Calendar No. 364

104TH CONGRESS

2D SESSION H. R. 2202

AN ACT

To amend the Immigration and Nationality Act to

and for other purposes.and facilitate legal entries into the United States,measures, to reform the legal immigration systemeligibility for employment, and through otherdures, by improving the verification system forforming exclusion and deportation law and procealien smuggling and for document fraud, by revestigative personnel, by increasing penalties forUnited States by increasing border patrol and inimprove deterrence of illegal immigration to the

APRIL 15, 1996

Received; read twice and placed on the calendar
II

Calendar No. 364

104TH CONGRESS

2D SESSION H. R. 2202

IN THE SENATE OF THE UNITED STATES

APRIL 15, 1996

Received; read twice and placed on the calendar

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,
2

HR 2202 PCS

to reform the legal immigration system and facilitate

legal entries into the United States, and for other purposes.

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

3 SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION

4 AND NATIONALITY ACT; TABLE OF CON5 TENTS.

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

7 ‘‘Immigration in the National Interest Act of 1996’’.

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

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

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

14 Immigration and Nationality Act, and

15 (2) amendments to a section or other provision

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

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

18 amendment made to such section or other provision

19 elsewhere in this Act.

20 (c) TABLE OF CONTENTS.—The table of contents for

21 this Act is as follows:

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

contents.
3

HR 2202 PCS

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.
4

HR 2202 PCS

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.
5

HR 2202 PCS

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
6

HR 2202 PCS

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.
7

HR 2202 PCS

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.

1 TITLE I—DETERRENCE OF ILLE2 GAL IMMIGRATION THROUGH

3 IMPROVED BORDER EN4 FORCEMENT, PILOT PRO5 GRAMS, AND INTERIOR EN6 FORCEMENT

7 Subtitle A—Improved Enforcement

8 at Border

9 SEC. 101. BORDER PATROL AGENTS AND SUPPORT PER10 SONNEL.

11 (a) INCREASED NUMBER OF BORDER PATROL POSI12 TIONS.—The number of border patrol agents shall be in13 creased, for each fiscal year beginning with the fiscal year

14 1996 and ending with the fiscal year 2000, by 1,000 full15 time equivalent positions above the number of equivalent

16 positions as of September 30, 1994.
8

HR 2202 PCS

1 (b) INCREASE IN SUPPORT PERSONNEL.—The num2 ber of full-time support positions for personnel in support

3 of border enforcement, investigation, detention and depor4 tation, intelligence, information and records, legal pro5 ceedings, and management and administration in the Im6 migration and Naturalization Service shall be increased,

7 beginning with fiscal year 1996, by 800 positions above

8 the number of equivalent positions as of September 30,

9 1994.

10 (c) DEPLOYMENT OF NEW BORDER PATROL

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

12 extent practicable, ensure that the border patrol agents

13 hired pursuant to subsection (a) shall—

14 (1) be deployed among the various Immigration

15 and Naturalization Service sectors in proportion to

16 the level of illegal crossing of the borders of the

17 United States measured in each sector during the

18 preceding fiscal year and reasonably anticipated in

19 the next fiscal year, and

20 (2) be actively engaged in law enforcement ac21 tivities related to such illegal crossings.

22 SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.

23 (a) IN GENERAL.—The Attorney General, in con24 sultation with the Commissioner of the Immigration and

25 Naturalization Service, shall take such actions as may be
9

HR 2202 PCS

1 necessary to install additional physical barriers and roads

2 (including the removal of obstacles to detection of illegal

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

4 deter illegal crossings in areas of high illegal entry into

5 the United States.

6 (b) CONSTRUCTION OF FENCING AND ROAD IM7 PROVEMENTS IN THE BORDER AREA NEAR SAN DIEGO,

8 CALIFORNIA.—

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

10 (a), the Attorney General shall provide for the con11 struction along the 14 miles of the international

12 land border of the United States, starting at the Pa13 cific Ocean and extending eastward, of second and

14 third fences, in addition to the existing reinforced

15 fence, and for roads between the fences.

16 (2) PROMPT ACQUISITION OF NECESSARY EASE17 MENTS.—The Attorney General shall promptly ac18 quire such easements as may be necessary to carry

19 out this subsection and shall commence construction

20 of fences immediately following such acquisition (or

21 conclusion of portions thereof).

22 (3) AUTHORIZATION OF APPROPRIATIONS.—

23 There are authorized to be appropriated to carry out

24 this subsection not to exceed $12,000,000. Amounts
10

HR 2202 PCS

1 appropriated under this paragraph are authorized to

2 remain available until expended.

3 (c) WAIVER.—The provisions of the Endangered Spe4 cies Act of 1973 are waived to the extent the Attorney

5 General determines necessary to assure expeditious con6 struction of the barriers and roads under this section.

7 (d) FORWARD DEPLOYMENT.—

8 (1) IN GENERAL.—The Attorney General shall

9 forward deploy existing border patrol agents in those

10 areas of the border identified as areas of high illegal

11 entry into the United States in order to provide a

12 uniform and visible deterrent to illegal entry on a

13 continuing basis. The previous sentence shall not

14 apply to border patrol agents located at checkpoints.

15 (2) REPORT.—By not later than 6 months after

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

17 General shall submit to the appropriate committees

18 of Congress a report on the progress and effective19 ness of such forward deployments.

20 SEC. 103. IMPROVED BORDER EQUIPMENT AND TECH21 NOLOGY.

22 The Attorney General is authorized to acquire and

23 utilize, for the purpose of detection, interdiction, and re24 duction of illegal immigration into the United States, any

25 Federal equipment (including fixed wing aircraft, heli-
11

HR 2202 PCS

1 copters, four-wheel drive vehicles, sedans, night vision gog2 gles, night vision scopes, and sensor units) determined

3 available for transfer by any other agency of the Federal

4 Government upon request of the Attorney General.

5 SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTI6 FICATION CARD.

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

8 1101(a)(6)) is amended by adding at the end the follow9 ing: ‘‘Such regulations shall provide that (A) each such

10 document include a biometric identifier (such as the fin11 gerprint or handprint of the alien) that is machine read12 able and (B) an alien presenting a border crossing identi13 fication card is not permitted to cross over the border into

14 the United States unless the biometric identifier contained

15 on the card matches the appropriate biometric characteris16 tic of the alien.’’.

17 (b) EFFECTIVE DATES.—

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

19 amendment made by subsection (a) shall apply to

20 documents issued on or after 18 months after the

21 date of the enactment of this Act.

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

23 cards presented on or after 3 years after the date

24 of the enactment of this Act.
12

HR 2202 PCS

1 (c) REPORT.—Not later than one year after the im2 plementation of clause (A) of the sentence added by the

3 amendment made by subsection (a) the Attorney General

4 shall submit to Congress a report on the impact of such

5 clause on border crossing activities.

6 SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.

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

8 amended—

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

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

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

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

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

15 other than as designated by immigration officers shall be

16 subject to a civil penalty of—

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

18 each such entry (or attempted entry), or

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

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

21 subject to a civil penalty under this subsection.

22 Civil penalties under this subsection are in addition to,

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

24 that may be imposed.’’.
13

HR 2202 PCS

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

2 subsection (a) shall apply to illegal entries or attempts to

3 enter occurring on or after the first day of the sixth month

4 beginning after the date of the enactment of this Act.

5 SEC. 106. PROSECUTION OF ALIENS REPEATEDLY REEN6 TERING THE UNITED STATES UNLAWFULLY.

7 (a) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated to the Attorney General

9 such sums as may be necessary to provide for detention

10 and prosecution of each alien who commits an act that

11 constitutes a violation of section 275(a) of the Immigra12 tion and Nationality Act if the alien has committed such

13 an act on two previous occasions. Funds appropriated pur14 suant to this subsection are authorized to remain available

15 until expended.

16 (b) SENSE OF CONGRESS.—It is the sense of Con17 gress that the Attorney General should use available re18 sources to assure detention and prosecution of aliens in

19 the cases described in subsection (a).

20 SEC. 107. INSERVICE TRAINING FOR THE BORDER PATROL.

21 (a) REQUIREMENT.—Section 103 (8 U.S.C. 1103) is

22 amended by adding at the end the following new sub23 section:

24 ‘‘(e)(1) The Attorney General shall continue to pro25 vide for such programs (including intensive language
14

HR 2202 PCS

1 training programs) of inservice training for full-time and

2 part-time personnel of the Border Patrol in contact with

3 the public as will familiarize the personnel with the rights

4 and varied cultural backgrounds of aliens and citizens in

5 order to ensure and safeguard the constitutional and civil

6 rights, personal safety, and human dignity of all individ7 uals, aliens as well as citizens, within the jurisdiction of

8 the United States with whom such personnel have contact

9 in their work.

10 ‘‘(2) The Attorney General shall provide that the an11 nual report of the Service include a description of steps

12 taken to carry out paragraph (1).’’.

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated to the Attorney General

15 such sums as may be necessary for fiscal year 1996 to

16 carry out the inservice training described in section

17 103(e)(1) of the Immigration and Nationality Act. The

18 funds appropriated pursuant to this subsection are au19 thorized to remain available until expended.

20 SEC. 108. REPORT.

21 The Attorney General, in consultation with the Sec22 retary of State and the Secretary of Defense, shall con23 tract with the Comptroller General to track, monitor, and

24 evaluate the Administration’s border strategy to deter ille25 gal entry, more commonly referred to as prevention
15

HR 2202 PCS

1 through deterrence. To determine the efficacy of the Ad2 ministration’s strategy and related efforts, the Comptrol3 ler General shall submit to Congress a report of its find4 ings within one year after the date of the enactment of

5 this Act and, for every year thereafter, up to and including

6 fiscal year 2000. Such a report shall include a collection

7 and systematic analysis of data, including workload indi8 cators, related to activities to deter illegal entry. Such a

9 report shall also include recommendations to improve and

10 increase border security at both the border and ports-of11 entry.

12 Subtitle B—Pilot Programs

13 SEC. 111. PILOT PROGRAM ON INTERIOR REPATRIATION.

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

15 the date of the enactment of this Act, the Attorney Gen16 eral, after consultation with the Secretary of State, shall

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

18 for methods to deter multiple illegal entries by aliens into

19 the United States. The pilot program may include the de20 velopment and use of interior repatriation, third country

21 repatriation, and other disincentives for multiple illegal

22 entries into the United States.

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

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

25 together with the Secretary of State, shall submit a report
16

HR 2202 PCS

1 to the Committees on the Judiciary of the House of Rep2 resentatives and of the Senate on the operation of the pilot

3 program under this section and whether the pilot program

4 or any part thereof should be extended or made perma5 nent.

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

7 BASES FOR THE DETENTION OF INADMIS8 SIBLE OR DEPORTABLE ALIENS.

9 (a) ESTABLISHMENT.—The Attorney General and

10 the Secretary of Defense shall establish one or more pilot

11 programs for up to 2 years each to determine the feasibil12 ity of the use of military bases available because of actions

13 under a base closure law as detention centers by the Immi14 gration and Naturalization Service. In selecting real prop15 erty at a military base for use as a detention center under

16 the pilot program, the Attorney General and the Secretary

17 shall consult with the redevelopment authority established

18 for the military base and give substantial deference to the

19 redevelopment plan prepared for the military base.

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

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

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

23 to the Committees on the Judiciary of the House of Rep24 resentatives and of the Senate, and the Committees on

25 Armed Services of the House of Representatives and of
17

HR 2202 PCS

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

2 under a base closure law as detention centers by the Immi3 gration and Naturalization Service.

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

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

6 (1) The Defense Base Closure and Realignment

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

8 101–510; 10 U.S.C. 2687 note).

9 (2) Title II of the Defense Authorization

10 Amendments and Base Closure and Realignment

11 Act (Public Law 100–526; 10 U.S.C. 2687 note).

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

13 Code.

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

15 of the enactment of this Act.

16 SEC. 113. PILOT PROGRAM TO COLLECT RECORDS OF DE17 PARTING PASSENGERS.

18 (a) ESTABLISHMENT.—The Commissioner of the Im19 migration and Naturalization Service shall, within 180

20 days after the date of the enactment of this Act, establish

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

22 record of departure for every alien departing the United

23 States and match the records of departure with the record

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

25 shall be operated in as many air ports of entry as is
18

HR 2202 PCS

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

2 ports of entry with the heaviest volume of incoming traffic

3 from foreign territories.

4 (b) REPORT.—

5 (1) DEADLINE.—The Commissioner shall sub6 mit a report to Congress not later than 2 years after

7 the date the pilot program is implemented under

8 subsection (a).

9 (2) INFORMATION.—The report shall include

10 the following information for each participating port

11 of entry:

12 (A) The number of departure records col13 lected, with an accounting by country of nation14 ality of the departing alien.

15 (B) The number of departure records that

16 were successfully matched to records of the

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

18 an accounting by the alien’s country of nation19 ality and by the alien’s classification as an im20 migrant or nonimmigrant.

21 (C) The number of aliens who arrived at

22 the port of entry as nonimmigrants, or as a vis23 itor under the visa waiver program under sec24 tion 217 of the Immigration and Nationality

25 Act, for whom no matching departure record
19

HR 2202 PCS

1 has been obtained through the pilot program or

2 through other means, with an accounting by the

3 alien’s country of nationality and date of arrival

4 in the United States.

5 (D) The estimated cost of establishing a

6 national system to verify the departure from

7 the United States of aliens admitted tempo8 rarily as nonimmigrants.

9 (3) RECOMMENDATIONS.—The report also shall

10 include specific recommendations for implementation

11 of the pilot program on a permanent basis.

12 (c) USE OF INFORMATION ON VISA OVERSTAYS.—In13 formation on instances of visa overstay identified through

14 the pilot program shall be integrated into appropriate data

15 bases of the Immigration and Naturalization Service and

16 the Department of State, including those used at ports

17 of entry and at consular offices.

18 Subtitle C—Interior Enforcement

19 SEC. 121. INCREASE IN PERSONNEL FOR INTERIOR EN20 FORCEMENT.

21 Subject to the availability of appropriations, the At22 torney General shall provide for an increase in the number

23 of investigators and enforcement personnel of the Immi24 gration and Naturalization Service who are deployed in

25 the interior so that the number of such personnel is ade-
20

HR 2202 PCS

1 quate properly to investigate violations of, and to enforce,

2 immigration laws.

3 SEC. 122. ACCEPTANCE OF STATE SERVICES TO CARRY OUT

4 DEPORTATION FUNCTIONS.

5 Section 287 (8 U.S.C. 1357) is amended by adding

6 at the end the following:

7 ‘‘(g)(1) Notwithstanding section 1342 of title 31,

8 United States, Code, the Attorney General may enter into

9 a written agreement with a State, or any political subdivi10 sion of a State, pursuant to which an officer or employee

11 of the State or subdivision, who is determined by the At12 torney General to be qualified to perform a function of

13 an immigration officer, or any other officer of the Depart14 ment of Justice, under this Act in relation to deportation

15 of aliens in the United States (including investigation, ap16 prehension, detention, presentation of evidence on behalf

17 of the United States in administrative proceedings to de18 termine the deportability of any alien, conduct of such pro19 ceedings, or removal of aliens with respect to whom a final

20 order of deportation has been rendered) may carry out

21 such function at the expense of the State or political sub22 division and to the extent consistent with State and local

23 law.

24 ‘‘(2) An agreement under this subsection shall re25 quire that an officer or employee of a State or political
21

HR 2202 PCS

1 subdivision of a State performing a function under the

2 agreement shall have knowledge of, and adhere to, Federal

3 law relating to the function.

4 ‘‘(3) In performing a function under this subsection,

5 an officer or employee of a State or political subdivision

6 of a State shall be subject to the direction and supervision

7 of the Attorney General.

8 ‘‘(4) In performing a function under this subsection,

9 an officer or employee of a State or political subdivision

10 of a State may use Federal property or facilities, as pro11 vided in a written agreement between the Attorney Gen12 eral and the State or subdivision.

13 ‘‘(5) With respect to each officer or employee of a

14 State or political subdivision who is authorized to perform

15 a function under this subsection, the specific powers and

16 duties that may be, or are required to be, exercised or

17 performed by the individual, the duration of the authority

18 of the individual, and the position of the agent of the At19 torney General who is required to supervise and direct the

20 individual, shall be set forth in a written agreement be21 tween the Attorney General and the State or political sub22 division.

23 ‘‘(6) The Attorney General may not accept a service

24 under this subsection if the service will be used to displace

25 any Federal employee.
22

HR 2202 PCS

1 ‘‘(7) Except as provided in paragraph (8), an officer

2 or employee of a State or political subdivision of a State

3 performing functions under this subsection shall not be

4 treated as a Federal employee for any purpose other than

5 for purposes of chapter 81 of title 5, United States Code,

6 (relating to compensation for injury) and sections 2671

7 through 2680 of title 28, United States Code, (relating

8 to tort claims).

9 ‘‘(8) An officer or employee of a State or political

10 subdivision of a State acting under color of authority

11 under this subsection, or any agreement entered into

12 under this subsection, shall be considered to be acting

13 under color of Federal authority for purposes of determin14 ing the liability, and immunity from suit, of the officer

15 or employee in a civil action brought under Federal or

16 State law.

17 ‘‘(9) Nothing in this subsection shall be construed to

18 require any State or political subdivision of a State to

19 enter into an agreement with the Attorney General under

20 this subsection.

21 ‘‘(10) Nothing in this subsection shall be construed

22 to require an agreement under this subsection in order for

23 any officer or employee of a State or political subdivision

24 of a State—
23

HR 2202 PCS

1 ‘‘(A) to communicate with the Attorney General

2 regarding the immigration status of any individual,

3 including reporting a suspicion that a particular

4 alien is not lawfully present in the United States; or

5 ‘‘(B) otherwise to cooperate with the Attorney

6 General in the identification, apprehension, deten7 tion, or removal of aliens not lawfully present in the

8 United States.’’.

9 TITLE II—ENHANCED ENFORCE10 MENT AND PENALTIES

11 AGAINST ALIEN SMUGGLING;

12 DOCUMENT FRAUD

13 Subtitle A—Enhanced Enforcement

14 and Penalties Against Alien

15 Smuggling

16 SEC. 201. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN17 VESTIGATIONS.

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

19 amended—

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

21 (n),

22 (2) by redesignating paragraph (o) as para23 graph (p), and

24 (3) by inserting after paragraph (n) the follow25 ing new paragraph:
24

HR 2202 PCS

1 ‘‘(o)(1) a felony violation of section 1028 (relat2 ing to production of false identification documenta3 tion), section 1541 (relating to passport issuance

4 without authority), section 1542 (relating to false

5 statements in passport applications), section 1543

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

7 1544 (relating to misuse of passport), section 1546

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

9 other documents) of this title; or

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

11 the Immigration and Nationality Act (relating to the

12 smuggling of aliens); or’’.

13 SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN

14 SMUGGLING.

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

16 amended—

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

18 fraud and related activity in connection with identi19 fication documents),’’ before ‘‘section 1029’’;

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

21 statement in application and use of passport), sec22 tion 1543 (relating to forgery or false use of pass23 port), section 1544 (relating to misuse of passport),

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

25 permits, and other documents), sections 1581–1588
25

HR 2202 PCS

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

2 1513 (relating to retaliating against a witness, vic3 tim, or an informant),’’;

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

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

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

7 the Immigration and Nationality Act, section 274

8 (relating to bringing in and harboring certain

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

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

11 278 (relating to importation of alien for immoral

12 purpose)’’.

13 SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN

14 SMUGGLING.

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

16 1324(a)(1)) is amended—

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

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

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

20 of commercial advantage or private financial gain’’

21 after ‘‘subparagraph (A)(i)’’, and

22 (2) by adding at the end the following new sub23 paragraph:
26

HR 2202 PCS

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

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

3 acts described in—

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

5 title 18, United States Code, imprisoned not more

6 than 10 years, or both; or

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

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

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

10 (b) SMUGGLING OF ALIENS WHO WILL COMMIT

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

12 amended—

13 (1) in subparagraph (B)—

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

15 (ii),

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

17 (iii), and

18 (C) by inserting after clause (iii) the fol19 lowing:

20 ‘‘(iv) an offense committed with the

21 intent or with reason to believe that the

22 alien unlawfully brought into the United

23 States will commit an offense against the

24 United States or any State punishable by

25 imprisonment for more than 1 year,’’; and
27

HR 2202 PCS

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

2 through the final period at the end and inserting the

3 following: ‘‘be fined under title 18, United States

4 Code, and shall be imprisoned not less than 3 years

5 or more than 10 years.’’.

6 (c) APPLYING CERTAIN PENALTIES ON A PER ALIEN

7 BASIS.—Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is

8 amended by striking ‘‘for each transaction constituting a

9 violation of this paragraph, regardless of the number of

10 aliens involved’’ and inserting ‘‘for each alien in respect

11 to whom a violation of this paragraph occurs’’.

12 SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED

13 STATES ATTORNEYS.

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

15 States Attorneys employed by the Department of Justice

16 for the fiscal year 1997 shall be increased by 25 above

17 the number of Assistant United States Attorneys that

18 were authorized to be employed as of September 30, 1996.

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

20 additional positions described in subsection (a) shall pros21 ecute persons who bring into the United States or harbor

22 illegal aliens or violate other criminal statutes involving

23 illegal aliens.
28

HR 2202 PCS

1 SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.

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

3 the end the following new section:

4 ‘‘UNDERCOVER INVESTIGATION AUTHORITY

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

6 undercover investigative operation of the Service which is

7 necessary for the detection and prosecution of crimes

8 against the United States—

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

10 used for leasing space within the United States and

11 the territories and possessions of the United States

12 without regard to the following provisions of law:

13 ‘‘(A) section 3679(a) of the Revised Stat14 utes (31 U.S.C. 1341),

15 ‘‘(B) section 3732(a) of the Revised Stat16 utes (41 U.S.C. 11(a)),

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

18 1949 (63 Stat. 396; 41 U.S.C. 255),

19 ‘‘(D) the third undesignated paragraph

20 under the heading ‘Miscellaneous’ of the Act of

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

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

23 (31 U.S.C. 3324),

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

25 (41 U.S.C. 22), and
29

HR 2202 PCS

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

2 of the Federal Property and Administrative

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

4 254 (a) and (c));

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

6 used to establish or to acquire proprietary corpora7 tions or business entities as part of an undercover

8 operation, and to operate such corporations or busi9 ness entities on a commercial basis, without regard

10 to the provisions of section 304 of the Government

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

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

13 proceeds from the undercover operation, may be de14 posited in banks or other financial institutions with15 out regard to the provisions of section 648 of title

16 18, United States Code, and of section 3639 of the

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

18 ‘‘(4) the proceeds from the undercover oper19 ation may be used to offset necessary and reasonable

20 expenses incurred in such operation without regard

21 to the provisions of section 3617 of the Revised

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

23 The authority set forth in this subsection may be exercised

24 only upon written certification of the Commissioner, in

25 consultation with the Deputy Attorney General, that any
30

HR 2202 PCS

1 action authorized by paragraph (1), (2), (3), or (4) is nec2 essary for the conduct of the undercover operation.

3 ‘‘(b) DISPOSITION OF PROCEEDS NO LONGER RE4 QUIRED.—As soon as practicable after the proceeds from

5 an undercover investigative operation, carried out under

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

7 necessary for the conduct of the operation, the proceeds

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

9 be deposited into the Treasury of the United States as

10 miscellaneous receipts.

11 ‘‘(c) DISPOSITION OF CERTAIN CORPORATIONS AND

12 BUSINESS ENTITIES.—If a corporation or business entity

13 established or acquired as part of an undercover operation

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

15 of over $50,000 is to be liquidated, sold, or otherwise dis16 posed of, the Service, as much in advance as the Commis17 sioner or Commissioner’s designee determines practicable,

18 shall report the circumstances to the Attorney General,

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

20 the Comptroller General. The proceeds of the liquidation,

21 sale, or other disposition, after obligations are met, shall

22 be deposited in the Treasury of the United States as mis23 cellaneous receipts.

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

25 detailed financial audits of closed undercover operations
31

HR 2202 PCS

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

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

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

4 is amended by inserting after the item relating to section

5 293 the following:

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

6 Subtitle B—Deterrence of

7 Document Fraud

8 SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDU9 LENT USE OF GOVERNMENT-ISSUED DOCU10 MENTS.

11 (a) FRAUD AND MISUSE OF GOVERNMENT-ISSUED

12 IDENTIFICATION DOCUMENTS.—Section 1028(b) of title

13 18, United States Code, is amended—

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

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

16 and by striking ‘‘five years’’ and inserting ‘‘15

17 years’’;

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

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

20 and by striking ‘‘and’’ at the end;

21 (3) by redesignating paragraph (3) as para22 graph (5); and

23 (4) by inserting after paragraph (2) the follow24 ing new paragraphs:
32

HR 2202 PCS

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

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

3 committed to facilitate a drug trafficking crime (as

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

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

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

7 committed to facilitate an act of international terror8 ism (as defined in section 2331(1) of this title);

9 and’’.

10 (b) CHANGES TO THE SENTENCING LEVELS.—Pur11 suant to section 944 of title 28, United States Code, and

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

13 States Sentencing Commission shall promulgate guide14 lines, or amend existing guidelines, relating to defendants

15 convicted of violating, or conspiring to violate, sections

16 1546(a) and 1028(a) of title 18, United States Code. The

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

18 States Sentencing Guidelines shall be increased to—

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

20 involves 100 or more documents;

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

22 involves 1,000 or more documents, or if the docu23 ments were used to facilitate any other criminal ac24 tivity described in section 212(a)(2)(A)(i)(II) of the

25 Immigration and Nationality Act (8 U.S.C.
33

HR 2202 PCS

1 1182(a)(A)(i)(II)) or in section 101(a)(43) of such

2 Act; and

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

4 involves—

5 (A) the provision of documents to a person

6 known or suspected of engaging in a terrorist

7 activity (as such terms are defined in section

8 212(a)(3)(B) of the Immigration and National9 ity Act (8 U.S.C. 1182(a)(3)(B));

10 (B) the provision of documents to facilitate

11 a terrorist activity or to assist a person to en12 gage in terrorist activity (as such terms are de13 fined in section 212(a)(3)(B) of the Immigra14 tion and Nationality Act (8 U.S.C.

15 1182(a)(3)(B)); or

16 (C) the provision of documents to persons

17 involved in racketeering enterprises (described

18 in section 1952(a) of title 18, United States

19 Code).

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

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

22 U.S.C. 1324c(a)) is amended—

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

24 (3);
34

HR 2202 PCS

1 (2) by striking the period at the end of para2 graph (4) and inserting ‘‘, or’’; and

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

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

5 information is false or does not relate to the appli6 cant, to prepare, to file, or to assist another in pre7 paring or filing, documents which are falsely made

8 for the purpose of satisfying a requirement of this

9 Act.

10 For purposes of this section, the term ‘falsely made’ in11 cludes, with respect to a document or application, the

12 preparation or provision of the document or application

13 with knowledge or in reckless disregard of the fact that

14 such document contains a false, fictitious, or fraudulent

15 statement or material representation, or has no basis in

16 law or fact, or otherwise fails to state a material fact per17 taining to the document or application.’’.

18 (b) CONFORMING AMENDMENTS FOR CIVIL PEN19 ALTIES.—Section 274C(d)(3) (8 U.S.C. 1324c(d)(3)) is

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

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

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

23 violation under subsection (a)’’.

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

25 by subsection (a) shall apply to the preparation or filing
35

HR 2202 PCS

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

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

3 Act.

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

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

6 enactment of this Act.

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

8 DOCUMENTS AND FOR PREPARING IMMIGRA9 TION DOCUMENTS WITHOUT AUTHORIZA10 TION.

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

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

13 amended—

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

15 (4);

16 (2) by striking the period at the end of para17 graph (5) and inserting a comma;

18 (3) by inserting after paragraph (5) the follow19 ing new paragraphs:

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

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

23 enter the United States and to fail to present such

24 document to an immigration officer upon arrival at

25 a United States port of entry, or
36

HR 2202 PCS

1 ‘‘(7) to prepare or assist in the preparation and

2 submission of immigration forms, petitions, and ap3 plications if the person or entity is not authorized to

4 represent aliens, or to prepare or assist in the prepa5 ration and submission of such forms, petitions, and

6 applications pursuant to regulations promulgated by

7 the Attorney General.’’; and

8 (4) by adding at the end the following:

9 ‘‘The Attorney General may, in the discretion of the Attor10 ney General, waive the penalties of this section with re11 spect to an alien who knowingly violates paragraph (6)

12 if the alien is granted asylum under section 208 or with13 holding of deportation under section 243(h).’’.

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

15 subsection (a) shall apply to individuals who board a com16 mon carrier on or after 30 days after the date of the enact17 ment of this Act.

18 SEC. 214. NEW CRIMINAL PENALTIES FOR FAILURE TO DIS19 CLOSE ROLE AS PREPARER OF FALSE APPLI20 CATION FOR ASYLUM AND FOR PREPARING

21 CERTAIN POST-CONVICTION APPLICATIONS.

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

23 at the end the following new subsection:

24 ‘‘(e) CRIMINAL PENALTIES FOR FAILURE TO DIS25 CLOSE ROLE AS DOCUMENT PREPARER.—
37

HR 2202 PCS

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

2 to disclose the fact that the person, on behalf of an3 other person and for a fee or other remuneration,

4 has prepared or assisted in preparing an application

5 for asylum pursuant to section 208, or the regula6 tions promulgated thereunder, and the person know7 ingly and willfully fails to disclose, conceals, or cov8 ers up such fact, and the application was falsely

9 made, the person shall—

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

11 more than 5 years, fined in accordance with

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

13 ‘‘(B) be prohibited from preparing or as14 sisting in preparing, regardless of whether for

15 a fee or other remuneration, any other such ap16 plication for a period of at least 5 years and not

17 more than 15 years.

18 ‘‘(2) Whoever, having been convicted of a viola19 tion of paragraph (1), knowingly and willfully pre20 pares or assists in preparing an application for asy21 lum pursuant to section 208, or the regulations pro22 mulgated thereunder, regardless of whether for a fee

23 or other remuneration, in violation of paragraph

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

25 or more than 15 years, fined in accordance with title
38

HR 2202 PCS

1 18, United States Code, or both, and prohibited

2 from preparing or assisting in preparing any other

3 such application.’’.

4 SEC. 215. CRIMINAL PENALTY FOR KNOWINGLY PRESENT5 ING DOCUMENT WHICH FAILS TO CONTAIN

6 REASONABLE BASIS IN LAW OR FACT.

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

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

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

10 any such false statement or which fails to contain any rea11 sonable basis in law or fact’’.

12 SEC. 216. CRIMINAL PENALTIES FOR FALSE CLAIM TO CITI13 ZENSHIP.

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

15 amended—

16 (1) by striking the dash at the end of para17 graph (d) and inserting ‘‘; or’’, and

18 (2) by inserting after paragraph (d) the follow19 ing:

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

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

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

23 on behalf of himself, or any other person, any Federal ben24 efit or service, or to engage unlawfully in employment in

25 the United States; or
39

HR 2202 PCS

1 ‘‘(f) Whoever knowingly makes any false statement

2 or claim that he is a citizen of the United States in order

3 to register to vote or to vote in any Federal, State, or

4 local election (including an initiative, recall, or referen5 dum)—’’.

6 Subtitle C—Asset Forfeiture for

7 Passport and Visa Offenses

8 SEC. 221. CRIMINAL FORFEITURE FOR PASSPORT AND VISA

9 RELATED OFFENSES.

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

11 amended—

12 (1) in subsection (a), by inserting after para13 graph (5) the following new paragraph:

14 ‘‘(6) The court, in imposing sentence on a person con15 victed of a violation of, or conspiracy to violate, section

16 1541, 1542, 1543, 1544, or 1546 of this title, or a viola17 tion of, or conspiracy to violate, section 1028 of this title

18 if committed in connection with passport or visa issuance

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

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

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

22 the commission of, the violation, and any property con23 stituting, or derived from, or traceable to, any proceeds

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

25 such violation.’’, and
40

HR 2202 PCS

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

2 (a)(6)’’ after ‘‘(a)(2)’’.

3 SEC. 222. SUBPOENAS FOR BANK RECORDS.

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

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

6 1546,’’ before ‘‘1956’’.

7 SEC. 223. EFFECTIVE DATE.

8 The amendments made by this subtitle shall take ef9 fect on the first day of the first month that begins more

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

11 TITLE III—INSPECTION, APPRE12 HENSION, DETENTION, ADJU13 DICATION, AND REMOVAL OF

14 INADMISSIBLE AND DEPORT15 ABLE ALIENS

16 Subtitle A—Revision of Procedures

17 for Removal of Aliens

18 SEC. 300. OVERVIEW OF CHANGES IN REMOVAL PROCE19 DURES.

20 This subtitle amends the provisions of the Immigra21 tion and Nationality Act relating to procedures for inspec22 tion, exclusion, and deportation of aliens so as to provide

23 for the following:

24 (1) EXPEDITED REMOVAL FOR UNDOCUMENTED

25 ALIENS.—Aliens arriving without valid documents
41

HR 2202 PCS

1 are subject to an expedited removal process, without

2 an evidentiary hearing and subject to strictly limited

3 judicial review.

4 (2) NO REWARD FOR ILLEGAL ENTRANTS OR

5 VISA OVERSTAYERS.—Aliens who enter illegally or

6 who overstay the period of authorized admission will

7 have a greater burden of proof in removal proceed8 ings and will face tougher standards for most discre9 tionary immigration benefits, such as suspension of

10 removal and work authorization.

11 (3) STRICTER STANDARDS TO ASSURE DETEN12 TION OF ALIENS.—There are more stringent stand13 ards for the release of aliens (particularly aliens con14 victed of aggravated felonies) during and after re15 moval proceedings.

16 (4) SIMPLIFIED, SINGLE REMOVAL PROCEEDING

17 (IN PLACE OF SEPARATE EXCLUSION AND DEPORTA18 TION PROCEEDINGS).—The procedures for exclusion

19 and deportation are consolidated into a simpler, sin20 gle procedure for removal of inadmissible and de21 portable aliens.

22 (5) STREAMLINED JUDICIAL REVIEW.—Judicial

23 review is streamlined through removing a layer of re24 view in exclusion cases, shortening the time period
42

HR 2202 PCS

1 to file for review, and permitting the removal of in2 admissible aliens pending the review.

3 (6) INCREASED PENALTIES TO ASSURE RE4 MOVAL AND PREVENT FURTHER REENTRY.—Aliens

5 who are ordered removed are subject to civil money

6 penalties for failure to depart on time and if they

7 seek reentry they are subject to immediate removal

8 under the prior order.

9 (7) PROTECTION OF APPLICANTS FOR ASY10 LUM.—Throughout the process, the procedures pro11 tect those aliens who present credible claims for asy12 lum by giving them an opportunity for a full hearing

13 on their claims.

14 (8) REORGANIZATION.—The provisions of the

15 Act are reorganized to provide a more logical pro16 gression from arrival and inspection through pro17 ceedings and removal.

18 SEC. 301. TREATING PERSONS PRESENT IN THE UNITED

19 STATES WITHOUT AUTHORIZATION AS NOT

20 ADMITTED.

21 (a) ‘‘ADMISSION’’ DEFINED.—Paragraph (13) of sec22 tion 101(a) (8 U.S.C. 1101(a)) is amended to read as fol23 lows:

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

25 with respect to an alien, the lawful entry of the alien into
43

HR 2202 PCS

1 the United States after inspection and authorization by

2 an immigration officer.

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

4 or permitted to land temporarily as an alien crewman shall

5 not be considered to have been admitted.

6 ‘‘(C) An alien lawfully admitted for permanent resi7 dence in the United States shall not be regarded as seek8 ing an admission into the United States for purposes of

9 the immigration laws unless the alien—

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

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

12 departed the United States,

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

14 under legal process seeking removal of the alien

15 from the United States, including removal proceed16 ings under this Act and extradition proceedings,

17 ‘‘(iv) has been convicted of an aggravated fel18 ony, unless since such conviction the alien has been

19 granted relief under section 240A(a), or

20 ‘‘(v) is attempting to enter at a time or place

21 other than as designated by immigration officers or

22 has not been admitted to the United States after in23 spection and authorization by an immigration offi24 cer.’’.
44

HR 2202 PCS

1 (b) INADMISSIBILITY OF ALIENS PRESENT WITHOUT

2 ADMISSION OR PAROLE.—

3 (1) IN GENERAL.—Section 212(a) (8 U.S.C.

4 1182(a)) is amended by redesignating paragraph (9)

5 as paragraph (10) and by inserting after paragraph

6 (8) the following new paragraph:

7 ‘‘(9) PRESENT WITHOUT ADMISSION OR PA8 ROLE.—

9 ‘‘(A) IN GENERAL.—An alien present in

10 the United States without being admitted or

11 paroled, or who arrives in the United States at

12 any time or place other than as designated by

13 the Attorney General, is inadmissible.

14 ‘‘(B) EXCEPTION FOR CERTAIN BATTERED

15 WOMEN AND CHILDREN.—Subparagraph (A)

16 shall not apply to an alien who can demonstrate

17 that—

18 ‘‘(i) the alien qualifies for immigrant

19 status under subparagraphs (A)(iii),

20 (A)(iv), (B)(ii), or (B)(iii) of section

21 204(a)(1),

22 ‘‘(ii)(I) the alien has been battered or

23 subject to extreme cruelty by a spouse or

24 parent, or by a member of the spouse’s or

25 parent’s family residing in the same house-
45

HR 2202 PCS

1 hold as the alien and the spouse or parent

2 consented or acquiesced to such battery or

3 cruelty, or (II) the alien’s child has been

4 battered or subject to extreme cruelty by a

5 spouse or parent of the alien (without the

6 active participation of the alien in the bat7 tery or extreme cruelty) or by a member of

8 the spouse’s or parent’s family residing in

9 the same household as the alien when the

10 spouse or parent consented to or acqui11 esced in such battery or cruelty and the

12 alien did not actively participate in such

13 battery or cruelty, and

14 ‘‘(iii) there was a substantial connec15 tion between the battery or cruelty de16 scribed in subclause (I) or (II) and the

17 alien’s unlawful entry into the United

18 States.’’.

19 (2) TRANSITION FOR BATTERED SPOUSE OR

20 CHILD PROVISION.—The requirements of clauses (ii)

21 and (iii) of section 212(a)(9)(B) of the Immigration

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

23 shall not apply to an alien who demonstrates that

24 the alien first arrived in the United States before
46

HR 2202 PCS

1 the title III–A effective date (described in section

2 309(a)).

3 (c) REVISION TO GROUND OF INADMISSIBILITY FOR

4 ILLEGAL ENTRANTS AND IMMIGRATION VIOLATORS.—

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

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

7 ‘‘(A) ALIENS PREVIOUSLY REMOVED.—

8 ‘‘(i) ARRIVING ALIENS.—Any alien

9 who has been ordered removed under sec10 tion 235(b)(1) or at the end of proceedings

11 under section 240 initiated upon the

12 alien’s arrival in the United States and

13 who again seeks admission within 5 years

14 of the date of such removal is inadmissible.

15 ‘‘(ii) OTHER ALIENS.—Any alien not

16 described in clause (i) who has been or17 dered removed under section 240 or any

18 other provision of law and who again seeks

19 admission within 10 years of the date of

20 such removal (or at any time in the case

21 of an alien convicted of an aggravated fel22 ony) is inadmissible.

23 ‘‘(iii) ALIENS WHO HAD THE INTENT

24 TO ILLEGALLY ENTER.—Any alien who

25 had the intent to illegally enter the United
47

HR 2202 PCS

1 States and who has been ordered removed

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

3 proceedings under section 240 initiated

4 upon the alien’s arrival in the United

5 States and who again seeks admission is

6 inadmissible.

7 ‘‘(iv) OTHER ALIENS WHO HAD THE

8 INTENT TO ILLEGALLY ENTER.—Any alien

9 not described in clause (i) who had the in10 tent to illegally enter the United States

11 and who has been ordered removed under

12 section 240 or any other provision of law

13 and who again seeks admission is inadmis14 sible.

15 ‘‘(v) EXCEPTION.—Clauses (i)

16 through (iv) shall not apply to an alien

17 seeking admission within a period if, prior

18 to the alien’s reembarkation at a place out19 side the United States or attempt to be ad20 mitted from foreign contiguous territory,

21 the Attorney General has consented to the

22 alien’s reapplying for admission.

23 ‘‘(B) ALIENS PRESENT UNLAWFULLY FOR

24 MORE THAN 1 YEAR.—
48

HR 2202 PCS

1 ‘‘(i) IN GENERAL.—Any alien who was

2 unlawfully present in the United States for

3 an aggregate period totaling 1 year is in4 admissible unless the alien has remained

5 outside the United States for a period of

6 10 years.

7 ‘‘(ii) EXCEPTIONS.—

8 ‘‘(I) MINORS.—No period of time

9 in which an alien is under 18 years of

10 age shall be taken into account in de11 termining the period of unlawful pres12 ence in the United States under

13 clause (i).

14 ‘‘(II) ASYLEES.—No period of

15 time in which an alien has a bona fide

16 application for asylum pending under

17 section 208 shall be taken into ac18 count in determining the period of un19 lawful presence in the United States

20 under clause (i).

21 ‘‘(III) ALIENS WITH WORK AU22 THORIZATION.—No period of time in

23 which an alien is provided authoriza24 tion to engage in employment in the

25 United States (including such an au-
49

HR 2202 PCS

1 thorization under section

2 244A(a)(1)(B)), or in which the alien

3 is the spouse of such an alien, shall be

4 taken into account in determining the

5 period of unlawful presence in the

6 United States under clause (i).

7 ‘‘(IV) FAMILY UNITY.—No pe8 riod of time in which the alien is a

9 beneficiary of family unity protection

10 pursuant to section 301 of the Immi11 gration Act of 1990 shall be taken

12 into account in determining the period

13 of unlawful presence in the United

14 States under clause (i).

15 ‘‘(V) BATTERED WOMEN AND

16 CHILDREN.—Clause (i) shall not apply

17 to an alien who would be described in

18 paragraph (9)(B) if ‘violation of the

19 terms of the alien’s nonimmigrant

20 visa’ were substituted for ‘unlawful

21 entry into the United States’ in clause

22 (iii) of that paragraph.

23 ‘‘(iii) EXTENSION.—The Attorney

24 General may extend the period of 1 year

25 under clause (i) to a period of 15 months
50

HR 2202 PCS

1 in the case of an alien who applies to the

2 Attorney General (before the alien has

3 been present unlawfully in the United

4 States for a period totaling 1 year) and es5 tablishes to the satisfaction of the Attorney

6 General that—

7 ‘‘(I) the alien is not inadmissible

8 under clause (i) at the time of the ap9 plication, and

10 ‘‘(II) the failure to extend such

11 period would constitute an extreme

12 hardship for the alien.

13 ‘‘(iv) WAIVER.—In the case of an

14 alien who is the spouse, parent, or child of

15 a United States citizen or the spouse or

16 child of a permanent resident alien, the At17 torney General may waive clause (i) for

18 humanitarian purposes, to assure family

19 unity, or when it is otherwise in the public

20 interest.

21 ‘‘(v) NATIONAL INTEREST WAIVER.—

22 The Attorney General may waive clause (i)

23 if the Attorney General determines that

24 such a waiver is necessary to substantially

25 benefit—
51

HR 2202 PCS

1 ‘‘(I) the national security, na2 tional defense, or Federal, State, or

3 local law enforcement;

4 ‘‘(II) health care, housing, or

5 educational opportunities for an indi6 gent or low-income population or in

7 an underserved geographical area;

8 ‘‘(III) economic or employment

9 opportunities for a specific industry or

10 specific geographical area;

11 ‘‘(IV) the development of new

12 technologies; or

13 ‘‘(V) environmental protection or

14 the productive use of natural re15 sources; and

16 the alien will engage in a specific under17 taking to advance one or more of the inter18 ests identified in subclauses (I) through

19 (V).’’.

20 (d) WAIVER OF MISREPRESENTATION GROUND OF

21 INADMISSIBILITY FOR CERTAIN ALIENS.—Subsection (i)

22 of section 212 (8 U.S.C. 1182) is amended to read as fol23 lows:
52

HR 2202 PCS

1 ‘‘(i) The Attorney General may, in the discretion of

2 the Attorney General, waive the application of clause (i)

3 of subsection (a)(6)(C)—

4 ‘‘(1) in the case of an immigrant who is the

5 spouse, son, or daughter of a United States citizen;

6 or

7 ‘‘(2) in the case of an immigrant who is the

8 spouse or son or daughter of an alien lawfully admit9 ted for permanent residence, if it is established to

10 the satisfaction of the Attorney General that the re11 fusal of admission to the United States of such im12 migrant alien would result in extreme hardship to

13 the lawfully resident spouse or parent of such an

14 alien.’’.

15 (e) PROHIBITION ON ISSUANCE OF VISAS FOR

16 FORMER CITIZENS WHO RENOUNCED CITIZENSHIP TO

17 AVOID UNITED STATES TAXATION.—Section 212(a)(10)

18 (8 U.S.C. 1182(a)(10)), as redesignated by subsection

19 (b)(1), is amended by adding at the end the following:

20 ‘‘(D) FORMER CITIZENS WHO RENOUNCED

21 CITIZENSHIP TO AVOID TAXATION.—Any alien

22 who is a former citizen of the United States

23 who officially renounced United States citizen24 ship and who is determined by the Attorney

25 General to have renounced United States citi-
53

HR 2202 PCS

1 zenship for the purpose of avoiding taxation by

2 the United States is excludable.’’.

3 (f) PROOF OF VACCINATION REQUIREMENT FOR IM4 MIGRANTS.—

5 (1) IN GENERAL.—Section 212(a)(1)(A) (8

6 U.S.C. 1182(a)(1)(A)) is amended—

7 (A) by redesignating clauses (ii) and (iii)

8 as clauses (iii) and (iv), respectively, and

9 (B) by inserting after clause (i) the follow10 ing new clause:

11 ‘‘(ii) who seeks admission as an immi12 grant, or who seeks adjustment of status

13 to the status of an alien lawfully admitted

14 for permanent residence, and who has

15 failed to present documentation of having

16 received vaccination against vaccine-pre17 ventable diseases, which shall include at

18 least the following diseases: mumps, mea19 sles, rubella, polio, tetanus and diphtheria

20 toxoids, pertussis, influenza type B and

21 hepatitis B, and any other vaccinations

22 against vaccine-preventable diseases rec23 ommended by the Advisory Committee for

24 Immunization Practices,’’.
54

HR 2202 PCS

1 (2) WAIVER.—Section 212(g) (8 U.S.C.

2 1182(g)) is amended by striking ‘‘, or’’ at the end

3 of paragraph (1) and all that follows and inserting

4 a semicolon and the following:

5 ‘‘in accordance with such terms, conditions, and con6 trols, if any, including the giving of bond, as the At7 torney General, in the discretion of the Attorney

8 General after consultation with the Secretary of

9 Health and Human Services, may by regulation pre10 scribe;

11 ‘‘(2) subsection (a)(1)(A)(ii) in the case of any

12 alien—

13 ‘‘(A) who receives vaccination against the

14 vaccine-preventable disease or diseases for

15 which the alien has failed to present docu16 mentation of previous vaccination, or

17 ‘‘(B) for whom a civil surgeon, medical of18 ficer, or panel physician (as those terms are de19 fined by section 34.2 of title 42 of the Code of

20 Federal Regulations) certifies, according to

21 such regulations as the Secretary of Health and

22 Human Services may prescribe, that such vac23 cination would not be medically appropriate; or

24 ‘‘(3) subsection (a)(1)(A)(iii) in the case of any

25 alien, in accordance with such terms, conditions, and
55

HR 2202 PCS

1 controls, if any, including the giving of bond, as the

2 Attorney General, in the discretion of the Attorney

3 General after consultation with the Secretary of

4 Health and Human Services, may by regulation pre5 scribe.’’.

6 (3) EFFECTIVE DATE.—The amendments made

7 by this subsection shall apply with respect to appli8 cations for immigrant visas or for adjustment of sta9 tus filed after September 30, 1996.

10 (g) ADJUSTMENT IN GROUNDS FOR DEPORTA11 TION.—Section 241 (8 U.S.C. 1251), before redesignation

12 as section 237 by section 305(a)(2), is amended—

13 (1) in the matter before paragraph (1) of sub14 section (a), by striking ‘‘in the United States’’ and

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

16 (2) in subsection (a)(1), by striking ‘‘EXCLUD17 ABLE’’ each place it appears and inserting ‘‘INAD18 MISSIBLE’’;

19 (3) in subsection (a)(1)(A), by striking ‘‘exclud20 able’’ and inserting ‘‘inadmissible’’; and

21 (4) by amending subparagraph (B) of sub22 section (a)(1) to read as follows:

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

24 Any alien who is present in the United States
56

HR 2202 PCS

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

2 United States is deportable.

3 (h) WAIVERS FOR IMMIGRANTS CONVICTED OF

4 CRIMES.—Section 212(h) (8 U.S.C. 1182(h)) is amended

5 by adding at the end the following: ‘‘No waiver shall be

6 granted under this subsection to an immigrant who pre7 viously has been admitted to the United States unless that

8 alien has fulfilled the time in status and continuous resi9 dence requirements of section 212(c). No court shall have

10 jurisdiction to review a decision of the Attorney General

11 to grant or deny a waiver under this subsection.’’.

12 SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL

13 OF INADMISSIBLE ARRIVING ALIENS; REFER14 RAL FOR HEARING (REVISED SECTION 235).

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

16 follows:

17 ‘‘INSPECTION BY IMMIGRATION OFFICERS; EXPEDITED

18 REMOVAL OF INADMISSIBLE ARRIVING ALIENS; RE19 FERRAL FOR HEARING

20 ‘‘SEC. 235. (a) INSPECTION.—

21 ‘‘(1) ALIENS TREATED AS APPLICANTS FOR AD22 MISSION.—An alien present in the United States

23 who has not been admitted, who arrives in the Unit24 ed States (whether or not at a designated port of ar25 rival), or who is brought to the United States after

26 having been interdicted in international or United
57

HR 2202 PCS

1 States waters shall be deemed for purposes of this

2 Act an applicant for admission.

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

4 stowaway is not eligible to apply for admission or to

5 be admitted and shall be ordered removed upon in6 spection by an immigration officer. Upon such in7 spection if the alien indicates an intention to apply

8 for asylum under section 208 or a fear of persecu9 tion, the officer shall refer the alien for an interview

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

11 for asylum only if the stowaway is found to have a

12 credible fear of persecution under subsection

13 (b)(1)(B). In no case may a stowaway be considered

14 an applicant for admission or eligible for a hearing

15 under section 240.

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

17 crewmen) who are applicants for admission or other18 wise seeking admission or readmission to or transit

19 through the United States shall be inspected by im20 migration officers.

