[House Report 104-469]
[From the U.S. Government Publishing Office]




104th Congress                                            Rept. 104-469
                       HOUSE OF REPRESENTATIVES 
2d Session                                                       Part 1
_______________________________________________________________________


 
             IMMIGRATION IN THE NATIONAL INTEREST ACT OF 1995

                               ----------                              

                              R E P O R T

                                 of the

                       COMMITTEE ON THE JUDICIARY
                        HOUSE OF REPRESENTATIVES

                                   on

                               H.R. 2202

                             together with

                    ADDITIONAL AND DISSENTING VIEWS

      [Including cost estimate of the Congressional Budget Office]




                 March 4, 1996.--Ordered to be printed
            IMMIGRATION IN THE NATIONAL INTEREST ACT OF 1995
104th Congress 2d SessioHOUSE OF REPRESENTATIVES    Rept. 104-469
                                                        Part 1
_______________________________________________________________________

                                     



                          IMMIGRATION IN THE

                     NATIONAL INTEREST ACT OF 1995

                               __________

                              R E P O R T

                                 of the

                       COMMITTEE ON THE JUDICIARY
                        HOUSE OF REPRESENTATIVES

                                   on

                               H.R. 2202

                             together with

                    ADDITIONAL AND DISSENTING VIEWS

      [Including cost estimate of the Congressional Budget Office]




                 March 4, 1996.--Ordered to be printed

                            C O N T E N T S

                              ----------                              
                                                                   Page
The Amendment....................................................     1
Explanation of Amendment.........................................   106
Purpose and Summary..............................................   106
Background and Need for Legislation..............................   110
Hearings.........................................................   182
Committee Consideration..........................................   182
Vote of the Committee............................................   182
Committee Oversight Findings.....................................   205
Committee on Government Reform and Oversight Findings............   205
New Budget Authority and Tax Expenditures........................   205
Congressional Budget Office Cost Estimate........................   205
Inflationary Impact Statement....................................   218
Section-by-Section Analysis and Discussion.......................   219
Agency Views.....................................................   278
Changes in Existing Law Made by the Bill, as Reported............   282
Additional/Minority Views........................................   512
                                                                       
104th Congress                                            Rept. 104-469
                        HOUSE OF REPRESENTATIVES

 2d Session                                                      Part 1
_______________________________________________________________________


            IMMIGRATION IN THE NATIONAL INTEREST ACT OF 1995

_______________________________________________________________________


                 March 4, 1996.--Ordered to be printed

                                _______


 Mr. Hyde, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                             together with

                    ADDITIONAL AND DISSENTING VIEWS

                        [To accompany H.R. 2202]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred 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, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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

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

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

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

               Subtitle A--Improved Enforcement at Border

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

                       Subtitle B--Pilot Programs

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

                    Subtitle C--Interior Enforcement

Sec. 121. Increase in personnel for interior enforcement.

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

 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

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

                Subtitle B--Deterrence of Document Fraud

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

      Subtitle C--Asset Forfeiture for Passport and Visa Offenses

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

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

        Subtitle A--Revision of Procedures for Removal of Aliens

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

                Subtitle B--Removal of Alien Terrorists

            Part 1--Removal Procedures for Alien Terrorists

Sec. 321. Removal procedures for alien terrorists.

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

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

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

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

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

Sec. 341. Definition of stowaway.
Sec. 342. List of alien and citizen passengers arriving.

                   Subtitle D--Additional Provisions

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

        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

Sec. 401. Strengthened enforcement of the employer sanctions 
provisions.
Sec. 402. Strengthened enforcement of wage and hour laws.
Sec. 403. Changes in the employer sanctions program.
Sec. 404. Reports on earnings of aliens not authorized to work.
Sec. 405. Authorizing maintenance of certain information on aliens.
Sec. 406. Limiting liability for certain technical violations of 
paperwork requirements.
Sec. 407. Unfair immigration-related employment practices.

              TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM

Sec. 500. Overview of new legal immigration system.

                 Subtitle A--Worldwide Numerical Limits

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

                Subtitle B--Changes in Preference System

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

       Subtitle C--Refugees, Parole, and Humanitarian Admissions

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

                       Subtitle D--Asylum Reform

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

       Subtitle E--General Effective Date; Transition Provisions

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

             TITLE VI--RESTRICTIONS ON BENEFITS FOR ALIENS

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

     Subtitle A--Eligibility of Illegal Aliens for Public Benefits

                   Part 1--Public Benefits Generally

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

                    Part 2--Earned Income Tax Credit

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

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

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

      Subtitle C--Attribution of Income and Affidavits of Support

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

                 TITLE VII--FACILITATION OF LEGAL ENTRY

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

                  TITLE VIII--MISCELLANEOUS PROVISIONS

     Subtitle A--Amendments to the Immigration and Nationality Act

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

                      Subtitle B--Other Provisions

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

                   Subtitle C--Technical Corrections

Sec. 851. Miscellaneous technical corrections.

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

               Subtitle A--Improved Enforcement at Border

SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.

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

SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.

  (a) In General.--The Attorney General, in consultation with the 
Commissioner of the Immigration and Naturalization Service, shall take 
such actions as may be necessary to install additional physical 
barriers and roads (including the removal of obstacles to detection of 
illegal entrants) in the vicinity of the United States border to deter 
illegal crossings in areas of high illegal entry into the United 
States.
  (b) Construction of Fencing and Road Improvements in the Border Area 
Near San Diego, California.--
          (1) In general.--In carrying out subsection (a), the Attorney 
        General shall provide for the construction along the 14 miles 
        of the international land border of the United States, starting 
        at the Pacific Ocean and extending eastward, of second and 
        third fences, in addition to the existing reinforced fence, and 
        for roads between the fences.
          (2) Prompt acquisition of necessary easements.--The Attorney 
        General shall promptly acquire such easements as may be 
        necessary to carry out this subsection and shall commence 
        construction of fences immediately following such acquisition 
        (or conclusion of portions thereof).
          (3) Authorization of appropriations.--There are authorized to 
        be appropriated to carry out this subsection not to exceed 
        $12,000,000. Amounts appropriated under this paragraph are 
        authorized to remain available until expended.
  (c) Waiver.--The provisions of the Endangered Species Act of 1973 are 
waived to the extent the Attorney General determines necessary to 
assure expeditious construction of the barriers and roads under this 
section.
  (d) Forward Deployment.--
          (1) In general.--The Attorney General shall forward deploy 
        existing border patrol agents in those areas of the border 
        identified as areas of high illegal entry into the United 
        States in order to provide a uniform and visible deterrent to 
        illegal entry on a continuing basis.
          (2) Report.--By not later than 6 months after the date of the 
        enactment of this Act, the Attorney General shall submit to the 
        appropriate committees of Congress a report on the progress and 
        effectiveness of such forward deployments.

SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.

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

SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION CARD.

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

SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.

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

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

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

SEC. 107. INSERVICE TRAINING FOR THE BORDER PATROL.

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

                       Subtitle B--Pilot Programs

SEC. 111. PILOT PROGRAM ON INTERIOR REPATRIATION.

  (a) Establishment.--Not later than 120 days after the date of the 
enactment of this Act, the Attorney General, after consultation with 
the Secretary of State, shall establish a pilot program for up to 2 
years which provides for methods to deter multiple illegal entries by 
aliens into the United States. The pilot program may include the 
development and use of interior repatriation, third country 
repatriation, and other disincentives for multiple illegal entries into 
the United States.
  (b) Report.--Not later than 30 months after the date of the enactment 
of this Act, the Attorney General, together with the Secretary of 
State, shall submit a report to the Committees on the Judiciary of the 
House of Representatives and of the Senate on the operation of the 
pilot program under this section and whether the pilot program or any 
part thereof should be extended or made permanent.

SEC. 112. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR THE 
                    DETENTION OF INADMISSIBLE OR DEPORTABLE ALIENS.

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

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

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

                    Subtitle C--Interior Enforcement

SEC. 121. INCREASE IN PERSONNEL FOR INTERIOR ENFORCEMENT.

  Subject to the availability of appropriations, the Attorney General 
shall provide for an increase in the number of investigators and 
enforcement personnel of the Immigration and Naturalization Service who 
are deployed in the interior so that the number of such personnel is 
adequate properly to investigate violations of, and to enforce, 
immigration laws.

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

 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

SEC. 201. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

  Section 2516(1) of title 18, United States Code, is amended--
          (1) by striking ``and'' at the end of paragraph (n),
          (2) by redesignating paragraph (o) as paragraph (p), and
          (3) by inserting after paragraph (n) the following new 
        paragraph:
          ``(o)(1) a felony violation of section 1028 (relating to 
        production of false identification documentation), section 1541 
        (relating to passport issuance without authority), section 1542 
        (relating to false statements in passport applications), 
        section 1543 (relating to forgery or false use of passport), 
        section 1544 (relating to misuse of passport), section 1546 
        (relating to fraud or misuse of visas, permits, or other 
        documents) of this title; or
          ``(2) a violation of section 274, 277, or 278 of the 
        Immigration and Nationality Act (relating to the smuggling of 
        aliens); or''.

SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.

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

SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

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

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

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

SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.

  (a) In General.--Title II is amended by adding at the end the 
following new section:
                  ``undercover investigation authority
  ``Sec. 294. (a) In General.--With respect to any undercover 
investigative operation of the Service which is necessary for the 
detection and prosecution of crimes against the United States--
          ``(1) sums appropriated for the Service may be used for 
        leasing space within the United States and the territories and 
        possessions of the United States without regard to the 
        following provisions of law:
                  ``(A) section 3679(a) of the Revised Statutes (31 
                U.S.C. 1341),
                  ``(B) section 3732(a) of the Revised Statutes (41 
                U.S.C. 11(a)),
                  ``(C) section 305 of the Act of June 30, 1949 (63 
                Stat. 396; 41 U.S.C. 255),
                  ``(D) the third undesignated paragraph under the 
                heading `Miscellaneous' of the Act of March 3, 1877 (19 
                Stat. 370; 40 U.S.C. 34),
                  ``(E) section 3648 of the Revised Statutes (31 U.S.C. 
                3324),
                  ``(F) section 3741 of the Revised Statutes (41 U.S.C. 
                22), and
                  ``(G) subsections (a) and (c) of section 304 of the 
                Federal Property and Administrative Services Act of 
                1949 (63 Stat. 395; 41 U.S.C. 254 (a) and (c));
          ``(2) sums appropriated for the Service may be used to 
        establish or to acquire proprietary corporations or business 
        entities as part of an undercover operation, and to operate 
        such corporations or business entities on a commercial basis, 
        without regard to the provisions of section 304 of the 
        Government Corporation Control Act (31 U.S.C. 9102);
          ``(3) sums appropriated for the Service, and the proceeds 
        from the undercover operation, may be deposited in banks or 
        other financial institutions without regard to the provisions 
        of section 648 of title 18, United States Code, and of section 
        3639 of the Revised Statutes (31 U.S.C. 3302); and
          ``(4) the proceeds from the undercover operation may be used 
        to offset necessary and reasonable expenses incurred in such 
        operation without regard to the provisions of section 3617 of 
        the Revised Statutes (31 U.S.C. 3302).
The authority set forth in this subsection may be exercised only upon 
written certification of the Commissioner, in consultation with the 
Deputy Attorney General, that any action authorized by paragraph (1), 
(2), (3), or (4) is necessary for the conduct of the undercover 
operation.
  ``(b) Disposition of Proceeds No Longer Required.--As soon as 
practicable after the proceeds from an undercover investigative 
operation, carried out under paragraphs (3) and (4) of subsection (a), 
are no longer necessary for the conduct of the operation, the proceeds 
or the balance of the proceeds remaining at the time shall be deposited 
into the Treasury of the United States as miscellaneous receipts.
  ``(c) Disposition of Certain Corporations and Business Entities.--If 
a corporation or business entity established or acquired as part of an 
undercover operation under paragraph (2) of subsection (a) with a net 
value of over $50,000 is to be liquidated, sold, or otherwise disposed 
of, the Service, as much in advance as the Commissioner or 
Commissioner's designee determines practicable, shall report the 
circumstances to the Attorney General, the Director of the Office of 
Management and Budget, and the Comptroller General. The proceeds of the 
liquidation, sale, or other disposition, after obligations are met, 
shall be deposited in the Treasury of the United States as 
miscellaneous receipts.
  ``(d) Financial Audits.--The Service shall conduct detailed financial 
audits of closed undercover operations on a quarterly basis and shall 
report the results of the audits in writing to the Deputy Attorney 
General.''.
  (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 293 the following:

``Sec. 294. Undercover investigation authority.''.

                Subtitle B--Deterrence of Document Fraud

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

  (a) Fraud and Misuse of Government-Issued Identification Documents.--
Section 1028(b) of title 18, United States Code, is amended--
          (1) in paragraph (1), by inserting ``except as provided in 
        paragraphs (3) and (4),'' after ``(1)'' and by striking ``five 
        years'' and inserting ``15 years'';
          (2) in paragraph (2), by inserting ``except as provided in 
        paragraphs (3) and (4),'' after ``(2)'' and by striking ``and'' 
        at the end;
          (3) by redesignating paragraph (3) as paragraph (5); and
          (4) by inserting after paragraph (2) the following new 
        paragraphs:
          ``(3) a fine under this title or imprisonment for not more 
        than 20 years, or both, if the offense is committed to 
        facilitate a drug trafficking crime (as defined in section 
        929(a)(2) of this title);
          ``(4) a fine under this title or imprisonment for not more 
        than 25 years, or both, if the offense is committed to 
        facilitate an act of international terrorism (as defined in 
        section 2331(1) of this title); and''.
  (b) Changes to the Sentencing Levels.--Pursuant to section 944 of 
title 28, United States Code, and section 21 of the Sentencing Act of 
1987, the United States Sentencing Commission shall promulgate 
guidelines, or amend existing guidelines, relating to defendants 
convicted of violating, or conspiring to violate, sections 1546(a) and 
1028(a) of title 18, United States Code. The basic offense level under 
section 2L2.1 of the United States Sentencing Guidelines shall be 
increased to--
          (1) not less than offense level 15 if the offense involves 
        100 or more documents;
          (2) not less than offense level 20 if the offense involves 
        1,000 or more documents, or if the documents were used to 
        facilitate any other criminal activity described in section 
        212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(A)(i)(II)) or in section 101(a)(43) of such Act; 
        and
          (3) not less than offense level 25 if the offense involves--
                  (A) the provision of documents to a person known or 
                suspected of engaging in a terrorist activity (as such 
                terms are defined in section 212(a)(3)(B) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B));
                  (B) the provision of documents to facilitate a 
                terrorist activity or to assist a person to engage in 
                terrorist activity (as such terms are defined in 
                section 212(a)(3)(B) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(a)(3)(B)); or
                  (C) the provision of documents to persons involved in 
                racketeering enterprises (described in section 1952(a) 
                of title 18, United States Code).

SEC. 212. NEW CIVIL PENALTIES FOR DOCUMENT FRAUD.

  (a) Activities Prohibited.--Section 274C(a) (8 U.S.C. 1324c(a)) is 
amended--
          (1) by striking ``or'' at the end of paragraph (3);
          (2) by striking the period at the end of paragraph (4) and 
        inserting ``, or''; and
          (3) by adding at the end the following:
          ``(5) in reckless disregard of the fact that the information 
        is false or does not relate to the applicant, to prepare, to 
        file, or to assist another in preparing or filing, documents 
        which are falsely made for the purpose of satisfying a 
        requirement of this Act.
For purposes of this section, the term `falsely made' includes, with 
respect to a document or application, the preparation or provision of 
the document or application with knowledge or in reckless disregard of 
the fact that such document contains a false, fictitious, or fraudulent 
statement or material representation, or has no basis in law or fact, 
or otherwise fails to state a material fact pertaining to the document 
or application.''.
  (b) Conforming Amendments for Civil Penalties.--Section 274C(d)(3) (8 
U.S.C. 1324c(d)(3)) is amended by striking ``each document used, 
accepted, or created and each instance of use, acceptance, or 
creation'' both places it appears and inserting ``each instance of a 
violation under subsection (a)''.
  (c) Effective Dates.--(1) The amendments made by subsection (a) shall 
apply to the preparation or filing of documents, and assistance in such 
preparation or filing, occurring on or after the date of the enactment 
of this Act.
  (2) The amendment made by subsection (b) shall apply to violations 
occurring on or after the date of the enactment of this Act.

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

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

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

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

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

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

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

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

      Subtitle C--Asset Forfeiture for Passport and Visa Offenses

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

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

SEC. 222. SUBPOENAS FOR BANK RECORDS.

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

SEC. 223. EFFECTIVE DATE.

  The amendments made by this subtitle shall take effect on the first 
day of the first month that begins more than 90 days after the date of 
the enactment of this Act.

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

        Subtitle A--Revision of Procedures for Removal of Aliens

SEC. 300. OVERVIEW OF CHANGES IN REMOVAL PROCEDURES.

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

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

  (a) ``Admission'' Defined.--Paragraph (13) of section 101(a) (8 
U.S.C. 1101(a)) is amended to read as follows:
  ``(13)(A) The terms `admission' and `admitted' mean, with respect to 
an alien, the entry of the alien into the United States after 
inspection and authorization by an immigration officer.
  ``(B) An alien who is paroled under section 212(d)(5) or permitted to 
land temporarily as an alien crewman shall not be considered to have 
been admitted.
  ``(C) An alien lawfully admitted for permanent residence in the 
United States shall not be regarded as seeking an admission into the 
United States for purposes of the immigration laws unless the alien--
          ``(i) has abandoned or relinquished that status,
          ``(ii) has engaged in illegal activity after having departed 
        the United States,
          ``(iii) has departed from the United States while under legal 
        process seeking removal of the alien from the United States, 
        including removal proceedings under this Act and extradition 
        proceedings,
          ``(iv) has been convicted of an aggravated felony, unless 
        since such conviction the alien has been granted relief under 
        section 240A(a), or
          ``(v) is attempting to enter at a time or place other than as 
        designated by immigration officers or has not been admitted to 
        the United States after inspection and authorization by an 
        immigration officer.''.
  (b) Inadmissibility of Aliens Present Without Admission or Parole.--
          (1) In general.--Section 212(a) (8 U.S.C. 1182(a)) is amended 
        by redesignating paragraph (9) as paragraph (10) and by 
        inserting after paragraph (8) the following new paragraph:
          ``(9) Present without admission or parole.--
                  ``(A) In general.--An alien present in the United 
                States without being admitted or paroled, or who 
                arrives in the United States at any time or place other 
                than as designated by the Attorney General, is 
                inadmissible.
                  ``(B) Exception for certain battered women and 
                children.--Subparagraph (A) shall not apply to an alien 
                who can demonstrate that--
                          ``(i) the alien qualifies for immigrant 
                        status under subparagraphs (A)(iii), (A)(iv), 
                        (B)(ii), or (B)(iii) of section 204(a)(1),
                          ``(ii)(I) the alien has been battered or 
                        subject to extreme cruelty by a spouse or 
                        parent, or by a member of the spouse's or 
                        parent's family residing in the same household 
                        as the alien and the spouse or parent consented 
                        or acquiesced to such battery or cruelty, or 
                        (II) the alien's child has been battered or 
                        subject to extreme cruelty by a spouse or 
                        parent of the alien (without the active 
                        participation of the alien in the battery or 
                        extreme cruelty) or by a member of the spouse's 
                        or parent's family residing in the same 
                        household as the alien when the spouse or 
                        parent consented to or acquiesced in such 
                        battery or cruelty and the alien did not 
                        actively participate in such battery or 
                        cruelty, and
                          ``(iii) there was a substantial connection 
                        between the battery or cruelty described in 
                        subclause (I) or (II) and the alien's unlawful 
                        entry into the United States.''.
          (2) Transition for battered spouse or child provision.--The 
        requirements of clauses (ii) and (iii) of section 212(a)(9)(B) 
        of the Immigration and Nationality Act, as inserted by 
        paragraph (1), shall not apply to an alien who demonstrates 
        that the alien first arrived in the United States before the 
        title III-A effective date (described in section 309(a)).
  (c) Revision to Ground of Inadmissibility for Illegal Entrants and 
Immigration Violators.--Subparagraphs (A) and (B) of section 212(a)(6) 
(8 U.S.C. 1182(a)(6)) are amended to read as follows:
                  ``(A) Aliens previously removed.--
                          ``(i) Arriving aliens.--Any alien who has 
                        been ordered removed under section 235(b)(1) or 
                        at the end of proceedings under section 240 
                        initiated upon the alien's arrival in the 
                        United States and who again seeks admission 
                        within 5 years of the date of such removal is 
                        inadmissible.
                          ``(ii) Other aliens.--Any alien not described 
                        in clause (i) who has been ordered removed 
                        under section 240 or any other provision of law 
                        and who again seeks admission within 10 years 
                        of the date of such removal (or at any time in 
                        the case of an alien convicted of an aggravated 
                        felony) is inadmissible.
                          ``(iii) Exception.--Clauses (i) and (ii) 
                        shall not apply to an alien seeking admission 
                        within a period if, prior to the alien's 
                        reembarkation at a place outside the United 
                        States or attempt to be admitted from foreign 
                        contiguous territory, the Attorney General has 
                        consented to the alien's reapplying for 
                        admission.
                  ``(B) Aliens present unlawfully for more than 1 
                year.--
                          ``(i) In general.--Any alien who was 
                        unlawfully present in the United States for an 
                        aggregate period totaling 1 year is 
                        inadmissible unless the alien has remained 
                        outside the United States for a period of 10 
                        years.
                          ``(ii) Exceptions.--
                                  ``(I) Minors.--No period of time in 
                                which an alien is under 18 years of age 
                                shall be taken into account in 
                                determining the period of unlawful 
                                presence in the United States under 
                                clause (i).
                                  ``(II) Asylees.--No period of time in 
                                which an alien has a bona fide 
                                application for asylum pending under 
                                section 208 shall be taken into account 
                                in determining the period of unlawful 
                                presence in the United States under 
                                clause (i).
                                  ``(III) Aliens with work 
                                authorization.--No period of time in 
                                which an alien is provided 
                                authorization to engage in employment 
                                in the United States (including such an 
                                authorization under section 
                                244A(a)(1)(B)), or in which the alien 
                                is the spouse of such an alien, shall 
                                be taken into account in determining 
                                the period of unlawful presence in the 
                                United States under clause (i).
                                  ``(IV) Family unity.--No period of 
                                time in which the alien is a 
                                beneficiary of family unity protection 
                                pursuant to section 301 of the 
                                Immigration Act of 1990 shall be taken 
                                into account in determining the period 
                                of unlawful presence in the United 
                                States under clause (i).
                                  ``(V) Battered women and children.--
                                Clause (i) shall not apply to an alien 
                                described in paragraph (9)(B).
                          ``(iii) Extension.--The Attorney General may 
                        extend the period of 1 year under clause (i) to 
                        a period of 15 months in the case of an alien 
                        who applies to the Attorney General (before the 
                        alien has been present unlawfully in the United 
                        States for a period totaling 1 year) and 
                        establishes to the satisfaction of the Attorney 
                        General that--
                                  ``(I) the alien is not inadmissible 
                                under clause (i) at the time of the 
                                application, and
                                  ``(II) the failure to extend such 
                                period would constitute an extreme 
                                hardship for the alien.
                          ``(iv) Waiver.--In the case of an alien who 
                        is the spouse, parent, or child of a United 
                        States citizen or the spouse or child of a 
                        permanent resident alien, the Attorney General 
                        may waive clause (i) for humanitarian purposes, 
                        to assure family unity, or when it is otherwise 
                        in the public interest.
                          ``(v) National interest waiver.--The Attorney 
                        General may waive clause (i) if the Attorney 
                        General determines that such a waiver is 
                        necessary to substantially benefit--
                                  ``(I) the national security, national 
                                defense, or Federal, State, or local 
                                law enforcement;
                                  ``(II) health care, housing, or 
                                educational opportunities for an 
                                indigent or low-income population or in 
                                an underserved geographical area;
                                  ``(III) economic or employment 
                                opportunities for a specific industry 
                                or specific geographical area;
                                  ``(IV) the development of new 
                                technologies; or
                                  ``(V) environmental protection or the 
                                productive use of natural resources; 
                                and
                        the alien will engage in a specific undertaking 
                        to advance one or more of the interests 
                        identified in subclauses (I) through (V).''.
  (d) Waiver of Misrepresentation Ground of Inadmissibility for Certain 
Aliens.--Subsection (i) of section 212 is amended to read as follows:
  ``(i) The Attorney General may, in the discretion of the Attorney 
General, waive the application of clause (i) of subsection (a)(6)(C)--
          ``(1) in the case of an immigrant who is the spouse, son, or 
        daughter of a United States citizen; or
          ``(2) in the case of an immigrant who is the spouse or son or 
        daughter of an alien lawfully admitted for permanent residence, 
        if it is established to the satisfaction of the Attorney 
        General that the refusal of admission to the United States of 
        such immigrant alien would result in extreme hardship to the 
        lawfully resident spouse or parent of such an alien.''.
  (e) Prohibition on Issuance of Visas for Former Citizens Who 
Renounced Citizenship to Avoid United States Taxation.--Section 
212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by subsection 
(b)(1), is amended by adding at the end the following:
                  ``(D) Former citizens who renounced citizenship to 
                avoid taxation.--Any alien who is a former citizen of 
                the United States who officially renounced United 
                States citizenship and who is determined by the 
                Attorney General to have renounced United States 
                citizenship for the purpose of avoiding taxation by the 
                United States is excludable.''.
  (f) Proof of Vaccination Requirement for Immigrants.--
          (1) In general.--Section 212(a)(1)(A) (8 U.S.C. 
        1182(a)(1)(A)) is amended--
                  (A) by redesignating clauses (ii) and (iii) as 
                clauses (iii) and (iv), respectively, and
                  (B) by inserting after clause (i) the following new 
                clause:
                          ``(ii) who seeks admission as an immigrant, 
                        or who seeks adjustment of status to the status 
                        of an alien lawfully admitted for permanent 
                        residence, and who has failed to present 
                        documentation of having received vaccination 
                        against vaccine-preventable diseases, which 
                        shall include at least the following diseases: 
                        mumps, measles, rubella, polio, tetanus and 
                        diphtheria toxoids, pertussis, influenza type B 
                        and hepatitis B, and any other vaccinations 
                        against vaccine-preventable diseases 
                        recommended by the Advisory Committee for 
                        Immunization Practices,''.
          (2) Waiver.--Section 212(g) (8 U.S.C. 1182(g) is amended by 
        striking ``, or'' at the end of paragraph (1) and all that 
        follows and inserting a semicolon and the following:
        ``in accordance with such terms, conditions, and controls, if 
        any, including the giving of bond, as the Attorney General, in 
        the discretion of the Attorney General after consultation with 
        the Secretary of Health and Human Services, may by regulation 
        prescribe;
          ``(2) subsection (a)(1)(A)(ii) in the case of any alien--
                  ``(A) who receives vaccination against the vaccine-
                preventable disease or diseases for which the alien has 
                failed to present documentation of previous 
                vaccination, or
                  ``(B) for whom a civil surgeon, medical officer, or 
                panel physician (as those terms are defined by 42 
                C.F.R. 34.2) certifies, according to such regulations 
                as the Secretary of Health and Human Services may 
                prescribe, that such vaccination would not be medically 
                appropriate; or
          ``(3) subsection (a)(1)(A)(iii) in the case of any alien, in 
        accordance with such terms, conditions, and controls, if any, 
        including the giving of bond, as the Attorney General, in the 
        discretion of the Attorney General after consultation with the 
        Secretary of Health and Human Services, may by regulation 
        prescribe.''.
          (3) Effective date.--The amendments made by this subsection 
        shall apply with respect to applications for immigrant visas or 
        for adjustment of status filed after September 30, 1996.
  (g) Adjustment in Grounds for Deportation.--Section 241 (8 U.S.C. 
1251), before redesignation as section 237 by section 305(a)(2), is 
amended--
          (1) in the matter before paragraph (1) of subsection (a), by 
        striking ``in the United States'' and inserting ``in and 
        admitted to the United States'';
          (2) in subsection (a)(1), by striking ``Excludable'' each 
        place it appears and inserting ``Inadmissible'';
          (3) in subsection (a)(1)(A), by striking ``excludable'' and 
        inserting ``inadmissible''; and
          (4) by amending subparagraph (B) of subsection (a)(1) to read 
        as follows:
                  ``(B) Present in violation of law.--Any alien who is 
                present in the United States in violation of this Act 
                or any other law of the United States is deportable.''.

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

  Section 235 (8 U.S.C. 1225) is amended to read as follows:
``inspection by immigration officers; expedited removal of inadmissible 
                 arriving aliens; referral for hearing
  ``Sec. 235. (a) Inspection.--
          ``(1) Aliens treated as applicants for admission.--An alien 
        present in the United States who has not been admitted, who 
        arrives in the United States (whether or not at a designated 
        port of arrival), or who is brought to the United States after 
        having been interdicted in international or United States 
        waters shall be deemed for purposes of this Act an applicant 
        for admission.
          ``(2) Stowaways.--An arriving alien who is a stowaway is not 
        eligible to apply for admission or to be admitted and shall be 
        ordered removed upon inspection by an immigration officer. Upon 
        such inspection if the alien indicates an intention to apply 
        for asylum under section 208 or a fear of persecution, the 
        officer shall refer the alien for an interview under subsection 
        (b)(1)(B). A stowaway may apply for asylum only if the stowaway 
        is found to have a credible fear of persecution under 
        subsection (b)(1)(B). In no case may a stowaway be considered 
        an applicant for admission or eligible for a hearing under 
        section 240.
          ``(3) Inspection.--All aliens (including alien crewmen) who 
        are applicants for admission or otherwise seeking admission or 
        readmission to or transit through the United States shall be 
        inspected by immigration officers.
          ``(4) Withdrawal of application for admission.--An alien 
        applying for admission may, in the discretion of the Attorney 
        General and at any time, be permitted to withdraw the 
        application for admission and depart immediately from the 
        United States.
          ``(5) Statements.--An applicant for admission may be required 
        to state under oath any information sought by an immigration 
        officer regarding the purposes and intentions of the applicant 
        in seeking admission to the United States, including the 
        applicant's intended length of stay and whether the applicant 
        intends to remain permanently or become a United States 
        citizen, and whether the applicant is inadmissible.
  ``(b) Inspection of Applicants for Admission.--
          ``(1) Inspection of aliens arriving in the united states.--
                  ``(A) Screening.--If the examining immigration 
                officer determines that an alien arriving in the United 
                States (whether or not at a port of entry) is 
                inadmissible under section 212(a)(6)(C) or 212(a)(7) 
                and the alien--
                          ``(i) does not indicate either an intention 
                        to apply for asylum under section 208 or a fear 
                        of persecution, the officer shall order the 
                        alien removed from the United States without 
                        further hearing or review; or
                          ``(ii) indicates an intention to apply for 
                        asylum under section 208 or a fear of 
                        persecution, the officer shall refer the alien 
                        for an interview by an asylum officer under 
                        subparagraph (B).
                  ``(B) Asylum interviews.--
                          ``(i) Conduct by asylum officers.--An asylum 
                        officer shall promptly conduct interviews of 
                        aliens referred under subparagraph (A)(ii).
                          ``(ii) Referral of certain aliens.--If the 
                        officer determines at the time of the interview 
                        that an alien has a credible fear of 
                        persecution (within the meaning of clause (v)), 
                        the alien shall be detained for further 
                        consideration of the application for asylum.
                          ``(iii) Removal without further review if no 
                        credible fear of persecution.--
                                  ``(I) In general.--Subject to 
                                subclause (II), if the officer 
                                determines that an alien does not have 
                                a credible fear of persecution, the 
                                officer shall order the alien removed 
                                from the United States without further 
                                hearing or review.
                                  ``(II) Review of determination by 
                                supervisory officer.--The Attorney 
                                General shall promulgate regulations to 
                                provide for the immediate review by a 
                                supervisory asylum officer at the port 
                                of entry of a determination under 
                                subclause (I).
                          ``(iv) Information about interviews.--The 
                        Attorney General shall provide information 
                        concerning the asylum interview described in 
                        this subparagraph to aliens who may be 
                        eligible. An alien who is eligible for such 
                        interview may consult with a person or persons 
                        of the alien's choosing prior to the interview 
                        or any review thereof, according to regulations 
                        prescribed by the Attorney General. Such 
                        consultation shall be at no expense to the 
                        Government and shall not delay the process.
                          ``(v) Credible fear of persecution defined.--
                        For purposes of this subparagraph, the term 
                        `credible fear of persecution' means (I) that 
                        it is more probable than not that the 
                        statements made by the alien in support of the 
                        alien's claim are true, and (II) that there is 
                        a significant possibility, in light of such 
                        statements and of such other facts as are known 
                        to the officer, that the alien could establish 
                        eligibility for asylum under section 208.
                  ``(C) Limitation on administrative review.--A removal 
                order entered in accordance with subparagraph (A)(i) or 
                (B)(iii)(I) is not subject to administrative appeal, 
                except that the Attorney General shall provide by 
                regulation for prompt review of such an order under 
                subparagraph (A)(i) against an alien who claims under 
                oath, or as permitted under penalty of perjury under 
                section 1746 of title 28, United States Code, after 
                having been warned of the penalties for falsely making 
                such claim under such conditions, to have been lawfully 
                admitted for permanent residence.
                  ``(D) Limit on collateral attacks.--In any action 
                brought against an alien under section 275(a) or 
                section 276, the court shall not have jurisdiction to 
                hear any claim attacking the validity of an order of 
                removal entered under subparagraph (A)(i) or 
                (B)(iii)(I).
                  ``(E) Asylum officer defined.--As used in this 
                paragraph, the term `asylum officer' means an 
                immigration officer who--
                          ``(i) has had professional training in 
                        country conditions, asylum law, and interview 
                        techniques, and
                          ``(ii) is supervised by an officer who meets 
                        the condition described in clause (i).
          ``(2) Inspection of other aliens.--
                  ``(A) In general.--Subject to subparagraph (B), in 
                the case of an alien who is an applicant for admission, 
                if the examining immigration officer determines that an 
                alien seeking admission is not clearly and beyond a 
                doubt entitled to be admitted, the alien shall be 
                detained for a hearing under section 240.
                  ``(B) Exception.--Subparagraph (A) shall not apply to 
                an alien--
                          ``(i) who is a crewman,
                          ``(ii) to whom paragraph (1) applies, or
                          ``(iii) who is a stowaway.
          ``(3) Challenge of decision.--The decision of the examining 
        immigration officer, if favorable to the admission of any 
        alien, shall be subject to challenge by any other immigration 
        officer and such challenge shall operate to take the alien 
        whose privilege to be admitted is so challenged, before an 
        immigration judge for a hearing under section 240.
  ``(c) Removal of Aliens Inadmissible on Security and Related 
Grounds.--
          ``(1) Removal without further hearing.--If an immigration 
        officer or an immigration judge suspects that an arriving alien 
        may be inadmissible under subparagraph (A) (other than clause 
        (ii)), (B), or (C) of section 212(a)(3), the officer or judge 
        shall--
                  ``(A) order the alien removed, subject to review 
                under paragraph (2);
                  ``(B) report the order of removal to the Attorney 
                General; and
                  ``(C) not conduct any further inquiry or hearing 
                until ordered by the Attorney General.
          ``(2) Review of order.--(A) The Attorney General shall review 
        orders issued under paragraph (1).
          ``(B) If the Attorney General--
                  ``(i) is satisfied on the basis of confidential 
                information that the alien is inadmissible under 
                subparagraph (A) (other than clause (ii)), (B), or (C) 
                of section 212(a)(3), and
                  ``(ii) after consulting with appropriate security 
                agencies of the United States Government, concludes 
                that disclosure of the information would be prejudicial 
                to the public interest, safety, or security,
        the Attorney General may order the alien removed without 
        further inquiry or hearing by an immigration judge.
          ``(C) If the Attorney General does not order the removal of 
        the alien under subparagraph (B), the Attorney General shall 
        specify the further inquiry or hearing that shall be conducted 
        in the case.
          ``(3) Submission of statement and information.--The alien or 
        the alien's representative may submit a written statement and 
        additional information for consideration by the Attorney 
        General.
  ``(d) Authority Relating to Inspections.--
          ``(1) Authority to search conveyances.--Immigration officers 
        are authorized to board and search any vessel, aircraft, 
        railway car, or other conveyance or vehicle in which they 
        believe aliens are being brought into the United States.
          ``(2) Authority to order detention and delivery of arriving 
        aliens.--Immigration officers are authorized to order an owner, 
        agent, master, commanding officer, person in charge, purser, or 
        consignee of a vessel or aircraft bringing an alien (except an 
        alien crewmember) to the United States--
                  ``(A) to detain the alien on the vessel or at the 
                airport of arrival, and
                  ``(B) to deliver the alien to an immigration officer 
                for inspection or to a medical officer for examination.
          ``(3) Administration of oath and consideration of evidence.--
        The Attorney General and any immigration officer shall have 
        power to administer oaths and to take and consider evidence of 
        or from any person touching the privilege of any alien or 
        person he believes or suspects to be an alien to enter, 
        reenter, transit through, or reside in the United States or 
        concerning any matter which is material and relevant to the 
        enforcement of this Act and the administration of the Service.
          ``(4) Subpoena authority.--(A) The Attorney General and any 
        immigration officer shall have power to require by subpoena the 
        attendance and testimony of witnesses before immigration 
        officers and the production of books, papers, and documents 
        relating to the privilege of any person to enter, reenter, 
        reside in, or pass through the United States or concerning any 
        matter which is material and relevant to the enforcement of 
        this Act and the administration of the Service, and to that end 
        may invoke the aid of any court of the United States.
          ``(B) Any United States district court within the 
        jurisdiction of which investigations or inquiries are being 
        conducted by an immigration officer may, in the event of 
        neglect or refusal to respond to a subpoena issued under this 
        paragraph or refusal to testify before an immigration officer, 
        issue an order requiring such persons to appear before an 
        immigration officer, produce books, papers, and documents if 
        demanded, and testify, and any failure to obey such order of 
        the court may be punished by the court as a contempt 
        thereof.''.

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

  (a) In General.--Section 236 (8 U.S.C. 1226) is amended to read as 
follows:
   ``apprehension and detention of aliens not lawfully in the united 
                                 states
  ``Sec. 236. (a) Arrest, Detention, and Release.--On a warrant issued 
by the Attorney General, an alien may be arrested and detained pending 
a decision on whether the alien is to be removed from the United 
States. Except as provided in subsection (c) and pending such decision, 
the Attorney General--
          ``(1) may continue to detain the arrested alien; and
          ``(2) may release the alien on--
                  ``(A) bond of at least $1,500 with security approved 
                by, and containing conditions prescribed by, the 
                Attorney General; or
                  ``(B) conditional parole; but
          ``(3) may not provide the alien with work authorization 
        (including an `employment authorized' endorsement or other 
        appropriate work permit), unless the alien is lawfully admitted 
        for permanent residence or otherwise would (without regard to 
        removal proceedings) be provided such authorization.
  ``(b) Revocation of Bond or Parole.--The Attorney General at any time 
may revoke a bond or parole authorized under subsection (a), rearrest 
the alien under the original warrant, and detain the alien.
  ``(c) Aliens Convicted of Aggravated Felonies.--
          ``(1) Custody.--The Attorney General shall take into custody 
        any alien convicted of an aggravated felony when the alien is 
        released, without regard to whether the alien is released on 
        parole, supervised release, or probation, and without regard to 
        whether the alien may be arrested or imprisoned again for the 
        same offense.
          ``(2) Release.--The Attorney General may release the alien 
        only if--
                  ``(A) the alien was lawfully admitted to the United 
                States and satisfies the Attorney General that the 
                alien will not pose a danger to the safety of other 
                persons or of property and is likely to appear for any 
                scheduled proceeding;
                  ``(B) the alien was not lawfully admitted to the 
                United States, cannot be removed because the designated 
                country of removal will not accept the alien, and 
                satisfies the Attorney General that the alien will not 
                pose a danger to the safety of other persons or of 
                property and is likely to appear for any scheduled 
                proceeding; or
                  ``(C) the Attorney General decides pursuant to 
                section 3521 of title 18, United States Code, that 
                release of the alien from custody is necessary to 
                provide protection to a witness, a potential witness, a 
                person cooperating with an investigation into major 
                criminal activity, or an immediate family member or 
                close associate of a witness, potential witness, or 
                person cooperating with such an investigation.
        A decision relating to such release shall take place in 
        accordance with a procedure that considers the severity of the 
        offense committed by the alien.
  ``(d) Identification of Aliens Convicted of Aggravated Felonies.--(1) 
The Attorney General shall devise and implement a system--
          ``(A) to make available, daily (on a 24-hour basis), to 
        Federal, State, and local authorities the investigative 
        resources of the Service to determine whether individuals 
        arrested by such authorities for aggravated felonies are 
        aliens;
          ``(B) to designate and train officers and employees of the 
        Service to serve as a liaison to Federal, State, and local law 
        enforcement and correctional agencies and courts with respect 
        to the arrest, conviction, and release of any alien charged 
        with an aggravated felony; and
          ``(C) which uses computer resources to maintain a current 
        record of aliens who have been convicted of an aggravated 
        felony and who have been removed.
  ``(2) The record under paragraph (1)(C) shall be made available--
          ``(A) to inspectors at ports of entry and to border patrol 
        agents at sector headquarters for purposes of immediate 
        identification of any such previously removed alien seeking to 
        reenter the United States, and
          ``(B) to officials of the Department of State for use in its 
        automated visa lookout system.''.
  (b) Increase in INS Detention Facilities.--Subject to the 
availability of appropriations, the Attorney General shall provide for 
an increase in the detention facilities of the Immigration and 
Naturalization Service to at least 9,000 beds by fiscal year 1997.

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

  (a) In General.--Chapter 4 of title II is amended--
          (1) by redesignating section 239 as section 234 and by moving 
        such section to immediately follow section 233;
          (2) by redesignating section 240 (8 U.S.C. 1230) as section 
        240C; and
          (3) by inserting after section 238 the following new 
        sections:
                  ``initiation of removal proceedings
  ``Sec. 239. (a) Notice to Appear.--
          ``(1) In general.--In removal proceedings under section 240, 
        written notice (in this section referred to as a `notice to 
        appear') shall be given in person to the alien (or, if personal 
        service is not practicable, through service by mail to the 
        alien or to the alien's counsel of record, if any) specifying 
        the following:
                  ``(A) The nature of the proceedings against the 
                alien.
                  ``(B) The legal authority under which the proceedings 
                are conducted.
                  ``(C) The acts or conduct alleged to be in violation 
                of law.
                  ``(D) The charges against the alien and the statutory 
                provisions alleged to have been violated.
                  ``(E) The alien may be represented by counsel and the 
                alien will be provided (i) a period of time to secure 
                counsel under subsection (b)(1) and (ii) a current list 
                of counsel prepared under subsection (b)(2).
                  ``(F)(i) The requirement that the alien must 
                immediately provide (or have provided) the Attorney 
                General with a written record of an address and 
                telephone number (if any) at which the alien may be 
                contacted respecting proceedings under section 240.
                  ``(ii) The requirement that the alien must provide 
                the Attorney General immediately with a written record 
                of any change of the alien's address or telephone 
                number.
                  ``(iii) The consequences under section 240(b)(5) of 
                failure to provide address and telephone information 
                pursuant to this subparagraph.
                  ``(G)(i) The time and place at which the proceedings 
                will be held.
                  ``(ii) The consequences under section 240(b)(5) of 
                the failure, except under exceptional circumstances, to 
                appear at such proceedings.
          ``(2) Notice of change in time or place of proceedings.--
                  ``(A) In general.--In removal proceedings under 
                section 240, in the case of any change or postponement 
                in the time and place of such proceedings, subject to 
                subparagraph (B) a written notice shall be given in 
                person to the alien (or, if personal service is not 
                practicable, through service by mail to the alien or to 
                the alien's counsel of record, if any) specifying--
                          ``(i) the new time or place of the 
                        proceedings, and
                          ``(ii) the consequences under section 
                        240(b)(5) of failing, except under exceptional 
                        circumstances, to attend such proceedings.
                  ``(B) Exception.--In the case of an alien not in 
                detention, a written notice shall not be required under 
                this paragraph if the alien has failed to provide the 
                address required under paragraph (1)(F).
          ``(3) Central address files.--The Attorney General shall 
        create a system to record and preserve on a timely basis 
        notices of addresses and telephone numbers (and changes) 
        provided under paragraph (1)(F).
  ``(b) Securing of Counsel.--
          ``(1) In general.--In order that an alien be permitted the 
        opportunity to secure counsel before the first hearing date in 
        proceedings under section 240, the hearing date shall not be 
        scheduled earlier than 10 days after the service of the notice 
        to appear, unless the alien requests in writing an earlier 
        hearing date.
          ``(2) Current lists of counsel.--The Attorney General shall 
        provide for lists (updated not less often than quarterly) of 
        persons who have indicated their availability to represent pro 
        bono aliens in proceedings under section 240. Such lists shall 
        be provided under subsection (a)(1)(E) and otherwise made 
        generally available.
  ``(c) Service by Mail.--Service by mail under this section shall be 
sufficient if there is proof of attempted delivery to the last address 
provided by the alien in accordance with subsection (a)(1)(F).
  ``(d) Prompt Initiation of Removal.--(1) In the case of an alien who 
is convicted of an offense which makes the alien deportable, the 
Attorney General shall begin any removal proceeding as expeditiously as 
possible after the date of the conviction.
  ``(2) Nothing in this subsection shall be construed to create any 
substantive or procedural right or benefit that is legally enforceable 
by any party against the United States or its agencies or officers or 
any other person.
                         ``removal proceedings
  ``Sec. 240. (a) Proceeding.--
          ``(1) In general.--An immigration judge shall conduct 
        proceedings for deciding the inadmissibility or deportability 
        of an alien.
          ``(2) Charges.--An alien placed in proceedings under this 
        section may be charged with any applicable ground of 
        inadmissibility under section 212(a) or any applicable ground 
        of deportability under section 237(a).
          ``(3) Exclusive procedures.--Unless otherwise specified in 
        this Act, a proceeding under this section shall be the sole and 
        exclusive procedure for determining whether an alien may be 
        admitted to the United States or, if the alien has been so 
        admitted, removed from the United States. Nothing in this 
        section shall affect proceedings conducted pursuant to section 
        238.
  ``(b) Conduct of Proceeding.--
          ``(1) Authority of immigration judge.--The immigration judge 
        shall administer oaths, receive evidence, and interrogate, 
        examine, and cross-examine the alien and any witnesses. The 
        immigration judge may issue subpoenas for the attendance of 
        witnesses and presentation of evidence. The immigration judge 
        shall have authority (under regulations prescribed by the 
        Attorney General) to sanction by civil money penalty any action 
        (or inaction) in contempt of the judge's proper exercise of 
        authority under this Act.
          ``(2) Form of proceeding.--
                  ``(A) In general.--The proceeding may take place--
                          ``(i) in person,
                          ``(ii) through video conference, or
                          ``(iii) subject to subparagraph (B), through 
                        telephone conference.
                  ``(B) Consent required in certain cases.--An 
                evidentiary hearing on the merits may only be conducted 
                through a telephone conference with the consent of the 
                alien involved after the alien has been advised of the 
                right to proceed in person or through video conference.
          ``(3) Presence of alien.--If it is impracticable by reason of 
        an alien's mental incompetency for the alien to be present at 
        the proceeding, the Attorney General shall prescribe safeguards 
        to protect the rights and privileges of the alien.
          ``(4) Aliens rights in proceeding.--In proceedings under this 
        section, under regulations of the Attorney General--
                  ``(A) the alien shall have the privilege of being 
                represented, at no expense to the Government, by 
                counsel of the alien's choosing who is authorized to 
                practice in such proceedings,
                  ``(B) the alien shall have a reasonable opportunity 
                to examine the evidence against the alien, to present 
                evidence on the alien's own behalf, and to cross-
                examine witnesses presented by the Government, and
                  ``(C) a complete record shall be kept of all 
                testimony and evidence produced at the proceeding.
          ``(5) Consequences of failure to appear.--
                  ``(A) In general.--Any alien who, after written 
                notice required under paragraph (1) or (2) of section 
                239(a) has been provided to the alien or the alien's 
                counsel of record, does not attend a proceeding under 
                this section, shall be ordered removed in absentia if 
                the Service establishes by clear, unequivocal, and 
                convincing evidence that the written notice was so 
                provided and that the alien is removable (as defined in 
                subsection (e)(2)). The written notice by the Attorney 
                General shall be considered sufficient for purposes of 
                this subparagraph if provided at the most recent 
                address provided under section 239(a)(1)(F).
                  ``(B) No notice if failure to provide address 
                information.--No written notice shall be required under 
                subparagraph (A) if the alien has failed to provide the 
                address required under section 239(a)(1)(F).
                  ``(C) Rescission of order.--Such an order may be 
                rescinded only--
                          ``(i) upon a motion to reopen filed within 
                        180 days after the date of the order of removal 
                        if the alien demonstrates that the failure to 
                        appear was because of exceptional circumstances 
                        (as defined in subsection (e)(1)), or
                          ``(ii) upon a motion to reopen filed at any 
                        time if the alien demonstrates that the alien 
                        did not receive notice in accordance with 
                        paragraph (1) or (2) of section 239(a) or the 
                        alien demonstrates that the alien was in 
                        Federal or State custody and did not appear 
                        through no fault of the alien.
                The filing of the motion to reopen described in clause 
                (i) or (ii) shall stay the removal of the alien pending 
                disposition of the motion.
                  ``(D) Effect on judicial review.--Any petition for 
                review under section 242 of an order entered in 
                absentia under this paragraph shall (except in cases 
                described in section 242(b)(5)) be confined to (i) the 
                validity of the notice provided to the alien, (ii) the 
                reasons for the alien's not attending the proceeding, 
                and (iii) whether or not the alien is removable.
          ``(6) Treatment of frivolous behavior.--The Attorney General 
        shall, by regulation--
                  ``(A) define in a proceeding before an immigration 
                judge or before an appellate administrative body under 
                this title, frivolous behavior for which attorneys may 
                be sanctioned,
                  ``(B) specify the circumstances under which an 
                administrative appeal of a decision or ruling will be 
                considered frivolous and will be summarily dismissed, 
                and
                  ``(C) impose appropriate sanctions (which may include 
                suspension and disbarment) in the case of frivolous 
                behavior.
        Nothing in this paragraph shall be construed as limiting the 
        authority of the Attorney General to take actions with respect 
        to inappropriate behavior.
          ``(7) Limitation on discretionary relief for failure to 
        appear.--Any alien against whom a final order of removal is 
        entered in absentia under this subsection and who, at the time 
        of the notice described in paragraph (1) or (2) of section 
        239(a), was provided oral notice, either in the alien's native 
        language or in another language the alien understands, of the 
        time and place of the proceedings and of the consequences under 
        this paragraph of failing, other than because of exceptional 
        circumstances (as defined in subsection (e)(1)) to attend a 
        proceeding under this section, shall not be eligible for relief 
        under section 240A, 240B, 245, 248, or 249 for a period of 10 
        years after the date of the entry of the final order of 
        removal.
  ``(c) Decision and Burden of Proof.--
          ``(1) Decision.--
                  ``(A) In general.--At the conclusion of the 
                proceeding the immigration judge shall decide whether 
                an alien is removable from the United States. The 
                determination of the immigration judge shall be based 
                only on the evidence produced at the hearing.
                  ``(B) Certain medical decisions.--If a medical 
                officer or civil surgeon or board of medical officers 
                has certified under section 232(b) that an alien has a 
                disease, illness, or addiction which would make the 
                alien inadmissible under paragraph (1) of section 
                212(a), the decision of the immigration judge shall be 
                based solely upon such certification.
          ``(2) Burden on alien.--In the proceeding the alien has the 
        burden of establishing--
                  ``(A) if the alien is an applicant for admission, 
                that the alien is clearly and beyond doubt entitled to 
                be admitted and is not inadmissible under section 212; 
                or
                  ``(B) by clear and convincing evidence, that the 
                alien is lawfully present in the United States pursuant 
                to a prior admission.
        In meeting the burden of proof under subparagraph (B), the 
        alien shall have access to the alien's visa or other entry 
        document, if any, and any other records and documents, not 
        considered by the Attorney General to be confidential, 
        pertaining to the alien's admission or presence in the United 
        States.
          ``(3) Burden on service in cases of deportable aliens.--In 
        the proceeding the Service has the burden of establishing by 
        clear and convincing evidence that, in the case of an alien who 
        has been admitted to the United States, the alien is 
        deportable. No decision on deportability shall be valid unless 
        it is based upon reasonable, substantial, and probative 
        evidence.
          ``(4) Notice.--If the immigration judge decides that the 
        alien is removable and orders the alien to be removed, the 
        judge shall inform the alien of the right to appeal that 
        decision and of the consequences for failure to depart under 
        the order of removal, including civil and criminal penalties.
          ``(5) Motions to reconsider.--
                  ``(A) In general.--The alien may file one motion to 
                reconsider a decision that the alien is removable from 
                the United States.
                  ``(B) Deadline.--The motion must be filed within 30 
                days of the date of entry of a final administrative 
                order of removal.
                  ``(C) Contents.--The motion shall specify the errors 
                of law or fact in the previous order and shall be 
                supported by pertinent authority.
          ``(6) Motions to reopen.--
                  ``(A) In general.--An alien may file one motion to 
                reopen proceedings under this section.
                  ``(B) Contents.--The motion to reopen shall state the 
                new facts that will be proven at a hearing to be held 
                if the motion is granted, and shall be supported by 
                affidavits or other evidentiary material.
                  ``(C) Deadline.--
                          ``(i) In general.--Except as provided in this 
                        subparagraph, the motion to reopen shall be 
                        filed within 90 days of the date of entry of a 
                        final administrative order of removal.
                          ``(ii) Asylum.--There is no time limit on the 
                        filing of a motion to reopen if the basis of 
                        the motion is to apply for relief under 
                        sections 208 or 241(b)(3) and is based on 
                        changed country conditions arising in the 
                        country of nationality or the country to which 
                        removal has been ordered, if such evidence is 
                        material and was not available and would not 
                        have been discovered or presented at the 
                        previous proceeding.
                          ``(iii) Failure to appear.--A motion to 
                        reopen may be filed within 180 days after the 
                        date of the final order of removal if the order 
                        has been entered pursuant to subsection (b)(5) 
                        due to the alien's failure to appear for 
                        proceedings under this section and the alien 
                        establishes that the alien's failure to appear 
                        was because of exceptional circumstances beyond 
                        the control of the alien or because the alien 
                        did not receive the notice required under 
                        section 239(a)(2).
  ``(d) Stipulated Removal.--The Attorney General shall provide by 
regulation for the entry by an immigration judge of an order of removal 
stipulated to by the alien (or the alien's representative) and the 
Service. A stipulated order shall constitute a conclusive determination 
of the alien's removability from the United States.
  ``(e) Definitions.--In this section and section 240A:
          ``(1) Exceptional circumstances.--The term `exceptional 
        circumstances' refers to exceptional circumstances (such as 
        serious illness of the alien or serious illness or death of the 
        spouse, child, or parent of the alien, but not including less 
        compelling circumstances) beyond the control of the alien.
          ``(2) Removable.--The term `removable' means--
                  ``(A) in the case of an alien not admitted to the 
                United States, that the alien is inadmissible under 
                section 212, or
                  ``(B) in the case of an alien admitted to the United 
                States, that the alien is deportable under section 237.
            ``cancellation of removal; adjustment of status
  ``Sec. 240A. (a) Cancellation of Removal for Certain Permanent 
Residents.--The Attorney General may cancel removal in the case of an 
alien who is inadmissible or deportable from the United States if the 
alien--
          ``(1) has been an alien lawfully admitted for permanent 
        residence for not less than 5 years,
          ``(2) has resided in the United States continuously for 7 
        years after having been admitted in any status, and
          ``(3) has not been convicted of an aggravated felony or 
        felonies for which the alien has been sentenced, in the 
        aggregate, to a term of imprisonment of at least 5 years.
  ``(b) Cancellation of Removal and Adjustment of Status for Certain 
Nonpermanent Residents.--
          ``(1) In general.--The Attorney General may cancel removal in 
        the case of an alien who is 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 7 years 
                immediately preceding the date of such application;
                  ``(B) has been a person of good moral character 
                during such period;
                  ``(C) has not been convicted of an aggravated felony; 
                and
                  ``(D) establishes that removal would result in 
                extreme hardship to the alien or to the alien's spouse, 
                parent, or child, who is a citizen of the United States 
                or an alien lawfully admitted for permanent residence.
          ``(2) Special rule for battered spouse or child.--The 
        Attorney General may cancel removal in the case of an alien who 
        is inadmissible or deportable from the United States if the 
        alien--
                  ``(A) has been battered or subjected to extreme 
                cruelty in the United States by a spouse or parent who 
                is a United States citizen or lawful permanent resident 
                (or is the parent of a child of a United States citizen 
                or lawful permanent resident and the child has been 
                battered or subjected to extreme cruelty in the United 
                States by such citizen or permanent resident parent);
                  ``(B) has been physically present in the United 
                States for a continuous period of not less than 3 years 
                immediately preceding the date of such application;
                  ``(C) has been a person of good moral character 
                during such period;
                  ``(D) is not inadmissible under paragraph (2) or (3) 
                of section 212(a), is not deportable under paragraph 
                (1)(G) or (2) through (4) of section 237(a), and has 
                not been convicted of an aggravated felony; and
                  ``(E) establishes that removal would result in 
                extreme hardship to the alien, the alien's child, or 
                (in the case of an alien who is a child) to the alien's 
                parent.
        In acting on applications under this paragraph, the Attorney 
        General shall consider any credible evidence relevant to the 
        application. The determination of what evidence is credible and 
        the weight to be given that evidence shall be within the sole 
        discretion of the Attorney General.
          ``(3) Adjustment of status.--The Attorney General may adjust 
        to the status of an alien lawfully admitted for permanent 
        residence any alien who the Attorney General determines meets 
        the requirements of paragraph (1) or (2). The number of 
        adjustments under this paragraph shall not exceed 4,000 for any 
        fiscal year. The Attorney General shall record the alien's 
        lawful admission for permanent residence as of the date the 
        Attorney General's cancellation of removal under paragraph (1) 
        or (2) or determination under this paragraph.
  ``(c) Aliens Ineligible for Relief.--The provisions of subsections 
(a) and (b)(1) shall not apply to any of the following aliens:
          ``(1) An alien who entered the United States as a crewman 
        subsequent to June 30, 1964.
          ``(2) An alien who was admitted to the United States as a 
        nonimmigrant exchange alien as defined in section 
        101(a)(15)(J), or has acquired the status of such a 
        nonimmigrant exchange alien after admission, in order to 
        receive graduate medical education or training, regardless of 
        whether or not the alien is subject to or has fulfilled the 
        two-year foreign residence requirement of section 212(e).
          ``(3) An alien who--
                  ``(A) was admitted to the United States as a 
                nonimmigrant exchange alien as defined in section 
                101(a)(15)(J) or has acquired the status of such a 
                nonimmigrant exchange alien after admission other than 
                to receive graduate medical education or training,
                  ``(B) is subject to the two-year foreign residence 
                requirement of section 212(e), and
                  ``(C) has not fulfilled that requirement or received 
                a waiver thereof.
          ``(4) An alien who is inadmissible under section 212(a)(3) or 
        deportable under subparagraph (B) or (D) of section 237(a)(4).
  ``(d) Special Rules Relating to Continuous Residence or Physical 
Presence.--
          ``(1) Termination of continuous period.--For purposes of this 
        section, any period of continuous residence or continuous 
        physical presence in the United States shall be deemed to end 
        when the alien is served a notice to appear under section 
        239(a).
          ``(2) Treatment of certain breaks in presence.--An alien 
        shall be considered to have failed to maintain continuous 
        physical presence in the United States under subsections (b)(1) 
        and (b)(2) if the alien has departed from the United States for 
        any periods in the aggregate exceeding 180 days, unless the 
        Attorney General finds that return could not be accomplished 
        within that time period due to emergent reasons.
          ``(3) Continuity not required because of honorable service in 
        armed forces and presence upon entry into service.--The 
        requirements of continuous residence or continuous physical 
        presence in the United States under subsections (a) and (b) 
        shall not apply to an alien who--
                  ``(A) has served for a minimum period of 24 months in 
                an active-duty status in the Armed Forces of the United 
                States and, if separated from such service, was 
                separated under honorable conditions, and
                  ``(B) at the time of the alien's enlistment or 
                induction was in the United States.
                         ``voluntary departure
  ``Sec. 240B. (a) Certain Conditions.--
          ``(1) In general.--The Attorney General may permit an alien 
        voluntarily to depart the United States at the alien's own 
        expense under this subsection, in lieu of being subject to 
        proceedings under section 240 or prior to the completion of 
        such proceedings, if the alien is not deportable under section 
        237(a)(2)(A)(iii) or section 237(a)(4)(B).
          ``(2) Period.--Permission to depart voluntarily under this 
        subsection shall not be valid for a period exceeding 120 days.
          ``(3) Bond.--The Attorney General may require an alien 
        permitted to depart voluntarily under this subsection to post a 
        voluntary departure bond, to be surrendered upon proof that the 
        alien has departed the United States within the time specified.
          ``(4) Treatment of aliens arriving in the united states.--In 
        the case of an alien who is arriving in the United States and 
        with respect to whom proceedings under section 240 are (or 
        would otherwise be) initiated at the time of such alien's 
        arrival, paragraph (1) shall not apply. Nothing in this 
        paragraph shall be construed as preventing such an alien from 
        withdrawing the application for admission in accordance with 
        section 235(a)(4).
  ``(b) At Conclusion of Proceedings.--
          ``(1) In general.--The Attorney General may permit an alien 
        voluntarily to depart the United States at the alien's own 
        expense if, at the conclusion of a proceeding under section 
        240, the immigration judge enters an order granting voluntary 
        departure in lieu of removal and finds that--
                  ``(A) the alien has been physically present in the 
                United States for a period of at least one year 
                immediately preceding the date the notice to appear was 
                served under section 239(a);
                  ``(B) the alien is, and has been, a person of good 
                moral character for at least 5 years immediately 
                preceding the alien's application for voluntary 
                departure;
                  ``(C) the alien is not deportable under section 
                237(a)(2)(A)(iii) or section 237(a)(4); and
                  ``(D) the alien has established by clear and 
                convincing evidence that the alien has the means to 
                depart the United States and intends to do so.
          ``(2) Period.--Permission to depart voluntarily under this 
        subsection shall not be valid for a period exceeding 60 days.
          ``(3) Bond.--An alien permitted to depart voluntarily under 
        this subsection shall be required to post a voluntary departure 
        bond, in an amount necessary to ensure that the alien will 
        depart, to be surrendered upon proof that the alien has 
        departed the United States within the time specified.
  ``(c) Aliens Not Eligible.--The Attorney General shall not permit an 
alien to depart voluntarily under this section if the alien was 
previously permitted to so depart after having been found inadmissible 
under section 212(a)(9).
  ``(d) Civil Penalty for Failure to Depart.--If an alien is permitted 
to depart voluntarily under this section and fails voluntarily to 
depart the United States within the time period specified, the alien 
shall be subject to a civil penalty of not less than $1,000 and not 
more than $5,000, and be ineligible for a period of 10 years for any 
further relief under this section and sections 240A, 245, 248, and 249.
  ``(e) Additional Conditions.--The Attorney General may by regulation 
limit eligibility for voluntary departure under this section for any 
class or classes of aliens.
  ``(f) Appeals of Denials.--An alien may appeal from denial of a 
request for an order of voluntary departure under subsection (b) in 
accordance with the procedures in section 242. Notwithstanding the 
pendency of such appeal, the alien shall be removable from the United 
States 60 days after entry of the order of removal. The alien's removal 
from the United States shall not moot the appeal.''.
  (b) Repeal of Section 212(c).--Section 212(c) (8 U.S.C. 1182(c)) is 
repealed.

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

  (a) In General.--Title II is further amended--
          (1) by striking section 237 (8 U.S.C. 1227),
          (2) by redesignating section 241 as section 237 and by moving 
        such section to immediately follow section 236, and
          (3) by inserting after section 240C (as redesignated by 
        section 304(a)(2)) the following new section:
           ``detention and removal of aliens ordered removed
  ``Sec. 241. (a) Detention, Release, and Removal of Aliens Ordered 
Removed.--
          ``(1) Removal period.--
                  ``(A) In general.--Except as otherwise provided in 
                this section, when an alien is ordered removed, the 
                Attorney General shall remove the alien from the United 
                States within a period of 90 days (in this section 
                referred to as the `removal period').
                  ``(B) Beginning of period.--The removal period begins 
                on the latest of the following:
                          ``(i) The date the order of removal becomes 
                        administratively final.
                          ``(ii) If the removal order is judicially 
                        reviewed and such review serves to stay the 
                        removal of the alien, the date of the court's 
                        final order.
                          ``(iii) If the alien is detained or confined 
                        (except under an immigration process), the date 
                        the alien is released from detention or 
                        confinement.
                  ``(C) Suspension of period.--The removal period shall 
                be extended beyond a period of 90 days and the alien 
                may remain in detention during such extended period if 
                the alien willfully fails or refuses to make timely 
                application in good faith for travel or other documents 
                necessary to the alien's departure or conspires or acts 
                to prevent the alien's removal subject to an order of 
                removal.
          ``(2) Detention and release by the attorney general.--During 
        the removal period, the Attorney General shall detain the 
        alien. If there is insufficient detention space to detain the 
        alien, the Attorney General shall make a specific finding to 
        this effect and may release the alien on a bond containing such 
        conditions as the Attorney General may prescribe.
          ``(3) Supervision after 90-day period.--If the alien does not 
        leave or is not removed within the removal period, the alien, 
        pending removal, shall be subject to supervision under 
        regulations prescribed by the Attorney General. The regulations 
        shall include provisions requiring the alien--
                  ``(A) to appear before an immigration officer 
                periodically for identification;
                  ``(B) to submit, if necessary, to a medical and 
                psychiatric examination at the expense of the United 
                States Government;
                  ``(C) to give information under oath about the 
                alien's nationality, circumstances, habits, 
                associations, and activities, and other information the 
                Attorney General considers appropriate; and
                  ``(D) to obey reasonable written restrictions on the 
                alien's conduct or activities that the Attorney General 
                prescribes for the alien.
          ``(4) Aliens imprisoned, arrested, or on parole, supervised 
        release, or probation.--Except as provided in section 343(a) of 
        the Public Health Service Act (42 U.S.C. 259(a)), the Attorney 
        General may not remove an alien who is sentenced to 
        imprisonment until the alien is released from imprisonment. 
        Parole, supervised release, probation, or possibility of arrest 
        or further imprisonment is not a reason to defer removal.
          ``(5) Reinstatement of removal orders against aliens 
        illegally reentering.--If the Attorney General finds that an 
        alien has reentered the United States illegally after having 
        been removed or having departed voluntarily, under an order of 
        removal, the prior order of removal is reinstated from its 
        original date and is not subject to being reopened or reviewed, 
        and the alien shall be removed under the prior order at any 
        time after the reentry.
          ``(6) Inadmissible aliens.--An alien ordered removed who is 
        inadmissible under section 212 may be detained beyond the 
        removal period and, if released, shall be subject to the terms 
        of supervision in paragraph (3).
          ``(7) Employment authorization.--No alien ordered removed 
        shall be eligible to receive authorization to be employed in 
        the United States unless the Attorney General makes a specific 
        finding that--
                  ``(A) the alien cannot be removed due to the refusal 
                of all countries designated by the alien or under this 
                section to receive the alien, or
                  ``(B) the removal of the alien is otherwise 
                impracticable or contrary to the public interest.
  ``(b) Countries to Which Aliens May Be Removed.--
          ``(1) Aliens arriving at the united states.--Subject to 
        paragraph (3)--
                  ``(A) In general.--Except as provided by 
                subparagraphs (B) and (C), an alien who arrives at the 
                United States and with respect to whom proceedings 
                under section 240 were initiated at the time of such 
                alien's arrival shall be removed to the country in 
                which the alien boarded the vessel or aircraft on which 
                the alien arrived in the United States.
                  ``(B) Travel from contiguous territory.--If the alien 
                boarded the vessel or aircraft on which the alien 
                arrived in the United States in a foreign territory 
                contiguous to the United States, an island adjacent to 
                the United States, or an island adjacent to a foreign 
                territory contiguous to the United States, and the 
                alien is not a native, citizen, subject, or national 
                of, or does not reside in, the territory or island, 
                removal shall be to the country in which the alien 
                boarded the vessel that transported the alien to the 
                territory or island.
                  ``(C) Alternative countries.--If the government of 
                the country designated in subparagraph (A) or (B) is 
                unwilling to accept the alien into that country's 
                territory, removal shall be to any of the following 
                countries, as directed by the Attorney General:
                          ``(i) The country of which the alien is a 
                        citizen, subject, or national.
                          ``(ii) The country in which the alien was 
                        born.
                          ``(iii) The country in which the alien has a 
                        residence.
                          ``(iv) A country with a government that will 
                        accept the alien into the country's territory 
                        if removal to each country described in a 
                        previous clause of this subparagraph is 
                        impracticable, inadvisable, or impossible.
          ``(2) Other aliens.--Subject to paragraph (3)--
                  ``(A) Selection of country by alien.--Except as 
                otherwise provided in this paragraph--
                          ``(i) any alien not described in paragraph 
                        (1) who has been ordered removed may designate 
                        one country to which the alien wants to be 
                        removed, and
                          ``(ii) the Attorney General shall remove the 
                        alien to the country the alien so designates.
                  ``(B) Limitation on designation.--An alien may 
                designate under subparagraph (A)(i) a foreign territory 
                contiguous to the United States, an adjacent island, or 
                an island adjacent to a foreign territory contiguous to 
                the United States as the place to which the alien is to 
                be removed only if the alien is a native, citizen, 
                subject, or national of, or has resided in, that 
                designated territory or island.
                  ``(C) Disregarding designation.--The Attorney General 
                may disregard a designation under subparagraph (A)(i) 
                if--
                          ``(i) the alien fails to designate a country 
                        promptly;
                          ``(ii) the government of the country does not 
                        inform the Attorney General finally, within 30 
                        days after the date the Attorney General first 
                        inquires, whether the government will accept 
                        the alien into the country;
                          ``(iii) the government of the country is not 
                        willing to accept the alien into the country; 
                        or
                          ``(iv) the Attorney General decides that 
                        removing the alien to the country is 
                        prejudicial to the United States.
                  ``(D) Alternative country.--If an alien is not 
                removed to a country designated under subparagraph 
                (A)(i), the Attorney General shall remove the alien to 
                a country of which the alien is a subject, national, or 
                citizen unless the government of the country--
                          ``(i) does not inform the Attorney General or 
                        the alien finally, within 30 days after the 
                        date the Attorney General first inquires or 
                        within another period of time the Attorney 
                        General decides is reasonable, whether the 
                        government will accept the alien into the 
                        country; or
                          ``(ii) is not willing to accept the alien 
                        into the country.
                  ``(E) Additional removal countries.--If an alien is 
                not removed to a country under the previous 
                subparagraphs of this paragraph, the Attorney General 
                shall remove the alien to any of the following 
                countries:
                          ``(i) The country from which the alien was 
                        admitted to the United States.
                          ``(ii) The country in which is located the 
                        foreign port from which the alien left for the 
                        United States or for a foreign territory 
                        contiguous to the United States.
                          ``(iii) A country in which the alien resided 
                        before the alien entered the country from which 
                        the alien entered the United States.
                          ``(iv) The country in which the alien was 
                        born.
                          ``(v) The country that had sovereignty over 
                        the alien's birthplace when the alien was born.
                          ``(vi) The country in which the alien's 
                        birthplace is located when the alien is ordered 
                        removed.
                          ``(vii) If impracticable, inadvisable, or 
                        impossible to remove the alien to each country 
                        described in a previous clause of this 
                        subparagraph, another country whose government 
                        will accept the alien into that country.
                  ``(F) Removal country when united states is at war.--
                When the United States is at war and the Attorney 
                General decides that it is impracticable, inadvisable, 
                inconvenient, or impossible to remove an alien under 
                this subsection because of the war, the Attorney 
                General may remove the alien--
                          ``(i) to the country that is host to a 
                        government in exile of the country of which the 
                        alien is a citizen or subject if the government 
                        of the host country will permit the alien's 
                        entry; or
                          ``(ii) if the recognized government of the 
                        country of which the alien is a citizen or 
                        subject is not in exile, to a country, or a 
                        political or territorial subdivision of a 
                        country, that is very near the country of which 
                        the alien is a citizen or subject, or, with the 
                        consent of the government of the country of 
                        which the alien is a citizen or subject, to 
                        another country.
  ``(c) Removal of Aliens Arriving at Port of Entry.--
          ``(1) Vessels and aircraft.--An alien arriving at a port of 
        entry of the United States who is ordered removed either 
        without a hearing under section 235(a)(1) or 235(c) or pursuant 
        to proceedings under section 240 initiated at the time of such 
        alien's arrival shall be removed immediately on a vessel or 
        aircraft owned by the owner of the vessel or aircraft on which 
        the alien arrived in the United States, unless--
                  ``(A) it is impracticable to remove the alien on one 
                of those vessels or aircraft within a reasonable time, 
                or
                  ``(B) the alien is a stowaway--
                          ``(i) who has been ordered removed in 
                        accordance with section 235(a)(1),
                          ``(ii) who has requested asylum, and
                          ``(iii) whose application has not been 
                        adjudicated or whose asylum application has 
                        been denied but who has not exhausted all 
                        appeal rights.
          ``(2) Stay of removal.--
                  ``(A) In general.--The Attorney General may stay the 
                removal of an alien under this subsection if the 
                Attorney General decides that--
                          ``(i) immediate removal is not practicable or 
                        proper; or
                          ``(ii) the alien is needed to testify in the 
                        prosecution of a person for a violation of a 
                        law of the United States or of any State.
                  ``(B) Payment of detention costs.--During the period 
                an alien is detained because of a stay of removal under 
                subparagraph (A)(ii), the Attorney General may pay from 
                the appropriation `Immigration and Naturalization 
                Service--Salaries and Expenses'--
                          ``(i) the cost of maintenance of the alien; 
                        and
                          ``(ii) a witness fee of $1 a day.
                  ``(C) Release during stay.--The Attorney General may 
                release an alien whose removal is stayed under 
                subparagraph (A)(ii) on--
                          ``(i) the alien's filing a bond of at least 
                        $500 with security approved by the Attorney 
                        General;
                          ``(ii) condition that the alien appear when 
                        required as a witness and for removal; and
                          ``(iii) other conditions the Attorney General 
                        may prescribe.
          ``(3) Costs of detention and maintenance pending removal.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B) and subsection (d), an owner of a vessel or 
                aircraft bringing an alien to the United States shall 
                pay the costs of detaining and maintaining the alien--
                          ``(i) while the alien is detained under 
                        subsection (d)(1), and
                          ``(ii) in the case of an alien who is a 
                        stowaway, while the alien is being detained 
                        pursuant to--
                                  ``(I) subsection (d)(2)(A) or 
                                (d)(2)(B)(i),
                                  ``(II) subsection (d)(2)(B)(ii) or 
                                (iii) for the period of time reasonably 
                                necessary for the owner to arrange for 
                                repatriation or removal of the 
                                stowaway, including obtaining necessary 
                                travel documents, but not to extend 
                                beyond the date on which it is 
                                ascertained that such travel documents 
                                cannot be obtained from the country to 
                                which the stowaway is to be returned, 
                                or
                                  ``(III) section 235(b)(1)(B)(ii), for 
                                a period not to exceed 15 days 
                                (excluding Saturdays, Sundays, and 
                                holidays) commencing on the first such 
                                day which begins on the earlier of 72 
                                hours after the time of the initial 
                                presentation of the stowaway for 
                                inspection or at the time the stowaway 
                                is determined to have a credible fear 
                                of persecution.
                  ``(B) Nonapplication.--Subparagraph (A) shall not 
                apply if--
                          ``(i) the alien is a crewmember;
                          ``(ii) the alien has an immigrant visa;
                          ``(iii) the alien has a nonimmigrant visa or 
                        other documentation authorizing the alien to 
                        apply for temporary admission to the United 
                        States and applies for admission not later than 
                        120 days after the date the visa or 
                        documentation was issued;
                          ``(iv) the alien has a reentry permit and 
                        applies for admission not later than 120 days 
                        after the date of the alien's last inspection 
                        and admission;
                          ``(v)(I) the alien has a nonimmigrant visa or 
                        other documentation authorizing the alien to 
                        apply for temporary admission to the United 
                        States or a reentry permit;
                          ``(II) the alien applies for admission more 
                        than 120 days after the date the visa or 
                        documentation was issued or after the date of 
                        the last inspection and admission under the 
                        reentry permit; and
                          ``(III) the owner of the vessel or aircraft 
                        satisfies the Attorney General that the 
                        existence of the condition relating to 
                        inadmissibility could not have been discovered 
                        by exercising reasonable care before the alien 
                        boarded the vessel or aircraft; or
                          ``(vi) the individual claims to be a national 
                        of the United States and has a United States 
                        passport.
   ``(d) Requirements of Persons Providing Transportation.--
          ``(1) Removal at time of arrival.--An owner, agent, master, 
        commanding officer, person in charge, purser, or consignee of a 
        vessel or aircraft bringing an alien (except an alien 
        crewmember) to the United States shall--
                  ``(A) receive an alien back on the vessel or aircraft 
                or another vessel or aircraft owned or operated by the 
                same interests if the alien is ordered removed under 
                this part; and
                  ``(B) take the alien to the foreign country to which 
                the alien is ordered removed.
          ``(2) Alien stowaways.--An owner, agent, master, commanding 
        officer, charterer, or consignee of a vessel or aircraft 
        arriving in the United States with an alien stowaway--
                  ``(A) shall detain the alien on board the vessel or 
                aircraft, or at such place as the Attorney General 
                shall designate, until completion of the inspection of 
                the alien by an immigration officer;
                  ``(B) may not permit the stowaway to land in the 
                United States, except pursuant to regulations of the 
                Attorney General temporarily--
                          ``(i) for medical treatment,
                          ``(ii) for detention of the stowaway by the 
                        Attorney General, or
                          ``(iii) for departure or removal of the 
                        stowaway; and
                  ``(C) if ordered by an immigration officer, shall 
                remove the stowaway on the vessel or aircraft or on 
                another vessel or aircraft.
        The Attorney General shall grant a timely request to remove the 
        stowaway under subparagraph (C) on a vessel or aircraft other 
        than that on which the stowaway arrived if any travel documents 
        necessary for departure or repatriation of the stowaway have 
        been obtained and removal of the stowaway will not be 
        unreasonably delayed.
          ``(3) Removal upon order.--An owner, agent, master, 
        commanding officer, person in charge, purser, or consignee of a 
        vessel, aircraft, or other transportation line shall comply 
        with an order of the Attorney General to take on board, guard 
        safely, and transport to the destination specified any alien 
        ordered to be removed under this Act.
  ``(e) Payment of Expenses of Removal.--
          ``(1) Costs of removal at time of arrival.--In the case of an 
        alien who is a stowaway or who is ordered removed either 
        without a hearing under section 235(a)(1) or 235(c) or pursuant 
        to proceedings under section 240 initiated at the time of such 
        alien's arrival, the owner of the vessel or aircraft (if any) 
        on which the alien arrived in the United States shall pay the 
        transportation cost of removing the alien. If removal is on a 
        vessel or aircraft not owned by the owner of the vessel or 
        aircraft on which the alien arrived in the United States, the 
        Attorney General may--
                  ``(A) pay the cost from the appropriation 
                `Immigration and Naturalization Service--Salaries and 
                Expenses'; and
                  ``(B) recover the amount of the cost in a civil 
                action from the owner, agent, or consignee of the 
                vessel or aircraft (if any) on which the alien arrived 
                in the United States.
          ``(2) Costs of removal to port of removal for aliens admitted 
        or permitted to land.--In the case of an alien who has been 
        admitted or permitted to land and is ordered removed, the cost 
        (if any) of removal of the alien to the port of removal shall 
        be at the expense of the appropriation for the enforcement of 
        this Act.
          ``(3) Costs of removal from port of removal for aliens 
        admitted or permitted to land.--
                  ``(A) Through appropriation.--Except as provided in 
                subparagraph (B), in the case of an alien who has been 
                admitted or permitted to land and is ordered removed, 
                the cost (if any) of removal of the alien from the port 
                of removal shall be at the expense of the appropriation 
                for the enforcement of this Act.
                  ``(B) Through owner.--
                          ``(i) In general.--In the case of an alien 
                        described in clause (ii), the cost of removal 
                        of the alien from the port of removal may be 
                        charged to any owner of the vessel, aircraft, 
                        or other transportation line by which the alien 
                        came to the United States.
                          ``(ii) Aliens described.--An alien described 
                        in this clause is an alien who--
                                  ``(I) is admitted to the United 
                                States (other than lawfully admitted 
                                for permanent residence) and is ordered 
                                removed within 5 years of the date of 
                                admission based on a ground that 
                                existed before or at the time of 
                                admission, or
                                  ``(II) is an alien crewman permitted 
                                to land temporarily under section 252 
                                and is ordered removed within 5 years 
                                of the date of landing.
                  ``(C) Costs of removal of certain aliens granted 
                voluntary departure.--In the case of an alien who has 
                been granted voluntary departure under section 240B and 
                who is financially unable to depart at the alien's own 
                expense and whose removal the Attorney General deems to 
                be in the best interest of the United States, the 
                expense of such removal may be paid from the 
                appropriation for the enforcement of this Act.
  ``(f) Aliens Requiring Personal Care During Removal.--
          ``(1) In general.--If the Attorney General believes that an 
        alien being removed requires personal care because of the 
        alien's mental or physical condition, the Attorney General may 
        employ a suitable person for that purpose who shall accompany 
        and care for the alien until the alien arrives at the final 
        destination.
          ``(2) Costs.--The costs of providing the service described in 
        paragraph (1) shall be defrayed in the same manner as the 
        expense of removing the accompanied alien is defrayed under 
        this section.
  ``(g) Places of Detention.--
          ``(1) In general.--The Attorney General shall arrange for 
        appropriate places of detention for aliens detained pending 
        removal or a decision on removal. When United States Government 
        facilities are unavailable or facilities adapted or suitably 
        located for detention are unavailable for rental, the Attorney 
        General may expend from the appropriation `Immigration and 
        Naturalization Service--Salaries and Expenses', without regard 
        to section 3709 of the Revised Statutes (41 U.S.C. 5), amounts 
        necessary to acquire land and to acquire, build, remodel, 
        repair, and operate facilities (including living quarters for 
        immigration officers if not otherwise available) necessary for 
        detention.
          ``(2) Detention facilities of the immigration and 
        naturalization service.--Prior to initiating any project for 
        the construction of any new detention facility for the Service, 
        the Commissioner shall consider the availability for purchase 
        or lease of any existing prison, jail, detention center, or 
        other comparable facility suitable for such use.
  ``(h) Statutory Construction.--Nothing in this section shall be 
construed to create any substantive or procedural right or benefit that 
is legally enforceable by any party against the United States or its 
agencies or officers or any other person.''.
  (b) Modification of Authority.--
          (1) Section 241(i), as redesignated by section 306(a)(1), is 
        amended--
                  (A) in paragraph (3)(A) by striking ``felony and 
                sentenced to a term of imprisonment'' and inserting 
                ``felony or two or more misdemeanors'', and
                  (B) by adding at the end the following new paragraph:
          ``(6) In this subsection, the term `incarceration' includes 
        imprisonment in a State or local prison or jail the time of 
        which is counted towards completion of a sentence or the 
        detention of an alien previously convicted of a felony or 
        misdemeanor who has been arrested and is being held pending 
        judicial action on new charges or pending transfer to Federal 
        custody.''.
          (2) The amendments made by paragraph (1) shall apply 
        beginning with fiscal year 1996.
  (c) Miscellaneous Conforming Amendment.--Section 212(a)(4) (8 U.S.C. 
1182(a)(4)), as amended by section 621(a), is amended by striking 
``241(a)(5)(B)'' each place it appears and inserting ``237(a)(5)(B)''.

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

  (a) In General.--Section 242 (8 U.S.C. 1252) is amended--
          (1) by redesignating subsection (j) as subsection (i) and by 
        moving such subsection and adding it at the end of section 241, 
        as inserted by section 305(a)(3); and
          (2) by amending the remainder of section 242 to read as 
        follows:
                 ``judicial review of orders of removal
  ``Sec. 242. (a) Applicable Provisions.--
          ``(1) General orders of removal.--Judicial review of a final 
        order of removal (other than an order of removal without a 
        hearing pursuant to section 235(b)(1)) is governed only by 
        chapter 158 of title 28 of the United States Code, except as 
        provided in subsection (b) and except that the court may not 
        order the taking of additional evidence under section 2347(c) 
        of such title.
          ``(2) Limitations on review relating to section 235(b)(1).--
        Notwithstanding any other provision of law, no court shall have 
        jurisdiction to review--
                  ``(A) except as provided in subsection (f), any 
                individual determination or to entertain any other 
                cause or claim arising from or relating to the 
                implementation or operation of an order of removal 
                pursuant to section 235(b)(1),
                  ``(B) a decision by the Attorney General to invoke 
                the provisions of such section,
                  ``(C) the application of such section to individual 
                aliens, including the determination made under section 
                235(b)(1)(B), or
                  ``(D) procedures and policies adopted by the Attorney 
                General to implement the provisions of section 
                235(b)(1).
          ``(3) Treatment of certain decisions.--No alien shall have a 
        right to appeal from a decision of an immigration judge which 
        is based solely on a certification described in section 
        240(c)(1)(B).
  ``(b) Requirements for Orders of Removal.--With respect to review of 
an order of removal under subsection (a)(1), the following requirements 
apply:
          ``(1) Deadline.--The petition for review must be filed not 
        later than 30 days after the date of the final order of 
        removal.
          ``(2) Venue and forms.--The petition for review shall be 
        filed with the court of appeals for the judicial circuit in 
        which the immigration judge completed the proceedings. The 
        record and briefs do not have to be printed. The court of 
        appeals shall review the proceeding on a typewritten record and 
        on typewritten briefs.
          ``(3) Service.--
                  ``(A) In general.--The respondent is the Attorney 
                General. The petition shall be served on the Attorney 
                General and on the officer or employee of the Service 
                in charge of the Service district in which the initial 
                proceedings under section 240 were conducted.
                  ``(B) Stay of order.--
                          ``(i) In general.--Except as provided in 
                        clause (ii), service of the petition on the 
                        officer or employee stays the removal of an 
                        alien pending the court's decision on the 
                        petition, unless the court orders otherwise.
                          ``(ii) Exception.--If the alien has been 
                        convicted of an aggravated felony, or the alien 
                        has been ordered removed pursuant to a finding 
                        that the alien is inadmissible under section 
                        212, service of the petition does not stay the 
                        removal unless the court orders otherwise.
          ``(4) Decision.--Except as provided in paragraph (5)(B)--
                  ``(A) the court of appeals shall decide the petition 
                only on the administrative record on which the order of 
                removal is based,
                  ``(B) the administrative findings of fact are 
                conclusive if supported by reasonable, substantial, and 
                probative evidence on the record considered as a whole, 
                and
                  ``(C) a decision that an alien is not eligible for 
                admission to the United States is conclusive unless 
                manifestly contrary to law.
          ``(5) Treatment of nationality claims.--
                  ``(A) Court determination if no issue of fact.--If 
                the petitioner claims to be a national of the United 
                States and the court of appeals finds from the 
                pleadings and affidavits that no genuine issue of 
                material fact about the petitioner's nationality is 
                presented, the court shall decide the nationality 
                claim.
                  ``(B) Transfer if issue of fact.--If the petitioner 
                claims to be a national of the United States and the 
                court of appeals finds that a genuine issue of material 
                fact about the petitioner's nationality is presented, 
                the court shall transfer the proceeding to the district 
                court of the United States for the judicial district in 
                which the petitioner resides for a new hearing on the 
                nationality claim and a decision on that claim as if an 
                action had been brought in the district court under 
                section 2201 of title 28, United States Code.
                  ``(C) Limitation on determination.--The petitioner 
                may have such nationality claim decided only as 
                provided in this paragraph.
          ``(6) Consolidation with review of motions to reopen or 
        reconsider.--When a petitioner seeks review of an order under 
        this section, any review sought of a motion to reopen or 
        reconsider the order shall be consolidated with the review of 
        the order.
          ``(7) Challenge to validity of orders in certain criminal 
        proceedings.--
                  ``(A) In general.--If the validity of an order of 
                removal has not been judicially decided, a defendant in 
                a criminal proceeding charged with violating section 
                243(a) may challenge the validity of the order in the 
                criminal proceeding only by filing a separate motion 
                before trial. The district court, without a jury, shall 
                decide the motion before trial.
                  ``(B) Claims of united states nationality.--If the 
                defendant claims in the motion to be a national of the 
                United States and the district court finds that--
                          ``(i) no genuine issue of material fact about 
                        the defendant's nationality is presented, the 
                        court shall decide the motion only on the 
                        administrative record on which the removal 
                        order is based and the administrative findings 
                        of fact are conclusive if supported by 
                        reasonable, substantial, and probative evidence 
                        on the record considered as a whole; or
                          ``(ii) a genuine issue of material fact about 
                        the defendant's nationality is presented, the 
                        court shall hold a new hearing on the 
                        nationality claim and decide that claim as if 
                        an action had been brought under section 2201 
                        of title 28, United States Code.
                The defendant may have such nationality claim decided 
                only as provided in this subparagraph.
                  ``(C) Consequence of invalidation.--If the district 
                court rules that the removal order is invalid, the 
                court shall dismiss the indictment for violation of 
                section 243(a). The United States Government may appeal 
                the dismissal to the court of appeals for the 
                appropriate circuit within 30 days after the date of 
                the dismissal.
                  ``(D) Limitation on filing petitions for review.--The 
                defendant in a criminal proceeding under section 243(a) 
                may not file a petition for review under subsection (a) 
                during the criminal proceeding.
          ``(8) Construction.--This subsection--
                  ``(A) does not prevent the Attorney General, after a 
                final order of removal has been issued, from detaining 
                the alien under section 241(a);
                  ``(B) does not relieve the alien from complying with 
                section 241(a)(4) and section 243(g); and
                  ``(C) except as provided in paragraph (3), does not 
                require the Attorney General to defer removal of the 
                alien.
  ``(c) Requirements for Petition.--A petition for review or for habeas 
corpus of an order of removal shall state whether a court has upheld 
the validity of the order, and, if so, shall state the name of the 
court, the date of the court's ruling, and the kind of proceeding.
  ``(d) Review of Final Orders.--A court may review a final order of 
removal only if--
          ``(1) the alien has exhausted all administrative remedies 
        available to the alien as of right, and
          ``(2) another court has not decided the validity of the 
        order, unless the reviewing court finds that the petition 
        presents grounds that could not have been presented in the 
        prior judicial proceeding or that the remedy provided by the 
        prior proceeding was inadequate or ineffective to test the 
        validity of the order.
  ``(e) Limited Review for Non-Permanent Residents Convicted of 
Aggravated Felonies.--
          ``(1) In general.--A petition for review filed by an alien 
        against whom a final order of removal has been issued under 
        section 238 may challenge only whether--
                  ``(A) the alien is the alien described in the order,
                  ``(B) the alien is an alien described in section 
                238(b)(2) and has been convicted after entry into the 
                United States of an aggravated felony, and
                  ``(C) proceedings against the alien complied with 
                section 238(b)(4).
          ``(2) Limited jurisdiction.--A court reviewing the petition 
        has jurisdiction only to review the issues described in 
        paragraph (1).
  ``(f) Judicial Review of Orders Under Section 235(b)(1).--
          ``(1) Application.--The provisions of this subsection apply 
        with respect to judicial review of orders of removal effected 
        under section 235(b)(1).
          ``(2) Limitations on relief.--Regardless of the nature of the 
        action or claim and regardless of the identity of the party or 
        parties bringing the action, no court shall have jurisdiction 
        or authority to enter declaratory, injunctive, or other 
        equitable relief not specifically authorized in this 
        subsection, or to certify a class under Rule 23 of the Federal 
        Rules of Civil Procedure.
          ``(3) Limitation to habeas corpus.--Judicial review of any 
        matter, cause, claim, or individual determination made or 
        arising under or pertaining to section 235(b)(1) shall only be 
        available in habeas corpus proceedings, and shall be limited to 
        determinations of--
                  ``(A) whether the petitioner is an alien,
                  ``(B) whether the petitioner was ordered removed 
                under such section, and
                  ``(C) whether the petitioner can prove by a 
                preponderance of the evidence that the petitioner is an 
                alien lawfully admitted for permanent residence and is 
                entitled to such further inquiry as prescribed by the 
                Attorney General pursuant to section 235(b)(1)(C).
          ``(4) Decision.--In any case where the court determines that 
        the petitioner--
                  ``(A) is an alien who was not ordered removed under 
                section 235(b)(1), or
                  ``(B) has demonstrated by a preponderance of the 
                evidence that the alien is a lawful permanent resident,
        the court may order no remedy or relief other than to require 
        that the petitioner be provided a hearing in accordance with 
        section 240. Any alien who is provided a hearing under section 
        240 pursuant to this paragraph may thereafter obtain judicial 
        review of any resulting final order of removal pursuant to 
        subsection (a)(1).
          ``(5) Scope of inquiry.--In determining whether an alien has 
        been ordered removed under section 235(b)(1), the court's 
        inquiry shall be limited to whether such an order in fact was 
        issued and whether it relates to the petitioner. There shall be 
        no review of whether the alien is actually inadmissible or 
        entitled to any relief from removal.
  ``(g) Limit on Injunctive Relief.--Regardless of the nature of the 
action or claim or of the identity of the party or parties bringing the 
action, no court (other than the Supreme Court) shall have jurisdiction 
or authority to enjoin or restrain the operation of the provisions of 
chapter 4 of title II, as amended by the Immigration in the National 
Interest Act of 1995, other than with respect to the application of 
such provisions to an individual alien against whom proceedings under 
such chapter have been initiated.''.
  (b) Repeal of Section 106.--Section 106 (8 U.S.C. 1105a) is repealed.

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

  (a) In General.--Section 243 (8 U.S.C. 1253) is amended to read as 
follows:
                     ``penalties related to removal
  ``Sec. 243. (a) Penalty for Failure to Depart.--
          ``(1) In general.--Any alien against whom a final order of 
        removal is outstanding by reason of being a member of any of 
        the classes described in section 237(a), who--
                  ``(A) willfully fails or refuses to depart from the 
                United States within a period of 90 days from the date 
                of the final order of removal under administrative 
                processes, or if judicial review is had, then from the 
                date of the final order of the court,
                  ``(B) willfully fails or refuses to make timely 
                application in good faith for travel or other documents 
                necessary to the alien's departure,
                  ``(C) connives or conspires, or takes any other 
                action, designed to prevent or hamper or with the 
                purpose of preventing or hampering the alien's 
                departure pursuant to such, or
                  ``(D) willfully fails or refuses to present himself 
                or herself for removal at the time and place required 
                by the Attorney General pursuant to such order,
        shall be fined under title 18, United States Code, or 
        imprisoned not more than four years (or 10 years if the alien 
        is a member of any of the classes described in paragraph 
        (1)(E), (2), (3), or (4) of section 237(a)), or both.
          ``(2) Exception.--It is not a violation of paragraph (1) to 
        take any proper steps for the purpose of securing cancellation 
        of or exemption from such order of removal or for the purpose 
        of securing the alien's release from incarceration or custody.
          ``(3) Suspension.--The court may for good cause suspend the 
        sentence of an alien under this subsection and order the 
        alien's release under such conditions as the court may 
        prescribe. In determining whether good cause has been shown to 
        justify releasing the alien, the court shall take into account 
        such factors as--
                  ``(A) the age, health, and period of detention of the 
                alien;
                  ``(B) the effect of the alien's release upon the 
                national security and public peace or safety;
                  ``(C) the likelihood of the alien's resuming or 
                following a course of conduct which made or would make 
                the alien deportable;
                  ``(D) the character of the efforts made by such alien 
                himself and by representatives of the country or 
                countries to which the alien's removal is directed to 
                expedite the alien's departure from the United States;
                  ``(E) the reason for the inability of the Government 
                of the United States to secure passports, other travel 
                documents, or removal facilities from the country or 
                countries to which the alien has been ordered removed; 
                and
                  ``(F) the eligibility of the alien for discretionary 
                relief under the immigration laws.
  ``(b) Willful Failure to Comply with Terms of Release Under 
Supervision.--An alien who shall willfully fail to comply with 
regulations or requirements issued pursuant to section 241(a)(3) or 
knowingly give false information in response to an inquiry under such 
section shall be fined not more than $1,000 or imprisoned for not more 
than one year, or both.
  ``(c) Penalties Relating to Vessels and Aircraft.--
          ``(1) Civil penalties.--
                  ``(A) Failure to carry out certain orders.--If the 
                Attorney General is satisfied that a person has 
                violated subsection (d) or (e) of section 241, the 
                person shall pay to the Commissioner the sum of $2,000 
                for each violation.
                  ``(B) Failure to remove alien stowaways.--If the 
                Attorney General is satisfied that a person has failed 
                to remove an alien stowaway as required under section 
                241(d)(2), the person shall pay to the Commissioner the 
                sum of $5,000 for each alien stowaway not removed.
                  ``(C) No compromise.--The Attorney General may not 
                compromise the amount of such penalty under this 
                paragraph.
          ``(2) Clearing vessels and aircraft.--
                  ``(A) Clearance before decision on liability.--A 
                vessel or aircraft may be granted clearance before a 
                decision on liability is made under paragraph (1) only 
                if a bond approved by the Attorney General or an amount 
                sufficient to pay the civil penalty is deposited with 
                the Commissioner.
                  ``(B) Prohibition on clearance while penalty 
                unpaid.--A vessel or aircraft may not be granted 
                clearance if a civil penalty imposed under paragraph 
                (1) is not paid.
  ``(d) Discontinuing Granting Visas to Nationals of Country Denying or 
Delaying Accepting Alien.--On being notified by the Attorney General 
that the government of a foreign country denies or unreasonably delays 
accepting an alien who is a citizen, subject, national, or resident of 
that country after the Attorney General asks whether the government 
will accept the alien under this section, the Secretary of State shall 
order consular officers in that foreign country to discontinue granting 
immigrant visas or nonimmigrant visas, or both, to citizens, subjects, 
nationals, and residents of that country until the Attorney General 
notifies the Secretary that the country has accepted the alien.''.

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

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

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

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

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

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

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

          (2) Redesignating section 232 as section 232(a).--Amend 
        section 232 (8 U.S.C. 1222)--
                  (A) by inserting ``(a) Detention of Aliens.--'' after 
                ``Sec. 232.'', and
                  (B) by amending the section heading to read as 
                follows:
      ``detention of aliens for physical and mental examination''.
          (3) Redesignating section 234 as section 232(b).--Amend 
        section 234 (8 U.S.C. 1224)--
                  (A) by striking the heading,
                  (B) by striking ``Sec. 234.'' and inserting the 
                following: ``(b) Physical and Mental Examination.--'', 
                and
                  (C) by moving such provision to the end of section 
                232.
          (4) Redesignating section 238 as section 233.--Redesignate 
        section 238 (8 U.S.C. 1228) as section 233 and move the section 
        to immediately follow section 232.
          (5) Redesignating section 242a as section 238.--Redesignate 
        section 242A as section 238, strike ``deportation'' in its 
        heading and insert ``removal'', and move the section to 
        immediately follow section 237 (as redesignated by section 
        305(a)(2)).
          (6) Striking section 242b.--Strike section 242B (8 U.S.C. 
        1252b).
          (7) Striking section 244 and redesignating section 244a as 
        section 244.--Strike section 244 and redesignate section 244A 
        as section 244.
          (8) Amending chapter heading.--Amend the heading for chapter 
        5 of title II to read as follows:

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

  (c) Additional Conforming Amendments.--
          (1) Expedited procedures for aggravated felons (former 
        section 242a).--Section 238 (which, previous to redesignation 
        under section 308(b)(5), was section 242A) is amended--
                  (A) in subsection (a)(1), by striking ``section 242'' 
                and inserting ``section 240'';
                  (B) in subsection (a)(2), by striking ``section 
                242(a)(2)'' and inserting ``section 236(c)''; and
                  (C) in subsection (b)(1), by striking ``section 
                241(a)(2)(A)(iii)'' and inserting ``section 
                237(a)(2)(A)(iii)''.
          (2) Treatment of certain helpless aliens.--
                  (A) Certification of helpless aliens.--Section 232, 
                as amended by section 308(b)(2), is further amended by 
                adding at the end the following new subsection:
  ``(c) Certification of Certain Helpless Aliens.--If an examining 
medical officer determines that an alien arriving in the United States 
is inadmissible, is helpless from sickness, mental or physical 
disability, or infancy, and is accompanied by another alien whose 
protection or guardianship may be required, the officer may certify 
such fact for purposes of applying section 212(a)(10)(B) with respect 
to the other alien.''.
                  (B) Ground of inadmissibility for protection and 
                guardianship of aliens denied admission for health or 
                infancy.--Subparagraph (B) of section 212(a)(10) (8 
                U.S.C. 1182(a)(10)), as redesignated by section 
                301(a)(1), is amended to read as follows:
                  ``(B) Guardian required to accompany helpless 
                alien.--Any alien--
                          ``(i) who is accompanying another alien who 
                        is inadmissible and who is certified to be 
                        helpless from sickness, mental or physical 
                        disability, or infancy pursuant to section 
                        232(c), and
                          ``(ii) whose protection or guardianship is 
                        determined to be required by the alien 
                        described in clause (i),
                is inadmissible.''.
          (3) Contingent consideration in relation to removal of 
        aliens.--Section 273(a) (8 U.S.C. 1323(a)) is amended--
                  (A) by inserting ``(1)'' after ``(a)'', and
                  (B) by adding at the end the following new paragraph:
  ``(2) It is unlawful for an owner, agent, master, commanding officer, 
person in charge, purser, or consignee of a vessel or aircraft who is 
bringing an alien (except an alien crewmember) to the United States to 
take any consideration to be kept or returned contingent on whether an 
alien is admitted to, or ordered removed from, the United States.''.
          (4) Clarification.--(A) Section 238(a)(1), which, previous to 
        redesignation under section 308(b)(5), was section 242A(a)(1), 
        is amended by adding at the end the following: ``Nothing in 
        this section shall be construed to create any substantive or 
        procedural right or benefit that is legally enforceable by any 
        party against the United States or its agencies or officers or 
        any other person.''.
          (B) Section 225 of the Immigration and Nationality Technical 
        Corrections Act of 1994 (Public Law 103-416), as amended by 
        section 851(b)(15), is amended by striking ``and nothing in'' 
        and all that follows up to ``shall''.
  (d) Additional Conforming Amendments Relating to Exclusion and 
Inadmissibility.--
          (1) Section 212.--Section 212 (8 U.S.C. 1182(a)) is amended--
                  (A) in the heading, by striking ``excluded from'' and 
                inserting ``ineligible for'';
                  (B) in the matter in subsection (a) before paragraph 
                (1), by striking all that follows ``(a)'' and inserting 
                the following: ``Classes of Aliens Ineligible for Visas 
                or Admission.--Except as otherwise provided in this 
                Act, aliens who are inadmissible under the following 
                paragraphs are ineligible to receive visas and 
                ineligible to be admitted to the United States:'';
                  (C) in subsection (a), by striking ``is excludable'' 
                and inserting ``is inadmissible'' each place it 
                appears;
                  (D) in subsections (a)(5)(C), (d)(1), (k), by 
                striking ``exclusion'' and inserting 
                ``inadmissibility'';
                  (E) in subsections (b), (d)(3), (h)(1)(A)(i), and 
                (k), by striking ``excludable'' each place it appears 
                and inserting ``inadmissible'';
                  (F) in subsection (b)(2), by striking ``or ineligible 
                for entry'';
                  (G) in subsection (d)(7), by striking ``excluded 
                from'' and inserting ``denied''; and
                  (H) in subsection (h)(1)(B), by striking 
                ``exclusion'' and inserting ``denial of admission''.
          (2) Section 241.--Section 241 (8 U.S.C. 1251), before 
        redesignation as section 237 by section 305(a)(2), is amended--
                  (A) in subsection (a)(1)(H), by striking 
                ``excludable'' and inserting ``inadmissible'';
                  (B) in subsection (a)(4)(C)(ii), by striking 
                ``excludability'' and inserting ``inadmissibility''; 
                and
                  (C) in subsection (c), by striking ``exclusion'' and 
                inserting ``inadmissibility''.
          (3) Other general references.--The following provisions are 
        amended by striking ``excludability'' and ``excludable'' each 
        place each appears and inserting ``inadmissibility'' and 
        ``inadmissible'', respectively:
                  (A) Sections 101(f)(3), 213, 234 (before 
                redesignation by section 308(b)), 241(a)(1) (before 
                redesignation by section 305(a)(2)), 272(a), 277, 
                286(h)(2)(A)(v), and 286(h)(2)(A)(vi).
                  (B) Section 601(c) of the Immigration Act of 1990.
                  (C) Section 128 of the Foreign Relations 
                Authorization Act, Fiscal Years 1992 and 1993 (Public 
                Law 102-138).
                  (D) Section 1073 of the National Defense 
                Authorization Act for Fiscal Year 1995 (Public Law 103-
                337).
                  (E) Section 221 of the Immigration and Nationality 
                Technical Corrections Act of 1994 (Public Law 103-416).
          (4) Related terms.--
                  (A) Section 101(a)(17) (8 U.S.C. 1101(a)(17)) is 
                amended by striking ``or expulsion'' and inserting 
                ``expulsion, or removal''.
                  (B) Section 102 (8 U.S.C. 1102) is amended by 
                striking ``exclusion or deportation'' and inserting 
                ``removal''.
                  (C) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is 
                amended by striking ``been excluded or deported'' and 
                inserting ``not been admitted or have been removed''.
                  (D) Section 206 (8 U.S.C. 1156) is amended by 
                striking ``excluded from admission to the United States 
                and deported'' and inserting ``denied admission to the 
                United States and removed''.
                  (E) Section 216(f) (8 U.S.C. 1186a) is amended by 
                striking ``exclusion'' and inserting 
                ``inadmissibility''.
                  (F) Section 217 (8 U.S.C. 1187) is amended by 
                striking ``excluded from admission'' and inserting 
                ``denied admission at the time of arrival'' each place 
                it appears.
                  (G) Section 221(f) (8 U.S.C. 1201) is amended by 
                striking ``exclude'' and inserting ``deny admission 
                to''.
                  (H) Section 232(a) (8 U.S.C. 1222(a)), as 
                redesignated by subsection (b)(2), is amended by 
                striking ``excluded by'' and ``the excluded classes'' 
                and inserting ``inadmissible under'' and ``inadmissible 
                classes'', respectively.
                  (I)(i) Section 272 (8 U.S.C. 1322) is amended--
                          (I) by striking ``exclusion'' in the heading 
                        and inserting ``denial of admission'',
                          (II) in subsection (a), by striking 
                        ``excluding condition'' and inserting 
                        ``condition causing inadmissibility'', and
                          (III) in subsection (c), by striking 
                        ``excluding''.
                  (ii) The item in the table of contents relating to 
                such section is amended by striking ``exclusion'' and 
                inserting ``denial of admission''.
                  (J) Section 276(a) (8 U.S.C. 1326) is amended--
                          (i) in paragraph (1), by striking ``deported 
                        or excluded and deported'' and inserting 
                        ``denied admission or removed'', and
                          (ii) in paragraph (2)(B), by striking 
                        ``excluded and deported'' and inserting 
                        ``denied admission and removed''.
                  (K) Section 286(h)(2)(A)(vi) (8 U.S.C. 
                1356(h)(2)(A)(vi)) is amended by striking ``exclusion'' 
                each place it appears and inserting ``removal''.
                  (L) Section 287 (8 U.S.C. 1357) is amended--
                          (i) in subsection (a), by striking ``or 
                        expulsion'' each place it appears and inserting 
                        ``expulsion, or removal'', and
                          (ii) in subsection (c), by striking 
                        ``exclusion from'' and inserting ``denial of 
                        admission to''.
                  (M) Section 290(a) (8 U.S.C. 1360(a)) is amended by 
                striking ``admitted to the United States, or excluded 
                therefrom'' each place it appears and inserting 
                ``admitted or denied admission to the United States''.
                  (N) Section 291 (8 U.S.C. 1361) is amended by 
                striking ``subject to exclusion'' and inserting 
                ``inadmissible'' each place it appears.
                  (O) Section 292 (8 U.S.C. 1362) is amended by 
                striking ``exclusion or deportation'' each place it 
                appears and inserting ``removal''.
                  (P) Section 360 (8 U.S.C. 1503) is amended--
                          (i) in subsection (a), by striking 
                        ``exclusion'' each place it appears and 
                        inserting ``removal'', and
                          (ii) in subsection (c), by striking 
                        ``excluded from'' and inserting ``denied''.
                  (Q) Section 301(a)(1) of the Immigration Act of 1990 
                is amended by striking ``exclusion'' and inserting 
                ``inadmissibility''.
                  (R) Section 401(c) of the Refugee Act of 1980 is 
                amended by striking ``deportation or exclusion'' and 
                inserting ``removal''.
                  (S) Section 501(e)(2) of the Refugee Education 
                Assistance Act of 1980 (Public Law 96-422) is amended--
                          (i) by striking ``exclusion or deportation'' 
                        each place it appears and inserting 
                        ``removal'', and
                          (ii) by striking ``deportation or exclusion'' 
                        each place it appears and inserting 
                        ``removal''.
                  (T) Section 4113(c) of title 18, United States Code, 
                is amended by striking ``exclusion and deportation'' 
                and inserting ``removal''.
  (e) Revision of Terminology Relating to Deportation.--
          (1) Each of the following is amended by striking 
        ``deportation'' each place it appears and inserting 
        ``removal'':
                  (A) Subparagraphs (A)(iii)(II), (A)(iv)(II), and 
                (B)(iii)(II) of section 204(a)(1) (8 U.S.C. 
                1154(a)(1)).
                  (B) Section 212(d)(1) (8 U.S.C. 1182(d)(1)).
                  (C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)).
                  (D) Section 214(k)(4)(C) (8 U.S.C. 1184(k)(4)(C)), as 
                redesignated by section 851(a)(3)(A).
                  (E) Section 241(a)(1)(H) (8 U.S.C. 1251(a)(1)(H)), 
                before redesignation as section 237 by section 
                305(a)(2).
                  (F) Section 242A (8 U.S.C. 1252a), before 
                redesignation as section 238 by subsection (b)(5).
                  (G) Subsections (a)(3) and (b)(5)(B) of section 244A 
                (8 U.S.C. 1254a), before redesignation as section 244 
                by subsection (b)(7).
                  (H) Section 246(a) (8 U.S.C. 1256(a)).
                  (I) Section 254 (8 U.S.C. 1284).
                  (J) Section 263(a)(4) (8 U.S.C. 1303(a)(4)).
                  (K) Section 276(b) (8 U.S.C. 1326(b)).
                  (L) Section 286(h)(2)(A)(v) (8 U.S.C. 
                1356(h)(2)(A)(v)).
                  (M) Section 291 (8 U.S.C. 1361).
                  (N) Section 318 (8 U.S.C. 1429).
                  (O) Section 130005(a) of the Violent Crime Control 
                and Law Enforcement Act of 1994 (Public Law 103-322).
                  (P) Section 4113(b) of title 18, United States Code.
          (2) Each of the following is amended by striking ``deported'' 
        each place it appears and inserting ``removed'':
                  (A) Section 212(d)(7) (8 U.S.C. 1182(d)(7)).
                  (B) Section 214(d) (8 U.S.C. 1184(d)).
                  (C) Section 241(a) (8 U.S.C. 1251(a)), before 
                redesignation as section 237 by section 305(a)(2).
                  (D) Section 242A(c)(2)(D)(iv) (8 U.S.C. 
                1252a(c)(2)(D)(iv)), as amended by section 851(b)(14) 
                but before redesignation as section 238 by subsection 
                (b)(5).
                  (E) Section 252(b) (8 U.S.C. 1282(b)).
                  (F) Section 254 (8 U.S.C. 1284).
                  (G) Subsections (b) and (c) of section 266 (8 U.S.C. 
                1306).
                  (H) Section 301(a)(1) of the Immigration Act of 1990.
                  (I) Section 4113 of title 18, United States Code.
          (3) Section 101(g) (8 U.S.C. 1101(g)) is amended by inserting 
        ``or removed'' after ``deported'' each place it appears.
          (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by 
        striking ``suspension of deportation'' and inserting 
        ``cancellation of removal''.
          (5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) is amended 
        by striking ``deportation is suspended'' and inserting 
        ``removal is canceled''.
          (6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B)) is amended 
        by striking ``deportation against'' and inserting ``removal 
        of''.
          (7) Subsections (b)(2), (c)(2)(B), (c)(3)(D), (c)(4)(A), and 
        (d)(2)(C) of section 216 (8 U.S.C. 1186a) are each amended by 
        striking ``deportation'', ``deportation'', ``deport'', and 
        ``deported'' each place each appears and inserting ``removal'', 
        ``removal'', ``remove'', and ``removed'', respectively.
          (8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and (d)(2)(C) 
        of section 216A (8 U.S.C. 1186b) are each amended by striking 
        ``deportation'', ``deportation'', ``deport'', and ``deported'' 
        and inserting ``removal'', ``removal'', ``remove'', and 
        ``removed'', respectively.
          (9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is amended by 
        striking ``deportation against'' and inserting ``removal of''.
          (10) Section 242A (8 U.S.C. 1252a), before redesignation as 
        section 238 by subsection (b)(6), is amended, in the headings 
        to various subdivisions, by striking ``Deportation'' and 
        ``deportation'' and inserting ``Removal'' and ``removal'', 
        respectively.
          (11) Section 244A(a)(1)(A) (8 U.S.C. 1254a(a)(1)(A)), before 
        redesignation as section 244 by subsection (b)(8), is amended--
                  (A) in subsection (a)(1)(A), by striking ``deport'' 
                and inserting ``remove'', and
                  (B) in subsection (e), by striking ``Suspension of 
                Deportation'' and inserting ``Cancellation of 
                Removal''.
          (12) Section 254 (8 U.S.C. 1284) is amended by striking 
        ``deport'' each place it appears and inserting ``remove''.
          (13) Section 273(d) (8 U.S.C. 1323(d)) is repealed.
          (14)(A) Section 276 (8 U.S.C. 1326) is amended by striking 
        ``deported'' and inserting ``removed''.
          (B) The item in the table of contents relating to such 
        section is amended by striking ``deported'' and inserting 
        ``removed''.
          (15) Section 318 (8 U.S.C. 1429) is amended by striking 
        ``suspending'' and inserting ``canceling''.
          (16) Section 301(a) of the Immigration Act of 1990 is amended 
        by striking ``Deportation'' and inserting ``Removal''.
          (17) The heading of section 130005 of the Violent Crime 
        Control and Law Enforcement Act of 1994 (Public Law 103-322) is 
        amended by striking ``deportation'' and inserting 
        ``removal''.
          (18) Section 9 of the Peace Corps Act (22 U.S.C. 2508) is 
        amended by striking ``deported'' and all that follows through 
        ``Deportation'' and inserting ``removed pursuant to chapter 4 
        of title II of the Immigration and Nationality Act''.
          (19) Section 8(c) of the Foreign Agents Registration Act (22 
        U.S.C. 618(c)) is amended by striking ``deportation'' and all 
        that follows and inserting ``removal pursuant to chapter 4 of 
        title II of the Immigration and Nationality Act.''.
  (f) Revision of References to Entry.--
          (1) The following provisions are amended by striking 
        ``entry'' and inserting ``admission'' each place it appears:
                  (A) Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)).
                  (B) Section 101(a)(30) (8 U.S.C. 1101(a)(30)).
                  (C) Section 212(a)(2)(D) (8 U.S.C. 1182(a)(2)(D)).
                  (D) Section 212(a)(6)(C)(i) (8 U.S.C. 
                1182(a)(6)(C)(i)).
                  (E) Section 212(h)(1)(A)(i) (8 U.S.C. 
                1182(h)(1)(A)(i)).
                  (F) Section 212(j)(1)(D) (8 U.S.C. 1182(j)(1)(D)).
                  (G) Section 214(c)(2)(A) (8 U.S.C. 1184(c)(2)(A)).
                  (H) Section 214(d) (8 U.S.C. 1184(d)).
                  (I) Section 216(b)(1)(A)(i) (8 U.S.C. 
                1186a(b)(1)(A)(i)).
                  (J) Section 216(d)(1)(A)(i)(III) (8 U.S.C. 
                1186a(d)(1)(A)(i)(III)).
                  (K) Subsection (b) of section 240 (8 U.S.C. 1230), 
                before redesignation as section 240C by section 
                304(a)(2).
                  (L) Subsection (a)(1)(G) of section 241 (8 U.S.C. 
                1251), before redesignation as section 237 by section 
                305(a)(2).
                  (M) Subsection (a)(1)(H) of section 241 (8 U.S.C. 
                1251), before redesignation as section 237 by section 
                305(a)(2), other than the last time it appears.
                  (N) Paragraphs (2) and (4) of subsection (a) of 
                section 241 (8 U.S.C. 1251), before redesignation as 
                section 237 by section 305(a)(2).
                  (O) Section 245(e)(3) (8 U.S.C. 1255(e)(3)).
                  (P) Section 247(a) (8 U.S.C. 1257(a)).
                  (Q) Section 601(c)(2) of the Immigration Act of 1990.
          (2) The following provisions are amended by striking 
        ``enter'' and inserting ``be admitted'':
                  (A) Section 204(e) (8 U.S.C. 1154(e)).
                  (B) Section 221(h) (8 U.S.C. 1201(h)).
                  (C) Section 245(e)(2) (8 U.S.C. 1255(e)(2)).
          (3) The following provisions are amended by striking 
        ``enters'' and inserting ``is admitted to'':
                  (A) Section 212(j)(1)(D)(ii) (8 U.S.C. 1154(e)).
                  (B) Section 214(c)(5)(B) (8 U.S.C. 1184(c)(5)(B)).
          (4) Subsection (a) of section 238 (8 U.S.C. 1228), before 
        redesignation as section 233 by section 308(b)(4), is amended 
        by striking ``entry and inspection'' and inserting ``inspection 
        and admission''.
          (5) Subsection (a)(1)(H)(ii) of section 241 (8 U.S.C. 1251), 
        before redesignation as section 237 by section 305(a)(2), is 
        amended by striking ``at entry''.
          (6) Section 7 of the Central Intelligence Agency Act of 1949 
        (50 U.S.C. 403h) is amended by striking ``that the entry'', 
        ``given entry into'', and ``entering'' and inserting ``that the 
        admission'', ``admitted to'', and ``admitted to''.
          (7) Section 4 of the Atomic Weapons and Special Nuclear 
        Materials Rewards Act (50 U.S.C. 47c) is amended by striking 
        ``entry'' and inserting ``admission''.
  (g) Conforming References to Reorganized Sections.--
          (1) References to sections 232, 234, 238, 239, 240, 241, 
        242a, and 244a.--Any reference in law in effect on the day 
        before the date of the enactment of this Act to section 232, 
        234, 238, 239, 240, 241, 242A, or 244A of the Immigration and 
        Nationality Act (or a subdivision of such section) is deemed, 
        as of the title III-A effective date, to refer to section 
        232(a), 232(b), 233, 234, 234A, 237, 238, or 244 of such Act 
        (or the corresponding subdivision of such section), as 
        redesignated by this subtitle. Any reference in law to section 
        241 (or a subdivision of such section) of the Immigration and 
        Nationality Act in an amendment made by a subsequent subtitle 
        of this title is deemed a reference (as of the title III-A 
        effective date) to section 237 (or the corresponding 
        subdivision of such section), as redesignated by this subtitle.
          (2) References to section 106.--
                  (A) Sections 242A(b)(3) and 242A(c)(3)(A)(ii) (8 
                U.S.C. 1252a(b)(3), 1252a(c)(3)(A)(ii)), as amended by 
                section 851(b)(14) but before redesignation as section 
                238 by subsection (b)(5), are each amended by striking 
                ``106'' and inserting ``242''.
                  (B) Sections 210(e)(3)(A) and 245A(f)(4)(A) (8 U.S.C. 
                1160(e)(3)(A), 1255a(f)(4)(A)) are amended by inserting 
                ``(as in effect before October 1, 1996)'' after 
                ``106''.
                  (C) Section 242A(c)(3)(A)(iii) (8 U.S.C. 
                1252a(c)(3)(A)(iii)), as amended by section 851(b)(14) 
                but before redesignation as section 238 by subsection 
                (b)(5), is amended by striking ``106(a)(1)'' and 
                inserting ``242(b)(1)''.
          (3) References to section 236.--
                  (A) Sections 205 and 209(a)(1) (8 U.S.C. 1155, 
                1159(a)(1)) are each amended by striking ``236'' and 
                inserting ``240''.
                  (B) Section 4113(c) of title 18, United States Code, 
                is amended by striking ``1226 of title 8, United States 
                Code'' and inserting ``240 of the Immigration and 
                Nationality Act''.
          (4) References to section 237.--
                  (A) Section 209(a)(1) (8 U.S.C. 1159(a)(1)) is 
                amended by striking ``237'' and inserting ``241''.
                  (B) Section 212(d)(7) (8 U.S.C. 1182(d)(7)) is 
                amended by striking ``237(a)'' and inserting 
                ``241(c)''.
                  (C) Section 280(a) (8 U.S.C. 1330(a)) is amended by 
                striking ``237, 239, 243'' and inserting ``234, 
                243(c)(2)''.
          (5) References to section 242.--
                  (A)(i) Sections 214(d), 252(b), and 287(f)(1) (8 
                U.S.C. 1184(d), 1282(b), 1357(f)(1)) are each amended 
                by striking ``242'' and inserting ``240''.
                  (ii) Subsection (c)(4) of section 242A (8 U.S.C. 
                1252a), as amended by section 851(b)(14) but before 
                redesignation as section 238 by subsection (b)(5), are 
                each amended by striking ``242'' and inserting ``240''.
                  (iii) Section 245A(a)(1)(B) (8 U.S.C. 1255a(a)(1)(B)) 
                is amended by inserting ``(as in effect before October 
                1, 1996)'' after ``242''.
                  (iv) Section 4113 of title 18, United States Code, is 
                amended--
                          (I) in subsection (a), by striking ``section 
                        1252(b) or section 1254(e) of title 8, United 
                        States Code,'' and inserting ``section 240B of 
                        the Immigration and Nationality Act''; and
                          (II) in subsection (b), by striking ``section 
                        1252 of title 8, United States Code,'' and 
                        inserting ``section 240 of the Immigration and 
                        Nationality Act''.
                  (B) Section 130002(a) of Public Law 103-322, as 
                amended by section 361(a), is amended by striking 
                ``242(a)(3)(A)'' and inserting ``236(d)''.
                  (C) Section 242A(b)(1) (8 U.S.C. 1252a(b)(1)), before 
                redesignation as section 238 by section 308(b)(5), is 
                amended by striking ``242(b)'' and inserting ``240''.
                  (D) Section 242A(c)(2)(D)(ii) (8 U.S.C. 
                1252a(c)(2)(D)(ii)), as amended by section 851(b)(14) 
                but before redesignation as section 238 by subsection 
                (b)(5), is amended by striking ``242(b)'' and inserting 
                ``240''.
                  (E) Section 1821(e) of title 28, United States Code, 
                is amended by striking ``242(b)'' and inserting 
                ``240''.
                  (F) Section 130007(a) of Public Law 103-322 is 
                amended by striking ``242(i)'' and inserting 
                ``239(d)''.
                  (G) Section 20301(c) of Public Law 103-322 is amended 
                by striking ``242(j)(5)'' and ``242(j)'' and inserting 
                ``241(h)(5)'' and ``241(h)'', respectively.
          (6) References to section 242b.--
                  (A) Section 303(d)(2) of the Immigration Act of 1990 
                is amended by striking ``242B'' and inserting 
                ``240(b)(5)''.
                  (B) Section 545(g)(1)(B) of the Immigration Act of 
                1990 is amended by striking ``242B(a)(4)'' and 
                inserting ``239(a)(4)''.
          (7) References to section 243.--
                  (A) Section 214(d) (8 U.S.C. 1184(d)) is amended by 
                striking ``243'' and inserting ``241''.
                  (B)(i) Section 315(c) of the Immigration Reform and 
                Control Act of 1986 is amended by striking ``243(g)'' 
                and ``1253(g)''and inserting ``243(d)'' and ``1253(d)'' 
                respectively.
                  (ii) Section 702(b) of the Departments of Commerce, 
                Justice, and State, the Judiciary, and Related Agencies 
                Appropriations Act, 1988 is amended by striking 
                ``243(g)'' and inserting ``243(d)''.
                  (iii) Section 903(b) of Public Law 100-204 is amended 
                by striking ``243(g)'' and inserting ``243(d)''.
                  (C)(i) Section 6(f)(2)(F) of the Food Stamp Act of 
                1977 (7 U.S.C. 2015(f)(2)(F)) is amended by striking 
                ``243(h)'' and inserting ``241(b)(3)''.
                  (ii) Section 214(a)(5) of the Housing and Community 
                Development Act of 1980 (42 U.S.C. 1436a(a)(5)) is 
                amended by striking ``243(h)'' and inserting 
                ``241(b)(3)''.
                  (D)(i) Subsection (c)(2)(B)(ii) of section 244A (8 
                U.S.C. 1254a), before redesignated as section 244 by 
                section 308(b)(7), is amended by striking ``243(h)(2)'' 
                and inserting ``208(b)(2)(A)''.
                  (ii) Section 301(e)(2) of the Immigration Act of 1990 
                is amended by striking ``243(h)(2)'' and inserting 
                ``208(b)(2)(A)''.
                  (E) Section 316(f) (8 U.S.C. 1427(f)) is amended by 
                striking ``subparagraphs (A) through (D) of paragraph 
                243(h)(2)'' and inserting ``clauses (i) through (v) of 
                section 208(b)(2)(A)''.
          (8) References to section 244.--
                  (A)(i) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) 
                and subsection (e) of section 244A (8 U.S.C. 1254a), 
                before redesignation as section 244 by section 
                308(b)(7), are each amended by striking ``244(a)'' and 
                inserting ``240A(a)''.
                  (ii) Section 304(c)(1)(B) of the Miscellaneous and 
                Technical Immigration and Naturalization Amendments of 
                1991 (Public Law 102-232) is amended by striking 
                ``244(a)'' and inserting ``240A(a)''.
                  (B) Section 304(c)(1)(B) of the Miscellaneous and 
                Technical Immigration and Naturalization Amendments of 
                1991 (Public Law 102-232) is amended by striking 
                ``244(b)(2)'' and inserting ``240A(b)(2)''.
                  (C) Section 364(a)(2) of this Act is amended by 
                striking ``244(a)(3)'' and inserting ``240A(a)(3)''.
          (9) References to chapter 5.--
                  (A) Sections 266(b), 266(c), and 291 (8 U.S.C. 
                1306(b), 1306(c), 1361) are each amended by striking 
                ``chapter 5'' and inserting ``chapter 4''.
                  (B) Section 6(b) of the Act of August 1, 1956 (50 
                U.S.C. 855(b)) is amended by striking ``chapter 5, 
                title II, of the Immigration and Nationality Act (66 
                Stat. 163)'' and inserting ``chapter 4 of title II of 
                the Immigration and Nationality Act''.
          (10) Miscellaneous cross-reference corrections for newly 
        added provisions.--
                  (A) Section 245(c)(6), as amended by section 332(d), 
                is amended by striking ``241(a)(4)(B)'' and inserting 
                ``237(a)(4)(B)''.
                  (B) Section 249(d), as amended by section 332(e), is 
                amended by striking ``241(a)(4)(B)'' and inserting 
                ``237(a)(4)(B)''.
                  (C) Section 276(b)(3), as inserted by section 321(b), 
                is amended by striking ``excluded'' and ``excludable'' 
                and inserting ``removed'' and ``inadmissible'', 
                respectively.
                  (D) Section 505(c)(7), as added by section 321(a)(1), 
                is amended by amending subparagraphs (B) through (D) to 
                read as follows:
                  ``(B) Withholding of removal under section 241(b)(3).
                  ``(C) Cancellation of removal under section 240A.
                  ``(D) Voluntary departure under section 240B.''.
                  (E) Section 506(b)(2)(B), as added by section 
                321(a)(1), is amended by striking ``deportation'' and 
                inserting ``removal''.
                  (F) Section 508(c)(2)(D), as added by section 
                321(a)(1), is amended by striking ``exclusion because 
                such alien is excludable'' and inserting ``removal 
                because such alien is inadmissible''.
                  (G) Section 130007(a) of the Violent Crime Control 
                and Law Enforcement Act of 1994 (Public Law 103-322), 
                as amended by section 851(a)(6), is amended by striking 
                ``242A(a)(3)'' and inserting ``238(a)(3)''.

SEC. 309. EFFECTIVE DATES; TRANSITION.

  (a) In General.--Except as provided in this section and section 
301(f), this subtitle and the amendments made by this subtitle shall 
take effect on the first day of the first month beginning more than 180 
days after the date of the enactment of this Act (in this title 
referred to as the ``title III-A effective date'').
  (b) Promulgation of Regulations.--The Attorney General shall first 
promulgate regulations to carry out this subtitle by not later than 30 
days before the title III-A effective date.
  (c) Transition For Aliens in Proceedings.--
          (1) General rule that new rules do not apply.--Subject to the 
        succeeding provisions of this subsection, in the case of an 
        alien who is in exclusion or deportation proceedings as of the 
        title III-A effective date--
                  (A) the amendments made by this subtitle shall not 
                apply, and
                  (B) the proceedings (including judicial review 
                thereof) shall continue to be conducted without regard 
                to such amendments.
          (2) Attorney general option to elect to apply new 
        procedures.--In a case described in paragraph (1) in which an 
        evidentiary hearing under section 236 or 242 and 242B of the 
        Immigration and Nationality Act has not commenced as of the 
        title III-A effective date, the Attorney General may elect to 
        proceed under chapter 4 of title II of such Act (as amended by 
        this subtitle). The Attorney General shall provide notice of 
        such election to the alien involved not later than 30 days 
        before the date any evidentiary hearing is commenced. If the 
        Attorney General makes such election, the notice of hearing 
        provided to the alien under section 235 or 242(a) of such Act 
        shall be valid as if provided under section 239 of such Act (as 
        amended by this subtitle) to confer jurisdiction on the 
        immigration judge.
          (3) Attorney general option to terminate and reinitiate 
        proceedings.--In the case described in paragraph (1), the 
        Attorney General may elect to terminate proceedings in which 
        there has not been a final administrative decision and to 
        reinitiate proceedings under chapter 4 of title II the 
        Immigration and Nationality Act (as amended by this subtitle). 
        Any determination in the terminated proceeding shall not be 
        binding in the reinitiated proceeding.
          (4) Transitional changes in judicial review.--In the case 
        described in paragraph (1) in which a final order of exclusion 
        or deportation is entered more than 30 days after the date of 
        the enactment of this Act, notwithstanding any provision of 
        section 106 of the Immigration and Nationality Act (as in 
        effect as of the date of the enactment of this Act) to the 
        contrary--
                  (A) in the case of judicial review of a final order 
                of exclusion, subsection (b) of such section shall not 
                apply and the action for judicial review shall be 
                governed by the provisions of subsections (a) and (c) 
                of such in the same manner as they apply to judicial 
                review of orders of deportation;
                  (B) a court may not order the taking of additional 
                evidence under section 2347(c) of title 28, United 
                States Code;
                  (C) the petition for judicial review must be filed 
                not later than 30 days after the date of the final 
                order of exclusion or deportation; and
                  (D) the petition for review shall be filed with the 
                court of appeals for the judicial circuit in which the 
                administrative proceedings before the special inquiry 
                officer or immigration judge were completed.
          (5) Transitional rule with regard to suspension of 
        deportation.--Paragraphs (1) and (2) of section 240A(d) of the 
        Immigration and Nationality Act (relating to continuous 
        residence or physical presence) shall apply to notices to 
        appear issued after the date of the enactment of this Act.
          (6) Transition for certain family unity aliens.--The Attorney 
        General may waive the application of section 212(a)(9) of the 
        Immigration and Nationality Act, as inserted by section 
        301(b)(1), in the case of an alien who is provided benefits 
        under the provisions of section 301 of the Immigration Act of 
        1990 (relating to family unity).
  (d) Transitional References.--For purposes of carrying out the 
Immigration and Nationality Act, as amended by this subtitle--
          (1) any reference in section 212(a)(1)(A) of such Act to the 
        term ``inadmissible'' is deemed to include a reference to the 
        term ``excludable'', and
          (2) any reference in law to an order of removal shall be 
        deemed to include a reference to an order of exclusion and 
        deportation or an order of deportation.
  (e) Transition.--No period of time before the date of the enactment 
of this Act shall be included in the period of 1 year described in 
section 212(a)(6)(B)(i) of the Immigration and Nationality Act (as 
amended by section 301(c)).

                Subtitle B--Removal of Alien Terrorists

            PART 1--REMOVAL PROCEDURES FOR ALIEN TERRORISTS

SEC. 321. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

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

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

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

        and
          (2) by adding at the end the following new title:

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

                             ``definitions
  ``Sec. 501. In this title:
          ``(1) The term `alien terrorist' means an alien described in 
        section 241(a)(4)(B).
          ``(2) The term `classified information' has the meaning given 
        such term in section 1(a) of the Classified Information 
        Procedures Act (18 U.S.C. App.).
          ``(3) The term `national security' has the meaning given such 
        term in section 1(b) of the Classified Information Procedures 
        Act (18 U.S.C. App.).
          ``(4) The term `special attorney' means an attorney who is on 
        the panel established under section 502(e).
          ``(5) The term `special removal court' means the court 
        established under section 502(a).
          ``(6) The term `special removal hearing' means a hearing 
        under section 505.
          ``(7) The term `special removal proceeding' means a 
        proceeding under this title.
``establishment of special removal court; panel of attorneys to assist 
                      with classified information
  ``Sec. 502. (a) In General.--The Chief Justice of the United States 
shall publicly designate 5 district court judges from 5 of the United 
States judicial circuits who shall constitute a court which shall have 
jurisdiction to conduct all special removal proceedings.
  ``(b) Terms.--Each judge designated under subsection (a) shall serve 
for a term of 5 years and shall be eligible for redesignation, except 
that the four associate judges first so designated shall be designated 
for terms of one, two, three, and four years so that the term of one 
judge shall expire each year.
  ``(c) Chief Judge.--The Chief Justice shall publicly designate one of 
the judges of the special removal court to be the chief judge of the 
court. The chief judge shall promulgate rules to facilitate the 
functioning of the court and shall be responsible for assigning the 
consideration of cases to the various judges.
  ``(d) Expeditious and Confidential Nature of Proceedings.--The 
provisions of section 103(c) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803(c)) shall apply to proceedings under this 
title in the same manner as they apply to proceedings under such Act.
  ``(e) Establishment of Panel of Special Attorneys.--The special 
removal court shall provide for the designation of a panel of attorneys 
each of whom--
          ``(1) has a security clearance which affords the attorney 
        access to classified information, and
          ``(2) has agreed to represent permanent resident aliens with 
        respect to classified information under section 506 in 
        accordance with (and subject to the penalties under) this 
        title.
       ``application for initiation of special removal proceeding
  ``Sec. 503. (a) In General.--Whenever the Attorney General has 
classified information that an alien is an alien terrorist, the 
Attorney General, in the Attorney General's discretion, may seek 
removal of the alien under this title through the filing of a written 
application described in subsection (b) with the special removal court 
seeking an order authorizing a special removal proceeding under this 
title. The application shall be submitted in camera and ex parte and 
shall be filed under seal with the court.
  ``(b) Contents of Application.--Each application for a special 
removal proceeding shall include all of the following:
          ``(1) The identity of the Department of Justice attorney 
        making the application.
          ``(2) The approval of the Attorney General or the Deputy 
        Attorney General for the filing of the application based upon a 
        finding by that individual that the application satisfies the 
        criteria and requirements of this title.
          ``(3) The identity of the alien for whom authorization for 
        the special removal proceedings is sought.
          ``(4) A statement of the facts and circumstances relied on by 
        the Department of Justice to establish that--
                  ``(A) the alien is an alien terrorist and is 
                physically present in the United States, and
                  ``(B) with respect to such alien, adherence to the 
                provisions of title II regarding the removal of aliens 
                would pose a risk to the national security of the 
                United States.
          ``(5) An oath or affirmation respecting each of the facts and 
        statements described in the previous paragraphs.
  ``(c) Right to Dismiss.--The Department of Justice retains the right 
to dismiss a removal action under this title at any stage of the 
proceeding.
                     ``consideration of application
  ``Sec. 504. (a) In General.--In the case of an application under 
section 503 to the special removal court, a single judge of the court 
shall be assigned to consider the application. The judge, in accordance 
with the rules of the court, shall consider the application and may 
consider other information, including classified information, presented 
under oath or affirmation. The judge shall consider the application 
(and any hearing thereof) in camera and ex parte. A verbatim record 
shall be maintained of any such hearing.
  ``(b) Approval of Order.--The judge shall enter ex parte the order 
requested in the application if the judge finds, on the basis of such 
application and such other information (if any), that there is probable 
cause to believe that--
          ``(1) the alien who is the subject of the application has 
        been correctly identified and is an alien terrorist, and
          ``(2) adherence to the provisions of title II regarding the 
        removal of the identified alien would pose a risk to the 
        national security of the United States.
  ``(c) Denial of Order.--If the judge denies the order requested in 
the application, the judge shall prepare a written statement of the 
judge's reasons for the denial.
  ``(d) Exclusive Provisions.--Whenever an order is issued under this 
section with respect to an alien--
          ``(1) the alien's rights regarding removal and expulsion 
        shall be governed solely by the provisions of this title, and
          ``(2) except as they are specifically referenced, no other 
        provisions of this Act shall be applicable.
                       ``special removal hearings
  ``Sec. 505. (a) In General.--In any case in which the application for 
the order is approved under section 504, a special removal hearing 
shall be conducted under this section for the purpose of determining 
whether the alien to whom the order pertains should be removed from the 
United States on the grounds that the alien is an alien terrorist. 
Consistent with section 506, the alien shall be given reasonable notice 
of the nature of the charges against the alien and a general account of 
the basis for the charges. The alien shall be given notice, reasonable 
under all the circumstances, of the time and place at which the hearing 
will be held. The hearing shall be held as expeditiously as possible.
  ``(b) Use of Same Judge.--The special removal hearing shall be held 
before the same judge who granted the order pursuant to section 504 
unless that judge is deemed unavailable due to illness or disability by 
the chief judge of the special removal court, or has died, in which 
case the chief judge shall assign another judge to conduct the special 
removal hearing. A decision by the chief judge pursuant to the 
preceding sentence shall not be subject to review by either the alien 
or the Department of Justice.
  ``(c) Rights in Hearing.--
          ``(1) Public hearing.--The special removal hearing shall be 
        open to the public.
          ``(2) Right of counsel.--The alien shall have a right to be 
        present at such hearing and to be represented by counsel. Any 
        alien financially unable to obtain counsel shall be entitled to 
        have counsel assigned to represent the alien. Such counsel 
        shall be appointed by the judge pursuant to the plan for 
        furnishing representation for any person financially unable to 
        obtain adequate representation for the district in which the 
        hearing is conducted, as provided for in section 3006A of title 
        18, United States Code. All provisions of that section shall 
        apply and, for purposes of determining the maximum amount of 
        compensation, the matter shall be treated as if a felony was 
        charged.
          ``(3) Introduction of evidence.--The alien shall have a right 
        to introduce evidence on the alien's own behalf.
          ``(4) Examination of witnesses.--Except as provided in 
        section 506, the alien shall have a reasonable opportunity to 
        examine the evidence against the alien and to cross-examine any 
        witness.
          ``(5) Record.--A verbatim record of the proceedings and of 
        all testimony and evidence offered or produced at such a 
        hearing shall be kept.
          ``(6) Decision based on evidence at hearing.--The decision of 
        the judge in the hearing shall be based only on the evidence 
        introduced at the hearing, including evidence introduced under 
        subsection (e).
          ``(7) No right to ancillary relief.--In the hearing, the 
        judge is not authorized to consider or provide for relief from 
        removal based on any of the following:
                  ``(A) Asylum under section 208.
                  ``(B) Withholding of deportation under section 
                243(h).
                  ``(C) Suspension of deportation under section 244(a).
                  ``(D) Voluntary departure under section 244(e).
                  ``(E) Adjustment of status under section 245.
                  ``(F) Registry under section 249.
  ``(d) Subpoenas.--
          ``(1) Request.--At any time prior to the conclusion of the 
        special removal hearing, either the alien or the Department of 
        Justice may request the judge to issue a subpoena for the 
        presence of a named witness (which subpoena may also command 
        the person to whom it is directed to produce books, papers, 
        documents, or other objects designated therein) upon a 
        satisfactory showing that the presence of the witness is 
        necessary for the determination of any material matter. Such a 
        request may be made ex parte except that the judge shall inform 
        the Department of Justice of any request for a subpoena by the 
        alien for a witness or material if compliance with such a 
        subpoena would reveal evidence or the source of evidence which 
        has been introduced, or which the Department of Justice has 
        received permission to introduce, in camera and ex parte 
        pursuant to subsection (e) and section 506, and the Department 
        of Justice shall be given a reasonable opportunity to oppose 
        the issuance of such a subpoena.
          ``(2) Payment for attendance.--If an application for a 
        subpoena by the alien also makes a showing that the alien is 
        financially unable to pay for the attendance of a witness so 
        requested, the court may order the costs incurred by the 
        process and the fees of the witness so subpoenaed to be paid 
        from funds appropriated for the enforcement of title II.
          ``(3) Nationwide service.--A subpoena under this subsection 
        may be served anywhere in the United States.
          ``(4) Witness fees.--A witness subpoenaed under this 
        subsection shall receive the same fees and expenses as a 
        witness subpoenaed in connection with a civil proceeding in a 
        court of the United States.
          ``(5) No access to classified information.--Nothing in this 
        subsection is intended to allow an alien to have access to 
        classified information.
  ``(e) Introduction of Classified Information.--
          ``(1) In general.--When classified information has been 
        summarized pursuant to section 506(b) or where a finding has 
        been made under section 506(b)(5) that no summary is possible, 
        classified information shall be introduced (either in writing 
        or through testimony) in camera and ex parte and neither the 
        alien nor the public shall be informed of such evidence or its 
        sources other than through reference to the summary provided 
        pursuant to such section. Notwithstanding the previous 
        sentence, the Department of Justice may, in its discretion and, 
        in the case of classified information, after coordination with 
        the originating agency, elect to introduce such evidence in 
        open session.
          ``(2) Treatment of electronic surveillance information.--
                  ``(A) Use of electronic surveillance.--The Government 
                is authorized to use in a special removal proceedings 
                the fruits of electronic surveillance and unconsented 
                physical searches authorized under the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
                et seq.) without regard to subsections (c), (e), (f), 
                (g), and (h) of section 106 of that Act.
                  ``(B) No discovery of electronic surveillance 
                information.--An alien subject to removal under this 
                title shall have no right of discovery of information 
                derived from electronic surveillance authorized under 
                the Foreign Intelligence Surveillance Act of 1978 or 
                otherwise for national security purposes. Nor shall 
                such alien have the right to seek suppression of 
                evidence.
                  ``(C) Certain procedures not applicable.--The 
                provisions and requirements of section 3504 of title 
                18, United States Code, shall not apply to procedures 
                under this title.
          ``(3) Rights of united states.--Nothing in this section shall 
        prevent the United States from seeking protective orders and 
        from asserting privileges ordinarily available to the United 
        States to protect against the disclosure of classified 
        information, including the invocation of the military and state 
        secrets privileges.
  ``(f) Inclusion of Certain Evidence.--The Federal Rules of Evidence 
shall not apply to hearings under this section. Evidence introduced at 
the special removal hearing, either in open session or in camera and ex 
parte, may, in the discretion of the Department of Justice, include all 
or part of the information presented under section 504 used to obtain 
the order for the hearing under this section.
  ``(g) Arguments.--Following the receipt of evidence, the attorneys 
for the Department of Justice and for the alien shall be given fair 
opportunity to present argument as to whether the evidence is 
sufficient to justify the removal of the alien. The attorney for the 
Department of Justice shall open the argument. The attorney for the 
alien shall be permitted to reply. The attorney for the Department of 
Justice shall then be permitted to reply in rebuttal. The judge may 
allow any part of the argument that refers to evidence received in 
camera and ex parte to be heard in camera and ex parte.
  ``(h) Burden of Proof.--In the hearing the Department of Justice has 
the burden of showing by clear and convincing evidence that the alien 
is subject to removal because the alien is an alien terrorist. If the 
judge finds that the Department of Justice has met this burden, the 
judge shall order the alien removed and detained pending removal from 
the United States. If the alien was released pending the special 
removal hearing, the judge shall order the Attorney General to take the 
alien into custody.
  ``(i) Written Order.--At the time of rendering a decision as to 
whether the alien shall be removed, the judge shall prepare a written 
order containing a statement of facts found and conclusions of law. Any 
portion of the order that would reveal the substance or source of 
information received in camera and ex parte pursuant to subsection (e) 
shall not be made available to the alien or the public.
               ``consideration of classified information
  ``Sec. 506. (a) Consideration In Camera and Ex Parte.--In any case in 
which the application for the order authorizing the special procedures 
of this title is approved, the judge who granted the order shall 
consider each item of classified information the Department of Justice 
proposes to introduce in camera and ex parte at the special removal 
hearing and shall order the introduction of such information pursuant 
to section 505(e) if the judge determines the information to be 
relevant.
  ``(b) Preparation and Provision of Written Summary.--
          ``(1) Preparation.--The Department of Justice shall prepare a 
        written summary of such classified information which does not 
        pose a risk to national security.
          ``(2) Conditions for approval by judge and provision to 
        alien.--The judge shall approve the summary so long as the 
        judge finds that the summary is sufficient--
                  ``(A) to inform the alien of the general nature of 
                the evidence that the alien is an alien terrorist, and
                  ``(B) to permit the alien to prepare a defense 
                against deportation.
        The Department of Justice shall cause to be delivered to the 
        alien a copy of the summary.
          ``(3) Opportunity for correction and resubmittal.--If the 
        judge does not approve the summary, the judge shall provide the 
        Department a reasonable opportunity to correct the deficiencies 
        identified by the court and to submit a revised summary.
          ``(4) Conditions for termination of proceedings if summary 
        not approved.--
                  ``(A) In general.--If, subsequent to the opportunity 
                described in paragraph (3), the judge does not approve 
                the summary, the judge shall terminate the special 
                removal hearing unless the judge makes the findings 
                described in subparagraph (B).
                  ``(B) Findings.--The findings described in this 
                subparagraph are, with respect to an alien, that--
                          ``(i) the continued presence of the alien in 
                        the United States would likely cause serious 
                        and irreparable harm to the national security 
                        or death or serious bodily injury to any 
                        person, and
                          ``(ii) the provision of the required summary 
                        would likely cause serious and irreparable harm 
                        to the national security or death or serious 
                        bodily injury to any person.
          ``(5) Continuation of hearing without summary.--If a judge 
        makes the findings described in paragraph (4)(B)--
                  ``(A) if the alien involved is an alien lawfully 
                admitted for permanent residence, the procedures 
                described in subsection (c) shall apply; and
                  ``(B) in all cases the special removal hearing shall 
                continue, the Department of Justice shall cause to be 
                delivered to the alien a statement that no summary is 
                possible, and the classified information submitted in 
                camera and ex parte may be used pursuant to section 
                505(e).
  ``(c) Special Procedures for Access and Challenges to Classified 
Information by Special Attorneys in Case of Lawful Permanent Aliens.--
          ``(1) In general.--The procedures described in this 
        subsection are that the judge (under rules of the special 
        removal court) shall designate a special attorney to assist the 
        alien--
                  ``(A) by reviewing in camera the classified 
                information on behalf of the alien, and
                  ``(B) by challenging through an in camera proceeding 
                the veracity of the evidence contained in the 
                classified information.
          ``(2) Restrictions on disclosure.--A special attorney 
        receiving classified information under paragraph (1)--
                  ``(A) shall not disclose the information to the alien 
                or to any other attorney representing the alien, and
                  ``(B) who discloses such information in violation of 
                subparagraph (A) shall be subject to a fine under title 
                18, United States Code, imprisoned for not less than 10 
                years nor more than 25 years, or both.
                               ``appeals
  ``Sec. 507. (a) Appeals of Denials of Applications for Orders.--The 
Department of Justice may seek a review of the denial of an order 
sought in an application by the United States Court of Appeals for the 
District of Columbia Circuit by notice of appeal which must be filed 
within 20 days after the date of such denial. In such a case the entire 
record of the proceeding shall be transmitted to the Court of Appeals 
under seal and the Court of Appeals shall hear the matter ex parte. In 
such a case the Court of Appeals shall review questions of law de novo, 
but a prior finding on any question of fact shall not be set aside 
unless such finding was clearly erroneous.
  ``(b) Appeals of Determinations About Summaries of Classified 
Information.--Either party may take an interlocutory appeal to the 
United States Court of Appeals for the District of Columbia Circuit 
of--
          ``(1) any determination by the judge pursuant to section 
        506(a)--
                  ``(A) concerning whether an item of evidence may be 
                introduced in camera and ex parte, or
                  ``(B) concerning the contents of any summary of 
                evidence to be introduced in camera and ex parte 
                prepared pursuant to section 506(b); or
          ``(2) the refusal of the court to make the findings permitted 
        by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this subsection, the 
entire record, including any proposed order of the judge or summary of 
evidence, shall be transmitted to the Court of Appeals under seal and 
the matter shall be heard ex parte.
  ``(c) Appeals of Decision in Hearing.--
          ``(1) In general.--Subject to paragraph (2), the decision of 
        the judge after a special removal hearing may be appealed by 
        either the alien or the Department of Justice to the United 
        States Court of Appeals for the District of Columbia Circuit by 
        notice of appeal.
          ``(2) Automatic appeals in cases of permanent resident aliens 
        in which no summary provided.--
                  ``(A) In general.--Unless the alien waives the right 
                to a review under this paragraph, in any case involving 
                an alien lawfully admitted for permanent residence who 
                is denied a written summary of classified information 
                under section 506(b)(4) and with respect to which the 
                procedures described in section 506(c) apply, any order 
                issued by the judge shall be reviewed by the Court of 
                Appeals for the District of Columbia Circuit.
                  ``(B) Use of special attorney.--With respect to any 
                issue relating to classified information that arises in 
                such review, the alien shall be represented only by the 
                special attorney designated under section 506(c)(1) on 
                behalf of the alien.
  ``(d) General Provisions Relating to Appeals.--
          ``(1) Notice.--A notice of appeal pursuant to subsection (b) 
        or (c) (other than under subsection (c)(2)) must be filed 
        within 20 days after the date of the order with respect to 
        which the appeal is sought, during which time the order shall 
        not be executed.
          ``(2) Transmittal of record.--In an appeal or review to the 
        Court of Appeals pursuant to subsection (b) or (c)--
                  ``(A) the entire record shall be transmitted to the 
                Court of Appeals, and
                  ``(B) information received pursuant to section 
                505(e), and any portion of the judge's order that would 
                reveal the substance or source of such information, 
                shall be transmitted under seal.
          ``(3) Expedited appellate proceeding.--In an appeal or review 
        to the Court of Appeals pursuant to subsection (b) or (c):
                  ``(A) Review.--The appeal or review shall be heard as 
                expeditiously as practicable and the Court may dispense 
                with full briefing and hear the matter solely on the 
                record of the judge of the special removal court and on 
                such briefs or motions as the Court may require to be 
                filed by the parties.
                  ``(B) Disposition.--The Court shall uphold or reverse 
                the judge's order within 60 days after the date of the 
                issuance of the judge's final order.
          ``(4) Standard for review.--In an appeal or review to the 
        Court of Appeals pursuant to subsection (b) or (c):
                  ``(A) Questions of law.--The Court of Appeals shall 
                review all questions of law de novo.
                  ``(B) Questions of fact.--(i) Subject to clause (ii), 
                a prior finding on any question of fact shall not be 
                set aside unless such finding was clearly erroneous.
                  ``(ii) In the case of a review under subsection 
                (c)(2) in which an alien lawfully admitted for 
                permanent residence was denied a written summary of 
                classified information under section 506(b)(4), the 
                Court of Appeals shall review questions of fact de 
                novo.
  ``(e) Certiorari.--Following a decision by the Court of Appeals 
pursuant to subsection (b) or (c), either the alien or the Department 
of Justice may petition the Supreme Court for a writ of certiorari. In 
any such case, any information transmitted to the Court of Appeals 
under seal shall, if such information is also submitted to the Supreme 
Court, be transmitted under seal. Any order of removal shall not be 
stayed pending disposition of a writ of certiorari except as provided 
by the Court of Appeals or a Justice of the Supreme Court.
  ``(f) Appeals of Detention Orders.--
          ``(1) In general.--The provisions of sections 3145 through 
        3148 of title 18, United States Code, pertaining to review and 
        appeal of a release or detention order, penalties for failure 
        to appear, penalties for an offense committed while on release, 
        and sanctions for violation of a release condition shall apply 
        to an alien to whom section 508(b)(1) applies. In applying the 
        previous sentence--
                  ``(A) for purposes of section 3145 of such title an 
                appeal shall be taken to the United States Court of 
                Appeals for the District of Columbia Circuit, and
                  ``(B) for purposes of section 3146 of such title the 
                alien shall be considered released in connection with a 
                charge of an offense punishable by life imprisonment.
          ``(2) No review of continued detention.--The determinations 
        and actions of the Attorney General pursuant to section 
        508(c)(2)(C) shall not be subject to judicial review, including 
        application for a writ of habeas corpus, except for a claim by 
        the alien that continued detention violates the alien's rights 
        under the Constitution. Jurisdiction over any such challenge 
        shall lie exclusively in the United States Court of Appeals for 
        the District of Columbia Circuit.
                        ``detention and custody
  ``Sec. 508. (a) Initial Custody.--
          ``(1) Upon filing application.--Subject to paragraph (2), the 
        Attorney General may take into custody any alien with respect 
        to whom an application under section 503 has been filed and, 
        notwithstanding any other provision of law, may retain such an 
        alien in custody in accordance with the procedures authorized 
        by this title.
          ``(2) Special rules for permanent resident aliens.--An alien 
        lawfully admitted for permanent residence shall be entitled to 
        a release hearing before the judge assigned to hear the special 
        removal hearing. Such an alien shall be detained pending the 
        special removal hearing, unless the alien demonstrates to the 
        court that--
                  ``(A) the alien, if released upon such terms and 
                conditions as the court may prescribe (including the 
                posting of any monetary amount), is not likely to flee, 
                and
                  ``(B) the alien's release will not endanger national 
                security or the safety of any person or the community.
        The judge may consider classified information submitted in 
        camera and ex parte in making a determination under this 
        paragraph.
          ``(3) Release if order denied and no review sought.--
                  ``(A) In general.--Subject to subparagraph (B), if a 
                judge of the special removal court denies the order 
                sought in an application with respect to an alien and 
                the Department of Justice does not seek review of such 
                denial, the alien shall be released from custody.
                  ``(B) Application of regular procedures.--
                Subparagraph (A) shall not prevent the arrest and 
                detention of the alien pursuant to title II.
  ``(b) Conditional Release If Order Denied and Review Sought.--
          ``(1) In general.--If a judge of the special removal court 
        denies the order sought in an application with respect to an 
        alien and the Department of Justice seeks review of such 
        denial, the judge shall release the alien from custody subject 
        to the least restrictive condition or combination of conditions 
        of release described in section 3142(b) and clauses (i) through 
        (xiv) of section 3142(c)(1)(B) of title 18, United States Code, 
        that will reasonably assure the appearance of the alien at any 
        future proceeding pursuant to this title and will not endanger 
        the safety of any other person or the community.
          ``(2) No release for certain aliens.--If the judge finds no 
        such condition or combination of conditions, the alien shall 
        remain in custody until the completion of any appeal authorized 
        by this title.
  ``(c) Custody and Release After Hearing.--
          ``(1) Release.--
                  ``(A) In general.--Subject to subparagraph (B), if 
                the judge decides pursuant to section 505(i) that an 
                alien should not be removed, the alien shall be 
                released from custody.
                  ``(B) Custody pending appeal.--If the Attorney 
                General takes an appeal from such decision, the alien 
                shall remain in custody, subject to the provisions of 
                section 3142 of title 18, United States Code.
          ``(2) Custody and removal.--
                  ``(A) Custody.--If the judge decides pursuant to 
                section 505(i) that an alien shall be removed, the 
                alien shall be detained pending the outcome of any 
                appeal. After the conclusion of any judicial review 
                thereof which affirms the removal order, the Attorney 
                General shall retain the alien in custody and remove 
                the alien to a country specified under subparagraph 
                (B).
                  ``(B) Removal.--
                          ``(i) In general.--The removal of an alien 
                        shall be to any country which the alien shall 
                        designate if such designation does not, in the 
                        judgment of the Attorney General, in 
                        consultation with the Secretary of State, 
                        impair the obligation of the United States 
                        under any treaty (including a treaty pertaining 
                        to extradition) or otherwise adversely affect 
                        the foreign policy of the United States.
                          ``(ii) Alternate countries.--If the alien 
                        refuses to designate a country to which the 
                        alien wishes to be removed or if the Attorney 
                        General, in consultation with the Secretary of 
                        State, determines that removal of the alien to 
                        the country so designated would impair a treaty 
                        obligation or adversely affect United States 
                        foreign policy, the Attorney General shall 
                        cause the alien to be removed to any country 
                        willing to receive such alien.
                  ``(C) Continued detention.--If no country is willing 
                to receive such an alien, the Attorney General may, 
                notwithstanding any other provision of law, retain the 
                alien in custody. The Attorney General, in coordination 
                with the Secretary of State, shall make periodic 
                efforts to reach agreement with other countries to 
                accept such an alien and at least every 6 months shall 
                provide to the attorney representing the alien at the 
                special removal hearing a written report on the 
                Attorney General's efforts. Any alien in custody 
                pursuant to this subparagraph shall be released from 
                custody solely at the discretion of the Attorney 
                General and subject to such conditions as the Attorney 
                General shall deem appropriate.
                  ``(D) Fingerprinting.--Before an alien is transported 
                out of the United States pursuant to this subsection, 
                or pursuant to an order of exclusion because such alien 
                is excludable under section 212(a)(3)(B), the alien 
                shall be photographed and fingerprinted, and shall be 
                advised of the provisions of subsection 276(b).
  ``(d) Continued Detention Pending Trial.--
          ``(1) Delay in removal.--Notwithstanding the provisions of 
        subsection (c)(2), the Attorney General may hold in abeyance 
        the removal of an alien who has been ordered removed pursuant 
        to this title to allow the trial of such alien on any Federal 
        or State criminal charge and the service of any sentence of 
        confinement resulting from such a trial.
          ``(2) Maintenance of custody.--Pending the commencement of 
        any service of a sentence of confinement by an alien described 
        in paragraph (1), such an alien shall remain in the custody of 
        the Attorney General, unless the Attorney General determines 
        that temporary release of the alien to the custody of State 
        authorities for confinement in a State facility is appropriate 
        and would not endanger national security or public safety.
          ``(3) Subsequent removal.--Following the completion of a 
        sentence of confinement by an alien described in paragraph (1) 
        or following the completion of State criminal proceedings which 
        do not result in a sentence of confinement of an alien released 
        to the custody of State authorities pursuant to paragraph (2), 
        such an alien shall be returned to the custody of the Attorney 
        General who shall proceed to carry out the provisions of 
        subsection (c)(2) concerning removal of the alien.
  ``(e) Application of Certain Provisions Relating to Escape of 
Prisoners.--For purposes of sections 751 and 752 of title 18, United 
States Code, an alien in the custody of the Attorney General pursuant 
to this title shall be subject to the penalties provided by those 
sections in relation to a person committed to the custody of the 
Attorney General by virtue of an arrest on a charge of a felony.
  ``(f) Rights of Aliens in Custody.--
          ``(1) Family and attorney visits.--An alien in the custody of 
        the Attorney General pursuant to this title shall be given 
        reasonable opportunity to communicate with and receive visits 
        from members of the alien's family, and to contact, retain, and 
        communicate with an attorney.
          ``(2) Diplomatic contact.--An alien in the custody of the 
        Attorney General pursuant to this title shall have the right to 
        contact an appropriate diplomatic or consular official of the 
        alien's country of citizenship or nationality or of any country 
        providing representation services therefore. The Attorney 
        General shall notify the appropriate embassy, mission, or 
        consular office of the alien's detention.''.
  (b) Criminal Penalty for Reentry of Alien Terrorists.--Section 276(b) 
(8 U.S.C. 1326(b)) is amended--
          (1) by striking ``or'' at the end of paragraph (1),
          (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or'', and
          (3) by inserting after paragraph (2) the following new 
        paragraph:
          ``(3) who has been excluded from the United States pursuant 
        to subsection 235(c) because the alien was excludable under 
        subsection 212(a)(3)(B) or who has been removed from the United 
        States pursuant to the provisions of title V, and who 
        thereafter, without the permission of the Attorney General, 
        enters the United States or attempts to do so shall be fined 
        under title 18, United States Code, and imprisoned for a period 
        of 10 years, which sentence shall not run concurrently with any 
        other sentence.''.
  (c) Elimination of Custody Review by Habeas Corpus.--Section 106(a) 
(8 U.S.C. 1105a(a)) is amended--
          (1) by adding ``and'' at the end of paragraph (8),
          (2) by striking ``; and'' at the end of paragraph (9) and 
        inserting a period, and
          (3) by striking paragraph (10).
  (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to all 
aliens without regard to the date of entry or attempted entry into the 
United States.

