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104th Congress                                                   Report


                        HOUSE OF REPRESENTATIVES





 2d Session                                                     104-828


_______________________________________________________________________








 


  ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF
1996





                                _______


                                





               September 24, 1996.--Ordered to be printed





_______________________________________________________________________








  Mr. Hyde, from the committee of conference, submitted the following





                           CONFERENCE REPORT





                        [To accompany H.R. 2202]





      The committee of conference on the disagreeing votes of 


the two Houses on the amendment of the Senate to the bill (H.R. 


2202) to amend the Immigration and Nationality Act to improve 


deterrence of illegal immigration to the United States by 


increasing border patrol and investigative personnel, by 


increasing penalties for alien smuggling and for document 


fraud, by reforming exclusion and deportation law and 


procedures, by improving the verification system for the 


eligibility for employment, and through other measures, to 


reform the legal immigration system and facilitate legal 


entries into the United States, and for other purposes, having 


met, after full and free conference, have agreed to recommend 


and do recommend to their respective Houses as follows:


      That the House recede from its disagreement to the 


amendment of the Senate and agree to the same with an amendment 


as follows:


      In lieu of the matter proposed to be inserted by the 


Senate amendment, insert the following:





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





    (a) Short Title.--This Act may be cited as the ``Illegal 


Immigration Reform and Immigrant Responsibility Act of 1996''.


    (b) Amendments to Immigration and Nationality Act.--Except 


as otherwise specifically provided--


            (1) whenever in this Act an amendment or repeal is 


        expressed as the amendment or repeal of a section or 


        other provision, the reference shall be considered to 


        be made to that section or provision in the Immigration 


        and Nationality Act; and


            (2) amendments to a section or other provision are 


        to such section or other provision before any amendment 


        made to such section or other provision elsewhere in 


        this Act.


    (c) Application of Certain Definitions.--Except as 


otherwise specifically provided in this Act, for purposes of 


titles I and VI of this Act, the terms ``alien'', ``Attorney 


General'', ``border crossing identification card'', ``entry'', 


``immigrant'', ``immigrant visa'', ``lawfully admitted for 


permanent residence'', ``national'', ``naturalization'', 


``refugee'', ``State'', and ``United States'' shall have the 


meaning given such terms in section 101(a) of the Immigration 


and Nationality Act.


    (d) Table of Contents.--The table of contents for this Act 


is as follows:





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


          application of definitions of such Act; table of contents.





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


                        AND INTERIOR ENFORCEMENT





             Subtitle A--Improved Enforcement at the Border





Sec. 101. Border patrol agents and support personnel.


Sec. 102. Improvement of barriers at border.


Sec. 103. Improved border equipment and technology.


Sec. 104. Improvement in border crossing identification card.


Sec. 105. Civil penalties for illegal entry.


Sec. 106. Hiring and training standards.


Sec. 107. Report on border strategy.


Sec. 108. Criminal penalties for high speed flights from immigration 


          checkpoints.


Sec. 109. Joint study of automated data collection.


Sec. 110. Automated entry-exit control system.


Sec. 111. Submission of final plan on realignment of border patrol 


          positions from interior stations.


Sec. 112. Nationwide fingerprinting of apprehended aliens.





                 Subtitle B--Facilitation of Legal Entry





Sec. 121. Land border inspectors.


Sec. 122. Land border inspection and automated permit pilot projects.


Sec. 123. Preinspection at foreign airports.


Sec. 124. Training of airline personnel in detection of fraudulent 


          documents.


Sec. 125. Preclearance authority.





                    Subtitle C--Interior Enforcement





Sec. 131. Authorization of appropriations for increase in number of 


          certain investigators.


Sec. 132. Authorization of appropriations for increase in number of 


          investigators of visa overstayers.


Sec. 133. Acceptance of State services to carry out immigration 


          enforcement.


Sec. 134. Minimum State INS presence.





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


                             DOCUMENT FRAUD





 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling





Sec. 201. Wiretap authority for investigations of alien smuggling or 


          document fraud.


Sec. 202. Racketeering offenses relating to alien smuggling.


Sec. 203. Increased criminal penalties for alien smuggling.


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


Sec. 205. Undercover investigation authority.





                Subtitle B--Deterrence of Document Fraud





Sec. 211. Increased criminal penalties for fraudulent use of government-


          issued documents.


Sec. 212. New document fraud offenses; new civil penalties for document 


          fraud.


Sec. 213. New criminal penalty for failure to disclose role as preparer 


          of false application for immigration benefits.


Sec. 214. Criminal penalty for knowingly presenting document which fails 


          to contain reasonable basis in law or fact.


Sec. 215. Criminal penalty for false claim to citizenship.


Sec. 216. Criminal penalty for voting by aliens in Federal election.


Sec. 217. Criminal forfeiture for passport and visa related offenses.


Sec. 218. Penalties for involuntary servitude.


Sec. 219. Admissibility of videotaped witness testimony.


Sec. 220. Subpoena authority in document fraud enforcement.





   TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND 


              REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS





        Subtitle A--Revision of Procedures for Removal of Aliens





Sec. 301. Treating persons present in the United States without 


          authorization as not admitted.


Sec. 302. Inspection of aliens; expedited removal of inadmissible 


          arriving aliens; referral for hearing (revised section 235).


Sec. 303. Apprehension and detention of aliens not lawfully in the 


          United States (revised section 236).


Sec. 304. Removal proceedings; cancellation of removal and adjustment of 


          status; voluntary departure (revised and new sections 239 to 


          240C).


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


          241).


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


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


Sec. 308. Redesignation and reorganization of other provisions; 


          additional conforming amendments.


Sec. 309. Effective dates; transition.





                  Subtitle B--Criminal Alien Provisions





Sec. 321. Amended definition of aggravated felony.


Sec. 322. Definition of conviction and term of imprisonment.


Sec. 323. Authorizing registration of aliens on criminal probation or 


          criminal parole.


Sec. 324. Penalty for reentry of deported aliens.


Sec. 325. Change in filing requirement.


Sec. 326. Criminal alien identification system.


Sec. 327. Appropriations for criminal alien tracking center.


Sec. 328. Provisions relating to State criminal alien assistance 


          program.


Sec. 329. Demonstration project for identification of illegal aliens in 


          incarceration facility of Anaheim, California.


Sec. 330. Prisoner transfer treaties.


Sec. 331. Prisoner transfer treaties study.


Sec. 332. Annual report on criminal aliens.


Sec. 333. Penalties for conspiring with or assisting an alien to commit 


          an offense under the Controlled Substances Import and Export 


          Act.


Sec. 334. Enhanced penalties for failure to depart, illegal reentry, and 


          passport and visa fraud.





      Subtitle C--Revision of Grounds for Exclusion and Deportation





Sec. 341. Proof of vaccination requirement for immigrants.


Sec. 342. Incitement of terrorist activity and provision of false 


          documentation to terrorists as a basis for exclusion from the 


          United States.


Sec. 343. Certification requirements for foreign health-care workers.


Sec. 344. Removal of aliens falsely claiming United States citizenship.


Sec. 345. Waiver of exclusion and deportation ground for certain section 


          274C violators.


Sec. 346. Inadmissibility of certain student visa abusers.


Sec. 347. Removal of aliens who have unlawfully voted.


Sec. 348. Waivers for immigrants convicted of crimes.


Sec. 349. Waiver of misrepresentation ground of inadmissibility for 


          certain alien.


Sec. 350. Offenses of domestic violence and stalking as ground for 


          deportation.


Sec. 351. Clarification of date as of which relationship required for 


          waiver from exclusion or deportation for smuggling.


Sec. 352. Exclusion of former citizens who renounced citizenship to 


          avoid United States taxation.


Sec. 353. References to changes elsewhere in Act.





      Subtitle D--Changes in Removal of Alien Terrorist Provisions





Sec. 354. Treatment of classified information.


Sec. 355. Exclusion of representatives of terrorists organizations.


Sec. 356. Standard for judicial review of terrorist organization 


          designations.


Sec. 357. Removal of ancillary relief for voluntary departure.


Sec. 358. Effective date.





                  Subtitle E--Transportation of Aliens





Sec. 361. Definition of stowaway.


Sec. 362. Transportation contracts.





                    Subtitle F--Additional Provisions





Sec. 371. Immigration judges and compensation.


Sec. 372. Delegation of immigration enforcement authority.


Sec. 373. Powers and duties of the Attorney General and the 


          Commissioner.


Sec. 374. Judicial deportation.


Sec. 375. Limitation on adjustment of status.


Sec. 376. Treatment of certain fees.


Sec. 377. Limitation on legalization litigation.


Sec. 378. Rescission of lawful permanent resident status.


Sec. 379. Administrative review of orders.


Sec. 380. Civil penalties for failure to depart.


Sec. 381. Clarification of district court jurisdiction.


Sec. 382. Application of additional civil penalties to enforcement.


Sec. 383. Exclusion of certain aliens from family unity program.


Sec. 384. Penalties for disclosure of information.


Sec. 385. Authorization of additional funds for removal of aliens.


Sec. 386. Increase in INS detention facilities; report on detention 


          space.


Sec. 387. Pilot program on use of closed military bases for the 


          detention of inadmissible or deportable aliens.


Sec. 388. Report on interior repatriation program.





        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT





   Subtitle A--Pilot Programs for Employment Eligibility Confirmation





Sec. 401. Establishment of programs.


Sec. 402. Voluntary election to participate in a pilot program.


Sec. 403. Procedures for participants in pilot programs.


Sec. 404. Employment eligibility confirmation system.


Sec. 405. Reports.





       Subtitle B--Other Provisions Relating to Employer Sanctions





Sec. 411. Limiting liability for certain technical violations of 


          paperwork requirements.


Sec. 412. Paperwork and other changes in the employer sanctions program.


Sec. 413. Report on additional authority or resources needed for 


          enforcement of employer sanctions provisions.


Sec. 414. Reports on earnings of aliens not authorized to work.


Sec. 415. Authorizing maintenance of certain information on aliens.


Sec. 416. Subpoena authority.





       Subtitle C--Unfair Immigration-Related Employment Practices





Sec. 421. Treatment of certain documentary practices as unfair 


          immigration-related employment practices.





              TITLE V--RESTRICTIONS ON BENEFITS FOR ALIENS





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


          immigration.





 Subtitle A--Ineligibility of Excludable, Deportable, and Nonimmigrant 


               Aliens From Public Assistance and Benefits





Sec. 501. Means-tested public benefits.


Sec. 502. Grants, contracts, and licenses.


Sec. 503. Unemployment benefits.


Sec. 504. Social security benefits.


Sec. 505. Requiring proof of identity for certain public assistance.


Sec. 506. Authorization for States to require proof of eligibility for 


          State programs.


Sec. 507. Limitation on eligibility for preferential treatment of aliens 


          not lawfully present on basis of residence for higher 


          education benefits.


Sec. 508. Verification of student eligibility for postsecondary Federal 


          student financial assistance.


Sec. 509. Verification of immigration status for purposes of social 


          security and higher educational assistance.


Sec. 510. No verification requirement for nonprofit charitable 


          organizations.


Sec. 511. GAO study of provision of means-tested public benefits to 


          ineligible aliens on behalf of eligible individuals.





 Subtitle B--Expansion of Disqualification From Immigration Benefits on 


                       the Basis of Public Charge





Sec. 531. Ground for exclusion.


Sec. 532. Ground for deportation.





       Subtitle C--Affidavits of Support and Attribution of Income





Sec. 551. Requirements for sponsor's affidavit of support.


Sec. 552. Attribution of sponsor's income and resources to sponsored 


          immigrants.


Sec. 553. Attribution of sponsor's income and resources authority for 


          State and local governments.


Sec. 554. Authority of States and political subdivisions of States to 


          limit assistance to aliens and to distinguish among classes of 


          aliens in providing general cash public assistance.





                  Subtitle D--Miscellaneous Provisions





Sec. 561. Increased maximum criminal penalties for forging or 


          counterfeiting seal of a Federal department or agency to 


          facilitate benefit fraud by an unlawful alien.


Sec. 562. Computation of targeted assistance.


Sec. 563. Treatment of expenses subject to emergency medical services 


          exception.


Sec. 564. Reimbursement of States and localities for emergency ambulance 


          services.


Sec. 565. Pilot programs to require bonding.


Sec. 566. Reports.





                     Subtitle E--Housing Assistance





Sec. 571. Short title.


Sec. 572. Prorating of financial assistance.


Sec. 573. Actions in cases of termination of financial assistance.


Sec. 574. Verification of immigration status and eligibility for 


          financial assistance.


Sec. 575. Prohibition of sanctions against entities making financial 


          assistance eligibility determinations.


Sec. 576. Regulations.


Sec. 577. Report on housing assistance programs.





                     Subtitle F--General Provisions





Sec. 591. Effective dates.


Sec. 592. Statutory construction.


Sec. 593. Not applicable to foreign assistance.


Sec. 594. Notification.


Sec. 595. Definitions.





                   TITLE VI--MISCELLANEOUS PROVISIONS


                Subtitle A--Refugees, Parole, and Asylum





Sec. 601. Persecution for resistance to coercive population control 


          methods.


Sec. 602. Limitation on use of parole.


Sec. 603. Treatment of long-term parolees in applying worldwide 


          numerical limitations.


Sec. 604. Asylum reform.


Sec. 605. Increase in asylum officers.


Sec. 606. Conditional repeal of Cuban Adjustment Act.





Subtitle B--Miscellaneous Amendments to the Immigration and Nationality 


                                   Act





Sec. 621. Alien witness cooperation.


Sec. 622. Waiver of foreign country residence requirement with respect 


          to international medical graduates.


Sec. 623. Use of legalization and special agricultural worker 


          information.


Sec. 624. Continued validity of labor certifications and classification 


          petitions for professional athletes.


Sec. 625. Foreign students.


Sec. 626. Services to family members of certain officers and agents 


          killed in the line of duty.





    Subtitle C--Provisions Relating to Visa Processing and Consular 


                               Efficiency





Sec. 631. Validity of period of visas.


Sec. 632. Elimination of consulate shopping for visa overstays.


Sec. 633. Authority to determine visa processing procedures.


Sec. 634. Changes regarding visa application process.


Sec. 635. Visa waiver program.


Sec. 636. Fee for diversity immigrant lottery.


Sec. 637. Eligibility for visas for certain Polish applicants for the 


          1995 diversity immigrant program.





                      Subtitle D--Other Provisions





Sec. 641. Program to collect information relating to nonimmigrant 


          foreign students.


Sec. 642. Communication between government agencies and the Immigration 


          and Naturalization Service.


Sec. 643. Regulations regarding habitual residence.


Sec. 644. Information regarding female genital mutilation.


Sec. 645. Criminalization of female genital mutilation.


Sec. 646. Adjustment of status for certain Polish and Hungarian 


          parolees.


Sec. 647. Support of demonstration projects.


Sec. 648. Sense of Congress regarding American-made products; 


          requirements regarding notice.


Sec. 649. Vessel movement controls during immigration emergency.


Sec. 650. Review of practices of testing entities.


Sec. 651. Designation of a United States customs administrative 


          building.


Sec. 652. Mail-order bride business.


Sec. 653. Review and report on H-2A nonimmigrant workers program.


Sec. 654. Report on allegations of harassment by Canadian customs 


          agents.


Sec. 655. Sense of Congress on discriminatory application of New 


          Brunswick provincial sales tax.


Sec. 656. Improvements in identification-related documents.


Sec. 657. Development of prototype of counterfeit-resistant Social 


          Security card.


Sec. 658. Border Patrol Museum.


Sec. 659. Sense of the Congress regarding the mission of the Immigration 


          and Naturalization Service.


Sec. 660. Authority for National Guard to assist in transportation of 


          certain aliens.





                    Subtitle E--Technical Corrections





Sec. 671. Miscellaneous technical corrections.


    (e) Severability.--If any provision of this Act or the 


application of such provision to any person or circumstances is 


held to be unconstitutional, the remainder of this Act and the 


application of the provisions of this Act to any person or 


circumstance shall not be affected thereby.





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


                        AND INTERIOR ENFORCEMENT





             Subtitle A--Improved Enforcement at the Border





SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.





    (a) Increased Number of Border Patrol Agents.--The Attorney 


General in each of fiscal years 1997, 1998, 1999, 2000, and 


2001 shall increase by not less than 1,000 the number of 


positions for full-time, active-duty border patrol agents 


within the Immigration and Naturalization Service above the 


number of such positions for which funds were allotted for the 


preceding fiscal year.


    (b) Increase in Border Patrol Support Personnel.--The 


Attorney General, in each of fiscal years 1997, 1998, 1999, 


2000, and 2001, may increase by 300 the number of positions for 


personnel in support of border patrol agents above the number 


of such positions for which funds were allotted for the 


preceding fiscal year.


    (c) Deployment of Border Patrol Agents.--The Attorney 


General shall, to the maximum extent practicable, ensure that 


additional border patrol agents shall be deployed among 


Immigration and Naturalization Service sectors along the border 


in proportion to the level of illegal crossing of the borders 


of the United States measured in each sector during the 


preceding fiscal year and reasonably anticipated in the next 


fiscal year.


    (d) Forward Deployment.--


            (1) In general.--The Attorney General shall forward 


        deploy existing border patrol agents in those areas of 


        the border identified as areas of high illegal entry 


        into the United States in order to provide a uniform 


        and visible deterrent to illegal entry on a continuing 


        basis. The previous sentence shall not apply to border 


        patrol agents located at checkpoints.


            (2) Preservation of law enforcement functions and 


        capabilities in interior states.--The Attorney General 


        shall, when deploying border patrol personnel from 


        interior stations to border stations, coordinate with, 


        and act in conjunction with, State and local law 


        enforcement agencies to ensure that such deployment 


        does not degrade or compromise the law enforcement 


        capabilities and functions currently performed at 


        interior border patrol stations.


            (3) Report.--Not later than 6 months after the date 


        of the enactment of this Act, the Attorney General 


        shall submit to the Committees on the Judiciary of the 


        House of Representatives and of the Senate a report 


        on--


                    (A) the progress and effectiveness of the 


                forward deployment under paragraph (1); and


                    (B) the measures taken to comply with 


                paragraph (2).





SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.





    (a) In General.--The Attorney General, in consultation with 


the Commissioner of Immigration and Naturalization, shall take 


such actions as may be necessary to install additional physical 


barriers and roads (including the removal of obstacles to 


detection of illegal entrants) in the vicinity of the United 


States border to deter illegal crossings in areas of high 


illegal entry into the United States.


    (b) Construction of Fencing and Road Improvements in the 


Border Area Near San Diego, California.--


            (1) In general.--In carrying out subsection (a), 


        the Attorney General shall provide for the construction 


        along the 14 miles of the international land border of 


        the United States, starting at the Pacific Ocean and 


        extending eastward, of second and third fences, in 


        addition to the existing reinforced fence, and for 


        roads between the fences.


            (2) Prompt acquisition of necessary easements.--The 


        Attorney General, acting under the authority conferred 


        in section 103(b) of the Immigration and Nationality 


        Act (as inserted by subsection (d)), shall promptly 


        acquire such easements as may be necessary to carry out 


        this subsection and shall commence construction of 


        fences immediately following such acquisition (or 


        conclusion of portions thereof).


            (3) Safety features.--The Attorney General, while 


        constructing the additional fencing under this 


        subsection, shall incorporate such safety features into 


        the design of the fence system as are necessary to 


        ensure the well-being of border patrol agents deployed 


        within or in near proximity to the system.


            (4) Authorization of appropriations.--There are 


        authorized to be appropriated to carry out this 


        subsection not to exceed $12,000,000. Amounts 


        appropriated under this paragraph are authorized to 


        remain available until expended.


    (c) Waiver.--The provisions of the Endangered Species Act 


of 1973 and the National Environmental Policy Act of 1969 are 


waived to the extent the Attorney General determines necessary 


to ensure expeditious construction of the barriers and roads 


under this section.


    (d) Land Acquisition Authority.--


            (1) In general.--Section 103 (8 U.S.C. 1103) is 


        amended--


                    (A) by redesignating subsections (b), (c), 


                and (d) as subsections (c), (d), and (e), 


                respectively; and


                    (B) by inserting after subsection (a) the 


                following:


    ``(b)(1) The Attorney General may contract for or buy any 


interest in land, including temporary use rights, adjacent to 


or in the vicinity of an international land border when the 


Attorney General deems the land essential to control and guard 


the boundaries and borders of the United States against any 


violation of this Act.


    ``(2) The Attorney General may contract for or buy any 


interest in land identified pursuant to paragraph (1) as soon 


as the lawful owner of that interest fixes a price for it and 


the Attorney General considers that price to be reasonable.


    ``(3) When the Attorney General and the lawful owner of an 


interest identified pursuant to paragraph (1) are unable to 


agree upon a reasonable price, the Attorney General may 


commence condemnation proceedings pursuant to the Act of August 


1, 1888 (Chapter 728; 25 Stat. 357).


    ``(4) The Attorney General may accept for the United States 


a gift of any interest in land identified pursuant to paragraph 


(1).''.


            (2) Conforming amendment.--Section 103(e) (as so 


        redesignated by paragraph (1)(A)) is amended by 


        striking ``subsection (c)'' and inserting ``subsection 


        (d)''.





SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.





    The Attorney General is authorized to acquire and use, for 


the purpose of detection, interdiction, and reduction of 


illegal immigration into the United States, any Federal 


equipment (including fixed wing aircraft, helicopters, four-


wheel drive vehicles, sedans, night vision goggles, night 


vision scopes, and sensor units) determined available for 


transfer by any other agency of the Federal Government upon 


request of the Attorney General.





SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION CARD.





    (a) In General.--Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is 


amended by adding at the end the following: ``Such regulations 


shall provide that (A) each such document include a biometric 


identifier (such as the fingerprint or handprint of the alien) 


that is machine readable and (B) an alien presenting a border 


crossing identification card is not permitted to cross over the 


border into the United States unless the biometric identifier 


contained on the card matches the appropriate biometric 


characteristic of the alien.''.


    (b) Effective Dates.--


            (1) Clause a.--Clause (A) of the sentence added by 


        the amendment made by subsection (a) shall apply to 


        documents issued on or after 18 months after the date 


        of the enactment of this Act.


            (2) Clause b.--Clause (B) of such sentence shall 


        apply to cards presented on or after 3 years after the 


        date of the enactment of this Act.





SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.





    (a) In General.--Section 275 (8 U.S.C. 1325) is amended--


            (1) by redesignating subsections (b) and (c) as 


        subsections (c) and (d), respectively; and


            (2) by inserting after subsection (a) the 


        following:


    ``(b) Any alien who is apprehended while entering (or 


attempting to enter) the United States at a time or place other 


than as designated by immigration officers shall be subject to 


a civil penalty of--


            ``(1) at least $50 and not more than $250 for each 


        such entry (or attempted entry); or


            ``(2) twice the amount specified in paragraph (1) 


        in the case of an alien who has been previously subject 


        to a civil penalty under this subsection.





Civil penalties under this subsection are in addition to, and 


not in lieu of, any criminal or other civil penalties that may 


be imposed.''.


    (b) Effective Date.--The amendments made by subsection (a) 


shall apply to illegal entries or attempts to enter occurring 


on or after the first day of the sixth month beginning after 


the date of the enactment of this Act.





SEC. 106. HIRING AND TRAINING STANDARDS.





    (a) Review of Hiring Standards.--Not later than 60 days 


after the date of the enactment of this Act, the Attorney 


General shall complete a review of all prescreening and hiring 


standards used by the Commissioner of Immigration and 


Naturalization, and, where necessary, revise such standards to 


ensure that they are consistent with relevant standards of 


professionalism.


    (b) Certification.--At the conclusion of each of fiscal 


years 1997, 1998, 1999, 2000, and 2001, the Attorney General 


shall certify in writing to the Committees on the Judiciary of 


the House of Representatives and of the Senate that all 


personnel hired by the Commissioner of Immigration and 


Naturalization for such fiscal year were hired pursuant to the 


appropriate standards, as revised under subsection (a).


    (c) Review of Training Standards.--


            (1) Review.--Not later than 180 days after the date 


        of the enactment of this Act, the Attorney General 


        shall complete a review of the sufficiency of all 


        training standards used by the Commissioner of 


        Immigration and Naturalization.


            (2) Report.--


                    (A) In general.--Not later than 90 days 


                after the completion of the review under 


                paragraph (1), the Attorney General shall 


                submit a report to the Committees on the 


                Judiciary of the House of Representatives and 


                of the Senate on the results of the review, 


                including--


                            (i) a description of the status of 


                        efforts to update and improve training 


                        throughout the Immigration and 


                        Naturalization Service; and


                            (ii) an estimate of when such 


                        efforts are expected to be completed.


                    (B) Areas requiring future review.--The 


                report shall disclose those areas of training 


                that the Attorney General determines require 


                further review in the future.





SEC. 107. REPORT ON BORDER STRATEGY.





    (a) Evaluation of Strategy.--The Comptroller General of the 


United States shall track, monitor, and evaluate the Attorney 


General's strategy to deter illegal entry in the United States 


to determine the efficacy of such strategy.


    (b) Cooperation.--The Attorney General, the Secretary of 


State, and the Secretary of Defense shall cooperate with the 


Comptroller General of the United States in carrying out 


subsection (a).


    (c) Report.--Not later than one year after the date of the 


enactment of this Act, and every year thereafter for the 


succeeding 5 years, the Comptroller General of the United 


States shall submit a report to the Committees on the Judiciary 


of the House of Representatives and of the Senate on the 


results of the activities undertaken under subsection (a) 


during the previous year. Each such report shall include an 


analysis of the degree to which the Attorney General's strategy 


has been effective in reducing illegal entry. Each such report 


shall include a collection and systematic analysis of data, 


including workload indicators, related to activities to deter 


illegal entry and recommendations to improve and increase 


border security at the border and ports of entry.





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


                    CHECKPOINTS.





    (a) Findings.--The Congress finds as follows:


            (1) Immigration checkpoints are an important 


        component of the national strategy to prevent illegal 


        immigration.


            (2) Individuals fleeing immigration checkpoints and 


        leading law enforcement officials on high speed vehicle 


        chases endanger law enforcement officers, innocent 


        bystanders, and the fleeing individuals themselves.


            (3) The pursuit of suspects fleeing immigration 


        checkpoints is complicated by overlapping jurisdiction 


        among Federal, State, and local law enforcement 


        officers.


    (b) High Speed Flight from Immigration Checkpoints.--


            (1) In general.--Chapter 35 of title 18, United 


        States Code, is amended by adding at the end the 


        following:





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





    ``Whoever flees or evades a checkpoint operated by the 


Immigration and Naturalization Service, or any other Federal 


law enforcement agency, in a motor vehicle and flees Federal, 


State, or local law enforcement agents in excess of the legal 


speed limit shall be fined under this title, imprisoned not 


more than five years, or both.''.


            (2) Clerical amendment.--The table of sections at 


        the beginning of such chapter is amended by inserting 


        after the item relating to section 757 the following:


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





    (c) Grounds for Deportation.--Section 241(a)(2)(A) (8 


U.S.C. 1251(a)(2)(A)) is amended--


            (1) by redesignating clause (iv) as clause (v);


            (2) by inserting after clause (iii) the following:


                            ``(iv) High speed flight.--Any 


                        alien who is convicted of a violation 


                        of section 758 of title 18, United 


                        States Code, (relating to high speed 


                        flight from an immigration checkpoint) 


                        is deportable.''; and


            (3) in clause (v) (as so redesignated by paragraph 


        (1)), by striking ``and (iii)'' and inserting ``(iii), 


        and (iv)''.





SEC. 109. JOINT STUDY OF AUTOMATED DATA COLLECTION.





    (a) Study.--The Attorney General, together with the 


Secretary of State, the Secretary of Agriculture, the Secretary 


of the Treasury, and appropriate representatives of the air 


transport industry, shall jointly undertake a study to develop 


a plan for making the transition to automated data collection 


at ports of entry.


    (b) Report.--Nine months after the date of the enactment of 


this Act, the Attorney General shall submit a report to the 


Committees on the Judiciary of the Senate and the House of 


Representatives on the outcome of the joint initiative under 


subsection (a), noting specific areas of agreement and 


disagreement, and recommending further steps to be taken, 


including any suggestions for legislation.





SEC. 110. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.





    (a) System.--Not later than 2 years after the date of the 


enactment of this Act, the Attorney General shall develop an 


automated entry and exit control system that will--


            (1) collect a record of departure for every alien 


        departing the United States and match the records of 


        departure with the record of the alien's arrival in the 


        United States; and


            (2) enable the Attorney General to identify, 


        through on-line searching procedures, lawfully admitted 


        nonimmigrants who remain in the United States beyond 


        the period authorized by the Attorney General.


    (b) Report.--


            (1) Deadline.--Not later than December 31 of each 


        year following the development of the system under 


        subsection (a), the Attorney General shall submit an 


        annual report to the Committees on the Judiciary of the 


        House of Representatives and of the Senate on such 


        system.


            (2) Information.--The report shall include the 


        following information:


                    (A) The number of departure records 


                collected, with an accounting by country of 


                nationality of the departing alien.


                    (B) The number of departure records that 


                were successfully matched to records of the 


                alien's prior arrival in the United States, 


                with an accounting by the alien's country of 


                nationality and by the alien's classification 


                as an immigrant or nonimmigrant.


                    (C) The number of aliens who arrived as 


                nonimmigrants, or as a visitor under the visa 


                waiver program under section 217 of the 


                Immigration and Nationality Act, for whom no 


                matching departure record has been obtained 


                through the system or through other means as of 


                the end of the alien's authorized period of 


                stay, with an accounting by the alien's country 


                of nationality and date of arrival in the 


                United States.


    (c) Use of Information on Overstays.--Information regarding 


aliens who have remained in the United States beyond their 


authorized period of stay identified through the system shall 


be integrated into appropriate data bases of the Immigration 


and Naturalization Service and the Department of State, 


including those used at ports of entry and at consular offices.





SEC. 111. SUBMISSION OF FINAL PLAN ON REALIGNMENT OF BORDER PATROL 


                    POSITIONS FROM INTERIOR STATIONS.





    Not later than November 30, 1996, the Attorney General 


shall submit to the Committees on the Judiciary of the House of 


Representatives and of the Senate a final plan regarding the 


redeployment of border patrol personnel from interior locations 


to the front lines of the border. The final plan shall be 


consistent with the following:


            (1) The preliminary plan regarding such 


        redeployment submitted by the Attorney General on May 


        17, 1996, to the Committee on Appropriations of the 


        House of Representatives and the Committee on 


        Appropriations of the Senate.


            (2) The direction regarding such redeployment 


        provided in the joint explanatory statement of the 


        committee of conference in the conference report to 


        accompany the Omnibus Consolidated Rescissions and 


        Appropriations Act of 1996 (Public Law 104-134).





SEC. 112. NATIONWIDE FINGERPRINTING OF APPREHENDED ALIENS.





    There are authorized to be appropriated such additional 


sums as may be necessary to ensure that the ``IDENT'' program 


(operated by the Immigration and Naturalization Service) is 


expanded to apply to illegal or criminal aliens apprehended 


nationwide.





                Subtitle B--Facilitation of Legal Entry





SEC. 121. LAND BORDER INSPECTORS.





    In order to eliminate undue delay in the thorough 


inspection of persons and vehicles lawfully attempting to enter 


the United States, the Attorney General and the Secretary of 


the Treasury each shall increase, by approximately equal 


numbers in each of fiscal years 1997 and 1998, the number of 


full-time land border inspectors assigned to active duty by the 


Immigration and Naturalization Service and the United States 


Customs Service to a level adequate to assure full staffing 


during peak crossing hours of all border crossing lanes 


currently in use, under construction, or whose construction has 


been authorized by the Congress, except such low-use lanes as 


the Attorney General may designate.





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





    (a) Extension of Land Border Inspection Project Authority; 


Establishment of Automated Permit Pilot Projects.--Section 


286(q) is amended--


            (1) by striking the matter preceding paragraph (2) 


        and inserting the following:


    ``(q) Land Border Inspection Fee Account.--(1)(A)(i) 


Notwithstanding any other provision of law, the Attorney 


General is authorized to establish, by regulation, not more 


than 6 projects under which a fee may be charged and collected 


for inspection services provided at one or more land border 


points of entry. Such projects may include the establishment of 


commuter lanes to be made available to qualified United States 


citizens and aliens, as determined by the Attorney General.


    ``(ii) The program authorized in this subparagraph shall 


terminate on September 30, 2000, unless further authorized by 


an Act of Congress.


    ``(iii) This subparagraph shall take effect, with respect 


to any project described in clause (1) that was not authorized 


to be commenced before the date of the enactment of the Illegal 


Immigration Reform and Immigrant Responsibility Act of 1996, 30 


days after submission of a written plan by the Attorney General 


detailing the proposed implementation of such project.


    ``(iv) The Attorney General shall prepare and submit on a 


quarterly basis, until September 30, 2000, a status report on 


each land border inspection project implemented under this 


subparagraph.


    ``(B) The Attorney General, in consultation with the 


Secretary of the Treasury, may conduct pilot projects to 


demonstrate the use of designated ports of entry after working 


hours through the use of card reading machines or other 


appropriate technology.''; and


            (2) by striking paragraph (5).


    (b) Conforming amendment.--The Departments of Commerce, 


Justice, and State, the Judiciary, and Related Agencies 


Appropriation Act, 1994 (Public Law 103-121, 107 Stat. 1161) is 


amended by striking the fourth proviso under the heading 


``Immigration and Naturalization Service, Salaries and 


Expenses''.





SEC. 123. PREINSPECTION AT FOREIGN AIRPORTS.





    (a) In General.--The Immigration and Nationality Act is 


amended by inserting after section 235 the following:








                  ``preinspection at foreign airports








    ``Sec. 235A. (a) Establishment of Preinspection Stations.--


            ``(1) New stations.--Subject to paragraph (5), not 


        later than October 31, 1998, the Attorney General, in 


        consultation with the Secretary of State, shall 


        establish and maintain preinspection stations in at 


        least 5 of the foreign airports that are among the 10 


        foreign airports which the Attorney General identifies 


        as serving as last points of departure for the greatest 


        numbers of inadmissible alien passengers who arrive 


        from abroad by air at ports of entry within the United 


        States. Such preinspection stations shall be in 


        addition to any preinspection stations established 


        prior to the date of the enactment of such Act.


            ``(2) Report.--Not later than October 31, 1998, the 


        Attorney General shall report to the Committees on the 


        Judiciary of the House of Representatives and of the 


        Senate on the implementation of paragraph (1).


            ``(3) Data collection.--Not later than November 1, 


        1997, and each subsequent November 1, the Attorney 


        General shall compile data identifying--


                    ``(A) the foreign airports which served as 


                last points of departure for aliens who arrived 


                by air at United States ports of entry without 


                valid documentation during the preceding fiscal 


                years;


                    ``(B) the number and nationality of such 


                aliens arriving from each such foreign airport; 


                and


                    ``(C) the primary routes such aliens 


                followed from their country of origin to the 


                United States.


            ``(4) Additional stations.--Subject to paragraph 


        (5), not later than October 31, 2000, the Attorney 


        General, in consultation with the Secretary of State, 


        shall establish preinspection stations in at least 5 


        additional foreign airports which the Attorney General, 


        in consultation with the Secretary of State, 


        determines, based on the data compiled under paragraph 


        (3) and such other information as may be available, 


        would most effectively reduce the number of aliens who 


        arrive from abroad by air at points of entry within the 


        United States who are inadmissible to the United 


        States. Such preinspection stations shall be in 


        addition to those established prior to the date of the 


        enactment of such Act or pursuant to paragraph (1).


            ``(5) Conditions.--Prior to the establishment of a 


        preinspection station, the Attorney General, in 


        consultation with the Secretary of State, shall ensure 


        that--


                    ``(A) employees of the United States 


                stationed at the preinspection station and 


                their accompanying family members will receive 


                appropriate protection;


                    ``(B) such employees and their families 


                will not be subject to unreasonable risks to 


                their welfare and safety; and


                    ``(C) the country in which the 


                preinspection station is to be established 


                maintains practices and procedures with respect 


                to asylum seekers and refugees in accordance 


                with the Convention Relating to the Status of 


                Refugees (done at Geneva, July 28, 1951), or 


                the Protocol Relating to the Status of Refugees 


                (done at New York, January 31, 1967), or that 


                an alien in the country otherwise has recourse 


                to avenues of protection from return to 


                persecution.


    ``(b) Establishment of Carrier Consultant Program.--The 


Attorney General shall assign additional immigration officers 


to assist air carriers in the detection of fraudulent documents 


at foreign airports which, based on the records maintained 


pursuant to subsection (a)(3), served as a point of departure 


for a significant number of arrivals at United States ports of 


entry without valid documentation, but where no preinspection 


station exists.''.


    (b) Clerical Amendment.--The table of contents is amended 


by inserting after the item relating to section 235 the 


following:





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





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


                    DOCUMENTS.





    (a) Use of Funds.--


            (1) In general.--Section 286(h)(2)(A) (8 U.S.C. 


        1356(h)(2)(A)) is amended--


                    (A) in clause (iv), by inserting ``, 


                including training of, and technical assistance 


                to, commercial airline personnel regarding such 


                detection'' after ``United States''; and


                    (B) by adding at the end the following:





``The Attorney General shall provide for expenditures for 


training and assistance described in clause (iv) in an amount, 


for any fiscal year, not less than 5 percent of the total of 


the expenses incurred that are described in the previous 


sentence.''.


            (2) Applicability.--The amendments made by 


        paragraph (1) shall apply to expenses incurred during 


        or after fiscal year 1997.


    (b) Compliance With Detection Regulations.--


            (1) In general.--Section 212(f) (8 U.S.C. 1182(f)) 


        is amended by adding at the end the following: 


        ``Whenever the Attorney General finds that a commercial 


        airline has failed to comply with regulations of the 


        Attorney General relating to requirements of airlines 


        for the detection of fraudulent documents used by 


        passengers traveling to the United States (including 


        the training of personnel in such detection), the 


        Attorney General may suspend the entry of some or all 


        aliens transported to the United States by such 


        airline.''.


            (2) Deadline.--The Attorney General shall first 


        issue, in proposed form, regulations referred to in the 


        second sentence of section 212(f) of the Immigration 


        and Nationality Act, as added by the amendment made by 


        paragraph (1), not later than 90 days after the date of 


        the enactment of this Act.





SEC. 125. PRECLEARANCE AUTHORITY.





    Section 103(a) of the Immigration and Nationality Act (8 


U.S.C. 1103(a)) is amended by adding at the end the following:





``After consultation with the Secretary of State, the Attorney 


General may authorize officers of a foreign country to be 


stationed at preclearance facilities in the United States for 


the purpose of ensuring that persons traveling from or through 


the United States to that foreign country comply with that 


country's immigration and related laws. Those officers may 


exercise such authority and perform such duties as United 


States immigration officers are authorized to exercise and 


perform in that foreign country under reciprocal agreement, and 


they shall enjoy such reasonable privileges and immunities 


necessary for the performance of their duties as the government 


of their country extends to United States immigration 


officers.''.





                    Subtitle C--Interior Enforcement


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


                    CERTAIN INVESTIGATORS.





    (a) Authorization.--There are authorized to be appropriated 


such funds as may be necessary to enable the Commissioner of 


Immigration and Naturalization to increase the number of 


investigators and support personnel to investigate potential 


violations of sections 274 and 274A of the Immigration and 


Nationality Act by a number equivalent to 300 full-time active-


duty investigators in each of fiscal years 1997, 1998, and 


1999.


    (b) Allocation of Investigators.--At least one-half of the 


investigators hired with funds made available under subsection 


(a) shall be assigned to investigate potential violations of 


section 274A of the Immigration and Nationality Act.


    (c) Limitation on Overtime.--None of the funds made 


available under subsection (a) shall be available for 


administrative expenses to pay any employee overtime pay in an 


amount in excess of $25,000 for any fiscal year.





SEC. 132. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN NUMBER OF 


                    INVESTIGATORS OF VISA OVERSTAYERS.





    There are authorized to be appropriated such funds as may 


be necessary to enable the Commissioner of Immigration and 


Naturalization to increase the number of investigators and 


support personnel to investigate visa overstayers by a number 


equivalent to 300 full-time active-duty investigators in fiscal 


year 1997.





SEC. 133. ACCEPTANCE OF STATE SERVICES TO CARRY OUT IMMIGRATION 


                    ENFORCEMENT.





    Section 287 (8 U.S.C. 1357) is amended by adding at the end 


the following:


    ``(g)(1) Notwithstanding section 1342 of title 31, United 


States Code, the Attorney General may enter into a written 


agreement with a State, or any political subdivision of a 


State, pursuant to which an officer or employee of the State or 


subdivision, who is determined by the Attorney General to be 


qualified to perform a function of an immigration officer in 


relation to the investigation, apprehension, or detention of 


aliens in the United States (including the transportation of 


such aliens across State lines to detention centers), may carry 


out such function at the expense of the State or political 


subdivision and to the extent consistent with State and local 


law.


    ``(2) An agreement under this subsection shall require that 


an officer or employee of a State or political subdivision of a 


State performing a function under the agreement shall have 


knowledge of, and adhere to, Federal law relating to the 


function, and shall contain a written certification that the 


officers or employees performing the function under the 


agreement have received adequate training regarding the 


enforcement of relevant Federal immigration laws.


    ``(3) In performing a function under this subsection, an 


officer or employee of a State or political subdivision of a 


State shall be subject to the direction and supervision of the 


Attorney General.


    ``(4) In performing a function under this subsection, an 


officer or employee of a State or political subdivision of a 


State may use Federal property or facilities, as provided in a 


written agreement between the Attorney General and the State or 


subdivision.


    ``(5) With respect to each officer or employee of a State 


or political subdivision who is authorized to perform a 


function under this subsection, the specific powers and duties 


that may be, or are required to be, exercised or performed by 


the individual, the duration of the authority of the 


individual, and the position of the agency of the Attorney 


General who is required to supervise and direct the individual, 


shall be set forth in a written agreement between the Attorney 


General and the State or political subdivision.


    ``(6) The Attorney General may not accept a service under 


this subsection if the service will be used to displace any 


Federal employee.


    ``(7) Except as provided in paragraph (8), an officer or 


employee of a State or political subdivision of a State 


performing functions under this subsection shall not be treated 


as a Federal employee for any purpose other than for purposes 


of chapter 81 of title 5, United States Code, (relating to 


compensation for injury) and sections 2671 through 2680 of 


title 28, United States Code (relating to tort claims).


    ``(8) An officer or employee of a State or political 


subdivision of a State acting under color of authority under 


this subsection, or any agreement entered into under this 


subsection, shall be considered to be acting under color of 


Federal authority for purposes of determining the liability, 


and immunity from suit, of the officer or employee in a civil 


action brought under Federal or State law.


    ``(9) Nothing in this subsection shall be construed to 


require any State or political subdivision of a State to enter 


into an agreement with the Attorney General under this 


subsection.


    ``(10) Nothing in this subsection shall be construed to 


require an agreement under this subsection in order for any 


officer or employee of a State or political subdivision of a 


State--


            ``(A) to communicate with the Attorney General 


        regarding the immigration status of any individual, 


        including reporting knowledge that a particular alien 


        is not lawfully present in the United States; or


            ``(B) otherwise to cooperate with the Attorney 


        General in the identification, apprehension, detention, 


        or removal of aliens not lawfully present in the United 


        States.''.





SEC. 134. MINIMUM STATE INS PRESENCE.





    (a) In General.--Section 103 (8 U.S.C. 1103), as amended by 


section 102(e), is further amended by adding at the end the 


following:


    ``(f) The Attorney General shall allocate to each State not 


fewer than 10 full-time active duty agents of the Immigration 


and Naturalization Service to carry out the functions of the 


Service, in order to ensure the effective enforcement of this 


Act.''.


    (b) Effective Date.--The amendment made by subsection (a) 


shall take effect 90 days after the date of the enactment of 


this Act.





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


                             DOCUMENT FRAUD





 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling





SEC. 201. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN SMUGGLING OR 


                    DOCUMENT FRAUD.





    Section 2516(1) of title 18, United States Code, is 


amended--


            (1) in paragraph (c), by striking ``or section 1992 


        (relating to wrecking trains)'' and inserting ``section 


        1992 (relating to wrecking trains), a felony violation 


        of section 1028 (relating to production of false 


        identification documentation), section 1425 (relating 


        to the procurement of citizenship or nationalization 


        unlawfully), section 1426 (relating to the reproduction 


        of naturalization or citizenship papers), section 1427 


        (relating to the sale of naturalization or citizenship 


        papers), section 1541 (relating to passport issuance 


        without authority), section 1542 (relating to false 


        statements in passport applications), section 1543 


        (relating to forgery or false use of passports), 


        section 1544 (relating to misuse of passports), or 


        section 1546 (relating to fraud and misuse of visas, 


        permits, and other documents)'';


            (2) by striking ``or'' at the end of paragraph (l);


            (3) by redesignating paragraphs (m), (n), and (o) 


        as paragraphs (n), (o), and (p), respectively; and


            (4) by inserting after paragraph (l) the following 


        new paragraph:


            ``(m) a violation of section 274, 277, or 278 of 


        the Immigration and Nationality Act (8 U.S.C. 1324, 


        1327, or 1328) (relating to the smuggling of 


        aliens);''.





SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.





    Section 1961(1) of title 18, United States Code, as amended 


by section 433 of Public Law 104-132, is amended--


            (1) by striking ``if the act indictable under 


        section 1028 was committed for the purpose of financial 


        gain'';


            (2) by inserting ``section 1425 (relating to the 


        procurement of citizenship or nationalization 


        unlawfully), section 1426 (relating to the reproduction 


        of naturalization or citizenship papers), section 1427 


        (relating to the sale of naturalization or citizenship 


        papers),'' after ``section 1344 (relating to financial 


        institution fraud),'';


            (3) by striking ``if the act indictable under 


        section 1542 was committed for the purpose of financial 


        gain'';


            (4) by striking ``if the act indictable under 


        section 1543 was committed for the purpose of financial 


        gain'';


            (5) by striking ``if the act indictable under 


        section 1544 was committed for the purpose of financial 


        gain''; and


            (6) by striking ``if the act indictable under 


        section 1546 was committed for the purpose of financial 


        gain''.





SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.





    (a) Commercial Advantage.--Section 274(a)(1)(B)(i) (8 


U.S.C. 1324(a)(1)(B)(i)) is amended by inserting ``or in the 


case of a violation of subparagraph (A) (ii), (iii), or (iv) in 


which the offense was done for the purpose of commercial 


advantage or private financial gain'' after ``subparagraph 


(A)(i)''.


    (b) Additional Offenses.--Section 274(a) (8 U.S.C. 1324(a)) 


is amended--


            (1) in paragraph (1)(A)--


                    (A) by striking ``or'' at the end of clause 


                (iii);


                    (B) by striking the comma at the end of 


                clause (iv) and inserting ``; or''; and


                    (C) by adding at the end the following new 


                clause:


            ``(v)(I) engages in any conspiracy to commit any of 


        the preceding acts, or


            ``(II) aids or abets the commission of any of the 


        preceding acts,'';


            (2) in paragraph (1)(B)--


                    (A) in clause (i), by inserting ``or 


                (v)(I)'' after ``(A)(i)'';


                    (B) in clause (ii), by striking ``or (iv)'' 


                and inserting ``(iv), or (v)(II)'';


                    (C) in clause (iii), by striking ``or 


                (iv)'' and inserting ``(iv), or (v)''; and


                    (D) in clause (iv), by striking ``or (iv)'' 


                and inserting ``(iv), or (v)'';


            (3) in paragraph (2)(B), by striking ``be fined'' 


        and all that follows and inserting the following: ``be 


        fined under title 18, United States Code, and shall be 


        imprisoned, in the case of a first or second violation 


        of subparagraph (B)(iii), not more than 10 years, in 


        the case of a first or second violation of subparagraph 


        (B)(i) or (B)(ii), not less than 3 nor more than 10 


        years, and for any other violation, not less than 5 nor 


        more than 15 years.''; and


            (4) by adding at the end the following new 


        paragraph:


    ``(3)(A) Any person who, during any 12-month period, 


knowingly hires for employment at least 10 individuals with 


actual knowledge that the individuals are aliens described in 


subparagraph (B) shall be fined under title 18, United States 


Code, or imprisoned for not more than 5 years, or both.


    ``(B) An alien described in this subparagraph is an alien 


who--


            ``(i) is an unauthorized alien (as defined in 


        section 274A(h)(3)), and


            ``(ii) has been brought into the United States in 


        violation of this subsection.''.


    (c) Smuggling of Aliens Who Will Commit Crimes.--Clause (i) 


of section 274(a)(2)(B) (8 U.S.C. 1324(a)(2)(B)) is amended to 


read as follows:


                    ``(i) an offense committed with the intent 


                or with reason to believe that the alien 


                unlawfully brought into the United States will 


                commit an offense against the United States or 


                any State punishable by imprisonment for more 


                than 1 year,''.


    (d) Applying Certain Penalties on a Per Alien Basis.--


Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by striking 


``for each transaction constituting a violation of this 


paragraph, regardless of the number of aliens involved'' and 


inserting ``for each alien in respect to whom a violation of 


this paragraph occurs''.


    (e) Sentencing Guidelines.--


            (1) In general.--Pursuant to its authority under 


        section 994(p) of title 28, United States Code, the 


        United States Sentencing Commission shall promulgate 


        sentencing guidelines or amend existing sentencing 


        guidelines for offenders convicted of offenses related 


        to smuggling, transporting, harboring, or inducing 


        aliens in violation of section 274(a) (1)(A) or (2) of 


        the Immigration and Nationality Act (8 U.S.C. 


        1324(a)(1)(A), (2)(B)) in accordance with this 


        subsection.


            (2) Requirements.--In carrying out this subsection, 


        the Commission shall, with respect to the offenses 


        described in paragraph (1)--


                    (A) increase the base offense level for 


                such offenses at least 3 offense levels above 


                the applicable level in effect on the date of 


                the enactment of this Act;


                    (B) review the sentencing enhancement for 


                the number of aliens involved (U.S.S.G. 


                2L1.1(b)(2)), and increase the sentencing 


                enhancement by at least 50 percent above the 


                applicable enhancement in effect on the date of 


                the enactment of this Act;


                    (C) impose an appropriate sentencing 


                enhancement upon an offender with 1 prior 


                felony conviction arising out of a separate and 


                prior prosecution for an offense that involved 


                the same or similar underlying conduct as the 


                current offense, to be applied in addition to 


                any sentencing enhancement that would otherwise 


                apply pursuant to the calculation of the 


                defendant's criminal history category;


                    (D) impose an additional appropriate 


                sentencing enhancement upon an offender with 2 


                or more prior felony convictions arising out of 


                separate and prior prosecutions for offenses 


                that involved the same or similar underling 


                conduct as the current offense, to be applied 


                in addition to any sentencing enhancement that 


                would otherwise apply pursuant to the 


                calculation of the defendant's criminal history 


                category;


                    (E) impose an appropriate sentencing 


                enhancement on a defendant who, in the course 


                of committing an offense described in this 


                subsection--


                            (i) murders or otherwise causes 


                        death, bodily injury, or serious bodily 


                        injury to an individual;


                            (ii) uses or brandishes a firearm 


                        or other dangerous weapon; or


                            (iii) engages in conduct that 


                        consciously or recklessly places 


                        another in serious danger of death or 


                        serious bodily injury;


                    (F) consider whether a downward adjustment 


                is appropriate if the offense is a first 


                offense and involves the smuggling only of the 


                alien's spouse or child; and


                    (G) consider whether any other aggravating 


                or mitigating circumstances warrant upward or 


                downward sentencing adjustments.


            (3) Emergency authority to sentencing commission.--


        The Commission shall promulgate the guidelines or 


        amendments provided for under this subsection as soon 


        as practicable in accordance with the procedure set 


        forth in section 21(a) of the Sentencing Act of 1987, 


        as though the authority under that Act had not expired.


    (f) Effective Date.--This section and the amendments made 


by this section shall apply with respect to offenses occurring 


on or after the date of the enactment of this Act.





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





    (a) In General.--The number of Assistant United States 


Attorneys employed by the Department of Justice for the fiscal 


year 1997 shall be increased by at least 25 above the number of 


Assistant United States Attorneys that were authorized to be 


employed as of September 30, 1996.


    (b) Assignment.--Individuals employed to fill the 


additional positions described in subsection (a) shall 


prosecute persons who bring into the United States or harbor 


illegal aliens or violate other criminal statutes involving 


illegal aliens.





SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.





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


the following new section:








                  ``undercover investigation authority








    ``Sec. 294. (a) In General.--With respect to any undercover 


investigative operation of the Service which is necessary for 


the detection and prosecution of crimes against the United 


States--


            ``(1) sums appropriated for the Service may be used 


        for leasing space within the United States and the 


        territories and possessions of the United States 


        without regard to the following provisions of law:


                    ``(A) section 3679(a) of the Revised 


                Statutes (31 U.S.C. 1341),


                    ``(B) section 3732(a) of the Revised 


                Statutes (41 U.S.C. 11(a)),


                    ``(C) section 305 of the Act of June 30, 


                1949 (63 Stat. 396; 41 U.S.C. 255),


                    ``(D) the third undesignated paragraph 


                under the heading `Miscellaneous' of the Act of 


                March 3, 1877 (19 Stat. 370; 40 U.S.C. 34),


                    ``(E) section 3648 of the Revised Statutes 


                (31 U.S.C. 3324),


                    ``(F) section 3741 of the Revised Statutes 


                (41 U.S.C. 22), and


                    ``(G) subsections (a) and (c) of section 


                304 of the Federal Property and Administrative 


                Services Act of 1949 (63 Stat. 395; 41 U.S.C. 


                254 (a) and (c));


            ``(2) sums appropriated for the Service may be used 


        to establish or to acquire proprietary corporations or 


        business entities as part of an undercover operation, 


        and to operate such corporations or business entities 


        on a commercial basis, without regard to the provisions 


        of section 304 of the Government Corporation Control 


        Act (31 U.S.C. 9102);


            ``(3) sums appropriated for the Service, and the 


        proceeds from the undercover operation, may be 


        deposited in banks or other financial institutions 


        without regard to the provisions of section 648 of 


        title 18, United States Code, and of section 3639 of 


        the Revised Statutes (31 U.S.C. 3302); and


            ``(4) the proceeds from the undercover operation 


        may be used to offset necessary and reasonable expenses 


        incurred in such operation without regard to the 


        provisions of section 3617 of the Revised Statutes (31 


        U.S.C. 3302).


The authority set forth in this subsection may be exercised 


only upon written certification of the Commissioner, in 


consultation with the Deputy Attorney General, that any action 


authorized by paragraph (1), (2), (3), or (4) is necessary for 


the conduct of the undercover operation.


    ``(b) Disposition of Proceeds No Longer Required.--As soon 


as practicable after the proceeds from an undercover 


investigative operation, carried out under paragraphs (3) and 


(4) of subsection (a), are no longer necessary for the conduct 


of the operation, the proceeds or the balance of the proceeds 


remaining at the time shall be deposited into the Treasury of 


the United States as miscellaneous receipts.


    ``(c) Disposition of Certain Corporations and Business 


Entities.--If a corporation or business entity established or 


acquired as part of an undercover operation under paragraph (2) 


of subsection (a) with a net value of over $50,000 is to be 


liquidated, sold, or otherwise disposed of, the Service, as 


much in advance as the Commissioner or Commissioner's designee 


determines practicable, shall report the circumstances to the 


Attorney General, the Director of the Office of Management and 


Budget, and the Comptroller General. The proceeds of the 


liquidation, sale, or other disposition, after obligations are 


met, shall be deposited in the Treasury of the United States as 


miscellaneous receipts.


    ``(d) Financial Audits.--The Service shall conduct detailed 


financial audits of closed undercover operations on a quarterly 


basis and shall report the results of the audits in writing to 


the Deputy Attorney General.''.


    (b) Clerical Amendment.--The table of contents is amended 


by inserting after the item relating to section 293 the 


following:





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





                Subtitle B--Deterrence of Document Fraud





SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF 


                    GOVERNMENT-ISSUED DOCUMENTS.





    (a) Fraud and Misuse of Government-Issued Identification 


Documents.--(1) Section 1028(b) of title 18, United States 


Code, is amended--


            (A) in paragraph (1), by inserting ``except as 


        provided in paragraphs (3) and (4),'' after ``(1)'' and 


        by striking ``five years'' and inserting ``15 years'';


            (B) in paragraph (2), by inserting ``except as 


        provided in paragraphs (3) and (4),'' after ``(2)'' and 


        by striking ``and'' at the end;


            (C) by redesignating paragraph (3) as paragraph 


        (5); and


            (D) by inserting after paragraph (2) the following 


        new paragraphs:


            ``(3) a fine under this title or imprisonment for 


        not more than 20 years, or both, if the offense is 


        committed to facilitate a drug trafficking crime (as 


        defined in section 929(a)(2) of this title);


            ``(4) a fine under this title or imprisonment for 


        not more than 25 years, or both, if the offense is 


        committed to facilitate an act of international 


        terrorism (as defined in section 2331(1) of this 


        title); and''.


    (2) Sections 1425 through 1427, sections 1541 through 1544, 


and section 1546(a) of title 18, United States Code, are each 


amended by striking ``imprisoned not more'' and all that 


follows through ``years'' each place it appears and inserting 


the following: ``imprisoned not more than 25 years (if the 


offense was committed to facilitate an act of international 


terrorism (as defined in section 2331 of this title)), 20 years 


(if the offense was committed to facilitate a drug trafficking 


crime (as defined in section 929(a) of this title)), 10 years 


(in the case of the first or second such offense, if the 


offense was not committed to facilitate such an act of 


international terrorism or a drug trafficking crime), or 15 


years (in the case of any other offense)''.


    (b) Changes to the Sentencing Levels.--


            (1) In general.--Pursuant to the Commission's 


        authority under section 994(p) of title 28, United 


        States Code, the United States Sentencing Commission 


        shall promulgate sentencing guidelines or amend 


        existing sentencing guidelines for offenders convicted 


        of violating, or conspiring to violate, sections 


        1028(b)(1), 1425 through 1427, 1541 through 1544, and 


        1546(a) of title 18, United States Code, in accordance 


        with this subsection.


            (2) Requirements.--In carrying out this subsection, 


        the Commission shall, with respect to the offenses 


        referred to in paragraph (1)--


                    (A) increase the base offense level for 


                such offenses at least 2 offense levels above 


                the level in effect on the date of the 


                enactment of this Act;


                    (B) review the sentencing enhancement for 


                number of documents or passports involved 


                (U.S.S.G. 2L2.1(b)(2)), and increase the upward 


                adjustment by at least 50 percent above the 


                applicable enhancement in effect on the date of 


                the enactment of this Act;


                    (C) impose an appropriate sentencing 


                enhancement upon an offender with 1 prior 


                felony conviction arising out of a separate and 


                prior prosecution for an offense that involved 


                the same or similar underlying conduct as the 


                current offense, to be applied in addition to 


                any sentencing enhancement that would otherwise 


                apply pursuant to the calculation of the 


                defendant's criminal history category;


                    (D) impose an additional appropriate 


                sentencing enhancement upon an offender with 2 


                or more prior felony convictions arising out of 


                separate and prior prosecutions for offenses 


                that involved the same or similar underlying 


                conduct as the current offense, to be applied 


                in addition to any sentencing enhancement that 


                would otherwise apply pursuant to the 


                calculation of the defendant's criminal history 


                category; and


                    (E) consider whether any other aggravating 


                or mitigating circumstances warrant upward or 


                downward sentencing adjustments.


            (3) Emergency authority to sentencing commission.--


        The Commission shall promulgate the guidelines or 


        amendments provided for under this subsection as soon 


        as practicable in accordance with the procedure set 


        forth in section 21(a) of the Sentencing Act of 1987, 


        as though the authority under that Act had not expired.


    (c) Effective Date.--This section and the amendments made 


by this section shall apply with respect to offenses occurring 


on or after the date of the enactment of this Act.





SEC. 212. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL PENALTIES FOR
DOCUMENT 


                    FRAUD.





    (a) Activities Prohibited.--Section 274C(a) (8 U.S.C. 


1324c(a)) is amended--


            (1) in paragraph (1), by inserting before the comma 


        at the end the following: ``or to obtain a benefit 


        under this Act'';


            (2) in paragraph (2), by inserting before the comma 


        at the end the following: ``or to obtain a benefit 


        under this Act'';


            (3) in paragraph (3)--


                    (A) by inserting ``or with respect to'' 


                after ``issued to'';


                    (B) by adding before the comma at the end 


                the following: ``or obtaining a benefit under 


                this Act''; and


                    (C) by striking ``or'' at the end;


            (4) in paragraph (4)--


                    (A) by inserting ``or with respect to'' 


                after ``issued to'';


                    (B) by adding before the period at the end 


                the following: ``or obtaining a benefit under 


                this Act''; and


                    (C) by striking the period at the end and 


                inserting ``, or''; and


            (5) by adding at the end the following new 


        paragraphs:


            ``(5) to prepare, file, or assist another in 


        preparing or filing, any application for benefits under 


        this Act, or any document required under this Act, or 


        any document submitted in connection with such 


        application or document, with knowledge or in reckless 


        disregard of the fact that such application or document 


        was falsely made or, in whole or in part, does not 


        relate to the person on whose behalf it was or is being 


        submitted, or


            ``(6)(A) to present before boarding a common 


        carrier for the purpose of coming to the United States 


        a document which relates to the alien's eligibility to 


        enter the United States, and (B) to fail to present 


        such document to an immigration officer upon arrival at 


        a United States port of entry.''.


    (b) Definition of Falsely Make.--Section 274C (8 U.S.C. 


1324c), as amended by section 213, is further amended by adding 


at the end the following new subsection:


    ``(f) Falsely Make.--For purposes of this section, the term 


`falsely make' means to prepare or provide an application or 


document, with knowledge or in reckless disregard of the fact 


that the application or document contains a false, fictitious, 


or fraudulent statement or material representation, or has no 


basis in law or fact, or otherwise fails to state a fact which 


is material to the purpose for which it was submitted.''.


    (c) Conforming Amendment.--Section 274C(d)(3) (8 U.S.C. 


1324c(d)(3)) is amended by striking ``each document used, 


accepted, or created and each instance of use, acceptance, or 


creation'' each place it appears and inserting ``each document 


that is the subject of a violation under subsection (a)''.


    (d) Waiver by Attorney General.--Section 274C(d) (8 U.S.C. 


1324c(d)) is amended by adding at the end the following new 


paragraph:


            ``(7) Waiver by attorney general.--The Attorney 


        General may waive the penalties imposed by this section 


        with respect to an alien who knowingly violates 


        subsection (a)(6) if the alien is granted asylum under 


        section 208 or withholding of deportation under section 


        243(h).''.


    (e) Effective Date.--Section 274C(f) of the Immigration and 


Nationality Act, as added by subsection (b), applies to the 


preparation of applications before, on, or after the date of 


the enactment of this Act.





SEC. 213. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE AS 


                    PREPARER OF FALSE APPLICATION FOR IMMIGRATION 


                    BENEFITS.





    Section 274C (8 U.S.C. 1324c) is amended by adding at the 


end the following new subsection:


    ``(e) Criminal Penalties for Failure To Disclose Role as 


Document Preparer.--(1) Whoever, in any matter within the 


jurisdiction of the Service, knowingly and willfully fails to 


disclose, conceals, or covers up the fact that they have, on 


behalf of any person and for a fee or other remuneration, 


prepared or assisted in preparing an application which was 


falsely made (as defined in subsection (f)) for immigration 


benefits, shall be fined in accordance with title 18, United 


States Code, imprisoned for not more than 5 years, or both, and 


prohibited from preparing or assisting in preparing, whether or 


not for a fee or other remuneration, any other such 


application.


    ``(2) Whoever, having been convicted of a violation of 


paragraph (1), knowingly and willfully prepares or assists in 


preparing an application for immigration benefits pursuant to 


this Act, or the regulations promulgated thereunder, whether or 


not for a fee or other remuneration and regardless of whether 


in any matter within the jurisdiction of the Service, shall be 


fined in accordance with title 18, United States Code, 


imprisoned for not more than 15 years, or both, and prohibited 


from preparing or assisting in preparing any other such 


application.''.





SEC. 214. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT WHICH 


                    FAILS TO CONTAIN REASONABLE BASIS IN LAW OR FACT.





    The fourth paragraph of section 1546(a) of title 18, United 


States Code, is amended by striking ``containing any such false 


statement'' and inserting ``which contains any such false 


statement or which fails to contain any reasonable basis in law 


or fact''.





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





    Section 1015 of title 18, United States Code, is amended--


            (1) by striking the dash at the end of paragraph 


        (d) and inserting ``; or'', and


            (2) by inserting after paragraph (d) the following:


    ``(e) Whoever knowingly makes any false statement or claim 


that he is, or at any time has been, a citizen or national of 


the United States, with the intent to obtain on behalf of 


himself, or any other person, any Federal or State benefit or 


service, or to engage unlawfully in employment in the United 


States; or


    ``(f) Whoever knowingly makes any false statement or claim 


that he is a citizen of the United States in order to register 


to vote or to vote in any Federal, State, or local election 


(including an initiative, recall, or referendum)--''.





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





    (a) In General.--Title 18, United States Code, is amended 


by inserting after section 610 the following:





``Sec. 611. Voting by aliens





    ``(a) It shall be unlawful for any alien to vote in any 


election held solely or in part for the purpose of electing a 


candidate for the office of President, Vice President, 


Presidential elector, Member of the Senate, Member of the House 


of Representatives, Delegate from the District of Columbia, or 


Resident Commissioner, unless--


            ``(1) the election is held partly for some other 


        purpose;


            ``(2) aliens are authorized to vote for such other 


        purpose under a State constitution or statute or a 


        local ordinance; and


            ``(3) voting for such other purpose is conducted 


        independently of voting for a candidate for such 


        Federal offices, in such a manner that an alien has the 


        opportunity to vote for such other purpose, but not an 


        opportunity to vote for a candidate for any one or more 


        of such Federal offices.


    ``(b) Any person who violates this section shall be fined 


under this title, imprisoned not more than one year, or 


both.''.


    (b) Clerical Amendment.--The table of sections at the 


beginning of chapter 29 of title 18, United States Code, is 


amended by inserting after the item relating to section 610 the 


following new item:





``611. Voting by aliens.''.





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





    Section 982(a) of title 18, United States Code, is amended 


by inserting after paragraph (5) the following new paragraph:


    ``(6)(A) The court, in imposing sentence on a person 


convicted of a violation of, or conspiracy to violate, section 


1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of this 


title, or a violation of, or conspiracy to violate, section 


1028 of this title if committed in connection with passport or 


visa issuance or use, shall order that the person forfeit to 


the United States, regardless of any provision of State law--


            ``(i) any conveyance, including any vessel, 


        vehicle, or aircraft used in the commission of a 


        violation of, or a conspiracy to violate, subsection 


        (a); and


            ``(ii) any property real or personal--


                    ``(I) that constitutes, or is derived from 


                or is traceable to the proceeds obtained 


                directly or indirectly from the commission of a 


                violation of, or a conspiracy to violate, 


                subsection (a), section 274A(a)(1) or 


                274A(a)(2) of the Immigration and Nationality 


                Act, or section 1028, 1425, 1426, 1427, 1541, 


                1542, 1543, 1544, or 1546 of this title; or


                    ``(II) that is used to facilitate, or is 


                intended to be used to facilitate, the 


                commission of a violation of, or a conspiracy 


                to violate, subsection (a), section 274A(a)(1) 


                or 274A(a)(2) of the Immigration and 


                Nationality Act, or section 1028, 1425, 1426, 


                1427, 1541, 1542, 1543, 1544, or 1546 of this 


                title.


The court, in imposing sentence on such person, shall order 


that the person forfeit to the United States all property 


described in this subparagraph.


    ``(B) The criminal forfeiture of property under 


subparagraph (A), including any seizure and disposition of the 


property and any related administrative or judicial proceeding, 


shall be governed by the provisions of section 413 of the 


Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 


U.S.C. 853), other than subsections (a) and (d) of such section 


413.''.





SEC. 218. CRIMINAL PENALTIES FOR INVOLUNTARY SERVITUDE.





    (a) Amendments to Title 18.--Sections 1581, 1583, 1584, and 


1588 of title 18, United States Code, are amended by striking 


``five'' each place it appears and inserting ``10''.


    (b) Review of Sentencing Guidelines.--The United States 


Sentencing Commission shall ascertain whether there exists an 


unwarranted disparity--


            (1) between the sentences for peonage, involuntary 


        servitude, and slave trade offenses, and the sentences 


        for kidnapping offenses in effect on the date of the 


        enactment of this Act; and


            (2) between the sentences for peonage, involuntary 


        servitude, and slave trade offenses, and the sentences 


        for alien smuggling offenses in effect on the date of 


        the enactment of this Act and after the amendment made 


        by subsection (a).


    (c) Amendment of Sentencing Guidelines.--


            (1) In general.--Pursuant to its authority under 


        section 994(p) of title 28, United States Code, the 


        United States Sentencing Commission shall review its 


        guidelines on sentencing for peonage, involuntary 


        servitude, and slave trade offenses under sections 1581 


        through 1588 of title 18, United States Code, and shall 


        amend such guidelines as necessary to--


                    (A) reduce or eliminate any unwarranted 


                disparity found under subsection (b) that 


                exists between the sentences for peonage, 


                involuntary servitude, and slave trade 


                offenses, and the sentences for kidnapping 


                offenses and alien smuggling offenses;


                    (B) ensure that the applicable guidelines 


                for defendants convicted of peonage, 


                involuntary servitude, and slave trade offenses 


                are sufficiently stringent to deter such 


                offenses and adequately reflect the heinous 


                nature of such offenses; and


                    (C) ensure that the guidelines reflect the 


                general appropriateness of enhanced sentences 


                for defendants whose peonage, involuntary 


                servitude, or slave trade offenses involve--


                            (i) a large number of victims;


                            (ii) the use or threatened use of a 


                        dangerous weapon; or


                            (iii) a prolonged period of peonage 


                        or involuntary servitude.


            (2) Emergency authority to sentencing commission.--


        The Commission shall promulgate the guidelines or 


        amendments provided for under this subsection as soon 


        as practicable in accordance with the procedure set 


        forth in section 21(a) of the Sentencing Act of 1987, 


        as though the authority under that Act had not expired.


    (d) Effective Date.--This section and the amendments made 


by this section shall apply with respect to offenses occurring 


on or after the date of the enactment of this Act.





SEC. 219. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY.





    Section 274 (8 U.S.C. 1324) is amended by adding at the end 


thereof the following new subsection:


    ``(d) Notwithstanding any provision of the Federal Rules of 


Evidence, the videotaped (or otherwise audiovisually preserved) 


deposition of a witness to a violation of subsection (a) who 


has been deported or otherwise expelled from the United States, 


or is otherwise unable to testify, may be admitted into 


evidence in an action brought for that violation if the witness 


was available for cross examination and the deposition 


otherwise complies with the Federal Rules of Evidence.''.





SEC. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD ENFORCEMENT.





    Section 274C(d)(1) (8 U.S.C. 1324c(d)(1)) is amended--


            (1) by striking ``and'' at the end of subparagraph 


        (A);


            (2) by striking the period at the end of 


        subparagraph (B) and inserting ``, and''; and


            (3) by inserting after subparagraph (B) the 


        following:


                    ``(C) immigration officers designated by 


                the Commissioner may compel by subpoena the 


                attendance of witnesses and the production of 


                evidence at any designated place prior to the 


                filing of a complaint in a case under paragraph 


                (2).''.





   TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND 


             REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS





        Subtitle A--Revision of Procedures for Removal of Aliens





SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES WITHOUT 


                    AUTHORIZATION AS NOT ADMITTED.





    (a) ``Admission'' Defined.--Paragraph (13) of section 


101(a) (8 U.S.C. 1101(a)) is amended to read as follows:


    ``(13)(A) The terms `admission' and `admitted' mean, with 


respect to an alien, the lawful entry of the alien into the 


United States after inspection and authorization by an 


immigration officer.


    ``(B) An alien who is paroled under section 212(d)(5) or 


permitted to land temporarily as an alien crewman shall not be 


considered to have been admitted.


    ``(C) An alien lawfully admitted for permanent residence in 


the United States shall not be regarded as seeking an admission 


into the United States for purposes of the immigration laws 


unless the alien--


            ``(i) has abandoned or relinquished that status,


            ``(ii) has been absent from the United States for a 


        continuous period in excess of 180 days,


            ``(iii) has engaged in illegal activity after 


        having departed the United States,


            ``(iv) has departed from the United States while 


        under legal process seeking removal of the alien from 


        the United States, including removal proceedings under 


        this Act and extradition proceedings,


            ``(v) has committed an offense identified in 


        section 212(a)(2), unless since such offense the alien 


        has been granted relief under section 212(h) or 


        240A(a), or


            ``(vi) is attempting to enter at a time or place 


        other than as designated by immigration officers or has 


        not been admitted to the United States after inspection 


        and authorization by an immigration officer.''.


    (b) Inadmissibility of Aliens Previously Removed and 


Unlawfully Present.--


            (1) In general.--Section 212(a) (8 U.S.C. 1182(a)) 


        is amended by redesignating paragraph (9) as paragraph 


        (10) and by inserting after paragraph (8) the following 


        new paragraph:


            ``(9) Aliens previously removed.--


                    ``(A) Certain aliens previously removed.--


                            ``(i) Arriving aliens.--Any alien 


                        who has been ordered removed under 


                        section 235(b)(1) or at the end of 


                        proceedings under section 240 initiated 


                        upon the alien's arrival in the United 


                        States and who again seeks admission 


                        within 5 years of the date of such 


                        removal (or within 20 years in the case 


                        of a second or subsequent removal or at 


                        any time in the case of an alien 


                        convicted of an aggravated felony) is 


                        inadmissible.


                            ``(ii) Other aliens.--Any alien not 


                        described in clause (i) who--


                                    ``(I) has been ordered 


                                removed under section 240 or 


                                any other provision of law, or


                                    ``(II) departed the United 


                                States while an order of 


                                removal was outstanding,


                        and who seeks admission within 10 years 


                        of the date of such alien's departure 


                        or removal (or within 20 years of such 


                        date in the case of a second or 


                        subsequent removal or at any time in 


                        the case of an alien convicted of an 


                        aggravated felony) is inadmissible.


                            ``(iii) Exception.--Clauses (i) and 


                        (ii) shall not apply to an alien 


                        seeking admission within a period if, 


                        prior to the date of the alien's 


                        reembarkation at a place outside the 


                        United States or attempt to be admitted 


                        from foreign contiguous territory, the 


                        Attorney General has consented to the 


                        alien's reapplying for admission.


                    ``(B) Aliens unlawfully present.--


                            ``(i) In general.--Any alien (other 


                        than an alien lawfully admitted for 


                        permanent residence) who--


                                    ``(I) was unlawfully 


                                present in the United States 


                                for a period of more than 180 


                                days but less than 1 year, 


                                voluntarily departed the United 


                                States (whether or not pursuant 


                                to section 244(e)) prior to the 


                                commencement of proceedings 


                                under section 235(b)(1) or 


                                section 240, and again seeks 


                                admission within 3 years of the 


                                date of such alien's departure 


                                or removal, or


                                    ``(II) has been unlawfully 


                                present in the United States 


                                for one year or more, and who 


                                again seeks admission within 10 


                                years of the date of such 


                                alien's departure or removal 


                                from the United States,





                        is inadmissible.


                            ``(ii) Construction of unlawful 


                        presence.--For purposes of this 


                        paragraph, an alien is deemed to be 


                        unlawfully present in the United States 


                        if the alien is present in the United 


                        States after the expiration of the 


                        period of stay authorized by the 


                        Attorney General or is present in the 


                        United States without being admitted or 


                        paroled.


                            ``(iii) Exceptions.--


                                    ``(I) Minors.--No period of 


                                time in which an alien is under 


                                18 years of age shall be taken 


                                into account in determining the 


                                period of unlawful presence in 


                                the United States under clause 


                                (i).


                                    ``(II) Asylees.--No period 


                                of time in which an alien has a 


                                bona fide application for 


                                asylum pending under section 


                                208 shall be taken into account 


                                in determining the period of 


                                unlawful presence in the United 


                                States under clause (i) unless 


                                the alien during such period 


                                was employed without 


                                authorization in the United 


                                States.


                                    ``(III) Family unity.--No 


                                period of time in which the 


                                alien is a beneficiary of 


                                family unity protection 


                                pursuant to section 301 of the 


                                Immigration Act of 1990 shall 


                                be taken into account in 


                                determining the period of 


                                unlawful presence in the United 


                                States under clause (i).


                                    ``(IV) Battered women and 


                                children.--Clause (i) shall not 


                                apply to an alien who would be 


                                described in paragraph 


                                (6)(A)(ii) if `violation of the 


                                terms of the alien's 


                                nonimmigrant visa' were 


                                substituted for `unlawful entry 


                                into the United States' in 


                                subclause (III) of that 


                                paragraph.


                            ``(iv) Tolling for good cause.--In 


                        the case of an alien who--


                                    ``(I) has been lawfully 


                                admitted or paroled into the 


                                United States,


                                    ``(II) has filed a 


                                nonfrivolous application for a 


                                change or extension of status 


                                before the date of expiration 


                                of the period of stay 


                                authorized by the Attorney 


                                General, and


                                    ``(III) has not been 


                                employed without authorization 


                                in the United States before or 


                                during the pendency of such 


                                application,





                        the calculation of the period of time 


                        specified in clause (i)(I) shall be 


                        tolled during the pendency of such 


                        application, but not to exceed 120 


                        days.


                            ``(v) Waiver.--The Attorney General 


                        has sole discretion to waive clause (i) 


                        in the case of an immigrant who is the 


                        spouse or son or daughter of a United 


                        States citizen or of an alien lawfully 


                        admitted for permanent residence, if it 


                        is established to the satisfaction of 


                        the Attorney General that the refusal 


                        of admission to such immigrant alien 


                        would result in extreme hardship to the 


                        citizen or lawfully resident spouse or 


                        parent of such alien. No court shall 


                        have jurisdiction to review a decision 


                        or action by the Attorney General 


                        regarding a waiver under this clause.


                    ``(C) Aliens unlawfully present after 


                previous immigration violations.--


                            ``(i) In general.--Any alien who--


                                    ``(I) has been unlawfully 


                                present in the United States 


                                for an aggregate period of more 


                                than 1 year, or


                                    ``(II) has been ordered 


                                removed under section 


                                235(b)(1), section 240, or any 


                                other provision of law,





                        and who enters or attempts to reenter 


                        the United States without being 


                        admitted is inadmissible.


                            ``(ii) Exception.--Clause (i) shall 


                        not apply to an alien seeking admission 


                        more than 10 years after the date of 


                        the alien's last departure from the 


                        United States if, prior to the alien's 


                        reembarkation at a place outside the 


                        United States or attempt to be 


                        readmitted from a foreign contiguous 


                        territory, the Attorney General has 


                        consented to the alien's reapplying for 


                        admission.''.


            (2) Limitation on change of status.--Section 248 (8 


        U.S.C. 1258) is amended by inserting ``and who is not 


        inadmissible under section 212(a)(9)(B)(i) (or whose 


        inadmissibility under such section is waived under 


        section 212(a)(9)(B)(v))'' after ``maintain that 


        status''.


            (3) Treatment of unlawful presence before effective 


        date.--In applying section 212(a)(9)(B) of the 


        Immigration and Nationality Act, as inserted by 


        paragraph (1), no period before the title III-A 


        effective date shall be included in a period of 


        unlawful presence in the United States.


    (c) Revision to Ground of Inadmissibility for Illegal 


Entrants and Immigration Violators.--


            (1) In general.--Subparagraphs (A) and (B) of 


        section 212(a)(6) (8 U.S.C. 1182(a)(6)) are amended to 


        read as follows:


                    ``(A) Aliens present without admission or 


                parole.--


                            ``(i) In general.--An alien present 


                        in the United States without being 


                        admitted or paroled, or who arrives in 


                        the United States at any time or place 


                        other than as designated by the 


                        Attorney General, is inadmissible.


                            ``(ii) Exception for certain 


                        battered women and children.--Clause 


                        (i) shall not apply to an alien who 


                        demonstrates that--


                                    ``(I) the alien qualifies 


                                for immigrant status under 


                                subparagraph (A)(iii), (A)(iv), 


                                (B)(ii), or (B)(iii) of section 


                                204(a)(1),


                                    ``(II)(a) the alien has 


                                been battered or subjected to 


                                extreme cruelty by a spouse or 


                                parent, or by a member of the 


                                spouse's or parent's family 


                                residing in the same household 


                                as the alien and the spouse or 


                                parent consented or acquiesced 


                                to such battery or cruelty, or 


                                (b) the alien's child has been 


                                battered or subjected to 


                                extreme cruelty by a spouse or 


                                parent of the alien (without 


                                the active participation of the 


                                alien in the battery or 


                                cruelty) or by a member of the 


                                spouse's or parent's family 


                                residing in the same household 


                                as the alien when the spouse or 


                                parent consented to or 


                                acquiesced in such battery or 


                                cruelty and the alien did not 


                                actively participate in such 


                                battery or cruelty, and


                                    ``(III) there was a 


                                substantial connection between 


                                the battery or cruelty 


                                described in subclause (I) or 


                                (II) and the alien's unlawful 


                                entry into the United States.