21 ‘‘(4) WITHDRAWAL OF APPLICATION FOR AD22 MISSION.—An alien applying for admission may, in

23 the discretion of the Attorney General and at any

24 time, be permitted to withdraw the application for
58

HR 2202 PCS

1 admission and depart immediately from the United

2 States.

3 ‘‘(5) STATEMENTS.—An applicant for admis4 sion may be required to state under oath any infor5 mation sought by an immigration officer regarding

6 the purposes and intentions of the applicant in seek7 ing admission to the United States, including the

8 applicant’s intended length of stay and whether the

9 applicant intends to remain permanently or become

10 a United States citizen, and whether the applicant

11 is inadmissible.

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

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

14 UNITED STATES.—

15 ‘‘(A) SCREENING.—If the examining immi16 gration officer determines that an alien arriving

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

18 of entry) is inadmissible under section

19 212(a)(6)(C) or 212(a)(7) and the alien—

20 ‘‘(i) does not indicate either an inten21 tion to apply for asylum under section 208

22 or a fear of persecution, the officer shall

23 order the alien removed from the United

24 States without further hearing or review;

25 or
59

HR 2202 PCS

1 ‘‘(ii) indicates an intention to apply

2 for asylum under section 208 or a fear of

3 persecution, the officer shall refer the alien

4 for an interview by an asylum officer under

5 subparagraph (B).

6 ‘‘(B) ASYLUM INTERVIEWS.—

7 ‘‘(i) CONDUCT BY ASYLUM OFFI8 CERS.—An asylum officer shall promptly

9 conduct interviews of aliens referred under

10 subparagraph (A)(ii).

11 ‘‘(ii) REFERRAL OF CERTAIN

12 ALIENS.—If the officer determines at the

13 time of the interview that an alien has a

14 credible fear of persecution (within the

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

16 detained for further consideration of the

17 application for asylum.

18 ‘‘(iii) REMOVAL WITHOUT FURTHER

19 REVIEW IF NO CREDIBLE FEAR OF PERSE20 CUTION.—

21 ‘‘(I) IN GENERAL.—Subject to

22 subclause (II), if the officer deter23 mines that an alien does not have a

24 credible fear of persecution, the officer

25 shall order the alien removed from the
60

HR 2202 PCS

1 United States without further hearing

2 or review.

3 ‘‘(II) REVIEW OF DETERMINA4 TION BY SUPERVISORY OFFICER.—

5 The Attorney General shall promul6 gate regulations to provide for the im7 mediate review by a supervisory asy8 lum officer at the port of entry of a

9 determination under subclause (I).

10 ‘‘(iv) INFORMATION ABOUT INTER11 VIEWS.—The Attorney General shall pro12 vide information concerning the asylum

13 interview described in this subparagraph to

14 aliens who may be eligible. An alien who is

15 eligible for such interview may consult with

16 a person or persons of the alien’s choosing

17 prior to the interview or any review there18 of, according to regulations prescribed by

19 the Attorney General. Such consultation

20 shall be at no expense to the Government

21 and shall not delay the process.

22 ‘‘(v) CREDIBLE FEAR OF PERSECU23 TION DEFINED.—For purposes of this sub24 paragraph, the term ‘credible fear of perse25 cution’ means (I) that it is more probable
61

HR 2202 PCS

1 than not that the statements made by the

2 alien in support of the alien’s claim are

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

4 possibility, in light of such statements and

5 of such other facts as are known to the of6 ficer, that the alien could establish eligi7 bility for asylum under section 208.

8 ‘‘(C) LIMITATION ON ADMINISTRATIVE RE9 VIEW.—A removal order entered in accordance

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

11 subject to administrative appeal, except that the

12 Attorney General shall provide by regulation for

13 prompt review of such an order under subpara14 graph (A)(i) against an alien who claims under

15 oath, or as permitted under penalty of perjury

16 under section 1746 of title 28, United States

17 Code, after having been warned of the penalties

18 for falsely making such claim under such condi19 tions, to have been lawfully admitted for perma20 nent residence.

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

22 In any action brought against an alien under

23 section 275(a) or section 276, the court shall

24 not have jurisdiction to hear any claim attack-
62

HR 2202 PCS

1 ing the validity of an order of removal entered

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

3 ‘‘(E) ASYLUM OFFICER DEFINED.—As

4 used in this paragraph, the term ‘asylum offi5 cer’ means an immigration officer who—

6 ‘‘(i) has had professional training in

7 country conditions, asylum law, and inter8 view techniques, and

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

10 meets the condition described in clause (i).

11 ‘‘(2) INSPECTION OF OTHER ALIENS.—

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), in the case of an alien who is an ap14 plicant for admission, if the examining immi15 gration officer determines that an alien seeking

16 admission is not clearly and beyond a doubt en17 titled to be admitted, the alien shall be detained

18 for a hearing under section 240.

19 ‘‘(B) EXCEPTION.—Subparagraph (A)

20 shall not apply to an alien—

21 ‘‘(i) who is a crewman,

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

23 or

24 ‘‘(iii) who is a stowaway.
63

HR 2202 PCS

1 ‘‘(3) CHALLENGE OF DECISION.—The decision

2 of the examining immigration officer, if favorable to

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

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

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

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

11 If an immigration officer or an immigration judge

12 suspects that an arriving alien may be inadmissible

13 under subparagraph (A) (other than clause (ii)),

14 (B), or (C) of section 212(a)(3), the officer or judge

15 shall—

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

17 review under paragraph (2);

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

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

21 hearing until ordered by the Attorney General.

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

23 General shall review orders issued under paragraph

24 (1).

25 ‘‘(B) If the Attorney General—
64

HR 2202 PCS

1 ‘‘(i) is satisfied on the basis of confidential

2 information that the alien is inadmissible under

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

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

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

9 safety, or security,

10 the Attorney General may order the alien removed

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

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

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

15 Attorney General shall specify the further inquiry or

16 hearing that shall be conducted in the case.

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

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

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

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

23 Immigration officers are authorized to board and

24 search any vessel, aircraft, railway car, or other con-
65

HR 2202 PCS

1 veyance or vehicle in which they believe aliens are

2 being brought into the United States.

3 ‘‘(2) AUTHORITY TO ORDER DETENTION AND

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

7 consignee of a vessel or aircraft bringing an alien

8 (except an alien crewmember) to the United

9 States—

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

11 the airport of arrival, and

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

13 officer for inspection or to a medical officer for

14 examination.

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

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

19 from any person touching the privilege of any alien

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

21 enter, reenter, transit through, or reside in the Unit22 ed States or concerning any matter which is mate23 rial and relevant to the enforcement of this Act and

24 the administration of the Service.
66

HR 2202 PCS

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

3 power to require by subpoena the attendance and

4 testimony of witnesses before immigration officers

5 and the production of books, papers, and documents

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

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

11 the aid of any court of the United States.

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

13 the jurisdiction of which investigations or inquiries

14 are being conducted by an immigration officer may,

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

16 subpoena issued under this paragraph or refusal to

17 testify before an immigration officer, issue an order

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

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

21 such order of the court may be punished by the

22 court as a contempt thereof.’’.
67

HR 2202 PCS

1 SEC. 303. APPREHENSION AND DETENTION OF ALIENS NOT

2 LAWFULLY IN THE UNITED STATES (REVISED

3 SECTION 236).

4 (a) IN GENERAL.—Section 236 (8 U.S.C. 1226) is

5 amended to read as follows:

6 ‘‘APPREHENSION AND DETENTION OF ALIENS NOT

7 LAWFULLY IN THE UNITED STATES

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

10 an alien may be arrested and detained pending a decision

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

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

13 such decision, the Attorney General—

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

15 and

16 ‘‘(2) may release the alien on—

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

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

20 ‘‘(B) conditional parole; but

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

23 endorsement or other appropriate work permit), un24 less the alien is lawfully admitted for permanent res25 idence or otherwise would (without regard to re26 moval proceedings) be provided such authorization.
68

HR 2202 PCS

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

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

4 the original warrant, and detain the alien.

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

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

8 take into custody any alien convicted of an aggra9 vated felony when the alien is released, without re10 gard to whether the alien is released on parole, su11 pervised release, or probation, and without regard to

12 whether the alien may be arrested or imprisoned

13 again for the same offense.

14 ‘‘(2) RELEASE.—The Attorney General may re15 lease the alien only if—

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

17 United States and satisfies the Attorney Gen18 eral that the alien will not pose a danger to the

19 safety of other persons or of property and is

20 likely to appear for any scheduled proceeding;

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

22 the United States, cannot be removed because

23 the designated country of removal will not ac24 cept the alien, and satisfies the Attorney Gen25 eral that the alien will not pose a danger to the
69

HR 2202 PCS

1 safety of other persons or of property and is

2 likely to appear for any scheduled proceeding;

3 or

4 ‘‘(C) the Attorney General decides pursu5 ant to section 3521 of title 18, United States

6 Code, that release of the alien from custody is

7 necessary to provide protection to a witness, a

8 potential witness, a person cooperating with an

9 investigation into major criminal activity, or an

10 immediate family member or close associate of

11 a witness, potential witness, or person cooperat12 ing with such an investigation.

13 A decision relating to such release shall take place

14 in accordance with a procedure that considers the

15 severity of the offense committed by the alien.

16 ‘‘(d) IDENTIFICATION OF ALIENS CONVICTED OF AG17 GRAVATED FELONIES.—(1) The Attorney General shall

18 devise and implement a system—

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

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

21 investigative resources of the Service to determine

22 whether individuals arrested by such authorities for

23 aggravated felonies are aliens;

24 ‘‘(B) to designate and train officers and em25 ployees of the Service to serve as a liaison to Fed-
70

HR 2202 PCS

1 eral, State, and local law enforcement and correc2 tional agencies and courts with respect to the arrest,

3 conviction, and release of any alien charged with an

4 aggravated felony; and

5 ‘‘(C) which uses computer resources to main6 tain a current record of aliens who have been con7 victed of an aggravated felony and who have been

8 removed.

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

10 made available—

11 ‘‘(A) to inspectors at ports of entry and to bor12 der patrol agents at sector headquarters for pur13 poses of immediate identification of any such pre14 viously removed alien seeking to reenter the United

15 States, and

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

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

18 (b) INCREASE IN INS DETENTION FACILITIES.—

19 Subject to the availability of appropriations, the Attorney

20 General shall provide for an increase in the detention fa21 cilities of the Immigration and Naturalization Service to

22 at least 9,000 beds by fiscal year 1997.
71

HR 2202 PCS

1 SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF RE2 MOVAL AND ADJUSTMENT OF STATUS; VOL3 UNTARY DEPARTURE (REVISED AND NEW

4 SECTIONS 239 TO 240C).

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

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

7 1229) as section 234 and by moving such section to

8 immediately follow section 233;

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

10 1230) as section 240C; and

11 (3) by inserting after section 238 the following

12 new sections:

13 ‘‘INITIATION OF REMOVAL PROCEEDINGS

14 ‘‘SEC. 239. (a) NOTICE TO APPEAR.—

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

16 under section 240, written notice (in this section re17 ferred to as a ‘notice to appear’) shall be given in

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

19 practicable, through service by mail to the alien or

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

21 following:

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

23 the alien.

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

25 proceedings are conducted.
72

HR 2202 PCS

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

2 violation of law.

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

4 statutory provisions alleged to have been vio5 lated.

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

7 counsel and the alien will be provided (i) a pe8 riod of time to secure counsel under subsection

9 (b)(1) and (ii) a current list of counsel prepared

10 under subsection (b)(2).

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

12 must immediately provide (or have provided)

13 the Attorney General with a written record of

14 an address and telephone number (if any) at

15 which the alien may be contacted respecting

16 proceedings under section 240.

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

18 provide the Attorney General immediately with

19 a written record of any change of the alien’s ad20 dress or telephone number.

21 ‘‘(iii) The consequences under section

22 240(b)(5) of failure to provide address and tele23 phone information pursuant to this subpara24 graph.
73

HR 2202 PCS

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

2 proceedings will be held.

3 ‘‘(ii) The consequences under section

4 240(b)(5) of the failure, except under excep5 tional circumstances, to appear at such proceed6 ings.

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

8 PROCEEDINGS.—

9 ‘‘(A) IN GENERAL.—In removal proceed10 ings under section 240, in the case of any

11 change or postponement in the time and place

12 of such proceedings, subject to subparagraph

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

14 the alien (or, if personal service is not prac15 ticable, through service by mail to the alien or

16 to the alien’s counsel of record, if any) specify17 ing—

18 ‘‘(i) the new time or place of the pro19 ceedings, and

20 ‘‘(ii) the consequences under section

21 240(b)(5) of failing, except under excep22 tional circumstances, to attend such pro23 ceedings.

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

25 not in detention, a written notice shall not be
74

HR 2202 PCS

1 required under this paragraph if the alien has

2 failed to provide the address required under

3 paragraph (1)(F).

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

5 General shall create a system to record and preserve

6 on a timely basis notices of addresses and telephone

7 numbers (and changes) provided under paragraph

8 (1)(F).

9 ‘‘(b) SECURING OF COUNSEL.—

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

11 permitted the opportunity to secure counsel before

12 the first hearing date in proceedings under section

13 240, the hearing date shall not be scheduled earlier

14 than 10 days after the service of the notice to ap15 pear, unless the alien requests in writing an earlier

16 hearing date.

17 ‘‘(2) CURRENT LISTS OF COUNSEL.—The Attor18 ney General shall provide for lists (updated not less

19 often than quarterly) of persons who have indicated

20 their availability to represent pro bono aliens in pro21 ceedings under section 240. Such lists shall be pro22 vided under subsection (a)(1)(E) and otherwise

23 made generally available.

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

25 section shall be sufficient if there is proof of attempted
75

HR 2202 PCS

1 delivery to the last address provided by the alien in accord2 ance with subsection (a)(1)(F).

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

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

5 makes the alien deportable, the Attorney General shall

6 begin any removal proceeding as expeditiously as possible

7 after the date of the conviction.

8 ‘‘(2) Nothing in this subsection shall be construed to

9 create any substantive or procedural right or benefit that

10 is legally enforceable by any party against the United

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

12 ‘‘REMOVAL PROCEEDINGS

13 ‘‘SEC. 240. (a) PROCEEDING.—

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

15 conduct proceedings for deciding the inadmissibility

16 or deportability of an alien.

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

18 under this section may be charged with any applica19 ble ground of inadmissibility under section 212(a) or

20 any applicable ground of deportability under section

21 237(a).

22 ‘‘(3) EXCLUSIVE PROCEDURES.—Unless other23 wise specified in this Act, a proceeding under this

24 section shall be the sole and exclusive procedure for

25 determining whether an alien may be admitted to

26 the United States or, if the alien has been so admit-
76

HR 2202 PCS

1 ted, removed from the United States. Nothing in

2 this section shall affect proceedings conducted pur3 suant to section 238.

4 ‘‘(b) CONDUCT OF PROCEEDING.—

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

6 The immigration judge shall administer oaths, re7 ceive evidence, and interrogate, examine, and cross8 examine the alien and any witnesses. The immigra9 tion judge may issue subpoenas for the attendance

10 of witnesses and presentation of evidence. The immi11 gration judge shall have authority (under regulations

12 prescribed by the Attorney General) to sanction by

13 civil money penalty any action (or inaction) in con14 tempt of the judge’s proper exercise of authority

15 under this Act.

16 ‘‘(2) FORM OF PROCEEDING.—

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

18 take place—

19 ‘‘(i) in person,

20 ‘‘(ii) through video conference, or

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

22 through telephone conference.

23 ‘‘(B) CONSENT REQUIRED IN CERTAIN

24 CASES.—An evidentiary hearing on the merits

25 may only be conducted through a telephone con-
77

HR 2202 PCS

1 ference with the consent of the alien involved

2 after the alien has been advised of the right to

3 proceed in person or through video conference.

4 ‘‘(3) PRESENCE OF ALIEN.—If it is impractica5 ble by reason of an alien’s mental incompetency for

6 the alien to be present at the proceeding, the Attor7 ney General shall prescribe safeguards to protect the

8 rights and privileges of the alien.

9 ‘‘(4) ALIENS RIGHTS IN PROCEEDING.—In pro10 ceedings under this section, under regulations of the

11 Attorney General—

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

13 being represented, at no expense to the Govern14 ment, by counsel of the alien’s choosing who is

15 authorized to practice in such proceedings,

16 ‘‘(B) the alien shall have a reasonable op17 portunity to examine the evidence against the

18 alien, to present evidence on the alien’s own be19 half, and to cross-examine witnesses presented

20 by the Government, and

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

22 testimony and evidence produced at the pro23 ceeding.

24 ‘‘(5) CONSEQUENCES OF FAILURE TO AP25 PEAR.—
78

HR 2202 PCS

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

2 written notice required under paragraph (1) or

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

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

5 attend a proceeding under this section, shall be

6 ordered removed in absentia if the Service es7 tablishes by clear, unequivocal, and convincing

8 evidence that the written notice was so provided

9 and that the alien is removable (as defined in

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

11 Attorney General shall be considered sufficient

12 for purposes of this subparagraph if provided at

13 the most recent address provided under section

14 239(a)(1)(F).

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

16 ADDRESS INFORMATION.—No written notice

17 shall be required under subparagraph (A) if the

18 alien has failed to provide the address required

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

20 ‘‘(C) RESCISSION OF ORDER.—Such an

21 order may be rescinded only—

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

23 within 180 days after the date of the order

24 of removal if the alien demonstrates that

25 the failure to appear was because of excep-
79

HR 2202 PCS

1 tional circumstances (as defined in sub2 section (e)(1)), or

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

4 any time if the alien demonstrates that the

5 alien did not receive notice in accordance

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

7 or the alien demonstrates that the alien

8 was in Federal or State custody and did

9 not appear through no fault of the alien.

10 The filing of the motion to reopen described in

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

12 alien pending disposition of the motion.

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

14 petition for review under section 242 of an

15 order entered in absentia under this paragraph

16 shall (except in cases described in section

17 242(b)(5)) be confined to (i) the validity of the

18 notice provided to the alien, (ii) the reasons for

19 the alien’s not attending the proceeding, and

20 (iii) whether or not the alien is removable.

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

22 The Attorney General shall, by regulation—

23 ‘‘(A) define in a proceeding before an im24 migration judge or before an appellate adminis-
80

HR 2202 PCS

1 trative body under this title, frivolous behavior

2 for which attorneys may be sanctioned,

3 ‘‘(B) specify the circumstances under

4 which an administrative appeal of a decision or

5 ruling will be considered frivolous and will be

6 summarily dismissed, and

7 ‘‘(C) impose appropriate sanctions (which

8 may include suspension and disbarment) in the

9 case of frivolous behavior.

10 Nothing in this paragraph shall be construed as lim11 iting the authority of the Attorney General to take

12 actions with respect to inappropriate behavior.

13 ‘‘(7) LIMITATION ON DISCRETIONARY RELIEF

14 FOR FAILURE TO APPEAR.—Any alien against whom

15 a final order of removal is entered in absentia under

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

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

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

19 language or in another language the alien under20 stands, of the time and place of the proceedings and

21 of the consequences under this paragraph of failing,

22 other than because of exceptional circumstances (as

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

24 under this section, shall not be eligible for relief

25 under section 240A, 240B, 245, 248, or 249 for a
81

HR 2202 PCS

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

2 final order of removal.

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

4 ‘‘(1) DECISION.—

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

6 the proceeding the immigration judge shall de7 cide whether an alien is removable from the

8 United States. The determination of the immi9 gration judge shall be based only on the evi10 dence produced at the hearing.

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

12 medical officer or civil surgeon or board of med13 ical officers has certified under section 232(b)

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

15 which would make the alien inadmissible under

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

17 the immigration judge shall be based solely

18 upon such certification.

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

20 the alien has the burden of establishing—

21 ‘‘(A) if the alien is an applicant for admis22 sion, that the alien is clearly and beyond doubt

23 entitled to be admitted and is not inadmissible

24 under section 212; or
82

HR 2202 PCS

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

2 the alien is lawfully present in the United

3 States pursuant to a prior admission.

4 In meeting the burden of proof under subparagraph

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

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

7 and documents, not considered by the Attorney Gen8 eral to be confidential, pertaining to the alien’s ad9 mission or presence in the United States.

10 ‘‘(3) BURDEN ON SERVICE IN CASES OF DE11 PORTABLE ALIENS.—In the proceeding the Service

12 has the burden of establishing by clear and convinc13 ing evidence that, in the case of an alien who has

14 been admitted to the United States, the alien is de15 portable. No decision on deportability shall be valid

16 unless it is based upon reasonable, substantial, and

17 probative evidence.

18 ‘‘(4) NOTICE.—If the immigration judge de19 cides that the alien is removable and orders the alien

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

21 the right to appeal that decision and of the con22 sequences for failure to depart under the order of re23 moval, including civil and criminal penalties.

24 ‘‘(5) MOTIONS TO RECONSIDER.—
83

HR 2202 PCS

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

2 motion to reconsider a decision that the alien is

3 removable from the United States.

4 ‘‘(B) DEADLINE.—The motion must be

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

6 final administrative order of removal.

7 ‘‘(C) CONTENTS.—The motion shall speci8 fy the errors of law or fact in the previous order

9 and shall be supported by pertinent authority.

10 ‘‘(6) MOTIONS TO REOPEN.—

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

12 motion to reopen proceedings under this sec13 tion.

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

15 shall state the new facts that will be proven at

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

17 and shall be supported by affidavits or other

18 evidentiary material.

19 ‘‘(C) DEADLINE.—

20 ‘‘(i) IN GENERAL.—Except as pro21 vided in this subparagraph, the motion to

22 reopen shall be filed within 90 days of the

23 date of entry of a final administrative

24 order of removal.
84

HR 2202 PCS

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

2 on the filing of a motion to reopen if the

3 basis of the motion is to apply for relief

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

5 based on changed country conditions aris6 ing in the country of nationality or the

7 country to which removal has been or8 dered, if such evidence is material and was

9 not available and would not have been dis10 covered or presented at the previous pro11 ceeding.

12 ‘‘(iii) FAILURE TO APPEAR.—A mo13 tion to reopen may be filed within 180

14 days after the date of the final order of re15 moval if the order has been entered pursu16 ant to subsection (b)(5) due to the alien’s

17 failure to appear for proceedings under

18 this section and the alien establishes that

19 the alien’s failure to appear was because of

20 exceptional circumstances beyond the con21 trol of the alien or because the alien did

22 not receive the notice required under sec23 tion 239(a)(2).

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

25 shall provide by regulation for the entry by an immigration
85

HR 2202 PCS

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

2 (or the alien’s representative) and the Service. A stipu3 lated order shall constitute a conclusive determination of

4 the alien’s removability from the United States.

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

6 240A:

7 ‘‘(1) EXCEPTIONAL CIRCUMSTANCES.—The

8 term ‘exceptional circumstances’ refers to excep9 tional circumstances (such as serious illness of the

10 alien or serious illness or death of the spouse, child,

11 or parent of the alien, but not including less compel12 ling circumstances) beyond the control of the alien.

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

14 means—

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

16 to the United States, that the alien is inadmis17 sible under section 212, or

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

19 the United States, that the alien is deportable

20 under section 237.

21 ‘‘CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS

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

23 CERTAIN PERMANENT RESIDENTS.—The Attorney Gen24 eral may cancel removal in the case of an alien who is

25 inadmissible or deportable from the United States if the

26 alien—
86

HR 2202 PCS

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

2 permanent residence for not less than 5 years,

3 ‘‘(2) has resided in the United States continu4 ously for 7 years after having been admitted in any

5 status, and

6 ‘‘(3) has not been convicted of an aggravated

7 felony or felonies for which the alien has been sen8 tenced, in the aggregate, to a term of imprisonment

9 of at least 5 years.

10 ‘‘(b) CANCELLATION OF REMOVAL AND ADJUSTMENT

11 OF STATUS FOR CERTAIN NONPERMANENT RESI12 DENTS.—

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

14 cancel removal in the case of an alien who is deport15 able from the United States if the alien—

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

17 United States for a continuous period of not

18 less than 7 years immediately preceding the

19 date of such application;

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

21 character during such period;

22 ‘‘(C) has not been convicted of an aggra23 vated felony; and

24 ‘‘(D) establishes that removal would result

25 in extreme hardship to the alien or to the
87

HR 2202 PCS

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

2 of the United States or an alien lawfully admit3 ted for permanent residence.

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

5 CHILD.—The Attorney General may cancel removal

6 in the case of an alien who is inadmissible or deport7 able from the United States if the alien—

8 ‘‘(A) has been battered or subjected to ex9 treme cruelty in the United States by a spouse

10 or parent who is a United States citizen or law11 ful permanent resident (or is the parent of a

12 child of a United States citizen or lawful per13 manent resident and the child has been bat14 tered or subjected to extreme cruelty in the

15 United States by such citizen or permanent

16 resident parent);

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

18 United States for a continuous period of not

19 less than 3 years immediately preceding the

20 date of such application;

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

22 character during such period;

23 ‘‘(D) is not inadmissible under paragraph

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

25 under paragraph (1)(G) or (2) through (4) of
88

HR 2202 PCS

1 section 237(a), and has not been convicted of

2 an aggravated felony; and

3 ‘‘(E) establishes that removal would result

4 in extreme hardship to the alien, the alien’s

5 child, or (in the case of an alien who is a child)

6 to the alien’s parent.

7 In acting on applications under this paragraph, the

8 Attorney General shall consider any credible evi9 dence relevant to the application. The determination

10 of what evidence is credible and the weight to be

11 given that evidence shall be within the sole discretion

12 of the Attorney General.

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

14 General may adjust to the status of an alien lawfully

15 admitted for permanent residence any alien who the

16 Attorney General determines meets the requirements

17 of paragraph (1) or (2). The number of adjustments

18 under this paragraph shall not exceed 4,000 for any

19 fiscal year. The Attorney General shall record the

20 alien’s lawful admission for permanent residence as

21 of the date the Attorney General’s cancellation of re22 moval under paragraph (1) or (2) or determination

23 under this paragraph.
89

HR 2202 PCS

1 ‘‘(c) ALIENS INELIGIBLE FOR RELIEF.—The provi2 sions of subsections (a) and (b)(1) shall not apply to any

3 of the following aliens:

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

5 a crewman subsequent to June 30, 1964.

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

7 States as a nonimmigrant exchange alien as defined

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

9 of such a nonimmigrant exchange alien after admis10 sion, in order to receive graduate medical education

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

12 subject to or has fulfilled the two-year foreign resi13 dence requirement of section 212(e).

14 ‘‘(3) An alien who—

15 ‘‘(A) was admitted to the United States as

16 a nonimmigrant exchange alien as defined in

17 section 101(a)(15)(J) or has acquired the sta18 tus of such a nonimmigrant exchange alien

19 after admission other than to receive graduate

20 medical education or training,

21 ‘‘(B) is subject to the two-year foreign res22 idence requirement of section 212(e), and

23 ‘‘(C) has not fulfilled that requirement or

24 received a waiver thereof.
90

HR 2202 PCS

1 ‘‘(4) An alien who is inadmissible under section

2 212(a)(3) or deportable under subparagraph (B) or

3 (D) of section 237(a)(4).

4 ‘‘(d) SPECIAL RULES RELATING TO CONTINUOUS

5 RESIDENCE OR PHYSICAL PRESENCE.—

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

7 For purposes of this section, any period of continu8 ous residence or continuous physical presence in the

9 United States shall be deemed to end when the alien

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

11 ‘‘(2) TREATMENT OF CERTAIN BREAKS IN

12 PRESENCE.—An alien shall be considered to have

13 failed to maintain continuous physical presence in

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

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

16 States for any periods in the aggregate exceeding

17 180 days, unless the Attorney General finds that re18 turn could not be accomplished within that time pe19 riod due to emergent reasons.

20 ‘‘(3) CONTINUITY NOT REQUIRED BECAUSE OF

21 HONORABLE SERVICE IN ARMED FORCES AND PRES22 ENCE UPON ENTRY INTO SERVICE.—The require23 ments of continuous residence or continuous physical

24 presence in the United States under subsections (a)

25 and (b) shall not apply to an alien who—
91

HR 2202 PCS

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

2 24 months in an active-duty status in the

3 Armed Forces of the United States and, if sep4 arated from such service, was separated under

5 honorable conditions, and

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

7 or induction was in the United States.

8 ‘‘(e) ANNUAL LIMITATION.—The Attorney General

9 may not cancel the removal and adjust the status under

10 this section, nor suspend the deportation and adjust the

11 status under section 244(a) (as in effect before the enact12 ment of the Immigration in the National Interest Act of

13 1996), of a total of more than 4,000 aliens in any fiscal

14 year. The previous sentence shall apply regardless of when

15 an alien applied for such cancellation and adjustment and

16 whether such an alien had previously applied for suspen17 sion of deportation under such section 244(a).

18 ‘‘VOLUNTARY DEPARTURE

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

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

21 permit an alien voluntarily to depart the United

22 States at the alien’s own expense under this sub23 section, in lieu of being subject to proceedings under

24 section 240 or prior to the completion of such pro25 ceedings, if the alien is not deportable under section

26 237(a)(2)(A)(iii) or section 237(a)(4)(B).
92

HR 2202 PCS

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

2 under this subsection shall not be valid for a period

3 exceeding 120 days.

4 ‘‘(3) BOND.—The Attorney General may re5 quire an alien permitted to depart voluntarily under

6 this subsection to post a voluntary departure bond,

7 to be surrendered upon proof that the alien has de8 parted the United States within the time specified.

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

10 UNITED STATES.—In the case of an alien who is ar11 riving in the United States and with respect to

12 whom proceedings under section 240 are (or would

13 otherwise be) initiated at the time of such alien’s ar14 rival, paragraph (1) shall not apply. Nothing in this

15 paragraph shall be construed as preventing such an

16 alien from withdrawing the application for admission

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

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

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

20 permit an alien voluntarily to depart the United

21 States at the alien’s own expense if, at the conclu22 sion of a proceeding under section 240, the immigra23 tion judge enters an order granting voluntary depar24 ture in lieu of removal and finds that—
93

HR 2202 PCS

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

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

3 year immediately preceding the date the notice

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

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

6 of good moral character for at least 5 years im7 mediately preceding the alien’s application for

8 voluntary departure;

9 ‘‘(C) the alien is not deportable under sec10 tion 237(a)(2)(A)(iii) or section 237(a)(4); and

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

12 convincing evidence that the alien has the

13 means to depart the United States and intends

14 to do so.

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

16 under this subsection shall not be valid for a period

17 exceeding 60 days.

18 ‘‘(3) BOND.—An alien permitted to depart vol19 untarily under this subsection shall be required to

20 post a voluntary departure bond, in an amount nec21 essary to ensure that the alien will depart, to be sur22 rendered upon proof that the alien has departed the

23 United States within the time specified.

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

25 shall not permit an alien to depart voluntarily under this
94

HR 2202 PCS

1 section if the alien was previously permitted to so depart

2 after having been found inadmissible under section

3 212(a)(9).

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

5 If an alien is permitted to depart voluntarily under this

6 section and fails voluntarily to depart the United States

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

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

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

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

11 245, 248, and 249.

12 ‘‘(e) ADDITIONAL CONDITIONS.—The Attorney Gen13 eral may by regulation limit eligibility for voluntary depar14 ture under this section for any class or classes of aliens.

15 ‘‘(f) APPEALS OF DENIALS.—An alien may appeal

16 from denial of a request for an order of voluntary depar17 ture under subsection (b) in accordance with the proce18 dures in section 242. Notwithstanding the pendency of

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

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

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

22 appeal.’’.

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

24 U.S.C. 1182(c)) is repealed.
95

HR 2202 PCS

1 SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED

2 REMOVED (NEW SECTION 241).

3 (a) IN GENERAL.—Title II is further amended—

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

5 (2) by redesignating section 241 (8 U.S.C.

6 1251) as section 237 and by moving such section to

7 immediately follow section 236, and

8 (3) by inserting after section 240C (as redesig9 nated by section 304(a)(2)) the following new sec10 tion:

11 ‘‘DETENTION AND REMOVAL OF ALIENS ORDERED

12 REMOVED

13 ‘‘SEC. 241. (a) DETENTION, RELEASE, AND RE14 MOVAL OF ALIENS ORDERED REMOVED.—

15 ‘‘(1) REMOVAL PERIOD.—

16 ‘‘(A) IN GENERAL.—Except as otherwise

17 provided in this section, when an alien is or18 dered removed, the Attorney General shall re19 move the alien from the United States within a

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

21 the ‘removal period’).

22 ‘‘(B) BEGINNING OF PERIOD.—The re23 moval period begins on the latest of the follow24 ing:

25 ‘‘(i) The date the order of removal be26 comes administratively final.
96

HR 2202 PCS

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

2 reviewed and such review serves to stay the

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

4 final order.

5 ‘‘(iii) If the alien is detained or con6 fined (except under an immigration proc7 ess), the date the alien is released from de8 tention or confinement.

9 ‘‘(C) SUSPENSION OF PERIOD.—The re10 moval period shall be extended beyond a period

11 of 90 days and the alien may remain in deten12 tion during such extended period if the alien

13 willfully fails or refuses to make timely applica14 tion in good faith for travel or other documents

15 necessary to the alien’s departure or conspires

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

17 an order of removal.

18 ‘‘(2) DETENTION AND RELEASE BY THE ATTOR19 NEY GENERAL.—During the removal period, the At20 torney General shall detain the alien. If there is in21 sufficient detention space to detain the alien, the At22 torney General shall make a specific finding to this

23 effect and may release the alien on a bond contain24 ing such conditions as the Attorney General may

25 prescribe.
97

HR 2202 PCS

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

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

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

4 subject to supervision under regulations prescribed

5 by the Attorney General. The regulations shall in6 clude provisions requiring the alien—

7 ‘‘(A) to appear before an immigration offi8 cer periodically for identification;

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

10 and psychiatric examination at the expense of

11 the United States Government;

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

13 the alien’s nationality, circumstances, habits,

14 associations, and activities, and other informa15 tion the Attorney General considers appro16 priate; and

17 ‘‘(D) to obey reasonable written restric18 tions on the alien’s conduct or activities that

19 the Attorney General prescribes for the alien.

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

21 PAROLE, SUPERVISED RELEASE, OR PROBATION.—

22 ‘‘(A) IN GENERAL.—Except as provided in

23 section 343(a) of the Public Health Service Act

24 (42 U.S.C. 259(a)) and paragraph (2), the At25 torney General may not remove an alien who is
98

HR 2202 PCS

1 sentenced to imprisonment until the alien is re2 leased from imprisonment. Parole, supervised

3 release, probation, or possibility of arrest or

4 further imprisonment is not a reason to defer

5 removal.

6 ‘‘(B) EXCEPTION FOR REMOVAL OF NON7 VIOLENT OFFENDERS PRIOR TO COMPLETION

8 OF SENTENCE OF IMPRISONMENT.—The Attor9 ney General is authorized to remove an alien in

10 accordance with applicable procedures under

11 this Act before the alien has completed a sen12 tence of imprisonment—

13 ‘‘(i) in the case of an alien in the cus14 tody of the Attorney General, if the Attor15 ney General determines that (I) the alien

16 is confined pursuant to a final conviction

17 for a nonviolent offense (other than an of18 fense related to smuggling or harboring of

19 aliens) and (II) the removal of the alien is

20 appropriate and in the best interest of the

21 United States; or

22 ‘‘(ii) in the case of an alien in the cus23 tody of a State (or a political subdivision

24 of a State), if the chief State official exer25 cising authority with respect to the incar-
99

HR 2202 PCS

1 ceration of the alien determines that (I)

2 the alien is confined pursuant to a final

3 conviction for a nonviolent offense, (II) the

4 removal is appropriate and in the best in5 terest of the State, and (III) submits a

6 written request to the Attorney General

7 that such alien be so removed.

8 ‘‘(C) NOTICE.—Any alien removed pursu9 ant to this paragraph shall be notified of the

10 penalties under the laws of the United States

11 relating to the reentry of deported aliens, par12 ticularly the expanded penalties for aliens re13 moved under subparagraph (B).

14 ‘‘(5) REINSTATEMENT OF REMOVAL ORDERS

15 AGAINST ALIENS ILLEGALLY REENTERING.—If the

16 Attorney General finds that an alien has reentered

17 the United States illegally after having been removed

18 or having departed voluntarily, under an order of re19 moval, the prior order of removal is reinstated from

20 its original date and is not subject to being reopened

21 or reviewed, and the alien shall be removed under

22 the prior order at any time after the reentry.

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

24 removed who is inadmissible under section 212 may

25 be detained beyond the removal period and, if re-
100

HR 2202 PCS

1 leased, shall be subject to the terms of supervision

2 in paragraph (3).

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

4 ordered removed shall be eligible to receive author5 ization to be employed in the United States unless

6 the Attorney General makes a specific finding that—

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

8 the refusal of all countries designated by the

9 alien or under this section to receive the alien,

10 or

11 ‘‘(B) the removal of the alien is otherwise

12 impracticable or contrary to the public interest.

13 ‘‘(b) COUNTRIES TO WHICH ALIENS MAY BE RE14 MOVED.—

15 ‘‘(1) ALIENS ARRIVING AT THE UNITED

16 STATES.—Subject to paragraph (3)—

17 ‘‘(A) IN GENERAL.—Except as provided by

18 subparagraphs (B) and (C), an alien who ar19 rives at the United States and with respect to

20 whom proceedings under section 240 were initi21 ated at the time of such alien’s arrival shall be

22 removed to the country in which the alien

23 boarded the vessel or aircraft on which the alien

24 arrived in the United States.
101

HR 2202 PCS

1 ‘‘(B) TRAVEL FROM CONTIGUOUS TERRI2 TORY.—If the alien boarded the vessel or air3 craft on which the alien arrived in the United

4 States in a foreign territory contiguous to the

5 United States, an island adjacent to the United

6 States, or an island adjacent to a foreign terri7 tory contiguous to the United States, and the

8 alien is not a native, citizen, subject, or national

9 of, or does not reside in, the territory or island,

10 removal shall be to the country in which the

11 alien boarded the vessel that transported the

12 alien to the territory or island.

13 ‘‘(C) ALTERNATIVE COUNTRIES.—If the

14 government of the country designated in sub15 paragraph (A) or (B) is unwilling to accept the

16 alien into that country’s territory, removal shall

17 be to any of the following countries, as directed

18 by the Attorney General:

19 ‘‘(i) The country of which the alien is

20 a citizen, subject, or national.

21 ‘‘(ii) The country in which the alien

22 was born.

23 ‘‘(iii) The country in which the alien

24 has a residence.
102

HR 2202 PCS

1 ‘‘(iv) A country with a government

2 that will accept the alien into the country’s

3 territory if removal to each country de4 scribed in a previous clause of this sub5 paragraph is impracticable, inadvisable, or

6 impossible.

7 ‘‘(2) OTHER ALIENS.—Subject to paragraph

8 (3)—

9 ‘‘(A) SELECTION OF COUNTRY BY

10 ALIEN.—Except as otherwise provided in this

11 paragraph—

12 ‘‘(i) any alien not described in para13 graph (1) who has been ordered removed

14 may designate one country to which the

15 alien wants to be removed, and

16 ‘‘(ii) the Attorney General shall re17 move the alien to the country the alien so

18 designates.

19 ‘‘(B) LIMITATION ON DESIGNATION.—An

20 alien may designate under subparagraph (A)(i)

21 a foreign territory contiguous to the United

22 States, an adjacent island, or an island adja23 cent to a foreign territory contiguous to the

24 United States as the place to which the alien is

25 to be removed only if the alien is a native, citi-
103

HR 2202 PCS

1 zen, subject, or national of, or has resided in,

2 that designated territory or island.

3 ‘‘(C) DISREGARDING DESIGNATION.—The

4 Attorney General may disregard a designation

5 under subparagraph (A)(i) if—

6 ‘‘(i) the alien fails to designate a

7 country promptly;

8 ‘‘(ii) the government of the country

9 does not inform the Attorney General fi10 nally, within 30 days after the date the At11 torney General first inquires, whether the

12 government will accept the alien into the

13 country;

14 ‘‘(iii) the government of the country is

15 not willing to accept the alien into the

16 country; or

17 ‘‘(iv) the Attorney General decides

18 that removing the alien to the country is

19 prejudicial to the United States.

20 ‘‘(D) ALTERNATIVE COUNTRY.—If an alien

21 is not removed to a country designated under

22 subparagraph (A)(i), the Attorney General shall

23 remove the alien to a country of which the alien

24 is a subject, national, or citizen unless the gov25 ernment of the country—
104

HR 2202 PCS

1 ‘‘(i) does not inform the Attorney

2 General or the alien finally, within 30 days

3 after the date the Attorney General first

4 inquires or within another period of time

5 the Attorney General decides is reasonable,

6 whether the government will accept the

7 alien into the country; or

8 ‘‘(ii) is not willing to accept the alien

9 into the country.

10 ‘‘(E) ADDITIONAL REMOVAL COUNTRIES.—

11 If an alien is not removed to a country under

12 the previous subparagraphs of this paragraph,

13 the Attorney General shall remove the alien to

14 any of the following countries:

15 ‘‘(i) The country from which the alien

16 was admitted to the United States.

17 ‘‘(ii) The country in which is located

18 the foreign port from which the alien left

19 for the United States or for a foreign terri20 tory contiguous to the United States.

21 ‘‘(iii) A country in which the alien re22 sided before the alien entered the country

23 from which the alien entered the United

24 States.
105

HR 2202 PCS

1 ‘‘(iv) The country in which the alien

2 was born.

3 ‘‘(v) The country that had sovereignty

4 over the alien’s birthplace when the alien

5 was born.

6 ‘‘(vi) The country in which the alien’s

7 birthplace is located when the alien is or8 dered removed.

9 ‘‘(vii) If impracticable, inadvisable, or

10 impossible to remove the alien to each

11 country described in a previous clause of

12 this subparagraph, another country whose

13 government will accept the alien into that

14 country.

15 ‘‘(F) REMOVAL COUNTRY WHEN UNITED

16 STATES IS AT WAR.—When the United States is

17 at war and the Attorney General decides that it

18 is impracticable, inadvisable, inconvenient, or

19 impossible to remove an alien under this sub20 section because of the war, the Attorney Gen21 eral may remove the alien—

22 ‘‘(i) to the country that is host to a

23 government in exile of the country of which

24 the alien is a citizen or subject if the gov-
106

HR 2202 PCS

1 ernment of the host country will permit the

2 alien’s entry; or

3 ‘‘(ii) if the recognized government of

4 the country of which the alien is a citizen

5 or subject is not in exile, to a country, or

6 a political or territorial subdivision of a

7 country, that is very near the country of

8 which the alien is a citizen or subject, or,

9 with the consent of the government of the

10 country of which the alien is a citizen or

11 subject, to another country.

12 ‘‘(3) RESTRICTION ON REMOVAL TO A COUNTRY

13 WHERE ALIEN’S LIFE OR FREEDOM WOULD BE

14 THREATENED.—

15 ‘‘(A) IN GENERAL.—Notwithstanding

16 paragraphs (1) and (2), the Attorney General

17 may not remove an alien to a country if the At18 torney General decides that the alien’s life or

19 freedom would be threatened in that country

20 because of the alien’s race, religion, nationality,

21 membership in a particular social group, or po22 litical opinion.

23 ‘‘(B) EXCEPTION.—Subparagraph (A)

24 does not apply to an alien deportable under sec-
107

HR 2202 PCS

1 tion 237(a)(4)(D) or if the Attorney General

2 decides that—

3 ‘‘(i) the alien ordered, incited, as4 sisted, or otherwise participated in the per5 secution of an individual because of the in6 dividual’s race, religion, nationality, mem7 bership in a particular social group, or po8 litical opinion;

9 ‘‘(ii) the alien, having been convicted

10 by a final judgment of a particularly seri11 ous crime is a danger to the community of

12 the United States;

13 ‘‘(iii) there are serious reasons to be14 lieve that the alien committed a serious

15 nonpolitical crime outside the United

16 States before the alien arrived in the Unit17 ed States; or

18 ‘‘(iv) there are reasonable grounds to

19 believe that the alien is a danger to the se20 curity of the United States.

21 For purposes of clause (ii), an alien who has

22 been convicted of an aggravated felony (or felo23 nies) for which the alien has been sentenced to

24 an aggregate term of imprisonment of at least

25 5 years shall be considered to have committed
108

HR 2202 PCS

1 a particularly serious crime. For purposes of

2 clause (iv), an alien who is described in section

3 237(a)(4)(B) shall be considered to be an alien

4 with respect to whom there are reasonable

5 grounds for regarding as a danger to the secu6 rity of the United States.

7 ‘‘(c) REMOVAL OF ALIENS ARRIVING AT PORT OF

8 ENTRY.—

9 ‘‘(1) VESSELS AND AIRCRAFT.—An alien arriv10 ing at a port of entry of the United States who is

11 ordered removed either without a hearing under sec12 tion 235(a)(1) or 235(c) or pursuant to proceedings

13 under section 240 initiated at the time of such

14 alien’s arrival shall be removed immediately on a

15 vessel or aircraft owned by the owner of the vessel

16 or aircraft on which the alien arrived in the United

17 States, unless—

18 ‘‘(A) it is impracticable to remove the alien

19 on one of those vessels or aircraft within a rea20 sonable time, or

21 ‘‘(B) the alien is a stowaway—

22 ‘‘(i) who has been ordered removed in

23 accordance with section 235(a)(1),

24 ‘‘(ii) who has requested asylum, and
109

HR 2202 PCS

1 ‘‘(iii) whose application has not been

2 adjudicated or whose asylum application

3 has been denied but who has not exhausted

4 all appeal rights.

5 ‘‘(2) STAY OF REMOVAL.—

6 ‘‘(A) IN GENERAL.—The Attorney General

7 may stay the removal of an alien under this

8 subsection if the Attorney General decides

9 that—

10 ‘‘(i) immediate removal is not prac11 ticable or proper; or

12 ‘‘(ii) the alien is needed to testify in

13 the prosecution of a person for a violation

14 of a law of the United States or of any

15 State.

16 ‘‘(B) PAYMENT OF DETENTION COSTS.—

17 During the period an alien is detained because

18 of a stay of removal under subparagraph

19 (A)(ii), the Attorney General may pay from the

20 appropriation ‘Immigration and Naturalization

21 Service—Salaries and Expenses’—

22 ‘‘(i) the cost of maintenance of the

23 alien; and

24 ‘‘(ii) a witness fee of $1 a day.
110

HR 2202 PCS

1 ‘‘(C) RELEASE DURING STAY.—The Attor2 ney General may release an alien whose removal

3 is stayed under subparagraph (A)(ii) on—

4 ‘‘(i) the alien’s filing a bond of at

5 least $500 with security approved by the

6 Attorney General;

7 ‘‘(ii) condition that the alien appear

8 when required as a witness and for re9 moval; and

10 ‘‘(iii) other conditions the Attorney

11 General may prescribe.

12 ‘‘(3) COSTS OF DETENTION AND MAINTENANCE

13 PENDING REMOVAL.—

14 ‘‘(A) IN GENERAL.—Except as provided in

15 subparagraph (B) and subsection (d), an owner

16 of a vessel or aircraft bringing an alien to the

17 United States shall pay the costs of detaining

18 and maintaining the alien—

19 ‘‘(i) while the alien is detained under

20 subsection (d)(1), and

21 ‘‘(ii) in the case of an alien who is a

22 stowaway, while the alien is being detained

23 pursuant to—

24 ‘‘(I) subsection (d)(2)(A) or

25 (d)(2)(B)(i),
111

HR 2202 PCS

1 ‘‘(II) subsection (d)(2)(B)(ii) or

2 (iii) for the period of time reasonably

3 necessary for the owner to arrange for

4 repatriation or removal of the stow5 away, including obtaining necessary

6 travel documents, but not to extend

7 beyond the date on which it is

8 ascertained that such travel docu9 ments cannot be obtained from the

10 country to which the stowaway is to

11 be returned, or

12 ‘‘(III) section 235(b)(1)(B)(ii),

13 for a period not to exceed 15 days

14 (excluding Saturdays, Sundays, and

15 holidays) commencing on the first

16 such day which begins on the earlier

17 of 72 hours after the time of the ini18 tial presentation of the stowaway for

19 inspection or at the time the stow20 away is determined to have a credible

21 fear of persecution.

22 ‘‘(B) NONAPPLICATION.—Subparagraph

23 (A) shall not apply if—

24 ‘‘(i) the alien is a crewmember;

25 ‘‘(ii) the alien has an immigrant visa;
112

HR 2202 PCS

1 ‘‘(iii) the alien has a nonimmigrant

2 visa or other documentation authorizing

3 the alien to apply for temporary admission

4 to the United States and applies for admis5 sion not later than 120 days after the date

6 the visa or documentation was issued;

7 ‘‘(iv) the alien has a reentry permit

8 and applies for admission not later than

9 120 days after the date of the alien’s last

10 inspection and admission;

11 ‘‘(v)(I) the alien has a nonimmigrant

12 visa or other documentation authorizing

13 the alien to apply for temporary admission

14 to the United States or a reentry permit;

15 ‘‘(II) the alien applies for admission

16 more than 120 days after the date the visa

17 or documentation was issued or after the

18 date of the last inspection and admission

19 under the reentry permit; and

20 ‘‘(III) the owner of the vessel or air21 craft satisfies the Attorney General that

22 the existence of the condition relating to

23 inadmissibility could not have been discov24 ered by exercising reasonable care before

25 the alien boarded the vessel or aircraft; or
113

HR 2202 PCS

1 ‘‘(vi) the individual claims to be a na2 tional of the United States and has a Unit3 ed States passport.

4 ‘‘(d) REQUIREMENTS OF PERSONS PROVIDING

5 TRANSPORTATION.—

6 ‘‘(1) REMOVAL AT TIME OF ARRIVAL.—An

7 owner, agent, master, commanding officer, person in

8 charge, purser, or consignee of a vessel or aircraft

9 bringing an alien (except an alien crewmember) to

10 the United States shall—

11 ‘‘(A) receive an alien back on the vessel or

12 aircraft or another vessel or aircraft owned or

13 operated by the same interests if the alien is or14 dered removed under this part; and

15 ‘‘(B) take the alien to the foreign country

16 to which the alien is ordered removed.

17 ‘‘(2) ALIEN STOWAWAYS.—An owner, agent,

18 master, commanding officer, charterer, or consignee

19 of a vessel or aircraft arriving in the United States

20 with an alien stowaway—

21 ‘‘(A) shall detain the alien on board the

22 vessel or aircraft, or at such place as the Attor23 ney General shall designate, until completion of

24 the inspection of the alien by an immigration

25 officer;
114

HR 2202 PCS

1 ‘‘(B) may not permit the stowaway to land

2 in the United States, except pursuant to regula3 tions of the Attorney General temporarily—

4 ‘‘(i) for medical treatment,

5 ‘‘(ii) for detention of the stowaway by

6 the Attorney General, or

7 ‘‘(iii) for departure or removal of the

8 stowaway; and

9 ‘‘(C) if ordered by an immigration officer,

10 shall remove the stowaway on the vessel or air11 craft or on another vessel or aircraft.