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

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

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

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

  (a) In General.--Section 212(a)(3)(B) (8 U.S.C. 1182(a)(3)(B)) is 
amended--
          (1) in clause (i)--
                  (A) by striking ``or'' at the end of subclause (I),
                  (B) in subclause (II), by inserting ``engaged in or'' 
                after ``believe,'', and
                  (C) by inserting after subclause (II) the following:
                                  ``(III) is a representative of a 
                                terrorist organization, or
                                  ``(IV) is a member of a terrorist 
                                organization which the alien knows or 
                                should have known is a terrorist 
                                organization,''; and
          (2) by adding at the end the following:
                          ``(iv) Terrorist organization defined.--
                                  ``(I) Designation.--For purposes of 
                                this Act, the term `terrorist 
                                organization' means a foreign 
                                organization designated in the Federal 
                                Register as a terrorist organization by 
                                the Secretary of State, in consultation 
                                with the Attorney General, based upon a 
                                finding that the organization engages 
                                in, or has engaged in, terrorist 
                                activity that threatens the national 
                                security of the United States.
                                  ``(II) Process.--At least 3 days 
                                before designating an organization as a 
                                terrorist organization through 
                                publication in the Federal Register, 
                                the Secretary of State, in consultation 
                                with the Attorney General, shall notify 
                                the Committees on the Judiciary of the 
                                House of Representatives and the Senate 
                                of the intent to make such designation 
                                and the findings and basis for 
                                designation. The Secretary of State, in 
                                consultation with the Attorney General, 
                                shall create an administrative record 
                                and may use classified information in 
                                making such a designation. Such 
                                information is not subject to 
                                disclosure so long as it remains 
                                classified, except that it may be 
                                disclosed to a court ex parte and in 
                                camera under subclause (III) for 
                                purposes of judicial review of such a 
                                designation. The Secretary of State, in 
                                consultation with the Attorney General, 
                                shall provide notice and an opportunity 
                                for public comment prior to the 
                                creation of the administrative record 
                                under this subclause.
                                  ``(III) Judicial review.--Any 
                                organization designated as a terrorist 
                                organization under the preceding 
                                provisions of this clause may, not 
                                later than 30 days after the date of 
                                the designation, seek judicial review 
                                thereof in the United States Court of 
                                Appeals for the District of Columbia 
                                Circuit. Such review shall be based 
                                solely upon the administrative record, 
                                except that the Government may submit, 
                                for ex parte and in camera review, 
                                classified information considered in 
                                making the designation. The court shall 
                                hold unlawful and set aside the 
                                designation if the court finds the 
                                designation to be arbitrary, 
                                capricious, an abuse of discretion, or 
                                otherwise not in accordance with law, 
                                lacking substantial support in the 
                                administrative record taken as a whole 
                                or in classified information submitted 
                                to the court under the previous 
                                sentence, contrary to constitutional 
                                right, power, privilege, or immunity, 
                                or not in accord with the procedures 
                                required by law.
                                  ``(IV) Congressional removal 
                                authority.--The Congress reserves the 
                                authority to remove, by law, the 
                                designation of an organization as a 
                                terrorist organization for purposes of 
                                this Act.
                                  ``(V) Sunset.--Subject to subclause 
                                (IV), the designation under this clause 
                                of an organization as a terrorist 
                                organization shall be effective for a 
                                period of 2 years from the date of the 
                                initial publication of the terrorist 
                                organization designation by the 
                                Secretary of State. At the end of such 
                                period (but no sooner than 60 days 
                                prior to the termination of the 2-year-
                                designation period), the Secretary of 
                                State, in consultation with the 
                                Attorney General, may redesignate the 
                                organization in conformity with the 
                                requirements of this clause for 
                                designation of the organization.
                                  ``(VI) Removal authority.--The 
                                Secretary of State, in consultation 
                                with the Attorney General, may remove 
                                the terrorist organization designation 
                                from any organization previously 
                                designated as such an organization, at 
                                any time, so long as the Secretary 
                                publishes notice of the removal in the 
                                Federal Register. The Secretary is not 
                                required to report to Congress prior to 
                                so removing such designation.
                          ``(v) Representative defined.--
                                  ``(I) In general.--In this 
                                subparagraph, the term `representative' 
                                includes an officer, official, or 
                                spokesman of the organization and any 
                                person who directs, counsels, commands 
                                or induces the organization or its 
                                members to engage in terrorist 
                                activity.
                                  ``(II) Judicial review.--The 
                                determination under this subparagraph 
                                that an alien is a representative of a 
                                terrorist organization shall be subject 
                                to judicial review under section 706 of 
                                title 5, United States Code.''.
  (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 332. DENIAL OF RELIEF FOR ALIEN TERRORISTS.

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

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

SEC. 341. DEFINITION OF STOWAWAY.

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

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

  (a) In General.--Section 231(a) (8 U.S.C. 1221(a)) is amended--
          (1) by amending the first sentence to read as follows: ``In 
        connection with the arrival of any person by water or by air at 
        any port within the United States from any place outside the 
        United States, it shall be the duty of the master or commanding 
        officer, or authorized agent, owner, or consignee of the vessel 
        or aircraft, having such person on board to deliver to the 
        immigration officers at the port of arrival, or other place 
        designated by the Attorney General, electronic, typewritten, or 
        printed lists or manifests of the persons on board such vessel 
        or aircraft.'';
          (2) in the second sentence, by striking ``shall be prepared'' 
        and inserting ``shall be prepared and submitted''; and
          (3) by inserting after the second sentence the following 
        sentence: ``Such lists or manifests shall contain, but not be 
        limited to, for each person transported, the person's full 
        name, date of birth, gender, citizenship, travel document 
        number (if applicable) and arriving flight number.''.
  (b) Effective Date.--The amendments made by subsection (a) shall 
apply to vessels or aircraft arriving at ports of entry on or after 
such date (not later than 60 days after the date of the enactment of 
this Act) as the Attorney General shall specify.

                   Subtitle D--Additional Provisions

SEC. 351. DEFINITION OF CONVICTION.

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

SEC. 352. IMMIGRATION JUDGES AND COMPENSATION.

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

    IJ-1
                                        70% of the next to highest rate 
                                                of basic pay for the 
                                                Senior Executive 
                                                Service
    IJ-2
                                        80% of the next to highest rate 
                                                of basic pay for the 
                                                Senior Executive 
                                                Service
    IJ-3
                                        90% of the next to highest rate 
                                                of basic pay for the 
                                                Senior Executive 
                                                Service
    IJ-4
                                        92% of the next to highest rate 
                                                of basic pay for the 
                                                Senior Executive 
                                                Service.

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

SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.

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

SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.

  (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 274C the following new section:
                ``civil penalties for failure to depart
  ``Sec. 274D. (a) In General.--Any alien subject to a final order of 
removal who--
          ``(1) willfully fails or refuses to--
                  ``(A) depart from the United States pursuant to the 
                order,
                  ``(B) make timely application in good faith for 
                travel or other documents necessary for departure, or
                  ``(C) present for removal at the time and place 
                required by the Attorney General; or
          ``(2) conspires to or takes any action designed to prevent or 
        hamper the alien's departure pursuant to the order,
shall pay a civil penalty of not more than $500 to the Commissioner for 
each day the alien is in violation of this section.
  ``(b) Construction.--Nothing in this section shall be construed to 
diminish or qualify any penalties to which an alien may be subject for 
activities proscribed by section 243(a) or any other section of this 
Act.''.
  (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 274C the following new 
item:

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

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

SEC. 355. CLARIFICATION OF DISTRICT COURT JURISDICTION.

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

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

  (a) Authorization of Temporary Employment of Certain Annuitants and 
Retirees.--For the purpose of performing duties in connection with 
supporting the enhanced Institutional Hearing Program, the Attorney 
General may employ for a period not to exceed 24 months (beginning 3 
months after the date of the enactment of this Act) not more than 300 
individuals (at any one time) who, by reason of separation from service 
on or before January 1, 1995, are receiving--
          (1) annuities under the provisions of subchapter III of 
        chapter 83 of title 5, United States Code, or chapter 84 of 
        such title;
          (2) annuities under any other retirement system for employees 
        of the Federal Government; or
          (3) retired or retainer pay as retired officers of regular 
        components of the uniformed services.
  (b) No Reduction in Annuity or Retirement Pay or Redetermination of 
Pay During Temporary Employment.--
          (1) Retirees under civil service retirement system and 
        federal employees' retirement system.--In the case of an 
        individual employed under subsection (a) who is receiving an 
        annuity described in subsection (a)(1)--
                  (A) such individual's annuity shall continue during 
                the employment under subsection (a) and shall not be 
                increased as a result of service performed during that 
                employment;
                  (B) retirement deductions shall not be withheld from 
                such individual's pay; and
                  (C) such individual's pay shall not be subject to any 
                deduction based on the portion of such individual's 
                annuity which is allocable to the period of employment.
          (2) Other federal retirees.--The President shall apply the 
        provisions of paragraph (1) to individuals who are receiving an 
        annuity described in subsection (a)(2) and who are employed 
        under subsection (a) in the same manner and to the same extent 
        as such provisions apply to individuals who are receiving an 
        annuity described in subsection (a)(1) and who are employed 
        under subsection (a).
          (3) Retired officers of the uniform services.--The retired or 
        retainer pay of a retired officer of a regular component of a 
        uniformed service shall not be reduced under section 5532 of 
        title 5, United States Code, by reason of temporary employment 
        authorized under subsection (a).

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

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

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

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

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

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

SEC. 360. PRISONER TRANSFER TREATIES.

  (a) Negotiation.--Congress advises the President to begin to 
negotiate and renegotiate, not later than 90 days after the date of the 
enactment of this Act, bilateral prisoner transfer treaties. The focus 
of such negotiations shall be--
          (1) to expedite the transfer of aliens unlawfully in the 
        United States who are (or are about to be) incarcerated in 
        United States prisons,
          (2) to ensure that a transferred prisoner serves the balance 
        of the sentence imposed by the United States courts,
          (3) to eliminate any requirement of prisoner consent to such 
        a transfer, and
          (4) to allow the Federal Government or the States to keep 
        their original prison sentences in force so that transferred 
        prisoners who return to the United States prior to the 
        completion of their original United States sentences can be 
        returned to custody for the balance of their prison sentences.
In entering into such negotiations, the President may consider 
providing for appropriate compensation in cases where the United States 
is able to independently verify the adequacy of the sites where aliens 
will be imprisoned and the length of time the alien is actually 
incarcerated in the foreign country under such a treaty.
  (b) Certification.--The President shall submit to the Congress, 
annually, a certification as to whether each prisoner transfer treaty 
in force is effective in returning aliens unlawfully in the United 
States who have committed offenses for which they are incarcerated in 
the United States to their country of nationality for further 
incarceration.

SEC. 361. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

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

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

  (a) Exclusion Grounds.--Section 212 (8 U.S.C. 1182) is amended--
          (1) by amending subparagraph (F) of subsection (a)(6) to read 
        as follows:
                  ``(F) Subject of civil penalty.--
                          ``(i) In general.--An alien who is the 
                        subject of a final order for violation of 
                        section 274C is inadmissible.
                          ``(ii) Waiver authorized.--For provision 
                        authorizing waiver of clause (i), see 
                        subsection (d)(12).''; and
          (2) by adding at the end of subsection (d) the following new 
        paragraph:
  ``(12) The Attorney General may, in the discretion of the Attorney 
General for humanitarian purposes, to assure family unity, or when it 
is otherwise in the public interest, waive application of clause (i) of 
subsection (a)(6)(F)--
          ``(A) in the case of an alien lawfully admitted for permanent 
        residence who temporarily proceeded abroad voluntarily and not 
        under an order of deportation and who is otherwise admissible 
        to the United States as a returning resident under section 
        211(b), and
          ``(B) in the case of an alien seeking admission or adjustment 
        of status under section 201(b)(2)(A) or under section 203(a),
if the violation under section 274C was committed solely to assist, 
aid, or support the alien's spouse, parent, son, or daughter (and not 
another individual).''.
  (b) Ground of Deportation.--Subparagraph (C) of section 241(a)(3) (8 
U.S.C. 1251(a)(3)), before redesignation by section 305(a)(2), is 
amended to read as follows:
                  ``(C) Document fraud.--
                          ``(i) In general.--An alien who is the 
                        subject of a final order for violation of 
                        section 274C is deportable.
                          ``(ii) Waiver authorized.--The Attorney 
                        General may waive clause (i) in the case of an 
                        alien lawfully admitted for permanent residence 
                        if the alien's civil money penalty under 
                        section 274C was incurred solely to assist, 
                        aid, or support the alien's spouse, parent, 
                        son, or daughter (and no other individual).''.

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

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

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

  (a) In General.--Except as provided in subsection (b), in no case may 
the Attorney General, or any other official or employee of the 
Department of Justice (including any bureau or agency of such 
Department)--
          (1) make an adverse determination of admissibility or 
        deportability of an alien under the Immigration and Nationality 
        Act using information furnished solely by--
                  (A) a spouse or parent who has battered the alien or 
                subjected the alien to extreme cruelty,
                  (B) a member of the spouse's or parent's family 
                residing in the same household as the alien who has 
                battered the alien or subjected the alien to extreme 
                cruelty when the spouse or parent consented to or 
                acquiesced in such battery or cruelty,
                  (C) a spouse or parent who has battered the alien's 
                child or subjected the alien's child to extreme cruelty 
                (without the active participation of the alien in the 
                battery or extreme cruelty), or
                  (D) a member of the spouse's or parent's family 
                residing in the same household as the alien who has 
                battered the alien's child or subjected the alien's 
                child to extreme cruelty when the spouse or parent 
                consented to or acquiesced in such battery or cruelty 
                and the alien did not actively participate in such 
                battery or cruelty,
        unless the alien has been convicted of a crime or crimes listed 
        in section 241(a)(2) of the Immigration and Nationality Act; or
          (2) permit use by or disclosure to anyone (other than a sworn 
        officer or employee of the Department, or bureau or agency 
        thereof, for legitimate Department, bureau, or agency purposes) 
        of any information which relates to an alien who is the 
        beneficiary of an application for relief under clause (iii) or 
        (iv) of section 204(a)(1)(A), clause (ii) or (iii) of section 
        204(a)(1)(B), section 216(c)(4)(C), or section 244(a)(3) of 
        such Act as an alien (or the parent of a child) who has been 
        battered or subjected to extreme cruelty.
The limitation under paragraph (2) ends when the application for relief 
is denied and all opportunities for appeal of the denial have been 
exhausted.
  (b) Exceptions.--
          (1) The Attorney General may provide, in the Attorney 
        General's discretion, for the disclosure of information in the 
        same manner and circumstances as census information may be 
        disclosed by the Secretary of Commerce under section 8 of title 
        13, United States Code.
          (2) The Attorney General may provide in the discretion of the 
        Attorney General for the disclosure of information to law 
        enforcement officials to be used solely for a legitimate law 
        enforcement purpose.
          (3) Subsection (a) shall not be construed as preventing 
        disclosure of information in connection with judicial review of 
        a determination in a manner that protects the confidentiality 
        of such information.
          (4) Subsection (a)(2) shall not apply if all the battered 
        individuals in the case are adults and they have all waived the 
        restrictions of such subsection.
  (c) Penalties for Violations.--Anyone who uses, publishes, or permits 
information to be disclosed in violation of this section shall be fined 
in accordance with title 18, United States Code, or imprisoned not more 
than 5 years, or both.

        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

SEC. 401. STRENGTHENED ENFORCEMENT OF THE EMPLOYER SANCTIONS 
                    PROVISIONS.

  (a) In General.--The number of full-time equivalent positions in the 
Investigations Division within the Immigration and Naturalization 
Service of the Department of Justice beginning in fiscal year 1996 
shall be increased by 350 positions above the number of full-time 
equivalent positions available to such Division as of September 30, 
1994.
  (b) Assignment.--Individuals employed to fill the additional 
positions described in subsection (a) shall be assigned to investigate 
violations of the employer sanctions provisions contained in section 
274A of the Immigration and Nationality Act, including investigating 
reports of violations received from officers of the Employment 
Standards Administration of the Department of Labor.

SEC. 402. STRENGTHENED ENFORCEMENT OF WAGE AND HOUR LAWS.

  (a) In General.--The number of full-time equivalent positions in the 
Wage and Hour Division with the Employment Standards Administration of 
the Department of Labor beginning in fiscal year 1996 shall be 
increased by 150 positions above the number of full-time equivalent 
positions available to the Wage and Hour Division as of September 30, 
1994.
  (b) Assignment.--Individuals employed to fill the additional 
positions described in subsection (a) shall be assigned to investigate 
violations of wage and hour laws in areas where the Attorney General 
has notified the Secretary of Labor that there are high concentrations 
of undocumented aliens.

SEC. 403. CHANGES IN THE EMPLOYER SANCTIONS PROGRAM.

  (a) Reducing the Number of Documents Accepted for Employment 
Verification.--Section 274A(b) (8 U.S.C. 1324a(b)) is amended--
          (1) in paragraph (1)(B)--
                  (A) by adding ``or'' at the end of clause (i),
                  (B) by striking clauses (ii) through (iv), and
                  (C) in clause (v), by striking ``or other alien 
                registration card, if the card'' and inserting ``, 
                alien registration card, or other document designated 
                by regulation by the Attorney General, if the 
                document'' and redesignating such clause as clause 
                (ii);
          (2) by amending subparagraph (C) of paragraph (1) to read as 
        follows:
                  ``(C) Social security account number card as evidence 
                of employment authorization.--A document described in 
                this subparagraph is an individual's social security 
                account number card (other than such a card which 
                specifies on the face that the issuance of the card 
                does not authorize employment in the United States).''; 
                and
          (3) by amending paragraph (2) to read as follows:
          ``(2) Individual attestation of employment authorization and 
        provision of social security account number.--The individual 
        must--
                  ``(A) attest, under penalty of perjury on the form 
                designated or established for purposes of paragraph 
                (1), that the individual is a citizen or national of 
                the United States, an alien lawfully admitted for 
                permanent residence, or an alien who is authorized 
                under this Act or by the Attorney General to be hired, 
                recruited, or referred for such employment; and
                  ``(B) provide on such form the individual's social 
                security account number.''.
  (b) Employment Eligibility Confirmation Process.--Section 274A (8 
U.S.C. 1324a) is amended--
          (1) in subsection (a)(3), by inserting ``(A)'' after 
        ``Defense.--'', and by adding at the end the following:
          ``(B) Failure to seek and obtain confirmation.--Subject to 
        subsection (b)(7), in the case of a hiring of an individual for 
        employment in the United States by a person or entity that 
        employs more than 3 employees, the following rules apply:
                  ``(i) Failure to seek confirmation.--
                          ``(I) In general.--If the person or entity 
                        has not made an inquiry, under the mechanism 
                        established under subsection (b)(6), seeking 
                        confirmation of the identity, social security 
                        number, and work eligibility of the individual, 
                        by not later than the end of 3 working days (as 
                        specified by the Attorney General) after the 
                        date of the hiring, the defense under 
                        subparagraph (A) shall not be considered to 
                        apply with respect to any employment after such 
                        3 working days, except as provided in subclause 
                        (II).
                          ``(II) Special rule for failure of 
                        confirmation mechanism.--If such a person or 
                        entity in good faith attempts to make an 
                        inquiry during such 3 working days in order to 
                        qualify for the defense under subparagraph (A) 
                        and the confirmation mechanism has registered 
                        that not all inquiries were responded to during 
                        such time, the person or entity can make an 
                        inquiry in the first subsequent working day in 
                        which the confirmation mechanism registers no 
                        nonresponses and qualify for the defense.
                  ``(ii) Failure to obtain confirmation.--If the person 
                or entity has made the inquiry described in clause 
                (i)(I) but has not received an appropriate confirmation 
                of such identity, number, and work eligibility under 
                such mechanism within the time period specified under 
                subsection (b)(6)(D)(iii) after the time the 
                confirmation inquiry was received, the defense under 
                subparagraph (A) shall not be considered to apply with 
                respect to any employment after the end of such time 
                period.'';
          (2) by amending paragraph (3) of subsection (b) to read as 
        follows:
          ``(3) Retention of verification form and confirmation.--After 
        completion of such form in accordance with paragraphs (1) and 
        (2), the person or entity must--
                  ``(A) retain the form and make it available for 
                inspection by officers of the Service, the Special 
                Counsel for Immigration-Related Unfair Employment 
                Practices, or the Department of Labor during a period 
                beginning on the date of the hiring, recruiting, or 
                referral of the individual and ending--
                          ``(i) in the case of the recruiting or 
                        referral for a fee (without hiring) of an 
                        individual, three years after the date of the 
                        recruiting or referral, and
                          ``(ii) in the case of the hiring of an 
                        individual--
                                  ``(I) three years after the date of 
                                such hiring, or
                                  ``(II) one year after the date the 
                                individual's employment is terminated,
                        whichever is later; and
                  ``(B) subject to paragraph (7), if the person employs 
                more than 3 employees, seek to have (within 3 working 
                days of the date of hiring) and have (within the time 
                period specified under paragraph (6)(D)(iii)) the 
                identity, social security number, and work eligibility 
                of the individual confirmed in accordance with the 
                procedures established under paragraph (6), except that 
                if the person or entity in good faith attempts to make 
                an inquiry in accordance with the procedures 
                established under paragraph (6) during such 3 working 
                days in order to fulfill the requirements under this 
                subparagraph, and the confirmation mechanism has 
                registered that not all inquiries were responded to 
                during such time, the person or entity shall make an 
                inquiry in the first subsequent working day in which 
                the confirmation mechanism registers no 
                nonresponses.''; and
          (3) by adding at the end of subsection (b) the following new 
        paragraphs:
          ``(6) Employment eligibility confirmation process.--
                  ``(A) In general.--Subject to paragraph (7), the 
                Attorney General shall establish a confirmation 
                mechanism through which the Attorney General (or a 
                designee of the Attorney General which may include a 
                nongovernmental entity)--
                          ``(i) responds to inquiries by employers, 
                        made through a toll-free telephone line or 
                        other electronic media in the form of an 
                        appropriate confirmation code or otherwise, on 
                        whether an individual is authorized to be 
                        employed by that employer, and
                          ``(ii) maintains a record that such an 
                        inquiry was made and the confirmation provided 
                        (or not provided).
                  ``(B) Expedited procedure in case of no 
                confirmation.--In connection with subparagraph (A), the 
                Attorney General shall establish, in consultation with 
                the Commissioner of Social Security and the 
                Commissioner of the Service, expedited procedures that 
                shall be used to confirm the validity of information 
                used under the confirmation mechanism in cases in which 
                the confirmation is sought but is not provided through 
                the confirmation mechanism.
                  ``(C) Design and operation of mechanism.--The 
                confirmation mechanism shall be designed and operated--
                          ``(i) to maximize the reliability of the 
                        confirmation process, and the ease of use by 
                        employers, recruiters, and referrers, 
                        consistent with insulating and protecting the 
                        privacy and security of the underlying 
                        information, and
                          ``(ii) to respond to all inquiries made by 
                        employers on whether individuals are authorized 
                        to be employed by those employers, recruiters, 
                        or referrers registering all times when such 
                        response is not possible.
                  ``(D) Confirmation process.--(i) As part of the 
                confirmation mechanism, the Commissioner of Social 
                Security shall establish a reliable, secure method, 
                which within the time period specified under clause 
                (iii), compares the name and social security account 
                number provided against such information maintained by 
                the Commissioner in order to confirm (or not confirm) 
                the validity of the information provided and whether 
                the individual has presented a social security account 
                number that is not valid for employment. The 
                Commissioner shall not disclose or release social 
                security information.
                  ``(ii) As part of the confirmation mechanism, the 
                Commissioner of the Service shall establish a reliable, 
                secure method, which, within the time period specified 
                under clause (iii), compares the name and alien 
                identification number (if any) provided against such 
                information maintained by the Commissioner in order to 
                confirm (or not confirm) the validity of the 
                information provided and whether the alien is 
                authorized to be employed in the United States.
                  ``(iii) For purposes of this section, the Attorney 
                General (or a designee of the Attorney General) shall 
                provide through the confirmation mechanism confirmation 
                or a tentative nonconfirmation of an individual's 
                employment eligibility within 3 working days of the 
                initial inquiry. In cases of tentative nonconfirmation, 
                the Attorney General shall specify, in consultation 
                with the Commissioner of Social Security and the 
                Commissioner of the Service, an expedited time period 
                not to exceed 10 working days within which final 
                confirmation or denial must be provided through the 
                confirmation mechanism in accordance with the 
                procedures under subparagraph (B).
                  ``(iv) The Commissioners shall update their 
                information in a manner that promotes the maximum 
                accuracy and shall provide a process for the prompt 
                correction of erroneous information.
                  ``(E) Protections.--(i) In no case shall an 
                individual be denied employment because of inaccurate 
                or inaccessible data under the confirmation mechanism.
                  ``(ii) The Attorney General shall assure that there 
                is a timely and accessible process to challenge 
                nonconfirmations made through the mechanism.
                  ``(iii) If an individual would not have been 
                dismissed from a job but for an error of the 
                confirmation mechanism, the individual will be entitled 
                to compensation through the mechanism of the Federal 
                Tort Claims Act.
                  ``(F) Tester program.--As part of the confirmation 
                mechanism, the Attorney General shall implement a 
                program of testers and investigative activities 
                (similar to testing and other investigative activities 
                assisted under the fair housing initiatives program 
                under section 561 of the Housing and Community 
                Development Act of 1987 to enforce rights under the 
                Fair Housing Act) in order to monitor and prevent 
                unlawful discrimination under the mechanism.
                  ``(G) Protection from liability for actions taken on 
                the basis of information provided by the employment 
                eligibility confirmation mechanism.--No person shall be 
                civilly or criminally liable for any action taken in 
                good faith reliance on information provided through the 
                employment eligibility confirmation mechanism 
                established under this paragraph (including any pilot 
                program established under paragraph (7)).
          ``(7) Application of confirmation mechanism through pilot 
        projects.--
                  ``(A) In general.--Subsection (a)(3)(B) and paragraph 
                (3) shall only apply to individuals hired if they are 
                covered under a pilot project established under this 
                paragraph.
                  ``(B) Undertaking pilot projects.--For purposes of 
                this paragraph, the Attorney General shall undertake 
                pilot projects for all employers in at least 5 of the 7 
                States with the highest estimated population of 
                unauthorized aliens, in order to test and assure that 
                the confirmation mechanism described in paragraph (6) 
                is reliable and easy to use. Such projects shall be 
                initiated not later than 6 months after the date of the 
                enactment of this paragraph. The Attorney General, 
                however, shall not establish such mechanism in other 
                States unless Congress so provides by law. The pilot 
                projects shall terminate on such dates, not later than 
                October 1, 1999, as the Attorney General determines. At 
                least one such pilot project shall be carried out 
                through a nongovernmental entity as the confirmation 
                mechanism.
          ``(C) Report.--The Attorney General shall submit to the 
        Congress annual reports in 1997, 1998, and 1999 on the 
        development and implementation of the confirmation mechanism 
        under this paragraph. Such reports may include an analysis of 
        whether the mechanism implemented--
                  ``(i) is reliable and easy to use;
                  ``(ii) limits job losses due to inaccurate or 
                unavailable data to less than 1 percent;
                  ``(iii) increases or decreases discrimination;
                  ``(iv) protects individual privacy with appropriate 
                policy and technological mechanisms; and
                  ``(v) burdens individual employers with costs or 
                additional administrative requirements.''.
  (c) Reduction of Paperwork for Certain Employees.--Section 274A(a) (8 
U.S.C. 1324a(a)) is amended by adding at the end the following new 
paragraph:
          ``(6) Treatment of documentation for certain employees.--
                  ``(A) In general.--For purposes of paragraphs (1)(B) 
                and (3), if--
                          ``(i) an individual is a member of a 
                        collective-bargaining unit and is employed, 
                        under a collective bargaining agreement entered 
                        into between one or more employee organizations 
                        and an association of two or more employers, by 
                        an employer that is a member of such 
                        association, and
                          ``(ii) within the period specified in 
                        subparagraph (B), another employer that is a 
                        member of the association (or an agent of such 
                        association on behalf of the employer) has 
                        complied with the requirements of subsection 
                        (b) with respect to the employment of the 
                        individual,
                the subsequent employer shall be deemed to have 
                complied with the requirements of subsection (b) with 
                respect to the hiring of the employee and shall not be 
                liable for civil penalties described in subsection 
                (e)(5).
                  ``(B) Period.--The period described in this 
                subparagraph is--
                          ``(i) up to 5 years in the case of an 
                        individual who has presented documentation 
                        identifying the individual as a national of the 
                        United States or as an alien lawfully admitted 
                        for permanent residence; or
                          ``(ii) up to 3 years (or, if less, the period 
                        of time that the individual is authorized to be 
                        employed in the United States) in the case of 
                        another individual.
                  ``(C) Liability.--
                          ``(i) In general.--If any employer that is a 
                        member of an association hires for employment 
                        in the United States an individual and relies 
                        upon the provisions of subparagraph (A) to 
                        comply with the requirements of subsection (b) 
                        and the individual is an unauthorized alien, 
                        then for the purposes of paragraph (1)(A), 
                        subject to clause (ii), the employer shall be 
                        presumed to have known at the time of hiring or 
                        afterward that the individual was an 
                        unauthorized alien.
                          ``(ii) Rebuttal of presumption.--The 
                        presumption established by clause (i) may be 
                        rebutted by the employer only through the 
                        presentation of clear and convincing evidence 
                        that the employer did not know (and could not 
                        reasonably have known) that the individual at 
                        the time of hiring or afterward was an 
                        unauthorized alien.''.
  (d) Elimination of Dated Provisions.--Section 274A (8 U.S.C. 1324a) 
is amended by striking subsections (i) through (n).
  (e) Effective Dates.--
          (1) Except as provided in this subsection, the amendments 
        made by this section shall apply with respect to hiring (or 
        recruiting or referring) occurring on or after such date (not 
        later than 180 days after the date of the enactment of this 
        Act) as the Attorney General shall designate.
          (2) The amendments made by subsections (a)(1) and (a)(2) 
        shall apply with respect to the hiring (or recruiting or 
        referring) occurring on or after such date (not later than 18 
        months after the date of the enactment of this Act) as the 
        Attorney General shall designate.
          (3) The amendment made by subsection (c) shall apply to 
        individuals hired on or after 60 days after the date of the 
        enactment of this Act.
          (4) The amendment made by subsection (d) shall take effect on 
        the date of the enactment of this Act.
          (5) Not later than 180 days after the date of the enactment 
        of this Act, the Attorney General shall issue regulations which 
        shall provide for the electronic storage of forms I-9, in 
        satisfaction of the requirements of section 274A(b)(3) of the 
        Immigration and Nationality Act as amended by this Act.

SEC. 404. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO WORK.

  Subsection (c) of section 290 (8 U.S.C. 1360) is amended to read as 
follows:
  ``(c)(1) Not later than 3 months after the end of each fiscal year 
(beginning with fiscal year 1995), the Commissioner of Social Security 
shall report to the Committees on the Judiciary of the House of 
Representatives and the Senate on the aggregate number of social 
security account numbers issued to aliens not authorized to be employed 
to which earnings were reported to the Social Security Administration 
in such fiscal year.
  ``(2) If earnings are reported on or after January 1, 1996, to the 
Social Security Administration on a social security account number 
issued to an alien not authorized to work in the United States, the 
Commissioner of Social Security shall provide the Attorney General with 
information regarding the name and address of the alien, the name and 
address of the person reporting the earnings, and the amount of the 
earnings. The information shall be provided in an electronic form 
agreed upon by the Commissioner and the Attorney General.''.

SEC. 405. 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. 406. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS OF 
                    PAPERWORK REQUIREMENTS.

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

SEC. 407. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

  (a) Requiring Certain Remedies in Unfair Immigration-Related 
Discrimination Orders.--Section 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is 
amended--
          (1) in subparagraph (A), by adding at the end the following: 
        ``Such order also shall require the person or entity to comply 
        with the requirements of clauses (ii) and (vi) of subparagraph 
        (B).'';
          (2) in subparagraph (B), by striking ``Such an order'' and 
        inserting ``Subject to the second sentence of subparagraph (A), 
        such an order''; and
          (3) in subparagraph (B)(vi), by inserting before the 
        semicolon at the end the following: ``and to certify the fact 
        of such education''.
  (b) Treatment of Certain Documentary Practice as Employment 
Practices.--Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is amended--
          (1) by striking ``For'' and inserting ``(A) Subject to 
        subparagraph (B), for'', and
          (2) by adding at the end the following new subparagraph:
          ``(B) A person or other entity--
                  ``(i) may request a document proving a renewal of 
                employment authorization when an individual has 
                previously submitted a time-limited document to satisfy 
                the requirements of section 274A(b)(1); or
                  ``(ii) if possessing reason to believe that an 
                individual presenting a document which reasonably 
                appears on its face to be genuine is nonetheless an 
                unauthorized alien, may (I) inform the individual of 
                the question about the document's validity, and of such 
                person or other entity's intention to verify the 
                validity of such document, and (II) upon receiving 
                confirmation that the individual is unauthorized to 
                work, may dismiss the individual with no benefits or 
                rights accruing on the basis of the period employed.
        Nothing in this provision prohibits an individual from offering 
        alternative documents that satisfy the requirements of section 
        274A(b)(1).''.
  (c) Effective Date.--The amendments made by subsection (a) shall 
apply to orders issued on or after the first day of the first month 
beginning at least 90 days after the date of the enactment of this Act.

              TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM

SEC. 500. OVERVIEW OF NEW LEGAL IMMIGRATION SYSTEM.

  This title amends the legal immigration provisions of the Immigration 
and Nationality Act so as to provide for the following (beginning with 
fiscal year 1997):
          (1) Division of immigration among 3 categories.--There will 
        be a worldwide level of immigration of approximately 562,000, 
        divided among--
                  (A) family-sponsored immigrants, with a worldwide 
                annual numerical limitation (after a transition) of 
                approximately 330,000,
                  (B) employment-based immigrants, with a worldwide 
                annual numerical limitation of 135,000,
                  (C) diversity immigrants, with a worldwide annual 
                numerical limitation of 27,000, and
                  (D) humanitarian immigrants, with a worldwide annual 
                numerical limitation (after a transition) of 
                approximately 70,000.
        Congress is required to reevaluate and reauthorize these 
        numbers every 5 years.
          (2) Family-sponsored immigrants.--
                  (A) Categories.--Family-sponsored immigrants are (i) 
                spouses and children of citizens, (ii) spouses and 
                children of permanent resident aliens, (iii) parents of 
                adult United States citizens if the parents meet 
                certain insurance requirements, and (iv) sons or 
                daughters of United States citizens or sons or 
                daughters of permanent resident aliens who have never 
                been married, are childless, but for the residence 
                requirements would qualify as dependents for Federal 
                income tax purposes, and are at least 21 but not more 
                than 25 years of age.
                  (B) Numerical limitations.--
                          (i) There will be no direct numerical limit 
                        on admission of spouses and children of United 
                        States citizens.
                          (ii) The annual numerical limit on admission 
                        of spouses and children of permanent residents 
                        will not be below 85,000.
                          (iii) The annual numerical limit on admission 
                        of parents of United States citizens will not 
                        be below 25,000.
          (3) Employment-based immigrants.--Employment-based immigrants 
        will fall within the following categories and numerical 
        limitations:
                  (A) Extraordinary immigrants.--First, aliens with 
                extraordinary ability, up to 15,000 each year.
                  (B) Outstanding professors and researchers and 
                multinational executives.--Second, aliens who are 
                outstanding professors and researchers or multinational 
                executives or managers, up to 30,000 each year, plus 
                any left from the previous category.
                  (C) Professionals with advanced degrees or 
                exceptional ability aliens.--Third, aliens who are 
                members of the professions holding advanced degrees or 
                who have exceptional ability, up to 30,000 each year, 
                plus any left from the previous categories.
                  (D) Other professionals and skilled workers.--Fourth, 
                aliens who are skilled workers with at least 4 years of 
                training and work experience or are professionals with 
                a baccalaureate degree and at least 2 years' 
                experience, up to 45,000 each year, plus any left from 
                the previous categories.
                  (E) Investors.--Fifth, aliens who are investing at 
                least $1,000,000 in enterprises in the United States 
                that will employ at least 10 workers, up to 10,000 each 
                year (with a 2-year pilot program for those investing 
                at least $500,000 in enterprises employing at least 5 
                workers).
                  (F) Certain special immigrants.--Lastly, aliens who 
                fall within certain classes of special immigrants (such 
                as religious ministers, aliens who have worked for the 
                Government abroad, certain long-term alien employees of 
                international organizations, certain dependent 
                juveniles, and certain long-term alien members of the 
                Armed Forces), up to 5,000 each year.
          (4) Diversity immigrants.--Diversity immigrants are chosen 
        from the 10 countries in each region with the highest demand 
        for diversity visas by random selection.
          (5) Humanitarian immigrants.--Humanitarian immigrants will 
        fall within the following categories and numerical limitations:
                  (A) Refugees.--Refugees, subject to a numerical 
                limitation (after a transition and excluding emergency 
                refugees) of 50,000 or such higher number as the 
                Congress may provide by law.
                  (B) Asylees.--Aliens seeking asylum, subject to no 
                numerical limitation in any year. As under current law, 
                asylees may adjust to permanent residence status at a 
                rate of up to 10,000 each year.
                  (C) Other humanitarian immigrants.--Other immigrants 
                who are of special humanitarian concern to the United 
                States, up to 10,000 each year.
          (6) Transition.--
                  (A) Additional visa numbers for spouses and minor, 
                unmarried children of permanent resident aliens.--In 
                order to reduce the current backlog for spouses and 
                minor, unmarried children of lawful permanent 
                residents, there will be at least an additional 50,000 
                immigrant visa numbers made available for these aliens 
                for each of 5 fiscal years, with priority for spouses 
                and children of aliens who did not participate in a 
                legalization program.
                  (B) Phase-down in normal flow refugee numerical 
                limitation.--The annual numerical limitation on non-
                emergency refugees (without specific approval of 
                Congress) will be phased down to 75,000 in fiscal year 
                1997 and 50,000 in fiscal year 1998 and thereafter.

                 Subtitle A--Worldwide Numerical Limits

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

  (a) Overview.--
          (1) The amendment made by subsection (b) provides for a 
        worldwide level of family-sponsored immigrants of 330,000 less 
        the number of spouses and children of citizens admitted in the 
        previous year.
          (2) However, there will be no limit on spouses and children 
        of citizens, nor would the number of visas available to spouses 
        and children of lawful permanent residents go below 85,000, nor 
        would the number of visas available to parents of citizens go 
        below 25,000.
          (3) Any excess in family immigration above 330,000 would come 
        from other unused visas and, if necessary, from future visa 
        numbers.
          (4) If there are any remaining family visas, these visas 
        would be added to the visas made available to spouses and 
        children of lawful permanent resident aliens.
  (b) Amendment.--Subsection (c) of section 201 (8 U.S.C. 1151) is 
amended to read as follows:
  ``(c) Worldwide Level of Family-Sponsored Immigrants.--
          ``(1) In general.--Subject to the succeeding provisions of 
        this subsection, the worldwide level of family-sponsored 
        immigrants under this subsection (in this subsection referred 
        to as the `worldwide family level') for a fiscal year is 
        330,000.
          ``(2) Reduction for spouses and children of united states 
        citizens and certain other family-related immigrants.--The 
        worldwide family level for a fiscal year shall be reduced (but 
        not below a number sufficient to provide for the minimum visa 
        numbers described in paragraph (4)) by the number of aliens 
        described in subsection (b)(2) who were issued immigrant visas 
        or who otherwise acquired the status of aliens lawfully 
        admitted to the United States for permanent residence in the 
        previous fiscal year.
          ``(3) Further reduction for any previous excess family 
        immigration.--
                  ``(A) In general.--If there are excess family 
                admissions in a particular fiscal year (as determined 
                under subparagraph (B)) beginning with fiscal year 
                1997, then for the following fiscal year the worldwide 
                family level shall be reduced (but not below a number 
                sufficient to provide for the minimum visa numbers 
                described in paragraph (4)) by the net number of excess 
                admissions in that particular fiscal year (as defined 
                in subparagraph (C)).
                  ``(B) Determination of excess family admissions.--For 
                purposes of subparagraph (A), there are excess family 
                admissions in a fiscal year if--
                          ``(i) the number of aliens who are issued 
                        immigrant visas or who otherwise acquire the 
                        status of aliens lawfully admitted to the 
                        United States for permanent residence under 
                        section 203(a) or subsection (b)(2) in a fiscal 
                        year, exceeds
                          ``(ii) 330,000, less the carryforward number 
                        of excess admissions for the previous fiscal 
                        year (as defined in subparagraph (D)).
                For purposes of this subparagraph, immigrant visa 
                numbers issued under section 553 of the Immigration in 
                the National Interest Act of 1995 (relating to certain 
                transition immigrants) shall not be counted under 
                clause (i).
                  ``(C) Net number of excess admissions.--For purposes 
                of subparagraph (A), the `net number of excess 
                admissions' for a fiscal year is--
                          ``(i) the excess described in subparagraph 
                        (B) for the fiscal year, reduced (but not below 
                        zero) by
                          ``(ii) the number (if any) by which the 
                        worldwide level under subsection (d) for the 
                        previous fiscal year exceeds the number of 
                        immigrants who are issued immigrant visas or 
                        who otherwise acquire the status of aliens 
                        lawfully admitted to the United States for 
                        permanent residence under section 203(b) in 
                        that previous fiscal year.
                  ``(D) Carryforward number of excess admissions.--For 
                purposes of subparagraph (B)(ii), the carryforward 
                number of excess admissions for a particular fiscal 
                year is the net number of excess admissions for the 
                previous fiscal year (as defined in subparagraph (C)), 
                reduced by the reductions effected under subparagraph 
                (A) and paragraph (5) in visa numbers for the 
                particular fiscal year.
          ``(4) No reduction in number of spouses and children of 
        lawful permanent residents or parents of united states 
        citizens.--
                  ``(A) Spouses and children of lawful permanent 
                residents.--Any reductions in the worldwide family 
                level for a fiscal year under paragraph (2) or (3) 
                shall not reduce the number of visas available to 
                spouses and children of lawful permanent residents 
                below 85,000.
                  ``(B) Parents of united states citizens.--Any 
                reductions in the worldwide family level for a fiscal 
                year under paragraph (2) or (3) shall not reduce the 
                number of visas available to parents of United States 
                citizens below 25,000.
          ``(5) Adjustment in certain employment-based visa numbers in 
        case of remaining excess family admissions.--
                  ``(A) In general.--If there is a remaining excess 
                number of family admissions (as described in 
                subparagraph (B)) in a fiscal year (beginning with 
                fiscal year 1997) that is greater than zero, then for 
                the following fiscal year there shall be reductions in 
                immigrant visa numbers made available under subsection 
                (d) and section 203(b)(4) by the lesser of--
                          ``(i) the remaining excess number of family 
                        admissions (described in subparagraph (B)), or
                          ``(ii) \1/2\ of the maximum number of visa 
                        numbers that could (but for this paragraph) 
                        otherwise be made available under section 
                        203(b)(5) in such following fiscal year.
                  ``(B) Remaining excess number of family admissions 
                described.--For purposes of subparagraph (A), the 
                `remaining excess number of family admissions' in a 
                fiscal year is the net number of excess admissions for 
                the fiscal year (as defined in paragraph (3)(C)), 
                reduced by the reduction (if any) effected under 
                paragraph (3) in visa numbers for the succeeding fiscal 
                year.''.

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

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

SEC. 503. WORLDWIDE NUMERICAL LIMITATION ON DIVERSITY IMMIGRANTS.

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

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

  (a) In General.--Section 201 (8 U.S.C. 1151) is amended--
          (1) in subsection (a)--
                  (A) by striking ``and'' at the end of paragraph (2),
                  (B) by striking the period at the end of paragraph 
                (3) and inserting ``; and'', and
                  (C) by adding at the end the following new paragraph:
          ``(4) for fiscal years beginning with fiscal year 1997, 
        humanitarian immigrants described in section 203(e) (or who are 
        admitted under section 211(a) on the basis of a prior issuance 
        of a visa to their accompanying parent under section 203(e)) in 
        a number not to exceed in any fiscal year the number specified 
        in subsection (f) for that year, and not to exceed in any of 
        the first 3 quarters of any fiscal year 27 percent of the 
        worldwide level under such subsection for all of such fiscal 
        year.''; and
          (2) by adding at the end the following new subsection:
  ``(f) Worldwide Level of Humanitarian Immigrants.--
          ``(1) In general.--Subject to the succeeding provisions of 
        this subsection, the worldwide level of humanitarian immigrants 
        (in this subsection referred to as the `worldwide humanitarian 
        level') under this subsection for a fiscal year is equal to 
        70,000.
          ``(2) Reduction for humanitarian immigrants who are refugees 
        or asylees.--The worldwide humanitarian level for a fiscal year 
        shall be reduced by the sum of--
                  ``(A) 50,000, or, if less, the number of aliens who 
                were admitted as refugees under section 207 in the 
                previous fiscal year, and
                  ``(B) the number of aliens who had been granted 
                asylum whose status was adjusted in the previous fiscal 
                year under section 209(b).
          ``(3) Reduction for prior year cancellation of removal and 
        registry.--The worldwide humanitarian level for a fiscal year 
        shall be further reduced by the sum of--
                  ``(A) the number of aliens whose removal was canceled 
                and who were provided lawful permanent resident status 
                in the previous fiscal year under section 240A, and
                  ``(B) the number of aliens who were provided 
                permanent resident status in the previous fiscal year 
                under section 249.
          ``(4) Limitation.--In no case shall the worldwide 
        humanitarian level for a fiscal year (taking into account any 
        reductions under paragraphs (2) and (3)) exceed 10,000.''.
  (b) Transition.--In determining the worldwide humanitarian level 
under section 201(f) of the Immigration and Nationality Act for fiscal 
year 1997, the reference in paragraph (3)(A) of such section to 
`section 240A' is deemed a reference to `section 244(a)'.

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

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

                Subtitle B--Changes in Preference System

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

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

SEC. 512. CHANGE IN FAMILY-SPONSORED CLASSIFICATION.

  (a) In General.--Section 203(a) (8 U.S.C. 1153(a)) is amended by 
striking paragraphs (1) through (4) and inserting the following:
          ``(1) Spouses and children of lawful permanent resident 
        aliens.--Immigrants who are the spouses and children of an 
        alien lawfully admitted for permanent residence shall be 
        allocated visas in a number not to exceed 85,000, plus any 
        immigrant visas not used under paragraphs (2) and (3).
          ``(2) Parents of united states citizens.--
                  ``(A) In general.--Immigrants who are the parents of 
                an individual who is at least 21 years of age and a 
                citizen of the United States shall be allocated visas 
                in a number, which is not less than 25,000 and does not 
                exceed the lesser of--
                          ``(i) 45,000, or
                          ``(ii) the number by which the worldwide 
                        level exceeds 85,000.
                  ``(B) Reference to insurance requirement.--For 
                requirement relating to insurance for parents, see 
                section 212(a)(4)(D).
          ``(3) Adult sons and daughters.--
                  ``(A) In general.--Immigrants who are the qualifying 
                adult sons or daughters (as defined in subparagraph 
                (C)) of an individual who is (i) at least 21 years of 
                age and (ii) either a citizen of the United States or 
                an alien lawfully admitted for permanent residence 
                shall be allocated visas according to the levels 
                established in subparagraph (B).
                  ``(B) Allocation of visas to adult sons and daughters 
                of united states citizens and permanent resident 
                aliens.--
                          ``(i) In general.--Subject to clause (ii), 
                        any remaining visas shall be allocated under 
                        this paragraph in a number not to exceed the 
                        lesser of--
                                  ``(I) 5,000, or
                                  ``(II) the number by which the 
                                worldwide level exceeds the sum of 
                                85,000 and the number of immigrant 
                                visas used under paragraph (2).
                          ``(ii) Allocation of additional visa 
                        numbers.--
                                  ``(I) In general.--If the demand for 
                                visa numbers under this paragraph 
                                exceeds the number (if any) available 
                                under clause (i) in any fiscal year, an 
                                additional number of visas shall be 
                                made available under this paragraph, 
                                but not to exceed 5,000 additional 
                                visas numbers in any fiscal year.
                                  ``(II) Offsetting reduction in the 
                                levels of employment-based visas.--If 
                                an additional number of visa numbers 
                                are made available under subclause (I) 
                                in a fiscal year, the number of visas 
                                made available under section 201(a)(2) 
                                and paragraphs (1) through (6) of 
                                subsection (b) in the fiscal year shall 
                                be reduced by a number equal to such 
                                additional number reduced by the amount 
                                (if any) by which 110,000 exceeds the 
                                number of immigrant visas used under 
                                paragraphs (1) and (2) of this 
                                subsection in the fiscal year. The 
                                reduction under each such paragraph of 
                                subsection (b) shall be in the same 
                                proportion to the total reduction as 
                                the ratio of the numerical limitation 
                                under each such paragraph specified 
                                under such subsection to the worldwide 
                                level of employment-based immigrants 
                                (as specified in section 201(d)).
                  ``(C) Qualifications.--For purposes of this 
                paragraph, the term `qualifying adult son or daughter' 
                means an immigrant who, as of the date of approval of 
                the classification petition under section 204(a)(1)--
                          ``(i) is at least 21, but not more than 25 
                        years of age,
                          ``(ii) has never been married,
                          ``(iii) is childless, and
                          ``(iv) would qualify as a dependent of the 
                        petitioning individual for Federal income tax 
                        purposes, except that the immigrant does not 
                        meet the residence requirements.
                  ``(D) Three-year conditional requirement.--
                          ``(i) Conditional basis for status.--
                        Notwithstanding any other provision of this 
                        Act, an alien provided lawful permanent 
                        residence status on the basis of being a 
                        qualifying adult son or daughter shall be 
                        considered, at the time of obtaining the status 
                        of an alien lawfully admitted for permanent 
                        residence, to have obtained such status on a 
                        conditional basis subject to the provisions of 
                        this subparagraph.
                          ``(ii) Requirements of notice and petitioning 
                        for removal of conditional status.--The 
                        Attorney General shall establish, by 
                        regulation, procedures which incorporate the 
                        requirements of notice and petitioning for 
                        removal of conditional status similar to the 
                        requirements for removal of conditional status 
                        under section 216A.
                          ``(iii) Termination of status.--In the case 
                        of an alien with permanent resident status on a 
                        conditional basis under clause (i), the alien 
                        must demonstrate that the alien met the 
                        qualifications set forth in subparagraph (C) as 
                        of the date of approval of the classification 
                        petition under section 204(a). In the absence 
                        of such a demonstration by the alien, the 
                        alien's status shall be terminated.
                          ``(iv) Special rule.--In applying section 
                        216A under this subparagraph, any reference to 
                        the `second' anniversary in such section is 
                        deemed a reference to the `third' 
                        anniversary.''.
  (b) Insurance Requirement.--Section 212(a)(4) (8 U.S.C. 1182(a)(4)), 
as amended by section 621(a), is amended by adding at the end the 
following new subparagraph:
                  ``(D) Insurance requirements for parents.--
                          ``(i) In general.--Any alien who seeks 
                        admission as a parent under section 203(a)(2) 
                        is inadmissible unless the alien demonstrates 
                        at the time of issuance of the visa (and at the 
                        time of admission) to the satisfaction of the 
                        consular officer and the Attorney General that 
                        the alien--
                                  ``(I) will have coverage under an 
                                adequate health insurance policy (at 
                                least comparable to coverage provided 
                                under the medicare program under title 
                                XVIII of the Social Security Act), and
                                  ``(II) will have coverage with 
                                respect to long-term health needs (at 
                                least comparable to such coverage 
                                provided under the medicaid program 
                                under title XIX of such Act for the 
                                State in which either the alien intends 
                                to reside or in which the petitioner, 
                                on behalf of the alien under section 
                                204(a)(1), resides),
                        throughout the period the individual is 
                        residing in the United States.
                          ``(ii) Factors to be taken into account.--In 
                        making a determination under clause (i), the 
                        Attorney General shall take into account the 
                        age of the parent and the likelihood of the 
                        parent securing health insurance coverage 
                        through employment.''.

SEC. 513. CHANGE IN EMPLOYMENT-BASED CLASSIFICATION.

  (a) In General.--Section 203(b) (8 U.S.C. 1153(b)) is amended--
          (1) by redesignating paragraph (6) as paragraph (7);
          (2) by striking paragraphs (1) through (5) and inserting the 
        following:
          ``(1) Aliens with extraordinary ability.--Visas shall first 
        be made available in a number not to exceed 15,000 of such 
        worldwide level to immigrants--
                  ``(A) who have extraordinary ability in the sciences, 
                arts, education, business, or athletics which has been 
                demonstrated by sustained national or international 
                acclaim and whose achievements have been recognized in 
                the field through sufficient documentation,
                  ``(B) who seek to be admitted into the United States 
                to continue work in the area of extraordinary ability, 
                and
                  ``(C) whose admission into the United States will 
                substantially benefit prospectively the United States.
          ``(2) Aliens who are outstanding professors and researchers 
        or multinational executives and managers.--
                  ``(A) In general.--Visas shall be made available, in 
                a number not to exceed 30,000 of such worldwide level, 
                plus any visas not required for the class specified in 
                paragraph (1), to immigrants who are aliens described 
                in subparagraph (B) or (C).
                  ``(B) Outstanding professors and researchers.--An 
                alien is described in this subparagraph if--
                          ``(i) the alien is recognized internationally 
                        as outstanding in a specific academic area,
                          ``(ii) the alien has at least 3 years of 
                        experience in teaching or research in the 
                        academic area, and
                          ``(iii) the alien seeks to enter the United 
                        States--
                                  ``(I) for a tenured position (or 
                                tenure-track position) within a 
                                university or institution of higher 
                                education to teach in the academic 
                                area,
                                  ``(II) for a comparable position with 
                                a university or institution of higher 
                                education to conduct research in the 
                                area, or
                                  ``(III) for a comparable position to 
                                conduct research in the area with a 
                                department, division, or institute of a 
                                private employer, if the department, 
                                division, or institute employs at least 
                                3 persons full-time in research 
                                activities and has achieved documented 
                                accomplishments in an academic field.
                          ``(C) Certain multinational executives and 
                        managers.--An alien is described in this 
                        subparagraph if the alien, in the 3 years 
                        preceding the time of the alien's application 
                        for classification and admission into the 
                        United States under this subparagraph, has been 
                        employed for at least 1 year by a firm or 
                        corporation or other legal entity or an 
                        affiliate or subsidiary thereof and the alien 
                        seeks to enter the United States in order to 
                        continue to render services to the same 
                        employer or to a subsidiary or affiliate 
                        thereof in a capacity that is managerial or 
                        executive.
          ``(3) Aliens who are members of the professions holding 
        advanced degrees or aliens of exceptional ability.--
                  ``(A) In general.--Visas shall be made available, in 
                a number not to exceed 30,000 of such worldwide level, 
                plus any visas not required for the classes specified 
                in paragraphs (1) and (2), to immigrants who are aliens 
                described in subparagraph (B).
                  ``(B) Aliens who are members of the professions 
                holding advanced degrees or aliens of exceptional 
                ability.--
                          ``(i) In general.--An alien is described in 
                        this subparagraph if the alien is a member of a 
                        profession holding an advanced degree or its 
                        equivalent or who because of exceptional 
                        ability in the sciences, arts, or business will 
                        substantially benefit prospectively the 
                        national economy, cultural or educational 
                        interests, or welfare of the United States, and 
                        whose services in the sciences, arts, 
                        professions, or business are sought by an 
                        employer in the United States.
                          ``(ii) Determination of exceptional 
                        ability.--In determining under clause (i) 
                        whether an immigrant has exceptional ability, 
                        the possession of a degree, diploma, 
                        certificate, or similar award from a college, 
                        university, school, or other institution of 
                        learning or a license to practice or 
                        certification for a particular profession or 
                        occupation shall not by itself be considered 
                        sufficient evidence of such exceptional 
                        ability.
                          ``(iii) Labor certification required.--An 
                        immigrant visa may not be issued to an 
                        immigrant under this subparagraph until the 
                        consular officer is in receipt of a 
                        determination made by the Secretary of Labor 
                        pursuant to the provisions of section 
                        212(a)(5)(A).
                          ``(iv) National interest waiver.--The 
                        Attorney General may waive the requirement 
                        under clause (iii) and the requirement under 
                        clause (i) that an alien's services be sought 
                        by an employer in the United States only if--
                                  ``(I) such a waiver is necessary to 
                                substantially benefit--
                                          ``(aa) the national security, 
                                        national defense, or Federal, 
                                        State, or local law 
                                        enforcement;
                                          ``(bb) health care, housing, 
                                        or educational opportunities 
                                        for an indigent or low-income 
                                        population or in an underserved 
                                        geographical area;
                                          ``(cc) economic or employment 
                                        opportunities for a specific 
                                        industry or a specific 
                                        geographical area;
                                          ``(dd) the development of new 
                                        technologies; or
                                          ``(ee) environmental 
                                        protection or the productive 
                                        use of natural resources, and
                                  ``(II) the alien will engage in a 
                                specific undertaking to advance one or 
                                more of the interests under subclause 
                                (I).
          ``(4) Skilled workers and professionals.--
                  ``(A) In general.--Visas shall be made available, in 
                a number not to exceed 45,000 of such worldwide level, 
                plus any visas not required for the classes specified 
                in paragraphs (1) through (3) to immigrants who are 
                described in subparagraph (B) or (C).
                  ``(B) Skilled workers.--An alien described in this 
                subparagraph is an immigrant who is capable, at the 
                time a petition is filed, of performing skilled labor 
                (requiring at least 2 years of training or experience), 
                not of a temporary or seasonal nature, for which 
                qualified workers are not available in the United 
                States, and who has a total of 4 years of training or 
                experience (or both) with respect to such labor.
                  ``(C) Professionals.--
                          ``(i) In general.--An alien described in this 
                        subparagraph is an immigrant who holds a 
                        baccalaureate degree and is a member of the 
                        professions and, subject to clause (ii), has at 
                        least 2 years of experience in the profession 
                        after the receipt of the degree.
                          ``(ii) Special rule for language teachers.--
                        An alien who is a teacher and has (within the 
                        previous 5 years) at least 2 years of 
                        experience teaching a language (other than 
                        English) full-time at an accredited elementary 
                        or middle school may be classified and admitted 
                        as a professional under this subparagraph if 
                        the alien is seeking admission to teach such 
                        language full-time in an accredited elementary 
                        or middle school.
                  ``(D) Labor certification required.--An immigrant 
                visa may not be issued to an immigrant under this 
                paragraph until the consular officer is in receipt of a 
                determination made by the Secretary of Labor pursuant 
                to the provisions of section 212(a)(5)(A).
                  ``(E) Experience requirement.--Any period of 
                experience acquired as a nonimmigrant under section 
                101(a)(15)(E), 101(a)(15)(H)(i), or 101(a)(15)(L) may 
                be used to fulfill a requirement for experience under 
                this paragraph.
          ``(5) Investors in job creation.--
                  ``(A) In general.--Visas shall be made available, in 
                a number not to exceed 10,000 of such worldwide level 
                less the reduction in visa numbers under this paragraph 
                required to be effected under section 201(c)(5)(A) for 
                the fiscal year involved, to immigrants seeking to 
                enter the United States for the purpose of engaging in 
                a new commercial enterprise--
                          ``(i) which the alien has established,
                          ``(ii) in which the alien has invested (after 
                        the date of the enactment of the Immigration 
                        Act of 1990), or is actively in the process of 
                        investing, capital in an amount not less 
                        $1,000,000, and
                          ``(iii) which will benefit the United States 
                        economy and create full-time employment for not 
                        fewer than 10 United States citizens or aliens 
                        lawfully admitted for permanent residence or 
                        other immigrants lawfully authorized to be 
                        employed in the United States (other than the 
                        immigrant and the immigrant's spouse, sons, or 
                        daughters).
                  ``(B) Pilot program.--For each of fiscal years 1997 
                and 1998, up to 2,000 visas otherwise made available 
                under this paragraph shall be made available to 
                immigrants who would be described in subparagraph (A) 
                if `$500,000' were substituted for `$1,000,000' in 
                subparagraph (A)(ii) and if `for not fewer than 5' were 
                substituted for `for not fewer than 10' in subparagraph 
                (A)(iii). By not later than April 1, 1998, the Attorney 
                General shall submit to Congress a report on the 
                operation of this subparagraph and shall include in the 
                report information describing the immigrants admitted 
                under this paragraph and the enterprises they invest in 
                and a recommendation on whether the pilot program under 
                this subparagraph should be continued or modified.
          ``(6) Certain special immigrants.--Visas shall be made 
        available, in a number not to exceed 5,000 of such worldwide 
        level, to qualified special immigrants described in section 
        101(a)(27) (other than those described in subparagraph (A) 
        thereof), of which not more than 4,000 may be made available in 
        any fiscal year to special immigrants described in subclause 
        (II) or (III) of section 101(a)(27)(C)(ii).''; and
          (3) by adding at the end the following new paragraph:
          ``(8) Not counting work experience as an unauthorized 
        alien.--For purposes of this subsection, work experience 
        obtained in employment in the United States with respect to 
        which the alien was an unauthorized alien (as defined in 
        section 274A(h)(3)) shall not be taken into account.''.
  (b) Conditional Status for Certain Foreign Language Teachers.--
          (1) In general.--Title II is amended by inserting after 
        section 216A the following new section:

 ``conditional permanent resident status for certain foreign language 
                                teachers

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

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

SEC. 514. CHANGES IN DIVERSITY IMMIGRANT PROGRAM.

  (a) Application Only to 10 Countries with Highest Registrants.--
Section 203(c) (8 U.S.C. 1153(c)) is amended--
          (1) in paragraph (1)(B)(ii), by striking ``and'' at the end 
        of subclause (I), by striking the period at the end of 
        subclause (II) and inserting ``, and'', and by adding at the 
        end the following new subclause:
                                  ``(III) within each region, the 10 
                                foreign states which had the highest 
                                number of registrants for the diversity 
                                immigrant program under this subsection 
                                for the period beginning October 1, 
                                1994, and ending September 30, 1996, 
                                and which are not high-admission 
                                states.''; and
          (2) by adding at the end of paragraph (1)(E) the following 
        new clause:
                          ``(vi) Ten states eligible in each region.--
                        Only natives of the 10 states identified for 
                        each region in subparagraph (B)(ii)(III) are 
                        eligible for diversity visas.''.
  (b) Change in Definition of Region.--Section 203(c)(1)(F) (8 U.S.C. 
1153(c)(1)(F)) is amended--
          (1) by striking ``Northern Ireland shall be treated as a 
        separate foreign state,'',
          (2) by striking the comma after ``foreign state'',
          (3) in clause (iv), by striking ``(other than Mexico)'',
          (4) in clause (vi), by striking ``Mexico,''.
  (c) Establishing Job Offer Requirement.--Paragraph (2) of section 
203(c) (8 U.S.C. 1153(c)) is amended to read as follows:
          ``(2) Requirement of job offer and education or skilled 
        worker.--An alien is not eligible for a visa under this 
        subsection unless the alien--
                  ``(A) has a job offer in the United States which has 
                been verified;
                  ``(B) has at least a high school education or its 
                equivalent; and
                  ``(C) has at least 2 years of work experience in an 
                occupation which requires at least 2 years of 
                training.''.
  (d) Additional Provisions.--Section 203(c) (8 U.S.C. 1153) is further 
amended by adding at the end the following new paragraphs:
          ``(4) Fees.--Fees for the furnishing and verification of 
        applications for visas under this subsection and for the 
        issuance of visas under this subsection may be prescribed by 
        the Secretary of State in such amounts as are adequate to 
        compensate the Department of State for the costs of 
        administering the diversity immigrant program. Any such fees 
        collected may be deposited as an offsetting collection to the 
        appropriate Department of State appropriation to recover the 
        costs of such program and shall remain available for obligation 
        until expended.
          ``(5) Ineligibility of aliens unlawfully present in the 
        united states.--An alien who is unlawfully present in the 
        United States at the time of filing of an application, within 5 
        years prior to the filing of such application, or at any time 
        subsequent to the filing of the application is ineligible for a 
        visa under this subsection.''.

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

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

SEC. 516. CHANGES IN SPECIAL IMMIGRANT STATUS.

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

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

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

SEC. 518. ADULT DISABLED CHILDREN.

  Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amended--
          (1) in subparagraph (E) by striking ``or'' at the end,
          (2) in subparagraph (F) by striking the period at the end and 
        inserting ``; or'', and
          (3) by adding at the end the following new subparagraph:
          ``(G) a child of a citizen or national of the United States 
        or lawful permanent resident alien, regardless of age, who has 
        never been married, and who has a severe mental or physical 
        impairment, or combination of mental or physical impairments, 
        which--
                  ``(i) is likely to continue indefinitely; and
                  ``(ii) causes substantially total inability to 
                perform functions necessary for independent living, 
                including but not necessarily limited to 3 or more of 
                the following areas of major life activity--
                          ``(I) self-care,
                          ``(II) interpersonal communication,
                          ``(III) learning,
                          ``(IV) mobility, and
                          ``(V) self-direction:
        Provided, That no child may be considered to be a child within 
        the meaning of this subparagraph on the basis, in whole or in 
        part, of any physical or mental impairment that is not being 
        ameliorated through medical treatment to the maximum extent 
        reasonably possible given the ability and resources of such 
        child and the citizen, national, or lawful permanent resident 
        alien who is the child's parent.''.

SEC. 519. MISCELLANEOUS CONFORMING AMENDMENTS.

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

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

          (8) Subsection (a)(1)(E)(ii) of section 241 (8 U.S.C. 1251), 
        before redesignation as section 237 by section 305(a)(2), is 
        amended by striking ``an immediate relative'' and inserting ``a 
        spouse, child, or parent of a citizen of the United States 
        under section 201(b) or 203(a)(2)''.
          (9) Section 245(c) (8 U.S.C. 1255(c)) is amended by striking 
        ``an immediate relative as defined in section 201(b)'' and 
        inserting ``a spouse or child of a citizen of the United States 
        under section 201(b) or a parent of a citizen under section 
        203(a)(2)'' each place it appears.
          (10) Section 291 (8 U.S.C. 1361) is amended by striking 
        ``immigrant, special immigrant, immediate relative'' and 
        inserting ``immigrant status, special immigrant status, status 
        as a spouse or child of a citizen of the United States''.
          (11) Section 401 of the Immigration Reform and Control Act of 
        1986 is amended by striking ``immediate relatives'' and 
        inserting ``spouses and children of citizens''.
  (b) Conforming Amendments for Other Family-Sponsored Immigrants.--
          (1) Petitioning requirements.--Section 204 (8 U.S.C. 1154) is 
        amended--
                  (A) in subsection (a)(1)(A)(i), by striking 
                ``paragraph (1), (3), or (4)'' and inserting 
                ``paragraph (2) or (3)'';
                  (B) in subsection (a)(1)(B)(i), by striking ``section 
                203(a)(2)'' and inserting ``paragraph (1) or (3) of 
                section 203(a)(1)'';
                  (C) in clauses (ii) and (iii) of subsection 
                (a)(1)(B), by striking ``203(a)(2)(A)'' and inserting 
                ``203(a)(1)''; and
                  (D) in subsection (f)(1), by striking ``, 203(a)(1), 
                or 203(a)(3)'' and inserting ``or 203(a)(2)''.
          (2) Application of per country levels.--Section 202 (8 U.S.C. 
        1152) is amended--
                  (A) by amending paragraph (4) of subsection (a) to 
                read as follows:
          ``(4) Special rules for spouses and children of lawful 
        permanent resident aliens.--
                  ``(A) 75 percent of 1st preference not subject to per 
                country limitation.--Of the visa numbers made available 
                under section 203(a) to immigrants described in 
                paragraph (1) of that section in any fiscal year, 
                63,750 shall be issued without regard to the numerical 
                limitation under paragraph (2).
                  ``(B) Limiting pass down for certain countries 
                subject to subsection (e).--In the case of a foreign 
                state or dependent area to which subsection (e) 
                applies, if the total number of visas issued under 
                section 203(a)(1) exceeds the maximum number of visas 
                that may be made available to immigrants of the state 
                or area under such section consistent with subsection 
                (e) (determined without regard to this paragraph), in 
                applying paragraph (2) of section 203(a) under 
                subsection (e)(2) all visas shall be deemed to have 
                been required for the classes specified in paragraph 
                (1) of such section.''; and
                  (B) in subsection (e)--
                          (i) in paragraph (1), by inserting before the 
                        semicolon the following: ``(determined without 
                        regard to subsections (c)(4) and (d)(2) of 
                        section 201)'',
                          (ii) in paragraph (2), by striking 
                        ``paragraphs (1) through (4)'' and inserting 
                        ``paragraphs (1) and (2)'', and
                          (iii) in the last sentence, by striking 
                        ``203(a)(2)(A)'' and inserting ``203(a)(1)''.
          (3) Additional conforming amendments.--
                  (A) Subsection (d) of section 203 (8 U.S.C. 1153), 
                before redesignation by section 524(a)(1), is amended 
                by striking ``(a)'' and inserting ``(a)(2)''.
                  (B) Section 212(a)(6)(E)(ii) (8 U.S.C. 
                1182(a)(6)(E)(ii)) and subsection (a)(1)(E)(ii) of 
                section 241 (8 U.S.C. 1251)), before redesignation as 
                section 237 under section 305(a)(2), are each amended 
                by striking ``203(a)(2)'' and inserting ``203(a)(1)''.
                  (C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is 
                amended by striking ``immigrant under section 203(a) 
                (other than paragraph (4) thereof)'' and inserting ``an 
                immigrant under section 203(a)''.
                  (D) Section 216(g)(1)(C) (8 U.S.C. 1186a(g)(1)(C)) is 
                amended by striking ``203(a)(2)'' and inserting 
                ``203(a)(1)''.
                  (E) Section 2(c) of the Virgin Islands Nonimmigrant 
                Alien Adjustment Act of 1982 (Public Law 97-271) is 
                amended--
                          (i) in paragraph (2), by inserting ``or first 
                        or third family preference petitions'' after 
                        ``second preference petitions'';
                          (ii) in paragraph (3)(A), by striking ``or'' 
                        at the end;
                          (iii) in paragraph (3)(B), by striking the 
                        period at the end and inserting ``; or'';
                          (iv) by adding at the end of paragraph (3) 
                        the following new subparagraph:
          ``(C) by virtue of a first or third family preference 
        petition filed by an individual who was admitted to the United 
        States as an immigrant by virtue of a second family preference 
        petition filed by the son or daughter of the individual, if 
        that son or daughter had his or her status adjusted under this 
        section.''; and
                          (v) in paragraph (4), by striking ``on or 
                        after such date).'' and inserting the 
                        following: ``on or after such date and before 
                        October 1, 1996). For purposes of this 
                        subsection, the terms `first family preference 
                        petition', `second family preference petition', 
                        and `third family preference petition' mean, in 
                        the case of an alien, a petition filed under 
                        section 204(a) of the Act to grant preference 
                        status to the alien by reason of the 
                        relationship described in section 203(a)(1), 
                        203(a)(2), or 203(a)(3), respectively (as in 
                        effect on and after October 1, 1996).''.
  (c) Conforming Amendments Relating to Employment-Based Immigrants.--
          (1) Treatment of special k immigrants.--Subparagraph (B) of 
        section 203(b)(7) (8 U.S.C. 1153(b)(7)), as redesignated by 
        section 513(a)(1), is amended--
                  (A) in clause (i), by striking ``and (3) shall each 
                be reduced by \1/3\'' and inserting ``(3), and (4) 
                shall each be reduced by the same proportion, as the 
                proportion (of the visa numbers made available under 
                all such paragraphs) that were made available under 
                each respective paragraph,'', and
                  (B) in clause (iii), by striking ``(3) of this 
                subsection in the fiscal year shall be reduced by \1/
                3\'' and inserting ``(4) in the fiscal year reduced by 
                the same proportion, as the proportion (of the visa 
                numbers made available under all such paragraphs to 
                natives of the foreign state) that were made available 
                under each respective paragraph to such natives,''.
          (2) Conforming amendments relating to petitioning rights.--
        Section 204(a)(1) (8 U.S.C. 1154(a)(1)) is amended--
                  (A) in subparagraph (C), by striking ``203(b)(1)(A)'' 
                and inserting ``203(b)(1)'';
                  (B) in subparagraph (D), by striking ``section 
                203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 203(b)(3)'' 
                and inserting ``section 203(b)(2), 203(b)(3), or 
                203(b)(4)'';
                  (C) in subparagraph (E)(i), by striking ``203(b)(4)'' 
                and inserting ``203(b)(6)''; and
                  (D) by redesignating subparagraphs (E) and (F) as 
                subparagraphs (F) and (E), respectively, and by moving 
                subparagraph (E) (as so redesignated) to precede 
                subparagraph (F) (as so redesignated).
          (3) Ground for inadmissibility.--Section 212(a)(5)(C) (8 
        U.S.C. 1182(a)(5)(C)) is amended by striking ``(2) or (3)'' and 
        inserting ``(3) or (4)''.
          (4) Other conforming amendments.--
                  (A) Section 202(e)(3) (8 U.S.C. 1152(e)(3)) is 
                amended by striking ``through (5)'' and inserting 
                ``through (6)''.
                  (B) Section 245(j)(3) (8 U.S.C. 1255(j)(3)), as added 
                by section 130003(c)(1) Violent Crime Control and Law 
                Enforcement Act of 1994 (Public Law 103-322) and as 
                redesignated by section 851(a)(3)(A) of this Act, is 
                amended by striking ``203(b)(4)'' and inserting 
                ``203(b)(6)''.
                  (C) Section 154(b)(1)(B)(i) of the Immigration Act of 
                1990 is amended by striking ``1991)'' and inserting 
                ``1991, and before October 1, 1996) or under section 
                203(a), 203(b)(1), or 203(b)(2) (as in effect on and 
                after October 1, 1996)''.
                  (D) Section 206(a) of the Immigration Act of 1990 is 
                amended by striking ``203(b)(1)(C)'' and inserting 
                ``203(b)(2)(C)''.
                  (E) Section 2(d)(2)(A) of the Chinese Student 
                Protection Act of 1992 (Public Law 102-404) is amended 
                by striking ``203(b)(3)(A)(i)'' and inserting 
                ``203(b)(4)(B)''.
                  (F) The Soviet Scientists Immigration Act of 1992 
                (Public Law 102-509) is amended--
                          (i) in sections 3 and 4(a), by striking 
                        ``203(b)(2)(A) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(b)(2)(A))'' and 
                        inserting ``203(b)(3)(B)(i) of the Immigration 
                        and Nationality Act (8 U.S.C. 
                        1153(b)(3)(B)(i))'', and
                          (ii) in section 4(c), by striking 
                        ``203(b)(2)(A) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(b)(2)(A))'' and 
                        inserting ``203(b)(3) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(b)(2))''.
  (d) Repeal of Certain Outdated Provisions.--The following provisions 
of law are repealed:
          (1) Section 9 of Public Law 94-571 (90 Stat. 2707).
          (2) Section 19 of Public Law 97-116 (95 Stat. 1621).

       Subtitle C--Refugees, Parole, and Humanitarian Admissions

SEC. 521. CHANGES IN REFUGEE ANNUAL ADMISSIONS.

  (a) In General.--Paragraphs (1) and (2) of section 207(a) (8 U.S.C. 
1157(a)) are amended to read as follows:
  ``(1) Except as provided in paragraph (2) and subsection (b), the 
number of refugees who may be admitted under this section in any fiscal 
year shall be such number as the President determines, before the 
beginning of the fiscal year and after appropriate consultation, is 
justified by humanitarian concerns or is otherwise in the national 
interest.
  ``(2)(A) Except as provided in subparagraph (B), the number 
determined under paragraph (1) for a fiscal year may not exceed--
          ``(i) 75,000 in the case of fiscal year 1997, or
          ``(ii) 50,000 in the case of any succeeding fiscal year.
  ``(B) The number determined under paragraph (1) for a fiscal year may 
exceed the limit specified under subparagraph (A) if Congress enacts a 
law providing for a higher number.''.
  (b) Admissions in Emergency Refugee Situations and Timing of the 
Refugee Consultation Process.--
          (1) Section 207(b) (8 U.S.C. 1157(b)) and section 
        207(d)(3)(B) (8 U.S.C. 1157(d)(3)(B)) are amended by striking 
        ``unforeseen''.
          (2) Section 207(d)(1) (8 U.S.C. 1157(d)(1)) is amended by 
        striking ``Before the start of each fiscal year'' and inserting 
        ``Before June 1 of the preceding fiscal year''.
          (3) Section 207(e) (8 U.S.C. 1157(e)) is amended by adding at 
        the end the following:
``Such discussions shall occur before July 1 of the fiscal year 
preceding the fiscal year of admissions, except that discussions 
relating to an emergency refugee situation shall occur not more than 30 
days after the President proposes admissions in response to the 
emergency.''.
  (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply beginning with fiscal year 1997.

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

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

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

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

SEC. 524. ADMISSION OF HUMANITARIAN IMMIGRANTS.

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

                       Subtitle D--Asylum Reform

SEC. 531. ASYLUM REFORM.

  (a) Asylum Reform.--Section 208 (8 U.S.C. 1158) is amended to read as 
follows:
                                ``asylum
  ``Sec. 208. (a) Authority to Apply for Asylum.--
          ``(1) In general.--Any alien who is physically present in the 
        United States or who arrives in the United States (whether or 
        not at a designated port of arrival), irrespective of such 
        alien's status, may apply for asylum in accordance with this 
        section.
          ``(2) Exceptions.--
                  ``(A) Safe third country.--Paragraph (1) shall not 
                apply to an alien if the Attorney General determines 
                that the alien may be removed, including pursuant to a 
                bilateral or multilateral agreement, to a country 
                (other than the country of the alien's nationality or, 
                in the case of an alien having no nationality, the 
                country of the alien's last habitual residence) in 
                which the alien's life or freedom would not be 
                threatened on account of race, religion, nationality, 
                membership in a particular social group, or political 
                opinion, and where the alien would have access to a 
                full and fair procedure for determining a claim to 
                asylum or equivalent temporary protection, unless the 
                Attorney General finds that it is in the public 
                interest for the alien to receive asylum in the United 
                States.
                  ``(B) Time limit.--Paragraph (1) shall not apply to 
                an alien unless the alien demonstrates by clear and 
                convincing evidence that the application has been filed 
                within 30 days after the alien's arrival in the United 
                States.
                  ``(C) Previous asylum applications.--Paragraph (1) 
                shall not apply to an alien if the alien has previously 
                applied for asylum and had such application denied.
                  ``(D) Changed conditions.--An application for asylum 
                of an alien may be considered, notwithstanding 
                subparagraphs (B) and (C), if the alien demonstrates to 
                the satisfaction of the Attorney General the existence 
                of fundamentally changed circumstances which affect the 
                applicant's eligibility for asylum.
          ``(3) Limitation on judicial review.--No court shall have 
        jurisdiction to review a determination of the Attorney General 
        under paragraph (2).
  ``(b) Conditions for Granting Asylum.--
          ``(1) In general.--The Attorney General may grant asylum to 
        an alien who has applied for asylum in accordance with the 
        requirements and procedures established by the Attorney General 
        under this section if the Attorney General determines that such 
        alien is a refugee within the meaning of section 101(a)(42)(A).
          ``(2) Exceptions.--
                  ``(A) In general.--Paragraph (1) shall not apply to 
                an alien if the Attorney General determines that--
                          ``(i) the alien ordered, incited, assisted, 
                        or otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion;
                          ``(ii) the alien, having been convicted by a 
                        final judgment of a particularly serious crime, 
                        constitutes a danger to the community of the 
                        United States;
                          ``(iii) there are serious reasons for 
                        believing that the alien has committed a 
                        serious nonpolitical crime outside the United 
                        States prior to the arrival of the alien in the 
                        United States;
                          ``(iv) there are reasonable grounds for 
                        regarding the alien as a danger to the security 
                        of the United States;
                          ``(v) the alien is inadmissible under 
                        subclause (I), (II), (III), or (IV) of section 
                        212(a)(3)(B)(i) or removable under section 
                        237(a)(4)(B) (relating to terrorist activity), 
                        unless, in the case only of an alien 
                        inadmissible under subclause (IV) of section 
                        212(a)(3)(B)(i), the Attorney General 
                        determines, in the Attorney General's 
                        discretion, that there are not reasonable 
                        grounds for regarding the alien as a danger to 
                        the security of the United States; or
                          ``(vi) the alien was firmly resettled in 
                        another country prior to arriving in the United 
                        States.
                  ``(B) Special rules.--
                          ``(i) Conviction of aggravated felony.--For 
                        purposes of clause (ii) of subparagraph (A), an 
                        alien who has been convicted of an aggravated 
                        felony shall be considered to have been 
                        convicted of a particularly serious crime.
                          ``(ii) Offenses.--The Attorney General may 
                        designate by regulation offenses that will be 
                        considered to be a crime described in clause 
                        (ii) or (iii) of subparagraph (A).
                  ``(C) Additional limitations.--The Attorney General 
                may by regulation establish additional limitations and 
                conditions under which an alien shall be ineligible for 
                asylum under paragraph (1).
                  ``(D) No judicial review.--There shall be no judicial 
                review of a determination of the Attorney General under 
                subparagraph (A)(v).
          ``(3) Treatment of spouse and children.--A spouse or child 
        (as defined in section 101(b)(1)(A), (B), (C), (D), or (E)) of 
        an alien who is granted asylum under this subsection may, if 
        not otherwise eligible for asylum under this section, be 
        granted the same status as the alien if accompanying, or 
        following to join, such alien.
  ``(c) Asylum Status.--
          ``(1) In general.--In the case of an alien granted asylum 
        under subsection (b), the Attorney General--
                  ``(A) shall not remove or return the alien to the 
                alien's country of nationality or, in the case of a 
                person having no nationality, the country of the 
                alien's last habitual residence;
                  ``(B) shall authorize the alien to engage in 
                employment in the United States and provide the alien 
                with appropriate endorsement of that authorization; and
                  ``(C) may allow the alien to travel abroad with the 
                prior consent of the Attorney General.
          ``(2) Termination of asylum.--Asylum granted under subsection 
        (b) does not convey a right to remain permanently in the United 
        States, and may be terminated if the Attorney General 
        determines that--
                  ``(A) the alien no longer meets the conditions 
                described in subsection (b)(1) owing to a fundamental 
                change in circumstances;
                  ``(B) the alien meets a condition described in 
                subsection (b)(2);
                  ``(C) the alien may be removed, including pursuant to 
                a bilateral or multilateral agreement, to a country 
                (other than the country of the alien's nationality or, 
                in the case of an alien having no nationality, the 
                country of the alien's last habitual residence) in 
                which the alien cannot establish that it is more likely 
                than not that the alien's life or freedom would be 
                threatened on account of race, religion, nationality, 
                membership in a particular social group, or political 
                opinion, and where the alien is eligible to receive 
                asylum or equivalent temporary protection;
                  ``(D) the alien has voluntarily availed himself or 
                herself of the protection of the alien's country of 
                nationality or, in the case of an alien having no 
                nationality, the alien's country of last habitual 
                residence, by returning to such country with permanent 
                resident status or the reasonable possibility of 
                obtaining such status with the same rights and 
                obligations pertaining to other permanent residents of 
                that country; or
                  ``(E) the alien has acquired a new nationality and 
                enjoys the protection of the country of his new 
                nationality.
          ``(3) Removal when asylum is terminated.--An alien described 
        in paragraph (2) is subject to any applicable grounds of 
        inadmissibility or deportability under section 212(a) and 
        237(a), and the alien's removal or return shall be directed by 
        the Attorney General in accordance with sections 240 and 241.
          ``(4) Limitation on judicial review.--No court shall have 
        jurisdiction to review a determination of the Attorney General 
        under paragraph (2).
  ``(d) Asylum Procedure.--
          ``(1) Applications.--The Attorney General shall establish a 
        procedure for the consideration of asylum applications filed 
        under subsection (a). An application for asylum shall not be 
        considered unless the alien submits fingerprints and a 
        photograph in a manner to be determined by regulation by the 
        Attorney General.
          ``(2) Employment.--An applicant for asylum is not entitled to 
        employment authorization, but such authorization may be 
        provided under regulation by the Attorney General. An applicant 
        who is not otherwise eligible for employment authorization 
        shall not be granted such authorization prior to 180 days after 
        the date of filing of the application for asylum.
          ``(3) Fees.--The Attorney General may impose fees for the 
        consideration of an application for asylum, for employment 
        authorization under this section, and for adjustment of status 
        under section 209(b). The Attorney General may provide for the 
        assessment and payment of such fees over a period of time or by 
        installments. Nothing in this paragraph shall be construed to 
        require the Attorney General to charge fees for adjudication 
        services provided to asylum applicants, or to limit the 
        authority of the Attorney General to set adjudication and 
        naturalization fees in accordance with section 286(m).
          ``(4) Notice of privilege of counsel and consequences of 
        frivolous application.--At the time of filing an application 
        for asylum, the Attorney General shall--
                  ``(A) advise the alien of the privilege of being 
                represented by counsel and of the consequences, under 
                paragraph (6), of knowingly filing a frivolous 
                application for asylum; and
                  ``(B) provide the alien a list of persons (updated 
                not less often than quarterly) who have indicated their 
                availability to represent aliens in asylum proceedings 
                on a pro bono basis.
          ``(5) Consideration of asylum applications.--
                  ``(A) Procedures.--The procedure established under 
                paragraph (1) shall provide that--
                          ``(i) asylum cannot be granted until the 
                        identity of the applicant has been checked 
                        against all appropriate records or databases 
                        maintained by the Attorney General and by the 
                        Secretary of State, including the Automated 
                        Visa Lookout System, to determine any grounds 
                        on which the alien may be inadmissible to or 
                        deportable from the United States, or 
                        ineligible to apply for or be granted asylum;
                          ``(ii) in the absence of exceptional 
                        circumstances, the initial interview or hearing 
                        on the asylum application shall commence not 
                        later than 45 days after the date an 
                        application is filed;
                          ``(iii) in the absence of exceptional 
                        circumstances, final administrative 
                        adjudication of the asylum application, not 
                        including administrative appeal, shall be 
                        completed within 180 days after the date an 
                        application is filed;
                          ``(iv) any administrative appeal shall be 
                        filed within 30 days of a decision granting or 
                        denying asylum, or within 30 days of the 
                        completion of removal proceedings before an 
                        immigration judge under section 240, whichever 
                        is later; and
                          ``(v) in the case of an applicant for asylum 
                        who fails without prior authorization or in the 
                        absence of exceptional circumstances to appear 
                        for an interview or hearing, including a 
                        hearing under section 240, the application may 
                        be dismissed or the applicant may be otherwise 
                        sanctioned for such failure.
                  ``(B) Additional regulatory conditions.--The Attorney 
                General may provide by regulation for any other 
                conditions or limitations on the consideration of an 
                application for asylum not inconsistent with this Act.
          ``(6) Frivolous applications.--
                  ``(A) In general.--If the Attorney General determines 
                that an alien has knowingly made a frivolous 
                application for asylum and the alien has received the 
                notice under paragraph (4)(A), the alien shall be 
                permanently ineligible for any benefits under this Act, 
                effective as of the date of a final determination on 
                such application.
                  ``(B) Material misrepresentations.--An application 
                shall be considered to be frivolous if the Attorney 
                General determines that the application contains a 
                willful misrepresentation or concealment of a material 
                fact.
          ``(7) No private right of action.--Nothing in this subsection 
        shall be construed to create any substantive or procedural 
        right or benefit that is legally enforceable by any party 
        against the United States or its agencies or officers or any 
        other person.''.
  (b) Conforming and Clerical Amendments.--
          (1) The item in the table of contents relating to section 208 
        is amended to read as follows:

``Sec. 208. Asylum.''.

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

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

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

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

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

       Subtitle E--General Effective Date; Transition Provisions

SEC. 551. GENERAL EFFECTIVE DATE.

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

SEC. 552. GENERAL TRANSITION FOR CURRENT CLASSIFICATION PETITIONS.

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

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

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

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

  (a) Disregard of Per Country Limits for Last Half of Fiscal Year 
1996.--The per country numerical limitations specified in section 
202(a) of the Immigration and Nationality Act shall not apply to 
immigrant numbers made available under section 203(a)(1) of such Act 
(as in effect before the date of the enactment of this Act) on or after 
April 1, 1996, but only to the extent necessary to assure that the 
priority date for aliens classified under such section who are 
nationals of a country is not earlier than the priority date for aliens 
classified under section 203(a)(2)(B) of such Act for aliens who are 
nationals of that country.
  (b) Additional Visa Numbers Potentially Available To Assure Equitable 
Treatment for Unmarried Sons and Daughters of United States Citizens.--
          (1) In general.--In addition to any immigrant visa otherwise 
        available, immigrant visa numbers shall be made available 
        during fiscal year 1997 for disadvantaged family first 
        preference aliens (as defined in paragraph (2)) and for spouses 
        and children of such aliens who would otherwise be eligible to 
        immigrant status under section 203(e) of the Immigration and 
        Nationality Act in relation to such aliens if the aliens 
        remained entitled to immigrant status under section 203(a) of 
        such Act.
          (2) Disadvantaged family first preference alien defined.--In 
        this subsection, the term ``disadvantaged family first 
        preference alien'' means an alien--
                  (A) with respect to whom a petition for 
                classification under section 203(a)(1) of the 
                Immigration and Nationality Act (as in effect on the 
                date of the enactment of this Act) was approved as of 
                September 30, 1996, and
                  (B) whose priority date, as of September 30, 1996, 
                under such classification was earlier than the priority 
                date as of such date for aliens of the same nationality 
                with respect to whom a petition for classification 
                under section 203(a)(2)(B) of such Act (as in effect on 
                such date) had been approved.
          (3) Disregard of per country numerical limitations.--
        Additional visa numbers made available under this subsection 
        shall not be taken into account for purposes of applying any 
        numerical limitation applicable to the country under section 
        202 of such Act, and visa numbers made available under this 
        subsection shall not be counted in determining whether there 
        are excess family admissions in a fiscal year under section 
        201(c)(3)(B) of the Immigration and Nationality Act (as amended 
        by section 501(b) of this Act).

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

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

             TITLE VI--RESTRICTIONS ON BENEFITS FOR ALIENS

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

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

     Subtitle A--Eligibility of Illegal Aliens for Public Benefits

                   PART 1--PUBLIC BENEFITS GENERALLY

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

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

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

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

SEC. 603. GENERAL EXCEPTIONS.

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

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

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

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

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

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

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

SEC. 607. PAYMENT OF PUBLIC ASSISTANCE BENEFITS.

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

SEC. 608. DEFINITIONS.

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

SEC. 609. REGULATIONS AND EFFECTIVE DATES.

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

                    PART 2--EARNED INCOME TAX CREDIT

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

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

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

SEC. 621. GROUND FOR INADMISSIBILITY.

  (a) In General.--Paragraph (4) of section 212(a) (8 U.S.C. 1182(a)) 
is amended to read as follows:
          ``(4) Public charge.--
                  ``(A) Family-sponsored immigrants.--Any alien who 
                seeks admission or adjustment of status under a visa 
                number issued under section 203(a), who cannot 
                demonstrate to the consular officer at the time of 
                application for a visa, or to the Attorney General at 
                the time of application for admission or adjustment of 
                status, that the alien's age, health, family status, 
                assets, resources, financial status, education, skills, 
                or a combination thereof, or an affidavit of support 
                described in section 213A, or both, make it unlikely 
                that the alien will become a public charge (as 
                determined under section 241(a)(5)(B)) is inadmissible.
                  ``(B) Nonimmigrants.--Any alien who seeks admission 
                under a visa number issued under section 214, who 
                cannot demonstrate to the consular officer at the time 
                of application for the visa that the alien's age, 
                health, family status, assets, resources, financial 
                status, education, skills or a combination thereof, or 
                an affidavit of support described in section 213A, or 
                both, make it unlikely that the alien will become a 
                public charge (as determined under section 
                241(a)(5)(B)) is inadmissible.
                  ``(C) Employment-based immigrants.--
                          ``(i) In general.--Any alien who seeks 
                        admission or adjustment of status under a visa 
                        number issued under paragraph (2) or (3) of 
                        section 203(b) who cannot demonstrate to the 
                        consular officer at the time of application for 
                        a visa, or to the Attorney General at the time 
                        of application for admission or adjustment of 
                        status, that the immigrant has a valid offer of 
                        employment is inadmissible.
                          ``(ii) Certain employment-based immigrants.--
                        Any alien who seeks admission or adjustment of 
                        status under a visa number issued under section 
                        203(b) by virtue of a classification petition 
                        filed by a relative of the alien (or by an 
                        entity in which such relative has a significant 
                        ownership interest) is inadmissible unless such 
                        relative has executed an affidavit of support 
                        described in section 213A with respect to such 
                        alien.''.
  (b) Effective Date.--(1) Subject to paragraph (2), the amendment made 
by subsection (a) shall apply to applications submitted on or after 
such date, not earlier than 30 days and not later than 60 days after 
the date the Attorney General promulgates under section 632(f) a 
standard form for an affidavit of support, as the Attorney General 
shall specify.
  (2) Section 212(a)(4)(C)(i) of the Immigration and Nationality Act, 
as amended by subsection (a), shall apply only to aliens seeking 
admission or adjustment of status under a visa number issued on or 
after October 1, 1996.

SEC. 622. GROUND FOR DEPORTABILITY.

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

      Subtitle C--Attribution of Income and Affidavits of Support

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

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

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

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

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

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

                 TITLE VII--FACILITATION OF LEGAL ENTRY

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

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

SEC. 702. COMMUTER LANE PILOT PROGRAMS.

  (a) Making Land Border Inspection Fee Permanent.--Section 286(q) (8 
U.S.C. 1356(q)) is amended--
          (1) in paragraph (1), by striking ``a project'' and inserting 
        ``projects'';
          (2) in paragraph (1), by striking ``Such project'' and 
        inserting ``Such projects''; and
          (3) by striking paragraph (5).
  (b) Conforming Amendment.--The Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriation Act, 1994 
(Public Law 103-121, 107 Stat. 1161) is amended by striking the fourth 
proviso under the heading ``Immigration and Naturalization Service, 
Salaries and Expenses''.

SEC. 703. PREINSPECTION AT FOREIGN AIRPORTS.

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

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

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

  (a) Use of Funds.--Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is 
amended--
          (1) in clause (iv), by inserting ``, including training of, 
        and technical assistance to, commercial airline personnel 
        regarding such detection'' after ``United States'', and
          (2) by adding at the end the following:
``The Attorney General shall provide for expenditures for training and 
assistance described in clause (iv) in an amount, for any fiscal year, 
not less than 5 percent of the total of the expenses incurred that are 
described in the previous sentence.''.
  (b) Compliance With Detection Regulations.--Section 212(f) (8 U.S.C. 
1182(f)) is amended by adding at the end the following: ``Whenever the 
Attorney General finds that a commercial airline has failed to comply 
with regulations of the Attorney General relating to requirements of 
airlines for the detection of fraudulent documents used by passengers 
traveling to the United States (including the training of personnel in 
such detection), the Attorney General may suspend the entry of some or 
all aliens transported to the United States by such airline.''.
  (c) Effective Dates.--
          (1) The amendments made by subsection (a) shall apply to 
        expenses incurred during or after fiscal year 1996.
          (2) The Attorney General shall first issue, in proposed form, 
        regulations referred to in the second sentence of section 
        212(f) of the Immigration and Nationality Act, as added by the 
        amendment made by subsection (b), by not later than 90 days 
        after the date of the enactment of this Act.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

     Subtitle A--Amendments to the Immigration and Nationality Act

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

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

SEC. 802. AMENDED DEFINITION OF AGGRAVATED FELONY.

  (a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)), as 
amended by section 222 of the Immigration and Nationality Technical 
Corrections Act of 1994 (Public Law 103-416), is amended--
          (1) in subparagraph (N), by striking ``of title 18, United 
        States Code'' and inserting ``of this Act'', and
          (2) in subparagraph (O), by striking ``which constitutes'' 
        and all that follows up to the semicolon at the end and 
        inserting ``, for the purpose of commercial advantage''.
  (b) Effective Date of Conviction.--Section 101(a)(43) (8 U.S.C. 
1101(a)(43)), as amended by section 222(a) of the Immigration and 
Nationality Technical Corrections Act of 1994 (Public Law 103-416), is 
amended by adding at the end the following sentence: ``Notwithstanding 
any other provision of law, the term applies for all purposes to 
convictions entered before, on, or after the date of enactment of the 
Immigration and Nationality Technical Corrections Act of 1994.''.
  (c) Effective Date.--The amendments made by this section shall be 
effective as if included in the enactment of the Immigration and 
Nationality Technical Corrections Act of 1994 (Public Law 103-416).

SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.

  (a) In General.--Section 202(a) (8 U.S.C. 1152(a)), as amended by 
section 524(d), is amended--
          (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (6)'', and
          (2) by adding at the end the following new paragraph:
          ``(6) Construction.--Nothing in paragraph (1) shall be 
        construed to limit the authority of the Secretary of State to 
        determine the procedures for the processing of immigrant visa 
        applications or the locations where such applications will be 
        processed.''.
  (b) Elimination of Consulate Shopping for Visa Overstays.--Section 
222 (8 U.S.C. 1202) is amended by adding at the end the following new 
subsection:
  ``(g) In the case of an alien who has entered and remained in the 
United States beyond the authorized period of stay, the alien is not 
eligible to be admitted to the United States as a nonimmigrant on the 
basis of a visa issued other than in a consular office located in the 
country of the alien's nationality (or, if there is no office in such 
country, at such other consular office as the Secretary of State shall 
specify).''.
  (c) Effective Date.--The amendments made by this section shall apply 
to visas issued before, on, or after the date of the enactment of this 
Act.

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

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

SEC. 805. TREATMENT OF CANADIAN LANDED IMMIGRANTS.

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

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

  (a) Provisions Relating to Wage Determinations.--Section 212(n) (8 
U.S.C. 1182(n)) is amended by adding at the end the following new 
paragraphs:
  ``(3) For purposes of determining the actual wage level paid under 
paragraph (1)(A)(i)(I), an employer shall not be required to have and 
document an objective system to determine the wages of workers.
  ``(4) For purposes of determining the actual wage level paid under 
paragraph (1)(A)(i)(I), a non-H-1B-dependent employer of more than 
1,000 full-time equivalent employees in the United States may 
demonstrate that in determining the wages of H-1B nonimmigrants, it 
utilizes a compensation and benefits system that has been previously 
certified by the Secretary of Labor (and recertified at such intervals 
the Secretary of Labor may designate) to satisfy all of the following 
conditions:
          ``(A) The employer has a company-wide compensation policy for 
        its full-time equivalent employees which ensures salary equity 
        among employees similarly employed.
          ``(B) The employer has a company-wide benefits policy under 
        which all full-time equivalent employees similarly employed are 
        eligible for substantially the same benefits or under which 
        some employees may accept higher pay, at least equal in value 
        to the benefits, in lieu of benefits.
          ``(C) The compensation and benefits policy is communicated to 
        all employees.
          ``(D) The employer has a human resources or compensation 
        function that administers its compensation system.
          ``(E) The employer has established documentation for the job 
        categories in question.
An employer's payment of wages consistent with a system which meets the 
conditions of subparagraphs (A) through (E) of this paragraph which has 
been certified by the Secretary of Labor pursuant to this paragraph 
shall be deemed to satisfy the requirements of paragraph (1)(A)(i)(I).
  ``(5) For purposes of determining the prevailing wage level paid 
under paragraph (1)(A)(i)(II), employers may provide a published 
survey, a State Employment Security Agency determination, a 
determination by an accepted private source, or any other legitimate 
source. The Secretary of Labor shall, not later than 180 days from the 
date of enactment of this paragraph, provide for acceptance of 
prevailing wage determinations not made by a State Employment Security 
Agency. The Secretary of Labor or the Secretary's designate must either 
accept such a non-State Employment Security Agency wage determination 
or issue a written decision rejecting the determination and detailing 
the legitimate reasons that the determination is not acceptable. If a 
detailed rejection is not issued within 45 days of the date of the 
Secretary's receipt of such determination, the determination will be 
deemed accepted. An employer's payment of wages consistent with a 
prevailing wage determination not rejected by the Secretary of Labor 
under this paragraph shall be deemed to satisfy the requirements of 
paragraph (1)(A)(i)(II).''.
  (b) Inapplicability of Certain Regulations to Non-H-1B-Dependent 
Employers.--
          (1) Definition of h-1b-dependent employer.--Section 212(n)(2) 
        (8 U.S.C. 1182(n)(2)) is amended by inserting after 
        subparagraph (D) the following new subparagraphs:
  ``(E) In this subsection, the term `H-1B-dependent employer' means an 
employer that--
          ``(i)(I) has fewer than 21 full-time equivalent employees who 
        are employed in the United States, and (II) employs 4 or more 
        H-1B nonimmigrants; or
          ``(ii)(I) has at least 21 but not more than 150 full-time 
        equivalent employees who are employed in the United States, and 
        (II) employs H-1B nonimmigrants in a number that is equal to at 
        least 20 percent of the number of such full-time equivalent 
        employees; or
          ``(iii)(I) has at least 151 full-time equivalent employees 
        who are employed in the United States, and (II) employs H-1B 
        nonimmigrants in a number that is equal to at least 15 percent 
        of the number of such full-time equivalent employees.
In applying this subparagraph, any group treated as a single employer 
under subsection (b), (c), (m), or (o) of section 414 of the Internal 
Revenue Code of 1986 shall be treated as a single employer. Aliens 
employed under a petition for H-1B nonimmigrants shall be treated as 
employees, and counted as nonimmigrants under section 
101(a)(15)(H)(i)(b) under this subparagraph. In this subsection, the 
term `non-H-1B-dependent employer' means an employer that is not an H-
1B-dependent employer.
  ``(F)(i) An employer who is an H-1B-dependent employer as defined in 
subparagraph (E) can nevertheless be treated as a non-H-1B-dependent 
employer for five years on a probationary status if--
          ``(I) the employer has demonstrated to the satisfaction of 
        the Secretary of Labor that it has developed a reasonable plan 
        for reducing its use of H-1B nonimmigrants over a five-year 
        period to the level of a non-H-1B-dependent employer, and
          ``(II) annual reviews of that plan by the Secretary of Labor 
        indicate successful implementation of that plan.
If the employer has not met the requirements established in this 
clause, the probationary status ends and the employer shall be treated 
as an H-1B-dependent employer until such time as the employer can prove 
to the Secretary of Labor that it no longer is an H-1B-dependent 
employer as defined in subparagraph (E).
  ``(ii) The probationary program set out in clause (i) shall be 
effective for no longer than five years after the date of the enactment 
of this subparagraph.''.
          (2) Limiting application of certain requirements for non-h-
        1b-dependent employers.--Section 212(n) (8 U.S.C. 1182(n)), as 
        amended by subsection (a), is further amended by adding at the 
        end the following new paragraph:
  ``(6) In carrying out this subsection in the case of an employer that 
is a non-H-1B-dependent employer--
          ``(A) the employer is not required to post a notice at a 
        worksite that was not listed on the application under paragraph 
        (1) if the worksite is within the area of intended employment 
        listed on such application for such nonimmigrant; and
          ``(B) if the employer has filed and had certified an 
        application under paragraph (1) with respect to one or more H-
        1B nonimmigrants for one or more areas of employment--
                  ``(i) the employer is not required to file and have 
                certified an additional application under paragraph (1) 
                with respect to such a nonimmigrant for an area of 
                employment not listed in the previous application 
                because the employer has placed one or more such 
                nonimmigrants in such a nonlisted area so long as 
                either (I) each such nonimmigrant is not placed in such 
                nonlisted areas for a period exceeding 45 workdays in 
                any 12-month period and not to exceed 90 workdays in 
                any 36-month period, or (II) each such nonimmigrant's 
                principal place of employment has not changed to a 
                nonlisted area, and
                  ``(ii) the employer is not required to pay per diem 
                and transportation costs at any specified rates for 
                work performed in such a nonlisted area.''.
          (3) Limitation on authority to initiate complaints and 
        conduct investigations for non-h-1b-dependent employers.--
        Section 212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amended--
                  (A) in the second sentence, by inserting before the 
                period at the end the following: ``, except that the 
                Secretary may only file such a complaint in the case of 
                an H-1B-dependent employer (as defined in subparagraph 
                (E)) or when conducting an annual review of a plan 
                pursuant to subparagraph (F)(i) if there appears to be 
                a violation of an attestation or a misrepresentation of 
                a material fact in an application'', and
                  (B) by inserting after the second sentence the 
                following new sentence: ``No investigation or hearing 
                shall be conducted with respect to a non-H-1B-dependent 
                employer except in response to a complaint filed under 
                the previous sentence.''.
  (c) No Displacement of American Workers Permitted.--(1) Section 
212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting after 
subparagraph (D) the following new subparagraph:
          ``(E)(i) If the employer, within the period beginning 6 
        months before and ending 90 days following the date of filing 
        of the application or during the 90 days immediately preceding 
        and following the date of filing of any visa petition supported 
        by the application, has laid off or lays off any protected 
        individual with substantially equivalent qualifications and 
        experience in the specific employment as to which the 
        nonimmigrant is sought or is employed, the employer will pay a 
        wage to the nonimmigrant that is at least 110 percent of the 
        arithmetic mean of the last wage earned by all such laid off 
        individuals (or, if greater, at least 110 percent of the 
        arithmetic mean of the highest wage earned by all such laid off 
        individuals within the most recent year if the employer reduced 
        the wage of any such laid off individual during such year other 
        than in accordance with a general company-wide reduction of 
        wages for substantially all employees).
          ``(ii) Except as provided in clause (iii), in the case of an 
        H-1B-dependent employer which employs an H-1B nonimmigrant, the 
        employer shall not place the nonimmigrant with another employer 
        where--
                  ``(I) the nonimmigrant performs his or her duties in 
                whole or in part at one or more worksites owned, 
                operated, or controlled by such other employer, and
                  ``(II) there are indicia of an employment 
                relationship between the nonimmigrant and such other 
                employer.
          ``(iii) Clause (ii) shall not apply to an employer's 
        placement of an H-1B nonimmigrant with another employer if--
                  ``(I) the other employer has executed an attestation 
                that it, within the period beginning 6 months before 
                and ending 90 days following the date of filing of the 
                application or during the 90 days immediately preceding 
                and following the date of filing of any visa petition 
                supported by the application, has not laid off and will 
                not lay off any protected individual with substantially 
                equivalent qualifications and experience in the 
                specific employment as to which the H-1B nonimmigrant 
                is being sought or is employed, or
                  ``(II) the employer pays a wage to the nonimmigrant 
                that is at least 110 percent of the arithmetic mean of 
                the last wage earned by all such laid off individuals 
                (or, if greater, at least 110 percent of the arithmetic 
                mean of the highest wage earned by all such laid off 
                individuals within the most recent year if the other 
                employer reduced the wage of any such laid off 
                individual during such year other than in accordance 
                with a general company-wide reduction of wages for 
                substantially all employees).
          ``(iv) For purposes of this subparagraph, the term `laid 
        off', with respect to an individual--
                  ``(I) refers to the individual's loss of employment, 
                other than a discharge for inadequate performance, 
                cause, voluntary departure, or retirement, and
                  ``(II) does not include any situation in which the 
                individual involved is offered, as an alternative to 
                such loss of employment, a similar job opportunity with 
                the same employer (or with the H-1B-dependent employer 
                described in clause (ii)) carrying equivalent or higher 
                compensation and benefits as the position from which 
                the employee was laid off, regardless of whether or not 
                the employee accepts the offer.
          ``(v) For purposes of this subparagraph, the term `protected 
        individual' means an individual who--
                  ``(I) is a citizen or national of the United States, 
                or
                  ``(II) is an alien who is lawfully admitted for 
                permanent residence, is granted the status of an alien 
                lawfully admitted for temporary residence under section 
                210(a), 210A(a), or 245(a)(1), is admitted as a refugee 
                under section 207, or is granted asylum under section 
                208.''.
  (2) Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection 
(b)(1), is amended by adding at the end the following new subparagraph:
  ``(G) Under regulations of the Secretary, the previous provisions of 
this paragraph shall apply to complaints respecting a failure of an 
other employer to comply with an attestation described in paragraph 
(1)(E)(iii)(I) in the same manner that they apply to complaints with 
respect to a failure to comply with a condition described in paragraph 
(1)(E)(i).''.
  (3) Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is amended by 
inserting ``or (1)(E)'' after ``(1)(B)''.
  (d) Increased Penalties.--Section 212(n)(2) is amended--
          (1) in subparagraph (C)(i), by striking ``$1,000'' and 
        inserting ``$5,000'';
          (2) by amending subparagraph (C)(ii) to read as follows:
          ``(ii) the Attorney General shall not approve petitions filed 
        with respect to that employer (or any employer who is a 
        successor in interest) under section 204 or 214(c) for aliens 
        to be employed by the employer--
                  ``(I) during a period of at least 1 year in the case 
                of the first determination of a violation or any 
                subsequent determination of a violation occurring 
                within 1 year of that first violation or any subsequent 
                determination of a nonwillful violation occurring more 
                than 1 year after the first violation;
                  ``(II) during a period of at least 5 years in the 
                case of a determination of a willful violation 
                occurring more than 1 year after the first violation; 
                and
                  ``(III) at any time in the case of a determination of 
                a willful violation occurring more than 5 years after a 
                violation described in subclause (II).''; and
          (3) in subparagraph (D), by adding at the end the following: 
        ``If a penalty under subparagraph (C) has been imposed in the 
        case of a willful violation, the Secretary shall impose on the 
        employer a civil monetary penalty in an amount equalling twice 
        the amount of backpay.''.
  (e) Computation of Prevailing Wage Level.--Section 212(n) (8 U.S.C. 
1182(n)), as amended by subsections (a) and (b)(2), is further amended 
by adding at the end the following new paragraph:
  ``(7) In computing the prevailing wage level for an occupational 
classification in an area of employment for purposes of paragraph 
(1)(A)(i)(II) and subsection (a)(5)(A) in the case of an employee of 
(A) an institution of higher education (as defined in section 1201(a) 
of the Higher Education Act of 1965), or a related or affiliated 
nonprofit entity, or (B) a nonprofit scientific research organization, 
the prevailing wage level shall only take into account employees at 
such institutions and entities in the area of employment.''.
  (f) Conforming Amendments.--Section 212(n) (8 U.S.C. 1182(n)) is 
further amended--
          (1) in the matter in paragraph (1) before subparagraph (A), 
        by inserting ``(in this subsection referred to as an `H-1B 
        nonimmigrant')'' after ``101(a)(15)(H)(i)(b)''; and
          (2) in paragraph (1)(A), by striking ``nonimmigrant described 
        in section 101(a)(15)(H)(i)(b)'' and inserting ``H-1B 
        nonimmigrant''.
  (g) Effective Dates.--
          (1) Except as otherwise provided in this subsection, the 
        amendments made by this section shall take effect on the date 
        of the enactment of this Act and shall apply to applications 
        filed with the Secretary of Labor on or after 30 days after the 
        date of the enactment of this Act.
          (2) The amendments made by subsection (b)(3) shall apply to 
        complaints filed, and to investigations or hearings initiated, 
        on or after January 19, 1995.

SEC. 807. VALIDITY OF PERIOD OF VISAS.

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

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

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

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

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

SEC. 810. CHANGE OF NONIMMIGRANT CLASSIFICATION.

  Section 248 (8 U.S.C. 1258) is amended by inserting at the end the 
following:
``Any alien whose status is changed under this section may apply to the 
Secretary of State for a visa without having to leave the United States 
and apply at the visa office.''.

                      Subtitle B--Other Provisions

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

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

SEC. 832. UNIFORM VITAL STATISTICS.

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

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

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

SEC. 834. CRIMINAL ALIEN REIMBURSEMENT COSTS.

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

SEC. 835. FEMALE GENITAL MUTILATION.

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

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

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

                   Subtitle C--Technical Corrections

SEC. 851. MISCELLANEOUS TECHNICAL CORRECTIONS.

  (a) Amendments Relating to Public Law 103-322 (Violent Crime Control 
and Law Enforcement Act of 1994).--
          (1) Section 60024(1)(F) of the Violent Crime Control and Law 
        Enforcement Act of 1994 (Public Law 103-322) (in this 
        subsection referred to as ``VCCLEA'') is amended by inserting 
        ``United States Code,'' after ``title 18,''.
          (2) Section 130003(b)(3) of VCCLEA is amended by striking 
        ``Naturalization'' and inserting ``Nationality''.
          (3)(A) Section 214 (8 U.S.C. 1184) is amended by 
        redesignating the subsection (j), added by section 130003(b)(2) 
        of VCCLEA (108 Stat. 2025), and the subsection (k), added by 
        section 220(b) of the Immigration and Nationality Technical 
        Amendments Act of 1994 (Public Law 103-416, 108 Stat. 4319), as 
        subsections (k) and (l), respectively.
          (B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is 
        amended by striking ``214(j)'' and inserting ``214(k)''.
          (4)(A) Section 245 (8 U.S.C. 1255) is amended by 
        redesignating the subsection (i) added by section 130003(c)(1) 
        of VCCLEA as subsection (j).
          (B) Section 241(a)(2)(A)(i)(I) (8 U.S.C. 
        1251(a)(2)(A)(i)(I)), as amended by section 130003(d) of VCCLEA 
        and before redesignation by section 305(a)(2), is amended by 
        striking ``245(i)'' and inserting ``245(j)''.
          (5) Section 245(j)(3), as added by section 130003(c)(1) of 
        VCCLEA and as redesignated by paragraph (4)(A), is amended by 
        striking ``paragraphs (1) or (2)'' and inserting ``paragraph 
        (1) or (2)''.
          (6) Section 130007(a) of VCCLEA is amended by striking 
        ``242A(d)'' and inserting ``242A(a)(3)''.
          (7) The amendments made by this subsection shall be effective 
        as if included in the enactment of the VCCLEA.
  (b) Amendments Relating to Immigration and Nationality Technical 
Corrections Act of 1994.--
          (1) Section 101(d) of the Immigration and Nationality 
        Technical Corrections Act of 1994 (Public Law 103-416) (in this 
        subsection referred to as ``INTCA'') is amended--
                  (A) by striking ``Application'' and all that follows 
                through ``This'' and inserting ``Applicability of 
                Transmission Requirements.--This'';
                  (B) by striking ``any residency or other retention 
                requirements for'' and inserting ``the application of 
                any provision of law relating to residence or physical 
                presence in the United States for purposes of 
                transmitting United States''; and
                  (C) by striking ``as in effect'' and all that follows 
                through the end and inserting ``to any person whose 
                claim is based on the amendment made by subsection (a) 
                or through whom such a claim is derived.''.
          (2) Section 102 of INTCA is amended by adding at the end the 
        following new subsection:
  ``(e) Transition.--In applying the amendment made by subsection (a) 
to children born before November 14, 1986, any reference in the matter 
inserted by such amendment to `five years, at least two of which' is 
deemed a reference to `10 years, at least 5 of which'.''.
          (3) Section 351(a) (8 U.S.C. 1483(a)), as amended by section 
        105(a)(2)(A) of INTCA, is amended by striking the comma after 
        ``nationality''.
          (4) Section 207(2) of INTCA is amended by inserting a comma 
        after ``specified''.
          (5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended--
                  (A) in subparagraph (K)(ii), by striking the comma 
                after ``1588'', and
                  (B) in subparagraph (O), by striking ``suspicion'' 
                and inserting ``suspension''.
          (6) Section 273(b) (8 U.S.C. 1323(b)), as amended by section 
        209(a) of INTCA, is amended by striking ``remain'' and 
        inserting ``remains''.
          (7) Section 209(a)(1) of INTCA is amended by striking 
        ``$3000'' and inserting ``$3,000''.
          (8) Section 209(b) of INTCA is amended by striking 
        ``subsection'' and inserting ``section''.
          (9) Section 217(f) (8 U.S.C. 1187(f)), as amended by section 
        210 of INTCA, is amended by adding a period at the end.
          (10) Section 219(cc) of INTCA is amended by striking `` `year 
        1993 the first place it appears' '' and inserting `` `year 
        1993' the first place it appears''.
          (11) Section 219(ee) of INTCA is amended by adding at the end 
        the following new paragraph:
  ``(3) The amendments made by this subsection shall take effect on the 
date of the enactment of this Act.''.
          (12) Paragraphs (4) and (6) of section 286(r) (8 U.S.C. 
        1356(r)) are amended by inserting ``the'' before ``Fund'' each 
        place it appears.
          (13) Section 221 of INTCA is amended--
                  (A) by striking each semicolon and inserting a comma,
                  (B) by striking ``disasters.'' and inserting 
                ``disasters,'', and
                  (C) by striking ``The official'' and inserting ``the 
                official''.
          (14) Section 242A (8 U.S.C. 1252a), as added by section 
        224(a) of INTCA and before redesignation as section 238 by 
        section 308(b)(5), is amended by redesignating subsection (d) 
        as subsection (c).
          (15) Section 225 of INTCA is amended--
                  (A) by striking ``section 242(i)'' and inserting 
                ``sections 242(i) and 242A'', and
                  (B) by inserting ``, 1252a'' after ``1252(i)''.
          (16) Except as otherwise provided in this subsection, the 
        amendments made by this subsection shall take effect as if 
        included in the enactment of INTCA.
  (c) Striking References to Section 210A.--
          (1)(A) Section 201(b)(1)(C) (8 U.S.C. 1151(b)(1)(C)) and 
        section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) are each 
        amended by striking ``, 210A,''.
          (B) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), before 
        redesignation by section 305(a)(2), is amended by striking 
        subparagraph (F).
          (2) Sections 204(c)(1)(D)(i) and 204(j)(4) of Immigration 
        Reform and Control Act of 1986 are each amended by striking ``, 
        210A,''.
  (d) Miscellaneous Changes in the Immigration and Nationality Act.--
          (1) Before being amended by section 308(a), the item in the 
        table of contents relating to section 242A is amended to read 
        as follows:

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

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

                        Explanation of Amendment

    Because H.R. 2202 was ordered reported with a single 
amendment in the nature of a substitute, the contents of this 
report constitute an explanation of that amendment.

                          Purpose and Summary

                      title i--border enforcement

    The first step in asserting our national sovereignty and 
controlling illegal immigration is to secure our nation's land 
borders. This fundamental mission has been undermined in recent 
decades by a lack of clear policy, inadequate resources, and a 
defeatist attitude. The result is a crisis at the land border, 
allowing hundreds of thousands of illegal aliens to cross each 
year, and contributing more than half of the 300,000 to 400,000 
annual growth in the illegal alien population. The problem is 
not limited to illegal immigration from this hemisphere: alien 
smugglers from around the globe have set routes through Latin 
America and Canada to smuggle people into the United States.
    More border patrol agents, enhanced training, and improved 
border technology are all critical to regaining control over 
our nation's borders. H.R. 2202 includes all of these reforms, 
including a 1,000 annual increase in Border Patrol agents from 
now until the end of the century. But H.R. 2202 does something 
more--it requires a focus on prevention and deterrence of 
illegal immigration, modeled after the successful ``Operation 
Hold-the-Line'' in El Paso, Texas. H.R. 2202 also improves the 
security of Border Crossing Identification Cards, so that such 
cards will only be used by those who have been granted the 
privilege of carrying them.
    Finally, illegal immigration control is not simply a matter 
of securing the land border. Close to half of illegal 
immigrants enter on temporary visas and overstay. H.R. 2202 
authorizes new resources for the prosecution of aliens with 
multiple illegal entries, and establishes pilot programs: (1) 
to deter multiple illegal entries into the United States 
through strategies such as interior repatriation or third 
country repatriation; (2) to use closed military facilities for 
detention of illegal aliens; and (3) to create a system for 
tracking the departures of temporary visitors.

    title ii--enforcement against alien smuggling and document fraud

    Illegal immigration is facilitated through criminal 
activity: alien smuggling, often carried out by organized 
criminal elements, and document fraud, including visa and 
passport fraud. Federal law enforcement should have the same 
tools to combat immigration crimes it does to combat other 
serious crimes that threaten public safety and national 
security. Thus, H.R. 2202 extends current wiretap and 
undercover investigation authority to the investigation of 
alien smuggling, document fraud, and other immigration-related 
crimes. It increases criminal penalties for alien smuggling and 
document fraud, establishes new civil penalties for document 
fraud, and extends coverage of the federal anti-racketeering 
statute (RICO) to organized criminal enterprises engaging in 
such activity.

     Title III--Reforming Procedures for Removal of Illegal Aliens

    Existing procedures to deny entry to and to remove illegal 
aliens from the United States are cumbersome and duplicative. 
Removal of aliens who enter the United States illegally, even 
those who are ordered deported after a full due process 
hearing, is an all-too-rare event. The asylum system has been 
abused by those who seek to use it as a means of ``backdoor'' 
immigration.
    H.R. 2202 streamlines rules and procedures for removing 
illegal aliens, and establishes special procedures for removing 
alien terrorists. Aliens who arrive in the United States with 
no valid documents will be removed on an expedited basis; 
arriving aliens with credible asylum claims will be allowed to 
pursue those claims. For illegal aliens already present in the 
U.S., there will be a single form of removal proceeding, with a 
streamlined appeal and removal process. To avoid removal, 
aliens must establish in such proceedings that they are 
entitled to be admitted or to remain in the United States. 
Relief from deportation will be more strictly limited. Aliens 
ordered removed who do not depart on time will be subject to 
civil penalties and excluded from certain immigration benefits.

           title iv--preventing employment of illegal aliens

    The magnet of jobs is a driving force behind illegal 
immigration. Despite federal laws prohibiting the hiring of 
illegal aliens, and requiring the verification of eligibility 
for all employees, an underground market in fraudulent 
documents permits illegal aliens to gain employment. Recent INS 
crackdowns demonstrate that illegal aliens work in a variety of 
industries and take jobs that could otherwise be filled by 
American workers. Enforcement, however, is hampered by a system 
that is difficult to implement and invites document fraud.
    H.R. 2202 cuts from 29 to 6 the number of acceptable 
documents to establish eligibility to work. It also establishes 
pilot projects, to be operated in States with high levels of 
illegal immigration, for employers to verify through a simple 
phone call or computer message an employee's authorization to 
work. The system will work through existing databases, and not 
require creation of any new government database. The system 
also will assure employers that the employment eligibility 
information provided to them by employees is genuine. The 
system could not be established on a national basis without 
prior approval by Congress. H.R. 2202 also establishes pilot 
projects to improve the security of birth certificates and 
birth/death registries, all of which have been subject to 
fraudulent use by illegal immigrants for gaining work, public 
benefits, and even, in some cases, voting privileges.

                   Title V--Legal Immigration Reform

    Congress has the task to set legal immigration policy that 
serves the national interest. As a result of the immigration 
bills passed in 1965, 1986, and 1990, there has been a dramatic 
increase in the overall levels of legal immigration. In 
addition, the percentage of immigrants admitted without regard 
to their level of education or skills now exceeds 80 percent. 
Since 1981, we have admitted a total of 12.5 million legal 
immigrants. During this period, we have admitted at least 
500,000 immigrants each year, and during the past 5 years, an 
average of close to 1 million per year.
    Such sustained, uninterrupted growth in immigration is 
without precedent in American history. So is the underlying 
rationale of many that immigration is a right, not a privilege. 
The entitlement theory, which seeks to fit immigration policy 
to the demands of those who would like to immigrate to the 
United States, has made it increasingly difficult to establish 
a policy that selects immigrants according to their ability to 
advance our national interests.
    A central failure of the current system is the admissions 
backlog for spouses and minor children of lawful permanent 
residents, which now numbers 1.1 million. This means that 
nuclear family members can be kept separated for years. Even 
larger backlogs exist in categories for adult, ``extended 
family'' immigrants. These backlogs undermine the credibility 
of the system by forcing people who are technically eligible to 
immigrate to wait for years, sometimes decades, before they can 
legally come to the U.S. The existence of these categories thus 
creates expectations that cannot possibly be met within the 
capacity of the current system. These failed expectations 
encourage many waiting in line to immigrate illegally to the 
U.S.
    The key to legal immigration reform is stating clear 
priorities that reflect the national interest. H.R. 2202 will 
better match the attributes of immigrants with the needs of the 
American economy, by increasing the number of visas available 
for highly-skilled and educated immigrants and by decreasing 
the proportion of immigrants admitted without regard to their 
level of skill and education. The bill also will put nuclear 
families first by giving priority to the admission of spouses 
and children of United States citizens, and for 5 years, 
doubling the number of visas for nuclear family members of 
legal permanent residents. The bill also preserves America's 
traditional role of leadership in refugee and other 
humanitarian immigration. While reforming legal immigration to 
end the ``entitlement'' attitude, H.R. 2202 maintains levels of 
legal immigration that are generous by historic standards: 
approximately 3.5 million immigrants would be admitted during 
the first 5 years.

                Title VI--Immigrants and Public Benefits

    Immigrants should be self-sufficient. Yet, the most 
reliable studies show that immigrants receive $25 billion more 
in direct public benefits than they contribute in taxes--$16 
billion for direct cash benefits and $9 billion for non-cash 
benefits such as Food Stamps and Medicaid. In addition, 
immigrant participation in Supplemental Security Income (SSI) 
has risen 580 percent during the past dozen years. H.R. 2202 
reinforces prohibitions against receipt of public benefits by 
illegal immigrants, makes enforceable the grounds for denying 
entry or removing aliens who are or are likely to become a 
public charge, and makes those who agree to sponsor immigrants 
legally responsible to support them.

                 Title VII--Facilitation of Legal Entry

    To facilitate legal entry and deter fraud, H.R. 2202 will 
increase the number of INS and Customs Service inspectors at 
border ports of entry, expand preinspection services at 
overseas airports, and require more training of airline 
personnel in detecting fraudulent documents.

   Title VIII--Temporary Skilled Workers and Miscellaneous Provisions

    To remain competitive in world markets, American business 
needs access to skilled foreign workers. The nonimmigrant H-1B 
visa permits such persons to work in the United States for up 
to six years. However, American workers need protection against 
abuse of the H-1B program by those employers who seek to 
replace native workers with lower-paid foreign workers. H.R. 
2202 strikes a balance between these interests, removing 
excessive regulatory burdens from businesses who are not 
dependent on H-1B workers and who do not abuse the program, 
while prohibiting the use of the program to replace laid-off 
American workers.

                Background and Need for the Legislation

    As a nation of immigrants, the United States has a singular 
interest that its immigration laws encourage the admission of 
persons who will enrich our society. President Ronald Reagan 
aptly observed that our nation is ``an island of freedom,'' 
political and economic, toward which the world has looked as 
both protector and exemplar. Unlimited immigration, however, is 
a moral and practical impossibility. We live in an age where 
the nations of the world are called upon to resolve the root 
causes--political, economic, and humanitarian--of migration 
pressures. In this context, the United States must exercise its 
national sovereignty to control its borders and pursue an 
immigration policy that serves the fundamental needs of the 
nation. In the words of the 1981 report of the Select 
Commission on Immigration and Refugee Policy (``Select 
Commission''), ``[o]ur policy--while providing opportunity for 
a portion of the world's population--must be guided by the 
basic national interests of the United States.'' 1
    \1\ ``Select Commission on Immigration and Refugee Policy, U.S. 
Immigration Policy and the National Interest,'' Joint Committee Print 
No. 8, Committees on the Judiciary of the House of Representatives and 
the United States Senate, 97th Cong., 1st Sess. 3 (1981) (referred to 
hereinafter as 1991 Select Commission Report).
---------------------------------------------------------------------------
     During the ensuing 15 years, that basic message has been 
lost. Serious immigration reform has been frustrated by our 
failure to define the national interests that must be served by 
U.S. immigration policy. A pervasive sense exists among the 
public that the Federal Government lacks the will and the means 
to enforce existing immigration laws.
     The symptoms of this failure are manifest: four million 
illegal aliens residing in the United States, with an annual 
increase in illegal immigration of more than 300,000; tens of 
thousands of overseas visitors each year who overstay their 
visas and remain in the United States illegally; a deportation 
process that removes only a small fraction of illegal aliens; 
an asylum adjudications backlog of over 400,000; a program of 
employer sanctions that is confusing for employers, riddled 
with document fraud, and ineffective in deterring both the 
hiring of illegal aliens and the illegal entry of aliens 
seeking employment; and a legal immigration system that fails 
to unite nuclear families promptly, encourages the ``chain 
migration'' of extended families, and admits a vast majority of 
immigrants without any regard to levels of education or job 
skills.
     H.R. 2202 seeks a fundamental re-orientation of 
immigration policy in the direction of the national interest. 
The Act will curb illegal immigration and establish a legal 
immigration system that is generous by historic standards and 
serves fundamental family, economic, and humanitarian needs. 
The bill is comprehensive because the crisis is so deep and the 
challenges presented by legal and illegal immigration so 
closely intertwined. All aspects of immigration law must be 
reformed to provide clear direction and purpose to those 
responsible for their enforcement, and to eliminate to the 
greatest possible extent special provisions and exceptions that 
detract from these fundamental purposes. In short, our 
immigration laws should enable the prompt admission of those 
who are entitled to be admitted, the prompt exclusion or 
removal of those who are not so entitled, and the clear 
distinction between these categories.
     To place H.R. 2202 in its proper context, a more detailed 
assessment of current immigration problems and past efforts and 
proposals for reform is appropriate.

                         I. Illegal Immigration

     The challenge of combatting illegal immigration is but one 
facet of the vast overall demand on the United States 
immigration system. As explained by the U.S. Commission on 
Immigration Reform in its 1994 report to Congress:


          Each year U.S. land and air borders face inspection 
        of approximately 500 million people seeking entry. In 
        1993, approximately 409 million people were inspected 
        at U.S. land ports of entry, 55 million at airports, 
        and 9 million at seaports. This number does not include 
        illegal entrants or individuals apprehended while 
        attempting to enter illegally. The Immigration and 
        Naturalization Service (INS) estimated in 1992 that 
        there were 3.4 million ``permanent'' illegal aliens in 
        the U.S. Of this population, roughly one-half entered 
        legally by air and overstayed their visas and the other 
        one-half entered without inspection by land or 
        sea.2
    \2\ U.S. Commission on Immigration Reform, U.S. Immigration Policy: 
Restoring Credibility 47 (1994) (emphasis supplied) (referred to 
hereinafter as 1994 Commission Report).

    The INS estimates that there is a net annual increase of 
300,000 in the illegal alien population. Thus, the number of 
``permanent'' illegal aliens exceeds 4 million. To halt this 
increase and make actual cuts in the size of the illegal 
immigrant population, immigration policy must address both 
illegal border crossings and the phenomenon of ``visa 
overstays.''

Illegal border-crossing

     Perhaps the most visible illustration of the failures of 
immigration enforcement is the continued high level of illegal 
migration across the land borders of the United States, 
particularly in the Southwest. Precise measurement of this 
migration flow is elusive. The INS traditionally has relied 
upon apprehension statistics for this task, but such statistics 
are a flawed measure of both the rate of illegal migration and 
the success of enforcement. As the U.S. Commission on 
Immigration Reform has stated, ``[t]he most effective border 
control strategy would produce an apprehension rate of zero. 
So, too, would a complete failure of border control.'' 3 
Despite these shortcomings, apprehension statistics show the 
growing extent of the problem.
    \3\ 1994 Commission Report at 57.

        Years                                              Apprehensions
 1931-1940..............................................         147,457
 1941-1950..............................................       1,377,210
 1951-1960..............................................       3,598,949
 1961-1970..............................................       1,608,356
 1971-1980..............................................       8,321,498
 1981-1990..............................................      11,883,328
 1991-1994..............................................       4,778,333


     For virtually all of this period, apprehension of aliens 
shortly after they have crossed the border, or at destinations 
further in the interior, has been the backbone of INS and 
Border Patrol enforcement strategy. Deterrent-based strategies 
had not been attempted, despite the 1981 observation of the 
Select Commission that ``[i]t is both more humane and cost 
effective to deter people from entering the United States than 
it is to locate and remove them from the interior.'' 4 The 
choice of strategy was dictated in part by a lack of resources: 
the Select Commission noted that ``[a]t any given hour no more 
than 450 Border Patrol agents are directly engaged in 
activities to stop persons attempting to enter the United 
States without inspection.'' 5
    \4\ 1981 Select Commission Report at 47.
    \5\ 1981 Select Commission Report at 48.
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     Another symbol of America's past failure to take seriously 
the problem of illegal immigration has been the reluctance to 
use secure fences to prevent illegal border crossings. In 
general, physical barriers can assist the Border Patrol to 
deter illegal crossings, channel aliens to locations where they 
can be most easily apprehended, and reduce crime and violence 
at the border.
     In recent years, the approach to border enforcement has 
changed. Chain-link fences have been replaced in certain high-
traffic areas by more resistant structures. Section 542 of the 
Immigration Act of 1990 authorized the appropriation of funds 
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 to the United States.'' Just as visible has been the 
deployment of border patrol agents directly on or in close 
vicinity to the border, to create a visible deterrent to 
potential illegal immigrants. This approach was initiated by 
Chief Silvestre Reyes of the El Paso Border Patrol Sector in 
September 1993, when he ordered 400 of his 650 agents to be 
deployed on a 24-hour basis directly on the border, stationed 
in their vehicles at distances ranging from 50 yards to a 
quarter mile. Regular helicopter patrols were established. The 
border fence, which has numerous holes and was breachable in 
125 locations, was repaired and maintained. Originally 
conceived as a two-week pilot program called ``Operation 
Blockade,'' Chief Reyes' strategy has become a standing 
initiative, ``Operation Hold-the-Line.''
     Operation Hold-the-Line represented a fundamental change 
in strategy for control of the border. As in other areas, 
illegal crossings into El Paso had been largely tolerated and 
enforcement efforts were directed at apprehending aliens who 
attempted to remain in the United States for extended periods 
of time. Only about 15 percent of the estimated 8,000 to 10,000 
persons who crossed the border illegally each day in the El 
Paso Sector were apprehended. Under Operation Hold-the-Line, 
illegal crossings have been substantially deterred, with 
apprehensions of illegal aliens within El Paso dropping by as 
much as 75 percent. Petty street crime and property crime has 
been reduced, as has the occurrence of more serious property 
and violent crimes. The Operation also has led to the seizure 
of more illegal drugs and other contraband. The Operation has 
had overwhelming public support in El Paso, including in the 
Mexican American community. Complaints against the Border 
Patrol have been reduced because there are fewer apprehensions 
and pursuits of aliens. The change has been particularly 
noticed in schools lying close to the border, which are now 
considered safer for students.6
    \6\ Bean, et al., Illegal Mexican Migration and the United States/
Mexico Border: The Effects of Operation Hold-the-Line on El Paso/Juarez 
(July 1994) (Report prepared for the U.S. Commission on Immigration 
Reform by the Population Research Center at the University of Texas at 
Austin); General Accounting Office, Border Control: Revised Strategy is 
Showing Some Positive Results (December 1994) (Report to the 
Subcommittee on Information, Justice, Transportation and Agriculture of 
the House Committee on Government Operations).
---------------------------------------------------------------------------
     The success of Operation Hold-the-Line has led both the 
Commission on Immigration Reform and the General Accounting 
Office to urge adoption of similar deterrence strategies as the 
prevalent form of enforcement along the southern border.7 
The Commission recommended a comprehensive approach to deal 
with the changing crossing patterns that resulted from stepped-
up enforcement in the El Paso area. The GAO concluded that the 
national border patrol strategy adopted by the INS shows 
promise for success in reducing illegal immigration and is 
consistent with previous recommendations for securing the 
border.
    \7\ 1994 Commission Report at 49; Border Control: Revised Strategy 
Is Showing Some Results, supra note 6. See also ``Border Security: 
Hearing Before the Subcomm. on Immigration and Claims of the House 
Comm. on the Judiciary,'' 104th Cong., 1st Sess. 102-110 (March 10, 
1995) (Statement of Laurie E. Ekstrand, General Accounting Office).
---------------------------------------------------------------------------
     The INS also has recently adopted a deterrence strategy in 
the heavily-travelled San Diego sector. This initiative, called 
``Operation Gatekeeper,'' entails assignment of additional 
Border Patrol agents in the sector, deployment of agents in 
close proximity to the border, although not directly on the 
border as in El Paso, completion of new fences and roads along 
the border (an initiative started and substantially completed 
during the Bush Administration), and installation of additional 
lighting. The INS now also fingerprints all aliens apprehended 
in the sector in order to identify aliens with criminal 
records, track aliens who repeatedly try to cross the border 
illegally, and measure the effectiveness of the new border 
control measures.
     The impact of Operation Gatekeeper has been favorable, but 
not as dramatic as Operation Hold-the-Line. Border Patrol 
agents have been concentrated in the western end of the sector, 
and construction of a steel fence extending into the Pacific 
Ocean and to a point 14 miles inland from the coast, is nearly 
complete. As a result, apprehensions of illegal aliens have 
fallen most markedly in the Imperial Beach area, adjacent to 
the Pacific Ocean, but illegal alien traffic has greatly 
increased in the eastern portion of the San Diego sector, and 
overall apprehensions in the sector have actually increased. 
The fingerprinting process has identified large numbers of 
repeat border-crossers, some of whom are being prosecuted.
     Despite these initial successes, the challenge of securing 
the border over the long term will prove to be difficult. One 
seemingly intractable problem is repeat border-crossings. Many 
of these aliens eventually escape apprehension and thus add to 
the illegal alien population. All of them add to the 
enforcement burdens of the INS. The INS has previously 
attempted efforts at interior repatriation of such aliens, 
returning them to places hundreds of miles from the border 
rather than directly across the border where they are free 
immediately to attempt another illegal entry. This program was 
dropped, but should be reinstituted as part of the broader 
deterrence strategy. In addition, stronger bilateral efforts 
with the Mexican Government should be undertaken, especially in 
the area of cross-border crimes and alien smuggling. These are 
genuine issues of national security and public safety 
exacerbated by the U.S. government's failure to control the 
border.
     Based on the experience in El Paso and San Diego, Congress 
should establish as a fundamental strategy for immigration 
enforcement the deterrence of illegal migration across the land 
borders of the United States. Such a strategy is preferable to 
one based on interior apprehension of illegal aliens because of 
the costs associated with apprehending and deporting an alien 
from the interior. The INS should be given the resources to 
carry out a deterrence strategy at all appropriate locations 
along the borders, as well as the necessary direction from 
Congress to use the resources in this fashion. A pilot program 
for interior repatriation should be reinstituted, along with 
technological measures to combat illegal border crossing.
     An additional problem in border enforcement has been abuse 
of the Border Crossing Identification Card, used primarily by 
citizens of Mexico in lieu of visas for visits to the United 
States within 25 miles of the border for up to 72 hours. 
(Canadian citizens and landed immigrants from Commonwealth 
nations are not required to have a visa to enter the United 
States, and thus generally do not require a border crossing 
card.) Approximately 200,000 cards are issued annually. The 
Commission on Immigration Reform and the INS have both 
identified a troubling instance of fraud associated with these 
cards. In 1993, 24,236 cards were intercepted after issuance 
for counterfeiting, alteration, use by impostors, or violations 
of the conditions of usage, such as engaging in employment. 
These problems should come as little surprise. Despite the high 
incidence of illegal immigration across the land border with 
Mexico, the cards have heretofore been issued without security 
features. Until recently, in fact, border crossing cards were 
issued on a permanent basis, meaning that aliens could hold a 
card for years or even decades without renewal. The high demand 
for the cards has resulted both in backlogs of individuals 
waiting to receive cards and hasty adjudication of 
applications. In some recent cases, individuals with criminal 
records have been issued border crossing cards.
     The INS has recently taken some steps to improve the 
security of these cards and to ensure that only aliens entitled 
to the privilege are issued cards. H.R. 2202 requires specific 
improvements to be made in all new and existing cards within 3 
years.

Visa overstays

    A ``visa overstay'' is an alien who has been admitted to 
the United States as a nonimmigrant visitor (often as a 
student, tourist, or businessperson) but who stays in the 
United States beyond the expiration of the visa and lives here 
as an illegal alien.8 Despite the magnitude of this 
problem, it has only recently been recognized as a leading 
component of the illegal alien population in the U.S. Moreover, 
no one is certain of how many people overstay their visas, how 
long they do so, and how they support themselves. Methods of 
calculating if and when persons with temporary visas leave the 
U.S. are haphazard.9
    \8\ Although they are ``legally'' admitted, nonimmigrant visa 
holders who intend to come to the United States and stay permanently 
are technically ``illegal'' immigrants from the time of their arrival 
in the United States. A person who obtains a nonimmigrant visa 
intending to remain in the U.S. indefinitely has committed visa fraud 
and is excludable under INA Sec. 212(a)(6)(C)(i). Most aliens who 
intend to overstay their visas are not apprehended upon entry, and 
still others make the decision to overstay after they have arrived. 
Such aliens are subject to deportation under section 241(a)(1)(C).
    \9\ See generally, ``Foreign Visitors Who Violate the Terms of the 
Their Visas by Remaining in the United States Indefinitely: Hearing 
Before the Subcomm. on Immigration and Claims of the House Comm. on the 
Judiciary,'' 104th Cong., 1st Sess. (Feb. 24, 1995) (cited hereinafter 
as Hearing: Foreign Visitors Who Overstay).
---------------------------------------------------------------------------
    Without a reliable system, the INS has no means to 
determine exactly how many people who arrive in the United 
States as visitors actually depart, and who they are. 
Currently, all foreign visitors complete an I-94 arrival/
departure form prior to arrival in the United States. The 
arrival portion of the I-94 is turned over to the INS inspector 
at the port of entry. However, because the departure portion of 
the form is collected by the air carrier when the alien 
departs, and the collection process by carriers is uneven, the 
data is not reliable.
    The INS can estimate ``apparent overstays'' by simply 
counting the number of arrival forms without matching departure 
forms. However, the INS has concluded that the majority of 
``apparent overstays'' are actually the result of incomplete 
collection of the departure forms. After correcting for this 
high rate of system error, the INS calculated that the number 
of visa overstays in 1992 was 305,000, and the visa overstay 
rate is 1.5 percent. The number of overstays has increased 
since the mid-1980s, while the rate has decreased, owing to the 
overall growth in the number of visas issued to foreign 
visitors. The INS estimates that more than 80 percent of 
nonimmigrant overstays have received a B-2 (tourist) visa. Most 
of the remaining percentage entered on a B-1 (business visitor) 
visa.
    Visa overstay rates vary among regions of the world. 
Overstay percentages from Europe are always well below the 
average percentage for other countries, but nevertheless 
account for 15-20 percent of the aggregate total. Leading 
countries are Italy, Poland, and, recently, the former Soviet 
Union. Overstay rates from Asia run slightly below the average 
percentage for other countries, and account for numbers roughly 
equal to those of Europe. The leading country from the region 
by far is the Philippines, with India, China, and Hong Kong 
also contributing significant numbers. North America (including 
Central America) produces both the highest rate and highest 
percentage of visa overstays. This is chiefly attributable to 
Mexico, where the estimated number of overstays rose from 
25,000 in 1985 to 60,000 in 1992. The Bahamas (13,000 in 1992), 
Jamaica (9,000), Haiti (9,000) and Central America (22,000) 
also produce significant numbers, especially given their 
limited populations. Overstay rates from Africa are relatively 
high, but the overall numbers are relatively low. This may be 
due in part to the limited number of nonimmigrant visas issued 
in some African nations. Both the overstay rate and overstay 
numbers from South America are modest.
    The phenomenon of visa overstays presents specific problems 
for immigration enforcement. First, visa overstayers spread the 
illegal immigration problem to regions outside of the border 
states, and due to their diverse character (many visa 
overstayers have more advanced education and skills than 
typical illegal land border entrants), to various sectors of 
the economy. Second, visa overstayers account for a substantial 
portion of those waiting in the ``asylum backlog''--the 
estimated 400,000 persons who are waiting for adjudication by 
the INS of their asylum claims. While some of these people have 
legitimate claims, many have filed the asylum claim as a means 
of remaining in the United States indefinitely. Third, 
obstacles to enforcement against this phenomenon are likely to 
remain (or increase) with the further globalization of the 
economy and rise in the number of legitimate visitors to the 
United States. A more lengthy or intrusive inspections process 
at ports of entry might identify more aliens who intend to 
overstay, but at the price of convenience for the vast majority 
of legitimate visitors. Another alternative would be more 
extensive processing by consular officers of requests for 
nonimmigrant visas. This would require a greater commitment of 
resources to the consular bureau within the Department of 
State.
    Perhaps as a result of these difficulties, there have been 
fewer specific recommendations regarding enforcement measures 
against visa overstays. The Commission on Immigration Reform 
indicated that the solution lies in improved interior 
enforcement, chiefly by preventing employment of illegal 
aliens. (This topic is treated at greater length below.) The 
State Department now processes a vast majority of visas through 
an automated system that allows for quicker background checks, 
and most newly-issued visas are machine-readable, an additional 
security feature.10 Stricter standards for issuing visas 
have been suggested. However, in many countries with a high 
visa overstay rate, State Department consular officers already 
deny a substantial percentage of visa applications.11
    \10\ Hearing: Foreign Visitors Who Overstay, supra note 9, at 20 
(Statement of Diane Dillard, Deputy Assistant Secretary for Visa 
Services, Bureau of Consular Affairs, Department of State).
    \11\ Id. at 32-33.
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Alien smuggling

    Alien smuggling contributes greatly to the overall problem 
of illegal immigration. Whether carried out by so-called 
coyotes (smugglers) along the Southwest border, or through 
sophisticated organized crime rings that smuggle aliens into 
the United States by land, sea, and air, alien smuggling both 
adds to the overall numbers of illegal aliens in the United 
States and increases the financial and other incentives for 
such trafficking to continue. Alien smuggling is often linked 
to other crimes, such as drug smuggling and trafficking, 
prostitution, racketeering, and severe labor law violations. 
Due to the inhumane living and working conditions they face, 
many smuggled aliens are victims, more than beneficiaries, of 
this criminal activity.12
    \12\ See generally, ``Alien Smuggling: Hearing Before the Subcomm. 
on International Law, Immigration, and Refugees of the House Comm. on 
the Judiciary,'' 103rd Cong., 1st Sess. (June 30, 1993).
---------------------------------------------------------------------------
    Smuggling by boat is perhaps the most visible recent 
manifestation of alien smuggling carried out by organized crime 
syndicates. The arrival of the Golden Venture in New York City 
in June 1993 brought this problem to national attention: the 
vessel foundered on a sand bar, and hundreds of Chinese 
nationals struggled to reach the shore and escape, several of 
them drowning in the process. The remainder were apprehended 
and detained for exclusion proceedings, in which most claimed 
political asylum. Due to procedural delays inherent in the 
immigration hearing process, and the difficulty of arranging 
return travel to the People's Republic of China, most of these 
aliens remained in the United States more than 2 years after 
their arrival.
    Other smuggling boats have landed or been apprehended in 
United States waters, while still others have been interdicted 
in international waters. However, due to greater enforcement 
efforts, the organized smuggling by sea from Asia has decreased 
somewhat since the arrival of the Golden Venture.  (Illegal 
immigration by sea has long been prevalent from countries in 
the Caribbean, and this continues to be the case.)
    Notwithstanding the public visibility of alien smuggling by 
boat, the vast majority of smuggled aliens arrive by more 
conventional means. Some travel directly to the United States, 
using fraudulent passports and visas, and attempt entry at 
international airports. Many such aliens have presented 
passports and visas prior to embarking overseas, but destroy 
the documents en route or surrender them to confederates. 
Probably the greatest number travel through more circuitous 
routes, travelling to other countries in the Western Hemisphere 
and then arranging onward travel to the United States either by 
air or through surreptitious crossing of the land border.
    Whether they arrive by boat, directly by air, or through 
more complex routes, smuggled aliens (often with the assistance 
of smugglers) abuse immigration procedures to extend their stay 
in the United States. Thousands of smuggled aliens arrive in 
the United States each year with no valid entry documents and 
declare asylum immediately upon arrival. Due to lack of 
detention space and overcrowded immigration court dockets, many 
have been released into the general population. Not 
surprisingly, a majority of such aliens do not return for their 
hearings. In recent years, however, the number of aliens 
arriving at airports with no valid documents has decreased in 
districts, particularly in New York and Los Angeles, where 
detention capacity has increased and most mala fide aliens can 
be detained. The threat of expedited exclusion, which has been 
considered by Congress since 1993, may also have had a 
deterrent effect.
    Finally, many aliens successfully smuggled into the United 
States have filed asylum claims as a means not only to extend 
their stay, but, under regulations in effect until January 
1995, to obtain work authorization. Due to the huge backlog in 
asylum cases, and the inability of the INS to detain failed 
asylum applicants who are deportable from the United States, 
these aliens could reasonably expect that the filing of an 
asylum application would allow them to remain indefinitely in 
the United States. Under regulations effective in January 1995, 
asylum applicants no longer are entitled to receive work 
authorization. This has led to a substantial reduction in 
filing of new asylum applications. (The new asylum regulations 
are discussed below in more detail.)

   II. Inspection, Apprehension, and Removal of Criminal and Illegal 
                                 Aliens

             A. Populations of Criminal and Illegal Aliens

Criminal aliens

    The number of criminal aliens incarcerated in Federal and 
State prisons has grown dramatically in recent years, and is 
now estimated as 100,000.13 The ``foreign-born'' 14 
population in institutions operated by the Bureau of Prisons 
(BOP) is 27,938, or 29 percent of all inmates (95,997). An 
estimated 75 percent are subject to deportation.15 
Compared to FY 1980, this is an increase from approximately 
1,000, or less than 4 percent of all BOP inmates (27,825). 
According to the BOP, the increase in the Federal alien 
prisoner population is due largely to drug convictions; 75 
percent of alien inmates are incarcerated for such offenses, 
compared to 61 percent of all Federal inmates. Foreign-born 
prisoners serve an average of 7.7 years. More than 85 percent 
are from Mexico, Central America, South America, and the 
Caribbean. The leading individual countries of origin are, in 
order, Mexico, Colombia, Cuba, the Dominican Republic, Jamaica, 
and Nigeria.
    \13\ See ``Removal of Criminal and Illegal Aliens: Hearing Before 
the Subcomm. on Immigration and Claims of the House Comm. on the 
Judiciary,'' 104th Cong., 1st Sess. 4 (Statement of T. Alexander 
Aleinikoff, General Counsel, Immigration and Naturalization Service) 
(Hearing: Criminal and Illegal Aliens).
    \14\ ``Foreign-born'' prisoners may include naturalized citizens 
and certainly includes both legal permanent residents and people who 
are in violation of their immigration status (including visa overstays) 
or who entered the U.S. without permission. See ``Criminal Aliens: 
Hearing Before the Subcomm. on Immigration, Refugees, and International 
Law of the House Comm. on the Judiciary,'' February 23, 1994, at 188-
189 (Testimony of INS Deputy Commissioner Chris Sale). The Director of 
the BOP has testified that ``[a]s of January 29, 1994, our inmate data 
base reflects that there were 22,326 inmates in BOP custody who were 
non-United States citizens (24.8 percent of the population). Id. at 
166-167 (Statement of Kathleen M. Hawk). The BOP confirmed to the 
Committee by telephone in November 1995 that the non-citizen population 
remains at approximately 24 percent.
    \15\ Id.; ``Management Practices of the Immigration and 
Naturalization Service: Hearing Before the Subcomm. on Immigration and 
Claims of the House Comm. on the Judiciary,'' 104th Cong., 1st Sess. 41 
(February 8, 1995) (Hearing: Management Practices).
---------------------------------------------------------------------------
    The INS reports that there are an estimated 69,926 foreign-
born inmates in State prisons, and that 80 percent of these, or 
55,640, are deportable.16 (The remainder are not 
deportable because they are either naturalized citizens or 
lawful permanent residents with protection from deportation.) 
More than 81 percent (56,391) of the overall foreign-born state 
prison population are in seven high immigration states: 
California, Texas, Florida, New York, Illinois, New Jersey, and 
Arizona.17 The INS believes that the number of criminal 
aliens in Federal or State prisons who are subject to final 
orders of deportation is small. The INS and the Executive 
Office for Immigration Review (EOIR) complete deportation 
proceedings against incarcerated criminal aliens through the 
Institutional Hearing Program (IHP); most IHP proceedings are 
completed close to the alien's scheduled release from prison.
    \16\ Hearing: Criminal and Illegal Aliens, supra note 13, at 8 
(Statement of T. Alexander Aleinikoff).
    \17\ Id.
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Illegal aliens

    The overall population of illegal aliens in the United 
States is now estimated at 4,000,000 or more, with an annual 
increase of 300,000 to 400,000. Only a fraction face 
immigration enforcement proceedings. In FY 1995, deportation 
proceedings resulted in orders of deportation against 82,915 
aliens. An additional 22,815 aliens were ordered deported by 
immigration judges after being found excludable from the U.S. 
Finally, 19,040 aliens were granted voluntary departure after 
being found deportable. These deportation and exclusion figures 
represent substantial increases from the same figures for FY 
1994, when 67,352 were ordered deported, 16,730 were found 
excludable, and 13,416 were granted voluntary departure. The 
principal reason is additional resources that have permitted 
the hiring of new immigration judges and INS trial counsel. The 
direct referral of unsuccessful asylum applicants to 
deportation proceedings under the new asylum regulations will 
lead to further increases in the number of deportation 
proceedings.
    In FY 1995, a total of 17,464 aliens filed appeals to the 
Board of Immigration Appeals; the BIA affirms the vast majority 
of deportation and exclusion orders. A smaller number--
approximately 1200 in recent years--appeal their cases to the 
Federal courts.
    The number of aliens ordered deported, moreover, greatly 
exceeds the number who actually are removed from the U.S. In 
1995, the INS removed 49,311 illegal aliens, 41,451 of which 
had received deportation hearings, and 7,860 of which had been 
processed through exclusion hearings. Approximately 32,000 
(29,255 from deportation cases, and 2,738 from exclusion cases) 
of these aliens were criminals. Thus, an important subset of 
the annual growth in the number of illegal aliens--as many as 
50,000 or more--consists of those who have been ordered 
deported, but are not actually removed.
    A critical question, for which there is no precise answer, 
is how many of the aliens ordered deported but not removed are 
criminals. The INS claims that this figure is very low, because 
criminal aliens who are in INS custody and have received final 
orders of deportation are kept in custody and deported. 
However, the INS admits that some convicted criminal aliens 
with final orders of deportation are released. The INS explains 
that these are generally lawful permanent residents who are 
deemed unlikely to abscond. The INS also admits that some 
criminal aliens are released from custody prior to having their 
deportation proceedings completed. This is often done because 
of a lack of detention space. These aliens are generally 
released on bond; however, some of them do not appear for their 
deportation hearings and thus disappear into the general 
population of illegal aliens.18
    \18\ See generally Hearing: Criminal and Illegal Aliens, supra note 
13 at 45-48; Hearing: Management Practices, supra note 15, at 49-50.
---------------------------------------------------------------------------

Summary

    The number of aliens incarcerated in Federal and State 
prisons has risen dramatically in the past 15 years to close to 
100,000. Approximately 45,000 criminal aliens are placed in 
deportation proceedings each year, and in the last fiscal year, 
29,000 were removed from the country. A certain number of 
criminal aliens, including a small number with final orders of 
deportation, are released from INS detention each year.
    The overall population of illegal aliens is growing much 
more rapidly (300,000-400,000 per year) than the number of 
aliens that the INS seeks to remove through deportation 
proceedings. More than 100,000 aliens are ordered deported or 
excluded each year, but only about 50,000 (32,000 of which are 
criminals) are actually removed from the United States. Thus, 
in addition to the general illegal immigrant population, there 
are growing numbers of aliens remaining in the United States 
who are not only illegally present, but who have ignored final 
orders of deportation to leave the U.S. (These figures do not 
include aliens granted voluntary departure who do not, in fact, 
depart from the U.S.)

            B. Legal Issues Pertaining to Removal of Aliens

    The vast majority of illegal aliens apprehended in the 
United States are those who have crossed the Mexican border and 
are allowed to return voluntarily without being placed in 
formal deportation proceedings. Other aliens may be placed in 
deportation proceedings under section 242 of the Immigration 
and Nationality Act (INA), 8 U.S.C. 1252, through issuance of 
an ``Order to Show Cause.'' (OSC) 19 An OSC requires an 
alien to appear for hearing before an immigration judge within 
the Executive Office for Immigration Review.
    \19\ See INA Sec. 242B.
---------------------------------------------------------------------------
    An alien is entitled to be represented by counsel, at no 
expense to the Government, and to examine evidence and cross-
examine witnesses at the deportation proceeding. At most 
hearings, the issue of deportability is conceded: the alien 
essentially admits that he or she is here illegally, but seeks 
relief from deportation under one of the provisions of the INA. 
The following are the most common forms of relief:

Voluntary departure

    Under section 244(e) of the INA, a deportable alien may be 
granted the option to voluntarily depart the United States, in 
lieu of deportation. This option is attractive because it 
allows the alien to leave without bearing the consequences of 
having been deported, which include restrictions on subsequent 
legal entries to the United States. An alien may be granted 
voluntary departure if the alien has been a person of good 
moral character for the previous five years. The grant of 
voluntary departure gives the alien a specific amount of time 
to leave the U.S., after which the alien becomes subject 
automatically to an order of deportation.

Asylum

    The alien may state a ``defensive'' claim for asylum (as 
opposed to an ``affirmative'' claim presented in the first 
instance to an INS asylum officer). The immigration judge rules 
on the asylum claim in accordance with section 208 of the INA, 
which permits the granting of asylum to any alien present in 
the U.S. who meets the definition of a ``refugee'' under 
section 101(a)(42) of the INA.20
    \20\ An asylum claim also is considered a claim for withholding of 
deportation under section 243(h) of the INA; but very few aliens are 
granted withholding of deportation because if they are eligible for 
that form of relief, they are probably eligible for the more permanent 
relief of asylum. Withholding of deportation, which conveys no right to 
remain in the United States permanently, must be granted when the 
immigration judge finds that the alien's life or freedom would be 
threatened on account of race, religion, nationality, membership in a 
particular social group, or political opinion. (An asylee, by contrast, 
need only show a ``well-founded fear'' of persecution on account of one 
of these five grounds.)
---------------------------------------------------------------------------
    Under new INS regulations effective in January 1995,21 
failed applicants in the ``affirmative'' asylum system will be 
directly referred to an immigration judge for deportation 
hearing and be able to renew their asylum claim in that 
proceeding. This is expected to ensure that failed asylum 
seekers remain under INS docket control and are ordered to 
leave the country.
    \21\ 59 Fed. Reg. 62284 (Dec. 5, 1994).
---------------------------------------------------------------------------
    Aggravated felons are barred from seeking asylum and are 
ineligible for withholding of deportation.

Suspension of deportation

    Under section 244 of the INA, aliens who have been present 
in the United States for seven years or longer may qualify for 
suspension of deportation if deportation would result in 
extreme hardship to the alien, or to a family member who is a 
citizen or a lawful permanent resident. Aliens convicted of 
crimes (but not aggravated felons) are eligible for suspension 
of deportation only if they have shown 10 years of good moral 
character since the conviction and can show extreme and unusual 
hardship. A person granted suspension of deportation is 
permitted to become a lawful permanent resident of the United 
States.
    Aggravated felons are ineligible for suspension of 
deportation.

``Section 212(c)'' relief

    Section 212(c) of the INA provides that a lawful permanent 
resident returning to an ``unrelinquished domicile'' in the 
United States of at least seven years standing may be admitted 
to the United States even if he or she is excludable for having 
committed a crime. This provision has been interpreted to apply 
to deportation proceedings as well, on the ground that it is 
unconstitutional to limit the relief to a lawful permanent 
resident who has departed the U.S.22 In these cases, the 
immigration judge decides whether the lawful permanent resident 
has established sufficient ``equities'' (including 
rehabilitation and non-recidivism) to outweigh the crime 
committed. A person granted this relief retains lawful 
permanent resident status.
    \22\ Francis v. INS, 532 F.2d 268 (2d Cir. 1976); Matter of Silva, 
16 I&N Dec. 26 (BIA 1976).
---------------------------------------------------------------------------
    Aggravated felons are ineligible for this form of relief if 
they have been convicted of crimes for which they have served, 
in the aggregate, five years in prison.
    Each of these forms of relief may be exploited by illegal 
aliens to extend their stay in the United States. Voluntary 
departure is subject to abuse because there is very little 
assurance that aliens actually leave the United States, and 
very little incentive for them to do so. In addition, the 
Government often gets nothing in return for granting this form 
of relief. Voluntary departure could be used to ``settle'' 
deportation cases expeditiously and ensure that people actually 
leave the United States, but this is not frequently done under 
the current system.
    Asylum is often claimed by persons who have not suffered 
persecution, but who know that delays in adjudication 
(particularly in the affirmative asylum system) will allow them 
to remain in the United States indefinitely, meanwhile accruing 
time so that they will be eligible for suspension of 
deportation if they are ever placed in deportation proceedings.
    Suspension of deportation is often abused by aliens seeking 
to delay proceedings until 7 years have accrued. This includes 
aliens who failed to appear for their deportation proceedings 
and were ordered deported in absentia, and then seek to re-open 
proceedings once the requisite time has passed. Such tactics 
are possible because some Federal courts permit aliens to 
continue to accrue time toward the seven year threshold even 
after they have been placed in deportation proceedings. Similar 
delay strategies are adopted by aliens in section 212(c) cases, 
where persons who have been in the United States for a number 
of years, but have only been lawful permanent residents for a 
short period of time, seek and obtain this form of relief.

