I

104TH CONGRESS

1ST SESSION H. R. 1915

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.

IN THE HOUSE OF REPRESENTATIVES

JUNE 22, 1995

Mr. SMITH of Texas (for himself, Mr. BRYANT of Texas, Mr. GALLEGLY, Mr.

MOORHEAD, Mr. MCCOLLUM, Mr. BRYANT of Tennessee, Mr. BONO, Mr.

HEINEMAN, Mr. GEKAS, Mr. COBLE, Mr. CANADY of Florida, Mr. INGLIS

of South Carolina, Mr. GOODLATTE, Mr. BARR, Mr. BAKER of California,

Mr. BALLENGER, Mr. BEILENSON, Mr. BILBRAY, Mr. BONILLA, Mr.

BREWSTER, Mr. CALVERT, Mr. CONDIT, Mr. CUNNINGHAM, Mr. DEAL of

Georgia, Mr. DREIER, Mr. DUNCAN, Mr. FOLEY, Mr. HAYES, Mr.

HERGER, Mr. HUNTER, Mr. SAM JOHNSON of Texas, Mrs. MEYERS of

Kansas, Mr. PACKARD, Mr. ROHRABACHER, Mrs. ROUKEMA, Mr. SHAYS,

Mr. STENHOLM, Mr. TAUZIN, and Mrs. VUCANOVICH) introduced the following bill; which was referred to the Committee on the Judiciary, and

in addition to the Committees on National Security, Economic and Educational Opportunities, Government Reform and Oversight, Ways and

Means, Commerce, Agriculture, and Banking and Financial Services, for

a period to be subsequently determined by the Speaker, in each case for

consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Immigration and Nationality Act to improve

deterrence of illegal immigration to the United States
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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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION

4 AND NATIONALITY ACT; TABLE OF TITLES

5 AND SUBTITLES.

6 (a) SHORT TITLE.—This Act may be cited as the

7 ‘‘Immigration in the National Interest Act of 1995’’.

8 (b) AMENDMENTS TO IMMIGRATION AND NATIONAL9 ITY ACT.—Except as otherwise specifically provided—

10 (1) whenever in this Act an amendment or re11 peal is expressed as the amendment or repeal of a

12 section or other provision, the reference shall be con13 sidered to be made to that section or provision in the

14 Immigration and Nationality Act, and

15 (2) amendments to a section or other provision

16 are to such section or other provision as in effect on

17 the date of the enactment of this Act and before any

18 amendment made to such section or other provision

19 elsewhere in this Act.
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1 (c) TABLE OF TITLES, SUBTITLES, AND PARTS IN

2 ACT.—The following are the titles, subtitles, and parts

3 contained in this Act:

TITLE I—DETERRENCE OF ILLEGAL IMMIGRATION

THROUGH IMPROVED BORDER ENFORCEMENT AND

PILOT PROGRAMS

Subtitle A—Improved Enforcement at Border

Subtitle B—Pilot Programs

TITLE II—ENHANCED ENFORCEMENT AND PENALTIES

AGAINST ALIEN SMUGGLING; DOCUMENT FRAUD

Subtitle A—Enhanced Enforcement and Penalties Against

Alien Smuggling

Subtitle B—Deterrence of Document Fraud

Subtitle C—Asset Forfeiture for Passport and Visa Offenses

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

Subtitle A—Revision of Procedures for Removal of Aliens

Subtitle B—Removal of Alien Terrorists

PART 1—REMOVAL PROCEDURES FOR ALIEN TERRORISTS

PART 2—EXCLUSION AND DENIAL OF ASYLUM FOR ALIEN TERRORISTS

Subtitle C—Deterring Transportation of Unlawful Aliens to

the United States

Subtitle D—Additional Provisions

TITLE IV—ENFORCEMENT OF RESTRICTIONS AGAINST

EMPLOYMENT

TITLE V—REFORM OF LEGAL IMMIGRATION SYSTEM

Subtitle A—Worldwide Numerical Limits

Subtitle B—Changes in Family-Sponsored and EmploymentBased Preference System

Subtitle C—Refugees, Asylees, Parole, and Humanitarian

Admissions

Subtitle D—Effective Dates; Transition Provisions
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TITLE VI—RESTRICTIONS ON BENEFITS FOR ILLEGAL

ALIENS

Subtitle A—Eligibility of Illegal Aliens for Public Benefits

PART 1—PUBLIC BENEFITS GENERALLY

PART 2—EARNED INCOME TAX CREDIT

Subtitle B—Expansion of Disqualification from Immigration

Benefits on the Basis of Public Charge

Subtitle C—Attribution of Income and Affidavits of Support

TITLE VII—FACILITATION OF LEGAL ENTRY

TITLE VIII—MISCELLANEOUS

1 TITLE I—DETERRENCE OF ILLE2 GAL IMMIGRATION THROUGH

3 IMPROVED BORDER EN4 FORCEMENT AND PILOT PRO5 GRAMS

6 TABLE OF CONTENTS OF TITLE

Subtitle A—Improved Enforcement at Border

Sec. 101. Border patrol agents and support personnel.

Sec. 102. Improvement of barriers at border.

Sec. 103. Improved border equipment and technology.

Sec. 104. Improvement in border crossing identification card.

Sec. 105. Civil penalties for illegal entry.

Subtitle B—Pilot Programs

Sec. 111. Pilot program on interior repatriation of inadmissible or deportable

aliens.

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

Sec. 113. Pilot program to collect records of departing passengers.
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Title I, Subtitle A

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1 Subtitle A—Improved Enforcement

2 at Border

3 SEC. 101. BORDER PATROL AGENTS AND SUPPORT PER4 SONNEL.

5 (a) INCREASED NUMBER OF BORDER PATROL POSI6 TIONS.—The number of border patrol agents shall be in7 creased, for each fiscal year beginning with the fiscal year

8 1996 and ending with the fiscal year 2000, by 1,000 full9 time equivalent positions above the number of equivalent

10 positions as of September 30, 1994.

11 (b) INCREASE IN SUPPORT PERSONNEL.—The num12 ber of full-time support positions for personnel in support

13 of border enforcement, investigation, detention and depor14 tation, intelligence, information and records, legal pro15 ceedings, and management and administration in the Im16 migration and Naturalization Service shall be increased,

17 beginning with fiscal year 1996, by 800 positions above

18 the number of equivalent positions as of September 30,

19 1994.

20 (c) DEPLOYMENT OF NEW BORDER PATROL

21 AGENTS.—The Attorney General shall, to the maximum

22 extent practicable, ensure that the border patrol agents

23 hired pursuant to subsection (a) shall—

24 (1) be deployed among the various Immigration

25 and Naturalization Service sectors in proportion to
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1 the level of illegal intrusion measured in each sector

2 during the preceding fiscal year and reasonably an3 ticipated in the next fiscal year, and

4 (2) be actively engaged in law enforcement ac5 tivities related to the illegal crossing of the borders

6 of the United States.

7 SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.

8 (a) IN GENERAL.—The Attorney General, in con9 sultation with the Commissioner of the Immigration and

10 Naturalization Service, shall take such actions as may be

11 necessary to install additional physical barriers and roads

12 (including the removal of obstacles to detection of illegal

13 entrants) in the vicinity of the United States border to

14 deter unauthorized crossings in areas of high illegal entry

15 into the United States.

16 (b) CONSTRUCTION OF FENCING AND ROAD IM17 PROVEMENTS IN THE BORDER AREA NEAR SAN DIEGO,

18 CALIFORNIA.—

19 (1) IN GENERAL.—In carrying out subsection

20 (a), the Attorney General shall provide for the con21 struction along the 14 miles of the international

22 land border of the United States, starting at the Pa23 cific Ocean and extending eastward, of second and

24 third fences, in addition to the existing reinforced

25 fence, and for roads between the fences.
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1 (2) PROMPT ACQUISITION OF NECESSARY EASE2 MENTS.—The Attorney General shall promptly ac3 quire such easements as may be necessary to carry

4 out this subsection and shall commence construction

5 of fences immediately following such acquisition (or

6 conclusion of portions thereof).

7 (3) AUTHORIZATION OF APPROPRIATIONS.—

8 There are authorized to be appropriated to carry out

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

10 appropriated under this paragraph are authorized to

11 remain available until expended.

12 (c) WAIVER.—The provisions of the Endangered Spe13 cies Act of 1973 are waived to the extent the Attorney

14 General determines necessary to assure expeditious con15 struction of the barriers and roads under this section.

16 (d) REPORT ON FORWARD DEPLOYMENT.—(1) The

17 Attorney General shall forward deploy existing border pa18 trol agents in those areas of the border identified as areas

19 of high illegal entry into the United States in order to

20 provide a uniform and visible deterrent to illegal entry on

21 a continuing basis.

22 (2) By not later than 6 months after the date of the

23 enactment of this Act, the Attorney General shall submit

24 to the appropriate committees of Congress a report on the

25 progress and effectiveness of such forward deployments.
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Title I, Subtitle A

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1 SEC. 103. IMPROVED BORDER EQUIPMENT AND TECH2 NOLOGY.

3 The Attorney General is authorized to acquire and

4 utilize, for the purpose of detection, interdiction, and re5 duction of illegal immigration into the United States, any

6 Federal equipment (including, but not limited to, fixed

7 wing aircraft, helicopters, four-wheel drive vehicles, se8 dans, night vision goggles, night vision scopes, and sensor

9 units) determined available for transfer by any other agen10 cy of the Federal Government upon request of the Attor11 ney General.

12 SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTI13 FICATION CARD.

14 (a) IN GENERAL.—Section 101(a)(6) (8 U.S.C.

15 1101(a)(6)) is amended by adding at the end the follow16 ing: ‘‘Such regulations shall provide that (A) each such

17 document include a biometric identifier (such as the fin18 gerprint or handprint of the alien) that is machine read19 able and (B) an alien presenting a border crossing identi20 fication card is not permitted to cross over the border into

21 the United States unless the biometric identifier contained

22 on the card matches the appropriate biometric characteris23 tic of the alien.’’.

24 (b) EFFECTIVE DATES.—

25 (1) Clause (A) of the sentence added by the

26 amendment made by subsection (a) shall apply to
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1 documents issued on or after 6 months after the

2 date of the enactment of this Act.

3 (2) Clause (B) of such sentence shall apply to

4 cards presented on or after 18 months after the date

5 of the enactment of this Act.

6 SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.

7 (a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is

8 amended—

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

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

11 (2) by inserting after subsection (a) the follow12 ing new subsection:

13 ‘‘(b) Any alien who is apprehended while entering (or

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

15 other than as designated by immigration officers shall be

16 subject to a civil penalty of—

17 ‘‘(1) at least $50 and not more than $250 for

18 each such entry (or attempted entry), or

19 ‘‘(2) twice the amount specified in paragraph

20 (1) in the case of an alien who has been previously

21 subject to a civil penalty under this subsection.

22 Civil penalties under this subsection are in addition to,

23 and not in lieu of, any criminal or other civil penalties

24 that may be imposed under this title.’’.
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Title I, Subtitle B

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1 (b) EFFECTIVE DATE.—The amendments made by

2 subsection (a) shall apply to illegal entries occurring on

3 or after the first day of the 6th month beginning after

4 the date of the enactment of this Act.

5 Subtitle B—Pilot Programs

6 SEC. 111. PILOT PROGRAM ON INTERIOR REPATRIATION

7 OF INADMISSIBLE OR DEPORTABLE ALIENS.

8 (a) ESTABLISHMENT.—Not later than 120 days after

9 the date of the enactment of this Act, the Attorney Gen10 eral, after consultation with the Secretary of State, shall

11 establish a pilot program for up to 2 years which provides

12 for methods to deter multiple unauthorized entries by

13 aliens into the United States. The pilot program may in14 clude the development and use of interior repatriation,

15 third country repatriation, and other disincentives for

16 multiple unlawful entries into the United States.

17 (b) REPORT.—Not later than 30 months after the

18 date of the enactment of this Act, the Attorney General,

19 together with the Secretary of State, shall submit a report

20 to the Committees on the Judiciary of the House of Rep21 resentatives and of the Senate on the operation of the pilot

22 program under this section and whether the pilot program

23 or any part thereof should be extended or made perma24 nent.
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Title I, Subtitle B

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1 SEC. 112. PILOT PROGRAM ON USE OF CLOSED MILITARY

2 BASES FOR THE DETENTION OF INADMIS3 SIBLE OR DEPORTABLE ALIENS.

4 (a) ESTABLISHMENT.—The Attorney General and

5 the Secretary of Defense shall establish one or more pilot

6 programs for up to 2 years each to determine the feasibil7 ity of the use of military bases available because of actions

8 under a base closure law as detention centers for the Im9 migration and Naturalization Service.

10 (b) REPORT.—Not later than 30 months after the

11 date of the enactment of this Act, the Attorney General,

12 together with the Secretary of State, shall submit a report

13 to the Committees on the Judiciary of the House of Rep14 resentatives and of the Senate, and the Committees on

15 Armed Services of the House of Representatives and of

16 the Senate, on the feasibility of using military bases closed

17 under a base closure law as detention centers by the Immi18 gration and Naturalization Service.

19 (c) DEFINITION.—For purposes of this section, the

20 term ‘‘base closure law’’ means each of the following:

21 (1) The Defense Base Closure and Realignment

22 Act of 1990 (part A of title XXIX of Public Law

23 101–510; 10 U.S.C. 2687 note).

24 (2) Title II of the Defense Authorization

25 Amendments and Base Closure and Realignment

26 Act (Public Law 100–526; 10 U.S.C. 2687 note).
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Title I, Subtitle B

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1 (3) Section 2687 of title 10, United States

2 Code.

3 (4) Any other similar law enacted after the date

4 of the enactment of this Act.

5 SEC. 113. PILOT PROGRAM TO COLLECT RECORDS OF DE6 PARTING PASSENGERS.

7 (a) ESTABLISHMENT.—The Commissioner of the Im8 migration and Naturalization Service shall, within 180

9 days of the date of the enactment of this Act, establish

10 a pilot program in which officers of the Service collect a

11 record of departure for every alien departing the United

12 States and match the records of departure with the record

13 of the alien’s arrival in the United States. The program

14 shall be operated in as many air ports of entry as is

15 deemed appropriate, but at no less than 3 of the 5 air

16 ports of entry with the heaviest volume of incoming traffic

17 from foreign territories.

18 (b) REPORT.—

19 (1) DEADLINE.—The Commissioner shall sub20 mit a report to Congress not later than 2 years after

21 the date the pilot program is implemented under

22 subsection (a).

23 (2) INFORMATION.—The report shall include

24 the following information for each participating port

25 of entry:
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Title I, Subtitle B

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1 (A) The number of departure records col2 lected, with an accounting by country of nation3 ality of the departing alien.

4 (B) The number of departure records that

5 were successfully matched to records of the

6 alien’s prior arrival in the United States, with

7 an accounting by the alien’s country of nation8 ality and by the alien’s classification as an im9 migrant or nonimmigrant.

10 (C) The number of aliens who arrived at

11 the port of entry as nonimmigrants classified

12 under section 101(a)(15)(B) of the Immigration

13 and Nationality Act, or as a visitor under sec14 tion 217 of the Immigration and Nationality

15 Act, for whom no matching departure record

16 has been obtained through the pilot program or

17 through other means, with an accounting by the

18 alien’s country of nationality and date of arrival

19 in the United States.

20 (D) The estimated cost of establishing a

21 national system to verify the departure from

22 the United States of aliens admitted tempo23 rarily as nonimmigrants.
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Title II

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1 (3) RECOMMENDATIONS.—The report also shall

2 include specific recommendations for implementation

3 of the pilot program on a permanent basis.

4 TITLE II—ENHANCED ENFORCE5 MENT AND PENALTIES

6 AGAINST ALIEN SMUGGLING;

7 DOCUMENT FRAUD

8 TABLE OF CONTENTS OF TITLE

Subtitle A—Enhanced Enforcement and Penalties Against Alien Smuggling

Sec. 201. Wiretap authority for alien smuggling investigations.

Sec. 202. Racketeering offenses relating to alien smuggling.

Sec. 203. Expanded asset forfeiture for smuggling or harboring aliens.

Sec. 204. Increased criminal penalties for alien smuggling.

Sec. 205. Increased number of assistant United States attorneys.

Sec. 206. Undercover investigation authority.

Subtitle B—Deterrence of Document Fraud

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

documents.

Sec. 212. New civil penalties for document fraud.

Sec. 213. New civil penalty for failure to present documents.

Sec. 214. New criminal penalties for failure to disclose role as preparer of false

application for asylum and for preparing certain post-conviction applications.

Sec. 215. Criminal penalty for knowingly presenting document which fails to

contain reasonable basis in law or fact.

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

Subtitle C—Asset Forfeiture for Passport and Visa Offenses

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

Sec. 222. Subpoenas for bank records.

Sec. 223. Effective date.
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Title II, Subtitle A

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1 Subtitle A—Enhanced Enforcement

2 and Penalties Against Alien

3 Smuggling

4 SEC. 201. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN5 VESTIGATIONS.

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

7 amended—

8 (1) by striking ‘‘and’’ at the end of paragraph

9 (n),

10 (2) by redesignating paragraph (o) as para11 graph (p), and

12 (3) by inserting after paragraph (n) the follow13 ing new paragraph:

14 ‘‘(o)(1) a felony violation of section 1028 (relat15 ing to production of false identification documenta16 tion), section 1541 (relating to passport issuance

17 without authority), section 1542 (relating to false

18 statements in passport applications), section 1543

19 (relating to forgery or false use of passport), section

20 1544 (relating to misuse of passport), section 1546

21 (relating to fraud or misuse of visas, permits, or

22 other documents) of this title; or

23 ‘‘(2) a violation of section 274, 277, or 278 of

24 the Immigration and Nationality Act (relating to the

25 smuggling of aliens); or’’.
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Title II, Subtitle A

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1 SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN

2 SMUGGLING.

3 Section 1961(1) of title 18, United States Code, is

4 amended—

5 (1) by inserting ‘‘section 1028 (relating to

6 fraud and related activity in connection with identi7 fication documents),’’ before ‘‘section 1029’’;

8 (2) by inserting ‘‘section 1542 (relating to false

9 statement in application and use of passport), sec10 tion 1543 (relating to forgery or false use of pass11 port), section 1544 (relating to misuse of passport),

12 section 1546 (relating to fraud and misuse of visas,

13 permits, and other documents), sections 1581–1588

14 (relating to peonage and slavery),’’ after ‘‘section

15 1513 (relating to retaliating against a witness, vic16 tim, or an informant),’’;

17 (3) by striking ‘‘or’’ before ‘‘(E)’’; and

18 (4) by inserting before the period at the end the

19 following: ‘‘, or (F) any act which is indictable under

20 the Immigration and Nationality Act, section 274

21 (relating to bringing in and harboring certain

22 aliens), section 277 (relating to aiding or assisting

23 certain aliens to enter the United States), or section

24 278 (relating to importation of alien for immoral

25 purpose)’’.
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Title II, Subtitle A

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1 SEC. 203. EXPANDED ASSET FORFEITURE FOR SMUGGLING

2 OR HARBORING ALIENS.

3 (a) IN GENERAL.—Section 274(b) (8 U.S.C.

4 1324(b)) is amended—

5 (1) by amending subsection (b)(1) to read as

6 follows:

7 ‘‘(b) SEIZURE AND FORFEITURE.—(1)(A) Except as

8 provided in this paragraph, any property, real or personal,

9 which facilitates or is intended to facilitate, or has been

10 used in or is intended to be used in the commission of,

11 a violation of subsection (a) or of section 274A(a)(1) or

12 274A(a)(2), or which constitutes, or is derived from or

13 traceable to, the proceeds obtained directly or indirectly

14 from a commission of a violation of subsection (a) or of

15 section 274A(a)(1) or 274A(a)(2), shall be subject to sei16 zure and forfeiture.

17 ‘‘(B) No property used by any person as a common

18 carrier in the transaction of business as a common carrier

19 shall be forfeited under the provisions of this section un20 less it shall appear that the owner or other person in

21 charge of such property was a consenting party or privy

22 to the unlawful act.

23 ‘‘(C) No property shall be forfeited under the provi24 sions of this section by reason of any act or omission es25 tablished by the owner thereof to have been committed or

26 omitted by any person other than such owner while such
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Title II, Subtitle A

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1 property was unlawfully in the possession of a person

2 other than the owner in violation of the criminal laws of

3 the United States or of any State.

4 ‘‘(D)(i) Subject to clause (ii), no property shall be

5 forfeited under this paragraph to the extent of an interest

6 of any owner, by reason of any act or omission established

7 by that owner to have been committed or omitted without

8 either the knowledge or consent of the owner.

9 ‘‘(ii) Clause (i) shall not apply if the action or omis10 sion was committed by an employee or agent of the owner

11 and the action or omission was intended to further the

12 business interests of the owner or to confer any other ben13 efit upon the owner.’’;

14 (2) in paragraph (2)—

15 (A) by striking ‘‘conveyance’’ both places it

16 appears and inserting ‘‘property’’; and

17 (B) by striking ‘‘is being used in’’ and in18 serting ‘‘is being used in, is facilitating, has fa19 cilitated, or was intended to facilitate’’;

20 (3) in paragraph (3)—

21 (A) by inserting ‘‘(A)’’ immediately after

22 ‘‘(3)’’, and

23 (B) by adding at the end the following:

24 ‘‘(B) Before the seizure of any real property

25 pursuant to this section, the Attorney General shall
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Title II, Subtitle A

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1 provide notice and an opportunity to be heard to the

2 owner of the property. The Attorney General shall

3 prescribe such regulations as may be necessary to

4 carry out this subparagraph.’’;

5 (4) in paragraphs (4) and (5), by striking ‘‘a

6 conveyance’’ and ‘‘conveyance’’ each place such

7 phrase or word appears and inserting ‘‘property’’;

8 and

9 (5) in paragraph (4), by—

10 (A) striking ‘‘or’’ at the end of subpara11 graph (C),

12 (B) by striking the period at the end of

13 subparagraph (D) and inserting ‘‘; or’’, and

14 (C) by inserting at the end the following

15 new subparagraph:

16 ‘‘(E) transfer custody and ownership of

17 forfeited property to any Federal, State, or

18 local agency pursuant to section 616(c) of the

19 Tariff Act of 1930 (19 U.S.C. 1616a(c)).’’.

20 (b) EFFECTIVE DATE.—The amendments made by

21 subsection (a) shall apply to property in relation to viola22 tions occurring on or after the date of the enactment of

23 this Act.
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Title II, Subtitle A

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1 SEC. 204. INCREASED CRIMINAL PENALTIES FOR ALIEN

2 SMUGGLING.

3 (a) IN GENERAL.—Section 274(a)(1) (8 U.S.C.

4 1324(a)(1)) is amended—

5 (1) in subparagraph (B)(i), by inserting ‘‘or in

6 the case of a violation of subparagraph (A)(ii), (iii),

7 or (iv) in which the offense was done for the purpose

8 of commercial advantage or private financial gain,’’

9 after ‘‘subparagraph (A)(i)’’, and

10 (2) by adding at the end the following new sub11 paragraph:

12 ‘‘(C) Any person who engages in any conspiracy to

13 commit, or aids or abets the commission of, any of the

14 acts described in—

15 ‘‘(i) subparagraph (A)(i) shall be fined under

16 title 18, United States Code, imprisoned not more

17 than 10 years, or both; or

18 ‘‘(ii) clause (ii), (iii), or (iv) of subparagraph

19 (A) shall be fined under title 18, United States

20 Code, imprisoned not more than 5 years, or both.’’.

21 (b) SMUGGLING OF ALIENS WHO WILL COMMIT

22 CRIMES.—Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is

23 amended—

24 (1) in subparagraph (B)—

25 (A) by striking ‘‘or’’ at the end of clause

26 (ii),
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Title II, Subtitle A

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1 (B) by adding ‘‘or’’ at the end of clause

2 (iii), and

3 (C) by inserting after clause (iii) the fol4 lowing:

5 ‘‘(iv) an offense committed with the

6 intent or with reason to believe that the

7 alien unlawfully brought into the United

8 States will commit an offense against the

9 United States or any State punishable by

10 imprisonment for more than 1 year,’’; and

11 (2) by striking ‘‘be fined’’ and all that follows

12 through the period at the end and inserting the fol13 lowing: ‘‘be fined under title 18, United States Code,

14 and shall be imprisoned not less than 3 years or

15 more than 10 years.’’.

16 SEC. 205. INCREASED NUMBER OF ASSISTANT UNITED

17 STATES ATTORNEYS.

18 (a) IN GENERAL.—The number of Assistant United

19 States Attorneys that may be employed by the Depart20 ment of Justice for the fiscal year 1996 shall be increased

21 by 25 above the number of Assistant United States Attor22 neys that could be employed as of September 30, 1994.

23 (b) ASSIGNMENT.—Individuals employed to fill the

24 additional positions described in subsection (a) shall be

25 specially trained to be used for the prosecution of persons
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Title II, Subtitle A

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1 who bring into the United States or harbor illegal aliens,

2 fraud, and other criminal statutes involving illegal aliens.

3 SEC. 206. UNDERCOVER INVESTIGATION AUTHORITY.

4 (a) IN GENERAL.—Title II is amended by adding at

5 the end the following new section:

6 ‘‘UNDERCOVER INVESTIGATION AUTHORITY

7 ‘‘SEC. 294. (a) IN GENERAL.—With respect to any

8 undercover investigative operation of the Service which is

9 necessary for the detection and prosecution of crimes

10 against the United States—

11 ‘‘(1) sums appropriated for the Service may be

12 used for leasing space within the United States, the

13 District of Columbia, and the territories and posses14 sions of the United States without regard to the fol15 lowing provisions of law:

16 ‘‘(A) section 3679(a) of the Revised Stat17 utes (31 U.S.C. 1341),

18 ‘‘(B) section 3732(a) of the Revised Stat19 utes (41 U.S.C. 11(a)),

20 ‘‘(C) section 305 of the Act of June 30,

21 1949 (63 Stat. 396; 41 U.S.C. 255),

22 ‘‘(D) the third undesignated paragraph

23 under the heading ‘Miscellaneous’ of the Act of

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

25 ‘‘(E) section 3648 of the Revised Statutes

26 (31 U.S.C. 3324),
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Title II, Subtitle A

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1 ‘‘(F) section 3741 of the Revised Statutes

2 (41 U.S.C. 22), and

3 ‘‘(G) subsections (a) and (c) of section 304

4 of the Federal Property and Administrative

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

6 254 (a) and (c));

7 ‘‘(2) sums appropriated for the Service may be

8 used to establish or to acquire proprietary corpora9 tions or business entities as part of an undercover

10 operation, and to operate such corporations or busi11 ness entities on a commercial basis, without regard

12 to the provisions of section 304 of the Government

13 Corporation Control Act (31 U.S.C. 9102);

14 ‘‘(3) sums appropriated for the Service, and the

15 proceeds from the undercover operation, may be de16 posited in banks or other financial institutions with17 out regard to the provisions of section 648 of title

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

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

20 ‘‘(4) the proceeds from the undercover oper21 ation may be used to offset necessary and reasonable

22 expenses incurred in such operation without regard

23 to the provisions of section 3617 of the Revised

24 Statutes (31 U.S.C. 3302).
24

Title II, Subtitle A

•HR 1915 IH

1 The authority set forth in this subsection may be exercised

2 only upon written certification of the Commissioner, in

3 consultation with the Deputy Attorney General, that any

4 action authorized by paragraph (1), (2), (3), or (4) is nec5 essary for the conduct of the undercover operation.

6 ‘‘(b) DISPOSITION OF PROCEEDS NO LONGER RE7 QUIRED.—As soon as practicable after the proceeds from

8 an undercover investigative operation, carried out under

9 paragraphs (3) and (4) of subsection (a), are no longer

10 necessary for the conduct of the operation, the proceeds

11 or the balance of the proceeds remaining at the time shall

12 be deposited into the Treasury of the United States as

13 miscellaneous receipts.

14 ‘‘(c) DISPOSITION OF CERTAIN CORPORATIONS AND

15 BUSINESS ENTITIES.—If a corporation or business entity

16 established or acquired as part of an undercover operation

17 under paragraph (2) of subsection (a) with a net value

18 of over $50,000 is to be liquidated, sold, or otherwise dis19 posed of, the Service, as much in advance as the Commis20 sioner or Commissioner’s designee determines practicable,

21 shall report the circumstances to the Attorney General,

22 the Director of the Office of Management and Budget, and

23 the Comptroller General. The proceeds of the liquidation,

24 sale, or other disposition, after obligations are met, shall
25

Title II, Subtitle B

•HR 1915 IH

1 be deposited in the Treasury of the United States as mis2 cellaneous receipts.

3 ‘‘(d) FINANCIAL AUDITS.—The Service shall conduct

4 detailed financial audits of closed undercover operations

5 on a quarterly basis and shall report the results of the

6 audits in writing to the Deputy Attorney General.’’.

7 (b) CLERICAL AMENDMENT.—The table of contents

8 is amended by inserting after the item relating to section

9 293 the following:

‘‘Sec. 294. Undercover investigation authority.’’.

10 Subtitle B—Deterrence of

11 Document Fraud

12 SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDU13 LENT USE OF GOVERNMENT-ISSUED DOCU14 MENTS.

15 (a) FRAUD AND MISUSE OF GOVERNMENT-ISSUED

16 IDENTIFICATION DOCUMENTS.—Section 1028(b)(1) of

17 title 18, United States Code, is amended—

18 (1) in paragraph (1), by inserting ‘‘except as

19 provided in paragraphs (3) and (4),’’ after ‘‘(1)’’

20 and by striking ‘‘five years’’ and inserting ‘‘10

21 years’’;

22 (2) in paragraph (2), by inserting ‘‘except as

23 provided in paragraphs (3) and (4),’’ after ‘‘(2)’’

24 and by striking ‘‘and’’ at the end;
26

Title II, Subtitle B

•HR 1915 IH

1 (3) by redesignating paragraph (3) as para2 graph (5); and

3 (4) by inserting after paragraph (2) the follow4 ing new paragraphs:

5 ‘‘(3) a fine under this title or imprisonment for

6 not more than 15 years, or both, if the offense is

7 committed to facilitate a drug trafficking crime (as

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

9 ‘‘(4) a fine under this title or imprisonment for

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

11 committed to facilitate an act of international terror12 ism (as defined in section 2331(1) of this title); or’’.

13 (b) CHANGES TO THE SENTENCING LEVELS.—Pur14 suant to section 944 of title 28, United States Code, and

15 section 21 of the Sentencing Act of 1987, the United

16 States Sentencing Commission shall promulgate guide17 lines, or amend existing guidelines, relating to defendants

18 convicted of violating, or conspiring to violate, sections

19 1546(a) and 1028(a) of title 18, United States Code. The

20 basic offense level under section 2L2.1 of the United

21 States Sentencing Guidelines shall be increased to—

22 (1) not less than offense level 15 if the offense

23 involved 100 or more documents;

24 (2) not less than offense level 20 if the offense

25 involved 1,000 or more documents, or if the docu-
27

Title II, Subtitle B

•HR 1915 IH

1 ments were used to facilitate any other criminal ac2 tivity described in section 212(a)(2)(A)(i)(II) of the

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

4 1182(a)(A)(i)(II)) or in section 101(a)(43) of such

5 Act; and

6 (3) not less than offense level 25 if the offense

7 involved—

8 (A) the provision of documents to a person

9 known or suspected of engaging in a terrorist

10 activity (as such terms are defined in section

11 212(a)(3)(B) of the Immigration and National12 ity Act (8 U.S.C. 1182(a)(3)(B));

13 (B) the provision of documents to facilitate

14 a terrorist activity or to assist a person to en15 gage in terrorist activity (as such terms are de16 fined in section 212(a)(3)(B) of the Immigra17 tion and Nationality Act (8 U.S.C.

18 1182(a)(3)(B)); or

19 (C) the provision of documents to persons

20 involved in racketeering enterprises (as such

21 acts or activities are defined in section 1952 of

22 title 18, United States Code).

23 SEC. 212. NEW CIVIL PENALTIES FOR DOCUMENT FRAUD.

24 (a) ACTIVITIES PROHIBITED.—Section 274C(a) (8

25 U.S.C. 1324c(a)) is amended—
28

Title II, Subtitle B

•HR 1915 IH

1 (1) by striking ‘‘or’’ at the end of paragraph

2 (3);

3 (2) by striking the period at the end of para4 graph (4) and inserting ‘‘, or’’; and

5 (3) by adding at the end the following:

6 ‘‘(5) in reckless disregard of the fact that the

7 information is false or does not relate to the appli8 cant, to prepare, to file, or to assist another in pre9 paring or filing, documents which are falsely made

10 for the purpose of satisfying a requirement of this

11 Act.

12 For purposes of this section, the term ‘falsely made’ in13 cludes, with respect to a document or application, the

14 preparation or provision of the document or application

15 with knowledge or in reckless disregard of the fact that

16 such document contains a false, fictitious, or fraudulent

17 statement or material representation, or has no basis in

18 law or fact, or otherwise fails to state a material fact per19 taining to the document or application.’’.

20 (b) CONFORMING AMENDMENTS FOR CIVIL PEN21 ALTIES.—Section 274C(d)(3) (8 U.S.C. 1324c(d)(3)) is

22 amended by striking ‘‘each document used, accepted, or

23 created and each instance of use, acceptance, or creation’’

24 both places it appears and inserting ‘‘each instance of a

25 violation under subsection (a)’’.
29

Title II, Subtitle B

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1 (c) EFFECTIVE DATES.—(1) The amendments made

2 by subsection (a) shall apply to the preparation or filing

3 of documents, and assistance in such preparation or filing,

4 occurring on or after the date of the enactment of this

5 Act.

6 (2) The amendment made by subsection (b) shall

7 apply to violations occurring on or after the date of the

8 enactment of this Act.

9 SEC. 213. NEW CIVIL PENALTY FOR FAILURE TO PRESENT

10 DOCUMENTS.

11 (a) IN GENERAL.—Section 274C(a) (8 U.S.C.

12 1324c(a)), as amended by section 212(a), is further

13 amended—

14 (1) by striking ‘‘or’’ at the end of paragraph

15 (4);

16 (2) by striking the period at the end of para17 graph (5) and inserting ‘‘; or’’; and

18 (3) by adding at the end the following new

19 paragraph:

20 ‘‘(6) to present before boarding a common car21 rier for the purpose of coming to the United States

22 a document which relates to the alien’s eligibility to

23 enter the United States and to fail to present such

24 document to an immigration officer upon arrival at

25 a United States port of entry. The Attorney General
30

Title II, Subtitle B

•HR 1915 IH

1 may, in his or her discretion, waive the penalties of

2 this section with respect to an alien who knowingly

3 violates paragraph (6) if the alien is granted asylum

4 under section 208 or withholding of deportation

5 under section 243(h).’’.

6 (b) EFFECTIVE DATE.—The amendments made by

7 subsection (a) shall apply to individuals who board a com8 mon carrier on or after 30 days after the date of the enact9 ment of this Act.

10 SEC. 214. NEW CRIMINAL PENALTIES FOR FAILURE TO DIS11 CLOSE ROLE AS PREPARER OF FALSE APPLI12 CATION FOR ASYLUM AND FOR PREPARING

13 CERTAIN POST-CONVICTION APPLICATIONS.

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

15 at the end the following new subsection:

16 ‘‘(e) CRIMINAL PENALTIES FOR FAILURE TO DIS17 CLOSE ROLE AS DOCUMENT PREPARER.—

18 ‘‘(1) If a person is required by law or regulation

19 to disclose the fact that the person, on behalf of an20 other person and for a fee or other remuneration,

21 has prepared or assisted in preparing an application

22 for asylum pursuant to section 208, or the regula23 tions promulgated thereunder and who knowingly

24 and willfully fails to disclose, conceals, or covers up
31

Title II, Subtitle B

•HR 1915 IH

1 such fact, and the application was falsely made, the

2 person shall—

3 ‘‘(A) be imprisoned for not less than 2 nor

4 more than 5 years, fined in accordance with

5 title 18, United States Code, or both, and

6 ‘‘(B) be prohibited from preparing or as7 sisting in preparing, regardless of whether for

8 a fee or other remuneration, any other such ap9 plication for a period of at least 5 years and not

10 more than 15 years.

11 ‘‘(2) Whoever, having been convicted of a viola12 tion of paragraph (1), knowingly and willfully pre13 pares or assists in preparing an application for asy14 lum pursuant to section 208, or the regulations pro15 mulgated thereunder, regardless of whether for a fee

16 or other remuneration, in violation of paragraph

17 (1)(B) shall be imprisoned for not less than 5 years

18 or more than 15 years, fined in accordance with title

19 18, United States Code, or both, and prohibited

20 from preparing or assisting in preparing any other

21 such application.’’.
32

Title II, Subtitle B

•HR 1915 IH

1 SEC. 215. CRIMINAL PENALTY FOR KNOWINGLY PRESENT2 ING DOCUMENT WHICH FAILS TO CONTAIN

3 REASONABLE BASIS IN LAW OR FACT.

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

5 United States Code, is amended by striking ‘‘containing

6 any such false statement’’ and inserting ‘‘which contains

7 any such false statement or which fails to contain any rea8 sonable basis in law or fact’’.

9 SEC. 216. CRIMINAL PENALTIES FOR FALSE CLAIM TO CITI10 ZENSHIP.

11 Section 1015 of title 18, United States Code, is

12 amended—

13 (1) by striking the dash at the end of para14 graph (d) and inserting ‘‘; or’’, and

15 (2) by inserting after paragraph (d) the follow16 ing:

17 ‘‘(e) Whoever knowingly makes any false statement

18 or claim that he is, or at any time has been, a citizen

19 or national of the United States, with the intent to obtain

20 on behalf of himself, or any other person, any Federal ben21 efit or service, or to engage unlawfully in employment in

22 the United States—’’.
33

Title II, Subtitle C

•HR 1915 IH

1 Subtitle C—Asset Forfeiture for

2 Passport and Visa Offenses

3 SEC. 221. CRIMINAL FORFEITURE FOR PASSPORT AND VISA

4 RELATED OFFENSES.

5 Section 982 of title 18, United States Code, is

6 amended—

7 (1) in subsection (a), by inserting after para8 graph (5) the following new paragraph:

9 ‘‘(6) The court, in imposing sentence on a person con10 victed of a violation of, or conspiracy to violate, section

11 1541, 1542, 1543, 1544, or 1546 of this title, or a viola12 tion of, or conspiracy to violate, section 1028 of this title

13 if committed in connection with passport or visa issuance

14 or use, shall order that the person forfeit to the United

15 States any property, real or personal, which the person

16 used, or intended to be used, in committing, or facilitating

17 the commission of, the violation, and any property con18 stituting, or derived from, or traceable to, any proceeds

19 the person obtained, directly or indirectly, as a result of

20 such violation.’’, and

21 (2) in subsection (b)(1)(B), by inserting ‘‘or

22 (a)(6)’’ after ‘‘(a)(2)’’.
34

TITLE III

•HR 1915 IH

1 SEC. 222. SUBPOENAS FOR BANK RECORDS.

2 Section 986(a) of title 18, United States Code, is

3 amended by inserting ‘‘1028, 1541, 1542, 1543, 1544,

4 1546,’’ before ‘‘1956’’.

5 SEC. 223. EFFECTIVE DATE.

6 The amendments made by this subtitle shall take ef7 fect on the first day of the first month that begins more

8 than 90 days after the date of the enactment of this Act.

9 TITLE III—INSPECTION, APPRE10 HENSION, DETENTION, ADJU11 DICATION, AND REMOVAL OF

12 INADMISSIBLE AND DEPORT13 ABLE ALIENS

TABLE OF CONTENTS OF TITLE

Subtitle A—Revision of Procedures for Removal of Aliens

Sec. 300. Overview of changes in removal procedures.

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

as not admitted.

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

referral for hearing (revised section 235).

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

States (revised section 236).

Sec. 304. Removal proceedings; cancellation of removal and adjustment of status; voluntary departure (revised and new sections 239 to

240C).

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

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

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

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

Sec. 309. Effective dates; transition.

Subtitle B—Removal of Alien Terrorists

PART 1—REMOVAL PROCEDURES FOR ALIEN TERRORISTS

Sec. 321. Removal procedures for alien terrorists.
35

Title III, Subtitle A

•HR 1915 IH

‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR ALIEN

TERRORISTS

‘‘Sec. 501. Definitions.

‘‘Sec. 502. Establishment of special removal court; panel of attorneys to

assist with classified information.

‘‘Sec. 503. Application for initiation of special removal proceeding.

‘‘Sec. 504. Consideration of application.

‘‘Sec. 505. Special removal hearings.

‘‘Sec. 506. Consideration of classified information.

‘‘Sec. 507. Appeals.

‘‘Sec. 508. Detention and custody.

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

PART 2—EXCLUSION AND DENIAL OF ASYLUM FOR ALIEN TERRORISTS

Sec. 331. Membership in terrorist organization as ground for exclusion.

Sec. 332. Denial of asylum to alien terrorists.

Sec. 333. Denial of other relief for alien terrorists.

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

Sec. 341. Definition of stowaway.

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

Sec. 343. Transportation line responsibility for transit without visa aliens.

Sec. 344. Civil penalties for bringing inadmissible aliens from contiguous territories.

Subtitle D—Additional Provisions

Sec. 351. Definition of conviction.

Sec. 352. Use of term ‘‘immigration judge’’.

Sec. 353. Rescission of lawful permanent resident status.

Sec. 354. Civil penalties for failure to depart.

Sec. 355. Clarification of district court jurisdiction.

Sec. 356. Use of retired Federal employees for institutional hearing program.

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

and visa fraud.

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

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

1 Subtitle A—Revision of Procedures

2 for Removal of Aliens

3 SEC. 300. OVERVIEW OF CHANGES IN REMOVAL PROCE4 DURES.

5 This subtitle amends the provisions of the Immigra6 tion and Nationality Act relating to procedures for inspec-
36

Title III, Subtitle A

•HR 1915 IH

1 tion, exclusion, and deportation of aliens so as to provide

2 for the following:

3 (1) EXPEDITED REMOVAL FOR UNDOCUMENTED

4 ALIENS.—Aliens arriving without valid documents

5 are subject to an expedited removal process, without

6 an evidentiary hearing and subject to strictly limited

7 judicial review.

8 (2) NO REWARD FOR ILLEGAL ENTRANTS OR

9 VISA OVERSTAYERS.—No alien will gain immigration

10 benefits by entering illegally or overstaying the pe11 riod of authorized admission. Such aliens will not be

12 eligible for most discretionary immigration benefits,

13 such as suspension of removal and work authoriza14 tion.

15 (3) STRICTER STANDARDS TO ASSURE DETEN16 TION OF ALIENS.—There are more stringent stand17 ards for the release of aliens (particularly aliens con18 victed of aggravated felonies) during and after re19 moval proceedings.

20 (4) SIMPLIFIED, SINGLE REMOVAL PROCEEDING

21 (IN PLACE OF SEPARATE EXCLUSION AND DEPORTA22 TION PROCEEDINGS).—The procedures for exclusion

23 and deportation are consolidated into a simpler, sin24 gle procedure for removal of inadmissible and de25 portable aliens.
37

Title III, Subtitle A

•HR 1915 IH

1 (5) STREAMLINED JUDICIAL REVIEW.—Judicial

2 review is streamlined through removing a layer of re3 view in exclusion cases, shortening the time period

4 to file for review, and permitting the removal of in5 admissible aliens pending the review.

6 (6) INCREASED PENALTIES TO ASSURE RE7 MOVAL AND PREVENT FURTHER REENTRY.—Aliens

8 who are ordered removed are subject to civil money

9 penalties for failure to depart on time and if they

10 seek reentry they are subject to immediate removal

11 under the prior order.

12 (7) PROTECTION OF APPLICANTS FOR ASY13 LUM.—Throughout the process, the procedures pro14 tect those aliens who present credible claims for asy15 lum by giving them an opportunity for a full hearing

16 on their claims.

17 (8) REORGANIZATION.—The provisions of the

18 Act are reorganized to provide a more logical pro19 gression from arrival and inspection through pro20 ceedings and removal.
38

Title III, Subtitle A

•HR 1915 IH

1 SEC. 301. TREATING PERSONS PRESENT IN THE UNITED

2 STATES WITHOUT AUTHORIZATION AS NOT

3 ADMITTED.

4 (a) ‘‘ADMISSION’’ DEFINED.—Paragraph (13) of sec5 tion 101(a) (8 U.S.C. 1101(a)) is amended to read as fol6 lows:

7 ‘‘(13)(A) The terms ‘admission’ and ‘admitted’ mean,

8 with respect to an alien, the entry of the alien into the

9 United States after inspection and authorization by an im10 migration officer.

11 ‘‘(B) An alien who is paroled under section 212(d)(5)

12 or permitted to land temporarily as an alien crewman shall

13 not be considered to have been admitted.

14 ‘‘(C) An alien lawfully admitted for permanent resi15 dence in the United States shall not be regarded as seek16 ing an admission into the United States for purposes of

17 the immigration laws unless the alien—

18 ‘‘(i) has abandoned or relinquished that status,

19 ‘‘(ii) has engaged in illegal activity after having

20 departed the United States,

21 ‘‘(iii) has departed from the United States while

22 under legal process seeking removal of the alien

23 from the United States, including removal proceed24 ings under this Act and extradition proceedings,
39

Title III, Subtitle A

•HR 1915 IH

1 ‘‘(iv) has been convicted of an aggravated fel2 ony, unless since such conviction the alien has been

3 granted relief under section 240A(a).’’.

4 (b) INADMISSIBILITY OF ALIENS PRESENT WITHOUT

5 ADMISSION OR PAROLE.—Section 212(a) (8 U.S.C.

6 1182(a)) is further amended by redesignating paragraph

7 (9) and paragraph (10) and by inserting after paragraph

8 (8) the following new paragraph:

9 ‘‘(9) PRESENT WITHOUT ADMISSION OR PA10 ROLE.—An alien present in the United States with11 out being admitted or paroled, or who arrives in the

12 United States at any time or place other than as

13 designated by the Attorney General, is inadmis14 sible.’’.

15 (c) REVISION TO GROUND OF INADMISSIBILITY FOR

16 ILLEGAL ENTRANTS AND IMMIGRATION VIOLATORS.—

17 Subparagraphs (A) and (B) of section 212(a)(6) (8 U.S.C.

18 1182(a)(6)) are amended to read as follows:

19 ‘‘(A) ALIENS PREVIOUSLY REMOVED.—

20 ‘‘(i) ARRIVING ALIENS.—Any alien

21 who has been ordered removed under sec22 tion 235(b)(1) or at the end of proceedings

23 under section 240 initiated upon the

24 alien’s arrival in the United States and

25 who again seeks admission within 5 years
40

Title III, Subtitle A

•HR 1915 IH

1 of the date of such removal is inadmissible,

2 unless prior to the alien’s reembarkation at

3 a place outside the United States or at4 tempt to be admitted from foreign contig5 uous territory the Attorney General has

6 consented to the alien’s reapplying for ad7 mission.

8 ‘‘(ii) OTHER ALIENS.—Any alien not

9 described in clause (i) who has been or10 dered removed under section 240 or any

11 other provision of law and who again seeks

12 admission within 10 years of the date of

13 such removal (or within 20 years in the

14 case of an alien convicted of an aggravated

15 felony) is inadmissible, unless prior to the

16 alien’s reembarkation at a place outside

17 the United States or attempt to be admit18 ted from foreign contiguous territory the

19 Attorney General has consented to the

20 alien’s reapplying for admission.

21 ‘‘(B) ALIENS PRESENT UNLAWFULLY FOR

22 MORE THAN 1 YEAR.—

23 ‘‘(i) IN GENERAL.—Any alien who was

24 unlawfully present in the United States for

25 an aggregate period totaling 1 year is in-
41

Title III, Subtitle A

•HR 1915 IH

1 admissible unless the alien has remained

2 outside the United States for a period of

3 10 years.

4 ‘‘(ii) EXCEPTIONS.—

5 ‘‘(I) MINORS.—In applying

6 clause (i) no period of time before the

7 alien’s 21st birthday shall be taken

8 into account in determining the period

9 of unlawful presence in the United

10 States.

11 ‘‘(II) ASYLEES.—No period of

12 time in which an alien has a bona fide

13 application for asylum pending under

14 section 208 shall be taken into ac15 count in determining the period of un16 lawful presence in the United States

17 under clause (i).

