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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2202 Engrossed in House (EH)]

  2d Session

                               H. R. 2202

_______________________________________________________________________

                                 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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  2d Session
                                H. R. 2202

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT; 
              TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Immigration in the 
National Interest Act of 1996''.
    (b) Amendments to Immigration and Nationality Act.--Except as 
otherwise specifically provided--
            (1) whenever in this Act an amendment or repeal is 
        expressed as the amendment or repeal of a section or other 
        provision, the reference shall be considered to be made to that 
        section or provision in the Immigration and Nationality Act, 
        and
            (2) amendments to a section or other provision are to such 
        section or other provision as in effect on the date of the 
        enactment of this Act and before any amendment made to such 
        section or other provision elsewhere in this Act.
    (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; amendments to Immigration and Nationality Act; 
                            table of contents.
  TITLE I--DETERRENCE OF ILLEGAL IMMIGRATION THROUGH IMPROVED BORDER 
         ENFORCEMENT, PILOT PROGRAMS, AND INTERIOR ENFORCEMENT

               Subtitle A--Improved Enforcement at Border

Sec. 101. Border patrol agents and support personnel.
Sec. 102. Improvement of barriers at border.
Sec. 103. Improved border equipment and technology.
Sec. 104. Improvement in border crossing identification card.
Sec. 105. Civil penalties for illegal entry.
Sec. 106. Prosecution of aliens repeatedly reentering the United States 
                            unlawfully.
Sec. 107. Inservice training for the border patrol.
Sec. 108. Report.
                       Subtitle B--Pilot Programs

Sec. 111. Pilot program on interior repatriation.
Sec. 112. Pilot program on use of closed military bases for the 
                            detention of inadmissible or deportable 
                            aliens.
Sec. 113. Pilot program to collect records of departing passengers.
                    Subtitle C--Interior Enforcement

Sec. 121. Increase in personnel for interior enforcement.
Sec. 122. Acceptance of state services to carry out deportation 
                            functions.
 TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING; 
                             DOCUMENT FRAUD

 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

Sec. 201. Wiretap authority for alien smuggling investigations.
Sec. 202. Racketeering offenses relating to alien smuggling.
Sec. 203. Increased criminal penalties for alien smuggling.
Sec. 204. Increased number of Assistant United States Attorneys.
Sec. 205. Undercover investigation authority.
                Subtitle B--Deterrence of Document Fraud

Sec. 211. Increased criminal penalties for fraudulent use of 
                            government-issued documents.
Sec. 212. New civil penalties for document fraud.
Sec. 213. New civil penalty for failure to present documents and for 
                            preparing immigration documents without 
                            authorization.
Sec. 214. New criminal penalties for failure to disclose role as 
                            preparer of false application for asylum 
                            and for preparing certain post-conviction 
                            applications.
Sec. 215. Criminal penalty for knowingly presenting document which 
                            fails to contain reasonable basis in law or 
                            fact.
Sec. 216. Criminal penalties for false claim to citizenship.
      Subtitle C--Asset Forfeiture for Passport and Visa Offenses

Sec. 221. Criminal forfeiture for passport and visa related offenses.
Sec. 222. Subpoenas for bank records.
Sec. 223. Effective date.
   TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND 
             REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS

        Subtitle A--Revision of Procedures for Removal of Aliens

Sec. 300. Overview of changes in removal procedures.
Sec. 301. Treating persons present in the United States without 
                            authorization as not admitted.
Sec. 302. Inspection of aliens; expedited removal of inadmissible 
                            arriving aliens; referral for hearing 
                            (revised section 235).
Sec. 303. Apprehension and detention of aliens not lawfully in the 
                            United States (revised section 236).
Sec. 304. Removal proceedings; cancellation of removal and adjustment 
                            of status; voluntary departure (revised and 
                            new sections 239 to 240C).
Sec. 305. Detention and removal of aliens ordered removed (new section 
                            241).
Sec. 306. Appeals from orders of removal (new section 242).
Sec. 307. Penalties relating to removal (revised section 243).
Sec. 308. Redesignation and reorganization of other provisions; 
                            additional conforming amendments.
Sec. 309. Effective dates; transition.
                Subtitle B--Removal of Alien Terrorists

            Part 1--Removal Procedures for Alien Terrorists

Sec. 321. Removal procedures for alien terrorists.
Sec. 322. Funding for detention and removal of alien terrorists.
   Part 2--Inadmissibility and Denial of Relief for Alien Terrorists

Sec. 331. Membership in terrorist organization as ground of 
                            inadmissibility.
Sec. 332. Denial of relief for alien terrorists.
 Subtitle C--Deterring Transportation of Unlawful Aliens to the United 
                                 States

Sec. 341. Definition of stowaway.
Sec. 342. List of alien and citizen passengers arriving.
Sec. 343. Provisions relating to contracts with transportation lines.
                   Subtitle D--Additional Provisions

Sec. 351. Definition of conviction.
Sec. 352. Immigration judges and compensation.
Sec. 353. Rescission of lawful permanent resident status.
Sec. 354. Civil penalties for failure to depart.
Sec. 355. Clarification of district court jurisdiction.
Sec. 356. Demonstration project for identification of illegal aliens in 
                            incarceration facility of Anaheim, 
                            California.
Sec. 357. Enhanced penalties for failure to depart, illegal reentry, 
                            and passport and visa fraud.
Sec. 358. Authorization of additional funds for removal of aliens.
Sec. 359. Application of additional civil penalties to enforcement.
Sec. 360. Prisoner transfer treaties.
Sec. 361. Criminal alien identification system.
Sec. 362. Waiver of exclusion and deportation ground for certain 
                            section 274C violators.
Sec. 363. Authorizing registration of aliens on criminal probation or 
                            criminal parole.
Sec. 364. Confidentiality provision for certain alien battered spouses 
                            and children.
Sec. 365. Authority for State and local law enforcement assistance in 
                            deportation.
        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

Sec. 401. Pilot program for voluntary use of employment eligibility 
                            confirmation process.
Sec. 402. Limiting liability for certain technical violations of 
                            paperwork requirements.
Sec. 403. Paperwork and other changes in the employer sanctions 
                            program.
Sec. 404. Strengthened enforcement of the employer sanctions 
                            provisions.
Sec. 405. Reports on earnings of aliens not authorized to work.
Sec. 406. Authorizing maintenance of certain information on aliens.
Sec. 407. Unfair immigration-related employment practices.
              TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM

                          Subtitle A--Refugees

Sec. 501. Persecution for resistance to coercive population control 
                            methods.
                       Subtitle B--Asylum Reform

Sec. 511. Asylum reform.
Sec. 512. Fixing numerical adjustments for asylees at 10,000 each year.
Sec. 513. Increase in asylum officers.
             TITLE VI--RESTRICTIONS ON BENEFITS FOR ALIENS

Sec. 600. Statements of national policy concerning welfare and 
                            immigration.
     Subtitle A--Eligibility of Illegal Aliens for Public Benefits

                   Part 1--Public Benefits Generally

Sec. 601. Making illegal aliens ineligible for public assistance, 
                            contracts, and licenses.
Sec. 602. Making unauthorized aliens ineligible for unemployment 
                            benefits.
Sec. 603. General exceptions.
Sec. 604. Treatment of expenses subject to emergency medical services 
                            exception.
Sec. 605. Report on disqualification of illegal aliens from housing 
                            assistance programs.
Sec. 606. Verification of student eligibility for postsecondary Federal 
                            student financial assistance.
Sec. 607. Payment of public assistance benefits.
Sec. 608. Definitions.
Sec. 609. Regulations and effective dates.
                       Part 2--Housing Assistance

Sec. 611. Actions in cases of termination of financial assistance.
Sec. 612. Verification of immigration status and eligibility for 
                            financial assistance.
Sec. 613. Prohibition of sanctions against entities making financial 
                            assistance eligibility determinations.
Sec. 614. Regulations.
                   Part 3--Public Education Benefits

Sec. 616. Authorizing States to deny public education benefits to 
                            aliens not lawfully present in the United 
                            States.
Subtitle B--Expansion of Disqualification From Immigration Benefits on 
                       the Basis of Public Charge

Sec. 621. Ground for inadmissibility.
Sec. 622. Ground for deportability.
      Subtitle C--Attribution of Income and Affidavits of Support

Sec. 631. Attribution of sponsor's income and resources to family-
                            sponsored immigrants.
Sec. 632. Requirements for sponsor's affidavit of support.
Sec. 633. Cosignature of alien student loans.
Sec. 634. Statutory construction.
                 TITLE VII--FACILITATION OF LEGAL ENTRY

Sec. 701. Additional land border inspectors; infrastructure 
                            improvements.
Sec. 702. Commuter lane pilot programs.
Sec. 703. Preinspection at foreign airports.
Sec. 704. Training of airline personnel in detection of fraudulent 
                            documents.
                  TITLE VIII--MISCELLANEOUS PROVISIONS

     Subtitle A--Amendments to the Immigration and Nationality Act

Sec. 801. Nonimmigrant status for spouses and children of members of 
                            the Armed Services.
Sec. 802. Amended definition of aggravated felony.
Sec. 803. Authority to determine visa processing procedures.
Sec. 804. Waiver authority concerning notice of denial of application 
                            for visas.
Sec. 805. Treatment of Canadian landed immigrants.
Sec. 806. Changes relating to H-1B nonimmigrants.
Sec. 807. Validity of period of visas.
Sec. 808. Limitation on adjustment of status of individuals not 
                            lawfully present in the United States.
Sec. 809. Limited access to certain confidential INS files.
Sec. 810. Change of nonimmigrant classification.
Sec. 811. Certification requirements for foreign health-care workers.
Sec. 812. Computation of targeted assistance.
                      Subtitle B--Other Provisions

Sec. 831. Commission report on fraud associated with birth 
                            certificates.
Sec. 832. Uniform vital statistics.
Sec. 833. Communication between State and local government agencies, 
                            and the Immigration and Naturalization 
                            Service.
Sec. 834. Regulations regarding habitual residence.
Sec. 835. Female genital mutilation.
Sec. 836. Designation of Portugal as a visa waiver pilot program 
                            country with probationary status.
Sec. 837. Adjustment of status for certain Polish and Hungarian 
                            parolees.
Sec. 838. Support of demonstration projects.
Sec. 839. Treatment of certain aliens who served with special guerrilla 
                            units in Laos.
Sec. 840. Sense of the Congress regarding the mission of the 
                            Immigration and Naturalization Service.
Sec. 841. Authorization of reimbursement of certain Polish applicants 
                            for the 1995 diversity immigrant program.
Sec. 842. Sense of Congress; requirements regarding notice.
Sec. 843. Sense of the Congress with respect to State criminal alien 
                            assistance program.
                   Subtitle C--Technical Corrections

Sec. 851. Miscellaneous technical corrections.

  TITLE I--DETERRENCE OF ILLEGAL IMMIGRATION THROUGH IMPROVED BORDER 
         ENFORCEMENT, PILOT PROGRAMS, AND INTERIOR ENFORCEMENT

               Subtitle A--Improved Enforcement at Border

SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.

    (a) Increased Number of Border Patrol Positions.--The number of 
border patrol agents shall be increased, for each fiscal year beginning 
with the fiscal year 1996 and ending with the fiscal year 2000, by 
1,000 full-time equivalent positions above the number of equivalent 
positions as of September 30, 1994.
    (b) Increase in Support Personnel.--The number of full-time support 
positions for personnel in support of border enforcement, 
investigation, detention and deportation, intelligence, information and 
records, legal proceedings, and management and administration in the 
Immigration and Naturalization Service shall be increased, beginning 
with fiscal year 1996, by 800 positions above the number of equivalent 
positions as of September 30, 1994.
    (c) Deployment of New Border Patrol Agents.--The Attorney General 
shall, to the maximum extent practicable, ensure that the border patrol 
agents hired pursuant to subsection (a) shall--
            (1) be deployed among the various Immigration and 
        Naturalization Service sectors in proportion to the level of 
        illegal crossing of the borders of the United States measured 
        in each sector during the preceding fiscal year and reasonably 
        anticipated in the next fiscal year, and
            (2) be actively engaged in law enforcement activities 
        related to such illegal crossings.

SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.

    (a) In General.--The Attorney General, in consultation with the 
Commissioner of the Immigration and Naturalization Service, shall take 
such actions as may be necessary to install additional physical 
barriers and roads (including the removal of obstacles to detection of 
illegal entrants) in the vicinity of the United States border to deter 
illegal crossings in areas of high illegal entry into the United 
States.
    (b) Construction of Fencing and Road Improvements in the Border 
Area Near San Diego, California.--
            (1) In general.--In carrying out subsection (a), the 
        Attorney General shall provide for the construction along the 
        14 miles of the international land border of the United States, 
        starting at the Pacific Ocean and extending eastward, of second 
        and third fences, in addition to the existing reinforced fence, 
        and for roads between the fences.
            (2) Prompt acquisition of necessary easements.--The 
        Attorney General shall promptly acquire such easements as may 
        be necessary to carry out this subsection and shall commence 
        construction of fences immediately following such acquisition 
        (or conclusion of portions thereof).
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection not to exceed 
        $12,000,000. Amounts appropriated under this paragraph are 
        authorized to remain available until expended.
    (c) Waiver.--The provisions of the Endangered Species Act of 1973 
are waived to the extent the Attorney General determines necessary to 
assure expeditious construction of the barriers and roads under this 
section.
    (d) Forward Deployment.--
            (1) In general.--The Attorney General shall forward deploy 
        existing border patrol agents in those areas of the border 
        identified as areas of high illegal entry into the United 
        States in order to provide a uniform and visible deterrent to 
        illegal entry on a continuing basis. The previous sentence 
        shall not apply to border patrol agents located at checkpoints.
            (2) Report.--By not later than 6 months after the date of 
        the enactment of this Act, the Attorney General shall submit to 
        the appropriate committees of Congress a report on the progress 
        and effectiveness of such forward deployments.

SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.

    The Attorney General is authorized to acquire and utilize, for the 
purpose of detection, interdiction, and reduction of illegal 
immigration into the United States, any Federal equipment (including 
fixed wing aircraft, helicopters, four-wheel drive vehicles, sedans, 
night vision goggles, night vision scopes, and sensor units) determined 
available for transfer by any other agency of the Federal Government 
upon request of the Attorney General.

SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION CARD.

    (a) In General.--Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is amended 
by adding at the end the following: ``Such regulations shall provide 
that (A) each such document include a biometric identifier (such as the 
fingerprint or handprint of the alien) that is machine readable and (B) 
an alien presenting a border crossing identification card is not 
permitted to cross over the border into the United States unless the 
biometric identifier contained on the card matches the appropriate 
biometric characteristic of the alien.''.
    (b) Effective Dates.--
            (1) Clause (A) of the sentence added by the amendment made 
        by subsection (a) shall apply to documents issued on or after 
        18 months after the date of the enactment of this Act.
            (2) Clause (B) of such sentence shall apply to cards 
        presented on or after 3 years after the date of the enactment 
        of this Act.
    (c) Report.--Not later than one year after the implementation of 
clause (A) of the sentence added by the amendment made by subsection 
(a) the Attorney General shall submit to Congress a report on the 
impact of such clause on border crossing activities.

SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.

    (a) In General.--Section 275 (8 U.S.C. 1325) is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively, and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Any alien who is apprehended while entering (or attempting to 
enter) the United States at a time or place other than as designated by 
immigration officers shall be subject to a civil penalty of--
            ``(1) at least $50 and not more than $250 for each such 
        entry (or attempted entry), or
            ``(2) twice the amount specified in paragraph (1) in the 
        case of an alien who has been previously subject to a civil 
        penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in 
lieu of, any criminal or other civil penalties that may be imposed.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to illegal entries or attempts to enter occurring on or after the 
first day of the sixth month beginning after the date of the enactment 
of this Act.

SEC. 106. PROSECUTION OF ALIENS REPEATEDLY REENTERING THE UNITED STATES 
              UNLAWFULLY.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General such sums as may be necessary to 
provide for detention and prosecution of each alien who commits an act 
that constitutes a violation of section 275(a) of the Immigration and 
Nationality Act if the alien has committed such an act on two previous 
occasions. Funds appropriated pursuant to this subsection are 
authorized to remain available until expended.
    (b) Sense of Congress.--It is the sense of Congress that the 
Attorney General should use available resources to assure detention and 
prosecution of aliens in the cases described in subsection (a).

SEC. 107. INSERVICE TRAINING FOR THE BORDER PATROL.

    (a) Requirement.--Section 103 (8 U.S.C. 1103) is amended by adding 
at the end the following new subsection:
    ``(e)(1) The Attorney General shall continue to provide for such 
programs (including intensive language training programs) of inservice 
training for full-time and part-time personnel of the Border Patrol in 
contact with the public as will familiarize the personnel with the 
rights and varied cultural backgrounds of aliens and citizens in order 
to ensure and safeguard the constitutional and civil rights, personal 
safety, and human dignity of all individuals, aliens as well as 
citizens, within the jurisdiction of the United States with whom such 
personnel have contact in their work.
    ``(2) The Attorney General shall provide that the annual report of 
the Service include a description of steps taken to carry out paragraph 
(1).''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General such sums as may be necessary for 
fiscal year 1996 to carry out the inservice training described in 
section 103(e)(1) of the Immigration and Nationality Act. The funds 
appropriated pursuant to this subsection are authorized to remain 
available until expended.

SEC. 108. REPORT.

    The Attorney General, in consultation with the Secretary of State 
and the Secretary of Defense, shall contract with the Comptroller 
General to track, monitor, and evaluate the Administration's border 
strategy to deter illegal entry, more commonly referred to as 
prevention through deterrence. To determine the efficacy of the 
Administration's strategy and related efforts, the Comptroller General 
shall submit to Congress a report of its findings within one year after 
the date of the enactment of this Act and, for every year thereafter, 
up to and including fiscal year 2000. Such a report shall include a 
collection and systematic analysis of data, including workload 
indicators, related to activities to deter illegal entry. Such a report 
shall also include recommendations to improve and increase border 
security at both the border and ports-of-entry.

                       Subtitle B--Pilot Programs

SEC. 111. PILOT PROGRAM ON INTERIOR REPATRIATION.

    (a) Establishment.--Not later than 120 days after the date of the 
enactment of this Act, the Attorney General, after consultation with 
the Secretary of State, shall establish a pilot program for up to 2 
years which provides for methods to deter multiple illegal entries by 
aliens into the United States. The pilot program may include the 
development and use of interior repatriation, third country 
repatriation, and other disincentives for multiple illegal entries into 
the United States.
    (b) Report.--Not later than 30 months after the date of the 
enactment of this Act, the Attorney General, together with the 
Secretary of State, shall submit a report to the Committees on the 
Judiciary of the House of Representatives and of the Senate on the 
operation of the pilot program under this section and whether the pilot 
program or any part thereof should be extended or made permanent.

SEC. 112. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR THE 
              DETENTION OF INADMISSIBLE OR DEPORTABLE ALIENS.

    (a) Establishment.--The Attorney General and the Secretary of 
Defense shall establish one or more pilot programs for up to 2 years 
each to determine the feasibility of the use of military bases 
available because of actions under a base closure law as detention 
centers by the Immigration and Naturalization Service. In selecting 
real property at a military base for use as a detention center under 
the pilot program, the Attorney General and the Secretary shall consult 
with the redevelopment authority established for the military base and 
give substantial deference to the redevelopment plan prepared for the 
military base.
    (b) Report.--Not later than 30 months after the date of the 
enactment of this Act, the Attorney General, together with the 
Secretary of State, shall submit a report to the Committees on the 
Judiciary of the House of Representatives and of the Senate, and the 
Committees on Armed Services of the House of Representatives and of the 
Senate, on the feasibility of using military bases closed under a base 
closure law as detention centers by the Immigration and Naturalization 
Service.
    (c) Definition.--For purposes of this section, the term ``base 
closure law'' means each of the following:
            (1) The Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note).
            (2) Title II of the Defense Authorization Amendments and 
        Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 
        2687 note).
            (3) Section 2687 of title 10, United States Code.
            (4) Any other similar law enacted after the date of the 
        enactment of this Act.

SEC. 113. PILOT PROGRAM TO COLLECT RECORDS OF DEPARTING PASSENGERS.

    (a) Establishment.--The Commissioner of the Immigration and 
Naturalization Service shall, within 180 days after the date of the 
enactment of this Act, establish a pilot program in which officers of 
the Service collect a record of departure for every alien departing the 
United States and match the records of departure with the record of the 
alien's arrival in the United States. The program shall be operated in 
as many air ports of entry as is deemed appropriate, but at no less 
than 3 of the 5 air ports of entry with the heaviest volume of incoming 
traffic from foreign territories.
    (b) Report.--
            (1) Deadline.--The Commissioner shall submit a report to 
        Congress not later than 2 years after the date the pilot 
        program is implemented under subsection (a).
            (2) Information.--The report shall include the following 
        information for each participating port of entry:
                    (A) The number of departure records collected, with 
                an accounting by country of nationality of the 
                departing alien.
                    (B) The number of departure records that were 
                successfully matched to records of the alien's prior 
                arrival in the United States, with an accounting by the 
                alien's country of nationality and by the alien's 
                classification as an immigrant or nonimmigrant.
                    (C) The number of aliens who arrived at the port of 
                entry as nonimmigrants, or as a visitor under the visa 
                waiver program under section 217 of the Immigration and 
                Nationality Act, for whom no matching departure record 
                has been obtained through the pilot program or through 
                other means, with an accounting by the alien's country 
                of nationality and date of arrival in the United 
                States.
                    (D) The estimated cost of establishing a national 
                system to verify the departure from the United States 
                of aliens admitted temporarily as nonimmigrants.
            (3) Recommendations.--The report also shall include 
        specific recommendations for implementation of the pilot 
        program on a permanent basis.
    (c) Use of Information on Visa Overstays.--Information on instances 
of visa overstay identified through the pilot program shall be 
integrated into appropriate data bases of the Immigration and 
Naturalization Service and the Department of State, including those 
used at ports of entry and at consular offices.

                    Subtitle C--Interior Enforcement

SEC. 121. INCREASE IN PERSONNEL FOR INTERIOR ENFORCEMENT.

    Subject to the availability of appropriations, the Attorney General 
shall provide for an increase in the number of investigators and 
enforcement personnel of the Immigration and Naturalization Service who 
are deployed in the interior so that the number of such personnel is 
adequate properly to investigate violations of, and to enforce, 
immigration laws.

SEC. 122. ACCEPTANCE OF STATE SERVICES TO CARRY OUT DEPORTATION 
              FUNCTIONS.

    Section 287 (8 U.S.C. 1357) is amended by adding at the end the 
following:
    ``(g)(1) Notwithstanding section 1342 of title 31, United States, 
Code, the Attorney General may enter into a written agreement with a 
State, or any political subdivision of a State, pursuant to which an 
officer or employee of the State or subdivision, who is determined by 
the Attorney General to be qualified to perform a function of an 
immigration officer, or any other officer of the Department of Justice, 
under this Act in relation to deportation of aliens in the United 
States (including investigation, apprehension, detention, presentation 
of evidence on behalf of the United States in administrative 
proceedings to determine the deportability of any alien, conduct of 
such proceedings, or removal of aliens with respect to whom a final 
order of deportation has been rendered) may carry out such function at 
the expense of the State or political subdivision and to the extent 
consistent with State and local law.
    ``(2) An agreement under this subsection shall require that an 
officer or employee of a State or political subdivision of a State 
performing a function under the agreement shall have knowledge of, and 
adhere to, Federal law relating to the function.
    ``(3) In performing a function under this subsection, an officer or 
employee of a State or political subdivision of a State shall be 
subject to the direction and supervision of the Attorney General.
    ``(4) In performing a function under this subsection, an officer or 
employee of a State or political subdivision of a State may use Federal 
property or facilities, as provided in a written agreement between the 
Attorney General and the State or subdivision.
    ``(5) With respect to each officer or employee of a State or 
political subdivision who is authorized to perform a function under 
this subsection, the specific powers and duties that may be, or are 
required to be, exercised or performed by the individual, the duration 
of the authority of the individual, and the position of the agent of 
the Attorney General who is required to supervise and direct the 
individual, shall be set forth in a written agreement between the 
Attorney General and the State or political subdivision.
    ``(6) The Attorney General may not accept a service under this 
subsection if the service will be used to displace any Federal 
employee.
    ``(7) Except as provided in paragraph (8), an officer or employee 
of a State or political subdivision of a State performing functions 
under this subsection shall not be treated as a Federal employee for 
any purpose other than for purposes of chapter 81 of title 5, United 
States Code, (relating to compensation for injury) and sections 2671 
through 2680 of title 28, United States Code, (relating to tort 
claims).
    ``(8) An officer or employee of a State or political subdivision of 
a State acting under color of authority under this subsection, or any 
agreement entered into under this subsection, shall be considered to be 
acting under color of Federal authority for purposes of determining the 
liability, and immunity from suit, of the officer or employee in a 
civil action brought under Federal or State law.
    ``(9) Nothing in this subsection shall be construed to require any 
State or political subdivision of a State to enter into an agreement 
with the Attorney General under this subsection.
    ``(10) Nothing in this subsection shall be construed to require an 
agreement under this subsection in order for any officer or employee of 
a State or political subdivision of a State--
            ``(A) to communicate with the Attorney General regarding 
        the immigration status of any individual, including reporting a 
        suspicion that a particular alien is not lawfully present in 
        the United States; or
            ``(B) otherwise to cooperate with the Attorney General in 
        the identification, apprehension, detention, or removal of 
        aliens not lawfully present in the United States.''.

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

 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

SEC. 201. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (n),
            (2) by redesignating paragraph (o) as paragraph (p), and
            (3) by inserting after paragraph (n) the following new 
        paragraph:
            ``(o)(1) a felony violation of section 1028 (relating to 
        production of false identification documentation), section 1541 
        (relating to passport issuance without authority), section 1542 
        (relating to false statements in passport applications), 
        section 1543 (relating to forgery or false use of passport), 
        section 1544 (relating to misuse of passport), section 1546 
        (relating to fraud or misuse of visas, permits, or other 
        documents) of this title; or
            ``(2) a violation of section 274, 277, or 278 of the 
        Immigration and Nationality Act (relating to the smuggling of 
        aliens); or''.

SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by inserting ``section 1028 (relating to fraud and 
        related activity in connection with identification 
        documents),'' before ``section 1029'';
            (2) by inserting ``section 1542 (relating to false 
        statement in application and use of passport), section 1543 
        (relating to forgery or false use of passport), section 1544 
        (relating to misuse of passport), section 1546 (relating to 
        fraud and misuse of visas, permits, and other documents), 
        sections 1581-1588 (relating to peonage and slavery),'' after 
        ``section 1513 (relating to retaliating against a witness, 
        victim, or an informant),'';
            (3) by striking ``or'' before ``(E)''; and
            (4) by inserting before the period at the end the 
        following: ``, or (F) any act which is indictable under the 
        Immigration and Nationality Act, section 274 (relating to 
        bringing in and harboring certain aliens), section 277 
        (relating to aiding or assisting certain aliens to enter the 
        United States), or section 278 (relating to importation of 
        alien for immoral purpose)''.

SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

    (a) In General.--Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is 
amended--
            (1) in subparagraph (B)(i), by inserting ``or in the case 
        of a violation of subparagraph (A)(ii), (iii), or (iv) in which 
        the offense was done for the purpose of commercial advantage or 
private financial gain'' after ``subparagraph (A)(i)'', and
            (2) by adding at the end the following new subparagraph:
    ``(C) Any person who engages in any conspiracy to commit, or aids 
or abets the commission of, any of the acts described in--
            ``(i) subparagraph (A)(i) shall be fined under title 18, 
        United States Code, imprisoned not more than 10 years, or both; 
        or
            ``(ii) clause (ii), (iii), or (iv) of subparagraph (A) 
        shall be fined under title 18, United States Code, imprisoned 
        not more than 5 years, or both.''.
    (b) Smuggling of Aliens Who Will Commit Crimes.--Section 274(a)(2) 
(8 U.S.C. 1324(a)(2)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``or'' at the end of clause (ii),
                    (B) by adding ``or'' at the end of clause (iii), 
                and
                    (C) by inserting after clause (iii) the following:
                            ``(iv) an offense committed with the intent 
                        or with reason to believe that the alien 
                        unlawfully brought into the United States will 
                        commit an offense against the United States or 
                        any State punishable by imprisonment for more 
                        than 1 year,''; and
            (2) by striking ``be fined'' and all that follows through 
        the final period at the end and inserting the following: ``be 
        fined under title 18, United States Code, and shall be 
        imprisoned not less than 3 years or more than 10 years.''.
    (c) Applying Certain Penalties on a Per Alien Basis.--Section 
274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by striking ``for each 
transaction constituting a violation of this paragraph, regardless of 
the number of aliens involved'' and inserting ``for each alien in 
respect to whom a violation of this paragraph occurs''.

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

    (a) In General.--The number of Assistant United States Attorneys 
employed by the Department of Justice for the fiscal year 1997 shall be 
increased by 25 above the number of Assistant United States Attorneys 
that were authorized to be employed as of September 30, 1996.
    (b) Assignment.--Individuals employed to fill the additional 
positions described in subsection (a) shall prosecute persons who bring 
into the United States or harbor illegal aliens or violate other 
criminal statutes involving illegal aliens.

SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.

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

                  ``undercover investigation authority

    ``Sec. 294. (a) In General.--With respect to any undercover 
investigative operation of the Service which is necessary for the 
detection and prosecution of crimes against the United States--
            ``(1) sums appropriated for the Service may be used for 
        leasing space within the United States and the territories and 
        possessions of the United States without regard to the 
        following provisions of law:
                    ``(A) section 3679(a) of the Revised Statutes (31 
                U.S.C. 1341),
                    ``(B) section 3732(a) of the Revised Statutes (41 
                U.S.C. 11(a)),
                    ``(C) section 305 of the Act of June 30, 1949 (63 
                Stat. 396; 41 U.S.C. 255),
                    ``(D) the third undesignated paragraph under the 
                heading `Miscellaneous' of the Act of March 3, 1877 (19 
                Stat. 370; 40 U.S.C. 34),
                    ``(E) section 3648 of the Revised Statutes (31 
                U.S.C. 3324),
                    ``(F) section 3741 of the Revised Statutes (41 
                U.S.C. 22), and
                    ``(G) subsections (a) and (c) of section 304 of the 
                Federal Property and Administrative Services Act of 
                1949 (63 Stat. 395; 41 U.S.C. 254 (a) and (c));
            ``(2) sums appropriated for the Service may be used to 
        establish or to acquire proprietary corporations or business 
        entities as part of an undercover operation, and to operate 
        such corporations or business entities on a commercial basis, 
        without regard to the provisions of section 304 of the 
        Government Corporation Control Act (31 U.S.C. 9102);
            ``(3) sums appropriated for the Service, and the proceeds 
        from the undercover operation, may be deposited in banks or 
        other financial institutions without regard to the provisions 
        of section 648 of title 18, United States Code, and of section 
        3639 of the Revised Statutes (31 U.S.C. 3302); and
            ``(4) the proceeds from the undercover operation may be 
        used to offset necessary and reasonable expenses incurred in 
        such operation without regard to the provisions of section 3617 
        of the Revised Statutes (31 U.S.C. 3302).
The authority set forth in this subsection may be exercised only upon 
written certification of the Commissioner, in consultation with the 
Deputy Attorney General, that any action authorized by paragraph (1), 
(2), (3), or (4) is necessary for the conduct of the undercover 
operation.
    ``(b) Disposition of Proceeds No Longer Required.--As soon as 
practicable after the proceeds from an undercover investigative 
operation, carried out under paragraphs (3) and (4) of subsection (a), 
are no longer necessary for the conduct of the operation, the proceeds 
or the balance of the proceeds remaining at the time shall be deposited 
into the Treasury of the United States as miscellaneous receipts.
    ``(c) Disposition of Certain Corporations and Business Entities.--
If a corporation or business entity established or acquired as part of 
an undercover operation under paragraph (2) of subsection (a) with a 
net value of over $50,000 is to be liquidated, sold, or otherwise 
disposed of, the Service, as much in advance as the Commissioner or 
Commissioner's designee determines practicable, shall report the 
circumstances to the Attorney General, the Director of the Office of 
Management and Budget, and the Comptroller General. The proceeds of the 
liquidation, sale, or other disposition, after obligations are met, 
shall be deposited in the Treasury of the United States as 
miscellaneous receipts.
    ``(d) Financial Audits.--The Service shall conduct detailed 
financial audits of closed undercover operations on a quarterly basis 
and shall report the results of the audits in writing to the Deputy 
Attorney General.''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 293 the following:

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

                Subtitle B--Deterrence of Document Fraud

SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF 
              GOVERNMENT-ISSUED DOCUMENTS.

    (a) Fraud and Misuse of Government-Issued Identification 
Documents.--Section 1028(b) of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by inserting ``except as provided in 
        paragraphs (3) and (4),'' after ``(1)'' and by striking ``five 
        years'' and inserting ``15 years'';
            (2) in paragraph (2), by inserting ``except as provided in 
        paragraphs (3) and (4),'' after ``(2)'' and by striking ``and'' 
        at the end;
            (3) by redesignating paragraph (3) as paragraph (5); and
            (4) by inserting after paragraph (2) the following new 
        paragraphs:
            ``(3) a fine under this title or imprisonment for not more 
        than 20 years, or both, if the offense is committed to 
        facilitate a drug trafficking crime (as defined in section 
        929(a)(2) of this title);
            ``(4) a fine under this title or imprisonment for not more 
        than 25 years, or both, if the offense is committed to 
        facilitate an act of international terrorism (as defined in 
        section 2331(1) of this title); and''.
    (b) Changes to the Sentencing Levels.--Pursuant to section 944 of 
title 28, United States Code, and section 21 of the Sentencing Act of 
1987, the United States Sentencing Commission shall promulgate 
guidelines, or amend existing guidelines, relating to defendants 
convicted of violating, or conspiring to violate, sections 1546(a) and 
1028(a) of title 18, United States Code. The basic offense level under 
section 2L2.1 of the United States Sentencing Guidelines shall be 
increased to--
            (1) not less than offense level 15 if the offense involves 
        100 or more documents;
            (2) not less than offense level 20 if the offense involves 
        1,000 or more documents, or if the documents were used to 
        facilitate any other criminal activity described in section 
        212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(A)(i)(II)) or in section 101(a)(43) of such Act; 
        and
            (3) not less than offense level 25 if the offense 
        involves--
                    (A) the provision of documents to a person known or 
                suspected of engaging in a terrorist activity (as such 
                terms are defined in section 212(a)(3)(B) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B));
                    (B) the provision of documents to facilitate a 
                terrorist activity or to assist a person to engage in 
                terrorist activity (as such terms are defined in 
                section 212(a)(3)(B) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(a)(3)(B)); or
                    (C) the provision of documents to persons involved 
                in racketeering enterprises (described in section 
                1952(a) of title 18, United States Code).

SEC. 212. NEW CIVIL PENALTIES FOR DOCUMENT FRAUD.

    (a) Activities Prohibited.--Section 274C(a) (8 U.S.C. 1324c(a)) is 
amended--
            (1) by striking ``or'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``, or''; and
            (3) by adding at the end the following:
            ``(5) in reckless disregard of the fact that the 
        information is false or does not relate to the applicant, to 
        prepare, to file, or to assist another in preparing or filing, 
        documents which are falsely made for the purpose of satisfying 
        a requirement of this Act.
For purposes of this section, the term `falsely made' includes, with 
respect to a document or application, the preparation or provision of 
the document or application with knowledge or in reckless disregard of 
the fact that such document contains a false, fictitious, or fraudulent 
statement or material representation, or has no basis in law or fact, 
or otherwise fails to state a material fact pertaining to the document 
or application.''.
    (b) Conforming Amendments for Civil Penalties.--Section 274C(d)(3) 
(8 U.S.C. 1324c(d)(3)) is amended by striking ``each document used, 
accepted, or created and each instance of use, acceptance, or 
creation'' both places it appears and inserting ``each instance of a 
violation under subsection (a)''.
    (c) Effective Dates.--(1) The amendments made by subsection (a) 
shall apply to the preparation or filing of documents, and assistance 
in such preparation or filing, occurring on or after the date of the 
enactment of this Act.
    (2) The amendment made by subsection (b) shall apply to violations 
occurring on or after the date of the enactment of this Act.

SEC. 213. NEW CIVIL PENALTY FOR FAILURE TO PRESENT DOCUMENTS AND FOR 
              PREPARING IMMIGRATION DOCUMENTS WITHOUT AUTHORIZATION.

    (a) In General.--Section 274C(a) (8 U.S.C. 1324c(a)), as amended by 
section 212(a), is further amended--
            (1) by striking ``or'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting a comma;
            (3) by inserting after paragraph (5) the following new 
        paragraphs:
            ``(6) to present before boarding a common carrier for the 
        purpose of coming to the United States a document which relates 
        to the alien's eligibility to enter the United States and 
to fail to present such document to an immigration officer upon arrival 
at a United States port of entry, or
            ``(7) to prepare or assist in the preparation and 
        submission of immigration forms, petitions, and applications if 
        the person or entity is not authorized to represent aliens, or 
        to prepare or assist in the preparation and submission of such 
        forms, petitions, and applications pursuant to regulations 
        promulgated by the Attorney General.''; and
            (4) by adding at the end the following:
``The Attorney General may, in the discretion of the Attorney General, 
waive the penalties of this section with respect to an alien who 
knowingly violates paragraph (6) if the alien is granted asylum under 
section 208 or withholding of deportation under section 243(h).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to individuals who board a common carrier on or after 30 days 
after the date of the enactment of this Act.

SEC. 214. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE AS 
              PREPARER OF FALSE APPLICATION FOR ASYLUM AND FOR 
              PREPARING CERTAIN POST-CONVICTION APPLICATIONS.

    Section 274C (8 U.S.C. 1324c) is amended by adding at the end the 
following new subsection:
    ``(e) Criminal Penalties for Failure To Disclose Role as Document 
Preparer.--
            ``(1) If a person is required by law or regulation to 
        disclose the fact that the person, on behalf of another person 
        and for a fee or other remuneration, has prepared or assisted 
        in preparing an application for asylum pursuant to section 208, 
        or the regulations promulgated thereunder, and the person 
        knowingly and willfully fails to disclose, conceals, or covers 
        up such fact, and the application was falsely made, the person 
        shall--
                    ``(A) be imprisoned for not less than 2 nor more 
                than 5 years, fined in accordance with title 18, United 
                States Code, or both, and
                    ``(B) be prohibited from preparing or assisting in 
                preparing, regardless of whether for a fee or other 
                remuneration, any other such application for a period 
                of at least 5 years and not more than 15 years.
            ``(2) Whoever, having been convicted of a violation of 
        paragraph (1), knowingly and willfully prepares or assists in 
        preparing an application for asylum pursuant to section 208, or 
        the regulations promulgated thereunder, regardless of whether 
        for a fee or other remuneration, in violation of paragraph 
        (1)(B) shall be imprisoned for not less than 5 years or more 
        than 15 years, fined in accordance with title 18, United States 
        Code, or both, and prohibited from preparing or assisting in 
        preparing any other such application.''.

SEC. 215. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT WHICH 
              FAILS TO CONTAIN REASONABLE BASIS IN LAW OR FACT.

    The fourth paragraph of section 1546(a) of title 18, United States 
Code, is amended by striking ``containing any such false statement'' 
and inserting ``which contains any such false statement or which fails 
to contain any reasonable basis in law or fact''.

SEC. 216. CRIMINAL PENALTIES FOR FALSE CLAIM TO CITIZENSHIP.

    Section 1015 of title 18, United States Code, is amended--
            (1) by striking the dash at the end of paragraph (d) and 
        inserting ``; or'', and
            (2) by inserting after paragraph (d) the following:
    ``(e) Whoever knowingly makes any false statement or claim that he 
is, or at any time has been, a citizen or national of the United 
States, with the intent to obtain on behalf of himself, or any other 
person, any Federal benefit or service, or to engage unlawfully in 
employment in the United States; or
    ``(f) Whoever knowingly makes any false statement or claim that he 
is a citizen of the United States in order to register to vote or to 
vote in any Federal, State, or local election (including an initiative, 
recall, or referen- dum)--''.

      Subtitle C--Asset Forfeiture for Passport and Visa Offenses

SEC. 221. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED OFFENSES.

    Section 982 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting after paragraph (5) the 
        following new paragraph:
    ``(6) The court, in imposing sentence on a person convicted of a 
violation of, or conspiracy to violate, section 1541, 1542, 1543, 1544, 
or 1546 of this title, or a violation of, or conspiracy to violate, 
section 1028 of this title if committed in connection with passport or 
visa issuance or use, shall order that the person forfeit to the United 
States any property, real or personal, which the person used, or 
intended to be used, in committing, or facilitating the commission of, 
the violation, and any property constituting, or derived from, or 
traceable to, any proceeds the person obtained, directly or indirectly, 
as a result of such violation.'', and
            (2) in subsection (b)(1)(B), by inserting ``or (a)(6)'' 
        after ``(a)(2)''.

SEC. 222. SUBPOENAS FOR BANK RECORDS.

    Section 986(a) of title 18, United States Code, is amended by 
inserting ``1028, 1541, 1542, 1543, 1544, 1546,'' before ``1956''.

SEC. 223. EFFECTIVE DATE.

    The amendments made by this subtitle shall take effect on the first 
day of the first month that begins more than 90 days after the date of 
the enactment of this Act.

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

        Subtitle A--Revision of Procedures for Removal of Aliens

SEC. 300. OVERVIEW OF CHANGES IN REMOVAL PROCEDURES.

    This subtitle amends the provisions of the Immigration and 
Nationality Act relating to procedures for inspection, exclusion, and 
deportation of aliens so as to provide for the following:
            (1) Expedited removal for undocumented aliens.--Aliens 
        arriving without valid documents are subject to an expedited 
        removal process, without an evidentiary hearing and subject to 
        strictly limited judicial review.
            (2) No reward for illegal entrants or visa overstayers.--
        Aliens who enter illegally or who overstay the period of 
        authorized admission will have a greater burden of proof in 
        removal proceedings and will face tougher standards for most 
        discretionary immigration benefits, such as suspension of 
        removal and work authorization.
            (3) Stricter standards to assure detention of aliens.--
        There are more stringent standards for the release of aliens 
        (particularly aliens convicted of aggravated felonies) during 
        and after removal proceedings.
            (4) Simplified, single removal proceeding (in place of 
        separate exclusion and deportation proceedings).--The 
        procedures for exclusion and deportation are consolidated into 
        a simpler, single procedure for removal of inadmissible and 
        deportable aliens.
            (5) Streamlined judicial review.--Judicial review is 
        streamlined through removing a layer of review in exclusion 
        cases, shortening the time period to file for review, and 
        permitting the removal of inadmissible aliens pending the 
        review.
            (6) Increased penalties to assure removal and prevent 
        further reentry.--Aliens who are ordered removed are subject to 
        civil money penalties for failure to depart on time and if they 
        seek reentry they are subject to immediate removal under the 
        prior order.
            (7) Protection of applicants for asylum.--Throughout the 
        process, the procedures protect those aliens who present 
        credible claims for asylum by giving them an opportunity for a 
        full hearing on their claims.
            (8) Reorganization.--The provisions of the Act are 
        reorganized to provide a more logical progression from arrival 
        and inspection through proceedings and removal.

SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES WITHOUT 
              AUTHORIZATION AS NOT ADMITTED.