                    ``(B) Failure to attend removal 


                proceeding.--Any alien who without reasonable 


                cause fails or refuses to attend or remain in 


                attendance at a proceeding to determine the 


                alien's inadmissibility or deportability and 


                who seeks admission to the United States within 


                5 years of such alien's subsequent departure or 


                removal is inadmissible.''.


            (2) Transition for battered spouse or child 


        provision.--The requirements of subclauses (II) and 


        (III) of section 212(a)(6)(A)(ii) of the Immigration 


        and Nationality Act, as inserted by paragraph (1), 


        shall not apply to an alien who demonstrates that the 


        alien first arrived in the United States before the 


        title III-A effective date (described in section 


        309(a)).


    (d) Adjustment in Grounds for Deportation.--Section 241 (8 


U.S.C. 1251), before redesignation as section 237 by section 


305(a)(2), is amended--


            (1) in the matter before paragraph (1) of 


        subsection (a), by striking ``in the United States'' 


        and inserting ``in and admitted to the United States'';


            (2) in subsection (a)(1), by striking 


        ``Excludable'' each place it appears and inserting 


        ``Inadmissible'';


            (3) in subsection (a)(1)(A), by striking 


        ``excludable'' and inserting ``inadmissible''; and


            (4) by amending subparagraph (B) of subsection 


        (a)(1) to read as follows:


                    ``(B) Present in violation of law.--Any 


                alien who is present in the United States in 


                violation of this Act or any other law of the 


                United States is deportable.





SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF INADMISSIBLE 


                    ARRIVING ALIENS; REFERRAL FOR HEARING (REVISED 


                    SECTION 235).





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


read as follows:








``inspection by immigration officers; expedited removal of inadmissible 


                 arriving aliens; referral for hearing








    ``Sec. 235. (a) Inspection.--


            ``(1) Aliens treated as applicants for admission.--


        An alien present in the United States who has not been 


        admitted or who arrives in the United States (whether 


        or not at a designated port of arrival and including an 


        alien who is brought to the United States after having 


        been interdicted in international or United States 


        waters) shall be deemed for purposes of this Act an 


        applicant for admission.


            ``(2) Stowaways.--An arriving alien who is a 


        stowaway is not eligible to apply for admission or to 


        be admitted and shall be ordered removed upon 


        inspection by an immigration officer. Upon such 


        inspection if the alien indicates an intention to apply 


        for asylum under section 208 or a fear of persecution, 


        the officer shall refer the alien for an interview 


        under subsection (b)(1)(B). A stowaway may apply for 


        asylum only if the stowaway is found to have a credible 


        fear of persecution under subsection (b)(1)(B). In no 


        case may a stowaway be considered an applicant for 


        admission or eligible for a hearing under section 240.


            ``(3) Inspection.--All aliens (including alien 


        crewmen) who are applicants for admission or otherwise 


        seeking admission or readmission to or transit through 


        the United States shall be inspected by immigration 


        officers.


            ``(4) Withdrawal of application for admission.--An 


        alien applying for admission may, in the discretion of 


        the Attorney General and at any time, be permitted to 


        withdraw the application for admission and depart 


        immediately from the United States.


            ``(5) Statements.--An applicant for admission may 


        be required to state under oath any information sought 


        by an immigration officer regarding the purposes and 


        intentions of the applicant in seeking admission to the 


        United States, including the applicant's intended 


        length of stay and whether the applicant intends to 


        remain permanently or become a United States citizen, 


        and whether the applicant is inadmissible.


    ``(b) Inspection of Applicants for Admission.--


            ``(1) Inspection of aliens arriving in the united 


        states and certain other aliens who have not been 


        admitted or paroled.--


                    ``(A) Screening.--


                            ``(i) In general.--If an 


                        immigration officer determines that an 


                        alien (other than an alien described in 


                        subparagraph (F)) who is arriving in 


                        the United States or is described in 


                        clause (iii) is inadmissible under 


                        section 212(a)(6)(C) or 212(a)(7), the 


                        officer shall order the alien removed 


                        from the United States without further 


                        hearing or review unless the alien 


                        indicates either an intention to apply 


                        for asylum under section 208 or a fear 


                        of persecution.


                            ``(ii) Claims for asylum.--If an 


                        immigration officer determines that an 


                        alien (other than an alien described in 


                        subparagraph (F)) who is arriving in 


                        the United States or is described in 


                        clause (iii) is inadmissible under 


                        section 212(a)(6)(C) or 212(a)(7) and 


                        the alien indicates either an intention 


                        to apply for asylum under section 208 


                        or a fear of persecution, the officer 


                        shall refer the alien for an interview 


                        by an asylum officer under subparagraph 


                        (B).


                            ``(iii) Application to certain 


                        other aliens.--


                                    ``(I) In general.--The 


                                Attorney General may apply 


                                clauses (i) and (ii) of this 


                                subparagraph to any or all 


                                aliens described in subclause 


                                (II) as designated by the 


                                Attorney General. Such 


                                designation shall be in the 


                                sole and unreviewable 


                                discretion of the Attorney 


                                General and may be modified at 


                                any time.


                                    ``(II) Aliens described.--


                                An alien described in this 


                                clause is an alien who is not 


                                described in subparagraph (F), 


                                who has not been admitted or 


                                paroled into the United States, 


                                and who has not affirmatively 


                                shown, to the satisfaction of 


                                an immigration officer, that 


                                the alien has been physically 


                                present in the United States 


                                continuously for the 2-year 


                                period immediately prior to the 


                                date of the determination of 


                                inadmissibility under this 


                                subparagraph.


                    ``(B) Asylum interviews.--


                            ``(i) Conduct by asylum officers.--


                        An asylum officer shall conduct 


                        interviews of aliens referred under 


                        subparagraph (A)(ii), either at a port 


                        of entry or at such other place 


                        designated by the Attorney General.


                            ``(ii) Referral of certain 


                        aliens.--If the officer determines at 


                        the time of the interview that an alien 


                        has a credible fear of persecution 


                        (within the meaning of clause (v)), the 


                        alien shall be detained for further 


                        consideration of the application for 


                        asylum.


                            ``(iii) Removal without further 


                        review if no credible fear of 


                        persecution.--


                                    ``(I) In general.--Subject 


                                to subclause (III), if the 


                                officer determines that an 


                                alien does not have a credible 


                                fear of persecution, the 


                                officer shall order the alien 


                                removed from the United States 


                                without further hearing or 


                                review.


                                    ``(II) Record of 


                                determination.--The officer 


                                shall prepare a written record 


                                of a determination under 


                                subclause (I). Such record 


                                shall include a summary of the 


                                material facts as stated by the 


                                applicant, such additional 


                                facts (if any) relied upon by 


                                the officer, and the officer's 


                                analysis of why, in the light 


                                of such facts, the alien has 


                                not established a credible fear 


                                of persecution. A copy of the 


                                officer's interview notes shall 


                                be attached to the written 


                                summary.


                                    ``(III) Review of 


                                determination.--The Attorney 


                                General shall provide by 


                                regulation and upon the alien's 


                                request for prompt review by an 


                                immigration judge of a 


                                determination under subclause 


                                (I) that the alien does not 


                                have a credible fear of 


                                persecution. Such review shall 


                                include an opportunity for the 


                                alien to be heard and 


                                questioned by the immigration 


                                judge, either in person or by 


                                telephonic or video connection. 


                                Review shall be concluded as 


                                expeditiously as possible, to 


                                the maximum extent practicable 


                                within 24 hours, but in no case 


                                later than 7 days after the 


                                date of the determination under 


                                subclause (I).


                                    ``(IV) Mandatory 


                                detention.--Any alien subject 


                                to the procedures under this 


                                clause shall be detained 


                                pending a final determination 


                                of credible fear of persecution 


                                and, if found not to have such 


                                a fear, until removed.


                            ``(iv) Information about 


                        interviews.--The Attorney General shall 


                        provide information concerning the 


                        asylum interview described in this 


                        subparagraph to aliens who may be 


                        eligible. An alien who is eligible for 


                        such interview may consult with a 


                        person or persons of the alien's 


                        choosing prior to the interview or any 


                        review thereof, according to 


                        regulations prescribed by the Attorney 


                        General. Such consultation shall be at 


                        no expense to the Government and shall 


                        not unreasonably delay the process.


                            ``(v) Credible fear of persecution 


                        defined.--For purposes of this 


                        subparagraph, the term `credible fear 


                        of persecution' means that there is a 


                        significant possibility, taking into 


                        account the credibility of the 


                        statements made by the alien in support 


                        of the alien's claim and such other 


                        facts as are known to the officer, that 


                        the alien could establish eligibility 


                        for asylum under section 208.


                    ``(C) Limitation on administrative 


                review.--Except as provided in subparagraph 


                (B)(iii)(III), a removal order entered in 


                accordance with subparagraph (A)(i) or 


                (B)(iii)(I) is not subject to administrative 


                appeal, except that the Attorney General shall 


                provide by regulation for prompt review of such 


                an order under subparagraph (A)(i) against an 


                alien who claims under oath, or as permitted 


                under penalty of perjury under section 1746 of 


                title 28, United States Code, after having been 


                warned of the penalties for falsely making such 


                claim under such conditions, to have been 


                lawfully admitted for permanent residence, to 


                have been admitted as a refugee under section 


                207, or to have been granted asylum under 


                section 208.


                    ``(D) Limit on collateral attacks.--In any 


                action brought against an alien under section 


                275(a) or section 276, the court shall not have 


                jurisdiction to hear any claim attacking the 


                validity of an order of removal entered under 


                subparagraph (A)(i) or (B)(iii).


                    ``(E) Asylum officer defined.--As used in 


                this paragraph, the term `asylum officer' means 


                an immigration officer who--


                            ``(i) has had professional training 


                        in country conditions, asylum law, and 


                        interview techniques comparable to that 


                        provided to full-time adjudicators of 


                        applications under section 208, and


                            ``(ii) is supervised by an officer 


                        who meets the condition described in 


                        clause (i) and has had substantial 


                        experience adjudicating asylum 


                        applications.


                    ``(F) Exception.--Subparagraph (A) shall 


                not apply to an alien who is a native or 


                citizen of a country in the Western Hemisphere 


                with whose government the United States does 


                not have full diplomatic relations and who 


                arrives by aircraft at a port of entry.


            ``(2) Inspection of other aliens.--


                    ``(A) In general.--Subject to subparagraphs 


                (B) and (C), in the case of an alien who is an 


                applicant for admission, if the examining 


                immigration officer determines that an alien 


                seeking admission is not clearly and beyond a 


                doubt entitled to be admitted, the alien shall 


                be detained for a proceeding under section 240.


                    ``(B) Exception.--Subparagraph (A) shall 


                not apply to an alien--


                            ``(i) who is a crewman,


                            ``(ii) to whom paragraph (1) 


                        applies, or


                            ``(iii) who is a stowaway.


                    ``(C) Treatment of aliens arriving from 


                contiguous territory.--In the case of an alien 


                described in subparagraph (A) who is arriving 


                on land (whether or not at a designated port of 


                arrival) from a foreign territory contiguous to 


                the United States, the Attorney General may 


                return the alien to that territory pending a 


                proceeding under section 240.


            ``(3) Challenge of decision.--The decision of the 


        examining immigration officer, if favorable to the 


        admission of any alien, shall be subject to challenge 


        by any other immigration officer and such challenge 


        shall operate to take the alien whose privilege to be 


        admitted is so challenged, before an immigration judge 


        for a proceeding under section 240.


    ``(c) Removal of Aliens Inadmissible on Security and 


Related Grounds.--


            ``(1) Removal without further hearing.--If an 


        immigration officer or an immigration judge suspects 


        that an arriving alien may be inadmissible under 


        subparagraph (A) (other than clause (ii)), (B), or (C) 


        of section 212(a)(3), the officer or judge shall--


                    ``(A) order the alien removed, subject to 


                review under paragraph (2);


                    ``(B) report the order of removal to the 


                Attorney General; and


                    ``(C) not conduct any further inquiry or 


                hearing until ordered by the Attorney General.


            ``(2) Review of order.--(A) The Attorney General 


        shall review orders issued under paragraph (1).


            ``(B) If the Attorney General--


                    ``(i) is satisfied on the basis of 


                confidential information that the alien is 


                inadmissible under subparagraph (A) (other than 


                clause (ii)), (B), or (C) of section 212(a)(3), 


                and


                    ``(ii) after consulting with appropriate 


                security agencies of the United States 


                Government, concludes that disclosure of the 


                information would be prejudicial to the public 


                interest, safety, or security,





        the Attorney General may order the alien removed 


        without further inquiry or hearing by an immigration 


        judge.


            ``(C) If the Attorney General does not order the 


        removal of the alien under subparagraph (B), the 


        Attorney General shall specify the further inquiry or 


        hearing that shall be conducted in the case.


            ``(3) Submission of statement and information.--The 


        alien or the alien's representative may submit a 


        written statement and additional information for 


        consideration by the Attorney General.


    ``(d) Authority Relating to Inspections.--


            ``(1) Authority to search conveyances.--Immigration 


        officers are authorized to board and search any vessel, 


        aircraft, railway car, or other conveyance or vehicle 


        in which they believe aliens are being brought into the 


        United States.


            ``(2) Authority to order detention and delivery of 


        arriving aliens.--Immigration officers are authorized 


        to order an owner, agent, master, commanding officer, 


        person in charge, purser, or consignee of a vessel or 


        aircraft bringing an alien (except an alien crewmember) 


        to the United States--


                    ``(A) to detain the alien on the vessel or 


                at the airport of arrival, and


                    ``(B) to deliver the alien to an 


                immigration officer for inspection or to a 


                medical officer for examination.


            ``(3) Administration of oath and consideration of 


        evidence.--The Attorney General and any immigration 


        officer shall have power to administer oaths and to 


        take and consider evidence of or from any person 


        touching the privilege of any alien or person he 


        believes or suspects to be an alien to enter, reenter, 


        transit through, or reside in the United States or 


        concerning any matter which is material and relevant to 


        the enforcement of this Act and the administration of 


        the Service.


            ``(4) Subpoena authority.--(A) The Attorney General 


        and any immigration officer shall have power to require 


        by subpoena the attendance and testimony of witnesses 


        before immigration officers and the production of 


        books, papers, and documents relating to the privilege 


        of any person to enter, reenter, reside in, or pass 


        through the United States or concerning any matter 


        which is material and relevant to the enforcement of 


        this Act and the administration of the Service, and to 


        that end may invoke the aid of any court of the United 


        States.


            ``(B) Any United States district court within the 


        jurisdiction of which investigations or inquiries are 


        being conducted by an immigration officer may, in the 


        event of neglect or refusal to respond to a subpoena 


        issued under this paragraph or refusal to testify 


        before an immigration officer, issue an order requiring 


        such persons to appear before an immigration officer, 


        produce books, papers, and documents if demanded, and 


        testify, and any failure to obey such order of the 


        court may be punished by the court as a contempt 


        thereof.''.


    (b) GAO Study on Operation of Expedited Removal 


Procedures.--


            (1) Study.--The Comptroller General shall conduct a 


        study on the implementation of the expedited removal 


        procedures under section 235(b)(1) of the Immigration 


        and Nationality Act, as amended by subsection (a). The 


        study shall examine--


                    (A) the effectiveness of such procedures in 


                deterring illegal entry,


                    (B) the detention and adjudication 


                resources saved as a result of the procedures,


                    (C) the administrative and other costs 


                expended to comply with the provision,


                    (D) the effectiveness of such procedures in 


                processing asylum claims by undocumented aliens 


                who assert a fear of persecution, including the 


                accuracy of credible fear determinations, and


                    (E) the cooperation of other countries and 


                air carriers in accepting and returning aliens 


                removed under such procedures.


            (2) Report.--By not later than 18 months after the 


        date of the enactment of this Act, the Comptroller 


        General shall submit to the Committees on the Judiciary 


        of the House of Representatives and the Senate a report 


        on the study conducted under paragraph (1).





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





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


read as follows:





                 ``apprehension and detention of aliens








    ``Sec. 236. (a) Arrest, Detention, and Release.--On a 


warrant issued by the Attorney General, an alien may be 


arrested and detained pending a decision on whether the alien 


is to be removed from the United States. Except as provided in 


subsection (c) and pending such decision, the Attorney 


General--


            ``(1) may continue to detain the arrested alien; 


        and


            ``(2) may release the alien on--


                    ``(A) bond of at least $1,500 with security 


                approved by, and containing conditions 


                prescribed by, the Attorney General; or


                    ``(B) conditional parole; but


            ``(3) may not provide the alien with work 


        authorization (including an `employment authorized' 


        endorsement or other appropriate work permit), unless 


        the alien is lawfully admitted for permanent residence 


        or otherwise would (without regard to removal 


        proceedings) be provided such authorization.


    ``(b) Revocation of Bond or Parole.--The Attorney General 


at any time may revoke a bond or parole authorized under 


subsection (a), rearrest the alien under the original warrant, 


and detain the alien.


    ``(c) Detention of Criminal Aliens.--


            ``(1) Custody.--The Attorney General shall take 


        into custody any alien who--


                    ``(A) is inadmissible by reason of having 


                committed any offense covered in section 


                212(a)(2),


                    ``(B) is deportable by reason of having 


                committed any offense covered in section 


                237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D),


                    ``(C) is deportable under section 


                237(a)(2)(A)(i) on the basis of an offense for 


                which the alien has been sentence to a term of 


                imprisonment of at least 1 year, or


                    ``(D) is inadmissible under section 


                212(a)(3)(B) or deportable under section 


                237(a)(4)(B),


        when the alien is released, without regard to whether 


        the alien is released on parole, supervised release, or 


        probation, and without regard to whether the alien may 


        be arrested or imprisoned again for the same offense.


            ``(2) Release.--The Attorney General may release an 


        alien described in paragraph (1) only if the Attorney 


        General decides pursuant to section 3521 of title 18, 


        United States Code, that release of the alien from 


        custody is necessary to provide protection to a 


        witness, a potential witness, a person cooperating with 


        an investigation into major criminal activity, or an 


        immediate family member or close associate of a 


        witness, potential witness, or person cooperating with 


        such an investigation, and the alien satisfies the 


        Attorney General that the alien will not pose a danger 


        to the safety of other persons or of property and is 


        likely to appear for any scheduled proceeding. A 


        decision relating to such release shall take place in 


        accordance with a procedure that considers the severity 


        of the offense committed by the alien.


    ``(d) Identification of Criminal Aliens.--(1) The Attorney 


General shall devise and implement a system--


            ``(A) to make available, daily (on a 24-hour 


        basis), to Federal, State, and local authorities the 


        investigative resources of the Service to determine 


        whether individuals arrested by such authorities for 


        aggravated felonies are aliens;


            ``(B) to designate and train officers and employees 


        of the Service to serve as a liaison to Federal, State, 


        and local law enforcement and correctional agencies and 


        courts with respect to the arrest, conviction, and 


        release of any alien charged with an aggravated felony; 


        and


            ``(C) which uses computer resources to maintain a 


        current record of aliens who have been convicted of an 


        aggravated felony, and indicates those who have been 


        removed.


    ``(2) The record under paragraph (1)(C) shall be made 


available--


            ``(A) to inspectors at ports of entry and to border 


        patrol agents at sector headquarters for purposes of 


        immediate identification of any alien who was 


        previously ordered removed and is seeking to reenter 


        the United States, and


            ``(B) to officials of the Department of State for 


        use in its automated visa lookout system.


    ``(3) Upon the request of the governor or chief executive 


officer of any State, the Service shall provide assistance to 


State courts in the identification of aliens unlawfully present 


in the United States pending criminal prosecution.


    ``(e) Judicial Review.--The Attorney General's 


discretionary judgment regarding the application of this 


section shall not be subject to review. No court may set aside 


any action or decision by the Attorney General under this 


section regarding the detention or release of any alien or the 


grant, revocation, or denial of bond or parole.''.


    (b) Effective Date.--


            (1) In general.--The amendment made by subsection 


        (a) shall become effective on the title III-A effective 


        date.


            (2) Notification regarding custody.--If the 


        Attorney General, not later than 10 days after the date 


        of the enactment of this Act, notifies in writing the 


        Committees on the Judiciary of the House of 


        Representatives and the Senate that there is 


        insufficient detention space and Immigration and 


        Naturalization Service personnel available to carry out 


        section 236(c) of the Immigration and Nationality Act, 


        as amended by subsection (a), or the amendments made by 


        section 440(c) of Public Law 104-132, the provisions in 


        paragraph (3) shall be in effect for a 1-year period 


        beginning on the date of such notification, instead of 


        such section or such amendments. The Attorney General 


        may extend such 1-year period for an additional year if 


        the Attorney General provides the same notice not later 


        than 10 days before the end of the first 1-year period. 


        After the end of such 1-year or 2-year periods, the 


        provisions of such section 236(c) shall apply to 


        individuals released after such periods.


            (3) Transition period custody rules.--


                    (A) In general.--During the period in which 


                this paragraph is in effect pursuant to 


                paragraph (2), the Attorney General shall take 


                into custody any alien who--


                            (i) has been convicted of an 


                        aggravated felony (as defined under 


                        section 101(a)(43) of the Immigration 


                        and Nationality Act, as amended by 


                        section 321 of this Act),


                            (ii) is inadmissible by reason of 


                        having committed any offense covered in 


                        section 212(a)(2) of such Act,


                            (iii) is deportable by reason of 


                        having committed any offense covered in 


                        section 241(a)(2)(A)(ii), (A)(iii), 


                        (B), (C), or (D) of such Act (before 


                        redesignation under this subtitle), or


                            (iv) is inadmissible under section 


                        212(a)(3)(B) of such Act or deportable 


                        under section 241(a)(4)(B) of such Act 


                        (before redesignation under this 


                        subtitle),


                when the alien is released, without regard to 


                whether the alien is released on parole, 


                supervised release, or probation, and without 


                regard to whether the alien may be arrested or 


                imprisoned again for the same offense.


                    (B) Release.--The Attorney General may 


                release the alien only if the alien is an alien 


                described in subparagraph (A)(ii) or (A)(iii) 


                and--


                            (i) the alien was lawfully admitted 


                        to the United States and satisfies the 


                        Attorney General that the alien will 


                        not pose a danger to the safety of 


                        other persons or of property and is 


                        likely to appear for any scheduled 


                        proceeding, or


                            (ii) the alien was not lawfully 


                        admitted to the United States, cannot 


                        be removed because the designated 


                        country of removal will not accept the 


                        alien, and satisfies the Attorney 


                        General that the alien will not pose a 


                        danger to the safety of other persons 


                        or of property and is likely to appear 


                        for any scheduled proceeding.





SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF REMOVAL AND
ADJUSTMENT 


                    OF STATUS; VOLUNTARY DEPARTURE (REVISED AND NEW 


                    SECTIONS 239 TO 240C).





    (a) In General.--Chapter 4 of title II is amended--


            (1) by redesignating section 239 (8 U.S.C. 1229) as 


        section 234 and by moving such section to immediately 


        follow section 233;


            (2) by redesignating section 240 (8 U.S.C. 1230) as 


        section 240C; and


            (3) by inserting after section 238 the following 


        new sections:








                  ``initiation of removal proceedings








    ``Sec. 239. (a) Notice to Appear.--


            ``(1) In general.--In removal proceedings under 


        section 240, written notice (in this section referred 


        to as a `notice to appear') shall be given in person to 


        the alien (or, if personal service is not practicable, 


        through service by mail to the alien or to the alien's 


        counsel of record, if any) specifying the following:


                    ``(A) The nature of the proceedings against 


                the alien.


                    ``(B) The legal authority under which the 


                proceedings are conducted.


                    ``(C) The acts or conduct alleged to be in 


                violation of law.


                    ``(D) The charges against the alien and the 


                statutory provisions alleged to have been 


                violated.


                    ``(E) The alien may be represented by 


                counsel and the alien will be provided (i) a 


                period of time to secure counsel under 


                subsection (b)(1) and (ii) a current list of 


                counsel prepared under subsection (b)(2).


                    ``(F)(i) The requirement that the alien 


                must immediately provide (or have provided) the 


                Attorney General with a written record of an 


                address and telephone number (if any) at which 


                the alien may be contacted respecting 


                proceedings under section 240.


                    ``(ii) The requirement that the alien must 


                provide the Attorney General immediately with a 


                written record of any change of the alien's 


                address or telephone number.


                    ``(iii) The consequences under section 


                240(b)(5) of failure to provide address and 


                telephone information pursuant to this 


                subparagraph.


                    ``(G)(i) The time and place at which the 


                proceedings will be held.


                    ``(ii) The consequences under section 


                240(b)(5) of the failure, except under 


                exceptional circumstances, to appear at such 


                proceedings.


            ``(2) Notice of change in time or place of 


        proceedings.--


                    ``(A) In general.--In removal proceedings 


                under section 240, in the case of any change or 


                postponement in the time and place of such 


                proceedings, subject to subparagraph (B) a 


                written notice shall be given in person to the 


                alien (or, if personal service is not 


                practicable, through service by mail to the 


                alien or to the alien's counsel of record, if 


                any) specifying--


                            ``(i) the new time or place of the 


                        proceedings, and


                            ``(ii) the consequences under 


                        section 240(b)(5) of failing, except 


                        under exceptional circumstances, to 


                        attend such proceedings.


                    ``(B) Exception.--In the case of an alien 


                not in detention, a written notice shall not be 


                required under this paragraph if the alien has 


                failed to provide the address required under 


                paragraph (1)(F).


            ``(3) Central address files.--The Attorney General 


        shall create a system to record and preserve on a 


        timely basis notices of addresses and telephone numbers 


        (and changes) provided under paragraph (1)(F).


    ``(b) Securing of Counsel.--


            ``(1) In general.--In order that an alien be 


        permitted the opportunity to secure counsel before the 


        first hearing date in proceedings under section 240, 


        the hearing date shall not be scheduled earlier than 10 


        days after the service of the notice to appear, unless 


        the alien requests in writing an earlier hearing date.


            ``(2) Current lists of counsel.--The Attorney 


        General shall provide for lists (updated not less often 


        than quarterly) of persons who have indicated their 


        availability to represent pro bono aliens in 


        proceedings under section 240. Such lists shall be 


        provided under subsection (a)(1)(E) and otherwise made 


        generally available.


            ``(3) Rule of construction.--Nothing in this 


        subsection may be construed to prevent the Attorney 


        General from proceeding against an alien pursuant to 


        section 240 if the time period described in paragraph 


        (1) has elapsed and the alien has failed to secure 


        counsel.


    ``(c) Service by Mail.--Service by mail under this section 


shall be sufficient if there is proof of attempted delivery to 


the last address provided by the alien in accordance with 


subsection (a)(1)(F).


    ``(d) Prompt Initiation of Removal.--(1) In the case of an 


alien who is convicted of an offense which makes the alien 


deportable, the Attorney General shall begin any removal 


proceeding as expeditiously as possible after the date of the 


conviction.


    ``(2) Nothing in this subsection shall be construed to 


create any substantive or procedural right or benefit that is 


legally enforceable by any party against the United States or 


its agencies or officers or any other person.








                         ``removal proceedings








    ``Sec. 240. (a) Proceeding.--


            ``(1) In general.--An immigration judge shall 


        conduct proceedings for deciding the inadmissibility or 


        deportability of an alien.


            ``(2) Charges.--An alien placed in proceedings 


        under this section may be charged with any applicable 


        ground of inadmissibility under section 212(a) or any 


        applicable ground of deportability under section 


        237(a).


            ``(3) Exclusive procedures.--Unless otherwise 


        specified in this Act, a proceeding under this section 


        shall be the sole and exclusive procedure for 


        determining whether an alien may be admitted to the 


        United States or, if the alien has been so admitted, 


        removed from the United States. Nothing in this section 


        shall affect proceedings conducted pursuant to section 


        238.


    ``(b) Conduct of Proceeding.--


            ``(1) Authority of immigration judge.--The 


        immigration judge shall administer oaths, receive 


        evidence, and interrogate, examine, and cross-examine 


        the alien and any witnesses. The immigration judge may 


        issue subpoenas for the attendance of witnesses and 


        presentation of evidence. The immigration judge shall 


        have authority (under regulations prescribed by the 


        Attorney General) to sanction by civil money penalty 


        any action (or inaction) in contempt of the judge's 


        proper exercise of authority under this Act.


            ``(2) Form of proceeding.--


                    ``(A) In general.--The proceeding may take 


                place--


                            ``(i) in person,


                            ``(ii) where agreed to by the 


                        parties, in the absence of the alien,


                            ``(iii) through video conference, 


                        or


                            ``(iv) subject to subparagraph (B), 


                        through telephone conference.


                    ``(B) Consent required in certain cases.--


                An evidentiary hearing on the merits may only 


                be conducted through a telephone conference 


                with the consent of the alien involved after 


                the alien has been advised of the right to 


                proceed in person or through video conference.


            ``(3) Presence of alien.--If it is impracticable by 


        reason of an alien's mental incompetency for the alien 


        to be present at the proceeding, the Attorney General 


        shall prescribe safeguards to protect the rights and 


        privileges of the alien.


            ``(4) Aliens rights in proceeding.--In proceedings 


        under this section, under regulations of the Attorney 


        General--


                    ``(A) the alien shall have the privilege of 


                being represented, at no expense to the 


                Government, by counsel of the alien's choosing 


                who is authorized to practice in such 


                proceedings,


                    ``(B) the alien shall have a reasonable 


                opportunity to examine the evidence against the 


                alien, to present evidence on the alien's own 


                behalf, and to cross-examine witnesses 


                presented by the Government but these rights 


                shall not entitle the alien to examine such 


                national security information as the Government 


                may proffer in opposition to the alien's 


                admission to the United States or to an 


                application by the alien for discretionary 


                relief under this Act, and


                    ``(C) a complete record shall be kept of 


                all testimony and evidence produced at the 


                proceeding.


            ``(5) Consequences of failure to appear.--


                    ``(A) In general.--Any alien who, after 


                written notice required under paragraph (1) or 


                (2) of section 239(a) has been provided to the 


                alien or the alien's counsel of record, does 


                not attend a proceeding under this section, 


                shall be ordered removed in absentia if the 


                Service establishes by clear, unequivocal, and 


                convincing evidence that the written notice was 


                so provided and that the alien is removable (as 


                defined in subsection (e)(2)). The written 


                notice by the Attorney General shall be 


                considered sufficient for purposes of this 


                subparagraph if provided at the most recent 


                address provided under section 239(a)(1)(F).


                    ``(B) No notice if failure to provide 


                address information.--No written notice shall 


                be required under subparagraph (A) if the alien 


                has failed to provide the address required 


                under section 239(a)(1)(F).


                    ``(C) Rescission of order.--Such an order 


                may be rescinded only--


                            ``(i) upon a motion to reopen filed 


                        within 180 days after the date of the 


                        order of removal if the alien 


                        demonstrates that the failure to appear 


                        was because of exceptional 


                        circumstances (as defined in subsection 


                        (e)(1)), or


                            ``(ii) upon a motion to reopen 


                        filed at any time if the alien 


                        demonstrates that the alien did not 


                        receive notice in accordance with 


                        paragraph (1) or (2) of section 239(a) 


                        or the alien demonstrates that the 


                        alien was in Federal or State custody 


                        and the failure to appear was through 


                        no fault of the alien.





                The filing of the motion to reopen described in 


                clause (i) or (ii) shall stay the removal of 


                the alien pending disposition of the motion by 


                the immigration judge.


                    ``(D) Effect on judicial review.--Any 


                petition for review under section 242 of an 


                order entered in absentia under this paragraph 


                shall (except in cases described in section 


                242(b)(5)) be confined to (i) the validity of 


                the notice provided to the alien, (ii) the 


                reasons for the alien's not attending the 


                proceeding, and (iii) whether or not the alien 


                is removable.


                    ``(E) Additional application to certain 


                aliens in contiguous territory.--The preceding 


                provisions of this paragraph shall apply to all 


                aliens placed in proceedings under this 


                section, including any alien who remains in a 


                contiguous foreign territory pursuant to 


                section 235(b)(2)(C).


            ``(6) Treatment of frivolous behavior.--The 


        Attorney General shall, by regulation--


                    ``(A) define in a proceeding before an 


                immigration judge or before an appellate 


                administrative body under this title, frivolous 


                behavior for which attorneys may be sanctioned,


                    ``(B) specify the circumstances under which 


                an administrative appeal of a decision or 


                ruling will be considered frivolous and will be 


                summarily dismissed, and


                    ``(C) impose appropriate sanctions (which 


                may include suspension and disbarment) in the 


                case of frivolous behavior.





        Nothing in this paragraph shall be construed as 


        limiting the authority of the Attorney General to take 


        actions with respect to inappropriate behavior.


            ``(7) Limitation on discretionary relief for 


        failure to appear.--Any alien against whom a final 


        order of removal is entered in absentia under this 


        subsection and who, at the time of the notice described 


        in paragraph (1) or (2) of section 239(a), was provided 


        oral notice, either in the alien's native language or 


        in another language the alien understands, of the time 


        and place of the proceedings and of the consequences 


        under this paragraph of failing, other than because of 


        exceptional circumstances (as defined in subsection 


        (e)(1)) to attend a proceeding under this section, 


        shall not be eligible for relief under section 240A, 


        240B, 245, 248, or 249 for a period of 10 years after 


        the date of the entry of the final order of removal.


    ``(c) Decision and Burden of Proof.--


            ``(1) Decision.--


                    ``(A) In general.--At the conclusion of the 


                proceeding the immigration judge shall decide 


                whether an alien is removable from the United 


                States. The determination of the immigration 


                judge shall be based only on the evidence 


                produced at the hearing.


                    ``(B) Certain medical decisions.--If a 


                medical officer or civil surgeon or board of 


                medical officers has certified under section 


                232(b) that an alien has a disease, illness, or 


                addiction which would make the alien 


                inadmissible under paragraph (1) of section 


                212(a), the decision of the immigration judge 


                shall be based solely upon such certification.


            ``(2) Burden on alien.--In the proceeding the alien 


        has the burden of establishing--


                    ``(A) if the alien is an applicant for 


                admission, that the alien is clearly and beyond 


                doubt entitled to be admitted and is not 


                inadmissible under section 212; or


                    ``(B) by clear and convincing evidence, 


                that the alien is lawfully present in the 


                United States pursuant to a prior admission.





        In meeting the burden of proof under subparagraph (B), 


        the alien shall have access to the alien's visa or 


        other entry document, if any, and any other records and 


        documents, not considered by the Attorney General to be 


        confidential, pertaining to the alien's admission or 


        presence in the United States.


            ``(3) Burden on service in cases of deportable 


        aliens.--


                    ``(A) In general.--In the proceeding the 


                Service has the burden of establishing by clear 


                and convincing evidence that, in the case of an 


                alien who has been admitted to the United 


                States, the alien is deportable. No decision on 


                deportability shall be valid unless it is based 


                upon reasonable, substantial, and probative 


                evidence.


                    ``(B) Proof of convictions.--In any 


                proceeding under this Act, any of the following 


                documents or records (or a certified copy of 


                such an official document or record) shall 


                constitute proof of a criminal conviction:


                            ``(i) An official record of 


                        judgment and conviction.


                            ``(ii) An official record of plea, 


                        verdict, and sentence.


                            ``(iii) A docket entry from court 


                        records that indicates the existence of 


                        the conviction.


                            ``(iv) Official minutes of a court 


                        proceeding or a transcript of a court 


                        hearing in which the court takes notice 


                        of the existence of the conviction.


                            ``(v) An abstract of a record of 


                        conviction prepared by the court in 


                        which the conviction was entered, or by 


                        a State official associated with the 


                        State's repository of criminal justice 


                        records, that indicates the charge or 


                        section of law violated, the 


                        disposition of the case, the existence 


                        and date of conviction, and the 


                        sentence.


                            ``(vi) Any document or record 


                        prepared by, or under the direction of, 


                        the court in which the conviction was 


                        entered that indicates the existence of 


                        a conviction.


                            ``(vii) Any document or record 


                        attesting to the conviction that is 


                        maintained by an official of a State or 


                        Federal penal institution, which is the 


                        basis for that institution's authority 


                        to assume custody of the individual 


                        named in the record.


                    ``(C) Electronic records.--In any 


                proceeding under this Act, any record of 


                conviction or abstract that has been submitted 


                by electronic means to the Service from a State 


                or court shall be admissible as evidence to 


                prove a criminal conviction if it is--


                            ``(i) certified by a State official 


                        associated with the State's repository 


                        of criminal justice records as an 


                        official record from its repository or 


                        by a court official from the court in 


                        which the conviction was entered as an 


                        official record from its repository, 


                        and


                            ``(ii) certified in writing by a 


                        Service official as having been 


                        received electronically from the 


                        State's record repository or the 


                        court's record repository.


                A certification under clause (i) may be by 


                means of a computer-generated signature and 


                statement of authenticity.


            ``(4) Notice.--If the immigration judge decides 


        that the alien is removable and orders the alien to be 


        removed, the judge shall inform the alien of the right 


        to appeal that decision and of the consequences for 


        failure to depart under the order of removal, including 


        civil and criminal penalties.


            ``(5) Motions to reconsider.--


                    ``(A) In general.--The alien may file one 


                motion to reconsider a decision that the alien 


                is removable from the United States.


                    ``(B) Deadline.--The motion must be filed 


                within 30 days of the date of entry of a final 


                administrative order of removal.


                    ``(C) Contents.--The motion shall specify 


                the errors of law or fact in the previous order 


                and shall be supported by pertinent authority.


            ``(6) Motions to reopen.--


                    ``(A) In general.--An alien may file one 


                motion to reopen proceedings under this 


                section.


                    ``(B) Contents.--The motion to reopen shall 


                state the new facts that will be proven at a 


                hearing to be held if the motion is granted, 


                and shall be supported by affidavits or other 


                evidentiary material.


                    ``(C) Deadline.--


                            ``(i) In general.--Except as 


                        provided in this subparagraph, the 


                        motion to reopen shall be filed within 


                        90 days of the date of entry of a final 


                        administrative order of removal.


                            ``(ii) Asylum.--There is no time 


                        limit on the filing of a motion to 


                        reopen if the basis of the motion is to 


                        apply for relief under sections 208 or 


                        241(b)(3) and is based on changed 


                        country conditions arising in the 


                        country of nationality or the country 


                        to which removal has been ordered, if 


                        such evidence is material and was not 


                        available and would not have been 


                        discovered or presented at the previous 


                        proceeding.


                            ``(iii) Failure to appear.--The 


                        filing of a motion to reopen an order 


                        entered pursuant to subsection (b)(5) 


                        is subject to the deadline specified in 


                        subparagraph (C) of such subsection.


    ``(d) Stipulated Removal.--The Attorney General shall 


provide by regulation for the entry by an immigration judge of 


an order of removal stipulated to by the alien (or the alien's 


representative) and the Service. A stipulated order shall 


constitute a conclusive determination of the alien's 


removability from the United States.


    ``(e) Definitions.--In this section and section 240A:


            ``(1) Exceptional circumstances.--The term 


        `exceptional circumstances' refers to exceptional 


        circumstances (such as serious illness of the alien or 


        serious illness or death of the spouse, child, or 


        parent of the alien, but not including less compelling 


        circumstances) beyond the control of the alien.


            ``(2) Removable.--The term `removable' means--


                    ``(A) in the case of an alien not admitted 


                to the United States, that the alien is 


                inadmissible under section 212, or


                    ``(B) in the case of an alien admitted to 


                the United States, that the alien is deportable 


                under section 237.








            ``cancellation of removal; adjustment of status








    ``Sec. 240A. (a) Cancellation of Removal for Certain 


Permanent Residents.--The Attorney General may cancel removal 


in the case of an alien who is inadmissible or deportable from 


the United States if the alien--


            ``(1) has been an alien lawfully admitted for 


        permanent residence for not less than 5 years,


            ``(2) has resided in the United States continuously 


        for 7 years after having been admitted in any status, 


        and


            ``(3) has not been convicted of any aggravated 


        felony.


    ``(b) Cancellation of Removal and Adjustment of Status for 


Certain Nonpermanent Residents.--


            ``(1) In general.--The Attorney General may cancel 


        removal in the case of an alien who is inadmissible or 


        deportable from the United States if the alien--


                    ``(A) has been physically present in the 


                United States for a continuous period of not 


                less than 10 years immediately preceding the 


                date of such application;


                    ``(B) has been a person of good moral 


                character during such period;


                    ``(C) has not been convicted of an offense 


                under section 212(a)(2), 237(a)(2), or 


                237(a)(3); and


                    ``(D) establishes that removal would result 


                in exceptional and extremely unusual hardship 


                to the alien's spouse, parent, or child, who is 


                a citizen of the United States or an alien 


                lawfully admitted for permanent residence.


            ``(2) Special rule for battered spouse or child.--


        The Attorney General may cancel removal in the case of 


        an alien who is inadmissible or deportable from the 


        United States if the alien demonstrates that--


                    ``(A) the alien has been battered or 


                subjected to extreme cruelty in the United 


                States by a spouse or parent who is a United 


                States citizen or lawful permanent resident (or 


                is the parent of a child of a United States 


                citizen or lawful permanent resident and the 


                child has been battered or subjected to extreme 


                cruelty in the United States by such citizen or 


                permanent resident parent);


                    ``(B) the alien has been physically present 


                in the United States for a continuous period of 


                not less than 3 years immediately preceding the 


                date of such application;


                    ``(C) the alien has been a person of good 


                moral character during such period;


                    ``(D) the alien is not inadmissible under 


                paragraph (2) or (3) of section 212(a), is not 


                deportable under paragraph (1)(G) or (2) 


                through (4) of section 237(a), and has not been 


                convicted of an aggravated felony; and


                    ``(E) the removal would result in extreme 


                hardship to the alien, the alien's child, or 


                (in the case of an alien who is a child) to the 


                alien's parent.





        In acting on applications under this paragraph, the 


        Attorney General shall consider any credible evidence 


        relevant to the application. The determination of what 


        evidence is credible and the weight to be given that 


        evidence shall be within the sole discretion of the 


        Attorney General.


            ``(3) Adjustment of status.--The Attorney General 


        may adjust to the status of an alien lawfully admitted 


        for permanent residence any alien who the Attorney 


        General determines meets the requirements of paragraph 


        (1) or (2). The number of adjustments under this 


        paragraph shall not exceed 4,000 for any fiscal year. 


        The Attorney General shall record the alien's lawful 


        admission for permanent residence as of the date the 


        Attorney General's cancellation of removal under 


        paragraph (1) or (2) or determination under this 


        paragraph.


    ``(c) Aliens Ineligible for Relief.--The provisions of 


subsections (a) and (b)(1) shall not apply to any of the 


following aliens:


            ``(1) An alien who entered the United States as a 


        crewman subsequent to June 30, 1964.


            ``(2) An alien who was admitted to the United 


        States as a nonimmigrant exchange alien as defined in 


        section 101(a)(15)(J), or has acquired the status of 


        such a nonimmigrant exchange alien after admission, in 


        order to receive graduate medical education or 


        training, regardless of whether or not the alien is 


        subject to or has fulfilled the two-year foreign 


        residence requirement of section 212(e).


            ``(3) An alien who--


                    ``(A) was admitted to the United States as 


                a nonimmigrant exchange alien as defined in 


                section 101(a)(15)(J) or has acquired the 


                status of such a nonimmigrant exchange alien 


                after admission other than to receive graduate 


                medical education or training,


                    ``(B) is subject to the two-year foreign 


                residence requirement of section 212(e), and


                    ``(C) has not fulfilled that requirement or 


                received a waiver thereof.


            ``(4) An alien who is inadmissible under section 


        212(a)(3) or deportable under section 237(a)(4).


            ``(5) An alien who is described in section 


        241(b)(3)(B)(i).


            ``(6) An alien whose removal has previously been 


        cancelled under this section or whose deportation was 


        suspended under section 244(a) or who has been granted 


        relief under section 212(c), as such sections were in 


        effect before the date of the enactment of the Illegal 


        Immigration Reform and Immigrant Responsibility Act of 


        1996.


    ``(d) Special Rules Relating to Continuous Residence or 


Physical Presence.--


            ``(1) Termination of continuous period.--For 


        purposes of this section, any period of continuous 


        residence or continuous physical presence in the United 


        States shall be deemed to end when the alien is served 


        a notice to appear under section 239(a) or when the 


        alien has committed an offense referred to in section 


        212(a)(2) that renders the alien inadmissible to the 


        United States under section 212(a)(2) or removable from 


        the United States under section 237(a)(2) or 237(a)(4), 


        whichever is earliest.


            ``(2) Treatment of certain breaks in presence.--An 


        alien shall be considered to have failed to maintain 


        continuous physical presence in the United States under 


        subsections (b)(1) and (b)(2) if the alien has departed 


        from the United States for any period in excess of 90 


        days or for any periods in the aggregate exceeding 180 


        days.


            ``(3) Continuity not required because of honorable 


        service in armed forces and presence upon entry into 


        service.--The requirements of continuous residence or 


        continuous physical presence in the United States under 


        subsections (a) and (b) shall not apply to an alien 


        who--


                    ``(A) has served for a minimum period of 24 


                months in an active-duty status in the Armed 


                Forces of the United States and, if separated 


                from such service, was separated under 


                honorable conditions, and


                    ``(B) at the time of the alien's enlistment 


                or induction was in the United States.


    ``(e) Annual Limitation.--The Attorney General may not 


cancel the removal and adjust the status under this section, 


nor suspend the deportation and adjust the status under section 


244(a) (as in effect before the enactment of the Illegal 


Immigration Reform and Immigrant Responsibility Act of 1996), 


of a total of more than 4,000 aliens in any fiscal year. The 


previous sentence shall apply regardless of when an alien 


applied for such cancellation and adjustment and whether such 


an alien had previously applied for suspension of deportation 


under such section 244(a).








                         ``voluntary departure








    ``Sec. 240B. (a) Certain Conditions.--


            ``(1) In general.--The Attorney General may permit 


        an alien voluntarily to depart the United States at the 


        alien's own expense under this subsection, in lieu of 


        being subject to proceedings under section 240 or prior 


        to the completion of such proceedings, if the alien is 


        not deportable under section 237(a)(2)(A)(iii) or 


        section 237(a)(4)(B).


            ``(2) Period.--Permission to depart voluntarily 


        under this subsection shall not be valid for a period 


        exceeding 120 days.


            ``(3) Bond.--The Attorney General may require an 


        alien permitted to depart voluntarily under this 


        subsection to post a voluntary departure bond, to be 


        surrendered upon proof that the alien has departed the 


        United States within the time specified.


            ``(4) Treatment of aliens arriving in the united 


        states.--In the case of an alien who is arriving in the 


        United States and with respect to whom proceedings 


        under section 240 are (or would otherwise be) initiated 


        at the time of such alien's arrival, paragraph (1) 


        shall not apply. Nothing in this paragraph shall be 


        construed as preventing such an alien from withdrawing 


        the application for admission in accordance with 


        section 235(a)(4).


    ``(b) At Conclusion of Proceedings.--


            ``(1) In general.--The Attorney General may permit 


        an alien voluntarily to depart the United States at the 


        alien's own expense if, at the conclusion of a 


        proceeding under section 240, the immigration judge 


        enters an order granting voluntary departure in lieu of 


        removal and finds that--


                    ``(A) the alien has been physically present 


                in the United States for a period of at least 


                one year immediately preceding the date the 


                notice to appear was served under section 


                239(a);


                    ``(B) the alien is, and has been, a person 


                of good moral character for at least 5 years 


                immediately preceding the alien's application 


                for voluntary departure;


                    ``(C) the alien is not deportable under 


                section 237(a)(2)(A)(iii) or section 237(a)(4); 


                and


                    ``(D) the alien has established by clear 


                and convincing evidence that the alien has the 


                means to depart the United States and intends 


                to do so.


            ``(2) Period.--Permission to depart voluntarily 


        under this subsection shall not be valid for a period 


        exceeding 60 days.


            ``(3) Bond.--An alien permitted to depart 


        voluntarily under this subsection shall be required to 


        post a voluntary departure bond, in an amount necessary 


        to ensure that the alien will depart, to be surrendered 


        upon proof that the alien has departed the United 


        States within the time specified.


    ``(c) Aliens Not Eligible.--The Attorney General shall not 


permit an alien to depart voluntarily under this section if the 


alien was previously permitted to so depart after having been 


found inadmissible under section 212(a)(6)(A).


    ``(d) Civil Penalty for Failure to Depart.--If an alien is 


permitted to depart voluntarily under this section and fails 


voluntarily to depart the United States within the time period 


specified, the alien shall be subject to a civil penalty of not 


less than $1,000 and not more than $5,000, and be ineligible 


for a period of 10 years for any further relief under this 


section and sections 240A, 245, 248, and 249. The order 


permitting the alien to depart voluntarily shall inform the 


alien of the penalties under this subsection.


    ``(e) Additional Conditions.--The Attorney General may by 


regulation limit eligibility for voluntary departure under this 


section for any class or classes of aliens. No court may review 


any regulation issued under this subsection.


    ``(f) Judicial Review.--No court shall have jurisdiction 


over an appeal from denial of a request for an order of 


voluntary departure under subsection (b), nor shall any court 


order a stay of an alien's removal pending consideration of any 


claim with respect to voluntary departure.''.


    (b) Repeal of Section 212(c).--Section 212(c) (8 U.S.C. 


1182(c)) is repealed.


    (c) Streamlining Removal of Criminal Aliens.--


            (1) In general.--Section 242A(b)(4) (8 U.S.C. 


        1252a(b)(4)), as amended by section 442(a) of Public 


        Law 104-132 and before redesignation by section 


        308(b)(5), is amended--


                    (A) by striking subparagraph (D);


                    (B) by amending subparagraph (E) to read as 


                follows:


                    ``(D) a determination is made for the 


                record that the individual upon whom the notice 


                for the proceeding under this section is served 


                (either in person or by mail) is, in fact, the 


                alien named in such notice;''; and


                    (C) by redesignating subparagraphs (F) and 


                (G) as subparagraph (E) and (F), respectively.


            (2) Effective date.--The amendments made by 


        paragraph (1) shall be effective as if included in the 


        enactment of section 442(a) of Public Law 104-132.





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


                    241).





    (a) In General.--Title II is further amended--


            (1) by striking section 237 (8 U.S.C. 1227),


            (2) by redesignating section 241 (8 U.S.C. 1251) as 


        section 237 and by moving such section to immediately 


        follow section 236, and


            (3) by inserting after section 240C (as 


        redesignated by section 304(a)(2)) the following new 


        section:





           ``detention and removal of aliens ordered removed








    ``Sec. 241. (a) Detention, Release, and Removal of Aliens 


Ordered Removed.--


            ``(1) Removal period.--


                    ``(A) In general.--Except as otherwise 


                provided in this section, when an alien is 


                ordered removed, the Attorney General shall 


                remove the alien from the United States within 


                a period of 90 days (in this section referred 


                to as the `removal period').


                    ``(B) Beginning of period.--The removal 


                period begins on the latest of the following:


                            ``(i) The date the order of removal 


                        becomes administratively final.


                            ``(ii) If the removal order is 


                        judicially reviewed and if a court 


                        orders a stay of the removal of the 


                        alien, the date of the court's final 


                        order.


                            ``(iii) If the alien is detained or 


                        confined (except under an immigration 


                        process), the date the alien is 


                        released from detention or confinement.


                    ``(C) Suspension of period.--The removal 


                period shall be extended beyond a period of 90 


                days and the alien may remain in detention 


                during such extended period if the alien fails 


                or refuses to make timely application in good 


                faith for travel or other documents necessary 


                to the alien's departure or conspires or acts 


                to prevent the alien's removal subject to an 


                order of removal.


            ``(2) Detention.--During the removal period, the 


        Attorney General shall detain the alien. Under no 


        circumstance during the removal period shall the 


        Attorney General release an alien who has been found 


        inadmissible under section 212(a)(2) or 212(a)(3)(B) or 


        deportable under section 237(a)(2) or 237(a)(4)(B).


            ``(3) Supervision after 90-day period.--If the 


        alien does not leave or is not removed within the 


        removal period, the alien, pending removal, shall be 


        subject to supervision under regulations prescribed by 


        the Attorney General. The regulations shall include 


        provisions requiring the alien--


                    ``(A) to appear before an immigration 


                officer periodically for identification;


                    ``(B) to submit, if necessary, to a medical 


                and psychiatric examination at the expense of 


                the United States Government;


                    ``(C) to give information under oath about 


                the alien's nationality, circumstances, habits, 


                associations, and activities, and other 


                information the Attorney General considers 


                appropriate; and


                    ``(D) to obey reasonable written 


                restrictions on the alien's conduct or 


                activities that the Attorney General prescribes 


                for the alien.


            ``(4) Aliens imprisoned, arrested, or on parole, 


        supervised release, or probation.--


                    ``(A) In general.--Except as provided in 


                section 343(a) of the Public Health Service Act 


                (42 U.S.C. 259(a)) and paragraph (2), the 


                Attorney General may not remove an alien who is 


                sentenced to imprisonment until the alien is 


                released from imprisonment. Parole, supervised 


                release, probation, or possibility of arrest or 


                further imprisonment is not a reason to defer 


                removal.


                    ``(B) Exception for removal of nonviolent 


                offenders prior to completion of sentence of 


                imprisonment.--The Attorney General is 


                authorized to remove an alien in accordance 


                with applicable procedures under this Act 


                before the alien has completed a sentence of 


                imprisonment--


                            ``(i) in the case of an alien in 


                        the custody of the Attorney General, if 


                        the Attorney General determines that 


                        (I) the alien is confined pursuant to a 


                        final conviction for a nonviolent 


                        offense (other than an offense related 


                        to smuggling or harboring of aliens or 


                        an offense described in section 


                        101(a)(43)(B), (C), (E), (I), or (L) 


                        and (II) the removal of the alien is 


                        appropriate and in the best interest of 


                        the United States; or


                            ``(ii) in the case of an alien in 


                        the custody of a State (or a political 


                        subdivision of a State), if the chief 


                        State official exercising authority 


                        with respect to the incarceration of 


                        the alien determines that (I) the alien 


                        is confined pursuant to a final 


                        conviction for a nonviolent offense 


                        (other than an offense described in 


                        section 101(a)(43)(C) or (E)), (II) the 


                        removal is appropriate and in the best 


                        interest of the State, and (III) 


                        submits a written request to the 


                        Attorney General that such alien be so 


                        removed.


                    ``(C) Notice.--Any alien removed pursuant 


                to this paragraph shall be notified of the 


                penalties under the laws of the United States 


                relating to the reentry of deported aliens, 


                particularly the expanded penalties for aliens 


                removed under subparagraph (B).


                    ``(D) No private right.--No cause or claim 


                may be asserted under this paragraph against 


                any official of the United States or of any 


                State to compel the release, removal, or 


                consideration for release or removal of any 


                alien.


            ``(5) Reinstatement of removal orders against 


        aliens illegally reentering.--If the Attorney General 


        finds that an alien has reentered the United States 


        illegally after having been removed or having departed 


        voluntarily, under an order of removal, the prior order 


        of removal is reinstated from its original date and is 


        not subject to being reopened or reviewed, the alien is 


        not eligible and may not apply for any relief under 


        this Act, and the alien shall be removed under the 


        prior order at any time after the reentry.


            ``(6) Inadmissible or criminal aliens.--An alien 


        ordered removed who is inadmissible under section 212, 


        removable under section 237(a)(1)(C), 237(a)(2), or 


        237(a)(4) or who has been determined by the Attorney 


        General to be a risk to the community or unlikely to 


        comply with the order of removal, may be detained 


        beyond the removal period and, if released, shall be 


        subject to the terms of supervision in paragraph (3).


            ``(7) Employment authorization.--No alien ordered 


        removed shall be eligible to receive authorization to 


        be employed in the United States unless the Attorney 


        General makes a specific finding that--


                    ``(A) the alien cannot be removed due to 


                the refusal of all countries designated by the 


                alien or under this section to receive the 


                alien, or


                    ``(B) the removal of the alien is otherwise 


                impracticable or contrary to the public 


                interest.


    ``(b) Countries to Which Aliens May Be Removed.--


            ``(1) Aliens arriving at the united states.--


        Subject to paragraph (3)--


                    ``(A) In general.--Except as provided by 


                subparagraphs (B) and (C), an alien who arrives 


                at the United States and with respect to whom 


                proceedings under section 240 were initiated at 


                the time of such alien's arrival shall be 


                removed to the country in which the alien 


                boarded the vessel or aircraft on which the 


                alien arrived in the United States.


                    ``(B) Travel from contiguous territory.--If 


                the alien boarded the vessel or aircraft on 


                which the alien arrived in the United States in 


                a foreign territory contiguous to the United 


                States, an island adjacent to the United 


                States, or an island adjacent to a foreign 


                territory contiguous to the United States, and 


                the alien is not a native, citizen, subject, or 


                national of, or does not reside in, the 


                territory or island, removal shall be to the 


                country in which the alien boarded the vessel 


                that transported the alien to the territory or 


                island.


                    ``(C) Alternative countries.--If the 


                government of the country designated in 


                subparagraph (A) or (B) is unwilling to accept 


                the alien into that country's territory, 


                removal shall be to any of the following 


                countries, as directed by the Attorney General:


                            ``(i) The country of which the 


                        alien is a citizen, subject, or 


                        national.


                            ``(ii) The country in which the 


                        alien was born.


                            ``(iii) The country in which the 


                        alien has a residence.


                            ``(iv) A country with a government 


                        that will accept the alien into the 


                        country's territory if removal to each 


                        country described in a previous clause 


                        of this subparagraph is impracticable, 


                        inadvisable, or impossible.


            ``(2) Other aliens.--Subject to paragraph (3)--


                    ``(A) Selection of country by alien.--


                Except as otherwise provided in this 


                paragraph--


                            ``(i) any alien not described in 


                        paragraph (1) who has been ordered 


                        removed may designate one country to 


                        which the alien wants to be removed, 


                        and


                            ``(ii) the Attorney General shall 


                        remove the alien to the country the 


                        alien so designates.


                    ``(B) Limitation on designation.--An alien 


                may designate under subparagraph (A)(i) a 


                foreign territory contiguous to the United 


                States, an adjacent island, or an island 


                adjacent to a foreign territory contiguous to 


                the United States as the place to which the 


                alien is to be removed only if the alien is a 


                native, citizen, subject, or national of, or 


                has resided in, that designated territory or 


                island.


                    ``(C) Disregarding designation.--The 


                Attorney General may disregard a designation 


                under subparagraph (A)(i) if--


                            ``(i) the alien fails to designate 


                        a country promptly;


                            ``(ii) the government of the 


                        country does not inform the Attorney 


                        General finally, within 30 days after 


                        the date the Attorney General first 


                        inquires, whether the government will 


                        accept the alien into the country;


                            ``(iii) the government of the 


                        country is not willing to accept the 


                        alien into the country; or


                            ``(iv) the Attorney General decides 


                        that removing the alien to the country 


                        is prejudicial to the United States.


                    ``(D) Alternative country.--If an alien is 


                not removed to a country designated under 


                subparagraph (A)(i), the Attorney General shall 


                remove the alien to a country of which the 


                alien is a subject, national, or citizen unless 


                the government of the country--


                            ``(i) does not inform the Attorney 


                        General or the alien finally, within 30 


                        days after the date the Attorney 


                        General first inquires or within 


                        another period of time the Attorney 


                        General decides is reasonable, whether 


                        the government will accept the alien 


                        into the country; or


                            ``(ii) is not willing to accept the 


                        alien into the country.


                    ``(E) Additional removal countries.--If an 


                alien is not removed to a country under the 


                previous subparagraphs of this paragraph, the 


                Attorney General shall remove the alien to any 


                of the following countries:


                            ``(i) The country from which the 


                        alien was admitted to the United 


                        States.


                            ``(ii) The country in which is 


                        located the foreign port from which the 


                        alien left for the United States or for 


                        a foreign territory contiguous to the 


                        United States.


                            ``(iii) A country in which the 


                        alien resided before the alien entered 


                        the country from which the alien 


                        entered the United States.


                            ``(iv) The country in which the 


                        alien was born.


                            ``(v) The country that had 


                        sovereignty over the alien's birthplace 


                        when the alien was born.


                            ``(vi) The country in which the 


                        alien's birthplace is located when the 


                        alien is ordered removed.


                            ``(vii) If impracticable, 


                        inadvisable, or impossible to remove 


                        the alien to each country described in 


                        a previous clause of this subparagraph, 


                        another country whose government will 


                        accept the alien into that country.


                    ``(F) Removal country when united states is 


                at war.--When the United States is at war and 


                the Attorney General decides that it is 


                impracticable, inadvisable, inconvenient, or 


                impossible to remove an alien under this 


                subsection because of the war, the Attorney 


                General may remove the alien--


                            ``(i) to the country that is host 


                        to a government in exile of the country 


                        of which the alien is a citizen or 


                        subject if the government of the host 


                        country will permit the alien's entry; 


                        or


                            ``(ii) if the recognized government 


                        of the country of which the alien is a 


                        citizen or subject is not in exile, to 


                        a country, or a political or 


                        territorial subdivision of a country, 


                        that is very near the country of which 


                        the alien is a citizen or subject, or, 


                        with the consent of the government of 


                        the country of which the alien is a 


                        citizen or subject, to another country.


            ``(3) Restriction on removal to a country where 


        alien's life or freedom would be threatened.--


                    ``(A) In general.--Notwithstanding 


                paragraphs (1) and (2), the Attorney General 


                may not remove an alien to a country if the 


                Attorney General decides that the alien's life 


                or freedom would be threatened in that country 


                because of the alien's race, religion, 


                nationality, membership in a particular social 


                group, or political opinion.


                    ``(B) Exception.--Subparagraph (A) does not 


                apply to an alien deportable under section 


                237(a)(4)(D) or if the Attorney General decides 


                that--


                            ``(i) the alien ordered, incited, 


                        assisted, or otherwise participated in 


                        the persecution of an individual 


                        because of the individual's race, 


                        religion, nationality, membership in a 


                        particular social group, or political 


                        opinion;


                            ``(ii) the alien, having been 


                        convicted by a final judgment of a 


                        particularly serious crime is a danger 


                        to the community of the United States;


                            ``(iii) there are serious reasons 


                        to believe that the alien committed a 


                        serious nonpolitical crime outside the 


                        United States before the alien arrived 


                        in the United States; or


                            ``(iv) there are reasonable grounds 


                        to believe that the alien is a danger 


                        to the security of the United States.





                For purposes of clause (ii), an alien who has 


                been convicted of an aggravated felony (or 


                felonies) for which the alien has been 


                sentenced to an aggregate term of imprisonment 


                of at least 5 years shall be considered to have 


                committed a particularly serious crime. The 


                previous sentence shall not preclude the 


                Attorney General from determining that, 


                notwithstanding the length of sentence imposed, 


                an alien has been convicted of a particularly 


                serious crime. For purposes of clause (iv), an 


                alien who is described in section 237(a)(4)(B) 


                shall be considered to be an alien with respect 


                to whom there are reasonable grounds for 


                regarding as a danger to the security of the 


                United States.


    ``(c) Removal of Aliens Arriving at Port of Entry.--


            ``(1) Vessels and aircraft.--An alien arriving at a 


        port of entry of the United States who is ordered 


        removed either without a hearing under section 


        235(b)(1) or 235(c) or pursuant to proceedings under 


        section 240 initiated at the time of such alien's 


        arrival shall be removed immediately on a vessel or 


        aircraft owned by the owner of the vessel or aircraft 


        on which the alien arrived in the United States, 


        unless--


                    ``(A) it is impracticable to remove the 


                alien on one of those vessels or aircraft 


                within a reasonable time, or


                    ``(B) the alien is a stowaway--


                            ``(i) who has been ordered removed 


                        in accordance with section 235(a)(1),


                            ``(ii) who has requested asylum, 


                        and


                            ``(iii) whose application has not 


                        been adjudicated or whose asylum 


                        application has been denied but who has 


                        not exhausted all appeal rights.


            ``(2) Stay of removal.--


                    ``(A) In general.--The Attorney General may 


                stay the removal of an alien under this 


                subsection if the Attorney General decides 


                that--


                            ``(i) immediate removal is not 


                        practicable or proper; or


                            ``(ii) the alien is needed to 


                        testify in the prosecution of a person 


                        for a violation of a law of the United 


                        States or of any State.


                    ``(B) Payment of detention costs.--During 


                the period an alien is detained because of a 


                stay of removal under subparagraph (A)(ii), the 


                Attorney General may pay from the appropriation 


                `Immigration and Naturalization Service--


                Salaries and Expenses'--


                            ``(i) the cost of maintenance of 


                        the alien; and


                            ``(ii) a witness fee of $1 a day.


                    ``(C) Release during stay.--The Attorney 


                General may release an alien whose removal is 


                stayed under subparagraph (A)(ii) on--


                            ``(i) the alien's filing a bond of 


                        at least $500 with security approved by 


                        the Attorney General;


                            ``(ii) condition that the alien 


                        appear when required as a witness and 


                        for removal; and


                            ``(iii) other conditions the 


                        Attorney General may prescribe.


            ``(3) Costs of detention and maintenance pending 


        removal.--


                    ``(A) In general.--Except as provided in 


                subparagraph (B) and subsection (d), an owner 


                of a vessel or aircraft bringing an alien to 


                the United States shall pay the costs of 


                detaining and maintaining the alien--


                            ``(i) while the alien is detained 


                        under subsection (d)(1), and


                            ``(ii) in the case of an alien who 


                        is a stowaway, while the alien is being 


                        detained pursuant to--


                                    ``(I) subsection (d)(2)(A) 


                                or (d)(2)(B)(i),


                                    ``(II) subsection (d)(2)(B) 


                                (ii) or (iii) for the period of 


                                time reasonably necessary for 


                                the owner to arrange for 


                                repatriation or removal of the 


                                stowaway, including obtaining 


                                necessary travel documents, but 


                                not to extend beyond the date 


                                on which it is ascertained that 


                                such travel documents cannot be 


                                obtained from the country to 


                                which the stowaway is to be 


                                returned, or


                                    ``(III) section 


                                235(b)(1)(B)(ii), for a period 


                                not to exceed 15 days 


                                (excluding Saturdays, Sundays, 


                                and holidays) commencing on the 


                                first such day which begins on 


                                the earlier of 72 hours after 


                                the time of the initial 


                                presentation of the stowaway 


                                for inspection or at the time 


                                the stowaway is determined to 


                                have a credible fear of 


                                persecution.


                    ``(B) Nonapplication.--Subparagraph (A) 


                shall not apply if--


                            ``(i) the alien is a crewmember;


                            ``(ii) the alien has an immigrant 


                        visa;


                            ``(iii) the alien has a 


                        nonimmigrant visa or other 


                        documentation authorizing the alien to 


                        apply for temporary admission to the 


                        United States and applies for admission 


                        not later than 120 days after the date 


                        the visa or documentation was issued;


                            ``(iv) the alien has a reentry 


                        permit and applies for admission not 


                        later than 120 days after the date of 


                        the alien's last inspection and 


                        admission;


                            ``(v)(I) the alien has a 


                        nonimmigrant visa or other 


                        documentation authorizing the alien to 


                        apply for temporary admission to the 


                        United States or a reentry permit;


                            ``(II) the alien applies for 


                        admission more than 120 days after the 


                        date the visa or documentation was 


                        issued or after the date of the last 


                        inspection and admission under the 


                        reentry permit; and


                            ``(III) the owner of the vessel or 


                        aircraft satisfies the Attorney General 


                        that the existence of the condition 


                        relating to inadmissibility could not 


                        have been discovered by exercising 


                        reasonable care before the alien 


                        boarded the vessel or aircraft; or


                            ``(vi) the individual claims to be 


                        a national of the United States and has 


                        a United States passport.


     ``(d) Requirements of Persons Providing Transportation.--


            ``(1) Removal at time of arrival.--An owner, agent, 


        master, commanding officer, person in charge, purser, 


        or consignee of a vessel or aircraft bringing an alien 


        (except an alien crewmember) to the United States 


        shall--


                    ``(A) receive an alien back on the vessel 


                or aircraft or another vessel or aircraft owned 


                or operated by the same interests if the alien 


                is ordered removed under this part; and


                    ``(B) take the alien to the foreign country 


                to which the alien is ordered removed.


            ``(2) Alien stowaways.--An owner, agent, master, 


        commanding officer, charterer, or consignee of a vessel 


        or aircraft arriving in the United States with an alien 


        stowaway--


                    ``(A) shall detain the alien on board the 


                vessel or aircraft, or at such place as the 


                Attorney General shall designate, until 


                completion of the inspection of the alien by an 


                immigration officer;


                    ``(B) may not permit the stowaway to land 


                in the United States, except pursuant to 


                regulations of the Attorney General 


                temporarily--


                            ``(i) for medical treatment,


                            ``(ii) for detention of the 


                        stowaway by the Attorney General, or


                            ``(iii) for departure or removal of 


                        the stowaway; and


                    ``(C) if ordered by an immigration officer, 


                shall remove the stowaway on the vessel or 


                aircraft or on another vessel or aircraft.


        The Attorney General shall grant a timely request to 


        remove the stowaway under subparagraph (C) on a vessel 


        or aircraft other than that on which the stowaway 


        arrived if the requester has obtained any travel 


        documents necessary for departure or repatriation of 


        the stowaway and removal of the stowaway will not be 


        unreasonably delayed.


            ``(3) Removal upon order.--An owner, agent, master, 


        commanding officer, person in charge, purser, or 


        consignee of a vessel, aircraft, or other 


        transportation line shall comply with an order of the 


        Attorney General to take on board, guard safely, and 


        transport to the destination specified any alien 


        ordered to be removed under this Act.


    ``(e) Payment of Expenses of Removal.--


            ``(1) Costs of removal at time of arrival.--In the 


        case of an alien who is a stowaway or who is ordered 


        removed either without a hearing under section 


        235(a)(1) or 235(c) or pursuant to proceedings under 


        section 240 initiated at the time of such alien's 


        arrival, the owner of the vessel or aircraft (if any) 


        on which the alien arrived in the United States shall 


        pay the transportation cost of removing the alien. If 


        removal is on a vessel or aircraft not owned by the 


        owner of the vessel or aircraft on which the alien 


        arrived in the United States, the Attorney General 


        may--


                    ``(A) pay the cost from the appropriation 


                `Immigration and Naturalization Service--


                Salaries and Expenses'; and


                    ``(B) recover the amount of the cost in a 


                civil action from the owner, agent, or 


                consignee of the vessel or aircraft (if any) on 


                which the alien arrived in the United States.


            ``(2) Costs of removal to port of removal for 


        aliens admitted or permitted to land.--In the case of 


        an alien who has been admitted or permitted to land and 


        is ordered removed, the cost (if any) of removal of the 


        alien to the port of removal shall be at the expense of 


        the appropriation for the enforcement of this Act.


            ``(3) Costs of removal from port of removal for 


        aliens admitted or permitted to land.--


                    ``(A) Through appropriation.--Except as 


                provided in subparagraph (B), in the case of an 


                alien who has been admitted or permitted to 


                land and is ordered removed, the cost (if any) 


                of removal of the alien from the port of 


                removal shall be at the expense of the 


                appropriation for the enforcement of this Act.


                    ``(B) Through owner.--


                            ``(i) In general.--In the case of 


                        an alien described in clause (ii), the 


                        cost of removal of the alien from the 


                        port of removal may be charged to any 


                        owner of the vessel, aircraft, or other 


                        transportation line by which the alien 


                        came to the United States.


                            ``(ii) Aliens described.--An alien 


                        described in this clause is an alien 


                        who--


                                    ``(I) is admitted to the 


                                United States (other than 


                                lawfully admitted for permanent 


                                residence) and is ordered 


                                removed within 5 years of the 


                                date of admission based on a 


                                ground that existed before or 


                                at the time of admission, or


                                    ``(II) is an alien crewman 


                                permitted to land temporarily 


                                under section 252 and is 


                                ordered removed within 5 years 


                                of the date of landing.


                    ``(C) Costs of removal of certain aliens 


                granted voluntary departure.--In the case of an 


                alien who has been granted voluntary departure 


                under section 240B and who is financially 


                unable to depart at the alien's own expense and 


                whose removal the Attorney General deems to be 


                in the best interest of the United States, the 


                expense of such removal may be paid from the 


                appropriation for the enforcement of this Act.


    ``(f) Aliens Requiring Personal Care During Removal.--


            ``(1) In general.--If the Attorney General believes 


        that an alien being removed requires personal care 


        because of the alien's mental or physical condition, 


        the Attorney General may employ a suitable person for 


        that purpose who shall accompany and care for the alien 


        until the alien arrives at the final destination.


            ``(2) Costs.--The costs of providing the service 


        described in paragraph (1) shall be defrayed in the 


        same manner as the expense of removing the accompanied 


        alien is defrayed under this section.


    ``(g) Places of Detention.--


            ``(1) In general.--The Attorney General shall 


        arrange for appropriate places of detention for aliens 


        detained pending removal or a decision on removal. When 


        United States Government facilities are unavailable or 


        facilities adapted or suitably located for detention 


        are unavailable for rental, the Attorney General may 


        expend from the appropriation `Immigration and 


        Naturalization Service--Salaries and Expenses', without 


        regard to section 3709 of the Revised Statutes (41 


        U.S.C. 5), amounts necessary to acquire land and to 


        acquire, build, remodel, repair, and operate facilities 


        (including living quarters for immigration officers if 


        not otherwise available) necessary for detention.


            ``(2) Detention facilities of the immigration and 


        naturalization service.--Prior to initiating any 


        project for the construction of any new detention 


        facility for the Service, the Commissioner shall 


        consider the availability for purchase or lease of any 


        existing prison, jail, detention center, or other 


        comparable facility suitable for such use.


    ``(h) Statutory Construction.--Nothing in this section 


shall be construed to create any substantive or procedural 


right or benefit that is legally enforceable by any party 


against the United States or its agencies or officers or any 


other person.''.


    (b) Reentry of Alien Removed Prior to Completion of Term of 


Imprisonment.--Section 276(b) (8 U.S.C. 1326(b)), as amended by 


section 321(b), is amended--


            (1) by striking ``or'' at the end of paragraph (2),


            (2) by adding ``or'' at the end of paragraph (3), 


        and


            (3) by inserting after paragraph (3) the following 


        new paragraph:


            ``(4) who was removed from the United States 


        pursuant to section 241(a)(4)(B) who thereafter, 


        without the permission of the Attorney General, enters, 


        attempts to enter, or is at any time found in, the 


        United States (unless the Attorney General has 


        expressly consented to such alien's reentry) shall be 


        fined under title 18, United States Code, imprisoned 


        for not more than 10 years, or both.


    (c) Miscellaneous Conforming Amendment.--Section 212(a)(4) 


(8 U.S.C. 1182(a)(4)), as amended by section 621(a), is amended 


by striking ``241(a)(5)(B)'' each place it appears and 


inserting ``237(a)(5)(B)''.





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





    (a) In General.--Section 242 (8 U.S.C. 1252) is amended--


            (1) by redesignating subsection (j) as subsection 


        (i) and by moving such subsection and adding it at the 


        end of section 241, as inserted by section 305(a)(3); 


        and


            (2) by amending the remainder of section 242 to 


        read as follows:








                 ``judicial review of orders of removal








    ``Sec. 242. (a) Applicable Provisions.--


            ``(1) General orders of removal.--Judicial review 


        of a final order of removal (other than an order of 


        removal without a hearing pursuant to section 


        235(b)(1)) is governed only by chapter 158 of title 28 


        of the United States Code, except as provided in 


        subsection (b) and except that the court may not order 


        the taking of additional evidence under section 2347(c) 


        of such title.


            ``(2) Matters not subject to judicial review.--


                    ``(A) Review relating to section 


                235(b)(1).--Notwithstanding any other provision 


                of law, no court shall have jurisdiction to 


                review--


                            ``(i) except as provided in 


                        subsection (e), any individual 


                        determination or to entertain any other 


                        cause or claim arising from or relating 


                        to the implementation or operation of 


                        an order of removal pursuant to section 


                        235(b)(1),


                            ``(ii) except as provided in 


                        subsection (e), a decision by the 


                        Attorney General to invoke the 


                        provisions of such section,


                            ``(iii) the application of such 


                        section to individual aliens, including 


                        the determination made under section 


                        235(b)(1)(B), or


                            ``(iv) except as provided in 


                        subsection (e), procedures and policies 


                        adopted by the Attorney General to 


                        implement the provisions of section 


                        235(b)(1).


                    ``(B) Denials of discretionary relief.--


                Notwithstanding any other provision of law, no 


                court shall have jurisdiction to review--


                            ``(i) any judgment regarding the 


                        granting of relief under section 


                        212(h), 212(i), 240A, 240B, or 245, or


                            ``(ii) any other decision or action 


                        of the Attorney General the authority 


                        for which is specified under this title 


                        to be in the discretion of the Attorney 


                        General, other than the granting of 


                        relief under section 208(a).


                    ``(C) Orders against criminal aliens.--


                Notwithstanding any other provision of law, no 


                court shall have jurisdiction to review any 


                final order of removal against an alien who is 


                removable by reason of having committed a 


                criminal offense covered in section 212(a)(2) 


                or 237(a)(2)(A)(iii), (B), (C), or (D), or any 


                offense covered by section 237(a)(2)(A)(ii) for 


                which both predicate offenses are, without 


                regard to their date of commission, otherwise 


                covered by section 237(a)(2)(A)(i).


            ``(3) Treatment of certain decisions.--No alien 


        shall have a right to appeal from a decision of an 


        immigration judge which is based solely on a 


        certification described in section 240(c)(1)(B).


    ``(b) Requirements for Review of Orders of Removal.--With 


respect to review of an order of removal under subsection 


(a)(1), the following requirements apply:


            ``(1) Deadline.--The petition for review must be 


        filed not later than 30 days after the date of the 


        final order of removal.


            ``(2) Venue and forms.--The petition for review 


        shall be filed with the court of appeals for the 


        judicial circuit in which the immigration judge 


        completed the proceedings. The record and briefs do not 


        have to be printed. The court of appeals shall review 


        the proceeding on a typewritten record and on 


        typewritten briefs.


            ``(3) Service.--


                    ``(A) In general.--The respondent is the 


                Attorney General. The petition shall be served 


                on the Attorney General and on the officer or 


                employee of the Service in charge of the 


                Service district in which the final order of 


                removal under section 240 was entered.


                    ``(B) Stay of order.--Service of the 


                petition on the officer or employee does not 


                stay the removal of an alien pending the 


                court's decision on the petition, unless the 


                court orders otherwise.


                    ``(C) Alien's brief.--The alien shall serve 


                and file a brief in connection with a petition 


                for judicial review not later than 40 days 


                after the date on which the administrative 


                record is available, and may serve and file a 


                reply brief not later than 14 days after 


                service of the brief of the Attorney General, 


                and the court may not extend these deadlines 


                except upon motion for good cause shown. If an 


                alien fails to file a brief within the time 


                provided in this paragraph, the court shall 


                dismiss the appeal unless a manifest injustice 


                would result.


            ``(4) Scope and standard for review.--Except as 


        provided in paragraph (5)(B)--


                    ``(A) the court of appeals shall decide the 


                petition only on the administrative record on 


                which the order of removal is based,


                    ``(B) the administrative findings of fact 


                are conclusive unless any reasonable 


                adjudicator would be compelled to conclude to 


                the contrary,


                    ``(C) a decision that an alien is not 


                eligible for admission to the United States is 


                conclusive unless manifestly contrary to law, 


                and


                    ``(D) the Attorney General's discretionary 


                judgment whether to grant relief under section 


                208(a) shall be conclusive unless manifestly 


                contrary to the law and an abuse of discretion.


            ``(5) Treatment of nationality claims.--


                    ``(A) Court determination if no issue of 


                fact.--If the petitioner claims to be a 


                national of the United States and the court of 


                appeals finds from the pleadings and affidavits 


                that no genuine issue of material fact about 


                the petitioner's nationality is presented, the 


                court shall decide the nationality claim.


                    ``(B) Transfer if issue of fact.--If the 


                petitioner claims to be a national of the 


                United States and the court of appeals finds 


                that a genuine issue of material fact about the 


                petitioner's nationality is presented, the 


                court shall transfer the proceeding to the 


                district court of the United States for the 


                judicial district in which the petitioner 


                resides for a new hearing on the nationality 


                claim and a decision on that claim as if an 


                action had been brought in the district court 


                under section 2201 of title 28, United States 


                Code.


