[House Report 104-483]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-483
_______________________________________________________________________
PROVIDING FOR THE CONSIDERATION OF
H.R. 2202, THE IMMIGRATION IN THE NATIONAL INTEREST ACT OF 1995
_______
March 14, 1996.--Referred to the House Calendar and ordered to be
printed
_______________________________________________________________________
Mr. Dreier, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 384]
The Committee on Rules, having had under consideration
House Resolution 384, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
brief summary of provisions of resolution
The resolution provides for the consideration of H.R. 2202,
the ``Immigration in the National Interest Act of 1995'' under
a modified closed rule. The rule provides two hours of general
debate divided equally between the chairman and ranking
minority member of the Committee on the Judiciary.
The rule waives all points of order against consideration
of the bill, except those arising under section 425(a) of the
Congressional Budget Act of 1974 (unfunded mandates).
The rule makes in order the Committee on the Judiciary
amendment in the nature of a substitute now printed in the
bill, as modified by the amendment printed in part 1 of this
report. The amendment in the nature of a substitute, as
modified, shall be considered as read.
Only amendments printed in the Rules Committee report are
in order and shall be considered only in the order printed in
the report, may be offered only by a Member designated in the
report, shall be considered as read, shall be debatable for the
time specified in the report equally divided and controlled by
the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole. All
points of order against the amendments printed in the report
are waived, except those arising under section 425(a) of the
Congressional Budget Act of 1974 (unfunded mandates).
The rule further allows the Chairman of the Committee of
the Whole to postpone votes during consideration of the bill,
and allows the Chairman of the Committee of the Whole to reduce
votes to five minutes on a postponed question if the vote
follows a fifteen minute vote.
The rule provides that a separate vote may be demanded in
the House on any amendment adopted to the committee amendment
in the nature of a substitute. The rule also provides one
motion to recommit, with or without instructions.
The chairman of the Committee on the Judiciary or a
designee may offer amendments en bloc consisting of amendments
not previously disposed of which are printed in the Rules
Committee report or germane modifications thereof. The
amendments offered en bloc shall be considered as read (except
that modifications shall be reported), shall be debatable for
20 minutes equally divided between the chairman and ranking
minority member of the Judiciary Committee or their designees.
Finally, the rule permits the original proponent of an
amendment included in an en bloc amendment to insert a
statement in the Congressional Record immediately prior to the
disposition of the amendments en bloc.
summary of amendments made in order for h.r. 2202, the immigration in
the national interest act of 1995 (Listed in the order they appear in
this report)
Self-Executed--Smith (TX): Modifies the employment
eligibility verification system by making it voluntary for at
least 5 of the 7 states with the highest levels of illegal
immigration. Employers will be offered incentives to
participate in the verification system.
1. Smith (TX): Manager's amendment. Makes a number of
technical and conforming changes as well as a number of
substantive amendments--which include clarifying provisions
regarding the removal of illegal aliens from the U.S. (Title
III), the eligibility criteria for aliens to receive public
benefits (Title VI) and miscellaneous provisions (Title VIII).
(20 min.)
2. Traficant: Requires the Attorney General, in
consultation with the Secretaries of State and Defense, to
contract with the Comptroller General to submit a report to the
Congress on the Administration's strategy on deterring illegal
aliens from U.S. borders, thus giving Congress oversight
responsibility. (10 min.)
3. Beilenson: Strikes the triple fence requirement and
replaces it with a new subsection that authorizes $110 million
appropriation for the INS to install additional physical
barriers and roads. (10 min.)
4. McCollum: Directs the commissioner of the Social
Security Administration to make such improvements in the Social
Security account number card as are necessary to secure it
against counterfeiting and fraudulent use. (30 min.)
5. Tate: Permanently bars admission to the U. S. for those
individuals that intentionally entered the U.S. illegally. (30
min.)
6. Conyers: Strikes Section 331 relating to membership in
terrorist organizations as a ground of inadmissibility. (30
min.)
7. Latham: Gives local and state law enforcement officers
the authority to detain illegal aliens who are violating a
deportation requirement for purpose of expeditiously delivering
such person to the INS. (40 min.)
8. Bryant (TN): Requires public medical facilities to
provide INS with identifying information about an illegal alien
they provided services to (except patients under 18 years old).
(20 min.)
9. Velazquez/Roybal-Allard: Eliminates section 607 which
would keep undocumented parents from seeking benefits on behalf
of their U.S.-born children. (20 min.)
10. Gallegly: Allows states the option of denying free
public education benefits to illegal aliens. (30 min.)
11. Cardin: Makes worksite enforcement a priority of the
INS and requires the Attorney General to report to Congress,
within one year, stating the authority and resources needed for
worksite enforcement. (10 min.)
12. Chabot: Strikes subsection relating to the
establishment of a new and additional ``employment eligibility
confirmation process.'' (60 min.)
13. Gallegly/Bilbray Seastrand/Stenholm: Establishes
mandatory 800 telephone number pilot program for employee
verification in 5 or 7 states with the highest number of
illegal aliens. (60 min.)
14. Brownback/Gutierrez: Changes section 505 by requiring
that only congressional review of worldwide levels take place
every 5 years. (20 min.)
15. Kim: Allows any unused family and employment-based
visas to be used, on an annual basis, for adult children and
brothers and sisters who have applications for admission filed
before March 13, 1996, but disqualifies any applicant who has
been or is illegally present in the U.S. or violates other
conditions for stay in the U.S. as a nonimmigrant. (10 min.)
16. Canady: Establishes an English language requirement for
immigrants arriving under the Diversity Immigrant program,
under the Employment-Based Classification. (30 min.)
17. Smith (NJ)/Schiff: Deletes provision of section 521
which imposes a statutory limit on the number of refugees
admitted to the United States each fiscal year. (30 min.)
18. Dreier: Ensures that except for 10% preserved for
discretionary allocation, all qualifying counties would receive
the same amount of targeted assistance per refugee. (10 min.)
19. Chrysler/Berman/Brownback: Deletes Subtitles A, B, and
C of Title V. These provisions concern changes made to legal
immigration, specifically in areas of preference and level of
immigration. (60 min.)
20. Bryant (TX): Protects certain adult children of U.S.
citizens and lawful permanent residents as a result of the
elimination of the adult child family preference category. (10
min.)
21. Rohrabacher: Replaces section 808 as reported with
section 808 as introduced. This would amend section 245 (I) (1)
(B) of the Immigration and Nationality Act to repeal the
provision allowing illegal aliens to apply for permanent status
and remain in the U.S. while their applications are
adjudicated. (10 min.)
22. Pombo/Chambliss: Modifies the current temporary
agricultural worker program known as H-2A, by creating an
alternative program to be known as H-2B. The new program will
be a pilot program authorized for three years. This is the
Agriculture Committee amendment reported from the Agriculture
Committee. (60 min.)
23. Condit: Phases out the current H-2A guest worker
program over a 2 year period, only if the proposed H-2B program
gains permanent status. (Amendment to Pombo/Chambliss) (10
min.)
24. Goodlatte: Alters the H-2A temporary agricultural
worker program by: shifting responsibility for considering and
approving petitions for workers by agricultural employers from
the DoL to the Attorney General; employers seeking H-2A workers
would first have to positively recruit domestic workers for 20
rather than 40 days; employers would no longer be required to
offer American applicants jobs for the first 50% of the work
contract period for the H-2A workers; employers could offer H-
2A workers a housing allowance as opposed to actual housing;
employers would only have to guarantee pay to H-2A workers for
3/4 of the workdays, as opposed to the current 3/4 of the work
contract period; and visas will be made available for no more
that 100,000 aliens each year. (30 min.)
25. Lipinski: Adjusts the status of approximately 800 Poles
and Hungarians from parolee to permanent resident. (10 min.)
26. Farr: Establishes 10 national demonstration sites,
selected by the INS, for systemic outreach and planning
activities associated with naturalization swearing-in
ceremonies. (10 min.)
27. Traficant: Sense of Congress to ``buy American.'' (10
min.)
28. Burr: Extends the H-1A non-immigrant nurse program for
6 months after the enactment of H.R. 2202. (10 min.)
29. Vento: Waives the English language test for Hmong
soldiers and their spouses or widows who served in Special
Guerilla Units during the Vietnam war, thus putting U.S.
citizenship within their reach. (10 min.)
30. Waldholtz: Sense of Congress that the mission statement
of the INS should include the apprehension and removal of
illegal aliens, particularly those involved in drug trafficking
or other criminal activity. (10 min.)
31. Kleczka: Require the Dept. of State to refund fees to
Poles who were erroneously notified of their eligibility for
visas but did not receive a visa. (10 min.)
32. Dreier: Sense of Congress that the Justice Department
has been very slow in distributing funds to states to reimburse
for the cost of incarcerating illegal immigrant felons, and
that SCAAP funds should be distributed to states during the
fiscal year in which they are appropriated. (10 min.)
committee votes
Pursuant to clause 2(l)(2)(B) of House rule XI the results
of each rollcall vote on an amendment or motion to report,
together with the names of those voting for and against, are
printed below:
Rules Committee Rollcall No. 299
Date: March 14, 1996.
Measure: Rule for consideration of H.R. 2202, the
Immigration in the National Interest Act.
Motion By: Mr. Beilenson.
Summary of Motion: Make in order Beilenson amendment No.
101 to increase civil penalties for employer sanctions: for
first violations to $1,000-$3,000; for second violations to
$3,000-$8,000; for subsequent violations to $8,000-$25,000; and
allow penalties to be doubled if employer violates certain
specified acts.
Results: Rejected, 3 to 7.
Vote by Members: Dreier--Nay; Goss--Yea; Linder--Nay;
Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; Waldholtz--Nay;
Beilenson--Yea; Frost--Yea; Solomon--Nay.
Rules Committee Rollcall No. 300
Date: March 14, 1996.
Measure: Rule for consideration of H.R. 2202, the
Immigration in the National Interest Act.
Motion By: Rep. Frost.
Summary of Motion: Strike from the proposed list of
amendments to be made in order the amendment by Rep. Gallegly
No. 53 that would allow states the option of denying free
public education benefits to illegal aliens.
Results: Rejected, 3 to 5.
Vote by Members: Dreier--Nay; Goss--Nay; Linder--Nay; Diaz-
Balart--Yea; McInnis--Nay; Waldholtz--Nay; Beilenson--Yea;
Frost--Yea.
PART 1
The amendment to be considered as adopted is as follows:
Amend title IV to read as follows (and conform the table of
contents accordingly):
TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT
SEC. 401. PILOT PROGRAM FOR VOLUNTARY USE OF EMPLOYMENT ELIGIBILITY
CONFIRMATION PROCESS.
(a) Voluntary Election to Participate in Pilot Program
Confirmation Mechanism.--
(1) In general.--An employer (or a recruiter or
referrer subject to section 274A(a)(1)(B)(ii) of the
Immigration and Nationality Act) may elect to
participate in the pilot program for employment
eligibility confirmation provided under this section
(such program in this section referred to as the
``pilot program''). Except as specifically provided in
this section, the Attorney General is not authorized to
require any entity to participate in the program under
this section. The pilot program shall operate in at
least 5 of the 7 States with the highest estimated
population of unauthorized aliens.
(2) Effect of election.--The following provisions
apply in the case of an entity electing to participate
in the pilot program:
(A) Obligation to use confirmation
mechanism.--The entity agrees to comply with
the confirmation mechanism under subsection (c)
to confirm employment eligibility under the
pilot program for all individuals covered under
the election in accordance with this section.
(B) Benefit of rebuttable presumption.--
(i) In general.--If the entity
obtains confirmation of employment
eligibility under the pilot program
with respect to the hiring (or
recruiting or referral that is subject
to section 274A(a)(1)(B)(ii) of the
Immigration and Nationality Act) of an
individual for employment in the United
States, the entity has established a
rebuttable presumption that the entity
has not violated section 274A(a)(1)(A)
of the Immigration and Nationality Act
with respect to such hiring (or such
recruiting or referral).
(ii) Construction.--Clause (i) shall
not be construed as preventing an
entity that has an election in effect
under this section from establishing an
affirmative defense under section
274A(a)(3) of the Immigration and
Nationality Act if the entity complies
with the requirements of section
274A(a)(1)(B) of such Act but fails to
comply with the obligations under
subparagraph (A).
(C) Benefit of notice before employment-
related inspections.--The Immigration and
Naturalization Service, the Special Counsel for
Immigration-Related Unfair Employment
Practices, and any other agency authorized to
inspect forms required to be retained under
section 274A of the Immigration and Nationality
Act or to search property for purposes of
enforcing such section shall provide at least 3
days notice prior to such an inspection or
search, except that such notice is not required
if the inspection or search is conducted with
an administrative or judicial subpoena or
warrant or under exigent circumstances.
(3) General terms of elections.--
(A) In general.--An election under paragraph
(1) shall be in a form and manner and under
such terms and conditions as the Attorney
General shall specify and shall take effect as
the Attorney General shall specify. Such an
election shall apply (under such terms and
conditions and as specified in the election)
either to all hiring (and all recruitment or
referral that is subject to section
274A(a)(1)(B)(ii) of the Immigration and
Nationality Act) by the entity during the
period in which the election is in effect or to
hiring (or recruitment or referral that is
subject to section 274A(a)(1)(B)(ii) of the
Immigration and Nationality Act) in one or more
States or one or more places of such hiring (or
such recruiting or referral, as the case may
be) covered by the election. The Attorney
General may not impose any fee as a condition
of making an election or participation in the
pilot program under this section.
(B) Acceptance of elections.--Except as
otherwise provided in this paragraph, the
Attorney General shall accept all elections
made under paragraph (1). The Attorney General
may establish a process under which entities
seek to make elections in advance, in order to
permit the Attorney General the opportunity to
identify and develop appropriate resources to
accommodate the demand for participation in the
pilot program under this section.
(C) Rejection of elections.--The Attorney
General may reject an election by an entity
under paragraph (1) because the Attorney
General has determined that there are
insufficient resources to provide services
under the pilot program for the entity.
(D) Termination of elections.--The Attorney
General may terminate an election by an entity
under paragraph (1) because the entity has
substantially failed to comply with the
obligations of the entity under the pilot
program.
(E) Rescission of election.--An entity may
rescind an election made under this subsection
in such form and manner as the Attorney General
shall specify.
(b) Consultation, Education, and Publicity.--
(1) Consultation.--The Attorney General shall closely
consult with representatives of employers (and
recruiters and referrers whose recruiting or referring
is subject to section 274A(a)(1)(B)(ii) of the
Immigration and Nationality Act) in the development and
implementation of the pilot program under this section,
including the education of employers (and such
recruiters and referrers) about the program.
(2) Publicity.--The Attorney General shall widely
publicize the election process and pilot program under
this section, including the voluntary nature of the
program and the advantages to employers of making an
election under subsection (a).
(3) Assistance through district offices.--The
Attorney General shall designate one or more
individuals in each District office of the Immigration
and Naturalization Service--
(A) to inform entities that seek information
about the program of the voluntary nature of
the program, and
(B) to assist entities in electing and
participating in the pilot program, in
complying with the requirements of section 274A
of the Immigration and Nationality Act, and in
facilitating identification of individuals
authorized to be employed consistent with such
section.
(c) Confirmation Process Under Pilot Program.--An entity that
is participating in the pilot program agrees to conform to the
following procedures in the case of a hiring (or recruiting or
referral in the case of recruitment or referral that is subject
to section 274A(a)(1)(B)(ii) of the Immigration and Nationality
Act) of each individual covered under the program for
employment in the United States:
(1) Provision of additional information.--The entity
shall obtain from the individual (and the individual
shall provide) and shall record on the form used for
purposes of section 274A(b)(1)(A) of the Immigration
and Nationality Act--
(A) the individual's social security account
number (if the individual has been issued such
a number), and
(B) if the individual is an alien, such
identification or authorization number
established by the Service for the alien as the
Attorney General shall specify.
(2) Seeking confirmation.--
(A) In general.--The entity shall make an
inquiry, under the confirmation mechanism
established under subsection (d), to seek
confirmation of the identity, applicable number
(or numbers) described in section 274A(b)(2)(B)
of the Immigration and Nationality Act, and
work eligibility of the individual, by not
later than the end of 3 working days (as
specified by the Attorney General) after the
date of the hiring (or recruitment or referral,
as the case may be).
(B) Extension of time period.--If the entity
in good faith attempts to make an inquiry
during such 3 working days and the confirmation
mechanism has registered that not all inquiries
were responded to during such time, the entity
can make an inquiry in the first subsequent
working day in which the confirmation mechanism
registers no nonresponses and qualify for the
presumption. If the confirmation mechanism is
not responding to inquiries at all times during
a day, the entity merely has to assert that the
entity attempted to make the inquiry on that
day for the previous sentence to apply to such
an inquiry, and does not have to provide any
additional proof concerning such inquiry.
(3) Confirmation.--
(A) In general.--If the entity receives an
appropriate confirmation of such identity,
applicable number or numbers, and work
eligibility under the confirmation mechanism
within the time period specified under
subsection (d) after the time the confirmation
inquiry was received, the entity shall record
on the form used for purposes of section
274A(b)(1)(A) of the Immigration and
Nationality Act an appropriate code indicating
a confirmation of such identity, number or
numbers, and work eligibility.
(B) Failure to obtain confirmation.--If the
entity has made the inquiry described in
paragraph (1) but has received a
nonconfirmation within the time period
specified--
(i) the presumption under subsection
(a)(2)(B) shall not be considered to
apply, and
(ii) if the entity nonetheless
continues to employ (or recruits or
refers, if such recruitment or referral
is subject to section 274A(a)(1)(B)(ii)
of the Immigration and Nationality Act)
the individual for employment in the
United States, the entity shall notify
the Attorney General of such fact
through the confirmation mechanism or
in such other manner as the Attorney
General may specify.