    (a) ``Admission'' Defined.--Paragraph (13) of section 101(a) (8 
U.S.C. 1101(a)) is amended to read as follows:
    ``(13)(A) The terms `admission' and `admitted' mean, with respect 
to an alien, the lawful entry of the alien into the United States after 
inspection and authorization by an immigration officer.
    ``(B) An alien who is paroled under section 212(d)(5) or permitted 
to land temporarily as an alien crewman shall not be considered to have 
been admitted.
    ``(C) An alien lawfully admitted for permanent residence in the 
United States shall not be regarded as seeking an admission into the 
United States for purposes of the immigration laws unless the alien--
            ``(i) has abandoned or relinquished that status,
            ``(ii) has engaged in illegal activity after having 
        departed the United States,
            ``(iii) has departed from the United States while under 
        legal process seeking removal of the alien from the United 
        States, including removal proceedings under this Act and 
        extradition proceedings,
            ``(iv) has been convicted of an aggravated felony, unless 
        since such conviction the alien has been granted relief under 
        section 240A(a), or
            ``(v) is attempting to enter at a time or place other than 
        as designated by immigration officers or has not been admitted 
        to the United States after inspection and authorization by an 
        immigration officer.''.
    (b) Inadmissibility of Aliens Present Without Admission or 
Parole.--
            (1) In general.--Section 212(a) (8 U.S.C. 1182(a)) is 
        amended by redesignating paragraph (9) as paragraph (10) and by 
        inserting after paragraph (8) the following new paragraph:
            ``(9) Present without admission or parole.--
                    ``(A) In general.--An alien present in the United 
                States without being admitted or paroled, or who 
                arrives in the United States at any time or place other 
                than as designated by the Attorney General, is 
                inadmissible.
                    ``(B) Exception for certain battered women and 
                children.--Subparagraph (A) shall not apply to an alien 
                who can demonstrate that--
                            ``(i) the alien qualifies for immigrant 
                        status under subparagraphs (A)(iii), (A)(iv), 
                        (B)(ii), or (B)(iii) of section 204(a)(1),
                            ``(ii)(I) the alien has been battered or 
                        subject to extreme cruelty by a spouse or 
                        parent, or by a member of the spouse's or 
                        parent's family residing in the same household 
                        as the alien and the spouse or parent consented 
                        or acquiesced to such battery or cruelty, or 
                        (II) the alien's child has been battered or 
                        subject to extreme cruelty by a spouse or 
                        parent of the alien (without the active 
                        participation of the alien in the battery or 
                        extreme cruelty) or by a member of the spouse's 
                        or parent's family residing in the same 
                        household as the alien when the spouse or 
                        parent consented to or acquiesced in such 
                        battery or cruelty and the alien did not 
                        actively participate in such battery or 
                        cruelty, and
                            ``(iii) there was a substantial connection 
                        between the battery or cruelty described in 
                        subclause (I) or (II) and the alien's unlawful 
                        entry into the United States.''.
            (2) Transition for battered spouse or child provision.--The 
        requirements of clauses (ii) and (iii) of section 212(a)(9)(B) 
        of the Immigration and Nationality Act, as inserted by 
        paragraph (1), shall not apply to an alien who demonstrates 
        that the alien first arrived in the United States before the 
        title III-A effective date (described in section 309(a)).
    (c) Revision to Ground of Inadmissibility for Illegal Entrants and 
Immigration Violators.--Subparagraphs (A) and (B) of section 212(a)(6) 
(8 U.S.C. 1182(a)(6)) are amended to read as follows:
                    ``(A) Aliens previously removed.--
                            ``(i) Arriving aliens.--Any alien who has 
                        been ordered removed under section 235(b)(1) or 
                        at the end of proceedings under section 240 
                        initiated upon the alien's arrival in the 
                        United States and who again seeks admission 
                        within 5 years of the date of such removal is 
                        inadmissible.
                            ``(ii) Other aliens.--Any alien not 
                        described in clause (i) who has been ordered 
                        removed under section 240 or any other 
                        provision of law and who again seeks admission 
                        within 10 years of the date of such removal (or 
                        at any time in the case of an alien convicted 
                        of an aggravated felony) is inadmissible.
                            ``(iii) Aliens who had the intent to 
                        illegally enter.--Any alien who had the intent 
                        to illegally enter the United States and who 
                        has been ordered removed under section 
                        235(b)(1) or at the end of proceedings under 
                        section 240 initiated upon the alien's arrival 
                        in the United States and who again seeks 
                        admission is inadmissible.
                            ``(iv) Other aliens who had the intent to 
                        illegally enter.--Any alien not described in 
                        clause (i) who had the intent to illegally 
                        enter the United States and who has been 
                        ordered removed under section 240 or any other 
                        provision of law and who again seeks admission 
                        is inadmissible.
                            ``(v) Exception.--Clauses (i) through (iv) 
                        shall not apply to an alien seeking admission 
                        within a period if, prior to the alien's 
                        reembarkation at a place outside the United 
                        States or attempt to be admitted from foreign 
                        contiguous territory, the Attorney General has 
                        consented to the alien's reapplying for 
                        admission.
                    ``(B) Aliens present unlawfully for more than 1 
                year.--
                            ``(i) In general.--Any alien who was 
                        unlawfully present in the United States for an 
                        aggregate period totaling 1 year is 
                        inadmissible unless the alien has remained 
                        outside the United States for a period of 10 
                        years.
                            ``(ii) Exceptions.--
                                    ``(I) Minors.--No period of time in 
                                which an alien is under 18 years of age 
                                shall be taken into account in 
                                determining the period of unlawful 
                                presence in the United States under 
                                clause (i).
                                    ``(II) Asylees.--No period of time 
                                in which an alien has a bona fide 
                                application for asylum pending under 
                                section 208 shall be taken into account 
                                in determining the period of unlawful 
                                presence in the United States under 
                                clause (i).
                                    ``(III) Aliens with work 
                                authorization.--No period of time in 
                                which an alien is provided 
                                authorization to engage in employment 
                                in the United States (including such an 
                                authorization under section 
                                244A(a)(1)(B)), or in which the alien 
                                is the spouse of such an alien, shall 
                                be taken into account in determining 
                                the period of unlawful presence in the 
                                United States under clause (i).
                                    ``(IV) Family unity.--No period of 
                                time in which the alien is a 
                                beneficiary of family unity protection 
                                pursuant to section 301 of the 
                                Immigration Act of 1990 shall be taken 
                                into account in determining the period 
                                of unlawful presence in the United 
                                States under clause (i).
                                    ``(V) Battered women and 
                                children.--Clause (i) shall not apply 
                                to an alien who would be described in 
                                paragraph (9)(B) if `violation of the 
                                terms of the alien's nonimmigrant visa' 
                                were substituted for `unlawful entry 
                                into the United States' in clause (iii) 
                                of that paragraph.
                            ``(iii) Extension.--The Attorney General 
                        may extend the period of 1 year under clause 
                        (i) to a period of 15 months in the case of an 
                        alien who applies to the Attorney General 
                        (before the alien has been present unlawfully 
                        in the United States for a period totaling 1 
                        year) and establishes to the satisfaction of 
                        the Attorney General that--
                                    ``(I) the alien is not inadmissible 
                                under clause (i) at the time of the 
                                application, and
                                    ``(II) the failure to extend such 
                                period would constitute an extreme 
                                hardship for the alien.
                            ``(iv) Waiver.--In the case of an alien who 
                        is the spouse, parent, or child of a United 
                        States citizen or the spouse or child of a 
                        permanent resident alien, the Attorney General 
                        may waive clause (i) for humanitarian purposes, 
                        to assure family unity, or when it is otherwise 
                        in the public interest.
                            ``(v) National interest waiver.--The 
                        Attorney General may waive clause (i) if the 
                        Attorney General determines that such a waiver 
                        is necessary to substantially benefit--
                                    ``(I) the national security, 
                                national defense, or Federal, State, or 
                                local law enforcement;
                                    ``(II) health care, housing, or 
                                educational opportunities for an 
                                indigent or low-income population or in 
                                an underserved geographical area;
                                    ``(III) economic or employment 
                                opportunities for a specific industry 
                                or specific geographical area;
                                    ``(IV) the development of new 
                                technologies; or
                                    ``(V) environmental protection or 
                                the productive use of natural 
                                resources; and
                        the alien will engage in a specific undertaking 
                        to advance one or more of the interests 
                        identified in subclauses (I) through (V).''.
    (d) Waiver of Misrepresentation Ground of Inadmissibility for 
Certain Aliens.--Subsection (i) of section 212 (8 U.S.C. 1182) is 
amended to read as follows:
    ``(i) The Attorney General may, in the discretion of the Attorney 
General, waive the application of clause (i) of subsection (a)(6)(C)--
            ``(1) in the case of an immigrant who is the spouse, son, 
        or daughter of a United States citizen; or
            ``(2) in the case of an immigrant who is the spouse or son 
        or daughter of an alien lawfully admitted for permanent 
        residence, if it is established to the satisfaction of the 
        Attorney General that the refusal of admission to the United 
        States of such immigrant alien would result in extreme hardship 
        to the lawfully resident spouse or parent of such an alien.''.
    (e) Prohibition on Issuance of Visas for Former Citizens Who 
Renounced Citizenship to Avoid United States Taxation.--Section 
212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by subsection 
(b)(1), is amended by adding at the end the following:
                    ``(D) Former citizens who renounced citizenship to 
                avoid taxation.--Any alien who is a former citizen of 
                the United States who officially renounced United 
                States citizenship and who is determined by the 
                Attorney General to have renounced United States 
                citizenship for the purpose of avoiding taxation by the 
                United States is excludable.''.
    (f) Proof of Vaccination Requirement for Immigrants.--
            (1) In general.--Section 212(a)(1)(A) (8 U.S.C. 
        1182(a)(1)(A)) is amended--
                    (A) by redesignating clauses (ii) and (iii) as 
                clauses (iii) and (iv), respectively, and
                    (B) by inserting after clause (i) the following new 
                clause:
                            ``(ii) who seeks admission as an immigrant, 
                        or who seeks adjustment of status to the status 
                        of an alien lawfully admitted for permanent 
                        residence, and who has failed to present 
                        documentation of having received vaccination 
                        against vaccine-preventable diseases, which 
                        shall include at least the following diseases: 
                        mumps, measles, rubella, polio, tetanus and 
                        diphtheria toxoids, pertussis, influenza type B 
                        and hepatitis B, and any other vaccinations 
                        against vaccine-preventable diseases 
                        recommended by the Advisory Committee for 
                        Immunization Practices,''.
            (2) Waiver.--Section 212(g) (8 U.S.C. 1182(g)) is amended 
        by striking ``, or'' at the end of paragraph (1) and all that 
        follows and inserting a semicolon and the following:
        ``in accordance with such terms, conditions, and controls, if 
        any, including the giving of bond, as the Attorney General, in 
        the discretion of the Attorney General after consultation with 
        the Secretary of Health and Human Services, may by regulation 
        prescribe;
            ``(2) subsection (a)(1)(A)(ii) in the case of any alien--
                    ``(A) who receives vaccination against the vaccine-
                preventable disease or diseases for which the alien has 
                failed to present documentation of previous 
                vaccination, or
                    ``(B) for whom a civil surgeon, medical officer, or 
                panel physician (as those terms are defined by section 
                34.2 of title 42 of the Code of Federal Regulations) 
                certifies, according to such regulations as the 
                Secretary of Health and Human Services may prescribe, 
                that such vaccination would not be medically 
                appropriate; or
            ``(3) subsection (a)(1)(A)(iii) in the case of any alien, 
        in accordance with such terms, conditions, and controls, if 
        any, including the giving of bond, as the Attorney General, in 
        the discretion of the Attorney General after consultation with 
        the Secretary of Health and Human Services, may by regulation 
        prescribe.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply with respect to applications for immigrant visas or 
        for adjustment of status filed after September 30, 1996.
    (g) Adjustment in Grounds for Deportation.--Section 241 (8 U.S.C. 
1251), before redesignation as section 237 by section 305(a)(2), is 
amended--
            (1) in the matter before paragraph (1) of subsection (a), 
        by striking ``in the United States'' and inserting ``in and 
        admitted to the United States'';
            (2) in subsection (a)(1), by striking ``Excludable'' each 
        place it appears and inserting ``Inadmissible'';
            (3) in subsection (a)(1)(A), by striking ``excludable'' and 
        inserting ``inadmissible''; and
            (4) by amending subparagraph (B) of subsection (a)(1) to 
        read as follows:
                    ``(B) Present in violation of law.--Any alien who 
                is present in the United States in violation of this 
                Act or any other law of the United States is 
                deportable.
    (h) Waivers for Immigrants Convicted of Crimes.--Section 212(h) (8 
U.S.C. 1182(h)) is amended by adding at the end the following: ``No 
waiver shall be granted under this subsection to an immigrant who 
previously has been admitted to the United States unless that alien has 
fulfilled the time in status and continuous residence requirements of 
section 212(c). No court shall have jurisdiction to review a decision 
of the Attorney General to grant or deny a waiver under this 
subsection.''.

SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF INADMISSIBLE 
              ARRIVING ALIENS; REFERRAL FOR HEARING (REVISED SECTION 
              235).

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

``inspection by immigration officers; expedited removal of inadmissible 
                 arriving aliens; referral for hearing

    ``Sec. 235. (a) Inspection.--
            ``(1) Aliens treated as applicants for admission.--An alien 
        present in the United States who has not been admitted, who 
        arrives in the United States (whether or not at a designated 
        port of arrival), or who is brought to the United States after 
        having been interdicted in international or United States 
        waters shall be deemed for purposes of this Act an applicant 
        for admission.
            ``(2) Stowaways.--An arriving alien who is a stowaway is 
        not eligible to apply for admission or to be admitted and shall 
        be ordered removed upon inspection by an immigration officer. 
        Upon such inspection if the alien indicates an intention to 
        apply for asylum under section 208 or a fear of persecution, 
        the officer shall refer the alien for an interview under 
        subsection (b)(1)(B). A stowaway may apply for asylum only if 
        the stowaway is found to have a credible fear of persecution 
        under subsection (b)(1)(B). In no case may a stowaway be 
        considered an applicant for admission or eligible for a hearing 
        under section 240.
            ``(3) Inspection.--All aliens (including alien crewmen) who 
        are applicants for admission or otherwise seeking admission or 
        readmission to or transit through the United States shall be 
        inspected by immigration officers.
            ``(4) Withdrawal of application for admission.--An alien 
        applying for admission may, in the discretion of the Attorney 
        General and at any time, be permitted to withdraw the 
        application for admission and depart immediately from the 
        United States.
            ``(5) Statements.--An applicant for admission may be 
        required to state under oath any information sought by an 
        immigration officer regarding the purposes and intentions of 
        the applicant in seeking admission to the United States, 
        including the applicant's intended length of stay and whether 
        the applicant intends to remain permanently or become a United 
        States citizen, and whether the applicant is inadmissible.
    ``(b) Inspection of Applicants for Admission.--
            ``(1) Inspection of aliens arriving in the united states.--
                    ``(A) Screening.--If the examining immigration 
                officer determines that an alien arriving in the United 
                States (whether or not at a port of entry) is 
                inadmissible under section 212(a)(6)(C) or 212(a)(7) 
                and the alien--
                            ``(i) does not indicate either an intention 
                        to apply for asylum under section 208 or a fear 
                        of persecution, the officer shall order the 
                        alien removed from the United States without 
                        further hearing or review; or
                            ``(ii) indicates an intention to apply for 
                        asylum under section 208 or a fear of 
                        persecution, the officer shall refer the alien 
                        for an interview by an asylum officer under 
                        subparagraph (B).
                    ``(B) Asylum interviews.--
                            ``(i) Conduct by asylum officers.--An 
                        asylum officer shall promptly conduct 
                        interviews of aliens referred under 
                        subparagraph (A)(ii).
                            ``(ii) Referral of certain aliens.--If the 
                        officer determines at the time of the interview 
                        that an alien has a credible fear of 
                        persecution (within the meaning of clause (v)), 
                        the alien shall be detained for further 
                        consideration of the application for asylum.
                            ``(iii) Removal without further review if 
                        no credible fear of persecution.--
                                    ``(I) In general.--Subject to 
                                subclause (II), if the officer 
                                determines that an alien does not have 
                                a credible fear of persecution, the 
                                officer shall order the alien removed 
                                from the United States without further 
                                hearing or review.
                                    ``(II) Review of determination by 
                                supervisory officer.--The Attorney 
                                General shall promulgate regulations to 
                                provide for the immediate review by a 
                                supervisory asylum officer at the port 
                                of entry of a determination under 
                                subclause (I).
                            ``(iv) Information about interviews.--The 
                        Attorney General shall provide information 
                        concerning the asylum interview described in 
                        this subparagraph to aliens who may be 
                        eligible. An alien who is eligible for such 
                        interview may consult with a person or persons 
                        of the alien's choosing prior to the interview 
                        or any review thereof, according to regulations 
                        prescribed by the Attorney General. Such 
                        consultation shall be at no expense to the 
                        Government and shall not delay the process.
                            ``(v) Credible fear of persecution 
                        defined.--For purposes of this subparagraph, 
                        the term `credible fear of persecution' means 
                        (I) that it is more probable than not that the 
                        statements made by the alien in support of the 
                        alien's claim are true, and (II) that there is 
                        a significant possibility, in light of such 
                        statements and of such other facts as are known 
                        to the officer, that the alien could establish 
                        eligibility for asylum under section 208.
                    ``(C) Limitation on administrative review.--A 
                removal order entered in accordance with subparagraph 
                (A)(i) or (B)(iii)(I) is not subject to administrative 
                appeal, except that the Attorney General shall provide 
                by regulation for prompt review of such an order under 
                subparagraph (A)(i) against an alien who claims under 
                oath, or as permitted under penalty of perjury under 
                section 1746 of title 28, United States Code, after 
                having been warned of the penalties for falsely making 
                such claim under such conditions, to have been lawfully 
                admitted for permanent residence.
                    ``(D) Limit on collateral attacks.--In any action 
                brought against an alien under section 275(a) or 
                section 276, the court shall not have jurisdiction to 
                hear any claim attacking the validity of an order of 
                removal entered under subparagraph (A)(i) or 
                (B)(iii)(I).
                    ``(E) Asylum officer defined.--As used in this 
                paragraph, the term `asylum officer' means an 
                immigration officer who--
                            ``(i) has had professional training in 
                        country conditions, asylum law, and interview 
                        techniques, and
                            ``(ii) is supervised by an officer who 
                        meets the condition described in clause (i).
            ``(2) Inspection of other aliens.--
                    ``(A) In general.--Subject to subparagraph (B), in 
                the case of an alien who is an applicant for admission, 
                if the examining immigration officer determines that an 
                alien seeking admission is not clearly and beyond a 
                doubt entitled to be admitted, the alien shall be 
                detained for a hearing under section 240.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to an alien--
                            ``(i) who is a crewman,
                            ``(ii) to whom paragraph (1) applies, or
                            ``(iii) who is a stowaway.
            ``(3) Challenge of decision.--The decision of the examining 
        immigration officer, if favorable to the admission of any 
        alien, shall be subject to challenge by any other immigration 
        officer and such challenge shall operate to take the alien 
        whose privilege to be admitted is so challenged, before an 
        immigration judge for a hearing under section 240.
    ``(c) Removal of Aliens Inadmissible on Security and Related 
Grounds.--
            ``(1) Removal without further hearing.--If an immigration 
        officer or an immigration judge suspects that an arriving alien 
        may be inadmissible under subparagraph (A) (other than clause 
        (ii)), (B), or (C) of section 212(a)(3), the officer or judge 
        shall--
                    ``(A) order the alien removed, subject to review 
                under paragraph (2);
                    ``(B) report the order of removal to the Attorney 
                General; and
                    ``(C) not conduct any further inquiry or hearing 
                until ordered by the Attorney General.
            ``(2) Review of order.--(A) The Attorney General shall 
        review orders issued under paragraph (1).
            ``(B) If the Attorney General--
                    ``(i) is satisfied on the basis of confidential 
                information that the alien is inadmissible under 
                subparagraph (A) (other than clause (ii)), (B), or (C) 
                of section 212(a)(3), and
                    ``(ii) after consulting with appropriate security 
                agencies of the United States Government, concludes 
                that disclosure of the information would be prejudicial 
                to the public interest, safety, or security,
        the Attorney General may order the alien removed without 
        further inquiry or hearing by an immigration judge.
            ``(C) If the Attorney General does not order the removal of 
        the alien under subparagraph (B), the Attorney General shall 
        specify the further inquiry or hearing that shall be conducted 
        in the case.
            ``(3) Submission of statement and information.--The alien 
        or the alien's representative may submit a written statement 
        and additional information for consideration by the Attorney 
        General.
    ``(d) Authority Relating to Inspections.--
            ``(1) Authority to search conveyances.--Immigration 
        officers are authorized to board and search any vessel, 
        aircraft, railway car, or other conveyance or vehicle in which 
        they believe aliens are being brought into the United States.
            ``(2) Authority to order detention and delivery of arriving 
        aliens.--Immigration officers are authorized to order an owner, 
        agent, master, commanding officer, person in charge, purser, or 
        consignee of a vessel or aircraft bringing an alien (except an 
        alien crewmember) to the United States--
                    ``(A) to detain the alien on the vessel or at the 
                airport of arrival, and
                    ``(B) to deliver the alien to an immigration 
                officer for inspection or to a medical officer for 
                examination.
            ``(3) Administration of oath and consideration of 
        evidence.--The Attorney General and any immigration officer 
        shall have power to administer oaths and to take and consider 
        evidence of or from any person touching the privilege of any 
        alien or person he believes or suspects to be an alien to 
        enter, reenter, transit through, or reside in the United States 
        or concerning any matter which is material and relevant to the 
        enforcement of this Act and the administration of the Service.
            ``(4) Subpoena authority.--(A) The Attorney General and any 
        immigration officer shall have power to require by subpoena the 
        attendance and testimony of witnesses before immigration 
        officers and the production of books, papers, and documents 
        relating to the privilege of any person to enter, reenter, 
        reside in, or pass through the United States or concerning any 
        matter which is material and relevant to the enforcement of 
        this Act and the administration of the Service, and to that end 
        may invoke the aid of any court of the United States.
            ``(B) Any United States district court within the 
        jurisdiction of which investigations or inquiries are being 
        conducted by an immigration officer may, in the event of 
        neglect or refusal to respond to a subpoena issued under this 
        paragraph or refusal to testify before an immigration officer, 
        issue an order requiring such persons to appear before an 
        immigration officer, produce books, papers, and documents if 
        demanded, and testify, and any failure to obey such order of 
        the court may be punished by the court as a contempt 
        thereof.''.

SEC. 303. APPREHENSION AND DETENTION OF ALIENS NOT LAWFULLY IN THE 
              UNITED STATES (REVISED SECTION 236).

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

   ``apprehension and detention of aliens not lawfully in the united 
                                 states

    ``Sec. 236. (a) Arrest, Detention, and Release.--On a warrant 
issued by the Attorney General, an alien may be arrested and detained 
pending a decision on whether the alien is to be removed from the 
United States. Except as provided in subsection (c) and pending such 
decision, the Attorney General--
            ``(1) may continue to detain the arrested alien; and
            ``(2) may release the alien on--
                    ``(A) bond of at least $1,500 with security 
                approved by, and containing conditions prescribed by, 
                the Attorney General; or
                    ``(B) conditional parole; but
            ``(3) may not provide the alien with work authorization 
        (including an `employment authorized' endorsement or other 
        appropriate work permit), unless the alien is lawfully admitted 
        for permanent residence or otherwise would (without regard to 
        removal proceedings) be provided such authorization.
    ``(b) Revocation of Bond or Parole.--The Attorney General at any 
time may revoke a bond or parole authorized under subsection (a), 
rearrest the alien under the original warrant, and detain the alien.
    ``(c) Aliens Convicted of Aggravated Felonies.--
            ``(1) Custody.--The Attorney General shall take into 
        custody any alien convicted of an aggravated felony when the 
        alien is released, without regard to whether the alien is 
        released on parole, supervised release, or probation, and 
        without regard to whether the alien may be arrested or 
        imprisoned again for the same offense.
            ``(2) Release.--The Attorney General may release the alien 
        only if--
                    ``(A) the alien was lawfully admitted to the United 
                States and satisfies the Attorney General that the 
                alien will not pose a danger to the safety of other 
                persons or of property and is likely to appear for any 
                scheduled proceeding;
                    ``(B) the alien was not lawfully admitted to the 
                United States, cannot be removed because the designated 
                country of removal will not accept the alien, and 
                satisfies the Attorney General that the alien will not 
                pose a danger to the safety of other persons or of 
                property and is likely to appear for any scheduled 
                proceeding; or
                    ``(C) the Attorney General decides pursuant to 
                section 3521 of title 18, United States Code, that 
                release of the alien from custody is necessary to 
                provide protection to a witness, a potential witness, a 
                person cooperating with an investigation into major 
                criminal activity, or an immediate family member or 
                close associate of a witness, potential witness, or 
                person cooperating with such an investigation.
        A decision relating to such release shall take place in 
        accordance with a procedure that considers the severity of the 
        offense committed by the alien.
    ``(d) Identification of Aliens Convicted of Aggravated Felonies.--
(1) The Attorney General shall devise and implement a system--
            ``(A) to make available, daily (on a 24-hour basis), to 
        Federal, State, and local authorities the investigative 
        resources of the Service to determine whether individuals 
        arrested by such authorities for aggravated felonies are 
        aliens;
            ``(B) to designate and train officers and employees of the 
        Service to serve as a liaison to Federal, State, and local law 
        enforcement and correctional agencies and courts with respect 
        to the arrest, conviction, and release of any alien charged 
        with an aggravated felony; and
            ``(C) which uses computer resources to maintain a current 
        record of aliens who have been convicted of an aggravated 
        felony and who have been removed.
    ``(2) The record under paragraph (1)(C) shall be made available--
            ``(A) to inspectors at ports of entry and to border patrol 
        agents at sector headquarters for purposes of immediate 
        identification of any such previously removed alien seeking to 
        reenter the United States, and
            ``(B) to officials of the Department of State for use in 
        its automated visa lookout system.''.
    (b) Increase in INS Detention Facilities.--Subject to the 
availability of appropriations, the Attorney General shall provide for 
an increase in the detention facilities of the Immigration and 
Naturalization Service to at least 9,000 beds by fiscal year 1997.

SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF REMOVAL AND ADJUSTMENT 
              OF STATUS; VOLUNTARY DEPARTURE (REVISED AND NEW SECTIONS 
              239 TO 240C).

    (a) In General.--Chapter 4 of title II is amended--
            (1) by redesignating section 239 (8 U.S.C. 1229) as section 
        234 and by moving such section to immediately follow section 
        233;
            (2) by redesignating section 240 (8 U.S.C. 1230) as section 
        240C; and
            (3) by inserting after section 238 the following new 
        sections:

                  ``initiation of removal proceedings

    ``Sec. 239. (a) Notice to Appear.--
            ``(1) In general.--In removal proceedings under section 
        240, written notice (in this section referred to as a `notice 
        to appear') shall be given in person to the alien (or, if 
        personal service is not practicable, through service by mail to 
        the alien or to the alien's counsel of record, if any) 
        specifying the following:
                    ``(A) The nature of the proceedings against the 
                alien.
                    ``(B) The legal authority under which the 
                proceedings are conducted.
                    ``(C) The acts or conduct alleged to be in 
                violation of law.
                    ``(D) The charges against the alien and the 
                statutory provisions alleged to have been violated.
                    ``(E) The alien may be represented by counsel and 
                the alien will be provided (i) a period of time to 
                secure counsel under subsection (b)(1) and (ii) a 
                current list of counsel prepared under subsection 
                (b)(2).
                    ``(F)(i) The requirement that the alien must 
                immediately provide (or have provided) the Attorney 
                General with a written record of an address and 
                telephone number (if any) at which the alien may be 
                contacted respecting proceedings under section 240.
                    ``(ii) The requirement that the alien must provide 
                the Attorney General immediately with a written record 
                of any change of the alien's address or telephone 
                number.
                    ``(iii) The consequences under section 240(b)(5) of 
                failure to provide address and telephone information 
                pursuant to this subparagraph.
                    ``(G)(i) The time and place at which the 
                proceedings will be held.
                    ``(ii) The consequences under section 240(b)(5) of 
                the failure, except under exceptional circumstances, to 
                appear at such proceedings.
            ``(2) Notice of change in time or place of proceedings.--
                    ``(A) In general.--In removal proceedings under 
                section 240, in the case of any change or postponement 
                in the time and place of such proceedings, subject to 
                subparagraph (B) a written notice shall be given in 
                person to the alien (or, if personal service is not 
                practicable, through service by mail to the alien or to 
                the alien's counsel of record, if any) specifying--
                            ``(i) the new time or place of the 
                        proceedings, and
                            ``(ii) the consequences under section 
                        240(b)(5) of failing, except under exceptional 
                        circumstances, to attend such proceedings.
                    ``(B) Exception.--In the case of an alien not in 
                detention, a written notice shall not be required under 
                this paragraph if the alien has failed to provide the 
                address required under paragraph (1)(F).
            ``(3) Central address files.--The Attorney General shall 
        create a system to record and preserve on a timely basis 
        notices of addresses and telephone numbers (and changes) 
        provided under paragraph (1)(F).
    ``(b) Securing of Counsel.--
            ``(1) In general.--In order that an alien be permitted the 
        opportunity to secure counsel before the first hearing date in 
        proceedings under section 240, the hearing date shall not be 
        scheduled earlier than 10 days after the service of the notice 
        to appear, unless the alien requests in writing an earlier 
        hearing date.
            ``(2) Current lists of counsel.--The Attorney General shall 
        provide for lists (updated not less often than quarterly) of 
        persons who have indicated their availability to represent pro 
        bono aliens in proceedings under section 240. Such lists shall 
        be provided under subsection (a)(1)(E) and otherwise made 
        generally available.
    ``(c) Service by Mail.--Service by mail under this section shall be 
sufficient if there is proof of attempted delivery to the last address 
provided by the alien in accordance with subsection (a)(1)(F).
    ``(d) Prompt Initiation of Removal.--(1) In the case of an alien 
who is convicted of an offense which makes the alien deportable, the 
Attorney General shall begin any removal proceeding as expeditiously as 
possible after the date of the conviction.
    ``(2) Nothing in this subsection shall be construed to create any 
substantive or procedural right or benefit that is legally enforceable 
by any party against the United States or its agencies or officers or 
any other person.

                         ``removal proceedings

    ``Sec. 240. (a) Proceeding.--
            ``(1) In general.--An immigration judge shall conduct 
        proceedings for deciding the inadmissibility or deportability 
        of an alien.
            ``(2) Charges.--An alien placed in proceedings under this 
        section may be charged with any applicable ground of 
        inadmissibility under section 212(a) or any applicable ground 
        of deportability under section 237(a).
            ``(3) Exclusive procedures.--Unless otherwise specified in 
        this Act, a proceeding under this section shall be the sole and 
        exclusive procedure for determining whether an alien may be 
        admitted to the United States or, if the alien has been so 
        admitted, removed from the United States. Nothing in this 
        section shall affect proceedings conducted pursuant to section 
        238.
    ``(b) Conduct of Proceeding.--
            ``(1) Authority of immigration judge.--The immigration 
        judge shall administer oaths, receive evidence, and 
        interrogate, examine, and cross-examine the alien and any 
        witnesses. The immigration judge may issue subpoenas for the 
        attendance of witnesses and presentation of evidence. The 
        immigration judge shall have authority (under regulations 
        prescribed by the Attorney General) to sanction by civil money 
        penalty any action (or inaction) in contempt of the judge's 
        proper exercise of authority under this Act.
            ``(2) Form of proceeding.--
                    ``(A) In general.--The proceeding may take place--
                            ``(i) in person,
                            ``(ii) through video conference, or
                            ``(iii) subject to subparagraph (B), 
                        through telephone conference.
                    ``(B) Consent required in certain cases.--An 
                evidentiary hearing on the merits may only be conducted 
                through a telephone conference with the consent of the 
                alien involved after the alien has been advised of the 
                right to proceed in person or through video conference.
            ``(3) Presence of alien.--If it is impracticable by reason 
        of an alien's mental incompetency for the alien to be present 
        at the proceeding, the Attorney General shall prescribe 
        safeguards to protect the rights and privileges of the alien.
            ``(4) Aliens rights in proceeding.--In proceedings under 
        this section, under regulations of the Attorney General--
                    ``(A) the alien shall have the privilege of being 
                represented, at no expense to the Government, by 
                counsel of the alien's choosing who is authorized to 
                practice in such proceedings,
                    ``(B) the alien shall have a reasonable opportunity 
                to examine the evidence against the alien, to present 
                evidence on the alien's own behalf, and to cross-
                examine witnesses presented by the Government, and
                    ``(C) a complete record shall be kept of all 
                testimony and evidence produced at the proceeding.
            ``(5) Consequences of failure to appear.--
                    ``(A) In general.--Any alien who, after written 
                notice required under paragraph (1) or (2) of section 
                239(a) has been provided to the alien or the alien's 
                counsel of record, does not attend a proceeding under 
                this section, shall be ordered removed in absentia if 
                the Service establishes by clear, unequivocal, and 
                convincing evidence that the written notice was so 
                provided and that the alien is removable (as defined in 
                subsection (e)(2)). The written notice by the Attorney 
                General shall be considered sufficient for purposes of 
                this subparagraph if provided at the most recent 
                address provided under section 239(a)(1)(F).
                    ``(B) No notice if failure to provide address 
                information.--No written notice shall be required under 
                subparagraph (A) if the alien has failed to provide the 
                address required under section 239(a)(1)(F).
                    ``(C) Rescission of order.--Such an order may be 
                rescinded only--
                            ``(i) upon a motion to reopen filed within 
                        180 days after the date of the order of removal 
                        if the alien demonstrates that the failure to 
                        appear was because of exceptional circumstances 
                        (as defined in subsection (e)(1)), or
                            ``(ii) upon a motion to reopen filed at any 
                        time if the alien demonstrates that the alien 
                        did not receive notice in accordance with 
                        paragraph (1) or (2) of section 239(a) or the 
                        alien demonstrates that the alien was in 
                        Federal or State custody and did not appear 
                        through no fault of the alien.
                The filing of the motion to reopen described in clause 
                (i) or (ii) shall stay the removal of the alien pending 
                disposition of the motion.
                    ``(D) Effect on judicial review.--Any petition for 
                review under section 242 of an order entered in 
                absentia under this paragraph shall (except in cases 
                described in section 242(b)(5)) be confined to (i) the 
                validity of the notice provided to the alien, (ii) the 
                reasons for the alien's not attending the proceeding, 
                and (iii) whether or not the alien is removable.
            ``(6) Treatment of frivolous behavior.--The Attorney 
        General shall, by regulation--
                    ``(A) define in a proceeding before an immigration 
                judge or before an appellate administrative body under 
                this title, frivolous behavior for which attorneys may 
                be sanctioned,
                    ``(B) specify the circumstances under which an 
                administrative appeal of a decision or ruling will be 
                considered frivolous and will be summarily dismissed, 
                and
                    ``(C) impose appropriate sanctions (which may 
                include suspension and disbarment) in the case of 
                frivolous behavior.
        Nothing in this paragraph shall be construed as limiting the 
        authority of the Attorney General to take actions with respect 
        to inappropriate behavior.
            ``(7) Limitation on discretionary relief for failure to 
        appear.--Any alien against whom a final order of removal is 
        entered in absentia under this subsection and who, at the time 
        of the notice described in paragraph (1) or (2) of section 
        239(a), was provided oral notice, either in the alien's native 
        language or in another language the alien understands, of the 
        time and place of the proceedings and of the consequences under 
        this paragraph of failing, other than because of exceptional 
        circumstances (as defined in subsection (e)(1)) to attend a 
        proceeding under this section, shall not be eligible for relief 
        under section 240A, 240B, 245, 248, or 249 for a period of 10 
        years after the date of the entry of the final order of 
        removal.
    ``(c) Decision and Burden of Proof.--
            ``(1) Decision.--
                    ``(A) In general.--At the conclusion of the 
                proceeding the immigration judge shall decide whether 
                an alien is removable from the United States. The 
                determination of the immigration judge shall be based 
                only on the evidence produced at the hearing.
                    ``(B) Certain medical decisions.--If a medical 
                officer or civil surgeon or board of medical officers 
                has certified under section 232(b) that an alien has a 
                disease, illness, or addiction which would make the 
                alien inadmissible under paragraph (1) of section 
                212(a), the decision of the immigration judge shall be 
                based solely upon such certification.
            ``(2) Burden on alien.--In the proceeding the alien has the 
        burden of establishing--
                    ``(A) if the alien is an applicant for admission, 
                that the alien is clearly and beyond doubt entitled to 
                be admitted and is not inadmissible under section 212; 
                or
                    ``(B) by clear and convincing evidence, that the 
                alien is lawfully present in the United States pursuant 
                to a prior admission.
        In meeting the burden of proof under subparagraph (B), the 
        alien shall have access to the alien's visa or other entry 
        document, if any, and any other records and documents, not 
        considered by the Attorney General to be confidential, 
        pertaining to the alien's admission or presence in the United 
        States.
            ``(3) Burden on service in cases of deportable aliens.--In 
        the proceeding the Service has the burden of establishing by 
        clear and convincing evidence that, in the case of an alien who 
        has been admitted to the United States, the alien is 
        deportable. No decision on deportability shall be valid unless 
        it is based upon reasonable, substantial, and probative 
        evidence.
            ``(4) Notice.--If the immigration judge decides that the 
        alien is removable and orders the alien to be removed, the 
        judge shall inform the alien of the right to appeal that 
        decision and of the consequences for failure to depart under 
        the order of removal, including civil and criminal penalties.
            ``(5) Motions to reconsider.--
                    ``(A) In general.--The alien may file one motion to 
                reconsider a decision that the alien is removable from 
                the United States.
                    ``(B) Deadline.--The motion must be filed within 30 
                days of the date of entry of a final administrative 
                order of removal.
                    ``(C) Contents.--The motion shall specify the 
                errors of law or fact in the previous order and shall 
                be supported by pertinent authority.
            ``(6) Motions to reopen.--
                    ``(A) In general.--An alien may file one motion to 
                reopen proceedings under this section.
                    ``(B) Contents.--The motion to reopen shall state 
                the new facts that will be proven at a hearing to be 
                held if the motion is granted, and shall be supported 
                by affidavits or other evidentiary material.
                    ``(C) Deadline.--
                            ``(i) In general.--Except as provided in 
                        this subparagraph, the motion to reopen shall 
                        be filed within 90 days of the date of entry of 
                        a final administrative order of removal.
                            ``(ii) Asylum.--There is no time limit on 
                        the filing of a motion to reopen if the basis 
                        of the motion is to apply for relief under 
                        sections 208 or 241(b)(3) and is based on 
                        changed country conditions arising in the 
                        country of nationality or the country to which 
                        removal has been ordered, if such evidence is 
                        material and was not available and would not 
                        have been discovered or presented at the 
                        previous proceeding.
                            ``(iii) Failure to appear.--A motion to 
                        reopen may be filed within 180 days after the 
                        date of the final order of removal if the order 
                        has been entered pursuant to subsection (b)(5) 
                        due to the alien's failure to appear for 
                        proceedings under this section and the alien 
                        establishes that the alien's failure to appear 
                        was because of exceptional circumstances beyond 
                        the control of the alien or because the alien 
                        did not receive the notice required under 
                        section 239(a)(2).
    ``(d) Stipulated Removal.--The Attorney General shall provide by 
regulation for the entry by an immigration judge of an order of removal 
stipulated to by the alien (or the alien's representative) and the 
Service. A stipulated order shall constitute a conclusive determination 
of the alien's removability from the United States.
    ``(e) Definitions.--In this section and section 240A:
            ``(1) Exceptional circumstances.--The term `exceptional 
        circumstances' refers to exceptional circumstances (such as 
        serious illness of the alien or serious illness or death of the 
        spouse, child, or parent of the alien, but not including less 
        compelling circumstances) beyond the control of the alien.
            ``(2) Removable.--The term `removable' means--
                    ``(A) in the case of an alien not admitted to the 
                United States, that the alien is inadmissible under 
                section 212, or
                    ``(B) in the case of an alien admitted to the 
                United States, that the alien is deportable under 
                section 237.

            ``cancellation of removal; adjustment of status

    ``Sec. 240A. (a) Cancellation of Removal for Certain Permanent 
Residents.--The Attorney General may cancel removal in the case of an 
alien who is inadmissible or deportable from the United States if the 
alien--
            ``(1) has been an alien lawfully admitted for permanent 
        residence for not less than 5 years,
            ``(2) has resided in the United States continuously for 7 
        years after having been admitted in any status, and
            ``(3) has not been convicted of an aggravated felony or 
        felonies for which the alien has been sentenced, in the 
        aggregate, to a term of imprisonment of at least 5 years.
    ``(b) Cancellation of Removal and Adjustment of Status for Certain 
Nonpermanent Residents.--
            ``(1) In general.--The Attorney General may cancel removal 
        in the case of an alien who is deportable from the United 
        States if the alien--
                    ``(A) has been physically present in the United 
                States for a continuous period of not less than 7 years 
                immediately preceding the date of such application;
                    ``(B) has been a person of good moral character 
                during such period;
                    ``(C) has not been convicted of an aggravated 
                felony; and
                    ``(D) establishes that removal would result in 
                extreme hardship to the alien or to the alien's spouse, 
                parent, or child, who is a citizen of the United States 
                or an alien lawfully admitted for permanent residence.
            ``(2) Special rule for battered spouse or child.--The 
        Attorney General may cancel removal in the case of an alien who 
        is inadmissible or deportable from the United States if the 
        alien--
                    ``(A) has been battered or subjected to extreme 
                cruelty in the United States by a spouse or parent who 
                is a United States citizen or lawful permanent resident 
                (or is the parent of a child of a United States citizen 
                or lawful permanent resident and the child has been 
                battered or subjected to extreme cruelty in the United 
                States by such citizen or permanent resident parent);
                    ``(B) has been physically present in the United 
                States for a continuous period of not less than 3 years 
                immediately preceding the date of such application;
                    ``(C) has been a person of good moral character 
                during such period;
                    ``(D) is not inadmissible under paragraph (2) or 
                (3) of section 212(a), is not deportable under 
                paragraph (1)(G) or (2) through (4) of section 237(a), 
                and has not been convicted of an aggravated felony; and
                    ``(E) establishes that removal would result in 
                extreme hardship to the alien, the alien's child, or 
                (in the case of an alien who is a child) to the alien's 
                parent.
        In acting on applications under this paragraph, the Attorney 
        General shall consider any credible evidence relevant to the 
        application. The determination of what evidence is credible and 
        the weight to be given that evidence shall be within the sole 
        discretion of the Attorney General.
            ``(3) Adjustment of status.--The Attorney General may 
        adjust to the status of an alien lawfully admitted for 
        permanent residence any alien who the Attorney General 
        determines meets the requirements of paragraph (1) or (2). The 
        number of adjustments under this paragraph shall not exceed 
        4,000 for any fiscal year. The Attorney General shall record 
        the alien's lawful admission for permanent residence as of the 
        date the Attorney General's cancellation of removal under 
        paragraph (1) or (2) or determination under this paragraph.
    ``(c) Aliens Ineligible for Relief.--The provisions of subsections 
(a) and (b)(1) shall not apply to any of the following aliens:
            ``(1) An alien who entered the United States as a crewman 
        subsequent to June 30, 1964.
            ``(2) An alien who was admitted to the United States as a 
        nonimmigrant exchange alien as defined in section 
        101(a)(15)(J), or has acquired the status of such a 
        nonimmigrant exchange alien after admission, in order to 
        receive graduate medical education or training, regardless of 
        whether or not the alien is subject to or has fulfilled the 
        two-year foreign residence requirement of section 212(e).
            ``(3) An alien who--
                    ``(A) was admitted to the United States as a 
                nonimmigrant exchange alien as defined in section 
                101(a)(15)(J) or has acquired the status of such a 
                nonimmigrant exchange alien after admission other than 
                to receive graduate medical education or training,
                    ``(B) is subject to the two-year foreign residence 
                requirement of section 212(e), and
                    ``(C) has not fulfilled that requirement or 
                received a waiver thereof.
            ``(4) An alien who is inadmissible under section 212(a)(3) 
        or deportable under subparagraph (B) or (D) of section 
        237(a)(4).
    ``(d) Special Rules Relating to Continuous Residence or Physical 
Presence.--
            ``(1) Termination of continuous period.--For purposes of 
        this section, any period of continuous residence or continuous 
        physical presence in the United States shall be deemed to end 
        when the alien is served a notice to appear under section 
        239(a).
            ``(2) Treatment of certain breaks in presence.--An alien 
        shall be considered to have failed to maintain continuous 
        physical presence in the United States under subsections (b)(1) 
        and (b)(2) if the alien has departed from the United States for 
        any periods in the aggregate exceeding 180 days, unless the 
        Attorney General finds that return could not be accomplished 
        within that time period due to emergent reasons.
            ``(3) Continuity not required because of honorable service 
        in armed forces and presence upon entry into service.--The 
        requirements of continuous residence or continuous physical 
        presence in the United States under subsections (a) and (b) 
        shall not apply to an alien who--
                    ``(A) has served for a minimum period of 24 months 
                in an active-duty status in the Armed Forces of the 
                United States and, if separated from such service, was 
                separated under honorable conditions, and
                    ``(B) at the time of the alien's enlistment or 
                induction was in the United States.
    ``(e) Annual Limitation.--The Attorney General may not cancel the 
removal and adjust the status under this section, nor suspend the 
deportation and adjust the status under section 244(a) (as in effect 
before the enactment of the Immigration in the National Interest Act of 
1996), of a total of more than 4,000 aliens in any fiscal year. The 
previous sentence shall apply regardless of when an alien applied for 
such cancellation and adjustment and whether such an alien had 
previously applied for suspension of deportation under such section 
244(a).

                         ``voluntary departure

    ``Sec. 240B. (a) Certain Conditions.--
            ``(1) In general.--The Attorney General may permit an alien 
        voluntarily to depart the United States at the alien's own 
        expense under this subsection, in lieu of being subject to 
        proceedings under section 240 or prior to the completion of 
        such proceedings, if the alien is not deportable under section 
        237(a)(2)(A)(iii) or section 237(a)(4)(B).
            ``(2) Period.--Permission to depart voluntarily under this 
        subsection shall not be valid for a period exceeding 120 days.
            ``(3) Bond.--The Attorney General may require an alien 
        permitted to depart voluntarily under this subsection to post a 
        voluntary departure bond, to be surrendered upon proof that the 
        alien has departed the United States within the time specified.
            ``(4) Treatment of aliens arriving in the united states.--
        In the case of an alien who is arriving in the United States 
        and with respect to whom proceedings under section 240 are (or 
        would otherwise be) initiated at the time of such alien's 
        arrival, paragraph (1) shall not apply. Nothing in this 
        paragraph shall be construed as preventing such an alien from 
        withdrawing the application for admission in accordance with 
        section 235(a)(4).
    ``(b) At Conclusion of Proceedings.--
            ``(1) In general.--The Attorney General may permit an alien 
        voluntarily to depart the United States at the alien's own 
        expense if, at the conclusion of a proceeding under section 
        240, the immigration judge enters an order granting voluntary 
        departure in lieu of removal and finds that--
                    ``(A) the alien has been physically present in the 
                United States for a period of at least one year 
                immediately preceding the date the notice to appear was 
                served under section 239(a);
                    ``(B) the alien is, and has been, a person of good 
                moral character for at least 5 years immediately 
                preceding the alien's application for voluntary 
                departure;
                    ``(C) the alien is not deportable under section 
                237(a)(2)(A)(iii) or section 237(a)(4); and
                    ``(D) the alien has established by clear and 
                convincing evidence that the alien has the means to 
                depart the United States and intends to do so.
            ``(2) Period.--Permission to depart voluntarily under this 
        subsection shall not be valid for a period exceeding 60 days.
            ``(3) Bond.--An alien permitted to depart voluntarily under 
        this subsection shall be required to post a voluntary departure 
        bond, in an amount necessary to ensure that the alien will 
        depart, to be surrendered upon proof that the alien has 
        departed the United States within the time specified.
    ``(c) Aliens Not Eligible.--The Attorney General shall not permit 
an alien to depart voluntarily under this section if the alien was 
previously permitted to so depart after having been found inadmissible 
under section 212(a)(9).
    ``(d) Civil Penalty for Failure to Depart.--If an alien is 
permitted to depart voluntarily under this section and fails 
voluntarily to depart the United States within the time period 
specified, the alien shall be subject to a civil penalty of not less 
than $1,000 and not more than $5,000, and be ineligible for a period of 
10 years for any further relief under this section and sections 240A, 
245, 248, and 249.
    ``(e) Additional Conditions.--The Attorney General may by 
regulation limit eligibility for voluntary departure under this section 
for any class or classes of aliens.
    ``(f) Appeals of Denials.--An alien may appeal from denial of a 
request for an order of voluntary departure under subsection (b) in 
accordance with the procedures in section 242. Notwithstanding the 
pendency of such appeal, the alien shall be removable from the United 
States 60 days after entry of the order of removal. The alien's removal 
from the United States shall not moot the appeal.''.
    (b) Repeal of Section 212(c).--Section 212(c) (8 U.S.C. 1182(c)) is 
repealed.

SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED (NEW SECTION 
              241).

    (a) In General.--Title II is further amended--
            (1) by striking section 237 (8 U.S.C. 1227),
            (2) by redesignating section 241 (8 U.S.C. 1251) as section 
        237 and by moving such section to immediately follow section 
        236, and
            (3) by inserting after section 240C (as redesignated by 
        section 304(a)(2)) the following new section:

           ``detention and removal of aliens ordered removed

    ``Sec. 241. (a) Detention, Release, and Removal of Aliens Ordered 
Removed.--
            ``(1) Removal period.--
                    ``(A) In general.--Except as otherwise provided in 
                this section, when an alien is ordered removed, the 
                Attorney General shall remove the alien from the United 
                States within a period of 90 days (in this section 
                referred to as the `removal period').
                    ``(B) Beginning of period.--The removal period 
                begins on the latest of the following:
                            ``(i) The date the order of removal becomes 
                        administratively final.
                            ``(ii) If the removal order is judicially 
                        reviewed and such review serves to stay the 
                        removal of the alien, the date of the court's 
                        final order.
                            ``(iii) If the alien is detained or 
                        confined (except under an immigration process), 
                        the date the alien is released from detention 
                        or confinement.
                    ``(C) Suspension of period.--The removal period 
                shall be extended beyond a period of 90 days and the 
                alien may remain in detention during such extended 
                period if the alien willfully fails or refuses to make 
                timely application in good faith for travel or other 
                documents necessary to the alien's departure or 
                conspires or acts to prevent the alien's removal 
                subject to an order of removal.
            ``(2) Detention and release by the attorney general.--
        During the removal period, the Attorney General shall detain 
        the alien. If there is insufficient detention space to detain 
        the alien, the Attorney General shall make a specific finding 
        to this effect and may release the alien on a bond containing 
        such conditions as the Attorney General may prescribe.
            ``(3) Supervision after 90-day period.--If the alien does 
        not leave or is not removed within the removal period, the 
        alien, pending removal, shall be subject to supervision under 
        regulations prescribed by the Attorney General. The regulations 
        shall include provisions requiring the alien--
                    ``(A) to appear before an immigration officer 
                periodically for identification;
                    ``(B) to submit, if necessary, to a medical and 
                psychiatric examination at the expense of the United 
                States Government;
                    ``(C) to give information under oath about the 
                alien's nationality, circumstances, habits, 
                associations, and activities, and other information the 
                Attorney General considers appropriate; and
                    ``(D) to obey reasonable written restrictions on 
                the alien's conduct or activities that the Attorney 
                General prescribes for the alien.
            ``(4) Aliens imprisoned, arrested, or on parole, supervised 
        release, or probation.--
                    ``(A) In general.--Except as provided in section 
                343(a) of the Public Health Service Act (42 U.S.C. 
                259(a)) and paragraph (2), the Attorney General may not 
                remove an alien who is sentenced to imprisonment until 
                the alien is released from imprisonment. Parole, 
                supervised release, probation, or possibility of arrest 
                or further imprisonment is not a reason to defer 
                removal.
                    ``(B) Exception for removal of nonviolent offenders 
                prior to completion of sentence of imprisonment.--The 
                Attorney General is authorized to remove an alien in 
                accordance with applicable procedures under this Act 
                before the alien has completed a sentence of 
                imprisonment--
                            ``(i) in the case of an alien in the 
                        custody of the Attorney General, if the 
                        Attorney General determines that (I) the alien 
                        is confined pursuant to a final conviction for 
                        a nonviolent offense (other than an offense 
                        related to smuggling or harboring of aliens) 
                        and (II) the removal of the alien is 
                        appropriate and in the best interest of the 
                        United States; or
                            ``(ii) in the case of an alien in the 
                        custody of a State (or a political subdivision 
                        of a State), if the chief State official 
                        exercising authority with respect to the 
                        incarceration of the alien determines that (I) 
                        the alien is confined pursuant to a final 
                        conviction for a nonviolent offense, (II) the 
                        removal is appropriate and in the best interest 
                        of the State, and (III) submits a written 
                        request to the Attorney General that such alien 
                        be so removed.
                    ``(C) Notice.--Any alien removed pursuant to this 
                paragraph shall be notified of the penalties under the 
                laws of the United States relating to the reentry of 
                deported aliens, particularly the expanded penalties 
                for aliens removed under subparagraph (B).
            ``(5) Reinstatement of removal orders against aliens 
        illegally reentering.--If the Attorney General finds that an 
        alien has reentered the United States illegally after having 
        been removed or having departed voluntarily, under an order of 
        removal, the prior order of removal is reinstated from its 
        original date and is not subject to being reopened or reviewed, 
        and the alien shall be removed under the prior order at any 
        time after the reentry.
            ``(6) Inadmissible aliens.--An alien ordered removed who is 
        inadmissible under section 212 may be detained beyond the 
        removal period and, if released, shall be subject to the terms 
        of supervision in paragraph (3).
            ``(7) Employment authorization.--No alien ordered removed 
        shall be eligible to receive authorization to be employed in 
        the United States unless the Attorney General makes a specific 
        finding that--
                    ``(A) the alien cannot be removed due to the 
                refusal of all countries designated by the alien or 
                under this section to receive the alien, or
                    ``(B) the removal of the alien is otherwise 
                impracticable or contrary to the public interest.
    ``(b) Countries to Which Aliens May Be Removed.--
            ``(1) Aliens arriving at the united states.--Subject to 
        paragraph (3)--
                    ``(A) In general.--Except as provided by 
                subparagraphs (B) and (C), an alien who arrives at the 
                United States and with respect to whom proceedings 
                under section 240 were initiated at the time of such 
                alien's arrival shall be removed to the country in 
                which the alien boarded the vessel or aircraft on which 
                the alien arrived in the United States.
                    ``(B) Travel from contiguous territory.--If the 
                alien boarded the vessel or aircraft on which the alien 
                arrived in the United States in a foreign territory 
                contiguous to the United States, an island adjacent to 
                the United States, or an island adjacent to a foreign 
                territory contiguous to the United States, and the 
                alien is not a native, citizen, subject, or national 
                of, or does not reside in, the territory or island, 
                removal shall be to the country in which the alien 
                boarded the vessel that transported the alien to the 
                territory or island.
                    ``(C) Alternative countries.--If the government of 
                the country designated in subparagraph (A) or (B) is 
                unwilling to accept the alien into that country's 
                territory, removal shall be to any of the following 
                countries, as directed by the Attorney General:
                            ``(i) The country of which the alien is a 
                        citizen, subject, or national.
                            ``(ii) The country in which the alien was 
                        born.
                            ``(iii) The country in which the alien has 
                        a residence.
                            ``(iv) A country with a government that 
                        will accept the alien into the country's 
                        territory if removal to each country described 
                        in a previous clause of this subparagraph is 
                        impracticable, inadvisable, or impossible.
            ``(2) Other aliens.--Subject to paragraph (3)--
                    ``(A) Selection of country by alien.--Except as 
                otherwise provided in this paragraph--
                            ``(i) any alien not described in paragraph 
                        (1) who has been ordered removed may designate 
                        one country to which the alien wants to be 
                        removed, and
                            ``(ii) the Attorney General shall remove 
                        the alien to the country the alien so 
                        designates.
                    ``(B) Limitation on designation.--An alien may 
                designate under subparagraph (A)(i) a foreign territory 
                contiguous to the United States, an adjacent island, or 
                an island adjacent to a foreign territory contiguous to 
                the United States as the place to which the alien is to 
                be removed only if the alien is a native, citizen, 
                subject, or national of, or has resided in, that 
                designated territory or island.
                    ``(C) Disregarding designation.--The Attorney 
                General may disregard a designation under subparagraph 
                (A)(i) if--
                            ``(i) the alien fails to designate a 
                        country promptly;
                            ``(ii) the government of the country does 
                        not inform the Attorney General finally, within 
                        30 days after the date the Attorney General 
                        first inquires, whether the government will 
                        accept the alien into the country;
                            ``(iii) the government of the country is 
                        not willing to accept the alien into the 
                        country; or
                            ``(iv) the Attorney General decides that 
                        removing the alien to the country is 
                        prejudicial to the United States.
                    ``(D) Alternative country.--If an alien is not 
                removed to a country designated under subparagraph 
                (A)(i), the Attorney General shall remove the alien to 
                a country of which the alien is a subject, national, or 
                citizen unless the government of the country--
                            ``(i) does not inform the Attorney General 
                        or the alien finally, within 30 days after the 
                        date the Attorney General first inquires or 
                        within another period of time the Attorney 
                        General decides is reasonable, whether the 
                        government will accept the alien into the 
                        country; or
                            ``(ii) is not willing to accept the alien 
                        into the country.
                    ``(E) Additional removal countries.--If an alien is 
                not removed to a country under the previous 
                subparagraphs of this paragraph, the Attorney General 
                shall remove the alien to any of the following 
                countries:
                            ``(i) The country from which the alien was 
                        admitted to the United States.
                            ``(ii) The country in which is located the 
                        foreign port from which the alien left for the 
                        United States or for a foreign territory 
                        contiguous to the United States.
                            ``(iii) A country in which the alien 
                        resided before the alien entered the country 
                        from which the alien entered the United States.
                            ``(iv) The country in which the alien was 
                        born.
                            ``(v) The country that had sovereignty over 
                        the alien's birthplace when the alien was born.
                            ``(vi) The country in which the alien's 
                        birthplace is located when the alien is ordered 
                        removed.
                            ``(vii) If impracticable, inadvisable, or 
                        impossible to remove the alien to each country 
                        described in a previous clause of this 
                        subparagraph, another country whose government 
                        will accept the alien into that country.
                    ``(F) Removal country when united states is at 
                war.--When the United States is at war and the Attorney 
                General decides that it is impracticable, inadvisable, 
                inconvenient, or impossible to remove an alien under 
                this subsection because of the war, the Attorney 
                General may remove the alien--
                            ``(i) to the country that is host to a 
                        government in exile of the country of which the 
                        alien is a citizen or subject if the government 
                        of the host country will permit the alien's 
                        entry; or
                            ``(ii) if the recognized government of the 
                        country of which the alien is a citizen or 
                        subject is not in exile, to a country, or a 
                        political or territorial subdivision of a 
                        country, that is very near the country of which 
                        the alien is a citizen or subject, or, with the 
                        consent of the government of the country of 
                        which the alien is a citizen or subject, to 
                        another country.
            ``(3) Restriction on removal to a country where alien's 
        life or freedom would be threatened.--
                    ``(A) In general.--Notwithstanding paragraphs (1) 
                and (2), the Attorney General may not remove an alien 
                to a country if the Attorney General decides that the 
                alien's life or freedom would be threatened in that 
                country because of the alien's race, religion, 
                nationality, membership in a particular social group, 
                or political opinion.
                    ``(B) Exception.--Subparagraph (A) does not apply 
                to an alien deportable under section 237(a)(4)(D) or if 
                the Attorney General decides that--
                            ``(i) the alien ordered, incited, assisted, 
                        or otherwise participated in the persecution of 
                        an individual because of the individual's race, 
                        religion, nationality, membership in a 
                        particular social group, or political opinion;
                            ``(ii) the alien, having been convicted by 
                        a final judgment of a particularly serious 
                        crime is a danger to the community of the 
                        United States;
                            ``(iii) there are serious reasons to 
                        believe that the alien committed a serious 
                        nonpolitical crime outside the United States 
                        before the alien arrived in the United States; 
                        or
                            ``(iv) there are reasonable grounds to 
                        believe that the alien is a danger to the 
                        security of the United States.
                For purposes of clause (ii), an alien who has been 
                convicted of an aggravated felony (or felonies) for 
                which the alien has been sentenced to an aggregate term 
                of imprisonment of at least 5 years shall be considered 
                to have committed a particularly serious crime. For 
                purposes of clause (iv), an alien who is described in 
                section 237(a)(4)(B) shall be considered to be an alien 
                with respect to whom there are reasonable grounds for 
                regarding as a danger to the security of the United 
                States.
    ``(c) Removal of Aliens Arriving at Port of Entry.--
            ``(1) Vessels and aircraft.--An alien arriving at a port of 
        entry of the United States who is ordered removed either 
        without a hearing under section 235(a)(1) or 235(c) or pursuant 
        to proceedings under section 240 initiated at the time of such 
        alien's arrival shall be removed immediately on a vessel or 
        aircraft owned by the owner of the vessel or aircraft on which 
        the alien arrived in the United States, unless--
                    ``(A) it is impracticable to remove the alien on 
                one of those vessels or aircraft within a reasonable 
                time, or
                    ``(B) the alien is a stowaway--
                            ``(i) who has been ordered removed in 
                        accordance with section 235(a)(1),
                            ``(ii) who has requested asylum, and
                            ``(iii) whose application has not been 
                        adjudicated or whose asylum application has 
                        been denied but who has not exhausted all 
                        appeal rights.
            ``(2) Stay of removal.--
                    ``(A) In general.--The Attorney General may stay 
                the removal of an alien under this subsection if the 
                Attorney General decides that--
                            ``(i) immediate removal is not practicable 
                        or proper; or
                            ``(ii) the alien is needed to testify in 
                        the prosecution of a person for a violation of 
                        a law of the United States or of any State.
                    ``(B) Payment of detention costs.--During the 
                period an alien is detained because of a stay of 
                removal under subparagraph (A)(ii), the Attorney 
                General may pay from the appropriation `Immigration and 
                Naturalization Service--Salaries and Expenses'--
                            ``(i) the cost of maintenance of the alien; 
                        and
                            ``(ii) a witness fee of $1 a day.
                    ``(C) Release during stay.--The Attorney General 
                may release an alien whose removal is stayed under 
                subparagraph (A)(ii) on--
                            ``(i) the alien's filing a bond of at least 
                        $500 with security approved by the Attorney 
                        General;
                            ``(ii) condition that the alien appear when 
                        required as a witness and for removal; and
                            ``(iii) other conditions the Attorney 
                        General may prescribe.
            ``(3) Costs of detention and maintenance pending removal.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and subsection (d), an owner of a 
                vessel or aircraft bringing an alien to the United 
                States shall pay the costs of detaining and maintaining 
                the alien--
                            ``(i) while the alien is detained under 
                        subsection (d)(1), and
                            ``(ii) in the case of an alien who is a 
                        stowaway, while the alien is being detained 
                        pursuant to--
                                    ``(I) subsection (d)(2)(A) or 
                                (d)(2)(B)(i),
                                    ``(II) subsection (d)(2)(B)(ii) or 
                                (iii) for the period of time reasonably 
                                necessary for the owner to arrange for 
                                repatriation or removal of the 
                                stowaway, including obtaining necessary 
                                travel documents, but not to extend 
                                beyond the date on which it is 
                                ascertained that such travel documents 
                                cannot be obtained from the country to 
                                which the stowaway is to be returned, 
                                or
                                    ``(III) section 235(b)(1)(B)(ii), 
                                for a period not to exceed 15 days 
                                (excluding Saturdays, Sundays, and 
                                holidays) commencing on the first such 
                                day which begins on the earlier of 72 
                                hours after the time of the initial 
                                presentation of the stowaway for 
                                inspection or at the time the stowaway 
                                is determined to have a credible fear 
                                of persecution.
                    ``(B) Nonapplication.--Subparagraph (A) shall not 
                apply if--
                            ``(i) the alien is a crewmember;
                            ``(ii) the alien has an immigrant visa;
                            ``(iii) the alien has a nonimmigrant visa 
                        or other documentation authorizing the alien to 
                        apply for temporary admission to the United 
                        States and applies for admission not later than 
                        120 days after the date the visa or 
                        documentation was issued;
                            ``(iv) the alien has a reentry permit and 
                        applies for admission not later than 120 days 
                        after the date of the alien's last inspection 
                        and admission;
                            ``(v)(I) the alien has a nonimmigrant visa 
                        or other documentation authorizing the alien to 
                        apply for temporary admission to the United 
                        States or a reentry permit;
                            ``(II) the alien applies for admission more 
                        than 120 days after the date the visa or 
                        documentation was issued or after the date of 
                        the last inspection and admission under the 
                        reentry permit; and
                            ``(III) the owner of the vessel or aircraft 
                        satisfies the Attorney General that the 
                        existence of the condition relating to 
                        inadmissibility could not have been discovered 
                        by exercising reasonable care before the alien 
                        boarded the vessel or aircraft; or
                            ``(vi) the individual claims to be a 
                        national of the United States and has a United 
                        States passport.
     ``(d) Requirements of Persons Providing Transportation.--
            ``(1) Removal at time of arrival.--An owner, agent, master, 
        commanding officer, person in charge, purser, or consignee of a 
        vessel or aircraft bringing an alien (except an alien 
        crewmember) to the United States shall--
                    ``(A) receive an alien back on the vessel or 
                aircraft or another vessel or aircraft owned or 
                operated by the same interests if the alien is ordered 
                removed under this part; and
                    ``(B) take the alien to the foreign country to 
                which the alien is ordered removed.
            ``(2) Alien stowaways.--An owner, agent, master, commanding 
        officer, charterer, or consignee of a vessel or aircraft 
        arriving in the United States with an alien stowaway--
                    ``(A) shall detain the alien on board the vessel or 
                aircraft, or at such place as the Attorney General 
                shall designate, until completion of the inspection of 
                the alien by an immigration officer;
                    ``(B) may not permit the stowaway to land in the 
                United States, except pursuant to regulations of the 
                Attorney General temporarily--
                            ``(i) for medical treatment,
                            ``(ii) for detention of the stowaway by the 
                        Attorney General, or
                            ``(iii) for departure or removal of the 
                        stowaway; and
                    ``(C) if ordered by an immigration officer, shall 
                remove the stowaway on the vessel or aircraft or on 
                another vessel or aircraft.
        The Attorney General shall grant a timely request to remove the 
        stowaway under subparagraph (C) on a vessel or aircraft other 
        than that on which the stowaway arrived if the requester has 
        obtained any travel documents necessary for departure or 
        repatriation of the stowaway and removal of the stowaway will 
        not be unreasonably delayed.
            ``(3) Removal upon order.--An owner, agent, master, 
        commanding officer, person in charge, purser, or consignee of a 
        vessel, aircraft, or other transportation line shall comply 
        with an order of the Attorney General to take on board, guard 
        safely, and transport to the destination specified any alien 
        ordered to be removed under this Act.
    ``(e) Payment of Expenses of Removal.--
            ``(1) Costs of removal at time of arrival.--In the case of 
        an alien who is a stowaway or who is ordered removed either 
        without a hearing under section 235(a)(1) or 235(c) or pursuant 
        to proceedings under section 240 initiated at the time of such 
        alien's arrival, the owner of the vessel or aircraft (if any) 
        on which the alien arrived in the United States shall pay the 
        transportation cost of removing the alien. If removal is on a 
        vessel or aircraft not owned by the owner of the vessel or 
        aircraft on which the alien arrived in the United States, the 
        Attorney General may--
                    ``(A) pay the cost from the appropriation 
                `Immigration and Naturalization Service--Salaries and 
                Expenses'; and
                    ``(B) recover the amount of the cost in a civil 
                action from the owner, agent, or consignee of the 
                vessel or aircraft (if any) on which the alien arrived 
                in the United States.
            ``(2) Costs of removal to port of removal for aliens 
        admitted or permitted to land.--In the case of an alien who has 
        been admitted or permitted to land and is ordered removed, the 
        cost (if any) of removal of the alien to the port of removal 
        shall be at the expense of the appropriation for the 
        enforcement of this Act.
            ``(3) Costs of removal from port of removal for aliens 
        admitted or permitted to land.--
                    ``(A) Through appropriation.--Except as provided in 
                subparagraph (B), in the case of an alien who has been 
                admitted or permitted to land and is ordered removed, 
                the cost (if any) of removal of the alien from the port 
                of removal shall be at the expense of the appropriation 
                for the enforcement of this Act.
                    ``(B) Through owner.--
                            ``(i) In general.--In the case of an alien 
                        described in clause (ii), the cost of removal 
                        of the alien from the port of removal may be 
                        charged to any owner of the vessel, aircraft, 
                        or other transportation line by which the alien 
                        came to the United States.
                            ``(ii) Aliens described.--An alien 
                        described in this clause is an alien who--
                                    ``(I) is admitted to the United 
                                States (other than lawfully admitted 
                                for permanent residence) and is ordered 
                                removed within 5 years of the date of 
                                admission based on a ground that 
                                existed before or at the time of 
                                admission, or
                                    ``(II) is an alien crewman 
                                permitted to land temporarily under 
                                section 252 and is ordered removed 
                                within 5 years of the date of landing.
                    ``(C) Costs of removal of certain aliens granted 
                voluntary departure.--In the case of an alien who has 
                been granted voluntary departure under section 240B and 
                who is financially unable to depart at the alien's own 
                expense and whose removal the Attorney General deems to 
                be in the best interest of the United States, the 
                expense of such removal may be paid from the 
                appropriation for the enforcement of this Act.
    ``(f) Aliens Requiring Personal Care During Removal.--
            ``(1) In general.--If the Attorney General believes that an 
        alien being removed requires personal care because of the 
        alien's mental or physical condition, the Attorney General may 
        employ a suitable person for that purpose who shall accompany 
        and care for the alien until the alien arrives at the final 
        destination.
            ``(2) Costs.--The costs of providing the service described 
        in paragraph (1) shall be defrayed in the same manner as the 
        expense of removing the accompanied alien is defrayed under 
        this section.
    ``(g) Places of Detention.--
            ``(1) In general.--The Attorney General shall arrange for 
        appropriate places of detention for aliens detained pending 
        removal or a decision on removal. When United States Government 
        facilities are unavailable or facilities adapted or suitably 
        located for detention are unavailable for rental, the Attorney 
        General may expend from the appropriation `Immigration and 
        Naturalization Service--Salaries and Expenses', without regard 
        to section 3709 of the Revised Statutes (41 U.S.C. 5), amounts 
        necessary to acquire land and to acquire, build, remodel, 
        repair, and operate facilities (including living quarters for 
        immigration officers if not otherwise available) necessary for 
        detention.
            ``(2) Detention facilities of the immigration and 
        naturalization service.--Prior to initiating any project for 
        the construction of any new detention facility for the Service, 
        the Commissioner shall consider the availability for purchase 
        or lease of any existing prison, jail, detention center, or 
        other comparable facility suitable for such use.
    ``(h) Statutory Construction.--Nothing in this section shall be 
construed to create any substantive or procedural right or benefit that 
is legally enforceable by any party against the United States or its 
agencies or officers or any other person.''.
    (b) Modification of Authority.--
            (1) Section 241(i), as redesignated by section 306(a)(1), 
        is amended--
                    (A) in paragraph (3)(A) by striking ``felony and 
                sentenced to a term of imprisonment'' and inserting 
                ``felony or two or more misdemeanors'', and
                    (B) by adding at the end the following new 
                paragraph:
            ``(6) In this subsection, the term `incarceration' includes 
        imprisonment in a State or local prison or jail the time of 
        which is counted towards completion of a sentence or the 
        detention of an alien previously convicted of a felony or 
        misdemeanor who has been arrested and is being held pending 
        judicial action on new charges or pending transfer to Federal 
        custody.''.
            (2) The amendments made by paragraph (1) shall apply 
        beginning with fiscal year 1996.
    (c) Reentry of Alien Removed Prior to Completion of Term of 
Imprisonment.--Section 276(b) (8 U.S.C. 1326(b)), as amended by section 
321(b), is amended--
            (1) by striking ``or'' at the end of paragraph (2),
            (2) by adding ``or'' at the end of paragraph (3), and
            (3) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) who was removed from the United States pursuant to 
        section 241(a)(4)(B) who thereafter, without the permission of 
        the Attorney General, enters, attempts to enter, or is at any 
        time found in, the United States (unless the Attorney General 
        has expressly consented to such alien's reentry) shall be fined 
        under title 18, United States Code, imprisoned for not more 
        than 10 years, or both.
    (d) Miscellaneous Conforming Amendment.--Section 212(a)(4) (8 
U.S.C. 1182(a)(4)), as amended by section 621(a), is amended by 
striking ``241(a)(5)(B)'' each place it appears and inserting 
``237(a)(5)(B)''.

SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SECTION 242).

    (a) In General.--Section 242 (8 U.S.C. 1252) is amended--
            (1) by redesignating subsection (j) as subsection (i) and 
        by moving such subsection and adding it at the end of section 
        241, as inserted by section 305(a)(3); and
            (2) by amending the remainder of section 242 to read as 
        follows:

                 ``judicial review of orders of removal

    ``Sec. 242. (a) Applicable Provisions.--
            ``(1) General orders of removal.--Judicial review of a 
        final order of removal (other than an order of removal without 
        a hearing pursuant to section 235(b)(1)) is governed only by 
        chapter 158 of title 28 of the United States Code, except as 
        provided in subsection (b) and except that the court may not 
        order the taking of additional evidence under section 2347(c) 
        of such title.
            ``(2) Limitations on review relating to section 
        235(b)(1).--Notwithstanding any other provision of law, no 
        court shall have jurisdiction to review--
                    ``(A) except as provided in subsection (f), any 
                individual determination or to entertain any other 
                cause or claim arising from or relating to the 
                implementation or operation of an order of removal 
                pursuant to section 235(b)(1),
                    ``(B) a decision by the Attorney General to invoke 
                the provisions of such section,
                    ``(C) the application of such section to individual 
                aliens, including the determination made under section 
                235(b)(1)(B), or
                    ``(D) procedures and policies adopted by the 
                Attorney General to implement the provisions of section 
                235(b)(1).
            ``(3) Treatment of certain decisions.--No alien shall have 
        a right to appeal from a decision of an immigration judge which 
        is based solely on a certification described in section 
        240(c)(1)(B).
    ``(b) Requirements for Orders of Removal.--With respect to review 
of an order of removal under subsection (a)(1), the following 
requirements apply:
            ``(1) Deadline.--The petition for review must be filed not 
        later than 30 days after the date of the final order of 
        removal.
            ``(2) Venue and forms.--The petition for review shall be 
        filed with the court of appeals for the judicial circuit in 
        which the immigration judge completed the proceedings. The 
        record and briefs do not have to be printed. The court of 
        appeals shall review the proceeding on a typewritten record and 
        on typewritten briefs.
            ``(3) Service.--
                    ``(A) In general.--The respondent is the Attorney 
                General. The petition shall be served on the Attorney 
                General and on the officer or employee of the Service 
                in charge of the Service district in which the initial 
                proceedings under section 240 were conducted.
                    ``(B) Stay of order.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), service of the petition on the 
                        officer or employee stays the removal of an 
                        alien pending the court's decision on the 
                        petition, unless the court orders otherwise.
                            ``(ii) Exception.--If the alien has been 
                        convicted of an aggravated felony, or the alien 
                        has been ordered removed pursuant to a finding 
                        that the alien is inadmissible under section 
                        212, service of the petition does not stay the 
                        removal unless the court orders otherwise.
            ``(4) Decision.--Except as provided in paragraph (5)(B)--
                    ``(A) the court of appeals shall decide the 
                petition only on the administrative record on which the 
                order of removal is based,
                    ``(B) the administrative findings of fact are 
                conclusive if supported by reasonable, substantial, and 
                probative evidence on the record considered as a whole, 
                and
                    ``(C) a decision that an alien is not eligible for 
                admission to the United States is conclusive unless 
                manifestly contrary to law.
            ``(5) Treatment of nationality claims.--
                    ``(A) Court determination if no issue of fact.--If 
                the petitioner claims to be a national of the United 
                States and the court of appeals finds from the 
                pleadings and affidavits that no genuine issue of 
                material fact about the petitioner's nationality is 
presented, the court shall decide the nationality claim.
                    ``(B) Transfer if issue of fact.--If the petitioner 
                claims to be a national of the United States and the 
                court of appeals finds that a genuine issue of material 
                fact about the petitioner's nationality is presented, 
                the court shall transfer the proceeding to the district 
                court of the United States for the judicial district in 
                which the petitioner resides for a new hearing on the 
                nationality claim and a decision on that claim as if an 
                action had been brought in the district court under 
                section 2201 of title 28, United States Code.
                    ``(C) Limitation on determination.--The petitioner 
                may have such nationality claim decided only as 
                provided in this paragraph.
            ``(6) Consolidation with review of motions to reopen or 
        reconsider.--When a petitioner seeks review of an order under 
        this section, any review sought of a motion to reopen or 
        reconsider the order shall be consolidated with the review of 
        the order.
            ``(7) Challenge to validity of orders in certain criminal 
        proceedings.--
                    ``(A) In general.--If the validity of an order of 
                removal has not been judicially decided, a defendant in 
                a criminal proceeding charged with violating section 
                243(a) may challenge the validity of the order in the 
                criminal proceeding only by filing a separate motion 
                before trial. The district court, without a jury, shall 
                decide the motion before trial.
                    ``(B) Claims of united states nationality.--If the 
                defendant claims in the motion to be a national of the 
                United States and the district court finds that--
                            ``(i) no genuine issue of material fact 
                        about the defendant's nationality is presented, 
                        the court shall decide the motion only on the 
                        administrative record on which the removal 
                        order is based and the administrative findings 
                        of fact are conclusive if supported by 
                        reasonable, substantial, and probative evidence 
                        on the record considered as a whole; or
                            ``(ii) a genuine issue of material fact 
                        about the defendant's nationality is presented, 
                        the court shall hold a new hearing on the 
                        nationality claim and decide that claim as if 
                        an action had been brought under section 2201 
                        of title 28, United States Code.
                The defendant may have such nationality claim decided 
                only as provided in this subparagraph.
                    ``(C) Consequence of invalidation.--If the district 
                court rules that the removal order is invalid, the 
                court shall dismiss the indictment for violation of 
                section 243(a). The United States Government may appeal 
                the dismissal to the court of appeals for the 
                appropriate circuit within 30 days after the date of 
                the dismissal.
                    ``(D) Limitation on filing petitions for review.--
                The defendant in a criminal proceeding under section 
                243(a) may not file a petition for review under 
                subsection (a) during the criminal proceeding.
            ``(8) Construction.--This subsection--
                    ``(A) does not prevent the Attorney General, after 
                a final order of removal has been issued, from 
                detaining the alien under section 241(a);
                    ``(B) does not relieve the alien from complying 
                with section 241(a)(4) and section 243(g); and
                    ``(C) except as provided in paragraph (3), does not 
                require the Attorney General to defer removal of the 
                alien.
    ``(c) Requirements for Petition.--A petition for review or for 
habeas corpus of an order of removal shall state whether a court has 
upheld the validity of the order, and, if so, shall state the name of 
the court, the date of the court's ruling, and the kind of proceeding.
    ``(d) Review of Final Orders.--A court may review a final order of 
removal only if--
            ``(1) the alien has exhausted all administrative remedies 
        available to the alien as of right, and
            ``(2) another court has not decided the validity of the 
        order, unless the reviewing court finds that the petition 
        presents grounds that could not have been presented in the 
        prior judicial proceeding or that the remedy provided by the 
        prior proceeding was inadequate or ineffective to test the 
        validity of the order.
    ``(e) Limited Review for Non-Permanent Residents Convicted of 
Aggravated Felonies.--
            ``(1) In general.--A petition for review filed by an alien 
        against whom a final order of removal has been issued under 
        section 238 may challenge only whether--
                    ``(A) the alien is the alien described in the 
                order,
                    ``(B) the alien is an alien described in section 
                238(b)(2) and has been convicted after entry into the 
                United States of an aggravated felony, and
                    ``(C) proceedings against the alien complied with 
                section 238(b)(4).
            ``(2) Limited jurisdiction.--A court reviewing the petition 
        has jurisdiction only to review the issues described in 
        paragraph (1).
    ``(f) Judicial Review of Orders Under Section 235(b)(1).--
            ``(1) Application.--The provisions of this subsection apply 
        with respect to judicial review of orders of removal effected 
        under section 235(b)(1).
            ``(2) Limitations on relief.--Regardless of the nature of 
        the action or claim and regardless of the identity of the party 
        or parties bringing the action, no court shall have 
        jurisdiction or authority to enter declaratory, injunctive, or 
        other equitable relief not specifically authorized in this 
        subsection, or to certify a class under Rule 23 of the Federal 
        Rules of Civil Procedure.
            ``(3) Limitation to habeas corpus.--Judicial review of any 
        matter, cause, claim, or individual determination made or 
        arising under or pertaining to section 235(b)(1) shall only be 
        available in habeas corpus proceedings, and shall be limited to 
        determinations of--
                    ``(A) whether the petitioner is an alien,
                    ``(B) whether the petitioner was ordered removed 
                under such section, and
                    ``(C) whether the petitioner can prove by a 
                preponderance of the evidence that the petitioner is an 
                alien lawfully admitted for permanent residence and is 
                entitled to such further inquiry as prescribed by the 
                Attorney General pursuant to section 235(b)(1)(C).
            ``(4) Decision.--In any case where the court determines 
        that the petitioner--
                    ``(A) is an alien who was not ordered removed under 
                section 235(b)(1), or
                    ``(B) has demonstrated by a preponderance of the 
                evidence that the alien is a lawful permanent resident,
        the court may order no remedy or relief other than to require 
        that the petitioner be provided a hearing in accordance with 
        section 240. Any alien who is provided a hearing under section 
        240 pursuant to this paragraph may thereafter obtain judicial 
        review of any resulting final order of removal pursuant to 
        subsection (a)(1).
            ``(5) Scope of inquiry.--In determining whether an alien 
        has been ordered removed under section 235(b)(1), the court's 
        inquiry shall be limited to whether such an order in fact was 
        issued and whether it relates to the petitioner. There shall be 
        no review of whether the alien is actually inadmissible or 
        entitled to any relief from removal.
    ``(g) Limit on Injunctive Relief.--Regardless of the nature of the 
action or claim or of the identity of the party or parties bringing the 
action, no court (other than the Supreme Court) shall have jurisdiction 
or authority to enjoin or restrain the operation of the provisions of 
chapter 4 of title II, as amended by the Immigration in the National 
Interest Act of 1996, other than with respect to the application of 
such provisions to an individual alien against whom proceedings under 
such chapter have been initiated.''.
    (b) Repeal of Section 106.--Section 106 (8 U.S.C. 1105a) is 
repealed.
    (c) Treatment of Political Subdivisions.--Effective as of the date 
of the enactment of this Act, section 242(j), before being redesignated 
and moved under subsection (a)(1), is amended by adding at the end the 
following new paragraph:
            ``(6) For purposes of this subsection, the term `political 
        subdivision' includes a county, city, municipality, or other 
        similar subdivision recognized under State law.''.

SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED SECTION 243).

    (a) In General.--Section 243 (8 U.S.C. 1253) is amended to read as 
follows:

                     ``penalties related to removal

    ``Sec. 243. (a) Penalty for Failure to Depart.--
            ``(1) In general.--Any alien against whom a final order of 
        removal is outstanding by reason of being a member of any of 
        the classes described in section 237(a), who--
                    ``(A) willfully fails or refuses to depart from the 
                United States within a period of 90 days from the date 
                of the final order of removal under administrative 
                processes, or if judicial review is had, then from the 
                date of the final order of the court,
                    ``(B) willfully fails or refuses to make timely 
                application in good faith for travel or other documents 
                necessary to the alien's departure,
                    ``(C) connives or conspires, or takes any other 
                action, designed to prevent or hamper or with the 
                purpose of preventing or hampering the alien's 
                departure pursuant to such, or
                    ``(D) willfully fails or refuses to present himself 
                or herself for removal at the time and place required 
                by the Attorney General pursuant to such order,
        shall be fined under title 18, United States Code, or 
        imprisoned not more than four years (or 10 years if the alien 
        is a member of any of the classes described in paragraph 
        (1)(E), (2), (3), or (4) of section 237(a)), or both.
            ``(2) Exception.--It is not a violation of paragraph (1) to 
        take any proper steps for the purpose of securing cancellation 
        of or exemption from such order of removal or for the purpose 
        of securing the alien's release from incarceration or custody.
            ``(3) Suspension.--The court may for good cause suspend the 
        sentence of an alien under this subsection and order the 
        alien's release under such conditions as the court may 
        prescribe. In determining whether good cause has been shown to 
        justify releasing the alien, the court shall take into account 
        such factors as--
                    ``(A) the age, health, and period of detention of 
                the alien;
                    ``(B) the effect of the alien's release upon the 
                national security and public peace or safety;
                    ``(C) the likelihood of the alien's resuming or 
                following a course of conduct which made or would make 
                the alien deportable;
                    ``(D) the character of the efforts made by such 
                alien himself and by representatives of the country or 
                countries to which the alien's removal is directed to 
                expedite the alien's departure from the United States;
                    ``(E) the reason for the inability of the 
                Government of the United States to secure passports, 
                other travel documents, or removal facilities from the 
                country or countries to which the alien has been 
                ordered removed; and
                    ``(F) the eligibility of the alien for 
                discretionary relief under the immigration laws.
    ``(b) Willful Failure to Comply with Terms of Release Under 
Supervision.--An alien who shall willfully fail to comply with 
regulations or requirements issued pursuant to section 241(a)(3) or 
knowingly give false information in response to an inquiry under such 
section shall be fined not more than $1,000 or imprisoned for not more 
than one year, or both.
    ``(c) Penalties Relating to Vessels and Aircraft.--
            ``(1) Civil penalties.--
                    ``(A) Failure to carry out certain orders.--If the 
                Attorney General is satisfied that a person has 
                violated subsection (d) or (e) of section 241, the 
                person shall pay to the Commissioner the sum of $2,000 
                for each violation.
                    ``(B) Failure to remove alien stowaways.--If the 
                Attorney General is satisfied that a person has failed 
                to remove an alien stowaway as required under section 
                241(d)(2), the person shall pay to the Commissioner the 
                sum of $5,000 for each alien stowaway not removed.
                    ``(C) No compromise.--The Attorney General may not 
                compromise the amount of such penalty under this 
                paragraph.
            ``(2) Clearing vessels and aircraft.--
                    ``(A) Clearance before decision on liability.--A 
                vessel or aircraft may be granted clearance before a 
                decision on liability is made under paragraph (1) only 
                if a bond approved by the Attorney General or an amount 
                sufficient to pay the civil penalty is deposited with 
                the Commissioner.
                    ``(B) Prohibition on clearance while penalty 
                unpaid.--A vessel or aircraft may not be granted 
                clearance if a civil penalty imposed under paragraph 
                (1) is not paid.
    ``(d) Discontinuing Granting Visas to Nationals of Country Denying 
or Delaying Accepting Alien.--On being notified by the Attorney General 
that the government of a foreign country denies or unreasonably delays 
accepting an alien who is a citizen, subject, national, or resident of 
that country after the Attorney General asks whether the government 
will accept the alien under this section, the Secretary of State shall 
order consular officers in that foreign country to discontinue granting 
immigrant visas or nonimmigrant visas, or both, to citizens, subjects, 
nationals, and residents of that country until the Attorney General 
notifies the Secretary that the country has accepted the alien.''.

SEC. 308. REDESIGNATION AND REORGANIZATION OF OTHER PROVISIONS; 
              ADDITIONAL CONFORMING AMENDMENTS.

    (a) Conforming Amendment to Table of Contents; Overview of 
Reorganized Chapters.--The table of contents, as amended by section 
851(d)(1), is amended--
            (1) by striking the item relating to section 106, and
            (2) by striking the item relating to chapter 4 of title II 
        and all that follows through the item relating to section 244A 
        and inserting the following:
  ``chapter 4--inspection, apprehension, examination, exclusion, and 
                                removal
``Sec. 231. Lists of alien and citizen passengers arriving or 
                            departing; record of resident aliens and 
                            citizens leaving permanently for foreign 
                            country.
``Sec. 232. Detention of aliens for physical and mental examination.
``Sec. 233. Entry through or from foreign territory and adjacent 
                            islands; landing stations.
``Sec. 234. Designation of ports of entry for aliens arriving by civil 
                            aircraft.
``Sec. 235. Inspection by immigration officers; expedited removal of 
                            inadmissible arriving aliens; referral for 
                            hearing.
``Sec. 236. Apprehension and detention of aliens not lawfully in the 
                            United States.
``Sec. 237. General classes of deportable aliens.
``Sec. 238. Expedited removal of aliens convicted of committing 
                            aggravated felonies.
``Sec. 239. Initiation of removal proceedings.
``Sec. 240. Removal proceedings.
``Sec. 240A. Cancellation of removal; adjustment of status.
``Sec. 240B. Voluntary departure.
``Sec. 240C. Records of admission.
``Sec. 241. Detention and removal of aliens ordered removed.
``Sec. 242. Judicial review of orders of removal.
``Sec. 243. Penalties relating to removal.
``Sec. 244. ``chapter 5--adjustment and change of status''.
    (b) Reorganization of Other Provisions.--Chapters 4 and 5 of title 
II are amended as follows:
            (1) Amending chapter heading.--Amend the heading for 
        chapter 4 of title II to read as follows:

  ``Chapter 4--Inspection, Apprehension, Examination, Exclusion, and 
                               Removal''.

            (2) Redesignating section 232 as section 232(a).--Amend 
        section 232 (8 U.S.C. 1222)--
                    (A) by inserting ``(a) Detention of Aliens.--'' 
                after ``Sec. 232.'', and
                    (B) by amending the section heading to read as 
                follows:

      ``detention of aliens for physical and mental examination''.

            (3) Redesignating section 234 as section 232(b).--Amend 
        section 234 (8 U.S.C. 1224)--
                    (A) by striking the heading,
                    (B) by striking ``Sec. 234.'' and inserting the 
                following: ``(b) Physical and Mental Examination.--'', 
                and
                    (C) by moving such provision to the end of section 
                232.
            (4) Redesignating section 238 as section 233.--Redesignate 
        section 238 (8 U.S.C. 1228) as section 233 and move the section 
        to immediately follow section 232.
            (5) Redesignating section 242a as section 238.--Redesignate 
        section 242A as section 238, strike ``deportation'' in its 
        heading and insert ``removal'', and move the section to 
        immediately follow section 237 (as redesignated by section 
        305(a)(2)).
            (6) Striking section 242b.--Strike section 242B (8 U.S.C. 
        1252b).
            (7) Striking section 244 and redesignating section 244a as 
        section 244.--Strike section 244 (8 U.S.C. 1254) and 
        redesignate section 244A as section 244.
            (8) Amending chapter heading.--Amend the heading for 
        chapter 5 of title II to read as follows:

            ``Chapter 5--Adjustment and Change of Status''.