      C. Procedural Issues Pertaining to Removal of Illegal Aliens

    Illegal aliens also may frustrate removal through taking 
advantage of certain procedural loopholes in the current 
removal process.
    First, aliens may request and obtain multiple continuances, 
in order to change the venue of their hearing, obtain an 
attorney, or prepare an application for relief. Due to the 
crowded dockets in the immigration courts, delays can stretch 
out over weeks and months.
    Second, many aliens simply fail to appear for their 
deportation hearing. A 1989 study by the General Accounting 
Office estimated that 27 percent of deportation proceedings are 
closed because aliens fail to appear for their hearings. The 
``no-show'' rate can exceed 50 percent in venues such as New 
York, Los Angeles, and Miami. Bonds apparently do not have a 
strong deterrent effect against no-shows.
    Third, lapses (perceived or genuine) in the procedures for 
notifying aliens of deportation proceedings lead some 
immigration judges to decline to exercise their authority to 
order an alien deported in absentia. These problems are 
exacerbated by the fact that aliens may request a change of 
venue of their proceeding. Often, an alien who has changed 
venue will not inform the INS of a changed address (or of 
subsequent address changes) despite the legal obligation to do 
so.
    Fourth, there are few consequences (other than forfeiture 
of bond) for aliens who fail to appear for their hearings. 
Failure to appear for earlier proceedings is rarely if ever 
cited as an example of misconduct in future hearings if the 
alien is applying for relief such as suspension of deportation. 
Furthermore, aliens expect that the INS is unlikely to mount 
any serious effort to apprehend them if they fail to appear.
    Fifth, although only a small percentage of aliens appeal 
their deportation orders to the Board of Immigration Appeals or 
to the Federal courts, those who do can count on significant 
delays in the disposition of their appeal.
    Sixth, illegal aliens apprehended at worksites have, as a 
result of being placed in deportation proceedings, acquired the 
right to obtain work authorization pending the completion of 
their hearings. This leads to the anomalous situation in which 
an alien who was illegally working for an employer one week may 
be legally re-hired the following week after being apprehended 
by INS. Cases like this should be rare in the future, however, 
since the INS in January 1995 repealed the regulatory provision 
that granted work authorization to all aliens in deportation 
proceedings.23 Aliens seeking certain forms of relief from 
deportation (though not asylum) continue to be eligible for 
work authorization.
    \23\ 59 Fed. Reg. 62284 (Dec. 5, 1994).
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   D. Detention Issues Pertaining to Removal of Criminal and Illegal 
                                 Aliens

    A chief reason why many deportable aliens are not removed 
from the United States is the inability of the INS to detain 
such aliens through the course of their deportation 
proceedings. The INS plans to increase its detention space to 
about 8,500 beds in FY 1996, an increase of close to 50 
percent.24 This enables the INS to detain approximately 
100,000 aliens per year, with an average stay of 28 
days.25 Detained cases are given priority in the 
immigration system, both by immigration judges and the BIA. 
However, relatively few deportable aliens, outside of 
criminals, are detained at all. In order to manage its limited 
resources, the INS has adopted the following detention 
priorities:
    \24\ Hearing: Removal of Criminal and Illegal Aliens, supra note 
13, at 35.
    \25\ The INS reported to the Committee in December 1995 that 
approximately 83,400 aliens were detained in 6,418 funded detention 
beds in FY 1995, with an average stay of 28.3 days. Increasing the 
available beds to 8,500 actually will enable the detention of more than 
100,000 aliens, based on the same average length of stay.
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          1. Aliens convicted of crimes or identified as alien 
        smugglers;
          2. Excludable aliens, with priority to those with 
        criminal or terrorist histories or those attempting to 
        enter the United States with fraudulent documents;
          3. Deportable aliens who have committed fraud against 
        the INS, such as those who have entered with fraudulent 
        visas;
          4. Deportable aliens who have failed to appear for 
        their hearings or who have been previously ordered 
        deported;
          5. Deportable aliens apprehended while trying to 
        enter illegally;
          6. Other deportable aliens, including those working 
        illegally;
    These priorities lead to disparities of treatment among 
aliens who might be considered as having committed similar 
immigration violations. For example, an alien who is caught at 
a port of entry with a fraudulent document is more likely to be 
detained than an alien who has entered the United States on a 
nonimmigrant visa, overstayed, and been apprehended while 
working illegally. A criminal alien is likely to be detained 
for at least some period of time; an alien who has actually 
been ordered deported is unlikely to be detained at all. In 
fact, at the conclusion of a deportation proceeding, it is 
exceedingly rare that an alien is taken into custody after 
being ordered deported, unless the alien is already in INS 
detention.
    Another issue related to the release of deportable aliens 
is the use of bonds. The INA provides that bonds can be 
required for those released pending their hearings. Bond 
amounts in immigration cases are often ``absolute''--bonding 
companies are reluctant to underwrite the high risk of aliens 
failing to appear, and thus, aliens must put up the full amount 
of the bond. In addition, the INS is sometimes reluctant to set 
bonds too high because if the alien is not able to pay, the 
alien cannot be released, and a needed bed space is lost. In 
essence, in deciding to release a deportable alien, the INS is 
making a decision that the alien cannot be detained given its 
limited resources. A bond requirement under such circumstances 
is an empty threat. In addition, an alien may contest the 
amount of bond before an immigration judge.\26\
    \26\ The procedures for setting and redetermining the amounts of 
bonds is one of the most complex procedural aspects of the deportation 
and removal process.
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      E. Recent Strategies to Expedite Removal of Criminal Aliens

The Institutional Hearing Program

    The Institutional Hearing Program (IHP) is a joint effort 
between the INS, the Executive Office for Immigration Review 
(EOIR), and State and Federal correctional officials to ensure 
that alien inmates receive orders of deportation prior to the 
end of their criminal sentences. The goal is to conclude 
exclusion and deportation hearings against criminal aliens 
before they complete their prison terms, making them amenable 
to deportation upon release.\27\ The hearings are similar in 
procedure to other deportation hearings.
    \27\ Hearing: Removal of Criminal and Illegal Aliens, supra note 
13, at 183 (Statement of Gerald S. Hurwitz, Counsel to the Director, 
Executive Office for Immigration Review).
---------------------------------------------------------------------------
    The program began in 1986 after the passage of the 
Immigration Reform and Control Act. It has since expanded so 
that hearings can be held in a number of Federal facilities, 
and in every State, D.C., and Puerto Rico. The IHP expedites 
hearings in Federal prisons by centralizing the alien inmate 
populations in six facilities. In the States, IHP hearings have 
been expedited through similar patterns of centralizing inmates 
at particular facilities.
    In FY 1995, a total of 9,557 criminal aliens were removed 
from the U.S. based on completion of IHP proceedings in 
federal, state, and county facilities. A larger number were 
interviewed and processed for a final removal order. In FY 
1995, the INS and EOIR have moved to expand the IHP in 5 states 
with the largest criminal alien populations: California, 
Florida, Illinois, New York, and Texas. The expansion includes 
the permanent assignment of immigration judges and INS trial 
attorneys to IHP hearing sites. In these 5 states in FY 1995, 
approximately 24,000 foreign-born inmates were interviewed and 
approximately 15,000 removal proceedings were commenced.

Expedited administrative deportation

    Section 130004 of the Violent Crime Control and Law 
Enforcement Act of 1994 (Pub. L. 103-322, Sept. 13, 1994) 
amended section 242A of the INA to provide for expedited 
deportation procedures for aliens convicted of aggravated 
felonies who are not lawfully admitted for permanent residence 
to the United States and are not eligible for any relief from 
deportation. Under these procedures, an INS District Director 
will be able to issue an order of deportation without the need 
for a hearing before an immigration judge. The alien shall be 
provided notice of the grounds for deportation and of his right 
to contest the deportation, and shall have the opportunity to 
inspect the evidence. The alien may not be deported for a 
period of 30 days, in order to have time to contest the order 
or seek judicial review. However, judicial review is limited to 
whether the alien: (1) has been correctly identified; (2) has 
been convicted of an aggravated felony; and (3) has been 
afforded the limited procedural rights under this new 
provision.\28\
    \28\ Final regulations to implement the administrative deportation 
process were issued in August 1995. 60 Fed. Reg. 43954 (Aug. 24, 1995).
---------------------------------------------------------------------------

Judicial deportation

    Section 224 of the Immigration and Nationality Technical 
Corrections Act of 1994 (enacted October 25, 1994) amended 
section 242A of the INA to provide that Federal judges may, at 
the time of sentencing of a criminal alien, order the alien to 
be deported. This obviates the need for a separate deportation 
proceeding. A United States Attorney must file a notice upon 
the defendant and the INS stating his or her intention to seek 
judicial deportation; the INS must concur with the United 
States Attorney's intention to seek an order of deportation. 
The alien must be provided notice of the grounds for 
deportation and the opportunity to examine the evidence and 
rebut the charges.

                          F. Alien Terrorists

    The removal of alien terrorists from the U.S., and the 
prevention of alien terrorists from entering the U.S. in the 
first place, present among the most intractable problems of 
immigration enforcement. The stakes in such cases are 
compelling: protecting the very lives and safety of U.S. 
residents, and preserving the national security. Yet, alien 
terrorists, while deportable under section 241(a)(4)(D) of the 
INA, are able to exploit many of the substantive and procedural 
provisions available to all deportable aliens in order to delay 
their removal from the U.S. In addition, alien terrorists, 
including representatives and members of terrorist 
organizations, often are able to enter the U.S. under a 
legitimate guise, despite the fact that their entry is inimical 
to the national interests of the U.S. In several noteworthy 
cases, the Department of Justice has consumed years of time and 
hundreds of thousands (if not millions) of dollars seeking to 
secure the removal of such aliens from the U.S.
    Starting in the first Administration of President Reagan, 
the Department of Justice has sought reform of immigration law 
and procedures to better enable this country to protect itself 
against the threat of alien terrorists. The chief target of 
these reforms are the statutory and administrative protections 
given to such aliens, many of which are not required by the due 
process clause of the Fifth or Fourteenth Amendment or any 
other provision of law, that enable alien terrorists to delay 
their removal from the U.S.
    The need for special procedures to adjudicate deportation 
charges against alien terrorists is manifest. Terrorist 
organizations have developed sophisticated international 
networks that allow their members great freedom of movement and 
opportunity to strike, including within the United States. 
Several terrorist groups have established footholds within 
immigrant communities in the U.S.
    The nature of these groups tend to shield the participants 
from effective counterterrorism efforts--including the most 
basic measure of removing them from our soil. The U.S. relies 
heavily upon close and continued cooperation of friendly 
nations who provide information on the identity of such 
terrorists. Such information will only be forthcoming if its 
sources continue to be protected. Thus, it is essential to the 
national security of the U.S. that procedures be established to 
permit the use of classified information in appropriate cases 
to establish the deportability of an alien terrorist.
    Such procedures also must be crafted to meet constitutional 
requirements. The government's efforts to safeguard lives and 
property and to protect the national security may be contested 
on the grounds that they conflict with the procedural rights of 
aliens. The interests of the government must therefore be 
balanced against the legitimate rights of those privileged to 
be present within the United States.\29\
    \29\ Fiallo v. Levi, 406 F. Supp. 162 (S.D.N.Y.), aff'd, 430 U.S. 
787 (1975); Jean v. Nelson, 472 U.S. 846, aff'g, 727 F.2d 957 (11th 
Cir. 1984); Kleindienst v. Mandel, 408 U.S. 753 (1972) (alien's 
presence in U.S. is privilege extended by Congress and not fundamental 
right.) See also Alvarez v. INS, 539 F.2d 1220 (9th Cir.), cert. 
denied, 430 U.S. 918 (1976) (applying rational basis test to equal 
protection claim for impermissible classification of aliens).
---------------------------------------------------------------------------

                III. Employer Sanctions and Verification

    The availability of jobs in the U.S. economy is a primary 
magnet for illegal immigration. The employment of illegal 
aliens, in turn, causes deleterious effects for U.S. workers.
    First, illegal immigrants by and large are attracted to 
America by the lure of jobs. As Vernon M. Briggs, Jr., 
professor of labor economics at Cornell University, stated in 
testimony before the Subcommittee on Immigration and Claims on 
April 5, 1995, ``It has long been conceded that the driving 
force behind illegal immigration is access to the U.S. labor 
market.'' \30\ The U.S. Commission on Immigration Reform 
stated:
    \30\ ``Impact of Illegal Immigration on Public Benefit Programs and 
the American Labor Force: Hearing Before the Subcomm. on Immigration 
and Claims of the House Comm. on the Judiciary,'' 104th Cong., 1st 
Sess. (1995) (Statement of Vernon M. Briggs, Jr.).

          Employment opportunity is commonly viewed as the 
        principal magnet which draws illegal aliens to the 
        United States. Since the beginning of U.S. history, 
        foreigners have come to the United States in search of 
        a better life. Whatever initially motivated them to 
        come here, they often ended up seeking and finding 
        employment. For years, U.S. policy tacitly accepted 
        illegal immigration, as it was viewed by some to be in 
        the interests of certain employers and the American 
        public to do so.\31\
    \31\ 1994 Commission Report at 88 (1994).

This ``tacit acceptance'' of illegal immigration was reflected 
in the fact that, until the last decade, no law prohibited the 
employment of illegal aliens. The Select Commission on 
Immigration and Refugee Policy (1981) stated that ``[a]s long 
as the possibility of employment exists, men and women seeking 
economic opportunities will continue to take great risks to 
come to the United States, and curbing illegal immigration will 
be extremely difficult.'' \32\ The Select Commission concluded 
that economic deterrents--specifically, a law prohibiting the 
hiring of undocumented or illegal aliens--were necessary to 
curb illegal immigration.
    \32\ 1981 Select Commission Report, supra note 1, at 59.
---------------------------------------------------------------------------
    Second, employment of illegal aliens is having a 
detrimental effect on low skilled American workers. Professor 
Briggs testified further that:

          Every study of illegal immigration of which I am 
        aware has concluded that it is the low skilled sector 
        of the U.S. labor force that bears the brunt of the 
        economic burden. For illegal immigrants are 
        overwhelmingly found in the secondary labor market of 
        the U.S. economy. This segment of the labor market is 
        characterized by jobs that require little in the way of 
        skill to do them and the workers have little in the way 
        of human capital to offer. The concentration of 
        illegals in the secondary labor market occurs because 
        most of the illegal immigrants themselves are 
        unskilled, poorly educated, and non-English speaking 
        which restricts the range of jobs . . . they can seek. 
        . . . Although occupational definitions vary, it can be 
        crudely estimated that about one quarter to one-third 
        of the U.S. labor force are employed in jobs that are 
        predominately concentrated in the secondary labor 
        market. This high percentage certainly belies the claim 
        that U.S. citizens and resident aliens will not work in 
        these low skilled occupations.\33\
    \33\ See Briggs testimony, supra note 30.

Dean Frank Morris of Morgan State University concluded at the 
same hearing that ``it is time that the labor market effects, 
especially the labor market effects of illegal immigration on 
African Americans and other low income workers be addressed as 
a top priority.'' \34\ More recently, a paper from the Bureau 
of Labor Statistics reported that immigration accounts for as 
much as 50 percent of the decline in real wages of high school 
dropouts, and for approximately 25 percent of the increase in 
the wage gap between low- and high-skilled workers.\35\
    \34\ ``Impact of Illegal Immigration on Public Benefit Programs and 
the American Labor Force: Hearing Before the Subcomm. on Immigration 
and Claims of the House Comm. on the Judiciary,'' 104th Cong., 1st 
Sess. (1995) (Statement of Frank Morris).
    \35\ David A. Jaeger, ``Skill Differences and the Effect of 
Immigrants on the Wages of Natives,'' U.S. Dep't of Labor, Bureau of 
Labor Statistics, Office of Employment Research and Program 
Development, Working Paper 273 (Dec. 1995).
---------------------------------------------------------------------------

The Immigration Reform and Control Act

    Laws against the employment of illegal aliens (``employer 
sanctions'') were considered by Congress as early as the 1952 
Immigration and Nationality Act. The endorsement by the Select 
Commission in 1981 provided a strong impetus for the passage of 
such measures, and employer sanctions became a part of the 
Simpson-Mazzoli immigration reform bill, eventually enacted as 
the Immigration Reform and Control Act of 1986 (IRCA).
    IRCA's employer sanctions and verification provisions 
prohibit employers from knowingly hiring aliens who are not 
authorized to work in the United States.36 IRCA also 
requires that employers verify the employment eligibility and 
identity of all new employees by examining documents provided 
by new employees, and by completing the Employment Eligibility 
Verification Form (INS Form I-9). IRCA also prohibited 
discrimination in employment based on national origin or 
citizenship status, except with respect to persons not 
authorized to work in the United States.37 Enforcement of 
the IRCA provisions, however, has been hampered by rampant use 
of fraudulent documents, confusion on the part of employers, 
and continued access by illegal aliens to jobs and public 
benefits.38
    \36\ Title I of Pub.L. 99-603, Nov. 6, 1986, as amended, enacting 
section 274A of the Immigration and Nationality Act (INA). The 
penalties include fines from $100 to $1000 per individual for 
``paperwork'' violations (failure to properly complete the Form I-9); 
fines of $250 to $10,000 for knowingly hiring, continuing to employ, 
recruiting, or referring an unauthorized alien to work; and criminal 
penalties for engaging in a pattern or practice of violating the 
employer sanctions provisions.
    Generally, those unauthorized to work are illegal aliens and 
holders of certain nonimmigrant visas that do not permit employment. 
However, one may be a ``legal alien'' (for example someone who is 
present legally in the United States pursuant to a type of nonimmigrant 
visa that does not authorize employment) but not be authorized to work. 
Similarly, one can be an illegal alien, but be authorized to work. 
(This latter category would include certain asylum applicants and 
aliens awaiting completion of deportation proceedings.) Lawful 
permanent residents are always authorized to work.
    \37\ Section 102 of IRCA, adding section 274B of the INA. Section 
274B provides for creation within the Department of Justice of a 
Special Counsel for Immigration-Related Unfair Employment Practices 
(``Special Counsel'' or ``OSC''). The Special Counsel employs 
approximately 14 attorneys and 3 investigators to investigate charges 
of discrimination received from the public. The Immigration Act of 1990 
increased the fines that may be imposed for discrimination violations 
to levels equivalent to those imposed for employer sanctions 
violations.
    \38\ See generally ``Verification of Eligibility for Employment and 
Benefits: Hearing Before the Subcomm. on Immigration and Claims of the 
House Comm. on the Judiciary,'' 104th Cong., 1st Sess. (March 30, 
1995).
---------------------------------------------------------------------------

Work eligibility documents and document fraud

    The 29 documents that may be used to establish 
identification and eligibility to work are divided by statute 
and regulation into three categories:
          So-called ``A List'' documents establish both work 
        eligibility and identification. An employee producing 
        one of these 12 documents does not need to produce any 
        other document.39
    \39\ These include a U.S passport, certificate of citizenship, 
certificate of naturalization, Alien Registration Receipt Card (I-151) 
or Resident Alien Card (I-551--``Green Card''), unexpired foreign 
passport stamped by the INS to indicate employment authorization, 
Temporary Resident Card (INS Form 688), Employment Authorization Card 
(Form I-688A), reentry permit (Form I-327), Refugee Travel document 
(Form I-571), employment authorization document issued by INS bearing a 
photograph. See 8 C.F.R. 274a.2(b)(1)(v)(A).
---------------------------------------------------------------------------
          ``B List'' documents establish identity only. The 
        most common document produced from this list is the 
        driver's license.40
    \40\ There are 10 such documents, including a state driver's 
license or identification card with a photograph or identifying 
information, a school ID card with photograph, a voter registration 
card, and a U.S. military or dependent's ID card. See 8 CFR 
274a.2(b)(v)(B).
---------------------------------------------------------------------------
          ``C List'' documents establish employment eligibility 
        only. The most common documents produced from this list 
        are birth certificates and the social security 
        card.41
    \41\ There are 7 such documents, including the social security 
card, a certificate of birth abroad issued by the Department of State, 
an original or certified copy of a birth certificate, or an employment 
authorization card issued by the INS, but not included in List A. See 8 
CFR 274a.2(b)(v)(C).
---------------------------------------------------------------------------
    The employer's responsibility is limited to determining 
whether or not the documents ``appear'' to be genuine; they are 
allowed a good faith defense and are not liable for verifying 
the validity of the documents. However, employers are the 
initial enforcers of the employment eligibility restrictions.
    The number of permissible documents has long been subject 
to criticism. The INS published a proposed regulation in 1993 
(with a supplement published on June 22, 1995) to reduce the 
number of documents from 29 to 16. This proposal, however, does 
not reflect the consensus of opinion that documents should be 
reduced even further, and that documents that are easily 
counterfeited should be eliminated entirely.
    The problem of document fraud is pervasive. Social security 
cards, birth certificates, and the alien registration cards 
(``green cards'') are the most commonly used employment 
eligibility documents. They are also the ones most prone to 
counterfeit, the incidence of which has increased sharply since 
the passage of IRCA. Birth certificates, even if issued by 
lawful authority, may be fraudulent in that they do not belong 
to the person who has requested that one be issued. This 
problem is exacerbated by the large number of authorities--
numbering in the thousands--that issue birth certificates.

Enforcement issues

    A majority of employers comply with both the employment 
restriction and verification requirements of IRCA. 
Nevertheless, enforcement of employer sanctions has been beset 
by difficulty from the start. Among the chief problems have 
been:
          The fact that workers may present any of a large 
        number of documents, some of which may be obscure or 
        unfamiliar, in order to establish the worker's 
        identification and eligibility to be employed;
          A proliferation of fraudulent documents, particularly 
        birth certificates, social security cards, drivers' 
        licenses, and INS work authorization cards, that are 
        used to establish identity and eligibility to be 
        employed;
          Employer confusion regarding the requirements for 
        verification of work eligibility;
          Allegations that fear of liability for hiring 
        unauthorized workers has led some employers to 
        discriminate against job applicants who appear to be 
        foreign-born;
          Tepid enforcement efforts by the INS on the hiring of 
        unauthorized workers and an overemphasis on paperwork 
        violations (failure to fully or correctly complete the 
        I-9 form).
    Employers also report feeling trapped between the work 
verification and anti-discrimination provisions of IRCA. ``As a 
result of inconsistent and confused government regulations, 
policies or pronouncements, compliance with one of these 
precepts sometimes inevitably means violation of the other.'' 
42 As a result, some businesses take a less aggressive 
posture in identifying fraudulent documents, and thus hire 
(even if unknowingly) aliens not authorized to work.
    \42\ Hearing before the Subcomm. on Immigration, Refugees, and 
International Law of the House Comm. on the Judiciary, 103rd Cong., 2d 
Sess. 83-84 (Oct. 3, 1994) (statement of Daryl Buffenstein, President-
Elect of the American Immigration Lawyers Association).
---------------------------------------------------------------------------

                         iv. legal immigration

                A. Sources of Current Immigration Policy

    Legal immigration to the United States has steadily 
increased from the end of the Second World War (during which 
virtually no immigration took place) to the current decade, in 
which an average of nearly 1,000,000 persons have legally 
immigrated (or been granted permanent resident status) each 
year. During that time, the composition of the immigration 
population also has changed. Between 1941 and 1960, the top 
five countries sending immigrants to the United States were 
Germany, Canada, Cuba, the Philippines, and the United Kingdom. 
From 1981 to 1993, the top five were Mexico, the Philippines, 
China, Korea, and Vietnam.
    These changes in immigration are due in large part to three 
major legislative enactments.

The Immigration Act of 1965

     The Immigration Act of 1965, Pub. L. 89-236, abolished the 
national origins quota system established by the Immigration 
Act of May 26, 1924. The 1924 law prohibited virtually all 
immigration from Asian countries and imposed quotas on non-
Western Hemisphere countries. These measures were intended to 
preserve the ethnic balance existing in the country at the time 
of the 1890 census. As a result, Southern and Eastern 
Europeans, who had comprised the majority of immigration during 
the period 1901-1920, were largely excluded under the quota 
system. Immigration from the Western Hemisphere, however, was 
virtually unrestricted.
    In place of the national origins quota system, the 1965 Act 
established a system based on overall ceilings and preference 
categories. There was an annual ceiling of 170,000 on Eastern 
Hemisphere immigration with a 20,000 per country limit. Within 
these restrictions, immigrant visas were distributed according 
to a seven-category preference system placing priority, in 
order, on family reunification, needed skills, and refugees. 
The 1965 law also provided that Western Hemisphere immigration 
would be limited by an annual ceiling of 120,000, without per-
country limits or a preference system. Congressional amendments 
in 1976 extended the per-country limits and preference system 
to the Western Hemisphere, and in 1978 established a single 
worldwide immigrant ceiling of 270,000, exclusive of refugees.
    The principal effects of the 1965 law and these amendments 
were to make family unification the dominant principle of 
United States immigration law, and to change the ethnic 
composition of immigration. By the mid-1980s, nearly 75 percent 
of all legal immigrant admissions were admitted as immediate or 
extended family members. In addition, 85 percent of immigrants 
now come from Asia, Latin America (including Mexico), Oceania, 
and Africa; 15 percent came from Europe and Canada.

The Refugee Act of 1980

    The next major change in immigration law was the Refugee 
Act of 1980 (Pub. L. 96-212). The law removed refugee 
admissions from the preference system and established a system 
whereby the President, after ``appropriate consultations,'' 
establishes the number of refugees to be admitted in a given 
year. The law also enacted section 208 of the INA, requiring 
the Attorney General to establish a procedure for granting 
asylum to persons present in the United States or at our 
borders who meet the definition of refugee.
    During the past 15 years, the number of refugees admitted 
from overseas has increased. A record 354,000 refugees arrived 
in the United States in 1980, which included approximately 
150,000 Cuban marielitos and large numbers of Southeast Asian 
refugees. A record 155,000 refugees adjusted to permanent 
resident status in 1982. A yearly average of 110,000 refugees, 
and an additional 11,000 asylees, adjusted to permanent 
resident status in 1990 through 1994. The Administration has 
projected that there will be 90,000 refugee admissions in FY 
1996, with a gradual decrease to 50,000 per year later in the 
decade.43
    \43\ U.S. Commission on Immigration Reform, Legal Immigration: 
Setting Priorities 136 (1995) (Hereinafter referred to as 1995 
Commission Report).
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    The number of asylum applications has increased more 
dramatically, from approximately 30,000 in the early 1980s to 
150,000 per year by the early 1990s. Most of these were 
meritless applications filed by illegal aliens in order to 
prolong their stay in the U.S. and to receive work 
authorization. Thus, abuse of the asylum system has had a 
profound effect on illegal immigration. On the other hand, 
legitimate use of the asylum system has not dramatically 
increased the amount of legal immigration: the number of 
persons granted asylum each year has been 15,000-20,000 or 
less. The asylum reform regulations effective in January 1995 
were intended to discourage the filing of nonmeritorious asylum 
applications by illegal immigrants and to expedite the removal 
of applicants who are denied. The number of asylum applications 
has significantly declined since these regulations went into 
effect.

The Immigration Reform and Control Act of 1986

    The Immigration Reform and Control Act of 1986 (IRCA) 
included a program for legalization of long-term resident 
illegal aliens that will affect the flow of legal immigration 
for years to come. IRCA's legalization program included aliens 
who had resided continuously in the United States in an 
unlawful status since before January 1, 1982. In addition, the 
Special Agricultural Workers program provided for the 
legalization of certain agricultural workers (SAWs) present in 
the United States during 1985 and 1986. Approximately 2.7 
million persons received lawful permanent resident status 
through the legalization program in 1989 through 1993: about 
1.6 million as long-term illegal resident aliens and 1.1 
million as SAWs. While these numbers do not represent new 
admissions to the United States, the beneficiaries of 
legalization gain the ability to petition for relatives under 
the family preference system.

The Immigration Act of 1990

    The Immigration Act of 1990 included the first 
comprehensive reform of the legal immigration system since the 
Immigration Act of 1965. Major changes included a separation of 
family preference and employment-based preference categories, 
an increase in total immigration under an overall pierceable 
cap, an increase in employment-based immigration from 54,000 to 
140,000, and a provision for the admission of ``diversity 
immigrants'' from countries that have been underrepresented in 
United States immigration since 1965.
     Serious consideration of changes in the system established 
in 1965 began with the report of the Select Commission in 1981. 
Legislation was introduced in the Senate after the passage of 
IRCA that would have lessened the dominance of family-based 
immigration and provided more opportunity for ``traditional 
immigrants''--those without family ties in the United States.
    As a result of the 1990 Act, there is now a worldwide 
annual level of at least 675,000 immigrants, not including 
refugees and several other categories. Of this total, 480,000 
are family-related immigrants, 140,000 are employment-based 
immigrants, and 55,000 are diversity immigrants. In the family-
related category, there is no limit on the number of immediate 
relatives (spouses, unmarried minor children, and parents) of 
United States citizens who can be admitted in a given year. The 
number of admissions for immediate relatives of citizens counts 
against the total of 480,000 to a ``floor'' of 226,000; that 
is, at least 226,000 immigrant visas are reserved for other 
family preference categories, including unmarried (adult) sons 
and daughters of citizens (allocation=23,400), spouses and 
children of permanent resident aliens (114,200), married sons 
and daughters of citizens (23,400), and brothers and sisters of 
adult citizens (65,000).
    The 1986 amnesty provisions and the increases in the 1990 
act have resulted in high levels of admissions in recent years. 
The highest admissions level, including amnestied aliens 
adjusting to lawful status, occurred in 1991: 1,827,167. The 
highest admissions figure not counting amnestied aliens 
occurred in 1993: 880,014.

                B. The Need for Legal Immigration Reform

    Congress has the Constitutional task to set immigration 
policy in the national interest. As a result of legislation 
enacted in 1965, 1986, and 1990, the United States has 
dramatically increased overall levels of legal immigration. 
During the past 15 years, we have admitted or legalized almost 
12 million immigrants: an average of 733,000 each year legal 
immigrants were admitted or legalized from 1981-1990, and a 
whopping 1.13 million per year from 1991-1994. These numbers 
include the amnesty granted to 2.7 million illegal aliens under 
the 1986 Immigration Reform and Control Act. There is no 
comparable sustained period of immigration growth in American 
history.
    Such large increases in immigration create problems as well 
as opportunities for the American society and economy. The 
Commission on Immigration Reform noted that ``immigrants often 
are a bright spot in today's all too often bleak urban 
environment,'' and that in areas where they concentrate, 
immigrants ``frequently establish new businesses and other 
employment-generating activities that promote the renewal of 
city neighborhoods and commercial districts.'' 44 On the 
other hand, immigration has costs as well, many related to the 
fact that such a preponderance of immigrants (close to 9 
million since 1980) are admitted without reference to their 
level of education or skills. The current cohort of immigrants 
is far more likely to have less than a high-school education 
than native-born Americans. This can have the effect of 
flooding the labor market for unskilled work, as well as 
creating pockets of impoverished immigrants who will be less 
likely to assimilate into the broader American society.45 
The rise of immigrant-based organized crime groups suggests 
that screening of potential immigrants is not as rigorous as it 
ought to be. These negative impacts are most keenly felt in the 
handful of States in which a vast majority of immigrants choose 
to live, 46 and, ironically, cause most direct harm to 
recent immigrants.47 Legal immigration policy must strike 
a proper balance so that these problems do not overwhelm the 
opportunities that immigration brings to the nation, and result 
in job loss and displacement for American workers.
    \44\ 1995 Commission Report at 20.
    \45\ 1995 Commission Report at 25.
    \46\ Seventy percent of legal immigrants intend to live in the six 
states of California (25.8 percent); New York (18.0); Texas (7.3); 
Florida (6.9); New Jersey (5.5), and Illinois (5.3). 1995 Commission 
Report at 15-16.
    \47\ 1995 Commission Report at 27.
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    There also are legitimate concerns that the Government's 
and society's capacity for admitting, assimilating, and 
naturalizing immigrants have been strained by current levels of 
legal immigration. Again, these problems are heightened in 
high-immigration States. Our education system, for example, is 
burdened by the needs of immigrants who either are not 
proficient in English or illiterate in their own language or 
both. In Los Angeles county, education is provided in over 70 
languages at a larger ``per student'' cost to the taxpayer. 
While we should expect a great deal of diversity in 
immigration, the U.S.'s capacity to absorb immigrants is not 
unlimited.

Reform of family-based immigration

    Family-based immigration is the dominant category of 
immigration growth. Demand in these categories has grown 
dramatically due to the beneficiaries of legalization under 
IRCA obtaining permanent resident status, and in some cases 
citizenship, thus allowing them to petition for relatives 
abroad. In FY 1994, for example, 497,000 family-sponsored 
immigrants were admitted, as opposed to 123,000 employment-
based immigrants. Many of these employment-based immigrants 
were the spouses and children of the principal immigrants 
admitted for employment purposes. In addition, a significant 
portion of refugee admissions and asylum adjustments (121,000 
in 1994) consist of the relatives of principal refugee 
applicants. The primary beneficiaries of family-sponsored 
immigration are the families of recently-arrived immigrants, 
not of native-born U.S. citizens. This, combined with the share 
of family-sponsored immigration, means that most immigrants are 
admitted solely on the basis of their relationship to another 
immigrant.
    Supporters of family unification as an objective in 
immigration policy state that this pattern of immigration, in 
addition to serving the humanitarian interest in keeping 
families intact, helps immigrants to establish networks and put 
down roots that make them more productive members of society. 
However, because current family unification policy also permits 
the creation of migration ``chains''--immigrants petitioning 
for their parents and brothers and sisters, who may in turn 
petition for their children and other relatives--family 
immigration has become a form of entitlement that may crowd out 
other types of immigration that would be equally or more 
beneficial to American society. In addition, ``chain 
migration'' allows the demand for family immigration to grow 
exponentially.
    The availability of ``chain migration'' not only distorts 
the selection criteria for legal immigrants, but may add 
additional incentive for people to attempt illegal immigration 
to the U.S. There is growing evidence that some families 
overseas pool their resources to pay the smuggling fee for one 
family member to illegally enter the U.S., in the hope that 
this family member will eventually gain legal status, and be 
able to petition for other family members.48
    \48\ See, e.g., William Branigin, ``A Cottage Industry of 
Counterfeit People and Papers,'' Wash. Post, Nov. 25, 1995, A1, A12.
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    There are other compelling signs that this aspect of the 
legal immigration system is broken and in need of repair. Since 
1965, family unification has been a primary goal of our 
immigration policy. Currently, however, there is a backlog of 
1.1 million spouses and minor children of lawful permanent 
residents waiting for admission or for legal status. This means 
that many legal resident aliens are physically separated from 
their husbands, wives, and children for up to four years, and 
those applying today may wait up to 10 years. Even if the 
spouses and minor children are present in the U.S., their 
immigration status is uncertain.
    The basic failure of the current system, therefore, is that 
while it sets preferences, it fails to set priorities. For 
example, with a finite number of immigrant admissions, numbers 
allocated to brothers and sisters and other categories mean 
fewer numbers are allocated to the spouses and minor children 
of lawful permanent residents. The number of visas now used to 
admit brothers and sisters and adult children should be used 
instead to reduce the backlog for nuclear family members.
    The preservation of the nuclear family, therefore, should 
continue to be a cornerstone of U.S. immigration policy. The 
same priority cannot be given, and should not be given, to the 
admission of brothers and sisters and adult sons and daughters, 
solely on the basis of their family relationship to an 
immigrant. When an adult leaves his native land to emigrate to 
America, he or she makes a decision to be separated from 
brothers and sisters, parents, and adult children. We realize 
that this is a difficult decision in many cases, but 
ultimately, it is a decision that the immigrant has made.
    Immigration policy cannot and should not attempt to soften 
the blow by holding out the hope that these adult family 
members will be eligible to immigrate to the U.S. Clear 
evidence of this fact are the enormous backlogs that now exist 
in virtually all extended family categories. As of January 
1994, the State Department estimates the following number of 
persons waiting for admission to the U.S.: (1) unmarried adult 
sons and daughters of U.S. citizens: 63,499 (current law allows 
23,400 annual admissions); (2) unmarried adult sons and 
daughters of permanent resident aliens: 450,579 (36,266 annual 
admissions); (3) married adult sons and daughters of U.S. 
citizens: 257,110 (23,400 annual admissions); and (4) brothers 
and sisters of U.S. citizens: 1,643,463 (65,000 annual 
admissions). To clear out these backlogs, immigration law would 
have to provide up to an additional 2.4 million visas: a 
dramatic increase in legal immigration at a time when 
stabilization of immigrant numbers is called for. To compound 
the problem, these 2.4 million immigrants could petition for 
admission of their relatives, thus raising demand on the legal 
immigration system to an unprecedented level and creating new, 
exponentially larger backlogs.
    Excessive backlogs in these admission categories undermine 
the credibility and integrity of U.S. immigration policy 
because they hold out a promise of opportunity to immigrate 
that cannot be met in the foreseeable future. For most, the 
opportunity to immigrate to the U.S. as the adult relative of a 
citizen or lawful permanent resident is theoretical at best: a 
newly-arriving immigrant or newly-naturalized citizen can 
expect to wait 10 years, or longer in many cases, from the time 
an immigrant visa petition is filed for his or her relative to 
the time a visa for that relative becomes available. Thus, 
these categories often do not create an opportunity to 
immigrate, but an opportunity to wait in line. Some do not wait 
their turn, but instead immigrate illegally to the U.S., hoping 
(and in many cases succeeding) to wait here until their visa 
number becomes available. Thus, the unrealistic expectations 
created by the failure to set firm priorities in the system of 
legal immigration causes further incentive for illegal 
immigration.
    Finally, the permanent excessive demand on the immigration 
system represented by these backlogs makes it difficult if not 
impossible to alter course and give greater priority to 
immigration categories that are more closely tied to the 
national interest. We can sympathize with people who have been 
waiting in line and may no longer be eligible for admission. 
But immigration is a privilege, not a right, and not all those 
eligible at one time for a visa can be guaranteed to receive 
one. Otherwise, immigration policy would be forever ``locked 
in'' to decisions and priorities of the past.

Reform of employment-based immigration

    A reformed legal immigration system should make generous 
provision for the admission of highly-skilled and educated 
workers who will bring needed expertise to the American 
economy. For the most part, business immigration serves 
important economic and social objectives. It gives employers 
access to the increasingly global labor market and enables 
pursuit of international business opportunities, expansion in 
international markets, and overall enhancement of 
competitiveness. Business immigration can also expand job 
opportunities for U.S. workers by admitting top-flight talent 
which helps maintain U.S. leadership in developing 
technologies.
    At the same time, business immigration policies must 
protect U.S. workers from displacement or adverse effects on 
wages and working conditions. The labor certification process 
is the primary means to meet this objective. However, it should 
be recognized that a large influx of workers in and of itself 
may have some negative economic impacts. The admission of less-
skilled workers, for example, may hurt the domestic labor force 
by increasing competition for scarce jobs at the lower end of 
the economic ladder.49 Thus, the current system ill-serves 
the American economy by allowing for the admission of 10,000 
unskilled workers per year. This is particularly true since 
large numbers of unskilled workers are admitted through the 
family-based and humanitarian categories each year.
    \49\ One recent government study found that immigration accounted 
for roughly half of the decline in real wages among workers with less 
than a high school education. See David Jaeger, ``Skill Differences and 
the Effect of Immigrants on the Wages of Natives,'' U.S. Department of 
Labor, Bureau of Labor Statistics, Working Paper 273 (Dec. 1995).
---------------------------------------------------------------------------
    In addition, the business immigration categories should 
more clearly define those immigrants who, for the sake of 
protecting the American work force, can only be admitted after 
their sponsoring employer completes the labor certification 
process.50 Under current law, aliens with advanced degrees 
or exceptional ability must have a job offer and are subject to 
the labor certification process. However, these requirements 
can be waived when admission of the alien is deemed by the INS 
to be ``in the national interest.'' The problem is that the 
statute fails to define what constitutes the national interest, 
which has led to absurd results: among the aliens admitted on 
the national interest waiver in recent years are a golf course 
designer, a deer farmer, a children's musician, and numerous 
corporate employees whose only claim to ``national interest'' 
is improving the profitability of their own companies. All of 
these persons were presumably eligible for admission to the 
U.S., but it appears doubtful that waiver of the labor 
certification process was required by any national interest.
    \50\ See INA Sec. 212(a)(5)(A)(i).
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Reform of refugee admissions

    The current level of refugee admissions, which has exceeded 
100,000 per year for the past decade, is set by the President 
and reviewed by Congress through the consultation process 
established in the Refugee Act of 1980. A prime difficulty with 
this process is that Congress has virtually no influence in 
setting the refugee admissions numbers or allocations for any 
given fiscal year. The required consultations often take place 
weeks, if not days, before the start of the fiscal year, thus 
rendering moot the opportunity for meaningful input.
    The Refugee Act of 1980 51 was intended to establish a 
comprehensive yet flexible procedure for the admission and 
resettlement of refugees in the United States.52 To this 
end, Congress delegated authority for setting the number and 
allocation of refugee admissions to the President.53 At 
the same time, Congress retained for itself a broad 
consultative role in the process.54
    \51\ Pub. L. No. 96-212, 94 Stat. 102, in part adding INA 
Sec. Sec. 101(a)(42), 207-209, 411-414, 8 U.S.C. Sec. Sec. 1101(a)(42), 
1157-1159, 1521-1524.
    \52\ See, e.g., H.R. Rep. No. 96-608, 96th Cong., 1st Sess. 1 
(1979) [hereinafter House Report 96-608].
    \53\ INA Sec. 207(a), (b), 8 U.S.C. Sec. Sec. 1157(a), (b).
    \54\ Id.
---------------------------------------------------------------------------
    Under section 207(d) of the INA, the President must consult 
with certain members of the House and Senate Judiciary 
Committees prior to making any of the following determinations: 
setting the number of refugee admissions for the upcoming 
fiscal year; allocating refugee admissions within this overall 
number; that there exists an unforeseen refugee emergency 
situation justifying the admission of additional refugees over 
the limit for the current fiscal year; and allocating emergency 
refugee admissions.
    In addition to these consultation provisions, section 
207(d)(1) requires the President to report annually to the 
Judiciary Committees on anticipated allocations and to provide 
for periodic consultation between the President's 
representatives and members of those committees on the possible 
need for adjustments in the current allocation. Neither the 
allocation provision nor the report and discussion provision 
expressly confers authority to reallocate admissions or sets 
forth the procedures to be followed in effectuating a 
reallocation.
    The Refugee Act of 1980 intended to provide Congress with a 
meaningful role in the process of determining refugee 
admissions. In the words of former Representative Elizabeth 
Holtzman, then Chair of the House Subcommittee on Immigration, 
Refugees and International Law, ``Importantly, for the first 
time, the bill requires that Congress be consulted before 
refugees are admitted, and spells out in detail the elements of 
that consultation.'' 55 Additionally, the Report of the 
House Committee on the Judiciary regarding the Refugee Act of 
1980 stated the following:
    \55\ 125 Cong. Rec. H11966, H1167 (daily ed. Dec. 13, 1979) 
(statement of Rep. Holtzman).

          The Committee has made every effort to assure that 
        Congress has a proper and substantial role in all 
        decisions on refugee admissions. In the past, the 
        Attorney General's consultation with this committee 
        regarding admissions has been merely a matter of 
        courtesy or custom. * * * The Committee cannot 
        overemphasize the importance it attaches to 
        consultation. The Congress is charged under the 
        Constitution with the responsibility for the regulation 
        of immigration, and this responsibility continues with 
        respect to refugee admissions.56
    \56\ House Report 96-608 at 12-14 (1979).

    In the past several years, the refugee consultation process 
has devolved into a single meeting between the Executive Branch 
and the House and Senate Judiciary Committees near the end of 
the fiscal year--the very type of process which the 1980 Act 
expressly rejected. As an example, the refugee consultation for 
fiscal year 1996 occurred in the middle of September 1995--two 
weeks prior to the beginning of fiscal year 1996. The failure 
of the Administration to consult with Congress on the number 
and allocation of refugee admissions until just prior to the 
beginning of the fiscal year meant that the series of 
discussions between the President and Congress called for in 
section 207(d)(1) of the INA did not take place.
    The current process of determining refugee admissions does 
not provide Congress with a meaningful role in this process, as 
intended in the Refugee Act of 1980. The number of refugee 
admissions for a particular fiscal year should not be set 
unilaterally by the President. As former Chairwoman Holtzman 
stated: ``* * * there is no substitute for public scrutiny, 
public disclosure, public debate on an issue of such importance 
as the admission of refugees to the United States.'' 57 
The only way to have an adequate public debate on the issue of 
refugees is to give Congress a more meaningful role in 
determining number and allocation of refugee admissions.
    \57\ 125 Cong. Rec. H37203 (daily ed. Dec. 20, 1979).
---------------------------------------------------------------------------
    Some may argue that Congress exercises adequate control 
over the numbers of refugees admitted through its power over 
the appropriations process. However, it is virtually impossible 
for Congress to reduce the number of refugees admitted by 
failing to fund programs for persons often already in this 
country or whom the President has already promised to admit. In 
the past, attempts by Congress to exercise control over refugee 
admissions through the appropriations process have only 
resulted in shifting a majority of the costs for resettling 
refugees to the State and local levels. Reducing federal 
funding for refugee resettlement has had no effect on the 
number of refugee admissions.
    Congress also should re-assess the appropriate level of 
refugee resettlement in the United States. The United Nations 
High Commissioner for Refugees has estimated that the total 
population of refugees requiring resettlement may be under 
50,000 per year. Even if the U.S. took half or more of this 
number, it would be much less than our current refugee 
admissions, which have averaged over 100,000 in recent years.
    In addition, the U.S. admits large numbers of persons, 
particularly from the former Soviet Union, who would not be 
considered ``refugees'' by the UNHCR. In fact, the vast 
majority of refugees admitted to the U.S. in recent years have 
been admitted under a program which establishes a threshold for 
determining refugee status that is lower and thus significantly 
more generous than that contained in the INA or in 
international law.58 Without this program, U.S. refugee 
admissions would be significantly below the 50,000 target 
originally established in the Refugee Act of 1980. The U.S. 
refugee programs in the former Soviet Union and Vietnam are 
expected to phase out during the next few years, leading the 
State Department to project that the Administration's refugee 
target will be 50,000 by FY 1998. Thus, under the State 
Department's plans, there would be no need for additional 
legislation authorizing higher refugee admissions should the 
provisions of this bill be enacted.
    \58\ The so-called Lautenberg Amendment--named after its author, 
Sen. Frank Lautenberg (D-N.J.)--allows certain residents of the former 
Soviet Union and Southeast Asia to be deemed refugees by merely 
asserting, not establishing, a fear of persecution. See Sec. Sec. 599D, 
599E, Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Pub. L. 101-167, Nov. 21, 1989), as amended 
by Sec. 598 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990, (Pub. L. 101-513, Nov. 5, 1990), the 
Miscellaneous Technical Immigration and Naturalization Amendments of 
1991, (Pub. L. 102-232, Dec. 12, 1991), Sec. 582 of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1993 (Pub. L. 102-391, Oct. 6, 1992), Sec. 905 of the FREEDOM Support 
Act (Pub. L. 102-511, Oct. 24, 1992), Sec. 512 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Pub. L. 103-236, April 
30, 1994), and Sec. 219(bb) of the Immigration and Nationality 
Technical Corrections Act of 1994 (Pub. L. 103-416, 108 Stat., Oct. 25, 
1994)); 8 U.S.C. 1157 note. The standard applied to all other 
applicants is whether the applicant has demonstrated a well-founded 
fear of persecution. See INA Sec. 101(a)(42). See also Article I of the 
Protocol Relating to the Status of Refugees, 19 UST 6223, TIAS 6577 
(1968).
---------------------------------------------------------------------------

Reform of asylum

    The asylum system established in the 1980 Refugee Act has 
provided protection to thousands of legitimate claimants, but 
has been subject to abuse by tens of thousands more who filed 
non-legitimate claims simply in order to extend their stay in 
the U.S. and to receive work authorization. Recently, as many 
as 140,000 ``affirmative'' asylum applications have been filed 
per year with the INS. This is in addition to the thousands of 
``defensive'' asylum applications filed by aliens in exclusion 
and deportation proceedings. The INS has been able to resolve 
only one-third of these new filings in recent years, meaning 
that a huge backlog of claims, over 400,000, had developed by 
the end of FY 1994.
    The Administration has taken significant steps to resolve 
these problems, principally through regulations effective in 
January 1995. Under these new rules, asylum applicants no 
longer will be eligible for work authorization unless they are 
granted asylum or there are unusual delays in completing 
adjudication of their claims. Asylum claims are scheduled for 
interview within 45 days of the application. The asylum officer 
will either grant the claim, or refer the case without decision 
to an immigration judge. (The vast majority of asylum 
applicants are not lawfully present in the U.S., and under the 
administrative reforms, the final decision on referred cases 
will be made by the immigration judge in the context of a 
deportation proceeding.) The entire system is streamlined, with 
the objective of completing proceedings before the immigration 
judge within 180 days of the original application.
    These reforms are a strong step in the right direction, and 
have apparently resulted in a 50 percent or greater reduction 
in the filing of new asylum claims. However, the regulations do 
not address several significant issues. First, aliens remain 
able to file an asylum application regardless of how long they 
have resided in the United States, and many applications are 
filed by aliens who have been here for years. International law 
anticipates that aliens who have illegally entered a country in 
order to flee persecution should present themselves ``without 
delay'' to the authorities.59 This is the exception, 
rather than the rule, under the U.S. asylum system.

    \59\ Article 31 of the United Nations Convention Relating to the 
Status of Refugees (1951) states in part:

        The Contracting States shall not impose penalties, on 
      account of their illegal entry or presence, on refugees 
      who, coming directly from a territory where their life or 
      freedom was threatened * * * enter or are present in their 
      territory without authorization, provided they present 
      themselves without delay to the authorities and show good 
      cause for their illegal entry or presence.
    Second, the U.S. system includes no meaningful provision 
for the return or removal of aliens to countries (including 
countries through which they have travelled prior to reaching 
the U.S.), in which they would not be persecuted and in which 
they would have access to proper asylum procedures. Refugees 
fleeing persecution should ordinarily seek protection in the 
first safe country to which they travel. Many people seeking 
asylum in the U.S. have travelled through one or more countries 
in which comparable asylum procedures and protection are 
available.
    Third, despite greater efficiency in the process, there are 
no firm targets for completion of asylum cases. The problem 
with delay in the asylum system has been so pervasive that 
nothing short of firm, legislated deadlines will be sufficient 
to ensure that this problem does not persist into the future.
    Fourth, legislation is required to ensure that illegal 
aliens denied asylum are actually removed from the U.S. The 
reforms in Title III of this bill address this concern.
    Finally, asylum legislation should codify the best features 
of the administrative reforms of the asylum process, including 
the new rules on employment authorization. This will clarify 
the firm Congressional support for asylum reform and prevent 
court challenges to the administrative reforms on the grounds 
that they have not been authorized by Congress.

Reform of parole

    Section 212(d)(5) of the INA grants the Attorney General 
broad discretion to ``temporarily'' parole aliens applying for 
admission to the United States into the country for ``emergent 
reasons or reasons deemed strictly in the public interest.'' 
Under this section, parole is not to be regarded as an 
admission of the alien. Once the purposes for such parole are 
served, the alien must be returned to the custody from which he 
or she was paroled.
    The text of section 212(d)(5) is clear that the parole 
authority was intended to be used on a case-by-case basis to 
meet specific needs, and not as a supplement to 
Congressionally-established immigration policy. In recent 
years, however, parole has been used increasingly to admit 
entire categories of aliens who do not qualify for admission 
under any other category in immigration law, with the intent 
that they will remain permanently in the United States. This 
contravenes the intent of section 212(d)(5), but also 
illustrates why further, specific limitations on the Attorney 
General's discretion are necessary.
    Additionally, the Attorney General has not kept accurate 
records in the past of the way in which parole authority is 
used. Consequently, Congress has no way to effectively exercise 
its oversight authority over the use of parole. Without an 
effective control mechanism, the Attorney General can continue 
to use the parole authority to implement immigration policy 
without Congressional knowledge or approval.
    An example of a recent abuse of the parole authority stems 
from the September 1994 migration agreement negotiated by the 
Clinton Administration with Cuba. To implement this agreement, 
the Administration is using the parole authority to admit up to 
20,000 Cuban nationals annually. The paroled Cubans will 
eventually be entitled to adjust to permanent resident 
status.60
    \60\ Under the provisions of the Cuban Adjustment Act of 1966, 
natives or citizens of Cuba who are admitted or paroled into the United 
States after Jan. 1, 1959 are eligible to adjust to permanent resident 
status without leaving the U.S. after residing in the country for a 
period of one year. See Act of Nov. 2, 1966, 80 Stat. 1161, H.R. Rep. 
No. 89-178, 89th Cong., 2d Sess. 3 (1966).
---------------------------------------------------------------------------
    In this case, the use of parole to fulfill the terms of the 
Cuban migration agreement is a misuse and intentionally admits, 
on a permanent basis, aliens who are not otherwise eligible for 
immigrant visas. According to the Supreme Court, Congress has 
plenary power over immigration policy: a power that is largely 
immune from interference.61 Such use of the parole 
authority has not been authorized by Congress. Indeed, the 
Clinton Administration did not even attempt to consult with 
Congress in negotiating the Cuban migration agreement.
    \61\ Harisiades v. Shaughnessy, 342 U.S. 580 (1952); Fiallo v. 
Bell, 430 U.S. 787 (1977); Plyler v. Doe, 457 U.S. 202 (1982).
---------------------------------------------------------------------------
    Parole should only be given on a case-by-case basis for 
specified urgent humanitarian reasons, such as life-threatening 
humanitarian medical emergencies, or for specified public 
interest reasons, such as assisting the government in a law-
enforcement-related activity. It should not be used to 
circumvent Congressionally-established immigration policy or to 
admit aliens who do not qualify for admission under established 
legal immigration categories.

The need for humanitarian admissions

    The United States has traditionally admitted immigrants who 
are of special humanitarian concern to our nation. While 
provisions exist in the law to admit refugees and aliens 
granted asylum, there are aliens of humanitarian concern to the 
U.S. that do not meet the definition of a refugee. The lack of 
a single, transparent category for the admission of such aliens 
has also contributed to the improper use of parole authority by 
the Attorney General, as in the case of the implementation of 
the Cuban migration agreement. If a category existed in the law 
to provide for a limited number of humanitarian visas each year 
at the discretion of the Attorney General, migration agreements 
such as the recent agreement with Cuba could be negotiated 
without violating other existing provisions in immigration law.

                          C. Reform Proposals

Commission on immigration reform

    The Commission on Immigration Reform has recommended a 
significant redefinition of priorities and a reallocation of 
existing admission numbers to ensure that immigration continues 
to serve our national interests. The Commission defined several 
principles that should guide immigration policy: the 
establishment of clear goals and priorities; the enforcement of 
immigration limits; regular periodic review; clarity and 
efficiency; enforcement of the financial responsibility of 
sponsors to prevent immigrants from becoming dependent on 
public benefits; protection of American workers; coherence; and 
``Americanization''--the assimilation of immigrants to become 
effective citizens.
    The Commission recommended that there be three major 
categories of legal immigration--family-based, skills-based, 
and refugees. The current category for diversity admissions 
would be eliminated.
    Within the family category, the spouses and minor children 
of U.S. citizens would be admitted on an unlimited basis, as 
under current law. The parents of citizens could also be 
admitted, but with stricter sponsorship requirements than 
currently exist. Third priority would be given to the spouses 
and minor children of lawful permanent residents. The proposed 
400,000 cap for family admissions would accommodate current 
demand in these categories and allow for growth in the 
unlimited category of spouses and children of citizens. In 
addition, the Commission would make available 150,000 
additional visas during each of the first 5 years to clear the 
backlog of spouses and children (``nuclear family'') of lawful 
permanent residents.
    The Commission also proposed the elimination of the 
following family categories: adult unmarried sons and daughters 
of U.S. citizens; adult unmarried sons and daughters of lawful 
permanent residents; adult married sons and daughters of 
citizens; and brothers and sisters of adult U.S. citizens. This 
was done for several reasons: to focus priority on the 
admission of nuclear family members; to reduce the waiting time 
for nuclear family members of lawful permanent residents 
without raising overall immigration numbers; and to eliminate 
the extraordinary backlogs in these categories that undermine 
credibility of the immigration system. Most importantly, the 
Commission believes that ``[u]nless there is a compelling 
national interest to do otherwise, immigrants should be chosen 
on the basis of the skills they contribute to the U.S. 
economy.'' Admission of nuclear family members and refugees 
present such a compelling interest, but admission of more 
extended family members solely on the basis of their family 
relationship is not as compelling.62
    \62\ 1995 Commission Report at 72.
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    The Commission recommended that up to 100,000 skills-based 
immigrants be admitted each year in two basic categories: those 
exempt from labor market testing, and those subject to labor 
testing. The exempt category would include aliens with 
extraordinary ability, multinational executives and managers, 
entrepreneurs, and ministers and religious workers. Others that 
would be subject to labor market testing include professionals 
with advanced degrees and baccalaureate degrees, and skilled 
workers with 5 years specialized experience. The category for 
unskilled workers would be eliminated. In place of the current 
labor certification process, those immigrants subject to labor 
market testing could only be admitted if their prospective 
employer paid a substantial fee and demonstrated appropriate 
attempts to find qualified U.S. workers. The fee would be used 
to support private sector initiatives for the education and 
training of U.S. workers. In addition, such immigrants would be 
admitted on a conditional basis that would convert to permanent 
status after 2 years if the immigrant was still employed by the 
same employer at the attested original wage or higher.
    The Commission recommended that 50,000 admission numbers be 
allocated each year to refugees, not including the adjustment 
to permanent resident status of aliens already present in the 
U.S. who are granted asylum. Refugee admissions could exceed 
50,000 in the case of an emergency, or through approval by 
Congress.

Administration

    The Clinton Administration has not formally submitted to 
Congress recommended legislation on legal immigration reform. 
However, in testimony before the Senate Subcommittee on 
Immigration in September 1995, the Commissioner of the INS 
outlined the Administration's proposal on this subject.63 
The proposal would call for a flexible annual admissions 
ceiling of approximately 500,000, including family and 
employment-based admissions, but not refugees. The diversity 
category would be eliminated.
    \63\ ``Legal Immigration Reform: Hearing Before the Subcommittee on 
Immigration of the Senate Judiciary Committee'', 104th Cong., 1st Sess. 
(September 13, 1995) (Statement of Doris Meissner, Commissioner, 
Immigration and Naturalization Service).
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    The Administration would maintain the current unlimited 
admissions for spouses, minor children, and parents of U.S. 
citizens, and also preserve categories for the adult children 
of U.S. citizens and lawful permanent residents. The category 
for brothers and sisters of citizens would be eliminated. The 
plan makes no specific provision for backlog clearance for 
nuclear family members of lawful permanent residents. However, 
the Administration believes that recent increases in 
applications for naturalization, combined with a new 
``Naturalization 2000'' program being implemented by the INS, 
will result in naturalization of most of the sponsoring aliens 
who are currently lawful permanent residents. This will 
``move'' the backlog into the unlimited category for admission 
of spouses and minor children of U.S. citizens. The 
Administration has estimated that this may increase the number 
of admissions in this unlimited category by as much as 60,000 
per year, which would cause a concomitant increase in the 
overall annual admissions figure. The Administration would 
admit 100,000 employment-based immigrants and eliminate the 
current category for unskilled workers.
    On refugees, the Administration would retain current law, 
which permits the ceiling to be set by the President on an 
annual basis after consultation with Congress. The State 
Department has projected that refugee admissions, which are to 
be 90,000 in FY 1996, will decrease to 70,000 in FY 1997 and 
50,000 thereafter.64
    \64\ 1995 Commission Report at 136.
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                           V. Public Benefits

    As a matter of national policy regarding immigration and 
welfare, self-sufficiency has been a basic principle of United 
States immigration law since this country's earliest 
immigration statutes. It continues to be the immigration policy 
of the United States that aliens within the nation's borders 
not depend on taxpayer-funded public resources to meet their 
needs, but rather rely on their own capabilities and the 
resources of their families, their sponsors, and private 
organizations. The availability of taxpayer-funded public 
benefits should not constitute an incentive for immigration to 
the United States.
    Since 1882, aliens have been excludable from admission to 
the U.S. if found likely to become ``public charges.'' 65 
Since 1917, aliens have been subject to deportation from the 
U.S. for becoming public charges after entry from causes 
arising before entry. By regulation and administrative 
practice, the State Department and the INS permit those 
immigrants who would otherwise be excluded as public charges to 
overcome exclusion through an affidavit of support, which is 
executed by a person who agrees to provide financial support 
for the alien (the alien's ``sponsor'').
    \65\ INA Sec. 212(a)(4), 8 U.S.C. Sec. 1182(a)(4).
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    Despite the long-standing principle of self-sufficiency, 
aliens have been applying for and receiving public benefits 
from Federal, State and local governments at increasing rates. 
Only a negligible number of aliens are deported on public 
charge grounds. Further, various State court decisions and 
decisions by immigration courts have held that the affidavits 
of support, as currently constituted, do not impose a binding 
obligation on sponsors to reimburse welfare agencies that 
provide public benefits to sponsored aliens. As a result, these 
provisions have been wholly incapable of assuring that 
individual aliens not burden the public benefits system and, 
consequently, the taxpayer.
    Many studies at the national, State, and local levels have 
examined the use of public benefits by non-citizens. One of the 
better of these studies was recently conducted by Professor 
George J. Borjas, formerly of the University of California at 
San Diego and presently at Harvard University. Professor 
Borjas, a Cuban immigrant to the U.S. who specializes in 
economics, concluded in his study ``Immigration and Welfare, 
1970-1990'' that immigrants use public benefits to a greater 
degree than citizens, and estimated that the annual cost to the 
American taxpayer of providing means-tested public assistance 
to immigrants, deducting the amount they pay in taxes, is $16 
billion.66 Professor Borjas cites that 9.1 percent of 
immigrant households received cash welfare assistance in 1990, 
compared with 7.4 percent of native households.67 The 
average amount of cash assistance received by an immigrant 
household was $5,400 annually, compared with $4,000 for a 
native household.68 Further, from 1970-1990 the total 
amount of cash assistance received by immigrant households was 
56 percent higher than would have been the case if immigrants 
used the welfare system to the same extent as natives.69 
In a more recent study, Professor Borjas has found that 26 
percent of immigrant households receive some form of public 
benefits. In the Supplemental Security Income program alone, 
immigrant applications increased 580 percent from 1982-1994, 
compared to a 49 percent increase for natives.70
    \66\ George J. Borjas, Immigration and Welfare, 1970-1990 23 (Nat'l 
Bur. Econ. Res. Working Paper No. 4872, Sept. 1994).
    \67\ Id. at 4-5.
    \68\ Id. at 9.
    \69\ Id. at 20.
    \70\ Social Security Administration.
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    Allowing immigrants to become dependent on public 
assistance undermines America's historic immigration policy 
that those who come to the country be and remain self-
sufficient. Welfare destroys the recipient's work incentives, 
encourages the breakdown of the family unit, and transmits 
dependency across generations. Further, it keeps immigrants 
from becoming productive participants in American society.
    The Committee believes that it is a compelling government 
interest to enact new rules for eligibility and sponsorship 
agreements in order to assure that aliens be self-reliant in 
accordance with the longstanding tenets of national immigration 
policy. It is also a compelling government interest to remove 
the incentive for illegal immigration provided by the easy 
availability of public benefits. Finally, with respect to the 
State authority to make determinations concerning alien 
eligibility for public benefits in this legislation, a State 
that chooses to follow the Federal classification in 
determining the eligibility of aliens for public benefits shall 
be deemed by any Federal or State court to have chosen the 
least restrictive means available for achieving the compelling 
governmental interest of assuring that aliens be self-reliant 
in accordance with national immigration policy.

                  VI. Skilled Nonimmigrants (H Visas)

                            The H-1B Program

Background

    Up to 65,000 ``H-1B'' visas 71 are granted each year 
for foreign workers coming to perform work in specialty 
occupations (requiring at least a baccalaureate degree or its 
equivalent) or as fashion models. Since the visas are good for 
up to 6 years, a total of 390,000 H-1B aliens can be working in 
the United States at any one time. Typical occupations are 
computer programmers, engineers, physical therapists and 
university professors and researchers.
    \71\ See INA Sec. Sec. 101(a)(15)(H)(i)(b) and 214(g)-(i).
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    In order to enable H-1B aliens to be brought on board 
promptly, employers are not required to engage in a lengthy 
labor certification process (such as that used for employment-
based immigrants) prior to the arrival of the alien in the 
United States. Protection of American workers from unfair 
competition in the H-1B program is accomplished by requiring 
employers to file a ``labor condition application'' (``LCA'') 
making certain basic attestations. The Secretary of Labor is 
empowered to investigate complaints alleging noncompliance with 
these attestations.72
    \72\ See INA Sec. 212(n).
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    The attestations include:
          (1) the employer will pay the H-1B alien wages which 
        will be the higher of the actual wage level paid by the 
        employer to all other individuals with similar 
        experience and qualifications for the specific 
        employment in question or the prevailing wage level for 
        the occupational classification in the area of 
        employment, and the employer will provide working 
        conditions for the H-1B that will not adversely affect 
        those of workers similarly employed;
          (2) there is no strike or lockout in the course of a 
        labor dispute in the occupational classification at the 
        place of employment;
          (3) the employer has provided notice of the filing of 
        the application to the bargaining representative of the 
        employer's employees in the occupational classification 
        and area for which the H-1Bs are sought, or if there is 
        no such bargaining representative, has posted notice in 
        conspicuous locations at the place of employment; and
          (4) the LCA will identify the number of workers 
        sought, the occupational classification in which the 
        workers will be employed, and the wage rate and 
        conditions under which they will be employed. 
        Department of Labor regulations require that the 
        employer also identify the place of intended employment 
        and the specific source relied upon to determine the 
        prevailing wage.73
    \73\ See 59 Fed. Reg. 65646, 65662 (Dec. 20, 1994); 20 CFR 655.730 
(1995).
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    The Secretary of Labor must accept the LCA within 7 days 
unless it is incomplete or obviously inaccurate. Departmental 
investigations as to whether the employer has failed to fulfill 
its attestations or has misrepresented material facts in its 
LCA are triggered by complaints filed by aggrieved persons or 
organizations. The employer can be subject to penalties 
including civil monetary fines of up to $1,000 per violation 
and an inability to have petitions approved for alien workers 
(both immigrant and nonimmigrant) for at least 1 year. In 
addition, if wages were not paid at the required wage level, 
back pay can be awarded to an H-1B alien.

The current controversy

    The H-1B program has recently become embroiled in 
controversy. Certain employers appear to be using H-1B aliens 
in ways contrary to the intent of the program. They are 
building workforces almost entirely composed of H-1Bs instead 
of using the aliens to ameliorate temporary skills shortages in 
the American labor force, and are often serving as ``job 
contractors,'' leasing out these pooled H-1Bs to other firms. 
Since the job contractor, not the business where the H-1B 
employee will actually work, is considered the employer, it is 
the contractor's responsibility to make and fulfill the 
required attestations. This can have the effect of defeating 
the H-1B program's safeguards. Finally, in many instances 
American employees are being fired and replaced with H-1Bs at 
lower wages. Secretary of Labor Robert Reich recently expressed 
worry over these practices:

          Our experience with the practical operation of the H-
        1B program has raised serious concerns * * * that what 
        was conceived as a means to meet temporary business 
        needs for unique, highly skilled professionals from 
        abroad is, in fact, being used by some employers to 
        bring in relatively large numbers of foreign workers 
        who may well be displacing U.S. workers and eroding 
        employers' commitment to the domestic workforce. Some 
        employers * * * seek the admission of scores, even 
        hundreds of [H-1Bs], especially for work in relatively 
        low-level computer-related and health care occupations. 
        These employers include ``job contractors,'' some of 
        which have a workforce composed predominantly or even 
        entirely of H-1B workers, which then lease these 
        employees to other U.S. companies or use them to 
        provide services previously provided by laid-off U.S. 
        workers.74
    \74\ ``Nonimmigrant Visas: Hearings Before the Subcomm. on 
Immigration of the Senate Comm, on the Judiciary,'' 104th Cong., 1st 
Sess. (Sept. 28, 1995) (Statement of Robert Reich, Secretary of Labor).
---------------------------------------------------------------------------

The Department of Labor response

    Responding to such concerns, the Department of Labor 
promulgated a set of final rules which went into effect on 
January 19, 1995.75 Instead of targeting job contractors 
or companies relying to an inordinate degree on H-1B aliens, 
the regulations imposed new requirements on all employers of H-
1B aliens. The Committee believes that four of the regulations 
and a section of the appendix to the regulations are unduly 
burdensome to legitimate users of H-1Bs.
    \75\ See 59 Fed. Reg. 65646 (Dec. 20, 1994).
---------------------------------------------------------------------------
    The first of the regulations requires that ``[w]here the 
employer places any H-1B nonimmigrant(s) at one or more 
worksites not contemplated at the time of filing the 
application, but which are within the area of intended 
employment listed on the [application],76 the employer is 
required to post notice(s) at such worksite(s) * * * .'' 
77
    \76\ The area of intended employment is defined as the area 
``within normal commuting distance of the place (address) of 
employment.'' 20 CFR 655.715 (1995).
    \77\ 20 CFR 655.734(a)(1)(ii)(D) (1995).
---------------------------------------------------------------------------
    This regulation has a defensible purpose. If an employer is 
a job contractor and places H-1Bs at other firms, a posting at 
the contractor's headquarters will not necessarily provide 
adequate notice to the employees of the other firms, who are 
the ones who might be negatively impacted and who must file 
complaints for the enforcement program to work. A regulation 
requiring additional postings in such circumstances makes 
sense, and was in fact once proposed by the Department.78 
But the regulation does not stop there. It requires that all 
employers employing H-1Bs must ensure that notice is posted at 
whatever worksites an H-1B alien ventures to in the course of 
his or her employment. Thus, if an H-1B goes to a client of his 
or her employer to service equipment or make a sales pitch, 
notice has to be posted at the client's location. If an H-1B 
goes to a potential client to prospect for business, to a law 
firm to give a deposition, to a university for training, or to 
a convention, notice has to be posted at the respective 
locations. In all these instances, the employer must obtain the 
consent from the owners of the subject property to post notice 
(including the wages of the H-1B) on their property. This 
mandate requires more than customary and reasonable business 
norms would allow.
    \78\ See 58 Fed. Reg. 52152, 52161 (Oct. 6, 1993)(Sec. ------.735). 
The proposed regulation defined a job contractor as ``an employer whose 
employees perform their duties in whole or in part at worksites that 
are owned, operated, and controlled not by the job contractor, but by 
an entity with which the job contractor has a contractual relationship 
and which displays indicia of an employment relationship with the job 
contractor's employees (e.g., assignment of tasks; day to day 
supervision of performance; evaluation of performance).'' Id. at 
Sec. ------.715.
---------------------------------------------------------------------------
    The second of the problematic regulations requires an 
employer to file a new LCA if any H-1B or combination of H-1Bs 
is placed in an area of employment not listed in their original 
LCA(s) for a cumulative period of more than 90 workdays within 
a 3-year period. A ``workday'' means any day on which any H-1B 
performs any work in a non-listed area of employment.79 
Thus, if New York City is not listed on the employer's LCA(s), 
the employer may not permit any H-1B to work in that area 
(without filing a new LCA listing New York City) if, in the 
previous 3 years, any H-1B(s) employed by that employer have 
worked in New York City for a cumulative total of 90 days.
    \79\ 20 CFR 655.735(a), (b)(4) (1995).
---------------------------------------------------------------------------
    This regulation also has a defensible purpose, to ensure 
that the notice and prevailing wage requirements of an 
attestation apply to the location where an H-1B alien actually 
works. For example, if an H-1B is brought to the country by a 
job contractor in Baltimore and placed at a firm in San 
Francisco, the notice attestation in the original LCA will only 
require notice in Baltimore and the wage requirement will 
require the payment of the wage prevailing in Baltimore. 
Requiring a new LCA with San Francisco listed as the area of 
employment will result in notice to co-workers in San Francisco 
and the payment of the San Francisco prevailing wage. For the 
same reasons, an additional application also makes some sense 
when a company sends an H-1B to work permanently at its San 
Francisco branch, where the initial LCA stated that he or she 
would work in its Baltimore headquarters.
    Again, however, the regulation covers all instances in 
which an H-1B is sent out of the office. In business today, 
success in many occupations requires frequent travel around the 
country and the Committee recognizes two undue burdens with the 
application of this regulation to all employers of H-1B 
nonimmigrants. First is requiring an employer to file a new LCA 
whenever it sends H-1Bs on legitimate business trips exceeding 
some arbitrary period of time to cities not listed on their 
LCAs. Second is the administrative burden of having to track 
every city in the country to which it sends H-1Bs (on whose 
LCAs the city is not listed) to ensure that no city receives 
any combination of such H-1Bs for a total of more than 90 days 
every three years.
    The third provision of concern to the Committee requires 
employers who send H-1Bs to a non-listed area of employment to 
pay the H-1B per diem and transportation expenses (for both 
work and non-work days) at rates no lower than those prescribed 
for Federal Government employees on travel or temporary 
assignment.80 This provision appears designed to ensure 
that the salaries of H-1Bs are not indirectly lowered by 
forcing them to pay their own travel expenses, and to ensure 
that ``travelling'' employees are, in fact, on temporary 
assignment. However, to require that such expenses be 
reimbursed at Government rates is unacceptable micromanagement 
of corporate travel policy for companies that are not prone to 
abusing the H-1B program: non-H-1B dependent employers.
    \80\ 20 CFR 655.735(b)(3) (1995).
---------------------------------------------------------------------------
    The fourth area of concern involves investigations by the 
Department of Labor. Section 212(n)(2)(A) of the INA states 
that ``complaints may be filed by any aggrieved person or 
organization (including bargaining representatives).'' Congress 
clearly intended to implement a complaint-driven system in 
which co-workers, unions, and competitors would be the parties 
authorized to complain and thus set into motion Department of 
Labor investigations. However, the regulations now define 
aggrieved party to include ``[a] government agency which has a 
program that is impacted by the employer's alleged non-
compliance with the labor condition application'' 81--
i.e., the Department of Labor. Then, the regulations state that 
the Secretary shall investigate misrepresentation or failure of 
an employer to meet an attestation ``either pursuant to a 
complaint or otherwise''.82 This action by the Department 
of Labor contravenes the legislative intent of the Immigration 
Act of 1990.
    \81\ 20 CFR 655.715 (1995).
    \82\ 20 CFR 655.710 (1995).
---------------------------------------------------------------------------
    Lastly, the appendix to the regulations states that in 
determining the actual wage level paid by the employer to 
workers similarly employed as an H-1B, ``[t]he employer must 
have and document an objective system used to determine the 
wages of non-H-1B workers, and apply that system to H-1B 
nonimmigrants as well.'' 83 Whether the intent of this 
requirement was just to make it easier for the Department to 
determine the actual wage paid in various instances or whether 
broader policy goals were in mind, the move was unwarranted. It 
was clearly never the intent of Congress to use the H-1B 
program as a way of mandating how employers pay their non-H-1B 
employees. As long as an employer pays its H-1Bs the actual 
wage (assuming it is higher than the appropriate prevailing 
wage), the employer should be free to determine its wage scale, 
constrained by factors such as market forces, contractual 
agreements, collective bargaining, and the minimum wage.
    \83\ 20 CFR Appendix A to Subpart H to Part 655 (1995).
---------------------------------------------------------------------------
    In summary, the newly promulgated regulations are somewhat 
successful in dealing with abusive employers and with the 
problems that the job contractor phenomenon and the existence 
of firms with multiple worksites pose to the H-1B enforcement 
scheme. However, they do so at a cost which may be too high for 
the legitimate employer hiring a relatively small number of H-
1B aliens. Further, they do not address the specter of 
employers laying off American workers and replacing them with 
lower-cost H-1Bs or treat the heavy user of H-1Bs any more 
severely than they do the employer who only uses the aliens to 
fill temporary skills gaps.

                            The H-1A Program

    The special pilot program created by the Immigration 
Nursing Relief Act of 1989 (``INRA'', Pub. L. 101-238) to 
permit foreign nurses to come to work temporarily in the United 
State expired on August 31, 1995. Prior to the creation of this 
special program, nurses had been admitted under what is now the 
H-1B temporary non-immigrant program. The Committee expects 
that eligible foreign non-immigrant nurses will again be 
admitted under the H-1B program.
    The valuable screening and competency requirements 
contained in the pilot program should be retained. The 
authentication of applications and supporting documents for 
foreign health care workers is of vital importance to 
consumers, and can serve as an important mechanism to reduce 
illegal immigration as well. For example, prior to the 
enactment of the Immigration Nursing Relief Act of 1989 (INRA), 
the Department of Health, Education, and Welfare reported that 
more than 80 percent of all foreign-licensed nurses were unable 
to pass the U.S. Registered Nurse examination of the first 
try.84 Foreign nurses who were unable to pass the exam 
were more likely to remain illegally in the U.S. Following the 
imposition of a requirement that applicants' credentials be 
authenticated, the number of foreign nurses who failed the U.S. 
nursing exam fell to 20 percent.85 Pursuant to the pilot 
program, the successful authentication process was conducted by 
a non-governmental body, the Commission on Graduates of Foreign 
Nursing Schools, and funded by a fee paid by the applicant and 
at no cost to the U.S. government. Additionally, the 
Commission's work saved valuable governmental resources by also 
substantially reducing the burden on consular officers to 
authenticate credentials.
    \84\ Survey of Foreign Nurse Graduates, DHEW Publication No. HRA 
76-13 (1976).
    \85\ Barbara S. Jacobsen and Theresa M. Kowalski, ``Validity Study: 
CGFNS Qualifying Examinations as Predictors of Success on United States 
Registered Nurse Licensing Examination,'' Commission on Graduates of 
Foreign Nursing Schools (1994).
---------------------------------------------------------------------------
    The Department of State has statutory authority under 
Section 222 of the INS (8 U.S. C. Section 1202) to require 
authentication of applications for both immigrant and non-
immigrant visas. Again, because the protection of the public 
health and safety must be paramount, the Committee believes 
that the Department of State should revise its visa application 
procedures under Section 222 to require health care workers to 
authenticate their visa application and supporting documents in 
the same manner as under INRA. The health care workers covered 
by this requirement should include nurses, physical therapists, 
and occupational therapists, as well as both licensed and 
unlicensed health occupations in which the practitioner 
diagnoses, delivers care, or supports the delivery of care such 
that incompetent practitioners in those occupations might 
jeopardize public health.
    Similarly, the Committee expects, therefore, that the INS, 
in consultation with the DOL, will promulgate separate H-1B 
standards for nurses which will require that foreign nurses 
admitted non-immigrants under the H-1B category meet 
requirements identical to those now imposed on foreign nurses 
seeking admission as immigrants, including the successful 
completion of the examination recognized by the DOL in 20 CFR 
Sec. 656.10 (a)(2)(I).
    The Committee recommends that the Departments of State and 
Labor use an independent credentialing organization with 
sufficient experience and resources on health care-related 
foreign educational institutions, ministries of health and 
licensing jurisdictions. The organization should have a proven 
record of consistent and accurate credentialing. One such 
organization is the Commission on Graduates of Foreign Nursing 
Schools which has both the experience and resources to provide 
this service.

                  Previous Consideration and Hearings

    On February 8, 1995, the Subcommittee on Immigration and 
Claims held an oversight hearing on the Management Practices of 
the Immigration and Naturalization Service. Witnesses were 
Laurie Ekstrand, Associate Director, Administration of Justice 
Issues, General Government Division, accompanied by James 
Blume, Assistant Director, Administration of Justice Issues, 
General Government Division, General Accounting Office; and 
Chris Sale, Deputy Commissioner, Immigration and Naturalization 
Service.
    On February 24, 1995, the Subcommittee on Immigration and 
Claims held an oversight hearing on Foreign Visitors Who 
Violate the Terms of Their Visas by Remaining in the United 
States indefinitely. Witnesses were Honorable Barbara Jordan, 
Chair, accompanied by Robert Hill, Commissioner, and Susan 
Martin, Executive Director, Commission on Immigration Reform; 
Diane Dillard, Deputy Assistant Secretary for Consular Affairs, 
Department of State; James Puleo, Executive Associate 
Commissioner, Programs, Immigration and Naturalization Service; 
and Robert Warren, Director, Statistics Branch, Immigration and 
Naturalization Service.
    On March 3, 1995, the Subcommittee on Immigration and 
Claims held an oversight hearing on Work Site Enforcement of 
Employer Sanctions. Witnesses were James Puleo, Executive 
Associate Commissioner, Programs, U.S. Immigration and 
Naturalization Service, accompanied by Brian J. Vaillancourt, 
Director Civil Matters, Investigations Division, U.S. 
Immigration and Naturalization Service; Maria Echeveste, 
Administrator, Wage and Hour Division, U.S. Department of 
Labor; Shirley S. Chater, Commissioner, Social Security 
Administration, U.S. Department of Health and Human Services; 
Robert Rasor, Special Agent, Secret Service, U.S. Department of 
the Treasury; Robert Charles Hill, Member, U.S. Commission on 
Immigration Reform, accompanied by Susan Forbes Martin, 
Executive Director, U.S. Commission on Immigration Reform; Wade 
Avondoglio, Owner, Perona Farms Restaurant, Member, National 
Restaurant Association; Richard Holcomb, Commissioner, Virginia 
Department of Motor Vehicles; W. Marshall Rickert, Motor 
Vehicle Administrator, Maryland Motor Vehicle Administration; 
A. Torrey McLean, State Registrar, North Carolina Department of 
Vital Records.
    On March 10, 1995, the Subcommittee on Immigration and 
Claims held an oversight hearing on Border Security. The 
Members of Congress testifying were Honorable Duncan Hunter, 
Honorable Brian Bilbray, and Honorable Ronald Coleman. Other 
witnesses were Mary Ryan, Assistant Secretary of State for 
Consular Affairs, Department of State, accompanied by Frank 
Moss, Special Assistant for Border Security, Bureau for 
Consular Affairs; Honorable Doris Meissner, Commissioner, 
Immigration and Naturalization Service, accompanied by 
Silvestre Reyes, Sector Chief, U.S. Border Patrol, El Paso 
Sector, and Gus de la Vina, Regional Director, Western Region, 
Immigration and Naturalization Service; Laurie Ekstrand, 
Associate Director, Administration of Justice Issues, General 
Government Division, General Accounting Office; Brigadier 
General Edmund Zysk, Deputy Commander, California National 
Guard, accompanied by Lieutenant Colonel Bill Hipsley, Training 
Officer, California National Guard.
    On March 23, 1995, the Subcommittee on Immigration and 
Claims held an oversight hearing on Removal of Criminal and 
Illegal Aliens. Witnesses were T. Alexander Aleinikoff, General 
Counsel, Immigration and Naturalization Service, accompanied by 
James Puleo, Executive Associate Commissioner, Programs, and 
Joan Higgins, Assistant Commissioner, Detention and 
Deportation; Anthony C. Moscato, Director, Executive Office for 
Immigration Review, accompanied by Paul Schmidt, Chairman, 
Board of Immigration Appeals, and Michael J. Creppy, Chief 
Immigration Judge.
    On March 30, 1995 the Subcommittee on Immigration and 
Claims held an oversight hearing on Verification of Eligibility 
for Employment and Benefits. Witnesses were Honorable Barbara 
Jordan, Chair, Commission on Immigration Reform, accompanied by 
Susan Martin, Ph.D., Executive Director; Robert L. Bach, Ph.D., 
Executive Associate Commissioner, Policy and Planning, U.S. 
Immigration and Naturalization Service, accompanied by John E. 
Nahan, Director, Systematic Alien Verification for Entitlements 
(SAVE) Program; William Ludwig, Administrator, Food and 
Consumer Service, U.S. Department of Agriculture; Wendell E. 
Primus, Deputy Assistant Secretary for Human Services Policy, 
U.S. Department of Health and Human Services, accompanied by 
Sandy Crank, Associate Commissioner, Social Security 
Administration, and Mack Storrs, Division Director for AFDC 
Policy; Nelson Diaz, General Counsel, U.S. Department of 
Housing and Urban Development; Richard W. Velde, Esq.; Austin 
T. Fragomen, Jr., Chairman, American Council on International 
Personnel; Joseph A. Antolin, Deputy Director of Field 
Operations, Illinois Department of Public Aid; Esperita 
Johnson-Bullard, Eligibility Supervisor, Division of Social 
Services, Department of Human Services, City of Alexandria, 
Virginia.
    On April 5, 1995, the Subcommittee in Immigration and 
Claims held an oversight hearing on the Impact of Illegal 
Immigration on Public Benefit Programs and the American Labor 
Force. Witnesses were Michael Fix, Esq., The Urban Institute, 
accompanied by Jeffrey Passel; Dr. Donald Huddle, Rice 
University; Dr. Georges Vernez, RAND; Dr. George Borjas, 
University of California at San Diego; Dr. Joseph Altonji, 
Northwestern University; Dr. B. Lindsay Lowell; Dr. Vernon 
Briggs, Jr., Cornell University; Dr. Frank Morris, Morgan State 
University; Dr. Norman Matloff, University of California at 
Davis; Dr. Peter Skerry, Woodrow Wilson International Center 
for Scholars.
    On May 17, 1995, the Subcommittee on Immigration and Claims 
held an oversight hearing on Legal Immigration Reform 
Proposals. Witnesses were Susan Martin, Ph.D., Executive 
Director, Commission on Immigration Reform; Peter Brimelow, 
Author, ``Alien Nation''; Peter Skerry, Wilson Center, Philip 
Martin, Professor of Agricultural Economics, University of 
California at Davis; Harris Miller, President, Information 
Technology Association of America; Markley Roberts, Assistant 
Director, Economic Research Department, AFL-CIO; Demetrios 
Papademetriou, Carnegie Endowment for International Peace; Mark 
Krikorian, Executive Director, Center for Immigration Studies; 
Professor John Guendelsberger, Pettit College of Law, Ohio 
Northern University; Michael Lempres, Esq., Akin, Gump, 
Strauss, Hauer, & Feld.
    On April 24, 1995, the Subcommittee on Immigration and 
Claims held a Members' Forum on Immigration. The following 
Members testified. Hon. Ronald Packard; Hon. Zoe Lofgren; Hon. 
Brian Bilbray; Hon. Dana Rohrabacher; Hon. William Martini; 
Hon. Mark Foley; Hon. Porter Goss; Hon. Jay Kim; Hon. Owen 
Pickett; Hon. Robert Underwood; Hon. Susan Molinari; Hon. Patsy 
Mink; Hon. Anthony Beilenson; Hon. Andrea Seastrand; Hon. 
Esteban Edward Torres; Hon. Bob Filner; Hon. Tim Hutchinson; 
Hon. Ronald Coleman.
    On June 28, 1995, the Subcommittee on Immigration and 
Claims held a joint hearing with the Senate Subcommittee on 
Immigration to receive testimony from the Commission on 
Immigration Reform regarding the Commission's interim 
recommendations on legal immigration reform. Testifying was the 
Honorable Barbara Jordan, Chair, accompanied by Michael 
Teitelbaum, Vice Chair; Bruce Morrison, Commissioner; Robert 
Charles Hill, Commissioner; and Susan Martin, Executive 
Director.
    On June 29, 1995, the Subcommittee on Immigration and 
Claims held a hearing on H.R. 1915, the Immigration in the 
National Interest Act of 1995. Witnesses were T. Alexander 
Aleinikoff, Executive Associate Commissioner for Programs, 
Immigration and Naturalization Service; Anthony C. Moscato, 
Director, Executive Office for Immigration Review; Diane 
Dillard, Acting Assistant Secretary for Consular Affairs, 
Department of State; John R. Fraser, Deputy Administrator, Wage 
and Hour Division, Department of Labor; Dr. Lawrence H. 
Thompson, Principal Deputy Commissioner, Social Security 
Administration; Robert Rector, Senior Policy Analyst, The 
Heritage Foundation; Dr. Vernon Briggs, Jr., School of 
Industrial Relations, Cornell University; Austin T. Fragomen, 
Jr., Chairman, American Council on International Personnel; 
Daryl R. Buffenstein, President, American Immigration Lawyers 
Association; David Simcox, Research Director, Negative 
Population Growth; Dr. Frank Morris, Dean, Morgan State 
University; Carl Hampe, Esq., Paul, Weiss, Rifkind, Wharton & 
Garrison; John Swenson, Executive Director, Migration and 
Refugee Services, U.S. Catholic Conference; Raul Yzaguirre, 
President, National Council of La Raza; Dr. Michael Teitelbaum, 
Program Officer, Alfred P. Sloan Foundation; David North, 
Independent Immigration Researcher; Bill Frelick, Senior Policy 
Analyst, U.S. Committee for Refugees; Karen K. Narasaki, 
Executive Director, National Asian Pacific American Legal 
Consortium; Dan Stein, Executive Director, The Federation for 
American Immigration Reform.

                        Provisions of H.R. 2202

    The goal of H.R. 2202 is to curb illegal immigration and 
reform legal immigration in the national interest. H.R. 2202 
mandates specific enforcement measures against illegal 
immigration, including the hiring of new Border Patrol agents 
as well as interior enforcement personnel, authorizes the 
acquisition of additional resources for immigration enforcement 
and control, and overhauls procedures to allow the prompt 
identification, apprehension, and removal of illegal aliens 
from the United States. On the legal immigration front, H.R. 
2202 reorients current admission priorities to directly advance 
U.S. interests in the preservation of the nuclear family, the 
admission of highly-skilled individuals, the protection of U.S. 
workers from unfair competition, and the safety of refugees.

                        Title I--Border Control

    Immigration control is a fundamental aspect of national 
sovereignty, and protection of that sovereignty begins with 
securing its borders. Title I of H.R. 2202 authorizes the 
addition of 1,000 border patrol agents each year through FY 
2000, the hiring of support personnel for border enforcement, 
and the procurement of advanced technologies to prevent illegal 
border crossings.
    Section 101 increases the number of Border Patrol agents by 
1000 per year from 1996 through 2000, raises by 800 the number 
of support personnel for border enforcement, and requires that 
new personnel be deployed in sectors along the border in 
proportion to the level of illegal immigration through those 
sectors. Section 130006 of the Violent Crime Control and Law 
Enforcement Act of 1994 (Pub. L. 103-322, Sept. 13, 1994), 
authorized the appropriation of increased resources for INS 
enforcement efforts, and specified that funds be allocated to 
increase the Border Patrol by 1,000 agents per year from FY 
1995 through FY 1998. This section requires that such agents be 
hired and that the 1,000 per year increase continue through FY 
2000. In addition, by requiring deployment on the border, this 
section states a clear policy that Border Patrol resources 
should be used primarily at the border to deter illegal 
crossings and to apprehend those illegal aliens who do cross at 
the earliest possible juncture. This does not mean, however, 
that efforts at interior enforcement should be reduced. Section 
358, in fact, authorizes the expenditure of $150 million to 
hire new personnel for interior enforcement, including 
investigators and detention and deportation officers.
    Section 102 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 adopts the 
recommendations of the Sandia Laboratories in New Mexico, in a 
January 1993 report, that a series of fences, with interspersed 
roads, be constructed in areas with the highest concentration 
of illegal immigration.
    This section also provides for a limited waiver of the 
Endangered Species Act. This is necessary because the Committee 
has learned that roads and fences have not been built in 
certain areas along the border because of concern that animal 
habitats might be affected. Without these roads and fences, 
Border Patrol agents are unable to properly patrol these areas. 
Furthermore, the national interest requires that the Border 
Patrol be able to deter entry at any feasible point of entry 
along the land border. The International Boundary and Water 
Commission already provides guidance to the INS and other 
agencies regarding the construction of barriers, and potential 
environmental impacts may be discussed and resolved in that 
context.
    Section 102 also requires the forward deployment of Border 
Patrol agents to provide a visible deterrent to illegal 
immigration. The Committee is concerned that notwithstanding 
the success of Operation Hold-the-Line in El Paso, the INS has 
been reluctant to adopt similar forward deployment of agents in 
other border sectors. At the same time, the Committee 
recognizes that forward deployment may work better in certain 
sectors than in others due to factors such as topography and 
established migration patterns. Accordingly, section 102(d) 
requires the Attorney General to report to Congress on the 
success of forward deployment. This report will enable Congress 
to better exercise its oversight authority in this critical 
area of immigration enforcement and make appropriate 
adjustments in policy and available resources.
    Section 104 requires improvement in the Border Crossing 
Identification Card. Amendments adopted by the Committee at the 
request of the INS will give the INS a longer time period to 
implement these new improvements. However, the Committee 
intends that the INS move as rapidly as possible to: (1) ensure 
that all newly-issued border crossing cards include additional 
security features; (2) replace existing cards with new secure 
cards; and (3) require verification of the identity of the 
holder of the border crossing card each time it is used to seek 
admission into the U.S. Although not specifically addressed in 
this legislation, the Committee also believes that it would be 
appropriate to impose a fee for the new secure card. The 
Committee understands that pursuant to an existing exchange of 
letters between the United States and Mexico, no fee may be 
charged for issuance of the border crossing card. Issuance of a 
more secure border crossing card is in the interests of both 
nations, since it will deter illegal migration and facilitate 
legitimate border traffic. The cost per card should be modest, 
but it is most appropriately borne by those who benefit from 
use of the card. The Attorney General and the Secretary of 
State should cooperate in discussions with the Government of 
Mexico to remove any existing restrictions on the collection of 
a fee for the border crossing card.
    A number of provisions address the problem of the 
``revolving door'' at the southern land border. Apprehended 
illegal aliens who agree to voluntarily return to Mexico in 
lieu of being placed in removal proceedings often make repeated 
attempts to cross the border, with no consequences attached. 
While prompt removal of illegal aliens should be the goal of 
immigration enforcement, the ability to cross into the United 
States over and over with no consequences undermines the 
credibility of our efforts to secure the border.
    Section 105 sets a civil penalty for attempted illegal 
entry into the U.S. Under this provision, illegal aliens would 
be liable for a significant fine each time they attempt to 
cross. This provision is not intended to require that indigent 
aliens be detained in the United States until they are able to 
obtain sufficient funds to pay the fine. Prosecutorial 
discretion should be exercised in favor of rapid removal of 
illegal aliens from the United States. However, the civil 
penalty is intended to act as a deterrent to those who are 
otherwise determined to make repeated attempts to cross 
illegally into the United States.
    Section 106 authorizes the appropriation of funds necessary 
to detain and prosecute any alien who has attempted illegal 
entry into the U.S. on more than two occasions.
    Section 111 requires establishment of a pilot program to 
repatriate illegal aliens to the interior of their home 
countries. Release of aliens at the border, from where they can 
easily and immediately attempt re-entry, is particularly 
inappropriate in the case of aliens who have been ordered 
deported after proceedings before an immigration judge, and 
especially in the case of aliens involved in criminal activity. 
Releasing such deported aliens to a situation where they can 
immediately attempt re-entry undermines immigration 
enforcement, weakens border security, and increases the risk of 
crime.
    The Committee believes that the INS, in cooperation with 
other law enforcement agencies, should implement a number of 
approaches to make deportation more effective by reducing the 
likelihood that aliens physically removed from the United 
States will attempt re-entry. Primary effort should be given to 
programs for repatriating illegal aliens to the interior of the 
countries to which they are deported, thus making it more 
difficult for them to attempt illegal reentry. Repatriation to 
third countries, where the alien is removed to a country other 
than that from which the alien has arrived directly to the 
United States, also should be considered. For example, if a 
national of a third country crosses into the United States from 
Canada and is apprehended at the border, procedures should 
exist for removing that alien expeditiously to the alien's 
country of nationality. The Committee believes that the reforms 
of the removal process adopted in Title III of this bill would 
facilitate such efforts by the INS, and that pilot projects 
with a required report to Congress offer the best opportunity 
to identify sound approaches to this problem.
    Title I also addresses interior enforcement issues which 
relate directly to the problem of visa overstays and criminal 
aliens. Section 112 requires a pilot program to determine the 
feasibility of using closed military bases as INS detention 
centers. Lack of detention space is frequently cited as a 
reason why the INS is able to remove only a small fraction of 
deportable aliens. This problem is particularly acute when the 
INS is unable to detain criminal aliens. Use of converted 
military facilities may help bridge the gap between the need 
for detention space and available capacity. The INS already has 
planned to use one closed military facility as a site for 
training of new immigration officers and Border Patrol agents. 
Other uses of such facilities to aid in immigration enforcement 
should be pursued.
    Section 113 seeks to improve tracking of visa overstays by 
requiring pilot projects at 3 major international airports 
under which the INS would directly collect records of departure 
from every departing alien passenger. As previously discussed, 
the INS lacks the ability to accurately track whether aliens 
with permission to enter the United States temporarily leave 
within the time limit set for their departure. This makes it 
more difficult for the INS to assess the extent of the overstay 
problem, and more importantly, to determine if individual 
aliens are violating, or have violated, their nonimmigrant 
status. The United States should test the feasibility of a 
system of uniform departure controls for all aliens. Initial 
pilot projects should focus on airports with the highest volume 
of international travel. A pilot program should first be 
implemented in order to test the cost and effectiveness of a 
comprehensive departure control system before a decision is 
made to make such a program permanent. The pilot program, 
however, should be seen as a first step toward eventual 
implementation of a system that will enable INS to readily 
identify all aliens who violate their nonimmigrant status by 
overstaying.
    Section 121 authorizes the appropriation of funds to 
increase the number of investigators and other enforcement 
personnel deployed in the interior of the United States.

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

    Sections 201 through 205 permit the INS to seek wiretap 
authorization under 18 U.S.C. 2516(1) in investigations of 
alien smuggling and document fraud; make document fraud and 
alien smuggling crimes indictable as racketeering offenses 
under the Racketeer Influenced and Corrupt Organizations Act 
(RICO); increase criminal penalties for alien smuggling, 
particularly where the smuggling is done for financial gain, 
involves criminal aliens, or multiple illegal entries; increase 
the number of U.S. attorneys available for the prosecution of 
immigration crimes; and expand the undercover investigations 
authority of the INS.
    Section 211 through 216 increase civil and criminal 
penalties for document fraud, and establish new penalties for 
knowing preparation or presentation of fraudulent documents, 
and for making false claims to citizenship. Section 221 extends 
asset forfeiture authority under 18 U.S.C. 982(a) in the case 
of aliens convicted of passport or visa fraud, and section 222 
permits the issuance of subpoenas for bank records in 
investigating such crimes.

         Title III--Apprehension and Removal of Illegal Aliens

                Subtitle A--Reform of Removal Procedures

    Subtitle A of Title III (sections 301 through 309) 
streamlines rules and procedures in the Immigration and 
Nationality Act to make it easier to deny admission to 
inadmissible aliens and easier to remove deportable aliens from 
the United States. (Due to complexity of these provisions, 
detailed analysis and comment of some provisions is reserved to 
the section-by-section analysis.)
    Section 301 provides that aliens who have entered the 
United States without being legally admitted are now classified 
as ``inadmissible'' and, if apprehended, bear the same burden 
of proof as an alien seeking to be admitted at a port of entry: 
to establish clearly and beyond doubt that they are entitled to 
be legally admitted. Aliens who have been legally admitted, but 
who overstay their visas or otherwise violate their immigration 
status (such as by committing crimes), must establish by clear 
and convincing evidence that they are lawfully present. Aliens 
who have been illegally present in the U.S. for an aggregate of 
12 months will, with certain exceptions, not be eligible for 
permanent residence or other immigration benefits for 10 years.
    Section 301(e) makes inadmissible to the United States any 
former U.S. citizen who officially renounces United States 
citizenship for the purpose of avoiding taxation by the United 
States. The Committee intends that this section shall apply 
solely to those individuals who officially renounce their U.S. 
citizenship after the date on which this section becomes 
effective.
    Section 302 provides that an arriving alien can be denied 
entry into the U.S. by an immigration officer because of 
misrepresentation, use of fraudulent documents, or lack of any 
documents. The alien may be ordered removed without a hearing 
before an immigration judge, and without administrative or 
judicial review. This provision is based upon legislation 
approved by the Subcommittee on International Law, Immigration, 
and Refugees during the 103rd Congress.
    This provision is necessary because thousands of aliens 
arrive in the U.S. at airports each year without valid 
documents and attempt to illegally enter the U.S. Unless such 
aliens claim to be U.S. nationals, or state a fear of 
persecution, there is no requirement under the Constitution or 
international treaty to do anything other than return them, as 
promptly as possible, to where they boarded the plane to come 
here. Neither international law nor the Due Process Clause of 
the Fifth Amendment require that such aliens be given a hearing 
before an immigration judge or a right to appeal.
    Section 302 also requires that an alien subject to 
expedited removal who claims persecution or otherwise indicates 
a desire to apply for asylum be interviewed by an asylum 
officer to determine if the alien has a ``credible fear'' of 
persecution. A ``credible fear'' is established if the alien is 
more likely than not telling the truth, and if there is a 
reasonable probability that the alien will meet the definition 
of refugee and otherwise qualify for asylum. This standard, 
therefore, is lower than the ``well-founded fear'' standard 
needed to ultimately be granted asylum in the U.S.--the 
arriving alien need only show a probability that he will meet 
the well-founded fear standard. The credible fear standard is 
designed to weed out non-meritorious cases so that only 
applicants with a likelihood of success will proceed to the 
regular asylum process. If the alien meets this threshold, the 
alien is permitted to remain in the U.S. to receive a full 
adjudication of the asylum claim--the same as any other alien 
in the U.S.
    Under this system, there should be no danger that an alien 
with a genuine asylum claim will be returned to persecution. 
The initial screening, which should take place in the form of a 
confidential interview, will focus on two questions: is the 
alien telling the truth; and does the alien have some 
characteristic that would qualify the alien as a refugee. As in 
other cases, the asylum officer should attempt to elicit all 
facts relevant to the applicant's claim. It is not unreasonable 
to expect the applicant to be truthful in such an interview. 
Nor is it unreasonable to expect that, in the case of a person 
genuinely fleeing persecution, that the interview will yield 
sufficient facts to determine that the alien has a reasonable 
likelihood of being successful in the full asylum process.
    Section 302 permits the interview itself to be carried out 
by a full-time INS asylum officer, or by an INS inspector or 
other official who has received the complete training provided 
to full-time asylum officers and has reasonable access to 
country condition reports and other resources that are used by 
asylum officers to assess the credibility and foundation of 
asylum claims.
    Section 304 provides that there will be a single, 
streamlined ``removal proceeding'' before an immigration judge 
for all inadmissible and deportable aliens. This will replace 
the current exclusion proceedings under section 236 of the INA, 
and deportation proceedings under section 242. The 
consolidation will end procedural disputes contesting the type 
of proceeding an alien should be subject to, disputes that 
often turn on the elusive question of whether an illegal alien 
has been apprehended immediately upon entry, or evaded 
government control for a period of time. Instead, the focus 
will be upon whether the alien has or has not been lawfully 
admitted to the U.S.
    Section 304 also will simplify procedures for initiating 
removal proceedings against an alien. There will be a single 
form of notice, stating the nature and legal authority for the 
proceedings, the charges against the alien, the fact that the 
alien may be represented by counsel at no expense to the 
government, and, importantly, the specific requirement that the 
alien immediately provide the Attorney General with an address 
and phone number at which the alien may be contacted, as well 
as any change in that address or phone number. The Committee is 
particularly concerned with two problems regarding lack of 
accurate information on alien's addresses. First, many aliens 
do not leave forwarding addresses, thus making delivery of 
notice impossible. Second, there often are protracted disputes 
concerning whether an alien has been provided proper notice of 
a proceeding. This impairs the ability of the government to 
secure in absentia deportation orders in cases where aliens 
fail to appear for their hearings; in many such cases, aliens 
will petition to reopen their hearings on the grounds that they 
never received proper notice.
    Section 304 addresses these problems with a number of new 
requirements. First, it requires the INS to establish a central 
address file to accurately record address information, 
including changes, provided by aliens. Second, it provides that 
service by mail of the required notice of hearing is sufficient 
if there is proof of delivery to the most recent address 
provided by the alien. Third, it authorizes the immigration 
judge to enter an in absentia order if the alien fails to 
appear provided that there is proof of attempted delivery at 
this address. Fourth, it allows an alien to rescind an in 
absentia order only in the case of specified exceptional 
circumstances or if the alien demonstrates that notice was not 
received notwithstanding the alien's compliance with the notice 
of address requirements.
    At the time of the service of notice of hearing, or at any 
time thereafter, an alien must be provided oral notice, in a 
language the alien understands, of the time and place of the 
proceedings, and the consequences of failing to appear for the 
hearing. An alien who has been provided such notice and who 
nevertheless fails to appear also shall be ineligible for 
various immigration benefits, including voluntary departure, 
cancellation of removal, adjustment of status, and registry, 
for a period of 10 years.
    The burden of proof shall be on the alien at the hearing 
either to establish by clear and convincing evidence that he or 
she is lawfully present pursuant to a prior lawful admission 
or, in the case of an alien who has never been lawfully 
admitted, to establish beyond a doubt that he or she is 
entitled to be admitted. If the alien establishes that he or 
she has been lawfully admitted, the burden of proof shifts to 
the INS to establish by clear and convincing evidence that the 
alien is deportable. Aliens are limited to a single motion to 
reconsider and a single motion to reopen removal proceedings.
    Section 304 also removes the requirement that the written 
notice of hearing be provided in Spanish as well as English. 
The increased administrative burdens on the INS imposed by this 
requirement are not justified, especially in light of the fact 
that many immigrants served such notices do not speak Spanish. 
Section 304 also authorizes an immigration judge to enter an 
order of removal stipulated to by the alien (or representative) 
and the INS.
    Section 304 also redefines the relief available to aliens 
in removal proceedings. New limitations are placed on the 
practice of ``voluntary departure,'' to ensure that aliens 
granted this form of relief actually and timely depart the 
United States. An alien who is removable may apply for 
cancellation of removal if he or she has been a lawful 
permanent resident for not less than 5 years and has not been 
sentenced for 5 years due to commission of an aggravated 
felony; if he or she is a battered spouse or child of a citizen 
or lawful permanent resident and has been physically present 
for 3 years; or if the alien has been physically present for 
and has been a person of good moral character for 7 years 
preceding the application. The time period for continuous 
physical presence terminates on the date a person is served a 
notice to appear for a removal proceeding or if the alien is 
absent from the United States for an aggregate period in excess 
of 180 days. There is an annual cap of 4,000 on cancellations 
of removal, to be effective immediately, and to include the 
cases of persons who are eligible for suspension of deportation 
because they were served a notice of hearing prior to the 
enactment of this bill.
    Section 305 seeks to ensure that aliens with a final order 
of removal under the streamlined procedures established in 
section 304 are removed from the U.S. within a target period of 
90 days from the entry of such order and, during that time, are 
either detained or released on conditions that ensure they will 
appear for removal.
    These mandates represent a significant departure from 
current law and practice, which often permit aliens who have 
final orders of deportation to remain in the U.S. indefinitely. 
Numerous factors are cited for this failure to deport: 
insufficient detention space, lack of resources to apprehend 
aliens for deportation, and archaic procedures which provide 
advance notice to aliens of when they must report for 
deportation--a practice charitably characterized as a ``run 
letter.'' H.R. 2202 specifically addresses all of these 
factors, by increasing detention space (including the use of 
closed military facilities on a pilot basis), increasing the 
number of interior enforcement personnel, including 
specifically detention and deportation officers, and, in this 
section, establishing procedures that will ensure that an order 
of removal is no longer a dead letter, but results in an actual 
physical removal of the alien.
    Yet, perhaps the most critical factor in lax enforcement of 
deportation orders is what happens--or, more precisely, does 
not happen--when an immigration judge enters an order of 
deportation. Unless the alien is currently under detention 
(which is the exception, not the rule), the alien walks out of 
court scot-free: the immigration judge imposes no bond 
requirement, establishes no firm date for departure, and 
obtains no assurance that the alien will be prepared to depart 
when the INS is ready to remove him. With such lax procedures, 
it should come as no surprise that a high percentage of aliens 
abscond. As a result, the resources expended to identify, 
apprehend, and provide a hearing to a deportable alien are all 
too often wasted.
    Under section 305, an alien must be detained during the 90-
day ``removal period,'' which commences when an order of 
deportation is final. Since most aliens ordered deported do not 
file appeals, this detention can ordinarily begin when the 
order is entered. (Such detention, of course, would not prevent 
the alien from filing an appeal, in which case the alien could 
be released on bond.) If detention space is not available, the 
alien may be released on bond and under conditions prescribed 
by the Attorney General in order to ensure that the alien 
appears for deportation. The Committee strongly recommends that 
the INS and immigration judges be charged with the requirement 
to impose conditions that will ensure the alien is available 
for deportation when all proceedings are complete and travel 
documents have been obtained. An alien under an order of 
deportation, moreover, may not be granted work authorization 
unless the alien cannot be removed because there is no country 
willing to accept the alien or if the Attorney General 
determines that deportation is contrary to the public interest.
    The objective of section 305 is that the entry of an order 
of removal be accompanied by specific requirements to ensure 
that the alien will depart the U.S. No set of reforms in this 
legislation is more important to establishing credibility in 
enforcement against illegal immigration.
    Section 306 preserves the right to appeal from a final 
administrative order of removal (first issued by an immigration 
judge, then reviewed by the Board of Immigration Appeals) to 
one of the Federal circuit courts of appeals. The bill limits 
rights in cases where the alien's right to relief is limited by 
statute: arriving aliens who clearly have no right to enter the 
U.S.; illegal aliens who also have committed aggravated 
felonies; and aliens who have failed to appear for their 
immigration hearings. Judicial review in such cases is limited 
to whether the alien has been correctly identified as being 
subject to expedited procedures for removal, and whether the 
appropriate procedures have been followed.
    Section 306 also limits the authority of Federal courts 
other than the Supreme Court to enjoin the operation of the new 
removal procedures established in this legislation. These 
limitations do not preclude challenges to the new procedures, 
but the procedures will remain in force while such lawsuits are 
pending. In addition, courts may issue injunctive relief 
pertaining to the case of an individual alien, and thus protect 
against any immediate violation of rights. However, single 
district courts or courts of appeal do not have authority to 
enjoin procedures established by Congress to reform the process 
of removing illegal aliens from the U.S.
    Section 307 provides that aliens who are ordered removed or 
granted voluntary departure and do not depart the U.S. on time 
are subject to civil penalties and excludes them from most 
immigration benefits. Members of terrorist organizations are 
deemed inadmissible to the U.S., and alien terrorists are 
ineligible for asylum or withholding of deportation. Arriving 
aliens who are inadmissible on terrorist grounds are subjected 
to an expedited removal procedure under the jurisdiction of the 
Attorney General.

      Subtitle B--Removal and Inadmissibility of Alien Terrorists

    Subtitle B of Title III (sections 321 through 332) provides 
that in cases where the use of normal removal proceedings would 
risk national security, the deportation charges against 
suspected alien terrorists may be adjudicated in special 
procedures conducted before one of five Federal district court 
judges specially appointed to serve in such cases by the Chief 
Justice of the Supreme Court. The special hearings will be open 
to the public but conducted to ensure the confidentiality of 
classified national security information. Aliens have the right 
to court-appointed attorneys, to confront adverse evidence, and 
to present evidence. The judges may consider classified 
evidence in camera, and provide a summary of such evidence to 
the alien, unless providing the summary would cause harm to the 
national security or to any person. Aliens may be detained in 
most cases throughout the proceeding and expeditiously removed 
after entry of an order of removal.
    These special procedures are intended to address the rare 
circumstance when the government is not able to establish the 
deportability of an alien under section 241(a)(4)(D) of the INA 
without recourse to evidence the disclosure of which would pose 
a risk to the national security of the United States. They are 
exclusively to be used in cases where the alien is deportable 
under section 241(a)(4)(D). The Committee expects that these 
procedures will be used infrequently, and requests that the 
government will exercise utmost discretion in seeking to 
initiate proceedings under Subtitle B. Moreover, with the 
enactment of the provisions of Title I and Title II directed at 
securing the nation's borders and preventing immigration-
related crimes, and the remaining provisions of Title III which 
streamline the administrative removal process, the numbers of 
cases in which these special deportation procedures must be 
used hopefully will be further diminished.
    These special procedures are designed to protect the 
``fundamental requirement of due process[:] . . . the 
opportunity to be heard `at a meaningful time and in a 
meaningful manner.' '' 86 The Supreme Court has 
acknowledged that `` `due process is flexible and calls for 
such procedural protections as the particular situation 
demands.' '' 87 The Court's decisions indicate that three 
factors must be weighed in determining if the procedures to 
which one is subjected meets the constitutional threshold.
    \86\ Mathews v. Eldridge, 424 U.S. 319, 333 (1976) (citing 
Armstrong v. Manzo, 380 U.S. 545, 552 (1965); Grannis v. Ordean, 234 
U.S. 385, 394 (1914)).
    \87\ Mathews, 424 U.S. at 334 (quoting Morrissey v. Brewer, 408 
U.S. 471, 481 (1972)).

          [T]he private interest that will be affected by the 
        official action; second, the risk of an erroneous 
        deprivation of such interest through the procedures 
        used, and the probable value, if any, of additional or 
        substitute procedural safeguards; and finally, the 
        government's interest, including the function involved 
        and the * * * burdens that the additional or substitute 
        procedural requirement would entail.88
    \88\ Mathews, 424 U.S. at 335, 347.

    These factors have been taken into full account in drafting 
section 321.
    First, section 321 recognizes that an alien present in the 
U.S. has a constitutional liberty interest to remain in the 
U.S., and that this liberty interest is most significant in the 
case of a lawful permanent resident alien.

          [I]t is clear that, in defining an alien's right to 
        due process, the Supreme Court is concerned with 
        whether he is a permanent resident. * * * A permanent 
        resident alien [has] a stake in the United States 
        substantial enough to command a higher level of 
        protection under the due process clause before he may 
        be deported. The result of such an action after all, 
        may be to separate him from family, friends, property, 
        and career, and to remit him to starting a new life in 
        a new land. * * * [E]ven a manifest national security 
        interest of the United States cannot support an 
        argument that [a permanent resident alien] is not 
        entitled, as a threshold matter, to protection under 
        the due process clause. Once across that threshold, the 
        calculus of just how much process is due involves a 
        consideration of the Government's interests in 
        dispensing with procedural safeguards.89
    \89\ Rafeedie v. INS, 880 F.2d 506, 522 (D.C. Cir. 1989). See also 
Landon v. Plasencia, 459 U.S. 21, 32 (1982) (``[O]nce an alien gains 
admission to our country and begins to develop the ties that go with 
permanent residence, his constitutional status changes accordingly.''); 
Mathews, 424 U.S. at 333.

    No alien, in particular a permanent resident alien, would 
be subject to deportation without an opportunity to contest 
that deportation. Even in the case where confidential 
information may be used without disclosure to the alien, 
section 321 provides protections adequate under the due process 
clause of the Fifth and Fourteenth Amendment, by permitting, in 
the case of a lawful permanent resident, a special attorney 
representing the alien to review and contest the information.
    Second, the risk of an erroneous deprivation of the liberty 
interest is remote. The government's burden of proof, as in 
regular deportation proceedings, is to establish by clear and 
convincing evidence that the alien is deportable. This 
determination, moreover, is to be made in the first instance by 
a judge serving pursuant to Article III of the Constitution, 
which enhances the due process provided to an alien terrorist 
above that provided in regular deportation proceedings, in 
which the presiding immigration judge is an employee of the 
Department of Justice. Furthermore, the alien is entitled to be 
represented by counsel at government expense, a privilege that 
is not extended to aliens under Title II of the INA, which 
stipulates that the alien's representation is to be at no 
expense to the government. Finally, the determination is 
subject to appellate review. As discussed in greater detail 
below, the risk of error arising from in camera and ex parte 
consideration of classified evidence is minimized through the 
procedural safeguards limiting reliance on such evidence 
without any disclosure to the alien.
    Third, there can be no gainsaying the compelling nature of 
the government's interest in the prompt removal of alien 
terrorists from U.S. soil, or in protecting the ability of the 
government to collect and rely upon confidential information 
regarding alien terrorists who may be present in the U.S. 
Piercing this provision's limited veil of secrecy over 
classified evidence will clearly make it more difficult to 
gather evidence against suspected terrorists and to convince 
international sources that such information will be secure in 
the hands of our government, and ultimately lead to alien 
terrorists being able to remain in the U.S. to harm our 
citizens and lawful residents, while the Government waits, 
hoping that another ground for deportation is made available.
    The most salient distinction between the procedures 
constructed in section 321 and those normally available under 
Title II of the INA is the provision for use of classified 
information. All of the procedures and procedural protections 
in section 321 flow from this fundamental policy decision: that 
reliable and relevant classified information should be 
available to be used to establish the deportability of an alien 
terrorist. This policy in itself causes no constitutional 
difficulty, and the protections against abuse of that policy by 
the government are more than adequate to protect the 
constitutional interests at stake.
    The Supreme Court and lower federal courts have upheld the 
authority of the INS to use classified information in the cases 
of aliens who seek discretionary relief from deportation, 
without disclosing such information to the applicant.90 
Thus, the use of nondisclosed classified information to inform 
a court's decision whether or not to order deportation has 
precedent and is not unconstitutional on its face.
    \90\ Jay v. Boyd, 351 U.S. 345, 358-60 (1956); Suciu v. INS, 755 
F.2d 127, 128 (8th Cir. 1985)(per curiam). See also Naji v. Nelson, 113 
F.R.D. 548, 551-552 (N.D. Ill. 1986).
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    Furthermore, the clear intent of section 321 is that all 
information used to support the charge of deportability will be 
disclosed to the applicant. This intent is most clearly seen by 
considering the substantive and procedural hurdles the 
government must satisfy before confidential information may be 
considered in camera as part of the record. First, in order to 
even convene a special deportation proceeding, the government 
must present a petition personally approved by the Attorney 
General or the Deputy Attorney General to one of the federal 
district court judges serving on the special deportation court. 
Placing these proceedings before an Article III judge provides 
such aliens an enhanced measure of due process that is not 
accorded to other deportable aliens, whose cases are heard by 
administrative judges under the direction of the Attorney 
General.
    Second, the proceeding cannot commence unless the judge 
finds probable cause to believe that the alien has been 
correctly identified, is a terrorist, and that the use of 
normal deportation procedures under Title II of the INA would 
pose a risk to national security.
    Third, the Department of Justice has the burden to prove by 
clear and convincing evidence that the alien is deportable. 
Classified information may be presented in camera and ex parte. 
However, a summary of such evidence sufficient to inform the 
alien of the nature of the evidence and to permit the alien to 
prepare a defense must be approved by the judge and provided to 
the alien. If the judge does not believe the summary to be 
adequate, and the government cannot correct the deficiencies, 
the proceedings will be terminated.
    Fourth, the only circumstance in which the consideration of 
classified information in camera can proceed without providing 
a summary to the alien is if the judge finds that the continued 
presence of the alien in the U.S., or the provision of the 
summary, would cause serious and irreparable harm to the 
national security or death or serious bodily injury to any 
person. This is, intentionally, a strict standard, designed to 
emphasize the clear policy of this legislation that the alien 
have appropriate notice of the evidence against him and an 
opportunity to prepare and present a defense.
    Fifth, as an additional protection, section 321 provides, 
in the case of an alien lawfully admitted for permanent 
residence, that confidential information may be disclosed to a 
special attorney appointed for this purpose by the judge. The 
attorney may not disclose such information to the alien or any 
other party under pain of fine and imprisonment, but may 
present all relevant arguments against the admissibility, 
relevance, credibility, or probative value of the evidence.
    As noted previously, the Constitution does not forbid the 
use of classified information in rendering decisions on the 
right of an alien to remain in the United States. The 
procedures established in section 321 permit use of classified 
information in deportation proceedings, while protecting to the 
maximum extent possible consistent with the classified nature 
of such information the ability of the alien to examine, 
confront, and cross-examine such evidence. Any further 
protection of the alien's rights in this regard would 
eviscerate the ability of the government to rely upon such 
information and protect its classified nature, an objective 
that is grounded on national interests of the most compelling 
nature.
    Subtitle B also makes representatives and members of 
organizations designated by the Secretary of State as terrorist 
organizations inadmissible to the U.S. and ineligible for 
asylum, withholding of deportation, suspension of deportation 
(cancellation of removal), voluntary departure, and registry.
    The objective of preventing terrorist aliens from entering 
the U.S. is equally important to the national interest as the 
removal of alien terrorists. On this question, the demands of 
due process are negligible, and Congress is free to set 
criteria for admission and screening procedures that it deems 
to be in the national interest. ``Aliens seeking admission to 
the United States cannot demand that their application for 
entry be determined in a particular manner or by use of a 
particular type of proceeding. For those aliens, the procedure 
fixed by Congress is deemed to be due process of law.'' 91 
The Supreme Court observed in Knauff v. Shaughnessy ``that an 
initial entrant has no liberty (or any other) interest in 
entering the United States, and thus has no constitutional 
right to any process in that context; whatever Congress by 
statute provides is obviously sufficient, so far as the 
Constitution goes.'' 92 ``Our starting point, therefore, 
is that an applicant for initial entry has no constitutionally 
cognizable liberty interest in being permitted to enter the 
United States.'' 93
    \91\ Rafeedie v. INS, 880 F.2d 506, 513 (D.C. Cir. 1989) (citing 
Knauff v. Shaughnessy, 338 U.S. 537 (1950)) (emphasis in original).
    \92\ Rafeedie, 880 F.2d at 520.
    \93\ Id.
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    Under these provisions, an alien will be inadmissible if 
the alien is a representative of a terrorist organization or a 
member of an organization that the alien knew or should have 
known was a terrorist organization. This distinction is 
intended to ensure that aliens who are most active as 
directors, officers, commanders, or spokespersons for terrorist 
organizations are strictly barred from entering the U.S. An 
alien who is merely a member of a terrorist organization will 
be considered under a slightly less strict standard that 
incorporates a scienter requirement that the alien knew or 
should have known that the organization is terrorist in nature. 
Thus, an alien innocent of involvement with or knowledge of 
terrorist activity on the part of an organization of which he 
or she was merely a member would not necessarily be 
inadmissible to the U.S.
    An organization will be considered ``terrorist'' for 
purposes of these provisions only if it has been designated as 
such by the Secretary of State after consultation with the 
Attorney General, and after consultation with the Committees on 
the Judiciary of the House of Representatives and the Senate. 
Only foreign organizations and subsidiary foreign groups that 
have engaged in, or are engaging in, terrorist activity (as 
that term is currently defined in the INA) and whose acts pose 
a threat to the national security of the United States, can be 
so designated. The Secretary of State, in consultation with the 
Attorney General, may remove any such designation once made. 
The designation is subject to judicial review upon its being 
made public and, by law, may be removed by Congress.

                    Subtitles C and D--Miscellaneous

    The remainder of title III contains a number of 
miscellaneous provisions, including a definition of 
``stowaway;'' a clarification of the definition of 
``conviction'' for immigration law purposes; a definition of 
``immigration judge'' together with a salary schedule for the 
position; the establishment of an ``Immigration Enforcement 
Account'' for the deposit of civil penalties; an authorization 
for use of retired Federal employees in the Institutional 
Hearing Program; the setting of conditions for prisoner 
transfer treaties with foreign states; amendments to the 
criminal alien identification system; and provisions to protect 
the confidentiality of battered women and children.

             Title IV--Employer Sanctions and Verification

    H.R. 2202 recognizes that the solution to the problems in 
employer sanctions is twofold. First, the number of employment 
eligibility documents employers are required to review must be 
reduced. Currently, employees can submit one or more of 29 
different documents. Title IV reduces this to six: a passport 
or alien registration card or resident alien card, or a social 
security card in combination with a driver's license or state 
ID card.
    More importantly, there must be an authoritative check of 
the veracity of the documents provided by new employees. Such a 
verification mechanism will be instituted on a pilot basis, 
using existing databases of the SSA and the INS. Every person 
in America authorized to work receives a social security 
number. Aliens legally in this country (and many illegal 
aliens) have alien identification numbers issued by the INS. If 
a verification mechanism could compare the social security 
(and, for a noncitizen, alien number) provided by new employees 
against the existing databases, individuals presenting 
fictitious numbers and counterfeit documents, or who are not 
authorized to be employed, would be identified. A verification 
system could ``prevent use of never-issued numbers, numbers 
restricted to nonwork purposes, and numbers belonging to 
deceased people.'' 94
    \94\ Social Security Administration, Department of Health and Human 
Services, A Social Security Number Validation System: Feasibility, 
Costs, and Privacy Considerations 2 (1988) (hereinafter cited as Social 
Security Number Validation System).
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    Title IV will institute pilot projects testing this 
verification mechanism in at least five of the seven states 
with the highest estimated populations of illegal aliens. All 
employers in such states having 4 or more employees will be 
involved. The pilots will terminate no later than October 1, 
1999. The mechanism cannot be expanded nationwide without 
authorization by Congress.
    The verification mechanism would work as follows: As under 
current law, once an applicant has accepted a job offer, he or 
she will present certain documents to the employer. The 
employer, within three days of the hire, must examine the 
document(s) to determine whether they reasonably appear on 
their face(s) to be genuine and complete an I-9 form attesting 
to this examination.
    The employer will also have three days from the date of 
hire (which can be before the date the new employee actually 
reports to work) to make an inquiry by phone or other 
electronic means to the confirmation office established to run 
the mechanism. Additional time will be provided in the event 
the confirmation office cannot respond to all inquiries. If the 
new hire claims to be a citizen, the employer will transmit his 
or her name and social security number. The confirmation office 
will compare the name and social security number provided 
against information contained in the Social Security 
Administration database. If the new hire claims to be a non-
citizen, the employer will transmit his or her name, social 
security number and alien identification number. The alien 
number is needed despite the fact that all work authorized 
aliens have social security numbers because (1) in some 
instances a social security number will not have been issued by 
the time of the verification attempt and (2) the SSA database 
does not provide information on changes in work eligibility 
status occurring after the number is issued. The confirmation 
office will compare the name and social security number 
provided against information contained in the SSA database and 
will compare the name and alien number provided against 
information contained in the INS database.
    When the confirmation office ascertains that the new hire 
is eligible to work, the operator will within three days so 
inform the employer and provide a confirmation number. If the 
confirmation office cannot confirm the work eligibility of the 
new hire, it will within three days so inform the employer of a 
tentative nonconfirmation and provide a tentative 
nonconfirmation number. If the new hire wishes to contest this 
finding, ``secondary verification'' will be undertaken. 
Secondary verification is an expedited procedure set up to 
confirm the validity of information contained in the government 
databases and provided by the new hire. Under this process, the 
new hire will typically contact or visit the SSA and/or INS to 
see why the government records disagree with the information he 
or she has provided. If the new hire requests secondary 
verification, he or she cannot be fired on the basis of the 
tentative nonconfirmation. The employee has 10 days to 
reconcile the discrepancy. If the discrepancy is reconciled, 
then confirmation of work eligibility and a confirmation number 
is given to the employer by the end of this period. If the 
discrepancy is not reconciled or the employee does not attempt 
to reconcile the information, then final denial of confirmation 
and a final nonconfirmation number will be given by the end of 
this period; the employer must then dismiss the new hire as 
being ineligible to work in the United States.95
    \95\ The process under which discrepancies are investigated and 
either reconciled or not reconciled is called ``secondary 
verification.'' See notes 100-103 and accompanying text.
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    Title IV provides protection to both employers and 
employees. Employers will be shielded from liability for 
actions they take in good faith reliance on information 
provided by the confirmation mechanism. Employees who would not 
have been dismissed from their jobs but for errors contained in 
the databases or made by the verification mechanism will be 
entitled to compensation through the Federal Tort Claims Act.
    Title IV's verification mechanism will most likely reduce 
any temptation to engage in employment discrimination based on 
considerations of national origin. Currently, employers might 
be tempted not to hire job applicants who look or sound 
``foreign'' in order to protect themselves from being penalized 
for hiring illegal aliens. After the verification mechanism is 
implemented, employers will receive independent confirmation 
that their new hires are work-authorized. The temptation to 
worry--and to discriminate--will be greatly reduced. As to any 
burden secondary verification may place on employers, it must 
be remembered that verification can only take place after an 
employee is offered a job. Thus, if an employer were to revoke 
a job offer because secondary verification were required, the 
employee would immediately know that illegal verification-
related discrimination had taken place and could file a 
complaint with the Justice Department's Office of Special 
Counsel.
    The verification mechanism also does not present civil 
liberties concerns. The system requires no new document, let 
alone anything approaching a ``national ID'' card. It requires 
no modification of existing identification documents. It 
requires no new federal government database and entails the 
collection by the federal government of no new data. It relies 
on information that the SSA and the INS have been recording for 
years. Employees' privacy is protected since the information 
contained in the existing government databases cannot be 
disseminated, under penalty of law to employers or anyone else. 
Employers will merely be told yes (information provided by an 
employee matches information contained in the databases and the 
person is eligible to work), or that secondary verification is 
required (the information indicates that the employee is not 
authorized to work or that there is a discrepancy) and later, 
whether secondary verification was or was not successful in 
confirming the identity and work eligibility of the employee.
    Verification mechanisms like that proposed by Title IV have 
in fact been tested in recent years. In the late 1980's, the 
Social Security Administration tested a system in which about 
1,500 volunteer employers received confirmation of work 
authorization of prospective employees and new hires by 
telephoning Social Security and transmitting social security 
numbers.96 Upon evaluation of the pilot, it was determined 
that ``given sufficient leadtime and resources, a [social 
security number] validation system using public telephone lines 
could be developed.'' 97 Since 1992, the INS has been 
testing a ``telephone verification system'' with first nine and 
now 223 volunteer employers who check the eligibility to work 
of new hires identifying themselves as aliens by contacting the 
system through telephones and ``point-of-sale'' devices and 
transmitting alien numbers.98
    \96\ See Social Security Number Validation System.
    \97\ Id. at 7.
    \98\ Office of Information Resources Management, Records Systems 
Division, SAVE Program Branch, Immigration and Naturalization Service, 
Telephone Verification System (TVS) Pilot: Report on the Demonstration 
Pilot-Phase 1 (1993) (hereinafter cited as Telephone Verification 
System).
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    Employers who took part in the first phase of the INS' 
pilot program: (1) unanimously recommended that it be 
implemented as a permanent program; (2) unanimously indicated 
that they would be willing to pay for the service; (3) 
indicated in 100 percent of the monthly survey responses that 
overall procedures were beneficial; (4) indicated in 100 
percent of the monthly survey responses that primary 
verification was easy to use; (5) indicated in 99 percent of 
the monthly survey responses that primary verification was 
useful; and (6) indicated in 99 percent of the monthly survey 
responses that secondary verification response was 
satisfactory.99
    \99\ Id. at 9-10, 16.
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    Questions have been raised about the accuracy of data in 
the SSA and INS databases, based on the apparently high rates 
of secondary verification required in both the SAVE program 
(Systematic Alien Verification for Entitlements) and the INS 
and Social Security pilot projects testing 
verification.100 The concern is misplaced. Secondary 
verification is ordered whenever an employee or benefits 
applicant provided information that does not match that in the 
database. It typically involves a review of the files by the 
applicable government agency and can take from a few days to a 
few weeks. Secondary verification does not necessarily mean 
database error; it is often the fault of the employee or the 
applicant for mistakenly providing erroneous information or 
deliberately providing fictitious information.101
    \100\ The SAVE program, established by section 121 of IRCA, 
requires state social service agencies to check alien eligibility for 
federal benefits through an INS database. See Verification of 
Eligibility for Employment and Benefits: Hearing Before the Subcomm. on 
Immigration and Claims of the House Comm. on the Judiciary, 104th 
Cong., 1st Sess. 36-37 (March 30, 1995) (Statement of Robert L. Bach, 
Executive Associate Commissioner, Policy and Planning, Immigration and 
Naturalization Service).
    In FY 1994, the SAVE system secondary verification rate was 17 
percent. See 1994 Commission Report at 74. The INS pilot project 
registered a 28 percent secondary verification rate from April to 
December 1993. See Telephone Verification System at 11. The Social 
Security Administration pilot project (conducted from January 1987 to 
October 1988) registered a 17 percent secondary verification rate. See 
Social Security Number Validation System at 6.
    \101\ For example, an inquiry to INS could require secondary 
verification for any of the following reasons: (1) the INS database 
correctly indicates the alien is not eligible to work; (2) the INS 
database has no information on the alien because the alien has provided 
a false alien number; (3) the alien gave the employer a different 
spelling of his name from that in the INS database; (4) the INS has 
been tardy in entering the immigrant's alien number into its database; 
or (5) the INS database is in error. As part of the pilot program, the 
INS must review and update its data in order to ``promote[] . . . 
maximum accuracy and shall provide a process for the prompt correction 
of erroneous information.'' Additionally, computer programs can be 
designed to allow for common alternative spellings of names.
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    In cases where the alien has assumed a fictitious identity 
or is legally present but not authorized to work, secondary 
verification will reveal that the system worked properly in 
declining to provide employment eligibility confirmation. In 
cases where the alien is eligible to work but provided 
incorrect information or there was an error in the INS 
database, secondary verification should result in confirmation 
of employment eligibility. In the Social Security 
Administration pilot, only 12 percent of individuals initially 
denied confirmation bothered to contact the 
Administration,102 indicating the other 88 percent were 
probably not eligible to work to begin with. In the first phase 
of the INS pilot, secondary verification confirmed 
noneligibility to work 43 percent of the time.103
    \102\ See A Social Security Number Validation System at appendix C.
    \103\ Telephone Verification System at 12.
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    The Principal Deputy Commissioner of the Social Security 
Administration testified before the Subcommittee on Immigration 
and Claims on June 29, 1995, that ``[o]ur information on name, 
social security number, and so forth, so far as we know is 
absolutely accurate.'' Asked whether he ``perceive[d] any 
problem being able to identify whether there's an individual 
with a particular social security number'', he responded in the 
negative.104 The Executive Associate Commissioner for 
Policy and Planning of the INS testified before the 
Subcommittee on March 30, 1995, that the INS is pursuing 
initiatives to ``reduce[] error and creat[e] a capacity for 
resolving any errors which might now exist. The goal of these 
improvements is to enable INS to provide timely and accurate 
responses to verification requests.'' 105
    \104\ H.R. 1915, the Immigration in the National Interest Act of 
1995: Hearing Before the Subcomm. on Immigration and Claims of the 
House Comm. on the Judiciary, 104th Cong., 1st Sess. (1995) (statement 
of Lawrence H. Thompson).
    \105\ Hearing: Verification of Eligibility for Employment and 
Benefits, supra note 100, at 36 (statement of Robert L. Bach).
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                   Title V--Legal Immigration Reform

    Title V reforms the legal immigration system of the United 
States. Any alien who seeks to immigrate to the U.S. must be 
admitted under one of these four categories: (1) family-
sponsored immigrants; employment-based immigrants; humanitarian 
immigrants; and diversity immigrants. (Due to the complexity of 
these provisions, detailed analysis and comment on some 
provisions is reserved to the section-by-section analysis.)
    Sections 501 through 504 establish worldwide levels for 
family-sponsored (330,000), employment-based (135,000), 
diversity (27,000) and humanitarian (70,000) immigrants. 
Section 505 specifies that these worldwide levels are effective 
only through FY 2005, by which time Congress must review and 
reauthorize new legal immigration levels. Furthermore, the 
review and reauthorization process is to take place every five 
years thereafter.
    Under sections 511 and 512, family-sponsored immigrants 
are: (1) spouses and unmarried children under 21 of U.S. 
citizens; (2) spouses and unmarried children under 21 of lawful 
permanent residents; (3) parents of U.S. citizens; and (4) 
dependent adult sons and daughters of U.S. citizens and lawful 
permanent residents, who are under age 26, never-married, and 
childless. Section 518 provides for the admission of disabled 
adult sons and daughters as ``children.'' Section 501 sets an 
approximate annual ceiling for family-sponsored immigrants at 
330,000, allocated as follows: for nuclear family of U.S. 
citizens, no annual limitation; for nuclear family of lawful 
permanent residents, 85,000; for parents of U.S. citizens, 
50,000; and for dependent adult sons and daughters, 10,000. 
Section 553 provides that the current backlog of spouses and 
children of permanent resident aliens is to be reduced by an 
average of 110,000 per year (based on current estimates of the 
backlog) over a five-year period.
    These provisions will give highest priority in the 
immigration system to unification of the nuclear family, and 
shift the emphasis from chain migration of extended families to 
preservation of the nuclear family, which should be a 
cornerstone of our immigration policy. The spouses and minor 
children of U.S. citizens will be admitted without any 
numerical limits. The spouses and children of lawful permanent 
residents will be the first family-preference category, and the 
special backlog reduction provisions in section 553 will ensure 
that the backlog in this category is eliminated. The category 
should then be sufficient to meet current demand.
    Section 512 also requires that the parents of citizens 
being sponsored as immigrants must have insurance to cover 
their health care costs and potential long-term care needs. 
This requirement is imposed because of substantial evidence 
that many immigrant parents come to the U.S. to take advantage 
of welfare benefits for which they have not contributed. The 
number of immigrants receiving Supplemental Security Income 
(SSI) has risen 580 percent during the past twelve years. 
Impoverished immigrant parents also become eligible for 
Medicaid, which provides health care virtually without cost. In 
many cases, sponsoring children abandon financial 
responsibility for their parents just so that they can be 
eligible for these benefits.
    Requiring the purchase of health insurance and long-term 
care insurance will ensure that the children who sponsor their 
parents do not incur obligations that they cannot meet, and 
protect American taxpayers from footing the bill for the health 
care costs of immigrants who have not contributed to the 
system.
    Under section 513, employment-based immigrants are: (1) 
aliens with extraordinary ability (visas not to exceed 15,000); 
(2) aliens who are outstanding professors and researchers, or 
who are multinational executives and managers (visas not to 
exceed 30,000, plus unused visas from category (1)); (3) aliens 
who are professionals with advanced degrees, and aliens of 
exceptional ability (30,000, plus unused visas from previous 
categories); (4) professionals and skilled immigrants, who are 
either professionals with a baccalaureate degree and experience 
or skilled workers with training and work experience (45,000 
visas, plus unused visas from previous categories); (5) 
investor immigrants (10,000 visas), who invest at least $1 
million in a U.S. company that employs at least 10 workers 
(with a pilot program through 1998 allowing for a $500,000 
investment and the hiring of 5 workers); and (6) special 
immigrants (5,000 visas). Section 502 sets the annual limit for 
employment-based immigrants at 135,000.
    Experience requirements are increased for immigrants in 
category (4): skilled workers are required to have 4 years 
experience, and professionals with baccalaureate degrees, 2 
years. (These new requirements refer to the background of the 
alien as of the time the immigrant petition is filed, and not 
to the requirements of the job, which must, as under current 
law, require at least 2 years of training or experience for a 
skilled worker and a baccalaureate degree for a professional 
position.) This experience (in the relevant profession or 
field) can be obtained with the petitioning employer, including 
(but not necessarily) during a period of lawful admission as a 
nonimmigrant worker, such as an H-1B, but cannot be obtained 
during a period of illegal residence in the U.S. The ``national 
interest'' waiver for immigrants in category (3) is also 
reformed, to prevent current abuses in the granting of such 
waivers. The labor certification requirement can be waived for 
category (3) if the alien's particular skills or education are 
uniquely necessary and substantially benefit the national 
interest in several specifically-defined areas, including 
national security, national defense, the provision of health 
care or other services to low income Americans, and the 
development of new technologies.
    Section 514 reforms the diversity immigrant program 
established in the Immigration Act of 1990. The revised program 
will allow admission of 27,000 immigrants each year from a 
maximum of 10 countries designated as ``low admission states'' 
within each of six regions. To be eligible for a diversity 
visa, the alien must have a verified job offer in the U.S., a 
high school education or its equivalent, and a minimum of two 
years experience in an occupation that requires at least two 
years of training. No alien who at the time of application or 
at any time during the previous five years has been illegally 
present in the U.S. is eligible to receive a diversity visa.
    Sections 521 and 524 establish categories for refugees and 
other humanitarian immigrants. The annual level for such 
immigrants is 70,000 (95,000 in 1997), consisting of: refugees, 
50,000 (75,000 in 1997), unless Congress sets a higher number 
by law, or the President declares an emergency; and other 
humanitarian immigrants, 10,000. Section 521 also reforms the 
refugee consultation process by requiring that the annual 
consultations take place by July 1. The refugee provisions in 
section 521 accomplish several important goals. First, they 
ensure the availability of a minimum number of visas sufficient 
to meet the State Department's anticipated demand for refugee 
resettlement. Second, they will involve Congress more directly 
in decisions to set refugee policy, by setting a reasonable 
deadline for the consultation process and requiring legislation 
to raise the refugee target except in emergency situations. 
Third, they preserve flexibility by permitting the President to 
admit additional refugees in the case of an emergency (not 
merely an ``unforeseen'' emergency, as under current law.) 
Section 521 provides that the number of annual refugee 
admissions designated by the President may not exceed 75,000 in 
fiscal year 1997 or 50,000 in any succeeding fiscal year 
thereafter. These levels may be exceeded only if: (1) Congress 
provides by law for a higher number; or (2) the President 
declares the existence of an emergency which requires 
additional refugee admissions. The current requirement that an 
emergency be ``unforeseen'' for the purpose of admitting 
refugees outside of the set limits for a particular fiscal year 
is deleted.
    By deleting the ``unforeseen'' requirement, the President 
will have more flexibility in increasing the refugee numbers 
when circumstances indicate that a true emergency has created 
an immediate need to process and resettle additional refugees. 
This change does not obviate the need for consultation between 
the President and the House and Senate Committees on the 
Judiciary.
    Additionally, this section amends section 207(d)(1) of the 
INA to require the President to report to the House and Senate 
Judiciary Committees by June 1 of the preceding fiscal year on 
the number and allocation of refugee admissions for the 
subsequent fiscal year, and requires the series of discussions 
on this report under subsection (e) to occur by July 1.
    The category for humanitarian visas in section 524 is 
designed to meet the need for a flexible, transparent category 
that will be available for any specific situation in which 
admission of an alien is of special humanitarian concern to the 
United States. This category is specifically intended to 
replace the need for special admission categories tailored to 
special interests, and particularly to end the practice of 
admitting aliens on a permanent basis through grants of parole 
under section 212(d)(5).
    The Attorney General may use this discretionary category, 
for example, to admit specific individuals of humanitarian 
concern to the U.S. who have assisted the government in past 
legitimate military operations. In many cases, these 
individuals do not qualify as refugees and can only come to the 
country if the Attorney General chooses to grant parole on a 
long-term basis. As noted earlier, however, parole was intended 
to be and should be temporary and is not designed to admit 
aliens who do not otherwise qualify for admission to the U.S. 
The humanitarian visa category ensures, therefore, that aliens 
in these types of situations, and others can be admitted to the 
U.S. on a case-by-case basis without improper use of her 
statutorily-prescribed parole authority.
    Section 522 amends the definition of ``refugee'' to extend 
protection to aliens who have been subjected (or have a well-
founded fear of being subjected) to coercive abortion or 
sterilization under a government-sanctioned program of coercive 
family planning, or has been persecuted (or has a well-founded 
fear of being persecuted) for refusal or resistance to such a 
program. There is much confusion about this provision, and this 
should be clarified. The primary intent of section 522 is to 
overturn several decisions of the Board of Immigration Appeals, 
principally Matter of Chang and Matter of G-.106 These 
decisions, which are binding on all immigration judges and INS 
asylum and refugee officers, hold that a person who has been 
compelled to undergo an abortion or sterilization, or has been 
severely punished for refusal to submit to such a procedure, 
cannot be eligible on that basis for refugee or asylee status 
unless the alien was singled out for such treatment on account 
of factors such as religious belief or political opinion.
    \106\ Matter of Chang, Int. Dec. 3107 (BIA, 1989); Matter of G-, 
Int. Dec. 3215 (1993). See also Zheng v. INS, 44 F.3d 379 (5th Cir. 
1995); Chen v. Carroll, 1995 WL 88164 (4th Cir. 1995).
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    The Committee believes that the BIA's rationale for these 
opinions--that policies of coercive family planning are ``laws 
of general application'' motivated by concerns over population 
growth, and thus are not ``persecutory''--is unduly 
restrictive. The BIA opinion effectively precludes from 
protection persons who have been submitted to undeniable and 
grotesque violations of fundamental human rights. As stated by 
First Lady Hilary Clinton in her September 1995 address to the 
U.N. Conference on Women in Beijing, policies of coercive 
family planning violate human rights and must be resisted. 
However, the Administration, which has the authority to 
overrule the BIA decisions through regulation or through 
decision of the Attorney General, has not done so. Nor has it 
offered adequate relief to persons who have undergone such 
coercion.
    In the People's Republic of China, some women with 
``unauthorized'' second or third pregnancies are subjected to 
involuntary abortions, often late in their pregnancies. Both 
men and women who have met their ``quota'' for children may be 
forcibly sterilized. Couples with unauthorized children are 
subjected to excessive fines, and sometimes their homes and 
possessions are destroyed. These measures are carried out by 
government agents, at the regional or local level.
    The United States should not deny protection to persons 
subjected to such treatment. Nor, however, should the U.S. 
grant protection to anyone who presents such a claim. Nothing 
in section 522 is intended to lower the evidentiary burden of 
proof for any alien, no matter how serious the nature of the 
claim. The Committee emphasizes that the burden of proof 
remains on the applicant, as in every other case, to establish 
by credible evidence that he or she has been subject to 
persecution--in this case, to coercive abortion or 
sterilization--or has a well-founded fear of such treatment. 
The Committee is aware that asylum claims based on coercive 
family planning are often made by entire groups of smuggled 
aliens, thus suggesting that at least some of the claims, if 
not the majority, have been ``coached.'' Section 522 is not 
intended to protect persons who have not actually been 
subjected to coercive measures or specifically threatened with 
such measures, but merely speculate that they will be so 
mistreated at some point in the future.
    Determining the credibility of the applicant and whether 
the actual or threatened harm rises to the level of persecution 
is a difficult and complex task, but no more so in the case of 
claims based on coercive family planning than in cases based on 
other factual situations. Asylum officers and immigration 
judges are capable of making such judgments.
    Finally, section 522 limits the number of refugee 
admissions and asylum grants on the basis of coercive family 
planning claims to 1,000 in any given fiscal year.
    Section 523 restricts the use of parole authority to allow 
aliens to enter the U.S. to specific reasons that are strictly 
in the public interest or are matters of urgent humanitarian 
concern, such as for the prosecution of an alien, to obtain an 
alien's testimony in a criminal proceeding, or to permit an 
alien to visit a dying relative. This section is intended to 
end the use of parole authority to create an ad hoc immigration 
policy or to supplement current immigration categories without 
Congressional approval. Section 524, establishing a category 
for humanitarian immigrants, is intended to allow the admission 
of immigrants that may currently be admitted through improper 
application of the parole authority, but to place such 
admissions within the overall immigration ceilings established 
by Congress.
    Section 531 reforms the asylum process, requiring that 
applications be filed within 30 days of arrival in the U.S., 
unless circumstances in the alien's home country or in the 
alien's personal circumstances that relate to the alien's 
eligibility for asylum have fundamentally changed. This section 
also provides that an application not be accepted if the alien 
may be removed to a safe third country in which the alien would 
have access to a fair asylum process, unless the Attorney 
General finds that it is in the public interest for the alien 
to receive asylum in the United States, and that asylum 
applications be adjudicated on a specific timetable that will 
result in completion of most cases within 6 months of filing.
    This report has previously discussed the need for such 
measures to supplement the administrative reforms of the asylum 
process that were effective in January 1995. This section is 
intended to build upon the success of such provisions in 
streamlining the asylum process, while ensuring that no alien 
will be returned to persecution.
    There has been some question whether the imposition of a 
time deadline for filing an asylum application will close off 
from protection those aliens who miss the deadline. Section 531 
includes an exception from the deadline in cases where there 
are fundamentally changed circumstances affecting eligibility 
for asylum. In cases where this exception does not apply, and 
the alien would be subject to persecution if returned to his or 
her home country, the Committee recognizes that some provision 
for protection must be made.
    Even in its present form, however, H.R. 2202 does not 
require the deportation of an alien to a place where he would 
face persecution. The alien may designate any country for 
deportation, and deportation to such country is contingent upon 
acceptance of the alien by that country. Otherwise-qualified 
applicants who have missed the deadline may be eligible for a 
humanitarian visa, as established in section 524. This, the 
Committee believes, could be applied by the Attorney General to 
satisfy any international obligations of the U.S. regarding the 
protection of those who would be subject to persecution if 
returned to their homelands.
    Finally, the Committee believes that the interest in filing 
a timely application supersedes the interest in filing a 
comprehensive application. The Committee is aware that current 
INS regulations require a relatively long and detailed 
application for asylum. While it may be important for an 
applicant to be able to commit the details of his or her case 
to writing prior to an interview with an asylum officer, it is 
more important that the case be commenced as soon as possible 
after the alien's arrival in the U.S. Thus, the Committee 
encourages the INS to adopt a simpler form of application for 
asylum, with generous allowance for amendment. Furthermore, the 
INS should take affirmative steps to notify the public of the 
30-day filing requirement.

           Title VI--Eligibility for Benefits and Sponsorship

    This title is designed to continue the long-standing 
principle in U.S. immigration policy that immigrants be self-
reliant and not depend on the American taxpayer for financial 
support. Current eligibility rules, unenforceable financial 
support agreements, and poorly-defined public charge provisions 
have undermined the tradition of self-sufficiency among the 
immigrant community. As a result, the cost to the American 
taxpayer of providing public benefits to immigrants has been in 
the tens of billions of dollars every year. Title VI specifies 
that illegal aliens are not eligible for most public benefits, 
makes enforceable the grounds for denying entry or removing 
aliens who are or are likely to become public charges, and 
makes those who agree to sponsor immigrants legally responsible 
to support them.
    Section 601 makes illegal aliens ineligible for means-
tested public benefits and government contracts. Federal 
agencies must require that applicants show one of six documents 
to prove eligibility to receive benefits, and State agencies 
are authorized to require documentation of eligibility to 
receive benefits. This section also requires verification of 
citizenship or legal resident status for the receipt of any 
Federal student financial assistance.
    Section 621 strengthens the grounds for inadmissibility as 
a public charge by stating that a family-sponsored immigrant or 
a nonimmigrant is inadmissible if the alien cannot demonstrate 
that the alien's age, health, family status, education, skills, 
affidavit of support, or a combination thereof make it unlikely 
that the alien will become a public charge. An employment-based 
immigrant, other than an immigrant of extraordinary ability, is 
inadmissible unless the immigrant has employment at the time of 
immigration. An employment-sponsored immigrant working in a 
business owned by a member of his family must obtain a 
affidavit of support.
    Section 622 strengthens the grounds for removal as a public 
charge by extending the time period within which such removal 
may occur to seven years from the date of admission, provided 
the alien's public charge status stems from causes arising 
before admission. An alien is considered to be a public charge 
if the alien receives benefits under Supplemental Security 
Income, Aid to Families with Dependent Children, Medicaid, Food 
Stamps, State general assistance or Federal Housing Assistance 
for an aggregate of twelve months within the seven-year period. 
More flexible standards are established for battered spouses 
and children.
     Section 631 specifies that a sponsor's income and 
resources are available to the sponsored alien for the purpose 
of qualifying for public benefits. A legally binding affidavit 
of support is created for those who wish to sponsor immigrants 
into the U.S. The length of time for deeming income and for 
which the sponsorship contract is enforceable is as follows: 
for parents of U.S. citizens, through the time the parent 
becomes a citizen; for spouses of U.S. citizens and lawful 
permanent residents, until the earlier of seven years after the 
date the spouse becomes a permanent resident or the date the 
spouse becomes a citizen; and for minor children, until the 
child reaches 21 years of age. The deeming period may end 
earlier if the alien works long enough to qualify for social 
security retirement income.
    Section 632 requires that a sponsor must be the individual 
who is petitioning for the alien's admission (or an individual 
who accepts joint and several liability with the petitioner 
under the affidavit of sponsorship); be a U.S. citizen or 
permanent resident; be at least 18 years old; live in the U.S.; 
and demonstrate the means to maintain an annual income equal to 
at least 200 percent of the poverty level (unless the sponsor 
is on active-duty status in the U.S. military, in which case 
the requirement is 100 percent) for the individual and the 
sponsored alien. Certain provisions also were modified to 
provide greater flexibility to grant benefits to battered 
spouses and children.

                 Title VII--Facilitation of Legal Entry

    Immigration reform not only must address the challenges of 
illegal and legal immigration, but also must ensure that U.S. 
ports of entry are capable of receiving the hundreds of 
millions of foreign visitors who seek legitimate entry into our 
country each year. Enhancing our enforcement capability at 
land, air, and sea ports must go hand in hand with improving 
the service functions at such ports. This is important first 
because of the economic benefits brought to this country by 
international commerce and travel, and second because smooth 
functioning of our ports will enable enforcement resources to 
be strategically deployed in order to maximize the prevention 
of unauthorized entries into the U.S. In addition, curbing the 
number of people who attempt to enter on fraudulent documents 
should enable further streamlining of procedures for legitimate 
travellers.
    Section 701 requires an increase in both INS and Customs 
Service inspectors at land borders sufficient to ensure full 
staffing at peak crossing hours in all travel lanes, and that 
inspectors be deployed to areas with the greatest need. Section 
702 authorizes further expansion of the commuter lane pilot 
programs now being operated successfully at several land border 
crossing points. These programs permit frequent crossers who 
meet eligibility criteria to travel through express lanes that 
verify identity through scanners and other advanced technology. 
Special care must be taken to thoroughly screen applicants for 
special programs (such as commuter lane pilot programs and 
border crossing cards) allowing, ultimately, freer border 
crossings. Once an alien is granted this special treatment, 
further monitoring for abuse of the special benefits is 
difficult.
    Section 703 adds to the INA a new section 235A, mandating 
the operation of pre-inspection stations at 5 of the 10 foreign 
airports having the greatest number of departures for the U.S. 
The Committee believes that pre-inspection services should, to 
the greatest extent possible, result in the clearance of all 
passengers permitted to board to be admitted to the U.S. The 
converse, of course, is that passengers refused permission to 
board, on the ground that they do not have valid documents to 
be admitted or are otherwise inadmissible, will be prevented 
from even reaching a U.S. port of entry, thus reducing the 
burden on INS inspection facilities and the likelihood that 
unauthorized aliens will enter the U.S. The Committee 
encourages the INS to work closely with the Customs Service and 
the Department of State in the planning and operation of such 
pre-inspection stations, particularly in seeing to it that the 
stations have access to all relevant information in government 
databases regarding persons applying for admission to the U.S.
    Section 704, which requires the INS to expend funds from 
the Immigration User Fee Account to train airline personnel in 
the detection of fraudulent documents, and imposes sanctions 
upon airlines for failure to comply with regulations regarding 
the detection of such documents, is intended to provide air 
carriers with the means and the incentive to cooperate with the 
U.S. government in ensuring that only persons with legitimate 
admission documents are permitted to board aircraft bound for 
the U.S.
    The Committee is concerned that disputes between air 
carriers and the INS regarding the treatment of certain small 
classes of illegal aliens may have led to a less than 
cooperative approach on the urgent goal of preventing the 
boarding of international passengers with no right to be 
admitted to the U.S. Communications from the INS and the air 
carriers during the course of the Committee's considerations of 
this bill confirm this impression. The mandates contained in 
this section are equitable, requiring the government and the 
carriers to fully bear their respective responsibilities on 
this issue. The Committee believes that optimum implementation 
of these mandates will occur only through a spirit of 
cooperation greater than that displayed in recent years. These 
mandates are clear: the INS must issue regulations within 90 
days of enactment of this legislation, and must provide 
substantial funds for the training of personnel. The carriers 
must in turn comply with these regulations, at the risk of 
losing their right to transport aliens to the U.S.

                Title VIII--Skilled Nonimmigrants (H-1B)

    Section 806 is designed to end the abuses which have 
recently plagued the H-1B program while providing regulatory 
relief for employers who do not abuse the program. Section 806 
requires an employer to attest that it will not fire and 
replace an American worker with an H-1B alien unless the 
company is willing to pay the H-1B 110 percent of what the 
fired American was making. The time period in which an employer 
is subject to this requirement is consistent with the United 
States' international obligations under the General Agreement 
on Trade in Services. This provision is intended to curtail any 
possible incentive which may exist currently for employers to 
lay off Americans because of the lure of cheap foreign labor. 
If an employer is willing to pay an H-1B a premium wage, then 
this is evidence that the H-1B is being recruited for reasons 
of superior skills.
    In addition, penalties for violations of the H-1B 
provisions will be enhanced to provide an additional 
disincentive to abuse. Among the changes, maximum civil fines 
are increased fivefold and the period in which a company cannot 
get visa petitions approved for foreign workers can be extended 
to a permanent ban.
    The employers most prone to abuse are ``H-1B dependent 
employers''--a significant percentage of whose work forces are 
composed of H-1Bs. The H-1B program is designed to ameliorate 
temporary shortages of specialized skills in the American work 
force. While it is conceivable that a company would need to 
stock its workforce predominantly with H-1Bs because of such 
shortages, this is unlikely. In many cases, the fact that firms 
are H-1B dependent cannot be attributed to any domestic skills 
shortage. It is evident that large pools of H-1Bs are being 
created to do precisely the work of--and often to replace--
widely available American workers, presumably for cost-saving 
reasons. American workers can be replaced through direct hiring 
of H-1Bs, through utilization of a job contractor that is 
itself largely composed of H-1Bs, or through subcontracting 
work to a firm largely composed of H-1Bs.
    There is nothing inherently wrong with a firm relying on 
subcontracting or outsourcing, i.e., having another company 
produce a product or provide a service which it used to produce 
or provide on its own. Such reliance can generate great 
efficiencies. However, this practice is suspect when it is 
accomplished through the utilization of an H-1B dependent firm. 
Extensive reliance on foreign labor for cost savings alone (and 
not to provide needed, hard-to-find skills) is not in the 
nation's best interests.
    Neither is job contracting inherently wrong. There exist 
many job contractors which perform valuable services for the 
economy and do not rely inordinately on H-1B aliens. However, 
H-1B dependent job contractors are suspect. The service they 
provide is often access to a pool of cut rate foreign labor. In 
addition, the employer-job contractor relationship is one which 
can defeat the protection of the H-1B attestation system. As 
discussed earlier, the complaint-driven system relies on notice 
to impacted employees. When a job contractor places workers at 
another firm, it is imperative that the workers at the other 
firm are given notice.
    Section 806 provides regulatory relief to firms which are 
non-H-1B dependent, while maintaining strict regulatory 
standards for H-1B dependent employers. Certain of the January 
1995 Department of Labor regulations, described in an earlier 
section of this report, do have beneficial effects. However, 
the Committee believes that the good which the regulations do 
is outweighed by the burden they place on non-H-1B dependent 
employers. Therefore, the regulations are kept effective only 
as to H-1B dependent employers.
    Except for the smallest employers, the bill sets the 
percentage test for H-1B dependence at 15 or 20 percent 
(depending on the size of the firm), which ensures that 
mainstream, legitimate users of H-1Bs are classified as non-
dependent. About ten percent of the instructional faculties of 
major universities are composed of H-1Bs. About one percent of 
the workforces at major computer corporations are so composed.
    The bill recognizes, however, that certain employers have 
become dependent on H-1B aliens not out of an abusive intent, 
but because they had legitimate business reasons and there 
never was any prohibition or penalty for doing such. Therefore, 
the bill provides employers which are H-1B dependent a 
transition period (lasting until five years after enactment) 
during which they will be accorded probationary status as non-
H-1B dependent employers if they utilize a pre-approved plan 
and systematically reduce, to the satisfaction of the Secretary 
of Labor, their reliance on H-1B aliens.
    The regulatory relief provided to non-H-1B dependent 
employers is as follows:
    (1) A non-H-1B dependent employer does not have to post 
notice at worksites visited by an H-1B alien which are in the 
area of employment listed on the labor condition application 
(LCA) but not themselves listed. As discussed previously, the 
regulation has an important goal, especially in the context of 
job contractors. But the Committee believes that only with 
those employers where the potential for abuse is greatest--H-1B 
dependent employers--is the burden justified.
    (2) A non-H-1B dependent employer is not required to file 
additional LCAs when sending H-1B aliens to areas of employment 
not listed in their initial LCAs, so long as the H-1Bs' 
principal places of employment have not changed to non-listed 
areas. Again, this regulation has an important purpose, but 
because of its burden, it is best reserved for H-1B dependent 
employers, where the potential for abuse is greatest.
    (3) A non-H-1B dependent employer does not have to pay per 
diem and transportation costs at any specified rates when 
sending H-1Bs to areas of employment not listed in their labor 
condition applications.
    (4) The Secretary of Labor can conduct an investigation of 
a non-H-1B dependent employer only after receiving a complaint 
filed by an aggrieved party outside of the Department of Labor. 
Self-directed investigations will prove to be a better use of 
limited investigatory resources when focused on those employers 
where the potential for abuse is highest.
    Additionally, no employer shall be required to pay its non-
H-1B workers according to an objective wage scale.
    The bill requires that when an H-1B dependent ``job 
contractor'' (meaning an employer who places an employee with 
another employer where the employee performs duties at 
worksites owned, operated, or controlled by the other employer 
and there are indicia of an employment relationship between the 
employee and the other employer) places an H-1B alien at 
another firm, it attest that either the other firm has executed 
an attestation stating that the other firm has not and will not 
lay off an American employee and replace him or her with an H-
1B alien for the time periods specified in the General 
Agreement on Trade in Services, or the job contractor will pay 
the H-1B at 110 percent of the level of the laid off employee. 
The other employer will be subject to the section 212(n)(2) 
penalties for violating its attestation. This provision is 
designed to make sure that employers do not evade the no-layoff 
provision by simply firing American workers and replacing them 
with H-1Bs who are technically employees of job contractors. 
Some businesses may likely refuse to sign such an attestation 
with potentially severe legal consequences for noncompliance 
just for the privilege of doing business with a job contractor. 
It is for this reason that the additional attestation is only 
required with an H-1B dependent job contractor, where the 
provision, in this limited form, is necessary to prevent 
wholesale abuse.
    Under current regulations, a safe harbor (i.e., protection 
from liability) exists for prevailing wage determinations made 
by a State Employment Security Agency:

          In all situations where the employer obtains the 
        prevailing wage determination from the SESA, the 
        Department will accept that prevailing wage 
        determination as correct and will not question its 
        validity where the employer has maintained a copy of 
        the SESA prevailing wage determination. A complaint 
        alleging inaccuracy of a SESA prevailing wage 
        determination, in such cases, will not be 
        investigated.107
    \107\ 70 CFR 655.731(a)(2)(iii)(A)(3) (1995).