                    ``(C) Limitation on determination.--The 


                petitioner may have such nationality claim 


                decided only as provided in this paragraph.


            ``(6) Consolidation with review of motions to 


        reopen or reconsider.--When a petitioner seeks review 


        of an order under this section, any review sought of a 


        motion to reopen or reconsider the order shall be 


        consolidated with the review of the order.


            ``(7) Challenge to validity of orders in certain 


        criminal proceedings.--


                    ``(A) In general.--If the validity of an 


                order of removal has not been judicially 


                decided, a defendant in a criminal proceeding 


                charged with violating section 243(a) may 


                challenge the validity of the order in the 


                criminal proceeding only by filing a separate 


                motion before trial. The district court, 


                without a jury, shall decide the motion before 


                trial.


                    ``(B) Claims of united states 


                nationality.--If the defendant claims in the 


                motion to be a national of the United States 


                and the district court finds that--


                            ``(i) no genuine issue of material 


                        fact about the defendant's nationality 


                        is presented, the court shall decide 


                        the motion only on the administrative 


                        record on which the removal order is 


                        based and the administrative findings 


                        of fact are conclusive if supported by 


                        reasonable, substantial, and probative 


                        evidence on the record considered as a 


                        whole; or


                            ``(ii) a genuine issue of material 


                        fact about the defendant's nationality 


                        is presented, the court shall hold a 


                        new hearing on the nationality claim 


                        and decide that claim as if an action 


                        had been brought under section 2201 of 


                        title 28, United States Code.





                The defendant may have such nationality claim 


                decided only as provided in this subparagraph.


                    ``(C) Consequence of invalidation.--If the 


                district court rules that the removal order is 


                invalid, the court shall dismiss the indictment 


                for violation of section 243(a). The United 


                States Government may appeal the dismissal to 


                the court of appeals for the appropriate 


                circuit within 30 days after the date of the 


                dismissal.


                    ``(D) Limitation on filing petitions for 


                review.--The defendant in a criminal proceeding 


                under section 243(a) may not file a petition 


                for review under subsection (a) during the 


                criminal proceeding.


            ``(8) Construction.--This subsection--


                    ``(A) does not prevent the Attorney 


                General, after a final order of removal has 


                been issued, from detaining the alien under 


                section 241(a);


                    ``(B) does not relieve the alien from 


                complying with section 241(a)(4) and section 


                243(g); and


                    ``(C) does not require the Attorney General 


                to defer removal of the alien.


            ``(9) Consolidation of questions for judicial 


        review.--Judicial review of all questions of law and 


        fact, including interpretation and application of 


        constitutional and statutory provisions, arising from 


        any action taken or proceeding brought to remove an 


        alien from the United States under this title shall be 


        available only in judicial review of a final order 


        under this section.


    ``(c) Requirements for Petition.--A petition for review or 


for habeas corpus of an order of removal--


            ``(1) shall attach a copy of such order, and


            ``(2) shall state whether a court has upheld the 


        validity of the order, and, if so, shall state the name 


        of the court, the date of the court's ruling, and the 


        kind of proceeding.


    ``(d) Review of Final Orders.--A court may review a final 


order of removal only if--


            ``(1) the alien has exhausted all administrative 


        remedies available to the alien as of right, and


            ``(2) another court has not decided the validity of 


        the order, unless the reviewing court finds that the 


        petition presents grounds that could not have been 


        presented in the prior judicial proceeding or that the 


        remedy provided by the prior proceeding was inadequate 


        or ineffective to test the validity of the order.


    ``(e) Judicial Review of Orders Under Section 235(b)(1).--


            ``(1) Limitations on relief.--Without regard to the 


        nature of the action or claim and without regard to the 


        identity of the party or parties bringing the action, 


        no court may--


                    ``(A) enter declaratory, injunctive, or 


                other equitable relief in any action pertaining 


                to an order to exclude an alien in accordance 


                with section 235(b)(1) except as specifically 


                authorized in a subsequent paragraph of this 


                subsection, or


                    ``(B) certify a class under Rule 23 of the 


                Federal Rules of Civil Procedure in any action 


                for which judicial review is authorized under a 


                subsequent paragraph of this subsection.


            ``(2) Habeas corpus proceedings.--Judicial review 


        of any determination made under section 235(b)(1) is 


        available in habeas corpus proceedings, but shall be 


        limited to determinations of--


                    ``(A) whether the petitioner is an alien,


                    ``(B) whether the petitioner was ordered 


                removed under such section, and


                    ``(C) whether the petitioner can prove by a 


                preponderance of the evidence that the 


                petitioner is an alien lawfully admitted for 


                permanent residence, has been admitted as a 


                refugee under section 207, or has been granted 


                asylum under section 208, such status not 


                having been terminated, and is entitled to such 


                further inquiry as prescribed by the Attorney 


                General pursuant to section 235(b)(1)(C).


            ``(3) Challenges on validity of the system.--


                    ``(A) In general.--Judicial review of 


                determinations under section 235(b) and its 


                implementation is available in an action 


                instituted in the United States District Court 


                for the District of Columbia, but shall be 


                limited to determinations of--


                            ``(i) whether such section, or any 


                        regulation issued to implement such 


                        section, is constitutional; or


                            ``(ii) whether such a regulation, 


                        or a written policy directive, written 


                        policy guideline, or written procedure 


                        issued by or under the authority of the 


                        Attorney General to implement such 


                        section, is not consistent with 


                        applicable provisions of this title or 


                        is otherwise in violation of law.


                    ``(B) Deadlines for bringing actions.--Any 


                action instituted under this paragraph must be 


                filed no later than 60 days after the date the 


                challenged section, regulation, directive, 


                guideline, or procedure described in clause (i) 


                or (ii) of subparagraph (A) is first 


                implemented.


                    ``(C) Notice of appeal.--A notice of appeal 


                of an order issued by the District Court under 


                this paragraph may be filed not later than 30 


                days after the date of issuance of such order.


                    ``(D) Expeditious consideration of cases.--


                It shall be the duty of the District Court, the 


                Court of Appeals, and the Supreme Court of the 


                United States to advance on the docket and to 


                expedite to the greatest possible extent the 


                disposition of any case considered under this 


                paragraph.


            ``(4) Decision.--In any case where the court 


        determines that the petitioner--


                    ``(A) is an alien who was not ordered 


                removed under section 235(b)(1), or


                    ``(B) has demonstrated by a preponderance 


                of the evidence that the alien is an alien 


                lawfully admitted for permanent residence, has 


                been admitted as a refugee under section 207, 


                or has been granted asylum under section 208,





        the court may order no remedy or relief other than to 


        require that the petitioner be provided a hearing in 


        accordance with section 240. Any alien who is provided 


        a hearing under section 240 pursuant to this paragraph 


        may thereafter obtain judicial review of any resulting 


        final order of removal pursuant to subsection (a)(1).


            ``(5) Scope of inquiry.--In determining whether an 


        alien has been ordered removed under section 235(b)(1), 


        the court's inquiry shall be limited to whether such an 


        order in fact was issued and whether it relates to the 


        petitioner. There shall be no review of whether the 


        alien is actually inadmissible or entitled to any 


        relief from removal.


    ``(f) Limit on Injunctive Relief.--


            (1) In general.--Regardless of the nature of the 


        action or claim or of the identity of the party or 


        parties bringing the action, no court (other than the 


        Supreme Court) shall have jurisdiction or authority to 


        enjoin or restrain the operation of the provisions of 


        chapter 4 of title II, as amended by the Illegal 


        Immigration Reform and Immigrant Responsibility Act of 


        1996, other than with respect to the application of 


        such provisions to an individual alien against whom 


        proceedings under such chapter have been initiated.


            (2) Particular cases.--Notwithstanding any other 


        provision of law, no court shall enjoin the removal of 


        any alien pursuant to a final order under this section 


        unless the alien shows by clear and convincing evidence 


        that the entry or execution of such order is prohibited 


        as a matter of law.


    ``(g) Exclusive Jurisdiction.--Except as provided in this 


section and notwithstanding any other provision of law, no 


court shall have jurisdiction to hear any cause or claim by or 


on behalf of any alien arising from the decision or action by 


the Attorney General to commence proceedings, adjudicate cases, 


or execute removal orders against any alien under this Act.''.


    (b) Repeal of Section 106.--Section 106 (8 U.S.C. 1105a) is 


repealed.


    (c) Effective Date.--


            (1) In general.--Subject to paragraph (2), the 


        amendments made by subsections (a) and (b) shall apply 


        to all final orders of deportation or removal and 


        motions to reopen filed on or after the date of the 


        enactment of this Act and subsection (g) of section 242 


        of the Immigration and Nationality Act (as added by 


        subsection (a)), shall apply without limitation to 


        claims arising from all past, pending, or future 


        exclusion, deportation, or removal proceedings under 


        such Act.


            (2) Limitation.--Paragraph (1) shall not be 


        considered to invalidate or to require the 


        reconsideration of any judgment or order entered under 


        section 106 of the Immigration and Nationality Act, as 


        amended by section 440 of Public Law 104-132.


    (d) Technical Amendment.--Effective as if included in the 


enactment of the Antiterrorism and Effective Death Penalty Act 


of 1996 (Public Law 104-132), subsections (a), (c), (d), (g), 


and (h) of section 440 of such Act are amended by striking 


``any offense covered by section 241(a)(2)(A)(ii) for which 


both predicate offenses are covered by section 


241(a)(2)(A)(i)'' and inserting ``any offense covered by 


section 241(a)(2)(A)(ii) for which both predicate offenses are, 


without regard to the date of their commission, otherwise 


covered by section 241(a)(2)(A)(i)''.


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





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


read as follows:








                     ``penalties related to removal








    ``Sec. 243. (a) Penalty for Failure to Depart.--


            ``(1) In general.--Any alien against whom a final 


        order of removal is outstanding by reason of being a 


        member of any of the classes described in section 


        237(a), who--


                    ``(A) willfully fails or refuses to depart 


                from the United States within a period of 90 


                days from the date of the final order of 


                removal under administrative processes, or if 


                judicial review is had, then from the date of 


                the final order of the court,


                    ``(B) willfully fails or refuses to make 


                timely application in good faith for travel or 


                other documents necessary to the alien's 


                departure,


                    ``(C) connives or conspires, or takes any 


                other action, designed to prevent or hamper or 


                with the purpose of preventing or hampering the 


                alien's departure pursuant to such, or


                    ``(D) willfully fails or refuses to present 


                himself or herself for removal at the time and 


                place required by the Attorney General pursuant 


                to such order,





        shall be fined under title 18, United States Code, or 


        imprisoned not more than four years (or 10 years if the 


        alien is a member of any of the classes described in 


        paragraph (1)(E), (2), (3), or (4) of section 237(a)), 


        or both.


            ``(2) Exception.--It is not a violation of 


        paragraph (1) to take any proper steps for the purpose 


        of securing cancellation of or exemption from such 


        order of removal or for the purpose of securing the 


        alien's release from incarceration or custody.


            ``(3) Suspension.--The court may for good cause 


        suspend the sentence of an alien under this subsection 


        and order the alien's release under such conditions as 


        the court may prescribe. In determining whether good 


        cause has been shown to justify releasing the alien, 


        the court shall take into account such factors as--


                    ``(A) the age, health, and period of 


                detention of the alien;


                    ``(B) the effect of the alien's release 


                upon the national security and public peace or 


                safety;


                    ``(C) the likelihood of the alien's 


                resuming or following a course of conduct which 


                made or would make the alien deportable;


                    ``(D) the character of the efforts made by 


                such alien himself and by representatives of 


                the country or countries to which the alien's 


                removal is directed to expedite the alien's 


                departure from the United States;


                    ``(E) the reason for the inability of the 


                Government of the United States to secure 


                passports, other travel documents, or removal 


                facilities from the country or countries to 


                which the alien has been ordered removed; and


                    ``(F) the eligibility of the alien for 


                discretionary relief under the immigration 


                laws.


    ``(b) Willful Failure To Comply With Terms of Release Under 


Supervision.--An alien who shall willfully fail to comply with 


regulations or requirements issued pursuant to section 


241(a)(3) or knowingly give false information in response to an 


inquiry under such section shall be fined not more than $1,000 


or imprisoned for not more than one year, or both.


    ``(c) Penalties Relating to Vessels and Aircraft.--


            ``(1) Civil penalties.--


                    ``(A) Failure to carry out certain 


                orders.--If the Attorney General is satisfied 


                that a person has violated subsection (d) or 


                (e) of section 241, the person shall pay to the 


                Commissioner the sum of $2,000 for each 


                violation.


                    ``(B) Failure to remove alien stowaways.--


                If the Attorney General is satisfied that a 


                person has failed to remove an alien stowaway 


                as required under section 241(d)(2), the person 


                shall pay to the Commissioner the sum of $5,000 


                for each alien stowaway not removed.


                    ``(C) No compromise.--The Attorney General 


                may not compromise the amount of such penalty 


                under this paragraph.


            ``(2) Clearing vessels and aircraft.--


                    ``(A) Clearance before decision on 


                liability.--A vessel or aircraft may be granted 


                clearance before a decision on liability is 


                made under paragraph (1) only if a bond 


                approved by the Attorney General or an amount 


                sufficient to pay the civil penalty is 


                deposited with the Commissioner.


                    ``(B) Prohibition on clearance while 


                penalty unpaid.--A vessel or aircraft may not 


                be granted clearance if a civil penalty imposed 


                under paragraph (1) is not paid.


    ``(d) Discontinuing Granting Visas to Nationals of Country 


Denying or Delaying Accepting Alien.--On being notified by the 


Attorney General that the government of a foreign country 


denies or unreasonably delays accepting an alien who is a 


citizen, subject, national, or resident of that country after 


the Attorney General asks whether the government will accept 


the alien under this section, the Secretary of State shall 


order consular officers in that foreign country to discontinue 


granting immigrant visas or nonimmigrant visas, or both, to 


citizens, subjects, nationals, and residents of that country 


until the Attorney General notifies the Secretary that the 


country has accepted the alien.''.





SEC. 308. REDESIGNATION AND REORGANIZATION OF OTHER PROVISIONS; 


                    ADDITIONAL CONFORMING AMENDMENTS.





    (a) Conforming Amendment to Table of Contents; Overview of 


Reorganized Chapters.--The table of contents, as amended by 


sections 123(b) and 851(d)(1), is amended--


            (1) by striking the item relating to section 106, 


        and


            (2) by striking the item relating to chapter 4 of 


        title II and all that follows through the item relating 


        to section 244A and inserting the following:





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


                                 removal





``Sec. 231. Lists of alien and citizen passengers arriving or departing; 


          record of resident aliens and citizens leaving permanently for 


          foreign country.


``Sec. 232. Detention of aliens for physical and mental examination.


``Sec. 233. Entry through or from foreign territory and adjacent 


          islands; landing stations.


``Sec. 234. Designation of ports of entry for aliens arriving by civil 


          aircraft.


``Sec. 235. Inspection by immigration officers; expedited removal of 


          inadmissible arriving aliens; referral for hearing.


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


``Sec. 236. Apprehension and detention of aliens not lawfully in the 


          United States.


``Sec. 237. General classes of deportable aliens.


``Sec. 238. Expedited removal of aliens convicted of committing 


          aggravated felonies.


``Sec. 239. Initiation of removal proceedings.


``Sec. 240. Removal proceedings.


``Sec. 240A. Cancellation of removal; adjustment of status.


``Sec. 240B. Voluntary departure.


``Sec. 240C. Records of admission.


``Sec. 241. Detention and removal of aliens ordered removed.


``Sec. 242. Judicial review of orders of removal.


``Sec. 243. Penalties relating to removal.


``Sec. 244. Temporary protected status.





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





    (b) Reorganization of Other Provisions.--Chapters 4 and 5 


of title II are amended as follows:


            (1) Amending chapter heading.--Amend the heading 


        for chapter 4 of title II to read as follows:





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


                               Removal''.





            (2) Redesignating section 232 as section 232(a).--


        Amend section 232 (8 U.S.C. 1222)--


                    (A) by inserting ``(a) Detention of 


                Aliens.--'' after ``Sec. 232.'', and


                    (B) by amending the section heading to read 


                as follows:








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








            (3) Redesignating section 234 as section 232(b).--


        Amend section 234 (8 U.S.C. 1224)--


                    (A) by striking the heading,


                    (B) by striking ``Sec. 234.'' and inserting 


                the following: ``(b) Physical and Mental 


                Examination.--'', and


                    (C) by moving such provision to the end of 


                section 232.


            (4) Redesignating section 238 as section 233.--


        Redesignate section 238 (8 U.S.C. 1228) as section 233 


        and move the section to immediately follow section 232.


            (5) Redesignating section 242a as section 238.--


        Redesignate section 242A as section 238, strike 


        ``deportation'' in its heading and insert ``removal'', 


        and move the section to immediately follow section 237 


        (as redesignated by section 305(a)(2)).


            (6) Striking section 242b.--Strike section 242B (8 


        U.S.C. 1252b).


            (7) Striking section 244 and redesignating section 


        244a as section 244.--Strike section 244 (8 U.S.C. 


        1254) and redesignate section 244A as section 244.


            (8) Amending chapter heading.--Amend the heading 


        for chapter 5 of title II to read as follows:





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





    (c) Additional Conforming Amendments.--


            (1) Expedited procedures for aggravated felons 


        (former section 242a).--Section 238 (which, previous to 


        redesignation under section 308(b)(5), was section 


        242A) is amended--


                    (A) in subsection (a)(1), by striking 


                ``section 242'' and inserting ``section 240'';


                    (B) in subsection (a)(2), by striking 


                ``section 242(a)(2)'' and inserting ``section 


                236(c)''; and


                    (C) in subsection (b)(1), by striking 


                ``section 241(a)(2)(A)(iii)'' and inserting 


                ``section 237(a)(2)(A)(iii)''.


            (2) Treatment of certain helpless aliens.--


                    (A) Certification of helpless aliens.--


                Section 232 (8 U.S.C. 1222), as amended by 


                section 308(b)(2), is further amended by adding 


                at the end the following new subsection:


    ``(c) Certification of Certain Helpless Aliens.--If an 


examining medical officer determines that an alien arriving in 


the United States is inadmissible, is helpless from sickness, 


mental or physical disability, or infancy, and is accompanied 


by another alien whose protection or guardianship may be 


required, the officer may certify such fact for purposes of 


applying section 212(a)(10)(B) with respect to the other 


alien.''.


                    (B) Ground of inadmissibility for 


                protection and guardianship of aliens denied 


                admission for health or infancy.--Subparagraph 


                (B) of section 212(a)(10) (8 U.S.C. 


                1182(a)(10)), as redesignated by section 


                301(a)(1), is amended to read as follows:


                    ``(B) Guardian required to accompany 


                helpless alien.--Any alien--


                            ``(i) who is accompanying another 


                        alien who is inadmissible and who is 


                        certified to be helpless from sickness, 


                        mental or physical disability, or 


                        infancy pursuant to section 232(c), and


                            ``(ii) whose protection or 


                        guardianship is determined to be 


                        required by the alien described in 


                        clause (i),


                is inadmissible.''.


            (3) Contingent consideration in relation to removal 


        of aliens.--Section 273(a) (8 U.S.C. 1323(a)) is 


        amended--


                    (A) by inserting ``(1)'' after ``(a)'', and


                    (B) by adding at the end the following new 


                paragraph:


    ``(2) It is unlawful for an owner, agent, master, 


commanding officer, person in charge, purser, or consignee of a 


vessel or aircraft who is bringing an alien (except an alien 


crewmember) to the United States to take any consideration to 


be kept or returned contingent on whether an alien is admitted 


to, or ordered removed from, the United States.''.


            (4) Clarification.--(A) Section 238(a)(1), which, 


        previous to redesignation under section 308(b)(5), was 


        section 242A(a)(1), is amended by adding at the end the 


        following: ``Nothing in this section shall be construed 


        to create any substantive or procedural right or 


        benefit that is legally enforceable by any party 


        against the United States or its agencies or officers 


        or any other person.''.


            (B) Section 225 of the Immigration and Nationality 


        Technical Corrections Act of 1994 (Public Law 103-416), 


        as amended by section 851(b)(15), is amended by 


        striking ``and nothing in'' and all that follows up to 


        ``shall''.


    (d) Additional Conforming Amendments Relating to Exclusion 


and Inadmissibility.--


            (1) Section 212.--Section 212 (8 U.S.C. 1182(a)) is 


        amended--


                    (A) in the heading, by striking ``excluded 


                from'' and inserting ``ineligible for'';


                    (B) in the matter in subsection (a) before 


                paragraph (1), by striking all that follows 


                ``(a)'' and inserting the following: ``Classes 


                of Aliens Ineligible for Visas or Admission.--


                Except as otherwise provided in this Act, 


                aliens who are inadmissible under the following 


                paragraphs are ineligible to receive visas and 


                ineligible to be admitted to the United 


                States:'';


                    (C) in subsection (a), by striking ``is 


                excludable'' and inserting ``is inadmissible'' 


                each place it appears;


                    (D) in subsections (a)(5)(C) (before 


                redesignation by section 343(c)(1), (d)(1), 


                (k), by striking ``exclusion'' and inserting 


                ``inadmissibility'';


                    (E) in subsections (b), (d)(3), 


                (h)(1)(A)(i), and (k), by striking 


                ``excludable'' each place it appears and 


                inserting ``inadmissible'';


                    (F) in subsection (b)(2), by striking ``or 


                ineligible for entry'';


                    (G) in subsection (d)(7), by striking 


                ``excluded from'' and inserting ``denied''; and


                    (H) in subsection (h)(1)(B), by striking 


                ``exclusion'' and inserting ``denial of 


                admission''.


            (2) Section 241.--Section 241 (8 U.S.C. 1251), 


        before redesignation as section 237 by section 


        305(a)(2), is amended--


                    (A) in subsection (a)(1)(H), by striking 


                ``excludable'' and inserting ``inadmissible'';


                    (B) in subsection (a)(4)(C)(ii), by 


                striking ``excludability'' and inserting 


                ``inadmissibility'';


                    (C) in subsection (c), by striking 


                ``exclusion'' and inserting 


                ``inadmissibility''; and


                    (D) effective upon enactment of this Act, 


                by striking subsection (d), as added by section 


                414(a) of the Antiterrorism and Effective Death 


                Penalty Act of 1996 (P.L. 104-132).


            (3) Other general references.--The following 


        provisions are amended by striking ``excludability'' 


        and ``excludable'' each place each appears and 


        inserting ``inadmissibility'' and ``inadmissible'', 


        respectively:


                    (A) Sections 101(f)(3), 213, 234 (before 


                redesignation by section 308(b)), 241(a)(1) 


                (before redesignation by section 305(a)(2)), 


                272(a), 277, 286(h)(2)(A)(v), and 


                286(h)(2)(A)(vi).


                    (B) Section 601(c) of the Immigration Act 


                of 1990.


                    (C) Section 128 of the Foreign Relations 


                Authorization Act, Fiscal Years 1992 and 1993 


                (Public Law 102-138).


                    (D) Section 1073 of the National Defense 


                Authorization Act for Fiscal Year 1995 (Public 


                Law 103-337).


                    (E) Section 221 of the Immigration and 


                Nationality Technical Corrections Act of 1994 


                (Public Law 103-416).


            (4) Related terms.--


                    (A) Section 101(a)(17) (8 U.S.C. 


                1101(a)(17)) is amended by striking ``or 


                expulsion'' and inserting ``expulsion, or 


                removal''.


                    (B) Section 102 (8 U.S.C. 1102) is amended 


                by striking ``exclusion or deportation'' and 


                inserting ``removal''.


                    (C) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) 


                is amended by striking ``been excluded or 


                deported'' and inserting ``not been admitted or 


                have been removed''.


                    (D) Section 206 (8 U.S.C. 1156) is amended 


                by striking ``excluded from admission to the 


                United States and deported'' and inserting 


                ``denied admission to the United States and 


                removed''.


                    (E) Section 216(f) (8 U.S.C. 1186a) is 


                amended by striking ``exclusion'' and inserting 


                ``inadmissibility''.


                    (F) Section 217 (8 U.S.C. 1187) is amended 


                by striking ``excluded from admission'' and 


                inserting ``denied admission at the time of 


                arrival'' each place it appears.


                    (G) Section 221(f) (8 U.S.C. 1201) is 


                amended by striking ``exclude'' and inserting 


                ``deny admission to''.


                    (H) Section 232(a) (8 U.S.C. 1222(a)), as 


                redesignated by subsection (b)(2), is amended 


                by striking ``excluded by'' and ``the excluded 


                classes'' and inserting ``inadmissible under'' 


                and ``inadmissible classes'', respectively.


                    (I)(i) Section 272 (8 U.S.C. 1322) is 


                amended--


                            (I) by striking ``exclusion'' in 


                        the heading and inserting ``denial of 


                        admission'',


                            (II) in subsection (a), by striking 


                        ``excluding condition'' and inserting 


                        ``condition causing inadmissibility'', 


                        and


                            (III) in subsection (c), by 


                        striking ``excluding''.


                    (ii) The item in the table of contents 


                relating to such section is amended by striking 


                ``exclusion'' and inserting ``denial of 


                admission''.


                    (J) Section 276(a) (8 U.S.C. 1326(a)) is 


                amended--


                            (i) in paragraph (1), as amended by 


                        section 324(a)--


                                    (I) by striking ``arrested 


                                and deported, has been excluded 


                                and deported,'' and inserting 


                                ``denied admission, excluded, 


                                deported, or removed'', and


                                    (II) by striking 


                                ``exclusion or deportation'' 


                                and inserting ``exclusion, 


                                deportation, or removal''; and


                            (ii) in paragraph (2)(B), by 


                        striking ``excluded and deported'' and 


                        inserting ``denied admission and 


                        removed''.


                    (K) Section 286(h)(2)(A)(vi) (8 U.S.C. 


                1356(h)(2)(A)(vi)) is amended by striking 


                ``exclusion'' each place it appears and 


                inserting ``removal''.


                    (L) Section 287 (8 U.S.C. 1357) is 


                amended--


                            (i) in subsection (a), by striking 


                        ``or expulsion'' each place it appears 


                        and inserting ``expulsion, or 


                        removal'', and


                            (ii) in subsection (c), by striking 


                        ``exclusion from'' and inserting 


                        ``denial of admission to''.


                    (M) Section 290(a) (8 U.S.C. 1360(a)) is 


                amended by striking ``admitted to the United 


                States, or excluded therefrom'' each place it 


                appears and inserting ``admitted or denied 


                admission to the United States''.


                    (N) Section 291 (8 U.S.C. 1361) is amended 


                by striking ``subject to exclusion'' and 


                inserting ``inadmissible'' each place it 


                appears.


                    (O) Section 292 (8 U.S.C. 1362) is amended 


                by striking ``exclusion or deportation'' each 


                place it appears and inserting ``removal''.


                    (P) Section 360 (8 U.S.C. 1503) is 


                amended--


                            (i) in subsection (a), by striking 


                        ``exclusion'' each place it appears and 


                        inserting ``removal'', and


                            (ii) in subsection (c), by striking 


                        ``excluded from'' and inserting 


                        ``denied''.


                    (Q) Section 507(b)(2)(D) (8 U.S.C. 


                1537(b)(2)(D)) is amended by striking 


                ``exclusion because such alien is excludable'' 


                and inserting ``removal because such alien is 


                inadmissible''.


                    (R) Section 301(a)(1) of the Immigration 


                Act of 1990 is amended by striking 


                ``exclusion'' and inserting 


                ``inadmissibility''.


                    (S) Section 401(c) of the Refugee Act of 


                1980 is amended by striking ``deportation or 


                exclusion'' and inserting ``removal''.


                    (T) Section 501(e)(2) of the Refugee 


                Education Assistance Act of 1980 (Public Law 


                96-422) is amended--


                            (i) by striking ``exclusion or 


                        deportation'' each place it appears and 


                        inserting ``removal'', and


                            (ii) by striking ``deportation or 


                        exclusion'' each place it appears and 


                        inserting ``removal''.


                    (U) Section 4113(c) of title 18, United 


                States Code, is amended by striking ``exclusion 


                and deportation'' and inserting ``removal''.


            (5) Repeal of superseded provision.--Effective as 


        of the date of the enactment of the Antiterrorism and 


        Effective Death Penalty Act of 1996, section 422 of 


        such Act is repealed and the Immigration and 


        Nationality Act shall be applied as if such section had 


        not been enacted.


    (e) Revision of Terminology Relating to Deportation.--


            (1) Each of the following is amended by striking 


        ``deportation'' each place it appears and inserting 


        ``removal'':


                    (A) Subparagraphs (A)(iii)(II), 


                (A)(iv)(II), and (B)(iii)(II) of section 


                204(a)(1) (8 U.S.C. 1154(a)(1)).


                    (B) Section 212(d)(1) (8 U.S.C. 


                1182(d)(1)).


                    (C) Section 212(d)(11) (8 U.S.C. 


                1182(d)(11)).


                    (D) Section 214(k)(4)(C) (8 U.S.C. 


                1184(k)(4)(C)), as redesignated by section 


                851(a)(3)(A).


                    (E) Section 241(a)(1)(H) (8 U.S.C. 


                1251(a)(1)(H)), before redesignation as section 


                237 by section 305(a)(2).


                    (F) Section 242A (8 U.S.C. 1252a), before 


                redesignation as section 238 by subsection 


                (b)(5).


                    (G) Subsections (a)(3) and (b)(5)(B) of 


                section 244A (8 U.S.C. 1254a), before 


                redesignation as section 244 by subsection 


                (b)(7).


                    (H) Section 246(a) (8 U.S.C. 1256(a)).


                    (I) Section 254 (8 U.S.C. 1284).


                    (J) Section 263(a)(4) (8 U.S.C. 


                1303(a)(4)).


                    (K) Section 276(b) (8 U.S.C. 1326(b)).


                    (L) Section 286(h)(2)(A)(v) (8 U.S.C. 


                1356(h)(2)(A)(v)).


                    (M) Section 287(g) (8 U.S.C. 1357(g)) (as 


                added by section 122).


                    (N) Section 291 (8 U.S.C. 1361).


                    (O) Section 318 (8 U.S.C. 1429).


                    (P) Section 130005(a) of the Violent Crime 


                Control and Law Enforcement Act of 1994 (Public 


                Law 103-322).


                    (Q) Section 4113(b) of title 18, United 


                States Code.


            (2) Each of the following is amended by striking 


        ``deported'' each place it appears and inserting 


        ``removed'':


                    (A) Section 212(d)(7) (8 U.S.C. 


                1182(d)(7)).


                    (B) Section 214(d) (8 U.S.C. 1184(d)).


                    (C) Section 241(a) (8 U.S.C. 1251(a)), 


                before redesignation as section 237 by section 


                305(a)(2).


                    (D) Section 242A(c)(2)(D)(iv) (8 U.S.C. 


                1252a(c)(2)(D)(iv)), as amended by section 


                851(b)(14) but before redesignation as section 


                238 by subsection (b)(5).


                    (E) Section 252(b) (8 U.S.C. 1282(b)).


                    (F) Section 254 (8 U.S.C. 1284).


                    (G) Subsections (b) and (c) of section 266 


                (8 U.S.C. 1306).


                    (H) Section 301(a)(1) of the Immigration 


                Act of 1990.


                    (I) Section 4113 of title 18, United States 


                Code.


            (3) Section 101(g) (8 U.S.C. 1101(g)) is amended by 


        inserting ``or removed'' after ``deported'' each place 


        it appears.


            (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is 


        amended by striking ``suspension of deportation'' and 


        inserting ``cancellation of removal''.


            (5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) 


        is amended by striking ``deportation is suspended'' and 


        inserting ``removal is canceled''.


            (6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B)) 


        is amended by striking ``deportation against'' and 


        inserting ``removal of''.


            (7) Subsections (b)(2), (c)(2)(B), (c)(3)(D), 


        (c)(4)(A), and (d)(2)(C) of section 216 (8 U.S.C. 


        1186a) are each amended by striking ``deportation'', 


        ``deportation'', ``deport'', and ``deported'' each 


        place each appears and inserting ``removal'', 


        ``removal'', ``remove'', and ``removed'', respectively.


            (8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and 


        (d)(2)(C) of section 216A (8 U.S.C. 1186b) are each 


        amended by striking ``deportation'', ``deportation'', 


        ``deport'', and ``deported'' and inserting ``removal'', 


        ``removal'', ``remove'', and ``removed'', respectively.


            (9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is 


        amended by striking ``deportation against'' and 


        inserting ``removal of''.


            (10) Section 242A (8 U.S.C. 1252a), before 


        redesignation as section 238 by subsection (b)(6), is 


        amended, in the headings to various subdivisions, by 


        striking ``Deportation'' and ``deportation'' and 


        inserting ``Removal'' and ``removal'', respectively.


            (11) Section 244A(a)(1)(A) (8 U.S.C. 


        1254a(a)(1)(A)), before redesignation as section 244 by 


        subsection (b)(8), is amended--


                    (A) in subsection (a)(1)(A), by striking 


                ``deport'' and inserting ``remove'', and


                    (B) in subsection (e), by striking 


                ``Suspension of Deportation'' and inserting 


                ``Cancellation of Removal''.


            (12) Section 254 (8 U.S.C. 1284) is amended by 


        striking ``deport'' each place it appears and inserting 


        ``remove''.


            (13) Section 273(d) (8 U.S.C. 1323(d)) is repealed.


            (14)(A) Section 276 (8 U.S.C. 1326) is amended by 


        striking ``deported'' and inserting ``removed''.


            (B) The item in the table of contents relating to 


        such section is amended by striking ``deported'' and 


        inserting ``removed''.


            (15) Section 318 (8 U.S.C. 1429) is amended by 


        striking ``suspending'' and inserting ``canceling''.


            (16) Section 301(a) of the Immigration Act of 1990 


        is amended by striking ``Deportation'' and inserting 


        ``Removal''.


            (17) The heading of section 130005 of the Violent 


        Crime Control and Law Enforcement Act of 1994 (Public 


        Law 103-322) is amended by striking ``DEPORTATION'' and 


        inserting ``REMOVAL''.


            (18) Section 9 of the Peace Corps Act (22 U.S.C. 


        2508) is amended by striking ``deported'' and all that 


        follows through ``Deportation'' and inserting ``removed 


        pursuant to chapter 4 of title II of the Immigration 


        and Nationality Act''.


            (19) Section 8(c) of the Foreign Agents 


        Registration Act (22 U.S.C. 618(c)) is amended by 


        striking ``deportation'' and all that follows and 


        inserting ``removal pursuant to chapter 4 of title II 


        of the Immigration and Nationality Act.''.


    (f) Revision of References to Entry.--


            (1) The following provisions are amended by 


        striking ``entry'' and inserting ``admission'' each 


        place it appears:


                    (A) Section 101(a)(15)(K) (8 U.S.C. 


                1101(a)(15)(K)).


                    (B) Section 101(a)(30) (8 U.S.C. 


                1101(a)(30)).


                    (C) Section 212(a)(2)(D) (8 U.S.C. 


                1182(a)(2)(D)).


                    (D) Section 212(a)(6)(C)(i) (8 U.S.C. 


                1182(a)(6)(C)(i)).


                    (E) Section 212(h)(1)(A)(i) (8 U.S.C. 


                1182(h)(1)(A)(i)).


                    (F) Section 212(j)(1)(D) (8 U.S.C. 


                1182(j)(1)(D)).


                    (G) Section 214(c)(2)(A) (8 U.S.C. 


                1184(c)(2)(A)).


                    (H) Section 214(d) (8 U.S.C. 1184(d)).


                    (I) Section 216(b)(1)(A)(i) (8 U.S.C. 


                1186a(b)(1)(A)(i)).


                    (J) Section 216(d)(1)(A)(i)(III) (8 U.S.C. 


                1186a(d)(1)(A)(i)(III)).


                    (K) Subsection (b) of section 240 (8 U.S.C. 


                1230), before redesignation as section 240C by 


                section 304(a)(2).


                    (L) Subsection (a)(1)(G) of section 241 (8 


                U.S.C. 1251), before redesignation as section 


                237 by section 305(a)(2).


                    (M) Subsection (a)(1)(H) of section 241 (8 


                U.S.C. 1251), before redesignation as section 


                237 by section 305(a)(2), other than the last 


                time it appears.


                    (N) Paragraphs (2) and (4) of subsection 


                (a) of section 241 (8 U.S.C. 1251), before 


                redesignation as section 237 by section 


                305(a)(2).


                    (O) Section 245(e)(3) (8 U.S.C. 


                1255(e)(3)).


                    (P) Section 247(a) (8 U.S.C. 1257(a)).


                    (Q) Section 601(c)(2) of the Immigration 


                Act of 1990.


            (2) The following provisions are amended by 


        striking ``enter'' and inserting ``be admitted'':


                    (A) Section 204(e) (8 U.S.C. 1154(e)).


                    (B) Section 221(h) (8 U.S.C. 1201(h)).


                    (C) Section 245(e)(2) (8 U.S.C. 


                1255(e)(2)).


            (3) The following provisions are amended by 


        striking ``enters'' and inserting ``is admitted to'':


                    (A) Section 212(j)(1)(D)(ii) (8 U.S.C. 


                1154(e)).


                    (B) Section 214(c)(5)(B) (8 U.S.C. 


                1184(c)(5)(B)).


            (4) Subsection (a) of section 238 (8 U.S.C. 1228), 


        before redesignation as section 233 by section 


        308(b)(4), is amended by striking ``entry and 


        inspection'' and inserting ``inspection and 


        admission''.


            (5) Subsection (a)(1)(H)(ii) of section 241 (8 


        U.S.C. 1251), before redesignation as section 237 by 


        section 305(a)(2), is amended by striking ``at entry''.


            (6) Section 7 of the Central Intelligence Agency 


        Act of 1949 (50 U.S.C. 403h) is amended by striking 


        ``that the entry'', ``given entry into'', and 


        ``entering'' and inserting ``that the admission'', 


        ``admitted to'', and ``admitted to''.


            (7) Section 4 of the Atomic Weapons and Special 


        Nuclear Materials Rewards Act (50 U.S.C. 47c) is 


        amended by striking ``entry'' and inserting 


        ``admission''.


    (g) Conforming References to Reorganized Sections.--


            (1) References to sections 232, 234, 238, 239, 240, 


        241, 242a, and 244a.--Any reference in law in effect on 


        the day before the date of the enactment of this Act to 


        section 232, 234, 238, 239, 240, 241, 242A, or 244A of 


        the Immigration and Nationality Act (or a subdivision 


        of such section) is deemed, as of the title III-A 


        effective date, to refer to section 232(a), 232(b), 


        233, 234, 234A, 237, 238, or 244 of such Act (or the 


        corresponding subdivision of such section), as 


        redesignated by this subtitle. Any reference in law to 


        section 241 (or a subdivision of such section) of the 


        Immigration and Nationality Act in an amendment made by 


        a subsequent subtitle of this title is deemed a 


        reference (as of the title III-A effective date) to 


        section 237 (or the corresponding subdivision of such 


        section), as redesignated by this subtitle.


            (2) References to section 106.--


                    (A) Sections 242A(b)(3) and 


                242A(c)(3)(A)(ii) (8 U.S.C. 1252a(b)(3), 


                1252a(c)(3)(A)(ii)), as amended by section 


                851(b)(14) but before redesignation as section 


                238 by subsection (b)(5), are each amended by 


                striking ``106'' and inserting ``242''.


                    (B) Sections 210(e)(3)(A) and 245A(f)(4)(A) 


                (8 U.S.C. 1160(e)(3)(A), 1255a(f)(4)(A)) are 


                amended by inserting ``(as in effect before 


                October 1, 1996)'' after ``106''.


                    (C) Section 242A(c)(3)(A)(iii) (8 U.S.C. 


                1252a(c)(3)(A)(iii)), as amended by section 


                851(b)(14) but before redesignation as section 


                238 by subsection (b)(5), is amended by 


                striking ``106(a)(1)'' and inserting 


                ``242(b)(1)''.


            (3) References to section 236.--


                    (A) Sections 205 and 209(a)(1) (8 U.S.C. 


                1155, 1159(a)(1)) are each amended by striking 


                ``236'' and inserting ``240''.


                    (B) Section 4113(c) of title 18, United 


                States Code, is amended by striking ``1226 of 


                title 8, United States Code'' and inserting 


                ``240 of the Immigration and Nationality Act''.


            (4) References to section 237.--


                    (A) Section 209(a)(1) (8 U.S.C. 1159(a)(1)) 


                is amended by striking ``237'' and inserting 


                ``241''.


                    (B) Section 212(d)(7) (8 U.S.C. 1182(d)(7)) 


                is amended by striking ``237(a)'' and inserting 


                ``241(c)''.


                    (C) Section 280(a) (8 U.S.C. 1330(a)) is 


                amended by striking ``237, 239, 243'' and 


                inserting ``234, 243(c)(2)''.


            (5) References to section 242.--


                    (A)(i) Sections 214(d), 252(b), and 


                287(f)(1) (8 U.S.C. 1184(d), 1282(b), 


                1357(f)(1)) are each amended by striking 


                ``242'' and inserting ``240''.


                    (ii) Subsection (c)(4) of section 242A (8 


                U.S.C. 1252a), as amended by section 851(b)(13) 


                but before redesignation as section 238 by 


                subsection (b)(5), are each amended by striking 


                ``242'' and inserting ``240''.


                    (iii) Section 245A(a)(1)(B) (8 U.S.C. 


                1255a(a)(1)(B)) is amended by inserting ``(as 


                in effect before October 1, 1996)'' after 


                ``242''.


                    (iv) Section 4113 of title 18, United 


                States Code, is amended--


                            (I) in subsection (a), by striking 


                        ``section 1252(b) or section 1254(e) of 


                        title 8, United States Code,'' and 


                        inserting ``section 240B of the 


                        Immigration and Nationality Act''; and


                            (II) in subsection (b), by striking 


                        ``section 1252 of title 8, United 


                        States Code,'' and inserting ``section 


                        240 of the Immigration and Nationality 


                        Act''.


                    (B) Section 130002(a) of Public Law 103-


                322, as amended by section 345, is amended by 


                striking ``242(a)(3)(A)'' and inserting 


                ``236(d)''.


                    (C) Section 242A(b)(1) (8 U.S.C. 


                1252a(b)(1)), before redesignation as section 


                238 by section 308(b)(5), is amended by 


                striking ``242(b)'' and inserting ``240''.


                    (D) Section 242A(c)(2)(D)(ii) (8 U.S.C. 


                1252a(c)(2)(D)(ii)), as amended by section 


                851(b)(14) but before redesignation as section 


                238 by subsection (b)(5), is amended by 


                striking ``242(b)'' and inserting ``240''.


                    (E) Section 1821(e) of title 28, United 


                States Code, is amended by striking ``242(b)'' 


                and inserting ``240''.


                    (F) Section 130007(a) of Public Law 103-322 


                is amended by striking ``242(i)'' and inserting 


                ``239(d)''.


                    (G) Section 20301(c) of Public Law 103-322 


                is amended by striking ``242(j)(5)'' and 


                ``242(j)'' and inserting ``241(h)(5)'' and 


                ``241(h)'', respectively.


            (6) References to section 242b.--


                    (A) Section 303(d)(2) of the Immigration 


                Act of 1990 is amended by striking ``242B'' and 


                inserting ``240(b)(5)''.


                    (B) Section 545(g)(1)(B) of the Immigration 


                Act of 1990 is amended by striking 


                ``242B(a)(4)'' and inserting ``239(a)(4)''.


            (7) References to section 243.--


                    (A) Section 214(d) (8 U.S.C. 1184(d)) is 


                amended by striking ``243'' and inserting 


                ``241''.


                    (B) Section 504(k)(2) (8 U.S.C. 1534(k)(2)) 


                is amended by striking ``withholding of 


                deportation under section 243(h)'' and 


                inserting ``by withholding of removal under 


                section 241(b)(3)''.


                    (C)(i) Section 315(c) of the Immigration 


                Reform and Control Act of 1986 is amended by 


                striking ``243(g)'' and ``1253(g)'' and 


                inserting ``243(d)'' and ``1253(d)'' 


                respectively.


                    (ii) Section 702(b) of the Departments of 


                Commerce, Justice, and State, the Judiciary, 


                and Related Agencies Appropriations Act, 1988 


                is amended by striking ``243(g)'' and inserting 


                ``243(d)''.


                    (iii) Section 903(b) of Public Law 100-204 


                is amended by striking ``243(g)'' and inserting 


                ``243(d)''.


                    (D)(i) Section 6(f)(2)(F) of the Food Stamp 


                Act of 1977 (7 U.S.C. 2015(f)(2)(F)) is amended 


                by striking ``243(h)'' and inserting 


                ``241(b)(3)''.


                    (ii) Section 214(a)(5) of the Housing and 


                Community Development Act of 1980 (42 U.S.C. 


                1436a(a)(5)) is amended by striking ``243(h)'' 


                and inserting ``241(b)(3)''.


                    (E)(i) Subsection (c)(2)(B)(ii) of section 


                244A (8 U.S.C. 1254a), before redesignated as 


                section 244 by section 308(b)(7), is amended by 


                striking ``243(h)(2)'' and inserting 


                ``208(b)(2)(A)''.


                    (ii) Section 301(e)(2) of the Immigration 


                Act of 1990 is amended by striking 


                ``243(h)(2)'' and inserting ``208(b)(2)(A)''.


                    (F) Section 316(f) (8 U.S.C. 1427(f)) is 


                amended by striking ``subparagraphs (A) through 


                (D) of paragraph 243(h)(2)'' and inserting 


                ``clauses (i) through (v) of section 


                208(b)(2)(A)''.


            (8) References to section 244.--


                    (A)(i) Section 201(b)(1)(D) (8 U.S.C. 


                1151(b)(1)(D)) and subsection (e) of section 


                244A (8 U.S.C. 1254a), before redesignation as 


                section 244 by section 308(b)(7), are each 


                amended by striking ``244(a)'' and inserting 


                ``240A(a)''.


                    (ii) Section 304(c)(1)(B) of the 


                Miscellaneous and Technical Immigration and 


                Naturalization Amendments of 1991 (Public Law 


                102-232) is amended by striking ``244(a)'' and 


                inserting ``240A(a)''.


                    (B) Section 504(k)(3) (8 U.S.C. 1534(k)(3)) 


                is amended by striking ``suspension of 


                deportation under subsection (a) or (e) of 


                section 244'' and inserting ``cancellation of 


                removal under section 240A''.


                    (C) Section 304(c)(1)(B) of the 


                Miscellaneous and Technical Immigration and 


                Naturalization Amendments of 1991 (Public Law 


                102-232) is amended by striking ``244(b)(2)'' 


                and inserting ``240A(b)(2)''.


                    (D) Section 364(a)(2) of this Act is 


                amended by striking ``244(a)(3)'' and inserting 


                ``240A(a)(3)''.


            (9) References to chapter 5.--


                    (A) Sections 266(b), 266(c), and 291 (8 


                U.S.C. 1306(b), 1306(c), 1361) are each amended 


                by striking ``chapter 5'' and inserting 


                ``chapter 4''.


                    (B) Section 6(b) of the Act of August 1, 


                1956 (50 U.S.C. 855(b)) is amended by striking 


                ``chapter 5, title II, of the Immigration and 


                Nationality Act (66 Stat. 163)'' and inserting 


                ``chapter 4 of title II of the Immigration and 


                Nationality Act''.


            (10) Miscellaneous cross-reference corrections for 


        newly added provisions.--


                    (A) Section 212(h), as amended by section 


                301(h), is amended by striking ``section 


                212(c)'' and inserting ``paragraphs (1) and (2) 


                of section 240A(a)''.


                    (B) Section 245(c)(6), as amended by 


                section 332(d), is amended by striking 


                ``241(a)(4)(B)'' and inserting 


                ``237(a)(4)(B)''.


                    (C) Section 249(d), as amended by section 


                332(e), is amended by striking ``241(a)(4)(B)'' 


                and inserting ``237(a)(4)(B)''.


                    (D) Section 274C(d)(7), as added by section 


                212(d), is amended by striking ``withholding of 


                deportation under section 243(h)'' and 


                inserting ``withholding of removal under 


                section 241(b)(3)''.


                    (E) Section 3563(b)(21) of title 18, United 


                States Code, as inserted by section 374(b), is 


                amended by striking ``242A(d)(5)'' and 


                inserting ``238(d)(5)''.


                    (F) Section 130007(a) of the Violent Crime 


                Control and Law Enforcement Act of 1994 (Public 


                Law 103-322), as amended by section 671(a)(6), 


                is amended by striking ``242A(a)(3)'' and 


                inserting ``238(a)(3)''.


                    (G) Section 386(b) of this Act is amended 


                by striking ``excludable'' and ``excludable'' 


                and inserting ``inadmissible'' and 


                ``inadmissible'', respectively, each place each 


                appears.


                    (H) Subsections (a), (c), (d), (g), and (h) 


                of section 440 of the Antiterrorism and 


                Effective Death Penalty Act of 1996 (Public Law 


                104-132), as amended by section 306(d), are 


                amended by striking ``241(a)(2)(A)(ii)'' and 


                ``241(a)(2)(A)(i)'' and inserting 


                ``237(a)(2)(A)(ii)'' and ``237(a)(2)(A)(i)'', 


                respectively.





SEC. 309. EFFECTIVE DATES; TRANSITION.





    (a) In General.--Except as provided in this section and 


sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5), this 


subtitle and the amendments made by this subtitle shall take 


effect on the first day of the first month beginning more than 


180 days after the date of the enactment of this Act (in this 


title referred to as the ``title III-A effective date'').


    (b) Promulgation of Regulations.--The Attorney General 


shall first promulgate regulations to carry out this subtitle 


by not later than 30 days before the title III-A effective 


date.


    (c) Transition for Aliens in Proceedings.--


            (1) General rule that new rules do not apply.--


        Subject to the succeeding provisions of this 


        subsection, in the case of an alien who is in exclusion 


        or deportation proceedings as of the title III-A 


        effective date--


                    (A) the amendments made by this subtitle 


                shall not apply, and


                    (B) the proceedings (including judicial 


                review thereof) shall continue to be conducted 


                without regard to such amendments.


            (2) Attorney general option to elect to apply new 


        procedures.--In a case described in paragraph (1) in 


        which an evidentiary hearing under section 236 or 242 


        and 242B of the Immigration and Nationality Act has not 


        commenced as of the title III-A effective date, the 


        Attorney General may elect to proceed under chapter 4 


        of title II of such Act (as amended by this subtitle). 


        The Attorney General shall provide notice of such 


        election to the alien involved not later than 30 days 


        before the date any evidentiary hearing is commenced. 


        If the Attorney General makes such election, the notice 


        of hearing provided to the alien under section 235 or 


        242(a) of such Act shall be valid as if provided under 


        section 239 of such Act (as amended by this subtitle) 


        to confer jurisdiction on the immigration judge.


            (3) Attorney general option to terminate and 


        reinitiate proceedings.--In the case described in 


        paragraph (1), the Attorney General may elect to 


        terminate proceedings in which there has not been a 


        final administrative decision and to reinitiate 


        proceedings under chapter 4 of title II the Immigration 


        and Nationality Act (as amended by this subtitle). Any 


        determination in the terminated proceeding shall not be 


        binding in the reinitiated proceeding.


            (4) Transitional changes in judicial review.--In 


        the case described in paragraph (1) in which a final 


        order of exclusion or deportation is entered more than 


        30 days after the date of the enactment of this Act, 


        notwithstanding any provision of section 106 of the 


        Immigration and Nationality Act (as in effect as of the 


        date of the enactment of this Act) to the contrary--


                    (A) in the case of judicial review of a 


                final order of exclusion, subsection (b) of 


                such section shall not apply and the action for 


                judicial review shall be governed by the 


                provisions of subsections (a) and (c) of such 


                in the same manner as they apply to judicial 


                review of orders of deportation;


                    (B) a court may not order the taking of 


                additional evidence under section 2347(c) of 


                title 28, United States Code;


                    (C) the petition for judicial review must 


                be filed not later than 30 days after the date 


                of the final order of exclusion or deportation;


                    (D) the petition for review shall be filed 


                with the court of appeals for the judicial 


                circuit in which the administrative proceedings 


                before the special inquiry officer or 


                immigration judge were completed;


                    (E) there shall be no appeal of any 


                discretionary decision under section 212(c), 


                212(h), 212(i), 244, or 245 of the Immigration 


                and Nationality Act (as in effect as of the 


                date of the enactment of this Act);


                    (F) service of the petition for review 


                shall not stay the deportation of an alien 


                pending the court's decision on the petition, 


                unless the court orders otherwise; and


                    (G) there shall be no appeal permitted in 


                the case of an alien who is inadmissible or 


                deportable by reason of having committed a 


                criminal offense covered in section 212(a)(2) 


                or section 241(a)(2)(A)(iii), (B), (C), or (D) 


                of the Immigration and Nationality Act (as in 


                effect as of the date of the enactment of this 


                Act), or any offense covered by section 


                241(a)(2)(A)(ii) of such Act (as in effect on 


                such date) for which both predicate offenses 


                are, without regard to their date of 


                commission, otherwise covered by section 


                241(a)(2)(A)(i) of such Act (as so in effect).


            (5) Transitional rule with regard to suspension of 


        deportation.--Paragraphs (1) and (2) of section 240A(d) 


        of the Immigration and Nationality Act (relating to 


        continuous residence or physical presence) shall apply 


        to notices to appear issued before, on, or after the 


        date of the enactment of this Act.


            (6) Transition for certain family unity aliens.--


        The Attorney General may waive the application of 


        section 212(a)(9) of the Immigration and Nationality 


        Act, as inserted by section 301(b)(1), in the case of 


        an alien who is provided benefits under the provisions 


        of section 301 of the Immigration Act of 1990 (relating 


        to family unity).


            (7) Limitation on suspension of deportation.--The 


        Attorney General may not suspend the deportation and 


        adjust the status under section 244 of the Immigration 


        and Nationality Act of more than 4,000 aliens in any 


        fiscal year (beginning after the date of the enactment 


        of this Act). The previous sentence shall apply 


        regardless of when an alien applied for such suspension 


        and adjustment.


    (d) Transitional References.--For purposes of carrying out 


the Immigration and Nationality Act, as amended by this 


subtitle--


            (1) any reference in section 212(a)(1)(A) of such 


        Act to the term ``inadmissible'' is deemed to include a 


        reference to the term ``excludable'', and


            (2) any reference in law to an order of removal 


        shall be deemed to include a reference to an order of 


        exclusion and deportation or an order of deportation.


    (e) Transition.--No period of time before the date of the 


enactment of this Act shall be included in the period of 1 year 


described in section 212(a)(6)(B)(i) of the Immigration and 


Nationality Act (as amended by section 301(c)).





                 Subtitle B--Criminal Alien Provisions





SEC. 321. AMENDED DEFINITION OF AGGRAVATED FELONY.





    (a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)), 


as amended by section 441(e) of the Antiterrorism and Effective 


Death Penalty Act of 1996 (P.L. 104-132), is amended--


            (1) in subparagraph (A), by inserting ``, rape, or 


        sexual abuse of a minor'' after ``murder'';


            (2) in subparagraph (D), by striking ``$100,000'' 


        and inserting ``$10,000'';


            (3) in subparagraphs (F), (G), (N), and (P), by 


        striking ``is at least 5 years'' each place it appears 


        and inserting ``at least one year'';


            (4) in subparagraph (J), by striking ``sentence of 


        5 years' imprisonment'' and inserting ``sentence of one 


        year imprisonment'';


            (5) in subparagraph (K)(ii), by inserting ``if 


        committed'' before ``for commercial advantage'';


            (6) in subparagraph (L)--


                    (A) by striking ``or'' at the end of clause 


                (i),


                    (B) by inserting ``or'' at the end of 


                clause (ii), and


                    (C) by adding at the end the following new 


                clause:


                            ``(iii) section 601 of the National 


                        Security Act of 1947 (relating to 


                        protecting the identity of undercover 


                        agents);'';


            (7) in subparagraph (M), by striking ``$200,000'' 


        each place it appears and inserting ``$10,000'';


            (8) in subparagraph (N), by striking ``for which 


        the term'' and all that follows and inserting the 


        following: ``, except in the case of a first offense 


        for which the alien has affirmatively shown that the 


        alien committed the offense for the purpose of 


        assisting, abetting, or aiding only the alien's spouse, 


        child, or parent (and no other individual) to violate a 


        provision of this Act'';


            (9) in subparagraph (P), by striking ``18 months'' 


        and inserting ``12 months, except in the case of a 


        first offense for which the alien has affirmatively 


        shown that the alien committed the offense for the 


        purpose of assisting, abetting, or aiding only the 


        alien's spouse, child, or parent (and no other 


        individual) to violate a provision of this Act'';


            (10) in subparagraph (R), by striking ``for which a 


        sentence of 5 years' imprisonment or more may be 


        imposed'' and inserting ``for which the term of 


        imprisonment is at least one year''; and


            (11) in subparagraph (S), by striking ``for which a 


        sentence of 5 years' imprisonment or more may be 


        imposed'' and inserting ``for which the term of 


        imprisonment is at least one year''.


    (b) Effective Date of Definition.--Section 101(a)(43) (8 


U.S.C. 1101(a)(43)) is amended by adding at the end the 


following new sentence: ``Notwithstanding any other provision 


of law (including any effective date), the term applies 


regardless of whether the conviction was entered before, on, or 


after the date of enactment of this paragraph.''.


    (c) Effective Date.--The amendments made by this section 


shall apply to actions taken on or after the date of the 


enactment of this Act, regardless of when the conviction 


occurred, and shall apply under section 276(b) of the 


Immigration and Nationality Act only to violations of section 


276(a) of such Act occurring on or after such date.





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





    (a) Definition.--


            (1) In general.--Section 101(a) (8 U.S.C. 1101(a)) 


        is amended by adding at the end the following new 


        paragraph:


    ``(48)(A) The term `conviction' means, with respect to an 


alien, a formal judgment of guilt of the alien entered by a 


court or, if adjudication of guilt has been withheld, where--


            ``(i) a judge or jury has found the alien guilty or 


        the alien has entered a plea of guilty or nolo 


        contendere or has admitted sufficient facts to warrant 


        a finding of guilt, and


            ``(ii) the judge has ordered some form of 


        punishment, penalty, or restraint on the alien's 


        liberty to be imposed.


    ``(B) Any reference to a term of imprisonment or a sentence 


with respect to an offense is deemed to include the period of 


incarceration or confinement ordered by a court of law 


regardless of any suspension of the imposition or execution of 


that imprisonment or sentence in whole or in part.''.


            (2) Conforming amendments.--


                    (A) Section 101(a)(43) (8 U.S.C. 


                1101(a)(43)) is amended by striking ``imposed 


                (regardless of any suspension of 


                imprisonment)'' each place it appears in 


                subparagraphs (F), (G), (N), and (P).


                    (B) Section 212(a)(2)(B) (8 U.S.C. 


                1182(a)(2)(B)) is amended by striking 


                ``actually imposed''.


    (b) Reference to Proof Provisions.--For provisions relating 


to proof of convictions, see subparagraphs (B) and (C) of 


section 240(c)(3) of the Immigration and Nationality Act, as 


inserted by section 304(a)(3).


    (c) Effective Date.--The amendments made by subsection (a) 


shall apply to convictions and sentences entered before, on, or 


after the date of the enactment of this Act. Subparagraphs (B) 


and (C) of section 240(c)(3) of the Immigration and Nationality 


Act, as inserted by section 304(a)(3), shall apply to proving 


such convictions.





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


                    CRIMINAL PAROLE.





    Section 263(a) (8 U.S.C. 1303(a)) is amended by striking 


``and (5)'' and inserting ``(5) aliens who are or have been on 


criminal probation or criminal parole within the United States, 


and (6)''.





SEC. 324. PENALTY FOR REENTRY OF DEPORTED ALIENS.





    (a) In General.--Section 276(a)(1) (8 U.S.C. 1326(a)(1)) is 


amended to read as follows:


            ``(1) has been arrested and deported, has been 


        excluded and deported, or has departed the United 


        States while an order of exclusion or deportation is 


        outstanding, and thereafter''.


    (b) Treatment of Stipulations.--The last sentence of 


section 276(b) (8 U.S.C. 1326(b)) is amended by inserting ``(or 


not during)'' after ``during''.


    (c) Effective Date.--The amendment made by subsection (a) 


shall apply to departures that occurred before, on, or after 


the date of the enactment of this Act, but only with respect to 


entries (and attempted entries) occurring on or after such 


date.





SEC. 325. CHANGE IN FILING REQUIREMENT.





    Section 2424 of title 18, United States Code, is amended--


            (1) in the first undesignated paragraph of 


        subsection (a)--


                    (A) by striking ``alien'' each place it 


                appears;


                    (B) by inserting after ``individual'' the 


                first place it appears the following: ``, 


                knowing or in reckless disregard of the fact 


                that the individual is an alien''; and


                    (C) by striking ``within three years after 


                that individual has entered the United States 


                from any country, party to the arrangement 


                adopted July 25, 1902, for the suppression of 


                the white-slave traffic'';


            (2) in the second undesignated paragraph of 


        subsection (a)--


                    (A) by striking ``thirty'' and inserting 


                ``five business''; and


                    (B) by striking ``within three years after 


                that individual has entered the United States 


                from any country, party to the said arrangement 


                for the suppression of the white-slave 


                traffic,''; and


            (3) in the text following the third undesignated 


        paragraph of subsection (a), by striking ``two'' and 


        inserting ``10''.





SEC. 326. CRIMINAL ALIEN IDENTIFICATION SYSTEM.





    Subsection (a) of section 130002 of the Violent Crime 


Control and Law Enforcement Act of 1994 (Public Law 103-322), 


as amended by section 432 of Public Law 104-132, is amended to 


read as follows:


    ``(a) Operation and Purpose.--The Commissioner of 


Immigration and Naturalization shall, under the authority of 


section 242(a)(3)(A) of the Immigration and Nationality Act 


operate a criminal alien identification system. The criminal 


alien identification system shall be used to assist Federal, 


State, and local law enforcement agencies in identifying and 


locating aliens who may be subject to removal by reason of 


their conviction of aggravated felonies, subject to prosecution 


under section 275 of such Act, not lawfully present in the 


United States, or otherwise removable. Such system shall 


include providing for recording of fingerprint records of 


aliens who have been previously arrested and removed into 


appropriate automated fingerprint identification systems.''.





SEC. 327. APPROPRIATIONS FOR CRIMINAL ALIEN TRACKING CENTER.





    Section 130002(b) of the Violent Crime Control and Law 


Enforcement Act of 1994 (8 U.S.C. 1252 note) is amended--


            (1) by inserting ``and'' after ``1996;'', and


            (2) by striking paragraph (2) and all that follows 


        through the period at the end and inserting the 


        following:


            ``(2) $5,000,000 for each of fiscal years 1997 


        through 2001.''.





SEC. 328. PROVISIONS RELATING TO STATE CRIMINAL ALIEN ASSISTANCE 


                    PROGRAM.





    (a) Modification of Authority.--


            (1) In general.--Section 241(i), as redesignated by 


        section 306(a)(1), is amended--


                    (A) in paragraph (3)(A), by striking 


                ``felony and sentenced to a term of 


                imprisonment'' and inserting ``felony or two or 


                more misdemeanors'', and


                    (B) by adding at the end the following new 


                paragraph:


            ``(6) To the extent of available appropriations, 


        funds otherwise made available under this section with 


        respect to a State (or political subdivision, including 


        a municipality) for incarceration of an undocumented 


        criminal alien may, at the discretion of the recipient 


        of the funds, be used for the costs of imprisonment of 


        such alien in a State, local, or municipal prison or 


        jail.''.


            (2) Effective date.--The amendment made by 


        paragraph (1) shall apply beginning with fiscal year 


        1997.


    (b) Sense of the Congress With Respect to Program.--


            (1) Findings.--The Congress finds as follows:


                    (A) Of the $130,000,000 appropriated in 


                fiscal year 1995 for the State Criminal Alien 


                Assistance Program, the Department of Justice 


                disbursed the first $43,000,000 to States on 


                October 6, 1994, 32 days before the 1994 


                general election, and then failed to disburse 


                the remaining $87,000,000 until January 31, 


                1996, 123 days after the end of fiscal year 


                1995.


                    (B) While H.R. 2880, the continuing 


                appropriation measure funding certain 


                operations of the Federal Government from 


                January 26, 1996 to March 15, 1996, included 


                $66,000,000 to reimburse States for the cost of 


                incarcerating documented illegal immigrant 


                felons, the Department of Justice failed to 


                disburse any of the funds to the States during 


                the period of the continuing appropriation.


            (2) Sense of the congress.--It is the sense of the 


        Congress that--


                    (A) the Department of Justice was 


                disturbingly slow in disbursing fiscal year 


                1995 funds under the State Criminal Alien 


                Assistance Program to States after the initial 


                grants were released just prior to the 1994 


                election; and


                    (B) the Attorney General should make it a 


                high priority to expedite the disbursement of 


                Federal funds intended to reimburse States for 


                the cost of incarcerating illegal immigrants, 


                aiming for all State Criminal Alien Assistance 


                Program funds to be disbursed during the fiscal 


                year for which they are appropriated.





SEC. 329. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLEGAL ALIENS IN 


                    INCARCERATION FACILITY OF ANAHEIM, CALIFORNIA.





    (a) Authority.--The Attorney General shall conduct a 


project demonstrating the feasibility of identifying, from 


among the individuals who are incarcerated in local 


governmental prison facilities prior to arraignment on criminal 


charges, those individuals who are aliens unlawfully present in 


the United States.


    (b) Description of Project.--The project authorized by 


subsection (a) shall include--


            (1) the detail to incarceration facilities within 


        the city of Anaheim, California and the county of 


        Ventura, California, of an employee of the Immigration 


        and Naturalization Service who has expertise in the 


        identification of aliens unlawfully in the United 


        States, and


            (2) provision of funds sufficient to provide for--


                    (A) access for such employee to records of 


                the Service necessary to identify such aliens, 


                and


                    (B) in the case of an individual identified 


                as such an alien, pre-arraignment reporting to 


                the court regarding the Service's intention to 


                remove the alien from the United States.


    (c) Termination.--The authority under this section shall 


cease to be effective 6 months after the date of the enactment 


of this Act.





SEC. 330. PRISONER TRANSFER TREATIES.





    (a) Negotiations With Other Countries.--(1) Congress 


advises the President to begin to negotiate and renegotiate, 


not later than 90 days after the date of enactment of this Act, 


bilateral prisoner transfer treaties, providing for the 


incarceration, in the country of the alien's nationality, of 


any alien who--


            (A) is a national of a country that is party to 


        such a treaty; and


            (B) has been convicted of a criminal offense under 


        Federal or State law and who--


                    (i) is not in lawful immigration status in 


                the United States, or


                    (ii) on the basis of conviction for a 


                criminal offense under Federal or State law, or 


                on any other basis, is subject to deportation 


                or removal under the Immigration and 


                Nationality Act,





for the duration of the prison term to which the alien was 


sentenced for the offense referred to in subparagraph (B). Any 


such agreement may provide for the release of such alien 


pursuant to parole procedures of that country.


    (2) In entering into negotiations under paragraph (1), the 


President may consider providing for appropriate compensation, 


subject to the availability of appropriations, in cases where 


the United States is able to independently verify the adequacy 


of the sites where aliens will be imprisoned and the length of 


time the alien is actually incarcerated in the foreign country 


under such a treaty.


    (b) Sense of Congress.--It is the sense of the Congress 


that--


            (1) the focus of negotiations for such agreements 


        should be--


                    (A) to expedite the transfer of aliens 


                unlawfully in the United States who are (or are 


                about to be) incarcerated in United States 


                prisons,


                    (B) to ensure that a transferred prisoner 


                serves the balance of the sentence imposed by 


                the United States courts,


                    (C) to eliminate any requirement of 


                prisoner consent to such a transfer, and


                    (D) to allow the Federal Government or the 


                States to keep their original prison sentences 


                in force so that transferred prisoners who 


                return to the United States prior to the 


                completion of their original United States 


                sentences can be returned to custody for the 


                balance of their prisons sentences;


            (2) the Secretary of State should give priority to 


        concluding an agreement with any country for which the 


        President determines that the number of aliens 


        described in subsection (a) who are nationals of that 


        country in the United States represents a significant 


        percentage of all such aliens in the United States; and


            (3) no new treaty providing for the transfer of 


        aliens from Federal, State, or local incarceration 


        facilities to a foreign incarceration facility should 


        permit the alien to refuse the transfer.


    (c) Prisoner Consent.--Notwithstanding any other provision 


of law, except as required by treaty, the transfer of an alien 


from a Federal, State, or local incarceration facility under an 


agreement of the type referred to in subsection (a) shall not 


require consent of the alien.


    (d) Annual Report.--Not later than 90 days after the date 


of the enactment of this Act, and annually thereafter, the 


Attorney General shall submit a report to the Committees on the 


Judiciary of the House of Representatives and of the Senate 


stating whether each prisoner transfer treaty to which the 


United States is a party has been effective in the preceding 12 


months in bringing about the return of deportable incarcerated 


aliens to the country of which they are nationals and in 


ensuring that they serve the balance of their sentences.


    (e) Training Foreign Law Enforcement Personnel.--(1) 


Subject to paragraph (2), the President shall direct the Border 


Patrol Academy and the Customs Service Academy to enroll for 


training an appropriate number of foreign law enforcement 


personnel, and shall make appointments of foreign law 


enforcement personnel to such academies, as necessary to 


further the following United States law enforcement goals:


            (A) Preventing of drug smuggling and other cross-


        border criminal activity.


            (B) Preventing illegal immigration.


            (C) Preventing the illegal entry of goods into the 


        United States (including goods the sale of which is 


        illegal in the United States, the entry of which would 


        cause a quota to be exceeded, or the appropriate duty 


        or tariff for which has not been paid).


    (2) The appointments described in paragraph (1) shall be 


made only to the extent there is capacity in such academies 


beyond what is required to train United States citizens needed 


in the Border Patrol and Customs Service, and only of personnel 


from a country with which the prisoner transfer treaty has been 


stated to be effective in the most recent report referred to in 


subsection (d).


    (f) Authorization of Appropriations.--There are authorized 


to be appropriated such sums as may be necessary to carry out 


this section.





SEC. 331. PRISONER TRANSFER TREATIES STUDY.





    (a) Report to Congress.--Not later than 180 days after the 


date of the enactment of this Act, the Secretary of State and 


the Attorney General shall submit to the Committees on the 


Judiciary of the House of Representatives and of the Senate a 


report that describes the use and effectiveness of the prisoner 


transfer treaties with the three countries with the greatest 


number of their nationals incarcerated in the United States in 


removing from the United States such incarcerated nationals.


    (b) Use of Treaty.--The report under subsection (a) shall 


include--


            (1) the number of aliens convicted of a criminal 


        offense in the United States since November 30, 1977, 


        who would have been or are eligible for transfer 


        pursuant to the treaties;


            (2) the number of aliens described in paragraph (1) 


        who have been transferred pursuant to the treaties;


            (3) the number of aliens described in paragraph (2) 


        who have been incarcerated in full compliance with the 


        treaties;


            (4) the number of aliens who are incarcerated in a 


        penal institution in the United States who are eligible 


        for transfer pursuant to the treaties; and


            (5) the number of aliens described in paragraph (4) 


        who are incarcerated in Federal, State, and local penal 


        institutions in the United States.


    (c) Recommendations.--The report under subsection (a) shall 


include the recommendations of the Secretary of State and the 


Attorney General to increase the effectiveness and use of, and 


full compliance with, the treaties. In considering the 


recommendations under this subsection, the Secretary and the 


Attorney General shall consult with such State and local 


officials in areas disproportionately impacted by aliens 


convicted of criminal offenses as the Secretary and the 


Attorney General consider appropriate. Such recommendations 


shall address--


            (1) changes in Federal laws, regulations, and 


        policies affecting the identification, prosecution, and 


        deportation of aliens who have committed criminal 


        offenses in the United States;


            (2) changes in State and local laws, regulations, 


        and policies affecting the identification, prosecution, 


        and deportation of aliens who have committed a criminal 


        offense in the United States;


            (3) changes in the treaties that may be necessary 


        to increase the number of aliens convicted of criminal 


        offenses who may be transferred pursuant to the 


        treaties;


            (4) methods for preventing the unlawful reentry 


        into the United States of aliens who have been 


        convicted of criminal offenses in the United States and 


        transferred pursuant to the treaties;


            (5) any recommendations by appropriate officials of 


        the appropriate government agencies of such countries 


        regarding programs to achieve the goals of, and ensure 


        full compliance with, the treaties;


            (6) whether the recommendations under this 


        subsection require the renegotiation of the treaties; 


        and


            (7) the additional funds required to implement each 


        recommendation under this subsection.





SEC. 332. ANNUAL REPORT ON CRIMINAL ALIENS.





    Not later than 12 months after the date of the enactment of 


this Act, and annually thereafter, the Attorney General shall 


submit to the Committees on the Judiciary of the House of 


Representatives and of the Senate a report detailing--


            (1) the number of illegal aliens incarcerated in 


        Federal and State prisons for having committed 


        felonies, stating the number incarcerated for each type 


        of offense;


            (2) the number of illegal aliens convicted of 


        felonies in any Federal or State court, but not 


        sentenced to incarceration, in the year before the 


        report was submitted, stating the number convicted for 


        each type of offense;


            (3) programs and plans underway in the Department 


        of Justice to ensure the prompt removal from the United 


        States of criminal aliens subject to removal; and


            (4) methods for identifying and preventing the 


        unlawful reentry of aliens who have been convicted of 


        criminal offenses in the United States and removed from 


        the United States.





SEC. 333. PENALTIES FOR CONSPIRING WITH OR ASSISTING AN ALIEN TO COMMIT 


                    AN OFFENSE UNDER THE CONTROLLED SUBSTANCES IMPORT 


                    AND EXPORT ACT.





    (a) Review of Guidelines.--Not later than 6 months after 


the date of the enactment of this Act, the United States 


Sentencing Commission shall conduct a review of the guidelines 


applicable to an offender who conspires with, or aids or abets, 


a person who is not a citizen or national of the United States 


in committing any offense under section 1010 of the Controlled 


Substance Import and Export Act (21 U.S.C. 960).


    (b) Revision of Guidelines.--Following such review, 


pursuant to section 994(p) of title 28, United States Code, the 


Commission shall promulgate sentencing guidelines or amend 


existing sentencing guidelines to ensure an appropriately 


stringent sentence for such offenders.





SEC. 334. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL REENTRY, 


                    AND PASSPORT AND VISA FRAUD.





    (a) Failing to Depart.--The United States Sentencing 


Commission shall promptly promulgate, pursuant to section 994 


of title 28, United States Code, amendments to the sentencing 


guidelines to make appropriate increases in the base offense 


level for offenses under section 242(e) and 276(b) of the 


Immigration and Nationality Act (8 U.S.C. 1252(e) and 1326(b)) 


to reflect the amendments made by section 130001 of the Violent 


Crime Control and Law Enforcement Act of 1994.


    (b) Passport and Visa Offenses.--The United States 


Sentencing Commission shall promptly promulgate, pursuant to 


section 994 of title 28, United States Code, amendments to the 


sentencing guidelines to make appropriate increases in the base 


offense level for offenses under chapter 75 of title 18, United 


States Code to reflect the amendments made by section 130009 of 


the Violent Crime Control and Law Enforcement Act of 1994.





     Subtitle C--Revision of Grounds for Exclusion and Deportation





SEC. 341. PROOF OF VACCINATION REQUIREMENT FOR IMMIGRANTS.





    (a) In General.--Section 212(a)(1)(A) (8 U.S.C. 


1182(a)(1)(A)) is amended--


            (1) by redesignating clauses (ii) and (iii) as 


        clauses (iii) and (iv), respectively, and


            (2) by inserting after clause (i) the following new 


        clause:


                            ``(ii) who seeks admission as an 


                        immigrant, or who seeks adjustment of 


                        status to the status of an alien 


                        lawfully admitted for permanent 


                        residence, and who has failed to 


                        present documentation of having 


                        received vaccination against vaccine-


                        preventable diseases, which shall 


                        include at least the following 


                        diseases: mumps, measles, rubella, 


                        polio, tetanus and diphtheria toxoids, 


                        pertussis, influenza type B and 


                        hepatitis B, and any other vaccinations 


                        against vaccine-preventable diseases 


                        recommended by the Advisory Committee 


                        for Immunization Practices,''.


    (b) Waiver.--Section 212(g) (8 U.S.C. 1182(g)) is amended 


by striking ``, or'' at the end of paragraph (1) and all that 


follows and inserting a semicolon and the following:





        ``in accordance with such terms, conditions, and 


        controls, if any, including the giving of bond, as the 


        Attorney General, in the discretion of the Attorney 


        General after consultation with the Secretary of Health 


        and Human Services, may by regulation prescribe;


            ``(2) subsection (a)(1)(A)(ii) in the case of any 


        alien--


                    ``(A) who receives vaccination against the 


                vaccine-preventable disease or diseases for 


                which the alien has failed to present 


                documentation of previous vaccination,


                    ``(B) for whom a civil surgeon, medical 


                officer, or panel physician (as those terms are 


                defined by section 34.2 of title 42 of the Code 


                of Federal Regulations) certifies, according to 


                such regulations as the Secretary of Health and 


                Human Services may prescribe, that such 


                vaccination would not be medically appropriate, 


                or


                    ``(C) under such circumstances as the 


                Attorney General provides by regulation, with 


                respect to whom the requirement of such a 


                vaccination would be contrary to the alien's 


                religious beliefs or moral convictions; or


            ``(3) subsection (a)(1)(A)(iii) in the case of any 


        alien, in accordance with such terms, conditions, and 


        controls, if any, including the giving of bond, as the 


        Attorney General, in the discretion of the Attorney 


        General after consultation with the Secretary of Health 


        and Human Services, may by regulation prescribe.''.


    (c) Effective Date.--The amendments made by this section 


shall apply with respect to applications for immigrant visas or 


for adjustment of status filed after September 30, 1996.





SEC. 342. INCITEMENT OF TERRORIST ACTIVITY AND PROVISION OF FALSE 


                    DOCUMENTATION TO TERRORISTS AS A BASIS FOR 


                    EXCLUSION FROM THE UNITED STATES.





    (a) In General.--Section 212(a)(3)(B) (8 U.S.C. 


1182(a)(3)(B)) is amended--


            (1) by redesignating subclauses (III) and (IV) of 


        clause (i) as subclauses (IV) and (V), respectively;


            (2) by inserting after subclause (II) of clause (i) 


        the following new subclause:


                                    ``(III) has, under 


                                circumstances indicating an 


                                intention to cause death or 


                                serious bodily harm, incited 


                                terrorist activity,''; and


            (3) in clause (iii)(III), by inserting 


        ``documentation or'' before ``identification'';


    (b) Effective Date.--The amendments made by subsection (a) 


shall take effect on the date of the enactment of this Act and 


shall apply to incitement regardless of when it occurs.





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





    Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended--


            (1) by redesignating subparagraph (C) as 


        subparagraph (D), and


            (2) by inserting after subparagraph (B) the 


        following new subparagraph:


                    ``(C) Uncertified foreign health-care 


                workers.--Any alien who seeks to enter the 


                United States for the purpose of performing 


                labor as a health-care worker, other than a 


                physician, is excludable unless the alien 


                presents to the consular officer, or, in the 


                case of an adjustment of status, the Attorney 


                General, a certificate from the Commission on 


                Graduates of Foreign Nursing Schools, or a 


                certificate from an equivalent independent 


                credentialing organization approved by the 


                Attorney General in consultation with the 


                Secretary of Health and Human Services, 


                verifying that--


                            ``(i) the alien's education, 


                        training, license, and experience--


                                    ``(I) meet all applicable 


                                statutory and regulatory 


                                requirements for entry into the 


                                United States under the 


                                classification specified in the 


                                application;


                                    ``(II) are comparable with 


                                that required for an American 


                                health-care worker of the same 


                                type; and


                                    ``(III) are authentic and, 


                                in the case of a license, 


                                unencumbered;


                            ``(ii) the alien has the level of 


                        competence in oral and written English 


                        considered by the Secretary of Health 


                        and Human Services, in consultation 


                        with the Secretary of Education, to be 


                        appropriate for health care work of the 


                        kind in which the alien will be 


                        engaged, as shown by an appropriate 


                        score on one or more nationally 


                        recognized, commercially available, 


                        standardized assessments of the 


                        applicant's ability to speak and write; 


                        and


                            ``(iii) if a majority of States 


                        licensing the profession in which the 


                        alien intends to work recognize a test 


                        predicting the success on the 


                        profession's licensing or certification 


                        examination, the alien has passed such 


                        a test or has passed such an 


                        examination.





                For purposes of clause (ii), determination of 


                the standardized tests required and of the 


                minimum scores that are appropriate are within 


                the sole discretion of the Secretary of Health 


                and Human Services and are not subject to 


                further administrative or judicial review.''.