12 The Attorney General shall grant a timely request to

13 remove the stowaway under subparagraph (C) on a

14 vessel or aircraft other than that on which the stow15 away arrived if the requester has obtained any travel

16 documents necessary for departure or repatriation of

17 the stowaway and removal of the stowaway will not

18 be unreasonably delayed.

19 ‘‘(3) REMOVAL UPON ORDER.—An owner,

20 agent, master, commanding officer, person in

21 charge, purser, or consignee of a vessel, aircraft, or

22 other transportation line shall comply with an order

23 of the Attorney General to take on board, guard

24 safely, and transport to the destination specified any

25 alien ordered to be removed under this Act.
115

HR 2202 PCS

1 ‘‘(e) PAYMENT OF EXPENSES OF REMOVAL.—

2 ‘‘(1) COSTS OF REMOVAL AT TIME OF ARRIV3 AL.—In the case of an alien who is a stowaway or

4 who is ordered removed either without a hearing

5 under section 235(a)(1) or 235(c) or pursuant to

6 proceedings under section 240 initiated at the time

7 of such alien’s arrival, the owner of the vessel or air8 craft (if any) on which the alien arrived in the Unit9 ed States shall pay the transportation cost of remov10 ing the alien. If removal is on a vessel or aircraft not

11 owned by the owner of the vessel or aircraft on

12 which the alien arrived in the United States, the At13 torney General may—

14 ‘‘(A) pay the cost from the appropriation

15 ‘Immigration and Naturalization Service—Sala16 ries and Expenses’; and

17 ‘‘(B) recover the amount of the cost in a

18 civil action from the owner, agent, or consignee

19 of the vessel or aircraft (if any) on which the

20 alien arrived in the United States.

21 ‘‘(2) COSTS OF REMOVAL TO PORT OF REMOVAL

22 FOR ALIENS ADMITTED OR PERMITTED TO LAND.—

23 In the case of an alien who has been admitted or

24 permitted to land and is ordered removed, the cost

25 (if any) of removal of the alien to the port of re-
116

HR 2202 PCS

1 moval shall be at the expense of the appropriation

2 for the enforcement of this Act.

3 ‘‘(3) COSTS OF REMOVAL FROM PORT OF RE4 MOVAL FOR ALIENS ADMITTED OR PERMITTED TO

5 LAND.—

6 ‘‘(A) THROUGH APPROPRIATION.—Except

7 as provided in subparagraph (B), in the case of

8 an alien who has been admitted or permitted to

9 land and is ordered removed, the cost (if any)

10 of removal of the alien from the port of removal

11 shall be at the expense of the appropriation for

12 the enforcement of this Act.

13 ‘‘(B) THROUGH OWNER.—

14 ‘‘(i) IN GENERAL.—In the case of an

15 alien described in clause (ii), the cost of re16 moval of the alien from the port of removal

17 may be charged to any owner of the vessel,

18 aircraft, or other transportation line by

19 which the alien came to the United States.

20 ‘‘(ii) ALIENS DESCRIBED.—An alien

21 described in this clause is an alien who—

22 ‘‘(I) is admitted to the United

23 States (other than lawfully admitted

24 for permanent residence) and is or25 dered removed within 5 years of the
117

HR 2202 PCS

1 date of admission based on a ground

2 that existed before or at the time of

3 admission, or

4 ‘‘(II) is an alien crewman per5 mitted to land temporarily under sec6 tion 252 and is ordered removed with7 in 5 years of the date of landing.

8 ‘‘(C) COSTS OF REMOVAL OF CERTAIN

9 ALIENS GRANTED VOLUNTARY DEPARTURE.—In

10 the case of an alien who has been granted vol11 untary departure under section 240B and who

12 is financially unable to depart at the alien’s own

13 expense and whose removal the Attorney Gen14 eral deems to be in the best interest of the

15 United States, the expense of such removal may

16 be paid from the appropriation for the enforce17 ment of this Act.

18 ‘‘(f) ALIENS REQUIRING PERSONAL CARE DURING

19 REMOVAL.—

20 ‘‘(1) IN GENERAL.—If the Attorney General be21 lieves that an alien being removed requires personal

22 care because of the alien’s mental or physical condi23 tion, the Attorney General may employ a suitable

24 person for that purpose who shall accompany and
118

HR 2202 PCS

1 care for the alien until the alien arrives at the final

2 destination.

3 ‘‘(2) COSTS.—The costs of providing the service

4 described in paragraph (1) shall be defrayed in the

5 same manner as the expense of removing the accom6 panied alien is defrayed under this section.

7 ‘‘(g) PLACES OF DETENTION.—

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

9 arrange for appropriate places of detention for aliens

10 detained pending removal or a decision on removal.

11 When United States Government facilities are un12 available or facilities adapted or suitably located for

13 detention are unavailable for rental, the Attorney

14 General may expend from the appropriation ‘Immi15 gration and Naturalization Service—Salaries and

16 Expenses’, without regard to section 3709 of the Re17 vised Statutes (41 U.S.C. 5), amounts necessary to

18 acquire land and to acquire, build, remodel, repair,

19 and operate facilities (including living quarters for

20 immigration officers if not otherwise available) nec21 essary for detention.

22 ‘‘(2) DETENTION FACILITIES OF THE IMMIGRA23 TION AND NATURALIZATION SERVICE.—Prior to ini24 tiating any project for the construction of any new

25 detention facility for the Service, the Commissioner
119

HR 2202 PCS

1 shall consider the availability for purchase or lease

2 of any existing prison, jail, detention center, or other

3 comparable facility suitable for such use.

4 ‘‘(h) STATUTORY CONSTRUCTION.—Nothing in this

5 section shall be construed to create any substantive or pro6 cedural right or benefit that is legally enforceable by any

7 party against the United States or its agencies or officers

8 or any other person.’’.

9 (b) MODIFICATION OF AUTHORITY.—

10 (1) Section 241(i), as redesignated by section

11 306(a)(1), is amended—

12 (A) in paragraph (3)(A) by striking ‘‘fel13 ony and sentenced to a term of imprisonment’’

14 and inserting ‘‘felony or two or more mis15 demeanors’’, and

16 (B) by adding at the end the following new

17 paragraph:

18 ‘‘(6) In this subsection, the term ‘incarceration’

19 includes imprisonment in a State or local prison or

20 jail the time of which is counted towards completion

21 of a sentence or the detention of an alien previously

22 convicted of a felony or misdemeanor who has been

23 arrested and is being held pending judicial action on

24 new charges or pending transfer to Federal cus25 tody.’’.
120

HR 2202 PCS

1 (2) The amendments made by paragraph (1)

2 shall apply beginning with fiscal year 1996.

3 (c) REENTRY OF ALIEN REMOVED PRIOR TO COM4 PLETION OF TERM OF IMPRISONMENT.—Section 276(b)

5 (8 U.S.C. 1326(b)), as amended by section 321(b), is

6 amended—

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

8 (2),

9 (2) by adding ‘‘or’’ at the end of paragraph (3),

10 and

11 (3) by inserting after paragraph (3) the follow12 ing new paragraph:

13 ‘‘(4) who was removed from the United States

14 pursuant to section 241(a)(4)(B) who thereafter,

15 without the permission of the Attorney General, en16 ters, attempts to enter, or is at any time found in,

17 the United States (unless the Attorney General has

18 expressly consented to such alien’s reentry) shall be

19 fined under title 18, United States Code, imprisoned

20 for not more than 10 years, or both.

21 (d) MISCELLANEOUS CONFORMING AMENDMENT.—

22 Section 212(a)(4) (8 U.S.C. 1182(a)(4)), as amended by

23 section 621(a), is amended by striking ‘‘241(a)(5)(B)’’

24 each place it appears and inserting ‘‘237(a)(5)(B)’’.
121

HR 2202 PCS

1 SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SEC2 TION 242).

3 (a) IN GENERAL.—Section 242 (8 U.S.C. 1252) is

4 amended—

5 (1) by redesignating subsection (j) as sub6 section (i) and by moving such subsection and add7 ing it at the end of section 241, as inserted by sec8 tion 305(a)(3); and

9 (2) by amending the remainder of section 242

10 to read as follows:

11 ‘‘JUDICIAL REVIEW OF ORDERS OF REMOVAL

12 ‘‘SEC. 242. (a) APPLICABLE PROVISIONS.—

13 ‘‘(1) GENERAL ORDERS OF REMOVAL.—Judicial

14 review of a final order of removal (other than an

15 order of removal without a hearing pursuant to sec16 tion 235(b)(1)) is governed only by chapter 158 of

17 title 28 of the United States Code, except as pro18 vided in subsection (b) and except that the court

19 may not order the taking of additional evidence

20 under section 2347(c) of such title.

21 ‘‘(2) LIMITATIONS ON REVIEW RELATING TO

22 SECTION 235(b)(1).—Notwithstanding any other pro23 vision of law, no court shall have jurisdiction to re24 view—

25 ‘‘(A) except as provided in subsection (f),

26 any individual determination or to entertain any
122

HR 2202 PCS

1 other cause or claim arising from or relating to

2 the implementation or operation of an order of

3 removal pursuant to section 235(b)(1),

4 ‘‘(B) a decision by the Attorney General to

5 invoke the provisions of such section,

6 ‘‘(C) the application of such section to in7 dividual aliens, including the determination

8 made under section 235(b)(1)(B), or

9 ‘‘(D) procedures and policies adopted by

10 the Attorney General to implement the provi11 sions of section 235(b)(1).

12 ‘‘(3) TREATMENT OF CERTAIN DECISIONS.—No

13 alien shall have a right to appeal from a decision of

14 an immigration judge which is based solely on a cer15 tification described in section 240(c)(1)(B).

16 ‘‘(b) REQUIREMENTS FOR ORDERS OF REMOVAL.—

17 With respect to review of an order of removal under sub18 section (a)(1), the following requirements apply:

19 ‘‘(1) DEADLINE.—The petition for review must

20 be filed not later than 30 days after the date of the

21 final order of removal.

22 ‘‘(2) VENUE AND FORMS.—The petition for re23 view shall be filed with the court of appeals for the

24 judicial circuit in which the immigration judge com25 pleted the proceedings. The record and briefs do not
123

HR 2202 PCS

1 have to be printed. The court of appeals shall review

2 the proceeding on a typewritten record and on type3 written briefs.

4 ‘‘(3) SERVICE.—

5 ‘‘(A) IN GENERAL.—The respondent is the

6 Attorney General. The petition shall be served

7 on the Attorney General and on the officer or

8 employee of the Service in charge of the Service

9 district in which the initial proceedings under

10 section 240 were conducted.

11 ‘‘(B) STAY OF ORDER.—

12 ‘‘(i) IN GENERAL.—Except as pro13 vided in clause (ii), service of the petition

14 on the officer or employee stays the re15 moval of an alien pending the court’s deci16 sion on the petition, unless the court or17 ders otherwise.

18 ‘‘(ii) EXCEPTION.—If the alien has

19 been convicted of an aggravated felony, or

20 the alien has been ordered removed pursu21 ant to a finding that the alien is inadmis22 sible under section 212, service of the peti23 tion does not stay the removal unless the

24 court orders otherwise.
124

HR 2202 PCS

1 ‘‘(4) DECISION.—Except as provided in para2 graph (5)(B)—

3 ‘‘(A) the court of appeals shall decide the

4 petition only on the administrative record on

5 which the order of removal is based,

6 ‘‘(B) the administrative findings of fact are

7 conclusive if supported by reasonable, substan8 tial, and probative evidence on the record con9 sidered as a whole, and

10 ‘‘(C) a decision that an alien is not eligible

11 for admission to the United States is conclusive

12 unless manifestly contrary to law.

13 ‘‘(5) TREATMENT OF NATIONALITY CLAIMS.—

14 ‘‘(A) COURT DETERMINATION IF NO ISSUE

15 OF FACT.—If the petitioner claims to be a na16 tional of the United States and the court of ap17 peals finds from the pleadings and affidavits

18 that no genuine issue of material fact about the

19 petitioner’s nationality is presented, the court

20 shall decide the nationality claim.

21 ‘‘(B) TRANSFER IF ISSUE OF FACT.—If

22 the petitioner claims to be a national of the

23 United States and the court of appeals finds

24 that a genuine issue of material fact about the

25 petitioner’s nationality is presented, the court
125

HR 2202 PCS

1 shall transfer the proceeding to the district

2 court of the United States for the judicial dis3 trict in which the petitioner resides for a new

4 hearing on the nationality claim and a decision

5 on that claim as if an action had been brought

6 in the district court under section 2201 of title

7 28, United States Code.

8 ‘‘(C) LIMITATION ON DETERMINATION.—

9 The petitioner may have such nationality claim

10 decided only as provided in this paragraph.

11 ‘‘(6) CONSOLIDATION WITH REVIEW OF MO12 TIONS TO REOPEN OR RECONSIDER.—When a peti13 tioner seeks review of an order under this section,

14 any review sought of a motion to reopen or recon15 sider the order shall be consolidated with the review

16 of the order.

17 ‘‘(7) CHALLENGE TO VALIDITY OF ORDERS IN

18 CERTAIN CRIMINAL PROCEEDINGS.—

19 ‘‘(A) IN GENERAL.—If the validity of an

20 order of removal has not been judicially de21 cided, a defendant in a criminal proceeding

22 charged with violating section 243(a) may chal23 lenge the validity of the order in the criminal

24 proceeding only by filing a separate motion be-
126

HR 2202 PCS

1 fore trial. The district court, without a jury,

2 shall decide the motion before trial.

3 ‘‘(B) CLAIMS OF UNITED STATES NATION4 ALITY.—If the defendant claims in the motion

5 to be a national of the United States and the

6 district court finds that—

7 ‘‘(i) no genuine issue of material fact

8 about the defendant’s nationality is pre9 sented, the court shall decide the motion

10 only on the administrative record on which

11 the removal order is based and the admin12 istrative findings of fact are conclusive if

13 supported by reasonable, substantial, and

14 probative evidence on the record considered

15 as a whole; or

16 ‘‘(ii) a genuine issue of material fact

17 about the defendant’s nationality is pre18 sented, the court shall hold a new hearing

19 on the nationality claim and decide that

20 claim as if an action had been brought

21 under section 2201 of title 28, United

22 States Code.

23 The defendant may have such nationality claim

24 decided only as provided in this subparagraph.
127

HR 2202 PCS

1 ‘‘(C) CONSEQUENCE OF INVALIDATION.—

2 If the district court rules that the removal order

3 is invalid, the court shall dismiss the indictment

4 for violation of section 243(a). The United

5 States Government may appeal the dismissal to

6 the court of appeals for the appropriate circuit

7 within 30 days after the date of the dismissal.

8 ‘‘(D) LIMITATION ON FILING PETITIONS

9 FOR REVIEW.—The defendant in a criminal

10 proceeding under section 243(a) may not file a

11 petition for review under subsection (a) during

12 the criminal proceeding.

13 ‘‘(8) CONSTRUCTION.—This subsection—

14 ‘‘(A) does not prevent the Attorney Gen15 eral, after a final order of removal has been is16 sued, from detaining the alien under section

17 241(a);

18 ‘‘(B) does not relieve the alien from com19 plying with section 241(a)(4) and section

20 243(g); and

21 ‘‘(C) except as provided in paragraph (3),

22 does not require the Attorney General to defer

23 removal of the alien.

24 ‘‘(c) REQUIREMENTS FOR PETITION.—A petition for

25 review or for habeas corpus of an order of removal shall
128

HR 2202 PCS

1 state whether a court has upheld the validity of the order,

2 and, if so, shall state the name of the court, the date of

3 the court’s ruling, and the kind of proceeding.

4 ‘‘(d) REVIEW OF FINAL ORDERS.—A court may re5 view a final order of removal only if—

6 ‘‘(1) the alien has exhausted all administrative

7 remedies available to the alien as of right, and

8 ‘‘(2) another court has not decided the validity

9 of the order, unless the reviewing court finds that

10 the petition presents grounds that could not have

11 been presented in the prior judicial proceeding or

12 that the remedy provided by the prior proceeding

13 was inadequate or ineffective to test the validity of

14 the order.

15 ‘‘(e) LIMITED REVIEW FOR NON-PERMANENT RESI16 DENTS CONVICTED OF AGGRAVATED FELONIES.—

17 ‘‘(1) IN GENERAL.—A petition for review filed

18 by an alien against whom a final order of removal

19 has been issued under section 238 may challenge

20 only whether—

21 ‘‘(A) the alien is the alien described in the

22 order,

23 ‘‘(B) the alien is an alien described in sec24 tion 238(b)(2) and has been convicted after
129

HR 2202 PCS

1 entry into the United States of an aggravated

2 felony, and

3 ‘‘(C) proceedings against the alien com4 plied with section 238(b)(4).

5 ‘‘(2) LIMITED JURISDICTION.—A court review6 ing the petition has jurisdiction only to review the is7 sues described in paragraph (1).

8 ‘‘(f) JUDICIAL REVIEW OF ORDERS UNDER SECTION

9 235(b)(1).—

10 ‘‘(1) APPLICATION.—The provisions of this sub11 section apply with respect to judicial review of or12 ders of removal effected under section 235(b)(1).

13 ‘‘(2) LIMITATIONS ON RELIEF.—Regardless of

14 the nature of the action or claim and regardless of

15 the identity of the party or parties bringing the ac16 tion, no court shall have jurisdiction or authority to

17 enter declaratory, injunctive, or other equitable relief

18 not specifically authorized in this subsection, or to

19 certify a class under Rule 23 of the Federal Rules

20 of Civil Procedure.

21 ‘‘(3) LIMITATION TO HABEAS CORPUS.—Judi22 cial review of any matter, cause, claim, or individual

23 determination made or arising under or pertaining

24 to section 235(b)(1) shall only be available in habeas
130

HR 2202 PCS

1 corpus proceedings, and shall be limited to deter2 minations of—

3 ‘‘(A) whether the petitioner is an alien,

4 ‘‘(B) whether the petitioner was ordered

5 removed under such section, and

6 ‘‘(C) whether the petitioner can prove by a

7 preponderance of the evidence that the peti8 tioner is an alien lawfully admitted for perma9 nent residence and is entitled to such further

10 inquiry as prescribed by the Attorney General

11 pursuant to section 235(b)(1)(C).

12 ‘‘(4) DECISION.—In any case where the court

13 determines that the petitioner—

14 ‘‘(A) is an alien who was not ordered re15 moved under section 235(b)(1), or

16 ‘‘(B) has demonstrated by a preponderance

17 of the evidence that the alien is a lawful perma18 nent resident,

19 the court may order no remedy or relief other than

20 to require that the petitioner be provided a hearing

21 in accordance with section 240. Any alien who is

22 provided a hearing under section 240 pursuant to

23 this paragraph may thereafter obtain judicial review

24 of any resulting final order of removal pursuant to

25 subsection (a)(1).
131

HR 2202 PCS

1 ‘‘(5) SCOPE OF INQUIRY.—In determining

2 whether an alien has been ordered removed under

3 section 235(b)(1), the court’s inquiry shall be limited

4 to whether such an order in fact was issued and

5 whether it relates to the petitioner. There shall be

6 no review of whether the alien is actually inadmis7 sible or entitled to any relief from removal.

8 ‘‘(g) LIMIT ON INJUNCTIVE RELIEF.—Regardless of

9 the nature of the action or claim or of the identity of the

10 party or parties bringing the action, no court (other than

11 the Supreme Court) shall have jurisdiction or authority

12 to enjoin or restrain the operation of the provisions of

13 chapter 4 of title II, as amended by the Immigration in

14 the National Interest Act of 1996, other than with respect

15 to the application of such provisions to an individual alien

16 against whom proceedings under such chapter have been

17 initiated.’’.

18 (b) REPEAL OF SECTION 106.—Section 106 (8

19 U.S.C. 1105a) is repealed.

20 (c) TREATMENT OF POLITICAL SUBDIVISIONS.—Ef21 fective as of the date of the enactment of this Act, section

22 242(j), before being redesignated and moved under sub23 section (a)(1), is amended by adding at the end the follow24 ing new paragraph:
132

HR 2202 PCS

1 ‘‘(6) For purposes of this subsection, the term

2 ‘political subdivision’ includes a county, city, munici3 pality, or other similar subdivision recognized under

4 State law.’’.

5 SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED

6 SECTION 243).

7 (a) IN GENERAL.—Section 243 (8 U.S.C. 1253) is

8 amended to read as follows:

9 ‘‘PENALTIES RELATED TO REMOVAL

10 ‘‘SEC. 243. (a) PENALTY FOR FAILURE TO DE11 PART.—

12 ‘‘(1) IN GENERAL.—Any alien against whom a

13 final order of removal is outstanding by reason of

14 being a member of any of the classes described in

15 section 237(a), who—

16 ‘‘(A) willfully fails or refuses to depart

17 from the United States within a period of 90

18 days from the date of the final order of removal

19 under administrative processes, or if judicial re20 view is had, then from the date of the final

21 order of the court,

22 ‘‘(B) willfully fails or refuses to make time23 ly application in good faith for travel or other

24 documents necessary to the alien’s departure,

25 ‘‘(C) connives or conspires, or takes any

26 other action, designed to prevent or hamper or
133

HR 2202 PCS

1 with the purpose of preventing or hampering

2 the alien’s departure pursuant to such, or

3 ‘‘(D) willfully fails or refuses to present

4 himself or herself for removal at the time and

5 place required by the Attorney General pursu6 ant to such order,

7 shall be fined under title 18, United States Code, or

8 imprisoned not more than four years (or 10 years if

9 the alien is a member of any of the classes described

10 in paragraph (1)(E), (2), (3), or (4) of section

11 237(a)), or both.

12 ‘‘(2) EXCEPTION.—It is not a violation of para13 graph (1) to take any proper steps for the purpose

14 of securing cancellation of or exemption from such

15 order of removal or for the purpose of securing the

16 alien’s release from incarceration or custody.

17 ‘‘(3) SUSPENSION.—The court may for good

18 cause suspend the sentence of an alien under this

19 subsection and order the alien’s release under such

20 conditions as the court may prescribe. In determin21 ing whether good cause has been shown to justify re22 leasing the alien, the court shall take into account

23 such factors as—

24 ‘‘(A) the age, health, and period of deten25 tion of the alien;
134

HR 2202 PCS

1 ‘‘(B) the effect of the alien’s release upon

2 the national security and public peace or safety;

3 ‘‘(C) the likelihood of the alien’s resuming

4 or following a course of conduct which made or

5 would make the alien deportable;

6 ‘‘(D) the character of the efforts made by

7 such alien himself and by representatives of the

8 country or countries to which the alien’s re9 moval is directed to expedite the alien’s depar10 ture from the United States;

11 ‘‘(E) the reason for the inability of the

12 Government of the United States to secure

13 passports, other travel documents, or removal

14 facilities from the country or countries to which

15 the alien has been ordered removed; and

16 ‘‘(F) the eligibility of the alien for discre17 tionary relief under the immigration laws.

18 ‘‘(b) WILLFUL FAILURE TO COMPLY WITH TERMS OF

19 RELEASE UNDER SUPERVISION.—An alien who shall will20 fully fail to comply with regulations or requirements issued

21 pursuant to section 241(a)(3) or knowingly give false in22 formation in response to an inquiry under such section

23 shall be fined not more than $1,000 or imprisoned for not

24 more than one year, or both.
135

HR 2202 PCS

1 ‘‘(c) PENALTIES RELATING TO VESSELS AND AIR2 CRAFT.—

3 ‘‘(1) CIVIL PENALTIES.—

4 ‘‘(A) FAILURE TO CARRY OUT CERTAIN

5 ORDERS.—If the Attorney General is satisfied

6 that a person has violated subsection (d) or (e)

7 of section 241, the person shall pay to the Com8 missioner the sum of $2,000 for each violation.

9 ‘‘(B) FAILURE TO REMOVE ALIEN STOW10 AWAYS.—If the Attorney General is satisfied

11 that a person has failed to remove an alien

12 stowaway as required under section 241(d)(2),

13 the person shall pay to the Commissioner the

14 sum of $5,000 for each alien stowaway not re15 moved.

16 ‘‘(C) NO COMPROMISE.—The Attorney

17 General may not compromise the amount of

18 such penalty under this paragraph.

19 ‘‘(2) CLEARING VESSELS AND AIRCRAFT.—

20 ‘‘(A) CLEARANCE BEFORE DECISION ON

21 LIABILITY.—A vessel or aircraft may be grant22 ed clearance before a decision on liability is

23 made under paragraph (1) only if a bond ap24 proved by the Attorney General or an amount
136

HR 2202 PCS

1 sufficient to pay the civil penalty is deposited

2 with the Commissioner.

3 ‘‘(B) PROHIBITION ON CLEARANCE WHILE

4 PENALTY UNPAID.—A vessel or aircraft may

5 not be granted clearance if a civil penalty im6 posed under paragraph (1) is not paid.

7 ‘‘(d) DISCONTINUING GRANTING VISAS TO NATION8 ALS OF COUNTRY DENYING OR DELAYING ACCEPTING

9 ALIEN.—On being notified by the Attorney General that

10 the government of a foreign country denies or unreason11 ably delays accepting an alien who is a citizen, subject,

12 national, or resident of that country after the Attorney

13 General asks whether the government will accept the alien

14 under this section, the Secretary of State shall order con15 sular officers in that foreign country to discontinue grant16 ing immigrant visas or nonimmigrant visas, or both, to

17 citizens, subjects, nationals, and residents of that country

18 until the Attorney General notifies the Secretary that the

19 country has accepted the alien.’’.

20 SEC. 308. REDESIGNATION AND REORGANIZATION OF

21 OTHER PROVISIONS; ADDITIONAL CONFORM22 ING AMENDMENTS.

23 (a) CONFORMING AMENDMENT TO TABLE OF CON24 TENTS; OVERVIEW OF REORGANIZED CHAPTERS.—The
137

HR 2202 PCS

1 table of contents, as amended by section 851(d)(1), is

2 amended—

3 (1) by striking the item relating to section 106,

4 and

5 (2) by striking the item relating to chapter 4 of

6 title II and all that follows through the item relating

7 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. Temporary protected status.

‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.

8 (b) REORGANIZATION OF OTHER PROVISIONS.—

9 Chapters 4 and 5 of title II are amended as follows:

10 (1) AMENDING CHAPTER HEADING.—Amend

11 the heading for chapter 4 of title II to read as fol12 lows:
138

HR 2202 PCS

1 ‘‘CHAPTER 4—INSPECTION, APPREHENSION,

2 EXAMINATION, EXCLUSION, AND REMOVAL’’.

3 (2) REDESIGNATING SECTION 232 AS SECTION

4 232(a).—Amend section 232 (8 U.S.C. 1222)—

5 (A) by inserting ‘‘(a) DETENTION OF

6 ALIENS.—’’ after ‘‘SEC. 232.’’, and

7 (B) by amending the section heading to

8 read as follows:

9 ‘‘DETENTION OF ALIENS FOR PHYSICAL AND MENTAL

10 EXAMINATION’’.

11 (3) REDESIGNATING SECTION 234 AS SECTION

12 232(b).—Amend section 234 (8 U.S.C. 1224)—

13 (A) by striking the heading,

14 (B) by striking ‘‘SEC. 234.’’ and inserting

15 the following: ‘‘(b) PHYSICAL AND MENTAL EX16 AMINATION.—’’, and

17 (C) by moving such provision to the end of

18 section 232.

19 (4) REDESIGNATING SECTION 238 AS SECTION

20 233.—Redesignate section 238 (8 U.S.C. 1228) as

21 section 233 and move the section to immediately fol22 low section 232.

23 (5) REDESIGNATING SECTION 242A AS SECTION

24 238.—Redesignate section 242A as section 238,

25 strike ‘‘DEPORTATION’’ in its heading and insert

26 ‘‘REMOVAL’’, and move the section to immediately
139

HR 2202 PCS

1 follow section 237 (as redesignated by section

2 305(a)(2)).

3 (6) STRIKING SECTION 242B.—Strike section

4 242B (8 U.S.C. 1252b).

5 (7) STRIKING SECTION 244 AND REDESIGNAT6 ING SECTION 244A AS SECTION 244.—Strike section

7 244 (8 U.S.C. 1254) and redesignate section 244A

8 as section 244.

9 (8) AMENDING CHAPTER HEADING.—Amend

10 the heading for chapter 5 of title II to read as fol11 lows:

12 ‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.

13 (c) ADDITIONAL CONFORMING AMENDMENTS.—

14 (1) EXPEDITED PROCEDURES FOR AGGRA15 VATED FELONS (FORMER SECTION 242A).—Section

16 238 (which, previous to redesignation under section

17 308(b)(5), was section 242A) is amended—

18 (A) in subsection (a)(1), by striking ‘‘sec19 tion 242’’ and inserting ‘‘section 240’’;

20 (B) in subsection (a)(2), by striking ‘‘sec21 tion 242(a)(2)’’ and inserting ‘‘section 236(c)’’;

22 and

23 (C) in subsection (b)(1), by striking ‘‘sec24 tion 241(a)(2)(A)(iii)’’ and inserting ‘‘section

25 237(a)(2)(A)(iii)’’.
140

HR 2202 PCS

1 (2) TREATMENT OF CERTAIN HELPLESS

2 ALIENS.—

3 (A) CERTIFICATION OF HELPLESS

4 ALIENS.—Section 232 (8 U.S.C. 1222), as

5 amended by section 308(b)(2), is further

6 amended by adding at the end the following

7 new subsection:

8 ‘‘(c) CERTIFICATION OF CERTAIN HELPLESS

9 ALIENS.—If an examining medical officer determines that

10 an alien arriving in the United States is inadmissible, is

11 helpless from sickness, mental or physical disability, or in12 fancy, and is accompanied by another alien whose protec13 tion or guardianship may be required, the officer may cer14 tify such fact for purposes of applying section

15 212(a)(10)(B) with respect to the other alien.’’.

16 (B) GROUND OF INADMISSIBILITY FOR

17 PROTECTION AND GUARDIANSHIP OF ALIENS

18 DENIED ADMISSION FOR HEALTH OR IN19 FANCY.—Subparagraph (B) of section

20 212(a)(10) (8 U.S.C. 1182(a)(10)), as redesig21 nated by section 301(a)(1), is amended to read

22 as follows:

23 ‘‘(B) GUARDIAN REQUIRED TO ACCOMPANY

24 HELPLESS ALIEN.—Any alien—
141

HR 2202 PCS

1 ‘‘(i) who is accompanying another

2 alien who is inadmissible and who is cer3 tified to be helpless from sickness, mental

4 or physical disability, or infancy pursuant

5 to section 232(c), and

6 ‘‘(ii) whose protection or guardianship

7 is determined to be required by the alien

8 described in clause (i),

9 is inadmissible.’’.

10 (3) CONTINGENT CONSIDERATION IN RELATION

11 TO REMOVAL OF ALIENS.—Section 273(a) (8 U.S.C.

12 1323(a)) is amended—

13 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’, and

14 (B) by adding at the end the following new

15 paragraph:

16 ‘‘(2) It is unlawful for an owner, agent, master, com17 manding officer, person in charge, purser, or consignee of

18 a vessel or aircraft who is bringing an alien (except an

19 alien crewmember) to the United States to take any con20 sideration to be kept or returned contingent on whether

21 an alien is admitted to, or ordered removed from, the

22 United States.’’.

23 (4) CLARIFICATION.—(A) Section 238(a)(1),

24 which, previous to redesignation under section

25 308(b)(5), was section 242A(a)(1), is amended by
142

HR 2202 PCS

1 adding at the end the following: ‘‘Nothing in this

2 section shall be construed to create any substantive

3 or procedural right or benefit that is legally enforce4 able by any party against the United States or its

5 agencies or officers or any other person.’’.

6 (B) Section 225 of the Immigration and Na7 tionality Technical Corrections Act of 1994 (Public

8 Law 103–416), as amended by section 851(b)(15),

9 is amended by striking ‘‘and nothing in’’ and all

10 that follows up to ‘‘shall’’.

11 (d) ADDITIONAL CONFORMING AMENDMENTS RE12 LATING TO EXCLUSION AND INADMISSIBILITY.—

13 (1) SECTION 212.—Section 212 (8 U.S.C.

14 1182(a)) is amended—

15 (A) in the heading, by striking ‘‘EX16 CLUDED FROM’’ and inserting ‘‘INELIGIBLE

17 FOR’’;

18 (B) in the matter in subsection (a) before

19 paragraph (1), by striking all that follows ‘‘(a)’’

20 and inserting the following: ‘‘CLASSES OF

21 ALIENS INELIGIBLE FOR VISAS OR ADMIS22 SION.—Except as otherwise provided in this

23 Act, aliens who are inadmissible under the fol24 lowing paragraphs are ineligible to receive visas
143

HR 2202 PCS

1 and ineligible to be admitted to the United

2 States:’’;

3 (C) in subsection (a), by striking ‘‘is ex4 cludable’’ and inserting ‘‘is inadmissible’’ each

5 place it appears;

6 (D) in subsections (a)(5)(C), (d)(1), (k),

7 by striking ‘‘exclusion’’ and inserting ‘‘inadmis8 sibility’’;

9 (E) in subsections (b), (d)(3), (h)(1)(A)(i),

10 and (k), by striking ‘‘excludable’’ each place it

11 appears and inserting ‘‘inadmissible’’;

12 (F) in subsection (b)(2), by striking ‘‘or

13 ineligible for entry’’;

14 (G) in subsection (d)(7), by striking ‘‘ex15 cluded from’’ and inserting ‘‘denied’’; and

16 (H) in subsection (h)(1)(B), by striking

17 ‘‘exclusion’’ and inserting ‘‘denial of admis18 sion’’.

19 (2) SECTION 241.—Section 241 (8 U.S.C.

20 1251), before redesignation as section 237 by section

21 305(a)(2), is amended—

22 (A) in subsection (a)(1)(H), by striking

23 ‘‘excludable’’ and inserting ‘‘inadmissible’’;
144

HR 2202 PCS

1 (B) in subsection (a)(4)(C)(ii), by striking

2 ‘‘excludability’’ and inserting ‘‘inadmissibility’’;

3 and

4 (C) in subsection (c), by striking ‘‘exclu5 sion’’ and inserting ‘‘inadmissibility’’.

6 (3) OTHER GENERAL REFERENCES.—The fol7 lowing provisions are amended by striking ‘‘exclud8 ability’’ and ‘‘excludable’’ each place each appears

9 and inserting ‘‘inadmissibility’’ and ‘‘inadmissible’’,

10 respectively:

11 (A) Sections 101(f)(3), 213, 234 (before

12 redesignation by section 308(b)), 241(a)(1) (be13 fore redesignation by section 305(a)(2)),

14 272(a), 277, 286(h)(2)(A)(v), and

15 286(h)(2)(A)(vi).

16 (B) Section 601(c) of the Immigration Act

17 of 1990.

18 (C) Section 128 of the Foreign Relations

19 Authorization Act, Fiscal Years 1992 and 1993

20 (Public Law 102–138).

21 (D) Section 1073 of the National Defense

22 Authorization Act for Fiscal Year 1995 (Public

23 Law 103–337).
145

HR 2202 PCS

1 (E) Section 221 of the Immigration and

2 Nationality Technical Corrections Act of 1994

3 (Public Law 103–416).

4 (4) RELATED TERMS.—

5 (A) Section 101(a)(17) (8 U.S.C.

6 1101(a)(17)) is amended by striking ‘‘or expul7 sion’’ and inserting ‘‘expulsion, or removal’’.

8 (B) Section 102 (8 U.S.C. 1102) is

9 amended by striking ‘‘exclusion or deportation’’

10 and inserting ‘‘removal’’.

11 (C) Section 103(c)(2) (8 U.S.C.

12 1103(c)(2)) is amended by striking ‘‘been ex13 cluded or deported’’ and inserting ‘‘not been ad14 mitted or have been removed’’.

15 (D) Section 206 (8 U.S.C. 1156) is

16 amended by striking ‘‘excluded from admission

17 to the United States and deported’’ and insert18 ing ‘‘denied admission to the United States and

19 removed’’.

20 (E) Section 216(f) (8 U.S.C. 1186a) is

21 amended by striking ‘‘exclusion’’ and inserting

22 ‘‘inadmissibility’’.

23 (F) Section 217 (8 U.S.C. 1187) is amend24 ed by striking ‘‘excluded from admission’’ and
146

HR 2202 PCS

1 inserting ‘‘denied admission at the time of ar2 rival’’ each place it appears.

3 (G) Section 221(f) (8 U.S.C. 1201) is

4 amended by striking ‘‘exclude’’ and inserting

5 ‘‘deny admission to’’.

6 (H) Section 232(a) (8 U.S.C. 1222(a)), as

7 redesignated by subsection (b)(2), is amended

8 by striking ‘‘excluded by’’ and ‘‘the excluded

9 classes’’ and inserting ‘‘inadmissible under’’ and

10 ‘‘inadmissible classes’’, respectively.

11 (I)(i) Section 272 (8 U.S.C. 1322) is

12 amended—

13 (I) by striking ‘‘EXCLUSION’’ in the

14 heading and inserting ‘‘DENIAL OF ADMIS15 SION’’,

16 (II) in subsection (a), by striking ‘‘ex17 cluding condition’’ and inserting ‘‘condition

18 causing inadmissibility’’, and

19 (III) in subsection (c), by striking

20 ‘‘excluding’’.

21 (ii) The item in the table of contents relat22 ing to such section is amended by striking ‘‘ex23 clusion’’ and inserting ‘‘denial of admission’’.

24 (J) Section 276(a) (8 U.S.C. 1326) is

25 amended—
147

HR 2202 PCS

1 (i) in paragraph (1), by striking ‘‘de2 ported or excluded and deported’’ and in3 serting ‘‘denied admission or removed’’,

4 and

5 (ii) in paragraph (2)(B), by striking

6 ‘‘excluded and deported’’ and inserting

7 ‘‘denied admission and removed’’.

8 (K) Section 286(h)(2)(A)(vi) (8 U.S.C.

9 1356(h)(2)(A)(vi)) is amended by striking ‘‘ex10 clusion’’ each place it appears and inserting

11 ‘‘removal’’.

12 (L) Section 287 (8 U.S.C. 1357) is amend13 ed—

14 (i) in subsection (a), by striking ‘‘or

15 expulsion’’ each place it appears and in16 serting ‘‘expulsion, or removal’’, and

17 (ii) in subsection (c), by striking ‘‘ex18 clusion from’’ and inserting ‘‘denial of ad19 mission to’’.

20 (M) Section 290(a) (8 U.S.C. 1360(a)) is

21 amended by striking ‘‘admitted to the United

22 States, or excluded therefrom’’ each place it ap23 pears and inserting ‘‘admitted or denied admis24 sion to the United States’’.
148

HR 2202 PCS

1 (N) Section 291 (8 U.S.C. 1361) is

2 amended by striking ‘‘subject to exclusion’’ and

3 inserting ‘‘inadmissible’’ each place it appears.

4 (O) Section 292 (8 U.S.C. 1362) is

5 amended by striking ‘‘exclusion or deportation’’

6 each place it appears and inserting ‘‘removal’’.

7 (P) Section 360 (8 U.S.C. 1503) is amend8 ed—

9 (i) in subsection (a), by striking ‘‘ex10 clusion’’ each place it appears and insert11 ing ‘‘removal’’, and

12 (ii) in subsection (c), by striking ‘‘ex13 cluded from’’ and inserting ‘‘denied’’.

14 (Q) Section 301(a)(1) of the Immigration

15 Act of 1990 is amended by striking ‘‘exclusion’’

16 and inserting ‘‘inadmissibility’’.

17 (R) Section 401(c) of the Refugee Act of

18 1980 is amended by striking ‘‘deportation or

19 exclusion’’ and inserting ‘‘removal’’.

20 (S) Section 501(e)(2) of the Refugee Edu21 cation Assistance Act of 1980 (Public Law 96–

22 422) is amended—

23 (i) by striking ‘‘exclusion or deporta24 tion’’ each place it appears and inserting

25 ‘‘removal’’, and
149

HR 2202 PCS

1 (ii) by striking ‘‘deportation or exclu2 sion’’ each place it appears and inserting

3 ‘‘removal’’.

4 (T) Section 4113(c) of title 18, United

5 States Code, is amended by striking ‘‘exclusion

6 and deportation’’ and inserting ‘‘removal’’.

7 (e) REVISION OF TERMINOLOGY RELATING TO DE8 PORTATION.—

9 (1) Each of the following is amended by strik10 ing ‘‘deportation’’ each place it appears and insert11 ing ‘‘removal’’:

12 (A) Subparagraphs (A)(iii)(II), (A)(iv)(II),

13 and (B)(iii)(II) of section 204(a)(1) (8 U.S.C.

14 1154(a)(1)).

15 (B) Section 212(d)(1) (8 U.S.C.

16 1182(d)(1)).

17 (C) Section 212(d)(11) (8 U.S.C.

18 1182(d)(11)).

19 (D) Section 214(k)(4)(C) (8 U.S.C.

20 1184(k)(4)(C)), as redesignated by section

21 851(a)(3)(A).

22 (E) Section 241(a)(1)(H) (8 U.S.C.

23 1251(a)(1)(H)), before redesignation as section

24 237 by section 305(a)(2).
150

HR 2202 PCS

1 (F) Section 242A (8 U.S.C. 1252a), before

2 redesignation as section 238 by subsection

3 (b)(5).

4 (G) Subsections (a)(3) and (b)(5)(B) of

5 section 244A (8 U.S.C. 1254a), before redesig6 nation as section 244 by subsection (b)(7).

7 (H) Section 246(a) (8 U.S.C. 1256(a)).

8 (I) Section 254 (8 U.S.C. 1284).

9 (J) Section 263(a)(4) (8 U.S.C.

10 1303(a)(4)).

11 (K) Section 276(b) (8 U.S.C. 1326(b)).

12 (L) Section 286(h)(2)(A)(v) (8 U.S.C.

13 1356(h)(2)(A)(v)).

14 (M) Section 287(g) (8 U.S.C. 1357(g)) (as

15 added by section 122).

16 (N) Section 291 (8 U.S.C. 1361).

17 (O) Section 318 (8 U.S.C. 1429).

18 (P) Section 130005(a) of the Violent

19 Crime Control and Law Enforcement Act of

20 1994 (Public Law 103–322).

21 (Q) Section 4113(b) of title 18, United

22 States Code.

23 (2) Each of the following is amended by strik24 ing ‘‘deported’’ each place it appears and inserting

25 ‘‘removed’’:
151

HR 2202 PCS

1 (A) Section 212(d)(7) (8 U.S.C.

2 1182(d)(7)).

3 (B) Section 214(d) (8 U.S.C. 1184(d)).

4 (C) Section 241(a) (8 U.S.C. 1251(a)), be5 fore redesignation as section 237 by section

6 305(a)(2).

7 (D) Section 242A(c)(2)(D)(iv) (8 U.S.C.

8 1252a(c)(2)(D)(iv)), as amended by section

9 851(b)(14) but before redesignation as section

10 238 by subsection (b)(5).

11 (E) Section 252(b) (8 U.S.C. 1282(b)).

12 (F) Section 254 (8 U.S.C. 1284).

13 (G) Subsections (b) and (c) of section 266

14 (8 U.S.C. 1306).

15 (H) Section 301(a)(1) of the Immigration

16 Act of 1990.

17 (I) Section 4113 of title 18, United States

18 Code.

19 (3) Section 101(g) (8 U.S.C. 1101(g)) is

20 amended by inserting ‘‘or removed’’ after ‘‘deported’’

21 each place it appears.

22 (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is

23 amended by striking ‘‘suspension of deportation’’

24 and inserting ‘‘cancellation of removal’’.
152

HR 2202 PCS

1 (5) Section 201(b)(1)(D) (8 U.S.C.

2 1151(b)(1)(D)) is amended by striking ‘‘deportation

3 is suspended’’ and inserting ‘‘removal is canceled’’.

4 (6) Section 212(l)(2)(B) (8 U.S.C.

5 1182(l)(2)(B)) is amended by striking ‘‘deportation

6 against’’ and inserting ‘‘removal of’’.

7 (7) Subsections (b)(2), (c)(2)(B), (c)(3)(D),

8 (c)(4)(A), and (d)(2)(C) of section 216 (8 U.S.C.

9 1186a) are each amended by striking ‘‘DEPORTA10 TION’’, ‘‘deportation’’, ‘‘deport’’, and ‘‘deported’’

11 each place each appears and inserting ‘‘REMOVAL’’,

12 ‘‘removal’’, ‘‘remove’’, and ‘‘removed’’, respectively.

13 (8) Subsections (b)(2), (c)(2)(B), (c)(3)(D),

14 and (d)(2)(C) of section 216A (8 U.S.C. 1186b) are

15 each amended by striking ‘‘DEPORTATION’’, ‘‘depor16 tation’’, ‘‘deport’’, and ‘‘deported’’ and inserting

17 ‘‘REMOVAL’’, ‘‘removal’’, ‘‘remove’’, and ‘‘removed’’,

18 respectively.

19 (9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is

20 amended by striking ‘‘deportation against’’ and in21 serting ‘‘removal of’’.

22 (10) Section 242A (8 U.S.C. 1252a), before re23 designation as section 238 by subsection (b)(6), is

24 amended, in the headings to various subdivisions, by
153

HR 2202 PCS

1 striking ‘‘DEPORTATION’’ and ‘‘DEPORTATION’’ and

2 inserting ‘‘REMOVAL’’ and ‘‘REMOVAL’’, respectively.

3 (11) Section 244A(a)(1)(A) (8 U.S.C.

4 1254a(a)(1)(A)), before redesignation as section 244

5 by subsection (b)(8), is amended—

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

7 ‘‘deport’’ and inserting ‘‘remove’’, and

8 (B) in subsection (e), by striking ‘‘SUS9 PENSION OF DEPORTATION’’ and inserting

10 ‘‘CANCELLATION OF REMOVAL’’.

11 (12) Section 254 (8 U.S.C. 1284) is amended

12 by striking ‘‘deport’’ each place it appears and in13 serting ‘‘remove’’.

14 (13) Section 273(d) (8 U.S.C. 1323(d)) is re15 pealed.

16 (14)(A) Section 276 (8 U.S.C. 1326) is amend17 ed by striking ‘‘DEPORTED’’ and inserting ‘‘RE18 MOVED’’.

19 (B) The item in the table of contents relating

20 to such section is amended by striking ‘‘deported’’

21 and inserting ‘‘removed’’.

22 (15) Section 318 (8 U.S.C. 1429) is amended

23 by striking ‘‘suspending’’ and inserting ‘‘canceling’’.
154

HR 2202 PCS

1 (16) Section 301(a) of the Immigration Act of

2 1990 is amended by striking ‘‘DEPORTATION’’ and

3 inserting ‘‘REMOVAL’’.

4 (17) The heading of section 130005 of the Vio5 lent Crime Control and Law Enforcement Act of

6 1994 (Public Law 103–322) is amended by striking

7 ‘‘DEPORTATION’’ and inserting ‘‘REMOVAL’’.

8 (18) Section 9 of the Peace Corps Act (22

9 U.S.C. 2508) is amended by striking ‘‘deported’’ and

10 all that follows through ‘‘Deportation’’ and inserting

11 ‘‘removed pursuant to chapter 4 of title II of the Im12 migration and Nationality Act’’.

13 (19) Section 8(c) of the Foreign Agents Reg14 istration Act (22 U.S.C. 618(c)) is amended by

15 striking ‘‘deportation’’ and all that follows and in16 serting ‘‘removal pursuant to chapter 4 of title II of

17 the Immigration and Nationality Act.’’.

18 (f) REVISION OF REFERENCES TO ENTRY.—

19 (1) The following provisions are amended by

20 striking ‘‘entry’’ and inserting ‘‘admission’’ each

21 place it appears:

22 (A) Section 101(a)(15)(K) (8 U.S.C.

23 1101(a)(15)(K)).

24 (B) Section 101(a)(30) (8 U.S.C.

25 1101(a)(30)).
155

HR 2202 PCS

1 (C) Section 212(a)(2)(D) (8 U.S.C.

2 1182(a)(2)(D)).

3 (D) Section 212(a)(6)(C)(i) (8 U.S.C.

4 1182(a)(6)(C)(i)).

5 (E) Section 212(h)(1)(A)(i) (8 U.S.C.

6 1182(h)(1)(A)(i)).

7 (F) Section 212(j)(1)(D) (8 U.S.C.

8 1182(j)(1)(D)).

9 (G) Section 214(c)(2)(A) (8 U.S.C.

10 1184(c)(2)(A)).

11 (H) Section 214(d) (8 U.S.C. 1184(d)).

12 (I) Section 216(b)(1)(A)(i) (8 U.S.C.

13 1186a(b)(1)(A)(i)).

14 (J) Section 216(d)(1)(A)(i)(III) (8 U.S.C.

15 1186a(d)(1)(A)(i)(III)).

16 (K) Subsection (b) of section 240 (8

17 U.S.C. 1230), before redesignation as section

18 240C by section 304(a)(2).

19 (L) Subsection (a)(1)(G) of section 241 (8

20 U.S.C. 1251), before redesignation as section

21 237 by section 305(a)(2).

22 (M) Subsection (a)(1)(H) of section 241 (8

23 U.S.C. 1251), before redesignation as section

24 237 by section 305(a)(2), other than the last

25 time it appears.
156

HR 2202 PCS

1 (N) Paragraphs (2) and (4) of subsection

2 (a) of section 241 (8 U.S.C. 1251), before re3 designation as section 237 by section 305(a)(2).

4 (O) Section 245(e)(3) (8 U.S.C.

5 1255(e)(3)).

6 (P) Section 247(a) (8 U.S.C. 1257(a)).

7 (Q) Section 601(c)(2) of the Immigration

8 Act of 1990.

9 (2) The following provisions are amended by

10 striking ‘‘enter’’ and inserting ‘‘be admitted’’:

11 (A) Section 204(e) (8 U.S.C. 1154(e)).

12 (B) Section 221(h) (8 U.S.C. 1201(h)).

13 (C) Section 245(e)(2) (8 U.S.C.

14 1255(e)(2)).

15 (3) The following provisions are amended by

16 striking ‘‘enters’’ and inserting ‘‘is admitted to’’:

17 (A) Section 212(j)(1)(D)(ii) (8 U.S.C.

18 1154(e)).

19 (B) Section 214(c)(5)(B) (8 U.S.C.

20 1184(c)(5)(B)).

21 (4) Subsection (a) of section 238 (8 U.S.C.