(C) Consequences.--
(i) Failure to notify.--If the entity
fails to provide notice with respect to
an individual as required under
subparagraph (B)(ii), the failure is
deemed to constitute a violation of
section 274A(a)(1)(A) of the
Immigration and Nationality Act with
respect to that individual.
(ii) Continued employment.--If the
entity provides notice under
subparagraph (B)(ii) with respect to an
individual, the entity has the burden
of proof, for purposes of applying
section 274A(a)(1)(A) of the
Immigration and Nationality Act with
respect to such entity and individual,
of establishing that the individual is
not an unauthorized alien (as defined
in section 274A(h)(3) of such Act).
(iii) No application to criminal
penalty.--Clauses (i) and (ii) shall
not apply in any prosecution under
section 274A(f)(1) of the Immigration
and Nationality Act.
(d) Employment Eligibility Pilot Confirmation Mechanism.--
(1) In general.--The Attorney General shall establish
a pilot program confirmation mechanism (in this section
referred to as the ``confirmation mechanism'') through
which the Attorney General (or a designee of the
Attorney General which may include a nongovernmental
entity)--
(A) responds to inquiries by electing
entities, made at any time through a toll-free
telephone line or other electronic media in the
form of an appropriate confirmation code or
otherwise, on whether an individual is
authorized to be employed, and
(B) maintains a record that such an inquiry
was made and the confirmation provided (or not
provided).
To the extent practicable, the Attorney General shall
seek to establish such a mechanism using one or more
nongovernmental entities. For purposes of this section,
the Attorney General (or a designee of the Attorney
General) shall provide through the confirmation
mechanism confirmation or a tentative nonconfirmation
of an individual's employment eligibility within 3
working days of the initial inquiry.
(2) Expedited procedure in case of non-
confirmation.--In connection with paragraph (1), the
Attorney General shall establish, in consultation with
the Commissioner of Social Security and the
Commissioner of the Immigration and Naturalization
Service, expedited procedures that shall be used to
confirm the validity of information used under the
confirmation mechanism in cases in which the
confirmation is sought but is not provided through the
confirmation mechanism.
(3) Design and operation of mechanism.--The
confirmation mechanism shall be designed and operated--
(A) to maximize the reliability of the
confirmation process, and the ease of use by
entities making elections under subsection (a)
consistent with insulating and protecting the
privacy and security of the underlying
information, and
(B) to respond to all inquiries made by such
entities on whether individuals are authorized
to be employed registering all times when such
response is not possible.
(4) Confirmation process.--
(A) Confirmation of validity of social
security account number.--As part of the
confirmation mechanism, the Commissioner of
Social Security, in consultation with the
entity responsible for administration of the
mechanism, shall establish a reliable, secure
method, which within the time period specified
under paragraph (1), compares the name and
social security account number provided against
such information maintained by the Commissioner
in order to confirm (or not confirm) the
validity of the information provided and
whether the individual has presented a social
security account number that is not valid for
employment. The Commissioner shall not disclose
or release social security information.
(B) Confirmation of alien authorization.--As
part of the confirmation mechanism, the
Commissioner of the Service, in consultation
with the entity responsible for administration
of the mechanism, shall establish a reliable,
secure method, which, within the time period
specified under paragraph (1), compares the
name and alien identification or authorization
number (if any) described in subsection
(c)(1)(B) provided against such information
maintained by the Commissioner in order to
confirm (or not confirm) the validity of the
information provided and whether the alien is
authorized to be employed in the United States.
(C) Process in case of tentative
nonconfirmation.--In cases of tentative
nonconfirmation, the Attorney General shall
specify, in consultation with the Commissioner
of Social Security and the Commissioner of the
Immigration and Naturalization Service, an
expedited time period not to exceed 10 working
days after the date of the tentative
nonconfirmation within which final confirmation
or denial must be provided through the
confirmation mechanism in accordance with the
procedures under paragraph (2).
(D) Updating information.--The Commissioners
shall update their information in a manner that
promotes the maximum accuracy and shall provide
a process for the prompt correction of
erroneous information.
(5) Protections.--(A) In no case shall an employer
terminate employment of an individual because of a
failure of the individual to have work eligibility
confirmed under this section, until after the end of
the 10-working-day period in which a final confirmation
or nonconfirmation is being sought under paragraph
(4)(C). Nothing in this subparagraph shall apply to a
termination of employment for any reason other than
because of such a failure.
(B) The Attorney General shall assure that there is a
timely and accessible process to challenge
nonconfirmations made through the mechanism.
(B) If an individual would not have been dismissed
from a job but for an error of the confirmation
mechanism, the individual will be entitled to
compensation through the mechanism of the Federal Tort
Claims Act.
(6) Protection from liability for actions taken on
the basis of information provided by the employment
eligibility confirmation mechanism.--No person shall be
civilly or criminally liable under any law (including
the Civil Rights Act of 1964, the Americans with
Disabilities Act of 1990, the Fair Labor Standards Act
of 1938, or the Age Discrimination in Employment Act of
1967) for any action taken in good faith reliance on
information provided through the employment eligibility
confirmation mechanism established under this
subsection.
(7) Multiple mechanisms permitted.--Nothing in this
subsection shall be construed as preventing the
Attorney General from experimenting with different
mechanisms for different entities.
(e) Select Entities Required to Participate in Pilot
Program.--
(1) Federal government.--Each entity of the Federal
Government that is subject to the requirements of
section 274A of the Immigration and Nationality Act
(including the Legislative and Executive Branches of
the Federal Government) shall participate in the pilot
program under this section and shall comply with the
terms and conditions of such an election.
(2) Application to certain violators.--An order under
section 274A(e)(4) or section 274B(g)(2)(B) of the
Immigration and Nationality Act may require the subject
of the order to participate in the pilot program and
comply with the requirements of subsection (c).
(3) Consequence of failure to participate.--If an
entity is required under this subsection to participate
in the pilot program and fails to comply with the
requirements of subsection (c) with respect to an
individual such failure shall be treated as a violation
of section 274A(a)(1)(B) of the Immigration and
Nationality Act with respect to that individual.
(f) Program Initiation; Reports; Termination.--
(1) Initiation of program.--The Attorney General
shall implement the pilot program in a manner that
permits entities to have elections under subsection (a)
made and in effect by not later than 1 year after the
date of the enactment of this Act.
(2) Reports.--The Attorney General shall submit to
Congress annual reports on the pilot program under this
section at the end of each year in which the program is
in effect. The last two such reports shall each include
recommendations on whether or not the pilot program
should be continued or modified and on benefits to
employers and enforcement of section 274A of the
Immigration and Nationality Act obtained from use of
the pilot program.
(3) Termination.--Unless the Congress otherwise
provides, the Attorney General shall terminate the
pilot program under this section at the end of the
third year in which it is in effect under this section.
(g) Construction.--This section shall not affect the
authority of the Attorney General under other law (including
section 274A(d)(4) of the Immigration and Nationality Act) to
conduct demonstration projects in relation to section 274A of
such Act.
(h) Limitation on Use of the Confirmation Process and Any
Related Mechanisms.--Notwithstanding any other provision of
law, nothing in this section shall be construed to permit or
allow any department, bureau, or other agency of the United
States Government to utilize any information, data base, or
other records assembled under this section for any other
purpose other than as provided for under the pilot program
under this section.
SEC. 402. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS OF
PAPERWORK REQUIREMENTS.
(a) In General.--Section 274A(e)(1) (8 U.S.C. 1324a(e)(1)) is
amended--
(1) by striking ``and'' at the end of subparagraph
(C),
(2) by striking the period at the end of subparagraph
(D) and inserting ``, and'', and
(3) by adding at the end the following new
subparagraph:
``(E) under which a person or entity shall
not be considered to have failed to comply with
the requirements of subsection (b) based upon a
technical or procedural failure to meet a
requirement of such subsection in which there
was a good faith attempt to comply with the
requirement unless (i) the Service (or another
enforcement agency) has explained to the person
or entity the basis for the failure, (ii) the
person or entity has been provided a period of
not less than 10 business days (beginning after
the date of the explanation) within which to
correct the failure, and (iii) the person or
entity has not corrected the failure
voluntarily within such period, except that
this subparagraph shall not apply with respect
to the engaging by any person or entity of a
pattern or practice of violations of subsection
(a)(1)(A) or (a)(2).''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to failures occurring on or after the date of the
enactment of this Act.
SEC. 403. PAPERWORK AND OTHER CHANGES IN THE EMPLOYER SANCTIONS
PROGRAM.
(a) Reducing to 6 the Number of Documents Accepted for
Employment Verification.--Section 274A(b) (8 U.S.C. 1324a(b))
is amended--
(1) in paragraph (1)(B)--
(A) by adding ``or'' at the end of clause
(i),
(B) by striking clauses (ii) through (iv),
and
(C) in clause (v), by striking ``or other
alien registration card, if the card'' and
inserting ``, alien registration card, or other
document designated by regulation by the
Attorney General, if the document'' and
redesignating such clause as clause (ii); and
(2) by amending subparagraph (C) of paragraph (1) to
read as follows:
``(C) Social security account number card as
evidence of employment authorization.--A
document described in this subparagraph is an
individual's social security account number
card (other than such a card which specifies on
the face that the issuance of the card does not
authorize employment in the United States).''.
(b) Reduction of Paperwork for Certain Employees.--Section
274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the end the
following new paragraph:
``(6) Treatment of documentation for certain
employees.--
``(A) In general.--For purposes of paragraphs
(1)(B) and (3), if--
``(i) an individual is a member of a
collective-bargaining unit and is
employed, under a collective bargaining
agreement entered into between one or
more employee organizations and an
association of two or more employers,
by an employer that is a member of such
association, and
``(ii) within the period specified in
subparagraph (B), another employer that
is a member of the association (or an
agent of such association on behalf of
the employer) has complied with the
requirements of subsection (b) with
respect to the employment of the
individual,
the subsequent employer shall be deemed to have
complied with the requirements of subsection
(b) with respect to the hiring of the employee
and shall not be liable for civil penalties
described in subsection (e)(5).
``(B) Period.--The period described in this
subparagraph is--
``(i) up to 5 years in the case of an
individual who has presented
documentation identifying the
individual as a national of the United
States or as an alien lawfully admitted
for permanent residence; or
``(ii) up to 3 years (or, if less,
the period of time that the individual
is authorized to be employed in the
United States) in the case of another
individual.
``(C) Liability.--
``(i) In general.--If any employer
that is a member of an association
hires for employment in the United
States an individual and relies upon
the provisions of subparagraph (A) to
comply with the requirements of
subsection (b) and the individual is an
unauthorized alien, then for the
purposes of paragraph (1)(A), subject
to clause (ii), the employer shall be
presumed to have known at the time of
hiring or afterward that the individual
was an unauthorized alien.
``(ii) Rebuttal of presumption.--The
presumption established by clause (i)
may be rebutted by the employer only
through the presentation of clear and
convincing evidence that the employer
did not know (and could not reasonably
have known) that the individual at the
time of hiring or afterward was an
unauthorized alien.''.
(c) Elimination of Dated Provisions.--Section 274A (8 U.S.C.
1324a) is amended by striking subsections (i) through (n).
(d) Clarification of Application to Federal Government.--
Section 274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the
end the following new paragraph:
``(5) Application to federal government.--For
purposes of this section, the term `entity' includes an
entity in any Branch of the Federal Government.''.
(e) Effective Dates.--
(1) Except as provided in this subsection, the
amendments made by this section shall apply with
respect to hiring (or recruiting or referring)
occurring on or after such date (not later than 180
days after the date of the enactment of this Act) as
the Attorney General shall designate.
(2) The amendments made by subsections (a)(1) and
(a)(2) shall apply with respect to the hiring (or
recruiting or referring) occurring on or after such
date (not later than 18 months after the date of the
enactment of this Act) as the Attorney General shall
designate.
(3) The amendment made by subsection (b) shall apply
to individuals hired on or after 60 days after the date
of the enactment of this Act.
(4) The amendment made by subsection (c) shall take
effect on the date of the enactment of this Act.
(5) The amendment made by subsection (d) applies to
hiring occurring before, on, or after the date of the
enactment of this Act, but no penalty shall be imposed
under section 274A(e) of the Immigration and
Nationality Act for such hiring occurring before such
date.
(f) Implementation of Electronic Storage of I-9 Forms.--Not
later than 180 days after the date of the enactment of this
Act, the Attorney General shall issue regulations which shall
provide for the electronic storage of forms used in
satisfaction of the requirements of section 274A(b)(3) of the
Immigration and Nationality Act.
SEC. 404. STRENGTHENED ENFORCEMENT OF THE EMPLOYER SANCTIONS
PROVISIONS.
(a) In General.--The number of full-time equivalent positions
in the Investigations Division within the Immigration and
Naturalization Service of the Department of Justice beginning
in fiscal year 1997 shall be increased by 500 positions above
the number of full-time equivalent positions available to such
Division as of September 30, 1995.
(b) Assignment.--Individuals employed to fill the additional
positions described in subsection (a) shall be assigned to
investigate violations of the employer sanctions provisions
contained in section 274A of the Immigration and Nationality
Act.
SEC. 405. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO WORK.
Subsection (c) of section 290 (8 U.S.C. 1360) is amended to
read as follows:
``(c)(1) Not later than 3 months after the end of each fiscal
year (beginning with fiscal year 1996), the Commissioner of
Social Security shall report to the Committees on the Judiciary
of the House of Representatives and the Senate on the aggregate
number of social security account numbers issued to aliens not
authorized to be employed to which earnings were reported to
the Social Security Administration in such fiscal year.
``(2) If earnings are reported on or after January 1, 1997,
to the Social Security Administration on a social security
account number issued to an alien not authorized to work in the
United States, the Commissioner of Social Security shall
provide the Attorney General with information regarding the
name and address of the alien, the name and address of the
person reporting the earnings, and the amount of the earnings.
The information shall be provided in an electronic form agreed
upon by the Commissioner and the Attorney General.''.
SEC. 406. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON ALIENS.
Section 264 (8 U.S.C. 1304) is amended by adding at the end
the following new subsection:
``(f) Notwithstanding any other provision of law, the
Attorney General is authorized to require any alien to provide
the alien's social security account number for purposes of
inclusion in any record of the alien maintained by the Attorney
General or the Service.''.
SEC. 407. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
(a) Requiring Certain Remedies in Unfair Immigration-Related
Discrimination Orders.--Section 274B(g)(2) (8 U.S.C.
1324b(g)(2)) is amended--
(1) in subparagraph (A), by adding at the end the
following: ``Such order also shall require the person
or entity to comply with the requirements of clauses
(ii) and (vi) of subparagraph (B).'';
(2) in subparagraph (B), by striking ``Such an
order'' and inserting ``Subject to the second sentence
of subparagraph (A), such an order''; and
(3) in subparagraph (B)(vi), by inserting before the
semicolon at the end the following: ``and to certify
the fact of such education''.
(b) Treatment of Certain Documentary Practice as Employment
Practices.--Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is
amended--
(1) by striking ``For'' and inserting ``(A) Subject
to subparagraph (B), for'', and
(2) by adding at the end the following new
subparagraph:
``(B) A person or other entity--
``(i) may request a document proving a
renewal of employment authorization when an
individual has previously submitted a time-
limited document to satisfy the requirements of
section 274A(b)(1); or
``(ii) if possessing reason to believe that
an individual presenting a document which
reasonably appears on its face to be genuine is
nonetheless an unauthorized alien, may (I)
inform the individual of the question about the
document's validity, and of such person or
other entity's intention to verify the validity
of such document, and (II) upon receiving
confirmation that the individual is
unauthorized to work, may dismiss the
individual.
Nothing in this provision prohibits an individual from
offering alternative documents that satisfy the
requirements of section 274A(b)(1).''.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to orders issued on or after the first day of the
first month beginning at least 90 days after the date of the
enactment of this Act.
PART 2
The amendments made in order by the rule.
1. An Amendment To Be Offered by Representative Smith of Texas, or a
Designee, Debatable for 20 Minutes
In section 1(a), strike ``1995'' and insert ``1996'' and
conform subsequent references throughout the bill accordingly.
[TITLE I AMENDMENTS:]
In section 102(d)(1), add at the end the following: ``The
previous sentence shall not apply to border patrol agents
located at checkpoints.''.
In section 104(b)(1), strike ``6 months'' and insert ``18
months''.
At the end of section 112(a), relating to a pilot program for
the use of closed military bases, add the following new
sentence: ``In selecting real property at a military base for
use as a detention center under the pilot program, the Attorney
General and the Secretary shall consult with the redevelopment
authority established for the military base and give
substantial deference to the redevelopment plan prepared for
the military base.''.
After section 121, insert the following:
SEC. 122. ACCEPTANCE OF STATE SERVICES TO CARRY OUT DEPORTATION
FUNCTIONS.
Section 287 (8 U.S.C. 1357) is amended by adding at the end
the following:
``(g)(1) Notwithstanding section 1342 of title 31, United
States, Code, the Attorney General may enter into a written
agreement with a State, or any political subdivision of a
State, pursuant to which an officer or employee of the State or
subdivision, who is determined by the Attorney General to be
qualified to perform a function of an immigration officer, or
any other officer of the Department of Justice, under this Act
in relation to deportation of aliens in the United States
(including investigation, apprehension, detention, presentation
of evidence on behalf of the United States in administrative
proceedings to determine the deportability of any alien,
conduct of such proceedings, or removal of aliens with respect
to whom a final order of deportation has been rendered) may
carry out such function at the expense of the State or
political subdivision and to the extent consistent with State
and local law.
``(2) An agreement under this subsection shall require that
an officer or employee of a State or political subdivision of a
State performing a function under the agreement shall have
knowledge of, and adhere to, Federal law relating to the
function.
``(3) In performing a function under this subsection, an
officer or employee of a State or political subdivision of a
State shall be subject to the direction and supervision of the
Attorney General.