    If a complaint is filed and the employer has relied upon a 
non-SESA source to determine the prevailing wage, the Labor 
Department may find that an incorrect determination was made 
and that penalties and back wages may be assessed against the 
employer.108 Given the long delays sometimes associated 
with obtaining SESA determinations and the high quality of many 
alternative sources of prevailing wage data, the Committee 
finds it appropriate to enlarge the current safe harbor. 
Section 806 provides that if the Secretary of Labor does not 
issue a written rejection of an alternate source prevailing 
wage determination submitted by an employer within 45 days, 
then that wage shall be deemed to satisfy the requirement of 
section 212(n)(1)(A)(i)(II) of the Immigration and Nationality 
Act. The safe harbor will have an effect identical to that of 
the quoted language above.
    \108\ 20 CFR 655.731(d) (1995).
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    Similarly, the bill provides protection from liability for 
employers in determining the actual wage paid to workers 
similarly employed as the H-1B alien. Certain large employers 
who have regularized compensation systems certified by the 
Secretary of Labor will be presumed to be paying the actual 
wage (assuming it is higher than the prevailing wage) to H-1Bs 
if they pay the H-1Bs in accordance with such systems. This 
provision allows employers with sophisticated pay systems 
relief from constructing artificial ``actual'' wages to the 
Secretary of Labor's satisfaction for the sake of compliance 
with the H-1B regulations.
    Last, section 806 partially overturns the Department of 
Labor Board of Alien Labor Certification Appeals' decision in 
Hathaway Children's Services.109 In Hathaway, BALCA ruled 
that in determining whether a non-profit organization or other 
entity having ``special circumstances'' was offering the 
prevailing wage to a prospective employment-based immigrant 
(and presumably for H-1Bs), the Department of Labor must look 
to the wage levels for jobs in the overall job market. Hathaway 
itself reversed BALCA's ruling in Tuskegee University, 110 
which stated that ``it is not only the job titles, but the 
nature of the business or institution where the jobs are 
located--for example, public or private, secular or religious, 
profit or non-profit, multi-national corporation or individual 
proprietorship--which must be evaluated in determining whether 
the jobs are `substantially comparable' '' 111 for 
purposes of determining the prevailing wage.
    \109\ 91-INA-388 (1994).
    \110\ 5 Bender's Immigr. L. and Proc. Rep. B3-172 (87-INA-561, 
1988).
    \111\ Id. at B3-176.
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    Were Hathaway to stand, the Committee believes it would 
have a severely detrimental impact on our research universities 
and institutions, which must obtain H-1B visas for temporary 
workers or labor certification for permanent immigrants to 
place foreign researchers and post-doctoral students in their 
research labs. University researchers, foreign or American, 
typically work for much less than industry scale. If 
universities were required to pay industry-standard wages for 
these individuals, they would in effect be prevented from 
utilizing foreign scientific talent. Hathaway fails to 
recognize the intangible benefits that one receives from 
working at a university rather than in industry. This benefit 
often makes salary a secondary factor in an employee's decision 
whether to work in academia. Thus, the bill provides that jobs 
at universities and scientific research institutions be only 
compared with jobs at similar entities when determining the 
prevailing wage.

                                Hearings

    The Committee's Subcommittee on Immigration and Claims held 
one day of hearings on H.R. 1915 on June 29, 1995. Testimony 
was received from 19 witnesses, representing 19 organizations, 
with additional material submitted by 5 individuals and 
organizations.

                        Committee Consideration

    On July 20, 1995, the Subcommittee on Immigration and 
Claims met in open session and ordered reported the bill H.R. 
1915, as amended and as a clean bill, by a voice vote, a quorum 
being present. The clean bill was introduced on August 4, 1995, 
as H.R. 2202. On October 24, 1995, the Committee met in open 
session and ordered reported the bill H.R. 2202 with an 
amendment by a recorded vote of 23 to 10, a quorum being 
present.

                         Vote of the Committee

Voice votes

    Sixty-four amendments were adopted by a voice vote. These 
were: (1) An amendment by Mr. Smith of Texas to extend the 
effective date for new border crossing card requirements; (2) 
an amendment by Mr. Canady to provide specific penalties for 
making false claims of citizenship when registering to vote or 
voting; (3A) an amendment by Mr. Goodlatte to strike section 
212(i) of the Immigration and Nationality Act, thus eliminating 
waivers of exclusion for aliens who have previously committed 
misrepresentations to immigration officials; (3B) an amendment 
by Mr. Berman to restore a modified version of the waiver under 
section 212(i) of the INA; (4) an amendment by Mr. Berman to 
provide an exception for aliens with work authorization and an 
exception for aliens under family unity protection to the 10 
year bar on admission for aliens residing illegally in the 
United States for greater than 1 year; (5) an amendment by Mr. 
Smith of Texas to extend expedited removal procedures to aliens 
interdicted at sea and brought to the United States; (6) an 
amendment by Mr. Smith of Texas to preclude any private right 
of action arising out of mandates imposed on government 
officials under section 305; (7) an amendment by Mr. Smith of 
Texas to specify procedures for the detention and removal of 
stowaways; (8) an amendment by Mr. Smith of Texas to provide 
that a stowaway's application for asylum shall be considered 
under procedures for expedited removal; (9) an amendment by Mr. 
Bryant of Tennessee to the definition of a stowaway; (10) an 
amendment by Mr. Bryant of Tennessee to strike increased 
penalties on airlines; (11) an amendment by Mr. McCollum to the 
definition of immigration judge and to specify compensation for 
immigration judges; (12) an amendment by Mr. Gallegly to strike 
amended requirements regarding transit without visa aliens; 
(13) an amendment by Mr. Gallegly to extend federal 
reimbursement of state expenses for incarceration to cases 
involving aliens with two or more misdemeanor convictions, and 
to include certain pre-trial detention; (14) an amendment by 
Mr. Smith of Texas to exempt alien women and children who have 
been battered or subject to extreme cruelty from being 
inadmissible to the United States on the ground that they are 
present without being lawfully admitted; (15) an amendment by 
Mrs. Schroeder to protect the confidentiality of claims for 
relief by a person who has been battered or subject to extreme 
cruelty, and to prevent the use of information provided solely 
by an abusive spouse or family member to make a determination 
of admissibility or deportability; (16) an amendment by Mr. 
Goodlatte to state that a returning lawful permanent resident 
shall be regarded as applying for admission if the alien 
attempts to enter the United States at a time or place other 
than as designated by an immigration officer or has not been 
admitted after inspection and authorization by an immigration 
officer; (17) an amendment by Mr. Goodlatte to state that, for 
purposes of the 10-year exclusion for aliens who have been 
unlawfully present for more than one year, no time in which an 
alien is under the age of 18 (original text specified age 21) 
shall be taken into account in determining the period of 
unlawful presence; (18) an amendment by Mr. Gallegly to provide 
that prisoner transfer treaties shall allow the Federal 
Government and States to keep original prison sentences in 
force in the event that transferred prisoners return to the 
United States prior to the completion of their prison terms; to 
provide that independent verification shall include the length 
of time a transferred alien is actually incarcerated in the 
foreign country; and to require that upon the request of a 
governor, the INS shall assist State courts in identifying 
aliens unlawfully present in the United States pending criminal 
prosecution; (19) an amendment by Mr. Frank to provide for 
judicial review of a determination that an alien is a 
representative of a terrorist organization; (20) an amendment 
by Mr. Berman to strike the requirement that an alien have been 
lawfully admitted to the United States to be eligible for 
cancellation of removal; to provide, for purposes of meeting 
the seven-year continuous physical presence requirement for 
cancellation of removal, that an alien who has departed the 
United States for 180 days shall not be considered to have 
broken continuous physical presence if the Attorney General 
finds that return could not be accomplished due to emergent 
reasons; to provide that the provisions regarding calculation 
of continuous physical presence shall apply only to notices to 
appear for a deportation or removal proceeding filed after the 
date of enactment; and to limit to 4,000 in each year the 
number of aliens granted cancellation of removal; (21) an 
amendment by Mr. Hyde to provide that the amendments reducing 
the number of documents that may be presented by employees to 
establish identity and eligibility for employment shall take 
effect on a date designated by the Attorney General not later 
than 18 months after the date of enactment; (22) an amendment 
offered by Mr. Goodlatte to exempt from civil or criminal 
liability the action of any person taken in good faith reliance 
on information provided through the employment eligibility 
confirmation mechanism; (23) an amendment by Mr. Barr, with a 
perfecting amendment by Mr. Goodlatte, to state that the 
confirmation mechanism shall confirm whether an individual has 
presented a social security account number or an alien 
identification number that is not valid for employment; (24) an 
amendment by Mr. Goodlatte to change from 2 days to 3 days 
after date of employment the period within which an employer 
must make an inquiry into the confirmation mechanism; (25) an 
en bloc amendment by Mr. Goodlatte to make a conforming change 
to require that the employer inquire into the confirmation 
mechanism within 3 days of employment; to provide that 
operation of the confirmation mechanism may be carried out by a 
nongovernmental entity designated by the Attorney General; to 
require that the confirmation mechanism be designed to maximize 
reliability and ease of use, to respond to all inquiries and to 
register when such response is not possible; to provide that if 
an employer attempts to make an inquiry within the required 3 
days of employment and the confirmation mechanism has 
registered that not all inquiries were responded to during that 
time, the employer can meet requirements for making such 
inquiries and qualify for the defense from liability extended 
to those who use the confirmation mechanism, if the employer 
makes the inquiry on the first subsequent working day in which 
the confirmation mechanism registers no nonresponses; to 
provide that the confirmation mechanism shall provide a 
confirmation or tentative nonconfirmation of an individual's 
employment eligibility within 3 days of the initial inquiry and 
that in the case of a tentative nonconfirmation, the Attorney 
General, in consultation with the Commissioner of Social 
Security and the Commissioner of the INS, shall provide an 
expedited time period, not more than 10 days, within which 
final confirmation or nonconfirmation must be provided; to 
require that within 180 days of enactment, the Attorney General 
shall issue regulations providing for the electronic storage of 
I-9 forms; to conform to current law the bill's references to 
``hiring'' and ``employment'' by adding references to 
recruitment and referral for employment; (26) an amendment by 
Mr. Hoke, with an amendment by Mr. Becerra and a perfecting 
amendment by Mr. Hyde, to implement the confirmation mechanism 
as a series of pilot projects in 5 of the 7 States with the 
highest estimated population of unauthorized aliens, to 
terminate not later than October 1, 1999, and to require the 
Attorney General to submit annual reports on the pilot projects 
which may include analysis of whether the mechanism is reliable 
and easy to use, limits job losses due to inaccurate data, 
increases or decreases discrimination, protects individual 
privacy, and burdens employers; (27) an amendment by Mr. 
Goodlatte to state that an employer's request for more or 
different documents than are required under section 274A(b) of 
the INA shall constitute an unfair immigration-related 
employment practice if done for the purpose of discriminating; 
(28) an amendment by Mr. Hyde to create a new second 
employment-based immigration preference for outstanding 
professors and researchers and multinational executives and 
managers; (29) an amendment by Mr. Hyde to provide a waiver 
from the requirement for labor certification for certain aliens 
who are members of the professions holding advanced degrees or 
aliens of exceptional ability if such waiver is necessary to 
advance the national interest in one of several specific areas; 
(30) an amendment by Mr. Hyde to strike the requirement that at 
least 50 percent of an immigrant's sons and daughters are 
lawful permanent residents or citizens residing in the United 
States in order for the immigrant to be admitted as the parent 
of a United States citizen; (31) an amendment by Mr. Gekas, 
with an amendment by Mr. Smith of Texas which was adopted on a 
roll call vote, to create a category for the admission as 
immigrants of the adult sons and daughters of United States 
citizens and lawful permanent residents if such immigrants are 
under age 26, never-married, childless, and considered as 
dependents for Federal income tax purposes, and to set 
numerical limits for the admission of such immigrants; (32) an 
amendment by Mr. Gekas, with an amendment by Mr. Smith of Texas 
which was adopted on a roll call vote, to change the experience 
requirements for immigrants admitted as professionals and 
skilled workers; an amendment by Ms. Lofgren to provide a 
waiver of the 10-year exclusion for aliens unlawfully present 
if the Attorney General determined that such waiver is 
necessary to substantially benefit the national interest in one 
of several specified areas; (33) an amendment by Mr. Gallegly 
to provide that work experience obtained while an alien is 
unauthorized to work in the United States shall not count to 
meet the experience requirements for immigrants admitted as 
professionals and skilled workers; (34) an amendment by Mr. 
Smith of Texas to provide for the admission as immigrants of 
certain adult disabled children of United States nationals and 
lawful permanent residents; (35) an amendment by Mr. Hyde to 
extend refugee protection to aliens who have resisted 
implementation of coercive population control measures; (36) an 
amendment by Mr. Smith of Texas to establish that not less than 
25,000 immigrant visas will be available for the parents of 
United States citizens; (37) an amendment by Mr. McCollum to 
strike provisions for the adjustment of visa numbers for 
professionals and skilled workers to offset excess family 
admissions; (38) an amendment by Mr. McCollum to change 
deadlines for the filing of asylum applications, and to make 
other reforms to the asylum process, with an amendment by Mr. 
Frank adopted by a roll call vote to the provision for return 
of an alien to a safe third country; (39) an amendment by Mr. 
Schiff, with a substitute amendment by Mr. Hyde, to establish 
deadlines for the refugee consultation process; (40) an 
amendment by Mr. Bryant of Tennessee to permit the use of 
parole authority for the prosecution of aliens in U.S. courts; 
(41) an en bloc amendment by Mr. Smith of Texas to exempt 
family violence services from the prohibition on receipt of 
public benefits by illegal aliens and to, in the case of an 
alien battered or subject to extreme cruelty by a spouse or 
parent (or, under certain conditions, another family member 
residing in the household); exempt the alien from the 
prohibition on receipt of public benefits if the alien has 
applied for a change in immigration status within 45 days of 
the first application for such public benefits; lengthen to 48 
months the period of receipt of public benefits which would 
render the alien deportable as a public charge; modify the 
rules for attribution of a sponsor's income to the alien; 
exempt the alien from the requirement that public benefits paid 
to the alien be reimbursed prior to naturalization of the alien 
in the event that the battery or cruelty resulted in issuance 
of a judicial or administrative order and the need for the 
public benefits had a substantial nexus to the battery or 
cruelty; (42) an amendment by Mr. Smith of Texas to exempt 
school lunch and child nutrition benefits from the prohibition 
on receipt of public benefits by illegal aliens; (43) an 
amendment by Mr. Smith of Texas to provide that active-duty 
military personnel, in order to qualify as sponsors, must 
maintain an income at 100 percent of the poverty level; (44) an 
amendment by Mr. Smith of Texas to remove social services block 
grants from the list of public benefits receipt of which can be 
used to establish that an alien is a public charge; (45) an en 
bloc amendment by Mr. Smith of Texas to provisions regarding 
the protection of American workers from displacement through 
the H-1B nonimmigrant program, and other conforming changes; 
(46) an amendment by Mrs. Schroeder to require notification to 
arriving aliens from certain countries regarding female genital 
mutilation; (47) an amendment by Mr. McCollum offered to 
require immigrants to submit proof of vaccination against 
specified diseases; (48) an amendment by Mr. Gallegly to 
provide that reimbursement to hospitals for emergency medical 
services may be made for such services provided through a 
contract with another hospital or facility; (49) an amendment 
by Mr. Gallegly to require that the pilot project for linking 
vital statistics records in certain States be implemented 
within two years of the date of enactment; (50) an amendment by 
Mr. Gallegly to require verification of student eligibility for 
post-secondary federal student financial assistance; (51) an 
amendment by Mr. Gallegly, with an amendment by Mr. Hyde, 
regarding communication between State and local government 
agencies and the INS; (52) an amendment by Mr. Smith of Texas 
to exempt from limitations on adjustment of status an alien who 
has reasonable grounds to fear that he or she will be subject 
to battery or extreme cruelty if he or she departs from the 
United States; (53) an amendment by Mr. Reed to require that 
prior to the construction of new detention facilities for 
aliens, that the Commissioner of the INS consider the 
availability for purchase or lease of existing facilities; (54) 
an amendment by Ms. Lofgren to provide that an alien whose 
status is changed under section 248 of the INA may obtain a 
visa without departing from the United States; (55) an 
amendment by Mr. Nadler to provide that an illegal alien may 
receive emergency relief not limited to disaster relief; (56) 
an amendment by Mr. Reed to designate Portugal as a country 
eligible for the visa waiver pilot program; (57) an amendment 
by Mr. Berman to strike the limitation on adjustment of status 
under section 245(i) of the INA and increase the charge for 
adjustment of status to $2,500; (58) an amendment by Mr. 
Becerra, with an amendment by Mr. Smith of Texas adopted by a 
voice vote, to provide reimbursement, subject to available 
appropriations, of fees paid by petitioners for eliminated 
family-sponsored categories; (59) an amendment by Mr. Berman 
regarding the confidentiality of the files of legalization 
applicants; (60) an en bloc amendment by Mr. Goodlatte to amend 
requirements on the hiring of H-1B nonimmigrants by removing 
the expanded 30-day period to approve a labor condition 
application for an H-1B-dependent employer; increasing the 
penalties for not fulfilling H-1B attestations; clarifying that 
firing an employee for poor performance does not violate the 
no-layoff provisions; establishing criteria for the 
determination of prevailing wages; and making other changes; 
(61) an amendment by Mr. Berman to extend civil penalties for 
document fraud to unauthorized preparers of forms, petitions, 
or applications; (62) an amendment by Mr. Frank to allow relief 
under the Federal Tort Claims Act for persons wrongly denied 
employment through operation of the employment eligibility 
verification mechanism; (63) an amendment by Mr. Berman to 
permit execution of an affidavit of support for an immigrant by 
an individual who will accept joint and several liability with 
the petitioner for the immigrant; (64) an amendment by Mr. 
Frank to establish criteria under which an employer may request 
additional employment eligibility documents from an employee.

Recorded votes

    There were forty recorded votes (thirty-nine on amendments 
and one on final passage) during the Committee's consideration 
of H.R. 2202, as follows:
    1. Amendment offered by Mr. Watt to strike the provisions 
regarding construction of fencing in the border area near San 
Diego. Defeated 11-17.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mrs. Schroeder                      Mr. Moorhead
Mr. Berman                          Mr. Sensenbrenner
Mr. Reed                            Mr. Coble
Mr. Nadler                          Mr. Smith (TX)
Mr. Scott                           Mr. Schiff
Mr. Watt                            Mr. Gallegly
Mr. Becerra                         Mr. Canady
Mr. Serrano                         Mr. Inglis
Ms. Lofgren                         Mr. Goodlatte
Ms. Jackson Lee                     Mr. Hoke
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Barr
                                    Mr. Bryant (TX)

    2. Amendment offered by Mr. Becerra to strike the 10-year 
re-admission bar for aliens who have been present unlawfully in 
the U.S. for more than one year. Defeated 13-19.
        AYES                          NAYS
  Mr. Conyers                       Mr. Hyde
  Mrs. Schroeder                    Mr. Moorhead
  Mr. Berman                        Mr. Sensenbrenner
  Mr. Boucher                       Mr. McCollum
  Mr. Bryant (TX)                   Mr. Coble
  Mr. Reed                          Mr. Smith (TX)
  Mr. Nadler                        Mr. Schiff
  Mr. Scott                         Mr. Gallegly
  Mr. Watt                          Mr. Canady
  Mr. Becerra                       Mr. Inglis
  Mr. Serrano                       Mr. Goodlatte
  Ms. Lofgren                       Mr. Buyer
  Ms. Jackson Lee                   Mr. Hoke
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr

    3. Amendment offered by Mr. Goodlatte to permanently 
exclude aliens from readmission into the U.S. if convicted of 
an aggravated felony. Adopted 14-8.\112\
    \112\ Ms. Jackson Lee stated for record that, had she been present, 
she would have voted ``nay'' on this amendment.

        AYES                          NAYS
Mr. Hyde                            Mr. Bono
Mr. Moorhead                        Mr. Conyers
Mr. Sensenbrenner                   Mrs. Schroeder
Mr. McCollum                        Mr. Frank
Mr. Coble                           Mr. Berman
Mr. Smith (TX)                      Mr. Nadler
Mr. Schiff                          Mr. Scott
Mr. Gallegly                        Mr. Watt
Mr. Canady
Mr. Goodlatte
Mr. Heineman
Mr. Bryant (TN)
Mr. Chabot
Mr. Reed

    4. Amendment offered by Mr. Watt to strike the provisions 
regarding the introduction of electronic surveillance 
information in special proceedings to remove an alien terrorist 
from the U.S. Defeated 10-16.\113\
    \113\ Ms. Jackson Lee stated for record that, had she been present, 
she would have voted ``aye'' on this amendment.

        AYES                          NAYS
Mr. Bono                            Mr. Hyde
Mr. Conyers                         Mr. Sensenbrenner
Mrs. Schroeder                      Mr. McCollum
Mr. Frank                           Mr. Gekas
Mr. Berman                          Mr. Coble
Mr. Nadler                          Mr. Smith (TX)
Mr. Scott                           Mr. Schiff
Mr. Watt                            Mr. Gallegly
Mr. Serrano                         Mr. Canady
Ms. Lofgren                         Mr. Inglis
                                    Mr. Goodlatte
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Boucher
                                    Mr. Reed

    5. Amendment offered by Mr. Nadler to limit the 
introduction of classified information in special proceedings 
for the removal of alien terrorists. Defeated 11-18.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mr. Frank                           Mr. Moorhead
Mr. Berman                          Mr. McCollum
Mr. Reed                            Mr. Coble
Mr. Nadler                          Mr. Smith (TX)
Mr. Scott                           Mr. Gallegly
Mr. Watt                            Mr. Canady
Mr. Becerra                         Mr. Inglis
Mr. Serrano                         Mr. Buyer
Ms. Lofgren                         Mr. Hoke
Ms. Jackson Lee                     Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mrs. Schroeder
                                    Mr. Schumer

    6. Amendment offered by Mr. Watt to require judicial review 
of an order to exclude an alien under procedures for expedited 
removal, including review of an asylum officer's determination 
that an inadmissible alien does not have a credible fear of 
persecution. Defeated 9-15.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mr. Frank                           Mr. McCollum
Mr. Berman                          Mr. Coble
Mr. Reed                            Mr. Smith (TX)
Mr. Scott                           Mr. Gallegly
Mr. Watt                            Mr. Inglis
Mr. Becerra                         Mr. Buyer
Ms. Lofgren                         Mr. Hoke
Ms. Jackson Lee                     Mr. Bono
                                    Mr. Heineman
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mr. Schumer
                                    Mr. Bryant (TX)

    7. Amendment offered by Mr. Chabot to strike provisions for 
an employment eligibility verification system. Defeated 15-
17.\114\
    \114\ Ms. Jackson Lee stated for record that, had she been present, 
she would have voted ``aye'' on this amendment.

        AYES                          NAYS
Mr. Sensenbrenner                   Mr. Hyde
Mr. Inglis                          Mr. Moorhead
Mr. Buyer                           Mr. McCollum
Mr. Hoke                            Mr. Gekas
Mr. Heineman                        Mr. Coble
Mr. Chabot                          Mr. Smith (TX)
Mr. Flanagan                        Mr. Schiff
Mr. Conyers                         Mr. Gallegly
Mrs. Schroeder                      Mr. Canady
Mr. Reed                            Mr. Goodlatte
Mr. Nadler                          Mr. Bono
Mr. Watt                            Mr. Bryant (TN)
Mr. Becerra                         Mr. Barr
Mr. Serrano                         Mr. Frank
Ms. Lofgren                         Mr. Schumer
                                    Mr. Berman
                                    Mr. Bryant (TX)

    8. Amendment offered by Mr. Berman to expand enforcement 
authority and penalties against labor standards violations. 
Defeated 13-18.
         AYES                         NAYS
Mr. Conyers                         Mr. Hyde
Mrs. Schroeder                       Mr. Moorhead
Mr. Frank                            Mr. Sensenbrenner
Mr. Berman                           Mr. McCollum
Mr. Boucher                          Mr. Gekas
Mr. Bryant (TX)                      Mr. Smith (TX)
Mr. Reed                             Mr. Schiff
Mr. Nadler                           Mr. Gallegly
Mr. Watt                             Mr. Canady
Mr. Becerra                          Mr. Inglis
Mr. Serrano                          Mr. Goodlatte
Ms. Lofgren                          Mr. Hoke
Ms. Jackson Lee                     Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr


    9. Amendment offered by Mr. Barr to exempt employers of 
three or less employees from the requirement to verify 
employment eligibility through the electronic verification 
mechanism. Adopted 16-13.115
    \115\ Ms. Lofgren voted ``present''.

        AYES                          NAYS
Mr. Moorhead                        Mr. Hyde
Mr. Gekas                           Mr. Sensenbrenner
Mr. Smith (TX)                      Mr. McCollum
Mr. Gallegly                        Mr. Schiff
Mr. Canady                          Mr. Goodlatte
Mr. Inglis                          Mr. Hoke
Mr. Bono                            Mr. Bryant (TN)
Mr. Heineman                        Mr. Frank
Mr. Flanagan                        Mr. Schumer
Mr. Barr                            Mr. Berman
Mr. Conyers                         Mr. Watt
Mrs. Schroeder                      Mr. Becerra
Mr. Boucher                         Mr. Serrano
Mr. Reed
Mr. Nadler
Ms. Jackson Lee


    10. A perfecting amendment offered by Mr. Berman to remove 
from the substitute amendment offered by Mr. Smith of Texas to 
the amendment offered by Mr. Gekas the requirement that, in 
order to be eligible for an immigrant visa, the adult unmarried 
sons and daughters be claimed as dependents for Federal Income 
Tax purposes. Defeated 11-17.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mrs. Schroeder                      Mr. Sensenbrenner
Mr. Frank                           Mr. McCollum
Mr. Berman                          Mr. Gekas
Mr. Nadler                          Mr. Coble
Mr. Scott                           Mr. Smith (TX)
Mr. Watt                            Mr. Schiff
Mr. Becerra                         Mr. Gallegly
Mr. Serrano                         Mr. Canady
Ms. Lofgren                         Mr. Goodlatte
Ms. Jackson Lee                     Mr. Buyer
                                    Mr. Hoke
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr


    11. A perfecting amendment offered by Mr. Becerra to remove 
from the substitute amendment offered by Mr. Smith of Texas to 
the amendment offered by Mr. Gekas the requirement that, in 
order to be eligible for an immigrant visa, a son or daughter 
be ``never married'' and to insert a requirement that the son 
or daughter be ``unmarried.'' Defeated 11-19.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mrs. Schroeder                      Mr. Sensenbrenner
Mr. Frank                           Mr. McCollum
Mr. Berman                          Mr. Gekas
Mr. Nadler                          Mr. Coble
Mr. Scott                           Mr. Smith (TX)
Mr. Watt                            Mr. Schiff
Mr. Becerra                         Mr. Gallegly
Mr. Serrano                         Mr. Canady
Ms. Lofgren                         Mr. Inglis
Ms. Jackson Lee                     Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Hoke
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mr. Boucher


    12. A substitute amendment offered by Mr. Smith of Texas to 
the amendment offered by Mr. Gekas to create a category for the 
admission of certain adult sons and daughters of citizens and 
permanent resident aliens. Adopted 17-12.
        AYES                          NAYS
Mr. Sensenbrenner                   Mr. Hyde
Mr. McCollum                        Mr. Conyers
Mr. Gekas                           Mrs. Schroeder
Mr. Coble                           Mr. Frank
Mr. Smith (TX)                      Mr. Berman
Mr. Schiff                          Mr. Boucher
Mr. Gallegly                        Mr. Scott
Mr. Canady                          Mr. Watt
Mr. Inglis                          Mr. Becerra
Mr. Goodlatte                       Mr. Serrano
Mr. Buyer                           Ms. Lofgren
Mr. Hoke                            Ms. Jackson Lee
Mr. Bono
Mr. Heineman
Mr. Chabot
Mr. Flanagan
Mr. Barr


    13. A substitute amendment offered by Mr. Smith of Texas to 
an amendment offered by Mr. Gekas to change the work experience 
requirements for aliens admitted as professionals or skilled 
workers. Adopted 17-9.
        AYES                          NAYS
Mr. Moorhead                        Mr. Hyde
Mr. McCollum                        Mr. Gekas
Mr. Coble                           Mr. Inglis
Mr. Smith (TX)                      Mr. Bono
Mr. Schiff                          Mr. Chabot
Mr. Gallegly                        Mr. Flanagan
Mr. Buyer                           Mr. Barr
Mr. Hoke                            Mr. Frank
Mr. Heineman                        Ms. Lofgren
Mr. Conyers                         Mrs. Schroeder
Mr. Schumer
Mr. Berman
Mr. Bryant (TX)
Mr. Reed
Mr. Watt
Ms. Jackson Lee


    14. Amendment offered by Mr. Watt to eliminate the investor 
visa program. Defeated 8-20.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mr. Frank                           Mr. Moorhead
Mr. Bryant (TX)                     Mr. McCollum
Mr. Reed                            Mr. Gekas
Mr. Scott                           Mr. Coble
Mr. Watt                            Mr. Smith (TX)
Mr. Becerra                         Mr. Schiff
Mr. Serrano                         Mr. Gallegly
                                    Mr. Canady
                                    Mr. Inglis
                                    Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Hoke
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mr. Berman
                                    Ms. Lofgren


    15. Amendment offered by Mr. Watt to limit to 2,000 the 
numbers of visas available for investors. Defeated 10-18.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mr. Frank                           Mr. Moorhead
Mr. Bryant (TX)                     Mr. McCollum
Mr. Reed                            Mr. Coble
Mr. Nadler                          Mr. Smith (TX)
Mr. Scott                           Mr. Schiff
Mr. Watt                            Mr. Gallegly
 Mr. Becerra                        Mr. Canady
Mr. Serrano                         Mr. Inglis
Ms. Jackson Lee                     Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mr. Berman
                                    Mr. Boucher


    16. Amendment offered by Ms. Jackson Lee to extend the 
asylum filing deadline from 60 to 180 days. Defeated: 9-14.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mrs. Schroeder                      Mr. McCollum
Mr. Frank                           Mr. Gekas
Mr. Berman                          Mr. Smith (TX)
Mr. Boucher                         Mr. Gallegly
Mr. Nadler                          Mr. Canady
Mr. Serrano                         Mr. Goodlatte
Ms. Lofgren                         Mr. Buyer
Ms. Jackson Lee                     Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr


    17. Amendment offered by Mr. Berman to strike the 
provisions reforming the legal immigration system (sections 500 
through 517). Defeated 14-20.
        AYES                          NAYS
Mr. Chabot                          Mr. Hyde
Mr. Conyers                         Mr. Moorhead
Mrs. Schroeder                      Mr. Sensenbrenner
Mr. Frank                           Mr. McCollum
Mr. Schumer                         Mr. Gekas
Mr. Berman                          Mr. Coble
Mr. Reed                            Mr. Smith (TX)
Mr. Nadler                          Mr. Gallegly
Mr. Scott                           Mr. Canady
Mr. Watt                            Mr. Inglis
Mr. Becerra                         Mr. Goodlatte
Mr. Serrano                         Mr. Buyer
Ms. Lofgren                         Mr. Hoke
Ms. Jackson Lee                     Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mr. Boucher
                                    Mr. Bryant (TX)


    18. Amendment offered by Mr. Frank to the amendment offered 
by McCollum to section 526 [now section 531] regarding the 
eligibility of aliens to apply for asylum. Adopted 18-11.
        AYES                          NAYS
Mr. Hyde                            Mr. Sensenbrenner
Mr. Moorhead                        Mr. McCollum
Mr. Schiff                          Mr. Coble
Mr. Canady                          Mr. Smith (TX)
Mr. Bono                            Mr. Gallegly
Mr. Flanagan                        Mr. Inglis
Mr. Conyers                         Mr. Goodlatte
Mrs. Schroeder                      Mr. Buyer
Mr. Frank                           Mr. Heineman
Mr. Schumer                         Mr. Bryant (TN)
Mr. Berman                          Mr. Chabot
Mr. Boucher                           
Mr. Reed                              
Mr. Scott                             
Mr. Watt                              
Mr. Serrano                           
Ms. Lofgren                           
Ms. Jackson Lee                       


    19. Perfecting amendment offered by Mr. Schiff to the 
substitute amendment offered by Mr. Hyde to the amendment 
offered by Mr. Schiff concerning the refugee consultation 
process, to permit the establishment of a higher refugee 
ceiling through the consultation process. Defeated 15-
16.116
    \116\ Ms. Jackson Lee stated for the record that, had she been 
present, she would have voted ``aye'' on this amendment.


        AYES                          NAYS
Mr. Schiff                          Mr. Hyde
Mr. Hoke                            Mr. Moorhead
Mr. Chabot                           Mr. Sensenbrenner
Mr. Flanagan                        Mr. McCollum
Mr. Conyers                         Mr. Smith (TX)
Mrs. Schroeder                      Mr. Gallegly
Mr. Frank                           Mr. Canady
Mr. Schumer                         Mr. Inglis
Mr. Berman                          Mr. Goodlatte
Mr. Reed                            Mr. Buyer
Mr. Nadler                          Mr. Bono
Mr. Scott                           Mr. Heineman
Mr. Watt                            Mr. Bryant (TN)
Mr. Becerra                         Mr. Barr
Ms. Lofgren                          Mr. Boucher
                                    Mr. Bryant (TX)


    21. Amendment offered by Ms. Jackson Lee eliminating the 
cap on immediate relatives, restoring parents of citizens to 
the category of immediate relatives, and eliminating borrowing 
from employment based visas for family admissions. Defeated 16-
16.
        AYES                          NAYS
Mr. Chabot                          Mr. Hyde
Mr. Flanagan                        Mr. Moorhead
Mr. Conyers                         Mr. Sensenbrenner
Mrs. Schroeder                      Mr. McCollum
Mr. Frank                           Mr. Coble
Mr. Schumer                         Mr. Smith (TX)
Mr. Berman                          Mr. Schiff
Mr. Boucher                         Mr. Canady
Mr. Reed                            Mr. Inglis
Mr. Nadler                          Mr. Goodlatte
Mr. Scott                           Mr. Buyer
Mr. Watt                            Mr. Hoke
Mr. Becerra                         Mr. Bono
Mr. Serrano                         Mr. Heineman
Ms. Lofgren                         Mr. Bryant (TN)
Ms. Jackson Lee                     Mr. Bryant TX)


    20. Amendment offered by Mr. Berman regarding the admission 
of the spouses and children of aliens admitted as employment-
based immigrants. Defeated 13-18.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mrs. Schroeder                      Mr. Moorhead
Mr. Frank                           Mr. Sensenbrenner
Mr. Berman                          Mr. McCollum
Mr. Boucher                         Mr. Smith (TX)
Mr. Bryant (TX)                     Mr. Schiff
Mr. Reed                            Mr. Canady
Mr. Nadler                          Mr. Inglis
Mr. Scott                           Mr. Goodlatte
Mr. Watt                            Mr. Buyer
Mr. Becerra                         Mr. Hoke
Mr. Serrano                         Mr. Bono
Ms. Jackson Lee                     Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Ms. Lofgren

    21. Amendment offered by Ms. Jackson Lee eliminating the 
cap on immediate relatives, restoring parents of citizens to 
the category of immediate relatives, and eliminating borrowing 
from employment based visas for family admissions. Defeated 16-
16.
        AYES                          NAYS
Mr. Chabot                          Mr. Hyde
Mr. Flanagan                        Mr. Moorhead
Mr. Conyers                         Mr. Sensenbrenner
Mrs. Schroeder                      Mr. McCollum
Mr. Frank                           Mr. Coble
Mr. Schumer                         Mr. Smith (TX)
Mr. Berman                          Mr. Schiff
Mr. Boucher                         Mr. Canady
Mr. Reed                            Mr. Inglis
Mr. Nadler                          Mr. Goodlatte
Mr. Scott                           Mr. Buyer
Mr. Watt                            Mr. Hoke
Mr. Becerra                         Mr. Bono
Mr. Serrano                         Mr. Heineman
Ms. Lofgren                         Mr. Bryant (TN)
Ms. Jackson Lee                     Mr. Bryant (TX)

    22. Amendment offered by Mr. Schiff to permit an increase 
in the limit on refugee admissions through the refugee 
consultation process. Defeated 14-16.117
    \117\ Ms. Jackson Lee stated for the record that, had she been 
present, she would have voted ``aye'' on this amendment.

        AYES                          NAYS
Mr. Schiff                          Mr. Hyde
Mr. Hoke                            Mr. Moorhead
Mr. Chabot                          Mr. Sensenbrenner
Mrs. Schroeder                      Mr. McCollum
Mr. Frank                           Mr. Gekas
Mr. Schumer                         Mr. Smith (TX)
Mr. Berman                          Mr. Gallegly
Mr. Boucher                         Mr. Canady
Mr. Reed                            Mr. Inglis
Mr. Nadler                          Mr. Goodlatte
Mr. Scott                           Mr. Buyer
Mr. Watt                            Mr. Bono
Mr. Serrano                         Mr. Heineman
Ms. Lofgren                         Mr. Bryant (TN)
                                    Mr. Barr
                                    Mr. Bryant (TX)

    23. Amendment offered by Mr. Nadler providing that the 
``public charge'' ground for deportability would not apply in 
the case of a refugee or asylee. Defeated 7-14.118
    \118\ Ms. Jackson Lee stated for the record that, had she been 
present, she would have voted ``aye'' on this amendment.

        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mr. Berman                          Mr. Moorhead
Mr. Nadler                          Mr. Sensenbrenner
Mr. Scott                           Mr. Smith (TX)
Mr. Watt                            Mr. Canady
Mr. Becerra                         Mr. Goodlatte
Ms. Lofgren                         Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mr. Bryant (TX)
                                    Mr. Reed

    24. Amendment offered by Mr. Bryant of TN requiring 
hospitals to provide that hospitals seeking federal 
reimbursement for the emergency treatment of illegal aliens 
shall promptly provide the INS with identifying information 
regarding the illegal alien. Defeated 11-15.119
    \119\ Ms. Jackson Lee stated for the record that, had she been 
present, she would have voted ``nay'' on this amendment.

        AYES                          NAYS
Mr. McCollum                        Mr. Hyde
Mr. Smith (TX)                      Mr. Moorhead
Mr. Inglis                          Mr. Sensenbrenner
Mr. Buyer                           Mr. Goodlatte
Mr. Hoke                            Mr. Conyers
Mr. Bono                            Mrs. Schroeder
Mr. Heineman                        Mr. Schumer
Mr. Bryant (TN)                     Mr. Berman
Mr. Chabot                          Mr. Boucher
Mr. Flanagan                        Mr. Bryant (TX)
Mr. Barr                            Mr. Reed
                                    Mr. Nadler
                                    Mr. Watt
                                    Mr. Becerra
                                    Ms. Lofgren

    25. Amendment offered by Mr. Moorhead providing that for 
purposes of computing prevailing wages in the H-1B program for 
non-profit independent research organizations, the calculation 
shall take into account only employees at similar institutions 
and entities. Adopted 21-10.
        AYES                          NAYS
Mr. Hyde                            Mr. Conyers
Mr. Moorhead                        Mr. Frank
Mr. Sensenbrenner                   Mr. Schumer
Mr. McCollum                        Mr. Berman
Mr. Coble                           Mr. Boucher
Mr. Smith (TX)                      Mr. Bryant (TX)
Mr. Schiff                          Mr. Reed
Mr. Gallegly                        Mr. Nadler
Mr. Canady                          Mr. Becerra
Mr. Inglis                          Ms. Jackson Lee
Mr. Goodlatte
Mr. Buyer
Mr. Hoke
Mr. Bono
Mr. Heineman
Mr. Bryant (TN)
Mr. Chabot
Mr. Flanagan
Mr. Barr
Mrs. Schroeder
Ms. Lofgren

    26. Amendment offered by Mr. Schumer limiting to 20 percent 
the number of H-1B immigrants that may be employed in any 
single employer's workforce. Defeated 8-18-1.120.
    \120\ Mr. Becerra voted ``present''.

        AYES                          NAYS
Mrs. Schroeder                      Mr. Hyde
Mr. Frank                           Mr. Moorhead
Mr. Schumer                         Mr. Sensenbrenner
Mr. Berman                          Mr. Smith (TX)
Mr. Bryant (TX)                     Mr. Gallegly
Mr. Reed                            Mr. Canady
Mr. Nadler                          Mr. Inglis
Mr. Watt                            Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Hoke
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mr. Serrano
                                    Ms. Lofgren

    27. An en bloc amendment offered by Ms. Lofgren to change 
the limitations in section 212(e) on the ability of 
participants in the Exchange Visitor Visa Program to apply for 
an immigrant visa. Defeated 10-15.
        AYES                          NAYS
Mr. Goodlatte                       Mr. Hyde
Mr. Conyers                         Mr. Moorhead
Mr. Frank                           Mr. McCollum
Mr. Berman                          Mr. Gekas
Mr. Bryant (TX)                     Mr. Coble
Mr. Reed                            Mr. Smith (TX)
Mr. Watt                            Mr. Gallegly
Mr. Becerra                         Mr. Canady
Ms. Lofgren                         Mr. Inglis
Ms. Jackson Lee                     Mr. Hoke
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr

    28. Amendment offered by Mr. Goodlatte to the amendment 
offered by Mr. Schumer to restore the diversity immigrant 
program, to limit the foreign states whose nationals would be 
eligible for the program. Defeated 14-15.
        AYES                          NAYS
Mr. Moorhead                        Mr. Hyde
Mr. Sensenbrenner                   Mr. McCollum
Mr. Smith (TX)                      Mr. Hoke
Mr. Canady                          Mr. Bono
Mr. Inglis                          Mr. Chabot
Mr. Goodlatte                       Mr. Flanagan
Mr. Buyer                           Mr. Conyers
Mr. Heineman                        Mrs. Schroeder
Mr. Bryant (TN)                     Mr. Frank
Mr. Barr                            Mr. Schumer
Mr. Bryant (TX)                     Mr. Berman
Mr. Watt                            Mr. Boucher
Mr. Becerra                         Mr. Reed
Ms. Lofgren                         Mr. Nadler
                                    Ms. Jackson Lee

    29. Amendment offered by Mr. Schumer, as amended by an 
amendment offered by Mr. Becerra and adopted by unanimous 
consent, to establish a diversity immigration program. Adopted 
18-11.
        AYES                          NAYS
Mr. Hyde                            Mr. Moorhead
Mr. McCollum                        Mr. Sensenbrenner
Mr. Hoke                            Mr. Gekas
Mr. Bono                            Mr. Smith (TX)
Mr. Bryant (TN)                     Mr. Gallegly
Mr. Flanagan                        Mr. Canady
Mr. Barr                            Mr. Inglis
Mr. Conyers                         Mr. Goodlatte
Mr. Frank                           Mr. Buyer
Mr. Schumer                         Mr. Heineman
Mr. Berman                          Mr. Bryant (TX)
Mr. Boucher
Mr. Reed
Mr. Nadler
Mr. Watt
Mr. Becerra
Ms. Lofgren
Ms. Jackson Lee

    30. Amendment offered by Mr. Becerra to limit actions that 
may be taken by an employer pending completion of the secondary 
verification process. Defeated 12-18.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mrs. Schroeder                      Mr. Moorhead
Mr. Frank                           Mr. Sensenbrenner
Mr. Berman                          Mr. McCollum
Mr. Boucher                         Mr. Gekas
Mr. Bryant (TX)                     Mr. Coble
Mr. Reed                            Mr. Smith (TX)
Mr. Nadler                          Mr. Schiff
Mr. Watt                            Mr. Gallegly
Mr. Becerra                         Mr. Canady
Ms. Lofgren                         Mr. Inglis
Ms. Jackson Lee                     Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Barr

    31. Amendment offered by Mr. Goodlatte to change the 
percentage threshold for H-1B dependent employers and to 
provide a transitional program for certain H-1B dependent 
employers to become H-1B non-dependent employers. Adopted 22-
11.
        AYES                          NAYS
Mr. Hyde                            Mr. Conyers
Mr. Moorhead                        Mr. Frank
Mr. Sensenbrenner                   Mr. Schumer
Mr. McCollum                        Mr. Berman
Mr. Gekas                           Mr. Boucher
Mr. Coble                           Mr. Bryant (TX)
Mr. Smith (TX)                      Mr. Reed
Mr. Schiff                          Mr. Nadler
Mr. Gallegly                        Mr. Watt
Mr. Canady                          Mr. Becerra
Mr. Inglis                          Ms. Jackson Lee
Mr. Goodlatte
Mr. Buyer
Mr. Hoke
Mr. Bono
Mr. Heineman
Mr. Bryant (TN)
Mr. Chabot
Mr. Flanagan
Mr. Barr
Mrs. Schroeder
Ms. Lofgren

    32. A perfecting amendment offered by Mr. Smith of Texas to 
an amendment offered by Mr. Becerra Amendment regarding 
reimbursement of fees to petitioners for immigrants in the 
eliminated family-sponsored categories. Adopted 18-13.
        AYES                          NAYS
Mr. Hyde                            Mr. Heineman
Mr. Moorhead                        Mr. Flanagan
Mr. Sensenbrenner                   Mr. Conyers
Mr. McCollum                        Mrs. Schroeder
Mr. Gekas                           Mr. Schumer
Mr. Coble                           Mr. Berman
Mr. Smith (TX)                      Mr. Boucher
Mr. Gallegly                        Mr. Reed
Mr. Canady                          Mr. Nadler
Mr. Inglis                          Mr. Watt
Mr. Goodlatte                       Mr. Becerra
Mr. Buyer                           Ms. Lofgren
Mr. Hoke                            Ms. Jackson Lee
Mr. Bono
Mr. Bryant (TN)
Mr. Chabot
Mr. Barr
Mr. Bryant (TX)

    33. Amendment offered by Mr. Reed excluding from entry 
persons who renounce U.S. citizenship to avoid paying taxes. 
Adopted 25-5.
        AYES                          NAYS
Mr. Hyde                            Mr. Moorhead
Mr. Sensenbrenner                   Mr. McCollum
Mr. Schiff                          Mr. Gekas
Mr. Gallegly                        Mr. Coble
Mr. Canady                          Mr. Smith (TX)
Mr. Inglis
Mr. Goodlatte
Mr. Buyer
Mr. Bono
Mr. Heineman
Mr. Bryant (TN)
Mr. Chabot
Mr. Flanagan
Mr. Barr
Mr. Conyers
Mrs. Schroeder
Mr. Schumer
Mr. Berman
Mr. Bryant (TX)
Mr. Reed
Mr. Nadler
Mr. Watt
Mr. Becerra
Ms. Lofgren
Ms. Jackson Lee

    34. Amendment offered by Mr. Gallegly providing that 
payments of public assistance benefits only be made to 
individuals who are personally eligible to receive such 
benefits. Adopted 16-11.
        AYES                          NAYS
Mr. Hyde                            Mr. Moorhead
Mr. Gekas                           Mr. Conyers
Mr. Coble                           Mrs. Schroeder
Mr. Smith (TX)                      Mr. Berman
Mr. Schiff                          Mr. Bryant (TX)
Mr. Gallegly                        Mr. Nadler
Mr. Canady                          Mr. Scott
Mr. Inglis                          Mr. Watt
Mr. Goodlatte                       Mr. Becerra
Mr. Buyer                           Ms. Lofgren
Mr. Bono                            Ms. Jackson Lee
Mr. Heineman
Mr. Bryant (TN)
Mr. Chabot
Mr. Flanagan
Mr. Barr

    35. Amendment offered by Mr. Becerra to provide for a study 
to examine the cost to small businesses for participation in 
the employment eligibility verification system. Defeated 11-19.
        AYES                          NAYS
Mr. Inglis                          Mr. Hyde
Mr. Chabot                          Mr. Moorhead
Mr. Flanagan                        Mr. Sensenbrenner
Mr. Conyers                         Mr. Gekas
Mr. Reed                            Mr. Coble
Mr. Nadler                          Mr. Smith (TX)
Mr. Scott                           Mr. Schiff
Mr. Watt                            Mr. Gallegly
Mr. Becerra                         Mr. Canady
Ms. Lofgren                         Mr. Goodlatte
Ms. Jackson Lee                     Mr. Buyer
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Barr
                                    Mr. Schumer
                                    Mr. Berman
                                    Mr. Boucher
                                    Mr. Bryant (TX)

    36. Amendment offered by Mr. Berman regarding employer 
responsibility in case of H-1B employees. Defeated 11-17.
        AYES                          NAYS
Mrs. Schroeder                      Mr. Hyde
Mr. Frank                           Mr. Moorhead
Mr. Berman                          Mr. Sensenbrenner
Mr. Boucher                         Mr. McCollum
Mr. Bryant (TX)                     Mr. Coble
Mr. Reed                            Mr. Smith (TX)
Mr. Nadler                          Mr. Schiff
Mr. Scott                           Mr. Gallegly
Mr. Watt                            Mr. Canady
Mr. Becerra                         Mr. Inglis
Ms. Jackson Lee                     Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan

    37. An amendment offered by Ms. Jackson Lee providing for 
an exemption from expedited removal for persons fleeing a 
country where there is civil strife, or other, temporary unsafe 
conditions, or where the Secretary of State has not certified 
that human rights violations do not occur. Defeated 10-22.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mrs. Schroeder                      Mr. Moorhead
Mr. Frank                           Mr. Sensenbrenner
Mr. Berman                          Mr. McCollum
Mr. Nadler                          Mr. Coble
Mr. Scott                           Mr. Smith (TX)
Mr. Watt                            Mr. Schiff
Mr. Becerra                         Mr. Gallegly
Ms. Lofgren                         Mr. Canady
Ms. Jackson Lee                     Mr. Inglis
                                    Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mr. Schumer
                                    Mr. Boucher
                                    Mr. Bryant (TX)
                                    Mr. Reed

    38. An amendment offered by Mr. Berman to provide visas for 
eliminated family preference categories whose priority date 
falls within 2 years of the bill's effective date. Defeated 15-
18.
        AYES                          NAYS
Mr. Schiff                          Mr. Hyde
Mr. Chabot                          Mr. Moorhead
Mr. Flanagan                        Mr. Sensenbrenner
Mr. Conyers                         Mr. McCollum
Mrs. Schroeder                      Mr. Gekas
Mr. Frank                           Mr. Coble
Mr. Schumer                         Mr. Smith (TX)
Mr. Berman                          Mr. Gallegly
Mr. Reed                            Mr. Canady
Mr. Nadler                          Mr. Inglis
Mr. Scott                           Mr. Goodlatte
Mr. Watt                            Mr. Buyer
Mr. Becerra                         Mr. Bono
Ms. Lofgren                         Mr. Heineman
Ms. Jackson Lee                     Mr. Bryant (TN)
                                    Mr. Barr
                                    Mr. Boucher
                                    Mr. Bryant (TX)

    39. An amendment offered by Mr. Becerra to decrease the 
level of annual income required by a sponsor from 200 percent 
to 150 percent of the poverty level. Defeated 6-14.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mr. Frank                           Mr. Moorhead
Mr. Berman                          Mr. Sensenbrenner
Mr. Watt                            Mr. Gekas
Mr. Becerra                         Mr. Coble
Ms. Lofgren                         Mr. Smith (TX)
                                    Mr. Schiff
                                    Mr. Inglis
                                    Mr. Buyer
                                    Mr. Hoke
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Boucher

    40. Vote on Final Passage: Adopted 23-10.
        AYES                          NAYS
Mr. Hyde                            Mr. Conyers
Mr. Moorhead                        Mrs. Schroeder
Mr. Sensenbrenner                   Mr. Frank
Mr. McCollum                        Mr. Schumer
Mr. Gekas                           Mr. Berman
Mr. Coble                           Mr. Nadler
Mr. Smith (TX)                      Mr. Scott
Mr. Schiff                          Mr. Watt
Mr. Gallegly                        Mr. Becerra
Mr. Canady                          Ms. Lofgren
Mr. Inglis
Mr. Goodlatte
Mr. Buyer
Mr. Hoke
Mr. Bono
Mr. Heineman
Mr. Bryant (TN)
Mr. Chabot
Mr. Flanagan
Mr. Barr
Mr. Boucher
Mr. Bryant (TX)
Mr. Reed

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House Rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the bill, H.R. 2202, the following 
estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, March 4, 1996.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2202, the 
Immigration and the National Interest Act of 1995. Because 
enactment of the bill would affect direct spending, pay-as-you-
go procedures would apply.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.
    1. Bill number: H.R. 2202.
    2. Bill Title: Immigration in the National Interest Act of 
1995.
    3. Bill status: As ordered reported by the House Committee 
on the Judiciary on October 24, 1995.
    4. Bill purpose: H.R. 2202 would make many changes and 
additions to federal laws relating to immigration. Provisions 
having a potentially significant budgetary impact are 
highlighted below.
    Title I would:
          specify that the number of Immigration and 
        Naturalization (INS) border patrol agents would be 
        increased by 1,000 in each of the fiscal years 1996 
        through 2000 relative to the number as of September 30, 
        1995; in addition, the number of full-time support 
        positions for border patrol agents would be increased 
        by 800;
          authorize appropriations of $12 million for 
        improvements in barriers along the U.S.-Mexico border;
          require that border crossing identification cards 
        include a biometric identifier (such as a fingerprint) 
        that is machine-readable;
          direct the Attorney General to train border patrol 
        personnel on the rights and various cultural 
        backgrounds of aliens and U.S. citizens;
          establish several pilot programs relating to 
        inadmissible or deportable aliens; and
          direct the Attorney General to deploy enough INS 
        investigators and enforcement personnel in the interior 
        of the United States to properly investigate and 
        enforce immigration laws.
    Title II would:
          increase by 25 the number of Assistant United States 
        Attorneys that may be employed by the Department of 
        Justice for fiscal year 1996; and
          provide for new and increased penalties for a number 
        of crimes related to immigration.
    Title III would:
          permit the Attorney General to reemploy up to 300 
        federal retirees for as long as two years to support 
        the Institutional Hearing Program;
          direct the Attorney General to increase the detention 
        facilities of the INS to at least 9,000 beds by fiscal 
        year 1997;
          authorize appropriations of $5 million annually for 
        the INS and $150 million annually for the Attorney 
        General, beginning in fiscal year 1996, for costs 
        related to detention and removal of aliens;
          provide for an increase in pay for immigration 
        judges;
          establish in the general fund of the Treasury an 
        Immigration Enforcement Account, and
          provide for new and increased penalties for a number 
        of crimes related to immigration.
    Title IV would:
          direct the INS to increase the number of positions in 
        the Investigations Division by 350 above the number of 
        such positions available as of September 30, 1994;
          direct the Department of Labor (DOL) to increase the 
        number of full-time equivalent positions in the Wage 
        and Hour Division of the Employment Standards 
        Administration by 150 above the number of such 
        positions available as of September 30, 1994; and
          direct the Attorney General to devise a system, such 
        as a toll-free telephone line or other electronic 
        media, by which employers could confirm the eligibility 
        of prospective employees. This system would be 
        implemented via pilot projects in five states through 
        the end of fiscal year 1999; continuation of the 
        projects would be subject to Congressional action.
    Title V would:
          reduce the number of legal immigrants allowed to 
        enter the United States each year;
          set a statutory cap on the number of refugees 
        admitted into the United States;
          permit the Attorney General to reemploy up to 300 
        federal retirees for as long as two years to reduce the 
        backlog in asylum applications;
          direct the Attorney General to increase the number of 
        INS asylum officers to at least 600 by fiscal year 
        1997; and
          require the Attorney General, subject to the 
        availability of appropriations, to reimburse visa 
        application fees paid by petitioners for family-
        sponsored immigrant categories that are eliminated by 
        this bill before the petitioner receives the visa.
    Title VI would affect various benefit programs. It would:
          curtail the eligibility of non-legal aliens, 
        including those permanently residing under color of law 
        (PRUCOL), in the narrow instances where they are now 
        eligible for federal benefits;
          put sponsors of future immigrants on notice that they 
        are expected to support them for a longer period than 
        current law provides, by extending the period in which 
        a sponsor's income is presumed or deemed to be 
        available to the alien and by making affidavits of 
        support legally enforceable;
          deny the earned income tax credit to individuals not 
        authorized to be employed in the United States; and
          change federal coverage of emergency Medicaid 
        services for illegal aliens.
    Title VII would:
          direct the Attorney General and the Secretary of the 
        Treasury to increase the number of land border 
        inspectors in fiscal years 1996 and 1997 to assure full 
        staffing during peak border crossing hours; and
          direct the Attorney General, within two years of 
        enactment of this bill, to establish preinspection 
        stations in at least five of the foreign airports that 
        serve as departure points for the greatest number of 
        air passengers traveling to the U.S. In addition, this 
        title would direct the Attorney General, within four 
        years of enactment, to establish preinspection stations 
        in at least five foreign airports that would most 
        effectively reduce the number of aliens who arrive by 
        air without valid documentation.
    5. Estimated cost to the Federal Government: Assuring 
appropriation of the entire amounts authorized, enacting H.R. 
2202 would increase discretionary spending over fiscal years 
1996 through 2002 by a total of about $5 billion. Several 
provisions of H.R. 2202, mainly those in Title VI affecting 
benefit programs, would result in changes to mandatory spending 
and federal revenues. CBO estimates that the changes in 
mandatory spending would reduce outlays by about $6 billion 
over the 1996-2002 period, and that revenues would increase by 
about $80 million over the same period. The estimated budgetary 
effects of the legislation are summarized in Table 1. Table 2 
shows projected outlays for direct spending programs under 
current law, the changes that would stem from the bill, and the 
projected outlays for each program if the bill were enacted.

                               TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 2202                               
                                    [By fiscal years, in millions of dollars]                                   
----------------------------------------------------------------------------------------------------------------
                                              1996      1997      1998      1999      2000      2001      2002  
----------------------------------------------------------------------------------------------------------------
                                    SPENDING SUBJECT TO APPROPRIATIONS ACTION                                   
                                                                                                                
Authorizations:                                                                                                 
    Estimated authorization level.........       129       699       774       856       960       978       996
    Estimated outlays.....................         0       532       637       940       994       956       976
                                                                                                                
                                         MANDATORY SPENDING AND RECEIPTS                                        
                                                                                                                
Direct Spending:                                                                                                
    Estimated budget authority............         0      -230      -428      -684    -1,020    -1,397    -2,057
    Estimated outlays.....................         0      -230      -428      -684    -1,020    -1,397    -2,057
    Estimated Revenues....................         0        14        13        12        13        13        13
----------------------------------------------------------------------------------------------------------------

    The costs of this bill fall within budget functions 550, 
600, 750, and 950.

                                          TABLE 2.--ESTIMATED EFFECTS OF H.R. 2202 ON DIRECT SPENDING PROGRAMS                                          
                                                        [By fiscal years, in millions of dollars]                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      1995         1996         1997         1998         1999         2000         2001         2002   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          PROJECTED SPENDING UNDER CURRENT LAW                                                          
                                                                                                                                                        
Supplemental Security Income....................       24,509       24,497       29,894       32,967       36,058       42,612       39,287       46,511
Food Stamps \1\.................................       25,554       26,935       28,620       30,164       31,706       33,406       35,035       36,603
Family Support Payments \2\.....................       18,086       18,544       19,048       19,534       20,132       20,793       21,477       22,184
Medicaid........................................       89,070       99,292      110,021      122,060      134,827      148,110      162,590      177,786
Earned Income Tax Credit (outlay portion).......       15,244       20,392       22,904       23,880       24,938       25,982       26,794       27,546
Receipts of Employer Contributions..............      -27,960      -27,365      -28,081      -28,907      -29,621      -30,938      -32,428      -33,910
                                                 -------------------------------------------------------------------------------------------------------
      Total.....................................      144,503      162,295      182,406      199,698      218,040      239,965      252,755      276,720
                                                 =======================================================================================================
                                                                    PROPOSED CHANGES                                                                    
Supplemental Security Income....................  ...........            0          -10          -80         -160         -260         -370         -670
Food Stamps \1\.................................  ...........            0            0          -15          -45         -100         -170         -250
Family Support Payments \2\.....................  ...........            0           -1          -13          -23          -48          -63          -78
Medicaid........................................  ...........            0           -5         -110         -240         -390         -570         -830
Earned Income Tax Credit (outlay portion).......  ...........            0         -216         -214         -218         -222         -224         -229
Receipts of Employer Contributions..............  ...........            0            2            4            2            0            0            0
                                                 -------------------------------------------------------------------------------------------------------
      Total.....................................  ...........            0         -230         -428         -684       -1,020       -1,397       -2,057
                                                 =======================================================================================================
                                                                                                                                                        
                                                           PROJECTED SPENDING UNDER H.R. 2202                                                           
                                                                                                                                                        
Supplemental Security Income....................       24,509       24,497       29,884       32,887       35,898       42,352       38,917       45,841
Food Stamps \1\.................................       22,554       26,935       28,620       30,149       31,661       33,306       34,865       36,353
Family Support Payments \2\.....................       18,086       18,544       19,047       19,521       20,109       20,745       21,414       22,106
Medicaid........................................       89,070       99,292      110,016      121,950      134,587      147,720      162,020      176,956
Earned Income Tax Credit (outlay portion).......       15,244       20,392       22,688       23,666       24,720       25,760       26,570       27,317
Receipts of Employer Contributions..............      -27,960      -27,365      -28,079      -28,903      -29,619      -30,938      -32,428      -33,910
                                                 -------------------------------------------------------------------------------------------------------
      Total.....................................      144,503      162,295      182,176      199,270      217,356      238,945      251,358      274,663
Changes to revenues.............................  ...........            0           14           13           12           13           13           13
Net deficit effect..............................  ...........            0         -244         -441         -696       -1,033       -1,410      -2,070 
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Food Stamps includes Nutrition Assistance for Puerto Rico. Spending under current law includes the provisions of the fiscal year 1996 Agriculture   
  appropriations.                                                                                                                                       
\2\ Family Support Payments includes spending on Aid to Families with Dependent Children (AFDC), AFDC related child care, administrative costs for child
  support enforcement, net federal savings from child support collections, and the Job Opportunities and Basic Skills Training program (JOBS).          
                                                                                                                                                        
Notes.--Assumes enactment date of August 1, 1996. Estimates will change with later effective date. Details may not add to totals because of rounding.   

    6. Basis of Estimate: For purposes of this estimate, CBO 
assumes that H.R. 2202 will be enacted by August 1, 1996.

Spending subject to appropriations

    The following estimates assume that all specific amounts 
authorized by the bill would be appropriated for each fiscal 
year. For programs in the bill for which authorizations are not 
specified, or for programs whose specific authorizations do not 
provide sufficient funding, CBO estimated the cost based on 
information from the agencies involved. We assumed that few of 
the bill's programs would be implemented until fiscal year 
1997. (Hence, we estimate that outlays in 1996 would not be 
affected by enactment.) Estimated outlays, beginning in 1997, 
are based on historical rates for these or similar activities.
    The provisions in this bill that affect discretionary 
spending would increase costs to the federal government by the 
amounts shown in Table 3, assuming appropriation of the 
necessary funds. In many cases, the bill authorizes funding for 
programs already authorized in the violent Crime Control and 
Law Enforcement Act of 1994 (1994 crime bill) or already funded 
by fiscal year 1996 appropriations action. For example, the 
additional border patrol agents and support personnel in Title 
I already were authorized in the 1994 crime bill through fiscal 
year 1998. For such provisions, the amounts shown in Table 3 
reflect only the cost above funding authorized in current law.
    In the most recent continuing resolution enacted for fiscal 
year 1996, appropriations for the Department of Justice total 
about $14 billion, of which about $1.7 billion is for the INS.

                               TABLE 3.--SPENDING SUBJECT TO APPROPRIATIONS ACTION                              
                                    [By fiscal years, in millions of dollars]                                   
----------------------------------------------------------------------------------------------------------------
                                                           1996    1997    1998    1999    2000    2001    2002 
----------------------------------------------------------------------------------------------------------------
Estimated authorization levels:                                                                                 
    Title I:                                                                                                    
        Additional border patrol agents.................       0  ......  ......     116     119     123     127
        Barrier improvements............................       0      20  ......  ......  ......  ......  ......
        Improved identification cards...................       0      34      34      34  ......  ......  ......
        Border patrol training..........................  ......       0       3  ......  ......  ......  ......
        Pilot programs..................................       0       1  ......  ......  ......  ......  ......
        Increased interior enforcement..................       0     130     260     390     520     530     540
    Title II:                                                                                                   
        Additional U.S. Attorneys.......................       0       8       8       8       8       8       8
    Title III:                                                                                                  
        Increased detention facilities..................       0     199     220      50      52      53      55
        Detention and removal of aliens \1\.............     129     155     155     155     155     155     155
        Pay raise for immigration judges................       0       1       1       1       1       1       1
    Title IV:                                                                                                   
        Additional INS investigators....................       0      11      11      11      12      12      12
        Additional DOL employees........................       0      12      12      13      13      14      14
        Work eligibility pilot program..................       0   (\2\)   (\2\)   (\2\)  ......  ......  ......
    Title V:                                                                                                    
        Additional asylum officers......................       0      34      34      35      36      37      38
        Visa reimbursement..............................       0      55  ......  ......  ......  ......  ......
    Title VII:                                                                                                  
        Additional land border inspectors...............       0      36      39      43      44      45      46
                                                         -------------------------------------------------------
          Total.........................................     129     699     774     856     960     978     996
Estimated outlays.......................................       0     532     637     940     994     956     976
----------------------------------------------------------------------------------------------------------------
\1\ Amounts for this provision are specified in the bill. The amount authorized for fiscal year 1996 was reduced
  to reflect $26 million in appropriations already provided.                                                    
\2\ Less than $500,000.                                                                                         

Revenues and direct spending

    Table 4 details estimated changes in revenues and direct 
spending. The most significant changes in direct spending would 
result from provisions contained in Title VI of the bill, in 
particular, from the provisions changing benefits conferred 
through the Supplemental Security Income program, Medicaid, and 
the Earned Income Tax Credit.

                                TABLE 4.--CHANGES IN REVENUES AND DIRECT SPENDING                               
                                    [By fiscal years, in millions of dollars]                                   
----------------------------------------------------------------------------------------------------------------
                                              1996      1997      1998      1999      2000      2001      2002  
----------------------------------------------------------------------------------------------------------------
Revenues:                                                                                                       
    New Criminal Fines and Forfeiture.....         0     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)
    Earned Income Tax Credit..............         0        14        13        12        13        13        13
                                           ---------------------------------------------------------------------
      Total Revenus.......................         0        14        13        12        13        13        13
                                           =====================================================================
Direct Spending:                                                                                                
    New Criminal Fines and Forfeiture.....         0     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)
    Immigration Enforcement Account.......         0     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)
    Supplemental Security Income..........         0       -10       -80      -160      -260      -370      -670
    Food Stamps...........................         0         0       -15       -45      -100      -170      -250
    Family Support........................         0        -1       -13       -23       -48       -63       -78
    Medicaid..............................         0        -5      -110      -240      -390      -570      -830
    Earned Income Tax Credit..............         0      -216      -214      -218      -222      -224      -229
    Federal Employee Retirement...........         0         2         4         2         0         0         0
                                           ---------------------------------------------------------------------
      Total Direct SApending..............         0      -230      -428      -684    -1,020    -1,397    -2,057
----------------------------------------------------------------------------------------------------------------
\1\ Less than $500,000.                                                                                         

    Fines.--The imposition of new and enhanced civil and 
criminal fines in H.R. 2202 could cause governmental receipts 
to increase, but CBO estimates that any such increase would be 
less than $500,000 annually, civil fines would be deposited 
into the general fund of the Treasury. Criminal fines would be 
deposited in the Crime Victims Fund and would be spent in the 
following year. Thus, direct spending from the fund would match 
the increase in revenues with a one-year lag.
    Forfeiture.--A new forfeiture provision in H.R. 2202 could 
lead to more assets seized and forfeited to the United States, 
but CBO estimates that any such increase would be less than 
$500,000 annually in value. Proceeds from the sale of any such 
assets would be deposited as revenues into the Assets 
Forfeiture Fund of the Department of Justice and spent out of 
that fund in the same year. Thus, direct spending from the 
Assets Forfeiture fund would match any increase in revenues.
    Immigration enforcement account.--The creation of an 
immigration enforcement account in Title III would affect both 
direct spending and receipts. Currently, civil fines collected 
from violations of certain immigration laws are classified as 
revenues for budgetary purposes and deposited into the general 
fund of the Treasury. H.R. 2202 would deposit these collections 
as offsetting receipts into the immigration enforcement account 
and would spend them out of that fund. Thus, direct spending 
would increase, but this increase would be less than $500,000 
annually.
    Legal immigration reform.--H.R. 2202 would reduce legal 
immigration levels by roughly 100,000 entries annually. By law, 
the costs incurred by INS to oversee legal immigration are 
covered by fees it charges, so there is no net impact on the 
federal budget. Reducing legal immigration would decrease the 
fees collected by INS, so the agency would have to reduce its 
costs accordingly, mainly by cutting personnel. INS would 
attempt to maintain a balance between fee collections and 
costs, as it does now. Over time, any imbalance would be 
corrected to achieve a net budgetary impact of zero.
    Preinspection stations.--Based on information from INS, CBO 
estimates that the costs to establish and maintain the first 
five preinspection stations would reach about $40 million 
annually, with similar costs for the second five stations. 
However, as required by law, costs of this sort would be 
covered by increased INS user fees charged to passengers 
entering the United States. Such fees would be recorded as 
offsetting receipts, and additional spending by the INS would 
be considered direct spending. Thus, there would be no net 
budgetary impact from any additional preinspection stations.
    Supplemental security income.--The SSI program pays 
benefits to low-income people with few assets who are aged 65 
or older or disabled. According to tabulations by the 
Congressional Research Service (CRS), the SSI program for the 
aged is the major benefit program with the sharpest contrast in 
participation between noncitizens and citizens. The CRS 
reported that nearly one-quarter of aliens over the age of 65 
receive SSI, versus about 4 percent of citizens. The Social 
Security Administration states that about 700,000 legal aliens 
collect SSI (although some unknown fraction of those ``aliens'' 
are really naturalized citizens, whose change in status is not 
reflected in program records). About three-quarters of alien 
SSI recipients are immigrants legally admitted for permanent 
residence, who must serve out a waiting period during which 
their sponsor's income is ``deemed'' to them before they can go 
on the program. That waiting period was temporarily lengthened 
to 5 years in 1994 but is slated to return to 3 years in 
October 1996. The other one-quarter of alien recipients of SSI 
are refugees, asylees, and PRUCOLs.
    H.R. 2202 would have little effect on the eligibility for 
SSI or other benefits of legal immigrants who are already in 
the U.S., because the bill would not direct the agencies 
administering these programs to make any changes in the way 
they treat aliens who were legally admitted for permanent 
residence before the bill's enactment. Any effect on such 
aliens would be indirect. The bill would amend the ``public 
charge'' section of the Immigration and Nationality Act to 
state that anyone who collected certain benefits within 7 years 
of arrival could be deported, and names the programs in which 
participation would brand the alien a public charge. No 
benefits received before the date of enactment would count 
against the 7-year ban. Nor would benefits paid for certain 
reasons arising after entry--such as the death or disability of 
a breadwinner--count. A public charge ban (for 5, not 7 years 
after the alien's entry) is already on the books, but is hardly 
ever enforced through deportation. The ban apparently has not 
acted as a major deterrent to many aliens' participation in 
public assistance programs. CBO does not rule out that the 
proposed ``public charge'' language might make some aliens who 
are already here fearful of collecting benefits, but views such 
psychological effects as a tenuous basis for budget estimates.
    For future entrants, though, the bill has real teeth. The 
bill's principal effect on the SSI program would be the 
proposed lengthening of the deeming period for future entrants. 
H.R. 2202 would require the government to draft a new affidavit 
of support explicitly telling sponsors that they are liable for 
any public assistance benefits provided to the alien. 
Furthermore, for immigrants covered by such affidavits, the 
deeming period would last until naturalization (if the 
immigrant was admitted as a parent of a citizen or legal 
resident) or for at least 7 years (if admitted in another 
category). CBO assumes that the new forms would be in place by 
early 1997 and that significant savings would begin in 2000--
when that first group of entrants would otherwise have 
graduated from the 3-year deeming period under current law. 
Small savings would occur before 2000, because the bill would 
make two other changes in the way deeming now operates in the 
SSI program--specifically, by requiring that all income of the 
sponsor and spouse be deemed, instead of only a portion of it, 
and by repealing the exemption from deeming for aliens who 
become disabled after their arrival.
    Because the stiffer deeming rules would make little 
difference in the near term, they account for just half of the 
estimated savings of $1.6 billion in SSI over the entire 1996-
2000 period; nevertheless, they contribute two-thirds of the 
estimated savings in fiscal year 2002. H.R. 2202 also proposes 
to shave the number of overall immigrant admissions, and would 
explicitly limit the number of parents of citizens or legal 
residents who may enter the country. Since deeming has proven 
to be a quite powerful tool in the SSI program, the proposed 
cutback in admissions is largely immaterial to CBO's estimate; 
from a dollar standpoint, it matters little whether immigrants 
can get into the country but are then barred from SSI, or 
whether they cannot get into the country in the first place.
    Two other provisions of the bill would generate the 
remaining savings in SSI. First, H.R. 2202 would eliminate 
eligibility for SSI benefits of aliens permanently residing 
under color of law. That label covers such disparate groups as 
parolees, aliens who are granted a stay of deportation, and 
others with various legal statuses. PRUCOLs currently make up 
about 5 percent of aliens on the SSI rolls. CBO assumes that 
some would successfully seek to have their classification 
changed to another category (such as refugee or asylee) that 
would protect their SSI benefits. The remainder, though, would 
be barred from the program, generating savings of about $0.5 
billion over 7 years.
    The second provision would set a statutory ceiling on a 
number of refugee admissions, removing that prerogative from 
the President. The bill would limit refugee admissions to 
75,000 in 1997 and 50,000 a year thereafter. It is impossible 
to say how many refugees would be admitted if current policy 
remained unchanged, since the ceiling is announced by the 
President annually and is affected by geopolitical conditions. 
For this estimate, CBO assumed that, under current policy, 
refugee admissions would drop from 90,000 in fiscal year 1996 
(the ceiling announced by the President) to 75,000 in 1997 and 
beyond. Compared with that path, H.R. 2202 would require a 
reduction of 25,000 refugee admissions a year after 1997. 
Refugees often arrive with little or no money, poor English, 
and limited prospects for employment, so it is not surprising 
that they tend to rely on welfare at first. Tabulations by the 
Office of Refugee Resettlement in the Department of Health and 
Human Services indicate that, of refugees who arrived in the 
past 5 years, about 7 percent are on SSI, 24 percent on Aid to 
Families with Dependent Children (AFDC), and 60 percent on food 
stamps. Based on that pattern, CBO estimates that the limits on 
refugee admissions in H.R. 2202 would lead to savings in the 
SSI program of $0.1 billion over the 1998-2002 period.
    Food stamps.--The estimated savings in the Food Stamp 
program--$0.6 billion over 7 years--are considerably smaller 
than those in SSI but have essentially the same explanations. 
The Food Stamp program imposes a 3-year deeming period. 
Therefore, lengthening the deeming period (to at least 7 years 
for most future entrants and even longer for some) would save 
money in food stamps beginning in 2000. Restrictions on the 
number of legal entrants and particularly of refugees admitted 
into the country account for the rest of the savings. The Food 
Stamp program already denies benefits to most PRUCOLs, so no 
additional savings are estimated from that source.
    Statistics compiled by CRS suggest that about 16 percent of 
noncitizens live in households that receive food stamps, not so 
sharply different from the 12 percent participation rate of 
citizens. Other data on them, though, are sketchier than data 
on aliens in the SSI program. For example, CBO lacks 
information on how long aliens (other than refugees) are in the 
country before going on food stamps, why they file for 
benefits, and how many of them have financial sponsors--
information that would have helped greatly in estimating the 
effects of H.R. 2202.
    Family support.--H.R. 2202 would lead to small savings in 
the AFDC program--again, from essentially the same provisions 
that would generate savings in SSI and food stamps. CRS 
tabulations show that noncitizens are only slightly more likely 
than citizens to participate in the AFDC program (6 percent of 
noncitizens, versus 5 percent of citizens). Often, the 
household consists of a noncitizen parent and a citizen child 
or children--in which case H.R. 2202 would directly affect only 
the parent's eligibility. As for food stamps, information on 
sponsorship, length of time in the country, and reason for 
participation by aliens in AFDC is scanty.
    The AFDC program already deems income from sponsors to 
aliens for three years after the alien's arrival. H.R. 2202 
would lengthen that period to 7 years in most cases. The $0.2 
billion in total savings over the 1997-2002 period would stem 
from lengthening the deeming period, restricting the number of 
admissions of immigrants and refugees, and ending the 
eligibility of PRUCOLs for AFDC benefits.
    Medicaid.--H.R. 2202 would erect several barriers to 
Medicaid eligibility for future entrants into this country. In 
most cases, AFDC or SSI eligibility carries Medicaid 
eligibility along with it. By restricting aliens' access to 
those two cash programs, H.R. 2202 would generate savings in 
Medicaid. Medicaid now has no deeming requirement at all; that 
is, program administrators do not consider a sponsor's income 
when they gauge the alien's eligibility for benefits. 
Therefore, it is possible for a sponsored alien to qualify for 
Medicaid even before he or she has satisfied the SSI waiting 
period. H.R. 2202 would change that by requiring that every 
means-tested program weigh the income of a sponsor who signed 
one of the new, legally enforceable affidavits of support. 
Under current law, PRUCOLs are specifically eligible for 
Medicaid; H.R. 2202 would make them ineligible.
    Finally, H.R. 2202 would bar immigration by parents of 
citizens and legal residents unless a sponsor could document 
that the parent would be covered by a private insurance policy 
that provides coverage similar to Medicare plus long-term care 
protection equivalent to Medicaid. Such coverage would be 
extremely expensive if it even exists. That requirement was not 
critical to CBO's estimate of Medicaid savings in H.R. 2202, 
because CBO judged that the other SSI provisions and the 
deeming requirements would effectively bar most elderly 
entrants from the Medicaid program over the 1997-2002 period. 
The estimate assumes that the new, legally enforceable 
affidavits will be in place by early 1997. If that assumed 
timetable were to slip, perhaps because of the sheer difficulty 
of crafting acceptable criteria for insurance coverage, 
estimates of savings in other programs that also hinge on the 
new affidavits could also slip. If enforced stringently, the 
insurance requirement could effectively forbid immigration of 
all except the wealthiest parents of U.S. residents.
    CBO estimated the savings in Medicaid by first estimating 
the number of aliens who would be barred from the SSI and AFDC 
programs by other provisions of H.R. 2202. CBO then added 
another group--dubbed ``noncash beneficiaries'' in Medicaid 
parlance because they participate in neither of the two cash 
programs. CBO assumed that the noncash participants who would 
be affected by H.R. 2202 essentially fall into two groups. One 
is the group of elderly (and less importantly, disabled) aliens 
who enter in 1997 and beyond and who could, under current law, 
seek Medicaid even before they satisfied the 3-year wait for 
SSI, the second is poor children and pregnant women who could, 
under current law, qualify for Medicaid even if they do not get 
AFDC. CBO then multiplied the assumed number of aliens affected 
times an average Medicaid cost appropriate for their group. 
That average cost is significantly higher for an aged or 
disabled person than for a younger mother or child. In 
selecting an average cost, CBO took into account the fact that 
relatively few aged or disabled aliens receive expensive long-
term care in Medicaid-covered institutions, but that on the 
other hand few are eligible for Medicare as their primary 
payer. The resulting estimate of Medicaid savings was then 
trimmed by 25 percent to reflect the fact that--if the aliens 
in question were barred from regular Medicaid--the federal 
government would likely end up paying more in reimbursements 
for emergency care and for uncompensated care. The resulting 
savings in Medicaid would be negligible at first but would 
reach an estimated $0.8 billion by 2002, totaling $2.1 billion 
over the 1997-2002 period.
    One of the few benefits for which illegal aliens now 
qualify is emergency Medicaid under section 1903(v) of the 
Social Security Act. H.R. 2202 contains a provision that is 
apparently intended to make the federal government responsible 
for the entire cost of emergency Medicaid services, instead of 
splitting the cost with states as under the current matching 
requirements. However, the drafting of the provision leaves 
several legal and practical issues dangling. H.R. 2202 would 
not repeal the current provision in section 1903(v). It also 
orders the Immigration and Naturalization Service to verify the 
identity of recipients in order for the states to qualify for 
the proposed reimbursement. Emergency patients often show up 
with no insurance and little other identification; therefore, 
if the INS drafted stringent rule for verification, it is 
possible that hardly any providers could collect under this 
section. On the other hand, if the INS required only minimal 
identification, providers would have an incentive to classify 
as many patients as possible in this category because that 
would maximize their federal reimbursement. Also unclear is 
whether any reimbursement would be subject to the usual limits 
on allowable charges in Medicaid, or whether providers could 
seek reimbursement for their entire cost.
    Earned income tax credit.--H.R. 2202 would deny eligibility 
for the Earned Income Tax Credit (EITC) to workers who are not 
authorized to be employed in the U.S. In practice, that 
provision would work by requiring valid Social Security numbers 
to be filed for the primary and secondary taxpayers on returns 
that claim the EITC. A similar provision was contained in 
President Clinton's 1996 budget proposal and in last fall's 
reconciliation bill. The Joint Committee on Taxation estimates 
that the provision would reduce the deficit by approximately 
$0.2 billion a year. Most of this reduction would appear as 
lower outlays for the refundable portion of the credit, but 
there would also be a small increase in revenues.
    Federal employee retirement.--H.R. 2202 would have a small 
effect on the net outlays of federal retirement programs. 
Section 533 and 356 of the bill would permit certain civilian 
and military retirees to collect their full pensions in 
addition to their salary if they are reemployed by the 
Department of Justice to help tackle a backlog of asylum 
applications or support the Institutional Hearing Program. 
Under current law, an employing agency must deduct the annuity 
amount from the paycheck of a reemployed civil service 
annuitant and remit that amount to the retirement trust fund. 
The retirement fund, in effect, makes no net annuity payments 
for the period of the annuitant's reemployment. (Rules 
governing the reemployment of military retirees are slightly 
more liberal, but still require forfeiture of part of the 
annuity.) Under the bill, the salary reduction requirement 
would be waived for up to 24 months of reemployment. CBO 
estimates that about 200 annuitants would be affected, and that 
net outlays would increase by $2 million to $4 million a year 
in 1997 through 1999.
    Other programs.--Entitlement or direct spending programs, 
other than those already listed, are estimated to incur 
negligible costs or savings over the 1997-2002 period as a 
consequence of H.R. 2202. The child nutrition program would be 
specifically exempt from H.R. 2202's ban on benefits to illegal 
aliens. It is possible that child nutrition would fall under 
the requirement that all means-tested programs develop sponsor-
to-alien deeming provisions for future entrants; however, the 
applicability of that section is ambiguous, and it would take 
time to craft deeming rules and implement them in school 
systems nationwide in any case. The foster care program does 
not appear by name on any specific list of exemptions in H.R. 
2202, but CBO assumes that it would be exempt under provisions 
protecting battered children. CBO estimates that the bill would 
not lead to any significant savings in the student loan 
program. The Title XX social services program, an entitlement 
program for the states, is funded at a fixed dollar amount set 
by the Congress; the eligibility or ineligibility of aliens for 
services would not have any direct effect on those dollar 
amounts.
    7. Pay-as-you-go considerations: Section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts through 1998. Because several sections of 
this bill would affect receipts and direct spending, pay-as-
you-go procedures would apply. These effects are summarized in 
the following table.

------------------------------------------------------------------------
                                       1996         1997         1998   
------------------------------------------------------------------------
Change in outlays................            0         -230         -428
Change in receipts...............            0           14           13
------------------------------------------------------------------------

    8. Estimated impact on state, local, and tribal 
governments: CBO has not completed its review of possible 
mandates in H.R. 2202. This section represents a preliminary 
analysis of the mandates contained in the bill and their likely 
impacts on the budgets of state, local, and tribal governments. 
A comprehensive mandate cost statement will be provided when 
CBO's analysis is completed.
    H.R. 2202 contains a number of mandates on state and local 
governments. The major mandates would require that state and 
local governments:
          Deny non-legal aliens, including those permanently 
        residing under color of law, eligibility for all means-
        tested state and local benefit programs except 
        emergency Medicaid, immunizations, disaster relief, and 
        family violence services;
          Distribute means-tested benefits only through 
        individuals who are themselves eligible for the 
        program, at least on the basis of their immigration 
        status; and
          Impose no restrictions on the exchange of information 
        between governmental entities or officials and the 
        Immigration and Naturalization Service regarding the 
        immigration status of individuals.
    In addition, H.R. 2202 would require employers, including 
state and local government personnel offices, in at least five 
states to confirm through a toll-free telephone number (or 
other electronic media), the identity, Social Security number, 
and work eligibility of all employees within three days of 
hiring.
    CBO's preliminary conclusion is that the total net costs of 
the bill's mandates on state and local governments would not 
exceed the $50 million annual threshold established in the 
Unfunded Mandates Reform Act.
    9. Estimated impact on the private sector: H.R. 2202 
contains several private sector mandates. Although CBO has not 
completed its analysis of impacts on the private sector, our 
preliminary analysis indicates that the expected direct costs 
of private sector mandates contained in H.R. 2202 would exceed 
$100 million a year.
    Generally, speaking, the private sector mandates in H.R. 
2202 lie in four areas: (1) provisions that affect aliens 
within the borders of the United States, (2) provisions that 
affect individuals who sponsor aliens and execute affidavits of 
support, (3) provisions that affect the transportation 
industry, and (4) provisions that affect employers of aliens. 
In addition, a few provisions would reduce existing mandates on 
employers and offset marginally some of the costs imposed by 
new mandates.
    Specifially, we expect that the direct costs imposed on 
sponsors of aliens who execute affidavits of support to exceed 
$100 million a year within the first five years that the 
mandate is in effect. Those are costs now borne by the federal 
government and state and local governments for the provision of 
benefits under public assistance programs. We also expect that 
some direct costs would be imposed on aliens within U.S. 
borders, the transportation industry, and the employers of 
aliens but that those costs would not be significant.
    10. Previous CBO estimate: In 1995 CBO prepared many 
estimates of the effects of restricting aliens' eligibility for 
public assistance in the context of the debate over welfare 
reform. Examples include CBO's estimates of H.R. 4 (the welfare 
reform bill) and of H.R. 2491 (the reconciliation bill), both 
of which were eventually vetoed. In general, however, those 
proposals did not draw a sharp distinction between aliens 
already in the country and future entrants. CBO has not 
previously estimated the effects of restrictions on public 
assistance like those in H.R. 2202 that are essentially 
targeted at future entrants.
    11. Estimate prepared by: Federal Cost Estimate: Mark 
Grabowicz, Wayne Boyington, Sheila Dacey, Dorothy Rosenbaum, 
Robin Rudowitz, Kathy Ruffing, and Stephanie Weiner.
    State and Local Government Estimate: Karen McVey and Leo 
Lex.
    Private Sector Mandate Estimate: Matthew Eyles.
    12. Estimate approved by: Paul N. Van de Water, Assistant 
Director, for Budget Analysis.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that H.R. 
2202 will have no significant inflationary impact on prices and 
costs in the national economy.

                      Section by Section Analysis

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

               Subtitle A--Improved Enforcement at Border

Sec. 101.--Border patrol agents and support personnel

    Subsection (a) provides that the number of border patrol 
agents shall be increased by 1000 per year from 1996 through 
2000. Subsection (b) provides that the number of support 
personnel for border enforcement, investigations, detention and 
deportation, intelligence, information and records, legal 
proceedings, and management and administration shall be 
increased beginning in fiscal year 1996 by 800 positions above 
the number existing as of September 30, 1994. Subsection (c) 
requires the deployment of new border patrol agents to border 
sectors in proportion to the level of illegal entries in the 
sectors.

Sec. 102.--Improvement of barriers at border

    Subsection (a) provides that the Attorney General and the 
Commissioner of the Immigration and Naturalization Service 
(INS) shall install additional physical barriers and roads to 
deter illegal crossings into the U.S. in areas of high illegal 
entry.
    Subsection (b) provides that in carrying out subsection (a) 
in the San Diego sector, the Attorney General shall provide for 
multiple fencing, separated by roads, for the 14 miles eastward 
of the Pacific Ocean. The Attorney General shall promptly 
acquire necessary easements for the fencing and roads. There 
are authorized to be appropriated $12,000,000 for these fences 
and roads.
    Subsection (c) provides for a waiver of the Endangered 
Species Act to the extent necessary to expeditiously complete 
construction of the roads and fences under this section.
    Subsection (d) requires the Attorney General to forward 
deploy existing border patrol agents in those border areas with 
high levels of illegal entry and to submit a report within 6 
months of the date of enactment regarding the progress and 
effectiveness of such forward deployments.

Sec. 103.--Improved border equipment and technology

    This section authorizes the Attorney General to acquire 
Federal equipment, including aircraft, helicopters, vehicles, 
and night vision equipment, to improve the deterrence of 
illegal immigration into the U.S. Some of this material may be 
acquired from the Department of Defense. Where necessary for 
the proper utilization of such equipment, the Committee 
believes that it would be appropriate for military personnel to 
provide training to Border Patrol agents and other immigration 
officers. Responsibility for operation of material acquired by 
the Attorney General would remain in the hands of employees of 
the Department of Justice.

Sec. 104.--Improvement in border crossing identification card

    This section amends the definition in section 101(a)(6) of 
the Immigration and Nationality Act 121 of the ``border 
crossing identification card.'' The amendment requires that 
within 6 months of the date of enactment, all new border 
crossing ID cards (which are issued only to aliens) include a 
biometric identifier, such as a handprint or fingerprint of the 
alien. The amendment also requires that within 36 months, an 
alien cannot be admitted to the United States on the basis of 
such a card unless the biometric identifier on the card matches 
the appropriate biometric characteristic of the alien. The 
amendment requires that within a year after implementing the 
requirement for new ID cards, the Attorney General shall report 
to Congress on the impact of issuing the new cards on border 
crossing activities.
    \121\ Unless otherwise specified, all references to existing 
statutes are to sections of the Immigration and Nationality Act.
---------------------------------------------------------------------------

Sec. 105.--Civil penalties for illegal entry

    This section amends section 275 by redesignating 
subsections (b) and (c) and inserting a new subsection (b). The 
new subsection provides that an alien apprehended while 
entering or attempting to enter the U.S. illegally shall be 
subject to a civil penalty of not less than $50 nor more than 
$250. The penalties shall be doubled in the case of an alien 
previously subject to such penalties.

Sec. 106.--Prosecution of aliens repeatedly re-entering the united 
        states unlawfully

    This section authorizes the appropriations of such sums as 
may be necessary to provide for detention and prosecution of 
any alien who has illegally reentered the U.S. if the alien has 
illegally reentered the U.S. on two previous occasions. This 
section also states the sense of Congress that the Attorney 
General use available resources to detain and prosecute such 
aliens.

Sec. 107.--Inservice training for the border patrol

    This section amends section 103 of the INA by adding a new 
subparagraph (e), to provide for programs that would train 
Border Patrol agents to ensure and safeguard the constitutional 
and civil rights, personal safety, and human dignity of aliens 
and citizens with whom they come into contact. The annual 
report of the INS shall include a description of the steps 
taken to carry out this provision.

                      Subtitle B--Pilot Programs.

Sec. 111.--Pilot program on interior repatriation

    This section requires the Attorney General, after 
consultation with the Secretary of State, to establish a pilot 
program for up to 2 years to deter multiple illegal entries 
into the U.S., which may include interior repatriation, third 
country repatriation, and other disincentives to multiple 
unlawful entries. Not later than 30 months after the date of 
enactment, the Attorney General and Secretary of State shall 
report on the pilot program, including whether the program or 
any part should be extended or made permanent.

Sec. 112.--Pilot program on use of closed military bases for the 
        detention of inadmissible or deportable aliens

    This section requires the Attorney General and the 
Secretary of Defense to establish a pilot program for up to 2 
years to determine the feasibility of using military bases 
closed because of a base closure law as detention centers for 
the Immigration and Naturalization Service. The Attorney 
General and the Secretary of State are to submit a report not 
later than 30 months after the date of enactment to the 
Committees on the Judiciary and the Committees on Armed 
Services of the House of Representatives and the Senate.

Sec. 113.--Pilot program to collect records of departing passengers

    This section requires the Commissioner of the INS, within 
180 days after the date of enactment, to establish a pilot 
program in which INS officers would collect a record of 
departure for every alien departing the U.S. and match the 
record of departure with the record of the alien's arrival in 
the U.S. The program shall be operated in not less than 3 of 
the 5 air ports of entry with the heaviest volume of arriving 
international air traffic. Instances of visa overstay 
identified through the pilot program shall be included in INS 
and Department of State databases. Not later than 2 years after 
the pilot program is implemented, the Commissioner shall submit 
a report on the number of departure records collected and other 
statistics, the estimated cost of establishing a national 
system to verify the departure from the U.S. of aliens admitted 
as nonimmigrants, and specific recommendations for the 
establishment of such a system.

                    Subtitle C--Interior Enforcement

Sec. 121.--Increase in personnel for interior enforcement

    This section authorizes the appropriation of funds to 
increase the number of investigators and other enforcement 
personnel deployed in the interior of the United States to a 
level adequate to properly investigate violations of and 
enforce immigration law. It is the intent of this section to 
include among interior enforcement personnel inspectors at 
United States airports, as well as INS investigators and 
detention and deportation officers.

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

 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

    This subtitle includes provisions in several immigration 
reform bills introduced in the 103rd Congress and the 104th 
Congress, and in the immigration reform legislation submitted 
by the Clinton Administration in May 1995.

Sec. 201--Wiretap authority for alien smuggling investigations

    This section amends 18 U.S.C. 2516(1) to give INS the 
authority under that section to use wiretaps in investigations 
of alien smuggling and document fraud violations under section 
1028 (production of false identification documents), 1541 
(unauthorized issuance of passports), 1542 (false statements in 
passport applications), 1546 (fraud and misuse of visas, 
permits, and other documents) of title 18, or sections 274, 
277, or 278 of the INA (smuggling of aliens).

Sec. 202--Racketeering offenses relating to alien smuggling

    This section amends 18 U.S.C. 1961(1) to include as 
racketeering offenses acts indictable under: section 1028 
(fraud and related activity in connection with identification 
documents), section 1542 (false statement in application and 
use of passport), 1543 (forgery and false use of passport), 
1544 (misuse of passport), 1546 (fraud and misuse of visas, 
permits, and other documents), and 1581-1588 (peonage and 
slavery), and sections 274, 277, and 278 of the INA (alien 
smuggling and related offenses).

Sec. 203--Increased criminal penalties for alien smuggling

    Subsection (a) amends section 274(a)(1)(B)(i) to provide 
that any person who violates the prohibitions in 
274(a)(1)(A)(ii)-(iv) against transporting, harboring, or 
inducing an illegal alien to come to the U.S. may be imprisoned 
for up to 10 years if the offense was committed for purposes of 
commercial advantage or private financial gain.
    Subsection (a) also adds a new subparagraph (C) to section 
274(a)(1), providing that a person who engages in a conspiracy 
to commit or aids and abets in the commission of offenses under 
section 274(a)(1)(A) shall be fined and imprisoned for up to 10 
years (alien smuggling) or up to 5 years (transportation, 
harboring, inducement).
    Subsection (b) amends section 274(a)(2)(B) (bringing into 
the U.S. an alien not authorized to enter) by adding a new 
clause (iv) to make it an aggravating factor if the offense is 
committed with the intent or reason to believe that the alien 
will commit a crime punishable by imprisonment for more than 
one year. This subsection also amends this subparagraph to 
provide that if any of the aggravating factors are present, the 
violator shall be fined under title 18 and imprisoned for not 
less than 3 years nor more than 10 years.
    Subsection (c) amends section 274(a)(2) to provide that the 
punishments for unlawfully bringing an alien to the U.S. shall 
apply to each alien with respect to whom a violation occurs, 
replacing the current provision that the punishments shall 
apply to ``each transaction,'' regardless of the number of 
aliens involved.

Sec. 204--Increased number of assistant United States Attorneys

    This section provides that the number of Assistant U.S. 
Attorneys shall be increased in fiscal years 1996 by 25, and 
that such new Assistant U.S. Attorneys shall prosecute persons 
involved in smuggling or harboring of illegal aliens, or other 
crimes involving illegal aliens.

Sec. 205--Undercover investigation authority

    This section amends title II of the INA to add a new 
section 294, providing authority for the INS to use 
appropriated funds for the establishment and operation of 
undercover proprietary corporations or business entities.

                Subtitle B--Deterrence of Document Fraud

Sec. 211--Increased criminal penalties for fraudulent use of 
        Government-issued documents

    Subsection (a) amends 18 U.S.C. 1028(b)(1), relating to 
fraud and misuse of government-issued identification documents, 
to increase the maximum term of imprisonment from 5 to 15 
years. The sentence is increased 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.
    Subsection (b) directs the Sentencing Commission promptly 
to increase the basic offense levels for document fraud 
offenses under sections 1028(a) and 1546(a) of title 18: 
offense level 15 if the offense involved 100 or more documents; 
level 20 if the offense involved 1,000 or more documents or was 
done to facilitate a drug offense or aggravated felony, and 
level 25 if done to provide documents to persons engaged in 
terrorist activity or racketeering enterprises.

Sec. 212.--New civil penalties for document fraud

    Subsection (a) amends section 274C(a) by adding a new 
paragraph (5) to make it unlawful for any person knowingly or 
in reckless disregard of the fact that the information is false 
or does not relate to the applicant, to prepare, file, or 
assist another person in preparing or filing, documents which 
are falsely made for the purpose of satisfying a requirement of 
the INA. ``Falsely made'' shall include a document submitted 
with knowledge or reckless disregard of the fact that the 
document contains a false, fictitious, fraudulent statement or 
material misrepresentation, has no basis in law or fact, or 
fails to state a material fact.
    Subsection (b) makes conforming amendments to section 
274C(d)(3).
    Subsection (c) provides that the amendment shall apply to 
assistance, preparation, or submission of documents or 
applications occurring on or after the date of enactment.

Sec. 213.--New civil penalty for failure to present documents and for 
        preparing immigration documents without authorization

    Subsection (a) amends section 274C(a) by adding a new 
paragraph (6) to apply civil penalties against an alien who 
presents upon boarding a common carrier a document relating to 
the alien's eligibility to be admitted to the United States and 
then fails to present the document upon arrival. The Attorney 
General may waive these penalties if the alien is subsequently 
granted asylum. Subsection (a) also adds a new paragraph (7) to 
apply civil penalties against any person who prepares or 
assists in preparing immigration forms, petitions, and 
applications who is not authorized to represent aliens or to 
assist in the preparation and submission of such forms.
    Subsection (b) provides that these amendments shall apply 
to individuals who board a common carrier on or after 30 days 
after enactment.

Sec. 214. New criminal penalties for failure to disclose role as 
        preparer of false application for asylum and for preparing 
        certain post-conviction applications

    This section amends section 274C of the INA by adding a new 
subsection (e), providing that a person who fails to disclose 
or conceals his role in preparing, for fee or other 
remuneration, a false application for asylum shall be 
imprisoned for not less than 2 years nor more than 5 years and 
also shall be prohibited from preparing, whether or not for fee 
or other remuneration, any other such application for at least 
5 years and not more that 15 years. A person convicted under 
this section who later prepares or assists in preparing an 
application for asylum, regardless of whether for a fee or 
other remuneration, is subject to imprisonment of not less than 
5 nor more than 15 years and is prohibited from preparing any 
other such application.

Sec. 215.--Criminal penalty for knowingly presenting document which 
        fails to contain reasonable basis in law or fact

    This section amends 18 U.S.C. 1546(a) 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.

Sec. 216.--Criminal penalties for false claim to citizenship

    This section amends 18 U.S.C. 1015 by adding new 
subparagraphs (e) and (f). New subparagraph (e) provides for 
criminal penalties against any person who makes 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) provides for criminal penalties against any person who 
makes 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.

      Subtitle C--Asset Forfeiture for Passport and Visa Offenses

Sec. 221.--Criminal forfeiture for passport and visa related offenses

    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 1541, 1542, 
1543, 1544, or 1546 of title 18, or section 1028 of title 18 if 
committed in connection with passport or visa issuance or use, 
shall forfeit any property, real or personal, which was used or 
intended to be used in facilitating the violation, and any 
property constituting, derived from, or traceable to the 
proceeds of the violation.

Sec. 222.--Subpoenas for bank records

    This section amends section 986(a) of title 18 to permit 
the issuance of subpoenas for bank records in investigations of 
offenses under sections 1028, 1541, 1542, 1543, 1544, and 1546 
of title 18.

Sec. 223. Effective date

    This provides that the amendments made by this subtitle 
take effect on the first day of the first month that begins 
more than 90 days after the date of enactment.

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

        Subtitle A--Revision of Procedures for Removal of Aliens

Sec. 300.--Overview of changes in removal procedures

    This section provides an overview of changes made in the 
procedures for inspection, exclusion, apprehension, and 
deportation of aliens under the Immigration and Nationality 
Act.

Sec. 301.--Treating persons present in the United States without 
        authorization as not admitted

    Subsection (a) of this section amends section 101(a)(13) of 
the INA by replacing the definition of ``entry'' with a 
definition for ``admission'' and ``admitted'': the entry of an 
alien into the United States after inspection and authorization 
by an immigration officer. An alien who is paroled under 
section 212(d)(5) shall not be considered to have been 
admitted. With certain exceptions (specified below) a returning 
lawful permanent resident alien (LPR) is not considered to be 
seeking admission.
    Comment.--This subsection is intended to replace certain 
aspects of the current ``entry doctrine,'' under which illegal 
aliens who have entered the United States without inspection 
gain equities and privileges in immigration proceedings that 
are not available to aliens who present themselves for 
inspection at a port of entry. Hence, the pivotal factor in 
determining an alien's status will be whether or not the alien 
has been lawfully admitted. Parolees under INA section 
212(d)(5), who are not considered to have made an ``entry'' 
under current law,122 will likewise not be considered to 
have been admitted under this new definition. Finally, this 
section preserves a portion of the Fleuti doctrine 123 by 
stating that a returning lawful permanent resident shall not be 
regarded as seeking admission unless the alien has relinquished 
lawful permanent resident status; has engaged in criminal 
activity after having left the U.S.; has departed the U.S. 
while under removal or extradition proceedings; or has been 
convicted of an aggravated felony, unless since such conviction 
the alien has been granted relief under new section 240A(a) 
(cancellation of removal for certain aliens lawfully admitted 
for permanent residence). However, this section intends to 
overturn certain interpretations of Fleuti 124 by stating 
that a returning lawful permanent resident alien is seeking 
admission if the alien is attempting to enter or has entered 
the United States without inspection and authorization by an 
immigration officer.
    \122\ See Leng May Ma v. Barber, 357 U.S. 185 (1958); INA 
Sec. 212(d)(5), 8 U.S.C. Sec. 1182(d)(5).
    \123\ See Rosenberg v. Fleuti, 374 U.S. 449 (1963) (lawful 
permanent resident returning from abroad not considered to have made a 
new ``entry'' if trip was ``innocent, casual, and brief'').
    \124\ See, e.g., Matter of Romero, (BIA, Dec. 19, 1990).
---------------------------------------------------------------------------
    Subsection (b) adds a new paragraph (9) to subsection 
212(a) (grounds of inadmissibility). The new paragraph states 
in subparagraph (A) 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. Subparagraph (B) provides 
that the grounds 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).
    Comment.--This subsection will conform the grounds of 
inadmissibility under section 212(a) with the new doctrine of 
``admission'' established in section 301(a) of the bill. 
Currently, aliens who have entered without inspection are 
deportable under section 241(a)(1)(B). Under the new 
``admission'' doctrine, such aliens will not be considered to 
have been admitted, and thus, must be subject to a ground of 
inadmissibility, rather than a ground of deportation, based on 
their presence without admission. (Deportation grounds will be 
reserved for aliens who have been admitted to the United 
States.)
    The exception in subparagraph (B) will ensure that this new 
ground of inadmissibility does not apply to certain battered or 
abused alien spouses and children, where the alien's illegal 
entry is substantially connected to the battery or abuse. The 
exception will apply to alien spouses and children who, due to 
the amendments to section 204(a)(1)(A) made by section 40701 of 
the Violent Crime Control and Law Enforcement Act of 1994, are 
eligible to petition for immigrant visas because they have been 
battered or subject to extreme cruelty as defined in that 
section, and who have been battered or subject to extreme 
cruelty as defined in subparagraph (B) if the alien's unlawful 
entry was substantially connected to such battery or cruelty.
    The transition provision will ensure that aliens who were 
granted self-petition rights under section 40701 of VCCLEA and 
who were first present in the U.S. prior to the effective date 
of this title need meet no other criteria in order to be 
exempted from this new ground of inadmissibility.
    Subsection (c) revises paragraph (6) of section 212(a) 
(inadmissibility for aliens previously removed from the United 
States). Current paragraph (6)(A) imposes a 1-year bar to 
admission for an alien ordered excluded and deported from the 
United States, and current paragraph (6)(B) imposes a 5-year 
bar to admission for an alien deported from the United States, 
except in the case of an alien convicted of an aggravated 
felony, in which case the bar is for 20 years. Revised 
paragraph (6)(A)(i) provides that an alien ordered removed 
under revised section 235(b)(1), or at the end of proceedings 
under new section 240 that were initiated upon the alien's 
arrival in the United States, is inadmissible for a period of 5 
years. Revised paragraph (6)(A)(ii) provides that an alien 
otherwise ordered removed from the United States shall be 
barred from admission for 10 years (or 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.
    Revised paragraph (6)(B) provides that an alien unlawfully 
present in the United States for an aggregate period totalling 
1 year is inadmissible unless the alien has remained outside of 
the United States for 10 years. No period of time in which the 
alien was present in the United States as a minor under the age 
of 18, as a bona fide applicant for asylum under section 208, 
as an alien authorized to be employed in the United States, or 
as a beneficiary of family unity protection, shall count 
towards the aggregate 1-year period. This bar shall not apply 
to an alien described in new section 212(a)(9)(B) (battered 
spouse or child). An alien may be granted a 3-month extension 
if the alien applies for such extension prior to the expiration 
of the 1-year period and the failure to extend the period would 
constitute extreme hardship to the alien. The Attorney General 
may waive this ground of inadmissibility if the Attorney 
General determines that admission of the alien would 
substantially benefit a specifically defined national interest 
or, in the case of an alien who is the spouse, parent, or child 
of a United States citizen of lawful permanent resident, for 
humanitarian purposes, to assure family unity, or when it is 
otherwise in the public interest.
    Subsection (d) revises 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, in the case of a 
spouse, son, or daughter of a lawful permanent resident, if the 
refusal of admission would result in extreme hardship to the 
lawfully resident spouse or parent.
    Comment.--The intent of this amendment is to strengthen 
penalties against immigration fraud by making waiver of this 
ground of inadmissibility available only to members of nuclear 
families, and to apply an extreme hardship requirement in the 
case of family members of lawful permanent residents.
    Subsection (e) amends redesignated section 212(a)(10) by 
adding a new subparagraph (D), making inadmissible any alien 
who had previously renounced United States citizenship for the 
purpose of avoiding taxation.
    Subsection (f)(1) amends section 212(a)(1)(A) by adding a 
new clause (ii), making inadmissible any alien who seeks 
immigration 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.
    Subsection (f)(2) amends section 212(g) to make conforming 
amendments and to add a new paragraph (3), providing that the 
new exclusion ground related to vaccinations may be waived if 
the alien receives the required vaccination or if a civil 
surgeon or similar official designated in 42 CFR 34.2 certifies 
that the vaccination would not be medically appropriate.
    The foregoing amendments shall apply to applicants for 
immigrant visas or adjustment of status filed after September 
30, 1996. The Committee anticipates that the INS and the State 
Department will provide notification to persons seeking 
admission to the U.S. of the need to obtain the required 
vaccinations.
    Subsection (g) conforms references in section 241(a) 
(grounds of deportability) to reflect the change in 
nomenclature in section 212(a) from ``excludable'' to 
``inadmissible.'' Subparagraph (B) of paragraph 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 
subsection (c) of this section, be considered inadmissible 
under new paragraph (9) of subsection 212(a).

Sec. 302.--Inspection of aliens; expedited removal of inadmissible 
        arriving aliens; referral for hearing (revised section 235)

    This section will amend section 235 of the INA, regarding 
the inspection of aliens arriving in the U.S.
    Applicants for admission.--New section 235(a) provides that 
an alien present in the United States who has not been admitted 
to the U.S. (see Section 301(a) of this bill), who arrives at 
the United States, whether or not at a designated port of 
arrival, or who is brought to the United States after having 
been interdicted in international or United States waters, 
shall be deemed 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 section 235 of the INA. 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 alien is inadmissible under section 212(a)(6)(C) (fraud 
or misrepresentation) or 212(a)(7) (lack of valid documents), 
the officer may order the alien removed without further hearing 
or review, unless the alien states a fear of persecution or a 
desire to apply for asylum.
    An alien who states a fear of persecution or a wish 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. 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. If the alien does 
not meet this standard, and the officer's decision is upheld by 
a supervisory asylum officer, the alien will be ordered 
removed. An alien may consult with a person of his or her 
choosing before the interview, at no expense to the Government 
and without delaying the interview. A ``credible fear of 
persecution'' means that it is more probable than not that the 
alien is telling the truth and the alien has a reasonable 
possibility of establishing eligibility for asylum.
    There is no administrative review of a removal order 
entered into under this paragraph, but an alien claiming under 
penalty of perjury to be lawfully admitted for permanent 
residence shall be entitled to administrative review of such an 
order. 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).
    Inspection of other arriving aliens.--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.
    Aliens inadmissible on national security grounds.--
Subsection (c) restates the provisions of current 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)(9) because they are 
already present in the United States. Such aliens could be 
subject to the special removal procedures provided in Subtitle 
B of this Title.
    Authority of officers.--New subsection (d) restates 
provisions currently in 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.

Sec. 303--Apprehension and detention of aliens not lawfully in the 
        United States (revised section 236)

    Subsection (a) of this section will amend section 236 of 
the INA to include provisions currently contained in sections 
236 and 242. Subsection (b) authorizes an increase in INS 
detention facilities to 9,000 beds by FY 1997.
    Section 236.--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) restates the current provisions in 
section 236(e) and 242(a)(2) regarding the detention of an 
alien convicted of an aggravated felony, and adds an additional 
provision enabling the release of such an alien 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.
    New section 236(d) restates the current provisions in 
section 242(a)(3) regarding the identification of aliens 
convicted of aggravated felonies and amends those provisions to 
require that information be provided to the Department of State 
for inclusion in its automated visa lookout system.

Sec. 304--Removal proceedings; cancellation of removal and adjustment 
        of status; Voluntary departure (revised and new sec. 239 to 
        240C)

    Subsection (a) of this section redesignates current section 
239 (designation of ports of entry for aliens arriving by civil 
aircraft) as section 234, redesignates section 240 (records of 
admission) as section 240C, and inserts new sections 239, 240, 
240A, and 240B. Subsection (b) of this section repeals section 
212(c) of the INA.
    Section 239.--New section 239 (``Initiation of removal 
proceedings'') restates the provisions of current subsections 
(a) and (b) of section 242B regarding the provision of notice 
(``Notice to Appear'') to aliens placed in removal proceedings. 
These provisions are conformed to the establishment of a single 
removal hearing to replace the proceedings under current 
section 236 (exclusion) and 242 (deportation). The requirement 
that the Notice to Appear (formerly ``Order to Show Cause'') be 
provided in Spanish as well as English is not retained. 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.
    Section 240.--New section 240 (``Removal Proceedings'') 
restates provisions in current section 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 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, through video conference, or, with the consent of 
the alien in hearings on the merits, through telephone 
conference. 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 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). 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 be ineligible 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. In the case of an alien 
who has been admitted to the U.S., the Service has the burden 
to establish by clear and convincing evidence that the alien is 
deportable.
    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 that was not available at the time 
of the initial hearing. The deadline also may be extended in 
the case of an in absentia order of removal if filed within 180 
days and establishing that the alien's failure to appear was 
because of exceptional circumstances beyond the control of the 
alien (as defined in section 240(e)) or because the alien did 
not receive the notice required under section 239(a).
    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 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, but not including 
less compelling circumstances. The subsection defines 
``removable'' to mean that an alien who has not been admitted 
is inadmissible under section 212 and that an alien who has 
been admitted is deportable under section 237.
    Section 240A.--New section 240A (``Cancellation of removal; 
adjustment of status'') 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).
    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 or felonies the aggregate 
sentence for which is at least 5 years. 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 has been physically 
present in the United States for a continuous period of at 
least 7 years immediately preceding the date of applying for 
such relief, has been a person of good moral character, has not 
been convicted of an aggravated felony, and establishes that 
removal would result in extreme hardship to the alien or to the 
alien's spouse, parent, or child who is a citizen of the United 
States or an alien lawfully admitted for permanent residence. 
This provision is intended to replace and modify the relief of 
suspension of deportation now granted under section 244(a).
    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 
severe 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. The number of such adjustments shall 
not exceed 4,000 in any fiscal year.
    Subsection 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); an alien who 
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; or an alien who is 
inadmissible under section 212(a)(3) or deportable under 
section 237(a)(4)(D) (national security and related grounds).
    Subsection 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). A period of continuous 
physical presence is broken if the alien has departed from the 
United States for any periods in the aggregate exceeding 180 
days, unless for emergent reasons the return could not be 
accomplished in that time. 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 240B.--New section 240B (``Voluntary departure'') 
establishes new conditions for the granting of voluntary 
departure, currently governed by section 242(b) and 244(e) of 
the INA.
    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 for at least one year in the United 
States, the alien has been a person of good moral character for 
the preceding 5 years, 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)(9) (present without admission).
    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.
    Section 240B(e) provides that the Attorney General may by 
regulation limit eligibility for voluntary departure for any 
class or classes of aliens.
    Section 240B(f) provides that an alien may appeal from a 
denial of an order of voluntary departure but shall be 
removable from the U.S. 60 days after the entry of the order of 
removal and may prosecute the appeal from abroad.

Sec. 305--Detention and removal of aliens ordered removed (new section 
        241)

    Subsection (a) of this section strikes section 237, 
redesignates section 241 as section 237, and inserts a new 
section 241.
    Section 241--New section 241 (``Detention and removal of 
aliens ordered removed'') 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 wilfully 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 
space is not available, the Attorney General may release the 
alien on bond and under any conditions that the Attorney 
General may prescribe. 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 
inadmissible alien who has been ordered removed may be detained 
beyond the 90-day period. The Attorney General may not remove 
an alien who is sentenced to imprisonment until the alien is 
released, but parole, supervised release, probation, or the 
possibility of arrest are not grounds to defer removal.
    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.
    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 alien cannot 
be removed for reasons deemed strictly in 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).
    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. The Committee further 
believes the rate of reimbursement charged to the carrier to 
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 issue 
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. However, the Committee 
understands that, 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. The Committee 
expects that the carrier and the INS will work cooperatively in 
order to obtain such travel documents in an expeditious manner, 
but understands that there are circumstances in which foreign 
governments do not cooperate in issuing such documents. Since 
circumstances in such cases vary, the Committee has not 
designated a time period beyond which the financial 
responsibility for continued detention shifts from the carrier 
to the INS. The Committee expects that the INS, through 
regulations or internal policy guidance, will set a reasonable 
timeline 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 may be 
detained by the INS to pursue an asylum application. 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 
Committee believes that the obligation of the carrier to pay 
for detention costs shall not be extended to require the 
carrier to pay for the cost of translators, legal counsel, or 
other assistance in preparing and presenting the stowaway's 
claim for asylum. The Committee expects 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 assist in the removal of 
aliens requiring personal care during removal.
    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 for purchase or lease of existing facilities.
    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.
    Subsection (b) of section 305 amends redesignated section 
241(h) (reimbursement to States for incarceration of 
undocumented criminal alien felons--currently section 242(j)). 
The amendment provides that ``incarceration'' shall include 
imprisonment in a State or local facility that is counted 
towards completion of a sentence and also the imprisonment of a 
previously convicted felon or misdemeanant who has been 
rearrested on new charges. The amendment also will permit 
reimbursement in the case of an alien convicted of two or more 
misdemeanors.

Sec. 306--Appeals from orders of removal (new section 242)

    This section amends 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 no 
court shall have jurisdiction to review 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 procedures and policies to implement 
section 235(b)(1). Individual determinations under section 
235(b)(1) may only be reviewed under new subsection 242(f).
    Section 242(b)(1) 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 
immigration judge completed proceedings. Subsection (b)(3)(B) 
provides that the filing of a petition stays the removal of the 
alien unless the alien has been convicted of an aggravated 
felony or has been ordered removed because alien is 
inadmissible under section 212, in which case removal is stayed 
only if specifically ordered by the court.
    The remaining paragraphs of subsection (b) revise and 
restate the provisions in subsections (3) through (8) of 
current section 106 regarding form, service, decision, 
treatment of a petitioner's claim that he or she is a national 
of the United States, consolidation of motions to reopen and 
reconsider, challenge of validity of orders of removal, 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 that a petition for review from an 
order of removal under section 238 (expedited procedures for 
non-resident aliens convicted of an aggravated felony) may 
address only whether the alien has been correctly identified, 
has been convicted of an aggravated felony, and has been given 
the procedures described in section 238(b)(4).
    Section 242(f) 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. Judicial review is only available in 
habeas corpus and is limited to whether the petitioner is an 
alien, whether the petitioner was ordered removed under 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. If the court 
determines that the petitioner was not ordered excluded or is 
an alien lawfully admitted for permanent residence, 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(g) 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.

Sec. 307. Penalties relating to removal (revised section 243)

    Subsection (a) restates the provisions in current section 
242(e) regarding penalties for failure to depart within 90 days 
of the order of removal.
    Subsection (b) restates the provisions in the third and 
final sentence of current 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)).
    Subsection (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.
    Subsection (d) revises and restates the provisions in 
current section 243(g) regarding sanctions against a country 
that refuses to accept an alien 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.

Sec. 308. Redesignation and reorganization of other provisions; 
        additional conforming amendments

    This section makes a series of redesignations and 
conforming amendments in addition to those 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 234A.
    Current section 242A is redesignated as section 238, with 
conforming amendments.
    Current section 242B 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 order removed from the U.S.
    Section 273(d) is repealed.

Sec. 309--Effective dates; transition

    Subsection (a) provides that 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 on or after 
the date of enactment and for which a petition for review or 
for habeas corpus under section 106 has not been filed as of 
such date, new rules shall apply to subsequent petitions for 
judicial review. 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 
administrative proceedings before the special inquiry officer 
(immigration judge) were completed. The petition for review 
also must be filed not later than 30 days after the final order 
of exclusion or deportation.
    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--Removal of Alien Terrorists

            Part 1--Removal Procedures for Alien Terrorists

Sec. 321--Removal procedures for alien terrorists

    This section amends the INA by adding a new title V, 
entitled special removal procedures for alien terrorists.
    Section 501 provides definitions to apply to title V. An 
``alien terrorist'' is an alien deportable under current 
section 241(a)(4)(B).
    Section 502 (``Establishment of special removal court; 
panel of attorneys to assist with classified information'')
    Sections 502(a) through (c) require the Chief Justice of 
the Supreme Court to publicly designate 5 district court judges 
from 5 of the U.S. judicial circuits who shall constitute a 
special court with jurisdiction to conduct special removal 
proceedings. The terms of the judges first appointed shall be 
so staggered that the term of one judge expires each year. The 
Chief Justice shall designate a chief judge, who shall serve a 
full five-year term.
    Section 502(d) provides that the proceedings shall be 
conducted in conformance with section 103(c) of the Foreign 
Intelligence Surveillance Act of 1978.
    Section 502(e) provides that the special court shall 
designate a panel of attorneys each of whom has a security 
clearance permitting access to classified information and has 
agreed to represent aliens lawfully admitted for permanent 
residence with respect to certain classified information used 
in special removal proceedings under the provisions of section 
506(c).
     Section 503 (``Application for initiation of special 
removal proceeding'') provides that when the Attorney General 
has classified information that an alien is an alien terrorist, 
the Attorney General may seek removal through the filing under 
seal, ex parte and in camera, of a written application with the 
special court. The application, made under oath or affirmation, 
shall identify the attorney making the application; indicate 
the approval of the Attorney General or Deputy Attorney General 
to the filing of the application based on a finding that the 
alien is removable under this title; identify the alien for 
whom special removal proceedings are sought; and a statement of 
facts to establish that the alien is an alien terrorist, is 
physically present in the U.S., and that the use of removal 
procedures under title II would pose a risk to the national 
security of the U.S. The Attorney General may dismiss a removal 
action under this title at any time.
     Section 504 (``Consideration of application'') provides 
that a single judge on the removal court shall consider, ex 
parte and in camera, the application and other information, 
including classified information, presented under oath or 
affirmation. A verbatim record shall be kept of any hearing on 
the application. The judge shall enter ex parte an order 
approving the application if there is probable cause to believe 
that the alien has been correctly identified and is a 
terrorist, and that adherence to the provisions of title II 
regarding the removal of aliens would pose a risk to national 
security. The judge, in the case of denial, shall prepare a 
written statement of the reasons therefor.
     If an order is issued under this section, the alien's 
rights regarding removal and expulsion shall be governed 
exclusively by this title. No other provisions of the Act shall 
apply, unless otherwise specified in this title.
     Section 505 (``Special removal hearings'') provides that 
an alien shall be given reasonable of the nature of the charges 
and of the time and place of the hearing, and a general account 
of the basis for the charges. The hearing shall be held 
expeditiously and by the same judge who granted the application 
for the special removal proceeding under section 504. The 
hearing shall be open to the public and the alien shall have 
the right to be represented by counsel. An alien unable to 
afford counsel shall have counsel assigned, in accordance with 
section 3006A of title 18. The alien may introduce evidence 
and, subject to section 506, may examine the evidence and 
cross-examine any witnesses. A verbatim record shall be kept 
and the decision shall be based only on the evidence at the 
hearing.
     An alien subject to proceedings under this section shall 
not be eligible for relief under section 208 (asylum), 243(h) 
(withholding of deportation), 244(a) (suspension of 
deportation), 244(e) (voluntary departure), 245 (adjustment of 
status), and 249 (registry).
     The Department of Justice or the alien may request the 
judge to compel by subpoena the attendance of witnesses and the 
production of books, papers, documents, or other objects. Such 
requests may be made ex parte, but the judge may reveal an 
alien's request to the Department of Justice if the witness or 
material requested by the alien would reveal evidence or the 
source of evidence which the Department of Justice has received 
permission to introduce in camera and ex parte under section 
505(e) or section 506.
     Section 505(e) provides that classified information shall 
be introduced in camera and ex parte and that neither the alien 
nor the public shall be informed of such evidence or its 
sources other than by reference to a summary of the evidence 
prepared in accordance with section 506(b). Electronic 
surveillance information obtained through the Foreign 
Intelligence Surveillance Act of 1978 shall not be disclosed to 
the alien. The United States shall retain the right to seek 
protective orders and assert privileges ordinarily available to 
the U.S. to protect against the disclosure of classified 
information, including the military and state secrets 
privileges. The Federal Rules of Evidence shall not apply to 
hearings under this title.
     At the end of the evidence, argument shall proceed with 
the Department of Justice opening and having final reply. 
Argument concerning evidence presented in camera and ex parte 
shall be heard under like circumstances. The Department has the 
burden to prove by clear and convincing evidence that the alien 
is an alien terrorist and thus subject to removal. If this 
burden is met, the judge shall order the alien detained pending 
removal and taken into custody if the alien had been released 
pending the hearing. The judge shall prepare a written order of 
findings of fact and conclusions of law, but shall not disclose 
to the public or the alien the source or substance of 
information received in camera and ex parte.
     Section 506 (``Consideration of classified information'') 
provides that the judge shall consider each item of classified 
information in camera and ex parte. The Department shall 
prepare a written summary of such classified information which 
summary does not pose a risk to the national security. The 
judge shall approve the summary if the judge finds that the 
summary is sufficient to inform the alien of the nature of the 
evidence and to permit the alien to prepare a defense; if the 
judge finds the summary insufficient, the Department shall have 
a reasonable opportunity to correct it.
     If the summary remains insufficient, the judge shall 
terminate the proceedings unless the judge finds that the 
continued presence of the alien or the provision of the summary 
would cause serious and irreparable harm to the national 
security or death or serious bodily injury to any person. If 
the judge makes these findings, the special removal proceeding 
shall continue, the alien shall be informed that no summary is 
possible, and the classified information submitted in camera 
and ex parte may be used pursuant to section 505(e).
     Section 506(c) provides special procedures for cases 
involving an alien lawfully admitted for permanent residence in 
which the judge determines that no summary of classified 
evidence may be provided to the alien. In such cases, the judge 
shall appoint a special attorney (see section 502(e)) to whom 
the classified information may be disclosed for purposes of 
representing the alien in an in camera proceeding on the 
evidence. The special attorney may not disclose the classified 
information to the alien or to any other attorney representing 
the alien, and is subject to a prison term of not less than 10 
nor more than 25 years in prison for violating these 
restrictions.
     Section 507 (``Appeals'') provides that the Department may 
seek review of a denial of an order to initiate a special 
removal hearing by filing an appeal within 20 days of the 
denial with the U.S. Court of Appeals for the D.C. Circuit. 
Either party may take an interlocutory appeal to the D.C. 
Circuit concerning evidentiary issues, including issues 
concerning the preparation and submission of a summary of 
classified information.
     The decision of the judge after the special removal 
hearing may be appealed by either the alien or the Department 
to the D.C. Circuit. In the case of an alien lawfully admitted 
for permanent residence who is denied a written summary of 
classified information under section 506(b)(4) and to whom the 
procedures under section 506(c) have been applied, there shall 
be an automatic appeal, unless waived by the alien. To the 
extent such an appeal concerns classified information, the 
special attorney appointed for the alien shall represent the 
alien.
     Appeals shall be filed within 20 days. The Court of 
Appeals shall hear the appeal as expeditiously as possible, and 
shall issue a decision within 60 days of the judge's final 
order. After the Court of Appeals decision, a petition for 
certiorari may be filed by either party to the Supreme Court. 
An appeal of an order of detention also shall be taken to the 
D.C. Circuit and shall be adjudicated in accordance with the 
provisions of sections 3145 through 3148 of title 18 regarding 
the review and appeal of a release or detention order, 
penalties for failure to appear or for committing a crime, and 
sanctions for violation of a release condition.
     Section 508 (``Detention and custody'') provides that the 
Attorney General may take into custody any alien against whom 
an application under section 503 has been filed to initiate 
special removal proceedings under this title. An alien lawfully 
admitted for permanent residence is entitled to a release 
hearing and may be released if the alien demonstrates that he 
is not likely to flee and that the release will not endanger 
national security or the safety of any person. An alien in 
detention under this title shall be entitled to reasonable 
opportunity to communicate with members of the alien's family 
or the alien's attorney, and to have contact with diplomatic 
officers of the alien's country of nationality.
     If the special removal judge denies the order sought for 
in an application under section 503, the alien shall be 
released from custody. If the Department seeks review of the 
denial, the judge shall impose the least restrictive conditions 
that will reasonable assure the appearance of the alien and 
that the release will not endanger the safety of any person or 
the community. If no such conditions exist, the alien shall 
continue to be detained.
     If after the hearing the judge decides that the alien 
should not be removed, the alien shall be released, unless the 
Attorney General takes an appeal, in which case the alien shall 
be detained subject to the conditions in section 3142 of title 
18. If after the hearing the judge decides that the alien is to 
be removed, the alien shall be detained pending judicial 
review.
     An alien ordered removed shall be removed to any country 
the alien shall designate. If the alien refuses to designate a 
country, or if removal to the designated country would impair 
an international obligation or adversely affect U.S. foreign 
policy, the removal shall be to any country willing to receive 
the alien. If no country is willing to receive the alien, the 
alien shall be detained. The Attorney General shall report to 
the alien's attorney every 6 months regarding efforts to find a 
country willing to accept the alien. An alien in this situation 
may be released by the Attorney General under such conditions 
as the Attorney General may prescribe. The removal of an alien 
ordered removed under this title may be delayed pending a 
criminal trial against the alien and the service of any 
sentence.
     This section also amends section 276(b) to provide that an 
alien terrorist removed under the provisions of this title or 
under subsection 235(c) who enters or attempts to enter the 
U.S. without the permission of the Attorney General shall be 
fined and imprisoned for 10 years.

Sec. 322--Funding for detention and removal of alien terrorists

     This section authorizes to be appropriated, in addition to 
amounts already appropriated, $5,000,000 for the purpose of 
detaining and deporting alien terrorists.

      Part 2--Exclusion and Denial of Asylum for Alien Terrorists

Sec. 331--Membership in a terrorist organization as ground of 
        inadmissibility

     This section amends section 212(a)(3)(B) of the INA to 
provide that an alien who is a representative or member of an 
organization that engages in or actively supports or advocates 
terrorist activity is excludable from the U.S.
     This section also amends section 212(a)(3)(B) by adding a 
new clause (iv), defining ``terrorist organization'' to mean a 
foreign organization designated in the Federal Register by the 
Secretary of State, in consultation with the Attorney General, 
based on a finding that the organization engages in or has 
engaged in terrorist activity that threatens the national 
security. Congress shall be notified at least 3 days prior to 
the published designation and has the authority to remove, by 
law, any such designation. The designation shall be effective 
for 2 years and may be renewed not earlier than 60 days prior 
to its expiration. The Secretary of State, in consultation with 
the Attorney General, may remove a designation at any time. The 
designation is subject to judicial review.
     This section also adds a new clause (v) to section 
212(a)(3)(B), defining ``representative'' to include an 
officer, official, or spokesman of the organization and any 
person who directs, counsels, commands, or induces the 
organization to engage in terrorist activity. The determination 
of the Secretary of State or Attorney General that an alien is 
a representative of a terrorist organization is subject to 
judicial review.

Sec. 332--Denial of relief for alien terrorists

    This section amends sections 243(h)(2) (withholding of 
deportation), 244(a) (suspension of deportation), 244(e)(2) 
(voluntary departure), 245(c) (adjustment of status), and 
249(d) (registry) to provide that an alien who is deportable 
under section 241(a)(4)(B) is not eligible for these forms of 
relief.

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

Sec. 341--Definition of stowaway

    This section amends section 101 of the INA 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.
    Comment:--``Stowaway'' is a term that has not previously 
been defined in the INA. Some passengers who board with valid 
tickets but destroy those tickets and other travel documents en 
route have been categorized as stowaways in the past. Current 
administrative practice limits the ``stowaway'' designation to 
passengers who have obtained passage without the consent of the 
carrier. Ordinarily, this will involve concealment on board the 
vessel, although it may on rare occasions result from failure 
to observe secure boarding procedures and allowing an illicit 
passenger who is plainly visible to obtain transport. This 
amendment is intended to codify the current administrative 
practice.
    The definition clarifies that the term ``stowaway'' does 
not apply to a passenger boarding with a ticket. The Committee 
is aware of the trend in the airline industry toward so-called 
``ticketless'' travel and does intend that the term ``ticket'' 
apply to any boarding pass or other authorization to travel 
validly obtained through such a ``ticketless'' system.

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

    This section amends section 231(a) to provide that carriers 
shall provide electronic manifests of persons arriving in the 
U.S., and that such lists include for each person transported 
the person's name, date of birth, gender, citizenship, and 
travel document number (if applicable). This provision shall be 
effective not later than 60 days after enactment.

                   Subtitle D--Additional Provisions.

Sec. 351--Definition of conviction

    This section amends section 101(a) of the INA to add a new 
paragraph (47), 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; (2) the judge has 
imposed some form of punishment or restraint on liberty; and 
(3) a judgment of guilt may be imposed without further 
proceedings on guilt or innocence of the original charge if the 
alien violates the term of probation or otherwise fails to 
comply with the court's order.

Sec. 352--Immigration judges and compensation

    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 Order 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.

Sec. 353--Rescission of lawful permanent resident status

    This section amends section 246(a) of the INA to clarify 
that the Attorney General is not required to rescind the lawful 
permanent resident status of a deportable alien separate and 
apart from the removal proceeding under section 240.

Sec. 354--Civil penalties for failure to depart

    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) to a $500 penalty 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.

Sec. 355--Clarification of district court jurisdiction

    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.

Sec. 356--Use of retired Federal employees for Institutional Hearing 
        Program

    This section permits the hiring of retired military or 
Federal civilian employees, with no reduction in retirement pay 
or annuity, for not longer than 24 months to perform duties in 
connection with the Institutional Hearing Program for removal 
of criminal aliens from the United States.

Sec. 357--Enhanced penalties for failure to depart, illegal reentry, 
        and passport and visa fraud

    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.

Sec. 358--Authorization of additional funds for removal of aliens

    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.

Sec. 359--Application of additional civil penalties to enforcement

    This section amends section 280(b) to provide for 
establishment of the ``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.

Sec. 360--Prisoner transfer treaties

    This section advises the President to negotiate and 
renegotiate bilateral prisoner transfer treaties to expedite 
the transfer to their countries of nationality of aliens 
unlawfully in the United States who are subject to 
incarceration. 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 Congress on whether each prisoner 
transfer treaty in force is effective in returning criminal 
aliens to their countries of nationality.

Sec. 361--Criminal alien identification system

    Subsection (a) amends section 130002(a) of the Violent 
Crimes Control and Law Enforcement Act of 1994 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.
    Subsection (b) provides that at the request of a governor 
of a State, the INS shall provide assistance in the 
identification of aliens unlawfully present in the United 
States.

Sec. 362--Waiver of exclusion and deportation ground for certain 
        section 274C violations

    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 in 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 and a family-sponsored 
or employment-based immigrant, and the violation was committed 
solely to assist the alien's spouse, parent, son, or daughter 
(and not another individual).
    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.

Sec. 363--Authorizing registration of aliens on criminal probation or 
        criminal parole

    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.

Sec. 364--Confidentiality provision for certain alien battered spouses 
        and children

    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 (other than to an 
officer of the Department of Justice for official and certain 
other designated purposes) 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)(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). 
(This prohibition also should extend to applications for 
cancellation of removal under new section 240A(b)(2)). 
Penalties are established for violations.

        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

Sec. 401--Strengthened enforcement of the employer sanctions provisions

    This section requires that the number of full-time INS 
Investigators be increased by 350 and that the new agents be 
assigned to investigate violations of the employer sanctions 
provisions of the INA.

Sec. 402--Strengthened enforcement of wage and hour laws

    This section requires the number of full-time Department of 
Labor Wage and Hour Division employees to be increased by 150 
and that the new agents be assigned to investigate violations 
in areas where there are high concentrations of undocumented 
aliens.

Sec. 403--Changes in the employer sanctions program

    Subsection (a) amends section 274A(b)(1)(B) of the INA to 
strike clauses (ii) through (iv). This eliminates three 
categories of documents that now can be used to establish both 
employment authorization and identity: certificate of 
citizenship, certificate of naturalization, and unexpired 
foreign passport stamped by Attorney General with employment 
authorization. After this amendment, only a United States 
passport, alien registration card, or other employment 
authorization document issued by Attorney General would be 
acceptable to establish both identity and work authorization.
    Subsection (a) also amends section 274A(b)(1)(C) of the INA 
to eliminate a birth certificate as a document that can be used 
to establish work authorization. Only a social security card 
would be acceptable for this purpose. Subsection (a) also 
amends section 274A(b)(2) to require that an individual being 
hired provide his or her social security number on the 
employment verification attestation form.
    Subsection (b) (``Employment Eligibility Confirmation 
Process'') amends subsections (a) and (b) of section 274A to 
require the development and use, on a pilot basis, of an 
employment eligibility confirmation mechanism.
    Section 274A(a)(3) currently provides a defense against 
liability for hiring an unauthorized alien if the employer has 
complied in good faith with the document-based employment 
verification system in section 274A(b). Under this subsection, 
section 274A(a)(3) is amended to state that if an employer who 
(1) employs more than 3 employees and (2) is subject to the 
pilot program in 274A(b)(7) does not obtain appropriate 
confirmation through the new mechanism of the identity, social 
security number, and work eligibility of an individual through 
this process, this defense does not apply. To preserve the 
defense, an employer must make an inquiry through the mechanism 
within 3 working days after the date of hiring, unless the 
confirmation mechanism has registered that not all inquiries 
were responded to during that time, in which case the inquiry 
can be made on the first subsequent working day in which the 
confirmation mechanism is responding to all inquiries. The 
employer also must receive a confirmation within a time to be 
specified in regulations by the Attorney General (but not to 
exceed 10 working days), in order to preserve the defense.
    Section 274A(b)(3) currently provides that the employer 
must retain for a period of 3 years the verification form 
completed by the employee. This subsection amends section 
274A(b)(3) to incorporate the requirements in amended section 
274A(a)(3) regarding use of the confirmation mechanism to 
verify the accuracy of information provided on the form, and to 
require that the employer retain both the verification form as 
well as the receipt of confirmation for at least 3 years after 
the date of hiring, recruiting, or referral of the employee. It 
will be unlawful for an employer with more than 3 employees to 
hire an individual without complying with the new confirmation 
mechanism set out in section 274A(b)(3).
    Section 274A(b)(6) is amended to require the Attorney 
General (or a designee that may include a private entity) to 
respond to inquiries by employers, through a toll-free 
telephone line or other electronic media, in the form of a 
confirmation code signifying whether or not an individual is 
authorized to be employed. The Attorney General shall establish 
expedited procedures to confirm the validity of information 
used under the confirmation mechanism in cases in which 
confirmation is sought but not provided by the mechanism. The 
confirmation mechanism shall be designed to maximize the 
reliability and ease of use of the confirmation process 
consistent with protecting the privacy and security of the 
underlying information, and to register all times when the 
system is not able to respond to all inquiries on whether 
individuals are authorized to be employed. The mechanism shall 
compare the name and social security account number and, in 
certain instances, the alien identification number, supplied by 
the new employee against records of the Social Security 
Administration and the INS to determine the validity of the 
information provided and whether or not the individual has 
presented a social security number or an alien number that is 
not valid for employment. The Attorney General shall provide a 
confirmation or tentative nonconfirmation within 3 working days 
of the initial inquiry. The Attorney General, in consultation 
with the Commissioner of Social Security and the Commissioner 
of INS, shall designate an expedited time period (not to exceed 
10 days) within which final confirmation or denial must be 
provided through the confirmation mechanism. No social security 
information may be disclosed or released.
    No individual shall be denied employment because of 
inaccurate or inaccessible data in the confirmation mechanism, 
and the Attorney General shall provide a timely and accessible 
process for challenging failures to confirm eligibility for 
employment. If an individual would not have been dismissed from 
a job but for an error of the confirmation mechanism, the 
individual is entitled to compensation through the mechanism of 
the Federal Tort Claims Act. The Attorney General also shall 
implement a program of testers and investigative activities to 
monitor and prevent unlawful discrimination through use of the 
mechanism. No person shall be civilly or criminally liable for 
any action taken in good faith reliance on information provided 
through the confirmation mechanism.
    A new section 274A(b)(7) is added to require that the new 
requirements for employers added in subsection (b) shall only 
be implemented (and tested for reliability and ease of use) 
through pilot projects in at least 5 of the 7 States with the 
highest estimated population of unauthorized aliens. The pilot 
projects shall be started within 6 months of the date of 
enactment, and shall terminate by no later than October 1, 
1999. The confirmation mechanism shall not be established in 
other States unless Congress so provides by law. The Attorney 
General shall issue annual reports, beginning in 1997, on the 
development and implementation of the mechanism in the pilot 
states. The reports may include information on whether the 
mechanism: is reliable and easy to use; limits to less than 1 
percent job loss due to inaccurate information; increases or 
decreases discrimination; protects individual privacy; and 
burdens employers with costs or administrative requirements.
    Subsection (c) amends section 274A(a) by adding a new 
paragraph (6), to reduce paperwork requirements for the 
subsequent employers of certain employees whose eligibility to 
work has been confirmed by a prior employer. This provision 
applies in the case of an individual who is employed under a 
collective bargaining agreement entered into with an 
association of two or more employers, whose prior employer has 
complied with the employment verification process, and whose 
subsequent employer is a member of the same multi-employer 
association. The period during which this deeming can take 
place is up to 5 years in the case of a United States national 
or an alien lawfully admitted for permanent residence, and 3 
years in the case of any other individual.
    If an employer who has taken advantage of this provision is 
found to have hired an unauthorized alien, that hiring shall be 
presumed to be a knowing hire in violation of section 274A(a). 
The employer may rebut the presumption by presentation of clear 
and convincing evidence.
    Subsection (d) strikes subsection (i) through (n) of 
section 274A, which are dated provisions.
    Subsection (e) sets forth effective dates for the 
amendments made by this section. In general, the amendments 
shall be effective not later than 180 days after the date of 
enactment. The amendments made in subsections (a)(1) and (a)(2) 
(regarding reductions in the number of documents that may be 
presented by new employees) shall be effective not later than 
18 months after enactment. The amendments made in subsection 
(c) (paperwork reduction) shall apply to all individuals hired 
on or after 60 days after enactment.
    In addition, the Attorney General shall within 180 days of 
enactment issue regulations which provide for electronic 
storage of the I-9 form, in satisfaction of the record 
retention requirements in section 274A(b)(3).

Sec. 404--Reports on earnings of aliens not authorized to work

    This section revises section 290(c) of the INA to require 
that the Social Security Administration (SSA) report to 
Congress on the number of social security numbers issued to 
aliens not authorized to be employed in the United States for 
which earnings were reported to the SSA. After January 1, 1996, 
if earnings are reported to the SSA for any such social 
security account number, the SSA shall report to the Attorney 
General the name and address of the person for whom the 
earnings were reported and the name and address of the person 
(employer) reporting the earnings.

Sec. 405--Authorizing maintenance of certain information on aliens

    This section amends section 264 of the INA to clarify that 
the Attorney General may require any alien to provide his or 
her social security number to include in any record of the 
alien.

Sec. 406--Limiting liability for certain technical violations of 
        paperwork requirements

    This section amends section 274A(e)(1) to provide that an 
employer shall not be considered to have been in violation of 
the verification requirements based upon a technical or 
procedural failure to meet a requirement unless the INS has 
explained the basis for the failure and given the employer 10 
business days to correct it, and the employer has not corrected 
the failure during that period.

Sec. 407--Unfair immigration-related employment practices

    Subsection (a) amends section 274B(g)(2) to require that 
employers subject to a final order for an immigration-related 
unfair employment practice be ordered to retain records for 
each person applying for employment for a period up to 3 years 
and be fined not less than $250 nor more than $2000 for each 
individual discriminated against.
    Subsection (b) amends section 274B(a)(6) by providing that 
in the case of an employee who has presented a time-limited 
work authorization document to satisfy section 274A(b)(1), an 
employer may request a document proving that employment 
authorization has been renewed. The amendment also provides 
that if the employer has reason to believe that an alien who 
has presented a document valid on its face is nevertheless an 
unauthorized alien, the employer may inform the employee of the 
questions regarding the document's validity and the employer's 
intention to verify its validity. If the verification confirms 
that the employee is unauthorized to work, the employee may be 
discharged with no benefits or rights accruing on the basis of 
the period employed.

              TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM

Sec. 500--Overview of new legal immigration system

    This section provides an overview of the legal immigration 
system that will be in effect beginning with fiscal year 1997.

                 Subtitle A--Worldwide Numerical Limits

Sec. 501--Worldwide numerical limitation on family-sponsored immigrants

     This section amends section 201(c) to provide for a 
worldwide level for family-sponsored immigrants of 330,000. 
This level is to be reduced (but not below 110,000) for each 
fiscal year by the number of spouses and children of citizens 
admitted as immigrants in the previous fiscal year. There will 
be no limit on admission of spouses and children of citizens. 
The number of visas available to spouses and children of lawful 
permanent residents would not go below 85,000, and the number 
for parents of United States citizens would not go below 
25,000. Any excess in family immigration above 330,000 would 
come from other unused immigrant visas.
     Reductions for excess family-based admissions would be 
computed in the following manner. The number of excess family 
admissions is the extent to which the number of family-based 
immigrant visas exceeded 330,000 in a given fiscal year. This 
excess would first be offset by the number of unused immigrant 
visas in that year in the employment-based categories. If any 
excess remained (``net excess''), the worldwide family level 
for the following fiscal year would be reduced by the amount of 
the net excess (but not below 110,000: 85,000 for the spouses 
and children of lawful permanent residents, and 25,000 for the 
parents of citizens). If any excess still remained (``remaining 
excess''), there would be reductions during the following 
fiscal year of up to half of the otherwise available visas in 
the category for investors (total available = 10,000). Any 
remaining excess (``carryforward excess'') would be carried 
over into the calculations for subsequent fiscal years and 
would be drawn down by similar borrowing in following fiscal 
years from the investor category.

Sec. 502--Worldwide numerical limitation on employment-based immigrants

     This section amends section 201(d) to provide that the 
worldwide level for employment-based immigrants is 135,000. 
This number may be reduced by the number of investor visas (not 
to exceed 5,000) used to offset excess family admissions (see 
section 501), and also by the number of visas (not to exceed 
5,000) made available under section 512 to meet excess demand 
in the category for adult sons and daughters.

Sec. 503--Worldwide numerical limitation on diversity immigrants

     This section amends section 201(e) to provide that the 
worldwide level of diversity immigrants is 27,000 for each 
fiscal year.

Sec. 504--Establishment of numerical limitations on humanitarian 
        immigrants

     This section amends subsections (a)(4) and (f) of section 
201 to provide a worldwide level of humanitarian immigrants 
equal to 70,000 for each fiscal year (95,000 for FY 1997). The 
worldwide level shall be reduced by the number of aliens (not 
to exceed 50,000, or 75,000 in FY 1997, unless the number is 
increased by Congress) who were admitted as non-emergency 
refugees under section 207 in the previous year, by the number 
of aliens granted asylum who adjusted status under section 
209(b) in the previous year, and by the number of aliens who 
were granted relief under suspension of deportation (current 
section 244(a)), section 240A (cancellation of removal) and 249 
(registry) in the prior fiscal year.

Sec. 505--Requiring congressional review and reauthorization of 
        worldwide levels every 5 Years

     This section amends section 201 by adding a new subsection 
(g), providing that each fifth fiscal year starting in 2004, 
the Congress, after thorough review of appropriate immigration 
levels by the Committees on the Judiciary of the House and the 
Senate, shall authorize by law the worldwide levels to apply 
beginning with the second subsequent fiscal year (i.e., FY 
2006). The worldwide levels specified previously in section 201 
are applicable only for the period of such authorization.

                Subtitle B--Changes in Preference System

Sec. 511--Limitation of immediate relatives to spouses and children

     This section amends section 201(b)(2)(A) to substitute the 
phrase ``spouses and children of a citizen of the United 
States'' in place of ``immediate relatives.''
     This section also adds a new subsection (i) to section 
204, to provide that the age of an alien child being issued an 
immigrant visa as a nuclear family member shall be determined 
as of the date of the filing of a classification petition under 
section 204(a)(1). This is to prevent such children from 
``aging out'' of eligibility to immigrate if they turn 21 while 
waiting for a visa to become available.

Sec. 512--Change in family-sponsored classification

     Subsection (a) amends section 203(a) by striking 
paragraphs (1) through (4) (the current family-sponsored 
preference categories) and inserting new paragraphs (1), (2), 
and (3).
     Section 203(a)(1) defines as the first family-sponsored 
preference category the spouses and children of aliens lawfully 
admitted for permanent residence. The number for this category 
is not to exceed 85,000, plus any unused visas in the second 
category.
     Section 203(a)(2) defines the second family-sponsored 
preference category as the parents of U.S. citizens. The number 
of visas assigned to this category is the lesser of 45,000 or 
the number by which the worldwide level calculated under 
amended section 201(c) exceeds 85,000, but shall not be less 
than 25,000. Such aliens may only be admitted if they meet 
certain insurance requirements in new section 212(a)(4)(D).
     Section 203(a)(3) defines the third family-sponsored 
preference category as the adult sons and daughters of either a 
citizen of the United States or of a lawful permanent resident, 
provided that the son or daughter is less than 26 years of age, 
never-married, childless, and eligible, but for the residence 
requirements, to be declared as a dependent for Federal income 
tax purposes. The number of visas available for this category 
shall be the lesser of 5,000 or the number by which the 
worldwide family level exceeds the sum of 85,000 plus the 
number of visas used for parents of U.S. citizens under section 
203(a)(2). If the demand for such visas exceeds 5,000 (or the 
lesser number referred to in the previous sentence), up to 
5,000 additional visas may be made available by reducing the 
number of visas in the employment-based categories in 
proportion to the visa numbers allocated for each of those 
categories. A son or daughter admitted under this category 
shall be admitted on a conditional basis. The Attorney General 
shall issue regulations for the removal of conditional status 
similar to those set forth in section 216A. An alien in such 
status must demonstrate that he or she met the requirements for 
admission in this category on the date of approval of the 
alien's classification petition.
     Subsection (b) amends section 212(a)(4) (the public charge 
ground for inadmissibility, as amended by section 621 of H.R. 
2202) by adding a new subparagraph (D). This provision requires 
that an alien who seeks admission as a parent must demonstrate 
to the satisfaction of the Attorney General and the consular 
officer that the alien will have adequate health insurance 
comparable to that provided under the Medicare program (title 
XVIII) of the Social Security Act), and long-term health 
coverage comparable to that provided under the Medicaid program 
(title XIX). In making this determination, the Attorney General 
shall take into account the age of the parent and the 
likelihood of the parent securing health insurance through 
employment.

Sec. 513--Change in employment-based classification

     Subsection (a) amends section 203(b) by striking 
paragraphs (1) through (5) (the current employment-based 
preference categories) and inserting new paragraphs (1) through 
(6).
     Paragraph (1) defines as the first employment-based 
preference category aliens with extraordinary ability, and 
assigns to this category visas not to exceed 15,000. This 
category includes aliens currently defined in section 
203(b)(1)(A).
     Paragraph (2) defines as the second employment-based 
preference category aliens who are outstanding professors and 
researchers or multinational executives and managers, and 
assigns to this category visas not to exceed 30,000, plus any 
visas not required under paragraph (1). This category includes 
aliens currently defined in section 203(b)(1)(B) and (C).
     Paragraph (3) defines as the third employment-based 
preference category aliens who are members of the professions 
holding advanced degrees or aliens of exceptional ability, and 
assigns to this category visas not to exceed 30,000, plus any 
unused visas from the previous categories. This category 
includes aliens currently defined in section 203(b)(2) as 
members of the professions holding advanced degrees or aliens 
of exceptional ability.
     Aliens admitted under paragraph (3) are subject to the 
labor certification requirement under section 212(a)(5)(A). 
This requirement may be waived in the national interest if such 
action is necessary to substantially benefit the national 
defense, national security, or law enforcement; health care, 
housing, or educational opportunities in a low-income 
population or in an underserved area; economic or employment 
opportunities for a specific industry or geographic area; the 
development of new technologies; or environmental protection or 
the productive use of natural resources. An alien admitted on 
such a waiver must engage in a specific undertaking to advance 
one or more of these interests.
     Paragraph (4) defines as the fourth employment-based 
preference category skilled workers and professionals, and 
assigns to this category visas not to exceed 45,000, plus any 
unused visas from the previous categories. Under subparagraph 
(B), an alien is a skilled worker if the alien is capable of 
performing skilled labor requiring at least 2 years training or 
experience, not of a temporary or seasonal nature, for which 
qualified workers are not available in the United States, and 
who has a total of 4 years of training or experience (or both) 
with respect to such labor. Under subparagraph (C)(i), an alien 
is a professional if the alien holds a baccalaureate degree and 
has at least 2 years experience in the profession after such 
degree. Under subparagraph (C)(ii), an alien who is a teacher 
and has within the previous 5 years at least 2 years of 
experience teaching a language other than English full-time 
also may be admitted as a professional if the alien is seeking 
admission to teach such language at an accredited elementary or 
middle school. A labor certification under section 212(a)(5)(A) 
also is required for immigrants under this paragraph.
    Paragraph (5) defines as the fifth employment-based 
preference category investors seeking admission for the purpose 
of engaging in a new commercial enterprise in which the alien 
has invested $1 million and will employ full-time not less than 
10 U.S. citizens or lawful permanent residents. Visas assigned 
are not to exceed 10,000, less the reduction provided in 
section 201(c)(5)(A) for excess family-based admissions. This 
section also provides for establishment of a pilot program to 
permit in fiscal years 1997 and 1998 the issuance of 2,000 of 
these investor visas to immigrants willing to invest $500,000 
in an enterprise that will employ 5 full-time employees. The 
Attorney General shall submit a report to Congress in 1998 on 
the operation of this pilot program, with recommendations.
    Paragraph (6) defines as the sixth employment-based 
preference category qualified special immigrants defined in 
section 101(a)(27), with 5,000 assigned visas, not more than 
4,000 of which may be issued to special religious workers under 
section 101(a)(27)(C)(ii)(II) or (III).
    Paragraph (7) is the new designation for current paragraph 
(6), dealing with special K immigrants.
    Paragraph (8) provides that work experience as an 
unauthorized alien shall not be taken into account in 
calculating the experience required under this subsection.
    Subsection (b) adds a new section 216B to the INA, under 
which the provisions of section 216A regarding conditional 
permanent resident status shall apply to foreign language 
teachers admitted under section 203(b)(3)(C)(ii). Such teachers 
shall remain in conditional status for a period of five years, 
less the number of years the teacher spent teaching a language 
other than English full-time at the elementary or middle school 
level during the 5 years immediately prior to obtaining 
conditional permanent resident status.

Sec. 514--Changes in diversity immigrant program

    Subsection (a) amends section 203(c)(1)(B)(ii) to provide 
that the Attorney General shall identify, within each region, 
the 10 states which had the highest number of registrants for 
the diversity immigrant program between October 1, 1994 and 
September 30, 1996, and which are not high-admission states. 
This subsection also amends section 203(c)(1)(E) to provide 
that only natives of these 10 states in each region are 
eligible for diversity visas.
    Subsection (b) amends section 203(c)(1)(F) to strike the 
designation of Northern Ireland as a separate foreign state and 
by treating Mexico as part of North America.
    Subsection (c) amends section 203(c)(2) to provide that an 
alien is not eligible for a diversity visa unless the alien has 
a verified job offer in the United States; at least a high 
school education or its equivalent; and at least two years 
experience in an occupation which requires 2 years of training.
    Subsection (d) amends section 203(c) by adding a new 
paragraph (4), providing that the Secretary of State may set 
fees for processing applications and issuing visas under the 
diversity program, and adding a new paragraph (5), providing 
that no alien who is unlawfully present in the United States at 
the time of filing an application, or has been unlawfully 
present within the previous 5 years or at any time subsequent 
to the application, is eligible for a diversity visa.

Sec. 515--Authorization to require periodic confirmation of 
        classification petitions

    Subsection (a) amends section 204(b) to add a new paragraph 
(2) providing that the Attorney General may provide that an 
approved classification petition shall expire not less than two 
years after the date of approval unless the petitioner files a 
prescribed form to reconfirm the continued intention of the 
petitioner to seek admission of the alien and to update the 
contents of the petition.
    Subsection (b) provides that, with exceptions to ensure 
that no previously-filed petition expires before October 1, 
2000, the amendments made by subsection (a) shall not apply to 
classification petitions filed before October 1, 1996.

Sec. 516--Changes in special immigrant status

    Subsection (a) repeals certain obsolete special immigrant 
provisions.
    Subsection (b) amends section 101(a)(27) to provide special 
immigrant status for certain NATO civilian employees.
    Subsection (c) adopts a conforming amendment to section 
101(a)(15)(N) regarding nonimmigrant status for certain parents 
of special immigrant children.
    Subsection (d) amends section 101(a)(27)(C)(ii) to extend 
the sunset date for the religious worker special immigrant 
category to FY 2005.
    Subsection (e) makes additional conforming amendments.
    Subsection (f) provides that, unless otherwise specified, 
the amendments made by this section shall be effective on the 
date of enactment.

Sec. 517--Requirements for removal of conditional status of 
        entrepreneurs

    Subsection (a) revises section 216A(b)(1)(B)(ii) to provide 
that the conditional permanent resident status of an alien 
entrepreneur may be terminated if it is determined that the 
alien did not invest the requisite capital and employ the 
requisite number of employees throughout substantially the 
entire period [up to 2 years] since the alien's admission. A 
good faith exception is provided for an alien who attempts to 
meet the capital investment and employment requirements but is 
unable to do so due to circumstances beyond the alien's 
control. For such an alien, the period for applying for removal 
of conditional status and for terminating such status shall be 
extended for up to 3 years to enable to alien to meet the 
capital and employment requirements for a period of 2 years.
    Subsection (b) provides that the amendments in this section 
shall apply to aliens admitted on or after the date of 
enactment.

Sec. 518--Adult disabled children

    This section amends the definition of ``child'' in section 
101(b)(1) to include the child of a citizen or lawful permanent 
resident, regardless of age, who has never been married, and 
who has a severe mental or physical impairment which is likely 
to continue indefinitely and causes substantially total 
inability to perform functions necessary for independent 
living. A child may not be considered disabled unless the 
physical or mental impairment is being ameliorated to the 
maximum extent reasonably possible given the resources of the 
child and the parent.

Sec. 519--Miscellaneous conforming amendments

    Subsection (a) makes various conforming amendments relating 
to the striking of the term ``immediate relative'' to describe 
an immigrant visa category.
    Subsection (b) makes a number of conforming amendments for 
family-sponsored immigrants. This subsection also revises 
paragraph (4) of section 202(a) to provide that 75 percent of 
the visas available to family-sponsored immigrants in the new 
first preference category (spouses and children of aliens 
lawfully admitted for permanent residence) shall not be subject 
to the per-country levels in paragraph of section 202(a)(2). 
If, for a particular foreign state or dependent area, the 
number of aliens admitted in the first preference category 
exceeds the per country level, then for purposes of the 
operation of section 202(e), all visas shall be deemed to have 
been required for the first preference category. No visas then 
would be available for the second preference category 
(parents).
    Subsection (c) makes a number of conforming amendments 
relating to employment-based immigrants, including special K 
immigrants.

       Subtitle C--Refugees, Parole, and Humanitarian Admissions

Sec. 521--Changes in refugee annual admissions

    Subsection (a) amends paragraphs (1) and (2) of section 
207(a) to provide that the number of annual refugee admissions 
designated by the President may not exceed 75,000 in fiscal 
year 1997 or 50,000 in any succeeding fiscal year. The number 
may exceed these limits if Congress by law provides for a 
higher number.
    Subsection (b) amends section 207(b) and section 
207(d)(3)(B) to strike the modifier ``unforeseen'' before the 
word ``emergency.'' The effect of this change is to enable the 
President to exercise the authority to admit refugees on an 
emergency basis regardless of whether the specific emergency 
was foreseen or unforeseen.
    Subsection (b) also amends section 207(d)(1) to require 
that the President shall report before June 1 of the preceding 
fiscal year to the Judiciary Committees of the House and Senate 
on the foreseeable number of refugees requiring resettlement. 
It also amends section 207(e) to require that the consultation 
with respect to the admission of refugees shall occur before 
July 1 of the preceding fiscal year and in the case of 
emergency refugee admissions, not later than 30 days after the 
President proposes such admissions.
    The Committee intends that the President's determination of 
the annual number of refugee admissions as described in 
subsection (a)(1) occur after the consultation process 
prescribed in section 207(d)(1). Only in this way will the 
consultation process serve its intended purpose of giving 
Congress a meaningful role in establishing refugee policy. In 
the absence of an emergency, the President's determination 
shall not exceed the target established in section 207(a), 
although the President can request that Congress raise that 
target level be raised.

Sec. 522--Persecution for resistance to coercive population control 
        methods

    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.
    Further explanation of this provision is set forth in the 
preceding discussion of the provisions of H.R. 2202.

Sec. 523--Parole available only on a case-by-case basis for 
        humanitarian reasons or significant public benefit

    Subsection (a) amends section 212(d)(5) to provide that the 
Attorney General may on a case-by-case basis parole an alien 
into the United States temporarily only for an urgent 
humanitarian reason (limited to medical emergencies or the 
imminent death of a family member) or for a reason deemed 
strictly in the public interest (limited to cases where the 
alien's presence is required as a witness or the alien has 
assisted the United States Government and the alien's life 
would be threatened if not permitted to be in the United 
States; or to cases where the alien is to be prosecuted in the 
United States for a crime). The Attorney General shall submit a 
report not later than 90 days after the end of each fiscal year 
reporting on the number and status of aliens paroled.
    Subsection (b) makes these changes effective to individuals 
paroled into the U.S. on the first month beginning more than 60 
days after the date of enactment.

Sec. 524--Admission of humanitarian immigrants

    This section amends section 203(c) to provide for the 
admission, subject to the worldwide level specified in section 
201(e) (as amended by section 503 of this bill), of qualified 
immigrants of special humanitarian concern to the U.S. Such 
immigrants shall be selected on a case-by-case basis after 
having been identified for potential eligibility by the 
Attorney General. One acceptable use of this visa might be in a 
particularly egregious case of battery, where the battered 
alien may not otherwise qualify for relief under the INA. It is 
contemplated that the Attorney General will have the discretion 
to defer adverse action against a candidate for a humanitarian 
visa (who is otherwise deportable) for a short period of time 
until a humanitarian visa becomes available.
    An alien who is a refugee is not entitled to admission as a 
humanitarian immigrant unless there are compelling reasons in 
the public interest to admit the alien under this provision 
rather than under section 207.
    This section also limits issuance of humanitarian visas to 
50 percent of a single foreign state's (or 15 percent of a 
dependent area's) allotted level of immigrant visas. The 
Attorney General may waive the public charge ground of 
inadmissibility in the case of a humanitarian immigrant.

                       Subtitle D--Asylum Reform

Sec. 531--Asylum reform

    This section will amend section 208 of the Immigration and 
Nationality Act.
    Section 208(a) provides that any alien who is physically 
present in the United States or at the border of the United 
States, regardless of status, is eligible to apply for asylum. 
However, an alien is not eligible to apply if the Attorney 
General determines that the alien can be returned to a country 
(other than the alien's country of nationality or 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. The Attorney General may, however, permit 
such an alien to apply if it is in the public interest for the 
alien to be granted asylum in the United States. An alien also 
is not eligible to apply if the alien has not filed an 
application within 30 days of arriving in the United States, or 
if the alien has previously applied for and been denied asylum; 
these bars do not apply if the alien demonstrates the existence 
of fundamentally changed circumstances which affect the 
applicant's eligibility for asylum. A determination by the 
Attorney General that an alien is ineligible to apply for 
asylum due to one of these enumerated reasons is not subject to 
judicial review.
    In applying the time deadline in section 208(a), the 
Committee expects that the Attorney General will promulgate a 
form of application for asylum in which the applicant will be 
required to present only a brief statement of his or her claim, 
and which can be completed by the applicant in a brief period 
of time, with minimal assistance. Further presentation of the 
details of the applicant's claim would be presented prior to or 
at the time of the interview by the asylum officer.
    Subsection (b) provides that asylum may be granted to an 
alien who meets the definition of a refugee under section 
101(a)(42) of the INA. Asylum may not be granted to an alien 
who has engaged in persecution of others, has been convicted of 
a particularly serious crime (including an aggravated felony), 
has committed a serious non-political crime outside of the 
U.S., is regarded on reasonable grounds as a danger to national 
security, is inadmissible on national security or terrorist 
grounds, or has been firmly resettled in another country. The 
Attorney General may designate by regulation additional 
limitations and conditions on eligibility for asylum. A spouse 
or child of an alien granted asylum, if accompanying or 
following to join such alien, may be given the same status.
    Subsection (c) provides that an alien granted asylum shall 
not be removed to his country of nationality or last habitual 
residence, shall be granted authorization to work, and may be 
allowed to travel abroad with prior consent of the Attorney 
General. This subsection 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 third country where the alien would receive 
asylum or other temporary protection; 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. A 
determination that asylum should be terminated is not subject 
to judicial review. An alien whose asylum is terminated is 
subject to any applicable ground of inadmissibility or 
deportation.
    Subsection (d) provides that the Attorney General shall 
establish procedures for considering applications for asylum. 
The applicant must submit fingerprints and a photograph. An 
applicant is not entitled to be employed and, unless otherwise 
authorized to be employed, cannot be granted permission to work 
until at least 180 days after the filing of the asylum 
application. The Attorney General may charge a fee for asylum 
applications, and may provide for payment over time or in 
installments. The alien shall be provided at the time of 
application a notice of the consequences of knowingly filing an 
application for asylum that is frivolous (including an 
application that contains a willful misrepresentation of a 
material fact), as well as a current list of attorneys willing 
to represent asylum applicants on a pro bono basis.
    Subsection (d) also provides that the asylum procedures 
shall include the following: that asylum cannot be granted 
until the identity of the applicant is checked against all 
appropriate records maintained by the Attorney General and the 
Secretary of State, including the Automated Visa Lookout 
System, to determine if the alien is inadmissible or deportable 
from the U.S.; that in the absence of exceptional circumstances 
the initial interview on the asylum application shall take 
place within 45 days of the application and the administrative 
adjudication (not counting administrative appeal) concluded 
within 180 days; that administrative appeals are to be filed 
within 30 days of initial decision; and that an application may 
be dismissed if the alien fails to appear for a scheduled 
hearing or interview without advance notice or in the case of 
exceptional circumstances. 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.