22 1228), before redesignation as section 233 by section

23 308(b)(4), is amended by striking ‘‘entry and inspec24 tion’’ and inserting ‘‘inspection and admission’’.
157

HR 2202 PCS

1 (5) Subsection (a)(1)(H)(ii) of section 241 (8

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

3 section 305(a)(2), is amended by striking ‘‘at

4 entry’’.

5 (6) Section 7 of the Central Intelligence Agency

6 Act of 1949 (50 U.S.C. 403h) is amended by strik7 ing ‘‘that the entry’’, ‘‘given entry into’’, and ‘‘enter8 ing’’ and inserting ‘‘that the admission’’, ‘‘admitted

9 to’’, and ‘‘admitted to’’.

10 (7) Section 4 of the Atomic Weapons and Spe11 cial Nuclear Materials Rewards Act (50 U.S.C. 47c)

12 is amended by striking ‘‘entry’’ and inserting ‘‘ad13 mission’’.

14 (g) CONFORMING REFERENCES TO REORGANIZED

15 SECTIONS.—

16 (1) REFERENCES TO SECTIONS 232, 234, 238,

17 239, 240, 241, 242A, AND 244A.—Any reference in law

18 in effect on the day before the date of the enactment

19 of this Act to section 232, 234, 238, 239, 240, 241,

20 242A, or 244A of the Immigration and Nationality

21 Act (or a subdivision of such section) is deemed, as

22 of the title III–A effective date, to refer to section

23 232(a), 232(b), 233, 234, 234A, 237, 238, or 244

24 of such Act (or the corresponding subdivision of

25 such section), as redesignated by this subtitle. Any
158

HR 2202 PCS

1 reference in law to section 241 (or a subdivision of

2 such section) of the Immigration and Nationality

3 Act in an amendment made by a subsequent subtitle

4 of this title is deemed a reference (as of the title

5 III–A effective date) to section 237 (or the cor6 responding subdivision of such section), as redesig7 nated by this subtitle.

8 (2) REFERENCES TO SECTION 106.—

9 (A) Sections 242A(b)(3) and

10 242A(c)(3)(A)(ii) (8 U.S.C. 1252a(b)(3),

11 1252a(c)(3)(A)(ii)), as amended by section

12 851(b)(14) but before redesignation as section

13 238 by subsection (b)(5), are each amended by

14 striking ‘‘106’’ and inserting ‘‘242’’.

15 (B) Sections 210(e)(3)(A) and

16 245A(f)(4)(A) (8 U.S.C. 1160(e)(3)(A),

17 1255a(f)(4)(A)) are amended by inserting ‘‘(as

18 in effect before October 1, 1996)’’ after ‘‘106’’.

19 (C) Section 242A(c)(3)(A)(iii) (8 U.S.C.

20 1252a(c)(3)(A)(iii)), as amended by section

21 851(b)(14) but before redesignation as section

22 238 by subsection (b)(5), is amended by strik23 ing ‘‘106(a)(1)’’ and inserting ‘‘242(b)(1)’’.

24 (3) REFERENCES TO SECTION 236.—
159

HR 2202 PCS

1 (A) Sections 205 and 209(a)(1) (8 U.S.C.

2 1155, 1159(a)(1)) are each amended by strik3 ing ‘‘236’’ and inserting ‘‘240’’.

4 (B) Section 4113(c) of title 18, United

5 States Code, is amended by striking ‘‘1226 of

6 title 8, United States Code’’ and inserting ‘‘240

7 of the Immigration and Nationality Act’’.

8 (4) REFERENCES TO SECTION 237.—

9 (A) Section 209(a)(1) (8 U.S.C.

10 1159(a)(1)) is amended by striking ‘‘237’’ and

11 inserting ‘‘241’’.

12 (B) Section 212(d)(7) (8 U.S.C.

13 1182(d)(7)) is amended by striking ‘‘237(a)’’

14 and inserting ‘‘241(c)’’.

15 (C) Section 280(a) (8 U.S.C. 1330(a)) is

16 amended by striking ‘‘237, 239, 243’’ and in17 serting ‘‘234, 243(c)(2)’’.

18 (5) REFERENCES TO SECTION 242.—

19 (A)(i) Sections 214(d), 252(b), and

20 287(f)(1) (8 U.S.C. 1184(d), 1282(b),

21 1357(f)(1)) are each amended by striking

22 ‘‘242’’ and inserting ‘‘240’’.

23 (ii) Subsection (c)(4) of section 242A (8

24 U.S.C. 1252a), as amended by section

25 851(b)(14) but before redesignation as section
160

HR 2202 PCS

1 238 by subsection (b)(5), are each amended by

2 striking ‘‘242’’ and inserting ‘‘240’’.

3 (iii) Section 245A(a)(1)(B) (8 U.S.C.

4 1255a(a)(1)(B)) is amended by inserting ‘‘(as

5 in effect before October 1, 1996)’’ after ‘‘242’’.

6 (iv) Section 4113 of title 18, United States

7 Code, is amended—

8 (I) in subsection (a), by striking ‘‘sec9 tion 1252(b) or section 1254(e) of title 8,

10 United States Code,’’ and inserting ‘‘sec11 tion 240B of the Immigration and Nation12 ality Act’’; and

13 (II) in subsection (b), by striking

14 ‘‘section 1252 of title 8, United States

15 Code,’’ and inserting ‘‘section 240 of the

16 Immigration and Nationality Act’’.

17 (B) Section 130002(a) of Public Law 103–

18 322, as amended by section 361(a), is amended

19 by striking ‘‘242(a)(3)(A)’’ and inserting

20 ‘‘236(d)’’.

21 (C) Section 242A(b)(1) (8 U.S.C.

22 1252a(b)(1)), before redesignation as section

23 238 by section 308(b)(5), is amended by strik24 ing ‘‘242(b)’’ and inserting ‘‘240’’.
161

HR 2202 PCS

1 (D) Section 242A(c)(2)(D)(ii) (8 U.S.C.

2 1252a(c)(2)(D)(ii)), as amended by section

3 851(b)(14) but before redesignation as section

4 238 by subsection (b)(5), is amended by strik5 ing ‘‘242(b)’’ and inserting ‘‘240’’.

6 (E) Section 1821(e) of title 28, United

7 States Code, is amended by striking ‘‘242(b)’’

8 and inserting ‘‘240’’.

9 (F) Section 130007(a) of Public Law 103–

10 322 is amended by striking ‘‘242(i)’’ and in11 serting ‘‘239(d)’’.

12 (G) Section 20301(c) of Public Law 103–

13 322 is amended by striking ‘‘242(j)(5)’’ and

14 ‘‘242(j)’’ and inserting ‘‘241(h)(5)’’ and

15 ‘‘241(h)’’, respectively.

16 (6) REFERENCES TO SECTION 242B.—

17 (A) Section 303(d)(2) of the Immigration

18 Act of 1990 is amended by striking ‘‘242B’’

19 and inserting ‘‘240(b)(5)’’.

20 (B) Section 545(g)(1)(B) of the Immigra21 tion Act of 1990 is amended by striking

22 ‘‘242B(a)(4)’’ and inserting ‘‘239(a)(4)’’.

23 (7) REFERENCES TO SECTION 243.—
162

HR 2202 PCS

1 (A) Section 214(d) (8 U.S.C. 1184(d)) is

2 amended by striking ‘‘243’’ and inserting

3 ‘‘241’’.

4 (B)(i) Section 315(c) of the Immigration

5 Reform and Control Act of 1986 is amended by

6 striking ‘‘243(g)’’ and ‘‘1253(g)’’and inserting

7 ‘‘243(d)’’ and ‘‘1253(d)’’ respectively.

8 (ii) Section 702(b) of the Departments of

9 Commerce, Justice, and State, the Judiciary,

10 and Related Agencies Appropriations Act, 1988

11 is amended by striking ‘‘243(g)’’ and inserting

12 ‘‘243(d)’’.

13 (iii) Section 903(b) of Public Law 100–204

14 is amended by striking ‘‘243(g)’’ and inserting

15 ‘‘243(d)’’.

16 (C)(i) Section 6(f)(2)(F) of the Food

17 Stamp Act of 1977 (7 U.S.C. 2015(f)(2)(F)) is

18 amended by striking ‘‘243(h)’’ and inserting

19 ‘‘241(b)(3)’’.

20 (ii) Section 214(a)(5) of the Housing and

21 Community Development Act of 1980 (42

22 U.S.C. 1436a(a)(5)) is amended by striking

23 ‘‘243(h)’’ and inserting ‘‘241(b)(3)’’.

24 (D)(i) Subsection (c)(2)(B)(ii) of section

25 244A (8 U.S.C. 1254a), before redesignated as
163

HR 2202 PCS

1 section 244 by section 308(b)(7), is amended by

2 striking ‘‘243(h)(2)’’ and inserting

3 ‘‘208(b)(2)(A)’’.

4 (ii) Section 301(e)(2) of the Immigration

5 Act of 1990 is amended by striking

6 ‘‘243(h)(2)’’ and inserting ‘‘208(b)(2)(A)’’.

7 (E) Section 316(f) (8 U.S.C. 1427(f)) is

8 amended by striking ‘‘subparagraphs (A)

9 through (D) of paragraph 243(h)(2)’’ and in10 serting ‘‘clauses (i) through (v) of section

11 208(b)(2)(A)’’.

12 (8) REFERENCES TO SECTION 244.—

13 (A)(i) Section 201(b)(1)(D) (8 U.S.C.

14 1151(b)(1)(D)) and subsection (e) of section

15 244A (8 U.S.C. 1254a), before redesignation as

16 section 244 by section 308(b)(7), are each

17 amended by striking ‘‘244(a)’’ and inserting

18 ‘‘240A(a)’’.

19 (ii) Section 304(c)(1)(B) of the Miscellane20 ous and Technical Immigration and Naturaliza21 tion Amendments of 1991 (Public Law 102–

22 232) is amended by striking ‘‘244(a)’’ and in23 serting ‘‘240A(a)’’.

24 (B) Section 304(c)(1)(B) of the Mis25 cellaneous and Technical Immigration and Nat-
164

HR 2202 PCS

1 uralization Amendments of 1991 (Public Law

2 102–232) is amended by striking ‘‘244(b)(2)’’

3 and inserting ‘‘240A(b)(2)’’.

4 (C) Section 364(a)(2) of this Act is

5 amended by striking ‘‘244(a)(3)’’ and inserting

6 ‘‘240A(a)(3)’’.

7 (9) REFERENCES TO CHAPTER 5.—

8 (A) Sections 266(b), 266(c), and 291 (8

9 U.S.C. 1306(b), 1306(c), 1361) are each

10 amended by striking ‘‘chapter 5’’ and inserting

11 ‘‘chapter 4’’.

12 (B) Section 6(b) of the Act of August 1,

13 1956 (50 U.S.C. 855(b)) is amended by strik14 ing ‘‘chapter 5, title II, of the Immigration and

15 Nationality Act (66 Stat. 163)’’ and inserting

16 ‘‘chapter 4 of title II of the Immigration and

17 Nationality Act’’.

18 (10) MISCELLANEOUS CROSS-REFERENCE COR19 RECTIONS FOR NEWLY ADDED PROVISIONS.—

20 (A) Section 245(c)(6), as amended by sec21 tion 332(d), is amended by striking

22 ‘‘241(a)(4)(B)’’ and inserting ‘‘237(a)(4)(B)’’.

23 (B) Section 249(d), as amended by section

24 332(e), is amended by striking ‘‘241(a)(4)(B)’’

25 and inserting ‘‘237(a)(4)(B)’’.
165

HR 2202 PCS

1 (C) Section 276(b)(3), as inserted by sec2 tion 321(b), is amended by striking ‘‘excluded’’

3 and ‘‘excludable’’ and inserting ‘‘removed’’ and

4 ‘‘inadmissible’’, respectively.

5 (D) Section 505(c)(7), as added by section

6 321(a)(1), is amended by amending subpara7 graphs (B) through (D) to read as follows:

8 ‘‘(B) Withholding of removal under section

9 241(b)(3).

10 ‘‘(C) Cancellation of removal under section

11 240A.

12 ‘‘(D) Voluntary departure under section

13 240B.’’.

14 (E) Section 506(b)(2)(B), as added by sec15 tion 321(a)(1), is amended by striking ‘‘depor16 tation’’ and inserting ‘‘removal’’.

17 (F) Section 508(c)(2)(D), as added by sec18 tion 321(a)(1), is amended by striking ‘‘exclu19 sion because such alien is excludable’’ and in20 serting ‘‘removal because such alien is inadmis21 sible’’.

22 (G) Section 130007(a) of the Violent

23 Crime Control and Law Enforcement Act of

24 1994 (Public Law 103–322), as amended by
166

HR 2202 PCS

1 section 851(a)(6), is amended by striking

2 ‘‘242A(a)(3)’’ and inserting ‘‘238(a)(3)’’.

3 (H) Section 212(h), as amended by section

4 301(h), is amended by striking ‘‘section 212(c)’’

5 and inserting ‘‘paragraphs (1) and (2) of sec6 tion 240A(a)’’.

7 SEC. 309. EFFECTIVE DATES; TRANSITION.

8 (a) IN GENERAL.—Except as provided in this section

9 and sections 301(f), 301(h), or 306(c), this subtitle and

10 the amendments made by this subtitle shall take effect on

11 the first day of the first month beginning more than 180

12 days after the date of the enactment of this Act (in this

13 title referred to as the ‘‘title III–A effective date’’).

14 (b) PROMULGATION OF REGULATIONS.—The Attor15 ney General shall first promulgate regulations to carry out

16 this subtitle by not later than 30 days before the title III–

17 A effective date.

18 (c) TRANSITION FOR ALIENS IN PROCEEDINGS.—

19 (1) GENERAL RULE THAT NEW RULES DO NOT

20 APPLY.—Subject to the succeeding provisions of this

21 subsection, in the case of an alien who is in exclu22 sion or deportation proceedings as of the title III–

23 A effective date—

24 (A) the amendments made by this subtitle

25 shall not apply, and
167

HR 2202 PCS

1 (B) the proceedings (including judicial re2 view thereof) shall continue to be conducted

3 without regard to such amendments.

4 (2) ATTORNEY GENERAL OPTION TO ELECT TO

5 APPLY NEW PROCEDURES.—In a case described in

6 paragraph (1) in which an evidentiary hearing under

7 section 236 or 242 and 242B of the Immigration

8 and Nationality Act has not commenced as of the

9 title III–A effective date, the Attorney General may

10 elect to proceed under chapter 4 of title II of such

11 Act (as amended by this subtitle). The Attorney

12 General shall provide notice of such election to the

13 alien involved not later than 30 days before the date

14 any evidentiary hearing is commenced. If the Attor15 ney General makes such election, the notice of hear16 ing provided to the alien under section 235 or

17 242(a) of such Act shall be valid as if provided

18 under section 239 of such Act (as amended by this

19 subtitle) to confer jurisdiction on the immigration

20 judge.

21 (3) ATTORNEY GENERAL OPTION TO TERMI22 NATE AND REINITIATE PROCEEDINGS.—In the case

23 described in paragraph (1), the Attorney General

24 may elect to terminate proceedings in which there

25 has not been a final administrative decision and to
168

HR 2202 PCS

1 reinitiate proceedings under chapter 4 of title II the

2 Immigration and Nationality Act (as amended by

3 this subtitle). Any determination in the terminated

4 proceeding shall not be binding in the reinitiated

5 proceeding.

6 (4) TRANSITIONAL CHANGES IN JUDICIAL RE7 VIEW.—In the case described in paragraph (1) in

8 which a final order of exclusion or deportation is en9 tered more than 30 days after the date of the enact10 ment of this Act, notwithstanding any provision of

11 section 106 of the Immigration and Nationality Act

12 (as in effect as of the date of the enactment of this

13 Act) to the contrary—

14 (A) in the case of judicial review of a final

15 order of exclusion, subsection (b) of such sec16 tion shall not apply and the action for judicial

17 review shall be governed by the provisions of

18 subsections (a) and (c) of such in the same

19 manner as they apply to judicial review of or20 ders of deportation;

21 (B) a court may not order the taking of

22 additional evidence under section 2347(c) of

23 title 28, United States Code;
169

HR 2202 PCS

1 (C) the petition for judicial review must be

2 filed not later than 30 days after the date of

3 the final order of exclusion or deportation; and

4 (D) the petition for review shall be filed

5 with the court of appeals for the judicial circuit

6 in which the administrative proceedings before

7 the special inquiry officer or immigration judge

8 were completed.

9 (5) TRANSITIONAL RULE WITH REGARD TO

10 SUSPENSION OF DEPORTATION.—Paragraphs (1)

11 and (2) of section 240A(d) of the Immigration and

12 Nationality Act (relating to continuous residence or

13 physical presence) shall apply to notices to appear

14 issued after the date of the enactment of this Act.

15 (6) TRANSITION FOR CERTAIN FAMILY UNITY

16 ALIENS.—The Attorney General may waive the ap17 plication of section 212(a)(9) of the Immigration

18 and Nationality Act, as inserted by section

19 301(b)(1), in the case of an alien who is provided

20 benefits under the provisions of section 301 of the

21 Immigration Act of 1990 (relating to family unity).

22 (7) LIMITATION ON SUSPENSION OF DEPORTA23 TION.—The Attorney General may not suspend the

24 deportation and adjust the status under section 244

25 of the Immigration and Nationality Act of more
170

HR 2202 PCS

1 than 4,000 aliens in any fiscal year (beginning after

2 the date of the enactment of this Act). The previous

3 sentence shall apply regardless of when an alien ap4 plied for such suspension and adjustment.

5 (d) TRANSITIONAL REFERENCES.—For purposes of

6 carrying out the Immigration and Nationality Act, as

7 amended by this subtitle—

8 (1) any reference in section 212(a)(1)(A) of

9 such Act to the term ‘‘inadmissible’’ is deemed to in10 clude a reference to the term ‘‘excludable’’, and

11 (2) any reference in law to an order of removal

12 shall be deemed to include a reference to an order

13 of exclusion and deportation or an order of deporta14 tion.

15 (e) TRANSITION.—No period of time before the date

16 of the enactment of this Act shall be included in the period

17 of 1 year described in section 212(a)(6)(B)(i) of the Immi18 gration and Nationality Act (as amended by section

19 301(c)).
171

HR 2202 PCS

1 Subtitle B—Removal of Alien

2 Terrorists

3 PART 1—REMOVAL PROCEDURES FOR ALIEN

4 TERRORISTS

5 SEC. 321. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

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

7 Act is amended—

8 (1) by adding at the end of the table of con9 tents the following:

‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

‘‘Sec. 501. Definitions.

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

with classified information.

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

‘‘Sec. 504. Consideration of application.

‘‘Sec. 505. Requiring Congressional review of world-wide levels every 5 years.

‘‘Sec. 506. Consideration of classified information.

‘‘Sec. 507. Appeals.

‘‘Sec. 508. Detention and custody.’’,

10 and

11 (2) by adding at the end the following new title:

12 ‘‘TITLE V—SPECIAL REMOVAL PROCEDURES

13 FOR ALIEN TERRORISTS

14 ‘‘DEFINITIONS

15 ‘‘SEC. 501. In this title:

16 ‘‘(1) The term ‘alien terrorist’ means an alien

17 described in section 241(a)(4)(B).

18 ‘‘(2) The term ‘classified information’ has the

19 meaning given such term in section 1(a) of the Clas20 sified Information Procedures Act (18 U.S.C. App.).
172

HR 2202 PCS

1 ‘‘(3) The term ‘national security’ has the mean2 ing given such term in section 1(b) of the Classified

3 Information Procedures Act (18 U.S.C. App.).

4 ‘‘(4) The term ‘special attorney’ means an at5 torney who is on the panel established under section

6 502(e).

7 ‘‘(5) The term ‘special removal court’ means

8 the court established under section 502(a).

9 ‘‘(6) The term ‘special removal hearing’ means

10 a hearing under section 505.

11 ‘‘(7) The term ‘special removal proceeding’

12 means a proceeding under this title.

13 ‘‘ESTABLISHMENT OF SPECIAL REMOVAL COURT; PANEL

14 OF ATTORNEYS TO ASSIST WITH CLASSIFIED INFOR15 MATION

16 ‘‘SEC. 502. (a) IN GENERAL.—The Chief Justice of

17 the United States shall publicly designate 5 district court

18 judges from 5 of the United States judicial circuits who

19 shall constitute a court which shall have jurisdiction to

20 conduct all special removal proceedings.

21 ‘‘(b) TERMS.—Each judge designated under sub22 section (a) shall serve for a term of 5 years and shall be

23 eligible for redesignation, except that the four associate

24 judges first so designated shall be designated for terms

25 of one, two, three, and four years so that the term of one

26 judge shall expire each year.
173

HR 2202 PCS

1 ‘‘(c) CHIEF JUDGE.—The Chief Justice shall publicly

2 designate one of the judges of the special removal court

3 to be the chief judge of the court. The chief judge shall

4 promulgate rules to facilitate the functioning of the court

5 and shall be responsible for assigning the consideration

6 of cases to the various judges.

7 ‘‘(d) EXPEDITIOUS AND CONFIDENTIAL NATURE OF

8 PROCEEDINGS.—The provisions of section 103(c) of the

9 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

10 1803(c)) shall apply to proceedings under this title in the

11 same manner as they apply to proceedings under such Act.

12 ‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL AT13 TORNEYS.—The special removal court shall provide for the

14 designation of a panel of attorneys each of whom—

15 ‘‘(1) has a security clearance which affords the

16 attorney access to classified information, and

17 ‘‘(2) has agreed to represent permanent resi18 dent aliens with respect to classified information

19 under section 506 in accordance with (and subject to

20 the penalties under) this title.

21 ‘‘APPLICATION FOR INITIATION OF SPECIAL REMOVAL

22 PROCEEDING

23 ‘‘SEC. 503. (a) IN GENERAL.—Whenever the Attor24 ney General has classified information that an alien is an

25 alien terrorist, the Attorney General, in the Attorney Gen26 eral’s discretion, may seek removal of the alien under this
174

HR 2202 PCS

1 title through the filing of a written application described

2 in subsection (b) with the special removal court seeking

3 an order authorizing a special removal proceeding under

4 this title. The application shall be submitted in camera

5 and ex parte and shall be filed under seal with the court.

6 ‘‘(b) CONTENTS OF APPLICATION.—Each application

7 for a special removal proceeding shall include all of the

8 following:

9 ‘‘(1) The identity of the Department of Justice

10 attorney making the application.

11 ‘‘(2) The approval of the Attorney General or

12 the Deputy Attorney General for the filing of the ap13 plication based upon a finding by that individual

14 that the application satisfies the criteria and re15 quirements of this title.

16 ‘‘(3) The identity of the alien for whom author17 ization for the special removal proceedings is sought.

18 ‘‘(4) A statement of the facts and cir19 cumstances relied on by the Department of Justice

20 to establish that—

21 ‘‘(A) the alien is an alien terrorist and is

22 physically present in the United States, and

23 ‘‘(B) with respect to such alien, adherence

24 to the provisions of title II regarding the re-
175

HR 2202 PCS

1 moval of aliens would pose a risk to the na2 tional security of the United States.

3 ‘‘(5) An oath or affirmation respecting each of

4 the facts and statements described in the previous

5 paragraphs.

6 ‘‘(c) RIGHT TO DISMISS.—The Department of Jus7 tice retains the right to dismiss a removal action under

8 this title at any stage of the proceeding.

9 ‘‘CONSIDERATION OF APPLICATION

10 ‘‘SEC. 504. (a) IN GENERAL.—In the case of an ap11 plication under section 503 to the special removal court,

12 a single judge of the court shall be assigned to consider

13 the application. The judge, in accordance with the rules

14 of the court, shall consider the application and may con15 sider other information, including classified information,

16 presented under oath or affirmation. The judge shall con17 sider the application (and any hearing thereof) in camera

18 and ex parte. A verbatim record shall be maintained of

19 any such hearing.

20 ‘‘(b) APPROVAL OF ORDER.—The judge shall enter

21 ex parte the order requested in the application if the judge

22 finds, on the basis of such application and such other in23 formation (if any), that there is probable cause to believe

24 that—
176

HR 2202 PCS

1 ‘‘(1) the alien who is the subject of the applica2 tion has been correctly identified and is an alien ter3 rorist, and

4 ‘‘(2) adherence to the provisions of title II re5 garding the removal of the identified alien would

6 pose a risk to the national security of the United

7 States.

8 ‘‘(c) DENIAL OF ORDER.—If the judge denies the

9 order requested in the application, the judge shall prepare

10 a written statement of the judge’s reasons for the denial.

11 ‘‘(d) EXCLUSIVE PROVISIONS.—Whenever an order is

12 issued under this section with respect to an alien—

13 ‘‘(1) the alien’s rights regarding removal and

14 expulsion shall be governed solely by the provisions

15 of this title, and

16 ‘‘(2) except as they are specifically referenced,

17 no other provisions of this Act shall be applicable.

18 ‘‘SPECIAL REMOVAL HEARINGS

19 ‘‘SEC. 505. (a) IN GENERAL.—In any case in which

20 the application for the order is approved under section

21 504, a special removal hearing shall be conducted under

22 this section for the purpose of determining whether the

23 alien to whom the order pertains should be removed from

24 the United States on the grounds that the alien is an alien

25 terrorist. Consistent with section 506, the alien shall be

26 given reasonable notice of the nature of the charges
177

HR 2202 PCS

1 against the alien and a general account of the basis for

2 the charges. The alien shall be given notice, reasonable

3 under all the circumstances, of the time and place at which

4 the hearing will be held. The hearing shall be held as expe5 ditiously as possible.

6 ‘‘(b) USE OF SAME JUDGE.—The special removal

7 hearing shall be held before the same judge who granted

8 the order pursuant to section 504 unless that judge is

9 deemed unavailable due to illness or disability by the chief

10 judge of the special removal court, or has died, in which

11 case the chief judge shall assign another judge to conduct

12 the special removal hearing. A decision by the chief judge

13 pursuant to the preceding sentence shall not be subject

14 to review by either the alien or the Department of Justice.

15 ‘‘(c) RIGHTS IN HEARING.—

16 ‘‘(1) PUBLIC HEARING.—The special removal

17 hearing shall be open to the public.

18 ‘‘(2) RIGHT OF COUNSEL.—The alien shall have

19 a right to be present at such hearing and to be rep20 resented by counsel. Any alien financially unable to

21 obtain counsel shall be entitled to have counsel as22 signed to represent the alien. Such counsel shall be

23 appointed by the judge pursuant to the plan for fur24 nishing representation for any person financially un25 able to obtain adequate representation for the dis-
178

HR 2202 PCS

1 trict in which the hearing is conducted, as provided

2 for in section 3006A of title 18, United States Code.

3 All provisions of that section shall apply and, for

4 purposes of determining the maximum amount of

5 compensation, the matter shall be treated as if a fel6 ony was charged.

7 ‘‘(3) INTRODUCTION OF EVIDENCE.—The alien

8 shall have a right to introduce evidence on the

9 alien’s own behalf.

10 ‘‘(4) EXAMINATION OF WITNESSES.—Except as

11 provided in section 506, the alien shall have a rea12 sonable opportunity to examine the evidence against

13 the alien and to cross-examine any witness.

14 ‘‘(5) RECORD.—A verbatim record of the pro15 ceedings and of all testimony and evidence offered or

16 produced at such a hearing shall be kept.

17 ‘‘(6) DECISION BASED ON EVIDENCE AT HEAR18 ING.—The decision of the judge in the hearing shall

19 be based only on the evidence introduced at the

20 hearing, including evidence introduced under sub21 section (e).

22 ‘‘(7) NO RIGHT TO ANCILLARY RELIEF.—In the

23 hearing, the judge is not authorized to consider or

24 provide for relief from removal based on any of the

25 following:
179

HR 2202 PCS

1 ‘‘(A) Asylum under section 208.

2 ‘‘(B) Withholding of deportation under sec3 tion 243(h).

4 ‘‘(C) Suspension of deportation under sec5 tion 244(a).

6 ‘‘(D) Voluntary departure under section

7 244(e).

8 ‘‘(E) Adjustment of status under section

9 245.

10 ‘‘(F) Registry under section 249.

11 ‘‘(d) SUBPOENAS.—

12 ‘‘(1) REQUEST.—At any time prior to the con13 clusion of the special removal hearing, either the

14 alien or the Department of Justice may request the

15 judge to issue a subpoena for the presence of a

16 named witness (which subpoena may also command

17 the person to whom it is directed to produce books,

18 papers, documents, or other objects designated

19 therein) upon a satisfactory showing that the pres20 ence of the witness is necessary for the determina21 tion of any material matter. Such a request may be

22 made ex parte except that the judge shall inform the

23 Department of Justice of any request for a subpoena

24 by the alien for a witness or material if compliance

25 with such a subpoena would reveal evidence or the
180

HR 2202 PCS

1 source of evidence which has been introduced, or

2 which the Department of Justice has received per3 mission to introduce, in camera and ex parte pursu4 ant to subsection (e) and section 506, and the De5 partment of Justice shall be given a reasonable op6 portunity to oppose the issuance of such a subpoena.

7 ‘‘(2) PAYMENT FOR ATTENDANCE.—If an appli8 cation for a subpoena by the alien also makes a

9 showing that the alien is financially unable to pay

10 for the attendance of a witness so requested, the

11 court may order the costs incurred by the process

12 and the fees of the witness so subpoenaed to be paid

13 from funds appropriated for the enforcement of title

14 II.

15 ‘‘(3) NATIONWIDE SERVICE.—A subpoena

16 under this subsection may be served anywhere in the

17 United States.

18 ‘‘(4) WITNESS FEES.—A witness subpoenaed

19 under this subsection shall receive the same fees and

20 expenses as a witness subpoenaed in connection with

21 a civil proceeding in a court of the United States.

22 ‘‘(5) NO ACCESS TO CLASSIFIED INFORMA23 TION.—Nothing in this subsection is intended to

24 allow an alien to have access to classified informa25 tion.
181

HR 2202 PCS

1 ‘‘(e) INTRODUCTION OF CLASSIFIED INFORMA2 TION.—

3 ‘‘(1) IN GENERAL.—When classified informa4 tion has been summarized pursuant to section

5 506(b) or where a finding has been made under sec6 tion 506(b)(5) that no summary is possible, classi7 fied information shall be introduced (either in writ8 ing or through testimony) in camera and ex parte

9 and neither the alien nor the public shall be in10 formed of such evidence or its sources other than

11 through reference to the summary provided pursuant

12 to such section. Notwithstanding the previous sen13 tence, the Department of Justice may, in its discre14 tion and, in the case of classified information, after

15 coordination with the originating agency, elect to in16 troduce such evidence in open session.

17 ‘‘(2) TREATMENT OF ELECTRONIC SURVEIL18 LANCE INFORMATION.—

19 ‘‘(A) USE OF ELECTRONIC SURVEIL20 LANCE.—The Government is authorized to use

21 in a special removal proceedings the fruits of

22 electronic surveillance and unconsented physical

23 searches authorized under the Foreign Intel24 ligence Surveillance Act of 1978 (50 U.S.C.
182

HR 2202 PCS

1 1801 et seq.) without regard to subsections (c),

2 (e), (f), (g), and (h) of section 106 of that Act.

3 ‘‘(B) NO DISCOVERY OF ELECTRONIC SUR4 VEILLANCE INFORMATION.—An alien subject to

5 removal under this title shall have no right of

6 discovery of information derived from electronic

7 surveillance authorized under the Foreign Intel8 ligence Surveillance Act of 1978 or otherwise

9 for national security purposes. Nor shall such

10 alien have the right to seek suppression of evi11 dence.

12 ‘‘(C) CERTAIN PROCEDURES NOT APPLICA13 BLE.—The provisions and requirements of sec14 tion 3504 of title 18, United States Code, shall

15 not apply to procedures under this title.

16 ‘‘(3) RIGHTS OF UNITED STATES.—Nothing in

17 this section shall prevent the United States from

18 seeking protective orders and from asserting privi19 leges ordinarily available to the United States to

20 protect against the disclosure of classified informa21 tion, including the invocation of the military and

22 state secrets privileges.

23 ‘‘(f) INCLUSION OF CERTAIN EVIDENCE.—The Fed24 eral Rules of Evidence shall not apply to hearings under

25 this section. Evidence introduced at the special removal
183

HR 2202 PCS

1 hearing, either in open session or in camera and ex parte,

2 may, in the discretion of the Department of Justice, in3 clude all or part of the information presented under sec4 tion 504 used to obtain the order for the hearing under

5 this section.

6 ‘‘(g) ARGUMENTS.—Following the receipt of evi7 dence, the attorneys for the Department of Justice and

8 for the alien shall be given fair opportunity to present ar9 gument as to whether the evidence is sufficient to justify

10 the removal of the alien. The attorney for the Department

11 of Justice shall open the argument. The attorney for the

12 alien shall be permitted to reply. The attorney for the De13 partment of Justice shall then be permitted to reply in

14 rebuttal. The judge may allow any part of the argument

15 that refers to evidence received in camera and ex parte

16 to be heard in camera and ex parte.

17 ‘‘(h) BURDEN OF PROOF.—In the hearing the De18 partment of Justice has the burden of showing by clear

19 and convincing evidence that the alien is subject to re20 moval because the alien is an alien terrorist. If the judge

21 finds that the Department of Justice has met this burden,

22 the judge shall order the alien removed and detained pend23 ing removal from the United States. If the alien was re24 leased pending the special removal hearing, the judge shall

25 order the Attorney General to take the alien into custody.
184

HR 2202 PCS

1 ‘‘(i) WRITTEN ORDER.—At the time of rendering a

2 decision as to whether the alien shall be removed, the

3 judge shall prepare a written order containing a statement

4 of facts found and conclusions of law. Any portion of the

5 order that would reveal the substance or source of infor6 mation received in camera and ex parte pursuant to sub7 section (e) shall not be made available to the alien or the

8 public.

9 ‘‘CONSIDERATION OF CLASSIFIED INFORMATION

10 ‘‘SEC. 506. (a) CONSIDERATION IN CAMERA AND EX

11 PARTE.—In any case in which the application for the

12 order authorizing the special procedures of this title is ap13 proved, the judge who granted the order shall consider

14 each item of classified information the Department of Jus15 tice proposes to introduce in camera and ex parte at the

16 special removal hearing and shall order the introduction

17 of such information pursuant to section 505(e) if the judge

18 determines the information to be relevant.

19 ‘‘(b) PREPARATION AND PROVISION OF WRITTEN

20 SUMMARY.—

21 ‘‘(1) PREPARATION.—The Department of Jus22 tice shall prepare a written summary of such classi23 fied information which does not pose a risk to na24 tional security.

25 ‘‘(2) CONDITIONS FOR APPROVAL BY JUDGE

26 AND PROVISION TO ALIEN.—The judge shall approve
185

HR 2202 PCS

1 the summary so long as the judge finds that the

2 summary is sufficient—

3 ‘‘(A) to inform the alien of the general na4 ture of the evidence that the alien is an alien

5 terrorist, and

6 ‘‘(B) to permit the alien to prepare a de7 fense against deportation.

8 The Department of Justice shall cause to be deliv9 ered to the alien a copy of the summary.

10 ‘‘(3) OPPORTUNITY FOR CORRECTION AND

11 RESUBMITTAL.—If the judge does not approve the

12 summary, the judge shall provide the Department a

13 reasonable opportunity to correct the deficiencies

14 identified by the court and to submit a revised sum15 mary.

16 ‘‘(4) CONDITIONS FOR TERMINATION OF PRO17 CEEDINGS IF SUMMARY NOT APPROVED.—

18 ‘‘(A) IN GENERAL.—If, subsequent to the

19 opportunity described in paragraph (3), the

20 judge does not approve the summary, the judge

21 shall terminate the special removal hearing un22 less the judge makes the findings described in

23 subparagraph (B).
186

HR 2202 PCS

1 ‘‘(B) FINDINGS.—The findings described

2 in this subparagraph are, with respect to an

3 alien, that—

4 ‘‘(i) the continued presence of the

5 alien in the United States would likely

6 cause serious and irreparable harm to the

7 national security or death or serious bodily

8 injury to any person, and

9 ‘‘(ii) the provision of the required

10 summary would likely cause serious and ir11 reparable harm to the national security or

12 death or serious bodily injury to any per13 son.

14 ‘‘(5) CONTINUATION OF HEARING WITHOUT

15 SUMMARY.—If a judge makes the findings described

16 in paragraph (4)(B)—

17 ‘‘(A) if the alien involved is an alien law18 fully admitted for permanent residence, the pro19 cedures described in subsection (c) shall apply;

20 and

21 ‘‘(B) in all cases the special removal hear22 ing shall continue, the Department of Justice

23 shall cause to be delivered to the alien a state24 ment that no summary is possible, and the clas-
187

HR 2202 PCS

1 sified information submitted in camera and ex

2 parte may be used pursuant to section 505(e).

3 ‘‘(c) SPECIAL PROCEDURES FOR ACCESS AND CHAL4 LENGES TO CLASSIFIED INFORMATION BY SPECIAL AT5 TORNEYS IN CASE OF LAWFUL PERMANENT ALIENS.—

6 ‘‘(1) IN GENERAL.—The procedures described

7 in this subsection are that the judge (under rules of

8 the special removal court) shall designate a special

9 attorney to assist the alien—

10 ‘‘(A) by reviewing in camera the classified

11 information on behalf of the alien, and

12 ‘‘(B) by challenging through an in camera

13 proceeding the veracity of the evidence con14 tained in the classified information.

15 ‘‘(2) RESTRICTIONS ON DISCLOSURE.—A spe16 cial attorney receiving classified information under

17 paragraph (1)—

18 ‘‘(A) shall not disclose the information to

19 the alien or to any other attorney representing

20 the alien, and

21 ‘‘(B) who discloses such information in vio22 lation of subparagraph (A) shall be subject to

23 a fine under title 18, United States Code, im24 prisoned for not less than 10 years nor more

25 than 25 years, or both.
188

HR 2202 PCS

1 ‘‘APPEALS

2 ‘‘SEC. 507. (a) APPEALS OF DENIALS OF APPLICA3 TIONS FOR ORDERS.—The Department of Justice may

4 seek a review of the denial of an order sought in an appli5 cation by the United States Court of Appeals for the Dis6 trict of Columbia Circuit by notice of appeal which must

7 be filed within 20 days after the date of such denial. In

8 such a case the entire record of the proceeding shall be

9 transmitted to the Court of Appeals under seal and the

10 Court of Appeals shall hear the matter ex parte. In such

11 a case the Court of Appeals shall review questions of law

12 de novo, but a prior finding on any question of fact shall

13 not be set aside unless such finding was clearly erroneous.

14 ‘‘(b) APPEALS OF DETERMINATIONS ABOUT SUM15 MARIES OF CLASSIFIED INFORMATION.—Either party

16 may take an interlocutory appeal to the United States

17 Court of Appeals for the District of Columbia Circuit of—

18 ‘‘(1) any determination by the judge pursuant

19 to section 506(a)—

20 ‘‘(A) concerning whether an item of evi21 dence may be introduced in camera and ex

22 parte, or

23 ‘‘(B) concerning the contents of any sum24 mary of evidence to be introduced in camera
189

HR 2202 PCS

1 and ex parte prepared pursuant to section

2 506(b); or

3 ‘‘(2) the refusal of the court to make the find4 ings permitted by section 506(b)(4)(B).

5 In any interlocutory appeal taken pursuant to this sub6 section, the entire record, including any proposed order

7 of the judge or summary of evidence, shall be transmitted

8 to the Court of Appeals under seal and the matter shall

9 be heard ex parte.

10 ‘‘(c) APPEALS OF DECISION IN HEARING.—

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

12 the decision of the judge after a special removal

13 hearing may be appealed by either the alien or the

14 Department of Justice to the United States Court of

15 Appeals for the District of Columbia Circuit by no16 tice of appeal.

17 ‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA18 NENT RESIDENT ALIENS IN WHICH NO SUMMARY

19 PROVIDED.—

20 ‘‘(A) IN GENERAL.—Unless the alien

21 waives the right to a review under this para22 graph, in any case involving an alien lawfully

23 admitted for permanent residence who is denied

24 a written summary of classified information

25 under section 506(b)(4) and with respect to
190

HR 2202 PCS

1 which the procedures described in section

2 506(c) apply, any order issued by the judge

3 shall be reviewed by the Court of Appeals for

4 the District of Columbia Circuit.

5 ‘‘(B) USE OF SPECIAL ATTORNEY.—With

6 respect to any issue relating to classified infor7 mation that arises in such review, the alien

8 shall be represented only by the special attorney

9 designated under section 506(c)(1) on behalf of

10 the alien.

11 ‘‘(d) GENERAL PROVISIONS RELATING TO AP12 PEALS.—

13 ‘‘(1) NOTICE.—A notice of appeal pursuant to

14 subsection (b) or (c) (other than under subsection

15 (c)(2)) must be filed within 20 days after the date

16 of the order with respect to which the appeal is

17 sought, during which time the order shall not be exe18 cuted.

19 ‘‘(2) TRANSMITTAL OF RECORD.—In an appeal

20 or review to the Court of Appeals pursuant to sub21 section (b) or (c)—

22 ‘‘(A) the entire record shall be transmitted

23 to the Court of Appeals, and

24 ‘‘(B) information received pursuant to sec25 tion 505(e), and any portion of the judge’s
191

HR 2202 PCS

1 order that would reveal the substance or source

2 of such information, shall be transmitted under

3 seal.

4 ‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In

5 an appeal or review to the Court of Appeals pursu6 ant to subsection (b) or (c):

7 ‘‘(A) REVIEW.—The appeal or review shall

8 be heard as expeditiously as practicable and the

9 Court may dispense with full briefing and hear

10 the matter solely on the record of the judge of

11 the special removal court and on such briefs or

12 motions as the Court may require to be filed by

13 the parties.

14 ‘‘(B) DISPOSITION.—The Court shall up15 hold or reverse the judge’s order within 60 days

16 after the date of the issuance of the judge’s

17 final order.

18 ‘‘(4) STANDARD FOR REVIEW.—In an appeal or

19 review to the Court of Appeals pursuant to sub20 section (b) or (c):

21 ‘‘(A) QUESTIONS OF LAW.—The Court of

22 Appeals shall review all questions of law de

23 novo.

24 ‘‘(B) QUESTIONS OF FACT.—(i) Subject to

25 clause (ii), a prior finding on any question of
192

HR 2202 PCS

1 fact shall not be set aside unless such finding

2 was clearly erroneous.

3 ‘‘(ii) In the case of a review under sub4 section (c)(2) in which an alien lawfully admit5 ted for permanent residence was denied a writ6 ten summary of classified information under

7 section 506(b)(4), the Court of Appeals shall

8 review questions of fact de novo.

9 ‘‘(e) CERTIORARI.—Following a decision by the Court

10 of Appeals pursuant to subsection (b) or (c), either the

11 alien or the Department of Justice may petition the Su12 preme Court for a writ of certiorari. In any such case,

13 any information transmitted to the Court of Appeals

14 under seal shall, if such information is also submitted to

15 the Supreme Court, be transmitted under seal. Any order

16 of removal shall not be stayed pending disposition of a

17 writ of certiorari except as provided by the Court of Ap18 peals or a Justice of the Supreme Court.

19 ‘‘(f) APPEALS OF DETENTION ORDERS.—

20 ‘‘(1) IN GENERAL.— The provisions of sections

21 3145 through 3148 of title 18, United States Code,

22 pertaining to review and appeal of a release or de23 tention order, penalties for failure to appear, pen24 alties for an offense committed while on release, and

25 sanctions for violation of a release condition shall
193

HR 2202 PCS

1 apply to an alien to whom section 508(b)(1) applies.

2 In applying the previous sentence—

3 ‘‘(A) for purposes of section 3145 of such

4 title an appeal shall be taken to the United

5 States Court of Appeals for the District of Co6 lumbia Circuit, and

7 ‘‘(B) for purposes of section 3146 of such

8 title the alien shall be considered released in

9 connection with a charge of an offense punish10 able by life imprisonment.

11 ‘‘(2) NO REVIEW OF CONTINUED DETENTION.—

12 The determinations and actions of the Attorney

13 General pursuant to section 508(c)(2)(C) shall not

14 be subject to judicial review, including application

15 for a writ of habeas corpus, except for a claim by

16 the alien that continued detention violates the alien’s

17 rights under the Constitution. Jurisdiction over any

18 such challenge shall lie exclusively in the United

19 States Court of Appeals for the District of Columbia

20 Circuit.

21 ‘‘DETENTION AND CUSTODY

22 ‘‘SEC. 508. (a) INITIAL CUSTODY.—

23 ‘‘(1) UPON FILING APPLICATION.—Subject to

24 paragraph (2), the Attorney General may take into

25 custody any alien with respect to whom an applica26 tion under section 503 has been filed and, notwith-
194

HR 2202 PCS

1 standing any other provision of law, may retain such

2 an alien in custody in accordance with the proce3 dures authorized by this title.

4 ‘‘(2) SPECIAL RULES FOR PERMANENT RESI5 DENT ALIENS.—An alien lawfully admitted for per6 manent residence shall be entitled to a release hear7 ing before the judge assigned to hear the special re8 moval hearing. Such an alien shall be detained pend9 ing the special removal hearing, unless the alien

10 demonstrates to the court that—

11 ‘‘(A) the alien, if released upon such terms

12 and conditions as the court may prescribe (in13 cluding the posting of any monetary amount),

14 is not likely to flee, and

15 ‘‘(B) the alien’s release will not endanger

16 national security or the safety of any person or

17 the community.

18 The judge may consider classified information sub19 mitted in camera and ex parte in making a deter20 mination under this paragraph.

21 ‘‘(3) RELEASE IF ORDER DENIED AND NO RE22 VIEW SOUGHT.—

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), if a judge of the special removal

25 court denies the order sought in an application
195

HR 2202 PCS

1 with respect to an alien and the Department of

2 Justice does not seek review of such denial, the

3 alien shall be released from custody.

4 ‘‘(B) APPLICATION OF REGULAR PROCE5 DURES.—Subparagraph (A) shall not prevent

6 the arrest and detention of the alien pursuant

7 to title II.

8 ‘‘(b) CONDITIONAL RELEASE IF ORDER DENIED AND

9 REVIEW SOUGHT.—

10 ‘‘(1) IN GENERAL.—If a judge of the special re11 moval court denies the order sought in an applica12 tion with respect to an alien and the Department of

13 Justice seeks review of such denial, the judge shall

14 release the alien from custody subject to the least re15 strictive condition or combination of conditions of re16 lease described in section 3142(b) and clauses (i)

17 through (xiv) of section 3142(c)(1)(B) of title 18,

18 United States Code, that will reasonably assure the

19 appearance of the alien at any future proceeding

20 pursuant to this title and will not endanger the safe21 ty of any other person or the community.

22 ‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If

23 the judge finds no such condition or combination of

24 conditions, the alien shall remain in custody until

25 the completion of any appeal authorized by this title.
196

HR 2202 PCS

1 ‘‘(c) CUSTODY AND RELEASE AFTER HEARING.—

2 ‘‘(1) RELEASE.—

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graph (B), if the judge decides pursuant to sec5 tion 505(i) that an alien should not be removed,

6 the alien shall be released from custody.

7 ‘‘(B) CUSTODY PENDING APPEAL.—If the

8 Attorney General takes an appeal from such de9 cision, the alien shall remain in custody, subject

10 to the provisions of section 3142 of title 18,

11 United States Code.

12 ‘‘(2) CUSTODY AND REMOVAL.—

13 ‘‘(A) CUSTODY.—If the judge decides pur14 suant to section 505(i) that an alien shall be re15 moved, the alien shall be detained pending the

16 outcome of any appeal. After the conclusion of

17 any judicial review thereof which affirms the re18 moval order, the Attorney General shall retain

19 the alien in custody and remove the alien to a

20 country specified under subparagraph (B).

21 ‘‘(B) REMOVAL.—

22 ‘‘(i) IN GENERAL.—The removal of an

23 alien shall be to any country which the

24 alien shall designate if such designation

25 does not, in the judgment of the Attorney
197

HR 2202 PCS

1 General, in consultation with the Secretary

2 of State, impair the obligation of the

3 United States under any treaty (including

4 a treaty pertaining to extradition) or other5 wise adversely affect the foreign policy of

6 the United States.

7 ‘‘(ii) ALTERNATE COUNTRIES.—If the

8 alien refuses to designate a country to

9 which the alien wishes to be removed or if

10 the Attorney General, in consultation with

11 the Secretary of State, determines that re12 moval of the alien to the country so des13 ignated would impair a treaty obligation or

14 adversely affect United States foreign pol15 icy, the Attorney General shall cause the

16 alien to be removed to any country willing

17 to receive such alien.

18 ‘‘(C) CONTINUED DETENTION.—If no

19 country is willing to receive such an alien, the

20 Attorney General may, notwithstanding any

21 other provision of law, retain the alien in cus22 tody. The Attorney General, in coordination

23 with the Secretary of State, shall make periodic

24 efforts to reach agreement with other countries

25 to accept such an alien and at least every 6
198

HR 2202 PCS

1 months shall provide to the attorney represent2 ing the alien at the special removal hearing a

3 written report on the Attorney General’s ef4 forts. Any alien in custody pursuant to this

5 subparagraph shall be released from custody

6 solely at the discretion of the Attorney General

7 and subject to such conditions as the Attorney

8 General shall deem appropriate.

9 ‘‘(D) FINGERPRINTING.—Before an alien

10 is transported out of the United States pursu11 ant to this subsection, or pursuant to an order

12 of exclusion because such alien is excludable

13 under section 212(a)(3)(B), the alien shall be

14 photographed and fingerprinted, and shall be

15 advised of the provisions of subsection 276(b).

16 ‘‘(d) CONTINUED DETENTION PENDING TRIAL.—

17 ‘‘(1) DELAY IN REMOVAL.—Notwithstanding

18 the provisions of subsection (c)(2), the Attorney

19 General may hold in abeyance the removal of an

20 alien who has been ordered removed pursuant to this

21 title to allow the trial of such alien on any Federal

22 or State criminal charge and the service of any sen23 tence of confinement resulting from such a trial.

24 ‘‘(2) MAINTENANCE OF CUSTODY.—Pending the

25 commencement of any service of a sentence of con-
199

HR 2202 PCS

1 finement by an alien described in paragraph (1),

2 such an alien shall remain in the custody of the At3 torney General, unless the Attorney General deter4 mines that temporary release of the alien to the cus5 tody of State authorities for confinement in a State

6 facility is appropriate and would not endanger na7 tional security or public safety.

8 ‘‘(3) SUBSEQUENT REMOVAL.—Following the

9 completion of a sentence of confinement by an alien

10 described in paragraph (1) or following the comple11 tion of State criminal proceedings which do not re12 sult in a sentence of confinement of an alien released

13 to the custody of State authorities pursuant to para14 graph (2), such an alien shall be returned to the

15 custody of the Attorney General who shall proceed

16 to carry out the provisions of subsection (c)(2) con17 cerning removal of the alien.

