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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2202 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                           May 2, 1996.
      Resolved, That the bill from the House of Representatives (H.R. 
2202) entitled ``An Act to amend the Immigration and Nationality Act to 
improve deterrence of illegal immigration to the United States by 
increasing border patrol and investigative personnel, by increasing 
penalties for alien smuggling and for document fraud, by reforming 
exclusion and deportation law and procedures, by improving the 
verification system for eligibility for employment, and through other 
measures, to reform the legal immigration system and facilitate legal 
entries into the United States, and for other purposes'', do pass with 
the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; REFERENCES IN ACT.

    (a) Short Title.--This Act may be cited as the ``Immigration 
Control and Financial Responsibility Act of 1996''.
    (b) References in Act.--Except as otherwise specifically provided 
in this Act, whenever in this Act an amendment or repeal is expressed 
as an amendment to or repeal of a provision, the reference shall be 
deemed to be made to the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.).

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title; references in Act.
Sec. 2. Table of contents.

                      TITLE I--IMMIGRATION CONTROL

                      Subtitle A--Law Enforcement

        Part 1--Additional Enforcement Personnel and Facilities

Sec. 101. Border Patrol agents.
Sec. 102. Investigators.
Sec. 103. Land border inspectors.
Sec. 104. Investigators of visa overstayers.
Sec. 105. Increased personnel levels for the Labor Department.
Sec. 106. Increase in INS detention facilities.
Sec. 107. Hiring and training standards.
Sec. 108. Construction of physical barriers, deployment of technology 
                            and improvements to roads in the border 
                            area near San Diego, California.
Sec. 109. Preserve law enforcement functions and capabilities in 
                            interior States.

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

           subpart a--development of new verification system
Sec. 111. Establishment of new system.
Sec. 112. Demonstration projects.
Sec. 113. Comptroller General monitoring and reports.
Sec. 114. General nonpreemption of existing rights and remedies.
Sec. 11subpart b--strengthening existing verification procedures
Sec. 116. Changes in list of acceptable employment-verification 
                            documents.
Sec. 117. Treatment of certain documentary practices as unfair 
                            immigration-related employment practices.
Sec. 118. Improvements in identification-related documents.
Sec. 119. Enhanced civil penalties if labor standards violations are 
                            present.
Sec. 120. Increased number of Assistant United States Attorneys to 
                            prosecute cases of unlawful employment of 
                            aliens or document fraud.
Sec. 120A. Subpoena authority for cases of unlawful employment of 
                            aliens or document fraud.
Sec. 120B. Task force to improve public education regarding unlawful 
                            employment of aliens and unfair 
                            immigration-related employment practices.
Sec. 120C. Nationwide fingerprinting of apprehended aliens.
Sec. 120D. Application of verification procedures to State agency 
                            referrals of employment.
Sec. 120E. Retention of verification form.

                Part 3--Alien Smuggling; Document Fraud

Sec. 121. Wiretap authority for investigations of alien smuggling or 
                            document fraud.
Sec. 122. Additional coverage in RICO for offenses relating to alien 
                            smuggling and document fraud.
Sec. 123. Increased criminal penalties for alien smuggling.
Sec. 124. Admissibility of videotaped witness testimony.
Sec. 125. Expanded forfeiture for alien smuggling and document fraud.
Sec. 126. Criminal forfeiture for alien smuggling, unlawful employment 
                            of aliens, or document fraud.
Sec. 127. Increased criminal penalties for fraudulent use of 
                            government-issued documents.
Sec. 128. Criminal penalty for false statement in a document required 
                            under the immigration laws or knowingly 
                            presenting document which fails to contain 
                            reasonable basis in law or fact.
Sec. 129. New criminal penalties for failure to disclose role as 
                            preparer of false application for asylum or 
                            for preparing certain post-conviction 
                            applications.
Sec. 130. New document fraud offenses; new civil penalties for document 
                            fraud.
Sec. 131. Penalties for involuntary servitude.
Sec. 132. Exclusion relating to material support to terrorists.