18 ‘‘(iii) EXTENSION.—The Attorney

19 General may extend the period of 1 year

20 under clause (i) to a period of 15 months

21 in the case of an alien who applies to the

22 Attorney General (before the alien has

23 been present unlawfully in the United

24 States for a period totaling 1 year) and es-
42

Title III, Subtitle A

•HR 1915 IH

1 tablishes to the satisfaction of the Attorney

2 General that—

3 ‘‘(I) the alien is not inadmissible

4 under clause (i) at the time of the ap5 plication, and

6 ‘‘(II) the failure to extend such

7 period would constitute an extreme

8 hardship for the alien.’’.

9 (d) ADJUSTMENT IN GROUNDS FOR DEPORTA10 TION.—Section 241 (8 U.S.C. 1251) is amended—

11 (1) in the matter before paragraph (1) of sub12 section (a), by striking ‘‘in the United States’’ and

13 inserting ‘‘in and admitted to the United States’’;

14 (2) in subsection (a)(1), by striking ‘‘EXCLUD15 ABLE’’ each place it appears and inserting ‘‘INAD16 MISSIBLE’’;

17 (3) in subsection (a)(1)(A), by striking ‘‘exclud18 able’’ and inserting ‘‘inadmissible’’; and

19 (4) by amending subparagraph (B) of sub20 section (a)(1) to read as follows:

21 ‘‘(B) PRESENT IN VIOLATION OF LAW.—

22 Any alien who is present in the United States

23 in violation of this Act or any other law of the

24 United States is deportable.’’.
43

Title III, Subtitle A

•HR 1915 IH

1 SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL

2 OF INADMISSIBLE ARRIVING ALIENS; REFER3 RAL FOR HEARING (REVISED SECTION 235).

4 Section 235 (8 U.S.C. 1225) is amended to read as

5 follows:

6 ‘‘INSPECTION BY IMMIGRATION OFFICERS; EXPEDITED

7 REMOVAL OF INADMISSIBLE ARRIVING ALIENS; RE8 FERRAL FOR HEARING

9 ‘‘SEC. 235. (a) INSPECTION.—

10 ‘‘(1) ALIENS TREATED AS APPLICANTS FOR AD11 MISSION.—An alien present in the United States

12 who has not been admitted or who arrives in the

13 United States (whether or not at a designated port

14 of arrival) shall be deemed for purposes of this Act

15 an applicant for admission.

16 ‘‘(2) STOWAWAYS.—An arriving alien who is a

17 stowaway is not eligible to apply for admission or to

18 be admitted and shall be ordered removed upon in19 spection by an immigration officer.

20 ‘‘(3) INSPECTION.—All aliens (including alien

21 crewmen) who are applicants for admission or other22 wise seeking admission or readmission to or transit

23 through the United States shall be inspected by im24 migration officers.

25 ‘‘(4) WITHDRAWAL OF APPLICATION FOR AD26 MISSION.—An alien applying for admission may, in
44

Title III, Subtitle A

•HR 1915 IH

1 the discretion of the Attorney General and at any

2 time, be permitted to withdraw the application for

3 admission and depart immediately from the United

4 States.

5 ‘‘(5) STATEMENTS.—An applicant for admis6 sion may be required to state under oath any infor7 mation sought by an immigration officer regarding

8 the purposes and intentions of the applicant in seek9 ing admission to the United States, including the

10 applicant’s intended length of stay and whether the

11 applicant intends to remain permanently or become

12 a United States citizen, and whether the applicant

13 is inadmissible.

14 ‘‘(b) INSPECTION OF APPLICANTS FOR ADMISSION.—

15 ‘‘(1) INSPECTION OF ALIENS ARRIVING IN THE

16 UNITED STATES.—

17 ‘‘(A) SCREENING.—If the examining immi18 gration officer determines that an alien arriving

19 in the United States (whether or not at a port

20 of entry) is inadmissible under section

21 212(a)(6)(C) or 212(a)(7) and—

22 ‘‘(i) does not indicate either an inten23 tion to apply for asylum under section 208

24 or a fear of persecution, the officer shall

25 order the alien removed from the United
45

Title III, Subtitle A

•HR 1915 IH

1 States without further hearing or review;

2 or

3 ‘‘(ii) indicates an intention to apply

4 for asylum under section 208 or a fear of

5 persecution, the officer shall refer the alien

6 for an interview by an asylum officer under

7 subparagraph (B).

8 ‘‘(B) ASYLUM INTERVIEWS.—

9 ‘‘(i) CONDUCT BY ASYLUM OFFI10 CERS.—An asylum officer shall promptly

11 conduct interviews of aliens referred under

12 subparagraph (A)(ii).

13 ‘‘(ii) REFERRAL OF CERTAIN

14 ALIENS.—If the officer determines at the

15 time of the interview that an alien has a

16 credible fear of persecution (within the

17 meaning of clause (v)), the alien shall be

18 detained for further consideration of the

19 application for asylum.

20 ‘‘(iii) REMOVAL WITHOUT FURTHER

21 REVIEW IF NO CREDIBLE FEAR OF PERSE22 CUTION.—

23 ‘‘(I) IN GENERAL.—Subject to

24 subclause (II), if the officer deter25 mines that an alien does not have a
46

Title III, Subtitle A

•HR 1915 IH

1 credible fear of persecution, the officer

2 shall order the alien removed from the

3 United States without further hearing

4 or review.

5 ‘‘(II) REVIEW OF DETERMINA6 TION BY SUPERVISORY OFFICER.—

7 The Attorney General shall promul8 gate regulations to provide for the im9 mediate review by a supervisory asy10 lum officer at the port of entry of a

11 determination under subclause (I).

12 ‘‘(iv) INFORMATION ABOUT INTER13 VIEWS.—The Attorney General shall pro14 vide information concerning the asylum

15 interview described in this subparagraph to

16 aliens who may be eligible. An alien who is

17 eligible for such interview may consult with

18 a person or persons of the alien’s choosing

19 prior to the interview or any review there20 of, according to regulations prescribed by

21 the Attorney General. Such consultation

22 shall be at no expense to the Government

23 and shall not delay the process.

24 ‘‘(v) CREDIBLE FEAR OF PERSECU25 TION DEFINED.—For purposes of this sub-
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1 paragraph, the term ‘credible fear of perse2 cution’ means (I) that it is more probable

3 than not that the statements made by the

4 alien in support of the alien’s claim are

5 true, and (II) that there is a significant

6 possibility, in light of such statements and

7 of such other facts as are known to the of8 ficer, that the alien could establish eligi9 bility for asylum under section 208.

10 ‘‘(C) LIMITATION ON ADMINISTRATIVE RE11 VIEW.—A removal order entered in accordance

12 with subparagraph (A)(i) or (B)(iii)(I) is not

13 subject to administrative appeal, except that the

14 Attorney General shall provide by regulation for

15 prompt review of such an order under subpara16 graph (A)(i) against an alien who claims under

17 oath, or as permitted under penalty of perjury

18 under section 1746 of title 28, United States

19 Code, after having been warned of the penalties

20 for falsely making such claim under such condi21 tions, to have been lawfully admitted for perma22 nent residence.

23 ‘‘(D) LIMIT ON COLLATERAL ATTACKS.—

24 In any action brought against an alien under

25 section 275(a) or section 276, the court shall
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1 not have jurisdiction to hear any claim attack2 ing the validity of an order of removal entered

3 under subparagraph (A)(i) or (B)(iii)(I).

4 ‘‘(E) ASYLUM OFFICER DEFINED.—As

5 used in this paragraph, the term ‘asylum offi6 cer’ means an immigration officer who—

7 ‘‘(i) has had professional training in

8 country conditions, asylum law, and inter9 view techniques, and

10 ‘‘(ii) is supervised by an officer who

11 meets the condition described in clause (i).

12 ‘‘(2) INSPECTION OF OTHER ALIENS.—

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), in the case of an alien who is an ap15 plicant for admission, the examining immigra16 tion officer determines that an alien seeking ad17 mission is not clearly and beyond a doubt enti18 tled to be admitted, the alien shall be detained

19 for a hearing under section 240.

20 ‘‘(B) EXCEPTION.—Subparagraph (A)

21 shall not apply to an alien—

22 ‘‘(i) who is a crewman,

23 ‘‘(ii) to whom paragraph (1) applies,

24 or

25 ‘‘(iii) who is a stowaway.
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1 ‘‘(3) CHALLENGE OF DECISION.—The decision

2 of the examining immigration officer, if favorable to

3 the admission of any alien, shall be subject to chal4 lenge by any other immigration officer and such

5 challenge shall operate to take the alien whose privi6 lege to be admitted is so challenged, before an immi7 gration judge for a hearing under section 240.

8 ‘‘(c) REMOVAL OF ALIENS INADMISSIBLE ON SECU9 RITY AND RELATED GROUNDS.—

10 ‘‘(1) REMOVAL WITHOUT FURTHER HEARING.—

11 If an immigration officer or an immigration judge

12 suspects that an alien who has not been admitted to

13 the United States may be inadmissible under sub14 paragraph (A) (other than clause (ii)), (B), or (C)

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

16 ‘‘(A) order the alien removed, subject to

17 review under paragraph (2);

18 ‘‘(B) report the order of removal to the At19 torney General; and

20 ‘‘(C) not conduct any further inquiry or

21 hearing until ordered by the Attorney General.

22 ‘‘(2) REVIEW OF ORDER.—(A) The Attorney

23 General shall review orders issued under paragraph

24 (1).

25 ‘‘(B) If the Attorney General—
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1 ‘‘(i) is satisfied on the basis of confidential

2 information that the alien is inadmissible under

3 subparagraph (A) (other than clause (ii)), (B),

4 or (C) of section 212(a)(3), and

5 ‘‘(ii) after consulting with appropriate se6 curity agencies of the United States Govern7 ment, concludes that disclosure of the informa8 tion would be prejudicial to the public interest,

9 safety, or security,

10 the Attorney General may order the alien removed

11 without further inquiry or hearing by an immigra12 tion judge.

13 ‘‘(C) If the Attorney General does not order the

14 removal of the alien under subparagraph (B), the

15 Attorney General shall specify the further inquiry or

16 hearing that shall be conducted in the case.

17 ‘‘(3) SUBMISSION OF STATEMENT AND INFOR18 MATION.—The alien or the alien’s representative

19 may submit a written statement and additional in20 formation for consideration by the Attorney General.

21 ‘‘(d) AUTHORITY RELATING TO INSPECTIONS.—

22 ‘‘(1) AUTHORITY TO SEARCH CONVEYANCES.—

23 Immigration officers are authorized to board and

24 search any vessel, aircraft, railway car, or other con-
51

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1 veyance, or vehicle in which they believe aliens are

2 being brought into the United States.

3 ‘‘(2) AUTHORITY TO ORDER DETENTION AND

4 DELIVERY OF ARRIVING ALIENS.—Immigration offi5 cers are authorized to order an owner, agent, mas6 ter, commanding officer, person in charge, purser, or

7 consignee of a vessel or aircraft bringing an alien

8 (except an alien crewmember) to the United

9 States—

10 ‘‘(A) to detain the alien on the vessel or at

11 the airport of arrival, and

12 ‘‘(B) to deliver the alien to an immigration

13 officer for inspection or to a medical officer for

14 examination.

15 ‘‘(3) ADMINISTRATION OF OATH AND CONSID16 ERATION OF EVIDENCE.—The Attorney General and

17 any immigration officer shall have power to admin18 ister oaths and to take and consider evidence of or

19 from any person touching the privilege of any alien

20 or person he believes or suspects to be an alien to

21 enter, reenter, transit through, or reside in the

22 United States or concerning any matter which is

23 material and relevant to the enforcement of this Act

24 and the administration of the Service.
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1 ‘‘(4) SUBPOENA AUTHORITY.—(A) The Attor2 ney General and any immigration officer shall have

3 power to require by subpoena the attendance and

4 testimony of witnesses before immigration officers

5 and the production of books, papers, and documents

6 relating to the privilege of any person to enter, reen7 ter, reside in, or pass through the United States or

8 concerning any matter which is material and rel9 evant to the enforcement of this Act and the admin10 istration of the Service, and to that end may invoke

11 the aid of any court of the United States.

12 ‘‘(B) Any United States district court within

13 the jurisdiction of which investigations or inquiries

14 are being conducted by an immigration officer may,

15 in the event of neglect or refusal to respond to a

16 subpoena issued under this paragraph or refusal to

17 testify before an immigration officer, issue an order

18 requiring such persons to appear before an immigra19 tion officer, produce books, papers, and documents

20 if demanded, and testify, and any failure to obey

21 such order of the court may be punished by the

22 court as a contempt thereof.’’.
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1 SEC. 303. APPREHENSION AND DETENTION OF ALIENS NOT

2 LAWFULLY IN THE UNITED STATES (REVISED

3 SECTION 236).

4 Section 236 (8 U.S.C. 1226) is amended to read as

5 follows:

6 ‘‘APPREHENSION AND DETENTION OF ALIENS NOT

7 LAWFULLY IN THE UNITED STATES

8 ‘‘SEC. 236. (a) ARREST, DETENTION, AND RE9 LEASE.—On a warrant issued by the Attorney General,

10 an alien may be arrested and detained pending a decision

11 on whether the alien is to be removed from the United

12 States. Except as provided in subsection (c) and pending

13 such decision, the Attorney General—

14 ‘‘(1) may continue to detain the arrested alien;

15 and

16 ‘‘(2) may release the alien on—

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

18 approved by, and containing conditions pre19 scribed by, the Attorney General; or

20 ‘‘(B) conditional parole; but

21 ‘‘(3) may not provide the alien with work au22 thorization (including an ‘employment authorized’

23 endorsement or other appropriate work permit), un24 less the alien is lawfully admitted for permanent res25 idence or otherwise would (without regard to re26 moval proceedings) be provided such authorization.
54

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1 ‘‘(b) REVOCATION OF BOND OR PAROLE.—The At2 torney General at any time may revoke a bond or parole

3 authorized under subsection (a), rearrest the alien under

4 the original warrant, and detain the alien.

5 ‘‘(c) ALIENS CONVICTED OF AGGRAVATED FELO6 NIES.—

7 ‘‘(1) CUSTODY.—The Attorney General shall

8 take into custody any alien convicted of an aggra9 vated felony when the alien is released, whether the

10 alien is released on parole, supervised release, or

11 probation, or may be arrested or imprisoned again

12 for the same offense.

13 ‘‘(2) RELEASE.—The Attorney General may re14 lease the alien only if—

15 ‘‘(A) the alien was lawfully admitted to the

16 United States and satisfies the Attorney Gen17 eral that the alien will not pose a danger to the

18 safety of other persons or of property and is

19 likely to appear for any scheduled proceeding;

20 ‘‘(B) the alien was not lawfully admitted to

21 the United States, cannot be removed because

22 the designated country of removal will not ac23 cept the alien, and satisfies the Attorney Gen24 eral that the alien will not pose a danger to the

25 safety of other persons or of property and is
55

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1 likely to appear for any scheduled proceeding;

2 or

3 ‘‘(C) the Attorney General decides pursu4 ant to section 3521 of title 18, United States

5 Code, that release of the alien from custody is

6 necessary to provide protection to a witness, a

7 potential witness, a person cooperating with an

8 investigation into major criminal activity, or an

9 immediate family member or close associate of

10 a witness, potential witness, or person cooperat11 ing with such an investigation.

12 A decision relating to such release shall take place

13 in accordance with a procedure that considers the

14 severity of the offense committed by the alien.

15 ‘‘(d) IDENTIFICATION OF ALIENS CONVICTED OF AG16 GRAVATED FELONIES.—(1) The Attorney General shall

17 devise and implement a system—

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

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

20 investigative resources of the Service to determine

21 whether individuals arrested by such authorities for

22 aggravated felonies are aliens;

23 ‘‘(B) to designate and train officers and em24 ployees of the Service to serve as a liaison to Fed25 eral, State, and local law enforcement and correc-
56

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1 tional agencies and courts with respect to the arrest,

2 conviction, and release of any alien charged with an

3 aggravated felony; and

4 ‘‘(C) which uses computer resources to main5 tain a current record of aliens who have been con6 victed of an aggravated felony and who have been

7 removed.

8 ‘‘(2) The record under paragraph (1)(C) shall be

9 made available—

10 ‘‘(A) to inspectors at ports of entry and to bor11 der patrol agents at sector headquarters for pur12 poses of immediate identification of any such pre13 viously removed alien seeking to reenter the United

14 States, and

15 ‘‘(B) to officials of the Department of State for

16 use in its automated visa lookout system.’’.

17 SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF RE18 MOVAL AND ADJUSTMENT OF STATUS; VOL19 UNTARY DEPARTURE (REVISED AND NEW

20 SECTIONS 239 TO 240C).

21 (a) IN GENERAL.—Chapter 4 of title II is amended—

22 (1) by redesignating section 239 as section 234

23 and by moving such section to immediately follow

24 section 233;
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1 (2) by redesignating section 240 (8 U.S.C.

2 1230) as section 240C; and

3 (3) by inserting after section 238 the following

4 new sections:

5 ‘‘INITIATION OF REMOVAL PROCEEDINGS

6 ‘‘SEC. 239. (a) NOTICE TO APPEAR.—

7 ‘‘(1) IN GENERAL.—In removal proceedings

8 under section 240, written notice (in this section re9 ferred to as a ‘notice to appear’) shall be given in

10 person to the alien (or, if personal service is not

11 practicable, through service by mail to the alien or

12 to the alien’s counsel of record, if any) specifying the

13 following:

14 ‘‘(A) The nature of the proceedings against

15 the alien.

16 ‘‘(B) The legal authority under which the

17 proceedings are conducted.

18 ‘‘(C) The acts or conduct alleged to be in

19 violation of law.

20 ‘‘(D) The charges against the alien and the

21 statutory provisions alleged to have been vio22 lated.

23 ‘‘(E) The alien may be represented by

24 counsel and the alien will be provided (A) a pe25 riod of time to secure counsel under subsection
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1 (b)(1) and (B) a current list of counsel pre2 pared under subsection (b)(2).

3 ‘‘(F)(i) The requirement that the alien

4 must immediately provide (or have provided)

5 the Attorney General with a written record of

6 an address and telephone number (if any) at

7 which the alien may be contacted respecting

8 proceedings under section 240.

9 ‘‘(ii) The requirement that the alien must

10 provide the Attorney General immediately with

11 a written record of any change of the alien’s ad12 dress or telephone number.

13 ‘‘(iii) The consequences under section

14 240(b)(5) of failure to provide address and tele15 phone information pursuant to this subpara16 graph.

17 ‘‘(G)(i) The time and place at which the

18 proceedings will be held.

19 ‘‘(ii) The consequences under section

20 240(b)(5) of the failure, except under excep21 tional circumstances, to appear at such proceed22 ings.

23 ‘‘(2) NOTICE OF CHANGE IN TIME OR PLACE OF

24 PROCEEDINGS.—
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1 ‘‘(A) IN GENERAL.—In removal proceed2 ings under section 240, in the case of any

3 change or postponement in the time and place

4 of such proceedings, subject to subparagraph

5 (B) a written notice shall be given in person to

6 the alien (or, if personal service is not prac7 ticable, through service by mail to the alien or

8 to the alien’s counsel of record, if any) specify9 ing—

10 ‘‘(i) the new time or place of the pro11 ceedings, and

12 ‘‘(ii) the consequences under section

13 240(b)(5) of failing, except under excep14 tional circumstances, to attend such pro15 ceedings.

16 ‘‘(B) EXCEPTION.—In the case of an alien

17 not in detention, a written notice shall not be

18 required under this paragraph if the alien has

19 failed to provide the address required under

20 paragraph (1)(F).

21 ‘‘(3) CENTRAL ADDRESS FILES.—The Attorney

22 General shall create a system to record and preserve

23 on a timely basis notices of addresses and telephone

24 numbers (and changes) provided under paragraph

25 (1)(F).
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1 ‘‘(b) SECURING OF COUNSEL.—

2 ‘‘(1) IN GENERAL.—In order that an alien be

3 permitted the opportunity to secure counsel before

4 the first hearing date in proceedings under section

5 240, the hearing date shall not be scheduled earlier

6 than 10 days after the service of the notice to ap7 pear, unless the alien requests in writing an earlier

8 hearing date.

9 ‘‘(2) CURRENT LISTS OF COUNSEL.—The Attor10 ney General shall provide for lists (updated not less

11 often than quarterly) of persons who have indicated

12 their availability to represent pro bono aliens in pro13 ceedings under section 240. Such lists shall be pro14 vided under subsection (a)(1)(E) and otherwise

15 made generally available.

16 ‘‘(c) SERVICE BY MAIL.—Service by mail under this

17 section shall be sufficient if there is proof of attempted

18 delivery to the last address provided by the alien in accord19 ance with subsection (a)(1)(F).

20 ‘‘(d) PROMPT INITIATION OF REMOVAL.—(1) In the

21 case of an alien who is convicted of an offense which

22 makes the alien deportable, the Attorney General shall

23 begin any removal proceeding as expeditiously as possible

24 after the date of the conviction.
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1 ‘‘(2) Nothing in this subsection shall be construed to

2 create any substantive or procedural right or benefit that

3 is legally enforceable by any party against the United

4 States or its agencies or officers or any other person.

5 ‘‘REMOVAL PROCEEDINGS

6 ‘‘SEC. 240. (a) PROCEEDING.—

7 ‘‘(1) IN GENERAL.—An immigration judge shall

8 conduct proceedings for deciding the inadmissibility

9 or deportability of an alien.

10 ‘‘(2) CHARGES.—An alien placed in proceedings

11 under this section may be charged with any applica12 ble ground of inadmissibility under section 212(a) or

13 any applicable ground of deportability under section

14 237(a).

15 ‘‘(3) EXCLUSIVE PROCEDURES.—Unless other16 wise specified in this Act, a proceeding under this

17 section shall be the sole and exclusive procedure for

18 determining whether an alien may be admitted to

19 the United States or, if the alien has been so admit20 ted, removed from the United States. Nothing in

21 this section shall affect proceedings conducted pur22 suant to section 238.

23 ‘‘(b) CONDUCT OF PROCEEDING.—

24 ‘‘(1) AUTHORITY OF IMMIGRATION JUDGE.—

25 The immigration judge shall administer oaths, re26 ceive evidence, and interrogate, examine, and cross-
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1 examine the alien and any witnesses. The immigra2 tion judge shall have authority (under regulations

3 prescribed by the Attorney General) to sanction by

4 civil money penalty any action (or inaction) in con5 tempt of the judge’s proper exercise of authority

6 under this Act.

7 ‘‘(2) FORM OF PROCEEDING.—

8 ‘‘(A) IN GENERAL.—The proceeding may

9 take place—

10 ‘‘(i) in person,

11 ‘‘(ii) through video conference, or

12 ‘‘(iii) subject to subparagraph (B),

13 through telephone conference.

14 ‘‘(B) CONSENT REQUIRED IN CERTAIN

15 CASES.—An evidentiary hearing on the merits

16 may only be conducted through a telephone con17 ference with the consent of the alien involved

18 after the alien has been advised of the right to

19 proceed in person or through video conference.

20 ‘‘(3) PRESENCE OF ALIEN.—If, by reason of

21 the alien’s mental incompetency it is impracticable

22 for the alien to be present at the proceeding, the At23 torney General shall prescribe safeguards to protect

24 the rights and privileges of the alien.
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1 ‘‘(4) ALIENS RIGHTS IN PROCEEDING.—In pro2 ceedings under this section, under regulations of the

3 Attorney General—

4 ‘‘(A) the alien shall have the privilege of

5 being represented, at no expense to the Govern6 ment, by counsel of the alien’s choosing who is

7 authorized to practice in such proceedings,

8 ‘‘(B) the alien shall have a reasonable op9 portunity to examine the evidence against the

10 alien, to present evidence on the alien’s own be11 half, and to cross-examine witnesses presented

12 by the Government, and

13 ‘‘(C) a complete record shall be kept of all

14 testimony and evidence produced at the pro15 ceeding.

16 ‘‘(5) CONSEQUENCES OF FAILURE TO AP17 PEAR.—

18 ‘‘(A) IN GENERAL.—Any alien who, after

19 written notice required under paragraph (1) or

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

21 alien or the alien’s counsel of record, does not

22 attend a proceeding under this section, shall be

23 ordered removed in absentia if the Service es24 tablishes by clear, unequivocal, and convincing

25 evidence that the written notice was so provided
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1 and that the alien is removable (as defined in

2 subsection (e)(2)). The written notice by the

3 Attorney General shall be considered sufficient

4 for purposes of this subparagraph if provided at

5 the most recent address provided under section

6 239(a)(1)(F).

7 ‘‘(B) NO NOTICE IF FAILURE TO PROVIDE

8 ADDRESS INFORMATION.—No written notice

9 shall be required under subparagraph (A) if the

10 alien has failed to provide the address required

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

12 ‘‘(C) RESCISSION OF ORDER.—Such an

13 order may be rescinded only—

14 ‘‘(i) upon a motion to reopen filed

15 within 180 days after the date of the order

16 of removal if the alien demonstrates that

17 the failure to appear was because of excep18 tional circumstances (as defined in sub19 section (e)(1)), or

20 ‘‘(ii) upon a motion to reopen filed at

21 any time if the alien demonstrates that the

22 alien did not receive notice in accordance

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

24 or the alien demonstrates that the alien
65

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1 was in Federal or State custody and did

2 not appear through no fault of the alien.

3 The filing of the motion to reopen described in

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

5 alien pending disposition of the motion.

6 ‘‘(D) EFFECT ON JUDICIAL REVIEW.—Any

7 petition for review under section 242 of an

8 order entered in absentia under this paragraph

9 shall (except in cases described in section

10 242(b)(5)) be confined to the issues of the va11 lidity of the notice provided to the alien, to the

12 reasons for the alien’s not attending the pro13 ceeding, and to whether or not the alien is re14 movable.

15 ‘‘(6) TREATMENT OF FRIVOLOUS BEHAVIOR.—

16 The Attorney General shall, by regulation—

17 ‘‘(A) define in a proceeding before an im18 migration judge or before an appellate adminis19 trative body under this title, frivolous behavior

20 for which attorneys may be sanctioned,

21 ‘‘(B) specify the circumstances under

22 which an administrative appeal of a decision or

23 ruling will be considered frivolous and will be

24 summarily dismissed, and
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Title III, Subtitle A

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1 ‘‘(C) impose appropriate sanctions (which

2 may include suspension and disbarment) in the

3 case of frivolous behavior.

4 Nothing in this paragraph shall be construed as lim5 iting the authority of the Attorney General to take

6 actions with respect to inappropriate behavior.

7 ‘‘(7) LIMITATION ON DISCRETIONARY RELIEF

8 FOR FAILURE TO APPEAR.—Any alien against whom

9 a final order of removal is entered in absentia under

10 this subsection and who, at the time of the notice

11 described in paragraph (1) or (2) of section 239(a),

12 was provided oral notice, either in the alien’s native

13 language or in another language the alien under14 stands, of the time and place of the proceedings and

15 of the consequences under this paragraph of failing,

16 other than because of exceptional circumstances (as

17 defined in subsection (e)(1)) to attend a proceeding

18 under this section, shall not be eligible for relief

19 under section 240A, 240B, 245, 248, or 249 for a

20 period of 10 years after the date of the entry of the

21 final order of removal.

22 ‘‘(c) DECISION AND BURDEN OF PROOF.—

23 ‘‘(1) DECISION.—

24 ‘‘(A) IN GENERAL.—At the conclusion of

25 the proceeding the immigration judge shall de-
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1 cide whether an alien is removable from the

2 United States. The determination of the immi3 gration judge shall be based only on the evi4 dence produced at the hearing.

5 ‘‘(B) CERTAIN MEDICAL DECISIONS.—If a

6 medical officer or civil surgeon or board of med7 ical officers has certified under section 232(b)

8 that an alien has a disease, illness, or addiction

9 which would make the alien inadmissible under

10 paragraph (1) of section 212(a), the decision of

11 the immigration judge shall be based solely

12 upon such certification.

13 ‘‘(2) BURDEN ON ALIEN.—In the proceeding

14 the alien has the burden of establishing—

15 ‘‘(A) if the alien is an applicant for admis16 sion, that the alien is clearly and beyond doubt

17 entitled to be admitted and is not inadmissible

18 under section 212; or

19 ‘‘(B) by clear and convincing evidence, that

20 the alien is lawfully present in the United

21 States pursuant to a prior admission.

22 In meeting the burden of proof under subparagraph

23 (B), the alien shall have access to the alien’s visa or

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

25 and documents, not considered by the Attorney Gen-
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1 eral to be confidential, pertaining to the alien’s ad2 mission or presence in the United States.

3 ‘‘(3) BURDEN ON SERVICE IN CASES OF DE4 PORTABLE ALIENS.—In the proceeding the Service

5 has the burden of establishing by clear and convinc6 ing evidence that, in the case of an alien who has

7 been admitted to the United States, the alien is de8 portable. No decision on deportability shall be valid

9 unless it is based upon reasonable, substantial, and

10 probative evidence.

11 ‘‘(4) NOTICE.—If the immigration judge de12 cides that the alien is removable and orders the alien

13 to be removed, the judge shall inform the alien of

14 the right to appeal that decision and of the con15 sequences for failure to depart under the order of re16 moval, including civil and criminal penalties.

17 ‘‘(5) MOTIONS TO RECONSIDER.—

18 ‘‘(A) IN GENERAL.—The alien may file one

19 motion to reconsider a decision that the alien is

20 removable from the United States.

21 ‘‘(B) DEADLINE.—The motion must be

22 filed within 30 days of the date of entry of a

23 final administrative order of removal.
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1 ‘‘(C) CONTENTS.—The motion shall speci2 fy the errors of law or fact in the previous order

3 and shall be supported by pertinent authority.

4 ‘‘(6) MOTIONS TO REOPEN.—

5 ‘‘(A) IN GENERAL.—An alien may file one

6 motion to reopen proceedings under this sec7 tion.

8 ‘‘(B) CONTENTS.—The motion to reopen

9 shall state the new facts that will be proven at

10 a hearing to be held if the motion is granted,

11 and shall be supported by affidavits or other

12 evidentiary material.

13 ‘‘(C) DEADLINE.—

14 ‘‘(i) IN GENERAL.—Except as pro15 vided in this subparagraph, the motion to

16 reopen shall be filed within 90 days of the

17 date of entry of a final administrative

18 order of removal.

19 ‘‘(ii) ASYLUM.—There is no time limit

20 on the filing of a motion to reopen if the

21 basis of the motion is to apply for relief

22 under sections 208 or 241(b)(3) and is

23 based on changed country conditions aris24 ing in the country of nationality or the

25 country to which removal has been or-
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1 dered, if such evidence is material and was

2 not available and would not have been dis3 covered or presented at the previous pro4 ceeding.

5 ‘‘(iii) FAILURE TO APPEAR.—A mo6 tion to reopen may be filed within 180

7 days after the date of the final order of re8 moval if the order has been entered pursu9 ant to subsection (b)(5) due to the alien’s

10 failure to appear for proceedings under

11 this section and the alien establishes that

12 the alien’s failure to appear was because of

13 exceptional circumstances beyond the con14 trol of the alien or because the alien did

15 not receive the notice required under sec16 tion 239(a)(2).

17 ‘‘(d) STIPULATED REMOVAL.—The Attorney General

18 shall provide by regulation for the entry by an immigration

19 judge of an order of removal stipulated to by the alien

20 (or the alien’s representative) and the Service. A stipu21 lated order shall constitute a conclusive determination of

22 the alien’s removability from the United States.

23 ‘‘(e) DEFINITIONS.—In this section and section

24 240A:
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1 ‘‘(1) EXCEPTIONAL CIRCUMSTANCES.—The

2 term ‘exceptional circumstances’ refers to excep3 tional circumstances (such as serious illness of the

4 alien or death of the spouse, child, or parent of the

5 alien, but not including less compelling cir6 cumstances) beyond the control of the alien.

7 ‘‘(2) REMOVABLE.—The term ‘removable’

8 means—

9 ‘‘(A) in the case of an alien not admitted

10 to the United States, that the alien is inadmis11 sible under section 212, or

12 ‘‘(B) in the case of an alien admitted to

13 the United States, that the alien is deportable

14 under section 237.

15 ‘‘CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS

16 ‘‘SEC. 240A. (a) CANCELLATION OF REMOVAL FOR

17 CERTAIN PERMANENT RESIDENTS.—The Attorney Gen18 eral may cancel removal in the case of an alien who is

19 inadmissible or deportable from the United States if the

20 alien—

21 ‘‘(1) has been an alien lawfully admitted for

22 permanent residence for not less than 5 years,

23 ‘‘(2) has resided in the United States continu24 ously for 7 years after having been admitted in any

25 status, and
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1 ‘‘(3) has not been convicted of an aggravated

2 felony or felonies for which the alien has been sen3 tenced, in the aggregate, a term of imprisonment of

4 at least 5 years.

5 ‘‘(b) CANCELLATION OF REMOVAL AND ADJUSTMENT

6 OF STATUS FOR CERTAIN NONPERMANENT RESI7 DENTS.—

8 ‘‘(1) IN GENERAL.—The Attorney General may

9 cancel removal in the case of an alien who is deport10 able from the United States if the alien—

11 ‘‘(A) has been physically present in the

12 United States for a continuous period of not

13 less than 7 years since being admitted to the

14 United States,

15 ‘‘(B) has been a person of good moral

16 character during such period,

17 ‘‘(C) has not been convicted of an aggra18 vated felony, and

19 ‘‘(D) establishes that removal would result

20 in extreme hardship to the alien or to the

21 alien’s spouse, parent, or child, who is a citizen

22 of the United States or an alien lawfully admit23 ted for permanent residence.

24 ‘‘(2) SPECIAL RULE FOR BATTERED SPOUSE OR

25 CHILD.—The Attorney General may cancel removal
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1 in the case of an alien who is inadmissible or deport2 able from the United States if the alien—

3 ‘‘(A) has been battered or subjected to ex4 treme cruelty in the United States by a spouse

5 or parent who is a United States citizen or law6 ful permanent resident (or is the parent of a

7 child of a United States citizen or lawful per8 manent resident and the child has been bat9 tered or subjected to extreme cruelty in the

10 United States by such citizen or permanent

11 resident parent);

12 ‘‘(B) has been physically present in the

13 United States for a continuous period of not

14 less than 3 years immediately preceding the

15 date of such application;

16 ‘‘(C) has been a person of good moral

17 character during such period;

18 ‘‘(D) is not inadmissible under paragraph

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

20 under paragraph (1)(G) or (2) through (4) of

21 section 237, and has not been convicted of an

22 aggravated felony; and

23 ‘‘(E) establishes that removal would result

24 in extreme hardship to the alien, the alien’s
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1 child, or (in the case of an alien who is a child)

2 to the alien’s parent.

3 In acting on applications under this paragraph, the

4 Attorney General shall consider any credible evi5 dence relevant to the application. The determination

6 of what evidence is credible and the weight to be

7 given that evidence shall be within the sole discretion

8 of the Attorney General.

9 ‘‘(3) ADJUSTMENT OF STATUS.—The Attorney

10 General may adjust to the status of an alien lawfully

11 admitted for permanent residence any alien who the

12 Attorney General determines meets the requirements

13 of paragraph (1) or (2). The Attorney General shall

14 record the alien’s lawful admission for permanent

15 residence as of the date the Attorney General’s can16 cellation of removal under paragraph (1) or (2) or

17 determination under this paragraph.

18 ‘‘(c) ALIENS INELIGIBLE FOR RELIEF.—The provi19 sions of subsections (a) and (b) shall not apply to any of

20 the following aliens:

21 ‘‘(1) An alien who entered the United States as

22 a crewman subsequent to June 30, 1964.

23 ‘‘(2) An alien who was admitted to the United

24 States as a visitor for business or pleasure under

25 section 101(a)(15)(B) or as a student under section
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1 101(a)(15)(F), unless the alien has adjusted status

2 to that of an alien lawfully admitted for permanent

3 residence.

4 ‘‘(3) An alien who was admitted to the United

5 States as a nonimmigrant exchange alien as defined

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

7 of such a nonimmigrant exchange alien after admis8 sion, in order to receive graduate medical education

9 or training, regardless of whether or not the alien is

10 subject to or has fulfilled the two-year foreign resi11 dence requirement of section 212(e).

12 ‘‘(4) An alien who—

13 ‘‘(i) was admitted to the United States as

14 a nonimmigrant exchange alien as defined in

15 section 101(a)(15)(J) or has acquired the sta16 tus of such a nonimmigrant exchange alien

17 after admission other than to receive graduate

18 medical education or training,

19 ‘‘(ii) is subject to the two-year foreign resi20 dence requirement of section 212(e), and

21 ‘‘(iii) has not fulfilled that requirement or

22 received a waiver thereof.

23 ‘‘(5) An alien who is inadmissible under section

24 212(a)(3) or deportable under subparagraph (B) or

25 (D) of section 237(a)(4).
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1 ‘‘(d) SPECIAL RULES RELATING TO CONTINUOUS

2 RESIDENCE OR PHYSICAL PRESENCE.—

3 ‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—

4 For purposes of this section, any period of continu5 ous residence or continuous physical presence in the

6 United States shall be deemed to end when the alien

7 is served a notice to appear under section 239(a).

8 ‘‘(2) TREATMENT OF CERTAIN BREAKS IN

9 PRESENCE.—An alien shall be considered to have

10 failed to maintain continuous physical presence in

11 the United States under subsections (b)(1) and

12 (b)(2) if the alien has departed from the United

13 States for any continuous period exceeding 90 days

14 or for any periods in the aggregate exceeding 180

15 days.

16 ‘‘(3) CONTINUITY NOT REQUIRED BECAUSE OF

17 HONORABLE SERVICE IN ARMED FORCES AND PRES18 ENCE UPON ENTRY INTO SERVICE.—The require19 ments of continuous residence or continuous physical

20 presence in the United States under subsections (a)

21 and (b) shall not apply to an alien who—

22 ‘‘(A) has served for a minimum period of

23 24 months in an active-duty status in the

24 Armed Forces of the United States and, if sep-
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1 arated from such service, was separated under

2 honorable conditions, and

3 ‘‘(B) at the time of the alien’s enlistment

4 or induction was in the United States.

5 ‘‘VOLUNTARY DEPARTURE

6 ‘‘SEC. 240B. (a) CERTAIN CONDITIONS.—

7 ‘‘(1) IN GENERAL.—The Attorney General may

8 permit an alien voluntarily to depart the United

9 States at the alien’s own expense under this sub10 section, in lieu of being subject to proceedings under

11 section 240 or prior to the completion of such pro12 ceedings, if the alien is not deportable under section

13 237(a)(2)(A)(iii) or section 237(a)(4)(B).

14 ‘‘(2) PERIOD.—Permission to depart voluntarily

15 under this subsection shall not be valid for a period

16 exceeding 120 days.

17 ‘‘(3) BOND.—The Attorney General may re18 quire an alien permitted to depart voluntarily under

19 this subsection to post a voluntary departure bond,

20 to be surrendered upon proof that the alien has de21 parted the United States within the time specified.

22 ‘‘(4) TREATMENT OF ALIENS ARRIVING IN THE

23 UNITED STATES.—In the case of an alien who is ar24 riving in the United States and with respect to

25 whom proceedings under section 240 are (or would

26 otherwise be) initiated at the time of such alien’s ar-
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1 rival, paragraph (1) shall not apply. Nothing in this

2 paragraph shall be construed as preventing such an

3 alien from withdrawing the application for admission

4 in accordance with section 235(a)(4).

5 ‘‘(b) AT CONCLUSION OF PROCEEDINGS.—

6 ‘‘(1) IN GENERAL.—The Attorney General may

7 permit an alien voluntarily to depart the United

8 States at the alien’s own expense if, at the conclu9 sion of a proceeding under section 240, the immigra10 tion judge enters an order granting voluntary depar11 ture in lieu of removal and finds that—

12 ‘‘(A) the alien has been physically present

13 in the United States for a period of at least one

14 year immediately preceding the date the notice

15 to appear was served under section 239(a);

16 ‘‘(B) the alien is, and has been, a person

17 of good moral character for at least 5 years im18 mediately preceding the alien’s application for

19 voluntary departure,

20 ‘‘(C) the alien is not deportable under sec21 tion 237(a)(2)(A)(iii) or section 237(a)(4), and

22 ‘‘(D) the alien has established by clear and

23 convincing evidence that the alien has the

24 means to depart the United States and intends

25 to do so.
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1 ‘‘(2) PERIOD.—Permission to depart voluntarily

2 under this subsection shall not be valid for a period

3 exceeding 60 days.

4 ‘‘(3) BOND.—An alien permitted to depart vol5 untarily under this subsection shall be required to

6 post a voluntary departure bond, in an amount nec7 essary to ensure that the alien will depart, to be sur8 rendered upon proof that the alien has departed the

9 United States within the time specified.

10 ‘‘(c) ALIENS NOT ELIGIBLE.—The Attorney General

11 shall not permit an alien to depart voluntarily under this

12 section if the alien was previously permitted to so depart

13 after having been found inadmissible under section

14 212(a)(9).

15 ‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.—

16 If an alien is permitted to depart voluntarily under this

17 section and fails voluntarily to depart the United States

18 within the time period specified, the alien shall be subject

19 to a civil penalty of not less than $1,000 and not more

20 than $5,000, and be ineligible for a period of 10 years

21 for any further relief under this section and sections 240A,

22 245, 248, and 249.

23 ‘‘(e) ADDITIONAL CONDITIONS.—The Attorney Gen24 eral may by regulation limit eligibility for voluntary depar25 ture under this section for any class or classes of aliens.
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1 ‘‘(f) APPEALS OF DENIALS.—An alien may appeal

2 from denial of a request for an order of voluntary depar3 ture under subsection (b) in accordance with the proce4 dures in section 242. Notwithstanding the pendency of

5 such appeal, the alien shall be removable from the United

6 States 60 days after entry of the order of removal. The

7 alien’s removal from the United States shall not moot the

8 appeal.’’.

9 (b) REPEAL OF SECTION 212(c).—Section 212(c) (8

10 U.S.C. 1182(c)) is repealed.

11 SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED

12 REMOVED (NEW SECTION 241).

13 Title II is further amended—

14 (1) by striking section 237 (8 U.S.C. 1227),

15 (2) by redesignating section 241 as section 237

16 and by moving such section to immediately follow

17 section 236, and

18 (3) by inserting after section 240C (as redesig19 nated by section 304(a)(2)) the following new sec20 tion:

21 ‘‘DETENTION AND REMOVAL OF ALIENS ORDERED

22 REMOVED

23 ‘‘SEC. 241. (a) DETENTION, RELEASE, AND RE24 MOVAL OF ALIENS ORDERED REMOVED.—

25 ‘‘(1) REMOVAL PERIOD.—
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1 ‘‘(A) IN GENERAL.—Except as otherwise

2 provided in this section, when an alien is or3 dered removed, the Attorney General shall re4 move the alien from the United States within a

5 period of 90 days (in this section referred to as

6 the ‘removal period’).

7 ‘‘(B) BEGINNING OF PERIOD.—The re8 moval period begins on the latest of the follow9 ing:

10 ‘‘(i) The date the order of removal be11 comes administratively final.

12 ‘‘(ii) If the removal order is judicially

13 reviewed and such review serves to stay the

14 removal of the alien, the date of the court’s

15 final order.

16 ‘‘(iii) If the alien is detained or con17 fined (except under an immigration proc18 ess), the date the alien is released from de19 tention or confinement.

20 ‘‘(C) SUSPENSION OF PERIOD.—The re21 moval period shall be extended beyond a period

22 of 90 days and the alien may remain in deten23 tion during such extended period if the alien

24 willfully fails or refuses to make timely applica25 tion in good faith for travel or other documents
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1 necessary to the alien’s departure or conspires

2 or acts to prevent the alien’s removal subject to

3 an order of removal.

4 ‘‘(2) DETENTION AND RELEASE BY THE ATTOR5 NEY GENERAL.—During the removal period, the At6 torney General shall detain the alien. If there is in7 sufficient detention space to detain the alien, the At8 torney General shall make a specific finding to this

9 effect and may release the alien on a bond contain10 ing such conditions as the Attorney General may

11 prescribe.

12 ‘‘(3) SUPERVISION AFTER 90-DAY PERIOD.—If

13 the alien does not leave or is not removed within the

14 removal period, the alien, pending removal, shall be

15 subject to supervision under regulations prescribed

16 by the Attorney General. The regulations shall in17 clude provisions requiring the alien—

18 ‘‘(A) to appear before an immigration offi19 cer periodically for identification;

20 ‘‘(B) to submit, if necessary, to a medical

21 and psychiatric examination at the expense of

22 the United States Government;

23 ‘‘(C) to give information under oath about

24 the alien’s nationality, circumstances, habits,

25 associations, and activities, and other informa-
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1 tion the Attorney General considers appro2 priate; and

3 ‘‘(D) to obey reasonable written restric4 tions on the alien’s conduct or activities that

5 the Attorney General prescribes for the alien.

6 ‘‘(4) ALIENS IMPRISONED, ARRESTED, OR ON

7 PAROLE, SUPERVISED RELEASE, OR PROBATION.—

8 Except as provided in section 343(a) of the Public

9 Health Service Act (42 U.S.C. 259(a)), the Attorney

10 General may not remove an alien who is sentenced

11 to imprisonment until the alien is released from im12 prisonment. Parole, supervised release, probation, or

13 possibility of arrest or further imprisonment is not

14 a reason to defer removal.

15 ‘‘(5) REINSTATEMENT OF REMOVAL ORDERS

16 AGAINST ALIENS ILLEGALLY REENTERING.—If the

17 Attorney General finds that an alien has reentered

18 the United States illegally after having been removed

19 or having departed voluntarily, under an order of re20 moval, the prior order of removal is reinstated from

21 its original date and is not subject to being reopened

22 or reviewed, and the alien shall be removed under

23 the prior order at any time after the reentry.

24 ‘‘(6) INADMISSIBLE ALIENS.—An alien ordered

25 removed who is inadmissible under section 212 may
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1 be detained beyond the removal period and, if re2 leased, shall be subject to the terms of supervision

3 in paragraph (3).

4 ‘‘(7) EMPLOYMENT AUTHORIZATION.—No alien

5 ordered removed shall be eligible to receive author6 ization to be employed in the United States unless

7 the Attorney General makes a specific finding that—

8 ‘‘(A) the alien cannot be removed due to

9 the refusal of all countries designated by the

10 alien or under this section to receive the alien,

11 or

12 ‘‘(B) the removal of the alien is otherwise

13 impracticable or contrary to the public interest.

14 ‘‘(b) COUNTRIES TO WHICH ALIENS MAY BE RE15 MOVED.—

16 ‘‘(1) ALIENS ARRIVING AT THE UNITED

17 STATES.—Subject to paragraph (3)—

18 ‘‘(A) IN GENERAL.—Except as provided by

19 subparagraphs (B) and (C), an alien who ar20 rives at the United States and with respect to

21 whom proceedings under section 240 were initi22 ated at the time of such alien’s arrival shall be

23 removed to the country in which the alien

24 boarded the vessel or aircraft on which the alien

25 arrived in the United States.
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1 ‘‘(B) TRAVEL FROM CONTIGUOUS TERRI2 TORY.—If the alien boarded the vessel or air3 craft on which the alien arrived in the United

4 States in a foreign territory contiguous to the

5 United States, an island adjacent to the United

6 States, or an island adjacent to a foreign terri7 tory contiguous to the United States, and the

8 alien is not a native, citizen, subject, or national

9 of, or does not reside in, the territory or island,

10 removal shall be to the country in which the

11 alien boarded the vessel that transported the

12 alien to the territory or island.

13 ‘‘(C) ALTERNATIVE COUNTRIES.—If the

14 government of the country designated in sub15 paragraph (A) or (B) is unwilling to accept the

16 alien into that country’s territory, removal shall

17 be to any of the following countries, as directed

18 by the Attorney General:

19 ‘‘(i) The country of which the alien is

20 a citizen, subject, or national.

21 ‘‘(ii) The country in which the alien

22 was born.

23 ‘‘(iii) The country in which the alien

24 has a residence.
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1 ‘‘(iv) A country with a government

2 that will accept the alien into the country’s

3 territory if removal to a country described

4 in a previous clause of this subparagraph

5 is impracticable, inadvisable, or impossible.

6 ‘‘(2) OTHER ALIENS.—Subject to paragraph

7 (3)—

8 ‘‘(A) SELECTION OF COUNTRY BY

9 ALIEN.—Except as otherwise provided in this

10 paragraph—

11 ‘‘(i) any other alien who has been or12 dered removed may designate one country

13 to which the alien wants to be removed,

14 and

15 ‘‘(ii) the Attorney General shall re16 move the alien to the country the alien so

17 designates.