    (c) Additional Conforming Amendments.--
            (1) Expedited procedures for aggravated felons (former 
        section 242a).--Section 238 (which, previous to redesignation 
        under section 308(b)(5), was section 242A) is amended--
                    (A) in subsection (a)(1), by striking ``section 
                242'' and inserting ``section 240'';
                    (B) in subsection (a)(2), by striking ``section 
                242(a)(2)'' and inserting ``section 236(c)''; and
                    (C) in subsection (b)(1), by striking ``section 
                241(a)(2)(A)(iii)'' and inserting ``section 
                237(a)(2)(A)(iii)''.
            (2) Treatment of certain helpless aliens.--
                    (A) Certification of helpless aliens.--Section 232 
                (8 U.S.C. 1222), as amended by section 308(b)(2), is 
                further amended by adding at the end the following new 
                subsection:
    ``(c) Certification of Certain Helpless Aliens.--If an examining 
medical officer determines that an alien arriving in the United States 
is inadmissible, is helpless from sickness, mental or physical 
disability, or infancy, and is accompanied by another alien whose 
protection or guardianship may be required, the officer may certify 
such fact for purposes of applying section 212(a)(10)(B) with respect 
to the other alien.''.
                    (B) Ground of inadmissibility for protection and 
                guardianship of aliens denied admission for health or 
                infancy.--Subparagraph (B) of section 212(a)(10) (8 
                U.S.C. 1182(a)(10)), as redesignated by section 
                301(a)(1), is amended to read as follows:
                    ``(B) Guardian required to accompany helpless 
                alien.--Any alien--
                            ``(i) who is accompanying another alien who 
                        is inadmissible and who is certified to be 
                        helpless from sickness, mental or physical 
                        disability, or infancy pursuant to section 
                        232(c), and
                            ``(ii) whose protection or guardianship is 
                        determined to be required by the alien 
                        described in clause (i),
                is inadmissible.''.
            (3) Contingent consideration in relation to removal of 
        aliens.--Section 273(a) (8 U.S.C. 1323(a)) is amended--
                    (A) by inserting ``(1)'' after ``(a)'', and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) It is unlawful for an owner, agent, master, commanding 
officer, person in charge, purser, or consignee of a vessel or aircraft 
who is bringing an alien (except an alien crewmember) to the United 
States to take any consideration to be kept or returned contingent on 
whether an alien is admitted to, or ordered removed from, the United 
States.''.
            (4) Clarification.--(A) Section 238(a)(1), which, previous 
        to redesignation under section 308(b)(5), was section 
        242A(a)(1), is amended by adding at the end the following: 
        ``Nothing in this section shall be construed to create any 
        substantive or procedural right or benefit that is legally 
        enforceable by any party against the United States or its 
        agencies or officers or any other person.''.
            (B) Section 225 of the Immigration and Nationality 
        Technical Corrections Act of 1994 (Public Law 103-416), as 
        amended by section 851(b)(15), is amended by striking ``and 
        nothing in'' and all that follows up to ``shall''.
    (d) Additional Conforming Amendments Relating to Exclusion and 
Inadmissibility.--
            (1) Section 212.--Section 212 (8 U.S.C. 1182(a)) is 
        amended--
                    (A) in the heading, by striking ``excluded from'' 
                and inserting ``ineligible for'';
                    (B) in the matter in subsection (a) before 
                paragraph (1), by striking all that follows ``(a)'' and 
                inserting the following: ``Classes of Aliens Ineligible 
                for Visas or Admission.--Except as otherwise provided 
                in this Act, aliens who are inadmissible under the 
                following paragraphs are ineligible to receive visas 
                and ineligible to be admitted to the United States:'';
                    (C) in subsection (a), by striking ``is 
                excludable'' and inserting ``is inadmissible'' each 
                place it appears;
                    (D) in subsections (a)(5)(C), (d)(1), (k), by 
                striking ``exclusion'' and inserting 
                ``inadmissibility'';
                    (E) in subsections (b), (d)(3), (h)(1)(A)(i), and 
                (k), by striking ``excludable'' each place it appears 
                and inserting ``inadmissible'';
                    (F) in subsection (b)(2), by striking ``or 
                ineligible for entry'';
                    (G) in subsection (d)(7), by striking ``excluded 
                from'' and inserting ``denied''; and
                    (H) in subsection (h)(1)(B), by striking 
                ``exclusion'' and inserting ``denial of admission''.
            (2) Section 241.--Section 241 (8 U.S.C. 1251), before 
        redesignation as section 237 by section 305(a)(2), is amended--
                    (A) in subsection (a)(1)(H), by striking 
                ``excludable'' and inserting ``inadmissible'';
                    (B) in subsection (a)(4)(C)(ii), by striking 
                ``excludability'' and inserting ``inadmissibility''; 
                and
                    (C) in subsection (c), by striking ``exclusion'' 
                and inserting ``inadmissibility''.
            (3) Other general references.--The following provisions are 
        amended by striking ``excludability'' and ``excludable'' each 
        place each appears and inserting ``inadmissibility'' and 
        ``inadmissible'', respectively:
                    (A) Sections 101(f)(3), 213, 234 (before 
                redesignation by section 308(b)), 241(a)(1) (before 
                redesignation by section 305(a)(2)), 272(a), 277, 
                286(h)(2)(A)(v), and 286(h)(2)(A)(vi).
                    (B) Section 601(c) of the Immigration Act of 1990.
                    (C) Section 128 of the Foreign Relations 
                Authorization Act, Fiscal Years 1992 and 1993 (Public 
                Law 102-138).
                    (D) Section 1073 of the National Defense 
                Authorization Act for Fiscal Year 1995 (Public Law 103-
                337).
                    (E) Section 221 of the Immigration and Nationality 
                Technical Corrections Act of 1994 (Public Law 103-416).
            (4) Related terms.--
                    (A) Section 101(a)(17) (8 U.S.C. 1101(a)(17)) is 
                amended by striking ``or expulsion'' and inserting 
                ``expulsion, or removal''.
                    (B) Section 102 (8 U.S.C. 1102) is amended by 
                striking ``exclusion or deportation'' and inserting 
                ``removal''.
                    (C) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is 
                amended by striking ``been excluded or deported'' and 
                inserting ``not been admitted or have been removed''.
                    (D) Section 206 (8 U.S.C. 1156) is amended by 
                striking ``excluded from admission to the United States 
                and deported'' and inserting ``denied admission to the 
                United States and removed''.
                    (E) Section 216(f) (8 U.S.C. 1186a) is amended by 
                striking ``exclusion'' and inserting 
                ``inadmissibility''.
                    (F) Section 217 (8 U.S.C. 1187) is amended by 
                striking ``excluded from admission'' and inserting 
                ``denied admission at the time of arrival'' each place 
                it appears.
                    (G) Section 221(f) (8 U.S.C. 1201) is amended by 
                striking ``exclude'' and inserting ``deny admission 
                to''.
                    (H) Section 232(a) (8 U.S.C. 1222(a)), as 
                redesignated by subsection (b)(2), is amended by 
                striking ``excluded by'' and ``the excluded classes'' 
                and inserting ``inadmissible under'' and ``inadmissible 
                classes'', respectively.
                    (I)(i) Section 272 (8 U.S.C. 1322) is amended--
                            (I) by striking ``exclusion'' in the 
                        heading and inserting ``denial of admission'',
                            (II) in subsection (a), by striking 
                        ``excluding condition'' and inserting 
                        ``condition causing inadmissibility'', and
                            (III) in subsection (c), by striking 
                        ``excluding''.
                    (ii) The item in the table of contents relating to 
                such section is amended by striking ``exclusion'' and 
                inserting ``denial of admission''.
                    (J) Section 276(a) (8 U.S.C. 1326) is amended--
                            (i) in paragraph (1), by striking 
                        ``deported or excluded and deported'' and 
                        inserting ``denied admission or removed'', and
                            (ii) in paragraph (2)(B), by striking 
                        ``excluded and deported'' and inserting 
                        ``denied admission and removed''.
                    (K) Section 286(h)(2)(A)(vi) (8 U.S.C. 
                1356(h)(2)(A)(vi)) is amended by striking ``exclusion'' 
                each place it appears and inserting ``removal''.
                    (L) Section 287 (8 U.S.C. 1357) is amended--
                            (i) in subsection (a), by striking ``or 
                        expulsion'' each place it appears and inserting 
                        ``expulsion, or removal'', and
                            (ii) in subsection (c), by striking 
                        ``exclusion from'' and inserting ``denial of 
                        admission to''.
                    (M) Section 290(a) (8 U.S.C. 1360(a)) is amended by 
                striking ``admitted to the United States, or excluded 
                therefrom'' each place it appears and inserting 
                ``admitted or denied admission to the United States''.
                    (N) Section 291 (8 U.S.C. 1361) is amended by 
                striking ``subject to exclusion'' and inserting 
                ``inadmissible'' each place it appears.
                    (O) Section 292 (8 U.S.C. 1362) is amended by 
                striking ``exclusion or deportation'' each place it 
                appears and inserting ``removal''.
                    (P) Section 360 (8 U.S.C. 1503) is amended--
                            (i) in subsection (a), by striking 
                        ``exclusion'' each place it appears and 
                        inserting ``removal'', and
                            (ii) in subsection (c), by striking 
                        ``excluded from'' and inserting ``denied''.
                    (Q) Section 301(a)(1) of the Immigration Act of 
                1990 is amended by striking ``exclusion'' and inserting 
                ``inadmissibility''.
                    (R) Section 401(c) of the Refugee Act of 1980 is 
                amended by striking ``deportation or exclusion'' and 
                inserting ``removal''.
                    (S) Section 501(e)(2) of the Refugee Education 
                Assistance Act of 1980 (Public Law 96-422) is amended--
                            (i) by striking ``exclusion or 
                        deportation'' each place it appears and 
                        inserting ``removal'', and
                            (ii) by striking ``deportation or 
                        exclusion'' each place it appears and inserting 
                        ``removal''.
                    (T) Section 4113(c) of title 18, United States 
                Code, is amended by striking ``exclusion and 
                deportation'' and inserting ``removal''.
    (e) Revision of Terminology Relating to Deportation.--
            (1) Each of the following is amended by striking 
        ``deportation'' each place it appears and inserting 
        ``removal'':
                    (A) Subparagraphs (A)(iii)(II), (A)(iv)(II), and 
                (B)(iii)(II) of section 204(a)(1) (8 U.S.C. 
                1154(a)(1)).
                    (B) Section 212(d)(1) (8 U.S.C. 1182(d)(1)).
                    (C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)).
                    (D) Section 214(k)(4)(C) (8 U.S.C. 1184(k)(4)(C)), 
                as redesignated by section 851(a)(3)(A).
                    (E) Section 241(a)(1)(H) (8 U.S.C. 1251(a)(1)(H)), 
                before redesignation as section 237 by section 
                305(a)(2).
                    (F) Section 242A (8 U.S.C. 1252a), before 
                redesignation as section 238 by subsection (b)(5).
                    (G) Subsections (a)(3) and (b)(5)(B) of section 
                244A (8 U.S.C. 1254a), before redesignation as section 
                244 by subsection (b)(7).
                    (H) Section 246(a) (8 U.S.C. 1256(a)).
                    (I) Section 254 (8 U.S.C. 1284).
                    (J) Section 263(a)(4) (8 U.S.C. 1303(a)(4)).
                    (K) Section 276(b) (8 U.S.C. 1326(b)).
                    (L) Section 286(h)(2)(A)(v) (8 U.S.C. 
                1356(h)(2)(A)(v)).
                    (M) Section 287(g) (8 U.S.C. 1357(g)) (as added by 
                section 122).
                    (N) Section 291 (8 U.S.C. 1361).
                    (O) Section 318 (8 U.S.C. 1429).
                    (P) Section 130005(a) of the Violent Crime Control 
                and Law Enforcement Act of 1994 (Public Law 103-322).
                    (Q) Section 4113(b) of title 18, United States 
                Code.
            (2) Each of the following is amended by striking 
        ``deported'' each place it appears and inserting ``removed'':
                    (A) Section 212(d)(7) (8 U.S.C. 1182(d)(7)).
                    (B) Section 214(d) (8 U.S.C. 1184(d)).
                    (C) Section 241(a) (8 U.S.C. 1251(a)), before 
                redesignation as section 237 by section 305(a)(2).
                    (D) Section 242A(c)(2)(D)(iv) (8 U.S.C. 
                1252a(c)(2)(D)(iv)), as amended by section 851(b)(14) 
                but before redesignation as section 238 by subsection 
                (b)(5).
                    (E) Section 252(b) (8 U.S.C. 1282(b)).
                    (F) Section 254 (8 U.S.C. 1284).
                    (G) Subsections (b) and (c) of section 266 (8 
                U.S.C. 1306).
                    (H) Section 301(a)(1) of the Immigration Act of 
                1990.
                    (I) Section 4113 of title 18, United States Code.
            (3) Section 101(g) (8 U.S.C. 1101(g)) is amended by 
        inserting ``or removed'' after ``deported'' each place it 
        appears.
            (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by 
        striking ``suspension of deportation'' and inserting 
        ``cancellation of removal''.
            (5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) is 
        amended by striking ``deportation is suspended'' and inserting 
        ``removal is canceled''.
            (6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B)) is 
        amended by striking ``deportation against'' and inserting 
        ``removal of''.
            (7) Subsections (b)(2), (c)(2)(B), (c)(3)(D), (c)(4)(A), 
        and (d)(2)(C) of section 216 (8 U.S.C. 1186a) are each amended 
        by striking ``deportation'', ``deportation'', ``deport'', and 
        ``deported'' each place each appears and inserting ``removal'', 
        ``removal'', ``remove'', and ``removed'', respectively.
            (8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and (d)(2)(C) 
        of section 216A (8 U.S.C. 1186b) are each amended by striking 
        ``deportation'', ``deportation'', ``deport'', and ``deported'' 
        and inserting ``removal'', ``removal'', ``remove'', and 
        ``removed'', respectively.
            (9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is amended by 
        striking ``deportation against'' and inserting ``removal of''.
            (10) Section 242A (8 U.S.C. 1252a), before redesignation as 
        section 238 by subsection (b)(6), is amended, in the headings 
        to various subdivisions, by striking ``Deportation'' and 
        ``deportation'' and inserting ``Removal'' and ``removal'', 
        respectively.
            (11) Section 244A(a)(1)(A) (8 U.S.C. 1254a(a)(1)(A)), 
        before redesignation as section 244 by subsection (b)(8), is 
        amended--
                    (A) in subsection (a)(1)(A), by striking ``deport'' 
                and inserting ``remove'', and
                    (B) in subsection (e), by striking ``Suspension of 
                Deportation'' and inserting ``Cancellation of 
                Removal''.
            (12) Section 254 (8 U.S.C. 1284) is amended by striking 
        ``deport'' each place it appears and inserting ``remove''.
            (13) Section 273(d) (8 U.S.C. 1323(d)) is repealed.
            (14)(A) Section 276 (8 U.S.C. 1326) is amended by striking 
        ``deported'' and inserting ``removed''.
            (B) The item in the table of contents relating to such 
        section is amended by striking ``deported'' and inserting 
        ``removed''.
            (15) Section 318 (8 U.S.C. 1429) is amended by striking 
        ``suspending'' and inserting ``canceling''.
            (16) Section 301(a) of the Immigration Act of 1990 is 
        amended by striking ``Deportation'' and inserting ``Removal''.
            (17) The heading of section 130005 of the Violent Crime 
        Control and Law Enforcement Act of 1994 (Public Law 103-322) is 
        amended by striking ``deportation'' and inserting ``removal''.
            (18) Section 9 of the Peace Corps Act (22 U.S.C. 2508) is 
        amended by striking ``deported'' and all that follows through 
        ``Deportation'' and inserting ``removed pursuant to chapter 4 
        of title II of the Immigration and Nationality Act''.
            (19) Section 8(c) of the Foreign Agents Registration Act 
        (22 U.S.C. 618(c)) is amended by striking ``deportation'' and 
        all that follows and inserting ``removal pursuant to chapter 4 
        of title II of the Immigration and Nationality Act.''.
    (f) Revision of References to Entry.--
            (1) The following provisions are amended by striking 
        ``entry'' and inserting ``admission'' each place it appears:
                    (A) Section 101(a)(15)(K) (8 U.S.C. 
                1101(a)(15)(K)).
                    (B) Section 101(a)(30) (8 U.S.C. 1101(a)(30)).
                    (C) Section 212(a)(2)(D) (8 U.S.C. 1182(a)(2)(D)).
                    (D) Section 212(a)(6)(C)(i) (8 U.S.C. 
                1182(a)(6)(C)(i)).
                    (E) Section 212(h)(1)(A)(i) (8 U.S.C. 
                1182(h)(1)(A)(i)).
                    (F) Section 212(j)(1)(D) (8 U.S.C. 1182(j)(1)(D)).
                    (G) Section 214(c)(2)(A) (8 U.S.C. 1184(c)(2)(A)).
                    (H) Section 214(d) (8 U.S.C. 1184(d)).
                    (I) Section 216(b)(1)(A)(i) (8 U.S.C. 
                1186a(b)(1)(A)(i)).
                    (J) Section 216(d)(1)(A)(i)(III) (8 U.S.C. 
                1186a(d)(1)(A)(i)(III)).
                    (K) Subsection (b) of section 240 (8 U.S.C. 1230), 
                before redesignation as section 240C by section 
                304(a)(2).
                    (L) Subsection (a)(1)(G) of section 241 (8 U.S.C. 
                1251), before redesignation as section 237 by section 
                305(a)(2).
                    (M) Subsection (a)(1)(H) of section 241 (8 U.S.C. 
                1251), before redesignation as section 237 by section 
                305(a)(2), other than the last time it appears.
                    (N) Paragraphs (2) and (4) of subsection (a) of 
                section 241 (8 U.S.C. 1251), before redesignation as 
                section 237 by section 305(a)(2).
                    (O) Section 245(e)(3) (8 U.S.C. 1255(e)(3)).
                    (P) Section 247(a) (8 U.S.C. 1257(a)).
                    (Q) Section 601(c)(2) of the Immigration Act of 
                1990.
            (2) The following provisions are amended by striking 
        ``enter'' and inserting ``be admitted'':
                    (A) Section 204(e) (8 U.S.C. 1154(e)).
                    (B) Section 221(h) (8 U.S.C. 1201(h)).
                    (C) Section 245(e)(2) (8 U.S.C. 1255(e)(2)).
            (3) The following provisions are amended by striking 
        ``enters'' and inserting ``is admitted to'':
                    (A) Section 212(j)(1)(D)(ii) (8 U.S.C. 1154(e)).
                    (B) Section 214(c)(5)(B) (8 U.S.C. 1184(c)(5)(B)).
            (4) Subsection (a) of section 238 (8 U.S.C. 1228), before 
        redesignation as section 233 by section 308(b)(4), is amended 
        by striking ``entry and inspection'' and inserting ``inspection 
        and admission''.
            (5) Subsection (a)(1)(H)(ii) of section 241 (8 U.S.C. 
        1251), before redesignation as section 237 by section 
        305(a)(2), is amended by striking ``at entry''.
            (6) Section 7 of the Central Intelligence Agency Act of 
        1949 (50 U.S.C. 403h) is amended by striking ``that the 
        entry'', ``given entry into'', and ``entering'' and inserting 
        ``that the admission'', ``admitted to'', and ``admitted to''.
            (7) Section 4 of the Atomic Weapons and Special Nuclear 
        Materials Rewards Act (50 U.S.C. 47c) is amended by striking 
        ``entry'' and inserting ``admission''.
    (g) Conforming References to Reorganized Sections.--
            (1) References to sections 232, 234, 238, 239, 240, 241, 
        242a, and 244a.--Any reference in law in effect on the day 
        before the date of the enactment of this Act to section 232, 
        234, 238, 239, 240, 241, 242A, or 244A of the Immigration and 
        Nationality Act (or a subdivision of such section) is deemed, 
        as of the title III-A effective date, to refer to section 
        232(a), 232(b), 233, 234, 234A, 237, 238, or 244 of such Act 
        (or the corresponding subdivision of such section), as 
        redesignated by this subtitle. Any reference in law to section 
        241 (or a subdivision of such section) of the Immigration and 
        Nationality Act in an amendment made by a subsequent subtitle 
        of this title is deemed a reference (as of the title III-A 
        effective date) to section 237 (or the corresponding 
        subdivision of such section), as redesignated by this subtitle.
            (2) References to section 106.--
                    (A) Sections 242A(b)(3) and 242A(c)(3)(A)(ii) (8 
                U.S.C. 1252a(b)(3), 1252a(c)(3)(A)(ii)), as amended by 
                section 851(b)(14) but before redesignation as section 
                238 by subsection (b)(5), are each amended by striking 
                ``106'' and inserting ``242''.
                    (B) Sections 210(e)(3)(A) and 245A(f)(4)(A) (8 
                U.S.C. 1160(e)(3)(A), 1255a(f)(4)(A)) are amended by 
                inserting ``(as in effect before October 1, 1996)'' 
                after ``106''.
                    (C) Section 242A(c)(3)(A)(iii) (8 U.S.C. 
                1252a(c)(3)(A)(iii)), as amended by section 851(b)(14) 
                but before redesignation as section 238 by subsection 
                (b)(5), is amended by striking ``106(a)(1)'' and 
                inserting ``242(b)(1)''.
            (3) References to section 236.--
                    (A) Sections 205 and 209(a)(1) (8 U.S.C. 1155, 
                1159(a)(1)) are each amended by striking ``236'' and 
                inserting ``240''.
                    (B) Section 4113(c) of title 18, United States 
                Code, is amended by striking ``1226 of title 8, United 
                States Code'' and inserting ``240 of the Immigration 
                and Nationality Act''.
            (4) References to section 237.--
                    (A) Section 209(a)(1) (8 U.S.C. 1159(a)(1)) is 
                amended by striking ``237'' and inserting ``241''.
                    (B) Section 212(d)(7) (8 U.S.C. 1182(d)(7)) is 
                amended by striking ``237(a)'' and inserting 
                ``241(c)''.
                    (C) Section 280(a) (8 U.S.C. 1330(a)) is amended by 
                striking ``237, 239, 243'' and inserting ``234, 
                243(c)(2)''.
            (5) References to section 242.--
                    (A)(i) Sections 214(d), 252(b), and 287(f)(1) (8 
                U.S.C. 1184(d), 1282(b), 1357(f)(1)) are each amended 
                by striking ``242'' and inserting ``240''.
                    (ii) Subsection (c)(4) of section 242A (8 U.S.C. 
                1252a), as amended by section 851(b)(14) but before 
                redesignation as section 238 by subsection (b)(5), are 
                each amended by striking ``242'' and inserting ``240''.
                    (iii) Section 245A(a)(1)(B) (8 U.S.C. 
                1255a(a)(1)(B)) is amended by inserting ``(as in effect 
                before October 1, 1996)'' after ``242''.
                    (iv) Section 4113 of title 18, United States Code, 
                is amended--
                            (I) in subsection (a), by striking 
                        ``section 1252(b) or section 1254(e) of title 
                        8, United States Code,'' and inserting 
                        ``section 240B of the Immigration and 
                        Nationality Act''; and
                            (II) in subsection (b), by striking 
                        ``section 1252 of title 8, United States 
                        Code,'' and inserting ``section 240 of the 
                        Immigration and Nationality Act''.
                    (B) Section 130002(a) of Public Law 103-322, as 
                amended by section 361(a), is amended by striking 
                ``242(a)(3)(A)'' and inserting ``236(d)''.
                    (C) Section 242A(b)(1) (8 U.S.C. 1252a(b)(1)), 
                before redesignation as section 238 by section 
                308(b)(5), is amended by striking ``242(b)'' and 
                inserting ``240''.
                    (D) Section 242A(c)(2)(D)(ii) (8 U.S.C. 
                1252a(c)(2)(D)(ii)), as amended by section 851(b)(14) 
                but before redesignation as section 238 by subsection 
                (b)(5), is amended by striking ``242(b)'' and inserting 
                ``240''.
                    (E) Section 1821(e) of title 28, United States 
                Code, is amended by striking ``242(b)'' and inserting 
                ``240''.
                    (F) Section 130007(a) of Public Law 103-322 is 
                amended by striking ``242(i)'' and inserting 
                ``239(d)''.
                    (G) Section 20301(c) of Public Law 103-322 is 
                amended by striking ``242(j)(5)'' and ``242(j)'' and 
                inserting ``241(h)(5)'' and ``241(h)'', respectively.
            (6) References to section 242b.--
                    (A) Section 303(d)(2) of the Immigration Act of 
                1990 is amended by striking ``242B'' and inserting 
                ``240(b)(5)''.
                    (B) Section 545(g)(1)(B) of the Immigration Act of 
                1990 is amended by striking ``242B(a)(4)'' and 
                inserting ``239(a)(4)''.
            (7) References to section 243.--
                    (A) Section 214(d) (8 U.S.C. 1184(d)) is amended by 
                striking ``243'' and inserting ``241''.
                    (B)(i) Section 315(c) of the Immigration Reform and 
                Control Act of 1986 is amended by striking ``243(g)'' 
                and ``1253(g)''and inserting ``243(d)'' and ``1253(d)'' 
                respectively.
                    (ii) Section 702(b) of the Departments of Commerce, 
                Justice, and State, the Judiciary, and Related Agencies 
                Appropriations Act, 1988 is amended by striking 
                ``243(g)'' and inserting ``243(d)''.
                    (iii) Section 903(b) of Public Law 100-204 is 
                amended by striking ``243(g)'' and inserting 
                ``243(d)''.
                    (C)(i) Section 6(f)(2)(F) of the Food Stamp Act of 
                1977 (7 U.S.C. 2015(f)(2)(F)) is amended by striking 
                ``243(h)'' and inserting ``241(b)(3)''.
                    (ii) Section 214(a)(5) of the Housing and Community 
                Development Act of 1980 (42 U.S.C. 1436a(a)(5)) is 
                amended by striking ``243(h)'' and inserting 
                ``241(b)(3)''.
                    (D)(i) Subsection (c)(2)(B)(ii) of section 244A (8 
                U.S.C. 1254a), before redesignated as section 244 by 
                section 308(b)(7), is amended by striking ``243(h)(2)'' 
                and inserting ``208(b)(2)(A)''.
                    (ii) Section 301(e)(2) of the Immigration Act of 
                1990 is amended by striking ``243(h)(2)'' and inserting 
                ``208(b)(2)(A)''.
                    (E) Section 316(f) (8 U.S.C. 1427(f)) is amended by 
                striking ``subparagraphs (A) through (D) of paragraph 
                243(h)(2)'' and inserting ``clauses (i) through (v) of 
                section 208(b)(2)(A)''.
            (8) References to section 244.--
                    (A)(i) Section 201(b)(1)(D) (8 U.S.C. 
                1151(b)(1)(D)) and subsection (e) of section 244A (8 
                U.S.C. 1254a), before redesignation as section 244 by 
                section 308(b)(7), are each amended by striking 
                ``244(a)'' and inserting ``240A(a)''.
                    (ii) Section 304(c)(1)(B) of the Miscellaneous and 
                Technical Immigration and Naturalization Amendments of 
                1991 (Public Law 102-232) is amended by striking 
                ``244(a)'' and inserting ``240A(a)''.
                    (B) Section 304(c)(1)(B) of the Miscellaneous and 
                Technical Immigration and Naturalization Amendments of 
                1991 (Public Law 102-232) is amended by striking 
                ``244(b)(2)'' and inserting ``240A(b)(2)''.
                    (C) Section 364(a)(2) of this Act is amended by 
                striking ``244(a)(3)'' and inserting ``240A(a)(3)''.
            (9) References to chapter 5.--
                    (A) Sections 266(b), 266(c), and 291 (8 U.S.C. 
                1306(b), 1306(c), 1361) are each amended by striking 
                ``chapter 5'' and inserting ``chapter 4''.
                    (B) Section 6(b) of the Act of August 1, 1956 (50 
                U.S.C. 855(b)) is amended by striking ``chapter 5, 
                title II, of the Immigration and Nationality Act (66 
                Stat. 163)'' and inserting ``chapter 4 of title II of 
                the Immigration and Nationality Act''.
            (10) Miscellaneous cross-reference corrections for newly 
        added provisions.--
                    (A) Section 245(c)(6), as amended by section 
                332(d), is amended by striking ``241(a)(4)(B)'' and 
                inserting ``237(a)(4)(B)''.
                    (B) Section 249(d), as amended by section 332(e), 
                is amended by striking ``241(a)(4)(B)'' and inserting 
                ``237(a)(4)(B)''.
                    (C) Section 276(b)(3), as inserted by section 
                321(b), is amended by striking ``excluded'' and 
                ``excludable'' and inserting ``removed'' and 
                ``inadmissible'', respectively.
                    (D) Section 505(c)(7), as added by section 
                321(a)(1), is amended by amending subparagraphs (B) 
                through (D) to read as follows:
                    ``(B) Withholding of removal under section 
                241(b)(3).
                    ``(C) Cancellation of removal under section 240A.
                    ``(D) Voluntary departure under section 240B.''.
                    (E) Section 506(b)(2)(B), as added by section 
                321(a)(1), is amended by striking ``deportation'' and 
                inserting ``removal''.
                    (F) Section 508(c)(2)(D), as added by section 
                321(a)(1), is amended by striking ``exclusion because 
                such alien is excludable'' and inserting ``removal 
                because such alien is inadmissible''.
                    (G) Section 130007(a) of the Violent Crime Control 
                and Law Enforcement Act of 1994 (Public Law 103-322), 
                as amended by section 851(a)(6), is amended by striking 
                ``242A(a)(3)'' and inserting ``238(a)(3)''.
                    (H) Section 212(h), as amended by section 301(h), 
                is amended by striking ``section 212(c)'' and inserting 
                ``paragraphs (1) and (2) of section 240A(a)''.

SEC. 309. EFFECTIVE DATES; TRANSITION.

    (a) In General.--Except as provided in this section and sections 
301(f), 301(h), or 306(c), this subtitle and the amendments made by 
this subtitle shall take effect on the first day of the first month 
beginning more than 180 days after the date of the enactment of this 
Act (in this title referred to as the ``title III-A effective date'').
    (b) Promulgation of Regulations.--The Attorney General shall first 
promulgate regulations to carry out this subtitle by not later than 30 
days before the title III-A effective date.
    (c) Transition for Aliens in Proceedings.--
            (1) General rule that new rules do not apply.--Subject to 
        the succeeding provisions of this subsection, in the case of an 
        alien who is in exclusion or deportation proceedings as of the 
        title III-A effective date--
                    (A) the amendments made by this subtitle shall not 
                apply, and
                    (B) the proceedings (including judicial review 
                thereof) shall continue to be conducted without regard 
                to such amendments.
            (2) Attorney general option to elect to apply new 
        procedures.--In a case described in paragraph (1) in which an 
        evidentiary hearing under section 236 or 242 and 242B of the 
        Immigration and Nationality Act has not commenced as of the 
        title III-A effective date, the Attorney General may elect to 
        proceed under chapter 4 of title II of such Act (as amended by 
        this subtitle). The Attorney General shall provide notice of 
        such election to the alien involved not later than 30 days 
        before the date any evidentiary hearing is commenced. If the 
        Attorney General makes such election, the notice of hearing 
        provided to the alien under section 235 or 242(a) of such Act 
        shall be valid as if provided under section 239 of such Act (as 
        amended by this subtitle) to confer jurisdiction on the 
        immigration judge.
            (3) Attorney general option to terminate and reinitiate 
        proceedings.--In the case described in paragraph (1), the 
        Attorney General may elect to terminate proceedings in which 
        there has not been a final administrative decision and to 
        reinitiate proceedings under chapter 4 of title II the 
        Immigration and Nationality Act (as amended by this subtitle). 
        Any determination in the terminated proceeding shall not be 
        binding in the reinitiated proceeding.
            (4) Transitional changes in judicial review.--In the case 
        described in paragraph (1) in which a final order of exclusion 
        or deportation is entered more than 30 days after the date of 
        the enactment of this Act, notwithstanding any provision of 
        section 106 of the Immigration and Nationality Act (as in 
        effect as of the date of the enactment of this Act) to the 
        contrary--
                    (A) in the case of judicial review of a final order 
                of exclusion, subsection (b) of such section shall not 
                apply and the action for judicial review shall be 
                governed by the provisions of subsections (a) and (c) 
                of such in the same manner as they apply to judicial 
                review of orders of deportation;
                    (B) a court may not order the taking of additional 
                evidence under section 2347(c) of title 28, United 
                States Code;
                    (C) the petition for judicial review must be filed 
                not later than 30 days after the date of the final 
                order of exclusion or deportation; and
                    (D) the petition for review shall be filed with the 
                court of appeals for the judicial circuit in which the 
                administrative proceedings before the special inquiry 
                officer or immigration judge were completed.
            (5) Transitional rule with regard to suspension of 
        deportation.--Paragraphs (1) and (2) of section 240A(d) of the 
        Immigration and Nationality Act (relating to continuous 
        residence or physical presence) shall apply to notices to 
        appear issued after the date of the enactment of this Act.
            (6) Transition for certain family unity aliens.--The 
        Attorney General may waive the application of section 212(a)(9) 
        of the Immigration and Nationality Act, as inserted by section 
        301(b)(1), in the case of an alien who is provided benefits 
        under the provisions of section 301 of the Immigration Act of 
        1990 (relating to family unity).
            (7) Limitation on suspension of deportation.--The Attorney 
        General may not suspend the deportation and adjust the status 
        under section 244 of the Immigration and Nationality Act of 
        more than 4,000 aliens in any fiscal year (beginning after the 
        date of the enactment of this Act). The previous sentence shall 
        apply regardless of when an alien applied for such suspension 
        and adjustment.
    (d) Transitional References.--For purposes of carrying out the 
Immigration and Nationality Act, as amended by this subtitle--
            (1) any reference in section 212(a)(1)(A) of such Act to 
        the term ``inadmissible'' is deemed to include a reference to 
        the term ``excludable'', and
            (2) any reference in law to an order of removal shall be 
        deemed to include a reference to an order of exclusion and 
        deportation or an order of deportation.
    (e) Transition.--No period of time before the date of the enactment 
of this Act shall be included in the period of 1 year described in 
section 212(a)(6)(B)(i) of the Immigration and Nationality Act (as 
amended by section 301(c)).

                Subtitle B--Removal of Alien Terrorists

            PART 1--REMOVAL PROCEDURES FOR ALIEN TERRORISTS

SEC. 321. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

    (a) In General.--The Immigration and Nationality Act is amended--
            (1) by adding at the end of the table of contents the 
        following:

       ``Title V--Special Removal Procedures for Alien Terrorists

``Sec. 501. Definitions.
``Sec. 502. Establishment of special removal court; panel of attorneys 
                            to assist with classified information.
``Sec. 503. Application for initiation of special removal proceeding.
``Sec. 504. Consideration of application.
``Sec. 505. Requiring Congressional review of world-wide levels every 5 
                            years.
``Sec. 506. Consideration of classified information.
``Sec. 507. Appeals.
``Sec. 508. Detention and custody.'',
        and
            (2) by adding at the end the following new title:

       ``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

                             ``definitions

    ``Sec. 501. In this title:
            ``(1) The term `alien terrorist' means an alien described 
        in section 241(a)(4)(B).
            ``(2) The term `classified information' has the meaning 
        given such term in section 1(a) of the Classified Information 
        Procedures Act (18 U.S.C. App.).
            ``(3) The term `national security' has the meaning given 
        such term in section 1(b) of the Classified Information 
        Procedures Act (18 U.S.C. App.).
            ``(4) The term `special attorney' means an attorney who is 
        on the panel established under section 502(e).
            ``(5) The term `special removal court' means the court 
        established under section 502(a).
            ``(6) The term `special removal hearing' means a hearing 
        under section 505.
            ``(7) The term `special removal proceeding' means a 
        proceeding under this title.

``establishment of special removal court; panel of attorneys to assist 
                      with classified information

    ``Sec. 502. (a) In General.--The Chief Justice of the United States 
shall publicly designate 5 district court judges from 5 of the United 
States judicial circuits who shall constitute a court which shall have 
jurisdiction to conduct all special removal proceedings.
    ``(b) Terms.--Each judge designated under subsection (a) shall 
serve for a term of 5 years and shall be eligible for redesignation, 
except that the four associate judges first so designated shall be 
designated for terms of one, two, three, and four years so that the 
term of one judge shall expire each year.
    ``(c) Chief Judge.--The Chief Justice shall publicly designate one 
of the judges of the special removal court to be the chief judge of the 
court. The chief judge shall promulgate rules to facilitate the 
functioning of the court and shall be responsible for assigning the 
consideration of cases to the various judges.
    ``(d) Expeditious and Confidential Nature of Proceedings.--The 
provisions of section 103(c) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803(c)) shall apply to proceedings under this 
title in the same manner as they apply to proceedings under such Act.
    ``(e) Establishment of Panel of Special Attorneys.--The special 
removal court shall provide for the designation of a panel of attorneys 
each of whom--
            ``(1) has a security clearance which affords the attorney 
        access to classified information, and
            ``(2) has agreed to represent permanent resident aliens 
        with respect to classified information under section 506 in 
        accordance with (and subject to the penalties under) this 
        title.

       ``application for initiation of special removal proceeding

    ``Sec. 503. (a) In General.--Whenever the Attorney General has 
classified information that an alien is an alien terrorist, the 
Attorney General, in the Attorney General's discretion, may seek 
removal of the alien under this title through the filing of a written 
application described in subsection (b) with the special removal court 
seeking an order authorizing a special removal proceeding under this 
title. The application shall be submitted in camera and ex parte and 
shall be filed under seal with the court.
    ``(b) Contents of Application.--Each application for a special 
removal proceeding shall include all of the following:
            ``(1) The identity of the Department of Justice attorney 
        making the application.
            ``(2) The approval of the Attorney General or the Deputy 
        Attorney General for the filing of the application based upon a 
        finding by that individual that the application satisfies the 
        criteria and requirements of this title.
            ``(3) The identity of the alien for whom authorization for 
        the special removal proceedings is sought.
            ``(4) A statement of the facts and circumstances relied on 
        by the Department of Justice to establish that--
                    ``(A) the alien is an alien terrorist and is 
                physically present in the United States, and
                    ``(B) with respect to such alien, adherence to the 
                provisions of title II regarding the removal of aliens 
                would pose a risk to the national security of the 
                United States.
            ``(5) An oath or affirmation respecting each of the facts 
        and statements described in the previous paragraphs.
    ``(c) Right to Dismiss.--The Department of Justice retains the 
right to dismiss a removal action under this title at any stage of the 
proceeding.

                     ``consideration of application

    ``Sec. 504. (a) In General.--In the case of an application under 
section 503 to the special removal court, a single judge of the court 
shall be assigned to consider the application. The judge, in accordance 
with the rules of the court, shall consider the application and may 
consider other information, including classified information, presented 
under oath or affirmation. The judge shall consider the application 
(and any hearing thereof) in camera and ex parte. A verbatim record 
shall be maintained of any such hearing.
    ``(b) Approval of Order.--The judge shall enter ex parte the order 
requested in the application if the judge finds, on the basis of such 
application and such other information (if any), that there is probable 
cause to believe that--
            ``(1) the alien who is the subject of the application has 
        been correctly identified and is an alien terrorist, and
            ``(2) adherence to the provisions of title II regarding the 
        removal of the identified alien would pose a risk to the 
        national security of the United States.
    ``(c) Denial of Order.--If the judge denies the order requested in 
the application, the judge shall prepare a written statement of the 
judge's reasons for the denial.
    ``(d) Exclusive Provisions.--Whenever an order is issued under this 
section with respect to an alien--
            ``(1) the alien's rights regarding removal and expulsion 
        shall be governed solely by the provisions of this title, and
            ``(2) except as they are specifically referenced, no other 
        provisions of this Act shall be applicable.

                       ``special removal hearings

    ``Sec. 505. (a) In General.--In any case in which the application 
for the order is approved under section 504, a special removal hearing 
shall be conducted under this section for the purpose of determining 
whether the alien to whom the order pertains should be removed from the 
United States on the grounds that the alien is an alien terrorist. 
Consistent with section 506, the alien shall be given reasonable notice 
of the nature of the charges against the alien and a general account of 
the basis for the charges. The alien shall be given notice, reasonable 
under all the circumstances, of the time and place at which the hearing 
will be held. The hearing shall be held as expeditiously as possible.
    ``(b) Use of Same Judge.--The special removal hearing shall be held 
before the same judge who granted the order pursuant to section 504 
unless that judge is deemed unavailable due to illness or disability by 
the chief judge of the special removal court, or has died, in which 
case the chief judge shall assign another judge to conduct the special 
removal hearing. A decision by the chief judge pursuant to the 
preceding sentence shall not be subject to review by either the alien 
or the Department of Justice.
    ``(c) Rights in Hearing.--
            ``(1) Public hearing.--The special removal hearing shall be 
        open to the public.
            ``(2) Right of counsel.--The alien shall have a right to be 
        present at such hearing and to be represented by counsel. Any 
        alien financially unable to obtain counsel shall be entitled to 
        have counsel assigned to represent the alien. Such counsel 
        shall be appointed by the judge pursuant to the plan for 
        furnishing representation for any person financially unable to 
        obtain adequate representation for the district in which the 
        hearing is conducted, as provided for in section 3006A of title 
        18, United States Code. All provisions of that section shall 
        apply and, for purposes of determining the maximum amount of 
        compensation, the matter shall be treated as if a felony was 
        charged.
            ``(3) Introduction of evidence.--The alien shall have a 
        right to introduce evidence on the alien's own behalf.
            ``(4) Examination of witnesses.--Except as provided in 
        section 506, the alien shall have a reasonable opportunity 
to examine the evidence against the alien and to cross-examine any 
witness.
            ``(5) Record.--A verbatim record of the proceedings and of 
        all testimony and evidence offered or produced at such a 
        hearing shall be kept.
            ``(6) Decision based on evidence at hearing.--The decision 
        of the judge in the hearing shall be based only on the evidence 
        introduced at the hearing, including evidence introduced under 
        subsection (e).
            ``(7) No right to ancillary relief.--In the hearing, the 
        judge is not authorized to consider or provide for relief from 
        removal based on any of the following:
                    ``(A) Asylum under section 208.
                    ``(B) Withholding of deportation under section 
                243(h).
                    ``(C) Suspension of deportation under section 
                244(a).
                    ``(D) Voluntary departure under section 244(e).
                    ``(E) Adjustment of status under section 245.
                    ``(F) Registry under section 249.
    ``(d) Subpoenas.--
            ``(1) Request.--At any time prior to the conclusion of the 
        special removal hearing, either the alien or the Department of 
        Justice may request the judge to issue a subpoena for the 
        presence of a named witness (which subpoena may also command 
        the person to whom it is directed to produce books, papers, 
        documents, or other objects designated therein) upon a 
        satisfactory showing that the presence of the witness is 
        necessary for the determination of any material matter. Such a 
        request may be made ex parte except that the judge shall inform 
        the Department of Justice of any request for a subpoena by the 
        alien for a witness or material if compliance with such a 
        subpoena would reveal evidence or the source of evidence which 
        has been introduced, or which the Department of Justice has 
        received permission to introduce, in camera and ex parte 
        pursuant to subsection (e) and section 506, and the Department 
        of Justice shall be given a reasonable opportunity to oppose 
        the issuance of such a subpoena.
            ``(2) Payment for attendance.--If an application for a 
        subpoena by the alien also makes a showing that the alien is 
        financially unable to pay for the attendance of a witness so 
        requested, the court may order the costs incurred by the 
        process and the fees of the witness so subpoenaed to be paid 
        from funds appropriated for the enforcement of title II.
            ``(3) Nationwide service.--A subpoena under this subsection 
        may be served anywhere in the United States.
            ``(4) Witness fees.--A witness subpoenaed under this 
        subsection shall receive the same fees and expenses as a 
        witness subpoenaed in connection with a civil proceeding in a 
        court of the United States.
            ``(5) No access to classified information.--Nothing in this 
        subsection is intended to allow an alien to have access to 
        classified information.
    ``(e) Introduction of Classified Information.--
            ``(1) In general.--When classified information has been 
        summarized pursuant to section 506(b) or where a finding has 
        been made under section 506(b)(5) that no summary is possible, 
        classified information shall be introduced (either in writing 
        or through testimony) in camera and ex parte and neither the 
        alien nor the public shall be informed of such evidence or its 
        sources other than through reference to the summary provided 
        pursuant to such section. Notwithstanding the previous 
        sentence, the Department of Justice may, in its discretion and, 
        in the case of classified information, after coordination with 
        the originating agency, elect to introduce such evidence in 
        open session.
            ``(2) Treatment of electronic surveillance information.--
                    ``(A) Use of electronic surveillance.--The 
                Government is authorized to use in a special removal 
                proceedings the fruits of electronic surveillance and 
                unconsented physical searches authorized under the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801 et seq.) without regard to subsections (c), 
                (e), (f), (g), and (h) of section 106 of that Act.
                    ``(B) No discovery of electronic surveillance 
                information.--An alien subject to removal under this 
                title shall have no right of discovery of information 
                derived from electronic surveillance authorized under 
                the Foreign Intelligence Surveillance Act of 1978 or 
                otherwise for national security purposes. Nor shall 
                such alien have the right to seek suppression of 
                evidence.
                    ``(C) Certain procedures not applicable.--The 
                provisions and requirements of section 3504 of title 
                18, United States Code, shall not apply to procedures 
                under this title.
            ``(3) Rights of united states.--Nothing in this section 
        shall prevent the United States from seeking protective orders 
        and from asserting privileges ordinarily available to the 
        United States to protect against the disclosure of classified 
        information, including the invocation of the military and state 
        secrets privileges.
    ``(f) Inclusion of Certain Evidence.--The Federal Rules of Evidence 
shall not apply to hearings under this section. Evidence introduced at 
the special removal hearing, either in open session or in camera and ex 
parte, may, in the discretion of the Department of Justice, include all 
or part of the information presented under section 504 used to obtain 
the order for the hearing under this section.
    ``(g) Arguments.--Following the receipt of evidence, the attorneys 
for the Department of Justice and for the alien shall be given fair 
opportunity to present argument as to whether the evidence is 
sufficient to justify the removal of the alien. The attorney for the 
Department of Justice shall open the argument. The attorney for the 
alien shall be permitted to reply. The attorney for the Department of 
Justice shall then be permitted to reply in rebuttal. The judge may 
allow any part of the argument that refers to evidence received in 
camera and ex parte to be heard in camera and ex parte.
    ``(h) Burden of Proof.--In the hearing the Department of Justice 
has the burden of showing by clear and convincing evidence that the  
alien is subject to removal because the alien is an alien terrorist. If 
the judge finds that the Department of Justice has met this burden, the 
judge shall order the alien removed and detained pending removal from 
the United States. If the alien was released pending the special 
removal hearing, the judge shall order the Attorney General to take the 
alien into custody.
    ``(i) Written Order.--At the time of rendering a decision as to 
whether the alien shall be removed, the judge shall prepare a written 
order containing a statement of facts found and conclusions of law. Any 
portion of the order that would reveal the substance or source of 
information received in camera and ex parte pursuant to subsection (e) 
shall not be made available to the alien or the public.

               ``consideration of classified information

    ``Sec. 506. (a) Consideration In Camera and Ex Parte.--In any case 
in which the application for the order authorizing the special 
procedures of this title is approved, the judge who granted the order 
shall consider each item of classified information the Department of 
Justice proposes to introduce in camera and ex parte at the special 
removal hearing and shall order the introduction of such information 
pursuant to section 505(e) if the judge determines the information to 
be relevant.
    ``(b) Preparation and Provision of Written Summary.--
            ``(1) Preparation.--The Department of Justice shall prepare 
        a written summary of such classified information which does not 
        pose a risk to national security.
            ``(2) Conditions for approval by judge and provision to 
        alien.--The judge shall approve the summary so long as the 
        judge finds that the summary is sufficient--
                    ``(A) to inform the alien of the general nature of 
                the evidence that the alien is an alien terrorist, and
                    ``(B) to permit the alien to prepare a defense 
                against deportation.
        The Department of Justice shall cause to be delivered to the 
        alien a copy of the summary.
            ``(3) Opportunity for correction and resubmittal.--If the 
        judge does not approve the summary, the judge shall provide the 
        Department a reasonable opportunity to correct the deficiencies 
        identified by the court and to submit a revised summary.
            ``(4) Conditions for termination of proceedings if summary 
        not approved.--
                    ``(A) In general.--If, subsequent to the 
                opportunity described in paragraph (3), the judge does 
                not approve the summary, the judge shall terminate the 
                special removal hearing unless the judge makes the 
                findings described in subparagraph (B).
                    ``(B) Findings.--The findings described in this 
                subparagraph are, with respect to an alien, that--
                            ``(i) the continued presence of the alien 
                        in the United States would likely cause serious 
                        and irreparable harm to the national security 
                        or death or serious bodily injury to any 
                        person, and
                            ``(ii) the provision of the required 
                        summary would likely cause serious and 
                        irreparable harm to the national security or 
                        death or serious bodily injury to any person.
            ``(5) Continuation of hearing without summary.--If a judge 
        makes the findings described in paragraph (4)(B)--
                    ``(A) if the alien involved is an alien lawfully 
                admitted for permanent residence, the procedures 
                described in subsection (c) shall apply; and
                    ``(B) in all cases the special removal hearing 
                shall continue, the Department of Justice shall cause 
                to be delivered to the alien a statement that no 
                summary is possible, and the classified information 
                submitted in camera and ex parte may be used pursuant 
                to section 505(e).
    ``(c) Special Procedures for Access and Challenges to Classified 
Information by Special Attorneys in Case of Lawful Permanent Aliens.--
            ``(1) In general.--The procedures described in this 
        subsection are that the judge (under rules of the special 
        removal court) shall designate a special attorney to assist the 
        alien--
                    ``(A) by reviewing in camera the classified 
                information on behalf of the alien, and
                    ``(B) by challenging through an in camera 
                proceeding the veracity of the evidence contained in 
                the classified information.
            ``(2) Restrictions on disclosure.--A special attorney 
        receiving classified information under paragraph (1)--
                    ``(A) shall not disclose the information to the 
                alien or to any other attorney representing the alien, 
                and
                    ``(B) who discloses such information in violation 
                of subparagraph (A) shall be subject to a fine under 
                title 18, United States Code, imprisoned for not less 
                than 10 years nor more than 25 years, or both.

