In the Senate of the United States,

May 2, 1996.

Resolved, That the bill from the House of Representatives (H.R. 2202) entitled ‘‘An Act 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’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; REFERENCES IN ACT.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Im3 migration Control and Financial Responsibility Act of

4 1996’’.

5 (b) REFERENCES IN ACT.—Except as otherwise spe6 cifically provided in this Act, whenever in this Act an
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1 amendment or repeal is expressed as an amendment to or

2 repeal of a provision, the reference shall be deemed to be

3 made to the Immigration and Nationality Act (8 U.S.C.

4 1101 et seq.).

5 SEC. 2. TABLE OF CONTENTS.

6 The table of contents for this Act is as follows:

Sec. 1. Short title; references in Act.

Sec. 2. Table of contents.

TITLE I—IMMIGRATION CONTROL

Subtitle A—Law Enforcement

Part 1—Additional Enforcement Personnel and Facilities

Sec. 101. Border Patrol agents.

Sec. 102. Investigators.

Sec. 103. Land border inspectors.

Sec. 104. Investigators of visa overstayers.

Sec. 105. Increased personnel levels for the Labor Department.

Sec. 106. Increase in INS detention facilities.

Sec. 107. Hiring and training standards.

Sec. 108. Construction of physical barriers, deployment of technology and improvements to roads in the border area near San Diego, California.

Sec. 109. Preserve law enforcement functions and capabilities in interior States.

Part 2—Verification of Eligibility to Work and to Receive Public Assistance

SUBPART A—DEVELOPMENT OF NEW VERIFICATION SYSTEM

Sec. 111. Establishment of new system.

Sec. 112. Demonstration projects.

Sec. 113. Comptroller General monitoring and reports.

Sec. 114. General nonpreemption of existing rights and remedies.

Sec. 115. Definitions.

SUBPART B—STRENGTHENING EXISTING VERIFICATION PROCEDURES

Sec. 116. Changes in list of acceptable employment-verification documents.

Sec. 117. Treatment of certain documentary practices as unfair immigration-related employment practices.

Sec. 118. Improvements in identification-related documents.

Sec. 119. Enhanced civil penalties if labor standards violations are present.

Sec. 120. Increased number of Assistant United States Attorneys to prosecute

cases of unlawful employment of aliens or document fraud.

Sec. 120A. Subpoena authority for cases of unlawful employment of aliens or document fraud.
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Sec. 120B. Task force to improve public education regarding unlawful employment of aliens and unfair immigration-related employment

practices.

Sec. 120C. Nationwide fingerprinting of apprehended aliens.

Sec. 120D. Application of verification procedures to State agency referrals of employment.

Sec. 120E. Retention of verification form.

Part 3—Alien Smuggling; Document Fraud

Sec. 121. Wiretap authority for investigations of alien smuggling or document

fraud.

Sec. 122. Additional coverage in RICO for offenses relating to alien smuggling

and document fraud.

Sec. 123. Increased criminal penalties for alien smuggling.

Sec. 124. Admissibility of videotaped witness testimony.

Sec. 125. Expanded forfeiture for alien smuggling and document fraud.

Sec. 126. Criminal forfeiture for alien smuggling, unlawful employment of aliens,

or document fraud.

Sec. 127. Increased criminal penalties for fraudulent use of government-issued

documents.

Sec. 128. Criminal penalty for false statement in a document required under the

immigration laws or knowingly presenting document which fails

to contain reasonable basis in law or fact.

Sec. 129. New criminal penalties for failure to disclose role as preparer of false

application for asylum or for preparing certain post-conviction

applications.

Sec. 130. New document fraud offenses; new civil penalties for document fraud.

Sec. 131. Penalties for involuntary servitude.

Sec. 132. Exclusion relating to material support to terrorists.

Part 4—Exclusion and Deportation

Sec. 141. Special exclusion in extraordinary migration situations.

Sec. 142. Judicial review of orders of exclusion and deportation.

Sec. 143. Civil penalties and visa ineligibility, for failure to depart.

Sec. 144. Conduct of proceedings by electronic means.

Sec. 145. Subpoena authority.

Sec. 146. Language of deportation notice; right to counsel.

Sec. 147. Addition of nonimmigrant visas to types of visa denied for countries

refusing to accept deported aliens.

Sec. 148. Authorization of special fund for costs of deportation.

Sec. 149. Pilot program to increase efficiency in removal of detained aliens.

Sec. 150. Limitations on relief from exclusion and deportation.

Sec. 151. Alien stowaways.

Sec. 152. Pilot program on interior repatriation and other methods to deter multiple unlawful entries.

Sec. 153. Pilot program on use of closed military bases for the detention of excludable or deportable aliens.

Sec. 154. Physical and mental examinations.

Sec. 155. Certification requirements for foreign health-care workers.

Sec. 156. Increased bar to reentry for aliens previously removed.

Sec. 157. Elimination of consulate shopping for visa overstays.

Sec. 158. Incitement as a basis for exclusion from the United States.

Sec. 159. Conforming amendment to withholding of deportation.
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Part 5—Criminal Aliens

Sec. 161. Amended definition of aggravated felony.

Sec. 162. Ineligibility of aggravated felons for adjustment of status.

Sec. 163. Expeditious deportation creates no enforceable right for aggravated felons.

Sec. 164. Custody of aliens convicted of aggravated felonies.

Sec. 165. Judicial deportation.

Sec. 166. Stipulated exclusion or deportation.

Sec. 167. Deportation as a condition of probation.

Sec. 168. Annual report on criminal aliens.

Sec. 169. Undercover investigation authority.

Sec. 170. Prisoner transfer treaties.

Sec. 170A. Prisoner transfer treaties study.

Sec. 170B. Using alien for immoral purposes, filing requirement.

Sec. 170C. Technical corrections to Violent Crime Control Act and Technical Corrections Act.

Sec. 170D. Demonstration project for identification of illegal aliens in incarceration facility of Anaheim, California.

Part 6—Miscellaneous

Sec. 171. Immigration emergency provisions.

Sec. 172. Authority to determine visa processing procedures.

Sec. 173. Joint study of automated data collection.

Sec. 174. Automated entry-exit control system.

Sec. 175. Use of legalization and special agricultural worker information.

Sec. 176. Rescission of lawful permanent resident status.

Sec. 177. Communication between Federal, State, and local government agencies,

and the Immigration and Naturalization Service.

Sec. 178. Authority to use volunteers.

Sec. 179. Authority to acquire Federal equipment for border.

Sec. 180. Limitation on legalization litigation.

Sec. 181. Limitation on adjustment of status.

Sec. 182. Report on detention space.

Sec. 183. Compensation of immigration judges.

Sec. 184. Acceptance of State services to carry out immigration enforcement.

Sec. 185. Alien witness cooperation.

Subtitle B—Other Control Measures

Part 1—Parole Authority

Sec. 191. Usable only on a case-by-case basis for humanitarian reasons or significant public benefit.

Sec. 192. Inclusion in worldwide level of family-sponsored immigrants.

Part 2—Asylum

Sec. 193. Time limitation on asylum claims.

Sec. 194. Limitation on work authorization for asylum applicants.

Sec. 195. Increased resources for reducing asylum application backlogs.

Part 3—Cuban Adjustment Act

Sec. 196. Repeal and exception.
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Subtitle C—Effective Dates

Sec. 197. Effective dates.

TITLE II—FINANCIAL RESPONSIBILITY

Subtitle A—Receipt of Certain Government Benefits

Sec. 201. Ineligibility of excludable, deportable, and nonimmigrant aliens.

Sec. 202. Definition of ‘‘public charge’’ for purposes of deportation.

Sec. 203. Requirements for sponsor’s affidavit of support.

Sec. 204. Attribution of sponsor’s income and resources to family-sponsored immigrants.

Sec. 205. Verification of student eligibility for postsecondary Federal student financial assistance.

Sec. 206. Authority of States and localities to limit assistance to aliens and to

distinguish among classes of aliens in providing general public

assistance.

Sec. 207. Increased maximum criminal penalties for forging or counterfeiting seal

of a Federal department or agency to facilitate benefit fraud by

an unlawful alien.

Sec. 208. State option under the medicaid program to place anti-fraud investigators in hospitals.

Sec. 209. Computation of targeted assistance.

Subtitle B—Miscellaneous Provisions

Sec. 211. Reimbursement of States and localities for emergency medical assistance

for certain illegal aliens.

Sec. 212. Treatment of expenses subject to emergency medical services exception.

Sec. 213. Pilot programs.

Sec. 214. Use of public schools by nonimmigrant foreign students.

Sec. 215. Pilot program to collect information relating to nonimmigrant foreign

students.

Sec. 216. False claims of United States citizenship.

Sec. 217. Voting by aliens.

Sec. 218. Exclusion grounds for offenses of domestic violence, stalking, crimes

against children, and crimes of sexual violence.

SUBTITLE C—HOUSING ASSISTANCE

Sec. 221. Short title.

Sec. 222. Prorating of financial assistance.

Sec. 223. Actions in cases of termination of financial assistance.

Sec. 224. Verification of immigration status and eligibility for financial assistance.

Sec. 225. Prohibition of sanctions against entities making financial assistance

eligibility determinations.

Sec. 226. Eligibility for public and assisted housing.

Sec. 227. Regulations.

SUBTITLE D—EFFECTIVE DATES

Sec. 231. Effective dates.

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. Changes regarding visa application process.
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Sec. 302. Visa waiver program.

Sec. 303. Technical amendment.

Sec. 304. Criminal penalties for high speed flights from immigration checkpoints.

Sec. 305. Children born abroad to United States citizen mothers; transmission requirements.

Sec. 306. Fee for diversity immigrant lottery.

Sec. 307. Support of demonstration projects for naturalization ceremonies.

Sec. 308. Review of contracts with English and civics test entities.

Sec. 309. Designation of a United States customs administrative building.

Sec. 310. Waiver of foreign country residence requirement with respect to international medical graduates.

Sec. 311. Continued validity of labor certifications and petitions for professional

athletes.

Sec. 312. Mail-order bride business.

Sec. 313. Appropriations for Criminal Alien Tracking Center.

Sec. 314. Border Patrol Museum.

Sec. 315. Pilot programs to permit bonding.

Sec. 316. Minimum State INS presence.

Sec. 317. Disqualification from attaining nonimmigrant or permanent residence

status.

Sec. 318. Passports issued for children under 16.

Sec. 319. Exclusion of certain aliens from family unity program.

Sec. 320. To ensure appropriately stringent penalties for conspiring with or assisting an alien to commit an offense under the Controlled Substances Import and Export Act.

Sec. 321. Review and report on H–2A nonimmigrant workers program.

Sec. 322. Findings related to the role of interior Border Patrol stations.

Sec. 323. Administrative review of orders.

Sec. 324. Social Security Act.

Sec. 325. Housing and Community Development Act of 1980.

Sec. 326. Higher Education Act of 1965.

Sec. 327. Land acquisition authority.

Sec. 328. Services to family members of INS officers killed in the line of duty.

Sec. 329. Powers and duties of the Attorney General and the Commissioner.

Sec. 330. Preclearance authority.

Sec. 331. Confidentiality provision for certain alien battered spouses and children.

Sec. 332. Development of prototype of counterfeit-resistant Social Security card

required.

Sec. 333. Report on allegations of harassment by Canadian customs agents.

Sec. 334. Sense of Congress on the discriminatory application of the New Brunswick Provincial Sales Tax.

Sec. 335. Female genital mutilation.
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1 TITLE I—IMMIGRATION

2 CONTROL

3 Subtitle A—Law Enforcement

4 PART 1—ADDITIONAL ENFORCEMENT

5 PERSONNEL AND FACILITIES

6 SEC. 101. BORDER PATROL AGENTS.

7 (a) BORDER PATROL AGENTS.—The Attorney General,

8 in fiscal year 1996 shall increase by no less than 700, and

9 in each of fiscal years 1997, 1998, 1999, and 2000, shall

10 increase by no less than 1,000, the number of positions for

11 full-time, active-duty Border Patrol agents within the Im12 migration and Naturalization Service above the number of

13 such positions for which funds were allotted for the preced14 ing fiscal year.

15 (b) BORDER PATROL SUPPORT PERSONNEL.—The At16 torney General, in each of fiscal years 1996, 1997, 1998,

17 1999, and 2000, may increase by not more than 300 the

18 number of positions for personnel in support of Border Pa19 trol agents above the number of such positions for which

20 funds were allotted for the preceding fiscal year.

21 SEC. 102. INVESTIGATORS.

22 (a) AUTHORIZATION.—There are authorized to be ap23 propriated to the Department of Justice such funds as may

24 be necessary to enable the Commissioner of the Immigration

25 and Naturalization Service to increase the number of inves-
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1 tigators and support personnel to investigate potential vio2 lations of sections 274 and 274A of the Immigration and

3 Nationality Act (8 U.S.C. 1324 and 1324a) by a number

4 equivalent to 300 full-time active-duty investigators in each

5 of fiscal years 1996, 1997, and 1998.

6 (b) LIMITATION ON OVERTIME.—None of the funds

7 made available to the Immigration and Naturalization

8 Service under this section shall be available for administra9 tive expenses to pay any employee overtime pay in an

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

11 SEC. 103. LAND BORDER INSPECTORS.

12 In order to eliminate undue delay in the thorough in13 spection of persons and vehicles lawfully attempting to

14 enter the United States, the Attorney General and the Sec15 retary of the Treasury shall increase, by approximately

16 equal numbers in each of fiscal years 1996 and 1997, the

17 number of full-time land border inspectors assigned to ac18 tive duty by the Immigration and Naturalization Service

19 and the United States Customs Service to a level adequate

20 to assure full staffing during peak crossing hours of all bor21 der crossing lanes currently in use, under construction, or

22 whose construction has been authorized by Congress, except

23 such low-use lanes as the Attorney General may designate.
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1 SEC. 104. INVESTIGATORS OF VISA OVERSTAYERS.

2 There are authorized to be appropriated to the Depart3 ment of Justice such funds as may be necessary to enable

4 the Commissioner of the Immigration and Naturalization

5 Service to increase the number of investigators and support

6 personnel to investigate visa overstayers by a number equiv7 alent to 300 full-time active-duty investigators in fiscal

8 year 1996.

9 SEC. 105. INCREASED PERSONNEL LEVELS FOR THE LABOR

10 DEPARTMENT.

11 (a) INVESTIGATORS.—The Secretary of Labor, in con12 sultation with the Attorney General, is authorized to hire

13 in the Wage and Hour Division of the Department of Labor

14 for fiscal years 1996 and 1997 not more than 350 investiga15 tors and staff to enforce existing legal sanctions against em16 ployers who violate current Federal wage and hour laws

17 except that not more than 150 of the number of investigators

18 authorized in this subparagraph shall be designated for the

19 purpose of carrying out the responsibilities of the Secretary

20 of Labor to conduct investigations, pursuant to a complaint

21 or based on receipt of credible material information, where

22 there is reasonable cause to believe that an employer has

23 made a misrepresentation of a material fact on a labor cer24 tification application under section 212(a)(5) of the Immi25 gration and Nationality Act or has failed to comply with

26 the terms and conditions of such an application.
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1 (b) ASSIGNMENT OF ADDITIONAL PERSONNEL.—Indi2 viduals employed to fill the additional positions described

3 in subsection (a) shall be assigned to investigate violations

4 of wage and hour laws in areas where the Attorney General

5 has notified the Secretary of Labor that there are high con6 centrations of aliens present in the United States in viola7 tion of law.

8 (c) PREFERENCE FOR BILINGUAL WAGE AND HOUR

9 INSPECTORS.—In hiring new wage and our inspectors pur10 suant to this section, the Secretary of Labor shall give pri11 ority to the employment of multilingual candidates who are

12 proficient in both English and such other language or lan13 guages as may be spoken in the region in which such inspec14 tors are likely to be deployed.

15 SEC. 106. INCREASE IN INS DETENTION FACILITIES.

16 Subject to the availability of appropriations, the Attor17 ney General shall provide for an increase in the detention

18 facilities of the Immigration and Naturalization Service to

19 at least 9,000 beds before the end of fiscal year 1997.

20 SEC. 107. HIRING AND TRAINING STANDARDS.

21 (a) REVIEW OF HIRING STANDARDS.—Within 60 days

22 of the enactment of this title, the Attorney General shall

23 review all prescreening and hiring standards to be utilized

24 by the Immigration and Naturalization Service to increase

25 personnel pursuant to this title and, where necessary, revise
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1 those standards to ensure that they are consistent with rel2 evant standards of professionalism.

3 (b) CERTIFICATION.—At the conclusion of each of the

4 fiscal years 1996, 1997, 1998, 1999, and 2000, the Attorney

5 General shall certify in writing to the Congress that all per6 sonnel hired pursuant to this title for the previous fiscal

7 year were hired pursuant to the appropriate standards.

8 (c) REVIEW OF TRAINING STANDARDS.—(1) Within

9 180 days of the date of the enactment of this Act, the Attor10 ney General shall review the sufficiency of all training

11 standards to be utilized by the Immigration and Natu12 ralization Service in training all personnel hired pursuant

13 to this title.

14 (2)(A) The Attorney General shall submit a report to

15 the Congress on the results of the review conducted under

16 paragraph (1), including—

17 (i) a description of the status of ongoing efforts

18 to update and improve training throughout the Immi19 gration and Naturalization Service, and

20 (ii) a statement of a timeframe for the comple21 tion of those efforts.

22 (B) In addition, the report shall disclose those areas

23 of training that the Attorney General determines require

24 additional or ongoing review in the future.
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1 SEC. 108. CONSTRUCTION OF PHYSICAL BARRIERS, DE2 PLOYMENT OF TECHNOLOGY AND IMPROVE3 MENTS TO ROADS IN THE BORDER AREA

4 NEAR SAN DIEGO, CALIFORNIA.

5 There are authorized to be appropriated funds of

6 $12,000,000 for the construction, expansion, improvement

7 or deployment of triple-fencing in addition to that currently

8 under construction, where such triple-fencing is determined

9 by the Immigration and Naturalization Service (INS) to

10 be safe and effective, and in addition, bollard style concrete

11 columns, all weather roads, low light television systems,

12 lighting, sensors and other technologies along the inter13 national land border between the United States and Mexico

14 south of San Diego, California, for the purpose of detecting

15 and deterring unlawful entry across the border. Amounts

16 appropriated under this section are authorized to remain

17 available until expended. The INS, while constructing the

18 additional fencing, shall incorporate the necessary safety

19 features into the design of the fence system to insure the

20 well-being of Border Patrol agents deployed within or in

21 near proximity to these additional barriers.

22 SEC. 109. PRESERVE LAW ENFORCEMENT FUNCTIONS AND

23 CAPABILITIES IN INTERIOR STATES.

24 The Immigration and Naturalization Service shall,

25 when deploying Border Patrol personnel from interior sta26 tions, coordinate with and act in conjunction with State
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1 and local law enforcement agencies to ensure that such rede2 ployment does not degrade or compromise the law enforce3 ment capabilities and functions currently performed at in4 terior Border Patrol stations.

5 PART 2—VERIFICATION OF ELIGIBILITY TO WORK

6 AND TO RECEIVE PUBLIC ASSISTANCE

7 Subpart A—Development of New Verification System

8 SEC. 111. ESTABLISHMENT OF NEW SYSTEM.

9 (a) IN GENERAL.—(1) Not later than three years after

10 the date of enactment of this Act or, within one year after

11 the end of the last renewed or additional demonstration

12 project (if any) conducted pursuant to the exception in sec13 tion 112(a)(4), whichever is later, the President shall—

14 (A) develop and recommend to the Congress a

15 plan for the establishment of a data system or alter16 native system (in this part referred to as the ‘‘sys17 tem’’), subject to subsections (b) and (c), to verify eli18 gibility for employment in the United States, and im19 migration status in the United States for purposes of

20 eligibility for benefits under public assistance pro21 grams (as defined in section 201(f)(3) or government

22 benefits described in section 201(f)(4));

23 (B) submit to the Congress a report setting

24 forth—

25 (i) a description of such recommended plan;
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1 (ii) data on and analyses of the alternatives

2 considered in developing the plan described in

3 subparagraph (A), including analyses of data

4 from the demonstration projects conducted pur5 suant to section 112; and

6 (iii) data on and analysis of the system de7 scribed in subparagraph (A), including estimates

8 of—

9 (I) the proposed use of the system, on

10 an industry-sector by industry-sector basis;

11 (II) the public assistance programs

12 and government benefits for which use of the

13 system is cost-effective and otherwise appro14 priate;

15 (III) the cost of the system;

16 (IV) the financial and administrative

17 cost to employers;

18 (V) the reduction of undocumented

19 workers in the United States labor force re20 sulting from the system;

21 (VI) any unlawful discrimination

22 caused by or facilitated by use of the

23 system;

24 (VII) any privacy intrusions caused by

25 misuse or abuse of system;
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1 (VIII) the accuracy rate of the system;

2 and

3 (IX) the overall costs and benefits that

4 would result from implementation of the

5 system.

6 (2) The plan described in paragraph (1) shall take ef7 fect on the date of enactment of a bill or joint resolution

8 approving the plan.

9 (b) OBJECTIVES.—The plan described in subsection

10 (a)(1) shall have the following objectives:

11 (1) To substantially reduce illegal immigration

12 and unauthorized employment of aliens.

13 (2) To increase employer compliance, especially

14 in industry sectors known to employ undocumented

15 workers, with laws governing employment of aliens.

16 (3) To protect individuals from national origin

17 or citizenship-based unlawful discrimination and

18 from loss of privacy caused by use, misuse, or abuse

19 of personal information.

20 (4) To minimize the burden on business of ver21 ification of eligibility for employment in the United

22 States, including the cost of the system to employers.

23 (5) To ensure that those who are ineligible for

24 public assistance or other government benefits are de-
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1 nied or terminated, and that those eligible for public

2 assistance or other government benefits shall—

3 (A) be provided a reasonable opportunity to

4 submit evidence indicating a satisfactory immi5 gration status; and

6 (B) not have eligibility for public assistance

7 or other government benefits denied, reduced, ter8 minated, or unreasonably delayed on the basis of

9 the individual’s immigration status until such a

10 reasonable opportunity has been provided.

11 (c) SYSTEM REQUIREMENTS.—(1) A verification sys12 tem may not be implemented under this section unless the

13 system meets the following requirements:

14 (A) The system must be capable of reliably deter15 mining with respect to an individual whether—

16 (i) the person with the identity claimed by

17 the individual is authorized to work in the Unit18 ed States or has the immigration status being

19 claimed; and

20 (ii) the individual is claiming the identity

21 of another person.

22 (B) Any document required by the system must

23 be presented to or examined by either an employer or

24 an administrator of public assistance or other govern25 ment benefits, as the case may be, and—
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1 (i) must be in a form that is resistant to

2 counterfeiting and to tampering; and

3 (ii) must not be required by any Govern4 ment entity or agency as a national identifica5 tion card or to be carried or presented except—

6 (I) to verify eligibility for employment

7 in the United States or immigration status

8 in the United States for purposes of eligi9 bility for benefits under public assistance

10 programs (as defined in section 201(f)(3) or

11 government benefits described in section

12 201(f)(4));

13 (II) to enforce the Immigration and

14 Nationality Act or sections 911, 1001, 1028,

15 1542, 1546, or 1621 of title 18, United

16 States Code; or

17 (III) if the document was designed for

18 another purposes (such as a license to drive

19 a motor vehicle, a certificate of birth, or a

20 social security account number card issued

21 by the Administration), as required under

22 law for such other purpose.

23 (C) The system must not be used for law enforce24 ment purposes other than the purposes described in

25 subparagraph (B).
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1 (D) The system must ensure that information is

2 complete, accurate, verifiable, and timely. Corrections

3 or additions to the system records of an individual

4 provided by the individual, the Administration, or the

5 Service, or other relevant Federal agency, must be

6 checked for accuracy, processed, and entered into the

7 system within 10 business days after the agency’s ac8 quisition of the correction or additional information.

9 (E)(i) Any personal information obtained in

10 connection with a demonstration project under section

11 112 must not be made available to Government agen12 cies, employers, or other persons except to the extent

13 necessary—

14 (I) to verify, by an individual who is au15 thorized to conduct the employment verification

16 process, that an employee is not an unauthorized

17 alien (as defined in section 274A(h)(3) of the

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

19 1324a(h)(3));

20 (II) to take other action required to carry

21 out section 112;

22 (III) to enforce the Immigration and Na23 tionality Act or section 911, 1001, 1028, 1542,

24 1546, or 1621 of title 18, United States Code; or
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1 (IV) to verify the individual’s immigration

2 status for purposes of determining eligibility for

3 Federal benefits under public assistance pro4 grams (defined in section 201(f)(3) or govern5 ment benefits described in section 201(f)(4)).

6 (ii) In order to ensure the integrity, confidential7 ity, and security of system information, the system

8 and those who use the system must maintain appro9 priate administrative, technical, and physical safe10 guards, such as—

11 (I) safeguards to prevent unauthorized dis12 closure of personal information, including pass13 words, cryptography, and other technologies;

14 (II) audit trails to monitor system use; or

15 (III) procedures giving an individual the

16 right to request records containing personal in17 formation about the individual held by agencies

18 and used in the system, for the purpose of exam19 ination, copying, correction, or amendment, and

20 a method that ensures notice to individuals of

21 these procedures.

22 (F) A verification that a person is eligible for

23 employment in the United States may not be withheld

24 or revoked under the system for any reasons other
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1 than a determination pursuant to section 274A of the

2 Immigration and Nationality Act.

3 (G) The system must be capable of accurately

4 verifying electronically within 5 business days, wheth5 er a person has the required immigration status in

6 the United States and is legally authorized for em7 ployment in the United States in a substantial per8 centage of cases (with the objective of not less than 99

9 percent).

10 (H) There must be reasonable safeguards against

11 the system’s resulting in unlawful discriminatory

12 practices based on national origin or citizenship sta13 tus, including—

14 (i) the selective or unauthorized use of the

15 system to verify eligibility;

16 (ii) the use of the system prior to an offer

17 of employment;

18 (iii) the exclusion of certain individuals

19 from consideration for employment as a result of

20 a perceived likelihood that additional verifica21 tion will be required, beyond what is required for

22 most job applicants; or

23 (iv) denial reduction, termination, or un24 reasonable delay of public assistance to an indi-
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1 vidual as a result of the perceived likelihood that

2 such additional verification will be required.

3 (2) As used in this subsection, the term ‘‘business day’’

4 means any day other than Saturday, Sunday, or any day

5 on which the appropriate Federal agency is closed.

6 (d) REMEDIES AND PENALTIES FOR UNLAWFUL DIS7 CLOSURE.—

8 (1) CIVIL REMEDIES.—

9 (A) RIGHT OF INFORMATIONAL PRIVACY.—

10 The Congress declares that any person who pro11 vides to an employer the information required by

12 this section or section 274A of the Immigration

13 and Nationality Act (8 U.S.C. 1324a) has a pri14 vacy expectation that the information will only

15 be used for compliance with this Act or other ap16 plicable Federal, State, or local law.

17 (B) CIVIL ACTIONS.—A employer, or other

18 person or entity, who knowingly and willfully

19 discloses the information that an employee is re20 quired to provide by this section or section 274A

21 of the Immigration and Nationality Act (8

22 U.S.C. 1324a) for any purpose not authorized by

23 this Act or other applicable Federal, State, or

24 local law shall be liable to the employee for ac25 tual damages. An action may be brought in any
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1 Federal, State, or local court having jurisdiction

2 over the matter.

3 (2) CRIMINAL PENALTIES.—Any employer, or

4 other person or entity, who willfully and knowingly

5 obtains, uses, or discloses information required pursu6 ant to this section or section 274A of the Immigration

7 and Nationality Act (8 U.S.C. 1324a) for any pur8 pose not authorized by this Act or other applicable

9 Federal, State, or local law shall be found guilty of

10 a misdemeanor and fined not more than $5,000.

11 (3) PRIVACY ACT.—

12 (A) IN GENERAL.—Any person who is a

13 United States citizen, United States national,

14 lawful permanent resident, or other employment15 authorized alien, and who is subject to verifica16 tion of work authorization or lawful presence in

17 the United States for purposes of benefits eligi18 bility under this section or section 112, shall be

19 considered an individual under section 552(a)(2)

20 of title 5, United States Code, with respect to

21 records covered by this section.

22 (B) DEFINITION.—For purposes of this

23 paragraph, the term ‘‘record’’ means an item,

24 collection, or grouping of information about an

25 individual which—
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1 (i) is created, maintained, or used by

2 a Federal agency for the purpose of deter3 mining—

4 (I) the individual’s authorization

5 to work; or

6 (II) immigration status in the

7 United States for purposes of eligi8 bility to receive Federal, State or local

9 benefits in the United States; and

10 (ii) contains the individuals’s name or

11 identifying number, symbol, or any other

12 identifier assigned to the individual.

13 (e) EMPLOYER SAFEGUARDS.—An employer shall not

14 be liable for any penalty under section 274A of the Immi15 gration and Nationality Act for employing an unauthorized

16 alien, if—

17 (1) the alien appeared throughout the term of

18 employment to be prima facie eligible for the employ19 ment under the requirements of section 274A(b) of

20 such Act;

21 (2) the employer followed all procedures required

22 in the system; and

23 (3)(A) the alien was verified under the system as

24 eligible for the employment; or
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1 (B) the employer discharged the alien within a

2 reasonable period after receiving notice that the final

3 verification procedure had failed to verify that the

4 alien was eligible for the employment.

5 (f) RESTRICTION ON USE OF DOCUMENTS.—If the At6 torney General determines that any document described in

7 section 274A(b)(1) of the Immigration and Nationality Act

8 as establishing employment authorization or identity does

9 not reliably establish such authorization or identity or, to

10 an unacceptable degree, is being used fraudulently or is

11 being requested for purposes not authorized by this Act, the

12 Attorney General may, by regulation, prohibit or place con13 ditions on the use of the document for purposes of the system

14 or the verification system established in section 274A(b) of

15 the Immigration and Nationality Act.

16 (g) PROTECTION FROM LIABILITY FOR ACTIONS

17 TAKEN ON THE BASIS OF INFORMATION PROVIDED BY THE

18 VERIFICATION SYSTEM.—No person shall be civilly or

19 criminally liable under section 274A of the Immigration

20 and Nationality Act for any action adverse to an individ21 ual if such action was taken in good faith reliance on infor22 mation relating to such individual provided through the

23 system (including any demonstration project conducted

24 under section 112).
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1 (h) STATUTORY CONSTRUCTION.—The provisions of

2 this section supersede the provisions of section 274A of the

3 Immigration and Nationality Act to the extent of any in4 consistency therewith.

5 SEC. 112. DEMONSTRATION PROJECTS.

6 (a) AUTHORITY.—

7 (1) IN GENERAL.—(A)(i) Subject to clause (ii)

8 and (iv), the President, acting through the Attorney

9 General, shall begin conducting several local or re10 gional projects, and a project in the legislative branch

11 of the Federal Government, to demonstrate the fea12 sibility of alternative systems for verifying eligibility

13 for employment in the United States, and immigra14 tion status in the United States for purposes of eligi15 bility for benefits under public assistance programs

16 (as defined in section 201(f)(3) and government bene17 fits described in section 201(f)(4)).

18 (ii) Each project under this section shall be con19 sistent with the objectives of section 111(b) and this

20 section and shall be conducted in accordance with an

21 agreement entered into with the State, locality, em22 ployer, other entity, or the legislative branch of the

23 Federal Government, as the case may be.

24 (iii) In determining which State(s), localities,

25 employers, or other entities shall be designated for
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1 such projects, the Attorney General shall take into ac2 count the estimated number of excludable aliens and

3 deportable aliens in each State or locality.

4 (iv) At a minimum, at least one project of the

5 kind described in paragraph (2)(E), at least one

6 project of the kind described in paragraph (2)(F), and

7 at least one project of the kind described in paragraph

8 (2)(G), shall be conducted.

9 (B) For purposes of this paragraph, the term

10 ‘‘legislative branch of the Federal Government’’ in11 cludes all offices described in section 101(9) of the

12 Congressional Accountability Act of 1995 (2 U.S.C.

13 1301(9)) and all agencies of the legislative branch of

14 Government.

15 (2) DESCRIPTION OF PROJECTS.—Demonstration

16 projects conducted under this subsection may include,

17 but are not limited to—

18 (A) a system which allows employers to ver19 ify the eligibility for employment of new employ20 ees using Administration records and, if nec21 essary, to conduct a cross-check using Service

22 records;

23 (B) a simulated linkage of the electronic

24 records of the Service and the Administration to

25 test the technical feasibility of establishing a
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1 linkage between the actual electronic records of

2 the Service and the Administration;

3 (C) improvements and additions to the elec4 tronic records of the Service and the Administra5 tion for the purpose of using such records for ver6 ification of employment eligibility;

7 (D) a system which allows employers to ver8 ify the continued eligibility for employment of

9 employees with temporary work authorization;

10 (E) a system that requires employers to ver11 ify the validity of employee social security ac12 count numbers through a telephone call, and to

13 verify employee identity through a United States

14 passport, a State driver’s license or identifica15 tion document, or a document issued by the

16 Service for purposes of this clause;

17 (F) a system which is based on State-issued

18 driver’s licenses and identification cards that in19 clude a machine readable social security account

20 number and are resistant to tampering and

21 counterfeiting; and

22 (G) a system that requires employers to ver23 ify with the Service the immigration status of

24 every employee except one who has attested that

25 he or she is a United States citizen or national.
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1 (3) COMMENCEMENT DATE.—The first dem2 onstration project under this section shall commence

3 not later than six months after the date of the enact4 ment of this Act.

5 (4) TERMINATION DATE.—The authority of para6 graph (1) shall cease to be effective four years after

7 the date of enactment of this Act, except that, if the

8 President determines that any one or more of the

9 projects conducted pursuant to paragraph (2) should

10 be renewed, or one or more additional projects should

11 be conducted before a plan is recommended under sec12 tion 111(a)(1)(A), the President may conduct such

13 project or projects for up to an additional three-year

14 period, without regard to section 274A(d)(4)(A) of the

15 Immigration and Nationality Act.

16 (b) OBJECTIVES.—The objectives of the demonstration

17 projects conducted under this section are—

18 (1) to assist the Attorney General in measuring

19 the benefits and costs of systems for verifying eligi20 bility for employment in the United States, and im21 migration status in the United States for purposes of

22 eligibility for benefits under public assistance pro23 grams defined in section 201(f)(3) and for government

24 benefits described in section 201(f)(4);
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1 (2) to assist the Service and the Administration

2 in determining the accuracy of Service and Adminis3 tration data that may be used in such systems; and

4 (3) to provide the Attorney General with infor5 mation necessary to make determinations regarding

6 the likely effects of the tested systems on employers,

7 employees, and other individuals, including informa8 tion on—

9 (A) losses of employment to individuals as

10 a result of inaccurate information in the system;

11 (B) unlawful discrimination;

12 (C) privacy violations;

13 (D) cost to individual employers, including

14 the cost per employee and the total cost as a per15 centage of the employers payroll; and

16 (E) timeliness of initial and final verifica17 tion determinations.

18 (c) CONGRESSIONAL CONSULTATION.—(1) Not later

19 than 12 months after the date of the enactment of this Act,

20 and annually thereafter, the Attorney General or the Attor21 ney General’s representatives shall consult with the Com22 mittees on the Judiciary of the House of Representatives

23 and the Senate regarding the demonstration projects being

24 conducted under this section.
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1 (2) The Attorney General or her representative, in ful2 filling the obligations described in paragraph (1), shall sub3 mit to the Congress the estimated cost to employers of each

4 demonstration project, including the system’s indirect and

5 administrative costs to employers.

6 (d) IMPLEMENTATION.—In carrying out the projects

7 described in subsection (a), the Attorney General shall—

8 (1) support and, to the extent possible, facilitate

9 the efforts of Federal and State government agencies

10 in developing—

11 (A) tamper- and counterfeit-resistant docu12 ments that may be used in a new verification

13 system, including drivers’ licenses or similar

14 documents issued by a State for the purpose of

15 identification, the social security account num16 ber card issued by the Administration, and cer17 tificates of birth in the United States or estab18 lishing United States nationality at birth; and

19 (B) recordkeeping systems that would re20 duce the fraudulent obtaining of such documents,

21 including a nationwide system to match birth

22 and death records;

23 (2) require appropriate notice to prospective em24 ployees concerning employers’ participation in a

25 demonstration project, which notice shall contain in-
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1 formation on filing complaints regarding misuse of

2 information or unlawful discrimination by employers

3 participating in the demonstration; and

4 (3) require employers to establish procedures de5 veloped by the Attorney General—

6 (A) to safeguard all personal information

7 from unauthorized disclosure and to condition

8 release of such information to any person or en9 tity upon the person’s or entity’s agreement to

10 safeguard such information; and

11 (B) to provide notice to all new employees

12 and applicants for employment of the right to re13 quest an agency to review, correct, or amend the

14 employee’s or applicant’s record and the steps to

15 follow to make such a request.

16 (e) REPORT OF ATTORNEY GENERAL.—Not later than

17 60 days before the expiration of the authority for subsection

18 (a)(1), the Attorney General shall submit to the Congress

19 a report containing an evaluation of each of the demonstra20 tion projects conducted under this section, including the

21 findings made by the Comptroller General under section

22 113.

23 (f) SYSTEM REQUIREMENTS.—

24 (1) IN GENERAL.—Demonstration projects con25 ducted under this section shall substantially meet the
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1 criteria in section 111(c)(1), except that with respect

2 to the criteria in subparagraphs (D) and (G) of sec3 tion 111(c)(1), such projects are required only to be

4 likely to substantially meet the criteria, as determined

5 by the Attorney General.

6 (2) SUPERSEDING EFFECT.—(A) If the Attorney

7 General determines that any demonstration project

8 conducted under this section substantially meets the

9 criteria in section 111(c)(1), other than the criteria in

10 subparagraphs (D) and (G) of that section, and meets

11 the criteria in such subparagraphs (D) and (G) to a

12 sufficient degree, the requirements for participants in

13 such project shall apply during the remaining period

14 of its operation in lieu of the procedures required

15 under section 274A(b) of the Immigration and Na16 tionality Act. Section 274B of such Act shall remain

17 fully applicable to the participants in the project.

18 (B) If the Attorney General makes the deter19 mination referred to in subparagraph (A), the Attor20 ney General may require other, or all, employers in

21 the geographical area covered by such project to par22 ticipate in it during the remaining period of its oper23 ation.
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1 (C) The Attorney General may not require any

2 employer to participate in such a project, except as

3 provided in subparagraph (B).

4 (g) AUTHORIZATION OF APPROPRIATIONS.—There are

5 authorized to be appropriated such sums as may be nec6 essary to carry out this section.

7 (h) STATUTORY CONSTRUCTION.—The provisions of

8 this section supersede the provisions of section 274A of the

9 Immigration and Nationality Act to the extent of any in10 consistency therewith.

11 (i) DEFINITION OF REGIONAL PROJECT.—For pur12 poses of this section, the term ‘‘regional project’’ means a

13 project conducted in a geographical area which includes

14 more than a single locality but which is smaller than an

15 entire State.

16 SEC. 113. COMPTROLLER GENERAL MONITORING AND

17 REPORTS.

18 (a) IN GENERAL.—The Comptroller General of the

19 United States shall track, monitor, and evaluate the compli20 ance of each demonstration project with the objectives of sec21 tions 111 and 112, and shall verify the results of the dem22 onstration projects.

23 (b) RESPONSIBILITIES.—

24 (1) COLLECTION OF INFORMATION.—The Comp25 troller General of the United States shall collect and
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1 consider information on each requirement described

2 in section 111(a)(1)(C).

3 (2) TRACKING AND RECORDING OF PRACTICES.—

4 The Comptroller General shall track and record un5 lawful discriminatory employment practices, if any,

6 resulting from the use or disclosure of information

7 pursuant to a demonstration project or implementa8 tion of the system, using such methods as—

9 (A) the collection and analysis of data;

10 (B) the use of hiring audits; and

11 (C) use of computer audits, including the

12 comparison of such audits with hiring records.

13 (3) MAINTENANCE OF DATA.—The Comptroller

14 General shall also maintain data on unlawful dis15 criminatory practices occurring among a representa16 tive sample of employers who are not participants in

17 any project under this section to serve as a baseline

18 for comparison with similar data obtained from em19 ployers who are participants in projects under this

20 section.

21 (c) REPORTS.—

22 (1) DEMONSTRATION PROJECTS.—Beginning 12

23 months after the date of the enactment of this Act,

24 and annually thereafter, the Comptroller General of

25 the United States shall submit a report to the Com-
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1 mittees on the Judiciary of the House of Representa2 tives and the Senate setting forth evaluations of—

3 (A) the extent to which each demonstration

4 project is meeting each of the requirements of sec5 tion 111(c); and

6 (B) the Comptroller General’s preliminary

7 findings made under this section.