18 ‘‘(B) LIMITATION ON DESIGNATION.—An

19 alien may designate under subparagraph (A)(i)

20 a foreign territory contiguous to the United

21 States, an adjacent island, or an island adja22 cent to a foreign territory contiguous to the

23 United States as the place to which the alien is

24 to be removed only if the alien is a native, citi-
87

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1 zen, subject, or national of, or has resided in,

2 that designated territory or island.

3 ‘‘(C) DISREGARDING DESIGNATION.—The

4 Attorney General may disregard a designation

5 under subparagraph (A)(i) if—

6 ‘‘(i) the alien fails to designate a

7 country promptly;

8 ‘‘(ii) the government of the country

9 does not inform the Attorney General fi10 nally, within 1 month after the date the

11 Attorney General first inquires, whether

12 the government will accept the alien into

13 the country;

14 ‘‘(iii) the government of the country is

15 not willing to accept the alien into the

16 country; or

17 ‘‘(iv) the Attorney General decides

18 that removing the alien to the country is

19 prejudicial to the United States.

20 ‘‘(D) ALTERNATIVE COUNTRY.—If an alien

21 is not removed to a country designated under

22 subparagraph (A)(i), the Attorney General shall

23 remove the alien to a country of which the alien

24 is a subject, national, or citizen unless the gov25 ernment of the country—
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1 ‘‘(i) does not inform the Attorney

2 General or the alien finally, within 1

3 month after the date the Attorney General

4 first inquires or within another period of

5 time the Attorney General decides is rea6 sonable, whether the government will ac7 cept the alien into the country; or

8 ‘‘(ii) is not willing to accept the alien

9 into the country.

10 ‘‘(E) ADDITIONAL REMOVAL COUNTRIES.—

11 If an alien is not removed to a country under

12 the previous subparagraphs of this paragraph,

13 the Attorney General shall remove the alien to

14 any of the following countries:

15 ‘‘(i) The country from which the alien

16 was admitted to the United States.

17 ‘‘(ii) The country in which is located

18 the foreign port from which the alien left

19 for the United States or for a foreign terri20 tory contiguous to the United States.

21 ‘‘(iii) A country in which the alien re22 sided before the alien entered the country

23 from which the alien entered the United

24 States.
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1 ‘‘(iv) The country in which the alien

2 was born.

3 ‘‘(v) The country that had sovereignty

4 over the alien’s birthplace when the alien

5 was born.

6 ‘‘(vi) The country in which the alien’s

7 birthplace is located when the alien is or8 dered removed.

9 ‘‘(vii) If impracticable, inadvisable, or

10 impossible to remove the alien to a country

11 described in a previous clause of this sub12 paragraph, another country whose govern13 ment will accept the alien into that coun14 try.

15 ‘‘(F) REMOVAL COUNTRY WHEN UNITED

16 STATES IS AT WAR.—When the United States is

17 at war and the Attorney General decides that it

18 is impracticable, inadvisable, inconvenient, or

19 impossible to remove an alien under this sub20 section because of the war, the Attorney Gen21 eral may remove the alien—

22 ‘‘(i) to the country that is host to a

23 government in exile of the country of which

24 the alien is a citizen or subject if the gov-
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Title III, Subtitle A

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1 ernment of the host country will permit the

2 alien’s entry; or

3 ‘‘(ii) if the recognized government of

4 the country of which the alien is a citizen

5 or subject is not in exile, to a country, or

6 a political or territorial subdivision of a

7 country, that is very near the country of

8 which the alien is a citizen or subject, or,

9 with the consent of the government of the

10 country of which the alien is a citizen or

11 subject to another country.

12 ‘‘(3) RESTRICTION ON REMOVAL TO A COUNTRY

13 WHERE ALIEN’S LIFE OR FREEDOM WOULD BE

14 THREATENED.—

15 ‘‘(A) IN GENERAL.—Notwithstanding

16 paragraphs (1) and (2), the Attorney General

17 may not remove an alien to a country if the At18 torney General decides that the alien’s life or

19 freedom would be threatened in that country

20 because of the alien’s race, religion, nationality,

21 membership in a particular social group, or po22 litical opinion.

23 ‘‘(B) EXCEPTION.—Subparagraph (A)

24 does not apply to an alien deportable under sec-
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Title III, Subtitle A

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1 tion 237(a)(4)(D) or if the Attorney General

2 decides that—

3 ‘‘(i) the alien ordered, incited, as4 sisted, or otherwise participated in the per5 secution of an individual because of the in6 dividual’s race, religion, nationality, mem7 bership in a particular social group, or po8 litical opinion;

9 ‘‘(ii) the alien, having been convicted

10 by a final judgment of a particularly seri11 ous crime (including any aggravated fel12 ony), is a danger to the community of the

13 United States;

14 ‘‘(iii) there are serious reasons to be15 lieve that the alien committed a serious

16 nonpolitical crime outside the United

17 States before the alien arrived in the

18 United States; or

19 ‘‘(iv) there are reasonable grounds to

20 believe that the alien is a danger to the se21 curity of the United States.

22 For purposes of clause (ii), an alien who has

23 been convicted of an aggravated felony shall be

24 considered to have committed a particularly se25 rious crime. For purposes of clause (iv), an
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1 alien who is described in section 237(a)(4)(B)

2 shall be considered to be an alien with respect

3 to whom there are reasonable grounds for re4 garding as a danger to the security of the

5 United States.

6 ‘‘(c) REMOVAL OF ALIENS ARRIVING AT PORT OF

7 ENTRY.—

8 ‘‘(1) VESSELS AND AIRCRAFT.—An alien arriv9 ing at a port of entry of the United States who is

10 ordered removed either without a hearing under sec11 tion 235(a)(1) or 235(c) or pursuant to proceedings

12 under section 240 initiated at the time of such

13 alien’s arrival shall be removed immediately on a

14 vessel or aircraft owned by the owner of the vessel

15 or aircraft on which the alien arrived in the United

16 States, unless—

17 ‘‘(A) it is impracticable to remove the alien

18 on one of those vessels or aircraft within a rea19 sonable time, or

20 ‘‘(B) the alien is a stowaway who has been

21 ordered removed in accordance with section

22 235(a)(1), who has requested political asylum,

23 and whose application has not been adjudicated

24 or whose asylum application has been denied
93

Title III, Subtitle A

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1 but who has not exhausted any remaining ap2 peal rights.

3 ‘‘(2) STAY OF REMOVAL.—

4 ‘‘(A) IN GENERAL.—The Attorney General

5 may stay the removal of an alien under this

6 subsection if the Attorney General decides

7 that—

8 ‘‘(i) immediate removal is not prac9 ticable or proper; or

10 ‘‘(ii) the alien is needed to testify for

11 the United States Government in the pros12 ecution of a person for a violation of a law

13 of the United States.

14 ‘‘(B) PAYMENT OF DETENTION COSTS.—

15 During the period an alien is detained because

16 of a stay of removal under subparagraph

17 (A)(ii), the Attorney General may pay from the

18 appropriation ‘Immigration and Naturalization

19 Service—Salaries and Expenses’—

20 ‘‘(i) the cost of maintenance of the

21 alien; and

22 ‘‘(ii) a witness fee of $1 a day.

23 ‘‘(C) RELEASE DURING STAY.—The Attor24 ney General may release an alien, whose re-
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Title III, Subtitle A

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1 moval is stayed under subparagraph (A)(ii)

2 on—

3 ‘‘(i) the alien’s filing a bond of at

4 least $500 with security approved by the

5 Attorney General;

6 ‘‘(ii) condition that the alien appear

7 when required as a witness and for re8 moval; and

9 ‘‘(iii) other conditions the Attorney

10 General may prescribe.

11 ‘‘(3) COSTS OF DETENTION AND MAINTENANCE

12 PENDING REMOVAL.—

13 ‘‘(A) GENERAL.—Except as provided in

14 subparagraph (B) and paragraph (4), an owner

15 of a vessel or aircraft bringing an alien to the

16 United States shall pay the costs of detaining

17 and maintaining the alien—

18 ‘‘(i) while the alien is detained under

19 subsection (d)(1), and

20 ‘‘(ii) in the case of an alien who is a

21 stowaway, while the alien is being detained

22 pursuant to subsection (d)(2)(A) or

23 (d)(2)(B)(ii).

24 ‘‘(B) NONAPPLICATION.—Subparagraph

25 (A) shall not apply if—
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1 ‘‘(i) the alien is a crewmember;

2 ‘‘(ii) the alien has an immigrant visa;

3 ‘‘(iii) the alien has a nonimmigrant

4 visa or other documentation authorizing

5 the alien to apply for temporary admission

6 to the United States and applies for admis7 sion not later than 120 days after the date

8 the visa or documentation was issued;

9 ‘‘(iv) the alien has a reentry permit

10 and applies for admission not later than

11 120 days after the date of the alien’s last

12 inspection and admission;

13 ‘‘(v)(I) the alien has an nonimmigrant

14 visa or other documentation authorizing

15 the alien to apply for temporary admission

16 to the United States or a reentry permit;

17 ‘‘(II) the alien applies for admission

18 more than 120 days after the date the visa

19 or documentation was issued or after the

20 date of the last inspection and admission

21 under the reentry permit; and

22 ‘‘(III) the owner of the vessel or air23 craft satisfies the Attorney General that

24 the existence of the condition relating to

25 inadmissibility could not have been discov-
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Title III, Subtitle A

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1 ered by exercising reasonable care before

2 the alien boarded the vessel or aircraft; or

3 ‘‘(vi) the individual claims to be a na4 tional of the United States and has a

5 United States passport.

6 ‘‘(d) REQUIREMENTS OF PERSONS PROVIDING

7 TRANSPORTATION.—

8 ‘‘(1) REMOVAL AT TIME OF ARRIVAL.—An

9 owner, agent, master, commanding officer, person in

10 charge, purser, or consignee of a vessel or aircraft

11 bringing an alien (except an alien crewmember) to

12 the United States shall—

13 ‘‘(A) receive an alien back on the vessel or

14 aircraft or another vessel or aircraft owned or

15 operated by the same interests if the alien is or16 dered removed under this part; and

17 ‘‘(B) take the alien to the foreign country

18 to which the alien is ordered removed.

19 ‘‘(2) ALIEN STOWAWAYS.—An owner, agent,

20 master, commanding officer, charterer, or consignee

21 of a vessel or aircraft arriving in the United States

22 with an alien stowaway—

23 ‘‘(A) shall detain the alien on board the

24 vessel or aircraft;
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1 ‘‘(B) may not permit the stowaway to land

2 in the United States, except pursuant to regula3 tions of the Attorney General temporarily—

4 ‘‘(i) for medical treatment,

5 ‘‘(ii) for detention of the stowaway by

6 the Attorney General, or

7 ‘‘(iii) for departure or removal of the

8 stowaway; and

9 ‘‘(C) if ordered by an immigration officer,

10 shall remove the stowaway on the vessel or air11 craft or on another vessel or aircraft.

12 ‘‘(3) REMOVAL UPON ORDER.—An owner,

13 agent, master, commanding officer, person in

14 charge, purser, or consignee of a vessel, aircraft, or

15 other transportation line shall comply with an order

16 of the Attorney General to take on board, guard

17 safely, and transport to the destination specified any

18 alien ordered to be removed under this Act.

19 ‘‘(e) PAYMENT OF EXPENSES OF REMOVAL.—

20 ‘‘(1) COSTS OF REMOVAL AT TIME OF ARRIV21 AL.—In the case of an alien who is a stowaway or

22 who is ordered removed either without a hearing

23 under section 235(a)(1) or 235(c) or pursuant to

24 proceedings under section 240 initiated at the time

25 of such alien’s arrival, the owner of the vessel or air-
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1 craft (if any) on which the alien arrived in the

2 United States shall pay the transportation cost of

3 removing the alien. If removal is on a vessel or air4 craft not owned by the owner of the vessel or air5 craft on which the alien arrived in the United

6 States, the Attorney General may—

7 ‘‘(A) pay the cost from the appropriation

8 ‘Immigration and Naturalization Service—Sala9 ries and Expenses’; and

10 ‘‘(B) recover the amount of the cost in a

11 civil action from the owner, agent, or consignee

12 of the vessel or aircraft (if any) on which the

13 alien arrived in the United States.

14 ‘‘(2) COSTS OF REMOVAL TO PORT OF REMOVAL

15 FOR ALIENS ADMITTED OR PERMITTED TO LAND.—

16 In the case of an alien who has been admitted or

17 permitted to land and is ordered removed, the cost

18 (if any) of removal of the alien to the port of re19 moval shall be at the expense of the appropriation

20 for the enforcement of this Act.

21 ‘‘(3) COSTS OF REMOVAL FROM PORT OF RE22 MOVAL FOR ALIENS ADMITTED OR PERMITTED TO

23 LAND.—

24 ‘‘(A) IN GENERAL.—Except as provided in

25 subparagraph (B), in the case of an alien who
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1 has been admitted or permitted to land and is

2 ordered removed, the cost (if any) of removal of

3 the alien from the port of removal shall be at

4 the expense of the appropriation for the en5 forcement of this Act.

6 ‘‘(B) COSTS OF REMOVAL FROM PORT OF

7 REMOVAL.—

8 ‘‘(i) IN GENERAL.—In the case of an

9 alien described in clause (ii), the cost of re10 moval of the alien from the port of removal

11 may be charged to any owner of the vessel,

12 aircraft, or other transportation line by

13 which the alien came to the United States.

14 ‘‘(ii) ALIENS DESCRIBED.—An alien

15 described in this clause is an alien who—

16 ‘‘(I) is admitted to the United

17 States (other than lawfully admitted

18 for permanent residence) and is or19 dered removed within 5 years of the

20 date of admission based on a ground

21 that existed before or at the time of

22 admission, or

23 ‘‘(II) is an alien crewman per24 mitted to land temporarily under sec-
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1 tion 252 and is ordered removed with2 in 5 years of the date of landing.

3 ‘‘(C) COSTS OF REMOVAL OF CERTAIN

4 ALIENS GRANTED VOLUNTARY DEPARTURE.—In

5 the case of an alien who has been granted vol6 untary departure under section 240B and who

7 is financially unable to depart at the alien’s own

8 expense and the Attorney General deems the

9 alien’s removal to be in the best interest of the

10 United States, the expense of such removal may

11 be paid from the appropriation for the enforce12 ment of this Act.

13 ‘‘(f) ALIENS REQUIRING PERSONAL CARE DURING

14 REMOVAL.—

15 ‘‘(1) IN GENERAL.—If the Attorney General be16 lieves that an alien being removed requires personal

17 care because of the alien’s mental or physical condi18 tion, the Attorney General may employ a suitable

19 person for that purpose who shall accompany and

20 care for the alien until the alien arrives at the final

21 destination.

22 ‘‘(2) COSTS.—The costs of providing the service

23 described in paragraph (1) shall be defrayed in the

24 same manner as the expense of the removing the ac25 companied alien is defrayed under this section.
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1 ‘‘(g) PLACES OF DETENTION.—The Attorney Gen2 eral shall arrange for appropriate places of detention for

3 aliens detained pending removal or a decision on removal.

4 When United States Government facilities are unavailable

5 or facilities adapted or suitably located for detention are

6 unavailable for rental, the Attorney General may expend

7 from the appropriation ‘Immigration and Naturalization

8 Service—Salaries and Expenses’, without regard to sec9 tion 3709 of the Revised Statutes (41 U.S.C. 5), amounts

10 necessary to acquire land and to acquire, build, remodel,

11 repair, and operate facilities (including living quarters for

12 immigration officers if not otherwise available) necessary

13 for detention.’’.

14 SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SEC15 TION 242).

16 (a) IN GENERAL.—Section 242 (8 U.S.C. 1252) is

17 amended—

18 (1) by redesignating subsection (j) as a sub19 section (h) and by moving such subsection and add20 ing it at the end of section 241, as amended by sec21 tion 305(3); and

22 (2) by amending the remainder of section 242

23 to read as follows:

24 ‘‘JUDICIAL REVIEW OF ORDERS OF REMOVAL

25 ‘‘SEC. 242. (a) APPLICABLE PROVISIONS.—
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1 ‘‘(1) GENERAL ORDERS OF REMOVAL.—Judicial

2 review of a final order of removal (other than an

3 order of removal without a hearing pursuant to sec4 tion 235(b)(1)) is governed only by chapter 158 of

5 title 28 of the United States Code, except as pro6 vided in subsection (b) and except that the court

7 may not order the taking of additional evidence

8 under section 2347(c) of such title.

9 ‘‘(2) LIMITATIONS ON REVIEW RELATING TO

10 SECTION 235(b)(1).—Notwithstanding any other pro11 vision of law, no court shall have jurisdiction to re12 view—

13 ‘‘(A) except as provided in subsection (f),

14 any individual determination or to entertain any

15 other cause or claim arising from or relating to

16 the implementation or operation of an order of

17 removal pursuant to section 235(b)(1),

18 ‘‘(B) a decision by the Attorney General to

19 invoke the provisions of such section,

20 ‘‘(C) the application of such section to in21 dividual aliens, including the determination

22 made under section 235(b)(1)(B), and

23 ‘‘(D) procedures and policies adopted by

24 the Attorney General to implement the provi25 sions of section 235(b)(1).
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1 ‘‘(3) TREATMENT OF CERTAIN DECISIONS.—No

2 alien shall have a right to appeal from a decision of

3 an immigration judge which is based solely on a cer4 tification described in section 240(a)(1)(B).

5 ‘‘(b) REQUIREMENTS FOR ORDERS OF REMOVAL.—

6 With respect to review of an order of removal under sub7 section (a)(1), the following requirements apply:

8 ‘‘(1) DEADLINE.—The petition for review must

9 be filed not later than 30 days after the date of the

10 final order of removal.

11 ‘‘(2) VENUE AND FORMS.—The petition for re12 view shall be filed with the court of appeals for the

13 judicial circuit in which the immigration judge com14 pleted the proceedings. The record and briefs do not

15 have to be printed. The court of appeals shall review

16 the proceeding on a typewritten record and on type17 written briefs.

18 ‘‘(3) SERVICE.—

19 ‘‘(A) IN GENERAL.—The respondent is the

20 Attorney General. The petition shall be served

21 on the Attorney General and on the officer or

22 employee of the Service in charge of the Service

23 district in which the initial proceedings under

24 section 240 were conducted.

25 ‘‘(B) STAY OF ORDER.—
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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), service of the petition

3 on the officer or employee stays the re4 moval of an alien pending the court’s deci5 sion on the petition, unless the court or6 ders otherwise.

7 ‘‘(ii) EXCEPTION.—If the alien has

8 been convicted of an aggravated felony, or

9 the alien has been ordered removed pursu10 ant to a finding that the alien is inadmis11 sible under section 212, service of the peti12 tion does not stay the removal unless the

13 court orders otherwise.

14 ‘‘(4) DECISION.—Except as provided in para15 graph (5)(B)—

16 ‘‘(A) the court of appeals shall decide the

17 petition only on the administrative record on

18 which the order of removal is based,

19 ‘‘(B) the administrative findings of fact are

20 conclusive if supported by reasonable, substan21 tial, and probative evidence on the record con22 sidered as a whole, and

23 ‘‘(C) a decision that an alien is not eligible

24 for admission to the United States is conclusive

25 unless manifestly contrary to law.
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1 ‘‘(5) TREATMENT OF NATIONALITY CLAIMS.—

2 ‘‘(A) COURT DETERMINATION IF NO ISSUE

3 OF FACT.—If the petitioner claims to be a na4 tional of the United States and the court of ap5 peals finds from the pleadings and affidavits

6 that no genuine issue of material fact about the

7 petitioner’s nationality is presented, the court

8 shall decide the nationality claim.

9 ‘‘(B) TRANSFER IF ISSUE OF FACT.—If

10 the petitioner claims to be a national of the

11 United States and the court of appeals finds

12 that a genuine issue of material fact about the

13 petitioner’s nationality is presented, the court

14 shall transfer the proceeding to the district

15 court of the United States for the judicial dis16 trict in which the petitioner resides for a new

17 hearing on the nationality claim and a decision

18 on that claim as if an action had been brought

19 in the district court under section 2201 of title

20 28, United States Code.

21 ‘‘(C) LIMITATION ON DETERMINATION.—

22 The petitioner may have the nationality claim

23 decided only as provided in this section.

24 ‘‘(6) CONSOLIDATION WITH REVIEW OF MO25 TIONS TO REOPEN OR RECONSIDER.—When a peti-
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1 tioner seeks review of an order under this section,

2 any review sought of a motion to reopen or recon3 sider the order shall be consolidated with the review

4 of the order.

5 ‘‘(7) CHALLENGE OF VALIDITY OF ORDERS.—

6 ‘‘(A) IN CERTAIN CRIMINAL PROCEED7 INGS.—If the validity of an order of removal

8 has not been judicially decided, a defendant in

9 a criminal proceeding charged with violating

10 section 243 may challenge the validity of the

11 order in the criminal proceeding only by filing

12 a separate motion before trial. The district

13 court, without a jury, shall decide the motion

14 before trial.

15 ‘‘(B) CLAIMS OF UNITED STATES NATION16 ALITY WHERE NO ISSUE OF FACT.—If the de17 fendant claims in the motion to be a national

18 of the United States and the district court finds

19 that no genuine issue of material fact about the

20 defendant’s nationality is presented, the court

21 shall decide the motion only on the administra22 tive record on which the removal order is based.

23 The administrative findings of fact are conclu24 sive if supported by reasonable, substantial, and
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1 probative evidence on the record considered as

2 a whole.

3 ‘‘(C) CLAIMS OF UNITED STATES NATION4 ALITY WHERE ISSUE OF FACT.—If the defend5 ant claims in the motion to be a national of the

6 United States and the district court finds that

7 a genuine issue of material fact about the de8 fendant’s nationality is presented, the court

9 shall hold a new hearing on the nationality

10 claim and decide that claim as if an action had

11 been brought under section 2201 of title 28,

12 United States Code.

13 ‘‘(D) CONSEQUENCE OF INVALIDATION.—

14 If the district court rules that the removal order

15 is invalid, the court shall dismiss the indict16 ment. The United States Government may ap17 peal the dismissal to the court of appeals for

18 the appropriate circuit within 30 days. The de19 fendant may not file a petition for review under

20 this section during the criminal proceeding. The

21 defendant may have the nationality claim de22 cided only as provided in this section.

23 ‘‘(8) CONSTRUCTION.—This subsection—

24 ‘‘(A) does not prevent the Attorney Gen25 eral, after a final order of removal has been is-
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1 sued, from detaining the alien under section

2 241(a);

3 ‘‘(B) does not relieve the alien from com4 plying with section 241(a)(4) and section

5 243(g); and

6 ‘‘(C) except as provided in paragraph (3),

7 does not require the Attorney General to defer

8 removal of the alien.

9 ‘‘(c) REQUIREMENTS FOR PETITION.—A petition for

10 review or for habeas corpus of an order of removal shall

11 state whether a court has upheld the validity of the order,

12 and, if so, shall state the name of the court, the date of

13 the court’s ruling, and the kind of proceeding.

14 ‘‘(d) REVIEW OF FINAL ORDERS.—A court may re15 view a final order of removal only if—

16 ‘‘(1) the alien has exhausted all administrative

17 remedies available to the alien as of right, and

18 ‘‘(2) another court has not decided the validity

19 of the order, unless the reviewing court finds that

20 the petition presents grounds that could not have

21 been presented in the prior judicial proceeding or

22 that the remedy provided by the prior proceeding

23 was inadequate or ineffective to test the validity of

24 the order.
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1 ‘‘(e) LIMITED REVIEW FOR NON-PERMANENT RESI2 DENTS CONVICTED OF AGGRAVATED FELONIES.—

3 ‘‘(1) IN GENERAL.—A petition for review filed

4 by an alien against whom a final order of removal

5 has been issued under section 238 may challenge

6 only whether—

7 ‘‘(A) the alien is the alien described in the

8 order,

9 ‘‘(B) the alien is an alien described in sec10 tion 238(b)(2) and has been convicted after

11 entry into the United States of an aggravated

12 felony, and

13 ‘‘(C) the alien was given the procedures de14 scribed in section 238(b)(4).

15 ‘‘(2) LIMITED JURISDICTION.—A court review16 ing the petition has jurisdiction only to review the is17 sues described in paragraph (1).

18 ‘‘(f) JUDICIAL REVIEW OF ORDERS UNDER SECTION

19 235(b)(1).—

20 ‘‘(1) APPLICATION.—The provisions of this sub21 section apply with respect to judicial review of or22 ders of removal effected under section 235(b)(1).

23 ‘‘(2) LIMITATIONS ON RELIEF.—Regardless of

24 the nature of the action or claim or of the identity

25 of the party or parties bringing the action, no court
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1 shall have jurisdiction or authority to enter declara2 tory, injunctive, or other equitable relief not specifi3 cally authorized in this subsection, or to certify a

4 class under Rule 23 of the Federal Rules of Civil

5 Procedure.

6 ‘‘(3) LIMITATION TO HABEAS CORPUS.—Judi7 cial review of any matter, cause, claim, or individual

8 determination made or arising under or pertaining

9 to section 235(b)(1) shall only be available in habeas

10 corpus proceedings, and shall be limited to deter11 minations of—

12 ‘‘(A) whether the petitioner is an alien,

13 ‘‘(B) whether the petitioner was ordered

14 removed under such section, and

15 ‘‘(C) whether the petitioner can prove by a

16 preponderance of the evidence that the peti17 tioner is an alien lawfully admitted for perma18 nent residence and is entitled to such further

19 inquiry as prescribed by the Attorney General

20 pursuant to section 235(b)(1)(C).

21 ‘‘(4) DECISION.—In any case where the court

22 determines that the petitioner—

23 ‘‘(A) is an alien who was not ordered re24 moved under section 235(b)(1), or
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1 ‘‘(B) has demonstrated by a preponderance

2 of the evidence that the alien is a lawful perma3 nent resident,

4 the court may order no remedy or relief other than

5 to require that the petitioner be provided a hearing

6 in accordance with section 240, or a determination

7 in accordance with section 273(d). Any alien who is

8 provided a hearing under section 240 pursuant to

9 this paragraph may thereafter obtain judicial review

10 of any resulting final order of removal pursuant to

11 subsection (a)(1).

12 ‘‘(5) SCOPE OF INQUIRY.—In determining

13 whether an alien has been ordered removed under

14 section 235(b)(1), the court’s inquiry shall be limited

15 to whether such an order in fact was issued and

16 whether it relates to the petitioner. There shall be

17 no review of whether the alien is actually inadmis18 sible or entitled to any relief from removal.

19 ‘‘(g) LIMIT ON INJUNCTIVE RELIEF.—Regardless of

20 the nature of the action or claim or of the identity of the

21 party or parties bringing the action, no court (other than

22 the Supreme Court) shall have jurisdiction or authority

23 to enjoin or restrain the operation of the provisions of

24 chapter 4 of title II, as amended by the Immigration in

25 the National Interest Act of 1995, other than with respect
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1 to the application of such provisions to an individual alien

2 against whom proceedings under such chapter have been

3 initiated.’’.

4 (b) REPEAL OF SECTION 106.—Section 106 (8

5 U.S.C. 1105a) is repealed.

6 SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED

7 SECTION 243).

8 (a) IN GENERAL.—Section 243 (8 U.S.C. 1253) is

9 amended to read as follows:

10 ‘‘PENALTIES RELATED TO REMOVAL

11 ‘‘SEC. 243. ‘‘(a) PENALTY FOR FAILURE TO DE12 PART.—

13 ‘‘(1) IN GENERAL.—Any alien against whom a

14 final order of removal is outstanding by reason of

15 being a member of any of the classes described in

16 section 237(a), who—

17 ‘‘(A) willfully fails or refuses to depart

18 from the United States within a period of 90

19 days from the date of the final order of removal

20 under administrative processes, or if judicial re21 view is had, then from the date of the final

22 order of the court,

23 ‘‘(B) willfully fails or refuses to make time24 ly application in good faith for travel or other

25 documents necessary to the alien’s departure,
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1 ‘‘(C) connives or conspires, or takes any

2 other action, designed to prevent or hamper or

3 with the purpose of preventing or hampering

4 the alien’s departure pursuant to such, or

5 ‘‘(D) willfully fails or refuses to present

6 himself or herself for removal at the time and

7 place required by the Attorney General pursu8 ant to such order,

9 shall be fined under title 18, United States Code, or

10 imprisoned not more than four years (or 10 years if

11 the alien is a member of any of the classes described

12 in paragraph (1)(E), (2), (3), or (4) of section

13 237(a)) or both.

14 ‘‘(2) EXCEPTION.—It is not a violation of para15 graph (1) to take any proper steps for the purpose

16 of securing cancellation of or exemption from such

17 order of removal or for the purpose of securing the

18 alien’s release from incarceration or custody.

19 ‘‘(3) SUSPENSION.—The court may for good

20 cause suspend the sentence of an alien under this

21 subsection and order the alien’s release under such

22 conditions as the court may prescribe. In determin23 ing whether good cause has been shown to justify re24 leasing the alien, the court shall take into account

25 such factors as—
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1 ‘‘(A) the age, health, and period of deten2 tion of the alien,

3 ‘‘(B) the effect of the alien’s release upon

4 the national security and public peace or safety,

5 ‘‘(C) the likelihood of the alien’s resuming

6 or following a course of conduct which made or

7 would make the alien deportable,

8 ‘‘(D) the character of the efforts made by

9 such alien himself and by representatives of the

10 country or countries to which the alien’s re11 moval is directed to expedite the alien’s depar12 ture from the United States,

13 ‘‘(E) the reason for the inability of the

14 Government of the United States to secure

15 passports, other travel documents, or removal

16 facilities from the country or countries to which

17 the alien has been ordered removed, and

18 ‘‘(F) the eligibility of the alien for discre19 tionary relief under the immigration laws.

20 ‘‘(b) WILLFUL FAILURE TO COMPLY WITH TERMS

21 OF RELEASE UNDER SUPERVISION.—An alien who shall

22 willfully fail to comply with regulations or requirements

23 issued pursuant to section 241(a)(3) or knowingly give

24 false information in response to an inquiry under such sec-
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1 tion shall be fined not more than $1,000 or imprisoned

2 for not more than one year, or both.

3 ‘‘(c) PENALTIES RELATING TO VESSELS AND AIR4 CRAFT.—

5 ‘‘(1) CIVIL PENALTIES.—

6 ‘‘(A) FAILURE TO CARRY OUT CERTAIN

7 ORDERS.—If the Attorney General is satisfied

8 that a person has violated subsection (d) or (e)

9 of section 241, the person shall pay to the Com10 missioner the sum of $2,000 for each violation.

11 ‘‘(B) FAILURE TO REMOVE ALIEN STOW12 AWAYS.—If the Attorney General is satisfied

13 that a person has failed to remove an alien

14 stowaway as required under section 241(d)(2),

15 the person shall pay to the Commissioner the

16 sum of $5,000 for each alien stowaway not re17 moved.

18 ‘‘(C) NO COMPROMISE.—The Attorney

19 General may not compromise the amount of

20 such penalty under this paragraph.

21 ‘‘(2) CLEARING VESSELS AND AIRCRAFT.—

22 ‘‘(A) CLEARANCE BEFORE DECISION ON

23 LIABILITY.—A vessel or aircraft may be grant24 ed clearance before a decision on liability is

25 made under paragraph (1) only if a bond ap-
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1 proved by the Attorney General or an amount

2 sufficient to pay the civil penalty is deposited

3 with the Commissioner.

4 ‘‘(B) PROHIBITION ON CLEARANCE WHILE

5 PENALTY UNPAID.—A vessel or aircraft may

6 not be granted clearance if a civil penalty im7 posed under paragraph (1) is not paid.

8 ‘‘(d) DISCONTINUING GRANTING VISAS TO NATION9 ALS OF COUNTRY DENYING OR DELAYING ACCEPTING

10 ALIEN.—On being notified by the Attorney General that

11 the government of a foreign country denies or unreason12 ably delays accepting an alien who is a citizen, subject,

13 national, or resident of that country after the Attorney

14 General asks whether the government will accept the alien

15 under this section, the Secretary of State shall order con16 sular officers in that foreign country to discontinue grant17 ing immigrant visas or nonimmigrant visas, or both, to

18 citizens, subjects, nationals, and residents of that country

19 until the Attorney General notifies the Secretary that the

20 country has accepted the alien.’’.
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1 SEC. 308. REDESIGNATION AND REORGANIZATION OF

2 OTHER PROVISIONS; ADDITIONAL CONFORM3 ING AMENDMENTS.

4 (a) CONFORMING AMENDMENT TO TABLE OF CON5 TENTS; OVERVIEW OF REORGANIZED CHAPTERS.—The

6 table of contents is amended—

7 (1) by striking the item relating to section 106,

8 and

9 (2) by striking the item relating to chapter 4 of

10 title II and all that follows through the item relating

11 to section 244A and inserting the following:

‘‘CHAPTER 4—INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, AND

REMOVAL

‘‘Sec. 231. Lists of alien and citizen passengers arriving or departing; record

of resident aliens and citizens leaving permanently for foreign

country.

‘‘Sec. 232. Detention of aliens for physical and mental examination.

‘‘Sec. 233. Entry through or from foreign contiguous territory and adjacent islands; landing stations.

‘‘Sec. 234. Designation of ports of entry for aliens arriving by civil aircraft.

‘‘Sec. 235. Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing.

‘‘Sec. 236. Apprehension and detention of aliens not lawfully in the United

States.

‘‘Sec. 237. General classes of deportable aliens.

‘‘Sec. 238. Expedited removal of aliens convicted of committing aggravated felonies.

‘‘Sec. 239. Initiation of removal proceedings.

‘‘Sec. 240. Removal proceedings.

‘‘Sec. 240A. Cancellation of removal; adjustment of status.

‘‘Sec. 240B. Voluntary departure.

‘‘Sec. 240C. Records of admission.

‘‘Sec. 241. Detention and removal of aliens ordered removed.

‘‘Sec. 242. Judicial review of orders of removal.

‘‘Sec. 243. Penalties relating to removal.

‘‘Sec. 244. Temporary protected status.

‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.

12 (b) REORGANIZATION OF OTHER PROVISIONS.—

13 Chapters 4 and 5 of title II are amended as follows:
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1 (1) CHAPTER HEADING.—The heading for

2 chapter 4 of title II is amended to read as follows:

3 ‘‘CHAPTER 4—INSPECTION, APPREHENSION,

4 EXAMINATION, EXCLUSION, AND REMOVAL’’.

5 (2) REDESIGNATING SECTION 232 AS SECTION

6 232(a).—Section 232 (8 U.S.C. 1222) is amended—

7 (A) by inserting ‘‘(a) DETENTION OF

8 ALIENS.—’’ after ‘‘SEC. 232.’’, and

9 (B) by amending the section heading to

10 read as follows:

11 ‘‘DETENTION OF ALIENS FOR PHYSICAL AND MENTAL

12 EXAMINATION’’.

13 (3) REDESIGNATING SECTION 234 AS SECTION

14 232(b).—Section 234 (8 U.S.C. 1224) is amended—

15 (A) by striking the heading,

16 (B) by striking ‘‘SEC. 234.’’ and inserting

17 ‘‘(b) PHYSICAL AND MENTAL EXAMINATION.—

18 ’’, and

19 (C) by moving such provision to the end of

20 section 232.

21 (4) REDESIGNATING SECTION 238 AS SECTION

22 233.—Section 238 (8 U.S.C. 1228) is redesignated

23 as section 233 and is moved to immediately follow

24 section 232.

25 (5) REDESIGNATE SECTION 240 AS SECTION

26 234A.—Section 240 (8 U.S.C. 1230) is redesignated
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1 as section 234A and is moved to immediately follow

2 section 233 of such Act.

3 (6) REDESIGNATE SECTION 242A AS SECTION

4 238.—Redesignate section 242A as section 238,

5 strike ‘‘DEPORTATION’’ in its heading and insert

6 ‘‘REMOVAL’’, and move the section to immediately

7 follow section 237 (as redesignated by section

8 305(2)).

9 (7) STRIKING SECTION 242B.—Strike section

10 242B (8 U.S.C. 1252b).

11 (8) REDESIGNATE SECTION 244A AS SECTION

12 244.—Strike section 244 and redesignate section

13 244A as section 244.

14 (9) CHAPTER HEADING.—The heading for

15 chapter 5 of title II is amended to read as follows:

16 ‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.

17 (c) ADDITIONAL CONFORMING AMENDMENTS.—

18 (1) EXPEDITED PROCEDURES FOR AGGRA19 VATED FELONS (FORMER SECTION 242A).—Section

20 238 (which, previous to redesignation under section

21 304(a)(1), was section 242A) is amended—

22 (A) in subsection (a)(1), by striking ‘‘sec23 tion 242’’ and inserting ‘‘section 240’’;
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1 (B) in subsection (a)(2), by striking ‘‘sec2 tion 242(a)(2)’’ and inserting ‘‘section 236(b)’’;

3 and

4 (C) in subsection (b)(1), by striking ‘‘sec5 tion 241(a)(2)(A)(iii)’’ and inserting ‘‘section

6 237(a)(2)(A)(iii)’’.

7 (2) TREATMENT OF CERTAIN HELPLESS

8 ALIENS.—

9 (A) CERTIFICATION OF HELPLESS

10 ALIENS.—Section 232, as amended by section

11 308(b), is further amended by adding at the

12 end the following new subsection:

13 ‘‘(c) CERTIFICATION OF CERTAIN HELPLESS

14 ALIENS.—If an examining medical officer determines that

15 an alien arriving in the United States is inadmissible, is

16 helpless from sickness or mental and physical disability,

17 or infancy, and is accompanied by another alien whose

18 protection or guardianship may be required, the officer

19 may certify such fact for purposes of applying section

20 212(a)(9)(B) with respect to the other alien.’’.

21 (B) GROUND OF INADMISSIBILITY FOR

22 PROTECTION AND GUARDIANSHIP OF ALIENS

23 DENIED ADMISSION FOR HEALTH OR IN24 FANCY.—Subparagraph (B) of section
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1 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended to

2 read as follows:

3 ‘‘(B) GUARDIAN REQUIRED TO ACCOMPANY

4 HELPLESS ALIEN.—Any alien—

5 ‘‘(i) who is accompanying another

6 alien who is inadmissible and who is cer7 tified to be helpless from sickness or men8 tal or physical disability or infancy pursu9 ant to section 232(c), and

10 ‘‘(ii) whose protection or guardianship

11 is determined to be required by the alien

12 described in clause (i),

13 is inadmissible.’’.

14 (3) CONTINGENT CONSIDERATION IN RELATION

15 TO REMOVAL OF ALIENS.—Section 273(a) (8 U.S.C.

16 1323(a)) is amended—

17 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’, and

18 (B) by adding at the end the following new

19 paragraph:

20 ‘‘(2) It is unlawful for an owner, agent, master, com21 manding officer, person in charge, purser, or consignee of

22 a vessel or aircraft who is bringing an alien (except an

23 alien crewmember) to the United States to take any con24 sideration to be kept or returned contingent on whether
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1 an alien is admitted to, or ordered removed from, the

2 United States.’’.

3 (4) CLARIFICATION.—(A) Section 238(a)(1),

4 which, previous to redesignation under section

5 304(a)(1), was section 242A(a)(1), is amended by

6 adding at the end the following: ‘‘Nothing in this

7 section shall be construed to create any substantive

8 or procedural right or benefit that is legally enforce9 able by any party against the United States or its

10 agencies or officers or any other person.’’.

11 (B) Section 225 of the Immigration and Na12 tionality Technical Corrections Act of 1994 (Public

13 Law 103–416), as amended by section 814(b), is

14 amended by striking ‘‘and nothing in’’ and all that

15 follows up to ‘‘shall’’.

16 (d) ADDITIONAL CONFORMING AMENDMENTS RE17 LATING TO EXCLUSION AND INADMISSIBILITY.—

18 (1) SECTION 212.—Section 212 (8 U.S.C.

19 1182(a)) is amended—

20 (A) in the heading, by striking ‘‘EX21 CLUDED FROM’’ and inserting ‘‘INELIGIBLE

22 FOR’’;

23 (B) in the matter in subsection (a) before

24 paragraph (1), by striking all that follows ‘‘(a)’’

25 and inserting the following: ‘‘CLASSES OF
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1 ALIENS INELIGIBLE FOR VISAS OR ADMIS2 SION.—Except as otherwise provided in this

3 Act, aliens who are inadmissible under the fol4 lowing paragraphs are ineligible to receive visas

5 and ineligible to be admitted to the United

6 States:’’;

7 (C) in subsection (a), by striking ‘‘is ex8 cludable’’ and inserting ‘‘is inadmissible’’ each

9 place it appears;

10 (D) in subsections (a)(5)(C), (d)(1), (k),

11 by striking ‘‘exclusion’’ and inserting ‘‘inadmis12 sibility’’;

13 (E) in subsections (b), (d)(3), (h)(1)(A)(i),

14 and (k), by striking ‘‘excludable’’ each place it

15 appears and inserting ‘‘inadmissible’’;

16 (F) in subsection (b)(2), by striking ‘‘and

17 ineligible for entry’’;

18 (G) in subsection (d)(7), by striking ‘‘ex19 cluded from’’ and inserting ‘‘denied’’; and

20 (H) in subsection (h)(1)(B), by striking

21 ‘‘exclusion’’ and inserting ‘‘denial of admis22 sion’’.

23 (2) SECTION 241.—Section 241 (8 U.S.C.

24 1251), before redesignation to section 237 by section

25 305(2), is amended—
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1 (A) in subsection (a)(1)(H), by striking

2 ‘‘excludable’’ and inserting ‘‘inadmissible’’;

3 (B) in subsection (a)(4)(C)(ii), by striking

4 ‘‘excludability’’ and inserting ‘‘inadmissibility’’;

5 and

6 (C) in subsections (c) and (h), by striking

7 ‘‘exclusion’’ and inserting ‘‘inadmissibility’’.

8 (3) OTHER GENERAL REFERENCES.—The fol9 lowing provisions are amended by striking ‘‘exclud10 ability’’ and ‘‘excludable’’ each place each appears

11 and inserting ‘‘inadmissibility’’ and ‘‘inadmissible’’,

12 respectively:

13 (A) Sections 101(f)(3), 213, 234,

14 241(a)(1) (before redesignation by section

15 305(2)), 272(a), 277, 286(h)(2)(A)(v), and

16 286(h)(2)(A)(vi) and the last sentence of sec17 tion 208(a) (as added by section 332(a)).

18 (B) Sections 304(c)(1)(A)(i),

19 304(c)(1)(A)(ii), and 601(c) of the Immigration

20 Act of 1990.

21 (C) Section 128 of the Foreign Relations

22 Authorization Act, Fiscal Years 1992 and 1993

23 (Public Law 102–138).
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1 (D) Section 1073 of the National Defense

2 Authorization Act for Fiscal Year 1995 (Public

3 Law 103–337).

4 (E) Section 221 of the Immigration and

5 Nationality Technical Corrections Act of 1994

6 (Public Law 103–416).

7 (4) RELATED TERMS.—

8 (A) Section 101(a)(17) (8 U.S.C.

9 1101(a)(17)) is amended by striking ‘‘or expul10 sion’’ and inserting ‘‘expulsion, or removal’’.

11 (B) Section 102 (8 U.S.C. 1102) is

12 amended by striking ‘‘exclusion or deportation’’

13 and inserting ‘‘removal’’.

14 (C) Section 103(c)(2) (8 U.S.C.

15 1103(c)(2)) is amended by striking ‘‘excluded

16 or deported’’ and inserting ‘‘not been admitted

17 or have been removed’’.

18 (D) Section 206 (8 U.S.C. 1156) is

19 amended by striking ‘‘excluded from admission

20 to the United States and deported’’ and insert21 ing ‘‘denied admission to the United States and

22 removed’’.

23 (E) Section 216(f) (8 U.S.C. 1186a) is

24 amended by striking ‘‘exclusion’’ and inserting

25 ‘‘inadmissibility’’.
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1 (F) Section 217 (8 U.S.C. 1187) is amend2 ed by striking ‘‘excluded from admission’’ and

3 inserting ‘‘denied admission at the time of ar4 rival’’ each place it appears.

5 (G) Section 221(f) (8 U.S.C. 1201) is

6 amended by striking ‘‘exclude’’ and inserting

7 ‘‘deny admission to’’.

8 (H) Section 232(a) (8 U.S.C. 1222(a)), as

9 redesignated by subsection (b)(2), is amended

10 by striking ‘‘excluded by’’ and ‘‘the excluded

11 classes’’ inserting ‘‘inadmissible under’’ and

12 ‘‘inadmissible classes’’.

13 (I)(i) Section 272 (8 U.S.C. 1322) is

14 amended—

15 (I) by striking ‘‘EXCLUSION’’ in the

16 heading and inserting ‘‘DENIAL OF ADMIS17 SION’’,

18 (II) in subsection (a), by striking ‘‘ex19 cluding condition’’ and inserting ‘‘condition

20 causing inadmissibility’’, and

21 (III) in subsection (c), by striking

22 ‘‘excluding’’.

23 (ii) The item in the table of contents relat24 ing to such section is amended by striking ‘‘ex25 clusion’’ and inserting ‘‘denial of admission’’.
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1 (J) Section 276(a) (8 U.S.C. 1326) is

2 amended—

3 (i) in paragraph (1), by striking ‘‘de4 ported or excluded and deported’’ and in5 serting ‘‘denied admission or removed’’,

6 and

7 (ii) in paragraph (2)(B), by striking

8 ‘‘excluded and deported’’ and inserting

9 ‘‘denied admission and removed’’.

10 (K) Section 286(h)(1)(A)(vi) (8 U.S.C.

11 1356(h)(1)(A)(vi)) is amended by striking ‘‘ex12 clusion’’ each place it appears and inserting

13 ‘‘removal’’.

14 (L) Section 287 (8 U.S.C. 1357) is amend15 ed—

16 (i) in subsection (a), by striking ‘‘or

17 expulsion’’ each place it appears and in18 serting ‘‘expulsion, or removal’’, and

19 (ii) in subsection (c), by striking ‘‘ex20 clusion from’’ and inserting ‘‘denial of ad21 mission to’’.

22 (M) Section 290(a) (8 U.S.C. 1360(a)) is

23 amended by striking ‘‘excluded therefrom’’ each

24 place it appears and inserting ‘‘denied admis25 sion thereto’’.
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1 (N) Section 291 (8 U.S.C. 1361) is

2 amended by striking ‘‘subject to exclusion’’ and

3 inserting ‘‘inadmissible’’ each place it appears.

4 (O) Section 292 (8 U.S.C. 1362) is

5 amended by striking ‘‘exclusion or deportation’’

6 each place it appears and inserting ‘‘removal’’.

7 (P) Section 360 (8 U.S.C. 1503) is amend8 ed—

9 (i) in subsection (a), by striking ‘‘ex10 clusion’’ each place it appears and insert11 ing ‘‘removal’’; and

12 (ii) in subsection (c), by striking ‘‘ex13 cluded from’’ and inserting ‘‘denied’’.

14 (Q) Section 301(a)(1) of the Immigration

15 Act of 1990 is amended by striking ‘‘exclusion’’

16 and inserting ‘‘inadmissibility’’.

17 (R) Section 401(c) of the Refugee Act of

18 1980 is amended by striking ‘‘deportation or

19 exclusion’’ and inserting ‘‘removal’’.

20 (S) Section 501(e)(2) of the Refugee Edu21 cation Assistance Act of 1980 (Public Law 96–

22 422) is amended by striking ‘‘exclusion or de23 portation’’ each place it appears and inserting

24 ‘‘removal’’.
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1 (e) REVISION OF TERMINOLOGY RELATING TO DE2 PORTATION.—

3 (1) Each of the following sections (unless other4 wise designated) is amended by striking ‘‘deporta5 tion’’ each place it appears and inserting ‘‘removal’’:

6 (A) Subparagraphs (A)(iii)(II), (A)(iv)(II),

7 and (B)(iii)(II) of section 204(a)(1) (8 U.S.C.

8 1154(a)(1)).

9 (B) Section 212(d)(1) (8 U.S.C.

10 1182(d)(1)).

11 (C) Section 212(d)(11) (8 U.S.C.

12 1182(d)(11)).

13 (D) Section 214(j)(4)(C) (8 U.S.C.

14 1184(j)(4)(C)).

15 (E) Section 217(b)(2) (8 U.S.C.

16 1187(b)(2)).

17 (F) Section 241(a)(1)(H) (before redesig18 nation to section 237 by section 305(2)) (8

19 U.S.C. 1251(a)(1)(H)).

20 (G) Section 242A (before redesignation to

21 section 238 by subsection (b)(6)) (8 U.S.C.