18 ‘‘(e) APPLICATION OF CERTAIN PROVISIONS RELAT19 ING TO ESCAPE OF PRISONERS.—For purposes of sections

20 751 and 752 of title 18, United States Code, an alien in

21 the custody of the Attorney General pursuant to this title

22 shall be subject to the penalties provided by those sections

23 in relation to a person committed to the custody of the

24 Attorney General by virtue of an arrest on a charge of

25 a felony.
200

HR 2202 PCS

1 ‘‘(f) RIGHTS OF ALIENS IN CUSTODY.—

2 ‘‘(1) FAMILY AND ATTORNEY VISITS.—An alien

3 in the custody of the Attorney General pursuant to

4 this title shall be given reasonable opportunity to

5 communicate with and receive visits from members

6 of the alien’s family, and to contact, retain, and

7 communicate with an attorney.

8 ‘‘(2) DIPLOMATIC CONTACT.—An alien in the

9 custody of the Attorney General pursuant to this

10 title shall have the right to contact an appropriate

11 diplomatic or consular official of the alien’s country

12 of citizenship or nationality or of any country pro13 viding representation services therefore. The Attor14 ney General shall notify the appropriate embassy,

15 mission, or consular office of the alien’s detention.’’.

16 (b) CRIMINAL PENALTY FOR REENTRY OF ALIEN

17 TERRORISTS.—Section 276(b) (8 U.S.C. 1326(b)) is

18 amended—

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

20 (1),

21 (2) by striking the period at the end of para22 graph (2) and inserting ‘‘; or’’, and

23 (3) by inserting after paragraph (2) the follow24 ing new paragraph:
201

HR 2202 PCS

1 ‘‘(3) who has been excluded from the United

2 States pursuant to subsection 235(c) because the

3 alien was excludable under subsection 212(a)(3)(B)

4 or who has been removed from the United States

5 pursuant to the provisions of title V, and who there6 after, without the permission of the Attorney Gen7 eral, enters the United States or attempts to do so

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

9 and imprisoned for a period of 10 years, which sen10 tence shall not run concurrently with any other sen11 tence.’’.

12 (c) ELIMINATION OF CUSTODY REVIEW BY HABEAS

13 CORPUS.—Section 106(a) (8 U.S.C. 1105a(a)) is amend14 ed—

15 (1) by adding ‘‘and’’ at the end of paragraph

16 (8),

17 (2) by striking ‘‘; and’’ at the end of paragraph

18 (9) and inserting a period, and

19 (3) by striking paragraph (10).

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

21 this section shall take effect on the date of the enactment

22 of this Act and shall apply to all aliens without regard

23 to the date of entry or attempted entry into the United

24 States.
202

HR 2202 PCS

1 SEC. 322. FUNDING FOR DETENTION AND REMOVAL OF

2 ALIEN TERRORISTS.

3 In addition to amounts otherwise appropriated, there

4 are authorized to be appropriated for each fiscal year (be5 ginning with fiscal year 1996) $5,000,000 to the Immigra6 tion and Naturalization Service for the purpose of detain7 ing and removing alien terrorists.

8 PART 2—INADMISSIBILITY AND DENIAL OF

9 RELIEF FOR ALIEN TERRORISTS

10 SEC. 331. MEMBERSHIP IN TERRORIST ORGANIZATION AS

11 GROUND OF INADMISSIBILITY.

12 (a) IN GENERAL.—Section 212(a)(3)(B) (8 U.S.C.

13 1182(a)(3)(B)) is amended—

14 (1) in clause (i)—

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

16 subclause (I),

17 (B) in subclause (II), by inserting ‘‘en18 gaged in or’’ after ‘‘believe,’’, and

19 (C) by inserting after subclause (II) the

20 following:

21 ‘‘(III) is a representative of a ter22 rorist organization, or

23 ‘‘(IV) is a member of a terrorist

24 organization which the alien knows or

25 should have known is a terrorist orga26 nization,’’; and
203

HR 2202 PCS

1 (2) by adding at the end the following:

2 ‘‘(iv) TERRORIST ORGANIZATION DE3 FINED.—

4 ‘‘(I) DESIGNATION.—For pur5 poses of this Act, the term ‘terrorist

6 organization’ means a foreign organi7 zation designated in the Federal Reg8 ister as a terrorist organization by the

9 Secretary of State, in consultation

10 with the Attorney General, based

11 upon a finding that the organization

12 engages in, or has engaged in, terror13 ist activity that threatens the national

14 security of the United States.

15 ‘‘(II) PROCESS.—At least 3 days

16 before designating an organization as

17 a terrorist organization through publi18 cation in the Federal Register, the

19 Secretary of State, in consultation

20 with the Attorney General, shall notify

21 the Committees on the Judiciary of

22 the House of Representatives and the

23 Senate of the intent to make such

24 designation and the findings and basis

25 for designation. The Secretary of
204

HR 2202 PCS

1 State, in consultation with the Attor2 ney General, shall create an adminis3 trative record and may use classified

4 information in making such a designa5 tion. Such information is not subject

6 to disclosure so long as it remains

7 classified, except that it may be dis8 closed to a court ex parte and in cam9 era under subclause (III) for purposes

10 of judicial review of such a designa11 tion. The Secretary of State, in con12 sultation with the Attorney General,

13 shall provide notice and an oppor14 tunity for public comment prior to the

15 creation of the administrative record

16 under this subclause.

17 ‘‘(III) JUDICIAL REVIEW.—Any

18 organization designated as a terrorist

19 organization under the preceding pro20 visions of this clause may, not later

21 than 30 days after the date of the

22 designation, seek judicial review there23 of in the United States Court of Ap24 peals for the District of Columbia Cir25 cuit. Such review shall be based solely
205

HR 2202 PCS

1 upon the administrative record, except

2 that the Government may submit, for

3 ex parte and in camera review, classi4 fied information considered in making

5 the designation. The court shall hold

6 unlawful and set aside the designation

7 if the court finds the designation to be

8 arbitrary, capricious, an abuse of dis9 cretion, or otherwise not in accord10 ance with law, lacking substantial

11 support in the administrative record

12 taken as a whole or in classified infor13 mation submitted to the court under

14 the previous sentence, contrary to

15 constitutional right, power, privilege,

16 or immunity, or not in accord with the

17 procedures required by law.

18 ‘‘(IV) CONGRESSIONAL REMOVAL

19 AUTHORITY.—The Congress reserves

20 the authority to remove, by law, the

21 designation of an organization as a

22 terrorist organization for purposes of

23 this Act.

24 ‘‘(V) SUNSET.—Subject to

25 subclause (IV), the designation under
206

HR 2202 PCS

1 this clause of an organization as a

2 terrorist organization shall be effective

3 for a period of 2 years from the date

4 of the initial publication of the terror5 ist organization designation by the

6 Secretary of State. At the end of such

7 period (but no sooner than 60 days

8 prior to the termination of the 2-year9 designation period), the Secretary of

10 State, in consultation with the Attor11 ney General, may redesignate the or12 ganization in conformity with the re13 quirements of this clause for designa14 tion of the organization.

15 ‘‘(VI) REMOVAL AUTHORITY.—

16 The Secretary of State, in consulta17 tion with the Attorney General, may

18 remove the terrorist organization des19 ignation from any organization pre20 viously designated as such an organi21 zation, at any time, so long as the

22 Secretary publishes notice of the re23 moval in the Federal Register. The

24 Secretary is not required to report to
207

HR 2202 PCS

1 Congress prior to so removing such

2 designation.

3 ‘‘(v) REPRESENTATIVE DEFINED.—

4 ‘‘(I) IN GENERAL.—In this sub5 paragraph, the term ‘representative’

6 includes an officer, official, or spokes7 man of the organization and any per8 son who directs, counsels, commands

9 or induces the organization or its

10 members to engage in terrorist activ11 ity.

12 ‘‘(II) JUDICIAL REVIEW.—The

13 determination under this subpara14 graph that an alien is a representative

15 of a terrorist organization shall be

16 subject to judicial review under sec17 tion 706 of title 5, United States

18 Code.’’.

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

20 this section shall take effect on the date of the enactment

21 of this Act.

22 SEC. 332. DENIAL OF RELIEF FOR ALIEN TERRORISTS.

23 (a) WITHHOLDING OF DEPORTATION.—Subsection

24 (h)(2) of section 243 (8 U.S.C. 1253), before amendment

25 by section 307(a), is amended by adding at the end the
208

HR 2202 PCS

1 following new sentence: ‘‘For purposes of subparagraph

2 (D), an alien who is described in section 241(a)(4)(B)

3 shall be considered to be an alien for whom there are rea4 sonable grounds for regarding as a danger to the security

5 of the United States.’’.

6 (b) SUSPENSION OF DEPORTATION.—Section 244(a)

7 (8 U.S.C. 1254(a)), before amendment by section 308(b),

8 is amended by striking ‘‘section 241(a)(4)(D)’’ and insert9 ing ‘‘subparagraph (B) or (D) of section 241(a)(4)’’.

10 (c) VOLUNTARY DEPARTURE.—Section 244(e)(2) (8

11 U.S.C. 1254(e)(2)), before amendment by section 308(b),

12 is amended by inserting ‘‘under section 241(a)(4)(B) or’’

13 after ‘‘who is deportable’’.

14 (d) ADJUSTMENT OF STATUS.—Section 245(c) (8

15 U.S.C. 1255(c)) is amended—

16 (1) by striking ‘‘or’’ before ‘‘(5)’’, and

17 (2) by inserting before the period at the end the

18 following: ‘‘, or (6) an alien who is deportable under

19 section 241(a)(4)(B)’’.

20 (e) REGISTRY.—Section 249(d) (8 U.S.C. 1259(d))

21 is amended by inserting ‘‘and is not deportable under sec22 tion 241(a)(4)(B)’’ after ‘‘ineligible to citizenship’’.

23 (f) EFFECTIVE DATE.—(1) The amendments made

24 by this section shall take effect on the date of the enact25 ment of this Act and shall apply to applications filed be-
209

HR 2202 PCS

1 fore, on, or after such date if final action has not been

2 taken on them before such date.

3 (2) The amendments made by subsections (a)

4 through (c) are subsequently superseded by the amend5 ments made by subtitle A.

6 Subtitle C—Deterring Transpor7 tation of Unlawful Aliens to the

8 United States

9 SEC. 341. DEFINITION OF STOWAWAY.

10 (a) STOWAWAY DEFINED.—Section 101(a) (8 U.S.C.

11 1101(a)) is amended by adding the following new para12 graph:

13 ‘‘(47) The term ‘stowaway’ means any alien who ob14 tains transportation without the consent of the owner,

15 charterer, master or person in command of any vessel or

16 aircraft through concealment aboard such vessel or air17 craft. A passenger who boards with a valid ticket is not

18 to be considered a stowaway.’’.

19 (b) EFFECTIVE DATE.—The amendment made by

20 subsection (a) shall take effect on the date of the enact21 ment of this Act.

22 SEC. 342. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIV23 ING.

24 (a) IN GENERAL.—Section 231(a) (8 U.S.C.

25 1221(a)) is amended—
210

HR 2202 PCS

1 (1) by amending the first sentence to read as

2 follows: ‘‘In connection with the arrival of any per3 son by water or by air at any port within the United

4 States from any place outside the United States, it

5 shall be the duty of the master or commanding offi6 cer, or authorized agent, owner, or consignee of the

7 vessel or aircraft, having such person on board to

8 deliver to the immigration officers at the port of ar9 rival, or other place designated by the Attorney Gen10 eral, electronic, typewritten, or printed lists or mani11 fests of the persons on board such vessel or air12 craft.’’;

13 (2) in the second sentence, by striking ‘‘shall be

14 prepared’’ and inserting ‘‘shall be prepared and sub15 mitted’’; and

16 (3) by inserting after the second sentence the

17 following sentence: ‘‘Such lists or manifests shall

18 contain, but not be limited to, for each person trans19 ported, the person’s full name, date of birth, gender,

20 citizenship, travel document number (if applicable)

21 and arriving flight number.’’.

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

23 subsection (a) shall apply to vessels or aircraft arriving

24 at ports of entry on or after such date (not later than
211

HR 2202 PCS

1 60 days after the date of the enactment of this Act) as

2 the Attorney General shall specify.

3 SEC. 343. PROVISIONS RELATING TO CONTRACTS WITH

4 TRANSPORTATION LINES.

5 (a) COVERAGE OF NONCONTIGUOUS TERRITORY.—

6 Section 238 (8 U.S.C. 1228), before redesignation as sec7 tion 233 under section 308(b), is amended—

8 (1) in the heading, by striking ‘‘CONTIGUOUS’’,

9 and

10 (2) by striking ‘‘contiguous’’ each place it ap11 pears in subsections (a), (b), and (d).

12 (b) COVERAGE OF RAILROAD TRAIN.—Subsection (d)

13 of such section is further amended by inserting ‘‘ or rail14 road train’’ after ‘‘aircraft’’.

15 Subtitle D—Additional Provisions

16 SEC. 351. DEFINITION OF CONVICTION.

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

18 1101(a)), as amended by section 341(a), is amended by

19 adding at the end the following new paragraph:

20 ‘‘(48) The term ‘conviction’ means a formal judgment

21 of guilt entered by a court or, if adjudication of guilt has

22 been withheld, where all of the following elements are

23 present:

24 ‘‘(A) A judge or jury has found the alien guilty

25 or the alien has entered a plea of guilty or nolo
212

HR 2202 PCS

1 contendere or has admitted sufficient facts to war2 rant a finding of guilt.

3 ‘‘(B) The judge has ordered some form of pun4 ishment, penalty, or restraint on the alien’s liberty

5 to be imposed.

6 ‘‘(C) A judgment or adjudication of guilt may

7 be entered if the alien violates the terms of the pro8 bation or fails to comply with the requirements of

9 the court’s order, without availability of further pro10 ceedings regarding the alien’s guilt or innocence of

11 the original charge.’’.

12 (b) EFFECTIVE DATE.—The amendment made by

13 subsection (a) shall apply to convictions entered before,

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

15 SEC. 352. IMMIGRATION JUDGES AND COMPENSATION.

16 (a) DEFINITION OF TERM.—Paragraph (4) of section

17 101(b) (8 U.S.C. 1101(b)) is amended to read as follows:

18 ‘‘(4) The term ‘immigration judge’ means an attorney

19 whom the Attorney General appoints as an administrative

20 judge within the Executive Office for Immigration Review,

21 qualified to conduct specified classes of proceedings, in22 cluding a hearing under section 240. An immigration

23 judge shall be subject to such supervision and shall per24 form such duties as the Attorney General shall prescribe,
213

HR 2202 PCS

1 but shall not be employed by the Immigration and Natu2 ralization Service.’’.

3 (b) SUBSTITUTION FOR TERM ‘‘SPECIAL INQUIRY

4 OFFICER’’.—The Immigration and Nationality Act is

5 amended by striking ‘‘a special inquiry officer’’, ‘‘special

6 inquiry officer’’, and ‘‘special inquiry officers’’ and insert7 ing ‘‘an immigration judge’’, ‘‘immigration judge’’, and

8 ‘‘immigration judges’’, respectively, each place it appears

9 in the following sections:

10 (1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)).

11 (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).

12 (3) Section 234 (8 U.S.C. 1224), before redes13 ignation by section 308(b).

14 (4) Section 235 (8 U.S.C. 1225), before redes15 ignation by section 308(b).

16 (5) Section 236 (8 U.S.C. 1226), before amend17 ment by section 303.

18 (6) Section 242(b) (8 U.S.C. 1252(b)), before

19 amendment by section 306(a)(2).

20 (7) Section 242(d)(1) (8 U.S.C. 1252(d)(1)),

21 before amendment by section 306(a)(2).

22 (8) Section 292 (8 U.S.C. 1362).

23 (c) COMPENSATION FOR IMMIGRATION JUDGES.—

24 (1) IN GENERAL.—There shall be four levels of

25 pay for immigration judges, under the Immigration
214

HR 2202 PCS

1 Judge Schedule (designated as IJ–1, 2, 3, and 4, re2 spectively), and each such judge shall be paid at one

3 of those levels, in accordance with the provisions of

4 this subsection.

5 (2) RATES OF PAY.—

6 (A) The rates of basic pay for the levels es7 tablished under paragraph (1) shall be as fol8 lows:

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.

9 (B) Locality pay, where applicable, shall be

10 calculated into the basic pay for immigration

11 judges.

12 (3) APPOINTMENT.—

13 (A) Upon appointment, an immigration

14 judge shall be paid at IJ–1, and shall be ad15 vanced to IJ–2 upon completion of 104 weeks

16 of service, to IJ–3 upon completion of 104

17 weeks of service in the next lower rate, and to

18 IJ–4 upon completion of 52 weeks of service in

19 the next lower rate.
215

HR 2202 PCS

1 (B) The Attorney General may provide for

2 appointment of an immigration judge at an ad3 vanced rate under such circumstances as the

4 Attorney General may determine appropriate.

5 (4) TRANSITION.—Judges serving on the Immi6 gration Court as of the effective date shall be paid

7 at the rate that corresponds to the amount of time,

8 as provided under paragraph (3)(A), that they have

9 served as an immigration judge.

10 (d) EFFECTIVE DATES.—

11 (1) Subsections (a) and (b) shall take effect on

12 the date of the enactment of this Act.

13 (2) Subsection (c) shall take effect 90 days

14 after the date of the enactment of this Act.

15 SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT

16 STATUS.

17 (a) IN GENERAL.—Section 246(a) (8 U.S.C.

18 1256(a)) is amended by adding at the end the following

19 sentence: ‘‘Nothing in this subsection shall require the At20 torney General to rescind the alien’s status prior to com21 mencement of procedures to remove the alien under sec22 tion 240, and an order of removal issued by an immigra23 tion judge shall be sufficient to rescind the alien’s sta24 tus.’’.
216

HR 2202 PCS

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

2 subsection (a) shall take effect on the title III–A effective

3 date (as defined in section 309(a)).

4 SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.

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

6 Act is amended by inserting after section 274C the follow7 ing new section:

8 ‘‘CIVIL PENALTIES FOR FAILURE TO DEPART

9 ‘‘SEC. 274D. (a) IN GENERAL.—Any alien subject to

10 a final order of removal who—

11 ‘‘(1) willfully fails or refuses to—

12 ‘‘(A) depart from the United States pursu13 ant to the order,

14 ‘‘(B) make timely application in good faith

15 for travel or other documents necessary for de16 parture, or

17 ‘‘(C) present for removal at the time and

18 place required by the Attorney General; or

19 ‘‘(2) conspires to or takes any action designed

20 to prevent or hamper the alien’s departure pursuant

21 to the order,

22 shall pay a civil penalty of not more than $500 to the

23 Commissioner for each day the alien is in violation of this

24 section.

25 ‘‘(b) CONSTRUCTION.—Nothing in this section shall

26 be construed to diminish or qualify any penalties to which
217

HR 2202 PCS

1 an alien may be subject for activities proscribed by section

2 243(a) or any other section of this Act.’’.

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

4 is amended by inserting after the item relating to section

5 274C the following new item:

‘‘Sec. 274D. Civil penalties for failure to depart.’’.

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

7 subsection (a) shall apply to actions occurring on or after

8 the title III–A effective date (as defined in section 309(a)).

9 SEC. 355. CLARIFICATION OF DISTRICT COURT JURISDIC10 TION.

11 (a) IN GENERAL.—Section 279 (8 U.S.C. 1329) is

12 amended—

13 (1) by amending the first sentence to read as

14 follows: ‘‘The district courts of the United States

15 shall have jurisdiction of all causes, civil and crimi16 nal, brought by the United States that arise under

17 the provisions of this title.’’, and

18 (2) by adding at the end the following new sen19 tence: ‘‘Nothing in this section shall be construed as

20 providing jurisdiction for suits against the United

21 States or its agencies or officers.’’.

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

23 subsection (a) shall apply to actions filed after the date

24 of the enactment of this Act.
218

HR 2202 PCS

1 SEC. 356. DEMONSTRATION PROJECT FOR IDENTIFICATION

2 OF ILLEGAL ALIENS IN INCARCERATION FA3 CILITY OF ANAHEIM, CALIFORNIA.

4 (a) AUTHORITY.—The Attorney General may conduct

5 a project demonstrating the feasibility of identifying, from

6 among the individuals who are incarcerated in local gov7 ernmental prison facilities prior to arraignment on crimi8 nal charges, those individuals who are aliens unlawfully

9 present in the United States.

10 (b) DESCRIPTION OF PROJECT.—The project author11 ized by subsection (a) shall include—

12 (1) the detail to incarceration facilities within

13 the city of Anaheim, California and the county of

14 Ventura, California, of an employee of the Immigra15 tion and Naturalization Service who has expertise in

16 the identification of aliens unlawfully in the United

17 States, and

18 (2) provision of funds sufficient to provide

19 for—

20 (A) access for such employee to records of

21 the Service necessary to identify unlawful

22 aliens, and

23 (B) in the case of an individual identified

24 as an unlawful alien, pre-arraignment reporting

25 to the court regarding the Service’s intention to

26 remove the alien from the United States.
219

HR 2202 PCS

1 (c) TERMINATION.—The authority under this section

2 shall cease to be effective 6 months after the date of the

3 enactment of this Act.

4 SEC. 357. ENHANCED PENALTIES FOR FAILURE TO DEPART,

5 ILLEGAL REENTRY, AND PASSPORT AND VISA

6 FRAUD.

7 (a) FAILING TO DEPART.—The United States Sen8 tencing Commission shall promptly promulgate, pursuant

9 to section 994 of title 28, United States Code, amend10 ments to the sentencing guidelines to make appropriate

11 increases in the base offense level for offenses under sec12 tion 242(e) and 276(b) of the Immigration and National13 ity Act (8 U.S.C. 1252(e) and 1326(b)) to reflect the

14 amendments made by section 130001 of the Violent Crime

15 Control and Law Enforcement Act of 1994.

16 (b) PASSPORT AND VISA OFFENSES.—The United

17 States Sentencing Commission shall promptly promulgate,

18 pursuant to section 994 of title 28, United States Code,

19 amendments to the sentencing guidelines to make appro20 priate increases in the base offense level for offenses under

21 chapter 75 of title 18, United States Code to reflect the

22 amendments made by section 130009 of the Violent Crime

23 Control and Law Enforcement Act of 1994.
220

HR 2202 PCS

1 SEC. 358. AUTHORIZATION OF ADDITIONAL FUNDS FOR RE2 MOVAL OF ALIENS.

3 In addition to the amounts otherwise authorized to

4 be appropriated for each fiscal year beginning with fiscal

5 year 1996, there are authorized to be appropriated to the

6 Attorney General $150,000,000 for costs associated with

7 the removal of inadmissible or deportable aliens, including

8 costs of detention of such aliens pending their removal,

9 the hiring of more investigators, and the hiring of more

10 detention and deportation officers.

11 SEC. 359. APPLICATION OF ADDITIONAL CIVIL PENALTIES

12 TO ENFORCEMENT.

13 (a) IN GENERAL.—Subsection (b) of section 280 (8

14 U.S.C. 1330(b)) is amended to read as follows:

15 ‘‘(b)(1) There is established in the general fund of

16 the Treasury a separate account which shall be known as

17 the ‘Immigration Enforcement Account’. Notwithstanding

18 any other section of this title, there shall be deposited as

19 offsetting receipts into the Immigration Enforcement Ac20 count amounts described in paragraph (2) to remain avail21 able until expended.

22 ‘‘(2) The amounts described in this paragraph are the

23 following:

24 ‘‘(A) The increase in penalties collected result25 ing from the amendments made by sections 203(b)

26 and 543(a) of the Immigration Act of 1990.
221

HR 2202 PCS

1 ‘‘(B) Civil penalties collected under sections

2 240B(d), 274C, 274D, and 275(b).

3 ‘‘(3)(A) The Secretary of the Treasury shall refund

4 out of the Immigration Enforcement Account to any ap5 propriation the amount paid out of such appropriation for

6 expenses incurred by the Attorney General for activities

7 that enhance enforcement of provisions of this title, in8 cluding—

9 ‘‘(i) the identification, investigation, apprehen10 sion, detention, and removal of criminal aliens;

11 ‘‘(ii) the maintenance and updating of a system

12 to identify and track criminal aliens, deportable

13 aliens, inadmissible aliens, and aliens illegally enter14 ing the United States; and

15 ‘‘(iii) for the repair, maintenance, or construc16 tion on the United States border, in areas experienc17 ing high levels of apprehensions of illegal aliens, of

18 structures to deter illegal entry into the United

19 States.

20 ‘‘(B) The amounts which are required to be refunded

21 under subparagraph (A) shall be refunded at least quar22 terly on the basis of estimates made by the Attorney Gen23 eral of the expenses referred to in subparagraph (A).

24 Proper adjustments shall be made in the amounts subse25 quently refunded under subparagraph (A) to the extent
222

HR 2202 PCS

1 prior estimates were in excess of, or less than, the amount

2 required to be refunded under subparagraph (A).

3 ‘‘(C) The amounts required to be refunded from the

4 Immigration Enforcement Account for fiscal year 1996

5 and thereafter shall be refunded in accordance with esti6 mates made in the budget request of the Attorney General

7 for those fiscal years. Any proposed changes in the

8 amounts designated in such budget requests shall only be

9 made after notification to the Committees on Appropria10 tions of the House of Representatives and the Senate in

11 accordance with section 605 of Public Law 103–317.

12 ‘‘(D) The Attorney General shall prepare and submit

13 annually to the Congress statements of financial condition

14 of the Immigration Enforcement Account, including begin15 ning account balance, revenues, withdrawals, and ending

16 account balance and projection for the ensuing fiscal

17 year.’’.

18 (b) IMMIGRATION USER FEE ACCOUNT.—Section

19 286(h)(1)(B) (8 U.S.C. 1356(h)(1)(B)) is amended by

20 striking ‘‘271’’ and inserting ‘‘243(c), 271,’’.

21 (c) EFFECTIVE DATE.—The amendments made by

22 this section shall apply to fines and penalties collected on

23 or after the date of the enactment of this Act.
223

HR 2202 PCS

1 SEC. 360. PRISONER TRANSFER TREATIES.

2 (a) NEGOTIATION.—Congress advises the President

3 to begin to negotiate and renegotiate, not later than 90

4 days after the date of the enactment of this Act, bilateral

5 prisoner transfer treaties. The focus of such negotiations

6 shall be—

7 (1) to expedite the transfer of aliens unlawfully

8 in the United States who are (or are about to be)

9 incarcerated in United States prisons,

10 (2) to ensure that a transferred prisoner serves

11 the balance of the sentence imposed by the United

12 States courts,

13 (3) to eliminate any requirement of prisoner

14 consent to such a transfer, and

15 (4) to allow the Federal Government or the

16 States to keep their original prison sentences in

17 force so that transferred prisoners who return to the

18 United States prior to the completion of their origi19 nal United States sentences can be returned to cus20 tody for the balance of their prison sentences.

21 In entering into such negotiations, the President may con22 sider providing for appropriate compensation in cases

23 where the United States is able to independently verify

24 the adequacy of the sites where aliens will be imprisoned

25 and the length of time the alien is actually incarcerated

26 in the foreign country under such a treaty.
224

HR 2202 PCS

1 (b) CERTIFICATION.—The President shall submit to

2 the Congress, annually, a certification as to whether each

3 prisoner transfer treaty in force is effective in returning

4 aliens unlawfully in the United States who have committed

5 offenses for which they are incarcerated in the United

6 States to their country of nationality for further incarcer7 ation.

8 SEC. 361. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

9 (a) OPERATION AND PURPOSE.—Subsection (a) of

10 section 130002 of the Violent Crime Control and Law En11 forcement Act of 1994 (Public Law 103–322) is amended

12 to read as follows:

13 ‘‘(a) OPERATION AND PURPOSE.—The Commissioner

14 of Immigration and Naturalization shall, under the au15 thority of section 242(a)(3)(A) of the Immigration and

16 Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a crimi17 nal alien identification system. The criminal alien identi18 fication system shall be used to assist Federal, State, and

19 local law enforcement agencies in identifying and locating

20 aliens who may be subject to removal by reason of their

21 conviction of aggravated felonies, subject to prosecution

22 under section 275 of such Act, not lawfully present in the

23 United States, or otherwise removable. Such system shall

24 include providing for recording of fingerprint records of

25 aliens who have been previously arrested and removed into
225

HR 2202 PCS

1 appropriate automated fingerprint identification sys2 tems.’’.

3 (b) IDENTIFICATION OF CRIMINAL ALIENS UNLAW4 FULLY PRESENT IN THE UNITED STATES.—Upon the re5 quest of the governor or chief executive officer of any

6 State, the Immigration and Naturalization Service shall

7 provide assistance to State courts in the identification of

8 aliens unlawfully present in the United States pending

9 criminal prosecution.

10 SEC. 362. WAIVER OF EXCLUSION AND DEPORTATION

11 GROUND FOR CERTAIN SECTION 274C VIOLA12 TORS.

13 (a) EXCLUSION GROUNDS.—Section 212 (8 U.S.C.

14 1182) is amended—

15 (1) by amending subparagraph (F) of sub16 section (a)(6) to read as follows:

17 ‘‘(F) SUBJECT OF CIVIL PENALTY.—

18 ‘‘(i) IN GENERAL.—An alien who is

19 the subject of a final order for violation of

20 section 274C is inadmissible.

21 ‘‘(ii) WAIVER AUTHORIZED.—For pro22 vision authorizing waiver of clause (i), see

23 subsection (d)(12).’’; and

24 (2) by adding at the end of subsection (d) the

25 following new paragraph:
226

HR 2202 PCS

1 ‘‘(12) The Attorney General may, in the discretion

2 of the Attorney General for humanitarian purposes, to as3 sure family unity, or when it is otherwise in the public

4 interest, waive application of clause (i) of subsection

5 (a)(6)(F)—

6 ‘‘(A) in the case of an alien lawfully admitted

7 for permanent residence who temporarily proceeded

8 abroad voluntarily and not under an order of depor9 tation and who is otherwise admissible to the United

10 States as a returning resident under section 211(b),

11 and

12 ‘‘(B) in the case of an alien seeking admission

13 or adjustment of status under section 201(b)(2)(A)

14 or under section 203(a),

15 if the violation under section 274C was committed solely

16 to assist, aid, or support the alien’s spouse, parent, son,

17 or daughter (and not another individual).’’.

18 (b) GROUND OF DEPORTATION.—Subparagraph (C)

19 of section 241(a)(3) (8 U.S.C. 1251(a)(3)), before redesig20 nation by section 305(a)(2), is amended to read as follows:

21 ‘‘(C) DOCUMENT FRAUD.—

22 ‘‘(i) IN GENERAL.—An alien who is

23 the subject of a final order for violation of

24 section 274C is deportable.
227

HR 2202 PCS

1 ‘‘(ii) WAIVER AUTHORIZED.—The At2 torney General may waive clause (i) in the

3 case of an alien lawfully admitted for per4 manent residence if the alien’s civil money

5 penalty under section 274C was incurred

6 solely to assist, aid, or support the alien’s

7 spouse, parent, son, or daughter (and no

8 other individual).’’.

9 SEC. 363. AUTHORIZING REGISTRATION OF ALIENS ON

10 CRIMINAL PROBATION OR CRIMINAL PA11 ROLE.

12 Section 263(a) (8 U.S.C. 1303(a)) is amended by

13 striking ‘‘and (5)’’ and inserting ‘‘(5) aliens who are or

14 have been on criminal probation or criminal parole within

15 the United States, and (6)’’.

16 SEC. 364. CONFIDENTIALITY PROVISION FOR CERTAIN

17 ALIEN BATTERED SPOUSES AND CHILDREN.

18 (a) IN GENERAL.—Except as provided in subsection

19 (b), in no case may the Attorney General, or any other

20 official or employee of the Department of Justice (includ21 ing any bureau or agency of such Department)—

22 (1) make an adverse determination of admissi23 bility or deportability of an alien under the Immigra24 tion and Nationality Act using information furnished

25 solely by—
228

HR 2202 PCS

1 (A) a spouse or parent who has battered

2 the alien or subjected the alien to extreme cru3 elty,

4 (B) a member of the spouse’s or parent’s

5 family residing in the same household as the

6 alien who has battered the alien or subjected

7 the alien to extreme cruelty when the spouse or

8 parent consented to or acquiesced in such bat9 tery or cruelty,

10 (C) a spouse or parent who has battered

11 the alien’s child or subjected the alien’s child to

12 extreme cruelty (without the active participation

13 of the alien in the battery or extreme cruelty),

14 or

15 (D) a member of the spouse’s or parent’s

16 family residing in the same household as the

17 alien who has battered the alien’s child or sub18 jected the alien’s child to extreme cruelty when

19 the spouse or parent consented to or acquiesced

20 in such battery or cruelty and the alien did not

21 actively participate in such battery or cruelty,

22 unless the alien has been convicted of a crime or

23 crimes listed in section 241(a)(2) of the Immigration

24 and Nationality Act; or
229

HR 2202 PCS

1 (2) permit use by or disclosure to anyone (other

2 than a sworn officer or employee of the Department,

3 or bureau or agency thereof, for legitimate Depart4 ment, bureau, or agency purposes) of any informa5 tion which relates to an alien who is the beneficiary

6 of an application for relief under clause (iii) or (iv)

7 of section 204(a)(1)(A), clause (ii) or (iii) of section

8 204(a)(1)(B), section 216(c)(4)(C), or section

9 244(a)(3) of such Act as an alien (or the parent of

10 a child) who has been battered or subjected to ex11 treme cruelty.

12 The limitation under paragraph (2) ends when the appli13 cation for relief is denied and all opportunities for appeal

14 of the denial have been exhausted.

15 (b) EXCEPTIONS.—

16 (1) The Attorney General may provide, in the

17 Attorney General’s discretion, for the disclosure of

18 information in the same manner and circumstances

19 as census information may be disclosed by the Sec20 retary of Commerce under section 8 of title 13,

21 United States Code.

22 (2) The Attorney General may provide in the

23 discretion of the Attorney General for the disclosure

24 of information to law enforcement officials to be

25 used solely for a legitimate law enforcement purpose.
230

HR 2202 PCS

1 (3) Subsection (a) shall not be construed as

2 preventing disclosure of information in connection

3 with judicial review of a determination in a manner

4 that protects the confidentiality of such information.

5 (4) Subsection (a)(2) shall not apply if all the

6 battered individuals in the case are adults and they

7 have all waived the restrictions of such subsection.

8 (c) PENALTIES FOR VIOLATIONS.—Anyone who uses,

9 publishes, or permits information to be disclosed in viola10 tion of this section shall be fined in accordance with title

11 18, United States Code, or imprisoned not more than 5

12 years, or both.

13 SEC. 365. AUTHORITY FOR STATE AND LOCAL LAW EN14 FORCEMENT ASSISTANCE IN DEPORTATION.

15 Section 103 (8 U.S.C. 1103) is amended by adding

16 at the end the following new subsection:

17 ‘‘(f)(1) The Attorney General may deputize any law

18 enforcement officer of any State or of any political subdivi19 sion of any State to seek, apprehend, detain, and commit

20 to the custody of an officer of the Department of Justice

21 aliens subject to a final order of deportation or exclusion

22 under this Act, if—

23 ‘‘(1) actions pursuant to such deputization are

24 subject to the direction and supervision of an officer

25 of the Department of Justice;
231

HR 2202 PCS

1 ‘‘(2) any deputization, its duration, an identi2 fication of the supervising officer of the Department

3 of Justice, and the specific powers, privileges, and

4 duties to be performed or exercised are set forth in

5 writing; and

6 ‘‘(3) the Governor of the State, or the chief

7 elected or appointed official of a political subdivision

8 (as may be appropriate) consents to the deputiza9 tion.

10 ‘‘(2) No deputization under this subsection shall enti11 tle any State, political subdivision, or individual to any

12 compensation or reimbursement from the United States,

13 except where the amount thereof and the entitlement

14 thereto are set forth in the written deputization or where

15 otherwise explicitly provided by law.’’.

16 TITLE IV—ENFORCEMENT OF

17 RESTRICTIONS AGAINST EM18 PLOYMENT

19 SEC. 401. PILOT PROGRAM FOR VOLUNTARY USE OF EM20 PLOYMENT ELIGIBILITY CONFIRMATION

21 PROCESS.

22 (a) VOLUNTARY ELECTION TO PARTICIPATE IN

23 PILOT PROGRAM CONFIRMATION MECHANISM.—

24 (1) IN GENERAL.—An employer (or a recruiter

25 or referrer subject to section 274A(a)(1)(B)(ii) of
232

HR 2202 PCS

1 the Immigration and Nationality Act) may elect to

2 participate in the pilot program for employment eli3 gibility confirmation provided under this section

4 (such program in this section referred to as the

5 ‘‘pilot program’’). Except as specifically provided in

6 this section, the Attorney General is not authorized

7 to require any entity to participate in the program

8 under this section. The pilot program shall operate

9 in at least 5 of the 7 States with the highest esti10 mated population of unauthorized aliens.

11 (2) EFFECT OF ELECTION.—The following pro12 visions apply in the case of an entity electing to par13 ticipate in the pilot program:

14 (A) OBLIGATION TO USE CONFIRMATION

15 MECHANISM.—The entity agrees to comply with

16 the confirmation mechanism under subsection

17 (c) to confirm employment eligibility under the

18 pilot program for all individuals covered under

19 the election in accordance with this section.

20 (B) BENEFIT OF REBUTTABLE PRESUMP21 TION.—

22 (i) IN GENERAL.—If the entity ob23 tains confirmation of employment eligibility

24 under the pilot program with respect to the

25 hiring (or recruiting or referral that is sub-
233

HR 2202 PCS

1 ject to section 274A(a)(1)(B)(ii) of the Im2 migration and Nationality Act) of an indi3 vidual for employment in the United

4 States, the entity has established a rebut5 table presumption that the entity has not

6 violated section 274A(a)(1)(A) of the Im7 migration and Nationality Act with respect

8 to such hiring (or such recruiting or refer9 ral).

10 (ii) CONSTRUCTION.—Clause (i) shall

11 not be construed as preventing an entity

12 that has an election in effect under this

13 section from establishing an affirmative de14 fense under section 274A(a)(3) of the Im15 migration and Nationality Act if the entity

16 complies with the requirements of section

17 274A(a)(1)(B) of such Act but fails to

18 comply with the obligations under subpara19 graph (A).

20 (C) BENEFIT OF NOTICE BEFORE EMPLOY21 MENT-RELATED INSPECTIONS.—The Immigra22 tion and Naturalization Service, the Special

23 Counsel for Immigration-Related Unfair Em24 ployment Practices, and any other agency au25 thorized to inspect forms required to be re-
234

HR 2202 PCS

1 tained under section 274A of the Immigration

2 and Nationality Act or to search property for

3 purposes of enforcing such section shall provide

4 at least 3 days notice prior to such an inspec5 tion or search, except that such notice is not re6 quired if the inspection or search is conducted

7 with an administrative or judicial subpoena or

8 warrant or under exigent circumstances.

9 (3) GENERAL TERMS OF ELECTIONS.—

10 (A) IN GENERAL.—An election under para11 graph (1) shall be in a form and manner and

12 under such terms and conditions as the Attor13 ney General shall specify and shall take effect

14 as the Attorney General shall specify. Such an

15 election shall apply (under such terms and con16 ditions and as specified in the election) either to

17 all hiring (and all recruitment or referral that

18 is subject to section 274A(a)(1)(B)(ii) of the

19 Immigration and Nationality Act) by the entity

20 during the period in which the election is in ef21 fect or to hiring (or recruitment or referral that

22 is subject to section 274A(a)(1)(B)(ii) of the

23 Immigration and Nationality Act) in one or

24 more States or one or more places of such hir25 ing (or such recruiting or referral, as the case
235

HR 2202 PCS

1 may be) covered by the election. The Attorney

2 General may not impose any fee as a condition

3 of making an election or participation in the

4 pilot program under this section.

5 (B) ACCEPTANCE OF ELECTIONS.—Except

6 as otherwise provided in this paragraph, the At7 torney General shall accept all elections made

8 under paragraph (1). The Attorney General

9 may establish a process under which entities

10 seek to make elections in advance, in order to

11 permit the Attorney General the opportunity to

12 identify and develop appropriate resources to

13 accommodate the demand for participation in

14 the pilot program under this section.

15 (C) REJECTION OF ELECTIONS.—The At16 torney General may reject an election by an en17 tity under paragraph (1) because the Attorney

18 General has determined that there are insuffi19 cient resources to provide services under the

20 pilot program for the entity.

21 (D) TERMINATION OF ELECTIONS.—The

22 Attorney General may terminate an election by

23 an entity under paragraph (1) because the en24 tity has substantially failed to comply with the
236

HR 2202 PCS

1 obligations of the entity under the pilot pro2 gram.

3 (E) RESCISSION OF ELECTION.—An entity

4 may rescind an election made under this sub5 section in such form and manner as the Attor6 ney General shall specify.

7 (b) CONSULTATION, EDUCATION, AND PUBLICITY.—

8 (1) CONSULTATION.—The Attorney General

9 shall closely consult with representatives of employ10 ers (and recruiters and referrers whose recruiting or

11 referring is subject to section 274A(a)(1)(B)(ii) of

12 the Immigration and Nationality Act) in the develop13 ment and implementation of the pilot program under

14 this section, including the education of employers

15 (and such recruiters and referrers) about the pro16 gram.

17 (2) PUBLICITY.—The Attorney General shall

18 widely publicize the election process and pilot pro19 gram under this section, including the voluntary na20 ture of the program and the advantages to employ21 ers of making an election under subsection (a).

22 (3) ASSISTANCE THROUGH DISTRICT OF23 FICES.—The Attorney General shall designate one or

24 more individuals in each District office of the Immi25 gration and Naturalization Service—
237

HR 2202 PCS

1 (A) to inform entities that seek informa2 tion about the program of the voluntary nature

3 of the program, and

4 (B) to assist entities in electing and par5 ticipating in the pilot program, in complying

6 with the requirements of section 274A of the

7 Immigration and Nationality Act, and in facili8 tating identification of individuals authorized to

9 be employed consistent with such section.

10 (c) CONFIRMATION PROCESS UNDER PILOT PRO11 GRAM.—An entity that is participating in the pilot pro12 gram agrees to conform to the following procedures in the

13 case of a hiring (or recruiting or referral in the case of

14 recruitment or referral that is subject to section

15 274A(a)(1)(B)(ii) of the Immigration and Nationality

16 Act) of each individual covered under the program for em17 ployment in the United States:

18 (1) PROVISION OF ADDITIONAL INFORMA19 TION.—The entity shall obtain from the individual

20 (and the individual shall provide) and shall record on

21 the form used for purposes of section 274A(b)(1)(A)

22 of the Immigration and Nationality Act—

23 (A) the individual’s social security account

24 number (if the individual has been issued such

25 a number), and
238

HR 2202 PCS

1 (B) if the individual is an alien, such iden2 tification or authorization number established

3 by the Service for the alien as the Attorney

4 General shall specify.

5 (2) SEEKING CONFIRMATION.—

6 (A) IN GENERAL.—The entity shall make

7 an inquiry, under the confirmation mechanism

8 established under subsection (d), to seek con9 firmation of the identity, applicable number (or

10 numbers) described in section 274A(b)(2)(B) of

11 the Immigration and Nationality Act, and work

12 eligibility of the individual, by not later than

13 the end of 3 working days (as specified by the

14 Attorney General) after the date of the hiring

15 (or recruitment or referral, as the case may be).

16 (B) EXTENSION OF TIME PERIOD.—If the

17 entity in good faith attempts to make an in18 quiry during such 3 working days and the con19 firmation mechanism has registered that not all

20 inquiries were responded to during such time,

21 the entity can make an inquiry in the first sub22 sequent working day in which the confirmation

23 mechanism registers no nonresponses and qual24 ify for the presumption. If the confirmation

25 mechanism is not responding to inquiries at all
239

HR 2202 PCS

1 times during a day, the entity merely has to as2 sert that the entity attempted to make the in3 quiry on that day for the previous sentence to

4 apply to such an inquiry, and does not have to

5 provide any additional proof concerning such in6 quiry.

7 (3) CONFIRMATION.—

8 (A) IN GENERAL.—If the entity receives an

9 appropriate confirmation of such identity, appli10 cable number or numbers, and work eligibility

11 under the confirmation mechanism within the

12 time period specified under subsection (d) after

13 the time the confirmation inquiry was received,

14 the entity shall record on the form used for

15 purposes of section 274A(b)(1)(A) of the Immi16 gration and Nationality Act an appropriate code

17 indicating a confirmation of such identity, num18 ber or numbers, and work eligibility.

19 (B) FAILURE TO OBTAIN CONFIRMA20 TION.—If the entity has made the inquiry de21 scribed in paragraph (1) but has received a

22 nonconfirmation within the time period speci23 fied—
240

HR 2202 PCS

1 (i) the presumption under subsection

2 (a)(2)(B) shall not be considered to apply,

3 and

4 (ii) if the entity nonetheless continues

5 to employ (or recruits or refers, if such re6 cruitment or referral is subject to section

7 274A(a)(1)(B)(ii) of the Immigration and

8 Nationality Act) the individual for employ9 ment in the United States, the entity shall

10 notify the Attorney General of such fact

11 through the confirmation mechanism or in

12 such other manner as the Attorney Gen13 eral may specify.

14 (C) CONSEQUENCES.—

15 (i) FAILURE TO NOTIFY.—If the en16 tity fails to provide notice with respect to

17 an individual as required under subpara18 graph (B)(ii), the failure is deemed to con19 stitute a violation of section 274A(a)(1)(A)

20 of the Immigration and Nationality Act

21 with respect to that individual.

22 (ii) CONTINUED EMPLOYMENT.—If

23 the entity provides notice under subpara24 graph (B)(ii) with respect to an individual,

25 the entity has the burden of proof, for pur-
241

HR 2202 PCS

1 poses of applying section 274A(a)(1)(A) of

2 the Immigration and Nationality Act with

3 respect to such entity and individual, of es4 tablishing that the individual is not an un5 authorized alien (as defined in section

6 274A(h)(3) of such Act).

7 (iii) NO APPLICATION TO CRIMINAL

8 PENALTY.—Clauses (i) and (ii) shall not

9 apply in any prosecution under section

10 274A(f)(1) of the Immigration and Nation11 ality Act.

12 (d) EMPLOYMENT ELIGIBILITY PILOT CONFIRMA13 TION MECHANISM.—

14 (1) IN GENERAL.—The Attorney General shall

15 establish a pilot program confirmation mechanism

16 (in this section referred to as the ‘‘confirmation

17 mechanism’’) through which the Attorney General

18 (or a designee of the Attorney General which may

19 include a nongovernmental entity)—

20 (A) responds to inquiries by electing enti21 ties, made at any time through a toll-free tele22 phone line or other electronic media in the form

23 of an appropriate confirmation code or other24 wise, on whether an individual is authorized to

25 be employed, and
242

HR 2202 PCS

1 (B) maintains a record that such an in2 quiry was made and the confirmation provided

3 (or not provided).

4 To the extent practicable, the Attorney General shall

5 seek to establish such a mechanism using one or

6 more nongovernmental entities. For purposes of this

7 section, the Attorney General (or a designee of the

8 Attorney General) shall provide through the con9 firmation mechanism confirmation or a tentative

10 nonconfirmation of an individual’s employment eligi11 bility within 3 working days of the initial inquiry.

12 (2) EXPEDITED PROCEDURE IN CASE OF NON13 CONFIRMATION.—In connection with paragraph (1),

14 the Attorney General shall establish, in consultation

15 with the Commissioner of Social Security and the

16 Commissioner of the Immigration and Naturaliza17 tion Service, expedited procedures that shall be used

18 to confirm the validity of information used under the

19 confirmation mechanism in cases in which the con20 firmation is sought but is not provided through the

21 confirmation mechanism.

22 (3) DESIGN AND OPERATION OF MECHANISM.—

23 The confirmation mechanism shall be designed and

24 operated—
243

HR 2202 PCS

1 (A) to maximize the reliability of the con2 firmation process, and the ease of use by enti3 ties making elections under subsection (a) con4 sistent with insulating and protecting the pri5 vacy and security of the underlying information,

6 and

7 (B) to respond to all inquiries made by

8 such entities on whether individuals are author9 ized to be employed registering all times when

10 such response is not possible.

11 (4) CONFIRMATION PROCESS.—

12 (A) CONFIRMATION OF VALIDITY OF SO13 CIAL SECURITY ACCOUNT NUMBER.—As part of

14 the confirmation mechanism, the Commissioner

15 of Social Security, in consultation with the en16 tity responsible for administration of the mech17 anism, shall establish a reliable, secure method,

18 which within the time period specified under

19 paragraph (1), compares the name and social

20 security account number provided against such

21 information maintained by the Commissioner in

22 order to confirm (or not confirm) the validity of

23 the information provided and whether the indi24 vidual has presented a social security account

25 number that is not valid for employment. The
244

HR 2202 PCS

1 Commissioner shall not disclose or release social

2 security information.

3 (B) CONFIRMATION OF ALIEN AUTHORIZA4 TION.—As part of the confirmation mechanism,

5 the Commissioner of the Service, in consulta6 tion with the entity responsible for administra7 tion of the mechanism, shall establish a reliable,

8 secure method, which, within the time period

9 specified under paragraph (1), compares the

10 name and alien identification or authorization

11 number (if any) described in subsection

12 (c)(1)(B) provided against such information

13 maintained by the Commissioner in order to

14 confirm (or not confirm) the validity of the in15 formation provided and whether the alien is au16 thorized to be employed in the United States.

17 (C) PROCESS IN CASE OF TENTATIVE

18 NONCONFIRMATION.—In cases of tentative

19 nonconfirmation, the Attorney General shall

20 specify, in consultation with the Commissioner

21 of Social Security and the Commissioner of the

22 Immigration and Naturalization Service, an ex23 pedited time period not to exceed 10 working

24 days after the date of the tentative

25 nonconfirmation within which final confirmation
245

HR 2202 PCS

1 or denial must be provided through the con2 firmation mechanism in accordance with the

3 procedures under paragraph (2).

4 (D) UPDATING INFORMATION.—The Com5 missioners shall update their information in a

6 manner that promotes the maximum accuracy

7 and shall provide a process for the prompt cor8 rection of erroneous information.

9 (5) PROTECTIONS.—(A) In no case shall an em10 ployer terminate employment of an individual be11 cause of a failure of the individual to have work eli12 gibility confirmed under this section, until after the

13 end of the 10-working-day period in which a final

14 confirmation or nonconfirmation is being sought

15 under paragraph (4)(C). Nothing in this subpara16 graph shall apply to a termination of employment

17 for any reason other than because of such a failure.