8 (2) VERIFICATION SYSTEM.—Not later than 60

9 days after the submission to the Congress of the plan

10 under section 111(a)(2), the Comptroller General of

11 the United States shall submit a report to the Con12 gress setting forth an evaluation of—

13 (A) the extent to which the proposed system,

14 if any, meets each of the requirements of section

15 111(c); and

16 (B) the Comptroller General’s findings

17 made under this section.

18 SEC. 114. GENERAL NONPREEMPTION OF EXISTING RIGHTS

19 AND REMEDIES.

20 Nothing in this subpart may be construed to deny, im21 pair, or otherwise adversely affect any right or remedy

22 available under Federal, State, or local law to any person

23 on or after the date of the enactment of this Act except to

24 the extent the right or remedy is inconsistent with any pro25 vision of this part.
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1 SEC. 115. DEFINITIONS.

2 For purposes of this subpart—

3 (1) ADMINISTRATION.— The term ‘‘Administra4 tion’’ means the Social Security Administration.

5 (2) EMPLOYMENT AUTHORIZED ALIEN.—The

6 term ‘‘employment authorized alien’’ means an alien

7 who has been provided with an ‘‘employment author8 ized’’ endorsement by the Attorney General or other

9 appropriate work permit in accordance with the Im10 migration and Nationality Act.

11 (3) SERVICE.—The term ‘‘Service’’ means the

12 Immigration and Naturalization Service.

13 Subpart B—Strengthening Existing Verification

14 Procedures

15 SEC. 116. CHANGES IN LIST OF ACCEPTABLE EMPLOYMENT16 VERIFICATION DOCUMENTS.

17 (a) AUTHORITY TO REQUIRE SOCIAL SECURITY AC18 COUNT NUMBERS.—Section 274A (8 U.S.C. 1324a) is

19 amended by adding at the end of subsection (b)(2) the fol20 lowing new sentence: ‘‘The Attorney General is authorized

21 to require an individual to provide on the form described

22 in paragraph (1)(A) the individual’s social security account

23 number for purposes of complying with this section.’’.

24 (b) CHANGES IN ACCEPTABLE DOCUMENTATION FOR

25 EMPLOYMENT AUTHORIZATION AND IDENTITY.—
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1 (1) REDUCTION IN NUMBER OF ACCEPTABLE EM2 PLOYMENT-VERIFICATION DOCUMENTS.—Section

3 274A(b)(1) (8 U.S.C. 1324a(b)(1)) is amended—

4 (A) in subparagraph (B)—

5 (i) by striking clauses (ii), (iii), and

6 (iv);

7 (ii) by redesignating clause (v) as

8 clause (ii);

9 (iii) in clause (i), by adding at the end

10 ‘‘or’’;

11 (iv) in clause (ii) (as redesignated), by

12 amending the text preceding subclause (I) to

13 read as follows:

14 ‘‘(ii) resident alien card, alien reg15 istration card, or other document designated

16 by regulation by the Attorney General, if

17 the document—’’; and

18 (v) in clause (ii) (as redesignated)—

19 (I) by striking ‘‘and’’ at the end

20 of subclause (I);

21 (II) by striking the period at the

22 end of subclause (II) and inserting ‘‘,

23 and’’; and

24 (III) by adding at the end the fol25 lowing new subclause:
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1 ‘‘(III) contains appropriate secu2 rity features.’’; and

3 (B) in subparagraph (C)—

4 (i) by inserting ‘‘or’’ after the ‘‘semi5 colon’’ at the end of clause (i);

6 (ii) by striking clause (ii); and

7 (iii) by redesignating clause (iii) as

8 clause (ii).

9 (2) AUTHORITY TO PROHIBIT USE OF CERTAIN

10 DOCUMENTS.—If the Attorney General finds, by regu11 lation, that any document described in section

12 274A(b)(1) of the Immigration and Nationality Act

13 (8 U.S.C. 1324a(b)(1)) as establishing employment

14 authorization or identity does not reliably establish

15 such authorization or identity or is being used fraud16 ulently to an unacceptable degree, the Attorney Gen17 eral may prohibit or place conditions on its use for

18 purposes of the verification system established in sec19 tion 274A(b) of the Immigration and Nationality Act

20 under section 111 of this Act.

21 (c) EFFECTIVE DATE.—The amendments made by sub22 sections (a) and (b)(1) shall apply with respect to hiring

23 (or recruiting or referring) occurring on or after such date

24 as the Attorney General shall designate (but not later than

25 180 days after the date of the enactment of this Act).
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1 SEC. 117. TREATMENT OF CERTAIN DOCUMENTARY PRAC2 TICES AS UNFAIR IMMIGRATION-RELATED

3 EMPLOYMENT PRACTICES

4 Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is

5 amended—

6 (1) by striking ‘‘For purposes of paragraph (1),

7 a’’ and inserting ‘‘A’’; and

8 (2) by striking ‘‘relating to the hiring of individ9 uals’’ and inserting the following: ‘‘if made for the

10 purpose or with the intent of discriminating against

11 an individual in violation of paragraph (1)’’.

12 SEC. 118. IMPROVEMENTS IN IDENTIFICATION-RELATED

13 DOCUMENTS.

14 (a) BIRTH CERTIFICATES.—

15 (1) LIMITATION ON ACCEPTANCE.—(A) No Fed16 eral agency, including but not limited to the Social

17 Security Administration and the Department of

18 State, and no State agency that issues driver’s li19 censes or identification documents, may accept for

20 any official purpose a copy of a birth certificate, as

21 defined in paragraph (5), unless it is issued by a

22 State or local authorized custodian of record and it

23 conforms to standards described in subparagraph (B).

24 (B) The standards described in this subpara25 graph are those set forth in regulations promulgated

26 by the Federal agency designated by the President,
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1 after consultation with such other Federal agencies as

2 the President shall designate and with State vital sta3 tistics offices, and shall—

4 (i) include but not be limited to—

5 (I) certification by the agency issuing

6 the birth certificate, and

7 (II) use of safety paper, the seal of the

8 issuing agency, and other features designed

9 to limit tampering, counterfeiting, and

10 photocopying, or otherwise duplicating, for

11 fraudulent purposes,

12 (ii) not require a single design to which the

13 official birth certificate copies issued by each

14 State must conform; and

15 (iii) accommodate the differences between

16 the States in the manner and form in which

17 birth records are stored and in how birth certifi18 cate copies are produced from such records.

19 (2) LIMITATION ON ISSUANCE.—(A) If one or

20 more of the conditions described in subparagraph (B)

21 is present, no State or local government agency may

22 issue an official copy of a birth certificate pertaining

23 to an individual unless the copy prominently notes

24 that such individual is deceased.
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1 (B) The conditions described in this subpara2 graph include—

3 (i) the presence on the original birth certifi4 cate of a notation that the individual is de5 ceased, or

6 (ii) actual knowledge by the issuing agency

7 that the individual is deceased obtained through

8 information provided by the Social Security Ad9 ministration, by an interstate system of birth10 death matching, or otherwise.

11 (3) GRANTS TO STATES.—(A)(i) The Secretary of

12 Health and Human Services, in consultation with

13 other agencies designated by the President, shall es14 tablish a fund, administered through the National

15 Center for Health Statistics, to provide grants to the

16 States to encourage them to develop the capability to

17 match birth and death records, within each State and

18 among the States, and to note the fact of death on the

19 birth certificates of deceased persons. In developing

20 the capability described in the preceding sentence,

21 States shall focus first on persons who were born after

22 1950.

23 (ii) Such grants shall be provided in proportion

24 to population and in an amount needed to provide a
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1 substantial incentive for the States to develop such ca2 pability.

3 (B) The Secretary of Health and Human Serv4 ices shall establish a fund, administered through the

5 National Center for Health Statistics, to provide

6 grants to the States for a project in each of 5 States

7 to demonstrate the feasibility of a system by which

8 each such State’s office of vital statistics would be

9 provided, within 24 hours, sufficient information to

10 establish the fact of death of every individual dying

11 in such State.

12 (C) There are authorized to be appropriated to

13 the Department of Health and Human Services such

14 amounts as may be necessary to provide the grants

15 described in subparagraphs (A) and (B).

16 (4) REPORT.—(A) Not later than one year after

17 the date of the enactment of this Act, the Secretary of

18 Health and Human Services shall submit a report to

19 the Congress on ways to reduce the fraudulent obtain20 ing and the fraudulent use of birth certificates, in21 cluding any such use to obtain a social security ac22 count number or a State or Federal document related

23 to identification or immigration.

24 (B) Not later than one year after the date of en25 actment of this Act, the agency designated by the
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1 President in paragraph (1)(B) shall submit a report

2 setting forth, and explaining, the regulations de3 scribed in such paragraph.

4 (C) There are authorized to be appropriated to

5 the Department of Health and Human Services such

6 amounts as may be necessary for the preparation of

7 the report described in subparagraph (A).

8 (5) CERTIFICATE OF BIRTH.—As used in this

9 section, the term ‘‘birth certificate’’ means a certifi10 cate of birth of—

11 (A) a person born in the United States, or

12 (B) a person born abroad who is a citizen

13 or national of the United States at birth, whose

14 birth is registered in the United States.

15 (6) EFFECTIVE DATES.—

16 (A) Except as otherwise provided in sub17 paragraph (B) and in paragraph (4), this sub18 section shall take effect two years after the enact19 ment of this Act.

20 (B) Paragraph (1)(A) shall take effect two

21 years after the submission of the report described

22 in paragraph (4)(B).

23 (b) STATE-ISSUED DRIVERS LICENSES.—

24 (1) SOCIAL SECURITY ACCOUNT NUMBER.—Each

25 State-issued driver’s license and identification docu-
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1 ment shall contain a social security account number,

2 except that this paragraph shall not apply if the doc3 ument or license is issued by a State that requires,

4 pursuant to a statute, regulation, or administrative

5 policy which was, respectively, enacted, promulgated,

6 or implemented, prior to the date of enactment of this

7 Act, that—

8 (A) every applicant for such license or docu9 ment submit the number, and

10 (B) an agency of such State verify with the

11 Social Security Administration that the number

12 is valid and is not a number assigned for use by

13 persons without authority to work in the United

14 States, but not that the number appears on the

15 card.

16 (2) APPLICATION PROCESS.—The application

17 process for a State driver’s license or identification

18 document shall include the presentation of such evi19 dence of identity as is required by regulations pro20 mulgated by the Secretary of Transportation, after

21 consultation with the American Association of Motor

22 Vehicle Administrators.

23 (3) FORM OF LICENSE AND IDENTIFICATION DOC24 UMENT.—Each State driver’s license and identifica25 tion document shall be in a form consistent with re-
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1 quirements set forth in regulations promulgated by

2 the Secretary of Transportation, after consultation

3 with the American Association of Motor Vehicle Ad4 ministrators. Such form shall contain security fea5 tures designed to limit tampering, counterfeiting, and

6 use by impostors.

7 (4) LIMITATION ON ACCEPTANCE OF LICENSE

8 AND IDENTIFICATION DOCUMENT.—Neither the Social

9 Security Administration or the Passport Office or

10 any other Federal agency or any State or local gov11 ernment agency may accept for any evidentiary pur12 pose a State driver’s license or identification docu13 ment in a form other than the form described in

14 paragraph (3).

15 (5) EFFECTIVE DATES.—

16 (A) Except as otherwise provided in sub17 paragraph (B) or (C), this subsection shall take

18 effect on October 1, 2000.

19 (B)(i) With respect to driver’s licenses or

20 identification documents issued by States that

21 issue such licenses or documents for a period of

22 validity of six years or less, paragraphs (1) and

23 (3) shall apply beginning on October 1, 2000,

24 but only to licenses or documents issued to an
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1 individual for the first time and to replacement

2 or renewal licenses issued according to State law.

3 (ii) With respect to driver’s licenses or iden4 tification documents issued in States that issue

5 such licenses or documents for a period of valid6 ity of more than six years, paragraphs (1) and

7 (3) shall apply—

8 (I) during the period of October 1,

9 2000 through September 30, 2006, only to

10 licenses or documents issued to an individ11 ual for the first time and to replacement or

12 renewal licenses issued according to State

13 law, and

14 (II) beginning on October 1, 2006, to

15 all driver’s licenses or identification docu16 ments issued by such States.

17 (C) Paragraph (4) shall take effect on Octo18 ber 1, 2006.

19 SEC. 119. ENHANCED CIVIL PENALTIES IF LABOR STAND20 ARDS VIOLATIONS ARE PRESENT.

21 (a) IN GENERAL.—Section 274A(e) (8 U.S.C.

22 1324a(e)) is amended by adding at the end the following:

23 ‘‘(10)(A) The administrative law judge shall

24 have the authority to require payment of a civil

25 money penalty in an amount up to two times the
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1 amount of the penalty prescribed by this subsection in

2 any case in which the employer has been found to

3 have committed a willful violation or repeated viola4 tions of any of the following statutes:

5 ‘‘(i) The Fair Labor Standards Act (29

6 U.S.C. 201 et seq.) pursuant to a final deter7 mination by the Secretary of Labor or a court

8 of competent jurisdiction.

9 ‘‘(ii) The Migrant and Seasonal Agricul10 tural Worker Protection Act (29 U.S.C. 1801 et

11 seq.) pursuant to a final determination by the

12 Secretary of Labor or a court of competent

13 jurisdiction.

14 ‘‘(iii) The Family and Medical Leave Act

15 (29 U.S.C. 2601 et seq.) pursuant to a final de16 termination by the Secretary of Labor or a court

17 of competent jurisdiction.

18 ‘‘(B) The Secretary of Labor and the Attorney

19 General shall consult regarding the administration of

20 this paragraph.’’.

21 (b) EFFECTIVE DATE.—The amendments made by this

22 section shall apply with respect to offenses occurring on or

23 after the date of the enactment of this Act.
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1 SEC. 120. INCREASED NUMBER OF ASSISTANT UNITED

2 STATES ATTORNEYS TO PROSECUTE CASES

3 OF UNLAWFUL EMPLOYMENT OF ALIENS OR

4 DOCUMENT FRAUD.

5 The Attorney General is authorized to hire for fiscal

6 years 1996 and 1997 such additional Assistant United

7 States Attorneys as may be necessary for the prosecution

8 of actions brought under sections 274A and 274C of the Im9 migration and Nationality Act and sections 911, 1001,

10 1015 through 1018, 1028, 1030, 1541 through 1544, 1546,

11 and 1621 of title 18, United States Code. Each such addi12 tional attorney shall be used primarily for such prosecu13 tions.

14 SEC. 120A. SUBPOENA AUTHORITY FOR CASES OF UNLAW15 FUL EMPLOYMENT OF ALIENS OR DOCUMENT

16 FRAUD.

17 (a) IMMIGRATION OFFICER AUTHORITY.—

18 (1) UNLAWFUL EMPLOYMENT.—Section

19 274A(e)(2) (8 U.S.C. 1324a(e)(1)) is amended—

20 (A) by striking ‘‘and’’ at the end of sub21 paragraph (A);

22 (B) by striking the period at the end of sub23 paragraph (B) and inserting ‘‘, and’’; and

24 (C) by inserting after subparagraph (B) the

25 following new subparagraph:
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1 ‘‘(C) immigration officers designated by the

2 Commissioner may compel by subpoena the at3 tendance of witnesses and the production of evi4 dence at any designated place prior to the filing

5 of a complaint in a case under paragraph (2).’’.

6 (2) DOCUMENT FRAUD.—Section 274C(d)(1) (8

7 U.S.C. 1324c(d)(1)) is amended—

8 (A) by striking ‘‘and’’ at the end of sub9 paragraph (A);

10 (B) by striking the period at the end of sub11 paragraph (B) and inserting ‘‘, and’’; and

12 (C) by inserting after subparagraph (B) the

13 following new subparagraph:

14 ‘‘(C) immigration officers designated by the

15 Commissioner may compel by subpoena the at16 tendance of witnesses and the production of evi17 dence at any designated place prior to the filing

18 of a complaint in a case under paragraph (2).’’.

19 (b) SECRETARY OF LABOR SUBPOENA AUTHORITY.—

20 (1) IN GENERAL.—Chapter 9 of title II of the

21 Immigration and Nationality Act is amended by add22 ing at the end the following new section:

23 ‘‘SECRETARY OF LABOR SUBPOENA AUTHORITY

24 ‘‘SEC. 294. The Secretary of Labor may issue subpoe25 nas requiring the attendance and testimony of witnesses or

26 the production of any records, books, papers, or documents
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1 in connection with any investigation or hearing conducted

2 in the enforcement of any immigration program for which

3 the Secretary of Labor has been delegated enforcement au4 thority under the Act. In such hearing, the Secretary of

5 Labor may administer oaths, examine witnesses, and re6 ceive evidence. For the purpose of any such hearing or in7 vestigation, the authority contained in sections 9 and 10

8 of the Federal Trade Commission Act (15 U.S.C. 49, 50),

9 relating to the attendance of witnesses and the production

10 of books, papers, and documents, shall be available to the

11 Secretary of Labor.’’.

12 (2) CONFORMING AMENDMENT.—The table of

13 contents of the Immigration and Nationality Act is

14 amended by inserting after the item relating to sec15 tion 293 the following new item:

‘‘Sec. 294. Secretary of Labor subpoena authority.’’.

16 SEC. 120B. TASK FORCE TO IMPROVE PUBLIC EDUCATION

17 REGARDING UNLAWFUL EMPLOYMENT OF

18 ALIENS AND UNFAIR IMMIGRATION-RELATED

19 EMPLOYMENT PRACTICES.

20 (a) ESTABLISHMENT.—The Attorney General shall es21 tablish a task force within the Department of Justice

22 charged with the responsibility of—

23 (1) providing advice and guidance to employers

24 and employees relating to unlawful employment of

25 aliens under section 274A of the Immigration and
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1 Nationality Act and unfair immigration-related em2 ployment practices under 274B of such Act; and

3 (2) assisting employers in complying with those

4 laws.

5 (b) COMPOSITION.—The members of the task force shall

6 be designated by the Attorney General from among officers

7 or employees of the Immigration and Naturalization Serv8 ice or other components of the Department of Justice.

9 (c) ANNUAL REPORT.—The task force shall report an10 nually to the Attorney General on its operations.

11 SEC. 120C. NATIONWIDE FINGERPRINTING OF APPRE12 HENDED ALIENS.

13 There are authorized to be appropriated such addi14 tional sums as may be necessary to ensure that the program

15 ‘‘IDENT’’, operated by the Immigration and Naturaliza16 tion Service pursuant to section 130007 of Public Law 103–

17 322, shall be expanded into a nationwide program.

18 SEC. 120D. APPLICATION OF VERIFICATION PROCEDURES

19 TO STATE AGENCY REFERRALS OF EMPLOY20 MENT.

21 Section 274A(a) (8 U.S.C. 1324a(a)) is amended by

22 adding at the end the following new paragraph:

23 ‘‘(6) STATE AGENCY REFERRALS.—A State em24 ployment agency that refers any individual for em25 ployment shall comply with the procedures specified
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1 in subsection (b). For purposes of the attestation re2 quirement in subsection (b)(1), the agency employee

3 who is primarily involved in the referral of the indi4 vidual shall make the attestation on behalf of the

5 agency.’’.

6 SEC. 120E. RETENTION OF VERIFICATION FORM.

7 Section 274A(b)(3) (8 U.S.C. 1324a(b)(3)) is amended

8 by inserting after ‘‘must retain the form’’ the following:

9 ‘‘(except in any case of disaster, act of God, or other event

10 beyond the control of the person or entity)’’.

11 PART 3—ALIEN SMUGGLING; DOCUMENT FRAUD

12 SEC. 121. WIRETAP AUTHORITY FOR INVESTIGATIONS OF

13 ALIEN SMUGGLING OR DOCUMENT FRAUD.

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

15 amended—

16 (1) in paragraph (c), by striking ‘‘or section

17 1992 (relating to wrecking trains)’’ and inserting

18 ‘‘section 1992 (relating to wrecking trains), a felony

19 violation of section 1028 (relating to production of

20 false identification documentation), section 1425 (re21 lating to the procurement of citizenship or national22 ization unlawfully), section 1426 (relating to the re23 production of naturalization or citizenship papers),

24 section 1427 (relating to the sale of naturalization or

25 citizenship papers), section 1541 (relating to passport
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1 issuance without authority), section 1542 (relating to

2 false statements in passport applications), section

3 1543 (relating to forgery or false use of passports),

4 section 1544 (relating to misuse of passports), or sec5 tion 1546 (relating to fraud and misuse of visas, per6 mits, and other documents)’’;

7 (2) by striking ‘‘or’’ at the end of paragraph (l);

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

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

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

11 new paragraph:

12 ‘‘(m) a violation of section 274, 277, or 278 of the Im13 migration and Nationality Act (8 U.S.C. 1324, 1327, or

14 1328) (relating to the smuggling of aliens);’’.

15 SEC. 122. ADDITIONAL COVERAGE IN RICO FOR OFFENSES

16 RELATING TO ALIEN SMUGGLING AND DOCU17 MENT FRAUD.

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

19 amended—

20 (1) by striking ‘‘or’’ after ‘‘law of the United

21 States,’’;

22 (2) by inserting ‘‘or’’ at the end of clause (E);

23 and
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1 (3) by adding at the end the following: ‘‘(F) any

2 act, or conspiracy to commit any act, in violation

3 of—

4 ‘‘(i) section 1028 (relating to production of

5 false identification documentation), section 1425

6 (relating to the procurement of citizenship or na7 tionalization unlawfully), section 1426 (relating

8 to the reproduction of naturalization or citizen9 ship papers), section 1427 (relating to the sale of

10 naturalization or citizenship papers), section

11 1541 (relating to passport issuance without au12 thority), section 1542 (relating to false state13 ments in passport applications), section 1543

14 (relating to forgery or false use of passports), or

15 section 1544 (relating to misuse of passports) of

16 this title, or, for personal financial gain, section

17 1546 (relating to fraud and misuse of visas, per18 mits, and other documents) of this title; or

19 ‘‘(ii) section 274, 277, or 278 of the Immi20 gration and Nationality Act.’’.

21 SEC. 123. INCREASED CRIMINAL PENALTIES FOR ALIEN

22 SMUGGLING.

23 (a) IN GENERAL.—Section 274(a) (8 U.S.C. 1324(a))

24 is amended—

25 (1) in paragraph (1)(A)—
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1 (A) by striking ‘‘or’’ at the end of clause

2 (iii);

3 (B) by striking the comma at the end of

4 clause (iv) and inserting ‘‘; or’’; and

5 (C) by adding at the end the following new

6 clause:

7 ‘‘(v)(I) engages in any conspiracy to

8 commit any of the preceding acts, or

9 ‘‘(II) aids or abets the commission of

10 any of the preceding acts,’’;

11 (2) in paragraph (1)(B)—

12 (A) in clause (i), by inserting ‘‘or (v)(I)’’

13 after ‘‘(A)(i)’’;

14 (B) in clause (ii), by striking ‘‘or (iv)’’ and

15 inserting ‘‘(iv), or (v)(II)’’;

16 (C) in clause (iii), by striking ‘‘or (iv)’’ and

17 inserting ‘‘(iv), or (v)’’; and

18 (D) in clause (iv), by striking ‘‘or (iv)’’ and

19 inserting ‘‘(iv), or (v)’’;

20 (3) in paragraph (2)—

21 (A) in the matter preceding subparagraph

22 (A), by striking ‘‘for each transaction constitut23 ing a violation of this paragraph, regardless of

24 the number of aliens involved’’ and inserting
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1 ‘‘for each alien in respect to whom a violation of

2 this paragraph occurs’’; and

3 (B) in the matter following subparagraph

4 (B)(iii), by striking ‘‘be fined’’ and all that fol5 lows through the period and inserting the follow6 ing: ‘‘be fined under title 18, United States Code,

7 and shall be imprisoned for a first or second of8 fense, not more than 10 years, and for a third

9 or subsequent offense, not more than 15 years.’’;

10 and

11 (4) by adding at the end the following new para12 graph:

13 ‘‘(3) Any person who hires for employment an

14 alien—

15 ‘‘(A) knowing that such alien is an unau16 thorized alien (as defined in section 274A(h)(3)),

17 and

18 ‘‘(B) knowing that such alien has been

19 brought into the United States in violation of

20 this subsection,

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

22 shall be imprisoned for not more than 5 years.’’.

23 (b) SMUGGLING OF ALIENS WHO WILL COMMIT

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

25 amended—
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1 (1) by striking ‘‘or’’ at the end of clause (ii);

2 (2) by redesignating clause (iii) as clause (iv);

3 and

4 (3) by inserting after clause (ii) the following

5 new clause:

6 ‘‘(iii) an offense committed with the

7 intent, or with substantial reason to believe,

8 that the alien unlawfully brought into the

9 United States will commit an offense

10 against the United States or any State pun11 ishable by imprisonment for more than 1

12 year; or’’.

13 (c) SENTENCING GUIDELINES.—

14 (1) IN GENERAL.—Pursuant to its authority

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

16 the United States Sentencing Commission shall pro17 mulgate sentencing guidelines or amend existing sen18 tencing guidelines for offenders convicted of offenses

19 related to smuggling, transporting, harboring, or in20 ducing aliens in violation of section 274(a) (1)(A) or

21 (2)(B) of the Immigration and Nationality Act (8

22 U.S.C. 1324(a) (1)(A), (2)(B)) in accordance with

23 this subsection.
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1 (2) REQUIREMENTS.—In carrying out this sub2 section, the Commission shall, with respect to the of3 fenses described in paragraph (1)—

4 (A) increase the base offense level for such

5 offenses at least 3 offense levels above the appli6 cable level in effect on the date of the enactment

7 of this Act;

8 (B) review the sentencing enhancement for

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

10 2L1.1(b)(2)), and increase the sentencing en11 hancement by at least 50 percent above the ap12 plicable enhancement in effect on the date of the

13 enactment of this Act;

14 (C) impose an appropriate sentencing en15 hancement upon an offender with 1 prior felony

16 conviction arising out of a separate and prior

17 prosecution for an offense that involved the same

18 or similar underlying conduct as the current of19 fense, to be applied in addition to any sentenc20 ing enhancement that would otherwise apply

21 pursuant to the calculation of the defendant’s

22 criminal history category;

23 (D) impose an additional appropriate sen24 tencing enhancement upon an offender with 2 or

25 more prior felony convictions arising out of sep-
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1 arate and prior prosecutions for offenses that in2 volved the same or similar underling conduct as

3 the current offense, to be applied in addition to

4 any sentencing enhancement that would other5 wise apply pursuant to the calculation of the de6 fendant’s criminal history category;

7 (E) impose an appropriate sentencing en8 hancement on a defendant who, in the course of

9 committing an offense described in this sub10 section—

11 (i) murders or otherwise causes death,

12 bodily injury, or serious bodily injury to an

13 individual;

14 (ii) uses or brandishes a firearm or

15 other dangerous weapon; or

16 (iii) engages in conduct that con17 sciously or recklessly places another in seri18 ous danger of death or serious bodily injury;

19 (F) consider whether a downward adjust20 ment is appropriate if the offense conduct in21 volves fewer than 6 aliens or the defendant com22 mitted the offense other than for profit; and

23 (G) consider whether any other aggravating

24 or mitigating circumstances warrant upward or

25 downward sentencing adjustments.
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1 (d) EMERGENCY AUTHORITY TO SENTENCING COMMIS2 SION.—The Commission shall promulgate the guidelines or

3 amendments provided for under this section as soon as

4 practicable in accordance with the procedure set forth in

5 section 21(a) of the Sentencing Act of 1987, as though the

6 authority under that Act had not expired.

7 (e) EFFECTIVE DATE.—This section and the amend8 ments made by this section shall apply with respect to of9 fenses occurring on or after the date of the enactment of

10 this Act.

11 SEC. 124. ADMISSIBILITY OF VIDEOTAPED WITNESS

12 TESTIMONY.

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

14 at the end thereof the following new subsection:

15 ‘‘(d) Notwithstanding any provision of the Federal

16 Rules of Evidence, the videotaped (or otherwise audio17 visually preserved) deposition of a witness to a violation

18 of subsection (a) who has been deported or otherwise ex19 pelled from the United States, or is otherwise unable to tes20 tify, may be admitted into evidence in an action brought

21 for that violation if the witness was available for cross ex22 amination and the deposition otherwise complies with the

23 Federal Rules of Evidence.’’.
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1 SEC. 125. EXPANDED FORFEITURE FOR ALIEN SMUGGLING

2 AND DOCUMENT FRAUD.

3 (a) IN GENERAL.—Section 274(b) (8 U.S.C. 1324(b))

4 is amended—

5 (1) by amending paragraph (1) to read as

6 follows:

7 ‘‘(1) Any property, real or personal, which fa8 cilitates or is intended to facilitate, or has been or is

9 being used in or is intended to be used in the commis10 sion of, a violation of, or conspiracy to violate, sub11 section (a) or section 1028, 1425, 1426, 1427, 1541,

12 1542, 1543, 1544, or 1546 of title 18, United States

13 Code, or which constitutes, or is derived from or

14 traceable to, the proceeds obtained directly or indi15 rectly from a commission of a violation of, or conspir16 acy to violate, subsection (a) or section 1028, 1425,

17 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of title

18 18, United States Code, shall be subject to seizure and

19 forfeiture, except that—

20 ‘‘(A) no property used by any person as a

21 common carrier in the transaction of business as

22 a common carrier shall be forfeited under the

23 provisions of this section unless it shall appear

24 that the owner or other person in charge of such

25 property was a consenting party or privy to the

26 unlawful act;
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1 ‘‘(B) no property shall be forfeited under

2 this section by reason of any act or omission es3 tablished by the owner thereof to have been com4 mitted or omitted by any person other than such

5 owner while such property was unlawfully in the

6 possession of a person other than the owner in

7 violation of, or in conspiracy to violate, the

8 criminal laws of the United States or of any

9 State; and

10 ‘‘(C) no property shall be forfeited under

11 this paragraph to the extent of an interest of any

12 owner, by reason of any act or omission estab13 lished by such owner to have been committed or

14 omitted without the knowledge or consent of such

15 owner, unless such act or omission was commit16 ted by an employee or agent of such owner, and

17 facilitated or was intended to facilitate, the com18 mission of a violation of, or a conspiracy to vio19 late, subsection (a) or section 1028, 1425, 1426,

20 1427, 1541, 1542, 1543, 1544, or 1546 of title

21 18, United States Code, or was intended to fur22 ther the business interests of the owner, or to con23 fer any other benefit upon the owner.’’;

24 (2) in paragraph (2)—
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1 (A) by striking ‘‘conveyance’’ both places it

2 appears and inserting ‘‘property’’; and

3 (B) by striking ‘‘is being used in’’ and in4 serting ‘‘is being used in, is facilitating, has fa5 cilitated, or was intended to facilitate’’;

6 (3) in paragraph (3)—

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

8 ‘‘(3)’’, and

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

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

11 pursuant to this section, the Attorney General

12 shall provide notice and an opportunity to be

13 heard to the owner of the property. The Attorney

14 General shall prescribe such regulations as may

15 be necessary to carry out this subparagraph.’’;

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

17 conveyance’’ and ‘‘conveyance’’ each place such phrase

18 or word appears and inserting ‘‘property’’; and

19 (5) in paragraph (4)—

20 (A) by striking ‘‘or’’ at the end of subpara21 graph (C);

22 (B) by striking the period at the end of sub23 paragraph (D) and inserting ‘‘; or’’; and

24 (C) by adding at the end the following new

25 subparagraph:
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1 ‘‘(E) transfer custody and ownership of for2 feited property to any Federal, State, or local

3 agency pursuant to section 616(c) of the Tariff

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

5 (b) EFFECTIVE DATE.—The amendments made by this

6 section shall apply with respect to offenses occurring on or

7 after the date of the enactment of this Act.

8 SEC. 126. CRIMINAL FORFEITURE FOR ALIEN SMUGGLING,

9 UNLAWFUL EMPLOYMENT OF ALIENS, OR

10 DOCUMENT FRAUD.

11 Section 274 (8 U.S.C. 1324(b)) is amended by redesig12 nating subsections (c) and (d) as subsections (d) and (e)

13 and inserting after subsection (b) the following:

14 ‘‘(c) CRIMINAL FORFEITURE.—(1) Any person con15 victed of a violation of, or a conspiracy to violate, sub16 section (a) or section 274A(a) (1) or (2) of this Act, or sec17 tion 1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or

18 1546 of title 18, United States Code, shall forfeit to the

19 United States, regardless of any provision of State law—

20 ‘‘(A) any conveyance, including any vessel, vehi21 cle, or aircraft used in the commission of a violation

22 of, or a conspiracy to violate, subsection (a); and

23 ‘‘(B) any property real or personal—

24 ‘‘(i) that constitutes, or is derived from or

25 is traceable to the proceeds obtained directly or
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1 indirectly from the commission of a violation of,

2 or a conspiracy to violate, subsection (a), section

3 274A(a) (1) or (2) of this Act, or section 1028,

4 1425, 1426, 1427, 1541, 1542, 1543, 1544, or

5 1546 of title 18, United States Code; or

6 ‘‘(ii) that is used to facilitate, or is intended

7 to be used to facilitate, the commission of a vio8 lation of, or a conspiracy to violate, subsection

9 (a), section 274A(a) (1) or (2) of this Act, or sec10 tion 1028, 1425, 1426, 1427, 1541, 1542, 1543,

11 1544, or 1546 of title 18, United States Code.

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

13 that the person forfeit to the United States all property de14 scribed in this subsection.

15 ‘‘(2) The criminal forfeiture of property under this

16 subsection, including any seizure and disposition of the

17 property and any related administrative or judicial pro18 ceeding, shall be governed by the provisions of section 413

19 of the Comprehensive Drug Abuse Prevention and Control

20 Act of 1970 (21 U.S.C. 853), other than subsections (a) and

21 (d) of such section 413.’’.
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1 SEC. 127. INCREASED CRIMINAL PENALTIES FOR

2 FRAUDULENT USE OF GOVERNMENT-ISSUED

3 DOCUMENTS.

4 (a) PENALTIES FOR FRAUD AND MISUSE OF GOVERN5 MENT-ISSUED IDENTIFICATION DOCUMENTS.—(1) Section

6 1028(b) of title 18, United States Code, is amended to read

7 as follows:

8 ‘‘(b)(1)(A) An offense under subsection (a) that is—

9 ‘‘(i) the production or transfer of an identifica10 tion document or false identification document that is

11 or appears to be—

12 ‘‘(I) an identification document issued by

13 or under the authority of the United States; or

14 ‘‘(II) a birth certificate, or a driver’s license

15 or personal identification card;

16 ‘‘(ii) the production or transfer of more than five

17 identification documents or false identification docu18 ments; or

19 ‘‘(iii) an offense under paragraph (5) of such

20 subsection (a);

21 shall be punishable under subparagraph (B).

22 ‘‘(B) Except as provided in paragraph (4), a person

23 who violates an offense described in subparagraph (A) shall

24 be punishable by—
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1 ‘‘(i) a fine under this title, imprisonment for not

2 more than 10 years, or both, for a first or second of3 fense; or

4 ‘‘(ii) a fine under this title, imprisonment for

5 not more than 15 years, or both, for a third or subse6 quent offense.

7 ‘‘(2) A person convicted of an offense under subsection

8 (a) that is—

9 ‘‘(A) any other production or transfer of an

10 identification document or false identification docu11 ment; or

12 ‘‘(B) an offense under paragraph (3) of such sub13 section;

14 shall be punishable by a fine under this title, imprisonment

15 for not more than three years, or both.

16 ‘‘(3) A person convicted of an offense under subsection

17 (a), other than an offense described in paragraph (1) or

18 (2), shall be punishable by a fine under this title, imprison19 ment for not more than one year, or both.

20 ‘‘(4) Notwithstanding any other provision of this sec21 tion, the maximum term of imprisonment that may be im22 posed for an offense described in paragraph (1)(A) shall

23 be—
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1 ‘‘(A) if committed to facilitate a drug trafficking

2 crime (as defined in section 929(a) of this title), 15

3 years; and

4 ‘‘(B) if committed to facilitate an act of inter5 national terrorism (as defined in section 2331 of this

6 title), 20 years.’’.

7 (2) Sections 1541 through 1544 of title 18, United

8 States Code, are amended by striking be fined under this

9 title, imprisoned not more than 10 years, or both.’’ each

10 place it appears and inserting the following:

11 ‘‘, except as otherwise provided in this section, be—

12 ‘‘(1) fined under this title, imprisoned for not

13 more than 10 years, or both, for a first or second of14 fense; or

15 ‘‘(2) fined under this title, imprisoned for not

16 more than 15 years, or both, for a third or subsequent

17 offense.

18 ‘‘Notwithstanding any other provision of this section,

19 the maximum term of imprisonment that may be imposed

20 for an offense under this section—

21 ‘‘(1) if committed to facilitate a drug trafficking

22 crime (as defined in section 929(a) of this title), is 15

23 years; and
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1 ‘‘(2) if committed to facilitate an act of inter2 national terrorism (as defined in section 2331 of this

3 title), is 20 years.’’.

4 (3) Section 1546(a) of title 18, United States Code,

5 is amended by striking ‘‘be fined under this title, impris6 oned not more than 10 years, or both.’’ and inserting the

7 following:

8 ‘‘, except as otherwise provided in this subsection, be—

9 ‘‘(1) fined under this title, imprisoned for not

10 more than 10 years, or both, for a first or second of11 fense; or

12 ‘‘(2) fined under this title, imprisoned for not

13 more than 15 years, or both, for a third or subsequent

14 offense.

15 ‘‘Notwithstanding any other provision of this sub16 section, the maximum term of imprisonment that may be

17 imposed for an offense under this subsection—

18 ‘‘(1) if committed to facilitate a drug trafficking

19 crime (as defined in section 929(a) of this title), is 15

20 years; and

21 ‘‘(2) if committed to facilitate an act of inter22 national terrorism (as defined in section 2331 of this

23 title), is 20 years.’’.

24 (4) Sections 1425 through 1427 of title 18, United

25 States Code, are amended by striking ‘‘be fined not more
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1 than $5,000 or imprisoned not more than five years, or

2 both’’ each place it appears and inserting ‘‘, except as other3 wise provided in this section, be—

4 ‘‘(1) fined under this title, imprisoned for not

5 more than 10 years, or both, for a first or second of6 fense; or

7 ‘‘(2) fined under this title, imprisoned for not

8 more than 15 years, or both, for a third or subsequent

9 offense.

10 ‘‘Notwithstanding any other provision of this section,

11 the maximum term of imprisonment that may be imposed

12 for an offense under this section—

13 ‘‘(1) if committed to facilitate a drug trafficking

14 crime (as defined in section 929(a) of this title), is 15

15 years; and

16 ‘‘(2) if committed to facilitate an act of inter17 national terrorism (as defined in section 2331 of this

18 title), is 20 years.’’.

19 (b) CHANGES TO THE SENTENCING LEVELS.—

20 (1) IN GENERAL.—Pursuant to the Commission’s

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

22 States Code, the United States Sentencing Commis23 sion shall promulgate sentencing guidelines or amend

24 existing sentencing guidelines for offenders convicted

25 of violating, or conspiring to violate, sections
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1 1028(b)(1), 1425 through 1427, 1541 through 1544,

2 and 1546(a) of title 18, United States Code, in ac3 cordance with this subsection.

4 (2) REQUIREMENTS.—In carrying out this sub5 section, the Commission shall, with respect to the of6 fenses referred to in paragraph (1)—

7 (A) increase the base offense level for such

8 offenses at least 2 offense levels above the level in

9 effect on the date of the enactment of this Act;

10 (B) review the sentencing enhancement for

11 number of documents or passports involved

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

13 adjustment by at least 50 percent above the ap14 plicable enhancement in effect on the date of the

15 enactment of this Act;

16 (C) impose an appropriate sentencing en17 hancement upon an offender with 1 prior felony

18 conviction arising out of a separate and prior

19 prosecution for an offense that involved the same

20 or similar underlying conduct as the current of21 fense, to be applied in addition to any sentenc22 ing enhancement that would otherwise apply

23 pursuant to the calculation of the defendant’s

24 criminal history category;
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1 (D) impose an additional appropriate sen2 tencing enhancement upon an offender with 2 or

3 more prior felony convictions arising out of sep4 arate and prior prosecutions for offenses that in5 volved the same or similar underling conduct as

6 the current offense, to be applied in addition to

7 any sentencing enhancement that would other8 wise apply pursuant to the calculation of the de9 fendant’s criminal history category;

10 (E) consider whether a downward adjust11 ment is appropriate if the offense conduct in12 volves fewer than 6 documents, or the defendant

13 committed the offense other than for profit and

14 the offense was not committed to facilitate an act

15 of international terrorism; and

16 (F) consider whether any other aggravating

17 or mitigating circumstances warrant upward or

18 downward sentencing adjustments.

19 (c) EMERGENCY AUTHORITY TO SENTENCING COMMIS20 SION.—The Commission shall promulgate the guidelines or

21 amendments provided for under this section as soon as

22 practicable in accordance with the procedure set forth in

23 section 21(a) of the Sentencing Act of 1987, as though the

24 authority under that Act had not expired.
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1 (d) EFFECTIVE DATE.—This section and the amend2 ments made by this section shall apply with respect to of3 fenses occurring on or after the date of the enactment of

4 this Act.