22 1252a).

23 (H) Subsections (a)(3) and (b)(5)(B) of

24 section 244A (before redesignation to section

25 244 by subsection (b)(8)) (8 U.S.C. 1254a).
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1 (I) Section 246(a) (8 U.S.C. 1256(a)).

2 (J) Section 254 (8 U.S.C. 1284).

3 (K) Section 263(a)(4) (8 U.S.C.

4 1303(a)(4)).

5 (L) Section 276(b) (8 U.S.C. 1326(b)).

6 (M) Section 280(b) (8 U.S.C. 1330(b)).

7 (N) Section 286(h)(2)(A)(v) (8 U.S.C.

8 1356(h)(2)(A)(v)).

9 (O) Section 291 (8 U.S.C. 1361).

10 (P) Section 318 (8 U.S.C. 1429).

11 (Q) Section 130005(a) of the Violent

12 Crime Control and Law Enforcement Act of

13 1994 (Public Law 103–322).

14 (2) Each of the following sections (unless other15 wise designated) is amended by striking ‘‘deported’’

16 and inserting ‘‘removed’’:

17 (A) Section 212(d)(7) (8 U.S.C.

18 1182(d)(7)).

19 (B) Section 214(d) (8 U.S.C. 1184(d)).

20 (C) Section 242A(d)(2)(D)(iv) (before re21 designation to section 238 by subsection (b)(6))

22 (8 U.S.C. 1252a(d)(2)(D)(iv)).

23 (D) Section 241(a) (before redesignation

24 to section 237 by section 305(2)) (8 U.S.C.

25 1251(a)).
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1 (E) Section 252(b) (8 U.S.C. 1282(b)).

2 (F) Section 254 (8 U.S.C. 1284).

3 (G) Subsections (b) and (c) of section 266

4 (8 U.S.C. 1306).

5 (H) Section 301(a)(1) of the Immigration

6 Act of 1990.

7 (3) Section 101(g) (8 U.S.C. 1101(g)) is

8 amended by inserting ‘‘or removed’’ after ‘‘deported’’

9 each place it appears.

10 (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is

11 amended by striking ‘‘suspension of deportation’’

12 and inserting ‘‘cancellation of removal’’.

13 (5) Section 201(b)(1)(D) (8 U.S.C.

14 1151(b)(1)(D)) is amended by striking ‘‘deportation

15 is suspended’’ and inserting ‘‘removal is cancelled’’.

16 (6) Section 212(l)(2)(B) (8 U.S.C.

17 1182(l)(2)(B)) is amended by striking ‘‘deportation

18 against’’ and inserting ‘‘removal of’’.

19 (7) Subsections (b)(2), (c)(2)(B), (c)(3)(D),

20 (c)(4), and (d)(2)(C) of section 216 (8 U.S.C.

21 1186a) are each amended by striking ‘‘DEPORTA22 TION’’, ‘‘deport’’, and ‘‘deported’’ and inserting ‘‘RE23 MOVAL’’, ‘‘remove’’, and ‘‘removed’’, respectively.

24 (8) Subsections (b)(2), (c)(2)(B), (c)(3)(D),

25 and (d)(2)(C) of section 216A (8 U.S.C. 1186b) are
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1 each amended by striking ‘‘DEPORTATION’’, ‘‘de2 port’’, and ‘‘deported’’ and inserting ‘‘REMOVAL’’,

3 ‘‘remove’’, and ‘‘removed’’, respectively.

4 (9) Section 242A (8 U.S.C. 1252a), before re5 designation to section 238 by subsection (b)(6), is

6 amended, in the headings to various subdivisions, by

7 striking ‘‘DEPORTATION’’ and ‘‘DEPORTATION’’ and

8 inserting ‘‘REMOVAL’’ and ‘‘REMOVAL’’, respectively.

9 (10) Section 244A(a)(1)(A) (8 U.S.C.

10 1254a(a)(1)(A)), before redesignation to section 244

11 by subsection (b)(8), is amended—

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

13 ‘‘deport’’ and inserting ‘‘remove’’, and

14 (B) in subsection (e), by striking ‘‘SUS15 PENSION OF DEPORTATION’’ and inserting

16 ‘‘CANCELLATION OF REMOVAL’’.

17 (11) Section 254 (8 U.S.C. 1284) is amended

18 by striking ‘‘deport’’ each place it appears and in19 serting ‘‘remove’’.

20 (12) Section 273(d) (8 U.S.C. 1323(d)) is re21 pealed.

22 (13)(A) Section 276 (8 U.S.C. 1326) is amend23 ed by striking ‘‘DEPORTED’’ and inserting ‘‘RE24 MOVED’’.
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1 (B) The item in the table of contents relating

2 to such section is amended by striking ‘‘deported’’

3 and inserting ‘‘removed’’.

4 (14) Section 318 (8 U.S.C. 1429) is amended

5 by striking ‘‘suspending’’ and inserting ‘‘canceling’’.

6 (15) Section 301(a) of the Immigration Act of

7 1990 is amended by striking ‘‘DEPORTATION’’ and

8 inserting ‘‘REMOVAL’’.

9 (f) REVISION OF REFERENCES TO ENTRY.—

10 (1) The following provisions are amended by

11 striking ‘‘entry’’ and inserting ‘‘admission’’ each

12 place it appears:

13 (A) Section 101(a)(15)(K) (8 U.S.C.

14 1101(a)(15)(K)).

15 (B) Section 101(a)(30) (8 U.S.C.

16 1101(a)(30)).

17 (C) Section 212(a)(2)(D) (8 U.S.C.

18 1182(a)(2)(D)).

19 (D) Section 212(a)(6)(C)(i) (8 U.S.C.

20 1182(a)(6)(C)(i)).

21 (E) Section 212(h)(1)(A)(i) (8 U.S.C.

22 1182(h)(1)(A)(i)).

23 (F) Section 212(i)(2) (8 U.S.C.

24 1182(i)(2)).
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1 (G) Section 212(j)(1)(D) (8 U.S.C.

2 1182(j)(1)(D)).

3 (H) Section 214(c)(2)(A) (8 U.S.C.

4 1184(c)(2)(A)).

5 (I) Section 214(d) (8 U.S.C. 1184(d)).

6 (J) Section 216(b)(1)(A)(i) (8 U.S.C.

7 1186a(b)(1)(A)(i)).

8 (K) Section 216(d)(1)(A)(i)(III) (8 U.S.C.

9 1186a(d)(1)(A)(i)(III)).

10 (L) Section 240(b) (8 U.S.C. 1230(b)).

11 (M) Section 241(a)(1)(G) (8 U.S.C.

12 1251(a)(1)(G)).

13 (N) Section 241(a)(1)(H) (8 U.S.C.

14 1251(a)(1)(H)), other than the last time it ap15 pears.

16 (O) Paragraphs (2) and (4) of section

17 241(a) (8 U.S.C. 1251(a)).

18 (P) Section 245(e)(3) (8 U.S.C.

19 1255(e)(3)).

20 (Q) Section 247(a) (8 U.S.C. 1257(a)).

21 (R) Section 601(c)(2) of the Immigration

22 Act of 1990.

23 (2) The following provisions are amended by

24 striking ‘‘enter’’ and inserting ‘‘be admitted’’:

25 (A) Section 204(e) (8 U.S.C. 1154(e)).
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1 (B) Section 221(h) (8 U.S.C. 1201(h)).

2 (C) Section 245(e)(2) (8 U.S.C.

3 1255(e)(2)).

4 (3) The following provisions are amended by

5 striking ‘‘enters’’ and inserting ‘‘is admitted to’’:

6 (A) Section 212(j)(1)(D)(ii) (8 U.S.C.

7 1154(e)).

8 (B) Section 214(c)(5)(B) (8 U.S.C.

9 1184(c)(5)(B)).

10 (4) Section 238(a) (8 U.S.C. 1228(a)) is

11 amended by striking ‘‘entry and inspection’’ and in12 serting ‘‘inspection and admission’’.

13 (5) Section 241(a)(1)(H)(ii) (8 U.S.C.

14 1251(a)(1)(H)(ii)) is amended by striking ‘‘at

15 entry’’.

16 (6) Section 7 of the Central Intelligence Agency

17 Act of 1949 (50 U.S.C. 403h) is amended by strik18 ing ‘‘that the entry’’, ‘‘given entry into’’, and ‘‘enter19 ing’’ and inserting ‘‘that the admission’’, ‘‘admitted

20 to’’, and ‘‘admitted to’’.

21 (7) Section 4 of the Atomic Weapons and Spe22 cial Nuclear Materials Rewards Act (50 U.S.C. 47c)

23 is amended by striking ‘‘entry’’ and inserting ‘‘ad24 mission’’.
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1 (g) CONFORMING REFERENCES TO REORGANIZED

2 SECTIONS.—

3 (1) REFERENCES TO SECTIONS 232, 234, 238,

4 239, 240, 241, 242A, AND 244A.—Any reference in law

5 in effect on the day before the date of the enactment

6 of this Act to section 232, 234, 238, 239, 240, 241,

7 242A, or 244A of the Immigration and Nationality

8 Act (or a subdivision of such section) is deemed, as

9 of the title III–A effective date, to refer to section

10 232(a), 232(b), 233, 234, 234A, 237, 238, or 244

11 of such Act (or the corresponding subdivision of

12 such section), as redesignated by this subtitle. Any

13 reference in law to section 241 (or a subdivision of

14 such section) of the Immigration and Nationality

15 Act in an amendment made by a subsequent subtitle

16 of this title is deemed a reference (as of the title

17 III–A effective date) to section 237 (or the cor18 responding subdivision of such section), as redesig19 nated by this subtitle.

20 (2) REFERENCES TO SECTION 106.—

21 (A) Sections 242A(b)(3) and

22 242A(d)(3)(A)(ii) (before redesignation to sec23 tion 238 by subsection (b)(6)) (8 U.S.C.

24 1252a(b)(3), 1252a(d)(3)(A)(ii)) are each
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1 amended by striking ‘‘106’’ and inserting

2 ‘‘242’’.

3 (B) Sections 210(e)(3)(A) and

4 245A(f)(4)(A) (8 U.S.C. 1160(e)(3)(A),

5 1255a(f)(4)(A)) are amended by inserting ‘‘(as

6 in effect before October 1, 1996)’’ after ‘‘106’’.

7 (C) Section 242A(d)(3)(A)(iii) (8 U.S.C.

8 1252a(d)(3)(A)(iii)) (before redesignation to

9 section 238 by subsection (b)(6)) is amended by

10 striking ‘‘106(a)(1)’’ and inserting ‘‘242(b)(1)’’.

11 (3) REFERENCES TO SECTION 236.—

12 (A) Sections 205 and 209(a)(1) (8 U.S.C.

13 1155, 1159(a)(1)) are each amended by strik14 ing ‘‘236’’ and insert ‘‘240’’.

15 (B) Section 4113(c) of title 18, United

16 States Code, is amended by striking ‘‘1226 of

17 title 8, United States Code’’ and inserting ‘‘sec18 tion 240 of the Immigration and Nationality

19 Act’’.

20 (4) REFERENCES TO SECTION 237.—

21 (A) Section 209(a)(1) (8 U.S.C.

22 1159(a)(1)) is amended by striking ‘‘237’’ and

23 inserting ‘‘241’’.
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1 (B) Section 212(a)(9)(B) (8 U.S.C.

2 1182(a)(9)(B)) is amended by striking ‘‘section

3 237(e)’’ and inserting ‘‘section 232(c)’’.

4 (C) Section 212(d)(7) (8 U.S.C.

5 1182(d)(7)) is amended by striking ‘‘237(a)’’

6 and inserting ‘‘241(c)’’.

7 (D) Section 280(a) (8 U.S.C. 1330(a)) is

8 amended by striking ‘‘237, 239, 243’’ and in9 serting ‘‘234, 243(c)(2)’’.

10 (5) REFERENCES TO SECTION 242.—

11 (A)(i) Sections 214(d), 242A(a)(1),

12 242A(d)(4), 252(b), 280(b)(2), and 287(f)(1)

13 (8 U.S.C. 1184(d), 1252a(a)(1), 1252a(d)(4),

14 1282(b), 1330(b)(2), 1357(f)(1)) are each

15 amended by striking ‘‘242’’ and inserting

16 ‘‘240’’.

17 (ii) Section 245A(a)(1)(B) (8 U.S.C.

18 1255a(a)(1)(B)) is amended by inserting ‘‘(as

19 in effect before October 1, 1996)’’ after ‘‘242’’.

20 (iii) Section 4113(b) of title 18, United

21 States Code, is amended by striking ‘‘242’’ and

22 inserting ‘‘240’’.

23 (iv) Section 8(c) of the Foreign Agents

24 Registration Act of 1938 (as amended) (22
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Title III, Subtitle A

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1 U.S.C. 618(c)) is amended by striking ‘‘242’’

2 and inserting ‘‘240’’.

3 (v) Section 9 of the Peace Corps Act (22

4 U.S.C. 2508) is amended by striking ‘‘242’’ and

5 inserting ‘‘240’’.

6 (B) Section 242A(a)(2) (8 U.S.C.

7 1252a(a)(2)) is amended by striking ‘‘section

8 242(a)(2)’’ and inserting ‘‘section 236(c)’’.

9 (C) Section 130002(a) of Public Law 103–

10 322 is amended by striking ‘‘242(a)(3)(A)’’ and

11 inserting ‘‘236(d)’’.

12 (D) Section 242A(b)(1) (8 U.S.C.

13 1252a(b)(1)) is amended by striking ‘‘242(b)’’

14 and inserting ‘‘240’’.

15 (E) Section 242A(d)(2)(D)(ii) (8 U.S.C.

16 1252a(d)(2)(D)(ii)) is amended by striking

17 ‘‘242(b)’’ and inserting ‘‘240’’.

18 (F) Section 4113(a) of title 18, United

19 States Code, is amended by striking ‘‘242(b)’’

20 and inserting ‘‘240B’’.

21 (G) Section 1821(e) of title 28, United

22 States Code, is amended by striking ‘‘242(b)’’

23 and inserting ‘‘240’’.

24 (H) Section 225 of the Immigration and

25 Nationality Technical Corrections Act of 1994
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1 (Public Law 103–416) is amended by striking

2 ‘‘242(i)’’ and inserting ‘‘239(d)’’.

3 (I) Section 130007(a) of Public Law 103–

4 322 is amended by striking ‘‘242(i)’’ and in5 serting ‘‘239(d)’’.

6 (J) Section 20301(c) of Public Law 103–

7 322 is amended by striking ‘‘242(j)(5)’’ and

8 ‘‘242(j)’’ and inserting ‘‘241(h)(5)’’ and

9 ‘‘241(h)’’, respectively.

10 (6) REFERENCES TO SECTION 242B.—

11 (A) Section 303(d)(2) of the Immigration

12 Act of 1990 is amended by striking ‘‘242B’’

13 and inserting ‘‘240(b)(5)’’.

14 (B) Section 545(g)(1)(B) of the Immigra15 tion Act of 1990 is amended by striking

16 ‘‘242B(a)(4)’’ and inserting ‘‘239(a)(4)’’.

17 (7) REFERENCES TO SECTION 243.—

18 (A)(i) Section 214(d) (8 U.S.C. 1184(d))

19 is amended by striking ‘‘243’’ and inserting

20 ‘‘241’’.

21 (ii) Section 8(c) of the Foreign Agents

22 Registration Act of 1938 (as amended) (22

23 U.S.C. 618(c)) is amended by striking ‘‘243’’

24 and inserting ‘‘241’’.
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1 (iii) Section 9 of the Peace Corps Act (22

2 U.S.C. 2508) is amended by striking ‘‘243’’ and

3 inserting ‘‘241’’.

4 (B) Section 236(e)(2) (8 U.S.C.

5 1226(e)(2)) is amended by striking ‘‘section

6 243(g)’’ and inserting ‘‘section 243(d)’’.

7 (C)(i) Section 315(c) of Public Law 99–

8 603 is amended by striking ‘‘243(g)’’ and in9 serting ‘‘243(d)’’.

10 (ii) Section 315(c) of the Immigration Re11 form and Control Act of 1986 is amended by

12 striking ‘‘243(g)’’ and inserting ‘‘243(d)’’.

13 (iii) Section 702(b) of the Departments of

14 Commerce, Justice, and State, the Judiciary,

15 and Related Agencies Appropriations Act, 1988

16 is amended by striking ‘‘243(g)’’ and inserting

17 ‘‘243(d)’’.

18 (iv) Section 903(b) of Public Law 100–204

19 is amended by striking ‘‘243(g)’’ and inserting

20 ‘‘243(d)’’.

21 (D)(i) Section 6(f)(2)(F) of the Food

22 Stamp Act of 1977 (7 U.S.C. 2015(f)(2)(F)) is

23 amended by striking ‘‘243(h)’’ and inserting

24 ‘‘241(b)(3)’’.
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1 (ii) Section 214(a)(5) of the Housing and

2 Community Development Act of 1980 (42

3 U.S.C. 1436a(a)(5)) is amended by striking

4 ‘‘243(h)’’ and inserting ‘‘241(b)(3)’’.

5 (E)(i) Section 244A(c)(2)(B)(ii) (8 U.S.C.

6 1254a(c)(2)(B)(ii)) is amended by striking

7 ‘‘243(h)(2)’’ and inserting ‘‘241(b)(3)(B)’’.

8 (ii) Section 202(a)(3) of the Immigration

9 Reform and Control Act of 1986 is amended by

10 striking ‘‘243(h)(2)’’ and inserting

11 ‘‘241(b)(3)(B)’’.

12 (iii) Section 301(e)(2) of the Immigration

13 Act of 1990 is amended by striking

14 ‘‘243(h)(2)’’ and inserting ‘‘241(b)(3)(B)’’.

15 (F) Section 316(f) (8 U.S.C. 1427(f)) is

16 amended by striking ‘‘subparagraphs (A)

17 through (D) of paragraph 243(h)(2)’’ and in18 serting ‘‘clauses (i) through (iv) of section

19 241(b)(3)(B)’’.

20 (8) REFERENCES TO SECTION 244.—

21 (A)(i) Sections 201(b)(1)(D) and 244A(e)

22 (8 U.S.C. 1151(b)(1)(D), 1254a(e)) are each

23 amended by striking ‘‘244(a)’’ and inserting

24 ‘‘240A(a)’’.
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1 (ii) Section 304(c)(1)(A) of the Miscellane2 ous and Technical Immigration and Naturaliza3 tion Amendments of 1991 (Public Law 102–

4 232) is amended by striking ‘‘244(a)’’ and in5 serting ‘‘244A(a)’’.

6 (B) Section 304(c)(1)(B) of the Mis7 cellaneous and Technical Immigration and Nat8 uralization Amendments of 1991 (Public Law

9 102–232) is amended by striking ‘‘244(a)(2)’’

10 and inserting ‘‘240A(a)(2)’’.

11 (C) Section 4113(a) of title 18, United

12 States Code, is amended by striking ‘‘244(e)’’

13 and inserting ‘‘240B(e)’’.

14 (D) Section 242B(e)(2)(A) (8 U.S.C.

15 1252b(e)(2)(A)) is amended by striking ‘‘sec16 tion 244(e)(1)’’ and inserting ‘‘section

17 240B(e)(1)’’.

18 (9) REFERENCES TO CHAPTER 5.—

19 (A) Sections 266(b), 266(c), and 291 (8

20 U.S.C. 1306(b), 1306(c), 1361) are each

21 amended by striking ‘‘chapter 5’’ and inserting

22 ‘‘chapter 4’’.

23 (B) Section 6(b) of the Act of August 1,

24 1956 (50 U.S.C. 855(b)) is amended by strik25 ing ‘‘chapter 5, title II, of the Immigration and
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1 Nationality Act (66 Stat. 163)’’ and inserting

2 ‘‘chapter 4 of title II of the Immigration and

3 Nationality Act’’.

4 (10) MISCELLANEOUS CROSS-REFERENCE COR5 RECTIONS FOR NEWLY ADDED PROVISIONS.—

6 (A) The last sentence of section 208(a), as

7 added by section 332(a), is amended by striking

8 ‘‘241(a)(4)(B)’’ and inserting ‘‘237(a)(4)(B)’’.

9 (B) Section 245(c)(6), as amended by sec10 tion 333(d), is amended by striking

11 ‘‘241(a)(4)(B)’’ and inserting ‘‘237(a)(4)(B)’’.

12 (C) The last sentence of section 246(a), as

13 added by section 353(a), is amended by striking

14 ‘‘deport the alien under sections 242 and

15 242A’’ and inserting ‘‘remove the alien under

16 section 240’’.

17 (D) Section 249(d), as amended by section

18 333(e), is amended by striking ‘‘241(a)(4)(B)’’

19 and inserting ‘‘237(a)(4)(B)’’.

20 (E) Section 276(b)(3), as inserted by sec21 tion 321(b), is amended by striking ‘‘excluded’’

22 and ‘‘excludable’’ and inserting ‘‘removed’’ and

23 ‘‘inadmissible’’, respectively.
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1 (F) Section 505(c)(7), as added by section

2 321(a)(1), is amended by amending subpara3 graphs (B) through (D) to read as follows:

4 ‘‘(B) Withholding of removal under section

5 241(b)(3).

6 ‘‘(C) Cancellation of removal under section

7 240A.

8 ‘‘(D) Voluntary departure under section

9 240B.’’.

10 (G) Section 506(b)(2)(B), as added by sec11 tion 321(a)(1), is amended by striking ‘‘depor12 tation’’ and inserting ‘‘removal’’.

13 (H) Section 508(c)(2)(D), as added by sec14 tion 321(a)(1), is amended by striking ‘‘exclu15 sion because such alien is excludable’’ and in16 serting ‘‘removal because such alien is inadmis17 sible’’.

18 SEC. 309. EFFECTIVE DATES; TRANSITION.

19 (a) IN GENERAL.—Except as provided in this section,

20 this subtitle and the amendments made by this subtitle

21 shall take effect on the first day of the first month begin22 ning more than 180 days after the date of the enactment

23 of this Act (in this title referred to as the ‘‘title III–A

24 effective date’’).
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1 (b) PROMULGATION OF REGULATIONS.—The Attor2 ney General shall first promulgate regulations to carry out

3 this title by not later than 1 month before the title III–

4 A effective date.

5 (c) TRANSITION FOR ALIENS IN PROCEEDINGS.—

6 (1) GENERAL RULE THAT NEW RULES DO NOT

7 APPLY.—Subject to the succeeding provisions of this

8 subsection, in the case of an alien who is in exclu9 sion or deportation proceedings as of the title III–

10 A effective date—

11 (A) the amendments made by this subtitle

12 shall not apply, and

13 (B) the proceedings (including judicial re14 view thereof) shall continue to be conducted

15 without regard to such amendments.

16 (2) ATTORNEY GENERAL OPTION TO ELECT TO

17 APPLY NEW PROCEDURES.—In a case described in

18 paragraph (1) in which an evidentiary hearing under

19 section 236 or 242 and 242B of the Immigration

20 and Nationality Act has not commenced as of the

21 title III–A effective date, the Attorney General may

22 elect to proceed under chapter 4 of title II of such

23 Act (as amended by this subtitle). The Attorney

24 General shall provide notice of such election to the

25 alien involved not later than 30 days before the date
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1 any evidentiary hearing is commenced. If the Attor2 ney General makes such election, the notice of hear3 ing provided to the alien under section 235 or

4 242(a) of such Act shall be valid as if provided

5 under section 239 of such Act (as amended by this

6 subtitle) to confer jurisdiction on the immigration

7 judge.

8 (3) ATTORNEY GENERAL OPTION TO TERMI9 NATE AND REINITIATE PROCEEDINGS.—In the case

10 described in paragraph (1), the Attorney General

11 may elect to terminate proceedings in which there

12 has not been a final administrative decision and to

13 reinitiate proceedings under chapter 4 of title II the

14 Immigration and Nationality Act (as amended by

15 this subtitle). Any determination in the terminated

16 proceeding shall not be binding in the reinitiated

17 proceeding.

18 (4) TRANSITIONAL CHANGES IN JUDICIAL RE19 VIEW.—In the case described in paragraph (1) in

20 which a final order of exclusion or deportation is en21 tered more than 30 days after the date of the enact22 ment of this Act, notwithstanding any provision of

23 section 106 of the Immigration and Nationality Act

24 (as in effect as of the date of the enactment of this

25 Act) to the contrary—
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1 (A) in the case of judicial review of a final

2 order of exclusion, subsection (b) of such sec3 tion shall not apply and the action for judicial

4 review shall be governed by the provisions of

5 subsections (a) and (c) of such in the same

6 manner as they apply to judicial review of or7 ders of deportation;

8 (B) a court may not order the taking of

9 additional evidence under section 2347(c) of

10 title 28, United States Code;

11 (C) the petition for judicial review must be

12 filed not later than 30 days after the date of

13 the final order of exclusion or deportation; and

14 (D) the petition for review shall be filed

15 with the court of appeals for the judicial circuit

16 in which the administrative proceedings before

17 the special inquiry officer or immigration judge

18 were completed.

19 (5) TRANSITIONAL RULE WITH REGARD TO

20 SUSPENSION OF DEPORTATION.—In applying section

21 244(a) of the Immigration and Nationality Act (as

22 in effect before the date of the enactment of this

23 Act) with respect to an application for suspension of

24 deportation which is filed before, on, or after the

25 date of the enactment of this Act and which has not
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1 been adjudicated as of 30 days after the date of the

2 enactment of this Act, the period of continuous

3 physical presence under such section shall be deemed

4 to have ended on the date the alien was served an

5 order to show cause pursuant to section 242A of

6 such Act (as in effect on such date of enactment).

7 (d) TRANSITIONAL REFERENCES.—For purposes of

8 carrying out the Immigration and Nationality Act, as

9 amended by this subtitle—

10 (1) any reference in section 212(a)(1)(A) of

11 such Act to the term ‘‘inadmissible’’ is deemed to in12 clude a reference to the term ‘‘excludable’’, and

13 (2) any reference in law to an order of removal

14 shall be deemed to include a reference to an order

15 of exclusion and deportation or an order of deporta16 tion.

17 (e) TRANSITION.—No period of time before the date

18 of the enactment of this Act shall be included in the period

19 of 1 year described in section 212(a)(6)(B)(i) of the Immi20 gration and Nationality Act (as amended by section

21 301(d)).
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1 Subtitle B—Removal of Alien

2 Terrorists

3 PART 1—REMOVAL PROCEDURES FOR ALIEN

4 TERRORISTS

5 SEC. 321. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

6 (a) IN GENERAL.—The Immigration and Nationality

7 Act is amended—

8 (1) by adding at the end of the table of con9 tents the following:

‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR ALIEN

TERRORISTS

‘‘Sec. 501. Definitions.

‘‘Sec. 502. Establishment of special removal court; panel of attorneys to assist

with classified information.

‘‘Sec. 503. Application for initiation of special removal proceeding.

‘‘Sec. 504. Consideration of application.

‘‘Sec. 505. Special removal hearings.

‘‘Sec. 506. Consideration of classified information.

‘‘Sec. 507. Appeals.

‘‘Sec. 508. Detention and custody.

10 and

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

12 ‘‘TITLE V—SPECIAL REMOVAL PROCEDURES

13 FOR ALIEN TERRORISTS

14 ‘‘DEFINITIONS

15 ‘‘SEC. 501. In this title:

16 ‘‘(1) The term ‘alien terrorist’ means an alien

17 described in section 241(a)(4)(B).

18 ‘‘(2) The term ‘classified information’ has the

19 meaning given such term in section 1(a) of the Clas20 sified Information Procedures Act (18 U.S.C. App.).
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1 ‘‘(3) The term ‘national security’ has the mean2 ing given such term in section 1(b) of the Classified

3 Information Procedures Act (18 U.S.C. App.).

4 ‘‘(4) The term ‘special attorney’ means an at5 torney who is on the panel established under section

6 502(e).

7 ‘‘(5) The term ‘special removal court’ means

8 the court established under section 502(a).

9 ‘‘(6) The term ‘special removal hearing’ means

10 a hearing under section 505.

11 ‘‘(7) The term ‘special removal proceeding’

12 means a proceeding under this title.

13 ‘‘ESTABLISHMENT OF SPECIAL REMOVAL COURT; PANEL

14 OF ATTORNEYS TO ASSIST WITH CLASSIFIED INFOR15 MATION

16 ‘‘SEC. 502. (a) IN GENERAL.—The Chief Justice of

17 the United States shall publicly designate 5 district court

18 judges from 5 of the United States judicial circuits who

19 shall constitute a court which shall have jurisdiction to

20 conduct all special removal proceedings.

21 ‘‘(b) TERMS.—Each judge designated under sub22 section (a) shall serve for a term of 5 years and shall be

23 eligible for redesignation, except that the four associate

24 judges first so designated shall be designated for terms

25 of one, two, three, and four years so that the term of one

26 judge shall expire each year.
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1 ‘‘(c) CHIEF JUDGE.—The Chief Justice shall publicly

2 designate one of the judges of the special removal court

3 to be the chief judge of the court. The chief judge shall

4 promulgate rules to facilitate the functioning of the court

5 and shall be responsible for assigning the consideration

6 of cases to the various judges.

7 ‘‘(d) EXPEDITIOUS AND CONFIDENTIAL NATURE OF

8 PROCEEDINGS.—The provisions of section 103(c) of the

9 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

10 1803(c)) shall apply to proceedings under this title in the

11 same manner as they apply to proceedings under such Act.

12 ‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL AT13 TORNEYS.—The special removal court shall provide for the

14 designation of a panel of attorneys each of whom—

15 ‘‘(1) has a security clearance which affords the

16 attorney access to classified information, and

17 ‘‘(2) has agreed to represent permanent resi18 dent aliens with respect to classified information

19 under section 506 in accordance with (and subject to

20 the penalties under) this title.

21 ‘‘APPLICATION FOR INITIATION OF SPECIAL REMOVAL

22 PROCEEDING

23 ‘‘SEC. 503. (a) IN GENERAL.—Whenever the Attor24 ney General has classified information that an alien is an

25 alien terrorist, the Attorney General, in the Attorney Gen26 eral’s discretion, may seek removal of the alien under this
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1 title through the filing of a written application described

2 in subsection (b) with the special removal court seeking

3 an order authorizing a special removal proceeding under

4 this title. The application shall be submitted in camera

5 and ex parte and shall be filed under seal with the court.

6 ‘‘(b) CONTENTS OF APPLICATION.—Each application

7 for a special removal proceeding shall include all of the

8 following:

9 ‘‘(1) The identity of the Department of Justice

10 attorney making the application.

11 ‘‘(2) The approval of the Attorney General or

12 the Deputy Attorney General for the filing of the ap13 plication based upon a finding by that individual

14 that the application satisfies the criteria and re15 quirements of this title.

16 ‘‘(3) The identity of the alien for whom author17 ization for the special removal proceedings is sought.

18 ‘‘(4) A statement of the facts and cir19 cumstances relied on by the Department of Justice

20 to establish that—

21 ‘‘(A) the alien is an alien terrorist and is

22 physically present in the United States, and

23 ‘‘(B) with respect to such alien, adherence

24 to the provisions of title II regarding the re-
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1 moval of aliens would pose a risk to the na2 tional security of the United States.

3 ‘‘(5) An oath or affirmation respecting each of

4 facts and statements described in the previous para5 graphs.

6 ‘‘(c) RIGHT TO DISMISS.—The Department of Jus7 tice retains the right to dismiss a removal action under

8 this title at any stage of the proceeding.

9 ‘‘CONSIDERATION OF APPLICATION

10 ‘‘SEC. 504. (a) IN GENERAL.—In the case of an ap11 plication under section 503 to the special removal court,

12 a single judge of the court shall be assigned to consider

13 the application. The judge, in accordance with the rules

14 of the court, shall consider the application and may con15 sider other information, including classified information,

16 presented under oath or affirmation. The judge shall con17 sider the application (and any hearing thereof) in camera

18 and ex parte. A verbatim record shall be maintained of

19 any such hearing.

20 ‘‘(b) APPROVAL OF ORDER.—The judge shall enter

21 ex parte the order requested in the application if the judge

22 finds, on the basis of such application and such other in23 formation (if any), that there is probable cause to believe

24 that—
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1 ‘‘(1) the alien who is the subject of the applica2 tion has been correctly identified and is an alien ter3 rorist, and

4 ‘‘(2) adherence to the provisions of title II re5 garding the removal of the identified alien would

6 pose a risk to the national security of the United

7 States.

8 ‘‘(c) DENIAL OF ORDER.—If the judge denies the

9 order requested in the application, the judge shall prepare

10 a written statement of the judge’s reasons for the denial.

11 ‘‘(d) EXCLUSIVE PROVISIONS.—Whenever an order is

12 issued under this section with respect to an alien—

13 ‘‘(1) the alien’s rights regarding removal and

14 expulsion shall be governed solely by the provisions

15 of this title, and

16 ‘‘(2) except as they are specifically referenced,

17 no other provisions of this Act shall be applicable.

18 ‘‘SPECIAL REMOVAL HEARINGS

19 ‘‘SEC. 505. (a) IN GENERAL.—In any case in which

20 the application for the order is approved under section

21 504, a special removal hearing shall be conducted under

22 this section for the purpose of determining whether the

23 alien to whom the order pertains should be removed from

24 the United States on the grounds that the alien is an alien

25 terrorist. Consistent with section 506, the alien shall be

26 given reasonable notice of the nature of the charges
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1 against the alien and a general account of the basis for

2 the charges. The alien shall be given notice, reasonable

3 under all the circumstances, of the time and place at which

4 the hearing will be held. The hearing shall be held as expe5 ditiously as possible.

6 ‘‘(b) USE OF SAME JUDGE.—The special removal

7 hearing shall be held before the same judge who granted

8 the order pursuant to section 504 unless that judge is

9 deemed unavailable due to illness or disability by the chief

10 judge of the special removal court, or has died, in which

11 case the chief judge shall assign another judge to conduct

12 the special removal hearing. A decision by the chief judge

13 pursuant to the preceding sentence shall not be subject

14 to review by either the alien or the Department of Justice.

15 ‘‘(c) RIGHTS IN HEARING.—

16 ‘‘(1) PUBLIC HEARING.—The special removal

17 hearing shall be open to the public.

18 ‘‘(2) RIGHT OF COUNSEL.—The alien shall have

19 a right to be present at such hearing and to be rep20 resented by counsel. Any alien financially unable to

21 obtain counsel shall be entitled to have counsel as22 signed to represent the alien. Such counsel shall be

23 appointed by the judge pursuant to the plan for fur24 nishing representation for any person financially un25 able to obtain adequate representation for the dis-
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1 trict in which the hearing is conducted, as provided

2 for in section 3006A of title 18, United States Code.

3 All provisions of that section shall apply and, for

4 purposes of determining the maximum amount of

5 compensation, the matter shall be treated as if a fel6 ony was charged.

7 ‘‘(3) INTRODUCTION OF EVIDENCE.—The alien

8 shall have a right to introduce evidence on the

9 alien’s own behalf.

10 ‘‘(4) EXAMINATION OF WITNESSES.—Except as

11 provided in section 506, the alien shall have a rea12 sonable opportunity to examine the evidence against

13 the alien and to cross-examine any witness.

14 ‘‘(5) RECORD.—A verbatim record of the pro15 ceedings and of all testimony and evidence offered or

16 produced at such a hearing shall be kept.

17 ‘‘(6) DECISION BASED ON EVIDENCE AT HEAR18 ING.—The decision of the judge in the hearing shall

19 be based only on the evidence introduced at the

20 hearing, including evidence introduced under section

21 505(e).

22 ‘‘(7) NO RIGHT TO ANCILLARY RELIEF.—In the

23 hearing, the judge is not authorized to consider or

24 provide for relief from removal based on any of the

25 following:
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1 ‘‘(A) Asylum under section 208.

2 ‘‘(B) Withholding of deportation under sec3 tion 243(h).

4 ‘‘(C) Suspension of deportation under sec5 tion 244(a).

6 ‘‘(D) Voluntary departure under section

7 244(e).

8 ‘‘(E) Adjustment of status under section

9 245.

10 ‘‘(F) Registry under section 249.

11 ‘‘(d) SUBPOENAS.—

12 ‘‘(1) REQUEST.—At any time prior to the con13 clusion of the special removal hearing, either the

14 alien or the Department of Justice may request the

15 judge to issue a subpoena for the presence of a

16 named witness (which subpoena may also command

17 the person to whom it is directed to produce books,

18 papers, documents, or other objects designated

19 therein) upon a satisfactory showing that the pres20 ence of the witness is necessary for the determina21 tion of any material matter. Such a request may be

22 made ex parte except that the judge shall inform the

23 Department of Justice of any request for a subpoena

24 by the alien for a witness or material if compliance

25 with such a subpoena would reveal evidence or the
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1 source of evidence which has been introduced, or

2 which the Department of Justice has received per3 mission to introduce, in camera and ex parte pursu4 ant to subsection (e) and section 506, and the De5 partment of Justice shall be given a reasonable op6 portunity to oppose the issuance of such a subpoena.

7 ‘‘(2) PAYMENT FOR ATTENDANCE.—If an appli8 cation for a subpoena by the alien also makes a

9 showing that the alien is financially unable to pay

10 for the attendance of a witness so requested, the

11 court may order the costs incurred by the process

12 and the fees of the witness so subpoenaed to be paid

13 for from funds appropriated for the enforcement of

14 title II.

15 ‘‘(3) NATIONWIDE SERVICE.—A subpoena

16 under this subsection may be served anywhere in the

17 United States.

18 ‘‘(4) WITNESS FEES.—A witness subpoenaed

19 under this subsection shall receive the same fees and

20 expenses as a witness subpoenaed in connection with

21 a civil proceeding in a court of the United States.

22 ‘‘(5) NO ACCESS TO CLASSIFIED INFORMA23 TION.—Nothing in this subsection is intended to

24 allow an alien to have access to classified informa25 tion.
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1 ‘‘(e) INTRODUCTION OF CLASSIFIED INFORMA2 TION.—

3 ‘‘(1) IN GENERAL.—When classified informa4 tion has been summarized pursuant to section

5 506(b) or where a finding has been made under sec6 tion 506(b)(5) that no summary is possible, classi7 fied information shall be introduced (either in writ8 ing or through testimony) in camera and ex parte

9 and neither the alien nor the public shall be in10 formed of such evidence or its sources other than

11 through reference to the summary provided pursuant

12 to such section. Notwithstanding the previous sen13 tence, the Department of Justice may, in its discre14 tion and, in the case of classified information, after

15 coordination with the originating agency, elect to in16 troduce such evidence in open session.

17 ‘‘(2) TREATMENT OF ELECTRONIC SURVEIL18 LANCE INFORMATION.—

19 ‘‘(A) USE OF ELECTRONIC SURVEIL20 LANCE.—The Government is authorized to use

21 in a special removal proceedings the fruits of

22 electronic surveillance and unconsented physical

23 searches authorized under the Foreign Intel24 ligence Surveillance Act of 1978 (50 U.S.C.
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Title III, Subtitle B

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1 1801 et seq.) without regard to subsections (c),

2 (e), (f), (g), and (h) of section 106 of that Act.

3 ‘‘(B) NO DISCOVERY OF ELECTRONIC SUR4 VEILLANCE INFORMATION.—An alien subject to

5 removal under this title shall have no right of

6 discovery of information derived from electronic

7 surveillance authorized under the Foreign Intel8 ligence Surveillance Act of 1978 or otherwise

9 for national security purposes. Nor shall such

10 alien have the right to seek suppression of evi11 dence.

12 ‘‘(C) CERTAIN PROCEDURES NOT APPLICA13 BLE.—The provisions and requirements of sec14 tion 3504 of title 18, United States Code, shall

15 not apply to procedures under this title.

16 ‘‘(3) RIGHTS OF UNITED STATES.—Nothing in

17 this section shall prevent the United States from

18 seeking protective orders and from asserting privi19 leges ordinarily available to the United States to

20 protect against the disclosure of classified informa21 tion, including the invocation of the military and

22 state secrets privileges.

23 ‘‘(f) INCLUSION OF CERTAIN EVIDENCE.—The Fed24 eral Rules of Evidence shall not apply to hearings under

25 this section. Evidence introduced at the special removal
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1 hearing, either in open session or in camera and ex parte,

2 may, in the discretion of the Department of Justice, in3 clude all or part of the information presented under sec4 tion 504 used to obtain the order for the hearing under

5 this section.

6 ‘‘(g) ARGUMENTS.—Following the receipt of evi7 dence, the attorneys for the Department of Justice and

8 for the alien shall be given fair opportunity to present ar9 gument as to whether the evidence is sufficient to justify

10 the removal of the alien. The attorney for the Department

11 of Justice shall open the argument. The attorney for the

12 alien shall be permitted to reply. The attorney for the De13 partment of Justice shall then be permitted to reply in

14 rebuttal. The judge may allow any part of the argument

15 that refers to evidence received in camera and ex parte

16 to be heard in camera and ex parte.

17 ‘‘(h) BURDEN OF PROOF.—In the hearing the De18 partment of Justice has the burden of showing by clear

19 and convincing evidence that the alien is subject to re20 moval because the alien is an alien terrorist. If the judge

21 finds that the Department of Justice has met this burden,

22 the judge shall order the alien removed and detained pend23 ing removal from the United States. If the alien was re24 leased pending the special removal hearing, the judge shall

25 order the Attorney General to take the alien into custody.
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1 ‘‘(i) WRITTEN ORDER.—At the time of rendering a

2 decision as to whether the alien shall be removed, the

3 judge shall prepare a written order containing a statement

4 of facts found and conclusions of law. Any portion of the

5 order that would reveal the substance or source of infor6 mation received in camera and ex parte pursuant to sub7 section (e) shall not be made available to the alien or the

8 public.

9 ‘‘CONSIDERATION OF CLASSIFIED INFORMATION

10 ‘‘SEC. 506. (a) CONSIDERATION IN CAMERA AND EX

11 PARTE.—In any case in which the application for the

12 order authorizing the special procedures of this title is ap13 proved, the judge who granted the order shall consider

14 each item of classified information the Department of Jus15 tice proposes to introduce in camera and ex parte at the

16 special removal hearing and shall order the introduction

17 of such information pursuant to section 505(e) if the judge

18 determines the information to be relevant.

19 ‘‘(b) PREPARATION AND PROVISION OF WRITTEN

20 SUMMARY.—

21 ‘‘(1) PREPARATION.—The Department of Jus22 tice shall prepare a written summary of such classi23 fied information which does not pose a risk to na24 tional security.

25 ‘‘(2) CONDITIONS FOR APPROVAL BY JUDGE

26 AND PROVISION TO ALIEN.—The judge shall approve
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1 the summary so long as the judge finds that the

2 summary is sufficient—

3 ‘‘(A) to inform the alien of the general na4 ture of the evidence that the alien is an alien

5 terrorist, and

6 ‘‘(B) to permit the alien to prepare a de7 fense against deportation.

8 The Department of Justice shall cause to be deliv9 ered to the alien a copy of the summary.

10 ‘‘(3) OPPORTUNITY FOR CORRECTION AND

11 RESUBMITTAL.—If the judge does not approve the

12 summary, the judge shall provide the Department a

13 reasonable opportunity to correct the deficiencies

14 identified by the court and to submit a revised sum15 mary.

16 ‘‘(4) CONDITIONS FOR TERMINATION OF PRO17 CEEDINGS IF SUMMARY NOT APPROVED.—

18 ‘‘(A) IN GENERAL.—If, subsequent to the

19 opportunity described in paragraph (3), the

20 judge does not approve the summary, the judge

21 shall terminate the special removal hearing un22 less the judge makes the findings described in

23 subparagraph (B).
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1 ‘‘(B) FINDINGS.—The findings described

2 in this subparagraph are, with respect to an

3 alien, that—

4 ‘‘(i) the continued presence of the

5 alien in the United States, and

6 ‘‘(ii) the provision of the required

7 summary,

8 would likely cause serious and irreparable harm

9 to the national security or death or serious bod10 ily injury to any person.

11 ‘‘(5) CONTINUATION OF HEARING WITHOUT

12 SUMMARY.—If a judge makes the findings described

13 in paragraph (4)(B)—

14 ‘‘(A) if the alien involved is an alien law15 fully admitted for permanent residence, the pro16 cedures described in subsection (c) shall apply;

17 and

18 ‘‘(B) in all cases the special removal hear19 ing shall continue, the Department of Justice

20 shall cause to be delivered to the alien a state21 ment that no summary is possible, and the clas22 sified information submitted in camera and ex

23 parte may be used pursuant to section 505(e).
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1 ‘‘(c) SPECIAL PROCEDURES FOR ACCESS AND CHAL2 LENGES TO CLASSIFIED BY SPECIAL ATTORNEYS IN CASE

3 OF LAWFUL PERMANENT ALIENS.—

4 ‘‘(1) IN GENERAL.—The procedures described

5 in this subsection are that the judge (under rules of

6 the special removal court) shall designate a special

7 attorney to assist the alien—

8 ‘‘(A) by reviewing in camera the classified

9 information on behalf of the alien, and

10 ‘‘(B) by challenging through an in camera

11 proceeding the veracity of the evidence con12 tained in the classified information.

13 ‘‘(2) RESTRICTIONS ON DISCLOSURE.—A spe14 cial attorney receiving classified information under

15 paragraph (1)—

16 ‘‘(A) shall not disclosure the information to

17 the alien or to any other attorney representing

18 the alien, and

19 ‘‘(B) who discloses such information in vio20 lation of subparagraph (A) shall be subject to

21 a fine under title 18, United States Code, im22 prisoned for not less than 10 years or more

23 than 25 years, or both.

24 ‘‘APPEALS

25 ‘‘SEC. 507. (a) APPEALS OF DENIALS OF APPLICA26 TIONS FOR ORDERS.—The Department of Justice may
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1 seek a review of the denial of an order sought in an appli2 cation by the United States Court of Appeals for the Dis3 trict of Columbia Circuit by notice of appeal which must

4 be filed within 20 days. In such a case the entire record

5 of the proceeding shall be transmitted to the Court of Ap6 peals under seal and the Court of Appeals shall hear the

7 matter ex parte. In such a case the Court of Appeals shall

8 review questions of law de novo, but a prior finding on

9 any question of fact shall not be set aside unless such find10 ing was clearly erroneous.

11 ‘‘(b) APPEALS OF DETERMINATIONS ABOUT SUM12 MARIES OF CLASSIFIED INFORMATION.—Either party

13 may take an interlocutory appeal to the United States

14 Court of Appeals for the District of Columbia Circuit of—

15 ‘‘(1) any determination by the judge pursuant

16 to section 506(a)—

17 ‘‘(A) concerning whether an item of evi18 dence may be introduced in camera and ex

19 parte, or

20 ‘‘(B) concerning the contents of any sum21 mary of evidence to be introduced in camera

22 and ex parte prepared pursuant to section

23 506(b); or

24 ‘‘(2) the refusal of the court to make the find25 ings permitted by section 506(b)(4)(B).
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1 In any interlocutory appeal taken pursuant to this sub2 section, the entire record, including any proposed order

3 of the judge or summary of evidence, shall be transmitted

4 to the Court of Appeals under seal and the matter shall

5 be heard ex parte.

6 ‘‘(c) APPEALS OF DECISION IN HEARING.—

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

8 the decision of the judge after a special removal

9 hearing may be appealed by either the alien or the

10 Department of Justice to the United States Court of

11 Appeals for the District of Columbia Circuit by no12 tice of appeal.

13 ‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA14 NENT RESIDENT ALIENS IN WHICH NO SUMMARY

15 PROVIDED.—

16 ‘‘(A) IN GENERAL.—Unless the alien

17 waives the right to a review under this para18 graph, in any case involving an alien lawfully

19 admitted for permanent residence who is denied

20 a written summary of classified information

21 under section 506(b)(4) and the procedures of

22 section 506(c) apply, any order issued by the

23 judge shall be reviewed by the Court of Appeals

24 for the District of Columbia Circuit.
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1 ‘‘(B) USE OF SPECIAL ATTORNEY.—If any

2 issue relating to classified information arises in

3 such review, the alien shall be represented only

4 by the special attorney designated under section

5 506(c)(1) on behalf of the alien.

6 ‘‘(d) GENERAL PROVISIONS RELATING TO AP7 PEALS.—

8 ‘‘(1) NOTICE.—A notice of appeal pursuant to

9 subsection (b) or (c) (other than under subsection

10 (c)(2)) must be filed within 20 days, during which

11 time the order for which the appeal is sought shall

12 not be executed.