                   Part 4--Exclusion and Deportation

Sec. 141. Special exclusion in extraordinary migration situations.
Sec. 142. Judicial review of orders of exclusion and deportation.
Sec. 143. Civil penalties and visa ineligibility, for failure to 
                            depart.
Sec. 144. Conduct of proceedings by electronic means.
Sec. 145. Subpoena authority.
Sec. 146. Language of deportation notice; right to counsel.
Sec. 147. Addition of nonimmigrant visas to types of visa denied for 
                            countries refusing to accept deported 
                            aliens.
Sec. 148. Authorization of special fund for costs of deportation.
Sec. 149. Pilot program to increase efficiency in removal of detained 
                            aliens.
Sec. 150. Limitations on relief from exclusion and deportation.
Sec. 151. Alien stowaways.
Sec. 152. Pilot program on interior repatriation and other methods to 
                            deter multiple unlawful entries.
Sec. 153. Pilot program on use of closed military bases for the 
                            detention of excludable or deportable 
                            aliens.
Sec. 154. Physical and mental examinations.
Sec. 155. Certification requirements for foreign health-care workers.
Sec. 156. Increased bar to reentry for aliens previously removed.
Sec. 157. Elimination of consulate shopping for visa overstays.
Sec. 158. Incitement as a basis for exclusion from the United States.
Sec. 159. Conforming amendment to withholding of deportation.

                        Part 5--Criminal Aliens

Sec. 161. Amended definition of aggravated felony.
Sec. 162. Ineligibility of aggravated felons for adjustment of status.
Sec. 163. Expeditious deportation creates no enforceable right for 
                            aggravated felons.
Sec. 164. Custody of aliens convicted of aggravated felonies.
Sec. 165. Judicial deportation.
Sec. 166. Stipulated exclusion or deportation.
Sec. 167. Deportation as a condition of probation.
Sec. 168. Annual report on criminal aliens.
Sec. 169. Undercover investigation authority.
Sec. 170. Prisoner transfer treaties.
Sec. 170A. Prisoner transfer treaties study.
Sec. 170B. Using alien for immoral purposes, filing requirement.
Sec. 170C. Technical corrections to Violent Crime Control Act and 
                            Technical Corrections Act.
Sec. 170D. Demonstration project for identification of illegal aliens 
                            in incarceration facility of Anaheim, 
                            California.

                         Part 6--Miscellaneous

Sec. 171. Immigration emergency provisions.
Sec. 172. Authority to determine visa processing procedures.
Sec. 173. Joint study of automated data collection.
Sec. 174. Automated entry-exit control system.
Sec. 175. Use of legalization and special agricultural worker 
                            information.
Sec. 176. Rescission of lawful permanent resident status.
Sec. 177. Communication between Federal, State, and local government 
                            agencies, and the Immigration and 
                            Naturalization Service.
Sec. 178. Authority to use volunteers.
Sec. 179. Authority to acquire Federal equipment for border.
Sec. 180. Limitation on legalization litigation.
Sec. 181. Limitation on adjustment of status.
Sec. 182. Report on detention space.
Sec. 183. Compensation of immigration judges.
Sec. 184. Acceptance of State services to carry out immigration 
                            enforcement.
Sec. 185. Alien witness cooperation.

                   Subtitle B--Other Control Measures

                        Part 1--Parole Authority

Sec. 191. Usable only on a case-by-case basis for humanitarian reasons 
                            or significant public benefit.
Sec. 192. Inclusion in worldwide level of family-sponsored immigrants.

                             Part 2--Asylum

Sec. 193. Time limitation on asylum claims.
Sec. 194. Limitation on work authorization for asylum applicants.
Sec. 195. Increased resources for reducing asylum application backlogs.

                      Part 3--Cuban Adjustment Act

Sec. 196. Repeal and exception.

                      Subtitle C--Effective Dates

Sec. 197. Effective dates.

                   TITLE II--FINANCIAL RESPONSIBILITY

           Subtitle A--Receipt of Certain Government Benefits

Sec. 201. Ineligibility of excludable, deportable, and nonimmigrant 
                            aliens.
Sec. 202. Definition of ``public charge'' for purposes of deportation.
Sec. 203. Requirements for sponsor's affidavit of support.
Sec. 204. Attribution of sponsor's income and resources to family-
                            sponsored immigrants.
Sec. 205. Verification of student eligibility for postsecondary Federal 
                            student financial assistance.
Sec. 206. Authority of States and localities to limit assistance to 
                            aliens and to distinguish among classes of 
                            aliens in providing general public 
                            assistance.
Sec. 207. Increased maximum criminal penalties for forging or 
                            counterfeiting seal of a Federal department 
                            or agency to facilitate benefit fraud by an 
                            unlawful alien.
Sec. 208. State option under the medicaid program to place anti-fraud 
                            investigators in hospitals.
Sec. 209. Computation of targeted assistance.

                  Subtitle B--Miscellaneous Provisions

Sec. 211. Reimbursement of States and localities for emergency medical 
                            assistance for certain illegal aliens.
Sec. 212. Treatment of expenses subject to emergency medical services 
                            exception.
Sec. 213. Pilot programs.
Sec. 214. Use of public schools by nonimmigrant foreign students.
Sec. 215. Pilot program to collect information relating to nonimmigrant 
                            foreign students.
Sec. 216. False claims of United States citizenship.
Sec. 217. Voting by aliens.
Sec. 218. Exclusion grounds for offenses of domestic violence, 
                            stalking, crimes against children, and 
                            crimes of sexual violence.