5 SEC. 128. CRIMINAL PENALTY FOR FALSE STATEMENT IN A

6 DOCUMENT REQUIRED UNDER THE IMMIGRA7 TION LAWS OR KNOWINGLY PRESENTING

8 DOCUMENT WHICH FAILS TO CONTAIN REA9 SONABLE BASIS IN LAW OR FACT.

10 The fourth undesignated paragraph of section 1546(a)

11 of title 18, United States Code, is amended to read as fol12 lows:

13 ‘‘Whoever knowingly makes under oath, or as per14 mitted under penalty of perjury under section 1746 of title

15 28, United States Code, knowingly subscribes as true, any

16 false statement with respect to a material fact in any appli17 cation, affidavit, or other document required by the immi18 gration laws or regulations prescribed thereunder, or know19 ingly presents any such application, affidavit, or other doc20 ument which contains any such false statement or which

21 fails to contain any reasonable basis in law or fact—’’.
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1 SEC. 129. NEW CRIMINAL PENALTIES FOR FAILURE TO DIS2 CLOSE ROLE AS PREPARER OF FALSE APPLI3 CATION FOR ASYLUM OR FOR PREPARING

4 CERTAIN POST-CONVICTION APPLICATIONS.

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

6 at the end the following new subsection:

7 ‘‘(e) CRIMINAL PENALTIES FOR FAILURE TO DIS8 CLOSE ROLE AS DOCUMENT PREPARER.—(1) Whoever, in

9 any matter within the jurisdiction of the Service under sec10 tion 208 of this Act, knowingly and willfully fails to dis11 close, conceals, or covers up the fact that they have, on behalf

12 of any person and for a fee or other remuneration, prepared

13 or assisted in preparing an application which was falsely

14 made (as defined in subsection (f)) for immigration benefits

15 pursuant to section 208 of this Act, or the regulations pro16 mulgated thereunder, shall be guilty of a felony and shall

17 be fined in accordance with title 18, United States Code,

18 imprisoned for not more than 5 years, or both, and prohib19 ited from preparing or assisting in preparing, whether or

20 not for a fee or other remuneration, any other such applica21 tion.

22 ‘‘(2) Whoever, having been convicted of a violation of

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

24 in preparing an application for immigration benefits pur25 suant to this Act, or the regulations promulgated there26 under, whether or not for a fee or other remuneration and
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1 regardless of whether in any matter within the jurisdiction

2 of the Service under section 208, shall be guilty of a felony

3 and shall be fined in accordance with title 18, United States

4 Code, imprisoned for not more than 15 years, or both, and

5 prohibited from preparing or assisting in preparing any

6 other such application.’’.

7 SEC. 130. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL

8 PENALTIES FOR DOCUMENT FRAUD.

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

10 U.S.C. 1324c(a)) is amended—

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

12 comma at the end the following: ‘‘or to obtain a bene13 fit under this Act’’;

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

15 comma at the end the following: ‘‘or to obtain a bene16 fit under this Act’’;

17 (3) in paragraph (3)—

18 (A) by inserting ‘‘or with respect to’’ after

19 ‘‘issued to’’;

20 (B) by adding before the comma at the end

21 the following: ‘‘or obtaining a benefit under this

22 Act’’; and

23 (C) by striking ‘‘or’’ at the end;

24 (4) in paragraph (4)—
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1 (A) by inserting ‘‘or with respect to’’ after

2 ‘‘issued to’’;

3 (B) by adding before the period at the end

4 the following: ‘‘or obtaining a benefit under this

5 Act’’; and

6 (C) by striking the period at the end and

7 inserting ‘‘, or’’; and

8 (5) by adding at the end the following new para9 graphs:

10 ‘‘(5) to prepare, file, or assist another in prepar11 ing or filing, any application for benefits under this

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

13 document submitted in connection with such applica14 tion or document, with knowledge or in reckless dis15 regard of the fact that such application or document

16 was falsely made or, in whole or in part, does not re17 late to the person on whose behalf it was or is being

18 submitted; or

19 ‘‘(6) to (A) present before boarding a common

20 carrier for the purpose of coming to the United States

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

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

23 document to an immigration officer upon arrival at

24 a United States port of entry.’’.
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1 (b) DEFINITION OF FALSELY MAKE.—Section 274C (8

2 U.S.C. 1324c), as amended by section 129 of this Act, is

3 further amended by adding at the end the following new

4 subsection:

5 ‘‘(f) FALSELY MAKE.—For purposes of this section, the

6 term ‘falsely make’ means to prepare or provide an applica7 tion or document, with knowledge or in reckless disregard

8 of the fact that the application or document contains a false,

9 fictitious, or fraudulent statement or material representa10 tion, or has no basis in law or fact, or otherwise fails to

11 state a fact which is material to the purpose for which it

12 was submitted.’’.

13 (c) CONFORMING AMENDMENT.—Section 274C(d)(3)

14 (8 U.S.C. 1324c(d)(3)) is amended by striking ‘‘each docu15 ment used, accepted, or created and each instance of use,

16 acceptance, or creation’’ each place it appears and inserting

17 ‘‘each document that is the subject of a violation under sub18 section (a)’’.

19 (d) ENHANCED CIVIL PENALTIES FOR DOCUMENT

20 FRAUD IF LABOR STANDARDS VIOLATIONS ARE

21 PRESENT.—Section 274C(d) (8 U.S.C. 1324c(d)) is amend22 ed by adding at the end the following new paragraph:

23 ‘‘(7) CIVIL PENALTY.—(A) The administrative

24 law judge shall have the authority to require payment

25 of a civil money penalty in an amount up to two
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1 times the level of the penalty prescribed by this sub2 section in any case where the employer has been

3 found to have committed willful or repeated violations

4 of any of the following statutes:

5 ‘‘(i) The Fair Labor Standards Act (29

6 U.S.C. 201 et seq.) pursuant to a final deter7 mination by the Secretary of Labor or a court

8 of competent jurisdiction.

9 ‘‘(ii) The Migrant and Seasonal Agricul10 tural Worker Protection Act (29 U.S.C. 1801 et

11 seq.) pursuant to a final determination by the

12 Secretary of Labor or a court of competent juris13 diction.

14 ‘‘(iii) The Family and Medical Leave Act

15 (29 U.S.C. 2601 et seq.) pursuant to a final de16 termination by the Secretary of Labor or a court

17 of competent jurisdiction.

18 ‘‘(B) The Secretary of Labor and the Attorney

19 General shall consult regarding the administration of

20 this paragraph.’’.

21 (e) WAIVER BY ATTORNEY GENERAL.—Section

22 274C(d) (8 U.S.C. 1324c(d)), as amended by subsection (d),

23 is further amended by adding at the end the following new

24 paragraph:
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1 ‘‘(8) WAIVER BY ATTORNEY GENERAL.—The At2 torney General may waive the penalties imposed by

3 this section with respect to an alien who knowingly

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

5 under section 208 or withholding of deportation

6 under section 243(h).’’.

7 (f) EFFECTIVE DATE.—

8 (1) DEFINITION OF FALSELY MAKE.—Section

9 274C(f) of the Immigration and Nationality Act, as

10 added by subsection (b), applies to the preparation of

11 applications before, on, or after the date of the enact12 ment of this Act.

13 (2) ENHANCED CIVIL PENALTIES.—The amend14 ments made by subsection (d) apply with respect to

15 offenses occurring on or after the date of the enact16 ment of this Act.

17 SEC. 131. PENALTIES FOR INVOLUNTARY SERVITUDE.

18 (a) AMENDMENTS TO TITLE 18.—Sections 1581, 1583,

19 1584, and 1588 of title 18, United States Code, are amended

20 by striking ‘‘five’’ each place it appears and inserting ‘‘10’’.

21 (b) REVIEW OF SENTENCING GUIDELINES.—The Unit22 ed States Sentencing Commission shall ascertain whether

23 there exists an unwarranted disparity—

24 (1) between the sentences for peonage, involun25 tary servitude, and slave trade offenses, and the sen-
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1 tences for kidnapping offenses in effect on the date of

2 the enactment of this Act; and

3 (2) between the sentences for peonage, involun4 tary servitude, and slave trade offenses, and the sen5 tences for alien smuggling offenses in effect on the

6 date of the enactment of this Act and after the amend7 ment made by subsection (a).

8 (c) AMENDMENT OF SENTENCING GUIDELINES.—Pur9 suant to its authority under section 994(p) of title 28, Unit10 ed States Code, the United States Sentencing Commission

11 shall review its guidelines on sentencing for peonage, invol12 untary servitude, and slave trade offenses under sections

13 1581 through 1588 of title 18, United States Code, and shall

14 amend such guidelines as necessary to—

15 (1) reduce or eliminate any unwarranted dispar16 ity found under subsection (b) that exists between the

17 sentences for peonage, involuntary servitude, and

18 slave trade offenses, and the sentences for kidnapping

19 offenses and alien smuggling offenses;

20 (2) ensure that the applicable guidelines for de21 fendants convicted of peonage, involuntary servitude,

22 and slave trade offenses are sufficiently stringent to

23 deter such offenses and adequately reflect the heinous

24 nature of such offenses; and
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1 (3) ensure that the guidelines reflect the general

2 appropriateness of enhanced sentences for defendants

3 whose peonage, involuntary servitude, or slave trade

4 offenses involve—

5 (A) a large number of victims;

6 (B) the use or threatened use of a dangerous

7 weapon; or

8 (C) a prolonged period of peonage or invol9 untary servitude.

10 (d) EMERGENCY AUTHORITY TO SENTENCING COMMIS11 SION.—The Commission shall promulgate the guidelines or

12 amendments provided for under this section as soon as

13 practicable in accordance with the procedure set forth in

14 section 21(a) of the Sentencing Act of 1987, as though the

15 authority under that Act had not expired.

16 (e) EFFECTIVE DATE.—This section and the amend17 ments made by this section shall apply with respect to of18 fenses occurring on or after the date of the enactment of

19 this Act.

20 SEC. 132. EXCLUSION RELATING TO MATERIAL SUPPORT TO

21 TERRORISTS.

22 Section 212(a)(3)(B)(iii)(III) (8 U.S.C.

23 1182(a)(3)(B)(iii)(III)) is amended by inserting ‘‘docu24 mentation or’’ before ‘‘identification’’.
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1 PART 4—EXCLUSION AND DEPORTATION

2 SEC. 141. SPECIAL EXCLUSION IN EXTRAORDINARY MIGRA3 TION SITUATIONS.

4 (a) IN GENERAL.—The Immigration and Nationality

5 Act is amended by adding after section 236 (8 U.S.C. 1226)

6 the following new section:

7 ‘‘SPECIAL EXCLUSION IN EXTRAORDINARY MIGRATION

8 SITUATIONS

9 ‘‘SEC. 236A. (a) IN GENERAL.—

10 ‘‘(1) Notwithstanding the provisions of sections

11 235(b) and 236, and subject to subsection (c), if the

12 Attorney General determines that the numbers or cir13 cumstances of aliens en route to or arriving in the

14 United States, by land, sea, or air, present an ex15 traordinary migration situation, the Attorney Gen16 eral may, without referral to a special inquiry officer,

17 order the exclusion and deportation of any alien who

18 is found to be excludable under section 212(a) (6)(C)

19 or (7).

20 ‘‘(2) As used in this section, the term ‘extraor21 dinary migration situation’ means the arrival or im22 minent arrival in the United States or its territorial

23 waters of aliens who by their numbers or cir24 cumstances substantially exceed the capacity of the

25 inspection and examination of such aliens.
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1 ‘‘(3) Subject to paragraph (4), the determination

2 whether there exists an extraordinary migration situ3 ation within the meaning of paragraphs (1) and (2)

4 is committed to the sole and exclusive discretion of the

5 Attorney General.

6 ‘‘(4) The provisions of this subsection may be in7 voked under paragraph (1) for a period not to exceed

8 90 days, unless within such 90-day period or exten9 sion thereof, the Attorney General determines, after

10 consultation with the Committees on the Judiciary of

11 the Senate and the House of Representatives, that an

12 extraordinary migration situation continues to war13 rant such procedures remaining in effect for an addi14 tional 90-day period.

15 ‘‘(5) No alien may be ordered specially excluded

16 under paragraph (1) if—

17 ‘‘(A) such alien is eligible to seek asylum

18 under section 208; and

19 ‘‘(B) the Attorney General determines, in

20 the procedure described in subsection (b), that

21 such alien has a credible fear of persecution on

22 account of race, religion, nationality, member23 ship in a particular social group or political

24 opinion in the country of such person’s national25 ity, or in the case of a person having no nation-
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1 ality, the country in which such person last ha2 bitually resided.

3 ‘‘(6) A special exclusion order entered in accord4 ance with the provisions of this section is not subject

5 to administrative review other than as provided in

6 this section, except that the Attorney General shall

7 provide by regulation for a prompt administrative re8 view of such an order against an applicant who

9 claims under oath, or as permitted under penalty of

10 perjury under section 1746 of title 28, United States

11 Code, after having been warned of the penalties for

12 falsely making such claim under such conditions, to

13 have been, and appears to have been, lawfully admit14 ted for permanent residence.

15 ‘‘(7) A special exclusion order entered in accord16 ance with the provisions of this section shall have the

17 same effect as if the alien had been ordered excluded

18 and deported pursuant to section 236.

19 ‘‘(8) Nothing in this subsection shall be construed

20 as requiring an inquiry before a special inquiry offi21 cer in the case of an alien crewman.

22 ‘‘(b) PROCEDURE FOR USING SPECIAL EXCLUSION.—

23 (1) When the Attorney General has determined pursuant

24 to this section that an extraordinary migration situation

25 exists and an alien subject to special exclusion under such
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1 section has indicated a desire to apply for asylum or with2 holding of deportation under section 243(h) or has indi3 cated a fear of persecution upon return, the immigration

4 officer shall refer the matter to an asylum officer.

5 ‘‘(2) Such asylum officer shall interview the alien to

6 determine whether the alien has a credible fear of persecu7 tion (or of return to persecution) in or from the country

8 of such alien’s nationality, or in the case of a person having

9 no nationality, the country in which such alien last habit10 ually resided.

11 ‘‘(3) The Attorney General shall provide information

12 concerning the procedures described in this section to any

13 alien who is subject to such provisions. The alien may con14 sult with or be represented by a person or persons of the

15 alien’s choosing according to regulations prescribed by the

16 Attorney General. Such consultation and representation

17 shall be at no expense to the Government and shall not un18 reasonably delay the process.

19 ‘‘(4) The application for asylum or withholding of de20 portation of an alien who has been determined under the

21 procedure described in paragraph (2) to have a credible fear

22 of persecution shall be determined in due course by a special

23 inquiry officer during a hearing on the exclusion of such

24 alien.
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1 ‘‘(5) If the officer determines that the alien does not

2 have a credible fear of persecution in (or of return to perse3 cution from) the country or countries referred to in para4 graph (2), the alien may be specially excluded and deported

5 in accordance with this section.

6 ‘‘(6) The Attorney General shall provide by regulation

7 for a single level of administrative appellate review of a

8 special exclusion order entered in accordance with the pro9 visions of this section.

10 ‘‘(7) As used in this section, the term ‘asylum officer’

11 means an immigration officer who—

12 ‘‘(A) has had extensive professional training in

13 country conditions, asylum law, and interview tech14 niques;

15 ‘‘(B) has had at least one year of experience ad16 judicating affirmative asylum applications of aliens

17 who are not in special exclusion proceedings; and

18 ‘‘(C) is supervised by an officer who meets the

19 qualifications described in subparagraphs (A) and

20 (B).

21 ‘‘(8) As used in this section, the term ‘credible fear of

22 persecution’ means that, in light of statements and evidence

23 produced by the alien in support of the alien’s claim, and

24 of such other facts as are known to the officer about country

25 conditions, a claim by the alien that the alien is eligible
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1 for asylum under section 208 would not be manifestly un2 founded.

3 ‘‘(c) ALIENS FLEEING ONGOING ARMED CONFLICT,

4 TORTURE, SYSTEMATIC PERSECUTION, AND OTHER DEPRI5 VATIONS OF HUMAN RIGHTS.—Notwithstanding any other

6 provision of this section, the Attorney General may, in the

7 Attorney General’s discretion, proceed in accordance with

8 section 236 with regard to any alien fleeing from a country

9 where—

10 ‘‘(1) the government (or a group within the

11 country that the government is unable or unwilling to

12 control) engages in—

13 ‘‘(A) torture or other cruel, inhuman, or de14 grading treatment or punishment;

15 ‘‘(B) prolonged arbitrary detention without

16 charges or trial;

17 ‘‘(C) abduction, forced disappearance or

18 clandestine detention; or

19 ‘‘(D) systematic persecution; or

20 ‘‘(2) an ongoing armed conflict or other extraor21 dinary conditions would pose a serious threat to the

22 alien’s personal safety.’’.

23 (b) CONFORMING AMENDMENTS.—(1)(A) Section

24 235(b) of the Immigration and Nationality Act (8 U.S.C.

25 1225b) is amended to read as follows:
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1 ‘‘(b) Every alien (other than an alien crewman), and

2 except as otherwise provided in subsection (c) of this section

3 and in section 273(d), who may not appear to the examin4 ing officer at the port of arrival to be clearly and beyond

5 a doubt entitled to land shall be detained for further inquiry

6 to be conducted by a special inquiry officer. The decision

7 of the examining immigration officer, if favorable to the ad8 mission of any alien, shall be subject to challenge by any

9 other immigration officer and such challenge shall operate

10 to take the alien, whose privilege to land is so challenged,

11 before a special inquiry officer.’’.

12 (B) Section 237(a) of the Immigration and National13 ity Act (8 U.S.C. 1227a) is amended—

14 (i) in the second sentence of paragraph (1), by

15 striking ‘‘Subject to section 235(b)(1), deportation’’

16 and inserting ‘‘Deportation’’; and

17 (ii) in the first sentence of paragraph (2), by

18 striking ‘‘Subject to section (b)(1), if’’ and inserting

19 ‘‘If’’.

20 (2)(A) Section 106 of the Immigration and National21 ity Act (8 U.S.C. 1105a) is amended—

22 (i) by striking subsection (e); and

23 (ii) by amending the section heading to read as

24 follows: ‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTA25 TION AND EXCLUSION’’.
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1 (B) Section 235(d) (8 U.S.C. 1225d) is repealed.

2 (C) The item relating to section 106 in the table of

3 contents of the Immigration and Nationality Act is amend4 ed to read as follows:

‘‘106. Judicial review of orders of deportation and exclusion.’’.

5 (3) Section 241(d) (8 U.S.C. 1251d) is repealed.

6 SEC. 142. JUDICIAL REVIEW OF ORDERS OF EXCLUSION

7 AND DEPORTATION.

8 (a) IN GENERAL.—Section 106 (8 U.S.C. 1105a) is

9 amended to read as follows:

10 ‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION,

11 EXCLUSION, AND SPECIAL EXCLUSION

12 ‘‘SEC. 106. (a) APPLICABLE PROVISIONS.—Except as

13 provided in subsection (b), judicial review of a final order

14 of exclusion or deportation is governed only by chapter 158

15 of title 28 of the United States Code, but in no such review

16 may a court order the taking of additional evidence pursu17 ant to section 2347(c) of title 28, United States Code.

18 ‘‘(b) REQUIREMENTS.—(1)(A) A petition for judicial

19 review must be filed not later than 30 days after the date

20 of the final order of exclusion or deportation, except that

21 in the case of any specially deportable criminal alien (as

22 defined in section 242(k)), there shall be no judicial review

23 of any final order of deportation.

24 ‘‘(B) The alien shall serve and file a brief in connection

25 with a petition for judicial review not later than 40 days
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1 after the date on which the administrative record is avail2 able, and may serve and file a reply brief not later than

3 14 days after service of the brief of the Attorney General,

4 and the court may not extend these deadlines except upon

5 motion for good cause shown. Judicial review of all ques6 tions of law and fact, including interpretation and applica7 tion of constitutional and statutory provisions, arising

8 from any action taken or proceeding brought to exclude or

9 deport an alien from the United States under title II of

10 this Act shall be available only in the judicial review of

11 a final order of exclusion or deportation under this section.

12 If a petition filed under this section raises a Constitutional

13 issue that the court of appeals finds presents a genuine issue

14 of material fact that cannot be resolved on the basis of the

15 administrative record, the court shall transfer the proceed16 ing to the district court of the United States for the judicial

17 district in which the petitioner resides or is detained for

18 a new hearing on the Constitutional claim as if the proceed19 ings were originally initiated in district court. The proce20 dure in these cases in the district court is governed by the

21 Federal Rules of Civil Procedure.

22 ‘‘(C) If an alien fails to file a brief in connection with

23 a petition for judicial review within the time provided in

24 this paragraph, the Attorney General may move to dismiss
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1 the appeal, and the court shall grant such motion unless

2 a manifest injustice would result.

3 ‘‘(2) A petition for judicial review shall be filed with

4 the court of appeals for the judicial circuit in which the

5 special inquiry officer completed the proceedings.

6 ‘‘(3) The respondent of a petition for judicial review

7 shall be the Attorney General. The petition shall be served

8 on the Attorney General and on the officer or employee of

9 the Immigration and Naturalization Service in charge of

10 the Service district in which the final order of exclusion

11 or deportation was entered. Service of the petition on the

12 officer or employee does not stay the deportation of an alien

13 pending the court’s decision on the petition, unless the court

14 orders otherwise.

15 ‘‘(4)(A) Except as provided in paragraph (5)(B), the

16 court of appeals shall decide the petition only on the admin17 istrative record on which the order of exclusion or deporta18 tion is based and the Attorney General’s findings of fact

19 shall be conclusive unless a reasonable adjudicator would

20 be compelled to conclude to the contrary.

21 ‘‘(B) The Attorney General’s discretionary judgment

22 whether to grant relief under section 212 (c) or (i), 244

23 (a) or (d), or 245 shall be conclusive and shall not be subject

24 to review.
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1 ‘‘(C) The Attorney General’s discretionary judgment

2 whether to grant relief under section 208(a) shall be conclu3 sive unless manifestly contrary to law and an abuse of dis4 cretion.

5 ‘‘(5)(A) If the petitioner claims to be a national of the

6 United States and the court of appeals finds from the plead7 ings and affidavits that no genuine issue of material fact

8 about the petitioner’s nationality is presented, the court

9 shall decide the nationality claim.

10 ‘‘(B) If the petitioner claims to be a national of the

11 United States and the court of appeals finds that a genuine

12 issue of material fact about the petitioner’s nationality is

13 presented, the court shall transfer the proceeding to the dis14 trict court of the United States for the judicial district in

15 which the petitioner resides for a new hearing on the na16 tionality claim and a decision on that claim as if an action

17 had been brought in the district court under section 2201

18 of title 28, United States Code.

19 ‘‘(C) The petitioner may have the nationality claim

20 decided only as provided in this section.

21 ‘‘(6)(A) If the validity of an order of deportation has

22 not been judicially decided, a defendant in a criminal pro23 ceeding charged with violating subsection (d) or (e) of sec24 tion 242 may challenge the validity of the order in the

25 criminal proceeding only by filing a separate motion before
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1 trial. The district court, without a jury, shall decide the

2 motion before trial.

3 ‘‘(B) If the defendant claims in the motion to be a na4 tional of the United States and the district court finds that

5 no genuine issue of material fact about the defendant’s na6 tionality is presented, the court shall decide the motion only

7 on the administrative record on which the deportation order

8 is based. The administrative findings of fact are conclusive

9 if supported by reasonable, substantial, and probative evi10 dence on the record considered as a whole.

11 ‘‘(C) If the defendant claims in the motion to be a na12 tional of the United States and the district court finds that

13 a genuine issue of material fact about the defendant’s na14 tionality is presented, the court shall hold a new hearing

15 on the nationality claim and decide that claim as if an

16 action had been brought under section 2201 of title 28,

17 United States Code.

18 ‘‘(D) If the district court rules that the deportation

19 order is invalid, the court shall dismiss the indictment. The

20 United States Government may appeal the dismissal to the

21 court of appeals for the appropriate circuit within 30 days.

22 The defendant may not file a petition for review under this

23 section during the criminal proceeding. The defendant may

24 have the nationality claim decided only as provided in this

25 section.
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1 ‘‘(7) This subsection—

2 ‘‘(A) does not prevent the Attorney General, after

3 a final order of deportation has been issued, from de4 taining the alien under section 242(c);

5 ‘‘(B) does not relieve the alien from complying

6 with subsection (d) or (e) of section 242; and

7 ‘‘(C) except as provided in paragraph (3), does

8 not require the Attorney General to defer deportation

9 of the alien.

10 ‘‘(8) The record and briefs do not have to be printed.

11 The court of appeals shall review the proceeding on a type12 written record and on typewritten briefs.

13 ‘‘(c) REQUIREMENTS FOR PETITION.—A petition for

14 review of an order of exclusion or deportation shall state

15 whether a court has upheld the validity of the order, and,

16 if so, shall state the name of the court, the date of the court’s

17 ruling, and the kind of proceeding.

18 ‘‘(d) REVIEW OF FINAL ORDERS.—

19 ‘‘(1) A court may review a final order of exclu20 sion or deportation only if—

21 ‘‘(A) the alien has exhausted all administra22 tive remedies available to the alien as a matter

23 of right; and

24 ‘‘(B) another court has not decided the va25 lidity of the order, unless, subject to paragraph
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1 (2), the reviewing court finds that the petition

2 presents grounds that could not have been pre3 sented in the prior judicial proceeding or that

4 the remedy provided by the prior proceeding was

5 inadequate or ineffective to test the validity of

6 the order.

7 ‘‘(2) Nothing in paragraph (1)(B) may be con8 strued as creating a right of review if such review

9 would be inconsistent with subsection (e), (f), or (g),

10 or any other provision of this section.

11 ‘‘(e) NO JUDICIAL REVIEW FOR ORDERS OF DEPORTA12 TION OR EXCLUSION ENTERED AGAINST CERTAIN CRIMI13 NAL ALIENS.—Notwithstanding any other provision of law,

14 any order of exclusion or deportation against an alien who

15 is excludable or deportable by reason of having committed

16 any criminal offense described in subparagraph (A)(iii),

17 (B), (C), or (D) of section 241(a)(2), or two or more offenses

18 described in section 241(a)(2)(A)(ii), at least two of which

19 resulted in a sentence or confinement described in section

20 241(a)(2)(A)(i)(II), is not subject to review by any court.

21 ‘‘(f) NO COLLATERAL ATTACK.—In any action brought

22 for the assessment of penalties for improper entry or reentry

23 of an alien under section 275 or 276, no court shall have

24 jurisdiction to hear claims attacking the validity of orders
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1 of exclusion, special exclusion, or deportation entered under

2 section 235, 236, or 242.’’.

3 (b) RESCISSION OF ORDER.—Section 242B(c)(3) (8

4 U.S.C. 1252b(c)(3)) is amended by striking the period at

5 the end and inserting ‘‘by the special inquiry officer, but

6 there shall be no stay pending further administrative or ju7 dicial review, unless ordered because of individually com8 pelling circumstances.’’.

9 (c) CLERICAL AMENDMENT.—The table of contents of

10 the Act is amended by amending the item relating to section

11 106 to read as follows:

‘‘Sec. 106. Judicial review of orders of deportation, exclusion, and special exclusion.’’.

12 (d) EFFECTIVE DATE.—The amendments made by

13 subsections (a) and (b) shall apply to all final orders of

14 exclusion or deportation entered, and motions to reopen

15 filed, on or after the date of the enactment of this Act.

16 SEC. 143. CIVIL PENALTIES AND VISA INELIGIBILITY, FOR

17 FAILURE TO DEPART.

18 (a) ALIENS SUBJECT TO AN ORDER OF EXCLUSION OR

19 DEPORTATION.—The Immigration and Nationality Act is

20 amended by inserting after section 274C (8 U.S.C. 1324c)

21 the following new section:

22 ‘‘CIVIL PENALTIES FOR FAILURE TO DEPART

23 ‘‘SEC. 274D. (a) Any alien subject to a final order of

24 exclusion and deportation or deportation who—
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1 ‘‘(1) willfully fails or refuses to—

2 ‘‘(A) depart on time from the United States

3 pursuant to the order;

4 ‘‘(B) make timely application in good faith

5 for travel or other documents necessary for de6 parture; or

7 ‘‘(C) present himself or herself for deporta8 tion at the time and place required by the Attor9 ney General; or

10 ‘‘(2) conspires to or takes any action designed to

11 prevent or hamper the alien’s departure pursuant to

12 the order,

13 shall pay a civil penalty of not more than $500 to the Com14 missioner for each day the alien is in violation of this sec15 tion.

16 ‘‘(b) The Commissioner shall deposit amounts received

17 under subsection (a) as offsetting collections in the appro18 priate appropriations account of the Service.

19 ‘‘(c) Nothing in this section shall be construed to di20 minish or qualify any penalties to which an alien may be

21 subject for activities proscribed by section 242(e) or any

22 other section of this Act.’’.

23 (b) VISA OVERSTAYER.—The Immigration and Na24 tionality Act is amended in section 212 (8 U.S.C. 1182)

25 by inserting the following new subsection:
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1 ‘‘(p)(1) Any lawfully admitted nonimmigrant who re2 mains in the United States for more than 60 days beyond

3 the period authorized by the Attorney General shall be ineli4 gible for additional nonimmigrant or immigrant visas

5 (other than visas available for spouses of United States citi6 zens or aliens lawfully admitted for permanent residence)

7 until the date that is—

8 ‘‘(A) 3 years after the date the nonimmigrant de9 parts the United States in the case of a non10 immigrant not described in paragraph (2); or

11 ‘‘(B) 5 years after the date the nonimmigrant de12 parts the United States in the case of a non13 immigrant who without reasonable cause fails or re14 fuses to attend or remain in attendance at a proceed15 ing to determine the nonimmigrant’s deportability.

16 ‘‘(2)(A) Paragraph (1) shall not apply to any lawfully

17 admitted nonimmigrant who is described in paragraph

18 (1)(A) and who demonstrates good cause for remaining in

19 the United States for the entirety of the period (other than

20 the first 60 days) during which the nonimmigrant re21 mained in the United States without the authorization of

22 the Attorney General.

23 ‘‘(B) A final order of deportation shall not be stayed

24 on the basis of a claim of good cause made under this sub25 section.
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1 ‘‘(3) The Attorney General shall by regulation establish

2 procedures necessary to implement this section.’’.

3 (c) EFFECTIVE DATE.—Subsection (b) shall take effect

4 on the date of implementation of the automated entry-exit

5 control system described in section 201, or on the date that

6 is 2 years after the date of enactment of this Act, whichever

7 is earlier.

8 (d) AMENDMENTS TO TABLE OF CONTENTS.—The table

9 of contents of the Act is amended by inserting after the item

10 relating to section 274C the following:

‘‘Sec. 274D. Civil penalties for failure to depart.’’.

11 SEC. 144. CONDUCT OF PROCEEDINGS BY ELECTRONIC

12 MEANS.

13 Section 242(b) (8 U.S.C. 1252(b)) is amended by in14 serting at the end the following new sentences: ‘‘Nothing in

15 this subsection precludes the Attorney General from author16 izing proceedings by video electronic media, by telephone,

17 or, where a requirement for the alien’s appearance is

18 waived or the alien’s absence is agreed to by the parties,

19 in the absence of the alien. Contested full evidentiary hear20 ings on the merits may be conducted by telephone only with

21 the consent of the alien.’’.

22 SEC. 145. SUBPOENA AUTHORITY.

23 (a) EXCLUSION PROCEEDINGS.—Section 236(a) (8

24 U.S.C. 1226(a)) is amended in the first sentence by insert25 ing ‘‘issue subpoenas,’’ after ‘‘evidence,’’.
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1 (b) DEPORTATION PROCEEDINGS.—Section 242(b) (8

2 U.S.C. 1252(b)) is amended in the first sentence by insert3 ing ‘‘issue subpoenas,’’ after ‘‘evidence,’’.

4 SEC. 146. LANGUAGE OF DEPORTATION NOTICE; RIGHT TO

5 COUNSEL.

6 (a) LANGUAGE OF NOTICE.—Section 242B (8 U.S.C.

7 1252b) is amended in subsection (a)(3) by striking ‘‘under

8 this subsection’’ and all that follows through ‘‘(B)’’ and in9 serting ‘‘under this subsection’’.

10 (b) PRIVILEGE OF COUNSEL.—(1) Section 242B(b)(1)

11 (8 U.S.C. 1252b(b)(1)) is amended by inserting before the

12 period at the end the following: ‘‘, except that a hearing

13 may be scheduled as early as 3 days after the service of

14 the order to show cause if the alien has been continued in

15 custody subject to section 242’’.

16 (2) The parenthetical phrase in section 292 (8 U.S.C.

17 1362) is amended to read as follows: ‘‘(at no expense to the

18 Government or unreasonable delay to the proceedings)’’.

19 (3) Section 242B(b) (8 U.S.C. 1252b(b)) is further

20 amended by inserting at the end the following new para21 graph:

22 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this

23 subsection may be construed to prevent the Attorney

24 General from proceeding against an alien pursuant to

25 section 242 if the time period described in paragraph
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1 (1) has elapsed and the alien has failed to secure

2 counsel.’’.

3 SEC. 147. ADDITION OF NONIMMIGRANT VISAS TO TYPES OF

4 VISA DENIED FOR COUNTRIES REFUSING TO

5 ACCEPT DEPORTED ALIENS.

6 (a) IN GENERAL.—Section 243(g) (8 U.S.C. 1253(g))

7 is amended to read as follows:

8 ‘‘(g)(1) If the Attorney General determines that any

9 country upon request denies or unduly delays acceptance

10 of the return of any alien who is a national, citizen, subject,

11 or resident thereof, the Attorney General shall notify the

12 Secretary of such fact, and thereafter, subject to paragraph

13 (2), neither the Secretary of State nor any consular officer

14 shall issue an immigrant or nonimmigrant visa to any na15 tional, citizen, subject, or resident of such country.

16 ‘‘(2) The Secretary of State may waive the application

17 of paragraph (1) if the Secretary determines that such a

18 waiver is necessary to comply with the terms of a treaty

19 or international agreement or is in the national interest

20 of the United States.’’.

21 (b) EFFECTIVE DATE.—The amendment made by sub22 section (a) shall apply to countries for which the Secretary

23 of State gives instructions to United States consular officers

24 on or after the date of the enactment of this Act.
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1 SEC. 148. AUTHORIZATION OF SPECIAL FUND FOR COSTS

2 OF DEPORTATION.

3 In addition to any other funds otherwise available in

4 any fiscal year for such purpose, there are authorized to

5 be appropriated to the Immigration and Naturalization

6 Service $10,000,000 for use without fiscal year limitation

7 for the purpose of—

8 (1) executing final orders of deportation pursu9 ant to sections 242 and 242A of the Immigration and

10 Nationality Act (8 U.S.C. 1252 and 1252a); and

11 (2) detaining aliens prior to the execution of

12 final orders of deportation issued under such sections.

13 SEC. 149. PILOT PROGRAM TO INCREASE EFFICIENCY IN RE14 MOVAL OF DETAINED ALIENS.

15 (a) AUTHORITY.—The Attorney General shall conduct

16 one or more pilot programs to study methods for increasing

17 the efficiency of deportation and exclusion proceedings

18 against detained aliens by increasing the availability of pro

19 bono counseling and representation for such aliens. Any

20 such pilot program may provide for administrative grants

21 to not-for-profit organizations involved in the counseling

22 and representation of aliens in immigration proceedings.

23 An evaluation component shall be included in any such

24 pilot program to test the efficiency and cost-effectiveness of

25 the services provided and the replicability of such programs

26 at other locations.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated to the Department of Justice

3 such sums as may be necessary to carry out the program

4 or programs described in subsection (a).

5 (c) STATUTORY CONSTRUCTION.—Nothing in this sec6 tion may be construed as creating a right for any alien

7 to be represented in any exclusion or deportation proceeding

8 at the expense of the Government.

9 SEC. 150. LIMITATIONS ON RELIEF FROM EXCLUSION AND

10 DEPORTATION.

11 (a) LIMITATION.—Section 212(c) (8 U.S.C. 1182(c)) is

12 amended to read as follows:

13 ‘‘(c)(1) Subject to paragraphs (2) through (5), an alien

14 who is and has been lawfully admitted for permanent resi15 dence for at least 5 years, who has resided in the United

16 States continuously for 7 years after having been lawfully

17 admitted, and who is returning to such residence after hav18 ing temporarily proceeded abroad voluntarily and not

19 under an order of deportation, may be admitted in the dis20 cretion of the Attorney General without regard to the provi21 sions of subsection (a) (other than paragraphs (3) and

22 (9)(C)).

23 ‘‘(2) For purposes of this subsection, any period of con24 tinuous residence shall be deemed to end when the alien is
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1 placed in proceedings to exclude or deport the alien from

2 the United States.

3 ‘‘(3) Nothing contained in this subsection shall limit

4 the authority of the Attorney General to exercise the discre5 tion authorized under section 211(b).

6 ‘‘(4) Paragraph (1) shall not apply to an alien who

7 has been convicted of one or more aggravated felonies and

8 has been sentenced for such felony or felonies to a term or

9 terms of imprisonment totalling, in the aggregate, at least

10 5 years.

11 ‘‘(5) This subsection shall apply only to an alien in

12 proceedings under section 236.’’.

13 (b) CANCELLATION OF DEPORTATION.—Section 244 (8

14 U.S.C. 1254) is amended to read as follows:

15 ‘‘CANCELLATION OF DEPORTATION; ADJUSTMENT OF

16 STATUS; VOLUNTARY DEPARTURE

17 ‘‘SEC. 244. (a) CANCELLATION OF DEPORTATION.—(1)

18 The Attorney General may, in the Attorney General’s dis19 cretion, cancel deportation in the case of an alien who is

20 deportable from the United States and—

21 ‘‘(A) is, and has been for at least 5 years, a law22 ful permanent resident; has resided in the United

23 States continuously for not less than 7 years after

24 being lawfully admitted; and has not been convicted

25 of an aggravated felony or felonies for which the alien
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1 has been sentenced to a term or terms of imprison2 ment totaling, in the aggregate, at least 5 years;

3 ‘‘(B) has been physically present in the United

4 States for a continuous period of not less than 7 years

5 since entering the United States; has been a person of

6 good moral character during such period; and estab7 lishes that deportation would result in extreme hard8 ship to the alien or the alien’s spouse, parent, or

9 child, who is a citizen or national of the United

10 States or an alien lawfully admitted for permanent

11 residence;

12 ‘‘(C) has been physically present in the United

13 States for a continuous period of not less than three

14 years since entering the United States; has been bat15 tered or subjected to extreme cruelty in the United

16 States by a spouse or parent who is a United States

17 citizen or lawful permanent resident (or is the parent

18 of a child who is a United States citizen or lawful

19 permanent resident and the child has been battered or

20 subjected to extreme cruelty in the United States by

21 such citizen or permanent resident parent); has been

22 a person of good moral character during all of such

23 period in the United States; and establishes that de24 portation would result in extreme hardship to the

25 alien or the alien’s parent or child; or
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1 ‘‘(D) is deportable under paragraph (2) (A), (B),

2 or (D), or paragraph (3) of section 241(a); has been

3 physically present in the United States for a continu4 ous period of not less than 10 years immediately fol5 lowing the commission of an act, or the assumption

6 of a status, constituting a ground for deportation,

7 and proves that during all of such period he has been

8 a person of good moral character; and is a person

9 whose deportation would, in the opinion of the Attor10 ney General, result in exceptional and extremely un11 usual hardship to the alien or to his spouse, parent,

12 or child, who is a citizen of the United States or an

13 alien lawfully admitted for permanent residence.

14 ‘‘(2)(A) For purposes of paragraph (1), any period of

15 continuous residence or continuous physical presence in the

16 United States shall be deemed to end when the alien is

17 served an order to show cause pursuant to section 242 or

18 242B.

19 ‘‘(B) An alien shall be considered to have failed to

20 maintain continuous physical presence in the United States

21 under paragraph (1) (B), (C), or (D) if the alien was absent

22 from the United States for any single period of more than

23 90 days or an aggregate period of more than 180 days.
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1 ‘‘(C) A person who is deportable under section

2 241(a)(2)(C) or 241(a)(4) shall not be eligible for relief

3 under this section.

4 ‘‘(D) A person who is deportable under section

5 241(a)(2) (A), (B), or (D) or section 241(a)(3) shall not

6 be eligible for relief under paragraph (1) (B), or (D).

7 ‘‘(E) A person who has been convicted of an aggravated

8 felony shall not be eligible for relief under paragraph (1)

9 (B), or (C), (D).

10 ‘‘(F) A person who is deportable under section

11 241(a)(1)(G) shall not be eligible for relief under paragraph

12 (1)(C).