                               ``appeals

    ``Sec. 507. (a) Appeals of Denials of Applications for Orders.--The 
Department of Justice may seek a review of the denial of an order 
sought in an application by the United States Court of Appeals for the 
District of Columbia Circuit by notice of appeal which must be filed 
within 20 days after the date of such denial. In such a case the entire 
record of the proceeding shall be transmitted to the Court of Appeals 
under seal and the Court of Appeals shall hear the matter ex parte. In 
such a case the Court of Appeals shall review questions of law de novo, 
but a prior finding on any question of fact shall not be set aside 
unless such finding was clearly erroneous.
    ``(b) Appeals of Determinations About Summaries of Classified 
Information.--Either party may take an interlocutory appeal to the 
United States Court of Appeals for the District of Columbia Circuit 
of--
            ``(1) any determination by the judge pursuant to section 
        506(a)--
                    ``(A) concerning whether an item of evidence may be 
                introduced in camera and ex parte, or
                    ``(B) concerning the contents of any summary of 
                evidence to be introduced in camera and ex parte 
                prepared pursuant to section 506(b); or
            ``(2) the refusal of the court to make the findings 
        permitted by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this subsection, the 
entire record, including any proposed order of the judge or summary of 
evidence, shall be transmitted to the Court of Appeals under seal and 
the matter shall be heard ex parte.
    ``(c) Appeals of Decision in Hearing.--
            ``(1) In general.--Subject to paragraph (2), the decision 
        of the judge after a special removal hearing may be appealed by 
        either the alien or the Department of Justice to the United 
        States Court of Appeals for the District of Columbia Circuit by 
        notice of appeal.
            ``(2) Automatic appeals in cases of permanent resident 
        aliens in which no summary provided.--
                    ``(A) In general.--Unless the alien waives the 
                right to a review under this paragraph, in any case 
                involving an alien lawfully admitted for permanent 
                residence who is denied a written summary of classified 
                information under section 506(b)(4) and with respect to 
                which the procedures described in section 506(c) apply, 
                any order issued by the judge shall be reviewed by the 
                Court of Appeals for the District of Columbia Circuit.
                    ``(B) Use of special attorney.--With respect to any 
                issue relating to classified information that arises in 
                such review, the alien shall be represented only by the 
                special attorney designated under section 506(c)(1) on 
                behalf of the alien.
    ``(d) General Provisions Relating to Appeals.--
            ``(1) Notice.--A notice of appeal pursuant to subsection 
        (b) or (c) (other than under subsection (c)(2)) must be filed 
        within 20 days after the date of the order with respect to 
        which the appeal is sought, during which time the order shall 
        not be executed.
            ``(2) Transmittal of record.--In an appeal or review to the 
        Court of Appeals pursuant to subsection (b) or (c)--
                    ``(A) the entire record shall be transmitted to the 
                Court of Appeals, and
                    ``(B) information received pursuant to section 
                505(e), and any portion of the judge's order that would 
                reveal the substance or source of such information, 
                shall be transmitted under seal.
            ``(3) Expedited appellate proceeding.--In an appeal or 
        review to the Court of Appeals pursuant to subsection (b) or 
        (c):
                    ``(A) Review.--The appeal or review shall be heard 
                as expeditiously as practicable and the Court may 
                dispense with full briefing and hear the matter solely 
                on the record of the judge of the special removal court 
                and on such briefs or motions as the Court may require 
                to be filed by the parties.
                    ``(B) Disposition.--The Court shall uphold or 
                reverse the judge's order within 60 days after the date 
                of the issuance of the judge's final order.
            ``(4) Standard for review.--In an appeal or review to the 
        Court of Appeals pursuant to subsection (b) or (c):
                    ``(A) Questions of law.--The Court of Appeals shall 
                review all questions of law de novo.
                    ``(B) Questions of fact.--(i) Subject to clause 
                (ii), a prior finding on any question of fact shall not 
                be set aside unless such finding was clearly erroneous.
                    ``(ii) In the case of a review under subsection 
                (c)(2) in which an alien lawfully admitted for 
                permanent residence was denied a written summary of 
                classified information under section 506(b)(4), the 
                Court of Appeals shall review questions of fact de 
                novo.
    ``(e) Certiorari.--Following a decision by the Court of Appeals 
pursuant to subsection (b) or (c), either the alien or the Department 
of Justice may petition the Supreme Court for a writ of certiorari. In 
any such case, any information transmitted to the Court of Appeals 
under seal shall, if such information is also submitted to the Supreme 
Court, be transmitted under seal. Any order of removal shall not be 
stayed pending disposition of a writ of certiorari except as provided 
by the Court of Appeals or a Justice of the Supreme Court.
    ``(f) Appeals of Detention Orders.--
            ``(1) In general.-- The provisions of sections 3145 through 
        3148 of title 18, United States Code, pertaining to review and 
        appeal of a release or detention order, penalties for failure 
        to appear, penalties for an offense committed while on release, 
        and sanctions for violation of a release condition shall apply 
        to an alien to whom section 508(b)(1) applies. In applying the 
        previous sentence--
                    ``(A) for purposes of section 3145 of such title an 
                appeal shall be taken to the United States Court of 
                Appeals for the District of Columbia Circuit, and
                    ``(B) for purposes of section 3146 of such title 
                the alien shall be considered released in connection 
                with a charge of an offense punishable by life 
                imprisonment.
            ``(2) No review of continued detention.--The determinations 
        and actions of the Attorney General pursuant to section 
        508(c)(2)(C) shall not be subject to judicial review, including 
        application for a writ of habeas corpus, except for a claim by 
        the alien that continued detention violates the alien's rights 
        under the Constitution. Jurisdiction over any such challenge 
        shall lie exclusively in the United States Court of Appeals for 
        the District of Columbia Circuit.

                        ``detention and custody

    ``Sec. 508. (a) Initial Custody.--
            ``(1) Upon filing application.--Subject to paragraph (2), 
        the Attorney General may take into custody any alien with 
        respect to whom an application under section 503 has been filed 
        and, notwithstanding any other provision of law, may 
retain such an alien in custody in accordance with the procedures 
authorized by this title.
            ``(2) Special rules for permanent resident aliens.--An 
        alien lawfully admitted for permanent residence shall be 
        entitled to a release hearing before the judge assigned to hear 
        the special removal hearing. Such an alien shall be detained 
        pending the special removal hearing, unless the alien 
        demonstrates to the court that--
                    ``(A) the alien, if released upon such terms and 
                conditions as the court may prescribe (including the 
                posting of any monetary amount), is not likely to flee, 
                and
                    ``(B) the alien's release will not endanger 
                national security or the safety of any person or the 
                community.
        The judge may consider classified information submitted in 
        camera and ex parte in making a determination under this 
        paragraph.
            ``(3) Release if order denied and no review sought.--
                    ``(A) In general.--Subject to subparagraph (B), if 
                a judge of the special removal court denies the order 
                sought in an application with respect to an alien and 
                the Department of Justice does not seek review of such 
                denial, the alien shall be released from custody.
                    ``(B) Application of regular procedures.--
                Subparagraph (A) shall not prevent the arrest and 
                detention of the alien pursuant to title II.
    ``(b) Conditional Release If Order Denied and Review Sought.--
            ``(1) In general.--If a judge of the special removal court 
        denies the order sought in an application with respect to an 
        alien and the Department of Justice seeks review of such 
        denial, the judge shall release the alien from custody subject 
        to the least restrictive condition or combination of conditions 
        of release described in section 3142(b) and clauses (i) through 
        (xiv) of section 3142(c)(1)(B) of title 18, United States Code, 
        that will reasonably assure the appearance of the alien at any 
        future proceeding pursuant to this title and will not endanger 
        the safety of any other person or the community.
            ``(2) No release for certain aliens.--If the judge finds no 
        such condition or combination of conditions, the alien shall 
        remain in custody until the completion of any appeal authorized 
        by this title.
    ``(c) Custody and Release After Hearing.--
            ``(1) Release.--
                    ``(A) In general.--Subject to subparagraph (B), if 
                the judge decides pursuant to section 505(i) that an 
                alien should not be removed, the alien shall be 
                released from custody.
                    ``(B) Custody pending appeal.--If the Attorney 
                General takes an appeal from such decision, the alien 
                shall remain in custody, subject to the provisions of 
                section 3142 of title 18, United States Code.
            ``(2) Custody and removal.--
                    ``(A) Custody.--If the judge decides pursuant to 
                section 505(i) that an alien shall be removed, the 
                alien shall be detained pending the outcome of any 
                appeal. After the conclusion of any judicial review 
                thereof which affirms the removal order, the Attorney 
                General shall retain the alien in custody and remove 
                the alien to a country specified under subparagraph 
                (B).
                    ``(B) Removal.--
                            ``(i) In general.--The removal of an alien 
                        shall be to any country which the alien shall 
                        designate if such designation does not, in the 
                        judgment of the Attorney General, in 
                        consultation with the Secretary of State, 
                        impair the obligation of the United States 
                        under any treaty (including a treaty pertaining 
                        to extradition) or otherwise adversely affect 
                        the foreign policy of the United States.
                            ``(ii) Alternate countries.--If the alien 
                        refuses to designate a country to which the 
                        alien wishes to be removed or if the Attorney 
                        General, in consultation with the Secretary of 
                        State, determines that removal of the alien to 
                        the country so designated would impair a treaty 
                        obligation or adversely affect United States 
                        foreign policy, the Attorney General shall 
                        cause the alien to be removed to any country 
                        willing to receive such alien.
                    ``(C) Continued detention.--If no country is 
                willing to receive such an alien, the Attorney General 
                may, notwithstanding any other provision of law, retain 
                the alien in custody. The Attorney General, in 
                coordination with the Secretary of State, shall make 
                periodic efforts to reach agreement with other 
                countries to accept such an alien and at least every 6 
                months shall provide to the attorney representing the 
                alien at the special removal hearing a written report 
                on the Attorney General's efforts. Any alien in custody 
                pursuant to this subparagraph shall be released from 
                custody solely at the discretion of the Attorney 
                General and subject to such conditions as the Attorney 
                General shall deem appropriate.
                    ``(D) Fingerprinting.--Before an alien is 
                transported out of the United States pursuant to this 
                subsection, or pursuant to an order of exclusion 
                because such alien is excludable under section 
                212(a)(3)(B), the alien shall be photographed and 
                fingerprinted, and shall be advised of the provisions 
                of subsection 276(b).
    ``(d) Continued Detention Pending Trial.--
            ``(1) Delay in removal.--Notwithstanding the provisions of 
        subsection (c)(2), the Attorney General may hold in abeyance 
        the removal of an alien who has been ordered removed pursuant 
        to this title to allow the trial of such alien on any Federal 
        or State criminal charge and the service of any sentence of 
        confinement resulting from such a trial.
            ``(2) Maintenance of custody.--Pending the commencement of 
        any service of a sentence of confinement by an alien described 
        in paragraph (1), such an alien shall remain in the custody of 
        the Attorney General, unless the Attorney General determines 
        that temporary release of the alien to the custody of State 
authorities for confinement in a State facility is appropriate and 
would not endanger national security or public safety.
            ``(3) Subsequent removal.--Following the completion of a 
        sentence of confinement by an alien described in paragraph (1) 
        or following the completion of State criminal proceedings which 
        do not result in a sentence of confinement of an alien released 
        to the custody of State authorities pursuant to paragraph (2), 
        such an alien shall be returned to the custody of the Attorney 
        General who shall proceed to carry out the provisions of 
        subsection (c)(2) concerning removal of the alien.
    ``(e) Application of Certain Provisions Relating to Escape of 
Prisoners.--For purposes of sections 751 and 752 of title 18, United 
States Code, an alien in the custody of the Attorney General pursuant 
to this title shall be subject to the penalties provided by those 
sections in relation to a person committed to the custody of the 
Attorney General by virtue of an arrest on a charge of a felony.
    ``(f) Rights of Aliens in Custody.--
            ``(1) Family and attorney visits.--An alien in the custody 
        of the Attorney General pursuant to this title shall be given 
        reasonable opportunity to communicate with and receive visits 
        from members of the alien's family, and to contact, retain, and 
        communicate with an attorney.
            ``(2) Diplomatic contact.--An alien in the custody of the 
        Attorney General pursuant to this title shall have the right to 
        contact an appropriate diplomatic or consular official of the 
        alien's country of citizenship or nationality or of any country 
        providing representation services therefore. The Attorney 
        General shall notify the appropriate embassy, mission, or 
        consular office of the alien's detention.''.
    (b) Criminal Penalty for Reentry of Alien Terrorists.--Section 
276(b) (8 U.S.C. 1326(b)) is amended--
            (1) by striking ``or'' at the end of paragraph (1),
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or'', and
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) who has been excluded from the United States pursuant 
        to subsection 235(c) because the alien was excludable under 
        subsection 212(a)(3)(B) or who has been removed from the United 
        States pursuant to the provisions of title V, and who 
        thereafter, without the permission of the Attorney General, 
        enters the United States or attempts to do so shall be fined 
        under title 18, United States Code, and imprisoned for a period 
        of 10 years, which sentence shall not run concurrently with any 
        other sentence.''.
    (c) Elimination of Custody Review by Habeas Corpus.--Section 106(a) 
(8 U.S.C. 1105a(a)) is amended--
            (1) by adding ``and'' at the end of paragraph (8),
            (2) by striking ``; and'' at the end of paragraph (9) and 
        inserting a period, and
            (3) by striking paragraph (10).
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to all 
aliens without regard to the date of entry or attempted entry into the 
United States.

SEC. 322. FUNDING FOR DETENTION AND REMOVAL OF ALIEN TERRORISTS.

    In addition to amounts otherwise appropriated, there are authorized 
to be appropriated for each fiscal year (beginning with fiscal year 
1996) $5,000,000 to the Immigration and Naturalization Service for the 
purpose of detaining and removing alien terrorists.

   PART 2--INADMISSIBILITY AND DENIAL OF RELIEF FOR ALIEN TERRORISTS

SEC. 331. MEMBERSHIP IN TERRORIST ORGANIZATION AS GROUND OF 
              INADMISSIBILITY.

    (a) In General.--Section 212(a)(3)(B) (8 U.S.C. 1182(a)(3)(B)) is 
amended--
            (1) in clause (i)--
                    (A) by striking ``or'' at the end of subclause (I),
                    (B) in subclause (II), by inserting ``engaged in 
                or'' after ``believe,'', and
                    (C) by inserting after subclause (II) the 
                following:
                                    ``(III) is a representative of a 
                                terrorist organization, or
                                    ``(IV) is a member of a terrorist 
                                organization which the alien knows or 
                                should have known is a terrorist 
                                organization,''; and
            (2) by adding at the end the following:
                            ``(iv) Terrorist organization defined.--
                                    ``(I) Designation.--For purposes of 
                                this Act, the term `terrorist 
                                organization' means a foreign 
                                organization designated in the Federal 
                                Register as a terrorist organization by 
                                the Secretary of State, in consultation 
                                with the Attorney General, based upon a 
                                finding that the organization engages 
                                in, or has engaged in, terrorist 
                                activity that threatens the national 
                                security of the United States.
                                    ``(II) Process.--At least 3 days 
                                before designating an organization as a 
                                terrorist organization through 
                                publication in the Federal Register, 
                                the Secretary of State, in consultation 
                                with the Attorney General, shall notify 
                                the Committees on the Judiciary of the 
                                House of Representatives and the Senate 
                                of the intent to make such designation 
                                and the findings and basis for 
                                designation. The Secretary of State, in 
                                consultation with the Attorney General, 
                                shall create an administrative record 
                                and may use classified information in 
                                making such a designation. Such 
                                information is not subject to 
                                disclosure so long as it remains 
                                classified, except that it may be 
                                disclosed to a court ex parte and in 
                                camera under subclause (III) for 
                                purposes of judicial review of such a 
                                designation. The Secretary of State, in 
consultation with the Attorney General, shall provide notice and an 
opportunity for public comment prior to the creation of the 
administrative record under this subclause.
                                    ``(III) Judicial review.--Any 
                                organization designated as a terrorist 
                                organization under the preceding 
                                provisions of this clause may, not 
                                later than 30 days after the date of 
                                the designation, seek judicial review 
                                thereof in the United States Court of 
                                Appeals for the District of Columbia 
                                Circuit. Such review shall be based 
                                solely upon the administrative record, 
                                except that the Government may submit, 
                                for ex parte and in camera review, 
                                classified information considered in 
                                making the designation. The court shall 
                                hold unlawful and set aside the 
                                designation if the court finds the 
                                designation to be arbitrary, 
                                capricious, an abuse of discretion, or 
                                otherwise not in accordance with law, 
                                lacking substantial support in the 
                                administrative record taken as a whole 
                                or in classified information submitted 
                                to the court under the previous 
                                sentence, contrary to constitutional 
                                right, power, privilege, or immunity, 
                                or not in accord with the procedures 
                                required by law.
                                    ``(IV) Congressional removal 
                                authority.--The Congress reserves the 
                                authority to remove, by law, the 
                                designation of an organization as a 
                                terrorist organization for purposes of 
                                this Act.
                                    ``(V) Sunset.--Subject to subclause 
                                (IV), the designation under this clause 
                                of an organization as a terrorist 
                                organization shall be effective for a 
                                period of 2 years from the date of the 
                                initial publication of the terrorist 
                                organization designation by the 
                                Secretary of State. At the end of such 
                                period (but no sooner than 60 days 
                                prior to the termination of the 2-year-
                                designation period), the Secretary of 
                                State, in consultation with the 
                                Attorney General, may redesignate the 
                                organization in conformity with the 
                                requirements of this clause for 
                                designation of the organization.
                                    ``(VI) Removal authority.--The 
                                Secretary of State, in consultation 
                                with the Attorney General, may remove 
                                the terrorist organization designation 
                                from any organization previously 
                                designated as such an organization, at 
                                any time, so long as the Secretary 
                                publishes notice of the removal in the 
                                Federal Register. The Secretary is not 
                                required to report to Congress prior to 
                                so removing such designation.
                            ``(v) Representative defined.--
                                    ``(I) In general.--In this 
                                subparagraph, the term `representative' 
                                includes an officer, official, or 
                                spokesman of the organization and any 
                                person who directs, counsels, commands 
                                or induces the organization or its 
                                members to engage in terrorist 
                                activity.
                                    ``(II) Judicial review.--The 
                                determination under this subparagraph 
                                that an alien is a representative of a 
                                terrorist organization shall be subject 
                                to judicial review under section 706 of 
                                title 5, United States Code.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 332. DENIAL OF RELIEF FOR ALIEN TERRORISTS.

    (a) Withholding of Deportation.--Subsection (h)(2) of section 243 
(8 U.S.C. 1253), before amendment by section 307(a), is amended by 
adding at the end the following new sentence: ``For purposes of 
subparagraph (D), an alien who is described in section 241(a)(4)(B) 
shall be considered to be an alien for whom there are reasonable 
grounds for regarding as a danger to the security of the United 
States.''.
    (b) Suspension of Deportation.--Section 244(a) (8 U.S.C. 1254(a)), 
before amendment by section 308(b), is amended by striking ``section 
241(a)(4)(D)'' and inserting ``subparagraph (B) or (D) of section 
241(a)(4)''.
    (c) Voluntary Departure.--Section 244(e)(2) (8 U.S.C. 1254(e)(2)), 
before amendment by section 308(b), is amended by inserting ``under 
section 241(a)(4)(B) or'' after ``who is deportable''.
    (d) Adjustment of Status.--Section 245(c) (8 U.S.C. 1255(c)) is 
amended--
            (1) by striking ``or'' before ``(5)'', and
            (2) by inserting before the period at the end the 
        following: ``, or (6) an alien who is deportable under section 
        241(a)(4)(B)''.
    (e) Registry.--Section 249(d) (8 U.S.C. 1259(d)) is amended by 
inserting ``and is not deportable under section 241(a)(4)(B)'' after 
``ineligible to citizenship''.
    (f) Effective Date.--(1) The amendments made by this section shall 
take effect on the date of the enactment of this Act and shall apply to 
applications filed before, on, or after such date if final action has 
not been taken on them before such date.
    (2) The amendments made by subsections (a) through (c) are 
subsequently superseded by the amendments made by subtitle A.

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

SEC. 341. DEFINITION OF STOWAWAY.

    (a) Stowaway Defined.--Section 101(a) (8 U.S.C. 1101(a)) is amended 
by adding the following new paragraph:
    ``(47) The term `stowaway' means any alien who obtains 
transportation without the consent of the owner, charterer, master or 
person in command of any vessel or aircraft through concealment aboard 
such vessel or aircraft. A passenger who boards with a valid ticket is 
not to be considered a stowaway.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 342. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIVING.

    (a) In General.--Section 231(a) (8 U.S.C. 1221(a)) is amended--
            (1) by amending the first sentence to read as follows: ``In 
        connection with the arrival of any person by water or by air at 
        any port within the United States from any place outside the 
        United States, it shall be the duty of the master or commanding 
        officer, or authorized agent, owner, or consignee of the vessel 
        or aircraft, having such person on board to deliver to the 
        immigration officers at the port of arrival, or other place 
        designated by the Attorney General, electronic, typewritten, or 
        printed lists or manifests of the persons on board such vessel 
        or aircraft.'';
            (2) in the second sentence, by striking ``shall be 
        prepared'' and inserting ``shall be prepared and submitted''; 
        and
            (3) by inserting after the second sentence the following 
        sentence: ``Such lists or manifests shall contain, but not be 
        limited to, for each person transported, the person's full 
        name, date of birth, gender, citizenship, travel document 
        number (if applicable) and arriving flight number.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to vessels or aircraft arriving at ports of entry on or after 
such date (not later than 60 days after the date of the enactment of 
this Act) as the Attorney General shall specify.

SEC. 343. PROVISIONS RELATING TO CONTRACTS WITH TRANSPORTATION LINES.

    (a) Coverage of Noncontiguous Territory.--Section 238 (8 U.S.C. 
1228), before redesignation as section 233 under section 308(b), is 
amended--
            (1) in the heading, by striking ``contiguous'', and
            (2) by striking ``contiguous'' each place it appears in 
        subsections (a), (b), and (d).
    (b) Coverage of Railroad Train.--Subsection (d) of such section is 
further amended by inserting `` or railroad train'' after ``aircraft''.

                   Subtitle D--Additional Provisions

SEC. 351. DEFINITION OF CONVICTION.

    (a) In General.--Section 101(a) (8 U.S.C. 1101(a)), as amended by 
section 341(a), is amended by adding at the end the following new 
paragraph:
    ``(48) The term `conviction' means a formal judgment of guilt 
entered by a court or, if adjudication of guilt has been withheld, 
where all of the following elements are present:
            ``(A) A judge or jury has found the alien guilty or the 
        alien has entered a plea of guilty or nolo contendere or has 
        admitted sufficient facts to warrant a finding of guilt.
            ``(B) The judge has ordered some form of punishment, 
        penalty, or restraint on the alien's liberty to be imposed.
            ``(C) A judgment or adjudication of guilt may be entered if 
        the alien violates the terms of the probation or fails to 
        comply with the requirements of the court's order, without 
        availability of further proceedings regarding the alien's guilt 
        or innocence of the original charge.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to convictions entered before, on, or after the date of the 
enactment of this Act.

SEC. 352. IMMIGRATION JUDGES AND COMPENSATION.

    (a) Definition of Term.--Paragraph (4) of section 101(b) (8 U.S.C. 
1101(b)) is amended to read as follows:
    ``(4) The term `immigration judge' means an attorney whom the 
Attorney General appoints as an administrative judge within the 
Executive Office for Immigration Review, qualified to conduct specified 
classes of proceedings, including a hearing under section 240. An 
immigration judge shall be subject to such supervision and shall 
perform such duties as the Attorney General shall prescribe, but shall 
not be employed by the Immigration and Naturalization Service.''.
    (b) Substitution for Term ``Special Inquiry Officer''.--The 
Immigration and Nationality Act is amended by striking ``a special 
inquiry officer'', ``special inquiry officer'', and ``special inquiry 
officers'' and inserting ``an immigration judge'', ``immigration 
judge'', and ``immigration judges'', respectively, each place it 
appears in the following sections:
            (1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)).
            (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
            (3) Section 234 (8 U.S.C. 1224), before redesignation by 
        section 308(b).
            (4) Section 235 (8 U.S.C. 1225), before redesignation by 
        section 308(b).
            (5) Section 236 (8 U.S.C. 1226), before amendment by 
        section 303.
            (6) Section 242(b) (8 U.S.C. 1252(b)), before amendment by 
        section 306(a)(2).
            (7) Section 242(d)(1) (8 U.S.C. 1252(d)(1)), before 
        amendment by section 306(a)(2).
            (8) Section 292 (8 U.S.C. 1362).
    (c) Compensation for Immigration Judges.--
            (1) In general.--There shall be four levels of pay for 
        immigration judges, under the Immigration Judge Schedule 
        (designated as IJ-1, 2, 3, and 4, respectively), and each such 
        judge shall be paid at one of those levels, in accordance with 
        the provisions of this subsection.
            (2) Rates of pay.--
                    (A) The rates of basic pay for the levels 
                established under paragraph (1) shall be as follows:

    IJ-1...........................
                                        70% of the next to highest rate 
                                                of basic pay for the 
                                                Senior Executive 
                                                Service
    IJ-2...........................
                                        80% of the next to highest rate 
                                                of basic pay for the 
                                                Senior Executive 
                                                Service
    IJ-3...........................
                                        90% of the next to highest rate 
                                                of basic pay for the 
                                                Senior Executive 
                                                Service
    IJ-4...........................
                                        92% of the next to highest rate 
                                                of basic pay for the 
                                                Senior Executive 
                                                Service.
                    (B) Locality pay, where applicable, shall be 
                calculated into the basic pay for immigration judges.
            (3) Appointment.--
                    (A) Upon appointment, an immigration judge shall be 
                paid at IJ-1, and shall be advanced to IJ-2 upon 
                completion of 104 weeks of service, to IJ-3 upon 
                completion of 104 weeks of service in the next lower 
                rate, and to IJ-4 upon completion of 52 weeks of 
                service in the next lower rate.
                    (B) The Attorney General may provide for 
                appointment of an immigration judge at an advanced rate 
                under such circumstances as the Attorney General may 
                determine appropriate.
            (4) Transition.--Judges serving on the Immigration Court as 
        of the effective date shall be paid at the rate that 
        corresponds to the amount of time, as provided under paragraph 
        (3)(A), that they have served as an immigration judge.
    (d) Effective Dates.--
            (1) Subsections (a) and (b) shall take effect on the date 
        of the enactment of this Act.
            (2) Subsection (c) shall take effect 90 days after the date 
        of the enactment of this Act.

SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.

    (a) In General.--Section 246(a) (8 U.S.C. 1256(a)) is amended by 
adding at the end the following sentence: ``Nothing in this subsection 
shall require the Attorney General to rescind the alien's status prior 
to commencement of procedures to remove the alien under section 240, 
and an order of removal issued by an immigration judge shall be 
sufficient to rescind the alien's status.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the title III-A effective date (as defined in section 
309(a)).

SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.

    (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 274C the following new section:

                ``civil penalties for failure to depart

    ``Sec. 274D. (a) In General.--Any alien subject to a final order of 
removal who--
            ``(1) willfully fails or refuses to--
                    ``(A) depart from the United States pursuant to the 
                order,
                    ``(B) make timely application in good faith for 
                travel or other documents necessary for departure, or
                    ``(C) present for removal at the time and place 
                required by the Attorney General; or
            ``(2) conspires to or takes any action designed to prevent 
        or hamper the alien's departure pursuant to the order,
shall pay a civil penalty of not more than $500 to the Commissioner for 
each day the alien is in violation of this section.
    ``(b) Construction.--Nothing in this section shall be construed to 
diminish or qualify any penalties to which an alien may be subject for 
activities proscribed by section 243(a) or any other section of this 
Act.''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 274C the following new 
item:

``Sec. 274D. Civil penalties for failure to depart.''.
    (c) Effective Date.--The amendments made by subsection (a) shall 
apply to actions occurring on or after the title III-A effective date 
(as defined in section 309(a)).

SEC. 355. CLARIFICATION OF DISTRICT COURT JURISDICTION.

    (a) In General.--Section 279 (8 U.S.C. 1329) is amended--
            (1) by amending the first sentence to read as follows: 
        ``The district courts of the United States shall have 
        jurisdiction of all causes, civil and criminal, brought by the 
        United States that arise under the provisions of this title.'', 
        and
            (2) by adding at the end the following new sentence: 
        ``Nothing in this section shall be construed as providing 
        jurisdiction for suits against the United States or its 
        agencies or officers.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to actions filed after the date of the enactment of this Act.

SEC. 356. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLEGAL ALIENS IN 
              INCARCERATION FACILITY OF ANAHEIM, CALIFORNIA.

    (a) Authority.--The Attorney General may conduct a project 
demonstrating the feasibility of identifying, from among the 
individuals who are incarcerated in local governmental prison 
facilities prior to arraignment on criminal charges, those individuals 
who are aliens unlawfully present in the United States.
    (b) Description of Project.--The project authorized by subsection 
(a) shall include--
            (1) the detail to incarceration facilities within the city 
        of Anaheim, California and the county of Ventura, California, 
        of an employee of the Immigration and Naturalization Service 
        who has expertise in the identification of aliens unlawfully in 
        the United States, and
            (2) provision of funds sufficient to provide for--
                    (A) access for such employee to records of the 
                Service necessary to identify unlawful aliens, and
                    (B) in the case of an individual identified as an 
                unlawful alien, pre-arraignment reporting to the court 
                regarding the Service's intention to remove the alien 
                from the United States.
    (c) Termination.--The authority under this section shall cease to 
be effective 6 months after the date of the enactment of this Act.

SEC. 357. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL REENTRY, 
              AND PASSPORT AND VISA FRAUD.

    (a) Failing to Depart.--The United States Sentencing Commission 
shall promptly promulgate, pursuant to section 994 of title 28, United 
States Code, amendments to the sentencing guidelines to make 
appropriate increases in the base offense level for offenses under 
section 242(e) and 276(b) of the Immigration and Nationality Act (8 
U.S.C. 1252(e) and 1326(b)) to reflect the amendments made by section 
130001 of the Violent Crime Control and Law Enforcement Act of 1994.
    (b) Passport and Visa Offenses.--The United States Sentencing 
Commission shall promptly promulgate, pursuant to section 994 of title 
28, United States Code, amendments to the sentencing guidelines to make 
appropriate increases in the base offense level for offenses under 
chapter 75 of title 18, United States Code to reflect the amendments 
made by section 130009 of the Violent Crime Control and Law Enforcement 
Act of 1994.

SEC. 358. AUTHORIZATION OF ADDITIONAL FUNDS FOR REMOVAL OF ALIENS.

    In addition to the amounts otherwise authorized to be appropriated 
for each fiscal year beginning with fiscal year 1996, there are 
authorized to be appropriated to the Attorney General $150,000,000 for 
costs associated with the removal of inadmissible or deportable aliens, 
including costs of detention of such aliens pending their removal, the 
hiring of more investigators, and the hiring of more detention and 
deportation officers.

SEC. 359. APPLICATION OF ADDITIONAL CIVIL PENALTIES TO ENFORCEMENT.

    (a) In General.--Subsection (b) of section 280 (8 U.S.C. 1330(b)) 
is amended to read as follows:
    ``(b)(1) There is established in the general fund of the Treasury a 
separate account which shall be known as the `Immigration Enforcement 
Account'. Notwithstanding any other section of this title, there shall 
be deposited as offsetting receipts into the Immigration Enforcement 
Account amounts described in paragraph (2) to remain available until 
expended.
    ``(2) The amounts described in this paragraph are the following:
            ``(A) The increase in penalties collected resulting from 
        the amendments made by sections 203(b) and 543(a) of the 
        Immigration Act of 1990.
            ``(B) Civil penalties collected under sections 240B(d), 
        274C, 274D, and 275(b).
    ``(3)(A) The Secretary of the Treasury shall refund out of the 
Immigration Enforcement Account to any appropriation the amount paid 
out of such appropriation for expenses incurred by the Attorney General 
for activities that enhance enforcement of provisions of this title, 
including--
            ``(i) the identification, investigation, apprehension, 
        detention, and removal of criminal aliens;
            ``(ii) the maintenance and updating of a system to identify 
        and track criminal aliens, deportable aliens, inadmissible 
        aliens, and aliens illegally entering the United States; and
            ``(iii) for the repair, maintenance, or construction on the 
        United States border, in areas experiencing high levels of 
        apprehensions of illegal aliens, of structures to deter illegal 
        entry into the United States.
    ``(B) The amounts which are required to be refunded under 
subparagraph (A) shall be refunded at least quarterly on the basis of 
estimates made by the Attorney General of the expenses referred to in 
subparagraph (A). Proper adjustments shall be made in the amounts 
subsequently refunded under subparagraph (A) to the extent prior 
estimates were in excess of, or less than, the amount required to be 
refunded under subparagraph (A).
    ``(C) The amounts required to be refunded from the Immigration 
Enforcement Account for fiscal year 1996 and thereafter shall be 
refunded in accordance with estimates made in the budget request of the 
Attorney General for those fiscal years. Any proposed changes in the 
amounts designated in such budget requests shall only be made after 
notification to the Committees on Appropriations of the House of 
Representatives and the Senate in accordance with section 605 of Public 
Law 103-317.
    ``(D) The Attorney General shall prepare and submit annually to the 
Congress statements of financial condition of the Immigration 
Enforcement Account, including beginning account balance, revenues, 
withdrawals, and ending account balance and projection for the ensuing 
fiscal year.''.
    (b) Immigration User Fee Account.--Section 286(h)(1)(B) (8 U.S.C. 
1356(h)(1)(B)) is amended by striking ``271'' and inserting ``243(c), 
271,''.
    (c) Effective Date.--The amendments made by this section shall 
apply to fines and penalties collected on or after the date of the 
enactment of this Act.

SEC. 360. PRISONER TRANSFER TREATIES.

    (a) Negotiation.--Congress advises the President to begin to 
negotiate and renegotiate, not later than 90 days after the date of the 
enactment of this Act, bilateral prisoner transfer treaties. The focus 
of such negotiations shall be--
            (1) to expedite the transfer of aliens unlawfully in the 
        United States who are (or are about to be) incarcerated in 
        United States prisons,
            (2) to ensure that a transferred prisoner serves the 
        balance of the sentence imposed by the United States courts,
            (3) to eliminate any requirement of prisoner consent to 
        such a transfer, and
            (4) to allow the Federal Government or the States to keep 
        their original prison sentences in force so that transferred 
        prisoners who return to the United States prior to the 
        completion of their original United States sentences can be 
        returned to custody for the balance of their prison sentences.
In entering into such negotiations, the President may consider 
providing for appropriate compensation in cases where the United States 
is able to independently verify the adequacy of the sites where aliens 
will be imprisoned and the length of time the alien is actually 
incarcerated in the foreign country under such a treaty.
    (b) Certification.--The President shall submit to the Congress, 
annually, a certification as to whether each prisoner transfer treaty 
in force is effective in returning aliens unlawfully in the United 
States who have committed offenses for which they are incarcerated in 
the United States to their country of nationality for further 
incarceration.

SEC. 361. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

    (a) Operation and Purpose.--Subsection (a) of section 130002 of the 
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322) is amended to read as follows:
    ``(a) Operation and Purpose.--The Commissioner of Immigration and 
Naturalization shall, under the authority of section 242(a)(3)(A) of 
the Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a 
criminal alien identification system. The criminal alien identification 
system shall be used to assist Federal, State, and local law 
enforcement agencies in identifying and locating aliens who may be 
subject to removal by reason of their conviction of aggravated 
felonies, subject to prosecution under section 275 of such Act, not 
lawfully present in the United States, or otherwise removable. Such 
system shall include providing for recording of fingerprint records of 
aliens who have been previously arrested and removed into appropriate 
automated fingerprint identification systems.''.
    (b) Identification of Criminal Aliens Unlawfully Present in the 
United States.--Upon the request of the governor or chief executive 
officer of any State, the Immigration and Naturalization Service shall 
provide assistance to State courts in the identification of aliens 
unlawfully present in the United States pending criminal prosecution.

SEC. 362. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR CERTAIN 
              SECTION 274C VIOLATORS.

    (a) Exclusion Grounds.--Section 212 (8 U.S.C. 1182) is amended--
            (1) by amending subparagraph (F) of subsection (a)(6) to 
        read as follows:
                    ``(F) Subject of civil penalty.--
                            ``(i) In general.--An alien who is the 
                        subject of a final order for violation of 
                        section 274C is inadmissible.
                            ``(ii) Waiver authorized.--For provision 
                        authorizing waiver of clause (i), see 
                        subsection (d)(12).''; and
            (2) by adding at the end of subsection (d) the following 
        new paragraph:
    ``(12) The Attorney General may, in the discretion of the Attorney 
General for humanitarian purposes, to assure family unity, or when it 
is otherwise in the public interest, waive application of clause (i) of 
subsection (a)(6)(F)--
            ``(A) in the case of an alien lawfully admitted for 
        permanent residence who temporarily proceeded abroad 
        voluntarily and not under an order of deportation and who is 
        otherwise admissible to the United States as a returning 
        resident under section 211(b), and
            ``(B) in the case of an alien seeking admission or 
        adjustment of status under section 201(b)(2)(A) or under 
        section 203(a),
if the violation under section 274C was committed solely to assist, 
aid, or support the alien's spouse, parent, son, or daughter (and not 
another individual).''.
    (b) Ground of Deportation.--Subparagraph (C) of section 241(a)(3) 
(8 U.S.C. 1251(a)(3)), before redesignation by section 305(a)(2), is 
amended to read as follows:
                    ``(C) Document fraud.--
                            ``(i) In general.--An alien who is the 
                        subject of a final order for violation of 
                        section 274C is deportable.
                            ``(ii) Waiver authorized.--The Attorney 
                        General may waive clause (i) in the case of an 
                        alien lawfully admitted for permanent residence 
                        if the alien's civil money penalty under 
                        section 274C was incurred solely to assist, 
                        aid, or support the alien's spouse, parent, 
                        son, or daughter (and no other individual).''.

SEC. 363. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR 
              CRIMINAL PAROLE.

    Section 263(a) (8 U.S.C. 1303(a)) is amended by striking ``and 
(5)'' and inserting ``(5) aliens who are or have been on criminal 
probation or criminal parole within the United States, and (6)''.

SEC. 364. CONFIDENTIALITY PROVISION FOR CERTAIN ALIEN BATTERED SPOUSES 
              AND CHILDREN.

    (a) In General.--Except as provided in subsection (b), in no case 
may the Attorney General, or any other official or employee of the 
Department of Justice (including any bureau or agency of such 
Department)--
            (1) make an adverse determination of admissibility or 
        deportability of an alien under the Immigration and Nationality 
        Act using information furnished solely by--
                    (A) a spouse or parent who has battered the alien 
                or subjected the alien to extreme cruelty,
                    (B) a member of the spouse's or parent's family 
                residing in the same household as the alien who has 
                battered the alien or subjected the alien to extreme 
                cruelty when the spouse or parent consented to or 
                acquiesced in such battery or cruelty,
                    (C) a spouse or parent who has battered the alien's 
                child or subjected the alien's child to extreme cruelty 
                (without the active participation of the alien in the 
                battery or extreme cruelty), or
                    (D) a member of the spouse's or parent's family 
                residing in the same household as the alien who has 
                battered the alien's child or subjected the alien's 
                child to extreme cruelty when the spouse or parent 
                consented to or acquiesced in such battery or cruelty 
                and the alien did not actively participate in such 
                battery or cruelty,
        unless the alien has been convicted of a crime or crimes listed 
        in section 241(a)(2) of the Immigration and Nationality Act; or
            (2) permit use by or disclosure to anyone (other than a 
        sworn officer or employee of the Department, or bureau or 
        agency thereof, for legitimate Department, bureau, or agency 
        purposes) of any information which relates to an alien who is 
        the beneficiary of an application for relief under clause (iii) 
        or (iv) of section 204(a)(1)(A), clause (ii) or (iii) of 
        section 204(a)(1)(B), section 216(c)(4)(C), or section 
        244(a)(3) of such Act as an alien (or the parent of a child) 
        who has been battered or subjected to extreme cruelty.
The limitation under paragraph (2) ends when the application for relief 
is denied and all opportunities for appeal of the denial have been 
exhausted.
    (b) Exceptions.--
            (1) The Attorney General may provide, in the Attorney 
        General's discretion, for the disclosure of information in the 
        same manner and circumstances as census information may be 
        disclosed by the Secretary of Commerce under section 8 of title 
        13, United States Code.
            (2) The Attorney General may provide in the discretion of 
        the Attorney General for the disclosure of information to law 
        enforcement officials to be used solely for a legitimate law 
        enforcement purpose.
            (3) Subsection (a) shall not be construed as preventing 
        disclosure of information in connection with judicial review of 
        a determination in a manner that protects the confidentiality 
        of such information.
            (4) Subsection (a)(2) shall not apply if all the battered 
        individuals in the case are adults and they have all waived the 
        restrictions of such subsection.
    (c) Penalties for Violations.--Anyone who uses, publishes, or 
permits information to be disclosed in violation of this section shall 
be fined in accordance with title 18, United States Code, or imprisoned 
not more than 5 years, or both.

SEC. 365. AUTHORITY FOR STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE IN 
              DEPORTATION.

    Section 103 (8 U.S.C. 1103) is amended by adding at the end the 
following new subsection:
    ``(f)(1) The Attorney General may deputize any law enforcement 
officer of any State or of any political subdivision of any State to 
seek, apprehend, detain, and commit to the custody of an officer of the 
Department of Justice aliens subject to a final order of deportation or 
exclusion under this Act, if--
            ``(1) actions pursuant to such deputization are subject to 
        the direction and supervision of an officer of the Department 
        of Justice;
            ``(2) any deputization, its duration, an identification of 
        the supervising officer of the Department of Justice, and the 
        specific powers, privileges, and duties to be performed or 
        exercised are set forth in writing; and
            ``(3) the Governor of the State, or the chief elected or 
        appointed official of a political subdivision (as may be 
        appropriate) consents to the deputization.
    ``(2) No deputization under this subsection shall entitle any 
State, political subdivision, or individual to any compensation or 
reimbursement from the United States, except where the amount thereof 
and the entitlement thereto are set forth in the written deputization 
or where otherwise explicitly provided by law.''.

        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

SEC. 401. PILOT PROGRAM FOR VOLUNTARY USE OF EMPLOYMENT ELIGIBILITY 
              CONFIRMATION PROCESS.