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





    (a) Exclusion of Aliens Who Have Falsely Claimed United 


States Citizenship.--Section 212(a)(6)(C) (8 U.S.C. 


1182(a)(6)(C)) is amended--


            (1) by redesignating clause (ii) as clause (iii), 


        and


            (2) by inserting after clause (i) the following new 


        clause:


                            ``(ii) Falsely claiming 


                        citizenship.--Any alien who falsely 


                        represents, or has falsely represented, 


                        himself or herself to be a citizen of 


                        the United States for any purpose or 


                        benefit under this Act (including 


                        section 274A) or any other Federal or 


                        State law is excludable.''.


    (b) Deportation of Aliens Who Have Falsely Claimed United 


States Citizenship.--Section 241(a)(3) (8 U.S.C. 1251(a)(3)) is 


amended by adding at the end the following new subparagraph:


                    ``(D) Falsely claiming citizenship.--Any 


                alien who falsely represents, or has falsely 


                represented, himself to be a citizen of the 


                United States for any purpose or benefit under 


                this Act (including section 274A) or any 


                Federal or State law is deportable.''.


    (c) Effective Date.--The amendments made by this section 


shall apply to representations made on or after the date of the 


enactment of this Act.





SEC. 345. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR CERTAIN 


                    SECTION 274C VIOLATORS.





    (a) Exclusion Grounds.--Section 212 (8 U.S.C. 1182) is 


amended--


            (1) by amending subparagraph (F) of subsection 


        (a)(6) to read as follows:


                    ``(F) Subject of civil penalty.--


                            ``(i) In general.--An alien who is 


                        the subject of a final order for 


                        violation of section 274C is 


                        inadmissible.


                            ``(ii) Waiver authorized.--For 


                        provision authorizing waiver of clause 


                        (i), see subsection (d)(12).''; and


            (2) by adding at the end of subsection (d) the 


        following new paragraph:


    ``(12) The Attorney General may, in the discretion of the 


Attorney General for humanitarian purposes or to assure family 


unity, waive application of clause (i) of subsection 


(a)(6)(F)--


            ``(A) in the case of an alien lawfully admitted for 


        permanent residence who temporarily proceeded abroad 


        voluntarily and not under an order of deportation or 


        removal and who is otherwise admissible to the United 


        States as a returning resident under section 211(b), 


        and


            ``(B) in the case of an alien seeking admission or 


        adjustment of status under section 201(b)(2)(A) or 


        under section 203(a),





if no previous civil money penalty was imposed against the 


alien under section 274C and the offense was committed solely 


to assist, aid, or support the alien's spouse or child (and not 


another individual). No court shall have jurisdiction to review 


a decision of the Attorney General to grant or deny a waiver 


under this paragraph.''.


    (b) Ground of Deportation.--Subparagraph (C) of section 


241(a)(3) (8 U.S.C. 1251(a)(3)), before redesignation by 


section 305(a)(2), is amended to read as follows:


                    ``(C) Document fraud.--


                            ``(i) In general.--An alien who is 


                        the subject of a final order for 


                        violation of section 274C is 


                        deportable.


                            ``(ii) Waiver authorized.--The 


                        Attorney General may waive clause (i) 


                        in the case of an alien lawfully 


                        admitted for permanent residence if no 


                        previous civil money penalty was 


                        imposed against the alien under section 


                        274C and the offense was incurred 


                        solely to assist, aid, or support the 


                        alien's spouse or child (and no other 


                        individual). No court shall have 


                        jurisdiction to review a decision of 


                        the Attorney General to grant or deny a 


                        waiver under this clause.''.





SEC. 346. INADMISSIBILITY OF CERTAIN STUDENT VISA ABUSERS.





    (a) In General.--Section 212(a)(6) (8 U.S.C. 1182(a)(6)) is 


amended by adding at the end the following new subparagraph:


                    ``(G) Student visa abusers.--An alien who 


                obtains the status of a nonimmigrant under 


                section 101(a)(15)(F)(i) and who violates a 


                term or condition of such status under section 


                214(l) is excludable until the alien has been 


                outside the United States for a continuous 


                period of 5 years after the date of the 


                violation.''.


    (b) Effective Date.--The amendment made by subsection (a) 


shall apply to aliens who obtain the status of a nonimmigrant 


under section 101(a)(15)(F) of the Immigration and Nationality 


Act after the end of the 60-day period beginning on the date of 


the enactment of this Act, including aliens whose status as 


such a nonimmigrant is extended after the end of such period.





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





    (a) Exclusion of Aliens Who Have Unlawfully Voted.--Section 


212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by section 


301(b), is amended by adding at the end the following new 


subparagraph:


                    ``(D) Unlawful voters.--Any alien who has 


                voted in violation of any Federal, State, or 


                local constitutional provision, statute, 


                ordinance, or regulation is excludable.''.


    (b) Deportation of Aliens Who Have Unlawfully Voted.--


Section 241(a) (8 U.S.C. 1251(a)), before redesignation by 


section 305(a)(2), is amended by adding at the end the 


following new paragraph:


            ``(6) Unlawful voters.--Any alien who has voted in 


        violation of any Federal, State, or local 


        constitutional provision, statute, ordinance, or 


        regulation is deportable.''.


    (c) Effective Date.--The amendments made by this section 


shall apply to voting occurring before, on, or after the date 


of the enactment of this Act.





SEC. 348. WAIVERS FOR IMMIGRANTS CONVICTED OF CRIMES.





    (a) In General.--Section 212(h) (8 U.S.C. 1182(h)) is 


amended by adding at the end the following: ``No waiver shall 


be granted under this subsection in the case of an alien who 


has previously been admitted to the United States as an alien 


lawfully admitted for permanent residence if either since the 


date of such admission the alien has been convicted of an 


aggravated felony or the alien has not lawfully resided 


continuously in the United States for a period of not less than 


7 years immediately preceding the date of initiation of 


proceedings to remove the alien from the United States. No 


court shall have jurisdiction to review a decision of the 


Attorney General to grant or deny a waiver under this 


subsection.''.


    (b) Effective Date.--The amendment made by subsection (a) 


shall be effective on the date of the enactment of this Act and 


shall apply in the case of any alien who is in exclusion or 


deportation proceedings as of such date unless a final 


administrative order in such proceedings has been entered as of 


such date.





SEC. 349. WAIVER OF MISREPRESENTATION GROUND OF INADMISSIBILITY FOR 


                    CERTAIN ALIEN.





    Subsection (i) of section 212 (8 U.S.C. 1182) is amended to 


read as follows:


    ``(i)(1) The Attorney General may, in the discretion of the 


Attorney General, waive the application of clause (i) of 


subsection (a)(6)(C) in the case of an immigrant who is the 


spouse, son, or daughter of a United States citizen or of an 


alien lawfully admitted for permanent residence if it is 


established to the satisfaction of the Attorney General that 


the refusal of admission to the United States of such immigrant 


alien would result in extreme hardship to the citizen or 


lawfully resident spouse or parent of such an alien.


    ``(2) No court shall have jurisdiction to review a decision 


or action of the Attorney General regarding a waiver under 


paragraph (1).''.





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


                    DEPORTATION.





    (a) In General.--Section 241(a)(2) (8 U.S.C. 1251(a)(2)) is 


amended by adding at the end the following:


                    ``(E) Crimes of domestic violence, 


                stalking, or violation of protection order, 


                crimes against children and .--


                            ``(i) Domestic violence, stalking, 


                        and child abuse.--Any alien who at any 


                        time after entry is convicted of a 


                        crime of domestic violence, a crime of 


                        stalking, or a crime of child abuse, 


                        child neglect, or child abandonment is 


                        deportable. For purposes of this 


                        clause, the term `crime of domestic 


                        violence' means any crime of violence 


                        (as defined in section 16 of title 18, 


                        United States Code) against a person 


                        committed by a current or former spouse 


                        of the person, by an individual with 


                        whom the person shares a child in 


                        common, by an individual who is 


                        cohabiting with or has cohabited with 


                        the person as a spouse, by an 


                        individual similarly situated to a 


                        spouse of the person under the domestic 


                        or family violence laws of the 


                        jurisdiction where the offense occurs, 


                        or by any other individual against a 


                        person who is protected from that 


                        individual's acts under the domestic or 


                        family violence laws of the United 


                        States or any State, Indian tribal 


                        government, or unit of local 


                        government.


                    ``(ii) Violators of protection orders.--Any 


                alien who at any time after entry is enjoined 


                under a protection order issued by a court and 


                whom the court determines has engaged in 


                conduct that violates the portion of a 


                protection order that involves protection 


                against credible threats of violence, repeated 


                harassment, or bodily injury to the person or 


                persons for whom the protection order was 


                issued is deportable. For purposes of this 


                clause, the term `protection order' means any 


                injunction issued for the purpose of preventing 


                violent or threatening acts of domestic 


                violence, including temporary or final orders 


                issued by civil or criminal courts (other than 


                support or child custody orders or provisions) 


                whether obtained by filing an independent 


                action or as a pendente lite order in another 


                proceeding.''.


    (b) Effective Date.--The amendment made by subsection (a) 


shall apply to convictions, or violations of court orders, 


occurring after the date of the enactment of this Act.





SEC. 351. CLARIFICATION OF DATE AS OF WHICH RELATIONSHIP REQUIRED FOR 


                    WAIVER FROM EXCLUSION OR DEPORTATION FOR SMUGGLING.





    (a) Exclusion.--Section 212(d)(11) (8 U.S.C. 1182(d)(11)) 


is amended by inserting ``an individual who at the time of such 


action was'' after ``aided only''.


    (b) Deportation.--Section 241(a)(1)(E)(iii) (8 U.S.C. 


1251(a)(1)(E)(iii)) is amended by inserting ``an individual who 


at the time of the offense was'' after ``aided only''.


    (c) Effective Date.--The amendments made by this section 


shall apply to applications for waivers filed before, on, or 


after the date of the enactment of this Act, but shall not 


apply to such an application for which a final determination 


has been made as of the date of the enactment of this Act.





SEC. 352. EXCLUSION OF FORMER CITIZENS WHO RENOUNCED CITIZENSHIP TO 


                    AVOID UNITED STATES TAXATION.





    (a) In General.--Section 212(a)(10) (8 U.S.C. 1182(a)(10)), 


as redesignated by section 301(b) and as amended by section 


347(a), is amended by adding at the end the following:


                    ``(E) Former citizens who renounced 


                citizenship to avoid taxation.--Any alien who 


                is a former citizen of the United States who 


                officially renounces United States citizenship 


                and who is determined by the Attorney General 


                to have renounced United States citizenship for 


                the purpose of avoiding taxation by the United 


                States is excludable.''.


    (b) Effective Date.--The amendment made by subsection (a) 


shall apply to individuals who renounce United States 


citizenship on and after the date of the enactment of this Act.





SEC. 353. REFERENCES TO CHANGES ELSEWHERE IN ACT.





    (a) Deportation for High Speed Flight.--For provision 


making high speed flight from an immigration checkpoint subject 


to deportation, see section 108(c).


    (b) Inadmissibility of Aliens Previously Removed and 


Unlawfully Present.--For provision making aliens previously 


removed and unlawfully present in the United States 


inadmissible, see section 301(b).


    (c) Inadmissibility of Illegal Entrants.--For provision 


revising the ground of inadmissibility for illegal entrants and 


immigration violators, see section 301(c).


    (d) Deportation for Visa Violators.--For provision revising 


the ground of deportation for illegal entrants, see section 


301(d).


    (e) Labor Certifications for Professional Athletes.--For 


provision providing for continued validity of labor 


certifications and classification petitions for professional 


athletes, see section 624.





      Subtitle D--Changes in Removal of Alien Terrorist Provisions





SEC. 354. TREATMENT OF CLASSIFIED INFORMATION.





    (a) Limitation on Provision of Summaries; Use of Special 


Attorneys in Challenges to Classified Information.--


            (1) No provision of summary in certain cases.--


        Section 504(e)(3)(D) (8 U.S.C. 1534(e)(3)(D)) is 


        amended--


                    (A) in clause (ii), by inserting before the 


                period at the end the following: ``unless the 


                judge makes the findings under clause (iii)'', 


                and


                    (B) by adding at the end the following new 


                clause:


                            ``(iii) Findings.--The findings 


                        described in this clause are, with 


                        respect to an alien, that--


                                    ``(I) the continued 


                                presence of the alien in the 


                                United States would likely 


                                cause serious and irreparable 


                                harm to the national security 


                                or death or serious bodily 


                                injury to any person, and


                                    ``(II) the provision of the 


                                summary would likely cause 


                                serious and irreparable harm to 


                                the national security or death 


                                or serious bodily injury to any 


                                person.''.


            (2) Special challenge procedures.--Section 


        504(e)(3) (8 U.S.C. 1534(e)(3)) is amended by adding at 


        the end the following new subparagraphs:


                    ``(E) Continuation of hearing without 


                summary.--If a judge makes the findings 


                described in subparagraph (D)(iii)--


                            ``(i) if the alien involved is an 


                        alien lawfully admitted for permanent 


                        residence, the procedures described in 


                        subparagraph (F) shall apply; and


                            ``(ii) in all cases the special 


                        removal hearing shall continue, the 


                        Department of Justice shall cause to be 


                        delivered to the alien a statement that 


                        no summary is possible, and the 


                        classified information submitted in 


                        camera and ex parte may be used 


                        pursuant to this paragraph.


                    ``(F) Special procedures for access and 


                challenges to classified information by special 


                attorneys in case of lawful permanent aliens.--


                            ``(i) In general.--The procedures 


                        described in this subparagraph are that 


                        the judge (under rules of the removal 


                        court) shall designate a special 


                        attorney to assist the alien--


                                    ``(I) by reviewing in 


                                camera the classified 


                                information on behalf of the 


                                alien, and


                                    ``(II) by challenging 


                                through an in camera proceeding 


                                the veracity of the evidence 


                                contained in the classified 


                                information.


                            ``(ii) Restrictions on 


                        disclosure.--A special attorney 


                        receiving classified information under 


                        clause (i)--


                                    ``(I) shall not disclose 


                                the information to the alien or 


                                to any other attorney 


                                representing the alien, and


                                    ``(II) who discloses such 


                                information in violation of 


                                subclause (I) shall be subject 


                                to a fine under title 18, 


                                United States Code, imprisoned 


                                for not less than 10 years nor 


                                more than 25 years, or both.''.


            (3) Appeals.--Section 505(c) (8 U.S.C. 1535(c)) is 


        amended--


                    (A) in paragraph (1), by striking ``The 


                decision'' and inserting ``Subject to paragraph 


                (2), the decision'';


                    (B) in paragraph (3)(D), by inserting 


                before the period at the end the following: ``, 


                except that in the case of a review under 


                paragraph (2) in which an alien lawfully 


                admitted for permanent residence was denied a 


                written summary of classified information under 


                section 504(c)(3), the Court of Appeals shall 


                review questions of fact de novo'';


                    (C) by redesignating paragraphs (2) and (3) 


                as paragraphs (3) and (4), respectively; and


                    (D) by inserting after paragraph (1) the 


                following new paragraph:


            ``(2) Automatic appeals in cases of permanent 


        resident aliens in which no summary provided.--


                    ``(A) In general.--Unless the alien waives 


                the right to a review under this paragraph, in 


                any case involving an alien lawfully admitted 


                for permanent residence who is denied a written 


                summary of classified information under section 


                504(e)(3) and with respect to which the 


                procedures described in section 504(e)(3)(F) 


                apply, any order issued by the judge shall be 


                reviewed by the Court of Appeals for the 


                District of Columbia Circuit.


                    ``(B) Use of special attorney.--With 


                respect to any issue relating to classified 


                information that arises in such review, the 


                alien shall be represented only by the special 


                attorney designated under section 


                504(e)(3)(F)(i) on behalf of the alien.''.


            (4) Establishment of panel of special attorneys.--


        Section 502 (8 U.S.C. 1532) is amended by adding at the 


        end the following new subsection:


    ``(e) Establishment of Panel of Special Attorneys.--The 


removal court shall provide for the designation of a panel of 


attorneys each of whom--


            ``(1) has a security clearance which affords the 


        attorney access to classified information, and


            ``(2) has agreed to represent permanent resident 


        aliens with respect to classified information under 


        section 504(e)(3) in accordance with (and subject to 


        the penalties under) this title.''.


            (5) Definition of special attorney.--Section 501 (8 


        U.S.C. 1531) is amended--


                    (A) by striking ``and'' at the end of 


                paragraph (5),


                    (B) by striking the period at the end of 


                paragraph (6) and inserting ``; and'', and


                    (C) by adding at the end the following new 


                paragraph:


            ``(7) the term `special attorney' means an attorney 


        who is on the panel established under section 


        502(e).''.


    (b) Other Provisions Relating to Classified Information.--


            (1) Introduction of classified information.--


        Section 504(e) (8 U.S.C. 1534(e)) is amended--


                    (A) in paragraph (1)--


                            (i) by inserting after ``(A)'' the 


                        following: ``the Government is 


                        authorized to use in a removal 


                        proceedings the fruits of electronic 


                        surveillance and unconsented physical 


                        searches authorized under the Foreign 


                        Intelligence Surveillance Act of 1978 


                        (50 U.S.C. 1801 et seq.) without regard 


                        to subsections (c), (e), (f), (g), and 


                        (h) of section 106 of that Act and'', 


                        and


                            (ii) by striking ``the Foreign 


                        Intelligence Surveillance Act of 1978 


                        (50 U.S.C. 1801 et seq.)'' and 


                        inserting ``such Act''; and


                    (B) by striking the period at the end of 


                paragraph (3)(A) and inserting the following: 


                ``and neither the alien nor the public shall be 


                informed of such evidence or its sources other 


                than through reference to the summary provided 


                pursuant to this paragraph. Notwithstanding the 


                previous sentence, the Department of Justice 


                may, in its discretion and, in the case of 


                classified information, after coordination with 


                the originating agency, elect to introduce such 


                evidence in open session.''.


            (2) Maintenance of confidentiality of classified 


        information in arguments.--Section 504(f) (8 U.S.C. 


        1534(f)) is amended by adding at the end the following: 


        ``The judge may allow any part of the argument that 


        refers to evidence received in camera and ex parte to 


        be heard in camera and ex parte.''.


            (3) Maintenance of confidentiality of classified 


        information in orders.--Section 504(j) (8 U.S.C. 


        1534(j)) is amended by adding at the end the following: 


        ``Any portion of the order that would reveal the 


        substance or source of information received in camera 


        and ex parte pursuant to subsection (e) shall not be 


        made available to the alien or the public.''.





SEC. 355. EXCLUSION OF REPRESENTATIVES OF TERRORISTS ORGANIZATIONS.





    Section 212(a)(3)(B)(i)(IV) (8 U.S.C. 


1182(a)(3)(B)(i)(VI)), as inserted by section 411(1)(C) of 


Public Law 104-132, is amended by inserting ``which the alien 


knows or should have known is a terrorist organization'' after 


``219,''.





SEC. 356. STANDARD FOR JUDICIAL REVIEW OF TERRORIST ORGANIZATION 


                    DESIGNATIONS.





    Section 219(b)(3) (8 U.S.C. 1189(b)(3)), as added by 


section 302(a) of Public Law 104-132, is amended--


            (1) by striking ``or'' at the end of subparagraph 


        (B),


            (2) by striking the period at the end of 


        subparagraph (C) and inserting a semicolon, and


            (3) by adding at the end the following:


                    ``(D) lacking substantial support in the 


                administrative record taken as a whole or in 


                classified information submitted to the court 


                under paragraph (2), or


                    ``(E) not in accord with the procedures 


                required by law.''.





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





    Section 504(k) (8 U.S.C. 1534(k)) is amended--


            (1) by redesignating paragraphs (4) and (5) as 


        paragraphs (5) and (6), and


            (2) by inserting after paragraph (3) the following 


        new paragraph:


            ``(4) voluntary departure under section 244(e);''.





SEC. 358. EFFECTIVE DATE.





    The amendments made by this subtitle shall be effective as 


if included in the enactment of subtitle A of title IV of the 


Antiterrorism and Effective Death Penalty Act of 1996 (Public 


Law 104-132).





                  Subtitle E--Transportation of Aliens





SEC. 361. DEFINITION OF STOWAWAY.





    (a) Stowaway Defined.--Section 101(a) (8 U.S.C. 1101(a)), 


as amended by section 322(a)(1), is amended by adding at the 


end the following new paragraph:


    ``(49) The term `stowaway' means any alien who obtains 


transportation without the consent of the owner, charterer, 


master or person in command of any vessel or aircraft through 


concealment aboard such vessel or aircraft. A passenger who 


boards with a valid ticket is not to be considered a 


stowaway.''.


    (b) Effective Date.--The amendment made by subsection (a) 


shall take effect on the date of the enactment of this Act.





SEC. 362. TRANSPORTATION CONTRACTS.





    (a) Coverage of Noncontiguous Territory.--Section 238 (8 


U.S.C. 1228), before redesignation as section 233 under section 


308(b)(4), is amended--


            (1) in the heading, by striking ``contiguous'', and


            (2) by striking ``contiguous'' each place it 


        appears in subsections (a), (b), and (d).


    (b) Coverage of Railroad Train.--Subsection (d) of such 


section is further amended by inserting ``or railroad train'' 


after ``aircraft''.





                   Subtitle F--Additional Provisions





SEC. 371. IMMIGRATION JUDGES AND COMPENSATION.





    (a) Definition of Term.--Paragraph (4) of section 101(b) (8 


U.S.C. 1101(b)) is amended to read as follows:


    ``(4) The term `immigration judge' means an attorney whom 


the Attorney General appoints as an administrative judge within 


the Executive Office for Immigration Review, qualified to 


conduct specified classes of proceedings, including a hearing 


under section 240. An immigration judge shall be subject to 


such supervision and shall perform such duties as the Attorney 


General shall prescribe, but shall not be employed by the 


Immigration and Naturalization Service.''.


    (b) Substitution for Term ``Special Inquiry Officer''.--The 


Immigration and Nationality Act is amended by striking ``a 


special inquiry officer'', ``A special inquiry officer'', 


``special inquiry officer'', and ``special inquiry officers'' 


and inserting ``an immigration judge'', ``An immigration 


judge'', ``immigration judge'', and ``immigration judges'', 


respectively, each place it appears in the following sections:


            (1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)), 


        before its repeal by section 306(c).


            (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).


            (3) Section 234 (8 U.S.C. 1224), before 


        redesignation by section 308(b).


            (4) Section 235 (8 U.S.C. 1225), before amendment 


        by section 302(a).


            (5) Section 236 (8 U.S.C. 1226), before amendment 


        by section 303.


            (6) Section 242(b) (8 U.S.C. 1252(b)), before 


        amendment by section 306(a)(2).


            (7) Section 242B(d)(1) (8 U.S.C. 1252b(d)(1)), 


        before repeal by section 306(b)(6).


            (8) Section 273(d) (8 U.S.C. 1323(d)), before its 


        repeal by section 308(e)(13).


            (9) Section 292 (8 U.S.C. 1362).


    (c) Compensation for Immigration Judges.--


            (1) In general.--There shall be four levels of pay 


        for immigration judges, under the Immigration Judge 


        Schedule (designated as IJ-1, 2, 3, and 4, 


        respectively), and each such judge shall be paid at one 


        of those levels, in accordance with the provisions of 


        this subsection.


            (2) Rates of pay.--


                    (A) The rates of basic pay for the levels 


                established under paragraph (1) shall be as 


                follows:


  IJ-1..............70% of the next to highest rate of basic pay for the 


                    Senior Executive Service


  IJ-2..............80% of the next to highest rate of basic pay for the 


                    Senior Executive Service


  IJ-3..............90% of the next to highest rate of basic pay for the 


                    Senior Executive Service


  IJ-4..............92% of the next to highest rate of basic pay for the 


                    Senior Executive Service.


                    (B) Locality pay, where applicable, shall 


                be calculated into the basic pay for 


                immigration judges.


            (3) Appointment.--


                    (A) Upon appointment, an immigration judge 


                shall be paid at IJ-1, and shall be advanced to 


                IJ-2 upon completion of 104 weeks of service, 


                to IJ-3 upon completion of 104 weeks of service 


                in the next lower rate, and to IJ-4 upon 


                completion of 52 weeks of service in the next 


                lower rate.


                    (B) Notwithstanding subparagraph (A), the 


                Attorney General may provide for appointment of 


                an immigration judge at an advanced rate under 


                such circumstances as the Attorney General may 


                determine appropriate.


            (4) Transition.--Immigration judges serving as of 


        the effective date shall be paid at the rate that 


        corresponds to the amount of time, as provided under 


        paragraph (3)(A), that they have served as an 


        immigration judge, and in no case shall be paid less 


        after the effective date than the rate of pay prior to 


        the effective date.


    (d) Effective Dates.--


            (1) Subsections (a) and (b) shall take effect on 


        the date of the enactment of this Act.


            (2) Subsection (c) shall take effect 90 days after 


        the date of the enactment of this Act.





SEC. 372. DELEGATION OF IMMIGRATION ENFORCEMENT AUTHORITY.





    Section 103(a) (8 U.S.C. 1103(a)) is amended--


            (1) inserting ``(1)'' after ``(a)'',


            (2) by designating each sentence (after the first 


        sentence) as a separate paragraph with appropriate 


        consecutive numbering and initial indentation,


            (3) by adding at the end the following new 


        paragraph:


    ``(8) In the event the Attorney General determines that an 


actual or imminent mass influx of aliens arriving off the coast 


of the United States, or near a land border, presents urgent 


circumstances requiring an immediate Federal response, the 


Attorney General may authorize any State or local law 


enforcement officer, with the consent of the head of the 


department, agency, or establishment under whose jurisdiction 


the individual is serving, to perform or exercise any of the 


powers, privileges, or duties conferred or imposed by this Act 


or regulations issued thereunder upon officers or employees of 


the Service.''.





SEC. 373. POWERS AND DUTIES OF THE ATTORNEY GENERAL AND THE 


                    COMMISSIONER.





    Section 103 (8 U.S.C. 1103) is amended--


            (1) by adding at the end of subsection (a) the 


        following new paragraph:


    ``(9) The Attorney General, in support of persons in 


administrative detention in non-Federal institutions, is 


authorized--


            ``(A) to make payments from funds appropriated for 


        the administration and enforcement of the laws relating 


        to immigration, naturalization, and alien registration 


        for necessary clothing, medical care, necessary guard 


        hire, and the housing, care, and security of persons 


        detained by the Service pursuant to Federal law under 


        an agreement with a State or political subdivision of a 


        State; and


            ``(B) to enter into a cooperative agreement with 


        any State, territory, or political subdivision thereof, 


        for the necessary construction, physical renovation, 


        acquisition of equipment, supplies or materials 


        required to establish acceptable conditions of 


        confinement and detention services in any State or unit 


        of local government which agrees to provide guaranteed 


        bed space for persons detained by the Service.''; and


            (2) by adding at the end of subsection (c), as 


        redesignated by section 102(d)(1), the following: ``The 


        Commissioner may enter into cooperative agreements with 


        State and local law enforcement agencies for the 


        purpose of assisting in the enforcement of the 


        immigration laws.''.





SEC. 374. JUDICIAL DEPORTATION.





    (a) In General.--Section 242A(d) (8 U.S.C. 1252a(d)), as 


added by section 224(a) of Immigration and Nationality 


Technical Corrections Act of 1994 and before redesignation by 


section 308(b)(5), is amended--


            (1) in paragraph (1), by striking ``whose criminal 


        conviction causes such alien to be deportable under 


        section 241(a)(2)(A)'' and inserting ``who is 


        deportable'';


            (2) in paragraph (4), by striking ``without a 


        decision on the merits''; and


            (3) by adding at the end the following new 


        paragraph:


            ``(5) Stipulated judicial order of deportation.--


        The United States Attorney, with the concurrence of the 


        Commissioner, may, pursuant to Federal Rule of Criminal 


        Procedure 11, enter into a plea agreement which calls 


        for the alien, who is deportable under this Act, to 


        waive the right to notice and a hearing under this 


        section, and stipulate to the entry of a judicial order 


        of deportation from the United States as a condition of 


        the plea agreement or as a condition of probation or 


        supervised release, or both. The United States district 


        court, in both felony and misdemeanor cases, and a 


        United States magistrate judge in misdemeanor cases, 


        may accept such a stipulation and shall have 


        jurisdiction to enter a judicial order of deportation 


        pursuant to the terms of such stipulation.''.


    (b) Deportation As a Condition of Probation.--Section 


3563(b) of title 18, United States Code, is amended--


            (1) by striking ``or'' at the end of paragraph 


        (20);


            (2) by redesignating paragraph (21) as paragraph 


        (22); and


            (3) by inserting after paragraph (20) the following 


        new paragraph:


            ``(21) be ordered deported by a United States 


        district court, or United States magistrate judge, 


        pursuant to a stipulation entered into by the defendant 


        and the United States under section 242A(d)(5) of the 


        Immigration and Nationality Act, except that, in the 


        absence of a stipulation, the United States district 


        court or a United States magistrate judge, may order 


        deportation as a condition of probation, if, after 


        notice and hearing pursuant to such section, the 


        Attorney General demonstrates by clear and convincing 


        evidence that the alien is deportable; or''.


    (c) Effective Date.--The amendment made by subsection 


(a)(2) shall be effective as if included in the enactment of 


section 224(a) of the Immigration and Nationality Technical 


Corrections Act of 1994.





SEC. 375. LIMITATION ON ADJUSTMENT OF STATUS.





    Section 245(c) (8 U.S.C. 1255(c)) is amended--


            (1) by striking ``or (6)'' and inserting ``(6)''; 


        and


            (2) by inserting before the period at the end the 


        following: ``; (7) any alien who seeks adjustment of 


        status to that of an immigrant under section 203(b) and 


        is not in a lawful nonimmigrant status; or (8) any 


        alien who was employed while the alien was an 


        unauthorized alien, as defined in section 274A(h)(3), 


        or who has otherwise violated the terms of a 


        nonimmigrant visa''.





SEC. 376. TREATMENT OF CERTAIN FEES.





    (a) Increase in Fee.--Section 245(i) (8 U.S.C. 1255(i)), as 


added by section 506(b) of Public Law 103-317, is amended--


            (1) in paragraph (1), by striking ``five times the 


        fee required for the processing of applications under 


        this section'' and inserting ``$1,000''; and


            (2) by amending paragraph (3) to read as follows:


    ``(3)(A) The portion of each application fee (not to exceed 


$200) that the Attorney General determines is required to 


process an application under this section and is remitted to 


the Attorney General pursuant to paragraphs (1) and (2) of this 


subsection shall be disposed of by the Attorney General as 


provided in subsections (m), (n), and (o) of section 286.


    ``(B) Any remaining portion of such fees remitted under 


such paragraphs shall be deposited by the Attorney General into 


the Immigration Detention Account established under section 


286(s).''.


    (b) Immigration Detention Account.--Section 286 (8 U.S.C. 


1356) is amended by adding at the end the following new 


subsection:


    ``(s) Immigration Detention Account.--(1) There is 


established in the general fund of the Treasury a separate 


account which shall be known as the `Immigration Detention 


Account'. Notwithstanding any other section of this title, 


there shall be deposited as offsetting receipts into the 


Immigration Detention Account amounts described in section 


245(i)(3)(B) to remain available until expended.


    ``(2)(A) The Secretary of the Treasury shall refund out of 


the Immigration Detention Account to any appropriation the 


amount paid out of such appropriation for expenses incurred by 


the Attorney General for the detention of aliens under sections 


236(c) and 241(a).


    ``(B) The amounts which are required to be refunded under 


subparagraph (A) shall be refunded at least quarterly on the 


basis of estimates made by the Attorney General of the expenses 


referred to in subparagraph (A). Proper adjustments shall be 


made in the amounts subsequently refunded under subparagraph 


(A) to the extent prior estimates were in excess of, or less 


than, the amount required to be refunded under subparagraph 


(A).


    ``(C) The amounts required to be refunded from the 


Immigration Detention Account for fiscal year 1997 and 


thereafter shall be refunded in accordance with estimates made 


in the budget request of the Attorney General for those fiscal 


years. Any proposed changes in the amounts designated in such 


budget requests shall only be made after notification to the 


Committees on Appropriations of the House of Representatives 


and the Senate in accordance with section 605 of Public Law 


104-134.


    ``(D) The Attorney General shall prepare and submit 


annually to the Congress statements of financial condition of 


the Immigration Detention Account, including beginning account 


balance, revenues, withdrawals, and ending account balance and 


projection for the ensuing fiscal year.''.


    (c) Effective Date.--The amendments made by this section 


shall apply to applications made on or after the end of the 90-


day period beginning on the date of the enactment of this Act.





SEC. 377. LIMITATION ON LEGALIZATION LITIGATION.





    (a) Limitation on Court Jurisdiction.--Section 245A(f)(4) 


(8 U.S.C. 1255a(f)(4)) is amended by adding at the end the 


following new subparagraph:


                    ``(C) Jurisdiction of courts.--


                Notwithstanding any other provision of law, no 


                court shall have jurisdiction of any cause of 


                action or claim by or on behalf of any person 


                asserting an interest under this section unless 


                such person in fact filed an application under 


                this section within the period specified by 


                subsection (a)(1), or attempted to file a 


                complete application and application fee with 


                an authorized legalization officer of the 


                Service but had the application and fee refused 


                by that officer.''.


    (b) Effective Date.--The amendment made by subsection (a) 


shall be effective as if included in the enactment of the 


Immigration Reform and Control Act of 1986.





SEC. 378. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.





    (a) In General.--Section 246(a) (8 U.S.C. 1256(a)) is 


amended by adding at the end the following sentence: ``Nothing 


in this subsection shall require the Attorney General to 


rescind the alien's status prior to commencement of procedures 


to remove the alien under section 240, and an order of removal 


issued by an immigration judge shall be sufficient to rescind 


the alien's status.''.


    (b) Effective Date.--The amendment made by subsection (a) 


shall take effect on the title III-A effective date (as defined 


in section 309(a)).





SEC. 379. ADMINISTRATIVE REVIEW OF ORDERS.





    (a) In General.--Sections 274A(e)(7) and 274C(d)(4) (8 


U.S.C. 1324a(e)(7), 1324c(d)(4)) are each amended--


            (1) by striking ``unless, within 30 days, the 


        Attorney General modifies or vacates the decision and 


        order'' and inserting ``unless either (A) within 30 


        days, an official delegated by regulation to exercise 


        review authority over the decision and order modifies 


        or vacates the decision and order, or (B) within 30 


        days of the date of such a modification or vacation (or 


        within 60 days of the date of decision and order of an 


        administrative law judge if not so modified or vacated) 


        the decision and order is referred to the Attorney 


        General pursuant to regulations''; and


            (2) by striking ``a final order'' and inserting 


        ``the final agency decision and order''.


    (b) Effective Date.--The amendments made by subsection (a) 


shall apply to orders issued on or after the date of the 


enactment of this Act.





SEC. 380. CIVIL PENALTIES FOR FAILURE TO DEPART.





    (a) In General.--The Immigration and Nationality Act is 


amended by inserting after section 274C the following new 


section:








                ``civil penalties for failure to depart








    ``Sec. 274D. (a) In General.--Any alien subject to a final 


order of removal who--


            ``(1) willfully fails or refuses to--


                    ``(A) depart from the United States 


                pursuant to the order,


                    ``(B) make timely application in good faith 


                for travel or other documents necessary for 


                departure, or


                    ``(C) present for removal at the time and 


                place required by the Attorney General; or


            ``(2) conspires to or takes any action designed to 


        prevent or hamper the alien's departure pursuant to the 


        order,





shall pay a civil penalty of not more than $500 to the 


Commissioner for each day the alien is in violation of this 


section.


    ``(b) Construction.--Nothing in this section shall be 


construed to diminish or qualify any penalties to which an 


alien may be subject for activities proscribed by section 


243(a) or any other section of this Act.''.


    (b) Clerical Amendment.--The table of contents is amended 


by inserting after the item relating to section 274C the 


following new item:





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





    (c) Effective Date.--The amendment made by subsection (a) 


shall apply to actions occurring on or after the title III-A 


effective date (as defined in section 309(a)).





SEC. 381. CLARIFICATION OF DISTRICT COURT JURISDICTION.





    (a) In General.--Section 279 (8 U.S.C. 1329) is amended--


            (1) by amending the first sentence to read as 


        follows: ``The district courts of the United States 


        shall have jurisdiction of all causes, civil and 


        criminal, brought by the United States that arise under 


        the provisions of this title.'', and


            (2) by adding at the end the following new 


        sentence: ``Nothing in this section shall be construed 


        as providing jurisdiction for suits against the United 


        States or its agencies or officers.''.


    (b) Effective Date.--The amendments made by subsection (a) 


shall apply to actions filed after the date of the enactment of 


this Act.





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





    (a) In General.--Subsection (b) of section 280 (8 U.S.C. 


1330) is amended to read as follows:


    ``(b)(1) There is established in the general fund of the 


Treasury a separate account which shall be known as the 


`Immigration Enforcement Account'. Notwithstanding any other 


section of this title, there shall be deposited as offsetting 


receipts into the Immigration Enforcement Account amounts 


described in paragraph (2) to remain available until expended.


    ``(2) The amounts described in this paragraph are the 


following:


            ``(A) The increase in penalties collected resulting 


        from the amendments made by sections 203(b) and 543(a) 


        of the Immigration Act of 1990.


            ``(B) Civil penalties collected under sections 


        240B(d), 274C, 274D, and 275(b).


    ``(3)(A) The Secretary of the Treasury shall refund out of 


the Immigration Enforcement Account to any appropriation the 


amount paid out of such appropriation for expenses incurred by 


the Attorney General for activities that enhance enforcement of 


provisions of this title. Such activities include--


            ``(i) the identification, investigation, 


        apprehension, detention, and removal of criminal 


        aliens;


            ``(ii) the maintenance and updating of a system to 


        identify and track criminal aliens, deportable aliens, 


        inadmissible aliens, and aliens illegally entering the 


        United States; and


            ``(iii) for the repair, maintenance, or 


        construction on the United States border, in areas 


        experiencing high levels of apprehensions of illegal 


        aliens, of structures to deter illegal entry into the 


        United States.


    ``(B) The amounts which are required to be refunded under 


subparagraph (A) shall be refunded at least quarterly on the 


basis of estimates made by the Attorney General of the expenses 


referred to in subparagraph (A). Proper adjustments shall be 


made in the amounts subsequently refunded under subparagraph 


(A) to the extent prior estimates were in excess of, or less 


than, the amount required to be refunded under subparagraph 


(A).


    ``(C) The amounts required to be refunded from the 


Immigration Enforcement Account for fiscal year 1996 and 


thereafter shall be refunded in accordance with estimates made 


in the budget request of the Attorney General for those fiscal 


years. Any proposed changes in the amounts designated in such 


budget requests shall only be made after notification to the 


Committees on Appropriations of the House of Representatives 


and the Senate in accordance with section 605 of Public Law 


104-134.


    ``(D) The Attorney General shall prepare and submit 


annually to the Congress statements of financial condition of 


the Immigration Enforcement Account, including beginning 


account balance, revenues, withdrawals, and ending account 


balance and projection for the ensuing fiscal year.''.


    (b) Immigration User Fee Account.--Section 286(h)(1)(B) (8 


U.S.C. 1356(h)(1)(B)) is amended by striking ``271'' and 


inserting ``243(c), 271,''.


    (c) Effective Date.--The amendments made by this section 


shall apply to fines and penalties collected on or after the 


date of the enactment of this Act.


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





    (a) In General.--Section 301(e) of the Immigration Act of 


1990 (8 U.S.C. 1255a note) is amended--


            (1) by striking ``or'' at the end of paragraph (1),


            (2) by striking the period at the end of paragraph 


        (2) and inserting ``, or'', and


            (3) by adding at the end the following new 


        paragraph:


            ``(3) has committed an act of juvenile delinquency 


        which if committed by an adult would be classified as--


                    ``(A) a felony crime of violence that has 


                an element the use or attempted use of physical 


                force against another individual, or


                    ``(B) a felony offense that by its nature 


                involves a substantial risk that physical force 


                against another individual may be used in the 


                course of committing the offense.''.


    (b) Effective Date.--The amendments made by subsection (a) 


shall apply to benefits granted or extended after the date of 


the enactment of this Act.





SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION.





    (a) In General.--Except as provided in subsection (b), in 


no case may the Attorney General, or any other official or 


employee of the Department of Justice (including any bureau or 


agency of such Department)--


            (1) make an adverse determination of admissibility 


        or deportability of an alien under the Immigration and 


        Nationality Act using information furnished solely by--


                    (A) a spouse or parent who has battered the 


                alien or subjected the alien to extreme 


                cruelty,


                    (B) a member of the spouse's or parent's 


                family residing in the same household as the 


                alien who has battered the alien or subjected 


                the alien to extreme cruelty when the spouse or 


                parent consented to or acquiesced in such 


                battery or cruelty,


                    (C) a spouse or parent who has battered the 


                alien's child or subjected the alien's child to 


                extreme cruelty (without the active 


                participation of the alien in the battery or 


                extreme cruelty), or


                    (D) a member of the spouse's or parent's 


                family residing in the same household as the 


                alien who has battered the alien's child or 


                subjected the alien's child to extreme cruelty 


                when the spouse or parent consented to or 


                acquiesced in such battery or cruelty and the 


                alien did not actively participate in such 


                battery or cruelty,





        unless the alien has been convicted of a crime or 


        crimes listed in section 241(a)(2) of the Immigration 


        and Nationality Act; or


            (2) permit use by or disclosure to anyone (other 


        than a sworn officer or employee of the Department, or 


        bureau or agency thereof, for legitimate Department, 


        bureau, or agency purposes) of any information which 


        relates to an alien who is the beneficiary of an 


        application for relief under clause (iii) or (iv) of 


        section 204(a)(1)(A), clause (ii) or (iii) of section 


        204(a)(1)(B), section 216(c)(4)(C), or section 


        244(a)(3) of such Act as an alien (or the parent of a 


        child) who has been battered or subjected to extreme 


        cruelty.





The limitation under paragraph (2) ends when the application 


for relief is denied and all opportunities for appeal of the 


denial have been exhausted.


    (b) Exceptions.--


            (1) The Attorney General may provide, in the 


        Attorney General's discretion, for the disclosure of 


        information in the same manner and circumstances as 


        census information may be disclosed by the Secretary of 


        Commerce under section 8 of title 13, United States 


        Code.


            (2) The Attorney General may provide in the 


        discretion of the Attorney General for the disclosure 


        of information to law enforcement officials to be used 


        solely for a legitimate law enforcement purpose.


            (3) Subsection (a) shall not be construed as 


        preventing disclosure of information in connection with 


        judicial review of a determination in a manner that 


        protects the confidentiality of such information.


            (4) Subsection (a)(2) shall not apply if all the 


        battered individuals in the case are adults and they 


        have all waived the restrictions of such subsection.


    (c) Penalties for Violations.--Anyone who willfully uses, 


publishes, or permits information to be disclosed in violation 


of this section shall be subject to appropriate disciplinary 


action and subject to a civil money penalty of not more than 


$5,000 for each such violation.


    (d) Conforming Amendments to Other Disclosure 


Restrictions.--


            (1) In general.--The last sentence of section 


        210(b)(6) and the second sentence of section 245A(c)(5) 


        (8 U.S.C. 1255a(c)(5)) are each amended to read as 


        follows: ``Anyone who uses, publishes, or permits 


        information to be examined in violation of this 


        paragraph shall be subject to appropriate disciplinary 


        action and subject to a civil money penalty of not more 


        than $5,000 for each violation.''.


            (2) Effective date.--The amendments made by this 


        subsection shall apply to offenses occurring on or 


        after the date of the enactment of this Act.





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





    In addition to the amounts otherwise authorized to be 


appropriated for each fiscal year beginning with fiscal year 


1996, there are authorized to be appropriated to the Attorney 


General $150,000,000 for costs associated with the removal of 


inadmissible or deportable aliens, including costs of detention 


of such aliens pending their removal, the hiring of more 


investigators, and the hiring of more detention and deportation 


officers.





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


                    SPACE.





    (a) Increase in Detention Facilities.--Subject to the 


availability of appropriations, the Attorney General shall 


provide for an increase in the detention facilities of the 


Immigration and Naturalization Service to at least 9,000 beds 


before the end of fiscal year 1997.


    (b) Report on Detention Space.--


            (1) In general.--Not later than 6 months after the 


        date of the enactment of this Act, and every 6 months 


        thereafter, the Attorney General shall submit a report 


        to the Committees on the Judiciary of the House of 


        Representatives and of the Senate estimating the amount 


        of detention space that will be required, during the 


        fiscal year in which the report is submitted and the 


        succeeding fiscal year, to detain--


                    (A) all aliens subject to detention under 


                section 236(c) of the Immigration and 


                Nationality Act (as amended by section 303 of 


                this title) and section 241(a) of the 


                Immigration and Nationality Act (as inserted by 


                section 305(a)(3) of this title);


                    (B) all excludable or deportable aliens 


                subject to proceedings under section 238 of the 


                Immigration and Nationality Act (as 


                redesignated by section 308(b)(5) of this 


                title) or section 235(b)(2)(A) or 240 of the 


                Immigration and Nationality Act; and


                    (C) other excludable or deportable aliens 


                in accordance with the priorities established 


                by the Attorney General.


            (2) Estimate of number of aliens released into the 


        community.--


                    (A) Criminal aliens.--


                            (i) In general.--The first report 


                        submitted under paragraph (1) shall 


                        include an estimate of the number of 


                        criminal aliens who, in each of the 3 


                        fiscal years concluded prior to the 


                        date of the report--


                                    (I) were released from 


                                detention facilities of the 


                                Immigration and Naturalization 


                                Service (whether operated 


                                directly by the Service or 


                                through contract with other 


                                persons or agencies); or


                                    (II) were not taken into 


                                custody or detention by the 


                                Service upon completion of 


                                their incarceration.


                            (ii) Aliens convicted of aggravated 


                        felonies.--The estimate under clause 


                        (i) shall estimate separately, with 


                        respect to each year described in such 


                        clause, the number of criminal aliens 


                        described in such clause who were 


                        convicted of an aggravated felony.


                    (B) All excludable or deportable aliens.--


                The first report submitted under paragraph (1) 


                shall also estimate the number of excludable or 


                deportable aliens who were released into the 


                community due to a lack of detention facilities 


                in each of the 3 fiscal years concluded prior 


                to the date of the report notwithstanding 


                circumstances that the Attorney General 


                believed justified detention (for example, a 


                significant probability that the released alien 


                would not appear, as agreed, at subsequent 


                exclusion or deportation proceedings).


                    (C) Subsequent reports.--Each report under 


                paragraph (1) following the first such report 


                shall include the estimates under subparagraphs 


                (A) and (B), made with respect to the 6-month 


                period immediately preceding the date of the 


                submission of the report.





SEC. 387. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR THE 


                    DETENTION OF INADMISSIBLE OR DEPORTABLE ALIENS.





    (a) Establishment.--The Attorney General and the Secretary 


of Defense shall establish one or more pilot programs for up to 


2 years each to determine the feasibility of the use of 


military bases, available because of actions under a base 


closure law, as detention centers by the Immigration and 


Naturalization Service. In selecting real property at a 


military base for use as a detention center under the pilot 


program, the Attorney General and the Secretary shall consult 


with the redevelopment authority established for the military 


base and give substantial deference to the redevelopment plan 


prepared for the military base.


    (b) Report.--Not later than 30 months after the date of the 


enactment of this Act, the Attorney General, together with the 


Secretary of Defense, shall submit a report to the Committees 


on the Judiciary of the House of Representatives and of the 


Senate, and the Committees on Armed Services of the House of 


Representatives and of the Senate, on the feasibility of using 


military bases closed under a base closure law as detention 


centers by the Immigration and Naturalization Service.


    (c) Definition.--For purposes of this section, the term 


``base closure law'' means each of the following:


            (1) The Defense Base Closure and Realignment Act of 


        1990 (part A of title XXIX of Public Law 101-510; 10 


        U.S.C. 2687 note).


            (2) Title II of the Defense Authorization 


        Amendments and Base Closure and Realignment Act (Public 


        Law 100-526; 10 U.S.C. 2687 note).


            (3) Section 2687 of title 10, United States Code.


            (4) Any other similar law enacted after the date of 


        the enactment of this Act.





SEC. 388. REPORT ON INTERIOR REPATRIATION PROGRAM.





    Not later than 30 months after the date of the enactment of 


this Act, the Attorney General, in consultation with the 


Secretary of State, shall submit a report to the Committees on 


the Judiciary of the House of Representatives and of the Senate 


on the operation of the program of interior repatriation 


developed under section 437 of the Antiterrorism and Effective 


Death Penalty Act of 1996 (Public Law 104-132).





        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT





   Subtitle A--Pilot Programs for Employment Eligibility Confirmation





SEC. 401. ESTABLISHMENT OF PROGRAMS.





    (a) In General.--The Attorney General shall conduct 3 pilot 


programs of employment eligibility confirmation under this 


subtitle.


    (b) Implementation Deadline; Termination.--The Attorney 


General shall implement the pilot programs in a manner that 


permits persons and other entities to have elections under 


section 402 made and in effect no later than 1 year after the 


date of the enactment of this Act. Unless the Congress 


otherwise provides, the Attorney General shall terminate a 


pilot program at the end of the 4-year period beginning on the 


first day the pilot program is in effect.


    (c) Scope of Operation of Pilot Programs.--The Attorney 


General shall provide for the operation--


            (1) of the basic pilot program (described in 


        section 403(a)) in, at a minimum, 5 of the 7 States 


        with the highest estimated population of aliens who are 


        not lawfully present in the United States;


            (2) of the citizen attestation pilot program 


        (described in section 403(b)) in at least 5 States (or, 


        if fewer, all of the States) that meet the condition 


        described in section 403(b)(2)(A); and


            (3) of the machine-readable-document pilot program 


        (described in section 403(c)) in at least 5 States (or, 


        if fewer, all of the States) that meet the condition 


        described in section 403(c)(2).


    (d) References in Subtitle.--In this subtitle--


            (1) Pilot program references.--The terms 


        ``program'' or ``pilot program'' refer to any of the 3 


        pilot programs provided for under this subtitle.


            (2) Confirmation system.--The term ``confirmation 


        system'' means the confirmation system established 


        under section 404.


            (3) References to section 274a.--Any reference in 


        this subtitle to section 274A (or a subdivision of such 


        section) is deemed a reference to such section (or 


        subdivision thereof) of the Immigration and Nationality 


        Act.


            (4) I-9 or similar form.--The term ``I-9 or similar 


        form'' means the form used for purposes of section 


        274A(b)(1)(A) or such other form as the Attorney 


        General determines to be appropriate.


             (5) Limited application to recruiters and 


        referrers.--Any reference to recruitment or referral 


        (or a recruiter or referrer) in relation to employment 


        is deemed a reference only to such recruitment or 


        referral (or recruiter or referrer) that is subject to 


        section 274A(a)(1)(B)(ii).


            (6) United states citizenship.--The term ``United 


        States citizenship'' includes United States 


        nationality.


            (7) State.--The term ``State'' has the meaning 


        given such term in section 101(a)(36) of the 


        Immigration and Nationality Act.





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





    (a) Voluntary Election.--Subject to subsection (c)(3)(B), 


any person or other entity that conducts any hiring (or 


recruitment or referral) in a State in which a pilot program is 


operating may elect to participate in that pilot program. 


Except as specifically provided in subsection (e), the Attorney 


General may not require any person or other entity to 


participate in a pilot program.


    (b) Benefit of Rebuttable Presumption.--


            (1) In general.--If a person or other entity is 


        participating in a pilot program and obtains 


        confirmation of identity and employment eligibility in 


        compliance with the terms and conditions of the program 


        with respect to the hiring (or recruitment or referral) 


        of an individual for employment in the United States, 


        the person or entity has established a rebuttable 


        presumption that the person or entity has not violated 


        section 274A(a)(1)(A) with respect to such hiring (or 


        such recruitment or referral).


            (2) Construction.--Paragraph (1) shall not be 


        construed as preventing a person or other entity that 


        has an election in effect under subsection (a) from 


        establishing an affirmative defense under section 


        274A(a)(3) if the person or entity complies with the 


        requirements of section 274A(a)(1)(B) but fails to 


        obtain confirmation under paragraph (1).


    (c) General Terms of Elections.--


            (1) In general.--An election under subsection (a) 


        shall be in such form and manner, under such terms and 


        conditions, and shall take effect, as the Attorney 


        General shall specify. The Attorney General may not 


        impose any fee as a condition of making an election or 


        participating in a pilot program.


            (2) Scope of election.--


                    (A) In general.--Subject to paragraph (3), 


                any electing person or other entity may provide 


                that the election under subsection (a) shall 


                apply (during the period in which the election 


                is in effect)--


                            (i) to all its hiring (and all 


                        recruitment or referral) in the State 


                        (or States) in which the pilot program 


                        is operating, or


                            (ii) to its hiring (or recruitment 


                        or referral) in one or more pilot 


                        program States or one or more places of 


                        hiring (or recruitment or referral, as 


                        the case may be) in the pilot program 


                        States.


                    (B) Application of programs in non-pilot 


                program states.--In addition, the Attorney 


                General may permit a person or entity 


                electing--


                            (i) the basic pilot program 


                        (described in section 403(a)) to 


                        provide that the election applies to 


                        its hiring (or recruitment or referral) 


                        in one or more States or places of 


                        hiring (or recruitment or referral) in 


                        which the pilot program is not 


                        otherwise operating, or


                            (ii) the citizen attestation pilot 


                        program (described in 403(b)) or the 


                        machine-readable-document pilot program 


                        (described in section 403(c)) to 


                        provide that the election applies to 


                        its hiring (or recruitment or referral) 


                        in one or more States or places of 


                        hiring (or recruitment or referral) in 


                        which the pilot program is not 


                        otherwise operating but only if such 


                        States meet the requirements of 


                        403(b)(2)(A) and 403(c)(2), 


                        respectively.


            (3) Acceptance and rejection of elections.--


                    (A) In general.--Except as provided in 


                subparagraph (B), the Attorney General shall 


                accept all elections made under subsection (a).


                    (B) Rejection of elections.--The Attorney 


                General may reject an election by a person or 


                other entity under this section or limit its 


                applicability to certain States or places of 


                hiring (or recruitment or referral) if the 


                Attorney General has determined that there are 


                insufficient resources to provide appropriate 


                services under a pilot program for the person's 


                or entity's hiring (or recruitment or referral) 


                in any or all States or places of hiring.


            (4) Termination of elections.--The Attorney General 


        may terminate an election by a person or other entity 


        under this section because the person or entity has 


        substantially failed to comply with its obligations 


        under the pilot program. A person or other entity may 


        terminate an election in such form and manner as the 


        Attorney General shall specify.


    (d) Consultation, Education, and Publicity.--


            (1) Consultation.--The Attorney General shall 


        closely consult with representatives of employers (and 


        recruiters and referrers) in the development and 


        implementation of the pilot programs, including the 


        education of employers (and recruiters and referrers) 


        about such programs.


            (2) Publicity.--The Attorney General shall widely 


        publicize the election process and pilot programs, 


        including the voluntary nature of the pilot programs 


        and the advantages to employers (and recruiters and 


        referrers) of making an election under this section.


            (3) Assistance through district offices.--The 


        Attorney General shall designate one or more 


        individuals in each District office of the Immigration 


        and Naturalization Service for a Service District in 


        which a pilot program is being implemented--


                    (A) to inform persons and other entities 


                that seek information about pilot programs of 


                the voluntary nature of such programs, and


                    (B) to assist persons and other entities in 


                electing and participating in any pilot 


                programs in effect in the District, in 


                complying with the requirements of section 


                274A, and in facilitating confirmation of the 


                identity and employment eligibility of 


                individuals consistent with such section.


    (e) Select Entities Required to Participate in a Pilot 


Program.--


            (1) Federal government.--


                    (A) Executive departments.--


                            (i) In general.--Each Department of 


                        the Federal Government shall elect to 


                        participate in a pilot program and 


                        shall comply with the terms and 


                        conditions of such an election.


                            (ii) Election.--Subject to clause 


                        (iii), the Secretary of each such 


                        Department--


                                    (I) shall elect the pilot 


                                program (or programs) in which 


                                the Department shall 


                                participate, and


                                    (II) may limit the election 


                                to hiring occurring in certain 


                                States (or geographic areas) 


                                covered by the program (or 


                                programs) and in specified 


                                divisions within the 


                                Department, so long as all 


                                hiring by such divisions and in 


                                such locations is covered.


                            (iii) Role of attorney general.--


                        The Attorney General shall assist and 


                        coordinate elections under this 


                        subparagraph in such manner as assures 


                        that--


                                    (I) a significant portion 


                                of the total hiring within each 


                                Department within States 


                                covered by a pilot program is 


                                covered under such a program, 


                                and


                                    (II) there is significant 


                                participation by the Federal 


                                Executive branch in each of the 


                                pilot programs.


                    (B) Legislative branch.--Each Member of 


                Congress, each officer of Congress, and the 


                head of each agency of the legislative branch, 


                that conducts hiring in a State in which a 


                pilot program is operating shall elect to 


                participate in a pilot program, may specify 


                which pilot program or programs (if there is 


                more than one) in which the Member, officer, or 


                agency will participate, and shall comply with 


                the terms and conditions of such an election.


            (2) Application to certain violators.--An order 


        under section 274A(e)(4) or section 274B(g) of the 


        Immigration and Nationality Act may require the subject 


        of the order to participate in, and comply with the 


        terms of, a pilot program with respect to the subject's 


        hiring (or recruitment or referral) of individuals in a 


        State covered by such a program.


            (3) Consequence of failure to participate.--If a 


        person or other entity is required under this 


        subsection to participate in a pilot program and fails 


        to comply with the requirements of such program with 


        respect to an individual--


                    (A) such failure shall be treated as a 


                violation of section 274A(a)(1)(B) with respect 


                to that individual, and


                    (B) a rebuttable presumption is created 


                that the person or entity has violated section 


                274A(a)(1)(A).


        Subparagraph (B) shall not apply in any prosecution 


        under section 274A(f)(1).


    (f) Construction.--This subtitle shall not affect the 


authority of the Attorney General under any other law 


(including section 274A(d)(4)) to conduct demonstration 


projects in relation to section 274A.





SEC. 403. PROCEDURES FOR PARTICIPANTS IN PILOT PROGRAMS.





    (a) Basic Pilot Program.--A person or other entity that 


elects to participate in the basic pilot program described in 


this subsection agrees to conform to the following procedures 


in the case of the hiring (or recruitment or referral) for 


employment in the United States of each individual covered by 


the election:


            (1) Provision of additional information.--The 


        person or entity shall obtain from the individual (and 


        the individual shall provide) and shall record on the 


        I-9 or similar form--


                    (A) the individual's social security 


                account number, if the individual has been 


                issued such a number, and


                    (B) if the individual does not attest to 


                United States citizenship under section 


                274A(b)(2), such identification or 


                authorization number established by the 


                Immigration and Naturalization Service for the 


                alien as the Attorney General shall specify,


        and shall retain the original form and make it 


        available for inspection for the period and in the 


        manner required of I-9 forms under section 274A(b)(3).


            (2) Presentation of documentation.--


                    (A) In general.--The person or other 


                entity, and the individual whose identity and 


                employment eligibility are being confirmed, 


                shall, subject to subparagraph (B), fulfill the 


                requirements of section 274A(b) with the 


                following modifications:


                            (i) A document referred to in 


                        section 274A(b)(1)(B)(ii) (as 


                        redesignated by section 412(a)) must be 


                        designated by the Attorney General as 


                        suitable for the purpose of 


                        identification in a pilot program.


                            (ii) A document referred to in 


                        section 274A(b)(1)(D) must contain a 


                        photograph of the individual.


                            (iii) The person or other entity 


                        has complied with the requirements of 


                        section 274A(b)(1) with respect to 


                        examination of a document if the 


                        document reasonably appears on its face 


                        to be genuine and it reasonably appears 


                        to pertain to the individual whose 


                        identity and work eligibility is being 


                        confirmed.


                    (B) Limitation of requirement to examine 


                documentation.--If the Attorney General finds 


                that a pilot program would reliably determine 


                with respect to an individual whether--


                            (i) the person with the identity 


                        claimed by the individual is authorized 


                        to work in the United States, and


                            (ii) the individual is claiming the 


                        identity of another person,





                if a person or entity could fulfill the 


                requirement to examine documentation contained 


                in subparagraph (A) of section 274A(b)(1) by 


                examining a document specified in either 


                subparagraph (B) or (D) of such section, the 


                Attorney General may provide that, for purposes 


                of such requirement, only such a document need 


                be examined. In such case, any reference in 


                section 274A(b)(1)(A) to a verification that an 


                individual is not an unauthorized alien shall 


                be deemed to be a verification of the 


                individual's identity.


            (3) Seeking confirmation.--


                    (A) In general.--The person or other entity 


                shall make an inquiry, as provided in section 


                404(a)(1), using the confirmation system to 


                seek confirmation of the identity and 


                employment eligibility of an individual, by not 


                later than the end of 3 working days (as 


                specified by the Attorney General) after the 


                date of the hiring (or recruitment or referral, 


                as the case may be).


                    (B) Extension of time period.--If the 


                person or other entity in good faith attempts 


                to make an inquiry during such 3 working days 


                and the confirmation system has registered that 


                not all inquiries were received during such 


                time, the person or entity can make an inquiry 


                in the first subsequent working day in which 


                the confirmation system registers that it has 


                received all inquiries. If the confirmation 


                system cannot receive inquiries at all times 


                during a day, the person or entity merely has 


                to assert that the entity attempted to make the 


                inquiry on that day for the previous sentence 


                to apply to such an inquiry, and does not have 


                to provide any additional proof concerning such 


                inquiry.


            (4) Confirmation or nonconfirmation.--


                    (A) Confirmation upon initial inquiry.--If 


                the person or other entity receives an 


                appropriate confirmation of an individual's 


                identity and work eligibility under the 


                confirmation system within the time period 


                specified under section 404(b), the person or 


                entity shall record on the I-9 or similar form 


                an appropriate code that is provided under the 


                system and that indicates a final confirmation 


                of such identity and work eligibility of the 


                individual.


                    (B) Nonconfirmation upon initial inquiry 


                and secondary verification.--


                            (i) Nonconfirmation.--If the person 


                        or other entity receives a tentative 


                        nonconfirmation of an individual's 


                        identity or work eligibility under the 


                        confirmation system within the time 


                        period specified under 404(b), the 


                        person or entity shall so inform the 


                        individual for whom the confirmation is 


                        sought.


                            (ii) No contest.--If the individual 


                        does not contest the nonconfirmation 


                        within the time period specified in 


                        section 404(c), the nonconfirmation 


                        shall be considered final. The person 


                        or entity shall then record on the I-9 


                        or similar form an appropriate code 


                        which has been provided under the 


                        system to indicate a tentative 


                        nonconfirmation.


                            (iii) Contest.--If the individual 


                        does contest the nonconfirmation, the 


                        individual shall utilize the process 


                        for secondary verification provided 


                        under section 404(c). The 


                        nonconfirmation will remain tentative 


                        until a final confirmation or 


                        nonconfirmation is provided by the 


                        confirmation system within the time 


                        period specified in such section. In no 


                        case shall an employer terminate 


                        employment of an individual because of 


                        a failure of the individual to have 


                        identity and work eligibility confirmed 


                        under this section until a 


                        nonconfirmation becomes final. Nothing 


                        in this clause shall apply to a 


                        termination of employment for any 


                        reason other than because of such a 


                        failure.


                            (iv) Recording of conclusion on 


                        form.--If a final confirmation or 


                        nonconfirmation is provided by the 


                        confirmation system under section 


                        404(c) regarding an individual, the 


                        person or entity shall record on the I-


                        9 or similar form an appropriate code 


                        that is provided under the system and 


                        that indicates a confirmation or 


                        nonconfirmation of identity and work 


                        eligibility of the individual.


                    (C) Consequences of nonconfirmation.--


                            (i) Termination or notification of 


                        continued employment.--If the person or 


                        other entity has received a final 


                        nonconfirmation regarding an individual 


                        under subparagraph (B), the person or 


                        entity may terminate employment (or 


                        recruitment or referral) of the 


                        individual. If the person or entity 


                        does not terminate employment (or 


                        recruitment or referral) of the 


                        individual, the person or entity shall 


                        notify the Attorney General of such 


                        fact through the confirmation system or 


                        in such other manner as the Attorney 


                        General may specify.


                            (ii) Failure to notify.--If the 


                        person or entity fails to provide 


                        notice with respect to an individual as 


                        required under clause (i), the failure 


                        is deemed to constitute a violation of 


                        section 274A(a)(1)(B) with respect to 


                        that individual and the applicable 


                        civil monetary penalty under section 


                        274A(e)(5) shall be (notwithstanding 


                        the amounts specified in such section) 


                        no less than $500 and no more than 


                        $1,000 for each individual with respect 


                        to whom such violation occurred.


                            (iii) Continued employment after 


                        final nonconfirmation.--If the person 


                        or other entity continues to employ (or 


                        to recruit or refer) an individual 


                        after receiving final nonconfirmation, 


                        a rebuttable presumption is created 


                        that the person or entity has violated 


                        section 274A(a)(1)(A). The previous 


                        sentence shall not apply in any 


                        prosecution under section 274A(f)(1).


    (b) Citizen Attestation Pilot Program.--


            (1) In general.--Except as provided in paragraphs 


        (3) through (5), the procedures applicable under the 


        citizen attestation pilot program under this subsection 


        shall be the same procedures as those under the basic 


        pilot program under subsection (a).


            (2) Restrictions.--


                    (A) State document requirement to 


                participate in pilot program.--The Attorney 


                General may not provide for the operation of 


                the citizen attestation pilot program in a 


                State unless each driver's license or similar 


                identification document described in section 


                274A(b)(1)(D)(i) issued by the State--


                            (i) contains a photograph of the 


                        individual involved, and


                            (ii) has been determined by the 


                        Attorney General to have security 


                        features, and to have been issued 


                        through application and issuance 


                        procedures, which make such document 


                        sufficiently resistant to 


                        counterfeiting, tampering, and 


                        fraudulent use that it is a reliable 


                        means of identification for purposes of 


                        this section.


                    (B) Authorization to limit employer 


                participation.--The Attorney General may 


                restrict the number of persons or other 


                entities that may elect to participate in the 


                citizen attestation pilot program under this 


                subsection as the Attorney General determines 


                to be necessary to produce a representative 


                sample of employers and to reduce the potential 


                impact of fraud.


            (3) No confirmation required for certain 


        individuals attesting to u.s. citizenship.--In the case 


        of a person or other entity hiring (or recruiting or 


        referring) an individual under the citizen attestation 


        pilot program, if the individual attests to United 


        States citizenship (under penalty of perjury on an I-9 


        or similar form which form states on its face the 


        criminal and other penalties provided under law for a 


        false representation of United States citizenship)--


                    (A) the person or entity may fulfill the 


                requirement to examine documentation contained 


                in subparagraph (A) of section 274A(b)(1) by 


                examining a document specified in either 


                subparagraph (B)(i) or (D) of such section; and


                    (B) the person or other entity is not 


                required to comply with respect to such 


                individual with the procedures described in 


                paragraphs (3) and (4) of subsection (a), but 


                only if the person or entity retains the form 


                and makes it available for inspection in the 


                same manner as in the case of an I-9 form under 


                section 274A(b)(3).


            (4) Waiver of document presentation requirement in 


        certain cases.--


                    (A) In general.--In the case of a person or 


                entity that elects, in a manner specified by 


                the Attorney General consistent with 


                subparagraph (B), to participate in the pilot 


                program under this paragraph, if an individual 


                being hired (or recruited or referred) attests 


                (in the manner described in paragraph (3)) to 


                United States citizenship and the person or 


                entity retains the form on which the 


                attestation is made and makes it available for 


                inspection in the same manner as in the case of 


                an I-9 form under section 274A(b)(3), the 


                person or entity is not required to comply with 


                the procedures described in section 274A(b).


                    (B) Restriction.--The Attorney General 


                shall restrict the election under this 


                paragraph to no more than 1,000 employers and, 


                to the extent practicable, shall select among 


                employers seeking to make such election in a 


                manner that provides for such an election by a 


                representative sample of employers.


            (5) Nonreviewable determinations.--The 


        determinations of the Attorney General under paragraphs 


        (2) and (4) are within the discretion of the Attorney 


        General and are not subject to judicial or 


        administrative review.


    (c) Machine-Readable-Document Pilot Program.--


            (1) In general.--Except as provided in paragraph 


        (3), the procedures applicable under the machine-


        readable-document pilot program under this subsection 


        shall be the same procedures as those under the basic 


        pilot program under subsection (a).


            (2) State document requirement to participate in 


        pilot program.--The Attorney General may not provide 


        for the operation of the machine-readable-document 


        pilot program in a State unless driver's licenses and 


        similar identification documents described in section 


        274A(b)(1)(D)(i) issued by the State include a machine-


        readable social security account number.


            (3) Use of machine-readable documents.--If the 


        individual whose identity and employment eligibility 


        must be confirmed presents to the person or entity 


        hiring (or recruiting or referring) the individual a 


        license or other document described in paragraph (2) 


        that includes a machine-readable social security 


        account number, the person or entity must make an 


        inquiry through the confirmation system by using a 


        machine-readable feature of such document. If the 


        individual does not attest to United States citizenship 


        under section 274A(b)(2), the individual's 


        identification or authorization number described in 


        subsection (a)(1)(B) shall be provided as part of the 


        inquiry.


    (d) Protection from Liability for Actions Taken on the 


Basis of Information Provided by the Confirmation System.--No 


person or entity participating in a pilot program shall be 


civilly or criminally liable under any law for any action taken 


in good faith reliance on information provided through the 


confirmation system.





SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.





    (a) In General.--The Attorney General shall establish a 


pilot program confirmation system through which the Attorney 


General (or a designee of the Attorney General, which may be a 


nongovernmental entity)--


            (1) responds to inquiries made by electing persons 


        and other entities (including those made by the 


        transmittal of data from machine-readable documents 


        under the machine-readable pilot program) at any time 


        through a toll-free telephone line or other toll-free 


        electronic media concerning an individual's identity 


        and whether the individual is authorized to be 


        employed, and


            (2) maintains records of the inquiries that were 


        made, of confirmations provided (or not provided), and 


        of the codes provided to inquirers as evidence of their 


        compliance with their obligations under the pilot 


        programs.





To the extent practicable, the Attorney General shall seek to 


establish such a system using one or more nongovernmental 


entities.


    (b) Initial Response.--The confirmation system shall 


provide confirmation or a tentative nonconfirmation of an 


individual's identity and employment eligibility within 3 


working days of the initial inquiry. If providing confirmation 


or tentative nonconfirmation, the confirmation system shall 


provide an appropriate code indicating such confirmation or 


such nonconfirmation.


    (c) Secondary Verification Process in Case of Tentative 


Nonconfirmation.--In cases of tentative nonconfirmation, the 


Attorney General shall specify, in consultation with the 


Commissioner of Social Security and the Commissioner of the 


Immigration and Naturalization Service, an available secondary 


verification process to confirm the validity of information 


provided and to provide a final confirmation or nonconfirmation 


within 10 working days after the date of the tentative 


nonconfirmation. When final confirmation or nonconfirmation is 


provided, the confirmation system shall provide an appropriate 


code indicating such confirmation or nonconfirmation.


    (d) Design and Operation of System.--The confirmation 


system shall be designed and operated--


            (1) to maximize its reliability and ease of use by 


        persons and other entities making elections under 


        section 402(a) consistent with insulating and 


        protecting the privacy and security of the underlying 


        information;


            (2) to respond to all inquiries made by such 


        persons and entities on whether individuals are 


        authorized to be employed and to register all times 


        when such inquiries are not received;


            (3) with appropriate administrative, technical, and 


        physical safeguards to prevent unauthorized disclosure 


        of personal information; and


            (4) to have reasonable safeguards against the 


        system's resulting in unlawful discriminatory practices 


        based on national origin or citizenship status, 


        including--


                    (A) the selective or unauthorized use of 


                the system to verify eligibility;


                    (B) the use of the system prior to an offer 


                of employment; or


                    (C) the exclusion of certain individuals 


                from consideration for employment as a result 


                of a perceived likelihood that additional 


                verification will be required, beyond what is 


                required for most job applicants.


    (e) Responsibilities of the Commissioner of Social 


Security.--As part of the confirmation system, the Commissioner 


of Social Security, in consultation with the entity responsible 


for administration of the system, shall establish a reliable, 


secure method, which, within the time periods specified under 


subsections (b) and (c), compares the name and social security 


account number provided in an inquiry against such information 


maintained by the Commissioner in order to confirm (or not 


confirm) the validity of the information provided regarding an 


individual whose identity and employment eligibility must be 


confirmed, the correspondence of the name and number, and 


whether the individual has presented a social security account 


number that is not valid for employment. The Commissioner shall 


not disclose or release social security information (other than 


such confirmation or nonconfirmation).


    (f) Responsibilities of the Commissioner of the Immigration 


and Naturalization Service.--As part of the confirmation 


system, the Commissioner of the Immigration and Naturalization 


Service, in consultation with the entity responsible for 


administration of the system, shall establish a reliable, 


secure method, which, within the time periods specified under 


subsections (b) and (c), compares the name and alien 


identification or authorization number described in section 


403(a)(1)(B) which are provided in an inquiry against such 


information maintained by the Commissioner in order to confirm 


(or not confirm) the validity of the information provided, the 


correspondence of the name and number, and whether the alien is 


authorized to be employed in the United States.


    (g) Updating Information.--The Commissioners of Social 


Security and the Immigration and Naturalization Service shall 


update their information in a manner that promotes the maximum 


accuracy and shall provide a process for the prompt correction 


of erroneous information, including instances in which it is 


brought to their attention in the secondary verification 


process described in subsection (c).


    (h) Limitation on Use of the Confirmation System and Any 


Related Systems.--


            (1) In general.--Notwithstanding any other 


        provision of law, nothing in this subtitle shall be 


        construed to permit or allow any department, bureau, or 


        other agency of the United States Government to utilize 


        any information, data base, or other records assembled 


        under this subtitle for any other purpose other than as 


        provided for under a pilot program.


            (2) No national identification card.--Nothing in 


        this subtitle shall be construed to authorize, directly 


        or indirectly, the issuance or use of national 


        identification cards or the establishment of a national 


        identification card.





SEC. 405. REPORTS.





    The Attorney General shall submit to the Committees on the 


Judiciary of the House of Representatives and of the Senate 


reports on the pilot programs within 3 months after the end of 


the third and fourth years in which the programs are in effect. 


Such reports shall--


            (1) assess the degree of fraudulent attesting of 


        United States citizenship,


            (2) include recommendations on whether or not the 


        pilot programs should be continued or modified, and


            (3) assess the benefits of the pilot programs to 


        employers and the degree to which they assist in the 


        enforcement of section 274A.





      Subtitle B--Other Provisions Relating to Employer Sanctions





SEC. 411. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS OF 


                    PAPERWORK REQUIREMENTS.





    (a) In General.--Section 274A(b) (8 U.S.C. 1324a(b)) is 


amended by adding at the end the following new paragraph:


            ``(6) Good faith compliance.--


                    ``(A) In general.--Except as provided in 


                subparagraphs (B) and (C), a person or entity 


                is considered to have complied with a 


                requirement of this subsection notwithstanding 


                a technical or procedural failure to meet such 


                requirement if there was a good faith attempt 


                to comply with the requirement.


                    ``(B) Exception if failure to correct after 


                notice.--Subparagraph (A) shall not apply if--


                            ``(i) the Service (or another 


                        enforcement agency) has explained to 


                        the person or entity the basis for the 


                        failure,


                            ``(ii) the person or entity has 


                        been provided a period of not less than 


                        10 business days (beginning after the 


                        date of the explanation) within which 


                        to correct the failure, and


                            ``(iii) the person or entity has 


                        not corrected the failure voluntarily 


                        within such period.


                    ``(C) Exception for pattern or practice 


                violators.--Subparagraph (A) shall not apply to 


                a person or entity that has or is engaging in a 


                pattern or practice of violations of subsection 


                (a)(1)(A) or (a)(2).''.


    (b) Effective Date.--The amendment made by subsection (a) 


shall apply to failures occurring on or after the date of the 


enactment of this Act.





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


                    PROGRAM.





    (a) Reducing the Number of Documents Accepted for 


Employment Verification.--Section 274A(b)(1) (8 U.S.C. 


1324a(b)(1)) is amended--


            (1) in subparagraph (B)--


                    (A) by striking clauses (ii) through (iv),


                    (B) in clause (v), by striking ``or other 


                alien registration card, if the card'' and 


                inserting ``, alien registration card, or other 


                document designated by the Attorney General, if 


                the document'' and redesignating such clause as 


                clause (ii), and


                    (C) in clause (ii), as so redesignated--


                            (i) in subclause (I), by striking 


                        ``or'' before ``such other personal 


                        identifying information'' and inserting 


                        ``and'',


                            (ii) by striking ``and'' at the end 


                        of subclause (I),


                            (iii) by striking the period at the 


                        end of subclause (II) and inserting ``, 


                        and'', and


                            (iv) by adding at the end the 


                        following new subclause:


                                    ``(III) contains security 


                                features to make it resistant 


                                to tampering, counterfeiting, 


                                and fraudulent use.'';


            (2) in subparagraph (C)--


                    (A) by adding ``or'' at the end of clause 


                (i),


                    (B) by striking clause (ii), and


                    (C) by redesignating clause (iii) as clause 


                (ii); and


            (3) by adding at the end the following new 


        subparagraph:


                    ``(E) Authority to prohibit use of certain 


                documents.--If the Attorney General finds, by 


                regulation, that any document described in 


                subparagraph (B), (C), or (D) as establishing 


                employment authorization or identity does not 


                reliably establish such authorization or 


                identity or is being used fraudulently to an 


                unacceptable degree, the Attorney General may 


                prohibit or place conditions on its use for 


                purposes of this subsection.''.


    (b) Reduction of Paperwork for Certain Employees.--Section 


274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the end the 


following new paragraph:


            ``(6) Treatment of documentation for certain 


        employees.--


                    ``(A) In general.--For purposes of this 


                section, if--


                            ``(i) an individual is a member of 


                        a collective-bargaining unit and is 


                        employed, under a collective bargaining 


                        agreement entered into between one or 


                        more employee organizations and an 


                        association of two or more employers, 


                        by an employer that is a member of such 


                        association, and


                            ``(ii) within the period specified 


                        in subparagraph (B), another employer 


                        that is a member of the association (or 


                        an agent of such association on behalf 


                        of the employer) has complied with the 


                        requirements of subsection (b) with 


                        respect to the employment of the 


                        individual,





                the subsequent employer shall be deemed to have 


                complied with the requirements of subsection 


                (b) with respect to the hiring of the employee 


                and shall not be liable for civil penalties 


                described in subsection (e)(5).


                    ``(B) Period.--The period described in this 


                subparagraph is 3 years, or, if less, the 


                period of time that the individual is 


                authorized to be employed in the United States.


                    ``(C) Liability.--


                            ``(i) In general.--If any employer 


                        that is a member of an association 


                        hires for employment in the United 


                        States an individual and relies upon 


                        the provisions of subparagraph (A) to 


                        comply with the requirements of 


                        subsection (b) and the individual is an 


                        alien not authorized to work in the 


                        United States, then for the purposes of 


                        paragraph (1)(A), subject to clause 


                        (ii), the employer shall be presumed to 


                        have known at the time of hiring or 


                        afterward that the individual was an 


                        alien not authorized to work in the 


                        United States.


                            ``(ii) Rebuttal of presumption.--


                        The presumption established by clause 


                        (i) may be rebutted by the employer 


                        only through the presentation of clear 


                        and convincing evidence that the 


                        employer did not know (and could not 


                        reasonably have known) that the 


                        individual at the time of hiring or 


                        afterward was an alien not authorized 


                        to work in the United States.


                            ``(iii) Exception.--Clause (i) 


                        shall not apply in any prosecution 


                        under subsection (f)(1).''.


    (c) Elimination of Dated Provisions.--Section 274A (8 


U.S.C. 1324a) is amended by striking subsections (i) through 


(n).


    (d) Clarification of Application to Federal Government.--


Section 274A(a) (8 U.S.C. 1324a(a)), as amended by subsection 


(b), is amended by adding at the end the following new 


paragraph:


            ``(7) Application to federal government.--For 


        purposes of this section, the term `entity' includes an 


        entity in any branch of the Federal Government.''.


    (e) Effective Dates.--


            (1) The amendments made by subsection (a) shall 


        apply with respect to hiring (or recruitment or 


        referral) occurring on or after such date (not later 


        than 12 months after the date of the enactment of this 


        Act) as the Attorney General shall designate.


            (2) The amendment made by subsection (b) shall 


        apply to individuals hired on or after 60 days after 


        the date of the enactment of this Act.