13 ‘‘(b) CONTINUOUS PHYSICAL PRESENCE NOT RE14 QUIRED BECAUSE OF HONORABLE SERVICE IN ARMED

15 FORCES AND PRESENCE UPON ENTRY INTO SERVICE.—The

16 requirements of continuous residence or continuous physical

17 presence in the United States specified in subsection (a)(1)

18 (A) and (B) shall not be applicable to an alien who—

19 ‘‘(1) has served for a minimum period of 24

20 months in an active-duty status in the Armed Forces

21 of the United States and, if separated from such serv22 ice, was separated under honorable conditions, and

23 ‘‘(2) at the time of his or her enlistment or in24 duction, was in the United States.
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1 ‘‘(c) ADJUSTMENT OF STATUS.—The Attorney General

2 may cancel deportation and adjust to the status of an alien

3 lawfully admitted for permanent residence any alien who

4 the Attorney General determines meets the requirements of

5 subsection (a)(1) (B), (C), or (D). The Attorney General

6 shall record the alien’s lawful admission for permanent res7 idence as of the date the Attorney General decides to cancel

8 such alien’s removal.

9 ‘‘(d) ALIEN CREWMEN; NONIMMIGRANT EXCHANGE

10 ALIENS ADMITTED TO RECEIVE GRADUATE MEDICAL EDU11 CATION OR TRAINING; OTHER.—The provisions of sub12 section (a) shall not apply to an alien who—

13 ‘‘(1) entered the United States as a crewman

14 after June 30, 1964;

15 ‘‘(2) was admitted to the United States as a non16 immigrant alien described in section 101(a)(15)(J),

17 or has acquired the status of such a nonimmigrant

18 alien after admission, in order to receive graduate

19 medical education or training, without regard to

20 whether or not the alien is subject to or has fulfilled

21 the two-year foreign residence requirement of section

22 212(e); or

23 ‘‘(3)(A) was admitted to the United States as a

24 nonimmigrant alien described in section

25 101(a)(15)(J), or has acquired the status of such a
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1 nonimmigrant alien after admission, other than to re2 ceive graduate medical education or training;

3 ‘‘(B) is subject to the two-year foreign residence

4 requirement of section 212(e); and

5 ‘‘(C) has not fulfilled that requirement or re6 ceived a waiver thereof, or, in the case of a foreign

7 medical graduate who has received a waiver pursuant

8 to section 220 of the Immigration and Nationality

9 Technical Corrections Act of 1994 (Public Law 103–

10 416), has not fulfilled the requirements of section

11 214(k).

12 ‘‘(e) VOLUNTARY DEPARTURE.—(1)(A) The Attorney

13 General may permit an alien voluntarily to depart the

14 United States at the alien’s own expense—

15 ‘‘(i) in lieu of being subject to deportation pro16 ceedings under section 242 or prior to the completion

17 of such proceedings, if the alien is not a person de18 portable under section 241(a)(2)(A)(iii) or section

19 241(a)(4); or

20 ‘‘(ii) after the completion of deportation proceed21 ings under section 242, only if a special inquiry offi22 cer determines that—

23 ‘‘(I) the alien is, and has been for at least

24 5 years immediately preceding the alien’s appli-
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1 cation for voluntary departure, a person of good

2 moral character;

3 ‘‘(II) the alien is not deportable under sec4 tion 241(a)(2)(A)(iii) or section 241(a)(4); and

5 ‘‘(III) the alien establishes by clear and con6 vincing evidence that the alien has the means to

7 depart the United States and intends to do so.

8 ‘‘(B)(i) In the case of departure pursuant to subpara9 graph (A)(i), the Attorney General may require the alien

10 to post a voluntary departure bond, to be surrendered upon

11 proof that the alien has departed the United States within

12 the time specified.

13 ‘‘(ii) If any alien who is authorized to depart volun14 tarily under this paragraph is financially unable to depart

15 at the alien’s own expense and the Attorney General deems

16 the alien’s removal to be in the best interest of the United

17 States, the expense of such removal may be paid from the

18 appropriation for enforcement of this Act.

19 ‘‘(C) In the case of departure pursuant to subpara20 graph (A)(ii), the alien shall be required to post a voluntary

21 departure bond, in an amount necessary to ensure that the

22 alien will depart, to be surrendered upon proof that the

23 alien has departed the United States within the time speci24 fied.
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1 ‘‘(2) If the alien fails voluntarily to depart the United

2 States within the time period specified in accordance with

3 paragraph (1), the alien shall be subject to a civil penalty

4 of not more than $500 per day and shall be ineligible for

5 any further relief under this subsection or subsection (a).

6 ‘‘(3)(A) The Attorney General may by regulation limit

7 eligibility for voluntary departure for any class or classes

8 of aliens.

9 ‘‘(B) No court may review any regulation issued under

10 subparagraph (A).

11 ‘‘(4) No court shall have jurisdiction over an appeal

12 from denial of a request for an order of voluntary departure

13 under paragraph (1), nor shall any court order a stay of

14 an alien’s removal pending consideration of any claim with

15 respect to voluntary departure.’’.

16 (c) CONFORMING AMENDMENTS.—(1) Section 242(b)

17 (8 U.S.C. 1252(b)) is amended by striking the last two sen18 tences.

19 (2) Section 242B (8 U.S.C. 1252b) is amended—

20 (A) in subsection (e)(2), by striking ‘‘section

21 244(e)(1)’’ and inserting ‘‘section 244(e)’’; and

22 (B) in subsection (e)(5)—

23 (i) by striking ‘‘suspension of deportation’’

24 and inserting ‘‘cancellation of deportation’’; and

25 (ii) by inserting ‘‘244,’’ before ‘‘245’’.
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1 (d) AMENDMENT TO THE TABLE OF CONTENTS.—The

2 table of contents of the Act is amended by amending the

3 item relating to section 244 to read as follows:

‘‘Sec. 244. Cancellation of deportation; adjustment of status; voluntary departure.’’.

4 (e) EFFECTIVE DATES.—(1) The amendments made by

5 subsection (a) shall take effect on the date of the enactment

6 of this Act, and shall apply to all applications for relief

7 under section 212(c) of the Immigration and Nationality

8 Act (8 U.S.C. 1182(c)), except that, for purposes of deter9 mining the period of continuous residence, the amendments

10 made by subsection (a) shall apply to all aliens against

11 whom proceedings are commenced on or after the date of

12 the enactment of this Act.

13 (2) The amendments made by subsection (b) shall take

14 effect on the date of the enactment of this Act, and shall

15 apply to all applications for relief under section 244 of the

16 Immigration and Nationality Act (8 U.S.C. 1254), except

17 that, for purposes of determining the periods of continuous

18 residence or continuous physical presence, the amendments

19 made by subsection (b) shall apply to all aliens upon whom

20 an order to show cause is served on or after the date of

21 the enactment of this Act.

22 (3) The amendments made by subsection (c) shall take

23 effect on the date of the enactment of this Act.
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1 SEC. 151. ALIEN STOWAWAYS.

2 (a) DEFINITION.—Section 101(a) (8 U.S.C. 1101) is

3 amended by adding the following new paragraph:

4 ‘‘(47) The term ‘stowaway’ means any alien who ob5 tains transportation without the consent of the owner,

6 charterer, master, or person in command of any vessel or

7 aircraft through concealment aboard such vessel or aircraft.

8 A passenger who boards with a valid ticket is not to be

9 considered a stowaway.’’.

10 (b) EXCLUDABILITY.—Section 237 (8 U.S.C. 1227) is

11 amended—

12 (1) in subsection (a)(1), before the period at the

13 end of the first sentence, by inserting the following: ‘‘,

14 or unless the alien is an excluded stowaway who has

15 applied for asylum or withholding of deportation and

16 whose application has not been adjudicated or whose

17 application has been denied but who has not ex18 hausted every appeal right’’; and

19 (2) by inserting after the first sentence in sub20 section (a)(1) the following new sentences: ‘‘Any alien

21 stowaway inspected upon arrival in the United States

22 is an alien who is excluded within the meaning of

23 this section. For purposes of this section, the term

24 ‘alien’ includes an excluded stowaway. The provisions

25 of this section concerning the deportation of an ex-
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1 cluded alien shall apply to the deportation of a stow2 away under section 273(d).’’.

3 (c) CARRIER LIABILITY FOR COSTS OF DETENTION.—

4 Section 273(d) (8 U.S.C. 1323(d)) is amended to read as

5 follows:

6 ‘‘(d)(1) It shall be the duty of the owner, charterer,

7 agent, consignee, commanding officer, or master of any ves8 sel or aircraft arriving at the United States from any place

9 outside the United States to detain on board or at such

10 other place as may be designated by an immigration officer

11 any alien stowaway until such stowaway has been inspected

12 by an immigration officer.

13 ‘‘(2) Upon inspection of an alien stowaway by an im14 migration officer, the Attorney General may by regulation

15 take immediate custody of any stowaway and shall charge

16 the owner, charterer, agent, consignee, commanding officer,

17 or master of the vessel or aircraft on which the stowaway

18 has arrived the costs of detaining the stowaway.

19 ‘‘(3) It shall be the duty of the owner, charterer, agent,

20 consignee, commanding officer, or master of any vessel or

21 aircraft arriving at the United States from any place out22 side the United States to deport any alien stowaway on

23 the vessel or aircraft on which such stowaway arrived or

24 on another vessel or aircraft at the expense of the vessel or
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1 aircraft on which such stowaway arrived when required to

2 do so by an immigration officer.

3 ‘‘(4) Any person who fails to comply with paragraph

4 (1) or (3), shall be subject to a fine of $5,000 for each alien

5 for each failure to comply, payable to the Commissioner.

6 The Commissioner shall deposit amounts received under

7 this paragraph as offsetting collections to the applicable ap8 propriations account of the Service. Pending final deter9 mination of liability for such fine, no such vessel or aircraft

10 shall be granted clearance, except that clearance may be

11 granted upon the deposit of a sum sufficient to cover such

12 fine, or of a bond with sufficient surety to secure the pay13 ment thereof approved by the Commissioner.

14 ‘‘(5) An alien stowaway inspected upon arrival shall

15 be considered an excluded alien under this Act.

16 ‘‘(6) The provisions of section 235 for detention of

17 aliens for examination before a special inquiry officer and

18 the right of appeal provided for in section 236 shall not

19 apply to aliens who arrive as stowaways, and no such

20 aliens shall be permitted to land in the United States, ex21 cept temporarily for medical treatment, or pursuant to such

22 regulations as the Attorney General may prescribe for the

23 departure, removal, or deportation of such alien from the

24 United States.
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1 ‘‘(7) A stowaway may apply for asylum under section

2 208 or withholding of deportation under section 243(h),

3 pursuant to such regulations as the Attorney General may

4 establish.’’.

5 SEC. 152. PILOT PROGRAM ON INTERIOR REPATRIATION

6 AND OTHER METHODS TO DETER MULTIPLE

7 UNLAWFUL ENTRIES.

8 (a) ESTABLISHMENT.—Not later than 180 days after

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

10 after consultation with the Secretary of State, shall estab11 lish a pilot program for up to two years which provides

12 for methods to deter multiple unlawful entries by aliens into

13 the United States. The pilot program may include the devel14 opment and use of interior repatriation, third country re15 patriation, and other disincentives for multiple unlawful

16 entries into the United States.

17 (b) REPORT.—Not later than 35 months after the date

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

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

20 Committees on the Judiciary of the House of Representa21 tives and of the Senate on the operation of the pilot pro22 gram under this section and whether the pilot program or

23 any part thereof should be extended or made permanent.
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1 SEC. 153. PILOT PROGRAM ON USE OF CLOSED MILITARY

2 BASES FOR THE DETENTION OF EXCLUDABLE

3 OR DEPORTABLE ALIENS.

4 (a) ESTABLISHMENT.—The Attorney General and the

5 Secretary of Defense shall jointly establish a pilot program

6 for up to two years to determine the feasibility of the use

7 of military bases available through the defense base realign8 ment and closure process as detention centers for the Immi9 gration and Naturalization Service.

10 (b) REPORT.—Not later than 35 months after the date

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

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

13 Committees on the Judiciary of the House of Representa14 tives and of the Senate, the Committee on National Security

15 of the House of Representatives, and the Committee on

16 Armed Services of the Senate, on the feasibility of using

17 military bases closed through the defense base realignment

18 and closure process as detention centers by the Immigration

19 and Naturalization Service.

20 SEC. 154. PHYSICAL AND MENTAL EXAMINATIONS.

21 Section 234 (8 U.S.C. 1224) is amended to read as

22 follows:

23 ‘‘PHYSICAL AND MENTAL EXAMINATIONS

24 ‘‘SEC. 234. (a) ALIENS COVERED.—Each alien within

25 any of the following classes of aliens who is seeking entry
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1 into the United States shall undergo a physical and mental

2 examination in accordance with this section:

3 ‘‘(1) Aliens applying for visas for admission to

4 the United States for permanent residence.

5 ‘‘(2) Aliens seeking admission to the United

6 States for permanent residence for whom examina7 tions were not made under paragraph (1).

8 ‘‘(3) Aliens within the United States seeking ad9 justment of status under section 245 to that of aliens

10 lawfully admitted to the United States for permanent

11 residence.

12 ‘‘(4) Alien crewmen entering or in transit across

13 the United States.

14 ‘‘(b) DESCRIPTION OF EXAMINATION.—(1) Each exam15 ination required by subsection (a) shall include—

16 ‘‘(A) an examination of the alien for any phys17 ical or mental defect or disease and a certification of

18 medical findings made in accordance with subsection

19 (d); and

20 ‘‘(B) an assessment of the vaccination record of

21 the alien in accordance with subsection (e).

22 ‘‘(2) The Secretary of Health and Human Services

23 shall prescribe such regulations as may be necessary to

24 carry out the medical examinations required by subsection

25 (a).
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1 ‘‘(c) MEDICAL EXAMINERS.—

2 ‘‘(1) MEDICAL OFFICERS.—(A) Except as pro3 vided in paragraphs (2) and (3), examinations under

4 this section shall be conducted by medical officers of

5 the United States Public Health Services.

6 ‘‘(B) Medical officers of the United States Public

7 Health Service who have had specialized training in

8 the diagnosis of insanity and mental defects shall be

9 detailed for duty or employed at such ports of entry

10 as the Secretary may designate, in consultation with

11 the Attorney General.

12 ‘‘(2) CIVIL SURGEONS.—(A) Whenever medical

13 officers of the United States Public Health Service are

14 not available to perform examinations under this sec15 tion, the Attorney General, in consultation with the

16 Secretary, shall designate civil surgeons to perform

17 the examinations.

18 ‘‘(B) Each civil surgeon designated under sub19 paragraph (A) shall—

20 ‘‘(i) have at least 4 years of professional ex21 perience unless the Secretary determines that

22 special or extenuating circumstances justify the

23 designation of an individual having a lesser

24 amount of professional experience; and
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1 ‘‘(ii) satisfy such other eligibility require2 ments as the Secretary may prescribe.

3 ‘‘(3) PANEL PHYSICIANS.—In the case of exami4 nations under this section abroad, the medical exam5 iner shall be a panel physician designated by the Sec6 retary of State, in consultation with the Secretary.

7 ‘‘(d) CERTIFICATION OF MEDICAL FINDINGS.—The

8 medical examiners shall certify for the information of im9 migration officers and special inquiry officers, or consular

10 officers, as the case may be, any physical or mental defect

11 or disease observed by such examiners in any such alien.

12 ‘‘(e) VACCINATION ASSESSMENT.—(1) The assessment

13 referred to in subsection (b)(1)(B) is an assessment of the

14 alien’s record of required vaccines for preventable diseases,

15 including mumps, measles, rubella, polio, tetanus, diphthe16 ria toxoids, pertussis, hemophilus-influenza type B, hepa17 titis type B, as well as any other diseases specified as vac18 cine-preventable by the Advisory Committee on Immuniza19 tion Practices.

20 ‘‘(2) Medical examiners shall educate aliens on the im21 portance of immunizations and shall create an immuniza22 tion record for the alien at the time of examination.

23 ‘‘(3)(A) Each alien who has not been vaccinated

24 against measles, and each alien under the age of 5 years

25 who has not been vaccinated against polio, must receive
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1 such vaccination, unless waived by the Secretary, and must

2 receive any other vaccination determined necessary by the

3 Secretary prior to arrival in the United States.

4 ‘‘(B) Aliens who have not received the entire series of

5 vaccinations prescribed in paragraph (1) (other than mea6 sles) shall return to a designated civil surgeon within 30

7 days of arrival in the United States, or within 30 days

8 of adjustment of status, for the remainder of the vaccina9 tions.

10 ‘‘(f) APPEAL OF MEDICAL EXAMINATION FINDINGS.—

11 Any alien determined to have a health-related grounds of

12 exclusion under paragraph (1) of section 212(a) may ap13 peal that determination to a board of medical officers of

14 the Public Health Service, which shall be convened by the

15 Secretary. The alien may introduce at least one expert med16 ical witness before the board at his or her own cost and

17 expense.

18 ‘‘(g) FUNDING.—(1)(A) The Attorney General shall

19 impose a fee upon any person applying for adjustment of

20 status to that of an alien lawfully admitted to permanent

21 residence under section 209, 210, 245, or 245A, and the Sec22 retary of State shall impose a fee upon any person applying

23 for a visa at a United States consulate abroad who is re24 quired to have a medical examination in accordance with

25 subsection (a).
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1 ‘‘(B) The amounts of the fees required by subparagraph

2 (A) shall be established by the Secretary, in consultation

3 with the Attorney General and the Secretary of State, as

4 the case may be, and shall be set at such amounts as may

5 be necessary to recover the full costs of establishing and ad6 ministering the civil surgeon and panel physician pro7 grams, including the costs to the Service, the Department

8 of State, and the Department of Health and Human Serv9 ices for any additional expenditures associated with the ad10 ministration of the fees collected.

11 ‘‘(2)(A) The fees imposed under paragraph (1) may

12 be collected as separate fees or as surcharges to any other

13 fees that may be collected in connection with an application

14 for adjustment of status under section 209, 210, 245, or

15 245A, for a visa, or for a waiver of excludability under

16 paragraph (1) or (2) of section 212(g), as the case may be.

17 ‘‘(B) The provisions of the Act of August 18, 1856 (Re18 vised Statutes 1726–28, 22 U.S.C. 4212–14), concerning ac19 counting for consular fees, shall not apply to fees collected

20 by the Secretary of State under this section.

21 ‘‘(3)(A) There is established on the books of the Treas22 ury of the United States a separate account which shall

23 be known as the ‘Medical Examinations Fee Account’.
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1 ‘‘(B) There shall be deposited as offsetting receipts into

2 the Medical Examinations Fee Account all fees collected

3 under paragraph (1), to remain available until expended.

4 ‘‘(C) Amounts in the Medical Examinations Fee Ac5 count shall be available only to reimburse any appropria6 tion currently available for the programs established by this

7 section.

8 ‘‘(h) DEFINITIONS.—As used in this section—

9 ‘‘(1) the term ‘medical examiner’ refers to a med10 ical officer, civil surgeon, or panel physician, as de11 scribed in subsection (c); and

12 ‘‘(2) the term ‘Secretary’ means the Secretary of

13 Health and Human Services.’’.

14 SEC. 155. CERTIFICATION REQUIREMENTS FOR FOREIGN

15 HEALTH-CARE WORKERS.

16 (a) IN GENERAL.—Section 212(a) (8 U.S.C. 1182(a))

17 is amended—

18 (1) by redesignating paragraph (9) as para19 graph (10); and

20 (2) by inserting after paragraph (8) the follow21 ing new paragraph:

22 ‘‘(9) UNCERTIFIED FOREIGN HEALTH-CARE

23 WORKERS.—(A) Any alien who seeks to enter the

24 United States for the purpose of performing labor as

25 a health-care worker, other than a physician, is ex-
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1 cludable unless the alien presents to the consular offi2 cer, or, in the case of an adjustment of status, the At3 torney General, a certificate from the Commission on

4 Graduates of Foreign Nursing Schools, or a certificate

5 from an equivalent independent credentialing organi6 zation approved by the Attorney General in consulta7 tion with the Secretary of Health and Human Serv8 ices, verifying that—

9 ‘‘(i) the alien’s education, training, license,

10 and experience—

11 ‘‘(I) meet all applicable statutory and

12 regulatory requirements for entry into the

13 United States under the classification speci14 fied in the application;

15 ‘‘(II) are comparable with that re16 quired for an American health-care worker

17 of the same type; and

18 ‘‘(III) are authentic and, in the case of

19 a license, unencumbered;

20 ‘‘(ii) the alien has the level of competence in

21 oral and written English considered by the Sec22 retary of Health and Human Services, in con23 sultation with the Secretary of Education, to be

24 appropriate for health care work of the kind in

25 which the alien will be engaged, as shown by an
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1 appropriate score on one or more nationally rec2 ognized, commercially available, standardized

3 assessments of the applicant’s ability to speak

4 and write; and

5 ‘‘(iii) if a majority of States licensing the

6 profession in which the alien intends to work

7 recognize a test predicting the success on the pro8 fession’s licensing and certification examination,

9 the alien has passed such a test.

10 ‘‘(B) For purposes of subparagraph (A)(ii), de11 termination of the standardized tests required and of

12 the minimum scores that are appropriate are within

13 the sole discretion of the Secretary of Health and

14 Human Services and are not subject to further ad15 ministrative or judicial review.’’.

16 (b) CONFORMING AMENDMENTS.—

17 (1) Section 101(f)(3) is amended by striking

18 ‘‘(9)(A) of section 212(a)’’ and inserting ‘‘(10)(A) of

19 section 212(a)’’.

20 (2) Section 212(c) is amended by striking

21 ‘‘(9)(C)’’ and inserting ‘‘(10)(C)’’.

22 SEC. 156. INCREASED BAR TO REENTRY FOR ALIENS PRE23 VIOUSLY REMOVED.

24 (a) IN GENERAL.—Section 212(a)(6) (8 U.S.C.

25 1182(a)(6)) is amended—
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1 (1) in subparagraph (A)—

2 (A) by striking ‘‘one year’’ and inserting

3 ‘‘five years’’; and

4 (B) by inserting ‘‘, or within 20 years of the

5 date of any second or subsequent deportation,’’

6 after ‘‘deportation’’;

7 (2) in subparagraph (B)—

8 (A) by redesignating clauses (ii), (iii), and

9 (iv) as clauses (iii), (iv), and (v), respectively;

10 (B) by inserting after clause (i) the follow11 ing new clause;

12 ‘‘(ii) has departed the United States

13 while an order of deportation is outstand14 ing,’’;

15 (C) by striking ‘‘or’’ after ‘‘removal,’’; and

16 (D) by inserting ‘‘or (c) who seeks admis17 sion within 20 years of a second or subsequent

18 deportation or removal,’’ after ‘‘felony,’’.

19 (b) REENTRY OF DEPORTED ALIEN.—Section

20 276(a)(1) (8 U.S.C. 1326(a)(1)) is amended to read as fol21 lows:

22 ‘‘(1) has been arrested and deported, has been ex23 cluded and deported, or has departed the United

24 States while an order of exclusion or deportation is

25 outstanding, and thereafter’’.
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1 SEC. 157. ELIMINATION OF CONSULATE SHOPPING FOR

2 VISA OVERSTAYS.

3 (a) IN GENERAL.—Section 222 (8 U.S.C. 1202) is

4 amended by adding at the end the following new subsection:

5 ‘‘(g)(1) In the case of an alien who has entered and

6 remained in the United States beyond the authorized period

7 of stay, the alien’s nonimmigrant visa shall thereafter be

8 invalid for reentry into the United States.

9 ‘‘(2) An alien described in paragraph (1) shall be ineli10 gible to be readmitted to the United States as a non11 immigrant subsequent to the expiration of the alien’s au12 thorized period of stay, except—

13 ‘‘(A) on the basis of a visa issued in a consular

14 office located in the country of the alien’s nationality

15 (or, if there is no office in such country, in such other

16 consular office as the Secretary of State shall specify);

17 or

18 ‘‘(B) where extraordinary circumstances are

19 found by the Secretary of State to exist.’’.

20 (b) EFFECTIVE DATE.—The amendment made by this

21 section shall apply to visas issued before, on, or after the

22 date of the enactment of this Act.

23 SEC. 158. INCITEMENT AS A BASIS FOR EXCLUSION FROM

24 THE UNITED STATES.

25 Section 212(a)(3)(B) of the Immigration and Nation26 ality Act (8 U.S.C. 1182(a)(3)(B)), is amended—
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1 (1) by striking ‘‘or’’ at the end of clause (i)(I);

2 (2) in clause (i)(II), by inserting ‘‘or’’ at the

3 end; and

4 (3) by inserting after clause (i)(II) the following

5 new subclause:

6 ‘‘(III) has, under circumstances

7 indicating an intention to cause death

8 or serious bodily harm, incited terror9 ism, engaged in targeted racial vili10 fication, or advocated the overthrow of

11 the United States Government or death

12 or serious bodily harm to any United

13 States citizen or United States Govern14 ment official,’’.

15 SEC. 159. CONFORMING AMENDMENT TO WITHHOLDING OF

16 DEPORTATION.

17 Section 243(h) (8 U.S.C. 1253(h)) is amended by add18 ing at the end the following new paragraph:

19 ‘‘(3) The Attorney General may refrain from de20 porting any alien if the Attorney General determines

21 that—

22 ‘‘(A) such alien’s life or freedom would be

23 threatened, in the country to which such alien

24 would be deported or returned, on account of
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1 race, religion, nationality, membership in a par2 ticular social group, or political opinion, and

3 ‘‘(B) deporting such alien would violate the

4 1967 United Nations Protocol relating to the

5 Status of Refugees.’’.

6 PART 5—CRIMINAL ALIENS

7 SEC. 161. AMENDED DEFINITION OF AGGRAVATED FELONY.

8 (a) IN GENERAL.—Section 101(a)(43) (8 U.S.C.

9 1101(a)(43)) is amended—

10 (1) in subparagraph (D), by striking ‘‘$100,000’’

11 and inserting ‘‘$10,000’’;

12 (2) in subparagraphs (F), (G), and (O), by strik13 ing ‘‘is at least 5 years’’ each place it appears and

14 inserting ‘‘at least one year’’;

15 (3) in subparagraph (J)—

16 (A) by striking ‘‘sentence of 5 years’ impris17 onment’’ and inserting ‘‘sentence of one year im18 prisonment’’; and

19 (B) by striking ‘‘offense described’’ and in20 serting ‘‘offense described in section 1084 of title

21 18 (if it is a second or subsequent offense), sec22 tion 1955 of such title (relating to gambling of23 fenses), or’’;

24 (4) in subparagraph (K)—

25 (A) by striking ‘‘or’’ at the end of clause (i);
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1 (B) by adding ‘‘or’’ at the end of clause (ii);

2 and

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

4 clause:

5 ‘‘(iii) is described in section 2421,

6 2422, or 2423 of title 18, United States

7 Code (relating to transportation for the pur8 pose of prostitution), if committed for com9 mercial advantage.’’;

10 (5) in subparagraph (L)—

11 (A) by striking ‘‘or’’ at the end of clause (i);

12 (B) by inserting ‘‘or’’ at the end of clause

13 (ii); and

14 (C) by adding at the end the following new

15 clause:

16 ‘‘(iii) section 601 of the National Secu17 rity Act of 1947 (relating to protecting the

18 identity of undercover agents)’’;

19 (6) in subparagraph (M), by striking ‘‘$200,000’’

20 each place it appears and inserting ‘‘$10,000’’;

21 (7) in subparagraph (N)—

22 (A) by striking ‘‘of title 18, United States

23 Code’’; and

24 (B) by striking ‘‘for the purpose of commer25 cial advantage’’ and inserting the following: ‘‘,
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1 except, for a first offense, if the alien has affirm2 atively shown that the alien committed the of3 fense for the purpose of assisting, abetting, or

4 aiding only the alien’s spouse, child, or parent

5 (and no other individual) to violate a provision

6 of this Act’’;

7 (8) in subparagraph (O), by striking ‘‘which

8 constitutes’’ and all that follows up to the semicolon

9 at the end and inserting the following: ‘‘, except, for

10 a first offense, if the alien has affirmatively shown

11 that the alien committed the offense for the purpose

12 of assisting, abetting, or aiding only the alien’s

13 spouse, child, or parent (and no other individual) to

14 violate a provision of this Act’’;

15 (9) by redesignating subparagraphs (P) and (Q)

16 as subparagraphs (R) and (S), respectively;

17 (10) by inserting after subparagraph (O) the fol18 lowing new subparagraphs:

19 ‘‘(P) any offense relating to commercial

20 bribery, counterfeiting, forgery, or trafficking in

21 vehicles whose identification numbers have been

22 altered for which the term of imprisonment im23 posed (regardless of any suspension of imprison24 ment) is at least one year;
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1 ‘‘(Q) any offense relating to perjury or sub2 ornation of perjury for which the term of impris3 onment imposed (regardless of any suspension of

4 imprisonment) is at least one year;’’ and

5 (11) in subparagraph (R) (as redesignated), by

6 striking ‘‘15’’ and inserting ‘‘5’’.

7 (b) EFFECTIVE DATE OF DEFINITION.—Section

8 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by adding

9 at the end the following new sentence: ‘‘Notwithstanding

10 any other provision of law, the term applies regardless of

11 whether the conviction was entered before, on, or after the

12 date of enactment of this paragraph, except that, for pur13 poses of section 242(f)(2), the term has the same meaning

14 as was in effect under this paragraph on the date the offense

15 was committed.’’.

16 (c) APPLICATION TO WITHHOLDING OF DEPORTA17 TION.—Section 243(h) (8 U.S.C. 1253(h)), as amended by

18 section 159 of this Act, is further amended in paragraph

19 (2) by striking the last sentence and inserting the following:

20 ‘‘For purposes of subparagraph (B), an alien shall be con21 sidered to have committed a particularly serious crime if

22 such alien has been convicted of one or more of the follow23 ing:

24 ‘‘(1) An aggravated felony, or attempt or con25 spiracy to commit an aggravated felony, for which the
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1 term of imprisonment imposed (regardless of any sus2 pension of imprisonment) is at least one year.

3 ‘‘(2) An offense described in subparagraph (A),

4 (B), (C), (E), (H), (I), (J), (L), or subparagraph

5 (K)(ii), of section 101(a)(43), or an attempt or con6 spiracy to commit an offense described in one or more

7 of such subparagraphs.’’.

8 SEC. 162. INELIGIBILITY OF AGGRAVATED FELONS FOR AD9 JUSTMENT OF STATUS.

10 Section 244(c) (8 U.S.C. 1254(c)), as amended by sec11 tion 150 of this Act, is further amended by adding at the

12 end the following new sentence: ‘‘No person who has been

13 convicted of an aggravated felony shall be eligible for relief

14 under this subsection.’’.

15 SEC. 163. EXPEDITIOUS DEPORTATION CREATES NO EN16 FORCEABLE RIGHT FOR AGGRAVATED FEL17 ONS.

18 Section 225 of the Immigration and Nationality Tech19 nical Corrections Act of 1994 (Public Law 103–416) is

20 amended by striking ‘‘section 242(i) of the Immigration

21 and Nationality Act (8 U.S.C. 1252(i))’’ and inserting ‘‘sec22 tions 242(i) or 242A of the Immigration and Nationality

23 Act (8 U.S.C. 1252(i) or 1252a)’’.
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1 SEC. 164. CUSTODY OF ALIENS CONVICTED OF AGGRA2 VATED FELONIES.

3 (a) EXCLUSION AND DEPORTATION.—Section 236 (8

4 U.S.C. 1226) is amended in subsection (e)(2) by inserting

5 after ‘‘unless’’ the following: ‘‘(A) the Attorney General de6 termines, pursuant to section 3521 of title 18, United States

7 Code, that release from custody is necessary to provide pro8 tection to a witness, a potential witness, a person cooperat9 ing with an investigation into major criminal activity, or

10 an immediate family member or close associate of a witness,

11 potential witness, or person cooperating with such an inves12 tigation, and that after such release the alien would not

13 be a threat to the community, or (B)’’.

14 (b) CUSTODY UPON RELEASE FROM INCARCER15 ATION.—Section 242(a)(2) (8 U.S.C. 1252(a)(2)) is amend16 ed to read as follows:

17 ‘‘(2)(A) The Attorney General shall take into custody

18 any specially deportable criminal alien upon release of the

19 alien from incarceration and shall deport the alien as expe20 ditiously as possible. Notwithstanding any other provision

21 of law, the Attorney General shall not release such felon

22 from custody.

23 ‘‘(B) The Attorney General shall have sole and

24 unreviewable discretion to waive subparagraph (A) for

25 aliens who are cooperating with law enforcement authori26 ties or for purposes of national security.’’.
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1 (c) PERIOD IN WHICH TO EFFECT ALIEN’S DEPAR2 TURE.—Section 242(c) is amended—

3 (1) in the first sentence—

4 (A) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’;

5 and

6 (B) by inserting ‘‘(other than an alien de7 scribed in paragraph (2))’’; and

8 (2) by adding at the end the following new para9 graphs:

10 ‘‘(2)(A) When a final order of deportation is made

11 against any specially deportable criminal alien, the Attor12 ney General shall have a period of 30 days from the later

13 of—

14 ‘‘(i) the date of such order, or

15 ‘‘(ii) the alien’s release from incarceration,

16 within which to effect the alien’s departure from the United

17 States.

18 ‘‘(B) The Attorney General shall have sole and

19 unreviewable discretion to waive subparagraph (A) for

20 aliens who are cooperating with law enforcement authori21 ties or for purposes of national security.

22 ‘‘(3) Nothing in this subsection shall be construed as

23 providing a right enforceable by or on behalf of any alien

24 to be released from custody or to challenge the alien’s depor25 tation.’’.
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1 (d) CRIMINAL PENALTY FOR UNLAWFUL REENTRY.—

2 Section 242(f) of the Immigration and Nationality Act (8

3 U.S.C. 1252(f)) is amended—

4 (1) by inserting ‘‘(1)’’ immediately after ‘‘(f)’’;

5 and

6 (2) by adding at the end the following new para7 graph:

8 ‘‘(2) Any alien who has unlawfully reentered or is

9 found in the United States after having previously been de10 ported subsequent to a conviction for any criminal offense

11 covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or

12 two or more offenses described in clause (ii) of section

13 241(a)(2)(A), at least two of which resulted in a sentence

14 or confinement described in section 241(a)(2)(A)(i)(II),

15 shall, in addition to the punishment provided for any other

16 crime, be punished by imprisonment of not less than 15

17 years.’’.

18 (e) DEFINITION.—Section 242 (8 U.S.C. 1252) is

19 amended by adding at the end the following new subsection:

20 ‘‘(k) For purposes of this section, the term ‘specially

21 deportable criminal alien’ means any alien convicted of an

22 offense described in subparagraph (A)(iii), (B), (C), or (D)

23 of section 241(a)(2), or two or more offenses described in

24 section 241(a)(2)(A)(ii), at least two of which resulted in
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1 a sentence or confinement described in section

2 241(a)(2)(A)(i)(II).’’.

3 SEC. 165. JUDICIAL DEPORTATION.

4 (a) IN GENERAL.—Section 242A (8 U.S.C. 1252a(d))

5 is amended—

6 (1) by redesignating subsection (d) as subsection

7 (c); and

8 (2) in subsection (c), as redesignated—

9 (A) by striking paragraph (1) and inserting

10 the following:

11 ‘‘(1) AUTHORITY.—Notwithstanding any

12 other provision of this Act, a United States dis13 trict court shall have jurisdiction to enter a judi14 cial order of deportation at the time of sentenc15 ing against an alien—

16 ‘‘(A) whose criminal conviction causes

17 such alien to be deportable under section

18 241(a)(2)(A)(iii) (relating to conviction of

19 an aggravated felony);

20 ‘‘(B) who has at any time been con21 victed of a violation of section 276 (a) or

22 (b) (relating to reentry of a deported alien);

23 ‘‘(C) who has at any time been con24 victed of a violation of section 275 (relating

25 to entry of an alien at an improper time or
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1 place and to misrepresentation and conceal2 ment of facts); or

3 ‘‘(D) who is otherwise deportable pur4 suant to any of the paragraphs (1) through

5 (5) of section 241(a).

6 A United States Magistrate shall have jurisdic7 tion to enter a judicial order of deportation at

8 the time of sentencing where the alien has been

9 convicted of a misdemeanor offense and the alien

10 is deportable under this Act.’’; and

11 (B) by adding at the end the following new

12 paragraphs:

13 ‘‘(5) STATE COURT FINDING OF DEPORTABIL14 ITY.—(A) On motion of the prosecution or on the

15 court’s own motion, any State court with jurisdiction

16 to enter judgments in criminal cases is authorized to

17 make a finding that the defendant is deportable as a

18 specially deportable criminal alien (as defined in sec19 tion 242(k)).

20 ‘‘(B) The finding of deportability under subpara21 graph (A), when incorporated in a final judgment of

22 conviction, shall for all purposes be conclusive on the

23 alien and may not be reexamined by any agency or

24 court, whether by habeas corpus or otherwise. The
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1 court shall notify the Attorney General of any finding

2 of deportability.

3 ‘‘(6) STIPULATED JUDICIAL ORDER OF DEPORTA4 TION.—The United States Attorney, with the concur5 rence of the Commissioner, may, pursuant to Federal

6 Rule of Criminal Procedure 11, enter into a plea

7 agreement which calls for the alien, who is deportable

8 under this Act, to waive the right to notice and a

9 hearing under this section, and stipulate to the entry

10 of a judicial order of deportation from the United

11 States as a condition of the plea agreement or as a

12 condition of probation or supervised release, or both.

13 The United States District Court, in both felony and

14 misdemeanor cases, and the United States Magistrate

15 Court in misdemeanors cases, may accept such a stip16 ulation and shall have jurisdiction to enter a judicial

17 order of deportation pursuant to the terms of such

18 stipulation.’’.

19 (b) CONFORMING AMENDMENTS.—(1) Section 512 of

20 the Immigration Act of 1990 is amended by striking

21 ‘‘242A(d)’’ and inserting ‘‘242A(c)’’.

22 (2) Section 130007(a) of the Violent Crime Control

23 and Law Enforcement Act of 1994 (Public Law 103-322)

24 is amended by striking ‘‘242A(d)’’ and inserting ‘‘242A(c)’’.
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1 SEC. 166. STIPULATED EXCLUSION OR DEPORTATION.

2 (a) EXCLUSION AND DEPORTATION.—Section 236 (8

3 U.S.C. 1226) is amended by adding at the end the following

4 new subsection:

5 ‘‘(f) The Attorney General shall provide by regulation

6 for the entry by a special inquiry officer of an order of ex7 clusion and deportation stipulated to by the alien and the

8 Service. Such an order may be entered without a personal

9 appearance by the alien before the special inquiry officer.

10 A stipulated order shall constitute a conclusive determina11 tion of the alien’s excludability and deportability from the

12 United States.’’.

13 (b) APPREHENSION AND DEPORTATION.—Section 242

14 (8 U.S.C. 1252) is amended in subsection (b)—

15 (1) by redesignating paragraphs (1), (2), (3),

16 and (4) as subparagraphs (A), (B), (C), and (D), re17 spectively;

18 (2) by inserting ‘‘(1)’’ immediately after ‘‘(b)’’;

19 (3) by striking the sentence beginning with ‘‘Ex20 cept as provided in section 242A(d)’’ and inserting

21 the following:

22 ‘‘(2) The Attorney General shall further provide by reg23 ulation for the entry by a special inquiry officer of an order

24 of deportation stipulated to by the alien and the Service.

25 Such an order may be entered without a personal appear26 ance by the alien before the special inquiry officer. A stipu-
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1 lated order shall constitute a conclusive determination of

2 the alien’s deportability from the United States.

3 ‘‘(3) The procedures prescribed in this subsection and

4 in section 242A(c) shall be the sole and exclusive procedures

5 for determining the deportability of an alien.’’; and

6 (4) by redesignating the tenth sentence as para7 graph (4); and

8 (5) by redesignating the eleventh and twelfth sen9 tences as paragraph (5).

10 (c) CONFORMING AMENDMENTS.—(1) Section 106(a) is

11 amended by striking ‘‘section 242(b)’’ and inserting ‘‘sec12 tion 242(b)(1)’’.

13 (2) Section 212(a)(6)(B)(iv) is amended by striking

14 ‘‘section 242(b)’’ and inserting ‘‘section 242(b)(1)’’.

15 (3) Section 242(a)(1) is amended by striking ‘‘sub16 section (b)’’ and inserting ‘‘subsection (b)(1)’’.

17 (4) Section 242A(b)(1) is amended by striking ‘‘section

18 242(b)’’ and inserting ‘‘section 242(b)(1)’’.

19 (5) Section 242A(c)(2)(D)(ii), as redesignated by sec20 tion 165 of this Act, is amended by striking ‘‘section

21 242(b)’’ and inserting ‘‘section 242(b)(1)’’.

22 (6) Section 4113(a) of title 18, United States Code,

23 is amended by striking ‘‘section 1252(b)’’ and inserting

24 ‘‘section 1252(b)(1)’’.
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1 (7) Section 1821(e) of title 28, United States Code, is

2 amended by striking ‘‘section 242(b) of such Act (8 U.S.C.