    (a) Voluntary Election to Participate in Pilot Program Confirmation 
Mechanism.--
            (1) In general.--An employer (or a recruiter or referrer 
        subject to section 274A(a)(1)(B)(ii) of the Immigration and 
        Nationality Act) may elect to participate in the pilot program 
        for employment eligibility confirmation provided under this 
        section (such program in this section referred to as the 
        ``pilot program''). Except as specifically provided in this 
        section, the Attorney General is not authorized to require any 
        entity to participate in the program under this section. The 
        pilot program shall operate in at least 5 of the 7 States with 
        the highest estimated population of unauthorized aliens.
            (2) Effect of election.--The following provisions apply in 
        the case of an entity electing to participate in the pilot 
        program:
                    (A) Obligation to use confirmation mechanism.--The 
                entity agrees to comply with the confirmation mechanism 
                under subsection (c) to confirm employment eligibility 
                under the pilot program for all individuals covered 
                under the election in accordance with this section.
                    (B) Benefit of rebuttable presumption.--
                            (i) In general.--If the entity obtains 
                        confirmation of employment eligibility under 
                        the pilot program with respect to the hiring 
                        (or recruiting or referral that is subject to 
                        section 274A(a)(1)(B)(ii) of the Immigration 
                        and Nationality Act) of an individual for 
                        employment in the United States, the entity has 
                        established a rebuttable presumption that the 
                        entity has not violated section 274A(a)(1)(A) 
                        of the Immigration and Nationality Act with 
                        respect to such hiring (or such recruiting or 
                        referral).
                            (ii) Construction.--Clause (i) shall not be 
                        construed as preventing an entity that has an 
                        election in effect under this section from 
                        establishing an affirmative defense under 
                        section 274A(a)(3) of the Immigration and 
                        Nationality Act if the entity complies with the 
                        requirements of section 274A(a)(1)(B) of such 
                        Act but fails to comply with the obligations 
                        under subparagraph (A).
                    (C) Benefit of notice before employment-related 
                inspections.--The Immigration and Naturalization 
                Service, the Special Counsel for Immigration-Related 
                Unfair Employment Practices, and any other agency 
                authorized to inspect forms required to be retained 
                under section 274A of the Immigration and Nationality 
                Act or to search property for purposes of enforcing 
                such section shall provide at least 3 days notice prior 
                to such an inspection or search, except that such 
                notice is not required if the inspection or search is 
                conducted with an administrative or judicial subpoena 
                or warrant or under exigent circumstances.
            (3) General terms of elections.--
                    (A) In general.--An election under paragraph (1) 
                shall be in a form and manner and under such terms and 
                conditions as the Attorney General shall specify and 
                shall take effect as the Attorney General shall 
                specify. Such an election shall apply (under such terms 
                and conditions and as specified in the election) either 
                to all hiring (and all recruitment or referral that is 
                subject to section 274A(a)(1)(B)(ii) of the Immigration 
                and Nationality Act) by the entity during the period in 
                which the election is in effect or to hiring (or 
                recruitment or referral that is subject to section 
                274A(a)(1)(B)(ii) of the Immigration and Nationality 
                Act) in one or more States or one or more places of 
                such hiring (or such recruiting or referral, as the 
                case may be) covered by the election. The Attorney 
                General may not impose any fee as a condition of making 
                an election or participation in the pilot program under 
                this section.
                    (B) Acceptance of elections.--Except as otherwise 
                provided in this paragraph, the Attorney General shall 
                accept all elections made under paragraph (1). The 
                Attorney General may establish a process under which 
                entities seek to make elections in advance, in order to 
                permit the Attorney General the opportunity to identify 
                and develop appropriate resources to accommodate the 
                demand for participation in the pilot program under 
                this section.
                    (C) Rejection of elections.--The Attorney General 
                may reject an election by an entity under paragraph (1) 
                because the Attorney General has determined that there 
                are insufficient resources to provide services under 
                the pilot program for the entity.
                    (D) Termination of elections.--The Attorney General 
                may terminate an election by an entity under paragraph 
                (1) because the entity has substantially failed to 
                comply with the obligations of the entity under the 
                pilot program.
                    (E) Rescission of election.--An entity may rescind 
                an election made under this subsection in such form and 
                manner as the Attorney General shall specify.
    (b) Consultation, Education, and Publicity.--
            (1) Consultation.--The Attorney General shall closely 
        consult with representatives of employers (and recruiters and 
        referrers whose recruiting or referring is subject to section 
        274A(a)(1)(B)(ii) of the Immigration and Nationality Act) in 
        the development and implementation of the pilot program under 
        this section, including the education of employers (and such 
        recruiters and referrers) about the program.
            (2) Publicity.--The Attorney General shall widely publicize 
        the election process and pilot program under this section, 
        including the voluntary nature of the program and the 
        advantages to employers of making an election under subsection 
        (a).
            (3) Assistance through district offices.--The Attorney 
        General shall designate one or more individuals in each 
        District office of the Immigration and Naturalization Service--
                    (A) to inform entities that seek information about 
                the program of the voluntary nature of the program, and
                    (B) to assist entities in electing and 
                participating in the pilot program, in complying with 
                the requirements of section 274A of the Immigration and 
                Nationality Act, and in facilitating identification of 
                individuals authorized to be employed consistent with 
                such section.
    (c) Confirmation Process Under Pilot Program.--An entity that is 
participating in the pilot program agrees to conform to the following 
procedures in the case of a hiring (or recruiting or referral in the 
case of recruitment or referral that is subject to section 
274A(a)(1)(B)(ii) of the Immigration and Nationality Act) of each 
individual covered under the program for employment in the United 
States:
            (1) Provision of additional information.--The entity shall 
        obtain from the individual (and the individual shall provide) 
        and shall record on the form used for purposes of section 
        274A(b)(1)(A) of the Immigration and Nationality Act--
                    (A) the individual's social security account number 
                (if the individual has been issued such a number), and
                    (B) if the individual is an alien, such 
                identification or authorization number established by 
                the Service for the alien as the Attorney General shall 
                specify.
            (2) Seeking confirmation.--
                    (A) In general.--The entity shall make an inquiry, 
                under the confirmation mechanism established under 
                subsection (d), to seek confirmation of the identity, 
                applicable number (or numbers) described in section 
                274A(b)(2)(B) of the Immigration and Nationality Act, 
                and work eligibility of the individual, by not later 
                than the end of 3 working days (as specified by the 
                Attorney General) after the date of the hiring (or 
                recruitment or referral, as the case may be).
                    (B) Extension of time period.--If the entity in 
                good faith attempts to make an inquiry during such 3 
                working days and the confirmation mechanism has 
                registered that not all inquiries were responded to 
                during such time, the entity can make an inquiry in the 
                first subsequent working day in which the confirmation 
                mechanism registers no nonresponses and qualify for the 
                presumption. If the confirmation mechanism is not 
                responding to inquiries at all times during a day, the 
                entity merely has to assert that the entity attempted 
                to make the inquiry on that day for the previous 
                sentence to apply to such an inquiry, and does not have 
                to provide any additional proof concerning such 
                inquiry.
            (3) Confirmation.--
                    (A) In general.--If the entity receives an 
                appropriate confirmation of such identity, applicable 
                number or numbers, and work eligibility under the 
                confirmation mechanism within the time period specified 
                under subsection (d) after the time the confirmation 
                inquiry was received, the entity shall record on the 
                form used for purposes of section 274A(b)(1)(A) of the 
                Immigration and Nationality Act an appropriate code 
                indicating a confirmation of such identity, number or 
                numbers, and work eligibility.
                    (B) Failure to obtain confirmation.--If the entity 
                has made the inquiry described in paragraph (1) but has 
                received a nonconfirmation within the time period 
                specified--
                            (i) the presumption under subsection 
                        (a)(2)(B) shall not be considered to apply, and
                            (ii) if the entity nonetheless continues to 
                        employ (or recruits or refers, if such 
                        recruitment or referral is subject to section 
                        274A(a)(1)(B)(ii) of the Immigration and 
                        Nationality Act) the individual for employment 
                        in the United States, the entity shall notify 
                        the Attorney General of such fact through the 
                        confirmation mechanism or in such other manner 
                        as the Attorney General may specify.
                    (C) Consequences.--
                            (i) Failure to notify.--If the entity fails 
                        to provide notice with respect to an individual 
                        as required under subparagraph (B)(ii), the 
                        failure is deemed to constitute a violation of 
                        section 274A(a)(1)(A) of the Immigration and 
                        Nationality Act with respect to that 
                        individual.
                            (ii) Continued employment.--If the entity 
                        provides notice under subparagraph (B)(ii) with 
                        respect to an individual, the entity has the 
                        burden of proof, for purposes of applying 
                        section 274A(a)(1)(A) of the Immigration and 
                        Nationality Act with respect to such entity and 
                        individual, of establishing that the individual 
                        is not an unauthorized alien (as defined in 
                        section 274A(h)(3) of such Act).
                            (iii) No application to criminal penalty.--
                        Clauses (i) and (ii) shall not apply in any 
                        prosecution under section 274A(f)(1) of the 
                        Immigration and Nationality Act.
    (d) Employment Eligibility Pilot Confirmation Mechanism.--
            (1) In general.--The Attorney General shall establish a 
        pilot program confirmation mechanism (in this section referred 
        to as the ``confirmation mechanism'') through which the 
        Attorney General (or a designee of the Attorney General which 
        may include a nongovernmental entity)--
                    (A) responds to inquiries by electing entities, 
                made at any time through a toll-free telephone line or 
                other electronic media in the form of an appropriate 
                confirmation code or otherwise, on whether an 
                individual is authorized to be employed, and
                    (B) maintains a record that such an inquiry was 
                made and the confirmation provided (or not provided).
        To the extent practicable, the Attorney General shall seek to 
        establish such a mechanism using one or more nongovernmental 
        entities. For purposes of this section, the Attorney General 
        (or a designee of the Attorney General) shall provide through 
        the confirmation mechanism confirmation or a tentative 
        nonconfirmation of an individual's employment eligibility 
        within 3 working days of the initial inquiry.
            (2) Expedited procedure in case of non-confirmation.--In 
        connection with paragraph (1), the Attorney General shall 
        establish, in consultation with the Commissioner of Social 
        Security and the Commissioner of the Immigration and 
        Naturalization Service, expedited procedures that shall be used 
        to confirm the validity of information used under the 
        confirmation mechanism in cases in which the confirmation is 
        sought but is not provided through the confirmation mechanism.
            (3) Design and operation of mechanism.--The confirmation 
        mechanism shall be designed and operated--
                    (A) to maximize the reliability of the confirmation 
                process, and the ease of use by entities making 
                elections under subsection (a) consistent with 
                insulating and protecting the privacy and security of 
                the underlying information, and
                    (B) to respond to all inquiries made by such 
                entities on whether individuals are authorized to be 
                employed registering all times when such response is 
                not possible.
            (4) Confirmation process.--
                    (A) Confirmation of validity of social security 
                account number.--As part of the confirmation mechanism, 
                the Commissioner of Social Security, in consultation 
                with the entity responsible for administration of the 
                mechanism, shall establish a reliable, secure method, 
                which within the time period specified under paragraph 
                (1), compares the name and social security account 
                number provided against such information maintained by 
                the Commissioner in order to confirm (or not confirm) 
                the validity of the information provided and whether 
                the individual has presented a social security account 
                number that is not valid for employment. The 
                Commissioner shall not disclose or release social 
                security information.
                    (B) Confirmation of alien authorization.--As part 
                of the confirmation mechanism, the Commissioner of the 
                Service, in consultation with the entity responsible 
                for administration of the mechanism, shall establish a 
                reliable, secure method, which, within the time period 
                specified under paragraph (1), compares the name and 
                alien identification or authorization number (if any) 
                described in subsection (c)(1)(B) provided against such 
                information maintained by the Commissioner in order to 
                confirm (or not confirm) the validity of the 
                information provided and whether the alien is 
                authorized to be employed in the United States.
                    (C) Process in case of tentative nonconfirmation.--
                In cases of tentative nonconfirmation, the Attorney 
                General shall specify, in consultation with the 
                Commissioner of Social Security and the Commissioner of 
                the Immigration and Naturalization Service, an 
                expedited time period not to exceed 10 working days 
                after the date of the tentative nonconfirmation within 
                which final confirmation or denial must be provided 
                through the confirmation mechanism in accordance with 
                the procedures under paragraph (2).
                    (D) Updating information.--The Commissioners shall 
                update their information in a manner that promotes the 
                maximum accuracy and shall provide a process for the 
                prompt correction of erroneous information.
            (5) Protections.--(A) In no case shall an employer 
        terminate employment of an individual because of a failure of 
        the individual to have work eligibility confirmed under this 
        section, until after the end of the 10-working-day period in 
        which a final confirmation or nonconfirmation is being sought 
        under paragraph (4)(C). Nothing in this subparagraph shall 
        apply to a termination of employment for any reason other than 
        because of such a failure.
            (B) The Attorney General shall assure that there is a 
        timely and accessible process to challenge nonconfirmations 
        made through the mechanism.
            (C) If an individual would not have been dismissed from a 
        job but for an error of the confirmation mechanism, the 
        individual will be entitled to compensation through the 
        mechanism of the Federal Tort Claims Act.
            (6) Protection from liability for actions taken on the 
        basis of information provided by the employment eligibility 
        confirmation mechanism.--No person shall be civilly or 
        criminally liable under any law (including the Civil Rights Act 
        of 1964, the Americans with Disabilities Act of 1990, the Fair 
        Labor Standards Act of 1938, or the Age Discrimination in 
        Employment Act of 1967) for any action taken in good faith 
        reliance on information provided through the employment 
        eligibility confirmation mechanism established under this 
        subsection.
            (7) Multiple mechanisms permitted.--Nothing in this 
        subsection shall be construed as preventing the Attorney 
        General from experimenting with different mechanisms for 
        different entities.
    (e) Select Entities Required to Participate in Pilot Program.--
            (1) Federal government.--Each entity of the Federal 
        Government that is subject to the requirements of section 274A 
        of the Immigration and Nationality Act (including the 
        Legislative and Executive Branches of the Federal Government) 
        shall participate in the pilot program under this section and 
        shall comply with the terms and conditions of such an election.
            (2) Application to certain violators.--An order under 
        section 274A(e)(4) or section 274B(g)(2)(B) of the Immigration 
        and Nationality Act may require the subject of the order to 
        participate in the pilot program and comply with the 
        requirements of subsection (c).
            (3) Consequence of failure to participate.--If an entity is 
        required under this subsection to participate in the pilot 
        program and fails to comply with the requirements of subsection 
        (c) with respect to an individual such failure shall be treated 
        as a violation of section 274A(a)(1)(B) of the Immigration and 
        Nationality Act with respect to that individual.
    (f) Program Initiation; Reports; Termination.--
            (1) Initiation of program.--The Attorney General shall 
        implement the pilot program in a manner that permits entities 
        to have elections under subsection (a) made and in effect by 
        not later than 1 year after the date of the enactment of this 
        Act.
            (2) Reports.--The Attorney General shall submit to Congress 
        annual reports on the pilot program under this section at the 
        end of each year in which the program is in effect. The last 
        two such reports shall each include recommendations on whether 
        or not the pilot program should be continued or modified and on 
        benefits to employers and enforcement of section 274A of the 
        Immigration and Nationality Act obtained from use of the pilot 
        program.
            (3) Termination.--Unless the Congress otherwise provides, 
        the Attorney General shall terminate the pilot program under 
        this section at the end of the third year in which it is in 
        effect under this section.
    (g) Construction.--This section shall not affect the authority of 
the Attorney General under other law (including section 274A(d)(4) of 
the Immigration and Nationality Act) to conduct demonstration projects 
in relation to section 274A of such Act.
    (h) Limitation on Use of the Confirmation Process and Any Related 
Mechanisms.--Notwithstanding any other provision of law, nothing in 
this section shall be construed to permit or allow any department, 
bureau, or other agency of the United States Government to utilize any 
information, data base, or other records assembled under this section 
for any other purpose other than as provided for under the pilot 
program under this section.

SEC. 402. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS OF 
              PAPERWORK REQUIREMENTS.

    (a) In General.--Section 274A(e)(1) (8 U.S.C. 1324a(e)(1)) is 
amended--
            (1) by striking ``and'' at the end of subparagraph (C),
            (2) by striking the period at the end of subparagraph (D) 
        and inserting ``, and'', and
            (3) by adding at the end the following new subparagraph:
                    ``(E) under which a person or entity shall not be 
                considered to have failed to comply with the 
                requirements of subsection (b) based upon a technical 
                or procedural failure to meet a requirement of such 
                subsection in which there was a good faith attempt to 
                comply with the requirement unless (i) the Service (or 
                another enforcement agency) has explained to the person 
                or entity the basis for the failure, (ii) the person or 
                entity has been provided a period of not less than 10 
                business days (beginning after the date of the 
                explanation) within which to correct the failure, and 
                (iii) the person or entity has not corrected the 
                failure voluntarily within such period, except that 
                this subparagraph shall not apply with respect to the 
                engaging by any person or entity of a pattern or 
                practice of violations of subsection (a)(1)(A) or 
                (a)(2).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to failures occurring on or after the date of the enactment of 
this Act.

SEC. 403. PAPERWORK AND OTHER CHANGES IN THE EMPLOYER SANCTIONS 
              PROGRAM.

    (a) Reducing to 6 the Number of Documents Accepted for Employment 
Verification.--Section 274A(b) (8 U.S.C. 1324a(b)) is amended--
            (1) in paragraph (1)(B)--
                    (A) by adding ``or'' at the end of clause (i),
                    (B) by striking clauses (ii) through (iv), and
                    (C) in clause (v), by striking ``or other alien 
                registration card, if the card'' and inserting ``, 
                alien registration card, or other document designated 
                by regulation by the Attorney General, if the 
                document'' and redesignating such clause as clause 
                (ii); and
            (2) by amending subparagraph (C) of paragraph (1) to read 
        as follows:
                    ``(C) Social security account number card as 
                evidence of employment authorization.--A document 
                described in this subparagraph is an individual's 
                social security account number card (other than such a 
                card which specifies on the face that the issuance of 
                the card does not authorize employment in the United 
                States).''.
    (b) Reduction of Paperwork for Certain Employees.--Section 274A(a) 
(8 U.S.C. 1324a(a)) is amended by adding at the end the following new 
paragraph:
            ``(6) Treatment of documentation for certain employees.--
                    ``(A) In general.--For purposes of paragraphs 
                (1)(B) and (3), if--
                            ``(i) an individual is a member of a 
                        collective-bargaining unit and is employed, 
                        under a collective bargaining agreement entered 
                        into between one or more employee organizations 
                        and an association of two or more employers, by 
                        an employer that is a member of such 
                        association, and
                            ``(ii) within the period specified in 
                        subparagraph (B), another employer that is a 
                        member of the association (or an agent of such 
                        association on behalf of the employer) has 
                        complied with the requirements of subsection 
                        (b) with respect to the employment of the 
                        individual,
                the subsequent employer shall be deemed to have 
                complied with the requirements of subsection (b) with 
                respect to the hiring of the employee and shall not be 
                liable for civil penalties described in subsection 
                (e)(5).
                    ``(B) Period.--The period described in this 
                subparagraph is--
                            ``(i) up to 5 years in the case of an 
                        individual who has presented documentation 
                        identifying the individual as a national of the 
                        United States or as an alien lawfully admitted 
                        for permanent residence; or
                            ``(ii) up to 3 years (or, if less, the 
                        period of time that the individual is 
                        authorized to be employed in the United States) 
                        in the case of another individual.
                    ``(C) Liability.--
                            ``(i) In general.--If any employer that is 
                        a member of an association hires for employment 
                        in the United States an individual and relies 
                        upon the provisions of subparagraph (A) to 
                        comply with the requirements of subsection (b) 
                        and the individual is an unauthorized alien, 
                        then for the purposes of paragraph (1)(A), 
                        subject to clause (ii), the employer shall be 
                        presumed to have known at the time of hiring or 
                        afterward that the individual was an 
                        unauthorized alien.
                            ``(ii) Rebuttal of presumption.--The 
                        presumption established by clause (i) may be 
                        rebutted by the employer only through the 
                        presentation of clear and convincing evidence 
                        that the employer did not know (and could not 
                        reasonably have known) that the individual at 
                        the time of hiring or afterward was an 
                        unauthorized alien.''.
    (c) Elimination of Dated Provisions.--Section 274A (8 U.S.C. 1324a) 
is amended by striking subsections (i) through (n).
    (d) Clarification of Application to Federal Government.--Section 
274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the end the 
following new paragraph:
            ``(5) Application to federal government.--For purposes of 
        this section, the term `entity' includes an entity in any 
        Branch of the Federal Government.''.
    (e) Effective Dates.--
            (1) Except as provided in this subsection, the amendments 
        made by this section shall apply with respect to hiring (or 
        recruiting or referring) occurring on or after such date (not 
        later than 180 days after the date of the enactment of this 
        Act) as the Attorney General shall designate.
            (2) The amendments made by subsections (a)(1) and (a)(2) 
        shall apply with respect to the hiring (or recruiting or 
        referring) occurring on or after such date (not later than 18 
        months after the date of the enactment of this Act) as the 
        Attorney General shall designate.
            (3) The amendment made by subsection (b) shall apply to 
        individuals hired on or after 60 days after the date of the 
        enactment of this Act.
            (4) The amendment made by subsection (c) shall take effect 
        on the date of the enactment of this Act.
            (5) The amendment made by subsection (d) applies to hiring 
        occurring before, on, or after the date of the enactment of 
        this Act, but no penalty shall be imposed under section 274A(e) 
        of the Immigration and Nationality Act for such hiring 
        occurring before such date.
    (f) Implementation of Electronic Storage of I-9 Forms.--Not later 
than 180 days after the date of the enactment of this Act, the Attorney 
General shall issue regulations which shall provide for the electronic 
storage of forms used in satisfaction of the requirements of section 
274A(b)(3) of the Immigration and Nationality Act.

SEC. 404. STRENGTHENED ENFORCEMENT OF THE EMPLOYER SANCTIONS 
              PROVISIONS.

    (a) In General.--The number of full-time equivalent positions in 
the Investigations Division within the Immigration and Naturalization 
Service of the Department of Justice beginning in fiscal year 1997 
shall be increased by 500 positions above the number of full-time 
equivalent positions available to such Division as of September 30, 
1995.
    (b) Assignment.--Individuals employed to fill the additional 
positions described in subsection (a) shall be assigned to investigate 
violations of the employer sanctions provisions contained in section 
274A of the Immigration and Nationality Act.
    (c) Priority for Worksite Enforcement.--
            (1) In general.--In addition to its efforts on border 
        control and easing the worker verification process, the 
        Attorney General shall make worksite enforcement of employer 
        sanctions a top priority of the Immigration and Naturalization 
        Service.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Attorney General shall submit to 
        Congress a report on any additional authority or resources 
        needed--
                    (A) by the Immigration and Naturalization Service 
                in order to enforce section 274A of the Immigration and 
                Nationality Act, or
                    (B) by Federal agencies in order to carry out the 
                Executive Order of February 13, 1996 (entitled 
                ``Economy and Efficiency in Government Procurement 
                Through Compliance with Certain Immigration and 
                Naturalization Act Provisions'') and to expand the 
                restrictions in such Order to cover agricultural 
                subsidies, grants, job training programs, and other 
                Federally subsidized assistance programs.

SEC. 405. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO WORK.

    Subsection (c) of section 290 (8 U.S.C. 1360) is amended to read as 
follows:
    ``(c)(1) Not later than 3 months after the end of each fiscal year 
(beginning with fiscal year 1996), the Commissioner of Social Security 
shall report to the Committees on the Judiciary of the House of 
Representatives and the Senate on the aggregate number of social 
security account numbers issued to aliens not authorized to be employed 
to which earnings were reported to the Social Security Administration 
in such fiscal year.
    ``(2) If earnings are reported on or after January 1, 1997, to the 
Social Security Administration on a social security account number 
issued to an alien not authorized to work in the United States, the 
Commissioner of Social Security shall provide the Attorney General with 
information regarding the name and address of the alien, the name and 
address of the person reporting the earnings, and the amount of the 
earnings. The information shall be provided in an electronic form 
agreed upon by the Commissioner and the Attorney General.''.

SEC. 406. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON ALIENS.

    Section 264 (8 U.S.C. 1304) is amended by adding at the end the 
following new subsection:
    ``(f) Notwithstanding any other provision of law, the Attorney 
General is authorized to require any alien to provide the alien's 
social security account number for purposes of inclusion in any record 
of the alien maintained by the Attorney General or the Service.''.

SEC. 407. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

    (a) Requiring Certain Remedies in Unfair Immigration-Related 
Discrimination Orders.--Section 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is 
amended--
            (1) in subparagraph (A), by adding at the end the 
        following: ``Such order also shall require the person or entity 
        to comply with the requirements of clauses (ii) and (vi) of 
        subparagraph (B).'';
            (2) in subparagraph (B), by striking ``Such an order'' and 
        inserting ``Subject to the second sentence of subparagraph (A), 
        such an order''; and
            (3) in subparagraph (B)(vi), by inserting before the 
        semicolon at the end the following: ``and to certify the fact 
        of such education''.
    (b) Treatment of Certain Documentary Practice as Employment 
Practices.--Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is amended--
            (1) by striking ``For'' and inserting ``(A) Subject to 
        subparagraph (B), for'', and
            (2) by adding at the end the following new subparagraph:
            ``(B) A person or other entity--
                    ``(i) may request a document proving a renewal of 
                employment authorization when an individual has 
                previously submitted a time-limited document to satisfy 
                the requirements of section 274A(b)(1); or
                    ``(ii) if possessing reason to believe that an 
                individual presenting a document which reasonably 
                appears on its face to be genuine is nonetheless an 
                unauthorized alien, may (I) inform the individual of 
                the question about the document's validity, and of such 
                person or other entity's intention to verify the 
                validity of such document, and (II) upon receiving 
                confirmation that the individual is unauthorized to 
                work, may dismiss the individual.
        Nothing in this provision prohibits an individual from offering 
        alternative documents that satisfy the requirements of section 
        274A(b)(1).''.
    (c) Effective Date.--The amendments made by subsection (a) shall 
apply to orders issued on or after the first day of the first month 
beginning at least 90 days after the date of the enactment of this Act.

              TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM

                          Subtitle A--Refugees

SEC. 501. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL 
              METHODS.

    (a) Definition of Refugee.--Section 101(a)(42) (8 U.S.C. 
1101(a)(42)) is amended by adding at the end the following: ``For 
purposes of determinations under this Act, a person who has been forced 
to abort a pregnancy or to undergo involuntary sterilization, or who 
has been persecuted for failure or refusal to undergo such a procedure 
or for other resistance to a coercive population control program, shall 
be deemed to have been persecuted on account of political opinion, and 
a person who has a well founded fear that he or she will be forced to 
undergo such a procedure or subject to persecution for such failure, 
refusal, or resistance shall be deemed to have a well founded fear of 
persecution on account of political opinion.''.
    (b) Numerical Limitation.--Section 207(a) (8 U.S.C. 1157(a)), as 
amended by section 512(b), is amended by adding at the end the 
following new paragraph:
    ``(4) For any fiscal year, not more than a total of 1,000 refugees 
may be admitted under this subsection or granted asylum under section 
208 pursuant to a determination under the last sentence of section 
101(a)(42) (relating to persecution for resistance to coercive 
population control methods).''.

                       Subtitle B--Asylum Reform

SEC. 511. ASYLUM REFORM.

    (a) Asylum Reform.--Section 208 (8 U.S.C. 1158) is amended to read 
as follows:

                                ``asylum

    ``Sec. 208. (a) Authority To Apply for Asylum.--
            ``(1) In general.--Any alien who is physically present in 
        the United States or who arrives in the United States (whether 
        or not at a designated port of arrival), irrespective of such 
        alien's status, may apply for asylum in accordance with this 
        section.
            ``(2) Exceptions.--
                    ``(A) Safe third country.--Paragraph (1) shall not 
                apply to an alien if the Attorney General determines 
                that the alien may be removed, including pursuant to a 
                bilateral or multilateral agreement, to a country 
                (other than the country of the alien's nationality or, 
                in the case of an alien having no nationality, the 
                country of the alien's last habitual residence) in 
                which the alien's life or freedom would not be 
                threatened on account of race, religion, nationality, 
                membership in a particular social group, or political 
                opinion, and where the alien would have access to a 
                full and fair procedure for determining a claim to 
                asylum or equivalent temporary protection, unless the 
                Attorney General finds that it is in the public 
                interest for the alien to receive asylum in the United 
                States.
                    ``(B) Time limit.--Paragraph (1) shall not apply to 
                an alien unless the alien demonstrates by clear and 
                convincing evidence that the application has been filed 
                within 180 days after the alien's arrival in the United 
                States.
                    ``(C) Previous asylum applications.--Paragraph (1) 
                shall not apply to an alien if the alien has previously 
                applied for asylum and had such application denied.
                    ``(D) Changed conditions.--An application for 
                asylum of an alien may be considered, notwithstanding 
                subparagraphs (B) and (C), if the alien demonstrates to 
                the satisfaction of the Attorney General the existence 
                of fundamentally changed circumstances which affect the 
                applicant's eligibility for asylum.
            ``(3) Limitation on judicial review.--No court shall have 
        jurisdiction to review a determination of the Attorney General 
        under paragraph (2).
    ``(b) Conditions for Granting Asylum.--
            ``(1) In general.--The Attorney General may grant asylum to 
        an alien who has applied for asylum in accordance with the 
        requirements and procedures established by the Attorney General 
        under this section if the Attorney General determines that such 
        alien is a refugee within the meaning of section 101(a)(42)(A).
            ``(2) Exceptions.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                an alien if the Attorney General determines that--
                            ``(i) the alien ordered, incited, assisted, 
                        or otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion;
                            ``(ii) the alien, having been convicted by 
                        a final judgment of a particularly serious 
                        crime, constitutes a danger to the community of 
                        the United States;
                            ``(iii) there are serious reasons for 
                        believing that the alien has committed a 
                        serious nonpolitical crime outside the United 
                        States prior to the arrival of the alien in the 
                        United States;
                            ``(iv) there are reasonable grounds for 
                        regarding the alien as a danger to the security 
                        of the United States;
                            ``(v) the alien is inadmissible under 
                        subclause (I), (II), (III), or (IV) of section 
                        212(a)(3)(B)(i) or removable under section 
                        237(a)(4)(B) (relating to terrorist activity), 
                        unless, in the case only of an alien 
                        inadmissible under subclause (IV) of section 
                        212(a)(3)(B)(i), the Attorney General 
                        determines, in the Attorney General's 
                        discretion, that there are not reasonable 
                        grounds for regarding the alien as a danger to 
                        the security of the United States; or
                            ``(vi) the alien was firmly resettled in 
                        another country prior to arriving in the United 
                        States.
                    ``(B) Special rules.--
                            ``(i) Conviction of aggravated felony.--For 
                        purposes of clause (ii) of subparagraph (A), an 
                        alien who has been convicted of an aggravated 
                        felony shall be considered to have been 
                        convicted of a particularly serious crime.
                            ``(ii) Offenses.--The Attorney General may 
                        designate by regulation offenses that will be 
                        considered to be a crime described in clause 
                        (ii) or (iii) of subparagraph (A).
                    ``(C) Additional limitations.--The Attorney General 
                may by regulation establish additional limitations and 
                conditions under which an alien shall be ineligible for 
                asylum under paragraph (1).
                    ``(D) No judicial review.--There shall be no 
                judicial review of a determination of the Attorney 
                General under subparagraph (A)(v).
            ``(3) Treatment of spouse and children.--A spouse or child 
        (as defined in section 101(b)(1)(A), (B), (C), (D), or (E)) of 
        an alien who is granted asylum under this subsection may, if 
        not otherwise eligible for asylum under this section, be 
        granted the same status as the alien if accompanying, or 
        following to join, such alien.
    ``(c) Asylum Status.--
            ``(1) In general.--In the case of an alien granted asylum 
        under subsection (b), the Attorney General--
                    ``(A) shall not remove or return the alien to the 
                alien's country of nationality or, in the case of a 
                person having no nationality, the country of the 
                alien's last habitual residence;
                    ``(B) shall authorize the alien to engage in 
                employment in the United States and provide the alien 
                with appropriate endorsement of that authorization; and
                    ``(C) may allow the alien to travel abroad with the 
                prior consent of the Attorney General.
            ``(2) Termination of asylum.--Asylum granted under 
        subsection (b) does not convey a right to remain permanently in 
        the United States, and may be terminated if the Attorney 
        General determines that--
                    ``(A) the alien no longer meets the conditions 
                described in subsection (b)(1) owing to a fundamental 
                change in circumstances;
                    ``(B) the alien meets a condition described in 
                subsection (b)(2);
                    ``(C) the alien may be removed, including pursuant 
                to a bilateral or multilateral agreement, to a country 
                (other than the country of the alien's nationality or, 
                in the case of an alien having no nationality, the 
                country of the alien's last habitual residence) in 
                which the alien cannot establish that it is more likely 
                than not that the alien's life or freedom would be 
                threatened on account of race, religion, nationality, 
                membership in a particular social group, or political 
                opinion, and where the alien is eligible to receive 
                asylum or equivalent temporary protection;
                    ``(D) the alien has voluntarily availed himself or 
                herself of the protection of the alien's country of 
                nationality or, in the case of an alien having no 
                nationality, the alien's country of last habitual 
                residence, by returning to such country with permanent 
                resident status or the reasonable possibility of 
                obtaining such status with the same rights and 
                obligations pertaining to other permanent residents of 
                that country; or
                    ``(E) the alien has acquired a new nationality and 
                enjoys the protection of the country of his new 
                nationality.
            ``(3) Removal when asylum is terminated.--An alien 
        described in paragraph (2) is subject to any applicable grounds 
        of inadmissibility or deportability under section 212(a) and 
        237(a), and the alien's removal or return shall be directed by 
        the Attorney General in accordance with sections 240 and 241.
            ``(4) Limitation on judicial review.--No court shall have 
        jurisdiction to review a determination of the Attorney General 
        under paragraph (2).
    ``(d) Asylum Procedure.--
            ``(1) Applications.--The Attorney General shall establish a 
        procedure for the consideration of asylum applications filed 
        under subsection (a). An application for asylum shall not be 
        considered unless the alien submits fingerprints and a 
        photograph in a manner to be determined by regulation by the 
        Attorney General.
            ``(2) Employment.--An applicant for asylum is not entitled 
        to employment authorization, but such authorization may be 
        provided under regulation by the Attorney General. An applicant 
        who is not otherwise eligible for employment authorization 
        shall not be granted such authorization prior to 180 days after 
        the date of filing of the application for asylum.
            ``(3) Fees.--The Attorney General may impose fees for the 
        consideration of an application for asylum, for employment 
        authorization under this section, and for adjustment of status 
        under section 209(b). Such fees shall not exceed the Attorney 
        General's costs in adjudicating the applications. The Attorney 
        General may provide for the assessment and payment of such fees 
        over a period of time or by installments. Nothing in this 
        paragraph shall be construed to require the Attorney General to 
        charge fees for adjudication services provided to asylum 
        applicants, or to limit the authority of the Attorney General 
        to set adjudication and naturalization fees in accordance with 
        section 286(m).
            ``(4) Notice of privilege of counsel and consequences of 
        frivolous application.--At the time of filing an application 
        for asylum, the Attorney General shall--
                    ``(A) advise the alien of the privilege of being 
                represented by counsel and of the consequences, under 
                paragraph (6), of knowingly filing a frivolous 
                application for asylum; and
                    ``(B) provide the alien a list of persons (updated 
                not less often than quarterly) who have indicated their 
                availability to represent aliens in asylum proceedings 
                on a pro bono basis.
            ``(5) Consideration of asylum applications.--
                    ``(A) Procedures.--The procedure established under 
                paragraph (1) shall provide that--
                            ``(i) asylum cannot be granted until the 
                        identity of the applicant has been checked 
                        against all appropriate records or databases 
                        maintained by the Attorney General and by the 
                        Secretary of State, including the Automated 
                        Visa Lookout System, to determine any grounds 
                        on which the alien may be inadmissible to or 
                        deportable from the United States, or 
                        ineligible to apply for or be granted asylum;
                            ``(ii) in the absence of exceptional 
                        circumstances, the initial interview or hearing 
                        on the asylum application shall commence not 
                        later than 45 days after the date an 
                        application is filed;
                            ``(iii) in the absence of exceptional 
                        circumstances, final administrative 
                        adjudication of the asylum application, not 
                        including administrative appeal, shall be 
                        completed within 180 days after the date an 
                        application is filed;
                            ``(iv) any administrative appeal shall be 
                        filed within 30 days of a decision granting or 
                        denying asylum, or within 30 days of the 
                        completion of removal proceedings before an 
                        immigration judge under section 240, whichever 
                        is later; and
                            ``(v) in the case of an applicant for 
                        asylum who fails without prior authorization or 
                        in the absence of exceptional circumstances to 
                        appear for an interview or hearing, including a 
                        hearing under section 240, the application may 
                        be dismissed or the applicant may be otherwise 
                        sanctioned for such failure.
                    ``(B) Additional regulatory conditions.--The 
                Attorney General may provide by regulation for any 
                other conditions or limitations on the consideration of 
                an application for asylum not inconsistent with this 
                Act.
            ``(6) Frivolous applications.--
                    ``(A) In general.--If the Attorney General 
                determines that an alien has knowingly made a frivolous 
                application for asylum and the alien has received the 
                notice under paragraph (4)(A), the alien shall be 
                permanently ineligible for any benefits under this Act, 
                effective as of the date of a final determination on 
                such application.
                    ``(B) Material misrepresentations.--An application 
                shall be considered to be frivolous if the Attorney 
                General determines that the application contains a 
                willful misrepresentation or concealment of a material 
                fact.
            ``(7) No private right of action.--Nothing in this 
        subsection shall be construed to create any substantive or 
        procedural right or benefit that is legally enforceable by any 
        party against the United States or its agencies or officers or 
        any other person.''.
    (b) Conforming and Clerical Amendments.--
            (1) The item in the table of contents relating to section 
        208 is amended to read as follows:

``Sec. 208. Asylum.''.
            (2) Section 104(d)(1)(A) of the Immigration Act of 1990 
        (Public Law 101-649) is amended by striking ``208(b)'' and 
        inserting ``208''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to applications for asylum filed on or after the first day of the 
first month beginning more than 180 days after the date of the 
enactment of this Act.

SEC. 512. FIXING NUMERICAL ADJUSTMENTS FOR ASYLEES AT 10,000 EACH YEAR.

    (a) In General.--Section 209(b) (8 U.S.C. 1159(b)) is amended by 
striking ``Not more than'' and all that follows through ``adjust'' and 
inserting the following: ``The Attorney General, in the Attorney 
General's discretion and under such regulations as the Attorney General 
may prescribe, and in a number not to exceed 10,000 aliens in any 
fiscal year, may adjust''.
    (b) Conforming Amendment.--Section 207(a) (8 U.S.C. 1157(a)) is 
amended by striking paragraph (4).
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 1996.

SEC. 513. INCREASE IN ASYLUM OFFICERS.

    Subject to the availability of appropriations, the Attorney General 
shall provide for an increase in the number of asylum officers to at 
least 600 asylum officers by fiscal year 1997.

             TITLE VI--RESTRICTIONS ON BENEFITS FOR ALIENS

SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE AND 
              IMMIGRATION.

    The Congress makes the following statements concerning national 
policy with respect to welfare and immigration:
            (1) Self-sufficiency has been a basic principle of United 
        States immigration law since this country's earliest 
        immigration statutes.
            (2) It continues to be the immigration policy of the United 
        States that--
                    (A) aliens within the nation's borders not depend 
                on public resources to meet their needs, but rather 
                rely on their own capabilities and the resources of 
                their families, their sponsors, and private 
                organizations, and
                    (B) the availability of public benefits not 
                constitute an incentive for immigration to the United 
                States.
            (3) Despite the principle of self-sufficiency, aliens have 
        been applying for and receiving public benefits from Federal, 
        State, and local governments at increasing rates.
            (4) Current eligibility rules for public assistance and 
        unenforceable financial support agreements have proved wholly 
        incapable of assuring that individual aliens not burden the 
        public benefits system.
            (5) It is a compelling government interest to enact new 
        rules for eligibility and sponsorship agreements in order to 
        assure that aliens be self-reliant in accordance with national 
        immigration policy.
            (6) It is a compelling government interest to remove the 
        incentive for illegal immigration provided by the availability 
        of public benefits.
            (7) With respect to the State authority to make 
        determinations concerning the eligibility of aliens for public 
        benefits, a State that chooses to follow the Federal 
        classification in determining the eligibility of such aliens 
        for public assistance shall be considered to have chosen the 
        least restrictive means available for achieving the compelling 
        government interest of assuring that aliens be self-reliant in 
        accordance with national immigration policy.

     Subtitle A--Eligibility of Illegal Aliens for Public Benefits

                   PART 1--PUBLIC BENEFITS GENERALLY

SEC. 601. MAKING ILLEGAL ALIENS INELIGIBLE FOR PUBLIC ASSISTANCE, 
              CONTRACTS, AND LICENSES.

    (a) Federal Programs.--Notwithstanding any other provision of law, 
except as provided in section 603, any alien who is not lawfully 
present in the United States shall not be eligible for any of the 
following:
            (1) Federal assistance programs.--To receive any benefits 
        under any program of assistance provided or funded, in whole or 
        in part, by the Federal Government for which eligibility (or 
        the amount of assistance) is based on financial need.
            (2) Federal contracts or licenses.--To receive any grant, 
        to enter into any contract or loan agreement, or to be issued 
        (or have renewed) any professional or commercial license, if 
        the grant, contract, loan, or license is provided or funded by 
        any Federal agency.
    (b) State Programs.--Notwithstanding any other provision of law, 
except as provided in section 603, any alien who is not lawfully 
present in the United States shall not be eligible for any of the 
following:
            (1) State assistance programs.--To receive any benefits 
        under any program of assistance (not described in subsection 
        (a)(1)) provided or funded, in whole or in part, by a State or 
        political subdivision of a State for which eligibility (or the 
        amount of assistance) is based on financial need.
            (2) State contracts or licenses.--To receive any grant, to 
        enter into any contract or loan agreement, or to be issued (or 
        have renewed) any professional or commercial license, if the 
        grant, contract, loan, or license is provided or funded by any 
        State agency.
    (c) Requiring Proof of Identity for Federal Contracts, Grants, 
Loans, Licenses, and Public Assistance.--
            (1) In general.--In considering an application for a 
        Federal contract, grant, loan, or license, or for public 
        assistance under a program described in paragraph (2), a 
        Federal agency shall require the applicant to provide proof of 
        identity under paragraph (3) to be considered for such Federal 
        contract, grant, loan, license, or public assistance.
            (2) Public assistance programs covered.--The requirement of 
        proof of identity under paragraph (1) shall apply to the 
        following Federal public assistance programs (and include any 
        successor to such a program as identified by the Attorney 
        General in consultation with other appropriate officials):
                    (A) SSI.--The supplemental security income program 
                under title XVI of the Social Security Act, including 
                State supplementary benefits programs referred to in 
                such title.
                    (B) AFDC.--The program of aid to families with 
                dependent children under part A or E of title IV of the 
                Social Security Act.
                    (C) Social services block grant.--The program of 
                block grants to States for social services under title 
                XX of the Social Security Act.
                    (D) Medicaid.--The program of medical assistance 
                under title XIX of the Social Security Act.
                    (E) Food stamps.--The program under the Food Stamp 
                Act of 1977.
                    (F) Housing assistance.--Financial assistance as 
                defined in section 214(b) of the Housing and Community 
                Development Act of 1980.
            (3) Documents that show proof of identity.--
                    (A) In general.--Any one of the documents described 
                in subparagraph (B) may be used as proof of identity 
                under this subsection if the document is current and 
                valid. No other document or documents shall be 
                sufficient to prove identity.
                    (B) Documents described.--The documents described 
                in this subparagraph are the following:
                            (i) A United States passport (either 
                        current or expired if issued both within the 
                        previous 20 years and after the individual 
                        attained 18 years of age).
                            (ii) A resident alien card.
                            (iii) A State driver's license, if 
                        presented with the individual's social security 
                        account number card.
                            (iv) A State identity card, if presented 
                        with the individual's social security account 
                        number card.
    (d) Authorization for States To Require Proof of Eligibility for 
State Programs.--In considering an application for contracts, grants, 
loans, licenses, or public assistance under any State program, a State 
is authorized to require the applicant to provide proof of eligibility 
to be considered for such State contracts, grants, loans, licenses, or 
public assistance.
    (e) Exception for Battered Aliens.--
            (1) Exception.--The limitations on eligibility for benefits 
        under subsection (a) or (b) shall not apply to an alien if--
                    (A)(i) the alien has been battered or subject to 
                extreme cruelty in the United States by a spouse or 
                parent, or by a member of the spouse or parent's family 
                residing in the same household as the alien and the 
                spouse or parent consented or acquiesced to such 
                battery or cruelty, or
                    (ii) the alien's child has been battered or subject 
                to extreme cruelty in the United States by a spouse or 
                parent of the alien (without the active participation 
                of the alien in the battery or extreme cruelty) or by a 
                member of the spouse or parent's family residing in the 
                same household as the alien when the spouse or parent 
                consented or acquiesced to, and the alien did not 
                actively participate in, such battery or cruelty; and
                    (B)(i) the alien has petitioned (or petitions 
                within 45 days after the first application for 
                assistance subject to the limitations under subsection 
                (a) or (b)) for--
                            (I) status as a spouse or child of a United 
                        States citizen pursuant to clause (ii), (iii), 
                        or (iv) of section 204(a)(1)(A) of the 
                        Immigration and Nationality Act,
                            (II) classification pursuant to clauses 
                        (ii) or (iii) of section 204(a)(1)(B) of such 
                        Act, or
                            (III) cancellation of removal and 
                        adjustment of status pursuant to section 
                        240A(b)(2) of such Act ; or
                    (ii) the alien is the beneficiary of a petition 
                filed for status as a spouse or child of a United 
                States citizen pursuant to clause (i) of section 
                204(a)(1)(A) of the Immigration and Nationality Act, or 
                of a petition filed for classification pursuant to 
                clause (i) of section 204(a)(1)(B) of such Act.
            (2) Termination of exception.--The exception under 
        paragraph (1) shall terminate if no complete petition which 
        sets forth a prima facie case is filed pursuant to the 
        requirement of paragraph (1)(B) or (1)(C) or when an petition 
        is denied.

SEC. 602. MAKING UNAUTHORIZED ALIENS INELIGIBLE FOR UNEMPLOYMENT 
              BENEFITS.

    (a) In General.--Notwithstanding any other provision of law, no 
unemployment benefits shall be payable (in whole or in part) out of 
Federal funds to the extent the benefits are attributable to any 
employment of the alien in the United States for which the alien was 
not granted employment authorization pursuant to Federal law.
    (b) Procedures.--Entities responsible for providing unemployment 
benefits subject to the restrictions of this section shall make such 
inquiries as may be necessary to assure that recipients of such 
benefits are eligible consistent with this section.

SEC. 603. GENERAL EXCEPTIONS.

    Sections 601 and 602 shall not apply to the following:
            (1) Emergency medical services.--The provision of emergency 
        medical services (as defined by the Attorney General in 
        consultation with the Secretary of Health and Human Services).
            (2) Public health immunizations.--Public health assistance 
        for immunizations with respect to immunizable diseases and for 
        testing and treatment of symptoms of communicable diseases, 
        whether or not such symptoms are actually caused by a 
        communicable disease.
            (3) Short-term emergency relief.--The provision of non-
        cash, in-kind, short-term emergency relief.
            (4) Family violence services.--The provision of any 
        services directly related to assisting the victims of domestic 
        violence or child abuse.
            (5) School lunch act.--Programs carried out under the 
        National School Lunch Act (and any successor to such a program 
        as identified by the Attorney General in consultation with 
        other appropriate officials).
            (6) Child nutrition act.--Programs of assistance under the 
        Child Nutrition Act of 1966 (and any successor to such a 
        program as identified by the Attorney General in consultation 
        with other appropriate officials).
            (7) Head start program.--Benefits under the Head Start Act.

SEC. 604. TREATMENT OF EXPENSES SUBJECT TO EMERGENCY MEDICAL SERVICES 
              EXCEPTION.

    (a) In General.--Subject to such amounts as are provided in advance 
in appropriation Acts, each State or local government that provides 
emergency medical services (as defined for purposes of section 603(1)) 
through a public hospital or other public facility (including a 
nonprofit hospital that is eligible for an additional payment 
adjustment under section 1886 of the Social Security Act) or through 
contract with another hospital or facility to an individual who is an 
alien not lawfully present in the United States is entitled to receive 
payment from the Federal Government of its costs of providing such 
services, but only to the extent that such costs are not otherwise 
reimbursed through any other Federal program and cannot be recovered 
from the alien or another person.
    (b) Confirmation of Immigration Status Required.--No payment shall 
be made under this section with respect to services furnished to an 
individual unless the identity and immigration status of the individual 
has been verified with the Immigration and Naturalization Service in 
accordance with procedures established by the Attorney General.
    (c) Administration.--This section shall be administered by the 
Attorney General, in consultation with the Secretary of Health and 
Human Services.
    (d) Effective Date.--Subsection (a) shall not apply to emergency 
medical services furnished before October 1, 1995.

SEC. 605. REPORT ON DISQUALIFICATION OF ILLEGAL ALIENS FROM HOUSING 
              ASSISTANCE PROGRAMS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Housing and Urban Development shall submit a report to 
the Committees on the Judiciary of the House of Representatives and of 
the Senate, the Committee on Banking of the House of Representatives, 
and the Committee on Banking, Housing, and Urban Affairs of the Senate, 
describing the manner in which the Secretary is enforcing section 214 
of the Housing and Community Development Act of 1980. The report shall 
contain statistics with respect to the number of aliens denied 
financial assistance under such section.