13 ‘‘(2) TRANSMITTAL OF RECORD.—In an appeal

14 or review to the Court of Appeals pursuant to sub15 section (b) or (c)—

16 ‘‘(A) the entire record shall be transmitted

17 to the Court of Appeals, and

18 ‘‘(B) information received pursuant to sec19 tion 505(e), and any portion of the judge’s

20 order that would reveal the substance or source

21 of such information, shall be transmitted under

22 seal.

23 ‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In

24 an appeal or review to the Court of Appeals pursu25 ant to subsection (b) or (c):
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1 ‘‘(A) REVIEW.—The appeal or review shall

2 be heard as expeditiously as practicable and the

3 Court may dispense with full briefing and hear

4 the matter solely on the record of the judge of

5 the special removal court and on such briefs or

6 motions as the Court may require to be filed by

7 the parties.

8 ‘‘(B) DISPOSITION.—The Court shall up9 hold or reverse the judge’s order within 60 days

10 after the date of the issuance of the judge’s

11 final order.

12 ‘‘(4) DE NOVO REVIEW.—In an appeal or re13 view to the Court of Appeals pursuant to subsection

14 (b) or (c):

15 ‘‘(A) QUESTIONS OF LAW.—The Court of

16 Appeals shall review all questions of law de

17 novo.

18 ‘‘(B) QUESTIONS OF FACT.—(i) Subject to

19 clause (ii), a prior finding on any question of

20 fact shall not be set aside unless such finding

21 was clearly erroneous.

22 ‘‘(ii) In the case of a review under sub23 section (c)(2) in which an alien lawfully admit24 ted for permanent residence was denied a writ25 ten summary of classified information under
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1 section 506(b)(4), the Court of Appeals shall

2 review questions of fact de novo.

3 ‘‘(e) CERTIORARI.—Following a decision by the Court

4 of Appeals pursuant to subsection (b) or (c), either the

5 alien or the Department of Justice may petition the Su6 preme Court for a writ of certiorari. In any such case,

7 any information transmitted to the Court of Appeals

8 under seal shall, if such information is also submitted to

9 the Supreme Court, be transmitted under seal. Any order

10 of removal shall not be stayed pending disposition of a

11 writ of certiorari except as provided by the Court of Ap12 peals or a Justice of the Supreme Court.

13 ‘‘(f) APPEALS OF DETENTION ORDERS.—

14 ‘‘(1) IN GENERAL.— The provisions of sections

15 3145 through 3148 of title 18, United States Code,

16 pertaining to review and appeal of a release or de17 tention order, penalties for failure to appear, pen18 alties for an offense committed while on release, and

19 sanctions for violation of a release condition shall

20 apply to an alien to whom section 508(b)(1) applies.

21 In applying the previous sentence—

22 ‘‘(A) for purposes of section 3145 of such

23 title an appeal shall be taken to the United

24 States Court of Appeals for the District of Co25 lumbia Circuit, and
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1 ‘‘(B) for purposes of section 3146 of such

2 title the alien shall be considered released in

3 connection with a charge of an offense punish4 able by life imprisonment.

5 ‘‘(2) NO REVIEW OF CONTINUED DETENTION.—

6 The determinations and actions of the Attorney

7 General pursuant to section 508(c)(2)(C) shall not

8 be subject to judicial review, including application

9 for a writ of habeas corpus, except for a claim by

10 the alien that continued detention violates the alien’s

11 rights under the Constitution. Jurisdiction over any

12 such challenge shall lie exclusively in the United

13 States Court of Appeals for the District of Columbia

14 Circuit.

15 ‘‘DETENTION AND CUSTODY

16 ‘‘SEC. 508. (a) INITIAL CUSTODY.—

17 ‘‘(1) UPON FILING APPLICATION.—Subject to

18 paragraph (2), the Attorney General may take into

19 custody any alien with respect to whom an applica20 tion under section 503 has been filed and, notwith21 standing any other provision of law, may retain such

22 an alien in custody in accordance with the proce23 dures authorized by this title.

24 ‘‘(2) SPECIAL RULES FOR PERMANENT RESI25 DENT ALIENS.—An alien lawfully admitted for per26 manent residence shall be entitled to a release hear-
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1 ing before the judge assigned to hear the special re2 moval hearing. Such an alien shall be detained pend3 ing the special removal hearing, unless the alien

4 demonstrates to the court that—

5 ‘‘(A) the alien, if released upon such terms

6 and conditions as the court may prescribe (in7 cluding the posting of any monetary amount),

8 is not likely to flee, and

9 ‘‘(B) the alien’s release will not endanger

10 national security or the safety of any person or

11 the community.

12 The judge may consider classified information sub13 mitted in camera and ex parte in making a deter14 mination under this paragraph.

15 ‘‘(3) RELEASE IF DENIAL OF ORDER AND NO

16 REVIEW SOUGHT.—

17 ‘‘(A) IN GENERAL.—If a judge of the spe18 cial removal court denies the order sought in an

19 application with respect to an alien and the De20 partment of Justice does not seek review of

21 such denial, subject to subparagraph (B), the

22 alien shall be released from custody.

23 ‘‘(B) APPLICATION OF REGULAR PROCE24 DURES.—Subparagraph (A) shall not prevent
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1 the arrest and detention of the alien pursuant

2 to title II.

3 ‘‘(b) CONDITIONAL RELEASE IF DENIAL OF ORDER

4 AND REVIEW SOUGHT.—

5 ‘‘(1) IN GENERAL.—If a judge of the special re6 moval court denies the order sought in an applica7 tion with respect to an alien and the Department of

8 Justice seeks review of such denial, the judge shall

9 release the alien from custody subject to the least re10 strictive condition or combination of conditions of re11 lease described in section 3142(b) and clauses (i)

12 through (xiv) of section 3142(c)(1)(B) of title 18,

13 United States Code, that will reasonably assure the

14 appearance of the alien at any future proceeding

15 pursuant to this title and will not endanger the safe16 ty of any other person or the community.

17 ‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If

18 the judge finds no such condition or combination of

19 conditions, the alien shall remain in custody until

20 the completion of any appeal authorized by this title.

21 ‘‘(c) CUSTODY AND RELEASE AFTER HEARING.—

22 ‘‘(1) RELEASE.—

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), if the judge decides pursuant to sec-
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1 tion 505(i) that an alien should not be removed,

2 the alien shall be released from custody.

3 ‘‘(B) CUSTODY PENDING APPEAL.—If the

4 Attorney General takes an appeal from the

5 order, the alien shall remain in custody, subject

6 to the provisions of section 3142 of title 18,

7 United States Code.

8 ‘‘(2) CUSTODY AND REMOVAL.—

9 ‘‘(A) CUSTODY.—If the judge decides pur10 suant to section 505(i) that an alien shall be re11 moved, the alien shall be detained pending the

12 outcome of any appeal. After the conclusion of

13 any judicial review thereof which affirms the re14 moval order, the Attorney General shall retain

15 the alien in custody or, if the alien was released

16 pursuant to paragraph (1)(A), shall take the

17 alien into custody and remove the alien to a

18 country specified under subparagraph (B).

19 ‘‘(B) REMOVAL.—

20 ‘‘(i) IN GENERAL.—The removal of an

21 alien shall be to any country which the

22 alien shall designate if such designation

23 does not, in the judgment of the Attorney

24 General, in consultation with the Secretary

25 of State, impair the obligation of the
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1 United States under any treaty (including

2 a treaty pertaining to extradition) or other3 wise adversely affect the foreign policy of

4 the United States.

5 ‘‘(ii) ALTERNATE COUNTRIES.—If the

6 alien refuses to choose a country to which

7 the alien wishes to be transported, or if the

8 Attorney General, in consultation with the

9 Secretary of State, determines that re10 moval of the alien to the country so se11 lected would impair a treaty obligation or

12 adversely affect United States foreign pol13 icy, the Attorney General shall cause the

14 alien to be transported to any country will15 ing to receive such alien.

16 ‘‘(C) CONTINUED DETENTION.—If no

17 country is willing to receive such an alien, the

18 Attorney General may, notwithstanding any

19 other provision of law, retain the alien in cus20 tody. The Attorney General, in coordination

21 with the Secretary of State, shall make periodic

22 efforts to reach agreement with other countries

23 to accept such an alien and at least every 6

24 months shall provide to the attorney represent25 ing the alien at the special removal hearing
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1 alien a written report on the Attorney General’s

2 efforts. Any alien in custody pursuant to this

3 subparagraph shall be released from custody

4 solely at the discretion of the Attorney General

5 and subject to such conditions as the Attorney

6 General shall deem appropriate.

7 ‘‘(D) FINGERPRINTING.—Before an alien

8 is transported out of the United States pursu9 ant to this subsection, or pursuant to an order

10 of exclusion because such alien is excludable

11 under section 212(a)(3)(B), the alien shall be

12 photographed and fingerprinted, and shall be

13 advised of the provisions of subsection 276(b).

14 ‘‘(d) CONTINUED DETENTION PENDING TRIAL.—

15 ‘‘(1) DELAY IN REMOVAL.—Notwithstanding

16 the provisions of subsection (c)(2), the Attorney

17 General may hold in abeyance the removal of an

18 alien who has been ordered removed pursuant to this

19 title to allow the trial of such alien on any Federal

20 or State criminal charge and the service of any sen21 tence of confinement resulting from such a trial.

22 ‘‘(2) MAINTENANCE OF CUSTODY.—Pending the

23 commencement of any service of a sentence of con24 finement by an alien described in paragraph (1),

25 such an alien shall remain in the custody of the At-
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1 torney General, unless the Attorney General deter2 mines that temporary release of the alien to the cus3 tody of State authorities for confinement in a State

4 facility is appropriate and would not endanger na5 tional security or public safety.

6 ‘‘(3) SUBSEQUENT REMOVAL.—Following the

7 completion of a sentence of confinement by an alien

8 described in paragraph (1) or following the comple9 tion of State criminal proceedings which do not re10 sult in a sentence of confinement of an alien released

11 to the custody of State authorities pursuant to para12 graph (2), such an alien shall be returned to the

13 custody of the Attorney General who shall proceed

14 to carry out the provisions of subsection (c)(2) con15 cerning removal of the alien.

16 ‘‘(e) APPLICATION OF CERTAIN PROVISIONS.—For

17 purposes of section 751 and 752 of title 18, United States

18 Code, an alien in the custody of the Attorney General pur19 suant to this title shall be subject to the penalties provided

20 by those sections in relation to a person committed to the

21 custody of the Attorney General by virtue of an arrest on

22 a charge of felony.

23 ‘‘(f) RIGHTS OF ALIENS IN CUSTODY.—

24 ‘‘(1) FAMILY AND ATTORNEY VISITS.—An alien

25 in the custody of the Attorney General pursuant to
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1 this title shall be given reasonable opportunity to

2 communicate with and receive visits from members

3 of the alien’s family, and to contact, retain, and

4 communicate with an attorney.

5 ‘‘(2) DIPLOMATIC CONTACT.—An alien in the

6 custody of the Attorney General pursuant to this

7 title shall have the right to contact an appropriate

8 diplomatic or consular official of the alien’s country

9 of citizenship or nationality or of any country pro10 viding representation services therefore. The Attor11 ney General shall notify the appropriate embassy,

12 mission, or consular office of the alien’s detention.’’.

13 (b) CRIMINAL PENALTY FOR REENTRY OF ALIEN

14 TERRORISTS.—Section 276(b) (8 U.S.C. 1326(b)) is

15 amended—

16 (1) by striking ‘‘or’’ at the end of paragraph

17 (1),

18 (2) by striking the period at the end of para19 graph (2) and inserting ‘‘; or’’, and

20 (3) by inserting after paragraph (2) the follow21 ing new paragraph:

22 ‘‘(3) who has been excluded from the United

23 States pursuant to subsection 235(c) because the

24 alien was excludable under subsection 212(a)(3)(B)

25 or who has been removed from the United States
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1 pursuant to the provisions of title V, and who there2 after, without the permission of the Attorney Gen3 eral, enters the United States or attempts to do so

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

5 and imprisoned for a period of 10 years, which sen6 tence shall not run concurrently with any other sen7 tence.’’.

8 (c) ELIMINATION OF CUSTODY REVIEW BY HABEAS

9 CORPUS.—Section 106(a) (8 U.S.C. 1105a(a)) is amend10 ed—

11 (1) by adding ‘‘and’’ at the end of paragraph

12 (8),

13 (2) by striking ‘‘; and’’ at the end of paragraph

14 (9) and inserting a period, and

15 (3) by striking paragraph (10).

16 (d) EFFECTIVE DATE.—The amendments made by

17 this section shall take effect on the date of the enactment

18 of this Act and shall apply to all aliens without regard

19 to the date of entry or attempted entry into the United

20 States.

21 SEC. 322. FUNDING FOR DETENTION AND REMOVAL OF

22 ALIEN TERRORISTS.

23 In addition to amounts otherwise appropriated, there

24 are authorized to be appropriated for each fiscal year (be25 ginning with fiscal year 1996) $5,000,000 to the Immigra-
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1 tion and Naturalization Service for the purpose of detain2 ing and removing alien terrorists.

3 PART 2—EXCLUSION AND DENIAL OF ASYLUM

4 FOR ALIEN TERRORISTS

5 SEC. 331. MEMBERSHIP IN TERRORIST ORGANIZATION AS

6 GROUND FOR EXCLUSION.

7 (a) IN GENERAL.—Section 212(a)(3)(B) (8 U.S.C.

8 1182(a)(3)(B)) is amended—

9 (1) in clause (i)—

10 (A) by striking ‘‘or’’ at the end of

11 subclause (I),

12 (B) in subclause (II), by inserting ‘‘en13 gaged in or’’ after ‘‘believe,’’, and

14 (C) by inserting after subclause (II) the

15 following:

16 ‘‘(III) is a representative of a ter17 rorist organization, or

18 ‘‘(IV) is a member of a terrorist

19 organization which the alien knows or

20 should have known is a terrorist orga21 nization,’’; and

22 (2) by adding at the end the following:

23 ‘‘(iv) TERRORIST ORGANIZATION DE24 FINED.—
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1 ‘‘(I) DESIGNATION.—For pur2 poses of this Act, the term ‘terrorist

3 organization’ means a foreign organi4 zation designated in the Federal Reg5 ister as a terrorist organization by the

6 Secretary of State, in consultation

7 with the Attorney General, based

8 upon a finding that the organization

9 engages in, or has engaged in, terror10 ist activity that threatens the national

11 security of the United States.

12 ‘‘(II) PROCESS.—At least 3 days

13 before designating an organization as

14 a terrorist organization through publi15 cation in the Federal Register, the

16 Secretary of State, in consultation

17 with the Attorney General, shall notify

18 the Committees on the Judiciary of

19 the House of Representatives and the

20 Senate of the intent to make such

21 designation and the findings and basis

22 for designation. The Secretary of

23 State, in consultation with the Attor24 ney General, shall create an adminis25 trative record and may use classified
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1 information in making such a designa2 tion. Such information is not subject

3 to disclosure so long as it remains

4 classified, except that it may be dis5 closed to a court ex parte and in cam6 era under subclause (III) for purposes

7 of judicial review of such a designa8 tion. The Secretary of State, in con9 sultation with the Attorney General,

10 shall provide notice and an oppor11 tunity for public comment prior to the

12 creation of the administrative record

13 under this subclause.

14 ‘‘(III) JUDICIAL REVIEW.—Any

15 organization designated as a terrorist

16 organization under the preceding pro17 visions of this clause may, not later

18 than 30 days after the date of the

19 designation, seek judicial review there20 of in the United States Court of Ap21 peals for the District of Columbia Cir22 cuit. Such review shall be based solely

23 upon the administrative record, except

24 that the Government may submit, for

25 ex parte and in camera review, classi-
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1 fied information considered in making

2 the designation. The court shall hold

3 unlawful and set aside the designation

4 if the court finds the designation to be

5 arbitrary, capricious, an abuse of dis6 cretion, or otherwise not in accord7 ance with law, lacking substantial

8 support in the administrative record

9 taken as a whole or in classified infor10 mation submitted to the court under

11 the previous sentence, contrary to

12 constitutional right, power, privilege,

13 or immunity, or not in accord with the

14 procedures required by law.

15 ‘‘(IV) CONGRESSIONAL REMOVAL

16 AUTHORITY.—The Congress reserves

17 the authority to remove, by law, the

18 designation of an organization as a

19 terrorist organization for purposes of

20 this Act.

21 ‘‘(V) SUNSET.—Subject to

22 subclause (IV), the designation under

23 this clause of an organization as a

24 terrorist organization shall be effective

25 for a period of 2 years from the date
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1 of the initial publication of the terror2 ist organization designation by the

3 Secretary of State. At the end of such

4 period (but no sooner than 60 days

5 prior to the termination of the 2-year6 designation period), the Secretary of

7 State, in consultation with the Attor8 ney General, may redesignate the or9 ganization in conformity with the re10 quirements of this clause for designa11 tion of the organization.

12 ‘‘(VI) REMOVAL AUTHORITY.—

13 The Secretary of State, in consulta14 tion with the Attorney General, may

15 remove the terrorist organization des16 ignation from any organization pre17 viously designated as such an organi18 zation, at any time, so long as the

19 Secretary publishes notice of the re20 moval in the Federal Register. The

21 Secretary is not required to report to

22 Congress prior to taking such an ac23 tion.

24 ‘‘(v) REPRESENTATIVE DEFINED.—In

25 this subparagraph, the term ‘representa-
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1 tive’ includes an officer, official, or spokes2 man of the organization and any person

3 who directs, counsels, commands or in4 duces the organization or its members to

5 engage in terrorist activity.’’.

6 (b) EFFECTIVE DATE.—The amendments made by

7 this section shall take effect on the date of the enactment

8 of this Act.

9 SEC. 332. DENIAL OF ASYLUM TO ALIEN TERRORISTS.

10 (a) IN GENERAL.—Section 208(a) (8 U.S.C.

11 1158(a)) is amended by adding at the end the following:

12 ‘‘The Attorney General may not grant an alien asylum if

13 the Attorney General determines that the alien is inadmis14 sible under subclause (I), (II), or (III) of section

15 212(a)(3)(B)(i) or deportable under section

16 241(a)(4)(B).’’.

17 (b) EFFECTIVE DATE.—The amendment made by

18 subsection (a) shall take effect on the date of the enact19 ment of this Act and apply to asylum determinations made

20 on or after such date.

21 SEC. 333. DENIAL OF OTHER RELIEF FOR ALIEN TERROR22 ISTS.

23 (a) WITHHOLDING OF DEPORTATION.—Section

24 243(h)(2) (8 U.S.C. 1253(h)(2)) is amended by adding

25 at the end the following new sentence: ‘‘For purposes of
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1 subparagraph (D), an alien who is described in section

2 241(a)(4)(B) shall be considered to be an alien with re3 spect to whom there are reasonable grounds for regarding

4 as a danger to the security of the United States.’’.

5 (b) SUSPENSION OF DEPORTATION.—Section 244(a)

6 of such Act (8 U.S.C. 1254(a)) is amended by striking

7 ‘‘section 241(a)(4)(D)’’ and inserting ‘‘subparagraph (B)

8 or (D) of section 241(a)(4)’’.

9 (c) VOLUNTARY DEPARTURE.—Section 244(e)(2) of

10 such Act (8 U.S.C. 1254(e)(2)) is amended by inserting

11 ‘‘under section 241(a)(4)(B) or’’ after ‘‘who is deport12 able’’.

13 (d) ADJUSTMENT OF STATUS.—Section 245(c) of

14 such Act (8 U.S.C. 1255(c)) is amended—

15 (1) by striking ‘‘or’’ before ‘‘(5)’’, and

16 (2) by inserting before the period at the end the

17 following: ‘‘, or (6) an alien who is deportable under

18 section 241(a)(4)(B)’’.

19 (e) REGISTRY.—Section 249(d) of such Act (8 U.S.C.

20 1259(d)) is amended by inserting ‘‘and is not deportable

21 under section 241(a)(4)(B)’’ after ‘‘ineligible to citizen22 ship’’.

23 (f) EFFECTIVE DATE.—(1) The amendments made

24 by this section shall take effect on the date of the enact25 ment of this Act and shall apply to applications filed be-
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1 fore, on, or after such date if final action has not been

2 taken on them before such date.

3 (2) The amendments made by subsections (a)

4 through (c) are subsequently superseded by the amend5 ments made by subtitle A.

6 Subtitle C—Deterring Transpor7 tation of Unlawful Aliens to the

8 United States

9 SEC. 341. DEFINITION OF STOWAWAY.

10 (a) STOWAWAY DEFINED.—Section 101(a) (8 U.S.C.

11 1101(a)) is amended by adding the following new para12 graph:

13 ‘‘(47) The term ‘stowaway’ means any alien

14 who obtains transportation without the consent of

15 the owner, charterer, master or person in command

16 of any vessel or aircraft through either concealment

17 on board such vessel or aircraft or evasion of that

18 carrier’s standard boarding procedures.’’

19 (b) EFFECTIVE DATE.—The amendment made by

20 subsection (a) shall take effect on the date of the enact21 ment of this Act.

22 SEC. 342. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIV23 ING.

24 (a) IN GENERAL.—Section 231(a) (8 U.S.C.

25 1221(a)) is amended—
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1 (1) by amending the first sentence to read as

2 follows: ‘‘In connection with the arrival of any per3 son by water or by air at any port within the United

4 States from any place outside the United States, it

5 shall be the duty of the master or commanding offi6 cer, or authorized agent, owner, or consignee of the

7 vessel or aircraft, having such person on board to

8 deliver to the immigration officers at the port of ar9 rival, or other place designated by the Attorney Gen10 eral, electronic, typewritten or printed lists or mani11 fests of the persons on board such vessel or air12 craft.’’;

13 (2) in the second sentence, by striking ‘‘shall be

14 prepared’’ and inserting ‘‘shall be prepared and sub15 mitted’’; and

16 (3) by inserting after the second sentence the

17 following sentence: ‘‘Such lists or manifests shall

18 contain, but not be limited to, for each person trans19 ported, the person’s full name, date of birth, gender,

20 citizenship, travel document number (if applicable)

21 and arriving flight number.’’.

22 (b) EFFECTIVE DATE.—The amendments made by

23 subsection (a) shall apply to vessels or aircraft arriving

24 at ports of entry on or after such date (not later than
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1 60 days after the date of the enactment of this Act) as

2 the Attorney General shall specify.

3 SEC. 343. TRANSPORTATION LINE RESPONSIBILITY FOR

4 TRANSIT WITHOUT VISA ALIENS.

5 (a) IN GENERAL.—Section 238(c) (8 U.S.C.

6 1228(c)), before redesignation as section 233 under sec7 tion 308(b)(4), is amended—

8 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’, and

9 (2) by adding at the end the following new

10 paragraph:

11 ‘‘(2) Notwithstanding any other provision of this Act

12 and in consideration for bringing aliens transiting through

13 the United States without a visa, a transportation line

14 that has entered into a contract under this section is

15 deemed to have agreed to indemnify the United States

16 against any costs for the detention and removal from the

17 United States of any such alien who for any reason—

18 ‘‘(A) is refused admission to the United States,

19 ‘‘(B) fails to continue the alien’s journey to a

20 foreign country within the time prescribed by regula21 tion, or

22 ‘‘(C) is refused admission by the foreign coun23 try to which the alien is travelling while transiting

24 through the United States. ’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall apply to aliens arriving in the United

3 States on or after such date (not later than 60 days after

4 the date of the enactment of this Act) as the Attorney

5 General shall specify.

6 SEC. 344. CIVIL PENALTIES FOR BRINGING INADMISSIBLE

7 ALIENS FROM CONTIGUOUS TERRITORIES.

8 (a) IN GENERAL.—Section 273 (8 U.S.C. 1323) is

9 amended—

10 (1) in subsection (a), by striking ‘‘(other than

11 from foreign contiguous territory)’’, and

12 (2) in subsection (b), by striking ‘‘$3,000’’ and

13 inserting ‘‘$5,000’’.

14 (b) EFFECTIVE DATE.—The amendments made by

15 subsection (a) shall apply to aliens arriving in the United

16 States on or after such date (not later than 60 days after

17 the date of the enactment of this Act) as the Attorney

18 General shall specify.

19 Subtitle D—Additional Provisions

20 SEC. 351. DEFINITION OF CONVICTION.

21 (a) IN GENERAL.—Section 101(a) (8 U.S.C.

22 1101(a)), as amended by section 341, is amended by add23 ing at the end the following new paragraph:

24 ‘‘(48) The term ‘conviction’ means a formal

25 judgment of guilt entered by a court or, if adjudica-
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1 tion of guilt has been withheld, where all of the fol2 lowing elements are present:

3 ‘‘(A) A judge or jury has found the alien

4 guilty or the alien has entered a plea of guilty

5 or nolo contendere or has admitted sufficient

6 facts to warrant a finding of guilt.

7 ‘‘(B) The judge has ordered some form of

8 punishment, penalty, or restraint on the alien’s

9 liberty to be imposed.

10 ‘‘(C) A judgment or adjudication of guilt

11 may be entered if the alien violates the terms

12 of the probation or fails to comply with the re13 quirements of the court’s order, without avail14 ability of further proceedings regarding the

15 alien’s guilt or innocence of the original

16 charge.’’.

17 (b) EFFECTIVE DATE.—The amendment made by

18 subsection (a) shall apply to convictions entered before,

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

20 SEC. 352. USE OF TERM ‘‘IMMIGRATION JUDGE’’.

21 (a) DEFINITION OF TERM.—Paragraph (4) of section

22 101(b) (8 U.S.C. 1101(b)) is amended to read as follows:

23 ‘‘(4) The term ‘immigration judge’ means an attorney

24 whom the Attorney General deems specially qualified to

25 conduct specified classes of proceedings, including a hear-
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1 ing under section 240. An immigration judge shall be sub2 ject to such supervision and shall perform such duties as

3 the Attorney General shall prescribe, but shall not be em4 ployed by the Immigration and Naturalization Service.’’.

5 (b) SUBSTITUTION FOR TERM ‘‘SPECIAL INQUIRY

6 OFFICER’’.—The Immigration and Nationality Act is

7 amended by striking ‘‘special inquiry officer’’ and ‘‘special

8 inquiry officers’’ and inserting ‘‘immigration judge’’ and

9 ‘‘immigration judges’’, respectively, each place it appears

10 in the following sections:

11 (1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)).

12 (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).

13 (3) Section 234 (8 U.S.C. 1224).

14 (4) Section 235 (8 U.S.C. 1225).

15 (5) Section 236 (8 U.S.C. 1226).

16 (6) Section 242(b) (8 U.S.C. 1252(b)).

17 (7) Section 242(d)(1) (8 U.S.C. 1252(d)(1)).

18 (8) Section 273(d) (8 U.S.C. 1323(d)).

19 (9) Section 292 (8 U.S.C. 1362).

20 (c) EFFECTIVE DATE.—The amendments made by

21 this section shall take effect on the date of the enactment

22 of this Act.
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1 SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT

2 STATUS.

3 (a) IN GENERAL.—Section 246(a) (8 U.S.C.

4 1256(a)) is amended by adding at the end the following

5 sentence: ‘‘Nothing in this subsection shall require the At6 torney General to rescind the alien’s status prior to com7 mencement of procedures to remove the alien under sec8 tion 240, and an order of removal issued by an immigra9 tion judge shall be sufficient to rescind the alien’s sta10 tus.’’.

11 (b) EFFECTIVE DATE.—The amendment made by

12 subsection (a) shall take effect on the title III–A effective

13 date (as defined in section 309(a)).

14 SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.

15 (a) IN GENERAL.—The Immigration and Nationality

16 Act is amended by inserting after section 274C the follow17 ing new section:

18 ‘‘CIVIL PENALTIES FOR FAILURE TO DEPART

19 ‘‘SEC. 274D. (a) IN GENERAL.—Any alien subject to

20 a final order of removal who—

21 ‘‘(1) willfully fails or refuses to—

22 ‘‘(A) depart from the United States pursu23 ant to the order,

24 ‘‘(B) make timely application in good faith

25 for travel or other documents necessary for de26 parture, or
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1 ‘‘(C) present for removal at the time and

2 place required by the Attorney General; or

3 ‘‘(2) conspires to or takes any action designed

4 to prevent or hamper the alien’s departure pursuant

5 to the order,

6 shall pay a civil penalty of not more $500 to the Commis7 sioner for each day the alien is in violation of this section.

8 ‘‘(b) CONSTRUCTION.—Nothing in this section shall

9 be construed to diminish or qualify any penalties to which

10 an alien may be subject for activities proscribed by section

11 243(a) or any other section of this Act.’’.

12 (b) CLERICAL AMENDMENT.—The table of contents

13 of such Act is amended by inserting after the item relating

14 to section 274C the following new item:

‘‘Sec. 274D. Civil penalties for failure to depart.’’.

15 (c) EFFECTIVE DATE.—The amendments made by

16 subsection (a) shall apply to actions occurring on or after

17 title III–A effective date (as defined in section 309(a)).

18 SEC. 355. CLARIFICATION OF DISTRICT COURT JURISDIC19 TION.

20 (a) IN GENERAL.—Section 279 (8 U.S.C. 1329) is

21 amended—

22 (1) by amending the first sentence to read as

23 follows: ‘‘The district courts of the United States

24 shall have jurisdiction of all causes, civil and crimi-
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1 nal, brought by the United States that arise under

2 the provisions of this title.’’, and

3 (2) by adding at the end the following new sen4 tence: ‘‘Nothing in this section shall be construed as

5 providing jurisdiction for suits against the United

6 States or its agencies or officers.’’

7 (b) EFFECTIVE DATE.—The amendments made by

8 subsection (a) shall apply to actions filed after the date

9 of the enactment of this Act.

10 SEC. 356. USE OF RETIRED FEDERAL EMPLOYEES FOR IN11 STITUTIONAL HEARING PROGRAM.

12 (a) AUTHORIZATION OF TEMPORARY EMPLOYMENT

13 OF CERTAIN ANNUITANTS AND RETIREES.—For the pur14 pose of performing duties in connection with supporting

15 the enhanced Institutional Hearing Program, the Attorney

16 General may employ for a period not to exceed 24 months

17 (beginning 3 months after the date of the enactment of

18 this Act) not more than 300 individuals (at any one time)

19 who, by reason of separation from service on or before

20 January 1, 1995, are receiving—

21 (1) annuities under the provisions of subchapter

22 III of chapter 83 of title 5, United States Code, or

23 chapter 84 of such title;

24 (2) annuities under any other retirement system

25 for employees of the Federal Government; or
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1 (3) retired or retainer pay as retired officers of

2 regular components of the uniformed services.

3 (b) NO REDUCTION IN ANNUITY OR RETIREMENT

4 PAY OR REDETERMINATION OF PAY DURING TEMPORARY

5 EMPLOYMENT.—

6 (1) RETIREES UNDER CIVIL SERVICE RETIRE7 MENT SYSTEM AND FEDERAL EMPLOYEES’ RETIRE8 MENT SYSTEM.—In the case of an individual em9 ployed under subsection (a) who is receiving an an10 nuity described in subsection (a)(1)—

11 (A) such individual’s annuity shall con12 tinue during the employment under subsection

13 (a) and shall not be increased as a result of

14 service performed during that employment;

15 (B) retirement deductions shall not be

16 withheld from such individual’s pay; and

17 (C) such individual’s pay shall not be sub18 ject to any deduction based on the portion of

19 such individual’s annuity which is allocable to

20 the period of employment.

21 (2) OTHER FEDERAL RETIREES.—The Presi22 dent shall apply the provisions of paragraph (1) to

23 individuals who are receiving an annuity described in

24 subsection (a)(2) and who are employed under sub25 section (a) in the same manner and to the same ex-
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1 tent as such provisions apply to individuals who are

2 receiving an annuity described in subsection (a)(1)

3 and who are employed under subsection (a).

4 (3) RETIRED OFFICERS OF THE UNIFORM

5 SERVICES.—The retired or retainer pay of a retired

6 officer of a regular component of a uniformed serv7 ice shall not be reduced under section 5532 of title

8 5, United States Code, by reason of temporary em9 ployment authorized under subsection (a).

10 SEC. 357. ENHANCED PENALTIES FOR FAILURE TO DEPART,

11 ILLEGAL REENTRY, AND PASSPORT AND VISA

12 FRAUD.

13 (a) FAILING TO DEPART.—The United States Sen14 tencing Commission shall promptly promulgate, pursuant

15 to section 994 of title 28, United States Code, amend16 ments to the sentencing guidelines to make appropriate

17 increases in the base offense level for offenses under sec18 tion 242(e) and 276(b) of the Immigration and National19 ity Act (8 U.S.C. 1252(e) and 1326(b)) to reflect the

20 amendments made by section 130001 of the Violent Crime

21 Control and Law Enforcement Act of 1994.

22 (b) PASSPORT AND VISA OFFENSES.—The United

23 States Sentencing Commission shall promptly promulgate,

24 pursuant to section 994 of title 28, United States Code,

25 amendments to the sentencing guidelines to make appro-
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1 priate increases in the base offense level for offenses under

2 chapter 75 of title 18, United States Code to reflect the

3 amendments made by section 130009 of the Violent Crime

4 Control and Law Enforcement Act of 1994.

5 SEC. 358. AUTHORIZATION OF ADDITIONAL FUNDS FOR RE6 MOVAL OF ALIENS.

7 In addition to the amounts otherwise authorized to

8 be appropriated for each fiscal year beginning with fiscal

9 year 1996, there are authorized to be appropriated to the

10 Attorney General $150,000,000 for costs associated with

11 the removal of inadmissible or deportable aliens, including

12 costs of detention of such aliens pending their removal,

13 the hiring of more investigators, and the hiring of more

14 detention and deportation officers.

15 SEC. 359. APPLICATION OF ADDITIONAL CIVIL PENALTIES

16 TO ENFORCEMENT.

17 (a) IN GENERAL.—Subsection (b) of section 280 (8

18 U.S.C. 1330(b)) is amended to read as follows:

19 ‘‘(b)(1) There is established in the general fund of

20 the Treasury a separate account which shall be known as

21 the ‘Immigration Enforcement Account’. Notwithstanding

22 any other section of this title, there shall be deposited as

23 offsetting receipts into the Immigration Enforcement Ac24 count amounts described in paragraph (2) to remain avail25 able until expended.
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1 ‘‘(2) The amounts described in this paragraph are the

2 following:

3 ‘‘(A) The increase in penalties collected result4 ing from the amendments made by sections 203(b)

5 and 543(a) of the Immigration Act of 1990.

6 ‘‘(B) Civil penalties collected under sections

7 240B(d), 274C, 274D, and 275(b).

8 ‘‘(3)(A) The Secretary of the Treasury shall refund

9 out of the Immigration Enforcement Account to any ap10 propriation the amount paid out of such appropriation for

11 expenses incurred by the Attorney General for activities

12 that enhance enforcement of provisions of this title, in13 cluding—

14 ‘‘(i) the identification, investigation, apprehen15 sion, detention, and removal of criminal aliens;

16 ‘‘(ii) the maintenance and updating of a system

17 to identify and track criminal aliens, deportable

18 aliens, inadmissible aliens, and aliens illegally enter19 ing the United States; and

20 ‘‘(iii) for the repair, maintenance, or construc21 tion on the United States border, in areas experienc22 ing high levels of apprehensions of illegal aliens, of

23 structures to deter illegal entry into the United

24 States.
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1 ‘‘(B) The amounts which are required to be refunded

2 under subparagraph (A) shall be refunded at least quar3 terly on the basis of estimates made by the Attorney Gen4 eral of the expenses referred to in subparagraph (A).

5 Proper adjustments shall be made in the amounts subse6 quently refunded under subparagraph (A) to the extent

7 prior estimates were in excess of, or less than, the amount

8 required to be refunded under subparagraph (A).’’.

9 (b) IMMIGRATION USER FEE ACCOUNT.—Section

10 286(h)(1)(B) (8 U.S.C. 1356(h)(1)(B)) is amended by

11 striking ‘‘271’’ and inserting ‘‘243(c), 271,’’.

12 (c) EFFECTIVE DATE.—The amendments made by

13 this section shall apply to fines and penalties collected on

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

15 TITLE IV—ENFORCEMENT OF

16 RESTRICTIONS AGAINST EM17 PLOYMENT

18 TABLE OF CONTENTS OF TITLE

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

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

Sec. 403. Changes in the employer sanctions program.

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

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

19 SEC. 401. STRENGTHENED ENFORCEMENT OF THE EM20 PLOYER SANCTIONS PROVISIONS.

21 (a) IN GENERAL.—The number of full-time equiva22 lent positions in the Investigations Division within the Im23 migration and Naturalization Service of the Department
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1 of Justice beginning in fiscal year 1996 shall be increased

2 by 350 positions above the number of full-time equivalent

3 positions available to such Division as of September 30,

4 1994.

5 (b) ASSIGNMENT.—Individuals employed to fill the

6 additional positions described in subsection (a) shall be as7 signed to investigate violations of the employer sanctions

8 provisions contained in section 274A of the Immigration

9 and Nationality Act, including investigating reports of vio10 lations received from officers of the Employment Stand11 ards Administration of the Department of Labor.

12 SEC. 402. STRENGTHENED ENFORCEMENT OF WAGE AND

13 HOUR LAWS.

14 (a) IN GENERAL.—The number of full-time equiva15 lent positions in the Wage and Hour Division with the

16 Employment Standards Administration of the Department

17 of Labor beginning in fiscal year 1996 shall be increased

18 by 150 positions above the number of full-time equivalent

19 positions available to the Wage and Hour Division as of

20 September 30, 1994.

21 (b) ASSIGNMENT.—Individuals employed to fill the

22 additional positions described in subsection (a) shall be as23 signed to investigate violations of wage and hour laws in

24 areas where the Attorney General has notified the Sec-
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1 retary of Labor that there are high concentrations of un2 documented aliens.

3 SEC. 403. CHANGES IN THE EMPLOYER SANCTIONS PRO4 GRAM.

5 (a) REDUCING THE NUMBER OF DOCUMENTS AC6 CEPTED FOR EMPLOYMENT VERIFICATION.—Section

7 274A(b) (8 U.S.C. 1324a(b)) is amended—

8 (1) in paragraph (1)(B)—

9 (A) by adding ‘‘or’’ at the end of clause (i),

10 (B) by striking clauses (ii) through (iv),

11 and

12 (C) in clause (v), by striking ‘‘or other

13 alien registration card, if the card’’ and insert14 ing ‘‘, alien registration card, or other docu15 ment designated by regulation by the Attorney

16 General, if the document’’ and redesignating

17 such clause as clause (ii);

18 (2) by amending subparagraph (C) of para19 graph (1) to read as follows:

20 ‘‘(C) SOCIAL SECURITY ACCOUNT NUMBER

21 CARD AS EVIDENCE OF EMPLOYMENT AUTHOR22 IZATION.—A document described in this sub23 paragraph is an individual’s social security ac24 count number card (other than such a card

25 which specifies on the face that the issuance of
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1 the card does not authorize employment in the

2 United States).’’; and

3 (3) by amending paragraph (2) to read as fol4 lows:

5 ‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOY6 MENT AUTHORIZATION AND PROVISION OF SOCIAL

7 SECURITY ACCOUNT NUMBER.—The individual

8 must—

9 ‘‘(A) attest, under penalty of perjury on

10 the form designated or established for purposes

11 of paragraph (1), that the individual is a citizen

12 or national of the United States, an alien law13 fully admitted for permanent residence, or an

14 alien who is authorized under this Act or by the

15 Attorney General to be hired, recruited, or re16 ferred for such employment; and

17 ‘‘(B) provide on such form the individual’s

18 social security account number.’’.

19 (b) EMPLOYMENT ELIGIBILITY CONFIRMATION

20 PROCESS.—Section 274A (8 U.S.C. 1324a) is amended—

21 (1) in subsection (a)(3), by inserting ‘‘(A)’’

22 after ‘‘DEFENSE.—’’, and by adding at the end the

23 following:

24 ‘‘(B) FAILURE TO SEEK AND OBTAIN CON25 FIRMATION.—In the case of a hiring of an individual
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1 for employment in the United States, if such a per2 son or entity—

3 ‘‘(i) has not made an inquiry, under the

4 mechanism established under subsection (b)(6),

5 seeking confirmation of the identity, social secu6 rity number, and work eligibility of the individ7 ual, by not later than the end of 2 working days

8 (as specified by the Attorney General) after the

9 date of the hiring, the defense under subpara10 graph (A) shall not be considered to apply with

11 respect to any employment after such 2 working

12 days, and

13 ‘‘(ii) has made the inquiry described in

14 clause (i) but has not received an appropriate

15 confirmation of such identity, number, and

16 work eligibility under such mechanism within

17 the time period specified in subsection

18 (b)(6)(D)(iii) after the time the confirmation

19 inquiry was received, the defense under sub20 paragraph (A) shall not be considered to apply

21 with respect to any employment after the end of

22 such time period.’’;

23 (2) by amending paragraph (3) of subsection

24 (b) to read as follows:
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1 ‘‘(3) RETENTION OF VERIFICATION FORM AND

2 CONFIRMATION.—After completion of such form in

3 accordance with paragraphs (1) and (2), the person

4 or entity must—

5 ‘‘(A) retain the form and make it available

6 for inspection by officers of the Service, the

7 Special Counsel for Immigration-Related Unfair

8 Employment Practices, or the Department of

9 Labor during a period beginning on the date of

10 the hiring, recruiting, or referral of the individ11 ual and ending—

12 ‘‘(i) in the case of the recruiting or re13 ferral for a fee (without hiring) of an indi14 vidual, three years after the date of the re15 cruiting or referral, and

16 ‘‘(ii) in the case of the hiring of an in17 dividual—

18 ‘‘(I) three years after the date of

19 such hiring, or

20 ‘‘(II) one year after the date the

21 individual’s employment is terminated,

22 whichever is later; and

23 ‘‘(B) for individuals hired on or after Octo24 ber 1, 1998, seek (within 2 working days of the

25 date of hiring) and have (within the time period
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1 specified in paragraph (6)(D)(iii)) the identity,

2 social security number, and work eligibility of

3 the individual confirmed in accordance with the

4 procedures established under paragraph (6).’’;

5 and

6 (3) by adding at the end of subsection (b) the

7 following new paragraph:

8 ‘‘(6) EMPLOYMENT ELIGIBILITY CONFIRMATION

9 PROCESS.—

10 ‘‘(A) IN GENERAL.—The Attorney General

11 shall establish a confirmation mechanism

12 through which the Attorney General (or a des13 ignee of the Attorney General)—

14 ‘‘(i) responds to inquiries by employ15 ers, made through a toll-free telephone line

16 or other electronic media in the form of an

17 appropriate confirmation code or other18 wise, on whether an individual is author19 ized to be employed by that employer, and

20 ‘‘(ii) maintains a record that the such

21 an inquiry was made and the confirmation

22 provided (or not provided).

23 ‘‘(B) EXPEDITED PROCEDURE IN CASE OF

24 NO CONFIRMATION.—In connection with sub25 paragraph (A), the Attorney General shall es-
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1 tablish, in consultation with the Commissioner

2 of Social Security and the Commissioner of the

3 Service, expedited procedures that shall be used

4 to confirm the validity of information used

5 under confirmation mechanism in cases in

6 which the confirmation is sought but is not pro7 vided through the confirmation mechanism.

8 ‘‘(C) DESIGN AND OPERATION OF MECHA9 NISM.—The confirmation mechanism shall be

10 designed and operated to maximize—

11 ‘‘(i) the reliability of the confirmation

12 process, and

13 ‘‘(ii) the ease of use by employers, re14 cruiters, and referrers,

15 consistent with insulating and protecting the

16 privacy and security of the underlying informa17 tion.

18 ‘‘(D) CONFIRMATION PROCESS.—(i) As

19 part of the confirmation mechanism, the Com20 missioner of Social Security shall establish a re21 liable, secure method, which within the time pe22 riod specified in clause (iii), compares the name

23 and social security account number provided

24 against such information maintained by the

25 Commissioner in order to confirm (or not con-
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1 firm) the validity of the information provided

2 and whether the account number indicates that

3 the individual is authorized to be employed in

4 the United States. The Commissioner shall not

5 disclose or release social security information.

6 ‘‘(ii) As part of the confirmation mecha7 nism, the Commissioner of the Service shall es8 tablish a reliable, secure method, which, within

9 the time period specified in clause (iii), com10 pares the name and alien identification number

11 (if any) provided against such information

12 maintained by the Commissioner in order to

13 confirm (or not confirm) the validity of the in14 formation provided and whether the alien is au15 thorized to be employed in the United States.

16 ‘‘(iii) For purposes of this section, the At17 torney General shall specify, in consultation

18 with the Commissioner of Social Security and

19 the Commissioner of the Service, an expedited

20 time period within which confirmation is to be

21 provided through the confirmation mechanism.

22 ‘‘(iv) The Commissioners shall update their

23 information in a manner that promotes the

24 maximum accuracy and shall provide a process
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1 for the prompt correction of erroneous informa2 tion.’’.

3 (c) REDUCTION OF PAPERWORK FOR CERTAIN EM4 PLOYEES.—Section 274A(a) (8 U.S.C. 1324a(a)) is

5 amended by adding at the end the following new para6 graph:

7 ‘‘(6) TREATMENT OF DOCUMENTATION FOR

8 CERTAIN EMPLOYEES.—

9 ‘‘(A) IN GENERAL.—For purposes of para10 graphs (1)(B) and (3), if—

11 ‘‘(i) an individual is a member of a

12 collective-bargaining unit and is employed,

13 under a collective bargaining agreement

14 entered into between one or more employee

15 organizations and an association of two or

16 more employers, by an employer that is a

17 member of such association, and

18 ‘‘(ii) within the period specified in

19 subparagraph (B), another employer that

20 is a member of the association (or an

21 agent of such association on behalf of the

22 employer) has complied with the require23 ments of subsection (b) with respect to the

24 employment of the individual,
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1 the subsequent employer shall be deemed to

2 have complied with the requirements of sub3 section (b) with respect to the hiring of the em4 ployee and shall not be liable for civil penalties

5 described in subsection (e)(5).

6 ‘‘(B) PERIOD.—The period described in

7 this subparagraph is—

8 ‘‘(i) up to 5 years in the case of an in9 dividual who has presented documentation

10 identifying the individual as a national of

11 the United States or as an alien lawfully

12 admitted for permanent residence; or

13 ‘‘(ii) up to 3 years (or, if less, the pe14 riod of time that the individual is author15 ized to be employed in the United States)

16 in the case of another individual.

17 ‘‘(C) LIABILITY.—

18 ‘‘(i) IN GENERAL.—If any employer

19 that is a member of an association hires

20 for employment in the United States an in21 dividual and relies upon the provisions of

22 subparagraph (A) to comply with the re23 quirements of subsection (b) and the indi24 vidual is an unauthorized alien, for the

25 purposes of paragraph (1)(A), subject to
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1 clause (ii), the employer shall be consid2 ered to have known at the time of hiring

3 or afterward that the individual was an un4 authorized alien.

5 ‘‘(ii) REBUTTAL OF PRESUMPTION.—

6 The presumption established by clause (i)

7 may be rebutted by the employer through

8 the presentation of clear and convincing

9 evidence that the employer did not know

10 (and could not reasonably have known)

11 that the individual at the time of hiring or

12 afterward was an unauthorized alien.’’.

13 (d) ELIMINATION OF DATED PROVISIONS.—Section

14 274A (8 U.S.C. 1324a) is amended by striking subsections

15 (i) through (n).

16 (e) EFFECTIVE DATES.—

17 (1) Except as provided in this subsection, the

18 amendments made by this section shall apply with

19 respect to hiring (or recruiting or referring) occur20 ring on or after such date (not later than 180 days

21 after the date of the enactment of this Act) as the

22 Attorney General shall designate.

23 (2)(A) The Attorney General shall establish the

24 employment eligibility confirmation mechanism (de25 scribed in section 274A(b)(6) of the Immigration
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1 and Nationality Act, as added by subsection (b)) by

2 not later than October 1, 1999.

3 (B) Before establishing the mechanism, the At4 torney General shall undertake such pilot projects,

5 in at least 5 of the 7 States with the highest esti6 mated population of unauthorized aliens, as will test

7 and assure that the mechanism implemented is reli8 able and easy to use. Such projects shall be initiated

9 not later than 6 months after the date of the enact10 ment of this Act.

11 (C) The Attorney General shall submit to the

12 Congress, beginning in 1997, annual reports on the

13 development and implementation of the mechanism.

14 (3) The amendment made by subsection (c)

15 shall apply to individuals hired on or after 60 days

16 after the date of the enactment of this Act.