Sec. 532--Fixing numerical adjustments for asylees at 10,000 each year

    This section amends section 209(b) to provide that not more 
than 10,000 persons who have been granted asylum may in any one 
year adjust to the status of an alien lawfully admitted for 
permanent residence.

Sec. 533--Increased resources for reducing asylum application backlogs

    This section authorizes the temporary employment, without 
reduction in retired pay, retainer pay, or annuity, of former 
members of the Armed Forces or retired employees of the Federal 
Government to adjudicate applications for asylum pending as of 
the date of enactment. This section also authorizes, subject to 
the availability of appropriations, an increase to 600 in the 
number of asylum officers by FY 1997.

       Subtitle E--General Effective Dates; Transition Provisions

Sec. 551--General effective date

    The amendments made by this title, unless otherwise 
specified, shall take effect October 1, 1996, and apply 
beginning with fiscal year 1997.

Sec. 552--General transition for current classification petitions

    This section provides for transition of current 
classification petitions to the amendments made by this title. 
Under subsection (a), any petition filed before October 1, 
1996, for immediate relative status under section 201(b)(2)(A) 
(as in effect before October 1, 1996), shall be deemed to be an 
application for status under amended section 201(b)(2)(A) 
(spouse or child) or under amended 203(a)(2) (parent). A 
petition filed for preference status under existing section 
203(a)(2) (spouse or child of a lawful permanent resident) 
shall be deemed on October 1, 1996, to be a petition under 
amended section 203(a)(1).
    Under subsection (b), similar transition is made for 
petitions for employment-based visas filed prior to October 1, 
1996.
    Under subsection (c), when an immigrant holding an 
unexpired immigrant visa issued before October 1, 1996, makes 
application for admission, the immigrant's admissibility under 
section 212(a)(7)(A) shall be determined as of the date the 
visa was issued.
    Subsection (d) provides that nothing in this title shall be 
construed to affect the following provisions: section 2(c)(1) 
of the Virgin Islands Nonimmigrant Alien Adjustment Act of 1982 
(Pub. L. 97-271) (waiving application of numerical limitations 
to aliens who adjust immigration status under that Act); 
section 202(e) of the Immigration Reform and Control Act of 
1986 (Pub. L. 99-603) (Cuban-Haitian adjustments); and section 
19 of the Immigration and Nationality Act Amendments of 1981 
(Pub. L. 97-116).

Sec. 553--Special transition for certain backlogged spouses and 
        children of lawful permanent resident aliens

    This section provides that in addition to immigrant visas 
otherwise available, a number of immigrant visas shall be 
available in each year from 1997 to 2001 for aliens who have 
petitions approved for classification as spouses or minor 
children of lawful permanent residents. The number of such 
additional visas shall be the greater of 50,000, or 20 percent 
of the number of aliens for whom petitions are pending at the 
beginning of the fiscal year, and with respect to whom the 
petitioning alien became a lawful permanent resident under 
section 210 (Special Agricultural Worker legalization) or 245A 
(legalization).
    The additional visas shall be available in the order in 
which the petition for classification of the alien has been 
filed with the Attorney General, and shall first be available 
to the spouses and children of lawful permanent residents who 
did not gain that status under the legalization (section 245A) 
or special agricultural worker (section 210) programs. The per 
country numerical limitations of section 202 shall not apply 
with respect to the additional visa numbers made available 
under this section. The Attorney General shall submit a report 
to Congress by April 1, 2001, on the operation of this section 
and whether it will result in visas being made available on a 
current basis by October 1, 2001.

Sec. 554--Special treatment of certain disadvantaged family first 
        preference immigrants

    This section provides that the per country numerical 
limitations in section 202(a) shall not apply in the last half 
of fiscal year 1996 to the extent necessary to ensure that the 
priority date for an alien classified as an unmarried son or 
daughter of a citizen is not earlier than the priority date for 
aliens classified as unmarried sons and daughters of aliens 
lawfully admitted for permanent residence.
    This section also provides that additional visa numbers 
shall be available in fiscal year 1997 without regard to per 
country numerical limitations for alien sons and daughters of 
citizens for whom a preference petition was approved as of 
September 30, 1996, and whose priority date was earlier than 
the priority date for alien sons and daughters of lawful 
permanent resident aliens of the same nationality for whom a 
petition had been approved on that date.

Sec. 555--Authorization of reimbursement of petitioners for eliminated 
        family-sponsored categories

    Subsection (a) provides that there shall be a procedure to 
reimburse, subject to appropriations, all fees required to be 
paid under the INA by a petitioner for a family-sponsored visa 
in a category eliminated by this bill, provided that the visa 
has not been issued and the petition has not been disapproved.
    Subsection (b) authorizes the appropriation of funds 
necessary to carry out this section.

         TITLE VI--RESTRICTIONS ON BENEFITS FOR ILLEGAL ALIENS

Sec. 600--Statements on national policy concerning welfare and 
        immigration

    This section states national policy with respect to welfare 
and immigration.

     Subtitle A--Eligibility of Illegal Aliens for Public Benefits

                   Part 1--Public Benefits Generally

Sec. 601--Making illegal aliens ineligible for public assistance, 
        contracts, and licenses

    Subsections (a) and (b) provide that aliens not lawfully 
present in the United States are ineligible to receive benefits 
under any means-tested program provided or funded, in whole or 
in part, by the Federal or State Governments and also are 
ineligible to receive any grant, to enter into any contract or 
loan agreement, or to be issued or have renewed any 
professional or commercial license, provided or funded by the 
Federal or State Governments.
    Subsection (c) provides that Federal agencies must require 
applicants to provide sufficient proof of identity to receive a 
Federal contract, grant, loan, or license, or the following 
types of public assistance: supplemental security income (SSI); 
Aid to Families with Dependent Children (AFDC); social services 
block grants; Medicaid; Food Stamps; or housing assistance. 
Proof of identity is limited to showing the following 
documents: a United States passport (either current or expired 
if issued within the previous 20 years and after the individual 
has reached the age of 18); a resident alien card; or a State 
driver's license or identity card, if presented with the 
individual's social security card.
    Subsection (d) authorizes State agencies to require proof 
of eligibility to receive State assistance.
    Subsection (e) provides exceptions to the limitations in 
subsections (a) and (b) in the case of an alien who (or whose 
child) has been battered or subject to extreme cruelty. The 
alien must have applied (or apply within 45 days of the initial 
application for benefits) for family-sponsored immigration 
status or classification, or cancellation of removal and 
adjustment of status, or the alien must be the beneficiary of a 
petition for family-sponsored immigration or classification. 
The exception terminates if no application setting forth a 
prima facie case for such immigration benefits has been filed 
or when an application is denied.
    The rationale behind this provision is straightforward: 
aliens who are in the U.S. illegally should not be entitled to 
receive any of the privileges or benefits of membership in 
American society. It is unfair to citizens and legal residents 
to allow illegal aliens to access public benefits.
    No aspect of illegal immigration angers the American people 
more than illegal aliens using taxpayer-funded public benefits. 
Poll after poll shows that the American people are tired of 
footing the bill for those who are in the country illegally. 
The passage of Proposition 187 in California, and other similar 
movements in Florida and Arizona are evidence of this. While 
the availability of public benefits may not be the chief magnet 
that draws illegal aliens to the U.S., it is certainly one of 
the most powerful. As a matter of national immigration policy, 
Congress must remove all of the possible incentives that may 
lure illegal aliens to either come to or stay in the U.S. The 
Committee believes that, to thoroughly combat illegal 
immigration, illegal aliens must not be given taxpayer-funded 
public benefits at any level--Federal, State or local.
     The prohibition on Federal, State and local contracts, 
grants, loans, licenses, and welfare assistance as contained in 
this section is not intended to address the issue of alien 
eligibility for a basic public education as determined by the 
U.S. Supreme Court in Plyler v. Doe.125
    \125\ Plyler v. Doe, 457 U.S. 202, 102 S.Ct. 2382, 72 L.Ed.2d 786 
(1982).
---------------------------------------------------------------------------

Sec. 602--Making unauthorized aliens ineligible for unemployment 
        benefits

    This section provides that aliens are ineligible for 
unemployment benefits payable in whole or in part out of 
Federal funds to the extent such benefits are attributable to 
any employment for which the alien had not had authorization. 
Benefits providers must make such inquiries as may be necessary 
to assure that applicants are eligible.

Sec. 603--General exceptions

    This section provides that sections 601 and 602 shall not 
apply to the provision of emergency medical services, public 
health immunizations, short-term emergency relief, school lunch 
programs, child nutrition programs, and family violence 
services.
    The allowance for treatment of communicable diseases is 
very narrow. The Committee intends that it only apply where 
absolutely necessary to prevent the spread of such diseases. 
This is only a short term measure until the deportation of an 
alien who is unlawfully present in the U.S. It is not intended 
to provide authority for continued long-term treatment of such 
diseases as a means for illegal aliens to delay their removal 
from the country. However, it is the Committee's intent to give 
public health providers the ability, within the scope of their 
professional judgment, to treat individuals who might have, or 
require immunization against, communicable diseases. So long as 
that judgment was made in good faith it is intended to fall 
within the exception for immunizations, testing, and treatment 
for communicable diseases. Furthermore, this exception is also 
intended to permit health care providers to examine patients 
sufficient to determine whether testing, treatment, or 
immunization is appropriate.
    The allowance for emergency medical services under Medicaid 
is very narrow. The Committee intends that it only apply to 
medical care that is strictly of an emergency nature, such as 
medical treatment administered in an emergency room, critical 
care unit, or intensive care unit. The Committee does not 
intend that emergency medical services include pre-natal or 
delivery care assistance that is not strictly of an emergency 
nature as specified herein. The Committee intends 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.

Sec. 604--Treatment of expenses subject to emergency medical services 
        exception

    Subsection (a) provides that, subject to advance 
appropriations, a State or local government that provides 
emergency medical services through a public hospital (including 
through a contract with another hospital or facility) to an 
illegal alien is entitled to receive payment from the Federal 
Government for the costs of the services, but only to the 
extent that such costs are not reimbursed through any other 
Federal program and cannot be recovered from the alien or 
another person. Reimbursement also may be made to a hospital 
eligible for additional payment adjustment under section 
1886(d)(5) of the Social Security Act.
    Subsection (b) provides that no payment shall be made 
unless the identity and immigration status of the alien has 
been verified with the INS. Subsection (c) provides that the 
program shall be administered by the Attorney General in 
consultation with the Secretary of Health and Human Services. 
Subsection (d) provides that subsection (a) shall not apply to 
emergency medical services furnished before October 1, 1995.

Sec. 605--Report on disqualification of illegal aliens from housing 
        assistance programs

    This section provides that the Secretary of Housing and 
Urban Development shall submit a report within 90 days to 
certain committees of Congress describing the manner in which 
the Secretary is enforcing section 214 of the Housing and 
Community Development Act of 1980.

Sec. 606--Verification of student eligibility for postsecondary federal 
        student financial assistance

    This section provides that no student shall be eligible for 
postsecondary Federal student financial assistance unless the 
student has certified that he or she is a citizen or national 
of the United States, or an alien lawfully admitted for 
permanent residence, and the Secretary of Education has 
verified such status through a procedure determined by the 
Attorney General.

Sec. 607--Payment of public assistance benefits

    This section provides that in carrying out the provisions 
of this part, payment of means-tested benefits identified in 
section 601 (other than those exempted by section 603) shall be 
made only through an individual or person who is not ineligible 
to receive such benefits under section 601.

Sec. 608--Definitions

    This section provides that for purposes of this title, an 
alien shall not be considered lawfully present in the U.S. 
merely because the alien may be considered to be permanently 
residing in the United States under color of law for purposes 
of any particular program.

Sec. 609--Regulations and effective dates

    This section requires that the Attorney General issue 
regulations carrying out this subpart (other than section 605) 
within 60 days of enactment. The Attorney General shall apply 
section 601 to assistance provided, contracts or loan 
agreements entered into, and professional and commercial 
licenses issued or renewed at least 30 and not more than 60 
days after the date the regulations are first issued, but may 
waive this section in the case of applications which are 
pending or approved on or before this date. The Attorney 
General shall apply section 602 to unemployment benefits 
provided on or after a date at least 30 and not more than 60 
days after the date the regulations are first issued, but may 
waive this section in the case of applications for benefits 
pending as of this date. The Attorney General must broadly 
disseminate information regarding these restrictions on 
eligibility before the effective dates.

                    Part 2--Earned Income Tax Credit

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

    This section amends section 32(c)(1) of the Internal 
Revenue Code of 1986 by adding a new subparagraph (F), 
providing that an individual is not eligible for the earned 
income tax credit if the individual does not include a taxpayer 
identification number on the tax return. This section also 
amends section 32 of the Internal Revenue Code to add a new 
subsection (k), providing that a taxpayer identification number 
means a social security account number other than one that has 
been issued to an individual not authorized to work in the U.S.

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

Sec. 621--Ground for inadmissibility

    This section amends paragraph (4) of section 212(a) (public 
charge exclusion ground) to provide that a family-sponsored 
immigrant or nonimmigrant is inadmissible if the alien cannot 
demonstrate that the alien's age, health, family status, 
education, skills, or a combination thereof, or an affidavit of 
support, or both, make it unlikely that the alien will become a 
public charge. An employment-based immigrant is inadmissible, 
other than an immigrant of extraordinary ability, unless the 
immigrant has a valid job offer at the time of immigration. An 
employment-based immigrant who receives a visa by virtue of a 
job offer from a business owned by a relative, or from a 
business in which a relative has a significant ownership 
interest, is inadmissible (inadmissible) unless the relative 
has executed an affidavit of support.

Sec. 622--Ground for deportability

    This section amends paragraph (5) of redesignated section 
237(a) (public charge deportation ground) to provide that an 
alien is deportable if the alien becomes a public charge within 
7 years of admission from causes arising before entry or 
admission. The ground may be waived in the case of an alien who 
is admitted as a refugee or granted asylum. An alien is 
considered a public charge if he or she receives benefits under 
(1) Supplemental Security Income, (2) Aid to Families with 
Dependent Children, (3) Medicaid, (4) Food Stamps, (5) State 
General Assistance or (6) certain Federal housing assistance, 
for an aggregate period of at least 12 months within 7 years of 
admission. An alien shall not be considered to be a public 
charge on the basis of receipt of emergency medical services, 
public health immunizations and short-term emergency relief. In 
the case of an alien who (or whose child) has been battered or 
subject to extreme cruelty, the aggregate period for receipt of 
benefits shall be 48 months within 7 years, if the need for 
such benefits has a substantial connection to the abuse, and 
may exceed 48 months if the alien can demonstrate that the 
abuse is ongoing and has led to an issuance of an 
administrative or judicial order, or there has been a prior 
determination of abuse by the INS.

      Subtitle C--Attribution of Income and Affidavits of Support

Sec. 631--Attribution of sponsor's income and resources to family-
        sponsored immigrants

    This section provides that in determining the eligibility 
and the amount of benefits of an alien for any Federal means-
tested public benefits program, the income and resources of the 
alien shall be deemed to include those of the person who 
executed an affidavit of support on behalf of such alien, and 
that person's spouse. States may act similarly in determining 
the eligibility and the amount of benefits of an alien for any 
State means-tested public benefits program. Such deeming shall 
end for parents of United States citizens at the time the 
parent becomes a citizen; for spouses of citizens and lawful 
permanent residents at the earlier of 7 years after the date 
the spouse becomes an alien lawfully admitted for permanent 
residence or the date the spouse becomes a citizen; and for 
minor children at the time the child reaches 21 years of age 
or, if earlier, the date the child becomes a citizen. The 
deeming period may end earlier than specified above if the 
alien is employed long enough to qualify for social security 
retirement income.
    In the case of an alien who (or whose child) has been 
battered or subject to extreme cruelty, the deeming 
requirements shall not apply for 48 months if the need for such 
benefits has a substantial connection to the abuse, or for more 
than 48 months if the alien can demonstrate that the abuse is 
ongoing and has led to an issuance of an administrative or 
judicial order or there has been a prior determination of abuse 
by the INS.
    For States that choose to follow the Federal model of 
deeming that a sponsor's income and resources is available to 
the sponsored immigrant for the purpose of qualifying for State 
or local means-tested public benefits, those States shall be 
deemed by any Federal or State court to have chosen the least 
restrictive means available for achieving the compelling 
government interest of assuring that aliens be self-reliant in 
accordance with national immigration policy.

Sec. 632--Requirements for sponsor's affidavit of support

    Subsection (a) of this section amends title II of the INA 
by adding a new section 213A.
    Section 213A(a) provides that an affidavit of support may 
only be accepted as establishing that an alien is not 
inadmissible as a public charge if it is executed as a contract 
legally enforceable against the sponsor in any Federal or State 
court by the Federal Government, and by any State which 
provided any means-tested public benefits, for a period 10 
years after the alien last received any benefit. Such contract 
shall be enforceable with respect to benefits provided for 
parents of United States citizens until the time the parent 
becomes a citizen; for spouses of United States citizens and 
lawful permanent residents at the earlier of 7 years after the 
date the spouse becomes an alien lawfully admitted for 
permanent residence or the date the spouse becomes a citizen; 
and for minor children at the time the child reaches 21 years 
of age. The sponsorship period may end earlier than specified 
above if the alien is employed long enough to qualify for 
social security retirement income.
    Section 213A(b) provides that upon notification that a 
sponsored alien has received a benefit, the appropriate 
official shall request reimbursement from the sponsor. If the 
sponsor does not indicate a willingness to reimburse, or fails 
to abide by repayment terms, an action may be brought. The 
appropriate agency may appoint or hire a person to act on its 
behalf in collecting moneys owed. Section 213A(c) provides that 
available remedies include those described in sections 3201, 
3203, 3204, and 3205 of title 28, U.S. Code, as well as 
specific performance, reimbursement of legal fees and 
collection costs, and corresponding State law remedies. Section 
213A(d) provides that subject to civil penalties, a sponsor 
shall notify the federal government and the sponsored alien's 
State of residence of any change of address of the sponsor.
    Section 213A(e) limits eligibility to sponsor an alien into 
the United States to individuals only (not institutions). 
Sponsors also must be: the United States citizen or lawful 
permanent resident who is petitioning for the alien's 
admission, or an individual who will accept joint and several 
liability with the petitioner; at least 18 years old; and 
domiciled in a State. Finally, sponsors must demonstrate, 
through a certified copy of a tax return, the means to maintain 
an annual income equal to at least 200 percent of the poverty 
level for the individual, the individual's family, and the 
sponsored alien and the alien's nuclear family, if any, who 
arrive with the alien at the time of the alien's admission. In 
the case of an individual who is on active duty in the Armed 
Forces, the income requirement is 100 percent of the poverty 
level.
    Subsection (b) refers to the requirement for an affidavit 
of support from individuals who file petitions for a relative 
as an employment-based immigrant.
    Subsection (c) amends section 316(a) of the INA by adding a 
new clause to provide that no person shall be naturalized who 
has received assistance under a federal or State means-tested 
public benefit program with respect to which amounts may be 
owing under an affidavit of support unless he or she provides 
satisfactory evidence that there are no outstanding amounts 
owed pursuant to such affidavit. This subsection also amends 
section 316 by adding a new subsection (g), providing that the 
amendment made in section 316(a)(4) shall not apply to a 
battered alien spouse or child under specified conditions.
    Subsection (d) makes a clerical amendment. Subsections (e) 
and (f) provide that the Attorney General shall promulgate 
within 90 days of enactment a new standard form for the 
affidavit of support that complies with new section 213A(a), 
and that the new section 213A(a) shall apply to affidavits of 
support executed on a specified date not less than 60 days nor 
more than 90 days after promulgation of the new form.

                 TITLE VII--FACILITATION OF LEGAL ENTRY

Sec. 701--Additional land border inspectors; infrastructure 
        improvements

    This section requires the Attorney General and the 
Secretary of the Treasury to increase the number of full-time 
land border inspectors in the INS and the Customs Service to a 
level adequate to assure full staffing during peak crossing 
hours of all border crossing lanes, and that personnel be 
deployed in proportion to the number of land border crossings 
in the border sectors.
    This section also requires that in completing 
infrastructure improvements to expedite the inspection of 
persons and vehicles seeking lawful admission at land borders, 
the Attorney General give priority to those areas where the 
need for such improvements is greatest.

Sec. 702--Commuter lane pilot programs

    This section amends section 286(q) of the INA and the 1994 
Justice appropriations act to permit the expansion of commuter 
lane pilot programs at land borders.

Sec. 703--Preinspection at foreign airports

    This section amends the INA to create a new section 235A, 
providing for the establishment within 2 years of preinspection 
stations at 5 of the 10 foreign airports having the greatest 
number of departures for the U.S., and to establish an 
additional 5 preinspection stations within 4 years.

Sec. 704--Training of airline personnel in detection of fraudulent 
        documents

    Subsection (a) amends section 286(h)(2)(A)(iv) to provide 
that funds may 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 expenses incurred out of the Account in a given 
fiscal year shall be expended for this purpose.
    Subsection (b) amends 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.
    Subsection (c) provides that the Attorney General shall 
issue the regulations called for in subsection (b) within 90 
days of enactment.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

     Subtitle A--Amendments to the Immigration and Nationality Act

Sec. 801--Nonimmigrant status for spouses and children of members of 
        the armed services

    This section amends section 101(a)(15) by adding a new 
subparagraph (T), creating a nonimmigrant category for an alien 
who is the spouse or child of another alien who is serving on 
active duty in the Armed Forces and is stationed in the U.S.

Sec. 802--Amended definition of aggravated felony

    This section amends the definition of aggravated felony in 
section 101(a)(43) of the INA, as amended by section 222 of the 
Immigration and Nationality Technical Corrections Act of 1994, 
to make certain technical corrections and to make the 
definition effective to all convictions entered at any time 
before, on, or after the date of enactment.

Sec. 803--Authority to determine visa processing procedures

    Subsection (a) amends section 202(a)(1) of the INA 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.
    Subsection (b) amends 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 is not eligible to be 
admitted to the U.S. as a nonimmigrant unless the alien has 
received a visa 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).

Sec. 804--Waiver authority concerning notice of denial of applications 
        for visas

    This section amends section 212(b) of the INA to permit the 
Secretary of State to waive, in the case of an alien denied a 
visa by a consular officer on the basis of the exclusion 
grounds in section 212(a)(2) (criminal activity) or 212(a)(3) 
(national security and terrorist), the requirement that the 
alien be provided notice of the reason for denial. Currently, 
all foreign nationals who are denied a visa are entitled to 
notice of the basis for the denial. This creates a difficult 
situation in those instances where an alien is denied entry on 
the basis, for example, of being a drug trafficker or a 
terrorist. Clearly, the information that U.S. government 
officials are aware of such drug trafficking or terrorist 
activity would be highly valued by the alien and may hamper 
further investigation and prosecution of the alien and his or 
her confederates.
    An alien has no constitutional right to enter the U.S. and 
no right to be advised of the basis for the denial of such a 
privilege. Thus, there is no impediment to the limitation on 
disclosure in this section.

Sec. 805--Treatment of Canadian landed immigrants

    This section amends section 212(d)(4)(B) to provide that 
the Attorney General may waive the requirements of section 
212(a)(7)(b)(i) regarding presentation of documents in the case 
of aliens who are granted permanent residence by the government 
of a foreign contiguous territory and who are residing in that 
territory.

Sec. 806--Changes relating to H-1B nonimmigrants

    This section amends section 212(n) to provide for changes 
in the statutory and regulatory requirements for visas issued 
to nonimmigrants under section 101(a)(15)(H)(i)(B) (``H-1B 
visas'').
    Subsection (a) provides that no employer shall be required 
to have and document an objective system to determine the wages 
of workers.
    For purposes of determining the actual wage level an 
employer pays to individuals with similar experience and 
qualifications in the specific employment of an H-1B worker, a 
non-H-1B dependent employer (see below for definition) of more 
than 1,000 full-time equivalent employees in the United States 
may demonstrate that in determining the wages of its H-1B 
workers, it utilizes a compensation and benefits system that 
has been previously certified by the Secretary of Labor (and 
recertified at such intervals the Secretary may designate) to 
satisfy the five following conditions: (1) The employer has a 
company-wide compensation policy for its full-time equivalent 
employees which ensures salary equity among employees similarly 
employed, (2) the employer has a company-wide benefits policy 
under which all full-time equivalent employees similarly 
employed are eligible for substantially the same benefits or 
under which some employees may accept higher pay, at least 
equal in value to the benefits, in lieu of benefits, (3) the 
compensation and benefits policy is communicated to all 
employees, (4) the employer has a human resources or 
compensation function that administers its compensation system, 
and (5) the employer has established documentation for the job 
categories in question. An employer's payment of wages to an H-
1B worker consistent with a system which meets these conditions 
and which has been certified by the Secretary of Labor shall be 
deemed to satisfy the actual wage requirement of section 
212(n)(1)(A)(i)(I).
    For purposes of determining and enforcing the prevailing 
wage level for the occupational classification in the area of 
employment of an H-1B worker, employers may provide a published 
survey, a State Employment Security Agency determination, a 
determination by an accepted private source or any other 
legitimate source. The Secretary of Labor shall, no later than 
180 days from the date of enactment of this Act, provide for 
acceptance of prevailing wage determinations not made by a 
State Employment Security Agency. The Secretary must either 
accept such a wage determination or issue a written decision 
rejecting the determination and detailing the legitimate 
reasons that the determination is not acceptable. If a detailed 
rejection is not issued within 45 days of receipt by the 
Secretary of Labor, the determination will be deemed accepted. 
An employer's payment of wages consistent with a prevailing 
wage determination not rejected by the Secretary shall be 
deemed to satisfy the prevailing wage requirement of section 
212(n)(1)(A)(i)(II).
    Subsection (b) provides that employers which are non-H-1B 
dependent employers do not have to abide by certain regulations 
promulgated by the Department of Labor which went into effect 
on January 19, 1995. An H-1B dependent employer is defined as 
an employer which (1) has fewer than 21 full-time equivalent 
employees who are employed in the United States, 4 or more of 
whom are H-1B workers, (2) has at least 21 but not more than 
150 full-time equivalent employees who are employed in the 
United States, 20% or more of whom are H-1B workers, or (3) has 
at least 151 full-time equivalent employees who are employed in 
the United States, 15 percent or more of whom are H-1B workers. 
An alien employed under an H-1B petition shall be treated as an 
employee of the employer for purposes of this subsection.
    An employer which is H-1B dependent can nevertheless be 
treated as non-H-1B dependent for up to five years on a 
probationary status if (1) the employer has demonstrated to the 
satisfaction of the Secretary of Labor that it has developed a 
reasonable plan for reducing its use of H-1B workers over a 
five year period to the level of a non-H-1B dependent employer, 
and (2) annual reviews of the plan by the Secretary indicate 
successful implementation of the plan. If the Secretary 
determines that the employer has not met the requirements of 
(1) or (2), the probationary status ends and the employer shall 
be treated as H-1B dependent until such time as the employer 
can prove to the Secretary of Labor that it is no longer H-1B 
dependent, as defined previously. All opportunities for 
probationary status end five years after the date of enactment.
    The regulatory relief provided to non-H-1B dependent 
employers includes:
    (1) A non-H-1B dependent employer does not have to post a 
notice at a worksite visited by an H-1B worker that is within 
the area of intended employment listed on that worker's labor 
condition application but is not itself listed on the 
application.
    (2) A non-H-1B dependent employer is not required to file 
and have certified an additional labor condition application 
(LCA) with respect to an H-1B worker for an area of employment 
not listed in the worker's initial LCA because the employer has 
placed that or other H-1B workers (who did not have that area 
of employment listed in their LCAs) in that area for any period 
of time, except that such employer can only place an H-1B 
worker in areas of employment not listed in the worker's LCA 
for a period exceeding 45 workdays in any 12-month period and 
90 workdays in any 3 year period if (1) the employer files and 
has certified an additional LCA for the H-1B worker listing 
such areas of employment visited after the 45/90 limit is 
reached, or (2) the H-1B worker's principal place of employment 
has not changed to a non-listed area.
    (3) A non-H-1B dependent employer is not required to pay 
per diem and transportation costs at any specified rate when 
sending H-1Bs to areas of employment not listed in their LCAs.
    (4) The Secretary of Labor can file a complaint respecting 
an employer's failure to meet a condition specified on an LCA 
or misrepresentation of a material fact on an LCA only in the 
case of an H-1B dependent employer (including an H-1B dependent 
employer which is on probationary status as a non-H-1B 
dependent employer when the Secretary is conducting an annual 
review of the employer's plan and the review indicates that 
there appears to be a violation of an attestation or a 
misrepresentation of a material fact). No investigation or 
hearing shall be conducted with respect to a non-H-1B dependent 
employer except in response to a complaint.
    Subsection (c) provides that when filing an LCA, an 
employer must attest that within the period beginning six 
months before and ending 90 days following the filing of the 
application and during the 90 days immediately preceding and 
following the filing of any visa petition supported by the 
application, the employer has not laid off and will not lay off 
protected individuals with substantially equivalent 
qualifications and experience in the specific employment as to 
which the H-1B worker is sought or employed, unless the 
employer will pay a wage to the H-1B worker that is at least 
110 percent of the mean of the last wage earned by all such 
laid off individuals (or, if greater, at least 110 percent of 
the mean of the highest wage earned by all such laid off 
individuals within the most recent year if the employer reduced 
the wage of any such laid off individual during such year other 
than in accordance with a general company-wide reduction of 
wages for substantially all employees).
    For purposes of the ``no layoff'' provisions in section 806 
restricting the ability of an employer to lay off a domestic 
worker in the specific employment as to which an H-1B alien is 
sought or is employed, the term ``specific employment'' can be 
coterminous with a concept such as occupational category 
(``engineer''), or it can be narrower in scope. It can also be 
coterminous with a broad subcategory of occupational category 
(``chemical engineer''), or it can be narrower in scope. 
Specific employment means a specific job with specific 
responsibilities. For example, in a small company this may be a 
job of great breadth--the accountant who does all the books or 
the programmer who designs all the software. Conversely, in a 
large company this may be very specialized--the engineer whose 
job it is to design the gyroscope for a new rocket or the 
programmer whose job it is to design a new spreadsheet program. 
The question to ask is: ``In the context of a specific 
employer, is it reasonable to conclude that a domestic worker 
is being replaced by an H-1B alien?'' In any case, merely minor 
changes in a job description are not sufficient to change the 
specific employment. And an employer cannot shift a domestic 
employee from his or her specific employment--in which an H-1B 
alien is sought or is employed--to a different job preparatory 
to laying him or her off merely as a ruse to avoid the ``no 
layoff'' provisions. In such a case, the domestic worker's 
specific employment should be considered his or her initial 
job.
    In the case of an H-1B dependent employer, the employer 
shall not place an H-1B worker with another employer where (1) 
the H-1B performs his or her duties in whole or in part at 
worksite(s) owned, operated, or controlled by the other 
employer, and (2) there are indicia of an employment 
relationship between the alien and the other employer. This 
prohibition will not apply if either (1) the other employer has 
executed an attestation that within the period beginning six 
months before and ending 90 days following the filing of the 
LCA and during the 90 days immediately preceding and following 
the filing of any visa petition supported by the LCA the other 
employer has not laid off and will not lay off protected 
individuals with substantially equivalent qualifications and 
experience in the specific employment as to which the H-1B 
worker is sought or employed, or (2) the employer pays a wage 
to the H-1B worker that is at least 110 percent of the mean of 
the last wage earned by all such laid off individuals (or, if 
greater, at least 110 percent of the mean of the highest wage 
earned by all such laid off individuals within the most recent 
year if the other employer reduced the wage of any such laid 
off individual during such year other than in accordance with a 
general company-wide reduction of wages for substantially all 
employees).
    The term ``laid off'' refers to the individual's loss of 
employment, other than a discharge for inadequate performance, 
cause, voluntary departure, or retirement, and does not include 
any situation in which the employee is offered a similar job 
opportunity with the same employer (or the other employer with 
which an H-1B worker is placed by an H-1B dependent employer 
referenced in the preceding paragraph) carrying equivalent or 
higher compensation and benefits, regardless of whether or not 
the employee accepts the offer.
    The term ``protected individual'' refers to an individual 
who is a citizen or national of the United States or is an 
alien who is lawfully admitted for permanent residence, is 
granted the status of an alien lawfully admitted for temporary 
residence under section 210(a), 210A(a), or 245(a)(1), is 
admitted as a refugee under section 207, or is granted asylum 
under section 208.
    The provisions of section 212(n)(2), including the process 
for the receipt, investigation, and disposition of complaints, 
the imposition of administrative remedies and back pay, and the 
prohibition of the Attorney General from approving an 
employer's petitions for alien workers, shall apply to failures 
of an employer to comply with the new attestation required of 
it under this Act and to complaints respecting a failure of 
another employer with which an H-1B worker is placed by an H-1B 
dependent employer to comply with the new attestation required 
of it under this Act.
    Subsection (d) provides for enhanced penalties for 
violations of an attestation or misrepresentation of a material 
fact in an LCA. Maximum civil penalties are increased to $5,000 
per violation. The Attorney General is prohibited from 
approving petitions for aliens to be employed by an employer 
for a period of at least 1 year in the case of the first 
determination of a violation or any subsequent determination of 
a non-willful violation occurring within 1 year of that first 
violation or any subsequent determination of a non-wilful 
violation occurring more than 1 year after the first violation; 
for a period of at least 5 years in the case of a determination 
of a willful violation occurring more than one year after the 
first violation; and at any time in the case of a determination 
of a willful violation occurring more than 5 years after a 
violation resulting in a bar of at least five years. If a 
penalty has been imposed in the case of a willful violation, an 
additional punishment consisting of a civil monetary penalty 
will be imposed on the employer in an amount equalling twice 
the amount of back pay awarded.
    When computing the prevailing wage level in the case of an 
employee of an institution of higher education or a related or 
affiliated nonprofit entity, or a nonprofit scientific research 
organization, the level shall only take into account employees 
at such institutions and entities in the area of employment.
    In general, the changes to the H-1B program contained in 
the Act will take effect on the date of enactment and shall 
apply to applications filed with the Secretary of Labor on or 
after 30 days after the date of enactment. The changes to the 
complaint and investigation process shall apply to complaints 
filed, and to investigations or hearings initiated, on or after 
January 19, 1995.

Sec. 807--Validity of period for visas

    Subsection (a) amends section 221(c) to provide that an 
immigrant visa shall be valid for a period of six months.
    Subsection (b) amends section 221(c) 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.

Sec. 808--Limitation on adjustment of status of individuals not 
        lawfully present in the United States

    Subsection (a) amends section 245(i)(1)(B), as added by 
section 605(b) of the Department of State and Related Agencies 
Appropriations Act, 1995 (Public Law 103-317, 108 Stat. 1765) 
by requiring an application for adjustment of status under this 
provision to pay a fee of $2,500.
    Subsection (b) strikes section 212(o).

Sec. 809--Limited access to certain confidential INS files

    Subsection (a) amends section 245(A)(c)(5) by redesignating 
subparagraphs (A) through (C) and by adding a new subparagraph 
(C) to permit the Attorney General to make an application to a 
Federal judge, and for such Federal judge to authorize 
disclosure of information in an application for legalization 
for the following purposes: to identify an alien believed to be 
dead or severely incapacitated; or for criminal law enforcement 
purposes if the alleged criminal activity occurred after the 
legalization application was filed and involves terrorist 
activity, a crime prosecutable as an aggravated felony (without 
regard to length of sentence) or poses an immediate risk to 
life or national security. Information limited to the date and 
disposition of the application, the alien's immigration status 
(but only for the purpose of determining eligibility for relief 
from deportation or removal), or criminal convictions (if any) 
after the date of the application, may be disclosed for 
immigration enforcement purposes without petition to a Federal 
judge.
    Subsection (b) makes parallel amendments to the 
confidentiality provisions in section 210(b) (Special 
Agricultural Worker Program).
    The purpose of this section is to amend the provisions in 
sections 210 and 245A protecting the confidentiality of 
applications for legalization and to ensure that information 
contained in such applications would not be used for purposes 
of immigration law enforcement. A limited waiver of such 
confidentiality, subject to prior approval by a federal judge, 
is appropriate in order to identify an alien who is dead or 
severely incapacitated, or if the alien is alleged to have 
committed a serious criminal offense after the date of the 
application. Disclosure in these limited circumstances will not 
undermine the initial policy of confidentiality. An alien 
filing for legalization did not have a reasonable expectation, 
under the laws existing at that time, that information in his 
or her application could not be used for the purpose of 
identifying that alien for compelling circumstances, unrelated 
to immigration enforcement, that would arise after the filing 
of the application. The government interest in securing such 
information is compelling, and the requirement of judicial 
approval will further ensure that the legitimate 
confidentiality rights of legalization applicants are 
protected.
    This section also clarifies that information outside of the 
actual application for legalization, as well as information 
limited to the date and disposition of the application, does 
not fall within the original confidentiality provisions on 
sections 210 and 245A, and can be used for immigration 
enforcement or other purposes without prior judicial approval. 
This clarification is needed because in certain circumstances, 
these confidentiality provisions have been erroneously 
interpreted to prohibit the disclosure of information in INS 
files pertaining to the disposition of the application, but not 
information contained in the application itself. The plain 
language in sections 245A(c)(5) and 210(b) is addressed solely 
to the contents of the application, not to information 
regarding the disposition of the application or the alien's 
subsequent immigration status.

Sec. 810--Change of nonimmigrant application

    This section amends section 248 to provide that an alien 
whose status is changed under section 248 may apply directly to 
the Secretary of State for a visa without having to leave the 
United States.

                     Subtitle B--Other Provisions.

Sec. 831--Commission report on fraud associated with birth certificates

    This section amends section 141(c) of the Immigration Act 
of 1990 to require that the Commission on Immigration Reform 
shall study and submit to Congress, not later than January 1, 
1997, a report containing recommendations of methods to reduce 
or eliminate the fraudulent use of birth certificates for the 
purposes of obtaining identification documents that may be used 
to obtain benefits relating to immigration and employment. The 
Commission shall consider proposals to adopt national standards 
for issuing birth certificates and to limit the issuance of an 
individual's birth certificate to any person other than the 
individual or his or her representative.

Sec. 832--Uniform vital statistics

    This section requires the Secretary of Health and Human 
Services, within 2 years of the date of enactment, to establish 
a pilot program for 3 of the 5 States with the largest 
population of undocumented aliens for linking through 
electronic network the vital statistics records of such States. 
The network shall provide for the matching of deaths and births 
and shall institute measures to protect the integrity of the 
records, specifically to prevent fraud against the Government 
through use of false birth and death certificates. The 
Secretary shall issue a report to Congress not later than 180 
days after establishment of the pilot program with 
recommendations on how the pilot program could be implemented 
as a national network.

Sec. 833--Communication between state and local government agencies, 
        and the immigration and naturalization service

    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 an 
alien in the United States.
    The Committee intends to give State and local officials the 
authority to communicate with the INS regarding the presence, 
whereabouts, and activities of illegal aliens. This section is 
designed to prevent any State or local law, ordinance, 
executive order, policy, constitutional provision, or decision 
of any Federal or State court that prohibits or in any way 
restricts any communication between State and local officials 
and the INS. The Committee believes that immigration law 
enforcement is as high a priority as other aspects of Federal 
law enforcement, and that illegal aliens do not have the right 
to remain in the U.S. undetected and unapprehended.

Sec. 834--Criminal alien reimbursement costs

     This section provides that amounts appropriated to carry 
out section 501 of the Immigration Control and Reform Act of 
1986 shall be available to carry out section 242(j) of the INA 
with respect to undocumented criminal aliens incarcerated by 
the political subdivisions of a State.

Sec. 835--Female genital mutilation

    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 of performing female genital mutilation or of allowing a 
child to be subjected to female genital mutilation.

Sec. 836--Designation of portugal as a visa waiver pilot program 
        country with probationary status

    This section designates Portugal as a visa waiver pilot 
program country with probationary status under section 217(g) 
for each of the fiscal years 1996, 1997, and 1998.

                   Subtitle C--Technical Corrections.

Sec. 851--Miscellaneous technical corrections

    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.

                              Agency Views

    The Administration has not provided a statement of its 
views regarding H.R. 2202 as reported by the Committee on 
October 24, 1996. The following is a statement of views 
received from the Attorney General regarding H.R. 2202 as 
introduced on August 4, 1995.

                     Office of the Deputy Attorney General,
                                Washington, DC, September 15, 1995.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Chairman Hyde: This letter presents the views of the 
Administration concerning H.R. 2202, the ``Immigration in the 
National Interest Act of 1995,'' as introduced on August 4, 
1995.
    Many of the provisions in H.R. 2202 advance the 
Administration's four-part strategy to control illegal 
immigration. This strategy calls for regaining control of our 
borders; removing the job magnet through worksite enforcement; 
aggressively pursuing the removal of criminal aliens and other 
illegal aliens; and securing from Congress the resources to 
assist states with the costs of illegal immigration that are a 
result of failed enforcement policies of the past. The 
Administration's legislative proposal to advance that strategy 
is H.R. 1929, the ``Immigration Enforcement Improvements Act of 
1995,'' introduced by Representative Howard Berman on June 27, 
1995. We are pleased that the bill before the Committee follows 
our policies to a significant extent. Our positions on the 
provisions in the bill are summarized in the following 
discussion.

  title I--deterrence of illegal immigration through improved border 
                     enforcement and pilot programs

    The Administration has already demonstrated that our 
borders can be controlled when there is a commitment to do so 
by the President and Congress. With an unprecedented infusion 
of resources since 1993, we have implemented a multi-year 
border control strategy of prevention through deterrence. We 
have carefully crafted long range strategic plans tailored to 
the unique geographic and demographic characteristics of each 
border area to restore integrity to the border.
    Border Patrol Agents: We have increased the number of 
Border Patrol agents by 40% since 1993 and we support a further 
increase of 700 agents per year to reach a total strength of at 
least 7,281 Border Patrol agents by the end of FY 1998.
    Document Security: We support improved security of Border 
Crossing Cards and other documents, using advanced technology, 
within a reasonable period of time.
    Interior Repatriation: We support pilot programs to deter 
multiple unauthorized entries, including interior and third 
country repatriation.
    Penalty for illegal entry: We are currently prosecuting 
more repeat criminal alien illegal entry offenders than ever. 
Our increase in prosecutions is preferable to a burdensome 
civil penalty.

 title ii--enhanced enforcement and penalties against alien smuggling; 
                             document fraud

    The Administration is aggressively investigating, 
apprehending, and prosecuting alien smugglers. H.R. 2202 and 
the Administration bill have a common goal of significantly 
increasing penalties for alien smuggling, document fraud, and 
related crimes. In face, our bill goes beyond the provisions of 
H.R. 2202 by making conspiracy to violate the alien smuggling 
statutes a RICO predicate and by providing for civil forfeiture 
of proceeds of and property used to facilitate alien smuggling.
    Penalty increases: We support increases in the sentences 
for aliens who fail to obey a deportation order, illegally re-
enter the U.S. after deportation, or commit passport of visa 
fraud.

   title iii--inspection, apprehension, detention, adjudication, and 
             removal of inadmissible and deportable aliens

    Removals of criminal aliens have increased rapidly during 
this Administration. More than four times as many criminal 
aliens were removed in 1994 than in 1988. We will nearly triple 
the number of criminal alien removals from 20, 138 in FY 93 to 
58,200 in FY 96 by streamlining deportation procedures, 
expending the Institutional Hearing Program, and enhancing the 
international prisoner transfer treaty program. Immigration and 
Naturalization Service (INS) technology enhancements have also 
played a critical role in removing criminal aliens, as have INS 
alternatives to formal deportation, such as stipulated, 
judicial, and administrative deportation.
    Special exclusion: We support special exclusion provisions 
which allow the Attorney General to order an alien excluded and 
deported without a hearing before an immigration judge when 
extraordinary situations threaten our ability to process cases 
and in the case of irregular boat arrivals.
    Removal procedures: We support consolidating exclusion and 
deportation into one removal process and facilitating telephone 
and video hearings which save resources.
    Authorization for removals: We urge the Committee to 
increase the authorization for funding the detention and 
removal of inadmissible or deportable aliens to $177.7 million, 
the amount in the President's FY 96 budget request, rather than 
the $150 million in H.R. 2202.
    Relief from deportation: We support consolidating the 
processes and restricting the grounds which permit relief from 
deportation.

        title iv--enforcement of restrictions against employment

    The Administration strongly believes that jobs are the 
greatest magnet for illegal immigration and that a 
comprehensive effort to deter illegal immigration, particularly 
visa overstaying, must make worksite enforcement a top 
priority. The Administration is concerned by the cautious steps 
back H.R. 2202 takes with regard to enforcement of employer 
sanctions and will continue to work with the Committee to 
address this priority enforcement area.
    Enforcement personnel: The President's FY budget request 
calls for 202 new DOL Wage and Hour personnel while H.R. 2202 
calls for 150. We support the levels of new INS investigations 
personnel and new DOL Wage and Hour personnel requested in the 
President's FY 96 budget. These resources will enhance 
enforcement of laws prohibiting employment of illegal aliens 
and the minimum labor standards laws.
    Employment verification: H.R. 2202, in contrast to the 
Administration's bill, rejects the principle worksite 
enforcement recommendation of the Commission on Immigration 
Reform which was to thoroughly test and evaluate verification 
techniques before implementing them nationwide. We support 
continued pilot projects which will aid in the development of a 
system for accurate verification of a potential employee's 
status. Such a system will greatly assist employers in meeting 
their obligation to hire only authorized workers. Testing what 
works--from business impact, cost effectiveness, privacy and 
discrimination perspectives--is a necessary prerequisite for a 
nationwide verification system.
    Employment documents. We strongly support the reduction in 
the number of documents that can establish employment 
authorization.

              title v--reform of legal immigration system

    The Administration seeks legal immigration reform that 
promotes family reunification, protects U.S. workers from 
unfair competition while promoting the global competitiveness 
of our employers, and encourages naturalization to encourage 
full participation in the national community. The 
Administration supports a reduction in the overall level of 
legal immigration consistent with these principles.
    We are proposing to reform legal immigration in ways that 
are consistent with the Jordan Commission's recommendations, 
that reduce annual levels of legal immigration, and that reach 
those lower numbers faster. We are also proposing a few ideas 
on how to use naturalization to reduce the second preference 
backlog numbers, which is a priority for the Commission and the 
Administration, while maintaining first and third family 
preferences for reunification of adult children of U.S. 
citizens.
    Refugee admissions: We do not support a statutory cap on 
the number of refugees resettled in the U.S. Refugee 
admissions, which have declined in recent years, are better 
determined through the established consultation process between 
the President and the Congress.
    Asylum proceedings: We do not support extensive changes in 
the asylum process which would reverse the significant progress 
the Administration has made in the asylum area.

       title vi--restrictions on benefits for unauthorized aliens

    The Administration supports the denial of benefits to 
undocumented immigrants. The only exceptions should include 
matters of public health and safety--such as emergency medical 
services, immunization and temporary disaster relief 
assistance--and every child's right to a public education. In 
so doing, care must be taken not to limit or deny benefits or 
services to eligible individuals or in instances where denial 
does not serve the national interest. The Administration also 
supports tightening sponsorship and eligibility rules for non-
citizens and requiring sponsors of legal immigrants to bear 
greater responsibility through legally enforceable sponsorship 
agreements for those whom they encourage to enter the United 
States. The Administration, however, strongly opposes 
application of new eligibility and deeming provisions to 
current recipients, including the disabled who are exempted 
under current law. The Administration also is deeply concerned 
about the application of deeming provisions to Medicaid and 
other programs where deeming would adversely affect public 
health and welfare.

                 title vii--facilitation of legal entry

    The Administration is committed to improving services for 
legal entrants, and we support the provisions of this bill 
which enable us to do so. We are already conducting commuter 
land pilot programs on the Northern border to facilitate 
traffic at the ports of entry. Revenues from new service 
charges will enable us to hire additional inspectors and to 
enhance customer service to the traveling public at land border 
ports of entry.
    As for air travel, our pre-inspection facilities enable us 
to expedite inspection at the arrival airports. In addition, we 
are already working with the travel industry to deter illegal 
traffic and improve customer services. For the past five years 
we have conducted a Carrier Consultant program at both United 
States and foreign locations in which we train airline 
employees and foreign government officials in the detection of 
fraudulent travel documents. This has resulted in a marked 
reduction of mala fide arrivals at United States gateway 
airports.

                       title viii--miscellaneous

    Adjustment of status: We do not support limiting the class 
of aliens who can adjust status under section 245(i) of the 
Immigration and Nationality Act. This section has eliminated a 
burdensome paper process, and allowed resources to be shifted 
to anti-fraud and naturalization efforts.
    Mr. Chairman, we want to work with you on bipartisan 
immigration enforcement legislation that is in the national 
interest. We look forward to working with you to address the 
core issues of worksite enforcement, border control, criminal 
alien deportation and comprehensive immigration law 
enforcement.
    The Office of Management and Budget has advised that there 
is no objection to the submission of this letter from the 
standpoint of the Administration's program.
            Sincerely,
                                         Jamie S. Gorelick,
                                           Deputy Attorney General.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                    IMMIGRATION AND NATIONALITY ACT

          * * * * * * *

                            TABLE OF CONTENTS

                            Title I--General

Sec. 101.  Definitions.
Sec. 102.  Applicability of title II to certain nonimmigrants.
Sec. 103.  Powers and duties of the Attorney General and the 
          Commissioner.
     * * * * * * *
[Sec. 106.  Judicial review of orders of deportation and exclusion.]

                          Title II--Immigration

                       chapter 1--selection system

Sec. 201.  Worldwide level of immigration.
Sec. 202.  Numerical limitation to any single foreign state.
Sec. 203.  Allocation of immigrant visas.
     * * * * * * *
[Sec. 208.  Asylum procedure.]
Sec. 208. Asylum.
     * * * * * * *

  chapter 2--qualifications for admission of aliens; travel control of 
                           citizens and aliens

Sec. 211.  Documentary requirements.
Sec. 212.  General classes of aliens ineligible to receive visas and 
          excluded from admission; waivers of inadmissibility.
Sec. 213.  Admission of certain aliens on giving bond.
Sec. 213A.  Requirements for sponsor's affidavit of support.
     * * * * * * *
Sec. 216B. Conditional permanent resident status for certain foreign 
          language teachers.
     * * * * * * *

                 chapter 3--issuance of entry documents

Sec. 221.  Issuance of visas.
Sec. 222.  Applications for visas.
Sec. 223.  Reentry permits.
[Sec. 224.  Immediate relative and special immigrant visas.]
Sec. 224.  Visas for spouses and children of citizens and special 
          immigrants.

         [chapter 4--provisions relating to entry and exclusion

[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 observation and examination.
[Sec. 234.  Physical and mental examination.
[Sec. 235.  Inspection by immigration officers.
[Sec. 236.  Exclusion of aliens.
[Sec. 237.  Immediate deportation of aliens excluded from admission or 
          entering in violation of law.
[Sec. 238.  Entry through or from foreign contiguous territory and 
          adjacent islands; landing stations.
[Sec. 239.  Designation of ports of entry for aliens arriving by civil 
          aircraft.
[Sec. 240.  Records of admission.

              [chapter 5--deportation; adjustment of status

[Sec. 241.  General classes of deportable aliens.
[Sec. 242.  Apprehension and deportation of aliens.
[Sec. 242A. Expedited procedures for deportation of aliens convicted of 
          committing aggravated felonies.
[Sec. 242B. Deportation procedures.
[Sec. 243.  Countries to which aliens shall be deported; cost of 
          deportation.
[Sec. 244.  Suspension of deportation; voluntary departure.
[Sec. 244A. Temporary protected status.]

     Chapter 4--Inspection, Apprehension, Examination, Exclusion, and 
                                 Removal

Sec. 231.  Lists of alien and citizen passengers arriving or departing; 
          record of resident aliens and citizens leaving permanently for 
          foreign country.
Sec. 232.  Detention of aliens for physical and mental examination.
Sec. 233.  Entry through or from foreign contiguous territory and 
          adjacent islands; landing stations.
Sec. 234.  Designation of ports of entry for aliens arriving by civil 
          aircraft.
Sec. 235.  Inspection by immigration officers; expedited removal of 
          inadmissible arriving aliens; referral for hearing.
Sec. 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

     * * * * * * *

                  chapter 8--general penalty provisions

Sec. 271.  Prevention of unauthorized landing of aliens.
Sec. 272.  Bringing in aliens subject to [exclusion] denial of admission 
          on a health-related ground.
Sec. 273.  Unlawful bringing of aliens into United States.
Sec. 274.  Bringing in and harboring certain aliens.
Sec. 274A. Unlawful employment of aliens.
Sec. 274B. Unfair immigration-related employment practices.
Sec. 274C. Penalties for document fraud.
Sec. 274D. Civil penalties for failure to depart.
Sec. 275.  Entry of alien at improper time or place; misrepresentation 
          and concealment of facts.
Sec. 276.  Reentry of [deported] removed alien.
Sec. 277.  Aiding or assisting certain aliens to enter the United 
          States.
     * * * * * * *

                        chapter 9--miscellaneous

Sec. 281.  Nonimmigrant visa fees.
Sec. 282.  Printing of reentry permits and blank forms of manifests and 
          crew lists.
Sec. 283.  Travel expenses and expense of transporting remains of 
          immigration officers and employees who die outside of the 
          United States.
     * * * * * * *
Sec. 293.  Deposit of and interest on cash received to secure 
          immigration bonds.
Sec. 294.  Undercover investigation authority.
     * * * * * * *

        Title V--Special Removal Procedures for Alien Terrorists

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

                            TITLE I--GENERAL

                              definitions

  Section 101. (a) As used in this Act--
  (1)  * * *
          * * * * * * *
  (6) The term ``border crossing identification card'' means a 
document of identity bearing that designation issued to an 
alien who is lawfully admitted for permanent residence, or to 
an alien who is a resident in foreign contiguous territory, by 
a consular officer or an immigration officer for the purpose of 
crossing over the borders between the United States and foreign 
contiguous territory in accordance with such conditions for its 
issuance and use as may be prescribed by regulations. 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.
          * * * * * * *
  [(13) The term ``entry'' means any coming of an alien into 
the United States, from a foreign port or place or from an 
outlying possession, whether voluntarily or otherwise, except 
that an alien having a lawful permanent residence in the United 
States shall not be regarded as making an entry into the United 
States for the purposes of the immigration laws if the alien 
proves to the satisfaction of the Attorney General that his 
departure to a foreign port or place or to an outlying 
possession was not intended or reasonably to be expected by him 
or his presence in a foreign port or place or in an outlying 
possession was not voluntary: Provided, That no person whose 
departure from the United States was occasioned by deportation 
proceedings, extradition, or other legal process shall be held 
to be entitled to such exception.]
  (13)(A) The terms ``admission'' and ``admitted'' mean, with 
respect to an alien, the entry of the alien into the United 
States after inspection and authorization by an immigration 
officer.
  (B) An alien who is paroled under section 212(d)(5) or 
permitted to land temporarily as an alien crewman shall not be 
considered to have been admitted.
  (C) An alien lawfully admitted for permanent residence in the 
United States shall not be regarded as seeking an admission 
into the United States for purposes of the immigration laws 
unless the alien--
          (i) has abandoned or relinquished that status,
          (ii) has engaged in illegal activity after having 
        departed the United States,
          (iii) has departed from the United States while under 
        legal process seeking removal of the alien from the 
        United States, including removal proceedings under this 
        Act and extradition proceedings,
          (iv) has been convicted of an aggravated felony, 
        unless since such conviction the alien has been granted 
        relief under section 240A(a), or
          (v) is attempting to enter at a time or place other 
        than as designated by immigration officers or has not 
        been admitted to the United States after inspection and 
        authorization by an immigration officer.
          * * * * * * *
  (15) The term ``immigrant'' means every alien except an alien 
who is within one of the following classes of nonimmigrant 
aliens--
          (A)  * * *
          * * * * * * *
          (K) an alien who is the fiancee or fiance of a 
        citizen of the United States and who seeks to enter the 
        United States solely to conclude a valid marriage with 
        the petitioner within ninety days after [entry] 
        admission, and the minor children of such fiancee or 
        fiance accompanying him or following to join him;
          * * * * * * *
          (N)(i) the parent of an alien accorded the status of 
        special immigrant under paragraph (27)(I)(i) (or under 
        analogous authority under paragraph (27)(L)), but only 
        if and while the alien is a child, or (ii) a child of 
        such parent or of an alien accorded the status of a 
        special immigrant under clause (ii), (iii), or (iv) of 
        paragraph (27)(I) (or under analogous authority under 
        paragraph (27)(L));
          * * * * * * *
          (R) an alien, and the spouse and children of the 
        alien if accompanying or following to join the alien, 
        who--
                  (i) for the 2 years immediately preceding the 
                time of application for admission, has been a 
                member of a religious denomination having a 
                bona fide nonprofit, religious organization in 
                the United States; and
                  (ii) seeks to enter the United States for a 
                period not to exceed 5 years to perform the 
                work described in subclause (I), (II), or (III) 
                of paragraph (27)(C)(ii); [or]
          (S) subject to section [214(j)] 214(k), an alien--
                  (i)  * * *
                  (ii) who the Secretary of State and the 
                Attorney General jointly determine--
                          (I) is in possession of critical 
                        reliable information concerning a 
                        terrorist organization, enterprise, or 
                        operation;
                          (II) is willing to supply or has 
                        supplied such information to Federal 
                        law enforcement authorities or a 
                        Federal court;
                          (III) will be or has been placed in 
                        danger as a result of providing such 
                        information; and
                          (IV) is eligible to receive a reward 
                        under section 36(a) of the State 
                        Department Basic Authorities Act of 
                        1956,
        and, if the Attorney General (or with respect to clause 
        (ii), the Secretary of State and the Attorney General 
        jointly) considers it to be appropriate, the spouse, 
        married and unmarried sons and daughters, and parents 
        of an alien described in clause (i) or (ii) if 
        accompanying, or following to join, the alien[.]; or
          (T) an alien who is the spouse or child of a another 
        alien who is serving on active duty in the Armed Forces 
        of the United States during the period in which the 
        other alien is stationed in the United States.
          * * * * * * *
  (17) The term ``immigration laws'' includes this Act and all 
laws, conventions, and treaties of the United States relating 
to the immigration, exclusion, deportation, [or expulsion] 
expulsion, or removal of aliens.
          * * * * * * *
  (27) The term ``special immigrant'' means--
          (A)  * * *
          [(B) an immigrant who was a citizen of the United 
        States and may, under section 324(a) or 327 of title 
        III, apply for reacquisition of citizenship;]
          (C) an immigrant, and the immigrant's spouse and 
        children if accompanying or following to join the 
        immigrant, who--
                  (i) for at least 2 years immediately 
                preceding the time of application for 
                admission, has been a member of a religious 
                denomination having a bona fide nonprofit, 
                religious organization in the United States;
                  (ii) seeks to enter the United States--
                          (I) solely for the purpose of 
                        carrying on the vocation of a minister 
                        of that religious denomination,
                          (II) before October 1, [1997] 2005, 
                        in order to work for the organization 
                        at the request of the organization in a 
                        professional capacity in a religious 
                        vocation or occupation, or
                          (III) before October 1, [1997] 2005, 
                        in order to work for the organization 
                        (or for a bona fide organization which 
                        is affiliated with the religious 
                        denomination and is exempt from 
                        taxation as an organization described 
                        in section 501(c)(3) of the Internal 
                        Revenue Code of 1986) at the request of 
                        the organization in a religious 
                        vocation or occupation; and
                  (iii) has been carrying on such vocation, 
                professional work, or other work continuously 
                for at least the 2-year period described in 
                clause (i);
          (D) an immigrant who is an employee, or an honorably 
        retired former employee, of the United States 
        Government abroad, or of the American Institute in 
        Taiwan, and who has performed faithful service for a 
        total of fifteen years, or more, and his accompanying 
        spouse and children: Provided, That the principal 
        officer of a Foreign Service establishment (or, in the 
        case of the American Institute in Taiwan, the Director 
        thereof), in his discretion, shall have recommended the 
        granting of special immigrant status to such alien in 
        exceptional circumstances and the Secretary of State 
        approves such recommendation and finds that it is in 
        the national interest to grant such status;
          [(E) an immigrant, and his accompanying spouse and 
        children, who is or has been an employee of the Panama 
        Canal Company or Canal Zone Government before the date 
        on which the Panama Canal Treaty of 1977 (as described 
        in section 3 (a)(1) of the Panama Canal Act of 1979) 
        enters into force, who was resident in the Canal Zone 
        on the effective date of the exchange of instruments of 
        ratification of such Treaty, and who has performed 
        faithful service as such an employee for one year or 
        more;
          [(F) an immigrant, and his accompanying spouse and 
        children, who is a Panamanian national and (i) who, 
        before the date on which such Panama Canal Treaty of 
        1977 enters into force, has been honorably retired from 
        United States Government employment in the Canal Zone 
        with a total of 15 years or more of faithful service, 
        or (ii) who on the date on which such Treaty enters 
        into force, has been employed by the United States 
        Government in the Canal Zone with a total of 15 years 
        or more of faithful service and who subsequently is 
        honorably retired from such employment or continues to 
        be employed by the United States Government in an area 
        of the former Canal Zone or continues to be employed by 
        the United States Government in an area of the former 
        Canal Zone;
          [(G) an immigrant, and his accompanying spouse and 
        children, who was an employee of the Panama Canal 
        Company or Canal Zone government on the effective date 
        of the exchange of instruments of ratification of such 
        Panama Canal Treaty of 1977, who has performed faithful 
        service for five years or more as such an employee, and 
        whose personal safety, or the personal safety of whose 
        spouse or children, as a direct result of such Treaty, 
        is reasonably placed in danger because of the special 
        nature of any of that employment;
          [(H) an immigrant, and his accompanying spouse and 
        children, who--
                  [(i) has graduated from a medical school or 
                has qualified to practice medicine in a foreign 
                state,
                  [(ii) was fully and permanently licensed to 
                practice medicine in a State on January 9, 
                1978, and was practicing medicine in a State on 
                that date,
                  [(iii) entered the United States as a 
                nonimmigrant under subsection (a)(15)(H) or 
                (a)(15)(J) before January 10, 1978, and
                  [(iv) has been continuously present in the 
                United States in the practice or study of 
                medicine since the date of such entry;]
          * * * * * * *
          (J) an immigrant (i) who has been declared dependent 
        on a juvenile court located in the United States or 
        whom such a court has legally committed to, or placed 
        under the custody of, an agency or department of a 
        State and who has been deemed eligible by that court 
        for long-term foster care, and (ii) for whom it has 
        been determined in administrative or judicial 
        proceedings that it would not be in the alien's best 
        interest to be returned to the alien's or parent's 
        previous country of nationality or country of last 
        habitual residence; except that no natural parent or 
        prior adoptive parent of any alien provided special 
        immigrant status under this subparagraph shall 
        thereafter, by virtue of such parentage, be accorded 
        any right, privilege, or status under this Act; [or]
          (K) an immigrant who has served honorably on active 
        duty in the Armed Forces of the United States after 
        October 15, 1978, and after original lawful enlistment 
        outside the United States (under a treaty or agreement 
        in effect on the date of the enactment of this 
        subparagraph) for a period or periods aggregating--
                  (i) 12 years and who, if separated from such 
                service, was never separated except under 
                honorable conditions, or
                  (ii) 6 years, in the case of an immigrant who 
                is on active duty at the time of seeking 
                special immigrant status under this 
                subparagraph and who has reenlisted to incur a 
                total active duty service obligation of at 
                least 12 years,
        and the spouse or child of any such immigrant if 
        accompanying or following to join the immigrant, but 
        only if the executive department under which the 
        immigrant serves or served recommends the granting of 
        special immigrant status to the immigrant[.]; or
          (L) an immigrant who would be described in clause 
        (i), (ii), (iii), or (iv) of subparagraph (I) if any 
        reference in such a clause--
                  (i) to an international organization 
                described in paragraph (15)(G)(i) were treated 
                as a reference to the North American Treaty 
                Organization (NATO);
                  (ii) to a nonimmigrant under paragraph 
                (15)(G)(iv) were treated as a reference to a 
                nonimmigrant classifiable under NATO-6 (as a 
                member of a civilian component accompanying a 
                force entering in accordance with the 
                provisions of the NATO Status-of-Forces 
                Agreement, a member of a civilian component 
                attached to or employed by an Allied 
                Headquarters under the ``Protocol on the Status 
                of International Military Headquarters'' set up 
                pursuant to the North Atlantic Treaty, or as a 
                dependent); and
                  (iii) to the Immigration Technical 
                Corrections Act of 1988 or to the Immigration 
                and Nationality Technical Corrections Act of 
                1994 were a reference to the Immigration in the 
                National Interest Act of 1995.
          * * * * * * *
  (30) The term ``passport'' means any travel document issued 
by competent authority showing the bearer's origin, identity, 
and nationality if any, which is valid for the [entry] 
admission of the bearer into a foreign country.
          * * * * * * *
  (42) The term ``refugee'' means (A) any person who is outside 
any country of such person's nationality or, in the case of a 
person having no nationality, is outside any country in which 
such person last habitually resided, and who is unable or 
unwilling to return to, and is unable or unwilling to avail 
himself or herself of the protection of, that country because 
of persecution or a well-founded fear of persecution on account 
of race, religion, nationality, membership in a particular 
social group, or political opinion, or (B) in such 
circumstances as the President after appropriate consultation 
(as defined in section 207(e) of this Act) may specify, any 
person who is within the country of such person's nationality 
or, in the case of a person having no nationality, within the 
country in which such person is habitually residing, and who is 
persecuted or who has a well-founded fear of persecution on 
account of race, religion, nationality, membership in a 
particular social group, or political opinion. The term 
``refugee'' does not include any person who 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. 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.
  (43) The term ``aggravated felony'' means--
                  (A) murder;
          * * * * * * *
                  (K) an offense that--
                          (i) relates to the owning, 
                        controlling, managing, or supervising 
                        of a prostitution business; or
                          (ii) is described in section 1581, 
                        1582, 1583, 1584, 1585, or 1588[,] of 
                        title 18, United States Code (relating 
                        to peonage, slavery, and involuntary 
                        servitude);
          * * * * * * *
                  (N) an offense described in section 274(a)(1) 
                [of title 18, United States Code] of this Act 
                (relating to alien smuggling) for the purpose 
                of commercial advantage;
                  (O) an offense described in section 1546(a) 
                of title 18, United States Code (relating to 
                document fraud) [which constitutes trafficking 
                in the documents described in such section for 
                which the term of imprisonment imposed 
                (regardless of any suspicion of such 
                imprisonment) is at least 5 years], for the 
                purpose of commercial advantage;
          * * * * * * *
                  (Q) an attempt or conspiracy to commit an 
                offense described in this paragraph.
        The term applies to an offense described in this 
        paragraph whether in violation of Federal or State law 
        and applies to such an offense in violation of the law 
        of a foreign country for which the term of imprisonment 
        was completed within the previous 15 years. 
        Notwithstanding any other provision of law, the term 
        applies for all purposes to convictions entered before, 
        on, or after the date of enactment of the Immigration 
        and Nationality Technical Corrections Act of 1994.
          * * * * * * *
  (47) The term ``stowaway'' means any alien who obtains 
transportation without the consent of the owner, charterer, 
master or person in command of any vessel or aircraft through 
concealment aboard such vessel or aircraft. A passenger who 
boards with a valid ticket is not to be considered a stowaway.
  (48) The term ``conviction'' means a formal judgment of guilt 
entered by a court or, if adjudication of guilt has been 
withheld, where all of the following elements are present:
          (A) A judge or jury has found the alien guilty or the 
        alien has entered a plea of guilty or nolo contendere 
        or has admitted sufficient facts to warrant a finding 
        of guilt.
          (B) The judge has ordered some form of punishment, 
        penalty, or restraint on the alien's liberty to be 
        imposed.
          (C) A judgment or adjudication of guilt may be 
        entered if the alien violates the terms of the 
        probation or fails to comply with the requirements of 
        the court's order, without availability of further 
        proceedings regarding the alien's guilt or innocence of 
        the original charge.
  (b) As used in titles I and II--
  (1) The term ``child'' means an unmarried person under 
twenty-one years of age who is--
          (A) a child born in wedlock;
          * * * * * * *
          (D) a child born out of wedlock, by, through whom, or 
        on whose behalf a status, privilege, or benefit is 
        sought by virtue of the relationship of the child to 
        its natural mother or to its natural father if the 
        father has or had a bona fide parent-child relationship 
        with the person;
          (E) a child adopted while under the age of sixteen 
        years if the child has been in the legal custody of, 
        and has resided with, the adopting parent or parents 
        for at least two years: Provided, That no natural 
        parent of any such adopted child shall thereafter, by 
        virtue of such parentage, be accorded any right, 
        privilege, or status under this Act; [or]
          (F) a child, under the age of sixteen at the time a 
        petition is filed in his behalf to accord a 
        classification [as an immediate relative under section 
        201(b)] as a child of a citizen of the United States, 
        who is an orphan because of the death or disappearance 
        of, abandonment or desertion by, or separation or loss 
        from, both parents, or for whom the sole or surviving 
        parent is incapable of providing the proper care and 
        has in writing irrevocably released the child for 
        emigration and adoption; who has been adopted abroad by 
        a United States citizen and spouse jointly, or by an 
        unmarried United States citizen at least twenty-five 
        years of age, who personally saw and observed the child 
        prior to or during the adoption proceedings; or who is 
        coming to the United States for adoption by a United 
        States citizen and spouse jointly, or by an unmarried 
        United States citizen at least twenty-five years of 
        age, who have or has complied with the preadoption 
        requirements, if any, of the child's proposed 
        residence: Provided, That the Attorney General is 
        satisfied that proper care will be furnished the child 
        if admitted to the United States: Provided further, 
        That no natural parent or prior adoptive parent of any 
        such child shall thereafter, by virtue of such 
        parentage, be accorded any right, privilege, or status 
        under this Act[.]; or
          (G) a child of a citizen or national of the United 
        States or lawful permanent resident alien, regardless 
        of age, who has never been married, and who has a 
        severe mental or physical impairment, or combination of 
        mental or physical impairments, which--
                  (i) is likely to continue indefinitely; and
                  (ii) causes substantially total inability to 
                perform functions necessary for independent 
                living, including but not necessarily limited 
                to 3 or more of the following areas of major 
                life activity--
                          (I) self-care,
                          (II) interpersonal communication,
                          (III) learning,
                          (IV) mobility, and
                          (V) self-direction:
        Provided, That no child may be considered to be a child 
        within the meaning of this subparagraph on the basis, 
        in whole or in part, of any physical or mental 
        impairment that is not being ameliorated through 
        medical treatment to the maximum extent reasonably 
        possible given the ability and resources of such child 
        and the citizen, national, or lawful permanent resident 
        alien who is the child's parent.
          * * * * * * *
  [(4) The term ``special inquiry officer'' means any 
immigration officer who the Attorney General deems specially 
qualified to conduct specified classes of proceedings, in whole 
or in part, required by this Act to be conducted by or before a 
special inquiry officer and who is designated and selected by 
the Attorney General, individually or by regulation, to conduct 
such proceedings. Such special inquiry officer shall be subject 
to such supervision and shall perform such duties, not 
inconsistent with this Act, as the Attorney General shall 
prescribe.]
  (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.
          * * * * * * *
  (c) As used in title III--
  (1) The term ``child'' means an unmarried person under 
twenty-one years of age and includes a child legitimated under 
the law of the child's residence or domicile, or under the law 
of the father's residence or domicile, whether in the United 
States or elsewhere, and, except as otherwise provided in 
sections 320[, 321, and 322] and 321 of title III, a child 
adopted in the United States, if such legitimation or adoption 
takes place before the child reaches the age of sixteen years, 
and the child is in the legal custody of the legitimating or 
adopting parent or parents at the time of such legitimation or 
adoption.
          * * * * * * *
  (f) For the purposes of this Act--
  No person shall be regarded as, or found to be, a person of 
good moral character who, during the period for which good 
moral character is required to be established, is, or was--
          (1)  * * *
          * * * * * * *
          (3) a member of one or more of the classes of 
        persons, whether [excludable] inadmissible or not, 
        described in paragraphs (2)(D), (6)(E), and (9)(A) of 
        section 212(a) of this Act; or subparagraphs (A) and 
        (B) of section 212(a)(2) and subparagraph (C) thereof 
        of such section (except as such paragraph relates to a 
        single offense of simple possession of 30 grams or less 
        of marihuana); if the offense described therein, for 
        which such person was convicted or of which he admits 
        the commission, was committed during such period;
          * * * * * * *
  (g) For the purposes of this Act any alien ordered deported 
or removed (whether before or after the enactment of this Act) 
who has left the United States, shall be considered to have 
been deported or removed in pursuance of law, irrespective of 
the source from which the expenses of his transportation were 
defrayed or of the place to which he departed.
          * * * * * * *

           applicability of title ii to certain nonimmigrants

  Sec. 102. Except as otherwise provided in this Act, for so 
long as they continue in the nonimmigrant classes enumerated in 
this section, the provisions of this Act relating to 
ineligibility to receive visas and the [exclusion or 
deportation] removal of aliens shall not be construed to apply 
to nonimmigrants--
          (1)  * * *
          * * * * * * *

     powers and duties of the attorney general and the commissioner

  Sec. 103. (a)  * * *
          * * * * * * *
  (c)(1)  * * *
  (2) Such information shall include information on the alien 
population in the United States, on the rates of naturalization 
and emigration of resident aliens, on aliens who have been 
admitted, paroled, or granted asylum, on nonimmigrants in the 
United States (by occupation, basis for admission, and duration 
of stay), on aliens who have [been excluded or deported] not 
been admitted or have been removed from the United States, on 
the number of applications filed and granted for [suspension of 
deportation] cancellation of removal, and on the number of 
aliens estimated to be present unlawfully in the United States 
in each fiscal year.
          * * * * * * *
  (e)(1) The Attorney General shall continue to provide for 
such programs (including intensive language training programs) 
of inservice training for full-time and part-time personnel of 
the Border Patrol in contact with the public as will 
familiarize the personnel with the rights and varied cultural 
backgrounds of aliens and citizens in order to ensure and 
safeguard the constitutional and civil rights, personal safety, 
and human dignity of all individuals, aliens as well as 
citizens, within the jurisdiction of the United States with 
whom such personnel have contact in their work.
  (2) The Attorney General shall provide that the annual report 
of the Service include a description of steps taken to carry 
out paragraph (1).
          * * * * * * *

        [judicial review of orders of deportation and exclusion

  [Sec. 106. (a) The procedure prescribed by, and all the 
provisions of chapter 158 of title 28, United States Code, 
shall apply to, and shall be the sole and exclusive procedure 
for, the judicial review of all final orders of deportation 
heretofore or hereafter made against aliens within the United 
States pursuant to administrative proceedings under section 
242(b) or pursuant to section 242A of this Act or comparable 
provisions of any prior Act, except that--
          [(1) a petition for review may be filed not later 
        than 90 days after the date of the issuance of the 
        final deportation order, or, in the case of an alien 
        convicted of an aggravated felony (including an alien 
        described in section 242A), not later than 30 days 
        after the issuance of such order;
          [(2) the venue of any petition for review under this 
        section shall be in the judicial circuit in which the 
        administrative proceedings before a special inquiry 
        officer were conducted in whole or in part, or in the 
        judicial circuit wherein is the residence, as defined 
        in this Act, of the petitioner, but not in more than 
        one circuit;
          [(3) the action shall be brought against the 
        Immigration and Naturalization Service, as respondent. 
        Service of the petition to review shall be made upon 
        the Attorney General of the United States and upon the 
        official of the Immigration and Naturalization Service 
        in charge of the Service district in which the office 
        of the clerk of the court is located. The service of 
        the petition for review upon such official of the 
        Service shall stay the deportation of the alien pending 
        determination of the petition by the court, unless the 
        court otherwise directs or unless the alien is 
        convicted of an aggravated felony (including an alien 
        described in section 242A), in which case the Service 
        shall not stay the deportation of the alien pending 
        determination of the petition of the court unless the 
        court otherwise directs;
          [(4) except as provided in clause (B) of paragraph 
        (5) of this subsection, the petition shall be 
        determined solely upon the administrative record upon 
        which the deportation order is based and the Attorney 
        General's findings of fact, if supported by reasonable, 
        substantial, and probative evidence on the record 
        considered as a whole, shall be conclusive;
          [(5) whenever any petitioner, who seeks review of an 
        order under this section, claims to be a national of 
        the United States and makes a showing that his claim is 
        not frivolous, the court shall (A) pass upon the issues 
        presented when it appears from the pleadings and 
        affidavits filed by the parties that no genuine issue 
        of material fact is presented; or (B) where a genuine 
        issue of material fact as to the petitioner's 
        nationality is presented, transfer the proceedings to a 
        United States district court for the district where the 
        petitioner has his residence for hearing de novo of the 
        nationality claim and determination as if such 
        proceedings were originally initiated in the district 
        court under the provisions of section 2201 of title 28, 
        United States Code. Any such petitioner shall not be 
        entitled to have such issue determined under section 
        360(a) of this Act or otherwise;
          [(6) whenever a petitioner seeks review of an order 
        under this section, any review sought with respect to a 
        motion to reopen or reconsider such an order shall be 
        consolidated with the review of the order;
          [(7) if the validity of a deportation order has not 
        been judicially determined, its validity may be 
        challenged in a criminal proceeding against the alien 
        for violation of subsection (d) or (e) of section 242 
        of this Act only by separate motion for judicial review 
        before trial. Such motion shall be determined by the 
        court without a jury and before the trial of the 
        general issue. Whenever a claim to United States 
        nationality is made in such motion, and in the opinion 
        of the court, a genuine issue of material fact as to 
        the alien's nationality is presented, the court shall 
        accord him a hearing de novo on the nationality claim 
        and determine that issue as if proceedings had been 
        initiated under the provisions of section 2201 of title 
        28, United States Code. Any such alien shall not be 
        entitled to have such issue determined under section 
        360(a) of this Act or otherwise. If no such hearing de 
        novo as to nationality is conducted, the determination 
        shall be made solely upon the administrative record 
        upon which the deportation order is based and the 
        Attorney General's findings of fact, if supported by 
        reasonable, substantial and probative evidence on the 
        record considered as a whole, shall be conclusive. If 
        the deportation order is held invalid, the court shall 
        dismiss the indictment and the United States shall have 
        the right to appeal to the court of appeals within 
        thirty days. The procedure on such appeals shall be as 
        provided in the Federal rules of criminal procedure. No 
        petition for review under this section may be filed by 
        any alien during the pendency of a criminal proceeding 
        against such alien for violation of subsection (d) or 
        (e) of section 242 of this Act;
          [(8) nothing in this section shall be construed to 
        require the Attorney General to defer deportation of an 
        alien after the issuance of a deportation order because 
        of the right of judicial review of the order granted by 
        this section, or to relieve any alien from compliance 
        with subsections (d) and (e) of section 242 of this 
        Act. Nothing contained in this section shall be 
        construed to preclude the Attorney General from 
        detaining or continuing to detain an alien or from 
        taking him into custody pursuant to subsection (c) of 
        section 242 of this Act at any time after the issuance 
        of a deportation order;
          [(9) it shall not be necessary to print the record or 
        any part thereof, or the briefs, and the court shall 
        review the proceedings on a typewritten record and on 
        typewritten briefs; and
          [(10) any alien held in custody pursuant to an order 
        of deportation may obtain judicial review thereof by 
        habeas corpus proceedings.
  [(b) Notwithstanding the provisions of any other law, any 
alien against whom a final order of exclusion has been made 
heretofore or hereafter under the provisions of section 236 of 
this Act or comparable provisions of any prior Act may obtain 
judicial review of such order by habeas corpus proceedings and 
not otherwise.
  [(c) An order of deportation or of exclusion shall not be 
reviewed by any court if the alien has not exhausted the 
administrative remedies available to him as of right under the 
immigration laws and regulations or if he has departed from the 
United States after the issuance of the order. Every petition 
for review or for habeas corpus shall state whether the 
validity of the order has been upheld in any prior judicial 
proceeding, and, if so, the nature and date thereof, and the 
court in which such proceeding took place. No petition for 
review or for habeas corpus shall be entertained if the 
validity of the order has been previously determined in any 
civil or criminal proceeding, unless the petition presents 
grounds which the court finds could not have been presented in 
such prior proceeding, or the court finds that the remedy 
provided by such prior proceeding was inadequate or ineffective 
to test the validity of the order.
  [(d)(1) A petition for review or for habeas corpus on behalf 
of an alien against whom a final order of deportation has been 
issued pursuant to section 242A(b) may challenge only--
          [(A) whether the alien is in fact the alien described 
        in the order;
          [(B) whether the alien is in fact an alien described 
        in section 242A(b)(2);
          [(C) whether the alien has been convicted of an 
        aggravated felony and such conviction has become final; 
        and
          [(D) whether the alien was afforded the procedures 
        required by section 242A(b)(4).
  [(2) No court shall have jurisdiction to review any issue 
other than an issue described in paragraph (1).]

                         TITLE II--IMMIGRATION

                      Chapter 1--Selection System

                     worldwide level of immigration

  Sec. 201. (a) In General.--Exclusive of aliens described in 
subsection (b), aliens born in a foreign state or dependent 
area who may be issued immigrant visas or who may otherwise 
acquire the status of an alien lawfully admitted to the United 
States for permanent residence are limited to--
          (1)  * * *
          (2) employment-based immigrants described in section 
        203(b) (or who are admitted under section 211(a) on the 
        basis of a prior issuance of a visa to their 
        accompanying parent under section 203(b)), in a number 
        not to exceed in any fiscal year the number specified 
        in subsection (d) for that year, and not to exceed in 
        any of the first 3 quarters of any fiscal year 27 
        percent of the worldwide level under such subsection 
        for all of such fiscal year; [and]
          (3) for fiscal years beginning with fiscal year 1995, 
        diversity immigrants described in section 203(c) (or 
        who are admitted under section 211(a) on the basis of a 
        prior issuance of a visa to their accompanying parent 
        under section 203(c)) in a number not to exceed in any 
        fiscal year the number specified in subsection (e) for 
        that year, and not to exceed in any of the first 3 
        quarters of any fiscal year 27 percent of the worldwide 
        level under such subsection for all of such fiscal 
        year[.]; and
          (4) for fiscal years beginning with fiscal year 1997, 
        humanitarian immigrants described in section 203(e) (or 
        who are admitted under section 211(a) on the basis of a 
        prior issuance of a visa to their accompanying parent 
        under section 203(e)) in a number not to exceed in any 
        fiscal year the number specified in subsection (f) for 
        that year, and not to exceed in any of the first 3 
        quarters of any fiscal year 27 percent of the worldwide 
        level under such subsection for all of such fiscal 
        year.
  (b) Aliens Not Subject to Direct Numerical Limitations.--
Aliens described in this subsection, who are not subject to the 
worldwide levels or numerical limitations of subsection (a), 
are as follows:
          (1)(A) Special immigrants described in subparagraph 
        (A) [or (B)] of section 101(a)(27).
          * * * * * * *
          (C) Aliens whose status is adjusted to permanent 
        residence under section 210[, 210A,] or 245A.
          (D) Aliens whose [deportation is suspended] removal 
        is canceled under section [244(a)] 240A(a).
          (E) Aliens provided permanent resident status under 
        section 249.
          (2)(A)(i) [Immediate relatives.--For purposes of this 
        subsection, the term ``immediate relatives'' means the 
        children, spouses, and parents of a citizen of the 
        United States, except that, in the case of parents, 
        such citizens shall be at least 21 years of age.] An 
        alien who is a spouse or child of a citizen of the 
        United States. In the case of an alien who was the 
        spouse of a citizen of the United States for at least 2 
        years at the time of the citizen's death and was not 
        legally separated from the citizen at the time of the 
        citizen's death, the alien (and each child of the 
        alien) shall be considered, for purposes of this 
        subsection, to remain [an immediate relative] a spouse 
        of a citizen of the United States after the date of the 
        citizen's death but only if the spouse files a petition 
        under section 204(a)(1)(A)(ii) within 2 years after 
        such date and only until the date the spouse remarries.
          (ii) Aliens admitted under section 211(a) on the 
        basis of a prior issuance of a visa to their 
        accompanying parent who is [such an immediate relative] 
        a spouse of a citizen of the United States.
          (B) Aliens born to an alien lawfully admitted for 
        permanent residence during a temporary visit abroad.
  [(c) Worldwide Level of Family-Sponsored Immigrants.--(1)(A) 
The worldwide level of family-sponsored immigrants under this 
subsection for a fiscal year is, subject to subparagraph (B), 
equal to--
          [(i) 480,000, minus
          [(ii) the number computed under paragraph (2), plus
          [(iii) the number (if any) computed under paragraph 
        (3).
  [(B)(i) For each of fiscal years 1992, 1993, and 1994, 
465,000 shall be substituted for 480,000 in subparagraph 
(A)(i).
  [(ii) In no case shall the number computed under subparagraph 
(A) be less than 226,000.
  [(2) The number computed under this paragraph for a fiscal 
year is the sum of the number of aliens described in 
subparagraphs (A) and (B) of subsection (b)(2) who were issued 
immigrant visas or who otherwise acquired the status of aliens 
lawfully admitted to the United States for permanent residence 
in the previous fiscal year.
  [(3)(A) The number computed under this paragraph for fiscal 
year 1992 is zero.
  [(B) The number computed under this paragraph for fiscal year 
1993 is the difference (if any) between the worldwide level 
established under paragraph (1) for the previous fiscal year 
and the number of visas issued under section 203(a) during that 
fiscal year.
  [(C) The number computed under this paragraph for a 
subsequent fiscal year is the difference (if any) between the 
maximum number of visas which may be issued under section 
203(b) (relating to employment-based immigrants) during the 
previous fiscal year and the number of visas issued under that 
section during that year.]
  (c) Worldwide Level of Family-Sponsored Immigrants.--
          (1) In general.--Subject to the succeeding provisions 
        of this subsection, the worldwide level of family-
        sponsored immigrants under this subsection (in this 
        subsection referred to as the ``worldwide family 
        level'') for a fiscal year is 330,000.
          (2) Reduction for spouses and children of united 
        states citizens and certain other family-related 
        immigrants.--The worldwide family level for a fiscal 
        year shall be reduced (but not below a number 
        sufficient to provide for the minimum visa numbers 
        described in paragraph (4)) by the number of aliens 
        described in subsection (b)(2) who were issued 
        immigrant visas or who otherwise acquired the status of 
        aliens lawfully admitted to the United States for 
        permanent residence in the previous fiscal year.
          (3) Further reduction for any previous excess family 
        immigration.--
                  (A) In general.--If there are excess family 
                admissions in a particular fiscal year (as 
                determined under subparagraph (B)) beginning 
                with fiscal year 1997, then for the following 
                fiscal year the worldwide family level shall be 
                reduced (but not below a number sufficient to 
                provide for the minimum visa numbers described 
                in paragraph (4)) by the net number of excess 
                admissions in that particular fiscal year (as 
                defined in subparagraph (C)).
                  (B) Determination of excess family 
                admissions.--For purposes of subparagraph (A), 
                there are excess family admissions in a fiscal 
                year if--
                          (i) the number of aliens who are 
                        issued immigrant visas or who otherwise 
                        acquire the status of aliens lawfully 
                        admitted to the United States for 
                        permanent residence under section 
                        203(a) or subsection (b)(2) in a fiscal 
                        year, exceeds
                          (ii) 330,000, less the carryforward 
                        number of excess admissions for the 
                        previous fiscal year (as defined in 
                        subparagraph (D)).
                For purposes of this subparagraph, immigrant 
                visa numbers issued under section 553 of the 
                Immigration in the National Interest Act of 
                1995 (relating to certain transition 
                immigrants) shall not be counted under clause 
                (i).
                  (C) Net number of excess admissions.--For 
                purposes of subparagraph (A), the ``net number 
                of excess admissions'' for a fiscal year is--
                          (i) the excess described in 
                        subparagraph (B) for the fiscal year, 
                        reduced (but not below zero) by
                          (ii) the number (if any) by which the 
                        worldwide level under subsection (d) 
                        for the previous fiscal year exceeds 
                        the number of immigrants who are issued 
                        immigrant visas or who otherwise 
                        acquire the status of aliens lawfully 
                        admitted to the United States for 
                        permanent residence under section 
                        203(b) in that previous fiscal year.
                  (D) Carryforward number of excess 
                admissions.--For purposes of subparagraph 
                (B)(ii), the carryforward number of excess 
                admissions for a particular fiscal year is the 
                net number of excess admissions for the 
                previous fiscal year (as defined in 
                subparagraph (C)), reduced by the reductions 
                effected under subparagraph (A) and paragraph 
                (5) in visa numbers for the particular fiscal 
                year.
          (4) No reduction in number of spouses and children of 
        lawful permanent residents or parents of united states 
        citizens.--
                  (A) Spouses and children of lawful permanent 
                residents.--Any reductions in the worldwide 
                family level for a fiscal year under paragraph 
                (2) or (3) shall not reduce the number of visas 
                available to spouses and children of lawful 
                permanent residents below 85,000.
                  (B) Parents of united states citizens.--Any 
                reductions in the worldwide family level for a 
                fiscal year under paragraph (2) or (3) shall 
                not reduce the number of visas available to 
                parents of United States citizens below 25,000.
          (5) Adjustment in certain employment-based visa 
        numbers in case of remaining excess family 
        admissions.--
                  (A) In general.--If there is a remaining 
                excess number of family admissions (as 
                described in subparagraph (B)) in a fiscal year 
                (beginning with fiscal year 1997) that is 
                greater than zero, then for the following 
                fiscal year there shall be reductions in 
                immigrant visa numbers made available under 
                subsection (d) and section 203(b)(4) by the 
                lesser of--
                          (i) the remaining excess number of 
                        family admissions (described in 
                        subparagraph (B)), or
                          (ii) \1/2\ of the maximum number of 
                        visa numbers that could (but for this 
                        paragraph) otherwise be made available 
                        under section 203(b)(5) in such 
                        following fiscal year.
                  (B) Remaining excess number of family 
                admissions described.--For purposes of 
                subparagraph (A), the ``remaining excess number 
                of family admissions'' in a fiscal year is the 
                net number of excess admissions for the fiscal 
                year (as defined in paragraph (3)(C)), reduced 
                by the reduction (if any) effected under 
                paragraph (3) in visa numbers for the 
                succeeding fiscal year.
  [(d) Worldwide Level of Employment-Based Immigrants.--(1) The 
worldwide level of employment-based immigrants under this 
subsection for a fiscal year is equal to--
          [(A) 140,000, plus
          [(B) the number computed under paragraph (2).
  [(2)(A) The number computed under this paragraph for fiscal 
year 1992 is zero.
  [(B) The number computed under this paragraph for fiscal year 
1993 is the difference (if any) between the worldwide level 
established under paragraph (1) for the previous fiscal year 
and the number of visas issued under section 203(b) during that 
fiscal year.
  [(C) The number computed under this paragraph for a 
subsequent fiscal year is the difference (if any) between the 
maximum number of visas which may be issued under section 
203(a) (relating to family-sponsored immigrants) during the 
previous fiscal year and the number of visas issued under that 
section during that year.]
  (d) Worldwide Level of Employment-Based Immigrants.--The 
worldwide level of employment-based immigrants under this 
subsection for a fiscal year is--
          (1) 135,000, minus
          (2) beginning with fiscal year 1998, the total of the 
        reductions (if any) in visa numbers under section 
        203(a)(3)(C) made for the fiscal year pursuant to 
        subsection (c)(5) and in visa numbers under this 
        subsection for the fiscal year pursuant to section 
        203(a)(3)(B)(ii)(II).
  [(e) Worldwide Level of Diversity Immigrants.--The worldwide 
level of diversity immigrants is equal to 55,000 for each 
fiscal year.]
  (e) Worldwide Level of Diversity Immigrants.--The worldwide 
level of diversity immigrants is equal to 27,000 for each 
fiscal year.
  (f) Worldwide Level of Humanitarian Immigrants.--
          (1) In general.--Subject to the succeeding provisions 
        of this subsection, the worldwide level of humanitarian 
        immigrants (in this subsection referred to as the 
        ``worldwide humanitarian level'') under this subsection 
        for a fiscal year is equal to 70,000.
          (2) Reduction for humanitarian immigrants who are 
        refugees or asylees.--The worldwide humanitarian level 
        for a fiscal year shall be reduced by the sum of--
                  (A) 50,000, or, if less, the number of aliens 
                who were admitted as refugees under section 207 
                in the previous fiscal year, and
                  (B) the number of aliens who had been granted 
                asylum whose status was adjusted in the 
                previous fiscal year under section 209(b).
          (3) Reduction for prior year cancellation of removal 
        and registry.--The worldwide humanitarian level for a 
        fiscal year shall be further reduced by the sum of--
                  (A) the number of aliens whose removal was 
                canceled and who were provided lawful permanent 
                resident status in the previous fiscal year 
                under section 240A, and
                  (B) the number of aliens who were provided 
                permanent resident status in the previous 
                fiscal year under section 249.
          (4) Limitation.--In no case shall the worldwide 
        humanitarian level for a fiscal year (taking into 
        account any reductions under paragraphs (2) and (3)) 
        exceed 10,000.
  (g) Requirement for Periodic Review and Reauthorization of 
Worldwide Levels.--
          (1) Congressional review.--The Committees on the 
        Judiciary of the House of Representatives and of the 
        Senate shall undertake during fiscal year 2004 (and 
        each fifth fiscal year thereafter) a thorough review of 
        the appropriate worldwide levels of immigration to be 
        provided under this section during the 5-fiscal-year 
        period beginning with the second subsequent fiscal 
        year.
          (2) Congressional reauthorization.--The Congress, 
        after consideration of the reviews under paragraph (1) 
        and by amendment to this section, shall specify the 
        appropriate worldwide levels of immigration to be 
        provided under this section during the 5-fiscal-year 
        period beginning with the second subsequent fiscal 
        year.
          (3) Sunset in absence of reauthorization.--The 
        worldwide levels specified under the previous 
        provisions of this section are applicable only to 
        fiscal years 1997 through 2005. Immigrant visa numbers 
        for fiscal years after fiscal year 2005 that are 
        subject to such levels are only authorized to the 
        extent provided by amendment under paragraph (2) made 
        to this section.

            numerical limitation to any single foreign state

  Sec. 202. (a) Per Country Level.--
          (1) Nondiscrimination.--Except as specifically 
        provided in [paragraph (2)] paragraphs (2) and (5) and 
        in sections 101(a)(27), 201(b)(2)(A)(i), and 203, no 
        person shall receive any preference or priority or be 
        discriminated against in the issuance of an immigrant 
        visa because of the person's race, sex, nationality, 
        place of birth, or place of residence.
          * * * * * * *
          [(4) Special rules for spouses and children of lawful 
        permanent resident aliens.--
                  [(A) 75 percent of 2nd preference set-aside 
                for spouses and children not subject to per 
                country limitation.--
                          [(i) In general.--Of the visa numbers 
                        made available under section 203(a) to 
                        immigrants described in section 
                        203(a)(2)(A) in any fiscal year, 75 
                        percent of the 2-A floor (as defined in 
                        clause (ii)) shall be issued without 
                        regard to the numerical limitation 
                        under paragraph (2).
                          [(ii) 2-A floor defined.--In this 
                        paragraph, the term ``2-A floor'' 
                        means, for a fiscal year, 77 percent of 
                        the total number of visas made 
                        available under section 203(a) to 
                        immigrants described in section 
                        203(a)(2) in the fiscal year.
                  [(B) Treatment of remaining 25 percent for 
                countries subject to subsection (e).--
                          [(i) In general.--Of the visa numbers 
                        made available under section 203(a) to 
                        immigrants described in section 
                        203(a)(2)(A) in any fiscal year, the 
                        remaining 25 percent of the 2-A floor 
                        shall be available in the case of a 
                        state or area that is subject to 
                        subsection (e) only to the extent that 
                        the total number of visas issued in 
                        accordance with subparagraph (A) to 
                        natives of the foreign state or area is 
                        less than the subsection (e) ceiling 
                        (as defined in clause (ii)).
                          [(ii) Subsection (e) ceiling 
                        defined.--In clause (i), the term 
                        ``subsection (e) ceiling'' means, for a 
                        foreign state or dependent area, 77 
                        percent of the maximum number of visas 
                        that may be made available under 
                        section 203(a) to immigrants who are 
                        natives of the state or area under 
                        section 203(a)(2) consistent with 
                        subsection (e).
                  [(C) Treatment of unmarried sons and 
                daughters in countries subject to subsection 
                (e).--In the case of a foreign state or 
                dependent area to which subsection (e) applies, 
                the number of immigrant visas that may be made 
                available to natives of the state or area under 
                section 203(a)(2)(B) may not exceed--
                          [(i) 23 percent of the maximum number 
                        of visas that may be made available 
                        under section 203(a) to immigrants of 
                        the state or area described in section 
                        203(a)(2) consistent with subsection 
                        (e), or
                          [(ii) the number (if any) by which 
                        the maximum number of visas that may be 
                        made available under section 203(a) to 
                        immigrants of the state or area 
                        described in section 203(a)(2) 
                        consistent with subsection (e) exceeds 
                        the number of visas issued under 
                        section 203(a)(2)(A),
                whichever is greater.
                  [(D) Limiting pass down for certain countries 
                subject to subsection (e).--In the case of a 
                foreign state or dependent area to which 
                subsection (e) applies, if the total number of 
                visas issued under section 203(a)(2) exceeds 
                the maximum number of visas that may be made 
                available to immigrants of the state or area 
                under section 203(a)(2) consistent with 
                subsection (e) (determined without regard to 
                this paragraph), in applying paragraphs (3) and 
                (4) of section 203(a) under subsection (e)(2) 
                all visas shall be deemed to have been required 
                for the classes specified in paragraphs (1) and 
                (2) of such section.]
          (4) Special rules for spouses and children of lawful 
        permanent resident aliens.--
                  (A) 75 percent of 1st preference not subject 
                to per country limitation.--Of the visa numbers 
                made available under section 203(a) to 
                immigrants described in paragraph (1) of that 
                section in any fiscal year, 63,750 shall be 
                issued without regard to the numerical 
                limitation under paragraph (2).
                  (B) Limiting pass down for certain countries 
                subject to subsection (e).--In the case of a 
                foreign state or dependent area to which 
                subsection (e) applies, if the total number of 
                visas issued under section 203(a)(1) exceeds 
                the maximum number of visas that may be made 
                available to immigrants of the state or area 
                under such section consistent with subsection 
                (e) (determined without regard to this 
                paragraph), in applying paragraph (2) of 
                section 203(a) under subsection (e)(2) all 
                visas shall be deemed to have been required for 
                the classes specified in paragraph (1) of such 
                section.
          (5) Per country levels for humanitarian immigrants.--
        The total number of immigrant visas made available to 
        natives of any single foreign state or dependent area 
        under section 203(d) in any fiscal year may not exceed 
        50 percent (in the case of a single foreign state) or 
        15 percent (in the case of a dependent area) of the 
        total number of such visas made available under such 
        subsection in that fiscal year.
          (6) Construction.--Nothing in paragraph (1) shall be 
        construed to limit the authority of the Secretary of 
        State to determine the procedures for the processing of 
        immigrant visa applications or the locations where such 
        applications will be processed.
          * * * * * * *
  (e) Special Rules for Countries at Ceiling.--If it is 
determined that the total number of immigrant visas made 
available under subsections (a) and (b) of section 203 to 
natives of any single foreign state or dependent area will 
exceed the numerical limitation specified in subsection (a)(2) 
in any fiscal year, in determining the allotment of immigrant 
visa numbers to natives under subsections (a) and (b) of 
section 203, visa numbers with respect to natives of that state 
or area shall be allocated (to the extent practicable and 
otherwise consistent with this section and section 203) in a 
manner so that--
          (1) the ratio of the visa numbers made available 
        under section 203(a) to the visa numbers made available 
        under section 203(b) is equal to the ratio of the 
        worldwide level of immigration under section 201(c) to 
        such level under section 201(d) (determined without 
        regard to subsections (c)(4) and (d)(2) of section 
        201);
          (2) except as provided in subsection (a)(4), the 
        proportion of the visa numbers made available under 
        each of [paragraphs (1) through (4)] paragraphs (1) and 
        (2) of section 203(a) is equal to the ratio of the 
        total number of visas made available under the 
        respective paragraph to the total number of visas made 
        available under section 203(a), and
          (3) the proportion of the visa numbers made available 
        under each of paragraphs (1) [through (5)] through (6) 
        of section 203(b) is equal to the ratio of the total 
        number of visas made available under the respective 
        paragraph to the total number of visas made available 
        under section 203(b).
Nothing in this subsection shall be construed as limiting the 
number of visas that may be issued to natives of a foreign 
state or dependent area under section 203(a) or 203(b) if there 
is insufficient demand for visas for such natives under section 
203(b) or 203(a), respectively, or as limiting the number of 
visas that may be issued under section [203(a)(2)(A)] 203(a)(1) 
pursuant to subsection (a)(4)(A).
          * * * * * * *

                     allocation of immigrant visas

  Sec. 203. (a) Preference Allocation for Family-Sponsored 
Immigrants.--Aliens subject to the worldwide level specified in 
section 201(c) for family-sponsored immigrants shall be 
allotted visas as follows:
          [(1) Unmarried sons and daughters of citizens.--
        Qualified immigrants who are the unmarried sons or 
        daughters of citizens of the United States shall be 
        allocated visas in a number not to exceed 23,400, plus 
        any visas not required for the class specified in 
        paragraph (4).
          [(2) Spouses and unmarried sons and unmarried 
        daughters of permanent resident aliens.--Qualified 
        immigrants--
                  [(A) who are the spouses or children of an 
                alien lawfully admitted for permanent 
                residence, or
                  [(B) who are the unmarried sons or unmarried 
                daughters (but are not the children) of an 
                alien lawfully admitted for permanent 
                residence,
        shall be allocated visas in a number not to exceed 
        114,200, plus the number (if any) by which such 
        worldwide level exceeds 226,000, plus any visas not 
        required for the class specified in paragraph (1); 
        except that not less than 77 percent of such visa 
        numbers shall be allocated to aliens described in 
        subparagraph (A).
          [(3) Married sons and married daughters of 
        citizens.--Qualified immigrants who are the married 
        sons or married daughters of citizens of the United 
        States shall be allocated visas in a number not to 
        exceed 23,400, plus any visas not required for the 
        classes specified in paragraphs (1) and (2).
          [(4) Brothers and sisters of citizens.--Qualified 
        immigrants who are the brothers or sisters of citizens 
        of the United States, if such citizens are at least 21 
        years of age, shall be allocated visas in a number not 
        to exceed 65,000, plus any visas not required for the 
        classes specified in paragraphs (1) through (3).]
          (1) Spouses and children of lawful permanent resident 
        aliens.--Immigrants who are the spouses and children of 
        an alien lawfully admitted for permanent residence 
        shall be allocated visas in a number not to exceed 
        85,000, plus any immigrant visas not used under 
        paragraphs (2) and (3).
          (2) Parents of united states citizens.--
                  (A) In general.--Immigrants who are the 
                parents of an individual who is at least 21 
                years of age and a citizen of the United States 
                shall be allocated visas in a number, which is 
                not less than 25,000 and does not exceed the 
                lesser of--
                          (i) 45,000, or
                          (ii) the number by which the 
                        worldwide level exceeds 85,000.
                  (B) Reference to insurance requirement.--For 
                requirement relating to insurance for parents, 
                see section 212(a)(4)(D).
          (3) Adult sons and daughters.--
                  (A) In general.--Immigrants who are the 
                qualifying adult sons or daughters (as defined 
                in subparagraph (C)) of an individual who is 
                (i) at least 21 years of age and (ii) either a 
                citizen of the United States or an alien 
                lawfully admitted for permanent residence shall 
                be allocated visas according to the levels 
                established in subparagraph (B).
                  (B) Allocation of visas to adult sons and 
                daughters of united states citizens and 
                permanent resident aliens.--
                          (i) In general.--Subject to clause 
                        (ii), any remaining visas shall be 
                        allocated under this paragraph in a 
                        number not to exceed the lesser of--
                                  (I) 5,000, or
                                  (II) the number by which the 
                                worldwide level exceeds the sum 
                                of 85,000 and the number of 
                                immigrant visas used under 
                                paragraph (2).
                          (ii) Allocation of additional visa 
                        numbers.--
                                  (I) In general.--If the 
                                demand for visa numbers under 
                                this paragraph exceeds the 
                                number (if any) available under 
                                clause (i) in any fiscal year, 
                                an additional number of visas 
                                shall be made available under 
                                this paragraph, but not to 
                                exceed 5,000 additional visas 
                                numbers in any fiscal year.
                                  (II) Offsetting reduction in 
                                the levels of employment-based 
                                visas.--If an additional number 
                                of visa numbers are made 
                                available under subclause (I) 
                                in a fiscal year, the number of 
                                visas made available under 
                                section 201(a)(2) and 
                                paragraphs (1) through (6) of 
                                subsection (b) in the fiscal 
                                year shall be reduced by a 
                                number equal to such additional 
                                number reduced by the amount 
                                (if any) by which 110,000 
                                exceeds the number of immigrant 
                                visas used under paragraphs (1) 
                                and (2) of this subsection in 
                                the fiscal year. The reduction 
                                under each such paragraph of 
                                subsection (b) shall be in the 
                                same proportion to the total 
                                reduction as the ratio of the 
                                numerical limitation under each 
                                such paragraph specified under 
                                such subsection to the 
                                worldwide level of employment-
                                based immigrants (as specified 
                                in section 201(d)).
                  (C) Qualifications.--For purposes of this 
                paragraph, the term ``qualifying adult son or 
                daughter'' means an immigrant who, as of the 
                date of approval of the classification petition 
                under section 204(a)(1)--
                          (i) is at least 21, but not more than 
                        25 years of age,
                          (ii) has never been married,
                          (iii) is childless, and
                          (iv) would qualify as a dependent of 
                        the petitioning individual for Federal 
                        income tax purposes, except that the 
                        immigrant does not meet the residence 
                        requirements.
                  (D) Three-year conditional requirement.--
                          (i) Conditional basis for status.--
                        Notwithstanding any other provision of 
                        this Act, an alien provided lawful 
                        permanent residence status on the basis 
                        of being a qualifying adult son or 
                        daughter shall be considered, at the 
                        time of obtaining the status of an 
                        alien lawfully admitted for permanent 
                        residence, to have obtained such status 
                        on a conditional basis subject to the 
                        provisions of this subparagraph.
                          (ii) Requirements of notice and 
                        petitioning for removal of conditional 
                        status.--The Attorney General shall 
                        establish, by regulation, procedures 
                        which incorporate the requirements of 
                        notice and petitioning for removal of 
                        conditional status similar to the 
                        requirements for removal of conditional 
                        status under section 216A.
                          (iii) Termination of status.--In the 
                        case of an alien with permanent 
                        resident status on a conditional basis 
                        under clause (i), the alien must 
                        demonstrate that the alien met the 
                        qualifications set forth in 
                        subparagraph (C) as of the date of 
                        approval of the classification petition 
                        under section 204(a). In the absence of 
                        such a demonstration by the alien, the 
                        alien's status shall be terminated.
                          (iv) Special rule.--In applying 
                        section 216A under this subparagraph, 
                        any reference to the ``second'' 
                        anniversary in such section is deemed a 
                        reference to the ``third'' anniversary.
  (b) Preference Allocation for Employment-Based Immigrants.--
Aliens subject to the worldwide level specified in section 
201(d) for employment-based immigrants in a fiscal year shall 
be allotted visas as follows:
          [(1) Priority workers.--Visas shall first be made 
        available in a number not to exceed 28.6 percent of 
        such worldwide level, plus any visas not required for 
        the classes specified in paragraphs (4) and (5), to 
        qualified immigrants who are aliens described in any of 
        the following subparagraphs (A) through (C):
                  [(A) Aliens with extraordinary ability.--An 
                alien is described in this subparagraph if--
                          [(i) the alien has extraordinary 
                        ability in the sciences, arts, 
                        education, business, or athletics which 
                        has been demonstrated by sustained 
                        national or international acclaim and 
                        whose achievements have been recognized 
                        in the field through extensive 
                        documentation,
                          [(ii) the alien seeks to enter the 
                        United States to continue work in the 
                        area of extraordinary ability, and
                          [(iii) the alien's entry into the 
                        United States will substantially 
                        benefit prospectively the United 
                        States.
                  [(B) Outstanding professors and 
                researchers.--An alien is described in this 
                subparagraph if--
                          [(i) the alien is recognized 
                        internationally as outstanding in a 
                        specific academic area,
                          [(ii) the alien has at least 3 years 
                        of experience in teaching or research 
                        in the academic area, and
                          [(iii) the alien seeks to enter the 
                        United States--
                                  [(I) for a tenured position 
                                (or tenure-track position) 
                                within a university or 
                                institution of higher education 
                                to teach in the academic area,
                                  [(II) for a comparable 
                                position with a university or 
                                institution of higher education 
                                to conduct research in the 
                                area, or
                                  [(III) for a comparable 
                                position to conduct research in 
                                the area with a department, 
                                division, or institute of a 
                                private employer, if the 
                                department, division, or 
                                institute employs at least 3 
                                persons full-time in research 
                                activities and has achieved 
                                documented accomplishments in 
                                an academic field.
                  [(C) Certain multinational executives and 
                managers.--An alien is described in this 
                subparagraph if the alien, in the 3 years 
                preceding the time of the alien's application 
                for classification and admission into the 
                United States under this subparagraph, has been 
                employed for at least 1 year by a firm or 
                corporation or other legal entity or an 
                affiliate or subsidiary thereof and the alien 
                seeks to enter the United States in order to 
                continue to render services to the same 
                employer or to a subsidiary or affiliate 
                thereof in a capacity that is managerial or 
                executive.
          [(2) Aliens who are members of the professions 
        holding advanced degrees or aliens of exceptional 
        ability.--
                  [(A) In general.--Visas shall be made 
                available, in a number not to exceed 28.6 
                percent of such worldwide level, plus any visas 
                not required for the classes specified in 
                paragraph (1), to qualified immigrants who are 
                members of the professions holding advanced 
                degrees or their equivalent or who because of 
                their exceptional ability in the sciences, 
                arts, or business, will substantially benefit 
                prospectively the national economy, cultural or 
                educational interests, or welfare of the United 
                States, and whose services in the sciences, 
                arts, professions, or business are sought by an 
                employer in the United States.
                  [(B) Waiver of job offer.--The Attorney 
                General may, when he deems it to be in the 
                national interest, waive the requirement of 
                subparagraph (A) that an alien's services in 
                the sciences, arts, professions, or business be 
                sought by an employer in the United States.
                  [(C) Determination of exceptional ability.--
                In determining under subparagraph (A) whether 
                an immigrant has exceptional ability, the 
                possession of a degree, diploma, certificate, 
                or similar award from a college, university, 
                school, or other institution of learning or a 
                license to practice or certification for a 
                particular profession or occupation shall not 
                by itself be considered sufficient evidence of 
                such exceptional ability.
          [(3) Skilled workers, professionals, and other 
        workers.--
                  [(A) In general.--Visas shall be made 
                available, in a number not to exceed 28.6 
                percent of such worldwide level, plus any visas 
                not required for the classes specified in 
                paragraphs (1) and (2), to the following 
                classes of aliens who are not described in 
                paragraph (2):
                          [(i) Skilled workers.--Qualified 
                        immigrants who are capable, at the time 
                        of petitioning for classification under 
                        this paragraph, of performing skilled 
                        labor (requiring at least 2 years 
                        training or experience), not of a 
                        temporary or seasonal nature, for which 
                        qualified workers are not available in 
                        the United States.
                          [(ii) Professionals.--Qualified 
                        immigrants who hold baccalaureate 
                        degrees and who are members of the 
                        professions.
                          [(iii) Other workers.--Other 
                        qualified immigrants who are capable, 
                        at the time of petitioning for 
                        classification under this paragraph, of 
                        performing unskilled labor, not of a 
                        temporary or seasonal nature, for which 
                        qualified workers are not available in 
                        the United States.
                  [(B) Limitation on other workers.--Not more 
                than 10,000 of the visas made available under 
                this paragraph in any fiscal year may be 
                available for qualified immigrants described in 
                subparagraph (A)(iii).
                  [(C) Labor certification required.--An 
                immigrant visa may not be issued to an 
                immigrant under subparagraph (A) until the 
                consular officer is in receipt of a 
                determination made by the Secretary of Labor 
                pursuant to the provisions of section 
                212(a)(5)(A).
          [(4) Certain special immigrants.--Visas shall be made 
        available, in a number not to exceed 7.1 percent of 
        such worldwide level, to qualified special immigrants 
        described in section 101(a)(27) (other than those 
        described in subparagraph (A) or (B) thereof), of which 
        not more than 5,000 may be made available in any fiscal 
        year to special immigrants described in subclause (II) 
        or (III) of section 101(a)(27)(C)(ii).
          [(5) Employment creation.--
                  [(A) In general.--Visas shall be made 
                available, in a number not to exceed 7.1 
                percent of such worldwide level, to qualified 
                immigrants seeking to enter the United States 
                for the purpose of engaging in a new commercial 
                enterprise--
                          [(i) which the alien has established,
                          [(ii) in which such alien has 
                        invested (after the date of the 
                        enactment of the Immigration Act of 
                        1990) or, is actively in the process of 
                        investing, capital in an amount not 
                        less than the amount specified in 
                        subparagraph (C), and
                          [(iii) which will benefit the United 
                        States economy and create full-time 
                        employment for not fewer than 10 United 
                        States citizens or aliens lawfully 
                        admitted for permanent residence or 
                        other immigrants lawfully authorized to 
                        be employed in the United States (other 
                        than the immigrant and the immigrant's 
                        spouse, sons, or daughters).
                  [(B) Set-aside for targeted employment 
                areas.--
                          [(i) In general.--Not less than 3,000 
                        of the visas made available under this 
                        paragraph in each fiscal year shall be 
                        reserved for qualified immigrants who 
                        establish a new commercial enterprise 
                        described in subparagraph (A) which 
                        will create employment in a targeted 
                        employment area.
                          [(ii) Targeted employment area 
                        defined.--In this paragraph, the term 
                        ``targeted employment area'' means, at 
                        the time of the investment, a rural 
                        area or an area which has experienced 
                        high unemployment (of at least 150 
                        percent of the national average rate).
                          [(iii) Rural area defined.--In this 
                        paragraph, the term ``rural area'' 
                        means any area other than an area 
                        within a metropolitan statistical area 
                        or within the outer boundary of any 
                        city or town having a population of 
                        20,000 or more (based on the most 
                        recent decennial census of the United 
                        States).
                  [(C) Amount of capital required.--
                          [(i) In general.--Except as otherwise 
                        provided in this subparagraph, the 
                        amount of capital required under 
                        subparagraph (A) shall be $1,000,000. 
                        The Attorney General, in consultation 
                        with the Secretary of Labor and the 
                        Secretary of State, may from time to 
                        time prescribe regulations increasing 
                        the dollar amount specified under the 
                        previous sentence.
                          [(ii) Adjustment for targeted 
                        employment areas.--The Attorney General 
                        may, in the case of investment made in 
                        a targeted employment area, specify an 
                        amount of capital required under 
                        subparagraph (A) that is less than (but 
                        not less than \1/2\ of) the amount 
                        specified in clause (i).
                          [(iii) Adjustment for high employment 
                        areas.--In the case of an investment 
                        made in a part of a metropolitan 
                        statistical area that at the time of 
                        the investment--
                                  [(I) is not a targeted 
                                employment area, and
                                  [(II) is an area with an 
                                unemployment rate significantly 
                                below the national average 
                                unemployment rate,
                        the Attorney General may specify an 
                        amount of capital required under 
                        subparagraph (A) that is greater than 
                        (but not greater than 3 times) the 
                        amount specified in clause (i).]
          (1) Aliens with extraordinary ability.--Visas shall 
        first be made available in a number not to exceed 
        15,000 of such worldwide level to immigrants--
                  (A) who have extraordinary ability in the 
                sciences, arts, education, business, or 
                athletics which has been demonstrated by 
                sustained national or international acclaim and 
                whose achievements have been recognized in the 
                field through sufficient documentation,
                  (B) who seek to be admitted into the United 
                States to continue work in the area of 
                extraordinary ability, and
                  (C) whose admission into the United States 
                will substantially benefit prospectively the 
                United States.
          (2) Aliens who are outstanding professors and 
        researchers or multinational executives and managers.--
                  (A) In general.--Visas shall be made 
                available, in a number not to exceed 30,000 of 
                such worldwide level, plus any visas not 
                required for the class specified in paragraph 
                (1), to immigrants who are aliens described in 
                subparagraph (B) or (C).
                  (B) Outstanding professors and researchers.--
                An alien is described in this subparagraph if--
                          (i) the alien is recognized 
                        internationally as outstanding in a 
                        specific academic area,
                          (ii) the alien has at least 3 years 
                        of experience in teaching or research 
                        in the academic area, and
                          (iii) the alien seeks to enter the 
                        United States--
                                  (I) for a tenured position 
                                (or tenure-track position) 
                                within a university or 
                                institution of higher education 
                                to teach in the academic area,
                                  (II) for a comparable 
                                position with a university or 
                                institution of higher education 
                                to conduct research in the 
                                area, or
                                  (III) for a comparable 
                                position to conduct research in 
                                the area with a department, 
                                division, or institute of a 
                                private employer, if the 
                                department, division, or 
                                institute employs at least 3 
                                persons full-time in research 
                                activities and has achieved 
                                documented accomplishments in 
                                an academic field.
                          (C) Certain multinational executives 
                        and managers.--An alien is described in 
                        this subparagraph if the alien, in the 
                        3 years preceding the time of the 
                        alien's application for classification 
                        and admission into the United States 
                        under this subparagraph, has been 
                        employed for at least 1 year by a firm 
                        or corporation or other legal entity or 
                        an affiliate or subsidiary thereof and 
                        the alien seeks to enter the United 
                        States in order to continue to render 
                        services to the same employer or to a 
                        subsidiary or affiliate thereof in a 
                        capacity that is managerial or 
                        executive.
          (3) Aliens who are members of the professions holding 
        advanced degrees or aliens of exceptional ability.--
                  (A) In general.--Visas shall be made 
                available, in a number not to exceed 30,000 of 
                such worldwide level, plus any visas not 
                required for the classes specified in 
                paragraphs (1) and (2), to immigrants who are 
                aliens described in subparagraph (B).
                  (B) Aliens who are members of the professions 
                holding advanced degrees or aliens of 
                exceptional ability.--
                          (i) In general.--An alien is 
                        described in this subparagraph if the 
                        alien is a member of a profession 
                        holding an advanced degree or its 
                        equivalent or who because of 
                        exceptional ability in the sciences, 
                        arts, or business will substantially 
                        benefit prospectively the national 
                        economy, cultural or educational 
                        interests, or welfare of the United 
                        States, and whose services in the 
                        sciences, arts, professions, or 
                        business are sought by an employer in 
                        the United States.
                          (ii) Determination of exceptional 
                        ability.--In determining under clause 
                        (i) whether an immigrant has 
                        exceptional ability, the possession of 
                        a degree, diploma, certificate, or 
                        similar award from a college, 
                        university, school, or other 
                        institution of learning or a license to 
                        practice or certification for a 
                        particular profession or occupation 
                        shall not by itself be considered 
                        sufficient evidence of such exceptional 
                        ability.
                          (iii) Labor certification required.--
                        An immigrant visa may not be issued to 
                        an immigrant under this subparagraph 
                        until the consular officer is in 
                        receipt of a determination made by the 
                        Secretary of Labor pursuant to the 
                        provisions of section 212(a)(5)(A).
                          (iv) National interest waiver.--The 
                        Attorney General may waive the 
                        requirement under clause (iii) and the 
                        requirement under clause (i) that an 
                        alien's services be sought by an 
                        employer in the United States only if--
                                  (I) such a waiver is 
                                necessary to substantially 
                                benefit--
                                          (aa) the national 
                                        security, national 
                                        defense, or Federal, 
                                        State, or local law 
                                        enforcement;
                                          (bb) health care, 
                                        housing, or educational 
                                        opportunities for an 
                                        indigent or low-income 
                                        population or in an 
                                        underserved 
                                        geographical area;
                                          (cc) economic or 
                                        employment 
                                        opportunities for a 
                                        specific industry or a 
                                        specific geographical 
                                        area;
                                          (dd) the development 
                                        of new technologies; or
                                          (ee) environmental 
                                        protection or the 
                                        productive use of 
                                        natural resources, and
                                  (II) the alien will engage in 
                                a specific undertaking to 
                                advance one or more of the 
                                interests under subclause (I).
          (4) Skilled workers and professionals.--
                  (A) In general.--Visas shall be made 
                available, in a number not to exceed 45,000 of 
                such worldwide level, plus any visas not 
                required for the classes specified in 
                paragraphs (1) through (3) to immigrants who 
                are described in subparagraph (B) or (C).
                  (B) Skilled workers.--An alien described in 
                this subparagraph is an immigrant who is 
                capable, at the time a petition is filed, of 
                performing skilled labor (requiring at least 2 
                years of training or experience), not of a 
                temporary or seasonal nature, for which 
                qualified workers are not available in the 
                United States, and who has a total of 4 years 
                of training or experience (or both) with 
                respect to such labor.
                  (C) Professionals.--
                          (i) In general.--An alien described 
                        in this subparagraph is an immigrant 
                        who holds a baccalaureate degree and is 
                        a member of the professions and, 
                        subject to clause (ii), has at least 2 
                        years of experience in the profession 
                        after the receipt of the degree.
                          (ii) Special rule for language 
                        teachers.--An alien who is a teacher 
                        and has (within the previous 5 years) 
                        at least 2 years of experience teaching 
                        a language (other than English) full-
                        time at an accredited elementary or 
                        middle school may be classified and 
                        admitted as a professional under this 
                        subparagraph if the alien is seeking 
                        admission to teach such language full-
                        time in an accredited elementary or 
                        middle school.
                  (D) Labor certification required.--An 
                immigrant visa may not be issued to an 
                immigrant under this paragraph until the 
                consular officer is in receipt of a 
                determination made by the Secretary of Labor 
                pursuant to the provisions of section 
                212(a)(5)(A).
                  (E) Experience requirement.--Any period of 
                experience acquired as a nonimmigrant under 
                section 101(a)(15)(E), 101(a)(15)(H)(i), or 
                101(a)(15)(L) may be used to fulfill a 
                requirement for experience under this 
                paragraph.
          (5) Investors in job creation.--
                  (A) In general.--Visas shall be made 
                available, in a number not to exceed 10,000 of 
                such worldwide level less the reduction in visa 
                numbers under this paragraph required to be 
                effected under section 201(c)(5)(A) for the 
                fiscal year involved, to immigrants seeking to 
                enter the United States for the purpose of 
                engaging in a new commercial enterprise--
                          (i) which the alien has established,
                          (ii) in which the alien has invested 
                        (after the date of the enactment of the 
                        Immigration Act of 1990), or is 
                        actively in the process of investing, 
                        capital in an amount not less 
                        $1,000,000, and
                          (iii) which will benefit the United 
                        States economy and create full-time 
                        employment for not fewer than 10 United 
                        States citizens or aliens lawfully 
                        admitted for permanent residence or 
                        other immigrants lawfully authorized to 
                        be employed in the United States (other 
                        than the immigrant and the immigrant's 
                        spouse, sons, or daughters).
                  (B) Pilot program.--For each of fiscal years 
                1997 and 1998, up to 2,000 visas otherwise made 
                available under this paragraph shall be made 
                available to immigrants who would be described 
                in subparagraph (A) if ``$500,000'' were 
                substituted for ``$1,000,000'' in subparagraph 
                (A)(ii) and if ``for not fewer than 5'' were 
                substituted for ``for not fewer than 10'' in 
                subparagraph (A)(iii). By not later than April 
                1, 1998, the Attorney General shall submit to 
                Congress a report on the operation of this 
                subparagraph and shall include in the report 
                information describing the immigrants admitted 
                under this paragraph and the enterprises they 
                invest in and a recommendation on whether the 
                pilot program under this subparagraph should be 
                continued or modified.
          (6) Certain special immigrants.--Visas shall be made 
        available, in a number not to exceed 5,000 of such 
        worldwide level, to qualified special immigrants 
        described in section 101(a)(27) (other than those 
        described in subparagraph (A) thereof), of which not 
        more than 4,000 may be made available in any fiscal 
        year to special immigrants described in subclause (II) 
        or (III) of section 101(a)(27)(C)(ii).
          [(6)] (7) Special rules for ``k'' special 
        immigrants.--
                  (A) Not counted against numerical limitation 
                in year involved.--Subject to subparagraph (B), 
                the number of immigrant visas made available to 
                special immigrants under section 101(a)(27)(K) 
                in a fiscal year shall not be subject to the 
                numerical limitations of this subsection or of 
                section 202(a).
                  (B) Counted against numerical limitations in 
                following year.--
                          (i) Reduction in employment-based 
                        immigrant classifications.--The number 
                        of visas made available in any fiscal 
                        year under paragraphs (1), (2), [and 
                        (3) shall each be reduced by \1/3\] 
                        (3), and (4) shall each be reduced by 
                        the same proportion, as the proportion 
                        (of the visa numbers made available 
                        under all such paragraphs) that were 
                        made available under each respective 
                        paragraph, of the number of visas made 
                        available in the previous fiscal year 
                        to special immigrants described in 
                        section 101(a)(27)(K).
                          (ii) Reduction in per country 
                        level.--The number of visas made 
                        available in each fiscal year to 
                        natives of a foreign state under 
                        section 202(a) shall be reduced by the 
                        number of visas made available in the 
                        previous fiscal year to special 
                        immigrants described in section 
                        101(a)(27)(K) who are natives of the 
                        foreign state.
                          (iii) Reduction in employment-based 
                        immigrant classifications within per 
                        country ceiling.--In the case of a 
                        foreign state subject to section 202(e) 
                        in a fiscal year (and in the previous 
                        fiscal year), the number of visas made 
                        available and allocated to each of 
                        paragraphs (1) through [(3) of this 
                        subsection in the fiscal year shall be 
                        reduced by \1/3\] (4) in the fiscal 
                        year reduced by the same proportion, as 
                        the proportion (of the visa numbers 
                        made available under all such 
                        paragraphs to natives of the foreign 
                        state) that were made available under 
                        each respective paragraph to such 
                        natives, of the number of visas made 
                        available in the previous fiscal year 
                        to special immigrants described in 
                        section 101(a)(27)(K) who are natives 
                        of the foreign state.
          (8) Not counting work experience as an unauthorized 
        alien.--For purposes of this subsection, work 
        experience obtained in employment in the United States 
        with respect to which the alien was an unauthorized 
        alien (as defined in section 274A(h)(3)) shall not be 
        taken into account.
  (c) Diversity Immigrants.--
          (1) In general.--Except as provided in paragraph (2), 
        aliens subject to the worldwide level specified in 
        section 201(e) for diversity immigrants shall be 
        allotted visas each fiscal year as follows:
                  (A) Determination of preference 
                immigration.--The Attorney General shall 
                determine for the most recent previous 5-
                fiscal-year period for which data are 
                available, the total number of aliens who are 
                natives of each foreign state and who (i) were 
                admitted or otherwise provided lawful permanent 
                resident status (other than under this 
                subsection) and (ii) were subject to the 
                numerical limitations of section 201(a) (other 
                than paragraph (3) thereof) or who were 
                admitted or otherwise provided lawful permanent 
                resident status as an immediate relative or 
                other alien described in section 201(b)(2).
                  (B) Identification of high-admission and low-
                admission regions and high-admission and low-
                admission states.--The Attorney General--
                          (i) shall identify--
                                  (I) each region (each in this 
                                paragraph referred to as a 
                                ``high-admission region'') for 
                                which the total of the numbers 
                                determined under subparagraph 
                                (A) for states in the region is 
                                greater than \1/6\ of the total 
                                of all such numbers, and
                                  (II) each other region (each 
                                in this paragraph referred to 
                                as a ``low-admission region''); 
                                and
                          (ii) shall identify--
                                  (I) each foreign state for 
                                which the number determined 
                                under subparagraph (A) is 
                                greater than 50,000 (each such 
                                state in this paragraph 
                                referred to as a ``high-
                                admission state''),
                                  (II) each other foreign state 
                                (each such state in this 
                                paragraph referred to as a 
                                ``low-admission state'')[.], 
                                and
                                  (III) within each region, the 
                                10 foreign states which had the 
                                highest number of registrants 
                                for the diversity immigrant 
                                program under this subsection 
                                for the period beginning 
                                October 1, 1994, and ending 
                                September 30, 1996, and which 
                                are not high-admission states.
                  (C) Determination of percentage of worldwide 
                immigration attributable to high-admission 
                regions.--The Attorney General shall determine 
                the percentage of the total of the numbers 
                determined under subparagraph (A) that are 
                numbers for foreign states in high-admission 
                regions.
                  (D) Determination of regional populations 
                excluding high-admission states and ratios of 
                populations of regions within low-admission 
                regions and high-admission regions.--The 
                Attorney General shall determine--
                          (i) based on available estimates for 
                        each region, the total population of 
                        each region not including the 
                        population of any high-admission state;
                          (ii) for each low-admission region, 
                        the ratio of the population of the 
                        region determined under clause (i) to 
                        the total of the populations determined 
                        under such clause for all the low-
                        admission regions; and
                          (iii) for each high-admission region, 
                        the ratio of the population of the 
                        region determined under clause (i) to 
                        the total of the populations determined 
                        under such clause for all the high-
                        admission regions.
                  (E) Distribution of visas.--
                          (i) No visas for natives of high-
                        admission states.--The percentage of 
                        visas made available under this 
                        paragraph to natives of a high-
                        admission state is 0.
                          (ii) For low-admission states in low-
                        admission regions.--Subject to clauses 
                        (iv) and (v), the percentage of visas 
                        made available under this paragraph to 
                        natives (other than natives of a high-
                        admission state) in a low-admission 
                        region is the product of--
                                  (I) the percentage determined 
                                under subparagraph (C), and
                                  (II) the population ratio for 
                                that region determined under 
                                subparagraph (D)(ii).
                          (iii) For low-admission states in 
                        high-admission regions.--Subject to 
                        clauses (iv) and (v), the percentage of 
                        visas made available under this 
                        paragraph to natives (other than 
                        natives of a high-admission state) in a 
                        high-admission region is the product 
                        of--
                                  (I) 100 percent minus the 
                                percentage determined under 
                                subparagraph (C), and
                                  (II) the population ratio for 
                                that region determined under 
                                subparagraph (D)(iii).
                          (iv) Redistribution of unused visa 
                        numbers.--If the Secretary of State 
                        estimates that the number of immigrant 
                        visas to be issued to natives in any 
                        region for a fiscal year under this 
                        paragraph is less than the number of 
                        immigrant visas made available to such 
                        natives under this paragraph for the 
                        fiscal year, subject to clause (v), the 
                        excess visa numbers shall be made 
                        available to natives (other than 
                        natives of a high-admission state) of 
                        the other regions in proportion to the 
                        percentages otherwise specified in 
                        clauses (ii) and (iii).
                          (v) Limitation on visas for natives 
                        of a single foreign state.--The 
                        percentage of visas made available 
                        under this paragraph to natives of any 
                        single foreign state for any fiscal 
                        year shall not exceed 7 percent.
                          (vi) Ten states eligible in each 
                        region.--Only natives of the 10 states 
                        identified for each region in 
                        subparagraph (B)(ii)(III) are eligible 
                        for diversity visas.
                  (F) Region defined.--Only for purposes of 
                administering the diversity program under this 
                subsection, [Northern Ireland shall be treated 
                as a separate foreign state,] each colony or 
                other component or dependent area of a foreign 
                state overseas from the foreign state shall be 
                treated as part of the foreign state[,] and the 
                areas described in each of the following 
                clauses shall be considered to be a separate 
                region:
                          (i) Africa.
                          (ii) Asia.
                          (iii) Europe.
                          (iv) North America [(other than 
                        Mexico)].
                          (v) Oceania.
                          (vi) South America, [Mexico,] Central 
                        America, and the Caribbean.
          [(2) Requirement of education or work experience.--An 
        alien is not eligible for a visa under this subsection 
        unless the alien--
                  [(A) has at least a high school education or 
                its equivalent, or
                  [(B) has, within 5 years of the date of 
                application for a visa under this subsection, 
                at least 2 years of work experience in an 
                occupation which requires at least 2 years of 
                training or experience.]
          (2) Requirement of job offer and education or skilled 
        worker.--An alien is not eligible for a visa under this 
        subsection unless the alien--
                  (A) has a job offer in the United States 
                which has been verified;
                  (B) has at least a high school education or 
                its equivalent; and
                  (C) has at least 2 years of work experience 
                in an occupation which requires at least 2 
                years of training.
          (3) Maintenance of information.--The Secretary of 
        State shall maintain information on the age, 
        occupation, education level, and other relevant 
        characteristics of immigrants issued visas under this 
        subsection.
          (4) Fees.--Fees for the furnishing and verification 
        of applications for visas under this subsection and for 
        the issuance of visas under this subsection may be 
        prescribed by the Secretary of State in such amounts as 
        are adequate to compensate the Department of State for 
        the costs of administering the diversity immigrant 
        program. Any such fees collected may be deposited as an 
        offsetting collection to the appropriate Department of 
        State appropriation to recover the costs of such 
        program and shall remain available for obligation until 
        expended.
          (5) Ineligibility of aliens unlawfully present in the 
        united states.--An alien who is unlawfully present in 
        the United States at the time of filing of an 
        application, within 5 years prior to the filing of such 
        application, or at any time subsequent to the filing of 
        the application is ineligible for a visa under this 
        subsection.
  (d) Humanitarian Immigrants.--
          (1) In general.--Aliens subject to the worldwide 
        humanitarian level specified in section 201(e) shall be 
        allotted visas only if the aliens have been selected by 
        the Attorney General under paragraph (2) as of special 
        humanitarian concern to the United States.
          (2) Selection of immigrants.--
                  (A) In general.--The Attorney General shall, 
                on a case-by-case basis and based on 
                humanitarian concerns and the public interest, 
                select aliens for purposes of this subsection.
                  (B) Restriction.--The Attorney General may 
                not select an alien under this paragraph if the 
                alien is a refugee (within the meaning of 
                section 101(a)(42)) unless the Attorney General 
                determines that compelling reasons in the 
                public interest with respect to that particular 
                alien require that the alien be admitted into 
                the United States as a humanitarian immigrant 
                under this subsection rather than as a refugee 
                under section 207.
          (3) Annual report.--Not later than 90 days after the 
        end of each fiscal year, the Attorney General shall 
        submit to the Committees on the Judiciary of the House 
        of Representatives and of the Senate a report 
        describing the number of immigrant visas issued under 
        this subsection and the individuals to whom the visas 
        were issued.
  [(d)] (e) Treatment of Family Members.--A spouse or child as 
defined in subparagraph (A), (B), (C), (D), or (E) of section 
101(b)(1) shall, if not otherwise entitled to an immigrant 
status and the immediate issuance of a visa under subsection 
(a)(2), (b), or (c), be entitled to the same status, and the 
same order of consideration provided in the respective 
subsection, if accompanying or following to join, the spouse or 
parent.
  [(e)] (f) Order of Consideration.--(1) Immigrant visas made 
available under subsection (a) or (b) shall be issued to 
eligible immigrants in the order in which a petition in behalf 
of each such immigrant is filed with the Attorney General (or 
in the case of special immigrants under section 101(a)(27)(D), 
with the Secretary of State) as provided in section 204(a).
  (2) Immigrant visa numbers made available under subsection 
(c) (relating to diversity immigrants) shall be issued to 
eligible qualified immigrants strictly in a random order 
established by the Secretary of State for the fiscal year 
involved.
  (3) Immigrant visa numbers made available under subsection 
(d) (relating to humanitarian immigrants) shall be issued to 
eligible immigrants in an order specified by the Attorney 
General.
  [(3)] (4) Waiting lists of applicants for visas under this 
section shall be maintained in accordance with regulations 
prescribed by the Secretary of State.
  [(f)] (g) Authorization for Issuance.-- In the case of any 
alien claiming in his application for an immigrant visa to be 
described in section 201(b)(2) or in subsection (a), (b), or 
(c) of this section, the consular officer shall not grant such 
status until he has been authorized to do so as provided by 
section 204.
  [(g)] (h) Lists.--For purposes of carrying out the 
Secretary's responsibilities in the orderly administration of 
this section, the Secretary of State may make reasonable 
estimates of the anticipated numbers of visas to be issued 
during any quarter of any fiscal year within each of the 
categories under subsections (a), (b), and (c) and to rely upon 
such estimates in authorizing the issuance of visas. The 
Secretary of State shall terminate the registration of any 
alien who fails to apply for an immigrant visa within one year 
following notification to the alien of the availability of such 
visa, but the Secretary shall reinstate the registration of any 
such alien who establishes within 2 years following the date of 
notification of the availability of such visa that such failure 
to apply was due to circumstances beyond the alien's control.

                procedure for granting immigrant status

  Sec. 204. (a)(1)(A)(i) Any citizen of the United States 
claiming that an alien is entitled to classification by reason 
of a relationship described in [paragraph (1), (3), or (4)] 
paragraph (2) or (3) of section 203(a) or [to an immediate 
relative status] to status as the spouse or child of a citizen 
of the United States under section 201(b)(2)(A)(i) may file a 
petition with the Attorney General for such classification.
  (ii) An alien spouse described in the second sentence of 
section 201(b)(2)(A)(i) also may file a petition with the 
Attorney General under this subparagraph for classification of 
the alien (and the alien's children) under such section.
    (iii) An alien who is the spouse of a citizen of the United 
States, who is a person of good moral character, who is 
eligible to be classified [as an immediate relative] as the 
spouse of a citizen of the United States under section 
201(b)(2)(A)(i), and who has resided in the United States with 
the alien's spouse may file a petition with the Attorney 
General under this subparagraph for classification of the alien 
(and any child of the alien if such a child has not been 
classified under clause (iv)) under such section if the alien 
demonstrates to the Attorney General that--
          (I) the alien is residing in the United States, the 
        marriage between the alien and the spouse was entered 
        into in good faith by the alien, and during the 
        marriage the alien or a child of the alien has been 
        battered by or has been the subject of extreme cruelty 
        perpetrated by the alien's spouse; and
          (II) the alien is a person whose [deportation] 
        removal, in the opinion of the Attorney General, would 
        result in extreme hardship to the alien or a child of 
        the alien.
  (iv) An alien who is the child of a citizen of the United 
States, who is a person of good moral character, who is 
eligible to be classified [as an immediate relative] as a child 
of a citizen of the United States under section 
201(b)(2)(A)(i), and who has resided in the United States with 
the citizen parent may file a petition with the Attorney 
General under this subparagraph for classification of the alien 
under such section if the alien demonstrates to the Attorney 
General that--
          (I) the alien is residing in the United States and 
        during the period of residence with the citizen parent 
        the alien has been battered by or has been the subject 
        of extreme cruelty perpetrated by the alien's citizen 
        parent; and
          (II) the alien is a person whose [deportation] 
        removal, in the opinion of the Attorney General, would 
        result in extreme hardship to the alien.
  (B)(i) Any alien lawfully admitted for permanent residence 
claiming that an alien is entitled to a classification by 
reason of the relationship described in [section 203(a)(2)] 
paragraph (1) or (3) of section 203(a)(1) may file a petition 
with the Attorney General for such classification.
  (ii) An alien who is the spouse of an alien lawfully admitted 
for permanent residence, who is a person of good moral 
character, who is eligible for classification under section 
[203(a)(2)(A)] 203(a)(1), and who has resided in the United 
States with the alien's legal permanent resident spouse may 
file a petition with the Attorney General under this 
subparagraph for classification of the alien (and any child of 
the alien if such a child has not been classified under clause 
(iii)) under such section if the alien demonstrates to the 
Attorney General that the conditions described in subclauses 
(I) and (II) of subparagraph (A)(iii) are met with respect to 
the alien.
  (iii) An alien who is the child of an alien lawfully admitted 
for permanent residence, who is a person of good moral 
character, who is eligible for classification under section 
[203(a)(2)(A)] 203(a)(1), and who has resided in the United 
States with the alien's permanent resident alien parent may 
file a petition with the Attorney General under this 
subparagraph for classification of the alien under such section 
if the alien demonstrates to the Attorney General that--
          (I) the alien is residing in the United States and 
        during the period of residence with the permanent 
        resident parent the alien has been battered by or has 
        been the subject of extreme cruelty perpetrated by the 
        alien's permanent resident parent; and
          (II) the alien is a person whose [deportation] 
        removal, in the opinion of the Attorney General, would 
        result in extreme hardship to the alien.
  (C) Any alien desiring to be classified under section 
[203(b)(1)(A)] 203(b)(1), or any person on behalf of such an 
alien, may file a petition with the Attorney General for such 
classification.
  (D) Any employer desiring and intending to employ within the 
United States an alien entitled to classification under 
[section 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 203(b)(3)] 
section 203(b)(2), 203(b)(3), or 203(b)(4) may file a petition 
with the Attorney General for such classification.
  [(F)] (E) Any alien desiring to be classified under section 
[203(b)(5)] 203(b)(4) may file a petition with the Attorney 
General for such classification.
  [(E)] (F)(i) Any alien (other than a special immigrant under 
section 101(a)(27)(D)) desiring to be classified under section 
[203(b)(4)] 203(b)(6), or any person on behalf of such an 
alien, may file a petition with the Attorney General for such 
classification.
  (ii) Aliens claiming status as a special immigrant under 
section 101(a)(27)(D) may file a petition only with the 
Secretary of State and only after notification by the Secretary 
that such status has been recommended and approved pursuant to 
such section.
  (G)(i) Any alien desiring to be provided an immigrant visa 
under section 203(c) may file a petition at the place and time 
determined by the Secretary of State by regulation. Only one 
such petition may be filed by an alien with respect to any 
petitioning period established. If more than one petition is 
submitted all such petitions submitted for such period by the 
alien shall be voided.
  (ii)(I) The Secretary of State shall designate a period for 
the filing of petitions with respect to visas which may be 
issued under section 203(c) for the fiscal year beginning after 
the end of the period.
  (II) Aliens who qualify, through random selection, for a visa 
under section 203(c) shall remain eligible to receive such visa 
only through the end of the specific fiscal year for which they 
were selected.
  (III) The Secretary of State shall prescribe such regulations 
as may be necessary to carry out this clause.
  (iii) A petition under this subparagraph shall be in such 
form as the Secretary of State may by regulation prescribe and 
shall contain such information and be supported by such 
documentary evidence as the Secretary of State may require.
  (H) In acting on petitions filed under clause (iii) or (iv) 
of subparagraph (A) or clause (ii) or (iii) of subparagraph 
(B), the Attorney General shall consider any credible evidence 
relevant to the petition. 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.
  (I) Any alien desiring to be provided an immigrant visa under 
section 203(d) may file a petition with the Attorney General 
for such classification, but only if the Attorney General has 
identified the alien as possibly qualifying for such a visa.
  (2)(A) The Attorney General may not approve a spousal second 
preference petition for the classification of the spouse of an 
alien if the alien, by virtue of a prior marriage, has been 
accorded the status of an alien lawfully admitted for permanent 
residence as the spouse of a citizen of the United States or as 
the spouse of an alien lawfully admitted for permanent 
residence, unless--
          (i) a period of 5 years has elapsed after the date 
        the alien acquired the status of an alien lawfully 
        admitted for permanent residence, or
          (ii) the alien establishes to the satisfaction of the 
        Attorney General by clear and convincing evidence that 
        the prior marriage (on the basis of which the alien 
        obtained the status of an alien lawfully admitted for 
        permanent residence) was not entered into for the 
        purpose of evading any provision of the immigration 
        laws.
In this subparagraph, the term ``spousal second preference 
petition'' refers to a petition, seeking preference status 
under section 203(a)(2), for an alien as a spouse of an alien 
lawfully admitted for permanent residence.
  (B) Subparagraph (A) shall not apply to a petition filed for 
the classification of the spouse of an alien if the prior 
marriage of the alien was terminated by the death of his or her 
spouse.
  (b)(1) After an investigation of the facts in each case, and 
after consultation with the Secretary of Labor with respect to 
petitions to accord a status under section 203(b)(2) or 
203(b)(3), the Attorney General shall, if he determines that 
the facts stated in the petition are true and that the alien in 
behalf of whom the petition is made is [an immediate relative 
specified in section 201(b)] a spouse or child of a citizen of 
the United States under section 201(b) or is eligible for 
preference under subsection (a) or (b) of section 203, approve 
the petition and forward one copy thereof to the Department of 
State. The Secretary of State shall then authorize the consular 
officer concerned to grant the preference status.
  (2)(A) The Attorney General may provide that a petition 
approved with respect to an alien (and the priority date 
established with respect to the petition) shall expire after a 
period (specified by the Attorney General and of not less than 
2 years) following the date of approval of the petition, unless 
the petitioner files with the Attorney General a form described 
in subparagraph (B).
  (B) The Attorney General shall specify the form to be used 
under this paragraph. Such form shall be designed--
          (i) to reconfirm the continued intention of the 
        petitioner to seek admission of the alien based on the 
        classification involved, and
          (ii) as may be provided by the Attorney General, to 
        update the contents of the original classification 
        petition.
  (C) The Attorney General may apply subparagraph (A) to one or 
more classes of classification petitions and for different 
periods of time for different classes of such petitions, as 
specified by the Attorney General.
  (c) Notwithstanding the provisions of subsection (b) no 
petition shall be approved if (1) the alien has previously been 
accorded, or has sought to be accorded, [an immediate relative 
or preference] a preferential status as the spouse of a citizen 
of the United States or the spouse of an alien lawfully 
admitted for permanent residence, by reason of a marriage 
determined by the Attorney General to have been entered into 
for the purpose of evading the immigration laws or (2) the 
Attorney General has determined that the alien has attempted or 
conspired to enter into a marriage for the purpose of evading 
the immigration laws.
  (d) Notwithstanding the provisions of subsections (a) and (b) 
no petition may be approved on behalf of a child defined in 
section 101(b)(1)(F) unless a valid home-study has been 
favorably recommended by an agency of the State of the child's 
proposed residence, or by an agency authorized by that State to 
conduct such a study, or, in the case of a child adopted 
abroad, by an appropriate public or private adoption agency 
which is licensed in the United States.
  (e) Nothing in this section shall be construed to entitle an 
immigrant, in behalf of whom a petition under this section is 
approved, to enter the United States as an immigrant under 
subsection (a), (b), or (c) of section 203 or as [an immediate 
relative] a spouse or child of a citizen of the United States 
under section 201(b) if upon [his] the alien's arrival at a 
port of [entry] admission in the United States [he] the alien 
is found not to be entitled to such classification.
  (f)(1) Any alien claiming to be an alien described in 
paragraph (2)(A) of this subsection (or any person on behalf of 
such an alien) may file a petition with the Attorney General 
for classification under section 201(b)[, 203(a)(1), or 
203(a)(3)] or 203(a)(2), as appropriate. After an investigation 
of the facts of each case the Attorney General shall, if the 
conditions described in paragraph (2) are met, approve the 
petition and forward one copy to the Secretary of State.
          * * * * * * *
  (g) Notwithstanding subsection (a), except as provided in 
section 245(e)(3), a petition may not be approved to grant an 
alien [immediate relative status] status as a spouse or child 
of a citizen of the United States or other or preference status 
by reason of a marriage which was entered into during the 
period described in section 245(e)(2), until the alien has 
resided outside the United States for a 2-year period beginning 
after the date of the marriage.
          * * * * * * *
  (i) For purposes of applying section 101(b)(1) in the case of 
issuance of an immigrant visa to, or admission or adjustment of 
status of, an alien under section 201(b)(2)(A), section 
203(a)(1), or 203(e) as a child of a citizen of the United 
States or a permanent resident alien, the age of the alien 
shall be determined as of the date of the filing of the 
classification petition under section 204(a)(1) as such a child 
of a citizen of the United States or a permanent resident 
alien.

                  revocation of approval of petitions

  Sec. 205. The Attorney General may, at any time, for what he 
deems to be good and sufficient cause, revoke the approval of 
any petition approved by him under section 204. Such revocation 
shall be effective as of the date of approval of any such 
petition. In no case, however, shall such revocation have 
effect unless there is mailed to the petitioner's last known 
address a notice of the revocation and unless notice of the 
revocation is communicated through the Secretary of State to 
the beneficiary of the petition before such beneficiary 
commences his journey to the United States. If notice of 
revocation is not so given, and the beneficiary applies for 
admission to the United States, his admissibility shall be 
determined in the manner provided for by sections 235 and [236] 
240.

                         unused immigrant visas

  Sec. 206. If an immigrant having an immigrant visa is 
[excluded from admission to the United States and deported] 
denied admission to the United States and removed, or does not 
apply for admission before the expiration of the validity of 
his visa, or if an alien having an immigrant visa issued to him 
as a preference immigrant is found not to be a preference 
immigrant, an immigrant visa or a preference immigrant visa, as 
the case may be, may be issued in lieu thereof to another 
qualified alien.

   annual admission of refugees and admission of emergency situation 
                                refugees

  Sec. 207. (a)[(1) Except as provided in subsection (b), the 
number of refugees who may be admitted under this section in 
fiscal year 1980, 1981, or 1982, may not exceed fifty thousand 
unless the President determines, before the beginning of the 
fiscal year and after appropriate consultation (as defined in 
subsection (e)), that admission of a specific number of 
refugees in excess of such number is justified by humanitarian 
concerns or is otherwise in the national interest.]
  (1) Except as provided in paragraph (2) and subsection (b), 
the number of refugees who may be admitted under this section 
in any fiscal year shall be such number as the President 
determines, before the beginning of the fiscal year and after 
appropriate consultation, is justified by humanitarian concerns 
or is otherwise in the national interest.
  [(2) Except as provided in subsection (b), the number of 
refugees who may be admitted under this section in any fiscal 
year after fiscal year 1982 shall be such number as the 
President determines, before the beginning of the fiscal year 
and after appropriate consultation, is justified by 
humanitarian concerns or is otherwise in the national 
interest.]
  (2)(A) Except as provided in subparagraph (B), the number 
determined under paragraph (1) for a fiscal year may not 
exceed--
          (i) 75,000 in the case of fiscal year 1997, or
          (ii) 50,000 in the case of any succeeding fiscal 
        year.
  (B) The number determined under paragraph (1) for a fiscal 
year may exceed the limit specified under subparagraph (A) if 
Congress enacts a law providing for a higher number.
  (3) Admissions under this subsection shall be allocated among 
refugees of special humanitarian concern to the United States 
in accordance with a determination made by the President after 
appropriate consultation.
  [(4) In the determination made under this subsection for each 
fiscal year (beginning with fiscal year 1992), the President 
shall enumerate, with the respective number of refugees so 
determined, the number of aliens who were granted asylum in the 
previous year.]
  (4) For any fiscal year, not more than a total of 1,000 
refugees may be admitted under this subsection or granted 
asylum under section 208 pursuant to a determination under the 
last sentence of section 101(a)(42) (relating to persecution 
for resistance to coercive population control methods).
  (b) If the President determines, after appropriate 
consultation, that (1) an [unforeseen] emergency refugee 
situation exists, (2) the admission of certain refugees in 
response to the emergency refugee situation is justified by 
grave humanitarian concerns or is otherwise in the national 
interest, and (3) the admission to the United States of these 
refugees cannot be accomplished under subsection (a), the 
President may fix a number of refugees to be admitted to the 
United States during the succeeding period (not to exceed 
twelve months) in response to the emergency refugee situation 
and such admissions shall be allocated among refugees of 
special humanitarian concern to the United States in accordance 
with a determination made by the President after the 
appropriate consultation provided under this subsection.
          * * * * * * *
  (d)(1) [Before the start of each fiscal year] Before June 1 
of the preceding fiscal year the President shall report to the 
Committee on the Judiciary of the House of Representatives and 
of the Senate regarding the foreseeable number of refugees who 
will be in need of resettlement during the fiscal year and the 
anticipated allocation of refugee admissions during the fiscal 
year. The President shall provide for periodic discussions 
between designated representatives of the President and members 
of such committees regarding changes in the worldwide refugee 
situation, the progress of refugee admissions, and the possible 
need for adjustments in the allocation of admissions among 
refugees.
  (2) As soon as possible after representatives of the 
President initiate appropriate consultation with respect to the 
number of refugee admissions under subsection (a) or with 
respect to the admission of refugees in response to an 
emergency refugee situation under subsection (b), the 
Committees on the Judiciary of the House of Representatives and 
of the Senate shall cause to have printed in the Congressional 
Record the substance of such consultation.
  (3)(A) After the President initiates appropriate consultation 
prior to making a determination under subsection (a), a hearing 
to review the proposed determination shall be held unless 
public disclosure of the details of the proposal would 
jeopardize the lives or safety of individuals.
  (B) After the President initiates appropriate consultation 
prior to making a determination, under subsection (b), that the 
number of refugee admissions should be increased because of an 
[unforeseen] emergency refugee situation, to the extent that 
time and the nature of the emergency refugee situation permit, 
a hearing to review the proposal to increase refugee admissions 
shall be held unless public disclosure of the details of the 
proposal would jeopardize the lives or safety of individuals.
  (e) For purposes of this section, the term ``appropriate 
consultation'' means, with respect to the admission of refugees 
and allocation of refugee admissions, discussions in person by 
designated Cabinet-level representatives of the President with 
members of the Committees on the Judiciary of the Senate and of 
the House of Representatives to review the refugee situation or 
emergency refugee situation, to project the extent of possible 
participation of the United States therein, to discuss the 
reasons for believing that the proposed admission of refugees 
is justified by humanitarian concerns or grave humanitarian 
concerns or is otherwise in the national interest, and to 
provide such members with the following information:
          (1) A description of the nature of the refugee 
        situation.
          (2) A description of the number and allocation of the 
        refugees to be admitted and an analysis of conditions 
        within the countries from which they came.
          (3) A description of the proposed plans for their 
        movement and resettlement and the estimated cost of 
        their movement and resettlement.
          (4) An analysis of the anticipated social, economic, 
        and demographic impact of their admission to the United 
        States.
          (5) A description of the extent to which other 
        countries will admit and assist in the resettlement of 
        such refugees.
          (6) An analysis of the impact of the participation of 
        the United States in the resettlement of such refugees 
        on the foreign policy interests of the United States.
          (7) Such additional information as may be appropriate 
        or requested by such members.
    To the extent possible, information described in this 
subsection shall be provided at least two weeks in advance of 
discussions in person by designated representatives of the 
President with such members. Such discussions shall occur 
before July 1 of the fiscal year preceding the fiscal year of 
admissions, except that discussions relating to an emergency 
refugee situation shall occur not more than 30 days after the 
President proposes admissions in response to the emergency.

                           [asylum procedure

  [Sec. 208. (a) The Attorney General shall establish a 
procedure for an alien physically present in the United States 
or at a land border or port of entry, irrespective of such 
alien's status, to apply for asylum, and the alien may be 
granted asylum in the discretion of the Attorney General if the 
Attorney General determines that such alien is a refugee within 
the meaning of section 101(a)(42)(A).
  [(b) Asylum granted under subsection (a) may be terminated if 
the Attorney General, pursuant to such regulations as the 
Attorney General may prescribe, determines that the alien is no 
longer a refugee within the meaning of section 101(a)(42)(A) 
owing to a change in circumstances in the alien's country of 
nationality or, in the case of an alien having no nationality, 
in the country in which the alien last habitually resided.
  [(c) 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 
subsection (a) may, if not otherwise eligible for asylum under 
such subsection, be granted the same status as the alien if 
accompanying, or following to join, such alien.
  [(d) An alien who has been convicted of an aggravated felony, 
notwithstanding subsection (a), may not apply for or be granted 
asylum.
    [(e) An applicant for asylum is not entitled to employment 
authorization except as may be provided by regulation in the 
discretion of the Attorney General.]