SEC. 606. VERIFICATION OF STUDENT ELIGIBILITY FOR POSTSECONDARY FEDERAL 
              STUDENT FINANCIAL ASSISTANCE.

    No student shall be eligible for postsecondary Federal student 
financial assistance unless the student has certified that the student 
is a citizen or national of the United States or an alien lawfully 
admitted for permanent residence and the Secretary of Education has 
verified such certification through an appropriate procedure determined 
by the Attorney General.

SEC. 607. PAYMENT OF PUBLIC ASSISTANCE BENEFITS.

    In carrying out this part, the payment or provision of benefits 
(other than those described in section 603 under a program of 
assistance described in section 601(a)(1)) shall be made only through 
an individual or person who is not ineligible to receive such benefits 
under such program on the basis of immigration status pursuant to the 
requirements and limitations of this part.

SEC. 608. DEFINITIONS.

    For purposes of this part:
            (1) Lawful presence.--The determination of whether an alien 
        is lawfully present in the United States shall be made in 
        accordance with regulations of the Attorney General. An alien 
        shall not be considered to be lawfully present in the United 
        States for purposes of this title merely because the alien may 
        be considered to be permanently residing in the United States 
        under color of law for purposes of any particular program.
            (2) State.--The term ``State'' includes the District of 
        Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern 
        Mariana Islands, and American Samoa.

SEC. 609. REGULATIONS AND EFFECTIVE DATES.

    (a) Regulations.--The Attorney General shall first issue 
regulations to carry out this part (other than section 605) by not 
later than 60 days after the date of the enactment of this Act. Such 
regulations shall take effect on an interim basis, pending change after 
opportunity for public comment.
    (b) Effective Date for Restrictions on Eligibility for Public 
Benefits.--(1) Except as provided in this subsection, section 601 shall 
apply to benefits provided, contracts or loan agreements entered into, 
and professional and commercial licenses issued (or renewed) on or 
after such date as the Attorney General specifies in regulations under 
subsection (a). Such date shall be at least 30 days, and not more than 
60 days, after the date the Attorney General first issues such 
regulations.
    (2) The Attorney General, in carrying out section 601(a)(2), may 
permit such section to be waived in the case of individuals for whom an 
application for the grant, contract, loan, or license is pending (or 
approved) as of a date that is on or before the effective date 
specified under paragraph (1).
    (c) Effective Date for Restrictions on Eligibility for Unemployment 
Benefits.--(1) Except as provided in this subsection, section 602 shall 
apply to unemployment benefits provided on or after such date as the 
Attorney General specifies in regulations under subsection (a). Such 
date shall be at least 30 days, and not more than 60 days, after the 
date the Attorney General first issues such regulations.
    (2) The Attorney General, in carrying out section 602, may permit 
such section to be waived in the case of an individual during a 
continuous period of unemployment for whom an application for 
unemployment benefits is pending as of a date that is on or before the 
effective date specified under paragraph (1).
    (d) Broad Dissemination of Information.--Before the effective dates 
specified in subsections (b) and (c), the Attorney General shall 
broadly disseminate information regarding the restrictions on 
eligibility established under this part.

                       PART 2--HOUSING ASSISTANCE

SEC. 611. ACTIONS IN CASES OF TERMINATION OF FINANCIAL ASSISTANCE.

    (a) In General.--Section 214(c)(1) of the Housing and Community 
Development Act of 1980 (42 U.S.C. 1436a(c)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``may, in its discretion,'' and inserting ``shall'';
            (2) in subparagraph (A), by inserting after the period at 
        the end the following new sentence: ``Financial assistance 
        continued under this subparagraph for a family may be provided 
        only on a prorated basis under which the amount of financial 
        assistance is based on the percentage of the total number of 
        members of the family that are eligible for such assistance 
        under the program for financial assistance and this section.''; 
        and
            (3) in subparagraph (B), by striking ``6-month period'' and 
        all that follows through ``affordable housing'' and inserting 
        ``single 3-month period''.
    (b) Scope of Application.--The amendment made by subsection (a)(3) 
shall apply to any deferral granted under section 214(c)(1)(B) of the 
Housing and Community Development Act of 1980 on or after the date of 
the enactment of this Act, including any renewal of any deferral 
initially granted before such date of enactment, except that a public 
housing agency or other entity referred to in such section 214(c)(1)(B) 
may not renew, after such date of enactment, any deferral which was 
granted under such section before such date and has been effective for 
at least 3 months on and after such date.

SEC. 612. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY FOR 
              FINANCIAL ASSISTANCE.

    Section 214(d) of the Housing and Community Development Act of 1980 
(42 U.S.C. 1436a(d)) is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``or to be'' after ``being'';
            (2) in paragraph (1)(A), by inserting at the end the 
        following new sentences: ``If the declaration states that the 
        individual is not a citizen or national of the United States, 
        the declaration shall be verified by the Immigration and 
        Naturalization Service. If the declaration states that the 
        individual is a citizen or national of the United States, the 
        Secretary shall request verification of the declaration by 
        requiring presentation of documentation the Secretary considers 
        appropriate, including a social security card, certificate of 
        birth, driver's license, or other documentation.'';
            (3) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``on the date of the enactment of the Housing 
                and Community Development Act of 1987'' and inserting 
                ``or applying for financial assistance''; and
                    (B) by inserting at the end the following new 
                sentence:
        ``In the case of an individual applying for financial 
        assistance, the Secretary may not provide such assistance for 
        the benefit of the individual before such documentation is 
        presented and verified under paragraph (3) or (4).'';
            (4) in paragraph (4)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``on the date of the enactment of the Housing 
                and Community Development Act of 1987'' and inserting 
                ``or applying for financial assistance'';
                    (B) in subparagraph (A)--
                            (i) in clause (i)--
                                    (I) by inserting ``, not to exceed 
                                30 days,'' after ``reasonable 
                                opportunity''; and
                                    (II) by striking ``and'' at the 
                                end; and
                            (ii) by striking clause (ii) and inserting 
                        the following new clauses:
                            ``(ii) in the case of any individual who is 
                        already receiving assistance, may not delay, 
                        deny, reduce, or terminate the individual's 
                        eligibility for financial assistance on the 
                        basis of the individual's immigration status 
                        until such 30-day period has expired, and
                            ``(iii) in the case of any individual who 
                        is applying for financial assistance, may not 
                        deny the application for such assistance on the 
                        basis of the individual's immigration status 
                        until such 30-day period has expired; and''; 
                        and
                  (C) in subparagraph (B), by striking clause (ii) and 
                inserting the following new clause:
                            ``(ii) pending such verification or appeal, 
                        the Secretary may not--
                                    ``(I) in the case of any individual 
                                who is already receiving assistance, 
                                delay, deny, reduce, or terminate the 
                                individual's eligibility for financial 
                                assistance on the basis of the 
                                individual's immigration status, and
                                    ``(II) in the case of any 
                                individual who is applying for 
                                financial assistance, deny the 
                                application for such assistance on the 
                                basis of the individual's immigration 
                                status, and'';
            (5) in paragraph (5), by striking all that follows 
        ``satisfactory immigration status'' and inserting the 
        following: ``, the Secretary shall--
                    ``(A) deny the individual's application for 
                financial assistance or terminate the individual's 
                eligibility for financial assistance, as the case may 
                be; and
                    ``(B) provide the individual with written notice of 
                the determination under this paragraph.''; and
            (6) by striking paragraph (6) and inserting the following 
        new paragraph:
            ``(6) The Secretary shall terminate the eligibility for 
        financial assistance of an individual and the members of the 
        household of the individual, for a period of not less than 24 
        months, upon determining that such individual has knowingly 
        permitted another individual who is not eligible for such 
        assistance to use the assistance (including residence in the 
        unit assisted).''.

SEC. 613. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING FINANCIAL 
              ASSISTANCE ELIGIBILITY DETERMINATIONS.

    Section 214(e)(4) of the Housing and Community Development Act of 
1980 (42 U.S.C. 1436a(e)(4)) is amended--
            (1) in paragraph (2), by inserting ``or'' at the end;
            (2) in paragraph (3), by striking ``, or'' at the end and 
        inserting a period; and
          (3) by striking paragraph (4).

SEC. 614. REGULATIONS.

    (a) Issuance.--Not later than the expiration of the 60-day period 
beginning on the date of the enactment of this Act, the Secretary of 
Housing and Urban Development shall issue any regulations necessary to 
implement the amendments made by this part. Such regulations shall be 
issued in the form of an interim final rule, which shall take effect 
upon issuance and shall not be subject to the provisions of section 533 
of title 5, United States Code, regarding notice or an opportunity for 
comment.
    (b) Failure To Issue.--If the Secretary fails to issue the 
regulations required under subsection (a) before the expiration of the 
period referred to in such subsection, the regulations relating to 
restrictions on assistance to noncitizens, contained in the final rule 
issued by the Secretary of Housing and Urban Development in RIN 2501-
AA63 (Docket No. R-95-1409; FR-2383-F-050), published in the Federal 
Register of March 20, 1995 (Vol. 60., No. 53; pp. 14824-14861), shall 
not apply after the expiration of such period.

                   PART 3--PUBLIC EDUCATION BENEFITS

SEC. 616. AUTHORIZING STATES TO DENY PUBLIC EDUCATION BENEFITS TO 
              ALIENS NOT LAWFULLY PRESENT IN THE UNITED STATES.

    (a) In General.--The Immigration and Nationality Act, as amended by 
section 321(a)(2), is amended by adding at the end the following new 
title:

  ``TITLE VI--DISQUALIFICATION OF ALIENS NOT LAWFULLY PRESENT IN THE 
                   UNITED STATES FROM CERTAIN PROGRAM

 ``congressional policy regarding ineligibility of aliens not lawfully 
       present in the united states for public education benefits

    ``Sec. 601. (a) Because Congress views that the right to a free 
public education for aliens who are not lawfully present in the United 
States promotes violations of the immigration laws and because such a 
free public education for such aliens creates a significant burden on 
States' economies and depletes States' limited educational resources, 
Congress declares it to be the policy of the United States that--
            ``(1) aliens who are not lawfully present in the United 
        States not be entitled to public education benefits in the same 
        manner as United States citizens and lawful resident aliens; 
        and
            ``(2) States should not be obligated to provide public 
        education benefits to aliens who are not lawfully present in 
        the United States.
    ``(b) Nothing in this section shall be construed as expressing any 
statement of Federal policy with regard to--
            ``(1) aliens who are lawfully present in the United States, 
        or
            ``(2) benefits other than public education benefits 
        provided under State law.

                         ``authority of states

    ``Sec. 602. (a) In order to carry out the policies described in 
section 601, each State may provide that an alien who is not lawfully 
present in the United States is not eligible for public education 
benefits in the State or, at the option of the State, may be treated as 
a non-resident of the State for purposes of provision of such benefits.
    ``(b) For purposes of subsection (a), an individual shall be 
considered to be not lawfully present in the United States unless the 
individual (or, in the case of an individual who is a child, another on 
the child's behalf)--
            ``(1) declares in writing under penalty of perjury that the 
        individual (or child) is a citizen or national of the United 
        States and (if required by a State) presents evidence of United 
        States citizenship or nationality; or
            ``(2)(A) declares in writing under penalty of perjury that 
        the individual (or child) is not a citizen or national of the 
        United States but is lawfully present in the United States, and
            ``(B) presents either--
                    ``(i) alien registration documentation or other 
                proof of immigration registration from the Service, or
                    ``(ii) such other documents as the State determines 
                constitutes reasonable evidence indicating that the 
                individual (or child) is lawfully present in the United 
                States.
If the documentation described in paragraph (2)(B)(i) is presented, the 
State may (at its option) verify with the Service the alien's 
immigration status through a system described in section 1137(d)(3) of 
the Social Security Act (42 U.S.C. 1320b-7(d)(3)).
    ``(c) If a State denies public education benefits under this 
section with respect to an alien, the State shall provide the alien 
with an opportunity for a fair hearing to establish that the alien is 
lawfully present in the United States, consistent with subsection (b) 
and Federal immigration law.''.
    (b) Clerical Amendment.--The table of contents, as amended by 
section 321(a)(1), is amended by adding at the end the following new 
items:

  ``TITLE VI--DISQUALIFICATION OF ALIENS NOT LAWFULLY PRESENT IN THE 
                   UNITED STATES FROM CERTAIN PROGRAM

``Sec. 601. Congressional policy regarding ineligibility of aliens not 
                            lawfully present in the United States for 
                            public education benefits.
``Sec. 602. Authority of States.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as of the date of the enactment of this Act.

Subtitle B--Expansion of Disqualification From Immigration Benefits on 
                       the Basis of Public Charge

SEC. 621. GROUND FOR INADMISSIBILITY.

    (a) In General.--Paragraph (4) of section 212(a) (8 U.S.C. 1182(a)) 
is amended to read as follows:
            ``(4) Public charge.--
                    ``(A) Family-sponsored immigrants.--Any alien who 
                seeks admission or adjustment of status under a visa 
                number issued under section 203(a), who cannot 
                demonstrate to the consular officer at the time of 
                application for a visa, or to the Attorney General at 
                the time of application for admission or adjustment of 
                status, that the alien's age, health, family status, 
                assets, resources, financial status, education, skills, 
                or a combination thereof, and an affidavit of support 
                described in section 213A, make it unlikely that the 
                alien will become a public charge (as determined under 
                section 241(a)(5)(B)) is inadmissible.
                    ``(B) Certain employment-based immigrants.--Any 
                alien who seeks admission or adjustment of status under 
                a visa number issued under section 203(b) by virtue of 
                a classification petition filed by a relative of the 
                alien (or by an entity in which such relative has a 
                significant ownership interest) is inadmissible unless 
                such relative has executed an affidavit of support 
                described in section 213A with respect to such 
                alien.''.
    (b) Effective Date.--(1) Subject to paragraph (2), the amendment 
made by subsection (a) shall apply to applications submitted on or 
after such date, not earlier than 30 days and not later than 60 days 
after the date the Attorney General promulgates under section 632(f) a 
standard form for an affidavit of support, as the Attorney General 
shall specify.
    (2) Section 212(a)(4)(C)(i) of the Immigration and Nationality Act, 
as amended by subsection (a), shall apply only to aliens seeking 
admission or adjustment of status under a visa number issued on or 
after October 1, 1996.

SEC. 622. GROUND FOR DEPORTABILITY.

    (a) In General.--Paragraph (5) of subsection (a) of section 241 (8 
U.S.C. 1251(a)), before redesignation as section 237 by section 
305(a)(2), is amended to read as follows:
            ``(5) Public charge.--
                    ``(A) In general.--Any alien who, within 7 years 
                after the date of entry or admission, becomes a public 
                charge is deportable.
                    ``(B) Exceptions.--(i) Subparagraph (A) shall not 
                apply if the alien establishes that the alien has 
                become a public charge from causes that arose after 
                entry or admission. A condition that the alien knew (or 
                had reason to know) existed at the time of entry or 
                admission shall be deemed to be a cause that arose 
                before entry or admission.
                    ``(ii) The Attorney General, in the discretion of 
                the Attorney General, may waive the application of 
                subparagraph (A) in the case of an alien who is 
                admitted as a refugee under section 207 or granted 
                asylum under section 208.
                    ``(C) Individuals treated as public charge.--
                            ``(i) In general.--For purposes of this 
                        title, an alien is deemed to be a `public 
                        charge' if the alien receives benefits (other 
                        than benefits described in subparagraph (E)) 
                        under one or more of the public assistance 
                        programs described in subparagraph (D) for an 
                        aggregate period, except as provided in clauses 
                        (ii) and (iii), of at least 12 months within 7 
                        years after the date of entry. The previous 
                        sentence shall not be construed as excluding 
                        any other bases for considering an alien to be 
                        a public charge, including bases in effect on 
                        the day before the date of the enactment of the 
                        Immigration in the National Interest Act of 
                        1996. The Attorney General, in consultation 
                        with the Secretary of Health and Human 
                        Services, shall establish rules regarding the 
                        counting of health benefits described in 
                        subparagraph (D)(iv) for purposes of this 
                        subparagraph.
                            ``(ii) Determination with respect to 
                        battered women and children.--For purposes of a 
                        determination under clause (i) and except as 
                        provided in clause (iii), the aggregate period 
                        shall be 48 months within 7 years after the 
                        date of entry if the alien can demonstrate that 
                        (I) the alien has been battered or subject to 
                        extreme cruelty in the United States by a 
                        spouse or parent, or by a member of the spouse 
                        or parent's family residing in the same 
                        household as the alien and the spouse or parent 
                        consented or acquiesced to such battery or 
                        cruelty, or (II) the alien's child has been 
                        battered or subject to extreme cruelty in the 
                        United States by a spouse or parent of the 
                        alien (without the active participation of the 
                        alien in the battery or extreme cruelty), or by 
                        a member of the spouse or parent's family 
                        residing in the same household as the alien 
                        when the spouse or parent consented or 
                        acquiesced to and the alien did not actively 
                        participate in such battery or cruelty, and the 
                        need for the public benefits received has a 
                        substantial connection to the battery or 
                        cruelty described in subclause (I) or (II).
                            ``(iii) Special rule for ongoing battery or 
                        cruelty.--For purposes of a determination under 
                        clause (i), the aggregate period may exceed 48 
                        months within 7 years after the date of entry 
                        if the alien can demonstrate that any battery 
                        or cruelty under clause (ii) is ongoing, has 
                        led to the issuance of an order of a judge or 
                        an administrative law judge or a prior 
                        determination of the Service, and that the need 
                        for the benefits received has a substantial 
                        connection to such battery or cruelty.
                    ``(D) Public assistance programs.--For purposes of 
                subparagraph (B), the public assistance programs 
                described in this subparagraph are the following (and 
                include any successor to such a program as identified 
                by the Attorney General in consultation with other 
                appropriate officials):
                            ``(i) SSI.--The supplemental security 
                        income program under title XVI of the Social 
                        Security Act, including State supplementary 
                        benefits programs referred to in such title.
                            ``(ii) AFDC.--The program of aid to 
                        families with dependent children under part A 
                        or E of title IV of the Social Security Act.
                            ``(iii) Medicaid.--The program of medical 
                        assistance under title XIX of the Social 
                        Security Act.
                            ``(iv) Food stamps.--The program under the 
                        Food Stamp Act of 1977.
                            ``(v) State general cash assistance.--A 
                        program of general cash assistance of any State 
                        or political subdivision of a State.
                            ``(vi) Housing assistance.--Financial 
                        assistance as defined in section 214(b) of the 
                        Housing and Community Development Act of 1980.
                    ``(E) Certain assistance excepted.--For purposes of 
                subparagraph (B), an alien shall not be considered to 
                be a public charge on the basis of receipt of any of 
                the following benefits:
                            ``(i) Emergency medical services.--The 
                        provision of emergency medical services (as 
                        defined by the Attorney General in consultation 
                        with the Secretary of Health and Human 
                        Services).
                            ``(ii) Public health immunizations.--Public 
                        health assistance for immunizations with 
                        respect to immunizable diseases and for testing 
                        and treatment for communicable diseases.
                            ``(iii) Short-term emergency relief.--The 
                        provision of non-cash, in-kind, short-term 
                        emergency relief.''.
    (b) Effective Date.--(1) The amendment made by subsection (a) shall 
take effect as of the first day of the first month beginning at least 
30 days after the date of the enactment of this Act.
    (2) In applying section 241(a)(5)(C) of the Immigration and 
Nationality Act (which is subsequently redesignated as section 
237(a)(5)(C) of such Act), as amended by subsection (a), no receipt of 
benefits under a public assistance program before the effective date 
described in paragraph (1) shall be taken into account.

      Subtitle C--Attribution of Income and Affidavits of Support

SEC. 631. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO FAMILY-
              SPONSORED IMMIGRANTS.

    (a) Federal Programs.--
            (1) In general.--Notwithstanding any other provision of law 
        (except as provided in paragraph (2)), in determining the 
        eligibility and the amount of benefits of an alien for any 
        Federal means-tested public benefits program (as defined in 
        subsection (d)) the income and resources of the alien shall be 
        deemed to include--
                    (A) the income and resources of any individual who 
                executed an affidavit of support pursuant to section 
                213A of the Immigration and Nationality Act (as 
                inserted by section 632(a)) in behalf of such alien, 
                and
                    (B) the income and resources of the spouse (if any) 
                of the individual.
            (2) Exceptions.--Paragraph (1) shall not apply to the 
        following:
                    (A) Medical assistance provided for emergency 
                medical services under title XIX of the Social Security 
                Act.
                    (B) The provision of short-term, non-cash, in kind 
                emergency relief.
                    (C) Benefits under the National School Lunch Act.
                    (D) Assistance under the Child Nutrition Act of 
                1966.
                    (E) Public health assistance for immunizations with 
                respect to immunizable diseases and for testing and 
                treatment for communicable diseases.
                    (F) The provision of services directly related to 
                assisting the victims of domestic violence or child 
                abuse.
                    (G) Benefits under programs of student assistance 
                under titles IV, V, IX, and X of the Higher Education 
                Act of 1965 and titles III, VII, and VIII of the Public 
                Health Service Act.
                    (H) Benefits under means-tested programs under the 
                Elementary and Secondary Education Act of 1965.
                    (I) Benefits under the Head Start Act.
    (b) Period of Attribution.--
            (1) Parents of united states citizens and adult sons and 
        daughters of citizens and permanent residents.--Subsection (a) 
        shall apply with respect to an alien who is admitted to the 
        United States as the parent of a United States citizen under 
        section 201(b)(2) of the Immigration and Nationality Act, or as 
        the son or daughter of a citizen or lawful permanent resident 
        under paragraph (1) or (3) of section 203(a) of such Act, until 
        the alien is naturalized as a citizen of the United States.
            (2) Spouses of united states citizens and lawful permanent 
        residents.--Subsection (a) shall apply with respect to an alien 
        who is admitted to the United States as the spouse of a United 
        States citizen or lawful permanent resident under section 
        201(b)(2) of 203(a)(1) of the Immigration and Nationality Act 
        until--
                    (A) 7 years after the date the alien is lawfully 
                admitted to the United States for permanent residence, 
                or
                    (B) the alien is naturalized as a citizen of the 
                United States,
        whichever occurs first.
            (3) Minor children of united states citizens and lawful 
        permanent residents.--Subsection (a) shall apply with respect 
        to an alien who is admitted to the United States as the minor 
        child
 of a United States citizen or lawful permanent resident under section 
201(b)(2) of 203(a)(1) of the Immigration and Nationality Act until the 
child attains the age of 21 years or, if earlier, the date the child is 
naturalized as a citizen of the United States.
            (4) Attribution of sponsor's income and resources ended if 
        sponsored alien becomes eligible for old-age benefits under 
        title ii of the social security act.--
                    (A) Notwithstanding any other provision of this 
                section, subsection (a) shall not apply and the period 
                of attribution of a sponsor's income and resources 
                under this subsection shall terminate if the alien is 
                able to prove to the satisfaction of the Attorney 
                General that the alien has been employed for 40 
                qualifying quarters of coverage as defined under title 
                II of the Social Security Act and the alien did not 
                receive any benefit under a means-tested public 
                benefits program of (or contributed to by) the Federal 
                Government during any such quarter.
                    (B) The Attorney General shall ensure that 
                appropriate information pursuant to subparagraph (A) is 
                provided to the System for Alien Verification of 
                Eligibility (SAVE).
            (5) Battered women and children.--Notwithstanding any other 
        provision of this section, subsections (a) and (c) shall not 
        apply and the period of attribution of the income and resources 
        of any individual under paragraphs (1) or (2) of subsection (a) 
        or paragraph (1) shall not apply--
                    (A) for up to 48 months if the alien can 
                demonstrate that (i) the alien has been battered or 
                subject to extreme cruelty in the United States by a 
                spouse or parent, or by a member of the spouse or 
                parent's family residing in the same household as the 
                alien and the spouse or parent consented or acquiesced 
                to such battery or cruelty, or (ii) the alien's child 
                has been battered or subject to extreme cruelty in the 
                United States by a spouse or parent of the 
alien (without the active participation of the alien in the battery or 
extreme cruelty), or by a member of the spouse or parent's family 
residing in the same household as the alien when the spouse or parent 
consented or acquiesced to and the alien did not actively participate 
in such battery or cruelty, and need for the public benefits applied 
for has a substantial connection to the battery or cruelty described in 
clause (i) or (ii); and
                    (B) for more than 48 months if the alien can 
                demonstrate that any battery or cruelty under 
                subparagraph (A) is ongoing, has led to the issuance of 
                an order of a judge or an administrative law judge or a 
                prior determination of the Service, and that need for 
                such benefits has a substantial connection to such 
                battery or cruelty.
    (c) Optional Application to State Programs.--
            (1) Authority.--Notwithstanding any other provision of law, 
        in determining the eligibility and the amount of benefits of an 
        alien for any State means-tested public benefits program, the 
        State or political subdivision that offers the program is 
        authorized to provide that the income and resources of the 
        alien shall be deemed to include--
                    (A) the income and resources of any individual who 
                executed an affidavit of support pursuant to section 
                213A of the Immigration and Nationality Act (as 
                inserted by section 632(a)) in behalf of such alien, 
                and
                    (B) the income and resources of the spouse (if any) 
                of the individual.
            (2) Period of attribution.--The period of attribution of a 
        sponsor's income and resources in determining the eligibility 
        and amount of benefits for an alien under any State means-
        tested public benefits program pursuant to paragraph (1) may 
        not exceed the Federal period of attribution with respect to 
        the alien.
    (d) Means-Tested Program Defined.--In this section:
            (1) The term ``means-tested public benefits program'' means 
        a program of public benefits (including cash, medical, housing, 
        and food assistance and social services) of the Federal 
        Government or of a State or political subdivision of a State in 
        which the eligibility of an individual, household, or family 
        eligibility unit for benefits under the program, or the amount 
        of such benefits, or both are determined on the basis of 
        income, resources, or financial need of the individual, 
        household, or unit.
            (2) The term ``Federal means-tested public benefits 
        program'' means a means-tested public benefits program of (or 
        contributed to by) the Federal Government.
            (3) The term ``State means-tested public benefits program'' 
        means a means-tested public benefits program that is not a 
        Federal means-tested program.

SEC. 632. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.

    (a) In General.--Title II is amended by inserting after section 213 
the following new section:

           ``requirements for sponsor's affidavit of support

    ``Sec. 213A. (a) Enforceability.--(1) No affidavit of support may 
be accepted by the Attorney General or by any consular officer to 
establish that an alien is not inadmissible as a public charge under 
section 212(a)(4) unless such affidavit is executed by a sponsor of the 
alien as a contract--
            ``(A) that is legally enforceable against the sponsor by 
        the Federal Government and by any State (or any political 
        subdivision of such State) that provides any means-tested 
        public benefits program, subject to subsection (b)(4); and
            ``(B) in which the sponsor agrees to submit to the 
        jurisdiction of any Federal or State court for the purpose of 
        actions brought under subsection (b)(2).
    ``(2)(A) An affidavit of support shall be enforceable with respect 
to benefits provided under any means-tested public benefits program for 
an alien who is admitted to the United States as the parent of a United 
States citizen under section 201(b)(2) until the alien is naturalized 
as a citizen of the United States.
    ``(B) An affidavit of support shall be enforceable with respect to 
benefits provided under any means-tested public benefits program for an 
alien who is admitted to the United States as the spouse of a United 
States citizen or lawful permanent resident under section 201(b)(2) or 
203(a)(2) until--
            ``(i) 7 years after the date the alien is lawfully admitted 
        to the United States for permanent residence, or
            ``(ii) such time as the alien is naturalized as a citizen 
        of the United States,
whichever occurs first.
    ``(C) An affidavit of support shall be enforceable with respect to 
benefits provided under any means-tested public benefits program for an 
alien who is admitted to the United States as the minor child of a 
United States citizen or lawful permanent resident under section 
201(b)(2) or section 203(a)(2) until the child attains the age of 21 
years.
    ``(D)(i) Notwithstanding any other provision of this subparagraph, 
a sponsor shall be relieved of any liability under an affidavit of 
support if the sponsored alien is able to prove to the satisfaction of 
the Attorney General that the alien has been employed for 40 qualifying 
quarters of coverage as defined under title II of the Social Security 
Act and the alien did not receive any benefit under a means-tested 
public benefits program of (or contributed to by) the Federal 
Government during any such quarter.
    ``(ii) The Attorney General shall ensure that appropriate 
information pursuant to clause (i) is provided to the System for Alien 
Verification of Eligibility (SAVE).
    ``(b) Reimbursement of Government Expenses.--(1)(A) Upon 
notification that a sponsored alien has received any benefit under any 
means-tested public benefits program, the appropriate Federal, State, 
or local official shall request reimbursement by the sponsor in the 
amount of such assistance.
    ``(B) The Attorney General, in consultation with the Secretary of 
Health and Human Services, shall prescribe such regulations as may be 
necessary to carry out subparagraph (A).
    ``(2) If within 45 days after requesting reimbursement, the 
appropriate Federal, State, or local agency has not received a response 
from the sponsor indicating a willingness to commence payments, an 
action may be brought against the sponsor pursuant to the affidavit of 
support.
    ``(3) If the sponsor fails to abide by the repayment terms 
established by such agency, the agency may, within 60 days of such 
failure, bring an action against the sponsor pursuant to the affidavit 
of support.
    ``(4) No cause of action may be brought under this subsection later 
than 10 years after the alien last received any benefit under any 
means-tested public benefits program.
    ``(5) If, pursuant to the terms of this subsection, a Federal, 
State, or local agency requests reimbursement from the sponsor in the 
amount of assistance provided, or brings an action against the sponsor 
pursuant to the affidavit of support, the appropriate agency may 
appoint or hire an individual or other person to act on behalf of such 
agency acting under the authority of law for purposes of collecting any 
moneys owed. Nothing in this subsection shall preclude any appropriate 
Federal, State, or local agency from directly requesting reimbursement 
from a sponsor for the amount of assistance provided, or from bringing 
an action against a sponsor pursuant to an affidavit of support.
    ``(c) Remedies.--Remedies available to enforce an affidavit of 
support under this section include any or all of the remedies described 
in section 3201, 3203, 3204, or 3205 of title 28, United States Code, 
as well as an order for specific performance and payment of legal fees 
and other costs of collection, and include corresponding remedies 
available under State law. A Federal agency may seek to collect amounts 
owed under this section in accordance with the provisions of subchapter 
II of chapter 37 of title 31, United States Code.
    ``(d) Notification of Change of Address.--(1) The sponsor of an 
alien shall notify the Federal Government and the State in which the 
sponsored alien is currently residing within 30 days of any change of 
address of the sponsor during the period specified in subsection 
(a)(1).
    ``(2) Any person subject to the requirement of paragraph (1) who 
fails to satisfy such requirement shall be subject to a civil penalty 
of--
            ``(A) not less than $250 or more than $2,000, or
            ``(B) if such failure occurs with knowledge that the 
        sponsored alien has received any benefit under any means-tested 
        public benefits program, not less than $2,000 or more than 
        $5,000.
    ``(e) Definitions.--For the purposes of this section--
            ``(1) Sponsor.--The term `sponsor' means, with respect to 
        an alien, an individual who--
                    ``(A) is a citizen or national of the United States 
                or an alien who is lawfully admitted to the United 
                States for permanent residence;
                    ``(B) is 18 years of age or over;
                    ``(C) is domiciled in any State;
                    ``(D) demonstrates, through presentation of a 
                certified copy of an individual's Federal income tax 
                returns for the individual's most recent two taxable 
                years and a written statement, executed under oath or 
                as permitted under penalty of perjury under section 
                1746 of title 28, United States Code, that the copies 
                are accurate copies of such returns, (i) the means to 
                maintain an annual income equal to at least 200 percent 
                of the poverty level for the individual and the 
                individual's family (including the alien and any other 
                aliens with respect to whom the individual is a 
                sponsor), or (ii) for an individual who is on active 
                duty (other than active duty for training) in the Armed 
                Forces of the United States, the means to maintain an 
                annual income equal to at least 100 percent of the 
                poverty level for the individual and the individual's 
                family including the alien and any other aliens with 
                respect to whom the individual is a sponsor); and
                    ``(E) is petitioning for the admission of the alien 
                under section 204 (or is an individual who is a United 
                States citizen and who accepts joint and several 
                liability with the petitioner).
            ``(2) Federal poverty line.--The term `Federal poverty 
        line' means the income official poverty line (as defined in 
        section 673(2) of the Community Services Block Grant Act) that 
        is applicable to a family of the size involved.
            ``(3) Means-tested public benefits program.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `means-tested public benefits program' means a 
                program of public benefits (including cash, medical, 
                housing, and food assistance and social services) of 
                the Federal Government or of a State or political 
                subdivision of a State in which the eligibility of an 
                individual, household, or family eligibility unit for 
                benefits under the program, or the amount of such 
                benefits, or both are determined on the basis of 
                income, resources, or financial need of the individual, 
                household, or unit.
                    ``(B) Exceptions.--Such term does not include the 
                following benefits:
                            ``(i) Medical assistance provided for 
                        emergency medical services under title XIX of 
                        the Social Security Act.
                            ``(ii) The provision of short-term, non-
                        cash, in kind emergency relief.
                            ``(iii) Benefits under the National School 
                        Lunch Act.
                            ``(iv) Assistance under the Child Nutrition 
                        Act of 1966.
                            ``(v) Public health assistance for 
                        immunizations with respect to immunizable 
                        diseases and for testing and treatment for 
                        communicable diseases.
                            ``(vi) The provision of services directly 
                        related to assisting the victims of domestic 
                        violence or child abuse.
                            ``(vii) Benefits under programs of student 
                        assistance under titles IV, V, IX, and X of the 
                        Higher Education Act of 1965 and titles III, 
                        VII, and VIII of the Public Health Service Act.
                            ``(viii) Benefits under means-tested 
                        programs under the Elementary and Secondary 
                        Education Act of 1965.
                            ``(ix) Benefits under the Head Start 
                        Act.''.
    (b) Requirement of Affidavit of Support From Employment Sponsors.--
For requirement for affidavit of support from individuals who file 
classification petitions for a relative as an employment-based 
immigrant, see the amendment made by section 621(a).
    (c) Settlement of Claims Prior to Naturalization.--Section 316 (8 
U.S.C. 1427) is amended--
            (1) in subsection (a), by striking ``and'' before ``(3)'', 
        and by inserting before the period at the end the following: 
        ``, and (4) in the case of an applicant that has received 
        assistance under a means-tested public benefits program (as 
        defined in subsection (f)(3) of section 213A) administered by a 
        Federal, State, or local agency and with respect to which 
        amounts may be owing under an affidavit of support executed 
        under such section, provides satisfactory evidence that there 
        are no outstanding amounts that may be owed to any such 
        Federal, State, or local agency pursuant to such affidavit by 
        the sponsor who executed such affidavit, except as provided in 
        subsection (g)''; and
            (2) by adding at the end the following new subsection:
    ``(g) Clause (4) of subsection (a) shall not apply to an applicant 
where the applicant can demonstrate that--
            ``(A) either--
                    ``(i) the applicant has been battered or subject to 
                extreme cruelty in the United States by a spouse or 
                parent or by a member of the spouse or parent's family 
                residing in the same household as the applicant and the 
                spouse or parent consented or acquiesced to such 
                battery or cruelty, or
                    ``(ii) the applicant's child has been battered or 
                subject to extreme cruelty in the United States by the 
                applicant's spouse or parent (without the active 
                participation of the applicant in the battery or 
                extreme cruelty), or by a member of the spouse or 
                parent's family residing in the same household as the 
                applicant when the spouse or parent consented or 
                acquiesced to and the applicant did not actively 
                participate in such battery or cruelty;
            ``(B) such battery or cruelty has led to the issuance of an 
        order of a judge or an administrative law judge or a prior 
        determination of the Service; and
            ``(C) the need for the public benefits received as to which 
        amounts are owing had a substantial connection to the battery 
        or cruelty described in subparagraph (A).''.
    (d) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 213 the following:

``Sec. 213A.  Requirements for sponsor's affidavit of support.''.
    (e) Effective Date.--Subsection (a) of section 213A of the 
Immigration and Nationality Act, as inserted by subsection (a) of this 
section, shall apply to affidavits of support executed on or after a 
date specified by the Attorney General, which date shall be not earlier 
than 60 days (and not later than 90 days) after the date the Attorney 
General formulates the form for such affidavits under subsection (f) of 
this section.
    (f) Promulgation of Form.--Not later than 90 days after the date of 
the enactment of this Act, the Attorney General, in consultation with 
the Secretary of State and the Secretary of Health and Human Services, 
shall promulgate a standard form for an affidavit of support consistent 
with the provisions of section 213A of the Immigration and Nationality 
Act.

SEC. 633. COSIGNATURE OF ALIEN STUDENT LOANS.

    Section 484(b) of the Higher Education Act of 1965 (20 U.S.C. 
1091(b)) is amended by adding at the end the following new paragraph:
    ``(6) Notwithstanding sections 427(a)(2)(A), 428B(a), 
428C(b)(4)(A), and 464(c)(1)(E), a student who is an alien lawfully 
admitted under the Immigration and Nationality Act, otherwise eligible 
for student financial assistance under this title, and for whom an 
affidavit of support has been provided under section 213A of such Act 
shall not be eligible for a loan under this title unless the loan is 
endorsed and cosigned by the alien's sponsor under such section or by 
another credit-worthy individual who is a citizen or national of the 
United States.''.

SEC. 634. STATUTORY CONSTRUCTION.

    Nothing in this title may be construed as an entitlement or a 
determination of an individual's eligibility or fulfillment of the 
requisite requirements for any Federal, State, or local governmental 
program, assistance, or benefits. For purposes of this title, 
eligibility relates only to the general issue of eligibility or 
ineligibility on the basis of alienage.

                 TITLE VII--FACILITATION OF LEGAL ENTRY

SEC. 701. ADDITIONAL LAND BORDER INSPECTORS; INFRASTRUCTURE 
              IMPROVEMENTS.

    (a) Increased Personnel.--
            (1) In general.--In order to eliminate undue delay in the 
        thorough inspection of persons and vehicles lawfully attempting 
        to enter the United States, the Attorney General shall 
        increase, by approximately equal numbers in each of the fiscal 
        years 1996 and 1997, the number of full-time land border 
        inspectors assigned to active duty by the Immigration and 
        Naturalization Service to a level adequate to assure full 
        staffing during peak crossing hours of all border crossing 
        lanes now in use, under construction, or construction of which 
        has been authorized by Congress.
            (2) Deployment of personnel.--The Attorney General shall, 
        to the maximum extent practicable, ensure that the personnel 
        hired pursuant to this subsection shall be deployed among the 
        various Immigration and Naturalization Service sectors in 
        proportion to the number of land border crossings measured in 
        each such sector during the preceding fiscal year.
    (b) Improved Infrastructure.--
            (1) In general.--The Attorney General from time to time may 
        identify those physical improvements to the infrastructure of 
        the international land borders of the United States necessary 
        to expedite the inspection by the Immigration and 
        Naturalization Service of persons and vehicles attempting to 
        lawfully enter the United States in accordance with existing 
        policies and procedures of the Immigration and Naturalization 
        Service and the Drug Enforcement Agency.
            (2) Priorities.--Such improvements to the infrastructure of 
        the land border of the United States shall be substantially 
        completed and fully funded in those portions of the United 
        States where the Attorney General, in consultation with the 
        Committees on the Judiciary of the House of Representatives and 
        the Senate, objectively determines the need to be greatest or 
        most immediate before the Attorney General may obligate funds 
        for construction of any improvement otherwise located.

SEC. 702. COMMUTER LANE PILOT PROGRAMS.

    (a) Making Land Border Inspection Fee Permanent.--Section 286(q) (8 
U.S.C. 1356(q)) is amended--
            (1) in paragraph (1), by striking ``a project'' and 
        inserting ``projects'';
            (2) in paragraph (1), by striking ``Such project'' and 
        inserting ``Such projects''; and
            (3) by striking paragraph (5).
    (b) Conforming Amendment.--The Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriation Act, 1994 
(Public Law 103-121, 107 Stat. 1161) is amended by striking the fourth 
proviso under the heading ``Immigration and Naturalization Service, 
Salaries and Expenses''.

SEC. 703. PREINSPECTION AT FOREIGN AIRPORTS.

    (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 235 the following new section:

                  ``preinspection at foreign airports

    ``Sec. 235A. (a) Establishment of Preinspection Stations.--(1) 
Subject to paragraph (4), not later than 2 years after the date of the 
enactment of this section, the Attorney General, in consultation with 
the Secretary of State, shall establish and maintain preinspection 
stations in at least 5 of the foreign airports that are among the 10 
foreign airports which the Attorney General identifies as serving as 
last points of departure for the greatest numbers of passengers who 
arrive from abroad by air at ports of entry within the United States. 
Such preinspection stations shall be in addition to any preinspection 
stations established prior to the date of the enactment of this 
section.
    ``(2) Not later than November 1, 1995, and each subsequent November 
1, the Attorney General shall compile data identifying--
            ``(A) the foreign airports which served as last points of 
        departure for aliens who arrived by air at United States ports 
        of entry without valid documentation during the preceding 
        fiscal years,
            ``(B) the number and nationality of such aliens arriving 
        from each such foreign airport, and
            ``(C) the primary routes such aliens followed from their 
        country of origin to the United States.
    ``(3) Subject to paragraph (4), not later than 4 years after the 
date of enactment of this section, the Attorney General, in 
consultation with the Secretary of State, shall establish preinspection 
stations in at least 5 additional foreign airports which the Attorney 
General, in consultation with the Secretary of State, determines based 
on the data compiled under paragraph (2) and such other information as 
may be available would most effectively reduce the number of aliens who 
arrive from abroad by air at points of entry within the United States 
without valid documentation. Such preinspection stations shall be in 
addition to those established prior to or pursuant to paragraph (1).
    ``(4) Prior to the establishment of a preinspection station the 
Attorney General, in consultation with the Secretary of State, shall 
ensure that--
            ``(A) employees of the United States stationed at the 
        preinspection station and their accompanying family members 
        will receive appropriate protection,
            ``(B) such employees and their families will not be subject 
        to unreasonable risks to their welfare and safety, and
            ``(C) the country in which the preinspection station is to 
        be established maintains practices and procedures with respect 
        to asylum seekers and refugees in accordance with the 
        Convention Relating to the Status of Refugees (done at Geneva, 
        July 28, 1951), or the Protocol Relating to the Status of 
        Refugees (done at New York, January 31, 1967).
    ``(b) Establishment of Carrier Consultant Program.--The Attorney 
General shall assign additional immigration officers to assist air 
carriers in the detection of fraudulent documents at foreign airports 
which, based on the records maintained pursuant to subsection (a)(2), 
served as a point of departure for a significant number of arrivals at 
United States ports of entry without valid documentation, but where no 
preinspection station exists.''.
    (b) Clerical Amendment.--The table of contents, as amended by 
section 308(a)(2), is further amended by inserting after the item 
relating to section 235 the following new item:

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

SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF FRAUDULENT 
              DOCUMENTS.

    (a) Use of Funds.--Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is 
amended--
            (1) in clause (iv), by inserting ``, including training of, 
        and technical assistance to, commercial airline personnel 
        regarding such detection'' after ``United States'', and
            (2) by adding at the end the following:
``The Attorney General shall provide for expenditures for training and 
assistance described in clause (iv) in an amount, for any fiscal year, 
not less than 5 percent of the total of the expenses incurred that are 
described in the previous sentence.''.
    (b) Compliance With Detection Regulations.--Section 212(f) (8 
U.S.C. 1182(f)) is amended by adding at the end the following: 
``Whenever the Attorney General finds that a commercial airline has 
failed to comply with regulations of the Attorney General relating to 
requirements of airlines for the detection of fraudulent documents used 
by passengers traveling to the United States (including the training of 
personnel in such detection), the Attorney General may suspend the 
entry of some or all aliens transported to the United States by such 
airline.''.
    (c) Effective Dates.--
            (1) The amendments made by subsection (a) shall apply to 
        expenses incurred during or after fiscal year 1996.
            (2) The Attorney General shall first issue, in proposed 
        form, regulations referred to in the second sentence of section 
        212(f) of the Immigration and Nationality Act, as added by the 
        amendment made by subsection (b), by not later than 90 days 
        after the date of the enactment of this Act.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

     Subtitle A--Amendments to the Immigration and Nationality Act

SEC. 801. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF MEMBERS OF 
              THE ARMED SERVICES.

    Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended--
            (1) by striking ``or'' at the end of subparagraph (R),
            (2) by striking the period at the end of subparagraph (S) 
        and inserting ``; or'', and
            (3) by inserting after subparagraph (S) the following new 
        subparagraph:
            ``(T) an alien who is the spouse or child of a another 
        alien who is serving on active duty in the Armed Forces of the 
        United States during the period in which the other alien is 
        stationed in the United States.''.

SEC. 802. AMENDED DEFINITION OF AGGRAVATED FELONY.

    (a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)), as 
amended by section 222 of the Immigration and Nationality Technical 
Corrections Act of 1994 (Public Law 103-416), is amended--
            (1) in subparagraph (N), by striking ``of title 18, United 
        States Code'' and inserting ``of this Act'', and
            (2) in subparagraph (O), by striking ``which constitutes'' 
        and all that follows up to the semicolon at the end and 
        inserting ``, for the purpose of commercial advantage''.
    (b) Effective Date of Conviction.--Section 101(a)(43) (8 U.S.C. 
1101(a)(43)), as amended by section 222(a) of the Immigration and 
Nationality Technical Corrections Act of 1994 (Public Law 103-416), is 
amended by adding at the end the following sentence: ``Notwithstanding 
any other provision of law, the term applies for all purposes to 
convictions entered before, on, or after the date of enactment of the 
Immigration and Nationality Technical Corrections Act of 1994.''.
    (c) Effective Date.--The amendments made by this section shall be 
effective as if included in the enactment of the Immigration and 
Nationality Technical Corrections Act of 1994 (Public Law 103-416).

SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.