17 (4) The amendment made by subsection (d)

18 shall take effect on the date of the enactment of this

19 Act.

20 SEC. 404. REPORTS ON EARNINGS OF ALIENS NOT AUTHOR21 IZED TO WORK.

22 Subsection (c) of section 290 (8 U.S.C. 1360) is

23 amended to read as follows:

24 ‘‘(c)(1) Not later than 3 months after the end of each

25 fiscal year (beginning with fiscal year 1995), the Commis-
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1 sioner of Social Security shall report to the Committees

2 on the Judiciary of the House of Representatives and the

3 Senate on the aggregate number of social security account

4 numbers issued to aliens not authorized to be employed

5 to which earnings were reported to the Social Security Ad6 ministration in such fiscal year.

7 ‘‘(2) If earnings are reported on or after January 1,

8 1996, to the Social Security Administration on a social

9 security account number issued to an alien not authorized

10 to work in the United States, the Commissioner of Social

11 Security shall provide the Attorney General with informa12 tion regarding the name and address of the individual to

13 whom the number was issued and with respect to whom

14 the earnings were reported and regarding the amount and

15 name and address of the person reporting the earnings.

16 The information shall be provided in an electronic form

17 agreed upon by the Commissioner and the Attorney Gen18 eral.’’.

19 SEC. 405. AUTHORIZING MAINTENANCE OF CERTAIN IN20 FORMATION ON ALIENS.

21 Section 264 (8 U.S.C. 1304) is amended by adding

22 at the end the following new subsection:

23 ‘‘(f) Notwithstanding any other provision of law, the

24 Attorney General is authorized to require any alien to pro25 vide the alien’s social security account number for pur-
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1 poses of inclusion in any record of the alien maintained

2 by the Attorney General or the Service.’’.

3 TITLE V—REFORM OF LEGAL

4 IMMIGRATION SYSTEM

5 TABLE OF CONTENTS OF TITLE

Sec. 500. Overview of new legal immigration system.

Subtitle A—Worldwide Numerical Limits

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

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

Sec. 503. Establishment of numerical limitation on humanitarian immigrants.

Sec. 504. Requiring congressional review and reauthorization of worldwide levels every 5 years.

Subtitle B—Changes in Preference System

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

Sec. 512. Change in family-sponsored classification.

Sec. 513. Change in employment-based classification.

Sec. 514. Authorization to require periodic confirmation of classification petitions.

Sec. 515. Changes in special immigrant status.

Sec. 516. Miscellaneous conforming amendments.

Subtitle C—Refugees, Asylees, Parole, and Humanitarian Admissions

Sec. 521. Changes in refugee annual admissions.

Sec. 522. Fixing numerical adjustments for asylees at 10,000 each year.

Sec. 523. Increased resources for reducing asylum application backlogs.

Sec. 524. Parole available only on a case-by-case basis for humanitarian reasons or significant public benefit.

Sec. 525. Admission of humanitarian immigrants.

Subtitle D—General Effective Date; Transition Provisions

Sec. 551. General effective date.

Sec. 552. General transition for current classification petitions.

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

Sec. 554. Special treatment of certain disadvantaged family first preference immigrants.
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1 SEC. 500. OVERVIEW OF NEW LEGAL IMMIGRATION SYS2 TEM.

3 This title amends the legal immigration provisions of

4 the Immigration and Nationality Act so as to provide for

5 the following (beginning with fiscal year 1997):

6 (1) DIVISION OF IMMIGRATION AMONG 3 CAT7 EGORIES.—There will be a worldwide level of immi8 gration of approximately 535,000, divided among—

9 (A) family-sponsored immigrants, with a

10 worldwide annual numerical limitation (after a

11 transition) of approximately 330,000,

12 (B) employment-based immigrants, with a

13 worldwide annual numerical limitation of

14 135,000, and

15 (C) humanitarian immigrants, with a

16 worldwide annual numerical limitation (after a

17 transition) of approximately 70,000.

18 Congress is required to reevaluate and reauthorize

19 these numbers every 5 years.

20 (2) FAMILY-SPONSORED IMMIGRANTS.—

21 (A) CATEGORIES.—Family-sponsored im22 migrants are (i) spouses and children of citi23 zens, (ii) spouses and children of permanent

24 resident aliens, and (iii) parents of adult United

25 States citizens if a majority of the sons and

26 daughters of the parents are in the United
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1 States and the parents meet certain insurance

2 requirements.

3 (B) NUMERICAL LIMITATIONS.—

4 (i) There will be no direct numerical

5 limit on admission of spouses and children

6 of United States citizens.

7 (ii) The annual numerical limit on ad8 mission of spouses and children of perma9 nent residents will be below 85,000.

10 (3) EMPLOYMENT-BASED IMMIGRANTS.—Em11 ployment-based immigrants will fall within the fol12 lowing categories and numerical limitations:

13 (A) EXTRAORDINARY IMMIGRANTS.—First,

14 aliens with extraordinary ability, up to 15,000

15 each year.

16 (B) VERY HIGHLY SKILLED IMMI17 GRANTS.—Second, aliens with exceptional abil18 ity, who are members of the professions holding

19 advanced degrees, or who are multinational ex20 ecutives and managers, up to 60,000 each year,

21 plus any left from the previous category.

22 (C) OTHER PROFESSIONALS AND SKILLED

23 WORKERS.—Third, aliens who are either other

24 professionals with a baccalaureate degree and

25 at least 5 years’ experience or skilled workers
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1 with at least 7 years of training and work expe2 rience, up to 45,000 each year, plus any left

3 from the previous category.

4 (D) INVESTORS.—Fourth, aliens who are

5 investing at least $1,000,000 in enterprises in

6 the United States that will employ at least 10

7 workers, up to 10,000 each year (with a 2-year

8 pilot program for those investing at least

9 $500,000 in enterprises employing at least 5

10 workers).

11 (E) CERTAIN SPECIAL IMMIGRANTS.—

12 Lastly, aliens who fall within certain classes of

13 special immigrants (such as religious ministers,

14 aliens who have worked for the Government

15 abroad, certain long-term alien employees of

16 international organizations, certain dependent

17 juveniles, and certain long-term alien members

18 of the Armed Forces), up to 5,000 each year.

19 (4) HUMANITARIAN IMMIGRANTS.—Humani20 tarian immigrants will fall within the following cat21 egories and numerical limitations:

22 (A) REFUGEES.—Refugees, subject to a

23 numerical limitation (after a transition) of

24 50,000 or such higher number at the Congress

25 may provide by law.
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1 (B) ASYLEES.—Aliens seeking asylum,

2 subject to no numerical limitation in any year.

3 As under current law, asylees may adjust to

4 permanent residence status at a rate of up to

5 10,000 each year.

6 (C) OTHER HUMANITARIAN IMMI7 GRANTS.—Other immigrants who are of special

8 humanitarian concern to the United States, up

9 to 10,000 each year.

10 (5) TRANSITION.—

11 (A) ADDITIONAL VISA NUMBERS FOR

12 SPOUSES AND MINOR, UNMARRIED CHILDREN

13 OF PERMANENT RESIDENT ALIENS.—In order

14 to reduce the current backlog for spouses and

15 minor, unmarried children of lawful permanent

16 residents, there will be an additional 50,000 im17 migrant visa numbers made available for these

18 aliens for each of 5 fiscal years, with priority

19 for spouses and children of aliens who did not

20 participate in a legalization program.

21 (B) PHASE-DOWN IN REFUGEE NUMERICAL

22 LIMITATION.—The annual numerical limitation

23 on refugees (without specific approval of Con24 gress) will be phased down to 75,000 in fiscal
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1 year 1997 and 50,000 in fiscal year 1998 and

2 thereafter.

3 Subtitle A—Worldwide Numerical

4 Limits

5 SEC. 501. WORLDWIDE NUMERICAL LIMITATION ON FAM6 ILY-SPONSORED IMMIGRANTS.

7 (a) OVERVIEW.—

8 (1) The amendment made by subsection (b)

9 provides for a worldwide level of family-sponsored

10 immigrants of 330,000 less the number of spouses

11 and children of citizens admitted in the previous

12 year.

13 (2) However, there will be no limit on spouses

14 and children of citizens nor would the number of

15 visas available to spouses and children of lawful per16 manent residents go below 85,000.

17 (3) Any excess in family immigration above

18 330,000 would come from other unused visas and, if

19 necessary, from future visa numbers.

20 (4) If there are any unused family visas, those

21 visas would be added to the spouses and children of

22 lawful permanent resident aliens.

23 (b) AMENDMENT.—Subsection (c) of section 201 (8

24 U.S.C. 1151) is amended to read as follows:
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1 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

2 IMMIGRANTS.—

3 ‘‘(1) IN GENERAL.—Subject to the succeeding

4 provisions of this subsection, the worldwide level of

5 family-sponsored immigrants under this subsection

6 (in this subsection referred to as the ‘worldwide fam7 ily level’) for a fiscal year is 330,000.

8 ‘‘(2) REDUCTION FOR SPOUSES AND CHILDREN

9 OF UNITED STATES CITIZENS AND CERTAIN OTHER

10 FAMILY-RELATED IMMIGRANTS.—The worldwide

11 family level for a fiscal year shall be reduced (but

12 not below 85,000) by the number of aliens described

13 in subsection (b)(2) who were issued immigrant

14 visas or who otherwise acquired the status of aliens

15 lawfully admitted to the United States for perma16 nent residence in the previous fiscal year.

17 ‘‘(3) FURTHER REDUCTION FOR ANY PREVIOUS

18 EXCESS FAMILY IMMIGRATION.—

19 ‘‘(A) IN GENERAL.—If there were excess

20 family admissions in a particular fiscal year (as

21 determined under subparagraph (B)) beginning

22 with fiscal year 1997, then for the following fis23 cal year the worldwide family level shall be re24 duced (but not below 85,000) by the net num-
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1 ber of excess admissions in that particular fiscal

2 year (as defined in subparagraph (C)).

3 ‘‘(B) DETERMINATION OF EXCESS FAMILY

4 ADMISSIONS.—For purposes of subparagraph

5 (A), there are excess family admissions in a fis6 cal year if—

7 ‘‘(i) the number of aliens who are is8 sued immigrant visas or who otherwise ac9 quire the status of aliens lawfully admitted

10 to the United States for permanent resi11 dence under section 203(a) or subsection

12 (b)(2) in a fiscal year, exceeds

13 ‘‘(ii) 330,000, less the carryforward

14 number of excess admissions computed for

15 the previous fiscal year (as defined in sub16 paragraph (D)).

17 For purposes of this subparagraph, immigrant

18 visa numbers issued under section 553 of the

19 Immigration in the National Interest Act of

20 1995 (relating to certain transition immigrants)

21 shall not be counted under clause (i).

22 ‘‘(C) NET NUMBER OF EXCESS ADMIS23 SIONS.—For purposes of subparagraph (A), the

24 ‘net number of excess admissions’ for a fiscal

25 year is—
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1 ‘‘(i) the excess described in subpara2 graph (B) for the fiscal year, reduced (but

3 not below zero) by

4 ‘‘(ii) the number (if any) by which (I)

5 the worldwide level under subsection (d)

6 for the previous fiscal year exceeds the

7 number of immigrants who are issued im8 migrant visas or who otherwise acquire the

9 status of aliens lawfully admitted to the

10 United States for permanent residence

11 under section 203(b) in that previous fiscal

12 year.

13 ‘‘(D) CARRYFORWARD NUMBER OF EXCESS

14 ADMISSIONS.—For purposes of subparagraph

15 (B)(ii), the carryforward number of excess ad16 missions for a particular fiscal year is the net

17 number of excess admissions for the previous

18 fiscal year (as defined in subparagraph (C)), re19 duced by the reductions effected under subpara20 graph (A) and paragraph (4) in visa numbers

21 for the particular fiscal year.

22 ‘‘(4) ADJUSTMENT IN CERTAIN EMPLOYMENT23 BASED VISA NUMBERS IN CASE OF REMAINING EX24 CESS FAMILY ADMISSIONS.—
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1 ‘‘(A) IN GENERAL.—If there is a remain2 ing excess number of family admissions (as de3 scribed in subparagraph (B)) in a fiscal year

4 (beginning with fiscal year 1997) that is great5 er than zero, then for the following fiscal year

6 there shall be reductions in immigrant visa

7 numbers made available, pursuant to subsection

8 (d) and paragraphs (3) and (4) of section

9 203(b), as follows:

‘‘(i) FIRST, ADJUSTMENT OF UP TO 1 10 ⁄2

11 OF NUMBERS IN INVESTORS.—First, the

12 number of immigrant visa numbers made

13 available under section 203(b)(4) shall be

14 reduced by the lesser of—

15 ‘‘(I) the remaining excess number

16 of family admissions (described in

17 subparagraph (B)), or

‘‘(II) 1 18 ⁄2 of the maximum number

19 of visa numbers that could (but for

20 this paragraph) otherwise be made

21 available under section 203(b)(4) in

22 such following fiscal year.

23 ‘‘(ii) THEN, ADJUSTMENT OF UP TO

1 24 ⁄2 OF NUMBERS IN PROFESSIONALS AND

25 SKILLED WORKERS.—If the remaining ex-
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1 cess number of family admissions is great2 er than the reduction in visa numbers ef3 fected under clause (i), then the number of

4 immigrant visa numbers made available

5 under section 203(b)(3) shall be reduced

6 by the lesser of—

7 ‘‘(I) the remaining excess number

8 of family admissions (described in

9 subparagraph (B)) less the reduction

10 in visa numbers effected under clause

11 (i), or

‘‘(II) 1 12 ⁄2 of the maximum number

13 of visa numbers that could (but for

14 this paragraph) otherwise be made

15 available under section 203(b)(3) in

16 such following fiscal year.

17 ‘‘(B) REMAINING EXCESS NUMBER OF

18 FAMILY ADMISSIONS DESCRIBED.—For pur19 poses of subparagraph (A), the remaining ex20 cess number of family admissions in a fiscal

21 year is the net number of excess admissions for

22 the fiscal year (as defined in paragraph (3)(C)),

23 reduced by the reduction (if any) effected under

24 paragraph (3) in visa numbers for the succeed25 ing fiscal year.’’.
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1 SEC. 502. WORLDWIDE NUMERICAL LIMITATION ON EM2 PLOYMENT-BASED IMMIGRANTS.

3 Subsection (d) of section 201 (8 U.S.C. 1151) is

4 amended to read as follows:

5 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

6 IMMIGRANTS.—The worldwide level of employment-based

7 immigrants under this subsection for a fiscal year is—

8 ‘‘(1) 135,000, minus

9 ‘‘(2) beginning with fiscal year 1998, the total

10 of the reductions (if any) in visa numbers made

11 under subsection (c)(4) for that fiscal year.’’.

12 SEC. 503. ESTABLISHMENT OF NUMERICAL LIMITATION ON

13 HUMANITARIAN IMMIGRANTS.

14 (a) IN GENERAL.—Section 201 (8 U.S.C. 1151) is

15 amended—

16 (1) in subsection (a)(3), by striking ‘‘1995, di17 versity’’ and inserting ‘‘1997, humanitarian’’, and

18 (2) by amending subsection (e) to read as fol19 lows:

20 ‘‘(e) WORLDWIDE LEVEL OF HUMANITARIAN IMMI21 GRANTS.—

22 ‘‘(1) IN GENERAL.—Subject to the succeeding

23 provisions of this subsection, the worldwide level of

24 humanitarian immigrants is equal to 70,000 for

25 each fiscal year.
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1 ‘‘(2) REDUCTION FOR HUMANITARIAN IMMI2 GRANTS WHO ARE REFUGEES OR ASYLEES.—Such

3 worldwide level for a fiscal year under paragraph (1)

4 shall be reduced by the sum of—

5 ‘‘(A) the number of aliens (not to exceed

6 50,000) who were admitted as refugees under

7 section 207 in the previous fiscal year, and

8 ‘‘(B) the number of aliens who had been

9 granted asylum whose status was adjusted in

10 the previous fiscal year under section 209(b).

11 ‘‘(3) REDUCTION FOR PRIOR YEAR CANCELLA12 TION OF REMOVAL AND REGISTRY.—Such worldwide

13 level for a fiscal year under paragraph (1) shall be

14 further reduced by the sum of—

15 ‘‘(A) the number of aliens whose removal

16 was cancelled and who were provided lawful

17 permanent resident status in the previous fiscal

18 year under section 240A, and

19 ‘‘(B) the number of aliens who were pro20 vided permanent resident status in the previous

21 fiscal year under section 249.

22 ‘‘(4) LIMITATION.—In no case shall the world23 wide level for a fiscal year under this subsection

24 (taking into account any reductions under para25 graphs (2) and (3)) exceed 10,000.’’.
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1 SEC. 504. REQUIRING CONGRESSIONAL REVIEW AND REAU2 THORIZATION OF WORLDWIDE LEVELS

3 EVERY 5 YEARS.

4 Section 201 (8 U.S.C. 1151) is amended by adding

5 at the end the following new subsection:

6 ‘‘(f) REQUIREMENT FOR PERIODIC REVIEW AND RE7 AUTHORIZATION OF WORLDWIDE LEVELS.—

8 ‘‘(1) CONGRESSIONAL REVIEW.—The Commit9 tees on the Judiciary of the House of Representa10 tives and of the Senate shall undertake during fiscal

11 year 2001 (and each fifth fiscal year thereafter) a

12 thorough review of the appropriate worldwide levels

13 of immigration to be provided under this section

14 during the 5-fiscal-year period beginning with the

15 second subsequent fiscal year.

16 ‘‘(2) CONGRESSIONAL REAUTHORIZATION.—The

17 Congress, after consideration of the reviews under

18 paragraph (1) and by law, shall specify the appro19 priate worldwide levels of immigration to be provided

20 under this section during the 5-fiscal-year period be21 ginning with the second subsequent fiscal year.

22 ‘‘(3) SUNSET IN ABSENCE OF REAUTHORIZA23 TION.—The worldwide levels specified under the pre24 vious provisions of this section are applicable only to

25 fiscal years 1997 through 2002 and admissions after

26 fiscal year 2002 that are subject to such levels are
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1 only authorized to the extent provided by amend2 ment under paragraph (2) made to this section.’’.

3 Subtitle B—Changes in Preference

4 System

5 SEC. 511. LIMITATION OF IMMEDIATE RELATIVES TO

6 SPOUSES AND CHILDREN.

7 (a) RECLASSIFICATION.—Section 201(b)(2)(A) (8

8 U.S.C. 1151(b)(2)(A)) is amended—

9 (1) in clause (i)—

10 (A) by striking ‘‘IMMEDIATE RELATIVES.—

11 ’’ and all that follows through the end of the

12 first sentence and inserting ‘‘Spouses and chil13 dren of a citizen of the United States.’’, and

14 (B) in the second sentence, by striking ‘‘an

15 immediate relative’’ and inserting ‘‘a spouse of

16 a citizen of the United States’’; and

17 (2) in clause (ii), by striking ‘‘an immediate rel18 ative’’ and inserting ‘‘a spouse of a citizen of the

19 United States’’.

20 (b) PROTECTION OF CERTAIN CHILDREN FROM

21 AGING OUT OF PREFERENCE STATUS.—

22 (1) IN GENERAL.—Section 204 (8 U.S.C. 1154)

23 is amended by adding at the end the following new

24 subsection:
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1 ‘‘(i) For purposes of applying section 101(b)(1) in the

2 case of issuance of an immigrant visa to, or admission or

3 adjustment of status of, an alien under section

4 202(b)(1)(A), section 203(a)(1), or 203(d) as a child of

5 a citizen of the United States or a permanent resident

6 alien, the age of the alien shall be determined as of the

7 date of the filing of the classification petition under sec8 tion 204(a)(1) as such a child of a citizen of the United

9 States or a permanent resident alien.’’.

10 (2) EFFECTIVE DATE.—The amendment made

11 by paragraph (1) shall apply to immigrant visas is12 sued on or after October 1, 1996, with respect to

13 aliens who are under 21 years of age as of such

14 date.

15 SEC. 512. CHANGE IN FAMILY-SPONSORED CLASSIFICA16 TION.

17 (a) IN GENERAL.—Section 203(a) (8 U.S.C.

18 1153(a)) is amended by striking paragraphs (1) through

19 (4) and inserting the following:

20 ‘‘(1) SPOUSES AND CHILDREN OF LAWFUL PER21 MANENT RESIDENT ALIENS.—Immigrants who are

22 the spouses and children of an alien lawfully admit23 ted for permanent residence shall be allocated visas

24 in a number not to exceed 85,000, plus any immi-
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1 grant visas not required for the class described in

2 paragraph (2).

3 ‘‘(2) PARENTS OF UNITED STATES CITIZENS.—

4 ‘‘(A) IN GENERAL.—Immigrants who are

5 the qualifying parents (as defined in subpara6 graph (B)) of an individual who is at least 21

7 years of age and a citizen of the United States

8 shall be allocated visas in a number not to ex9 ceed the lesser of—

10 ‘‘(i) 50,000, or

11 ‘‘(ii) the number by which the world12 wide level exceeds 85,000.

13 ‘‘(B) QUALIFICATIONS.—For purposes of

14 subparagraph (A), the term ‘qualifying parent’

15 means an immigrant with respect to whom, as

16 of the date of approval of the classification peti17 tion under section 204(a)(1), at least 50 per18 cent of the immigrant’s sons and daughters are

19 both nationals of the United States or aliens

20 lawfully admitted for permanent residence and

21 lawfully residing in the United States.

22 ‘‘(C) REFERENCE TO INSURANCE RE23 QUIREMENT.—For requirement relating to in24 surance for qualifying parents, see section

25 212(a)(5)(C).’’.
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1 (b) INSURANCE REQUIREMENT.—Section 212(a) (8

2 U.S.C. 1182(a)), as amended by section 621(a) of this

3 Act, is amended by adding at the end the following new

4 subparagraph:

5 ‘‘(C) INSURANCE REQUIREMENTS FOR

6 QUALIFYING PARENTS.—

7 ‘‘(i) IN GENERAL.—Any alien who

8 seeks admission as a qualifying parent

9 under section 203(a)(2) is inadmissible un10 less the alien demonstrates at the time of

11 issuance of the visa (and at the time of ad12 mission) to the satisfaction of the consular

13 officer and the Attorney General that the

14 alien—

15 ‘‘(I) will have coverage under an

16 adequate health insurance policy (at

17 least comparable to coverage provided

18 under the medicare program under

19 title XVIII of the Social Security

20 Act), and

21 ‘‘(II) will have coverage with re22 spect to long-term health needs (at

23 least comparable to such coverage

24 provided under the medicaid program

25 under title XIX of such Act for the
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1 State in which either the alien intends

2 to reside or in which the petitioner

3 (on behalf of the alien under section

4 204(a)(1)) resides,

5 throughout the period the alien is residing

6 in the United States.

7 ‘‘(ii) FACTORS TO BE TAKEN INTO AC8 COUNT.—In making a determination under

9 clause (i), the Attorney General shall take

10 into account the age of the qualifying par11 ent and the likelihood of the parent secur12 ing health insurance coverage through em13 ployment.

14 SEC. 513. CHANGE IN EMPLOYMENT-BASED CLASSIFICA15 TION.

16 Section 203(b) (8 U.S.C. 1153(b)) is amended by

17 striking paragraphs (1) through (5) and inserting the fol18 lowing:

19 ‘‘(1) ALIENS WITH EXTRAORDINARY ABILITY.—

20 Visas shall first be made available in a number not

21 to exceed 15,000 of such worldwide level to immi22 grants—

23 ‘‘(A) who have extraordinary ability in the

24 sciences, arts, education, business, or athletics

25 which has been demonstrated by sustained na-
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1 tional or international acclaim and whose

2 achievements have been recognized in the field

3 through sufficient documentation,

4 ‘‘(B) who seek to be admitted the United

5 States to continue work in the area of extraor6 dinary ability, and

7 ‘‘(C) the admission of whom into the Unit8 ed States will substantially benefit prospectively

9 the United States.

10 ‘‘(2) ALIENS WHO ARE MEMBERS OF THE PRO11 FESSIONS HOLDING ADVANCED DEGREES OR ALIENS

12 OF EXCEPTIONAL ABILITY.—

13 ‘‘(A) IN GENERAL.—Visas shall be made

14 available, in a number not to exceed 60,000 of

15 such worldwide level, plus any visas not re16 quired for the class specified in paragraph (1),

17 to immigrants who are aliens described in any

18 of the subparagraphs (B) or (C).

19 ‘‘(B) ALIENS WHO ARE MEMBERS OF THE

20 PROFESSIONS HOLDING ADVANCED DEGREES

21 OR ALIENS OF EXCEPTIONAL ABILITY.—

22 ‘‘(i) IN GENERAL.—An alien is de23 scribed in this subparagraph if the alien is

24 a member of the professions holding ad25 vanced degrees or their equivalent or who
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1 because of exceptional ability in the

2 sciences, arts, or business, will substan3 tially benefit prospectively the national

4 economy, cultural or educational interests,

5 or welfare of the United States, and whose

6 services in the sciences, arts, professions,

7 or business are sought by an employer in

8 the United States.

9 ‘‘(ii) DETERMINATION OF EXCEP10 TIONAL ABILITY.—In determining under

11 clause (i) whether an immigrant has excep12 tional ability, the possession of a degree,

13 diploma, certificate, or similar award from

14 a college, university, school, or other insti15 tution of learning or a license to practice

16 or certification for a particular profession

17 or occupation shall not by itself be consid18 ered sufficient evidence of such exceptional

19 ability.

20 ‘‘(iii) LABOR CERTIFICATION RE21 QUIRED IN CERTAIN CASES.—An immi22 grant visa may not be issued to an immi23 grant under this subparagraph until the

24 consular officer is in receipt of a deter25 mination made by the Secretary of Labor
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1 pursuant to the provisions of section

2 212(a)(5)(A).

3 ‘‘(C) CERTAIN MULTINATIONAL EXECU4 TIVES AND MANAGERS.—An alien is described

5 in this subparagraph if the alien, in the 3 years

6 preceding the time of the alien’s application for

7 classification and admission into the United

8 States under this subparagraph, has been em9 ployed for at least 1 year by a firm or corpora10 tion or other legal entity or an affiliate or sub11 sidiary thereof and the alien seeks to enter the

12 United States in order to continue to render

13 services to the same employer or to a subsidiary

14 or affiliate thereof in a capacity that is manage15 rial or executive.

16 ‘‘(3) SKILLED WORKERS AND PROFES17 SIONALS.—

18 ‘‘(A) IN GENERAL.—Visas shall be made

19 available, in a number not to 45,000 of such

20 worldwide level, plus any visas not required for

21 the classes specified in paragraphs (1) and (2)

22 less the reduction in visa numbers under this

23 paragraph required to be effected under section

24 201(c)(4)(A)(ii) for the fiscal year involved, to
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1 aliens described in subparagraph (B) or (C)

2 who are not described in paragraph (2).

3 ‘‘(B) SKILLED WORKERS.—An alien de4 scribed in this subparagraph is an immigrant

5 who is capable, at the time of petitioning for

6 classification under this paragraph, of perform7 ing skilled labor (requiring at least 2 years

8 training or experience), not of a temporary or

9 seasonal nature, for which qualified workers are

10 not available in the United States, who has a

11 total of 7 years of training or experience (or

12 both) with respect to such labor.

13 ‘‘(C) PROFESSIONALS.—An alien described

14 in this subparagraph is an immigrant who holds

15 a baccalaureate degree and is a member of the

16 professions and has at least 5 years of experi17 ence in the profession after the receipt of the

18 degree.

19 ‘‘(D) LABOR CERTIFICATION REQUIRED.—

20 An immigrant visa may not be issued to an im21 migrant under this paragraph until the consular

22 officer is in receipt of a determination made by

23 the Secretary of Labor pursuant to the provi24 sions of section 212(a)(5)(A).

25 ‘‘(4) INVESTORS IN JOB CREATION.—
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1 ‘‘(A) IN GENERAL.—Visas shall be made

2 available, in a number not to exceed 10,000 of

3 such worldwide level less the reduction in visa

4 numbers under this paragraph required to be

5 effected under section 201(c)(4)(A)(i) for the

6 fiscal year involved, to immigrants seeking to

7 enter the United States for the purpose of en8 gaging in a new commercial enterprise—

9 ‘‘(i) which the alien has established,

10 ‘‘(ii) in which such alien has invested

11 (after the date of the enactment of the Im12 migration Act of 1990) or, is actively in

13 the process of investing, capital in an

14 amount not less $1,000,000, and

15 ‘‘(iii) which will benefit the United

16 States economy and create full-time em17 ployment for not fewer than 10 United

18 States citizens or aliens lawfully admitted

19 for permanent residence or other immi20 grants lawfully authorized to be employed

21 in the United States (other than the immi22 grant and the immigrant’s spouse, sons, or

23 daughters).

24 ‘‘(B) PILOT PROGRAM.—For each of fiscal

25 years 1997 and 1998, up to 2,000 visas other-
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1 wise made available under this paragraph shall

2 be made available to immigrants who would be

3 described in subparagraph if ‘$500,000’ were

4 substituted for ‘$1,000,000’ in subparagraph

5 (A)(ii) and if ‘for not fewer than 5’ were sub6 stituted for ‘for not fewer than 10’ in subpara7 graph (A)(iii). By not later than April 1, 1998,

8 the Attorney General shall submit to Congress

9 a report on the operation of this subparagraph

10 and shall include in the report information de11 scribing the immigrants admitted under this

12 paragraph and the enterprises they invest in

13 and a recommendation on whether the pilot

14 program under this subparagraph should be

15 continued or modified.

16 ‘‘(5) CERTAIN SPECIAL IMMIGRANTS.—Visas

17 shall be made available, in a number not to 5,000

18 of such worldwide level, to qualified special immi19 grants described in section 101(a)(27) (other than

20 those described in subparagraph (A) or (B) thereof),

21 of which not more than 4,000 may be made available

22 in any fiscal year to special immigrants described in

23 subclause (II) or (III) of section 101(a)(27)(C)(ii).’’.
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1 SEC. 514. AUTHORIZATION TO REQUIRE PERIODIC CON2 FIRMATION OF CLASSIFICATION PETITIONS.

3 (a) IN GENERAL.—Section 204(b) (8 U.S.C.

4 1154(b)) is amended by inserting ‘‘(1)’’ after ‘‘(b)’’ and

5 by adding at the end the following new paragraph:

6 ‘‘(2)(A) The Attorney General may provide that a

7 classification petition approved with respect to an alien

8 (and the priority date established with respect to the peti9 tion) shall expire after a period (specified by the Attorney

10 General and of not less than 2 years) following the date

11 of approval of the petition, unless the petitioner files with

12 the Attorney General a form described in subparagraph

13 (B).

14 ‘‘(B) The Attorney General shall specify the form to

15 be used under this paragraph. Such form shall be de16 signed—

17 ‘‘(i) to reconfirm the continued intention of the

18 petitioner to seek admission of the alien based on

19 the classification involved, and

20 ‘‘(ii) as may be provided by the Attorney Gen21 eral, to update the contents of the original classifica22 tion petition.

23 ‘‘(C) The Attorney General may apply subparagraph

24 (A) to one or more classes of classification petitions and

25 for different periods of time for different classes of such

26 petitions, as specified by the Attorney General.’’.
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1 (b) EFFECTIVE DATE.—(1) Except as provided in

2 paragraph (2), the amendments made by subsection (a)

3 shall not apply to classification petitions filed before Octo4 ber 1, 1996.

5 (2) The Attorney General may apply such amend6 ments to such classification petitions, but only in a man7 ner so that no such petition expires under such amend8 ments before October 1, 2000.

9 SEC. 515. CHANGES IN SPECIAL IMMIGRANT STATUS.

10 (a) REPEALING CERTAIN OBSOLETE PROVISIONS.—

11 Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is amended by

12 striking subparagraphs (B), (E), (F), (G), and (H).

13 (b) SPECIAL IMMIGRANT STATUS FOR CERTAIN

14 NATO CIVILIAN EMPLOYEES.—Section 101(a)(27) (8

15 U.S.C. 1101(a)(27)) is further amended—

16 (1) by striking ‘‘or’’ at the end of subparagraph

17 (J),

18 (2) by striking the period at the end of sub19 paragraph (K) and inserting ‘‘; or’’, and

20 (3) by adding at the end the following new sub21 paragraph:

22 ‘‘(L) an immigrant who would be described in

23 clause (i), (ii), (iii), or (iv) of subparagraph (I) if

24 any reference in such a clause—
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1 ‘‘(i) to an international organization de2 scribed in paragraph (15)(G)(i) were treated as

3 a reference to the North American Treaty Or4 ganization (NATO);

5 ‘‘(ii) to a nonimmigrant under paragraph

6 (15)(G)(iv) were treated as a reference to a

7 nonimmigrant classifiable under NATO–6 (as a

8 member of a civilian component accompanying

9 a force entering in accordance with the provi10 sions of the NATO Status-of-Forces Agree11 ment, a member of a civilian component at12 tached to or employed by an Allied Head13 quarters under the ‘Protocol on the Status of

14 International Military Headquarters’ set up

15 pursuant to the North Atlantic Treaty, or as a

16 dependent); and

17 ‘‘(iii) to the Immigration Technical Correc18 tions Act of 1988 or to the Immigration and

19 Nationality Technical Corrections Act of 1994

20 were a reference to the Immigration in the Na21 tional Interest Act of 1995.’’.

22 (c) CONFORMING NONIMMIGRANT STATUS FOR CER23 TAIN PARENTS OF SPECIAL IMMIGRANT CHILDREN.—

24 Section 101(a)(15)(N) (8 U.S.C. 1101(a)(15)(N)) is

25 amended—
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1 (1) by inserting ‘‘(or under analogous authority

2 under paragraph (27)(L))’’ after ‘‘(27)(I)(i)’’, and

3 (2) by inserting ‘‘(or under analogous authority

4 under paragraph (27)(L))’’ after ‘‘(27)(I)’’.

5 (d) ADDITIONAL CONFORMING AMENDMENTS.—

6 (1) Section 201(b)(1)(A) (8 U.S.C.

7 1151(b)(1)(A)) is amended by striking ‘‘or (B)’’.

8 (2) Section 203(b)(4) (8 U.S.C. 1153(b)(4)) is

9 amended by striking ‘‘or (B)’’.

10 (3) Section 214(k)(3) (8 U.S.C. 1184(k)(3)) is

11 amended by striking ‘‘, who has not otherwise been

12 accorded status under section 101(a)(27)(H),’’.

13 (4) Section 245(c)(2) (8 U.S.C. 1255(c)(2)) is

14 amended by striking ‘‘101(a)(27)(H), (I),’’ and in15 serting ‘‘101(a)(27)(I),’’.

16 (e) EFFECTIVE DATES.—(1) Except as provided in

17 this section, the amendments made by these sections shall

18 take effect on the date of the enactment of this Act.

19 (2) The amendments made by subsection (a) shall not

20 apply to any alien with respect to whom an application

21 for special immigrant status under a subparagraph re22 pealed by such amendments has been filed by not later

23 than September 30, 1996.
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1 SEC. 516. MISCELLANEOUS CONFORMING AMENDMENTS.

2 (a) CONFORMING AMENDMENTS RELATING TO IMME3 DIATE RELATIVES.—

4 (1) Section 101(b)(1)(F) (8 U.S.C.

5 1101(b)(1)(F)) is amended by striking ‘‘as an imme6 diate relative under section 201(b)’’ and inserting

7 ‘‘as a child of a citizen of the United States’’.

8 (2) Section 204(a)(1)(A)(i) (8 U.S.C.

9 1154(a)(1)(A)(i)) is amended by striking ‘‘or to an

10 immediate relative status’’ and inserting ‘‘or status

11 as the spouse or child of a citizen of the United

12 States’’.

13 (3) Clause (iii) of section 204(a)(1)(A) is

14 amended by striking ‘‘an immediate relative status’’

15 and inserting ‘‘a spouse of a citizen of the United

16 States’’.

17 (4) Clause (iv) of section 204(a)(1)(A) is

18 amended by striking ‘‘an immediate relative status’’

19 and inserting ‘‘a child of a citizen of the United

20 States’’.

21 (5) Section 204(b) (8 U.S.C. 1154(b)) is

22 amended by striking ‘‘an immediate relative speci23 fied in section 201(b)’’ and inserting ‘‘a spouse or

24 child of a citizen of the United States under section

25 201(b)’’.
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1 (6) Section 204(c) (8 U.S.C. 1154(c)) is

2 amended by striking ‘‘an immediate relative or pref3 erence’’ and inserting ‘‘a preferential’’.

4 (7) Section 204(e) (8 U.S.C. 1154(e)) is

5 amended—

6 (A) by striking ‘‘an immediate relative’’

7 and inserting ‘‘a spouse or child of a citizen of

8 the United States’’, and

9 (B) by striking ‘‘his’’ and ‘‘he’’ and insert10 ing ‘‘the alien’s’’ and ‘‘the alien’’, respectively.

11 (8) Section 204(g) (8 U.S.C. 1154(g)) is

12 amended by striking ‘‘immediate relative status’’

13 and inserting ‘‘status as a spouse or child of a citi14 zen of the United States or other’’.

15 (9) Section 212(a)(6)(E)(ii) (8 U.S.C.

16 1182(a)(6)(E)(ii)) is amended by striking ‘‘an imme17 diate relative’’ and inserting ‘‘a spouse, child, or par18 ent of a citizen of the United States’’.

19 (10) Section 212(d)(11) (8 U.S.C. 1182(d)(11))

20 is amended by striking ‘‘an immediate relative’’ and

21 inserting ‘‘a spouse or child of a citizen of the Unit22 ed States’’.

23 (11) Section 216(g)(1)(A) (8 U.S.C.

24 1186a(g)(1)(A)) is amended by striking ‘‘an imme25 diate relative (described in section 201(b)) as the
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1 spouse of a citizen of the United States’’ and insert2 ing ‘‘as the spouse of a citizen of the United States

3 (described in section 201(b))’’.

4 (12) Section 221(a) (8 U.S.C. 1201(a)) is

5 amended by striking ‘‘, immediate relative,’’.

6 (13)(A) Section 224 (8 U.S.C. 1204) is amend7 ed—

8 (i) by amending the heading to read as fol9 lows:

10 ‘‘VISAS FOR SPOUSES AND CHILDREN OF CITIZENS AND

11 SPECIAL IMMIGRANTS’’,

12 (ii) by striking ‘‘immediate relative’’ the

13 first place it appears and inserting ‘‘a spouse or

14 child of a citizen of the United States’’, and

15 (iii) by striking ‘‘immediate relative sta16 tus’’ and inserting ‘‘status of a spouse or child

17 of a citizen of the United States’’.

18 (B) The item in the table of contents relating

19 to section 224 is amended to read as follows:

‘‘Sec. 224. Visas for spouses and children of citizens and special immigrants.’’.

20 (14) Subsection (a)(1)(E)(ii) of section 241 (8

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

22 section 305(2), is amended by striking ‘‘an imme23 diate relative’’ and inserting ‘‘a spouse, child, or par24 ent of a citizen of the United States under section

25 201(b) or 203(a)(2)’’.
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1 (15) Section 245(c) (8 U.S.C. 1255(c)) is

2 amended by striking ‘‘an immediate relative as de3 fined in section 201(b)’’ and inserting ‘‘a spouse or

4 child of a citizen of the United States under section

5 201(b) or a parent of a citizen under section

6 203(a)(2)’’ each place it appears.

7 (16) Section 291 (8 U.S.C. 1361) is amended

8 by striking ‘‘immigrant, special immigrant, imme9 diate relative’’ and inserting ‘‘immigrant status, spe10 cial immigrant status, status as a spouse or child of

11 a citizen of the United States’’.

12 (17) Section 401 of the Immigration Reform

13 and Control Act of 1986 is amended by striking

14 ‘‘immediate relatives’’ and inserting ‘‘spouses and

15 children of citizens’’.

16 (b) CONFORMING AMENDMENTS FOR FAMILY-SPON17 SORED IMMIGRANTS.—

18 (1) PETITIONING REQUIREMENTS.—

19 (A) Section 204(a)(1) (8 U.S.C.

20 1154(a)(1)) is amended—

21 (i) in subparagraph (A)(i), by striking

22 ‘‘paragraph (1), (3), or (4) of section

23 203(a) or to an immediate relative status’’

24 and inserting ‘‘section 203(a)(2) or to sta25 tus as the spouse or child of a citizen’’,
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1 (ii) in subparagraph (A)(iii), by strik2 ing ‘‘as an immediate relative’’ and insert3 ing ‘‘as the spouse of a citizen of the Unit4 ed States’’, and

5 (iii) in subparagraph (A)(iv), by strik6 ing ‘‘as an immediate relative’’ and insert7 ing ‘‘as a child of a citizen of the United

8 States’’, and

9 (iv) in clauses (ii) and (iii) of sub10 paragraph (B), by striking ‘‘203(a)(2)(A)’’

11 and inserting ‘‘203(a)(1)’’.

12 (B) Section 204(e) (8 U.S.C. 1154(e)) is

13 amended by striking ‘‘(a), (b), or (c)’’ and in14 serting ‘‘(a) or (b)’’.

15 (C) Section 204(f) (8 U.S.C. 1154(f)) is

16 amended by striking ‘‘, 203(a)(1), or

17 203(a)(3)’’ and inserting ‘‘or 203(a)(2)’’.

18 (2) APPLICATION OF PER COUNTRY LEVELS.—

19 Section 202 (8 U.S.C. 1152) is amended—

20 (A) by amending paragraph (4) of sub21 section (a) to read as follows:

22 ‘‘(4) SPECIAL RULES FOR SPOUSES AND CHIL23 DREN OF LAWFUL PERMANENT RESIDENT ALIENS.—

24 ‘‘(A) 75 PERCENT OF 1ST PREFERENCE

25 NOT SUBJECT TO PER COUNTRY LIMITATION.—
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1 Of the visa numbers made available under sec2 tion 203(a) to immigrants described in para3 graph (1) of that section in any fiscal year,

4 63,750 shall be issued without regard to the

5 numerical limitation under paragraph (2).

6 ‘‘(B) LIMITING PASS DOWN FOR CERTAIN

7 COUNTRIES SUBJECT TO SUBSECTION (e).—In

8 the case of a foreign state or dependent area to

9 which subsection (e) applies, if the total number

10 of visas issued under section 203(a)(1) exceeds

11 the maximum number of visas that may be

12 made available to immigrants of the state or

13 area under such section consistent with sub14 section (e) (determined without regard to this

15 paragraph), in applying paragraph (2) of sec16 tion 203(a) under subsection (e)(2) all visas

17 shall be deemed to have been required for the

18 classes specified in paragraph (1) of such sec19 tion.’’; and

20 (B) in subsection (e)—

21 (i) in paragraph (1), by inserting be22 fore the semicolon the following: ‘‘(deter23 mined without regard to subsections (c)(4)

24 and (d)(2) of section 201)’’,
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1 (ii) in paragraph (2), by striking

2 ‘‘paragraphs (1) through (4)’’ and insert3 ing ‘‘paragraphs (1) and (2)’’, and

4 (iii) in the last sentence, by striking

5 ‘‘203(a)(2)(A)’’ and inserting ‘‘203(a)(1)’’.

6 (3) ADDITIONAL CONFORMING AMENDMENTS.—

7 (A) Section 203(d) (8 U.S.C. 1153(d)) is

8 amended by striking ‘‘(a)’’ and inserting

9 ‘‘(a)(2)’’.

10 (B) Section 212(a)(6)(E)(ii) (8 U.S.C.

11 1182(a)(6)(E)(ii)) is amended by striking

12 ‘‘203(a)(2)’’ and inserting ‘‘203(a)(1)’’.

13 (C) Section 212(d)(11) (8 U.S.C.

14 1182(d)(11)) is amended by striking ‘‘(other

15 than paragraph (4) thereof)’’.

16 (D) Section 216(g)(1)(C) (8 U.S.C.

17 1186a(g)(1)(C)) is amended by striking

18 ‘‘203(a)(2)’’ and inserting ‘‘203(a)(1)’’.

19 (E) Section 241(a)(1)(E)(ii) (8 U.S.C.

20 1251(a)(1)(E)(ii)) is amended by striking

21 ‘‘203(a)(2)’’ and inserting ‘‘203(a)(1)’’.

22 (F) Section §2(c) of the Virgin Islands

23 Nonimmigrant Alien Adjustment Act of 1982

24 (Public Law 97–271) is amended—
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1 (i) in paragraph (2), by inserting ‘‘or

2 first family preference petitions’’ after

3 ‘‘second preference petitions’’;

4 (ii) in paragraph (3)(A), by striking

5 ‘‘or’’ at the end;

6 (iii) in paragraph (3)(B), by striking

7 the period at the end and inserting ‘‘,

8 and’’;

9 (iv) by adding at the end of para10 graph (3) the following new subparagraph:

11 ‘‘(C) by virtue of a first family preference peti12 tion filed by an individual who was admitted to the

13 United States as an immigrant by virtue of a second

14 family preference petition filed by the son or daugh15 ter of the individual, if that son or daughter had his

16 or her status adjusted under this section.’’; and

17 (v) in paragraph (4), by striking ‘‘on

18 or after such date).’’ and inserting ‘‘on or

19 after such date and before October 1,

20 1996). For purposes of this subsection, the

21 terms ‘first family preference petition’ and

22 ‘second family preference petition’ mean,

23 in the case of an alien, a petition filed

24 under section 204(a) of the Act to grant

25 preference status to the alien by reason of
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1 the relationship described in section

2 203(a)(1) or 203(a)(2), respectively (as in

3 effect on and after October 1, 1996).’’.

4 (c) CONFORMING AMENDMENTS RELATING TO EM5 PLOYMENT-BASED IMMIGRANTS.—

6 (1) TREATMENT OF SPECIAL K IMMIGRANTS.—

7 Section 203(b)(6)(B) (8 U.S.C. 1153(b)(6)(B)) is

8 amended—

9 (A) in clause (i), by striking ‘‘reduced by

1 10 ⁄3’’ and inserting ‘‘reduced by the same propor11 tion as the proportion (of the visa numbers

12 made available under all such paragraphs) that

13 were made available under each respective para14 graph’’, and

15 (B) in clause (iii), by striking ‘‘reduced by

1 16 ⁄3’’ and inserting ‘‘reduced by the same propor17 tion as the proportion (of the visa numbers

18 made available under all such paragraphs to na19 tives of the foreign state) that were made avail20 able under each respective paragraph to such

21 natives’’.

22 (2) CONFORMING AMENDMENTS RELATING TO

23 PETITIONING RIGHTS.—Section 204(a)(1) (8 U.S.C.

24 1154(a)(1)) is amended—
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1 (A) in subparagraph (C), by striking

2 ‘‘203(b)(1)(A)’’ and inserting ‘‘203(b)(1)’’;

3 (B) in subparagraph (D), by striking ‘‘sec4 tion 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or

5 203(b)(3)’’ and inserting ‘‘section 203(b)(2) or

6 203(b)(3)’’;

7 (C) in subparagraph (E)(i), by striking

8 ‘‘203(b)(4)’’ and inserting ‘‘203(b)(5)’’;

9 (D) in subparagraph (F), by striking

10 ‘‘203(b)(5)’’ and inserting ‘‘203(b)(4)’’; and

11 (E) by redesignating subparagraphs (E)

12 and (F) as subparagraphs (F) and (E), respec13 tively, and by moving subparagraph (E) (as so

14 redesignated) to precede subparagraph (F) (as

15 so redesignated).

16 (3) GROUND FOR INADMISSIBILITY.—Section

17 212(a)(5)(C) (8 U.S.C. 1182(a)(5)(C)) is amended

18 by striking ‘‘(2)’’ and inserting ‘‘(2)(B)’’.

19 (4) OTHER CONFORMING AMENDMENTS.—

20 (A) Subsections (b)(1)(C) and (f)(1) of

21 section 216A (8 U.S.C. 1186b) are each

22 amended by striking ‘‘203(b)(5)’’ and inserting

23 ‘‘203(b)(4)’’.

24 (B) Section 245(j)(3) (8 U.S.C.

25 1255(j)(3)), as added by section 130003(c)(1)
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1 Violent Crime Control and Law Enforcement

2 Act of 1994 (Public Law 103–322) and as re3 designated by section 814(a)(5)(A) of this Act,

4 is amended by striking ‘‘203(b)(4)’’ and insert5 ing ‘‘203(b)(5)’’.

6 (C) Section 154(b)(1)(B)(i) of the Immi7 gration Act of 1990 is amended by striking

8 ‘‘1991)’’ and inserting ‘‘1991, and before Octo9 ber 1, 1996) or under section 203(a),

10 203(b)(1), or 203(b)(2)(C) (as in effect on and

11 after October 1, 1996)’’.

