[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.

                                
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