3 1252(b))’’ and inserting ‘‘section 242(b)(1) of such Act (8

4 U.S.C. 1252(b)(1))’’.

5 (8) Section 242B(c)(1) is amended by striking ‘‘section

6 242(b)(1)’’ and inserting ‘‘section 242(b)(4)’’.

7 (9) Section 242B(e)(2)(A) is amended by striking ‘‘sec8 tion 242(b)(1)’’ and inserting ‘‘section 242(b)(4)’’.

9 (10) Section 242B(e)(5)(A) is amended by striking

10 ‘‘section 242(b)(1)’’ and inserting ‘‘section 242(b)(4)’’.

11 SEC. 167. DEPORTATION AS A CONDITION OF PROBATION.

12 Section 3563(b) of title 18, United States Code, is

13 amended—

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

15 (21);

16 (2) by striking the period at the end of para17 graph (22) and inserting ‘‘; or’’; and

18 (3) by adding at the end the following new para19 graph:

20 ‘‘(23) be ordered deported by a United States

21 District Court, or United States Magistrate Court,

22 pursuant to a stipulation entered into by the defend23 ant and the United States under section 242A(c) of

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

25 1252a(c)), except that, in the absence of a stipulation,
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1 the United States District Court or the United States

2 Magistrate Court, may order deportation as a condi3 tion of probation, if, after notice and hearing pursu4 ant to section 242A(c) of the Immigration and Na5 tionality Act, the Attorney General demonstrates by

6 clear and convincing evidence that the alien is deport7 able.’’.

8 SEC. 168. ANNUAL REPORT ON CRIMINAL ALIENS.

9 Not later than 12 months after the date of the enact10 ment of this Act, and annually thereafter, the Attorney Gen11 eral shall submit to the Committees on the Judiciary of the

12 House of Representatives and of the Senate a report detail13 ing—

14 (1) the number of illegal aliens incarcerated in

15 Federal and State prisons for having committed felo16 nies, stating the number incarcerated for each type of

17 offense;

18 (2) the number of illegal aliens convicted for felo19 nies in any Federal or State court, but not sentenced

20 to incarceration, in the year before the report was

21 submitted, stating the number convicted for each type

22 of offense;

23 (3) programs and plans underway in the De24 partment of Justice to ensure the prompt removal
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1 from the United States of criminal aliens subject to

2 exclusion or deportation; and

3 (4) methods for identifying and preventing the

4 unlawful reentry of aliens who have been convicted of

5 criminal offenses in the United States and removed

6 from the United States.

7 SEC. 169. UNDERCOVER INVESTIGATION AUTHORITY.

8 (a) AUTHORITIES.—(1) In order to conduct any un9 dercover investigative operation of the Immigration and

10 Naturalization Service which is necessary for the detection

11 and prosecution of crimes against the United States, the

12 Service is authorized—

13 (A) to lease space within the United States, the

14 District of Columbia, and the territories and posses15 sions of the United States without regard to section

16 3679(a) of the Revised Statutes (31 U.S.C. 1341), sec17 tion 3732(a) of the Revised Statutes (41 U.S.C.

18 11(a)), section 305 of the Act of June 30, 1949 (63

19 Stat. 396; 41 U.S.C. 255), the third undesignated

20 paragraph under the heading ‘‘Miscellaneous’’ of the

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

22 section 3648 of the Revised Statutes (31 U.S.C. 3324),

23 section 3741 of the Revised Statutes (41 U.S.C. 22),

24 and subsections (a) and (c) of section 304 of the Fed-
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1 eral Property and Administrative Services Act of

2 1949 (63 Stat. 395; 41 U.S.C. 254 (a) and (c));

3 (B) to establish or to acquire proprietary cor4 porations or business entities as part of an under5 cover operation, and to operate such corporations or

6 business entities on a commercial basis, without re7 gard to the provisions of section 304 of the Govern8 ment Corporation Control Act (31 U.S.C. 9102);

9 (C) to deposit funds, including the proceeds from

10 such undercover operation, in banks or other finan11 cial institutions without regard to the provisions of

12 section 648 of title 18 of the United States Code, and

13 section 3639 of the Revised Statutes (31 U.S.C. 3302);

14 and

15 (D) to use the proceeds from such undercover op16 erations to offset necessary and reasonable expenses

17 incurred in such operations without regard to the

18 provisions of section 3617 of the Revised Statutes (31

19 U.S.C. 3302).

20 (2) The authorization set forth in paragraph (1) may

21 be exercised only upon written certification of the Commis22 sioner of the Immigration and Naturalization Service, in

23 consultation with the Deputy Attorney General, that any

24 action authorized by paragraph (1) (A), (B), (C), or (D)

25 is necessary for the conduct of such undercover operation.
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1 (b) UNUSED FUNDS.—As soon as practicable after the

2 proceeds from an undercover investigative operation, car3 ried out under paragraph (1) (C) or (D) of subsection (a),

4 are no longer necessary for the conduct of such operation,

5 such proceeds or the balance of such proceeds remaining at

6 the time shall be deposited into the Treasury of the United

7 States as miscellaneous receipts.

8 (c) REPORT.—If a corporation or business entity es9 tablished or acquired as part of an undercover operation

10 under subsection (a)(1)(B) with a net value of over $50,000

11 is to be liquidated, sold, or otherwise disposed of, the Immi12 gration and Naturalization Service, as much in advance

13 as the Commissioner or his or her designee determine prac14 ticable, shall report the circumstances to the Attorney Gen15 eral, the Director of the Office of Management and Budget,

16 and the Comptroller General of the United States. The pro17 ceeds of the liquidation, sale, or other disposition, after obli18 gations are met, shall be deposited in the Treasury of the

19 United States as miscellaneous receipts.

20 (d) AUDITS.—The Immigration and Naturalization

21 Service shall conduct detailed financial audits of closed un22 dercover operations on a quarterly basis and shall report

23 the results of the audits in writing to the Deputy Attorney

24 General.
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1 SEC. 170. PRISONER TRANSFER TREATIES.

2 (a) NEGOTIATIONS WITH OTHER COUNTRIES.—(1)

3 Congress advises the President to begin to negotiate and re4 negotiate, not later than 90 days after the date of enactment

5 of this Act, bilateral prisoner transfer treaties, providing

6 for the incarceration, in the country of the alien’s national7 ity, of any alien who—

8 (A) is a national of a country that is party to

9 such a treaty; and

10 (B) has been convicted of a criminal offense

11 under Federal or State law and who—

12 (i) is not in lawful immigration status in

13 the United States, or

14 (ii) on the basis of conviction for a criminal

15 offense under Federal or State law, or on any

16 other basis, is subject to deportation under the

17 Immigration and Nationality Act,

18 for the duration of the prison term to which the alien was

19 sentenced for the offense referred to in subparagraph (B).

20 Any such agreement may provide for the release of such

21 alien pursuant to parole procedures of that country.

22 (2) In entering into negotiations under paragraph (1),

23 the President may consider providing for appropriate com24 pensation, subject to the availability of appropriations, in

25 cases where the United States is able to independently ver26 ify the adequacy of the sites where aliens will be imprisoned
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1 and the length of time the alien is actually incarcerated

2 in the foreign country under such a treaty.

3 (b) SENSE OF CONGRESS.—It is the sense of the Con4 gress that—

5 (1) the focus of negotiations for such agreements

6 should be—

7 (A) to expedite the transfer of aliens unlaw8 fully in the United States who are (or are about

9 to be) incarcerated in United States prisons,

10 (B) to ensure that a transferred prisoner

11 serves the balance of the sentence imposed by the

12 United States courts,

13 (C) to eliminate any requirement of pris14 oner consent to such a transfer, and

15 (D) to allow the Federal Government or the

16 States to keep their original prison sentences in

17 force so that transferred prisoners who return to

18 the United States prior to the completion of their

19 original United States sentences can be returned

20 to custody for the balance of their prisons sen21 tences;

22 (2) the Secretary of State should give priority to

23 concluding an agreement with any country for which

24 the President determines that the number of aliens de25 scribed in subsection (a) who are nationals of that
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1 country in the United States represents a significant

2 percentage of all such aliens in the United States; and

3 (3) no new treaty providing for the transfer of

4 aliens from Federal, State, or local incarceration fa5 cilities to a foreign incarceration facility should per6 mit the alien to refuse the transfer.

7 (c) PRISONER CONSENT.—Notwithstanding any other

8 provision of law, except as required by treaty, the transfer

9 of an alien from a Federal, State, or local incarceration

10 facility under an agreement of the type referred to in sub11 section (a) shall not require consent of the alien.

12 (d) ANNUAL REPORT.—Not later than 90 days after

13 the date of the enactment of this Act, and annually there14 after, the Attorney General shall submit a report to the

15 Committees on the Judiciary of the House of Representa16 tives and of the Senate stating whether each prisoner trans17 fer treaty to which the United States is a party has been

18 effective in the preceding 12 months in bringing about the

19 return of deportable incarcerated aliens to the country of

20 which they are nationals and in ensuring that they serve

21 the balance of their sentences.

22 (e) TRAINING FOREIGN LAW ENFORCEMENT PERSON23 NEL.—(1) Subject to paragraph (2), the President shall di24 rect the Border Patrol Academy and the Customs Service

25 Academy to enroll for training an appropriate number of
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1 foreign law enforcement personnel, and shall make appoint2 ments of foreign law enforcement personnel to such acad3 emies, as necessary to further the following United States

4 law enforcement goals:

5 (A) prevention of drug smuggling and other

6 cross-border criminal activity;

7 (B) preventing illegal immigration; and

8 (C) preventing the illegal entry of goods into the

9 United States (including goods the sale of which is il10 legal in the United States, the entry of which would

11 cause a quota to be exceeded, or which have not paid

12 the appropriate duty or tariff).

13 (2) The appointments described in paragraph (1) shall

14 be made only to the extent there is capacity in such acad15 emies beyond what is required to train United States citi16 zens needed in the Border Patrol and Customs Service, and

17 only of personnel from a country with which the prisoner

18 transfer treaty has been stated to be effective in the most

19 recent report referred to in subsection (d).

20 (f) AUTHORIZATION OF APPROPRIATIONS.—There are

21 authorized to be appropriated such sums as may be nec22 essary to carry out this section.

23 SEC. 170A. PRISONER TRANSFER TREATIES STUDY.

24 (a) REPORT TO CONGRESS.—Not later than 180 days

25 after the date of the enactment of this Act, the Secretary
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1 of State and the Attorney General shall submit to the Con2 gress a report that describes the use and effectiveness of the

3 prisoner transfer treaties with the three countries with the

4 greatest number of their nationals incarcerated in the Unit5 ed States in removing from the United States such incarcer6 ated nationals.

7 (b) USE OF TREATY.—The report under subsection (a)

8 shall include—

9 (1) the number of aliens convicted of a criminal

10 offense in the United States since November 30, 1977,

11 who would have been or are eligible for transfer pur12 suant to the treaties;

13 (2) the number of aliens described in paragraph

14 (1) who have been transferred pursuant to the trea15 ties;

16 (3) the number of aliens described in paragraph

17 (2) who have been incarcerated in full compliance

18 with the treaties;

19 (4) the number of aliens who are incarcerated in

20 a penal institution in the United States who are eli21 gible for transfer pursuant to the treaties; and

22 (5) the number of aliens described in paragraph

23 (4) who are incarcerated in Federal, State, and local

24 penal institutions in the United States.
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1 (c) RECOMMENDATIONS.—The report under subsection

2 (a) shall include the recommendations of the Secretary of

3 State and the Attorney General to increase the effectiveness

4 and use of, and full compliance with, the treaties. In consid5 ering the recommendations under this subsection, the Sec6 retary and the Attorney General shall consult with such

7 State and local officials in areas disproportionately im8 pacted by aliens convicted of criminal offenses as the Sec9 retary and the Attorney General consider appropriate. Such

10 recommendations shall address—

11 (1) changes in Federal laws, regulations, and

12 policies affecting the identification, prosecution, and

13 deportation of aliens who have committed criminal

14 offenses in the United States;

15 (2) changes in State and local laws, regulations,

16 and policies affecting the identification, prosecution,

17 and deportation of aliens who have committed a

18 criminal offense in the United States;

19 (3) changes in the treaties that may be necessary

20 to increase the number of aliens convicted of criminal

21 offenses who may be transferred pursuant to the trea22 ties;

23 (4) methods for preventing the unlawful reentry

24 into the United States of aliens who have been con-
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1 victed of criminal offenses in the United States and

2 transferred pursuant to the treaties;

3 (5) any recommendations by appropriate offi4 cials of the appropriate government agencies of such

5 countries regarding programs to achieve the goals of,

6 and ensure full compliance with, the treaties;

7 (6) whether the recommendations under this sub8 section require the renegotiation of the treaties; and

9 (7) the additional funds required to implement

10 each recommendation under this subsection.

11 SEC. 170B. USING ALIEN FOR IMMORAL PURPOSES, FILING

12 REQUIREMENT.

13 Section 2424 of title 18, United States Code, is amend14 ed—

15 (1) in the first undesignated paragraph of sub16 section (a)—

17 (A) by striking ‘‘alien’’ each place it ap18 pears;

19 (B) by inserting after ‘‘individual’’ the first

20 place it appears the following: ‘‘, knowing or in

21 reckless disregard of the fact that the individual

22 is an alien’’; and

23 (C) by striking ‘‘within three years after

24 that individual has entered the United States

25 from any country, party to the arrangement
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1 adopted July 25, 1902, for the suppression of the

2 white-slave traffic’’;

3 (2) in the second undesignated paragraph of sub4 section (a)—

5 (A) by striking ‘‘thirty’’ and inserting ‘‘five

6 business’’; and

7 (B) by striking ‘‘within three years after

8 that individual has entered the United States

9 from any country, party to the said arrangement

10 for the suppression of the white-slave traffic,’’;

11 (3) in the text following the third undesignated

12 paragraph of subsection (a), by striking ‘‘two’’ and

13 inserting ‘‘10’’; and

14 (4) in subsection (b), before the period at the end

15 of the second sentence, by inserting ‘‘, or for enforce16 ment of the provisions of section 274A of the Immi17 gration and Nationality Act’’.

18 SEC. 170C. TECHNICAL CORRECTIONS TO VIOLENT CRIME

19 CONTROL ACT AND TECHNICAL CORREC20 TIONS ACT.

21 (a) IN GENERAL.—The second subsection (i) of section

22 245 (as added by section 130003(c)(1) of the Violent Crime

23 Control and Law Enforcement Act of 1994; Public Law

24 103–322) is redesignated as subsection (j) of such section.
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1 (b) CONFORMING AMENDMENT.—Section

2 241(a)(2)(A)(i)(I) (8 U.S.C. 1251(a)(2)(A)(i)(I)) is amend3 ed by striking ‘‘section 245(i)’’ and inserting ‘‘section

4 245(j)’’.

5 (c) DENIAL OF JUDICIAL ORDER.—(1) Section

6 242A(c)(4), as redesignated by section 165 of this Act, is

7 amended by striking ‘‘without a decision on the merits’’.

8 (2) The amendment made by this subsection shall be

9 effective as if originally included in section 223 of the Im10 migration and Nationality Technical Corrections Act of

11 1994 (Public Law 103–416).

12 SEC. 170D. DEMONSTRATION PROJECT FOR IDENTIFICA13 TION OF ILLEGAL ALIENS IN INCARCERATION

14 FACILITY OF ANAHEIM, CALIFORNIA.

15 (a) AUTHORITY.—The Attorney General is authorized

16 to conduct a project demonstrating the feasibility of identi17 fying illegal aliens among those individuals who are incar18 cerated in local governmental prison facilities prior to ar19 raignment on criminal charges.

20 (b) DESCRIPTION OF PROJECT.—The project author21 ized by subsection (a) shall include the detail to the city

22 of Anaheim, California, of an employee of the Immigration

23 and Naturalization Service having expertise in the identi24 fication of illegal aliens for the purpose of training local

25 officials in the identification of such aliens.
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1 (c) TERMINATION.—The authority of this section shall

2 cease to be effective 6 months after the date of the enactment

3 of this Act.

4 (d) DEFINITION.—As used in this section, the term ‘‘il5 legal alien’’ means an alien in the United States who is

6 not within any of the following classes of aliens:

7 (1) Aliens lawfully admitted for permanent resi8 dence.

9 (2) Nonimmigrant aliens described in section

10 101(a)(15) of the Immigration and Nationality Act.

11 (3) Refugees.

12 (4) Asylees.

13 (5) Parolees.

14 (6) Aliens having deportation withheld under

15 section 243(h) of the Immigration and Nationality

16 Act.

17 (7) Aliens having temporary residence status.

18 PART 6—MISCELLANEOUS

19 SEC. 171. IMMIGRATION EMERGENCY PROVISIONS.

20 (a) REIMBURSEMENT OF FEDERAL AGENCIES FROM

21 IMMIGRATION EMERGENCY FUND.—Section 404(b) (8

22 U.S.C. 1101 note) is amended—

23 (1) in paragraph (1)—

24 (A) after ‘‘paragraph (2)’’ by striking

25 ‘‘and’’ and inserting a comma,
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1 (B) by striking ‘‘State’’ and inserting

2 ‘‘other Federal agencies and States’’,

3 (C) by inserting ‘‘, and for the costs associ4 ated with repatriation of aliens attempting to

5 enter the United States illegally, whether appre6 hended within or outside the territorial sea of the

7 United States’’ before ‘‘except’’, and

8 (D) by adding at the end the following new

9 sentence: ‘‘The fund may be used for the costs of

10 such repatriations without the requirement for a

11 determination by the President that an immi12 gration emergency exists.’’; and

13 (2) in paragraph (2)(A)—

14 (A) by inserting ‘‘to Federal agencies pro15 viding support to the Department of Justice or’’

16 after ‘‘available’’; and

17 (B) by inserting a comma before ‘‘when18 ever’’.

19 (b) VESSEL MOVEMENT CONTROLS.—Section 1 of the

20 Act of June 15, 1917 (50 U.S.C. 191) is amended in the

21 first sentence by inserting ‘‘or whenever the Attorney Gen22 eral determines that an actual or anticipated mass migra23 tion of aliens en route to or arriving off the coast of the

24 United States presents urgent circumstances requiring an
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1 immediate Federal response,’’ after ‘‘United States,’’ the

2 first place it appears.

3 (c) DELEGATION OF IMMIGRATION ENFORCEMENT AU4 THORITY.—Section 103 (8 U.S.C. 1103) is amended by add5 ing at the end of subsection (a) the following new sentence:

6 ‘‘In the event the Attorney General determines that an ac7 tual or imminent mass influx of aliens arriving off the coast

8 of the United States, or near a land border, presents urgent

9 circumstances requiring an immediate Federal response, the

10 Attorney General may authorize any specially designated

11 State or local law enforcement officer, with the consent of

12 the head of the department, agency, or establishment under

13 whose jurisdiction the individual is serving, to perform or

14 exercise any of the powers, privileges, or duties conferred

15 or imposed by this Act or regulations issued thereunder

16 upon officers or employees of the Service.’’.

17 SEC. 172. AUTHORITY TO DETERMINE VISA PROCESSING

18 PROCEDURES.

19 Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amended—

20 (1) by inserting ‘‘(A)’’ after ‘‘NONDISCRIMINA21 TION.—’’; and

22 (2) by adding at the end the following:

23 ‘‘(B) Nothing in this paragraph shall be con24 strued to limit the authority of the Secretary of State

25 to determine the procedures for the processing of im-
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1 migrant visa applications or the locations where such

2 applications will be processed.’’.

3 SEC. 173. JOINT STUDY OF AUTOMATED DATA COLLECTION.

4 (a) STUDY.—The Attorney General, together with the

5 Secretary of State, the Secretary of Agriculture, the Sec6 retary of the Treasury, and appropriate representatives of

7 the air transport industry, shall jointly undertake a study

8 to develop a plan for making the transition to automated

9 data collection at ports of entry.

10 (b) REPORT.—Nine months after the date of enactment

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

12 the Committees on the Judiciary of the Senate and the

13 House of Representatives on the outcome of this joint initia14 tive, noting specific areas of agreement and disagreement,

15 and recommending further steps to be taken, including any

16 suggestions for legislation.

17 SEC. 174. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.

18 Not later than 2 years after the date of the enactment

19 of this Act, the Attorney General shall develop an automated

20 entry and exit control system that will enable the Attorney

21 General to identify, through on-line searching procedures,

22 lawfully admitted nonimmigrants who remain in the Unit23 ed States beyond the period authorized by the Attorney Gen24 eral.
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1 SEC. 175. USE OF LEGALIZATION AND SPECIAL AGRICUL2 TURAL WORKER INFORMATION.

3 (a) CONFIDENTIALITY OF INFORMATION.—Section

4 245A(c)(5) (8 U.S.C. 1255a(c)(5)) is amended by striking

5 ‘‘except that the Attorney General’’ and inserting the follow6 ing: ‘‘except that the Attorney General shall provide infor7 mation furnished under this section to a duly recognized

8 law enforcement entity in connection with a criminal inves9 tigation or prosecution, when such information is requested

10 in writing by such entity, or to an official coroner for pur11 poses of affirmatively identifying a deceased individual

12 (whether or not such individual is deceased as a result of

13 a crime) and’’.

14 (b) SPECIAL AGRICULTURAL WORKERS.—Section

15 210(b)(6)(C) (8 U.S.C. 1160(b)(6)(C)) is amended—

16 (1) by striking the period at the end of subpara17 graph (C) and inserting a comma; and

18 (2) by adding in full measure margin after sub19 paragraph (C) the following:

20 ‘‘except that the Attorney General shall provide infor21 mation furnished under this section to a duly recog22 nized law enforcement entity in connection with a

23 criminal investigation or prosecution, when such in24 formation is requested in writing by such entity, or

25 to an official coroner for purposes of affirmatively
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1 identifying a deceased individual (whether or not

2 such individual is deceased as a result of a crime).’’.

3 SEC. 176. RESCISSION OF LAWFUL PERMANENT RESIDENT

4 STATUS.

5 Section 246(a) (8 U.S.C. 1256(a)) is amended—

6 (1) by inserting ‘‘(1)’’ immediately after ‘‘(a)’’;

7 and

8 (2) by adding at the end the following new sen9 tence: ‘‘Nothing in this subsection requires the Attor10 ney General to rescind the alien’s status prior to com11 mencement of procedures to deport the alien under

12 section 242 or 242A, and an order of deportation is13 sued by a special inquiry officer shall be sufficient to

14 rescind the alien’s status.’’.

15 SEC. 177. COMMUNICATION BETWEEN FEDERAL, STATE,

16 AND LOCAL GOVERNMENT AGENCIES, AND

17 THE IMMIGRATION AND NATURALIZATION

18 SERVICE.

19 Notwithstanding any other provision of Federal, State,

20 or local law, no Federal, State, or local government entity

21 shall prohibit, or in any way restrict, any government en22 tity or any official within its jurisdiction from sending to,

23 or receiving from, the Immigration and Naturalization

24 Service information regarding the immigration status, law25 ful or unlawful, of any person.
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1 SEC. 178. AUTHORITY TO USE VOLUNTEERS.

2 (a) ACCEPTANCE OF DONATED SERVICES.—Notwith3 standing any other provision of law, but subject to sub4 section (b), the Attorney General may accept, administer,

5 and utilize gifts of services from any person for the purpose

6 of providing administrative assistance to the Immigration

7 and Naturalization Service in administering programs re8 lating to naturalization, adjudications at ports of entry,

9 and removal of criminal aliens. Nothing in this section re10 quires the Attorney General to accept the services of any

11 person.

12 (b) LIMITATION.—Such person may not administer or

13 score tests and may not adjudicate.

14 SEC. 179. AUTHORITY TO ACQUIRE FEDERAL EQUIPMENT

15 FOR BORDER.

16 In order to facilitate or improve the detection, interdic17 tion, and reduction by the Immigration and Naturalization

18 Service of illegal immigration into the United States, the

19 Attorney General is authorized to acquire and utilize any

20 Federal equipment (including, but not limited to, fixed21 wing aircraft, helicopters, four-wheel drive vehicles, sedans,

22 night vision goggles, night vision scopes, and sensor units)

23 determined available for transfer to the Department of Jus24 tice by any other agency of the Federal Government upon

25 request of the Attorney General.
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1 SEC. 180. LIMITATION ON LEGALIZATION LITIGATION.

2 (a) LIMITATION ON COURT JURISDICTION.—Section

3 245A(f)(4) is amended by adding at the end the following

4 new subparagraph:

5 ‘‘(C) JURISDICTION OF COURTS.—Notwithstanding

6 any other provision of law, no court shall have jurisdiction

7 of any cause of action or claim by or on behalf of any per8 son asserting an interest under this section unless such per9 son in fact filed an application under this section within

10 the period specified by subsection (a)(1), or attempted to

11 file a complete application and application fee with an au12 thorized legalization officer of the Immigration and Natu13 ralization Service but had the application and fee refused

14 by that officer.’’.

15 (b) EFFECTIVE DATE.—The amendment made by this

16 section shall be effective as if originally included in section

17 201 of the Immigration Control and Financial Responsibil18 ity Act of 1986.

19 SEC. 181. LIMITATION ON ADJUSTMENT OF STATUS.

20 Section 245(c) (8 U.S.C. 1255(c)) is amended—

21 (1) by striking ‘‘or (5)’’ and inserting ‘‘(5)’’; and

22 (2) by inserting before the period at the end the

23 following: ‘‘; (6) any alien who seeks adjustment of

24 status as an employment-based immigrant and is not

25 in a lawful nonimmigrant status; or (7) any alien

26 who was employed while the alien was an unauthor-
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1 ized alien, as defined in section 274A(h)(3), or who

2 has otherwise violated the terms of a nonimmigrant

3 visa’’.

4 SEC. 182. REPORT ON DETENTION SPACE.

5 (a) IN GENERAL.—Not later than one year after the

6 date of the enactment of this Act, the Attorney General shall

7 submit a report to the Congress estimating the amount of

8 detention space that would be required on the date of enact9 ment of this Act, in 5 years, and in 10 years, under various

10 policies on the detention of aliens, including but not limited

11 to—

12 (1) detaining all excludable or deportable aliens

13 who may lawfully be detained;

14 (2) detaining all excludable or deportable aliens

15 who previously have been excluded, been deported, de16 parted while an order of exclusion or deportation was

17 outstanding, voluntarily departed under section 244,

18 or voluntarily returned after being apprehended while

19 violating an immigration law of the United States;

20 and

21 (3) the current policy.

22 (b) ESTIMATE OF NUMBER OF ALIENS RELEASED

23 INTO THE COMMUNITY.—Such report shall also estimate the

24 number of excludable or deportable aliens who have been

25 released into the community in each of the 3 years prior
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1 to the date of enactment of this Act under circumstances

2 that the Attorney General believes justified detention (for

3 example, a significant probability that the released alien

4 would not appear, as agreed, at subsequent exclusion or de5 portation proceedings), but a lack of detention facilities re6 quired release.

7 SEC. 183. COMPENSATION OF IMMIGRATION JUDGES.

8 (a) COMPENSATION.—

9 (1) IN GENERAL.—There shall be four levels of

10 pay for special inquiry officers of the Department of

11 Justice (in this section referred to as ‘‘immigration

12 judges’’) under the Immigration Judge Schedule (des13 ignated as IJ–1, IJ–2, IJ–3, and IJ–4, respectively),

14 and each such judge shall be paid at one of those lev15 els, in accordance with the provisions of this sub16 section.

17 (2) RATES OF PAY.—(A) The rates of basic pay

18 for the levels established under paragraph (1) shall be

19 as follows:

IJ–1 ................................................... 70 percent of the next to highest rate

of basic pay for the Senior Executive Service.

IJ–2 ................................................... 80 percent of the next to highest rate

of basic pay for the Senior Executive Service.

IJ–3 ................................................... 90 percent of the next to highest rate

of basic pay for the Senior Executive Service.

IJ–4 ................................................... 92 percent of the next to highest rate

of basic pay for the Senior Executive Service.
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1 (B) Locality pay, where applicable, shall be cal2 culated into the basic pay for immigration judges.

3 (3) APPOINTMENT.—(A) Upon appointment, an

4 immigration judge shall be paid at IJ–1, and shall

5 be advanced to IJ–2 upon completion of 104 weeks of

6 service, to IJ–3 upon completion of 104 weeks of serv7 ice in the next lower rate, and to IJ–4 upon comple8 tion of 52 weeks of service in the next lower rate.

9 (B) The Attorney General may provide for ap10 pointment of an immigration judge at an advanced

11 rate under such circumstances as the Attorney Gen12 eral may determine appropriate.

13 (4) TRANSITION.—Judges serving on the Immi14 gration Court as of the effective date of this subsection

15 shall be paid at the rate that corresponds to the

16 amount of time, as provided under paragraph (3)(A),

17 that they have served as an immigration judge.

18 (b) EFFECTIVE DATE.—Subsection (a) shall take effect

19 90 days after the date of the enactment of this Act.

20 SEC. 184. ACCEPTANCE OF STATE SERVICES TO CARRY OUT

21 IMMIGRATION ENFORCEMENT.

22 Section 287 (8 U.S.C. 1357) is amended by adding

23 at the end the following:

24 ‘‘(g)(1) Notwithstanding section 1342 of title 31, Unit25 ed States Code, the Attorney General may enter into a writ-
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1 ten agreement with a State, or any political subdivision

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

3 State or subdivision, who is determined by the Attorney

4 General to be qualified to perform a function of an immi5 gration officer in relation to the arrest or detention of aliens

6 in the United States (including the transportation of such

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

8 out such function at the expense of the State or political

9 subdivision and to the extent consistent with State and local

10 law.

11 ‘‘(2) An agreement under this subsection shall require

12 that an officer or employee of a State or political subdivi13 sion of a State performing a function under the agreement

14 shall have knowledge of, and adhere to, Federal law relating

15 to the function, and shall contain a written certification

16 that the officers or employees performing the function under

17 the agreement have received adequate training regarding

18 the enforcement of relevant Federal immigration laws.

19 ‘‘(3) In performing a function under this subsection,

20 an officer or employee of a State or political subdivision

21 of a State shall be subject to the direction and supervision

22 of the Attorney General.

23 ‘‘(4) In performing a function under this subsection,

24 an officer or employee of a State or political subdivision

25 of a State may use Federal property or facilities, as pro-
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1 vided in a written agreement between the Attorney General

2 and the State or subdivision.

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

4 or political subdivision who is authorized to perform a

5 function under this subsection, the specific powers and du6 ties that may be, or are required to be, exercised or per7 formed by the individual, the duration of the authority of

8 the individual, and the position of the agency of the Attor9 ney General who is required to supervise and direct the in10 dividual, shall be set forth in a written agreement between

11 the Attorney General and the State or political subdivision.

12 ‘‘(6) The Attorney General may not accept a service

13 under this subsection if the service will be used to displace

14 any Federal employee.

15 ‘‘(7) Except as provided in paragraph (8), an officer

16 or employee of a State or political subdivision of a State

17 performing functions under this subsection shall not be

18 treated as a Federal employee for any purpose other than

19 for purposes of chapter 81 of title 5, United States Code,

20 (relating to compensation for injury) and sections 2671

21 through 2680 of title 28, United States Code (relating to

22 tort claims).

23 ‘‘(8) An officer or employee of a State or political sub24 division of a State acting under color of authority under

25 this subsection, or any agreement entered into under this
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1 subsection, shall be considered to be acting under color of

2 Federal authority for purposes of determining the liability,

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

4 civil action brought under Federal or State law.

5 ‘‘(9) Nothing in this subsection shall be construed to

6 require any State or political subdivision of a State to enter

7 into an agreement with the Attorney General under this

8 subsection.

9 ‘‘(10) Nothing in this subsection shall be construed to

10 require an agreement under this subsection in order for any

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

12 State—

13 ‘‘(A) to communicate with the Attorney General

14 regarding the immigration status of any individual,

15 including reporting knowledge that a particular alien

16 is not lawfully present in the United States; or

17 ‘‘(B) otherwise to cooperate with the Attorney

18 General in the identification, apprehension, detention,

19 or removal of aliens not lawfully present in the Unit20 ed States.’’.

21 SEC. 185. ALIEN WITNESS COOPERATION.

22 Section 214(j)(1) of the Immigration and Nationality

23 Act (8 U.S.C. 1184(j)(1)) (relating to numerical limitations

24 on the number of aliens that may be provided visas as non-
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1 immigrants under section 101(a)(15)(5)(ii) of such Act) is

2 amended—

3 (1) by striking ‘‘100’’ and inserting ‘‘200’’; and

4 (2) by striking ‘‘25’’ and inserting ‘‘50’’.

5 Subtitle B—Other Control Measures

6 PART 1—PAROLE AUTHORITY

7 SEC. 191. USABLE ONLY ON A CASE-BY-CASE BASIS FOR HU8 MANITARIAN REASONS OR SIGNIFICANT PUB9 LIC BENEFIT.

10 Section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)) is amend11 ed by striking ‘‘for emergent reasons or for reasons deemed

12 strictly in the public interest’’ and inserting ‘‘on a case13 by-case basis for urgent humanitarian reasons or signifi14 cant public benefit’’.

15 SEC. 192. INCLUSION IN WORLDWIDE LEVEL OF FAMILY16 SPONSORED IMMIGRANTS.

17 (a) IN GENERAL.—Section 201(c) (8 U.S.C. 1151(c))

18 is amended—

19 (1) by amending paragraph (1)(A)(ii) to read as

20 follows:

21 ‘‘(ii) the sum of the number computed under

22 paragraph (2) and the number computed under para23 graph (4), plus’’; and

24 (2) by adding at the end the following new para25 graphs:
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1 ‘‘(4) The number computed under this paragraph for

2 a fiscal year is the number of aliens who were paroled into

3 the United States under section 212(d)(5) in the second pre4 ceding fiscal year and who did not depart from the United

5 States within 365 days.

6 ‘‘(5) If any alien described in paragraph (4) is subse7 quently admitted as an alien lawfully admitted for perma8 nent residence, such alien shall not again be considered for

9 purposes of paragraph (1).’’.

10 (b) INCLUSION OF PAROLED ALIENS.—Section 202 (8

11 U.S.C. 1152) is amended by adding at the end the following

12 new subsection:

13 ‘‘(f)(1) For purposes of subsection (a)(2), an immi14 grant visa shall be considered to have been made available

15 in a fiscal year to any alien who is not an alien lawfully

16 admitted for permanent residence but who was paroled into

17 the United States under section 212(d)(5) in the second pre18 ceding fiscal year and who did not depart from the United

19 States within 365 days.

20 ‘‘(2) If any alien described in paragraph (1) is subse21 quently admitted as an alien lawfully admitted for perma22 nent residence, an immigrant visa shall not again be con23 sidered to have been made available for purposes of sub24 section (a)(2).’’.
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1 PART 2—ASYLUM

2 SEC. 193. TIME LIMITATION ON ASYLUM CLAIMS.

3 (a) Section 208(a) (8 U.S.C. 1158(a)) is amended—

4 (1) by striking ‘‘The’’ and inserting the follow5 ing: ‘‘(1) Except as provided in paragraph (2), the’’;

6 and

7 (2) by adding at the end the following:

8 ‘‘(2)(A) An application for asylum filed for the first

9 time during an exclusion or deportation proceeding shall

10 not be considered if the proceeding was commenced more

11 than one year after the alien’s entry or admission into the

12 United States.

13 ‘‘(B) An application for asylum may be considered,

14 notwithstanding subparagraph (A), if the applicant shows

15 good cause for not having filed within the specified period

16 of time.’’.

17 (b) As used in this section, ‘‘good cause’’ may include,

18 but is not limited to, circumstances that changed after the

19 applicant entered the United States and that are relevant

20 to the applicant’s eligibility for asylum; physical or mental

21 disability; threats of retribution against the applicant’s rel22 atives abroad; attempts to file affirmatively that were suc23 cessful because of technical defects; efforts to seek asylum

24 that were delayed by the temporary unavailability of pro25 fessional assistance; the illness or death of the applicant’s
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1 legal representative; or other extenuating circumstances as

2 determined by the Attorney General.

3 SEC. 194. LIMITATION ON WORK AUTHORIZATION FOR ASY4 LUM APPLICANTS.

5 Section 208 (8 U.S.C. 1158), as amended by this Act,

6 is further amended by adding at the end the following new

7 subsection:

8 ‘‘(f)(1) An applicant for asylum may not engage in

9 employment in the United States unless such applicant has

10 submitted an application for employment authorization to

11 the Attorney General and, subject to paragraph (2), the At12 torney General has granted such authorization.

13 ‘‘(2) The Attorney General may deny any application

14 for, or suspend or place conditions on any grant of, author15 ization for any applicant for asylum to engage in employ16 ment in the United States.’’.

17 SEC. 195. INCREASED RESOURCES FOR REDUCING ASYLUM

18 APPLICATION BACKLOGS.

19 (a) PURPOSE AND PERIOD OF AUTHORIZATION.—For

20 the purpose of reducing the number of applications pending

21 under sections 208 and 243(h) of the Immigration and Na22 tionality Act (8 U.S.C. 1158 and 1253) as of the date of

23 the enactment of this Act, the Attorney General shall have

24 the authority described in subsection (b) for a period of two
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1 years, beginning 90 days after the date of the enactment

2 of this Act.

3 (b) PROCEDURES FOR PROPERTY ACQUISITION ON

4 LEASING.—Notwithstanding the Federal Property and Ad5 ministrative Services Act of 1949 (40 U.S.C. 471 et seq.),

6 the Attorney General is authorized to expend out of funds

7 made available to the Department of Justice for the admin8 istration of the Immigration and Nationality Act such

9 amounts as may be necessary for the leasing or acquisition

10 of property to carry out the purpose described in subsection

11 (a).

12 PART 3—CUBAN ADJUSTMENT ACT

13 SEC. 196. REPEAL AND EXCEPTION.

14 (a) REPEAL.—Subject to subsection (b), Public Law

15 89–732, as amended, is hereby repealed.

16 (b) Notwithstanding any other provision of this Act,

17 the repeal of Public Law 89–732 made by this Act shall

18 become effective only upon a determination by the President

19 under section 203(c)(3) of the Cuban Liberty and Demo20 cratic Solidarity (LIBERTAD) Act of 1996 that a demo21 cratically elected government in Cuba is in power.
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1 Subtitle C—Effective Dates

2 SEC. 197. EFFECTIVE DATES.

3 Except as otherwise provided in this title, and the

4 amendments made by this title, shall take effect on the date

5 of the enactment of this Act.

6 TITLE II—FINANCIAL

7 RESPONSIBILITY

8 Subtitle A—Receipt of Certain

9 Government Benefits

10 SEC. 201. INELIGIBILITY OF EXCLUDABLE, DEPORTABLE,

11 AND NONIMMIGRANT ALIENS.

12 (a) PUBLIC ASSISTANCE AND BENEFITS.—

13 (1) IN GENERAL.—Notwithstanding any other

14 provision of law, an ineligible alien (as defined in

15 subsection (f)(2)) shall not be eligible to receive—

16 (A) any benefits under a public assistance

17 program (as defined in subsection (f)(3)), ex18 cept—

19 (i) emergency medical services under

20 title XIX of the Social Security Act,

21 (ii) subject to paragraph (4), prenatal

22 and postpartum services under title XIX of

23 the Social Security Act,

24 (iii) short-term emergency disaster re25 lief,
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1 (iv) assistance or benefits under—

2 (I) the National School Lunch Act

3 (42 U.S.C. 1751 et seq.),

4 (II) the Child Nutrition Act of

5 1966 (42 U.S.C. 1771 et seq.),

6 (III) section 4 of the Agriculture

7 and Consumer Protection Act of 1973

8 (Public Law 93–86; 7 U.S.C. 612c

9 note),

10 (IV) the Emergency Food Assist11 ance Act of 1983 (Public Law 98–8; 7

12 U.S.C. 612c note),

13 (V) section 110 of the Hunger

14 Prevention Act of 1988 (Public Law

15 100–435; 7 U.S.C. 612c note), and

16 (VI) the food distribution program

17 on Indian reservations established

18 under section 4(b) of Public Law 88–

19 525 (7 U.S.C. 2013(b)),

20 (v) public health assistance for immu21 nizations and, if the Secretary of Health

22 and Human Services determines that it is

23 necessary to prevent the spread of a serious

24 communicable disease, for testing and treat25 ment for such diseases, and
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1 (vi) such other service or assistance

2 (such as soup kitchens, crisis counseling,

3 intervention (including intervention for do4 mestic violence), and short-term shelter) as

5 the Attorney General specifies, in the Attor6 ney General’s sole and unreviewable discre7 tion, after consultation with the heads of

8 appropriate Federal agencies, if—

9 (I) such service or assistance is

10 delivered at the community level, in11 cluding through public or private non12 profit agencies;

13 (II) such service or assistance is

14 necessary for the protection of life, safe15 ty, or public health; and

16 (III) such service or assistance or

17 the amount or cost of such service or

18 assistance is not conditioned on the re19 cipient’s income or resources; or

20 (B) any grant, contract, loan, professional

21 license, or commercial license provided or funded

22 by any agency of the United States or any State

23 or local government entity, except—
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1 ‘‘(i) if the alien is a nonimmigrant

2 alien authorized to work in the United

3 States—

4 ‘‘(I) any professional or commer5 cial license required to engage in such

6 work, if the nonimmigrant is otherwise

7 qualified for such license; or

8 ‘‘(II) any contract provided or

9 funded by such an agency or entity; or

10 ‘‘(ii) if the alien is an alien who is

11 outside of the United States, any contract

12 provided or funded by such an agency or

13 entity.’’.