            (3) The amendment made by subsection (c) shall take 


        effect on the date of the enactment of this Act.


            (4) The amendment made by subsection (d) applies to 


        hiring occurring before, on, or after the date of the 


        enactment of this Act, but no penalty shall be imposed 


        under subsection (e) or (f) of section 274A of the 


        Immigration and Nationality Act for such hiring 


        occurring before such date.





SEC. 413. REPORT ON ADDITIONAL AUTHORITY OR RESOURCES NEEDED FOR 


                    ENFORCEMENT OF EMPLOYER SANCTIONS PROVISIONS.





    (a) In General.--Not later than 1 year after the date of 


the enactment of this Act, the Attorney General shall submit to 


the Committees on the Judiciary of the House of Representatives 


and of the Senate a report on any additional authority or 


resources needed--


            (1) by the Immigration and Naturalization Service 


        in order to enforce section 274A of the Immigration and 


        Nationality Act, or


            (2) by Federal agencies in order to carry out the 


        Executive Order of February 13, 1996 (entitled 


        ``Economy and Efficiency in Government Procurement 


        Through Compliance with Certain Immigration and 


        Naturalization Act Provisions'') and to expand the 


        restrictions in such order to cover agricultural 


        subsidies, grants, job training programs, and other 


        Federally subsidized assistance programs.


    (b) Reference to Increased Authorization of 


Appropriations.--For provision increasing the authorization of 


appropriations for investigators for violations of sections 274 


and 274A of the Immigration and Nationality Act, see section 


131.





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





    (a) In General.--Subsection (c) of section 290 (8 U.S.C. 


1360) is amended to read as follows:


    ``(c)(1) Not later than 3 months after the end of each 


fiscal year (beginning with fiscal year 1996), the Commissioner 


of Social Security shall report to the Committees on the 


Judiciary of the House of Representatives and the Senate on the 


aggregate quantity of social security account numbers issued to 


aliens not authorized to be employed, with respect to which, in 


such fiscal year, earnings were reported to the Social Security 


Administration.


    ``(2) If earnings are reported on or after January 1, 1997, 


to the Social Security Administration on a social security 


account number issued to an alien not authorized to work in the 


United States, the Commissioner of Social Security shall 


provide the Attorney General with information regarding the 


name and address of the alien, the name and address of the 


person reporting the earnings, and the amount of the earnings. 


The information shall be provided in an electronic form agreed 


upon by the Commissioner and the Attorney General.''.


    (b) Report on Fraudulent Use of Social Security Account 


Numbers.--The Commissioner of Social Security shall transmit to 


the Attorney General, by not later than 1 year after the date 


of the enactment of this Act, a report on the extent to which 


social security account numbers and cards are used by aliens 


for fraudulent purposes.





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





    Section 264 (8 U.S.C. 1304) is amended by adding at the end 


the following new subsection:


    ``(f) Notwithstanding any other provision of law, the 


Attorney General is authorized to require any alien to provide 


the alien's social security account number for purposes of 


inclusion in any record of the alien maintained by the Attorney 


General or the Service.''.





SEC. 416. SUBPOENA AUTHORITY.





    Section 274A(e)(2) (8 U.S.C. 1324a(e)(2)) is amended--


            (1) by striking ``and'' at the end of subparagraph 


        (A);


            (2) by striking the period at the end of 


        subparagraph (B) and inserting ``, and''; and


            (3) by inserting after subparagraph (B) the 


        following:


                    ``(C) immigration officers designated by 


                the Commissioner may compel by subpoena the 


                attendance of witnesses and the production of 


                evidence at any designated place prior to the 


                filing of a complaint in a case under paragraph 


                (2).''.





      Subtitle C--Unfair Immigration-Related Employment Practices





SEC. 421. TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS UNFAIR 


                    IMMIGRATION-RELATED EMPLOYMENT PRACTICES.





    (a) In General.--Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) 


is amended--


            (1) by striking ``For purposes of paragraph (1), 


        a'' and inserting ``A''; and


            (2) by striking ``relating to the hiring of 


        individuals'' and inserting the following: ``if made 


        for the purpose or with the intent of discriminating 


        against an individual in violation of paragraph (1)''.


    (b) Effective Date.--The amendments made by subsection (a) 


shall apply to requests made on or after the date of the 


enactment of this Act.





              TITLE V--RESTRICTIONS ON BENEFITS FOR ALIENS





SEC. 500. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE AND 


                    IMMIGRATION.





    (a) Statements of Congressional Policy.--The Congress makes 


the following statements concerning national policy with 


respect to welfare and immigration:


            (1) Self-sufficiency has been a basic principle of 


        United States immigration law since this country's 


        earliest immigration statutes.


            (2) It continues to be the immigration policy of 


        the United States that--


                    (A) aliens within the nation's borders not 


                depend on public resources to meet their needs, 


                but rather rely on their own capabilities and 


                the resources of their families, their 


                sponsors, and private organizations, and


                    (B) the availability of public benefits not 


                constitute an incentive for immigration to the 


                United States.


            (3) Despite this principle of self-sufficiency, 


        aliens have been applying for and receiving public 


        benefits from Federal, State, and local governments at 


        increasing rates.


            (4) Current eligibility rules for public assistance 


        and unenforceable financial support agreements have 


        proved incapable of assuring that individual aliens do 


        not burden the public benefits system.


            (5) It is a compelling government interest to enact 


        new rules for eligibility and sponsorship agreements in 


        order to assure that aliens are self-reliant in 


        accordance with national immigration policy.


            (6) It is a compelling government interest to 


        remove the incentive for illegal immigration provided 


        by the availability of public benefits.


    (b) Sense of Congress.--


            (1) In general.--With respect to the authority of a 


        State to make determinations concerning the eligibility 


        of aliens for public benefits, it is the sense of the 


        Congress that a court should apply the same standard of 


        review to an applicable State law as that court uses in 


        determining whether an Act of Congress regulating the 


        eligibility of aliens for public benefits meets 


        constitutional scrutiny.


            (2) Strict scrutiny.--In cases where a court holds 


        that a State law determining the eligibility of aliens 


        for public benefits must be the least restrictive means 


        available for achieving a compelling government 


        interest, a State that chooses to follow the Federal 


        classification in determining the eligibility of aliens 


        for public benefits, pursuant to the authorization 


        contained in this title, shall be considered to have 


        chosen the least restrictive means available for 


        achieving the compelling government interest of 


        assuring that aliens are self-reliant in accordance 


        with national immigration policy.





 Subtitle A--Ineligibility of Excludable Deportable, and Nonimmigrant 


               Aliens From Public Assistance and Benefits





SEC. 501. MEANS-TESTED PUBLIC BENEFITS.





    (a) In General.--Except as provided in subsection (b), and 


notwithstanding any other provision of law, an ineligible alien 


(as defined in subsection (d)) shall not be eligible to receive 


any means-tested public benefits (as defined in subsection 


(e)).


    (b) Exceptions.--Subsection (a) shall not apply to any of 


the following benefits:


            (1)(A) Medical assistance under title XIX of the 


        Social Security Act (or any successor program to such 


        title) for care and services that are necessary for the 


        treatment of an emergency medical condition of the 


        alien involved and are not related to an organ 


        transplant procedure.


            (B) For purposes of this paragraph, the term 


        ``emergency medical condition'' means a medical 


        condition (including emergency labor and delivery) 


        manifesting itself by acute symptoms of sufficient 


        severity (including severe pain) such that the absence 


        of immediate medical attention could reasonably be 


        expected to result in--


                    (i) placing the patient's health in serious 


                jeopardy,


                    (ii) serious impairment to bodily 


                functions, or


                    (iii) serious dysfunction of any bodily 


                organ or part.


            (2) Short-term noncash emergency disaster relief.


            (3) Assistance or benefits under any of the 


        following (including any successor program to any of 


        the following as identified by the Attorney General in 


        consultation with other appropriate officials):


                    (A) The National School Lunch Act (42 


                U.S.C. 1751 et seq.).


                    (B) The Child Nutrition Act of 1966 (42 


                U.S.C. 1771 et seq.).


                    (C) Section 4 of the Agriculture and 


                Consumer Protection Act of 1973 (Public Law 93-


                86; 7 U.S.C. 612c note).


                    (D) The Emergency Food Assistance Act of 


                1983 (Public Law 98-8; 7 U.S.C. 612c note).


                    (E) Section 110 of the Hunger Prevention 


                Act of 1988 (Public Law 100-435; 7 U.S.C. 612c 


                note).


                    (F) The food distribution program on Indian 


                reservations established under section 4(b) of 


                Public Law 88-525 (7 U.S.C. 2013(b)).


            (4) Public health assistance for immunizations and, 


        if the Secretary of Health and Human Services 


        determines that it is necessary to prevent the spread 


        of a serious communicable disease, for testing and 


        treatment for any such diseases (which may not include 


        treatment for HIV infection or acquired immune 


        deficiency syndrome).


            (5) Such other in-kind service or noncash 


        assistance (such as soup kitchens, crisis counseling, 


        intervention (including intervention for domestic 


        violence), and short-term shelter) as the Attorney 


        General specifies, in the Attorney General's sole and 


        unreviewable discretion, after consultation with 


        appropriate government agencies, if--


                    (A) such service or assistance is delivered 


                at the community level, including through 


                public or private nonprofit agencies;


                    (B) such service or assistance is necessary 


                for the protection of life, safety, or public 


                health; and


                    (C) such service or assistance or the 


                amount or cost of such service or assistance is 


                not conditioned on the recipient's income or 


                resources.


            (6) Benefits under laws administered by the 


        Secretary of Veterans Affairs and any other benefit 


        available by reason of service in the United States 


        Armed Forces.


    (c) Eligible Alien Defined.--For the purposes of this 


section--


            (1) In general.--The term ``eligible alien'' means 


        an alien--


                    (A) who is an alien lawfully admitted for 


                permanent residence under the Immigration and 


                Nationality Act,


                    (B) who is an alien granted asylum under 


                section 208 of such Act,


                    (C) who is an alien admitted as a refugee 


                under section 207 of such Act,


                    (D) whose deportation has been withheld 


                under section 241(b)(3) of such Act (as amended 


                by section 305(a)(3)), or


                    (E) who is paroled into the United States 


                under section 212(d)(5) of such Act for a 


                period of at least 1 year, but only for the 


                first year of such parole.


            (2) Inclusion of certain battered aliens.--Such 


        term includes--


                    (A) an alien who--


                            (i) has been battered or subjected 


                        to extreme cruelty in the United States 


                        by a spouse or a parent, or by a member 


                        of the spouse or parent's family 


                        residing in the same household as the 


                        alien and the spouse or parent 


                        consented to, or acquiesced in, such 


                        battery or cruelty, but only if (in the 


                        opinion of the Attorney General, which 


                        opinion is not subject to review by any 


                        court) there is a substantial 


                        connection between such battery or 


                        cruelty and the need for the benefits 


                        to be provided; and


                            (ii) has been approved or has a 


                        petition pending which sets forth a 


                        prima facie case for--


                                    (I) status as a spouse or a 


                                child of a United States 


                                citizen pursuant to clause 


                                (ii), (iii), or (iv) of section 


                                204(a)(1)(A) of the Immigration 


                                and Nationality Act,


                                    (II) classification 


                                pursuant to clause (ii) or 


                                (iii) of section 204(a)(1)(B) 


                                of the Act,


                                    (III) suspension of 


                                deportation and adjustment of 


                                status pursuant to section 


                                244(a)(3) of such Act, or


                                    (IV) status as a spouse or 


                                child of a United States 


                                citizen pursuant to clause (i) 


                                of section 204(a)(1)(A) of such 


                                Act, or classification pursuant 


                                to clause (i) of section 


                                204(a)(1)(B) of such Act; or


                    (B) an alien--


                            (i) whose child has been battered 


                        or subjected to extreme cruelty in the 


                        United States by a spouse or a parent 


                        of the alien (without the active 


                        participation of the alien in the 


                        battery or cruelty), or by a member of 


                        the spouse or parent's family residing 


                        in the same household as the alien and 


                        the spouse or parent consented or 


                        acquiesced to such battery or cruelty, 


                        and the alien did not actively 


                        participate in such battery or cruelty, 


                        but only if (in the opinion of the 


                        Attorney General, which opinion is not 


                        subject to review by any court) there 


                        is a substantial connection between 


                        such battery or cruelty and the need 


                        for the benefits to be provided; and


                            (ii) who meets the requirement of 


                        clause (ii) of subparagraph (A).


        Such term shall not apply to an alien during any period 


        in which the individual responsible for such battery or 


        cruelty resides in the same household or family 


        eligibility unit as the individual subjected to such 


        battery or cruelty.


    (d) Ineligible Alien Defined.--For purposes of this 


section, the term ``ineligible alien'' means an individual who 


is not--


            (1) a citizen or national of the United States; or


            (2) an eligible alien.


    (e) Means-Tested Public Benefit.--For purposes of this 


section, the term ``means-tested public benefit'' means any 


public benefit (including cash, medical, housing, food, and 


social services) provided or funded in whole or in part by the 


Federal Government, or by a State or political subdivision of a 


State, in which the eligibility of an individual, household, or 


family eligibility unit for the benefit or the amount of the 


benefit, or both, are determined on the basis of income, 


resources, or financial need of the individual, household, or 


unit.


    (f) Effective Date.--


            (1) In general.--This section shall apply to 


        benefits provided on or after such date as the Attorney 


        General specifies in regulations under paragraph (2). 


        Such date shall be at least 30 days, and not more than 


        60 days, after the date the Attorney General first 


        issues such regulations.


            (2) Regulations.--The Attorney General (in 


        consultation with the heads of other appropriate 


        agencies) shall first issue regulations to carry out 


        this section not later than 180 days after the date of 


        the enactment of this Act. Such regulations shall be 


        effective on an interim basis, pending change after 


        opportunity for public comment.


            (3) Waiver authority.--The Attorney General is 


        authorized to waive any provision of this section in 


        the case of applications pending on the effective date 


        of such provision.





SEC. 502. GRANTS, CONTRACTS, AND LICENSES.





    (a) In General.--Except as provided in subsection (b) and 


notwithstanding any other provision of law, an ineligible alien 


(as defined in section 501(d)) shall not be eligible for any 


grant, contract, loan, professional license, driver's license, 


or commercial license provided or funded by any agency of the 


United States or any State or political subdivision of a State.


    (b) Exceptions.--


            (1) Nonimmigrant alien authorized to work in the 


        United States.--Subsection (a) shall not apply to an 


        alien in lawful nonimmigrant status who is authorized 


        to work in the United States with respect to the 


        following:


                    (A) Any professional or commercial license 


                required to engage in such work.


                    (B) Any contract.


                    (C) A driver's license.


            (2) Nonimmigrant alien.--Subsection (a) shall not 


        apply to an alien in lawful nonimmigrant status with 


        respect to a driver's license.


            (3) Alien outside the united states.--Subsection 


        (a) shall not apply to an alien who is outside of the 


        United States with respect to any contract.


    (c) Effective Date.--


            (1) In general.--This section shall apply to 


        contracts or loan agreements entered into, and 


        professional, commercial, and driver's licenses issued 


        (or renewed), on or after such date as the Attorney 


        General specifies in regulations under paragraph (2). 


        Such date shall be at least 30 days, and not more than 


        60 days, after the date the Attorney General first 


        issues such regulations.


            (2) Regulations.--The Attorney General (in 


        consultation with the heads of other appropriate 


        agencies) shall first issue regulations to carry out 


        this section not later than 180 days after the date of 


        the enactment of this Act. Such regulations shall be 


        effective on an interim basis, pending change after 


        opportunity for public comment.


            (3) Waiver authority.--The Attorney General is 


        authorized to waive any provision of this section in 


        the case of applications pending on the effective date 


        of such provision.





SEC. 503. UNEMPLOYMENT BENEFITS.





    (a) Elimination of Crediting Employment Merely on Basis of 


PRUCOL Status.--Section 3304(a)(14)(A) of the Internal Revenue 


Code of 1986 is amended--


            (1) by striking ``, was lawfully'' and inserting 


        ``or was lawfully'', and


            (2) by striking ``, or was permanently'' and all 


        that follows up to the comma at the end.


    (b) Effective Date.--The amendments made by subsection (a) 


shall apply with respect to certifications of States for 1998 


and subsequent years, or for 1999 and subsequent years in the 


case of States the legislatures of which do not meet in a 


regular session which closes in the calendar year 1997.


    (c) Report.--The Secretary of Labor, in consultation with 


the Attorney General, shall provide for a study of the impact 


of limiting eligibility for unemployment compensation only to 


individuals who are citizens or nationals of the United States 


or eligible aliens (as defined in section 501(c)). Not later 


than 2 years after the date of the enactment of this Act, the 


Secretary shall submit a report on such study to the Committee 


on the Judiciary and the Committee on Labor and Human Resources 


of the Senate and the Committee on the Judiciary and the 


Committee on Economic and Educational Opportunities of the 


House of Representatives.





SEC. 504. SOCIAL SECURITY BENEFITS.





    (a) Ineligibility of Aliens Not Lawfully Present for Social 


Security Benefits.--


            (1) In general.--Section 202 of the Social Security 


        Act (42 U.S.C. 402) is amended by adding at the end the 


        following new subsection:





                   ``Limitation on Payments to Aliens





    ``(y) Notwithstanding any other provision of law, no 


monthly benefit under this title shall be payable to any alien 


in the United States for any month during which such alien is 


not lawfully present in the United States as determined by the 


Attorney General.''.


            (2) Effective date.--The amendment made by 


        paragraph (1) shall apply with respect to benefits for 


        which applications are filed on or after the first day 


        of the first month that begins at least 60 days after 


        the date of the enactment of this Act.


    (b) No Crediting for Unauthorized Employment.--


            (1) In general.--Section 210 of such Act (42 U.S.C. 


        410) is amended by adding at the end the following new 


        subsection:


             ``Demonstration of Required Citizenship Status





    ``(s) For purposes of this title, service performed by an 


individual in the United States shall constitute `employment' 


only if it is demonstrated to the satisfaction of the 


Commissioner of Social Security that such service was performed 


by such individual while such individual was a citizen, a 


national, a permanent resident, or otherwise authorized to be 


employed in the United States in such service.''.


            (2) Effective date.--The amendment made by 


        paragraph (1) shall apply with respect to services 


        performed after December 31, 1996.


    (c) Trade or Business.--


            (1) In general.--Section 211 of such Act (42 U.S.C. 


        411) is amended by adding at the end the following new 


        subsection:





             ``Demonstration of Required Citizenship Status





    ``(j) For purposes of this title, a trade or business (as 


defined in subsection (c)) carried on in the United States by 


any individual shall constitute a `trade or business' only if 


it is demonstrated to the satisfaction of the Commissioner of 


Social Security that such trade or business (as so defined) was 


carried on by such individual while such individual was a 


citizen, a national, a permanent resident, or otherwise 


lawfully present in the United States carrying on such trade or 


business.''.


            (2) Effective date.--The amendment made by 


        paragraph (1) shall apply with respect to any trade or 


        business carried on after December 31, 1996.


    (d) Construction.--Nothing in the amendments made by this 


section shall be construed to affect the application of chapter 


2 or chapter 21 of the Internal Revenue Code of 1986.





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





    (a) Revision of SAVE Program.--


            (1) In general.--Paragraph (2) of section 1137(d) 


        of the Social Security Act (42 U.S.C. 1320b-7(d)) is 


        amended to read as follows:


            ``(2) There must be presented the item (or items) 


        described in one of the following subparagraphs for 


        that individual:


                    ``(A) A United States passport (either 


                current or expired if issued both within the 


                previous 12 years and after the individual 


                attained 18 years of age).


                    ``(B) A resident alien card or an alien 


                registration card, if the card (i) contains a 


                photograph of the individual and (ii) contains 


                security features to make it resistant to 


                tampering, counterfeiting, and fraudulent use.


                    ``(C) A driver's license or similar 


                document issued for the purpose of 


                identification by a State, if it contains a 


                photograph of the individual.


                    ``(D) If the individual attests to being a 


                citizen or national of the United States and 


                that the individual does not have other 


                documentation under this paragraph (under 


                penalty of perjury), such other documents or 


                evidence that identify the individual as the 


                Attorney General may designate as constituting 


                reasonable evidence indicating United States 


                citizenship or nationality.''.


            (2) Temporary eligibility for benefits.--Section 


        1137(d) of such Act is further amended by adding after 


        paragraph (5) the following new paragraph (6):


            ``(6) If at the time of application for benefits, 


        the documentation under paragraph (2) is not presented 


        or verified, such benefits may be provided to the 


        applicant for not more than 2 months, if--


                    ``(A) the applicant provides a written 


                attestation (under penalty of perjury) that the 


                applicant is a citizen or national of the 


                United States, or


                    ``(B) the applicant provides documentation 


                certified by the Department of State or the 


                Department of Justice, which the Attorney 


                General determines constitutes reasonable 


                evidence indicating satisfactory immigration 


                status.''.


            (3) Conforming amendments.--Section 1137(d) of such 


        Act is further amended in paragraph (3), by striking 


        ``(2)(A) is presented'' and inserting ``(2)(B) is 


        presented and contains the individual's alien admission 


        number or alien file number (or numbers if the 


        individual has more than one number)''.


    (b) SSI.--Section 1631(e) of such Act (42 U.S.C. 


1383(e)(7)) is amended by adding at the end the following new 


paragraph:


    ``(8) The Commissioner of Social Security shall provide for 


the application under this title of rules similar to the 


requirements of section 1137(d), insofar as they apply to the 


verification of immigration or citizenship status for 


eligibility for supplemental security income benefits under 


this title.''.


    (c) Effective Date.--


            (1) In general.--This section shall apply to 


        application for benefits filed on or after such date as 


        the Attorney General specifies in regulations under 


        paragraph (2). Such date shall be at least 60 days, and 


        not more than 90 days, after the date the Attorney 


        General first issues such regulations.


            (2) Regulations.--The Attorney General (in 


        consultation with the heads of other appropriate 


        agencies) shall first issue regulations to carry out 


        this section (and the amendments made by this section) 


        not later than 180 days after the date of the enactment 


        of this Act. Such regulations shall be effective on an 


        interim basis, pending change after opportunity for 


        public comment.





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


                    STATE PROGRAMS.





    (a) In General.--In carrying out this title (and the 


amendments made by this title), subject to section 510, a State 


or political subdivision is authorized to require an applicant 


for benefits under a program of a State or political 


subdivision to provide proof of eligibility consistent with the 


provisions of this title.


    (b) Effective Date.--This section shall take effect on the 


date of the enactment of this Act.





SEC. 507. LIMITATION ON ELIGIBILITY FOR PREFERENTIAL TREATMENT OF 


                    ALIENS NOT LAWFULLY PRESENT ON BASIS OF RESIDENCE 


                    FOR HIGHER EDUCATION BENEFITS.





    (a) In General.--Notwithstanding any other provision of 


law, an alien who is not lawfully present in the United States 


shall not be eligible on the basis of residence within a State 


(or a political subdivision) for any postsecondary education 


benefit unless a citizen or national of the United States is 


eligible for such a benefit (in no less an amount, duration, 


and scope) without regard to whether the citizen or national is 


such a resident.


    (b) Effective Date.--This section shall apply to benefits 


provided on or after July 1, 1998.





SEC. 508. VERIFICATION OF STUDENT ELIGIBILITY FOR POSTSECONDARY
FEDERAL 


                    STUDENT FINANCIAL ASSISTANCE.





    (a) In General.--No student shall be eligible for 


postsecondary Federal student financial assistance unless--


            (1) the student has certified that the student is a 


        citizen or national of the United States or an alien 


        lawfully admitted for permanent residence, and


            (2) the Secretary of Education has verified such 


        certification.


    (b) Report Requirement.--


            (1) In general.--Not later than one year after the 


        date of the enactment of this Act, the Secretary of 


        Education and the Commissioner of Social Security shall 


        jointly submit to the appropriate committees of the 


        Congress a report on the computer matching program of 


        the Department of Education under section 484(p) of the 


        Higher Education Act of 1965.


            (2) Report elements.--The report under paragraph 


        (1) shall include the following:


                    (A) An assessment by the Secretary and the 


                Commissioner of the effectiveness of the 


                computer matching program, and a justification 


                for such assessment.


                    (B) The ratio of successful matches under 


                the program to inaccurate matches.


                    (C) Such other information as the Secretary 


                and the Commissioner jointly consider 


                appropriate.


            (3) Appropriate committees of the Congress.--For 


        purposes of this subsection the term ``appropriate 


        committees of the Congress'' means the Committee on 


        Economic and Educational Opportunities and the 


        Committee on the Judiciary of the House of 


        Representatives and the Committee on Labor and Human 


        Resources and the Committee on the Judiciary of the 


        Senate.


    (c) Effective Date.--This section shall take effect on the 


date of the enactment of this Act.





SEC. 509. VERIFICATION OF IMMIGRATION STATUS FOR PURPOSES OF SOCIAL 


                    SECURITY AND HIGHER EDUCATIONAL ASSISTANCE.





    (a) Social Security Act State Income and Eligibility 


Verification Systems.--Section 1137(d)(4)(B)(i)) of the Social 


Security Act (42 U.S.C. 1320b-7(d)(4)(B)(i)) is amended to read 


as follows:


                            ``(i) the State shall transmit to 


                        the Immigration and Naturalization 


                        Service either photostatic or other 


                        similar copies of such documents, or 


                        information from such documents, as 


                        specified by the Immigration and 


                        Naturalization Service, for official 


                        verification,''.


    (b) Eligibility for Assistance Under Higher Education Act 


of 1965.--Section 484(g)(4)(B)(i) of the Higher Education Act 


of 1965 (20 U.S.C. 1091(g)(4)(B)(i)) is amended to read as 


follows:


                            ``(i) the institution shall 


                        transmit to the Immigration and 


                        Naturalization Service either 


                        photostatic or other similar copies of 


                        such documents, or information from 


                        such documents, as specified by the 


                        Immigration and Naturalization Service, 


                        for official verification,''.





SEC. 510. NO VERIFICATION REQUIREMENT FOR NONPROFIT CHARITABLE 
ORGANIZATIONS.





    (a) In General.--Subject to subsection (b), and 


notwithstanding any other provision of this title, a nonprofit 


charitable organization, in providing any means-tested public 


benefit (as defined in section 501(e), but not including any 


hospital benefit, as defined by the Attorney General in 


consultation with Secretary of Health and Human Services) is 


not required to determine, verify, or otherwise require proof 


of eligibility of any applicant for such benefits.


    (b) Requirement of State or Federal Determination of 


Eligibility.--


            (1) In General.--Except as provided in paragraph 


        (3), in order for a nonprofit charitable organization 


        to provide to an applicant any means-tested public 


        benefit, the organization shall obtain the following:


                    (A) In the case of a citizen or national of 


                the United States, a written attestation (under 


                penalty of perjury) that the applicant is a 


                citizen or national of the United States.


                    (B) In the case of an alien and subject to 


                paragraph (2), written verification, from an 


                appropriate State or Federal agency, of the 


                applicant's eligibility for assistance or 


                benefits and the amount of assistance or 


                benefits for which the applicant is eligible.


            (2) No notification within 10 days.--If the 


        organization is not notified within 10 business days 


        after a request of an appropriate State or Federal 


        agency for verification under paragraph (1)(B), the 


        requirement under paragraph (1) shall not apply to any 


        means-tested public benefit provided to such applicant 


        by the organization until 30 calendar days after such 


        notification is received.


            (3) Limitations.--


                    (A) Private funds.--The requirement under 


                paragraph (1) shall not apply to assistance or 


                benefits provided through private funds.


                    (B) Section 501 excepted benefits.--The 


                requirement under paragraph (1) shall not apply 


                to assistance or benefits described in section 


                501(b) which are not subject to the limitations 


                of section 501(a).


            (4) Administration.--


                    (A) In general.--The Attorney General shall 


                through regulation provide for an appropriate 


                procedure for the verification required under 


                paragraph (1)(B).


                    (B) Time period for response.--The 


                appropriate State or Federal agencies shall 


                provide for a response to a request for 


                verification under paragraph (1)(B) of an 


                applicant's eligibility under section 501(a) of 


                this title and the amount of eligibility under 


                section 552 (or comparable provisions of State 


                law as authorized under section 553 or 554) not 


                later than 10 business days after the date the 


                request is made.


                    (C) Recordkeeping.--If the Attorney General 


                determines that recordkeeping is required for 


                the purposes of this section, the Attorney 


                General may require that such a record be 


                maintained for not more than 90 days.





SEC. 511. GAO STUDY OF PROVISION OF MEANS-TESTED PUBLIC BENEFITS TO 


                    INELIGIBLE ALIENS ON BEHALF OF ELIGIBLE 


                    INDIVIDUALS.





    (a) In General.--Not later than 180 days after the date of 


the enactment of this Act, the Comptroller General shall submit 


to the Committees on the Judiciary of the House of 


Representatives and of the Senate and to the Inspector General 


of the Department of Justice a report on the extent to which 


means-tested public benefits are being paid or provided to 


ineligible aliens in order to provide such benefits to 


individuals who are United States citizens or eligible aliens. 


Such report shall address the locations in which such benefits 


are provided and the incidence of fraud or misrepresentation in 


connection with the provision of such benefits.


    (b) Definitions.--The terms ``eligible alien'', 


``ineligible alien'', and ``means-tested public benefits'' have 


the meanings given such terms in section 501.





Subtitle B--Expansion of Disqualification From Immigration Benefits on 


                       the Basis of Public Charge





SEC. 531. GROUND FOR EXCLUSION.





    (a) In General.--Paragraph (4) of section 212(a) (8 U.S.C. 


1182(a)) is amended to read as follows:


            ``(4) Public charge.--


                    ``(A) In general.--Any alien who, in the 


                opinion of the consular officer at the time of 


                application for a visa, or in the opinion of 


                the Attorney General at the time of application 


                for admission or adjustment of status, is 


                likely at any time to become a public charge is 


                excludable.


                    ``(B) Factors to be taken into account.--


                (i) In determining whether an alien is 


                excludable under this paragraph, the consular 


                officer or the Attorney General shall at a 


                minimum consider the alien's--


                            ``(I) age;


                            ``(II) health;


                            ``(III) family status;


                            ``(IV) assets, resources, and 


                        financial status; and


                            ``(V) education and skills.


                    ``(ii) In addition to the factors under 


                clause (i), the consular officer or the 


                Attorney General may also consider any 


                affidavit of support under section 213A for 


                purposes of exclusion under this paragraph.


                    ``(C) Family-sponsored immigrants.--Any 


                alien who seeks admission or adjustment of 


                status under a visa number issued under section 


                201(b)(2) or 203(a) is excludable under this 


                paragraph unless--


                            ``(i) the alien has obtained--


                                    ``(I) status as a spouse or 


                                a child of a United States 


                                citizen pursuant to clause 


                                (ii), (iii), or (iv) of section 


                                204(a)(1)(A), or


                                    ``(II) classification 


                                pursuant to clause (ii) or 


                                (iii) of section 204(a)(1)(B); 


                                or


                            ``(ii) the person petitioning for 


                        the alien's admission (including any 


                        additional sponsor required under 


                        section 213A(g)) has executed an 


                        affidavit of support described in 


                        section 213A with respect to such 


                        alien.


                    ``(D) Certain employment-based 


                immigrants.--Any alien who seeks admission or 


                adjustment of status under a visa number issued 


                under section 203(b) by virtue of a 


                classification petition filed by a relative of 


                the alien (or by an entity in which such 


                relative has a significant ownership interest) 


                is excludable under this paragraph unless such 


                relative has executed an affidavit of support 


                described in section 213A with respect to such 


                alien.''.


    (b) Effective Date.--The amendment made by subsection (a) 


shall apply to applications submitted on or after such date, 


not earlier than 30 days and not later than 60 days after the 


date the Attorney General promulgates under section 551(e) a 


standard form for an affidavit of support, as the Attorney 


General shall specify, but subparagraphs (C) and (D) of section 


212(a)(4) of the Immigration and Nationality Act, as so 


amended, shall not apply to applications with respect to which 


an official interview with an immigration officer was conducted 


before such effective date.





SEC. 532. GROUND FOR DEPORTATION.





    (a) Immigrants.--Section 241(a)(5) (8 U.S.C. 1251(a)(5)) is 


amended to read as follows:


            ``(5) Public charge.--


                    ``(A) In general.--


                            ``(i) Except as provided in 


                        subparagraph (B), an immigrant who 


                        during the public charge period becomes 


                        a public charge, regardless of when the 


                        cause for becoming a public charge 


                        arises, is deportable.


                            ``(ii) The immigrant shall be 


                        subject to deportation under this 


                        paragraph only if the deportation 


                        proceeding is initiated not later than 


                        the end of the 7-year period beginning 


                        on the last date the immigrant receives 


                        a benefit described in subparagraph (D) 


                        during the public charge period.


                    ``(B) Exceptions.--Subparagraph (A) shall 


                not apply--


                            ``(i) to an alien granted asylum 


                        under section 208;


                            ``(ii) to an alien admitted as a 


                        refugee under section 207; or


                            ``(iii) if the cause of the alien's 


                        becoming a public charge--


                                    ``(I) arose after entry in 


                                the case of an alien who 


                                entered as an immigrant or 


                                after adjustment to lawful 


                                permanent resident status in 


                                the case of an alien who 


                                entered as a nonimmigrant, and


                                    ``(II) was a physical 


                                illness or physical injury so 


                                serious the alien could not 


                                work at any job, or was a 


                                mental disability that required 


                                continuous 


                                institutionalization.


                    ``(C) Definitions.--


                            ``(i) Public charge period.--For 


                        purposes of subparagraph (A), the term 


                        `public charge period' means the period 


                        ending 7 years after the date on which 


                        the alien attains the status of an 


                        alien lawfully admitted for permanent 


                        residence (or attains such status on a 


                        conditional basis).


                            ``(ii) Public charge.--For purposes 


                        of subparagraph (A), the term `public 


                        charge' includes any alien who receives 


                        benefits described in subparagraph (D) 


                        for an aggregate period of at least 12 


                        months or 36 months in the case of an 


                        alien described in subparagraph (E).


                    ``(D) Benefits described.--


                            ``(i) In general.--Subject to 


                        clause (ii), the benefits described in 


                        this subparagraph are means-tested 


                        public benefits defined under section 


                        213A(e)(1).


                            ``(ii) Exceptions.--Benefits 


                        described in this subparagraph shall 


                        not include the following:


                                    ``(I) Any benefits to which 


                                the exceptions described in 


                                section 213A(e)(2) apply.


                                    ``(II) Emergency medical 


                                assistance (as defined in 


                                subparagraph (F)).


                                    ``(III) Payments for foster 


                                care and adoption assistance 


                                under parts B and E of title IV 


                                of the Social Security Act made 


                                on the child's behalf under 


                                such part.


                                    ``(IV) Benefits under laws 


                                administered by the Secretary 


                                of Veterans Affairs and any 


                                other benefit available by 


                                reason of service in the United 


                                States Armed Forces.


                                    ``(V) Benefits under the 


                                Head Start Act.


                                    ``(VI) Benefits under the 


                                Job Training Partnership Act.


                                    ``(VII) Benefits under any 


                                English as a second language 


                                program.


                            ``(iii) Successor programs.--


                        Benefits described in this subparagraph 


                        shall include any benefits provided 


                        under any successor program as 


                        identified by the Attorney General in 


                        consultation with other appropriate 


                        officials.


                    ``(E) Special rule for battered spouse and 


                child.--Subject to the second sentence of this 


                subparagraph, an alien is described under this 


                subparagraph if the alien demonstrates that--


                            ``(i)(I) the alien has been 


                        battered or subjected to extreme 


                        cruelty in the United States by a 


                        spouse or a parent, or by a member of 


                        the spouse or parent's family residing 


                        in the same household as the alien and 


                        the spouse or parent consented or 


                        acquiesced to such battery or cruelty, 


                        or (II) the alien's child has been 


                        battered or subjected to extreme 


                        cruelty in the United States by a 


                        spouse or parent of the alien (without 


                        the active participation of the alien 


                        in the battery or cruelty), or by a 


                        member of the spouse or parent's family 


                        residing in the same household as the 


                        alien when the spouse or parent 


                        consented or acquiesced to and the 


                        alien did not actively participate in 


                        such battery or cruelty;


                            ``(ii) the need for benefits 


                        described in subparagraph (D) beyond an 


                        aggregate period of 12 months has a 


                        substantial connection to the battery 


                        or cruelty described in clause (i); and


                            ``(iii) any battery or cruelty 


                        under clause (i) has been recognized in 


                        an order of a judge or an 


                        administrative law judge or a prior 


                        determination of the Service.





        An alien shall not be considered to be described under 


        this subparagraph during any period in which the 


        individual responsible for such battery or cruelty 


        resides in the same household or family eligibility 


        unit as the individual subjected to such battery or 


        cruelty.


                    ``(F) Emergency medical assistance.--


                            ``(i) In general.--For purposes of 


                        subparagraph (C)(ii)(II), the term 


                        `emergency medical assistance' means 


                        medical assistance under title XIX of 


                        the Social Security Act (or any 


                        successor program to such title) for 


                        care and services that are necessary 


                        for the treatment of an emergency 


                        medical condition of the alien involved 


                        and are not related to an organ 


                        transplant procedure.


                    ``(ii) Emergency medical condition 


                defined.--For purposes of this subparagraph, 


                the term `emergency medical condition' means a 


                medical condition (including emergency labor 


                and delivery) manifesting itself by acute 


                symptoms of sufficient severity (including 


                severe pain) such that the absence of immediate 


                medical attention could reasonably be expected 


                to result in--


                            ``(I) placing the patient's health 


                        in serious jeopardy,


                            ``(II) serious impairment to bodily 


                        functions, or


                            ``(III) serious dysfunction of any 


                        bodily organ or part.''.


    (b) Exclusion and Deportation of Nonimmigrants Committing 


Fraud or Misrepresentation in Obtaining Benefits.--


            (1) Exclusion.--Section 212(a)(6)(C) (8 U.S.C. 


        1182(a)(6)(C)), as amended by section 344(a), is 


        amended--


                    (A) by redesignating clause (iii) as clause 


                (iv), and


                    (B) by inserting after clause (ii) the 


                following clause (iii):


                            ``(iii) Nonimmigrant public benefit 


                        recipients.--Any alien who was admitted 


                        as a nonimmigrant and who has obtained 


                        benefits for which the alien was 


                        ineligible, through fraud or 


                        misrepresentation, under Federal law is 


                        excludable for a period of 5 years from 


                        the date of the alien's departure from 


                        the United States.''.


            (2) Deportation.--Section 241(a)(1)(C) (8 U.S.C. 


        1251(a)(1)(C)) is amended by adding after clause (ii) 


        the following:


                            ``(iii) Nonimmigrant public benefit 


                        recipients.--Any alien who was admitted 


                        as a nonimmigrant and who has obtained 


                        through fraud or misrepresentation 


                        benefits for which the alien was 


                        ineligible under Federal law is 


                        deportable.''.


    (c) Ineligibility to Naturalization for Aliens Deportable 


As Public Charge.--


            (1) In general.--Chapter 2 of title III of the Act 


        is amended by inserting after section 315 the following 


        new section:``








ineligibility to naturalization for persons deportable as public charge








    ``Sec. 315A. (a) A person shall not be naturalized if the 


person is deportable as a public charge under section 


241(a)(5).


    ``(b) An applicant for naturalization shall provide a 


written attestation, under penalty of perjury, as part of the 


application for naturalization that the applicant is not 


deportable as a public charge under section 241(a)(5) to the 


best of the applicant's knowledge.


    ``(c) The Attorney General shall make a determination that 


each applicant for naturalization is not deportable as a public 


charge under section 241(a)(5).''.


            (2) Clerical amendment.--The table of contents is 


        amended by inserting after the item relating to section 


        315 the following:





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


          public charge''.





    (d) Effective Dates.--


            (1) Subsection (a).--


                    (A) In general.--Except as provided in this 


                paragraph, the amendment made by subsection (a) 


                shall apply only to aliens who obtain the 


                status of an alien lawfully admitted for 


                permanent residence more than 30 days after the 


                date of the enactment of this Act.


                    (B) Application to current aliens.--Such 


                amendments shall apply also to aliens who 


                obtained the status of an alien lawfully 


                admitted for permanent residence less than 30 


                days after the date of the enactment of this 


                Act, but only with respect to benefits received 


                after the 1-year period beginning on the date 


                of enactment and benefits received before such 


                period shall not be taken into account.


            (2) Subsection (b).--The amendments made by 


        subsection (b) shall take effect on the date of the 


        enactment of this Act and shall apply to fraud or 


        misrepresentation committed before, on, or after such 


        date.


            (3) Subsection (c).--The amendments made by 


        subsection (c) shall take effect on the date of the 


        enactment of this Act and shall apply to applications 


        submitted on or after 30 days after the date of the 


        enactment of this Act.





      Subtitle C--Affidavits of Support and Attribution of Income





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





    (a) In General.--Title II is amended by inserting after 


section 213 the following new section:








           ``requirements for sponsor's affidavit of support





    ``Sec. 213A. (a) Enforceability.--


            ``(1) Terms of affidavit.--No affidavit of support 


        may be accepted by the Attorney General or by any 


        consular officer to establish that an alien is not 


        excludable as a public charge under section 212(a)(4) 


        unless such affidavit is executed by a sponsor of the 


        alien as a contract--


                    ``(A) in which the sponsor agrees to 


                provide support to maintain the sponsored alien 


                at an annual income that is not less than the 


                appropriate percentage (applicable to the 


                sponsor under subsection (g)) of the Federal 


                poverty line during the period in which the 


                affidavit is enforceable;


                    ``(B) that is legally enforceable against 


                the sponsor by the sponsored alien, the Federal 


                Government, any State (or any political 


                subdivision of such State), or by any other 


                entity that provides any means-tested public 


                benefit (as defined in subsection (e)), 


                consistent with the provisions of this section; 


                and


                    ``(C) in which the sponsor agrees to submit 


                to the jurisdiction of any Federal or State 


                court for the purpose of actions brought under 


                subsection (b)(2).


            ``(2) Period of enforceability.--An affidavit of 


        support shall be enforceable with respect to benefits 


        provided for an alien before the date the alien is 


        naturalized as a citizen of the United States, or, if 


        earlier, the termination date provided under paragraph 


        (3).


            ``(3) Termination of period of enforceability upon 


        completion of required period of employment, etc.--


                    ``(A) In general.--An affidavit of support 


                is not enforceable on or after the first day of 


                a year if it is demonstrated to the 


                satisfaction of the Attorney General that the 


                sponsored alien may be credited with an 


                aggregate of 40 qualifying quarters under this 


                paragraph for previous years.


                    ``(B) Qualifying quarter defined.--For 


                purposes this paragraph, the term `qualifying 


                quarter' means a qualifying quarter of coverage 


                under title II of the Social Security Act in 


                which the sponsored alien--


                            ``(i) has earned at least the 


                        minimum necessary for the period to 


                        count as one of the 40 quarters 


                        required to qualify for social security 


                        retirement benefits; and


                            ``(ii) has not received any means-


                        tested public benefit.


                    ``(C) Crediting for dependents and 


                spouses.--For purposes of this paragraph, in 


                determining the number of qualifying quarters 


                for which a sponsored alien has worked for 


                purposes of subparagraph (A), a sponsored alien 


                not meeting the requirement of subparagraph 


                (B)(i) for any quarter shall be treated as 


                meeting such requirements if--


                            ``(i) their spouse met such 


                        requirement for such quarter and they 


                        filed a joint income tax return 


                        covering such quarter; or


                            ``(ii) the individual who claimed 


                        such sponsored alien as a dependent on 


                        an income tax return covering such 


                        quarter met such requirement for such 


                        quarter.


                    ``(D) Provision of information to save 


                system.--The Attorney General shall ensure that 


                appropriate information regarding the 


                application of this paragraph is provided to 


                the system for alien verification of 


                eligibility (SAVE) described in section 


                1137(d)(3) of the Social Security Act (42 


                U.S.C. 1320b-7(d)(3)).


    ``(b) Reimbursement of Government Expenses.--


            ``(1) Request for reimbursement.--


                    ``(A) Requirement.--Upon notification that 


                a sponsored alien has received any means-tested 


                public benefit, the appropriate nongovernmental 


                entity which provided such benefit or the 


                appropriate entity of the Federal Government, a 


                State, or any political subdivision of a State 


                shall request reimbursement by the sponsor in 


                an amount which is equal to the unreimbursed 


                costs of such benefit.


                    ``(B) Regulations.--The Attorney General, 


                in consultation with the heads of other 


                appropriate Federal agencies, shall prescribe 


                such regulations as may be necessary to carry 


                out subparagraph (A).


            ``(2) Actions to compel reimbursement.--


                    ``(A) In case of nonresponse.--If within 45 


                days after a request for reimbursement under 


                paragraph (1)(A), the appropriate entity has 


                not received a response from the sponsor 


                indicating a willingness to commence payment an 


                action may be brought against the sponsor 


                pursuant to the affidavit of support.


                    ``(B) In case of failure to pay.--If the 


                sponsor fails to abide by the repayment terms 


                established by the appropriate entity, the 


                entity may bring an action against the sponsor 


                pursuant to the affidavit of support.


                    ``(C) Limitation on actions.--No cause of 


                action may be brought under this paragraph 


                later than 10 years after the date on which the 


                sponsored alien last received any means-tested 


                public benefit to which the affidavit of 


                support applies.


            ``(3) Use of collection agencies.--If the 


        appropriate entity under paragraph (1)(A) requests 


        reimbursement from the sponsor or brings an action 


        against the sponsor pursuant to the affidavit of 


        support, the appropriate entity may appoint or hire an 


        individual or other person to act on behalf of such 


        entity acting under the authority of law for purposes 


        of collecting any amounts owed.


    ``(c) Remedies.--Remedies available to enforce an affidavit 


of support under this section include any or all of the 


remedies described in section 3201, 3203, 3204, or 3205 of 


title 28, United States Code, as well as an order for specific 


performance and payment of legal fees and other costs of 


collection, and include corresponding remedies available under 


State law. A Federal agency may seek to collect amounts owed 


under this section in accordance with the provisions of 


subchapter II of chapter 37 of title 31, United States Code.


    ``(d) Notification of Change of Address.--


            ``(1) General requirement.--The sponsor shall 


        notify the Attorney General and the State in which the 


        sponsored alien is currently a resident within 30 days 


        of any change of address of the sponsor during the 


        period in which an affidavit of support is enforceable.


            ``(2) Penalty.--Any person subject to the 


        requirement of paragraph (1) who fails to satisfy such 


        requirement shall, after notice and opportunity to be 


        heard, be subject to a civil penalty of--


                    ``(A) not less than $250 or more than 


                $2,000, or


                    ``(B) if such failure occurs with knowledge 


                that the sponsored alien has received any 


                benefit described in section 241(a)(5)(D) not 


                less than $2,000 or more than $5,000.


        The Attorney General shall enforce this paragraph under 


        appropriate regulations.


    ``(e) Means-Tested Public Benefit.--


            ``(1) In general.--Subject to paragraph (2), the 


        term `means-tested public benefit' means any public 


        benefit (including cash, medical, housing, food, and 


        social services) provided or funded in whole or in part 


        by the Federal Government, or of a State or political 


        subdivision of a State, in which the eligibility of an 


        individual, household, or family eligibility unit for 


        such benefit or the amount of such benefit, or both are 


        determined on the basis of income, resources, or 


        financial need of the individual, household, or unit.


            ``(2) Exceptions.--Such term does not include the 


        following benefits:


                    ``(A) Short-term noncash emergency disaster 


                relief.


                    ``(B) Assistance or benefits under--


                            ``(i) the National School Lunch Act 


                        (42 U.S.C. 1751 et seq.);


                            ``(ii) the Child Nutrition Act of 


                        1966 (42 U.S.C. 1771 et seq.);


                            ``(iii) section 4 of the 


                        Agriculture and Consumer Protection Act 


                        of 1973 (Public Law 93-86; 7 U.S.C. 


                        612c note);


                            ``(iv) the Emergency Food 


                        Assistance Act of 1983 (Public Law 98-


                        8; 7 U.S.C. 612c note);


                            ``(v) section 110 of the Hunger 


                        Prevention Act of 1988 (Public Law 100-


                        435; 7 U.S.C. 612c note); and


                            ``(vi) the food distribution 


                        program on Indian reservations 


                        established under section 4(b) of 


                        Public Law 88-525 (7 U.S.C. 2013(b)).


                    ``(C) Public health assistance for 


                immunizations and, if the Secretary of Health 


                and Human Services determines that it is 


                necessary to prevent the spread of a serious 


                communicable disease, for testing and treatment 


                for such disease (which may not include 


                treatment for HIV infection or acquired immune 


                deficiency syndrome).


                    ``(D) Benefits under programs of student 


                assistance under titles IV, V, IX, and X of the 


                Higher Education Act of 1965 and titles III, 


                VII, and VIII of the Public Health Service Act.


                    ``(E) Benefits under any means-tested 


                programs under the Elementary and Secondary 


                Education Act of 1965.


                    ``(F) Such other in-kind service or noncash 


                assistance (such as soup kitchens, crisis 


                counseling, intervention (including 


                intervention for domestic violence) and short-


                term, shelter) as the Attorney General 


                specifies, in the Attorney General's sole and 


                unreviewable discretion, after consultation 


                with the heads of appropriate Federal agencies, 


                if--


                            ``(i) such service or assistance is 


                        delivered at the community level, 


                        including through public or private 


                        nonprofit agencies;


                            ``(ii) such service or assistance 


                        is necessary for the protection of 


                        life, safety, or public health; and


                            ``(iii) such service or assistance 


                        or the amount or cost of such service 


                        or assistance is not conditioned on the 


                        recipient's income or resources.


    ``(f) Jurisdiction.--An action to enforce an affidavit of 


support executed under subsection (a) may be brought against 


the sponsor in any appropriate court--


            ``(1) by a sponsored alien, with respect to 


        financial support; or


            ``(2) by the appropriate entity of the Federal 


        Government, a State or any political subdivision of a 


        State, or by any other nongovernmental entity under 


        subsection (b)(2), with respect to reimbursement.


    ``(g) Sponsor Defined.--


            ``(1) In general.--For purposes of this section the 


        term `sponsor' in relation to a sponsored alien means 


        an individual who executes an affidavit of support with 


        respect to the sponsored alien and who--


                    ``(A) is a citizen or national of the 


                United States or an alien who is lawfully 


                admitted to the United States for permanent 


                residence;


                    ``(B) is at least 18 years of age;


                    ``(C) is domiciled in any of the several 


                States of the United States, the District of 


                Columbia, or any territory or possession of the 


                United States;


                    ``(D) is petitioning for the admission of 


                the alien under section 204; and


                    ``(E) demonstrates (as provided in 


                paragraph (6)) the means to maintain an annual 


                income equal to at least 200 percent of the 


                Federal poverty line (or in the case of an 


                affidavit for a spouse or minor child of the 


                petitioner 140 percent of the Federal poverty 


                line).


            ``(2) Income requirement case.--Such term also 


        includes an individual who does not meet the 


        requirement of paragraph (1)(E) but demonstrates (as 


        provided in paragraph (6)) the means to maintain an 


        annual income equal to at least 125 percent of the 


        Federal poverty line and accepts joint and several 


        liability together with an individual under paragraph 


        (5).


            ``(3) Active duty armed services case.--Such term 


        also includes an individual who does not meet the 


        requirement of paragraph (1)(E) but is on active duty 


        (other than active duty for training) in the Armed 


        Forces of the United States, is petitioning for the 


        admission of the alien under section 204 as the spouse 


        or child of the individual, and demonstrates (as 


        provided in paragraph (6)) the means to maintain an 


        annual income equal to at least 100 percent of the 


        Federal poverty line.


            ``(4) Certain employment-based immigrants case.--


        Such term also includes an individual--


                    ``(A) who does not meet the requirement of 


                paragraph (1)(D), but is the relative of the 


                sponsored alien who filed a classification 


                petition for the sponsored alien as an 


                employment-based immigrant under section 203(b) 


                or who has a significant ownership interest in 


                the entity that filed such a petition; and


                    ``(B)(i) who demonstrates (as provided 


                under paragraph (6)) the means to maintain an 


                annual income equal to at least 200 percent of 


                the Federal poverty line (or in the case of an 


                affidavit for a spouse or minor child of the 


                petitioner 140 percent of the Federal poverty 


                line), or


                    ``(ii) does not meet the requirement of 


                paragraph (1)(E) but demonstrates (as provided 


                in paragraph (6)) the means to maintain an 


                annual income equal to at least 125 percent of 


                the Federal poverty line and accepts joint and 


                several liability together with an individual 


                under paragraph (5).


            ``(5) Non-petitioning case.--Such term also 


        includes an individual who does not meet the 


        requirement of paragraph (1)(D) but who accepts joint 


        and several liability with a petitioning sponsor under 


        paragraph (2) or relative of an employment-based 


        immigrant under paragraph (4) and who demonstrates (as 


        provided under paragraph (6)) the means to maintain an 


        annual income equal to at least 200 percent of the 


        Federal poverty line (or in the case of an affidavit 


        for a spouse or minor child of the petitioner 140 


        percent of the Federal poverty line).


            ``(6) Demonstration of means to maintain income.--


                    ``(A) In general.--


                            ``(i) Method of demonstration.--For 


                        purposes of this section, a 


                        demonstration of the means to maintain 


                        income shall include provision of a 


                        certified copy of the individual's 


                        Federal income tax return for the 


                        individual's 3 most recent taxable 


                        years and a written statement, executed 


                        under oath or as permitted under 


                        penalty of perjury under section 1746 


                        of title 28, United States Code, that 


                        the copies are certified copies of such 


                        returns.


                            ``(ii) Percent of poverty.--For 


                        purposes of this section, a reference 


                        to an annual income equal to at least a 


                        particular percentage of the Federal 


                        poverty line means an annual income 


                        equal to at least such percentage of 


                        the Federal poverty line for a family 


                        unit of a size equal to the number of 


                        members of the sponsor's household 


                        (including family and non-family 


                        dependents) plus the total number of 


                        other dependents and aliens sponsored 


                        by that sponsor.


                    ``(B) Limitation.--The Secretary of State, 


                or the Attorney General in the case of 


                adjustment of status, may provide that the 


                demonstration under subparagraph (A) applies 


                only to the most recent taxable year.


    ``(h) Federal Poverty Line Defined.--For purposes of this 


section, the term `Federal poverty line' means the level of 


income equal to the official poverty line (as defined by the 


Director of the Office of Management and Budget, as revised 


annually by the Secretary of Health and Human Services, in 


accordance with section 673(2) of the Omnibus Budget 


Reconciliation Act of 1981 (42 U.S.C. 9902)) that is applicable 


to a family of the size involved.


    ``(i) Sponsor's Social Security Account Number Required To 


Be Provided.--(1) An affidavit of support shall include the 


social security account number of each sponsor.


    ``(2) The Attorney General shall develop an automated 


system to maintain the social security account number data 


provided under paragraph (1).


    ``(3) The Attorney General shall submit an annual report to 


the Committees on the Judiciary of the House of Representatives 


and the Senate setting forth--


            ``(A) for the most recent fiscal year for which 


        data are available the number of sponsors under this 


        section and the number of sponsors in compliance with 


        the financial obligations of this section; and


            ``(B) a comparison of such numbers with the numbers 


        of such sponsors for the preceding fiscal year.''.


    (b) Clerical Amendment.--The table of contents is amended 


by inserting after the item relating to section 213 the 


following:


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





    (c) Settlement of Claims Prior to Naturalization.--Section 


316(a) (8 U.S.C. 1427(a)) is amended by striking ``and'' before 


``(3)'', and by inserting before the period at the end the 


following: ``, and (4) in the case of an applicant that has 


received assistance under a means-tested public benefits 


program (as defined in subsection (e) of section 213A) and with 


respect to which amounts are owing under an affidavit of 


support executed under such section, provides satisfactory 


evidence that there are no outstanding amounts that are owing 


pursuant to such affidavit by any sponsor who executed such 


affidavit''.


    (d) Effective Date; Promulgation of Form.--


            (1) In general.--The amendments made by this 


        section shall apply to affidavits of support executed 


        on or after a date specified by the Attorney General, 


        which date shall be not earlier than 60 days (and not 


        later than 90 days) after the date the Attorney General 


        formulates the form for such affidavits under paragraph 


        (2).


            (2) Promulgation of form.--Not later than 90 days 


        after the date of the enactment of this Act, the 


        Attorney General, in consultation with the heads of 


        other appropriate agencies, shall promulgate a standard 


        form for an affidavit of support consistent with the 


        provisions of section 213A of the Immigration and 


        Nationality Act.





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


                    IMMIGRANTS.





    (a) Deeming Requirement for Federal Means-Tested Public 


Benefits.--Subject to subsections (d) and (h), for purposes of 


determining the eligibility of an alien for any Federal means-


tested public benefit, and the amount of such benefit, income 


and resources described in subsection (b) shall, 


notwithstanding any other provision of law, be deemed to be 


income and resources of such alien.


    (b) Deemed Income and Resources.--The income and resources 


described in this subsection shall include the income and 


resources of--


            (1) each sponsor under section 213A of the 


        Immigration and Nationality Act;


            (2) each person who, as a sponsor of an alien's 


        entry into the United States, or in order to enable an 


        alien lawfully to remain in the United States, executed 


        an affidavit of support or similar agreement other than 


        under section 213A with respect to such alien, and


            (3) each sponsor's spouse.


    (c) Length of Deeming Period.--


            (1) In general.--Subject to paragraph (3), for an 


        alien for whom an affidavit of support under section 


        213A of the Immigration and Nationality Act has been 


        executed, the requirement of subsection (a) shall apply 


        until the alien is naturalized as a citizen of the 


        United States.


            (2) Special rule for outdated affidavit of 


        support.--Subject to paragraph (3), for an alien for 


        whom an affidavit of support has been executed other 


        than as required under section 213A of the Immigration 


        and Nationality Act, the requirement of subsection (a) 


        shall apply for a period of 5 years beginning on the 


        day such alien was provided lawful permanent resident 


        status after the execution of such affidavit or 


        agreement, but in no case after the date of 


        naturalization of the alien.


            (3) Exception to general rule.--Subsection (a) 


        shall not apply and the period of attribution of a 


        sponsor's income and resources under this subsection 


        with respect to an alien shall terminate at such time 


        as an affidavit of support of such sponsor with respect 


        to the alien becomes no longer enforceable under 


        section 213A(a)(3) of the Immigration and Nationality 


        Act.


            (4) Provision of information to save.--The Attorney 


        General shall ensure that appropriate information 


        regarding sponsorship and the operation of this section 


        is provided to the system for alien verification of 


        eligibility (SAVE) described in section 1137(d)(3) of 


        the Social Security Act (42 U.S.C. 1320b-7(d)(3)).


    (d) Exceptions.--


            (1) Indigence.--


                    (A) In general.--For an alien for whom an 


                affidavit of support under section 213A of the 


                Immigration and Nationality Act has been 


                executed, if a determination described in 


                subparagraph (B) is made, the amount of income 


                and resources of the sponsor or the sponsor's 


                spouse which shall be attributed to the 


                sponsored alien shall not exceed the amount 


                actually provided for a period beginning on the 


                date of such determination and ending 12 months 


                after such date.


                    (B) Determination described.--A 


                determination described in this subparagraph is 


                a determination by an agency that a sponsored 


                alien would, in the absence of the assistance 


                provided by the agency, be unable to obtain 


                food and shelter, taking into account the 


                alien's own income, plus any cash, food, 


                housing, or other assistance provided by other 


                individuals, including the sponsor. The agency 


                shall notify the Attorney General of each such 


                determination, including the names of the 


                sponsor and the sponsored alien involved.


            (2) Excepted benefits.--The requirements of 


        subsection (a) shall not apply to the following:


                    (A)(i) Medical assistance under title XIX 


                of the Social Security Act (or any successor 


                program to such title) for care and services 


                that are necessary for the treatment of an 


                emergency medical condition of the alien 


                involved and are not related to an organ 


                transplant procedure.


                    (ii) For purposes of this subparagraph, the 


                term ``emergency medical condition'' means a 


                medical condition (including emergency labor 


                and delivery) manifesting itself by acute 


                symptoms of sufficient severity (including 


                severe pain) such that the absence of immediate 


                medical attention could reasonably be expected 


                to result in--


                            (I) placing the patient's health in 


                        serious jeopardy,


                            (II) serious impairment to bodily 


                        functions, or


                            (III) serious dysfunction of any 


                        bodily organ or part.


                    (B) Short-term noncash emergency disaster 


                relief.


                    (C) Assistance or benefits under--


                            (i) the National School Lunch Act 


                        (42 U.S.C. 1751 et seq.);


                            (ii) the Child Nutrition Act of 


                        1966 (42 U.S.C. 1771 et seq.);


                            (iii) section 4 of the Agriculture 


                        and Consumer Protection Act of 1973 


                        (Public Law 93-86; 7 U.S.C. 612c note);


                            (iv) the Emergency Food Assistance 


                        Act of 1983 (Public Law 98-8; 7 U.S.C. 


                        612c note);


                            (v) section 110 of the Hunger 


                        Prevention Act of 1988 (Public Law 100-


                        435; 7 U.S.C. 612c note); and


                            (vi) the food distribution program 


                        on Indian reservations established 


                        under section 4(b) of Public Law 88-525 


                        (7 U.S.C. 2013(b)).


                    (D) Public health assistance for 


                immunizations and, if the Secretary of Health 


                and Human Services determines that it is 


                necessary to prevent the spread of a serious 


                communicable disease, for testing and treatment 


                for such disease (which may not include 


                treatment for HIV infection or acquired immune 


                deficiency syndrome).


                    (E) Benefits under programs of student 


                assistance under titles IV, V, IX, and X of the 


                Higher Education Act of 1965 and titles III, 


                VII, and VIII of the Public Health Service Act.


                    (F) Benefits under any means-tested 


                programs under the Elementary and Secondary 


                Education Act of 1965.


                    (G) Such other in-kind service or noncash 


                assistance (such as soup kitchens, crisis 


                counseling, intervention (including 


                intervention for domestic violence) and short-


                term, shelter) as the Attorney General 


                specifies, in the Attorney General's sole and 


                unreviewable discretion, after consultation 


                with the heads of appropriate Federal agencies, 


                if--


                            (i) such service or assistance is 


                        delivered at the community level, 


                        including through public or private 


                        nonprofit agencies;


                            (ii) such service or assistance is 


                        necessary for the protection of life, 


                        safety, or public health; and


                            (iii) such service or assistance or 


                        the amount or cost of such service or 


                        assistance is not conditioned on the 


                        recipient's income or resources.


    (e) Federal Means-Tested Public Benefit Defined.--The term 


``Federal means-tested public benefit'' means any public 


benefit (including cash, medical, housing, and food assistance 


and social services) provided or funded in whole or in part by 


the Federal Government in which the eligibility of an 


individual, household, or family eligibility unit for the 


benefit, or the amount of the benefit, or both are determined 


on the basis of income, resources, or financial need of the 


individual, household, or unit.


    (f) Special Rule for Battered Spouse and Child.--


            (1) In general.--Subject to paragraph (2) and 


        notwithstanding any other provision of this section, 


        subsection (a) shall not apply to benefits--


                    (A) during a 12 month period if the alien 


                demonstrates that (i) the alien has been 


                battered or subjected to extreme cruelty in the 


                United States by a spouse or a parent, or by a 


                member of the spouse or parent's family 


                residing in the same household as the alien and 


                the spouse or parent consented to or acquiesced 


                to such battery or cruelty, or (ii) the alien's 


                child has been battered or subjected to extreme 


                cruelty in the United States by the spouse or 


                parent of the alien (without the active 


                participation of the alien in the battery or 


                cruelty), or by a member of the spouse's or 


                parent's family residing in the same household 


                as the alien when the spouse or parent 


                consented or acquiesced to and the alien did 


                not actively participate in such battery or 


                cruelty, and the battery or cruelty described 


                in clause (i) or (ii) (in the opinion of the 


                agency providing such public benefits, which 


                opinion is not subject to review by any court) 


                has a substantial connection to the need for 


                the public benefits applied for; and


                    (B) after a 12 month period (regarding the 


                batterer's income and resources only) if the 


                alien demonstrates that such battery or cruelty 


                under subparagraph (A) has been recognized in 


                an order of a judge or administrative law judge 


                or a prior determination of the Immigration and 


                Naturalization Service, and that such battery 


                or cruelty (in the opinion of the agency 


                providing such public benefits, which opinion 


                is not subject to review by any court) has a 


                substantial connection to the need for the 


                benefits.


            (2) Limitation.--The exception under paragraph (1) 


        shall not apply to benefits for an alien during any 


        period in which the individual responsible for such 


        battery or cruelty resides in the same household or 


        family eligibility unit as the individual who was 


        subjected to such battery or cruelty.


    (g) Application.--


            (1) In general.--The provisions of this section 


        shall apply with respect to determinations of 


        eligibility and amount of benefits for individuals for 


        whom an application is filed on or after the first day 


        of the first month beginning more than 60 days after 


        the date of the enactment of this Act.


            (2) Redeterminations.--This section shall apply 


        with respect to any redetermination of eligibility and 


        amount of benefits occurring on or after the date 


        determined under paragraph (1).


    (h) No Deeming Requirement for Nonprofit Charitable 


Organizations.--A nonprofit charitable organization operating 


any Federal means-tested public benefit program is not required 


to deem that the income or assets of any applicant for any 


benefit or assistance under such program include the income or 


assets described in subsection (b).





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


                    STATE AND LOCAL GOVERNMENTS.





    (a) In General.--Subject to subsection (b) and 


notwithstanding any other provision of law, a State or 


political subdivision of a State is authorized, for purposes of 


determining the eligibility of an alien for benefits and the 


amount of benefits, under any means-based public benefit 


program of a State or a political subdivision of a State (other 


than a program of assistance provided or funded, in whole or in 


part, by the Federal Government), to require that the income 


and resources of any individual under section 552(b) be deemed 


to be the income and resources of such alien.


    (b) Limitations.--


            (1) Exceptions.--Any attribution of income and 


        resources pursuant to the authority of subsection (a) 


        shall be subject to exceptions comparable to the 


        exceptions of section 552(d).


            (2) Period of deeming.--Any period of attribution 


        of income and resources pursuant to the authority of 


        subsection (a) shall not exceed the period of 


        attribution under section 552(c).





SEC. 554. AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS OF STATES TO 


                    LIMIT ASSISTANCE TO ALIENS AND TO DISTINGUISH AMONG 


                    CLASSES OF ALIENS IN PROVIDING GENERAL CASH PUBLIC 


                    ASSISTANCE.





    (a) In General.--Subject to subsection (b) and 


notwithstanding any other provision of law, a State or 


political subdivision of a State is authorized to prohibit or 


otherwise limit or restrict the eligibility of aliens or 


classes of aliens for programs of general cash public 


assistance furnished under the law of the State or a political 


subdivision of a State.


    (b) Limitation.--The authority provided for under 


subsection (a) may be exercised only to the extent that any 


prohibitions, limitations, or restrictions imposed by a State 


or political subdivision of a State are not more restrictive 


than the prohibitions, limitations, or restrictions imposed 


under comparable Federal programs. For purposes of this 


section, attribution to an alien of a sponsor's income and 


resources (as described in section 552(b)) for purposes of 


determining eligibility for, and the amount of, benefits shall 


be considered less restrictive than a prohibition of 


eligibility for such benefits.





                  Subtitle D--Miscellaneous Provisions





SEC. 561. INCREASED MAXIMUM CRIMINAL PENALTIES FOR FORGING OR 


                    COUNTERFEITING SEAL OF A FEDERAL DEPARTMENT OR 


                    AGENCY TO FACILITATE BENEFIT FRAUD BY AN UNLAWFUL 


                    ALIEN.





    Section 506 of title 18, United States Code, is amended to 


read as follows:





``Sec. 506. Seals of departments or agencies





    ``(a) Whoever--


            ``(1) falsely makes, forges, counterfeits, 


        mutilates, or alters the seal of any department or 


        agency of the United States, or any facsimile thereof;


            ``(2) knowingly uses, affixes, or impresses any 


        such fraudulently made, forged, counterfeited, 


        mutilated, or altered seal or facsimile thereof to or 


        upon any certificate, instrument, commission, document, 


        or paper of any description; or


            ``(3) with fraudulent intent, possesses, sells, 


        offers for sale, furnishes, offers to furnish, gives 


        away, offers to give away, transports, offers to 


        transport, imports, or offers to import any such seal 


        or facsimile thereof, knowing the same to have been so 


        falsely made, forged, counterfeited, mutilated, or 


        altered,


shall be fined under this title, or imprisoned not more than 5 


years, or both.


    ``(b) Notwithstanding subsection (a) or any other provision 


of law, if a forged, counterfeited, mutilated, or altered seal 


of a department or agency of the United States, or any 


facsimile thereof, is--


            ``(1) so forged, counterfeited, mutilated, or 


        altered;


            ``(2) used, affixed, or impressed to or upon any 


        certificate, instrument, commission, document, or paper 


        of any description; or


            ``(3) with fraudulent intent, possessed, sold, 


        offered for sale, furnished, offered to furnish, given 


        away, offered to give away, transported, offered to 


        transport, imported, or offered to import,


with the intent or effect of facilitating an alien's 


application for, or receipt of, a Federal benefit to which the 


alien is not entitled, the penalties which may be imposed for 


each offense under subsection (a) shall be two times the 


maximum fine, and 3 times the maximum term of imprisonment, or 


both, that would otherwise be imposed for an offense under 


subsection (a).


    ``(c) For purposes of this section--


            ``(1) the term `Federal benefit' means--


                    ``(A) the issuance of any grant, contract, 


                loan, professional license, or commercial 


                license provided by any agency of the United 


                States or by appropriated funds of the United 


                States; and


                    ``(B) any retirement, welfare, Social 


                Security, health (including treatment of an 


                emergency medical condition in accordance with 


                section 1903(v) of the Social Security Act (19 


                U.S.C. 1396b(v))), disability, veterans, public 


                housing, education, food stamps, or 


                unemployment benefit, or any similar benefit 


                for which payments or assistance are provided 


                by an agency of the United States or by 


                appropriated funds of the United States; and


            ``(2) each instance of forgery, counterfeiting, 


        mutilation, or alteration shall constitute a separate 


        offense under this section.''.





SEC. 562. COMPUTATION OF TARGETED ASSISTANCE.





    (a) In General.--Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is 


amended by adding at the end the following new subparagraph:


    ``(C) All grants made available under this paragraph for a 


fiscal year (other than the Targeted Assistance Ten Percent 


Discretionary Program) shall be allocated by the Office of 


Resettlement in a manner that ensures that each qualifying 


county shall receive the same amount of assistance for each 


refugee and entrant residing in the county as of the beginning 


of the fiscal year who arrived in the United States not more 


than 60 months prior to such fiscal year.''.


    (b) Effective Date.--The amendment made by subsection (a) 


shall be effective for fiscal years after fiscal year 1996.





SEC. 563. TREATMENT OF EXPENSES SUBJECT TO EMERGENCY MEDICAL
SERVICES 


                    EXCEPTION.





    (a) In General.--Subject to such amounts as are provided in 


advance in appropriation Acts, each State or political 


subdivision of a State that provides medical assistance for 


care and treatment of an emergency medical condition (as 


defined for purposes of section 501(b)(1)) through a public 


hospital or other public facility (including a nonprofit 


hospital that is eligible for an additional payment adjustment 


under section 1886 of the Social Security Act) or through 


contract with another hospital or facility to an individual who 


is an alien not lawfully present in the United States is 


eligible for payment from the Federal Government of its costs 


of providing such services, but only to the extent that such 


costs are not otherwise reimbursed through any other Federal 


program and cannot be recovered from the alien or another 


person.


    (b) Confirmation of Immigration Status Required.--No 


payment shall be made under this section with respect to 


services furnished to an individual unless the immigration 


status of the individual has been verified through appropriate 


procedures established by the Secretary of Health and Human 


Services and the Attorney General.


    (c) Administration.--This section shall be administered by 


the Attorney General, in consultation with the Secretary of 


Health and Human Services.


    (d) Effective Date.--Subsection (a) shall apply to medical 


assistance for care and treatment of an emergency medical 


condition furnished on or after October 1, 1996.





SEC. 564. REIMBURSEMENT OF STATES AND LOCALITIES FOR EMERGENCY 


                    AMBULANCE SERVICES.





    Subject to the availability of appropriations, the Attorney 


General shall fully reimburse States and political subdivisions 


of States for costs incurred by such a State or subdivision for 


emergency ambulance services provided to any alien who--


            (1) is injured while crossing a land or sea border 


        of the United States without inspection or at any time 


        or place other than as designated by the Attorney 


        General; and


            (2) is under the custody of the State or 


        subdivision pursuant to a transfer, request, or other 


        action by a Federal authority.





SEC. 565. PILOT PROGRAMS TO REQUIRE BONDING.





    (a) In General.--


            (1) The Attorney General of the United States shall 


        establish a pilot program in 5 district offices of the 


        Immigration and Naturalization Service to require 


        aliens to post a bond in addition to the affidavit 


        requirements under section 551 and the deeming 


        requirements under section 552. Any pilot program 


        established pursuant to this subsection shall require 


        an alien to post a bond in an amount sufficient to 


        cover the cost of benefits for the alien and the 


        alien's dependents under the programs described in 


        section 241(a)(5)(D) of the Immigration and Nationality 


        Act (8 U.S.C. 1251(a)(5)(D)) and shall remain in effect 


        until the departure, naturalization, or death of the 


        alien.


            (2) Suit on any such bonds may be brought under the 


        terms and conditions set forth in section 213A of the 


        Immigration and Nationality Act.


    (b) Regulations.--Not later than 180 days after the date of 


the enactment of this Act, the Attorney General shall issue 


regulations for establishing the pilot programs, including--


            (1) criteria and procedures for--


                    (A) certifying bonding companies for 


                participation in the program, and


                    (B) debarment of any such company that 


                fails to pay a bond, and


            (2) criteria for setting the amount of the bond to 


        assure that the bond is in an amount that is not less 


        than the cost of providing benefits under the programs 


        described in section 241(a)(5)(D) for the alien and the 


        alien's dependents for 6 months.


    (c) Authorization of Appropriations.--There are authorized 


to be appropriated such sums as may be necessary to carry out 


this section.


    (d) Annual Reporting Requirement.--Beginning 9 months after 


the date of implementation of the pilot program, the Attorney 


General shall submit annually to the Committees on the 


Judiciary of the House of Representatives and the Senate a 


report on the effectiveness of the program. The Attorney 


General shall submit a final evaluation of the program not 


later than 1 year after termination.


    (e) Sunset.--The pilot program under this section shall 


terminate after 3 years of operation.


    (f) Bonds in Addition to Sponsorship and Deeming 


Requirements.--Section 213 of the Immigration and Nationality 


Act (8 U.S.C. 1183) is amended by inserting ``(subject to the 


affidavit of support requirement and attribution of sponsor's 


income and resources under section 213A)'' after ``in the 


discretion of the Attorney General''.





SEC. 566. REPORTS.





    Not later than 180 days after the end of each fiscal year, 


the Attorney General shall submit a report to the Inspector 


General of the Department of Justice and the Committees on the 


Judiciary of the House of Representatives and of the Senate 


describing the following:


            (1) Public charge deportations.--The number of 


        aliens deported on public charge grounds under section 


        241(a)(5) of the Immigration and Nationality Act during 


        the previous fiscal year.


            (2) Indigent sponsors.--The number of 


        determinations made under section 552(d)(1) of this Act 


        (relating to indigent sponsors) during the previous 


        fiscal year.


            (3) Reimbursement actions.--The number of actions 


        brought, and the amount of each action, for 


        reimbursement under section 213A of the Immigration and 


        Nationality Act (including private collections) for the 


        costs of providing public benefits.


            (4) Verifications of eligibility.--The number of 


        situations in which a Federal or State agency fails to 


        respond within 10 days to a request for verification of 


        eligibility under section 510(b), including the reasons 


        for, and the circumstances of, each such failure.





                     Subtitle E--Housing Assistance





SEC. 571. SHORT TITLE.





    This subtitle may be cited as the ``Use of Assisted Housing 


by Aliens Act of 1996''.





SEC. 572. PRORATING OF FINANCIAL ASSISTANCE.





    Section 214(b) of the Housing and Community Development Act 


of 1980 (42 U.S.C. 1436a(b)) is amended--


            (1) by inserting ``(1)'' after ``(b)''; and


            (2) by adding at the end the following new 


        paragraph:


    ``(2) If the eligibility for financial assistance of at 


least one member of a family has been affirmatively established 


under the program of financial assistance and under this 


section, and the eligibility of one or more family members has 


not been affirmatively established under this section, any 


financial assistance made available to such family by the 


Secretary of Housing and Urban Development shall be prorated, 


based on the number of individuals in the family for whom 


eligibility has been affirmatively established under the 


program of financial assistance and under this section, as 


compared with the total number of individuals who are members 


of the family.''.


SEC. 573. ACTIONS IN CASES OF TERMINATION OF FINANCIAL ASSISTANCE.





    (a) In General.--Section 214(c)(1) of the Housing and 


Community Development Act of 1980 (42 U.S.C. 1436a(c)(1)) is 


amended--


            (1) in the matter preceding subparagraph (A)--


                    (A) by striking ``on the date of the 


                enactment of the Housing and Community 


                Development Act of 1987''; and


                    (B) by striking ``may, in its discretion,'' 


                and inserting ``shall'';


            (2) in subparagraph (A), by adding at the end the 


        following new sentence: ``Financial assistance 


        continued under this subparagraph for a family shall be 


        provided only on a prorated basis under which the 


        amount of financial assistance is based on the 


        percentage of the total number of members of the family 


        that are eligible for such assistance under the program 


        for financial assistance and under this section.''; and


            (3) by striking subparagraph (B), and inserting the 


        following new subparagraph:


            ``(B) Defer the termination of financial 


        assistance, if necessary to permit the orderly 


        transition of the individual and any family members 


        involved to other housing, subject to the following 


        requirements:


                    ``(i) Except as provided in clause (ii), 


                any deferral under this subparagraph shall be 


                for a single 3-month period.


                    ``(ii) The time period referred to in 


                clause (i) shall not apply in the case of a 


                refugee under section 207 of the Immigration 


                and Nationality Act or an individual seeking 


                asylum under section 208 of such Act.''.


    (b) Scope of Application.--


            (1) In general.--The amendment made by subsection 


        (a)(3) shall apply to any deferral granted under 


        section 214(c)(1)(B) of the Housing and Community 


        Development Act of 1980 on or after the date of the 


        enactment of this Act.


            (2) Treatment of deferrals and renewals granted 


        before enactment.--In the case of any deferral which 


        was granted or renewed under section 214(c)(1)(B) of 


        the Housing and Community Development Act of 1980 


        before the date of the enactment of this Act--


                    (A) if the deferral or renewal expires 


                before the expiration of the 3-month period 


                beginning upon such date of enactment, the 


                deferral or renewal may, upon expiration of the 


                deferral period, be renewed for not more than a 


                single additional 3-month period; and


                    (B) if the deferral or renewal expires on 


                or after the expiration of such 3-month period, 


                the deferral or renewal may not be renewed or 


                extended.





SEC. 574. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY FOR 


                    FINANCIAL ASSISTANCE.





    (a) In General.--Section 214(d) of the Housing and 


Community Development Act of 1980 (42 U.S.C. 1436a(d)) is 


amended--


            (1) by striking the matter preceding paragraph (1) 


        and inserting the following:


    ``(d) No individual applying for financial assistance shall 


receive such financial assistance before the affirmative 


establishment and verification of the eligibility of the 


individual under this subsection by the Secretary or other 


appropriate entity, and the following conditions shall apply 


with respect to financial assistance being or to be provided 


for the benefit of an individual:'';


            (2) in paragraph (1)--


                    (A) in subparagraph (A), by adding at the 


                end the following: ``If the declaration states 


                that the individual is not a citizen or 


                national of the United States and the 


                individual is younger than 62 years of age, the 


                declaration shall be verified by the 


                Immigration and Naturalization Service.'';


                    (B) by striking subparagraph (B) and 


                inserting the following new subparagraph:


            ``(B) In the case of any individual who is younger 


        than 62 years of age and is receiving or applying for 


        financial assistance, there must be presented the item 


        (or items) described in one of the following 


        subparagraphs for that individual:


                    ``(i) A United States passport (either 


                current or expired if issued both within the 


                previous 20 years and after the individual 


                attained 18 years of age).


                    ``(ii) A resident alien card or an alien 


                registration card, if the card (i) contains a 


                photograph of the individual and (ii) contains 


                security features to make it resistant to 


                tampering, counterfeiting, and fraudulent use.


                    ``(iii) A driver's license or similar 


                document issued for the purpose of 


                identification by a State, if it contains a 


                photograph of the individual.