``(4) In performing a function under this subsection, an
officer or employee of a State or political subdivision of a
State may use Federal property or facilities, as provided in a
written agreement between the Attorney General and the State or
subdivision.
``(5) With respect to each officer or employee of a State or
political subdivision who is authorized to perform a function
under this subsection, the specific powers and duties that may
be, or are required to be, exercised or performed by the
individual, the duration of the authority of the individual,
and the position of the agent of the Attorney General who is
required to supervise and direct the individual, shall be set
forth in a written agreement between the Attorney General and
the State or political subdivision.
``(6) The Attorney General may not accept a service under
this subsection if the service will be used to displace any
Federal employee.
``(7) Except as provided in paragraph (8), an officer or
employee of a State or political subdivision of a State
performing functions under this subsection shall not be treated
as a Federal employee for any purpose other than for purposes
of chapter 81 of title 5, United States Code, (relating to
compensation for injury) and sections 2671 through 2680 of
title 28, United States Code, (relating to tort claims).
``(8) An officer or employee of a State or political
subdivision of a State acting under color of authority under
this subsection, or any agreement entered into under this
subsection, shall be considered to be acting under color of
Federal authority for purposes of determining the liability,
and immunity from suit, of the officer or employee in a civil
action brought under Federal or State law.
``(9) Nothing in this subsection shall be construed to
require any State or political subdivision of a State to enter
into an agreement with the Attorney General under this
subsection.
``(10) Nothing in this subsection shall be construed to
require an agreement under this subsection in order for any
officer or employee of a State or political subdivision of a
State--
``(A) to communicate with the Attorney General
regarding the immigration status of any individual,
including reporting a suspicion that a particular alien
is not lawfully present in the United States; or
``(B) otherwise to cooperate with the Attorney
General in the identification, apprehension, detention,
or removal of aliens not lawfully present in the United
States.''.
[TITLE II AMENDMENTS]
In section 204(a), strike ``fiscal year 1996'' and insert
``fiscal year 1997'' and strike ``1994'' and insert ``1996''.
Amend subsection (b) of section 204 to read as follows:
(b) Assignment.--Individuals employed to fill the additional
positions described in subsection (a) shall prosecute persons
who bring into the United States or harbor illegal aliens or
violate other criminal statutes involving illegal aliens.
[TITLE III AMENDMENTS]
In section 301(a), in proposed paragraph (13)(A), insert
``lawful'' before ``entry''.
In section 301(c), amend subclause (V) of proposed
subparagraph (B)(ii) to read as follows:
``(V) Battered women and
children.--Clause (i) shall not
apply to an alien who would be
described in paragraph (9)(B)
if `violation of the terms of
the alien's nonimmigrant visa'
were substituted for `unlawful
entry into the United States'
in clause (iii) of that
paragraph.
In section 301, add at the end the following new subsection:
(h) Waivers for Immigrants Convicted of Crimes.--Section
212(h) (8 U.S.C. 1182(h)) is amended by adding at the end the
following: ``No waiver shall be granted under this subsection
to an immigrant who previously has been admitted to the United
States unless that alien has fulfilled the time in status and
continuous residence requirements of section 212(c). No court
shall have jurisdiction to review a decision of the Attorney
General to grant or deny a waiver under this subsection.''.
In section 304(a)(3), in the new section 240A of the
Immigration and Nationality Act, add at the end the following
new subsection:
``(e) Annual Limitation.--The Attorney General may not cancel
the removal and adjust the status under this section, nor
suspend the deportation and adjust the status under section
244(a) (as in effect before the enactment of the Immigration in
the National Interest Act of 1996), of a total of more than
4,000 aliens in any fiscal year. The previous sentence shall
apply regardless of when an alien applied for such cancellation
and adjustment and whether such an alien had previously applied
for suspension of deportation under such section 244(a).
In section 305(a)(3), amend paragraph (4) of section 241(a)
of the Immigration and Nationality Act (inserted by such
section) to read as follows:
``(4) Aliens imprisoned, arrested, or on parole,
supervised release, or probation.--
``(A) In general.--Except as provided in
section 343(a) of the Public Health Service Act
(42 U.S.C. 259(a)) and paragraph (2), the
Attorney General may not remove an alien who is
sentenced to imprisonment until the alien is
released from imprisonment. Parole, supervised
release, probation, or possibility of arrest or
further imprisonment is not a reason to defer
removal.
``(B) Exception for removal of nonviolent
offenders prior to completion of sentence of
imprisonment.--The Attorney General is
authorized to remove an alien in accordance
with applicable procedures under this Act
before the alien has completed a sentence of
imprisonment--
``(i) in the case of an alien in the
custody of the Attorney General, if the
Attorney General determines that (I)
the alien is confined pursuant to a
final conviction for a nonviolent
offense (other than an offense related
to smuggling or harboring of aliens)
and (II) the removal of the alien is
appropriate and in the best interest of
the United States; or
``(ii) in the case of an alien in the
custody of a State (or a political
subdivision of a State), if the chief
State official exercising authority
with respect to the incarceration of
the alien determines that (I) the alien
is confined pursuant to a final
conviction for a nonviolent offense,
(II) the removal is appropriate and in
the best interest of the State, and
(III) submits a written request to the
Attorney General that such alien be so
removed.
``(C) Notice.--Any alien removed pursuant to
this paragraph shall be notified of the
penalties under the laws of the United States
relating to the reentry of deported aliens,
particularly the expanded penalties for aliens
removed under subparagraph (B).''.
In section 305(a)(3), in new section 241(b) of the
Immigration and Nationality Act, add at the end the following
new paragraph:
``(3) Restriction on removal to a country where
alien's life or freedom would be threatened.--
``(A) In general.--Notwithstanding paragraphs
(1) and (2), the Attorney General may not
remove an alien to a country if the Attorney
General decides that the alien's life or
freedom would be threatened in that country
because of the alien's race, religion,
nationality, membership in a particular social
group, or political opinion.
``(B) Exception.--Subparagraph (A) does not
apply to an alien deportable under section
237(a)(4)(D) or if the Attorney General decides
that--
``(i) the alien ordered, incited,
assisted, or otherwise participated in
the persecution of an individual
because of the individual's race,
religion, nationality, membership in a
particular social group, or political
opinion;
``(ii) the alien, having been
convicted by a final judgment of a
particularly serious crime is a danger
to the community of the United States;
``(iii) there are serious reasons to
believe that the alien committed a
serious nonpolitical crime outside the
United States before the alien arrived
in the United States; or
``(iv) there are reasonable grounds
to believe that the alien is a danger
to the security of the United States.
For purposes of clause (ii), an alien who has
been convicted of an aggravated felony (or
felonies) for which the alien has been
sentenced to an aggregate term of imprisonment
of at least 5 years shall be considered to have
committed a particularly serious crime. For
purposes of clause (iv), an alien who is
described in section 237(a)(4)(B) shall be
considered to be an alien with respect to whom
there are reasonable grounds for regarding as a
danger to the security of the United States.
In section 305(a), in new section 241(d)(2), strike ``any
travel documents necessary for departure or repatriation of the
stowaway have been obtained'' and insert ``the requester has
obtained any travel documents necessary for departure or
repatriation of the stowaway''.
In section 305, redesignate subsection (c) as subsection (d)
and insert after subsection (b) the following new section:
(c) Reentry of Alien Removed Prior to Completion of Term of
Imprisonment.--Section 276(b) (8 U.S.C. 1326(b)), as amended by
section 321(b), is amended--
(1) by striking ``or'' at the end of paragraph (2),
(2) by adding ``or'' at the end of paragraph (3), and
(3) by inserting after paragraph (3) the following
new paragraph:
``(4) who was removed from the United States pursuant
to section 241(a)(4)(B) who thereafter, without the
permission of the Attorney General, enters, attempts to
enter, or is at any time found in, the United States
(unless the Attorney General has expressly consented to
such alien's reentry) shall be fined under title 18,
United States Code, imprisoned for not more than 10
years, or both.''.
At the end of section 306, add the following new subsection:
(c) Treatment of Political Subdivisions.--Effective as of the
date of the enactment of this Act, section 242(j), before being
redesignated and moved under subsection (a)(1), is amended by
adding at the end the following new paragraph:
``(6) For purposes of this subsection, the term
`political subdivision' includes a county, city,
municipality, or other similar subdivision recognized
under State law.''.
In section 308(e)(1), insert after the colon the following
(and redesignate subparagraphs (A) through (P) as subparagraphs
(B) through (Q), respectively):
(A) Section 287(g) (8 U.S.C. 1357(g)) (as
added by section 122).
In section 308(g)(10), add at the end the following:
(H) Section 212(h), as amended by section
301(h), is amended by striking ``section
212(c)'' and inserting ``paragraphs (1) and (2)
of section 240A(a)''.
In section 309(a), insert ``, 301(h), or 306(c)'' after
``301(f)''.
In section 309(c), add at the end the following new
paragraph:
(7) Limitation on suspension of deportation.--The
Attorney General may not suspend the deportation and
adjust the status under section 244 of the Immigration
and Nationality Act of more than 4,000 aliens in any
fiscal year (beginning after the date of the enactment
of this Act). The previous sentence shall apply
regardless of when an alien applied for such suspension
and adjustment.
After section 342, insert the following new section (and
conform the table of contents accordingly):
SEC. 343. PROVISIONS RELATING TO CONTRACTS WITH TRANSPORTATION LINES.
(a) Coverage of Noncontiguous Territory.--Section 238 (8
U.S.C. 1228), before redesignation as section 233 under section
308(b), is amended--
(1) in the heading, by striking ``contiguous'', and
(2) by striking ``contiguous'' each place it appears
in subsections (a), (b), and (d).
(b) Coverage of Railroad Train.--Subsection (d) of such
section is further amended by inserting `` or railroad train''
after ``aircraft''.
In section 308(a)(2), in the item inserted relating to
section 233, strike ``contiguous''.
Strike section 356 and insert the following (and conform the
table of contents accordingly):
SEC. 356. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLEGAL ALIENS IN
INCARCERATION FACILITY OF ANAHEIM, CALIFORNIA.
(a) Authority.--The Attorney General may conduct a project
demonstrating the feasibility of identifying, from among the
individuals who are incarcerated in local governmental prison
facilities prior to arraignment on criminal charges, those
individuals who are aliens unlawfully present in the United
States.
(b) Description of Project.--The project authorized by
subsection (a) shall include--
(1) the detail to incarceration facilities within the
city of Anaheim, California and the county of Ventura,
California, of an employee of the Immigration and
Naturalization Service who has expertise in the
identification of aliens unlawfully in the United
States, and
(2) provision of funds sufficient to provide for--
(A) access for such employee to records of
the Service necessary to identify unlawful
aliens, and
(B) in the case of an individual identified
as an unlawful alien, pre-arraignment reporting
to the court regarding the Service's intention
to remove the alien from the United States.
(c) Termination.--The authority under this section shall
cease to be effective 6 months after the date of the enactment
of this Act.
In section 359(a), strike the quotation marks at the end of
the matter inserted and insert the following:
``(C) The amounts required to be refunded from the
Immigration Enforcement Account for fiscal year 1996 and
thereafter shall be refunded in accordance with estimates made
in the budget request of the Attorney General for those fiscal
years. Any proposed changes in the amounts designated in such
budget requests shall only be made after notification to the
Committees on Appropriations of the House of Representatives
and the Senate in accordance with section 605 of Public Law
103-317.
``(D) The Attorney General shall prepare and submit annually
to the Congress statements of financial condition of the
Immigration Enforcement Account, including beginning account
balance, revenues, withdrawals, and ending account balance and
projection for the ensuing fiscal year.''.
[TITLE V AMENDMENTS]
At the end of section 512, add the following new subsection:
(c) Permitting Performance Bond in Lieu of Insurance.--
Section 213 (8 U.S.C. 1183) is amended--
(1) by inserting ``(a)'' after ``213.'', and
(2) by adding at the end the following new
subsection:
``(b)(1) An alien excludable under paragraph (4)(D) 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 performance bond approved by the Attorney
General and furnished either by the alien or by any individual
executing an affidavit of support for the alien pursuant to
section 213A if the alien demonstrates that the alien, despite
reasonable attempts, has been unable to secure insurance
described in section 212(a)(4)(D)(i). Such performance bond
shall be in such amount and containing such conditions
(including conditions similar to those specified for bonds and
undertakings under subsection (a)) as the Attorney General may
prescribe and shall cover all costs which would otherwise be
covered under such insurance.
``(2) The Attorney General shall create a mechanism for
establishing a suitable and proper performance bond as set
forth in paragraph (1). The use of such bond for the purpose of
satisfying the provisions of this subsection shall be at the
discretion of the Attorney General.''.
In section 513(a)(2), in the paragraph (4)(E) inserted by
such section, strike ``or 101(a)(15)(L)'' and insert
``101(a)(15)(L), 101(a)(15)(O), or 101(a)(15)(P)''.
In section 523(a), in the paragraph (5) amended by such
section--
(1) in clause (i), strike ``or'',
(2) in clause (ii), strike the period at the end and
insert ``; or'', and
(3) after clause (ii) insert the following:
``(iii) the alien has filed an application to adjust
status to that of an immigrant under section 203, and
must travel outside the United States for emergent
business or family reasons.
In section 524(a)(2), in the subsection (d)(2) inserted by
such section, add at the end the following:
``(C) Waiver of certain grounds of
inadmissibility.--The provisions of paragraphs
(4), (5), and (7)(A) of section 212(a) shall
not be applicable to any alien seeking
admission to the United States or adjustment of
status under this subsection, and the Attorney
General may waive any other provision of such
section (other than paragraph (2)(C) or
subparagraph (A), (B), (C), or (E) of paragraph
(3)) with respect to such an alien for
humanitarian purposes, to assure family unity,
or when it is otherwise in the public interest.
Any such waiver by the Attorney General shall
be in writing and shall be granted only on an
individual basis following investigation. The
Attorney General shall provide for the annual
reporting to Congress of the number of waivers
granted under this subparagraph in the previous
fiscal year and a summary of the reasons for
granting such waivers.
Strike subsection (d) of section 524 (relating to application
of per country numerical limitation for humanitarian
immigrants), and insert the following:
(d) Special Rules in Case of Adjustment of Status.--Section
245 (8 U.S.C. 1255) is amended by adding at the end the
following new subsection:
``(k) For purposes of subsection (a), an alien who is in the
United States and is identified by the Attorney General under
section 204(a)(1)(I) may be treated as having been paroled into
the United States.''.
Strike subsection (e) of section 524 (relating to waiver of
certain grounds of inadmissibility), and redesignate the
succeeding subsection accordingly.
In section 531, amend section 208(a)(2)(B) of the Immigration
and Nationality Act (as amended by such section) by striking
``30 days'' and inserting ``180 days''.
In section 531, at the end of section 208(d)(3) of the
Immigration and Nationality Act (as amended by such section),
add the following: ``Such fees shall not exceed the Attorney
General's costs in adjudicating the applications.''.
Amend section 533 to read as follows (and conform the table
of contents accordingly):
SEC. 533. INCREASE IN ASYLUM OFFICERS.
Subject to the availability of appropriations, the Attorney
General shall provide for an increase in the number of asylum
officers to at least 600 asylum officers by fiscal year 1997.
[TITLE VI AMENDMENTS]:
In section 600, amend paragraph (7) to read as follows:
(7) With respect to the State authority to make
determinations concerning the eligibility of aliens for
public benefits, a State that chooses to follow the
Federal classification in determining the eligibility
of such aliens for public assistance shall be
considered to have chosen the least restrictive means
available for achieving the compelling government
interest of assuring that aliens be self-reliant in
accordance with national immigration policy.
In section 601(c)(2), strike ``programs:'' and insert
``programs (and include any successor to such a program as
identified by the Attorney General in consultation with other
appropriate officials):''.
In section 603, amend paragraph (2) to read as follows:
(2) Public health immunizations.--Public health
assistance for immunizations with respect to
immunizable diseases and for testing and treatment of
symptoms of communicable diseases, whether or not such
symptoms are actually caused by a communicable disease.
In section 603(5), insert ``(and any successor to such a
program as identified by the Attorney General in consultation
with other appropriate officials)'' after ``National School
Lunch Act''.
In section 603(6), insert ``(and any successor to such a
program as identified by the Attorney General in consultation
with other appropriate officials)'' after ``1966''.
At the end of section 603, add the following new paragraph:
(7) Head start program.--Benefits under the Head
Start Act.
Strike section 611 (and conform the table of contents
accordingly).
At the end of subtitle A of title VI of the bill, insert the
following new part (and conform the table of contents
accordingly):
PART 3--HOUSING ASSISTANCE
SEC. 615. ACTIONS IN CASES OF TERMINATION OF FINANCIAL ASSISTANCE.
(a) In General.--Section 214(c)(1) of the Housing and
Community Development Act of 1980 (42 U.S.C. 1436a(c)(1)) is
amended--
(1) in the matter preceding subparagraph (A), by
striking ``may, in its discretion,'' and inserting
``shall'';
(2) in subparagraph (A), by inserting after the
period at the end the following new sentence:
``Financial assistance continued under this
subparagraph for a family may be provided only on a
prorated basis under which the amount of financial
assistance is based on the percentage of the total
number of members of the family that are eligible for
such assistance under the program for financial
assistance and this section.''; and
(3) in subparagraph (B), by striking ``6-month
period'' and all that follows through ``affordable
housing'' and inserting ``single 3-month period''.
(b) Scope of Application.--The amendment made by subsection
(a)(3) shall apply to any deferral granted under section
214(c)(1)(B) of the Housing and Community Development Act of
1980 on or after the date of the enactment of this Act,
including any renewal of any deferral initially granted before
such date of enactment, except that a public housing agency or
other entity referred to in such section 214(c)(1)(B) may not
renew, after such date of enactment, any deferral which was
granted under such section before such date and has been
effective for at least 3 months on and after such date.