                     Subtitle C--Housing Assistance

Sec. 221. Short title.
Sec. 222. Prorating of financial assistance.
Sec. 223. Actions in cases of termination of financial assistance.
Sec. 224. Verification of immigration status and eligibility for 
                            financial assistance.
Sec. 225. Prohibition of sanctions against entities making financial 
                            assistance eligibility determinations.
Sec. 226. Eligibility for public and assisted housing.
Sec. 227. Regulations.

                      Subtitle D--Effective Dates

Sec. 231. Effective dates.

                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Changes regarding visa application process.
Sec. 302. Visa waiver program.
Sec. 303. Technical amendment.
Sec. 304. Criminal penalties for high speed flights from immigration 
                            checkpoints.
Sec. 305. Children born abroad to United States citizen mothers; 
                            transmission requirements.
Sec. 306. Fee for diversity immigrant lottery.
Sec. 307. Support of demonstration projects for naturalization 
                            ceremonies.
Sec. 308. Review of contracts with English and civics test entities.
Sec. 309. Designation of a United States customs administrative 
                            building.
Sec. 310. Waiver of foreign country residence requirement with respect 
                            to international medical graduates.
Sec. 311. Continued validity of labor certifications and petitions for 
                            professional athletes.
Sec. 312. Mail-order bride business.
Sec. 313. Appropriations for Criminal Alien Tracking Center.
Sec. 314. Border Patrol Museum.
Sec. 315. Pilot programs to permit bonding.
Sec. 316. Minimum State INS presence.
Sec. 317. Disqualification from attaining nonimmigrant or permanent 
                            residence status.
Sec. 318. Passports issued for children under 16.
Sec. 319. Exclusion of certain aliens from family unity program.
Sec. 320. To ensure appropriately stringent penalties for conspiring 
                            with or assisting an alien to commit an 
                            offense under the Controlled Substances 
                            Import and Export Act.
Sec. 321. Review and report on H-2A nonimmigrant workers program.
Sec. 322. Findings related to the role of interior Border Patrol 
                            stations.
Sec. 323. Administrative review of orders.
Sec. 324. Social Security Act.
Sec. 325. Housing and Community Development Act of 1980.
Sec. 326. Higher Education Act of 1965.
Sec. 327. Land acquisition authority.
Sec. 328. Services to family members of INS officers killed in the line 
                            of duty.
Sec. 329. Powers and duties of the Attorney General and the 
                            Commissioner.
Sec. 330. Preclearance authority.
Sec. 331. Confidentiality provision for certain alien battered spouses 
                            and children.
Sec. 332. Development of prototype of counterfeit-resistant Social 
                            Security card required.
Sec. 333. Report on allegations of harassment by Canadian customs 
                            agents.
Sec. 334. Sense of Congress on the discriminatory application of the 
                            New Brunswick Provincial Sales Tax.
Sec. 335. Female genital mutilation.

                      TITLE I--IMMIGRATION CONTROL

                      Subtitle A--Law Enforcement

        PART 1--ADDITIONAL ENFORCEMENT PERSONNEL AND FACILITIES

SEC. 101. BORDER PATROL AGENTS.

    (a) Border Patrol Agents.--The Attorney General, in fiscal year 
1996 shall increase by no less than 700, and in each of fiscal years 
1997, 1998, 1999, and 2000, shall increase by no less than 1,000, the 
number of positions for full-time, active-duty Border Patrol agents 
within the Immigration and Naturalization Service above the number of 
such positions for which funds were allotted for the preceding fiscal 
year.
    (b) Border Patrol Support Personnel.--The Attorney General, in each 
of fiscal years 1996, 1997, 1998, 1999, and 2000, may increase by not 
more than 300 the number of positions for personnel in support of 
Border Patrol agents above the number of such positions for which funds 
were allotted for the preceding fiscal year.

SEC. 102. INVESTIGATORS.

    (a) Authorization.--There are authorized to be appropriated to the 
Department of Justice such funds as may be necessary to enable the 
Commissioner of the Immigration and Naturalization Service to increase 
the number of investigators and support personnel to investigate 
potential violations of sections 274 and 274A of the Immigration and 
Nationality Act (8 U.S.C. 1324 and 1324a) by a number equivalent to 300 
full-time active-duty investigators in each of fiscal years 1996, 1997, 
and 1998.
    (b) Limitation on Overtime.--None of the funds made available to 
the Immigration and Naturalization Service under this section shall be 
available for administrative expenses to pay any employee overtime pay 
in an amount in excess of $25,000 for any fiscal year.