12 (D) Section 206(a) of the Immigration Act

13 of 1990 is amended by striking ‘‘203(b)(1)(C)’’

14 and inserting ‘‘203(b)(2)(C)’’.

15 (E) Section 610 of Public Law 102–395 is

16 amended—

17 (i) in subsection (a), by striking ‘‘sec18 tion 203(b)(5) of the Immigration and Na19 tionality Act (8 U.S.C. 1153(b)(5))’’ and

20 inserting ‘‘section 203(b)(4) of the Immi21 gration and Nationality Act (8 U.S.C.

22 1153(b)(4))’’,

23 (ii) in subsection (b), by striking ‘‘sec24 tion 203(b)(5)’’ and inserting ‘‘section

25 203(b)(4)’’, and
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1 (iii) in subsection (c), by striking

2 ‘‘203(b)(5)(A)(iii)’’ and inserting

3 ‘‘203(b)(4)(A)(iii)’’.

4 (F) Section 2(d)(2) of the Chinese Student

5 Protection Act of 1992 (Public Law 102–404)

6 is amended—

7 (i) in subparagraph (A), by striking

8 ‘‘203(b)(3)(A)(i)’’ and inserting

9 ‘‘203(b)(3)(B)’’, and

10 (ii) in subparagraph (B), by striking

11 ‘‘203(b)(5)’’ and inserting ‘‘203(b)(4)’’.

12 (G) The Soviet Scientists Immigration Act

13 of 1992 (Public Law 102–509) is amended—

14 (i) in sections 3 and 4(a), by striking

15 ‘‘203(b)(2)(A) of the Immigration and Na16 tionality Act (8 U.S.C. 1153(b)(2)(A))’’

17 and inserting ‘‘203(b)(2)(B)(i) of the Im18 migration and Nationality Act (8 U.S.C.

19 1153(b)(2)(B)(i))’’, and

20 (ii) in section 4(c), by striking

21 ‘‘203(b)(2)(A) of the Immigration and Na22 tionality Act (8 U.S.C. 1153(b)(2)(A))’’

23 and inserting ‘‘203(b)(2)(B) of the Immi24 gration and Nationality Act (8 U.S.C.

25 1153(b)(2)(B))’’.
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1 (e) REPEAL OF CERTAIN OUTDATED PROVISIONS.—

2 The following provisions of law are repealed:

3 (1) Section 9 of Public Law 94–571 (90 Stat.

4 2707).

5 (2) Section 19 of Public Law 97-117 (95 Stat.

6 1621).

7 Subtitle C—Refugees, Asylees, Pa8 role, and Humanitarian Admis9 sions

10 SEC. 521. CHANGES IN REFUGEE ANNUAL ADMISSIONS.

11 (a) IN GENERAL.—Paragraphs (1) and (2) of section

12 207(a) (8 U.S.C. 1157(a)) are amended to read as follows:

13 ‘‘(1) Except as provided in paragraph (2) and sub14 section (b), the number of refugees who may be admitted

15 under this section in any fiscal year shall be such number

16 as the President determines, before the beginning of the

17 fiscal year and after appropriate consultation, is justified

18 by humanitarian concerns or is otherwise in the national

19 interest.

20 ‘‘(2)(A) Except as provided in subparagraph (B), the

21 number determined under paragraph (1) for a fiscal year

22 may not exceed—

23 ‘‘(i) 75,000 in the case of fiscal year 1997, or

24 ‘‘(ii) 50,000 in the case of any succeeding fiscal

25 year.
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1 ‘‘(B) The number determined under paragraph (1)

2 for a fiscal year may exceed the limit specified under sub3 paragraph (A) if Congress enacts a law providing for a

4 higher number.’’.

5 (b) EFFECTIVE DATE.—The amendment made by

6 subsection (a) shall apply beginning with fiscal year 1997.

7 SEC. 522. FIXING NUMERICAL ADJUSTMENTS FOR ASYLEES

8 AT 10,000 EACH YEAR.

9 (a) IN GENERAL.—Section 209(b) (8 U.S.C.

10 1159(b)) of such Act is amended by striking ‘‘Not more

11 than’’ and all that follows through ‘‘who—’’ and inserting

12 the following: ‘‘The Attorney General, in the Attorney

13 General’s discretion and under such regulations as the At14 torney General may prescribe, and in a number not to ex15 ceed 10,000 aliens in any fiscal year, may adjust to the

16 status of an alien lawfully admitted for permanent resi17 dence of any alien granted asylum who—’’.

18 (b) CONFORMING AMENDMENT.—Section 207(a) (8

19 U.S.C. 1157(a)) is amended by striking paragraph (4).

20 (c) EFFECTIVE DATE.—The amendments made by

21 this section shall take effect on October 1, 1996.

22 SEC. 523. INCREASED RESOURCES FOR REDUCING ASYLUM

23 APPLICATION BACKLOGS.

24 (a) AUTHORIZATION OF TEMPORARY EMPLOYMENT

25 OF CERTAIN ANNUITANTS AND RETIREES.—
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1 (1) IN GENERAL.—For the purpose of perform2 ing duties in connection adjudicating applications for

3 asylum pending as of the date of the enactment of

4 this Act, the Attorney General may employ for a pe5 riod not to exceed 24 months (beginning 3 months

6 after the date of the enactment of this Act) not

7 more than 300 individuals (at any one time) who, by

8 reason of separation from service on or before Janu9 ary 1, 1995, are receiving—

10 (A) annuities under the provisions of sub11 chapter III of chapter 83 of title 5, United

12 States Code, or chapter 84 of such title;

13 (B) annuities under any other retirement

14 system for employees of the Federal Govern15 ment; or

16 (C) retired or retainer pay as retired offi17 cers of regular components of the uniformed

18 services.

19 (2) NO REDUCTION IN ANNUITY OR RETIRE20 MENT PAY OR REDETERMINATION OF PAY DURING

21 TEMPORARY EMPLOYMENT.—

22 (A) RETIREES UNDER CIVIL SERVICE RE23 TIREMENT SYSTEM AND FEDERAL EMPLOYEES’

24 RETIREMENT SYSTEM.—In the case of an indi25 vidual employed under paragraph (1) who is re-
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1 ceiving an annuity described in paragraph

2 (1)(A)—

3 (i) such individual’s annuity shall con4 tinue during the employment under para5 graph (1) and shall not be increased as a

6 result of service performed during that em7 ployment;

8 (ii) retirement deductions shall not be

9 withheld from such individual’s pay; and

10 (iii) such individual’s pay shall not be

11 subject to any deduction based on the por12 tion of such individual’s annuity which is

13 allocable to the period of employment.

14 (B) OTHER FEDERAL RETIREES.—The

15 President shall apply the provisions of subpara16 graph (A) to individuals who are receiving an

17 annuity described in paragraph (1)(B) and who

18 are employed under paragraph (1) in the same

19 manner and to the same extent as such provi20 sions apply to individuals who are receiving an

21 annuity described in paragraph (1)(A) and who

22 are employed under paragraph (1).

23 (C) RETIRED OFFICERS OF THE UNIFORM

24 SERVICES.—The retired or retainer pay of a re25 tired officer of a regular component of a uni-
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1 formed service shall not be reduced under sec2 tion 5532 of title 5, United States Code, by

3 reason of temporary employment authorized

4 under paragraph (1).

5 (b) PROCEDURES FOR PROPERTY ACQUISITION ON

6 LEASING.—Notwithstanding the Federal Property and

7 Administrative Services Act of 1949 (40 U.S.C. 471 et

8 seq.), the Attorney General is authorized to expend out

9 of funds made available to the Department of Justice for

10 the administration of the Immigration and Nationality Act

11 such amounts as may be necessary for the leasing or ac12 quisition of property to carry out the purpose described

13 in subsection (a)(1).

14 SEC. 524. PAROLE AVAILABLE ONLY ON A CASE-BY-CASE

15 BASIS FOR HUMANITARIAN REASONS OR SIG16 NIFICANT PUBLIC BENEFIT.

17 (a) IN GENERAL.—Paragraph (5) of section 212(d)

18 (8 U.S.C. 1182(d)) is amended to read as follows:

19 ‘‘(5) HUMANITARIAN AND PUBLIC INTEREST PA20 ROLE.—

21 ‘‘(A) IN GENERAL.—Subject to the provisions of

22 this paragraph and section 214(f)(2), the Attorney

23 General, in the sole discretion of the Attorney Gen24 eral, may on a case-by-case basis parole an alien into
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1 the United States temporarily, under such conditions

2 as the Attorney General may prescribe, only—

3 ‘‘(i) for an urgent humanitarian reason (as

4 described under subparagraph (B)); or

5 ‘‘(ii) for a reason deemed strictly in the

6 public interest (as described under subpara7 graph (C)).

8 ‘‘(B) HUMANITARIAN PAROLE.—The Attorney

9 General may parole an alien based on an urgent hu10 manitarian reason described in this subparagraph

11 only if—

12 ‘‘(i) the alien has a medical emergency and

13 the alien cannot obtain necessary treatment in

14 the foreign state in which the alien is residing

15 or the medical emergency is life-threatening and

16 there is insufficient time for the alien to be ad17 mitted through the normal visa process;

18 ‘‘(ii) the alien is needed in the United

19 States in order to donate an organ or other tis20 sue for transplant into a close family member;

21 or

22 ‘‘(iii) the alien has a close family member

23 in the United States whose death is imminent

24 and the alien could not arrive in the United

25 States in time to see such family member alive
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1 if the alien were to be admitted through the

2 normal visa process.

3 ‘‘(C) PUBLIC INTEREST PAROLE.—The Attor4 ney General may parole an alien based on a reason

5 deemed strictly in the public interest described in

6 this subparagraph only if the alien has assisted the

7 United States Government in a matter, such as a

8 criminal investigation, espionage, or other similar

9 law enforcement activity, and either the alien’s pres10 ence in the United States is required by the Govern11 ment or the alien’s life would be threatened if the

12 alien were not permitted to come to the United

13 States.

14 ‘‘(D) LIMITATION ON THE USE OF PAROLE AU15 THORITY.—The Attorney General may not use the

16 parole authority under this paragraph to permit to

17 come to the United States aliens who have applied

18 for and have been found to be ineligible for refugee

19 status or any alien to whom the provisions of this

20 paragraph do not apply.

21 ‘‘(E) PAROLE NOT AN ADMISSION.—Parole of

22 an alien under this paragraph shall not be consid23 ered an admission of the alien into the United

24 States. When the purposes of the parole of an alien

25 have been served, as determined by the Attorney
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1 General, the alien shall immediately return or be re2 turned to the custody from which the alien was pa3 roled and the alien shall be considered for admission

4 to the United States on the same basis as other

5 similarly situated applicants for admission.

6 ‘‘(F) REPORT TO CONGRESS.—Not later than

7 90 days after the end of each fiscal year, the Attor8 ney General shall submit a report to the Committees

9 on the Judiciary of the House of Representatives

10 and the Senate describing the number and cat11 egories of aliens paroled into the United States

12 under this paragraph. Each such report shall con13 tain information and data concerning the number

14 and categories of aliens paroled, the duration of pa15 role, and the current status of aliens paroled during

16 the preceding fiscal year.’’.

17 (b) EFFECTIVE DATE.—The amendments made by

18 subsection (a) shall take effect on the first day of the first

19 month beginning more than 60 days after the date of the

20 enactment of this Act.

21 SEC. 525. ADMISSION OF HUMANITARIAN IMMIGRANTS.

22 (a) IN GENERAL.—Subsection (c) of section 203 (8

23 U.S.C. 1153) is amended to read as follows:

24 ‘‘(c) HUMANITARIAN IMMIGRANTS.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), aliens subject to the worldwide level speci3 fied in section 201(e) for humanitarian immigrants

4 shall be allotted to immigrants who have been se5 lected by the Attorney General, under paragraph

6 (2), as of special humanitarian concern to the

7 United States.

8 ‘‘(2) SELECTION OF IMMIGRANTS.—

9 ‘‘(A) IN GENERAL.—The Attorney General

10 shall, on a case-by-case basis and based on hu11 manitarian concerns and the public interest, se12 lect aliens for purposes of this subsection.

13 ‘‘(B) RESTRICTION.—The Attorney Gen14 eral may not select an alien under this para15 graph if the alien is a refugee (within the mean16 ing of section 101(a)(42)) unless the Attorney

17 General determines that compelling reasons in

18 the public interest with respect to that particu19 lar alien require that the alien be admitted into

20 the United States as a humanitarian immigrant

21 under this subsection rather than as a refugee

22 under section 207.

23 ‘‘(3) ANNUAL REPORT.—Not later than 90 days

24 after the end of each fiscal year, the Attorney Gen25 eral shall submit to the Committees on the Judiciary
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1 of the House of Representatives and of the Senate

2 a report describing the number of immigrant visas

3 issued under this subsection and the individuals to

4 whom the visas were issued.’’.

5 (b) PETITIONING.—Subparagraph (G) of section

6 204(a)(1) (8 U.S.C. 1154(a)(1)) is amended to read as

7 follows:

8 ‘‘(G) Any alien desiring to be provided an immigrant

9 visa under section 203(c) may file a petition with the At10 torney General for such classification, but only if the At11 torney General has identified the alien as possibly qualify12 ing for such a visa.’’.

13 (c) ORDER OF CONSIDERATION.—Section 203 (8

14 U.S.C. 1153) is amended—

15 (1) by amending paragraph (2) of subsection

16 (e) to read as follows:

17 ‘‘(2) Immigrant visa numbers made available under

18 subsection (c) (relating to humanitarian immigrants) shall

19 be issued to eligible immigrants in an order specified by

20 the Attorney General.’’, and

21 (2) in subsection (g), by striking ‘‘(a), (b), and

22 (c)’’ and inserting ‘‘(a) and (b)’’.

23 (d) APPLICATION OF PER COUNTRY NUMERICAL LIMI24 TATIONS.—Section 202(a) (8 U.S.C. 1152(a)) is amended

25 by adding at the end the following new paragraph:
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1 ‘‘(5) PER COUNTRY LEVELS FOR HUMANI2 TARIAN IMMIGRANTS.—The total number of immi3 grant visas made available to natives of any single

4 foreign state or dependent area under section 203(c)

5 in any fiscal year may not exceed 50 percent (in the

6 case of a single foreign state) or 15 percent (in the

7 case of a dependent area) of the total number of

8 such visas made available under such subsection in

9 that fiscal year.’’.

10 (e) WAIVER OF CERTAIN GROUNDS OF INADMIS11 SIBILITY.—Section 212(a) (8 U.S.C. 1182(a)) is amend12 ed—

13 (1) in paragraph (4), as amended by section

14 621, by adding at the end the following new sub15 paragraph:

16 ‘‘(C) WAIVER AUTHORIZED FOR HUMANI17 TARIAN IMMIGRANTS.—The Attorney General,

18 in the discretion of the Attorney General, may

19 waive the ground of inadmissibility under sub20 paragraph (A) in the case of an alien seeking

21 admission as a humanitarian immigrant under

22 section 203(c).’’;

23 (2) in paragraph (5)(C), by inserting before the

24 period at the end the following: ‘‘, and shall not
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1 apply to immigrants seeking admissions as humani2 tarian immigrants under section 203(c)’’; and

3 (3) in paragraph (7)(A), by redesignating

4 clause (ii) as clause (iii) and by inserting after

5 clause (i) the following new clause:

6 ‘‘(ii) WAIVER AUTHORIZED FOR HU7 MANITARIAN IMMIGRANTS.—The Attorney

8 General, in the discretion of the Attorney

9 General, may waive the ground of inadmis10 sibility under clause (i) in the case of an

11 alien seeking admission as a humanitarian

12 immigrant under section 203(c).’’.

13 (f) CONFORMING AMENDMENTS RELATING TO

14 ELIMINATION OF DIVERSITY PROGRAM.—

15 (1) Section 141(c) of the Immigration Act of

16 1990 is amended by striking paragraph (2).

17 (2) Section 204(b)(1) of Immigration Act of

18 1990 is amended by inserting ‘‘, as in effect before

19 fiscal year 1996’’ after ‘‘Immigration and National20 ity Act’’.

21 Subtitle D—General Effective Date;

22 Transition Provisions

23 SEC. 551. GENERAL EFFECTIVE DATE.

24 (a) IN GENERAL.—Except as otherwise provided in

25 subsection (b) or in this title, this title and the amend-
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1 ments made by this title shall take effect on October 1,

2 1996, and shall apply beginning with fiscal year 1997.

3 (b) PROVISIONS TAKING EFFECT UPON ENACT4 MENT.—Sections 523 and 554 shall take effect on the date

5 of the enactment of this Act.

6 SEC. 552. GENERAL TRANSITION FOR CURRENT CLASSI7 FICATION PETITIONS.

8 (a) FAMILY-SPONSORED IMMIGRANTS.—

9 (1) IMMEDIATE RELATIVES.—Any petition filed

10 under section 204(a) of the Immigration and Na11 tionality Act before October 1, 1996, for immediate

12 relative status under section 201(b)(2)(A) of such

13 Act (as in effect before such date) as a spouse or

14 child of a United States citizen or as a parent of a

15 United States citizen shall be deemed, as of such

16 date, to be a petition filed under such section for

17 status under section 201(b)(2)(A) (as such a spouse

18 or child) or under section 203(a)(2), respectively, of

19 such Act (as amended by this title).

20 (2) SPOUSES AND CHILDREN OF PERMANENT

21 RESIDENTS.—Any petition filed under section 204(a)

22 of the Immigration and Nationality Act before Octo23 ber 1, 1996, for preference status under section

24 203(a)(2) of such Act as a spouse or child of an

25 alien lawfully admitted for permanent residence shall
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1 be deemed, as of such date, to be a petition filed

2 under such section for preference status under sec3 tion 203(a)(1) of such Act (as amended by this

4 title).

5 (b) EMPLOYMENT-BASED IMMIGRANTS.—

6 (1) IN GENERAL.—Subject to paragraph (2),

7 any petition filed before October 1, 1996, and ap8 proved on any date, to accord status under section

9 203(b)(1)(A), 203(b)(1)(B), 203(b)(1)(C),

10 203(b)(2), 203(b)(3)(A)(i), 203(b)(3)(A)(ii),

11 203(b)(4), or 203(b)(5) of the Immigration and Na12 tionality Act (as in effect before such date) shall be

13 deemed, on and after October 1, 1996 (or, if later,

14 the date of such approval), to be a petition approved

15 to accord status under section 203(b)(1),

16 203(b)(2)(B), 203(b)(2)(C), 203(b)(2)(B),

17 203(b)(3)(B), 203(b)(3)(C), 203(b)(5), or 203(b)(4),

18 respectively, of such Act (as in effect on and after

19 such date). Nothing in this paragraph shall be con20 strued as exempting the beneficiaries of such peti21 tions from the numerical limitations under section

22 203(b) of such Act.

23 (2) TIME LIMITATION.—Paragraph (1) shall

24 not apply more than two years after the date the
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1 priority date for issuance of a visa on the basis of

2 such a petition has been reached.

3 (c) ADMISSIBILITY STANDARDS.—When an immi4 grant, in possession of an unexpired immigrant visa issued

5 before October 1, 1996, makes application for admission,

6 the immigrant’s admissibility under paragraph (7)(A) of

7 section 212(a) of the Immigration and Nationality Act

8 shall be determined under the provisions of law in effect

9 on the date of the issuance of such visa.

10 (d) CONSTRUCTION.—Nothing in this title shall be

11 construed as affecting the provisions of section 19 of Pub12 lic Law 97–116, section 2(c)(1) of Public Law 97–271,

13 or section 202(e) of Public Law 99–603.

14 SEC. 553. SPECIAL TRANSITION FOR CERTAIN BACK15 LOGGED SPOUSES AND CHILDREN OF LAW16 FUL PERMANENT RESIDENT ALIENS.

17 (a) IN GENERAL.—In addition to any immigrant visa

18 numbers otherwise available, 50,000 immigrant visa num19 bers shall be made available in each of fiscal years 1997

20 through 2001 for aliens who have petitions approved for

21 classification under section 203(a)(1) of the Immigration

22 and Nationality Act (as amended by this title) for the fis23 cal year.

24 (b) ORDER.—(1) Subject to paragraph (2), visa num25 bers under this section shall be made available in the order
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1 in which a petition, in behalf of each such immigrant for

2 classification under section 203(a)(1) of the Immigration

3 and Nationality Act, is filed with the Attorney General

4 under section 204 of such Act.

5 (2) Visa numbers shall first be made available to

6 aliens for whom the petitioning alien did not become an

7 alien lawfully admitted for permanent residence through

8 the operation of section 210 or 245A of the Immigration

9 and Nationality Act.

10 (3) The per country numerical limitations of section

11 202 of such Act shall not apply with respect to visa num12 bers made available under this section.

13 (c) REPORT.—The Attorney General shall submit to

14 Congress, by April 1, 2001, a report on the operation of

15 this section and the extent to which this section will, by

16 October 1, 2001, have resulted in visa numbers being

17 available to immigrants described in paragraphs (1) and

18 (2) of subsection (b) being available on a current basis.

19 SEC. 554. SPECIAL TREATMENT OF CERTAIN DISADVAN20 TAGED FAMILY FIRST PREFERENCE IMMI21 GRANTS.

22 (a) DISREGARD OF PER COUNTRY LIMITS FOR LAST

23 HALF OF FISCAL YEAR 1996.—The per country numeri24 cal limitations specified in section 202(a) of the Immigra25 tion and Nationality Act shall not apply to immigrant
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1 numbers made available under section 203(a)(1) of such

2 Act (as in effect on the date of the enactment of this Act)

3 on or after April 1, 1996, but only to the extent necessary

4 to assure that the priority date for aliens classified under

5 such section who are nationals of a country is not earlier

6 than the priority date for aliens classified under section

7 203(a)(2)(B) of such Act for aliens who are nationals of

8 that country.

9 (b) ADDITIONAL VISA NUMBERS POTENTIALLY

10 AVAILABLE TO ASSURE EQUITABLE TREATMENT FOR

11 UNMARRIED SONS AND DAUGHTERS OF UNITED STATES

12 CITIZENS.—

13 (1) IN GENERAL.—In addition to any immi14 grant visa otherwise available, immigrant visa num15 bers shall be made available during fiscal year 1997

16 for disadvantaged family first preference aliens (as

17 defined in paragraph (2)) and for spouses and chil18 dren of such aliens who would otherwise be eligible

19 to immigrant status under section 203(d) of the Im20 migration and Nationality Act in relation to such

21 aliens if the aliens remained entitled to immigrant

22 status under section 203(a) of such Act.

23 (2) DISADVANTAGED FAMILY FIRST PREF24 ERENCE ALIEN DEFINED.—In this subsection, the
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1 term ‘‘disadvantaged family first preference alien’’

2 means an alien—

3 (A) with respect to whom a petition for

4 classification under section 203(a)(1) of the Im5 migration and Nationality Act (as in effect on

6 the date of the enactment of this Act) was ap7 proved as of September 30, 1996, and

8 (B) whose priority date, as of September 30,

9 1996, under such classification was earlier than the

10 priority date as of such date for aliens of the same

11 nationality with respect to whom a petition for clas12 sification under section 203(a)(2)(B) of such Act (as

13 in effect on such date) had been approved.

14 (3) DISREGARD OF PER COUNTRY NUMERICAL

15 LIMITATIONS.—Additional visa numbers made avail16 able under this subsection shall not be taken into ac17 count for purposes of applying any numerical limita18 tion applicable to the country under section 202 of

19 such Act.

20 TITLE VI—RESTRICTIONS ON

21 BENEFITS FOR ILLEGAL ALIENS

22 TABLE OF CONTENTS OF TITLE

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

Subtitle A—Eligibility of Illegal Aliens for Public Benefits

PART 1—PUBLIC BENEFITS GENERALLY
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Sec. 601. Making illegal aliens ineligible for public assistance, contracts, and licenses.

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

Sec. 603. General exceptions.

Sec. 604. Report on disqualification of illegal aliens from housing assistance

programs.

Sec. 605. Definitions.

Sec. 606. Regulations and effective dates.

PART 2—EARNED INCOME TAX CREDIT

Sec. 611. Earned income tax credit denied to individuals not authorized to be

employed in the United States.

Subtitle B—Expansion of Disqualification from Immigration Benefits on the

Basis of Public Charge

Sec. 621. Ground for inadmissibility.

Sec. 622. Ground for deportability.

Subtitle C—Attribution of Income and Affidavits of Support

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

Sec. 632. Requirements for sponsor’s affidavit of support.

1 SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING

2 WELFARE AND IMMIGRATION.

3 The Congress makes the following statements con4 cerning national policy with respect to welfare and immi5 gration:

6 (1) Self-sufficiency has been a basic principle of

7 United States immigration law since this country’s

8 earliest immigration statutes.

9 (2) It continues to be the immigration policy of

10 the United States that—

11 (A) aliens within the nation’s borders not

12 depend on public resources to meet their needs,

13 but rather rely on their own capabilities and the
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1 resources of their families, their sponsors, and

2 private organizations, and

3 (B) the availability of public benefits not

4 constitute an incentive for immigration to the

5 United States.

6 (3) Despite the principle of self-sufficiency,

7 aliens have been applying for and receiving public

8 benefits from Federal, State, and local governments

9 at increasing rates.

10 (4) Current eligibility rules for public assistance

11 and unenforceable financial support agreements have

12 proved wholly incapable of assuring that individual

13 aliens not burden the public benefits system.

14 (5) It is a compelling government interest to

15 enact new rules for eligibility and sponsorship agree16 ments in order to assure that aliens be self-reliant

17 in accordance with national immigration policy.

18 (6) It is a compelling government interest to re19 move the incentive for illegal immigration provided

20 by the availability of public benefits.

21 (7) Where States are authorized to follow Fed22 eral eligibility rules for public assistance programs,

23 the Congress strongly encourages the States to

24 adopt the Federal eligibility rules.
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1 Subtitle A—Eligibility of Illegal

2 Aliens for Public Benefits

3 PART 1—PUBLIC BENEFITS GENERALLY

4 SEC. 601. MAKING ILLEGAL ALIENS INELIGIBLE FOR PUB5 LIC ASSISTANCE, CONTRACTS, AND LI6 CENSES.

7 (a) FEDERAL PROGRAMS.—Notwithstanding any

8 other provision of law, except as provided in section 604,

9 any alien who is not lawfully present in the United States

10 shall not be eligible for any of the following:

11 (1) FEDERAL ASSISTANCE PROGRAMS.—To re12 ceive any benefits under any program of assistance

13 provided or funded, in whole or in part, by the Fed14 eral Government for which eligibility (or the amount

15 of assistance) is based on financial need.

16 (2) FEDERAL CONTRACTS OR LICENSES.—To

17 receive any grant, to enter into any contract or loan

18 agreement, or to be issued (or have renewed) any

19 professional or commercial license, if the grant, con20 tract, loan, or license is provided or funded by any

21 Federal agency.

22 (b) STATE PROGRAMS.—Notwithstanding any other

23 provision of law, except as provided in section 604, any

24 alien who is not lawfully present in the United States shall

25 not be eligible for any of the following:
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1 (1) STATE ASSISTANCE PROGRAMS.—To receive

2 any benefits under any program of assistance (not

3 described in subsection (a)(1)) provided or funded,

4 in whole or in part, by a State or political subdivi5 sion of a State for which eligibility (or the amount

6 of assistance) is based on financial need.

7 (2) STATE CONTRACTS OR LICENSES.—To re8 ceive any grant, to enter into any contract or loan

9 agreement, or to be issued (or have renewed) any

10 professional or commercial license, if the grant, con11 tract, loan, or license is provided or funded by any

12 State agency.

13 (c) REQUIRING PROOF OF ELIGIBILITY FOR FED14 ERAL CONTRACTS, GRANTS, LOANS, LICENSES, AND PUB15 LIC ASSISTANCE.—

16 (1) IN GENERAL.—In considering an applica17 tion for a Federal contract, grant, loan, or license,

18 or for public assistance under a program described

19 in paragraph (2), a Federal agency shall require the

20 applicant to provide proof of eligibility under para21 graph (3) to be considered for such Federal con22 tract, grant, loan, license, or public assistance.

23 (2) PUBLIC ASSISTANCE PROGRAMS COV24 ERED.—The requirement of proof of eligibility under
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1 paragraph (1) shall apply to the following Federal

2 public assistance programs:

3 (A) SSI.—The supplemental security in4 come program under title XVI of the Social Se5 curity Act, including State supplementary bene6 fits programs referred to in such title.

7 (B) AFDC.—The program of aid to fami8 lies with dependent children under part A or E

9 of title IV of the Social Security Act.

10 (C) SOCIAL SERVICES BLOCK GRANT.—The

11 program of block grants to States for social

12 services under title XX of the Social Security

13 Act.

14 (D) MEDICAID.—The program of medical

15 assistance under title XIX of the Social Secu16 rity Act.

17 (E) FOOD STAMPS.—The program under

18 the Food Stamp Act of 1977.

19 (F) HOUSING ASSISTANCE.—Financial as20 sistance as defined in section 214(b) of the

21 Housing and Community Development Act of

22 1980.

23 (3) DOCUMENTS THAT SHOW PROOF OF ELIGI24 BILITY.—Any one of the documents listed under this

25 paragraph may be used as proof of eligibility under
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1 this subsection. Any such document shall be current

2 and valid. No other document or documents shall be

3 sufficient to prove eligibility.

4 (A) United States passport.

5 (B) Resident alien card.

6 (C) State driver’s license.

7 (D) State identity card.

8 (d) AUTHORIZATION FOR STATES TO REQUIRE

9 PROOF OF ELIGIBILITY FOR STATE PROGRAMS.—In con10 sidering an application for contracts, grants, loans, li11 censes, or public assistance under any State program, a

12 State is authorized to require the applicant to provide

13 proof of eligibility to be considered for such State con14 tracts, grants, loans, licenses, or public assistance.

15 SEC. 602. MAKING UNAUTHORIZED ALIENS INELIGIBLE

16 FOR UNEMPLOYMENT BENEFITS.

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, no unemployment benefits shall be payable

19 (in whole or in part) out of Federal funds to the extent

20 the benefits are attributable to any employment of the

21 alien in the United States for which the alien had not been

22 granted employment authorization pursuant to Federal

23 law.

24 (b) PROCEDURES.—Entities responsible for providing

25 unemployment benefits subject to the restrictions of this
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1 section shall make such inquiries as may be necessary to

2 assure that applicants for such benefits are eligible con3 sistent with this section.

4 SEC. 603. GENERAL EXCEPTIONS.

5 Sections 601 and 602 shall not apply to the following:

6 (1) EMERGENCY MEDICAL SERVICES.—The pro7 vision of emergency medical services (as defined by

8 the Attorney General in consultation with the Sec9 retary of Health and Human Services).

10 (2) PUBLIC HEALTH IMMUNIZATIONS.—Public

11 health assistance for immunizations with respect to

12 immunizable diseases and for testing and treatment

13 for communicable diseases.

14 (3) SHORT-TERM EMERGENCY DISASTER RE15 LIEF.—The provision of non-cash, in-kind, short16 term emergency disaster relief.

17 SEC. 604. REPORT ON DISQUALIFICATION OF ILLEGAL

18 ALIENS FROM HOUSING ASSISTANCE PRO19 GRAMS.

20 Not later than 90 days after the date of the enact21 ment of this Act, the Secretary of Housing and Urban

22 Development shall submit a report to the Committees on

23 the Judiciary of the House of Representatives and of the

24 Senate, the Committee on Banking of the House of Rep25 resentatives, and the Committee on Banking, Housing,
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1 and Urban Affairs of the Senate, describing the manner

2 in which the Secretary is enforcing section 214 of the

3 Housing and Community Development Act of 1980. The

4 report shall contain statistics with respect to the number

5 of aliens denied financial assistance under such section.

6 SEC. 605. DEFINITIONS.

7 For purposes of this part:

8 (1) LAWFUL PRESENCE.—The determination of

9 whether an alien is lawfully present in the United

10 States shall be made in accordance with regulations

11 of the Attorney General. An alien shall not be con12 sidered to be lawfully present in the United States

13 for purposes of this title merely because the alien

14 may be considered to be permanently residing in the

15 United States under color of law for purposes of any

16 particular program.

17 (2) STATE.—The term ‘‘State’’ includes the

18 District of Columbia, Puerto Rico, the Virgin Is19 lands, Guam, the Northern Mariana Islands, and

20 American Samoa.

21 SEC. 606. REGULATIONS AND EFFECTIVE DATES.

22 (a) REGULATIONS.—The Attorney General shall first

23 issue regulations to carry out this part (other than section

24 604) by not later than 60 days after the date of the enact-
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1 ment of this Act. Such regulations shall take effect on an

2 interim basis, pending changes based on public comment.

3 (b) EFFECTIVE DATE FOR RESTRICTIONS ON ELIGI4 BILITY FOR PUBLIC BENEFITS.—(1) Except as provided

5 in this subsection, section 601 shall apply to benefits pro6 vided, contracts or loan agreements entered into, and pro7 fessional and commercial licenses issued (or renewed) on

8 or after such date as the Attorney General specifies in reg9 ulations under subsection (a). Such date shall be at least

10 30 days, and not more than 60 days, after the date the

11 Attorney General first issues such regulations.

12 (2) The Attorney General, in carrying out section

13 601(a)(2), may permit such section to be waived in the

14 case of individuals for whom an application for the grant,

15 contract, loan, or license is pending (or approved) as of

16 a date (which is on or before the effective date specified

17 under paragraph (1)).

18 (c) EFFECTIVE DATE FOR RESTRICTIONS ON ELIGI19 BILITY FOR UNEMPLOYMENT BENEFITS.—(1) Except as

20 provided in this subsection, section 602 shall apply to un21 employment benefits provided on or after such date as the

22 Attorney General specifies in regulations under subsection

23 (a). Such date shall be at least 30 days, and not more

24 than 60 days, after the date the Attorney General first

25 issues such regulations.
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1 (2) The Attorney General, in carrying out section

2 602, may permit such section to be waived in the case

3 of an individual during a continuous period of unemploy4 ment for whom an application for unemployment benefits

5 is pending as of a date (which is on or before the effective

6 date specified under paragraph (1)).

7 (d) BROAD DISSEMINATION OF INFORMATION.—Be8 fore the effective dates specified in subsections (b) and (c),

9 the Attorney General shall broadly disseminate informa10 tion regarding the restrictions on eligibility under this

11 part.

12 PART 2—EARNED INCOME TAX CREDIT

13 SEC. 611. EARNED INCOME TAX CREDIT DENIED TO INDI14 VIDUALS NOT AUTHORIZED TO BE EM15 PLOYED IN THE UNITED STATES.

16 (a) IN GENERAL.—Section 32(c)(1) of the Internal

17 Revenue Code of 1986 (relating to individuals eligible to

18 claim the earned income tax credit) is amended by adding

19 at the end the following new subparagraph:

20 ‘‘(F) IDENTIFICATION NUMBER REQUIRE21 MENT.—The term ‘eligible individual’ does not

22 include any individual who does not include on

23 the return of tax for the taxable year—

24 ‘‘(i) such individual’s taxpayer identi25 fication number, and
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1 ‘‘(ii) if the individual is married (with2 in the meaning of section 7703), the tax3 payer identification number of such indi4 vidual’s spouse.’’

5 (b) SPECIAL IDENTIFICATION NUMBER.—Section 32

6 of the Internal Revenue Code of 1986 (relating to earned

7 income) is amended by adding at the end the following

8 new subsection:

9 ‘‘(k) IDENTIFICATION NUMBERS.—Solely for pur10 poses of subsections (c)(1)(F) and (c)(3)(D), a taxpayer

11 identification number means a social security number is12 sued to an individual by the Social Security Administra13 tion (other than a social security number issued pursuant

14 to clause (II) (or that portion of clause (III) that relates

15 to clause (II)) of section 205(c)(2)(B)(i) of the Social Se16 curity Act).’’

17 (c) EXTENSION OF PROCEDURES APPLICABLE TO

18 MATHEMATICAL OR CLERICAL ERRORS.—Section

19 6213(g)(2) of the Internal Revenue Code of 1986 (relating

20 to the definition of mathematical or clerical errors) is

21 amended by striking ‘‘and’’ at the end of subparagraph

22 (D), by striking the period at the end of subparagraph

23 (E) and inserting ‘‘, and’’, and by inserting after subpara24 graph (E) the following new subparagraph:
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1 ‘‘(F) an omission of a correct taxpayer

2 identification number required under section 23

3 (relating to credit for families with younger

4 children) or section 32 (relating to the earned

5 income tax credit) to be included on a return.’’.

6 (d) EFFECTIVE DATE.—The amendments made by

7 this section shall apply to taxable years beginning after

8 December 31, 1995.

9 Subtitle B—Expansion of Disquali10 fication from Immigration Bene11 fits on the Basis of Public

12 Charge

13 SEC. 621. GROUND FOR INADMISSIBILITY.

14 (a) IN GENERAL.—Paragraph (4) of section 212(a)

15 (8 U.S.C. 1182(a)) is amended to read as follows:

16 ‘‘(4) PUBLIC CHARGE.—

17 ‘‘(A) FAMILY-SPONSORED IMMIGRANTS.—

18 Any alien who seeks admission or adjustment of

19 status under a visa number issued under sec20 tion 203(a), who cannot demonstrate to the

21 consular officer at the time of application for a

22 visa, or to the Attorney General at the time of

23 application for admission or adjustment of sta24 tus, that the alien’s age, health, family status,

25 assets, resources, financial status, education,
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1 skills, or a combination thereof, or an affidavit

2 of support described in section 213A, or both,

3 make it unlikely that the alien will become a

4 public charge (as determined under section

5 241(a)(5)(B)) is inadmissible.

6 ‘‘(B) NONIMMIGRANTS.—Any alien who

7 seeks admission under a visa number issued

8 under section 214, who cannot demonstrate to

9 the consular officer at the time of application

10 for the visa that the alien’s age, health, family

11 status, assets, resources, financial status, edu12 cation, skills or a combination thereof, or an af13 fidavit of support described in section 213A, or

14 both, make it unlikely that the alien will become

15 a public charge (as determined under section

16 241(a)(B)(5)) is inadmissible.

17 ‘‘(C) EMPLOYMENT-BASED IMMIGRANTS.—

18 ‘‘(1) IN GENERAL.—Any alien who

19 seeks admission or adjustment of status

20 under a visa number issued under section

21 203(b), except for an alien who qualifies as

22 an alien of extraordinary ability under sec23 tion 203(b)(1)(A), who cannot demonstrate

24 to the consular officer at the time of appli25 cation for a visa, or to the Attorney Gen-
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1 eral at the time of application for admis2 sion or adjustment of status, that the im3 migrant has a valid offer of employment is

4 inadmissible.

5 ‘‘(2) CERTAIN EMPLOYMENT-BASED

6 IMMIGRANTS.—Any alien who seeks admis7 sion or adjustment of status under a visa

8 number issued under section 203(b) by vir9 tue of a classification petition filed by a

10 relative of the alien (or by an entity in

11 which such relative has a significant own12 ership interest) is inadmissible unless such

13 relative has executed an affidavit of sup14 port described in section 213A with respect

15 to such alien.’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall apply to applications submitted on or

18 after such date, not earlier than 30 days and not later

19 than 60 days after the date the Attorney General formu20 lates the new affidavit of support form under section

21 213A(b) of the Immigration and Nationality Act (as in22 serted by section 622(a)), as the Attorney General shall

23 specify.
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1 SEC. 622. GROUND FOR DEPORTABILITY.

2 (a) IN GENERAL.—Paragraph (5) of section 241(a)

3 (8 U.S.C. 1251(a)) is amended to read as follows:

4 ‘‘(5) PUBLIC CHARGE.—

5 ‘‘(A) IN GENERAL.—Any alien who, within

6 7 years after the date of entry or admission, be7 comes a public charge is deportable.

8 ‘‘(B) EXCEPTION.—Subparagraph (A)

9 shall not apply if the alien establishes that the

10 alien has become a public charge from causes

11 that arose after entry or admission. A condition

12 that the alien knew (or had reason to know) ex13 isted at the time of entry or admission shall be

14 deemed to be a cause that arose before entry or

15 admission.

16 ‘‘(C) INDIVIDUALS TREATED AS PUBLIC

17 CHARGE.—For purposes of this title, an alien is

18 deemed to be a ‘public charge’ if the alien re19 ceives benefits (other than benefits described in

20 subparagraph (E)) under one or more of the

21 public assistance programs described in sub22 paragraph (D) for an aggregate period of at

23 least 12 months within 7 years after the date

24 of entry. The previous sentence shall not be

25 construed as excluding any other bases for con26 sidering an alien to be a public charge, includ-
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1 ing bases in effect on the day before the date

2 of the enactment of the Immigration in the Na3 tional Interest Act of 1995. The Attorney Gen4 eral, in consultation with the Secretary of

5 Health and Human Services, shall establish

6 rules regarding the counting of health benefits

7 described in subparagraph (D)(iv) for purposes

8 of this subparagraph.

9 ‘‘(D) PUBLIC ASSISTANCE PROGRAMS.—

10 For purposes of subparagraph (B), the public

11 assistance programs described in this subpara12 graph are the following (and include any suc13 cessor to such a program as identified by the

14 Attorney General in consultation with other ap15 propriate officials):

16 ‘‘(i) SSI.—The supplemental security

17 income program under title XVI of the So18 cial Security Act, including State supple19 mentary benefits programs referred to in

20 such title.

21 ‘‘(ii) AFDC.—The program of aid to

22 families with dependent children under

23 part A or E of title IV of the Social Secu24 rity Act.
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1 ‘‘(iii) SOCIAL SERVICES BLOCK

2 GRANT.—The program of block grants to

3 States for social services under title XX of

4 the Social Security Act.

5 ‘‘(iv) MEDICAID.—The program of

6 medical assistance under title XIX of the

7 Social Security Act.

8 ‘‘(v) FOOD STAMPS.—The program

9 under the Food Stamp Act of 1977.

10 ‘‘(vi) STATE GENERAL CASH ASSIST11 ANCE.—A program of general cash assist12 ance of any State or political subdivision of

13 a State.

14 ‘‘(vii) HOUSING ASSISTANCE.—Finan15 cial assistance as defined in section 214(b)

16 of the Housing and Community Develop17 ment Act of 1980.

18 ‘‘(E) CERTAIN ASSISTANCE EXCEPTED.—

19 For purposes of subparagraph (B), an alien

20 shall not be considered to be a public charge on

21 the basis of receipt of any of the following bene22 fits:

23 ‘‘(i) EMERGENCY MEDICAL SERV24 ICES.—The provision of emergency medical

25 services (as defined by the Attorney Gen-
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1 eral in consultation with the Secretary of

2 Health and Human Services).

3 ‘‘(ii) PUBLIC HEALTH IMMUNIZA4 TIONS.—Public health assistance for im5 munizations with respect to immunizable

6 diseases and for testing and treatment for

7 communicable diseases.

8 ‘‘(iii) SHORT-TERM EMERGENCY DIS9 ASTER RELIEF.—The provision of non10 cash, in-kind, short-term emergency disas11 ter relief.’’.

12 (b) EFFECTIVE DATE.—(1) The amendment made by

13 subsection (a) shall take effect as of the first day of the

14 first month beginning at least 30 days after the date of

15 the enactment of this Act.

16 (2) In applying section 241(a)(5)(C) of the Immigra17 tion and Nationality Act, as amended by subsection (a),

18 no receipt of benefits under a public assistance program

19 before the effective date described in paragraph (1) shall

20 be taken into account.
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1 Subtitle C—Attribution of Income

2 and Affidavits of Support

3 SEC. 631. ATTRIBUTION OF SPONSOR’S INCOME AND RE4 SOURCES TO FAMILY-SPONSORED IMMI5 GRANTS.

6 (a) FEDERAL PROGRAMS.—Notwithstanding any

7 other provision of law, in determining the eligibility and

8 the amount of benefits of an alien for any Federal means9 tested public benefits program (as defined in subsection

10 (c)) the income and resources of the alien shall be deemed

11 to include—

12 (1) the income and resources of any person who

13 executed an affidavit of support pursuant to section

14 213A of the Immigration and Nationality Act (as

15 added by section 622) in behalf of such alien, and

16 (2) the income and resources of the spouse (if

17 any) of the person.

18 (b) PERIOD OF ATTRIBUTION.—

19 (1) PARENTS OF UNITED STATES CITIZENS.—

20 Subsection (a) shall apply with respect to an alien

21 who is admitted to the United States as the parent

22 of a United States citizen under section 512 until

23 the alien is naturalized as a citizen of the United

24 States.
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1 (2) SPOUSES OF UNITED STATES CITIZENS AND

2 LAWFUL PERMANENT RESIDENTS.—Subsection (a)

3 shall apply with respect to an alien who is admitted

4 to the United States as the spouse of a United

5 States citizen or lawful permanent resident under

6 sections 511 and 512 until—

7 (A) 7 years after the date the alien is law8 fully admitted to the United States for perma9 nent residence, or

10 (B) the alien is naturalized as a citizen of

11 the United States,

12 whichever occurs first.

13 (3) MINOR CHILDREN OF UNITED STATES CITI14 ZENS AND LAWFUL PERMANENT RESIDENTS.—Sub15 section (a) shall apply with respect to an alien who

16 is admitted to the United States as the minor child

17 of a United States citizen or lawful permanent resi18 dent under sections 511 and 512 until the child at19 tains the age of 21 years.

20 (4) ATTRIBUTION OF SPONSOR’S INCOME AND

21 RESOURCES ENDED IF SPONSORED ALIEN BECOMES

22 ELIGIBLE FOR OLD-AGE BENEFITS UNDER TITLE II

23 OF THE SOCIAL SECURITY ACT.—

24 (A) Notwithstanding any other provision of

25 this section, subsection (a) shall not apply and
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1 the period of attribution of a sponsor’s income

2 and resources under this subsection shall termi3 nate if the alien is employed for a period suffi4 cient to qualify for old age benefits under title

5 II of the Social Security Act and the alien is

6 able to prove to the satisfaction of the Attorney

7 General that the alien qualifies.

8 (B) The Attorney General shall ensure

9 that appropriate information pursuant to sub10 paragraph (A) is provided to the System for

11 Alien Verification of Eligibility (SAVE).

12 (c) OPTIONAL APPLICATION TO STATE PROGRAMS.—

13 (1) AUTHORITY.—Notwithstanding any other

14 provision of law, in determining the eligibility and

15 the amount of benefits of an alien for any State

16 means-tested public benefits program, the State or

17 political subdivision that offers the program is au18 thorized to provide that the income and resources

19 of the alien shall be deemed to include—

20 (A) the income and resources of any per21 son who executed an affidavit of support pursu22 ant to section 213A of the Immigration and

23 Nationality Act (as added by section 622) in

24 behalf of such alien, and
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1 (B) the income and resources of the spouse

2 (if any) of the person.

3 (2) PERIOD OF ATTRIBUTION.—The period of

4 attribution of a sponsor’s income and resources in

5 determining the eligibility and amount of benefits

6 for an alien under any State means-tested public

7 benefits program pursuant to paragraph (1) may not

8 exceed the Federal period of attribution with respect

9 to the alien.

10 (e) MEANS-TESTED PROGRAM DEFINED.—In this

11 section:

12 (1) The term ‘‘means-tested public benefits pro13 gram’’ means a program of public benefits (includ14 ing cash, medical, housing, and food assistance and

15 social services) of the Federal Government or of a

16 State or political subdivision of a State in which the

17 eligibility of an individual, household, or family eligi18 bility unit for benefits under the program, or the

19 amount of such benefits, or both are determined on

20 the basis of income, resources, or financial need of

21 the individual, household, or unit.

22 (2) The term ‘‘Federal means-tested public ben23 efits program’’ means a means-tested public benefits

24 program of (or contributed to by) the Federal Gov25 ernment.
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1 (3) The term ‘‘State means-tested public bene2 fits program’’ means a means-tested public benefits

3 program that is not a Federal means-tested pro4 gram.

5 SEC. 632. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF

6 SUPPORT.

7 (a) IN GENERAL.—Title II is amended by inserting

8 after section 213 the following new section:

9 ‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT

10 ‘‘SEC. 213A. (a) ENFORCEABILITY.—(1) No affidavit

11 of support may be accepted by the Attorney General or

12 by any consular officer to establish that an alien is not

13 inadmissible as a public charge under section 212(a)(4)

14 unless such affidavit is executed as a contract—

15 ‘‘(A) which is legally enforceable against the

16 sponsor by the Federal Government and by any

17 State (or any political subdivision of such State)

18 which provides any means-tested public benefits pro19 gram, but not later than 10 years after the alien last

20 receives any such benefit; and

21 ‘‘(B) in which the sponsor agrees to submit to

22 the jurisdiction of any Federal or State court for the

23 purpose of actions brought under subsection (b)(2).