SEC. 616. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY FOR
FINANCIAL ASSISTANCE.
Section 214(d) of the Housing and Community Development Act
of 1980 (42 U.S.C. 1436a(d)) is amended--
(1) in the matter preceding paragraph (1), by
inserting ``or to be'' after ``being'';
(2) in paragraph (1)(A), by inserting at the end the
following new sentences: ``If the declaration states
that the individual is not a citizen or national of the
United States, the declaration shall be verified by the
Immigration and Naturalization Service. If the
declaration states that the individual is a citizen or
national of the United States, the Secretary shall
request verification of the declaration by requiring
presentation of documentation the Secretary considers
appropriate, including a social security card,
certificate of birth, driver's license, or other
documentation.'';
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A),
by striking ``on the date of the enactment of
the Housing and Community Development Act of
1987'' and inserting ``or applying for
financial assistance''; and
(B) by inserting at the end the following new
sentence:
``In the case of an individual applying for financial
assistance, the Secretary may not provide such
assistance for the benefit of the individual before
such documentation is presented and verified under
paragraph (3) or (4).'';
(4) in paragraph (4)--
(A) in the matter preceding subparagraph (A),
by striking ``on the date of the enactment of
the Housing and Community Development Act of
1987'' and inserting ``or applying for
financial assistance'';
(B) in subparagraph (A)--
(i) in clause (i)--
(I) by inserting ``, not to
exceed 30 days,'' after
``reasonable opportunity''; and
(II) by striking ``and'' at
the end; and
(ii) by striking clause (ii) and
inserting the following new clauses:
``(ii) in the case of any individual
who is already receiving assistance,
may not delay, deny, reduce, or
terminate the individual's eligibility
for financial assistance on the basis
of the individual's immigration status
until such 30-day period has expired,
and
``(iii) in the case of any individual
who is applying for financial
assistance, may not deny the
application for such assistance on the
basis of the individual's immigration
status until such 30-day period has
expired; and'';
(C) in subparagraph (B), by striking clause
(ii) and inserting the following new clause:
``(ii) pending such verification or
appeal, the Secretary may not--
``(I) in the case of any
individual who is already
receiving assistance, delay,
deny, reduce, or terminate the
individual's eligibility for
financial assistance on the
basis of the individual's
immigration status, and
``(II) in the case of any
individual who is applying for
financial assistance, deny the
application for such assistance
on the basis of the
individual's immigration
status, and'';
(5) in paragraph (5), by striking all that follows
``satisfactory immigration status'' and inserting the
following: ``, the Secretary shall--
``(A) deny the individual's application for
financial assistance or terminate the
individual's eligibility for financial
assistance, as the case may be; and
``(B) provide the individual with written
notice of the determination under this
paragraph.''; and
(6) by striking paragraph (6) and inserting the
following new paragraph:
``(6) The Secretary shall terminate the eligibility
for financial assistance of an individual and the
members of the household of the individual, for a
period of not less than 24 months, upon determining
that such individual has knowingly permitted another
individual who is not eligible for such assistance to
use the assistance (including residence in the unit
assisted).''.
SEC. 617. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING FINANCIAL
ASSISTANCE ELIGIBILITY DETERMINATIONS.
Section 214(e)(4) of the Housing and Community Development
Act of 1980 (42 U.S.C. 1436a(e)(4)) is amended--
(1) in paragraph (2), by inserting ``or'' at the end;
(2) in paragraph (3), by striking ``, or'' at the end
and inserting a period; and
(3) by striking paragraph (4).
SEC. 618. REGULATIONS.
(a) Issuance.--Not later than the expiration of the 60-day
period beginning on the date of the enactment of this Act, the
Secretary of Housing and Urban Development shall issue any
regulations necessary to implement the amendments made by this
part. Such regulations shall be issued in the form of an
interim final rule, which shall take effect upon issuance and
shall not be subject to the provisions of section 533 of title
5, United States Code, regarding notice or an opportunity for
comment.
(b) Failure To Issue.--If the Secretary fails to issue the
regulations required under subsection (a) before the expiration
of the period referred to in such subsection, the regulations
relating to restrictions on assistance to noncitizens,
contained in the final rule issued by the Secretary of Housing
and Urban Development in RIN 2501-AA63 (Docket No. R-95-1409;
FR-2383-F-050), published in the Federal Register of March 20,
1995 (Vol. 60., No. 53; pp. 14824-14861), shall not apply after
the expiration of such period.
In section 621(a), in amended paragraph (4)(A), strike
``thereof, or'' and insert ``thereof, and'' and strike ``or
both,''.
In section 621(a), in paragraph (4), strike subparagraph (B)
and strike clause (i) of subparagraph (C) and redesignate
subparagraph (C)(ii) as subparagraph (B).
Amend subsection (a) of section 631 to read as follows:
(a) Federal Programs.--
(1) In general.--Notwithstanding any other provision
of law (except as provided in paragraph (2)), in
determining the eligibility and the amount of benefits
of an alien for any Federal means-tested public
benefits program (as defined in subsection (d)) the
income and resources of the alien shall be deemed to
include--
(A) the income and resources of any
individual who executed an affidavit of support
pursuant to section 213A of the Immigration and
Nationality Act (as inserted by section 632(a))
in behalf of such alien, and
(B) the income and resources of the spouse
(if any) of the individual.
(2) Exceptions.--Paragraph (1) shall not apply to the
following:
(A) Medical assistance provided for emergency
medical services under title XIX of the Social
Security Act.
(B) The provision of short-term, non-cash, in
kind emergency relief.
(C) Benefits under the National School Lunch
Act.
(D) Assistance under the Child Nutrition Act
of 1966.
(E) Public health assistance for
immunizations with respect to immunizable
diseases and for testing and treatment for
communicable diseases.
(F) The provision of services directly
related to assisting the victims of domestic
violence or child abuse.
(G) Benefits under programs of student
assistance under titles IV, V, IX, and X of the
Higher Education Act of 1965 and titles III,
VII, and VIII of the Public Health Service Act.
(H) Benefits under means-tested programs
under the Elementary and Secondary Education
Act of 1965.
(I) Benefits under the Head Start Act.
In section 631(b), amend paragraph (1) to read as follows:
(1) Parents of united states citizens and adult sons
and daughters of citizens and permanent residents.--
Subsection (a) shall apply with respect to an alien who
is admitted to the United States as the parent of a
United States citizen under section 203(a)(2) of the
Immigration and Nationality Act, as amended by section
512(a), or as the son or daughter of a citizen or
lawful permanent resident under section 203(a)(3) of
such Act, until the alien is naturalized as a citizen
of the United States.
In section 631(b)(4)(A), strike ``if the alien'' and all that
follows and insert ``if the alien is able to prove to the
satisfaction of the Attorney General that the alien has been
employed for 40 qualifying quarters of coverage as defined
under title II of the Social Security Act and the alien did not
receive any benefit under a means-tested public benefits
program of (or contributed to by) the Federal Government during
any such quarter.''.
In section 632(a), in new section 213A(a)(2)(D)(i), strike
``if the sponsored alien'' and all that follows and insert the
following: ``if the sponsored alien is able to prove to the
satisfaction of the Attorney General that the alien has been
employed for 40 qualifying quarters of coverage as defined
under title II of the Social Security Act and the alien did not
receive any benefit under a means-tested public benefits
program of (or contributed to by) the Federal Government during
any such quarter.''.
In section 632(a), amend paragraph (3) of the section 213A of
the Immigration and Nationality Act inserted by such section,
to read as follows:
``(3) Means-tested public benefits program.--
``(A) In general.--Subject to subparagraph
(B), the term `means-tested public benefits
program' means a program of public benefits
(including cash, medical, housing, and food
assistance and social services) of the Federal
Government or of a State or political
subdivision of a State in which the eligibility
of an individual, household, or family
eligibility unit for benefits under the
program, or the amount of such benefits, or
both are determined on the basis of income,
resources, or financial need of the individual,
household, or unit.
``(B) Exceptions.--Such term does not include
the following benefits:
``(i) Medical assistance provided for
emergency medical services under title
XIX of the Social Security Act.
``(ii) The provision of short-term,
non-cash, in kind emergency relief.
``(iii) Benefits under the National
School Lunch Act.
``(iv) Assistance under the Child
Nutrition Act of 1966.
``(v) Public health assistance for
immunizations with respect to
immunizable diseases and for testing
and treatment for communicable
diseases.
``(vi) The provision of services
directly related to assisting the
victims of domestic violence or child
abuse.
``(vii) Benefits under programs of
student assistance under titles IV, V,
IX, and X of the Higher Education Act
of 1965 and titles III, VII, and VIII
of the Public Health Service Act.
``(viii) Benefits under means-tested
programs under the Elementary and
Secondary Education Act of 1965.
``(ix) Benefits under the Head Start
Act.''.
In section 632(a), in new section 213A(e)(1)(D), strike ``a
tax return or otherwise'' and insert ``an individual's Federal
income tax returns for the individual's most recent two taxable
years and a written statement, executed under oath or as
permitted under penalty of perjury under section 1746 of title
28, United States Code, that the copies are accurate copies of
such returns''.
In section 632(a), in new section 213A(e)(1)(E), insert ``who
is a United States citizen and'' after ``(or is an
individual''.
After section 632, insert the following new sections (and
conform the table of contents accordingly):
SEC. 633. COSIGNATURE OF ALIEN STUDENT LOANS.
Section 484(b) of the Higher Education Act of 1965 (20 U.S.C.
1091(b)) is amended by adding at the end the following new
paragraph:
``(6) Notwithstanding sections 427(a)(2)(A), 428B(a),
428C(b)(4)(A), and 464(c)(1)(E), a student who is an alien
lawfully admitted under the Immigration and Nationality Act,
otherwise eligible for student financial assistance under this
title, and for whom an affidavit of support has been provided
under section 213A of such Act shall not be eligible for a loan
under this title unless the loan is endorsed and cosigned by
the alien's sponsor under such section or by another credit-
worthy individual who is a citizen or national of the United
States.''.
SEC. 634. STATUTORY CONSTRUCTION.
Nothing in this title may be construed as an entitlement or a
determination of an individual's eligibility or fulfillment of
the requisite requirements for any Federal, State, or local
governmental program, assistance, or benefits. For purposes of
this title, eligibility relates only to the general issue of
eligibility or ineligibility on the basis of alienage.
[TITLE VII AMENDMENTS]
In section 701--
(1) in subsection (a)(1), strike ``the Secretary of
the Treasury'' and strike ``and the United States
Customs Service'',
(2) in subsection (a)(2), strike ``and the Secretary
of the Treasury'',
(3) in subsection (b)(1), strike ``, in consultation
with the Secretary of the Treasury,'' and strike ``,
the United States Customs Service,'', and
(4) in subsection (b)(1), insert ``by the Immigration
and Naturalization Service'' after ``inspection''.
[TITLE VIII AMENDMENTS]
After section 810, insert the following new sections (and
conform the table of contents accordingly):
SEC. 811. CERTIFICATION REQUIREMENTS FOR FOREIGN HEALTH-CARE WORKERS.
(a) In General.--Section 212(a) (8 U.S.C. 1182(a)), as
amended by section 301(b)(1), is amended--
(1) by redesignating paragraph (10) as paragraph
(11), and
(2) by inserting after paragraph (9) the following
new paragraph:
``(10) Certification requirements for foreign health-
care workers.--Any alien who seeks to enter the United
States for the purpose of performing labor as a health
care-worker, other than a physician, is inadmissible
unless the consular officer receives a certification
from the Commission on Graduates of Foreign Nursing
Schools or a certificate from an equivalent independent
credentialing organization approved by the Secretary of
Labor verifying that--
``(A) the alien's education, training, or
experience meet all applicable statutory and
regulatory requirements for entry into the
United States under the classification
specified in the application and is comparable
to that required for an American practitioner
of the same type;
``(B) any foreign license submitted by the
alien is authentic and unencumbered;
``(C) the alien must have the ability to
read, write, and speak the English language at
a level required for standard business
communication, as demonstrated by the alien's
score on one or more standardized tests; and
``(D) if the alien is a registered nurse, the
alien has passed an examination testing both
nursing skills and English language
proficiency.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to aliens entering the United States more than 180
days after the date of the enactment of this Act.
Amend section 834 to read as follows (and conform the table
of contents accordingly):
SEC. 834. REGULATIONS REGARDING HABITUAL RESIDENCE.
Not later than 6 months after the date of the enactment of
this Act, the Commissioner of the Immigration and
Naturalization Service shall issue regulations governing rights
of ``habitual residence'' in the United States under the terms
of Compacts of Free Association (Public Law 99-239, Public Law
99-658, and Public Law 101-219).
2. An Amendment To Be Offered by Representative Traficant of Ohio, or a
Designee, Debatable for 10 Minutes
At the end of subtitle A of title I insert the following new
section:
SEC. 108. REPORT.
The Attorney General, in consultation with the Secretary of
State and the Secretary of Defense, shall contract with the
Comptroller General to track, monitor, and evaluate the
Administration's border strategy to deter illegal entry, more
commonly referred to as prevention through deterrence. To
determine the efficacy of the Administration's strategy and
related efforts, the Comptroller General shall submit to
Congress a report of its findings within one year after the
date of the enactment of this Act and, for every year
thereafter, up to and including fiscal year 2000. Such a report
shall include a collection and systematic analysis of data,
including workload indicators, related to activities to deter
illegal entry. Such a report shall also include recommendations
to improve and increase border security at both the border and
ports-of-entry.
----------
3. An Amendment To Be Offered by Representative Beilenson of
California, or a Designee, Debatable for 10 Minutes
Amend subsection (b) of section 102 to read as follows:
(b) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section not to exceed
$110,000,000. Amounts appropriated under this subsection are
authorized to remain available until expended.
----------
4. An Amendment To Be Offered by Representative McCollum of Florida, or
a Designee, Debatable for 30 Minutes
After section 216, insert the following new section (and
conform the table of contents accordingly):
SEC. 217. PROTECTING THE INTEGRITY OF THE SOCIAL SECURITY ACCOUNT
NUMBER CARD.
(a) Improvements to Card.--
(1) In general.--For purposes of carrying out section
274A of the Immigration and Nationality Act, the
Commissioner of Social Security (in this section
referred to as the ``Commissioner'') shall make such
improvements to the physical design, technical
specifications, and materials of the social security
account number card as are necessary to ensure that it
is a genuine official document and that it offers the
best possible security against counterfeiting, forgery,
alteration, and misuse.
(2) Performance standards.--In making the
improvements required in paragraph (1), the
Commissioner shall--
(A) make the card as secure against
counterfeiting as the 100 dollar Federal
Reserve note, with a rate of counterfeit
detection comparable to the 100 dollar Federal
Reserve note, and
(B) make the card as secure against
fraudulent use as a United States passport.
(3) Reference.--In this section, the term ``secured
social security account number card'' means a social
security account number card issued in accordance with
the requirements of this subsection.
(4) Effective date.--All social security account
number cards issued after January 1, 1999, whether new
or replacement, shall be secured social security
account number cards.
(b) Use for Employment Verification.--Beginning on January 1,
2006, a document described in section 274A(b)(1)(C) of the
Immigration and Nationality Act is a secured social security
account number card (other than such a card which specifies on
the face that the issuance of the card does not authorize
employment in the United States).
(c) Not a National Identification Card.--Cards issued
pursuant to this section shall not be required to be carried
upon one's person, and nothing in this section shall be
construed as authorizing the establishment of a national
identification card.
(d) No New Databases.--Nothing in this section shall be
construed as authorizing the establishment of any new
databases.
(e) Education Campaign.--The Commissioner of Immigration and
Naturalization, in consultation with the Commissioner of Social
Security, shall conduct a comprehensive campaign to educate
employers about the security features of the secured social
security card and how to detect counterfeit or fraudulently
used social security account number cards.
(f) Annual Reports.--The Commissioner of Social Security
shall submit to Congress by July 1 of each year a report on--
(1) the progress and status of developing a secured
social security account number card under this section,
(2) the incidence of counterfeit production and
fraudulent use of social security account number cards,
and
(3) the steps being taken to detect and prevent such
counterfeiting and fraud.
(g) GAO Annual Audits.--The Comptroller General shall perform
an annual audit, the results of which are to be presented to
the Congress by January 1 of each year, on the performance of
the Social Security Administration in meeting the requirements
in subsection (a).
(h) Expenses.--No costs incurred in developing and issuing
cards under this section that are above the costs that would
have been incurred for cards issued in the absence of this
section shall be paid for out of any Trust Fund established
under the Social Security Act. There are authorized to be
appropriated such sums as may be necessary to carry out this
section.
----------
5. An Amendment To Be Offered by Representative Tate of Washington, or
a Designee, Debatable for 30 Minutes
In section 301(c) of the bill (relating to revision to ground
of inadmissibility for illegal entrants and immigration
violators), in subparagraph (A) of section 212(a)(6) of the
Immigration and Nationality Act as proposed to be amended by
such section of the bill insert after clause (ii) the following
clauses, and redesignate clause (iii) accordingly:
``(iii) Aliens who had the intent to
illegally enter.--Any alien who had the
intent to illegally enter the United
States and who has been ordered removed
under section 235(b)(1) or at the end
of proceedings under section 240
initiated upon the alien's arrival in
the United States and who again seeks
admission is inadmissible.
``(iv) Other aliens who had the
intent to illegally enter.--Any alien
not described in clause (i) who had the
intent to illegally enter the United
States and who has been ordered removed
under section 240 or any other
provision of law and who again seeks
admission is inadmissible.
In redesignated clause (v) (as redesignated by this
provision), strike ``(i) and (ii)'' and insert ``(i) through
(iv)''.
----------
6. An Amendment To Be Offered by Representative Conyers of Michigan, or
a Designee, Debatable for 30 Minutes
Strike section 331 (relating to membership in terrorist
organization as a ground of inadmissibility).