18 (B) The Attorney General shall assure that

19 there is a timely and accessible process to challenge

20 nonconfirmations made through the mechanism.

21 (C) If an individual would not have been dis22 missed from a job but for an error of the confirma23 tion mechanism, the individual will be entitled to

24 compensation through the mechanism of the Federal

25 Tort Claims Act.
246

HR 2202 PCS

1 (6) PROTECTION FROM LIABILITY FOR ACTIONS

2 TAKEN ON THE BASIS OF INFORMATION PROVIDED

3 BY THE EMPLOYMENT ELIGIBILITY CONFIRMATION

4 MECHANISM.—No person shall be civilly or crimi5 nally liable under any law (including the Civil Rights

6 Act of 1964, the Americans with Disabilities Act of

7 1990, the Fair Labor Standards Act of 1938, or the

8 Age Discrimination in Employment Act of 1967) for

9 any action taken in good faith reliance on informa10 tion provided through the employment eligibility con11 firmation mechanism established under this sub12 section.

13 (7) MULTIPLE MECHANISMS PERMITTED.—

14 Nothing in this subsection shall be construed as pre15 venting the Attorney General from experimenting

16 with different mechanisms for different entities.

17 (e) SELECT ENTITIES REQUIRED TO PARTICIPATE IN

18 PILOT PROGRAM.—

19 (1) FEDERAL GOVERNMENT.—Each entity of

20 the Federal Government that is subject to the re21 quirements of section 274A of the Immigration and

22 Nationality Act (including the Legislative and Exec23 utive Branches of the Federal Government) shall

24 participate in the pilot program under this section
247

HR 2202 PCS

1 and shall comply with the terms and conditions of

2 such an election.

3 (2) APPLICATION TO CERTAIN VIOLATORS.—An

4 order under section 274A(e)(4) or section

5 274B(g)(2)(B) of the Immigration and Nationality

6 Act may require the subject of the order to partici7 pate in the pilot program and comply with the re8 quirements of subsection (c).

9 (3) CONSEQUENCE OF FAILURE TO PARTICI10 PATE.—If an entity is required under this subsection

11 to participate in the pilot program and fails to com12 ply with the requirements of subsection (c) with re13 spect to an individual such failure shall be treated

14 as a violation of section 274A(a)(1)(B) of the Immi15 gration and Nationality Act with respect to that in16 dividual.

17 (f) PROGRAM INITIATION; REPORTS; TERMI18 NATION.—

19 (1) INITIATION OF PROGRAM.—The Attorney

20 General shall implement the pilot program in a man21 ner that permits entities to have elections under sub22 section (a) made and in effect by not later than 1

23 year after the date of the enactment of this Act.

24 (2) REPORTS.—The Attorney General shall

25 submit to Congress annual reports on the pilot pro-
248

HR 2202 PCS

1 gram under this section at the end of each year in

2 which the program is in effect. The last two such re3 ports shall each include recommendations on wheth4 er or not the pilot program should be continued or

5 modified and on benefits to employers and enforce6 ment of section 274A of the Immigration and Na7 tionality Act obtained from use of the pilot program.

8 (3) TERMINATION.—Unless the Congress other9 wise provides, the Attorney General shall terminate

10 the pilot program under this section at the end of

11 the third year in which it is in effect under this sec12 tion.

13 (g) CONSTRUCTION.—This section shall not affect

14 the authority of the Attorney General under other law (in15 cluding section 274A(d)(4) of the Immigration and Na16 tionality Act) to conduct demonstration projects in rela17 tion to section 274A of such Act.

18 (h) LIMITATION ON USE OF THE CONFIRMATION

19 PROCESS AND ANY RELATED MECHANISMS.—Notwith20 standing any other provision of law, nothing in this section

21 shall be construed to permit or allow any department, bu22 reau, or other agency of the United States Government

23 to utilize any information, data base, or other records as24 sembled under this section for any other purpose other
249

HR 2202 PCS

1 than as provided for under the pilot program under this

2 section.

3 SEC. 402. LIMITING LIABILITY FOR CERTAIN TECHNICAL

4 VIOLATIONS OF PAPERWORK REQUIRE5 MENTS.

6 (a) IN GENERAL.—Section 274A(e)(1) (8 U.S.C.

7 1324a(e)(1)) is amended—

8 (1) by striking ‘‘and’’ at the end of subpara9 graph (C),

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

12 (3) by adding at the end the following new sub13 paragraph:

14 ‘‘(E) under which a person or entity shall

15 not be considered to have failed to comply with

16 the requirements of subsection (b) based upon

17 a technical or procedural failure to meet a re18 quirement of such subsection in which there

19 was a good faith attempt to comply with the re20 quirement unless (i) the Service (or another en21 forcement agency) has explained to the person

22 or entity the basis for the failure, (ii) the per23 son or entity has been provided a period of not

24 less than 10 business days (beginning after the

25 date of the explanation) within which to correct
250

HR 2202 PCS

1 the failure, and (iii) the person or entity has

2 not corrected the failure voluntarily within such

3 period, except that this subparagraph shall not

4 apply with respect to the engaging by any per5 son or entity of a pattern or practice of viola6 tions of subsection (a)(1)(A) or (a)(2).’’.

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

8 subsection (a) shall apply to failures occurring on or after

9 the date of the enactment of this Act.

10 SEC. 403. PAPERWORK AND OTHER CHANGES IN THE EM11 PLOYER SANCTIONS PROGRAM.

12 (a) REDUCING TO 6 THE NUMBER OF DOCUMENTS

13 ACCEPTED FOR EMPLOYMENT VERIFICATION.—Section

14 274A(b) (8 U.S.C. 1324a(b)) is amended—

15 (1) in paragraph (1)(B)—

16 (A) by adding ‘‘or’’ at the end of clause (i),

17 (B) by striking clauses (ii) through (iv),

18 and

19 (C) in clause (v), by striking ‘‘or other

20 alien registration card, if the card’’ and insert21 ing ‘‘, alien registration card, or other docu22 ment designated by regulation by the Attorney

23 General, if the document’’ and redesignating

24 such clause as clause (ii); and
251

HR 2202 PCS

1 (2) by amending subparagraph (C) of para2 graph (1) to read as follows:

3 ‘‘(C) SOCIAL SECURITY ACCOUNT NUMBER

4 CARD AS EVIDENCE OF EMPLOYMENT AUTHOR5 IZATION.—A document described in this sub6 paragraph is an individual’s social security ac7 count number card (other than such a card

8 which specifies on the face that the issuance of

9 the card does not authorize employment in the

10 United States).’’.

11 (b) REDUCTION OF PAPERWORK FOR CERTAIN EM12 PLOYEES.—Section 274A(a) (8 U.S.C. 1324a(a)) is

13 amended by adding at the end the following new para14 graph:

15 ‘‘(6) TREATMENT OF DOCUMENTATION FOR

16 CERTAIN EMPLOYEES.—

17 ‘‘(A) IN GENERAL.—For purposes of para18 graphs (1)(B) and (3), if—

19 ‘‘(i) an individual is a member of a

20 collective-bargaining unit and is employed,

21 under a collective bargaining agreement

22 entered into between one or more employee

23 organizations and an association of two or

24 more employers, by an employer that is a

25 member of such association, and
252

HR 2202 PCS

1 ‘‘(ii) within the period specified in

2 subparagraph (B), another employer that

3 is a member of the association (or an

4 agent of such association on behalf of the

5 employer) has complied with the require6 ments of subsection (b) with respect to the

7 employment of the individual,

8 the subsequent employer shall be deemed to

9 have complied with the requirements of sub10 section (b) with respect to the hiring of the em11 ployee and shall not be liable for civil penalties

12 described in subsection (e)(5).

13 ‘‘(B) PERIOD.—The period described in

14 this subparagraph is—

15 ‘‘(i) up to 5 years in the case of an in16 dividual who has presented documentation

17 identifying the individual as a national of

18 the United States or as an alien lawfully

19 admitted for permanent residence; or

20 ‘‘(ii) up to 3 years (or, if less, the pe21 riod of time that the individual is author22 ized to be employed in the United States)

23 in the case of another individual.

24 ‘‘(C) LIABILITY.—
253

HR 2202 PCS

1 ‘‘(i) IN GENERAL.—If any employer

2 that is a member of an association hires

3 for employment in the United States an in4 dividual and relies upon the provisions of

5 subparagraph (A) to comply with the re6 quirements of subsection (b) and the indi7 vidual is an unauthorized alien, then for

8 the purposes of paragraph (1)(A), subject

9 to clause (ii), the employer shall be pre10 sumed to have known at the time of hiring

11 or afterward that the individual was an un12 authorized alien.

13 ‘‘(ii) REBUTTAL OF PRESUMPTION.—

14 The presumption established by clause (i)

15 may be rebutted by the employer only

16 through the presentation of clear and con17 vincing evidence that the employer did not

18 know (and could not reasonably have

19 known) that the individual at the time of

20 hiring or afterward was an unauthorized

21 alien.’’.

22 (c) ELIMINATION OF DATED PROVISIONS.—Section

23 274A (8 U.S.C. 1324a) is amended by striking subsections

24 (i) through (n).
254

HR 2202 PCS

1 (d) CLARIFICATION OF APPLICATION TO FEDERAL

2 GOVERNMENT.—Section 274A(a) (8 U.S.C. 1324a(a)) is

3 amended by adding at the end the following new para4 graph:

5 ‘‘(5) APPLICATION TO FEDERAL GOVERN6 MENT.—For purposes of this section, the term ‘en7 tity’ includes an entity in any Branch of the Federal

8 Government.’’.

9 (e) EFFECTIVE DATES.—

10 (1) Except as provided in this subsection, the

11 amendments made by this section shall apply with

12 respect to hiring (or recruiting or referring) occur13 ring on or after such date (not later than 180 days

14 after the date of the enactment of this Act) as the

15 Attorney General shall designate.

16 (2) The amendments made by subsections

17 (a)(1) and (a)(2) shall apply with respect to the hir18 ing (or recruiting or referring) occurring on or after

19 such date (not later than 18 months after the date

20 of the enactment of this Act) as the Attorney Gen21 eral shall designate.

22 (3) The amendment made by subsection (b)

23 shall apply to individuals hired on or after 60 days

24 after the date of the enactment of this Act.
255

HR 2202 PCS

1 (4) The amendment made by subsection (c)

2 shall take effect on the date of the enactment of this

3 Act.

4 (5) The amendment made by subsection (d) ap5 plies to hiring occurring before, on, or after the date

6 of the enactment of this Act, but no penalty shall be

7 imposed under section 274A(e) of the Immigration

8 and Nationality Act for such hiring occurring before

9 such date.

10 (f) IMPLEMENTATION OF ELECTRONIC STORAGE OF

11 I–9 FORMS.—Not later than 180 days after the date of

12 the enactment of this Act, the Attorney General shall issue

13 regulations which shall provide for the electronic storage

14 of forms used in satisfaction of the requirements of section

15 274A(b)(3) of the Immigration and Nationality Act.

16 SEC. 404. STRENGTHENED ENFORCEMENT OF THE EM17 PLOYER SANCTIONS PROVISIONS.

18 (a) IN GENERAL.—The number of full-time equiva19 lent positions in the Investigations Division within the Im20 migration and Naturalization Service of the Department

21 of Justice beginning in fiscal year 1997 shall be increased

22 by 500 positions above the number of full-time equivalent

23 positions available to such Division as of September 30,

24 1995.
256

HR 2202 PCS

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

2 additional positions described in subsection (a) shall be as3 signed to investigate violations of the employer sanctions

4 provisions contained in section 274A of the Immigration

5 and Nationality Act.

6 (c) PRIORITY FOR WORKSITE ENFORCEMENT.—

7 (1) IN GENERAL.—In addition to its efforts on

8 border control and easing the worker verification

9 process, the Attorney General shall make worksite

10 enforcement of employer sanctions a top priority of

11 the Immigration and Naturalization Service.

12 (2) REPORT.—Not later than 1 year after the

13 date of the enactment of this Act, the Attorney Gen14 eral shall submit to Congress a report on any addi15 tional authority or resources needed—

16 (A) by the Immigration and Naturalization

17 Service in order to enforce section 274A of the

18 Immigration and Nationality Act, or

19 (B) by Federal agencies in order to carry

20 out the Executive Order of February 13, 1996

21 (entitled ‘‘Economy and Efficiency in Govern22 ment Procurement Through Compliance with

23 Certain Immigration and Naturalization Act

24 Provisions’’) and to expand the restrictions in

25 such Order to cover agricultural subsidies,
257

HR 2202 PCS

1 grants, job training programs, and other Feder2 ally subsidized assistance programs.

3 SEC. 405. REPORTS ON EARNINGS OF ALIENS NOT AUTHOR4 IZED TO WORK.

5 Subsection (c) of section 290 (8 U.S.C. 1360) is

6 amended to read as follows:

7 ‘‘(c)(1) Not later than 3 months after the end of each

8 fiscal year (beginning with fiscal year 1996), the Commis9 sioner of Social Security shall report to the Committees

10 on the Judiciary of the House of Representatives and the

11 Senate on the aggregate number of social security account

12 numbers issued to aliens not authorized to be employed

13 to which earnings were reported to the Social Security Ad14 ministration in such fiscal year.

15 ‘‘(2) If earnings are reported on or after January 1,

16 1997, to the Social Security Administration on a social

17 security account number issued to an alien not authorized

18 to work in the United States, the Commissioner of Social

19 Security shall provide the Attorney General with informa20 tion regarding the name and address of the alien, the

21 name and address of the person reporting the earnings,

22 and the amount of the earnings. The information shall be

23 provided in an electronic form agreed upon by the Com24 missioner and the Attorney General.’’.
258

HR 2202 PCS

1 SEC. 406. AUTHORIZING MAINTENANCE OF CERTAIN IN2 FORMATION ON ALIENS.

3 Section 264 (8 U.S.C. 1304) is amended by adding

4 at the end the following new subsection:

5 ‘‘(f) Notwithstanding any other provision of law, the

6 Attorney General is authorized to require any alien to pro7 vide the alien’s social security account number for pur8 poses of inclusion in any record of the alien maintained

9 by the Attorney General or the Service.’’.

10 SEC. 407. UNFAIR IMMIGRATION-RELATED EMPLOYMENT

11 PRACTICES.

12 (a) REQUIRING CERTAIN REMEDIES IN UNFAIR IM13 MIGRATION-RELATED DISCRIMINATION ORDERS.—Sec14 tion 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is amended—

15 (1) in subparagraph (A), by adding at the end

16 the following: ‘‘Such order also shall require the per17 son or entity to comply with the requirements of

18 clauses (ii) and (vi) of subparagraph (B).’’;

19 (2) in subparagraph (B), by striking ‘‘Such an

20 order’’ and inserting ‘‘Subject to the second sentence

21 of subparagraph (A), such an order’’; and

22 (3) in subparagraph (B)(vi), by inserting before

23 the semicolon at the end the following: ‘‘and to cer24 tify the fact of such education’’.
259

HR 2202 PCS

1 (b) TREATMENT OF CERTAIN DOCUMENTARY PRAC2 TICE AS EMPLOYMENT PRACTICES.—Section 274B(a)(6)

3 (8 U.S.C. 1324b(a)(6)) is amended—

4 (1) by striking ‘‘For’’ and inserting ‘‘(A) Sub5 ject to subparagraph (B), for’’, and

6 (2) by adding at the end the following new sub7 paragraph:

8 ‘‘(B) A person or other entity—

9 ‘‘(i) may request a document proving a re10 newal of employment authorization when an in11 dividual has previously submitted a time-limited

12 document to satisfy the requirements of section

13 274A(b)(1); or

14 ‘‘(ii) if possessing reason to believe that an

15 individual presenting a document which reason16 ably appears on its face to be genuine is none17 theless an unauthorized alien, may (I) inform

18 the individual of the question about the docu19 ment’s validity, and of such person or other en20 tity’s intention to verify the validity of such

21 document, and (II) upon receiving confirmation

22 that the individual is unauthorized to work,

23 may dismiss the individual.
260

HR 2202 PCS

1 Nothing in this provision prohibits an individual

2 from offering alternative documents that satisfy the

3 requirements of section 274A(b)(1).’’.

4 (c) EFFECTIVE DATE.—The amendments made by

5 subsection (a) shall apply to orders issued on or after the

6 first day of the first month beginning at least 90 days

7 after the date of the enactment of this Act.

8 TITLE V—REFORM OF LEGAL

9 IMMIGRATION SYSTEM

10 Subtitle A—Refugees

11 SEC. 501. PERSECUTION FOR RESISTANCE TO COERCIVE

12 POPULATION CONTROL METHODS.

13 (a) DEFINITION OF REFUGEE.—Section 101(a)(42)

14 (8 U.S.C. 1101(a)(42)) is amended by adding at the end

15 the following: ‘‘For purposes of determinations under this

16 Act, a person who has been forced to abort a pregnancy

17 or to undergo involuntary sterilization, or who has been

18 persecuted for failure or refusal to undergo such a proce19 dure or for other resistance to a coercive population con20 trol program, shall be deemed to have been persecuted on

21 account of political opinion, and a person who has a well

22 founded fear that he or she will be forced to undergo such

23 a procedure or subject to persecution for such failure, re24 fusal, or resistance shall be deemed to have a well founded

25 fear of persecution on account of political opinion.’’.
261

HR 2202 PCS

1 (b) NUMERICAL LIMITATION.—Section 207(a) (8

2 U.S.C. 1157(a)), as amended by section 512(b), is amend3 ed by adding at the end the following new paragraph:

4 ‘‘(4) For any fiscal year, not more than a total of

5 1,000 refugees may be admitted under this subsection or

6 granted asylum under section 208 pursuant to a deter7 mination under the last sentence of section 101(a)(42) (re8 lating to persecution for resistance to coercive population

9 control methods).’’.

10 Subtitle B—Asylum Reform

11 SEC. 511. ASYLUM REFORM.

12 (a) ASYLUM REFORM.—Section 208 (8 U.S.C. 1158)

13 is amended to read as follows:

14 ‘‘ASYLUM

15 ‘‘SEC. 208. (a) AUTHORITY TO APPLY FOR ASY16 LUM.—

17 ‘‘(1) IN GENERAL.—Any alien who is physically

18 present in the United States or who arrives in the

19 United States (whether or not at a designated port

20 of arrival), irrespective of such alien’s status, may

21 apply for asylum in accordance with this section.

22 ‘‘(2) EXCEPTIONS.—

23 ‘‘(A) SAFE THIRD COUNTRY.—Paragraph

24 (1) shall not apply to an alien if the Attorney

25 General determines that the alien may be re26 moved, including pursuant to a bilateral or mul-
262

HR 2202 PCS

1 tilateral agreement, to a country (other than

2 the country of the alien’s nationality or, in the

3 case of an alien having no nationality, the coun4 try of the alien’s last habitual residence) in

5 which the alien’s life or freedom would not be

6 threatened on account of race, religion, nation7 ality, membership in a particular social group,

8 or political opinion, and where the alien would

9 have access to a full and fair procedure for de10 termining a claim to asylum or equivalent tem11 porary protection, unless the Attorney General

12 finds that it is in the public interest for the

13 alien to receive asylum in the United States.

14 ‘‘(B) TIME LIMIT.—Paragraph (1) shall

15 not apply to an alien unless the alien dem16 onstrates by clear and convincing evidence that

17 the application has been filed within 180 days

18 after the alien’s arrival in the United States.

19 ‘‘(C) PREVIOUS ASYLUM APPLICATIONS.—

20 Paragraph (1) shall not apply to an alien if the

21 alien has previously applied for asylum and had

22 such application denied.

23 ‘‘(D) CHANGED CONDITIONS.—An applica24 tion for asylum of an alien may be considered,

25 notwithstanding subparagraphs (B) and (C), if
263

HR 2202 PCS

1 the alien demonstrates to the satisfaction of the

2 Attorney General the existence of fundamen3 tally changed circumstances which affect the

4 applicant’s eligibility for asylum.

5 ‘‘(3) LIMITATION ON JUDICIAL REVIEW.—No

6 court shall have jurisdiction to review a determina7 tion of the Attorney General under paragraph (2).

8 ‘‘(b) CONDITIONS FOR GRANTING ASYLUM.—

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

10 grant asylum to an alien who has applied for asylum

11 in accordance with the requirements and procedures

12 established by the Attorney General under this sec13 tion if the Attorney General determines that such

14 alien is a refugee within the meaning of section

15 101(a)(42)(A).

16 ‘‘(2) EXCEPTIONS.—

17 ‘‘(A) IN GENERAL.—Paragraph (1) shall

18 not apply to an alien if the Attorney General

19 determines that—

20 ‘‘(i) the alien ordered, incited, as21 sisted, or otherwise participated in the per22 secution of any person on account of race,

23 religion, nationality, membership in a par24 ticular social group, or political opinion;
264

HR 2202 PCS

1 ‘‘(ii) the alien, having been convicted

2 by a final judgment of a particularly seri3 ous crime, constitutes a danger to the com4 munity of the United States;

5 ‘‘(iii) there are serious reasons for be6 lieving that the alien has committed a seri7 ous nonpolitical crime outside the United

8 States prior to the arrival of the alien in

9 the United States;

10 ‘‘(iv) there are reasonable grounds for

11 regarding the alien as a danger to the se12 curity of the United States;

13 ‘‘(v) the alien is inadmissible under

14 subclause (I), (II), (III), or (IV) of section

15 212(a)(3)(B)(i) or removable under section

16 237(a)(4)(B) (relating to terrorist activ17 ity), unless, in the case only of an alien in18 admissible under subclause (IV) of section

19 212(a)(3)(B)(i), the Attorney General de20 termines, in the Attorney General’s discre21 tion, that there are not reasonable grounds

22 for regarding the alien as a danger to the

23 security of the United States; or
265

HR 2202 PCS

1 ‘‘(vi) the alien was firmly resettled in

2 another country prior to arriving in the

3 United States.

4 ‘‘(B) SPECIAL RULES.—

5 ‘‘(i) CONVICTION OF AGGRAVATED

6 FELONY.—For purposes of clause (ii) of

7 subparagraph (A), an alien who has been

8 convicted of an aggravated felony shall be

9 considered to have been convicted of a par10 ticularly serious crime.

11 ‘‘(ii) OFFENSES.—The Attorney Gen12 eral may designate by regulation offenses

13 that will be considered to be a crime de14 scribed in clause (ii) or (iii) of subpara15 graph (A).

16 ‘‘(C) ADDITIONAL LIMITATIONS.—The At17 torney General may by regulation establish ad18 ditional limitations and conditions under which

19 an alien shall be ineligible for asylum under

20 paragraph (1).

21 ‘‘(D) NO JUDICIAL REVIEW.—There shall

22 be no judicial review of a determination of the

23 Attorney General under subparagraph (A)(v).

24 ‘‘(3) TREATMENT OF SPOUSE AND CHIL25 DREN.—A spouse or child (as defined in section
266

HR 2202 PCS

1 101(b)(1)(A), (B), (C), (D), or (E)) of an alien who

2 is granted asylum under this subsection may, if not

3 otherwise eligible for asylum under this section, be

4 granted the same status as the alien if accompany5 ing, or following to join, such alien.

6 ‘‘(c) ASYLUM STATUS.—

7 ‘‘(1) IN GENERAL.—In the case of an alien

8 granted asylum under subsection (b), the Attorney

9 General—

10 ‘‘(A) shall not remove or return the alien

11 to the alien’s country of nationality or, in the

12 case of a person having no nationality, the

13 country of the alien’s last habitual residence;

14 ‘‘(B) shall authorize the alien to engage in

15 employment in the United States and provide

16 the alien with appropriate endorsement of that

17 authorization; and

18 ‘‘(C) may allow the alien to travel abroad

19 with the prior consent of the Attorney General.

20 ‘‘(2) TERMINATION OF ASYLUM.—Asylum

21 granted under subsection (b) does not convey a right

22 to remain permanently in the United States, and

23 may be terminated if the Attorney General deter24 mines that—
267

HR 2202 PCS

1 ‘‘(A) the alien no longer meets the condi2 tions described in subsection (b)(1) owing to a

3 fundamental change in circumstances;

4 ‘‘(B) the alien meets a condition described

5 in subsection (b)(2);

6 ‘‘(C) the alien may be removed, including

7 pursuant to a bilateral or multilateral agree8 ment, to a country (other than the country of

9 the alien’s nationality or, in the case of an alien

10 having no nationality, the country of the alien’s

11 last habitual residence) in which the alien can12 not establish that it is more likely than not that

13 the alien’s life or freedom would be threatened

14 on account of race, religion, nationality, mem15 bership in a particular social group, or political

16 opinion, and where the alien is eligible to re17 ceive asylum or equivalent temporary protec18 tion;

19 ‘‘(D) the alien has voluntarily availed him20 self or herself of the protection of the alien’s

21 country of nationality or, in the case of an alien

22 having no nationality, the alien’s country of last

23 habitual residence, by returning to such country

24 with permanent resident status or the reason25 able possibility of obtaining such status with
268

HR 2202 PCS

1 the same rights and obligations pertaining to

2 other permanent residents of that country; or

3 ‘‘(E) the alien has acquired a new nation4 ality and enjoys the protection of the country of

5 his new nationality.

6 ‘‘(3) REMOVAL WHEN ASYLUM IS TERMI7 NATED.—An alien described in paragraph (2) is sub8 ject to any applicable grounds of inadmissibility or

9 deportability under section 212(a) and 237(a), and

10 the alien’s removal or return shall be directed by the

11 Attorney General in accordance with sections 240

12 and 241.

13 ‘‘(4) LIMITATION ON JUDICIAL REVIEW.—No

14 court shall have jurisdiction to review a determina15 tion of the Attorney General under paragraph (2).

16 ‘‘(d) ASYLUM PROCEDURE.—

17 ‘‘(1) APPLICATIONS.—The Attorney General

18 shall establish a procedure for the consideration of

19 asylum applications filed under subsection (a). An

20 application for asylum shall not be considered unless

21 the alien submits fingerprints and a photograph in

22 a manner to be determined by regulation by the At23 torney General.

24 ‘‘(2) EMPLOYMENT.—An applicant for asylum

25 is not entitled to employment authorization, but
269

HR 2202 PCS

1 such authorization may be provided under regulation

2 by the Attorney General. An applicant who is not

3 otherwise eligible for employment authorization shall

4 not be granted such authorization prior to 180 days

5 after the date of filing of the application for asylum.

6 ‘‘(3) FEES.—The Attorney General may impose

7 fees for the consideration of an application for asy8 lum, for employment authorization under this sec9 tion, and for adjustment of status under section

10 209(b). Such fees shall not exceed the Attorney Gen11 eral’s costs in adjudicating the applications. The At12 torney General may provide for the assessment and

13 payment of such fees over a period of time or by in14 stallments. Nothing in this paragraph shall be con15 strued to require the Attorney General to charge

16 fees for adjudication services provided to asylum ap17 plicants, or to limit the authority of the Attorney

18 General to set adjudication and naturalization fees

19 in accordance with section 286(m).

20 ‘‘(4) NOTICE OF PRIVILEGE OF COUNSEL AND

21 CONSEQUENCES OF FRIVOLOUS APPLICATION.—At

22 the time of filing an application for asylum, the At23 torney General shall—

24 ‘‘(A) advise the alien of the privilege of

25 being represented by counsel and of the con-
270

HR 2202 PCS

1 sequences, under paragraph (6), of knowingly

2 filing a frivolous application for asylum; and

3 ‘‘(B) provide the alien a list of persons

4 (updated not less often than quarterly) who

5 have indicated their availability to represent

6 aliens in asylum proceedings on a pro bono

7 basis.

8 ‘‘(5) CONSIDERATION OF ASYLUM APPLICA9 TIONS.—

10 ‘‘(A) PROCEDURES.—The procedure estab11 lished under paragraph (1) shall provide that—

12 ‘‘(i) asylum cannot be granted until

13 the identity of the applicant has been

14 checked against all appropriate records or

15 databases maintained by the Attorney Gen16 eral and by the Secretary of State, includ17 ing the Automated Visa Lookout System,

18 to determine any grounds on which the

19 alien may be inadmissible to or deportable

20 from the United States, or ineligible to

21 apply for or be granted asylum;

22 ‘‘(ii) in the absence of exceptional cir23 cumstances, the initial interview or hearing

24 on the asylum application shall commence
271

HR 2202 PCS

1 not later than 45 days after the date an

2 application is filed;

3 ‘‘(iii) in the absence of exceptional cir4 cumstances, final administrative adjudica5 tion of the asylum application, not includ6 ing administrative appeal, shall be com7 pleted within 180 days after the date an

8 application is filed;

9 ‘‘(iv) any administrative appeal shall

10 be filed within 30 days of a decision grant11 ing or denying asylum, or within 30 days

12 of the completion of removal proceedings

13 before an immigration judge under section

14 240, whichever is later; and

15 ‘‘(v) in the case of an applicant for

16 asylum who fails without prior authoriza17 tion or in the absence of exceptional cir18 cumstances to appear for an interview or

19 hearing, including a hearing under section

20 240, the application may be dismissed or

21 the applicant may be otherwise sanctioned

22 for such failure.

23 ‘‘(B) ADDITIONAL REGULATORY CONDI24 TIONS.—The Attorney General may provide by

25 regulation for any other conditions or limita-
272

HR 2202 PCS

1 tions on the consideration of an application for

2 asylum not inconsistent with this Act.

3 ‘‘(6) FRIVOLOUS APPLICATIONS.—

4 ‘‘(A) IN GENERAL.—If the Attorney Gen5 eral determines that an alien has knowingly

6 made a frivolous application for asylum and the

7 alien has received the notice under paragraph

8 (4)(A), the alien shall be permanently ineligible

9 for any benefits under this Act, effective as of

10 the date of a final determination on such appli11 cation.

12 ‘‘(B) MATERIAL MISREPRESENTATIONS.—

13 An application shall be considered to be frivo14 lous if the Attorney General determines that

15 the application contains a willful misrepresenta16 tion or concealment of a material fact.

17 ‘‘(7) NO PRIVATE RIGHT OF ACTION.—Nothing

18 in this subsection shall be construed to create any

19 substantive or procedural right or benefit that is le20 gally enforceable by any party against the United

21 States or its agencies or officers or any other per22 son.’’.

23 (b) CONFORMING AND CLERICAL AMENDMENTS.—

24 (1) The item in the table of contents relating

25 to section 208 is amended to read as follows:

‘‘Sec. 208. Asylum.’’.
273

HR 2202 PCS

1 (2) Section 104(d)(1)(A) of the Immigration

2 Act of 1990 (Public Law 101–649) is amended by

3 striking ‘‘208(b)’’ and inserting ‘‘208’’.

4 (c) EFFECTIVE DATE.—The amendment made by

5 subsection (a) shall apply to applications for asylum filed

6 on or after the first day of the first month beginning more

7 than 180 days after the date of the enactment of this Act.

8 SEC. 512. FIXING NUMERICAL ADJUSTMENTS FOR ASYLEES

9 AT 10,000 EACH YEAR.

10 (a) IN GENERAL.—Section 209(b) (8 U.S.C.

11 1159(b)) is amended by striking ‘‘Not more than’’ and

12 all that follows through ‘‘adjust’’ and inserting the follow13 ing: ‘‘The Attorney General, in the Attorney General’s dis14 cretion and under such regulations as the Attorney Gen15 eral may prescribe, and in a number not to exceed 10,000

16 aliens in any fiscal year, may adjust’’.

17 (b) CONFORMING AMENDMENT.—Section 207(a) (8

18 U.S.C. 1157(a)) is amended by striking paragraph (4).

19 (c) EFFECTIVE DATE.—The amendment made by

20 subsection (a) shall take effect on October 1, 1996.

21 SEC. 513. INCREASE IN ASYLUM OFFICERS.

22 Subject to the availability of appropriations, the At23 torney General shall provide for an increase in the number

24 of asylum officers to at least 600 asylum officers by fiscal

25 year 1997.
274

HR 2202 PCS

1 TITLE VI—RESTRICTIONS ON

2 BENEFITS FOR ALIENS

3 SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING

4 WELFARE AND IMMIGRATION.

5 The Congress makes the following statements con6 cerning national policy with respect to welfare and immi7 gration:

8 (1) Self-sufficiency has been a basic principle of

9 United States immigration law since this country’s

10 earliest immigration statutes.

11 (2) It continues to be the immigration policy of

12 the United States that—

13 (A) aliens within the nation’s borders not

14 depend on public resources to meet their needs,

15 but rather rely on their own capabilities and the

16 resources of their families, their sponsors, and

17 private organizations, and

18 (B) the availability of public benefits not

19 constitute an incentive for immigration to the

20 United States.

21 (3) Despite the principle of self-sufficiency,

22 aliens have been applying for and receiving public

23 benefits from Federal, State, and local governments

24 at increasing rates.
275

HR 2202 PCS

1 (4) Current eligibility rules for public assistance

2 and unenforceable financial support agreements have

3 proved wholly incapable of assuring that individual

4 aliens not burden the public benefits system.

5 (5) It is a compelling government interest to

6 enact new rules for eligibility and sponsorship agree7 ments in order to assure that aliens be self-reliant

8 in accordance with national immigration policy.

9 (6) It is a compelling government interest to re10 move the incentive for illegal immigration provided

11 by the availability of public benefits.

12 (7) With respect to the State authority to make

13 determinations concerning the eligibility of aliens for

14 public benefits, a State that chooses to follow the

15 Federal classification in determining the eligibility of

16 such aliens for public assistance shall be considered

17 to have chosen the least restrictive means available

18 for achieving the compelling government interest of

19 assuring that aliens be self-reliant in accordance

20 with national immigration policy.
276

HR 2202 PCS

1 Subtitle A—Eligibility of Illegal

2 Aliens for Public Benefits

3 PART 1—PUBLIC BENEFITS GENERALLY

4 SEC. 601. MAKING ILLEGAL ALIENS INELIGIBLE FOR PUB5 LIC ASSISTANCE, CONTRACTS, AND LI6 CENSES.

7 (a) FEDERAL PROGRAMS.—Notwithstanding any

8 other provision of law, except as provided in section 603,

9 any alien who is not lawfully present in the United States

10 shall not be eligible for any of the following:

11 (1) FEDERAL ASSISTANCE PROGRAMS.—To re12 ceive any benefits under any program of assistance

13 provided or funded, in whole or in part, by the Fed14 eral Government for which eligibility (or the amount

15 of assistance) is based on financial need.

16 (2) FEDERAL CONTRACTS OR LICENSES.—To

17 receive any grant, to enter into any contract or loan

18 agreement, or to be issued (or have renewed) any

19 professional or commercial license, if the grant, con20 tract, loan, or license is provided or funded by any

21 Federal agency.

22 (b) STATE PROGRAMS.—Notwithstanding any other

23 provision of law, except as provided in section 603, any

24 alien who is not lawfully present in the United States shall

25 not be eligible for any of the following:
277

HR 2202 PCS

1 (1) STATE ASSISTANCE PROGRAMS.—To receive

2 any benefits under any program of assistance (not

3 described in subsection (a)(1)) provided or funded,

4 in whole or in part, by a State or political subdivi5 sion of a State for which eligibility (or the amount

6 of assistance) is based on financial need.

7 (2) STATE CONTRACTS OR LICENSES.—To re8 ceive any grant, to enter into any contract or loan

9 agreement, or to be issued (or have renewed) any

10 professional or commercial license, if the grant, con11 tract, loan, or license is provided or funded by any

12 State agency.

13 (c) REQUIRING PROOF OF IDENTITY FOR FEDERAL

14 CONTRACTS, GRANTS, LOANS, LICENSES, AND PUBLIC

15 ASSISTANCE.—

16 (1) IN GENERAL.—In considering an applica17 tion for a Federal contract, grant, loan, or license,

18 or for public assistance under a program described

19 in paragraph (2), a Federal agency shall require the

20 applicant to provide proof of identity under para21 graph (3) to be considered for such Federal con22 tract, grant, loan, license, or public assistance.

23 (2) PUBLIC ASSISTANCE PROGRAMS COV24 ERED.—The requirement of proof of identity under

25 paragraph (1) shall apply to the following Federal
278

HR 2202 PCS

1 public assistance programs (and include any succes2 sor to such a program as identified by the Attorney

3 General in consultation with other appropriate offi4 cials):

5 (A) SSI.—The supplemental security in6 come program under title XVI of the Social Se7 curity Act, including State supplementary bene8 fits programs referred to in such title.

9 (B) AFDC.—The program of aid to fami10 lies with dependent children under part A or E

11 of title IV of the Social Security Act.

12 (C) SOCIAL SERVICES BLOCK GRANT.—The

13 program of block grants to States for social

14 services under title XX of the Social Security

15 Act.

16 (D) MEDICAID.—The program of medical

17 assistance under title XIX of the Social Secu18 rity Act.

19 (E) FOOD STAMPS.—The program under

20 the Food Stamp Act of 1977.

21 (F) HOUSING ASSISTANCE.—Financial as22 sistance as defined in section 214(b) of the

23 Housing and Community Development Act of

24 1980.
279

HR 2202 PCS

1 (3) DOCUMENTS THAT SHOW PROOF OF IDEN2 TITY.—

3 (A) IN GENERAL.—Any one of the docu4 ments described in subparagraph (B) may be

5 used as proof of identity under this subsection

6 if the document is current and valid. No other

7 document or documents shall be sufficient to

8 prove identity.

9 (B) DOCUMENTS DESCRIBED.—The docu10 ments described in this subparagraph are the

11 following:

12 (i) A United States passport (either

13 current or expired if issued both within the

14 previous 20 years and after the individual

15 attained 18 years of age).

16 (ii) A resident alien card.

17 (iii) A State driver’s license, if pre18 sented with the individual’s social security

19 account number card.

20 (iv) A State identity card, if presented

21 with the individual’s social security account

22 number card.

23 (d) AUTHORIZATION FOR STATES TO REQUIRE

24 PROOF OF ELIGIBILITY FOR STATE PROGRAMS.—In con25 sidering an application for contracts, grants, loans, li-
280

HR 2202 PCS

1 censes, or public assistance under any State program, a

2 State is authorized to require the applicant to provide

3 proof of eligibility to be considered for such State con4 tracts, grants, loans, licenses, or public assistance.

5 (e) EXCEPTION FOR BATTERED ALIENS.—

6 (1) EXCEPTION.—The limitations on eligibility

7 for benefits under subsection (a) or (b) shall not

8 apply to an alien if—

9 (A)(i) the alien has been battered or sub10 ject to extreme cruelty in the United States by

11 a spouse or parent, or by a member of the

12 spouse or parent’s family residing in the same

13 household as the alien and the spouse or parent

14 consented or acquiesced to such battery or cru15 elty, or

16 (ii) the alien’s child has been battered or

17 subject to extreme cruelty in the United States

18 by a spouse or parent of the alien (without the

19 active participation of the alien in the battery

20 or extreme cruelty) or by a member of the

21 spouse or parent’s family residing in the same

22 household as the alien when the spouse or par23 ent consented or acquiesced to, and the alien

24 did not actively participate in, such battery or

25 cruelty; and
281

HR 2202 PCS

1 (B)(i) the alien has petitioned (or petitions

2 within 45 days after the first application for as3 sistance subject to the limitations under sub4 section (a) or (b)) for—

5 (I) status as a spouse or child of a

6 United States citizen pursuant to clause

7 (ii), (iii), or (iv) of section 204(a)(1)(A) of

8 the Immigration and Nationality Act,

9 (II) classification pursuant to clauses

10 (ii) or (iii) of section 204(a)(1)(B) of such

11 Act, or

12 (III) cancellation of removal and ad13 justment of status pursuant to section

14 240A(b)(2) of such Act ; or

15 (ii) the alien is the beneficiary of a petition

16 filed for status as a spouse or child of a United

17 States citizen pursuant to clause (i) of section

18 204(a)(1)(A) of the Immigration and National19 ity Act, or of a petition filed for classification

20 pursuant to clause (i) of section 204(a)(1)(B)

21 of such Act.

22 (2) TERMINATION OF EXCEPTION.—The excep23 tion under paragraph (1) shall terminate if no com24 plete petition which sets forth a prima facie case is
282

HR 2202 PCS

1 filed pursuant to the requirement of paragraph

2 (1)(B) or (1)(C) or when an petition is denied.

3 SEC. 602. MAKING UNAUTHORIZED ALIENS INELIGIBLE

4 FOR UNEMPLOYMENT BENEFITS.

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, no unemployment benefits shall be payable

7 (in whole or in part) out of Federal funds to the extent

8 the benefits are attributable to any employment of the

9 alien in the United States for which the alien was not

10 granted employment authorization pursuant to Federal

11 law.

12 (b) PROCEDURES.—Entities responsible for providing

13 unemployment benefits subject to the restrictions of this

14 section shall make such inquiries as may be necessary to

15 assure that recipients of such benefits are eligible consist16 ent with this section.

17 SEC. 603. GENERAL EXCEPTIONS.

18 Sections 601 and 602 shall not apply to the following:

19 (1) EMERGENCY MEDICAL SERVICES.—The pro20 vision of emergency medical services (as defined by

21 the Attorney General in consultation with the Sec22 retary of Health and Human Services).

23 (2) PUBLIC HEALTH IMMUNIZATIONS.—Public

24 health assistance for immunizations with respect to

25 immunizable diseases and for testing and treatment
283

HR 2202 PCS

1 of symptoms of communicable diseases, whether or

2 not such symptoms are actually caused by a commu3 nicable disease.

4 (3) SHORT-TERM EMERGENCY RELIEF.—The

5 provision of non-cash, in-kind, short-term emergency

6 relief.

7 (4) FAMILY VIOLENCE SERVICES.—The provi8 sion of any services directly related to assisting the

9 victims of domestic violence or child abuse.

10 (5) SCHOOL LUNCH ACT.—Programs carried

11 out under the National School Lunch Act (and any

12 successor to such a program as identified by the At13 torney General in consultation with other appro14 priate officials).

15 (6) CHILD NUTRITION ACT.—Programs of as16 sistance under the Child Nutrition Act of 1966 (and

17 any successor to such a program as identified by the

18 Attorney General in consultation with other appro19 priate officials).

20 (7) HEAD START PROGRAM.—Benefits under

21 the Head Start Act.

22 SEC. 604. TREATMENT OF EXPENSES SUBJECT TO EMER23 GENCY MEDICAL SERVICES EXCEPTION.

24 (a) IN GENERAL.—Subject to such amounts as are

25 provided in advance in appropriation Acts, each State or
284

HR 2202 PCS

1 local government that provides emergency medical services

2 (as defined for purposes of section 603(1)) through a pub3 lic hospital or other public facility (including a nonprofit

4 hospital that is eligible for an additional payment adjust5 ment under section 1886 of the Social Security Act) or

6 through contract with another hospital or facility to an

7 individual who is an alien not lawfully present in the Unit8 ed States is entitled to receive payment from the Federal

9 Government of its costs of providing such services, but

10 only to the extent that such costs are not otherwise reim11 bursed through any other Federal program and cannot be

12 recovered from the alien or another person.

13 (b) CONFIRMATION OF IMMIGRATION STATUS RE14 QUIRED.—No payment shall be made under this section

15 with respect to services furnished to an individual unless

16 the identity and immigration status of the individual has

17 been verified with the Immigration and Naturalization

18 Service in accordance with procedures established by the

19 Attorney General.

20 (c) ADMINISTRATION.—This section shall be adminis21 tered by the Attorney General, in consultation with the

22 Secretary of Health and Human Services.

23 (d) EFFECTIVE DATE.—Subsection (a) shall not

24 apply to emergency medical services furnished before Oc25 tober 1, 1995.
285

HR 2202 PCS

1 SEC. 605. REPORT ON DISQUALIFICATION OF ILLEGAL

2 ALIENS FROM HOUSING ASSISTANCE PRO3 GRAMS.

4 Not later than 90 days after the date of the enact5 ment of this Act, the Secretary of Housing and Urban

6 Development shall submit a report to the Committees on

7 the Judiciary of the House of Representatives and of the

8 Senate, the Committee on Banking of the House of Rep9 resentatives, and the Committee on Banking, Housing,

10 and Urban Affairs of the Senate, describing the manner

11 in which the Secretary is enforcing section 214 of the

12 Housing and Community Development Act of 1980. The

13 report shall contain statistics with respect to the number

14 of aliens denied financial assistance under such section.

15 SEC. 606. VERIFICATION OF STUDENT ELIGIBILITY FOR

16 POSTSECONDARY FEDERAL STUDENT FINAN17 CIAL ASSISTANCE.

18 No student shall be eligible for postsecondary Federal

19 student financial assistance unless the student has cer20 tified that the student is a citizen or national of the United

21 States or an alien lawfully admitted for permanent resi22 dence and the Secretary of Education has verified such

23 certification through an appropriate procedure determined

24 by the Attorney General.
286

HR 2202 PCS

1 SEC. 607. PAYMENT OF PUBLIC ASSISTANCE BENEFITS.

2 In carrying out this part, the payment or provision

3 of benefits (other than those described in section 603

4 under a program of assistance described in section

5 601(a)(1)) shall be made only through an individual or

6 person who is not ineligible to receive such benefits under

7 such program on the basis of immigration status pursuant

8 to the requirements and limitations of this part.

9 SEC. 608. DEFINITIONS.

10 For purposes of this part:

11 (1) LAWFUL PRESENCE.—The determination of

12 whether an alien is lawfully present in the United

13 States shall be made in accordance with regulations

14 of the Attorney General. An alien shall not be con15 sidered to be lawfully present in the United States

16 for purposes of this title merely because the alien

17 may be considered to be permanently residing in the

18 United States under color of law for purposes of any

19 particular program.

20 (2) STATE.—The term ‘‘State’’ includes the

21 District of Columbia, Puerto Rico, the Virgin Is22 lands, Guam, the Northern Mariana Islands, and

23 American Samoa.

24 SEC. 609. REGULATIONS AND EFFECTIVE DATES.

25 (a) REGULATIONS.—The Attorney General shall first

26 issue regulations to carry out this part (other than section
287

HR 2202 PCS

1 605) by not later than 60 days after the date of the enact2 ment of this Act. Such regulations shall take effect on an

3 interim basis, pending change after opportunity for public

4 comment.

5 (b) EFFECTIVE DATE FOR RESTRICTIONS ON ELIGI6 BILITY FOR PUBLIC BENEFITS.—(1) Except as provided

7 in this subsection, section 601 shall apply to benefits pro8 vided, contracts or loan agreements entered into, and pro9 fessional and commercial licenses issued (or renewed) on

10 or after such date as the Attorney General specifies in reg11 ulations under subsection (a). Such date shall be at least

12 30 days, and not more than 60 days, after the date the

13 Attorney General first issues such regulations.

14 (2) The Attorney General, in carrying out section

15 601(a)(2), may permit such section to be waived in the

16 case of individuals for whom an application for the grant,

17 contract, loan, or license is pending (or approved) as of

18 a date that is on or before the effective date specified

19 under paragraph (1).

20 (c) EFFECTIVE DATE FOR RESTRICTIONS ON ELIGI21 BILITY FOR UNEMPLOYMENT BENEFITS.—(1) Except as

22 provided in this subsection, section 602 shall apply to un23 employment benefits provided on or after such date as the

24 Attorney General specifies in regulations under subsection

25 (a). Such date shall be at least 30 days, and not more
288

HR 2202 PCS

1 than 60 days, after the date the Attorney General first

2 issues such regulations.

3 (2) The Attorney General, in carrying out section

4 602, may permit such section to be waived in the case

5 of an individual during a continuous period of unemploy6 ment for whom an application for unemployment benefits

7 is pending as of a date that is on or before the effective

8 date specified under paragraph (1).

9 (d) BROAD DISSEMINATION OF INFORMATION.—Be10 fore the effective dates specified in subsections (b) and (c),

11 the Attorney General shall broadly disseminate informa12 tion regarding the restrictions on eligibility established

13 under this part.

14 PART 2—HOUSING ASSISTANCE

15 SEC. 611. ACTIONS IN CASES OF TERMINATION OF FINAN16 CIAL ASSISTANCE.

17 (a) IN GENERAL.—Section 214(c)(1) of the Housing

18 and Community Development Act of 1980 (42 U.S.C.

19 1436a(c)(1)) is amended—

20 (1) in the matter preceding subparagraph (A),

21 by striking ‘‘may, in its discretion,’’ and inserting

22 ‘‘shall’’;

23 (2) in subparagraph (A), by inserting after the

24 period at the end the following new sentence: ‘‘Fi25 nancial assistance continued under this subpara-
289

HR 2202 PCS

1 graph for a family may be provided only on a pro2 rated basis under which the amount of financial as3 sistance is based on the percentage of the total num4 ber of members of the family that are eligible for

5 such assistance under the program for financial as6 sistance and this section.’’; and

7 (3) in subparagraph (B), by striking ‘‘6-month

8 period’’ and all that follows through ‘‘affordable

9 housing’’ and inserting ‘‘single 3-month period’’.

10 (b) SCOPE OF APPLICATION.—The amendment made

11 by subsection (a)(3) shall apply to any deferral granted

12 under section 214(c)(1)(B) of the Housing and Commu13 nity Development Act of 1980 on or after the date of the

14 enactment of this Act, including any renewal of any defer15 ral initially granted before such date of enactment, except

16 that a public housing agency or other entity referred to

17 in such section 214(c)(1)(B) may not renew, after such

18 date of enactment, any deferral which was granted under

19 such section before such date and has been effective for

20 at least 3 months on and after such date.