14 (2) BENEFITS OF RESIDENCE.—Notwithstanding

15 any other provision of law, no State or local govern16 ment entity shall consider any ineligible alien as a

17 resident when to do so would place such alien in a

18 more favorable position, regarding access to, or the

19 cost of, any benefit or government service, except ele20 mentary or secondary education, than a United

21 States citizen who is not regarded as such a resident.

22 (3) NOTIFICATION OF ALIENS.—

23 (A) IN GENERAL.—The agency administer24 ing a program referred to in paragraph (1)(A)

25 or providing benefits referred to in paragraph
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1 (1)(B) shall, directly or, in the case of a Federal

2 agency, through the States, notify individually

3 or by public notice, all ineligible aliens who are

4 receiving benefits under a program referred to in

5 paragraph (1)(A), or are receiving benefits re6 ferred to in paragraph (1)(B), as the case may

7 be, immediately prior to the date of the enact8 ment of this Act and whose eligibility for the

9 program is terminated by reason of this sub10 section.

11 (B) FAILURE TO GIVE NOTICE.—Nothing in

12 subparagraph (A) shall be construed to require

13 or authorize continuation of such eligibility if

14 the notice required by such paragraph is not

15 given.

16 (4) LIMITATION ON PREGNANCY SERVICES FOR

17 UNDOCUMENTED ALIENS.—

18 (A) 3-YEAR CONTINUOUS RESIDENCE.—An

19 ineligible alien may not receive the services de20 scribed in paragraph (1)(A)(ii) unless such alien

21 can establish proof of continuous residence in the

22 United States for not less than 3 years, as deter23 mined in accordance with section 245a.2(d)(3) of

24 title 8, Code of Federal Regulations as in effect
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1 on the day before the date of the enactment of

2 this Act.

3 (B) LIMITATION ON EXPENDITURES.—Not

4 more than $120,000,000 in outlays may be ex5 pended under title XIX of the Social Security

6 Act for reimbursement of services described in

7 paragraph (1)(A)(ii) that are provided to indi8 viduals described in subparagraph (A).

9 (C) CONTINUED SERVICES BY CURRENT

10 STATES.—States that have provided services de11 scribed in paragraph (1)(A)(ii) for a period of 3

12 years before the date of the enactment of this Act

13 shall continue to provide such services and shall

14 be reimbursed by the Federal Government for the

15 costs incurred in providing such services. States

16 that have not provided such services before the

17 date of the enactment of this Act, but elect to

18 provide such services after such date, shall be re19 imbursed for the costs incurred in providing such

20 services. In no case shall States be required to

21 provide services in excess of the amounts pro22 vided in subparagraph (B).

23 (b) UNEMPLOYMENT BENEFITS.—Notwithstanding

24 any other provision of law, only eligible aliens who have

25 been granted employment authorization pursuant to Fed-
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1 eral law, and United States citizens or nationals, may re2 ceive unemployment benefits payable out of Federal funds,

3 and such eligible aliens may receive only the portion of such

4 benefits which is attributable to the authorized employment.

5 (c) SOCIAL SECURITY BENEFITS.—(1) Section 202 of

6 the Social Security Act (42 U.S.C. 402) is amended by add7 ing at the end the following new subsection:

8 ‘‘Limitation on Payments to Aliens

9 ‘‘(y)(1) Notwithstanding any other provision of law

10 and except as provided in paragraph (2), no monthly bene11 fit under this title shall be payable to any alien in the Unit12 ed States for any month during which such alien is not

13 lawfully present in the United States as determined by the

14 Attorney General.

15 ‘‘(2) Paragraph (1) shall not apply in any case where

16 entitlement to such benefit is based on an application filed

17 before the date of the enactment of this subsection.’’.

18 (2) Nothing in this subsection (c) shall affect any obli19 gation or liability of any individual or employer under title

20 21 of subtitle C of the Internal Revenue Code.

21 (3) No more than eighteen months following enactment

22 of this Act, the Comptroller General is directed to conduct

23 and complete a study of whether, and to what extent, indi24 viduals who are not authorized to work in the United States
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1 are qualifying for Old Age, Survivors, and Disability In2 surance (OASDI) benefits based on their earnings record.

3 (d) HOUSING ASSISTANCE PROGRAMS.—Not later than

4 90 days after the date of the enactment of this Act, the Sec5 retary of Housing and Urban Development shall submit a

6 report to the Committee on the Judiciary and the Commit7 tee on Banking, Housing, and Urban Affairs of the Senate,

8 and the Committee on the Judiciary and the Committee on

9 Banking and Financial Services of the House of Represent10 atives, describing the manner in which the Secretary is en11 forcing section 214 of the Housing and Community Devel12 opment Act of 1980 (Public Law 96–399; 94 Stat. 1637)

13 and containing statistics with respect to the number of indi14 viduals denied financial assistance under such section.

15 (e) NONPROFIT, CHARITABLE ORGANIZATIONS.—

16 (1) IN GENERAL.—Nothing in this Act shall be

17 construed as requiring a nonprofit charitable organi18 zation operating any program of assistance provided

19 or funded, in whole or in part, by the Federal Gov20 ernment to—

21 (A) determine, verify, or otherwise require

22 proof of the eligibility, as determined under this

23 title, of any applicant for benefits or assistance

24 under such program; or
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1 (B) deem that the income or assets of any

2 applicant for benefits or assistance under such

3 program include the income or assets described

4 in section 204(b).

5 (2) NO EFFECT ON FEDERAL AUTHORITY TO DE6 TERMINE COMPLIANCE.—Nothing in this subsection

7 shall be construed as prohibiting the Federal Govern8 ment from determining the eligibility, under this sec9 tion or section 204, of any individual for benefits

10 under a public assistance program (as defined in sub11 section (f)(3)) or for government benefits (as defined

12 in subsection (f)(4)).

13 (f) DEFINITIONS.—For the purposes of this section—

14 (1) ELIGIBLE ALIEN.—The term ‘‘eligible alien’’

15 means an individual who is—

16 (A) an alien lawfully admitted for perma17 nent residence under the Immigration and Na18 tionality Act,

19 (B) an alien granted asylum under section

20 208 of such Act,

21 (C) a refugee admitted under section 207 of

22 such Act,

23 (D) an alien whose deportation has been

24 withheld under section 243(h) of such Act,
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1 (E) an alien paroled into the United States

2 under section 212(d)(5) of such Act for a period

3 of at least 1 year, or

4 (F) an alien who—

5 (i) has been battered or subjected to ex6 treme cruelty in the United States by a

7 spouse or a parent, or by a member of the

8 spouse or parent’s family residing in the

9 same household as the alien and the spouse

10 or parent consented or acquiesced to such

11 battery or cruelty; and

12 (ii) has petitioned (or petitions within

13 45 days after the first application for

14 means-tested government assistance under

15 SSI, AFDC, social services block grants;

16 Medicaid, food stamps, or housing assist17 ance) for—

18 (I) status as a spouse or a child

19 of a United States citizen pursuant to

20 clause (ii), (iii), or (iv) of section

21 204(a)(1)(A) of the Immigration and

22 Nationality Act,

23 (II) classification pursuant to

24 clause (ii) or (iii) of section

25 204(a)(1)(B) of the Act, or
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1 (III) suspension of deportation

2 and adjustment of status pursuant to

3 section 244(a)(3) of such Act, or

4 (iii) is the beneficiary of a petition for

5 status as a spouse or child of a United

6 States citizen pursuant to clause (i) of sec7 tion 204(a)(1)(A) of the Immigration and

8 Nationality Act, or of a petition filed for

9 classification pursuant to clause (i) of sec10 tion 204(a)(1)(B) of such Act; or

11 (G) an alien whose child—

12 (i) has been battered or subjected to ex13 treme cruelty in the United States by a

14 spouse or a parent of the alien (without the

15 active participation of the alien in the bat16 tery or extreme cruelty), or by a member of

17 the spouse or parent’s family residing in the

18 same household as the alien and the spouse

19 or parent consented or acquiesced to such

20 battery or cruelty, and the alien did not ac21 tively participate in such battery or cruelty;

22 and

23 (ii) has petitioned (or petitions within

24 45 days after the first application for as-
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1 sistance from a means-tested government as2 sistance program) for—

3 (I) status as a spouse or a child

4 of a United States citizen pursuant to

5 clause (ii), (iii), or (iv) of section

6 204(a)(1)(A) of the Immigration and

7 Nationality Act,

8 (II) classification pursuant to

9 clause (ii) or (iii) of section

10 204(a)(1)(B) of the Act, or

11 (III) suspension of deportation

12 and adjustment of status pursuant to

13 section 244(a)(3) of such Act, or

14 (iii) is the beneficiary of a petition for

15 status as a spouse or child of a United

16 States citizen pursuant to clause (i) of sec17 tion 204(a)(1)(A) of the Immigration and

18 Nationality Act, or of a petition filed for

19 classification.

20 (2) INELIGIBLE ALIEN.—The term ‘‘ineligible

21 alien’’ means an individual who is not—

22 (A) a United States citizen or national; or

23 (B) an eligible alien.

24 (3) PUBLIC ASSISTANCE PROGRAM.—The term

25 ‘‘public assistance program’’ means any program of
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1 assistance provided or funded, in whole or in part, by

2 the Federal Government or any State or local govern3 ment entity, for which eligibility for benefits is based

4 on need.

5 (4) GOVERNMENT BENEFITS.—The term ‘‘govern6 ment benefits’’ includes—

7 (A) any grant, contract, loan, professional

8 license, or commercial license provided or funded

9 by any agency of the United States or any State

10 or local government entity, except—

11 (i) if the alien is a nonimmigrant

12 alien authorized to work in the United

13 States—

14 (I) any professional or commer15 cial license required to engage in such

16 work, if the nonimmigrant is otherwise

17 qualified for such license; or

18 (II) any contract provided or

19 funded by such an agency or entity; or

20 (ii) if the alien is an alien who is out21 side of the United States, any contract pro22 vided or funded by such an agency or en23 tity.

24 (B) unemployment benefits payable out of

25 Federal funds;
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1 (C) benefits under title II of the Social Se2 curity Act;

3 (D) financial assistance for purposes of sec4 tion 214(a) of the Housing and Community De5 velopment Act of 1980 (Public Law 96–399; 94

6 Stat. 1637); and

7 (E) benefits based on residence that are pro8 hibited by subsection (a)(2).

9 SEC. 202. DEFINITION OF ‘‘PUBLIC CHARGE’’ FOR PURPOSES

10 OF DEPORTATION.

11 (a) IN GENERAL.—Section 241(a)(5) (8 U.S.C.

12 1251(a)(5)) is amended to read as follows:

13 ‘‘(5) PUBLIC CHARGE.—

14 ‘‘(A) IN GENERAL.—Except as provided in

15 subparagraphs (B) and (E), any alien who dur16 ing the public charge period becomes a public

17 charge, regardless of when the cause for becoming

18 a public charge arises, is deportable for a period

19 of five years after the immigrant last receives a

20 benefit during the public charge period under

21 any of the programs described in subparagraph

22 (D).

23 ‘‘(B) EXCEPTIONS.—Subparagraph (A)

24 shall not apply if the alien is a refugee or has
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1 been granted asylum, or if the cause of the

2 alien’s becoming a public charge—

3 ‘‘(i) arose after entry (in the case of an

4 alien who entered as an immigrant) or after

5 adjustment to lawful permanent resident

6 status (in the case of an alien who entered

7 as a nonimmigrant), and

8 ‘‘(ii) was a physical illness, or physical

9 injury, so serious the alien could not work

10 at any job, or a mental disability that re11 quired continuous hospitalization.

12 ‘‘(C) DEFINITIONS.—

13 ‘‘(i) PUBLIC CHARGE PERIOD.—For

14 purposes of subparagraph (A), the term

15 ‘public charge period’ means the period be16 ginning on the date the alien entered the

17 United States and ending—

18 ‘‘(I) for an alien who entered the

19 United States as an immigrant, 5

20 years after entry, or

21 ‘‘(II) for an alien who entered the

22 United States as a nonimmigrant, 5

23 years after the alien adjusted to per24 manent resident status.
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1 ‘‘(ii) PUBLIC CHARGE.—For purposes

2 of subparagraph (A), the term ‘public

3 charge’ includes any alien who receives ben4 efits under any program described in sub5 paragraph (D) for an aggregate period of

6 more than 12 months.

7 ‘‘(D) PROGRAMS DESCRIBED.—The pro8 grams described in this subparagraph are the fol9 lowing:

10 ‘‘(i) The aid to families with dependent

11 children program under title IV of the So12 cial Security Act.

13 ‘‘(ii) The medicaid program under title

14 XIX of the Social Security Act.

15 ‘‘(iii) The food stamp program under

16 the Food Stamp Act of 1977.

17 ‘‘(iv) The supplemental security in18 come program under title XVI of the Social

19 Security Act.

20 ‘‘(v) Any State general assistance pro21 gram.

22 ‘‘(vi) Any other program of assistance

23 funded, in whole or in part, by the Federal

24 Government or any State or local govern25 ment entity, for which eligibility for benefits
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1 is based on need, except the programs listed

2 as exceptions in clauses (i) through (vi) of

3 section 201(a)(1)(A) of the Immigration Re4 form Act of 1996 or any student assistance

5 received or approved for receipt under title

6 IV, V, IX, or X of the Higher Education Act

7 of 1965 in an academic year which ends or

8 begins in the calendar year in which this

9 Act is enacted until the matriculation of

10 their education.

11 ‘‘(E) SPECIAL RULE FOR BATTERED WOMEN

12 AND CHILDREN.—(i) For purposes of any deter13 mination under subparagraph (A), and except as

14 provided under clause (ii), the aggregate period

15 shall be 48 months within the first 7 years of

16 entry if the alien can demonstrate that (I) the

17 alien has been battered or subjected to extreme

18 cruelty in the United States by a spouse or a

19 parent, or by a member of the spouse or parent’s

20 family residing in the same household as the

21 alien and the spouse or parent consented or ac22 quiesced to such battery or cruelty, or (II) the

23 alien’s child has been battered or subjected to ex24 treme cruelty in the United States by a spouse

25 or parent of the alien (without the active partici-
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1 pation of the alien in the battery or extreme cru2 elty), or by a member of the spouse or parent’s

3 family residing in the same household as the

4 alien when the spouse or parent consented or ac5 quiesced to and the alien did not actively par6 ticipate in such battery or cruelty, and the need

7 for the public benefits received has a connection

8 to the battery or cruelty described in subclause

9 (I) or (II).

10 ‘‘(ii) For the purposes of a determination

11 under subparagraph (A), the aggregate period

12 may exceed 48 months within the first 7 years

13 of entry if the alien can demonstrate that any

14 battery or cruelty under clause (ii) is ongoing,

15 has led to the issuance of an order of a judge or

16 an administrative law judge or a prior deter17 mination of the Service, and that such battery or

18 cruelty has a causal relationship to the need for

19 the benefits received.pursuant to clause (i) of sec20 tion 204(a)(1)(B) of such Act.’’.

21 (b) CONSTRUCTION.—Nothing in subparagraph (B),

22 (C), or (D) of section 241(a)(5) of the Immigration and

23 Nationality Act, as amended by subsection (a), may be con24 strued to affect or apply to any determination of an alien
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1 as a public charge made before the date of the enactment

2 of this Act.

3 (c) REVIEW OF STATUS.—

4 (1) IN GENERAL.—In reviewing any application

5 by an alien for benefits under section 216, section

6 245, or chapter 2 of title III of the Immigration and

7 Nationality Act, the Attorney General shall determine

8 whether or not the applicant is deportable under sec9 tion 241(a)(5)(A) of such Act, as so amended.

10 (2) GROUNDS FOR DENIAL.—If the Attorney

11 General determines that an alien is deportable under

12 section 241(a)(5)(A) of the Immigration and Nation13 ality Act, the Attorney General shall deny such appli14 cation and shall institute deportation proceedings

15 with respect to such alien, unless the Attorney Gen16 eral exercises discretion to withhold or suspend depor17 tation pursuant to any other section of such Act.

18 (d) EFFECTIVE DATE.—This section and the amend19 ments made by this section shall apply to aliens who enter

20 the United States on or after the date of the enactment of

21 this Act and to aliens who entered as nonimmigrants before

22 such date but adjust or apply to adjust their status after

23 such date.
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1 SEC. 203. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF

2 SUPPORT.

3 (a) ENFORCEABILITY.—(1) No affidavit of support

4 may be relied upon by the Attorney General or by any con5 sular officer to establish that an alien is not excludable as

6 a public charge under section 212(a)(4) of the Immigration

7 and Nationality Act unless such affidavit is executed as a

8 contract—

9 (A) which is legally enforceable against the spon10 sor by the sponsored individual, by the Federal Gov11 ernment, and by any State, district, territory, or pos12 session of the United States (or any subdivision of

13 such State, district, territory, or possession of the

14 United States) which provides any benefit described

15 in section 241(a)(5)(D), but not later than 10 years

16 after the sponsored individual last receives any such

17 benefit;

18 (B) in which the sponsor agrees to financially

19 support the sponsored individual, so that he or she

20 will not become a public charge, until the sponsored

21 individual has worked in the United States for 40

22 qualifying quarters; and

23 (C) in which the sponsor agrees to submit to the

24 jurisdiction of any Federal or State court for the pur25 pose of actions brought under subsection (d) or (e).
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1 (2) In determining the number of qualifying quarters

2 for which a sponsored individual has worked for purposes

3 of paragraph (1)(B), an individual not meeting the require4 ments of subparagraphs (A) or (C) of subsection (f)(3) for

5 any quarter shall be treated as meeting such requirements

6 if—

7 (A) their spouse met such requirements for such

8 quarter and they filed a joint income tax return cov9 ering such quarter; or

10 (B) the individual who claimed such individual

11 as a dependent on an income tax return covering such

12 quarter met such requirements for such quarter.

13 (b) FORMS.—Not later than 90 days after the date of

14 the enactment of this Act, the Secretary of State, the Attor15 ney General, and the Secretary of Health and Human Serv16 ices shall jointly formulate the affidavit of support described

17 in this section.

18 (c) NOTIFICATION OF CHANGE OF ADDRESS.—

19 (1) GENERAL REQUIREMENT.—The sponsor shall

20 notify the Attorney General and the State, district,

21 territory, or possession in which the sponsored indi22 vidual is currently a resident within 30 days of any

23 change of address of the sponsor during the period

24 specified in subsection (a)(1).
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1 (2) PENALTY.—Any person subject to the re2 quirement of paragraph (1) who fails to satisfy such

3 requirement shall, after notice and opportunity to be

4 heard, be subject to a civil penalty of—

5 (A) not less than $250 or more than $2,000,

6 or

7 (B) if such failure occurs with knowledge

8 that the sponsored individual has received any

9 benefit described in section 241(a)(5)(D) of the

10 Immigration and Nationality Act, as amended

11 by section 202(a) of this Act, not less than

12 $2,000 or more than $5,000.

13 (d) REIMBURSEMENT OF GOVERNMENT EXPENSES.—

14 (1) IN GENERAL.—

15 (A) REQUEST FOR REIMBURSEMENT.—

16 Upon notification that a sponsored individual

17 has received any benefit described in section

18 241(a)(5)(D) of the Immigration and National19 ity Act, as amended by section 202(a) of this

20 Act, the appropriate Federal, State, or local offi21 cial shall request reimbursement from the spon22 sor for the amount of such assistance.

23 (B) REGULATIONS.—The Commissioner of

24 Social Security shall prescribe such regulations

25 as may be necessary to carry out subparagraph
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1 (A). Such regulations shall provide that notifica2 tion be sent to the sponsor’s last known address

3 by certified mail.

4 (2) ACTION AGAINST SPONSOR.—If within 45

5 days after requesting reimbursement, the appropriate

6 Federal, State, or local agency has not received a re7 sponse from the sponsor indicating a willingness to

8 make payments, an action may be brought against

9 the sponsor pursuant to the affidavit of support.

10 (3) FAILURE TO MEET REPAYMENT TERMS.—If

11 the sponsor agrees to make payments, but fails to

12 abide by the repayment terms established by the agen13 cy, the agency may, within 60 days of such failure,

14 bring an action against the sponsor pursuant to the

15 affidavit of support.

16 (e) JURISDICTION.—

17 (1) IN GENERAL.—An action to enforce an affi18 davit of support executed under subsection (a) may be

19 brought against the sponsor in any appropriate

20 court—

21 (A) by a sponsored individual, with respect

22 to financial support; or

23 (B) by a Federal, State, or local agency,

24 with respect to reimbursement.
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1 (2) COURT MAY NOT DECLINE TO HEAR CASE.—

2 For purposes of this section, no appropriate court

3 shall decline for lack of subject matter or personal ju4 risdiction to hear any action brought against a spon5 sor under paragraph (1) if—

6 (A) the sponsored individual is a resident of

7 the State in which the court is located, or re8 ceived public assistance while residing in the

9 State; and

10 (B) such sponsor has received service of

11 process in accordance with applicable law.

12 (f) DEFINITIONS.—For purposes of this section—

13 (1) SPONSOR.—The term ‘‘sponsor’’ means an

14 individual who—

15 (A) is a United States citizen or national

16 or an alien who is lawfully admitted to the

17 United States for permanent residence;

18 (B) is at least 18 years of age;

19 (C) is domiciled in any of the several States

20 of the United States, the District of Columbia, or

21 any territory or possession of the United States;

22 and

23 (D) demonstrates the means to maintain an

24 annual income equal to at least 125 percent of

25 the Federal poverty line for the individual and
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1 the individual’s family (including the sponsored

2 alien and any other alien sponsored by the indi3 vidual), through evidence that includes a copy of

4 the individual’s Federal income tax return for

5 the 3 most recent taxable years (which returns

6 need show such level of annual income only in

7 the most recent taxable year) and a written

8 statement, executed under oath or as permitted

9 under penalty of perjury under section 1746 of

10 title 28, United States Code, that the copies are

11 true copies of such returns.

12 In the case of an individual who is on active duty

13 (other than active duty for training) in the Armed

14 Forces of the United States, subparagraph (D) shall

15 be applied by substituting ‘‘100 percent’’ for ‘‘125

16 percent’’.

17 (2) FEDERAL POVERTY LINE.—The term ‘‘Fed18 eral poverty line’’ means the level of income equal to

19 the official poverty line (as defined by the Director of

20 the Office of Management and Budget, as revised an21 nually by the Secretary of Health and Human Serv22 ices, in accordance with section 673(2) of the Omni23 bus Budget Reconciliation Act of 1981 (42 U.S.C.

24 9902)) that is applicable to a family of the size in25 volved.
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1 (3) QUALIFYING QUARTER.—The term ‘‘qualify2 ing quarter’’ means a three-month period in which

3 the sponsored individual has—

4 (A) earned at least the minimum necessary

5 for the period to count as one of the 40 quarters

6 required to qualify for social security retirement

7 benefits;

8 (B) not received need-based public assist9 ance; and

10 (C) had income tax liability for the tax

11 year of which the period was part.

12 (4) APPROPRIATE COURT.—The term ‘‘appro13 priate court’’ means—

14 (A) a Federal court, in the case of an

15 action for reimbursement of benefits pro16 vided or funded, in whole or in part, by the

17 Federal Government; and

18 (B) a State court, in the case of an ac19 tion for reimbursement of benefits provided

20 under a State or local program of assist21 ance.

22 (g) SPONSOR’S SOCIAL SECURITY ACCOUNT NUMBER

23 REQUIRED TO BE PROVIDED.—(1) Each affidavit of sup24 port shall include the social security account number of the

25 sponsor.
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1 (2) The Attorney General shall develop an automated

2 system to maintain the data of social security account num3 bers provided under paragraph (1).

4 (3) The Attorney General shall submit an annual re5 port to the Congress setting forth for the most recent fiscal

6 year for which data are available—

7 (A) the number of sponsors under this section

8 and the number of sponsors in compliance with the

9 financial obligations of this section; and

10 (B) a comparison of the data set forth under sub11 paragraph (A) with similar data for the preceding

12 fiscal year.

13 SEC. 204. ATTRIBUTION OF SPONSOR’S INCOME AND RE14 SOURCES TO FAMILY-SPONSORED IMMI15 GRANTS.

16 (a) DEEMING REQUIREMENT FOR FEDERAL AND FED17 ERALLY FUNDED PROGRAMS.—Subject to subsection (d), for

18 purposes of determining the eligibility of an alien for bene19 fits, and the amount of benefits, under any Federal program

20 of assistance, or any program of assistance funded in whole

21 or in part by the Federal Government, for which eligibility

22 for benefits is based on need, the income and resources de23 scribed in subsection (b) shall, notwithstanding any other

24 provision of law, except as provided in section 204(f), be

25 deemed to be the income and resources of such alien.
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1 (b) DEEMED INCOME AND RESOURCES.—The income

2 and resources described in this subsection include the in3 come and resources of—

4 (1) any person who, as a sponsor of an alien’s

5 entry into the United States, or in order to enable an

6 alien lawfully to remain in the United States, exe7 cuted an affidavit of support or similar agreement

8 with respect to such alien, and

9 (2) the sponsor’s spouse.

10 (c) LENGTH OF DEEMING PERIOD.—The requirement

11 of subsection (a) shall apply for the period for which the

12 sponsor has agreed, in such affidavit or agreement, to pro13 vide support for such alien, or for a period of 5 years begin14 ning on the day such alien was first lawfully in the United

15 States after the execution of such affidavit or agreement,

16 whichever period is longer.

17 (d) EXCEPTIONS.—

18 (1) INDIGENCE.—

19 (A) IN GENERAL.—If a determination de20 scribed in subparagraph (B) is made, the

21 amount of income and resources of the sponsor or

22 the sponsor’s spouse which shall be attributed to

23 the sponsored alien shall not exceed the amount

24 actually provided for a period—
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1 (i) beginning on the date of such deter2 mination and ending 12 months after such

3 date, or

4 (ii) if the address of the sponsor is un5 known to the sponsored alien, beginning on

6 the date of such determination and ending

7 on the date that is 12 months after the ad8 dress of the sponsor becomes known to the

9 sponsored alien or to the agency (which

10 shall inform such alien of the address with11 in 7 days).

12 (B) DETERMINATION DESCRIBED.—A deter13 mination described in this subparagraph is a de14 termination by an agency that a sponsored alien

15 would, in the absence of the assistance provided

16 by the agency, be unable to obtain food and shel17 ter, taking into account the alien’s own income,

18 plus any cash, food, housing, or other assistance

19 provided by other individuals, including the

20 sponsor.

21 (2) EDUCATION ASSISTANCE.—

22 (A) IN GENERAL.—The requirements of sub23 section (a) shall not apply with respect to spon24 sored aliens who have received, or have been ap25 proved to receive, student assistance under title
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1 IV, V, IX, or X of the Higher Education Act of

2 1965 in an academic year which ends or begins

3 in the calendar year in which this Act is en4 acted.

5 (B) DURATION.—The exception described in

6 subparagraph (A) shall apply only for the period

7 normally required to complete the course of study

8 for which the sponsored alien receives assistance

9 described in that subparagraph.

10 (3) CERTAIN SERVICES AND ASSISTANCE.—The

11 requirements of subsection (a) shall not apply to any

12 service or assistance described in clause (iv) or (vi) of

13 section 201(a)(1)(A).

14 (e) DEEMING AUTHORITY TO STATE AND LOCAL AGEN15 CIES.—

16 (1) IN GENERAL.—Notwithstanding any other

17 provision of law, but subject to exceptions equivalent

18 to the exceptions described in subsection (d), the State

19 or local government may, for purposes of determining

20 the eligibility of an alien for benefits, and the amount

21 of benefits, under any State or local program of as22 sistance for which eligibility is based on need, or any

23 need-based program of assistance administered by a

24 State or local government (other than a program of

25 assistance provided or funded, in whole or in part, by
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1 the Federal Government), require that the income and

2 resources described in subsection (b) be deemed to be

3 the income and resources of such alien.

4 (2) LENGTH OF DEEMING PERIOD.—Subject to

5 exceptions equivalent to the exceptions described in

6 subsection (d), a State or local government may im7 pose the requirement described in paragraph (1) for

8 the period for which the sponsor has agreed, in such

9 affidavit or agreement, to provide support for such

10 alien, or for a period of 5 years beginning on the day

11 such alien was first lawfully in the United States

12 after the execution of such affidavit or agreement,

13 whichever period is longer.

14 (f) SPECIAL RULE FOR BATTERED WOMEN AND CHIL15 DREN.—Notwithstanding any other provision of law, sub16 section (a) shall not apply—

17 (1) for up to 48 months if the alien can dem18 onstrate that (A) the alien has been battered or sub19 jected to extreme cruelty in the United States by a

20 spouse or a parent, or by a member of the spouse or

21 parent’s family residing in the same household as the

22 alien and the spouse or parent consented to or acqui23 esced to such battery or cruelty, or (B) the alien’s

24 child has been battered or subjected to extreme cruelty

25 in the United States by the spouse or parent of the
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1 alien (without the active participation of the alien in

2 the battery or cruelty), or by a member of the spouse’s

3 or parent’s family residing in the same household as

4 the alien when the spouse or parent consented or ac5 quiesced to and the alien did not actively participate

6 in such battery or cruelty, and the battery or cruelty

7 described in clause (i) or (ii) has a causal relation8 ship to the need for the public benefits applied; and

9 (2) for more than 48 months if the alien can

10 demonstrate that such battery or cruelty under para11 graph (1) is ongoing, has led to the issuance of an

12 order of a judge or administrative law judge or a

13 prior determination of the Service and that such bat14 tery or cruelty has a causal relationship to the need

15 for the benefits received.

16 SEC. 205. VERIFICATION OF STUDENT ELIGIBILITY FOR

17 POSTSECONDARY FEDERAL STUDENT FINAN18 CIAL ASSISTANCE.

19 (a) REPORT REQUIREMENT.—Not later than one year

20 after the date of the enactment of this Act, the Secretary

21 of Education and the Commissioner of Social Security shall

22 jointly submit to the Congress a report on the computer

23 matching program of the Department of Education under

24 section 484(p) of the Higher Education Act of 1965.
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1 (b) REPORT ELEMENTS.—The report shall include the

2 following:

3 (1) An assessment by the Secretary and the Com4 missioner of the effectiveness of the computer match5 ing program, and a justification for such assessment.

6 (2) The ratio of inaccurate matches under the

7 program to successful matches.

8 (3) Such other information as the Secretary and

9 the Commissioner jointly consider appropriate.

10 SEC. 206. AUTHORITY OF STATES AND LOCALITIES TO

11 LIMIT ASSISTANCE TO ALIENS AND TO DIS12 TINGUISH AMONG CLASSES OF ALIENS IN

13 PROVIDING GENERAL PUBLIC ASSISTANCE.

14 (a) IN GENERAL.—Subject to subsection (b) and not15 withstanding any other provision of law, a State or local

16 government may prohibit or otherwise limit or restrict the

17 eligibility of aliens or classes of aliens for programs of gen18 eral cash public assistance furnished under the law of the

19 State or a political subdivision of a State.

20 (b) LIMITATION.—The authority provided for under

21 subsection (a) may be exercised only to the extent that any

22 prohibitions, limitations, or restrictions imposed by a State

23 or local government are not more restrictive than the prohi24 bitions, limitations, or restrictions imposed under com25 parable Federal programs. For purposes of this section, at-
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1 tribution to an alien of a sponsor’s income and resources

2 (as described in section 204(b)) for purposes of determining

3 eligibility for, and the amount of, benefits shall be consid4 ered less restrictive than a prohibition of eligibility for such

5 benefits.

6 SEC. 207. INCREASED MAXIMUM CRIMINAL PENALTIES FOR

7 FORGING OR COUNTERFEITING SEAL OF A

8 FEDERAL DEPARTMENT OR AGENCY TO FA9 CILITATE BENEFIT FRAUD BY AN UNLAWFUL

10 ALIEN.

11 Section 506 of title 18, United States Code, is amended

12 to read as follows:

13 ‘‘§ 506. Seals of departments or agencies

14 ‘‘(a) Whoever—

15 ‘‘(1) falsely makes, forges, counterfeits, mutilates,

16 or alters the seal of any department or agency of the

17 United States, or any facsimile thereof;

18 ‘‘(2) knowingly uses, affixes, or impresses any

19 such fraudulently made, forged, counterfeited, muti20 lated, or altered seal or facsimile thereof to or upon

21 any certificate, instrument, commission, document, or

22 paper of any description; or

23 ‘‘(3) with fraudulent intent, possesses, sells, offers

24 for sale, furnishes, offers to furnish, gives away, offers

25 to give away, transports, offers to transport, imports,
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1 or offers to import any such seal or facsimile thereof,

2 knowing the same to have been so falsely made,

3 forged, counterfeited, mutilated, or altered,

4 shall be fined under this title, or imprisoned not more than

5 5 years, or both.

6 ‘‘(b) Notwithstanding subsection (a) or any other pro7 vision of law, if a forged, counterfeited, mutilated, or altered

8 seal of a department or agency of the United States, or any

9 facsimile thereof, is—

10 ‘‘(1) so forged, counterfeited, mutilated, or al11 tered;

12 ‘‘(2) used, affixed, or impressed to or upon any

13 certificate, instrument, commission, document, or

14 paper of any description; or

15 ‘‘(3) with fraudulent intent, possessed, sold, of16 fered for sale, furnished, offered to furnish, given

17 away, offered to give away, transported, offered to

18 transport, imported, or offered to import,

19 with the intent or effect of facilitating an unlawful alien’s

20 application for, or receipt of, a Federal benefit, the penalties

21 which may be imposed for each offense under subsection (a)

22 shall be two times the maximum fine, and 3 times the maxi23 mum term of imprisonment, or both, that would otherwise

24 be imposed for an offense under subsection (a).

25 ‘‘(c) For purposes of this section—
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1 ‘‘(1) the term ‘Federal benefit’ means—

2 ‘‘(A) the issuance of any grant, contract,

3 loan, professional license, or commercial license

4 provided by any agency of the United States or

5 by appropriated funds of the United States; and

6 ‘‘(B) any retirement, welfare, Social Secu7 rity, health (including treatment of an emer8 gency medical condition in accordance with sec9 tion 1903(v) of the Social Security Act (19

10 U.S.C. 1396b(v))), disability, veterans, public

11 housing, education, food stamps, or unemploy12 ment benefit, or any similar benefit for which

13 payments or assistance are provided by an agen14 cy of the United States or by appropriated funds

15 of the United States;

16 ‘‘(2) the term ‘unlawful alien’ means an individ17 ual who is not—

18 ‘‘(A) a United States citizen or national;

19 ‘‘(B) an alien lawfully admitted for perma20 nent residence under the Immigration and Na21 tionality Act;

22 ‘‘(C) an alien granted asylum under section

23 208 of such Act;

24 ‘‘(D) a refugee admitted under section 207

25 of such Act;
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1 ‘‘(E) an alien whose deportation has been

2 withheld under section 243(h) of such Act; or

3 ‘‘(F) an alien paroled into the United

4 States under section 215(d)(5) of such Act for a

5 period of at least 1 year; and

6 ‘‘(3) each instance of forgery, counterfeiting, mu7 tilation, or alteration shall constitute a separate of8 fense under this section.’’.

9 SEC. 208. STATE OPTION UNDER THE MEDICAID PROGRAM

10 TO PLACE ANTI-FRAUD INVESTIGATORS IN

11 HOSPITALS.

12 (a) IN GENERAL.—Section 1902(a) of the Social Secu13 rity Act (42 U.S.C. 1396a(a)) is amended—

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

15 (61);

16 (2) by striking the period at the end of para17 graph (62) and inserting ‘‘; and’’; and

18 (3) by adding after paragraph (62) the following

19 new paragraph:

20 ‘‘(63) in the case of a State that is certified by

21 the Attorney General as a high illegal immigration

22 State (as determined by the Attorney General), at the

23 election of the State, establish and operate a program

24 for the placement of anti-fraud investigators in State,

25 county, and private hospitals located in the State to
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1 verify the immigration status and income eligibility

2 of applicants for medical assistance under the State

3 plan prior to the furnishing of medical assistance.’’.

4 (b) PAYMENT.—Section 1903 of the Social Security

5 Act (42 U.S.C. 1396b) is amended—

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

7 (6);

8 (2) by striking the period at the end of para9 graph (7) and inserting ‘‘; plus’’; and

10 (3) by adding at the end the following new para11 graph:

12 ‘‘(8) an amount equal to the Federal medical as13 sistance percentage (as defined in section 1905(b)) of

14 the total amount expended during such quarter which

15 is attributable to operating a program under section

16 1902(a)(63).’’.

17 (c) EFFECTIVE DATE.—The amendments made by sub18 sections (a) and (b) shall take effect on the first day of the

19 first calendar quarter beginning after the date of the enact20 ment of this Act.

21 SEC. 209. COMPUTATION OF TARGETED ASSISTANCE.

22 Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is amended by

23 adding at the end the following new subparagraph:

24 ‘‘(C) Except for the Targeted Assistance Ten Percent

25 Discretionary Program, all grants made available under
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1 this paragraph for a fiscal year shall be allocated by the

2 Office of Refugee Resettlement in a manner that ensures

3 that each qualifying county receives the same amount of

4 assistance for each refugee and entrant residing in the coun5 ty as of the beginning of the fiscal year who arrived in the

6 United States not earlier than 60 months before the begin7 ning of such fiscal year.’’.

8 Subtitle B—Miscellaneous

9 Provisions

10 SEC. 211. REIMBURSEMENT OF STATES AND LOCALITIES

11 FOR EMERGENCY MEDICAL ASSISTANCE FOR

12 CERTAIN ILLEGAL ALIENS.

13 (a) REIMBURSEMENT.—The Attorney General shall,

14 subject to the availability of appropriations, fully reimburse

15 the States and political subdivisions of the States for costs

16 incurred by the States and political subdivisions for emer17 gency ambulance service provided to any alien who—

18 (1) entered the United States without inspection

19 or at any time or place other than as designated by

20 the Attorney General;

21 (2) is under the custody of a State or a political

22 subdivision of a State as a result of transfer or other

23 action by Federal authorities; and

24 (3) is being treated for an injury suffered while

25 crossing the international border between the United
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1 States and Mexico or between the United States and

2 Canada.

3 (b) STATUTORY CONSTRUCTION.—Nothing in this sec4 tion requires that the alien be arrested by Federal authori5 ties before entering into the custody of the State or political

6 subdivision.

7 (c) AUTHORIZATION OF APPROPRIATIONS.—

8 (1) AUTHORIZATION OF APPROPRIATIONS.—

9 There are authorized to be appropriated to the Attor10 ney General such sums as may be necessary to carry

11 out the provisions of this section.

12 (2) STATUTORY CONSTRUCTION.—Nothing in this

13 Act may be construed to prevent the Attorney General

14 from seeking reimbursement from an alien described

15 in subsection (a) for the costs of the emergency medi16 cal services provided to the alien.

17 SEC. 212. TREATMENT OF EXPENSES SUBJECT TO EMER18 GENCY MEDICAL SERVICES EXCEPTION.

19 (a) IN GENERAL.—Subject to such amounts as are pro20 vided in advance in appropriation Acts, each State or local

21 government that provides emergency medical services

22 through a public hospital, other public facility, or other fa23 cility (including a hospital that is eligible for an additional

24 payment adjustment under section 1886(d)(5)(F) or section

25 1923 of the Social Security Act), or through contract with
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1 another hospital or facility, to an individual who is an

2 alien not lawfully present in the United States, is entitled

3 to receive payment from the Federal Government for its

4 costs of providing such services, but only to the extent that

5 the costs of the State or local government are not fully reim6 bursed through any other Federal program and cannot be

7 recovered from the alien or other entity.

8 (b) CONFIRMATION OF IMMIGRATION STATUS.—No

9 payment shall be made under this section with respect to

10 services furnished to aliens described in subsection (a) un11 less the State or local government establishes that it has

12 provided services to such aliens in accordance with proce13 dures established by the Secretary of Health and Human

14 Services, after consultation with the Attorney General and

15 State and local officials.

16 (c) ADMINISTRATION.—This section shall be adminis17 tered by the Attorney General, in consultation with the Sec18 retary of Health and Human Services.

19 (d) EFFECTIVE DATE.—This section shall not apply

20 to emergency medical services furnished before October 1,

21 1995.