----------
7. An Amendment To Be Offered by Representative Latham of Iowa, or a
Designee, Debatable for 40 Minutes
At the end of subtitle D of title III insert the following
new section:
SEC. 365. AUTHORITY FOR STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE IN
DEPORTATION.
Section 103 of the Immigration and Nationality Act (8 U.S.C.
1103) is amended by adding after subsection (e) the following
new subsection:
``(f)(1) The Attorney General may deputize any law
enforcement officer of any State or of any political
subdivision of any State to seek, apprehend, detain, and commit
to the custody of an officer of the Department of Justice
aliens subject to a final order of deportation or exclusion
under this Act, if--
``(1) actions pursuant to such deputization are
subject to the direction and supervision of an officer
of the Department of Justice;
``(2) any deputization, its duration, an
identification of the supervising officer of the
Department of Justice, and the specific powers,
privileges, and duties to be performed or exercised are
set forth in writing; and
``(3) the Governor of the State, or the chief elected
or appointed official of a political subdivision (as
may be appropriate) consents to the deputization.
``(2) No deputization under this subsection shall entitle any
State, political subdivision, or individual to any compensation
or reimbursement from the United States, except where the
amount thereof and the entitlement thereto are set forth in the
written deputization or where otherwise explicitly provided by
law.''.
8. An Amendment To Be Offered by Representative Bryant of Tennessee, or
a Designee, Debatable for 20 Minutes
At the end of section 604(b), add the following: ``Such
procedures shall include, in the case of such an individual who
is 18 years of age or older and not lawfully present in the
United States, the hospital or facility promptly providing the
Service with the individual's name, address, and name of
employer and other identifying information that the hospital or
facility may have that may assist the Service in its efforts to
locate the individual.''.
9. An Amendment To Be Offered by Representative Velazquez of New York,
or Representative Roybal-Allard of California, or a Designee, Debatable
for 20 Minutes
Strike section 607 and redesignate the succeeding sections
accordingly.
----------
10. An Amendment To Be Offered by Representative Gallegly of
California, or a Designee, Debatable for 30 minutes
At the end of subtitle A of title VI insert the following new
part:
PART 3--PUBLIC EDUCATION BENEFITS
SEC. 615. AUTHORIZING STATES TO DENY PUBLIC EDUCATION BENEFITS TO
ALIENS NOT LAWFULLY PRESENT IN THE UNITED STATES.
(a) In General.--The Immigration and Nationality Act is
amended by adding at the end the following new title:
``TITLE VI--DISQUALIFICATION OF ALIENS NOT LAWFULLY PRESENT IN THE
UNITED STATES FROM CERTAIN PROGRAM
``congressional policy regarding ineligibility of aliens not lawfully
present in the United States for public education benefits
``Sec. 601. (a) Because Congress views that the right to a
free public education for aliens who are not lawfully present
in the United States promotes violations of the immigration
laws and because such a free public education for such aliens
creates a significant burden on States' economies and depletes
States' limited educational resources, Congress declares it to
be the policy of the United States that--
``(1) aliens who are not lawfully present in the
United States not be entitled to public education
benefits in the same manner as United States citizens
and lawful resident aliens; and
``(2) States should not be obligated to provide
public education benefits to aliens who are not
lawfully present in the United States.
``(b) Nothing in this section shall be construed as
expressing any statement of Federal policy with regard to--
``(1) aliens who are lawfully present in the United
States, or
``(2) benefits other than public education benefits
provided under State law.
``authority of states
``Sec. 602. (a) In order to carry out the policies described
in section 601, each State may provide that an alien who is not
lawfully present in the United States is not eligible for
public education benefits in the State or, at the option of the
State, may be treated as a non-resident of the State for
purposes of provision of such benefits.
``(b) For purposes of subsection (a), an individual shall be
considered to be not lawfully present in the United States
unless the individual (or, in the case of an individual who is
a child, another on the child's behalf)--
``(1) declares in writing under penalty of perjury
that the individual (or child) is a citizen or national
of the United States and (if required by a State)
presents evidence of United States citizenship or
nationality; or
``(2)(A) declares in writing under penalty of perjury
that the individual (or child) is not a citizen or
national of the United States but is lawfully present
in the United States, and
``(B) presents either--
``(i) alien registration documentation or
other proof of immigration registration from
the Service, or
``(ii) such other documents as the State
determines constitutes reasonable evidence
indicating that the individual (or child) is
lawfully present in the United States.
If the documentation described in paragraph (2)(B)(i) is
presented, the State may (at its option) verify with the
Service the alien's immigration status through a system
described in section 1137(d)(3) of the Social Security Act (42
U.S.C. 1320b-7(d)(3)).
``(c) If a State denies public education benefits under this
section with respect to an alien, the State shall provide the
alien with an opportunity for a fair hearing to establish that
the alien is lawfully present in the United States, consistent
with subsection (b) and Federal immigration law.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end the following new items:
``TITLE VI--DISQUALIFICATION OF ALIENS NOT LAWFULLY PRESENT IN THE
UNITED STATES FROM CERTAIN PROGRAM
``Sec. 601. Congressional policy regarding ineligibility of aliens not
lawfully present in the United States for public education
benefits.
``Sec. 602. Authority of States.''.
(c) Effective Date.--The amendments made by this section
shall take effect as of the date of the enactment of this Act.
----------
11. An Amendment To Be Offered by Representative Cardin of Maryland, or
a Designee, Debatable for 10 Minutes
At the end of section 401 the following new subsection:
(c) Priority for Worksite Enforcement.--
(1) In general.--In addition to its efforts on border
control and easing the worker verification process, the
Attorney General shall make worksite enforcement of
employer sanctions a top priority of the Immigration
and Naturalization Service.
(2) Report.--Not later than 1 year after the date of
the enactment of this Act, the Attorney General shall
submit to Congress a report on any additional authority
or resources needed--
(A) by the Immigration and Naturalization
Service in order to enforce section 274A of the
Immigration and Nationality Act, or
(B) by Federal agencies in order to carry out
the Executive Order of February 13, 1996
(entitled ``Economy and Efficiency in
Government Procurement Through Compliance with
Certain Immigration and Naturalization Act
Provisions'') and to expand the restrictions in
such Order to cover agricultural subsidies,
grants, job training programs, and other
Federally subsidized assistance programs.
----------
12. An Amendment To Be Offered by Representative Chabot of Ohio, or a
Designee, Debatable for 60 Minutes
Strike subsection (b) of section 403.
----------
13. An Amendment To Be Offered by Representative Gallegly of
California, or a Designee, Debatable for 60 Minutes
Amend subsection (b) of section 403 to read as follows:
(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) if the person employs not more than 3
employees, 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, other electronic media,
or toll-free facsimile number 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.''.
----------
14. An Amendment To Be Offered by Representative Brownback of Kansas,
or Representative Gutierrez of Illinois a Designee, Debatable for 20
Minutes
Amend section 505 to read as follows (and conform the table
of contents accordingly):
SEC. 505. REQUIRING CONGRESSIONAL REVIEW 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 of Worldwide Levels.--
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.''.
----------
15. An Amendment To Be Offered by Representative Kim of California, or
a Designee, Debatable for 10 Minutes
In section 512(a), in the matter proposed to be inserted--
(1) in paragraph (1), strike ``and (3)'' and insert
``through (4)'',
(2) in paragraph (3), strike the closing quotation
marks and period that follows at the end of
subparagraph (D)(iv), and
(3) add at the end the following:
``(4) Other sons and daughters of citizens.--
Immigrants who are the sons or daughters (other than
qualifying adult sons or daughters described in
paragraph (3)(C)) of citizens of the United States, who
had classification petitions filed on their behalf
under section 203(a) as a son or daughter of a citizen
before March 13, 1996, and who at any time was not
unlawfully present in the United States shall be
allocated visas in a number not to exceed the number of
visas not required for the classes specified in
paragraphs (1) through (3), plus a number equal to the
number by which the maximum number of visas that may be
made available for the fiscal year under subsection (b)
exceeds the number of visas that will be allotted under
such subsection for such year.
``(5) Brothers and sisters of citizens.--Immigrants
who are the brothers or sisters of citizens of the
United States, if such citizens are at least 21 years
of age, who had classification petitions filed on their
behalf under section 203(a) as a brother or sister of
such a citizen before March 13, 1996, and who at any
time was not unlawfully present in the United States
shall be allocated visas in a number not to exceed the
number of visas not required for the classes specified
in paragraphs (1) through (4), plus a number equal to--
``(A) the number by which the maximum number
of visas that may be made available for the
fiscal year under subsection (b) exceeds the
number of visas that will be allotted under
such subsection for such year, reduced by
``(B) any portion of such excess that was
used for visas under paragraph (4) for the
fiscal year.
Amend section 519(b)(1)(A) to read as follows:
(A) in subsection (a)(1)(A)(i), by striking
``paragraph (1), (3), or (4)'' and inserting
``paragraph (2), (3), (4), or (5)'';
Strike section 555 (and conform the table of contents
accordingly).
----------
16. An Amendment To Be Offered by Representative Canady of Florida, or
a Designee, Debatable for 30 Minutes
Amend subsection (c) of section 514 to read as follows:
(c) Establishing Job Offer and English Language Proficiency
Requirements.--Paragraph (2) of section 203(c) (8 U.S.C.
1153(c)) is amended to read as follows:
``(2) Requirements of job offer and education or
skilled worker and english language proficiency.--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;
``(C) has at least 2 years of work experience
in an occupation which requires at least 2
years of training; and
``(D) demonstrates the ability to speak and
to read the English language at an appropriate
level specified under subsection (i).''.
Redesignate section 519 as section 520 and insert after
section 518 the following new section (and conform the table of
contents, and cross-references to section 519, accordingly):
SEC. 519. STANDARDS FOR ENGLISH LANGUAGE PROFICIENCY FOR MOST
IMMIGRANTS.
Section 203 (8 U.S.C. 1153), as amended by section 524(a), is
amended by adding at the end the following new subsection:
``(i) English Language Proficiency Standards.--(1) For
purposes of this section, the levels of English language
speaking and reading ability specified in this subsection are
as follows:
``(A) The ability to speak English at a level
required, without a dictionary, to meet routine social
demands and to engage in a generally effective manner
in casual conversation about topics of general
interest, such as current events, work, family, and
personal history, and to have a basic understanding of
most conversations on nontechnical subjects, as shown
by an appropriate score on the standardized test of
English-speaking ability most commonly used by private
firms doing business in the United States.
``(B) The ability to read English at a level required
to understand simple prose in a form equivalent to
typescript or printing on subjects familiar to most
general readers, and, with a dictionary, the general
sense of routine business letters, and articles in
newspapers and magazines directed to the general
reader.
``(2) The levels of ability described in paragraph (1) shall
be shown by an appropriate score on the standardized test of
English-speaking ability most commonly used by private firms
doing business in the United States. Determinations of the
tests required and the computing of the appropriate score on
each such test are within the sole discretion of the Secretary
of Education, and are not subject to further administrative or
judicial review.
``(3) The level of English language speaking and reading
ability specified under this subsection shall not apply to
family members accompanying, or following to join, an immigrant
under subsection (e).''.
Amend paragraph (3) of section 513(a) to read as follows:
(3) by adding at the end the following new
paragraphs:
``(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.
``(9) English language proficiency requirement.--An
alien is not eligible for an immigrant visa number
under this subsection unless the alien demonstrates the
ability to speak and to read the English language at an
appropriate level specified under subsection (i).''.
In section 553(b)--
(1) in paragraph (1), strike ``paragraph (2)'' and
insert ``paragraphs (2) and (3)'', and
(2) redesignate paragraph (3) and paragraph (4), and
(3) insert after paragraph (2) the following new
paragraph:
``(3) In determining the order of issuance of visa numbers
under this section, if an immigrant demonstrates the ability to
speak and to read the English language at appropriate levels
specified under section 203(i) of the Immigration and
Nationality Act (as added by section 519), the immigrant's
priority date shall be advanced to 180 days before the priority
date otherwise established.''
----------
17. An Amendment To Be Offered by Representative Smith of New Jersey,
or Representative Schiff of New Mexico, or a Designee, Debatable for 30
Minutes
In section 521 (relating to changes in refugee annual
admissions), strike subsection (a), and in subsection (c)
strike ``subsections (a) and (b)'' and insert ``this section''.
----------
18. An Amendment To Be Offered by Representative Dreier of California,
or a Designee, Debatable for 10 Minutes
After section 810, insert the following:
SEC. 811. COMPUTATION OF TARGETED ASSISTANCE.
Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is amended by adding
at the end the following new subparagraph:
``(C) Except for the Targeted Assistance Ten Percent
Discretionary Program, all grants made available under this
paragraph for a fiscal year shall be allocated by the Office of
Resettlement in a manner that ensures that each qualifying
county shall receive the same amount of assistance for each
refugee and entrant residing in the county as of the beginning
of the fiscal year who arrived in the United States not more
than 60 months prior to such fiscal year.''.
----------
19. An Amendment To Be Offered by Representative Chrysler of Michigan,
or Representative Berman of California, or a Designee, Debatable for 60
Minutes
In title V (relating to reform of legal immigration system)
strike subtitle A (relating to worldwide numerical limits),
subtitle B (relating to changes in preference system), and
subtitle C (relating to refugees, parole, and humanitarian
admissions).
----------
20. An Amendment To Be Offered by Representative Bryant of Texas, or a
Designee, Debatable for 10 Minutes
After section 555, insert the following new section (and
conform the table of contents accordingly):
SEC. 556. SPECIAL TREATMENT FOR CERTAIN CHILDREN.
(a) In General.--Subject to the limitation under subsection
(d) and notwithstanding any other provision of law, for
purposes of section 203 of the Immigration and Nationality Act
any alien described in subsection (b) shall be considered a
child as defined under section 101(b)(1) of such Act.
(b) Certain Disadvantaged Adult Children.--An alien is
described in this subsection if the alien is--
(1) an alien who has been continuously present in the
United States since May 5, 1988; and
(2)(A) an alien who was brought into the United
States as a minor child and raised in the United States
under the protection of the family unity program under
section 301 of the Immigration Act of 1990; or
(B)(i) an alien who was brought into the United
States as a minor child and raised in the United
States,
(ii) at least 21, but no more than 25, years of age,
and
(iii) at least one of whose parents is a citizen of
the United States or an alien lawfully admitted for
permanent residence.
(c) Notice.--The Immigration and Naturalization Service shall
publish a notice in the Federal Register of the special
treatment available under this section.
(d) Limitation.--The provisions of this section shall apply
to petitions filed not later than 3 years after the date of the
enactment of this Act.
----------
21. An Amendment To Be Offered by Representative Rohrabacher of
California, or a Designee, Debatable for 10 Minutes
Amend section 808 of the bill to read as follows:
SEC. 808. LIMITATION ON ADJUSTMENT OF STATUS OF INDIVIDUALS NOT
LAWFULLY PRESENT IN THE UNITED STATES.
(a) In General.--Section 245(i) (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--
(1) in paragraph (1), by inserting ``pursuant to
section 301 of the Immigration Act of 1990 is not
required to depart from the United States and who''
after ``who'' the first place it appears; and
(2) by adding at the end of paragraph (2) the
following: ``For purposes of subparagraph (A), the
ground of inadmissibility described in section
212(a)(9) shall not apply.''.
(b) Effective Date.--(1) The amendment made by subsection
(a)(1) shall apply to applications for adjustment of status
filed after September 30, 1996.
(2) The amendment made by subsection (a)(2) shall take effect
on the title III-A effective date (as defined in section
309(a)).
----------
22. An Amendment To Be Offered by Representative Pombo of California,
or Representative Chambliss of Georgia, or a Designee, Debatable for 60
Minutes
Redesignate subtitles B and C of title VIII as subtitles C
and D, respectively, and insert after subtitle A the following:
Subtitle B--Guest Worker Visitation Program
SEC. 821. SHORT TITLE.
This subtitle may be cited as the ``Temporary Agricultural
Worker Amendments of 1996''.
SEC. 822. NEW NONIMMIGRANT H-2B CATEGORY FOR TEMPORARY AGRICULTURAL
WORKERS.
(a) Establishment of New Classification.--Section
101(a)(15)(H)(ii) (8 U.S.C. 1101(a)(15)(H)(ii)) is amended by
striking ``or (b)'' and inserting ``(b) having a residence in a
foreign country which he has no intention of abandoning who is
coming temporarily to the United States pursuant to section
218A to perform such agricultural labor or services of a
temporary or seasonal nature, or (c)''.
(b) No Family Members Permitted.--Section 101(a)(15)(H) (8
U.S.C. 1101(a)(15)(H)) is amended by striking ``specified in
this paragraph'' and inserting ``specified in this subparagraph
(other than in clause (ii)(b))''.
(c) Disqualification if Convicted of Ownership or Operation
of a Motor Vehicle in United States Without Insurance.--Section
214 (8 U.S.C. 1184) is amended by adding at the end the
following:
``(l)(1) An alien may not be admitted (or provided status) as
a temporary worker under section 101(a)(15)(H)(ii)(b) if the
alien (after the date of the enactment of this subsection) has
been convicted of owning (or knowingly operating) a motor
vehicle in the United States without having liability insurance
that meets applicable insurance requirements of the State in
which the alien is employed or in which the vehicle is
registered.
``(2) An alien who is admitted or provided status as such a
worker who is so convicted shall be considered, on and after
the date of the conviction and for purposes of section
241(a)(1)(C), to have failed to comply with a condition for the
maintenance of status under section 101(a)(15)(H)(ii)(b).''
(d) Conforming Redesignation.--Subsections (c)(5)(A) and
(g)(1)(B) of section 214 (8 U.S.C. 1184) are each amended by
striking ``101(a)(15)(H)(ii)(b)'' and inserting
``101(a)(15)(H)(ii)(c)''.