21 SEC. 612. VERIFICATION OF IMMIGRATION STATUS AND

22 ELIGIBILITY FOR FINANCIAL ASSISTANCE.

23 Section 214(d) of the Housing and Community De24 velopment Act of 1980 (42 U.S.C. 1436a(d)) is amend25 ed—
290

HR 2202 PCS

1 (1) in the matter preceding paragraph (1), by

2 inserting ‘‘or to be’’ after ‘‘being’’;

3 (2) in paragraph (1)(A), by inserting at the end

4 the following new sentences: ‘‘If the declaration

5 states that the individual is not a citizen or national

6 of the United States, the declaration shall be verified

7 by the Immigration and Naturalization Service. If

8 the declaration states that the individual is a citizen

9 or national of the United States, the Secretary shall

10 request verification of the declaration by requiring

11 presentation of documentation the Secretary consid12 ers appropriate, including a social security card, cer13 tificate of birth, driver’s license, or other documenta14 tion.’’;

15 (3) in paragraph (2)—

16 (A) in the matter preceding subparagraph

17 (A), by striking ‘‘on the date of the enactment

18 of the Housing and Community Development

19 Act of 1987’’ and inserting ‘‘or applying for fi20 nancial assistance’’; and

21 (B) by inserting at the end the following

22 new sentence:

23 ‘‘In the case of an individual applying for financial

24 assistance, the Secretary may not provide such as25 sistance for the benefit of the individual before such
291

HR 2202 PCS

1 documentation is presented and verified under para2 graph (3) or (4).’’;

3 (4) in paragraph (4)—

4 (A) in the matter preceding subparagraph

5 (A), by striking ‘‘on the date of the enactment

6 of the Housing and Community Development

7 Act of 1987’’ and inserting ‘‘or applying for fi8 nancial assistance’’;

9 (B) in subparagraph (A)—

10 (i) in clause (i)—

11 (I) by inserting ‘‘, not to exceed

12 30 days,’’ after ‘‘reasonable oppor13 tunity’’; and

14 (II) by striking ‘‘and’’ at the end;

15 and

16 (ii) by striking clause (ii) and insert17 ing the following new clauses:

18 ‘‘(ii) in the case of any individual who

19 is already receiving assistance, may not

20 delay, deny, reduce, or terminate the indi21 vidual’s eligibility for financial assistance

22 on the basis of the individual’s immigra23 tion status until such 30-day period has

24 expired, and
292

HR 2202 PCS

1 ‘‘(iii) in the case of any individual who

2 is applying for financial assistance, may

3 not deny the application for such assist4 ance on the basis of the individual’s immi5 gration status until such 30-day period has

6 expired; and’’; and

7 (C) in subparagraph (B), by striking clause

8 (ii) and inserting the following new clause:

9 ‘‘(ii) pending such verification or ap10 peal, the Secretary may not—

11 ‘‘(I) in the case of any individual

12 who is already receiving assistance,

13 delay, deny, reduce, or terminate the

14 individual’s eligibility for financial as15 sistance on the basis of the individ16 ual’s immigration status, and

17 ‘‘(II) in the case of any individ18 ual who is applying for financial as19 sistance, deny the application for such

20 assistance on the basis of the individ21 ual’s immigration status, and’’;

22 (5) in paragraph (5), by striking all that follows

23 ‘‘satisfactory immigration status’’ and inserting the

24 following: ‘‘, the Secretary shall—
293

HR 2202 PCS

1 ‘‘(A) deny the individual’s application for

2 financial assistance or terminate the individ3 ual’s eligibility for financial assistance, as the

4 case may be; and

5 ‘‘(B) provide the individual with written

6 notice of the determination under this para7 graph.’’; and

8 (6) by striking paragraph (6) and inserting the

9 following new paragraph:

10 ‘‘(6) The Secretary shall terminate the eligi11 bility for financial assistance of an individual and

12 the members of the household of the individual, for

13 a period of not less than 24 months, upon determin14 ing that such individual has knowingly permitted an15 other individual who is not eligible for such assist16 ance to use the assistance (including residence in the

17 unit assisted).’’.

18 SEC. 613. PROHIBITION OF SANCTIONS AGAINST ENTITIES

19 MAKING FINANCIAL ASSISTANCE ELIGI20 BILITY DETERMINATIONS.

21 Section 214(e)(4) of the Housing and Community

22 Development Act of 1980 (42 U.S.C. 1436a(e)(4)) is

23 amended—

24 (1) in paragraph (2), by inserting ‘‘or’’ at the

25 end;
294

HR 2202 PCS

1 (2) in paragraph (3), by striking ‘‘, or’’ at the

2 end and inserting a period; and

3 (3) by striking paragraph (4).

4 SEC. 614. REGULATIONS.

5 (a) ISSUANCE.—Not later than the expiration of the

6 60-day period beginning on the date of the enactment of

7 this Act, the Secretary of Housing and Urban Develop8 ment shall issue any regulations necessary to implement

9 the amendments made by this part. Such regulations shall

10 be issued in the form of an interim final rule, which shall

11 take effect upon issuance and shall not be subject to the

12 provisions of section 533 of title 5, United States Code,

13 regarding notice or an opportunity for comment.

14 (b) FAILURE TO ISSUE.—If the Secretary fails to

15 issue the regulations required under subsection (a) before

16 the expiration of the period referred to in such subsection,

17 the regulations relating to restrictions on assistance to

18 noncitizens, contained in the final rule issued by the Sec19 retary of Housing and Urban Development in RIN 2501–

20 AA63 (Docket No. R-95–1409; FR–2383–F–050), pub21 lished in the Federal Register of March 20, 1995 (Vol.

22 60., No. 53; pp. 14824–14861), shall not apply after the

23 expiration of such period.
295

HR 2202 PCS

1 PART 3—PUBLIC EDUCATION BENEFITS

2 SEC. 616. AUTHORIZING STATES TO DENY PUBLIC EDU3 CATION BENEFITS TO ALIENS NOT LAW4 FULLY PRESENT IN THE UNITED STATES.

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

6 Act, as amended by section 321(a)(2), is amended by add7 ing at the end the following new title:

8 ‘‘TITLE VI—DISQUALIFICATION OF ALIENS NOT

9 LAWFULLY PRESENT IN THE UNITED

10 STATES FROM CERTAIN PROGRAM

11 ‘‘CONGRESSIONAL POLICY REGARDING INELIGIBILITY OF

12 ALIENS NOT LAWFULLY PRESENT IN THE UNITED

13 STATES FOR PUBLIC EDUCATION BENEFITS

14 ‘‘SEC. 601. (a) Because Congress views that the right

15 to a free public education for aliens who are not lawfully

16 present in the United States promotes violations of the

17 immigration laws and because such a free public education

18 for such aliens creates a significant burden on States’

19 economies and depletes States’ limited educational re20 sources, Congress declares it to be the policy of the United

21 States that—

22 ‘‘(1) aliens who are not lawfully present in the

23 United States not be entitled to public education

24 benefits in the same manner as United States citi25 zens and lawful resident aliens; and
296

HR 2202 PCS

1 ‘‘(2) States should not be obligated to provide

2 public education benefits to aliens who are not law3 fully present in the United States.

4 ‘‘(b) Nothing in this section shall be construed as ex5 pressing any statement of Federal policy with regard to—

6 ‘‘(1) aliens who are lawfully present in the

7 United States, or

8 ‘‘(2) benefits other than public education bene9 fits provided under State law.

10 ‘‘AUTHORITY OF STATES

11 ‘‘SEC. 602. (a) In order to carry out the policies de12 scribed in section 601, each State may provide that an

13 alien who is not lawfully present in the United States is

14 not eligible for public education benefits in the State or,

15 at the option of the State, may be treated as a non-resi16 dent of the State for purposes of provision of such

17 benefits.

18 ‘‘(b) For purposes of subsection (a), an individual

19 shall be considered to be not lawfully present in the United

20 States unless the individual (or, in the case of an individ21 ual who is a child, another on the child’s behalf)—

22 ‘‘(1) declares in writing under penalty of per23 jury that the individual (or child) is a citizen or na24 tional of the United States and (if required by a

25 State) presents evidence of United States citizenship

26 or nationality; or
297

HR 2202 PCS

1 ‘‘(2)(A) declares in writing under penalty of

2 perjury that the individual (or child) is not a citizen

3 or national of the United States but is lawfully

4 present in the United States, and

5 ‘‘(B) presents either—

6 ‘‘(i) alien registration documentation or

7 other proof of immigration registration from

8 the Service, or

9 ‘‘(ii) such other documents as the State de10 termines constitutes reasonable evidence indi11 cating that the individual (or child) is lawfully

12 present in the United States.

13 If the documentation described in paragraph (2)(B)(i) is

14 presented, the State may (at its option) verify with the

15 Service the alien’s immigration status through a system

16 described in section 1137(d)(3) of the Social Security Act

17 (42 U.S.C. 1320b–7(d)(3)).

18 ‘‘(c) If a State denies public education benefits under

19 this section with respect to an alien, the State shall pro20 vide the alien with an opportunity for a fair hearing to

21 establish that the alien is lawfully present in the United

22 States, consistent with subsection (b) and Federal immi23 gration law.’’.
298

HR 2202 PCS

1 (b) CLERICAL AMENDMENT.—The table of contents,

2 as amended by section 321(a)(1), is amended by adding

3 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.’’.

4 (c) EFFECTIVE DATE.—The amendments made by

5 this section shall take effect as of the date of the enact6 ment of this Act.

7 Subtitle B—Expansion of Disquali8 fication From Immigration Ben9 efits on the Basis of Public

10 Charge

11 SEC. 621. GROUND FOR INADMISSIBILITY.

12 (a) IN GENERAL.—Paragraph (4) of section 212(a)

13 (8 U.S.C. 1182(a)) is amended to read as follows:

14 ‘‘(4) PUBLIC CHARGE.—

15 ‘‘(A) FAMILY-SPONSORED IMMIGRANTS.—

16 Any alien who seeks admission or adjustment of

17 status under a visa number issued under sec18 tion 203(a), who cannot demonstrate to the

19 consular officer at the time of application for a

20 visa, or to the Attorney General at the time of

21 application for admission or adjustment of sta22 tus, that the alien’s age, health, family status,
299

HR 2202 PCS

1 assets, resources, financial status, education,

2 skills, or a combination thereof, and an affida3 vit of support described in section 213A, make

4 it unlikely that the alien will become a public

5 charge (as determined under section

6 241(a)(5)(B)) is inadmissible.

7 ‘‘(B) CERTAIN EMPLOYMENT-BASED IMMI8 GRANTS.—Any alien who seeks admission or ad9 justment of status under a visa number issued

10 under section 203(b) by virtue of a classifica11 tion petition filed by a relative of the alien (or

12 by an entity in which such relative has a signifi13 cant ownership interest) is inadmissible unless

14 such relative has executed an affidavit of sup15 port described in section 213A with respect to

16 such alien.’’.

17 (b) EFFECTIVE DATE.—(1) Subject to paragraph

18 (2), the amendment made by subsection (a) shall apply

19 to applications submitted on or after such date, not earlier

20 than 30 days and not later than 60 days after the date

21 the Attorney General promulgates under section 632(f) a

22 standard form for an affidavit of support, as the Attorney

23 General shall specify.

24 (2) Section 212(a)(4)(C)(i) of the Immigration and

25 Nationality Act, as amended by subsection (a), shall apply
300

HR 2202 PCS

1 only to aliens seeking admission or adjustment of status

2 under a visa number issued on or after October 1, 1996.

3 SEC. 622. GROUND FOR DEPORTABILITY.

4 (a) IN GENERAL.—Paragraph (5) of subsection (a)

5 of section 241 (8 U.S.C. 1251(a)), before redesignation

6 as section 237 by section 305(a)(2), is amended to read

7 as follows:

8 ‘‘(5) PUBLIC CHARGE.—

9 ‘‘(A) IN GENERAL.—Any alien who, within

10 7 years after the date of entry or admission, be11 comes a public charge is deportable.

12 ‘‘(B) EXCEPTIONS.—(i) Subparagraph (A)

13 shall not apply if the alien establishes that the

14 alien has become a public charge from causes

15 that arose after entry or admission. A condition

16 that the alien knew (or had reason to know) ex17 isted at the time of entry or admission shall be

18 deemed to be a cause that arose before entry or

19 admission.

20 ‘‘(ii) The Attorney General, in the discre21 tion of the Attorney General, may waive the ap22 plication of subparagraph (A) in the case of an

23 alien who is admitted as a refugee under sec24 tion 207 or granted asylum under section 208.
301

HR 2202 PCS

1 ‘‘(C) INDIVIDUALS TREATED AS PUBLIC

2 CHARGE.—

3 ‘‘(i) IN GENERAL.—For purposes of

4 this title, an alien is deemed to be a ‘public

5 charge’ if the alien receives benefits (other

6 than benefits described in subparagraph

7 (E)) under one or more of the public as8 sistance programs described in subpara9 graph (D) for an aggregate period, except

10 as provided in clauses (ii) and (iii), of at

11 least 12 months within 7 years after the

12 date of entry. The previous sentence shall

13 not be construed as excluding any other

14 bases for considering an alien to be a pub15 lic charge, including bases in effect on the

16 day before the date of the enactment of the

17 Immigration in the National Interest Act

18 of 1996. The Attorney General, in con19 sultation with the Secretary of Health and

20 Human Services, shall establish rules re21 garding the counting of health benefits de22 scribed in subparagraph (D)(iv) for pur23 poses of this subparagraph.

24 ‘‘(ii) DETERMINATION WITH RESPECT

25 TO BATTERED WOMEN AND CHILDREN.—
302

HR 2202 PCS

1 For purposes of a determination under

2 clause (i) and except as provided in clause

3 (iii), the aggregate period shall be 48

4 months within 7 years after the date of

5 entry if the alien can demonstrate that (I)

6 the alien has been battered or subject to

7 extreme cruelty in the United States by a

8 spouse or parent, or by a member of the

9 spouse or parent’s family residing in the

10 same household as the alien and the

11 spouse or parent consented or acquiesced

12 to such battery or cruelty, or (II) the

13 alien’s child has been battered or subject

14 to extreme cruelty in the United States by

15 a spouse or parent of the alien (without

16 the active participation of the alien in the

17 battery or extreme cruelty), or by a mem18 ber of the spouse or parent’s family resid19 ing in the same household as the alien

20 when the spouse or parent consented or ac21 quiesced to and the alien did not actively

22 participate in such battery or cruelty, and

23 the need for the public benefits received

24 has a substantial connection to the battery
303

HR 2202 PCS

1 or cruelty described in subclause (I) or

2 (II).

3 ‘‘(iii) SPECIAL RULE FOR ONGOING

4 BATTERY OR CRUELTY.—For purposes of a

5 determination under clause (i), the aggre6 gate period may exceed 48 months within

7 7 years after the date of entry if the alien

8 can demonstrate that any battery or cru9 elty under clause (ii) is ongoing, has led to

10 the issuance of an order of a judge or an

11 administrative law judge or a prior deter12 mination of the Service, and that the need

13 for the benefits received has a substantial

14 connection to such battery or cruelty.

15 ‘‘(D) PUBLIC ASSISTANCE PROGRAMS.—

16 For purposes of subparagraph (B), the public

17 assistance programs described in this subpara18 graph are the following (and include any suc19 cessor to such a program as identified by the

20 Attorney General in consultation with other ap21 propriate officials):

22 ‘‘(i) SSI.—The supplemental security

23 income program under title XVI of the So24 cial Security Act, including State supple-
304

HR 2202 PCS

1 mentary benefits programs referred to in

2 such title.

3 ‘‘(ii) AFDC.—The program of aid to

4 families with dependent children under

5 part A or E of title IV of the Social Secu6 rity Act.

7 ‘‘(iii) MEDICAID.—The program of

8 medical assistance under title XIX of the

9 Social Security Act.

10 ‘‘(iv) FOOD STAMPS.—The program

11 under the Food Stamp Act of 1977.

12 ‘‘(v) STATE GENERAL CASH ASSIST13 ANCE.—A program of general cash assist14 ance of any State or political subdivision of

15 a State.

16 ‘‘(vi) HOUSING ASSISTANCE.—Finan17 cial assistance as defined in section 214(b)

18 of the Housing and Community Develop19 ment Act of 1980.

20 ‘‘(E) CERTAIN ASSISTANCE EXCEPTED.—

21 For purposes of subparagraph (B), an alien

22 shall not be considered to be a public charge on

23 the basis of receipt of any of the following bene24 fits:
305

HR 2202 PCS

1 ‘‘(i) EMERGENCY MEDICAL SERV2 ICES.—The provision of emergency medical

3 services (as defined by the Attorney Gen4 eral in consultation with the Secretary of

5 Health and Human Services).

6 ‘‘(ii) PUBLIC HEALTH IMMUNIZA7 TIONS.—Public health assistance for im8 munizations with respect to immunizable

9 diseases and for testing and treatment for

10 communicable diseases.

11 ‘‘(iii) SHORT-TERM EMERGENCY RE12 LIEF.—The provision of non-cash, in-kind,

13 short-term emergency relief.’’.

14 (b) EFFECTIVE DATE.—(1) The amendment made by

15 subsection (a) shall take effect as of the first day of the

16 first month beginning at least 30 days after the date of

17 the enactment of this Act.

18 (2) In applying section 241(a)(5)(C) of the Immigra19 tion and Nationality Act (which is subsequently redesig20 nated as section 237(a)(5)(C) of such Act), as amended

21 by subsection (a), no receipt of benefits under a public

22 assistance program before the effective date described in

23 paragraph (1) shall be taken into account.
306

HR 2202 PCS

1 Subtitle C—Attribution of Income

2 and Affidavits of Support

3 SEC. 631. ATTRIBUTION OF SPONSOR’S INCOME AND RE4 SOURCES TO FAMILY-SPONSORED IMMI5 GRANTS.

6 (a) FEDERAL PROGRAMS.—

7 (1) IN GENERAL.—Notwithstanding any other

8 provision of law (except as provided in paragraph

9 (2)), in determining the eligibility and the amount of

10 benefits of an alien for any Federal means-tested

11 public benefits program (as defined in subsection

12 (d)) the income and resources of the alien shall be

13 deemed to include—

14 (A) the income and resources of any indi15 vidual who executed an affidavit of support pur16 suant to section 213A of the Immigration and

17 Nationality Act (as inserted by section 632(a))

18 in behalf of such alien, and

19 (B) the income and resources of the spouse

20 (if any) of the individual.

21 (2) EXCEPTIONS.—Paragraph (1) shall not

22 apply to the following:

23 (A) Medical assistance provided for emer24 gency medical services under title XIX of the

25 Social Security Act.
307

HR 2202 PCS

1 (B) The provision of short-term, non-cash,

2 in kind emergency relief.

3 (C) Benefits under the National School

4 Lunch Act.

5 (D) Assistance under the Child Nutrition

6 Act of 1966.

7 (E) Public health assistance for immuniza8 tions with respect to immunizable diseases and

9 for testing and treatment for communicable dis10 eases.

11 (F) The provision of services directly relat12 ed to assisting the victims of domestic violence

13 or child abuse.

14 (G) Benefits under programs of student

15 assistance under titles IV, V, IX, and X of the

16 Higher Education Act of 1965 and titles III,

17 VII, and VIII of the Public Health Service Act.

18 (H) Benefits under means-tested programs

19 under the Elementary and Secondary Education

20 Act of 1965.

21 (I) Benefits under the Head Start Act.

22 (b) PERIOD OF ATTRIBUTION.—

23 (1) PARENTS OF UNITED STATES CITIZENS AND

24 ADULT SONS AND DAUGHTERS OF CITIZENS AND

25 PERMANENT RESIDENTS.—Subsection (a) shall
308

HR 2202 PCS

1 apply with respect to an alien who is admitted to the

2 United States as the parent of a United States citi3 zen under section 201(b)(2) of the Immigration and

4 Nationality Act, or as the son or daughter of a citi5 zen or lawful permanent resident under paragraph

6 (1) or (3) of section 203(a) of such Act, until the

7 alien is naturalized as a citizen of the United States.

8 (2) SPOUSES OF UNITED STATES CITIZENS AND

9 LAWFUL PERMANENT RESIDENTS.—Subsection (a)

10 shall apply with respect to an alien who is admitted

11 to the United States as the spouse of a United

12 States citizen or lawful permanent resident under

13 section 201(b)(2) of 203(a)(1) of the Immigration

14 and Nationality Act until—

15 (A) 7 years after the date the alien is law16 fully admitted to the United States for perma17 nent residence, or

18 (B) the alien is naturalized as a citizen of

19 the United States,

20 whichever occurs first.

21 (3) MINOR CHILDREN OF UNITED STATES CITI22 ZENS AND LAWFUL PERMANENT RESIDENTS.—Sub23 section (a) shall apply with respect to an alien who

24 is admitted to the United States as the minor child
309

HR 2202 PCS

1 of a United States citizen or lawful permanent resident

2 under section 201(b)(2) of 203(a)(1) of the Immigration

3 and Nationality Act until the child attains the age of 21

4 years or, if earlier, the date the child is naturalized as

5 a citizen of the United States.

6 (4) ATTRIBUTION OF SPONSOR’S INCOME AND

7 RESOURCES ENDED IF SPONSORED ALIEN BECOMES

8 ELIGIBLE FOR OLD-AGE BENEFITS UNDER TITLE II

9 OF THE SOCIAL SECURITY ACT.—

10 (A) Notwithstanding any other provision of

11 this section, subsection (a) shall not apply and

12 the period of attribution of a sponsor’s income

13 and resources under this subsection shall termi14 nate if the alien is able to prove to the satisfac15 tion of the Attorney General that the alien has

16 been employed for 40 qualifying quarters of

17 coverage as defined under title II of the Social

18 Security Act and the alien did not receive any

19 benefit under a means-tested public benefits

20 program of (or contributed to by) the Federal

21 Government during any such quarter.

22 (B) The Attorney General shall ensure

23 that appropriate information pursuant to sub24 paragraph (A) is provided to the System for

25 Alien Verification of Eligibility (SAVE).
310

HR 2202 PCS

1 (5) BATTERED WOMEN AND CHILDREN.—Not2 withstanding any other provision of this section, sub3 sections (a) and (c) shall not apply and the period

4 of attribution of the income and resources of any in5 dividual under paragraphs (1) or (2) of subsection

6 (a) or paragraph (1) shall not apply—

7 (A) for up to 48 months if the alien can

8 demonstrate that (i) the alien has been battered

9 or subject to extreme cruelty in the United

10 States by a spouse or parent, or by a member

11 of the spouse or parent’s family residing in the

12 same household as the alien and the spouse or

13 parent consented or acquiesced to such battery

14 or cruelty, or (ii) the alien’s child has been bat15 tered or subject to extreme cruelty in the Unit16 ed States by a spouse or parent of the alien

17 (without the active participation of the alien in

18 the battery or extreme cruelty), or by a member

19 of the spouse or parent’s family residing in the

20 same household as the alien when the spouse

21 or parent consented or acquiesced to and the

22 alien did not actively participate in such battery

23 or cruelty, and need for the public benefits ap24 plied for has a substantial connection to the
311

HR 2202 PCS

1 battery or cruelty described in clause (i) or (ii);

2 and

3 (B) for more than 48 months if the alien

4 can demonstrate that any battery or cruelty

5 under subparagraph (A) is ongoing, has led to

6 the issuance of an order of a judge or an ad7 ministrative law judge or a prior determination

8 of the Service, and that need for such benefits

9 has a substantial connection to such battery or

10 cruelty.

11 (c) OPTIONAL APPLICATION TO STATE PROGRAMS.—

12 (1) AUTHORITY.—Notwithstanding any other

13 provision of law, in determining the eligibility and

14 the amount of benefits of an alien for any State

15 means-tested public benefits program, the State or

16 political subdivision that offers the program is au17 thorized to provide that the income and resources of

18 the alien shall be deemed to include—

19 (A) the income and resources of any indi20 vidual who executed an affidavit of support pur21 suant to section 213A of the Immigration and

22 Nationality Act (as inserted by section 632(a))

23 in behalf of such alien, and

24 (B) the income and resources of the spouse

25 (if any) of the individual.
312

HR 2202 PCS

1 (2) PERIOD OF ATTRIBUTION.—The period of

2 attribution of a sponsor’s income and resources in

3 determining the eligibility and amount of benefits

4 for an alien under any State means-tested public

5 benefits program pursuant to paragraph (1) may not

6 exceed the Federal period of attribution with respect

7 to the alien.

8 (d) MEANS-TESTED PROGRAM DEFINED.—In this

9 section:

10 (1) The term ‘‘means-tested public benefits pro11 gram’’ means a program of public benefits (includ12 ing cash, medical, housing, and food assistance and

13 social services) of the Federal Government or of a

14 State or political subdivision of a State in which the

15 eligibility of an individual, household, or family eligi16 bility unit for benefits under the program, or the

17 amount of such benefits, or both are determined on

18 the basis of income, resources, or financial need of

19 the individual, household, or unit.

20 (2) The term ‘‘Federal means-tested public ben21 efits program’’ means a means-tested public benefits

22 program of (or contributed to by) the Federal Gov23 ernment.

24 (3) The term ‘‘State means-tested public bene25 fits program’’ means a means-tested public benefits
313

HR 2202 PCS

1 program that is not a Federal means-tested pro2 gram.

3 SEC. 632. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF

4 SUPPORT.

5 (a) IN GENERAL.—Title II is amended by inserting

6 after section 213 the following new section:

7 ‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT

8 ‘‘SEC. 213A. (a) ENFORCEABILITY.—(1) No affidavit

9 of support may be accepted by the Attorney General or

10 by any consular officer to establish that an alien is not

11 inadmissible as a public charge under section 212(a)(4)

12 unless such affidavit is executed by a sponsor of the alien

13 as a contract—

14 ‘‘(A) that is legally enforceable against the

15 sponsor by the Federal Government and by any

16 State (or any political subdivision of such State)

17 that provides any means-tested public benefits pro18 gram, subject to subsection (b)(4); and

19 ‘‘(B) in which the sponsor agrees to submit to

20 the jurisdiction of any Federal or State court for the

21 purpose of actions brought under subsection (b)(2).

22 ‘‘(2)(A) An affidavit of support shall be enforceable

23 with respect to benefits provided under any means-tested

24 public benefits program for an alien who is admitted to

25 the United States as the parent of a United States citizen
314

HR 2202 PCS

1 under section 201(b)(2) until the alien is naturalized as

2 a citizen of the United States.

3 ‘‘(B) An affidavit of support shall be enforceable with

4 respect to benefits provided under any means-tested public

5 benefits program for an alien who is admitted to the Unit6 ed States as the spouse of a United States citizen or lawful

7 permanent resident under section 201(b)(2) or 203(a)(2)

8 until—

9 ‘‘(i) 7 years after the date the alien is lawfully

10 admitted to the United States for permanent resi11 dence, or

12 ‘‘(ii) such time as the alien is naturalized as a

13 citizen of the United States,

14 whichever occurs first.

15 ‘‘(C) An affidavit of support shall be enforceable with

16 respect to benefits provided under any means-tested public

17 benefits program for an alien who is admitted to the Unit18 ed States as the minor child of a United States citizen

19 or lawful permanent resident under section 201(b)(2) or

20 section 203(a)(2) until the child attains the age of 21

21 years.

22 ‘‘(D)(i) Notwithstanding any other provision of this

23 subparagraph, a sponsor shall be relieved of any liability

24 under an affidavit of support if the sponsored alien is able

25 to prove to the satisfaction of the Attorney General that
315

HR 2202 PCS

1 the alien has been employed for 40 qualifying quarters of

2 coverage as defined under title II of the Social Security

3 Act and the alien did not receive any benefit under a

4 means-tested public benefits program of (or contributed

5 to by) the Federal Government during any such quarter.

6 ‘‘(ii) The Attorney General shall ensure that appro7 priate information pursuant to clause (i) is provided to

8 the System for Alien Verification of Eligibility (SAVE).

9 ‘‘(b) REIMBURSEMENT OF GOVERNMENT EX10 PENSES.—(1)(A) Upon notification that a sponsored alien

11 has received any benefit under any means-tested public

12 benefits program, the appropriate Federal, State, or local

13 official shall request reimbursement by the sponsor in the

14 amount of such assistance.

15 ‘‘(B) The Attorney General, in consultation with the

16 Secretary of Health and Human Services, shall prescribe

17 such regulations as may be necessary to carry out sub18 paragraph (A).

19 ‘‘(2) If within 45 days after requesting reimburse20 ment, the appropriate Federal, State, or local agency has

21 not received a response from the sponsor indicating a will22 ingness to commence payments, an action may be brought

23 against the sponsor pursuant to the affidavit of support.

24 ‘‘(3) If the sponsor fails to abide by the repayment

25 terms established by such agency, the agency may, within
316

HR 2202 PCS

1 60 days of such failure, bring an action against the spon2 sor pursuant to the affidavit of support.

3 ‘‘(4) No cause of action may be brought under this

4 subsection later than 10 years after the alien last received

5 any benefit under any means-tested public benefits pro6 gram.

7 ‘‘(5) If, pursuant to the terms of this subsection, a

8 Federal, State, or local agency requests reimbursement

9 from the sponsor in the amount of assistance provided,

10 or brings an action against the sponsor pursuant to the

11 affidavit of support, the appropriate agency may appoint

12 or hire an individual or other person to act on behalf of

13 such agency acting under the authority of law for purposes

14 of collecting any moneys owed. Nothing in this subsection

15 shall preclude any appropriate Federal, State, or local

16 agency from directly requesting reimbursement from a

17 sponsor for the amount of assistance provided, or from

18 bringing an action against a sponsor pursuant to an affi19 davit of support.

20 ‘‘(c) REMEDIES.—Remedies available to enforce an

21 affidavit of support under this section include any or all

22 of the remedies described in section 3201, 3203, 3204,

23 or 3205 of title 28, United States Code, as well as an

24 order for specific performance and payment of legal fees

25 and other costs of collection, and include corresponding
317

HR 2202 PCS

1 remedies available under State law. A Federal agency may

2 seek to collect amounts owed under this section in accord3 ance with the provisions of subchapter II of chapter 37

4 of title 31, United States Code.

5 ‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—(1)

6 The sponsor of an alien shall notify the Federal Govern7 ment and the State in which the sponsored alien is cur8 rently residing within 30 days of any change of address

9 of the sponsor during the period specified in subsection

10 (a)(1).

11 ‘‘(2) Any person subject to the requirement of para12 graph (1) who fails to satisfy such requirement shall be

13 subject to a civil penalty of—

14 ‘‘(A) not less than $250 or more than $2,000,

15 or

16 ‘‘(B) if such failure occurs with knowledge that

17 the sponsored alien has received any benefit under

18 any means-tested public benefits program, not less

19 than $2,000 or more than $5,000.

20 ‘‘(e) DEFINITIONS.—For the purposes of this sec21 tion—

22 ‘‘(1) SPONSOR.—The term ‘sponsor’ means,

23 with respect to an alien, an individual who—
318

HR 2202 PCS

1 ‘‘(A) is a citizen or national of the United

2 States or an alien who is lawfully admitted to

3 the United States for permanent residence;

4 ‘‘(B) is 18 years of age or over;

5 ‘‘(C) is domiciled in any State;

6 ‘‘(D) demonstrates, through presentation

7 of a certified copy of an individual’s Federal in8 come tax returns for the individual’s most re9 cent two taxable years and a written statement,

10 executed under oath or as permitted under pen11 alty of perjury under section 1746 of title 28,

12 United States Code, that the copies are accu13 rate copies of such returns, (i) the means to

14 maintain an annual income equal to at least

15 200 percent of the poverty level for the individ16 ual and the individual’s family (including the

17 alien and any other aliens with respect to whom

18 the individual is a sponsor), or (ii) for an indi19 vidual who is on active duty (other than active

20 duty for training) in the Armed Forces of the

21 United States, the means to maintain an an22 nual income equal to at least 100 percent of the

23 poverty level for the individual and the individ24 ual’s family including the alien and any other
319

HR 2202 PCS

1 aliens with respect to whom the individual is a

2 sponsor); and

3 ‘‘(E) is petitioning for the admission of the

4 alien under section 204 (or is an individual who

5 is a United States citizen and who accepts joint

6 and several liability with the petitioner).

7 ‘‘(2) FEDERAL POVERTY LINE.—The term

8 ‘Federal poverty line’ means the income official pov9 erty line (as defined in section 673(2) of the Com10 munity Services Block Grant Act) that is applicable

11 to a family of the size involved.

12 ‘‘(3) MEANS-TESTED PUBLIC BENEFITS PRO13 GRAM.—

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graph (B), the term ‘means-tested public bene16 fits program’ means a program of public bene17 fits (including cash, medical, housing, and food

18 assistance and social services) of the Federal

19 Government or of a State or political subdivi20 sion of a State in which the eligibility of an in21 dividual, household, or family eligibility unit for

22 benefits under the program, or the amount of

23 such benefits, or both are determined on the

24 basis of income, resources, or financial need of

25 the individual, household, or unit.
320

HR 2202 PCS

1 ‘‘(B) EXCEPTIONS.—Such term does not

2 include the following benefits:

3 ‘‘(i) Medical assistance provided for

4 emergency medical services under title XIX

5 of the Social Security Act.

6 ‘‘(ii) The provision of short-term, non7 cash, in kind emergency relief.

8 ‘‘(iii) Benefits under the National

9 School Lunch Act.

10 ‘‘(iv) Assistance under the Child Nu11 trition Act of 1966.

12 ‘‘(v) Public health assistance for im13 munizations with respect to immunizable

14 diseases and for testing and treatment for

15 communicable diseases.

16 ‘‘(vi) The provision of services directly

17 related to assisting the victims of domestic

18 violence or child abuse.

19 ‘‘(vii) Benefits under programs of stu20 dent assistance under titles IV, V, IX, and

21 X of the Higher Education Act of 1965

22 and titles III, VII, and VIII of the Public

23 Health Service Act.
321

HR 2202 PCS

1 ‘‘(viii) Benefits under means-tested

2 programs under the Elementary and Sec3 ondary Education Act of 1965.

4 ‘‘(ix) Benefits under the Head Start

5 Act.’’.

6 (b) REQUIREMENT OF AFFIDAVIT OF SUPPORT

7 FROM EMPLOYMENT SPONSORS.—For requirement for af8 fidavit of support from individuals who file classification

9 petitions for a relative as an employment-based immi10 grant, see the amendment made by section 621(a).

11 (c) SETTLEMENT OF CLAIMS PRIOR TO NATURALIZA12 TION.—Section 316 (8 U.S.C. 1427) is amended—

13 (1) in subsection (a), by striking ‘‘and’’ before

14 ‘‘(3)’’, and by inserting before the period at the end

15 the following: ‘‘, and (4) in the case of an applicant

16 that has received assistance under a means-tested

17 public benefits program (as defined in subsection

18 (f)(3) of section 213A) administered by a Federal,

19 State, or local agency and with respect to which

20 amounts may be owing under an affidavit of support

21 executed under such section, provides satisfactory

22 evidence that there are no outstanding amounts that

23 may be owed to any such Federal, State, or local

24 agency pursuant to such affidavit by the sponsor
322

HR 2202 PCS

1 who executed such affidavit, except as provided in

2 subsection (g)’’; and

3 (2) by adding at the end the following new sub4 section:

5 ‘‘(g) Clause (4) of subsection (a) shall not apply to

6 an applicant where the applicant can demonstrate that—

7 ‘‘(A) either—

8 ‘‘(i) the applicant has been battered or

9 subject to extreme cruelty in the United States

10 by a spouse or parent or by a member of the

11 spouse or parent’s family residing in the same

12 household as the applicant and the spouse or

13 parent consented or acquiesced to such battery

14 or cruelty, or

15 ‘‘(ii) the applicant’s child has been bat16 tered or subject to extreme cruelty in the Unit17 ed States by the applicant’s spouse or parent

18 (without the active participation of the appli19 cant in the battery or extreme cruelty), or by a

20 member of the spouse or parent’s family resid21 ing in the same household as the applicant

22 when the spouse or parent consented or acqui23 esced to and the applicant did not actively par24 ticipate in such battery or cruelty;
323

HR 2202 PCS

1 ‘‘(B) such battery or cruelty has led to the issu2 ance of an order of a judge or an administrative law

3 judge or a prior determination of the Service; and

4 ‘‘(C) the need for the public benefits received as

5 to which amounts are owing had a substantial con6 nection to the battery or cruelty described in sub7 paragraph (A).’’.

8 (d) CLERICAL AMENDMENT.—The table of contents

9 is amended by inserting after the item relating to section

10 213 the following:

‘‘Sec. 213A. Requirements for sponsor’s affidavit of support.’’.

11 (e) EFFECTIVE DATE.—Subsection (a) of section

12 213A of the Immigration and Nationality Act, as inserted

13 by subsection (a) of this section, shall apply to affidavits

14 of support executed on or after a date specified by the

15 Attorney General, which date shall be not earlier than 60

16 days (and not later than 90 days) after the date the Attor17 ney General formulates the form for such affidavits under

18 subsection (f) of this section.

19 (f) PROMULGATION OF FORM.—Not later than 90

20 days after the date of the enactment of this Act, the Attor21 ney General, in consultation with the Secretary of State

22 and the Secretary of Health and Human Services, shall

23 promulgate a standard form for an affidavit of support

24 consistent with the provisions of section 213A of the Im25 migration and Nationality Act.
324

HR 2202 PCS

1 SEC. 633. COSIGNATURE OF ALIEN STUDENT LOANS.

2 Section 484(b) of the Higher Education Act of 1965

3 (20 U.S.C. 1091(b)) is amended by adding at the end the

4 following new paragraph:

5 ‘‘(6) Notwithstanding sections 427(a)(2)(A),

6 428B(a), 428C(b)(4)(A), and 464(c)(1)(E), a student who

7 is an alien lawfully admitted under the Immigration and

8 Nationality Act, otherwise eligible for student financial as9 sistance under this title, and for whom an affidavit of sup10 port has been provided under section 213A of such Act

11 shall not be eligible for a loan under this title unless the

12 loan is endorsed and cosigned by the alien’s sponsor under

13 such section or by another credit-worthy individual who

14 is a citizen or national of the United States.’’.

15 SEC. 634. STATUTORY CONSTRUCTION.

16 Nothing in this title may be construed as an entitle17 ment or a determination of an individual’s eligibility or

18 fulfillment of the requisite requirements for any Federal,

19 State, or local governmental program, assistance, or bene20 fits. For purposes of this title, eligibility relates only to

21 the general issue of eligibility or ineligibility on the basis

22 of alienage.
325

HR 2202 PCS

1 TITLE VII—FACILITATION OF

2 LEGAL ENTRY

3 SEC. 701. ADDITIONAL LAND BORDER INSPECTORS; INFRA4 STRUCTURE IMPROVEMENTS.

5 (a) INCREASED PERSONNEL.—

6 (1) IN GENERAL.—In order to eliminate undue

7 delay in the thorough inspection of persons and vehi8 cles lawfully attempting to enter the United States,

9 the Attorney General shall increase, by approxi10 mately equal numbers in each of the fiscal years

11 1996 and 1997, the number of full-time land border

12 inspectors assigned to active duty by the Immigra13 tion and Naturalization Service to a level adequate

14 to assure full staffing during peak crossing hours of

15 all border crossing lanes now in use, under construc16 tion, or construction of which has been authorized

17 by Congress.

18 (2) DEPLOYMENT OF PERSONNEL.—The Attor19 ney General shall, to the maximum extent prac20 ticable, ensure that the personnel hired pursuant to

21 this subsection shall be deployed among the various

22 Immigration and Naturalization Service sectors in

23 proportion to the number of land border crossings

24 measured in each such sector during the preceding

25 fiscal year.
326

HR 2202 PCS

1 (b) IMPROVED INFRASTRUCTURE.—

2 (1) IN GENERAL.—The Attorney General from

3 time to time may identify those physical improve4 ments to the infrastructure of the international land

5 borders of the United States necessary to expedite

6 the inspection by the Immigration and Naturaliza7 tion Service of persons and vehicles attempting to

8 lawfully enter the United States in accordance with

9 existing policies and procedures of the Immigration

10 and Naturalization Service and the Drug Enforce11 ment Agency.

12 (2) PRIORITIES.—Such improvements to the in13 frastructure of the land border of the United States

14 shall be substantially completed and fully funded in

15 those portions of the United States where the Attor16 ney General, in consultation with the Committees on

17 the Judiciary of the House of Representatives and

18 the Senate, objectively determines the need to be

19 greatest or most immediate before the Attorney Gen20 eral may obligate funds for construction of any im21 provement otherwise located.

22 SEC. 702. COMMUTER LANE PILOT PROGRAMS.

23 (a) MAKING LAND BORDER INSPECTION FEE PER24 MANENT.—Section 286(q) (8 U.S.C. 1356(q)) is amend25 ed—
327

HR 2202 PCS

1 (1) in paragraph (1), by striking ‘‘a project’’

2 and inserting ‘‘projects’’;

3 (2) in paragraph (1), by striking ‘‘Such

4 project’’ and inserting ‘‘Such projects’’; and

5 (3) by striking paragraph (5).

6 (b) CONFORMING AMENDMENT.—The Departments

7 of Commerce, Justice, and State, the Judiciary, and Re8 lated Agencies Appropriation Act, 1994 (Public Law 103–

9 121, 107 Stat. 1161) is amended by striking the fourth

10 proviso under the heading ‘‘Immigration and Naturaliza11 tion Service, Salaries and Expenses’’.

12 SEC. 703. PREINSPECTION AT FOREIGN AIRPORTS.

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

14 Act is amended by inserting after section 235 the following

15 new section:

16 ‘‘PREINSPECTION AT FOREIGN AIRPORTS

17 ‘‘SEC. 235A. (a) ESTABLISHMENT OF PRE18 INSPECTION STATIONS.—(1) Subject to paragraph (4),

19 not later than 2 years after the date of the enactment of

20 this section, the Attorney General, in consultation with the

21 Secretary of State, shall establish and maintain

22 preinspection stations in at least 5 of the foreign airports

23 that are among the 10 foreign airports which the Attorney

24 General identifies as serving as last points of departure

25 for the greatest numbers of passengers who arrive from

26 abroad by air at ports of entry within the United States.
328

HR 2202 PCS

1 Such preinspection stations shall be in addition to any

2 preinspection stations established prior to the date of the

3 enactment of this section.

4 ‘‘(2) Not later than November 1, 1995, and each sub5 sequent November 1, the Attorney General shall compile

6 data identifying—

7 ‘‘(A) the foreign airports which served as last

8 points of departure for aliens who arrived by air at

9 United States ports of entry without valid docu10 mentation during the preceding fiscal years,

11 ‘‘(B) the number and nationality of such aliens

12 arriving from each such foreign airport, and

13 ‘‘(C) the primary routes such aliens followed

14 from their country of origin to the United States.

15 ‘‘(3) Subject to paragraph (4), not later than 4 years

16 after the date of enactment of this section, the Attorney

17 General, in consultation with the Secretary of State, shall

18 establish preinspection stations in at least 5 additional for19 eign airports which the Attorney General, in consultation

20 with the Secretary of State, determines based on the data

21 compiled under paragraph (2) and such other information

22 as may be available would most effectively reduce the

23 number of aliens who arrive from abroad by air at points

24 of entry within the United States without valid docu-
329

HR 2202 PCS

1 mentation. Such preinspection stations shall be in addition

2 to those established prior to or pursuant to paragraph (1).

3 ‘‘(4) Prior to the establishment of a preinspection

4 station the Attorney General, in consultation with the Sec5 retary of State, shall ensure that—

6 ‘‘(A) employees of the United States stationed

7 at the preinspection station and their accompanying

8 family members will receive appropriate protection,

9 ‘‘(B) such employees and their families will not

10 be subject to unreasonable risks to their welfare and

11 safety, and

12 ‘‘(C) the country in which the preinspection sta13 tion is to be established maintains practices and pro14 cedures with respect to asylum seekers and refugees

15 in accordance with the Convention Relating to the

16 Status of Refugees (done at Geneva, July 28, 1951),

17 or the Protocol Relating to the Status of Refugees

18 (done at New York, January 31, 1967).

19 ‘‘(b) ESTABLISHMENT OF CARRIER CONSULTANT

20 PROGRAM.—The Attorney General shall assign additional

21 immigration officers to assist air carriers in the detection

22 of fraudulent documents at foreign airports which, based

23 on the records maintained pursuant to subsection (a)(2),

24 served as a point of departure for a significant number

25 of arrivals at United States ports of entry without valid
330

HR 2202 PCS

1 documentation, but where no preinspection station ex2 ists.’’.

3 (b) CLERICAL AMENDMENT.—The table of contents,

4 as amended by section 308(a)(2), is further amended by

5 inserting after the item relating to section 235 the follow6 ing new item:

‘‘Sec. 235A. Preinspection at foreign airports.’’.

7 SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETEC8 TION OF FRAUDULENT DOCUMENTS.

9 (a) USE OF FUNDS.—Section 286(h)(2)(A) (8 U.S.C.

10 1356(h)(2)(A)) is amended—

11 (1) in clause (iv), by inserting ‘‘, including

12 training of, and technical assistance to, commercial

13 airline personnel regarding such detection’’ after

14 ‘‘United States’’, and

15 (2) by adding at the end the following:

16 ‘‘The Attorney General shall provide for expenditures for

17 training and assistance described in clause (iv) in an

18 amount, for any fiscal year, not less than 5 percent of

19 the total of the expenses incurred that are described in

20 the previous sentence.’’.

21 (b) COMPLIANCE WITH DETECTION REGULA22 TIONS.—Section 212(f) (8 U.S.C. 1182(f)) is amended by

23 adding at the end the following: ‘‘Whenever the Attorney

24 General finds that a commercial airline has failed to com25 ply with regulations of the Attorney General relating to
331

HR 2202 PCS

1 requirements of airlines for the detection of fraudulent

2 documents used by passengers traveling to the United

3 States (including the training of personnel in such detec4 tion), the Attorney General may suspend the entry of some

5 or all aliens transported to the United States by such air6 line.’’.

7 (c) EFFECTIVE DATES.—

8 (1) The amendments made by subsection (a)

9 shall apply to expenses incurred during or after fis10 cal year 1996.

11 (2) The Attorney General shall first issue, in

12 proposed form, regulations referred to in the second

13 sentence of section 212(f) of the Immigration and

14 Nationality Act, as added by the amendment made

15 by subsection (b), by not later than 90 days after

16 the date of the enactment of this Act.

17 TITLE VIII—MISCELLANEOUS

18 PROVISIONS

19 Subtitle A—Amendments to the

20 Immigration and Nationality Act

21 SEC. 801. NONIMMIGRANT STATUS FOR SPOUSES AND CHIL22 DREN OF MEMBERS OF THE ARMED SERV23 ICES.

24 Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amend25 ed—
332

HR 2202 PCS

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

2 (R),

3 (2) by striking the period at the end of sub4 paragraph (S) and inserting ‘‘; or’’, and

5 (3) by inserting after subparagraph (S) the fol6 lowing new subparagraph:

7 ‘‘(T) an alien who is the spouse or child of a

8 another alien who is serving on active duty in the

9 Armed Forces of the United States during the pe10 riod in which the other alien is stationed in the

11 United States.’’.

12 SEC. 802. AMENDED DEFINITION OF AGGRAVATED FELONY.

13 (a) IN GENERAL.—Section 101(a)(43) (8 U.S.C.

14 1101(a)(43)), as amended by section 222 of the Immigra15 tion and Nationality Technical Corrections Act of 1994

16 (Public Law 103–416), is amended—

17 (1) in subparagraph (N), by striking ‘‘of title

18 18, United States Code’’ and inserting ‘‘of this Act’’,

19 and

20 (2) in subparagraph (O), by striking ‘‘which

21 constitutes’’ and all that follows up to the semicolon

22 at the end and inserting ‘‘, for the purpose of com23 mercial advantage’’.

24 (b) EFFECTIVE DATE OF CONVICTION.—Section

25 101(a)(43) (8 U.S.C. 1101(a)(43)), as amended by section
333

HR 2202 PCS

1 222(a) of the Immigration and Nationality Technical Cor2 rections Act of 1994 (Public Law 103–416), is amended

3 by adding at the end the following sentence: ‘‘Notwith4 standing any other provision of law, the term applies for

5 all purposes to convictions entered before, on, or after the

6 date of enactment of the Immigration and Nationality

7 Technical Corrections Act of 1994.’’.

8 (c) EFFECTIVE DATE.—The amendments made by

9 this section shall be effective as if included in the enact10 ment of the Immigration and Nationality Technical Cor11 rections Act of 1994 (Public Law 103–416).

12 SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING

13 PROCEDURES.

14 (a) IN GENERAL.—Section 202(a) (8 U.S.C.

15 1152(a)) is amended—

16 (1) in paragraph (1), by striking ‘‘paragraph

17 (2)’’ and inserting ‘‘paragraphs (2) and (5)’’, and

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

19 paragraph:

20 ‘‘(5) CONSTRUCTION.—Nothing in paragraph

21 (1) shall be construed to limit the authority of the

22 Secretary of State to determine the procedures for

23 the processing of immigrant visa applications or the

24 locations where such applications will be processed.’’.
334

HR 2202 PCS

1 (b) ELIMINATION OF CONSULATE SHOPPING FOR

2 VISA OVERSTAYS.—Section 222 (8 U.S.C. 1202) is

3 amended by adding at the end the following new sub4 section:

5 ‘‘(g) In the case of an alien who has entered and re6 mained in the United States beyond the authorized period

7 of stay, the alien is not eligible to be admitted to the Unit8 ed States as a nonimmigrant on the basis of a visa issued

9 other than in a consular office located in the country of

10 the alien’s nationality (or, if there is no office in such

11 country, at such other consular office as the Secretary of

12 State shall specify).’’.

13 (c) EFFECTIVE DATE.—The amendments made by

14 this section shall apply to visas issued before, on, or after

15 the date of the enactment of this Act.

16 SEC. 804. WAIVER AUTHORITY CONCERNING NOTICE OF

17 DENIAL OF APPLICATION FOR VISAS.

18 Section 212(b) (8 U.S.C. 1182(b)) is amended—

19 (1) by redesignating paragraphs (1) and (2) as

20 subparagraphs (A) and (B);

21 (2) by striking ‘‘If’’ and inserting ‘‘(1) Subject

22 to paragraph (2), if’’; and

23 (3) by inserting at the end the following para24 graph:
335

HR 2202 PCS

1 ‘‘(2) With respect to applications for visas, the Sec2 retary of State may waive the application of paragraph

3 (1) in the case of a particular alien or any class or classes

4 of aliens inadmissible under subsection (a)(2) or (a)(3).’’.

5 SEC. 805. TREATMENT OF CANADIAN LANDED IMMIGRANTS.

6 Section 212(d)(4)(B) (8 U.S.C. 1182(d)(4)(B)) is

7 amended—

8 (1) by striking ‘‘and residents’’ and inserting ‘‘,

9 residents’’, and

10 (2) by striking ‘‘nationals,’’ and inserting ‘‘na11 tionals, and aliens who are granted permanent resi12 dence by the government of the foreign contiguous

13 territory and who are residing in that territory’’.

14 SEC. 806. CHANGES RELATING TO H–1B NONIMMIGRANTS.

15 (a) PROVISIONS RELATING TO WAGE DETERMINA16 TIONS.—Section 212(n) (8 U.S.C. 1182(n)) is amended

17 by adding at the end the following new paragraphs:

18 ‘‘(3) For purposes of determining the actual wage

19 level paid under paragraph (1)(A)(i)(I), an employer shall

20 not be required to have and document an objective system

21 to determine the wages of workers.

22 ‘‘(4) For purposes of determining the actual wage

23 level paid under paragraph (1)(A)(i)(I), a non-H–1B-de24 pendent employer of more than 1,000 full-time equivalent

25 employees in the United States may demonstrate that in
336

HR 2202 PCS

1 determining the wages of H–1B nonimmigrants, it utilizes

2 a compensation and benefits system that has been pre3 viously certified by the Secretary of Labor (and recertified

4 at such intervals the Secretary of Labor may designate)

5 to satisfy all of the following conditions:

6 ‘‘(A) The employer has a company-wide com7 pensation policy for its full-time equivalent employ8 ees which ensures salary equity among employees

9 similarly employed.