                                 asylum


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

                    adjustment of status of refugees

  Sec. 209. (a)(1) Any alien who has been admitted to the 
United States under section 207--
          (A) whose admission has not been terminated by the 
        Attorney General pursuant to such regulations as the 
        Attorney General may prescribe,
          (B) who has been physically present in the United 
        States for at least one year, and
          (C) who has not acquired permanent resident status,
shall, at the end of such year period, return or be returned to 
the custody of the Service for inspection and examination for 
admission to the United States as an immigrant in accordance 
with the provisions of sections 235, [236] 240, and [237] 241.
  (2) Any alien who is found upon inspection and examination by 
an immigration officer pursuant to paragraph (1) or after a 
hearing before [a special inquiry officer] an immigration judge 
to be admissible (except as otherwise provided under subsection 
(c)) as an immigrant under this Act at the time of the alien's 
inspection and examination shall, notwithstanding any numerical 
limitation specified in this Act, be regarded as lawfully 
admitted to the United States for permanent residence as of the 
date of such alien's arrival into the United States.
  (b) [Not more than 10,000 of the refugee admissions 
authorized under section 207(a) in any fiscal year may be made 
available by the Attorney General, in the Attorney General's 
discretion and under such regulations as the Attorney General 
may prescribe, to adjust] The Attorney General, in the Attorney 
General's discretion and under such regulations as the Attorney 
General may prescribe, and in a number not to exceed 10,000 
aliens in any fiscal year, may adjust to the status of an alien 
lawfully admitted for permanent residence the status of any 
alien granted asylum who--
          (1) applies for such adjustment,
          (2) has been physically present in the United States 
        for at least one year after being granted asylum,
          (3) continues to be a refugee within the meaning of 
        section 101(a)(42)(A) or a spouse or child of such a 
        refugee,
          (4) is not firmly resettled in any foreign country, 
        and
          (5) is admissible (except as otherwise provided under 
        subsection (c)) as an immigrant under this Act at the 
        time of examination for adjustment of such alien.
Upon approval of an application under this subsection, the 
Attorney General shall establish a record of the alien's 
admission for lawful permanent residence as of the date one 
year before the date of the approval of the application.
  (c) The provisions of paragraphs (4), (5), and (7)(A) of 
section 212(a) shall not be applicable to any alien seeking 
adjustment of status under this section, and the Attorney 
General may waive any other provision of such section (other 
than paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of 
paragraph (3)) with respect to such an alien for humanitarian 
purposes, to assure family unity, or when it is otherwise in 
the public interest.

                      special agricultural workers

  Sec. 210. (a)  * * *
  (b) Applications for Adjustment of Status.--
          (1)  * * *
          * * * * * * *
          (5) Limitation on access to information.--Files and 
        records prepared for purposes of this section by 
        designated entities operating under this section are 
        confidential and the Attorney General and the Service 
        shall not have access to such files or records relating 
        to an alien without the consent of the alien, except as 
        permitted under paragraph (6)(B).
          (6) Confidentiality of information.--[Neither] (A) 
        Except as provided in subparagraph (B), neither the 
        Attorney General, nor any other official or employee of 
        the Department of Justice, or bureau or agency thereof, 
        may--
                  [(A)] (i) use the information furnished 
                pursuant to an application filed under this 
                section for any purpose other than to make a 
                determination on the application including a 
                determination under subparagraph (a)(3)(B), or 
                for enforcement of paragraph (7)[.],
                  [(B)] (ii) make any publication whereby the 
                information furnished by any particular 
                individual can be identified, or
                  [(C)] (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) The Attorney General may authorize an application 
        to a Federal court of competent jurisdiction for, and a 
        judge of such court may grant, an order authorizing 
        disclosure of information contained in the application 
        of the alien to be used--
                  (i) for identification of the alien when 
                there is reason to believe that the alien has 
                been killed or severely incapacitated, or
                  (ii) for criminal law enforcement purposes 
                against the alien whose application is to be 
                disclosed if the alleged criminal activity 
                occurred after the special agricultural worker 
                application was filed and such activity 
                involves terrorist activity or poses either an 
                immediate risk to life or to national security, 
                or would be prosecutable as an aggravated 
                felony, but without regard to the length of 
                sentence that could be imposed on the 
                applicant.
        [Anyone]
          (C) Anyone who uses, publishes, or permits 
        information to be examined in violation of this 
        paragraph shall be fined in accordance with title 18, 
        United States Code, or imprisoned not more than five 
        years, or both.
          (D) Nothing in this paragraph shall preclude the 
        release for immigration enforcement purposes of the 
        following information contained in files or records of 
        the Service pertaining to the application:
                  (i) The immigration status of the applicant 
                on any given date after the date of filing the 
                application (including whether the applicant 
                was authorized to work).
                  (ii) The date of the applicant's adjustment 
                (if any) to the status of an alien lawfully 
                admitted for permanent residence.
                  (iii) Information concerning whether the 
                applicant has been convicted of a crime 
                occurring after the date of filing the 
                application.
                  (iv) The date or disposition of the 
                application.
          * * * * * * *
  (e) Administrative and Judicial Review.--
          (1)  * * *
          * * * * * * *
          (3) Judicial review.--
                  (A) Limitation to review of exclusion or 
                deportation.--There shall be judicial review of 
                such a denial only in the judicial review of an 
                order of exclusion or deportation under section 
                106 (as in effect before October 1, 1996).
          * * * * * * *

  general classes of aliens ineligible to receive visas and [excluded 
       from] ineligible for admission; waivers of inadmissibility

    Sec. 212. (a) [Classes of Excludable Aliens.--Except as 
otherwise provided in this Act, the following describes classes 
of excludable aliens who are ineligible to receive visas and 
who shall be excluded from admission into the United States:] 
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:
          (1) Health-related grounds.--
                  (A) In general.--Any alien--
                          (i) who is determined (in accordance 
                        with regulations prescribed by the 
                        Secretary of Health and Human Services) 
                        to have a communicable disease of 
                        public health significance, which shall 
                        include infection with the etiologic 
                        agent for acquired immune deficiency 
                        syndrome,
                          (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,
                          [(ii)] (iii) who is determined (in 
                        accordance with regulations prescribed 
                        by the Secretary of Health and Human 
                        Services in consultation with the 
                        Attorney General)--
                                  (I) to have a physical or 
                                mental disorder and behavior 
                                associated with the disorder 
                                that may pose, or has posed, a 
                                threat to the property, safety, 
                                or welfare of the alien or 
                                others, or
                                  (II) to have had a physical 
                                or mental disorder and a 
                                history of behavior associated 
                                with the disorder, which 
                                behavior has posed a threat to 
                                the property, safety, or 
                                welfare of the alien or others 
                                and which behavior is likely to 
                                recur or to lead to other 
                                harmful behavior, or
                          [(iii)] (iv) who is determined (in 
                        accordance with regulations prescribed 
                        by the Secretary of Health and Human 
                        Services) to be a drug abuser or 
                        addict,
                [is excludable] is inadmissible.
                  (B) Waiver authorized.--For provision 
                authorizing waiver of certain clauses of 
                subparagraph (A), see subsection (g).
          (2) Criminal and related grounds.--
                  (A) Conviction of certain crimes.--
                          (i) In general.--Except as provided 
                        in clause (ii), any alien convicted of, 
                        or who admits having committed, or who 
                        admits committing acts which constitute 
                        the essential elements of--
                                  (I) a crime involving moral 
                                turpitude (other than a purely 
                                political offense) or an 
                                attempt or conspiracy to commit 
                                such a crime, or
                                  (II) a violation of (or a 
                                conspiracy or attempt to 
                                violate) any law or regulation 
                                of a State, the United States, 
                                or a foreign country relating 
                                to a controlled substance (as 
                                defined in section 102 of the 
                                Controlled Substances Act (21 
                                U.S.C. 802)),
                        [is excludable] is inadmissible.
                          (ii) Exception.--Clause (i)(I) shall 
                        not apply to an alien who committed 
                        only one crime if--
                                  (I) the crime was committed 
                                when the alien was under 18 
                                years of age, and the crime was 
                                committed (and the alien 
                                released from any confinement 
                                to a prison or correctional 
                                institution imposed for the 
                                crime) more than 5 years before 
                                the date of application for a 
                                visa or other documentation and 
                                the date of application for 
                                admission to the United States, 
                                or
                                  (II) the maximum penalty 
                                possible for the crime of which 
                                the alien was convicted (or 
                                which the alien admits having 
                                committed or of which the acts 
                                that the alien admits having 
                                committed constituted the 
                                essential elements) did not 
                                exceed imprisonment for one 
                                year and, if the alien was 
                                convicted of such crime, the 
                                alien was not sentenced to a 
                                term of imprisonment in excess 
                                of 6 months (regardless of the 
                                extent to which the sentence 
                                was ultimately executed).
                  (B) Multiple criminal convictions.--Any alien 
                convicted of 2 or more offenses (other than 
                purely political offenses), regardless of 
                whether the conviction was in a single trial or 
                whether the offenses arose from a single scheme 
                of misconduct and regardless of whether the 
                offenses involved moral turpitude, for which 
                the aggregate sentences to confinement actually 
                imposed were 5 years or more [is excludable] is 
                inadmissible.
                  (C) Controlled substance traffickers.--Any 
                alien who the consular or immigration officer 
                knows or has reason to believe is or has been 
                an illicit trafficker in any such controlled 
                substance or is or has been a knowing assister, 
                abettor, conspirator, or colluder with others 
                in the illicit trafficking in any such 
                controlled substance, [is excludable] is 
                inadmissible.
                  (D) Prostitution and commercialized vice.--
                Any alien who--
                          (i) is coming to the United States 
                        solely, principally, or incidentally to 
                        engage in prostitution, or has engaged 
                        in prostitution within 10 years of the 
                        date of application for a visa, [entry] 
                        admission, or adjustment of status,
                          (ii) directly or indirectly procures 
                        or attempts to procure, or (within 10 
                        years of the date of application for a 
                        visa, [entry] admission, or adjustment 
                        of status) procured or attempted to 
                        procure or to import, prostitutes or 
                        persons for the purpose of 
                        prostitution, or receives or (within 
                        such 10-year period) received, in whole 
                        or in part, the proceeds of 
                        prostitution, or
                          (iii) is coming to the United States 
                        to engage in any other unlawful 
                        commercialized vice, whether or not 
                        related to prostitution,
                [is excludable] is inadmissible.
                  (E) Certain aliens involved in serious 
                criminal activity who have asserted immunity 
                from prosecution.--Any alien--
                          (i) who has committed in the United 
                        States at any time a serious criminal 
                        offense (as defined in section 101(h)),
                          (ii) for whom immunity from criminal 
                        jurisdiction was exercised with respect 
                        to that offense,
                          (iii) who as a consequence of the 
                        offense and exercise of immunity has 
                        departed from the United States, and
                          (iv) who has not subsequently 
                        submitted fully to the jurisdiction of 
                        the court in the United States having 
                        jurisdiction with respect to that 
                        offense,
                [is excludable] is inadmissible.
                  (F) Waiver authorized.--For provision 
                authorizing waiver of certain subparagraphs of 
                this paragraph, see subsection (h).
          (3) Security and related grounds.--
                  (A) In general.--Any alien who a consular 
                officer or the Attorney General knows, or has 
                reasonable ground to believe, seeks to enter 
                the United States to engage solely, 
                principally, or incidentally in--
                          (i) any activity (I) to violate any 
                        law of the United States relating to 
                        espionage or sabotage or (II) to 
                        violate or evade any law prohibiting 
                        the export from the United States of 
                        goods, technology, or sensitive 
                        information,
                          (ii) any other unlawful activity, or
                          (iii) any activity a purpose of which 
                        is the opposition to, or the control or 
                        overthrow of, the Government of the 
                        United States by force, violence, or 
                        other unlawful means,
                [is excludable] is inadmissible.
                  (B) Terrorist activities.--
                          (i) In general.--Any alien who--
                                  (I) has engaged in a 
                                terrorist activity, [or]
                                  (II) a consular officer or 
                                the Attorney General knows, or 
                                has reasonable ground to 
                                believe, engaged in or is 
                                likely to engage after entry in 
                                any terrorist activity (as 
                                defined in clause (iii)),
                                  (III) is a representative of 
                                a terrorist organization, or
                                  (IV) is a member of a 
                                terrorist organization which 
                                the alien knows or should have 
                                known is a terrorist 
                                organization,
                        [is excludable] is inadmissible. An 
                        alien who is an officer, official, 
                        representative, or spokesman of the 
                        Palestine Liberation Organization is 
                        considered, for purposes of this Act, 
                        to be engaged in a terrorist activity.
          * * * * * * *
                          (iv) Terrorist organization 
                        defined.--
                                  (I) Designation.--For 
                                purposes of this Act, the term 
                                ``terrorist organization'' 
                                means a foreign organization 
                                designated in the Federal 
                                Register as a terrorist 
                                organization by the Secretary 
                                of State, in consultation with 
                                the Attorney General, based 
                                upon a finding that the 
                                organization engages in, or has 
                                engaged in, terrorist activity 
                                that threatens the national 
                                security of the United States.
                                  (II) Process.--At least 3 
                                days before designating an 
                                organization as a terrorist 
                                organization through 
                                publication in the Federal 
                                Register, the Secretary of 
                                State, in consultation with the 
                                Attorney General, shall notify 
                                the Committees on the Judiciary 
                                of the House of Representatives 
                                and the Senate of the intent to 
                                make such designation and the 
                                findings and basis for 
                                designation. The Secretary of 
                                State, in consultation with the 
                                Attorney General, shall create 
                                an administrative record and 
                                may use classified information 
                                in making such a designation. 
                                Such information is not subject 
                                to disclosure so long as it 
                                remains classified, except that 
                                it may be disclosed to a court 
                                ex parte and in camera under 
                                subclause (III) for purposes of 
                                judicial review of such a 
                                designation. The Secretary of 
                                State, in consultation with the 
                                Attorney General, shall provide 
                                notice and an opportunity for 
                                public comment prior to the 
                                creation of the administrative 
                                record under this subclause.
                                  (III) Judicial review.--Any 
                                organization designated as a 
                                terrorist organization under 
                                the preceding provisions of 
                                this clause may, not later than 
                                30 days after the date of the 
                                designation, seek judicial 
                                review thereof in the United 
                                States Court of Appeals for the 
                                District of Columbia Circuit. 
                                Such review shall be based 
                                solely upon the administrative 
                                record, except that the 
                                Government may submit, for ex 
                                parte and in camera review, 
                                classified information 
                                considered in making the 
                                designation. The court shall 
                                hold unlawful and set aside the 
                                designation if the court finds 
                                the designation to be 
                                arbitrary, capricious, an abuse 
                                of discretion, or otherwise not 
                                in accordance with law, lacking 
                                substantial support in the 
                                administrative record taken as 
                                a whole or in classified 
                                information submitted to the 
                                court under the previous 
                                sentence, contrary to 
                                constitutional right, power, 
                                privilege, or immunity, or not 
                                in accord with the procedures 
                                required by law.
                                  (IV) Congressional removal 
                                authority.--The Congress 
                                reserves the authority to 
                                remove, by law, the designation 
                                of an organization as a 
                                terrorist organization for 
                                purposes of this Act.
                                  (V) Sunset.--Subject to 
                                subclause (IV), the designation 
                                under this clause of an 
                                organization as a terrorist 
                                organization shall be effective 
                                for a period of 2 years from 
                                the date of the initial 
                                publication of the terrorist 
                                organization designation by the 
                                Secretary of State. At the end 
                                of such period (but no sooner 
                                than 60 days prior to the 
                                termination of the 2-year-
                                designation period), the 
                                Secretary of State, in 
                                consultation with the Attorney 
                                General, may redesignate the 
                                organization in conformity with 
                                the requirements of this clause 
                                for designation of the 
                                organization.
                                  (VI) Removal authority.--The 
                                Secretary of State, in 
                                consultation with the Attorney 
                                General, may remove the 
                                terrorist organization 
                                designation from any 
                                organization previously 
                                designated as such an 
                                organization, at any time, so 
                                long as the Secretary publishes 
                                notice of the removal in the 
                                Federal Register. The Secretary 
                                is not required to report to 
                                Congress prior to so removing 
                                such designation.
                          (v) Representative defined.--
                                  (I) In general.--In this 
                                subparagraph, the term 
                                ``representative'' includes an 
                                officer, official, or spokesman 
                                of the organization and any 
                                person who directs, counsels, 
                                commands or induces the 
                                organization or its members to 
                                engage in terrorist activity.
                                  (II) Judicial review.--The 
                                determination under this 
                                subparagraph that an alien is a 
                                representative of a terrorist 
                                organization shall be subject 
                                to judicial review under 
                                section 706 of title 5, United 
                                States Code.
                  (C) Foreign policy.--
                          (i) In general.--An alien whose entry 
                        or proposed activities in the United 
                        States the Secretary of State has 
                        reasonable ground to believe would have 
                        potentially serious adverse foreign 
                        policy consequences for the United 
                        States [is excludable] is inadmissible.
                          (ii) Exception for officials.--An 
                        alien who is an official of a foreign 
                        government or a purported government, 
                        or who is a candidate for election to a 
                        foreign government office during the 
                        period immediately preceding the 
                        election for that office, shall not be 
                        excludable or subject to restrictions 
                        or conditions on entry into the United 
                        States under clause (i) solely because 
                        of the alien's past, current, or 
                        expected beliefs, statements, or 
                        associations, if such beliefs, 
                        statements, or associations would be 
                        lawful within the United States.
                          (iii) Exception for other aliens.--An 
                        alien, not described in clause (ii), 
                        shall not be excludable or subject to 
                        restrictions or conditions on entry 
                        into the United States under clause (i) 
                        because of the alien's past, current, 
                        or expected beliefs, statements, or 
                        associations, if such beliefs, 
                        statements, or associations would be 
                        lawful within the United States, unless 
                        the Secretary of State personally 
                        determines that the alien's admission 
                        would compromise a compelling United 
                        States foreign policy interest.
                          (iv) Notification of 
                        determinations.--If a determination is 
                        made under clause (iii) with respect to 
                        an alien, the Secretary of State must 
                        notify on a timely basis the chairmen 
                        of the Committees on the Judiciary and 
                        Foreign Affairs of the House of 
                        Representatives and of the Committees 
                        on the Judiciary and Foreign Relations 
                        of the Senate of the identity of the 
                        alien and the reasons for the 
                        determination.
                  (D) Immigrant membership in totalitarian 
                party.--
                          (i) In general.--Any immigrant who is 
                        or has been a member of or affiliated 
                        with the Communist or any other 
                        totalitarian party (or subdivision or 
                        affiliate thereof), domestic or 
                        foreign, [is excludable] is 
                        inadmissible.
                          (ii) Exception for involuntary 
                        membership.--Clause (i) shall not apply 
                        to an alien because of membership or 
                        affiliation if the alien establishes to 
                        the satisfaction of the consular 
                        officer when applying for a visa (or to 
                        the satisfaction of the Attorney 
                        General when applying for admission) 
                        that the membership or affiliation is 
                        or was involuntary, or is or was solely 
                        when under 16 years of age, by 
                        operation of law, or for purposes of 
                        obtaining employment, food rations, or 
                        other essentials of living and whether 
                        necessary for such purposes.
                          (iii) Exception for past 
                        membership.--Clause (i) shall not apply 
                        to an alien because of membership or 
                        affiliation if the alien establishes to 
                        the satisfaction of the consular 
                        officer when applying for a visa (or to 
                        the satisfaction of the Attorney 
                        General when applying for admission) 
                        that--
                                  (I) the membership or 
                                affiliation terminated at 
                                least--
                                          (a) 2 years before 
                                        the date of such 
                                        application, or
                                          (b) 5 years before 
                                        the date of such 
                                        application, in the 
                                        case of an alien whose 
                                        membership or 
                                        affiliation was with 
                                        the party controlling 
                                        the government of a 
                                        foreign state that is a 
                                        totalitarian 
                                        dictatorship as of such 
                                        date, and
                                  (II) the alien is not a 
                                threat to the security of the 
                                United States.
                          (iv) Exception for close family 
                        members.--The Attorney General may, in 
                        the Attorney General's discretion, 
                        waive the application of clause (i) in 
                        the case of an immigrant who is the 
                        parent, spouse, son, daughter, brother, 
                        or sister of a citizen of the United 
                        States or a spouse, son, or daughter of 
                        an alien lawfully admitted for 
                        permanent residence for humanitarian 
                        purposes, to assure family unity, or 
                        when it is otherwise in the public 
                        interest if the immigrant is not a 
                        threat to the security of the United 
                        States.
                  (E) Participants in nazi persecutions or 
                genocide.--
                          (i) Participation in nazi 
                        persecutions.--Any alien who, during 
                        the period beginning on March 23, 1933, 
                        and ending on May 8, 1945, under the 
                        direction of, or in association with--
                                  (I) the Nazi government of 
                                Germany,
                                  (II) any government in any 
                                area occupied by the military 
                                forces of the Nazi government 
                                of Germany,
                                  (III) any government 
                                established with the assistance 
                                or cooperation of the Nazi 
                                government of Germany, or
                                  (IV) any government which was 
                                an ally of the Nazi government 
                                of Germany,

                        ordered, incited, assisted, or 
                        otherwise participated in the 
                        persecution of any person because of 
                        race, religion, national origin, or 
                        political opinion [is excludable] is 
                        inadmissible.
                          (ii) Participation in genocide.--Any 
                        alien who has engaged in conduct that 
                        is defined as genocide for purposes of 
                        the International Convention on the 
                        Prevention and Punishment of Genocide 
                        [is excludable] is inadmissible.
          [(4) Public charge.--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.]
          (4) Public charge.--
                  (A) Family-sponsored immigrants.--Any alien 
                who seeks admission or adjustment of status 
                under a visa number issued under section 
                203(a), who cannot demonstrate to the consular 
                officer at the time of application for a visa, 
                or to the Attorney General at the time of 
                application for admission or adjustment of 
                status, that the alien's age, health, family 
                status, assets, resources, financial status, 
                education, skills, or a combination thereof, or 
                an affidavit of support described in section 
                213A, or both, make it unlikely that the alien 
                will become a public charge (as determined 
                under section 241(a)(5)(B)) is inadmissible.
                  (B) Nonimmigrants.--Any alien who seeks 
                admission under a visa number issued under 
                section 214, who cannot demonstrate to the 
                consular officer at the time of application for 
                the visa that the alien's age, health, family 
                status, assets, resources, financial status, 
                education, skills or a combination thereof, or 
                an affidavit of support described in section 
                213A, or both, make it unlikely that the alien 
                will become a public charge (as determined 
                under section 241(a)(5)(B)) is inadmissible.
                  (C) Employment-based immigrants.--
                          (i) In general.--Any alien who seeks 
                        admission or adjustment of status under 
                        a visa number issued under paragraph 
                        (2) or (3) of section 203(b) who cannot 
                        demonstrate to the consular officer at 
                        the time of application for a visa, or 
                        to the Attorney General at the time of 
                        application for admission or adjustment 
                        of status, that the immigrant has a 
                        valid offer of employment is 
                        inadmissible.
                          (ii) Certain employment-based 
                        immigrants.--Any alien who seeks 
                        admission or adjustment of status under 
                        a visa number issued under section 
                        203(b) by virtue of a classification 
                        petition filed by a relative of the 
                        alien (or by an entity in which such 
                        relative has a significant ownership 
                        interest) is inadmissible unless such 
                        relative has executed an affidavit of 
                        support described in section 213A with 
                        respect to such alien.
                  (D) Insurance requirements for parents.--
                          (i) In general.--Any alien who seeks 
                        admission as a parent under section 
                        203(a)(2) is inadmissible unless the 
                        alien demonstrates at the time of 
                        issuance of the visa (and at the time 
                        of admission) to the satisfaction of 
                        the consular officer and the Attorney 
                        General that the alien--
                                  (I) will have coverage under 
                                an adequate health insurance 
                                policy (at least comparable to 
                                coverage provided under the 
                                medicare program under title 
                                XVIII of the Social Security 
                                Act), and
                                  (II) will have coverage with 
                                respect to long-term health 
                                needs (at least comparable to 
                                such coverage provided under 
                                the medicaid program under 
                                title XIX of such Act for the 
                                State in which either the alien 
                                intends to reside or in which 
                                the petitioner (on behalf of 
                                the alien under section 
                                204(a)(1)) resides,

                        throughout the period the individual is 
                        residing in the United States.
                          (ii) Factors to be taken into 
                        account.--In making a determination 
                        under clause (i), the Attorney General 
                        shall take into account the age of the 
                        parent and the likelihood of the parent 
                        securing health insurance coverage 
                        through employment.
                  (E) Waiver authorized for humanitarian 
                immigrants.--The Attorney General, in the 
                discretion of the Attorney General, may waive 
                the ground of inadmissibility under 
                subparagraph (A) in the case of an alien 
                seeking admission as a humanitarian immigrant 
                under section 203(d).
          (5) Labor certification and qualifications for 
        certain immigrants.--
                  (A) Labor certification.--
                          (i) In general.--Any alien who seeks 
                        to enter the United States for the 
                        purpose of performing skilled or 
                        unskilled labor [is excludable] is 
                        inadmissible, unless the Secretary of 
                        Labor has determined and certified to 
                        the Secretary of State and the Attorney 
                        General that--
                                  (I) there are not sufficient 
                                workers who are able, willing, 
                                qualified (or equally qualified 
                                in the case of an alien 
                                described in clause (ii)) and 
                                available at the time of 
                                application for a visa and 
                                admission to the United States 
                                and at the place where the 
                                alien is to perform such 
                                skilled or unskilled labor, and
                                  (II) the employment of such 
                                alien will not adversely affect 
                                the wages and working 
                                conditions of workers in the 
                                United States similarly 
                                employed.
                          (ii) Certain aliens subject to 
                        special rule.--For purposes of clause 
                        (i)(I), an alien described in this 
                        clause is an alien who--
                                  (I) is a member of the 
                                teaching profession, or
                                  (II) has exceptional ability 
                                in the sciences or the arts.
                  (B) Unqualified physicians.--An alien who is 
                a graduate of a medical school not accredited 
                by a body or bodies approved for the purpose by 
                the Secretary of Education (regardless of 
                whether such school of medicine is in the 
                United States) and who is coming to the United 
                States principally to perform services as a 
                member of the medical profession [is 
                excludable] is inadmissible, unless the alien 
                (i) has passed parts I and II of the National 
                Board of Medical Examiners Examination (or an 
                equivalent examination as determined by the 
                Secretary of Health and Human Services) and 
                (ii) is competent in oral and written English. 
                For purposes of the previous sentence, an alien 
                who is a graduate of a medical school shall be 
                considered to have passed parts I and II of the 
                National Board of Medical Examiners if the 
                alien was fully and permanently licensed to 
                practice medicine in a State on January 9, 
                1978, and was practicing medicine in a State on 
                that date.
                  (C) Application of grounds.--The grounds for 
                [exclusion] inadmissibility of aliens under 
                subparagraphs (A) and (B) shall apply to 
                immigrants seeking admission or adjustment of 
                status under paragraph [(2) or (3)] (3) or (4) 
                of section 203(b), and shall not apply to 
                immigrants seeking admissions as humanitarian 
                immigrants under section 203(d).
          (6) Illegal entrants and immigration violators.--
                  [(A) Aliens previously deported.--Any alien 
                who has been excluded from admission and 
                deported and who again seeks admission within 
                one year of the date of such deportation is 
                excludable, unless prior to the alien's 
                reembarkation at a place outside the United 
                States or attempt to be admitted from foreign 
                contiguous territory the Attorney General has 
                consented to the alien's reapplying for 
                admission.
                  [(B) Certain aliens previously removed.--Any 
                alien who--
                          [(i) has been arrested and deported,
                          [(ii) has fallen into distress and 
                        has been removed pursuant to this or 
                        any prior Act,
                          [(iii) has been removed as an alien 
                        enemy, or
                          [(iv) has been removed at Government 
                        expense in lieu of deportation pursuant 
                        to section 242(b),
                [and (a) who seeks admission within 5 years of 
                the date of such deportation or removal, or (b) 
                who seeks admission within 20 years in the case 
                of an alien convicted of an aggravated felony, 
                is excludable, unless before the date of the 
                alien's embarkation or 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 
                applying or reapplying for admission.]
                  (A) Aliens previously removed.--
                          (i) Arriving aliens.--Any alien who 
                        has been ordered removed under section 
                        235(b)(1) or at the end of proceedings 
                        under section 240 initiated upon the 
                        alien's arrival in the United States 
                        and who again seeks admission within 5 
                        years of the date of such removal is 
                        inadmissible.
                          (ii) Other aliens.--Any alien not 
                        described in clause (i) who has been 
                        ordered removed under section 240 or 
                        any other provision of law and who 
                        again seeks admission within 10 years 
                        of the date of such removal (or at any 
                        time in the case of an alien convicted 
                        of an aggravated felony) is 
                        inadmissible.
                          (iii) Exception.--Clauses (i) and 
                        (ii) shall not apply to an alien 
                        seeking admission within a period if, 
                        prior to the alien's reembarkation at a 
                        place outside the United States or 
                        attempt to be admitted from foreign 
                        contiguous territory, the Attorney 
                        General has consented to the alien's 
                        reapplying for admission.
                  (B) Aliens present unlawfully for more than 1 
                year.--
                          (i) In general.--Any alien who was 
                        unlawfully present in the United States 
                        for an aggregate period totaling 1 year 
                        is inadmissible unless the alien has 
                        remained outside the United States for 
                        a period of 10 years.
                          (ii) Exceptions.--
                                  (I) Minors.--No period of 
                                time in which an alien is under 
                                18 years of age shall be taken 
                                into account in determining the 
                                period of unlawful presence in 
                                the United States under clause 
                                (i).
                                  (II) Asylees.--No period of 
                                time in which an alien has a 
                                bona fide application for 
                                asylum pending under section 
                                208 shall be taken into account 
                                in determining the period of 
                                unlawful presence in the United 
                                States under clause (i).
                                  (III) Aliens with work 
                                authorization.--No period of 
                                time in which an alien is 
                                provided authorization to 
                                engage in employment in the 
                                United States (including such 
                                an authorization under section 
                                244A(a)(1)(B)), or in which the 
                                alien is the spouse of such an 
                                alien, shall be taken into 
                                account in determining the 
                                period of unlawful presence in 
                                the United States under clause 
                                (i).
                                  (IV) Family unity.--No period 
                                of time in which the alien is a 
                                beneficiary of family unity 
                                protection pursuant to section 
                                301 of the Immigration Act of 
                                1990 shall be taken into 
                                account in determining the 
                                period of unlawful presence in 
                                the United States under clause 
                                (i).
                                  (V) Battered women and 
                                children.--Clause (i) shall not 
                                apply to an alien described in 
                                paragraph (9)(B).
                          (iii) Extension.--The Attorney 
                        General may extend the period of 1 year 
                        under clause (i) to a period of 15 
                        months in the case of an alien who 
                        applies to the Attorney General (before 
                        the alien has been present unlawfully 
                        in the United States for a period 
                        totaling 1 year) and establishes to the 
                        satisfaction of the Attorney General 
                        that--
                                  (I) the alien is not 
                                inadmissible under clause (i) 
                                at the time of the application, 
                                and
                                  (II) the failure to extend 
                                such period would constitute an 
                                extreme hardship for the alien.
                          (iv) Waiver.--In the case of an alien 
                        who is the spouse, parent, or child of 
                        a United States citizen or the spouse 
                        or child of a permanent resident alien, 
                        the Attorney General may waive clause 
                        (i) for humanitarian purposes, to 
                        assure family unity, or when it is 
                        otherwise in the public interest.
                          (v) National interest waiver.--The 
                        Attorney General may waive clause (i) 
                        if the Attorney General determines that 
                        such a waiver is necessary to 
                        substantially benefit--
                                  (I) the national security, 
                                national defense, or Federal, 
                                State, or local law 
                                enforcement;
                                  (II) health care, housing, or 
                                educational opportunities for 
                                an indigent or low-income 
                                population or in an underserved 
                                geographical area;
                                  (III) economic or employment 
                                opportunities for a specific 
                                industry or specific 
                                geographical area;
                                  (IV) the development of new 
                                technologies; or
                                  (V) environmental protection 
                                or the productive use of 
                                natural resources; and
                        the alien will engage in a specific 
                        undertaking to advance one or more of 
                        the interests identified in subclauses 
                        (I) through (V).
                  (C) Misrepresentation.--
                          (i) In general.--Any alien who, by 
                        fraud or willfully misrepresenting a 
                        material fact, seeks to procure (or has 
                        sought to procure or has procured) a 
                        visa, other documentation, or [entry] 
                        admission into the United States or 
                        other benefit provided under this Act 
                        [is excludable] is inadmissible.
                          (ii) Waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (i).
                  (D) Stowaways.--Any alien who is a stowaway 
                [is excludable] is inadmissible.
                  (E) Smugglers.--
                          (i) In general.--Any alien who at any 
                        time knowingly has encouraged, induced, 
                        assisted, abetted, or aided any other 
                        alien to enter or to try to enter the 
                        United States in violation of law [is 
                        excludable] is inadmissible.
                          (ii) Special rule in the case of 
                        family reunification.--Clause (i) shall 
                        not apply in the case of alien who is 
                        an eligible immigrant (as defined in 
                        section 301(b)(1) of the Immigration 
                        Act of 1990), was physically present in 
                        the United States on May 5, 1988, and 
                        is seeking admission as [an immediate 
                        relative] a spouse, child, or parent of 
                        a citizen of the United States or under 
                        section [203(a)(2)] 203(a)(1) 
                        (including under section 112 of the 
                        Immigration Act of 1990) or benefits 
                        under section 301(a) of the Immigration 
                        Act of 1990 if the alien, before May 5, 
                        1988, has encouraged, induced, 
                        assisted, abetted, or aided only the 
                        alien's spouse, parent, son, or 
                        daughter (and no other individual) to 
                        enter the United States in violation of 
                        law.
                          (iii) Waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (d)(11).
                  [(F) Subject of civil penalty.--An alien who 
                is the subject of a final order for violation 
                of section 274C is excludable.]
                  (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).
          (7) Documentation requirements.--
                  (A) Immigrants.--
                          (i) In general.--Except as otherwise 
                        specifically provided in this Act, any 
                        immigrant at the time of application 
                        for admission--
                                  (I) who is not in possession 
                                of a valid unexpired immigrant 
                                visa, reentry permit, border 
                                crossing identification card, 
                                or other valid entry document 
                                required by this Act, and a 
                                valid unexpired passport, or 
                                other suitable travel document, 
                                or document of identity and 
                                nationality if such document is 
                                required under the regulations 
                                issued by the Attorney General 
                                under section 211(a), or
                                  (II) whose visa has been 
                                issued without compliance with 
                                the provisions of section 203,
                        [is excludable] is inadmissible.
                          (ii) Waiver authorized for 
                        humanitarian immigrants.--The Attorney 
                        General, in the discretion of the 
                        Attorney General, may waive the ground 
                        of inadmissibility under clause (i) in 
                        the case of an alien seeking admission 
                        as a humanitarian immigrant under 
                        section 203(d).
                          [(ii)] (iii) Waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (k).
                  (B) Nonimmigrants.--
                          (i) In general.--Any nonimmigrant 
                        who--
                                  (I) is not in possession of a 
                                passport valid for a minimum of 
                                six months from the date of the 
                                expiration of the initial 
                                period of the alien's admission 
                                or contemplated initial period 
                                of stay authorizing the alien 
                                to return to the country from 
                                which the alien came or to 
                                proceed to and enter some other 
                                country during such period, or
                                  (II) is not in possession of 
                                a valid nonimmigrant visa or 
                                border crossing identification 
                                card at the time of application 
                                for admission,
                        [is excludable] is inadmissible.
                          (ii) General waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (d)(4).
                          (iii) Guam visa waiver.--For 
                        provision authorizing waiver of clause 
                        (i) in the case of visitors to Guam, 
                        see subsection (l).
                          (iv) Visa waiver pilot program.--For 
                        authority to waive the requirement of 
                        clause (i) under a pilot program, see 
                        section 217.
          (8) Ineligible for citizenship.--
                  (A) In general.--Any immigrant who is 
                permanently ineligible to citizenship [is 
                excludable] is inadmissible.
                  (B) Draft evaders.--Any person who has 
                departed from or who has remained outside the 
                United States to avoid or evade training or 
                service in the armed forces in time of war or a 
                period declared by the President to be a 
                national emergency [is excludable] is 
                inadmissible, except that this subparagraph 
                shall not apply to an alien who at the time of 
                such departure was a nonimmigrant and who is 
                seeking to reenter the United States as a 
                nonimmigrant.
          (9) Present without admission or parole.--
                  (A) In general.--An alien present in the 
                United States without being admitted or 
                paroled, or who arrives in the United States at 
                any time or place other than as designated by 
                the Attorney General, is inadmissible.
                  (B) Exception for certain battered women and 
                children.--Subparagraph (A) shall not apply to 
                an alien who can demonstrate that--
                          (i) the alien qualifies for immigrant 
                        status under subparagraphs (A)(iii), 
                        (A)(iv), (B)(ii), or (B)(iii) of 
                        section 204(a)(1),
                          (ii)(I) the alien has been battered 
                        or subject to extreme cruelty by a 
                        spouse or parent, or by a member of the 
                        spouse's or parent's family residing in 
                        the same household as the alien and the 
                        spouse or parent consented or 
                        acquiesced to such battery or cruelty, 
                        or (II) the alien's child has been 
                        battered or subject to extreme cruelty 
                        by a spouse or parent of the alien 
                        (without the active participation of 
                        the alien in the battery or extreme 
                        cruelty) or by a member of the spouse's 
                        or parent's family residing in the same 
                        household as the alien when the spouse 
                        or parent consented to or acquiesced in 
                        such battery or cruelty and the alien 
                        did not actively participate in such 
                        battery or cruelty, and
                          (iii) there was a substantial 
                        connection between the battery or 
                        cruelty described in subclause (I) or 
                        (II) and the alien's unlawful entry 
                        into the United States.
          [(9)] (10) Miscellaneous.--
                  (A) Practicing polygamists.--Any immigrant 
                who is coming to the United States to practice 
                polygamy [is excludable] is inadmissible.
                  [(B) Guardian required to accompany excluded 
                alien.--Any alien accompanying another alien 
                ordered to be excluded and deported and 
                certified to be helpless from sickness or 
                mental or physical disability or infancy 
                pursuant to section 237(e), whose protection or 
                guardianship is required by the alien ordered 
                excluded and deported, is excludable.]
                  (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.
                  (C) International child abduction.--
                          (i) In general.--Except as provided 
                        in clause (ii), any alien who, after 
                        entry of an order by a court in the 
                        United States granting custody to a 
                        person of a United States citizen child 
                        who detains or retains the child, or 
                        withholds custody of the child, outside 
                        the United States from the person 
                        granted custody by that order, [is 
                        excludable] is inadmissible until the 
                        child is surrendered to the person 
                        granted custody by that order.
                          (ii) Exception.--Clause (i) shall not 
                        apply so long as the child is located 
                        in a foreign state that is a party to 
                        the Hague Convention on the Civil 
                        Aspects of International Child 
                        Abduction.
                  (D) Former citizens who renounced citizenship 
                to avoid taxation.--Any alien who is a former 
                citizen of the United States who officially 
                renounced United States citizenship and who is 
                determined by the Attorney General to have 
                renounced United States citizenship for the 
                purpose of avoiding taxation by the United 
                States is excludable.
    (b) Notices of Denials.--[If] (1) Subject to paragraph (2), 
if an alien's application for a visa, for admission to the 
United States, or for adjustment of status is denied by an 
immigration or consular officer because the officer determines 
the alien to be [excludable] inadmissible under subsection (a), 
the officer shall provide the alien with a timely written 
notice that--
          [(1)] (A) states the determination, and
          [(2)] (B) lists the specific provision or provisions 
        of law under which the alien is [excludable or 
        ineligible for entry] inadmissible or adjustment of 
        status.
  (2) With respect to applications for visas, the Secretary of 
State may waive the application of paragraph (1) in the case of 
a particular alien or any class or classes of aliens 
inadmissible under subsection (a)(2) or (a)(3).
    [(c) Aliens lawfully admitted for permanent residence who 
temporarily proceeded abroad voluntarily and not under an order 
of deportation, and who are returning to a lawful 
unrelinquished domicile of seven consecutive years, may be 
admitted in the discretion of the Attorney General without 
regard to the provisions of subsection (a) (other than 
paragraphs (3) and (9)(C)). Nothing contained in this 
subsection shall limit the authority of the Attorney General to 
exercise the discretion vested in him under section 211(b). The 
first sentence of this subsection shall not apply to an alien 
who has been convicted of one or more aggravated felonies and 
has served for such felony or felonies a term of imprisonment 
of at least 5 years.]
    (d)(1) The Attorney General shall determine whether a 
ground for [exclusion] inadmissibility exists with respect to a 
nonimmigrant described in section 101(a)(15)(S). The Attorney 
General, in the Attorney General's discretion, may waive the 
application of subsection (a)(2) (other than paragraph (3)(E)) 
in the case of a nonimmigrant described in section 
101(a)(15)(S), if the Attorney General considers it to be in 
the national interest to do so. Nothing in this section shall 
be regarded as prohibiting the Immigration and Naturalization 
Service from instituting [deportation] removal proceedings 
against an alien admitted as a nonimmigrant under section 
101(a)(15)(S) for conduct committed after the alien's admission 
into the United States, or for conduct or a condition that was 
not disclosed to the Attorney General prior to the alien's 
admission as a nonimmigrant under section 101(a)(15)(S).
    (3) Except as provided in this subsection, an alien (A) who 
is applying for a nonimmigrant visa and is known or believed by 
the consular officer to be ineligible for such visa under 
subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), 
(3)(A)(iii), (3)(C), and (3)(E) of such subsection), may, after 
approval by the Attorney General of a recommendation by the 
Secretary of State or by the consular officer that the alien be 
admitted temporarily despite his inadmissibility, be granted 
such a visa and may be admitted into the United States 
temporarily as a nonimmigrant in the discretion of the Attorney 
General, or (B) who is inadmissible under subsection (a) (other 
than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 
and (3)(E) of such subsection), but who is in possession of 
appropriate documents or is granted a waiver thereof and is 
seeking admission, may be admitted into the United States 
temporarily as a nonimmigrant in the discretion of the Attorney 
General. The Attorney General shall prescribe conditions, 
including exaction of such bonds as may be necessary, to 
control and regulate the admission and return of [excludable] 
inadmissible aliens applying for temporary admission under this 
paragraph.
    (4) Either or both of the requirements of paragraph 
(7)(B)(i) of subsection (a) may be waived by the Attorney 
General and the Secretary of State acting jointly (A) on the 
basis of unforeseen emergency in individual cases, or (B) on 
the basis of reciprocity with respect to nationals of foreign 
contiguous territory or of adjacent islands [and residents], 
residents thereof having a common nationality with such 
[nationals,] nationals, and aliens who are granted permanent 
residence by the government of the foreign contiguous territory 
and who are residing in that territory or (C) in the case of 
aliens proceeding in immediate and continuous transit through 
the United States under contracts authorized in section 238(c).
    [(5)(A) The Attorney General may, except as provided in 
subparagraph (B) or in section 214(f), in his discretion parole 
into the United States temporarily under such conditions as he 
may prescribe for emergent reasons or for reasons deemed 
strictly in the public interest any alien applying for 
admission to the United States, but such parole of such alien 
shall not be regarded as an admission of the alien and when the 
purposes of such parole shall, in the opinion of the Attorney 
General, have been served the alien shall forthwith return or 
be returned to the custody from which he was paroled and 
thereafter his case shall continue to be dealt with in the same 
manner as that of any other applicant for admission to the 
United States.
    [(B) The Attorney General may not parole into the United 
States an alien who is a refugee unless the Attorney General 
determines that compelling reasons in the public interest with 
respect to that particular alien require that the alien be 
paroled into the United States rather than be admitted as a 
refugee under section 207.]
  (5)(A) Subject to the provisions of this paragraph and 
section 214(f)(2), the Attorney General, in the sole discretion 
of the Attorney General, may on a case-by-case basis parole an 
alien into the United States temporarily, under such conditions 
as the Attorney General may prescribe, only--
          (i) for an urgent humanitarian reason (as described 
        under subparagraph (B)); or
          (ii) for a reason deemed strictly in the public 
        interest (as described under subparagraph (C)).
  (B) The Attorney General may parole an alien based on an 
urgent humanitarian reason described in this subparagraph only 
if--
          (i) the alien has a medical emergency and the alien 
        cannot obtain necessary treatment in the foreign state 
        in which the alien is residing or the medical emergency 
        is life-threatening and there is insufficient time for 
        the alien to be admitted through the normal visa 
        process;
          (ii) the alien is needed in the United States in 
        order to donate an organ or other tissue for transplant 
        into a close family member; or
          (iii) the alien has a close family member in the 
        United States whose death is imminent and the alien 
        could not arrive in the United States in time to see 
        such family member alive if the alien were to be 
        admitted through the normal visa process.
  (C) The Attorney General may parole an alien based on a 
reason deemed strictly in the public interest described in this 
subparagraph only if--
          (i) the alien has assisted the United States 
        Government in a matter, such as a criminal 
        investigation, espionage, or other similar law 
        enforcement activity, and either the alien's presence 
        in the United States is required by the Government or 
        the alien's life would be threatened if the alien were 
        not permitted to come to the United States; or
          (ii) the alien is to be prosecuted in the United 
        States for a crime.
  (D) The Attorney General may not use the parole authority 
under this paragraph to permit to come to the United States 
aliens who have applied for and have been found to be 
ineligible for refugee status or any alien to whom the 
provisions of this paragraph do not apply.
  (E) Parole of an alien under this paragraph shall not be 
considered an admission of the alien into the United States. 
When the purposes of the parole of an alien have been served, 
as determined by the Attorney General, the alien shall 
immediately return or be returned to the custody from which the 
alien was paroled and the alien shall be considered for 
admission to the United States on the same basis as other 
similarly situated applicants for admission.
  (F) Not later than 90 days after the end of each fiscal year, 
the Attorney General shall submit a report to the Committees on 
the Judiciary of the House of Representatives and the Senate 
describing the number and categories of aliens paroled into the 
United States under this paragraph. Each such report shall 
contain information and data concerning the number and 
categories of aliens paroled, the duration of parole, and the 
current status of aliens paroled during the preceding fiscal 
year.
    (7) The provisions of subsection (a) (other than paragraph 
(7)) shall be applicable to any alien who shall leave Guam, 
Puerto Rico, or the Virgin Islands of the United States, and 
who seeks to enter the continental United States or any other 
place under the jurisdiction of the United States. Any alien 
described in this paragraph, who is [excluded from] denied 
admission to the United States, shall be immediately [deported] 
removed in the manner provided by section [237(a)] 241(c) of 
this Act.
          * * * * * * *
    (11) The Attorney General may, in his discretion for 
humanitarian purposes, to assure family unity, or when it is 
otherwise in the public interest, waive application of clause 
(i) of subsection (a)(6)(E) in the case of any alien lawfully 
admitted for permanent residence who temporarily proceeded 
abroad voluntarily and not under an order of [deportation] 
removal, and who is otherwise admissible to the United States 
as a returning resident under section 211(b) and in the case of 
an alien seeking admission or adjustment of status as [an 
immediate relative] a spouse or child of a citizen of the 
United States or [immigrant under section 203(a) (other than 
paragraph (4) thereof)] an immigrant under section 203(a) if 
the alien has encouraged, induced, assisted, abetted, or aided 
only the alien's spouse, parent, son, or daughter (and no other 
individual) to enter the United States in violation of law.
  (12) The Attorney General may, in the discretion of the 
Attorney General for humanitarian purposes, to assure family 
unity, or when it is otherwise in the public interest, waive 
application of clause (i) of subsection (a)(6)(F)--
          (A) in the case of an alien lawfully admitted for 
        permanent residence who temporarily proceeded abroad 
        voluntarily and not under an order of deportation and 
        who is otherwise admissible to the United States as a 
        returning resident under section 211(b), and
          (B) in the case of an alien seeking admission or 
        adjustment of status under section 201(b)(2)(A) or 
        under section 203(a),
if the violation under section 274C was committed solely to 
assist, aid, or support the alien's spouse, parent, son, or 
daughter (and not another individual).
          * * * * * * *
    (f) Whenever the President finds that the entry of any 
aliens or of any class of aliens into the United States would 
be detrimental to the interests of the United States, he may by 
proclamation, and for such period as he shall deem necessary, 
suspend the entry of all aliens or any class of aliens as 
immigrants or nonimmigrants, or impose on the entry of aliens 
any restrictions he may deem to be appropriate. 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.
    (g) The Attorney General may waive the application of--
          (1) subsection (a)(1)(A)(i) in the case of any alien 
        who--
                  (A) is the spouse or the unmarried son or 
                daughter, or the minor unmarried lawfully 
                adopted child, of a United States citizen, or 
                of an alien lawfully admitted for permanent 
                residence, or of an alien who has been issued 
                an immigrant visa, or
                  (B) has a son or daughter who is a United 
                States citizen, or an alien lawfully admitted 
                for permanent residence, or an alien who has 
                been issued an immigrant visa[, or
          [(2) subsection (a)(1)(A)(ii) 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 
his discretion after consultation with the Secretary of Health 
and Human Services, may by regulation prescribe.];
        in accordance with such terms, conditions, and 
        controls, if any, including the giving of bond, as the 
        Attorney General, in the discretion of the Attorney 
        General after consultation with the Secretary of Health 
        and Human Services, may by regulation prescribe;
          (2) subsection (a)(1)(A)(ii) in the case of any 
        alien--
                  (A) who receives vaccination against the 
                vaccine-preventable disease or diseases for 
                which the alien has failed to present 
                documentation of previous vaccination, or
                  (B) for whom a civil surgeon, medical 
                officer, or panel physician (as those terms are 
                defined by 42 C.F.R. 34.2) certifies, according 
                to such regulations as the Secretary of Health 
                and Human Services may prescribe, that such 
                vaccination would not be medically appropriate; 
                or
          (3) subsection (a)(1)(A)(iii) in the case of any 
        alien, in accordance with such terms, conditions, and 
        controls, if any, including the giving of bond, as the 
        Attorney General, in the discretion of the Attorney 
        General after consultation with the Secretary of Health 
        and Human Services, may by regulation prescribe.
    (h) The Attorney General may, in his discretion, waive the 
application of subparagraphs (A)(i)(I), (B), (D), and (E) of 
subsection (a)(2) and subparagraph (A)(i)(II) of such 
subsection insofar as it relates to a single offense of simple 
possession of 30 grams or less of marijuana if--
          (1)(A) in the case of any immigrant it is established 
        to the satisfaction of the Attorney General that--
                  (i) the alien is [excludable] inadmissible 
                only under subparagraph (D)(i) or (D)(ii) of 
                such subsection or the activities for which the 
                alien is [excludable] inadmissible occurred 
                more than 15 years before the date of the 
                alien's application for a visa, [entry] 
                admission, or adjustment of status,
                  (ii) the admission to the United States of 
                such alien would not be contrary to the 
                national welfare, safety, or security of the 
                United States, and
                  (iii) the alien has been rehabilitated; or
          (B) in the case of an immigrant who is the spouse, 
        parent, son, or daughter of a citizen of the United 
        States or an alien lawfully admitted for permanent 
        residence if it is established to the satisfaction of 
        the Attorney General that the alien's [exclusion] 
        denial of admission would result in extreme hardship to 
        the United States citizen or lawfully resident spouse, 
        parent, son, or daughter of such alien; and
          * * * * * * *
    [(i) The Attorney General may, in his discretion, waive 
application of clause (i) of subsection (a)(6)(C)--
          [(1) in the case of an immigrant who is the spouse, 
        parent, or son or daughter of a United States citizen 
        or of an immigrant lawfully admitted for permanent 
        residence, or
          [(2) if the fraud or misrepresentation occurred at 
        least 10 years before the date of the immigrant's 
        application for a visa, entry, or adjustment of status 
        and it is established to the satisfaction of the 
        Attorney General that the admission to the United 
        States of such immigrant would not be contrary to the 
        national welfare, safety, or security of the United 
        States.]
  (i) The Attorney General may, in the discretion of the 
Attorney General, waive the application of clause (i) of 
subsection (a)(6)(C)--
          (1) in the case of an immigrant who is the spouse, 
        son, or daughter of a United States citizen; or
          (2) in the case of an immigrant who is the spouse or 
        son or daughter of an alien lawfully admitted for 
        permanent residence, if it is established to the 
        satisfaction of the Attorney General that the refusal 
        of admission to the United States of such immigrant 
        alien would result in extreme hardship to the lawfully 
        resident spouse or parent of such an alien.
    (j)(1) The additional requirements referred to in section 
101(a)(15)(J) for an alien who is coming to the United States 
under a program under which he will receive graduate medical 
education or training are as follows:
          (A)  * * *
          * * * * * * *
          (D) The duration of the alien's participation in the 
        program of graduate medical education or training for 
        which the alien is coming to the United States is 
        limited to the time typically required to complete such 
        program, as determined by the Director of the United 
        States Information Agency at the time of the alien's 
        [entry] admission into the United States, based on 
        criteria which are established in coordination with the 
        Secretary of Health and Human Services and which take 
        into consideration the published requirements of the 
        medical specialty board which administers such 
        education or training program; except that--
                  (i) such duration is further limited to seven 
                years unless the alien has demonstrated to the 
                satisfaction of the Director that the country 
                to which the alien will return at the end of 
                such specialty education or training has an 
                exceptional need for an individual trained in 
                such specialty, and
                  (ii) the alien may, once and not later than 
                two years after the date the alien [enters] is 
                admitted to the United States as an exchange 
                visitor or acquires exchange visitor status, 
                change the alien's designated program of 
                graduate medical education or training if the 
                Director approves the change and if a 
                commitment and written assurance with respect 
                to the alien's new program have been provided 
                in accordance with subparagraph (C).
          * * * * * * *
    (k) Any alien, [excludable] inadmissible from the United 
States under paragraph (5)(A) or (7)(A)(i) of subsection (a), 
who is in possession of an immigrant visa may, if otherwise 
admissible, be admitted in the discretion of the Attorney 
General if the Attorney General is satisfied that [exclusion] 
inadmissibility was not known to, and could not have been 
ascertained by the exercise of reasonable diligence by, the 
immigrant before the time of departure of the vessel or 
aircraft from the last port outside the United States and 
outside foreign contiguous territory or, in the case of an 
immigrant coming from foreign contiguous territory, before the 
time of the immigrant's application for admission.
    (l)(1)  * * *
    (2) An alien may not be provided a waiver under this 
subsection unless the alien has waived any right--
          (A) to review or appeal under this Act of an 
        immigration officer's determination as to the 
        admissibility of the alien at the port of entry into 
        Guam, or
          (B) to contest, other than on the basis of an 
        application for asylum, any action for [deportation 
        against] removal of the alien.
          * * * * * * *
    (n)(1) No alien may be admitted or provided status as a 
nonimmigrant described in section 101(a)(15)(H)(i)(b) (in this 
subsection referred to as an ``H-1B nonimmigrant'') in an 
occupational classification unless the employer has filed with 
the Secretary of Labor an application stating the following:
          (A) The employer--
                  (i) is offering and will offer during the 
                period of authorized employment to aliens 
                admitted or provided status as a [nonimmigrant 
                described in section 101(a)(15)(H)(i)(b)] H-1B 
                nonimmigrant wages that are at least--
                          (I)  * * *
          * * * * * * *
          (E)(i) If the employer, within the period beginning 6 
        months before and ending 90 days following the date of 
        filing of the application or during the 90 days 
        immediately preceding and following the date of filing 
        of any visa petition supported by the application, has 
        laid off or lays off any protected individual with 
        substantially equivalent qualifications and experience 
        in the specific employment as to which the nonimmigrant 
        is sought or is employed, the employer will pay a wage 
        to the nonimmigrant that is at least 110 percent of the 
        arithmetic mean of the last wage earned by all such 
        laid off individuals (or, if greater, at least 110 
        percent of the arithmetic mean of the highest wage 
        earned by all such laid off individuals within the most 
        recent year if the employer reduced the wage of any 
        such laid off individual during such year other than in 
        accordance with a general company-wide reduction of 
        wages for substantially all employees).
          (ii) Except as provided in clause (iii), in the case 
        of an H-1B-dependent employer which employs an H-1B 
        nonimmigrant, the employer shall not place the 
        nonimmigrant with another employer where--
                  (I) the nonimmigrant performs his or her 
                duties in whole or in part at one or more 
                worksites owned, operated, or controlled by 
                such other employer, and
                  (II) there are indicia of an employment 
                relationship between the nonimmigrant and such 
                other employer.
          (iii) Clause (ii) shall not apply to an employer's 
        placement of an H-1B nonimmigrant with another employer 
        if--
                  (I) the other employer has executed an 
                attestation that it, within the period 
                beginning 6 months before and ending 90 days 
                following the date of filing of the application 
                or during the 90 days immediately preceding and 
                following the date of filing of any visa 
                petition supported by the application, has not 
                laid off and will not lay off any protected 
                individual with substantially equivalent 
                qualifications and experience in the specific 
                employment as to which the H-1B nonimmigrant is 
                being sought or is employed, or
                  (II) the employer pays a wage to the 
                nonimmigrant that is at least 110 percent of 
                the arithmetic mean of the last wage earned by 
                all such laid off individuals (or, if greater, 
                at least 110 percent of the arithmetic mean of 
                the highest wage earned by all such laid off 
                individuals within the most recent year if the 
                other employer reduced the wage of any such 
                laid off individual during such year other than 
                in accordance with a general company-wide 
                reduction of wages for substantially all 
                employees).
          (iv) For purposes of this subparagraph, the term 
        ``laid off'', with respect to an individual--
                  (I) refers to the individual's loss of 
                employment, other than a discharge for 
                inadequate performance, cause, voluntary 
                departure, or retirement, and
                  (II) does not include any situation in which 
                the individual involved is offered, as an 
                alternative to such loss of employment, a 
                similar job opportunity with the same employer 
                (or with the H-1B-dependent employer described 
                in clause (ii)) carrying equivalent or higher 
                compensation and benefits as the position from 
                which the employee was laid off, regardless of 
                whether or not the employee accepts the offer.
          (v) For purposes of this subparagraph, the term 
        ``protected individual'' means an individual who--
                  (I) is a citizen or national of the United 
                States, or
                  (II) is an alien who is lawfully admitted for 
                permanent residence, is granted the status of 
                an alien lawfully admitted for temporary 
                residence under section 210(a), 210A(a), or 
                245(a)(1), is admitted as a refugee under 
                section 207, or is granted asylum under section 
                208.
          * * * * * * *
    (2)(A) The Secretary shall establish a process for the 
receipt, investigation, and disposition of complaints 
respecting a petitioner's failure to meet a condition specified 
in an application submitted under paragraph (1) or a 
petitioner's misrepresentation of material facts in such an 
application. Complaints may be filed by any aggrieved person or 
organization (including bargaining representatives), except 
that the Secretary may only file such a complaint in the case 
of an H-1B-dependent employer (as defined in subparagraph (E)) 
or when conducting an annual review of a plan pursuant to 
subparagraph (F)(i) if there appears to be a violation of an 
attestation or a misrepresentation of a material fact in an 
application. No investigation or hearing shall be conducted 
with respect to a non-H-1B-dependent employer except in 
response to a complaint filed under the previous sentence. No 
investigation or hearing shall be conducted on a complaint 
concerning such a failure or misrepresentation unless the 
complaint was filed not later than 12 months after the date of 
the failure or misrepresentation, respectively. The Secretary 
shall conduct an investigation under this paragraph if there is 
reasonable cause to believe that such a failure or 
misrepresentation has occurred.
          * * * * * * *
    (C) If the Secretary finds, after notice and opportunity 
for a hearing, a failure to meet a condition of paragraph 
(1)(B) or (1)(E), a substantial failure to meet a condition of 
paragraphs (1)(C) or (1)(D), a willful failure to meet a 
condition of paragraph (1)(A), or a misrepresentation of 
material fact in an application--
          (i) the Secretary shall notify the Attorney General 
        of such finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed [$1,000] $5,000 
        per violation) as the Secretary determines to be 
        appropriate, and
          [(ii) the Attorney General shall not approve 
        petitions filed with respect to that employer under 
        section 204 or 214(c) during a period of at least 1 
        year for aliens to be employed by the employer.]
          (ii) the Attorney General shall not approve petitions 
        filed with respect to that employer (or any employer 
        who is a successor in interest) under section 204 or 
        214(c) for aliens to be employed by the employer--
                  (I) during a period of at least 1 year in the 
                case of the first determination of a violation 
                or any subsequent determination of a violation 
                occurring within 1 year of that first violation 
                or any subsequent determination of a nonwillful 
                violation occurring more than 1 year after the 
                first violation;
                  (II) during a period of at least 5 years in 
                the case of a determination of a willful 
                violation occurring more than 1 year after the 
                first violation; and
                  (III) at any time in the case of a 
                determination of a willful violation occurring 
                more than 5 years after a violation described 
                in subclause (II).
    (D) If the Secretary finds, after notice and opportunity 
for a hearing, that an employer has not paid wages at the wage 
level specified under the application and required under 
paragraph (1), the Secretary shall order the employer to 
provide for payment of such amounts of back pay as may be 
required to comply with the requirements of paragraph (1), 
whether or not a penalty under subparagraph (C) has been 
imposed. If a penalty under subparagraph (C) has been imposed 
in the case of a willful violation, the Secretary shall impose 
on the employer a civil monetary penalty in an amount equalling 
twice the amount of backpay.
  (E) In this subsection, the term ``H-1B-dependent employer'' 
means an employer that--
          (i)(I) has fewer than 21 full-time equivalent 
        employees who are employed in the United States, and 
        (II) employs 4 or more H-1B nonimmigrants; or
          (ii)(I) has at least 21 but not more than 150 full-
        time equivalent employees who are employed in the 
        United States, and (II) employs H-1B nonimmigrants in a 
        number that is equal to at least 20 percent of the 
        number of such full-time equivalent employees; or
          (iii)(I) has at least 151 full-time equivalent 
        employees who are employed in the United States, and 
        (II) employs H-1B nonimmigrants in a number that is 
        equal to at least 15 percent of the number of such 
        full-time equivalent employees.
In applying this subparagraph, any group treated as a single 
employer under subsection (b), (c), (m), or (o) of section 414 
of the Internal Revenue Code of 1986 shall be treated as a 
single employer. Aliens employed under a petition for H-1B 
nonimmigrants shall be treated as employees, and counted as 
nonimmigrants under section 101(a)(15)(H)(i)(b) under this 
subparagraph. In this subsection, the term ``non-H-1B-dependent 
employer'' means an employer that is not an H-1B-dependent 
employer.
  (F)(i) An employer who is an H-1B-dependent employer as 
defined in subparagraph (E) can nevertheless be treated as a 
non-H-1B-dependent employer for five years on a probationary 
status if--
          (I) the employer has demonstrated to the satisfaction 
        of the Secretary of Labor that it has developed a 
        reasonable plan for reducing its use of H-1B 
        nonimmigrants over a five-year period to the level of a 
        non-H-1B-dependent employer, and
          (II) annual reviews of that plan by the Secretary of 
        Labor indicate successful implementation of that plan.
If the employer has not met the requirements established in 
this clause, the probationary status ends and the employer 
shall be treated as an H-1B-dependent employer until such time 
as the employer can prove to the Secretary of Labor that it no 
longer is an H-1B-dependent employer as defined in subparagraph 
(E).
  (ii) The probationary program set out in clause (i) shall be 
effective for no longer than five years after the date of the 
enactment of this subparagraph.
  (G) Under regulations of the Secretary, the previous 
provisions of this paragraph shall apply to complaints 
respecting a failure of an other employer to comply with an 
attestation described in paragraph (1)(E)(iii)(I) in the same 
manner that they apply to complaints with respect to a failure 
to comply with a condition described in paragraph (1)(E)(i).
  (3) For purposes of determining the actual wage level paid 
under paragraph (1)(A)(i)(I), an employer shall not be required 
to have and document an objective system to determine the wages 
of workers.
  (4) For purposes of determining the actual wage level paid 
under paragraph (1)(A)(i)(I), a non-H-1B-dependent employer of 
more than 1,000 full-time equivalent employees in the United 
States may demonstrate that in determining the wages of H-1B 
nonimmigrants, it utilizes a compensation and benefits system 
that has been previously certified by the Secretary of Labor 
(and recertified at such intervals the Secretary of Labor may 
designate) to satisfy all of the following conditions:
          (A) The employer has a company-wide compensation 
        policy for its full-time equivalent employees which 
        ensures salary equity among employees similarly 
        employed.
          (B) The employer has a company-wide benefits policy 
        under which all full-time equivalent employees 
        similarly employed are eligible for substantially the 
        same benefits or under which some employees may accept 
        higher pay, at least equal in value to the benefits, in 
        lieu of benefits.
          (C) The compensation and benefits policy is 
        communicated to all employees.
          (D) The employer has a human resources or 
        compensation function that administers its compensation 
        system.
          (E) The employer has established documentation for 
        the job categories in question.
An employer's payment of wages consistent with a system which 
meets the conditions of subparagraphs (A) through (E) of this 
paragraph which has been certified by the Secretary of Labor 
pursuant to this paragraph shall be deemed to satisfy the 
requirements of paragraph (1)(A)(i)(I).
  (5) For purposes of determining the prevailing wage level 
paid under paragraph (1)(A)(i)(II), employers may provide a 
published survey, a State Employment Security Agency 
determination, a determination by an accepted private source, 
or any other legitimate source. The Secretary of Labor shall, 
not later than 180 days from the date of enactment of this 
paragraph, provide for acceptance of prevailing wage 
determinations not made by a State Employment Security Agency. 
The Secretary of Labor or the Secretary's designate must either 
accept such a non-State Employment Security Agency wage 
determination or issue a written decision rejecting the 
determination and detailing the legitimate reasons that the 
determination is not acceptable. If a detailed rejection is not 
issued within 45 days of the date of the Secretary's receipt of 
such determination, the determination will be deemed accepted. 
An employer's payment of wages consistent with a prevailing 
wage determination not rejected by the Secretary of Labor under 
this paragraph shall be deemed to satisfy the requirements of 
paragraph (1)(A)(i)(II).
  (6) In carrying out this subsection in the case of an 
employer that is a non-H-1B-dependent employer--
          (A) the employer is not required to post a notice at 
        a worksite that was not listed on the application under 
        paragraph (1) if the worksite is within the area of 
        intended employment listed on such application for such 
        nonimmigrant; and
          (B) if the employer has filed and had certified an 
        application under paragraph (1) with respect to one or 
        more H-1B nonimmigrants for one or more areas of 
        employment--
                  (i) the employer is not required to file and 
                have certified an additional application under 
                paragraph (1) with respect to such a 
                nonimmigrant for an area of employment not 
                listed in the previous application because the 
                employer has placed one or more such 
                nonimmigrants in such a nonlisted area so long 
                as either (I) each such nonimmigrant is not 
                placed in such nonlisted areas for a period 
                exceeding 45 workdays in any 12-month period 
                and not to exceed 90 workdays in any 36-month 
                period, or (II) each such nonimmigrant's 
                principal place of employment has not changed 
                to a nonlisted area, and
                  (ii) the employer is not required to pay per 
                diem and transportation costs at any specified 
                rates for work performed in such a nonlisted 
                area.
  (7) In computing the prevailing wage level for an 
occupational classification in an area of employment for 
purposes of paragraph (1)(A)(i)(II) and subsection (a)(5)(A) in 
the case of an employee of (A) an institution of higher 
education (as defined in section 1201(a) of the Higher 
Education Act of 1965), or a related or affiliated nonprofit 
entity, or (B) a nonprofit scientific research organization, 
the prevailing wage level shall only take into account 
employees at such institutions and entities in the area of 
employment.
  [(o) An alien who has been physically present in the United 
States shall not be eligible to receive an immigrant visa 
within ninety days following departure therefrom unless--
          [(1) the alien was maintaining a lawful nonimmigrant 
        status at the time of such departure, or
          [(2) the alien is the spouse or unmarried child of an 
        individual who obtained temporary or permanent resident 
        status under section 210 or 245A of the Immigration and 
        Nationality Act or section 202 of the Immigration 
        Reform and Control Act of 1986 at any date, who--
                  [(A) as of May 5, 1988, was the unmarried 
                child or spouse of the individual who obtained 
                temporary or permanent resident status under 
                section 210 or 245A of the Immigration and 
                Nationality Act or section 202 of the 
                Immigration Reform and Control Act of 1986;
                  [(B) entered the United States before May 5, 
                1988, resided in the United States on May 5, 
                1988, and is not a lawful permanent resident; 
                and
                  [(C) applied for benefits under section 
                301(a) of the Immigration Act of 1990.]
          * * * * * * *

               admission of certain aliens on giving bond

    Sec. 213. An alien [excludable] inadmissible under 
paragraph (4) of section 212(a) may, if otherwise admissible, 
be admitted in the discretion of the Attorney General upon the 
giving of a suitable and proper bond or undertaking approved by 
the Attorney General, in such amount and containing such 
conditions as he may prescribe, to the United States, and to 
all States, territories, counties, towns, municipalities, and 
districts thereof holding the United States and all States, 
territories, counties, towns, municipalities, and districts 
thereof harmless against such alien becoming a public charge. 
Such bond or undertaking shall terminate upon the permanent 
departure from the United States, the naturalization, or the 
death of such alien, and any sums or other security held to 
secure performance thereof, except to the extent forfeited for 
violation of the terms thereof, shall be returned to the person 
by whom furnished, or to his legal representatives. Suit may be 
brought thereon in the name and by the proper law officers of 
the United States for the use of the United States, or of any 
State, territory, district, county, town, or municipality in 
which such alien becomes a public charge, irrespective of 
whether a demand for payment of public expenses has been made.


            requirements for sponsor's affidavit of support


  Sec. 213A. (a) Enforceability.--(1) No affidavit of support 
may be accepted by the Attorney General or by any consular 
officer to establish that an alien is not inadmissible as a 
public charge under section 212(a)(4) unless such affidavit is 
executed by a sponsor of the alien as a contract--
          (A) that is legally enforceable against the sponsor 
        by the Federal Government and by any State (or any 
        political subdivision of such State) that provides any 
        means-tested public benefits program, subject to 
        subsection (b)(4); and
          (B) in which the sponsor agrees to submit to the 
        jurisdiction of any Federal or State court for the 
        purpose of actions brought under subsection (b)(2).
  (2)(A) An affidavit of support shall be enforceable with 
respect to benefits provided under any means-tested public 
benefits program for an alien who is admitted to the United 
States as the parent of a United States citizen under section 
203(a)(2) until the alien is naturalized as a citizen of the 
United States.
  (B) An affidavit of support shall be enforceable with respect 
to benefits provided under any means-tested public benefits 
program for an alien who is admitted to the United States as 
the spouse of a United States citizen or lawful permanent 
resident under section 201(b)(2) or 203(a)(2) until--
          (i) 7 years after the date the alien is lawfully 
        admitted to the United States for permanent residence, 
        or
          (ii) such time as the alien is naturalized as a 
        citizen of the United States,

whichever occurs first.
  (C) An affidavit of support shall be enforceable with respect 
to benefits provided under any means-tested public benefits 
program for an alien who is admitted to the United States as 
the minor child of a United States citizen or lawful permanent 
resident under section 201(b)(2) or section 203(a)(2) until the 
child attains the age of 21 years.
  (D)(i) Notwithstanding any other provision of this 
subparagraph, a sponsor shall be relieved of any liability 
under an affidavit of support if the sponsored alien is 
employed for a period sufficient to qualify for old age 
benefits under title II of the Social Security Act and the 
sponsor or alien is able to prove to the satisfaction of the 
Attorney General that the alien so qualifies.
  (ii) The Attorney General shall ensure that appropriate 
information pursuant to clause (i) is provided to the System 
for Alien Verification of Eligibility (SAVE).
  (b) Reimbursement of Government Expenses.--(1)(A) Upon 
notification that a sponsored alien has received any benefit 
under any means-tested public benefits program, the appropriate 
Federal, State, or local official shall request reimbursement 
by the sponsor in the amount of such assistance.
  (B) The Attorney General, in consultation with the Secretary 
of Health and Human Services, shall prescribe such regulations 
as may be necessary to carry out subparagraph (A).
  (2) If within 45 days after requesting reimbursement, the 
appropriate Federal, State, or local agency has not received a 
response from the sponsor indicating a willingness to commence 
payments, an action may be brought against the sponsor pursuant 
to the affidavit of support.
  (3) If the sponsor fails to abide by the repayment terms 
established by such agency, the agency may, within 60 days of 
such failure, bring an action against the sponsor pursuant to 
the affidavit of support.
  (4) No cause of action may be brought under this subsection 
later than 10 years after the alien last received any benefit 
under any means-tested public benefits program.
  (5) If, pursuant to the terms of this subsection, a Federal, 
State, or local agency requests reimbursement from the sponsor 
in the amount of assistance provided, or brings an action 
against the sponsor pursuant to the affidavit of support, the 
appropriate agency may appoint or hire an individual or other 
person to act on behalf of such agency acting under the 
authority of law for purposes of collecting any moneys owed. 
Nothing in this subsection shall preclude any appropriate 
Federal, State, or local agency from directly requesting 
reimbursement from a sponsor for the amount of assistance 
provided, or from bringing an action against a sponsor pursuant 
to an affidavit of support.
  (c) Remedies.--Remedies available to enforce an affidavit of 
support under this section include any or all of the remedies 
described in section 3201, 3203, 3204, or 3205 of title 28, 
United States Code, as well as an order for specific 
performance and payment of legal fees and other costs of 
collection, and include corresponding remedies available under 
State law. A Federal agency may seek to collect amounts owed 
under this section in accordance with the provisions of 
subchapter II of chapter 37 of title 31, United States Code.
  (d) Notification of Change of Address.--(1) The sponsor of an 
alien shall notify the Federal Government and the State in 
which the sponsored alien is currently residing within 30 days 
of any change of address of the sponsor during the period 
specified in subsection (a)(1).
  (2) Any person subject to the requirement of paragraph (1) 
who fails to satisfy such requirement shall be subject to a 
civil penalty of--
          (A) not less than $250 or more than $2,000, or
          (B) if such failure occurs with knowledge that the 
        sponsored alien has received any benefit under any 
        means-tested public benefits program, not less than 
        $2,000 or more than $5,000.
  (e) Definitions.--For the purposes of this section--
          (1) Sponsor.--The term ``sponsor'' means, with 
        respect to an alien, an individual who--
                  (A) is a citizen or national of the United 
                States or an alien who is lawfully admitted to 
                the United States for permanent residence;
                  (B) is 18 years of age or over;
                  (C) is domiciled in any State;
                  (D) demonstrates, through presentation of a 
                certified copy of a tax return or otherwise, 
                (i) the means to maintain an annual income 
                equal to at least 200 percent of the poverty 
                level for the individual and the individual's 
                family (including the alien and any other 
                aliens with respect to whom the individual is a 
                sponsor), or (ii) for an individual who is on 
                active duty (other than active duty for 
                training) in the Armed Forces of the United 
                States, the means to maintain an annual income 
                equal to at least 100 percent of the poverty 
                level for the individual and the individual's 
                family including the alien and any other aliens 
                with respect to whom the individual is a 
                sponsor); and
                  (E) is petitioning for the admission of the 
                alien under section 204 (or is an individual 
                who accepts joint and several liability with 
                the petitioner).
          (2) Federal poverty line.--The term ``Federal poverty 
        line'' means the income official poverty line (as 
        defined in section 673(2) of the Community Services 
        Block Grant Act) that is applicable to a family of the 
        size involved.
          (3) Means-tested public benefits program.--The term 
        ``means-tested public benefits program'' means a 
        program of public benefits (including cash, medical, 
        housing, and food assistance and social services) of 
        the Federal Government or of a State or political 
        subdivision of a State in which the eligibility of an 
        individual, household, or family eligibility unit for 
        benefits under the program, or the amount of such 
        benefits, or both are determined on the basis of 
        income, resources, or financial need of the individual, 
        household, or unit.

                       admission of nonimmigrants

    Sec. 214. (a)  * * *
          * * * * * * *
    (c)(1)  * * *
    (2)(A) The Attorney General shall provide for a procedure 
under which an importing employer which meets requirements 
established by the Attorney General may file a blanket petition 
to import aliens as nonimmigrants described in section 
101(a)(15)(L) instead of filing individual petitions under 
paragraph (1) to import such aliens. Such procedure shall 
permit the expedited processing of visas for [entry] admission 
of aliens covered under such a petition.
          * * * * * * *
      (5)(A)  * * *
  (B) In the case of an alien who [enters] is admitted to the 
United States in nonimmigrant status under section 
101(a)(15)(O) or 101(a)(15)(P) and whose employment terminates 
for reasons other than voluntary resignation, the employer 
whose offer of employment formed the basis of such nonimmigrant 
status and the petitioner are jointly and severally liable for 
the reasonable cost of return transportation of the alien 
abroad. The petitioner shall provide assurance satisfactory to 
the Attorney General that the reasonable cost of that 
transportation will be provided.
          * * * * * * *
    (d) A visa shall not be issued under the provisions of 
section 101(a)(15)(K) until the consular officer has received a 
petition filed in the United States by the fiancee or fiance of 
the applying alien and approved by the Attorney General. The 
petition shall be in such form and contain such information as 
the Attorney General shall, by regulation, prescribe. It shall 
be approved only after satisfactory evidence is submitted by 
the petitioner to establish that the parties have previously 
met in person within 2 years before the date of filing the 
petition, have a bona fide intention to marry, and are legally 
able and actually willing to conclude a valid marriage in the 
United States within a period of ninety days after the alien's 
arrival, except that the Attorney General in his discretion may 
waive the requirement that the parties have previously met in 
person. In the event the marriage with the petitioner does not 
occur within three months after the [entry] admission of the 
said alien and minor children, they shall be required to depart 
from the United States and upon failure to do so shall be 
[deported] removed in accordance with sections [242] 240 and 
[243] 241.
          * * * * * * *
    (f)(1) Except as provided in paragraph (3), no alien shall 
be entitled to nonimmigrant status described in section 
101(a)(15)(D) if the alien intends to land for the purpose of 
performing service on board a vessel of the United States (as 
defined in section 2101(46) of title 46, United States Code) or 
on an aircraft of an air carrier (as defined in [section 101(3) 
of the Federal Aviation Act of 1958] section 40102(a)(2) of 
title 49, United States Code) during a labor dispute where 
there is a strike or lockout in the bargaining unit of the 
employer in which the alien intends to perform such service.
          * * * * * * *
  [(j)] (k)(1)  * * *
          * * * * * * *
  (4) As a condition for the admission, and continued stay in 
lawful status, of such a nonimmigrant, the nonimmigrant--
          (A)  * * *
          * * * * * * *
          (C) must have executed a form that waives the 
        nonimmigrant's right to contest, other than on the 
        basis of an application for withholding of 
        [deportation] removal, any action for [deportation] 
        removal of the alien instituted before the alien 
        obtains lawful permanent resident status; and
          * * * * * * *
  [(k)] (l)(1)  * * *
          * * * * * * *
  (3) Notwithstanding any other provision of this subsection, 
the two-year foreign residence requirement under section 212(e) 
shall apply with respect to an alien described in clause (iii) 
of that section[, who has not otherwise been accorded status 
under section 101(a)(27)(H),] if at any time the alien 
practices medicine in an area other than an area described in 
paragraph (1)(C).
          * * * * * * *

  conditional permanent resident status for certain alien spouses and 
                           sons and daughters

  Sec. 216. (a)  * * *
  (b) Termination of Status if Finding that Qualifying Marriage 
Improper.--
          (1) In general.--In the case of an alien with 
        permanent resident status on a conditional basis under 
        subsection (a), if the Attorney General determines, 
        before the second anniversary of the alien's obtaining 
        the status of lawful admission for permanent residence, 
        that--
                  (A) the qualifying marriage--
                          (i) was entered into for the purpose 
                        of procuring an alien's [entry] 
                        admission as an immigrant, or
                          (ii) has been judicially annulled or 
                        terminated, other than through the 
                        death of a spouse; or
          * * * * * * *
          (2) Hearing in [deportation] removal proceeding.--Any 
        alien whose permanent resident status is terminated 
        under paragraph (1) may request a review of such 
        determination in a proceeding to [deport] remove the 
        alien. In such proceeding, the burden of proof shall be 
        on the Attorney General to establish, by a 
        preponderance of the evidence, that a condition 
        described in paragraph (1) is met.
  (c) Requirements of Timely Petition and Interview for Removal 
of Condition.--
          (1)  * * *
          (2) Termination of permanent resident status for 
        failure to file petition or have personal interview.--
                  (A)  * * *
                  (B) Hearing in [deportation] removal 
                proceeding.--In any [deportation] removal 
                proceeding with respect to an alien whose 
                permanent resident status is terminated under 
                subparagraph (A), the burden of proof shall be 
                on the alien to establish compliance with the 
                conditions of paragraphs (1)(A) and (1)(B).
          (3) Determination after petition and interview.--
                  (A)  * * *
          * * * * * * *
                  (D) Hearing in [deportation] removal 
                proceeding.--Any alien whose permanent resident 
                status is terminated under subparagraph (C) may 
                request a review of such determination in a 
                proceeding to [deport] remove the alien. In 
                such proceeding, the burden of proof shall be 
                on the Attorney General to establish, by a 
                preponderance of the evidence, that the facts 
                and information described in subsection (d)(1) 
                and alleged in the petition are not true with 
                respect to the qualifying marriage.
          (4) Hardship waiver.--The Attorney General, in the 
        Attorney General's discretion, may remove the 
        conditional basis of the permanent resident status for 
        an alien who fails to meet the requirements of 
        paragraph (1) if the alien demonstrates that--
                  (A) extreme hardship would result if such 
                alien is [deported] removed,
          * * * * * * *
  (d) Details of Petition and Interview.--
          (1) Contents of petition.--Each petition under 
        subsection (c)(1)(A) shall contain the following facts 
        and information:
                  (A) Statement of proper marriage and 
                petitioning process.--The facts are that--
                          (i) the qualifying marriage--
                                  (I) was entered into in 
                                accordance with the laws of the 
                                place where the marriage took 
                                place,
                                  (II) has not been judicially 
                                annulled or terminated, other 
                                than through the death of a 
                                spouse, and
                                  (III) was not entered into 
                                for the purpose of procuring an 
                                alien's [entry] admission as an 
                                immigrant; and
          * * * * * * *
          (2) Period for filing petition.--
                  (A) 90-day period before second 
                anniversary.--Except as provided in 
                subparagraph (B), the petition under subsection 
                (c)(1)(A) must be filed during the 90-day 
                period before the second anniversary of the 
                alien's obtaining the status of lawful 
                admission for permanent residence.
                  (B) Date petitions for good cause.--Such a 
                petition may be considered if filed after such 
                date, but only if the alien establishes to the 
                satisfaction of the Attorney General good cause 
                and extenuating circumstances for failure to 
                file the petition during the period described 
                in subparagraph (A).
                  (C) Filing of petitions during [deportation] 
                removal.--In the case of an alien who is the 
                subject of [deportation] removal hearings as a 
                result of failure to file a petition on a 
                timely basis in accordance with subparagraph 
                (A), the Attorney General may stay such 
                [deportation] removal proceedings against an 
                alien pending the filing of the petition under 
                subparagraph (B).
          * * * * * * *
  (f) Treatment of Certain Waivers.--In the case of an alien 
who has permanent residence status on a conditional basis under 
this section, if, in order to obtain such status, the alien 
obtained a waiver under subsection (h) or (i) of section 212 of 
certain grounds of [exclusion] inadmissibility, such waiver 
terminates upon the termination of such permanent residence 
status under this section.
  (g) Definitions.--In this section:
          (1) The term ``alien spouse'' means an alien who 
        obtains the status of an alien lawfully admitted for 
        permanent residence (whether on a conditional basis or 
        otherwise)--
                  (A) as [an immediate relative (described in 
                section 201(b)) as the spouse of a citizen of 
                the United States] the spouse of a citizen of 
                the United States (described in section 
                201(b)),
                  (B) under section 214(d) as the fiancee or 
                fiance of a citizen of the United States, or
                  (C) under section 203(a)[(2)](1) as the 
                spouse of an alien lawfully admitted for 
                permanent residence,

        by virtue of a marriage which was entered into less 
        than 24 months before the date the alien obtains such 
        status by virtue of such marriage, but does not include 
        such an alien who only obtains such status as a result 
        of section [203(d)] 203(e).
          (2) The term ``alien son or daughter'' means an alien 
        who obtains the status of an alien lawfully admitted 
        for permanent residence (whether on a conditional basis 
        or otherwise) by virtue of being the son or daughter of 
        an individual through a qualifying marriage.
          (3) The term ``qualifying marriage'' means the 
        marriage described to in paragraph (1).
          (4) The term ``petitioning spouse'' means the spouse 
        of a qualifying marriage, other than the alien.

conditional permanent resident status for certain alien entrepreneurs, 
                         spouses, and children

  Sec. 216A. (a)  * * *
  (b) Termination of Status if Finding that Qualifying 
Entrepreneurship Improper.--
          (1) In general.--In the case of an alien entrepreneur 
        with permanent resident status on a conditional basis 
        under subsection (a), if the Attorney General 
        determines, before the second anniversary of the 
        alien's obtaining the status of lawful admission for 
        permanent residence, that--
                  (A) the establishment of the commercial 
                enterprise was intended solely as a means of 
                evading the immigration laws of the United 
                States,
                  (B)(i) a commercial enterprise was not 
                established by the alien,
                  [(ii) the alien did not invest or was not 
                actively in the process of investing the 
                requisite capital; or]
                  (ii) subject to paragraph (3), the alien did 
                not invest (and maintain investment of) the 
                requisite capital, or did not employ the 
                requisite number of employees, throughout 
                substantially the entire period since the 
                alien's admission; or
                  (iii) the alien was not sustaining the 
                actions described in clause (i) or (ii) 
                throughout the period of the alien's residence 
                in the United States, or
                  (C) the alien was otherwise not conforming to 
                the requirements of section 203(b)(5),

        then the Attorney General shall so notify the alien 
        involved and, subject to paragraph (2), shall terminate 
        the permanent resident status of the alien (and the 
        alien spouse and alien child) involved as of the date 
        of the determination.
          (2) Hearing in [deportation] removal proceeding.--Any 
        alien whose permanent resident status is terminated 
        under paragraph (1) may request a review of such 
        determination in a proceeding to deport the alien. In 
        such proceeding, the burden of proof shall be on the 
        Attorney General to establish, by a preponderance of 
        the evidence, that a condition described in paragraph 
        (1) is met.
          (3) Exceptions.--
                  (A) Good faith exception.--Paragraph 
                (1)(B)(ii) shall not apply to an alien to the 
                extent that the alien continues to attempt in 
                good faith throughout the period since 
                admission to invest (and maintain investment 
                of) the requisite capital, and to employ the 
                requisite number of employees, but was unable 
                to do so due to circumstances for which the 
                alien should not justly be held responsible.
                  (B) Extension.--In the case of an alien to 
                whom the exception under subparagraph (A) 
                applies, the application period under 
                subsection (d)(2) (and period for termination 
                under paragraph (1)) shall be extended (for up 
                to 3 additional years) by such additional 
                period as may be necessary to enable the alien 
                to have had the requisite capital and number of 
                employees throughout a 2-year period. Such 
                extension shall terminate at any time at which 
                the Attorney General finds that the alien has 
                not continued to attempt in good faith to 
                invest such capital and employ such employees.
  (c) Requirements of Timely Petition and Interview for Removal 
of Condition.--
          (1)  * * *
          (2) Termination of permanent resident status for 
        failure to file petition or have personal interview.--
                  (A)  * * *
                  (B) Hearing in [deportation] removal 
                proceeding.--In any [deportation] removal 
                proceeding with respect to an alien whose 
                permanent resident status is terminated under 
                subparagraph (A), the burden of proof shall be 
                on the alien to establish compliance with the 
                conditions of paragraphs (1)(A) and (1)(B).
          (3) Determination after petition and interview.--
                  (A)  * * *
          * * * * * * *
                  (D) Hearing in [deportation] removal 
                proceeding.--Any alien whose permanent resident 
                status is terminated under subparagraph (C) may 
                request a review of such determination in a 
                proceeding to [deport] remove the alien. In 
                such proceeding, the burden of proof shall be 
                on the Attorney General to establish, by a 
                preponderance of the evidence, that the facts 
                and information described in subsection (d)(1) 
                and alleged in the petition are not true with 
                respect to the qualifying commercial 
                enterprise.
  (d) Details of Petition and Interview.--
          (1)  * * *
          (2) Period for filing petition.--
                  (A)  * * *
          * * * * * * *
                  (C) Filing of petitions during [deportation] 
                removal.--In the case of an alien who is the 
                subject of [deportation] removal hearings as a 
                result of failure to file a petition on a 
                timely basis in accordance with subparagraph 
                (A), the Attorney General may stay such 
                [deportation] removal proceedings against an 
                alien pending the filing of the petition under 
                subparagraph (B).
          * * * * * * *
  (f) Definitions.--In this section:
          (1) The term ``alien entrepreneur'' means an alien 
        who obtains the status of an alien lawfully admitted 
        for permanent residence (whether on a conditional basis 
        or otherwise) under section 203(b)[(5)](4).
          * * * * * * *

  conditional permanent resident status for certain foreign language 
                                teachers

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

             visa waiver pilot program for certain visitors

  Sec. 217. (a)  * * *
  (b) Waiver of Rights.--An alien may not be provided a waiver 
under the pilot program unless the alien has waived any right--
          (1) to review or appeal under this Act of an 
        immigration officer's determination as to the 
        admissibility of the alien at the port of entry into 
        the United States, or
          (2) to contest, other than on the basis of an 
        application for asylum, any action for [deportation 
        against] removal of the alien.
  (c) Designation of Pilot Program Countries.--
          (1)  * * *
          * * * * * * *
          (3) Continuing and subsequent qualifications.--For 
        each fiscal year (within the pilot program period) 
        after the initial period--
                  (A) Continuing qualification.--In the case of 
                a country which was a pilot program country in 
                the previous fiscal year, a country may not be 
                designated as a pilot program country unless 
                the sum of--
                          (i) the total of the number of 
                        nationals of that country who were 
                        [excluded from admission] denied 
                        admission at the time of arrival or 
                        withdrew their application for 
                        admission during such previous fiscal 
                        year as a nonimmigrant visitor, and
                          (ii) the total number of nationals of 
                        that country who were admitted as 
                        nonimmigrant visitors during such 
                        previous fiscal year and who violated 
                        the terms of such admission,

                was less than 2 percent of the total number of 
                nationals of that country who applied for 
                admission as nonimmigrant visitors during such 
                previous fiscal year.
          * * * * * * *
  (f) Definition of Pilot Program Period.--For purposes of this 
section, the term ``pilot program period'' means the period 
beginning on October 1, 1988, and ending on September 30, 1996.
  (g) Pilot Program Country With Probationary Status.--
          (1) In general.--The Attorney General and the 
        Secretary of State acting jointly may designate any 
        country as a pilot program country with probationary 
        status if it meets the requirements of paragraph (2).
          (2) Qualifications.--A country may not be designated 
        as a pilot program country with probationary status 
        unless the following requirements are met:
                  (A) Nonimmigrant visa refusal rate for 
                previous 2-year period.--The average number of 
                refusals of nonimmigrant visitor visas for 
                nationals of the country during the two 
                previous full fiscal years was less than 3.5 
                percent of the total number of nonimmigrant 
                visitor visas for nationals of that country 
                which were granted or refused during those 
                years.
                  (B) Nonimmigrant visa refusal rate for 
                previous year.--The number of refusals of 
                nonimmigrant visitor visas for nationals of the 
                country during the previous full fiscal year 
                was less than 3 percent of the total number of 
                nonimmigrant visitor visas for nationals of 
                that country which were granted or refused 
                during that year.
                  (C) Low exclusions and violations rate for 
                previous year.--The sum of--
                          (i) the total number of nationals of 
                        that country who were [excluded from 
                        admission] denied admission at the time 
                        of arrival or withdrew their 
                        application for admission during the 
                        preceding fiscal year as a nonimmigrant 
                        visitor, and
                          (ii) the total number of nationals of 
                        that country who were admitted as 
                        nonimmigrant visitors during the 
                        preceding fiscal year and who violated 
                        the terms of such admission,

                was less than 1.5 percent of the total number 
                of nationals of that country who applied for 
                admission as nonimmigrant visitors during the 
                preceding fiscal year.
                  (D) Machine readable passport program.--The 
                government of the country certifies that it has 
                or is in the process of developing a program to 
                issue machine-readable passports to its 
                citizens.
          (3) Continuing and subsequent qualifications for 
        pilot program countries with probationary status.--The 
        designation of a country as a pilot program country 
        with probationary status shall terminate if either of 
        the following occurs:
                  (A) The sum of--
                          (i) the total number of nationals of 
                        that country who were [excluded from 
                        admission] denied admission at the time 
                        of arrival or withdrew their 
                        application for admission during the 
                        preceding fiscal year as a nonimmigrant 
                        visitor, and
                          (ii) the total number of nationals of 
                        that country who were admitted as 
                        visitors during the preceding fiscal 
                        year and who violated the terms of such 
                        admission,

                is more than 2.0 percent of the total number of 
                nationals of that country who applied for 
                admission as nonimmigrant visitors during the 
                preceding fiscal year.
                  (B) The country is not designated as a pilot 
                program country under subsection (c) within 3 
                fiscal years of its designation as a pilot 
                program country with probationary status under 
                this subsection.'''.
          (4) Designation of pilot program countries with 
        probationary status as pilot program countries.--In the 
        case of a country which was a pilot program country 
        with probationary status in the preceding fiscal year, 
        a country may be designated by the Attorney General and 
        the Secretary of State, acting jointly, as a pilot 
        program country under subsection (c) if--
                  (A) the total of the number of nationals of 
                that country who were [excluded from admission] 
                denied admission at the time of arrival or 
                withdrew their application for admission during 
                the preceding fiscal year as a nonimmigrant 
                visitor, and
                  (B) the total number of nationals of that 
                country who were admitted as nonimmigrant 
                visitors during the preceding fiscal year and 
                who violated the terms of such admission,

        was less than 2 percent of the total number of 
        nationals of that country who applied for admission as 
        nonimmigrant visitors during such preceding fiscal 
        year.
          * * * * * * *

                 Chapter 3--Issuance of Entry Documents

                           issuance of visas

  Sec. 221. (a) Under the conditions hereinafter prescribed and 
subject to the limitations prescribed in this Act or 
regulations issued thereunder, a consular officer may issue (1) 
to an immigrant who has made proper application therefor, an 
immigrant visa which shall consist of the application provided 
for in section 222, visaed by such consular officer, and shall 
specify the foreign state, if any, to which the immigrant is 
charged, the immigrant's particular status under such foreign 
state, the preference[, immediate relative,] or special 
immigrant classification to which the alien is charged, the 
date on which the validity of the visa shall expire, and such 
additional information as may be required; and (2) to a 
nonimmigrant who has made proper application therefor, a 
nonimmigrant visa, which shall specify the classification under 
section 101(a)(15) of the nonimmigrant, the period during which 
the nonimmigrant visa shall be valid, and such additional 
information as may be required.
          * * * * * * *
  (c) An immigrant visa shall be valid for such period, not 
exceeding [four months] six months, as shall be by regulations 
prescribed, except that any visa issued to a child lawfully 
adopted by a United States citizen and spouse while such 
citizen is serving abroad in the United States Armed Forces, or 
is employed abroad by the United States Government, or is 
temporarily abroad on business, shall be valid until such time, 
for a period not to exceed three years, as the adoptive citizen 
parent returns to the United States in due course of his 
service, employment, or business. A nonimmigrant visa shall be 
valid for such periods as shall be by regulations prescribed. 
In prescribing the period of validity of a nonimmigrant visa in 
the case of nationals of any foreign country who are eligible 
for such visas, the Secretary of State shall, insofar as 
practicable, accord to such nationals the same treatment upon a 
reciprocal basis as such foreign country accords to nationals 
of the United States who are within a similar class; 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. An immigrant visa may be 
replaced under the original number during the fiscal year in 
which the original visa was issued for an immigrant who 
establishes to the satisfaction of the consular officer that he 
was unable to use the original immigrant visa during the period 
of its validity because of reasons beyond his control and for 
which he was not responsible: Provided, That the immigrant is 
found by the consular officer to be eligible for an immigrant 
visa and the immigrant pays again the statutory fees for an 
application and an immigrant visa.
          * * * * * * *
  (f) Each nonimmigrant shall present or surrender to the 
immigration officer at the port of entry such documents as may 
be by regulation required. In the case of an alien crewman not 
in possession of any individual documents other than a passport 
and until such time as it becomes practicable to issue 
individual documents, such alien crewman may be admitted, 
subject to the provisions of this title, if his name appears in 
the crew list of the vessel or aircraft on which he arrives and 
the crew list is visaed by a consular officer, but the consular 
officer shall have the right to [exclude] deny admission to any 
alien crewman from the crew list visa.
          * * * * * * *
  (h) Nothing in this Act shall be construed to entitle any 
alien, to whom a visa or other documentation has been issued, 
to [enter] be admitted the United States, if, upon arrival at a 
port of entry in the United States, he is found to be 
inadmissible under this Act, or any other provision of law. The 
substance of this subsection shall appear upon every visa 
application.
          * * * * * * *

                         applications for visas

  Sec. 222. (a)  * * *
          * * * * * * *
  (g) In the case of an alien who has entered and remained in 
the United States beyond the authorized period of stay, the 
alien is not eligible to be admitted to the United States as a 
nonimmigrant on the basis of a visa issued other than in a 
consular office located in the country of the alien's 
nationality (or, if there is no office in such country, at such 
other consular office as the Secretary of State shall specify).
          * * * * * * *

            [immediate relative and special immigrant visas]


   visas for spouses and children of citizens and special immigrants


  Sec. 224. A consular officer may, subject to the limitations 
provided in section 221, issue an immigrant visa to a special 
immigrant or [immediate relative] a spouse or child of a 
citizen of the United States as such upon satisfactory proof, 
under regulations prescribed under this Act, that the applicant 
is entitled to special immigrant or [immediate relative status] 
status or status as a spouse or child of a citizen of the 
United States.

        [Chapter 4--Provisions Relating to Entry and Exclusion]

   Chapter 4--Inspection, Apprehension, Examination, Exclusion, and 
                                Removal

lists of alien and citizen passengers arriving or departing; record of 
  resident aliens and citizens leaving permanently for foreign country

  Sec. 231. (a) [Upon the arrival of any person by water or by 
air at any port within the United States from any place outside 
the United States, it shall be the duty of the master or 
commanding officer, or authorized agent, owner, or consignee of 
the vessel or aircraft, having any such person on board to 
deliver to the immigration officers at the port of arrival 
typewritten or printed lists or manifests of the persons on 
board such vessel or aircraft.] In connection with the arrival 
of any person by water or by air at any port within the United 
States from any place outside the United States, it shall be 
the duty of the master or commanding officer, or authorized 
agent, owner, or consignee of the vessel or aircraft, having 
such person on board to deliver to the immigration officers at 
the port of arrival, or other place designated by the Attorney 
General, electronic, typewritten, or printed lists or manifests 
of the persons on board such vessel or aircraft. Such lists or 
manifests [shall be prepared] shall be prepared and submitted 
at such time, be in such form and shall contain such 
information as the Attorney General shall prescribe by 
regulation as being necessary for the identification of the 
persons transported and for the enforcement of the immigration 
laws. Such lists or manifests shall contain, but not be limited 
to, for each person transported, the person's full name, date 
of birth, gender, citizenship, travel document number (if 
applicable) and arriving flight number. This subsection shall 
not require the master or commanding officer, or authorized 
agent, owner, or consignee of a vessel or aircraft to furnish a 
list or manifest relating (1) to an alien crewman or (2) to any 
other person arriving by air on a trip originating in foreign 
contiguous territory, except (with respect to such arrivals by 
air) as may be required by regulations issued pursuant to 
section 239.
          * * * * * * *

         [detention of aliens for observation and examination]


        detention of aliens for physical and mental examination


  Sec. 232. (a) Detention of Aliens.--For the purpose of 
determining whether aliens (including alien crewmen) arriving 
at ports of the United States belong to any of the classes 
[excluded by] inadmissible under this Act, by reason of being 
afflicted with any of the diseases or mental or physical 
defects or disabilities set forth in section 212(a), or 
whenever the Attorney General has received information showing 
that any aliens are coming from a country or have embarked at a 
place where any of such diseases are prevalent or epidemic, 
such aliens shall be detained by the Attorney General for a 
sufficient time to enable the immigration officers and medical 
officers to subject such aliens to observation and an 
examination sufficient to determine whether or not they belong 
to [the excluded classes] inadmissible classes.
  (b) Physical and Mental Examination.--The physical and mental 
examination of arriving aliens (including alien crewmen) shall 
be made by medical officers of the United States Public Health 
Service, who shall conduct all medical examinations and shall 
certify, for the information of the immigration officers and 
the [special inquiry officers] immigration judges, any physical 
and mental defect or disease observed by such medical officers 
in any such alien. If medical officers of the United States 
Public Health Service are not available, civil surgeons of not 
less than four years' professional experience may be employed 
for such service upon such terms as may be prescribed by the 
Attorney General. Aliens (including alien crewmen) arriving at 
ports of the United States shall be examined by at least one 
such medical officer or civil surgeon under such administrative 
regulations as the Attorney General may prescribe, and under 
medical regulations prepared by the Secretary of Health and 
Human Services. Medical officers of the United States Public 
Health Service who have had special training in the diagnosis 
of insanity and mental defects shall be detailed for duty or 
employed at such ports of entry as the Attorney General may 
designate, and such medical officers shall be provided with 
suitable facilities for the detention and examination of all 
arriving aliens who it is suspected may be [excludable] 
inadmissible under paragraph (1) of section 212(a), and the 
services of interpreters shall be provided for such 
examination. Any alien certified under paragraph (1) of section 
212(a) may appeal to a board of medical officers of the United 
States Public Health Service, which shall be convened by the 
Secretary of Health and Human Services, and any such alien may 
introduce before such board one expert medical witness at his 
own cost and expense.
  (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.

    entry through or from foreign contiguous territory and adjacent 
                       islands; landing stations

  Sec. [238.] 233. (a) The Attorney General shall have power to 
enter into contracts with transportation lines for the [entry 
and] inspection and admission of aliens coming to the United 
States from foreign contiguous territory or from adjacent 
islands. No such transportation line shall be allowed to land 
any such alien in the United States until and unless it has 
entered into any such contracts which may be required by the 
Attorney General.
          * * * * * * *

  designation of ports of entry for aliens arriving by civil aircraft

  Sec. [239.] 234. The Attorney General is authorized (1) by 
regulation to designate as ports of entry for aliens arriving 
by aircraft any of the ports of entry for civil aircraft 
designated as such in accordance with law; (2) by regulation to 
provide such reasonable requirements for aircraft in civil air 
navigation with respect to giving notice of intention to land 
in advance of landing, or notice of landing, as shall be deemed 
necessary for purposes of administration and enforcement of 
this Act; and (3) by regulation to provide for the application 
to civil air navigation of the provisions of this Act where not 
expressly so provided in this Act to such extent and upon such 
conditions as he deems necessary. Any person who violates any 
regulation made under this section shall be subject to a civil 
penalty of $2,000 which may be remitted or mitigated by the 
Attorney General in accordance with such proceedings as the 
Attorney General shall by regulation prescribe. In case the 
violation is by the owner or person in command of the aircraft, 
the penalty shall be a lien upon the aircraft, and such 
aircraft may be libeled therefor in the appropriate United 
States court. The determination by the Attorney General and 
remission or mitigation of the civil penalty shall be final. In 
case the violation is by the owner or person in command of the 
aircraft, the penalty shall be a lien upon the aircraft and may 
be collected by proceedings in rem which shall conform as 
nearly as may be to civil suits in admiralty. The Supreme Court 
of the United States, and under its direction other courts of 
the United States, are authorized to prescribe rules regulating 
such proceedings against aircraft in any particular not 
otherwise provided by law. Any aircraft made subject to a lien 
by this section may be summarily seized by, and placed in the 
custody of such persons as the Attorney General may by 
regulation prescribe. The aircraft may be released from such 
custody upon deposit of such amount not exceeding $2,000 as the 
Attorney General may prescribe, or of a bond in such sum and 
with such sureties as the Attorney General may prescribe, 
conditioned upon the payment of the penalty which may be 
finally determined by the Attorney General.

                    [physical and mental examination

  [Sec. 234. The physical and mental examination of arriving 
aliens (including alien crewmen) shall be made by medical 
officers of the United States Public Health Service, who shall 
conduct all medical examinations and shall certify, for the 
information of the immigration officers and the special inquiry 
officers, any physical and mental defect or disease observed by 
such medical officers in any such alien. If medical officers of 
the United States Public Health Service are not available, 
civil surgeons of not less than four years' professional 
experience may be employed for such service upon such terms as 
may be prescribed by the Attorney General. Aliens (including 
alien crewmen) arriving at ports of the United States shall be 
examined by at least one such medical officer or civil surgeon 
under such administrative regulations as the Attorney General 
may prescribe, and under medical regulations prepared by the 
Secretary of Health and Human Services. Medical officers of the 
United States Public Health Service who have had special 
training in the diagnosis of insanity and mental defects shall 
be detailed for duty or employed at such ports of entry as the 
Attorney General may designate, and such medical officers shall 
be provided with suitable facilities for the detention and 
examination of all arriving aliens who it is suspected may be 
excludable under paragraph (1) of section 212(a), and the 
services of interpreters shall be provided for such 
examination. Any alien certified under paragraph (1) of section 
212(a) may appeal to a board of medical officers of the United 
States Public Health Service, which shall be convened by the 
Secretary of Health and Human Services, and any such alien may 
introduce before such board one expert medical witness at his 
own cost and expense.]

                  [inspection by immigration officers

  [Sec. 235. (a) The inspection, other than the physical and 
mental examination, of aliens (including alien crewmen) seeking 
admission or readmission to, or the privilege of passing 
through the United States shall be conducted by immigration 
officers, except as otherwise provided in regard to special 
inquiry officers. All aliens arriving at ports of the United 
States shall be examined by one or more immigration officers at 
the discretion of the Attorney General and under such 
regulations as he may prescribe. Immigration officers are 
hereby authorized and empowered 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. 
The Attorney General and any immigration officer, including 
special inquiry officers, 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, pass 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, and, where such action may be 
necessary, to make a written record of such evidence. Any 
person coming into the United States may be required to state 
under oath the purpose or purposes for which he comes, the 
length of time he intends to remain in the United States, 
whether or not he intends to remain in the United States 
permanently and, if an alien, whether he intends to become a 
citizen thereof, and such other items of information as will 
aid the immigration officer in determining whether he is a 
national of the United States or an alien and, if the latter, 
whether he belongs to any of the excluded classes enumerated in 
section 212. The Attorney General and any immigration officer, 
including special inquiry officers, shall have power to require 
by subpena the attendance and testimony of witnesses before 
immigration officers and special inquiry officers and the 
production of books, papers, and documents relating to the 
privilege of any 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. Any United States 
district court within the jurisdiction of which investigations 
or inquiries are being conducted by an immigration officer or 
special inquiry officer may, in the event of neglect or refusal 
to respond to a subpena issued under this subsection or refusal 
to testify before an immigration officer or special inquiry 
officer, issue an order requiring such persons to appear before 
an immigration officer or special inquiry 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) Every alien (other than an alien crewman), and except as 
otherwise provided in subsection (c) of this section and in 
section 273(d), who may not appear to the examining immigration 
officer at the port of arrival to be clearly and beyond a doubt 
entitled to land shall be detained for further inquiry to be 
conducted by a special inquiry officer. The decision of the 
examining immigration officer, if favorable to the admission of 
any alien, shall be subject to challenge by any other 
immigration officer and such challenge shall operate to take 
the alien, whose privilege to land is so challenged, before a 
special inquiry officer for further inquiry.
  [(c) Any alien (including an alien crewman) who may appear to 
the examining immigration officer or to the special inquiry 
officer during the examination before either of such officers 
to be excludable under subparagraph (A) (other than clause 
(ii)), (B), or (C) of section 212(a)(3) shall be temporarily 
excluded, and no further inquiry by a special inquiry officer 
shall be conducted until after the case is reported to the 
Attorney General together with any such written statement and 
accompanying information, if any, as the alien or his 
representative may desire to submit in connection therewith and 
such an inquiry or further inquiry is directed by the Attorney 
General. If the Attorney General is satisfied that the alien is 
excludable under any of such paragraphs on the basis of 
information of a confidential nature, the disclosure of which 
the Attorney General, in the exercise of his discretion, and 
after consultation with the appropriate security agencies of 
the Government, concludes would be prejudicial to the public 
interest, safety, or security, he may in his discretion order 
such alien to be excluded and deported without any inquiry or 
further inquiry by a special inquiry officer. Nothing in this 
subsection shall be regarded as requiring an inquiry before a 
special inquiry officer in the case of an alien crewman.]


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


  Sec. 235. (a) Inspection.--
          (1) Aliens treated as applicants for admission.--An 
        alien present in the United States who has not been 
        admitted, who arrives in the United States (whether or 
        not at a designated port of arrival), or who is brought 
        to the United States after having been interdicted in 
        international or United States waters shall be deemed 
        for purposes of this Act an applicant for admission.
          (2) Stowaways.--An arriving alien who is a stowaway 
        is not eligible to apply for admission or to be 
        admitted and shall be ordered removed upon inspection 
        by an immigration officer. Upon such inspection if the 
        alien indicates an intention to apply for asylum under 
        section 208 or a fear of persecution, the officer shall 
        refer the alien for an interview under subsection 
        (b)(1)(B). A stowaway may apply for asylum only if the 
        stowaway is found to have a credible fear of 
        persecution under subsection (b)(1)(B). In no case may 
        a stowaway be considered an applicant for admission or 
        eligible for a hearing under section 240.
          (3) Inspection.--All aliens (including alien crewmen) 
        who are applicants for admission or otherwise seeking 
        admission or readmission to or transit through the 
        United States shall be inspected by immigration 
        officers.
          (4) Withdrawal of application for admission.--An 
        alien applying for admission may, in the discretion of 
        the Attorney General and at any time, be permitted to 
        withdraw the application for admission and depart 
        immediately from the United States.
          (5) Statements.--An applicant for admission may be 
        required to state under oath any information sought by 
        an immigration officer regarding the purposes and 
        intentions of the applicant in seeking admission to the 
        United States, including the applicant's intended 
        length of stay and whether the applicant intends to 
        remain permanently or become a United States citizen, 
        and whether the applicant is inadmissible.
  (b) Inspection of Applicants for Admission.--
          (1) Inspection of aliens arriving in the united 
        states.--
                  (A) Screening.--If the examining immigration 
                officer determines that an alien arriving in 
                the United States (whether or not at a port of 
                entry) is inadmissible under section 
                212(a)(6)(C) or 212(a)(7) and the alien--
                          (i) does not indicate either an 
                        intention to apply for asylum under 
                        section 208 or a fear of persecution, 
                        the officer shall order the alien 
                        removed from the United States without 
                        further hearing or review; or
                          (ii) indicates an intention to apply 
                        for asylum under section 208 or a fear 
                        of persecution, the officer shall refer 
                        the alien for an interview by an asylum 
                        officer under subparagraph (B).
                  (B) Asylum interviews.--
                          (i) Conduct by asylum officers.--An 
                        asylum officer shall promptly conduct 
                        interviews of aliens referred under 
                        subparagraph (A)(ii).
                          (ii) Referral of certain aliens.--If 
                        the officer determines at the time of 
                        the interview that an alien has a 
                        credible fear of persecution (within 
                        the meaning of clause (v)), the alien 
                        shall be detained for further 
                        consideration of the application for 
                        asylum.
                          (iii) Removal without further review 
                        if no credible fear of persecution.--
                                  (I) In general.--Subject to 
                                subclause (II), if the officer 
                                determines that an alien does 
                                not have a credible fear of 
                                persecution, the officer shall 
                                order the alien removed from 
                                the United States without 
                                further hearing or review.
                                  (II) Review of determination 
                                by supervisory officer.--The 
                                Attorney General shall 
                                promulgate regulations to 
                                provide for the immediate 
                                review by a supervisory asylum 
                                officer at the port of entry of 
                                a determination under subclause 
                                (I).
                          (iv) Information about interviews.--
                        The Attorney General shall provide 
                        information concerning the asylum 
                        interview described in this 
                        subparagraph to aliens who may be 
                        eligible. An alien who is eligible for 
                        such interview may consult with a 
                        person or persons of the alien's 
                        choosing prior to the interview or any 
                        review thereof, according to 
                        regulations prescribed by the Attorney 
                        General. Such consultation shall be at 
                        no expense to the Government and shall 
                        not delay the process.
                          (v) Credible fear of persecution 
                        defined.--For purposes of this 
                        subparagraph, the term ``credible fear 
                        of persecution'' means (I) that it is 
                        more probable than not that the 
                        statements made by the alien in support 
                        of the alien's claim are true, and (II) 
                        that there is a significant 
                        possibility, in light of such 
                        statements and of such other facts as 
                        are known to the officer, that the 
                        alien could establish eligibility for 
                        asylum under section 208.
                  (C) Limitation on administrative review.--A 
                removal order entered in accordance with 
                subparagraph (A)(i) or (B)(iii)(I) is not 
                subject to administrative appeal, except that 
                the Attorney General shall provide by 
                regulation for prompt review of such an order 
                under subparagraph (A)(i) against an alien who 
                claims under oath, or as permitted under 
                penalty of perjury under section 1746 of title 
                28, United States Code, after having been 
                warned of the penalties for falsely making such 
                claim under such conditions, to have been 
                lawfully admitted for permanent residence.
                  (D) Limit on collateral attacks.--In any 
                action brought against an alien under section 
                275(a) or section 276, the court shall not have 
                jurisdiction to hear any claim attacking the 
                validity of an order of removal entered under 
                subparagraph (A)(i) or (B)(iii)(I).
                  (E) Asylum officer defined.--As used in this 
                paragraph, the term ``asylum officer'' means an 
                immigration officer who--
                          (i) has had professional training in 
                        country conditions, asylum law, and 
                        interview techniques, and
                          (ii) is supervised by an officer who 
                        meets the condition described in clause 
                        (i).
          (2) Inspection of other aliens.--
                  (A) In general.--Subject to subparagraph (B), 
                in the case of an alien who is an applicant for 
                admission, if the examining immigration officer 
                determines that an alien seeking admission is 
                not clearly and beyond a doubt entitled to be 
                admitted, the alien shall be detained for a 
                hearing under section 240.
                  (B) Exception.--Subparagraph (A) shall not 
                apply to an alien--
                          (i) who is a crewman,
                          (ii) to whom paragraph (1) applies, 
                        or
                          (iii) who is a stowaway.
          (3) Challenge of decision.--The decision of the 
        examining immigration officer, if favorable to the 
        admission of any alien, shall be subject to challenge 
        by any other immigration officer and such challenge 
        shall operate to take the alien whose privilege to be 
        admitted is so challenged, before an immigration judge 
        for a hearing under section 240.
  (c) Removal of Aliens Inadmissible on Security and Related 
Grounds.--
          (1) Removal without further hearing.--If an 
        immigration officer or an immigration judge suspects 
        that an arriving alien may be inadmissible under 
        subparagraph (A) (other than clause (ii)), (B), or (C) 
        of section 212(a)(3), the officer or judge shall--
                  (A) order the alien removed, subject to 
                review under paragraph (2);
                  (B) report the order of removal to the 
                Attorney General; and
                  (C) not conduct any further inquiry or 
                hearing until ordered by the Attorney General.
          (2) Review of order.--(A) The Attorney General shall 
        review orders issued under paragraph (1).
          (B) If the Attorney General--
                  (i) is satisfied on the basis of confidential 
                information that the alien is inadmissible 
                under subparagraph (A) (other than clause 
                (ii)), (B), or (C) of section 212(a)(3), and
                  (ii) after consulting with appropriate 
                security agencies of the United States 
                Government, concludes that disclosure of the 
                information would be prejudicial to the public 
                interest, safety, or security,

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


                   preinspection at foreign airports


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

                         [exclusions of aliens

  [Sec. 236. (a) A special inquiry officer shall conduct 
proceedings under this section, administer oaths, present and 
receive evidence, and interrogate, examine, and cross-examine 
the alien or witnesses. He shall have authority in any case to 
determine whether an arriving alien who has been detained for 
further inquiry under section 235 shall be allowed to enter or 
shall be excluded and deported. The determination of such 
special inquiry officer shall be based only on the evidence 
produced at the inquiry. No special inquiry officer shall 
conduct a proceeding in any case under this section in which he 
shall have participated in investigative functions or in which 
he shall have participated (except as provided in this 
subsection) in prosecuting functions. Proceedings before a 
special inquiry officer under this section shall be conducted 
in accordance with this section, the applicable provisions of 
sections 235 and 287(b), and such regulations as the Attorney 
General shall prescribe, and shall be the sole and exclusive 
procedure for determining admissibility of a person to the 
United States under the provisions of this section. At such 
inquiry, which shall be kept separate and apart from the 
public, the alien may have one friend or relative present, 
under such conditions as may be prescribed by the Attorney 
General. A complete record of the proceedings and of all 
testimony and evidence produced at such inquiry, shall be kept.
  [(b) From a decision of a special inquiry officer excluding 
an alien, such alien may take a timely appeal to the Attorney 
General, and any such alien shall be advised of his right to 
take such appeal. No appeal may be taken from a temporary 
exclusion under section 235(c). From a decision of the special 
inquiry officer to admit an alien, the immigration officer in 
charge at the port where the inquiry is held may take a timely 
appeal to the Attorney General. An appeal by the alien, or such 
officer in charge, shall operate to stay any final action with 
respect to any alien whose case is so appealed until the final 
decision of the Attorney General is made. Except as provided in 
section 235(c) such decision shall be rendered solely upon the 
evidence adduced before the special inquiry officer.
  [(c) Except as provided in subsections (b) or (d), in every 
case where an alien is excluded from admission into the United 
States, under this Act or any other law or treaty now existing 
or hereafter made, the decision of a special inquiry officer 
shall be final unless reversed on appeal to the Attorney 
General.
  [(d) If a medical officer or civil surgeon or board of 
medical officers has certified under section 234 that an alien 
has a disease, illness, or addiction which would make the alien 
excludable under paragraph (1) of section 212(a), the decision 
of the special inquiry officer shall be based solely upon such 
certification. No alien shall have a right to appeal from such 
an excluding decision of a special inquiry officer.
  [(e)(1) Pending a determination of excludability, the 
Attorney General shall take into custody any alien convicted of 
an aggravated felony upon release of the alien (regardless of 
whether or not such release is on parole, supervised release, 
or probation, and regardless of the possibility of rearrest or 
further confinement in respect of the same offense).
  [(2) Notwithstanding any other provision of this section, the 
Attorney General shall not release such felon from custody 
unless the Attorney General determines that the alien may not 
be deported because the condition described in section 243(g) 
exists.
  [(3) If the determination described in paragraph (2) has been 
made, the Attorney General may release such alien only after--
          [(A) a procedure for review of each request for 
        relief under this subsection has been established,
          [(B) such procedure includes consideration of the 
        severity of the felony committed by the alien, and
          [(C) the review concludes that the alien will not 
        pose a danger to the safety of other persons or to 
        property.]


 apprehension and detention of aliens not lawfully in the united states


  Sec. 236. (a) Arrest, Detention, and Release.--On a warrant 
issued by the Attorney General, an alien may be arrested and 
detained pending a decision on whether the alien is to be 
removed from the United States. Except as provided in 
subsection (c) and pending such decision, the Attorney 
General--
          (1) may continue to detain the arrested alien; and
          (2) may release the alien on--
                  (A) bond of at least $1,500 with security 
                approved by, and containing conditions 
                prescribed by, the Attorney General; or
                  (B) conditional parole; but
          (3) may not provide the alien with work authorization 
        (including an ``employment authorized'' endorsement or 
        other appropriate work permit), unless the alien is 
        lawfully admitted for permanent residence or otherwise 
        would (without regard to removal proceedings) be 
        provided such authorization.
  (b) Revocation of Bond or Parole.--The Attorney General at 
any time may revoke a bond or parole authorized under 
subsection (a), rearrest the alien under the original warrant, 
and detain the alien.
  (c) Aliens Convicted of Aggravated Felonies.--
          (1) Custody.--The Attorney General shall take into 
        custody any alien convicted of an aggravated felony 
        when the alien is released, without regard to whether 
        the alien is released on parole, supervised release, or 
        probation, and without regard to whether the alien may 
        be arrested or imprisoned again for the same offense.
          (2) Release.--The Attorney General may release the 
        alien only if--
                  (A) the alien was lawfully admitted to the 
                United States and satisfies the Attorney 
                General that the alien will not pose a danger 
                to the safety of other persons or of property 
                and is likely to appear for any scheduled 
                proceeding;
                  (B) the alien was not lawfully admitted to 
                the United States, cannot be removed because 
                the designated country of removal will not 
                accept the alien, and satisfies the Attorney 
                General that the alien will not pose a danger 
                to the safety of other persons or of property 
                and is likely to appear for any scheduled 
                proceeding; or
                  (C) the Attorney General decides pursuant to 
                section 3521 of title 18, United States Code, 
                that release of the alien from custody is 
                necessary to provide protection to a witness, a 
                potential witness, a person cooperating with an 
                investigation into major criminal activity, or 
                an immediate family member or close associate 
                of a witness, potential witness, or person 
                cooperating with such an investigation.
        A decision relating to such release shall take place in 
        accordance with a procedure that considers the severity 
        of the offense committed by the alien.
  (d) Identification of Aliens Convicted of Aggravated 
Felonies.--(1) The Attorney General shall devise and implement 
a system--
          (A) to make available, daily (on a 24-hour basis), to 
        Federal, State, and local authorities the investigative 
        resources of the Service to determine whether 
        individuals arrested by such authorities for aggravated 
        felonies are aliens;
          (B) to designate and train officers and employees of 
        the Service to serve as a liaison to Federal, State, 
        and local law enforcement and correctional agencies and 
        courts with respect to the arrest, conviction, and 
        release of any alien charged with an aggravated felony; 
        and
          (C) which uses computer resources to maintain a 
        current record of aliens who have been convicted of an 
        aggravated felony and who have been removed.
  (2) The record under paragraph (1)(C) shall be made 
available--
          (A) to inspectors at ports of entry and to border 
        patrol agents at sector headquarters for purposes of 
        immediate identification of any such previously removed 
        alien seeking to reenter the United States, and
          (B) to officials of the Department of State for use 
        in its automated visa lookout system.

                  general classes of deportable aliens

    Sec. [241.] 237. (a) Classes of Deportable Aliens.--Any 
alien (including an alien crewman) [in the United States] in 
and admitted to the United States shall, upon the order of the 
Attorney General, be [deported] removed if the alien is within 
one or more of the following classes of deportable aliens:
          (1) [Excludable] Inadmissible at time of entry or of 
        adjustment of status or violates status.--
                  (A) [Excludable] Inadmissible aliens.--Any 
                alien who at the time of entry or adjustment of 
                status was within one or more of the classes of 
                aliens [excludable] inadmissible by the law 
                existing at such time is deportable.
                  [(B) Entered without inspection.--Any alien 
                who entered the United States without 
                inspection or at any time or place other than 
                as designated by the Attorney General or is in 
                the United States in violation of this Act or 
                any other law of the United States is 
                deportable.]
                  (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.
          * * * * * * *
                  (E) Smuggling.--
                          (i) In general.--Any alien who (prior 
                        to the date of entry, at the time of 
                        any entry, or within 5 years of the 
                        date of any entry) knowingly has 
                        encouraged, induced, assisted, abetted, 
                        or aided any other alien to enter or to 
                        try to enter the United States in 
                        violation of law is deportable.
                          (ii) Special rule in the case of 
                        family reunification.--Clause (i) shall 
                        not apply in the case of alien who is 
                        an eligible immigrant (as defined in 
                        section 301(b)(1) of the Immigration 
                        Act of 1990), was physically present in 
                        the United States on May 5, 1988, and 
                        is seeking admission as [an immediate 
                        relative] a spouse, child, or parent of 
                        a citizen of the United States or under 
                        section [203(a)(2)] 203(a)(1) 
                        (including under section 112 of the 
                        Immigration Act of 1990) or benefits 
                        under section 301(a) of the Immigration 
                        Act of 1990 if the alien, before May 5, 
                        1988, has encouraged, induced, 
                        assisted, abetted, or aided only the 
                        alien's spouse, parent, son, or 
                        daughter (and no other individual) to 
                        enter the United States in violation of 
                        law.
                          (iii) Waiver authorized.--The 
                        Attorney General may, in his discretion 
                        for humanitarian purposes, to assure 
                        family unity, or when it is otherwise 
                        in the public interest, waive 
                        application of clause (i) in the case 
                        of any alien lawfully admitted for 
                        permanent residence if the alien has 
                        encouraged, induced, assisted, abetted, 
                        or aided only the alien's spouse, 
                        parent, son, or daughter (and no other 
                        individual) to enter the United States 
                        in violation of law.
                  [(F) Failure to maintain employment.--Any 
                alien who obtains the status of an alien 
                lawfully admitted for temporary residence under 
                section 210A who fails to meet the requirement 
                of section 210A(d)(5)(A) by the end of the 
                applicable period is deportable.]
                  (G) Marriage fraud.--An alien shall be 
                considered to be deportable as having procured 
                a visa or other documentation by fraud (within 
                the meaning of section 212(a)(6)(C)(i)) and to 
                be in the United States in violation of this 
                Act (within the meaning of subparagraph (B)) 
                if--
                          (i) the alien obtains any [entry] 
                        admission into the United States with 
                        an immigrant visa or other 
                        documentation procured on the basis of 
                        a marriage entered into less than 2 
                        years prior to such [entry] admission 
                        of the alien and which, within 2 years 
                        subsequent to any [entry] admission of 
                        the alien in the United States, shall 
                        be judicially annulled or terminated, 
                        unless the alien establishes to the 
                        satisfaction of the Attorney General 
                        that such marriage was not contracted 
                        for the purpose of evading any 
                        provisions of the immigration laws, or
                          (ii) it appears to the satisfaction 
                        of the Attorney General that the alien 
                        has failed or refused to fulfill the 
                        alien's marital agreement which in the 
                        opinion of the Attorney General was 
                        made for the purpose of procuring the 
                        alien's [entry] admission as an 
                        immigrant.
                  (H) Waiver authorized for certain 
                misrepresentations.--The provisions of this 
                paragraph relating to the [deportation] removal 
                of aliens within the United States on the 
                ground that they were [excludable] inadmissible 
                at the time of [entry] admission as aliens 
                described in section 212(a)(6)(C)(i), whether 
                willful or innocent, may, in the discretion of 
                the Attorney General, be waived for any alien 
                (other than an alien described in paragraph 
                (4)(D)) who--
                          (i) is the spouse, parent, son, or 
                        daughter of a citizen of the United 
                        States or of an alien lawfully admitted 
                        to the United States for permanent 
                        residence; and
                          (ii) was in possession of an 
                        immigrant visa or equivalent document 
                        and was otherwise admissible to the 
                        United States at the time of such 
                        [entry] admission except for those 
                        grounds of inadmissibility specified 
                        under paragraphs (5)(A) and (7)(A) of 
                        section 212(a) which were a direct 
                        result of that fraud or 
                        misrepresentation.
                A waiver of [deportation] removal for fraud or 
                misrepresentation granted under this 
                subparagraph shall also operate to waive 
                [deportation] removal based on the grounds of 
                inadmissibility [at entry] directly resulting 
                from such fraud or misrepresentation.
          (2) Criminal offenses.--
                  (A) General crimes.--
                          (i) Crimes of moral turpitude.--Any 
                        alien who--
                                  (I) is convicted of a crime 
                                involving moral turpitude 
                                committed within five years (or 
                                10 years in the case of an 
                                alien provided lawful permanent 
                                resident status under section 
                                [245(i)] 245(j)) after the date 
                                of [entry] admission, and
                                  (II) either is sentenced to 
                                confinement or is confined 
                                therefor in a prison or 
                                correctional institution for 
                                one year or longer,

                        is deportable.
                          (ii) Multiple criminal convictions.--
                        Any alien who at any time after [entry] 
                        admission is convicted of two or more 
                        crimes involving moral turpitude, not 
                        arising out of a single scheme of 
                        criminal misconduct, regardless of 
                        whether confined therefor and 
                        regardless of whether the convictions 
                        were in a single trial, is deportable.
                          (iii) Aggravated felony.--Any alien 
                        who is convicted of an aggravated 
                        felony at any time after [entry] 
                        admission is deportable.
                          (iv) Waiver authorized.--Clauses (i), 
                        (ii), and (iii) shall not apply in the 
                        case of an alien with respect to a 
                        criminal conviction if the alien 
                        subsequent to the criminal conviction 
                        has been granted a full and 
                        unconditional pardon by the President 
                        of the United States or by the Governor 
                        of any of the several States.
                  (B) Controlled substances.--
                          (i) Conviction.--Any alien who at any 
                        time after [entry] admission has been 
                        convicted of a violation of (or a 
                        conspiracy or attempt to violate) any 
                        law or regulation of a State, the 
                        United States, or a foreign country 
                        relating to a controlled substance (as 
                        defined in section 102 of the 
                        Controlled Substances Act (21 U.S.C. 
                        802)), other than a single offense 
                        involving possession for one's own use 
                        of 30 grams or less of marijuana, is 
                        deportable.
                          (ii) Drug abusers and addicts.--Any 
                        alien who is, or at any time after 
                        [entry] admission has been, a drug 
                        abuser or addict is deportable.
                  (C) Certain firearm offenses.--Any alien who 
                at any time after [entry] admission is 
                convicted under any law of purchasing, selling, 
                offering for sale, exchanging, using, owning, 
                possessing, or carrying, or of attempting or 
                conspiring to purchase, sell, offer for sale, 
                exchange, use, own, possess, or carry, any 
                weapon, part, or accessory which is a firearm 
                or destructive device (as defined in section 
                921(a) of title 18, United States Code) in 
                violation of any law is deportable.
                  (D) Miscellaneous crimes.--Any alien who at 
                any time has been convicted (the judgment on 
                such conviction becoming final) of, or has been 
                so convicted of a conspiracy or attempt to 
                violate--
                          (i) any offense under chapter 37 
                        (relating to espionage), chapter 105 
                        (relating to sabotage), or chapter 115 
                        (relating to treason and sedition) of 
                        title 18, United States Code, for which 
                        a term of imprisonment of five or more 
                        years may be imposed;
                          (ii) any offense under section 871 or 
                        960 of title 18, United States Code;
                          (iii) a violation of any provision of 
                        the Military Selective Service Act (50 
                        U.S.C. App. 451 et seq.) or the Trading 
                        With the Enemy Act (50 U.S.C. App. 1 et 
                        seq.); or
                          (iv) a violation of section 215 or 
                        278 of this Act,

                is deportable.
          (3) Failure to register and falsification of 
        documents.--
                  (A) Change of address.--An alien who has 
                failed to comply with the provisions of section 
                265 is deportable, unless the alien establishes 
                to the satisfaction of the Attorney General 
                that such failure was reasonably excusable or 
                was not willful.
                  (B) Failure to register or falsification of 
                documents.--Any alien who at any time has been 
                convicted--
                          (i) under section 266(c) of this Act 
                        or under section 36(c) of the Alien 
                        Registration Act, 1940,
                          (ii) of a violation of, or an attempt 
                        or a conspiracy to violate, any 
                        provision of the Foreign Agents 
                        Registration Act of 1938 (22 U.S.C. 611 
                        et seq.), or
                          (iii) of a violation of, or an 
                        attempt or a conspiracy to violate, 
                        section 1546 of title 18, United States 
                        Code (relating to fraud and misuse of 
                        visas, permits, and other entry 
                        documents),

                is deportable.
                  [(C) Document fraud.--Any alien who is the 
                subject of a final order for violation of 
                section 274C is deportable.]
                  (C) Document fraud.--
                          (i) In general.--An alien who is the 
                        subject of a final order for violation 
                        of section 274C is deportable.
                          (ii) Waiver authorized.--The Attorney 
                        General may waive clause (i) in the 
                        case of an alien lawfully admitted for 
                        permanent residence if the alien's 
                        civil money penalty under section 274C 
                        was incurred solely to assist, aid, or 
                        support the alien's spouse, parent, 
                        son, or daughter (and no other 
                        individual).
          (4) Security and related grounds.--
                  (A) In general.--Any alien who has engaged, 
                is engaged, or at any time after [entry] 
                admission engages in--
                          (i) any activity to violate any law 
                        of the United States relating to 
                        espionage or sabotage or to violate or 
                        evade any law prohibiting the export 
                        from the United States of goods, 
                        technology, or sensitive information,
                          (ii) any other criminal activity 
                        which endangers public safety or 
                        national security, or
                          (iii) any activity a purpose of which 
                        is the opposition to, or the control or 
                        overthrow of, the Government of the 
                        United States by force, violence, or 
                        other unlawful means,

                is deportable.
                  (B) Terrorist activities.--Any alien who has 
                engaged, is engaged, or at any time after 
                [entry] admission engages in any terrorist 
                activity (as defined in section 
                212(a)(3)(B)(iii)) is deportable.
                  (C) Foreign policy.--
                          (i) In general.--An alien whose 
                        presence or activities in the United 
                        States the Secretary of State has 
                        reasonable ground to believe would have 
                        potentially serious adverse foreign 
                        policy consequences for the United 
                        States is deportable.
                          (ii) Exceptions.--The exceptions 
                        described in clauses (ii) and (iii) of 
                        section 212(a)(3)(C) shall apply to 
                        deportability under clause (i) in the 
                        same manner as they apply to 
                        [excludability] inadmissibility under 
                        section 212(a)(3)(C)(i).
                  (D) Assisted in nazi persecution or engaged 
                in genocide.--Any alien described in clause (i) 
                or (ii) of section 212(a)(3)(E) is deportable.
          [(5) Public charge.--Any alien who, within five years 
        after the date of entry, has become a public charge 
        from causes not affirmatively shown to have arisen 
        since entry is deportable.]
          (5) Public charge.--
                  (A) In general.--Any alien who, within 7 
                years after the date of entry or admission, 
                becomes a public charge is deportable.
                  (B) Exceptions.--(i) Subparagraph (A) shall 
                not apply if the alien establishes that the 
                alien has become a public charge from causes 
                that arose after entry or admission. A 
                condition that the alien knew (or had reason to 
                know) existed at the time of entry or admission 
                shall be deemed to be a cause that arose before 
                entry or admission.
                  (ii) The Attorney General, in the discretion 
                of the Attorney General, may waive the 
                application of subparagraph (A) in the case of 
                an alien who is admitted as a refugee under 
                section 207 or granted asylum under section 
                208.
                  (C) Individuals treated as public charge.--
                          (i) In general.--For purposes of this 
                        title, an alien is deemed to be a 
                        ``public charge'' if the alien receives 
                        benefits (other than benefits described 
                        in subparagraph (E)) under one or more 
                        of the public assistance programs 
                        described in subparagraph (D) for an 
                        aggregate period, except as provided in 
                        clauses (ii) and (iii), of at least 12 
                        months within 7 years after the date of 
                        entry. The previous sentence shall not 
                        be construed as excluding any other 
                        bases for considering an alien to be a 
                        public charge, including bases in 
                        effect on the day before the date of 
                        the enactment of the Immigration in the 
                        National Interest Act of 1995. The 
                        Attorney General, in consultation with 
                        the Secretary of Health and Human 
                        Services, shall establish rules 
                        regarding the counting of health 
                        benefits described in subparagraph 
                        (D)(iv) for purposes of this 
                        subparagraph.
                          (ii) Determination with respect to 
                        battered women and children.--For 
                        purposes of a determination under 
                        clause (i) and except as provided in 
                        clause (iii), the aggregate period 
                        shall be 48 months within 7 years after 
                        the date of entry if the alien can 
                        demonstrate that (I) the alien has been 
                        battered or subject to extreme cruelty 
                        in the United States by a spouse or 
                        parent, or by a member of the spouse or 
                        parent's family residing in the same 
                        household as the alien and the spouse 
                        or parent consented or acquiesced to 
                        such battery or cruelty, or (II) the 
                        alien's child has been battered or 
                        subject to extreme cruelty in the 
                        United States by a spouse or parent of 
                        the alien (without the active 
                        participation of the alien in the 
                        battery or extreme cruelty), or by a 
                        member of the spouse or parent's family 
                        residing in the same household as the 
                        alien when the spouse or parent 
                        consented or acquiesced to and the 
                        alien did not actively participate in 
                        such battery or cruelty, and the need 
                        for the public benefits received has a 
                        substantial connection to the battery 
                        or cruelty described in subclause (I) 
                        or (II).
                          (iii) Special rule for ongoing 
                        battery or cruelty.--For purposes of a 
                        determination under clause (i), the 
                        aggregate period may exceed 48 months 
                        within 7 years after the date of entry 
                        if the alien can demonstrate that any 
                        battery or cruelty under clause (ii) is 
                        ongoing, has led to the issuance of an 
                        order of a judge or an administrative 
                        law judge or a prior determination of 
                        the Service, and that the need for the 
                        benefits received has a substantial 
                        connection to such battery or cruelty.
                  (D) Public assistance programs.--For purposes 
                of subparagraph (B), the public assistance 
                programs described in this subparagraph are the 
                following (and include any successor to such a 
                program as identified by the Attorney General 
                in consultation with other appropriate 
                officials):
                          (i) SSI.--The supplemental security 
                        income program under title XVI of the 
                        Social Security Act, including State 
                        supplementary benefits programs 
                        referred to in such title.
                          (ii) AFDC.--The program of aid to 
                        families with dependent children under 
                        part A or E of title IV of the Social 
                        Security Act.
                          (iii) Medicaid.--The program of 
                        medical assistance under title XIX of 
                        the Social Security Act.
                          (iv) Food stamps.--The program under 
                        the Food Stamp Act of 1977.
                          (v) State general cash assistance.--A 
                        program of general cash assistance of 
                        any State or political subdivision of a 
                        State.
                          (vi) Housing assistance.--Financial 
                        assistance as defined in section 214(b) 
                        of the Housing and Community 
                        Development Act of 1980.
                  (E) Certain assistance excepted.--For 
                purposes of subparagraph (B), an alien shall 
                not be considered to be a public charge on the 
                basis of receipt of any of the following 
                benefits:
                          (i) Emergency medical services.--The 
                        provision of emergency medical services 
                        (as defined by the Attorney General in 
                        consultation with the Secretary of 
                        Health and Human Services).
                          (ii) Public health immunizations.--
                        Public health assistance for 
                        immunizations with respect to 
                        immunizable diseases and for testing 
                        and treatment for communicable 
                        diseases.
                          (iii) Short-term emergency relief.--
                        The provision of non-cash, in-kind, 
                        short-term emergency relief.
          * * * * * * *
  (c) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of 
subsection (a) (other than so much of paragraph (1) as relates 
to a ground of [exclusion] inadmissibility described in 
paragraph (2) or (3) of section 212(a)) shall not apply to a 
special immigrant described in section 101(a)(27)(J) based upon 
circumstances that existed before the date the alien was 
provided such special immigrant status.

[immediate deportation of aliens excluded from admission or entering in 
                            violation of law

  [Sec. 237. (a)(1) Any alien (other than an alien crewman) 
arriving in the United States who is excluded under this Act, 
shall be immediately deported, in accommodations of the same 
class in which he arrived, unless the Attorney General, in an 
individual case, in his discretion, concludes that immediate 
deportation is not practicable or proper. Deportation shall be 
to the country in which the alien boarded the vessel or 
aircraft on which he arrived in the United States, unless the 
alien boarded such vessel or aircraft in foreign territory 
contiguous to the United States or in any island adjacent 
thereto or adjacent to the United States and the alien is not a 
native, citizen, subject, or national of, or does not have a 
residence in, such foreign contiguous territory or adjacent 
island, in which case the deportation shall instead be to the 
country in which is located the port at which the alien 
embarked for such foreign contiguous territory or adjacent 
island. The cost of the maintenance including detention 
expenses and expenses incident to detention of any such alien 
while he is being detained, shall be borne by the owner or 
owners of the vessel or aircraft on which he arrived, except 
that the cost of maintenance (including detention expenses and 
expenses incident to detention while the alien is being 
detained prior to the time he is offered for deportation to the 
transportation line which brought him to the United States) 
shall not be assessed against the owner or owners of such 
vessel or aircraft if (A) the alien was in possession of a 
valid, unexpired immigrant visa, or (B) the alien (other than 
an alien crewman) was in possession of a valid, unexpired 
nonimmigrant visa or other document authorizing such alien to 
apply for temporary admission to the United States or an 
unexpired reentry permit issued to him, and (i) such 
application was made within one hundred and twenty days of the 
date of issuance of the visa or other document, or in the case 
of an alien in possession of a reentry permit, within one 
hundred and twenty days of the date on which the alien was last 
examined and admitted by the Service, or (ii) in the event the 
application was made later than one hundred and twenty days of 
the date of issuance of the visa or other document or such 
examination and admission, if the owner or owners of such 
vessel or aircraft established to the satisfaction of the 
Attorney General that the ground of exclusion could not have 
been ascertained by the exercise of due diligence prior to the 
alien's embarkation, or (C) the person claimed United States 
nationality or citizenship and was in possession of an 
unexpired United States passport issued to him by competent 
authority.
  [(2) If the government of the country designated in paragraph 
(1) will not accept the alien into its territory, the alien's 
deportation shall be directed by the Attorney General, in his 
discretion and without necessarily giving any priority or 
preference because of their order as herein set forth, either 
to--
          [(A) the country of which the alien is a subject, 
        citizen, or national;
          [(B) the country in which he was born;
          [(C) the country in which he has a residence; or
          [(D) any country which is willing to accept the alien 
        into its territory, if deportation to any of the 
        foregoing countries is impracticable, inadvisable, or 
        impossible.
  [(b) It shall be unlawful for any master, commanding officer, 
purser, person in charge, agent, owner, or consignee of any 
vessel or aircraft (1) to refuse to receive any alien (other 
than an alien crewman), ordered deported under this section 
back on board such vessel or aircraft or another vessel or 
aircraft owned or operated by the same interests; (2) to fail 
to detain any alien (other than an alien crewman) on board any 
such vessel or at the airport of arrival of the aircraft when 
required by this Act or if so ordered by an immigration 
officer, or to fail or refuse to deliver him for medical or 
other inspection, or for further medical or other inspection, 
as and when so ordered by such officer; (3) to refuse or fail 
to remove him from the United States to the country to which 
his deportation has been directed; (4) to fail to pay the cost 
of his maintenance while being detained as required by this 
section; (5) to take any fee, deposit, or consideration on a 
contingent basis to be kept or returned in case the alien is 
landed or excluded; or (6) knowingly to bring to the United 
States any alien (other than an alien crewman) excluded or 
arrested and deported under any provision of law until such 
alien may be lawfully entitled to reapply for admission to the 
United States. If it shall appear to the satisfaction of the 
Attorney General that any such master, commanding officer, 
purser, person in charge, agent, owner, or consignee of any 
vessel or aircraft has violated any of the provisions of this 
section, such master, commanding officer, purser, person in 
charge, agent, owner, or consignee shall pay to the 
Commissioner the sum of $2,000 for each violation. No such 
vessel or aircraft shall have clearance from any port of the 
United States while any such fine is unpaid or while the 
question of liability to pay any such fine is being determined, 
nor shall any such fine be remitted or refunded, except that 
clearance may be granted prior to the determination of such 
question upon the deposit with the Commissioner of a bond or 
undertaking approved by the Attorney General or a sum 
sufficient to cover such fine.
  [(c) An alien shall be deported on a vessel or aircraft owned 
by the same person who owns the vessel or aircraft on which the 
alien arrived in the United States, unless it is impracticable 
to so deport the alien within a reasonable time. The 
transportation expense of the alien's deportation shall be 
borne by the owner or owners of the vessel or aircraft on which 
the alien arrived. If the deportation is effected on a vessel 
or aircraft not owned by such owner or owners, the 
transportation expense of the alien's deportation may be paid 
from the appropriation for the enforcement of this Act and 
recovered by civil suit from any owner, agent, or consignee of 
the vessel or aircraft on which the alien arrived.
  [(d) The Attorney General, under such conditions as are by 
regulations prescribed, may stay the deportation of any alien 
deportable under this section, if in his judgment the testimony 
of such alien is necessary on behalf of the United States in 
the prosecution of offenders against any provision of this Act 
or other laws of the United States. The cost of maintenance of 
any person so detained resulting from a stay of deportation 
under this subsection and a witness fee in the sum of $1 per 
day for each day such person is so detained may be paid from 
the appropriation for the enforcement of this title. Such alien 
may be released under bond in the penalty of not less than $500 
with security approved by the Attorney General on condition 
that such alien shall be produced when required as a witness 
and for deportation, and on such other conditions as the 
Attorney General may prescribe.
  [(e) Upon the certificate of an examining medical officer to 
the effect that an alien ordered to be excluded and deported 
under this section is helpless from sickness or mental and 
physical disability, or infancy, if such alien is accompanied 
by another alien whose protection or guardianship is required 
by the alien ordered excluded and deported, such accompanying 
alien may also be excluded and deported, and the master, 
commanding officer, agent, owner, or consignee of the vessel or 
aircraft in which such alien and accompanying alien arrived in 
the United States shall be required to return the accompanying 
alien in the same manner as other aliens denied admission and 
ordered deported under this section.]

   expedited [deportation] removal of aliens convicted of committing 
                          aggravated felonies

  Sec. [242A.] 238. (a) [Deportation] Removal of Criminal 
Aliens.--
          (1) in general.--The Attorney General shall provide 
        for the availability of special [deportation] removal 
        proceedings at certain Federal, State, and local 
        correctional facilities for aliens convicted of 
        aggravated felonies (as defined in section 101(a)(43)). 
        Such proceedings shall be conducted in conformity with 
        section [242] 240 (except as otherwise provided in this 
        section), and in a manner which eliminates the need for 
        additional detention at any processing center of the 
        Service and in a manner which assures expeditious 
        [deportation] removal, where warranted, following the 
        end of the alien's incarceration for the underlying 
        sentence. 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.
  (2) Implementation.--With respect to an alien convicted of an 
aggravated felony who is taken into custody by the Attorney 
General pursuant to section [242(a)(2)] 236(c), the Attorney 
General shall, to the maximum extent practicable, detain any 
such felon at a facility at which other such aliens are 
detained. In the selection of such facility, the Attorney 
General shall make reasonable efforts to ensure that the 
alien's access to counsel and right to counsel under section 
292 are not impaired.
  (3) expedited proceedings.--(A) Notwithstanding any other 
provision of law, the Attorney General shall provide for the 
initiation and, to the extent possible, the completion of 
[deportation] removal proceedings, and any administrative 
appeals thereof, in the case of any alien convicted of an 
aggravated felony before the alien's release from incarceration 
for the underlying aggravated felony.
  (B) Nothing in this section shall be construed as requiring 
the Attorney General to effect the [deportation] removal of any 
alien sentenced to actual incarceration, before release from 
the penitentiary or correctional institution where such alien 
is confined.
  (4) review.--(A) The Attorney General shall review and 
evaluate [deportation] removal proceedings conducted under this 
section. Within 12 months after the effective date of this 
section, the Attorney General shall submit a report to the 
Committees on the Judiciary of the House of Representatives and 
of the Senate concerning the effectiveness of such 
[deportation] removal proceedings in facilitating the 
[deportation] removal of aliens convicted of aggravated 
felonies.
  (B) The Comptroller General shall monitor, review, and 
evaluate [deportation] removal proceedings conducted under this 
section.
  (b) [Deportation] Removal of Aliens Who Are Not Permanent 
Residents.--
          (1) The Attorney General may, in the case of an alien 
        described in paragraph (2), determine the deportability 
        of such alien under section [241(a)(2)(A)(iii)] 
        237(a)(2)(A)(iii) (relating to conviction of an 
        aggravated felony) and issue an order of [deportation] 
        removal pursuant to the procedures set forth in this 
        subsection or section [242(b)] 240.
          (2) An alien is described in this paragraph if the 
        alien--
                  (A) was not lawfully admitted for permanent 
                residence at the time at which proceedings 
                under this section commenced; and
                  (B) is not eligible for any relief from 
                [deportation] removal under this Act.
          (3) The Attorney General may not execute any order 
        described in paragraph (1) until 30 calendar days have 
        passed from the date that such order was issued, unless 
        waived by the alien, in order that the alien has an 
        opportunity to apply for judicial review under section 
        [106] 242.
          (4) Proceedings before the Attorney General under 
        this subsection shall be in accordance with such 
        regulations as the Attorney General shall prescribe. 
        The Attorney General shall provide that--
                  (A) the alien is given reasonable notice of 
                the charges and of the opportunity described in 
                subparagraph (C);
                  (B) the alien shall have the privilege of 
                being represented (at no expense to the 
                government) by such counsel, authorized to 
                practice in such proccedings, as the alien 
                shall choose;
                  (C) the alien has a reasonable opportunity to 
                inspect the evidence and rebut the charges;
                  (D) a record is maintained for judicial 
                review; and
                  (E) the final order of [deportation] removal 
                is not adjudicated by the same person who 
                issues the charges.
  [(d)] (c) Judicial [Deportation] Removal.--
          (1) Authority.--Notwithstanding any other provision 
        of this Act, a United States district court shall have 
        jurisdiction to enter a judicial order of [deportation] 
        removal at the time of sentencing against an alien 
        whose criminal conviction causes such alien to be 
        deportable under section 241(a)(2)(A), if such an order 
        has been requested by the United States Attorney with 
        the concurrence of the Commissioner and if the court 
        chooses to exercise such jurisdiction.
          (2) Procedure.--
                  (A) The United States Attorney shall file 
                with the United States district court, and 
                serve upon the defendant and the Service, prior 
                to commencement of the trial or entry of a 
                guilty plea a notice of intent to request 
                judicial [deportation] removal.
                  (B) Notwithstanding section 242B, the United 
                States Attorney, with the concurrence of the 
                Commissioner, shall file at least 30 days prior 
                to the date set for sentencing a charge 
                containing factual allegations regarding the 
                alienage of the defendant and identifying the 
                crime or crimes which make the defendant 
                deportable under section 241(a)(2)(A).
                  (C) If the court determines that the 
                defendant has presented substantial evidence to 
                establish prima facie eligibility for relief 
                from [deportation] removal under this Act, the 
                Commissioner shall provide the court with a 
                recommendation and report regarding the alien's 
                eligibility for relief. The court shall either 
                grant or deny the relief sought.
                  (D)(i) The alien shall have a reasonable 
                opportunity to examine the evidence against him 
                or her, to present evidence on his or her own 
                behalf, and to cross-examine witnesses 
                presented by the Government.
                  (ii) The court, for the purposes of 
                determining whether to enter an order described 
                in paragraph (1), shall only consider evidence 
                that would be admissible in proceedings 
                conducted pursuant to section [242(b)] 240.
                  (iii) Nothing in this subsection shall limit 
                the information a court of the United States 
                may receive or consider for the purposes of 
                imposing an appropriate sentence.
                  (iv) The court may order the alien [deported] 
                removed if the Attorney General demonstrates 
                that the alien is deportable under this Act.
          (3) Notice, appeal, and execution of judicial order 
        of [deportation] removal.--
                  (A)(i) A judicial order of [deportation] 
                removal or denial of such order may be appealed 
                by either party to the court of appeals for the 
                circuit in which the district court is located.
                  (ii) Except as provided in clause (iii), such 
                appeal shall be considered consistent with the 
                requirements described in section [106] 242.
                  (iii) Upon execution by the defendant of a 
                valid waiver of the right to appeal the 
                conviction on which the order of [deportation] 
                removal is based, the expiration of the period 
                described in section [106(a)(1)] 242(b)(1), or 
                the final dismissal of an appeal from such 
                conviction, the order of [deportation] removal 
                shall become final and shall be executed at the 
                end of the prison term in accordance with the 
                terms of the order. If the conviction is 
                reversed on direct appeal, the order entered 
                pursuant to this section shall be void.
                  (B) As soon as is practicable after entry of 
                a judicial order of [deportation] removal, the 
                Commissioner shall provide the defendant with 
                written notice of the order of [deportation] 
                removal, which shall designate the defendant's 
                country of choice for [deportation] removal and 
                any alternate country pursuant to section 
                243(a).
          (4) Denial of judicial order.--Denial without a 
        decision on the merits of a request for a judicial 
        order of [deportation] removal shall not preclude the 
        Attorney General from initiating [deportation] removal 
        proceedings pursuant to section [242] 240 upon the same 
        ground of deportability or upon any other ground of 
        deportability provided under section 241(a).


                   initiation of removal proceedings


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


                          removal proceedings


  Sec. 240. (a) Proceeding.--
          (1) In general.--An immigration judge shall conduct 
        proceedings for deciding the inadmissibility or 
        deportability of an alien.
          (2) Charges.--An alien placed in proceedings under 
        this section may be charged with any applicable ground 
        of inadmissibility under section 212(a) or any 
        applicable ground of deportability under section 
        237(a).
          (3) Exclusive procedures.--Unless otherwise specified 
        in this Act, a proceeding under this section shall be 
        the sole and exclusive procedure for determining 
        whether an alien may be admitted to the United States 
        or, if the alien has been so admitted, removed from the 
        United States. Nothing in this section shall affect 
        proceedings conducted pursuant to section 238.
  (b) Conduct of Proceeding.--
          (1) Authority of immigration judge.--The immigration 
        judge shall administer oaths, receive evidence, and 
        interrogate, examine, and cross-examine the alien and 
        any witnesses. The immigration judge may issue 
        subpoenas for the attendance of witnesses and 
        presentation of evidence. The immigration judge shall 
        have authority (under regulations prescribed by the 
        Attorney General) to sanction by civil money penalty 
        any action (or inaction) in contempt of the judge's 
        proper exercise of authority under this Act.
          (2) Form of proceeding.--
                  (A) In general.--The proceeding may take 
                place--
                          (i) in person,
                          (ii) through video conference, or
                          (iii) subject to subparagraph (B), 
                        through telephone conference.
                  (B) Consent required in certain cases.--An 
                evidentiary hearing on the merits may only be 
                conducted through a telephone conference with 
                the consent of the alien involved after the 
                alien has been advised of the right to proceed 
                in person or through video conference.
          (3) Presence of alien.--If it is impracticable by 
        reason of an alien's mental incompetency for the alien 
        to be present at the proceeding, the Attorney General 
        shall prescribe safeguards to protect the rights and 
        privileges of the alien.
          (4) Aliens rights in proceeding.--In proceedings 
        under this section, under regulations of the Attorney 
        General--
                  (A) the alien shall have the privilege of 
                being represented, at no expense to the 
                Government, by counsel of the alien's choosing 
                who is authorized to practice in such 
                proceedings,
                  (B) the alien shall have a reasonable 
                opportunity to examine the evidence against the 
                alien, to present evidence on the alien's own 
                behalf, and to cross-examine witnesses 
                presented by the Government, and
                  (C) a complete record shall be kept of all 
                testimony and evidence produced at the 
                proceeding.
          (5) Consequences of failure to appear.--
                  (A) In general.--Any alien who, after written 
                notice required under paragraph (1) or (2) of 
                section 239(a) has been provided to the alien 
                or the alien's counsel of record, does not 
                attend a proceeding under this section, shall 
                be ordered removed in absentia if the Service 
                establishes by clear, unequivocal, and 
                convincing evidence that the written notice was 
                so provided and that the alien is removable (as 
                defined in subsection (e)(2)). The written 
                notice by the Attorney General shall be 
                considered sufficient for purposes of this 
                subparagraph if provided at the most recent 
                address provided under section 239(a)(1)(F).
                  (B) No notice if failure to provide address 
                information.--No written notice shall be 
                required under subparagraph (A) if the alien 
                has failed to provide the address required 
                under section 239(a)(1)(F).
                  (C) Rescission of order.--Such an order may 
                be rescinded only--
                          (i) upon a motion to reopen filed 
                        within 180 days after the date of the 
                        order of removal if the alien 
                        demonstrates that the failure to appear 
                        was because of exceptional 
                        circumstances (as defined in subsection 
                        (e)(1)), or
                          (ii) upon a motion to reopen filed at 
                        any time if the alien demonstrates that 
                        the alien did not receive notice in 
                        accordance with paragraph (1) or (2) of 
                        section 239(a) or the alien 
                        demonstrates that the alien was in 
                        Federal or State custody and did not 
                        appear through no fault of the alien.
                The filing of the motion to reopen described in 
                clause (i) or (ii) shall stay the removal of 
                the alien pending disposition of the motion.
                  (D) Effect on judicial review.--Any petition 
                for review under section 242 of an order 
                entered in absentia under this paragraph shall 
                (except in cases described in section 
                242(b)(5)) be confined to (i) the validity of 
                the notice provided to the alien, (ii) the 
                reasons for the alien's not attending the 
                proceeding, and (iii) whether or not the alien 
                is removable.
          (6) Treatment of frivolous behavior.--The Attorney 
        General shall, by regulation--
                  (A) define in a proceeding before an 
                immigration judge or before an appellate 
                administrative body under this title, frivolous 
                behavior for which attorneys may be sanctioned,
                  (B) specify the circumstances under which an 
                administrative appeal of a decision or ruling 
                will be considered frivolous and will be 
                summarily dismissed, and
                  (C) impose appropriate sanctions (which may 
                include suspension and disbarment) in the case 
                of frivolous behavior.
        Nothing in this paragraph shall be construed as 
        limiting the authority of the Attorney General to take 
        actions with respect to inappropriate behavior.
          (7) Limitation on discretionary relief for failure to 
        appear.--Any alien against whom a final order of 
        removal is entered in absentia under this subsection 
        and who, at the time of the notice described in 
        paragraph (1) or (2) of section 239(a), was provided 
        oral notice, either in the alien's native language or 
        in another language the alien understands, of the time 
        and place of the proceedings and of the consequences 
        under this paragraph of failing, other than because of 
        exceptional circumstances (as defined in subsection 
        (e)(1)) to attend a proceeding under this section, 
        shall not be eligible for relief under section 240A, 
        240B, 245, 248, or 249 for a period of 10 years after 
        the date of the entry of the final order of removal.
  (c) Decision and Burden of Proof.--
          (1) Decision.--
                  (A) In general.--At the conclusion of the 
                proceeding the immigration judge shall decide 
                whether an alien is removable from the United 
                States. The determination of the immigration 
                judge shall be based only on the evidence 
                produced at the hearing.
                  (B) Certain medical decisions.--If a medical 
                officer or civil surgeon or board of medical 
                officers has certified under section 232(b) 
                that an alien has a disease, illness, or 
                addiction which would make the alien 
                inadmissible under paragraph (1) of section 
                212(a), the decision of the immigration judge 
                shall be based solely upon such certification.
          (2) Burden on alien.--In the proceeding the alien has 
        the burden of establishing--
                  (A) if the alien is an applicant for 
                admission, that the alien is clearly and beyond 
                doubt entitled to be admitted and is not 
                inadmissible under section 212; or
                  (B) by clear and convincing evidence, that 
                the alien is lawfully present in the United 
                States pursuant to a prior admission.
        In meeting the burden of proof under subparagraph (B), 
        the alien shall have access to the alien's visa or 
        other entry document, if any, and any other records and 
        documents, not considered by the Attorney General to be 
        confidential, pertaining to the alien's admission or 
        presence in the United States.
          (3) Burden on service in cases of deportable 
        aliens.--In the proceeding the Service has the burden 
        of establishing by clear and convincing evidence that, 
        in the case of an alien who has been admitted to the 
        United States, the alien is deportable. No decision on 
        deportability shall be valid unless it is based upon 
        reasonable, substantial, and probative evidence.
          (4) Notice.--If the immigration judge decides that 
        the alien is removable and orders the alien to be 
        removed, the judge shall inform the alien of the right 
        to appeal that decision and of the consequences for 
        failure to depart under the order of removal, including 
        civil and criminal penalties.
          (5) Motions to reconsider.--
                  (A) In general.--The alien may file one 
                motion to reconsider a decision that the alien 
                is removable from the United States.
                  (B) Deadline.--The motion must be filed 
                within 30 days of the date of entry of a final 
                administrative order of removal.
                  (C) Contents.--The motion shall specify the 
                errors of law or fact in the previous order and 
                shall be supported by pertinent authority.
          (6) Motions to reopen.--
                  (A) In general.--An alien may file one motion 
                to reopen proceedings under this section.
                  (B) Contents.--The motion to reopen shall 
                state the new facts that will be proven at a 
                hearing to be held if the motion is granted, 
                and shall be supported by affidavits or other 
                evidentiary material.
                  (C) Deadline.--
                          (i) In general.--Except as provided 
                        in this subparagraph, the motion to 
                        reopen shall be filed within 90 days of 
                        the date of entry of a final 
                        administrative order of removal.
                          (ii) Asylum.--There is no time limit 
                        on the filing of a motion to reopen if 
                        the basis of the motion is to apply for 
                        relief under sections 208 or 241(b)(3) 
                        and is based on changed country 
                        conditions arising in the country of 
                        nationality or the country to which 
                        removal has been ordered, if such 
                        evidence is material and was not 
                        available and would not have been 
                        discovered or presented at the previous 
                        proceeding.
                          (iii) Failure to appear.--A motion to 
                        reopen may be filed within 180 days 
                        after the date of the final order of 
                        removal if the order has been entered 
                        pursuant to subsection (b)(5) due to 
                        the alien's failure to appear for 
                        proceedings under this section and the 
                        alien establishes that the alien's 
                        failure to appear was because of 
                        exceptional circumstances beyond the 
                        control of the alien or because the 
                        alien did not receive the notice 
                        required under section 239(a)(2).
  (d) Stipulated Removal.--The Attorney General shall provide 
by regulation for the entry by an immigration judge of an order 
of removal stipulated to by the alien (or the alien's 
representative) and the Service. A stipulated order shall 
constitute a conclusive determination of the alien's 
removability from the United States.
  (e) Definitions.--In this section and section 240A:
          (1) Exceptional circumstances.--The term 
        ``exceptional circumstances'' refers to exceptional 
        circumstances (such as serious illness of the alien or 
        serious illness or death of the spouse, child, or 
        parent of the alien, but not including less compelling 
        circumstances) beyond the control of the alien.
          (2) Removable.--The term ``removable'' means--
                  (A) in the case of an alien not admitted to 
                the United States, that the alien is 
                inadmissible under section 212, or
                  (B) in the case of an alien admitted to the 
                United States, that the alien is deportable 
                under section 237.


             cancellation of removal; adjustment of status


  Sec. 240A. (a) Cancellation of Removal for Certain Permanent 
Residents.--The Attorney General may cancel removal in the case 
of an alien who is inadmissible or deportable from the United 
States if the alien--
          (1) has been an alien lawfully admitted for permanent 
        residence for not less than 5 years,
          (2) has resided in the United States continuously for 
        7 years after having been admitted in any status, and
          (3) has not been convicted of an aggravated felony or 
        felonies for which the alien has been sentenced, in the 
        aggregate, to a term of imprisonment of at least 5 
        years.
  (b) Cancellation of Removal and Adjustment of Status for 
Certain Nonpermanent Residents.--
          (1) In general.--The Attorney General may cancel 
        removal in the case of an alien who is 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 
                7 years immediately preceding the date of such 
                application;
                  (B) has been a person of good moral character 
                during such period;
                  (C) has not been convicted of an aggravated 
                felony; and
                  (D) establishes that removal would result in 
                extreme hardship to the alien or to the alien's 
                spouse, parent, or child, who is a citizen of 
                the United States or an alien lawfully admitted 
                for permanent residence.
          (2) Special rule for battered spouse or child.--The 
        Attorney General may cancel removal in the case of an 
        alien who is inadmissible or deportable from the United 
        States if the alien--
                  (A) has been battered or subjected to extreme 
                cruelty in the United States by a spouse or 
                parent who is a United States citizen or lawful 
                permanent resident (or is the parent of a child 
                of a United States citizen or lawful permanent 
                resident and the child has been battered or 
                subjected to extreme cruelty in the United 
                States by such citizen or permanent resident 
                parent);
                  (B) has been physically present in the United 
                States for a continuous period of not less than 
                3 years immediately preceding the date of such 
                application;
                  (C) has been a person of good moral character 
                during such period;
                  (D) is not inadmissible under paragraph (2) 
                or (3) of section 212(a), is not deportable 
                under paragraph (1)(G) or (2) through (4) of 
                section 237(a), and has not been convicted of 
                an aggravated felony; and
                  (E) establishes that removal would result in 
                extreme hardship to the alien, the alien's 
                child, or (in the case of an alien who is a 
                child) to the alien's parent.
        In acting on applications under this paragraph, the 
        Attorney General shall consider any credible evidence 
        relevant to the application. The determination of what 
        evidence is credible and the weight to be given that 
        evidence shall be within the sole discretion of the 
        Attorney General.
          (3) Adjustment of status.--The Attorney General may 
        adjust to the status of an alien lawfully admitted for 
        permanent residence any alien who the Attorney General 
        determines meets the requirements of paragraph (1) or 
        (2). The number of adjustments under this paragraph 
        shall not exceed 4,000 for any fiscal year. The 
        Attorney General shall record the alien's lawful 
        admission for permanent residence as of the date the 
        Attorney General's cancellation of removal under 
        paragraph (1) or (2) or determination under this 
        paragraph.
  (c) Aliens Ineligible for Relief.--The provisions of 
subsections (a) and (b)(1) shall not apply to any of the 
following aliens:
          (1) An alien who entered the United States as a 
        crewman subsequent to June 30, 1964.
          (2) An alien who was admitted to the United States as 
        a nonimmigrant exchange alien as defined in section 
        101(a)(15)(J), or has acquired the status of such a 
        nonimmigrant exchange alien after admission, in order 
        to receive graduate medical education or training, 
        regardless of whether or not the alien is subject to or 
        has fulfilled the two-year foreign residence 
        requirement of section 212(e).
          (3) An alien who--
                  (A) was admitted to the United States as a 
                nonimmigrant exchange alien as defined in 
                section 101(a)(15)(J) or has acquired the 
                status of such a nonimmigrant exchange alien 
                after admission other than to receive graduate 
                medical education or training,
                  (B) is subject to the two-year foreign 
                residence requirement of section 212(e), and
                  (C) has not fulfilled that requirement or 
                received a waiver thereof.
          (4) An alien who is inadmissible under section 
        212(a)(3) or deportable under subparagraph (B) or (D) 
        of section 237(a)(4).
  (d) Special Rules Relating to Continuous Residence or 
Physical Presence.--
          (1) Termination of continuous period.--For purposes 
        of this section, any period of continuous residence or 
        continuous physical presence in the United States shall 
        be deemed to end when the alien is served a notice to 
        appear under section 239(a).
          (2) Treatment of certain breaks in presence.--An 
        alien shall be considered to have failed to maintain 
        continuous physical presence in the United States under 
        subsections (b)(1) and (b)(2) if the alien has departed 
        from the United States for any periods in the aggregate 
        exceeding 180 days, unless the Attorney General finds 
        that return could not be accomplished within that time 
        period due to emergent reasons.
          (3) Continuity not required because of honorable 
        service in armed forces and presence upon entry into 
        service.--The requirements of continuous residence or 
        continuous physical presence in the United States under 
        subsections (a) and (b) shall not apply to an alien 
        who--
                  (A) has served for a minimum period of 24 
                months in an active-duty status in the Armed 
                Forces of the United States and, if separated 
                from such service, was separated under 
                honorable conditions, and
                  (B) at the time of the alien's enlistment or 
                induction was in the United States.