SEC. 823. ALTERNATIVE AGRICULTURAL TEMPORARY WORKER PROCESS USING
ATTESTATIONS.
(a) In General.--The Immigration and Nationality Act is
amended by inserting after section 218 the following:
``ALTERNATIVE AGRICULTURAL TEMPORARY WORKER PROGRAM
``Sec. 218A. (a) Condition for the Employment of H-2B
Aliens.--
``(1) In general.--No alien may be admitted or
provided status as an H-2B alien (as defined in
subsection (n)(4)) unless--
``(A) the employment of the alien is covered
by a currently valid labor condition
attestation which--
``(i) is filed by the employer, or by
an association on behalf of the
employer, for the occupation in which
the alien will be employed;
``(ii) has been accepted by the
qualified State employment security
agency having jurisdiction over the
area of intended employment; and
``(iii) states each of the items
described in paragraph (2) and includes
information identifying the employer or
association and agricultural job
opportunities involved; and
``(B) the employer is not disqualified from
employing H-2B aliens pursuant to subsection
(g).
``(2) Contents of labor condition attestation.--Each
labor condition attestation filed by or on behalf of,
an employer shall include the following:
``(A) Wage rate.--The employer will pay H-2B
aliens and all other workers in the occupation
not less than the prevailing wage for similarly
employed workers in the area of employment, and
not less than the applicable Federal, State or
local statutory minimum wage.
``(B) Working conditions.--The employment of
H-2B aliens will not adversely affect the
working conditions with respect to housing and
transportation of similarly employed workers in
the area of employment.
``(C) Limitation on employment.--An H-2B
alien will not be employed in any job
opportunity which is not temporary or seasonal,
and will not be employed by the employer in any
job opportunity for more than 10 months in any
12-consecutive-month period.
``(D) No labor dispute.--No H-2B alien will
be employed in any job opportunity which is
vacant because its former occupant is involved
in a strike, lockout or work stoppage in the
course of a labor dispute in the occupation at
the place of employment.
``(E) Notice.--The employer, at the time of
filing the attestation, has provided notice of
the attestation to workers employed in the
occupation in which H-2B aliens will be
employed.
``(F) Job orders.--The employer will file
one or more job orders for the occupation (or
occupations) covered by the attestation with
the qualified State employment security agency
no later than the day on which the employer
first employs any H-2B aliens in the
occupation.
``(G) Preference to domestic workers.--The
employer will give preference to able, willing
and qualified United States workers who apply
to the employer and are available at the time
and place needed, for the first 25 days after
the filing of the job order in an occupation or
until 5 days before the date employment of
workers in the occupation begins, whichever
occurs later.
``(3) Establishment as pilot program; restriction of
admissions to pilot program period.--
``(A) In general.--The program under this
section is deemed to be a pilot program and no
alien may be admitted or provided status as an
H-2B alien under this section except during the
pilot program period specified in subparagraph
(B).
``(B) Pilot program period.--
``(i) In general.--Subject to clause
(ii), the pilot program period under
this subparagraph is the period (ending
on October 1, 1999) during which the
employment eligibility verification
system is in effect under section
274A(b)(7) (as amended by the
Immigration in the National Interest
Act of 1995).
``(ii) Consideration of extension.--
If Congress extends such verification
system, Congress shall also extend the
pilot program period under this
subparagraph for the same period of
time.
``(C) Annual reports.--The Comptroller
General shall submit to Congress annual reports
on the operation of the pilot program under
this section during the pilot program period.
Such reports shall include an assessment of the
program and of the need for foreign workers to
perform temporary agricultural employment in
the United States.
``(4) Limitations on number of visas.--
``(A) In general.--In no case may the number
of aliens who are admitted or provided status
as an H-2B alien in a fiscal year exceed the
numerical limitation specified under
subparagraph (B) for that fiscal year.
``(B) Numerical limitation.--The numerical
limitation specified in this subparagraph for--
``(i) the first fiscal year in which
this section is applied is 250,000; and
``(ii) any subsequent fiscal year is
the numerical limitation specified in
this subparagraph for the previous
fiscal year decreased by 25,000.
``(b) Filing a Labor Condition Attestation.--
``(1) Filing by employers--Any employer in the United
States is eligible to file a labor condition
attestation.
``(2) Filing by associations on behalf of employer
members.--An agricultural association may file a labor
condition attestation as an agent on behalf of its
members. Such an attestation filed by an agricultural
association acting as an agent for its members, when
accepted, shall apply to those employer members of the
association that the association certifies to the
qualified State employment security agency are members
of the association and have agreed in writing to comply
with the requirements of this section.
``(3) Period of validity.--A labor condition
attestation is valid from the date on which it is
accepted by the qualified State employment security
agency for the period of time requested by the
employer, but not to exceed 12 months.
``(4) Where to file.--A labor condition attestation
shall be filed with such agency having jurisdiction
over the area of intended employment of the workers
covered by the attestation. If an employer, or the
members of an association of employers, will be
employing workers in an area or areas covered by more
than one such agency, the attestation shall be filed
with each such agency having jurisdiction over an area
where the workers will be employed.
``(5) Deadline for filing.--An employer may file a
labor condition attestation at any time up to 12 months
prior to the date of the employer's anticipated need
for workers in the occupation (or occupations) covered
by the attestation.
``(6) Filing for multiple occupations.--A labor
condition attestation may be filed for one or more
occupations and cover one or more periods of
employment.
``(7) Maintaining required documentation.--
``(A) By employers.--Each employer covered by
an accepted labor condition attestation must
maintain a file of the documentation required
in subsection (c) for each occupation included
in an accepted attestation covering the
employer. The documentation shall be retained
for a period of one year following the
expiration of an accepted attestation. The
employer shall make the documentation available
to representatives of the Secretary during
normal business hours.
``(B) By associations.--In complying with
subparagraph (A), documentation maintained by
an association filing a labor condition
attestation on behalf of an employer shall be
deemed to be maintained by the employer.
``(8) Withdrawal.--
``(A) Compliance with attestation
obligations.--An employer covered by an
accepted labor condition attestation for an
occupation shall comply with the terms and
conditions of the attestation from the date the
attestation is accepted and continuing
throughout the period any persons are employed
in an occupation covered by such an accepted
attestation, whether or not H-2B aliens are
employed in the occupation, unless the
attestation is withdrawn.
``(B) Termination of obligations.--An
employer may withdraw a labor condition
attestation in total, or with respect to a
particular occupation covered by the
attestation. An association may withdraw such
an attestation with respect to one or more of
its members. To withdraw an attestation the
employer or association must notify in writing
the qualified State employment security agency
office with which the attestation was filed of
the withdrawal of the attestation. An employer
who withdraws an attestation, or on whose
behalf an attestation is withdrawn by an
association, is relieved of the obligations
undertaken in the attestation with respect to
the occupation (or occupations) with respect to
which the attestation was withdrawn, upon
acknowledgement by the appropriate qualified
State employment security agency of receipt of
the withdrawal notice. An attestation may not
be withdrawn with respect to any occupation
while any H-2B aliens covered by that
attestation are employed in the occupation.
``(C) Obligations under other statutes.--Any
obligation incurred by the employer under any
other law or regulation as a result of
recruitment of United States workers under an
offer of terms and conditions of employment
required by the H-2B program is unaffected by
withdrawal of a labor condition attestation.
``(c) Employer Responsibilities and Requirements For
Employing H-2B Nonimmigrants.--
``(1) Requirement to pay the prevailing wage.--
``(A) Effect of the attestation.--Employers
shall pay each worker in an occupation covered
by an accepted labor condition attestation at
least the prevailing wage in the occupation in
the area of intended employment. The preceding
sentence does not require employers to pay all
workers in the occupation the same wage. The
employer may, in the sole discretion of the
employer, maintain pay differentials based on
experience, tenure with the employer, skill, or
any other work-related factor, if the
differential is not based on a criterion for
which discrimination is prohibited by the law
and all workers in the covered occupation
receive at least the prevailing wage.
``(B) Payment of qualified state employment
security agency determined wage sufficient.--
The employer may request and obtain a
prevailing wage determination from the
qualified State employment security agency. If
the employer requests such a determination, and
pays the wage determined, such payment shall be
considered sufficient to meet the requirement
of this paragraph if the H-2B workers--
``(i) are employed in the occupation
for which the employer possesses an
accepted labor condition attestation,
and for which the employer or
association possesses a prevailing wage
determination by the qualified State
employment security agency, and
``(ii) are being paid at least the
prevailing wage so determined.
``(C) Reliance on wage survey.--In lieu of
the procedures of subparagraph (B), an employer
may rely on other information, such as an
employer generated prevailing wage survey and
determination, which meets criteria specified
by the Secretary by regulation. In the event of
a complaint that the employer has failed to pay
the required wage, the Secretary shall
investigate to determine if the information
upon which the employer relied complied with
the criteria for prevailing wage
determinations.
``(D) Alternate methods of payment
permitted.--
``(i) In general.--A prevailing wage
may be expressed as an hourly wage, a
piece rate, a task rate (described in
clause (ii)), or other incentive pay
system, including a group rate
(described in clause (iii)). The
requirement to pay at least the
prevailing wage in the occupation and
area of intended employment does not
require an employer to pay by the
method of pay in which the prevailing
rate is expressed. However, if the
employer adopts a method of pay other
than the prevailing rate, the burden of
proof is on the employer to demonstrate
that the employer's method of pay is
designed to produce earnings equivalent
to the earnings that would result from
payment of the prevailing rate.
``(ii) Task rate.--For purposes of
this subparagraph, a task rate is an
incentive payment based on a unit of
work performed such that the incentive
rate varies with the level of effort
required to perform individual units of
work.
``(iii) Group rate.--For purposes of
this subparagraph, a group rate is an
incentive payment system in which the
payment is shared among a group of
workers working together to perform the
task.
``(E) Required documentation.--The employer
or association shall document compliance with
this paragraph by retaining on file the
employer or association's request for a
determination by a qualified State employment
security agency and the prevailing wage
determination received from such agency or
other information upon which the employer or
association relied to assure compliance with
the prevailing wage requirement.
``(2) Requirement to provide housing and
transportation.--
``(A) Effect of the attestation.--The
employment of H-2B aliens shall not adversely
affect the working conditions of United States
workers similarly employed in the area of
intended employment. The employer's obligation
not to adversely affect working conditions
shall continue for the duration of the period
of employment by the employer of any H-2B
aliens in the occupation and area of intended
employment. An employer will be deemed to be in
compliance with this attestation if the
employer offers at least the benefits required
by subparagraphs (B) through (D). The previous
sentence does not require an employer to offer
more than such benefits.
``(B) Housing required.--
``(i) Housing offer.--The employer
must offer to H-2B aliens and United
States workers recruited from beyond
normal recruiting distance housing, or
a housing allowance, if it is
prevailing practice in the occupation
and area of intended employment to
offer housing or a housing allowance to
workers who are recruited from beyond
normal commuting distance.
``(ii) Housing standards.--If the
employer offers housing to such
workers, the housing shall meet (at the
option of the employer) applicable
Federal farm labor housing standards or
applicable local or State standards for
rental, public accommodation, or other
substantially similar class of
habitation.
``(iii) Charges for housing.--An
employer who offers housing to such
workers may charge an amount equal to
the fair market value (but not greater
than the employer's actual cost) for
utilities and maintenance, or such
lesser amount as permitted by law.
``(iv) Housing allowance as
alternative.--In lieu of offering
housing to such workers, at the
employer's sole discretion on an
individual basis, the employer may
provide a reasonable housing allowance.
An employer who offers a housing
allowance to such a worker under this
subparagraph shall not be deemed to be
a housing provider under section 203 of
the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1823)
merely by virtue of providing such
housing allowance.
``(v) Security deposit.--The
requirement, if any, to offer housing
to such a worker under this
subparagraph shall not preclude an
employer from requiring a reasonable
deposit to protect against gross
negligence or willful destruction of
property, as a condition for providing
such housing.
``(vi) Damages.--An employer who
offers housing to such a worker shall
not be precluded from requiring a
worker found to have been responsible
for damage to such housing which is not
the result of normal wear and tear
related to habitation to reimburse the
employer for the reasonable cost of
repair of such damage.
``(C) Transportation.--If the employer
provides transportation arrangements or
assistance to H-2B aliens, the employer must
offer to provide the same transportation
arrangements or assistance (generally
comparable in expense and scope) for other
individuals employed by the employer in the
occupation at the place of employment who were
recruited from beyond normal commuting
distance.
``(D) Workers' compensation.--If the
employment covered by a labor condition
attestation is not covered by the State
workers' compensation law, the employer must
provide, at no cost to the worker, insurance
covering injury and disease arising out of and
in the course of the workers' employment which
will provide benefits at least equal to those
provided under the State workers' compensation
law for comparable employment.
``(E) Required documentation.--
``(i) Housing and transportation.--No
specific documentation is required to
be maintained to evidence compliance
with the requirements of subparagraphs
(B) and (C). In the event of a
complaint alleging a failure to comply
with such a requirement, the burden of
proof shall be on the employer to show
that the employer offered the required
benefit to the complainant, or that the
employer was not required by the terms
of this paragraph to offer such benefit
to the complainant.
``(ii) Workers' compensation.--The
employer shall maintain copies of
certificates of insurance evidencing
compliance with subparagraph (D)
throughout the period of validity of
the labor condition attestation.
``(3) Requirement to employ aliens in temporary or
seasonal agricultural job opportunities.--
``(A) Limitations.--
``(i) In general.--The employer may
employ H-2B aliens only in agricultural
employment which is temporary or
seasonal.
``(ii) Seasonal basis.--For purposes
of this section, labor is performed on
a seasonal basis where, ordinarily, the
employment pertains to or is of the
kind exclusively performed at certain
seasons or periods of the year and
which, from its nature, may not be
continuous or carried on throughout the
year.
``(iii) Temporary basis.--For
purposes of this section, a worker is
employed on a temporary basis where the
employment is intended not to exceed 10
months.
``(B) Required documentation.--No specific
documentation is required to demonstrate
compliance with the requirement of subparagraph
(A). In the event of a complaint, the burden of
proof shall fall on the employer to show that
the employment meets such requirement.
``(4) Requirement not to employ aliens in job
opportunities vacant because of a labor dispute.--
``(A) In general.--No H-2B alien may be
employed in any job opportunity which is vacant
because its former occupant is involved in a
strike, lockout, or work stoppage in the course
of a labor dispute in the occupation at the
place of employment.
``(B) Required documentation.--No specific
documentation is required to demonstrate
compliance with the requirement of subparagraph
(A). In the event of a complaint, the burden of
proof shall fall on the employer to show that
the job opportunity in which the H-2B alien was
employed was not vacant because the former
occupant was on strike, locked out, or
participating in a work stoppage in the course
of a labor dispute in the occupation at the
place of employment.
``(5) Notice of filing of attestation and supporting
documentation.--
``(A) In general.--The employer shall--
``(i) provide notice of the filing of
a labor condition attestation to the
appropriate certified bargaining agent
(if any) which represents workers of
the employer in the occupation (or
occupations) at the place of employment
covered by the attestation; or
``(ii) in the case where no
appropriate bargaining agent exists,
post notice of the filing of such an
attestation in at least two conspicuous
locations where applications for
employment are accepted.
``(B) Period for posting.--The requirement
for a posting under subparagraph (A)(ii) begins
on the day the attestation is filed, and
continues through the period during which the
employer's job order is required to remain
active pursuant to paragraph (6)(A).
``(C) Required documentation.--The employer
shall maintain a copy of the notice provided to
the bargaining agent (if any), together with
evidence that the notice was provided (such as
a signed receipt of evidence of attempt to send
the notice by certified or registered mail). In
the case where no appropriate certified
bargaining agent exists, the employer shall
retain a copy of the posted notice, together
with information as to the dates and locations
where the notice was displayed.
``(6) Requirement to file a job order.--
``(A) Effect of the attestation.--The
employer, or an association acting as agent for
its members, shall file the information
necessary to complete a local job order for
each occupation covered by an accepted labor
condition attestation with the appropriate
local office of the qualified State employment
security agency having jurisdiction over the
area of intended employment, or with the State
office of such an agency if workers will be
employed in an area within the jurisdiction of
more than one local office of such an agency.
The job orders shall remain on file for 25
calendar days or until 5 calendar days before
the anticipated date of need for workers in the
occupation covered by the job order, whichever
occurs later. The job order shall provide at
least the minimum terms and conditions of
employment required for participation in the H-
2B program.
``(B) Deadline for filing.--A job order shall
be filed under subparagraph (A) no later than
the date on which the employer files a petition
with the Attorney General for admission or
extension of stay for aliens to be employed in
the occupation for which the order is filed.
``(C) Required documentation.--The office of
the qualified State employment security agency
which the employer or association provides with
information necessary to file a local job order
shall provide the employer with evidence that
the information was provided in a timely manner
as required by this paragraph, and the employer
or association shall retain such evidence for
each occupation in which H-2B aliens are
employed.
``(7) Requirement to give preference to qualified
united states workers.--
``(A) Filing 30 days or more before date of
need.--If a job order is filed 30 days or more
before the anticipated date of need for workers
in an occupation covered by a labor condition
attestation and for which the job order has
been filed, the employer shall offer to employ
able, willing, and qualified United States
workers who apply to the employer and who will
be available at the time and place needed for
the job opportunities covered by the
attestation until 5 calendar days before the
anticipated date of need for workers in the
occupation, or until the employer's job
opportunities in the occupation are filled with
qualified United States workers, if that occurs
more than 5 days before the anticipated date of
need for workers in the occupation.
``(B) Filling fewer than 30 days before date
of need.--If a job order is filed fewer than 30
days before the anticipated date of need for
workers in an occupation covered by such an
attestation and for which a job order has been
filed, the employer shall offer to employ able,
willing, and qualified United States workers
who are or will be available at the time and
place needed during the first 25 days after the
job order is filed or until the employer's job
opportunities in the occupation are filled with
United States workers, regardless of whether
any of the job opportunities may already be
occupied by H-2B aliens.