10 ‘‘(B) The employer has a company-wide benefits

11 policy under which all full-time equivalent employees

12 similarly employed are eligible for substantially the

13 same benefits or under which some employees may

14 accept higher pay, at least equal in value to the ben15 efits, in lieu of benefits.

16 ‘‘(C) The compensation and benefits policy is

17 communicated to all employees.

18 ‘‘(D) The employer has a human resources or

19 compensation function that administers its com20 pensation system.

21 ‘‘(E) The employer has established documenta22 tion for the job categories in question.

23 An employer’s payment of wages consistent with a system

24 which meets the conditions of subparagraphs (A) through

25 (E) of this paragraph which has been certified by the Sec-
337

HR 2202 PCS

1 retary of Labor pursuant to this paragraph shall be

2 deemed to satisfy the requirements of paragraph

3 (1)(A)(i)(I).

4 ‘‘(5) For purposes of determining the prevailing wage

5 level paid under paragraph (1)(A)(i)(II), employers may

6 provide a published survey, a State Employment Security

7 Agency determination, a determination by an accepted pri8 vate source, or any other legitimate source. The Secretary

9 of Labor shall, not later than 180 days from the date of

10 enactment of this paragraph, provide for acceptance of

11 prevailing wage determinations not made by a State Em12 ployment Security Agency. The Secretary of Labor or the

13 Secretary’s designate must either accept such a non-State

14 Employment Security Agency wage determination or issue

15 a written decision rejecting the determination and detail16 ing the legitimate reasons that the determination is not

17 acceptable. If a detailed rejection is not issued within 45

18 days of the date of the Secretary’s receipt of such deter19 mination, the determination will be deemed accepted. An

20 employer’s payment of wages consistent with a prevailing

21 wage determination not rejected by the Secretary of Labor

22 under this paragraph shall be deemed to satisfy the re23 quirements of paragraph (1)(A)(i)(II).’’.

24 (b) INAPPLICABILITY OF CERTAIN REGULATIONS TO

25 NON-H–1B-DEPENDENT EMPLOYERS.—
338

HR 2202 PCS

1 (1) DEFINITION OF H–1B-DEPENDENT EM2 PLOYER.—Section 212(n)(2) (8 U.S.C. 1182(n)(2))

3 is amended by inserting after subparagraph (D) the

4 following new subparagraphs:

5 ‘‘(E) In this subsection, the term ‘H–1B-dependent

6 employer’ means an employer that—

7 ‘‘(i)(I) has fewer than 21 full-time equivalent

8 employees who are employed in the United States,

9 and (II) employs 4 or more H–1B nonimmigrants;

10 or

11 ‘‘(ii)(I) has at least 21 but not more than 150

12 full-time equivalent employees who are employed in

13 the United States, and (II) employs H–1B

14 nonimmigrants in a number that is equal to at least

15 20 percent of the number of such full-time equiva16 lent employees; or

17 ‘‘(iii)(I) has at least 151 full-time equivalent

18 employees who are employed in the United States,

19 and (II) employs H–1B nonimmigrants in a number

20 that is equal to at least 15 percent of the number

21 of such full-time equivalent employees.

22 In applying this subparagraph, any group treated as a sin23 gle employer under subsection (b), (c), (m), or (o) of sec24 tion 414 of the Internal Revenue Code of 1986 shall be

25 treated as a single employer. Aliens employed under a pe-
339

HR 2202 PCS

1 tition for H–1B nonimmigrants shall be treated as em2 ployees, and counted as nonimmigrants under section

3 101(a)(15)(H)(i)(b) under this subparagraph. In this sub4 section, the term ‘non-H–1B-dependent employer’ means

5 an employer that is not an H–1B-dependent employer.

6 ‘‘(F)(i) An employer who is an H–1B-dependent em7 ployer as defined in subparagraph (E) can nevertheless be

8 treated as a non-H–1B-dependent employer for five years

9 on a probationary status if—

10 ‘‘(I) the employer has demonstrated to the sat11 isfaction of the Secretary of Labor that it has devel12 oped a reasonable plan for reducing its use of H–

13 1B nonimmigrants over a five-year period to the

14 level of a non-H–1B-dependent employer, and

15 ‘‘(II) annual reviews of that plan by the Sec16 retary of Labor indicate successful implementation

17 of that plan.

18 If the employer has not met the requirements established

19 in this clause, the probationary status ends and the em20 ployer shall be treated as an H–1B-dependent employer

21 until such time as the employer can prove to the Secretary

22 of Labor that it no longer is an H–1B-dependent employer

23 as defined in subparagraph (E).
340

HR 2202 PCS

1 ‘‘(ii) The probationary program set out in clause (i)

2 shall be effective for no longer than five years after the

3 date of the enactment of this subparagraph.’’.

4 (2) LIMITING APPLICATION OF CERTAIN RE5 QUIREMENTS FOR NON-H–1B-DEPENDENT EMPLOY6 ERS.—Section 212(n) (8 U.S.C. 1182(n)), as

7 amended by subsection (a), is further amended by

8 adding at the end the following new paragraph:

9 ‘‘(6) In carrying out this subsection in the case of

10 an employer that is a non-H–1B-dependent employer—

11 ‘‘(A) the employer is not required to post a no12 tice at a worksite that was not listed on the applica13 tion under paragraph (1) if the worksite is within

14 the area of intended employment listed on such ap15 plication for such nonimmigrant; and

16 ‘‘(B) if the employer has filed and had certified

17 an application under paragraph (1) with respect to

18 one or more H–1B nonimmigrants for one or more

19 areas of employment—

20 ‘‘(i) the employer is not required to file

21 and have certified an additional application

22 under paragraph (1) with respect to such a

23 nonimmigrant for an area of employment not

24 listed in the previous application because the

25 employer has placed one or more such
341

HR 2202 PCS

1 nonimmigrants in such a nonlisted area so long

2 as either (I) each such nonimmigrant is not

3 placed in such nonlisted areas for a period ex4 ceeding 45 workdays in any 12-month period

5 and not to exceed 90 workdays in any 36-month

6 period, or (II) each such nonimmigrant’s prin7 cipal place of employment has not changed to

8 a nonlisted area, and

9 ‘‘(ii) the employer is not required to pay

10 per diem and transportation costs at any speci11 fied rates for work performed in such a

12 nonlisted area.’’.

13 (3) LIMITATION ON AUTHORITY TO INITIATE

14 COMPLAINTS AND CONDUCT INVESTIGATIONS FOR

15 NON-H–1B-DEPENDENT EMPLOYERS.—Section

16 212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amend17 ed—

18 (A) in the second sentence, by inserting be19 fore the period at the end the following: ‘‘, ex20 cept that the Secretary may only file such a

21 complaint in the case of an H–1B-dependent

22 employer (as defined in subparagraph (E)) or

23 when conducting an annual review of a plan

24 pursuant to subparagraph (F)(i) if there ap25 pears to be a violation of an attestation or a
342

HR 2202 PCS

1 misrepresentation of a material fact in an appli2 cation’’, and

3 (B) by inserting after the second sentence

4 the following new sentence: ‘‘No investigation or

5 hearing shall be conducted with respect to a

6 non-H–1B-dependent employer except in re7 sponse to a complaint filed under the previous

8 sentence.’’.

9 (c) NO DISPLACEMENT OF AMERICAN WORKERS

10 PERMITTED.—(1) Section 212(n)(1) (8 U.S.C.

11 1182(n)(1)) is amended by inserting after subparagraph

12 (D) the following new subparagraph:

13 ‘‘(E)(i) If the employer, within the period be14 ginning 6 months before and ending 90 days follow15 ing the date of filing of the application or during the

16 90 days immediately preceding and following the

17 date of filing of any visa petition supported by the

18 application, has laid off or lays off any protected in19 dividual with substantially equivalent qualifications

20 and experience in the specific employment as to

21 which the nonimmigrant is sought or is employed,

22 the employer will pay a wage to the nonimmigrant

23 that is at least 110 percent of the arithmetic mean

24 of the last wage earned by all such laid off individ25 uals (or, if greater, at least 110 percent of the arith-
343

HR 2202 PCS

1 metic mean of the highest wage earned by all such

2 laid off individuals within the most recent year if the

3 employer reduced the wage of any such laid off indi4 vidual during such year other than in accordance

5 with a general company-wide reduction of wages for

6 substantially all employees).

7 ‘‘(ii) Except as provided in clause (iii), in the

8 case of an H–1B-dependent employer which employs

9 an H–1B nonimmigrant, the employer shall not

10 place the nonimmigrant with another employer

11 where—

12 ‘‘(I) the nonimmigrant performs his or her

13 duties in whole or in part at one or more work14 sites owned, operated, or controlled by such

15 other employer, and

16 ‘‘(II) there are indicia of an employment

17 relationship between the nonimmigrant and

18 such other employer.

19 ‘‘(iii) Clause (ii) shall not apply to an employ20 er’s placement of an H–1B nonimmigrant with an21 other employer if—

22 ‘‘(I) the other employer has executed an

23 attestation that it, within the period beginning

24 6 months before and ending 90 days following

25 the date of filing of the application or during
344

HR 2202 PCS

1 the 90 days immediately preceding and follow2 ing the date of filing of any visa petition sup3 ported by the application, has not laid off and

4 will not lay off any protected individual with

5 substantially equivalent qualifications and expe6 rience in the specific employment as to which

7 the H–1B nonimmigrant is being sought or is

8 employed, or

9 ‘‘(II) the employer pays a wage to the non10 immigrant that is at least 110 percent of the

11 arithmetic mean of the last wage earned by all

12 such laid off individuals (or, if greater, at least

13 110 percent of the arithmetic mean of the high14 est wage earned by all such laid off individuals

15 within the most recent year if the other em16 ployer reduced the wage of any such laid off in17 dividual during such year other than in accord18 ance with a general company-wide reduction of

19 wages for substantially all employees).

20 ‘‘(iv) For purposes of this subparagraph, the

21 term ‘laid off’, with respect to an individual—

22 ‘‘(I) refers to the individual’s loss of em23 ployment, other than a discharge for inadequate

24 performance, cause, voluntary departure, or re25 tirement, and
345

HR 2202 PCS

1 ‘‘(II) does not include any situation in

2 which the individual involved is offered, as an

3 alternative to such loss of employment, a simi4 lar job opportunity with the same employer (or

5 with the H–1B-dependent employer described in

6 clause (ii)) carrying equivalent or higher com7 pensation and benefits as the position from

8 which the employee was laid off, regardless of

9 whether or not the employee accepts the offer.

10 ‘‘(v) For purposes of this subparagraph, the

11 term ‘protected individual’ means an individual

12 who—

13 ‘‘(I) is a citizen or national of the United

14 States, or

15 ‘‘(II) is an alien who is lawfully admitted

16 for permanent residence, is granted the status

17 of an alien lawfully admitted for temporary res18 idence under section 210(a), 210A(a), or

19 245(a)(1), is admitted as a refugee under sec20 tion 207, or is granted asylum under section

21 208.’’.

22 (2) Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as

23 amended by subsection (b)(1), is amended by adding at

24 the end the following new subparagraph:
346

HR 2202 PCS

1 ‘‘(G) Under regulations of the Secretary, the previous

2 provisions of this paragraph shall apply to complaints re3 specting a failure of an other employer to comply with an

4 attestation described in paragraph (1)(E)(iii)(I) in the

5 same manner that they apply to complaints with respect

6 to a failure to comply with a condition described in para7 graph (1)(E)(i).’’.

8 (3) Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is

9 amended by inserting ‘‘or (1)(E)’’ after ‘‘(1)(B)’’.

10 (d) INCREASED PENALTIES.—Section 212(n)(2) is

11 amended—

12 (1) in subparagraph (C)(i), by striking

13 ‘‘$1,000’’ and inserting ‘‘$5,000’’;

14 (2) by amending subparagraph (C)(ii) to read

15 as follows:

16 ‘‘(ii) the Attorney General shall not approve pe17 titions filed with respect to that employer (or any

18 employer who is a successor in interest) under sec19 tion 204 or 214(c) for aliens to be employed by the

20 employer—

21 ‘‘(I) during a period of at least 1 year in

22 the case of the first determination of a violation

23 or any subsequent determination of a violation

24 occurring within 1 year of that first violation or

25 any subsequent determination of a nonwillful
347

HR 2202 PCS

1 violation occurring more than 1 year after the

2 first violation;

3 ‘‘(II) during a period of at least 5 years in

4 the case of a determination of a willful violation

5 occurring more than 1 year after the first viola6 tion; and

7 ‘‘(III) at any time in the case of a deter8 mination of a willful violation occurring more

9 than 5 years after a violation described in

10 subclause (II).’’; and

11 (3) in subparagraph (D), by adding at the end

12 the following: ‘‘If a penalty under subparagraph (C)

13 has been imposed in the case of a willful violation,

14 the Secretary shall impose on the employer a civil

15 monetary penalty in an amount equalling twice the

16 amount of backpay.’’.

17 (e) COMPUTATION OF PREVAILING WAGE LEVEL.—

18 Section 212(n) (8 U.S.C. 1182(n)), as amended by sub19 sections (a) and (b)(2), is further amended by adding at

20 the end the following new paragraph:

21 ‘‘(7) In computing the prevailing wage level for an

22 occupational classification in an area of employment for

23 purposes of paragraph (1)(A)(i)(II) and subsection

24 (a)(5)(A) in the case of an employee of (A) an institution

25 of higher education (as defined in section 1201(a) of the
348

HR 2202 PCS

1 Higher Education Act of 1965), or a related or affiliated

2 nonprofit entity, or (B) a nonprofit scientific research or3 ganization, the prevailing wage level shall only take into

4 account employees at such institutions and entities in the

5 area of employment.’’.

6 (f) CONFORMING AMENDMENTS.—Section 212(n) (8

7 U.S.C. 1182(n)) is further amended—

8 (1) in the matter in paragraph (1) before sub9 paragraph (A), by inserting ‘‘(in this subsection re10 ferred to as an ‘H–1B nonimmigrant’)’’ after

11 ‘‘101(a)(15)(H)(i)(b)’’; and

12 (2) in paragraph (1)(A), by striking ‘‘non13 immigrant described in section 101(a)(15)(H)(i)(b)’’

14 and inserting ‘‘H–1B nonimmigrant’’.

15 (g) EFFECTIVE DATES.—

16 (1) Except as otherwise provided in this sub17 section, the amendments made by this section shall

18 take effect on the date of the enactment of this Act

19 and shall apply to applications filed with the Sec20 retary of Labor on or after 30 days after the date

21 of the enactment of this Act.

22 (2) The amendments made by subsection (b)(3)

23 shall apply to complaints filed, and to investigations

24 or hearings initiated, on or after January 19, 1995.
349

HR 2202 PCS

1 SEC. 807. VALIDITY OF PERIOD OF VISAS.

2 (a) EXTENSION OF VALIDITY OF IMMIGRANT VISAS

3 TO 6 MONTHS.—Section 221(c) (8 U.S.C. 1201(c)) is

4 amended by striking ‘‘four months’’ and inserting ‘‘six

5 months’’.

6 (b) AUTHORIZING APPLICATION OF RECIPROCITY

7 RULE FOR NONIMMIGRANT VISA IN CASE OF REFUGEES

8 AND PERMANENT RESIDENTS.—Such section is further

9 amended by inserting before the period at the end of the

10 third sentence the following: ‘‘; except that in the case of

11 aliens who are nationals of a foreign country and who ei12 ther are granted refugee status and firmly resettled in an13 other foreign country or are granted permanent residence

14 and residing in another foreign country, the Secretary of

15 State may prescribe the period of validity of such a visa

16 based upon the treatment granted by that other foreign

17 country to alien refugees and permanent residents, respec18 tively, in the United States’’.

19 SEC. 808. LIMITATION ON ADJUSTMENT OF STATUS OF IN20 DIVIDUALS NOT LAWFULLY PRESENT IN THE

21 UNITED STATES.

22 (a) IN GENERAL.—Section 245(i) (8 U.S.C. 1255),

23 as added by section 506(b) of the Department of State

24 and Related Agencies Appropriations Act, 1995 (Public

25 Law 103–317, 108 Stat. 1765), is amended—
350

HR 2202 PCS

1 (1) in paragraph (1), by inserting ‘‘pursuant to

2 section 301 of the Immigration Act of 1990 is not

3 required to depart from the United States and who’’

4 after ‘‘who’’ the first place it appears; and

5 (2) by adding at the end of paragraph (2) the

6 following: ‘‘For purposes of subparagraph (A), the

7 ground of inadmissibility described in section

8 212(a)(9) shall not apply.’’.

9 (b) EFFECTIVE DATE.—(1) The amendment made by

10 subsection (a)(1) shall apply to applications for adjust11 ment of status filed after September 30, 1996.

12 (2) The amendment made by subsection (a)(2) shall

13 take effect on the title III–A effective date (as defined in

14 section 309(a)).

15 SEC. 809. LIMITED ACCESS TO CERTAIN CONFIDENTIAL INS

16 FILES.

17 (a) LEGALIZATION PROGRAM.—Section 245A(c)(5)

18 (8 U.S.C. 1255a(c)(5)) is amended—

19 (1) by redesignating subparagraphs (A) through

20 (C) as clauses (i) through (iii), respectively;

21 (2) by striking ‘‘Neither’’ and inserting ‘‘(A)

22 Except as provided in this paragraph, neither’’;

23 (3) by redesignating the last sentence as sub24 paragraph (D);
351

HR 2202 PCS

1 (4) by striking the semicolon and inserting a

2 period;

3 (5) by striking ‘‘except that the’’ and inserting

4 the following:

5 ‘‘(B) The’’;

6 (6) by inserting after subparagraph (B), as cre7 ated by the amendment made by paragraph (5), the

8 following:

9 ‘‘(C) The Attorney General may authorize an

10 application to a Federal court of competent jurisdic11 tion for, and a judge of such court may grant, an

12 order authorizing disclosure of information con13 tained in the application of the alien under this sec14 tion to be used—

15 ‘‘(i) for identification of the alien when

16 there is reason to believe that the alien has

17 been killed or severely incapacitated; or

18 ‘‘(ii) for criminal law enforcement purposes

19 against the alien whose application is to be dis20 closed if the alleged criminal activity occurred

21 after the legalization application was filed and

22 such activity involves terrorist activity or poses

23 either an immediate risk to life or to national

24 security, or would be prosecutable as an aggra25 vated felony, but without regard to the length
352

HR 2202 PCS

1 of sentence that could be imposed on the appli2 cant.’’; and

3 (7) by adding at the end the following new sub4 paragraph:

5 ‘‘(E) Nothing in this paragraph shall preclude

6 the release for immigration enforcement purposes of

7 the following information contained in files or

8 records of the Service pertaining to the application:

9 ‘‘(i) The immigration status of the appli10 cant on any given date after the date of filing

11 the application (including whether the applicant

12 was authorized to work) but only for purposes

13 of a determination of whether the applicant is

14 eligible for relief from deportation or removal

15 and not otherwise.

16 ‘‘(ii) The date of the applicant’s adjust17 ment (if any) to the status of an alien lawfully

18 admitted for permanent residence.

19 ‘‘(iii) Information concerning whether the

20 applicant has been convicted of a crime occur21 ring after the date of filing the application.

22 ‘‘(iv) The date or disposition of the appli23 cation.’’.
353

HR 2202 PCS

1 (b) SPECIAL AGRICULTURAL WORKER PROGRAM.—

2 Section 210(b) of such Act (8 U.S.C. 1160(b)) is amend3 ed—

4 (1) in paragraph (5), by inserting ‘‘, except as

5 permitted under paragraph (6)(B)’’ after ‘‘consent

6 of the alien’’; and

7 (2) in paragraph (6)—

8 (A) in subparagraph (A), by striking the

9 period at the end and inserting a comma,

10 (B) by redesignating subparagraphs (A)

11 through (C) as clauses (i) through (iii), respec12 tively,

13 (C) by striking ‘‘Neither’’ and inserting

14 ‘‘(A) Except as provided in subparagraph (B),

15 neither’’,

16 (D) by striking ‘‘Anyone’’ and inserting

17 the following:

18 ‘‘(C) Anyone’’,

19 (E) by inserting after the first sentence the

20 following:

21 ‘‘(B) The Attorney General may authorize an

22 application to a Federal court of competent jurisdic23 tion for, and a judge of such court may grant, an

24 order authorizing disclosure of information con25 tained in the application of the alien to be used—
354

HR 2202 PCS

1 ‘‘(i) for identification of the alien when

2 there is reason to believe that the alien has

3 been killed or severely incapacitated, or

4 ‘‘(ii) for criminal law enforcement purposes

5 against the alien whose application is to be dis6 closed if the alleged criminal activity occurred

7 after the special agricultural worker application

8 was filed and such activity involves terrorist ac9 tivity or poses either an immediate risk to life

10 or to national security, or would be prosecutable

11 as an aggravated felony, but without regard to

12 the length of sentence that could be imposed on

13 the applicant.’’, and

14 (F) by adding at the end the following new

15 subparagraph:

16 ‘‘(D) Nothing in this paragraph shall preclude

17 the release for immigration enforcement purposes of

18 the following information contained in files or

19 records of the Service pertaining to the application:

20 ‘‘(i) The immigration status of the appli21 cant on any given date after the date of filing

22 the application (including whether the applicant

23 was authorized to work).
355

HR 2202 PCS

1 ‘‘(ii) The date of the applicant’s adjust2 ment (if any) to the status of an alien lawfully

3 admitted for permanent residence.

4 ‘‘(iii) Information concerning whether the

5 applicant has been convicted of a crime occur6 ring after the date of filing the application.

7 ‘‘(iv) The date or disposition of the appli8 cation.’’.

9 SEC. 810. CHANGE OF NONIMMIGRANT CLASSIFICATION.

10 Section 248 (8 U.S.C. 1258) is amended by inserting

11 at the end the following:

12 ‘‘Any alien whose status is changed under this section may

13 apply to the Secretary of State for a visa without having

14 to leave the United States and apply at the visa office.’’.

15 SEC. 811. CERTIFICATION REQUIREMENTS FOR FOREIGN

16 HEALTH-CARE WORKERS.

17 (a) IN GENERAL.—Section 212(a) (8 U.S.C.

18 1182(a)), as amended by section 301(b)(1), is amended—

19 (1) by redesignating paragraph (10) as para20 graph (11), and

21 (2) by inserting after paragraph (9) the follow22 ing new paragraph:

23 ‘‘(10) CERTIFICATION REQUIREMENTS FOR

24 FOREIGN HEALTH-CARE WORKERS.—Any alien who

25 seeks to enter the United States for the purpose of
356

HR 2202 PCS

1 performing labor as a health care-worker, other than

2 a physician, is inadmissible unless the consular offi3 cer receives a certification from the Commission on

4 Graduates of Foreign Nursing Schools or a certifi5 cate from an equivalent independent credentialing

6 organization approved by the Secretary of Labor

7 verifying that—

8 ‘‘(A) the alien’s education, training, or ex9 perience meet all applicable statutory and regu10 latory requirements for entry into the United

11 States under the classification specified in the

12 application and is comparable to that required

13 for an American practitioner of the same type;

14 ‘‘(B) any foreign license submitted by the

15 alien is authentic and unencumbered;

16 ‘‘(C) the alien must have the ability to

17 read, write, and speak the English language at

18 a level required for standard business commu19 nication, as demonstrated by the alien’s score

20 on one or more standardized tests; and

21 ‘‘(D) if the alien is a registered nurse, the

22 alien has passed an examination testing both

23 nursing skills and English language pro24 ficiency.’’.
357

HR 2202 PCS

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

2 subsection (a) shall apply to aliens entering the United

3 States more than 180 days after the date of the enactment

4 of this Act.

5 SEC. 812. COMPUTATION OF TARGETED ASSISTANCE.

6 Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is amended

7 by adding at the end the following new subparagraph:

8 ‘‘(C) Except for the Targeted Assistance Ten Percent

9 Discretionary Program, all grants made available under

10 this paragraph for a fiscal year shall be allocated by the

11 Office of Resettlement in a manner that ensures that each

12 qualifying county shall receive the same amount of assist13 ance for each refugee and entrant residing in the county

14 as of the beginning of the fiscal year who arrived in the

15 United States not more than 60 months prior to such fis16 cal year.’’.

17 Subtitle B—Other Provisions

18 SEC. 831. COMMISSION REPORT ON FRAUD ASSOCIATED

19 WITH BIRTH CERTIFICATES.

20 Section 141 of the Immigration Act of 1990 is

21 amended—

22 (1) in subsection (b)—

23 (A) by striking ‘‘and’’ at the end of para24 graph (1),
358

HR 2202 PCS

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

2 paragraph (2) and inserting ‘‘; and’’, and

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

4 paragraph:

5 ‘‘(3) transmit to Congress, not later than Janu6 ary 1, 1997, a report containing recommendations

7 (consistent with subsection (c)(3)) of methods of re8 ducing or eliminating the fraudulent use of birth

9 certificates for the purpose of obtaining other iden10 tity documents that may be used in securing immi11 gration, employment, or other benefits.’’; and

12 (2) by adding at the end of subsection (c), the

13 following new paragraph:

14 ‘‘(3) FOR REPORT ON REDUCING BIRTH CER15 TIFICATE FRAUD.—In the report described in sub16 section (b)(3), the Commission shall consider and

17 analyze the feasibility of—

18 ‘‘(A) establishing national standards for

19 counterfeit-resistant birth certificates, and

20 ‘‘(B) limiting the issuance of official copies

21 of a birth certificate of an individual to anyone

22 other than the individual or others acting on

23 behalf of the individual.’’.
359

HR 2202 PCS

1 SEC. 832. UNIFORM VITAL STATISTICS.

2 (a) PILOT PROGRAM.—The Secretary of Health and

3 Human Services shall consult with the State agency re4 sponsible for registration and certification of births and

5 deaths and, within 2 years of the date of enactment of

6 this Act, shall establish a pilot program for 3 of the 5

7 States with the largest number of undocumented aliens

8 of an electronic network linking the vital statistics records

9 of such States. The network shall provide, where practical,

10 for the matching of deaths with births and shall enable

11 the confirmation of births and deaths of citizens of such

12 States, or of aliens within such States, by any Federal

13 or State agency or official in the performance of official

14 duties. The Secretary and participating State agencies

15 shall institute measures to achieve uniform and accurate

16 reporting of vital statistics into the pilot program network,

17 to protect the integrity of the registration and certification

18 process, and to prevent fraud against the Government and

19 other persons through the use of false birth or death cer20 tificates.

21 (b) REPORT.—Not later than 180 days after the es22 tablishment of the pilot program under subsection (a), the

23 Secretary shall issue a written report to Congress with rec24 ommendations on how the pilot program could effectively

25 be instituted as a national network for the United States.
360

HR 2202 PCS

1 (c) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated for fiscal year 1996 and

3 for subsequent fiscal years such sums as may be necessary

4 to carry out this section.

5 SEC. 833. COMMUNICATION BETWEEN STATE AND LOCAL

6 GOVERNMENT AGENCIES, AND THE IMMIGRA7 TION AND NATURALIZATION SERVICE.

8 Notwithstanding any other provision of Federal,

9 State, or local law, no State or local government entity

10 shall prohibit, or in any way restrict, any government en11 tity or any official within its jurisdiction from sending to

12 or receiving from the Immigration and Naturalization

13 Service information regarding the immigration status,

14 lawful or unlawful, of an alien in the United States. Not15 withstanding any other provision of Federal, State, or

16 local law (and excepting the attorney-client privilege), no

17 State or local government entity may be prohibited, or in

18 any way restricted, from sending to or receiving from the

19 Immigration and Naturalization Service information re20 garding the immigration status, lawful or unlawful, of an

21 alien in the United States.

22 SEC. 834. REGULATIONS REGARDING HABITUAL RESI23 DENCE.

24 Not later than 6 months after the date of the enact25 ment of this Act, the Commissioner of the Immigration
361

HR 2202 PCS

1 and Naturalization Service shall issue regulations govern2 ing rights of ‘‘habitual residence’’ in the United States

3 under the terms of Compacts of Free Association (Public

4 Law 99–239, Public Law 99–658, and Public Law 101–

5 219).

6 SEC. 835. FEMALE GENITAL MUTILATION.

7 (a) INFORMATION REGARDING FEMALE GENITAL

8 MUTILATION.—The Immigration and Naturalization

9 Service (in cooperation with the Department of State)

10 shall make available for all aliens who are issued immi11 grant or nonimmigrant visas, prior to or at the time of

12 entry into the United States, the following information:

13 (1) Information on the severe harm to physical

14 and psychological health caused by female genital

15 mutilation which is compiled and presented in a

16 manner which is limited to the practice itself and re17 spectful to the cultural values of the societies in

18 which such practice takes place.

19 (2) Information concerning potential legal con20 sequences in the United States for (A) performing

21 female genital mutilation, or (B) allowing a child

22 under his or her care to be subjected to female geni23 tal mutilation, under criminal or child protection

24 statutes or as a form of child abuse.
362

HR 2202 PCS

1 (b) LIMITATION.—In consultation with the Secretary

2 of State, the Commissioner of Immigration and Natu3 ralization shall identify those countries in which female

4 genital mutilation is commonly practiced and, to the ex5 tent practicable, limit the provision of information under

6 subsection (a) to aliens from such countries.

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

8 term ‘‘female genital mutilation’’ means the removal or

9 infibulation (or both) of the whole or part of the clitoris,

10 the labia minora, or labia majora.

11 SEC. 836. DESIGNATION OF PORTUGAL AS A VISA WAIVER

12 PILOT PROGRAM COUNTRY WITH PROBA13 TIONARY STATUS.

14 Notwithstanding any other provision of law, Portugal

15 is designated as a visa waiver pilot program country with

16 probationary status under section 217(g) of the Immigra17 tion and Nationality Act for each of the fiscal years 1996,

18 1997, and 1998.

19 SEC. 837. ADJUSTMENT OF STATUS FOR CERTAIN POLISH

20 AND HUNGARIAN PAROLEES.

21 (a) IN GENERAL.—The Attorney General shall adjust

22 the status of an alien described in subsection (b) to that

23 of an alien lawfully admitted for permanent residence if

24 the alien—

25 (1) applies for such adjustment,
363

HR 2202 PCS

1 (2) has been physically present in the United

2 States for at least 1 year and is physically present

3 in the United States on the date the application for

4 such adjustment is filed,

5 (3) is admissible to the United States as an im6 migrant, except as provided in subsection (c), and

7 (4) pays a fee (determined by the Attorney

8 General) for the processing of such application.

9 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA10 TUS.—The benefits provided in subsection (a) shall only

11 apply to an alien who—

12 (1) was a national of Poland or Hungary, and

13 (2) was inspected and granted parole into the

14 United States during the period beginning on No15 vember 1, 1989, and ending on December 31, 1991,

16 after being denied refugee status.

17 (c) WAIVER OF CERTAIN GROUNDS FOR INADMIS18 SIBILITY.—The provisions of paragraphs (4), (5), and

19 (7)(A) of section 212(a) of the Immigration and National20 ity Act shall not apply to adjustment of status under this

21 section and the Attorney General may waive any other

22 provision of such section (other than paragraph (2)(C)

23 and subparagraphs (A), (B), (C), or (E) of paragraph (3))

24 with respect to such an adjustment for humanitarian pur-
364

HR 2202 PCS

1 poses, to assure family unity, or when it is otherwise in

2 the public interest.

3 (d) DATE OF APPROVAL.—Upon the approval of such

4 an application for adjustment of status, the Attorney Gen5 eral shall create a record of the alien’s admission as a law6 ful permanent resident as of the date of the alien’s inspec7 tion and parole described in subsection (b)(2).

8 (e) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—

9 When an alien is granted the status of having been law10 fully admitted for permanent residence under this section,

11 the Secretary of State shall not be required to reduce the

12 number of immigrant visas authorized to be issued under

13 the Immigration and Nationality Act.

14 SEC. 838. SUPPORT OF DEMONSTRATION PROJECTS.

15 (a) IN GENERAL.—The Attorney General shall make

16 available funds under this section, in each of 5 consecutive

17 years (beginning with 1996), to the Immigration and Nat18 uralization Service or to other public or private nonprofit

19 entities to support demonstration projects under this sec20 tion at 10 sites throughout the United States. Each such

21 project shall be designed to provide for the administration

22 of the oath of allegiance (under section 337(a) of the Im23 migration and Nationality Act) on a business day around

24 the 4th of July for approximately 500 people whose appli25 cation for naturalization has been approved. Each project
365

HR 2202 PCS

1 shall provide for appropriate outreach and ceremonial and

2 celebratory activities.

3 (b) SELECTION OF SITES.—The Attorney General

4 shall, in the Attorney General’s discretion, select diverse

5 locations for sites on the basis of the number of natu6 ralization applicants living in proximity to each site and

7 on the degree of local community participation and sup8 port in the project to be held at the site. Not more than

9 2 sites may be located in the same State. The Attorney

10 General should consider changing the sites selected from

11 year to year.

12 (c) AMOUNTS AVAILABLE; USE OF FUNDS.—

13 (1) AMOUNT.—The amount that may be made

14 available under this section with respect to any sin15 gle site for a site for a year shall not exceed $5,000.

16 (2) USE.—Funds provided under this section

17 may only be used to cover expenses incurred carry18 ing out symbolic swearing-in ceremonies at the dem19 onstration sites, including expenses for—

20 (A) cost of personnel of the Immigration

21 and Naturalization Service (including travel and

22 overtime expenses),

23 (B) local outreach,

24 (C) rental of space, and
366

HR 2202 PCS

1 (D) costs of printing appropriate brochures

2 and other information about the ceremonies.

3 (3) AVAILABILITY OF FUNDS.—Funds that are

4 otherwise available to the Immigration and Natu5 ralization Service to carry out naturalization activi6 ties (including funds in the Immigration Examina7 tions Fee Account, under section 286(n) of the Im8 migration and Nationality Act) shall be available

9 under this section.

10 (d) APPLICATION.—In the case of an entity other

11 than the Immigration and Naturalization Service seeking

12 to conduct a demonstration project under this section, no

13 amounts may be made available to the entity under this

14 section unless an appropriate application has been made

15 to, and approved by, the Attorney General, in a form and

16 manner specified by the Attorney General.

17 (e) STATE DEFINED.—In this section, the term

18 ‘‘State’’ has the meaning given such term in section

19 101(a)(36) of the Immigration and Nationality Act (8

20 U.S.C. 1101(a)(36)).

21 SEC. 839. TREATMENT OF CERTAIN ALIENS WHO SERVED

22 WITH SPECIAL GUERRILLA UNITS IN LAOS.

23 (a) WAIVER OF ENGLISH LANGUAGE REQUIREMENT

24 FOR CERTAIN ALIENS WHO SERVED WITH SPECIAL

25 GUERRILLA UNITS IN LAOS.—The requirement of para-
367

HR 2202 PCS

1 graph (1) of section 312(a) of the Immigration and Na2 tionality Act (8 U.S.C. 1423(a)) shall not apply to the nat3 uralization of any person who—

4 (1) served with a special guerrilla unit operat5 ing from a base in Laos in support of the United

6 States at any time during the period beginning Feb7 ruary 28, 1961, and ending September 18, 1978, or

8 (2) is the spouse or widow of a person described

9 in paragraph (1).

10 (b) NATURALIZATION THROUGH SERVICE IN A SPE11 CIAL GUERRILLA UNIT IN LAOS.—

12 (1) IN GENERAL.—The first sentence of sub13 section (a) and subsection (b) (other than paragraph

14 (3)) of section 329 of the Immigration and National15 ity Act (8 U.S.C. 1440) shall apply to an alien who

16 served with a special guerrilla unit operating from a

17 base in Laos in support of the United States at any

18 time during the period beginning February 28,

19 1961, and ending September 18, 1978, in the same

20 manner as they apply to an alien who has served

21 honorably in an active-duty status in the military

22 forces of the United States during the period of the

23 Vietnam hostilities.
368

HR 2202 PCS

1 (2) PROOF.—The Immigration and Naturaliza2 tion Service shall verify an alien’s service with a

3 guerrilla unit described in paragraph (1) through—

4 (A) review of refugee processing docu5 mentation for the alien,

6 (B) the affidavit of the alien’s superior of7 ficer,

8 (C) original documents,

9 (D) two affidavits from persons who were

10 also serving with such a special guerrilla unit

11 and who personally knew of the alien’s service,

12 or

13 (E) other appropriate proof.

14 The Service shall liberally construe the provisions of this

15 subsection to take into account the difficulties inherent in

16 proving service in such a guerrilla unit.

17 SEC. 840. SENSE OF THE CONGRESS REGARDING THE MIS18 SION OF THE IMMIGRATION AND NATU19 RALIZATION SERVICE.

20 It is the sense of the Congress that the mission state21 ment of the Immigration and Naturalization Service of the

22 Department of Justice should include that it is the respon23 sibility of the Service to detect, apprehend, and remove

24 those noncitizens whose entry was illegal, whether undocu25 mented or fraudulent, and those found to have violated
369

HR 2202 PCS

1 the conditions of their stay, particularly those involved in

2 drug trafficking or other criminal activity.

3 SEC. 841. AUTHORIZATION OF REIMBURSEMENT OF CER4 TAIN POLISH APPLICANTS FOR THE 1995 DI5 VERSITY IMMIGRANT PROGRAM.

6 (a) IN GENERAL.—After the date of enactment of

7 this Act, the Secretary of State, in consultation with the

8 Commissioner of the Immigration and Naturalization

9 Service, shall establish a process to provide for the reim10 bursement of all fees to each national of Poland (other

11 than a national illegally residing in the United States) who

12 was an applicant for the diversity immigrant program for

13 1995 under section 203(c) of the Immigration and Nation14 ality Act who did not receive such a visa.

15 (b) FUNDING.—The Secretary of State shall use such

16 funds as may be available at the discretion of the Sec17 retary to carry out the purpose of this section.

18 (c) REVIEW.—The Secretary of State shall review the

19 procedures of the Department of State regarding the ad20 ministration of the diversity immigrant program to ensure

21 that the erroneous notification which occurred with re22 spect to the 1995 diversity immigrant program for Polish

23 residents does not recur.
370

HR 2202 PCS

1 SEC. 842. SENSE OF CONGRESS; REQUIREMENTS REGARD2 ING NOTICE.

3 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

4 AND PRODUCTS.—It is the sense of the Congress that, to

5 the greatest extent practicable, all equipment and products

6 purchased with funds made available under this Act

7 should be American-made.

8 (b) NOTICE TO RECIPIENTS OF GRANTS.—In provid9 ing grants under this Act, the Attorney General, to the

10 greatest extent practicable, shall provide to each recipient

11 of a grant a notice describing the statement made in sub12 section (a) by the Congress.

13 SEC. 843. SENSE OF THE CONGRESS WITH RESPECT TO

14 STATE CRIMINAL ALIEN ASSISTANCE PRO15 GRAM.

16 (a) FINDINGS.—The Congress finds as follows:

17 (1) Of the $130,000,000 appropriated in fiscal

18 year 1995 for the State Criminal Alien Assistance

19 Program (SCAAP), the Department of Justice dis20 bursed the first $43,000,000 to States on October 6,

21 1994, 32 days before the 1994 general election, and

22 then failed to disburse the remaining $87,000,000

23 until January 31, 1996, 123 days after the end of

24 fiscal year 1995.

25 (2) While H.R. 2880, the continuing appropria26 tion measure funding certain operations of the Fed-
371

HR 2202 PCS

1 eral Government from January 26, 1996 to March

2 15, 1996, included $66,000,000 to reimburse States

3 for the cost of incarcerating documented illegal im4 migrant felons, the Department of Justice failed to

5 disburse any of the funds to the States during the

6 period of the continuing appropriation.

7 (b) SENSE OF THE CONGRESS.—It is the sense of

8 the Congress that—

9 (1) the Department of Justice was disturbingly

10 slow in disbursing fiscal year 1995 funds under the

11 State Criminal Alien Assistance Program to States

12 after the initial grants were released just prior to

13 the 1994 election; and

14 (2) the Attorney General should make it a high

15 priority to expedite the disbursement of Federal

16 funds intended to reimburse States for the cost of

17 incarcerating illegal immigrants, aiming for all State

18 Criminal Alien Assistance Program funds to be dis19 bursed during the fiscal year for which they are ap20 propriated.

21 Subtitle C—Technical Corrections

22 SEC. 851. MISCELLANEOUS TECHNICAL CORRECTIONS.

23 (a) AMENDMENTS RELATING TO PUBLIC LAW 103–

24 322 (VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

25 ACT OF 1994).—
372

HR 2202 PCS

1 (1) Section 60024(1)(F) of the Violent Crime

2 Control and Law Enforcement Act of 1994 (Public

3 Law 103–322) (in this subsection referred to as

4 ‘‘VCCLEA’’) is amended by inserting ‘‘United

5 States Code,’’ after ‘‘title 18,’’.

6 (2) Section 130003(b)(3) of VCCLEA is

7 amended by striking ‘‘Naturalization’’ and inserting

8 ‘‘Nationality’’.

9 (3)(A) Section 214 (8 U.S.C. 1184) is amended

10 by redesignating the subsection (j), added by section

11 130003(b)(2) of VCCLEA (108 Stat. 2025), and the

12 subsection (k), added by section 220(b) of the Immi13 gration and Nationality Technical Amendments Act

14 of 1994 (Public Law 103–416, 108 Stat. 4319), as

15 subsections (k) and (l), respectively.

16 (B) Section 101(a)(15)(S) (8 U.S.C.

17 1101(a)(15)(S)) is amended by striking ‘‘214(j)’’

18 and inserting ‘‘214(k)’’.

19 (4)(A) Section 245 (8 U.S.C. 1255) is amended

20 by redesignating the subsection (i) added by section

21 130003(c)(1) of VCCLEA as subsection (j).

22 (B) Section 241(a)(2)(A)(i)(I) (8 U.S.C.

23 1251(a)(2)(A)(i)(I)), as amended by section

24 130003(d) of VCCLEA and before redesignation by
373

HR 2202 PCS

1 section 305(a)(2), is amended by striking ‘‘245(i)’’

2 and inserting ‘‘245(j)’’.

3 (5) Section 245(j)(3), as added by section

4 130003(c)(1) of VCCLEA and as redesignated by

5 paragraph (4)(A), is amended by striking ‘‘para6 graphs (1) or (2)’’ and inserting ‘‘paragraph (1) or

7 (2)’’.

8 (6) Section 130007(a) of VCCLEA is amended

9 by striking ‘‘242A(d)’’ and inserting ‘‘242A(a)(3)’’.

10 (7) The amendments made by this subsection

11 shall be effective as if included in the enactment of

12 the VCCLEA.

13 (b) AMENDMENTS RELATING TO IMMIGRATION AND

14 NATIONALITY TECHNICAL CORRECTIONS ACT OF 1994.—

15 (1) Section 101(d) of the Immigration and Na16 tionality Technical Corrections Act of 1994 (Public

17 Law 103–416) (in this subsection referred to as

18 ‘‘INTCA’’) is amended—

19 (A) by striking ‘‘APPLICATION’’ and all

20 that follows through ‘‘This’’ and inserting ‘‘AP21 PLICABILITY OF TRANSMISSION REQUIRE22 MENTS.—This’’;

23 (B) by striking ‘‘any residency or other re24 tention requirements for’’ and inserting ‘‘the

25 application of any provision of law relating to
374

HR 2202 PCS

1 residence or physical presence in the United

2 States for purposes of transmitting United

3 States’’; and

4 (C) by striking ‘‘as in effect’’ and all that

5 follows through the end and inserting ‘‘to any

6 person whose claim is based on the amendment

7 made by subsection (a) or through whom such

8 a claim is derived.’’.

9 (2) Section 102 of INTCA is amended by add10 ing at the end the following new subsection:

11 ‘‘(e) TRANSITION.—In applying the amendment made

12 by subsection (a) to children born before November 14,

13 1986, any reference in the matter inserted by such amend14 ment to ‘five years, at least two of which’ is deemed a

15 reference to ‘10 years, at least 5 of which’.’’.

16 (3) Section 351(a) (8 U.S.C. 1483(a)), as

17 amended by section 105(a)(2)(A) of INTCA, is

18 amended by striking the comma after ‘‘nationality’’.

19 (4) Section 207(2) of INTCA is amended by in20 serting a comma after ‘‘specified’’.

21 (5) Section 101(a)(43) (8 U.S.C. 1101(a)(43))

22 is amended—

23 (A) in subparagraph (K)(ii), by striking

24 the comma after ‘‘1588’’, and
375

HR 2202 PCS

1 (B) in subparagraph (O), by striking ‘‘sus2 picion’’ and inserting ‘‘suspension’’.

3 (6) Section 273(b) (8 U.S.C. 1323(b)), as

4 amended by section 209(a) of INTCA, is amended

5 by striking ‘‘remain’’ and inserting ‘‘remains’’.

6 (7) Section 209(a)(1) of INTCA is amended by

7 striking ‘‘$3000’’ and inserting ‘‘$3,000’’.

8 (8) Section 209(b) of INTCA is amended by

9 striking ‘‘subsection’’ and inserting ‘‘section’’.

10 (9) Section 217(f) (8 U.S.C. 1187(f)), as

11 amended by section 210 of INTCA, is amended by

12 adding a period at the end.

13 (10) Section 219(cc) of INTCA is amended by

14 striking ‘‘ ‘year 1993 the first place it appears’ ’’

15 and inserting ‘‘ ‘year 1993’ the first place it ap16 pears’’.

17 (11) Section 219(ee) of INTCA is amended by

18 adding at the end the following new paragraph:

19 ‘‘(3) The amendments made by this subsection shall

20 take effect on the date of the enactment of this Act.’’.

21 (12) Paragraphs (4) and (6) of section 286(r)

22 (8 U.S.C. 1356(r)) are amended by inserting ‘‘the’’

23 before ‘‘Fund’’ each place it appears.

24 (13) Section 221 of INTCA is amended—
376

HR 2202 PCS

1 (A) by striking each semicolon and insert2 ing a comma,

3 (B) by striking ‘‘disasters.’’ and inserting

4 ‘‘disasters,’’, and

5 (C) by striking ‘‘The official’’ and inserting

6 ‘‘the official’’.

7 (14) Section 242A (8 U.S.C. 1252a), as added

8 by section 224(a) of INTCA and before redesigna9 tion as section 238 by section 308(b)(5), is amended

10 by redesignating subsection (d) as subsection (c).

11 (15) Section 225 of INTCA is amended—

12 (A) by striking ‘‘section 242(i)’’ and in13 serting ‘‘sections 242(i) and 242A’’, and

14 (B) by inserting ‘‘, 1252a’’ after

15 ‘‘1252(i)’’.

16 (16) Except as otherwise provided in this sub17 section, the amendments made by this subsection

18 shall take effect as if included in the enactment of

19 INTCA.

20 (c) STRIKING REFERENCES TO SECTION 210A.—

21 (1)(A) Section 201(b)(1)(C) (8 U.S.C.

22 1151(b)(1)(C)) and section 274B(a)(3)(B) (8 U.S.C.

23 1324b(a)(3)(B)) are each amended by striking ‘‘,

24 210A,’’.
377

HR 2202 PCS

1 (B) Section 241(a)(1) (8 U.S.C. 1251(a)(1)),

2 before redesignation by section 305(a)(2), is amend3 ed by striking subparagraph (F).

4 (2) Sections 204(c)(1)(D)(i) and 204(j)(4) of

5 Immigration Reform and Control Act of 1986 are

6 each amended by striking ‘‘, 210A,’’.

7 (d) MISCELLANEOUS CHANGES IN THE IMMIGRATION

8 AND NATIONALITY ACT.—

9 (1) Before being amended by section 308(a),

10 the item in the table of contents relating to section

11 242A is amended to read as follows:

‘‘Sec. 242A. Expedited deportation of aliens convicted of committing aggravated felonies.’’.

12 (2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is

13 amended by striking ‘‘, 321, and 322’’ and inserting

14 ‘‘and 321’’.

15 (3) Pursuant to section 6(b) of Public Law

16 103–272 (108 Stat. 1378)—

17 (A) section 214(f)(1) (8 U.S.C.

18 1184(f)(1)) is amended by striking ‘‘section

19 101(3) of the Federal Aviation Act of 1958’’

20 and inserting ‘‘section 40102(a)(2) of title 49,

21 United States Code’’; and

22 (B) section 258(b)(2) (8 U.S.C.

23 1288(b)(2)) is amended by striking ‘‘section

24 105 or 106 of the Hazardous Materials Trans-
378

HR 2202 PCS

1 portation Act (49 U.S.C. App. 1804, 1805)’’

2 and inserting ‘‘section 5103(b), 5104, 5106,

3 5107, or 5110 of title 49, United States Code’’.

4 (4) Section 286(h)(1)(A) (8 U.S.C.

5 1356(h)(1)(A)) is amended by inserting a period

6 after ‘‘expended’’.

7 (5) Section 286(h)(2)(A) (8 U.S.C.

8 1356(h)(2)(A)) is amended—

9 (A) by striking ‘‘and’’ at the end of clause

10 (iv),

11 (B) by moving clauses (v) and (vi) 2 ems

12 to the left,

13 (C) by striking ‘‘; and’’ in clauses (v) and

14 (vi) and inserting ‘‘and for’’,

15 (D) by striking the colons in clauses (v)

16 and (vi), and

17 (E) by striking the period at the end of

18 clause (v) and inserting ‘‘; and’’.

19 (6) Section 412(b) (8 U.S.C. 1522(b)) is

20 amended by striking the comma after ‘‘is author21 ized’’ in paragraph (3) and after ‘‘The Secretary’’ in

22 paragraph (4).

23 (e) MISCELLANEOUS CHANGE IN THE IMMIGRATION

24 ACT OF 1990.—Section 161(c)(3) of the Immigration Act
379

HR 2202 PCS

1 of 1990 is amended by striking ‘‘an an’’ and inserting ‘‘of

2 an’’.

3 (f) MISCELLANEOUS CHANGES IN OTHER ACTS.—

4 (1) Section 506(a) of the Intelligence Author5 ization Act, Fiscal Year 1990 (Public Law 101–193)

6 is amended by striking ‘‘this section’’ and inserting

7 ‘‘such section’’.

8 (2) Section 140 of the Foreign Relations Au9 thorization Act, Fiscal Years 1994 and 1995, as

10 amended by section 505(2) of Public Law 103–317,

11 is amended—

12 (A) by moving the indentation of sub13 sections (f) and (g) 2 ems to the left, and

14 (B) in subsection (g), by striking ‘‘(g)’’

15 and all that follows through ‘‘shall’’ and insert16 ing ‘‘(g) Subsections (d) and (e) shall’’.

Passed the House of Representatives March 21,

1996.

Attest: ROBIN H. CARLE,

Clerk.