SEC. 103. LAND BORDER INSPECTORS.

    In order to eliminate undue delay in the thorough inspection of 
persons and vehicles lawfully attempting to enter the United States, 
the Attorney General and the Secretary of the Treasury shall increase, 
by approximately equal numbers in each of fiscal years 1996 and 1997, 
the number of full-time land border inspectors assigned to active duty 
by the Immigration and Naturalization Service and the United States 
Customs Service to a level adequate to assure full staffing during peak 
crossing hours of all border crossing lanes currently in use, under 
construction, or whose construction has been authorized by Congress, 
except such low-use lanes as the Attorney General may designate.

SEC. 104. INVESTIGATORS OF VISA OVERSTAYERS.

    There are authorized to be appropriated to the Department of 
Justice such funds as may be necessary to enable the Commissioner of 
the Immigration and Naturalization Service to increase the number of 
investigators and support personnel to investigate visa overstayers by 
a number equivalent to 300 full-time active-duty investigators in 
fiscal year 1996.

SEC. 105. INCREASED PERSONNEL LEVELS FOR THE LABOR DEPARTMENT.

    (a) Investigators.--The Secretary of Labor, in consultation with 
the Attorney General, is authorized to hire in the Wage and Hour 
Division of the Department of Labor for fiscal years 1996 and 1997 not 
more than 350 investigators and staff to enforce existing legal 
sanctions against employers who violate current Federal wage and hour 
laws except that not more than 150 of the number of investigators 
authorized in this subparagraph shall be designated for the purpose of 
carrying out the responsibilities of the Secretary of Labor to conduct 
investigations, pursuant to a complaint or based on receipt of credible 
material information, where there is reasonable cause to believe that 
an employer has made a misrepresentation of a material fact on a labor 
certification application under section 212(a)(5) of the Immigration 
and Nationality Act or has failed to comply with the terms and 
conditions of such an application.
    (b) Assignment of Additional Personnel.--Individuals employed to 
fill the additional positions described in subsection (a) shall be 
assigned to investigate violations of wage and hour laws in areas where 
the Attorney General has notified the Secretary of Labor that there are 
high concentrations of aliens present in the United States in violation 
of law.
    (c) Preference for Bilingual Wage and Hour Inspectors.--In hiring 
new wage and our inspectors pursuant to this section, the Secretary of 
Labor shall give priority to the employment of multilingual candidates 
who are proficient in both English and such other language or languages 
as may be spoken in the region in which such inspectors are likely to 
be deployed.

SEC. 106. INCREASE IN INS DETENTION FACILITIES.

    Subject to the availability of appropriations, the Attorney General 
shall provide for an increase in the detention facilities of the 
Immigration and Naturalization Service to at least 9,000 beds before 
the end of fiscal year 1997.

SEC. 107. HIRING AND TRAINING STANDARDS.

    (a) Review of Hiring Standards.--Within 60 days of the enactment of 
this title, the Attorney General shall review all prescreening and 
hiring standards to be utilized by the Immigration and Naturalization 
Service to increase personnel pursuant to this title and, where 
necessary, revise those standards to ensure that they are consistent 
with relevant standards of professionalism.
    (b) Certification.--At the conclusion of each of the fiscal years 
1996, 1997, 1998, 1999, and 2000, the Attorney General shall certify in 
writing to the Congress that all personnel hired pursuant to this title 
for the previous fiscal year were hired pursuant to the appropriate 
standards.
    (c) Review of Training Standards.--(1) Within 180 days of the date 
of the enactment of this Act, the Attorney General shall review the 
sufficiency of all training standards to be utilized by the Immigration 
and Naturalization Service in training all personnel hired pursuant to 
this title.
    (2)(A) The Attorney General shall submit a report to the Congress 
on the results of the review conducted under paragraph (1), including--
            (i) a description of the status of ongoing efforts to 
        update and improve training throughout the Immigration and 
        Naturalization Service, and
            (ii) a statement of a timeframe for the completion of those 
        efforts.
    (B) In addition, the report shall disclose those areas of training 
that the Attorney General determines require additional or ongoing 
review in the future.

SEC. 108. CONSTRUCTION OF PHYSICAL BARRIERS, DEPLOYMENT OF TECHNOLOGY 
              AND IMPROVEMENTS TO ROADS IN THE BORDER AREA NEAR SAN 
              DIEGO, CALIFORNIA.