``(C) Filing vacancies.--An employer may fill
a job opportunity in an occupation covered by
an accepted attestation which remains or
becomes vacant after expiration of the required
preference period specified in subparagraph (A)
or (B) of paragraph (6) without regard to such
preference.
``(D) Job-related requirements.--No employer
shall be required to initially employ a worker
who fails to meet lawful job-related employment
criteria, nor to continue the employment of a
worker who fails to meet lawful job-related
standards of conduct and performance, including
failure to meet minimum productivity standards
after a 3-day break-in period.
``(E) Required documentation.--No specific
documentation is required to demonstrate
compliance with the requirements of this
paragraph. In the event of a complaint, the
burden of proof shall be on the complainant to
show that the complainant applied for the job
and was available at the time and place needed.
If the complainant makes such a showing, the
burden of proof shall be on the employer to
show that the complainant was not qualified or
that the preference period had expired.
``(8) Requirements of notice of certain breaks in
employment.--
``(A) In general.--The employer (or an
association in relation to an H-2B alien) shall
notify the Service within 7 days if an H-2B
alien prematurely abandons the alien's
employment.
``(B) Out-of-status.--An H-2B alien who
abandons the alien's employment shall be
considered to have failed to maintain
nonimmigrant status as an alien described in
section 101(a)(15)(H)(ii)(b) and shall leave
the United States or be subject to deportation
under section 241(a)(1)(C)(i).
``(d) Acceptance by Qualified State Employment Security
Agency.--The qualified State employment security agency shall
review labor condition attestations submitted by employers or
associations only for completeness and obvious inaccuracies.
Unless such an agency finds that the application is incomplete
or obviously inaccurate, the agency shall accept the
attestation within 7 days of the date of filing of the
attestation, and return a copy to the applicant marked
`accepted'.
``(e) Public Registry.--The Secretary shall maintain a
registry of all accepted labor condition attestations and make
such registry available for public inspection.
``(f) Responsibilities of the Qualified State Employment
Security Agencies.--
``(1) Dissemination of labor market information.--The
Secretary shall direct qualified State employment
security agencies to disseminate nonemployer-specific
information about potential labor needs based on
accepted attestations filed by employers. Such
dissemination shall be separate from the clearance of
job orders through the Interstate and Intrastate
Clearance Systems, and shall create no obligations for
employers except as provided in this section.
``(2) Referral of workers on qualified state
employment security agency job orders.--Such agencies
holding job orders filed by employers covered by
approved labor condition attestations shall be
authorized to refer any able, willing, and qualified
eligible job applicant who will be available at the
time and place needed and who is authorized to work in
the united States, including H-2B aliens who are
seeking additional work in the United States and whose
eligibility to remain in the United States pursuant to
subsection (h) has not expired, on job orders filed by
holders of accepted attestations.
``(g) Enforcement and Penalties.--
``(1) Enforcement authority.--
``(A) Investigation of complaints.--The
Secretary shall establish a process for the
receipt, investigation, and disposition of
complaints respecting an employer's failure to
meet a condition specified in subsection (a) or
an employer's misrepresentation of material
facts in such an application. Complaints may be
filed by any aggrieved person or organizations
(including bargaining representatives). 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 subparagraph if there
is reasonable cause to believe that such a
failure or misrepresentation has occurred.
``(B) Written notice of findings and
opportunity for appeal.--After an investigation
has been conducted, the Secretary shall issue a
written determination as to whether or not any
violation described in paragraph (2) has been
committed. The Secretary's determination shall
be served on the complainant and the employer,
and shall provide an opportunity for an appeal
of the Secretary's decision to an
administrative law judge, who may conduct a de
novo hearing.
``(2) Remedies.--
``(A) Back wages.--Upon a final determination
that the employer has failed to pay wages as
required under this section, the Secretary may
assess payment of back wages due to any United
States worker or H-2B alien employed by the
employer in the specific employment in
question. The back wages shall be equal to the
difference between the amount that should have
been paid and the amount that actually was paid
to such worker.
``(B) Failure to pay wages.--Upon a final
determination that the employer has failed to
pay the wages required under this section, the
Secretary may assess a civil money penalty up
to $1,000 for each failure, and may recommend
to the Attorney General the disqualification of
the employer from the employment of H-2B aliens
for a period of time determined by the
Secretary not to exceed 1 year.
``(C) Other violations.--If the Secretary, as
a result of an investigation pursuant to a
complaint, determines that an employer covered
by an accepted labor condition attestation
has--
``(i) filed an attestation which
misrepresents a material fact; or
``(ii) failed to meet a condition
specified in subsection (a),
the Secretary may assess a civil money penalty
not to exceed $1,000 for each violation. In
determining the amount of civil money penalty
to be assessed, the Secretary shall consider
the seriousness of the violation, the good
faith of the employer, the size of the business
of the employer being charged, the history of
previous violations by the employer, whether
the employer obtained a financial gain from the
violation, whether the violation was willful,
and other relevant factors.
``(D) Program disqualification.--
``(i) 3-years for second violation.--
Upon a second final determination that
an employer has failed to pay the wages
required under this section, the
Secretary shall report such
determination to the Attorney General
and the Attorney General shall
disqualify the employer from the
employment of H-2B aliens for a period
of 3 years.
``(ii) Permanent for third
violation.--Upon a third final
determination that an employer has
failed to pay the wages required under
this section, the Secretary shall
report such determination to the
Attorney General and the Attorney
General shall disqualify the employer
from any subsequent employment of H-2B
aliens.
``(3) Role of associations.--
``(A) Violation by a member of an
association.--An employer on whose behalf a
labor condition attestation is filed by an
association acting as its agent is fully
responsible for such attestation, and for
complying with the terms and conditions of this
section, as though the employer had filed the
attestation itself. If such an employer is
determined to have violated a requirement of
this section, the penalty for such violation
shall be assessed against the employer who
committed the violation and not against the
association or other members of the
association.
``(B) Violation by an association acting as
an employer.--If an association filing a labor
condition attestation on its own behalf as an
employer is determined to have committed a
violation under this subsection which results
in disqualification from the program under
paragraph (2)(D), no individual member of such
association may be the beneficiary of the
services of an H-2B alien in an occupation in
which such alien was employed by the
association during the period such
disqualification is in effect, unless such
member files a labor condition attestation as
an individual employer or such an attestation
is filed on the employer's behalf by an
association with which the employer has an
agreement that the employer will comply with
the requirements of this section.
``(h) Procedure for Admission or Extension of H-2B Aliens.--
``(1) Aliens who are outside the united states.--
``(A) Petitioning for admission.--An employer
or an association acting as agent for its
members who seeks the admission into the United
States of H-2B aliens may file a petition with
the District Director of the Service having
jurisdiction over the location where the aliens
will be employed. The petition shall be
accompanied by an accepted and currently valid
labor condition attestation covering the
petitioner. The petition may be for named or
unnamed individual or multiple beneficiaries.
``(B) Expedited adjudication by district
director.--If an employer's petition for
admission of H-2B aliens is correctly filled
out, and the employer is not ineligible to
employ H-2B aliens, the District Director (or
the Director's designee) shall approve the
petition within 3 working days of receipt of
the petition and accepted labor condition
attestation and immediately (by fax, cable, or
other means assuring expedited delivery)
transmit a copy of the approved petition to the
petitioner and to the appropriate immigration
officer at the port of entry or United States
consulate (as the case may be) where the
petitioner has indicated that the alien
beneficiary (or beneficiaries) will apply for a
visa or admission to the United States.
``(C) Unnamed beneficiaries selected by
petitioner.--The petitioning employer or
association or its representative shall approve
the issuance of visas to beneficiaries who are
unnamed on a petition for admission granted to
the employer or association.
``(D) Criteria for admissibility.--
``(i) In general.--An alien shall be
admissible under this section if the
alien is otherwise admissible under
this Act and the alien is not debarred
pursuant to the provisions of clause
(ii).
``(ii) Disqualification.--An alien
shall be debarred from admission or
being provided status as an H-2B alien
under this section if the alien has, at
any time--
``(I) violated a material
provision of this section,
including the requirement to
promptly depart the United
States when the alien's
authorized period of admission
under this section has expired;
or
``(II) has otherwise
violated a term or condition of
admission to the United States
as a nonimmigrant, including
overstaying the period of
authorized admission as such a
nonimmigrant.
``(E) Period of admission.--The alien shall
be admitted for the period requested by the
petitioner not to exceed 10 months, or the
remaining validity period of the petitioner's
approved labor condition attestation, whichever
is shorter, plus an additional period of 14
days, during which the alien shall seek
authorized employment in the United States.
During the 14-day period following the
expiration of the alien's work authorization,
the alien is not authorized to be employed
unless the original petitioner or a subsequent
petitioner has filed an extension of stay on
behalf of the alien.
``(F) Issuance of identification and
employment eligibility document.--
``(i) In general.--The Attorney
General shall cause to be issued to
each H-2B alien a card in a form which
is resistant to counterfeiting and
tampering for the purpose of providing
proof of identity and employment
eligibility under section 274A.
``(ii) Design of card.--Each card
issued pursuant to clause (i) shall be
designed in such a manner and contain a
photograph and other identifying
information (such as date of birth,
sex, and distinguishing marks) that
would allow an employer to determine
with reasonable certainty that the
bearer is not claiming the identity of
another individual, and shall--
``(I) contain a fingerprint
or other biometric identifying
data (or both);
``(II) specify the date of
the aliens authorization as an
H-2B alien;
``(III) specify the
expiration date of the alien's
work authorization; and
``(IV) specify the alien's
admission number or alien file
number.
``(2) Extension of stay.--
``(A) Application for extension of stay.--If
a petitioner seeks to employ a H-2B alien
already in the United States, the petitioner
shall file an application for an extension of
stay. The application for extension of stay
shall be accompanied by a currently valid labor
condition attestation.
``(B) Limitation on filing an application for
extension of stay.--An application may not be
filed for an extension of an alien's stay for a
period of more than 10 months, or later than a
date which is 2 years from the date of the
alien's last admission to the United States as
a H-2B alien, whichever occurs first. An
application for extension of stay may not be
filed during the pendency of an alien's
previous authorized period of admission, nor
after the alien's authorized stay in the United
States has expired.
``(C) Work authorization upon filing an
application for extension of stay.--An employer
may begin employing an alien already in the
United States in H-2B status on the day the
employer files its application for extension of
stay with the Service. For the purpose of this
requirement, the term `filing' means sending
the application by certified mail via the
United States Postal Service, return receipt
requested, or delivered by guaranteed
commercial delivery which will provide the
employer with a documented acknowledgment of
receipt of the application. The employer shall
provide a copy of the employer's application
for extension of stay to the alien, who shall
keep the application with the alien's
identification and employment eligibility card
as evidence that the extension has been filed
and that the alien is authorized to work in the
United States. Upon approval of an application
for extension of stay, the Service shall
provide a new employment document to the alien
indicating a new validity date, after which the
alien is not required to retain a copy of the
application for extension of stay.
``(D) Limitation on employment authorization
of h-2b aliens without valid identification and
employment eligibility card.--An expired
identification and employment eligibility card,
together with a copy of an application for
extension of stay, shall constitute a valid
work authorization document for a period of not
more than 60 days from the date of application
for the extension of stay, after which time
only a currently valid identification and
employment eligibility card shall be
acceptable.
``(3) Limitation on an individual's stay in h-2b
status.--An alien having status as an H-2B alien may
not have the status extended for a continuous period
longer than 2 years unless the alien remains outside
the United States for an uninterrupted period of 6
months. An absence from the United States may break the
continuity of the period for which an H-2B visa is
valid. If the alien has resided in the United States 10
months or less, an absence breaks the continuity of the
period if it lasts for at least 2 months. If the alien
has resided in the United States 10 months or more, an
absence breaks the continuity of the period if it lasts
for at least one-fifth the duration of the stay.
``(i) Trust fund to assure worker return.--
``(1) Establishment.--There is established in the
Treasury of the United States a trust fund (in this
section referred to as the `Trust Fund') for the
purpose of providing a monetary incentive for H-2B
aliens to return to their country of origin upon
expiration of their visas under this section.
``(2) Withholding of wages; payment into the trust
fund.--
``(A) In general.--Employers of H-2B aliens
shall--
``(i) withhold from the wages of
their H-2B alien workers an amount
equivalent to 25 percent of the wages
of each H-2B alien worker and pay such
withheld amount into the Trust Fund in
accordance paragraph (3); and
``(ii) pay to the Trust Fund an
amount equivalent to the Federal tax on
the wages paid to H-2B aliens that the
employer would be obligated to pay
under the Federal Unemployment Tax Act
and the Federal Insurance Contributions
Act.
Amounts withheld under clause (i) shall be
maintained in such interest bearing account
with such a financial institution as the
Attorney General shall specify.
``(3) Distribution of funds.--The amounts paid into
the Trust Fund and held pursuant to paragraph
(2)(A)(i), and interest earned thereon, shall be paid
by the Attorney General as follows:
``(A) Reimbursement of emergency medical
expenses.--To reimburse valid claims for
reimbursement of emergency medical services
furnished to H-2B aliens, to the extent that
sufficient funds are not available on an annual
basis from the Trust Fund pursuant to
paragraphs (2)(A)(ii) and (4)(B).
``(B) Payments to workers.--Amounts paid into
the Trust Fund on behalf of a worker, and
interest earned thereon, less a pro rata
reduction for any payments made pursuant to
subparagraph (A), shall be paid by the Attorney
General to the worker if--
``(i) the worker applies to the
Attorney General (or the designee of
the Attorney General) for payment
within 30 days of the expiration of the
alien's last authorized stay in the
United States as a H-2B alien;
``(ii) in such application the worker
establishes that the worker has
complied with the terms and conditions
of this section; and
``(iii) in connection with the
application, the worker tenders the
identification and employment
authorization card issued to the worker
pursuant to subsection (h)(1)(F) and
establishes that the worker is
identified as the person to whom the
card was issued based on the biometric
identification information contained on
the card.
``(4) Administrative expenses and emergency medical
expenses.--The amounts paid into the Trust Fund and
held pursuant to paragraph (2)(A)(ii), and interest
earned thereon, shall be paid by the Attorney General
as follows:
``(A) Administrative expenses.--First, to the
Attorney General, the Secretary of Labor, and
the Secretary of State in amounts equivalent to
the expenses incurred by such officials in the
administration of section 101(a)(15)(H)(ii)(b)
and this section.
``(B) Reimbursement of emergency medical
services.--Any remaining amounts shall be
available on an annual basis to reimburse
hospitals for emergency medical services
furnished to H-2B aliens as provided in
subsection (k)(2).
``(5) Regulations.--The Attorney General shall
prescribe regulations to carry out this subsection.
``(j) Investment of Trust Fund.--
``(1) In general.--It shall be the duty of the
Secretary of the Treasury to invest such portion of the
Trust Fund as is not, in the Secretary's judgement,
required to meet current withdrawals. Such investments
may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both
principal and interest by the United States. For such
purpose, such obligations may be acquired--
``(A) on original issue at the price; or
``(B) by purchase of outstanding obligations
at the market price.
The purposes for which obligations of the United States
may be issued under chapter 31 of title 31, United
States Code, are hereby extended to authorize the
issuance at par of special obligations exclusively to
the Trust Fund. Such special obligations shall bear
interest at a rate equal to the average rate of
interest, computed as to the end of the calendar month
next preceding the date of such issue, borne by all
marketable interest-bearing obligations of the United
States then forming a part of the public debt, except
that where such average rate is not a multiple of one-
eighth of 1 percent next lower than such average rate.
Such special obligations shall be issued only if the
Secretary of the Treasury determines that the purchase
of other interest-bearing obligations of the United
States, or of obligations guaranteed as to both
principal and interest by the United States on original
issue or at the market price, is not in the public
interest.
``(2) Sale of obligation.--Any obligation acquired by
the Trust Fund (except special obligations issued
exclusively to the Trust Fund) may be sold by the
Secretary of the Treasury at the market price, and such
special obligations may be redeemed at par plus accrued
interest.
``(3) Credits to trust fund.--The interest on, and
the proceeds from the sale or redemption of, any
obligations held in the Trust Fund shall be credited to
and form a part of the Trust Fund.
``(4) Report to congress.--It shall be the duty of
the Secretary of the Treasury to hold the Trust Fund,
and (after consultation with the Attorney General) to
report to the Congress each year on the financial
condition and the results of the operations of the
Trust Fund during the preceding fiscal year and on its
expected condition and operations during the next
fiscal year. Such report shall be printed as both a
House and a Senate document of the session of the
Congress to which the report is made.
``(k) Reimbursement of Cost of Emergency Medical Services.--
``(1) In general.--The Attorney General shall
establish procedures for reimbursement of hospitals
operated by a State or by a unit of local government
(or corporation owned or controlled by the State or
unit) for the reasonable cost of providing emergency
medical services (as defined by the Attorney General in
consultation with the Secretary of Health and Human
Services) in the United States to H-2B aliens for which
payment has not been otherwise reimbursed.
``(2) Source of funds for reimbursement.--Funds for
reimbursement of hospitals pursuant to paragraph (1)
shall be drawn--
``(A) first under subsection (i)(4)(B), from
amounts deposited in the Trust Fund under
subsection (i)(2)(A)(ii) after reimbursement of
certain administrative expenses; and
``(B) then under subsection (i)(3)(A), to the
extent that funds described in subparagraph (A)
are insufficient to meet valid claims, from
amounts deposited in the Trust Fund under
subsection (i)(2)(A)(i).