24 ‘‘(2)(A) An affidavit of support shall be enforceable

25 with respect to benefits provided under any means-tested

26 public benefits program for an alien who is admitted to
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1 the United States as the parent of a United States citizen

2 under section 512 until the alien is naturalized as a citizen

3 of the United States.

4 ‘‘(B) An affidavit of support shall be enforceable with

5 respect to benefits provided under any means-tested public

6 benefits program for an alien who is admitted to the

7 United States as the spouse of a United States citizen or

8 lawful permanent resident under sections 511 and 512

9 until—

10 ‘‘(i) 7 years after the date the alien is lawfully

11 admitted to the United States for permanent resi12 dence, or

13 ‘‘(ii) such time as the alien is naturalized as a

14 citizen of the United States,

15 whichever occurs first.

16 ‘‘(C) An affidavit of support shall be enforceable with

17 respect to benefits provided under any means-tested public

18 benefits program for an alien who is admitted to the

19 United States as the minor child of a United States citizen

20 or lawful permanent resident under sections 511 and 512

21 until the child attains the age of 21 years.

22 ‘‘(D)(1) Notwithstanding any other provision of this

23 paragraph, a sponsor shall be relieved of any liability

24 under an affidavit of support if the sponsored alien is em25 ployed for a period sufficient to qualify for old age benefits
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1 under title II of the Social Security Act and the sponsor

2 or alien is able to prove to the satisfaction of the Attorney

3 General that the alien qualifies.

4 ‘‘(2) The Attorney General shall ensure that appro5 priate information pursuant to paragraph (1) is provided

6 to the System for Alien Verification of Eligibility (SAVE).

7 ‘‘(b) REIMBURSEMENT OF GOVERNMENT EX8 PENSES.—(1)(A) Upon notification that a sponsored alien

9 has received any benefit under any means-tested public

10 benefits program, the appropriate Federal, State, or local

11 official shall request reimbursement by the sponsor in the

12 amount of such assistance.

13 ‘‘(B) The Attorney General, in consultation with the

14 Secretary of Health and Human Services, shall prescribe

15 such regulations as may be necessary to carry out sub16 paragraph (A).

17 ‘‘(2) If within 45 days after requesting reimburse18 ment, the appropriate Federal, State, or local agency has

19 not received a response from the sponsor indicating a will20 ingness to commence payments, an action may be brought

21 against the sponsor pursuant to the affidavit of support.

22 ‘‘(3) If the sponsor fails to abide by the repayment

23 terms established by such agency, the agency may, within

24 60 days of such failure, bring an action against the spon25 sor pursuant to the affidavit of support.
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1 ‘‘(4) No cause of action may be brought under this

2 subsection later than 10 years after the alien last received

3 any benefit under any means-tested public benefits pro4 gram.

5 ‘‘(5) If, pursuant to the terms of this subsection, a

6 Federal, State, or local agency requests reimbursement

7 from the sponsor in the amount of assistance provided,

8 or brings an action against the sponsor pursuant to the

9 affidavit of support, the appropriate agency may appoint

10 or hire an individual or other person to act on behalf of

11 such agency acting under the authority of law for purposes

12 of collecting any moneys owed. Nothing in this subsection

13 shall preclude any appropriate Federal, State, or local

14 agency from directly requesting reimbursement from a

15 sponsor for the amount of assistance provided, or from

16 bringing an action against a sponsor pursuant to an affi17 davit of support.

18 ‘‘(c) REMEDIES.—Remedies available to enforce an

19 affidavit of support under this section include any or all

20 of the remedies described in section 3201, 3203, 3204,

21 or 3205 of title 28, United States Code, as well as an

22 order for specific performance and payment of legal fees

23 and other costs of collection, and include corresponding

24 remedies available under State law. A Federal agency may

25 seek to collect amounts owed under this section in accord-
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1 ance with the provisions of subchapter II of chapter 37

2 of title 31, United States Code.

3 ‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—(1)

4 The sponsor shall notify the Federal Government and the

5 State in which the sponsored alien is currently residing

6 within 30 days of any change of address of the sponsor

7 during the period specified in subsection (a)(1).

8 ‘‘(2) Any person subject to the requirement of para9 graph (1) who fails to satisfy such requirement shall be

10 subject to a civil penalty of—

11 ‘‘(A) not less than $250 or more than $2,000,

12 or

13 ‘‘(B) if such failure occurs with knowledge that

14 the sponsored alien has received any benefit under

15 any means-tested public benefits program, not less

16 than $2,000 or more than $5,000.

17 ‘‘(e) DEFINITIONS.—For the purposes of this sec18 tion—

19 ‘‘(1) SPONSOR.—The term ‘sponsor’ means an

20 individual who—

21 ‘‘(A) is a citizen or national of the United

22 States or an alien who is lawfully admitted to

23 the United States for permanent residence;

24 ‘‘(B) is 18 years of age or over;

25 ‘‘(C) is domiciled in any State;
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1 ‘‘(D) demonstrates, through presentation

2 of a certified copy of a tax return or otherwise,

3 the means to maintain an annual income equal

4 to at least 200 percent of the poverty level for

5 the individual and the individual’s family (in6 cluding the sponsored alien or aliens); and

7 ‘‘(E) is the same individual who is petition8 ing for the admission of the sponsored alien

9 under section 204.

10 ‘‘(2) FEDERAL POVERTY LINE.—The term

11 ‘Federal poverty line’ means the income official pov12 erty line (as defined by the Office of Management

13 and Budget and revised annually in accordance with

14 section 673(2) of the Omnibus Budget Reconcili15 ation Act of 1981) that is applicable to a family of

16 the size involved.

17 ‘‘(3) MEANS-TESTED PUBLIC BENEFITS PRO18 GRAM.—The term ‘means-tested public benefits pro19 gram’ means a program of public benefits (including

20 cash, medical, housing, and food assistance and so21 cial services) of the Federal Government or of a

22 State or political subdivision of a State in which the

23 eligibility of an individual, household, or family eligi24 bility unit for benefits under the program, or the

25 amount of such benefits, or both are determined on
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1 the basis of income, resources, or financial need of

2 the individual, household, or unit.’’.

3 (b) REQUIREMENT OF AFFIDAVIT OF SUPPORT FROM

4 EMPLOYMENT SPONSORS.—For requirement for affidavit

5 of support from individuals who file classification petitions

6 for a relative as an employment-based immigrant, see the

7 amendment made by section 611.

8 (c) SETTLEMENT OF CLAIMS PRIOR TO NATURALIZA9 TION.—Section 316(a) (8 U.S.C. 1427(a)) is amended—

10 (1) by striking ‘‘and’’ before ‘‘(3)’’, and

11 (2) by inserting before the period at the end the

12 following: ‘‘, and (4) in the case of an applicant that

13 has received assistance under a means-tested public

14 benefits program (as defined in subsection (f)(3) of

15 section 213A) administered by a Federal, State, or

16 local agency and with respect to which amounts may

17 be owing under an affidavit of support executed

18 under such section, provides satisfactory evidence

19 that there are no outstanding amounts that may be

20 owed to any such Federal, State, or local agency

21 pursuant to such affidavit by the sponsor who exe22 cuted such affidavit’’.

23 (d) CLERICAL AMENDMENT.—The table of contents

24 of such Act is amended by inserting after the item relating

25 to section 213 the following:

‘‘Sec. 213A. Requirements for sponsor’s affidavit of support.’’.
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1 (e) EFFECTIVE DATE.—Subsection (a) of section

2 213A of the Immigration and Nationality Act, as inserted

3 by subsection (a) of this section, shall apply to affidavits

4 of support executed on or after a date specified by the

5 Attorney General, which date shall be not earlier than 60

6 days (and not later than 90 days) after the date the Attor7 ney General formulates the form for such affidavits under

8 subsection (b) of such section.

9 (f) PROMULGATION OF FORM.—Not later than 90

10 days after the date of the enactment of this Act, the Attor11 ney General, in consultation with the Secretary of State

12 and the Secretary of Health and Human Services, shall

13 formulate an affidavit of support consistent with the provi14 sions of section 213A of the Immigration and Nationality

15 Act.

16 TITLE VII—FACILITATION OF

17 LEGAL ENTRY

18 TABLE OF CONTENTS OF TITLE

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

Sec. 702. Commuter lane pilot programs.

Sec. 703. Preinspection at foreign airports.

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

Sec. 705. Change in limitation on collection of immigration user fees.

19 SEC. 701. ADDITIONAL LAND BORDER INSPECTORS; INFRA20 STRUCTURE IMPROVEMENTS.

21 (a) INCREASED PERSONNEL.—

22 (1) IN GENERAL.—In order to eliminate undue

23 delay in the thorough inspection of persons and vehi-
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1 cles lawfully attempting to enter the United States,

2 the Attorney General and Secretary of the Treasury

3 shall increase, by approximately equal numbers in

4 each of the fiscal years 1996 and 1997, the number

5 of full-time land border inspectors assigned to active

6 duty by the Immigration and Naturalization Service

7 and the United States Customs Service to a level

8 adequate to assure full staffing during peak crossing

9 hours of all border crossing lanes now in use, under

10 construction, or whose construction has been author11 ized by Congress.

12 (2) DEPLOYMENT OF PERSONNEL.—The Attor13 ney General and the Secretary of the Treasury shall,

14 to the maximum extent practicable, ensure that the

15 personnel hired pursuant to this subsection shall be

16 deployed among the various Immigration and Natu17 ralization Service sectors in proportion to the num18 ber of land border crossings measured in each such

19 sector during the preceding fiscal year.

20 (b) IMPROVED INFRASTRUCTURE.—

21 (1) IN GENERAL.—The Attorney General may,

22 from time to time, in consultation with the Secretary

23 of the Treasury, identify those physical improve24 ments to the infrastructure of the international land

25 borders of the United States necessary to expedite
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1 the inspection of persons and vehicles attempting to

2 lawfully enter the United States in accordance with

3 existing policies and procedures of the Immigration

4 and Naturalization Service, the United States Cus5 toms Service, and the Drug Enforcement Agency.

6 (2) PRIORITIES.—Such improvements to the in7 frastructure of the land border of the United States

8 shall be substantially completed and fully funded in

9 those portions of the United States where the Attor10 ney General, in consultation with the Committees on

11 the Judiciary of the House of Representatives and

12 the Senate, objectively determines the need to be

13 greatest or most immediate before the Attorney Gen14 eral may obligate funds for construction of any im15 provement otherwise located.

16 SEC. 702. COMMUTER LANE PILOT PROGRAMS.

17 (a) MAKING LAND BORDER INSPECTION FEE PER18 MANENT.—Section 286(q) (8 U.S.C. 1356) is amended—

19 (1) in paragraph (1), by striking ‘‘a project’’

20 and inserting ‘‘projects’’;

21 (2) in paragraph (1), by striking ‘‘Such

22 project’’ and inserting ‘‘Such projects’’; and

23 (3) by striking paragraph (5).

24 (b) CONFORMING AMENDMENT.—The Departments

25 of Commerce, Justice, and State, the Judiciary, and Re-
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1 lated Agencies Appropriation Act, 1994 (P.L. 103–121,

2 107 Stat. 1161) is amended by striking the fourth proviso

3 under the heading ‘‘Immigration and Naturalization Serv4 ice, Salaries and Expenses’’.

5 SEC. 703. PREINSPECTION AT FOREIGN AIRPORTS.

6 (a) IN GENERAL.—The Immigration and Nationality

7 Act is amended by inserting after section 235 the following

8 new section:

9 ‘‘PREINSPECTION AT FOREIGN AIRPORTS

10 ‘‘SEC. 235A. (a) ESTABLISHMENT OF

11 PREINSPECTION STATIONS.—(1) Subject to paragraph

12 (4), not later than 2 years after the date of the enactment

13 of this section, the Attorney General, in consultation with

14 the Secretary of State, shall establish and maintain

15 preinspection stations in at least 5 of the foreign airports

16 that are among the 10 foreign airports which the Attorney

17 General identifies as serving as last points of departure

18 for the greatest numbers of passengers who arrive from

19 abroad by air at ports of entry within the United States.

20 Such preinspection stations shall be in addition to any

21 preinspection stations established prior to the date of the

22 enactment of this section.

23 ‘‘(2) Not later than November 1, 1995, and each sub24 sequent November 1, the Attorney General shall compile

25 data identifying—
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1 ‘‘(A) the foreign airports which served as last

2 points of departure for aliens who arrived by air at

3 United States ports of entry without valid docu4 mentation during the preceding fiscal years,

5 ‘‘(B) the number and nationality of such aliens

6 arriving from each such foreign airport, and

7 ‘‘(C) the primary routes such aliens followed

8 from their country of origin to the United States.

9 ‘‘(3) Subject to paragraph (4), not later than 4 years

10 after the date of enactment of this section, the Attorney

11 General, in consultation with the Secretary of State, shall

12 establish preinspection stations in at least 5 additional for13 eign airports which the Attorney General, in consultation

14 with the Secretary of State, determines based on the data

15 compiled under paragraph (2) and such other information

16 as may be available would most effectively reduce the

17 number of aliens who arrive from abroad by air at points

18 of entry within the United States without valid docu19 mentation. Such preinspection stations shall be in addition

20 to those established prior to or pursuant to paragraph (1).

21 ‘‘(4) Prior to the establishment of a preinspection

22 station the Attorney General, in consultation with the Sec23 retary of State, shall ensure that—
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1 ‘‘(A) employees of the United States stationed

2 at the preinspection station and their accompanying

3 family members will receive appropriate protection,

4 ‘‘(B) such employees and their families will not

5 be subject to unreasonable risks to their welfare and

6 safety, and

7 ‘‘(C) the country in which the preinspection sta8 tion is to be established maintains practices and pro9 cedures with respect to asylum seekers and refugees

10 in accordance with the Convention Relating to the

11 Status of Refugees (done at Geneva, July 28, 1951),

12 or the Protocol Relating to the Status of Refugees

13 (done at New York, January 31, 1967).

14 ‘‘(b) ESTABLISHMENT OF CARRIER CONSULTANT

15 PROGRAM.—The Attorney General shall assign additional

16 immigration officers to assist air carriers in the detection

17 of fraudulent documents at foreign airports which, based

18 on the records maintained pursuant to subsection (a)(2),

19 served as a point of departure for a significant number

20 of arrivals at United States ports of entry without valid

21 documentation, but where no preinspection station ex22 ists.’’.

23 (c) CLERICAL AMENDMENT.—The table of contents

24 is amended by inserting after the item relating to section

25 235 the following new item:

‘‘Sec. 235A. Preinspection at foreign airports.’’.
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1 SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETEC2 TION OF FRAUDULENT DOCUMENTS.

3 (a) USE OF FUNDS.—Section 286(h)(2)(A) (8 U.S.C.

4 1356(h)(2)(A)) is amended—

5 (1) in clause (iv), by inserting ‘‘, including

6 training of, and technical assistance to, commercial

7 airline personnel on such detection’’ after ‘‘United

8 States’’, and

9 (2) by adding at the end the following:

10 ‘‘The Attorney General shall provide for expenditures for

11 training and assistance described in clause (iv) in an

12 amount, for any fiscal year, not less than 5 percent of

13 the total of the expenses incurred that are described in

14 the previous sentence.’’.

15 (b) COMPLIANCE WITH DETECTION REGULA16 TIONS.—Section 212(f) (8 U.S.C. 1182(f)) is amended by

17 adding at the end the following: ‘‘Whenever the Attorney

18 General finds that a commercial airline has failed to com19 ply with regulations of the Attorney General relating to

20 requirements of airlines for the detection of fraudulent

21 documents used by passengers traveling to the United

22 States (including the training of personnel in such detec23 tion), the Attorney General may suspend the entry of some

24 or all aliens transported to the United States by such air25 line.’’.

26 (c) EFFECTIVE DATES.—
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1 (1) The amendments made by subsection (a)

2 shall apply to expenses incurred during or after fis3 cal year 1996.

4 (2) The Attorney General shall first issue, in

5 proposed form, regulations referred to in the second

6 sentence of section 212(f) of the Immigration and

7 Nationality Act, as added by the amendment made

8 by subsection (b), by not later than 90 days after

9 the date of the enactment of this Act.

10 SEC. 705. CHANGE IN LIMITATION ON COLLECTION OF IM11 MIGRATION USER FEES.

12 (a) IN GENERAL.—Section 286(e)(1) (8 U.S.C.

13 1356(e)(1)) is amended by striking all that follows ‘‘any

14 passenger’’ and inserting ‘‘aboard an international ferry.’’.

15 (b) EFFECTIVE DATE.—The amendment made by

16 subsection (a) shall apply to fees charged with respect to

17 immigration inspection or preinspection services rendered

18 in regard to arriving passengers using transportation for

19 which documents or tickets were issued after the date of

20 the enactment of this Act.

21 TITLE VIII—MISCELLANEOUS

22 PROVISIONS

23 TABLE OF CONTENTS OF TITLE

TITLE VIII—MISCELLANEOUS PROVISIONS

Sec. 801. Amended definition of aggravated felony.

Sec. 802. Amended definitions of ‘‘child’’ and ‘‘parent’’ to facilitate adoption of

children born out-of-wedlock.
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Sec. 803. Authority to determine visa processing procedures.

Sec. 804. Waiver authority concerning notice of denial of application for visas.

Sec. 805. Treatment of Canadian landed immigrants.

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

Sec. 807. Validity of period of visas.

Sec. 808. Limitation on adjustment of status of individuals not lawfully present

in the United States.

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

Sec. 810. Nonimmigrant status for spouses and children of members of the

Armed Services.

Sec. 811. Commission report on fraud associated with birth certificates.

Sec. 812. Uniform vital statistics.

Sec. 813. Communication between State and local government agencies, and

the Immigration and Naturalization Service.

Sec. 814. Miscellaneous technical corrections.

1 SEC. 801. AMENDED DEFINITION OF AGGRAVATED FELONY.

2 (a) IN GENERAL.—Section 101(a)(43) (8 U.S.C.

3 1101(a)(43)), as amended by section 222 of the Immigra4 tion and Nationality Technical Corrections Act of 1994

5 (Public Law 103–416), is amended—

6 (1) in subparagraph (N), by striking ‘‘of title

7 18, United States Code’’, and

8 (2) in subparagraph (O), by striking ‘‘which

9 constitutes’’ and all that follows up to the semicolon

10 at the end and inserting ‘‘, for the purpose of com11 mercial advantage’’.

12 (b) EFFECTIVE DATE OF CONVICTION.—Section

13 101(a)(43) (8 U.S.C. 1101(a)(43)), as amended by section

14 222(b) of the Immigration and Nationality Technical Cor15 rections Act of 1994 (Public Law 103–416) is amended

16 by adding at the end the following sentence: ‘‘Notwith17 standing any other provision of law, the term applies for
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1 all purposes to convictions entered before, on, or after the

2 date of enactment of this Act.’’.

3 (c) EFFECTIVE DATE.—The amendments made by

4 this section shall be effective as if included in the enact5 ment of the Immigration and Nationality Technical Cor6 rections Act of 1994 (Public Law 103–416).

7 SEC. 802. AMENDED DEFINITIONS OF ‘‘CHILD’’ AND ‘‘PAR8 ENT’’ TO FACILITATE ADOPTION OF CHIL9 DREN BORN OUT-OF-WEDLOCK.

10 (a) IN GENERAL.—Section 101(b) (8 U.S.C.

11 1101(b)(1)) is amended—

12 (1) in paragraph (1)(A), by striking ‘‘a legiti13 mate child’’ and inserting ‘‘a child born in wedlock’’,

14 and

15 (2) by paragraphs (1)(D) and (2), by striking

16 ‘‘an illegitimate child’’ and inserting ‘‘a child born

17 out of wedlock’’.

18 (b) EFFECTIVE DATE.—The amendments made by

19 subsection (a) shall take effect on the date of the enact20 ment of this Act.

21 SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING

22 PROCEDURES.

23 (a) IN GENERAL.—Section 202(a) (8 U.S.C.

24 1152(a)) is amended—
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1 (1) in paragraph (1), by striking ‘‘paragraph

2 (2)’’ and inserting ‘‘paragraphs (2) and (5)’’, and

3 (2) by adding at the end the following new

4 paragraph:

5 ‘‘(5) CONSTRUCTION.—Nothing in paragraph

6 (1) shall be construed to limit the authority of the

7 Secretary of State to determine the procedures for

8 the processing of immigrant visa applications or the

9 locations where such applications will be processed.’’

10 (b) EFFECTIVE DATE.—The amendments made by

11 subsection (a) shall apply to visas issued before, on, or

12 after the date of the enactment of this Act.

13 SEC. 804. WAIVER AUTHORITY CONCERNING NOTICE OF

14 DENIAL OF APPLICATION FOR VISAS.

15 Section 212(b) (8 U.S.C. 1182(b)) is amended—

16 (1) by redesignating paragraphs (1) and (2) as

17 subparagraphs (A) and (B);

18 (2) by striking ‘‘If’’ and inserting ‘‘(1) Subject

19 to paragraph (2), if’’; and

20 (3) by inserting at the end the following para21 graph:

22 ‘‘(2) With respect to applications for visas, the Sec23 retary of State may waive the application of paragraph

24 (1) in the case of a particular alien or any class or classes

25 of aliens inadmissible under subsection (a)(2) or (a)(3).’’.
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1 SEC. 805. TREATMENT OF CANADIAN LANDED IMMIGRANTS.

2 Section 212(d)(4)(B) (8 U.S.C. 1182(d)(4)(B)) is

3 amended—

4 (1) by striking ‘‘and residents’’ and inserting ‘‘,

5 residents’’, and

6 (2) by striking ‘‘nationals,’’ and inserting ‘‘na7 tionals, and aliens who are granted permanent resi8 dence by the government of the foreign contiguous

9 territory and who are residing in that territory’’.

10 SEC. 806. CHANGES RELATING TO H–1B NONIMMIGRANTS.

11 (a) REMOVAL OF ANY REQUIREMENT FOR OBJEC12 TIVE WAGE SYSTEM FOR ALL EMPLOYERS.—Section

13 212(n) (8 U.S.C. 1182(n)) is amended by adding at the

14 end the following new paragraph:

15 ‘‘(3) For purposes of determining the actual wages

16 paid under paragraph (1)(A)(i)(I), an employer shall not

17 be required to have and document an objective system to

18 determine the wages of workers.’’.

19 (b) INAPPLICABILITY OF CERTAIN REGULATIONS TO

20 NON-H–1B DEPENDENT EMPLOYERS.—

21 (1) DEFINITION OF H–1B DEPENDENT EM22 PLOYER.—Section 212(n)(2) (8 U.S.C. 1182(n)(2))

23 is amended by inserting after subparagraph (D) the

24 following new subparagraph:
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1 ‘‘(E) In this subsection, the term ‘H–1B de2 pendent employer’ means, in the case of an employer

3 that has—

4 ‘‘(i) fewer than 41 full-time equivalent em5 ployees who are employed in the United States,

6 if the employer employs 4 or more

7 nonimmigrants under section

8 101(a)(15)(H)(i)(b), or

9 ‘‘(ii) at least 41 such full-time equivalent

10 employees, if the number of nonimmigrants

11 under section 101(a)(15)(H)(i)(b) that the em12 ployer employs is equal to at least 10 percent

13 of number of full-time equivalent employees of

14 the employer who are employed in the United

15 States.

16 In applying this subparagraph, any group treated as

17 a single employer under subsection (b), (c), (m), or

18 (o) of section 414 of the Internal Revenue Code of

19 1986 shall be treated as a single employer under

20 this subparagraph. Aliens with respect to whom the

21 employer has filed such an application shall be treat22 ed as employees, and counted as nonimmigrants

23 under section 101(a)(15)(H)(i)(b), under this sub24 paragraph.’’.
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1 (2) LIMITING APPLICATION OF CERTAIN RE2 QUIREMENTS FOR NON-H–1B-DEPENDENT EMPLOY3 ERS.—Section 212(n) (8 U.S.C. 1182(n)), as

4 amended in subsection (a), is further amended by

5 adding at the end the following new paragraph:

6 ‘‘(4) In carrying out this subsection in the case of

7 an employer that is not an H–1B-dependent employer—

8 ‘‘(A) the employer is not required to post no9 tices at worksites that were not listed on the applica10 tion under paragraph (1) if the worksites are within

11 the area of intended employment listed on such ap12 plication; and

13 ‘‘(B) if the employer has filed and had certified

14 an application under paragraph (1) with respect to

15 one or more nonimmigrants described in section

16 101(a)(15)(H)(i)(b) for one or more areas of em17 ployment—

18 ‘‘(i) the employer is not required to file

19 and have certified an additional application

20 under paragraph (1) with respect to such a

21 nonimmigrant for an area of employment not

22 listed in the previous application because the

23 employer has placed one or more such

24 nonimmigrants in such a nonlisted area so long

25 as each such nonimmigrant is not placed in
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1 such nonlisted areas for a period exceeding 45

2 workdays in any 12-month period and not to

3 exceed 90 workdays in any 36-month period,

4 and

5 ‘‘(ii) the employer is not required to pay

6 per diem and transportation costs at any speci7 fied rates for work performed in such a

8 nonlisted area.’’.

9 (3) LIMITATION ON AUTHORITY TO INITIATE

10 COMPLAINTS AND CONDUCT INVESTIGATIONS FOR

11 NON-H–1B-DEPENDENT EMPLOYERS.—Section

12 212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amend13 ed—

14 (A) in the second sentence, by inserting be15 fore the period at the end the following: ‘‘, ex16 cept that the Secretary may only file such a

17 complaint in the case of an H–1B-dependent

18 employer (as defined in subparagraph (E))’’,

19 and

20 (B) by inserting after the second sentence

21 the following new sentence: ‘‘No investigation or

22 hearing shall be conducted with respect to an

23 employer that is not an H–1B-dependent em24 ployer except in response to a complaint filed

25 under the previous sentence.’’.
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1 (4) DELAY PERMITTED FOR CERTIFICATION IN

2 THE CASE OF H–1B-DEPENDENT EMPLOYERS.—Sec3 tion 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by

4 inserting before the period at the end the following:

5 ‘‘(or 30 days in the case of an employer which is an

6 H–1B dependent employer)’’.

7 (c) NO DISPLACEMENT OF AMERICAN WORKERS

8 PERMITTED.—Section 212(n)(1) (8 U.S.C. 1182(n)(1)),

9 as amended by subsection (a), is amended by inserting

10 after subparagraph (E) the following new subparagraph:

11 ‘‘(F)(i) At the time of filing the application, the

12 employer—

13 ‘‘(I) within the 6 months preceding the

14 date of filing the application the employer has

15 not laid off protected individuals (within the

16 meaning of section 274B(a)(3)) with the same

17 qualifications and experience in the specific em18 ployment for which the nonimmigrant is being

19 sought, unless the employer pays an actual

20 wage to each nonimmigrant that is at least 110

21 percent of the median of the last wage earned

22 by the laid off employees, and

23 ‘‘(II) within the 90 days following the date

24 of filing the application the employer will not

25 lay off protected individuals unless the employer
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1 pays an actual wage to each nonimmigrant that

2 is at least 110 percent of the median of the last

3 wage earned by the laid off employees.

4 ‘‘(ii) In the case of an employer that is a job

5 contractor (within the meaning of regulations pro6 mulgated to carry out this subsection), the contrac7 tor shall not place the employee with another em8 ployer if the other employer would not meet the re9 quirements of clause (i) if the employee were an em10 ployee of that other employer.

11 ‘‘(iii) For purposes of this subparagraph, the

12 term ‘laid off’, with respect to an employee—

13 ‘‘(I) means the employee’s loss of employ14 ment, other than a discharge for cause, vol15 untary departure, or retirement, and

16 ‘‘(II) does not include any situation in

17 which the employee involved is offered a similar

18 job opportunity with the same employer carry19 ing similar compensation and benefits as the

20 position from which the employee was laid off,

21 regardless of whether or not the employee ac22 cepts the offer.’’.

23 (d) EFFECTIVE DATES.—

24 (1) Except as otherwise provided in this sub25 section, the amendments made by this section shall
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1 take effect on the date of the enactment of this Act

2 and shall apply to applications filed with the Sec3 retary of Labor on or after 30 days after the date

4 of the enactment of this Act.

5 (2) The amendments made by subsection (b)(3)

6 shall apply to complaints filed, and to investigations

7 or hearings initiated, on or after January 15, 1995.

8 SEC. 807. VALIDITY OF PERIOD OF VISAS.

9 (a) EXTENSION OF VALIDITY OF IMMIGRANT VISAS

10 TO 6 MONTHS.—Section 221(c) (8 U.S.C. 1201(c)) is

11 amended by striking ‘‘four months’’ and inserting ‘‘six

12 months’’.

13 (b) AUTHORIZING APPLICATION OF RECIPROCITY

14 RULE FOR NONIMMIGRANT VISA IN CASE OF REFUGEES

15 AND PERMANENT RESIDENTS.—Such section is amended

16 by inserting before the period at the end of the third sen17 tence the following: ‘‘; except that in the case of aliens

18 who are nationals of a foreign country and who either are

19 granted refugee status and firmly resettled in another for20 eign country or are granted permanent residence and re21 siding in another foreign country, the Secretary of State

22 may prescribe the period of validity of such a visa based

23 upon the treatment granted by that other foreign country

24 to alien refugees and permanent residents, respectively, in

25 the United States’’.
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1 SEC. 808. LIMITATION ON ADJUSTMENT OF STATUS OF IN2 DIVIDUALS NOT LAWFULLY PRESENT IN THE

3 UNITED STATES.

4 (a) IN GENERAL.—Section 245(i) (8 U.S.C. 1255),

5 as added by section 506(b) of the Department of State

6 and Related Agencies Appropriations Act, 1995 (Public

7 Law 103–317, 108 Stat. 1765), is amended—

8 (1) in paragraph (1), by inserting ‘‘is not re9 quired to depart from the United States pursuant to

10 section 301 of the Immigration Act of 1990 and

11 who’’ after ‘‘who’’, and

12 (2) in paragraph (2)(A), by inserting ‘‘(notwith13 standing the ground of inadmissibility described in

14 section 212(a)(9))’’ after ‘‘for permanent residence’’.

15 (b) EFFECTIVE DATE.—(1) The amendment made by

16 subsection (a)(1) shall apply to applications for adjust17 ment of status filed after the date of the enactment of

18 this Act.

19 (2) The amendment made by subsection (a)(2) shall

20 take effect on the title III–A effective date (as defined in

21 section 309(a)).

22 SEC. 809. LIMITED ACCESS TO CERTAIN CONFIDENTIAL INS

23 FILES.

24 (a) LEGALIZATION PROGRAM.—Section 245A(c)(5)

25 (8 U.S.C. 1255a(c)(5)) is amended—
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1 (1) by redesignating subparagraphs (A) through

2 (C) as clauses (i) through (iii), respectively;

3 (2) by striking ‘‘Neither’’ and inserting ‘‘(A)

4 Except as provided in this paragraph, neither’’;

5 (3) by redesignating the last sentence as sub6 paragraph (D);

7 (4) by striking the semicolon and inserting a

8 period;

9 (5) by striking ‘‘except that the’’ and inserting

10 the following:

11 ‘‘(B) The’’;

12 (6) by inserting after subparagraph (B), as cre13 ated by the amendment made by paragraph (5), the

14 following:

15 ‘‘(C) The Attorney General may authorize dis16 closure of information contained in the application of

17 the alien under this section to be used—

18 ‘‘(i) for identification of the alien when

19 there is reason to believe that the alien has

20 been killed or severely incapacitated;

21 ‘‘(ii) for criminal law enforcement purposes

22 against the alien whose application is to be dis23 closed if the alleged criminal activity occurred

24 after the legalization application was filed and

25 such activity involves terrorist activity or poses
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1 either an immediate risk to life or to national

2 security, or would be prosecutable as an aggra3 vated felony, but without regard to the length

4 of sentence that could be imposed on the appli5 cant; or

6 ‘‘(iii) for immigration enforcement pur7 poses but only if the information is the date or

8 disposition of the application.’’; and

9 (7) by adding at the end the following new sub10 paragraph:

11 ‘‘(E) Nothing in this paragraph shall preclude

12 the release for immigration enforcement purposes of

13 the following information contained in files or

14 records of the Service pertaining to the application:

15 ‘‘(i) The immigration status of the appli16 cant on any given date after the date of filing

17 the application (including whether the applicant

18 was authorized to work).

19 ‘‘(ii) The date of the applicant’s adjust20 ment (if any) to the status of an alien lawfully

21 admitted for permanent residence.

22 ‘‘(iii) Information concerning whether the

23 applicant has been convicted of a crime occur24 ring after the date of filing the application.’’.
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1 (b) SPECIAL AGRICULTURAL WORKER PROGRAM.—

2 Section 210(b) of such Act (8 U.S.C. 1160(b)) is amend3 ed—

4 (1) in paragraph (5), by inserting ‘‘, except as

5 permitting under paragraph (6)(B)’’ after ‘‘consent

6 of the alien’’, and

7 (2) in paragraph (6)—

8 (A) by striking ‘‘Neither’’ and inserting

9 ‘‘(A) Except as provided in subparagraph (B),

10 neither’’;

11 (B) by striking ‘‘Anyone’’ and inserting

12 the following:

13 ‘‘(C) Anyone’’;

14 (C) by inserting after the first sentence the

15 following:

16 ‘‘(B) The Attorney General may authorize dis17 closure of information contained in the application of

18 the alien to be used—

19 ‘‘(i) for identification of the alien when

20 there is reason to believe that the alien has

21 been killed or severely incapacitated,

22 ‘‘(ii) for criminal law enforcement purposes

23 against the alien whose application is to be dis24 closed if the alleged criminal activity occurred

25 after the special agricultural worker application
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1 was filed and such activity involves terrorist ac2 tivity or poses either an immediate risk to life

3 or to national security, or would be prosecutable

4 as an aggravated felony, but without regard to

5 the length of sentence that could be imposed on

6 the applicant, or

7 ‘‘(iii) for immigration enforcement pur8 poses but only if the information is the date or

9 disposition of the application.’’; and

10 (7) by adding at the end the following new sub11 paragraph:

12 ‘‘(D) Nothing in this paragraph shall preclude

13 the release for immigration enforcement purposes of

14 the following information contained in files or

15 records of the Service pertaining to the application:

16 ‘‘(i) The immigration status of the appli17 cant on any given date after the date of filing

18 the application (including whether the applicant

19 was authorized to work).

20 ‘‘(ii) The date of the applicant’s adjust21 ment (if any) to the status of an alien lawfully

22 admitted for permanent residence.

23 ‘‘(iii) Information concerning whether the

24 applicant has been convicted of a crime occur25 ring after the date of filing the application.’’.
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1 SEC. 810. NONIMMIGRANT STATUS FOR SPOUSES AND CHIL2 DREN OF MEMBERS OF THE ARMED SERV3 ICES.

4 Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amend5 ed—

6 (1) by striking ‘‘or’’ at the end of subparagraph

7 (R),

8 (2) by striking the period at the end of sub9 paragraph (S), and

10 (3) by inserting after subparagraph (S) the fol11 lowing new subparagraph:

12 ‘‘(T) an alien who is the spouse or child of a

13 another alien who is serving on active duty in the

14 Armed Forces of the United States during the pe15 riod in which the other alien is stationed in the

16 United States.’’.

17 SEC. 811. COMMISSION REPORT ON FRAUD ASSOCIATED

18 WITH BIRTH CERTIFICATES.

19 Section 141(c) of the Immigration Act of 1990 is

20 amended by adding at the end the following new para21 graph:

22 ‘‘(3) REPORT ON REDUCTION OF FRAUD ASSO23 CIATED WITH BIRTH CERTIFICATES.—

24 ‘‘(A) STUDY AND REPORT.—The Commis25 sion shall study and submit to Congress, by not

26 later than January 1, 1997, a report containing
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1 recommendations (consistent with subparagraph

2 (B)) of methods of reducing or eliminating the

3 fraudulent use of birth certificate for the pur4 pose of obtaining other identity documents that

5 may be used in securing immigration, employ6 ment, and other benefits.

7 ‘‘(B) CONSIDERATIONS.—In conducting

8 the study and making recommendations, the

9 Commission shall consider and analyze the fea10 sibility of—

11 ‘‘(i) establishing national standards

12 for counterfeit-resistant birth certificates,

13 and

14 ‘‘(ii) limiting the issuance of official

15 copies of a birth certificate of an individual

16 to anyone other than the individual or oth17 ers acting on behalf of the individual.’’.

18 SEC. 812. UNIFORM VITAL STATISTICS.

19 (a) PILOT PROGRAM.—The Secretary of Health and

20 Human Services shall consult with the State agency re21 sponsible for registration and certification of births and

22 deaths and, within 3 years of the date of enactment of

23 this Act, shall establish a pilot program for 3 of the 5

24 States with the largest number of undocumented aliens

25 of an electronic network linking the vital statistics records
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1 of such States. The network shall provide, where practical,

2 for the matching of deaths with births and shall enable

3 the confirmation of births and deaths of citizens of such

4 States, or of aliens within such States, by any Federal

5 or State agency or official in the performance of official

6 duties. The Secretary and participating State agencies

7 shall institute measures to achieve uniform and accurate

8 reporting of vital statistics into the pilot program network,

9 to protect the integrity of the registration and certification

10 process, and to prevent fraud against the Government and

11 other persons through the use of false birth or death cer12 tificates.

13 (b) REPORT.—Not later than 180 days after the es14 tablishment of the pilot program under subsection (a), the

15 Secretary shall issue a written report to Congress with rec16 ommendations on how the pilot program could effectively

17 be instituted as a national network for the United States.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated for fiscal year 1996 and

20 for subsequent fiscal years such sums as may be necessary

21 to carry out this section.
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1 SEC. 813. COMMUNICATION BETWEEN STATE AND LOCAL

2 GOVERNMENT AGENCIES, AND THE IMMIGRA3 TION AND NATURALIZATION SERVICE.

4 Notwithstanding any other provision of Federal,

5 State, or local law, no State or local government entity

6 shall prohibit, or in any way restrict, any government en7 tity or any official within its jurisdiction from sending to

8 or receiving from the Immigration and Naturalization

9 Service information regarding the immigration status,

10 lawful or unlawful, of an alien in the United States.

11 SEC. 814. MISCELLANEOUS TECHNICAL CORRECTIONS.

12 (a) AMENDMENTS RELATING TO PUBLIC LAW 103–

13 322 (VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

14 ACT OF 1994).—

15 (1) Effective as if included in the enactment of

16 the Violent Crime Control and Law Enforcement

17 Act of 1994 (Public Law 103–322) (in this sub18 section referred to as ‘‘VCCLEA’’), section

19 60024(1)(F) of such Act is amended by inserting

20 ‘‘United States Code,’’ after ‘‘title 18,’’.

21 (2) Section 274(a)(2) (8 U.S.C. 1324(a)(2)), as

22 amended by section 60024(2) of VCCLEA, is

23 amended by striking the first period after ‘‘both’’.

24 (3) Effective as if included in the enactment of

25 VCCLEA, section 130003(b)(3) of such Act is
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1 amended by striking ‘‘Naturalization’’ and inserting

2 ‘‘Nationality’’.

3 (4)(A) Section 214 (8 U.S.C. 1184) is amended

4 by redesignating the subsection (j), added by section

5 130003(b)(2) of VCCLEA (108 Stat. 2025), and the

6 subsection (k), added by section 220(b) of the Immi7 gration and Nationality Technical Amendments Act

8 of 1994 (Public Law 103–416, 108 Stat. 4319), as

9 subsections (k) and (l), respectively.

10 (B) Section 101(a)(15)(S) (8 U.S.C.

11 1101(a)(15)(S)) is amended by striking ‘‘214(j)’’

12 and inserting ‘‘214(k)’’.

13 (5)(A) Section 245 (8 U.S.C. 1255) is amended

14 by redesignating the subsection (i) added by section

15 130003(c)(1) of VCCLEA as subsection (j).

16 (B) Section 241(a)(2)(A)(i)(I) (8 U.S.C.

17 1251(a)(2)(A)(i)(I)), as amended by section

18 130003(d) of VCCLEA and before redesignation by

19 section 305(2), is amended by striking ‘‘245(i)’’ and

20 inserting ‘‘245(j)’’.

21 (6) Section 245(i)(3), as added by

22 § 130003(c)(1) of VCCLEA, is amended by striking

23 ‘‘paragraphs (1) or (2)’’ and inserting ‘‘paragraph

24 (1) or (2)’’.
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1 (7) Section 130007(a) of VCCLEA is amended

2 by striking ‘‘242A(d)’’ and inserting ‘‘242A(a)(3)’’.

3 (8) The amendments made by this subsection

4 shall be effective as if included in the enactment of

5 the VCCLEA.

6 (b) AMENDMENTS RELATING TO IMMIGRATION AND

7 NATIONALITY TECHNICAL CORRECTIONS ACT OF 1994.—

8 (1) Section 101(d) of the Immigration and Na9 tionality Technical Corrections Act of 1994 (Public

10 Law 103–416) (in this subsection referred to as

11 ‘‘INTCA’’) is amended—

12 (A) by striking ‘‘APPLICATION’’ and all

13 that follows through ‘‘This’’ and inserting ‘‘AP14 PLICABILITY OF TRANSMISSION REQUIRE15 MENTS.—This’’;

16 (B) by striking ‘‘any residency or other re17 tention requirements for ’’ and inserting ‘‘the

18 application of any provision of law relating to

19 residence or physical presence in the United

20 States for purposes of transmitting United

21 States’’; and

22 (C) by striking ‘‘as in effect’’ and all that

23 follows through the end and inserting ‘‘to any

24 person whose claim is based on the amendment
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1 made by subsection (a) or through whom such

2 a claim is derived.’’.

3 (2) Section 102 of INTCA is amended by add4 ing at the end the following new subsection:

5 ‘‘(e) TRANSITION.—In applying the amendment made

6 by subsection (a) to children born before November 14,

7 1986, any reference in the matter inserted by such amend8 ment to ‘five years, at least two of which’ is deemed a

9 reference to ‘10 years, at least 5 of which’.’’.

10 (3) Section 351(a) (8 U.S.C. 1483(a)), as

11 amended by section 105(a)(2)(A) of INTCA, is

12 amended by striking the comma after ‘‘nationality’’.

13 (4) Section 207(2) of INTCA is amended by in14 serting a comma after ‘‘specified’’.

15 (5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)

16 is amended—

17 (A) in subparagraph (K)(ii), by striking

18 the comma after ‘‘1588’’, and

19 (B) in subparagraph (O), by striking

20 ‘‘suspicion’’and inserting ‘‘suspension’’.

21 (6) Section 273(b) (8 U.S.C. 1323(b)), as

22 amended by section 209(a) of INTCA, is amended

23 by striking ‘‘remain’’ and inserting ‘‘remains’’.

24 (7) Section 209(a)(1) of INTCA is amended by

25 striking ‘‘$3000’’ and inserting ‘‘$3,000’’.
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1 (8) Section 209(b) of INTCA is amended by

2 striking ‘‘subsection’’ and inserting ‘‘section’’.

3 (9) Section 217(f) (8 U.S.C. 1187(f)), as

4 amended by section 210 of INTCA, is amended by

5 adding a period at the end.

6 (10) Effective as if included in enactment of

7 § 219(cc) of INTCA, section 204(a)(1)(C) of the Im8 migration Reform and Control Act of 1986 is

9 amended by striking ‘‘year 1993’’ the first place it

10 appears’’ and inserting ‘‘years 1993’’.

11 (11) Section 219(ee) of INTCA is amended by

12 adding at the end the following new paragraph:

13 ‘‘(3) The amendments made by this section shall take

14 effect on the date of the enactment of this Act.’’.

15 (12) Paragraphs (4) and (6) of section 286(r)

16 (8 U.S.C. 1356(r)) are amended by inserting ‘‘the’’

17 before ‘‘Fund’’ each place it appears.

18 (13) Section 221 of INTCA is amended—

19 (A) by striking each semicolon and insert20 ing a comma,

21 (B) by striking ‘‘disasters.’’ and inserting

22 ‘‘disasters,’’, and

23 (C) by striking ‘‘The official’’ and inserting

24 ‘‘the official’’.

25 (14)(A) Section 225 of INTCA is amended—
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1 (i) by striking ‘‘section 242(i)’’ and insert2 ing ‘‘sections 242(i) and 242A’’, and

3 (ii) by inserting ‘‘, 1252a’’ after ‘‘1252(i)’’.

4 (15) Except as otherwise provided in this sub5 section, the amendments made by this subsection

6 shall take effect as if included in the enactment of

7 INTCA.

8 (c) STRIKING REFERENCES TO SECTION 210A.—

9 (1)(A) Section 201(b)(1)(C) (8 U.S.C.

10 1151(b)(1)(C)) and section 274B(a)(3)(B) (8 U.S.C.

11 1324b(a)(3)(B)) are each amended by striking ‘‘,

12 210A, or’’.

13 (B) Section 241(a)(1) (8 U.S.C. 1251(a)(1)),

14 before redesignation by section 305(2), is amended

15 by striking subparagraph (F).

16 (2) Sections 204(c)(1)(D)(i) and 204(j)(4) of

17 Immigration Reform and Control Act of 1986 are

18 each amended by striking ‘‘, 210A,’’.

19 (d) MISCELLANEOUS CHANGES IN THE IMMIGRATION

20 AND NATIONALITY ACT.—

21 (1) The item in the table of contents relating

22 to section 242A is amended to read as follows:

‘‘Sec. 242A. Expedited deportation of aliens convicted of committing aggravated

felonies.’’.
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1 (2) Section 101(a)(43)(N) (8 U.S.C.

2 1101(a)(43)(N)) is amended by striking ‘‘of title 18,

3 United States Code’’.

4 (3) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is

5 amended by striking ‘‘, 321, and 322’’ and inserting

6 ‘‘and 321’’.

7 (4) Pursuant to section 6(b) of Public Law

8 103–272 (108 Stat. 1378)—

9 (A) section 214(f)(1) (8 U.S.C.

10 1184(f)(1)) is amended by striking ‘‘section

11 101(3) of the Federal Aviation Act of 1958’’

12 and inserting ‘‘section 40102(a)(2) of title 49,

13 United States Code’’; and

14 (B) section 258(b)(2) (8 U.S.C.

15 1288(b)(2)) is amended by striking ‘‘section

16 105 or 106 of the Hazardous Materials Trans17 portation Act (49 U.S.C. App. 1804, 1805’’ and

18 inserting ‘‘section 5103(b), 5104, 5106, 5107,

19 or 5110 of title 49, United States Code’’.

20 (5) Section 273(d) (8 U.S.C. 1323(d)) is

21 amended by striking ‘‘the sum’’ and inserting ‘‘a

22 fine’’.

23 (6) Section 286(h)(2)(A) (8 U.S.C.

24 1356(h)(2)(A)) is amended—
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1 (A) by moving clauses (v) and (vi) 2 ems

2 to the left,

3 (B) by striking the semicolon and colons,

4 and

5 (C) by striking the period at the end of

6 clause (v) and inserting ‘‘; and’’.

7 (7) Section 337(a) (8 U.S.C. 1448(a)) is amended

8 by striking the last sentence.

9 (8) Section 412(b) (8 U.S.C. 1522(b)) is

10 amended by striking the comma after ‘‘is author11 ized’’ in paragraph (3) and after ‘‘The Secretary’’ in

12 paragraph (4).

13 (e) MISCELLANEOUS CHANGES IN THE IMMIGRATION

14 ACT OF 1990.—

15 (1) Section 160(c)(3) of the Immigration Act of

16 1990 is amended by striking ‘‘an an’’ and inserting

17 ‘‘an’’.

18 (2) Effective as if included in the enactment of

19 the Immigration Act of 1990, section 302(c) of such

20 Act is amended by striking ‘‘AFFECT’’ and inserting

21 ‘‘EFFECT’’.

22 (f) MISCELLANEOUS CHANGES IN OTHER ACTS.—

23 (1) Section 506(a) of the Intelligence Author24 ization Act, Fiscal Year 1990 (Public Law 101–193)
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1 is amended by striking ‘‘this section’’ and inserting

2 ‘‘such section’’.

3 (2) Section 140 of the Foreign Relations Au4 thorization Act, Fiscal Years 1994 and 1995, as

5 amended by section 505(2) of Public Law 103–317,

6 is amended—

7 (A) by moving the indentation of sub8 sections (f) and (g) 2 ems to the left, and

9 (B) in subsection (g), by striking ‘‘(g)’’

10 and all that follows through ‘‘shall’’ and insert11 ing ‘‘(g) Subsections (d) and (e) shall’’.

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