    There are authorized to be appropriated funds of $12,000,000 for 
the construction, expansion, improvement or deployment of triple-
fencing in addition to that currently under construction, where such 
triple-fencing is determined by the Immigration and Naturalization 
Service (INS) to be safe and effective, and in addition, bollard style 
concrete columns, all weather roads, low light television systems, 
lighting, sensors and other technologies along the international land 
border between the United States and Mexico south of San Diego, 
California, for the purpose of detecting and deterring unlawful entry 
across the border. Amounts appropriated under this section are 
authorized to remain available until expended. The INS, while 
constructing the additional fencing, shall incorporate the necessary 
safety features into the design of the fence system to insure the well-
being of Border Patrol agents deployed within or in near proximity to 
these additional barriers.

SEC. 109. PRESERVE LAW ENFORCEMENT FUNCTIONS AND CAPABILITIES IN 
              INTERIOR STATES.

    The Immigration and Naturalization Service shall, when deploying 
Border Patrol personnel from interior stations, coordinate with and act 
in conjunction with State and local law enforcement agencies to ensure 
that such redeployment does not degrade or compromise the law 
enforcement capabilities and functions currently performed at interior 
Border Patrol stations.

   PART 2--VERIFICATION OF ELIGIBILITY TO WORK AND TO RECEIVE PUBLIC 
                               ASSISTANCE

           Subpart A--Development of New Verification System

SEC. 111. ESTABLISHMENT OF NEW SYSTEM.