                    ``(iv) If the individual attests to being a 


                citizen or national of the United States and 


                the individual does not have other 


                documentation under this paragraph, such other 


                documents or evidence that identify the 


                individual, as the Attorney General may 


                designate as constituting reasonable evidence 


                indicating United States citizenship.''.


            (3) by striking paragraph (2) and inserting the 


        following new paragraph:


        ``(2) In the case of an individual who is not a citizen 


        or national of the United States, is not 62 years of 


        age or older, and is applying for financial assistance, 


        the Secretary may not provide such assistance for the 


        benefit of the individual before such documentation is 


        presented and verified under paragraph (3) or (4).'';


            (4) in paragraph (3), by striking ``(2)(A) is 


        presented'' and inserting ``(1)(B)(ii) is presented and 


        contains the individual's alien admission number or 


        alien file number (or numbers if the individual has 


        more than one number)''


            (5) in paragraph (4)--


                    (A) in the matter preceding subparagraph 


                (A)--


                            (i) by striking ``on the date of 


                        the enactment of the Housing and 


                        Community Development Act of 1987'' and 


                        inserting ``or applying for financial 


                        assistance'';


                            (ii) by striking ``paragraph (2)'' 


                        and inserting ``paragraph (1)(B)(ii)''; 


                        and


                            (iii) by striking ``paragraph 


                        (2)(A)'' and inserting ``paragraph 


                        (1)(B)(ii)'';


                    (B) in subparagraph (A)--


                            (i) in clause (i)--


                                    (I) by inserting ``, not to 


                                exceed 30 days,'' after 


                                ``reasonable opportunity''; and


                                    (II) by striking ``and'' at 


                                the end; and


                            (ii) by striking clause (ii) and 


                        inserting the following new clauses:


                            ``(ii) in the case of any 


                        individual who is receiving assistance, 


                        may not delay, deny, reduce, or 


                        terminate the individual's eligibility 


                        for financial assistance on the basis 


                        of the individual's immigration status 


                        until such 30-day period has expired, 


                        and


                            ``(iii) in the case of any 


                        individual who is applying for 


                        financial assistance, may not deny the 


                        application for such assistance on the 


                        basis of the individual's immigration 


                        status until such 30-day period has 


                        expired; and''; and


                    (C) in subparagraph (B), by striking 


                clauses (i) and (ii) and inserting the 


                following new clauses:


                            ``(i) the Secretary shall transmit 


                        to the Immigration and Naturalization 


                        Service either photostatic or other 


                        similar copies of such documents, or 


                        information from such documents, as 


                        specified by the Immigration and 


                        Naturalization Service, for official 


                        verification,


                            ``(ii) pending such verification or 


                        appeal, the Secretary may not--


                                    ``(I) in the case of any 


                                individual who is receiving 


                                assistance, delay, deny, 


                                reduce, or terminate the 


                                individual's eligibility for 


                                financial assistance on the 


                                basis of the individual's 


                                immigration status, and


                                    ``(II) in the case of any 


                                individual who is applying for 


                                financial assistance, deny the 


                                application for such assistance 


                                on the basis of the 


                                individual's immigration 


                                status, and'';


            (6) in paragraph (5), by striking all that follows 


        ``satisfactory immigration status'' and inserting the 


        following: ``, the Secretary shall--


                    ``(A) deny the individual's application for 


                financial assistance or terminate the 


                individual's eligibility for financial 


                assistance, as the case may be,


                    ``(B) provide the individual with written 


                notice of the determination under this 


                paragraph, which in the case of an individual 


                who is receiving financial assistance shall 


                also notify the individual of the opportunity 


                for a hearing under subparagraph (C), and


                    ``(C) in the case of an individual who is 


                receiving financial assistance and requests a 


                hearing under this subparagraph, provide a 


                hearing within 5 days of receipt of the notice 


                under subparagraph (B), at which hearing the 


                individual may produce the documentation of 


                immigration status required under this 


                subsection or the reasons for the termination 


                shall be explained and the individual shall be 


                notified of his or her eligibility for deferral 


                under subsection (c)(1)(B).'';


            (7) by striking paragraph (6) and inserting the 


        following new paragraph:


            ``(6) The Secretary shall terminate the eligibility 


        for financial assistance of an individual and the 


        members of the household of the individual, for a 


        period of not less than 24 months, upon determining 


        that such individual has knowingly permitted another 


        individual who is not eligible for such assistance to 


        use the assistance (including residence in the unit 


        receiving the assistance). This provision shall not 


        apply to a family if the ineligibility of the 


        ineligible individual at issue was considered in 


        calculating any proration under this section of 


        assistance provided for the family.''; and


            (8) by striking the matter following paragraph (6) 


        and inserting the following new paragraphs:


            ``(7) An owner of housing receiving financial 


        assistance--


                    ``(A) may initiate procedures to 


                affirmatively establish or verify the 


                eligibility of an individual or family under 


                this section at any time at which the owner 


                determines that such eligibility is in 


                question, regardless of whether or not the 


                individual or family is at or near the top of 


                the waiting list for the housing;


                    ``(B) shall affirmatively establish or 


                verify the eligibility of an individual or 


                family under this section in accordance with 


                the procedures set forth in section 274A(b)(1) 


                of the Immigration and Nationality Act; and


                    ``(C) shall have access to any relevant 


                information contained in the SAVE system (or 


                any successor thereto) that relates to any 


                individual or family applying for financial 


                assistance.


        ``For purposes of this paragraph, the term `owner' 


        includes any public housing agency (as such term is 


        defined in section 3 of the United States Housing Act 


        of 1937). For purposes of this paragraph, when used in 


        reference to a family, the term `eligibility' means the 


        eligibility of each member of the family.


            ``(8) For purposes of this subsection, the 


        following definitions shall apply:


                    ``(A) The term `satisfactory immigration 


                status' means an immigration status which does 


                not make the individual ineligible for 


                financial assistance.


                    ``(B) The term `Secretary' means the 


                Secretary of Housing and Urban Development, a 


                public housing agency, or another entity that 


                determines the eligibility of an individual for 


                financial assistance.''.


    (b) Effective Date.--


            (1) In general.--Notwithstanding section 576 of 


        this Act, the amendment made by subsection (a)(2)(B) of 


        this section shall apply to application for benefits 


        filed on or after such date as the Attorney General 


        specifies in regulations under paragraph (2) of this 


        subsection. Such date shall be at least 60 days, and 


        not more than 90 days, after the date the Attorney 


        General first issues such regulations.


            (2) Regulations.--The Attorney General (in 


        consultation with the heads of other appropriate 


        agencies) shall first issue regulations to carry out 


        the amendment made by subsection (a)(2)(B) of this 


        section not later than 180 days after the date of the 


        enactment of this Act. Such regulations shall be 


        effective on an interim basis, pending change after 


        opportunity for public comment.





SEC. 575. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING FINANCIAL 


                    ASSISTANCE ELIGIBILITY DETERMINATIONS.





    Section 214(e) of the Housing and Community Development Act 


of 1980 (42 U.S.C. 1436a(e)) is amended--


            (1) in paragraph (2), by inserting ``or'' after the 


        comma at the end;


            (2) in paragraph (3), by inserting after ``, or'' 


        at the end the following: ``the response from the 


        Immigration and Naturalization Service to the appeal of 


        such individual.''; and


            (3) by striking paragraph (4).





SEC. 576. REGULATIONS.





    (a) Issuance.--Not later than the expiration of the 60-day 


period beginning on the date of the enactment of this Act, the 


Secretary of Housing and Urban Development shall issue any 


regulations necessary to implement the amendments made by this 


subtitle. Such regulations shall be issued in the form of an 


interim final rule, which shall take effect upon issuance and 


shall not be subject to the provisions of section 533 of title 


5, United States Code, regarding notice or an opportunity for 


comment.


    (b) Failure To Issue.--If the Secretary fails to issue the 


regulations required under subsection (a) before the expiration 


of the period referred to in such subsection, the regulations 


relating to restrictions on assistance to noncitizens, 


contained in the final rule issued by the Secretary of Housing 


and Urban Development in RIN 2501-AA63 (Docket No. R-95-1409; 


FR-2383-F-050), published in the Federal Register of March 20, 


1995 (Vol. 60, No. 53; pp. 14824-14861), shall not apply after 


the expiration of such period.





SEC. 577. REPORT ON HOUSING ASSISTANCE PROGRAMS.





    Not later than 90 days after the date of the enactment of 


this Act, the Secretary of Housing and Urban Development shall 


submit a report to the Committee on the Judiciary and the 


Committee on Banking, Housing, and Urban Affairs of the Senate, 


and the Committee on the Judiciary and the Committee on Banking 


and Financial Services of the House of Representatives, 


describing the manner in which the Secretary is enforcing 


section 214 of the Housing and Community Development Act of 


1980 and containing statistics with respect to the number of 


individuals denied financial assistance under such section.





                     Subtitle F--General Provisions





SEC. 591. EFFECTIVE DATES.





    Except as provided in this title, this title and the 


amendments made by this title shall take effect on the date of 


the enactment of this Act.





SEC. 592. STATUTORY CONSTRUCTION.





    Nothing in this title may be construed as an entitlement or 


a determination of an individual's eligibility or fulfillment 


of the requisite requirements for any Federal, State, or local 


governmental program, assistance, or benefits. For purposes of 


this title, eligibility relates only to the general issue of 


eligibility or ineligibility on the basis of alienage.





SEC. 593. NOT APPLICABLE TO FOREIGN ASSISTANCE.





    This title does not apply to any Federal, State, or local 


governmental program, assistance, or benefits provided to an 


alien under any program of foreign assistance as determined by 


the Secretary of State in consultation with the Attorney 


General.





SEC. 594. NOTIFICATION.





    (a) In General.--Each agency of the Federal Government or a 


State or political subdivision that administers a program 


affected by the provisions of this title, shall, directly or 


through the States, provide general notification to the public 


and to program recipients of the changes regarding eligibility 


for any such program pursuant to this title.


    (b) Failure To Give Notice.--Nothing in this section shall 


be construed to require or authorize continuation of 


eligibility if the notice under this section is not provided.





SEC. 595. DEFINITIONS.





    Except as otherwise provided in this title, for purposes of 


this title--


            (1) the terms ``alien'', ``Attorney General'', 


        ``national'', ``naturalization'', ``State'', and 


        ``United States'' shall have the meaning given such 


        terms in section 101(a) of the Immigration and 


        Nationality Act; and


            (2) the term ``child'' shall have the meaning given 


        such term in section 101(c) of the Immigration and 


        Nationality Act.





                   TITLE VI--MISCELLANEOUS PROVISIONS





                Subtitle A--Refugees, Parole, and Asylum





SEC. 601. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL 


                    METHODS.





    (a) Definition of Refugee.--


            (1) Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is 


        amended by adding at the end the following: ``For 


        purposes of determinations under this Act, a person who 


        has been forced to abort a pregnancy or to undergo 


        involuntary sterilization, or who has been persecuted 


        for failure or refusal to undergo such a procedure or 


        for other resistance to a coercive population control 


        program, shall be deemed to have been persecuted on 


        account of political opinion, and a person who has a 


        well founded fear that he or she will be forced to 


        undergo such a procedure or subject to persecution for 


        such failure, refusal, or resistance shall be deemed to 


        have a well founded fear of persecution on account of 


        political opinion.''.


            (2) Not later than 90 days after the end of each 


        fiscal year, the Attorney General shall submit a report 


        to the Committee on the Judiciary of the House of 


        Representatives and the Committee on the Judiciary of 


        the Senate describing the number and countries of 


        origin of aliens granted refugee status or asylum under 


        determinations pursuant to the amendment made by 


        paragraph (1). Each such report shall also contain 


        projections regarding the number and countries of 


        origin of aliens that are likely to be granted refugee 


        status or asylum for the subsequent 2 fiscal years.


    (b) Numerical Limitation.--Section 207(a) (8 U.S.C. 


1157(a)) is amended by adding at the end the following new 


paragraph:


    ``(5) For any fiscal year, not more than a total of 1,000 


refugees may be admitted under this subsection or granted 


asylum under section 208 pursuant to a determination under the 


third sentence of section 101(a)(42) (relating to persecution 


for resistance to coercive population control methods).''.





SEC. 602. LIMITATION ON USE OF PAROLE.





    (a) Parole Authority.--Section 212(d)(5)(A) (8 U.S.C. 


1182(d)(5)) is amended by striking ``for emergent reasons or 


for reasons deemed strictly in the public interest'' and 


inserting ``only on a case-by-case basis for urgent 


humanitarian reasons or significant public benefit''.


    (b) Report to Congress.--Not later than 90 days after the 


end of each fiscal year, the Attorney General shall submit a 


report to the Committee on the Judiciary of the House of 


Representatives and the Committee on the Judiciary of the 


Senate describing the number and categories of aliens paroled 


into the United States under section 212(d)(5) of the 


Immigration and Nationality Act. Each such report shall provide 


the total number of aliens paroled into and residing in the 


United States and shall contain information and data for each 


country of origin concerning the number and categories of 


aliens paroled, the duration of parole, the current status of 


aliens paroled, and the number and categories of aliens 


returned to the custody from which they were paroled during the 


preceding fiscal year.





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


                    NUMERICAL LIMITATIONS.





    Section 201(c) (8 U.S.C. 1151(c)) is amended--


            (1) by amending paragraph (1)(A)(ii) to read as 


        follows:


            ``(ii) the sum of the number computed under 


        paragraph (2) and the number computed under paragraph 


        (4), plus''; and


            (2) by adding at the end the following new 


        paragraphs:


    ``(4) The number computed under this paragraph for a fiscal 


year (beginning with fiscal year 1999) is the number of aliens 


who were paroled into the United States under section 212(d)(5) 


in the second preceding fiscal year--


            ``(A) who did not depart from the United States 


        (without advance parole) within 365 days; and


            ``(B) who (i) did not acquire the status of aliens 


        lawfully admitted to the United States for permanent 


        residence in the two preceding fiscal years, or (ii) 


        acquired such status in such years under a provision of 


        law (other than section 201(b)) which exempts such 


        adjustment from the numerical limitation on the 


        worldwide level of immigration under this section.


    ``(5) If any alien described in paragraph (4) (other than 


an alien described in paragraph (4)(B)(ii)) is subsequently 


admitted as an alien lawfully admitted for permanent residence, 


such alien shall not again be considered for purposes of 


paragraph (1).''.





SEC. 604. ASYLUM REFORM.





    (a) Asylum Reform.--Section 208 (8 U.S.C. 1158) is amended 


to read as follows:








                                ``asylum








    ``Sec. 208. (a) Authority To Apply for Asylum.--


            ``(1) In general.--Any alien who is physically 


        present in the United States or who arrives in the 


        United States (whether or not at a designated port of 


        arrival and including an alien who is brought to the 


        United States after having been interdicted in 


        international or United States waters), irrespective of 


        such alien's status, may apply for asylum in accordance 


        with this section or, where applicable, section 235(b).


            ``(2) Exceptions.--


                    ``(A) Safe third country.--Paragraph (1) 


                shall not apply to an alien if the Attorney 


                General determines that the alien may be 


                removed, pursuant to a bilateral or 


                multilateral agreement, to a country (other 


                than the country of the alien's nationality or, 


                in the case of an alien having no nationality, 


                the country of the alien's last habitual 


                residence) in which the alien's life or freedom 


                would not be threatened on account of race, 


                religion, nationality, membership in a 


                particular social group, or political opinion, 


                and where the alien would have access to a full 


                and fair procedure for determining a claim to 


                asylum or equivalent temporary protection, 


                unless the Attorney General finds that it is in 


                the public interest for the alien to receive 


                asylum in the United States.


                    ``(B) Time limit.--Subject to subparagraph 


                (D), paragraph (1) shall not apply to an alien 


                unless the alien demonstrates by clear and 


                convincing evidence that the application has 


                been filed within 1 year after the date of the 


                alien's arrival in the United States.


                    ``(C) Previous asylum applications.--


                Subject to subparagraph (D), paragraph (1) 


                shall not apply to an alien if the alien has 


                previously applied for asylum and had such 


                application denied.


                    ``(D) Changed circumstances.--An 


                application for asylum of an alien may be 


                considered, notwithstanding subparagraphs (B) 


                and (C), if the alien demonstrates to the 


                satisfaction of the Attorney General either the 


                existence of changed circumstances which 


                materially affect the applicant's eligibility 


                for asylum or extraordinary circumstances 


                relating to the delay in filing an application 


                within the period specified in subparagraph 


                (B).


            ``(3) Limitation on judicial review.--No court 


        shall have jurisdiction to review any determination of 


        the Attorney General under paragraph (2).


    ``(b) Conditions for Granting Asylum.--


            ``(1) In general.--The Attorney General may grant 


        asylum to an alien who has applied for asylum in 


        accordance with the requirements and procedures 


        established by the Attorney General under this section 


        if the Attorney General determines that such alien is a 


        refugee within the meaning of section 101(a)(42)(A).


            ``(2) Exceptions.--


                    ``(A) In general.--Paragraph (1) shall not 


                apply to an alien if the Attorney General 


                determines that--


                            ``(i) the alien ordered, incited, 


                        assisted, or otherwise participated in 


                        the persecution of any person on 


                        account of race, religion, nationality, 


                        membership in a particular social 


                        group, or political opinion;


                            ``(ii) the alien, having been 


                        convicted by a final judgment of a 


                        particularly serious crime, constitutes 


                        a danger to the community of the United 


                        States;


                            ``(iii) there are serious reasons 


                        for believing that the alien has 


                        committed a serious nonpolitical crime 


                        outside the United States prior to the 


                        arrival of the alien in the United 


                        States;


                            ``(iv) there are reasonable grounds 


                        for regarding the alien as a danger to 


                        the security of the United States;


                            ``(v) the alien is inadmissible 


                        under subclause (I), (II), (III), or 


                        (IV) of section 212(a)(3)(B)(i) or 


                        removable under section 237(a)(4)(B) 


                        (relating to terrorist activity), 


                        unless, in the case only of an alien 


                        inadmissible under subclause (IV) of 


                        section 212(a)(3)(B)(i), the Attorney 


                        General determines, in the Attorney 


                        General's discretion, that there are 


                        not reasonable grounds for regarding 


                        the alien as a danger to the security 


                        of the United States; or


                            ``(vi) the alien was firmly 


                        resettled in another country prior to 


                        arriving in the United States.


                    ``(B) Special rules.--


                            ``(i) Conviction of aggravated 


                        felony.--For purposes of clause (ii) of 


                        subparagraph (A), an alien who has been 


                        convicted of an aggravated felony shall 


                        be considered to have been convicted of 


                        a particularly serious crime.


                            ``(ii) Offenses.--The Attorney 


                        General may designate by regulation 


                        offenses that will be considered to be 


                        a crime described in clause (ii) or 


                        (iii) of subparagraph (A).


                    ``(C) Additional limitations.--The Attorney 


                General may by regulation establish additional 


                limitations and conditions, consistent with 


                this section, under which an alien shall be 


                ineligible for asylum under paragraph (1).


                    ``(D) No judicial review.--There shall be 


                no judicial review of a determination of the 


                Attorney General under subparagraph (A)(v).


            ``(3) Treatment of spouse and children.--A spouse 


        or child (as defined in section 101(b)(1)(A), (B), (C), 


        (D), or (E)) of an alien who is granted asylum under 


        this subsection may, if not otherwise eligible for 


        asylum under this section, be granted the same status 


        as the alien if accompanying, or following to join, 


        such alien.


    ``(c) Asylum Status.--


            ``(1) In general.--In the case of an alien granted 


        asylum under subsection (b), the Attorney General--


                    ``(A) shall not remove or return the alien 


                to the alien's country of nationality or, in 


                the case of a person having no nationality, the 


                country of the alien's last habitual residence;


                    ``(B) shall authorize the alien to engage 


                in employment in the United States and provide 


                the alien with appropriate endorsement of that 


                authorization; and


                    ``(C) may allow the alien to travel abroad 


                with the prior consent of the Attorney General.


            ``(2) Termination of asylum.--Asylum granted under 


        subsection (b) does not convey a right to remain 


        permanently in the United States, and may be terminated 


        if the Attorney General determines that--


                    ``(A) the alien no longer meets the 


                conditions described in subsection (b)(1) owing 


                to a fundamental change in circumstances;


                    ``(B) the alien meets a condition described 


                in subsection (b)(2);


                    ``(C) the alien may be removed, pursuant to 


                a bilateral or multilateral agreement, to a 


                country (other than the country of the alien's 


                nationality or, in the case of an alien having 


                no nationality, the country of the alien's last 


                habitual residence) in which the alien's life 


                or freedom would not be threatened on account 


                of race, religion, nationality, membership in a 


                particular social group, or political opinion, 


                and where the alien is eligible to receive 


                asylum or equivalent temporary protection;


                    ``(D) the alien has voluntarily availed 


                himself or herself of the protection of the 


                alien's country of nationality or, in the case 


                of an alien having no nationality, the alien's 


                country of last habitual residence, by 


                returning to such country with permanent 


                resident status or the reasonable possibility 


                of obtaining such status with the same rights 


                and obligations pertaining to other permanent 


                residents of that country; or


                    ``(E) the alien has acquired a new 


                nationality and enjoys the protection of the 


                country of his or her new nationality.


            ``(3) Removal when asylum is terminated.--An alien 


        described in paragraph (2) is subject to any applicable 


        grounds of inadmissibility or deportability under 


        section 212(a) and 237(a), and the alien's removal or 


        return shall be directed by the Attorney General in 


        accordance with sections 240 and 241.


    ``(d) Asylum Procedure.--


            ``(1) Applications.--The Attorney General shall 


        establish a procedure for the consideration of asylum 


        applications filed under subsection (a). The Attorney 


        General may require applicants to submit fingerprints 


        and a photograph at such time and in such manner to be 


        determined by regulation by the Attorney General.


            ``(2) Employment.--An applicant for asylum is not 


        entitled to employment authorization, but such 


        authorization may be provided under regulation by the 


        Attorney General. An applicant who is not otherwise 


        eligible for employment authorization shall not be 


        granted such authorization prior to 180 days after the 


        date of filing of the application for asylum.


            ``(3) Fees.--The Attorney General may impose fees 


        for the consideration of an application for asylum, for 


        employment authorization under this section, and for 


        adjustment of status under section 209(b). Such fees 


        shall not exceed the Attorney General's costs in 


        adjudicating the applications. The Attorney General may 


        provide for the assessment and payment of such fees 


        over a period of time or by installments. Nothing in 


        this paragraph shall be construed to require the 


        Attorney General to charge fees for adjudication 


        services provided to asylum applicants, or to limit the 


        authority of the Attorney General to set adjudication 


        and naturalization fees in accordance with section 


        286(m).


            ``(4) Notice of privilege of counsel and 


        consequences of frivolous application.--At the time of 


        filing an application for asylum, the Attorney General 


        shall--


                    ``(A) advise the alien of the privilege of 


                being represented by counsel and of the 


                consequences, under paragraph (6), of knowingly 


                filing a frivolous application for asylum; and


                    ``(B) provide the alien a list of persons 


                (updated not less often than quarterly) who 


                have indicated their availability to represent 


                aliens in asylum proceedings on a pro bono 


                basis.


            ``(5) Consideration of asylum applications.--


                    ``(A) Procedures.--The procedure 


                established under paragraph (1) shall provide 


                that--


                            ``(i) asylum cannot be granted 


                        until the identity of the applicant has 


                        been checked against all appropriate 


                        records or databases maintained by the 


                        Attorney General and by the Secretary 


                        of State, including the Automated Visa 


                        Lookout System, to determine any 


                        grounds on which the alien may be 


                        inadmissible to or deportable from the 


                        United States, or ineligible to apply 


                        for or be granted asylum;


                            ``(ii) in the absence of 


                        exceptional circumstances, the initial 


                        interview or hearing on the asylum 


                        application shall commence not later 


                        than 45 days after the date an 


                        application is filed;


                            ``(iii) in the absence of 


                        exceptional circumstances, final 


                        administrative adjudication of the 


                        asylum application, not including 


                        administrative appeal, shall be 


                        completed within 180 days after the 


                        date an application is filed;


                            ``(iv) any administrative appeal 


                        shall be filed within 30 days of a 


                        decision granting or denying asylum, or 


                        within 30 days of the completion of 


                        removal proceedings before an 


                        immigration judge under section 240, 


                        whichever is later; and


                            ``(v) in the case of an applicant 


                        for asylum who fails without prior 


                        authorization or in the absence of 


                        exceptional circumstances to appear for 


                        an interview or hearing, including a 


                        hearing under section 240, the 


                        application may be dismissed or the 


                        applicant may be otherwise sanctioned 


                        for such failure.


                    ``(B) Additional regulatory conditions.--


                The Attorney General may provide by regulation 


                for any other conditions or limitations on the 


                consideration of an application for asylum not 


                inconsistent with this Act.


            ``(6) Frivolous applications.--If the Attorney 


        General determines that an alien has knowingly made a 


        frivolous application for asylum and the alien has 


        received the notice under paragraph (4)(A), the alien 


        shall be permanently ineligible for any benefits under 


        this Act, effective as of the date of a final 


        determination on such application.


            ``(7) No private right of action.--Nothing in this 


        subsection shall be construed to create any substantive 


        or procedural right or benefit that is legally 


        enforceable by any party against the United States or 


        its agencies or officers or any other person.''.


    (b) Conforming and Clerical Amendments.--


            (1) The item in the table of contents relating to 


        section 208 is amended to read as follows:


``Sec. 208. Asylum.''.





            (2) Section 104(d)(1)(A) of the Immigration Act of 


        1990 (Public Law 101-649) is amended by striking 


        ``208(b)'' and inserting ``208''.


    (c) Effective Date.--The amendment made by subsection (a) 


shall apply to applications for asylum filed on or after the 


first day of the first month beginning more than 180 days after 


the date of the enactment of this Act.





SEC. 605. INCREASE IN ASYLUM OFFICERS.





    Subject to the availability of appropriations, the Attorney 


General shall provide for an increase in the number of asylum 


officers to at least 600 asylum officers by fiscal year 1997.





SEC. 606. CONDITIONAL REPEAL OF CUBAN ADJUSTMENT ACT.





    (a) In General.--Public Law 89-732 is repealed effective 


only upon a determination by the President under section 


203(c)(3) of the Cuban Liberty and Democratic Solidarity 


(LIBERTAD) Act of 1996 (Public Law 104-114) that a 


democratically elected government in Cuba is in power.


    (b) Limitation.--Subsection (a) shall not apply to aliens 


for whom an application for adjustment of status is pending on 


such effective date.





Subtitle B--Miscellaneous Amendments to the Immigration and Nationality 


                                  Act





SEC. 621. ALIEN WITNESS COOPERATION.





    Section 214(j)(1) (8 U.S.C. 1184(j)(1)) (as added by 


section 130003(b)(2) of the Violent Crime Control and Law 


Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 2025)) 


(relating to numerical limitations on the number of aliens who 


may be provided a visa as nonimmigrants under section 


101(a)(15)(S)) is amended--


            (1) by striking ``100.'' and inserting ``200.''; 


        and


            (2) by striking ``25.'' and inserting ``50.''.





SEC. 622. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH
RESPECT 


                    TO INTERNATIONAL MEDICAL GRADUATES.


    (a) Extension of Waiver Program.--Section 220(c) of the 


Immigration and Nationality Technical Corrections Act of 1994 


(8 U.S.C. 1182 note) is amended by striking ``1996.'' and 


inserting ``2002.''.


    (b) Conditions on Federally Requested Waivers.--Section 


212(e) (8 U.S.C. 1182(e)) is amended by inserting after 


``except that in the case of a waiver requested by a State 


Department of Public Health, or its equivalent'' the following: 


``, or in the case of a waiver requested by an interested 


United States Government agency on behalf of an alien described 


in clause (iii),''.


    (c) Restrictions on Federally Requested Waivers.--Section 


214(k) (8 U.S.C. 1184(k)) (as added by section 220(b) of the 


Immigration and Nationality Technical Corrections Act of 1994 


(Public Law 103-416; 108 Stat. 4319)) is amended to read as 


follows:


    ``(k)(1) In the case of a request by an interested State 


agency, or by an interested Federal agency, for a waiver of the 


2-year foreign residence requirement under section 212(e) on 


behalf of an alien described in clause (iii) of such section, 


the Attorney General shall not grant such waiver unless--


            ``(A) in the case of an alien who is otherwise 


        contractually obligated to return to a foreign country, 


        the government of such country furnishes the Director 


        of the United States Information Agency with a 


        statement in writing that it has no objection to such 


        waiver;


            ``(B) in the case of a request by an interested 


        State agency, the grant of such waiver would not cause 


        the number of waivers allotted for that State for that 


        fiscal year to exceed 20;


            ``(C) in the case of a request by an interested 


        Federal agency or by an interested State agency--


                    ``(i) the alien demonstrates a bona fide 


                offer of full-time employment at a health 


                facility or health care organization, which 


                employment has been determined by the Attorney 


                General to be in the public interest; and


                    ``(ii) the alien agrees to begin employment 


                with the health facility or health care 


                organization within 90 days of receiving such 


                waiver, and agrees to continue to work for a 


                total of not less than 3 years (unless the 


                Attorney General determines that extenuating 


                circumstances exist, such as closure of the 


                facility or hardship to the alien, which would 


                justify a lesser period of employment at such 


                health facility or health care organization, in 


                which case the alien must demonstrate another 


                bona fide offer of employment at a health 


                facility or health care organization for the 


                remainder of such 3-year period); and


            ``(D) in the case of a request by an interested 


        Federal agency (other than a request by an interested 


        Federal agency to employ the alien full-time in medical 


        research or training) or by an interested State agency, 


        the alien agrees to practice medicine in accordance 


        with paragraph (2) for a total of not less than 3 years 


        only in the geographic area or areas which are 


        designated by the Secretary of Health and Human 


        Services as having a shortage of health care 


        professionals.


    ``(2)(A) Notwithstanding section 248(2), the Attorney 


General may change the status of an alien who qualifies under 


this subsection and section 212(e) to that of an alien 


described in section 101(a)(15)(H)(i)(b).


    ``(B) No person who has obtained a change of status under 


subparagraph (A) and who has failed to fulfill the terms of the 


contract with the health facility or health care organization 


named in the waiver application shall be eligible to apply for 


an immigrant visa, for permanent residence, or for any other 


change of nonimmigrant status, until it is established that 


such person has resided and been physically present in the 


country of his nationality or his last residence for an 


aggregate of at least 2 years following departure from the 


United States.


    ``(3) Notwithstanding any other provision of this 


subsection, the 2-year foreign residence requirement under 


section 212(e) shall apply with respect to an alien described 


in clause (iii) of such section, who has not otherwise been 


accorded status under section 101(a)(27)(H), if--


            ``(A) at any time the alien ceases to comply with 


        any agreement entered into under subparagraph (C) or 


        (D) of paragraph (1); or


            ``(B) the alien's employment ceases to benefit the 


        public interest at any time during the 3-year period 


        described in paragraph (1)(C).''.





SEC. 623. USE OF LEGALIZATION AND SPECIAL AGRICULTURAL WORKER 


                    INFORMATION.


    (a) Confidentiality of Information.--Section 245A(c)(5) (8 


U.S.C. 1255a(c)(5)) is amended to read as follows:


            ``(5) Confidentiality of information.--


                    ``(A) In general.--Except as provided in 


                this paragraph, neither the Attorney General, 


                nor any other official or employee of the 


                Department of Justice, or bureau or agency 


                thereof, may--


                            ``(i) use the information furnished 


                        by the applicant pursuant to an 


                        application filed under this section 


                        for any purpose other than to make a 


                        determination on the application, for 


                        enforcement of paragraph (6), or for 


                        the preparation of reports to Congress 


                        under section 404 of the Immigration 


                        Reform and Control Act of 1986;


                            ``(ii) make any publication whereby 


                        the information furnished by any 


                        particular applicant can be identified; 


                        or


                            ``(iii) permit anyone other than 


                        the sworn officers and employees of the 


                        Department or bureau or agency or, with 


                        respect to applications filed with a 


                        designated entity, that designated 


                        entity, to examine individual 


                        applications.


                    ``(B) Required disclosures.--The Attorney 


                General shall provide the information furnished 


                under this section, and any other information 


                derived from such furnished information, to a 


                duly recognized law enforcement entity in 


                connection with a criminal investigation or 


                prosecution, when such information is requested 


                in writing by such entity, or to an official 


                coroner for purposes of affirmatively 


                identifying a deceased individual (whether or 


                not such individual is deceased as a result of 


                a crime).


                    ``(C) Authorized disclosures.--The Attorney 


                General may provide, in the Attorney General's 


                discretion, for the furnishing of information 


                furnished under this section in the same manner 


                and circumstances as census information may be 


                disclosed by the Secretary of Commerce under 


                section 8 of title 13, United States Code.


                    ``(D) Construction.--


                            ``(i) In general.--Nothing in this 


                        paragraph shall be construed to limit 


                        the use, or release, for immigration 


                        enforcement purposes or law enforcement 


                        purposes of information contained in 


                        files or records of the Service 


                        pertaining to an application filed 


                        under this section, other than 


                        information furnished by an applicant 


                        pursuant to the application, or any 


                        other information derived from the 


                        application, that is not available from 


                        any other source.


                            ``(ii) Criminal convictions.--


                        Information concerning whether the 


                        applicant has at any time been 


                        convicted of a crime may be used or 


                        released for immigration enforcement or 


                        law enforcement purposes.


                    ``(E) Crime.--Whoever knowingly uses, 


                publishes, or permits information to be 


                examined in violation of this paragraph shall 


                be fined not more than $10,000.''.


    (b) Special Agricultural Workers.--Section 210(b)(6) (8 


U.S.C. 1160(b)(6)) is amended to read as follows:


            ``(6) Confidentiality of information.--


                    ``(A) In general.--Except as provided in 


                this paragraph, neither the Attorney General, 


                nor any other official or employee of the 


                Department of Justice, or bureau or agency 


                thereof, may--


                            ``(i) use the information furnished 


                        by the applicant pursuant to an 


                        application filed under this section 


                        for any purpose other than to make a 


                        determination on the application, 


                        including a determination under 


                        subsection (a)(3)(B), or for 


                        enforcement of paragraph (7);


                            ``(ii) make any publication whereby 


                        the information furnished by any 


                        particular individual can be 


                        identified; or


                            ``(iii) permit anyone other than 


                        the sworn officers and employees of the 


                        Department or bureau or agency or, with 


                        respect to applications filed with a 


                        designated entity, that designated 


                        entity, to examine individual 


                        applications.


                    ``(B) Required disclosures.--The Attorney 


                General shall provide information furnished 


                under this section, and any other information 


                derived from such furnished information, to a 


                duly recognized law enforcement entity in 


                connection with a criminal investigation or 


                prosecution, when such information is requested 


                in writing by such entity, or to an official 


                coroner for purposes of affirmatively 


                identifying a deceased individual (whether or 


                not such individual is deceased as a result of 


                a crime).


                    ``(C) Construction.--


                            ``(i) In general.--Nothing in this 


                        paragraph shall be construed to limit 


                        the use, or release, for immigration 


                        enforcement purposes or law enforcement 


                        purposes of information contained in 


                        files or records of the Service 


                        pertaining to an application filed 


                        under this section, other than 


                        information furnished by an applicant 


                        pursuant to the application, or any 


                        other information derived from the 


                        application, that is not available from 


                        any other source.


                            ``(ii) Criminal convictions.--


                        Information concerning whether the 


                        applicant has at any time been 


                        convicted of a crime may be used or 


                        released for immigration enforcement or 


                        law enforcement purposes.


                    ``(D) Crime.--Whoever knowingly uses, 


                publishes, or permits information to be 


                examined in violation of this paragraph shall 


                be fined not more than $10,000.''.





SEC. 624. CONTINUED VALIDITY OF LABOR CERTIFICATIONS AND
CLASSIFICATION 


                    PETITIONS FOR PROFESSIONAL ATHLETES.





    (a) Labor Certification.--Section 212(a)(5)(A) (8 U.S.C. 


1182(a)(5)(A)) is amended by adding at the end the following:


                            ``(iii) Professional athletes.--


                                    ``(I) In general.--A 


                                certification made under clause 


                                (i) with respect to a 


                                professional athlete shall 


                                remain valid with respect to 


                                the athlete after the athlete 


                                changes employer, if the new 


                                employer is a team in the same 


                                sport as the team which 


                                employed the athlete when the 


                                athlete first applied for the 


                                certification.


                                    ``(II) Definition.--For 


                                purposes of subclause (I), the 


                                term `professional athlete' 


                                means an individual who is 


                                employed as an athlete by--


                                            ``(aa) a team that 


                                        is a member of an 


                                        association of 6 or 


                                        more professional 


                                        sports teams whose 


                                        total combined revenues 


                                        exceed $10,000,000 per 


                                        year, if the 


                                        association governs the 


                                        conduct of its members 


                                        and regulates the 


                                        contests and 


                                        exhibitions in which 


                                        its member teams 


                                        regularly engage; or


                                            ``(bb) any minor 


                                        league team that is 


                                        affiliated with such an 


                                        association.''.


    (b) Classification Petitions.--Section 204 (8 U.S.C. 1154) 


is amended by adding at the end the following:


    ``(i) Professional Athletes.--


            ``(1) In general.--A petition under subsection 


        (a)(4)(D) for classification of a professional athlete 


        shall remain valid for the athlete after the athlete 


        changes employers, if the new employer is a team in the 


        same sport as the team which was the employer who filed 


        the petition.


            ``(2) Definition.--For purposes of paragraph (1), 


        the term `professional athlete' means an individual who 


        is employed as an athlete by--


                    ``(A) a team that is a member of an 


                association of 6 or more professional sports 


                teams whose total combined revenues exceed 


                $10,000,000 per year, if the association 


                governs the conduct of its members and 


                regulates the contests and exhibitions in which 


                its member teams regularly engage; or


                    ``(B) any minor league team that is 


                affiliated with such an association.''.





SEC. 625. FOREIGN STUDENTS.





    (a) Limitations.--


            (1) In general.--Section 214 (8 U.S.C. 1184) is 


        amended by adding at the end the following new 


        subsection:


    ``(l)(1) An alien may not be accorded status as a 


nonimmigrant under section 101(a)(15)(F)(i) in order to pursue 


a course of study--


            ``(A) at a public elementary school or in a 


        publicly funded adult education program; or


            ``(B) at a public secondary school unless--


                    ``(i) the aggregate period of such status 


                at such a school does not exceed 12 months with 


                respect to any alien, and (ii) the alien 


                demonstrates that the alien has reimbursed the 


                local educational agency that administers the 


                school for the full, unsubsidized per capita 


                cost of providing education at such school for 


                the period of the alien's attendance.


    ``(2) An alien who obtains the status of a nonimmigrant 


under section 101(a)(15)(F)(i) in order to pursue a course of 


study at a private elementary or secondary school or in a 


language training program that is not publicly funded shall be 


considered to have violated such status, and the alien's visa 


under section 101(a)(15)(F) shall be void, if the alien 


terminates or abandons such course of study at such a school 


and undertakes a course of study at a public elementary school, 


in a publicly funded adult education program, in a publicly 


funded adult education language training program, or at a 


public secondary school (unless the requirements of paragraph 


(1)(B) are met).''.


            (2) Conforming amendment.--Section 101(a)(15)(F) (8 


        U.S.C. 1101(a)(15)(F)) is amended by inserting 


        ``consistent with section 214(l)'' after ``such a 


        course of study''.


    (b) Reference to New Ground of Exclusion for Student Visa 


Abusers.--For addition of ground of inadmissibility for certain 


nonimmigrant student abusers, see section 347.


    (c) Effective Date.--The amendments made by subsection (a) 


shall apply to individuals who obtain the status of a 


nonimmigrant under section 101(a)(15)(F) of the Immigration and 


Nationality Act after the end of the 60-day period beginning on 


the date of the enactment of this Act, including aliens whose 


status as such a nonimmigrant is extended after the end of such 


period.





SEC. 626. SERVICES TO FAMILY MEMBERS OF CERTAIN OFFICERS AND AGENTS 


                    KILLED IN THE LINE OF DUTY.





    (a) In General.--Title II, as amended by section 205(a), is 


amended by adding at the end the following new section:








 ``transportation of remains of immigration officers and border patrol 


                   agents killed in the line of duty








    ``Sec. 295. (a) In General.--To the extent provided in 


appropriation Acts, when an immigration officer or border 


patrol agent is killed in the line of duty, the Attorney 


General may pay from appropriations available for the activity 


in which the officer or agent was engaged--


            ``(1) the actual and necessary expenses of 


        transportation of the remains of the officer or agent 


        to a place of burial located in any State, American 


        Samoa, the Commonwealth of the Northern Mariana 


        Islands, the Republic of the Marshall Islands, the 


        Federated States of Micronesia, or the Republic of 


        Palau;


            ``(2) travel expenses, including per diem in lieu 


        of subsistence, of the decedent's spouse and minor 


        children to and from such site at rates not greater 


        than those established for official government travel 


        under subchapter I of chapter 57 of title 5, United 


        States Code; and


            ``(3) any other memorial service authorized by the 


        Attorney General.


    ``(b) Prepayment.--The Attorney General may prepay any 


expense authorized to be paid under this section.''.


    (b) Clerical Amendment.--The table of contents, as amended 


by section 205(b), is amended by inserting after the item 


relating to section 294 the following new item:





``Sec. 295.  Transportation of remains of immigration officers and 


          border patrol agents killed in the line of duty.''.





    Subtitle C--Provisions Relating to Visa Processing and Consular 


                               Efficiency





SEC. 631. VALIDITY OF PERIOD OF VISAS.





    (a) Extension of Validity of Immigrant Visas to 6 Months.--


Section 221(c) (8 U.S.C. 1201(c)) is amended by striking ``four 


months'' and inserting ``six months''.


    (b) Authorizing Application of Reciprocity Rule for 


Nonimmigrant Visa in Case of Refugees and Permanent 


Residents.--Such section is further amended by inserting before 


the period at the end of the third sentence the following: ``; 


except that in the case of aliens who are nationals of a 


foreign country and who either are granted refugee status and 


firmly resettled in another foreign country or are granted 


permanent residence and residing in another foreign country, 


the Secretary of State may prescribe the period of validity of 


such a visa based upon the treatment granted by that other 


foreign country to alien refugees and permanent residents, 


respectively, in the United States''.





SEC. 632. ELIMINATION OF CONSULATE SHOPPING FOR VISA OVERSTAYS.





    (a) In General.--Section 222 (8 U.S.C. 1202) is amended by 


adding at the end the following:


    ``(g)(1) In the case of an alien who has been admitted on 


the basis of a nonimmigrant visa and remained in the United 


States beyond the period of stay authorized by the Attorney 


General, such visa shall be void beginning after the conclusion 


of such period of stay.


    ``(2) An alien described in paragraph (1) shall be 


ineligible to be readmitted to the United States as a 


nonimmigrant, except--


            ``(A) on the basis of a visa (other than the visa 


        described in paragraph (1)) issued in a consular office 


        located in the country of the alien's nationality (or, 


        if there is no office in such country, in such other 


        consular office as the Secretary of State shall 


        specify); or


            ``(B) where extraordinary circumstances are found 


        by the Secretary of State to exist.''.


    (b) Applicability.--


            (1) Visas.--Section 222(g)(1) of the Immigration 


        and Nationality Act, as added by subsection (a), shall 


        apply to a visa issued before, on, or after the date of 


        the enactment of this Act.


            (2) Aliens seeking readmission.--Section 222(g)(2) 


        of the Immigration and Nationality Act, as added by 


        subsection (a), shall apply to any alien applying for 


        readmission to the United States after the date of the 


        enactment of this Act, except an alien applying for 


        readmission on the basis on a visa that--


                    (A) was issued before such date; and


                    (B) is not void through the application of 


                section 222(g)(1) of the Immigration and 


                Nationality Act, as added by subsection (a).





SEC. 633. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.





    Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amended--


            (1) by inserting ``(A)'' after 


        ``Nondiscrimination.--''; and


            (2) by adding at the end the following:


            ``(B) Nothing in this paragraph shall be construed 


        to limit the authority of the Secretary of State to 


        determine the procedures for the processing of 


        immigrant visa applications or the locations where such 


        applications will be processed.''.





SEC. 634. CHANGES REGARDING VISA APPLICATION PROCESS.





    (a) Nonimmigrant Applications.--Section 222(c) (8 U.S.C. 


1202(c)) is amended--


            (1) by striking ``personal description'' through 


        ``marks of identification);'';


            (2) by striking ``applicant'' and inserting 


        ``applicant, the determination of his eligibility for a 


        nonimmigrant visa,''; and


            (3) by adding at the end the following: ``At the 


        discretion of the Secretary of State, application forms 


        for the various classes of nonimmigrant admissions 


        described in section 101(a)(15) may vary according to 


        the class of visa being requested.''.


    (b) Disposition of Applications.--Section 222(e) (8 U.S.C. 


1202(e)) is amended--


            (1) in the first sentence, by striking ``required 


        by this section'' and inserting ``for an immigrant 


        visa''; and


            (2) in the fourth sentence--


                    (A) by striking ``stamp'' and inserting 


                ``stamp, or other'';


                    (B) by striking ``by the consular 


                officer''.





SEC. 635. VISA WAIVER PROGRAM.





    (a) Elimination of Joint Action Requirement.--Section 217 


(8 U.S.C. 1187) is amended--


            (1) in subsection (a), by striking ``Attorney 


        General and the Secretary of State, acting jointly'' 


        and inserting ``Attorney General, in consultation with 


        the Secretary of State'';


            (2) in subsection (c)(1), by striking ``Attorney 


        General and the Secretary of State acting jointly'' and 


        inserting ``Attorney General, in consultation with the 


        Secretary of State,''; and


            (3) in subsection (d), by striking ``Attorney 


        General and the Secretary of State, acting jointly,'' 


        and inserting ``Attorney General, in consultation with 


        the Secretary of State,''.


    (b) Extension of Program.--Section 217(f) (8 U.S.C. 


1187(f)) is amended by striking ``1996'' and inserting 


``1997.''.


    (c) Duration and Termination of Designation of Pilot 


Program Countries.--


            (1) In general.--Section 217(g) (8 U.S.C. 1187(g)) 


        is amended to read as follows:


    ``(g) Duration and Termination of Designation.--


            ``(1) In general.--


                    ``(A) Determination and notification of 


                disqualification rate.--Upon determination by 


                the Attorney General that a pilot program 


                country's disqualification rate is 2 percent or 


                more, the Attorney General shall notify the 


                Secretary of State.


                    ``(B) Probationary status.--If the program 


                country's disqualification rate is greater than 


                2 percent but less than 3.5 percent, the 


                Attorney General shall place the program 


                country in probationary status for a period not 


                to exceed 2 full fiscal years following the 


                year in which the determination under 


                subparagraph (A) is made.


                    ``(C) Termination of designation.--Subject 


                to paragraph (3), if the program country's 


                disqualification rate is 3.5 percent or more, 


                the Attorney General shall terminate the 


                country's designation as a pilot program 


                country effective at the beginning of the 


                second fiscal year following the fiscal year in 


                which the determination under subparagraph (A) 


                is made.


            ``(2) Termination of probationary status.--


                    ``(A) In general.--If the Attorney General 


                determines at the end of the probationary 


                period described in paragraph (1)(B) that the 


                program country placed in probationary status 


                under such paragraph has failed to develop a 


                machine-readable passport program as required 


                by section (c)(2)(C), or has a disqualification 


                rate of 2 percent or more, the Attorney General 


                shall terminate the designation of the country 


                as a pilot program country. If the Attorney 


                General determines that the program country has 


                developed a machine-readable passport program 


                and has a disqualification rate of less than 2 


                percent, the Attorney General shall redesignate 


                the country as a pilot program country.


                    ``(B) Effective date.--A termination of the 


                designation of a country under subparagraph (A) 


                shall take


effect on the first day of the first fiscal year following the 


fiscal year in which the determination under such subparagraph 


is made. Until such date, nationals of the country shall remain 


eligible for a waiver under subsection (a).


            ``(3) Nonapplicability of certain provisions.--


        Paragraph (1)(C) shall not apply unless the total 


        number of nationals of a pilot program country 


        described in paragraph (4)(A) exceeds 100.


            ``(4) Definition.--For purposes of this subsection, 


        the term `disqualification rate' means the percentage 


        which--


                    ``(A) the total number of nationals of the 


                pilot program country who were--


                            ``(i) excluded from admission or 


                        withdrew their application for 


                        admission during the most recent fiscal 


                        year for which data are available; and


                            ``(ii) admitted as nonimmigrant 


                        visitors during such fiscal year and 


                        who violated the terms of such 


                        admission; bears to


                    ``(B) the total number of nationals of such 


                country who applied for admission as 


                nonimmigrant visitors during such fiscal 


                year.''.


            (2) Transition.--A country designated as a pilot 


        program country with probationary status under section 


        217(g) of the Immigration and Nationality Act (as in 


        effect on the day before the date of the enactment of 


        this Act) shall be considered to be designated as a 


        pilot program country on and after such date, subject 


        to placement in probationary status or termination of 


        such designation under such section (as amended by 


        paragraph (1)).


            (3) Conforming amendment.--Section 217(a)(2)(B) (8 


        U.S.C. 1187(a)(2)(B)) is amended by striking ``or is'' 


        through ``subsection (g).'' and inserting a period.





SEC. 636. FEE FOR DIVERSITY IMMIGRANT LOTTERY.





    The Secretary of State may establish a fee to be paid by 


each applicant for an immigrant visa described in section 


203(c) of the Immigration and Nationality Act. Such fee may be 


set at a level that will ensure recovery of the cost to the 


Department of State of allocating visas under such section, 


including the cost of processing all applications thereunder. 


All fees collected under this section shall be used for 


providing consular services. All fees collected under this 


section shall be deposited as an offsetting collection to any 


Department of State appropriation and shall remain available 


for obligations until expended. The provisions of the Act of 


August 18, 1856 (11 Stat. 58; 22 U.S.C. 4212-4214), concerning 


accounting for consular fees, shall not apply to fees collected 


under this section.





SEC. 637. ELIGIBILITY FOR VISAS FOR CERTAIN POLISH APPLICANTS FOR THE 


                    1995 DIVERSITY IMMIGRANT PROGRAM.





    (a) In General.--The Attorney General, in consultation with 


the Secretary of State, shall include among the aliens selected 


for diversity immigrant visas for fiscal year 1997 pursuant to 


section 203(c) of the Immigration and Nationality Act any alien 


who, on or before September 30, 1995--


            (1) was selected as a diversity immigrant under 


        such section for fiscal year 1995;


            (2) applied for adjustment of status to that of an 


        alien lawfully admitted for permanent residence 


        pursuant to section 245 of such Act during fiscal year 


        1995, and whose application, and any associated fees, 


        were accepted by the Attorney General, in accordance 


        with applicable regulations;


            (3) was not determined by the Attorney General to 


        be excludable under section 212 of such Act or 


        ineligible under section 203(c)(2) of such Act; and


            (4) did not become an alien lawfully admitted for 


        permanent residence during fiscal year 1995.


    (b) Priority.--The aliens selected under subsection (a) 


shall be considered to have been selected for diversity 


immigrant visas for fiscal year 1997 prior to any alien 


selected under any other provision of law.


    (c) Reduction of Immigrant Visa Number.--For purposes of 


applying the numerical limitations in sections 201 and 203(c) 


of the Immigration and Nationality Act, aliens selected under 


subsection (a) who are granted an immigrant visa shall be 


treated as aliens granted a visa under section 203(c) of such 


Act.





                      Subtitle D--Other Provisions





SEC. 641. PROGRAM TO COLLECT INFORMATION RELATING TO NONIMMIGRANT 


                    FOREIGN STUDENTS AND OTHER EXCHANGE PROGRAM 


                    PARTICIPANTS.


    (a) In General.--


            (1) Program.--The Attorney General, in consultation 


        with the Secretary of State and the Secretary of 


        Education, shall develop and conduct a program to 


        collect from approved institutions of higher education 


        and designated exchange visitor programs in the United 


        States the information described in subsection (c) with 


        respect to aliens who--


                    (A) have the status, or are applying for 


                the status, of nonimmigrants under subparagraph 


                (F), (J), or (M) of section 101(a)(15) of the 


                Immigration and Nationality Act; and


                    (B) are nationals of the countries 


                designated under subsection (b).


            (2) Deadline.--The program shall commence not later 


        than January 1, 1998.


    (b) Covered Countries.--The Attorney General, in 


consultation with the Secretary of State, shall designate 


countries for purposes of subsection (a)(1)(B). The Attorney 


General shall initially designate not less than 5 countries and 


may designate additional countries at any time while the 


program is being conducted.


    (c) Information to be Collected.--


            (1) In general.--The information for collection 


        under subsection (a) with respect to an alien consists 


        of--


                    (A) the identity and current address in the 


                United States of the alien;


                    (B) the nonimmigrant classification of the 


                alien and the date on which a visa under the 


                classification was issued or extended or the 


                date on which a change to such classification 


                was approved by the Attorney General;


                    (C) in the case of a student at an approved 


                institution of higher education, the current 


                academic status of the alien, including whether 


                the alien is maintaining status as a full-time 


                student or, in the case of a participant in a 


                designated exchange visitor program, whether 


                the alien is satisfying the terms and 


                conditions of such program; and


                    (D) in the case of a student at an approved 


                institution of higher education, any 


                disciplinary action taken by the institution 


                against the alien as a result of the alien's 


                being convicted of a crime or, in the case of a 


                participant in a designated exchange visitor 


                program, any change in the alien's 


                participation as a result of the alien's being 


                convicted of a crime.


            (2) FERPA.--The Family Educational Rights and 


        Privacy Act of 1974 shall not apply to aliens described 


        in subsection (a) to the extent that the Attorney 


        General determines necessary to carry out the program 


        under subsection (a).


            (3) Electronic collection.--The information 


        described in paragraph (1) shall be collected 


        electronically, where practicable.


            (4) Computer software.--


                    (A) Collecting institutions.--To the extent 


                practicable, the Attorney General shall design 


                the program in a manner that permits approved 


                institutions of higher education and designated 


                exchange visitor programs to use existing 


                software for the collection, storage, and data 


                processing of information described in 


                paragraph (1).


                    (B) Attorney general.--To the extent 


                practicable, the Attorney General shall use or 


                enhance existing software for the collection, 


                storage, and data processing of information 


                described in paragraph (1).


    (d) Participation by Institutions of Higher Education and 


Exchange Visitor Programs.--


            (1) Condition.--The information described in 


        subsection (c) shall be provided by as a condition of--


            (A) in the case of an approved institution of 


        higher education, the continued approval of the 


        institution under subparagraph (F) or (M) of section 


        101(a)(15) of the Immigration and Nationality Act; and


            (B) in the case of an approved institution of 


        higher education or a designated exchange visitor 


        program, the granting of authority to issue documents 


        to an alien demonstrating the alien's eligibility for a 


        visa under subparagraph (F), (J), or (M) of section 


        101(a)(15) of such Act.


            (2) Effect of failure to provide information.--If 


        an approved institution of higher education or a 


        designated exchange visitor program fails to provide 


        the specified information, such approvals and such 


        issuance of visas shall be revoked or denied.


    (e) Funding.--


            (1) In general.--Beginning on April 1, 1997, an 


        approved institution of higher education and a 


        designated exchange visitor program shall impose on, 


        and collect from, each alien described in paragraph 


        (3), with respect to whom the institution or program is 


        required by subsection (a) to collect information, a 


        fee established by the Attorney General under paragraph 


        (4) at the time--


                    (A) when the alien first registers with the 


                institution or program after entering the 


                United States; or


                    (B) in a case where a registration under 


                subparagraph (A) does not exist, when the alien 


                first commences activities in the United States 


                with the institution or program.


            (2) Remittance.--An approved institution of higher 


        education and a designated exchange visitor program 


        shall remit the fees collected under paragraph (1) to 


        the Attorney General pursuant to a schedule established 


        by the Attorney General.


            (3) Aliens described.--An alien referred to in 


        paragraph (1) is an alien who has nonimmigrant status 


        under subparagraph (F), (J), or (M) of section 


        101(a)(15) of the Immigration and Nationality Act 


        (other than a nonimmigrant under section 101(a)(15)(J) 


        of such Act who has come to the United States as a 


        participant in a program sponsored by the Federal 


        Government).


            (4) Amount and use of fees.--


                    (A) Establishment of amount.--The Attorney 


                General shall establish the amount of the fee 


                to be imposed on, and collected from, an alien 


                under paragraph (1). Except as provided in 


                subsection (g)(2), the fee imposed on any 


                individual may not exceed $100. The amount of 


                the fee shall be based on the Attorney 


                General's estimate of the cost per alien of 


                conducting the information collection program 


                described in this section.


                    (B) Use.--Fees collected under paragraph 


                (1) shall be deposited as offsetting receipts 


                into the Immigration Examinations Fee Account 


                (established under section 286(m) of the 


                Immigration and Nationality Act) and shall 


                remain available until expended for the 


                Attorney General to reimburse any appropriation 


                the amount paid out of which is for expenses in 


                carrying out this section.


    (f) Joint Report.--Not later than 4 years after the 


commencement of the program established under subsection (a), 


the Attorney General, the Secretary of State, and the Secretary 


of Education shall jointly submit to the Committees on the 


Judiciary of the Senate and the House of Representatives a 


report on the operations of the program and the feasibility of 


expanding the program to cover the nationals of all countries.


    (g) Worldwide Applicability of the Program.--


            (1) Expansion of program.--


                    (A) In general.--Not later than 6 months 


                after the submission of the report required by 


                subsection (f), the Attorney General, in 


                consultation with the Secretary of State and 


                the Secretary of Education, shall commence 


                expansion of the program to cover the nationals 


                of all countries.


                    (B) Deadline.--Such expansion shall be 


                completed not later than 1 year after the date 


                of the submission of the report referred to in 


                subsection (f).


            (2) Revision of fee.--After the program has been 


        expanded, as provided in paragraph (1), the Attorney 


        General may, on a periodic basis, revise the amount of 


        the fee imposed and collected under subsection (e) in 


        order to take into account changes in the cost of 


        carrying out the program.


    (h) Definitions.--As used in this section:


            (1) Approved institution of higher education.--The 


        term ``approved institution of higher education'' means 


        a college or university approved by the Attorney 


        General, in consultation with the Secretary of 


        Education, under subparagraph (F), (J), or (M) of 


        section 101(a)(15) of the Immigration and Nationality 


        Act.


            (2) Designated exchange visitor program.--The term 


        ``designated exchange visitor program'' means a program 


        that has been--


                    (A) designated by the Director of the 


                United States Information Agency for purposes 


                of section 101(a)(15)(J) of the Immigration and 


                Nationality Act; and


                    (B) selected by the Attorney General for 


                purposes of the program under this section.





SEC. 642. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE
IMMIGRATION 


                    AND NATURALIZATION SERVICE.





    (a) In General.--Notwithstanding any other provision of 


Federal, State, or local law, a Federal, State, or local 


government entity or official may not prohibit, or in any way 


restrict, any government entity or official from sending to, or 


receiving from, the Immigration and Naturalization Service 


information regarding the citizenship or immigration status, 


lawful or unlawful, of any individual.


    (b) Additional Authority of Government Entities.--


Notwithstanding any other provision of Federal, State, or local 


law, no person or agency may prohibit, or in any way restrict, 


a Federal, State, or local government entity from doing any of 


the following with respect to information regarding the 


immigration status, lawful or unlawful, of any individual:


            (1) Sending such information to, or requesting or 


        receiving such information from, the Immigration and 


        Naturalization Service.


            (2) Maintaining such information.


            (3) Exchanging such information with any other 


        Federal, State, or local government entity.


    (c) Obligation to Respond to Inquiries.--The Immigration 


and Naturalization Service shall respond to an inquiry by a 


Federal, State, or local government agency, seeking to verify 


or ascertain the citizenship or immigration status of any 


individual within the jurisdiction of the agency for any 


purpose authorized by law, by providing the requested 


verification or status information.





SEC. 643. REGULATIONS REGARDING HABITUAL RESIDENCE.





    Not later than 6 months after the date of the enactment of 


this Act, the Commissioner of Immigration and Naturalization 


shall issue regulations governing rights of ``habitual 


residence'' in the United States under the terms of the 


following:


            (1) The Compact of Free Association between the 


        Government of the United States and the Governments of 


        the Marshall Islands and the Federated States of 


        Micronesia (48 U.S.C. 1901 note).


            (2) The Compact of Free Association between the 


        Government of the United States and the Government of 


        Palau (48 U.S.C. 1931 note).





SEC. 644. INFORMATION REGARDING FEMALE GENITAL MUTILATION.





    (a) Provision of Information Regarding Female Genital 


Mutilation.--The Immigration and Naturalization Service (in 


cooperation with the Department of State) shall make available 


for all aliens who are issued immigrant or nonimmigrant visas, 


prior to or at the time of entry into the United States, the 


following information:


            (1) Information on the severe harm to physical and 


        psychological health caused by female genital 


        mutilation which is compiled and presented in a manner 


        which is limited to the practice itself and respectful 


        to the cultural values of the societies in which such 


        practice takes place.


            (2) Information concerning potential legal 


        consequences in the United States for (A) performing 


        female genital mutilation, or (B) allowing a child 


        under his or her care to be subjected to female genital 


        mutilation, under criminal or child protection statutes 


        or as a form of child abuse.


    (b) Limitation.--In consultation with the Secretary of 


State, the Commissioner of Immigration and Naturalization shall 


identify those countries in which female genital mutilation is 


commonly practiced and, to the extent practicable, limit the 


provision of information under subsection (a) to aliens from 


such countries.


    (c) Definition.--For purposes of this section, the term 


``female genital mutilation'' means the removal or infibulation 


(or both) of the whole or part of the clitoris, the labia 


minora, or labia majora.





SEC. 645. CRIMINALIZATION OF FEMALE GENITAL MUTILATION.





    (a) Findings.--The Congress finds that--


            (1) the practice of female genital mutilation is 


        carried out by members of certain cultural and 


        religious groups within the United States;


            (2) the practice of female genital mutilation often 


        results in the occurrence of physical and psychological 


        health effects that harm the women involved;


            (3) such mutilation infringes upon the guarantees 


        of rights secured by Federal and State law, both 


        statutory and constitutional;


            (4) the unique circumstances surrounding the 


        practice of female genital mutilation place it beyond 


        the ability of any single State or local jurisdiction 


        to control;


            (5) the practice of female genital mutilation can 


        be prohibited without abridging the exercise of any 


        rights guaranteed under the first amendment to the 


        Constitution or under any other law; and


            (6) Congress has the affirmative power under 


        section 8 of article I, the necessary and proper 


        clause, section 5 of the fourteenth amendment, as well 


        as under the treaty clause, to the Constitution to 


        enact such legislation.


    (b) Crime.--


            (1) In general.--Chapter 7 of title 18, United 


        States Code, is amended by adding at the end the 


        following:





``Sec. 116. Female genital mutilation





    ``(a) Except as provided in subsection (b), whoever 


knowingly circumcises, excises, or infibulates the whole or any 


part of the labia majora or labia minora or clitoris of another 


person who has not attained the age of 18 years shall be fined 


under this title or imprisoned not more than 5 years, or both.


    ``(b) A surgical operation is not a violation of this 


section if the operation is--


            ``(1) necessary to the health of the person on whom 


        it is performed, and is performed by a person licensed 


        in the place of its performance as a medical 


        practitioner; or


            ``(2) performed on a person in labor or who has 


        just given birth and is performed for medical purposes 


        connected with that labor or birth by a person licensed 


        in the place it is performed as a medical practitioner, 


        midwife, or person in training to become such a 


        practitioner or midwife.


    ``(c) In applying subsection (b)(1), no account shall be 


taken of the effect on the person on whom the operation is to 


be performed of any belief on the part of that person, or any 


other person, that the operation is required as a matter of 


custom or ritual.''.


            (2) Conforming amendment.--The table of sections at 


        the beginning of chapter 7 of title 18, United States 


        Code, is amended by adding at the end the following new 


        item:





``116. Female genital mutilation.''.





    (c) Effective Date.--The amendments made by subsection (b) 


shall take effect on the date that is 180 days after the date 


of the enactment of this Act.





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


                    PAROLEES.





    (a) In General.--The Attorney General shall adjust the 


status of an alien described in subsection (b) to that of an 


alien lawfully admitted for permanent residence if the alien--


            (1) applies for such adjustment;


            (2) has been physically present in the United 


        States for at least 1 year and is physically present in 


        the United States on the date the application for such 


        adjustment is filed;


            (3) is admissible to the United States as an 


        immigrant, except as provided in subsection (c); and


            (4) pays a fee (determined by the Attorney General) 


        for the processing of such application.


    (b) Aliens Eligible for Adjustment of Status.--The benefits 


provided in subsection (a) shall only apply to an alien who--


            (1) was a national of Poland or Hungary; and


            (2) was inspected and granted parole into the 


        United States during the period beginning on November 


        1, 1989, and ending on December 31, 1991, after being 


        denied refugee status.


    (c) Waiver of Certain Grounds for Inadmissibility.--The 


provisions of paragraphs (4), (5), and (7)(A) of section 212(a) 


of the Immigration and Nationality Act shall not apply to 


adjustment of status under this section and the Attorney 


General may waive any other provision of such section (other 


than paragraph (2)(C) and subparagraphs (A), (B), (C), or (E) 


of paragraph (3)) with respect to such an adjustment for 


humanitarian purposes, to assure family unity, or when it is 


otherwise in the public interest.


    (d) Date of Approval.--Upon the approval of such an 


application for adjustment of status, the Attorney General 


shall create a record of the alien's admission as an alien 


lawfully admitted for permanent residence as of the date of the 


alien's inspection and parole described in subsection (b)(2).


    (e) No Offset in Number of Visas Available.--When an alien 


is granted the status of having been lawfully admitted for 


permanent residence under this section, the Secretary of State 


shall not be required to reduce the number of immigrant visas 


authorized to be issued under the Immigration and Nationality 


Act.





SEC. 647. SUPPORT OF DEMONSTRATION PROJECTS.





    (a) In General.--The Attorney General shall make available 


funds under this section, in each of fiscal years 1997 through 


2001, to the Commissioner of Immigration and Naturalization or 


to other public or private nonprofit entities to support 


demonstration projects under this section at 10 sites 


throughout the United States. Each such project shall be 


designed to provide for the administration of the oath of 


allegiance under section 337(a) of the Immigration and 


Nationality Act on a business day around Independence Day to 


approximately 500 people whose application for naturalization 


has been approved. Each project shall provide for appropriate 


outreach and ceremonial and celebratory activities.


    (b) Selection of Sites.--The Attorney General shall, in the 


Attorney General's discretion, select diverse locations for 


sites on the basis of the number of naturalization applicants 


living in proximity to each site and the degree of local 


community participation and support in the project to be held 


at the site. Not more than 2 sites may be located in the same 


State. The Attorney General shall consider changing the sites 


selected from year to year.


    (c) Amounts Available; Use of Funds.--


            (1) Amount.--The amount made available under this 


        section with respect to any single site for a year 


        shall not exceed $5,000.


            (2) Use.--Funds made available under this section 


        may be used only to cover expenses incurred in carrying 


        out oath administration ceremonies at the demonstration 


        sites under subsection (a), including expenses for--


                    (A) cost of personnel of the Immigration 


                and Naturalization Service (including travel 


                and overtime expenses);


                    (B) rental of space; and


                    (C) costs of printing appropriate brochures 


                and other information about the ceremonies.


            (3) Availability of funds.--Funds that are 


        otherwise available to the Immigration and 


        Naturalization Service to carry out naturalization 


        activities shall be available, to the extent provided 


        in appropriation Acts, to carry out this section.


    (d) Application.--In the case of an entity other than the 


Immigration and Naturalization Service seeking to conduct a 


demonstration project under this section, no amounts may be 


made available to the entity under this section unless an 


appropriate application has been made to, and approved by, the 


Attorney General, in a form and manner specified by the 


Attorney General.





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


                    REQUIREMENTS REGARDING NOTICE.





    (a) Purchase of American-Made Equipment and Products.--It 


is the sense of the Congress that, to the greatest extent 


practicable, all equipment and products purchased with funds 


made available under this Act should be American-made.


    (b) Notice to Recipients of Grants.--In providing grants 


under this Act, the Attorney General, to the greatest extent 


practicable, shall provide to each recipient of a grant a 


notice describing the statement made in subsection (a) by the 


Congress.





SEC. 649. VESSEL MOVEMENT CONTROLS DURING IMMIGRATION EMERGENCY.





    Section 1 of the Act of June 15, 1917 (50 U.S.C. 191) is 


amended in the first sentence by inserting ``or whenever the 


Attorney General determines that an actual or anticipated mass 


migration of aliens en route to, or arriving off the coast of, 


the United States presents urgent circumstances requiring an 


immediate Federal response,'' after ``United States,'' the 


first place such term appears.





SEC. 650. REVIEW OF PRACTICES OF TESTING ENTITIES.





    (a) In General.--The Attorney General shall investigate, 


and submit a report to the Committees on the Judiciary of the 


House of Representatives and of the Senate regarding, the 


practices of entities authorized to administer standardized 


citizenship tests pursuant to section 312.3(a) of title 8, Code 


of Federal Regulations. The report shall include any findings 


of fraudulent practices by such entities.


    (b) Preliminary and Final Reports.--Not later than 90 days 


after the date of the enactment of this Act, the Attorney 


General shall submit to the Committees on the Judiciary of the 


House of Representatives and of the Senate a preliminary report 


on the investigation conducted under subsection (a). The 


Attorney General shall submit to such Committees a final report 


on such investigation not later than 275 days after the 


submission of the preliminary report.





SEC. 651. DESIGNATION OF A UNITED STATES CUSTOMS ADMINISTRATIVE 


                    BUILDING.





    (a) Designation.--The United States Customs Administrative 


Building at the Ysleta/Zaragosa Port of Entry located at 797 


South Zaragosa Road in El Paso, Texas, is designated as the 


``Timothy C. McCaghren Customs Administrative Building''.


    (b) Legal References.--Any reference in any law, 


regulation, document, record, map, or other paper of the United 


States to the building referred to in subsection (a) is deemed 


to be a reference to the ``Timothy C. McCaghren Customs 


Administrative Building''.





SEC. 652. MAIL-ORDER BRIDE BUSINESS.





    (a) Findings.--The Congress finds as follows:


            (1) There is a substantial ``mail-order bride'' 


        business in the United States. With approximately 200 


        companies in the United States, an estimated 2,000 to 


        3,500 men in the United States find wives through mail-


        order bride catalogs each year. However, there are no 


        official statistics available on the number of mail-


        order brides entering the United States each year.


            (2) The companies engaged in the mail-order bride 


        business earn substantial profits.


            (3) Although many of these mail-order marriages 


        work out, in many other cases, anecdotal evidence 


        suggests that mail-order brides find themselves in 


        abusive relationships. There is also evidence to 


        suggest that a substantial number of mail-order 


        marriages are fraudulent under United States law.


            (4) Many mail-order brides come to the United 


        States unaware or ignorant of United States immigration 


        law. Mail-order brides who are battered often think 


        that if they flee an abusive marriage, they will be 


        deported. Often the citizen spouse threatens to have 


        them deported if they report the abuse.


            (5) The Immigration and Naturalization Service 


        estimates that the rate of marriage fraud between 


        foreign nationals and United States citizens or aliens 


        lawfully admitted for permanent residence is 8 percent. 


        It is unclear what percentage of these marriage fraud 


        cases originate as mail-order marriages.


    (b) Information Dissemination.--


            (1) Requirement.--Each international matchmaking 


        organization doing business in the United States shall 


        disseminate to recruits, upon recruitment, such 


        immigration and naturalization information as the 


        Immigration and Naturalization Service deems 


        appropriate, in the recruit's native language, 


        including information regarding conditional permanent 


        residence status and the battered spouse waiver under 


        such status, permanent resident status, marriage fraud 


        penalties, the unregulated nature of the business 


        engaged in by such organizations, and the study 


        required under subsection (c).


            (2) Civil penalty.--


                    (A) Violation.--Any international 


                matchmaking organization that the Attorney 


                General determines has violated subsection (b) 


                shall be subject, in addition to any other 


                penalties that may be prescribed by law, to a 


                civil money penalty of not more than $20,000 


                for each such violation.


                    (B) Procedures for imposition of penalty.--


                Any penalty under subparagraph (A) may be 


                imposed only after notice and opportunity for 


                an agency hearing on the record in accordance 


                with sections 554 through 557 of title 5, 


                United States Code.


    (c) Study.--The Attorney General, in consultation with the 


Commissioner of Immigration and Naturalization and the Director 


of the Violence Against Women Initiative of the Department of 


Justice, shall conduct a study of mail-order marriages to 


determine, among other things--


            (1) the number of such marriages;


            (2) the extent of marriage fraud in such marriages, 


        including an estimate of the extent of marriage fraud 


        arising from the services provided by international 


        matchmaking organizations;


            (3) the extent to which mail-order spouses utilize 


        section 244(a)(3) of the Immigration and Nationality 


        Act (providing for suspension of deportation in certain 


        cases involving abuse), or section 204(a)(1)(A)(iii) of 


        such Act (providing for certain aliens who have been 


        abused to file a classification petition on their own 


        behalf);


            (4) the extent of domestic abuse in mail-order 


        marriages; and


            (5) the need for continued or expanded regulation 


        and education to implement the objectives of the 


        Violence Against Women Act of 1994 and the Immigration 


        Marriage Fraud Amendments of 1986 with respect to mail-


        order marriages.


    (d) Report.--Not later than 1 year after the date of the 


enactment of this Act, the Attorney General shall submit a 


report to the Committees on the Judiciary of the House of 


Representatives and of the Senate setting forth the results of 


the study conducted under subsection (c).


    (e) Definitions.--As used in this section:


            (1) International matchmaking organization.--


                    (A) In general.--The term ``international 


                matchmaking organization'' means a corporation, 


                partnership, business, or other legal entity, 


                whether or not organized under the laws of the 


                United States or any State, that does business 


                in the United States and for profit offers to 


                United States citizens or aliens lawfully 


                admitted for permanent residence, dating, 


                matrimonial, or social referral services to 


                nonresident noncitizens, by--


                            (i) an exchange of names, telephone 


                        numbers, addresses, or statistics;


                            (ii) selection of photographs; or


                            (iii) a social environment provided 


                        by the organization in a country other 


                        than the United States.


                    (B) Exception.--Such term does not include 


                a traditional matchmaking organization of a 


                religious nature that otherwise operates in 


                compliance with the laws of the countries of 


                the recruits of such organization and the laws 


                of the United States.


            (2) Recruit.--The term ``recruit'' means a 


        noncitizen, nonresident person, recruited by the 


        international matchmaking organization for the purpose 


        of providing dating, matrimonial, or social referral 


        services to United States citizens or aliens lawfully 


        admitted for permanent residence.





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





    (a) Sense of the Congress.--It is the sense of the Congress 


that the H2-A nonimmigrant worker program should be reviewed 


and may need improvement in order to meet the need of producers 


of labor-intensive agricultural commodities and livestock in 


the United States for an adequate workforce.


    (b) Review.--The Comptroller General shall review the 


effectiveness of the H-2A nonimmigrant worker program to ensure 


that the program provides a sufficient supply of agricultural 


labor in the event of future shortages of domestic workers 


after the enactment of this Act. Among other things, the 


Comptroller General shall review the H-2A nonimmigrant worker 


program to determine--


            (1) whether the program ensures that an adequate 


        supply of qualified United States workers is available 


        at the time and place needed for employers seeking such 


        workers after the date of enactment of this Act;


            (2) whether the program ensures that there is 


        timely approval of applications for temporary foreign 


        workers under the program in the event of shortages of 


        United States workers after the date of the enactment 


        of this Act;


            (3) whether the program ensures that implementation 


        of the program is not displacing United States 


        agricultural workers or diminishing the terms and 


        conditions of employment of United States agricultural 


        workers;


            (4) if, and to what extent, the program is 


        contributing to the problem of illegal immigration; and


            (5) that the program adequately meets the needs of 


        agricultural employers for all types of temporary 


        foreign agricultural workers, including higher-skilled 


        workers in occupations which require a level of 


        specific vocational preparation of 4 or higher (as 


        described in the 4th edition of the Dictionary of 


        Occupational Title, published by the Department of 


        Labor).


    (c) Report.--Not later than December 31, 1996, or 3 months 


after the date of the enactment of this Act, whichever occurs 


earlier, the Comptroller General shall submit a report to the 


appropriate committees of the Congress setting forth the 


conclusions of the Comptroller General from the review 


conducted under subsection (b).


    (d) Definitions.--As used in this section:


            (1) The term ``Comptroller General'' means the 


        Comptroller General of the United States.


            (2) The term ``H-2A nonimmigrant worker program'' 


        means the program for the admission of nonimmigrant 


        aliens described in section 101(a)(15)(H)(ii)(a) of the 


        Immigration and Nationality Act.





SEC. 654. REPORT ON ALLEGATIONS OF HARASSMENT BY CANADIAN CUSTOMS 


                    AGENTS.





    (a) Study and Review.--


            (1) In general.--Not later than 30 days after the 


        date of the enactment of this Act, the Commissioner of 


        the United States Customs Service shall initiate a 


        study of harassment by Canadian customs agents 


        allegedly undertaken for the purpose of deterring 


        cross-border commercial activity along the United 


        States-New Brunswick border. Such study shall include a 


        review of the possible connection between any incidents 


        of harassment and the discriminatory imposition of the 


        New Brunswick provincial sales tax on goods purchased 


        in the United States by New Brunswick residents, and 


        with any other actions taken by the Canadian provincial 


        governments to deter cross-border commercial 


        activities.


            (2) Consultation.--In conducting the study under 


        paragraph (1), the Commissioner of the United States 


        Customs Service shall consult with representatives of 


        the State of Maine, local governments, local 


        businesses, and any other knowledgeable persons who the 


        Commissioner considers to be important to the 


        completion of the study.


    (b) Report.--Not later than 120 days after the date of the 


enactment of this Act, the Commissioner of the United States 


Customs Service shall submit to the Committees on the Judiciary 


of the House of Representatives and of the Senate a report on 


the study and review conducted under subsection (a). The report 


shall include recommendations for steps that the United States 


Government can take to help end any harassment by Canadian 


customs agents that is found to have occurred.





SEC. 655. SENSE OF CONGRESS ON DISCRIMINATORY APPLICATION OF NEW 


                    BRUNSWICK PROVINCIAL SALES TAX.





    (a) Findings.--The Congress finds as follows:


            (1) In July 1993, Canadian customs officers began 


        collecting an 11 percent New Brunswick provincial sales 


        tax on goods purchased in the United States by New 


        Brunswick residents, an action that has caused severe 


        economic harm to United States businesses located in 


        proximity to the border with New Brunswick.


            (2) This impediment to cross-border trade compounds 


        the damage already done from the Canadian Government's 


        imposition of a 7 percent tax on all goods bought by 


        Canadians in the United States.


            (3) Collection of the New Brunswick provincial 


        sales tax on goods purchased outside of New Brunswick 


        is effected only along the United States-Canadian 


        border, not along New Brunswick's borders with other 


        Canadian provinces; the tax is thus being administered 


        by Canadian authorities in a manner uniquely 


        discriminatory to Canadians shopping in the United 


        States.


            (4) In February 1994, the United States Trade 


        Representative publicly stated an intention to seek 


        redress from the discriminatory application of the New 


        Brunswick provincial sales tax under the dispute 


        resolution process in chapter 20 of the North American 


        Free Trade Agreement (NAFTA), but the United States 


        Government has still not made such a claim under NAFTA 


        procedures.


            (5) Initially, the United States Trade 


        Representative argued that filing a New Brunswick 


        provincial sales tax claim was delayed only because the 


        dispute mechanism under NAFTA had not yet been 


        finalized, but more than a year after such mechanism 


        has been put in place, the claim has still not been put 


        forward by the United States Trade Representative.


    (b) Sense of Congress.--It is the sense of the Congress 


that--


            (1) the provincial sales tax levied by the Canadian 


        province of New Brunswick on Canadian citizens of that 


        province who purchase goods in the United States--


                    (A) raises questions about a possible 


                violation of the North American Free Trade 


                Agreement in the discriminatory application of 


                the tax to cross-border trade with the United 


                States; and


                    (B) damages good relations between the 


                United States and Canada; and


            (2) the United States Trade Representative should 


        move forward without further delay in seeking redress 


        under the dispute resolution process in chapter 20 of 


        the North American Free Trade Agreement for the 


        violation.





SEC. 656. IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS.





    (a) Birth Certificates.--


            (1) Standards for acceptance by Federal agencies.--


                    (A) In general.--


                            (i) General rule.--Subject to 


                        clause (ii), a Federal agency may not 


                        accept for any official purpose a 


                        certificate of birth, unless the 


                        certificate--


                                    (I) is a birth certificate 


                                (as defined in paragraph (3)); 


                                and


                                    (II) conforms to the 


                                standards set forth in the 


                                regulation promulgated under 


                                subparagraph (B).