    (a) In General.--Section 202(a) (8 U.S.C. 1152(a)) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (5)'', and
            (2) by adding at the end the following new paragraph:
            ``(5) Construction.--Nothing in paragraph (1) shall be 
        construed to limit the authority of the Secretary of State to 
        determine the procedures for the processing of immigrant visa 
        applications or the locations where such applications will be 
        processed.''.
    (b) Elimination of Consulate Shopping for Visa Overstays.--Section 
222 (8 U.S.C. 1202) is amended by adding at the end the following new 
subsection:
    ``(g) In the case of an alien who has entered and remained in the 
United States beyond the authorized period of stay, the alien is not 
eligible to be admitted to the United States as a nonimmigrant on the 
basis of a visa issued other than in a consular office located in the 
country of the alien's nationality (or, if there is no office in such 
country, at such other consular office as the Secretary of State shall 
specify).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to visas issued before, on, or after the date of the enactment of 
this Act.

SEC. 804. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION 
              FOR VISAS.

    Section 212(b) (8 U.S.C. 1182(b)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B);
            (2) by striking ``If'' and inserting ``(1) Subject to 
        paragraph (2), if''; and
            (3) by inserting at the end the following paragraph:
    ``(2) With respect to applications for visas, the Secretary of 
State may waive the application of paragraph (1) in the case of a 
particular alien or any class or classes of aliens inadmissible under 
subsection (a)(2) or (a)(3).''.

SEC. 805. TREATMENT OF CANADIAN LANDED IMMIGRANTS.

    Section 212(d)(4)(B) (8 U.S.C. 1182(d)(4)(B)) is amended--
            (1) by striking ``and residents'' and inserting ``, 
        residents'', and
            (2) by striking ``nationals,'' and inserting ``nationals, 
        and aliens who are granted permanent residence by the 
        government of the foreign contiguous territory and who are 
        residing in that territory''.

SEC. 806. CHANGES RELATING TO H-1B NONIMMIGRANTS.

    (a) Provisions Relating to Wage Determinations.--Section 212(n) (8 
U.S.C. 1182(n)) is amended by adding at the end the following new 
paragraphs:
    ``(3) For purposes of determining the actual wage level paid under 
paragraph (1)(A)(i)(I), an employer shall not be required to have and 
document an objective system to determine the wages of workers.
    ``(4) For purposes of determining the actual wage level paid under 
paragraph (1)(A)(i)(I), a non-H-1B-dependent employer of more than 
1,000 full-time equivalent employees in the United States may 
demonstrate that in determining the wages of H-1B nonimmigrants, it 
utilizes a compensation and benefits system that has been previously 
certified by the Secretary of Labor (and recertified at such intervals 
the Secretary of Labor may designate) to satisfy all of the following 
conditions:
            ``(A) The employer has a company-wide compensation policy 
        for its full-time equivalent employees which ensures salary 
        equity among employees similarly employed.
            ``(B) The employer has a company-wide benefits policy under 
        which all full-time equivalent employees similarly employed are 
        eligible for substantially the same benefits or under which 
        some employees may accept higher pay, at least equal in value 
        to the benefits, in lieu of benefits.
            ``(C) The compensation and benefits policy is communicated 
        to all employees.
            ``(D) The employer has a human resources or compensation 
        function that administers its compensation system.
            ``(E) The employer has established documentation for the 
        job categories in question.
An employer's payment of wages consistent with a system which meets the 
conditions of subparagraphs (A) through (E) of this paragraph which has 
been certified by the Secretary of Labor pursuant to this paragraph 
shall be deemed to satisfy the requirements of paragraph (1)(A)(i)(I).
    ``(5) For purposes of determining the prevailing wage level paid 
under paragraph (1)(A)(i)(II), employers may provide a published 
survey, a State Employment Security Agency determination, a 
determination by an accepted private source, or any other legitimate 
source. The Secretary of Labor shall, not later than 180 days from the 
date of enactment of this paragraph, provide for acceptance of 
prevailing wage determinations not made by a State Employment Security 
Agency. The Secretary of Labor or the Secretary's designate must either 
accept such a non-State Employment Security Agency wage determination 
or issue a written decision rejecting the determination and detailing 
the legitimate reasons that the determination is not acceptable. If a 
detailed rejection is not issued within 45 days of the date of the 
Secretary's receipt of such determination, the determination will be 
deemed accepted. An employer's payment of wages consistent with a 
prevailing wage determination not rejected by the Secretary of Labor 
under this paragraph shall be deemed to satisfy the requirements of 
paragraph (1)(A)(i)(II).''.
    (b) Inapplicability of Certain Regulations to Non-H-1B-Dependent 
Employers.--
            (1) Definition of h-1b-dependent employer.--Section 
        212(n)(2) (8 U.S.C. 1182(n)(2)) is amended by inserting after 
        subparagraph (D) the following new subparagraphs:
    ``(E) In this subsection, the term `H-1B-dependent employer' means 
an employer that--
            ``(i)(I) has fewer than 21 full-time equivalent employees 
        who are employed in the United States, and (II) employs 4 or 
        more H-1B nonimmigrants; or
            ``(ii)(I) has at least 21 but not more than 150 full-time 
        equivalent employees who are employed in the United States, and 
        (II) employs H-1B nonimmigrants in a number that is equal to at 
        least 20 percent of the number of such full-time equivalent 
        employees; or
            ``(iii)(I) has at least 151 full-time equivalent employees 
        who are employed in the United States, and (II) employs H-1B 
        nonimmigrants in a number that is equal to at least 15 percent 
        of the number of such full-time equivalent employees.
In applying this subparagraph, any group treated as a single employer 
under subsection (b), (c), (m), or (o) of section 414 of the Internal 
Revenue Code of 1986 shall be treated as a single employer. Aliens 
employed under a petition for H-1B nonimmigrants shall be treated as 
employees, and counted as nonimmigrants under section 
101(a)(15)(H)(i)(b) under this subparagraph. In this subsection, the 
term `non-H-1B-dependent employer' means an employer that is not an H-
1B-dependent employer.
    ``(F)(i) An employer who is an H-1B-dependent employer as defined 
in subparagraph (E) can nevertheless be treated as a non-H-1B-dependent 
employer for five years on a probationary status if--
            ``(I) the employer has demonstrated to the satisfaction of 
        the Secretary of Labor that it has developed a reasonable plan 
        for reducing its use of H-1B nonimmigrants over a five-year 
        period to the level of a non-H-1B-dependent employer, and
            ``(II) annual reviews of that plan by the Secretary of 
        Labor indicate successful implementation of that plan.
If the employer has not met the requirements established in this 
clause, the probationary status ends and the employer shall be treated 
as an H-1B-dependent employer until such time as the employer can prove 
to the Secretary of Labor that it no longer is an H-1B-dependent 
employer as defined in subparagraph (E).
    ``(ii) The probationary program set out in clause (i) shall be 
effective for no longer than five years after the date of the enactment 
of this subparagraph.''.
            (2) Limiting application of certain requirements for non-h-
        1b-dependent employers.--Section 212(n) (8 U.S.C. 1182(n)), as 
        amended by subsection (a), is further amended by adding at the 
        end the following new paragraph:
    ``(6) In carrying out this subsection in the case of an employer 
that is a non-H-1B-dependent employer--
            ``(A) the employer is not required to post a notice at a 
        worksite that was not listed on the application under paragraph 
        (1) if the worksite is within the area of intended employment 
        listed on such application for such nonimmigrant; and
            ``(B) if the employer has filed and had certified an 
        application under paragraph (1) with respect to one or more H-
        1B nonimmigrants for one or more areas of employment--
                    ``(i) the employer is not required to file and have 
                certified an additional application under paragraph (1) 
                with respect to such a nonimmigrant for an area of 
                employment not listed in the previous application 
                because the employer has placed one or more such 
                nonimmigrants in such a nonlisted area so long as 
                either (I) each such nonimmigrant is not placed in such 
                nonlisted areas for a period exceeding 45 workdays in 
                any 12-month period and not to exceed 90 workdays in 
                any 36-month period, or (II) each such nonimmigrant's 
                principal place of employment has not changed to a 
                nonlisted area, and
                    ``(ii) the employer is not required to pay per diem 
                and transportation costs at any specified rates for 
                work performed in such a nonlisted area.''.
            (3) Limitation on authority to initiate complaints and 
        conduct investigations for non-h-1b-dependent employers.--
        Section 212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amended--
                    (A) in the second sentence, by inserting before the 
                period at the end the following: ``, except that the 
                Secretary may only file such a complaint in the case of 
                an H-1B-dependent employer (as defined in subparagraph 
                (E)) or when conducting an annual review of a plan 
                pursuant to subparagraph (F)(i) if there appears to be 
                a violation of an attestation or a misrepresentation of 
                a material fact in an application'', and
                    (B) by inserting after the second sentence the 
                following new sentence: ``No investigation or hearing 
                shall be conducted with respect to a non-H-1B-dependent 
                employer except in response to a complaint filed under 
                the previous sentence.''.
    (c) No Displacement of American Workers Permitted.--(1) Section 
212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting after 
subparagraph (D) the following new subparagraph:
            ``(E)(i) If the employer, within the period beginning 6 
        months before and ending 90 days following the date of filing 
        of the application or during the 90 days immediately preceding 
        and following the date of filing of any visa petition supported 
        by the application, has laid off or lays off any protected 
        individual with substantially equivalent qualifications and 
        experience in the specific employment as to which the 
        nonimmigrant is sought or is employed, the employer will pay a 
        wage to the nonimmigrant that is at least 110 percent of the 
        arithmetic mean of the last wage earned by all such laid off 
        individuals (or, if greater, at least 110 percent of the 
        arithmetic mean of the highest wage earned by all such laid off 
        individuals within the most recent year if the employer reduced 
        the wage of any such laid off individual during such year other 
        than in accordance with a general company-wide reduction of 
        wages for substantially all employees).
            ``(ii) Except as provided in clause (iii), in the case of 
        an H-1B-dependent employer which employs an H-1B nonimmigrant, 
        the employer shall not place the nonimmigrant with another 
        employer where--
                    ``(I) the nonimmigrant performs his or her duties 
                in whole or in part at one or more worksites owned, 
                operated, or controlled by such other employer, and
                    ``(II) there are indicia of an employment 
                relationship between the nonimmigrant and such other 
                employer.
            ``(iii) Clause (ii) shall not apply to an employer's 
        placement of an H-1B nonimmigrant with another employer if--
                    ``(I) the other employer has executed an 
                attestation that it, within the period beginning 6 
                months before and ending 90 days following the date of 
                filing of the application or during the 90 days 
                immediately preceding and following the date of filing 
                of any visa petition supported by the application, has 
                not laid off and will not lay off any protected 
                individual with substantially equivalent qualifications 
                and experience in the specific employment as to which 
                the H-1B nonimmigrant is being sought or is employed, 
                or
                    ``(II) the employer pays a wage to the nonimmigrant 
                that is at least 110 percent of the arithmetic mean of 
                the last wage earned by all such laid off individuals 
                (or, if greater, at least 110 percent of the arithmetic 
                mean of the highest wage earned by all such laid off 
                individuals within the most recent year if the other 
                employer reduced the wage of any such laid off 
                individual during such year other than in accordance 
                with a general company-wide reduction of wages for 
                substantially all employees).
            ``(iv) For purposes of this subparagraph, the term `laid 
        off', with respect to an individual--
                    ``(I) refers to the individual's loss of 
                employment, other than a discharge for inadequate 
                performance, cause, voluntary departure, or retirement, 
                and
                    ``(II) does not include any situation in which the 
                individual involved is offered, as an alternative to 
                such loss of employment, a similar job opportunity with 
                the same employer (or with the H-1B-dependent employer 
                described in clause (ii)) carrying equivalent or higher 
                compensation and benefits as the position from which 
                the employee was laid off, regardless of whether or not 
                the employee accepts the offer.
            ``(v) For purposes of this subparagraph, the term 
        `protected individual' means an individual who--
                    ``(I) is a citizen or national of the United 
                States, or
                    ``(II) is an alien who is lawfully admitted for 
                permanent residence, is granted the status of an alien 
                lawfully admitted for temporary residence under section 
                210(a), 210A(a), or 245(a)(1), is admitted as a refugee 
                under section 207, or is granted asylum under section 
                208.''.
    (2) Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by 
subsection (b)(1), is amended by adding at the end the following new 
subparagraph:
    ``(G) Under regulations of the Secretary, the previous provisions 
of this paragraph shall apply to complaints respecting a failure of an 
other employer to comply with an attestation described in paragraph 
(1)(E)(iii)(I) in the same manner that they apply to complaints with 
respect to a failure to comply with a condition described in paragraph 
(1)(E)(i).''.
    (3) Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is amended by 
inserting ``or (1)(E)'' after ``(1)(B)''.
    (d) Increased Penalties.--Section 212(n)(2) is amended--
            (1) in subparagraph (C)(i), by striking ``$1,000'' and 
        inserting ``$5,000'';
            (2) by amending subparagraph (C)(ii) to read as follows:
            ``(ii) the Attorney General shall not approve petitions 
        filed with respect to that employer (or any employer who is a 
        successor in interest) under section 204 or 214(c) for aliens 
        to be employed by the employer--
                    ``(I) during a period of at least 1 year in the 
                case of the first determination of a violation or any 
                subsequent determination of a violation occurring 
                within 1 year of that first violation or any subsequent 
                determination of a nonwillful violation occurring more 
                than 1 year after the first violation;
                    ``(II) during a period of at least 5 years in the 
                case of a determination of a willful violation 
                occurring more than 1 year after the first violation; 
                and
                    ``(III) at any time in the case of a determination 
                of a willful violation occurring more than 5 years 
                after a violation described in subclause (II).''; and
            (3) in subparagraph (D), by adding at the end the 
        following: ``If a penalty under subparagraph (C) has been 
        imposed in the case of a willful violation, the Secretary shall 
        impose on the employer a civil monetary penalty in an amount 
        equalling twice the amount of backpay.''.
    (e) Computation of Prevailing Wage Level.--Section 212(n) (8 U.S.C. 
1182(n)), as amended by subsections (a) and (b)(2), is further amended 
by adding at the end the following new paragraph:
    ``(7) In computing the prevailing wage level for an occupational 
classification in an area of employment for purposes of paragraph 
(1)(A)(i)(II) and subsection (a)(5)(A) in the case of an employee of 
(A) an institution of higher education (as defined in section 1201(a) 
of the Higher Education Act of 1965), or a related or affiliated 
nonprofit entity, or (B) a nonprofit scientific research organization, 
the prevailing wage level shall only take into account employees at 
such institutions and entities in the area of employment.''.
    (f) Conforming Amendments.--Section 212(n) (8 U.S.C. 1182(n)) is 
further amended--
            (1) in the matter in paragraph (1) before subparagraph (A), 
        by inserting ``(in this subsection referred to as an `H-1B 
        nonimmigrant')'' after ``101(a)(15)(H)(i)(b)''; and
            (2) in paragraph (1)(A), by striking ``nonimmigrant 
        described in section 101(a)(15)(H)(i)(b)'' and inserting ``H-1B 
        nonimmigrant''.
    (g) Effective Dates.--
            (1) Except as otherwise provided in this subsection, the 
        amendments made by this section shall take effect on the date 
        of the enactment of this Act and shall apply to applications 
        filed with the Secretary of Labor on or after 30 days after the 
        date of the enactment of this Act.
            (2) The amendments made by subsection (b)(3) shall apply to 
        complaints filed, and to investigations or hearings initiated, 
        on or after January 19, 1995.

SEC. 807. VALIDITY OF PERIOD OF VISAS.

    (a) Extension of Validity of Immigrant Visas to 6 Months.--Section 
221(c) (8 U.S.C. 1201(c)) is amended by striking ``four months'' and 
inserting ``six months''.
    (b) Authorizing Application of Reciprocity Rule for Nonimmigrant 
Visa in Case of Refugees and Permanent Residents.--Such section is 
further amended by inserting before the period at the end of the third 
sentence the following: ``; except that in the case of aliens who are 
nationals of a foreign country and who either are granted refugee 
status and firmly resettled in another foreign country or are granted 
permanent residence and residing in another foreign country, the 
Secretary of State may prescribe the period of validity of such a visa 
based upon the treatment granted by that other foreign country to alien 
refugees and permanent residents, respectively, in the United States''.

SEC. 808. LIMITATION ON ADJUSTMENT OF STATUS OF INDIVIDUALS NOT 
              LAWFULLY PRESENT IN THE UNITED STATES.

    (a) In General.--Section 245(i) (8 U.S.C. 1255), as added by 
section 506(b) of the Department of State and Related Agencies 
Appropriations Act, 1995 (Public Law 103-317, 108 Stat. 1765), is 
amended--
            (1) in paragraph (1), by inserting ``pursuant to section 
        301 of the Immigration Act of 1990 is not required to depart 
        from the United States and who'' after ``who'' the first place 
        it appears; and
            (2) by adding at the end of paragraph (2) the following: 
        ``For purposes of subparagraph (A), the ground of 
        inadmissibility described in section 212(a)(9) shall not 
        apply.''.
    (b) Effective Date.--(1) The amendment made by subsection (a)(1) 
shall apply to applications for adjustment of status filed after 
September 30, 1996.
    (2) The amendment made by subsection (a)(2) shall take effect on 
the title III-A effective date (as defined in section 309(a)).

SEC. 809. LIMITED ACCESS TO CERTAIN CONFIDENTIAL INS FILES.

    (a) Legalization Program.--Section 245A(c)(5) (8 U.S.C. 
1255a(c)(5)) is amended--
            (1) by redesignating subparagraphs (A) through (C) as 
        clauses (i) through (iii), respectively;
            (2) by striking ``Neither'' and inserting ``(A) Except as 
        provided in this paragraph, neither'';
            (3) by redesignating the last sentence as subparagraph (D);
            (4) by striking the semicolon and inserting a period;
            (5) by striking ``except that the'' and inserting the 
        following:
            ``(B) The'';
            (6) by inserting after subparagraph (B), as created by the 
        amendment made by paragraph (5), the following:
            ``(C) The Attorney General may authorize an application to 
        a Federal court of competent jurisdiction for, and a judge of 
        such court may grant, an order authorizing disclosure of 
        information contained in the application of the alien under 
        this section to be used--
                    ``(i) for identification of the alien when there is 
                reason to believe that the alien has been killed or 
                severely incapacitated; or
                    ``(ii) for criminal law enforcement purposes 
                against the alien whose application is to be disclosed 
                if the alleged criminal activity occurred after the 
                legalization application was filed and such activity 
                involves terrorist activity or poses either an 
                immediate risk to life or to national security, or 
                would be prosecutable as an aggravated felony, but 
                without regard to the length of sentence that could be 
                imposed on the applicant.''; and
            (7) by adding at the end the following new subparagraph:
            ``(E) Nothing in this paragraph shall preclude the release 
        for immigration enforcement purposes of the following 
        information contained in files or records of the Service 
        pertaining to the application:
                    ``(i) The immigration status of the applicant on 
                any given date after the date of filing the application 
                (including whether the applicant was authorized to 
                work) but only for purposes of a determination of 
                whether the applicant is eligible for relief from 
                deportation or removal and not otherwise.
                    ``(ii) The date of the applicant's adjustment (if 
                any) to the status of an alien lawfully admitted for 
                permanent residence.
                    ``(iii) Information concerning whether the 
                applicant has been convicted of a crime occurring after 
                the date of filing the application.
                    ``(iv) The date or disposition of the 
                application.''.
    (b) Special Agricultural Worker Program.--Section 210(b) of such 
Act (8 U.S.C. 1160(b)) is amended--
            (1) in paragraph (5), by inserting ``, except as permitted 
        under paragraph (6)(B)'' after ``consent of the alien''; and
            (2) in paragraph (6)--
                    (A) in subparagraph (A), by striking the period at 
                the end and inserting a comma,
                    (B) by redesignating subparagraphs (A) through (C) 
                as clauses (i) through (iii), respectively,
                    (C) by striking ``Neither'' and inserting ``(A) 
                Except as provided in subparagraph (B), neither'',
                    (D) by striking ``Anyone'' and inserting the 
                following:
            ``(C) Anyone'',
                    (E) by inserting after the first sentence the 
                following:
            ``(B) The Attorney General may authorize an application to 
        a Federal court of competent jurisdiction for, and a judge of 
        such court may grant, an order authorizing disclosure of 
        information contained in the application of the alien to be 
        used--
                    ``(i) for identification of the alien when there is 
                reason to believe that the alien has been killed or 
                severely incapacitated, or
                    ``(ii) for criminal law enforcement purposes 
                against the alien whose application is to be disclosed 
                if the alleged criminal activity occurred after the 
                special agricultural worker application was filed and 
                such activity involves terrorist activity or poses 
                either an immediate risk to life or to national 
                security, or would be prosecutable as an aggravated 
                felony, but without regard to the length of sentence 
                that could be imposed on the applicant.'', and
                    (F) by adding at the end the following new 
                subparagraph:
            ``(D) Nothing in this paragraph shall preclude the release 
        for immigration enforcement purposes of the following 
        information contained in files or records of the Service 
        pertaining to the application:
                    ``(i) The immigration status of the applicant on 
                any given date after the date of filing the application 
                (including whether the applicant was authorized to 
                work).
                    ``(ii) The date of the applicant's adjustment (if 
                any) to the status of an alien lawfully admitted for 
                permanent residence.
                    ``(iii) Information concerning whether the 
                applicant has been convicted of a crime occurring after 
                the date of filing the application.
                    ``(iv) The date or disposition of the 
                application.''.

SEC. 810. CHANGE OF NONIMMIGRANT CLASSIFICATION.

    Section 248 (8 U.S.C. 1258) is amended by inserting at the end the 
following:
``Any alien whose status is changed under this section may apply to the 
Secretary of State for a visa without having to leave the United States 
and apply at the visa office.''.

SEC. 811. CERTIFICATION REQUIREMENTS FOR FOREIGN HEALTH-CARE WORKERS.

    (a) In General.--Section 212(a) (8 U.S.C. 1182(a)), as amended by 
section 301(b)(1), is amended--
            (1) by redesignating paragraph (10) as paragraph (11), and
            (2) by inserting after paragraph (9) the following new 
        paragraph:
            ``(10) Certification requirements for foreign health-care 
        workers.--Any alien who seeks to enter the United States for 
        the purpose of performing labor as a health care-worker, other 
        than a physician, is inadmissible unless the consular officer 
        receives a certification from the Commission on Graduates of 
        Foreign Nursing Schools or a certificate from an equivalent 
        independent credentialing organization approved by the 
        Secretary of Labor verifying that--
                    ``(A) the alien's education, training, or 
                experience meet all applicable statutory and regulatory 
                requirements for entry into the United States under the 
                classification specified in the application and is 
                comparable to that required for an American 
                practitioner of the same type;
                    ``(B) any foreign license submitted by the alien is 
                authentic and unencumbered;
                    ``(C) the alien must have the ability to read, 
                write, and speak the English language at a level 
                required for standard business communication, as 
                demonstrated by the alien's score on one or more 
                standardized tests; and
                    ``(D) if the alien is a registered nurse, the alien 
                has passed an examination testing both nursing skills 
                and English language proficiency.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to aliens entering the United States more than 180 days after the 
date of the enactment of this Act.

SEC. 812. COMPUTATION OF TARGETED ASSISTANCE.

    Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is amended by adding at the 
end the following new subparagraph:
    ``(C) Except for the Targeted Assistance Ten Percent Discretionary 
Program, all grants made available under this paragraph for a fiscal 
year shall be allocated by the Office of Resettlement in a manner that 
ensures that each qualifying county shall receive the same amount of 
assistance for each refugee and entrant residing in the county as of 
the beginning of the fiscal year who arrived in the United States not 
more than 60 months prior to such fiscal year.''.

                      Subtitle B--Other Provisions

SEC. 831. COMMISSION REPORT ON FRAUD ASSOCIATED WITH BIRTH 
              CERTIFICATES.

    Section 141 of the Immigration Act of 1990 is amended--
            (1) in subsection (b)--
                    (A) by striking ``and'' at the end of paragraph 
                (1),
                    (B) by striking the period at the end of paragraph 
                (2) and inserting ``; and'', and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) transmit to Congress, not later than January 1, 1997, 
        a report containing recommendations (consistent with subsection 
        (c)(3)) of methods of reducing or eliminating the fraudulent 
        use of birth certificates for the purpose of obtaining other 
        identity documents that may be used in securing immigration, 
        employment, or other benefits.''; and
            (2) by adding at the end of subsection (c), the following 
        new paragraph:
            ``(3) For report on reducing birth certificate fraud.--In 
        the report described in subsection (b)(3), the Commission shall 
        consider and analyze the feasibility of--
                    ``(A) establishing national standards for 
                counterfeit-resistant birth certificates, and
                    ``(B) limiting the issuance of official copies of a 
                birth certificate of an individual to anyone other than 
                the individual or others acting on behalf of the 
                individual.''.

SEC. 832. UNIFORM VITAL STATISTICS.

    (a) Pilot Program.--The Secretary of Health and Human Services 
shall consult with the State agency responsible for registration and 
certification of births and deaths and, within 2 years of the date of 
enactment of this Act, shall establish a pilot program for 3 of the 5 
States with the largest number of undocumented aliens of an electronic 
network linking the vital statistics records of such States. The 
network shall provide, where practical, for the matching of deaths with 
births and shall enable the confirmation of births and deaths of 
citizens of such States, or of aliens within such States, by any 
Federal or State agency or official in the performance of official 
duties. The Secretary and participating State agencies shall institute 
measures to achieve uniform and accurate reporting of vital statistics 
into the pilot program network, to protect the integrity of the 
registration and certification process, and to prevent fraud against 
the Government and other persons through the use of false birth or 
death certificates.
    (b) Report.--Not later than 180 days after the establishment of the 
pilot program under subsection (a), the Secretary shall issue a written 
report to Congress with recommendations on how the pilot program could 
effectively be instituted as a national network for the United States.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 1996 and for subsequent fiscal years such 
sums as may be necessary to carry out this section.

SEC. 833. COMMUNICATION BETWEEN STATE AND LOCAL GOVERNMENT AGENCIES, 
              AND THE IMMIGRATION AND NATURALIZATION SERVICE.

    Notwithstanding any other provision of Federal, State, or local 
law, no State or local government entity shall prohibit, or in any way 
restrict, any government entity or any official within its jurisdiction 
from sending to or receiving from the Immigration and Naturalization 
Service information regarding the immigration status, lawful or 
unlawful, of an alien in the United States. Notwithstanding any other 
provision of Federal, State, or local law (and excepting the attorney-
client privilege), no State or local government entity may be 
prohibited, or in any way restricted, from sending to or receiving from 
the Immigration and Naturalization Service information regarding the 
immigration status, lawful or unlawful, of an alien in the United 
States.

SEC. 834. REGULATIONS REGARDING HABITUAL RESIDENCE.

    Not later than 6 months after the date of the enactment of this 
Act, the Commissioner of the Immigration and Naturalization Service 
shall issue regulations governing rights of ``habitual residence'' in 
the United States under the terms of Compacts of Free Association 
(Public Law 99-239, Public Law 99-658, and Public Law 101-219).

SEC. 835. FEMALE GENITAL MUTILATION.

    (a) Information Regarding Female Genital Mutilation.--The 
Immigration and Naturalization Service (in cooperation with the 
Department of State) shall make available for all aliens who are issued 
immigrant or nonimmigrant visas, prior to or at the time of entry into 
the United States, the following information:
            (1) Information on the severe harm to physical and 
        psychological health caused by female genital mutilation which 
        is compiled and presented in a manner which is limited to the 
        practice itself and respectful to the cultural values of the 
        societies in which such practice takes place.
            (2) Information concerning potential legal consequences in 
        the United States for (A) performing female genital mutilation, 
        or (B) allowing a child under his or her care to be subjected 
        to female genital mutilation, under criminal or child 
        protection statutes or as a form of child abuse.
    (b) Limitation.--In consultation with the Secretary of State, the 
Commissioner of Immigration and Naturalization shall identify those 
countries in which female genital mutilation is commonly practiced and, 
to the extent practicable, limit the provision of information under 
subsection (a) to aliens from such countries.
    (c) Definition.--For purposes of this section, the term ``female 
genital mutilation'' means the removal or infibulation (or both) of the 
whole or part of the clitoris, the labia minora, or labia majora.

SEC. 836. DESIGNATION OF PORTUGAL AS A VISA WAIVER PILOT PROGRAM 
              COUNTRY WITH PROBATIONARY STATUS.

    Notwithstanding any other provision of law, Portugal is designated 
as a visa waiver pilot program country with probationary status under 
section 217(g) of the Immigration and Nationality Act for each of the 
fiscal years 1996, 1997, and 1998.

SEC. 837. ADJUSTMENT OF STATUS FOR CERTAIN POLISH AND HUNGARIAN 
              PAROLEES.

    (a) In General.--The Attorney General shall adjust the status of an 
alien described in subsection (b) to that of an alien lawfully admitted 
for permanent residence if the alien--
            (1) applies for such adjustment,
            (2) has been physically present in the United States for at 
        least 1 year and is physically present in the United States on 
        the date the application for such adjustment is filed,
            (3) is admissible to the United States as an immigrant, 
        except as provided in subsection (c), and
            (4) pays a fee (determined by the Attorney General) for the 
        processing of such application.
    (b) Aliens Eligible for Adjustment of Status.--The benefits 
provided in subsection (a) shall only apply to an alien who--
            (1) was a national of Poland or Hungary, and
            (2) was inspected and granted parole into the United States 
        during the period beginning on November 1, 1989, and ending on 
        December 31, 1991, after being denied refugee status.
    (c) Waiver of Certain Grounds for Inadmissibility.--The provisions 
of paragraphs (4), (5), and (7)(A) of section 212(a) of the Immigration 
and Nationality Act shall not apply to adjustment of status under this 
section and the Attorney General may waive any other provision of such 
section (other than paragraph (2)(C) and subparagraphs (A), (B), (C), 
or (E) of paragraph (3)) with respect to such an adjustment for 
humanitarian purposes, to assure family unity, or when it is otherwise 
in the public interest.
    (d) Date of Approval.--Upon the approval of such an application for 
adjustment of status, the Attorney General shall create a record of the 
alien's admission as a lawful permanent resident as of the date of the 
alien's inspection and parole described in subsection (b)(2).
    (e) No Offset in Number of Visas Available.--When an alien is 
granted the status of having been lawfully admitted for permanent 
residence under this section, the Secretary of State shall not be 
required to reduce the number of immigrant visas authorized to be 
issued under the Immigration and Nationality Act.

SEC. 838. SUPPORT OF DEMONSTRATION PROJECTS.

    (a) In General.--The Attorney General shall make available funds 
under this section, in each of 5 consecutive years (beginning with 
1996), to the Immigration and Naturalization Service or to other public 
or private nonprofit entities to support demonstration projects under 
this section at 10 sites throughout the United States. Each such 
project shall be designed to provide for the administration of the oath 
of allegiance (under section 337(a) of the Immigration and Nationality 
Act) on a business day around the 4th of July for approximately 500 
people whose application for naturalization has been approved. Each 
project shall provide for appropriate outreach and ceremonial and 
celebratory activities.
    (b) Selection of Sites.--The Attorney General shall, in the 
Attorney General's discretion, select diverse locations for sites on 
the basis of the number of naturalization applicants living in 
proximity to each site and on the degree of local community 
participation and support in the project to be held at the site. Not 
more than 2 sites may be located in the same State. The Attorney 
General should consider changing the sites selected from year to year.
    (c) Amounts Available; Use of Funds.--
            (1) Amount.--The amount that may be made available under 
        this section with respect to any single site for a site for a 
        year shall not exceed $5,000.
            (2) Use.--Funds provided under this section may only be 
        used to cover expenses incurred carrying out symbolic swearing-
        in ceremonies at the demonstration sites, including expenses 
        for--
                    (A) cost of personnel of the Immigration and 
                Naturalization Service (including travel and overtime 
                expenses),
                    (B) local outreach,
                    (C) rental of space, and
                    (D) costs of printing appropriate brochures and 
                other information about the ceremonies.
            (3) Availability of funds.--Funds that are otherwise 
        available to the Immigration and Naturalization Service to 
        carry out naturalization activities (including funds in the 
        Immigration Examinations Fee Account, under section 286(n) of 
        the Immigration and Nationality Act) shall be available under 
        this section.
    (d) Application.--In the case of an entity other than the 
Immigration and Naturalization Service seeking to conduct a 
demonstration project under this section, no amounts may be made 
available to the entity under this section unless an appropriate 
application has been made to, and approved by, the Attorney General, in 
a form and manner specified by the Attorney General.
    (e) State Defined.--In this section, the term ``State'' has the 
meaning given such term in section 101(a)(36) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(36)).

SEC. 839. TREATMENT OF CERTAIN ALIENS WHO SERVED WITH SPECIAL GUERRILLA 
              UNITS IN LAOS.

    (a) Waiver of English Language Requirement for Certain Aliens who 
Served With Special Guerrilla Units in Laos.--The requirement of 
paragraph (1) of section 312(a) of the Immigration and Nationality Act 
(8 U.S.C. 1423(a)) shall not apply to the naturalization of any person 
who--
            (1) served with a special guerrilla unit operating from a 
        base in Laos in support of the United States at any time during 
        the period beginning February 28, 1961, and ending September 
        18, 1978, or
            (2) is the spouse or widow of a person described in 
        paragraph (1).
    (b) Naturalization Through Service in a Special Guerrilla Unit in 
Laos.--
            (1) In general.--The first sentence of subsection (a) and 
        subsection (b) (other than paragraph (3)) of section 329 of the 
        Immigration and Nationality Act (8 U.S.C. 1440) shall apply to 
        an alien who served with a special guerrilla unit operating 
        from a base in Laos in support of the United States at any time 
        during the period beginning February 28, 1961, and ending 
        September 18, 1978, in the same manner as they apply to an 
        alien who has served honorably in an active-duty status in the 
        military forces of the United States during the period of the 
        Vietnam hostilities.
            (2) Proof.--The Immigration and Naturalization Service 
        shall verify an alien's service with a guerrilla unit described 
        in paragraph (1) through--
                    (A) review of refugee processing documentation for 
                the alien,
                    (B) the affidavit of the alien's superior officer,
                    (C) original documents,
                    (D) two affidavits from persons who were also 
                serving with such a special guerrilla unit and who 
                personally knew of the alien's service, or
                    (E) other appropriate proof.
The Service shall liberally construe the provisions of this subsection 
to take into account the difficulties inherent in proving service in 
such a guerrilla unit.

SEC. 840. SENSE OF THE CONGRESS REGARDING THE MISSION OF THE 
              IMMIGRATION AND NATURALIZATION SERVICE.

    It is the sense of the Congress that the mission statement of the 
Immigration and Naturalization Service of the Department of Justice 
should include that it is the responsibility of the Service to detect, 
apprehend, and remove those noncitizens whose entry was illegal, 
whether undocumented or fraudulent, and those found to have violated 
the conditions of their stay, particularly those involved in drug 
trafficking or other criminal activity.

SEC. 841. AUTHORIZATION OF REIMBURSEMENT OF CERTAIN POLISH APPLICANTS 
              FOR THE 1995 DIVERSITY IMMIGRANT PROGRAM.

    (a) In General.--After the date of enactment of this Act, the 
Secretary of State, in consultation with the Commissioner of the 
Immigration and Naturalization Service, shall establish a process to 
provide for the reimbursement of all fees to each national of Poland 
(other than a national illegally residing in the United States) who was 
an applicant for the diversity immigrant program for 1995 under section 
203(c) of the Immigration and Nationality Act who did not receive such 
a visa.
    (b) Funding.--The Secretary of State shall use such funds as may be 
available at the discretion of the Secretary to carry out the purpose 
of this section.
    (c) Review.--The Secretary of State shall review the procedures of 
the Department of State regarding the administration of the diversity 
immigrant program to ensure that the erroneous notification which 
occurred with respect to the 1995 diversity immigrant program for 
Polish residents does not recur.

SEC. 842. SENSE OF CONGRESS; REQUIREMENTS REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--It is the 
sense of the Congress that, to the greatest extent practicable, all 
equipment and products purchased with funds made available under this 
Act should be American-made.
    (b) Notice to Recipients of Grants.--In providing grants under this 
Act, the Attorney General, to the greatest extent practicable, shall 
provide to each recipient of a grant a notice describing the statement 
made in subsection (a) by the Congress.

SEC. 843. SENSE OF THE CONGRESS WITH RESPECT TO STATE CRIMINAL ALIEN 
              ASSISTANCE PROGRAM.

    (a) Findings.--The Congress finds as follows:
            (1) Of the $130,000,000 appropriated in fiscal year 1995 
        for the State Criminal Alien Assistance Program (SCAAP), the 
        Department of Justice disbursed the first $43,000,000 to States 
        on October 6, 1994, 32 days before the 1994 general election, 
        and then failed to disburse the remaining $87,000,000 until 
        January 31, 1996, 123 days after the end of fiscal year 1995.
            (2) While H.R. 2880, the continuing appropriation measure 
        funding certain operations of the Federal Government from 
        January 26, 1996 to March 15, 1996, included $66,000,000 to 
        reimburse States for the cost of incarcerating documented 
        illegal immigrant felons, the Department of Justice failed to 
        disburse any of the funds to the States during the period of 
        the continuing appropriation.
    (b) Sense of the Congress.--It is the sense of the Congress that--
            (1) the Department of Justice was disturbingly slow in 
        disbursing fiscal year 1995 funds under the State Criminal 
        Alien Assistance Program to States after the initial grants 
        were released just prior to the 1994 election; and
            (2) the Attorney General should make it a high priority to 
        expedite the disbursement of Federal funds intended to 
        reimburse States for the cost of incarcerating illegal 
        immigrants, aiming for all State Criminal Alien Assistance 
        Program funds to be disbursed during the fiscal year for which 
        they are appropriated.

                   Subtitle C--Technical Corrections

SEC. 851. MISCELLANEOUS TECHNICAL CORRECTIONS.

    (a) Amendments Relating to Public Law 103-322 (Violent Crime 
Control and Law Enforcement Act of 1994).--
            (1) Section 60024(1)(F) of the Violent Crime Control and 
        Law Enforcement Act of 1994 (Public Law 103-322) (in this 
        subsection referred to as ``VCCLEA'') is amended by inserting 
        ``United States Code,'' after ``title 18,''.
            (2) Section 130003(b)(3) of VCCLEA is amended by striking 
        ``Naturalization'' and inserting ``Nationality''.
            (3)(A) Section 214 (8 U.S.C. 1184) is amended by 
        redesignating the subsection (j), added by section 130003(b)(2) 
        of VCCLEA (108 Stat. 2025), and the subsection (k), added by 
        section 220(b) of the Immigration and Nationality Technical 
        Amendments Act of 1994 (Public Law 103-416, 108 Stat. 4319), as 
        subsections (k) and (l), respectively.
            (B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is 
        amended by striking ``214(j)'' and inserting ``214(k)''.
            (4)(A) Section 245 (8 U.S.C. 1255) is amended by 
        redesignating the subsection (i) added by section 130003(c)(1) 
        of VCCLEA as subsection (j).
            (B) Section 241(a)(2)(A)(i)(I) (8 U.S.C. 
        1251(a)(2)(A)(i)(I)), as amended by section 130003(d) of VCCLEA 
        and before redesignation by section 305(a)(2), is amended by 
        striking ``245(i)'' and inserting ``245(j)''.
            (5) Section 245(j)(3), as added by section 130003(c)(1) of 
        VCCLEA and as redesignated by paragraph (4)(A), is amended by 
        striking ``paragraphs (1) or (2)'' and inserting ``paragraph 
        (1) or (2)''.
            (6) Section 130007(a) of VCCLEA is amended by striking 
        ``242A(d)'' and inserting ``242A(a)(3)''.
            (7) The amendments made by this subsection shall be 
        effective as if included in the enactment of the VCCLEA.
    (b) Amendments Relating to Immigration and Nationality Technical 
Corrections Act of 1994.--
            (1) Section 101(d) of the Immigration and Nationality 
        Technical Corrections Act of 1994 (Public Law 103-416) (in this 
        subsection referred to as ``INTCA'') is amended--
                    (A) by striking ``Application'' and all that 
                follows through ``This'' and inserting ``Applicability 
                of Transmission Requirements.--This'';
                    (B) by striking ``any residency or other retention 
                requirements for'' and inserting ``the application of 
                any provision of law relating to residence or physical 
                presence in the United States for purposes of 
                transmitting United States''; and
                    (C) by striking ``as in effect'' and all that 
                follows through the end and inserting ``to any person 
                whose claim is based on the amendment made by 
                subsection (a) or through whom such a claim is 
                derived.''.
            (2) Section 102 of INTCA is amended by adding at the end 
        the following new subsection:
    ``(e) Transition.--In applying the amendment made by subsection (a) 
to children born before November 14, 1986, any reference in the matter 
inserted by such amendment to `five years, at least two of which' is 
deemed a reference to `10 years, at least 5 of which'.''.
            (3) Section 351(a) (8 U.S.C. 1483(a)), as amended by 
        section 105(a)(2)(A) of INTCA, is amended by striking the comma 
        after ``nationality''.
            (4) Section 207(2) of INTCA is amended by inserting a comma 
        after ``specified''.
            (5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended--
                    (A) in subparagraph (K)(ii), by striking the comma 
                after ``1588'', and
                    (B) in subparagraph (O), by striking ``suspicion'' 
                and inserting ``suspension''.
            (6) Section 273(b) (8 U.S.C. 1323(b)), as amended by 
        section 209(a) of INTCA, is amended by striking ``remain'' and 
        inserting ``remains''.
            (7) Section 209(a)(1) of INTCA is amended by striking 
        ``$3000'' and inserting ``$3,000''.
            (8) Section 209(b) of INTCA is amended by striking 
        ``subsection'' and inserting ``section''.
            (9) Section 217(f) (8 U.S.C. 1187(f)), as amended by 
        section 210 of INTCA, is amended by adding a period at the end.
            (10) Section 219(cc) of INTCA is amended by striking `` 
        `year 1993 the first place it appears' '' and inserting `` 
        `year 1993' the first place it appears''.
            (11) Section 219(ee) of INTCA is amended by adding at the 
        end the following new paragraph:
    ``(3) The amendments made by this subsection shall take effect on 
the date of the enactment of this Act.''.
            (12) Paragraphs (4) and (6) of section 286(r) (8 U.S.C. 
        1356(r)) are amended by inserting ``the'' before ``Fund'' each 
        place it appears.
            (13) Section 221 of INTCA is amended--
                    (A) by striking each semicolon and inserting a 
                comma,
                    (B) by striking ``disasters.'' and inserting 
                ``disasters,'', and
                    (C) by striking ``The official'' and inserting 
                ``the official''.
            (14) Section 242A (8 U.S.C. 1252a), as added by section 
        224(a) of INTCA and before redesignation as section 238 by 
        section 308(b)(5), is amended by redesignating subsection (d) 
        as subsection (c).
            (15) Section 225 of INTCA is amended--
                    (A) by striking ``section 242(i)'' and inserting 
                ``sections 242(i) and 242A'', and
                    (B) by inserting ``, 1252a'' after ``1252(i)''.
            (16) Except as otherwise provided in this subsection, the 
        amendments made by this subsection shall take effect as if 
        included in the enactment of INTCA.
    (c) Striking References to Section 210A.--
            (1)(A) Section 201(b)(1)(C) (8 U.S.C. 1151(b)(1)(C)) and 
        section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) are each 
        amended by striking ``, 210A,''.
            (B) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), before 
        redesignation by section 305(a)(2), is amended by striking 
        subparagraph (F).
            (2) Sections 204(c)(1)(D)(i) and 204(j)(4) of Immigration 
        Reform and Control Act of 1986 are each amended by striking ``, 
        210A,''.
    (d) Miscellaneous Changes in the Immigration and Nationality Act.--
            (1) Before being amended by section 308(a), the item in the 
        table of contents relating to section 242A is amended to read 
        as follows:

``Sec. 242A. Expedited deportation of aliens convicted of committing 
                            aggravated felonies.''.
            (2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is amended by 
        striking ``, 321, and 322'' and inserting ``and 321''.
            (3) Pursuant to section 6(b) of Public Law 103-272 (108 
        Stat. 1378)--
                    (A) section 214(f)(1) (8 U.S.C. 1184(f)(1)) is 
                amended by striking ``section 101(3) of the Federal 
                Aviation Act of 1958'' and inserting ``section 
                40102(a)(2) of title 49, United States Code''; and
                    (B) section 258(b)(2) (8 U.S.C. 1288(b)(2)) is 
                amended by striking ``section 105 or 106 of the 
                Hazardous Materials Transportation Act (49 U.S.C. App. 
                1804, 1805)'' and inserting ``section 5103(b), 5104, 
                5106, 5107, or 5110 of title 49, United States Code''.
            (4) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A)) is 
        amended by inserting a period after ``expended''.
            (5) Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is 
        amended--
                    (A) by striking ``and'' at the end of clause (iv),
                    (B) by moving clauses (v) and (vi) 2 ems to the 
                left,
                    (C) by striking ``; and'' in clauses (v) and (vi) 
                and inserting ``and for'',
                    (D) by striking the colons in clauses (v) and (vi), 
                and
                    (E) by striking the period at the end of clause (v) 
                and inserting ``; and''.
            (6) Section 412(b) (8 U.S.C. 1522(b)) is amended by 
        striking the comma after ``is authorized'' in paragraph (3) and 
        after ``The Secretary'' in paragraph (4).
    (e) Miscellaneous Change in the Immigration Act of 1990.--Section 
161(c)(3) of the Immigration Act of 1990 is amended by striking ``an 
an'' and inserting ``of an''.
    (f) Miscellaneous Changes in Other Acts.--
            (1) Section 506(a) of the Intelligence Authorization Act, 
        Fiscal Year 1990 (Public Law 101-193) is amended by striking 
        ``this section'' and inserting ``such section''.
            (2) Section 140 of the Foreign Relations Authorization Act, 
        Fiscal Years 1994 and 1995, as amended by section 505(2) of 
        Public Law 103-317, is amended--
                    (A) by moving the indentation of subsections (f) 
                and (g) 2 ems to the left, and
                    (B) in subsection (g), by striking ``(g)'' and all 
                that follows through ``shall'' and inserting ``(g) 
                Subsections (d) and (e) shall''.

            Passed the House of Representatives March 21, 1996.

            Attest:

                                                                 Clerk.
```