    (a) In General.--(1) Not later than three years after the date of 
enactment of this Act or, within one year after the end of the last 
renewed or additional demonstration project (if any) conducted pursuant 
to the exception in section 112(a)(4), whichever is later, the 
President shall--
            (A) develop and recommend to the Congress a plan for the 
        establishment of a data system or alternative system (in this 
        part referred to as the ``system''), subject to subsections (b) 
        and (c), to verify eligibility for employment in the United 
        States, and immigration status in the United States for 
        purposes of eligibility for benefits under public assistance 
        programs (as defined in section 201(f)(3) or government 
        benefits described in section 201(f)(4));
            (B) submit to the Congress a report setting forth--
                    (i) a description of such recommended plan;
                    (ii) data on and analyses of the alternatives 
                considered in developing the plan described in 
                subparagraph (A), including analyses of data from the 
                demonstration projects conducted pursuant to section 
                112; and
                    (iii) data on and analysis of the system described 
                in subparagraph (A), including estimates of--
                            (I) the proposed use of the system, on an 
                        industry-sector by industry-sector basis;
                            (II) the public assistance programs and 
                        government benefits for which use of the system 
                        is cost-effective and otherwise appropriate;
                            (III) the cost of the system;
                            (IV) the financial and administrative cost 
                        to employers;
                            (V) the reduction of undocumented workers 
                        in the United States labor force resulting from 
                        the system;
                            (VI) any unlawful discrimination caused by 
                        or facilitated by use of the system;
                            (VII) any privacy intrusions caused by 
                        misuse or abuse of system;
                            (VIII) the accuracy rate of the system; and
                            (IX) the overall costs and benefits that 
                        would result from implementation of the system.
    (2) The plan described in paragraph (1) shall take effect on the 
date of enactment of a bill or joint resolution approving the plan.
    (b) Objectives.--The plan described in subsection (a)(1) shall have 
the following objectives:
            (1) To substantially reduce illegal immigration and 
        unauthorized employment of aliens.
            (2) To increase employer compliance, especially in industry 
        sectors known to employ undocumented workers, with laws 
        governing employment of aliens.
            (3) To protect individuals from national origin or 
        citizenship-based unlawful discrimination and from loss of 
        privacy caused by use, misuse, or abuse of personal 
        information.
            (4) To minimize the burden on business of verification of 
        eligibility for employment in the United States, including the 
        cost of the system to employers.
            (5) To ensure that those who are ineligible for public 
        assistance or other government benefits are denied or 
        terminated, and that those eligible for public assistance or 
        other government benefits shall--
                    (A) be provided a reasonable opportunity to submit 
                evidence indicating a satisfactory immigration status; 
                and
                    (B) not have eligibility for public assistance or 
                other government benefits denied, reduced, terminated, 
                or unreasonably delayed on the basis of the 
                individual's immigration status until such a reasonable 
                opportunity has been provided.
    (c) System Requirements.--(1) A verification system may not be 
implemented under this section unless the system meets the following 
requirements:
            (A) The system must be capable of reliably determining with 
        respect to an individual whether--
                    (i) the person with the identity claimed by the 
                individual is authorized to work in the United States 
                or has the immigration status being claimed; and
                    (ii) the individual is claiming the identity of 
                another person.
            (B) Any document required by the system must be presented 
        to or examined by either an employer or an administrator of 
        public assistance or other government benefits, as the case may 
        be, and--
                    (i) must be in a form that is resistant to 
                counterfeiting and to tampering; and
                    (ii) must not be required by any Government entity 
                or agency as a national identification card or to be 
                carried or presented except--
                            (I) to verify eligibility for employment in 
                        the United States or immigration status in the 
                        United States for purposes of eligibility for 
                        benefits under public assistance programs (as 
                        defined in section 201(f)(3) or government 
                        benefits described in section 201(f)(4));
                            (II) to enforce the Immigration and 
                        Nationality Act or sections 911, 1001, 1028, 
                        1542, 1546, or 1621 of title 18, United States 
                        Code; or
                            (III) if the document was designed for 
                        another purposes (such as a license to drive a 
                        motor vehicle, a certificate of birth, or a 
                        social security account number card issued by 
                        the Administration), as required under law for 
                        such other purpose.
            (C) The system must not be used for law enforcement 
        purposes other than the purposes described in subparagraph (B).
            (D) The system must ensure that information is complete, 
        accurate, verifiable, and timely. Corrections or additions to 
        the system records of an individual provided by the individual, 
        the Administration, or the Service, or other relevant Federal 
        agency, must be checked for accuracy, processed, and entered 
        into the system within 10 business days after the agency's 
        acquisition of the correction or additional information.
            (E)(i) Any personal information obtained in connection with 
        a demonstration project under section 112 must not be made 
        available to Government agencies, employers, or other persons 
        except to the extent necessary--
                    (I) to verify, by an individual who is authorized 
                to conduct the employment verification process, that an 
                employee is not an unauthorized alien (as defined in 
                section 274A(h)(3) of the Immigration and Nationality 
                Act (8 U.S.C. 1324a(h)(3));
                    (II) to take other action required to carry out 
                section 112;
                    (III) to enforce the Immigration and Nationality 
                Act or section 911, 1001, 1028, 1542, 1546, or 1621 of 
                title 18, United States Code; or
                    (IV) to verify the individual's immigration status 
                for purposes of determining eligibility for Federal 
                benefits under public assistance programs (defined in 
                section 201(f)(3) or government benefits described in 