                            (ii) Applicability.--Clause (i) 


                        shall apply only to a certificate of 


                        birth issued after the day that is 3 


                        years after the date of the 


                        promulgation of a final regulation 


                        under subparagraph (B). Clause (i) 


                        shall not be construed to prevent a 


                        Federal agency from accepting for 


                        official purposes any certificate of 


                        birth issued on or before such day.


                    (B) Regulation.--


                            (i) Consultation with government 


                        agencies.--The President shall select 1 


                        or more Federal agencies to consult 


                        with State vital statistics offices, 


                        and with other appropriate Federal 


                        agencies designated by the President, 


                        for the purpose of developing 


                        appropriate standards for birth 


                        certificates that may be accepted for 


                        official purposes by Federal agencies, 


                        as provided in subparagraph (A).


                            (ii) Selection of lead agency.--Of 


                        the Federal agencies selected under 


                        clause (i), the President shall select 


                        1 agency to promulgate, upon the 


                        conclusion of the consultation 


                        conducted under such clause, a 


                        regulation establishing standards of 


                        the type described in such clause.


                            (iii) Deadline.--The agency 


                        selected under clause (ii) shall 


                        promulgate a final regulation under 


                        such clause not later than the date 


                        that is 1 year after the date of the 


                        enactment of this Act.


                            (iv) Minimum requirements.--The 


                        standards established under this 


                        subparagraph--


                                    (I) at a minimum, shall 


                                require certification of the 


                                birth certificate by the State 


                                or local custodian of record 


                                that issued the certificate, 


                                and shall require the use of 


                                safety paper, the seal of the 


                                issuing custodian of record, 


                                and other features designed to 


                                limit tampering, 


                                counterfeiting, and 


                                photocopying, or otherwise 


                                duplicating, the birth 


                                certificate for fraudulent 


                                purposes;


                                    (II) may not require a 


                                single design to which birth 


                                certificates issued by all 


                                States must conform; and


                                    (III) shall accommodate the 


                                differences between the States 


                                in the manner and form in which 


                                birth records are stored and 


                                birth certificates are produced 


                                from such records.


            (2) Grants to states.--


                    (A) Assistance in meeting federal 


                standards.--


                            (i) In general.--Beginning on the 


                        date a final regulation is promulgated 


                        under paragraph (1)(B), the Secretary 


                        of Health and Human Services, acting 


                        through the Director of the National 


                        Center for Health Statistics and after 


                        consulting with the head of any other 


                        agency designated by the President, 


                        shall make grants to States to assist 


                        them in issuing birth certificates that 


                        conform to the standards set forth in 


                        the regulation.


                            (ii) Allocation of grants.--The 


                        Secretary shall provide grants to 


                        States under this subparagraph in 


                        proportion to the populations of the 


                        States applying to receive a grant and 


                        in an amount needed to provide a 


                        substantial incentive for States to 


                        issue birth certificates that conform 


                        to the standards described in clause 


                        (i).


                    (B) Assistance in matching birth and death 


                records.--


                            (i) In general.--The Secretary of 


                        Health and Human Services, acting 


                        through the Director of the National 


                        Center for Health Statistics and after 


                        consulting with the head of any other 


                        agency designated by the President, 


                        shall make grants to States to assist 


                        them in developing the capability to 


                        match birth and death records, within 


                        each State and among the States, and to 


                        note the fact of death on the birth 


                        certificates of deceased persons. In 


                        developing the capability described in 


                        the preceding sentence, a State that 


                        receives a grant under this 


                        subparagraph shall focus first on 


                        individuals born after 1950.


                            (ii) Allocation and amount of 


                        grants.--The Secretary shall provide 


                        grants to States under this 


                        subparagraph in proportion to the 


                        populations of the States applying to 


                        receive a grant and in an amount needed 


                        to provide a substantial incentive for 


                        States to develop the capability 


                        described in clause (i).


                    (C) Demonstration projects.--The Secretary 


                of Health and Human Services, acting through 


                the Director of the National Center for Health 


                Statistics, shall make grants to States for a 


                project in each of 5 States to demonstrate the 


                feasibility of a system under which persons 


                otherwise required to report the death of 


                individuals to a State would be required to 


                provide to the State's office of vital 


                statistics sufficient information to establish 


                the fact of death of every individual dying in 


                the State within 24 hours of acquiring the 


                information.


            (3) Birth Certificate.--As used in this subsection, 


        the term ``birth certificate'' means a certificate of 


        birth--


                    (A) of--


                            (i) an individual born in the 


                        United States; or


                            (ii) an individual born abroad--


                                    (I) who is a citizen or 


                                national of the United States 


                                at birth; and


                                    (II) whose birth is 


                                registered in the United 


                                States; and


                    (B) that--


                            (i) is a copy, issued by a State or 


                        local authorized custodian of record, 


                        of an original certificate of birth 


                        issued by such custodian of record; or


                            (ii) was issued by a State or local 


                        authorized custodian of record and was 


                        produced from birth records maintained 


                        by such custodian of record.


    (b) State-Issued Drivers Licenses and Comparable 


Identification Documents.--


            (1) Standards for acceptance by Federal agencies.--


                    (A) In general.--A Federal agency may not 


                accept for any identification-related purpose a 


                driver's license, or other comparable 


                identification document, issued by a State, 


                unless the license or document satisfies the 


                following requirements:


                            (i) Application process.--The 


                        application process for the license or 


                        document shall include the presentation 


                        of such evidence of identity as is 


                        required by regulations promulgated by 


                        the Secretary of Transportation after 


                        consultation with the American 


                        Association of Motor Vehicle 


                        Administrators.


                            (ii) Social security number.--


                        Except as provided in subparagraph (B), 


                        the license or document shall contain a 


                        social security account number that can 


                        be read visually or by electronic 


                        means.


                            (iii) Form.--The license or 


                        document otherwise shall be in a form 


                        consistent with requirements set forth 


                        in regulations promulgated by the 


                        Secretary of Transportation after 


                        consultation with the American 


                        Association of Motor Vehicle 


                        Administrators. The form shall contain 


                        security features designed to limit 


                        tampering, counterfeiting, 


                        photocopying, or otherwise duplicating, 


                        the license or document for fraudulent 


                        purposes and to limit use of the 


                        license or document by impostors.


                    (B) Exception.--The requirement in 


                subparagraph (A)(ii) shall not apply with 


                respect to a driver's license or other 


                comparable identification document issued by a 


                State, if the State--


                            (i) does not require the license or 


                        document to contain a social security 


                        account number; and


                            (ii) requires--


                                    (I) every applicant for a 


                                driver's license, or other 


                                comparable identification 


                                document, to submit the 


                                applicant's social security 


                                account number; and


                                    (II) an agency of the State 


                                to verify with the Social 


                                Security Administration that 


                                such account number is valid.


                    (C) Deadline.--The Secretary of 


                Transportation shall promulgate the regulations 


                referred to in clauses (i) and (iii) of 


                subparagraph (A) not later than 1 year after 


                the date of the enactment of this Act.


            (2) Grants to states.--Beginning on the date final 


        regulations are promulgated under paragraph (1), the 


        Secretary of Transportation shall make grants to States 


        to assist them in issuing driver's licenses and other 


        comparable identification documents that satisfy the 


        requirements under such paragraph.


            (3) Effective dates.--


                    (A) In general.--Except as otherwise 


                provided in this paragraph, this subsection 


                shall take effect on the date of the enactment 


                of this Act.


                    (B) Prohibition on federal agencies.--


                Subparagraphs (A) and (B) of paragraph (1) 


                shall take effect beginning on October 1, 2000, 


                but shall apply only to licenses or documents 


                issued to an individual for the first time and 


                to replacement or renewal licenses or documents 


                issued according to State law.


    (c) Report.--Not later than 1 year after the date of the 


enactment of this Act, the Secretary of Health and Human 


Services shall submit a report to the Congress on ways to 


reduce the fraudulent obtaining and the fraudulent use of birth 


certificates, including any such use to obtain a social 


security account number or a State or Federal document related 


to identification or immigration.


    (d) Federal Agency Defined.--For purposes of this section, 


the term ``Federal agency'' means any of the following:


            (1) An Executive agency (as defined in section 105 


        of title 5, United States Code).


            (2) A military department (as defined in section 


        102 of such title).


            (3) An agency in the legislative branch of the 


        Government of the United States.


            (4) An agency in the judicial branch of the 


        Government of the United States.





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


                    SECURITY CARD.





    (a) Development.--


            (1) In general.--The Commissioner of Social 


        Security (in this section referred to as the 


        ``Commissioner'') shall, in accordance with the 


        provisions of this section, develop a prototype of a 


        counterfeit-resistant social security card. Such 


        prototype card--


                    (A) shall be made of a durable, tamper-


                resistant material such as plastic or 


                polyester;


                    (B) shall employ technologies that provide 


                security features, such as magnetic stripes, 


                holograms, and integrated circuits; and


                    (C) shall be developed so as to provide 


                individuals with reliable proof of citizenship 


                or legal resident alien status.


            (2) Assistance by attorney general.--The Attorney 


        General shall provide such information and assistance 


        as the Commissioner deems necessary to achieve the 


        purposes of this section.


    (b) Studies and Reports.--


            (1) In general.--The Comptroller General and the 


        Commissioner of Social Security shall each conduct a 


        study, and issue a report to the Congress, that 


        examines different methods of improving the social 


        security card application process.


            (2) Elements of studies.--The studies shall include 


        evaluations of the cost and work load implications of 


        issuing a counterfeit-resistant social security card 


        for all individuals over a 3, 5, and 10 year period. 


        The studies shall also evaluate the feasibility and 


        cost implications of imposing a user fee for 


        replacement cards and cards issued to individuals who 


        apply for such a card prior to the scheduled 3, 5, and 


        10 year phase-in options.


            (3) Distribution of reports.--Copies of the reports 


        described in this subsection, along with facsimiles of 


        the prototype cards as described in subsection (a), 


        shall be submitted to the Committees on Ways and Means 


        and Judiciary of the House of Representatives and the 


        Committees on Finance and Judiciary of the Senate not 


        later than 1 year after the date of the enactment of 


        this Act.





SEC. 658. BORDER PATROL MUSEUM.





    (a) Authority.--Notwithstanding section 203 of the Federal 


Property and Administrative Services Act of 1949 (40 U.S.C. 


484) or any other provision of law, the Attorney General is 


authorized to transfer and convey to the Border Patrol Museum 


and Memorial Library Foundation, incorporated in the State of 


Texas, such equipment, artifacts, and memorabilia held by the 


Immigration and Naturalization Service as the Attorney General 


may determine is necessary to further the purposes of the 


Museum and Foundation.


    (b) Technical Assistance.--The Attorney General is 


authorized to provide technical assistance, through the detail 


of personnel of the Immigration and Naturalization Service, to 


the Border Patrol Museum and Memorial Library Foundation for 


the purpose of demonstrating the use of the items transferred 


under subsection (a).





SEC. 659. SENSE OF THE CONGRESS REGARDING THE MISSION OF THE 


                    IMMIGRATION AND NATURALIZATION SERVICE.





    It is the sense of the Congress that the mission statement 


of the Immigration and Naturalization Service should include a 


statement that it is the responsibility of the Service to 


detect, apprehend, and remove those aliens unlawfully present 


in the United States, particularly those aliens involved in 


drug trafficking or other criminal activity.





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


                    CERTAIN ALIENS.





    Section 112(d)(1) of title 32, United States Code, is 


amended by adding at the end the following new sentence: ``The 


plan as approved by the Secretary may provide for the use of 


personnel and equipment of the National Guard of that State to 


assist the Immigration and Naturalization Service in the 


transportation of aliens who have violated a Federal or State 


law prohibiting or regulating the possession, use, or 


distribution of a controlled substance.''.





                   Subtitle E--Technical Corrections





SEC. 671. MISCELLANEOUS TECHNICAL CORRECTIONS.





    (a) Amendments Relating to Public Law 103-322 (Violent 


Crime Control and Law Enforcement Act of 1994).--


            (1) Section 60024(1)(F) of the Violent Crime 


        Control and Law Enforcement Act of 1994 (Public Law 


        103-322) (in this subsection referred to as ``VCCLEA'') 


        is amended by inserting ``United States Code,'' after 


        ``title 18,''.


            (2) Section 130003(b)(3) of VCCLEA is amended by 


        striking ``Naturalization'' and inserting 


        ``Nationality''.


            (3)(A) Section 214 (8 U.S.C. 1184) is amended by 


        redesignating the subsection (j), added by section 


        130003(b)(2) of VCCLEA (108 Stat. 2025), and the 


        subsection (k), as amended by section 622(c), as 


        subsections (k) and (l), respectively.


            (B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) 


        is amended by striking ``214(j)'' and inserting 


        ``214(k)''.


            (4)(A) Section 245 (8 U.S.C. 1255) is amended by 


        redesignating the subsection (i) added by section 


        130003(c)(1) of VCCLEA as subsection (j).


            (B) Section 241(a)(2)(A)(i)(I) (8 U.S.C. 


        1251(a)(2)(A)(i)(I)), as amended by section 130003(d) 


        of VCCLEA and before redesignation by section 


        305(a)(2), is amended by striking ``245(i)'' and 


        inserting ``245(j)''.


            (5) Section 245(j)(3), as added by section 


        130003(c)(1) of VCCLEA and as redesignated by paragraph 


        (4)(A), is amended by striking ``paragraphs (1) or 


        (2)'' and inserting ``paragraph (1) or (2)''.


            (6) Section 130007(a) of VCCLEA is amended by 


        striking ``242A(d)'' and inserting ``242A(a)(3)''.


            (7) The amendments made by this subsection shall be 


        effective as if included in the enactment of the 


        VCCLEA.


    (b) Amendments Relating to Immigration and Nationality 


Technical Corrections Act of 1994.--


            (1) Section 101(d) of the Immigration and 


        Nationality Technical Corrections Act of 1994 (Public 


        Law 103-416) (in this subsection referred to as 


        ``INTCA'') is amended--


                    (A) by striking ``Application'' and all 


                that follows through ``This'' and inserting 


                ``Applicability of Transmission Requirements.--


                This'';


                    (B) by striking ``any residency or other 


                retention requirements for'' and inserting 


                ``the application of any provision of law 


                relating to residence or physical presence in 


                the United States for purposes of transmitting 


                United States''; and


                    (C) by striking ``as in effect'' and all 


                that follows through the end and inserting ``to 


                any person whose claim is based on the 


                amendment made by subsection (a) or through 


                whom such a claim is derived.''.


            (2) Section 102 of INTCA is amended by adding at 


        the end the following:


    ``(e) Transition.--In applying the amendment made by 


subsection (a) to children born before November 14, 1986, any 


reference in the matter inserted by such amendment to `five 


years, at least two of which' is deemed a reference to `10 


years, at least 5 of which'.''.


            (3) Section 351(a) (8 U.S.C. 1483(a)), as amended 


        by section 105(a)(2)(A) of INTCA, is amended by 


        striking the comma after ``nationality''.


            (4) Section 207(2) of INTCA is amended by inserting 


        a comma after ``specified''.


            (5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is 


        amended in subparagraph (K)(ii), by striking the comma 


        after ``1588''.


            (6) Section 273(b) (8 U.S.C. 1323(b)), as amended 


        by section 209(a) of INTCA, is amended by striking 


        ``remain'' and inserting ``remains''.


            (7) Section 209(a)(1) of INTCA is amended by 


        striking ``$3000'' and inserting ``$3,000''.


            (8) Section 209(b) of INTCA is amended by striking 


        ``subsection'' and inserting ``section''.


            (9) Section 219(cc) of INTCA is amended by striking 


        `` `year 1993 the first place it appears' '' and 


        inserting `` `year 1993' the first place it appears''.


            (10) Section 219(ee) of INTCA is amended by adding 


        at the end the following:


    ``(3) The amendments made by this subsection shall take 


effect on the date of the enactment of this Act.''.


            (11) Paragraphs (4) and (6) of section 286(r) (8 


        U.S.C. 1356(r)) are amended by inserting ``the'' before 


        ``Fund'' each place it appears.


            (12) Section 221 of INTCA is amended--


                    (A) by striking each semicolon and 


                inserting a comma,


                    (B) by striking ``disasters.'' and 


                inserting ``disasters,''; and


                    (C) by striking ``The official'' and 


                inserting ``the official''.


            (13) Section 242A (8 U.S.C. 1252a), as added by 


        section 224(a) of INTCA and before redesignation as 


        section 238 by section 308(b)(5), is amended by 


        redesignating subsection (d) as subsection (c).


            (14) Except as otherwise provided in this 


        subsection, the amendments made by this subsection 


        shall take effect as if included in the enactment of 


        INTCA.


    (c) Amendments Relating to Public Law 104-132 


(Antiterrorism and Effective Death Penalty Act of 1996).--


            (1) Section 219 (8 U.S.C. 1189), as added by 


        section 302(a) of Antiterrorism and Effective Death 


        Penalty Act of 1996 (Public Law 104-132) (in this 


        subsection referred to as ``AEDPA''), is amended by 


        striking the heading and all that follows through 


        ``(a)'' and inserting the following:








            ``designation of foreign terrorist organizations








    ``Sec. 219. (a)''.


            (2) Section 302(b) of AEDPA is amended by striking 


        ``, relating to terrorism,''.


            (3) Section 106(a) (8 U.S.C. 1105a(a)), as amended 


        by sections 401(e) and 440(a) of AEDPA, is amended--


                    (A) by striking ``and'' at the end of 


                paragraph (8);


                    (B) by striking the period at the end of 


                paragraph (9) and inserting ``; and''; and


                    (C) in paragraph (10), by striking ``Any'' 


                and inserting ``any''.


            (4) Section 440(a) of the AEDPA is amended by 


        striking ``Section 106 of the Immigration and 


        Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to 


        read as follows:'' and inserting ``Section 106(a) of 


        the Immigration and Nationality Act (8 U.S.C. 1105a(a)) 


        is amended by adding at the end the following:''.


            (5) Section 440(g)(1)(A) of AEDPA is amended--


                    (A) by striking ``of this title''; and


                    (B) by striking the period after 


                ``241(a)(2)(A)(i)''.


            (6) Section 440(g) of AEDPA is amended by striking 


        paragraph (2).


            (7) The amendments made by this subsection shall 


        take effect as if included in the enactment of subtitle 


        A of title IV of AEPDA.


    (d) Striking References to Section 210A.--


            (1)(A) Section 201(b)(1)(C) (8 U.S.C. 


        1151(b)(1)(C)) is amended by striking ``, 210A,''.


            (B) Section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) 


        is amended by striking ``, 210A(a),''.


            (C) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), before 


        redesignation by section 305(a)(2), is amended by 


        striking subparagraph (F).


            (2) Sections 204(c)(1)(D)(i) and 204(j)(4) of 


        Immigration Reform and Control Act of 1986 are each 


        amended by striking ``, 210A,''.


    (e) Miscellaneous Changes in the Immigration and 


Nationality Act.--


            (1) Before being amended by section 308(a)(2), the 


        item in the table of contents relating to section 242A 


        is amended to read as follows:





``Sec. 242A. Expedited deportation of aliens convicted of committing 


          aggravated felonies.''.





            (2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is 


        amended by striking ``, 321, and 322'' and inserting 


        ``and 321''.


            (3) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is 


        amended by inserting a comma after ``(4) thereof)''.


            (4) Pursuant to section 6(b) of Public Law 103-272 


        (108 Stat. 1378)--


                    (A) section 214(f)(1) (8 U.S.C. 1184(f)(1)) 


                is amended by striking ``section 101(3) of the 


                Federal Aviation Act of 1958'' and inserting 


                ``section 40102(a)(2) of title 49, United 


                States Code''; and


                    (B) section 258(b)(2) (8 U.S.C. 1288(b)(2)) 


                is amended by striking ``section 105 or 106 of 


                the Hazardous Materials Transportation Act (49 


                U.S.C. App. 1804, 1805)'' and inserting 


                ``section 5103(b), 5104, 5106, 5107, or 5110 of 


                title 49, United States Code''.


            (5) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A)) 


        is amended by inserting a period after ``expended''.


            (6) Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) 


        is amended--


                    (A) by striking ``and'' at the end of 


                clause (iv);


                    (B) by moving clauses (v) and (vi) 2 ems to 


                the left;


                    (C) by striking ``; and'' in clauses (v) 


                and (vi) and inserting ``and for'';


                    (D) by striking the colons in clauses (v) 


                and (vi); and


                    (E) by striking the period at the end of 


                clause (v) and inserting ``; and''.


            (7) Section 412(b) (8 U.S.C. 1522(b)) is amended by 


        striking the comma after ``is authorized'' in paragraph 


        (3) and after ``The Secretary'' in paragraph (4).


    (f) Miscellaneous Change in the Immigration Act of 1990.--


Section 161(c)(3) of the Immigration Act of 1990 is amended by 


striking ``an an'' and inserting ``of an''.


    (g) Miscellaneous Changes in Other Acts.--


            (1) Section 506(a) of the Intelligence 


        Authorization Act, Fiscal Year 1990 (Public Law 101-


        193) is amended by striking ``this section'' and 


        inserting ``such section''.


            (2) Section 140 of the Foreign Relations 


        Authorization Act, Fiscal Years 1994 and 1995, as 


        amended by section 505(2) of Public Law 103-317, is 


        amended--


                    (A) by moving the indentation of 


                subsections (f) and (g) 2 ems to the left; and


                    (B) in subsection (g), by striking ``(g)'' 


                and all that follows through ``shall'' and 


                inserting ``(g) Subsections (d) and (e) 


                shall''.


    And the Senate agree to the same.





                                   Henry Hyde,


                                   Lamar Smith,


                                   Elton Gallegly,


                                   Bill McCollum,


                                   Bob Goodlatte,


                                   Ed Bryant,


                                   Sonny Bono,


                                   Bill Goodling,


                                   Randy ``Duke'' Cunningham,


                                   Howard P. ``Buck'' McKeon,


                                   E. Clay Shaw, Jr.,


                                 Managers on the Part of the House.





                                   Orrin Hatch,


                                   Al Simpson,


                                   Chuck Grassley,


                                   Jon Kyl,


                                   Arlen Specter,


                                   Strom Thurmond,


                                   Dianne Feinstein,


                                Managers on the Part of the Senate.


       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE





      The managers on the part of the House and the Senate at 


the conference on the disagreeing votes of the two Houses on 


the amendment of the Senate to the bill (H.R. 2202) to amend 


the Immigration and Nationality Act to improve deterrence of 


illegal immigration to the United States by increasing border 


patrol and investigative personnel, by increasing penalties for 


alien smuggling and for document fraud, by reforming exclusion 


and deportation law and procedures, by improving the 


verification system for eligibility for employment, and through 


other measures, to reform the legal immigration system and 


facilitate legal entries into the United States, and for other 


purposes, submit the following joint statement to the House and 


the Senate in explanation of the effect of the action agreed 


upon by the managers and recommended in the accompanying 


conference report:


      The Senate amendment struck all of the House bill after 


the enacting clause and inserted a substitute text.


      The House recedes from its disagreement to the amendment 


of the Senate with an amendment that is a substitute for the 


House bill and the Senate amendment. The differences between 


the House bill, the Senate amendment, and the substitute agreed 


to in conference are noted below, except for clerical 


corrections, conforming changes made necessary by agreements 


reached by the conferees, and minor drafting and clerical 


changes.





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


                        and Interior Enforcement





             Subtitle A--Improved Enforcement at the Border





      Section 101--House recedes to sections 101 (a) and (b) of 


the Senate amendment, with modifications, and the Senate 


recedes to House section 101(c) with modifications. This 


section increases the number of Border Patrol agents by 1000 


per year from FY 1997 through 2001. It further provides that 


the Attorney General, in each fiscal year from 1997 through 


2001, may increase by 300 the number of support personnel for 


the Border Patrol. The additional border patrol agents are to 


be deployed in sectors along the border in proportion to the 


level of illegal crossings of the border in such sectors. 


Border Patrol resources should be used primarily at the border 


to deter illegal crossings and to apprehend at the earliest 


possible juncture those who have made such crossings. This 


section also requires the forward deployment of Border Patrol 


agents to provide a visible deterrent to illegal immigration, 


and includes the requirement in Senate amendment section 109 


regarding the preservation of immigration enforcement functions 


in interior areas. The managers intend that for purposes of 


this section, border sectors shall include coastal areas of the 


United States. The managers also intend, as a further deterrent 


to repeat illegal crossings, that available resources be made 


used to detain and prosecute aliens who repeatedly violate 


section 275(a) of the Immigration and Nationality Act.


      Section 102--Senate amendment section 108 recedes to 


House section 102, with modifications, including the 


substantive provisions of sections 109 and 327 of the Senate 


amendment. This section requires the Attorney General to 


install additional fences and roads to deter illegal 


immigration. In the San Diego sector, it calls for extension of 


the new fencing to a point 14 miles east of the Pacific Ocean, 


and the construction of second and third fences, with roads 


between the fences, to provide an additional deterrent. This 


section includes a proviso (from Senate amendment section 108) 


that the design of such fencing incorporate features necessary 


to ensure the safety of Border Patrol agents. This section also 


includes provisions based on Senate amendment section 327 to 


enhance the Attorney General's ability to acquire property 


along the border for purposes of improving border controls. 


This section also provides for a limited waiver of the 


Endangered Species Act of 1973 and the National Environmental 


Policy Act of 1969 in order to facilitate a uniform 


construction of necessary fences and roads.


      Section 103--Senate amendment section 179 recedes to 


House section 103. This section authorizes the acquisition by 


the Attorney General of improved equipment and technology to 


deter illegal immigration on the border.


       Section 104--Senate recedes to House sections 104(a) and 


104(b). This section requires improvement in the Border 


Crossing Identification Card, a document issued in lieu of a 


visa to aliens from Canada and Mexico for short-term visits 


within a designated distance from the border. Such cards are 


frequently counterfeited and used by impostors. The new cards 


issued under this section will be machine-readable and contain 


security features to prevent use by impostors.


       Section 105--Senate recedes to House section 105. This 


section provides for civil money penalties for aliens 


apprehended while entering or attempting to enter the United 


States other than at a lawful port of entry.


       Section 106--House section 107 recedes to Senate 


amendment section 107. This section requires the Attorney 


General to review within 60 days of enactment all hiring 


standards of the INS, and within 180 days of enactment all 


training standards of the INS. The Attorney General shall 


submit a certification in each of fiscal years 1997 through 


2000 that all personnel hired in that year were hired in 


accordance with appropriate standards. The Attorney General 


also shall submit a report based on the review of training 


standards describing the status of efforts to improve such 


standards.


       Section 107--Senate recedes to House section 108, with 


modification. This section requires the Comptroller General, 


with the cooperation of the Attorney General and in 


consultation with the Secretary of State and the Secretary of 


Defense, to track, monitor, and evaluate efforts to deter 


illegal entry into the United States. The Comptroller General 


shall report his findings to the Committees on the Judiciary of 


the Senate and the House of Representatives within 1 year from 


the date of enactment and every year thereafter through FY 


2000. The report shall include recommendations to increase 


border security at the land border and at ports of entry.


       Section 108--House recedes to Senate amendment section 


304. This section amends chapter 35 of title 18 to add a new 


section 758, making high-speed flight from an INS checkpoint a 


felony punishable by up to 5 years in prison. This section also 


amends INA section 241(a)(2)(A) to make an alien convicted of 


this offense deportable.


       Section 109--House recedes to Senate amendment section 


173. This section requires the Attorney General, together with 


the Secretary of State, the Secretary of the Treasury, and 


representatives of the air transport industry, to develop a 


plan for automated data collection at ports of entry. The 


Attorney General shall report to the Committees on the 


Judiciary of the House of Representatives and the Senate within 


9 months of the date of enactment regarding the outcome of this 


joint initiative, including recommendations for legislation.


      Section 110--House recedes to Senate amendment section 


174, with modifications to include most of the substantive 


requirements from House section 113. This section will require 


the Attorney General within 2 years of enactment to establish 


an automated entry and exit control system that will (1) 


collect a record of departure for every alien departing the 


United States and match the record of departure with the record 


of the alien's arrival in the United States, and (2) enable the 


identification of lawfully admitted nonimmigrants who remain in 


the United States beyond the period authorized by the Attorney 


General. The Commissioner of the INS must submit an annual 


report to the Committees on the Judiciary of the Senate and the 


House of Representatives on the operation of the system, 


including information on the number of departure records 


collected, the number of records successfully matched to 


records of arrival, and the number of nonimmigrants and other 


visitors for whom no matching departure record was obtained. 


All of this information shall include accounting by country of 


nationality of the arriving and departing aliens. Information 


on visa overstays identified through the entry and exit control 


system shall be integrated into appropriate data bases of the 


INS and the Department of State, including those used at ports 


of entry and consular offices.


       Section 111--House recedes to Senate amendment section 


322, with modifications. This section requires the Attorney 


General to submit a report by September 30, 1996, to the 


Committees on the Judiciary of the House of Representatives and 


of the Senate regarding the redeployment of border patrol 


agents.


       Section 112--House recedes to Senate amendment section 


120C. This section authorizes the appropriation of funds to 


ensure that the ``IDENT'' program operated by the Immigration 


and Naturalization Service (INS) is expanded to apply to all 


apprehended illegal and criminal aliens.


       Section 113--Senate recedes to House section 106, with 


modification.





                Subtitle B--Facilitation of Legal Entry





       Section 121--House section 701 recedes to Senate 


amendment section 103, with modification. This section will 


require the Attorney General and Secretary of the Treasury to 


increase in FY 1997 and 1998 the number of full-time land 


border inspectors of the INS and the Customs Service to levels 


adequate to assure full staffing during peak crossing hours of 


all border crossing lanes currently in use, under construction, 


or authorized to be constructed.


       Section 122--Senate amendment section 213 recedes to 


House section 702, with modifications. This section will extend 


the authority under INA section 286(q) for commuter lane pilot 


programs through FY 2000, and raise to 6 the maximum number of 


such pilots. It also includes the authorization in Senate 


amendment section 213(b)(2) for the Attorney General to conduct 


pilot projects for automated entry, using card reading or 


similar technology, at land border ports of entry after hours 


of normal operation have ended.


       Section 123--Senate recedes to House section 703, with 


modifications. This section amends the INA to create a new 


section 235A, providing for the establishment within 2 years of 


enactment of preinspection stations at 5 of the 10 foreign 


airports serving as the last points of departure for the 


greatest number of inadmissible passengers arriving by air in 


the United States. Not later than 4 years after enactment, the 


Attorney General shall establish preinspection stations in at 


least 5 additional foreign airports, on the basis of most 


effectively reducing the number of inadmissible aliens who 


arrive in the United States. This section also requires the 


Attorney General to compile data arising from the operation of 


preinspection stations, and to establish a carrier consultant 


program to deter boarding by aliens inadmissible to the United 


States.


       Section 124--Senate recedes to House section 704. This 


section amends INA section 286(h)(2)(A)(iv) to provide that 


funds may be expended from the Immigration User Fee Account for 


the training of commercial airline personnel in the detection 


of fraudulent documents, and that not less than 5 percent of 


the funds expended out of the Account in a given fiscal year 


shall be for this purpose. This section also amends INA section 


212(f) to provide that if a commercial airline has failed to 


comply with regulations of the Attorney General relating to the 


detection of fraudulent documents, including the training of 


personnel, the Attorney General may suspend the entry of aliens 


transported to the U.S. by the airline.


       Section 125--House recedes to Senate amendment section 


330. This section amends INA section 103(a) to provide that the 


Attorney General may authorize officers of a foreign country to 


be stationed at preclearance stations in the United States to 


ensure that persons traveling from or through the United States 


to that foreign country comply with that country's immigration 


and related laws. Such officers shall be authorized to perform 


duties, and shall enjoy such privileges and immunities 


necessary for the performance of such duties, as are granted to 


United States immigration officers in that foreign country 


under reciprocal agreement.





                    Subtitle C--Interior Enforcement





       Section 131--House sections 121 and 404 recede to Senate 


amendment section 102, with modifications. This section will 


authorize an increase in the number of INS investigators and 


support personnel assigned to investigate violations of INA 


sections 274A (employer sanctions) and 274C (civil document 


fraud) by 300 in each of FY 1997, 1998, and 1999. Not less than 


half of these newly-hired investigators shall be assigned to 


investigate potential violations of section 274A.


       Section 132--House recedes to Senate amendment section 


104. This section authorizes the appropriation of funds 


necessary to increase the number of investigators and support 


personnel to investigate visa overstayers by 300 in FY 1997.


      Section 133--House sections 122 and 365 recede to Senate 


amendment section 184, with modifications. This section amends 


INA section 287 to permit the Attorney General to enter into 


written agreements with State and local authorities to 


designate qualified officers or employees of the State or 


locality to perform immigration enforcement functions 


pertaining to the investigation, apprehension, or detention of 


aliens unlawfully in the United States, including the 


transportation of aliens across State lines to detention 


centers. Such functions shall be carried out at State or local 


expense and the designated officers and employees shall operate 


under the direction of the Attorney General.


      Section 134--House recedes to Senate amendment section 


316, with modification. This amendment directs that each State 


be allocated at least 10 active-duty INS agents.





 Title II--Enhanced Enforcement and Penalties Against Alien Smuggling 


                           and Document Fraud





 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling





      Section 201--House section 201 recedes to Senate 


amendment section 121. This section amends 18 U.S.C. 2516(1) to 


give INS the authority under such section to use wiretaps in 


investigations of alien smuggling and document fraud offenses.


      Section 202--Senate amendment section 122 recedes to 


House section 202, with modifications. This section amends 18 


U.S.C. 1961(1) to include as racketeering offenses acts 


indictable as document fraud crimes under title 18 (including 


the naturalization and citizenship document offenses specified 


in the Senate bill) or as alien smuggling offenses under 


section 274, 277, and 278 of the Immigration and Nationality 


Act. The offenses under the INA may be considered as RICO 


predicates only if committed for the purpose of financial gain.


      Section 203(a)--Senate recedes to House section 


203(a)(1). This provision amends INA section 274(a)(1) to 


increase criminal penalties in cases where an offense relating 


to alien smuggling, harboring, inducement, or transportation is 


done for the purpose of financial gain.


      Section 203(b)--House section 203(a)(2) recedes to Senate 


amendment sections 123(a) (1) and (2). This provision amends 


INA section 274 to specify criminal penalties for those who 


engage in a conspiracy to violate alien smuggling, inducement, 


harboring, and transportation prohibitions, and for those who 


aid and abet such crimes. Senate amendment sections 


123(a)(3)(B) and 123(b) recede to House section 203(b), as 


modified. This provision will increase penalties under section 


274(b) to up to 10 years imprisonment, and up to 15 years for a 


third or subsequent offense, for certain alien smuggling 


violations. House recedes to Senate amendment section 


123(a)(4), with modifications. This provision creates a new 


offense for an employer to hire an alien who the employer knows 


is not authorized to be employed in the United States, and who 


the employer also knows was brought into the United States in 


violation of INA section 274(a). In order to be liable under 


this provision, the employer must have actual knowledge both of 


the alien's unauthorized status and of the fact that the alien 


was brought into the United States illegally.


      Section 203(c)--Senate recedes to that portion of House 


section 203(b) that creates a new offense under INA section 


274(a) for smuggling an alien with reason to believe that the 


alien will commit a crime in the United States.


      Section 203(d)--Senate amendment section 123(a)(3) 


recedes to House section 203(c). This provision will change the 


standard for calculating penalties for alien smuggling crimes. 


Henceforth, an offense will be counted for each alien smuggled, 


not, as under current law, for each transaction regardless of 


the number of aliens involved.


      Section 203 (e)-(f)--House recedes to Senate amendment 


sections 123 (c)-(e), with modifications. These provisions 


require the United States Sentencing Commission to promulgate 


or amend guidelines for offenders convicted of smuggling, 


harboring, inducement, or transportation of illegal aliens; 


provide emergency authority to the Sentencing Commission to 


complete this task; and make section 203 of this Act (and the 


amendments made thereby) applicable to offenses occurring on or 


after the date of enactment.


      Section 204--Senate amendment section 120 recedes to 


House section 204, with modifications. This section provides 


that the number of Assistant United States Attorneys shall be 


increased in fiscal year 1997 by at least 25, and that such 


attorneys shall prosecute persons involved in smuggling or 


harboring of illegal aliens, or other crimes involving illegal 


aliens, which would include immigration document fraud offenses 


relating to false identification documents, visas, passports, 


and citizenship and naturalization documents.


      Section 205--Senate amendment section 169 recedes to 


House section 205. This section provides authority for the INS 


to use appropriated funds for the establishment and operation 


of undercover proprietary corporations or business entities.





 Subtitle B--Enhanced Enforcement and Penalties Against Document Fraud





      Section 211--Senate amendment section 127(a)(1) recedes 


to House section 211(a). This provision increases the maximum 


term of imprisonment for fraud and misuse of government-issued 


identification documents from 5 years to 15 years. The sentence 


is increased to 20 years if the offense is committed to 


facilitate a drug-trafficking crime, and to 25 years if 


committed to facilitate an act of international terrorism. 


House recedes to Senate amendment section 127(a) (2)-(4), as 


modified. These provisions will increase penalties for document 


fraud crimes under sections 1541-1544, 1546(a), and 1425-1427 


of title 18 to 10 years for a first or second offense, 15 years 


for a third or subsequent offense, with the same enhancements 


for crimes committed to facilitate drug trafficking (20 years) 


or international terrorism (25 years). House section 211(b) 


recedes to Senate section 127 (b)-(d). These provisions require 


the United States Sentencing Commission to promulgate or amend 


guidelines for offenders convicted of document fraud offenses, 


provide emergency authority to the Sentencing Commission to 


complete this task, and make section 211 (and the amendments 


made thereby) applicable to offenses occurring on or after the 


date of enactment.


      Section 212--House sections 212 and 213 recede to Senate 


amendment section 130, as modified. This section amends INA 


section 274C, regarding civil penalties for document fraud, to 


expand liability to those who engage in document fraud for the 


purpose of obtaining a benefit under the INA. New liability is 


established for those who prepare, file, or assist another 


person in preparing or filing an application for benefits with 


knowledge or in reckless disregard of the fact that such 


application or document was falsely made. New liability also is 


established for aliens who destroy travel documents en route to 


the United States after having presented such documents to 


board a common carrier to the United States. A waiver from 


civil document fraud penalties may be granted to an alien who 


is granted asylum or withholding of deportation. The amendments 


made by this section shall apply to offenses occurring on or 


after the date of enactment.


      Section 213--House section 214 recedes to Senate 


amendment section 129. This section amends INA section 274C by 


adding a new subsection (e), providing that a person who fails 


to disclose or conceals his role in preparing, for a fee or 


other remuneration, a false application for benefits under the 


INA is subject to imprisonment of not more than 5 years, and is 


prohibited from preparing, whether or not for a fee or other 


remuneration, any other such application. A person convicted 


under this section who later prepares or assists in preparing 


an application for immigration benefits, regardless of whether 


for a fee or other remuneration, is subject to imprisonment of 


not more than 15 years, and is prohibited from preparing any 


other such application.


      Section 214--Senate amendment section 128 recedes to 


House section 215. This section amends section 1546(a) of title 


18 to provide that the penalty for knowingly presenting a 


document which contains a false statement also extends to a 


document which fails to contain any reasonable basis in law or 


fact.


      Section 215--Senate recedes to House section 216. This 


section amends section 1015 of title 18 by adding new 


subparagraphs (e) and (f). New subparagraph (e) makes it 


unlawful for any person to make a false claim to United States 


citizenship or nationality for the purpose of obtaining, for 


himself or any other person, any Federal benefit or service or 


employment in the United States. New subsection (f) makes it 


unlawful for any person to make a false claim to United States 


citizenship in order to vote or register to vote in any 


Federal, State, or local election, including an initiative, 


recall, or referendum.


      Section 216--House recedes to Senate amendment section 


217(a). This section amends title 18 to add a new section 611, 


making it unlawful for any alien to vote in any election for 


Federal office, and subjects violators to fines and a term of 


imprisonment of not more than 1 year.


      Section 217--This section merges House section 221 and 


Senate amendment section 126. This section amends 18 U.S.C. 


982(a) by adding a new paragraph (6), providing that a person 


who is convicted of a violation of or of a conspiracy to 


violate sections 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 


1546 of title 18, or section 1028 of title 18, or section 


274(a) of the INA, if committed in connection with passport or 


visa issuance or use, shall forfeit any conveyance used in the 


commission of the offense, as well as any property, real or 


personal, which was used or intended to be used in facilitating 


the violation, and any property constituting, derived from, or 


traceable to the proceeds of the violation. The criminal 


forfeiture shall be governed by the provisions of section 413 


(other than subsections (a) and (d)) of the Comprehensive Drug 


Abuse Prevention and Control Act of 1970 (21 U.S.C. 853).


      Section 218--House recedes to Senate amendment section 


131. This section increases penalties for violations of 


sections 1581, 1583, 1584, and 1588 of title 18 (regarding 


involuntary servitude, peonage, and slave trade offenses) from 


a maximum of 5 years to 10 years imprisonment. The section also 


requires the United States Sentencing Commission to ascertain 


if there exists an unwarranted disparity between sentences for 


such crimes and the sentences for kidnaping and alien smuggling 


offenses, and further requires the Commission to amend the 


Sentencing Guidelines to reduce or eliminate any such 


unwarranted disparity and to ensure that the Sentencing 


Guidelines reflect the heinous nature of such offenses as well 


as aggravating factors such as large numbers of victims and 


prolonged periods of peonage or involuntary servitude. The 


section also provides emergency authority to the Sentencing 


Commission to effect such changes.


      Section 219--House recedes to Senate amendment section 


124. This section permits the introduction of videotaped 


deposition testimony, in trials involving offenses under 


section 274 of the INA, of witnesses who have been deported 


from the United States or who are otherwise unavailable to 


testify, provided that there was an opportunity for cross-


examination at such deposition. This provision will permit the 


introduction, in trials for alien smuggling and related 


offenses, of critical testimony from aliens who have been 


smuggled into the United States, eliminating the need to detain 


such aliens in the United States.


      Section 220--House recedes to Senate amendment section 


120A(a)(2). This provision amends section 274C (pertaining to 


civil penalties for document fraud) to provide that immigration 


officers designated by the Attorney General may use subpoena 


authority to compel the attendance of witnesses and the 


production of documents in connection with investigating a 


complaint of civil document fraud.





   Title III--Inspection, Apprehension, Detention, Adjudication, and 


             Removal of Inadmissible and Deportable Aliens





        Subtitle A--Revision of Procedures for Removal of Aliens





      Sec. 301(a)--Senate recedes to House section 301(a), with 


modifications. Subsection (a) of this section amends INA 


section 101(a)(13) by replacing the definition of ``entry'' 


with a definition for ``admission'' and ``admitted'': the 


lawful entry of an alien into the United States after 


inspection and authorization by an immigration officer. An 


alien who is paroled under INA section 212(d)(5) shall not be 


considered to have been admitted. With certain specified 


exceptions (including in the case of an individual who has been 


absent from the United States for a period of greater than 180 


days or has committed an offense identified in section 


212(a)(2)), a returning lawful permanent resident alien (LPR) 


shall not be considered to be seeking admission.


      Sec. 301(b)--Senate amendment sections 143(b) and 317 


recede to House section 301(c), with modifications. This 


subsection redesignates paragraph (9) of INA section 212(a) as 


paragraph (10), and inserts a new paragraph (9). Under this 


subsection, an alien ordered removed under revised INA section 


235(b)(1) (see explanation of section 302 of this Act below), 


or at the end of proceedings under new section 240 (see 


explanation of section 304 of this Act below) that were 


initiated upon the alien's arrival in the United States, is 


inadmissible for a period of 5 years (or for 20 years in the 


case of a second or subsequent removal and permanently in the 


case of an alien convicted of an aggravated felony). An alien 


otherwise ordered removed from the United States, or who has 


departed the United States while an order of removal is 


outstanding, shall be barred from admission for 10 years (or 


for 20 years in the case of a second or subsequent removal, and 


permanently in the case of an alien convicted of an aggravated 


felony). These bars to readmission can be waived (as in current 


law) if the Attorney General has given prior consent to the 


alien's reapplying for admission.


      This subsection also provides that an alien unlawfully 


present in the United States for a period of more than 180 days 


but less than 1 year who voluntarily departed the United States 


is barred from admission for 3 years. An alien unlawfully 


present for 1 year or more who voluntarily departs is barred 


from admission for 10 years. An alien is unlawfully present if 


the alien has been present in the United States without 


admission or parole, or remains in the United States beyond an 


authorized period of stay. No period of time in which the alien 


was present in the United States under the age of 18, as a bona 


fide applicant for asylum under section 208, or as a 


beneficiary of family unity protection, shall count towards the 


aggregate 1-year period. The calculation of time is suspended 


if the alien has filed a bona fide application for change or 


extension of status, and such application is approved. This bar 


shall not apply to an alien described in new INA section 


212(a)(6)(A)(ii) (battered spouse or child). The bar also may 


be waived, in the sole and unreviewable discretion of the 


Attorney General, for an immigrant who is the spouse or son or 


daughter of a United States citizen or lawful permanent 


resident, and the refusal of admission to the alien would cause 


extreme hardship to that citizen or lawfully resident spouse or 


parent.


      This subsection also provides that an alien who has been 


present unlawfully in the United States for more than 1 year or 


has been ordered removed from the United States, and who 


subsequently enters or attempts to enter the United States 


without being lawfully admitted, is permanently barred from 


admission. Such an alien may be admitted not earlier than 10 


years after the alien's last departure from the United States, 


but only if the Attorney General gives prior consent to the 


alien's reapplying for admission.


      Section 301(c)--Senate recedes to House section 301(b), 


with modifications. This subsection states that an alien who is 


present in the U.S. without being admitted or paroled, or who 


has arrived in the U.S. at any time or place other than as 


designated by the Attorney General, is inadmissible. This 


ground of inadmissibility shall not apply if: (I) the alien 


qualifies for immigrant status as the spouse or child of a 


United States citizen or lawful permanent resident; (II) the 


alien or the alien's child has been battered or subject to 


extreme cruelty; and (III) there was a substantial connection 


between the cruelty or battery and the alien's unlawful entry 


into the United States. As a matter of transition, the 


requirements under (II) and (III) shall not apply if the alien 


establishes that he or she first entered the United States 


prior to the effective date of Title III of this legislation, 


as set forth in section 309(a). This subsection also provides 


that an alien who without reasonable cause fails to attend or 


remain in attendance at any proceeding regarding the alien's 


removal from the United States is barred from admission for 5 


years.


      Section 301(d)--Senate recedes to House section 301(g), 


which makes a number of conforming references regarding the 


change in nomenclature in INA section 212(a) from 


``excludable'' to ``inadmissible.'' Subparagraph (B) of INA 


section 241(a)(1) (entry without inspection) will be amended to 


state that an alien present in the United States in violation 


of law is deportable. The current category of persons who are 


deportable because they have made an entry without inspection 


will, under the amendments made by section 301(c) of this bill, 


instead be considered inadmissible under revised paragraph 


(6)(A) of subsection 212(a).


      Section 302--Senate recedes to House section 302, with 


modifications. This section will amend INA section 235, 


regarding the inspection of aliens arriving in the U.S. New 


section 235(a) provides that an alien present in the United 


States who has not been admitted to the U.S., or who arrives in 


the United States, (whether or not at a designated port of 


arrival and including an alien who is brought to the United 


States after having been interdicted in international or United 


States waters), shall be deemed an applicant for admission.


      An arriving alien who is a stowaway is not eligible to 


apply for admission or to be admitted and shall be ordered 


removed upon inspection by an immigration officer. A stowaway 


shall not be eligible to apply for asylum in the United States 


unless the stowaway establishes a credible fear of persecution 


pursuant to the expedited review process in section 235(b)(1).


      Aliens seeking admission, readmission, or transit through 


the United States shall be inspected by an immigration officer, 


who shall have the same authority to take statements and 


receive evidence as under current INA section 235. An alien 


applying for admission may, at the discretion of the Attorney 


General, be permitted to withdraw the application for admission 


and depart immediately from the United States.


      New section 235(b) establishes new procedures for the 


inspection and in some cases removal of aliens arriving in the 


United States.


      Expedited Removal of Arriving Aliens: New paragraph 


(b)(1) provides that if an examining immigration officer 


determines that an arriving alien is inadmissible under section 


212(a)(6)(C) (fraud or misrepresentation) or 212(a)(7) (lack of 


valid documents), the officer shall order the alien removed 


without further hearing or review, unless the alien states a 


fear of persecution or an intention to apply for asylum. This 


provision shall not apply to an alien arriving by air who is a 


national of a Western Hemisphere nation with which the United 


States does not have diplomatic relations. The provisions also 


may be applied, in the sole and unreviewable discretion of the 


Attorney General, to an alien who has not been paroled or 


admitted into the United States and who cannot affirmatively 


show to an immigration officer that he or she has been 


continuously present in the United States for a period of 2 


years immediately prior to the date of the officer's 


determination. The purpose of these provisions is to expedite 


the removal from the United States of aliens who indisputably 


have no authorization to be admitted to the United States, 


while providing an opportunity for such an alien who claims 


asylum to have the merits of his or her claim promptly assessed 


by officers with full professional training in adjudicating 


asylum claims.


      An alien who states a fear of persecution or an intention 


to apply for asylum shall be referred for interview by an 


asylum officer, who is an immigration officer who has had 


professional training in asylum law, country conditions, and 


interview techniques comparable to that provided to full-time 


adjudicators of asylum applications. The officer shall be, for 


purposes of determinations made under this section, under the 


supervision of an immigration officer with similar training and 


substantial experience in adjudicating asylum applications. If 


the officer finds that the alien has a credible fear of 


persecution, the alien shall be detained for further 


consideration of the application for asylum under normal non-


expedited removal proceedings. If the alien does not meet this 


standard and, if the alien requests administrative review, the 


officer's decision is upheld by an immigration judge, the alien 


will be ordered removed. To the maximum extent practicable, 


review by the immigration judge shall be completed within 24 


hours, but in no case shall such review take longer than 7 


days. Throughout this process of administrative review, the 


alien shall be detained by the INS. An alien may consult with a 


person of his or her choosing before the interview, at no 


expense to the Government and without unreasonably delaying the 


interview. A ``credible fear of persecution'' means that there 


is a significant possibility, taking into account the 


credibility of the statements made by the alien in support of 


the alien's claim and such other facts as are known to the 


officer, that the alien could establish eligibility for asylum.


      There is no other administrative review of a removal 


order entered under this paragraph, but an alien claiming under 


penalty of perjury to be lawfully admitted for permanent 


residence, or to have been admitted as a refugee or granted 


asylum, shall be entitled to administrative review of such an 


order as the Attorney General shall provide by regulation. An 


alien ordered removed under this paragraph may not make a 


collateral attack against the order in a prosecution under 


section 275(a) (illegal entry) or 276 (illegal reentry).


      The availability of judicial review is described below in 


the explanation of section 306 of this Act.


      New paragraph (b)(2) provides that an alien determined to 


be inadmissible by an immigration officer (other than an alien 


subject to removal under paragraph (b)(1), or an alien crewman 


or stowaway) shall be referred for a hearing before an 


immigration judge under new section 240.


      Subsection (c) restates the provisions of current INA 


section 235(c) regarding the removal of aliens arriving in the 


United States who are inadmissible on national security 


grounds. This subsection is not intended to apply in the case 


of aliens who are inadmissible under new section 212(a)(6)(A) 


because they are already present in the United States without 


having been admitted or paroled. Such aliens could, however, be 


subject to the special removal procedures provided in Subtitle 


B of this Title.


      New subsection (d) restates provisions currently in INA 


section 235(a) authorizing immigration officers to search 


conveyances, administer oaths, and receive evidence, and to 


issue subpoenas enforceable in a United States district court.


      Section 303--Senate recedes to House section 303, with 


modifications. This section amends INA section 236, as 


described in the next paragraphs below. (The provisions in 


current section 236 regarding hearings on the exclusion of 


aliens are reflected in new section 240, as amended by section 


304 of this report.)


      New section 236(a) restates the current provisions in 


section 242(a)(1) regarding the authority of the Attorney 


General to arrest, detain, and release on bond an alien who is 


not lawfully in the United States. (The current authority in 


section 242(a) for a court in habeas corpus proceedings to 


review the conditions of detention or release pending the 


determination of the alien's inadmissibility or deportability 


is not retained.) The minimum bond for an alien released 


pending removal proceedings is raised from $500 to $1500. New 


section 236(b) restates the current provisions in section 


242(a)(1) that the Attorney General may at any time revoke an 


alien's bond or parole.


      New section 236(c) provides that the Attorney General 


must detain an alien who is inadmissible under section 


212(a)(2) or deportable under new section 237(a)(2). This 


requirement does not apply to an alien deportable under section 


237(a)(2)(A)(i) on the basis of an offense for which the alien 


has not been sentenced to at least 1 year in prison. This 


detention mandate applies whenever such an alien is released 


from imprisonment, regardless of the circumstances of the 


release. This subsection also provides that such an alien may 


be released from the Attorney General's custody only if the 


Attorney General decides in accordance with 18 U.S.C. 3521 that 


release is necessary to provide protection to a witness, 


potential witness, a person cooperating with an investigation 


into major criminal activity, or a family member or close 


associate of such a witness or cooperator, and such release 


will not pose a danger to the safety of other persons or of 


property, and the alien is likely to appear for any scheduled 


proceeding.


      New section 236(d) restates the current provisions in 


section 242(a)(3) regarding the identification of aliens 


arrested for aggravated felonies and amends those provisions to 


require that information on aliens convicted of aggravated 


felonies and deported be provided to the Department of State 


for inclusion in its automated visa lookout system.


      New section 236(e) states that no discretionary judgment 


of the Attorney General made under the authority of section 236 


shall be subject to judicial review, and that no court shall 


set aside a decision of the Attorney General regarding 


detention or release of an alien, or the granting or denial of 


bond or parole.


      Section 304--Senate recedes to House section 304, with 


modifications. This section redesignates current INA section 


239 (designation of ports of entry for aliens arriving by civil 


aircraft) as section 234, redesignates INA section 240 (records 


of admission) as section 240C, and inserts new INA sections 


239, 240, 240A, and 240B.


      New section 239 restates the provisions of current 


subsections (a) and (b) of section 242B regarding the provision 


of written notice to aliens placed in removal proceedings. 


These provisions are conformed to the establishment of a single 


removal hearing to replace the two current proceedings under 


current section 236 (exclusion) and 242 (deportation). The 


requirement that the written notice be provided in Spanish as 


well as English is not retained. The INS will determine when a 


language other than English should be used and when the 


services of a translator are necessary. The mandatory period 


between notice and date of hearing is reduced to 10 days. 


Service is sufficient if there is proof of mailing to the last 


address provided by the alien.


      New section 240 restates provisions in current sections 


236 (exclusion proceedings) and 242 and 242B (deportation 


proceedings). Section 240(a) provides that there shall be a 


single proceeding for deciding whether an alien is inadmissible 


under section 212(a) or deportable under section 237 (formerly 


section 241(a)). This subsection shall not affect proceedings 


under new section 235(c) (aliens inadmissible on national 


security grounds), new section 238 (currently section 242A) 


(aliens convicted of aggravated felonies), or new section 


235(b)(1) (arriving aliens, or aliens present in the United 


States without having been admitted or paroled, who are 


inadmissible for fraud or lack of documents).


      Section 240(b) provides that the removal proceeding under 


this section shall be conducted by an immigration judge in 


largely the same manner as currently provided in sections 242 


and 242B. Under paragraph (b)(2), the proceeding may take place 


in person, or through video or telephone conference. (Hearings 


on the merits could be conducted by telephone conference only 


with the consent of the alien). In addition, with the consent 


of the parties, the proceeding may take place in the alien's 


absence. Under paragraph (b)(4), an alien shall have a 


reasonable opportunity to examine the evidence presented 


against the alien, and to cross-examine Government witnesses, 


but not to examine national security information provided in 


opposition to the alien's admission to the United States, or in 


opposition to an alien's application for discretionary relief. 


Under paragraph (b)(5), an alien who fails to appear for a 


hearing may be ordered removed if the Service establishes by 


clear, unequivocal, and convincing evidence that notice under 


section 239 was provided and that the alien is inadmissible or 


deportable. There is no requirement to provide written notice 


if the alien has failed to provide the address required under 


section 239(a)(1)(F). Under paragraph (b)(5)(C), an in absentia 


order can only be rescinded through a motion to reopen filed 


within 180 days if the alien demonstrates that the failure to 


appear was due to exceptional circumstances (as defined in 


section 240(e)), or a motion to reopen filed at any other time 


if the alien demonstrates that the alien either did not receive 


notice of the hearing or was in Federal or State custody and 


could not appear. An alien who fails to appear shall, in the 


absence of exceptional circumstances, be ineligible for 10 


years for any relief under new sections 240A (voluntary 


departure) and 240B (cancellation of removal), and sections 


245, 248, and 249.


      Section 240(c) provides that the immigration judge shall 


make a decision on removability based only upon the evidence at 


the hearing. An alien applicant for admission shall have the 


burden to establish that he or she is beyond doubt entitled to 


be admitted. An alien who is not an applicant for admission 


shall have the burden to establish by clear and convincing 


evidence that he or she is lawfully present in the U.S. 


pursuant to a prior lawful admission. If the alien meets this 


burden, the Service has the burden to establish by clear and 


convincing evidence that the alien is deportable. This 


subsection also clarifies the types of evidence of criminal 


convictions that are admissible in immigration proceedings.


      An alien is limited to one motion to reconsider the 


decision of the immigration judge. Such motion shall be filed 


within 30 days of the final administrative order of removal and 


shall specify the errors of law or fact in the order. An alien 


is limited to one motion to reopen proceedings. Such motion 


shall be filed within 90 days of the final administrative order 


of removal and shall state the new facts to be proven at a 


hearing if the motion is granted. The deadline for a motion to 


reopen may be extended in the case of an application for asylum 


or withholding of removal that is based on new evidence of 


changed country conditions, evidence that was not available at 


the time of the initial hearing. In the case of an in absentia 


order of removal under section 240(b)(5), the deadline for a 


motion to reopen shall be as set forth in section 240(b)(5)(C).


      Section 240(d) provides that the Attorney General shall 


provide by regulation for the entry by an immigration judge of 


an order of removal stipulated to by the alien and the INS. 


Such an order shall be a conclusive determination of the 


alien's removability from the U.S.


      Section 240(e) defines as ``exceptional circumstances'' 


the serious illness of the alien or the serious illness or 


death of the spouse, parent, or child of the alien, and other 


exceptional circumstances that are not less compelling. The 


subsection defines ``removable'' to mean in the case of an 


alien who has not been admitted, that the alien is inadmissible 


under section 212, and in the case of an alien who has been 


admitted, that the alien is deportable under redesignated 


section 237.


      New section 240A establishes revised rules for the type 


of relief that is currently available to excludable and 


deportable aliens under section 212(c) and 244 (a)-(d). Senate 


amendment section 150 recedes to these House provisions, with 


modifications.


      Section 240A(a) provides that the Attorney General may 


cancel removal in the case of an alien lawfully admitted for 


permanent residence for not less than 5 years, if the alien has 


resided in the United States continuously for 7 years since 


being lawfully admitted in any status and has not been 


convicted of an aggravated felony. This provision is intended 


to replace and modify the form of relief now granted under 


section 212(c) of the INA.


      Section 240A(b)(1) provides that the Attorney General may 


cancel removal in the case of an alien who (1) has been 


physically present in the United States for a continuous period 


of at least 10 years immediately preceding the date of applying 


for such relief, (2) has been a person of good moral character, 


(3) has at no time been convicted of an offense that would 


render the alien inadmissible under section 212(a)(2)(A) or 


deportable under redesignated sections 237(a)(2) or 237(a) (3), 


and (4) establishes that removal would result in exceptional 


and extremely unusual hardship to the alien's spouse, parent, 


or child who is a citizen of the United States or an alien 


lawfully admitted for permanent residence.


      Section 240A(b)(1) replaces the relief now available 


under INA section 244(a) (``suspension of deportation''), but 


limits the categories of illegal aliens eligible for such 


relief and the circumstances under which it may be granted. The 


managers have deliberately changed the required showing of 


hardship from ``extreme hardship'' to ``exceptional and 


extremely unusual hardship'' to emphasize that the alien must 


provide evidence of harm to his spouse, parent, or child 


substantially beyond that which ordinarily would be expected to 


result from the alien's deportation. The ``extreme hardship'' 


standard has been weakened by recent administrative decisions 


holding that forced removal of an alien who has become 


``acclimated'' to the United States would constitute a hardship 


sufficient to support a grant of suspension of deportation. See 


Matter of O-J-O-, Int. Dec. 3280 (BIA 1996). Such a ruling 


would be inconsistent with the standard set forth in new 


section 240A(b)(1). Similarly, a showing that an alien's United 


States citizen child would fare less well in the alien's 


country of nationality than in the United States does not 


establish ``exceptional'' or ``extremely unusual'' hardship and 


thus would not support a grant of relief under this provision. 


Our immigration law and policy clearly provide that an alien 


parent may not derive immigration benefits through his or her 


child who is a United States citizen. The availability in truly 


exceptional cases of relief under section 240A(b)(1) must not 


undermine this or other fundamental immigration enforcement 


policies.


      Section 240A(b)(2) restates the provisions in current 


section 244(a)(3), enacted in section 40703(a)(3) of the 


Violent Crime Control and Law Enforcement Act of 1994. It 


provides that the Attorney General may cancel removal if the 


inadmissible or deportable alien has been subjected to extreme 


cruelty in the United States by a spouse or parent who is a 


United States citizen or lawful permanent resident; has been 


physically present in the United States for a continuous period 


of at least 3 years; has been a person of good moral character 


during such period; is not deportable or inadmissible on 


grounds related to criminal activity, national security, or 


marriage fraud; and establishes that removal would result in 


extreme hardship.


      Section 240A(b)(3) states that the Attorney General may 


adjust to the status of an alien lawfully admitted for 


permanent residence an alien who meets the requirements for 


cancellation of removal under section 240A(b) (1) or (2). The 


number of such adjustments shall not exceed 4,000 in any fiscal 


year.


      Section 240A(c) provides that the following categories of 


aliens shall not be eligible for cancellation of removal under 


subsections (a) and (b)(1): an alien who entered as a crewman 


after June 30, 1964; an alien who was admitted as a 


nonimmigrant exchange alien under 101(a)(15)(J) in order to 


receive graduate medical education; an alien who otherwise was 


admitted as a nonimmigrant exchange alien under section 


101(a)(15)(J), is subject to the two-year foreign residence 


requirement of section 212(e), and has not fulfilled that 


requirement or received a waiver; an alien who is inadmissible 


under section 212(a)(3) or deportable under redesignated 


section 237(a)(4) (national security and related grounds); an 


alien who is a persecutor as described in new section 


241(b)(3)(B)(i); or an alien who has previously been granted 


relief under this section, or under INA sections 212(c) or 


244(a) before the effective date of this Act.


      Section 240A(d) provides that the period of continuous 


residence or physical presence ends when an alien is served a 


notice to appear under section 239(a) (for the commencement of 


removal proceedings under section 240), or when the alien is 


convicted of an offense that renders the alien deportable from 


the United States, whichever is earliest. A period of 


continuous physical presence under section 240A(b) is broken if 


the alien has departed from the United States for any period of 


90 days, or for any periods in the aggregate exceeding 180 


days. The continuous physical presence requirement does not 


apply to an alien who has served 24 months in active-duty 


status in the United States armed forces, was in the United 


States at the time of enlistment or induction, and was 


honorably discharged.


      Section 240A(e) limits the granting of cancellation of 


removal and suspension of deportation under current section 244 


to not more than an aggregate total of 4,000 aliens per fiscal 


year. This limitation shall apply regardless of when the alien 


applied for such relief.


      New section 240B establishes new conditions for the 


granting of voluntary departure, currently governed by section 


242(b) and 244(e) of the INA. Senate amendment section 150 


recedes to these House provisions, with modifications.


      Section 240B(a) provides that the Attorney General may 


permit an alien voluntarily to depart the United States at the 


alien's expense in lieu of being subject to removal proceedings 


under section 240 or prior to the completion of such 


proceedings, if the alien is not deportable because of 


conviction for an aggravated felony or on national security and 


related grounds. Permission to depart voluntarily under this 


subsection shall not be valid for a period exceeding 120 days 


and an alien may be required to post a voluntary departure 


bond, to be surrendered upon proof that the alien has departed 


the U.S. within the time specified. No alien arriving in the 


United States for whom removal proceedings under section 240 


are instituted at the time of arrival is eligible for voluntary 


departure under this section. Such an alien may withdraw his or 


her application for admission to the United States in 


accordance with section 235(a)(4).


      Section 240B(b) provides that the Attorney General may 


permit an alien voluntarily to depart the United States at the 


conclusion of proceedings under section 240 if the alien has 


been physically present (before the notice to appear) for at 


least one year in the United States, the alien has been a 


person of good moral character for the 5 years preceding the 


application, the alien is not deportable because of conviction 


for an aggravated felony or on national security and related 


grounds, and the alien has established by clear and convincing 


evidence that the alien has the means to depart the United 


States and intends to do so. The period for voluntary departure 


cannot exceed 60 days and a voluntary departure bond is 


required.


      Section 240B(c) provides that an alien is not eligible 


for voluntary departure if the alien was previously granted 


voluntary departure after having been found inadmissible under 


section 212(a)(6)(A) (present without admission or parole).


      Section 240B(d) provides that if an alien is permitted to 


depart voluntarily and fails to do so, the alien shall be 


subject to a civil penalty of not less than $1,000 nor more 


than $5,000 and shall not be eligible for any further relief 


under this section or sections 240A, 245, 248, or 249 for a 


period of 10 years. The order granting voluntary departure 


shall inform the alien of these penalties.


      Section 240B(e) provides that the Attorney General may by 


regulation limit eligibility for voluntary departure for any 


class or classes of aliens.


      Section 304(c) of this Act amends INA section 242A (to be 


redesignated as section 238) to further streamline procedures 


for administrative deportation of certain criminal aliens.


      Section 305--Senate recedes to House section 305, with 


modifications. Subsection (a) of this section strikes section 


237, redesignates section 241 as section 237, and inserts a new 


section 241.


      New section 241 restates and revises provisions in 


current sections 237, 242, and 243 regarding the detention and 


removal of aliens.


      Section 241(a) provides that the Attorney General shall 


remove an alien within 90 days of the alien being ordered 


removed. This removal period shall begin when the alien's order 


is administratively final, when the alien is released from non-


immigration related detention or confinement, or, if the alien 


has appealed his order to a court and removal has been stayed, 


the date of the court's final order. The removal period is 


extended beyond 90 days if the alien refuses to apply for 


travel documents or takes other steps (other than appeals) to 


prevent removal.


      The alien shall be detained during the removal period. If 


the alien is not removed within 90 days, the alien shall be 


subject to supervision under conditions similar to those 


currently in section 242(d). An alien who has been ordered 


removed may be detained beyond the 90-day period if the alien 


is inadmissible under section 212, is removable under 


redesignated sections 237(a)(1)(c), 237(a)(2), or 237(a)(4), 


or, in the Attorney General's determination, is unlikely to 


comply with the order of removal or is a risk to the community.


      The Attorney General may not remove an alien who is 


sentenced to imprisonment until the alien is released, but 


parole, supervised release, probation, or the possibility of 


arrest are not grounds to defer removal. However, under section 


241(a)(4)(B), an alien may be removed prior to the completion 


of sentence if the alien has been convicted of a nonviolent 


offense (except for certain aggravated felonies) and removal of 


the alien is appropriate and in the best interests of the 


United States or of the State in whose custody the alien is 


held. There is no right of action against the United States or 


any State, or any officials thereof, to compel the release or 


removal of any alien under this provision.


      If an alien reenters the United States illegally after 


having been removed or departed voluntarily under an order of 


removal, the prior order of removal is reinstated and the alien 


shall be removed under the prior order, which shall not be 


subject to review. The alien is not eligible to apply for any 


relief under the INA.


      An alien who is subject to an order of removal may not be 


granted authorization to work in the United States unless there 


is no country willing to accept the alien, or the removal is 


otherwise impracticable or contrary to the public interest.


      Section 241(b) establishes the countries to which an 


alien may be removed. Subsection (b)(1) restates the provisions 


in current section 237(a); subsection (b)(2) restates the 


provisions in current sections 243 (a) and (b). Subsection 


(b)(3) restates, with some modifications, the provisions in 


current section 243(h) regarding withholding of deportation to 


a country where the alien's life or freedom would be 


threatened. Subsection (b)(3)(B) specifies that an alien is 


barred from this form of relief if, having been convicted of a 


particularly serious crime, the alien is a danger to the 


community. An aggravated felony or felonies for which the alien 


has been sentenced to an aggregate of 5 years imprisonment is 


deemed to be such a crime, but the Attorney General retains the 


authority to determine other circumstances in which an alien 


has been convicted of a particularly serious crime, regardless 


of the length of sentence.


      Section 241(c) provides that an alien arriving in the 


United States who is ordered removed shall be removed 


immediately by the vessel or aircraft that brought the alien, 


unless it is impracticable to do so or the alien is a stowaway 


who has been ordered removed by operation of section 235(b)(1) 


but has a pending application for asylum. This subsection also 


restates and revises the provisions in section 237(d) regarding 


stay of removal, and the provisions in section 237(a) regarding 


cost of detention and maintenance pending removal. These 


provisions make it clear that actual physical detention of an 


alien who has been permitted to land in the United States shall 


be the sole responsibility of the Attorney General and shall 


take place in INS facilities or contract facilities, even in 


cases where the liability for cost of detention is assigned to 


a private entity such as a carrier. It is expected that the 


rate of reimbursement charged to the carrier or other entity 


made responsible for the cost of detention of an alien shall be 


at the same per diem rate charged to the government for the 


cost of detention.


      In the case of an alien stowaway, the carrier shall be 


liable for the cost of detention incurred by the Attorney 


General. If the stowaway does not claim asylum, the only task 


is to arrange for the stowaway's departure from the United 


States. This could occur directly on the vessel of arrival, 


particularly in the case of aircraft. Due to commercial 


requirements, safety concerns, and other factors, it is often 


not practicable for the stowaway to be removed on the vessel of 


arrival, particularly in the case of commercial maritime 


vessels. For this reason, section 241(d)(2)(B) provides that an 


alien stowaway may be allowed to land in the United States for 


detention by the Attorney General or departure or removal of 


the stowaway. In such a case, the carrier shall be responsible, 


under section 241(c)(3)(A)(ii)(II), for the cost of detention 


by the Attorney General for the time reasonably necessary to 


arrange for repatriation or removal of the alien, including 


obtaining necessary travel documents. The carrier's liability 


shall not extend beyond the date on which it is ascertained 


that such travel documents cannot be obtained. It is expected 


that the carrier and the INS will work cooperatively in order 


to obtain such travel documents in an expeditious manner. In 


some circumstances, foreign governments do not cooperate in 


issuing such documents. Since circumstances in such cases vary, 


this legislation does not designate a time period beyond which 


the financial responsibility for continued detention shifts 


from the carrier to the INS. It is expected that the INS, 


through regulations or internal policy guidance, will set a 


reasonable time line and other criteria that will be applied 


uniformly in all INS districts. Such guidelines should include 


an obligation on the part of the carrier to continue efforts to 


obtain travel documents and make other arrangements for the 


departure of the stowaway from the United States.


      In the case of a stowaway who has claimed asylum and is 


being detained to pursue an application for asylum, the carrier 


shall be liable, under section 241(c)(3)(A)(ii)(III), for a 


period not to exceed 15 business days, excluding Saturdays, 


Sundays, and holidays. The 15-day period shall begin when the 


alien is determined, under section 235(b)(1), to have a 


credible fear of persecution and thus be eligible to apply for 


asylum, but not later than 72 hours after the actual arrival of 


the stowaway in the U.S. The 72-hour period is intended to 


provide adequate time for the Attorney General to determine if 


the stowaway has a credible fear of persecution and thus will 


be detained by the INS to pursue an asylum application. (As 


stated in new INA section 235(b)(1), this Act intends that the 


credible fear screening process, including administrative 


review, will ordinarily be completed within 24 hours or shortly 


thereafter. Additional time may be required in the case of a 


stowaway because of the unusual and sometimes dangerous 


circumstances in which a stowaway arrives in the United 


States.) Under no circumstances shall the carrier be required 


to reimburse the INS for a period of detention greater than 15 


business days, plus the portion of the initial 72-hour period 


required to determine if the stowaway is eligible to apply for 


asylum. The obligation of the carrier to pay for detention 


costs does not include an obligation for the carrier to pay for 


the cost of translators, legal counsel, or other assistance in 


preparing and presenting the stowaway's claim for asylum. It is 


expected that the INS will adopt, through regulations 


consistent with the provisions of this legislation, clear 


policy guidance regarding the conduct of interviews to 


determine if a stowaway has a credible fear of persecution.


      Section 241(d) restates the provisions in current section 


237(b) requiring the owner of the vessel or aircraft bringing 


an alien to the United States to comply with orders of an 


immigration officer regarding the detention or removal of the 


alien. This subsection also restates the provisions in section 


243(e) that any carrier (not limited to the carrier who has 


brought an alien) comply with an order of the Attorney General 


to remove to a specific destination an alien who has been 


ordered removed.


      Section 241(d) also revises and restates the requirements 


in section 273(d) regarding permission for a stowaway to land 


in the U.S. A carrier who has brought a stowaway shall, pending 


completion of the inspection of the stowaway, detain the 


stowaway on board the vessel or at another place designated by 


the INS. The carrier may not permit the stowaway to land except 


temporarily for medical treatment, for detention of the 


stowaway by the Attorney General, or for departure and removal 


of the stowaway. However, a carrier shall not be required to 


detain a stowaway who has been permitted to remain in the U.S. 


to pursue an application for asylum, who shall be detained by 


the Attorney General subject to the reimbursement requirements 


set forth in section 241(c). Furthermore, the Attorney General 


shall grant a timely request by a carrier to remove the 


stowaway on a vessel other than that on which the alien has 


arrived in the U.S., provided that the carrier pays the cost of 


removal and obtains all necessary travel documents. In this 


way, the stowaway can be rapidly repatriated to the country of 


origin, instead of being forced to remain on the vessel while 


it makes other ports of call.


      Section 241(e) restates the provisions in current 


sections 237(c) and 243(c) regarding the payment of expenses 


for removal of aliens who have been ordered removed.


      Section 241(f) restates the provisions in section 243(f) 


regarding the employment of persons to provide personal care to 


aliens requiring such care during the removal process.


      Section 241(g) amends and restates the authority in 


current section 242(c) for construction and operation of 


detention facilities. The amendment states that before the 


construction of new facilities, the Commissioner of the INS 


shall consider the availability of existing facilities for 


purchase or lease.


      Section 241(h) provides that nothing in section 241 shall 


be construed to create any substantive or procedural right or 


benefit that is legally enforceable against the United States, 


its agencies or officers, or any other person. This provision 


is intended, among other things, to prohibit the litigation of 


claims by aliens who have been ordered removed from the U.S. 


that they be removed at a particular time or to a particular 


place.


      Section 305(b) amends INA section 276(b) to establish a 


penalty of 10 years imprisonment for aliens who reenter the 


United States without authorization after having been removed 


prior to the completion of their term of imprisonment under new 


section 241(a)(4)(B).


      Section 306--Senate amendment sections 141(b) and 142 


recedes to House section 306, with modifications. This section 


amends INA section 242 to revise and restate the provisions in 


current section 106, which is repealed.


      Section 242(a) provides that a final order of removal, 


other than an order or removal under section 235(b)(1), is 


governed by chapter 158 of title 28. This is consistent with 


current section 106(a). This subsection also provides that, 


subject to the conditions stated in new section 242(e), no 


court shall have jurisdiction to review any individual 


determination or cause or claim arising from the implementation 


or operation of an order of removal under INA section 


235(b)(1), or to review, except as provided in subsection (e), 


a decision by the Attorney General to invoke section 235(b)(1), 


the application of such section to individual aliens (including 


the determination under section 235(b)(1)(B) regarding credible 


fear of persecution), or, except as provided in subsection (e), 


procedures and policies to implement section 235(b)(1). 


Individual determinations under section 235(b)(1) may only be 


reviewed under new subsection 242(e) (1)-(2).


      This subsection also bars judicial review (1) of any 


judgment whether to grant relief under section 212 (h) or (i), 


240A, 240B, or 245, (2) of any decision or action of the 


Attorney General which is specified to be in the discretion of 


the Attorney General (except a discretionary judgment whether 


to grant asylum as described in section 242(b)), or (3) of any 


decision in the case of an alien who, by virtue of having 


committed a criminal offense, is inadmissible under section 


212(a)(2) or deportable under redesignated section 237(a)(2) 


(with the exception of section 237(a)(2)(A)(i).


      Section 242(b) provides that a petition for review must 


be filed within 30 days after the final order of removal in the 


Federal court of appeals for the circuit in which the final 


order of removal under section 240 was entered. As provided in 


Senate amendment section 142, the filing of a petition does not 


stay the removal of the alien unless the court orders 


otherwise. As further provided in the Senate amendment, the 


alien shall serve and file a brief not later than 40 days after 


the final administrative record becomes available, and may file 


a reply brief not later than 14 days after service of the brief 


of the Attorney General. These deadlines may be extended for 


good cause. The petition shall be decided solely upon the 


administrative record and the administrative findings of fact 


are conclusive unless any reasonable adjudicator would be 


compelled to conclude to the contrary. A discretionary judgment 


of the Attorney General whether to grant asylum under section 


208 is conclusive unless manifestly contrary to law and an 


abuse of discretion. Judicial review of all questions of law 


and fact, including constitutional and statutory claims, 


arising out of an action to remove an alien from the United 


States, is available only as part of the judicial review of a 


final order of removal under this section.


      Section 242(b) also revises and restates the provisions 


in current section 106 regarding form, service, decisions about 


eligibility for admission, treatment of a petitioner's claim 


that he or she is a national of the United States, 


consolidation of motions to reopen and reconsider with orders 


of removal, challenges to the validity of orders of removal in 


criminal proceedings, and detention and removal of alien 


petitioners.


      Section 242(c) restates the provisions in the second 


sentence of subsection (c) of current section 106 that a 


petition for review must state whether a court has upheld the 


validity of an order of removal, and if so, identifying the 


court and date and type of proceeding.


      Section 242(d) restates the provisions in the first and 


third sentences of subsection (c) of current section 106 


requiring that a petitioner have exhausted administrative 


remedies and precluding a court from reviewing an order of 


removal that has been reviewed by another court absent a 


showing that the prior review was inadequate to address the 


issues presented in the petition, or that the petition presents 


new grounds that could not have been presented in the prior 


proceeding.


      Section 242(e) provides rules for judicial review of 


orders of removal under section 235(b)(1). No court shall have 


jurisdiction or authority to enter declaratory, injunctive, or 


other equitable relief against the operation of section 


235(b)(1) (other than that specifically authorized in this 


subsection), or to certify a class under Rule 23 of the Federal 


Rules of Civil Procedure in any action for which judicial 


review is authorized in this section. Except as provided in 


section 242(e)(3) (see next paragraph), judicial review is 


available in habeas corpus, limited to whether the petitioner 


is an alien, whether the petitioner was ordered removed under 


revised INA section 235(b)(1), and whether the petitioner can 


prove by a preponderance of the evidence that he or she is an 


alien lawfully admitted for permanent residence, or has been 


admitted as a refugee or granted asylum. If the court 


determines that the petitioner was not ordered removed under 


section 235(b)(1) or is an alien lawfully admitted for 


permanent residence or a refugee or asylee, the court may order 


no relief other than to require that the alien be provided a 


hearing under section 240. The habeas corpus proceeding shall 


not address whether the alien actually is admissible or 


entitled to any relief from removal.


      Section 242(e)(3) provides for limited judicial review of 


the validity of procedures under section 235(b)(1). This 


limited provision for judicial review does not extend to 


determinations of credible fear and removability in the case of 


individual aliens, which are not reviewable. Section 242(e)(3) 


provides that judicial review is available only in an action 


instituted in the United States District Court for the District 


of Columbia, and is limited to whether section 235(b)(1), or 


any regulations issued pursuant to that section, is 


constitutional, or whether the regulations, or a written policy 


directive, written policy guidance, or written procedures 


issued by the Attorney General are consistent with the INA or 


other law. Any action seeking such review must be filed within 


60 days of the implementation of the regulations, directive, 


guidance, or procedures.


      Section 242(f) provides that no court other than the 


Supreme Court shall have jurisdiction or authority to enjoin or 


restrain the operation of the provisions in chapter 4 of Title 


II of the INA, as amended by this legislation, other than with 


respect to the application of the provisions to an individual 


alien against whom removal proceedings have been initiated. 