                          voluntary departure


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

                          records of admission

  Sec. [240.] 240C. (a) The Attorney General shall cause to be 
filed, as a record of admission of each immigrant, the 
immigrant visa required by section 221(e) to be surrendered at 
the port of entry by the arriving alien to an immigration 
officer.
  (b) The Attorney General shall cause to be filed such record 
of the [entry] admission into the United States of each 
immigrant admitted under section 211(b) and of each 
nonimmigrant as the Attorney General deems necessary for the 
enforcement of the immigration laws.


            detention and removal of aliens ordered removed


  Sec. 241. (a) Detention, Release, and Removal of Aliens 
Ordered Removed.--
          (1) Removal period.--
                  (A) In general.--Except as otherwise provided 
                in this section, when an alien is ordered 
                removed, the Attorney General shall remove the 
                alien from the United States within a period of 
                90 days (in this section referred to as the 
                ``removal period'').
                  (B) Beginning of period.--The removal period 
                begins on the latest of the following:
                          (i) The date the order of removal 
                        becomes administratively final.
                          (ii) If the removal order is 
                        judicially reviewed and such review 
                        serves to stay the removal of the 
                        alien, the date of the court's final 
                        order.
                          (iii) If the alien is detained or 
                        confined (except under an immigration 
                        process), the date the alien is 
                        released from detention or confinement.
                  (C) Suspension of period.--The removal period 
                shall be extended beyond a period of 90 days 
                and the alien may remain in detention during 
                such extended period if the alien willfully 
                fails or refuses to make timely application in 
                good faith for travel or other documents 
                necessary to the alien's departure or conspires 
                or acts to prevent the alien's removal subject 
                to an order of removal.
          (2) Detention and release by the attorney general.--
        During the removal period, the Attorney General shall 
        detain the alien. If there is insufficient detention 
        space to detain the alien, the Attorney General shall 
        make a specific finding to this effect and may release 
        the alien on a bond containing such conditions as the 
        Attorney General may prescribe.
          (3) Supervision after 90-day period.--If the alien 
        does not leave or is not removed within the removal 
        period, the alien, pending removal, shall be subject to 
        supervision under regulations prescribed by the 
        Attorney General. The regulations shall include 
        provisions requiring the alien--
                  (A) to appear before an immigration officer 
                periodically for identification;
                  (B) to submit, if necessary, to a medical and 
                psychiatric examination at the expense of the 
                United States Government;
                  (C) to give information under oath about the 
                alien's nationality, circumstances, habits, 
                associations, and activities, and other 
                information the Attorney General considers 
                appropriate; and
                  (D) to obey reasonable written restrictions 
                on the alien's conduct or activities that the 
                Attorney General prescribes for the alien.
          (4) Aliens imprisoned, arrested, or on parole, 
        supervised release, or probation.--Except as provided 
        in section 343(a) of the Public Health Service Act (42 
        U.S.C. 259(a)), the Attorney General may not remove an 
        alien who is sentenced to imprisonment until the alien 
        is released from imprisonment. Parole, supervised 
        release, probation, or possibility of arrest or further 
        imprisonment is not a reason to defer removal.
          (5) Reinstatement of removal orders against aliens 
        illegally reentering.--If the Attorney General finds 
        that an alien has reentered the United States illegally 
        after having been removed or having departed 
        voluntarily, under an order of removal, the prior order 
        of removal is reinstated from its original date and is 
        not subject to being reopened or reviewed, and the 
        alien shall be removed under the prior order at any 
        time after the reentry.
          (6) Inadmissible aliens.--An alien ordered removed 
        who is inadmissible under section 212 may be detained 
        beyond the removal period and, if released, shall be 
        subject to the terms of supervision in paragraph (3).
          (7) Employment authorization.--No alien ordered 
        removed shall be eligible to receive authorization to 
        be employed in the United States unless the Attorney 
        General makes a specific finding that--
                  (A) the alien cannot be removed due to the 
                refusal of all countries designated by the 
                alien or under this section to receive the 
                alien, or
                  (B) the removal of the alien is otherwise 
                impracticable or contrary to the public 
                interest.
  (b) Countries to Which Aliens May Be Removed.--
          (1) Aliens arriving at the united states.--Subject to 
        paragraph (3)--
                  (A) In general.--Except as provided by 
                subparagraphs (B) and (C), an alien who arrives 
                at the United States and with respect to whom 
                proceedings under section 240 were initiated at 
                the time of such alien's arrival shall be 
                removed to the country in which the alien 
                boarded the vessel or aircraft on which the 
                alien arrived in the United States.
                  (B) Travel from contiguous territory.--If the 
                alien boarded the vessel or aircraft on which 
                the alien arrived in the United States in a 
                foreign territory contiguous to the United 
                States, an island adjacent to the United 
                States, or an island adjacent to a foreign 
                territory contiguous to the United States, and 
                the alien is not a native, citizen, subject, or 
                national of, or does not reside in, the 
                territory or island, removal shall be to the 
                country in which the alien boarded the vessel 
                that transported the alien to the territory or 
                island.
                  (C) Alternative countries.--If the government 
                of the country designated in subparagraph (A) 
                or (B) is unwilling to accept the alien into 
                that country's territory, removal shall be to 
                any of the following countries, as directed by 
                the Attorney General:
                          (i) The country of which the alien is 
                        a citizen, subject, or national.
                          (ii) The country in which the alien 
                        was born.
                          (iii) The country in which the alien 
                        has a residence.
                          (iv) A country with a government that 
                        will accept the alien into the 
                        country's territory if removal to each 
                        country described in a previous clause 
                        of this subparagraph is impracticable, 
                        inadvisable, or impossible.
          (2) Other aliens.--Subject to paragraph (3)--
                  (A) Selection of country by alien.--Except as 
                otherwise provided in this paragraph--
                          (i) any alien not described in 
                        paragraph (1) who has been ordered 
                        removed may designate one country to 
                        which the alien wants to be removed, 
                        and
                          (ii) the Attorney General shall 
                        remove the alien to the country the 
                        alien so designates.
                  (B) Limitation on designation.--An alien may 
                designate under subparagraph (A)(i) a foreign 
                territory contiguous to the United States, an 
                adjacent island, or an island adjacent to a 
                foreign territory contiguous to the United 
                States as the place to which the alien is to be 
                removed only if the alien is a native, citizen, 
                subject, or national of, or has resided in, 
                that designated territory or island.
                  (C) Disregarding designation.--The Attorney 
                General may disregard a designation under 
                subparagraph (A)(i) if--
                          (i) the alien fails to designate a 
                        country promptly;
                          (ii) the government of the country 
                        does not inform the Attorney General 
                        finally, within 30 days after the date 
                        the Attorney General first inquires, 
                        whether the government will accept the 
                        alien into the country;
                          (iii) the government of the country 
                        is not willing to accept the alien into 
                        the country; or
                          (iv) the Attorney General decides 
                        that removing the alien to the country 
                        is prejudicial to the United States.
                  (D) Alternative country.--If an alien is not 
                removed to a country designated under 
                subparagraph (A)(i), the Attorney General shall 
                remove the alien to a country of which the 
                alien is a subject, national, or citizen unless 
                the government of the country--
                          (i) does not inform the Attorney 
                        General or the alien finally, within 30 
                        days after the date the Attorney 
                        General first inquires or within 
                        another period of time the Attorney 
                        General decides is reasonable, whether 
                        the government will accept the alien 
                        into the country; or
                          (ii) is not willing to accept the 
                        alien into the country.
                  (E) Additional removal countries.--If an 
                alien is not removed to a country under the 
                previous subparagraphs of this paragraph, the 
                Attorney General shall remove the alien to any 
                of the following countries:
                          (i) The country from which the alien 
                        was admitted to the United States.
                          (ii) The country in which is located 
                        the foreign port from which the alien 
                        left for the United States or for a 
                        foreign territory contiguous to the 
                        United States.
                          (iii) A country in which the alien 
                        resided before the alien entered the 
                        country from which the alien entered 
                        the United States.
                          (iv) The country in which the alien 
                        was born.
                          (v) The country that had sovereignty 
                        over the alien's birthplace when the 
                        alien was born.
                          (vi) The country in which the alien's 
                        birthplace is located when the alien is 
                        ordered removed.
                          (vii) If impracticable, inadvisable, 
                        or impossible to remove the alien to 
                        each country described in a previous 
                        clause of this subparagraph, another 
                        country whose government will accept 
                        the alien into that country.
                  (F) Removal country when united states is at 
                war.--When the United States is at war and the 
                Attorney General decides that it is 
                impracticable, inadvisable, inconvenient, or 
                impossible to remove an alien under this 
                subsection because of the war, the Attorney 
                General may remove the alien--
                          (i) to the country that is host to a 
                        government in exile of the country of 
                        which the alien is a citizen or subject 
                        if the government of the host country 
                        will permit the alien's entry; or
                          (ii) if the recognized government of 
                        the country of which the alien is a 
                        citizen or subject is not in exile, to 
                        a country, or a political or 
                        territorial subdivision of a country, 
                        that is very near the country of which 
                        the alien is a citizen or subject, or, 
                        with the consent of the government of 
                        the country of which the alien is a 
                        citizen or subject, to another country.
  (c) Removal of Aliens Arriving at Port of Entry.--
          (1) Vessels and aircraft.--An alien arriving at a 
        port of entry of the United States who is ordered 
        removed either without a hearing under section 
        235(a)(1) or 235(c) or pursuant to proceedings under 
        section 240 initiated at the time of such alien's 
        arrival shall be removed immediately on a vessel or 
        aircraft owned by the owner of the vessel or aircraft 
        on which the alien arrived in the United States, 
        unless--
                  (A) it is impracticable to remove the alien 
                on one of those vessels or aircraft within a 
                reasonable time, or
                  (B) the alien is a stowaway--
                          (i) who has been ordered removed in 
                        accordance with section 235(a)(1),
                          (ii) who has requested asylum, and
                          (iii) whose application has not been 
                        adjudicated or whose asylum application 
                        has been denied but who has not 
                        exhausted all appeal rights.
          (2) Stay of removal.--
                  (A) In general.--The Attorney General may 
                stay the removal of an alien under this 
                subsection if the Attorney General decides 
                that--
                          (i) immediate removal is not 
                        practicable or proper; or
                          (ii) the alien is needed to testify 
                        in the prosecution of a person for a 
                        violation of a law of the United States 
                        or of any State.
                  (B) Payment of detention costs.--During the 
                period an alien is detained because of a stay 
                of removal under subparagraph (A)(ii), the 
                Attorney General may pay from the appropriation 
                ``Immigration and Naturalization Service--
                Salaries and Expenses''--
                          (i) the cost of maintenance of the 
                        alien; and
                          (ii) a witness fee of $1 a day.
                  (C) Release during stay.--The Attorney 
                General may release an alien whose removal is 
                stayed under subparagraph (A)(ii) on--
                          (i) the alien's filing a bond of at 
                        least $500 with security approved by 
                        the Attorney General;
                          (ii) condition that the alien appear 
                        when required as a witness and for 
                        removal; and
                          (iii) other conditions the Attorney 
                        General may prescribe.
          (3) Costs of detention and maintenance pending 
        removal.--
                  (A) In general.--Except as provided in 
                subparagraph (B) and subsection (d), an owner 
                of a vessel or aircraft bringing an alien to 
                the United States shall pay the costs of 
                detaining and maintaining the alien--
                          (i) while the alien is detained under 
                        subsection (d)(1), and
                          (ii) in the case of an alien who is a 
                        stowaway, while the alien is being 
                        detained pursuant to--
                                  (I) subsection (d)(2)(A) or 
                                (d)(2)(B)(i),
                                  (II) subsection (d)(2)(B)(ii) 
                                or (iii) for the period of time 
                                reasonably necessary for the 
                                owner to arrange for 
                                repatriation or removal of the 
                                stowaway, including obtaining 
                                necessary travel documents, but 
                                not to extend beyond the date 
                                on which it is ascertained that 
                                such travel documents cannot be 
                                obtained from the country to 
                                which the stowaway is to be 
                                returned, or
                                  (III) section 
                                235(b)(1)(B)(ii), for a period 
                                not to exceed 15 days 
                                (excluding Saturdays, Sundays, 
                                and holidays) commencing on the 
                                first such day which begins on 
                                the earlier of 72 hours after 
                                the time of the initial 
                                presentation of the stowaway 
                                for inspection or at the time 
                                the stowaway is determined to 
                                have a credible fear of 
                                persecution.
                  (B) Nonapplication.--Subparagraph (A) shall 
                not apply if--
                          (i) the alien is a crewmember;
                          (ii) the alien has an immigrant visa;
                          (iii) the alien has a nonimmigrant 
                        visa or other documentation authorizing 
                        the alien to apply for temporary 
                        admission to the United States and 
                        applies for admission not later than 
                        120 days after the date the visa or 
                        documentation was issued;
                          (iv) the alien has a reentry permit 
                        and applies for admission not later 
                        than 120 days after the date of the 
                        alien's last inspection and admission;
                          (v)(I) the alien has a nonimmigrant 
                        visa or other documentation authorizing 
                        the alien to apply for temporary 
                        admission to the United States or a 
                        reentry permit;
                          (II) the alien applies for admission 
                        more than 120 days after the date the 
                        visa or documentation was issued or 
                        after the date of the last inspection 
                        and admission under the reentry permit; 
                        and
                          (III) the owner of the vessel or 
                        aircraft satisfies the Attorney General 
                        that the existence of the condition 
                        relating to inadmissibility could not 
                        have been discovered by exercising 
                        reasonable care before the alien 
                        boarded the vessel or aircraft; or
                          (vi) the individual claims to be a 
                        national of the United States and has a 
                        United States passport.
   (d) Requirements of Persons Providing Transportation.--
          (1) Removal at time of arrival.--An owner, agent, 
        master, commanding officer, person in charge, purser, 
        or consignee of a vessel or aircraft bringing an alien 
        (except an alien crewmember) to the United States 
        shall--
                  (A) receive an alien back on the vessel or 
                aircraft or another vessel or aircraft owned or 
                operated by the same interests if the alien is 
                ordered removed under this part; and
                  (B) take the alien to the foreign country to 
                which the alien is ordered removed.
          (2) Alien stowaways.--An owner, agent, master, 
        commanding officer, charterer, or consignee of a vessel 
        or aircraft arriving in the United States with an alien 
        stowaway--
                  (A) shall detain the alien on board the 
                vessel or aircraft, or at such place as the 
                Attorney General shall designate, until 
                completion of the inspection of the alien by an 
                immigration officer;
                  (B) may not permit the stowaway to land in 
                the United States, except pursuant to 
                regulations of the Attorney General 
                temporarily--
                          (i) for medical treatment,
                          (ii) for detention of the stowaway by 
                        the Attorney General, or
                          (iii) for departure or removal of the 
                        stowaway; and
                  (C) if ordered by an immigration officer, 
                shall remove the stowaway on the vessel or 
                aircraft or on another vessel or aircraft.
        The Attorney General shall grant a timely request to 
        remove the stowaway under subparagraph (C) on a vessel 
        or aircraft other than that on which the stowaway 
        arrived if any travel documents necessary for departure 
        or repatriation of the stowaway have been obtained and 
        removal of the stowaway will not be unreasonably 
        delayed.
          (3) Removal upon order.--An owner, agent, master, 
        commanding officer, person in charge, purser, or 
        consignee of a vessel, aircraft, or other 
        transportation line shall comply with an order of the 
        Attorney General to take on board, guard safely, and 
        transport to the destination specified any alien 
        ordered to be removed under this Act.
  (e) Payment of Expenses of Removal.--
          (1) Costs of removal at time of arrival.--In the case 
        of an alien who is a stowaway or who is ordered removed 
        either without a hearing under section 235(a)(1) or 
        235(c) or pursuant to proceedings under section 240 
        initiated at the time of such alien's arrival, the 
        owner of the vessel or aircraft (if any) on which the 
        alien arrived in the United States shall pay the 
        transportation cost of removing the alien. If removal 
        is on a vessel or aircraft not owned by the owner of 
        the vessel or aircraft on which the alien arrived in 
        the United States, the Attorney General may--
                  (A) pay the cost from the appropriation 
                ``Immigration and Naturalization Service--
                Salaries and Expenses''; and
                  (B) recover the amount of the cost in a civil 
                action from the owner, agent, or consignee of 
                the vessel or aircraft (if any) on which the 
                alien arrived in the United States.
          (2) Costs of removal to port of removal for aliens 
        admitted or permitted to land.--In the case of an alien 
        who has been admitted or permitted to land and is 
        ordered removed, the cost (if any) of removal of the 
        alien to the port of removal shall be at the expense of 
        the appropriation for the enforcement of this Act.
          (3) Costs of removal from port of removal for aliens 
        admitted or permitted to land.--
                  (A) Through appropriation.--Except as 
                provided in subparagraph (B), in the case of an 
                alien who has been admitted or permitted to 
                land and is ordered removed, the cost (if any) 
                of removal of the alien from the port of 
                removal shall be at the expense of the 
                appropriation for the enforcement of this Act.
                  (B) Through owner.--
                          (i) In general.--In the case of an 
                        alien described in clause (ii), the 
                        cost of removal of the alien from the 
                        port of removal may be charged to any 
                        owner of the vessel, aircraft, or other 
                        transportation line by which the alien 
                        came to the United States.
                          (ii) Aliens described.--An alien 
                        described in this clause is an alien 
                        who--
                                  (I) is admitted to the United 
                                States (other than lawfully 
                                admitted for permanent 
                                residence) and is ordered 
                                removed within 5 years of the 
                                date of admission based on a 
                                ground that existed before or 
                                at the time of admission, or
                                  (II) is an alien crewman 
                                permitted to land temporarily 
                                under section 252 and is 
                                ordered removed within 5 years 
                                of the date of landing.
                  (C) Costs of removal of certain aliens 
                granted voluntary departure.--In the case of an 
                alien who has been granted voluntary departure 
                under section 240B and who is financially 
                unable to depart at the alien's own expense and 
                whose removal the Attorney General deems to be 
                in the best interest of the United States, the 
                expense of such removal may be paid from the 
                appropriation for the enforcement of this Act.
  (f) Aliens Requiring Personal Care During Removal.--
          (1) In general.--If the Attorney General believes 
        that an alien being removed requires personal care 
        because of the alien's mental or physical condition, 
        the Attorney General may employ a suitable person for 
        that purpose who shall accompany and care for the alien 
        until the alien arrives at the final destination.
          (2) Costs.--The costs of providing the service 
        described in paragraph (1) shall be defrayed in the 
        same manner as the expense of removing the accompanied 
        alien is defrayed under this section.
  (g) Places of Detention.--
          (1) In general.--The Attorney General shall arrange 
        for appropriate places of detention for aliens detained 
        pending removal or a decision on removal. When United 
        States Government facilities are unavailable or 
        facilities adapted or suitably located for detention 
        are unavailable for rental, the Attorney General may 
        expend from the appropriation ``Immigration and 
        Naturalization Service--Salaries and Expenses'', 
        without regard to section 3709 of the Revised Statutes 
        (41 U.S.C. 5), amounts necessary to acquire land and to 
        acquire, build, remodel, repair, and operate facilities 
        (including living quarters for immigration officers if 
        not otherwise available) necessary for detention.
          (2) Detention facilities of the immigration and 
        naturalization service.--Prior to initiating any 
        project for the construction of any new detention 
        facility for the Service, the Commissioner shall 
        consider the availability for purchase or lease of any 
        existing prison, jail, detention center, or other 
        comparable facility suitable for such use.
  (h) Statutory Construction.--Nothing in this section shall be 
construed to create any substantive or procedural right or 
benefit that is legally enforceable by any party against the 
United States or its agencies or officers or any other person.
  [(j)] (i) Incarceration.--
          (1) If the chief executive officer of a State (or, if 
        appropriate, a political subdivision of the State) 
        exercising authority with respect to the incarceration 
        of an undocumented criminal alien submits a written 
        request to the Attorney General, the Attorney General 
        shall, as determined by the Attorney General--
                  (A) enter into a contractual arrangement 
                which provides for compensation to the State or 
                a political subdivision of the State, as may be 
                appropriate, with respect to the incarceration 
                of the undocumented criminal alien; or
                  (B) take the undocumented criminal alien into 
                the custody of the Federal Government and 
                incarcerate the alien.
          (2) Compensation under paragraph (1)(A) shall be the 
        average cost of incarceration of a prisoner in the 
        relevant State as determined by the Attorney General.
          (3) For purposes of this subsection, the term 
        ``undocumented criminal alien'' means an alien who--
                  (A) has been convicted of a [felony and 
                sentenced to a term of imprisonment] felony or 
                two or more misdemeanors; and
                  (B)(i) entered the United States without 
                inspection or at any time or place other than 
                as designated by the Attorney General;
                  (ii) was the subject of exclusion or 
                deportation proceedings at the time he or she 
                was taken into custody by the State or a 
                political subdivision of the State; or
                  (iii) was admitted as a nonimmigrant and at 
                the time he or she was taken into custody by 
                the State or a political subdivision of the 
                State has failed to maintain the nonimmigrant 
                status in which the alien was admitted or to 
                which it was changed under section 248, or to 
                comply with the conditions of any such status.
          (4)(A) In carrying out paragraph (1), the Attorney 
        General shall give priority to the Federal 
        incarceration of undocumented criminal aliens who have 
        committed aggravated felonies.
          (B) The Attorney General shall ensure that 
        undocumented criminal aliens incarcerated in Federal 
        facilities pursuant to this subsection are held in 
        facilities which provide a level of security 
        appropriate to the crimes for which they were 
        convicted.
          (5) There are authorized to be appropriated such sums 
        as may be necessary to carry out this subsection, of 
        which the following amounts may be appropriated from 
        the Violent Crime Reduction Trust Fund:
                  (A) $130,000,000 for fiscal year 1995;
                  (B) $300,000,000 for fiscal year 1996;
                  (C) $330,000,000 for fiscal year 1997;
                  (D) $350,000,000 for fiscal year 1998;
                  (E) $350,000,000 for fiscal year 1999; and
                  (F) $340,000,000 for fiscal year 2000.
          (6) In this subsection, the term ``incarceration'' 
        includes imprisonment in a State or local prison or 
        jail the time of which is counted towards completion of 
        a sentence or the detention of an alien previously 
        convicted of a felony or misdemeanor who has been 
        arrested and is being held pending judicial action on 
        new charges or pending transfer to Federal custody.

             [Chapter 5--Deportation; Adjustment of Status]

               Chapter 5--Adjustment and Change of Status

                [apprehension and deportation of aliens

  [Sec. 242. (a)(1) Pending a determination of deportability in 
the case of any alien as provided in subsection (b) of this 
section, such alien may, upon warrant of the Attorney General, 
be arrested and taken into custody. Except as provided in 
paragraph (2), any such alien taken into custody may, in the 
discretion of the Attorney General and pending such final 
determination of deportability, (A) be continued in custody; or 
(B) be released under bond in the amount of not less than $500 
with security approved by the Attorney General, containing such 
conditions as the Attorney General may prescribe; or (C) be 
released on conditional parole. But such bond or parole, 
whether heretofore or hereafter authorized, may be revoked at 
any time by the Attorney General, in his discretion, and the 
alien may be returned to custody under the warrant which 
initiated the proceedings against him and detained until final 
determination of his deportability. Any court of competent 
jurisdiction shall have authority to review or revise any 
determination of the Attorney General concerning detention, 
release on bond, or parole pending final decision of 
deportability upon a conclusive showing in habeas corpus 
proceedings that the Attorney General is not proceeding with 
such reasonable dispatch as may be warranted by the particular 
facts and circumstances in the case of any alien to determine 
deportability.
  [(2)(A) The Attorney General shall take into custody any 
alien convicted of an aggravated felony upon release of the 
alien (regardless of whether or not such release is on parole, 
supervised release, or probation, and regardless of the 
possibility of rearrest or further confinement in respect of 
the same offense). Notwithstanding paragraph (1) or subsections 
(c) and (d) but subject to subparagraph (B), the Attorney 
General shall not release such felon from custody.
  [(B) The Attorney General may not release from custody any 
lawfully admitted alien who has been convicted of an aggravated 
felony, either before or after a determination of 
deportability, unless the alien demonstrates to the 
satisfaction of the Attorney General that such alien is not a 
threat to the community and that the alien is likely to appear 
before any scheduled hearings.
  [(3)(A) The Attorney General shall devise and implement a 
system--
          [(i) 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;
          [(ii) to designate and train officers and employees 
        of the Service within each district 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
          [(iii) which uses computer resources to maintain a 
        current record of aliens who have been convicted of an 
        aggravated felony and who have been deported; such 
        record shall be made available to inspectors at ports 
        of entry and to border patrol agents at sector 
        headquarters for purposes of immediate identification 
        of any such previously deported alien seeking to 
        reenter the United States.
  [(B) The Attorney General shall submit reports to the 
Committees on the Judiciary of the House of Representatives and 
of the Senate at the end of the 6-month period and at the end 
of the 18-month period beginning on the effective date of this 
paragraph which describe in detail specific efforts made by the 
Attorney General to implement this paragraph.
  [(b) A special inquiry officer shall conduct proceedings 
under this section to determine the deportability of any alien, 
and shall administer oaths, present and receive evidence, 
interrogate, examine, and cross-examine the alien or witnesses, 
and as authorized by the Attorney General, shall make 
determinations, including orders of deportation. Determination 
of deportability in any case shall be made only upon a record 
made in a proceeding before a special inquiry officer, at which 
the alien shall have reasonable opportunity to be present, 
unless by reason of the alien's mental incompetency it is 
impracticable for him to be present, in which case the Attorney 
General shall prescribe necessary and proper safeguards for the 
rights and privileges of such alien. If any alien has been 
given a reasonable opportunity to be present at a proceeding 
under this section, and without reasonable cause fails or 
refuses to attend or remain in attendance at such proceeding, 
the special inquiry officer may proceed to a determination in 
like manner as if the alien were present. In any case or class 
of cases in which the Attorney General believes that such 
procedure would be of aid in making a determination, he may 
require specifically or by regulation that an additional 
immigration officer shall be assigned to present the evidence 
on behalf of the United States and in such case such additional 
immigration officer shall have authority to present evidence, 
and to interrogate, examine and cross-examine the alien or 
other witnesses in the proceedings. Nothing in the preceding 
sentence shall be construed to diminish the authority conferred 
upon the special inquiry officer conducting such proceedings. 
No special inquiry officer shall conduct a proceeding in any 
case under this section in which he shall have participated in 
investigative functions or in which he shall have participated 
(except as provided in this subsection) in prosecuting 
functions. Proceedings before a special inquiry officer acting 
under the provisions of this section shall be in accordance 
with such regulations, not inconsistent with this Act, as the 
Attorney General shall prescribe. Such regulations shall 
include requirements that are consistent with section 242B and 
that provide that--
          [(1) the alien shall be given notice, reasonable 
        under all the circumstances, of the nature of the 
        charges against him and of the time and place at which 
        the proceedings will be held,
          [(2) the alien shall have the privilege of being 
        represented (at no expense to the Government) by such 
        counsel, authorized to practice in such proceedings, as 
        he shall choose,
          [(3) the alien shall have a reasonable opportunity to 
        examine the evidence against him, to present evidence 
        on his own behalf, and to cross-examine witnesses 
        presented by the Government, and
          [(4) no decision of deportability shall be valid 
        unless it is based upon reasonable, substantial, and 
        probative evidence.
Except as provided in section 242A(d), the procedure so 
prescribed shall be the sole and exclusive procedure for 
determining the deportability of an alien under this section. 
In any case in which an alien is ordered deported from the 
United States under the provisions of this Act, or of any other 
law or treaty, the decision of the Attorney General shall be 
final. In the discretion of the Attorney General, and under 
such regulations as he may prescribe, deportation proceedings, 
including issuance of a warrant of arrest, and a finding of 
deportability under this section need not be required in the 
case of any alien who admits to belonging to a class of aliens 
who are deportable under section 241 if such alien voluntarily 
departs from the United States at his own expense, or is 
removed at Government expense as hereinafter authorized, unless 
the Attorney General has reason to believe that such alien is 
deportable under paragraph (2), (3), or (4) of section 241(a). 
If any alien who is authorized to depart voluntarily under the 
preceding sentence is financially unable to depart at his own 
expense and the Attorney General deems his removal 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.
  [(c) When a final order of deportation under administrative 
processes is made against any alien, the Attorney General shall 
have a period of six months from the date of such order, or, if 
judicial review is had, then from the date of the final order 
of the court, within which to effect the alien's departure from 
the United States, during which period, at the Attorney 
General's discretion, the alien may be detained, released on 
bond in an amount and containing such conditions as the 
Attorney General may prescribe, or released on such other 
conditions as the Attorney General may prescribe. Any court of 
competent jurisdiction shall have authority to review or revise 
any determination of the Attorney General concerning detention, 
release on bond, or other release during such six-month period 
upon a conclusive showing in habeas corpus proceedings that the 
Attorney General is not proceeding with such reasonable 
dispatch as may be warranted by the particular facts and 
circumstances in the case of any alien to effect such alien's 
departure from the United States within such six-month period. 
If deportation has not been practicable, advisable, or 
possible, or departure of the alien from the United States 
under the order of deportation has not been effected, within 
such six-month period, the alien shall become subject to such 
further supervision and detention pending eventual deportation 
as is authorized in this section. The Attorney General is 
hereby authorized and directed to arrange for appropriate 
places of detention for those aliens whom he shall take into 
custody and detain under this section. Where no Federal 
buildings are available or buildings adapted or suitably 
located for the purpose are available for rental, the Attorney 
General is hereby authorized, notwithstanding section 3709 of 
the Revised Statutes, as amended (41 U.S.C. 5), or section 322 
of the Act of June 30, 1932, as amended (40 U.S.C. 278a), to 
expend, from the appropriation provided for the administration 
and enforcement of the immigration laws, such amounts as may be 
necessary for the acquisition of land and the erection, 
acquisition, maintenance, operation, remodeling, or repair of 
buildings, sheds, and office quarters (including living 
quarters for officers where none are otherwise available), and 
adjunct facilities, necessary for the detention of aliens. For 
the purposes of this section an order of deportation heretofore 
or hereafter entered against an alien in legal detention or 
confinement, other than under an immigration process, shall be 
considered as being made as of the moment he is released from 
such detention or confinement, and not prior thereto.
  [(d) Any alien, against whom a final order of deportation as 
defined in subsection (c) heretofore or hereafter issued has 
been outstanding for more than six months, shall, pending 
eventual deportation, be subject to supervision under 
regulations prescribed by the Attorney General. Such 
regulations shall include provisions which will require any 
alien subject to supervision (1) to appear from time to time 
before an immigration officer for identification; (2) to 
submit, if necessary, to medical and psychiatric examination at 
the expense of the United States; (3) to give information under 
oath as to his nationality, circumstances, habits, 
associations, and activities, and such other information, 
whether or not related to the foregoing, as the Attorney 
General may deem fit and proper; and (4) to conform to such 
reasonable written restrictions on his conduct or activities as 
are prescribed by the Attorney General in his case. Any alien 
who shall willfully fail to comply with such regulations, or 
willfully fail to appear or to give information or submit to 
medical or psychiatric examination if required, or knowingly 
give false information in relation to the requirements of such 
regulations, or knowingly violate a reasonable restriction 
imposed upon his conduct or activity, shall be fined not more 
than $1,000 or imprisoned not more than one year, or both.
  [(e) Any alien against whom a final order of deportation is 
outstanding by reason of being a member of any of the classes 
described in section 241(a), who shall willfully fail or refuse 
to depart from the United States within a period of six months 
from the date of the final order of deportation under 
administrative processes, or, if judicial review is had, then 
from the date of the final order of the court, or shall 
willfully fail or refuse to make timely application in good 
faith for travel or other documents necessary to his departure, 
or who shall connive or conspire, or take any other action, 
designed to prevent or hamper or with the purpose of preventing 
or hampering his departure pursuant to such order of 
deportation, or who shall willfully fail or refuse to present 
himself for deportation at the time and place required by the 
Attorney General pursuant to such order of deportation, shall 
upon conviction be guilty of a felony, and shall be imprisoned 
not more than four years, or shall be imprisoned not more than 
ten years if the alien is a member of any of the classes 
described in paragraph (1)(E), (2), (3), or (4) of section 
241(a).: Provided, That this subsection shall not make it 
illegal for any alien to take any proper steps for the purpose 
of securing cancellation of or exemption from such order of 
deportation or for the purpose of securing his release from 
incarceration or custody: Provided further, That the court may 
for good cause suspend the sentence of such alien and order his 
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 (1) the age, health, and period of detention of the 
alien; (2) the effect of the alien's release upon the national 
security and public peace or safety; (3) the likelihood of the 
alien's resuming or following a course of conduct which made or 
would make him deportable; (4) the character of the efforts 
made by such alien himself and by representatives of the 
country or countries to which his deportation is directed to 
expedite the alien's departure from the United States; (5) the 
reason for the inability of the Government of the United States 
to secure passports, other travel documents, or deportation 
facilities from the country or countries to which the alien has 
been ordered deported; and (6) the eligibility of the alien for 
discretionary relief under the immigration laws.
  [(f) Should the Attorney General find that any alien has 
unlawfully reentered the United States after having previously 
departed or been deported pursuant to an order of deportation, 
whether before or after the date of enactment of this Act, on 
any ground described in any of the paragraphs enumerated in 
subsection (e), the previous order of deportation shall be 
deemed to be reinstated from its original date and such alien 
shall be deported under such previous order at any time 
subsequent to such reentry. For the purposes of subsection (e) 
the date on which the finding is made that such reinstatement 
is appropriate shall be deemed the date of the final order of 
deportation.
  [(g) If any alien, subject to supervision or detention under 
subsections (c) or (d) of this section, is able to depart from 
the United States under the order of deportation, except that 
he is financially unable to pay his passage, the Attorney 
General may in his discretion permit such alien to depart 
voluntarily, and the expense of such passage to the country to 
which he is destined may be paid from the appropriation for the 
enforcement of this Act, unless such payment is otherwise 
provided for under this Act.
  [(h) An alien sentenced to imprisonment shall not be deported 
until such imprisonment has been terminated by the release of 
the alien from confinement. Parole, supervised release, 
probation, or possibility of rearrest or further confinement in 
respect of the same offense shall not be a ground for deferral 
of deportation.
  [(i) In the case of an alien who is convicted of an offense 
which makes the alien subject to deportation, the Attorney 
General shall begin any deportation proceeding as expeditiously 
as possible after the date of the conviction.]


                  judicial review of orders of removal


  Sec. 242. (a) Applicable Provisions.--
          (1) General orders of removal.--Judicial review of a 
        final order of removal (other than an order of removal 
        without a hearing pursuant to section 235(b)(1)) is 
        governed only by chapter 158 of title 28 of the United 
        States Code, except as provided in subsection (b) and 
        except that the court may not order the taking of 
        additional evidence under section 2347(c) of such 
        title.
          (2) Limitations on review relating to section 
        235(b)(1).--Notwithstanding any other provision of law, 
        no court shall have jurisdiction to review--
                  (A) except as provided in subsection (f), any 
                individual determination or to entertain any 
                other cause or claim arising from or relating 
                to the implementation or operation of an order 
                of removal pursuant to section 235(b)(1),
                  (B) a decision by the Attorney General to 
                invoke the provisions of such section,
                  (C) the application of such section to 
                individual aliens, including the determination 
                made under section 235(b)(1)(B), or
                  (D) procedures and policies adopted by the 
                Attorney General to implement the provisions of 
                section 235(b)(1).
          (3) Treatment of certain decisions.--No alien shall 
        have a right to appeal from a decision of an 
        immigration judge which is based solely on a 
        certification described in section 240(c)(1)(B).
  (b) Requirements for Orders of Removal.--With respect to 
review of an order of removal under subsection (a)(1), the 
following requirements apply:
          (1) Deadline.--The petition for review must be filed 
        not later than 30 days after the date of the final 
        order of removal.
          (2) Venue and forms.--The petition for review shall 
        be filed with the court of appeals for the judicial 
        circuit in which the immigration judge completed the 
        proceedings. The record and briefs do not have to be 
        printed. The court of appeals shall review the 
        proceeding on a typewritten record and on typewritten 
        briefs.
          (3) Service.--
                  (A) In general.--The respondent is the 
                Attorney General. The petition shall be served 
                on the Attorney General and on the officer or 
                employee of the Service in charge of the 
                Service district in which the initial 
                proceedings under section 240 were conducted.
                  (B) Stay of order.--
                          (i) In general.--Except as provided 
                        in clause (ii), service of the petition 
                        on the officer or employee stays the 
                        removal of an alien pending the court's 
                        decision on the petition, unless the 
                        court orders otherwise.
                          (ii) Exception.--If the alien has 
                        been convicted of an aggravated felony, 
                        or the alien has been ordered removed 
                        pursuant to a finding that the alien is 
                        inadmissible under section 212, service 
                        of the petition does not stay the 
                        removal unless the court orders 
                        otherwise.
          (4) Decision.--Except as provided in paragraph 
        (5)(B)--
                  (A) the court of appeals shall decide the 
                petition only on the administrative record on 
                which the order of removal is based,
                  (B) the administrative findings of fact are 
                conclusive if supported by reasonable, 
                substantial, and probative evidence on the 
                record considered as a whole, and
                  (C) a decision that an alien is not eligible 
                for admission to the United States is 
                conclusive unless manifestly contrary to law.
          (5) Treatment of nationality claims.--
                  (A) Court determination if no issue of 
                fact.--If the petitioner claims to be a 
                national of the United States and the court of 
                appeals finds from the pleadings and affidavits 
                that no genuine issue of material fact about 
                the petitioner's nationality is presented, the 
                court shall decide the nationality claim.
                  (B) Transfer if issue of fact.--If the 
                petitioner claims to be a national of the 
                United States and the court of appeals finds 
                that a genuine issue of material fact about the 
                petitioner's nationality is presented, the 
                court shall transfer the proceeding to the 
                district court of the United States for the 
                judicial district in which the petitioner 
                resides for a new hearing on the nationality 
                claim and a decision on that claim as if an 
                action had been brought in the district court 
                under section 2201 of title 28, United States 
                Code.
                  (C) Limitation on determination.--The 
                petitioner may have such nationality claim 
                decided only as provided in this paragraph.
          (6) Consolidation with review of motions to reopen or 
        reconsider.--When a petitioner seeks review of an order 
        under this section, any review sought of a motion to 
        reopen or reconsider the order shall be consolidated 
        with the review of the order.
          (7) Challenge to validity of orders in certain 
        criminal proceedings.--
                  (A) In general.--If the validity of an order 
                of removal has not been judicially decided, a 
                defendant in a criminal proceeding charged with 
                violating section 243(a) may challenge the 
                validity of the order in the criminal 
                proceeding only by filing a separate motion 
                before trial. The district court, without a 
                jury, shall decide the motion before trial.
                  (B) Claims of united states nationality.--If 
                the defendant claims in the motion to be a 
                national of the United States and the district 
                court finds that--
                          (i) no genuine issue of material fact 
                        about the defendant's nationality is 
                        presented, the court shall decide the 
                        motion only on the administrative 
                        record on which the removal order is 
                        based and the administrative findings 
                        of fact are conclusive if supported by 
                        reasonable, substantial, and probative 
                        evidence on the record considered as a 
                        whole; or
                          (ii) a genuine issue of material fact 
                        about the defendant's nationality is 
                        presented, the court shall hold a new 
                        hearing on the nationality claim and 
                        decide that claim as if an action had 
                        been brought under section 2201 of 
                        title 28, United States Code.
                The defendant may have such nationality claim 
                decided only as provided in this subparagraph.
                  (C) Consequence of invalidation.--If the 
                district court rules that the removal order is 
                invalid, the court shall dismiss the indictment 
                for violation of section 243(a). The United 
                States Government may appeal the dismissal to 
                the court of appeals for the appropriate 
                circuit within 30 days after the date of the 
                dismissal.
                  (D) Limitation on filing petitions for 
                review.--The defendant in a criminal proceeding 
                under section 243(a) may not file a petition 
                for review under subsection (a) during the 
                criminal proceeding.
          (8) Construction.--This subsection--
                  (A) does not prevent the Attorney General, 
                after a final order of removal has been issued, 
                from detaining the alien under section 241(a);
                  (B) does not relieve the alien from complying 
                with section 241(a)(4) and section 243(g); and
                  (C) except as provided in paragraph (3), does 
                not require the Attorney General to defer 
                removal of the alien.
  (c) Requirements for Petition.--A petition for review or for 
habeas corpus of an order of removal shall state whether a 
court has upheld the validity of the order, and, if so, shall 
state the name of the court, the date of the court's ruling, 
and the kind of proceeding.
  (d) Review of Final Orders.--A court may review a final order 
of removal only if--
          (1) the alien has exhausted all administrative 
        remedies available to the alien as of right, and
          (2) another court has not decided the validity of the 
        order, unless the reviewing court finds that the 
        petition presents grounds that could not have been 
        presented in the prior judicial proceeding or that the 
        remedy provided by the prior proceeding was inadequate 
        or ineffective to test the validity of the order.
  (e) Limited Review for Non-Permanent Residents Convicted of 
Aggravated Felonies.--
          (1) In general.--A petition for review filed by an 
        alien against whom a final order of removal has been 
        issued under section 238 may challenge only whether--
                  (A) the alien is the alien described in the 
                order,
                  (B) the alien is an alien described in 
                section 238(b)(2) and has been convicted after 
                entry into the United States of an aggravated 
                felony, and
                  (C) proceedings against the alien complied 
                with section 238(b)(4).
          (2) Limited jurisdiction.--A court reviewing the 
        petition has jurisdiction only to review the issues 
        described in paragraph (1).
  (f) Judicial Review of Orders Under Section 235(b)(1).--
          (1) Application.--The provisions of this subsection 
        apply with respect to judicial review of orders of 
        removal effected under section 235(b)(1).
          (2) Limitations on relief.--Regardless of the nature 
        of the action or claim and regardless of the identity 
        of the party or parties bringing the action, no court 
        shall have jurisdiction or authority to enter 
        declaratory, injunctive, or other equitable relief not 
        specifically authorized in this subsection, or to 
        certify a class under Rule 23 of the Federal Rules of 
        Civil Procedure.
          (3) Limitation to habeas corpus.--Judicial review of 
        any matter, cause, claim, or individual determination 
        made or arising under or pertaining to section 
        235(b)(1) shall only be available in habeas corpus 
        proceedings, and shall be limited to determinations 
        of--
                  (A) whether the petitioner is an alien,
                  (B) whether the petitioner was ordered 
                removed under such section, and
                  (C) whether the petitioner can prove by a 
                preponderance of the evidence that the 
                petitioner is an alien lawfully admitted for 
                permanent residence and is entitled to such 
                further inquiry as prescribed by the Attorney 
                General pursuant to section 235(b)(1)(C).
          (4) Decision.--In any case where the court determines 
        that the petitioner--
                  (A) is an alien who was not ordered removed 
                under section 235(b)(1), or
                  (B) has demonstrated by a preponderance of 
                the evidence that the alien is a lawful 
                permanent resident,

        the court may order no remedy or relief other than to 
        require that the petitioner be provided a hearing in 
        accordance with section 240. Any alien who is provided 
        a hearing under section 240 pursuant to this paragraph 
        may thereafter obtain judicial review of any resulting 
        final order of removal pursuant to subsection (a)(1).
          (5) Scope of inquiry.--In determining whether an 
        alien has been ordered removed under section 235(b)(1), 
        the court's inquiry shall be limited to whether such an 
        order in fact was issued and whether it relates to the 
        petitioner. There shall be no review of whether the 
        alien is actually inadmissible or entitled to any 
        relief from removal.
  (g) Limit on Injunctive Relief.--Regardless of the nature of 
the action or claim or of the identity of the party or parties 
bringing the action, no court (other than the Supreme Court) 
shall have jurisdiction or authority to enjoin or restrain the 
operation of the provisions of chapter 4 of title II, as 
amended by the Immigration in the National Interest Act of 
1995, other than with respect to the application of such 
provisions to an individual alien against whom proceedings 
under such chapter have been initiated.

                        [deportation procedures

  [Sec. 242B. (a) Notices.--
          [(1) Order to show cause.--In deportation proceedings 
        under section 242, written notice (in this section 
        referred to as an ``order to show cause'') shall be 
        given in person to the alien (or, if personal service 
        is not practicable, such notice shall be given by 
        certified 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 a 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 242.
                  [(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 subsection 
                (c)(2) of failure to provide address and 
                telephone information pursuant to this 
                subparagraph.
          [(2) Notice of time and place of proceedings.--In 
        deportation proceedings under section 242--
                  [(A) written notice shall be given in person 
                to the alien (or, if personal service is not 
                practicable, written notice shall be given by 
                certified mail to the alien or to the alien's 
                counsel of record, if any), in the order to 
                show cause or otherwise, of--
                          [(i) the time and place at which the 
                        proceedings will be held, and
                          [(ii) the consequences under 
                        subsection (c) of the failure, except 
                        under exceptional circumstances, to 
                        appear at such proceedings; and
                  [(B) in the case of any change or 
                postponement in the time and place of such 
                proceedings, written notice shall be given in 
                person to the alien (or, if personal service is 
                not practicable, written notice shall be given 
                by certified mail to the alien or to the 
                alien's counsel of record, if any) of--
                          [(i) the new time or place of the 
                        proceedings, and
                          [(ii) the consequences under 
                        subsection (c) of failing, except under 
                        exceptional circumstances, to attend 
                        such proceedings.
        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 subsection (a)(1)(F).
          [(3) Form of information.--Each order to show cause 
        or other notice under this subsection--
                  [(A) shall be in English and Spanish, and
                  [(B) shall specify that the alien may be 
                represented by an attorney in deportation 
                proceedings under section 242 and will be 
                provided, in accordance with subsection (b)(1), 
                a period of time in order to obtain counsel and 
                a current list described in subsection (b)(2).
          [(4) 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 242, the 
        hearing date shall not be scheduled earlier than 14 
        days after the service of the order to show cause, 
        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 242. Such lists shall be 
        provided under subsection (a)(1)(E) and otherwise made 
        generally available.
  [(c) Consequences of Failure to Appear.--
          [(1) In general.--Any alien who, after written notice 
        required under subsection (a)(2) has been provided to 
        the alien or the alien's counsel of record, does not 
        attend a proceeding under section 242, shall be ordered 
        deported under section 242(b)(1) in absentia if the 
        Service establishes by clear, unequivocal, and 
        convincing evidence that the written notice was so 
        provided and that the alien is deportable. The written 
        notice by the Attorney General shall be considered 
        sufficient for purposes of this paragraph if provided 
        at the most recent address provided under subsection 
        (a)(1)(F).
          [(2) No notice if failure to provide address 
        information.--No written notice shall be required under 
        paragraph (1) if the alien has failed to provide the 
        address required under subsection (a)(1)(F).
          [(3) Rescission of order.--Such an order may be 
        rescinded only--
                  [(A) upon a motion to reopen filed within 180 
                days after the date of the order of deportation 
                if the alien demonstrates that the failure to 
                appear was because of exceptional circumstances 
                (as defined in subsection (f)(2)), or
                  [(B) upon a motion to reopen filed at any 
                time if the alien demonstrates that the alien 
                did not receive notice in accordance with 
                subsection (a)(2) or the alien demonstrates 
                that the alien was in Federal or State custody 
                and did not appear through no fault of the 
                alien.
        The filing of the motion to reopen described in 
        subparagraph (A) or (B) shall stay the deportation of 
        the alien pending disposition of the motion.
          [(4) Effect on judicial review.--Any petition for 
        review under section 106 of an order entered in 
        absentia under this subsection shall, notwithstanding 
        such section, be filed not later than 60 days (or 30 
        days in the case of an alien convicted of an aggravated 
        felony) after the date of the final order of 
        deportation and shall (except in cases described in 
        section 106(a)(5)) be confined to the issues of the 
        validity of the notice provided to the alien, to the 
        reasons for the alien's not attending the proceeding, 
        and to whether or not clear, convincing, and 
        unequivocal evidence of deportability has been 
        established.
  [(d) Treatment of Frivolous Behavior.--The Attorney General 
shall, by regulation--
          [(1) define in a proceeding before a special inquiry 
        officer or before an appellate administrative body 
        under this title, frivolous behavior for which 
        attorneys may be sanctioned,
          [(2) specify the circumstances under which an 
        administrative appeal of a decision or ruling will be 
        considered frivolous and will be summarily dismissed, 
        and
          [(3) impose appropriate sanctions (which may include 
        suspension and disbarment) in the case of frivolous 
        behavior.
Nothing in this subsection shall be construed as limiting the 
authority of the Attorney General to take actions with respect 
to inappropriate behavior.
  [(e) Limitation on Discretionary Relief for Failure to 
Appear.--
          [(1) At deportation proceedings.--Any alien against 
        whom a final order of deportation is entered in 
        absentia under this section and who, at the time of the 
        notice described in subsection (a)(2), 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 
        (f)(2)) to attend a proceeding under section 242, shall 
        not be eligible for relief described in paragraph (5) 
        for a period of 5 years after the date of the entry of 
        the final order of deportation.
          [(2) Voluntary departure.--
                  [(A) In general.--Subject to subparagraph 
                (B), any alien allowed to depart voluntarily 
                under section 244(e)(1) or who has agreed to 
                depart voluntarily at his own expense under 
                section 242(b)(1) who remains in the United 
                States after the scheduled date of departure, 
                other than because of exceptional 
                circumstances, shall not be eligible for relief 
                described in paragraph (5) for a period of 5 
                years after the scheduled date of departure or 
                the date of unlawful reentry, respectively.
                  [(B) Written and oral notice required.--
                Subparagraph (A) shall not apply to an alien 
                allowed to depart voluntarily unless, before 
                such departure, the Attorney General has 
                provided written notice to the alien in English 
                and Spanish and oral notice either in the 
                alien's native language or in another language 
                the alien understands of the consequences under 
                subparagraph (A) of the alien's remaining in 
                the United States after the scheduled date of 
                departure, other than because of exceptional 
                circumstances.
          [(3) Failure to appear under deportation order.--
                  [(A) In general.--Subject to subparagraph 
                (B), any alien against whom a final order of 
                deportation is entered under this section and 
                who fails, other than because of exceptional 
                circumstances, to appear for deportation at the 
                time and place ordered shall not be eligible 
                for relief described in paragraph (5) for a 
                period of 5 years after the date the alien was 
                required to appear for deportation.
                  [(B) Written and oral notice required.--
                Subparagraph (A) shall not apply to an alien 
                against whom a deportation order is entered 
                unless the Attorney General has provided, 
                orally in the alien's native language or in 
                another language the alien understands and in 
                the final order of deportation under this 
                section of the consequences under subparagraph 
                (A) of the alien's failure, other than because 
                of exceptional circumstances, to appear for 
                deportation at the time and place ordered.
          [(4) Failure to appear for asylum hearing.--
                  [(A) In general.--Subject to subparagraph 
                (B), any alien--
                          [(i) whose period of authorized stay 
                        (if any) has expired through the 
                        passage of time,
                          [(ii) who has filed an application 
                        for asylum, and
                          [(iii) who fails, other than because 
                        of exceptional circumstances, to appear 
                        at the time and place specified for the 
                        asylum hearing,

                shall not be eligible for relief described in 
                paragraph (5) for a period of 5 years after the 
                date of the asylum hearing.
                  [(B) Written and oral notice required.--
                Subparagraph (A) shall not apply in the case of 
                an alien with respect to a failure to be 
                present at a hearing unless--
                          [(i) written notice in English and 
                        Spanish, and oral notice either in the 
                        alien's native language or in another 
                        language the alien understands, was 
                        provided to the alien of the time and 
                        place at which the asylum hearing will 
                        be held, and in the case of any change 
                        or postponement in such time or place, 
                        written notice in English and Spanish, 
                        and oral notice either in the alien's 
                        native language or in another language 
                        the alien understands, was provided to 
                        the alien of the new time or place of 
                        the hearing; and
                          [(ii) notices under clause (i) 
                        specified the consequences under 
                        subparagraph (A) of failing, other than 
                        because of exceptional circumstances, 
                        to attend such hearing.
          [(5) Relief covered.--The relief described in this 
        paragraph is--
                  [(A) voluntary departure under section 
                242(b)(1),
                  [(B) suspension of deportation or voluntary 
                departure under section 244, and
                  [(C) adjustment or change of status under 
                section 245, 248, or 249.
  [(f) Definitions.--In this section:
          [(1) The term ``certified mail'' means certified 
        mail, return receipt requested.
          [(2) The term ``exceptional circumstances'' refers to 
        exceptional circumstances (such as serious illness of 
        the alien or death of an immediate relative of the 
        alien, but not including less compelling circumstances) 
        beyond the control of the alien.

   [countries to which aliens shall be deported; cost of deportation

  [Sec. 243. (a) The deportation of an alien in the United 
States provided for in this Act, or any other Act or treaty, 
shall be directed by the Attorney General to a country promptly 
designated by the alien if that country is willing to accept 
him into its territory, unless the Attorney General, in his 
discretion, concludes that deportation to such country would be 
prejudicial to the interests of the United States. No alien 
shall be permitted to make more than one such designation, nor 
shall any alien designate, as the place to which he wishes to 
be deported, any foreign territory contiguous to the United 
States or any island adjacent thereto or adjacent to the United 
States unless such alien is a native, citizen, subject, or 
national of, or had a residence in such designated foreign 
contiguous territory or adjacent island. If the government of 
the country designated by the alien fails finally to advise the 
Attorney General within three months following original inquiry 
whether that government will or will not accept such alien into 
its territory, such designation may thereafter be disregarded. 
Thereupon deportation of such alien shall be directed to any 
country of which such alien is a subject, national, or citizen 
if such country is willing to accept him into its territory. If 
the government of such country fails finally to advise the 
Attorney General or the alien within three months following the 
date of original inquiry, or within such other period as the 
Attorney General shall deem reasonable under the circumstances 
in a particular case, whether that government will or will not 
accept such alien into its territory, then such deportation 
shall be directed by the Attorney General within his discretion 
and without necessarily giving any priority or preference 
because of their order as herein set forth either--
          [(1) to the country from which such alien last 
        entered the United States;
          [(2) to the country in which is located the foreign 
        port at which such alien embarked for the United States 
        or for foreign contiguous territory;
          [(3) to the country in which he was born;
          [(4) to the country in which the place of his birth 
        is situated at the time he is ordered deported;
          [(5) to any country in which he resided prior to 
        entering the country from which he entered the United 
        States;
          [(6) to the country which had sovereignty over the 
        birthplace of the alien at the time of his birth; or
          [(7) if deportation to any of the foregoing places or 
        countries is impracticable, inadvisable, or impossible, 
        then to any country which is willing to accept such 
        alien into its territory.
  [(b) If the United States is at war and the deportation, in 
accordance with the provisions of subsection (a), of any alien 
who is deportable under any law of the United States shall be 
found by the Attorney General to be impracticable, inadvisable, 
inconvenient, or impossible because of enemy occupation of the 
country from which such alien came or wherein is located the 
foreign port at which he embarked for the United States or 
because of reasons connected with the war, such alien may, in 
the discretion of the Attorney General, be deported as follows:
          [(1) If such alien is a citizen or subject of a 
        country whose recognized government is in exile, to the 
        country in which is located that government in exile if 
        that country will permit him to enter its territory; or
          [(2) if such alien is a citizen or subject of a 
        country whose recognized government is not in exile, 
        then to a country or any political or territorial 
        subdivision thereof which is proximate to the country 
        of which the alien is a citizen or subject, or, with 
        the consent of the country of which the alien is a 
        citizen or subject, to any other country.
  [(c) If deportation proceedings are instituted at any time 
within five years after the entry of the alien for causes 
existing prior to or at the time of entry, the cost of removal 
to the port of deportation shall be at the expense of the 
appropriation for the enforcement of this Act, and the 
deportation from such port shall be at the expense of the owner 
or owners of the vessels, aircraft, or other transportation 
lines by which such alien came to the United States, or if in 
the opinion of the Attorney General that is not practicable, at 
the expense of the appropriation for the enforcement of this 
Act: Provided, That the costs of the deportation of any such 
alien from such port shall not be assessed against the owner or 
owners of the vessels, aircraft, or other transportation lines 
in the case of any alien who arrived in possession of a valid 
unexpired immigrant visa and who was inspected and admitted to 
the United States for permanent residence. In the case of an 
alien crewman, if deportation proceedings are instituted at any 
time within five years after the granting of the last 
conditional permit to land temporarily under the provisions of 
section 252, the cost of removal to the port of deportation 
shall be at the expense of the appropriation for the 
enforcement of this Act and the deportation from such port 
shall be at the expense of the owner or owners of the vessels 
or aircraft by which such alien came to the United States, or 
if in the opinion of the Attorney General that is not 
practicable, at the expense of the appropriation for the 
enforcement of this Act.
  [(d) If deportation proceedings are instituted later than 
five years after the entry of the alien, or in the case of an 
alien crewman later than five years after the granting of the 
last conditional permit to land temporarily, the cost thereof 
shall be payable from the appropriation for the enforcement of 
this Act.
  [(e) A failure or refusal on the part of the master, 
commanding officer, agent, owner, charterer, or consignee of a 
vessel, aircraft, or other transportation line to comply with 
the order of the Attorney General to take on board, guard 
safely, and transport to the destination specified any alien 
ordered to be deported under the provisions of this Act, or a 
failure or refusal by any such person to comply with an order 
of the Attorney General to pay deportation expenses in 
accordance with the requirements of this section, shall be 
punished by the imposition of a penalty in the sum and manner 
prescribed in section 237(b).
  [(f) When in the opinion of the Attorney General the mental 
or physical condition of an alien being deported is such as to 
require personal care and attendance, the Attorney General 
shall, when necessary, employ a suitable person for that 
purpose who shall accompany such alien to his final 
destination, and the expense incident to such service shall be 
defrayed in the same manner as the expense of deporting the 
accompanied alien is defrayed, and any failure or refusal to 
defray such expenses shall be punished in the manner prescribed 
by subsection (e) of this section.
  [(g) Upon the notification by the Attorney General that any 
country upon request denies or unduly delays acceptance of the 
return of any alien who is a national, citizen, subject, or 
resident thereof, the Secretary of State shall instruct 
consular officers performing their duties in the territory of 
such country to discontinue the issuance of immigrant visas to 
nationals, citizens, subjects, or residents of such country, 
until such time as the Attorney General shall inform the 
Secretary of State that such country has accepted such alien.
  [(h)(1) The Attorney General shall not deport or return any 
alien (other than an alien described in section 241(a)(4)(D)) 
to a country if the Attorney General determines that such 
alien's life or freedom would be threatened in such country on 
account of race, religion, nationality, membership in a 
particular social group, or political opinion.
  [(2) Paragraph (1) shall not apply to any alien if the 
Attorney General determines that--
          [(A) 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;
          [(B) the alien, having been convicted by a final 
        judgment of a particularly serious crime, constitutes a 
        danger to the community of the United States;
          [(C) there are serious reasons for considering that 
        the alien has committed a serious nonpolitical crime 
        outside the United States prior to the arrival of the 
        alien in the United States; or
          [(D) there are reasonable grounds for regarding the 
        alien as a danger to the security of the United States.
For purposes of subparagraph (B), an alien who has been 
convicted of an aggravated felony shall be considered to have 
committed a particularly serious crime.]


                      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.

            [suspension of deportation; voluntary departure

  [Sec. 244. (a) As hereinafter prescribed in this section, the 
Attorney General may, in his discretion, suspend deportation 
and adjust the status to that of an alien lawfully admitted for 
permanent residence, in the case of an alien (other than an 
alien described in section 241(a)(4)(D))) who applies to the 
Attorney General for suspension of deportation and--
          [(1) is deportable under any law of the United States 
        except the provisions specified in paragraph (2) of 
        this subsection; has been physically present in the 
        United States for a continuous period of not less than 
        seven years immediately preceding the date of such 
        application, and proves that during all of such period 
        he was and is a person of good moral character; and is 
        a person whose deportation would, in the opinion of the 
        Attorney General, result in extreme hardship to the 
        alien or to his spouse, parent, or child, who is a 
        citizen of the United States or an alien lawfully 
        admitted for permanent residence;
          [(2) is deportable under paragraph (2), (3), or (4) 
        of section 241(a); has been physically present in the 
        United States for a continuous period of not less than 
        10 years immediately following the commission of an 
        act, or the assumption of a status, constituting a 
        ground for deportation, and proves that during all of 
        such period he has been and is a person of good moral 
        character; and is a person whose deportation would, in 
        the opinion of the Attorney General, result in 
        exceptional and extremely unusual hardship to the alien 
        or to his spouse, parent, or child, who is a citizen of 
        the United States or an alien lawfully admitted for 
        permanent residence; or
          [(3) is deportable under any law of the United States 
        except section 241(a)(1)(G) and the provisions 
        specified in paragraph (2); 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; 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); and proves that during all 
        of such time in the United States the alien was and is 
        a person of good moral character; and is a person whose 
        deportation would, in the opinion of the Attorney 
        General, result in extreme hardship to the alien or the 
        alien's parent or child.
  [(b)(1) The requirement of continuous physical presence in 
the United States specified in paragraphs (1) and (2) of 
subsection (a) of this section shall not be applicable to an 
alien who (A) has served for a minimum period of twenty-four 
months in an active-duty status in the Armed Forces of the 
United States and, if separated from such service, was 
separated under honorable conditions, and (B) at the time of 
his enlistment or induction was in the United States.
  [(2) An alien shall not be considered to have failed to 
maintain continuous physical presence in the United States 
under paragraphs (1) and (2) of subsection (a) if the absence 
from the United States was brief, casual, and innocent and did 
not meaningfully interrupt the continuous physical presence.
  [(c) Upon application by any alien who is found by the 
Attorney General to meet the requirements of subsection (a) of 
this section the Attorney General may in his discretion suspend 
deportation of such alien.
  [(d) Upon the cancellation of deportation in the case of any 
alien under this section, the Attorney General shall record the 
alien's lawful admission for permanent residence as of the date 
the cancellation of deportation of such alien is made.
  [(e)(1) Except as provided in paragraph (2), the Attorney 
General may, in his discretion, permit any alien under 
deportation proceedings, other than an alien within the 
provisions of paragraph (2), (3), or (4) of section 241(a) (and 
also any alien within the purview of such paragraphs if he is 
also within the provisions of paragraph (2) of subsection (a) 
of this section), to depart voluntarily from the United States 
at his own expense in lieu of deportation if such alien shall 
establish to the satisfaction of the Attorney General that he 
is, and has been, a person of good moral character for at least 
five years immediately preceding his application for voluntary 
departure under this subsection.
  [(2) The authority contained in paragraph (1) shall not apply 
to any alien who is deportable because of a conviction for an 
aggravated felony.
  [(f) The provisions of subsection (a) shall not apply to an 
alien who--
          [(1) entered the United States as a crewman 
        subsequent to June 30, 1964;
          [(2) was admitted to the United States as a 
        nonimmigrant exchange alien as defined in section 
        101(a)(15)(J), or has acquired the status of such a 
        nonimmigrant exchange alien after admission, in order 
        to receive graduate medical education, or training, 
        regardless of whether or not the alien is subject to or 
        has fulfilled the two-year foreign residence 
        requirement of section 212(e); or
          [(3)(A) was admitted to the United States as a 
        nonimmigrant exchange alien as defined in section 
        101(a)(15)(J) or has acquired the status of such a 
        nonimmigrant exchange alien after admission other than 
        to receive graduate medical education or training, (B) 
        is subject to the two-year foreign residence 
        requirement of section 212(e), and (C) has not 
        fulfilled that requirement or received a waiver 
        thereof.
  [(g) In acting on applications under subsection (a)(3), 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.]

                       temporary protected status

  Sec. [244A.] 244. (a) Granting of Status.--
          (1) In general.--In the case of an alien who is a 
        national of a foreign state designated under subsection 
        (b) (or in the case of an alien having no nationality, 
        is a person who last habitually resided in such 
        designated state) and who meets the requirements of 
        subsection (c), the Attorney General, in accordance 
        with this section--
                  (A) may grant the alien temporary protected 
                status in the United States and shall not 
                [deport] remove the alien from the United 
                States during the period in which such status 
                is in effect, and
                  (B) shall authorize the alien to engage in 
                employment in the United States and provide the 
                alien with an ``employment authorized'' 
                endorsement or other appropriate work permit.
          (2) Duration of work authorization.--Work 
        authorization provided under this section shall be 
        effective throughout the period the alien is in 
        temporary protected status under this section.
          (3) Notice.--
                  (A) Upon the granting of temporary protected 
                status under this section, the Attorney General 
                shall provide the alien with information 
                concerning such status under this section.
                  (B) If, at the time of initiation of a 
                [deportation] removal proceeding against an 
                alien, the foreign state (of which the alien is 
                a national) is designated under subsection (b), 
                the Attorney General shall promptly notify the 
                alien of the temporary protected status that 
                may be available under this section.
                  (C) If, at the time of designation of a 
                foreign state under subsection (b), an alien 
                (who is a national of such state) is in a 
                [deportation] removal proceeding under this 
                title, the Attorney General shall promptly 
                notify the alien of the temporary protected 
                status that may be available under this 
                section.
          * * * * * * *
  (b) Designations.--
          (1)  * * *
          * * * * * * *
          (5) Review.--
                  (A) Designations.--There is no judicial 
                review of any determination of the Attorney 
                General with respect to the designation, or 
                termination or extension of a designation, of a 
                foreign state under this subsection.
                  (B) Application to individuals.--The Attorney 
                General shall establish an administrative 
                procedure for the review of the denial of 
                benefits to aliens under this subsection. Such 
                procedure shall not prevent an alien from 
                asserting protection under this section in 
                [deportation] removal proceedings if the alien 
                demonstrates that the alien is a national of a 
                state designated under paragraph (1).
  (c) Aliens Eligible for Temporary Protected Status.--
          (1)  * * *
          (2) Eligibility standards.--
                  (A)  * * *
                  (B) Aliens ineligible.--An alien shall not be 
                eligible for temporary protected status under 
                this section if the Attorney General finds 
                that--
                          (i) the alien has been convicted of 
                        any felony or 2 or more misdemeanors 
                        committed in the United States, or
                          (ii) the alien is described in 
                        section [243(h)(2)] 208(b)(2)(A).
          * * * * * * *
  (e) Relation of Period of Temporary Protected Status to 
[Suspension of Deportation] Cancellation of Removal.--With 
respect to an alien granted temporary protected status under 
this section, the period of such status shall not be counted as 
a period of physical presence in the United States for purposes 
of section [244(a)] 240A(a), unless the Attorney General 
determines that extreme hardship exists. Such period shall not 
cause a break in the continuity of residence of the period 
before and after such period for purposes of such section.
          * * * * * * *

  adjustment of status of nonimmigrant to that of person admitted for 
                          permanent residence

  Sec. 245. (a)  * * *
          * * * * * * *
  (c) Subsection (a) shall not be applicable to (1) an alien 
crewman; (2) an alien (other than [an immediate relative as 
defined in section 201(b)] a spouse or child of a citizen of 
the United States under section 201(b) or a parent of a citizen 
under section 203(a)(2) or a special immigrant described in 
section [101(a)(27)(H), (I),] 101(a)(27)(I), (J), or (K)) who 
hereafter continues in or accepts unauthorized employment prior 
to filing an application for adjustment of status or who is in 
unlawful immigration status on the date of filing the 
application for adjustment of status or who has failed (other 
than through no fault of his own or for technical reasons) to 
maintain continuously a lawful status since entry into the 
United States; (3) any alien admitted in transit without visa 
under section 212(d)(4)(C); (4) an alien (other than [an 
immediate relative as defined in section 201(b)] a spouse or 
child of a citizen of the United States under section 201(b) or 
a parent of a citizen under section 203(a)(2)) who was admitted 
as a nonimmigrant visitor without a visa under section 212(l) 
or section 217; [or] (5) an alien who was admitted as a 
nonimmigrant described in section 101(a)(15)(S), or (6) an 
alien who is deportable under section 237(a)(4)(B).
  (d) The Attorney General may not adjust, under subsection 
(a), the status of an alien lawfully admitted to the United 
States for permanent residence on a conditional basis under 
section 216. The Attorney General may not adjust, under 
subsection (a), the status of a nonimmigrant alien described in 
section 101(a)(15)(K) (relating to an alien fiancee or fiance 
or the minor child of such alien) except to that of an alien 
lawfully admitted to the United States on a conditional basis 
under section 216 as a result of the marriage of the 
nonimmigrant (or, in the case of a minor child, the parent) to 
the citizen who filed the petition to accord that alien's 
nonimmigrant status under section 101(a)(15)(K).
  (e)(1) Except as provided in paragraph (3), an alien who is 
seeking to receive an immigrant visa on the basis of a marriage 
which was entered into during the period described in paragraph 
(2) may not have the alien's status adjusted under subsection 
(a).
  (2) The period described in this paragraph is the period 
during which administrative or judicial proceedings are pending 
regarding the alien's right to [enter] be admitted or remain in 
the United States.
  (3) Paragraph (1) and section 204(g) shall not apply with 
respect to a marriage if the alien establishes by clear and 
convincing evidence to the satisfaction of the Attorney General 
that the marriage was entered into in good faith and in 
accordance with the laws of the place where the marriage took 
place and the marriage was not entered into for the purpose of 
procuring the alien's [entry] admission as an immigrant and no 
fee or other consideration was given (other than a fee or other 
consideration to an attorney for assistance in preparation of a 
lawful petition) for the filing of a petition under section 
204(a) or 214(d) with respect to the alien spouse or alien son 
or daughter. In accordance with regulations, there shall be 
only one level of administrative appellate review for each 
alien under the previous sentence.
  (f) The Attorney General may not adjust, under subsection 
(a), the status of an alien lawfully admitted to the United 
States for permanent residence on a conditional basis under 
section 216A.
          * * * * * * *
  (i)(1) Notwithstanding the provisions of subsections (a) and 
(c) of this section, an alien physically present in the United 
States who--
          (A) entered the United States without inspection; or
          (B) is within one of the classes enumerated in 
        subsection (c) of this section

may apply to the Attorney General for the adjustment of his or 
her status to that of an alien lawfully admitted for permanent 
residence. The Attorney General may accept such application 
only if the alien remits with such application a sum equalling 
[five times the fee required for the processing of applications 
under this section as of the date of receipt of the 
application,] $2,500 but such sum shall not be required from a 
child under the age of seventeen, or an alien who is the spouse 
or unmarried child of an individual who obtained temporary or 
permanent resident status under section 210 or 245A of the 
Immigration and Nationality Act or section 202 of the 
Immigration Reform and Control Act of 1986 at any date, who--
          (i) as of May 5, 1988, was the unmarried child or 
        spouse of the individual who obtained temporary or 
        permanent resident status under section 210 or 245A of 
        the Immigration and Nationality Act or section 202 of 
        the Immigration Reform and Control Act of 1986;
          (ii) entered the United States before May 5, 1988, 
        resided in the United States on May 5, 1988, and is not 
        a lawful permanent resident; and
          (iii) applied for benefits under section 301(a) of 
        the Immigration Act of 1990. The sum specified herein 
        shall be in addition to the fee normally required for 
        the processing of an application under this section.
  (2) Upon receipt of such an application and the sum hereby 
required, the Attorney General may adjust the status of the 
alien to that of an alien lawfully admitted for permanent 
residence if--
          (A) the alien is eligible to receive an immigrant 
        visa and is admissible to the United States for 
        permanent residence; and
          (B) an immigrant visa is immediately available to the 
        alien at the time the application is filed.
  (3) Sums 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 sections 286 (m), (n), 
and (o) of this title.
  [(i)] (j)(1) If, in the opinion of the Attorney General--
          (A) a nonimmigrant admitted into the United States 
        under section 101(a)(15)(S)(i) has supplied information 
        described in subclause (I) of such section; and
          * * * * * * *
  (3) Upon the approval of adjustment of status under 
[paragraphs (1) or (2)] paragraph (1) or (2), the Attorney 
General shall record the alien's lawful admission for permanent 
residence as of the date of such approval and the Secretary of 
State shall reduce by one the number of visas authorized to be 
issued under sections 201(d) and 203(b)[(4)](6) for the fiscal 
year then current.

  adjustment of status of certain entrants before january 1, 1982, to 
              that of person admitted for lawful residence

  Sec. 245A. (a) Temporary Resident Status.--The Attorney 
General shall adjust the status of an alien to that of an alien 
lawfully admitted for temporary residence if the alien meets 
the following requirements:
          (1) Timely application.--
                  (A) During application period.--Except as 
                provided in subparagraph (B), the alien must 
                apply for such adjustment during the 12-month 
                period beginning on a date (not later than 180 
                days after the date of enactment of this 
                section) designated by the Attorney General.
                  (B) Application within 30 days of show-cause 
                order.--An alien who, at any time during the 
                first 11 months of the 12-month period 
                described in subparagraph (A), is the subject 
                of an order to show cause issued under section 
                242 (as in effect before October 1, 1996), must 
                make application under this section not later 
                than the end of the 30-day period beginning 
                either on the first day of such 12-month period 
                or on the date of the issuance of such order, 
                whichever day is later.
          * * * * * * *
  (c) Applications for Adjustment of Status.--
          (1)  * * *
          * * * * * * *
          (5) Confidentiality of information.--[Neither] (A) 
        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--
                  [(A)] (i) use the information furnished 
                pursuant to an application filed under this 
                section for any purpose other than to make a 
                determination on the application or 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,
                  [(B)] (ii) make any publication whereby the 
                information furnished by any particular 
                individual can be identified, or
                  [(C)] (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[;].
        [except that the]
          (B) 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.
          (C) The Attorney General may authorize an application 
        to a Federal court of competent jurisdiction for, and a 
        judge of such court may grant, an order authorizing 
        disclosure of information contained in the application 
        of the alien under this section to be used--
                  (i) for identification of the alien when 
                there is reason to believe that the alien has 
                been killed or severely incapacitated; or
                  (ii) for criminal law enforcement purposes 
                against the alien whose application is to be 
                disclosed if the alleged criminal activity 
                occurred after the legalization application was 
                filed and such activity involves terrorist 
                activity or poses either an immediate risk to 
                life or to national security, or would be 
                prosecutable as an aggravated felony, but 
                without regard to the length of sentence that 
                could be imposed on the applicant.
          (D) Anyone who uses, publishes, or permits 
        information to be examined in violation of this 
        paragraph shall be fined in accordance with title 18, 
        United States Code, or imprisoned not more than five 
        years, or both.
          (E) Nothing in this paragraph shall preclude the 
        release for immigration enforcement purposes of the 
        following information contained in files or records of 
        the Service pertaining to the application:
                  (i) The immigration status of the applicant 
                on any given date after the date of filing the 
                application (including whether the applicant 
                was authorized to work) but only for purposes 
                of a determination of whether the applicant is 
                eligible for relief from deportation or removal 
                and not otherwise.
                  (ii) The date of the applicant's adjustment 
                (if any) to the status of an alien lawfully 
                admitted for permanent residence.
                  (iii) Information concerning whether the 
                applicant has been convicted of a crime 
                occurring after the date of filing the 
                application.
                  (iv) The date or disposition of the 
                application.
          * * * * * * *
  (f) Administrative and Judicial Review.--
          (1)  * * *
          * * * * * * *
          (4) Judicial review.--
                  (A) Limitation to review of deportation.--
                There shall be judicial review of such a denial 
                only in the judicial review of an order of 
                deportation under section 106 (as in effect 
                before October 1, 1996).
          * * * * * * *

                   rescission of adjustment of status

  Sec. 246. (a) If, at any time within five years after the 
status of a person has been otherwise adjusted under the 
provisions of section 245 or 249 of this Act or any other 
provision of law to that of an alien lawfully admitted for 
permanent residence, it shall appear to the satisfaction of the 
Attorney General that the person was not in fact eligible for 
such adjustment of status, the Attorney General shall rescind 
the action taken granting an adjustment of status to such 
person and cancelling [deportation] removal in the case of such 
person if that occurred and the person shall thereupon be 
subject to all provisions of this Act to the same extent as if 
the adjustment of status had not been made. 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.
          * * * * * * *

 adjustment of status of certain resident aliens to nonimmigrant status

  Sec. 247. (a) The status of an alien lawfully admitted for 
permanent residence shall be adjusted by the Attorney General, 
under such regulations as he may prescribe, to that of a 
nonimmigrant under paragraph (15)(A), (15)(E), or (15)(G) of 
section 101(a), if such alien had at the time of [entry] 
admission or subsequently acquires an occupational status which 
would, if he were seeking admission to the United States, 
entitle him to a nonimmigrant status under such sections. As of 
the date of the Attorney General's order making such adjustment 
of status, the Attorney General shall cancel the record of the 
alien's admission for permanent residence, and the immigrant 
status of such alien shall thereby be terminated.
          * * * * * * *

                 change of nonimmigrant classification

  Sec. 248. The Attorney General may, under such conditions as 
he may prescribe, authorize a change from any nonimmigrant 
classification to any other nonimmigrant classification in the 
case of any alien lawfully admitted to the United States as a 
nonimmigrant who is continuing to maintain that status, except 
in the case of--
          (1) an alien classified as a nonimmigrant under 
        subparagraph (C), (D), (K), or (S) of section 
        101(a)(15),
          * * * * * * *
          (4) an alien admitted as a nonimmigrant visitor 
        without a visa under section 212(l) or section 217.
Any alien whose status is changed under this section may apply 
to the Secretary of State for a visa without having to leave 
the United States and apply at the visa office.

  record of admission for permanent residence in the case of certain 
 aliens who entered the united states prior to july 1, 1924 or january 
                                1, 1972

  Sec. 249. A record of lawful admission for permanent 
residence may, in the discretion of the Attorney General and 
under such regulations as he may prescribe, be made in the case 
of any alien, as of the date of the approval of his application 
or, if entry occurred prior to July 1, 1924, as of the date of 
such entry, if no such record is otherwise available and such 
alien shall satisfy the Attorney General that he is not 
inadmissible under section 212(a)(3)(E) or under section 212(a) 
insofar as it relates to criminals, procurers and other immoral 
persons, subversives, violators of the narcotic laws or 
smugglers of aliens, and he establishes that he--
          (a) entered the United States prior to January 1, 
        1972;
          (b) has had his residence in the United States 
        continuously since such entry;
          (c) is a person of good moral character; and
          (d) is not ineligible to citizenship and is not 
        deportable under section 237(a)(4)(B).
          * * * * * * *

        Chapter 6--Special Provisions Relating to Alien Crewmen

          * * * * * * *

                conditional permits to land temporarily

  Sec. 252. (a)  * * *
  (b) Pursuant to regulations prescribed by the Attorney 
General, any immigration officer may, in his discretion, if he 
determines that an alien is not a bona fide crewman, or does 
not intend to depart on the vessel or aircraft which brought 
him, revoke the conditional permit to land which was granted 
such crewman under the provisions of subsection (a)(1), take 
such crewman into custody, and require the master or commanding 
officer of the vessel or aircraft on which the crewman arrived 
to receive and detain him on board such vessel or aircraft, if 
practicable, and such crewman shall be [deported] removed from 
the United States at the expense of the transportation line 
which brought him to the United States. Until such alien is so 
[deported] removed, any expenses of his detention shall be 
borne by such transportation company. Nothing in this section 
shall be construed to require the procedure prescribed in 
section [242] 240 of this Act to cases falling within the 
provisions of this subsection.
          * * * * * * *

                        control of alien crewmen

  Sec. 254. (a) The owner, agent, consignee, charterer, master, 
or commanding officer of any vessel or aircraft arriving in the 
United States from any place outside thereof who fails (1) to 
detain on board the vessel, or in the case of an aircraft to 
detain at a place specified by an immigration officer at the 
expense of the airline, any alien crewman employed thereon 
until an immigration officer has completely inspected such 
alien crewman, including a physical examination by the medical 
examiner, or (2) to detain any alien crewman on board the 
vessel, or in the case of an aircraft at a place specified by 
an immigration officer at the expense of the airline, after 
such inspection unless a conditional permit to land temporarily 
has been granted such alien crewman under section 252 or unless 
an alien crewman has been permitted to land temporarily under 
section 212(d)(5) or 253 for medical or hospital treatment, or 
(3) to [deport] remove such alien crewman if required to do so 
by an immigration officer, whether such [deportation] removal 
requirement is imposed before or after the crewman is permitted 
to land temporarily under section 212(d)(5), 252, or 253, shall 
pay to the Commissioner the sum of $3,000 for each alien 
crewman in respect of whom any such failure occurs. No such 
vessel or aircraft shall be granted clearance pending the 
determination of the liability to the payment of such fine, or 
while the fine remains unpaid, except that clearance may be 
granted prior to the determination of such question upon the 
deposit of a sum sufficient to cover such fine, or of a bond 
with sufficient surety to secure the payment thereof approved 
by the Commissioner. The Attorney General may, upon application 
in writing therefor, mitigate such penalty to not less than 
$500 for each alien crewman in respect of whom such failure 
occurs, upon such terms as he shall think proper.
  (b) Except as may be otherwise prescribed by regulations 
issued by the Attorney General, proof that an alien crewman did 
not appear upon the outgoing manifest of the vessel or aircraft 
on which he arrived in the United States from any place outside 
thereof, or that he was reported by the master or commanding 
officer of such vessel or aircraft as a deserter, shall be 
prima facie evidence of a failure to detain or [deport] remove 
such alien crewman.
  (c) If the Attorney General finds that [deportation] removal 
of an alien crewman under this section on the vessel or 
aircraft on which he arrived is impracticable or impossible, or 
would cause undue hardship to such alien crewman, he may cause 
the alien crewman to be [deported] removed from the port of 
arrival or any other port on another vessel or aircraft of the 
same transportation line, unless the Attorney General finds 
this to be impracticable. All expenses incurred in connection 
with such [deportation] removal, including expenses incurred in 
transferring an alien crewman from one place in the United 
States to another under such conditions and safeguards as the 
Attorney General shall impose, shall be paid by the owner or 
owners of the vessel or aircraft on which the alien arrived in 
the United States. The vessel or aircraft on which the alien 
arrived shall not be granted clearance until such expenses have 
been paid or their payment guaranteed to the satisfaction of 
the Attorney General. An alien crewman who is transferred 
within the United States in accordance with this subsection 
shall not be regarded as having been landed in the United 
States.
          * * * * * * *

     limitations on performance of longshore work by alien crewmen

    Sec. 258. (a)  * * *
  (b) Longshore Work Defined.--
          (1)  * * *
          (2) Exception for safety and environmental 
        protection.--The term ``longshore work'' does not 
        include the loading or unloading of any cargo for which 
        the Secretary of Transportation has, under the 
        authority contained in chapter 37 of title 46, United 
        States Code (relating to Carriage of Liquid Bulk 
        Dangerous Cargoes), section 311 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1321), section 4106 of 
        the Oil Pollution Act of 1990, or [section 105 or 106 
        of the Hazardous Materials Transportation Act (49 
        U.S.C. App. 1804, 1805)] section 5103(b), 5104, 5106, 
        5107, or 5110 of title 49, United States Code 
        prescribed regulations which govern--
                  (A) the handling or stowage of such cargo,
                  (B) the manning of vessels and the duties, 
                qualifications, and training of the officers 
                and crew of vessels carrying such cargo, and
                  (C) the reduction or elimination of discharge 
                during ballasting, tank cleaning, handling of 
                such cargo.
          * * * * * * *

          provisions governing registration of special groups

  Sec. 263. (a) Notwithstanding the provisions of sections 261 
and 262, the Attorney General is authorized to prescribe 
special regulations and forms for the registration and 
fingerprinting of (1) alien crewmen, (2) holders of border-
crossing identification cards, (3) aliens confined in 
institutions within the United States, (4) aliens under order 
of [deportation] removal, [and (5)] (5) aliens who are or have 
been on criminal probation or criminal parole within the United 
States, and (6) aliens of any other class not lawfully admitted 
to the United States for permanent residence.
          * * * * * * *

                          forms and procedure

  Sec. 264. (a)  * * *
          * * * * * * *
  (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.
          * * * * * * *

                               penalties

  Sec. 266. (a)  * * *
  (b) Any alien or any parent or legal guardian in the United 
States of any alien who fails to give written notice to the 
Attorney General, as required by section 265 of this title, 
shall be guilty of a misdemeanor and shall, upon conviction 
thereof, be fined not to exceed $200 or be imprisoned not more 
than thirty days, or both. Irrespective of whether an alien is 
convicted and punished as herein provided, any alien who fails 
to give written notice to the Attorney General, as required by 
section 265, shall be taken into custody and [deported] removed 
in the manner provided by chapter [5] 4 of this title, unless 
such alien establishes to the satisfaction of the Attorney 
General that such failure was reasonably excusable or was not 
willful.
  (c) Any alien or any parent or legal guardian of any alien, 
who files an application for registration containing statements 
known by him to be false, or who procures or attempts to 
procure registration of himself or another person through 
fraud, shall be guilty of a misdemeanor and shall, upon 
conviction thereof, be fined not to exceed $1,000, or be 
imprisoned not more than six months, or both; and any alien so 
convicted shall, upon the warrant of the Attorney General, be 
taken into custody and be [deported] removed in the manner 
provided in chapter [5] 4 of this title.
          * * * * * * *

                 Chapter 8--General Penalty Provisions

          * * * * * * *

  bringing in aliens subject to [exclusion] denial of admission on a 
                         health-related ground

  Sec. 272. (a) Any person who shall bring to the United States 
an alien (other than an alien crewman) who is [excludable] 
inadmissible under section 212(a)(1) shall pay to the 
Commissioner for each and every alien so afflicted the sum of 
$3,000 unless (1) the alien was in possession of a valid, 
unexpired immigrant visa, or (2) the alien was allowed to land 
in the United States, or (3) the alien was in possession of a 
valid unexpired nonimmigrant visa or other document authorizing 
such alien to apply for temporary admission to the United 
States or an unexpired reentry permit issued to him, and (A) 
such application was made within one hundred and twenty days of 
the date of issuance of the visa or other document, or in the 
case of an alien in possession of a reentry permit, within one 
hundred and twenty days of the date on which the alien was last 
examined and admitted by the Service, or (B) in the event the 
application was made later than one hundred and twenty days of 
the date of issuance of the visa or other document or such 
examination and admission, if such person establishes to the 
satisfaction of the Attorney General that the existence of the 
[excluding condition] condition causing inadmissibility could 
not have been detected by the exercise of due diligence prior 
to the alien's embarkation.
  (b) No vessel or aircraft shall be granted clearance papers 
pending determination of the question of liability to the 
payment of any fine under this section, or while the fines 
remain unpaid, nor shall such fines be remitted or refunded; 
but clearance may be granted prior to the determination of such 
question upon the deposit of a sum sufficient to cover such 
fines or of a bond with sufficient surety to secure the payment 
thereof, approved by the Commissioner.
  (c) Nothing contained in this section shall be construed to 
subject transportation companies to a fine for bringing to 
ports of entry in the United States aliens who are entitled by 
law to exemption from the [excluding] provisions of section 
212(a).
  (d) As used in this section, the term ``person'' means the 
owner, master, agent, commanding officer, charterer, or 
consignee of any vessel or aircraft.

             unlawful bringing of aliens into united states

  Sec. 273. (a)(1) It shall be unlawful for any person, 
including any transportation company, or the owner, master, 
commanding officer, agent, charterer, or consignee of any 
vessel or aircraft, to bring to the United States from any 
place outside thereof (other than from foreign contiguous 
territory) any alien who does not have a valid passport and an 
unexpired visa, if a visa was required under this Act or 
regulations issued thereunder.
  (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.
  (b) If it appears to the satisfaction of the Attorney General 
that any alien has been so brought, such person, or 
transportation company, or the master, commanding officer, 
agent, owner, charterer, or consignee of any such vessel or 
aircraft, shall pay to the Commissioner a fine of $3,000 for 
each alien so brought and, except in the case of any such alien 
who is admitted, or permitted to land temporarily, in addition, 
an amount equal to that paid by such alien for his 
transportation from the initial point of departure, indicated 
in his ticket, to the port of arrival, such latter fine to be 
delivered by the Commissioner to the alien on whose account the 
assessment is made. No vessel or aircraft shall be granted 
clearance pending the determination of the liability to the 
payment of such fine or while such fine [remain] remains 
unpaid, except that clearance may be granted prior to the 
determination of such question upon the deposit of an amount 
sufficient to cover such fine, or of a bond with sufficient 
surety to secure the payment thereof approved by the 
Commissioner.
          * * * * * * *
  [(d) The owner, charterer, agent, consignee, commanding 
officer, or master of any vessel or aircraft arriving at the 
United States from any place outside the United States who 
fails to deport any alien stowaway on the vessel or aircraft on 
which such stowaway arrived or on another vessel or aircraft at 
the expense of the vessel or aircraft on which such stowaway 
arrived when required to do so by an immigration officer, shall 
pay to the Commissioner the sum of $3,000 for each alien 
stowaway, in respect of whom any such failure occurs. Pending 
final determination of liability for such fine, no such vessel 
or aircraft shall be granted clearance, except that clearance 
may be granted upon the deposit of an amount sufficient to 
cover such fine, or of a bond with sufficient surety to secure 
the payment thereof approved by the Commissioner. The 
provisions of section 235 for detention of aliens for 
examination before special inquiry officers and the right of 
appeal provided for in section 236 shall not apply to aliens 
who arrive as stowaways and no such alien shall be permitted to 
land in the United States, except temporarily for medical 
treatment, or pursuant to such regulations as the Attorney 
General may prescribe for the ultimate departure or removal or 
deportation of such alien from the United States.]
          * * * * * * *

                bringing in and harboring certain aliens

  Sec. 274. (a) Criminal Penalties.--(1)(A)  * * *
  (B) A person who violates subparagraph (A) shall, for each 
alien in respect to whom such a violation occurs--
          (i) in the case of a violation of subparagraph (A)(i) 
        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, be fined under title 18, United States Code, 
        imprisoned not more than 10 years, or both;
          * * * * * * *
  (C) Any person who engages in any conspiracy to commit, or 
aids or abets the commission of, any of the acts described in--
          (i) subparagraph (A)(i) shall be fined under title 
        18, United States Code, imprisoned not more than 10 
        years, or both; or
          (ii) clause (ii), (iii), or (iv) of subparagraph (A) 
        shall be fined under title 18, United States Code, 
        imprisoned not more than 5 years, or both.
  (2) Any person who, knowing or in reckless disregard of the 
fact that an alien has not received prior official 
authorization to come to, enter, or reside in the United 
States, brings to or attempts to bring to the United States in 
any manner whatsoever, such alien, regardless of any official 
action which may later be taken with respect to such alien 
shall, [for each transaction constituting a violation of this 
paragraph, regardless of the number of aliens involved] for 
each alien in respect to whom a violation of this paragraph 
occurs--
          (A) be fined in accordance with title 18, United 
        States Code, or imprisoned not more than one year, or 
        both; or
          (B) in the case of--
                  (i) a second or subsequent offense,
                  (ii) an offense done for the purpose of 
                commercial advantage or private financial gain, 
                [or]
                  (iii) an offense in which the alien is not 
                upon arrival immediately brought and presented 
                to an appropriate immigration officer at a 
                designated port of entry, or
                  (iv) an offense committed with the intent or 
                with reason to believe that the alien 
                unlawfully brought into the United States will 
                commit an offense against the United States or 
                any State punishable by imprisonment for more 
                than 1 year,

        [be fined in accordance with title 18, United States 
        Code, or in the case of a violation of subparagraph 
        (B)(ii), imprisoned not more than 10 years, or both; or 
        in the case of a violation of subparagraph (B)(i) or 
        (B)(iii), imprisoned not more than 5 years, or both..] 
        be fined under title 18, United States Code, and shall 
        be imprisoned not less than 3 years or more than 10 
        years.
          * * * * * * *

                     unlawful employment of aliens

  Sec. 274A. (a) Making Employment of Unauthorized Aliens 
Unlawful.--
          (1)  * * *
          * * * * * * *
          (3) Defense.--(A) A person or entity that establishes 
        that it has complied in good faith with the 
        requirements of subsection (b) with respect to the 
        hiring, recruiting, or referral for employment of an 
        alien in the United States has established an 
        affirmative defense that the person or entity has not 
        violated paragraph (1)(A) with respect to such hiring, 
        recruiting, or referral.
          (B) Failure to seek and obtain confirmation.--Subject 
        to subsection (b)(7), in the case of a hiring of an 
        individual for employment in the United States by a 
        person or entity that employs more than 3 employees, 
        the following rules apply:
                  (i) Failure to seek confirmation.--
                          (I) In general.--If the person or 
                        entity has not made an inquiry, under 
                        the mechanism established under 
                        subsection (b)(6), seeking confirmation 
                        of the identity, social security 
                        number, and work eligibility of the 
                        individual, by not later than the end 
                        of 3 working days (as specified by the 
                        Attorney General) after the date of the 
                        hiring, the defense under subparagraph 
                        (A) shall not be considered to apply 
                        with respect to any employment after 
                        such 3 working days, except as provided 
                        in subclause (II).
                          (II) Special rule for failure of 
                        confirmation mechanism.--If such a 
                        person or entity in good faith attempts 
                        to make an inquiry during such 3 
                        working days in order to qualify for 
                        the defense under subparagraph (A) and 
                        the confirmation mechanism has 
                        registered that not all inquiries were 
                        responded to during such time, the 
                        person or entity can make an inquiry in 
                        the first subsequent working day in 
                        which the confirmation mechanism 
                        registers no nonresponses and qualify 
                        for the defense.
                  (ii) Failure to obtain confirmation.--If the 
                person or entity has made the inquiry described 
                in clause (i)(I) but has not received an 
                appropriate confirmation of such identity, 
                number, and work eligibility under such 
                mechanism within the time period specified 
                under subsection (b)(6)(D)(iii) after the time 
                the confirmation inquiry was received, the 
                defense under subparagraph (A) shall not be 
                considered to apply with respect to any 
                employment after the end of such time period.
          * * * * * * *
          (6) Treatment of documentation for certain 
        employees.--
                  (A) In general.--For purposes of paragraphs 
                (1)(B) and (3), if--
                          (i) an individual is a member of a 
                        collective-bargaining unit and is 
                        employed, under a collective bargaining 
                        agreement entered into between one or 
                        more employee organizations and an 
                        association of two or more employers, 
                        by an employer that is a member of such 
                        association, and
                          (ii) within the period specified in 
                        subparagraph (B), another employer that 
                        is a member of the association (or an 
                        agent of such association on behalf of 
                        the employer) has complied with the 
                        requirements of subsection (b) with 
                        respect to the employment of the 
                        individual,

                the subsequent employer shall be deemed to have 
                complied with the requirements of subsection 
                (b) with respect to the hiring of the employee 
                and shall not be liable for civil penalties 
                described in subsection (e)(5).
                  (B) Period.--The period described in this 
                subparagraph is--
                          (i) up to 5 years in the case of an 
                        individual who has presented 
                        documentation identifying the 
                        individual as a national of the United 
                        States or as an alien lawfully admitted 
                        for permanent residence; or
                          (ii) up to 3 years (or, if less, the 
                        period of time that the individual is 
                        authorized to be employed in the United 
                        States) in the case of another 
                        individual.
                  (C) Liability.--
                          (i) In general.--If any employer that 
                        is a member of an association hires for 
                        employment in the United States an 
                        individual and relies upon the 
                        provisions of subparagraph (A) to 
                        comply with the requirements of 
                        subsection (b) and the individual is an 
                        unauthorized alien, then for the 
                        purposes of paragraph (1)(A), subject 
                        to clause (ii), the employer shall be 
                        presumed to have known at the time of 
                        hiring or afterward that the individual 
                        was an unauthorized alien.
                          (ii) Rebuttal of presumption.--The 
                        presumption established by clause (i) 
                        may be rebutted by the employer only 
                        through the presentation of clear and 
                        convincing evidence that the employer 
                        did not know (and could not reasonably 
                        have known) that the individual at the 
                        time of hiring or afterward was an 
                        unauthorized alien.
  (b) Employment Verification System.--The requirements 
referred to in paragraphs (1)(B) and (3) of subsection (a) are, 
in the case of a person or other entity hiring, recruiting, or 
referring an individual for employment in the United States, 
the requirements specified in the following three paragraphs:
          (1) Attestation after examination of documentation.--
                  (A)  * * *
                  (B) Documents establishing both employment 
                authorization and identity.--A document 
                described in this subparagraph is an 
                individual's--
                          (i) United States passport; or
                          [(ii) certificate of United States 
                        citizenship;
                          [(iii) certificate of naturalization;
                          [(iv) unexpired foreign passport, if 
                        the passport has an appropriate, 
                        unexpired endorsement of the Attorney 
                        General authorizing the individual's 
                        employment in the United States; or]
                          [(v)] (ii) resident alien card [or 
                        other alien registration card, if the 
                        card], alien registration card, or 
                        other document designated by regulation 
                        by the Attorney General, if the 
                        document--
                                  (I) contains a photograph of 
                                the individual or such other 
                                personal identifying 
                                information relating to the 
                                individual as the Attorney 
                                General finds, by regulation, 
                                sufficient for purposes of this 
                                subsection, and
                                  (II) is evidence of 
                                authorization of employment in 
                                the United States.
                  [(C) Documents evidencing employment 
                authorization.--A document described in this 
                subparagraph is an individual's--
                          [(i) social security account number 
                        card (other than such a card which 
                        specifies on the face that the issuance 
                        of the card does not authorize 
                        employment in the United States);
                          [(ii) certificate of birth in the 
                        United States or establishing United 
                        States nationality at birth, which 
                        certificate the Attorney General finds, 
                        by regulation, to be acceptable for 
                        purposes of this section; or
                          [(iii) other documentation evidencing 
                        authorization of employment in the 
                        United States which the Attorney 
                        General finds, by regulation, to be 
                        acceptable for purposes of this 
                        section.]
                  (C) Social security account number card as 
                evidence of employment authorization.--A 
                document described in this subparagraph is an 
                individual's social security account number 
                card (other than such a card which specifies on 
                the face that the issuance of the card does not 
                authorize employment in the United States).
                  (D) Documents establishing identity of 
                individual.--A document described in this 
                subparagraph is an individual's--
                          (i) driver's license or similar 
                        document issued for the purpose of 
                        identification by a State, if it 
                        contains a photograph of the individual 
                        or such other personal identifying 
                        information relating to the individual 
                        as the Attorney General finds, by 
                        regulation, sufficient for purposes of 
                        this section; or
                          (ii) in the case of individuals under 
                        16 years of age or in a State which 
                        does not provide for issuance of an 
                        identification document (other than a 
                        driver's license) referred to in clause 
                        (i), documentation of personal identity 
                        of such other type as the Attorney 
                        General finds, by regulation, provides 
                        a reliable means of identification.
          [(2) Individual attestation of employment 
        authorization.--The individual must attest, under 
        penalty of perjury on the form designated or 
        established for purposes of paragraph (1), that the 
        individual is a citizen or national of the United 
        States, an alien lawfully admitted for permanent 
        residence, or an alien who is authorized under this Act 
        or by the Attorney General to be hired, recruited, or 
        referred for such employment.
          [(3) Retention of verification form.--After 
        completion of such form in accordance with paragraphs 
        (1) and (2), the person or entity must retain the form 
        and make it available for inspection by officers of the 
        Service, the Special Counsel for Immigration-Related 
        Unfair Employment Practices, or the Department of Labor 
        during a period beginning on the date of the hiring, 
        recruiting, or referral of the individual and ending--
                  [(A) in the case of the recruiting or 
                referral for a fee (without hiring) of an 
                individual, three years after the date of the 
                recruiting or referral, and
                  [(B) in the case of the hiring of an 
                individual--
                          [(i) three years after the date of 
                        such hiring, or
                          [(ii) one year after the date the 
                        individual's employment is terminated,

                whichever is later.]
          (2) Individual attestation of employment 
        authorization and provision of social security account 
        number.--The individual must--
                  (A) attest, under penalty of perjury on the 
                form designated or established for purposes of 
                paragraph (1), that the individual is a citizen 
                or national of the United States, an alien 
                lawfully admitted for permanent residence, or 
                an alien who is authorized under this Act or by 
                the Attorney General to be hired, recruited, or 
                referred for such employment; and
                  (B) provide on such form the individual's 
                social security account number.
          (3) Retention of verification form and 
        confirmation.--After completion of such form in 
        accordance with paragraphs (1) and (2), the person or 
        entity must--
                  (A) retain the form and make it available for 
                inspection by officers of the Service, the 
                Special Counsel for Immigration-Related Unfair 
                Employment Practices, or the Department of 
                Labor during a period beginning on the date of 
                the hiring, recruiting, or referral of the 
                individual and ending--
                          (i) in the case of the recruiting or 
                        referral for a fee (without hiring) of 
                        an individual, three years after the 
                        date of the recruiting or referral, and
                          (ii) in the case of the hiring of an 
                        individual--
                                  (I) three years after the 
                                date of such hiring, or
                                  (II) one year after the date 
                                the individual's employment is 
                                terminated,

                        whichever is later; and
                  (B) subject to paragraph (7), if the person 
                employs more than 3 employees, seek to have 
                (within 3 working days of the date of hiring) 
                and have (within the time period specified 
                under paragraph (6)(D)(iii)) the identity, 
                social security number, and work eligibility of 
                the individual confirmed in accordance with the 
                procedures established under paragraph (6), 
                except that if the person or entity in good 
                faith attempts to make an inquiry in accordance 
                with the procedures established under paragraph 
                (6) during such 3 working days in order to 
                fulfill the requirements under this 
                subparagraph, and the confirmation mechanism 
                has registered that not all inquiries were 
                responded to during such time, the person or 
                entity shall make an inquiry in the first 
                subsequent working day in which the 
                confirmation mechanism registers no 
                nonresponses.
          (4) Copying of documentation permitted.--
        Notwithstanding any other provision of law, the person 
        or entity may copy a document presented by an 
        individual pursuant to this subsection and may retain 
        the copy, but only (except as otherwise permitted under 
        law) for the purpose of complying with the requirements 
        of this subsection.
          (5) Limitation on use of attestation form.--A form 
        designated or established by the Attorney General under 
        this subsection and any information contained in or 
        appended to such form, may not be used for purposes 
        other than for enforcement of this Act and sections 
        1001, 1028, 1546, and 1621 of title 18, United States 
        Code.
          (6) Employment eligibility confirmation process.--
                  (A) In general.--Subject to paragraph (7), 
                the Attorney General shall establish a 
                confirmation mechanism through which the 
                Attorney General (or a designee of the Attorney 
                General which may include a nongovernmental 
                entity)--
                          (i) responds to inquiries by 
                        employers, made through a toll-free 
                        telephone line or other electronic 
                        media in the form of an appropriate 
                        confirmation code or otherwise, on 
                        whether an individual is authorized to 
                        be employed by that employer, and
                          (ii) maintains a record that such an 
                        inquiry was made and the confirmation 
                        provided (or not provided).
                  (B) Expedited procedure in case of no 
                confirmation.--In connection with subparagraph 
                (A), the Attorney General shall establish, in 
                consultation with the Commissioner of Social 
                Security and the Commissioner of the Service, 
                expedited procedures that shall be used to 
                confirm the validity of information used under 
                the confirmation mechanism in cases in which 
                the confirmation is sought but is not provided 
                through the confirmation mechanism.
                  (C) Design and operation of mechanism.--The 
                confirmation mechanism shall be designed and 
                operated--
                          (i) to maximize the reliability of 
                        the confirmation process, and the ease 
                        of use by employers, recruiters, and 
                        referrers, consistent with insulating 
                        and protecting the privacy and security 
                        of the underlying information, and
                          (ii) to respond to all inquiries made 
                        by employers on whether individuals are 
                        authorized to be employed by those 
                        employers, recruiters, or referrers 
                        registering all times when such 
                        response is not possible.
                  (D) Confirmation process.--(i) As part of the 
                confirmation mechanism, the Commissioner of 
                Social Security shall establish a reliable, 
                secure method, which within the time period 
                specified under clause (iii), compares the name 
                and social security account number provided 
                against such information maintained by the 
                Commissioner in order to confirm (or not 
                confirm) the validity of the information 
                provided and whether the individual has 
                presented a social security account number that 
                is not valid for employment. The Commissioner 
                shall not disclose or release social security 
                information.
                  (ii) As part of the confirmation mechanism, 
                the Commissioner of the Service shall establish 
                a reliable, secure method, which, within the 
                time period specified under clause (iii), 
                compares the name and alien identification 
                number (if any) provided against such 
                information maintained by the Commissioner in 
                order to confirm (or not confirm) the validity 
                of the information provided and whether the 
                alien is authorized to be employed in the 
                United States.
                  (iii) For purposes of this section, the 
                Attorney General (or a designee of the Attorney 
                General) shall provide through the confirmation 
                mechanism confirmation or a tentative 
                nonconfirmation of an individual's employment 
                eligibility within 3 working days of the 
                initial inquiry. In cases of tentative 
                nonconfirmation, the Attorney General shall 
                specify, in consultation with the Commissioner 
                of Social Security and the Commissioner of the 
                Service, an expedited time period not to exceed 
                10 working days within which final confirmation 
                or denial must be provided through the 
                confirmation mechanism in accordance with the 
                procedures under subparagraph (B).
                  (iv) The Commissioners shall update their 
                information in a manner that promotes the 
                maximum accuracy and shall provide a process 
                for the prompt correction of erroneous 
                information.
                  (E) Protections.--(i) In no case shall an 
                individual be denied employment because of 
                inaccurate or inaccessible data under the 
                confirmation mechanism.
                  (ii) The Attorney General shall assure that 
                there is a timely and accessible process to 
                challenge nonconfirmations made through the 
                mechanism.
                  (iii) If an individual would not have been 
                dismissed from a job but for an error of the 
                confirmation mechanism, the individual will be 
                entitled to compensation through the mechanism 
                of the Federal Tort Claims Act.
                  (F) Tester program.--As part of the 
                confirmation mechanism, the Attorney General 
                shall implement a program of testers and 
                investigative activities (similar to testing 
                and other investigative activities assisted 
                under the fair housing initiatives program 
                under section 561 of the Housing and Community 
                Development Act of 1987 to enforce rights under 
                the Fair Housing Act) in order to monitor and 
                prevent unlawful discrimination under the 
                mechanism.
                  (G) Protection from liability for actions 
                taken on the basis of information provided by 
                the employment eligibility confirmation 
                mechanism.--No person shall be civilly or 
                criminally liable for any action taken in good 
                faith reliance on information provided through 
                the employment eligibility confirmation 
                mechanism established under this paragraph 
                (including any pilot program established under 
                paragraph (7)).
          (7) Application of confirmation mechanism through 
        pilot projects.--
                  (A) In general.--Subsection (a)(3)(B) and 
                paragraph (3) shall only apply to individuals 
                hired if they are covered under a pilot project 
                established under this paragraph.
                  (B) Undertaking pilot projects.--For purposes 
                of this paragraph, the Attorney General shall 
                undertake pilot projects for all employers in 
                at least 5 of the 7 States with the highest 
                estimated population of unauthorized aliens, in 
                order to test and assure that the confirmation 
                mechanism described in paragraph (6) is 
                reliable and easy to use. Such projects shall 
                be initiated not later than 6 months after the 
                date of the enactment of this paragraph. The 
                Attorney General, however, shall not establish 
                such mechanism in other States unless Congress 
                so provides by law. The pilot projects shall 
                terminate on such dates, not later than October 
                1, 1999, as the Attorney General determines. At 
                least one such pilot project shall be carried 
                out through a nongovernmental entity as the 
                confirmation mechanism.
          (C) Report.--The Attorney General shall submit to the 
        Congress annual reports in 1997, 1998, and 1999 on the 
        development and implementation of the confirmation 
        mechanism under this paragraph. Such reports may 
        include an analysis of whether the mechanism 
        implemented--
                  (i) is reliable and easy to use;
                  (ii) limits job losses due to inaccurate or 
                unavailable data to less than 1 percent;
                  (iii) increases or decreases discrimination;
                  (iv) protects individual privacy with 
                appropriate policy and technological 
                mechanisms; and
                  (v) burdens individual employers with costs 
                or additional administrative requirements.
          * * * * * * *
  (e) Compliance.--
          (1) Complaints and investigations.--The Attorney 
        General shall establish procedures--
                  (A) for individuals and entities to file 
                written, signed complaints respecting potential 
                violations of subsection (a) or (g)(1),
                  (B) for the investigation of those complaints 
                which, on their face, have a substantial 
                probability of validity,
                  (C) for the investigation of such other 
                violations of subsection (a) or (g)(1) as the 
                Attorney General determines to be appropriate, 
                [and]
                  (D) for the designation in the Service of a 
                unit which has, as its primary duty, the 
                prosecution of cases of violations of 
                subsection (a) or (g)(1) under this 
                subsection[.], and
                  (E) under which a person or entity shall not 
                be considered to have failed to comply with the 
                requirements of subsection (b) based upon a 
                technical or procedural failure to meet a 
                requirement of such subsection in which there 
                was a good faith attempt to comply with the 
                requirement unless (i) the Service (or another 
                enforcement agency) has explained to the person 
                or entity the basis for the failure, (ii) the 
                person or entity has been provided a period of 
                not less than 10 business days (beginning after 
                the date of the explanation) within which to 
                correct the failure, and (iii) the person or 
                entity has not corrected the failure 
                voluntarily within such period, except that 
                this subparagraph shall not apply with respect 
                to the engaging by any person or entity of a 
                pattern or practice of violations of subsection 
                (a)(1)(A) or (a)(2).
          * * * * * * *
  [(i) Effective Dates.--
          [(1) 6-Month public information period.--During the 
        six-month period beginning on the first day of the 
        first month after the date of the enactment of this 
        section--
                  [(A) the Attorney General, in cooperation 
                with the Secretaries of Agriculture, Commerce, 
                Health and Human Services, Labor, and the 
                Treasury and the Administrator of the Small 
                Business Administration, shall disseminate 
                forms and information to employers, employment 
                agencies, and organizations representing 
                employees and provide for public education 
                respecting the requirements of this section, 
                and
                  [(B) the Attorney General shall not conduct 
                any proceeding, nor issue any order, under this 
                section on the basis of any violation alleged 
                to have occurred during the period.
          [(2) 12-Month first citation period.--In the case of 
        a person or entity, in the first instance in which the 
        Attorney General has reason to believe that the person 
        or entity may have violated subsection (a) during the 
        subsequent 12-month period, the Attorney General shall 
        provide a citation to the person or entity indicating 
        that such a violation or violations may have occurred 
        and shall not conduct any proceeding, nor issue any 
        order, under this section on the basis of such alleged 
        violation or violations.
          [(3) Deferral of enforcement with respect to seasonal 
        agricultural services.--
                  [(A) In general.--Except as provided in 
                subparagraph (B), before the end of the 
                application period (as defined in subparagraph 
                (C)(i)), the Attorney General shall not conduct 
                any proceeding, nor impose any penalty, under 
                this section on the basis of any violation 
                alleged to have occurred with respect to 
                employment of an individual in seasonal 
                agricultural services.
                  [(B) Prohibition of recruitment outside the 
                united states.--
                          [(i) In general.--During the 
                        application period, it is unlawful for 
                        a person or entity (including a farm 
                        labor contractor) or an agent of such a 
                        person or entity, to recruit an 
                        unauthorized alien (other than an alien 
                        described in clause (ii)) who is 
                        outside the United States to enter the 
                        United States to perform seasonal 
                        agricultural services.
                          [(ii) Exception.--Clause (i) shall 
                        not apply to an alien who the person or 
                        entity reasonably believes meets the 
                        requirements of section 210(a)(2) of 
                        this Act (relating to performance of 
                        seasonal agricultural services).
                          [(iii) Penalty for violation.--A 
                        person, entity, or agent that violates 
                        clause (i) shall be deemed to be 
                        subject to an order under this section 
                        in the same manner as if it had 
                        violated subsection (a)(1)(A), without 
                        regard to paragraph (2) of this 
                        subsection.
                  [(C) Definitions.--In this paragraph:
                          [(i) Application period.--The term 
                        ``application period'' means the period 
                        described in section 210(a)(1).
                          [(ii) Seasonal agricultural 
                        services.--The term ``seasonal 
                        agricultural services'' has the meaning 
                        given such term in section 210(h).
  [(j) General Accounting Office Reports.--
          [(1) In general.--Beginning one year after the date 
        of enactment of this section, and at intervals of one 
        year thereafter for a period of three years after such 
        date, the Comptroller General shall prepare and 
        transmit to the Congress and to the taskforce 
        established under subsection (k) a report describing 
        the results of a review of the implementation and 
        enforcement of this section during the preceding 
        twelve-month period, for the purpose of determining 
        if--
                  [(A) such provisions have been carried out 
                satisfactorily;
                  [(B) a pattern of discrimination has resulted 
                against citizens or nationals of the United 
                States or against eligible workers seeking 
                employment; and
                  [(C) an unnecessary regulatory burden has 
                been created for employers hiring such workers.
          [(2) Determination on discrimination.--In each 
        report, the Comptroller General shall make a specific 
        determination as to whether the implementation of this 
        section has resulted in a pattern of discrimination in 
        employment (against other than unauthorized aliens) on 
        the basis of national origin.
          [(3) Recommendations.--If the Comptroller General has 
        determined that such a pattern of discrimination has 
        resulted, the report--
                  [(A) shall include a description of the scope 
                of that discrimination, and
                  [(B) may include recommendations for such 
                legislation as may be appropriate to deter or 
                remedy such discrim- ination.
  [(k) Review by Taskforce.--
          [(1) Establishment of joint taskforce.--The Attorney 
        General, jointly with the Chairman of the Commission on 
        Civil Rights and the Chairman of the Equal Employment 
        Opportunity Commission, shall establish a taskforce to 
        review each report of the Comptroller General 
        transmitted under subsection (j)(1).
          [(2) Recommendations to congress.--If the report 
        transmitted includes a determination that the 
        implementation of this section has resulted in a 
        pattern of discrimination in employment (against other 
        than unauthorized aliens) on the basis of national 
        origin, the taskforce shall, taking into consideration 
        any recommendations in the report, report to Congress 
        recommendations for such legislation as may be 
        appropriate to deter or remedy such discrimination.
          [(3) Congressional hearings.--The Committees on the 
        Judiciary of the House of Representatives and of the 
        Senate shall hold hearings respecting any report of the 
        taskforce under paragraph (2) within 60 days after the 
        date of receipt of the report.
  [(l) Termination Date for Employer Sanctions.--
          [(1) If report of widespread discrimination and 
        congressional approval.--The provisions of this section 
        shall terminate 30 calendar days after receipt of the 
        last report required to be transmitted under subsection 
        (j), if--
                  [(A) the Comptroller General determines, and 
                so reports in such report, that a widespread 
                pattern of discrimination has resulted against 
                citizens or nationals of the United States or 
                against eligible workers seeking employment 
                solely from the implementation of this section; 
                and
                  [(B) there is enacted, within such period of 
                30 calendar days, a joint resolution stating in 
                substance that the Congress approves the 
                findings of the Comptroller General contained 
                in such report.
          [(2) Senate procedures for consideration.--Any joint 
        resolution referred to in clause (B) of paragraph (1) 
        shall be considered in the Senate in accordance with 
        subsection (n).
  [(m) Expedited Procedures in the House of Representatives.--
For the purpose of expediting the consideration and adoption of 
joint resolutions under subsection (l), a motion to proceed to 
the consideration of any such joint resolution after it has 
been reported by the appropriate committee shall be treated as 
highly privileged in the House of Representatives.
  [(n) Expedited Procedures in the Senate.--
          [(1) Continuity of session.--For purposes of 
        subsection (l), the continuity of a session of Congress 
        is broken only by an adjournment of the Congress sine 
        die, and the days on which either House is not in 
        session because of an adjournment of more than three 
        days to a day certain are excluded in the computation 
        of the period indicated.
          [(2) Rulemaking power.--Paragraphs (3) and (4) of 
        this subsection are enacted--
                  [(A) as an exercise of the rulemaking power 
                of the Senate and as such they are deemed a 
                part of the rules of the Senate, but applicable 
                only with respect to the procedure to be 
                followed in the Senate in the case of joint 
                resolutions referred to in subsection (l), and 
                supersede other rules of the Senate only to the 
                extent that such paragraphs are inconsistent 
                therewith; and
                  [(B) with full recognition of the 
                constitutional right of the Senate to change 
                such rules at any time, in the same manner as 
                in the case of any other rule of the Senate.
          [(3) Committee consideration.--
                  [(A) Motion to discharge.--If the committee 
                of the Senate to which has been referred a 
                joint resolution relating to the report 
                described in subsection (l) has not reported 
                such joint resolution at the end of ten 
                calendar days after its introduction, not 
                counting any day which is excluded under 
                paragraph (1) of this subsection, it is in 
                order to move either to discharge the committee 
                from further consideration of the joint 
                resolution or to discharge the committee from 
                further consideration of any other joint 
                resolution introduced with respect to the same 
                report which has been referred to the 
                committee, except that no motion to discharge 
                shall be in order after the committee has 
                reported a joint resolution with respect to the 
                same report.
                  [(B) Consideration of motion.--A motion to 
                discharge under subparagraph (A) of this 
                paragraph may be made only by a Senator 
                favoring the joint resolution, is privileged, 
                and debate thereon shall be limited to not more 
                than 1 hour, to be divided equally between 
                those favoring and those opposing the joint 
                resolution, the time to be divided equally 
                between, and controlled by, the majority leader 
                and the minority leader or their designees. An 
                amendment to the motion is not in order, and it 
                is not in order to move to reconsider the vote 
                by which the motion is agreed to or disagreed 
                to.
          [(4) Motion to proceed to consideration.--
                  [(A) In general.--A motion in the Senate to 
                proceed to the consideration of a joint 
                resolution shall be privileged. An amendment to 
                the motion shall not be in order, nor shall it 
                be in order to move to reconsider the vote by 
                which the motion is agreed to or disagreed to.
                  [(B) Debate on resolution.--Debate in the 
                Senate on a joint resolution, and all debatable 
                motions and appeals in connection therewith, 
                shall be limited to not more than 10 hours, to 
                be equally divided between, and controlled by, 
                the majority leader and the minority leader or 
                their designees.
                  [(C) Debate on motion.--Debate in the Senate 
                on any debatable motion or appeal in connection 
                with a joint resolution shall be limited to not 
                more than 1 hour, to be equally divided 
                between, and controlled by, the mover and the 
                manager of the joint resolution, except that in 
                the event the manager of the joint resolution 
                is in favor of any such motion or appeal, the 
                time in opposition thereto shall be controlled 
                by the minority leader or his designee. Such 
                leaders, or either of them, may, from time 
                under their control on the passage of a joint 
                resolution, allot additional time to any 
                Senator during the consideration of any 
                debatable motion or appeal.
                  [(D) Motions to limit debate.--A motion in 
                the Senate to further limit debate on a joint 
                resolution, debatable motion, or appeal is not 
                debatable. No amendment to, or motion to 
                recommit, a joint resolution is in order in the 
                Senate.]

            unfair immigration-related employment practices

  Sec. 274B. (a) Prohibition of Discrimination Based on 
National Origin or Citizenship Status.--
          (1)  * * *
          * * * * * * *
          (3) Definition of protected individual.--As used in 
        paragraph (1), the term ``protected individual'' means 
        an individual who--
                  (A) is a citizen or national of the United 
                States, or
                  (B) is an alien who is lawfully admitted for 
                permanent residence, is granted the status of 
                an alien lawfully admitted for temporary 
                residence under section 210(a)[, 210A(a),] or 
                245A(a)(1), is admitted as a refugee under 
                section 207, or is granted asylum under section 
                208; but does not include (i) an alien who 
                fails to apply for naturalization within six 
                months of the date the alien first becomes 
                eligible (by virtue of period of lawful 
                permanent residence) to apply for 
                naturalization or, if later, within six months 
                after the date of the enactment of this section 
                and (ii) an alien who has applied on a timely 
                basis, but has not been naturalized as a 
                citizen within 2 years after the date of the 
                application, unless the alien can establish 
                that the alien is actively pursuing 
                naturalization, except that time consumed in 
                the Service's processing the application shall 
                not be counted toward the 2-year period.
          * * * * * * *
          (6) Treatment of certain documentary practices as 
        employment practices.--[For] (A) Subject to 
        subparagraph (B), for purposes of paragraph (1), a 
        person's or other entity's request, for purposes of 
        satisfying the requirements of section 274A(b), for 
        more or different documents than are required under 
        such section or refusing to honor documents tendered 
        that on their face reasonably appear to be genuine 
        shall be treated as an unfair immigration-related 
        employment practice relating to the hiring of 
        individuals.
          (B) A person or other entity--
                  (i) may request a document proving a renewal 
                of employment authorization when an individual 
                has previously submitted a time-limited 
                document to satisfy the requirements of section 
                274A(b)(1); or
                  (ii) if possessing reason to believe that an 
                individual presenting a document which 
                reasonably appears on its face to be genuine is 
                nonetheless an unauthorized alien, (I) may 
                inform the individual of the question about the 
                document's validity, and of such person or 
                other entity's intention to verify the validity 
                of such document, and (II) upon receiving 
                confirmation that the individual is 
                unauthorized to work, may dismiss the 
                individual with no benefits or rights accruing 
                on the basis of the period employed.
        Nothing in this provision prohibits an individual from 
        offering alternative documents that satisfy the 
        requirements of section 274A(b)(1).
          * * * * * * *
  (g) Determinations.--
          (1) Order.--The administrative law judge shall issue 
        and cause to be served on the parties to the proceeding 
        an order, which shall be final unless appealed as 
        provided under subsection (i).
          (2) Orders finding violations.--
                  (A) In general.--If, upon the preponderance 
                of the evidence, an administrative law judge 
                determines that any person or entity named in 
                the complaint has engaged in or is engaging in 
                any such unfair immigration-related employment 
                practice, then the judge shall state his 
                findings of fact and shall issue and cause to 
                be served on such person or entity an order 
                which requires such person or entity to cease 
                and desist from such unfair immigration-related 
                employment practice. Such order also shall 
                require the person or entity to comply with the 
                requirements of clauses (ii) and (vi) of 
                subparagraph (B).
                  (B) Contents of order.--[Such an order] 
                Subject to the second sentence of subparagraph 
                (A), such an order also may require the person 
                or entity--
                          (i) to comply with the requirements 
                        of section 274A(b) with respect to 
                        individuals hired (or recruited or 
                        referred for employment for a fee) 
                        during a period of up to three years;
          * * * * * * *
                          (vi) to educate all personnel 
                        involved in hiring and complying with 
                        this section or section 274A about the 
                        requirements of this section or such 
                        section and to certify the fact of such 
                        education;
          * * * * * * *

                      penalties for document fraud

  Sec. 274C. (a) Activities Prohibited.--It is unlawful for any 
person or entity knowingly--
          (1) to forge, counterfeit, alter, or falsely make any 
        document for the purpose of satisfying a requirement of 
        this Act,
          (2) to use, attempt to use, possess, obtain, accept, 
        or receive or to provide any forged, counterfeit, 
        altered, or falsely made document in order to satisfy 
        any requirement of this Act,
          (3) to use or attempt to use or to provide or attempt 
        to provide any document lawfully issued to a person 
        other than the possessor (including a deceased 
        individual) for the purpose of satisfying a requirement 
        of this Act, [or]
          (4) to accept or receive or to provide any document 
        lawfully issued to a person other than the possessor 
        (including a deceased individual) for the purpose of 
        complying with section 274A(b)[.],
          (5) in reckless disregard of the fact that the 
        information is false or does not relate to the 
        applicant, to prepare, to file, or to assist another in 
        preparing or filing, documents which are falsely made 
        for the purpose of satisfying a requirement of this 
        Act,
          (6) to present before boarding a common carrier for 
        the purpose of coming to the United States a document 
        which relates to the alien's eligibility to enter the 
        United States and to fail to present such document to 
        an immigration officer upon arrival at a United States 
        port of entry, or
          (7) to prepare or assist in the preparation and 
        submission of immigration forms, petitions, and 
        applications if the person or entity is not authorized 
        to represent aliens, or to prepare or assist in the 
        preparation and submission of such forms, petitions, 
        and applications pursuant to regulations promulgated by 
        the Attorney General.
For purposes of this section, the term ``falsely made'' 
includes, with respect to a document or application, the 
preparation or provision of the document or application with 
knowledge or in reckless disregard of the fact that such 
document contains a false, fictitious, or fraudulent statement 
or material representation, or has no basis in law or fact, or 
otherwise fails to state a material fact pertaining to the 
document or application. The Attorney General may, in the 
discretion of the Attorney General, waive the penalties of this 
section with respect to an alien who knowingly violates 
paragraph (6) if the alien is granted asylum under section 208 
or withholding of deportation under section 243(h).
          * * * * * * *
  (d) Enforcement.--
          (1)  * * *
          * * * * * * *
          (3) Cease and desist order with civil money 
        penalty.--With respect to a violation of subsection 
        (a), the order under this subsection shall require the 
        person or entity to cease and desist from such 
        violations and to pay a civil penalty in an amount of--
                  (A) not less than $250 and not more than 
                $2,000 for [each document used, accepted, or 
                created and each instance of use, acceptance, 
                or creation] each instance of a violation under 
                subsection (a), or
                  (B) in the case of a person or entity 
                previously subject to an order under this 
                paragraph, not less than $2,000 and not more 
                than $5,000 for [each document used, accepted, 
                or created and each instance of use, 
                acceptance, or creation] each instance of a 
                violation under subsection (a).
        In applying this subsection in the case of a person or 
        entity composed of distinct, physically separate 
        subdivisions each of which provides separately for the 
        hiring, recruiting, or referring for employment, 
        without reference to the practices of, and not under 
        the control of or common control with, another 
        subdivision, each such subdivision shall be considered 
        a separate person or entity.
          * * * * * * *
  (e) Criminal Penalties for Failure To Disclose Role as 
Document Preparer.--
          (1) If a person is required by law or regulation to 
        disclose the fact that the person, on behalf of another 
        person and for a fee or other remuneration, has 
        prepared or assisted in preparing an application for 
        asylum pursuant to section 208, or the regulations 
        promulgated thereunder, and the person knowingly and 
        willfully fails to disclose, conceals, or covers up 
        such fact, and the application was falsely made, the 
        person shall--
                  (A) be imprisoned for not less than 2 nor 
                more than 5 years, fined in accordance with 
                title 18, United States Code, or both, and
                  (B) be prohibited from preparing or assisting 
                in preparing, regardless of whether for a fee 
                or other remuneration, any other such 
                application for a period of at least 5 years 
                and not more than 15 years.
          (2) Whoever, having been convicted of a violation of 
        paragraph (1), knowingly and willfully prepares or 
        assists in preparing an application for asylum pursuant 
        to section 208, or the regulations promulgated 
        thereunder, regardless of whether for a fee or other 
        remuneration, in violation of paragraph (1)(B) shall be 
        imprisoned for not less than 5 years or more than 15 
        years, fined in accordance with title 18, United States 
        Code, or both, and prohibited from preparing or 
        assisting in preparing any other such application.


                 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.

    entry of alien at improper time or place; misrepresentation and 
                          concealment of facts

  Sec. 275. (a) Any alien who (1) enters or attempts to enter 
the United States at any time or place other than as designated 
by immigration officers, or (2) eludes examination or 
inspection by immigration officers, or (3) attempts to enter or 
obtains entry to the United States by a willfully false or 
misleading representation or the willful concealment of a 
material fact, shall, for the first commission of any such 
offense, be fined under title 18, United States Code, or 
imprisoned not more than 6 months, or both, and, for a 
subsequent commission of any such offense, be fined under title 
18, United States Code, or imprisoned not more than 2 years, or 
both.
  (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)] (c) An individual who knowingly enters into a marriage 
for the purpose of evading any provision of the immigration 
laws shall be imprisoned for not more than 5 years, or fined 
not more than $250,000, or both.
  [(c)] (d) Any individual who knowingly establishes a 
commercial enterprise for the purpose of evading any provision 
of the immigration laws shall be imprisoned for not more than 5 
years, fined in accordance with title 18, United States Code, 
or both.

                  reentry of [deported] removed alien

  Sec. 276. (a) Subject to subsection (b), any alien who--
          (1) has been arrested and [deported or excluded and 
        deported] denied admission or removed, and thereafter
          (2) enters, attempts to enter, or is at any time 
        found in, the United States, unless (A) prior to his 
        reembarkation at a place outside the United States or 
        his application for admission from foreign contiguous 
        territory, the Attorney General has expressly consented 
        to such alien's reapplying for admission; or (B) with 
        respect to an alien previously [excluded and deported] 
        denied admission and removed, unless such alien shall 
        establish that he was not required to obtain such 
        advance consent under this or any prior Act,

shall be fined under title 18, United States Code, or 
imprisoned not more than 2 years, or both.
  (b) Notwithstanding subsection (a), in the case of any alien 
described in such subsection--
          (1) whose [deportation] removal was subsequent to a 
        conviction for commission of three or more misdemeanors 
        involving drugs, crimes against the person, or both, or 
        a felony (other than an aggravated felony), such alien 
        shall be fined under title 18, United States Code, 
        imprisoned not more than 10 years, or both; [or]
          (2) whose [deportation] removal was subsequent to a 
        conviction for commission of an aggravated felony, such 
        alien shall be fined under such title, imprisoned not 
        more than 20 years, or both[.]; or
          (3) who has been removed from the United States 
        pursuant to subsection 235(c) because the alien was 
        inadmissible under subsection 212(a)(3)(B) or who has 
        been removed from the United States pursuant to the 
        provisions of title V, and who thereafter, without the 
        permission of the Attorney General, enters the United 
        States or attempts to do so shall be fined under title 
        18, United States Code, and imprisoned for a period of 
        10 years, which sentence shall not run concurrently 
        with any other sentence.
For the purposes of this subsection, the term ``[deportation] 
removal'' includes any agreement in which an alien stipulates 
to [deportation] removal during a criminal trial under either 
Federal or State law.

     aiding or assisting certain aliens to enter the united states

  Sec. 277. Any person who knowingly aids or assists any alien 
[excludable] inadmissible under section 212(a)(2) (insofar as 
an alien [excludable] inadmissible under such section has been 
convicted of an aggravated felony) or 212(a)(3) (other than 
subparagraph (E) thereof) to enter the United States, or who 
connives or conspires with any person or persons to allow, 
procure, or permit any such alien to enter the United States, 
shall be fined under title 18, United States Code, or 
imprisoned not more than 10 years, or both.
          * * * * * * *

                    jurisdiction of district courts

  Sec. 279. [The district courts of the United States shall 
have jurisdiction of all causes, civil and criminal, arising 
under any of the provisions of this title.] 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. It shall be the duty of the 
United States attorney of the proper district to prosecute 
every such suit when brought by the United States. 
Notwithstanding any other law, such prosecutions or suits may 
be instituted at any place in the United States at which the 
violation may occur or at which the person charged with a 
violation under section 275 or 276 may be apprehended. No suit 
or proceeding for a violation of any of the provisions of this 
title shall be settled, compromised, or discontinued without 
the consent of the court in which it is pending and any such 
settlement, compromise, or discontinuance shall be entered of 
record with the reasons therefor. Nothing in this section shall 
be construed as providing jurisdiction for suits against the 
United States or its agencies or officers.

                  collection of penalties and expenses

  Sec. 280. (a) Notwithstanding any other provisions of this 
title, the withholding or denial of clearance of or a lien upon 
any vessel or aircraft provided for in section 231, [237, 239, 
243] 234, 243(c)(2), 251, 253, 254, 255, 256, 271, 272, or 273 
of this title shall not be regarded as the sole and exclusive 
means or remedy for the enforcement of payments of any fine, 
penalty or expenses imposed or incurred under such sections, 
but, in the discretion of the Attorney General, the amount 
thereof may be recovered by civil suit, in the name of the 
United States, from any person made liable under any of such 
sections.
  [(b) Notwithstanding section 3302 of title 31, United States 
Code, the increase in penalties collected resulting from the 
amendments made by sections 203(b), 543(a), and 544 of the 
Immigration Act of 1990 shall be credited to the 
appropriation--
          [(1) for the Immigration and Naturalization Service 
        for activities that enhance enforcement of provisions 
        of this title, including--
                  [(A) the identification, investigation, and 
                apprehension of criminal aliens,
                  [(B) the implementation of the system 
                described in section 242(a)(3)(A), and
                  [(C) 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; and
          [(2) for the Executive Office for Immigration Review 
        in the Department of Justice for the purpose of 
        removing the backlogs in the preparation of transcripts 
        of deportation proceedings conducted under section 
        242.]
  (b)(1) There is established in the general fund of the 
Treasury a separate account which shall be known as the 
``Immigration Enforcement Account''. Notwithstanding any other 
section of this title, there shall be deposited as offsetting 
receipts into the Immigration Enforcement Account amounts 
described in paragraph (2) to remain available until expended.
  (2) The amounts described in this paragraph are the 
following:
          (A) The increase in penalties collected resulting 
        from the amendments made by sections 203(b) and 543(a) 
        of the Immigration Act of 1990.
          (B) Civil penalties collected under sections 240B(d), 
        274C, 274D, and 275(b).
  (3)(A) The Secretary of the Treasury shall refund out of the 
Immigration Enforcement Account to any appropriation the amount 
paid out of such appropriation for expenses incurred by the 
Attorney General for activities that enhance enforcement of 
provisions of this title, including--
          (i) the identification, investigation, apprehension, 
        detention, and removal of criminal aliens;
          (ii) the maintenance and updating of a system to 
        identify and track criminal aliens, deportable aliens, 
        inadmissible aliens, and aliens illegally entering the 
        United States; and
          (iii) for the repair, maintenance, or construction on 
        the United States border, in areas experiencing high 
        levels of apprehensions of illegal aliens, of 
        structures to deter illegal entry into the United 
        States.
  (B) The amounts which are required to be refunded under 
subparagraph (A) shall be refunded at least quarterly on the 
basis of estimates made by the Attorney General of the expenses 
referred to in subparagraph (A). Proper adjustments shall be 
made in the amounts subsequently refunded under subparagraph 
(A) to the extent prior estimates were in excess of, or less 
than, the amount required to be refunded under subparagraph 
(A).

                        Chapter 9--Miscellaneous

          * * * * * * *

   disposition of moneys collected under the provisions of this title

  Sec. 286. (a)  * * *
          * * * * * * *
  (h) Disposition of Receipts.--(1)(A) There is established in 
the general fund of the Treasury a separate account which shall 
be known as the ``Immigration User Fee Account''. 
Notwithstanding any other section of this title, there shall be 
deposited as offsetting receipts into the Immigration User Fee 
Account all fees collected under subsection (d) of this 
section, to remain available until expended. At the end of each 
2-year period, beginning with the creation of this account, the 
Attorney General, following a public rulemaking with 
opportunity for notice and comment, shall submit a report to 
the Congress concerning the status of the account, including 
any balances therein, and recommend any adjustment in the 
prescribed fee that may be required to ensure that the receipts 
collected from the fee charged for the succeeding two years 
equal, as closely as possible, the cost of providing these 
services.
  (B) Notwithstanding any other provisions of law, all civil 
fines or penalties collected pursuant to sections [271] 243(c), 
271, and 273 of this title and all liquidated damages and 
expenses collected pursuant to this Act shall be deposited in 
the Immigration User Fee Account.
  (2)(A) The Secretary of the Treasury shall refund out of the 
Immigration User Fee Account to any appropriation the amount 
paid out of such appropriation for expenses incurred by the 
Attorney General in providing immigration inspection and 
preinspection services for commercial aircraft or vessels and 
in--
          (i) providing overtime immigration inspection 
        services for commercial aircraft or vessels;
          (ii) administration of debt recovery, including the 
        establishment and operation of a national collections 
        office;
          (iii) expansion, operation and maintenance of 
        information systems for nonimmigrant control and debt 
        collection;
          (iv) detection of fraudulent documents used by 
        passengers traveling to the United States, including 
        training of, and technical assistance to, commercial 
        airline personnel regarding such detection; [and]
          (v) providing detention and [deportation] removal 
        services for[: excludable] inadmissible aliens arriving 
        on commercial aircraft and vessels[; and] and for any 
        alien who is [excludable] inadmissible under section 
        212(a) who has attempted illegal entry into the United 
        States through avoidance of immigration inspection at 
        air or sea ports-of-entry[.]; and
          (vi) providing [exclusion] removal and asylum 
        proceedings at air or sea ports-of-entry for[: 
        excludable] inadmissible aliens arriving on commercial 
        aircraft and vessels including immigration [exclusion] 
        removal proceedings resulting from presentation of 
        fraudulent documents and failure to present 
        documentation[; and] and for any alien who is 
        [excludable] inadmissible under section 212(a) who has 
        attempted illegal entry into the United States through 
        avoidance of immigration inspection at air or sea 
        ports-of-entry.
The Attorney General shall provide for expenditures for 
training and assistance described in clause (iv) in an amount, 
for any fiscal year, not less than 5 percent of the total of 
the expenses incurred that are described in the previous 
sentence.
  (B) 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).
          * * * * * * *
  (q) Land Border Inspection Fee Account.--(1) Notwithstanding 
any other provision of law, the Attorney General is authorized 
to establish, by regulation, [a project] projects under which a 
fee may be charged and collected for inspection services 
provided at one or more land border points of entry. [Such 
project] 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.
          * * * * * * *
  [(5)(A) The program authorized in this subsection shall 
terminate on September 30, 1993, unless further authorized by 
an Act of Congress.
  [(B) The provisions set forth in this subsection shall take 
effect 30 days after submission of a written plan by the 
Attorney General detailing the proposed implementation of the 
project specified in paragraph (1).
  [(C) If implemented, the Attorney General shall prepare and 
submit on a quarterly basis, until September 30, 1993, a status 
report on the land border inspection project.]
  (r) Breached Bond/Detention Fund.--
          (1)  * * *
          * * * * * * *
          (4) The amount required to be refunded from the Fund 
        for fiscal year 1994 and thereafter shall be refunded 
        in accordance with estimates made in the budget request 
        of the Attorney General for those fiscal years: 
        Provided, That any proposed changes in the amounts 
        designated in said 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 606 of Public Law 102-395.
          * * * * * * *
          (6) For fiscal year 1993 only, the Attorney General 
        may transfer up to $1,000,000 from the Immigration User 
        Fee Account to the Fund for initial expenses necessary 
        to enhance collection efforts: Provided, That any such 
        transfers shall be refunded from Fund back to the 
        Immigration User Fee Account by December 31, 1993.
          * * * * * * *

              powers of immigration officers and employees

  Sec. 287. (a) Any officer or employee of the Service 
authorized under regulations prescribed by the Attorney General 
shall have power without warrant--
          (1) to interrogate any alien or person believed to be 
        an alien as to his right to be or to remain in the 
        United States;
          (2) to arrest any alien who in his presence or view 
        is entering or attempting to enter the United States in 
        violation of any law or regulation made in pursuance of 
        law regulating the admission, exclusion, [or expulsion] 
        expulsion, or removal of aliens, or to arrest any alien 
        in the United States, if he has reason to believe that 
        the alien so arrested is in the United States in 
        violation of any such law or regulation and is likely 
        to escape before a warrant can be obtained for his 
        arrest, but the alien arrested shall be taken without 
        unnecessary delay for examination before an officer of 
        the Service having authority to examine aliens as to 
        their right to enter or remain in the United States;
          * * * * * * *
          (4) to make arrests for felonies which have been 
        committed and which are cognizable under any law of the 
        United States regulating the admission, exclusion, [or 
        expulsion] expulsion, or removal of aliens, if he has 
        reason to believe that the person so arrested is guilty 
        of such felony and if there is likelihood of the person 
        escaping before a warrant can be obtained for his 
        arrest, but the person arrested shall be taken without 
        unnecessary delay before the nearest available officer 
        empowered to commit persons charged with offenses 
        against the laws of the United States; and
          * * * * * * *
  (c) Any officer or employee of the Service authorized and 
designated under regulations prescribed by the Attorney 
General, whether individually or as one of a class, shall have 
power to conduct a search, without warrant, of the person, and 
of the personal effects in the possession of any person seeking 
admission to the United States, concerning whom such officer or 
employee may have reasonable cause to suspect that grounds 
exist for [exclusion from] denial of admission to the United 
States under this Act which would be disclosed by such search.
          * * * * * * *
  (f)(1) Under regulations of the Attorney General, the 
Commissioner shall provide for the fingerprinting and 
photographing of each alien 14 years of age or older against 
whom a proceeding is commenced under section [242] 240.
  (2) Such fingerprints and photographs shall be made available 
to Federal, State, and local law enforcement agencies, upon 
request.
          * * * * * * *

     central file; information from other departments and agencies

  Sec. 290. (a) There shall be established in the office of the 
Commissioner, for the use of the security and enforcement 
agencies of the Government of the United States, a central 
index, which shall contain the names of all aliens heretofore 
[admitted to the United States, or excluded therefrom] admitted 
or denied admission to the United States, insofar as such 
information is available from the existing records of the 
Service, and the names of all aliens hereafter [admitted to the 
United States, or excluded therefrom] admitted or denied 
admission to the United States, the names of their sponsors of 
record, if any, and such other relevant information as the 
Attorney General shall require as an aid to the proper 
enforcement of this Act.
  (b) Any information in any records kept by any department or 
agency of the Government as to the identity and location of 
aliens in the United States shall be made available to the 
Service upon request made by the Attorney General to the head 
of any such department or agency.
  [(c) The Secretary of Health and Human Services shall notify 
the Attorney General upon request whenever any alien is issued 
a social security account number and social security card. The 
Secretary shall also furnish such available information as may 
be requested by the Attorney General regarding the identity and 
location of aliens in the United States.]
  (c)(1) Not later than 3 months after the end of each fiscal 
year (beginning with fiscal year 1995), the Commissioner of 
Social Security shall report to the Committees on the Judiciary 
of the House of Representatives and the Senate on the aggregate 
number of social security account numbers issued to aliens not 
authorized to be employed to which earnings were reported to 
the Social Security Administration in such fiscal year.
  (2) If earnings are reported on or after January 1, 1996, to 
the Social Security Administration on a social security account 
number issued to an alien not authorized to work in the United 
States, the Commissioner of Social Security shall provide the 
Attorney General with information regarding the name and 
address of the alien, the name and address of the person 
reporting the earnings, and the amount of the earnings. The 
information shall be provided in an electronic form agreed upon 
by the Commissioner and the Attorney General.
          * * * * * * *

                            burden of proof

  Sec. 291. Whenever any person makes application for a visa or 
any other document required for entry, or makes application for 
admission, or otherwise attempts to enter the United States, 
the burden of proof shall be upon such person to establish that 
he is eligible to receive such visa or such document, or is not 
[subject to exclusion] inadmissible under any provision of this 
Act, and, if an alien, that he is entitled to the nonimmigrant; 
[immigrant, special immigrant, immediate relative] immigrant 
status, special immigrant status, status as a spouse or child 
of a citizen of the United States, or refugee status claimed, 
as the case may be. If such person fails to establish to the 
satisfaction of the consular officer that he is eligible to 
receive a visa or other document required for entry, no visa or 
other document required for entry shall be issued to such 
person, nor shall such person be admitted to the United States 
unless he establishes to the satisfaction of the Attorney 
General that he is not [subject to exclusion] inadmissible 
under any provision of this Act. In any [deportation] removal 
proceeding under chapter [5] 4 against any person, the burden 
of proof shall be upon such person to show the time, place, and 
manner of his entry into the United States, but in presenting 
such proof he shall be entitled to the production of his visa 
or other entry document, if any, and of any other documents and 
records, not considered by the Attorney General to be 
confidential, pertaining to such entry in the custody of the 
Service. If such burden of proof is not sustained, such person 
shall be presumed to be in the United States in violation of 
law.

                            right to counsel

  Sec. 292. In any [exclusion or deportation] removal 
proceedings before [a special inquiry officer] an immigration 
judge and in any appeal proceedings before the Attorney General 
from any such [exclusion or deportation] removal proceedings, 
the person concerned shall have the privilege of being 
represented (at no expense to the Government) by such counsel, 
authorized to practice in such proceedings, as he shall choose.
          * * * * * * *


                   undercover investigation authority


  Sec. 294. (a) In General.--With respect to any undercover 
investigative operation of the Service which is necessary for 
the detection and prosecution of crimes against the United 
States--
          (1) sums appropriated for the Service may be used for 
        leasing space within the United States and the 
        territories and possessions of the United States 
        without regard to the following provisions of law:
                  (A) section 3679(a) of the Revised Statutes 
                (31 U.S.C. 1341),
                  (B) section 3732(a) of the Revised Statutes 
                (41 U.S.C. 11(a)),
                  (C) section 305 of the Act of June 30, 1949 
                (63 Stat. 396; 41 U.S.C. 255),
                  (D) the third undesignated paragraph under 
                the heading ``Miscellaneous'' of the Act of 
                March 3, 1877 (19 Stat. 370; 40 U.S.C. 34),
                  (E) section 3648 of the Revised Statutes (31 
                U.S.C. 3324),
                  (F) section 3741 of the Revised Statutes (41 
                U.S.C. 22), and
                  (G) subsections (a) and (c) of section 304 of 
                the Federal Property and Administrative 
                Services Act of 1949 (63 Stat. 395; 41 U.S.C. 
                254 (a) and (c));
          (2) sums appropriated for the Service may be used to 
        establish or to acquire proprietary corporations or 
        business entities as part of an undercover operation, 
        and to operate such corporations or business entities 
        on a commercial basis, without regard to the provisions 
        of section 304 of the Government Corporation Control 
        Act (31 U.S.C. 9102);
          (3) sums appropriated for the Service, and the 
        proceeds from the undercover operation, may be 
        deposited in banks or other financial institutions 
        without regard to the provisions of section 648 of 
        title 18, United States Code, and of section 3639 of 
        the Revised Statutes (31 U.S.C. 3302); and
          (4) the proceeds from the undercover operation may be 
        used to offset necessary and reasonable expenses 
        incurred in such operation without regard to the 
        provisions of section 3617 of the Revised Statutes (31 
        U.S.C. 3302).
The authority set forth in this subsection may be exercised 
only upon written certification of the Commissioner, in 
consultation with the Deputy Attorney General, that any action 
authorized by paragraph (1), (2), (3), or (4) is necessary for 
the conduct of the undercover operation.
  (b) Disposition of Proceeds No Longer Required.--As soon as 
practicable after the proceeds from an undercover investigative 
operation, carried out under paragraphs (3) and (4) of 
subsection (a), are no longer necessary for the conduct of the 
operation, the proceeds or the balance of the proceeds 
remaining at the time shall be deposited into the Treasury of 
the United States as miscellaneous receipts.
  (c) Disposition of Certain Corporations and Business 
Entities.--If a corporation or business entity established or 
acquired as part of an undercover operation under paragraph (2) 
of subsection (a) with a net value of over $50,000 is to be 
liquidated, sold, or otherwise disposed of, the Service, as 
much in advance as the Commissioner or Commissioner's designee 
determines practicable, shall report the circumstances to the 
Attorney General, the Director of the Office of Management and 
Budget, and the Comptroller General. The proceeds of the 
liquidation, sale, or other disposition, after obligations are 
met, shall be deposited in the Treasury of the United States as 
miscellaneous receipts.
  (d) Financial Audits.--The Service shall conduct detailed 
financial audits of closed undercover operations on a quarterly 
basis and shall report the results of the audits in writing to 
the Deputy Attorney General.

               TITLE III--NATIONALITY AND NATURALIZATION

          * * * * * * *

             Chapter 2--Nationality Through Naturalization

          * * * * * * *

 requirements as to residence, good moral character, attachment to the 
principles of the constitution, and favorable disposition to the united 
                                 states

  Sec. 316. (a) No person, except as otherwise provided in this 
title, shall be naturalized, unless such applicant, (1) 
immediately preceding the date of filing his application for 
naturalization has resided continuously, after being lawfully 
admitted for permanent residence, within the United States for 
at least five years and during the five years immediately 
preceding the date of filing his application has been 
physically present therein for periods totaling at least half 
of that time, and who has resided within the State or within 
the district of the Service in the United States in which the 
applicant filed the application for at least three months, (2) 
has resided continuously within the United States from the date 
of the application up to the time of admission to citizenship, 
[and] (3) during all the periods referred to in this subsection 
has been and still is a person of good moral character, 
attached to the principles of the Constitution of the United 
States, and well disposed to the good order and happiness of 
the United States, and (4) in the case of an applicant that has 
received assistance under a means-tested public benefits 
program (as defined in subsection (f)(3) of section 213A) 
administered by a Federal, State, or local agency and with 
respect to which amounts may be owing under an affidavit of 
support executed under such section, provides satisfactory 
evidence that there are no outstanding amounts that may be owed 
to any such Federal, State, or local agency pursuant to such 
affidavit by the sponsor who executed such affidavit, except as 
provided in subsection (g).
          * * * * * * *
  (f)(1) Whenever the Director of Central Intelligence, the 
Attorney General and the Commissioner of Immigration determine 
that an applicant otherwise eligible for naturalization has 
made an extraordinary contribution to the national security of 
the United States or to the conduct of United States 
intelligence activities, the applicant may be naturalized 
without regard to the residence and physical presence 
requirements of this section, or to the prohibitions of section 
313 of this Act, and no residence within a particular State or 
district of the Service in the United States shall be required: 
Provided, That the applicant has continuously resided in the 
United States for at least one year prior to naturalization: 
Provided further, That the provisions of this subsection shall 
not apply to any alien described in [subparagraphs (A) through 
(D) of paragraph 243(h)(2)] clauses (i) through (v) of section 
208(b)(2)(A) of this Act.
          * * * * * * *
  (g) Clause (4) of subsection (a) shall not apply to an 
applicant where the applicant can demonstrate that--
          (A) either--
                  (i) the applicant has been battered or 
                subject to extreme cruelty in the United States 
                by a spouse or parent or by a member of the 
                spouse or parent's family residing in the same 
                household as the applicant and the spouse or 
                parent consented or acquiesced to such battery 
                or cruelty, or
                  (ii) the applicant's child has been battered 
                or subject to extreme cruelty in the United 
                States by the applicant's spouse or parent 
                (without the active participation of the 
                applicant in the battery or extreme cruelty), 
                or by a member of the spouse or parent's family 
                residing in the same household as the applicant 
                when the spouse or parent consented or 
                acquiesced to and the applicant did not 
                actively participate in such battery or 
                cruelty;
          (B) such battery or cruelty has led to the issuance 
        of an order of a judge or an administrative law judge 
        or a prior determination of the Service; and
          (C) the need for the public benefits received as to 
        which amounts are owing had a substantial connection to 
        the battery or cruelty described in subparagraph (A).

            prerequisite to naturalization; burden of proof

  Sec. 318. Except as otherwise provided in this title, no 
person shall be naturalized unless he has been lawfully 
admitted to the United States for permanent residence in 
accordance with all applicable provisions of this Act. The 
burden of proof shall be upon such person to show that he 
entered the United States lawfully, and the time, place, and 
manner of such entry into the United States, but in presenting 
such proof he shall be entitled to the production of his 
immigrant visa, if any, or of other entry document, if any, and 
of any other documents and records, not considered by the 
Attorney General to be confidential, pertaining to such entry, 
in the custody of the Service. Notwithstanding the provisions 
of section 405(b), and except as provided in sections 328 and 
329 no person shall be naturalized against whom there is 
outstanding a final finding of deportability pursuant to a 
warrant of arrest issued under the provisions of this or any 
other Act; and no application for naturalization shall be 
considered by the Attorney General if there is pending against 
the applicant a [deportation] removal proceeding pursuant to a 
warrant of arrest issued under the provisions of this or any 
other Act: Provided, That the findings of the Attorney General 
in terminating [deportation] removal proceedings or in 
[suspending] canceling the [deportation] removal of an alien 
pursuant to the provisions of this Act, shall not be deemed 
binding in any way upon the Attorney General with respect to 
the question of whether such person has established his 
eligibility for naturalization as required by this title.
          * * * * * * *

                     Chapter 3--Loss of Nationality

          * * * * * * *

                  restrictions on loss of nationality

  Sec. 351. (a) Except as provided in paragraphs (6) and (7) of 
section 349(a) of this title, no national of the United States 
can lose United States nationality[,] under this Act while 
within the United States or any of its outlying possessions, 
but loss of nationality shall result from the performance 
within the United States or any of its outlying possessions of 
any of the acts or the fulfillment of any of the conditions 
specified in this chapter if and when the national thereafter 
takes up a residence outside the United States and its outlying 
possessions.
          * * * * * * *

                        Chapter 4--Miscellaneous

          * * * * * * *

 proceedings for declaration of united states nationality in the event 
             of denial of rights and privileges as national

  Sec. 360. (a) If any person who is within the United States 
claims a right or privilege as a national of the United States 
and is denied such right or privilege by any department or 
independent agency, or official thereof, upon the ground that 
he is not a national of the United States, such person may 
institute an action under the provisions of section 2201 of 
title 28, United States Code, against the head of such 
department or independent agency for a judgment declaring him 
to be a national of the United States, except that no such 
action may be instituted in any case if the issue of such 
person's status as a national of the United States (1) arose by 
reason of or in connection with any [exclusion] removal 
proceeding under the provisions of this or any other act, or 
(2) is in issue in any such [exclusion] removal proceeding. An 
action under this subsection may be instituted only within five 
years after the final administrative denial of such right or 
privilege and shall be filed in the district court of the 
United States for the district in which such person resides or 
claims a residence, and jurisdiction over such officials in 
such cases is hereby conferred upon those courts.
          * * * * * * *
  (c) A person who has been issued a certificate of identity 
under the provisions of subsection (b), and while in possession 
thereof, may apply for admission to the United States at any 
port of entry, and shall be subject to all the provisions of 
this Act relating to the conduct of proceedings involving 
aliens seeking admission to the United States. A final 
determination by the Attorney General that any such person is 
not entitled to admission to the United States shall be subject 
to review by any court of competent jurisdiction in habeas 
corpus proceedings and not otherwise. Any person described in 
this section who is finally [excluded from] denied admission to 
the United States shall be subject to all the provisions of 
this Act relating to aliens seeking admission to the United 
States.
          * * * * * * *

             TITLE IV--MISCELLANEOUS AND REFUGEE ASSISTANCE

          * * * * * * *

                     Chapter 2--Refugee Assistance

          * * * * * * *

authorization for programs for domestic resettlement of and assistance 
                              to refugees

  Sec. 412. (a)  * * *
  (b) Program of Initial Resettlement. --(1)  * * *
          * * * * * * *
  (3) The Secretary is authorized[,] to make arrangements 
(including cooperative arrangements with other Federal 
agencies) for the temporary care of refugees in the United 
States in emergency circumstances, including the establishment 
of processing centers, if necessary, without regard to such 
provisions of law (other than the Renegotiation Act of 1951 and 
section 414(b) of this chapter) regulating the making, 
performance, amendment, or modification of contracts and the 
expenditure of funds of the United States Government as the 
Secretary may specify.
  (4) The Secretary[,] shall--
          (A) assure that an adequate number of trained staff 
        are available at the location at which the refugees 
        enter the United States to assure that all necessary 
        medical records are available and in proper order;
          * * * * * * *

        TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS


                              definitions


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


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


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


        application for initiation of special removal proceeding


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


                      consideration of application


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


                        special removal hearings


  Sec. 505. (a) In General.--In any case in which the 
application for the order is approved under section 504, a 
special removal hearing shall be conducted under this section 
for the purpose of determining whether the alien to whom the 
order pertains should be removed from the United States on the 
grounds that the alien is an alien terrorist. Consistent with 
section 506, the alien shall be given reasonable notice of the 
nature of the charges against the alien and a general account 
of the basis for the charges. The alien shall be given notice, 
reasonable under all the circumstances, of the time and place 
at which the hearing will be held. The hearing shall be held as 
expeditiously as possible.
  (b) Use of Same Judge.--The special removal hearing shall be 
held before the same judge who granted the order pursuant to 
section 504 unless that judge is deemed unavailable due to 
illness or disability by the chief judge of the special removal 
court, or has died, in which case the chief judge shall assign 
another judge to conduct the special removal hearing. A 
decision by the chief judge pursuant to the preceding sentence 
shall not be subject to review by either the alien or the 
Department of Justice.
  (c) Rights in Hearing.--
          (1) Public hearing.--The special removal hearing 
        shall be open to the public.
          (2) Right of counsel.--The alien shall have a right 
        to be present at such hearing and to be represented by 
        counsel. Any alien financially unable to obtain counsel 
        shall be entitled to have counsel assigned to represent 
        the alien. Such counsel shall be appointed by the judge 
        pursuant to the plan for furnishing representation for 
        any person financially unable to obtain adequate 
        representation for the district in which the hearing is 
        conducted, as provided for in section 3006A of title 
        18, United States Code. All provisions of that section 
        shall apply and, for purposes of determining the 
        maximum amount of compensation, the matter shall be 
        treated as if a felony was charged.
          (3) Introduction of evidence.--The alien shall have a 
        right to introduce evidence on the alien's own behalf.
          (4) Examination of witnesses.--Except as provided in 
        section 506, the alien shall have a reasonable 
        opportunity to examine the evidence against the alien 
        and to cross-examine any witness.
          (5) Record.--A verbatim record of the proceedings and 
        of all testimony and evidence offered or produced at 
        such a hearing shall be kept.
          (6) Decision based on evidence at hearing.--The 
        decision of the judge in the hearing shall be based 
        only on the evidence introduced at the hearing, 
        including evidence introduced under subsection (e).
          (7) No right to ancillary relief.--In the hearing, 
        the judge is not authorized to consider or provide for 
        relief from removal based on any of the following:
                  (A) Asylum under section 208.
                  (B) Withholding of removal under section 
                241(b)(3).
                  (C) Cancellation of removal under section 
                240A.
                  (D) Voluntary departure under section 240B.
                  (E) Adjustment of status under section 245.
                  (F) Registry under section 249.
  (d) Subpoenas.--
          (1) Request.--At any time prior to the conclusion of 
        the special removal hearing, either the alien or the 
        Department of Justice may request the judge to issue a 
        subpoena for the presence of a named witness (which 
        subpoena may also command the person to whom it is 
        directed to produce books, papers, documents, or other 
        objects designated therein) upon a satisfactory showing 
        that the presence of the witness is necessary for the 
        determination of any material matter. Such a request 
        may be made ex parte except that the judge shall inform 
        the Department of Justice of any request for a subpoena 
        by the alien for a witness or material if compliance 
        with such a subpoena would reveal evidence or the 
        source of evidence which has been introduced, or which 
        the Department of Justice has received permission to 
        introduce, in camera and ex parte pursuant to 
        subsection (e) and section 506, and the Department of 
        Justice shall be given a reasonable opportunity to 
        oppose the issuance of such a subpoena.
          (2) Payment for attendance.--If an application for a 
        subpoena by the alien also makes a showing that the 
        alien is financially unable to pay for the attendance 
        of a witness so requested, the court may order the 
        costs incurred by the process and the fees of the 
        witness so subpoenaed to be paid from funds 
        appropriated for the enforcement of title II.
          (3) Nationwide service.--A subpoena under this 
        subsection may be served anywhere in the United States.
          (4) Witness fees.--A witness subpoenaed under this 
        subsection shall receive the same fees and expenses as 
        a witness subpoenaed in connection with a civil 
        proceeding in a court of the United States.
          (5) No access to classified information.--Nothing in 
        this subsection is intended to allow an alien to have 
        access to classified information.
  (e) Introduction of Classified Information.--
          (1) In general.--When classified information has been 
        summarized pursuant to section 506(b) or where a 
        finding has been made under section 506(b)(5) that no 
        summary is possible, classified information shall be 
        introduced (either in writing or through testimony) in 
        camera and ex parte and neither the alien nor the 
        public shall be informed of such evidence or its 
        sources other than through reference to the summary 
        provided pursuant to such section. Notwithstanding the 
        previous sentence, the Department of Justice may, in 
        its discretion and, in the case of classified 
        information, after coordination with the originating 
        agency, elect to introduce such evidence in open 
        session.
          (2) Treatment of electronic surveillance 
        information.--
                  (A) Use of electronic surveillance.--The 
                Government is authorized to use in a special 
                removal proceedings the fruits of electronic 
                surveillance and unconsented physical searches 
                authorized under the Foreign Intelligence 
                Surveillance Act of 1978 (50 U.S.C. 1801 et 
                seq.) without regard to subsections (c), (e), 
                (f), (g), and (h) of section 106 of that Act.
                  (B) No discovery of electronic surveillance 
                information.--An alien subject to removal under 
                this title shall have no right of discovery of 
                information derived from electronic 
                surveillance authorized under the Foreign 
                Intelligence Surveillance Act of 1978 or 
                otherwise for national security purposes. Nor 
                shall such alien have the right to seek 
                suppression of evidence.
                  (C) Certain procedures not applicable.--The 
                provisions and requirements of section 3504 of 
                title 18, United States Code, shall not apply 
                to procedures under this title.
          (3) Rights of united states.--Nothing in this section 
        shall prevent the United States from seeking protective 
        orders and from asserting privileges ordinarily 
        available to the United States to protect against the 
        disclosure of classified information, including the 
        invocation of the military and state secrets 
        privileges.
  (f) Inclusion of Certain Evidence.--The Federal Rules of 
Evidence shall not apply to hearings under this section. 
Evidence introduced at the special removal hearing, either in 
open session or in camera and ex parte, may, in the discretion 
of the Department of Justice, include all or part of the 
information presented under section 504 used to obtain the 
order for the hearing under this section.
  (g) Arguments.--Following the receipt of evidence, the 
attorneys for the Department of Justice and for the alien shall 
be given fair opportunity to present argument as to whether the 
evidence is sufficient to justify the removal of the alien. The 
attorney for the Department of Justice shall open the argument. 
The attorney for the alien shall be permitted to reply. The 
attorney for the Department of Justice shall then be permitted 
to reply in rebuttal. The judge may allow any part of the 
argument that refers to evidence received in camera and ex 
parte to be heard in camera and ex parte.
  (h) Burden of Proof.--In the hearing the Department of 
Justice has the burden of showing by clear and convincing 
evidence that the alien is subject to removal because the alien 
is an alien terrorist. If the judge finds that the Department 
of Justice has met this burden, the judge shall order the alien 
removed and detained pending removal from the United States. If 
the alien was released pending the special removal hearing, the 
judge shall order the Attorney General to take the alien into 
custody.
  (i) Written Order.--At the time of rendering a decision as to 
whether the alien shall be removed, the judge shall prepare a 
written order containing a statement of facts found and 
conclusions of law. Any portion of the order that would reveal 
the substance or source of information received in camera and 
ex parte pursuant to subsection (e) shall not be made available 
to the alien or the public.


                consideration of classified information


  Sec. 506. (a) Consideration In Camera and Ex Parte.--In any 
case in which the application for the order authorizing the 
special procedures of this title is approved, the judge who 
granted the order shall consider each item of classified 
information the Department of Justice proposes to introduce in 
camera and ex parte at the special removal hearing and shall 
order the introduction of such information pursuant to section 
505(e) if the judge determines the information to be relevant.
  (b) Preparation and Provision of Written Summary.--
          (1) Preparation.--The Department of Justice shall 
        prepare a written summary of such classified 
        information which does not pose a risk to national 
        security.
          (2) Conditions for approval by judge and provision to 
        alien.--The judge shall approve the summary so long as 
        the judge finds that the summary is sufficient--
                  (A) to inform the alien of the general nature 
                of the evidence that the alien is an alien 
                terrorist, and
                  (B) to permit the alien to prepare a defense 
                against removal.
        The Department of Justice shall cause to be delivered 
        to the alien a copy of the summary.
          (3) Opportunity for correction and resubmittal.--If 
        the judge does not approve the summary, the judge shall 
        provide the Department a reasonable opportunity to 
        correct the deficiencies identified by the court and to 
        submit a revised summary.
          (4) Conditions for termination of proceedings if 
        summary not approved.--
                  (A) In general.--If, subsequent to the 
                opportunity described in paragraph (3), the 
                judge does not approve the summary, the judge 
                shall terminate the special removal hearing 
                unless the judge makes the findings described 
                in subparagraph (B).
                  (B) Findings.--The findings described in this 
                subparagraph are, with respect to an alien, 
                that--
                          (i) the continued presence of the 
                        alien in the United States would likely 
                        cause serious and irreparable harm to 
                        the national security or death or 
                        serious bodily injury to any person, 
                        and
                          (ii) the provision of the required 
                        summary would likely cause serious and 
                        irreparable harm to the national 
                        security or death or serious bodily 
                        injury to any person.
          (5) Continuation of hearing without summary.--If a 
        judge makes the findings described in paragraph 
        (4)(B)--
                  (A) if the alien involved is an alien 
                lawfully admitted for permanent residence, the 
                procedures described in subsection (c) shall 
                apply; and
                  (B) in all cases the special removal hearing 
                shall continue, the Department of Justice shall 
                cause to be delivered to the alien a statement 
                that no summary is possible, and the classified 
                information submitted in camera and ex parte 
                may be used pursuant to section 505(e).
  (c) Special Procedures for Access and Challenges to 
Classified Information by Special Attorneys in Case of Lawful 
Permanent Aliens.--
          (1) In general.--The procedures described in this 
        subsection are that the judge (under rules of the 
        special removal court) shall designate a special 
        attorney to assist the alien--
                  (A) by reviewing in camera the classified 
                information on behalf of the alien, and
                  (B) by challenging through an in camera 
                proceeding the veracity of the evidence 
                contained in the classified information.
          (2) Restrictions on disclosure.--A special attorney 
        receiving classified information under paragraph (1)--
                  (A) shall not disclose the information to the 
                alien or to any other attorney representing the 
                alien, and
                  (B) who discloses such information in 
                violation of subparagraph (A) shall be subject 
                to a fine under title 18, United States Code, 
                imprisoned for not less than 10 years nor more 
                than 25 years, or both.