                section 201(f)(4)).
            (ii) In order to ensure the integrity, confidentiality, and 
        security of system information, the system and those who use 
        the system must maintain appropriate administrative, technical, 
        and physical safeguards, such as--
                    (I) safeguards to prevent unauthorized disclosure 
                of personal information, including passwords, 
                cryptography, and other technologies;
                    (II) audit trails to monitor system use; or
                    (III) procedures giving an individual the right to 
                request records containing personal information about 
                the individual held by agencies and used in the system, 
                for the purpose of examination, copying, correction, or 
                amendment, and a method that ensures notice to 
                individuals of these procedures.
            (F) A verification that a person is eligible for employment 
        in the United States may not be withheld or revoked under the 
        system for any reasons other than a determination pursuant to 
        section 274A of the Immigration and Nationality Act.
            (G) The system must be capable of accurately verifying 
        electronically within 5 business days, whether a person has the 
        required immigration status in the United States and is legally 
        authorized for employment in the United States in a substantial 
        percentage of cases (with the objective of not less than 99 
        percent).
            (H) There must be reasonable safeguards against the 
        system's resulting in unlawful discriminatory practices based 
        on national origin or citizenship status, including--
                    (i) the selective or unauthorized use of the system 
                to verify eligibility;
                    (ii) the use of the system prior to an offer of 
                employment;
                    (iii) the exclusion of certain individuals from 
                consideration for employment as a result of a perceived 
                likelihood that additional verification will be 
                required, beyond what is required for most job 
                applicants; or
                    (iv) denial reduction, termination, or unreasonable 
                delay of public assistance to an individual as a result 
                of the perceived likelihood that such additional 
                verification will be required.
    (2) As used in this subsection, the term ``business day'' means any 
day other than Saturday, Sunday, or any day on which the appropriate 
Federal agency is closed.
    (d) Remedies and Penalties for Unlawful Disclosure.--
            (1) Civil remedies.--
                    (A) Right of informational privacy.--The Congress 
                declares that any person who provides to an employer 
                the information required by this section or section 
                274A of the Immigration and Nationality Act (8 U.S.C. 
                1324a) has a privacy expectation that the information 
                will only be used for compliance with this Act or other 
                applicable Federal, State, or local law.
                    (B) Civil actions.--A employer, or other person or 
                entity, who knowingly and willfully discloses the 
                information that an employee is required to provide by 
                this section or section 274A of the Immigration and 
                Nationality Act (8 U.S.C. 1324a) for any purpose not 
                authorized by this Act or other applicable Federal, 
                State, or local law shall be liable to the employee for 
                actual damages. An action may be brought in any 
                Federal, State, or local court having jurisdiction over 
                the matter.
            (2) Criminal penalties.--Any employer, or other person or 
        entity, who willfully and knowingly obtains, uses, or discloses 
        information required pursuant to this section or section 274A 
        of the Immigration and Nationality Act (8 U.S.C. 1324a) for any 
        purpose not authorized by this Act or other applicable Federal, 
        State, or local law shall be found guilty of a misdemeanor and 
        fined not more than $5,000.
            (3) Privacy act.--
                    (A) In general.--Any person who is a United States 
                citizen, United States national, lawful permanent 
                resident, or other employment-authorized alien, and who 
                is subject to verification of work authorization or 
                lawful presence in the United States for purposes of 
                benefits eligibility under this section or section 112, 
                shall be considered an individual under section 
                552(a)(2) of title 5, United States Code, with respect 
                to records covered by this section.
                    (B) Definition.--For purposes of this paragraph, 
                the term ``record'' means an item, collection, or 
                grouping of information about an individual which--
                            (i) is created, maintained, or used by a 
                        Federal agency for the purpose of determining--
                                    (I) the individual's authorization 
                                to work; or
                                    (II) immigration status in the 
                                United States for purposes of 
                                eligibility to receive Federal, State 
                                or local benefits in the United States; 
                                and
                            (ii) contains the individuals's name or 
                        identifying number, symbol, or any other 
                        identifier assigned to the individual.
    (e) Employer Safeguards.--An employer shall not be liable for any 
penalty under section 274A of the Immigration and Nationality Act for 
employing an unauthorized alien, if--
            (1) the alien appeared throughout the term of employment to 
        be prima facie eligible for the employment under the 
        requirements of section 274A(b) of such Act;
            (2) the employer followed all procedures required in the 
        system; and
            (3)(A) the alien was verified under the system as eligible 
        for the employment; or
            (B) the employer discharged the alien within a reasonable 
        period after receiving notice that the final verification 
        procedure had failed to verify that the alien was eligible for 
        the employment.
    (f) Restriction on Use of Documents.--If the Attorney General 
determines that any document described in section 274A(b)(1) of the 
Immigration and Nationality Act as establishing employment 
authorization or identity does not reliably establish such 
authorization or identity or, to an unacceptable degree, is being used 
fraudulently or is being requested for purposes not authorized by this 
Act, the Attorney General may, by regulation, prohibit or place 
conditions on the use of the document for purposes of the system or the 
verification system established in section 274A(b) of the Immigration 
and Nationality Act.
    (g) Protection From Liability for Actions Taken on the Basis of 
Information Provided by the Verification System.--No person shall be 
civilly or criminally liable under section 274A of the Immigration and 
Nationality Act for any action adverse to an individual if such action 
was taken in good faith reliance on information relating to such 
individual provided through the system (including any demonstration 
project conducted under section 112).
    (h) Statutory Construction.--The provisions of this section 
supersede the provisions of section 274A of the Immigration and 
Nationality Act to the extent of any inconsistency therewith.