Section 242(g) provides that no court shall have jurisdiction 


to hear any cause or claim on behalf of any alien arising from 


the decision of the Attorney General to commence proceedings, 


adjudicate cases, or execute removal orders against any alien.


      Section 306(b) of this Act repeals INA section 106. 


Section 306(c) establishes that the amendments in subsections 


(a) and (b) shall apply to all final orders of exclusion, 


deportation, or removal, and all motions to reopen or 


reconsider, filed on or after the date of enactment of this 


Act. The jurisdictional bar in new section 242(g) shall apply 


without limitation to all past, pending, or future exclusion, 


deportation, or removal proceedings under the INA. Section 


306(d) makes a technical amendment to sections 440 (a), (c), 


(d), (g), and (h) of the Antiterrorism and Effective Death 


Penalty Act of 1996, Public Law 104-132, 110 Stat. 1214 (April. 


24, 1996) (Public Law 104-132) (``AEDPA''), to clarify the 


circumstances in which aliens with multiple criminal 


convictions are barred from relief or subject to special 


procedures to effect their removal from the United States.


      Section 307--Senate recedes to House section 307. Section 


307(a) amends INA section 243(a) to restate the provisions in 


current INA section 242(e) regarding penalties for failure to 


depart within 90 days of the order of removal. New section 


243(b) restates the provisions in the third (and final) 


sentence of current INA section 242(d) regarding penalties for 


failure to comply with the terms of release under supervision 


pursuant to section 241(a)(3) (currently the first two 


sentences of section 242(d)). New section 243(c) restates the 


provisions in the second and third sentences of current section 


237(d) and the final clause of current section 243(e) regarding 


penalties for failure to comply with an order to remove an 


alien from the United States, including civil money penalties 


and limitations on the clearance of vessels. New section 243(d) 


revises and restates the provisions in current section 243(g) 


regarding sanctions against a country that refuses to accept an 


alien ordered removed who is a citizen, subject, national, or 


resident of that country. Under the amendment, the Secretary of 


State shall order that the issuance of both immigrant and 


nonimmigrant visas to citizens, nationals, subjects, or 


nationals of that country be suspended until the country has 


accepted the alien.


      Section 308--Senate recedes to House section 308. This 


section makes a series of redesignations and conforming 


amendments in addition to those made in other sections. (The 


following list includes amendments made in other sections).


            Current section 232 is redesignated as section 


        232(a).


            Current section 234 is redesignated as section 


        232(b).


            Current section 238 is redesignated as section 233.


            Current section 240 is redesignated as section 


        240C.


            Current section 242A is redesignated as section 


        238, with conforming amendments.


            Current section 242B is stricken.


            Current section 244 is stricken.


            Current section 244A is redesignated as section 


        244.


      The provisions in current section 237(e) regarding the 


removal of an arriving alien who is helpless from sickness or 


mental or physical disorder are restated as a new section 


232(c). Section 212(a)(10)(B), the redesignated ground of 


inadmissibility for an alien who is ordered to accompany such a 


helpless alien during removal, also is amended to conform to 


the amendments in new section 232(c).


      Section 273(a) is amended by adding a new paragraph (2) 


to restate the provisions in current section 237(b)(5) 


prohibiting a carrier from taking any consideration contingent 


on whether an alien is admitted to or ordered removed from the 


U.S. Section 273(d) is repealed.


      Section 309--Senate recedes to House section 309. This 


section establishes general effective dates and transition 


provisions for the amendments made by this subtitle. Subsection 


(a) provides that, except as otherwise provided, the changes 


made in this subtitle shall take effect on the first day of the 


first month beginning more than 180 days after the date of 


enactment. Subsection (b) provides that the Attorney General 


shall promulgate regulations to carry out this subtitle at 


least 1 month before the effective date in subsection (a). 


Subsection (c) provides for the transition to new procedures in 


the case of an alien already in exclusion or deportation 


proceedings on the effective date. In general, the amendments 


made by this subtitle shall not apply and the proceedings 


(including judicial review) shall continue to be conducted 


without regard to such amendments. The Attorney General may 


elect to apply the new procedures in a case in which an 


evidentiary hearing under current section 236 (exclusion) or 


sections 242 and 242B (deportation) has not been commenced as 


of the effective date. The Attorney General shall provide 


notice of such election to the alien, but the prior notice of 


hearing and order to show cause served upon the alien shall be 


effective to retain jurisdiction over the alien.


      The Attorney General also may elect, in a case in which 


there has been no final administrative decision, to terminate 


proceedings without prejudice to the Attorney General's ability 


to initiate new proceedings under the amendments made by this 


subtitle. Determinations in the terminated proceeding shall not 


be binding in the new proceeding.


      This subsection also provides that in the case where a 


final order of exclusion or deportation is entered more than 30 


days after the date of enactment and before the Title III-A 


effective date (180 days after enactment), transitional rules 


similar to those established in section 305 of this Act 


(revised INA section 241) shall apply to petitions for judicial 


review filed prior to the Title III-A effective date. Under 


these transitional rules, all judicial review, both of 


exclusion and deportation decisions, shall be by petition for 


review to the court of appeals for the judicial circuit in 


which the final administrative order was entered. The petition 


for review also must be filed not later than 30 days after the 


final order of exclusion or deportation. The new limitations on 


appeals in the case of claims for discretionary relief or in 


the case of criminal aliens, and the new rule providing for no 


automatic stay of removal, are to take effect in all cases for 


which a final order of exclusion, deportation, or removal is 


entered after the date of enactment. Regardless of the date of 


entry of the final order of exclusion or deportation, if the 


petition for review is filed after the Title III-A effective 


date, then the permanent changes made by section 306 of this 


bill shall apply exclusively to such petition for review.


      The rules under new section 240A(d) (1) and (2) regarding 


continuous physical presence in the United States as a 


criterion for eligibility for cancellation of removal shall 


apply to any notice to appear (including an Order to Show Cause 


under current section 242A) issued after the date of enactment 


of this Act.





                 subtitle b--criminal alien provisions





      Section 321--House section 802 recedes to Senate 


amendment section 161. This section amends INA section 


101(a)(43) (as amended by section 440(e)) of the AEDPA (Public 


Law 104-132)), the definition of ``aggravated felony,'' by: 


adding crimes of rape and sexual abuse of a minor; lowering the 


fine threshold for crimes relating to money laundering and 


certain illegal monetary transactions from $100,000 to $10,000; 


lowering the imprisonment threshold for crimes of theft, 


violence, racketeering, and document fraud from 5 years to 1 


year; and lowering the loss threshold for crimes of tax evasion 


and fraud and deceit from $200,000 to $10,000. This section 


also adds new offenses to the definition relating to gambling, 


bribery, perjury, revealing the identity of undercover agents, 


and transporting prostitutes. It deletes the requirement that a 


crime of alien smuggling be for commercial advantage in order 


to be considered an aggravated felony, but exempts a first 


offense involving solely the alien's spouse, child or parent. 


The amendment provides that the amended definition of 


``aggravated felony'' applies to offenses that occurred before, 


on, or after the date of enactment.


      This section also provides, in section 321(c), that there 


shall be no ex post facto application of this amended 


definition in the case of prosecutions under INA section 276(b) 


(for illegal re-entry into the United States after deportation 


when the deportation was subsequent to a conviction for an 


aggravated felony). Thus, an alien whose deportation followed 


conviction for a crime or crimes, none of which met the 


definition of aggravated felony under INA section 101(a)(43) 


prior to the enactment of this bill, but at least one of which 


did meet the definition after such enactment, may only be 


prosecuted under INA section 276(b) for an illegal entry that 


occurs on or after the date of enactment of this bill.


      Section 322--Senate recedes to House section 351. This 


section amends section 101(a) of the INA to add a new paragraph 


(48), defining conviction to mean a formal judgment of guilt 


entered by a court. If adjudication of guilt has been withheld, 


a judgment is nevertheless considered a conviction if (1) the 


judge or jury has found the alien guilty or the alien has 


pleaded guilty or nolo contendere and (2) the judge has imposed 


some form of punishment or restraint on liberty. This section 


also provides that any reference in the INA to a term of 


imprisonment or sentence shall include any period of 


incarceration or confinement ordered by a court of law 


regardless of any suspension of the imposition or execution of 


that imprisonment or sentence.


      This section deliberately broadens the scope of the 


definition of ``conviction'' beyond that adopted by the Board 


of Immigration Appeals in Matter of Ozkok, 19 I&N Dec. 546 (BIA 


1988). As the Board noted in Ozkok, there exist in the various 


States a myriad of provisions for ameliorating the effects of a 


conviction. As a result, aliens who have clearly been guilty of 


criminal behavior and whom Congress intended to be considered 


``convicted'' have escaped the immigration consequences 


normally attendant upon a conviction. Ozkok, while making it 


more difficult for alien criminals to escape such consequences, 


does not go far enough to address situations where a judgment 


of guilt or imposition of sentence is suspended, conditioned 


upon the alien's future good behavior. For example, the third 


prong of Ozkok requires that a judgment or adjudication of 


guilt may be entered if the alien violates a term or condition 


of probation, without the need for any further proceedings 


regarding guilt or innocence on the original charge. In some 


States, adjudication may be ``deferred'' upon a finding or 


confession of guilt, and a final judgment of guilt may not be 


imposed if the alien violates probation until there is an 


additional proceeding regarding the alien's guilt or innocence. 


In such cases, the third prong of the Ozkok definition prevents 


the original finding or confession of guilt to be considered a 


``conviction'' for deportation purposes. This new provision, by 


removing the third prong of Ozkok, clarifies Congressional 


intent that even in cases where adjudication is ``deferred,'' 


the original finding or confession of guilt is sufficient to 


establish a ``conviction'' for purposes of the immigration 


laws. In addition, this new definition clarifies that in cases 


where immigration consequences attach depending upon the length 


of a term of sentence, any court-ordered sentence is considered 


to be ``actually imposed,'' including where the court has 


suspended the imposition of the sentence. The purpose of this 


provision is to overturn current administrative rulings holding 


that a sentence is not ``actually imposed'' in such cases. See 


Matter of Castro, 19 I&N Dec. 692 (BIA 1988); In re Esposito, 


Int. Dec. 3243 (BIA, March 30, 1995).


      Section 323--Senate recedes to House section 363. This 


section amends section 263(a) to authorize the registration by 


the Attorney General of aliens who are or who have been on 


criminal probation or criminal parole within the U.S.


      Section 324--House recedes to Senate amendment section 


156(b). This section amends INA section 276(a)(1) to extend 


criminal liability for an alien who reenters the United States 


without authorization to an alien who has departed the United 


States while an order of exclusion or deportation is 


outstanding.


      Section 325--House recedes to Senate amendment section 


170B. This section amends section 2424 of title 18 to expand 


the registration requirements for those who control or harbor 


alien prostitutes to require earlier filing and to cover aliens 


of all nationalities.


      Section 326--Senate recedes to House section 361. This 


section amends section 130002(a) of the Violent Crimes Control 


and Law Enforcement Act of 1994 (VCCLEA) to require that the 


criminal alien identification system be used to assist Federal, 


State, and local law enforcement agencies in identifying and 


locating aliens who may be removable on account of criminal or 


other grounds. The system shall provide for recording of 


fingerprints of aliens previously arrested and removed into 


appropriate automated identification systems.


      Section 327--House recedes to Senate amendment section 


313. This section amends section 130002(b) of VCCLEA (criminal 


alien tracking center) to establish an authorization for 


appropriations of $5 million per year for each of fiscal years 


1997 through 2001.


      Section 328--Senate recedes to House section 305(b) and 


843, with modifications. This section amends redesignated INA 


section 241(i) to provide that funds under the State Criminal 


Alien Assistance Program may be used for the costs of 


imprisonment of criminal aliens in a State or local prison or 


jail, including a jail operated by a municipality. This section 


also states the sense of Congress that SCAAP funds be 


distributed on a more expeditious basis. The managers 


anticipate that States will consult with counties and 


municipalities regarding their respective costs of detaining 


illegal aliens.


      Section 329--Senate amendment section 170D recedes to 


House section 356. This section provides authorization for the 


Attorney General to conduct a 6-month pilot project to identify 


criminal aliens incarcerated in local governmental prison 


facilities in Anaheim, California.


      Section 330--House section 360 recedes to Senate 


amendment section 170. This section advises the President to 


negotiate and renegotiate bilateral prisoner transfer treaties 


to expedite the transfer to their countries of nationality of 


aliens subject to incarceration who are unlawfully in the 


United States or are subject to deportation or removal. The 


negotiations are to ensure that a transferred prisoner serves 


the balance of the sentence imposed by the United States, and 


to eliminate any requirement of prisoner consent to such 


transfer. The President shall submit an annual certification to 


the Committees on the Judiciary of the Senate and the House of 


Representatives, on whether each prisoner transfer treaty in 


force is effective in returning criminal aliens to their 


countries of nationality.


      Section 331--House recedes to Senate amendment section 


170A. This section requires the Secretary of State and Attorney 


General, within 180 days of the date of enactment, to submit to 


the Committees on the Judiciary of the Senate and the House of 


Representatives a report describing the use and effectiveness 


of the prisoner transfer treaties with the three countries with 


the greatest number of their nationals incarcerated in the 


United States. This section specifies information that shall be 


provided in such report, and requires the report to include 


recommendations to increase the effectiveness and use of, and 


compliance with, such treaties.


      Section 332--House recedes to Senate amendment section 


168. This section requires the Attorney General, not later than 


12 months after the date of enactment, to issue a report 


detailing populations of alien felons incarcerated in Federal 


and State prisons, and programs and plans to remove such aliens 


who are inadmissible or deportable, and to prevent their 


illegal reentry into the United States.


      Section 333--House recedes to Senate amendment section 


320. This section requires the United States Sentencing 


Commission to review and amend current guidelines applicable to 


offenders convicted of conspiring with or aiding and abetting 


an alien in committing an offense under section 1010 of the 


Controlled Substance Import and Export Act (21 U.S.C. 960).


      Section 334--Senate recedes to House section 357. House 


recedes to Senate amendment section 156(b). This section 


instructs the Sentencing Commission to promptly promulgate 


amendments to the sentencing guidelines to reflect the 


amendments made in section 130001 and 130009 of the Violent 


Crime Control and Law Enforcement Act of 1994.





     Subtitle C--Revision of Grounds for Exclusion and Deportation





      Section 341--Senate recedes to House section 301(f). This 


subsection amends INA section 212(a)(1)(A) by adding a new 


clause (ii), making inadmissible any alien who seeks admission 


as an immigrant who does not present evidence of vaccination 


against mumps, measles, rubella, polio, tetanus and diphtheria 


toxoids, pertussis, influenza type B and hepatitis B, and any 


other vaccinations recommended by the Advisory Committee for 


Immunization Practices. This subsection also provides that this 


new ground of inadmissibility may be waived if the alien 


receives the required vaccination, if a civil surgeon or 


similar official designated in 42 CFR 34.2 certifies that the 


vaccination would not be medically appropriate, or, if the 


vaccination would be contrary to the alien's religious or moral 


beliefs. It is anticipated that this waiver authority would be 


exercised in appropriate cases to permit admission of aliens 


where, for example, an alien has been unable to receive a safe 


dosage or vaccine in the alien's country of nationality, the 


alien is a child who is required to complete a series of 


vaccinations over a course of time and has not had a reasonable 


opportunity to complete that course, or the alien is an active 


member of a religious faith that notifies the Attorney General 


that such vaccinations would contradict the fundamental tenets 


of such religion.


      Section 342--House recedes to Senate section 158. This 


section amends the terrorist exclusion ground, section 


212(a)(3)(B), to make inadmissible an alien who, with the 


intent to cause death or serious bodily harm, has incited 


terrorist activity.


      Section 343--House section 811 recedes to Senate 


amendment section 155. This section amends section 212(a)(5) to 


make inadmissible to the United States any alien seeking 


admission for employment as a health-care worker unless the 


alien presents a certificate from the Commission on Graduates 


of Foreign Nursing Schools or an equivalent independent 


credentialing organization (approved by the Attorney General in 


consultation with the Secretary of Health and Human Services) 


verifying the alien's training, licensing, and experience, as 


well as a level of competency in English appropriate to the 


position in which the alien will be employed.


      Notwithstanding any international trade agreements or 


treaties, a ``health care worker'' subject to prescreening 


under this section should include any alien seeking an 


immigrant or nonimmigrant visa as a nurse, physical therapist, 


occupational therapist, speech-language pathologist, medical 


technologist and technician, physician assistant, or other 


occupations designated in regulations. The Attorney General 


should not approve a credentialing organization unless the 


organization is independent and free of material conflicts of 


interest regarding whether an alien receives a visa. The 


organization also should demonstrate an ability to evaluate 


both the foreign credentials appropriate for the profession and 


the results of examinations for proficiency in English 


appropriate for the health care of the kind in which the alien 


will be engaged, and maintain comprehensive and current 


information on foreign educational institutions, ministries of 


health and foreign health care licensing jurisdictions. In 


addition, because this provision contemplates that alien 


health-care workers be screened before they arrive in the 


United States, such organizations should demonstrate an ability 


to conduct examinations outside the United States.


      Section 344--House recedes to Senate amendment section 


216. This section amends INA section 212(a)(6)(C) and 241(a)(3) 


to create new grounds of inadmissibility and deportability in 


the case of an alien who falsely represents himself to be a 


citizen of the United States.


      Section 345--Senate recedes to House section 362, with 


modifications. Subsection (a) of this section amends 


subparagraph 212(a)(6)(F) and adds a new paragraph 212(d)(12), 


to provide that an alien who is inadmissible for having been 


subject to a final order for a violation of section 274C (civil 


document fraud) may have the ground of inadmissibility waived 


if the alien is a lawful permanent resident or an alien seeking 


admission as a family-sponsored or employment-based immigrant, 


and, if no civil money penalty had been imposed, the final 


order resulted from an offense that was committed solely to 


assist an individual who at the time of the document fraud 


offense was the alien's spouse or child (and not another 


individual). This statutory language makes clear that the 


family relationship must exist at the time of the civil 


document fraud offense, not merely at the time the application 


for the waiver is filed.


      Subsection (b) amends subparagraph 241(a)(3)(C) (prior to 


redesignation as section 237(a)(3)(C)) to provide a similar 


waiver for an alien who is deportable due to a section 274C 


violation. The same limitations on family relationship are to 


apply. No court shall have jurisdiction to review a decision 


whether or not to grant a waiver under either of these 


subsections.


      Section 346--House recedes to Senate amendment section 


214(b), with modifications. This section amends INA section 


212(a)(6) to add a new subparagraph (G), making inadmissible 


for 5 years any alien who obtains a visa as a nonimmigrant 


student under section 101(a)(15)(F)(i) and who violates a term 


or condition of the nonimmigrant status.


      Section 347--House recedes to Senate amendment sections 


217(b) and 217(c). This section adds new sections 212(a)(10)(F) 


and 241(a)(7) creating, respectively, new grounds of 


inadmissibility and deportability in the case of an alien who 


has voted in an election in violation of any Federal, State, or 


local constitutional provision, statute, ordinance, or 


regulation.


      Section 348--Senate recedes to House section 301(h), with 


modifications. This section amends INA section 212(h) to limit 


waivers granted under that provision in the case of an 


immigrant previously admitted to the United States. An alien is 


ineligible for such a waiver if, since admission as a lawful 


permanent resident, the alien has been convicted of an 


aggravated felony, or if the alien has not lawfully resided in 


the United States for a continuous period of 7 years prior to 


notification to the alien of the initiation of proceedings to 


remove the alien from the United States. The managers intend 


that the provisions governing continuous residence set forth in 


INA section 240A as enacted by this legislation shall be 


applied as well for purposes of waivers under INA section 


212(h).


      Section 349--Senate recedes to House section 301(d), with 


modifications. This subsection revises INA section 212(i) to 


provide that the ground of inadmissibility under section 


212(a)(6)(C) (fraud and misrepresentation) may be waived in the 


case of a spouse, son, or daughter of a United States citizen 


or of a lawful permanent resident, if the refusal of admission 


would result in extreme hardship to the citizen or lawfully 


resident spouse or parent. No court shall have jurisdiction to 


review a decision regarding such a waiver.


      Section 350--House recedes to Senate amendment section 


218 with modifications. This section amends INA section 


241(a)(2) (prior to redesignation as section 237(a)(2)) to 


provide that an alien convicted of crimes of domestic violence, 


stalking, or child abuse is deportable. The crimes of rape and 


sexual abuse of a minor are elsewhere classified as aggravated 


felonies under INA section 101(a)(43), thus making aliens 


convicted of those crimes deportable and ineligible for most 


forms of immigration benefits or relief from deportation.


      Section 351--This section amends INA sections 212(d)(11) 


and 241(a)(1)(E)(iii), regarding waivers, respectively, of 


excludability and deportability in the case of an alien who has 


engaged in alien smuggling if the act of smuggling was solely 


to aid certain close family members. The amendment clarifies 


that the family relationship must exist at the time of the act 


of smuggling. Thus, an alien does not qualify for the waiver if 


the spousal or parent-child relationship is established after 


the offense, but prior to the date of application for the 


waiver. The managers specifically disapprove of and intend to 


override the recent contrary holding of the Board of 


Immigration Appeals. See Matter of Farias, Int. Dec. 3269 (BIA 


1996).


      Section 352--Senate recedes to House section 301(e), with 


modification to make the ground of inadmissibility applicable 


to those who renounce citizenship after enactment.


      Section 353--This section identifies other sections of 


this Act that make changes to grounds of inadmissibility or 


deportability.





                Subtitle D--Removal of Alien Terrorists





      Section 354--Senate recedes to House section 321, with 


modifications. This section amends INA section 504, as enacted 


by section 401 of AEDPA (Public Law 104-132), to provide, among 


other things, that the special deportation procedures employed 


in the case of an alien terrorist may proceed in the event that 


no summary of classified evidence being used against the alien 


can be provided to the alien without disclosing classified 


information. In such circumstances, a special attorney shall be 


appointed for the alien (in addition to the attorney who may 


have been appointed to represent the alien in the main 


proceedings). The special attorney shall be entitled to review 


the classified evidence that is not disclosed or summarized for 


the alien, but may not disclose that information to any other 


person, including to the alien.


      Section 355--Senate recedes to House section 331, with 


modifications. This section amends INA section 


212(a)(3)(B)(i)(IV) as inserted by section 411(1)(C) of AEDPA 


to clarify that when a member of an organization which engages 


in or actively supports or advocates terrorist activity is 


excludable from the United States.


      Section 356--Senate recedes to House section 331, with 


modifications. This section amends section 219(b), as added by 


section 302(a) of AEDPA, to clarify the standard for judicial 


review of a designation of an organization as a terrorist 


organization.


      Section 357--Senate recedes to House section 332. This 


section clarifies that relief under INA section 244(e)(2) 


(voluntary departure) is not available to an alien in 


proceedings under Title V of the INA, as inserted by AEDPA.


      Section 358--This section provides that the effective 


date for the provisions in this subtitle shall be effective as 


if included in the enactment of subtitle A of title IV of 


AEDPA, as enacted on April 24, 1996.





                  Subtitle E--Transportation of Aliens





      Section 361--Senate amendment section 151(a) recedes to 


House section 341. This section amends INA section 101 to add a 


new paragraph (47), defining ``stowaway'' to mean any alien who 


obtains transportation without consent including through 


concealment. A passenger who boards with a valid ticket is not 


to be considered a stowaway.


      Section 362--Senate recedes to House amendment section 


343. This section amends INA section 238, before redesignation 


as section 233, to clarify that the authority of the INS to 


enter into contracts with carriers who transport aliens to the 


United States applies regardless of the point of departure of 


such aliens, and is not limited to departures from contiguous 


territories. The authority also is extended to cover 


transportation by rail.





                   Subtitle F--Additional Provisions





      Section 371--Senate amendment section 183 recedes to 


House section 352, with modifications. Subsection (a) amends 


paragraph (4) of section 101(b) to replace the definition of 


``special inquiry officer'' with a definition of ``immigration 


judge'': an attorney designated by the Attorney General as an 


administrative judge within the Executive Office for 


Immigration Review to conduct proceedings, including 


proceedings under section 240. Subsection (b) substitutes the 


term ``immigration judge'' for ``special inquiry officer'' 


wherever it appears in the INA.


       Subsection (c) establishes a four-level pay scale for 


immigration judges, beginning at 70 percent and reaching 92 


percent of the next-to-highest rate of basic pay for the Senior 


Executive Service.


      Section 372--House recedes to Senate amendment section 


171(c). This section amends INA section 103(a) to provide that 


in the event of a mass influx of aliens off the coast of the 


United States or at a land border, the Attorney General may 


authorize a State or local law enforcement officer, with the 


consent of the officer's superiors, to perform duties of 


immigration officers under the INA.


      Section 373--House recedes to Senate amendment section 


329. This section amends INA section 103(a) to clarify the 


authority of the Attorney General to use appropriated funds for 


the care and security of individuals detained by the Service 


through agreements with State and local governments. This 


provision also grants authority for the Attorney General to 


contract with State and local authorities for construction, 


renovation, and acquisition of equipment in support of the 


detention of aliens held by the INS in State and local 


facilities.


      Section 374--House recedes to Senate amendment section 


165(a)(2)(A), with modifications, and Senate amendment section 


167. This section extends the authority for judicial 


deportation under INA section 242A(c) (redesignated as section 


238(c)) to any case in which an alien is deportable. This 


section also clarifies that no denial of a request for a 


judicial order of deportation (including a decision on the 


merits) shall preclude the Attorney General from initiating 


deportation proceedings before an immigration judge on the same 


or different ground of deportability. Finally, this section 


permits the entry of a stipulated order of deportation as part 


of a plea agreement.


      Section 375--House recedes to Senate amendment section 


181. This section amends INA section 245(c) to make ineligible 


for adjustment of status aliens who are not in lawful 


nonimmigrant status, who have violated the terms of their 


nonimmigrant visa, or who have engaged in unauthorized 


employment.


      Section 376--Senate recedes to House section 808, with 


modifications. This section amends INA section 245(i) to 


provide that an alien applying for adjustment of status under 


this provision shall pay a fee of $1,000, not less than $800 of 


which shall be paid into an Immigration Detention Account. This 


section also amends INA section 286 to provide for creation and 


operation of the Immigration Detention Account.


      Section 377--House recedes to Senate amendment section 


180. This section amends INA section 245A to put an end to 


litigation seeking to extend the amnesty provisions of the 


Immigration Reform and Control Act of 1986, and to limit claims 


under that section to aliens who in fact filed an application 


for legalization under that section within the prescribed time 


limits, or attempted to do so but their application was refused 


by an immigration officer.


      Section 378--Senate amendment section 176 recedes to 


House section 353. This section amends section 246(a) of the 


INA to clarify that the Attorney General is not required to 


rescind the lawful permanent resident status of a deportable 


alien separate and apart from the removal proceeding under 


section 240.


      Section 379--House recedes to Senate amendment section 


323, with modifications. This section amends sections 274A and 


274C to clarify when the decision and order of an 


administrative law judge under these sections becomes final.


      Section 380--Senate amendment section 143(a) recedes to 


House section 354. This section adds a new section 274D to the 


INA, providing that aliens under an order of removal who 


willfully fail to depart or to take actions necessary to permit 


departure (e.g., apply for travel documents) are subject to a 


civil penalty of up to $500 for each day in violation. This 


section would not diminish the criminal penalties at section 


243(a) (for failure to depart) or at any other section of the 


INA.


      Section 381--Senate recedes to House section 355. This 


section clarifies that the grant of jurisdiction under section 


279 of the INA is to permit the Government to institute 


lawsuits for enforcement of provisions of the INA, not for 


private parties to sue the Government. This has no effect on 


other statutory or constitutional grounds for private suits 


against the Government.


      Section 382--Senate recedes to House section 359. This 


section amends section 280(b) to provide for establishment of 


an Immigration Enforcement Account, into which shall be 


deposited the civil penalties collected under sections 240B(d), 


274C, 274D, and 275(b), as amended by this bill. The collected 


funds shall be used for specified immigration enforcement 


purposes.


      Section 383--House recedes to Senate amendment section 


319, with modifications. This section amends section 301 of the 


Immigration Act of 1990 to exclude from ``family unity'' 


protection aliens who have committed certain serious offenses 


while juveniles.


      Section 384--Senate amendment section 331 recedes to 


House section 364, with modifications. This section provides 


that the Attorney General shall not make an adverse 


determination of admissibility or deportability against an 


alien or an alien's child, using information furnished solely 


by certain individuals who have battered or subjected to 


extreme cruelty that alien or that alien's child, unless the 


alien has been convicted of a crime identified in redesignated 


section 237(a)(2). Neither shall the Attorney General permit 


use by, or disclosure to any person (other than an officer of 


the Department of Justice for official and certain other 


designated purposes) of any information that relates to an 


alien who is the beneficiary of an application for relief 


(which has not been denied) under section 204(a)(1) (A) and (B) 


(self-petition for immigrant visa by alien who has been 


battered or subject to extreme cruelty), section 216(c)(4)(C) 


(hardship waiver allowing removal of conditional permanent 


resident status based on qualifying marriage because alien 


spouse or child has been subject to battery or extreme 


cruelty), or section 244(a)(3) (suspension of deportation for 


alien spouse or child who has been subject to battery or 


extreme cruelty). Civil penalties are established for willful 


violations.


      Section 385--Senate amendment section 148 recedes to 


House section 358. This section authorizes to be appropriated 


beginning in fiscal year 1996 the sum of $150,000,000 for costs 


associated with the removal of inadmissible or deportable 


aliens, including costs of detention of such aliens pending 


their removal. This section is intended to authorize sufficient 


funds in fiscal year 1996 for the hiring of 475 detention and 


deportation officers and support personnel and 475 


investigators and support personnel.


      Section 386--Subsection (a): House section 303(b) recedes 


to Senate amendment section 106. This section requires, subject 


to appropriations, an increase in INS detention facilities to 


9,000 beds by the end of FY 1997. Subsection (b): House recedes 


to Senate amendment section 182, with modifications. This 


subsection requires that within 6 months of the date of 


enactment, and every 6 months thereafter, the Attorney General 


shall submit a report to the Committees on the Judiciary of the 


Senate and the House of Representatives estimating the amount 


of detention space that will be required in the current fiscal 


year, and in each of the succeeding 5 fiscal years, to detain 


all aliens required to be detained under INA sections 236(c) 


(as amended by section 303(a) of this Act) and 241(a) (as 


amended by section 305(a) of this Act), to detain other illegal 


aliens in accordance with the detention priorities of the 


Attorney General, and to detain all inadmissible and deportable 


aliens subject to proceedings under INA sections 235(b) (1) or 


(2), 238, and 240. The report also shall include other 


specified information regarding the release of criminal aliens 


and other illegal aliens into the community.


      Section 387--Senate amendment section 153 recedes to 


House section 112. This subsection requires a pilot program to 


determine the feasibility of using military bases available as 


a result of base closure laws as INS detention centers, and 


specifies that in selecting real property at a military base 


for such purpose, the Attorney General and Secretary of Defense 


consult with the redevelopment authority established for the 


base and give substantial deference to the redevelopment plan 


for the base. This section also requires a report not less than 


30 months after enactment to the Committees on the Judiciary of 


the House of Representatives and the Senate on the feasibility 


of using closed military facilities as INS detention centers.


      Section 388--Section 437 of AEDPA (Public Law 104-132), 


requires the Attorney General to implement within 180 days of 


enactment a program to repatriate aliens who have illegally 


entered the United States not less than 3 times, and who are 


being removed to a country contiguous to the United States, to 


a location not less than 500 kilometers from that country's 


border with the United States. In light of this enactment, the 


pilot programs in House section 111 and Senate amendment 


section 152 are unnecessary. The Senate recedes to House 


section 111(b), requiring a report to the Committees on the 


Judiciary of the House of Representatives and Senate regarding 


interior repatriation, with modification to refer to the 


mandate in section 437 of AEDPA.





        Title IV--Enforcement of Restrictions Against Employment





   Subtitle A--Pilot Programs for Employment Eligibility Confirmation





      Sections 401 through 405--Senate amendment sections 111-


115 recede to House section 401, with modifications. Subtitle A 


sets up three pilot programs of employment eligibility 


confirmation which will last four years each. These programs 


generally will be operated according to the pilot program 


procedures set out in House section 401. Participation in the 


pilot programs will be voluntary on the part of employers, 


except with regard to the executive and legislative branches of 


the Federal Government and certain employers who have been 


found to be in violation of certain sections of the Immigration 


and Nationality Act. Volunteer employers may have their 


elections apply to all hiring in all State(s) in which a pilot 


program is operating, or to their hiring in only one or more 


pilot program States or places of hiring within any such 


States. The Attorney General may reject elections or limit 


their applicability where the pilot program would have 


insufficient resources available to allow the company to 


participate in the pilot to the extent desired. The Attorney 


General may permit a participating employer to have its 


election apply to hiring in States in which the chosen pilot 


program is not otherwise operating (if the State meets the 


requirements of the pilot program). If an electing employer 


fails to comply with its obligations under a pilot program, 


such as by not complying with the program requirements for all 


new employees covered by its election, the Attorney General may 


terminate the employer's participation in the pilot program. An 


employer may also choose to terminate its participation (in 


such form and manner as the Attorney General may specify). If 


an employer required to participate in a pilot program fails to 


comply, such failure will be treated as a paperwork violation 


of the Immigration and Nationality Act's employment 


verification requirement, and a rebuttable presumption will 


arise that the employer has hired aliens knowing that they are 


unauthorized to work in the United States.


      An employer participating in a pilot program who receives 


confirmation of an employee's identity and employment 


eligibility under the program will benefit from a rebuttable 


presumption that the employer has not hired an alien knowing 


the alien is unauthorized to work. Also, the Attorney General 


shall designate one or more individuals in each INS District 


Office for a Service District in which a pilot program is being 


implemented to assist employers in electing and participating 


in the program, and in more generally complying with INA 


section 274A.


      The first pilot program, the basic pilot program, 


originates in House section 401. Employers in (at a minimum) 


five of the seven States with the highest number of illegal 


aliens may elect to participate. As under current law, the 


employer will have to complete the document review process 


described in INA section 274A(b) (as modified to increase the 


reliability of identification documents). However, if the 


Attorney General determines that an employer participating in 


this (or either of the other two) pilot program(s) can reliably 


determine a new employee's identity and authorization to work 


in the United States relying only on the pilot program 


procedures (discussed below) and a document review process 


including only documents confirming identity, the Attorney 


General can exempt participating employers from having to 


review documents confirming employment authorization.


      Under the basic pilot program, employers would then make 


inquiries (within three days of hire) to the Attorney General 


(or a designee) by means of toll-free telephone line or other 


toll-free electronic media to seek confirmation of the identity 


and employment eligibility of new employees. Employers would be 


given additional time to make inquiries in situations where the 


confirmation system did not receive their initial inquiry, for 


instance because the system's phone lines were overloaded or 


out of operation. While the pilot program could not require 


that participating employers pay any fee to participate, 


employers would be responsible for providing the equipment 


needed to make inquiries. In most cases, this would simply be a 


telephone. However, if an employer wanted to use, for instance, 


a computer and modem to make large numbers of inquiries at 


once, the employer would have to provide such equipment. When 


making an inquiry, an employer would provide a new employee's 


name and social security number (and, if the employee had not 


attested to being a citizen, the employee's INS-issued number).


      Through the confirmation system, this information 


provided in the inquiry will be checked against existing 


Federal Government records in order to provide (or not provide) 


confirmation of identity and work authorization. No new types 


of records will be added to government databases. The 


confirmation system will respond within three days of an 


inquiry--either by providing confirmation of the employee's 


identity and authorization to work or by providing a tentative 


nonconfirmation (in both cases, an appropriate code will be 


provided the employer by the system). After being notified of 


the tentative nonconfirmation, the employee can chose to 


contest or not contest the finding. If the employee does not 


contest the finding, the non-confirmation is considered final. 


If the employee does contest the finding, he or she--within a 


10-day secondary verification period--will communicate with the 


Commissioner of Social Security and/or the Commissioner of the 


Immigration and Naturalization Service to resolve those issues 


preventing the confirmation system from confirming the 


employee's identity and work authorization. By the end of the 


secondary verification period, the confirmation system must 


provide either a final confirmation or a final nonconfirmation 


(and appropriate code) to the employer. An employer shall not 


terminate employment of an employee because of a failure to 


have identity and work authorization confirmed under the pilot 


program until a nonconfirmation becomes final. However, the 


employer can terminate the employee for other reasons (as 


consistent with applicable law), such as the failure of the 


employee to show up for work following a tentative 


nonconfirmation.


      An employer, once provided with final nonconfirmation 


with regard to an employee, may either terminate the individual 


or continue his or her employment. If the employer continues to 


employ the individual, the employer must notify the Attorney 


General of this decision. Failure to notify will be deemed to 


be a paperwork violation and will be subject to enhanced 


paperwork violation penalties. Also, if the employer continues 


employment, a rebuttable presumption is created that the 


employer has hired the employee knowing the employee is 


unauthorized to work in the United States. The option of 


continued employment is only intended for the rare circumstance 


where an employer has knowledge independent of the confirmation 


process that the employee is eligible to work in the United 


States--such as knowing the employee since childhood.


       The second pilot program, the citizenship-attestation 


pilot program, originated in Senate amendment section 


112(a)(2)(G). It will operate in at least 5 States or, if 


fewer, all of the States that issue driver's licenses and 


identification cards with enhanced security features and 


procedures. However, employers can only participate in this 


pilot program in the sole discretion of the Attorney General. 


It will operate like the basic pilot program, with one 


important modification. If an employee attests to being a 


citizen, the employer is not required to (1) review documents 


confirming employment authorization when completing the 274A(b) 


document review process, or (2) make an inquiry through the 


confirmation system. This pilot program is designed to make the 


hiring process as easy and pitfall-free as possible for 


citizens and their employers. Its success depends in part on 


the effectiveness of this Act's heightened penalties for 


falsely attesting to U.S. citizenship.


       A variation of the citizen-attestation pilot project 


will be open to election by a maximum of 1,000 employers chosen 


by the Attorney General. Under this program, employers do not 


have to comply with any part of the 274A(b) document review 


process with regard to new employees who attest to being 


citizens. Otherwise, the program is identical in nature to the 


citizen-attestation pilot program.


      The third pilot program, the machine-readable document 


pilot program, originates in Senate section 112(a)(2)(F). It 


will operate as does the basic pilot program, except that if 


the new employee presents a State-issued identification 


document or driver's license that includes a machine-readable 


social security number, the employer will make an inquiry 


through the confirmation system by using a machine-readable 


feature of such document. The employer would have to procure 


the device needed to read the machine-readable document and to 


supply the information needed for the inquiry through the 


machine-readable feature of the document. Since the Social 


Security Administration does not keep up-to-date records of the 


employment eligibility of aliens, those employees who do not 


attest to citizenship will also have to provide their INS-


issued numbers, which the employers will pass on when making 


inquiries through the confirmation system. Employees not 


possessing machine-readable documents will be confirmed as 


under the basic pilot program.


       The machine-readable document pilot program is of course 


limited by the number of States which issue such enhanced 


documents and the fact that even in such States, not all 


individuals will have the machine-readable documents. Thus, it 


will only operate in at least 5 of the States (or, if fewer, 


all of the States) which issue driver's licenses and other 


identification documents with a machine-readable social 


security number (which need not be visible on the card). States 


are encouraged to issue such documents since use of machine-


readable documents makes the confirmation process simpler and 


provides additional assurance that the documents are genuine.


       Employers participating in any of the pilot programs are 


shielded from civil or criminal liability for actions taken in 


good faith reliance on information provided through the 


confirmation system--such as firing a new employee after 


receiving a final nonconfirmation of identity and/or work 


authorization through the confirmation system or continuing to 


employ an employee after receiving final confirmation.


       Nothing in Subtitle A shall be construed to permit the 


Federal Government to utilize any information, data base, or 


other records assembled under the subtitle for any purpose 


other than as provided for under one of the three pilot 


programs. In addition, nothing in the subtitle shall be 


construed to authorize the issuance or use of national 


identification cards or the establishment of a national 


identification card. The confirmation system shall be designed 


and operated to, among other things, maximize its reliability 


and ease of use consistent with insulating and protecting the 


privacy and security of the underlying information, prevent the 


unauthorized disclosure of personal information, and ensure 


that the system not result in unlawful discriminatory practices 


based on national origin or citizenship status. Finally, the 


INS and Social Security Administration shall update their 


information in a manner that promotes maximum accuracy and 


shall provide a process for the prompt correction of erroneous 


information.





       Subtitle B--Other Provisions Relating to Employer Sanctions





       Section 411--Senate recedes to House section 402, with 


modifications. This section provides those employers who in 


good faith make technical or procedural errors in complying 


with INA section 274A(b) an opportunity to correct those errors 


without penalty.


       Section 412(a)--House section 403(a) recedes to Senate 


amendment section 116(b), with modifications. This provision 


reduces the number of documents that can be used to establish 


an individual's employment authorization and/or identity under 


section 274A(b) of the Immigration and Nationality Act. To 


establish both employment authorization and identity, an 


individual may present a (1) a U.S. passport, or (2) a resident 


alien card, alien registration card, or other document 


designated by the Attorney General, all of which must meet 


certain standards (including having certain security features). 


The other documents designated by the Attorney General may 


include an unexpired foreign passport which has an appropriate, 


unexpired endorsement of the Attorney General or an appropriate 


unexpired visa authorizing the individual's employment in the 


United States. To establish employment authorization, an 


individual may present a social security account number card or 


certain other documentation found acceptable by the Attorney 


General. No change has been made from current law as to the 


documents which may be presented to establish identity. 


Finally, the Attorney General may prohibit or place conditions 


on the use of any documents for purposes of section 274A(b) if 


they are found to not reliably establish employment 


authorization or identity or are being used fraudulently to an 


unacceptable degree.


       Section 412(b)--Senate recedes to House section 403(b), 


with modifications. This provision provides a streamlined 


confirmation process under INA section 274A(b) for a new 


employee who is beginning work for a member of an employer 


association that has concluded a collective bargaining 


agreement with an organization representing the employee and 


the employee has within a specified period worked for another 


member of the association who has complied with the 


requirements of section 274A(b) with respect to the employee. 


If these conditions are met, the current employer is deemed to 


have complied with the requirements of section 274A(b) with 


respect to the employee.


       Section 412(c)--Senate recedes to House section 403(c). 


This provision eliminates obsolete provisions of the 


Immigration and Nationality Act.


       Section 412(d)--Senate recedes to House section 403(d). 


This provision clarifies that the Federal government must 


comply with section 274A of the Immigration and Nationality 


Act, which makes unlawful the knowing employment of aliens not 


authorized to work in the United States and requires employers 


to confirm the identity and employment authorization of new 


employees.


       Section 413--Senate recedes to House section 404(c)(2). 


This provision requires the Attorney General to submit to 


Congress a report on additional authority or resources needed 


to enforce section 274A of the Immigration and Nationality Act 


and the Executive Order of February 13, 1996 (prohibiting 


Federal contractors from knowingly hiring aliens not authorized 


to work in the United States).


       Section 414--Senate recedes to House section 405, with 


modifications. This provision requires the Commissioner of 


Social Security to prepare annual reports regarding social 


security account numbers issued to aliens not authorized to be 


employed, with respect to which, in a fiscal year, earnings 


were reported to the Social Security Administration, and a 


single report on the extent to which social security account 


numbers and cards are used by aliens for fraudulent purposes.


       Section 415--Senate recedes to House section 406. This 


section authorizes the Attorney General to require aliens to 


provide their social security account numbers.


       Section 416--House recedes to Senate amendment section 


120A(a)(1). This section provides that certain immigration 


officers may compel by subpoena the attendance of witnesses and 


the production of documents while conducting investigations of 


potential violations by employers of section 274A(a) of the 


Immigration and Nationality Act.





      SUBTITLE C--UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES





      Section 421--House section 407(b) recedes to Senate 


section 117. This provision provides that an employer's request 


of a new employee for more or different documents than are 


required to confirm an employee's identity and authorization to 


work in the United States under INA section 274A(b) or an 


employer's refusal to honor documents that reasonably appear to 


be genuine shall only be considered unfair immigration-related 


employment practices under INA section 274B(a)(1) if made for 


the purpose or with the intent of unlawfully discriminating 


against the employee on the basis of citizenship status or 


national origin.





              Title V--Restrictions on Benefits for Aliens





      Section 500--Senate recedes to House section 600 with 


modifications to divide this section into two parts: subsection 


(a), setting forth a series of statements of congressional 


policy regarding aliens and public benefits; and subsection 


(b), stating the sense of Congress that: (1) courts should 


apply the same standard of review to States choosing to 


restrict their public benefits programs pursuant to the 


authorizations contained in this Act as the court uses in 


determining whether an Act of Congress regulating the 


eligibility of aliens for public benefits is constitutional; 


and (2) if a court applies the strict scrutiny standard of 


constitutional review, the court shall consider the State law 


to be the least restrictive means available for achieving the 


compelling government interest of assuring that aliens be self-


reliant in accordance with national immigration policy. The 


purpose of the congressional grants of authority to States 


regarding eligibility for public benefits contained in this Act 


is to encourage States to implement the national immigration 


policy of assuring that aliens be self-reliant and not become 


public charges--a fundamental part of U.S. immigration policy 


since 1882.





SUBTITLE A--ELIGIBILITY OF EXCLUDABLE, DEPORTABLE, NONIMMIGRANT
ALIENS 


                   FOR PUBLIC ASSISTANCE AND BENEFITS





      Sections 501 and 502--House section 601 recedes to Senate 


amendment section 201(a)(1) with modifications. These sections 


bar ineligible aliens (as defined herein) from Federal, State, 


and local public benefits programs, contracts, grants, loans, 


and licenses, with specified exemptions (as defined herein).


      In general, ineligible aliens should not take advantage 


of taxpayers by accessing public benefits. However, the 


managers believe that certain public health, nutrition, and in-


kind community service programs should be exempted from the 


general prohibition on ineligible aliens accessing public 


benefits. The exemption for public health assistance for 


immunizations is not intended to be limited to immunizations 


under the Public Health Service Act, but refers to all 


immunizations. In the subparagraph treating certain battered 


aliens (or certain aliens subjected to extreme cruelty) as 


eligible aliens, the managers believe that the phrase ``an 


alien whose child has been battered or subjected to extreme 


cruelty'' includes children who have been sexually molested.


      The managers intend that the inclusion of parolees who 


are paroled into the United States for a period of at least one 


year in the definition of eligible alien refers only to the 


period for which such aliens are authorized to remain in the 


United States after their parole. The statement contained in 


the Committee Report accompanying the Senate Amendment, that 


such reference referred to parolees who had been present in the 


United States for one year or more, does not reflect the 


intention of the managers as stated herein.


      In defining ``means-tested public benefit,'' (for 


purposes of sections 501, 551, 552), the managers do not intend 


to include programs which do not consider an applicant's income 


in the disbursement of assistance. For example, Title I grants 


under the Elementary and Secondary Education Act of 1965 are 


provided to school districts with significant numbers of needy 


students. Since all students in that district will receive 


assistance from these funds--regardless of each student's 


financial status--neither ``deeming'' (see section 552) nor the 


prohibition on receipt by illegal aliens are applicable. ESEA 


is exempted under sections 551 and 552 only because certain 


means-tested benefits (such as Elleander Fellowships) are 


authorized under that Act as well.


      Many States use Federal block grant monies to provide 


services to the poor which are not within the scope of what the 


managers consider ``means-tested.'' For example, soup kitchens 


and homeless shelters serve needy individuals, but the 


operators do not require each applicant to demonstrate 


financial need. Similarly, if a State chose to use money from 


the Social Service Block Grant to fund the administrative costs 


of a youth soccer league in a poor area of that State, such a 


benefit would not be considered ``means-tested'' under this 


Act.


      The exception for treatment of communicable diseases is 


very narrow. The managers intend that it only apply where 


absolutely necessary to prevent the spread of such diseases. 


The managers do not intend that the exception for testing and 


treatment for communicable diseases should include treatment 


for the HIV virus or acquired immune deficiency syndrome. This 


exception is only intended to cover short-term measures that 


would be taken prior to the departure of the alien from the 


United States. It does not provide authority for long-term 


treatment of such diseases or a means for illegal aliens to 


delay their removal from the country.


      The allowance for emergency medical services also is very 


narrow. The managers intend that it only apply to medical care 


that is strictly of an emergency nature, such as medical 


treatment for emergency treatment administered in an emergency 


room, critical care unit, or intensive care unit. Emergency 


medical services do not include pre-natal or delivery care, or 


post-partum assistance, that is not strictly of an emergency 


nature as specified herein--including State-funded or 


administered pre-natal and post-partum care. The managers 


intend that any provision of services under this exception for 


mental health disorders be limited to circumstances in which 


the alien's condition is such that he is a danger to himself or 


to others and has therefore been judged incompetent by a court 


of appropriate jurisdiction.


      Section 503--House section 602 recedes to Senate 


amendment section 201(b) with modifications to eliminate the 


crediting of employment for purposes of unemployment benefits 


for individuals in PRUCOL status.


      Section 504--House recedes to Senate amendment section 


201(c) with modifications. This section amends section 202 of 


the Social Security Act to provide that no Social Security 


benefits may be paid to an alien not lawfully present in the 


United States. This section also amends section 210 of the 


Social Security Act to provide that periods of unauthorized 


employment shall not count towards an alien's eligibility for 


Social Security retirement benefits. The managers intend to 


allow sufficient time for the Social Security Administration to 


comply with this provision in order for SSA field offices to 


develop appropriate screening procedures.


      Section 505--Senate recedes to House section 601(c) with 


modifications to amend the SAVE program. This section requires 


proof of identity for all applicants in addition to the 


verification requirements for non-citizens under section 


1137(d) of the Social Security Act.


      Section 506--Senate recedes to House section 601(d). This 


section authorizes State and local governments to require proof 


of eligibility (including identity) from applicants for State 


and local public benefits programs.


      Section 507--House recedes to Senate amendment section 


201(a)(2) with modifications. This section provides that 


illegal aliens are not eligible for in-state tuition rates at 


public institutions of higher education.


      Section 508--Senate recedes to House section 606. House 


recedes to Senate amendment section 205. This section requires 


that applicants for post-secondary financial assistance be 


subject to verification of their eligibility prior to receiving 


such assistance. The managers believe that House section 606 


reflects the current practice of the Department of Education 


regarding the verification of student eligibility for 


postsecondary financial assistance.


      Section 509--House recedes to Senate amendment sections 


324 and 326. These sections amend the Social Security Act, and 


the Higher Education Act of 1986 to require the submission of 


photostatic or similar copies of documents or information 


specified by the INS for verification of an alien's immigration 


status.


      Section 510--House recedes to Senate amendment section 


201(e) with modifications. This section requires Federal, 


State, and local public benefits agencies to verify an 


applicant's eligibility (including the amount of eligibility) 


prior to the administration of public benefits by a non-profit 


charitable organization. The managers believe that non-profit 


charitable organizations themselves should not have to verify 


immigration status or determine the eligibility of aliens for 


public benefits, e.g., by ``deeming'' the income of sponsors to 


immigrant applicants for assistance (see section 552). The 


managers also believe, however, that the appropriate Federal or 


State agency must verify and determine the amount of 


eligibility of aliens for public benefits before a non-profit 


charitable organization may distribute means-tested benefits to 


such aliens.


      Section 511--Senate recedes to House section 607, with 


modifications. This section requires the Comptroller General to 


submit a report to the Committees on the Judiciary of the House 


of Representatives and the Senate regarding the receipt of 


means-tested public benefits by ineligible aliens on behalf of 


U.S. citizens and eligible aliens. The managers note that 


illegal aliens often access public benefits, such as AFDC and 


Food Stamps, for which they themselves are ineligible, by 


applying for such benefits on behalf of their U.S. citizen or 


legal immigrant children.





Subtitle B--Expansion of Disqualification From Immigration Benefits on 


                       the Basis of Public Charge





      Section 531--Senate recedes to House section 621 with 


modifications. This section amends INA section 212(a)(4) to 


expand the public charge ground of inadmissibility. Aliens have 


been excludable if likely to become public charges since 1882. 


Self-reliance is one of the most fundamental principles of 


immigration law. The managers believe that all family-sponsored 


immigrants, and certain employment-based immigrants, should 


have affidavits of support executed on their behalf as a 


condition of admission.


      Section 532--House recedes to Senate amendment section 


202 with modifications. This section amends INA section 


241(a)(5) to expand the public charge ground of deportation. 


Aliens who access welfare have been deportable as public 


charges since 1917. However, only a negligible number of aliens 


who become public charges have been deported in the last 


decade. The managers believe that aliens who become public 


charges within 7 years of their admission to the United States 


should promptly be removed from the country. Just as with the 


definition of ``eligible alien'' in section 501, the exception 


in section 532 for battered children includes children who are 


victims of sexual molestation.





      Subtitle C--Affidavits of Support and Attribution of Income





      Section 551--House recedes to Senate amendment section 


203 with modifications. This section creates a new, legally-


binding affidavit of support in order to seek reimbursement 


from sponsors for the costs of providing public benefits. The 


managers intend that the affidavit of support be a legally-


binding contract between an alien's sponsor, the sponsored 


alien, and the government. The managers also intend that public 


hospitals, private hospitals, and community health centers be 


allowed to seek reimbursement from sponsors for the costs of 


providing emergency medical services to the extent such 


services would, in the absence of the deeming requirements of 


section 552, be reimbursed by means-tested public benefit 


programs. The managers further intend that the new, legally 


enforceable, affidavit of support be used in all cases where an 


affidavit of support is required (including for nonimmigrants 


and aliens granted parole under section 212(d)(5) of the INA), 


either by statute, regulation, or administrative practice. 


Exceptions to the definition of ``means-tested public benefit'' 


include public health assistance for immunizations and, if the 


Secretary of Health and Human Services determines that it is 


necessary to prevent the spread of a serious communicable 


disease, for testing and treatment of such disease. However, 


the exception applies in the case of HIV infection to testing 


only.


      The provision is designed to encourage immigrants to be 


self-reliant in accordance with national immigration policy. 


The managers intend to establish a process that will authorize 


visas only for those applicants whose sponsors (both the 


petitioning sponsor as defined in subsection (g)(1), (g)(2), 


(g)(3), or (g)(4)) and any non-petitioning sponsor as defined 


in subsection (g)(5) demonstrate the means to meet the 


applicable income requirements (as set forth in subsection 


(g)). It is expected that an applicant whose sponsors fail to 


demonstrate the means to meet the applicable income 


requirements will be denied a visa, and that the next applicant 


in the queue will then be given an opportunity to qualify. The 


managers further intend that an applicant whose petitioning 


sponsor or non-petitioning sponsor (or both) is unable to meet 


the applicable income requirements in the initial interview may 


be afforded one additional opportunity to meet such 


requirements. If such applicant has already utilized a non-


petitioning sponsor at the initial interview, and such non-


petitioning sponsor was unable to meet the applicable income 


requirements, such applicant may be provided one additional 


opportunity to demonstrate that the non-petitioning sponsor 


meets the applicable income requirements, but may not be 


authorized in the second interview to substitute a new or 


different non-petitioning sponsor. The managers intend that 


applicants shall have no more than two opportunities to 


demonstrate that their sponsor (or sponsors) meets the 


applicable income requirements.


      Section 552--House recedes to Senate amendment section 


204 with modifications. This section deems that a sponsor's 


income is to be counted with a sponsored alien's in determining 


the alien's eligibility for public benefits. In subsection 


(c)(4), the managers intend for the Attorney General to enter 


information regarding the eligibility (including the amount of 


eligibility) of aliens for public benefits into the SAVE system 


as a means for all public benefits agencies to access such 


information for purposes of determining eligibility and seeking 


reimbursement. In subsection (d)(1), the managers believe that 


the scope of the exception to deeming in cases of indigence is 


very narrow, and only applies to situations where a sponsor and 


the sponsor's spouse cannot or will not provide needed support, 


and the sponsored alien could not obtain food or shelter 


without assistance from a public benefits agency. In 


determining whether a sponsored alien could obtain food or 


shelter in such a situation, the agency making the 


determination shall take into account whether the sponsored 


alien could obtain assistance for food or shelter from a 


privately-funded organization, and if so, shall refer the alien 


to such organization in lieu of providing benefits. The agency 


must notify the Attorney General when exercising this 


exception.


      Under current law, all three programs which ``deem'' 


sponsor income exclude a portion of the sponsor's income in 


their calculations. This legislation rejects this approach. At 


entry, a sponsor and the sponsored alien are considered to be 


part of one family unit (living under the same roof), and all 


of the sponsor's income is considered to be available--just as 


would be available to the sponsor's spouse or child. The same 


approach should be used at adjudication for benefits. All of 


the income of the sponsor and the sponsor's spouse should be 


deemed to be available to the sponsored alien, as though the 


sponsored alien is a member of the same family unit (and lives 


under the same roof) as the sponsor.


      Subsection (d) provides that the deeming rules shall not 


apply to Medicaid assistance used for emergency medical 


services. Under subsection 552(f), just as in the case of the 


definition of ``eligible alien'' in section 501, the exception 


to deeming rules for battered children includes children who 


are victims of sexual molestation.


      Section 553--House recedes to Senate amendment section 


204(e). This section authorizes State and local government to 


follow the Federal Government in deeming a sponsor's income to 


a sponsored alien who applies for public benefits. The managers 


intend to authorize States to enact sponsor-to-alien deeming 


laws as part of the national immigration policy that aliens be 


self-reliant. If a State deeming law, enacted pursuant to the 


authorization contained in this section, should be challenged 


in court, the managers intend that the court shall apply the 


standard of review described in section 500(b)(1) of this Act.


      Section 554--House recedes to Senate amendment section 


206. This section authorizes State and local governments to 


enact alienage restrictions in State and local cash public 


assistance programs. The managers intend to authorize States to 


prohibit or otherwise limit eligibility of aliens for general 


cash assistance as part of the national immigration policy that 


aliens be self-reliant, but only to the extent that such limit 


is not more restrictive than under comparable Federal programs. 


If a State restriction, enacted pursuant to the authorization 


contained in this section, should be challenged in court, the 


managers intend that the court shall apply the standard of 


review contained in section 500(b)(1) of this Act.





                  Subtitle D--Miscellaneous Provisions





      Section 561--House recedes to Senate amendment section 


207 with modifications. This provision increases the maximum 


criminal penalties for forging or counterfeiting a Federal seal 


or facilitating the fraudulent obtaining of public benefits by 


aliens.


      Section 562--Senate recedes to House section 812, with 


modification. This section amends INA section 412(c)(2) to 


specify that in the computation of targeted refugee 


resettlement assistance, each county shall receive the same 


amount of assistance for each refugee and entrant residing in 


the county at the beginning of each fiscal year (counting those 


refugees and entrants who arrived within 60 months prior to 


that fiscal year).


      Section 563--Senate recedes to House section 604 with 


modifications. This provision allows public hospitals to seek 


reimbursement for costs incurred from providing emergency 


medical services to illegal aliens if the immigration status of 


individuals for whom reimbursement is sought has been verified, 


but is not intended to create an entitlement for such 


reimbursement.


      Section 564--House recedes to Senate amendment section 


211 with modifications. This provision allows States to be 


reimbursed for emergency ambulance service costs provided to 


certain illegal aliens who are injured while attempting to 


enter the U.S., but is not intended to create an entitlement 


for such reimbursement.


      Section 565--House recedes to Senate amendment section 


315 with modifications. This section establishes a pilot 


program to require bonds in addition to sponsorship and deeming 


requirements for the purposes of overcoming excludability as a 


public charge under INA section 212(a)(4). The managers believe 


that where bonds are used to overcome the grounds for exclusion 


as a public charge, whether in this pilot program or in current 


INA section 213, the bonds should be required in addition to, 


not in lieu of, the new sponsorship and deeming requirements 


created in this Act.


      Section 566--The managers agree to require a series of 


reports by the Attorney General regarding the affidavit of 


support, attribution of sponsor income, public charge 


deportation, and non-profit charitable organization exemption 


provisions of this Act.





                     Subtitle E--Housing Assistance





      Section 571--House recedes to Senate amendment section 


221. This section provides a short title for the provisions 


contained in this subtitle.


      Section 572--House recedes to Senate amendment section 


222 with modifications. This section prorates public housing 


assistance based upon the number of eligible recipients within 


a family unit.


      Section 573--House section 611 recedes to Senate 


amendment section 223 with modifications. This provision limits 


any deferrals of termination decisions to a single 3-month 


period.


      Section 574--House section 612 recedes to Senate 


amendment sections 224 and 325 with modifications. This 


provision ensures that aliens are not allowed to receive public 


housing assistance until their eligibility has been verified. 


Aliens may not begin receiving such assistance while their 


applications are pending.


      Section 575--House section 613 recedes to section 225 of 


the Senate amendment. This section prohibits sanctions against 


entities that make erroneous determinations of eligibility for 


housing assistance.


      Section 576--House section 614 recedes to Senate 


amendment section 227 with modifications. This provision 


establishes regulations for carrying out the sections of this 


subtitle.


      Section 577--House section 605 recedes to Senate 


amendment section 201(d). This provision requires a report 


describing the manner in which the Secretary of Housing and 


Urban Development is enforcing section 214 of the Housing and 


Community Development Act of 1980, which prevents illegal 


aliens from receiving public housing assistance.





                     Subtitle F--General Provisions





      Section 591--House recedes to Senate amendment section 


231(a). This section provides that unless otherwise specified, 


the provisions of this title take effect on the date of 


enactment.


      Section 592--Senate recedes to House section 634. This 


section clarifies that the provisions of this title do not set 


forth all requirements of eligibility for public assistance, or 


determine when such requirements are satisfied, but only relate 


to the general issue of eligibility or ineligibility on the 


basis of alienage.


      Section 593--The managers agree to include a provision 


clarifying that Title V does not apply to programs of foreign 


assistance.


      Section 594--House recedes to Senate amendment section 


201(a)(3) with modifications to allow either individual or 


public notice of changes in eligibility for benefits recipients 


caused by this Act.


      Section 595--This section provides that, for purposes of 


this title, the definitions of ``alien,'' ``State,'' ``United 


States,'' ``national,'' ``naturalization,'' and ``child'' are 


the same definitions as set forth in the INA.


      The managers acknowledge that some of the provisions 


contained in this Title differ from similar provisions enacted 


this year as part of the Personal Responsibility and Work 


Opportunity Reconciliation Act of 1996 (Public Law 104-193). To 


the extent possible, the managers intend to reconcile these 


differing provisions during the next Congress to avoid 


confusion in the implementation of these policies.





                   Title VI--Miscellaneous Provisions





                Subtitle A--Refugees, Parole, and Asylum





      Section 601--Senate recedes to House section 501. 


Subsection (a) amends the definition of refugee at section 


101(a)(42) to provide that a person who has been forced to 


abort a pregnancy or to undergo involuntary sterilization, or 


who has been persecuted for failure or refusal to undergo such 


a procedure or for other resistance to a coercive population 


control program shall be deemed to have been persecuted on 


account of political opinion, and a person who has a well 


founded fear of being compelled to undergo such a procedure or 


being subject to such persecution shall be deemed to have a 


well founded fear of persecution on account of political 


opinion.


      Subsection (b) amends section 207(a) to provide that not 


more than 1,000 refugees shall be admitted on the basis of 


persecution under coercive population control policies.


      Section 602--House recedes to Senate amendment section 


191 with modifications. This section amends INA section 


212(d)(5) to provide that the Attorney General's parole 


authority may be exercised only on a case-by-case basis for 


urgent humanitarian reasons or significant public benefit. This 


section also requires that not later than 90 days after the end 


of the fiscal year, the Attorney General shall report to the 


Committees on the Judiciary of the House of Representatives and 


the Senate describing the number and categories of aliens 


paroled into the United States under section 212(d)(5), along 


with other specified information.


      Section 603--House recedes to Senate amendment section 


192 with modifications. This section amends INA section 201(c) 


to provide, beginning in 1999, that aliens paroled into the 


United States in the second previous fiscal year who do not 


depart within 365 days and who have not yet become permanent 


resident aliens (or who, if they did become LPRs, did so under 


a provision of law other than 201(b) that did not count toward 


the worldwide level), will be counted towards the worldwide 


level of family-sponsored immigrants. If an alien is counted 


towards the worldwide level under this provision and 


subsequently adjusts to LPR status, the alien shall not be so 


counted again at the time of adjustment.


      Section 604--Senate recedes to House section 511, with 


modifications. This section amends section 208 of the 


Immigration and Nationality Act to provide that an alien who is 


physically present in, or who arrives in, the United States may 


apply for asylum in accordance with section 208 or, where 


applicable, section 235(b)(1). However, an alien may not apply 


for asylum if the Attorney General determines that the alien 


can be returned to a safe third country pursuant to a bilateral 


agreement, unless the Attorney General finds that it is in the 


public interest for the alien to receive asylum in the United 


States. An applicant for asylum must demonstrate by clear and 


convincing evidence that the application has been filed within 


1 year of arriving in the United States (unless the alien can 


demonstrate to the satisfaction of the Attorney General that 


extraordinary circumstances caused the delay in filing an 


application prior to the deadline), and an alien is not 


eligible to apply for asylum if the alien has previously 


applied for and been denied asylum; these bars do not apply if 


the alien demonstrates the existence of changed circumstances 


which materially affect the applicant's eligibility for asylum. 


A determination by the Attorney General that an alien is 


ineligible to apply for asylum is not subject to judicial 


review.


      Subsection (b) adopts the conditions for granting asylum 


outlined in House section 511(a). Subsection (c) clarifies the 


status of an alien granted asylum. It also provides that asylum 


may be terminated if the alien: is no longer a refugee under 


section 101(a)(42); is ineligible for asylum under subsection 


(b); may be returned to a safe third country; has voluntarily 


returned to his country of nationality or last habitual 


residence with lawful permanent resident or equivalent status; 


or has acquired a new nationality which confers protection on 


the alien. An alien whose asylum is terminated is subject to 


any applicable ground of inadmissibility or deportation.


      Subsection (d) provides for the establishment of 


procedures for considering applications for asylum. The 


applicant may be required to submit fingerprints and a 


photograph. The House provisions regarding employment 


authorization, application fees, legal representation, and 


notice of the consequences of knowingly filing a frivolous 


application for asylum are included, as are the House 


provisions on consideration of asylum applications. If the 


Attorney General determines that an alien has knowingly made a 


frivolous application for asylum and the alien has received 


notice, the alien shall be permanently ineligible for any 


benefits under the INA. Nothing in subsection (d) shall be 


construed to create any substantive or procedural right or 


benefit that is enforceable by any party against the United 


States.


      Subsection (b) makes conforming and clerical amendments. 


Subsection (c) provides that the amendments made by this 


section shall take effect on the first day of the first month 


beginning more than 180 days after the date of enactment.


      Section 605--Senate recedes to House section 513. This 


section authorizes an increase in the number of asylum officers 


by at least 600 in FY 1997.


      Section 606--House recedes to Senate amendment section 


196. This section provides for the conditional repeal of the 


Cuban Adjustment Act upon the establishment of democracy in 


Cuba.





Subtitle B--Miscellaneous Amendments to the Immigration and Nationality 


                                  Act





      Section 621--House recedes to Senate amendment section 


185. This section amends INA section 214(j)(1) to double the 


number of ``S'' visas (pertaining to alien witness cooperators) 


that may be issued in a given fiscal year.


      Section 622--House recedes to Senate amendment section 


310. This section extends the period for waiver of the foreign 


country residence requirement for foreign medical graduates to 


June 1, 2002, and amends INA sections 212(e) and 214(k) to 


place additional conditions and restrictions on waivers 


requested by a United States Government or State agency. These 


additional restrictions are imposed, among other things, to 


ensure that aliens granted such waivers remain employed in 


positions deemed to be in the public interest.


      Section 623--House section 809 recedes to Senate 


amendment section 175, with modifications. This section amends 


INA sections 245A(c)(5) and 210(b)(6)(C) to require the 


Attorney General to disclose information in an application for 


legalization to a law enforcement entity, upon written request, 


in connection with a criminal investigation or prosecution, or 


to a coroner in order to identify a deceased individual.


      Section 624--House recedes to Senate amendment section 


311. This section amends section 212(a)(5) to provide that in 


the case of certain professional athletes, a labor 


certification shall remain valid if the athlete is traded by 


his original sponsoring employer to another team in the same 


sport.


      Section 625--House recedes to Senate amendment section 


214(a), with modifications. This section amends INA section 214 


to provide that an alien may not be given or validly remain in 


nonimmigrant status under INA section 101(a)(15)(F) if the 


alien is pursuing studies at a public elementary school or 


publicly-funded adult education program. The section also 


provides that an alien may not have such status at a public 


secondary school unless the period of such status does not 


exceed 12 months and the alien has paid reimbursement equal to 


the full unsubsidized per capita student cost. This amendment 


also provides that an alien who obtains an ``F-1'' visa to 


pursue studies at a private elementary or secondary school, or 


privately-funded language program, shall be considered to have 


violated the conditions of the visa if the alien terminates or 


abandons such studies and undertakes studies at a public school 


or publicly-funded adult education or language training 


program.


      Section 626--House recedes to Senate amendment section 


328. This section adds a new INA section 294 to permit the 


Attorney General to expend appropriated funds to pay for the 


transportation of the remains of any INS officer or Border 


Patrol agent killed in the line of duty to a place of burial in 


the United States, Puerto Rico, or U.S. territories or 


possessions, as well as other related and incidental costs.





    Subtitle C--Provisions Relating to Visa Processing and Consular 


                               Efficiency





      Section 631--Senate recedes to House section 807. This 


section amends INA section 221(c) to provide that an immigrant 


visa shall be valid for a period of six months, and to provide 


that the period for validity of a nonimmigrant visa issued to 


an alien of one nationality who has been granted refugee status 


and been firmly resettled in another country shall be based on 


the treatment granted by the country of resettlement to alien 


refugees resettled in the U.S.


      Section 632--House section 803(b) recedes to Senate 


amendment section 157. This section amends INA section 222 by 


adding a new subsection (g), providing that an alien who has 


remained in the United States beyond the authorized period of 


stay may not be readmitted to the United States on that 


nonimmigrant visa, and may only be readmitted as a nonimmigrant 


on the basis of a visa issued in a consular office located in 


the country of the alien's nationality (or, if there is no such 


office, at a consular office designated by the Secretary of 


State), or where extraordinary circumstances are found by the 


Secretary of State.


      Section 633--House section 803(a) recedes to Senate 


amendment section 172. This section amends INA section 


202(a)(1) to clarify that the Secretary of State has non-


reviewable authority to establish procedures for the processing 


of immigrant visa applications and the locations where visas 


will be processed.


      Section 634--House recedes to Senate amendment section 


301, with modifications. This section amends INA sections 222 


(c) and (e) to make certain changes in the visa application 


process.


      Section 635--House section 836 recedes to Senate 


amendment section 302. This section amends INA section 217(f) 


to extend the authorization for the Visa Waiver Pilot Program 


(VWPP) through September 30, 1997. This section also repeals 


current section 217(g) (regarding the probationary program), 


and adds a new section 217(g) to specify procedures for 


termination of a country's designation to participate in the 


VWPP. A country with a disqualification rate of between 2 and 


3.5 percent shall be placed on probationary status for a period 


of not more than 3 years. (The disqualification rate is the 


percentage that the number of aliens from the country who were 


found inadmissible, withdrew their applications for admission, 


or were admitted as nonimmigrants and violated the terms of 


their admission in a given fiscal year, represents of the total 


number of nationals of that country who applied for admission 


as nonimmigrant visitors during the same fiscal year.) A 


country with a disqualification rate of greater than 3.5 


percent shall be terminated from the VWPP at the beginning of 


the second fiscal year after this determination is made. If a 


country on probationary status by the end of the designated 


period fails to develop a machine-readable passport program or 


has a disqualification rate of greater than 2 percent, the 


country shall be terminated from the VWPP at the beginning of 


the first fiscal year after such determination is made. The 


Attorney General and Secretary of State retain the discretion 


to terminate any country's designation as a participant in the 


VWPP, or to deny a waiver to any individual from a country 


which is a participant.


      Section 636--House recedes to Senate amendment section 


306, with modifications. This section provides that the 


Secretary of State may establish a fee for diversity immigrant 


visas to be paid by each applicant for such a visa. The fee may 


be set to recover the cost of administering the diversity visa 


program, including the cost of processing all applications for 


diversity visas. It is intended that this fee would be paid by 


all entrants into the ``lottery'' for eligibility for a 


diversity visa.


      Section 637--Senate recedes to House section 841, with 


modifications. This section provides that certain aliens 


selected as diversity immigrants during FY 1995, and whose 


applications for adjustment of status under INA section 245 


were accepted by the Attorney General, shall be selected for 


diversity immigrant visas in FY 1997 and given priority over 


other aliens selected for such visas. The number of Polish 


nationals notified in FY 1995 that they were eligible for a 


diversity immigrant visa exceeded the number of visas that were 


available. The purpose of this provision is to place these 


individuals in the same position they would have been in FY 


1995 had sufficient visas been available.





                      Subtitle D--Other Provisions





      Section 641--House recedes to Senate amendment section 


215, with modifications. This section requires the Attorney 


General, in cooperation with the Secretaries of State and 


Education, to collect from colleges and universities certain 


information regarding nonimmigrant foreign students from 


designated countries who are enrolled at such institutions 


pursuant to visas under INA section 101(a)(15) (F), (J), or 


(M). The information shall include the alien's identity, 


current address, nonimmigrant classification, academic 


standing, and disciplinary action, if any. Institutions shall 


participate as a condition of their approval for participation 


in exchange student visa programs, and the collection of data 


shall be funded by a fee charged on all visas issued under 


section 101(a)(15) (F), (J), or (M).


      Section 642--Senate amendment section 177 recedes to 


House section 833, with modifications. This section provides 


that notwithstanding any other provision of Federal, State, or 


local law, no State or local government entity shall prohibit 


or in any way restrict any government entity or official from 


sending to or receiving from the INS information regarding the 


immigration status of any individual in the United States.


      Section 643--Senate recedes to House section 834. This 


section requires the Attorney General, not later than 6 months 


after the date of enactment, to issue regulations regarding the 


rights of ``habitual residence'' under the Compacts of Free 


Association between the United States and the governments of 


the Marshall Islands, and the Federated States of Micronesia, 


and between the United States and Palau.


      Section 644--Senate recedes to House section 835. This 


section requires aliens from certain countries specified by the 


INS in consultation with the Secretary of State to be advised 


prior to or at the time of entry into the United States of the 


severe harm caused by female genital mutilation and the 


potential legal consequences in the United States of performing 


female genital mutilation or of allowing a child to be 


subjected to female genital mutilation.


      Section 645--House recedes to Senate amendment section 


335. This section amends chapter 7 of title 18 to add a new 


section 116, prohibiting the practice of female genital 


mutilation on any individual less than 18 years old, and 


setting penalties of up to 5 years imprisonment.


      Section 646--Senate recedes to House section 837. This 


section will permit the adjustment of status of certain 


nationals of Poland and Hungary who were paroled into the 


United States between November 1, 1989, and December 31, 1991, 


after having been denied refugee status.


      Section 647--Senate amendment section 307 recedes to 


House section 838. This section requires the Attorney General 


to make available funds up to $5,000 for demonstration projects 


in support of naturalization ceremonies to be conducted in 


fiscal years 1997 through 2001.


      Section 648--Senate recedes to House section 842. This 


section states the sense of Congress that, to the extent 


practicable, all equipment and products purchased with funds 


authorized by this Act shall be American-made, and that 


recipients of grants under this Act receive notice of this 


statement of Congress.


      Section 649--House recedes to Senate amendment section 


171(b). This section amends 50 U.S.C. 191 to extend the 


authority of the Attorney General to direct the movement of 


vessels in emergencies to include situations of actual or 


anticipated mass migrations of aliens arriving by sea.


      Section 650--House recedes to Senate amendment section 


308. This section requires the Attorney General to investigate 


and submit a report to Congress regarding the practices of 


entities authorized by regulation to administer the English and 


civics tests to applicants for naturalization. A preliminary 


report shall be submitted within 90 days of enactment, and a 


final report shall be issued within 275 days after submission 


of the preliminary report.


      Section 651--House recedes to Senate amendment section 


309. This section provides that the United States Customs 


Administrative Building at the Ysleta/Zaragosa Port of Entry in 


El Paso shall be known as the ``Timothy C. McCaghren Customs 


Administrative Building.''


      Section 652--House recedes to Senate amendment section 


312. This section addresses abuses in the practices of certain 


international matchmaking organizations (``mail order bride 


businesses'') by requiring such organizations, under pain of 


civil penalty, to provide certain immigration information to 


potential recruits for immigration to the United States, and by 


requiring the Attorney General to conduct a study and submit a 


report to Congress regarding the number of mail order 


marriages, the extent of marriage fraud arising as a result of 


such marriages, the extent of domestic abuse in such marriages, 


and the need for expanded regulation to implement the policies 


of the Violence Against Women Act of 1994 in this area.


      Section 653--House recedes to Senate amendment section 


321. This section requires the Comptroller General to review 


the effectiveness of the H-2A nonimmigrant program to ensure 


that the program provides a workable safety valve in the event 


of future shortages of domestic agricultural workers. The 


report shall be submitted not later than December 31, 1996, or 


3 months after the date of enactment, whichever is sooner.


      Section 654--House recedes to Senate amendment section 


333. This section requires the Commissioner of the Customs 


Service to initiate a study of allegations of harassment by 


Canadian Customs agents designed to deter cross-border 


commercial activity along the United States-New Brunswick 


border. The study shall include a review of the connection 


between such incidents of harassment and the imposition of the 


New Brunswick Provincial Sales Tax on goods purchased in the 


United States by New Brunswick residents. The Commissioner 


shall consult with State and local officials in Maine in 


conducting this study, and shall submit a report to Congress on 


results of the study within 120 days of enactment of this Act.


      Section 655--House recedes to Senate amendment section 


334. This section states the sense of Congress that the 


collection by Canadian Customs officials of a New Brunswick 


Provincial Sales Tax on goods purchased in the United States by 


residents of New Brunswick, but not on goods purchased by New 


Brunswick residents in other Canadian provinces, may violate 


the North American Free Trade Agreement (NAFTA) and that the 


United States Trade Representative should move without delay in 


seeking redress under the dispute resolution process in chapter 


20 of NAFTA.


      Section 656--House sections 831 and 832 recede to Senate 


amendment section 118, with modifications. Without placing 


mandates on states, this section establishes grant programs to 


encourage states to develop more counterfeit-resistant birth 


certificates and driver's licenses. After October 1, 2000, 


Federal agencies may only accept as proof of identity driver's 


licenses that conform to standards developed by the Secretary 


of the Treasury after consultation with state motor vehicle 


officials through the American Association of Motor Vehicle 


Administrators. Beginning 4 years after the date of enactment, 


Federal agencies may only accept birth certificates issued 


after such date that conform to standards developed by the 


Secretary of Health and Human Services after consultation with 


appropriate State officials. The managers intend that the new 


standards developed in consultation with state officials apply 


only to licenses issued or renewed after October 1, 2000, and 


only to birth certificates issued more than 4 years after the 


date of enactment.


      Section 657--House recedes to Senate amendment section 


332, with modifications. This section requires the Commissioner 


of Social Security to develop a prototype of a counterfeit-


resistant social security card, and requires the Comptroller 


General to conduct a study and issue a report to Congress that 


examines different methods of improving the social security 


card application process.


      Section 658--House recedes to Senate amendment section 


314. This section will authorize the transfer of INA artifacts 


to the Border Patrol Museum and Memorial Library Foundation.


      Section 659--Senate recedes to House section 840. This 


section states the sense of Congress regarding enforcement 


priorities of the INS.





                   Subtitle E--Technical Corrections.





      Section 671--Senate recedes to House section 851, with 


modifications. This section makes a number of entirely 


technical corrections to the Immigration Reform and Control Act 


of 1986, the Immigration and Nationality Technical Corrections 


Act of 1994, the Immigration and Nationality Act, and other 


legislation.





                            Other Provisions





      The House recedes to the Senate on the following 


provisions: House sections 222, 300, 801.


      The Senate recedes to the House on the following 


provisions: Senate amendment sections 120B, 120D, 120E, 305, 


318.





                                   Henry Hyde,


                                   Lamar Smith,


                                   Elton Gallegly,


                                   Bill McCollum,


                                   Bob Goodlatte,


                                   Ed Bryant,


                                   Sonny Bono,


                                   Bill Goodling,


                                   Randy ``Duke'' Cunningham,


                                   Howard P. ``Buck'' McKeon,


                                   E. Clay Shaw, Jr.,


                                 Managers on the Part of the House.





                                   Orrin Hatch,


                                   Al Simpson,


                                   Chuck Grassley,


                                   Jon Kyl,


                                   Arlen Specter,


                                   Strom Thurmond,


                                   Dianne Feinstein,


                                Managers on the Part of the Senate.