                                appeals


  Sec. 507. (a) Appeals of Denials of Applications for 
Orders.--The Department of Justice may seek a review of the 
denial of an order sought in an application by the United 
States Court of Appeals for the District of Columbia Circuit by 
notice of appeal which must be filed within 20 days after the 
date of such denial. In such a case the entire record of the 
proceeding shall be transmitted to the Court of Appeals under 
seal and the Court of Appeals shall hear the matter ex parte. 
In such a case the Court of Appeals shall review questions of 
law de novo, but a prior finding on any question of fact shall 
not be set aside
        unless such finding was clearly erroneous.
  (b) Appeals of Determinations About Summaries of Classified 
Information.--Either party may take an interlocutory appeal to 
the United States Court of Appeals for the District of Columbia 
Circuit of--
          (1) any determination by the judge pursuant to 
        section 506(a)--
                  (A) concerning whether an item of evidence 
                may be introduced in camera and ex parte, or
                  (B) concerning the contents of any summary of 
                evidence to be introduced in camera and ex 
                parte prepared pursuant to section 506(b); or
          (2) the refusal of the court to make the findings 
        permitted by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this subsection, 
the entire record, including any proposed order of the judge or 
summary of evidence, shall be transmitted to the Court of 
Appeals under seal and the matter shall be heard ex parte.
  (c) Appeals of Decision in Hearing.--
          (1) In general.--Subject to paragraph (2), the 
        decision of the judge after a special removal hearing 
        may be appealed by either the alien or the Department 
        of Justice to the United States Court of Appeals for 
        the District of Columbia Circuit by notice of appeal.
          (2) Automatic appeals in cases of permanent resident 
        aliens in which no summary provided.--
                  (A) In general.--Unless the alien waives the 
                right to a review under this paragraph, in any 
                case involving an alien lawfully admitted for 
                permanent residence who is denied a written 
                summary of classified information under section 
                506(b)(4) and with respect to which the 
                procedures described in section 506(c) apply, 
                any order issued by the judge shall be reviewed 
                by the Court of Appeals for the District of 
                Columbia Circuit.
                  (B) Use of special attorney.--With respect to 
                any issue relating to classified information 
                that arises in such review, the alien shall be 
                represented only by the special attorney 
                designated under section 506(c)(1) on behalf of 
                the alien.
  (d) General Provisions Relating to Appeals.--
          (1) Notice.--A notice of appeal pursuant to 
        subsection (b) or (c) (other than under subsection 
        (c)(2)) must be filed within 20 days after the date of 
        the order with respect to which the appeal is sought, 
        during which time the order shall not be executed.
          (2) Transmittal of record.--In an appeal or review to 
        the Court of Appeals pursuant to subsection (b) or 
        (c)--
                  (A) the entire record shall be transmitted to 
                the Court of Appeals, and
                  (B) information received pursuant to section 
                505(e), and any portion of the judge's order 
                that would reveal the substance or source of 
                such information, shall be transmitted under 
                seal.
          (3) Expedited appellate proceeding.--In an appeal or 
        review to the Court of Appeals pursuant to subsection 
        (b) or (c):
                  (A) Review.--The appeal or review shall be 
                heard as expeditiously as practicable and the 
                Court may dispense with full briefing and hear 
                the matter solely on the record of the judge of 
                the special removal court and on such briefs or 
                motions as the Court may require to be filed by 
                the parties.
                  (B) Disposition.--The Court shall uphold or 
                reverse the judge's order within 60 days after 
                the date of the issuance of the judge's final 
                order.
          (4) Standard for review.--In an appeal or review to 
        the Court of Appeals pursuant to subsection (b) or (c):
                  (A) Questions of law.--The Court of Appeals 
                shall review all questions of law de novo.
                  (B) Questions of fact.--(i) Subject to clause 
                (ii), a prior finding on any question of fact 
                shall not be set aside unless such finding was 
                clearly erroneous.
                  (ii) In the case of a review under subsection 
                (c)(2) in which an alien lawfully admitted for 
                permanent residence was denied a written 
                summary of classified information under section 
                506(b)(4), the Court of Appeals shall review 
                questions of fact de novo.
  (e) Certiorari.--Following a decision by the Court of Appeals 
pursuant to subsection (b) or (c), either the alien or the 
Department of Justice may petition the Supreme Court for a writ 
of certiorari. In any such case, any information transmitted to 
the Court of Appeals under seal shall, if such information is 
also submitted to the Supreme Court, be transmitted under seal. 
Any order of removal shall not be stayed pending disposition of 
a writ of certiorari except as provided by the Court of Appeals 
or a Justice of the Supreme Court.
  (f) Appeals of Detention Orders.--
          (1) In general.-- The provisions of sections 3145 
        through 3148 of title 18, United States Code, 
        pertaining to review and appeal of a release or 
        detention order, penalties for failure to appear, 
        penalties for an offense committed while on release, 
        and sanctions for violation of a release condition 
        shall apply to an alien to whom section 508(b)(1) 
        applies. In applying the previous sentence--
                  (A) for purposes of section 3145 of such 
                title an appeal shall be taken to the United 
                States Court of Appeals for the District of 
                Columbia Circuit, and
                  (B) for purposes of section 3146 of such 
                title the alien shall be considered released in 
                connection with a charge of an offense 
                punishable by life imprisonment.
          (2) No review of continued detention.--The 
        determinations and actions of the Attorney General 
        pursuant to section 508(c)(2)(C) shall not be subject 
        to judicial review, including application for a writ of 
        habeas corpus, except for a claim by the alien that 
        continued detention violates the alien's rights under 
        the Constitution. Jurisdiction over any such challenge 
        shall lie exclusively in the United States Court of 
        Appeals for the District of Columbia Circuit.


                         detention and custody


  Sec. 508. (a) Initial Custody.--
          (1) Upon filing application.--Subject to paragraph 
        (2), the Attorney General may take into custody any 
        alien with respect to whom an application under section 
        503 has been filed and, notwithstanding any other 
        provision of law, may retain such an alien in custody 
        in accordance with the procedures authorized by this 
        title.
          (2) Special rules for permanent resident aliens.--An 
        alien lawfully admitted for permanent residence shall 
        be entitled to a release hearing before the judge 
        assigned to hear the special removal hearing. Such an 
        alien shall be detained pending the special removal 
        hearing, unless the alien demonstrates to the court 
        that--
                  (A) the alien, if released upon such terms 
                and conditions as the court may prescribe 
                (including the posting of any monetary amount), 
                is not likely to flee, and
                  (B) the alien's release will not endanger 
                national security or the safety of any person 
                or the community.
        The judge may consider classified information submitted 
        in camera and ex parte in making a determination under 
        this paragraph.
          (3) Release if order denied and no review sought.--
                  (A) In general.--Subject to subparagraph (B), 
                if a judge of the special removal court denies 
                the order sought in an application with respect 
                to an alien and the Department of Justice does 
                not seek review of such denial, the alien shall 
                be released from custody.
                  (B) Application of regular procedures.--
                Subparagraph (A) shall not prevent the arrest 
                and detention of the alien pursuant to title 
                II.
  (b) Conditional Release If Order Denied and Review Sought.--
          (1) In general.--If a judge of the special removal 
        court denies the order sought in an application with 
        respect to an alien and the Department of Justice seeks 
        review of such denial, the judge shall release the 
        alien from custody subject to the least restrictive 
        condition or combination of conditions of release 
        described in section 3142(b) and clauses (i) through 
        (xiv) of section 3142(c)(1)(B) of title 18, United 
        States Code, that will reasonably assure the appearance 
        of the alien at any future proceeding pursuant to this 
        title and will not endanger the safety of any other 
        person or the community.
          (2) No release for certain aliens.--If the judge 
        finds no such condition or combination of conditions, 
        the alien shall remain in custody until the completion 
        of any appeal authorized by this title.
  (c) Custody and Release After Hearing.--
          (1) Release.--
                  (A) In general.--Subject to subparagraph (B), 
                if the judge decides pursuant to section 505(i) 
                that an alien should not be removed, the alien 
                shall be released from custody.
                  (B) Custody pending appeal.--If the Attorney 
                General takes an appeal from such decision, the 
                alien shall remain in custody, subject to the 
                provisions of section 3142 of title 18, United 
                States Code.
          (2) Custody and removal.--
                  (A) Custody.--If the judge decides pursuant 
                to section 505(i) that an alien shall be 
                removed, the alien shall be detained pending 
                the outcome of any appeal. After the conclusion 
                of any judicial review thereof which affirms 
                the removal order, the Attorney General shall 
                retain the alien in custody and remove the 
                alien to a country specified under subparagraph 
                (B).
                  (B) Removal.--
                          (i) In general.--The removal of an 
                        alien shall be to any country which the 
                        alien shall designate if such 
                        designation does not, in the judgment 
                        of the Attorney General, in 
                        consultation with the Secretary of 
                        State, impair the obligation of the 
                        United States under any treaty 
                        (including a treaty pertaining to 
                        extradition) or otherwise adversely 
                        affect the foreign policy of the United 
                        States.
                          (ii) Alternate countries.--If the 
                        alien refuses to designate a country to 
                        which the alien wishes to be removed or 
                        if the Attorney General, in 
                        consultation with the Secretary of 
                        State, determines that removal of the 
                        alien to the country so designated 
                        would impair a treaty obligation or 
                        adversely affect United States foreign 
                        policy, the Attorney General shall 
                        cause the alien to be removed to any 
                        country willing to receive such alien.
                  (C) Continued detention.--If no country is 
                willing to receive such an alien, the Attorney 
                General may, notwithstanding any other 
                provision of law, retain the alien in custody. 
                The Attorney General, in coordination with the 
                Secretary of State, shall make periodic efforts 
                to reach agreement with other countries to 
                accept such an alien and at least every 6 
                months shall provide to the attorney 
                representing the alien at the special removal 
                hearing a written report on the Attorney 
                General's efforts. Any alien in custody 
                pursuant to this subparagraph shall be released 
                from custody solely at the discretion of the 
                Attorney General and subject to such conditions 
                as the Attorney General shall deem appropriate.
                  (D) Fingerprinting.--Before an alien is 
                transported out of the United States pursuant 
                to this subsection, or pursuant to an order of 
                removal because such alien is inadmissible 
                under section 212(a)(3)(B), the alien shall be 
                photographed and fingerprinted, and shall be 
                advised of the provisions of subsection 276(b).
  (d) Continued Detention Pending Trial.--
          (1) Delay in removal.--Notwithstanding the provisions 
        of subsection (c)(2), the Attorney General may hold in 
        abeyance the removal of an alien who has been ordered 
        removed pursuant to this title to allow the trial of 
        such alien on any Federal or State criminal charge and 
        the service of any sentence of confinement resulting 
        from such a trial.
          (2) Maintenance of custody.--Pending the commencement 
        of any service of a sentence of confinement by an alien 
        described in paragraph (1), such an alien shall remain 
        in the custody of the Attorney General, unless the 
        Attorney General determines that temporary release of 
        the alien to the custody of State authorities for 
        confinement in a State facility is appropriate and 
        would not endanger national security or public safety.
          (3) Subsequent removal.--Following the completion of 
        a sentence of confinement by an alien described in 
        paragraph (1) or following the completion of State 
        criminal proceedings which do not result in a sentence 
        of confinement of an alien released to the custody of 
        State authorities pursuant to paragraph (2), such an 
        alien shall be returned to the custody of the Attorney 
        General who shall proceed to carry out the provisions 
        of subsection (c)(2) concerning removal of the alien.
  (e) Application of Certain Provisions Relating to Escape of 
Prisoners.--For purposes of sections 751 and 752 of title 18, 
United States Code, an alien in the custody of the Attorney 
General pursuant to this title shall be subject to the 
penalties provided by those sections in relation to a person 
committed to the custody of the Attorney General by virtue of 
an arrest on a charge of a felony.
  (f) Rights of Aliens in Custody.--
          (1) Family and attorney visits.--An alien in the 
        custody of the Attorney General pursuant to this title 
        shall be given reasonable opportunity to communicate 
        with and receive visits from members of the alien's 
        family, and to contact, retain, and communicate with an 
        attorney.
          (2) Diplomatic contact.--An alien in the custody of 
        the Attorney General pursuant to this title shall have 
        the right to contact an appropriate diplomatic or 
        consular official of the alien's country of citizenship 
        or nationality or of any country providing 
        representation services therefore. The Attorney General 
        shall notify the appropriate embassy, mission, or 
        consular office of the alien's detention.
                              ----------                              


                      TITLE 18, UNITED STATES CODE

          * * * * * * *

                             PART I--CRIMES

          * * * * * * *

                         CHAPTER 46--FORFEITURE

          * * * * * * *

Sec. 982. Criminal forfeiture

  (a)(1) The court, in imposing sentence on a person convicted 
of an offense in violation of section 5313(a), 5316, or 5324 of 
title 31, or of section 1956, 1957, or 1960 of this title, 
shall order that the person forfeit to the United States any 
property, real or personal, involved in such offense, or any 
property traceable to such property. However, no property shall 
be seized or forfeited in the case of a violation of section 
5313(a) of title 31 by a domestic financial institution 
examined by a Federal bank supervisory agency or a financial 
institution regulated by the Securities and Exchange Commission 
or a partner, director, or employee thereof.
          * * * * * * *
  (6) The court, in imposing sentence on a person convicted of 
a violation of, or conspiracy to violate, section 1541, 1542, 
1543, 1544, or 1546 of this title, or a violation of, or 
conspiracy to violate, section 1028 of this title if committed 
in connection with passport or visa issuance or use, shall 
order that the person forfeit to the United States any 
property, real or personal, which the person used, or intended 
to be used, in committing, or facilitating the commission of, 
the violation, and any property constituting, or derived from, 
or traceable to, any proceeds the person obtained, directly or 
indirectly, as a result of such violation.
  (b)(1) Property subject to forfeiture under this section, any 
seizure and disposition thereof, and any administrative or 
judicial proceeding in relation thereto, shall be governed--
          (A) in the case of a forfeiture under subsection 
        (a)(1) of this section, by subsections (c) and (e) 
        through (p) of section 413 of the Comprehensive Drug 
        Abuse Prevention and Control Act of 1970 (21 U.S.C. 
        853); and
          (B) in the case of a forfeiture under subsection 
        (a)(2) or (a)(6) of this section, by subsections (b), 
        (c), (e), and (g) through (p) of section 413 of such 
        Act.
          * * * * * * *

Sec. 986. Subpoenas for bank records

  (a) At any time after the commencement of any action for 
forfeiture in rem brought by the United States under section 
1028, 1541, 1542, 1543, 1544, 1546, 1956, 1957, or 1960 of this 
title, section 5322 or 5324 of title 31, United States Code, or 
the Controlled Substances Act, any party may request the Clerk 
of the Court in the district in which the proceeding is pending 
to issue a subpoena duces tecum to any financial institution, 
as defined in section 5312(a) of title 31, United States Code, 
to produce books, records and any other documents at any place 
designated by the requesting party. All parties to the 
proceeding shall be notified of the issuance of any such 
subpoena. The procedures and limitations set forth in section 
985 of this title shall apply to subpoenas issued under this 
section.
          * * * * * * *

                 CHAPTER 47--FRAUD AND FALSE STATEMENTS

          * * * * * * *

Sec. 1015. Naturalization, citizenship or alien registry

  (a) * * *
          * * * * * * *
  (d) Whoever knowingly makes any false cer-tificate, 
acknowledgment or statement concerning the appearance before 
him or the taking of an oath or affirmation or the signature, 
attestation or execution by any person with respect to any 
application, declaration, petition, affidavit, deposition, 
certificate of naturalization, certificate of citizenship or 
other paper or writing required or authorized by the laws 
relating to immigration, naturalization, citizenship, or 
registry of aliens[--]; or
  (e) Whoever knowingly makes any false statement or claim that 
he is, or at any time has been, a citizen or national of the 
United States, with the intent to obtain on behalf of himself, 
or any other person, any Federal benefit or service, or to 
engage unlawfully in employment in the United States; or
  (f) Whoever knowingly makes any false statement or claim that 
he is a citizen of the United States in order to register to 
vote or to vote in any Federal, State, or local election 
(including an initiative, recall, or referendum)--
  Shall be fined under this title or imprisoned not more than 
five years, or both.
          * * * * * * *

Sec. 1028. Fraud and related activity in connection with identification 
                    documents

  (a) * * *
  (b) The punishment for an offense under subsection (a) of 
this section is--
          (1) except as provided in paragraphs (3) and (4), a 
        fine of under this title or imprisonment for not more 
        than [five] 15 years, or both, if the offense is--
                  (A) * * *
          * * * * * * *
          (2) except as provided in paragraphs (3) and (4), a 
        fine of under this title or imprisonment for not more 
        than three years, or both, if the offense is--
                  (A) any other production or transfer of an 
                identification document or false identification 
                document; or
                  (B) an offense under paragraph (3) of such 
                subsection; [and]
          (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
          [(3)] (5) a fine of under this title or imprisonment 
        for not more than one year, or both, in any other case.
          * * * * * * *

                    CHAPTER 75--PASSPORTS AND VISAS

          * * * * * * *

Sec. 1546. Fraud and misuse of visas, permits, and other documents

  (a) * * *
          * * * * * * *
  Whoever knowingly makes under oath, or as permitted under 
penalty of perjury under section 1746 of title 28, United 
States Code, knowingly subscribes as true, any false statement 
with respect to a material fact in any application, affidavit, 
or other document required by the immigration laws or 
regulations prescribed thereunder, or knowingly presents any 
such application, affidavit, or other document [containing any 
such false statement] which contains any such false statement 
or which fails to contain any reasonable basis in law or fact--
  Shall be fined under this title or imprisoned not more than 
10 years, or both.
          * * * * * * *

       CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

          * * * * * * *

Sec. 1961. Definitions

  As used in this chapter--
          (1) ``racketeering activity'' means (A) any act or 
        threat involving murder, kidnapping, gambling, arson, 
        robbery, bribery, extortion, dealing in obscene matter, 
        or dealing in a controlled substance or listed chemical 
        (as defined in section 102 of the Controlled Substances 
        Act), which is chargeable under State law and 
        punishable by imprisonment for more than one year; (B) 
        any act which is indictable under any of the following 
        provisions of title 18, United States Code: Section 201 
        (relating to bribery), section 224 (relating to sports 
        bribery), sections 471, 472, and 473 (relating to 
        counterfeiting), section 659 (relating to theft from 
        interstate shipment) if the act indictable under 
        section 659 is felonious, section 664 (relating to 
        embezzlement from pension and welfare funds), sections 
        891-894 (relating to extortionate credit transactions), 
        section 1028 (relating to fraud and related activity in 
        connection with identification documents), section 1029 
        (relating to fraud and related activity in connection 
        with access devices), section 1084 (relating to the 
        transmission of gambling information), section 1341 
        (relating to mail fraud), section 1343 (relating to 
        wire fraud), section 1344 (relating to financial 
        institution fraud), sections 1461-1465 (relating to 
        obscene matter), section 1503 (relating to obstruction 
        of justice), section 1510 (relating to obstruction of 
        criminal investigations), section 1511 (relating to the 
        obstruction of State or local law enforcement), section 
        1512 (relating to tampering with a witness, victim, or 
        an informant), section 1513 (relating to retaliating 
        against a witness, victim, or an informant), section 
        1542 (relating to false statement in application and 
        use of passport), section 1543 (relating to forgery or 
        false use of passport), section 1544 (relating to 
        misuse of passport), section 1546 (relating to fraud 
        and misuse of visas, permits, and other documents), 
        sections 1581-1588 (relating to peonage and slavery), 
        section 1951 (relating to interference with commerce, 
        robbery, or extortion), section 1952 (relating to 
        racketeering), section 1953 (relating to interstate 
        transportation of wagering paraphernalia), section 1954 
        (relating to unlawful welfare fund payments), section 
        1955 (relating to the prohibition of illegal gambling 
        businesses), section 1956 (relating to the laundering 
        of monetary instruments), section 1957 (relating to 
        engaging in monetary transactions in property derived 
        from specified unlawful activity), section 1958 
        (relating to use of interstate commerce facilities in 
        the commission of murder-for-hire), sections 2251-2252 
        (relating to sexual exploitation of children), sections 
        2312 and 2313 (relating to interstate transportation of 
        stolen motor vehicles), sections 2314 and 2315 
        (relating to interstate transportation of stolen 
        property), section 2321 (relating to trafficking in 
        certain motor vehicles or motor vehicle parts), 
        sections 2341-2346 (relating to trafficking in 
        contraband cigarettes), sections 2421-24 (relating to 
        white slave traffic), (C) any act which is indictable 
        under title 29, United States Code, section 186 
        (dealing with restrictions on payments and loans to 
        labor organizations) or section 501(c) (relating to 
        embezzlement from union funds), (D) any offense 
        involving fraud connected with a case under title 11 
        (except a case under section 157 of that title), fraud 
        in the sale of securities, or the felonious 
        manufacture, importation, receiving, concealment, 
        buying, selling, or otherwise dealing in a controlled 
        substance or listed chemical (as defined in section 102 
        of the Controlled Substances Act), punishable under any 
        law of the United States, [or] (E) any act which is 
        indictable under the Currency and Foreign Transactions 
        Reporting Act, or (F) any act which is indictable under 
        the Immigration and Nationality Act, section 274 
        (relating to bringing in and harboring certain aliens), 
        section 277 (relating to aiding or assisting certain 
        aliens to enter the United States), or section 278 
        (relating to importation of alien for immoral purpose).
          * * * * * * *

   CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
                  INTERCEPTION OF ORAL COMMUNICATIONS

          * * * * * * *

Sec. 2516. Authorization for interception of wire, oral, or electronic 
                    communications

  (1) The Attorney General, Deputy Attorney General, Associate 
Attorney General, or any Assistant Attorney General, any acting 
Assistant Attorney General, or any Deputy Assistant Attorney 
General or acting Deputy Assistant Attorney General in the 
Criminal Division specially designated by the Attorney General, 
may authorize an application to a Federal judge of competent 
jurisdiction for, and such judge may grant in conformity with 
section 2518 of this chapter an order authorizing or approving 
the interception of wire or oral communications by the Federal 
Bureau of Investigation, or a Federal agency having 
responsibility for the investigation of the offense as to which 
the application is made, when such interception may provide or 
has provided evidence of--
          (a) * * *
          * * * * * * *
          (n) any violation of section 5861 of the Internal 
        Revenue Code of 1986 (relating to firearms); [and]
          (o)(1) a felony violation of section 1028 (relating 
        to production of false identification documentation), 
        section 1541 (relating to passport issuance without 
        authority), section 1542 (relating to false statements 
        in passport applications), section 1543 (relating to 
        forgery or false use of passport), section 1544 
        (relating to misuse of passport), section 1546 
        (relating to fraud or misuse of visas, permits, or 
        other documents) of this title; or
          (2) a violation of section 274, 277, or 278 of the 
        Immigration and Nationality Act (relating to the 
        smuggling of aliens); or
          [(o)] (p) any conspiracy to commit any offense 
        described in any subparagraph of this paragraph.
          * * * * * * *

                    PART III--PRISONS AND PRISONERS

          * * * * * * *

           CHAPTER 306--TRANSFER TO OR FROM FOREIGN COUNTRIES

          * * * * * * *

Sec. 4113. Status of alien offender transferred to a foreign country

  (a) An alien who is deportable from the United States but who 
has been granted voluntary departure pursuant to [section 
1252(b) or section 1254(e) of title 8, United States Code,] 
section 240B of the Immigration and Nationality Act and who is 
transferred to a foreign country pursuant to this chapter shall 
be deemed for all purposes to have voluntarily departed from 
this country.
  (b) An alien who is the subject of an order of [deportation] 
removal from the United States pursuant to [section 1252 of 
title 8, United States Code,] section 240 of the Immigration 
and Nationality Act who is transferred to a foreign country 
pursuant to this chapter shall be deemed for all purposes to 
have been [deported] removed from this country.
  (c) An alien who is the subject of an order of [exclusion and 
deportation] removal from the United States pursuant to section 
[1226 of title 8, United States Code] 240 of the Immigration 
and Nationality Act, who is transferred to a foreign country 
pursuant to this chapter shall be deemed for all purposes to 
have been excluded from admission and [deported] removed from 
the United States.
          * * * * * * *
                              ----------                              


     IMMIGRATION AND NATIONALITY TECHNICAL CORRECTIONS ACT OF 1994

          * * * * * * *

                TITLE I--NATIONALITY AND NATURALIZATION

SEC. 101. EQUAL TREATMENT OF WOMEN IN CONFERRING CITIZENSHIP TO 
                    CHILDREN BORN ABROAD.

  (a) * * *
          * * * * * * *
  (d) [Application to Transmission of Citizenship.--This] 
Applicability of Transmission Requirements.--This section, the 
amendments made by this section, and any retroactive 
application of such amendments shall not effect [any residency 
or other retention requirements for] the application of any 
provision of law relating to residence or physical presence in 
the United States for purposes of transmitting United States 
citizenship [as in effect before October 10, 1978, with respect 
to the transmission of citizenship.] to any person whose claim 
is based on the amendment made by subsection (a) or through 
whom such a claim is derived.

SEC. 102. NATURALIZATION OF CHILDREN ON APPLICATION OF CITIZEN PARENT.

  (a) * * *
          * * * * * * *
  (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''.
          * * * * * * *

          TITLE II--TECHNICAL CORRECTIONS OF IMMIGRATION LAWS

          * * * * * * *

SEC. 207. TECHNICAL AMENDMENT REGARDING ONE-HOUSE VETO.

  Section 13(c) of the Act of September 11, 1957 (8 U.S.C. 
1255b(c)) is amended--
          (1) by striking the third sentence; and
          (2) in the fourth sentence, by striking ``If neither 
        the Senate nor the House of Representatives passes such 
        a resolution within the time above specified, the'' and 
        inserting ``The''.
          * * * * * * *

SEC. 209. FINES FOR UNLAWFUL BRINGING OF ALIENS INTO THE UNITED STATES.

  (a) In General.--Section 273 of the Immigration and 
Nationality Act (8 U.S.C. 1323) is amended--
          (1) in subsections (b) and (d) by striking ``the sum 
        of [$3000] $3,000'' and inserting ``a fine of $3,000'' 
        each place it appears;
          * * * * * * *
  (b) Effective Date.--The amendments made by this [subsection] 
section shall apply with respect to aliens brought to the 
United States more than 60 days after the date of enactment of 
this Act.
          * * * * * * *

SEC. 219. OTHER MISCELLANEOUS AND TECHNICAL CORRECTIONS TO IMMIGRATION-
                    RELATED PROVISIONS.

  (a) * * *
          * * * * * * *
  (cc) Section 204(a)(1)(C) of the Immigration Reform and 
Control Act of 1986 is amended by striking [``year 1993 the 
first place it appears''] ``year 1993'' the first place it 
appears and inserting ``years 1993''.
          * * * * * * *
  (ee)(1) * * *
          * * * * * * *
  (3) The amendments made by this subsection shall take effect 
on the date of the enactment of this Act.
          * * * * * * *

SEC. 221. VISAS FOR OFFICIALS OF TAIWAN.

  Whenever the President of Taiwan or any other high-level 
official of Taiwan shall apply to visit the United States for 
the purposes of discussions with United States Federal or State 
government officials concerning--
          (1) trade or business with Taiwan that will reduce 
        the United States-Taiwan trade deficit[;],
          (2) prevention of nuclear proliferation[;],
          (3) threats to the national security of the United 
        States[;],
          (4) the protection of the global environment[;],
          (5) the protection of endangered species[;], or
          (6) regional humanitarian disasters[.],

[The] the official shall be admitted to the United States, 
unless the official is otherwise [excludable] inadmissible 
under the immigration laws of the United States.
          * * * * * * *

SEC. 225. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

  No amendment made by this Act [and nothing in section 242(i) 
of the Immigration and Nationality Act (8 U.S.C. 1252(i))] 
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.
                              ----------                              


                        IMMIGRATION ACT OF 1990

          * * * * * * *

                          TITLE I--IMMIGRANTS

              Subtitle A--Worldwide and Per Country Levels

          * * * * * * *

SEC. 104. ASYLEE ADJUSTMENTS.

    (a) * * *
          * * * * * * *
    (d) Adjustment of Certain Former Asylees.--
          (1) In general.--Subject to paragraph (2), the 
        provisions of section 209(b) of the Immigration and 
        Nationality Act shall also apply to an alien--
                  (A) who was granted asylum before the date of 
                the enactment of this Act (regardless of 
                whether or not such asylum has been terminated 
                under section [208(b)] 208 of the Immigration 
                and Nationality Act),
          * * * * * * *

                 Subtitle C--Commission and Information

SEC. 141. COMMISSION ON IMMIGRATION REFORM.

    (a) * * *
          * * * * * * *
      (b) Functions of Commission.--The Commission shall--
          (1) review and evaluate the impact of this Act and 
        the amendments made by this Act, in accordance with 
        subsection (c); [and]
          (2) transmit to the Congress--
                  (A) not later than September 30, 1994, a 
                first report describing the progress made in 
                carrying out paragraph (1), and
                  (B) not later than September 30, 1997, a 
                final report setting forth the Commission's 
                findings and recommendations, including such 
                recommendations for additional changes that 
                should be made with respect to legal 
                immigration into the United States as the 
                Commission deems appropriate[.]; and
          (3) transmit to Congress, not later than January 1, 
        1997, a report containing recommendations (consistent 
        with subsection (c)(3)) of methods of reducing or 
        eliminating the fraudulent use of birth certificates 
        for the purpose of obtaining other identity documents 
        that may be used in securing immigration, employment, 
        or other benefits.
      (c) Considerations.--
          (1) * * *
          (2) Diversity program.--The Commission shall analyze 
        the information maintained under section 203(c)(3) of 
        the Immigration and Nationality Act and shall report to 
        Congress in its report under subsection (b)(2) on--
                  (A) the characteristics of individuals 
                admitted under section 203(c) of the 
                Immigration and Nationality Act, and
                  (B) how such characteristics compare to the 
                characteristics of family-sponsored immigrants 
                and employment-based immigrants.
        The Commission shall include in the report an 
        assessment of the effect of the requirement of 
        paragraph (2) of section 203(c) of the Immigration and 
        Nationality Act on the diversity, educational, and 
        skill level of aliens admitted.
          (3) For report on reducing birth certificate fraud.--
        In the report described in subsection (b)(3), the 
        Commission shall consider and analyze the feasibility 
        of--
                  (A) establishing national standards for 
                counterfeit-resistant birth certificates, and
                  (B) limiting the issuance of official copies 
                of a birth certificate of an individual to 
                anyone other than the individual or others 
                acting on behalf of the individual.
          * * * * * * *

                       Subtitle D--Miscellaneous

          * * * * * * *

SEC. 154. PERMITTING EXTENSION OF PERIOD OF VALIDITY OF IMMIGRANT VISAS 
                    FOR CERTAIN RESIDENTS OF HONG KONG.

    (a) * * *
    (b) Aliens Covered.--An alien is described in this 
subsection if the alien--
          (1)(A) * * *
          (B)(i) is residing in Hong Kong as of the date of the 
        enactment of this Act and is issued an immigrant visa 
        under paragraph (1), (2), (4), or (5) of section 203(a) 
        of the Immigration and Nationality Act (as in effect on 
        the date of the enactment of this Act) or under section 
        203(a) or 203(b)(1) of such Act (as in effect on and 
        after October 1, [1991)] 1991, and before October 1, 
        1996) or under section 203(a), 203(b)(1), or 203(b)(2) 
        (as in effect on and after October 1, 1996), or (ii) is 
        the spouse or child (as defined in subsection (d)) of 
        an alien described in clause (i), if accompanying or 
        following to join the alien in coming to the United 
        States; or
          * * * * * * *

           Subtitle E--Effective Dates; Conforming Amendments

SEC. 161. EFFECTIVE DATES.

    (a) * * *
    (c) General Transitions.--
          (1) * * *
          * * * * * * *
          (3) In the case of an alien who is described in 
        section 203(a)(8) of the Immigration and Nationality 
        Act (as in effect before October 1, 1991) as the spouse 
        or child of an alien admitted for permanent residence 
        as a preference immigrant under section 203(a)(3) or 
        203(a)(6) of such Act (as in effect before such date) 
        and who would be entitled to enter the United States 
        under such section 203(a)(8) but for the amendments 
        made by this title, such an alien shall be deemed to be 
        described in section 203(d) of such Act as the spouse 
        or child [an an] of an alien described in section 
        203(b)(2) or 203(b)(3)(A)(i), respectively, of such Act 
        with the same priority date as that of the principal 
        alien.
          * * * * * * *

                        TITLE II--NONIMMIGRANTS

              Subtitle A--General and Permanent Provisions

          * * * * * * *

SEC. 204. TREATY TRADERS (E NONIMMIGRANTS).

    (a) * * *
    (b) Application of Treaty Trader for Certain Foreign 
States.--Each of the following foreign states shall be 
considered, for purposes of section 101(a)(15)(E) of the 
Immigration and Nationality Act, to be a foreign state 
described in such section if the foreign state extends 
reciprocal nonimmigrant treatment to nationals of the United 
States:
          (1) The largest foreign state in each region (as 
        defined in section 203(c)(1) of the Immigration and 
        Nationality Act) which (A) has 1 or more dependent 
        areas (as determined for purposes of section 202 of 
        such Act) and (B) does not have a treaty of commerce 
        and navigation with the United States.
          * * * * * * *

SEC. 206. INTRA-COMPANY TRANSFEREES (L NONIMMIGRANTS).

    (a) Clarification of Treatment of Certain International 
Accounting Firms.--In applying sections 101(a)(15)(L) and 
[203(b)(1)(C)] 203(b)(2)(C) of the Immigration and Nationality 
Act and section 124(a)(3)(A) of this Act, in the case of a 
partnership that is organized in the United States to provide 
accounting services and that markets its accounting services 
under an internationally recognized name under an agreement 
with a worldwide coordinating organization that is owned and 
controlled by the member accounting firms, a partnership (or 
similar organization) that is organized outside the United 
States to provide accounting services shall be considered to be 
an affiliate of the United States partnership if it markets its 
accounting services under the same internationally recognized 
name under the agreement with the worldwide coordinating 
organization of which the United States partnership is also a 
member.
          * * * * * * *

         TITLE III--FAMILY UNITY AND TEMPORARY PROTECTED STATUS

SEC. 301. FAMILY UNITY.

    (a) Temporary Stay of [Deportation] Removal and Work 
Authorization for Certain Eligible Immigrants.--The Attorney 
General shall provide that in the case of an alien who is an 
eligible immigrant (as defined in subsection (b)(1)) as of May 
5, 1988 (in the case of a relationship to a legalized alien 
described in subsection (b)(2)(B) or (b)(2)(C)) or as of 
December 1, 1988 (in the case of a relationship to a legalized 
alien described in subsection (b)(2)(A)), who has entered the 
United States before such date, who resided in the United 
States on such date, and who is not lawfully admitted for 
permanent residence, the alien--
          (1) may not be [deported] removed or otherwise 
        required to depart from the United States on a ground 
        specified in paragraph (1)(A), (1)(B), (1)(C), (3)(A), 
        of section 241(a) of the Immigration and Nationality 
        Act (other than so much of section 241(a)(1)(A) of such 
        Act as relates to a ground of [exclusion] 
        inadmissibility described in paragraph (2) or (3) of 
        section 212(a) of such Act), and
          * * * * * * *
    (e) Exception for Certain Aliens.--An alien is not eligible 
for the benefits of this section if the Attorney General finds 
that--
          (1) the alien has been convicted of a felony or 3 or 
        more misdemeanors in the United States, or
          (2) the alien is described in section [243(h)(2)] 
        208(b)(2)(A) of the Immigration and Nationality Act.
          * * * * * * *

SEC. 303. SPECIAL TEMPORARY PROTECTED STATUS FOR SALVADORANS.

    (a) * * *
          * * * * * * *
    (d) Enforcement of Requirement to Depart at Time of 
Termination of Designation.--
          (1) * * *
          (2) Sanction for failure to appear.--If an alien is 
        provided an order to show cause under paragraph (1) and 
        fails to appear at such proceedings, except for 
        exceptional circumstances, the alien may be deported in 
        absentia under section [242B] 240(b)(5) of the 
        Immigration and Nationality Act (inserted by section 
        545(a) of this Act) and certain discretionary forms of 
        relief are no longer available to the alien pursuant to 
        such section.
          * * * * * * *

                          TITLE V--ENFORCEMENT

          * * * * * * *

                    Subtitle D--General Enforcement

          * * * * * * *

SEC. 545. DEPORTATION PROCEDURES; REQUIRED NOTICE OF DEPORTATION 
                    HEARING; LIMITATION ON DISCRETIONARY RELIEF.

    (a) * * *
          * * * * * * *
    (g) Effective Dates.--
          (1) Notice-related provisions.--
                  (A) * * *
                  (B) The Attorney General shall certify to the 
                Congress when the central address file system 
                (described in section [242B(a)(4)] 239(a)(4) of 
                the Immigration and Nationality Act) has been 
                established.
          * * * * * * *

                  TITLE VI--EXCLUSION AND DEPORTATION

SEC. 601. REVISION OF GROUNDS FOR EXCLUSION.

    (a) * * *
          * * * * * * *
    (c) Review of Exclusion Lists.--The Attorney General and 
the Secretary of State shall develop protocols and guidelines 
for updating lookout books and the automated visa lookout 
system and similar mechanisms for the screening of aliens 
applying for visas for admission, or for admission, to the 
United States. Such protocols and guidelines shall be developed 
in a manner that ensures that in the case of an alien--
          (1) whose name is in such system, and
          (2) who either (A) applies for [entry] admission 
        after the effective date of the amendments made by this 
        section, or (B) requests (in writing to a local 
        consular office after such date) a review, without 
        seeking admission, of the alien's continued 
        [excludability] inadmissibility under the Immigration 
        and Nationality Act,

if the alien is no longer [excludable] inadmissible because of 
an amendment made by this section the alien's name shall be 
removed from such books and system and the alien shall be 
informed of such removal and if the alien continues to be 
[excludable] inadmissible the alien shall be informed of such 
determination.
          * * * * * * *
                              ----------                              


 SECTION 128 OF THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 
                             1992 AND 1993

SEC. 128. VISA LOOKOUT SYSTEMS.

  (a) Visas.--The Secretary of State may not include in the 
Automated Visa Lookout System, or in any other system or list 
which maintains information about the [excludability] 
inadmissibility of aliens under the Immigration and Nationality 
Act, the name of any alien who is not [excludable] inadmissible 
from the United States under the Immigration and Nationality 
Act, subject to the provisions of this section.
  (b) Correction of Lists.--Not later than 3 years after the 
date of enactment of this Act, the Secretary of State shall--
          (1) correct the Automated Visa Lookout System, or any 
        other system or list which maintains information about 
        the [excludability] inadmissibility of aliens under the 
        Immigration and Nationality Act, by deleting the name 
        of any alien not [excludable] inadmissible under the 
        Immigration and Nationality Act; and
          (2) report to the Congress concerning the completion 
        of such correction process.
          * * * * * * *
  (e) Limitation.--
          (1) The Secretary may add or retain in such system or 
        list the names of aliens who are not [excludable] 
        inadmissible only if they are included for otherwise 
        authorized law enforcement purposes or other lawful 
        purposes of the Department of State. A name included 
        for other lawful purposes under this paragraph shall 
        include a notation which clearly and distinctly 
        indicates that such person is not presently 
        [excludable] inadmissible. The Secretary of State shall 
        adopt procedures to ensure that visas are not denied to 
        such individuals for any reason not set forth in the 
        Immigration and Nationality Act.
          * * * * * * *
                              ----------                              


SECTION 1073 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 
                                  1995

SEC. 1073. SENSE OF CONGRESS CONCERNING VISAS FOR HIGH-LEVEL OFFICIALS 
                    OF TAIWAN.

  It is the sense of Congress that no visa should be denied for 
a high-level official of Taiwan to enter the United States 
unless the official is otherwise [excludable] inadmissible 
under the immigration laws of the United States.
                              ----------                              


                 SECTION 401 OF THE REFUGEE ACT OF 1980

  Sec. 401. (a) * * *
          * * * * * * *
  (c) This section applies with respect to any alien in the 
United States (1) who has applied before November 1, 1979, for 
asylum in the United States, (2) who has not been granted 
asylum, and (3) with respect to whom a final, nonappealable, 
and legally enforceable order of [deportation or exclusion] 
removal has not be entered.
          * * * * * * *
                              ----------                              


      SECTION 501 OF THE REFUGEE EDUCATION ASSISTANCE ACT OF 1980

             authorities for other programs and activities

      Sec. 501. (a) * * *
          * * * * * * *
    (e) As used in this section, the term ``Cuban and Haitian 
entrants'' means--
          (1) any individual granted parole status as a Cuban/
        Haitian Entrant (Status Pending) or granted any other 
        special status subsequently established under the 
        immigration laws for nationals of Cuba or Haiti, 
        regardless of the status of the individual at the time 
        assistance or services are provided; and
          (2) any other national of Cuba or Haiti--
                  (A) who--
                          (i) was paroled into the United 
                        States and has not acquired any other 
                        status under the Immigration and 
                        Nationality Act;
                          (ii) is the subject of [exclusion or 
                        deportation] removal proceedings under 
                        the Immigration and Nationality Act; or
                          (iii) has an application for asylum 
                        pending with the Immigration and 
                        Naturalization Service; and
                  (B) with respect to whom a final, 
                nonappealable, and legally enforceable order of 
                [deportation or exclusion] removal has not been 
                entered.
          * * * * * * *
                              ----------                              


         VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994

          * * * * * * *

                           TITLE II--PRISONS

          * * * * * * *

                    Subtitle C--Alien Incarceration

SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.

  (a) * * *
          * * * * * * *
  (c) Termination of Limitation.--Notwithstanding section 
[242(j)(5)] 241(h)(5) of the Immigration and Nationality Act, 
as added by subsection (a), the requirements of section 
[242(j)] 241(h) of the Immigration and Nationality Act, as 
added by subsection (a), shall not be subject to the 
availability of appropriations on and after October 1, 2004.
          * * * * * * *

                        TITLE VI--DEATH PENALTY

          * * * * * * *

SEC. 60024. ENHANCED PENALTIES FOR ALIEN SMUGGLING.

  Section 274(a) of the Immigration and Nationality Act (8 
U.S.C. 1324(a)) is amended--
          (1) in paragraph (1)--
                  (A) * * *
          * * * * * * *
                  (F) by striking ``shall be fined in 
                accordance with title 18, United States Code, 
                or imprisoned not more than five years, or 
                both, for each alien in respect to whom any 
                violation of this paragraph occurs'' and 
                inserting ``shall be punished as provided in 
                subparagraph (B)''; and
          * * * * * * *

        TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT

          * * * * * * *

SEC. 130002. CRIMINAL ALIEN TRACKING CENTER.

  [(a) Operation.--The Attorney General shall, under the 
authority of section 242(a)(3)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal 
alien tracking center.]
  (a) Operation and Purpose.--The Commissioner of Immigration 
and Naturalization shall, under the authority of section 236(d) 
of the Immigration and Nationality Act (8 U.S.C. 
1252(a)(3)(A)), operate a criminal alien identification system. 
The criminal alien identification system shall be used to 
assist Federal, State, and local law enforcement agencies in 
identifying and locating aliens who may be subject to removal 
by reason of their conviction of aggravated felonies, subject 
to prosecution under section 275 of such Act, not lawfully 
present in the United States, or otherwise removable. Such 
system shall include providing for recording of fingerprint 
records of aliens who have been previously arrested and removed 
into appropriate automated fingerprint identification systems.
          * * * * * * *

SEC. 130003. ALIEN WITNESS COOPERATION AND COUNTERTERROR- ISM 
                    INFORMATION.

  (a) * * *
  (b) Conditions of Entry.--
          (1) * * *
          * * * * * * *
          (3) Prohibition of change of status.--Section 248(1) 
        of the Immigration and [Naturalization] Nationality Act 
        (8 U.S.C. 1258(1)) is amended by striking ``or (K)'' 
        and inserting ``(K), or (S)''.
          * * * * * * *

SEC. 130005. EXPEDITIOUS [DEPORTATION] REMOVAL FOR DENIED ASYLUM 
                    APPLICANTS.

  (a) In General.--The Attorney General may provide for the 
expeditious adjudication of asylum claims and the expeditious 
[deportation] removal of asylum applicants whose applications 
have been finally denied, unless the applicant remains in an 
otherwise valid nonimmigrant status.
          * * * * * * *

SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.

  (a) In General.--Subject to the availability of 
appropriations, the Attorney General may expand the program 
authorized by section [242A(d)] 238(a)(3) and [242(i)] 239(d) 
of the Immigration and Nationality Act to ensure that such 
aliens are immediately deportable upon their release from 
incarceration.
          * * * * * * *
                              ----------                              


          SECTION 7 OF CENTRAL INTELLIGENCE AGENCY ACT OF 1949

  Sec. 7. Whenever the Director, the Attorney General and the 
Commissioner of Immigration shall determine [that the entry] 
that the admission of a particular alien into the United States 
for permanent residence is in the interest of national security 
or essential to the furtherance of the national intelligence 
mission, such alien and his immediate family shall be [given 
entry into] admitted to the United States for permanent 
residence without regard to their inadmissibility under the 
immigration or any other laws and regulations, or to the 
failure to comply with such laws and regulations pertaining to 
admissibility: Provided, That the number of aliens and members 
of their immediate families [entering] admitted to the United 
States under the authority of this section shall in no case 
exceed one hundred persons in any one fiscal year.
                              ----------                              


 SECTION 4 OF THE ATOMIC WEAPONS AND SPECIAL NUCLEAR MATERIALS REWARDS 
                                  ACT

  Sec. 4. If the information leading to award under section 3 
is furnished by an alien, the Secretary of State, the Attorney 
General, and the Director of Central Intelligence, acting 
jointly, may determine that the [entry] admission of such alien 
into the United States is in the public interest and, in that 
event, such alien and the members of his immediate family may 
receive immigrant visas and may be admitted to the United 
States for permanent residence, notwithstanding the 
requirements of the Immigration and Nationality Act.
                              ----------                              


        SECTION 8 OF THE FOREIGN AGENTS REGISTRATION ACT OF 1938

                       enforcement and penalties

  Sec. 8. (a) * * *
          * * * * * * *
  (c) Any alien who shall be convicted of a violation of, or a 
conspiracy to violate, any provisions of this Act or any 
regulation thereunder shall be subject to [deportation in the 
manner provided by sections 241, 242, and 243 of the 
Immigration and Nationality Act.] removal pursuant to chapter 4 
of title II of the Immigration and Nationality Act.
          * * * * * * *
                              ----------                              


                    SECTION 9 OF THE PEACE CORPS ACT

                   participation of foreign nationals

  Sec. 9. In order to provide for assistance by foreign 
nationals in the training of volunteers, and to permit 
effective implementation of Peace Corps projects with due 
regard for the desirability of cost-sharing arrangements, where 
appropriate, the President may make provision for 
transportation, housing, subsistence, or per diem in lieu 
thereof, and health care or health and accident insurance for 
foreign nationals engaged in activities authorized by this Act 
while they are away from their homes, without regard to the 
provisions of any other law: Provided, howevever, That per diem 
in lieu of subsistence furnished to such persons shall not be 
at rates higher than those prescribed by the Secretary of State 
pursuant to section 12 of Public Law 84-885 (70 Stat. 890). 
Such persons, and persons coming to the United States under 
contract pursuant to section 10(a)(5), may be admitted to the 
United States, if otherwise qualified, as nonimmigrants under 
section 101(a)(15) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)) for such time and under such conditions as 
may be prescribed by regulations promulgated by the Secretary 
of State and the Attorney General. A person admitted under this 
section who fails to maintain the status under which he was 
admitted or who fails to depart from the United States at the 
expiration of the time for which he was admitted, or who 
engages in activities of a political nature detrimental to the 
interests of the United States, or in activities not consistent 
with the security of the United States, shall, upon the warrant 
of the Attorney General, be taken into custody and promptly 
[deported pursuant to sections 241, 242, and 243 of the 
Immigration and Nationality Act. Deportation] removed pursuant 
to chapter 4 of title II of the Immigration and Nationality Act 
proceedings under this section shall be summary and the 
findings of the Attorney General as to matters of fact shall be 
conclusive.
                              ----------                              


                 SECTION 6 OF THE ACT OF AUGUST 1, 1956

  Sec. 6. (a) * * *
  (b) Any alien convicted of a violation of this Act or any 
regulation thereunder is subject to deportation in the manner 
provided by [chapter 5, title II, of the Immigration and 
Nationality Act (66 Stat. 163)] chapter 4 of title II of the 
Immigration and Nationality Act.
          * * * * * * *
                              ----------                              


 SECTION 2 OF THE VIRGIN ISLANDS NONIMMIGRANT ALIEN ADJUSTMENT ACT OF 
                                  1982

                    adjustment of immigration status

  Sec. 2. (a) * * *
          * * * * * * *
  (c)(1) * * *
  (2) The Secretary of State, in his discretion and after 
consultation with the Secretary of the Interior and the 
Governor of the Virgin Islands of the United States, may limit 
the number of immigrant visas that may be issued in any fiscal 
year to aliens with respect to whom second preference petitions 
or first or third family preference petitions (filed by aliens 
who have had their status so adjusted) are approved.
  (3) Notwithstanding any other provision of law, no alien 
shall be eligible to receive an immigrant visa (or to otherwise 
acquire the status of an alien lawfully admitted to the United 
States from permanent residence)--
          (A) by virtue of a fourth or fifth preference 
        petition filed by an individual who had his status 
        adjusted under this section unless the individual 
        establishes to the satisfaction of the Attorney General 
        that exceptional and extremely unusual hardship exists 
        for permitting the alien to receive such visa (or 
        otherwise acquire such status); [or]
          (B) by virtue of a second preference petition filed 
        by an individual who was admitted to the United States 
        as an immigrant by virtue of an immediate relative 
        petition filed by the son or daughter of the 
        individual, if that son or daughter had his or her 
        status adjusted under this section[.]; or
          (C) by virtue of a first or third family preference 
        petition filed by an individual who was admitted to the 
        United States as an immigrant by virtue of a second 
        family preference petition filed by the son or daughter 
        of the individual, if that son or daughter had his or 
        her status adjusted under this section.
  (4) For purposes of this subsection, the terms ``second 
preference petition'', ``fourth preference petition'', ``fifth 
preference petition'', and ``immediate relative petition'' 
mean, in the case of an alien, a petition filed under section 
204(a) of the Act to grant preference status to the alien by 
reason of the relationship described in section 203(a)(2), 
203(a)(4), 203(a)(5), or 201(b), respectively, of the Act (as 
in effect before October 1, 1991) or by reason of the 
relationship described in section 203(a)(2), 203(a)(3), or 
203(a)(4), or 201(b)(2)(A)(i), respectively, of such Act (as in 
effect [on or after such date).] on or after such date and 
before October 1, 1996). For purposes of this subsection, the 
terms ``first family preference petition'', ``second family 
preference petition'', and ``third family preference petition'' 
mean, in the case of an alien, a petition filed under section 
204(a) of the Act to grant preference status to the alien by 
reason of the relationship described in section 203(a)(1), 
203(a)(2), or 203(a)(3), respectively (as in effect on and 
after October 1, 1996).
          * * * * * * *
                              ----------                              


        SECTION 2 OF THE CHINESE STUDENT PROTECTION ACT OF 1992

SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN 
                    NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA.

  (a) * * *
          * * * * * * *
  (d) Offset in Per Country Numerical Level.--
          (1) * * *
          (2) Allotment if section 202(e) applies.--If section 
        202(e) of the Immigration and Nationality Act is 
        applied to the People's Republic of China in an 
        applicable fiscal year, in applying such section--
                  (A) 300 immigrant visa numbers shall be 
                deemed to have been previously issued to 
                natives of that foreign state under section 
                [203(b)(3)(A)(i)] 203(b)(4)(B) of such Act in 
                that year, and
                  (B) 700 immigrant visa numbers shall be 
                deemed to have been previously issued to 
                natives of that foreign state under section 
                203(b)(5) of such Act in that year.
          * * * * * * *
                              ----------                              


              SECTION 1821 OF TITLE 28, UNITED STATES CODE

Sec. 1821. Per diem and mileage generally; subsistence

  (a) * * *
          * * * * * * *
  (e) An alien who has been paroled into the United States for 
prosecution, pursuant to section 212(d)(5) of the Immigration 
and Nationality Act (8 U.S.C. 1182(d)(5)), or an alien who 
either has admitted belonging to a class of aliens who are 
deportable or has been determined pursuant to section [242(b)] 
240 of such Act (8 U.S.C. 1252(b)) to be deportable, shall be 
ineligible to receive the fees or allowances provided by this 
section.
          * * * * * * *
                              ----------                              


               IMMIGRATION REFORM AND CONTROL ACT OF 1986

                         TITLE II--LEGALIZATION

          * * * * * * *

SEC. 202. CUBAN-HAITIAN ADJUSTMENT.

    (a) Adjustment of Status.--The status of any alien 
described in subsection (b) may be adjusted by the Attorney 
General, in the Attorney General's discretion and under such 
regulations as the Attorney General may prescribe, to that of 
an alien lawfully admitted for permanent residence if--
          (1) * * *
          * * * * * * *
          (3) the alien is not an alien described in section 
        243(h)(2) of such Act;
          * * * * * * *

SEC. 204. STATE LEGALIZATION IMPACT-ASSISTANCE GRANTS.

    (a) * * *
          * * * * * * *
    (c) Providing Assistance.--(1) Of the amounts allotted to a 
State under this section, the State may only use such funds, in 
accordance with this section--
          (A) * * *
          * * * * * * *
          (D) to make payments for public education and 
        outreach (including the provision of information to 
        individual applicants) to inform temporary resident 
        aliens regarding--
                  (i) the requirements of sections 210[, 210A,] 
                and 245A of the Immigration and Nationality Act 
                regarding the adjustment of resident status,
          * * * * * * *
    (j) Definitions.--For purposes of this section:
          (1) * * *
          * * * * * * *
          (4) The term ``eligible legalized alien'' means an 
        alien who has been granted lawful temporary resident 
        status under section 210[, 210A,] or 245A of the 
        Immigration and Nationality Act, but only until the end 
        of the five-year period beginning on the date the alien 
        was first granted such status, except that the five-
        year limitation shall not apply for the purposes of 
        making payments from funds appropriated under the 
        fiscal year 1995 Labor, Health and Human Services, and 
        Education, and Related Agencies Appropriations Act for 
        providing public information and outreach activities 
        regarding naturalization and citizenship; and English 
        language and civics instruction to any adult eligible 
        legalized alien who has not met the requirements of 
        section 312 of the Immigration and Nationality Act for 
        purposes of becoming naturalized as a citizen of the 
        United States.

                 TITLE III--REFORM OF LEGAL IMMIGRATION

          * * * * * * *

              Part B--Other Changes in the Immigration Law

          * * * * * * *

SEC. 315. MISCELLANEOUS PROVISIONS.

    (a) * * *
          * * * * * * *
    (c) Sense of Congress Respecting Treatment of Cuban 
Political Prisoners.--It is the sense of the Congress that the 
Secretary of State should provide for the issuance of visas to 
nationals of Cuba who are or were imprisoned in Cuba for 
political activities without regard to section [243(g)] 243(d) 
of the Immigration and Nationality Act (8 U.S.C. [1253(g)] 
1253(d)).
          * * * * * * *

                     TITLE IV--REPORTS TO CONGRESS

SEC. 401. TRIENNIAL COMPREHENSIVE REPORT ON IMMIGRATION.

    (a) Triennial Report.--The President shall transmit to the 
Congress, not later than January 1, 1989, and not later than 
January 1 of every third year thereafter, a comprehensive 
immigration-impact report.
    (b) Details in Each Report.--Each report shall include--
          (1) the number and classification of aliens admitted 
        (whether as [immediate relatives] spouses and children 
        of citizens, special immigrants, refugees, or under the 
        preferences classifications, or as nonimmigrants), 
        paroled, or granted asylum, during the relevant period;
          * * * * * * *
                              ----------                              


  SECTION 702 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE 
        JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1988

  Sec. 702. (a) * * *
  (b) Processing of Immigrant Visa Applications of Cuban 
Nationals in Third Countries.--Notwithstanding section 212(f) 
and section [243(g)] 243(d) of the Immigration and Nationality 
Act, on and after the date of the enactment of this Act, 
consular officers of the Department of State shall process 
immigrant visa applications by nationals of Cuba located in 
third countries on the same basis as immigrant visa 
applications by nationals of other countries.
          * * * * * * *
                              ----------                              


 SECTION 903 OF THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 
                             1988 AND 1989

SEC. 903. PROCESSING OF CUBAN NATIONALS FOR ADMISSION TO THE UNITED 
                    STATES.

    (a) * * *
    (b) Processing of Immigrant Visa Applications of Cuban 
Nationals in Third Countries.--Notwithstanding section 212(f) 
and section [243(g)] 243(d) of the Immigration and Nationality 
Act, on and after the date of the enactment of this Act, 
consular officers of the Department of State shall process 
immigrant visa applications by nationals of Cuba located in 
third countries on the same basis as immigrant visa 
applications by nationals of other countries.
          * * * * * * *
                              ----------                              


                SECTION 6 OF THE FOOD STAMP ACT OF 1977

                     ELIGIBILITY DISQUALIFICATIONS

  Sec. 6. (a) * * *
          * * * * * * *
  (f) No individual who is a member of a household otherwise 
eligible to participate in the food stamp program under this 
section shall be eligible to participate in the food stamp 
program as a member of that or any other household unless he or 
she is (1) a resident of the United States and (2) either (A) a 
citizen or (B) an alien lawfully admitted for permanent 
residence as an immigrant as defined by sections 101(a)(15) and 
101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15) and 8 U.S.C. 1101(a)(20)), excluding, among others, 
alien visitors, tourists, diplomats, and students who enter the 
United States temporarily with no intention of abandoning their 
residence in a foreign country; or (C) an alien who entered the 
United States prior to June 30, 1948, or such subsequent date 
as is enacted by law, has continuously maintained his or her 
residence in the United States since then, and is not 
ineligible for citizenship, but who is deemed to be lawfully 
admitted for permanent residence as a result of an exercise of 
discretion by the Attorney General pursuant to section 249 of 
the Immigration and Nationality Act (8 U.S.C. 1259); or (D) an 
alien who has qualified for conditional entry pursuant to 
sections 207 and 208 of the Immigration and Nationality Act (8 
U.S.C. 1157 and 1158); or (E) an alien who is lawfully present 
in the United States as a result of an exercise of discretion 
by the Attorney General for emergent reasons or reasons deemed 
strictly in the public interest pursuant to section 212(d)(5) 
of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)); 
or (F) an alien within the United States as to whom the 
Attorney General has withheld deportation pursuant to section 
243 of the Immigration and Nationality Act (8 U.S.C. 1253(h)). 
No aliens other than the ones specifically described in clauses 
(B) through (F) of this subsection shall be eligible to 
participate in the food stamp program as a member of any 
household. The income (less a pro rata share) and financial 
resources of the individual rendered ineligible to participate 
in the food stamp program under this subsection shall be 
considered in determining the eligibility and the value of the 
allotment of the household of which such individual is a 
member.
          * * * * * * *
                              ----------                              


    SECTION 214 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980

    Sec. 214. (a) Notwithstanding any other provision of law, 
the Secretary of Housing and Urban Development may not make 
financial assistance available for the benefit of any alien 
unless that alien is a resident of the United States and is--
          (1) * * *
          * * * * * * *
          (5) an alien who is lawfully present in the United 
        States as a result of the Attorney General's 
        withholding deportation pursuant to section [243(h)] 
        241(b)(3) of the Immigration and Nationality Act (8 
        U.S.C. 1253(h)); or
          * * * * * * *
                              ----------                              


    SECTION 304 OF THE MISCELLANEOUS AND TECHNICAL IMMIGRATION AND 
                   NATURALIZATION AMENDMENTS OF 1991

SEC. 304. CORRECTIONS RELATING TO TITLE III OF THE IMMIGRATION ACT OF 
                    1990.

  (a) * * *
          * * * * * * *
  (c)(1) In the case of an alien described in paragraph (2) 
whom the Attorney General authorizes to travel abroad 
temporarily and who returns to the United States in accordance 
with such authorization--
          (A) the alien shall be inspected and admitted in the 
        same immigration status the alien had at the time of 
        departure if--
                  (i) in the case of an alien described in 
                paragraph (2)(A), the alien is found not to be 
                excludable on a ground of exclusion referred to 
                in section 301(a)(1) of the Immigration Act of 
                1990, or
                  (ii) in the case of an alien described in 
                paragraph (2)(B), the alien is found not to be 
                excludable on a ground of exclusion referred to 
                in section 244A(c)(2)(A)(iii) of the 
                Immigration and Nationality Act; and
          (B) the alien shall not be considered, by reason of 
        such authorized departure, to have failed to maintain 
        continuous physical presence in the United States for 
        purposes of section [244(a)] 240A(a) of the Immigration 
        and Nationality Act if the absence meets the 
        requirements of section [244(b)(2)] 240A(b)(2) of such 
        Act.
          * * * * * * *
                              ----------                              


               SOVIET SCIENTISTS IMMIGRATION ACT OF 1992

          * * * * * * *

SEC. 3. WAIVER OF JOB OFFER REQUIREMENT.

  The requirement in section [203(b)(2)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)(2)(A))] 203(b)(3)(B)(i) 
of the Immigration and Nationality Act (8 U.S.C. 
1153(b)(3)(B)(i)) that an alien's services in the sciences, 
arts, or business be sought by an employer in the United States 
shall not apply to any eligible independent states or Baltic 
scientist who is applying for admission to the United States 
for permanent residence in accordance with that section.

SEC. 4. CLASSIFICATION OF INDEPENDENT STATES SCIENTISTS AS HAVING 
                    EXCEPTIONAL ABILITY.

  (a) In General.--The Attorney General shall designate a class 
of eligible independent states and Baltic scientists, based on 
their level of expertise, as aliens who possess ``exceptional 
ability in the sciences'', for purposes of section 
[203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 
1153(b)(2)(A))] 203(b)(3)(B)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)(3)(B)(i)), whether or not 
such scientists possess advanced degrees.
  (b) Regulations.--The Attorney General shall prescribe 
regulations to carry out subsection (a).
  (c) Limitation.--Not more than 750 eligible independent 
states and Baltic scientists (excluding spouses and children if 
accompanying or following to join) within the class designated 
under subsection (a) may be allotted visas under section 
[203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 
1153(b)(2)(A))] 203(b)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)(2)).
          * * * * * * *
                              ----------                              


    SECTION 9 OF THE IMMIGRATION AND NATIONALITY AMENDMENTS OF 1976

  
  [Sec. 9. (a) The amendments made by this Act shall not 
operate to affect the entitlement to immigrant status or the 
order of consideration for issuance of an immigrant visa of an 
alien entitled to a preference status, under section 203(a) of 
the Immigration and Nationality Act, as in effect on the day 
before the effective date of this Act, on the basis of a 
petition filed with the Attorney General prior to such 
effective date.
  [(b) An alien chargeable to the numerical limitation 
contained in section 21(e) of the Act of October 3, 1965 (79 
Stat. 921), who established a priority date at a consular 
office on the basis of entitlement to immigrant status under 
statutory or regulatory provisions in existence on the day 
before the effective date of this Act shall be deemed to be 
entitled to immigrant status under section 203(a)(8) of the 
Immigration and Nationality Act and shall be accorded the 
priority date previously established by him. Nothing in this 
section shall be construed to preclude the acquisition by such 
an alien of a preference status under section 203(a) of the 
Immigration and Nationality Act, as amended by section 4 of 
this Act. Any petition filed by, or on behalf of, such an alien 
to accord him a preference status under section 203(a) shall, 
upon approval, be deemed to have been filed as of the priority 
date previously established by such alien. The numerical 
limitation to which such an alien shall be chargeable shall be 
determined as provided in sections 201 and 202 of the 
Immigration and Nationality Act, as amended by this Act.]
                              ----------                              


    SECTION 19 OF THE IMMIGRATION AND NATIONALITY AMENDMENTS OF 1981

  [Sec. 19. The numerical limitations contained in sections 201 
and 202 of the Immigration and Nationality Act shall not apply 
to any alien who is present in the United States and who, on or 
before June 1, 1978--
          [(1) qualified as a nonpreference immigrant under 
        section 203(a)(8) of such Act (as in effect on June 1, 
        1978);
          [(2) was determined to be exempt from the labor 
        certification requirement of section 212(a)(14) of such 
        Act because the alien had actually invested, before 
        such date, capital in an enterprise in the United 
        States of which the alien became a principal manager 
        and which employed a person or persons (other than the 
        spouse or children of the alien) who are citizens of 
        the United States or aliens lawfully admitted for 
        permanent residence; and
          [(3) applied for adjustment of status to that of an 
        alien lawfully admitted for permanent residence.]
                              ----------                              


                     INTERNAL REVENUE CODE OF 1984

                        Subtitle A--Income Taxes

          * * * * * * *

                  CHAPTER 1--NORMAL TAXES AND SURTAXES

          * * * * * * *

              Subchapter A--Determination of Tax Liability

          * * * * * * *

                      PART IV--CREDITS AGAINST TAX

          * * * * * * *

                  Subpart B--Foreign Tax Credits, Etc.

          * * * * * * *

SEC. 32. EARNED INCOME.

  (a) * * *
          * * * * * * *
  (c) Definitions and Special Rules.--For purposes of this 
section--
          (1) Eligible individual.--
                  (A) * * *
          * * * * * * *
                  (F) Identification number requirement.--The 
                term ``eligible individual'' does not include 
                any individual who does not include on the 
                return of tax for the taxable year--
                          (i) such individual's taxpayer 
                        identification number, and
                          (ii) if the individual is married 
                        (within the meaning of section 7703), 
                        the taxpayer identification number of 
                        such individual's spouse.
          * * * * * * *
  (k) Identification Numbers.--For purposes of subsections 
(c)(1)(F) and (c)(3)(D), a taxpayer identification number means 
a social security number issued to an individual by the Social 
Security Administration (other than a social security number 
issued pursuant to clause (II) (or that portion of clause (III) 
that relates to clause (II)) of section 205(c)(2)(B)(i) of the 
Social Security Act).
          * * * * * * *

                Subtitle F--Procedure and Administration

          * * * * * * *

                         CHAPTER 63--ASSESSMENT

          * * * * * * *

  Subchapter B--Deficiency Procedures in the Case of Income, Estate, 
                     Gift, and Certain Excise Taxes

          * * * * * * *

SEC. 6213. RESTRICTIONS APPLICABLE TO DEFICIENCIES; PETITION TO TAX 
                    COURT

  (a) * * *
          * * * * * * *
  (g) Definitions.--For purposes of this section--
          (1) * * *
          (2) Mathematical or clerical error.--The term 
        ``mathematical or clerical error'' means--
                  (A) * * *
          * * * * * * *
                  (D) an omission of information which is 
                required to be supplied on the return to 
                substantiate an entry on the return, [and]
                  (E) an entry on a return of a deduction or 
                credit in an amount which exceeds a statutory 
                limit imposed by subtitle A or B, or chapter 
                41, 42, 43, or 44, if such limit is expressed--
                          (i) as a specified monetary amount, 
                        or
                          (ii) as a percentage, ratio, or 
                        fraction,
                and if the items entering into the application 
                of such limit appear on such return[.], and
                  (F) an omission of a correct taxpayer 
                identification number required under section 23 
                (relating to credit for families with younger 
                children) or section 32 (relating to the earned 
                income tax credit) to be included on a return.
          * * * * * * *
                              ----------                              


  THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND 
                RELATED AGENCIES APPROPRIATION ACT, 1994

          TITLE I--DEPARTMENT OF JUSTICE AND RELATED AGENCIES

          * * * * * * *

                         DEPARTMENT OF JUSTICE

          * * * * * * *

                 Immigration and Naturalization Service

                         salaries and expenses

  For expenses, not otherwise provided for, necessary for the 
administration and enforcement of the laws relating to 
immigration, naturalization, and alien registration, including 
not to exceed $50,000 to meet unforeseen emergencies of a 
confidential character, to be expended under the direction of, 
and to be accounted for solely under the certificate of, the 
Attorney General; purchase for police-type use (not to exceed 
597 of which 302 are for replacement only) without regard to 
the general purchase price limitation for the current fiscal 
year, and hire of passenger motor vehicles; acquisition, lease, 
maintenance and operation of aircraft; and research related to 
immigration enforcement; $1,048,538,000, of which not to exceed 
$400,000 for research shall remain available until expended, 
and of which not to exceed $10,000,000 shall be available for 
costs associated with the Training program for basic officer 
training: Provided, That none of the funds available to the 
Immigration and Naturalization Service shall be available for 
administrative expenses to pay any employee overtime pay in an 
amount in excess of $25,000: Provided further, That uniforms 
may be purchased without regard to the general purchase price 
limitation for the current fiscal year: Provided further, That 
not to exceed $5,000 shall be available for official reception 
and representation expenses[: Provided further, That the Land 
Border Fee Pilot Project scheduled to end September 30, 1993, 
is extended to September 30, 1996 for projects on the northern 
border of the United States only].
          * * * * * * *
                              ----------                              


  SECTION 506 OF THE INTELLIGENCE AUTHORIZATION ACT, FISCAL YEAR 1990

 requirements for citizenship for staff of united states army russian 
                               institute

  Sec. 506. (a) For purposes of section 319(c) of the 
Immigration and Nationality Act (8 U.S.C. 1430(c)), the United 
States Army Russian Institute, located in Garmisch, Federal 
Republic of Germany, shall be considered to be an organization 
described in clause (1) of [this section] such section.
          * * * * * * *
                              ----------                              


 SECTION 140 OF THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 
                             1994 AND 1995

SEC. 140. VISAS.

  (a) * * *
          * * * * * * *
  (f) Not later than December 31, 1996, the Secretary of State 
and the Director of the Federal Bureau of Investigation shall 
jointly submit to the Committee on Foreign Affairs and the 
Committee on the Judiciary of the House of Representatives, and 
the Committee on Foreign Relations and the Committee on the 
Judiciary of the Senate, a report on the effectiveness of the 
procedures authorized in subsections (d) and (e).
  [(g) This subsection shall] (g) Subsections (d) and (e) shall 
cease to have effect after December 31, 1997.
                ADDITIONAL VIEWS OF REP. ELTON GALLEGLY

    One of the most critical challenges facing the 104th 
Congress is the passage of comprehensive and effective 
immigration reform legislation. For many years, the American 
people have expressed frustration that its leaders in Congress 
have failed to enact policies to eliminate the unacceptably 
high levels of illegal migration to our country. Under the able 
leadership of Representative Lamar Smith, Chairman of the House 
Subcommittee on Immigration and Claims, the Judiciary Committee 
has approved legislation, H.R. 2202, which finally addresses in 
a serious manner the public's concern over this problem.
    In an effort to find solutions to this on-going crisis, 
Speaker Newt Gingrich earlier this year appointed me Chairman 
of the Congressional Task Force on Immigration Reform, which 
was comprised of fifty-four Members of Congress, both 
Republicans and Democrats. We were asked to provide a report to 
the Speaker and relevant congressional committees by June 30, 
1995. In preparing its findings, the Task Force on Immigration 
Reform reviewed existing laws; committee reports; testimony 
before Committees of Congress; and various existing reports 
prepared by a wide-range of organizations and individuals. To 
enhance the expertise of the panel and obtain a first-hand view 
of the problem, the Task Force conducted fact-finding missions 
to San Diego, California; New York, New York; and Miami, 
Florida.
    The Task Force was organized into six working groups to 
focus on the most crucial areas of immigration policy most in 
need of reform. The groups were: Border Enforcement, Chaired by 
Congressman Royce (R-CA); Workplace Enforcement, Chaired by 
Congressman Deal (R-GA); Public Benefits, Chaired by 
Congressman Goss (R-FL); Political Benefits, Chaired by 
Congressman Goss (R-FL); Political Asylum, Chaired by 
Congressman McCollum (R-FL); Deportation, Chaired by 
Congressman Condit (D-CA); and Visa Overstays, Chaired by 
Congressman Goodlatte (R-VA). These working groups met 
individually and made specific recommendations to the entire 
Task Force.
    The Task Force has worked closely with Chairman Smith to 
include over 80% of these recommendations in H.R. 2202--the 
Immigration in the National Interest Act. Many measures were 
incorporated in the original bill, while others have been 
successfully added to the legislation through amendments.
    At the time of introduction, H.R. 2202 included over 
twenty-five Task Force recommendations. In the area of border 
enforcement, these recommendations included the doubling of the 
number of border patrol agents stationed at the border over a 
five year period, increasing penalties for immigrant smuggling 
and the construction of a triple-barrier fencing along the 
U.S.-Mexico border.
    H.R. 2202 also incorporated in its entirety H.R. 1765, a 
bill which I introduced earlier this year that targets long-
term illegal immigration. This legislation prohibits anyone who 
has been in this country illegally for more than one year from 
receiving a visa for a ten-year period. This will serve as a 
strong encouragement for illegal immigrants--both persons who 
overstayed their visa and those who crossed the border 
illegally--to return to their native countries and re-enter 
through legal channels.
    During markup of the bill in the Immigration and Claims 
Subcommittee, I offered four amendments, including three en 
bloc amendments which were accepted. The first amendment 
authorized full reimbursement to state and local governments 
for the costs of providing emergency health care service to 
illegal immigrants. Hospitals are required to verify with INS 
that the patient is illegally in the U.S. as a condition for 
such reimbursement.
    A major focus of the three en bloc amendments involved 
bolstering enforcement efforts targeted at criminal aliens. 
They provided for improving the identification of criminal 
aliens by state and local authorities; mandatory detention of 
all illegal aliens caught re-entering the United States on 
three occasions; increasing penalties for immigrant smuggling; 
increasing funds for investigators and border patrol located in 
the interior; increasing criminal penalties for possessing, 
producing or transferring fraudulent documents; and increasing 
the amount reimbursable for states and local governments for 
the costs of incarcerating criminal aliens. Another important 
measure dealing with criminal aliens authorizes the President 
to enter into negotiations with foreign countries for the 
purpose of reaching agreement on the transfer of alien 
prisoners.
    Furthermore, the en bloc amendments authorized a major 
expansion in the number of asylum officers and more than 
doubled the number of detention spaces available to the 
Immigration and Naturalization Service. This latter provision 
will allow the INS to house illegal entrants determined to be 
high-flight risk or pose a danger to the community.
    As H.R. 2202 was considered by the full Judiciary 
Committee, I offered nine additional amendments, all of which 
were accepted. Two amendments strengthened measures against 
criminal aliens, including one providing that upon the request 
of a state governor, the INS will assist state courts in the 
identification of illegal aliens pending criminal prosecution.
    Several other measures specifically targeted illegal aliens 
who attempt to receive government benefits. One important 
amendment requires the Department of Education to verify the 
immigration status of persons who apply for higher education 
benefits. This provision was promoted by an Education 
Department report which found that ineligible aliens are 
awarded over $70 million in Pell Grants and $45 million in 
Stafford Loans each year. Another measure ensures that state 
officials are able to communicate with the Immigration and 
Naturalization Service for the purpose of verifying the 
immigration status of aliens who are applying for public 
benefits. This measure also ensures that state government 
entities can report to the INS when an alien is illegally 
attempting to access taxpayer financed programs.
    Finally, in an effort to protect American jobs and 
discourage illegal immigration, I introduced an amendment to 
close a major loophole in the existing immigration law. Under 
existing law, an alien who applies for permanent residency 
based on a job offer must demonstrate to INS and the Department 
of Labor that, depending on the visa category, they possess at 
least a specific level of work experience. However, illegal 
work is currently allowed to be counted as valid experience for 
this purpose. This encourages persons to come to the U.S., work 
illegally and then apply for a green card based on that illegal 
work experience. My amendment, which was adopted by the 
Judiciary Committee, would prohibit aliens from using this 
illegal work as evidence that he or she possesses sufficient 
experience and skills to obtain a green card.
    The bill reported by the Judiciary Committee represents a 
watershed in our attempt to once and for all address the 
perplexing issues of illegal immigration. We have a good 
product. However, several additional provisions need to be 
added to the H.R. 2202 when it comes to the House floor. At 
this time, there are several possible amendments under 
consideration, including amendments to give states the option 
of denying free public education benefits to illegal aliens and 
close the loopholes in current law that allow many illegal 
immigrants to improperly receive free public housing.
    Above all else, this landmark legislation is firmly rooted 
in the rule of law. As a society, we simply cannot allow 
anyone, regardless of motivation, to illegally cross our 
borders or overstay their legal welcome in this country with 
impunity. If enacted, this legislation will represent a major 
step in restoring the confidence of our people in the ability 
of the federal government to respond effectively to this 
crisis.

                                                    Elton Gallegly.
                            ADDITIONAL VIEWS

    We want to explain the reasons for two amendments, adopted 
by voice vote in the Judiciary Committee markup. One kept the 
TWOV fine at the current level. The second defined 
``stowaway.''
    The effect of the first amendment was to keep the civil 
penalty assessed against airlines for bringing inadmissible 
aliens from contiguous countries, those commonly referred to as 
aliens ``traveling without visa'' (TWOVs), at its current level 
of $3,000. The original bill would have raised the fee to 
$5,000.
    This amendment, which received the strong bipartisan 
support of our colleagues, was offered for several reasons. In 
our view, this is not the time to raise the fine amount.
    First, we believe the airlines have made significant 
compliance efforts, especially considering that the number of 
passengers has risen at the same time as the amount collected 
in fines has dropped. The airlines paid $21.4 million in fines 
in fiscal year 1992, $18.3 million in fiscal year 1993, and 
$13.4 million in fiscal year 1994. The airlines also invest 
much effort each year in training their staffs in proper 
documentation screening.
    Second, the Immigration and Naturalization Service has not 
yet acted on the direction of Congress in 1994 to establish a 
fine mitigation program. We are concerned that this program, as 
required under Section 273(e) of the Immigration and 
Nationality Act, has yet to be established. Therefore, we urge 
the INS to propose as soon as possible a rule establishing a 
fine mitigation program, pursuant to Congressional intent in 
Public Law 103-416.
    Finally, it should be remembered that the airlines already 
pay for the detention of TWOV passengers through a 1986 
agreement, a $6 per ticket user fee. The user fee, which goes 
to the INS, generated $288 million in fiscal year 1994 alone, 
including a surplus of nearly $40 million. Yet the INS 
maintains a policy that forces U.S. air carriers to assume 
custody and financial responsibility for improperly documented 
passengers, contrary to the 1986 accord.
    This current policy continues to be contrary to 
Congressional intent as expressed in H.R. Rept. No. 197, 99th 
Congress, 1st Sess. 38 (1985) and H.R. Rept. No. 669, 99th 
Congress, 2nd Sess 35 (1986), and reconfirmed in Linea Area 
Nacional de Chile v. Meissner, No. 94-6288 (2d Cir., Sept. 11 
1995). We believe such passengers should be detained at Federal 
detention centers by trained law enforcement officers, rather 
than at accommodations paid for by private transportation 
lines. The INS should therefore assume custodial responsibility 
for all such improperly documented aliens, and should pay for 
these detention costs from the Immigration User Fee Account. 
Funds in this account are intended to cover expenses incurred 
in the provision of various INS services, including the 
detention costs of excludable aliens.
    The second amendment defines ``stowaway'' as someone who 
boards a vessel without consent through concealment. This 
definition comports with the ``stowaway'' definition in 18 
U.S.C. 2199. Further, the definition excludes someone who 
boards an aircraft or other vessel with a ticket. In plain 
language, someone boarding with a ticket does not stow himself 
away seeking to obtain transportation without official consent. 
Thus, it would do violence to plain English language to call 
someone a ``stowaway'' who boards a vessel in plain view and by 
normal means.
    In defining the term ``stowaway,'' the language in the bill 
as amended is intended to include those who use normal boarding 
procedures. We are aware of the trend in the airline industry 
toward so-called ``ticketless'' travel. We intend that the term 
``ticket'' as used in this section of the bill would apply as 
well to those passengers boarding with a boarding pass or other 
indication, including electronic entries, of proper boarding 
authorization in a developing ``ticketless'' environment.
            Sincerely,
                                   Ed Bryant.
                                   Howard Coble.
                                   Fred Heineman.
                                   Steven Schiff.
                                   Martin R. Hoke.
                                   Bob Barr.
                                   Melvin L. Watt.
                                   Steve Chabot.
                                   Sonny Bono.
                  ADDITIONAL VIEWS OF CONGRESSMAN REED

    I voted for H.R. 2202, but did so with certain 
reservations. I believe the United States must take action to 
address the problem of widespread illegal immigration, and H.R. 
2202 takes many important and necessary steps in this regard.
    However, I have serious concerns about the provisions on 
legal immigration, and believe the House should address these 
very different issues in separate legislation. The issue of 
legal immigration should not be considered in the context of 
the emotionally charged debate on illegal immigration. 
Addressing illegal immigration involves criminal laws, border 
enforcement, deportation issues, and workplace enforcement. The 
policy decisions to be made regarding legal immigration are 
completely different.
    I support reasonable restrictions on legal immigration: The 
United States has the right and responsibility to ensure that 
only those who are likely to become productive citizens may 
immigrate to our shores. However, this bill goes too far. For 
example, it arbitrarily denies millions of U.S. citizens who 
have played by the rules and waited in line, in many cases for 
as long as a decade after having paid fees and gotten 
applications approved, the opportunity to sponsor and reunite 
with an overseas family member. The bill also adopts a new 
definition of ``family member'' for immigration purposes which 
excludes brothers and sisters as well as most children over age 
21. Most Americans do not believe that any of their children, 
regardless of how old they are, are distant family members. 
These are but a few of the most troubling legal immigration 
provisions.
    I am also opposed to the cap on refugee admissions, and 
voted to lift the cap, and reform the consultation process. 
Unfortunately, this amendment by Representative Schiff narrowly 
failed on a 16 to 15 vote, with several Members absent. It is 
my hope that this statutory cap will be eliminated when H.R. 
2202 is considered on the House floor. The admission of 
refugees to the United States is intimately connected to our 
foreign policy concerns. We must be able to adjust to swiftly 
changing international conditions. Legislating a cap on refugee 
admissions would send the wrong message to nations that share 
the responsibility for the world's refugees and needlessly 
jeopardize the international system of protection and 
resettlement of those fleeing persecution, torture, and other 
life-threatening situations.
    The current system of consultation between the 
Administration and Congress requires an annual analysis of 
worldwide conditions and provides for emergency situations. It 
is a responsible and flexible system that includes 
Congressional participation in setting annual admissions and 
determining our response to emerging international crises.
    Finally, I would like to commend Subcommittee Chairman 
Lamar Smith and Ranking Member John Bryant for their 
willingness to address these issues. I received assurances from 
Mr. Smith that the House would have the opportunity to address 
the concerns that I have outlined above when the bill is 
considered on the floor. I look forward to working with him to 
make further improvements to this legislation.
                                                         Jack Reed.
       ADDITIONAL VIEWS CONCERNING EMPLOYMENT VERIFICATION SYSTEM

    Amazingly, at a time when many argue that Government is too 
intrusive and bureaucratic and spends too much, Title IV of 
H.R. 2202 proposes a computerized national employment registry 
under the guise of immigration reform. This ``employment 
verification system'' represents a perilous threat to our 
Constitutional rights. By forcing the government to maintain a 
file on every single individual within a covered state and to 
approve every single hiring decision within that state, H.R. 
2202 will truly usher in the era of a ``Big Brother,'' all-
intrusive federal bureaucracy. Even more ominously, since the 
telephone verification system will inevitably be subject to 
government errors and discrepancies, it may will be a mere 
prelude to a full-fledged national ID card, complete with 
voice, retina and fingerprint identifiers.\1\
    \1\ This is in addition to provision in Title I providing for a 
``biometric identifier'' (e.g., finger or hand print for aliens 
frequently crossing the Mexican border).
---------------------------------------------------------------------------
    Although styled a ``pilot program,'' the registry would 
take place in the five states with the largest illegal alien 
population (i.e., California, Texas, New York, Florida, and 
Illinois) \2\ and cover 92.8 million people.\3\ Businesses in 
these States would understandably desire to see Congress 
quickly impose the verification system on the rest of the 
country, less they be placed at an unfair economic 
disadvantage.
    \2\ U.S. Commission on Immigration Reform, U.S. Immigration Policy: 
Restoring Credibility, September 1994 at 64 [hereinafter Commission 
Report].
    \3\ Cato Institute, Statistical Abstract of the United States. 
(1993 figures).
---------------------------------------------------------------------------
    Under the pilot project, no individuals in these States 
will be hired without the express approval of the Federal 
Government. H.R. 2202 requires that all employers in these 
states--from General Motors to households with domestic help--
report new employees to the Federal Government by a telephone 
1-800 number or through computer E-mail within three days. The 
Federal Government would then check the employee's name and 
social security number through its database. If the Government 
does not verify that the person is authorized to work, the 
worker would have 10 days to try to verify his or her 
eligibility and two weeks in which to appeal the decision 
pursuant to the Federal Tort Claims Act. These procedures would 
apply any time anyone begins a new job, and burdens business 
with an additional layer on top of the current I-9 document 
verification requirements.
    The employee verification system will not be foolproof. 
During hearings on the bill it was conceded that the SSA and 
INS computers do not even have the capacity to read each 
other's data.\4\ A recent study by the INS found a 28 percent 
error rate in the Social Security Administration (SSA) 
database.\5\ This verification requirement therefore creates 
huge possibilities for flawed information being disseminated to 
employers which will deny American citizens and lawful 
permanent residents the opportunity to work. Even if the error 
rate could be substantially reduced, it will still translate 
into millions of postponed or lost job opportunities.
    \4\ See Transcript of Oversight Hearing on Work Site Enforcement of 
Employer Sanctions, Friday, March 3, 1995, U.S. House of 
Representatives, Subcommittee on Immigration and Claims, Committee on 
the Judiciary.
    \5\ Telephone Verification System (TVS) Pilot, Report on the 
Demonstration Pilot-Phase I (1993) (9 company test) [hereinafter TVS 
Pilot Report].
---------------------------------------------------------------------------
    The ``verification system'' is no answer to the problem of 
discrimination. In order to avoid the disruptions resulting 
from government errors and discrepancies, employers would most 
likely continue to avoid including individuals whose 
appearance, name, accent or family background make their 
profile appear ``foreign.'' Moreover, as amended, H.R. 2202 
would require that a person alleging discrimination under the 
existing employer sanctions provision show that the employer 
intended to discriminate, a burden of proof that is extremely 
difficult to satisfy.
    And the tester program included in the bill \6\ will not 
redeem a bad program. We doubt the Republican Majority will be 
clamoring to appropriate funds for testers in the present 
budget environment. Even if they did, the program would be able 
to effect only a small fraction of the nation's employers.
    \6\ This requires the Attorney General implement a ``tester'' 
program which includes individuals posing as genuine applicants, in 
order to monitor and ensure that the verification system is being 
applied fairly.
---------------------------------------------------------------------------
    The verification system proposed in this bill will also 
dangerously increase the Federal Government's ability to 
monitor individuals. Although the legislation purports to limit 
the use of the information maintained in these new files to 
``employment verification'' purposes only, the system is bound 
to be subject to unauthorized disclosures and leaks. Just as 
supposedly sacrosanct census data were used to identify 
Japanese-Americans for internment during World War II, the 
massive new data base necessitated by the Republican 
immigration bill will prove a tempting target for future 
legislation intent on cracking down on tax cheaters, 
``deadbeat'' dads, or unpopular dissident groups.
    The U.S. Commission on Immigration Reform estimates the 
cost of design and development of the combined SSA/INS database 
at $4 million over a two year period. \7\ The Commission 
further estimates the annual cost of maintaining and operating 
the verification system at $32 million. \8\ Whatever the cost, 
we believe that the verification system is a poor allocation of 
scarce resources. And the costs to the private sector will be 
many, many times greater, as employers will be forced to incur 
major operational and administrative costs in order to verify 
new employees. \9\ Worst of all, inevitable system errors will 
result in economic injustice to those individuals whose right 
to work will be lost to computer error.
    \7\ Commission Report, supra note 2 at 70.
    \8\ The report also states that correcting errors in the database 
will require the largest financial output. Discrepancies referred to 
the Social Security Administration will cost approximately $122 million 
initially with an annual cost of $30 million. Commission Report, supra 
note 2 at 64.
    \9\ The INS pilot project indicated compliance costs of $5,000 for 
each company, but actual compliance costs would be several times that, 
since the pilot project only checked prospective employees who 
identified themselves as immigrants, not every individual offered a 
job. See TVS Pilot Report, supra note 5.
---------------------------------------------------------------------------
    Certainly illegal immigration is a problem. But to adopt a 
system that punishes honest employers and lawful residents and 
citizens in order to deter others from breaking the law is to 
lose all sense of perspective. We urge the Members to oppose 
the employment verification provisions of H.R. 2202.

                                   John Conyers, Jr.
                                   Pat Schroeder.
                                   Zoe Lofgren.
                                   Jerrold Nadler.
                                   Sheila Jackson-Lee.
                                   Melvin L. Watt.
                                   Jose E. Serrano.
                                   Xavier Becerra.
       ADDITIONAL VIEWS CONCERNING INVESTORS PREFERENCE PROGRAMS

    On whichever side of the immigration debate one falls, we 
should all be able to agree that maintaining the Investor's 
Preference Program is unconscionable in a bill otherwise 
reducing the number of legal immigrants in most categories. 
Yet, H.R. 2202 reserves 10,000 spots for anyone who happens to 
be wealthy enough to spend $1 million to start a business in 
the U.S. (or $500,000 under a special pilot program), even 
though only 400 immigrants were admitted through this program 
last year.
    Simply being wealthy should not entitle immigrants to a 
place in line for themselves and their families. By maintaining 
this program, we are sending the message that wealth for the 
sake of wealth is a virtue, regardless of the individual's 
ability or character.
    Proponents of the Investor's Preference Program argue there 
is nothing inappropriate about an immigration policy that gives 
a priority to those who can contribute to this country's 
financial wellbeing. We agree. We believe that typical legal 
immigrants, with their entrepreneurial spirits and work ethic, 
make such contributions. Few come here with a million dollars 
in their pockets, yet many become successful entrepreneurs. 
Some are millionaires today. This is what America is about--
opportunity, not birthright.
    Not surprisingly, wealthy foreigners have discovered ways 
to exploit the Investor's Preference Program to their 
advantage. In fact, an entire cottage industry has emerged 
where ``investment advisors'' take the money, invest it in what 
they advertise as ``INS approved'' businesses and then 
guarantee residence status AND a return of the investment.
    Suffice it to say there is no due diligence required to 
confirm that the invested funds come from legitimate sources. 
Thus, deposed dictators could raid their countries' treasuries 
and then find themselves at the front of our immigration line. 
Drug cartel kingpins escaping prosecution in their home 
countries could do the same.
    It is worth noting that there is nothing in our current 
immigration policy to prevent a foreign national from starting 
a business here or investing in an existing American venture. 
The fact that America is one of the strongest consumer markets 
in the world provides ample incentive for foreign investment 
here.
    We do not need to bribe foreign investors with an offer of 
permanent residence status, particularly since such status is 
the first step to American citizenship. American citizenship 
simply is not a commodity for sale. Not for a million dollars. 
And not at any other price.
    For these reasons, we dissent from the investor preference 
provisions in H.R. 2202.
                                   John Conyers, Jr.
                                   John Bryant.
                                   Bobby Scott.
                                   Melvin L. Watt.
                                   Jerrold Nadler.
                                   Jose E. Serrano.
                                   Xavier Becerra.
                                   Barney Frank.
        ADDITIONAL VIEWS CONCERNING H-1B TEMPORARY VISA PROGRAM

    We oppose the provisions in Title VIII relating to the H-
1B, or ``temporary'' visa program for skilled workers. We agree 
with other opponents that the H-1B program displaces American 
workers, drives down wages in certain sectors, creates an 
indentured class of foreign workers, and discourages Americans 
from entering certain fields (most notably, science and 
engineering).
    As Secretary Reich has said:

    We have seen numerous instances in which American 
businesses have brought in foreign skilled workers after having 
laid off skilled American workers, simply because they can get 
the foreign workers more cheaply. The program has become a 
major means of circumventing the costs of paying skilled 
American workers or the costs of training them.\1\
    \1\ Washington Post, October 21, 1995.
    Among other criticisms of the current H-1B program is that it does 
not require any labor market test for availability of qualified 
American workers before seeking H-1B workers, and there is no 
prohibition against laying off American workers and replacing them with 
H-1B foreign workers. Businesses have sprung up for the sole function 
of bringing in H-1B foreign workers and shopping them around to other 
businesses for a fee. Certain companies (see e.g., AIG (American 
International Group), Washington Post, October 21, 1995; Sealand Inc., 
a division of CSX Corp., Wall Street Journal, October 9, 1995) have 
laid off entire departments to utilize these H-1B job contractors.
---------------------------------------------------------------------------
    Moreover, H.R. 2202 would require that only ``depending'' 
H-1B employers abide by all Department of Labor H-1B program 
regulations.\2\ Other employers will not be required to obtain 
a ``joint attestation'' from clients stating that they have not 
and will not lay off any U.S. worker doing the same job as the 
contract H-1B employee or that they will pay the H-1B employee 
100% of the mean of the laid-off worker's wage. They will not 
be required to post notices informing U.S. workers of the 
employment of H-1B foreign workers when they move them to new 
job sites.\3\ They will not be required to file a new Labor 
Condition Application when an H-1B employee is moved to work or 
temporarily travels to work in a city not listed on the 
original application, unless the principal place of employment 
changes. They will not be required to pay per diem when 
temporarily sending H-1B foreign workers to other job sites. 
And, they will not be subject to Department of Labor compliance 
investigations unless someone files a complaint with the 
Department against them--i.e., the Department cannot initiate 
such investigations.
    \2\ Section 806(b) of the bill defines a dependent H-1B employer as 
one with less than 21 employees, four or more of whom are H-1B 
nonimmigrant foreign workers; employers with at least 21 but not more 
than 150 employees, 20% of whom are H-1B nonimmigrant foreign workers; 
and, employers with at least 151 employees, 15% of whom are H-1B 
nonimmigrant foreign workers. However, dependent employers who file 
plans with the Department of Labor to reduce their dependency over time 
are treated the same as non-dependent employers.
    \3\ Central to the proper working of the entire H-1B system is the 
provision of notice to U.S. workers that the employer is bringing H-1B 
foreign workers to the job site. If an American worker is unaware of 
the occurrence or the terms and conditions, or subsequently finds the 
employer is not fulfilling the H-1B visa requirements--i.e., paying the 
H-1B foreign worker the prevailing wage--then the American worker would 
know a complaint can be filed with the Department of Labor. Without the 
notice requirement, the predominantly compliant-driven H-1B enforcement 
system collapses.
---------------------------------------------------------------------------
    At the same time, the Department of Labor is given only 45 
days to accept or reject ``private source'' wage information. 
We believe the combination of these changes will lead to grave 
mischief and serious harm to American workers. It also would 
result in shifting some compliance burdens from the employers 
who benefit from the H-1B program to the government (i.e., the 
taxpayers).
    Although we understand required that foreign workers be 
paid ``110% of the mean'' laid-off worker's wages rule as one 
meant to be an incentive against laying off U.S. workers, we 
consider it a modest one at best, and--if history is any 
guide--one subject to easy circumvention. In addition, why 
should any employer--at any price--be permitted to lay off 
American workers in order to hire foreign workers with 
impunity?
    Finally, it must not go unnoted that--at the same time 
Congress is cutting the Department of Labor's appropriations--
this Committee is increasing the Department's workload under 
the H-1B program and imposing serious time constraints in 
accomplishing much of that additional work, but providing no 
additional resources.
    Instead we believe, as Secretary Reich has urged since 
1993, the displacement of American workers through the use of 
the H-1B program must be faced head on. To do this, the H-1B 
program must be returned to its original purpose--to provide 
temporary assistance to domestic businesses to fill short-term 
unique, high-skilled needs. There must be a flat prohibition 
against laying off American workers and replacing them with H-
1B foreign workers. U.S. employers must be required to take 
timely, specific steps to recruit and retain American workers 
to wean themselves from the use of H-1B foreign workers. The 
length of time for an H-1B ``temporary'' visa must be reduced--
from the current 6 year maximum to a maximum of three years. 
Further, the existing Department of Labor regulations on the H-
1B program are salutary to the operation of the program and 
must be maintained for all employers of H-1B foreign workers.
                                   John Conyers, Jr.
                                   Jerrold Nadler.
                                   Howard L. Berman.
                                   Bobby Scott.
                                   John Bryant.
                                    Sheila Jackson-Lee.
                                   Melvin L. Watt.
                                   Jose E. Serrano.
                                   Xavier Becerra.
                            DISSENTING VIEWS

    Although, we support legislation which would more 
effectively prevent illegal immigration, we strongly oppose the 
bill's historically shortsighted and dramatic reductions and 
attacks against legal immigrants, refugees, and asylum seekers. 
The lawful and orderly admission of close family relatives of 
U.S. citizens--their children, spouses, parents, brothers and 
sisters--strengthens American families, upholds family values, 
and benefits the Nation as a whole. If enacted, H.R. 2202 would 
create myriad hardships and inequities for millions of U.S. 
citizens who would be prohibited from reuniting with close 
family members. Moreover, according to the State Department, an 
estimated 2.5 million U.S. citizens who have pending petitions 
to secure visas for close relatives and have waited for years 
for the visa to be issued would have their hopes of reuniting 
their families arbitrarily destroyed by the bill. \1\
    \1\ See infra note 70.
---------------------------------------------------------------------------
    H.R. 2202 also makes it virtually impossible for those 
legitimately fleeing persecution to claim political asylum. In 
addition, the bill imposes a cap that will result in a 
reduction of admissions of refugees in fleeing persecution. 
This will close America's doors to many Cubans fleeing Castro, 
Bosnians uprooted by civil war, and Jews, Christians and other 
religious or ethnic minorities seeking safe haven and 
protection.
    Some argue that dramatic cuts in legal immigration and 
protection of refugees are supported by the American people. 
Unlike this bill, however, voters draw a clear distinction 
between illegal and legal immigration.\2\ More than eight out 
of ten voters believe that Congress should settle the problem 
of illegal immigration before worrying about reducing the 
number of legal immigrants.\3\ In addition, by a margin of 
seven to one, voters reject measures which would unfairly 
penalize prospective legal immigrants who are following the 
rules in their efforts to enter the United States.\4\
    \2\ Research by Public Opinion Researcher Dr. Vincent J. Breglio on 
the Public's View of U.S. Immigration Policy (February 27, 1996).
    \3\ Id.
    \4\ Id.
---------------------------------------------------------------------------
    The House should enact an immigration bill to address 
legitimate issues and concerns regarding illegal immigration. 
The House should reject the proposed dramatic reductions and 
restrictions in legal immigration, refugee admissions and 
access to political asylum which H.R. 2202 seeks to impose.

  title i. deterrence of illegal immigration through improved border 
         enforcement, pilot programs, and interior enforcement

                   Triple tier fence endangers lives

    Section 102, which would mandatorily institute a 14-mile 
three-tier fence along the U.S.-Mexico border in San Diego, 
constitutes a dangerous attempt to micromanage the Immigration 
and Naturalization Service's (INS) authority. The INS already 
uses fencing where the topography, support personnel, and 
technology make it an effective component of its overall 
deterrence strategy; this bill will require fencing where its 
use would be ineffective and even dangerous to INS personnel. 
Douglas Kruhm, Chief of Border Patrol has written that 
installing triple-tier fencing along 14 miles of the San Diego 
sector would:

    [I]ncrease the danger to agents by enclosing them in areas 
without easy escape routes . . . [O]ur experience tells us that 
multiple fencing with intervening roads presents multiple 
dangers for the physical safety of our agents [and] has shown 
that when we travel in a single, predictable line, aliens will 
attack vehicles and agents with rocks.\5\
    \5\ Letter from Douglas Kruhm, Chief, Border Patrol Immigration and 
Naturalization Service, U.S. Department of Justice, to Honorable Henry 
Hyde, Chairman, Committee on the Judiciary, U.S. House of 
Representatives (September 18, 1995).

    Although section 102 authorizes appropriations of $12 
million to build the fencing, the INS estimates that its cost, 
including land purchase, construction, and maintenance, would 
be between $85 and $115 million.\6\ At a time when the United 
States economy is becoming increasingly integrated with the 
economies of other countries, it seems particularly 
inappropriate to erect more fences and walls between ourselves 
and friends, neighbors and trading partners.
    \6\ Letter from Jamie S. Gorelick, Deputy Attorney General, U.S. 
Department of Justice, to Honorable Henry J. Hyde, Chairman, Committee 
on the Judiciary, U.S. House of Representatives (September 15, 1995) 
[hereinafter, House Judiciary Views Letter].
---------------------------------------------------------------------------

   title iii. inspection, apprehension, detention, adjudication, and 
             removal of inadmissible and deportable aliens

  I. ``Streamlined'' Deportation Procedures Are Unnecessary and Unfair

    Subtitle A restructures the exclusion and deportation 
provisions of the immigration laws in a manner which strips the 
process of essential due process safeguards. Although the 
purported purpose for many of these changes is to 
``streamline'' existing procedures and eliminate fraud in the 
system, many of the new procedures will serve only to prevent 
individuals from knowing about, or effectively asserting, their 
rights under U.S. law. It would be far preferable to rely on 
current law, under which increased staffing and enhanced INS 
procedures have resulted in significant gains in expediting 
decisions and reducing backlogs.\7\ Deportations of criminal 
and illegal aliens in 1995 exceeded 51,600, a 15% increase over 
the preceding year, and a 75% increase over 1990.\8\ The 
simplified, new asylum procedures have reduced the incentives 
for false claims and resulted in a drastic reduction in the 
asylum case load (new cases dropped by 57%) and a doubling of 
INS's productivity (completing 126,000 cases during 1995 
compared with 61,000 in 1994).\9\
    \7\ CFR Part 208 (1995). See also John M. Goshko, Revised Political 
Asylum System Shows Promise in Early Stages, The Washington Post, July 
9, 1995, at A16.
    \8\ Immigration and Naturalization Service, INS Ends 1995 with New 
Record in Alien Removals (December 28, 1995).
    \9\ INS News Release, INS Successfully Reforms U.S. Asylum System, 
January 4, 1996 [hereinafter INS News Release].
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    The bill includes several harsh new bans on the ability of 
aliens to seek lawful entry into this country. Sec. 301(c)(A) 
of the bill lengthens the period for which an individual is 
barred from the United States from one to five years in the 
case of an alien who has been turned away upon his or her 
arrival to the United States; and from five to ten years (20 
years in the case of an aggravated felon) in the case of an 
alien who is deported from the United States. Sec. 301(c)(B) 
bans persons who have resided in the United States without 
lawful documentation for a total of 12 months from reentry for 
10 years. These inflexible provisions would cause great 
hardship, not just to new immigrants, but to their American 
families. As Mr. Bryant of Texas, a cosponsor of this 
legislation, argued:

    I think it is a mistake for us to put [the 10-year ban] 
into the law because I think undoubtedly thousands of people 
are going to accidentally be caught by this provision when we 
pass this law and suddenly will be faced with not being able to 
reenter the United States for 10 years . . . I think that 
situation is going to result in a flood of individual cases 
coming before this committee trying to get relief . . . and 
every one of the cases, undoubtedly, every one of the cases, 
are going to be heartrending and tear-jerking and probably 
meritorious and we are going to turn this committee into a 
virtual immigration court for the next several years. I just 
don't think it will work.\10\
    \10\ Judiciary Committee Markup Transcript on H.R. 2202, September 
20, 1995 p. 134.

    Although a few modest exceptions to this punitive provision 
were added during Committee markup,\11\ the 10-year ban on 
reentry will inevitably divide families that have been waiting 
in line for immigrant visas for many years and inflict extreme 
hardship on U.S. citizens and permanent residents who will be 
forced to make the impossible choice of having their family 
divided until a visa is available or leaving the U.S. 
themselves to keep their families together. The Justice 
Department has also asserted that enforcing the 10-year ban 
``would generate needless and costly litigation.'' \12\
    \11\ The Committee agreed to a number of limited exceptions, 
including not counting toward 12 month unlawful documentation period 
during which an alien is a minor, a bona fide asylum applicant, has 
Family Unity protection, or has work authorization. Similarly an 
amendment offered by Representative Berman authorizes the Attorney 
General to provide a waiver for the 10-year reentry ban ``to assure 
family unity, or when it is otherwise in the public interest'' for the 
spouse, parent or child of either a U.S. citizen or permanent resident. 
And an amendment added by Representative Lofgren provides that waivers 
would be available for certain ``national security interests.''
    \12\ House Judiciary Views Letter, supra note 6 at 17-18.
---------------------------------------------------------------------------
    Section 302, providing for the expedited removal of aliens, 
will unfairly result in bona fide asylum seekers being expelled 
to face persecution. Under this section, aliens could be 
removed based merely on the unreviewed judgment of an 
immigration officer and his or her supervisor. Such 
``expedited'' removal may be ordered if the examining 
immigration officer determines that an alien is inadmissible 
under INA sections 212(a)(6)(C) (fraud or misrepresentation) or 
212(a)(7) (lack of valid documents). The notion that fraudulent 
documents, or the absence of appropriate documents, can be used 
to trigger this procedure virtually guarantees that individuals 
genuinely fleeing persecution and therefore least likely to 
obtain appropriate documents from their persecutors will be 
returned to the persecutors.
    The new substantive standard for determining whether an 
alien may be subjected to expedited exclusion is similarly 
unworkable in the context of initial screening. Under proposed 
section 235(B)(v) of the INA, in order to establish a credible 
fear of persecution, the applicant for asylum would need to 
establish that ``it is more probable than not that the 
statements made by the alien in support of the alien's claim 
are true, and * * * there is a significant possibility, in 
light of such statements * * * that the alien could establish 
eligibility for asylum.'' This is simply too onerous a standard 
for an asylee to meet who has just escaped dangerous 
persecution.
    Current law and procedure strike a far more appropriate 
balance between the need to screen out truly frivolous claims 
and to afford applicants due process. Under current procedures, 
a person who fears persecution may go before an immigration 
judge to prove eligibility for asylum and can seek an 
administrative appeal if the claim is rejected. The asylum 
seeker may be represented at no cost to the government during 
this process.\13\
    \13\ 8 CFR 3.16(b) (1995).
---------------------------------------------------------------------------
    Section 304 of H.R. 2202 would eliminate the Attorney 
General's discretionary section 212(c) or ``cancellation of 
removal'' authority if a person is sentenced to five years, in 
the aggregate, for one or more aggravated felony convictions. 
This change would needlessly deprive the Attorney General of 
the discretion to provide relief to an individual who, having 
been convicted, did not serve a single day in prison.

   II. Using Secret Evidence To Deport Aliens Poses a Threat to Due 
                                Process

    Section 321 of the bill would for the first time allow 
aliens (including permanent residents) to be deported based on 
classified evidence submitted on an ex parte basis. An alien 
alleged to be involved in ``terrorism'' would not be permitted 
to receive a summary of the evidence against him or her if the 
5-judge panel finds that his or her presence or the preparation 
of the summary would likely cause serious and irreparable harm 
or injury. Although permanent residents are permitted to have a 
member of a panel of specially approved attorneys review the 
secret evidence, the bill does not permit the permanent 
resident to select his or her own attorney--even from the pre-
approved panel--or confer with such counsel concerning the 
secret evidence. Section 321 also provides for immediate 
detention without bail and limited one-sided appellate rights 
only for the government. Further, there is no requirement that 
the government disclose any exculpatory evidence to the alien 
or even to the special court.
    This provision is a clear violation of the right to due 
process as guaranteed by the Fifth and Fourteenth 
Amendments.\14\ The cardinal rule of due process is that 
evidence used against a party must be fully disclosed to that 
party. The Supreme Court and lower courts have consistently 
held that aliens who have entered the United States gain the 
full protections of the Constitution's due process clause, and 
cannot be deported on the basis of evidence not disclosed to 
them.\15\ In the 1976 case of Matthews v. Diaz, the Court 
wrote:
    \14\ Provisions limiting an alien's right to select an attorney and 
denying the attorney the ability to discuss the evidence with his or 
her client also raise serious ethical and lawyer-client privilege 
issues. It has also been noted that the section is inconsistent with 
U.S. treaty obligations pertaining to due process protections and 
freedom of association under the International Covenant on Civil and 
Political Rights. See Letter from Lawyers Committee for Human Rights to 
Subcomm. on Crime, Committee on the Judiciary, U.S. House of 
Representatives (May 12, 1995).
    \15\ See Kwong Hai Chew v. Colding, 344 U.S. 590 (1953) (INS could 
not subject returning permanent resident alien to ``summary exclusion'' 
based on secret evidence); Rafeedie v. INS, 795 F. Supp. 13 (D.D.C. 
1992) (INS attempt to expel a permanent resident alien on the basis of 
undisclosed classified information held to be unconstitutional).

    There are literally millions of aliens within the 
jurisdiction of the United States. The Fifth Amendment as well 
as the Fourteenth Amendment, protects every one of these 
persons from deprivations of life, liberty, or property without 
due process of law. Even one whose presence in this country is 
unlawful, involuntary, or transitory is entitled to that 
constitutional protection.\16\
    \16\ Matthews v. Diaz, 426 U.S. 67, 77 (1976).

    In American-Arab Anti-Discrimination Committee v. Reno,\17\ 
the Ninth Circuit recently reaffirmed this principle when it 
found that ``[a]liens who reside in this country are entitled 
to full due process protections'' and noted that ``the very 
foundation of the adversary process assumes the use of 
undisclosed information will violate due process. * * *'' \18\ 
The Court acknowledged that while ``not all of the rights of 
criminal defendants are applicable in the civil context, the 
procedural due process notice and hearing requirements have 
`ancient roots' in the rights to confrontation and cross-
examination'' and should be fully provided for in deportation 
proceedings.\19\
    \17\ 70 F.3d 1045 (9th Cir. 1995).
    \18\ Id. at 1067.
    \19\ Id. at 1066.
    Although we have previously allowed the use of secret evidence to 
exclude aliens who have not yet entered this country, our experience 
with such procedures highlights the dangers present in denying any 
party due process. In the infamous case U.S. ex rel. Knauff v. 
Shaughnessy, 338 U.S. 537 (1950), secret evidence was used to exclude 
from the United States the German wife of a U.S. citizen who had fled 
to England when Hitler came to power. In his dissenting opinion, 
Justice Jackson argued, ``[t]he plea that evidence of guilt must be 
secret is abhorrent to free men, because it provides a cloak for the 
malevolent, the misinformed, the meddlesome, and the corrupt to play 
the role of informer undetected and uncorrected.'' In a subsequent 
hearing necessitated by public outrage over the denial of Mrs. Knauff's 
visa it was learned that the ``confidential source'' offering the 
secret evidence was a jilted lover. When the INS sought to use secret 
evidence to expel an alien several years ago, the D.C. Circuit likened 
the alien's position to that of ``Joseph K. in The Trial,'' finding 
that ``[i]t is difficult to imagine how even someone innocent of all 
wrongdoing could meet such a burden.'' Rafeedie v. INS, 880 F.2d 506, 
516 (D.C. Cir. 1989).
---------------------------------------------------------------------------

   III. Excluding Individuals Based on Mere Membership in Designated 
       Organizations Threatens Freedom of Speech and Association

    We also object to section 331 of the bill which specifies 
that membership in any organization designated as ``terrorist'' 
constitutes grounds for deporting or excluding an alien from 
the United States, regardless of whether or not the individual 
has engaged in or supported any unlawful acts.\20\ This 
provision would resurrect the infamous McCarran-Walter Act,\21\ 
which was repealed by Congress in 1990 after it was held to be 
unconstitutional as applied to several aliens.\22\
    \20\ Under current law, a person who has engaged in terrorism, or 
about whom a consular officer or the Attorney General has a reasonable 
ground to believe is likely to engage in any terrorism, is already 
excludable from the United States. See 8 U.S.C. Sec. 1182(a)(3)(B)(i).
    \21\ The McCarran-Walter Act allowed, among other things, for the 
deportation of aliens who ``advocate the economic, international and 
governmental doctrines of world communism or the establishment in the 
United States of a totalitarian dictatorship, or who are members of or 
affiliated with any organization'' that so advocates. 8 U.S.C. 
1251(a)(6)(D) & (H) (1988). That law, which applied to aliens who were 
members of the communist party or advocated communist doctrine, was 
used to exclude Pierre Trudeau, the former Prime Minister of Canada, 
French actor Yves Montand, British author Grapham Greene, and Columbian 
Nobel laureate Gabriel Garcia Marquez. See Counter Terrorism 
Legislation, Hearing before the Subcomm. on Terrorism, Technology, and 
Government Information of the Senate Comm. on the Judiciary, 104th 
Cong., 1st Sess. 21 (May 4, 1995) (statement of Professor David Cole).
    \22\ See Immigration Act of 1990, Pub. L. No. 101-649 (repealing 
McCarran-Walter Act); Rafeedie v. INS, 795 F. Supp. 13, 22-23 (D.D.C. 
1992); American-Arab Anti-Discrimination Comm. v. Meese, 714 F. Supp. 
1060 (C.D. Cal. 1989), vacated, American-Arab Anti-Discrimination Comm. 
v. Thornburgh, 970 F.2d 501 (9th Cir. 1991) (holding the McCarran-
Walter Act to be unconstitutional as applied).
---------------------------------------------------------------------------
    The fact that aliens in this country are entitled to full 
First Amedment rights was also forcefully reafirmed in 
American-Arab Anti-Discrimination Committee v. Reno.\23\ The 
Ninth Circuit found that the proposed deportation of seven 
Palestinians and a Kenyan for their alleged ties to the Popular 
Front for the Liberation of Palestine was inconsistent with 
First Amendment freedom of association protections, holding 
that ``the values underlying the First Amendment require the 
full applicability of First Amendment rights to the deportation 
setting.''\24\
    \23\ 70 F.3d 1045 (9th Cir. 1995).
    \24\ Id. at 1063. A Washington Post editorial emphasized the 
fundamental fairness of the American-Arab Anti-Discrimination Comm. 
decision:
    ``[T]he bottom line from the appellate court is this: Aliens 
present in the United States have the same right to political speech 
and association as citizens. Aliens cannot be singled out for 
deportation because they exercise those rights. * * * These clear and 
principled determinations are on firm constitutional ground.
    Aliens and Speech, Wash. Post, Nov. 13, 1995 at A20.
---------------------------------------------------------------------------

IV. Waiver of Exclusion and Deportation for Certain 274C Violations Too 
 Narrow To Ensure Against Extreme Hardship on Families of Citizens and 
                       Lawful Permanent Residents

    The Committee agreed to authorize the Attorney General to 
waive exclusion or deportation for an alien who is already a 
lawful permanent resident and who has temporarily proceeded 
abroad and has committed document fraud on behalf of a spouse, 
parent, or son or daughter.\25\ Although this waiver improves 
current law and is a welcome addition to the bill, we believe 
that it should be expanded to ensure that the law does not 
impose extreme hardship on families of any alien who commits a 
274C violation. An alien who is the spouse, parent, son or 
daughter of a United States citizen or lawful permanent 
resident whould not be excluded or deported for committing a 
274C violation if the refusal of admission would result in 
extreme hardship to the citizen or lawful permanent resident 
family member. The Attorney General should at least be granted 
this limited amount of discretion when considering the 
permanent separation of close familes.
    \25\ H.R. 2202 Sec. 362 (1995). Under current law, section 274C of 
the INA, at 8 U.S.C. 1324c prohibits the use or creation of a 
fraudulent document for immigration purposes. Violation of this 
provision would subject an alien to both a civil penalty as well as 
exclusion under section 212(a)(6)(F) of the INA, at 8 U.S.C. 1182 
(a)(6)(F)) or deportation under section 241(a)(3)(C) of the INA, at 8 
U.S.C. 1251 (a)(3)(C)).
---------------------------------------------------------------------------

        TITLE IV. Enforcement of Restrictions Against Employment

    A wide range of views exists regarding whether and to what 
extent the proposed new worker verification ``pilot project'' 
established under Section 403 represents sound public policy. 
There is no disagreement among us, however, on two key points: 
(i) if a verification system is ultimately adopted, protections 
should be afforded innocent employers and workers who might be 
adversely affected by inaccurate information; and (ii) 
regardless of whether it is adopted, the INS and Department of 
Labor must be granted enhanced authority to penalize 
unscrupulous employers who consistenly hire undocumented aliens 
and exploit them in near ``slave-labor'' conditions.

     I. Protecting the rights of employees and employers under the 
                          verification system

    In recognition of the potential liability that innocent 
employers may face by dismissing or refusing to hire job 
applicants due to errors in government databases or in the 
operation of the verification pilot program, the Committee 
adopted an amendment protecting from liability those employers 
who, in ``good faith,'' rely on the verification confirmation 
mechanism. It is important to note, in this context, that the 
amendment should not be interpreted to prevent dismissed 
employees or unsuccessful job applicants from challenging 
employers who had other, unlawful motivations to dismiss or 
refuse to hire such employees and applicants. The intent is 
carefully limited to protect employers only under circumstances 
in which the relevant hiring decision is triggered solely by 
inaccurate information provided by the confirmation mechanism.
    Equally important in this regard is an amendment offered by 
Representative Frank (and approved by the Committee by voice 
vote) protecting innocent employees from errors arising from 
the verification mechanism, by allowing them to seek 
compensation under the Federal Tort Claims Act (FTCA).\26\ 
Because the verification process would (like employer 
sanctions) be administered at the time of hire, all authorized 
workers who may be adversely affected by errors in the pilot 
verification system will be afforded redress through at least 
one of several existing mechanisms. For example, any employee 
who is hired, if even for a few hours, and who is subsequently 
dismissed because of inaccurate information provided by the 
confirmation mechanism will automatically be entitled to 
compensation under the FTCA. In this connection, we note that 
the amendment's wording ``shall be entitled to compensation'' 
indicates that the employee in such circumstances need only to 
demonstrate, based on a preponderance of evidence, that the 
dismissal was attributable to an error in the confirmation 
mechanism. No proof of negligence is required and none of the 
existing exemptions from liability in the FTCA (including for 
harm flowing from policy decisions or claims arising from 
``misrepresentation, deceit, or interference with contract 
rights'') are applicable to this new form of redress.
    \26\ 28 U.S.C. Sec. Sec. 2671-2680.
---------------------------------------------------------------------------
    To the extent that employers verify prospective employees 
selectively, or apply the results of information differently 
based, for example, on national origin or citizenship status, 
such employers would be liable for discrimination claims 
brought by the affected job applicants. In such cases job 
applicants have several avenues to pursue redress. First, 
selective application of verification procedures is already 
prohibited under INA Sec. 274B (``Unfair Immigration-Related 
Employment Practices''). Second, such actions may also be 
prohibited (depending on the specific circumstances), under 
Title VII of the Civil Rights Act and/or under 42 U.S.C. 
Sec. 1981, both of which address employment discrimination 
claims based on race and national origin. In this respect, we 
note that the ``good faith'' immunity provision does not 
protect employers who abuse the verification system by applying 
it in ways not required by the law.
    The Committee also tried to strike a careful balance 
between protecting the rights of the employer and the rights of 
the employee in certain unusual circumstances arising from the 
temporary or time-limited nature of employment authorization 
documents possessed by certain individuals, or cases in which 
employers have reason to believe that individuals presenting 
what appear to be genuine documents are nonetheless 
unauthorized to work. At issue is the existing provision of INA 
Sec. 274A, which prohibits employers who have been provided 
documents which on their face appear genuine from requiring the 
production of a specific document or additional documents.\27\ 
The Frank amendment addresses two specific circumstances in 
which it may be permissible for employers to request additional 
documents from individuals. It permits employers to request 
from an employee who previously submitted a time-limited 
employment authorization document an additional document 
demonstrating continuing employment eligibility. In addition, 
if an employer has a reasonable basis to believe that an 
individual who presents a document which appears on its face to 
genuine is in fact unauthorized to work, the bill only permits 
such employer to: (1) inform the individual of his intention to 
verify the validity of the document; and (2) dismiss the 
individual upon receiving confirmation that the individual is 
authorized to work.
    \27\ Adopted as part of the Immigration Act of 1990, this provision 
is designed to prevent adverse impact on authorized workers who have 
been required by employers to produce additional documents, even after 
presenting legitimate documents demonstrating employment authorization. 
Some employers, apparently fearing the consequences of requiring such 
employees to produce additional or subsequent documents, have requested 
a clarification of what is and what is not permitted in such 
circumstances.
---------------------------------------------------------------------------
    Nothing in the legislation, however, prohibits the 
individual from offering alternative documents which 
demonstrate employment authorization. In addition, while 
verification is pending, the employer may not delay the hiring 
of, refuse to hire, or dismiss, or take any adverse employment-
related action incident to the hiring against the individual, 
unless such action is wholly unrelated to the eligibility 
issue. In this context, nothing in the bill can or should be 
read to permit any action related to the document verification 
process in general, or to the request for additional documents 
or additional verification of documents presented in 
particular, that is a mere pretext for unlawful discrimination.

 II. The legislation fails to recognize that labor law enforcement is 
                vital to employer sanctions enforcement

    The opportunity for employment is the single most important 
and pervasive incentive for illegal immigration. There are 
industries which rely upon and, more often than not, exploit 
the work of undocumented workers. H.R. 2202 fails to recognize 
the important role played by the Department of Labor in helping 
combat illegal immigration by complementing enforcement of 
employer sanctions. The bill would authorize only 150 
additional staff positions for the Wage and Hour Division to 
investigate violations of wage and hour laws in areas where 
there are high concentrations of undocumented workers,\28\ a 
substantially weaker commitment to worksite enforcement than 
the President's FY96 budget request calling for (202 additional 
positions).\29\ Even this weak provision is meaningless, since 
the Republican Majority has previously voted to cut funding for 
DOL Wage and Hour Division.\30\ In this sense the bill lacks 
teeth by refusing to allow the Administration to complete its 
comprehensive anti-illegal immigration strategy which has thus 
far been highly successful at the border.\31\
    \28\ H.R. 2202, Sec. 102 (2).
    \29\ House Judiciary Views Letter, supra note 6. See also Worksite 
Enforcement of Employer Sanctions: Hearing Before the Subcom. on 
Immigration and Claims, 104th Cong., 1st Sess. (1995) (statement of 
Maria Echaveste, Administrator, Wage and Hour Division, U.S. Department 
of Labor) [hereinafter Statement of Maria Echaveste].
    \30\ 141 Cong. Rec. H3281-H3303 (daily ed. March 16, 1995). See 
also Statement of Maria Echaveste supra note 29.
    \31\ ``A Good Border Year: 1995 was a Year of Progress and 
Innovation'', San Diego Union-Tribune, December 29, 1995. See also 
``Encouraging Progress on Deportations: Statistics Support the Steady, 
Measured Approach of the INS,'' Los Angeles Times, January 12, 1996.
---------------------------------------------------------------------------
    The Committee rejected, by a party line vote, an important 
amendment offered by Representative Berman which would have 
authorized funding the new Wage and Hour inspectors, given the 
Secretary of Labor authority to issue subpoenas and collect 
evidence against violating employers and doubled the penalties 
for employers found to have violated both labor standards and 
immigration laws. This would assist the INS and Department of 
Labor in uncovering horrible situations like the incarceration 
and enslavement of Thai immigrants in El Monte, California by 
garment manufacturers,\32\ and crack down on employers who 
treat the penalties available under current law as a mere cost 
of doing business.\33\ In rejecting Representative Berman's 
amendment, the Majority signals an unwillingness to enforce the 
law. Minor and sporadic sanctions will never be sufficient to 
overcome the economic and competitive advantages that 
unscrupulous employers may achieve by hiring and exploiting 
illegal immigrants, thereby undercutting competitors who 
provide fair wages and working conditions.
    \32\ Editorial, Slavery's Long Gone? Don't Bet on it, L.A. Times, 
August 4, 1995, at B8. (Thais paid $1.60 an hour and found confined in 
illegal garment factory in El Monte). See also George White, Workers 
held in Near-Slavery, Officials Say, L.A. Times, August 3, 1995, at A1.
    \33\ Id.
---------------------------------------------------------------------------

              title v. reform of legal immigration system

    Under the bill, legal immigration would be reduced from 
800,000 admissions to a nominal 535,000 immigrants a (thirty 
percent reduction).\34\ In addition, the bill includes a whole 
host of new procedural rules which would push the numbers far 
below the 535,000 cap.\35\ Moreover, after a short transition 
period, through category elimination or new restrictions, U.S. 
citizens will be virtually unable to sponsor their mother, 
father, brother, sister or adult child for immigration. The 
bill sets up a false dichotomy between the ``nuclear family'' 
of permanent residents on the immigration waiting lists and the 
relatives of U.S. citizens. Title V's reductions in the number 
of legal immigrants and in access to legal immigration reflect 
a fundamental misunderstanding of the character and benefits of 
America's historic commitment to legal immigration, family 
reunification and protection of refugees.
    \34\ See CRS Report for Congress, Immigration: Analysis of Major 
Proposals to Revise Family and Employment Admissions, February 14, 
1996.
    \35\ See discussion, infra.
---------------------------------------------------------------------------
    Title V's premise is that legal immigration and refugee 
admissions are higher than ever, and create problems and costs 
rather than benefits and opportunities. This is a false and 
distorted understanding, belied by numerous government and 
private sector studies and the reality of how today's 
immigrants are revitalizing communities across the country. 
Last year's legal immigrant and refugee admissions roughly 
equaled the level of immigration in the early 1900's, but as a 
proportion of the population, today's admissions are about one 
third the level of that time period.\36\
    \36\ Current Population Reports (1994 March Supplement), U.S. 
Bureau of Census. On an annual basis, total legal immigration 
constitutes only three immigrants for every 1,000 Americans, and 
immigrants comprise only 8.7% of the U.S. population.
---------------------------------------------------------------------------
    According to both conservative and liberal analysts, from 
organizations such as the CATO Institute, the Urban Institute 
and the Councils of Economic Advisors of Presidents Reagan and 
Bush, immigrants pay much more in taxes than the cost of 
services to them (although most taxes are paid to the Federal 
Government and most services, especially education and health 
care, are provided by local governments).\37\ Indeed, the Urban 
Institute concluded in 1994 after reviewing all relevant 
studies that immigrants pay $25-30 billion annually more in 
total taxes than the total cost of services.\38\ A 1990 survey 
of leading U.S. economists, including seven Nobel laureates, 
found that 80% believed immigration has had a ``very favorable 
impact'' on economic growth.\39\ The Department of Labor and 
the AFL-CIO have also concluded that in the aggregate 
immigrants stimulate the economy.\40\ Moreover, a 1990 study 
found that there is no correlation between the levels of 
immigration and unemployment either in states or on the 
national level.\41\
    \37\ Julian N. Simon, Immigration: The Demographic and Economic 
Facts published by CATO Institute and the National Immigration Forum.
    \38\ Fix, Michael and Jeffery Passel, Setting the Record Straight: 
Immigration and Immigrants (Urban Institute Press: 1994) (Washington, 
D.C.) [hereinafter Setting the Record].
    \39\ Survey of Economists, conducted by the Alexis de Tocqueville 
Institution cited in An Analysis of H.R. 2202: The Immigration in the 
National Interest Act of 1995 by Stuart Anderson, (September 1995) at 
p. 12 [hereinafter Anderson Analysis]. See also Stuart Anderson, 
Employment Based Immigration and High Technology February 1996
    \40\ See, Press Release--United States Department of Labor, July 
11, 1989. See also Resolutions 59-61, AFL-CIO 1995 Resolution Book One, 
October 23-26, 1995.
    \41\ Richard Vedder, Lowell Gallaway, and Stephen Moore, 
Immigration and Unemployment: New Evidence, Alexis de Tocqueville 
Institution, July 1994.
---------------------------------------------------------------------------
    Perhaps more important than the economic contributions are 
the familial, social and political contributions of immigrants. 
Legal immigrants, refugees and persons granted asylum are ``new 
Americans'' who do not threaten, but rather strengthen the 
great American experiment in freedom and democratic pluralism. 
Immigrants have died defending American interests in foreign 
wars and have made discoveries which have strengthened our 
military capacity. Immigrants who have fled tyranny and 
oppression deeply appreciate the freedom which America offers, 
and their work and perspective serves to enhance the American 
commitment to freedom and democracy.

I. Dramatically reduces family-sponsored immigration and punishes those 
          who have waited to lawfully enter the United States

    As noted above after a short transition period, the bill 
would make it virtually impossible for U.S. citizens to sponsor 
their mother, father, brother, sister, or adult child for 
immigration. In addition, the bill would set an annual cap on 
family immigration of 330,000--more than one-third below 
current levels. This arbitrary cap is inadequate to meet the 
needs of U.S. citizen families and would create immediate 
backlogs for spouses and minor children of lawful permanent 
residents as well as parents of U.S. citizens. We also object 
to the bill's arbitrary reduction to 85,000 in the number of 
visas granted to spouses and minor children of lawful permanent 
residents. \42\ Immigration by spouses and minor children of 
lawful permanent residents is currently set at approximately 
98,000 per year, \43\ a number that does not meet current 
demand and is already creating massive backlogs.
    \42\ H.R. 2202, Sec. 512(a)(1).
    \43\ Immigration and Naturalization Factbook Summary of Recent 
Immigration Data, August 1995, at p. 8 [hereinafter Factbook].
---------------------------------------------------------------------------
    We object to the arbitrary exclusion of parents from the 
immediate relative category, thereby subjecting them to a 
45,000 cap and a 25,000 floor. \44\ There is no justification 
for limiting immigration by parents who may be the main source 
of childcare and other familial support for working families. 
\45\ The 25,000 visa limit would mean that 50% of U.S. citizen 
sponsors who wish to reunite with their parents would be 
prevented from doing so a massive new blacklog would be 
created. While we agree that spouses and minor children should 
receive priority, we see no rationale for this arbitrary limit 
on parents of U.S. citizens.
    \44\ H.R. 2202, Sec. 512(a)(2)(A).
    \45\ Parent immigration currently numbers approximately 56,000 per 
year. As the number of spouses and children of citizens increase, the 
number of visas available for spouses and children of permanent 
residents decrease. Since that category is guaranteed of minimum of 
85,000, the residuum that is left for parents of United States citizens 
decreases. Thus the overall family cap, combined with projected need, 
means that immigration by parents under H.R. 2202's would immediately 
meet the 25,000 floor set by the bill. The cap of 45,000 would be 
meaningless, as other superseding categories would prevent this number 
from being reached. See Factbook supra, note 43 at 13.
---------------------------------------------------------------------------
    In addition, Section 512(b)'s requirement that parents of 
citizens procure health insurance before they can obtain a visa 
represents a nearly insurmountable obstacle to their 
immigration. The Administration estimates that even where it 
may be possible to purchase the required health insurance for 
an elderly parent, it would cost an average of $9,000 or more a 
year, prohibitively high for most American families. \46\ We 
are also concerned that insurers may not agree to offer health 
insurance for immigrating parents at any cost. \47\
    \46\ Letter from Jamie Gorelick, Deputy Attorney General, U.S. 
Department of Justice, to Orrin G. Hatch, Chairman, Committee on the 
Judiciary, U.S. Senate (February 14, 1996).
    \47\ Id.
---------------------------------------------------------------------------
    H.R. 2202 also unfairly eliminates immigration by married 
adult children of U.S. citizens, siblings of U.S. citizens, and 
most unmarried adult children of both citizens and residents. 
It is disturbing to think that government policy would keep 
American parents and their children apart simply because a 
child is older than 21 years of age. Of all immigrants, 
children on the brink of entering the workforce are exactly the 
type of new Americans this country needs, they will be here in 
their most productive years and they will be here to care for 
their parents in their golden years. \48\
    \48\ Representative Smith's amendment allowing immigration by 
certain adult sons and daughters of U.S. citizens and lawful permanent 
residents is so narrow as to be virtually meaningless. We see no logic 
in barring all adult children who are over age 25 and imposing a 
requirement that the son/daughter has ``never been married'' is 
absolutely unjustified. This requirement would bar a 21-year-old 
daughter whose husband has died and who remains dependent on the family 
for emotional and physical support, especially in a time of grief and 
transition. Similarly, this requirement would bar a daughter who has 
fled from an abusive situation and sought a divorce in order to save 
her own life. And imposing a requirement that the son or daughter be 
childless serves only to harm innocent dependents who might at that 
point be in dire need of the support that grandparents can provide.
---------------------------------------------------------------------------
    We also find little rationale for eliminating immigration 
by siblings of U.S. citizens.\49\ Brothers and sisters help to 
reinforce the family unit. They contribute to the economic and 
emotional strength of a family in many ways, such as pooling 
money to open businesses and sharing in the care of parents of 
each other's children.\50\
    \49\ At a minimum, this category should be maintained at least 
until those who have been waiting lawfully in line with approved 
petitions are allowed to immigrate to the United States.
    \50\ Immigration by brothers and sisters of U.S. citizens currently 
numbers approximately 65,000, while adult unmarried sons and daughters 
number only approximately 46,000 per year. Moreover, immigration by 
married sons and daughters of U.S. citizens are limited to 23,400. 
These are modest numbers and should be maintained.
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                   II. Unjustifiable cap on refugees

    We strongly object to the bill limiting admissions of 
refugees to 50,000 per year--reducing current admissions by 
approximately half.\51\ Such a cap would undermine our efforts 
to encourage the international community to be more forthcoming 
on refugee resettlement and send the wrong signal to those 
governments who may question our commitment to promoting human 
rights around the world. Given the political and economic 
instability in almost every region of the world, it is 
imperative that the United States maintain its current flexible 
admissions policy for domestic resettlement that allows for 
expansion and contraction of numbers in response to changing 
conditions.
    \51\ H.R. 2202 Sec. 521(a)(2)(A). In FY 1995, 98,000 refugees were 
admitted, and in FY 1996 90 slots have been set aside. See CRS Report: 
Immigration, Public Policy Institute, Ruth Wassen, Joyce Vialet, 
William Krouse, January 17, 1996.
---------------------------------------------------------------------------
    A cap on refugee admissions would represent an historic 
shift in the country's commitment to protecting people 
worldwide who have been persecuted or fear persecution because 
of their race, religion, nationality, political opinion, or 
membership in a particular group. Current law provides an 
orderly but flexible process in which the Administration can, 
in consultation with Congress, set the number of annual refugee 
admissions at a level that accounts for both the global 
situation and our international commitments.\52\ Congress 
maintains the final say over refugee admissions through the 
appropriations process, even as the President has the authority 
to provide additional slots if justified by ``urgent 
humanitarian concerns or are otherwise in the national 
interest.'' H.R. 2202 would take the dramatic step of requiring 
a full-fledged act of Congress to allow any additional refugees 
to meet compelling humanitarian needs.
    \52\ 8 U.S.C. 1157 Sec. 207.
---------------------------------------------------------------------------
    H.R. 2202's proposed policy shift could not come at a more 
inappropriate time. The United Nations High Commissioner for 
Refugees has estimated that since 1992 the number of refugees 
worldwide has risen to 20 million.\53\ The consequences of a 
refugee cap are neither abstract nor theoretical: it would 
require dramatic reductions not only in the number of former 
Soviet Jews, Evangelical Christians, and Ukrainian Catholics 
admitted as refugees, but also in the number of Vietnamese, 
Bosnian and Cuban admissions. By forcing the government to 
choose among equally worthy groups, the cap would politicize 
refugee admissions and endanger the lives of thousands of 
people worldwide.\54\ For example, we expect to admit 40,000 
Jewish refugees from the former Soviet Union over the next 
several years, but we are also committed to accepting between 
7,000 to 14,000 Cubans as part of our agreement with Cuba. Just 
these two programs could exceed the 50,000 cap.\55\
    \53\ Letter from Reno von Rooyen, Representative of the United 
Nations High Commissioner for Refugees, to Hon. Henry J. Hyde, 
Chairman, Committee on the Judiciary, U.S. House of Representatives 
(October 25, 1995).
    \54\ The refugee cap is in direct conflict with the will of the 
House of Representatives. On May 28, 1995, the House adopted an 
amendment to H.R. 1561 that questions the potential forced repatriation 
of Vietnamese asylum seekers held in detention throughout Southeast 
Asia. It also foresaw the potential resettlement of these Vietnamese, 
which would put additional pressures on the U.S. refugee admissions 
program just as a refugee cap of 50,000 is enacted. The amendment, 
sponsored by Representative Chris Smith, requires the United States to 
offer as many as 40,000 of these people the opportunity to resettle 
here or in other free countries would be impossible to implement under 
a ``hard cap'' of 50,000 refugees per year.
    \55\ Anderson Analysis, supra, note 39, p. 26.
---------------------------------------------------------------------------
    An amendment was made by Chairman Hyde to permit the annual 
50,000 cap to be exceeded in the event of an ``emergency'' at 
some time after the annual consultation with Congress on 
refugee numbers. It is unlikely, however, that the cap would be 
pierced. Once the State Department has squeezed the numbers 
down to 50,000 for a given year, by shutting down or reducing 
ongoing programs it is most unlikely to reverse itself by 
raising the numbers and re-establishing these same programs in 
mid-year no matter how compelling the circumstances.

 III. Severely limits attorney general's humanitarian parole authority

    We oppose the bill's sweeping new restrictions on the 
Attorney General's parole authority. Section 524 of the bill 
states that the Attorney General may parole aliens on a case by 
case basis only for urgent humanitarian reasons or for a reason 
deemed strictly in the public interest. We believe that there 
is no rationale for this legislative change. The current law 
provides the Attorney General with appropriate flexibility to 
deal with compelling immigration situations.\56\ For example, 
the amendment would not permit the parole of an alien to attend 
the funeral of a close family member or of a parent to 
accompany a child paroled into the United States for an organ 
transplant.\57\ In light of the proposed refugee cap, this 
provision unwisely ties the Administration's hand in an area 
where flexibility is always needed to deal with unforeseen 
emergency migration circumstances.
    \56\ 8 U.S.C. Sec. 1157.
    \57\ Letter from Jamie S. Gorelick, Deputy Attorney General, U.S. 
Department of Justice, to Henry J. Hyde, Chairman, Committee on the 
Judiciary, U.S. House of Representatives (September 15, 1995) at 4.
---------------------------------------------------------------------------

          IV. Asylum procedures contravene international norms

    Section 531 represents an unnecessary and dangerous effort 
to reform the system by which asylum is granted to persons who 
have a well-founded fear of persecution and need protection in 
the United States. As a result of the regulatory changes 
adopted in January of 1995,\58\ and the increases in 
appropriations provided under the 1994 Crime Bill, the asylum 
process has been improved substantially.\59\ Additional asylum 
officers and the increases in the immigration judge corps have 
allowed us to gain control over the potential fraud in asylum 
applications and increase our effectiveness in completing cases 
within 180 days of application. New asylum claims filed with 
the INS since the reforms have decreased by 57 percent, from 
123,000 in 1994 to 53,000 in 1995.\60\ And the asylum process 
was able to process more than 126,000 cases as compared to only 
61,000 cases in the previous year.\61\ Eighty-four percent of 
cases are now heard within 60 days of applications,\62\ 
ensuring that applicants obtain access to a speedy procedure. 
At the same time, the INS has redirected their sources to focus 
on fraud investigations concerning asylum, and several cases 
have resulted in convictions.\63\ Yet, in the face of these 
positive developments, H.R. 2202 unnecessarily imposes time 
limits on applications and restricts the Attorney General's 
discretionary authority to withhold deportation.
    \58\ 59 Fed. Reg. 62284-62303 (1994) (amending 8. C.F.R. Sec. 228 
effective January 4, 1995).
    \59\ See Celia W. Dugger, Immigration Bills' Deadlines May Imperil 
Asylum Seekers, N.Y. Times, February 12, 1996, at B1.
    \60\ INS News Release supra note 9.
    \61\ Id.
    \62\ Id.
    \63\ William Branigan, INS Chief Highlights Reform in Political 
Asylum System: Year-Long Campaign Slashes New Claims by 57 Percent, 
Wash. Post, January 5, 1996, at A2.
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    The 30-day time limit for filing asylum applications set 
forth in Section 531 will create a complex layer of 
adjudication and divert resources from resolving the merits of 
the asylum applications.\64\ The 30-day time limit will also 
result in increased applications which have not been carefully 
prepared, since asylum seekers will be forced to submit by the 
deadline or be categorically denied. Most meritorious 
applicants rarely make their first contact with human rights 
organizations, much less find legal assistance for the 
preparation of their applications, within such a short time 
period.\65\
    \64\ Since the bill rightfully does not apply a 30 day limit to 
withholding of deportation, the Attorney General will have to decide 
the merits of a refugee's claim regardless of the timeliness of the 
application. Also, while the Committee correctly amended the bill to 
incorporate a waiver of the 30 day time limit where there has been a 
change of in any circumstances, the INS will now not only have to 
divert resources to adjudicate the timeliness of the application, but 
to adjudicate the waivers available for changed personal circumstances 
as well as country conditions.
    \65\ Since many asylum seekers flee their home countries with few 
resources, many persons cannot afford private attorneys and have to 
rely on church groups, charitable organizations and other low cost 
legal service providers. See David Cole, Making Time for Freedom 
Thirty-Day Deadline for Political Asylum Requests Defies Reality, Legal 
Times, December 4, 1995, at 20.
---------------------------------------------------------------------------
    The requirement that asylum applications be filed within 30 
days also violates U.S. international obligations. Article 33 
of the 1967 Protocol regarding the Status of Refugees binds 
signatories to the duty of not returning any refugee who could 
face a threat to his or her life or liberty in the country of 
reared persecution, regardless of when the person makes known 
the claim to need such protection. While the United Nations 
High Commissioner for Refugees has acknowledged that some 
countries can impose filing deadlines, they have forcefully 
stated that the failure to abide by such deadlines cannot be a 
reason by which the application is not considered at any future 
time.\66\
    \66\ During Committee mark-up of the bill, the Majority stated the 
Committee's expectation that the application itself could be 
simplified, so that asylum seekers could submit a short and simplified 
application within the 30 day time limit, with a second opportunity to 
amplify and strengthen the application at a later date. While this is 
not the best or the preferred solution, if necessary the Committee 
should make this understanding very clear to the Administration so that 
the regulations clearly allow for a subsequent opportunity for the 
applicant to supplement, amplify, and complete the formal application 
at a later date after the 30-day period.
---------------------------------------------------------------------------
    Section 305 of the bill eliminates the Attorney General's 
current discretionary authority of ``withholding of 
deportation.'' This is a serious breach of current policy and 
U.S. obligations under United Nations conventions.\67\ Under 
current law, if a person is denied discretionary asylum, he or 
she can still seek protection under a higher standard for 
withholding of deportation. This requires that the applicant 
show that it is more likely than not that his or her life or 
freedom would be threatened in the country of origin. By 
eliminating such withholding of deportation discretion, the 
bill abrogates international refugee law requiring that a 
country not forcibly return (refoul) a person to a place of 
persecution.\68\
    \67\ U.N. Convention on the Status of Refugees--Article 33 (1951).
    \68\ During deliberations at the Committee mark-up, there were 
several statements by the Majority that it is their intent that 
withholding of deportation will be restored as the bill moves to a 
floor vote. See Judiciary Committee Markup Transcript October 11, 1995, 
at p. 101-103. We fully expect such a change to be made, consistent 
with current law and obligations under international refugee law, and 
are willing to work with the Majority to ensure that this vital 
protection remains in the U.S. law.
---------------------------------------------------------------------------
    We would also note that under section 531 asylum may be 
precluded if the Attorney General, pursuant to bilateral 
agreements with third countries, is able to find another 
country that is willing to accept that person. In our view it 
is essential that the third country return provision be 
construed to retain a high level of discretion for the Attorney 
General to decide what is most appropriate in individual cases, 
consistent with humanitarian circumstances and United States 
security concerns.\69\
    \69\ In this regard, the discussion at the Committee mark-up 
highlighted the common understanding about this flexibility for the 
Attorney General, and the inclusion of a public interest exception in 
this discretionary authority. We view the potential of these return 
agreements with caution. Assurances must be obtained that the intent of 
the agreement now being negotiated with Canada, and other future 
schemes with other countries, will not serve to diminish refugee 
protection for those who need it. In this regard, we urge that such 
agreements be based not on the concept of entry, but targeted to reduce 
the number of double applications. What is important is not necessarily 
the route which a refugee goes through before applying for asylum in a 
given country, but rather that an asylum seeker can make a claim in one 
country, and if found not to be refugee under a fair and substantive 
procedure, he or she would be prevented from shopping around and making 
unfounded claims in other countries. Return agreements should not focus 
on the method, time or process of transit and entry; they should focus 
on the need to prevent duplicate applications in various nations, when 
their cases have been already fairly determined not to be well founded 
and are clearly abusive.
---------------------------------------------------------------------------

      IV. Keeps families separated and fails to eliminate backlogs

    While the formula for backlog reduction set forth in 
section 553 of the bill addresses a substantial portion of the 
existing backlog for spouses and minor children of lawful 
permanent residents, it does nothing to address the issue of 
equity for those in eliminated family categories who have been 
waiting lawfully for their turn to immigrate for many 
years.\70\ Even with the visas provided to address the backlog 
of spouses and minor children of lawful permanent residents, 
there will remain as estimated 300,000 people in the backlog at 
the end of five years.\71\ Tragically, the bill would result in 
the permanent separation of the families of U.S. citizens, in a 
purported effort to benefit the immediate relatives of lawful 
permanent residents in the second family preference category.
    \70\ There are approximately 2.5 million eligible relatives in the 
potentially eliminated categories whose visa petitions have been 
approved according to Testimony by Cornelius D. Scully, Director, 
Office of Legislation, Regulation and Advisory Assistance, U.S. State 
Department, at Markup of H.R. 1915, Immigration in the National 
Interest Act of 1995, U.S. House of Representatives, Subcomm. on 
Immigration and Claims, Committee on the Judiciary, (July 17, 1995).
    \71\ Id.
---------------------------------------------------------------------------
    Proponents of this legislation have argued that the 
elimination of the adult children and siblings family 
preference categories is necessary in order to expedite the 
reunification of the ``nuclear families'' of permanent 
residents--for which there is a 1.1 million person backlog. 
Approximately 850,000 of the people in the backlog are the 
spouses and minor children of permanent residents who were 
undocumented immigrants who were granted legalized status 
according to the legalization provisions of the Immigration 
Reform and Control Act of 1986 (IRCA).\72\ It has been 
estimated that up to half \73\ of the 850,000 are already in 
the country under quasi-legal resident status under the Family 
Unity protection provisions of the Immigration Act of 1990.\74\
    \72\ Id.
    \73\ See CRS Report for Congress, Immigration: Analysis of Major 
Proposals to Revise Family and Employment Admissions, February 14, 
1996.
    \74\ Pub. L. No. 101-649, 105 Stat. 322, Sec. 301 (1990).
---------------------------------------------------------------------------
    Nearly all of the immigrants legalized by IRCA have now 
satisfied the five-year residency requirement for 
naturalization.\75\ The newly gained eligibility for 
naturalization of legalized permanent residents is contributing 
greatly to the record surge of naturalization applications 
being filed at INS district offices throughout the United 
States.\76\ The families of those who are naturalizing will 
become eligible to immigrate immediately and subject to no 
numerical limits as the spouses and minor children of new 
citizens.
    \75\ See 8 U.S.C. Sec. 1447.
    \76\ Harry Pachon, Prop. 187 Isn't All That's Propelling Latinos to 
INS, The Sacramento Bee, May 22, 1995, at B7.
---------------------------------------------------------------------------
    At the same time, as noted above, this legislation would 
eliminate forever, the ability of United States citizens and 
lawful permanent residents to petition for the immigration of 
their children over the age of 21 or to bring in their 
siblings. Given these changes, a more equitable solution to the 
backlog problem would be to ``grandfather in'' all those with 
approved visa petitions, or at least those within a year or two 
after enactment of reaching their ``priority date.'' A new 
legal immigration system that begins with backlogs is not a 
system that has been meaningfully reformed.

    V. Sunset provision is backdoor attempt to stop all immigration

    We are extremely troubled by Section 505 which amends 
Section 201 of the INA to require Congressional review of the 
numerical limits placed on immigration. Although, the review 
provision has been described as merely requiring a ``periodic'' 
revisitation of immigration policy by Congress, we are 
concerned, however, that the sunset provision, could end all 
numerically limited immigration into the United States after 
the fiscal year 2004, the year the bill designates as the first 
period of review.
    This provision could be construed as a backdoor attempt at 
a moratorium on immigration. Under this provision determined 
immigration opponents would be given significant leverage in 
blocking new immigration legislation. If, for example, during a 
review period, a small group of Senators who are opponents of 
all immigration decide to filibuster the required 
reauthorization bill, the sunset requires that all numerically 
limited immigration be halted. Ultimately, this section could 
have the effect of eliminating immigration to the United 
States, with the exception of the immediate relatives of U.S. 
citizens who fall within a numerically unrestricted 
category.\77\
    \77\ See also Letter from Larry M. Eig, Legislative Attorney, 
American Law Division, Congressional Research Service, to Honorable 
Patsy T. Mink, Member, U.S. Congress (February 28, 1996).
---------------------------------------------------------------------------

         title vi. restrictions on benefits for illegal aliens

    Title VI effectuates a number of redundant \78\ and 
unneeded changes relating to the availability of public 
benefits not only to undocumented but also to legal aliens, and 
imposes a series of harsh new restrictions and burdens on 
families seeking to sponsor immigrants.
    \78\ Most major needs-based programs are already denied to illegal 
aliens. Generally, those programs that do not check immigration status 
provide crisis intervention, public health service or services for 
small children; or small programs such as soup kitchens and baseball 
leagues that are administered by non-profit charities or church groups. 
See, Larry Eig and Joyce Vialet, CRS Report 93-1046A, Alien Eligibility 
Requirements for Major Federal Assistance Programs (December 8, 1993).
---------------------------------------------------------------------------

     I. Unfunded mandates on state and local governments and harsh 
    restrictions on public assistance available to legal immigrants

    Section 601(b) would require state and local governments to 
deny any contracts, loan agreements, and professional or 
commercial licenses funded by the state to aliens not lawfully 
present in the United States. This would impose significant new 
unfunded mandates on state and local governments, and slow down 
services for all residents, aliens and citizens alike.\79\ 
Although section 603 contains a list of programs that would be 
excepted from the requirements of section 601 and 602 (e.g., 
for ``non-cash, in-kind, short-term emergency disaster 
relief''), the language is too narrowly drawn to relieve states 
and localities from most of these time-consuming, 
administrative requirements.
    \79\ This provision would require that federal, state and local 
government entities that issue such licenses develop a system to verify 
the immigration status of every applicant for such licenses. For 
example, section 601(b)'s prohibition on state and local governments' 
provision of professional or commercial licenses to persons not 
lawfully present implicitly requires that all federal, state and local 
government entities that issue such licenses develop systems to verify 
the immigration status of every applicant for such licenses. Not only 
would this likely result in discriminatory treatment, it would also 
pose an enormous unfunded burden on state and local entities that would 
inhibit their ability to provide services to all applicants and 
residents in their states or localities.
---------------------------------------------------------------------------
    The ``public charge'' provisions of section 622 are also 
far too rigid.\80\ For example, it would require the 
deportation of someone for having received public benefits even 
if the individual later becomes completely self-reliant. 
Another example of the rigidity of section 622 is its 
subjecting refugees or asylees who become ``public charges'' to 
deportation notwithstanding the fact that requirement is waived 
at the time of entry.\81\ We are also troubled by the list of 
programs in section 622 for which receipt by an immigrant would 
constitute being a ``public charge.'' For instance, Title XX 
Social Service Block Grants to states (used for emergency needs 
such as homeless shelters, soup kitchens, and battered spouse 
shelters) are included on the list even though these programs 
are provided through state and local governments and are often 
administered by private charities.\82\
    \80\ Current law already provides for the deportation of immigrants 
who become public charges, and we feel it more appropriate that we 
encourage the Immigration and Naturalization Service to step up its 
enforcement of existing law. See 8 U.S.C. 1251(a)(1)(A).
    \81\ Under current law a refugee or asylee who is admitted to the 
United States is admitted without regard to whether they may later 
become a public charge because it is thought their flight from 
persecution and our offer of safe harbor should not be dependent on 
their financial circumstance. See 8 U.S.C. Sec. Sec. 1157(c)(3), 
1159(c). Yet, section 622 would subject these individuals to public 
charge deportation if they were to use more than 12 months of public 
services within their first seven years in the United States.
    \82\ See 42 U.S.C. 1397(o).
---------------------------------------------------------------------------

            II. Harsh restrictions on sponsors of immigrants

    Under section 631's ``deeming'' provision, the income and 
resources of an immigrant's sponsor would be attributed to the 
immigrant for purposes of determining eligibility for public 
benefits without regard to whether the sponsor is actually 
making any contribution to the immigrant's well-being or 
whether the sponsor is able to meet his or her own family 
obligations. Section 631 also dramatically expands the number 
of federal programs that are ``deemed'' (SSI, AFDC, and Food 
Stamps) to include nearly every federal means-tested benefit--
both cash and non-cash.
    Programs that receive federal funds and would be forced to 
implement these burdensome restrictions include child 
protective services, foster care, prenatal care, job training, 
teen crisis centers, soup kitchens, homeless shelters, Pell 
grants for education, and student loans. This means that state 
and local governments, colleges and universities, and private 
charities would have to ask all of their clients, including 
U.S. citizens, whether they came to the U.S. as immigrants and 
whether they had sponsors. Furthermore, these individuals would 
have to demonstrate their sponsors' incomes before they could 
be considered eligible for services.
    These punitive changes are being made despite the fact that 
many of the programs for which immigrants would be ``deemed'' 
are relatively low-cost and are of vital importance to the 
immigrant (e.g., programs to assist the homeless, the hungry, 
abused and neglected children, and emergency Medicaid). If 
immigrants cannot get access to health care, the entire 
community suffers.
    Section 631 would also repeal the current exemption from 
``deeming'' for sponsored immigrants who become disabled after 
entry and create new administrative complexities and 
requirements for state and local governments and private 
charities. Further, by attributing 100 percent of a sponsor's 
income and resources to the immigrant, the bill is inconsistent 
with current practice in the major entitlement programs and 
could cause severe problems where the spouse of a signatory to 
an affidavit of support becomes separated or divorced from the 
sponsor.

             III. Deters individuals from becoming sponsors

    We also object to section 632's requirement that a sponsor 
earn more than 200% of the Federal poverty income guideline to 
be eligible to execute an affidavit of support for a family 
member. The 200% income requirement constitutes nothing less 
than ``class warfare,'' and tells the world that immigration is 
only for the wealthy. This would require that a sponsor with a 
family of four maintain an income above $35,420 to qualify as a 
sponsor,\83\ and mean that 91 million people in America could 
not sponsor a family member for immigration.\84\ The 
requirement is unnecessary since current law already provides 
that an immigrant may not be admitted to the United States 
unless he or she can prove that they are unlikely to become a 
public charge.\85\
    \83\ Current Population Survey (March 1994 Supplement) from the 
U.S. Bureau of the Census. Poverty level determined by the U.S. 
Department of Labor.
    \84\ Anderson Analysis supra note 39 at 16.
    \85\ 8 U.S.C. 1182 (a)(4). Nearly all incoming immigrants quickly 
support themselves, and do not have to rely on the help of their 
sponsors. According to a 1995 study by the Urban Institute, 93.4 
percent of foreign born in America survive without public assistance. 
See Setting the Record, supra note 38.
---------------------------------------------------------------------------
    Section 632 also requires that the sponsor be the 
petitioner and prevents organizations from sponsoring 
individuals. Since the bill unilaterally eliminates whole 
categories of family reunification, this would preclude U.S. 
citizens from sponsoring all but their ``nuclear family'' as 
immigrants. Under this harsh and nonsensical provision a child 
would be precluded from sponsoring his or her stepparents or 
grandparents; an immigrant spouse would be unable to sponsor 
his or her brothers and sisters; and a church could not sponsor 
a parishioner's child. The fact that these relatives were 
otherwise fully eligible to immigrate to the United States 
would be of no avail.

      IV. Unreasonable requirements of paying off benefits before 
                             naturalization

    We also oppose section 632(c)'s requirement that sponsored 
immigrants ``pay off'' certain benefits that they may have 
received before they are permitted to become naturalized U.S. 
citizens. This would deny citizenship simply because a person 
temporarily fell on hard times. Under this provision an 
immigrant who, as a child, received school lunch benefits would 
be obligated to pay back those benefits before becoming a 
naturalized U.S. citizen.
    We are also troubled by Section 632's requirement that a 
family-based immigrant's sponsor notify the government within 
thirty days of any time he or she changes residences.\86\ This 
burdensome provision would necessitate the creation of a 
recordkeeping bureaucracy at the state and Federal level to 
monitor and penalize U.S. citizens or lawful permanent 
residents who have sponsored the immigration of a close family 
member.
    \86\ H.R. 2202, Sec. 632.
---------------------------------------------------------------------------

V. Denying benefits to legal permanent residents and citizens based on 
                          parent's citizenship

    We are also troubled by language in section 607 which 
precludes the provision of any benefit (even to U.S. citizens) 
if that benefit is being administered by someone who is not 
lawfully present in the United States. Under this provision, a 
child who is a U.S. citizen would not be able to receive food 
stamps or housing assistance simply because his or her parent 
is not lawfully present in the United States. This provision is 
blatantly disrespectful of an individual's 14th Amendment 
citizenship and equal protection rights, and could impose a 
``caste'' system on innocent children.

        VI. Unrealistic requirements for hospital reimbursement

    Section 604 provides state and local governments with 
reimbursements of emergency medical services provided to 
undocumented aliens. Although we support the goal of 
reimbursement, we are concerned that language denying 
reimbursement unless the identity and immigration status of the 
individual has been verified with the INS. The INS does not 
have a data base listing illegal immigrants nor does it have a 
database that lists all U.S. citizens, making verification 
nearly impossible. The provision would also require that all 
hospital personnel become experts in citizenship verification 
forms. In addition, because the bill requires each person be 
verified, it would create a huge administrative burden for 
hospitals. The verification requirement will also keep many ill 
aliens away from emergency rooms, raising severe public health 
risks.

                               Conclusion

    We believe it is imperative that the Congress pass 
legislation increasing enforcement against illegal immigration. 
However, reforming immigration does not mean denying asylees' 
rights to legitimate due process, drastically capping family 
immigrant and refugee admissions, or endangering our public 
heath by denying crucial benefits to children. We urge the 
Members to reject H.R. 2202 and pass immigration reform that 
respects our heritage as a ``nation of immigrants'' and invests 
in our country's future.

                                   John Conyers, Jr.
                                   Patricia Schroeder.
                                   Sheila Jackson-Lee.
                                   Howard L. Berman.
                                   Melvin L. Watt.
                                   Zoe Lofgren.
                                   Jerrold Nadler.
                                   Bobby Scott.
                                   Barney Frank.
                                   Jose E. Serrano.
                                   Xavier Becerra.

                                
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