22 SEC. 213. PILOT PROGRAMS.

23 (a) ADDITIONAL COMMUTER BORDER CROSSING FEES

24 PILOT PROJECTS.—In addition to the land border fee pilot

25 projects extended by the fourth proviso under the heading
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1 ‘‘ Immigration and Naturalization Service, Salaries and

2 Expenses’’ of Public Law 103–121, the Attorney General

3 may establish another such pilot project on the northern

4 land border and another such pilot project on the southern

5 land border of the United States.

6 (b) AUTOMATED PERMIT PILOT PROJECTS.—The At7 torney General and the Commissioner of Customs are au8 thorized to conduct pilot projects to demonstrate—

9 (1) the feasibility of expanding port of entry

10 hours at designated ports of entry on the United

11 States-Canada border; or

12 (2) the use of designated ports of entry after

13 working hours through the use of card reading ma14 chines or other appropriate technology.

15 SEC. 214. USE OF PUBLIC SCHOOLS BY NONIMMIGRANT

16 FOREIGN STUDENTS.

17 (a) PERSONS ELIGIBLE FOR STUDENT VISAS.—Sec18 tion 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended—

19 (1) in clause (i) by striking ‘‘academic high

20 school, elementary school, or other academic institu21 tion or in a language training program’’ and insert22 ing in lieu thereof ‘‘public elementary or public sec23 ondary school (if the alien shows to the satisfaction

24 of the consular officer at the time of application for

25 a visa, or of the Attorney General at the time of ap-
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1 plication for admission or adjustment of status, that

2 (I) the alien will in fact reimburse such public ele3 mentary or public secondary school for the full,

4 unsubsidized per-capita cost of providing education at

5 such school to an individual pursuing such a course

6 of study, or (II) the school waives such reimburse7 ment), private elementary or private secondary

8 school, or postsecondary academic institution, or in a

9 language-training program’’; and

10 (2) by inserting before the semicolon at the end

11 of clause (ii) the following: ‘‘: Provided, That nothing

12 in this paragraph shall be construed to prevent a

13 child who is present in the United States in a non14 immigrant status other than that conferred by para15 graph (B), (C), (F)(i), or (M)(i), from seeking admis16 sion to a public elementary school or public secondary

17 school for which such child may otherwise be quali18 fied’’;

19 (b) EXCLUSION OF STUDENT VISA ABUSERS.—Section

20 212(a) (8 U.S.C. 1182(a)) is amended by adding at the end

21 the following new paragraph:

22 ‘‘(9) STUDENT VISA ABUSERS.—Any alien de23 scribed in section 101(a)(15)(F) who is admitted as

24 a student for study at a private elementary school or

25 private secondary school and who does not remain en-
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1 rolled, throughout the duration of his or her elemen2 tary or secondary school education in the United

3 States, at either (A) such a private school, or (B) a

4 public elementary or public secondary school (if (I)

5 the alien is in fact reimbursing such public elemen6 tary or public secondary school for the full,

7 unsubsidized per-capita cost of providing education at

8 such school to an individual pursuing such a course

9 of study, or (II) the school waives such reimburse10 ment) is excludable.’’.

11 (c) DEPORTATION OF STUDENT VISA ABUSERS.—Sec12 tion 241(a) (8 U.S.C. 1251(a)) is amended by adding at

13 the end the following new paragraph:

14 ‘‘(6) STUDENT VISA ABUSERS.—Any alien de15 scribed in section 101(a)(15)(F) who is admitted as

16 a student for study at a private elementary school or

17 private secondary school and who does not remain en18 rolled, throughout the duration of his or her elemen19 tary or secondary school education in the United

20 States, at either (A) such a private school, or (B) a

21 public elementary or public secondary school (if (I)

22 the alien is in fact reimbursing such public elemen23 tary or public secondary school for the full,

24 unsubsidized per-capita cost of providing education at

25 such school to an individual pursing such a course of
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1 study, or (II) the school waives such reimbursement),

2 is deportable.’’.

3 (d) EFFECTIVE DATE.—This section shall become effec4 tive 1 day after the date of enactment.

5 SEC. 215. PILOT PROGRAM TO COLLECT INFORMATION RE6 LATING TO NONIMMIGRANT FOREIGN STU7 DENTS.

8 (a) IN GENERAL.—(1) The Attorney General and the

9 Secretary of State shall jointly develop and conduct a pilot

10 program to collect electronically from approved colleges and

11 universities in the United States the information described

12 in subsection (c) with respect to aliens who—

13 (A) have the status, or are applying for the sta14 tus, of nonimmigrants under section 101(a)(15) (F),

15 (J), or (M) of the Immigration and Nationality Act

16 (8 U.S.C. 1101(a)(15) (F), (J), or (M)); and

17 (B) are nationals of the countries designated

18 under subsection (b).

19 (2) The pilot program shall commence not later than

20 January 1, 1998.

21 (b) COVERED COUNTRIES.—The Attorney General and

22 the Secretary of State shall jointly designate countries for

23 purposes of subsection (a)(1)(B). The Attorney General and

24 the Secretary shall initially designate not less than five
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1 countries and may designate additional countries at any

2 time while the pilot program is being conducted.

3 (c) INFORMATION TO BE COLLECTED.—

4 (1) IN GENERAL.—The information for collection

5 under subsection (a) consists of—

6 (A) the identity and current address in the

7 United States of the alien;

8 (B) the nonimmigrant classification of the

9 alien and the date on which a visa under the

10 classification was issued or extended or the date

11 on which a change to such classification was ap12 proved by the Attorney General; and

13 (C) the academic standing of the alien, in14 cluding any disciplinary action taken by the col15 lege or university against the alien as a result of

16 the alien’s being convicted of a crime.

17 (2) FERPA.—The Family Educational Rights

18 and Privacy Act of 1974 (20 U.S.C. 1232g) shall not

19 apply to aliens described in subsection (a) to the ex20 tent that the Attorney General and the Secretary of

21 State determine necessary to carry out the pilot pro22 gram.

23 (d) PARTICIPATION BY COLLEGES AND UNIVER24 SITIES.—(1) The information specified in subsection (c)
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1 shall be provided by approved colleges and universities as

2 a condition of—

3 (A) the continued approval of the colleges and

4 universities under section 101(a)(15) (F) or (M) of

5 the Immigration and Nationality Act, or

6 (B) the issuance of visas to aliens for purposes

7 of studying, or otherwise participating, at such col8 leges and universities in a program under section

9 101(a)(15)(J) of such Act.

10 (2) If an approved college or university fails to provide

11 the specified information, such approvals and such issuance

12 of visas shall be revoked or denied.

13 (e) FUNDING.—(1) The Attorney General and the Sec14 retary shall use funds collected under section 281(b) of the

15 Immigration and Nationality Act, as added by this sub16 section, to pay for the costs of carrying out this section.

17 (2) Section 281 of the Immigration and Nationality

18 Act (8 U.S.C. 1351) is amended—

19 (A) by inserting ‘‘(a)’’ after ‘‘SEC. 281.’’; and

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

21 ‘‘(b)(1) In addition to fees that are prescribed under

22 subsection (a), the Secretary of State shall impose and col23 lect a fee on all visas issued under the provisions of section

24 101(a)(15) (F), (J), or (M) of the Immigration and Nation25 ality Act. With respect to visas issued under the provisions
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1 of section 101(a)(15)(J), this subsection shall not apply to

2 those ‘J’ visa holders whose presence in the United States

3 is sponsored by the United States Government.

4 ‘‘(2) The Attorney General shall impose and collect a

5 fee on all changes of nonimmigrant status under section 248

6 to such classifications. This subsection shall not apply to

7 those ‘J’ visa holders whose presence in the United States

8 is sponsored by the United States Government.

9 ‘‘(3) Except as provided in section 205(g)(2) of the Im10 migration Reform Act of 1996, the amount of the fees im11 posed and collected under paragraphs (1) and (2) shall be

12 the amount which the Attorney General and the Secretary

13 jointly determine is necessary to recover the costs of con14 ducting the information-collection program described in

15 subsection (a), but may not exceed $100.

16 ‘‘(4) Funds collected under paragraph (1) shall be

17 available to the Attorney General and the Secretary, with18 out regard to appropriation Acts and without fiscal year

19 limitation, to supplement funds otherwise available to the

20 Department of Justice and the Department of State, respec21 tively.’’.

22 (3) The amendments made by paragraphs (1) and (2)

23 shall become effective April 1, 1997.

24 (f) JOINT REPORT.—Not later than five years after the

25 commencement of the pilot program established under sub-
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1 section (a), the Attorney General and the Secretary of State

2 shall jointly submit to the Committees on the Judiciary of

3 the United States Senate and House of Representatives on

4 the operations of the pilot program and the feasibility of

5 expanding the program to cover the nationals of all coun6 tries.

7 (g) WORLDWIDE APPLICABILITY OF THE PROGRAM.—

8 (1)(A) Not later than six months after the submission of

9 the report required by subsection (f), the Secretary of State

10 and the Attorney General shall jointly commence expansion

11 of the pilot program to cover the nationals of all countries.

12 (B) Such expansion shall be completed not later than

13 one year after the date of the submission of the report re14 ferred to in subsection (f).

15 (2) After the program has been expanded, as provided

16 in paragraph (1), the Attorney General and the Secretary

17 of State may, on a periodic basis, jointly revise the amount

18 of the fee imposed and collected under section 281(b) of the

19 Immigration and Nationality Act in order to take into ac20 count changes in the cost of carrying out the program.

21 (h) DEFINITION.—As used in this section, the phrase

22 ‘‘approved colleges and universities’’ means colleges and

23 universities approved by the Attorney General, in consulta24 tion with the Secretary of Education, under subparagraph
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1 (F), (J), or (M) of section 101(a)(15) of the Immigration

2 and Nationality Act (8 U.S.C. 1101(a)(15)).

3 SEC. 216. FALSE CLAIMS OF UNITED STATES CITIZENSHIP.

4 (a) EXCLUSION OF ALIENS WHO HAVE FALSELY

5 CLAIMED UNITED STATES CITIZENSHIP.—Section

6 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended by adding at

7 the end the following new subparagraph:

8 ‘‘(D) FALSELY CLAIMING CITIZENSHIP.—

9 Any alien who falsely represents, or has falsely

10 represented, himself to be a citizen of the United

11 States is excludable.’’.

12 (b) DEPORTATION OF ALIENS WHO HAVE FALSELY

13 CLAIMED UNITED STATES CITIZENSHIP.—Section 241(a)

14 (8 U.S.C. 1251(a)) is amended by adding at the end the

15 following new paragraph:

16 ‘‘(6) FALSELY CLAIMING CITIZENSHIP.—Any

17 alien who falsely represents, or has falsely rep18 resented, himself to be a citizen of the United States

19 is deportable.’’.

20 SEC. 217. VOTING BY ALIENS.

21 (a) CRIMINAL PENALTY FOR VOTING BY ALIENS IN

22 FEDERAL ELECTION.—Title 18, United States Code, is

23 amended by adding the following new section:
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1 ‘‘§ 611. Voting by aliens

2 ‘‘(a) It shall by unlawful for any alien to vote in any

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

4 a candidate for the office of President, Vice President, Presi5 dential elector, Member of the Senate, Member of the House

6 of Representatives, Delegate from the District of Columbia,

7 or Resident Commissioner, unless—

8 ‘‘(1) the election is held partly for some other

9 purpose;

10 ‘‘(2) aliens are authorized to vote for such other

11 purpose under a State constitution or statute or a

12 local ordinance; and

13 ‘‘(3) voting for such other purpose is conducted

14 independently of voting for a candidate for such Fed15 eral offices, in such a manner that an alien has the

16 opportunity to vote for such other purpose, but not an

17 opportunity to vote for a candidate for any one or

18 more of such Federal offices.

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

20 not more than $5,000 or imprisoned not more than one year

21 or both.’’.

22 (b) EXCLUSION OF ALIENS WHO HAVE UNLAWFULLY

23 VOTED.—Section 212(a) (8 U.S.C. 1182(a)) is amended by

24 adding at the end the following new paragraph:

25 ‘‘(9) UNLAWFUL VOTERS.—Any alien who has

26 voted in violation of any Federal, State, or local con-
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1 stitutional provision, statute, ordinance, or regulation

2 is excludable.’’.

3 (c) DEPORTATION OF ALIENS WHO HAVE UNLAW4 FULLY VOTED.—Section 241(a) (8 U.S.C. 1251(a)) is

5 amended by adding at the end the following new paragraph:

6 ‘‘(6) UNLAWFUL VOTERS.—Any alien who has

7 voted in violation of any Federal, State, or local con8 stitutional provision, statute, ordinance, or regulation

9 is deportable.’’.

10 SEC. 218. EXCLUSION GROUNDS FOR OFFENSES OF DOMES11 TIC VIOLENCE, STALKING, CRIMES AGAINST

12 CHILDREN, AND CRIMES OF SEXUAL VIO13 LENCE.

14 (a) IN GENERAL.—Section 241(a)(2) (8 U.S.C.

15 1251(a)(2)) is amended by adding at the end the following:

16 ‘‘(E) DOMESTIC VIOLENCE, VIOLATION OF

17 PROTECTION ORDER, CRIMES AGAINST CHILDREN

18 AND STALKING.—(i) Any alien who at any time

19 after entry is convicted of a crime of domestic vi20 olence is deportable.

21 ‘‘(ii) Any alien who at any time after entry

22 engages in conduct that violates the portion of a

23 protection order that involves protection against

24 credible threats of violence, repeated harassment,

25 or bodily injury to the person or persons for
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1 whom the protection order was issued is deport2 able.

3 ‘‘(iii) Any alien who at any time after

4 entry is convicted of a crime of stalking is de5 portable.

6 ‘‘(iv) Any alien who at any time after entry

7 is convicted of a crime of child abuse, child sex8 ual abuse, child neglect, or child abandonment is

9 deportable.

10 ‘‘(F) CRIMES OF SEXUAL VIOLENCE.—Any

11 alien who at any time after entry is convicted of

12 a crime of rape, aggravated sodomy, aggravated

13 sexual abuse, sexual abuse, abusive sexual con14 tact, or other crime of sexual violence is deport15 able.’’.

16 (b) DEFINITIONS.—Section 101(a) (8 U.S.C. 1101(a))

17 is amended by adding at the end the following new para18 graphs:

19 ‘‘(47) The term ‘crime of domestic violence’ means any

20 felony or misdemeanor crime of violence committed by a

21 current or former spouse of the victim, by a person with

22 whom the victim shares a child in common, by a person

23 who is cohabiting with or has cohabited with the victim

24 as a spouse, by a person similarly situated to a spouse of

25 the victim under the domestic or family violence laws of
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1 the jurisdiction where the offense occurs, or by any other

2 adult person against a victim who is protected from that

3 person’s acts under the domestic or family violence laws of

4 the United States or any State, Indian tribal government,

5 or unit of local government.

6 ‘‘(48) The term ‘protection order’ means any injunc7 tion issued for the purpose of preventing violent or threaten8 ing acts of domestic violence, including temporary or final

9 orders issued by civil or criminal courts (other than support

10 or child custody orders or provisions) whether obtained by

11 filing an independent action or as a pendente lite order

12 in another proceeding.’’.

13 (c) EFFECTIVE DATE.—This section will become effec14 tive one day after the date of enactment of the Act.

15 Subtitle C—Housing Assistance

16 SEC. 221. SHORT TITLE.

17 This subtitle may be cited as the ‘‘Use of Assisted

18 Housing by Aliens Act of 1996’’.

19 SEC. 222. PRORATING OF FINANCIAL ASSISTANCE.

20 Section 214(b) of the Housing and Community Devel21 opment Act of 1980 (42 U.S.C. 1436a(b)) is amended—

22 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

23 (2) by adding at the end the following new para24 graph:
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1 ‘‘(2) If the eligibility for financial assistance of at least

2 one member of a family has been affirmatively established

3 under the program of financial assistance and under this

4 section, and the ineligibility of one or more family members

5 has not been affirmatively established under this section,

6 any financial assistance made available to that family by

7 the Secretary of Housing and Urban Development shall be

8 prorated, based on the number of individuals in the family

9 for whom eligibility has been affirmatively established

10 under the program of financial assistance and under this

11 section, as compared with the total number of individuals

12 who are members of the family.’’.

13 SEC. 223. ACTIONS IN CASES OF TERMINATION OF

14 FINANCIAL ASSISTANCE.

15 Section 214(c)(1) of the Housing and Community De16 velopment Act of 1980 (42 U.S.C. 1436a(c)(1)) is amend17 ed—

18 (1) in the matter preceding subparagraph (A),

19 by striking ‘‘may, in its discretion,’’ and inserting

20 ‘‘shall’’;

21 (2) in subparagraph (A), by adding at the end

22 the following: ‘‘Financial assistance continued under

23 this subparagraph for a family may be provided only

24 on a prorated basis, under which the amount of fi25 nancial assistance is based on the percentage of the
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1 total number of members of the family that are eligi2 ble for that assistance under the program of financial

3 assistance and under this section.’’; and

4 (3) in subparagraph (B)—

5 (A) by striking ‘‘6-month period’’ and all

6 that follows through the end of the subparagraph

7 and inserting ‘‘single 3-month period.’’;

8 (B) by inserting ‘‘(i)’’ after ‘‘(B)’’;

9 (C) by striking ‘‘Any deferral’’ and insert10 ing the following:

11 ‘‘(ii) Except as provided in clause (iii) and

12 subject to clause (iv), any deferral’’; and

13 (D) by adding at the end the following new

14 clauses:

15 ‘‘(iii) The time period described in clause

16 (ii) shall not apply in the case of a refugee under

17 section 207 of the Immigration and Nationality

18 Act or an individual seeking asylum under sec19 tion 208 of that Act.

20 ‘‘(iv) The time period described in clause

21 (ii) shall be extended for a period of 1 month in

22 the case of any individual who is provided, upon

23 request, with a hearing under this section.’’.
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1 SEC. 224. VERIFICATION OF IMMIGRATION STATUS AND ELI2 GIBILITY FOR FINANCIAL ASSISTANCE.

3 Section 214(d) of the Housing and Community Devel4 opment Act of 1980 (42 U.S.C. 1436a(d)) is amended—

5 (1) in the matter preceding paragraph (1), by

6 inserting ‘‘or to be’’ after ‘‘being’’;

7 (2) in paragraph (1)(A), by adding at the end

8 the following: ‘‘If the declaration states that the indi9 vidual is not a citizen or national of the United

10 States and that the individual is younger than 62

11 years of age, the declaration shall be verified by the

12 Immigration and Naturalization Service. If the dec13 laration states that the individual is a citizen or na14 tional of the United States, the Secretary of Housing

15 and Urban Development, or the agency administering

16 assistance covered by this section, may request ver17 ification of the declaration by requiring presentation

18 of documentation that the Secretary considers appro19 priate, including a United States passport, resident

20 alien card, alien registration card, social security

21 card, or other documentation.’’;

22 (3) in paragraph (2)—

23 (A) in the matter preceding subparagraph

24 (A), by striking ‘‘on the date of the enactment of

25 the Housing and Community Development Act of

26 1987’’ and inserting ‘‘on the date of enactment
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1 of the Use of Assisted Housing by Aliens Act of

2 1996 or applying for financial assistance on or

3 after that date’’; and

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

5 ‘‘In the case of an individual applying for financial assist6 ance on or after the date of enactment of the Use of Assisted

7 Housing by Aliens Act of 1996, the Secretary may not pro8 vide any such assistance for the benefit of that individual

9 before documentation is presented and verified under para10 graph (3) or (4).’’;

11 (4) in paragraph (4)—

12 (A) in the matter preceding subparagraph

13 (A), by striking ‘‘on the date of the enactment of

14 the Housing and Community Development Act of

15 1987’’ and inserting ‘‘on the date of enactment

16 of the Use of Assisted Housing by Aliens Act of

17 1996 or applying for financial assistance on or

18 after that date’’;

19 (B) in subparagraph (A)—

20 (i) in clause (i)—

21 (I) by inserting ‘‘, not to exceed

22 30 days,’’ after ‘‘reasonable oppor23 tunity’’; and

24 (II) by striking ‘‘and’’ at the end;

25 and
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1 (ii) by striking clause (ii) and insert2 ing the following:

3 ‘‘(ii) in the case of any individual re4 ceiving assistance on the date of enactment

5 of the Use of Assisted Housing by Aliens Act

6 of 1996, may not delay, deny, reduce, or

7 terminate the eligibility of that individual

8 for financial assistance on the basis of the

9 immigration status of that individual until

10 the expiration of that 30-day period; and

11 ‘‘(iii) in the case of any individual ap12 plying for financial assistance on or after

13 the date of enactment of the Use of Assisted

14 Housing by Aliens Act of 1996, may not

15 deny the application for such assistance on

16 the basis of the immigration status of that

17 individual until the expiration of that 30-

18 day period; and’’; and

19 (C) in subparagraph (B), by striking clause

20 (ii) and inserting the following:

21 ‘‘(ii) pending such verification or ap22 peal, the Secretary may not—

23 ‘‘(I) in the case of any individual

24 receiving assistance on the date of en25 actment of the Use of Assisted Housing
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1 by Aliens Act of 1996, delay, deny, re2 duce, or terminate the eligibility of

3 that individual for financial assistance

4 on the basis of the immigration status

5 of that individual; and

6 ‘‘(II) in the case of any individ7 ual applying for financial assistance

8 on or after the date of enactment of the

9 Use of Assisted Housing by Aliens Act

10 of 1996, deny the application for such

11 assistance on the basis of the immigra12 tion status of that individual; and’’;

13 (5) in paragraph (5), by striking ‘‘status—’’ and

14 all that follows through the end of the paragraph and

15 inserting the following: ‘‘status, the Secretary shall—

16 ‘‘(A) deny the application of that individ17 ual for financial assistance or terminate the eli18 gibility of that individual for financial assist19 ance, as applicable; and

20 ‘‘(B) provide to the individual written no21 tice of the determination under this paragraph

22 and the right to a fair hearing process.’’; and

23 (6) by striking paragraph (6) and inserting the

24 following:
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1 ‘‘(6) The Secretary shall terminate the eligibility

2 for financial assistance of an individual and the

3 members of the household of the individual, for a pe4 riod of not less than 24 months, upon determining

5 that such individual has knowingly permitted another

6 individual who is not eligible for such assistance to

7 reside in the public or assisted housing unit of the in8 dividual. This provision shall not apply to a family

9 if the ineligibility of the ineligible individual at issue

10 was considered in calculating any proration of assist11 ance provided for the family.’’.

12 SEC. 225. PROHIBITION OF SANCTIONS AGAINST ENTITIES

13 MAKING FINANCIAL ASSISTANCE ELIGIBILITY

14 DETERMINATIONS.

15 Section 214(e) of the Housing and Community Devel16 opment Act of 1980 (42 U.S.C. 1436a(e)) is amended—

17 (1) in paragraph (2), by adding ‘‘or’’ at the end;

18 (2) in paragraph (3), by adding at the end the

19 following: ‘‘the response from the Immigration and

20 Naturalization Service to the appeal of that individ21 ual.’’; and

22 (3) by striking paragraph (4).
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1 SEC. 226. ELIGIBILITY FOR PUBLIC AND ASSISTED HOUS2 ING.

3 Section 214 of the Housing and Community Develop4 ment Act of 1980 (42 U.S.C. 1436a) is amended by adding

5 at the end the following new subsection:

6 ‘‘(h) VERIFICATION OF ELIGIBILITY.—

7 ‘‘(1) IN GENERAL.—Except in the case of an elec8 tion under paragraph (2)(A), no individual or family

9 applying for financial assistance may receive such fi10 nancial assistance prior to the affirmative establish11 ment and verification of eligibility of that individual

12 or family under this section by the Secretary or other

13 appropriate entity.

14 ‘‘(2) RULES APPLICABLE TO PUBLIC HOUSING

15 AGENCIES.—A public housing agency (as that term is

16 defined in section 3 of the United States Housing Act

17 of 1937)—

18 ‘‘(A) may elect not to comply with this sec19 tion; and

20 ‘‘(B) in complying with this section—

21 ‘‘(i) may initiate procedures to affirm22 atively establish or verify the eligibility of

23 an individual or family under this section

24 at any time at which the public housing

25 agency determines that such eligibility is in

26 question, regardless of whether or not that
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1 individual or family is at or near the top

2 of the waiting list of the public housing

3 agency;

4 ‘‘(ii) may affirmatively establish or

5 verify the eligibility of an individual or

6 family under this section in accordance

7 with the procedures set forth in section

8 274A(b)(1) of the Immigration and Nation9 ality Act; and

10 ‘‘(iii) shall have access to any relevant

11 information contained in the SAVE system

12 (or any successor thereto) that relates to

13 any individual or family applying for fi14 nancial assistance.

15 ‘‘(3) ELIGIBILITY OF FAMILIES.—For purposes of

16 this subsection, with respect to a family, the term ‘eli17 gibility’ means the eligibility of each family mem18 ber.’’.

19 SEC. 227. REGULATIONS.

20 (a) ISSUANCE.—Not later than the 60 days after the

21 date of enactment of this Act, the Secretary of Housing and

22 Urban Development shall issue any regulations necessary

23 to implement the amendments made by this part. Such reg24 ulations shall be issued in the form of an interim final rule,

25 which shall take effect upon issuance and shall not be sub-
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1 ject to the provisions of section 533 of title 5, United States

2 Code, regarding notice or opportunity for comment.

3 (b) FAILURE TO ISSUE.—If the Secretary fails to issue

4 the regulations required under subsection (a) before the date

5 specified in that subsection, the regulations relating to re6 strictions on assistance to noncitizens, contained in the

7 final rule issued by the Secretary of Housing and Urban

8 Development in RIN–2501–AA63 (Docket No. R–95–1409;

9 FR–2383–F–050), published in the Federal Register on

10 March 20, 1995 (Vol. 60, No. 53; pp. 14824–14861), shall

11 not apply after that date.

12 Subtitle D—Effective Dates

13 SEC. 231. EFFECTIVE DATES.

14 (a) IN GENERAL.—Except as provided in subsection

15 (b) or as otherwise provided in this title, this title and the

16 amendments made by this title shall take effect on the date

17 of the enactment of this Act.

18 (b) BENEFITS.—The provisions of sections 201 and

19 204 shall apply to benefits and to applications for benefits

20 received on or after the date of the enactment of this Act.
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1 TITLE III—MISCELLANEOUS

2 PROVISIONS

3 SEC. 301. CHANGES REGARDING VISA APPLICATION PROC4 ESS.

5 (a) NONIMMIGRANT APPLICATIONS.—Section 222(c) (8

6 U.S.C. 1202(c)) is amended—

7 (1) by striking all that follows after ‘‘United

8 States;’’ through ‘‘marital status;’’; and

9 (2) by adding at the end thereof the following:

10 ‘‘At the discretion of the Secretary of State, applica11 tion forms for the various classes of nonimmigrant

12 admissions described in section 101(a)(15) may vary

13 according to the class of visa being requested.’’.

14 (b) DISPOSITION OF APPLICATIONS.—Section 222(e)

15 (8 U.S.C. 1202(e)) is amended—

16 (1) in the first sentence, by striking ‘‘required by

17 this section’’ and inserting ‘‘for an immigrant visa’’;

18 and

19 (2) in the third sentence—

20 (A) by inserting ‘‘or other document’’ after

21 ‘‘stamp,’’; and

22 (B) by striking ‘‘by the consular officer’’.
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1 SEC. 302. VISA WAIVER PROGRAM.

2 (a) EXTENSION OF PROGRAM.—Section 217(f) (8

3 U.S.C. 1187(f)) is amended by striking ‘‘1996’’ and insert4 ing ‘‘1998’’.

5 (b) REPEAL OF PROBATIONARY PROGRAM.—(1) Sec6 tion 217(g) (8 U.S.C. 1187(g)) is repealed.

7 (2) A country designated as a pilot program country

8 with probationary status under section 217(g) of the Immi9 gration and Nationality Act (as in effect prior to the date

10 of enactment of this Act) shall be subject to paragraphs (3)

11 and (4) of that subsection as if such paragraphs were not

12 repealed.

13 (c) DURATION AND TERMINATION OF DESIGNATION OF

14 PILOT PROGRAM COUNTRIES.—Section 217, as amended by

15 this section, is further amended by adding at the end the

16 following:

17 ‘‘(g) DURATION AND TERMINATION OF DESIGNA18 TION.—

19 ‘‘(1) PROGRAM COUNTRIES.—(A) Upon deter20 mination by the Attorney General that a visa waiver

21 program country’s disqualification rate is 2 percent

22 or more, the Attorney General shall notify the Sec23 retary of State.

24 ‘‘(B) If the program country’s disqualification

25 rate is greater than 2 percent but less than 3.5 per26 cent, the Attorney General and the Secretary of State
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1 shall place the program country in probationary sta2 tus for a period not to exceed 3 full fiscal years fol3 lowing the year in which the designation of the coun4 try as a pilot program country is made.

5 ‘‘(C) If the program country’s disqualification

6 rate is 3.5 percent or more, the Attorney General and

7 the Secretary of State, acting jointly, shall terminate

8 the country’s designation effective at the beginning of

9 the second fiscal year following the fiscal year in

10 which the determination is made.

11 ‘‘(2) END OF PROBATIONARY STATUS.—(A) If the

12 Attorney General and the Secretary of State, acting

13 jointly, determine at the end of the probationary pe14 riod described in subparagraph (B) that the program

15 country’s disqualification rate is less than 2 percent,

16 they shall redesignate the country as a program coun17 try.

18 ‘‘(B) If the Attorney General and the Secretary

19 of State, acting jointly, determine at the end of the

20 probationary period described in subparagraph (B)

21 that a visa waiver country has—

22 ‘‘(i) failed to develop a machine readable

23 passport program as required by subparagraph

24 (C) of subsection (c)(2), or
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1 ‘‘(ii) has a disqualification rate of 2 percent

2 or more,

3 then the Attorney General and the Secretary of State

4 shall jointly terminate the designation of the country

5 as a visa waiver program country, effective at the be6 ginning of the first fiscal year following the fiscal

7 year in which in the determination is made.

8 ‘‘(3) DISCRETIONARY TERMINATION.—Notwith9 standing any other provision of this section, the At10 torney General and the Secretary of State, acting

11 jointly, may for any reason (including national secu12 rity or failure to meet any other requirement of this

13 section), at any time, rescind any waiver under sub14 section (a) or terminate any designation under sub15 section (c), effective upon such date as they shall

16 jointly determine.

17 ‘‘(4) EFFECTIVE DATE OF TERMINATION.—Na18 tionals of a country whose eligibility for the program

19 is terminated by the Attorney General and the Sec20 retary of State, acting jointly, may continue to have

21 paragraph (7)(B)(i)(II) of section 212(a) waived, as

22 authorized by subsection (a), until the country’s ter23 mination of designation becomes effective as provided

24 in this subsection.
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1 ‘‘(5) NONAPPLICABILITY OF CERTAIN PROVI2 SIONS.—Paragraphs (1)(C) and (3) shall not apply

3 unless the total number of nationals of a designated

4 country, as described in paragraph (6)(A), is in ex5 cess of 100.

6 ‘‘(6) DEFINITION.—For purposes of this sub7 section, the term ‘disqualification rate’ means the

8 ratio of—

9 ‘‘(A) the total number of nationals of the

10 visa waiver program country—

11 ‘‘(i) who were excluded from admission

12 or withdrew their application for admission

13 during the most recent fiscal year for which

14 data is available, and

15 ‘‘(ii) who were admitted as non16 immigrant visitors during such fiscal year

17 and who violated the terms of such admis18 sion, to

19 ‘‘(B) the total number of nationals of that

20 country who applied for admission as non21 immigrant visitors during such fiscal year.’’.

22 SEC. 303. TECHNICAL AMENDMENT.

23 Section 212(d)(11) of the Immigration and National24 ity Act (8 U.S.C. 1182(d)(11)) is amended by inserting a

25 ‘‘comma’’ after ‘‘(4) thereof)’’.
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1 SEC. 304. CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS

2 FROM IMMIGRATION CHECKPOINTS.

3 (a) FINDINGS.—Congress makes the following findings:

4 (1) Immigration checkpoints are an important

5 component of the national strategy to prevent illegal

6 immigration.

7 (2) Individuals fleeing immigration checkpoints

8 and leading law enforcement officials on high speed

9 vehicle chases endanger law enforcement officers, in10 nocent bystanders, and the fleeing individuals them11 selves.

12 (3) The pursuit of suspects fleeing immigration

13 checkpoints is complicated by overlapping jurisdiction

14 among Federal, State, and local law enforcement offi15 cers.

16 (b) HIGH SPEED FLIGHT FROM BORDER CHECK17 POINTS.—Chapter 35 of title 18, United States Code, is

18 amended by inserting the following new section:

19 ‘‘§ 758. High speed flight from immigration check20 point

21 ‘‘(a) Whoever flees or evades a checkpoint operated by

22 the Immigration and Naturalization Service or any other

23 Federal law enforcement agency in a motor vehicle after

24 entering the United States and flees Federal, State, or local

25 law enforcement agents in excess of the legal speed limit

26 shall be imprisoned not more than five years.’’.
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1 (c) GROUNDS FOR DEPORTATION.—Section

2 241(a)(2)(A) (8 U.S.C. 1251(a)(2)(A)) of title 8, United

3 States Code, is amended by inserting the following new sub4 section:

5 ‘‘(v) HIGH SPEED FLIGHT.—Any alien who is con6 victed of high speed flight from a checkpoint (as defined

7 by section 758(a) of chapter 35) is deportable.’’.

8 SEC. 305. CHILDREN BORN ABROAD TO UNITED STATES CIT9 IZEN MOTHERS; TRANSMISSION REQUIRE10 MENTS.

11 (a) AMENDMENTS TO IMMIGRATION AND NATIONALITY

12 ACT TECHNICAL CORRECTIONS ACT OF 1994.—Section

13 101(d) of the Immigration and Nationality Technical Cor14 rections Act of 1994 (Public Law 103–416) is amended to

15 read as follows:

16 ‘‘(d) APPLICABILITY OF TRANSMISSION REQUIRE17 MENTS.—Notwithstanding this section and the amendments

18 made by this section, any provision of law relating to resi19 dence or physical presence in the United States for purposes

20 of transmitting United States citizenship shall apply to any

21 person whose claim of citizenship is based on the amend22 ment made by subsection (a), and to any person through

23 whom such a claim of citizenship is derived.’’.

24 (b) EFFECTIVE DATE.—The amendment made by this

25 section shall be deemed to have become effective as of the
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1 date of enactment of the Immigration and Nationality

2 Technical Corrections Act of 1994.

3 SEC. 306. FEE FOR DIVERSITY IMMIGRANT LOTTERY.

4 The Secretary of State may establish a fee to be paid

5 by each immigrant issued a visa under subsection (c) of

6 section 203 of the Immigration and Nationality Act (8

7 U.S.C. 1153(c)). Such fee may be set at a level so as to

8 cover the full cost to the Department of State of administer9 ing that subsection, including the cost of processing all ap10 plications thereunder. All such fees collected shall be depos11 ited as an offsetting collection to any Department of State

12 appropriation and shall remain available for obligation

13 until expended. The provisions of the Act of August 18, 1856

14 (Rev. Stat. 1726–28; 22 U.S.C. 4212–14), concerning ac15 counting for consular fees, shall not apply to fees collected

16 pursuant to this section.

17 SEC. 307. SUPPORT OF DEMONSTRATION PROJECTS FOR

18 NATURALIZATION CEREMONIES.

19 (a) FINDINGS.—The Congress makes the following

20 findings:

21 (1) American democracy performs best when the

22 maximum number of people subject to its laws par23 ticipate in the political process, at all levels of govern24 ment.
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1 (2) Citizenship actively exercised will better as2 sure that individuals both assert their rights and ful3 fill their responsibilities of membership within our

4 political community, thereby benefiting all citizens

5 and residents of the United States.

6 (3) A number of private and charitable organi7 zations assist in promoting citizenship, and the Sen8 ate urges them to continue to do so.

9 (b) DEMONSTRATION PROJECTS.—The Attorney Gen10 eral shall make available funds under this section, in each

11 of 5 consecutive years (beginning with 1996), to the Immi12 gration and Naturalization Service or to other public or

13 private nonprofit entities to support demonstration projects

14 under this section at 10 sites throughout the United States.

15 Each such project shall be designed to provide for the ad16 ministration of the oath of allegiance (under section 337(a)

17 of the Immigration and Nationality Act) on a business day

18 around the 4th of July for approximately 500 people whose

19 application for naturalization has been approved. Each

20 project shall provide for appropriate outreach and ceremo21 nial and celebratory activities.

22 (c) SELECTION OF SITES.—The Attorney General

23 shall, in the Attorney General’s discretion, select diverse lo24 cations for sites on the basis of the number of naturalization

25 applicants living in proximity to each site and on the de-
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1 gree of local community participation and support in the

2 project to be held at the site. Not more than 2 sites may

3 be located in the same State. The Attorney General should

4 consider changing the sites selected from year to year.

5 (d) AMOUNTS AVAILABLE; USE OF FUNDS.—

6 (1) AMOUNT.—The amount that may be made

7 available under this section with respect to any single

8 site for a year shall not exceed $5,000.

9 (2) USE.—Funds provided under this section

10 may only be used to cover expenses incurred carrying

11 out symbolic swearing-in ceremonies at the dem12 onstration sites, including expenses for—

13 (A) cost of personnel of the Immigration

14 and Naturalization Service (including travel

15 and overtime expenses),

16 (B) local outreach,

17 (C) rental of space, and

18 (D) costs of printing appropriate brochures

19 and other information about the ceremonies.

20 (3) AVAILABILITY OF FUNDS.—Funds that are

21 otherwise available to the Immigration and Natu22 ralization Service to carry out naturalization activi23 ties (including funds in the Immigration Examina24 tions Fee Account, under section 286(n) of the Immi-
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1 gration and Nationality Act) shall be available under

2 this section.

3 (e) APPLICATION.—In the case of an entity other than

4 the Immigration and Naturalization Service seeking to con5 duct a demonstration project under this section, no amounts

6 may be made available to the entity under this section un7 less an appropriate application has been made to, and ap8 proved by, the Attorney General, in a form and manner

9 specified by the Attorney General.

10 (f) STATE DEFINED.—For purposes of this section, the

11 term ‘‘State’’ has the meaning given such term in section

12 101(a)(36) of the Immigration and Nationality Act (8

13 U.S.C. 1101(a)(36)).

14 SEC. 308. REVIEW OF CONTRACTS WITH ENGLISH AND

15 CIVICS TEST ENTITIES.

16 (a) IN GENERAL.—The Attorney General of the United

17 States shall investigate and submit a report to the Congress

18 regarding the practices of test entities authorized to admin19 ister the English and civics tests pursuant to section

20 312.3(a) of title 8, Code of Federal Regulations. The report

21 shall include any findings of fraudulent practices by the

22 testing entities.

23 (b) PRELIMINARY AND FINAL REPORTS.—Not later

24 than 90 days after the date of the enactment of this Act,

25 the Attorney General shall submit to the Congress a prelimi-
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1 nary report of the findings of the investigation conducted

2 pursuant to subsection (a) and shall submit to the Congress

3 a final report within 275 days after the submission of the

4 preliminary report.

5 SEC. 309. DESIGNATION OF A UNITED STATES CUSTOMS AD6 MINISTRATIVE BUILDING.

7 (a) DESIGNATION.—The United States Customs Ad8 ministrative Building at the Ysleta/Zaragosa Port of Entry

9 located at 797 South Zaragosa Road in El Paso, Texas,

10 shall be known and designated as the ‘‘Timothy C.

11 McCaghren Customs Administrative Building’’.

12 (b) REFERENCES.—Any reference in a law, map, regu13 lation, document, paper, or other record of the United

14 States to the building referred to in section 1 shall be

15 deemed to be a reference to the ‘‘Timothy C. McCaghren

16 Customs Administrative Building’’.

17 SEC. 310. WAIVER OF FOREIGN COUNTRY RESIDENCE RE18 QUIREMENT WITH RESPECT TO INTER19 NATIONAL MEDICAL GRADUATES.

20 (a) EXTENSION OF WAIVER PROGRAM.—Section

21 220(c) of the Immigration and Nationality Technical Cor22 rections Act of 1994 (8 U.S.C. 1182 note) is amended by

23 striking ‘‘June 1, 1996’’ and inserting ‘‘June 1, 2002’’.

24 (b) CONDITIONS ON FEDERALLY REQUESTED WAIV25 ERS.—Section 212(e) of the Immigration and Nationality
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1 Act (8 U.S.C. 1184(e)) is amended by inserting after ‘‘ex2 cept that in the case of a waiver requested by a State De3 partment of Public Health or its equivalent’’ the following:

4 ‘‘or in the case of a waiver requested by an interested Unit5 ed States Government agency on behalf of an alien described

6 in clause (iii)’’.