``(l) Miscellaneous Provisions.--
``(1) Applicability of labor laws.--Except as
provided in paragraphs (2), (3), and (4), all Federal,
State, and local labor laws (including laws affecting
migrant farm workers) applicable to United States
workers shall also apply to H-2B aliens.
``(2) Limitation of written disclosure imposed upon
recruiters.--Any disclosure required of recruiters
under section of 201(a) of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1821(a))
need not be given to H-2B aliens prior to the time
their visa is issued permitted entry into the United
States.
``(3) Exemption from fica and futa taxes.--The wages
paid to H-2B aliens shall be excluded from wages
subject to taxation under the Federal Unemployment Tax
Act and under the Federal Insurance Contributions Act.
``(4) Ineligibility for certain public benefits
programs.--
``(A) In general.--Notwithstanding any other
provision of law and except as provided in
subparagraph (B), any alien provided status as
an H-2B alien shall not be eligible for any
Federal or State or local means-tested public
benefit program.
``(B) Exceptions.--Subparagraph (A) shall not
apply to the following:
``(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 disaster
relief.--The provision of non-cash, in-
kind, short-term emergency disaster
relief.
``(m) Consultation on Regulations.--
``(1) Regulations of the secretary.--The Secretary
shall consult with the Secretary of Agriculture, and
the Attorney General shall approve, all regulations
dealing with the approval of labor condition
attestations for H-2B aliens or enforcement of the
requirements for employing H-2B aliens under an
approved attestation.
``(2) Regulations of the attorney general.--The
Attorney General shall consult with the Secretary of
Agriculture on all regulations dealing with the
approval of petitions for admission or extension of
stay of H-2B aliens or the requirements for employing
H-2B aliens or the enforcement of such requirements.
``(n) Definitions.--For the purpose of this section:
``(1) Agricultural association.--The term
`agricultural association' means any nonprofit or
cooperative association of farmers, growers, or
ranchers incorporated or qualified under applicable
State law, which recruits, solicits, hires, employs,
furnishes, or transports any agricultural workers.
``(2) Agricultural employment.--The term
`agricultural employment' means any service or activity
included within the provisions of section 3(f) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)) or
section 3121(g) of the Internal Revenue Code of 1986
and the handling, planting, drying, packing, packaging,
processing, freezing, or grading prior to delivery for
storage of any agricultural or horticultural commodity
in its unmanufactured state.
``(3) Employer.--The term `employer' means any person
or entity, including any independent contractor and any
agricultural association, that employs workers.
``(4) H-2B alien.--The term `H-2B alien' means an
alien admitted to the United States or provided status
as a nonimmigrant under section 101(a)(15)(H)(ii)(b).
``(5) Qualified state employment security agency.--
The term `qualified State employment security agency'
means a State employment security agency in a State in
which the Secretary has determined that the State
operates a job service that actively seeks to match
agricultural workers with jobs and participates in a
multi-State job service program in States where
significant supplies of farm labor exist.
``(6) Secretary.--The term `Secretary' means the
Secretary of Labor.
``(7) United states worker.--The term `United States
worker' means any worker, whether a United States
citizen, a United States national, or an alien, who is
legally permitted to work in the job opportunity within
the United States other than aliens admitted pursuant
to this section.''
(b) Clerical Amendment.--The table of contents is amended by
inserting after the item relating to section 218 the following
new item:
``Sec. 218A. Alternative agricultural worker program.''.
At the end of section 308(g)(10), add the following:
(J)(i) Section 214(l)(2), as added by section
822(c), is amended by striking ``241(a)(1)(C)''
and inserting ``237(a)(1)(C)''.
(ii) Section 218A(c)(8)(B), as inserted by
section 823(a), is amended by striking
``deportation under section 241(a)(1)(C)(i)''
and inserting ``removal under section
237(a)(1)(C)(i)''.
----------
23. An Amendment To Be Offered by Representative Condit of California,
or a Designee, to the Amendment Offered by Representative Pombo of
California, or His Designee, Debatable for 10 Minutes
In section 823(a), in the section 218A(a)(3)(B) of the
Immigration and Nationality Act inserted by such section, add
at the end the following:
``(iii) Consequences of permanent
extension.--If the Congress makes the
program under this section permanent,
Congress shall provide for a two-year
phase out of admissions (and
adjustments of status) of nonimmigrants
under section 101(a)(15)(H)(ii)(a). In
the case of such a phase out, the
Attorney General and the Secretary of
Labor shall provide for the application
under this section of special
procedures (in the case of occupations
characterized by other than a
reasonably regular workday or workweek)
in the same manner as special
procedures are provided for under
regulations in such a case for the
nonimmigrant workers under section
101(a)(15)(H)(ii)(a).
----------
24. An Amendment To Be Offered by Representative Goodlatte of Virginia,
or a Designee, Debatable for 30 Minutes
After section 810, insert the following new section (and
conform the table of contents accordingly):
SEC. 811. CHANGES IN THE H-2A PROGRAM.
(a) Placing Responsibility for Certification Within the
INS.--Section 218 (8 U.S.C. 1188) is amended--
(1) by striking ``Secretary of Labor'' and
``Secretary'' each place either appears (other than in
subsections (b)(2)(A), (c)(4), and (g)(2)) and
inserting ``Attorney General''; and
(2) by amending paragraph (3) of subsection (g) to
read as follows:
``(3) There are authorized to be appropriated for each fiscal
year such sums as may be necessary for the purpose of enabling
the Attorney General and the Secretary of Labor to make
determinations and certifications under this section and of
enabling the Secretary of Labor to make determinations and
certifications under section 212(a)(5)(A)(i).''.
(b) Reduction in Time Required for Positive Recruitment.--
Section 218 (8 U.S.C. 1188) is amended--
(1) in subsection (b)(4), by adding at the end the
following: ``The employer shall not be required to
engage in positive recruitment for more than 20
days.'', and
(2) in subsection (c)(1), by striking ``60 days'' and
inserting ``40 days''.
(c) Elimination of 50 Percent Rule.--Section 218(c)(3) (8
U.S.C. 1188(c)(3)) is amended by amending subparagraph (B) to
read as follows:
``(B) An employer is not required, in order for its
labor certification to remain effective, to provide
employment to United States workers who apply for
employment after the end of the required period of
positive recruitment.''.
(d) Permitting Housing Allowance.--Section 218(c)(4) (8
U.S.C. 1188(c)(4)) is amended by inserting ``(A)'' after ``.--
'' and by adding at the end the following:
``(B) In lieu of offering housing under subparagraph
(A), an employer may provide a reasonable housing
allowance, but only if housing is reasonably available
in the area of employment.''.
(e) Modified \3/4\ Rule.--Section 218(c)(3) (8 U.S.C.
1188(c)(3)) is amended by adding at the end the following new
subparagraph:
``(C) An employer, in order for its labor
certification to remain effective, shall guarantee to
offer an H-2A worker at least 8 hours of employment in
each of at least \3/4\ of the workdays in which the
task (or tasks) for which the H-2A worker was hired to
perform are being performed. The employer is not
required to guarantee to offer an H-2A worker
employment in any portion of the total periods during
which the work contract and all extensions thereof are
in effect.
(f) Cap.--Section 214(g)(1) (8 U.S.C. 1184(g)(1)) is
amended--
(1) by striking ``or'' at the end of subparagraph
(A),
(2) by redesignating subparagraph (B) as subparagraph
(C), and
(3) by inserting after subparagraph (A) the following
new subparagraph:
``(B) under section 101(a)(15)(H)(ii)(a) may not
exceed 150,000, or''.
(g) Effective Date.--The amendments made by this section
shall apply to applications for certification filed on or after
October 1, 1996, and to fiscal years beginning on or after such
date.
----------
25. An Amendment To Be Offered by Representative Lipinski of Illinois,
or a Designee, Debatable for 10 Minutes
At the end of subtitle B of title VIII insert the following
new section:
SEC. 837. ADJUSTMENT OF STATUS FOR CERTAIN POLISH AND HUNGARIAN
PAROLEES.
(a) In General.--The Attorney General shall adjust the status
of an alien described in subsection (b) to that of an alien
lawfully admitted for permanent residence if the alien--
(1) applies for such adjustment,
(2) has been physically present in the United States
for at least 1 year and is physically present in the
United States on the date the application for such
adjustment is filed,
(3) is admissible to the United States as an
immigrant, except as provided in subsection (c), and
(4) pays a fee (determined by the Attorney General)
for the processing of such application.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided in subsection (a) shall only apply to an alien who--
(1) was a national of Poland or Hungary, and
(2) was inspected and granted parole into the United
States during the period beginning on November 1, 1989,
and ending on December 31, 1991, after being denied
refugee status.
(c) Waiver of Certain Grounds for Inadmissibility.--The
provisions of paragraphs (4), (5), and (7)(A) of section 212(a)
of the Immigration and Nationality Act shall not apply to
adjustment of status under this section and the Attorney
General may waive any other provision of such section (other
than paragraph (2)(C) and subparagraphs (A), (B), (C), or (E)
of paragraph (3)) with respect to such an adjustment for
humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest.
(d) Date of Approval.--Upon the approval of such an
application for adjustment of status, the Attorney General
shall create a record of the alien's admission as a lawful
permanent resident as of the date of the alien's inspection and
parole described in subsection (b)(2).
(e) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for
permanent residence under this section, the Secretary of State
shall not be required to reduce the number of immigrant visas
authorized to be issued under the Immigration and Nationality
Act.
----------
26. An Amendment To Be Offered by Representative Farr of California, or
a Designee, Debatable for 10 Minutes
At the end of subtitle B of title VIII insert the following
new section:
SEC. 837. SUPPORT OF DEMONSTRATION PROJECTS.
(a) In General.--The Attorney General shall make available
funds under this section, in each of 5 consecutive years
(beginning with 1996), to the Immigration and Naturalization
Service or to other public or private nonprofit entities to
support demonstration projects under this section at 10 sites
throughout the United States. Each such project shall be
designed to provide for the administration of the oath of
allegiance (under section 337(a) of the Immigration and
Nationality Act) on a business day around the 4th of July for
approximately 500 people whose application for naturalization
has been approved. Each project shall provide for appropriate
outreach and ceremonial and celebratory activities.
(b) Selection of Sites.--The Attorney General shall, in the
Attorney General's discretion, select diverse locations for
sites on the basis of the number of naturalization applicants
living in proximity to each site and on the degree of local
community participation and support in the project to be held
at the site. Not more than 2 sites may be located in the same
State. The Attorney General should consider changing the sites
selected from year to year.
(c) Amounts Available; Use of Funds.--
(1) Amount.--The amount that may be made available
under this section with respect to any single site for
a site for a year shall not exceed $5,000.
(2) Use.--Funds provided under this section may only
be used to cover expenses incurred carrying out
symbolic swearing-in ceremonies at the demonstration
sites, including expenses for--
(A) cost of personnel of the Immigration and
Naturalization Service (including travel and
overtime expenses),
(B) local outreach,
(C) rental of space, and
(D) costs of printing appropriate brochures
and other information about the ceremonies.
(3) Availability of funds.--Funds that are otherwise
available to the Immigration and Naturalization Service
to carry out naturalization activities (including funds
in the Immigration Examinations Fee Account, under
section 286(n) of the Immigration and Nationality Act)
shall be available under this section.
(d) Application.--In the case of an entity other than the
Immigration and Naturalization Service seeking to conduct a
demonstration project under this section, no amounts may be
made available to the entity under this section unless an
appropriate application has been made to, and approved by, the
Attorney General, in a form and manner specified by the
Attorney General.
(e) State Defined.--In this section, the term ``State'' has
the meaning given such term in section 101(a)(36) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(36)).
----------
27. An Amendment To Be Offered by Representative Traficant of Ohio, or
a Designee, Debatable for 10 Minutes
After section 836, insert the following new section (and
conform the table of contents accordingly):
SEC. 837. SENSE OF CONGRESS; REQUIREMENTS REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--It is
the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds
made available under this Act should be American-made.
(b) Notice to Recipients of Grants.--In providing grants
under this Act, the Attorney General, to the greatest extent
practicable, shall provide to each recipient of a grant a
notice describing the statement made in subsection (a) by the
Congress.
----------
28. An Amendment To Be Offered by Representative Burr of North
Carolina, or a Designee, Debatable for 10 Minutes
At the end of subtitle B of title VIII insert the following
new section:
SEC. 837. EXTENSION OF H-1A VISA PROGRAM FOR NONIMMIGRANT NURSES.
Effective as if included in the enactment of the Immigration
Nursing Relief Act of 1989 (Public Law 101-238), section 3(d)
of such Act (103 Stat. 2103) is amended--
(1) by striking ``To 5-Year Period'',
(2) by striking ``5-year'', and
(3) by inserting ``and ending at the end of the 6-
month period beginning on the date of the enactment of
the Immigration in the National Interest Act of 1995''
after ``Act''.
----------
29. An Amendment To Be Offered by Representative Vento of Minnesota, or
a Designee, Debatable for 10 Minutes
At the end of subtitle B of title VIII add the following new
section:
SEC. 837. TREATMENT OF CERTAIN ALIENS WHO SERVED WITH SPECIAL GUERRILLA
UNITS IN LAOS.
(a) Waiver of English Language Requirement for Certain Aliens
who Served With Special Guerrilla Units in Laos.--The
requirement of paragraph (1) of section 312(a) of the
Immigration and Nationality Act (8 U.S.C. 1423(a)) shall not
apply to the naturalization of any person who--
(1) served with a special guerrilla unit operating
from a base in Laos in support of the United States at
any time during the period beginning February 28, 1961,
and ending September 18, 1978, or
(2) is the spouse or widow of a person described in
paragraph (1).
(b) Naturalization Through Service in a Special Guerrilla
Unit in Laos.--
(1) In general.--The first sentence of subsection (a)
and subsection (b) (other than paragraph (3)) of
section 329 of the Immigration and Nationality Act (8
U.S.C. 1440) shall apply to an alien who served with a
special guerrilla unit operating from a base in Laos in
support of the United States at any time during the
period beginning February 28, 1961, and ending
September 18, 1978, in the same manner as they apply to
an alien who has served honorably in an active-duty
status in the military forces of the United States
during the period of the Vietnam hostilities.
(2) Proof.--The Immigration and Naturalization
Service shall verify an alien's service with a
guerrilla unit described in paragraph (1) through--
(A) review of refugee processing
documentation for the alien,
(B) the affidavit of the alien's superior
officer,
(C) original documents,
(D) two affidavits from persons who were also
serving with such a special guerrilla unit and
who personally knew of the alien's service, or
(E) other appropriate proof.
The Service shall liberally construe the provisions of this
subsection to take into account the difficulties inherent in
proving service in such a guerrilla unit.
----------
30. An Amendment To Be Offered by Representative Waldholtz of Utah, or
a Designee, Debatable for 10 Minutes
After section 836, insert the following:
SEC. 837. SENSE OF THE CONGRESS REGARDING THE MISSION OF THE
IMMIGRATION AND NATURALIZATION SERVICE.
It is the sense of the Congress that the mission statement of
the Immigration and Naturalization Service of the Department of
Justice should include that it is the responsibility of the
Service to detect, apprehend, and remove those noncitizens
whose entry was illegal, whether undocumented or fraudulent,
and those found to have violated the conditions of their stay,
particularly those involved in drug trafficking or other
criminal activity.
----------
31. An Amendment To Be Offered by Representative Kleczka of Wisconsin,
or a Designee, Debatable for 10 Minutes
At the end of subtitle B of title VIII insert the following
new section:
SEC. 837. AUTHORIZATION OF REIMBURSEMENT OF CERTAIN POLISH APPLICANTS
FOR THE 1995 DIVERSITY IMMIGRANT PROGRAM.
(a) In General.--After the date of enactment of this Act, the
Secretary of State, in consultation with the Commissioner of
the Immigration and Naturalization Service, shall establish a
process to provide for the reimbursement of all fees to each
national of Poland (other than a national illegally residing in
the United States) who was an applicant for the diversity
immigrant program for 1995 under section 203(c) of the
Immigration and Nationality Act who did not receive such a
visa.
(b) Funding.--The Secretary of State shall use such funds as
may be available at the discretion of the Secretary to carry
out the purpose of this section.
(c) Review.--The Secretary of State shall review the
procedures of the Department of State regarding the
administration of the diversity immigrant program to ensure
that the erroneous notification which occurred with respect to
the 1995 diversity immigrant program for Polish residents does
not recur.
----------
32. An Amendment To Be Offered by Representative Dreier of California,
or a Designee, Debatable for 10 Minutes
After section 836, insert the following:
SEC. 837. SENSE OF THE CONGRESS WITH RESPECT TO STATE CRIMINAL ALIEN
ASSISTANCE PROGRAM.
(a) Findings.--The Congress finds as follows:
(1) Of the $130,000,000 appropriated in fiscal year
1995 for the State Criminal Alien Assistance Program
(SCAAP), the Department of Justice disbursed the first
$43,000,000 to States on October 6, 1994, 32 days
before the 1994 general election, and then failed to
disburse the remaining $87,000,000 until January 31,
1996, 123 days after the end of fiscal year 1995.
(2) While H.R. 2880, the continuing appropriation
measure funding certain operations of the Federal
Government from January 26, 1996 to March 15, 1996,
included $66,000,000 to reimburse States for the cost
of incarcerating documented illegal immigrant felons,
the Department of Justice failed to disburse any of the
funds to the States during the period of the continuing
appropriation.
(b) Sense of the Congress.--It is the sense of the Congress
that--
(1) the Department of Justice was disturbingly slow
in disbursing fiscal year 1995 funds under the State
Criminal Alien Assistance Program to States after the
initial grants were released just prior to the 1994
election; and
(2) the Attorney General should make it a high
priority to expedite the disbursement of Federal funds
intended to reimburse States for the cost of
incarcerating illegal immigrants, aiming for all State
Criminal Alien Assistance Program funds to be disbursed
during the fiscal year for which they are appropriated.