7 (c) RESTRICTIONS ON FEDERALLY REQUESTED WAIV8 ERS.—Section 214(k) (8 U.S.C. 1184(k)) is amended to

9 read as follows:

10 ‘‘(k)(1) In the case of a request by an interested State

11 agency or by an interested United States Government agen12 cy for a waiver of the two-year foreign residence require13 ment under section 212(e) with respect to an alien described

14 in clause (iii) of that section, the Attorney General shall

15 not grant such waiver unless—

16 ‘‘(A) in the case of an alien who is otherwise

17 contractually obligated to return to a foreign country,

18 the government of such country furnishes the Director

19 of the United States Information Agency with a state20 ment in writing that it has no objection to such waiv21 er; and

22 ‘‘(B)(i) in the case of a request by an interested

23 State agency—

24 ‘‘(I) the alien demonstrates a bona fide offer

25 of full-time employment, agrees to begin employ-
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1 ment with the health facility or organization

2 named in the waiver application within 90 days

3 of receiving such waiver, and agrees to work for

4 a total of not less than three years (unless the At5 torney General determines that extenuating cir6 cumstances exist, such as closure of the facility

7 or hardship to the alien would justify a lesser pe8 riod of time); and

9 ‘‘(II) the alien’s employment continues to

10 benefit the public interest; or

11 ‘‘(ii) in the case of a request by an interested

12 United States Government agency—

13 ‘‘(I) the alien demonstrates a bona fide offer

14 of full-time employment that has been found to

15 be in the public interest, agrees to begin employ16 ment with the health facility or organization

17 named in the waiver application within 90 days

18 of receiving such waiver, and agrees to work for

19 a total of not less than three years (unless the At20 torney General determines that extenuating cir21 cumstances exist, such as closure of the facility

22 or hardship to the alien would justify a lesser pe23 riod of time); and

24 ‘‘(II) the alien’s employment continues to

25 benefit the public interest;
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1 ‘‘(C) in the case of a request by an interested

2 State agency, the alien agrees to practice medicine in

3 accordance with paragraph (2) for a total of not less

4 than three years only in the geographic area or areas

5 which are designated by the Secretary of Health and

6 Human Services as having a shortage of health care

7 professionals; and

8 ‘‘(D) in the case of a request by an interested

9 State agency, the grant of such a waiver would not

10 cause the number of waivers allotted for that State for

11 that fiscal year to exceed 20.

12 ‘‘(2)(A) Notwithstanding section 248(2) the Attorney

13 General may change the status of an alien that qualifies

14 under this subsection and section 212(e) to that of an alien

15 described in section 101(a)(15)(H)(i)(b).

16 ‘‘(B) No person who has obtained a change of status

17 under subparagraph (A) and who has failed to fulfill the

18 terms of the contract with the health facility or organization

19 named in the waiver application shall be eligible to apply

20 for an immigrant visa, for permanent residence, or for any

21 other change of nonimmigrant status until it is established

22 that such person has resided and been physically present

23 in the country of his nationality or his last residence for

24 an aggregate of at least two years following departure from

25 the United States.
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1 ‘‘(3) Notwithstanding any other provisions of this sub2 section, the two-year foreign residence requirement under

3 section 212(e) shall apply with respect to an alien in clause

4 (iii) of that section who has not otherwise been accorded

5 status under section 101(a)(27)(H)—

6 ‘‘(A) in the case of a request by an interested

7 State agency, if at any time the alien practices medi8 cine in an area other than an area described in para9 graph (1)(C); and

10 ‘‘(B) in the case of a request by an interested

11 United States Government agency, if at any time the

12 alien engages in employment for a health facility or

13 organization not named in the waiver application.’’.

14 SEC. 311. CONTINUED VALIDITY OF LABOR CERTIFI15 CATIONS AND PETITIONS FOR PROFES16 SIONAL ATHLETES.

17 (a) LABOR CERTIFICATION.—Section 212(a)(5) is

18 amended by adding at the end the following:

19 ‘‘(D) PROFESSIONAL ATHLETES.—The labor

20 certification received for a professional athlete

21 shall remain valid for that athlete after the ath22 lete changes employer if the new employer is a

23 team in the same sport as the team which em24 ployed the athlete when he first applied for labor

25 certification hereunder. For purposes of this sub-
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1 paragraph, the term ‘professional athlete’ means

2 an individual who is employed as an athlete by

3 a team that belongs to the National Hockey

4 League, the National Football League, the Na5 tional Basketball Association, Major League

6 Baseball, or any minor league which is affiliated

7 with one of the forgoing leagues.’’.

8 (b) PETITIONS.—Section 204(a)(1)(D) is amended by

9 adding at the end the following new sentences: ‘‘A petition

10 for a professional athlete will remain valid for that athlete

11 after the athlete changes employers provided that the new

12 employer is a team in the same sport as the team which

13 employed the athlete when he first applied for labor certifi14 cation hereunder. For purposes of the preceding sentence,

15 the term ‘professional athlete’ means an individual who is

16 employed as an athlete by a team that belongs to the Na17 tional Hockey League, the National Football League, the

18 National Basketball Association, Major League Baseball, or

19 any minor league which is affiliated with one of the fore20 going leagues.’’.

21 SEC. 312. MAIL-ORDER BRIDE BUSINESS.

22 (a) CONGRESSIONAL FINDINGS.—The Congress makes

23 the following findings:

24 (1) There is a substantial ‘‘mail-order bride’’

25 business in the United States. With approximately
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1 200 companies in the United States, an estimated

2 2,000 to 3,500 American men find wives through

3 mail-order bride catalogs each year. However, there

4 are no official statistics available on the number of

5 mail-order brides entering the United States each

6 year.

7 (2) The companies engaged in the mail-order

8 bride business earn substantial profits from their

9 businesses.

10 (3) Although many of these mail-order marriages

11 work out, in many other cases, anecdotal evidence

12 suggests that mail-order brides often find themselves

13 in abusive relationships. There is also evidence to sug14 gest that a substantial number of mail-order mar15 riages constitute marriage fraud under United States

16 law.

17 (4) Many mail-order brides come to the United

18 States unaware or ignorant of United States immi19 gration law. Mail-order brides who are battered

20 spouses often think that if they flee an abusive mar21 riage, they will be deported. Often the citizen spouse

22 threatens to have them deported if they report the

23 abuse.

24 (5) The Immigration and Naturalization Service

25 estimates the rate of marriage fraud between foreign
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1 nationals and United States citizens or legal perma2 nent residents as eight percent. It is unclear what

3 percent of those marriage fraud cases originated as

4 mail-order marriages.

5 (b) INFORMATION DISSEMINATION.—Each inter6 national matchmaking organization doing business in the

7 United States shall disseminate to recruits, upon recruit8 ment, such immigration and naturalization information as

9 the Immigration and Naturalization Service deems appro10 priate, in the recruit’s native language, including informa11 tion regarding conditional permanent residence status, per12 manent resident status, the battered spouse waiver of condi13 tional permanent resident status requirement, marriage

14 fraud penalties, immigrants’ rights, the unregulated nature

15 of the business, and the study mandated in subsection (c).

16 (c) STUDY.—The Attorney General, in consultation

17 with the Commissioner of Immigration and Naturalization

18 and the Violence Against Women Office of the Department

19 of Justice, shall conduct a study to determine, among other

20 things—

21 (1) the number of mail-order marriages;

22 (2) the extent of marriage fraud arising as a re23 sult of the services provided by international match24 making organizations;
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1 (3) the extent to which mail-order spouses utilize

2 section 244(a)(3) of the Immigration and Nationality

3 Act providing for waiver of deportation in the event

4 of abuse, or section 204(a)(1)(A)(iii) of such Act pro5 viding for self-petitioning for permanent resident sta6 tus;

7 (4) the extent of domestic abuse in mail-order

8 marriages; and

9 (5) the need for continued or expanded regula10 tion and education to implement the objectives of the

11 Violence Against Women Act of 1994 in this area.

12 (d) REPORT.—Not later than one year after the date

13 of enactment of this Act, the Attorney General shall submit

14 a report to the Congress setting forth the results of the study

15 conducted under subsection (c).

16 (e) CIVIL PENALTY.—(1) The Attorney General shall

17 impose a civil penalty of not to exceed $20,000 for each

18 violation of subsection (b).

19 (2) Any penalty under paragraph (1) may be imposed

20 only after notice and opportunity for an agency hearing

21 on the record in accordance with sections 554 through 557

22 of title 5, United States Code.

23 (f) DEFINITIONS.—As used in this section:

24 (1) INTERNATIONAL MATCHMAKING ORGANIZA25 TION.—The term ‘‘international matchmaking organi-
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1 zation’’ means a corporation, partnership, business,

2 or other legal entity, whether or not organized under

3 the laws of the United States or any State, that does

4 business in the United States and for profit offers to

5 United States citizens or permanent resident aliens,

6 dating, matrimonial, or social referral services to

7 nonresident, noncitizens, by—

8 (A) an exchange of names, telephone num9 bers, addresses, or statistics;

10 (B) selection of photographs; or

11 (C) a social environment provided by the

12 organization in a country other than the United

13 States.

14 (2) RECRUIT.—The term ‘‘recruit’’ means a non15 citizen, nonresident person, recruited by the inter16 national matchmaking organization for the purpose

17 of providing dating, matrimonial, or social referral

18 services to United States citizens or permanent resi19 dent aliens.

20 SEC. 313. APPROPRIATIONS FOR CRIMINAL ALIEN TRACK21 ING CENTER.

22 Section 130002(b) of the Violent Crime Control and

23 Law Enforcement Act of 1994 (8 U.S.C. 1252 note) is

24 amended—

25 (1) by inserting ‘‘and’’ after ‘‘1996;’’, and
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1 (2) by striking paragraph (2) and all that fol2 lows through the end period and inserting the follow3 ing:

4 ‘‘(2) $5,000,000 for each of fiscal years 1997

5 through 2001.’’.

6 SEC. 314. BORDER PATROL MUSEUM

7 (a) AUTHORITY.—Notwithstanding section 203 of the

8 Federal Property and Administrative Services Act of 1949

9 (40 U.S.C. 484) or any other provision of law, the Attorney

10 General is authorized to transfer and convey to the Border

11 Patrol Museum and Memorial Library Foundation, incor12 porated in the State of Texas, such equipment, artifacts,

13 and memorabilia held by the Immigration and Naturaliza14 tion Service, as the Attorney General may determine is nec15 essary to further the purposes of the Museum and Founda16 tion.

17 (b) TECHNICAL ASSISTANCE.—The Attorney General

18 is authorized to provide technical assistance, through the

19 detail of personnel of the Immigration and Naturalization

20 Service, to the Border Patrol Museum and Memorial Li21 brary Foundation for the purpose of demonstrating the use

22 of the items transferred under subsection (a).

23 SEC. 315. PILOT PROGRAMS TO PERMIT BONDING.

24 (a) IN GENERAL.—The Attorney General of the United

25 States shall establish a pilot program in 5 INS district of-
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1 fices (at least 2 of which are in States selected for a dem2 onstration project under section 112 of this Act) to require

3 aliens to post a bond in lieu of the affidavit requirements

4 in section 203 of the Immigration Control and Financial

5 Responsibility Act of 1996 and the deeming requirements

6 in section 204 of such Act. Any pilot program established

7 pursuant to this subsection shall require an alien to post

8 a bond in an amount sufficient to cover the cost of benefits

9 for the alien and the alien’s dependents under the programs

10 described in section 241(a)(5)(D) of the Immigration and

11 Nationality Act (8 U.S.C. 1251(a)(5)(D)) and shall remain

12 in effect until the alien and all members of the alien’s fam13 ily permanently depart from the United States, are natu14 ralized, or die. Suit on any such bonds may be brought

15 under the terms and conditions set forth in section 213 of

16 the Immigration and Nationality Act.

17 (b) REGULATIONS.—Not later than 180 days after the

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

19 issue regulations for establishing the pilot programs, includ20 ing—

21 (1) criteria and procedures for—

22 (A) certifying bonding companies for par23 ticipation in the program, and

24 (B) debarment of any such company that

25 fails to pay a bond, and
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1 (2) criteria for setting the amount of the bond to

2 assure that the bond is in an amount that is not less

3 than the cost of providing benefits under the programs

4 described in section 241(a)(5)(D) for the alien and the

5 alien’s dependents for 6 months.

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

7 authorized to be appropriated such sums as may be nec8 essary to carry out this section.

9 (d) ANNUAL REPORTING REQUIREMENT.—The Attor10 ney General shall report annually to Congress on the effec11 tiveness of the pilot program, once within 9 months and

12 again within 1 year and 9 months after the pilot program

13 begins operating.

14 (e) SUNSET.—The pilot program shall sunset after 2

15 years of operation.

16 SEC. 316. MINIMUM STATE INS PRESENCE.

17 (a) IN GENERAL.—Section 103 (8 U.S.C. 1103) is

18 amended by adding at the end the following new subsection:

19 ‘‘(e) The Attorney General shall ensure that no State

20 is allocated fewer than 10 full-time active duty agents of

21 the Immigration and Naturalization Service to carry out

22 the enforcement, examinations, and inspections functions of

23 the Service for the purposes of effective enforcement of the

24 Immigration and Nationality Act.’’.
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1 (b) EFFECTIVE DATE.—The amendment made by sub2 section (a) shall take effect 90 days after the date of enact3 ment of this Act.

4 SEC. 317. DISQUALIFICATION FROM ATTAINING NON5 IMMIGRANT OR PERMANENT RESIDENCE STA6 TUS.

7 (a) DISAPPROVAL OF PETITIONS.—Section 204 of the

8 Immigration and Nationality Act (8 U.S.C. 1154) is

9 amended by adding at the end the following new subsection:

10 ‘‘(i) Restrictions on future entry of aliens apprehended

11 for violating immigration laws.

12 ‘‘(1) The Attorney General may not approve any

13 petition for lawful permanent residence status filed by

14 an alien or any person on behalf of an alien (other

15 than petitions filed by or on behalf of spouses of Unit16 ed States citizens or of aliens lawfully admitted for

17 permanent residence) who has at any time been ap18 prehended in the United States for (A) entry without

19 inspection, or (B) failing to depart from the United

20 States within one year of the expiration of any non21 immigrant visa, until the date that is ten years after

22 the alien’s departure or removal from the United

23 States.’’.

24 (b) VIOLATION OF IMMIGRATION LAW AS GROUNDS

25 FOR EXCLUSION.—Section 212(a)(6) of the Immigration
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1 and Nationality Act (8 U.S.C. 1182(a)(6)) is amended by

2 adding at the end the following new subparagraph:

3 ‘‘(G) Any alien who (i) has at any time

4 been apprehended in the United States for entry

5 without inspection, or (ii) has failed to depart

6 from the United States within one year of the ex7 piration date of any nonimmigrant visa, unless

8 such alien has applied for and been granted asy9 lum or refugee status in the United States or has

10 a bona fide application for asylum pending, is

11 excludable until the date that is ten years after

12 the alien’s departure or removal from the United

13 States.’’.

14 (c) DENIAL OF ADJUSTMENT OF STATUS.—Section

15 245(c) of the Immigration and Nationality Act (8 U.S.C.

16 1255(c)) is amended—

17 (1) by striking ‘‘or (5)’’ and inserting ‘‘(5)’’; and

18 (2) by inserting before the period the following:

19 ‘‘or (6) any alien who (A) has at any time been ap20 prehended in the United States for entry without in21 spection, or (B) has failed to depart from the United

22 States within one year of the expiration under section

23 208 date of any nonimmigrant visa, unless such alien

24 has applied for and been granted asylum or refugee
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1 status in the United States or has a bona fide appli2 cation for asylum pending’’.

3 (d) EXCEPTIONS.—Section 245 (8 U.S.C. 1254) is

4 amended by adding at the end the following new subsection:

5 ‘‘(k) The following periods of time shall be excluded

6 from the determination of periods of unauthorized stay

7 under subsection (c)(6)(B) and section 204(i):

8 (1) Any period of time in which an alien is

9 under 18 years of age.

10 (2) Any period of time in which an alien has a

11 bona fide application for asylum pending under sec12 tion 208.

13 (3) Any period of time during which an alien is

14 provided authorization to engage in employment in

15 the United States (including such an authorization

16 under section 244A(a)(1)(B)), or in which the alien

17 is the spouse of such an alien.

18 (4) Any period of time during which the alien

19 is a beneficiary of family unity protection pursuant

20 to section 301 on the Immigration Act of 1990.

21 (5) Any period of time for which the alien dem22 onstrates good cause for remaining in the United

23 States without the authorization of the Attorney Gen24 eral.
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1 SEC. 318. PASSPORTS ISSUED FOR CHILDREN UNDER 16.

2 (a) IN GENERAL.—Section 1 of title IX of the Act of

3 June 15, 1917 (22 U.S.C. 213) is amended—

4 (1) by striking ‘‘Before’’ and insert ‘‘(a) IN GEN5 ERAL.—Before’’, and

6 (2) by adding at the end the following new sub7 section:

8 ‘‘(b) PASSPORTS ISSUED FOR CHILDREN UNDER 16.—

9 ‘‘(1) SIGNATURES REQUIRED.—In the case of a

10 child under the age of 16, the written application re11 quired as a prerequisite to the issuance of a passport

12 for such child shall be signed by—

13 ‘‘(A) both parents of the child if the child

14 lives with both parents;

15 ‘‘(B) the parent of the child having primary

16 custody of the child if the child does not live with

17 both parents; or

18 ‘‘(C) the surviving parent (or legal guard19 ian) of the child, if 1 or both parents are de20 ceased.

21 ‘‘(2) WAIVER.—The Secretary of State may

22 waive the requirements of paragraph (1)(A) if the

23 Secretary determines that circumstances do not per24 mit obtaining the signatures of both parents.’’.
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1 (b) EFFECTIVE DATE.—The amendments made by this

2 section shall apply to applications for passports filed on

3 or after the date of enactment of this Act.

4 SEC. 319. EXCLUSION OF CERTAIN ALIENS FROM FAMILY

5 UNITY PROGRAM.

6 Section 301(e) of the Immigration Act of 1990 (8

7 U.S.C. 1255a note) is amended to read as follows:

8 ‘‘(e) EXCEPTION FOR CERTAIN ALIENS.—An alien is

9 not eligible for a new grant or extension of benefits of this

10 section if the Attorney General finds that the alien—

11 ‘‘(1) has been convicted of a felony or 3 or more

12 misdemeanors in the United States,

13 ‘‘(2) is described in section 243(h)(2) of the Im14 migration and Nationality Act, or

15 ‘‘(3) has committed an act of juvenile delin16 quency which if committed by an adult would be clas17 sified as—

18 ‘‘(A) a felony crime of violence that has an

19 element the use or attempted use of physical force

20 against the person of another; or

21 ‘‘(B) a felony offense that by its nature in22 volves a substantial risk that physical force

23 against the person of another may be used in the

24 course of committing the offense.’’.
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1 SEC. 320. TO ENSURE APPROPRIATELY STRINGENT PEN2 ALTIES FOR CONSPIRING WITH OR ASSISTING

3 AN ALIEN TO COMMIT AN OFFENSE UNDER

4 THE CONTROLLED SUBSTANCES IMPORT AND

5 EXPORT ACT.

6 (a) Not later than 6 months following enactment of

7 this Act, the United States Sentencing Commission shall

8 conduct a review of the guidelines applicable to an offender

9 who conspires with, or aids or abets, a person who is not

10 a citizen or national of the United States in committing

11 any offense under section 1010 of the Controlled Substance

12 Import and Export Act (21 U.S.C. 960).

13 (b) Following such review, pursuant to section 994(p)

14 of title 28, United States Code, the Commission shall pro15 mulgate sentencing guidelines or amend existing sentencing

16 guidelines to ensure an appropriately stringent sentence for

17 such offenders.

18 SEC. 321. REVIEW AND REPORT ON H–2A NONIMMIGRANT

19 WORKERS PROGRAM.

20 (a) SENSE OF THE CONGRESS.—It is the sense of the

21 Congress that the enactment of this Act may impact the

22 future availability of an adequate work force for the produc23 ers of our Nation’s labor intensive agricultural commodities

24 and livestock.

25 (b) REVIEW.—The Comptroller General shall review

26 the effectiveness of the H–2A nonimmigrant worker pro-
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1 gram to ensure that the program provides a workable safety

2 valve in the event of future shortages of domestic workers

3 after the enactment of this Act. Among other things, the

4 Comptroller General shall review the program to deter5 mine—

6 (1) that the program ensures that an adequate

7 supply of qualified United States workers is available

8 at the time and place needed for employers seeking

9 such workers after the date of enactment of this Act;

10 (2) that the program ensures that there is timely

11 approval of applications for temporary foreign work12 ers under the H–2A nonimmigrant worker program

13 in the event of shortages of United States workers

14 after the date of enactment of this Act;

15 (3) that the program ensures that implementa16 tion of the H–2A nonimmigrant worker program is

17 not displacing United States agricultural workers or

18 diminishing the terms and conditions of employment

19 of United States agricultural workers; and

20 (4) if and to what extent the H–2A non21 immigrant worker program is contributing to the

22 problem of illegal immigration.

23 (c) REPORT.—Not later than December 31, 1996, or

24 three months after the date of enactment of this Act, which25 ever is sooner, the Comptroller General shall submit a re-
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1 port to Congress setting forth the findings of the review con2 ducted under subsection (b).

3 (d) DEFINITIONS.—As used in this section—

4 (1) the term ‘‘Comptroller General’’ means the

5 Comptroller General of the United States; and

6 (2) the term ‘‘H–2A nonimmigrant worker pro7 gram’’ means the program for the admission of non8 immigrant aliens described in section

9 101(a)(15)(H)(ii)(a) of the Immigration and Nation10 ality Act.

11 SEC. 322. FINDINGS RELATED TO THE ROLE OF INTERIOR

12 BORDER PATROL STATIONS.

13 The Congress makes the following findings:

14 (1) The Immigration and Naturalization Service

15 has drafted a preliminary plan for the removal of 200

16 Border Patrol agents from interior stations and the

17 transfer of these agents to the Southwest border.

18 (2) The INS has stated that it intends to carry

19 out this transfer without disrupting service and sup20 port to the communities in which interior stations are

21 located.

22 (3) Briefings conducted by INS personnel in

23 communities with interior Border Patrol stations

24 have revealed that Border Patrol agents at interior

25 stations, particularly those located in Southwest bor-
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1 der States, perform valuable law enforcement func2 tions that cannot be performed by other INS person3 nel.

4 (4) The transfer of 200 Border Patrol agents

5 from interior stations to the Southwest border, which

6 would not increase the total number of law enforce7 ment personnel at INS, would cost the Federal Gov8 ernment approximately $12,000,000.

9 (5) The cost to the Federal Government of hiring

10 new criminal investigators and other personnel for

11 interior stations is likely to be greater than the cost

12 of retaining Border Patrol agents at interior stations.

13 (6) The first recommendation of the report by the

14 National Task Force on Immigration was to increase

15 the number of Border Patrol agents at the interior

16 stations.

17 (7) Therefore, it is the sense of the Congress

18 that—

19 (A) the United States Border Patrol plays

20 a key role in apprehending and deporting un21 documented aliens throughout the United States;

22 (B) interior Border Patrol stations play a

23 unique and critical role in the agency’s enforce24 ment mission and serve as an invaluable second

25 line of defense in controlling illegal immigration
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1 and its penetration to the interior of our coun2 try;

3 (C) a permanent redeployment of Border

4 Patrol agents from interior stations is not the

5 most cost-effective way to meet enforcement needs

6 along the Southwest border, and should only be

7 done where new Border Patrol agents cannot

8 practicably be assigned to meet enforcement

9 needs along the Southwest border; and

10 (D) the INS should hire, train and assign

11 new staff based on a strong Border Patrol pres12 ence both on the Southwest border and in inte13 rior stations that support border enforcement.

14 SEC. 323. ADMINISTRATIVE REVIEW OF ORDERS.

15 (a) Section 274A(e)(7) is amended by striking the

16 phrase ‘‘, within 30 days,’’.

17 (b) Section 274C(d)(4) is amended by striking the

18 phrase ‘‘, within 30 days,’’.

19 SEC. 324. SOCIAL SECURITY ACT.

20 Section 1173(d)(4)(B)) of the Social Security Act (42

21 U.S.C. 1320b–7(d)(4)(B)) is amended by striking clause (i)

22 and inserting the following new clause:

23 ‘‘(i) the State shall transmit to the Im24 migration and Naturalization Service either

25 photostatic or other similar copies of such
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1 documents, or information from such docu2 ments, as specified by the Immigration and

3 Naturalization Service, for official verifica4 tion,’’.

5 SEC. 325. HOUSING AND COMMUNITY DEVELOPMENT ACT

6 OF 1980.

7 Section 214(d)(4)(B) of the Housing and Community

8 Development Act of 1980 (42 U.S.C. 1436a(d)(4)(B)) is

9 amended by striking clause (i) and inserting the following

10 new clause:

11 ‘‘(i) the Secretary shall transmit to the

12 Immigration and Naturalization Service ei13 ther photostatic or other similar copies of

14 such documents, or information from such

15 documents, as specified by the Immigration

16 and Naturalization Service, for official ver17 ification,’’.

18 SEC. 326. HIGHER EDUCATION ACT OF 1965.

19 Section 484(g)(B) of the Higher Education Act of 1965

20 (20 U.S.C. 1091(g)(4)(B)) is amended by striking clause

21 (i) and inserting the following new clause:

22 ‘‘(i) the institution shall transmit to

23 the Immigration and Naturalization Serv24 ice either photostatic or other similar copies

25 of such documents, or information from
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1 such documents, as specified by the Immi2 gration and Naturalization Service, for offi3 cial verification,’’.

4 SEC. 327. LAND ACQUISITION AUTHORITY.

5 Section 103 of the Immigration and Nationality Act

6 (8 U.S.C. 1103) is amended by redesignating subsections

7 (b), (c), and (d) as subsections (c), (d), and (e) accordingly,

8 and inserting the following new subsection (b):

9 ‘‘(b)(1) The Attorney General may contract for or buy

10 any interest in land, including temporary use rights, adja11 cent to or in the vicinity of an international land border

12 when the Attorney General deems the land essential to con13 trol and guard the boundaries and borders of the United

14 States against any violation of this Act.

15 ‘‘(2) The Attorney General may contract for or buy

16 any interest in land identified pursuant to subsection (a)

17 as soon as the lawful owner of that interest fixes a price

18 for it and the Attorney General considers that price to be

19 reasonable.

20 ‘‘(3) When the Attorney General and the lawful owner

21 of an interest identified pursuant to subsection (a) are un22 able to agree upon a reasonable price, the Attorney General

23 may commence condemnation proceedings pursuant to sec24 tion 257 of title 40, United States Code.
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1 ‘‘(4) The Attorney General may accept for the United

2 States a gift of any interest in land identified pursuant

3 to subsection (a).’’.

4 SEC. 328. SERVICES TO FAMILY MEMBERS OF INS OFFICERS

5 KILLED IN THE LINE OF DUTY.

6 SEC. 294. [8 U.S.C. 1364]—TRANSPORTATION OF THE

7 REMAINS OF IMMIGRATION OFFICERS AND BORDER PA8 TROL AGENTS KILLED IN THE LINE OF DUTY.

9 (a) Nothwithstanding any other provision of law, the

10 Attorney General may expend appropriated funds to pay

11 for—

12 (1) the transportation of the remains of any Im13 migration Officer or Border Patrol agent killed in the

14 line of duty to a place of burial located in the United

15 States, the Commonwealth of Puerto Rico, or the ter16 ritories and possessions of the United States;

17 (2) the transportation of the decedent’s spouse

18 and minor children to and from the same site at rates

19 no greater than those established for official govern20 ment travel; and

21 (3) any other memorial service sanctioned by the

22 Department of Justice.

23 (b) The Department of Justice may prepay the costs

24 of any transportation authorized by this section.
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1 SEC. 329. POWERS AND DUTIES OF THE ATTORNEY GEN2 ERAL AND THE COMMISSIONER.

3 Section 103 of the Immigration and Nationality Act

4 (8 U.S.C. 1103) is amended in subsection (a) by adding

5 the following after the last sentence of that subsection:

6 ‘‘The Attorney General, in support of persons in adminis7 trative detention in non-Federal institutions, is authorized

8 to make payments from funds appropriated for the admin9 istration and enforcement of the laws relating to immigra10 tion, naturalization, and alien registration for necessary

11 clothing, medical care, necessary guard hire, and the hous12 ing, care, and security of persons detained by the Service

13 pursuant to Federal law under intergovernmental service

14 agreements with State or local units of government. The At15 torney General, in support of persons in administrative de16 tention in non-Federal institutions, is further authorized

17 to enter into cooperative agreements with any State, terri18 tory, or political subdivision thereof, for the necessary con19 struction, physical renovation, acquisition of equipment,

20 supplies or materials required to establish acceptable condi21 tions of confinement and detention services in any State

22 or local jurisdiction which agrees to provide guaranteed bed

23 space for persons detained by the Immigration and Natu24 ralization Service.’’.
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1 Section 103 of the Immigration and Nationality Act

2 (8 U.S.C. 1103) is amended in subsection (b) by adding

3 the following:

4 ‘‘The Commissioner may enter into cooperative agreements

5 with State and local law enforcement agencies for the pur6 pose of assisting in the enforcement of the immigration laws

7 of the United States.’’.

8 SEC. 330. PRECLEARANCE AUTHORITY.

9 Section 103(a) of the Immigration and Nationality

10 Act (8 U.S.C. 1103(a)) is amended by adding at the end

11 the following:

12 ‘‘After consultation with the Secretary of State, the Attor13 ney General may authorize officers of a foreign country to

14 be stationed at preclearance facilities in the United States

15 for the purpose of ensuring that persons traveling from or

16 through the United States to that foreign country comply

17 with that country’s immigration and related laws. Those

18 officers may exercise such authority and perform such du19 ties as United States immigration officers are authorized

20 to exercise and perform in that foreign country under recip21 rocal agreement, and they shall enjoy such reasonable privi22 leges and immunities necessary for the performance of their

23 duties as the government of their country extends to United

24 States immigration officers.’’.
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1 SEC. 331. CONFIDENTIALITY PROVISION FOR CERTAIN

2 ALIEN BATTERED SPOUSES AND CHILDREN.

3 (a) IN GENERAL.—With respect to information pro4 vided pursuant to section 150(b)(C) of this Act and except

5 as provided in subsection (b), in no case may the Attorney

6 General, or any other official or employee of the Depart7 ment of Justice (including any bureau or agency of such

8 department)—

9 (1) make an adverse determination of admissi10 bility or deportability of an alien under the Immigra11 tion and Nationality Act using only information fur12 nished solely by—

13 (A) a spouse or parent who has battered the

14 alien or the alien’s children or subjected the alien

15 or the alien’s children to extreme cruelty, or

16 (B) a member of the alien’s spouse’s or par17 ent’s family who has battered the alien or the

18 alien’s child or subjected the alien or alien’s

19 child to extreme cruelty,

20 unless the alien has been convicted of a crime or

21 crimes listed in section 241(a)(2) of the Immigration

22 and Nationality Act;

23 (2) make any publication whereby information

24 furnished by any particular individual can be identi25 fied;
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1 (3) permit anyone other than the sworn officers

2 and employees of the Department, bureau or agency,

3 who needs to examine such information for legitimate

4 Department, bureau, or agency purposes, to examine

5 any publication of any individual who files for relief

6 as a person who has been battered or subjected to ex7 treme cruelty.

8 (b) EXCEPTIONS.—(1) The Attorney General may pro9 vide for the furnishing of information furnished under this

10 section in the same manner and circumstances as census

11 information may be disclosed by the Secretary of Commerce

12 under section 8 of title 13, United States Code.

13 (2) The Attorney General may provide for the furnish14 ing of information furnished under this section to law en15 forcement officials to be used solely for legitimate law en16 forcement purposes.

17 SEC. 332. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT18 RESISTANT SOCIAL SECURITY CARD RE19 QUIRED.

20 (a) DEVELOPMENT.—

21 (1) IN GENERAL.—The Commissioner of Social

22 Security (hereafter in this section referred to as the

23 ‘‘Commissioner’’) shall in accordance with the provi24 sions of this section develop a prototype of a counter-
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1 feit-resistant social security card. Such prototype card

2 shall—

3 (A) be made of a durable, tamper-resistant

4 material such as plastic or polyester,

5 (B) employ technologies that provide secu6 rity features, such as magnetic stripes,

7 holograms, and integrated circuits, and

8 (C) be developed so as to provide individ9 uals with reliable proof of citizenship or legal

10 resident alien status.

11 (2) ASSISTANCE BY ATTORNEY GENERAL.—The

12 Attorney General of the United States shall provide

13 such information and assistance as the Commissioner

14 deems necessary to achieve the purposes of this sec15 tion.

16 (b) STUDY AND REPORT.—

17 (1) IN GENERAL.—The Commissioner shall con18 duct a study and issue a report to Congress which ex19 amines different methods of improving the social secu20 rity card application process.

21 (2) ELEMENTS OF STUDY.—The study shall in22 clude an evaluation of the cost and work load impli23 cations of issuing a counterfeit-resistant social secu24 rity card for all individuals over a 3, 5, and 10 year

25 period. The study shall also evaluate the feasibility
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1 and cost implications of imposing a user fee for re2 placement cards and cards issued to individuals who

3 apply for such a card prior to the scheduled 3, 5, and

4 10 year phase-in options.

5 (3) DISTRIBUTION OF REPORT.—Copies of the re6 port described in this subsection along with a fac7 simile of the prototype card as described in subsection

8 (a) shall be submitted to the Committees on Ways and

9 Means and Judiciary of the House of Representatives

10 and the Committees on Finance and Judiciary of the

11 Senate within 1 year of the date of the enactment of

12 this Act.

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

14 authorized to be appropriated and are appropriated from

15 the Federal Old-Age and Survivors Insurance Trust Fund

16 such sums as may be necessary to carry out the purposes

17 of this section.

18 SEC. 333. REPORT ON ALLEGATIONS OF HARASSMENT BY

19 CANADIAN CUSTOMS AGENTS.

20 (a) STUDY AND REVIEW.—(1) Not later than 30 days

21 after the enactment of this Act, the Commissioner of the

22 United States Customs Service shall initiate a study of alle23 gations of harassment by Canadian Customs agents for the

24 purpose of deterring cross-border commercial activity along

25 the United States-New Brunswick border. Such study shall
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1 include a review of the possible connection between any in2 cidents of harassment with the discriminatory imposition

3 of the New Brunswick Provincial Sales Tax (PST) tax on

4 goods purchased in the United States by New Brunswick

5 residents, and with any other activities taken by the Cana6 dian provincial and Federal Governments to deter cross7 border commercial activities.

8 (2) In conducting the study in subparagraph (1), the

9 Commissioner shall consult with representatives of the State

10 of Maine, local governments, local businesses, and any other

11 knowledgeable persons that the Commissioner deems impor12 tant to the completion of the study.

13 (b) REPORT.—Not later than 120 days after enactment

14 of this Act, the Commissioner of the United States Customs

15 Service shall submit to Congress a report of the study and

16 review detailed in subsection (a). The report shall also in17 clude recommendations for steps that the United States

18 Government can take to help end harassment by Canadian

19 Customs agents found to have occurred.

20 SEC. 334. SENSE OF CONGRESS ON THE DISCRIMINATORY

21 APPLICATION OF THE NEW BRUNSWICK PRO22 VINCIAL SALES TAX.

23 (a) FINDINGS.—The Congress finds that—

24 (1) in July 1993, Canadian Customs officers

25 began collecting an 11 percent New Brunswick Pro-
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1 vincial Sales Tax (PST) tax on goods purchased in

2 the United States by New Brunswick residents, an ac3 tion that has caused severe economic harm to United

4 States businesses located in proximity to the border

5 with New Brunswick;

6 (2) this impediment to cross-border trade com7 pounds the damage already done from the Canadian

8 government’s imposition of a 7 percent tax on all

9 goods bought by Canadians in the United States;

10 (3) collection of the New Brunswick Provincial

11 Sales Tax on goods purchased outside of New Bruns12 wick is collected only along the United States-Cana13 dian border—not along New Brunswick’s borders

14 with other Canadian provinces—thus being adminis15 tered by Canadian authorities in a manner uniquely

16 discriminatory to Canadians shopping in the United

17 States;

18 (4) in February 1994, the United States Trade

19 Representative (USTR) publicly stated an intention

20 to seek redress from the discriminatory application of

21 the PST under the dispute resolution process in chap22 ter 20 of the North American Free Trade Agreement

23 (NAFTA), but the United States Government has still

24 not made such a claim under NAFTA procedures; and
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1 (5) initially, the USTR argued that filing a

2 PST claim was delayed only because the dispute

3 mechanism under NAFTA had not yet been finalized,

4 but more than a year after such mechanism has been

5 put in place, the PST claim has still not been put

6 forward by the USTR.

7 (b) SENSE OF CONGRESS.—It is the sense of Congress

8 that—

9 (1) the Provincial Sales Tax levied by the Cana10 dian Province of New Brunswick on Canadian citi11 zens of that province who purchase goods in the Unit12 ed States raises questions about the possible violation

13 of the North American Free Trade Agreement in its

14 discriminatory application to cross-border trade with

15 the United States and damages good relations between

16 the United States and Canada; and

17 (2) the United States Trade Representative

18 should move forward without further delay in seeking

19 redress under the dispute resolution process in chapter

20 20 of the North American Free Trade Agreement for

21 the discriminatory application of the New Brunswick

22 Provincial Sales Tax on United States-Canada cross23 border trade.
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1 SEC. 335. FEMALE GENITAL MUTILATION.

2 (a) CONGRESSIONAL FINDINGS.—The Congress finds

3 that—

4 (1) the practice of female genital mutilation is

5 carried out by members of certain cultural and reli6 gious groups within the United States;

7 (2) the practice of female genital mutilation

8 often results in the occurrence of physical and psycho9 logical health effects that harm the women involved;

10 (3) such mutilation infringes upon the guaran11 tees of rights secured by Federal and State law, both

12 statutory and constitutional;

13 (4) the unique circumstances surrounding the

14 practice of female genital mutilation place it beyond

15 the ability of any single State or local jurisdiction to

16 control;

17 (5) the practice of female genital mutilation can

18 be prohibited without abridging the exercise of any

19 rights guaranteed under the First Amendment to the

20 Constitution or under any other law; and

21 (6) Congress has the affirmative power under

22 section 8 of article I, the necessary and proper clause,

23 section 5 of the Fourteenth Amendment, as well as

24 under the treaty clause of the Constitution to enact

25 such legislation.

26 (b) CRIMINAL CONDUCT.—
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1 (1) IN GENERAL.—Chapter 7 of title 18, United

2 States Code, is amended by adding at the end the fol3 lowing new section:

4 ‘‘§ 116. Female genital mutilation

5 ‘‘(a) Except as provided in subsection (b), whoever

6 knowingly circumcises, excises, or infibulates the whole or

7 any part of the labia majora or labia minora or clitoris

8 of another person who has not attained the age of 18 years

9 shall be fined under this title or imprisoned not more than

10 5 years, or both.

11 ‘‘(b) A surgical operation is not a violation of this sec12 tion if the operation is—

13 ‘‘(1) necessary to the health of the person on

14 whom it is performed, and is performed by a person

15 licensed in the place of its performance as a medical

16 practitioner; or

17 ‘‘(2) performed on a person in labor or who has

18 just given birth and is performed for medical pur19 poses connected with that labor or birth by a person

20 licensed in the place it is performed as a medical

21 practitioner, midwife, or person in training to become

22 such a practitioner or midwife.

23 ‘‘(c) In applying subsection (b)(1), no account shall

24 be taken of the effect on the person on whom the operation

25 is to be performed of any belief on the part of that or any
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1 other person that the operation is required as a matter of

2 custom or ritual.

3 ‘‘(d) Whoever knowingly denies to any person medical

4 care or services or otherwise discriminates against any per5 son in the provision of medical care or services, because—

6 ‘‘(1) that person has undergone female circumci7 sion, excision, or infibulation; or

8 ‘‘(2) that person has requested that female cir9 cumcision, excision, or infibulation be performed on

10 any person;

11 shall be fined under this title or imprisoned not more than

12 one year, or both.’’.

13 (2) CONFORMING AMENDMENT.—The table of sec14 tions at the beginning of chapter 7 of title 18, United

15 States Code, is amended by adding at the end the fol16 lowing new item:

‘‘116. Female genital mutilation.’’.

17 (c) EFFECTIVE DATE.—Subsection (b) shall take effect

18 on the date that is 180 days after the date of the enactment

19 of this Act.

Attest:

Secretary.
104TH CONGRESS

2D SESSION H. R. 2202

AMENDMENT
HR 2202 EAS——15

HR 2202 EAS——14HR 2202 EAS——13HR 2202 EAS——12HR 2202 EAS——11HR 2202 EAS——10HR 2202 EAS——9HR 2202 EAS——8HR 2202 EAS——7HR 2202 EAS——6HR 2202 EAS——5HR 2202 EAS——4HR 2202 EAS——3HR 2202 EAS——2
HR 2202 EAS——20

HR 2202 EAS——19HR 2202 EAS——18HR 2202 EAS——17HR 2202 EAS——16