SEC. 112. DEMONSTRATION PROJECTS.

    (a) Authority.--
            (1) In general.--(A)(i) Subject to clause (ii) and (iv), 
        the President, acting through the Attorney General, shall begin 
        conducting several local or regional projects, and a project in 
        the legislative branch of the Federal Government, to 
        demonstrate the feasibility of alternative systems for 
        verifying eligibility for employment in the United States, and 
        immigration status in the United States for purposes of 
        eligibility for benefits under public assistance programs (as 
        defined in section 201(f)(3) and government benefits described 
        in section 201(f)(4)).
            (ii) Each project under this section shall be consistent 
        with the objectives of section 111(b) and this section and 
        shall be conducted in accordance with an agreement entered into 
        with the State, locality, employer, other entity, or the 
        legislative branch of the Federal Government, as the case may 
        be.
            (iii) In determining which State(s), localities, employers, 
        or other entities shall be designated for such projects, the 
        Attorney General shall take into account the estimated number 
        of excludable aliens and deportable aliens in each State or 
        locality.
            (iv) At a minimum, at least one project of the kind 
        described in paragraph (2)(E), at least one project of the kind 
        described in paragraph (2)(F), and at least one project of the 
        kind described in paragraph (2)(G), shall be conducted.
            (B) For purposes of this paragraph, the term ``legislative 
        branch of the Federal Government'' includes all offices 
        described in section 101(9) of the Congressional Accountability 
        Act of 1995 (2 U.S.C. 1301(9)) and all agencies of the 
        legislative branch of Government.
            (2) Description of projects.--Demonstration projects 
        conducted under this subsection may include, but are not 
        limited to--
                    (A) a system which allows employers to verify the 
                eligibility for employment of new employees using 
                Administration records and, if necessary, to conduct a 
                cross-check using Service records;
                    (B) a simulated linkage of the electronic records 
                of the Service and the Administration to test the 
                technical feasibility of establishing a linkage between 
                the actual electronic records of the Service and the 
                Administration;
                    (C) improvements and additions to the electronic 
                records of the Service and the Administration for the 
                purpose of using such records for verification of 
                employment eligibility;
                    (D) a system which allows employers to verify the 
                continued eligibility for employment of employees with 
                temporary work authorization;
                    (E) a system that requires employers to verify the 
                validity of employee social security account numbers 
                through a telephone call, and to verify employee 
                identity through a United States passport, a State 
                driver's license or identification document, or a 
                document issued by the Service for purposes of this 
                clause;
                    (F) a system which is based on State-issued 
                driver's licenses and identification cards that include 
                a machine readable social security account number and 
                are resistant to tampering and counterfeiting; and
                    (G) a system that requires employers to verify with 
                the Service the immigration status of every employee 
                except one who has attested that he or she is a United 
                States citizen or national.
            (3) Commencement date.--The first demonstration project 
        under this section shall commence not later than six months 
        after the date of the enactment of this Act.
            (4) Termination date.--The authority of paragraph (1) shall 
        cease to be effective four years after the date of enactment of 
        this Act, except that, if the President determines that any one 
        or more of the projects conducted pursuant to paragraph (2) 
        should be renewed, or one or more additional projects should be 
        conducted before a plan is recommended under section 
        111(a)(1)(A), the President may conduct such project or 
        projects for up to an additional three-year period, without 
        regard to section 274A(d)(4)(A) of the Immigration and 
        Nationality Act.
    (b) Objectives.--The objectives of the demonstration projects 
conducted under this section are--
            (1) to assist the Attorney General in measuring the 
        benefits and costs of systems for verifying eligibility for 
        employment in the United States, and immigration status in the 
        United States for purposes of eligibility for benefits under 
        public assistance programs defined in section 201(f)(3) and for 
        government benefits described in section 201(f)(4);
            (2) to assist the Service and the Administration in 
        determining the accuracy of Service and Administration data 
        that may be used in such systems; and
            (3) to provide the Attorney General with information 
        necessary to make determinations regarding the likely effects 
        of the tested systems on employers, employees, and other 
        individuals, including information on--
                    (A) losses of employment to individuals as a result 
                of inaccurate information in the system;
                    (B) unlawful discrimination;
                    (C) privacy violations;
                    (D) cost to individual employers, including the 
                cost per employee and the total cost as a percentage of 
                the employers payroll; and
                    (E) timeliness of initial and final verification 
                determinations.
    (c) Congressional Consultation.--(1) Not later than 12 months after 
the date of the enactment of this Act, and annually thereafter, the 
Attorney General or the Attorney General's representatives shall 
consult with the Committees on the Judiciary of the House of 
Representatives and the Senate regarding the demonstration projects 
being conducted under this section.
    (2) The Attorney General or her representative, in fulfilling the 
obligations described in paragraph (1), shall submit to the Congress 
the estimated cost to employers of each demonstration project, 
including the system's indirect and administrative costs to employers.
    (d) Implementation.--In carrying out the projects described in 
subsection (a), the Attorney General shall--
            (1) support and, to the extent possible, facilitate the 
        efforts of Federal and State government agencies in 
        developing--
                    (A) tamper- and counterfeit-resistant documents 
                that may be used in a new verification system, 
                including drivers' licenses or similar documents issued 
                by a State for the purpose of identification, the 
                social security account number card issued by the 
                Administration, and certificates of birth in the United 
                States or establishing United States nationality at 
                birth; and
                    (B) recordkeeping systems that would reduce the 
                fraudulent obtaining of such documents, including a 
                nationwide system to match birth and death records;
            (2) require appropriate notice to prospective employees 
        concerning employers' participation in a demonstration project, 
        which notice shall contain information on filing complaints 
        regarding misuse of information or unlawful discrimination by 
        employers participating in the demonstration; and
            (3) require employers to establish procedures developed by 
        the Attorney General--
                    (A) to safeguard all personal information from 
                unauthorized disclosure and to condition release of 
                such information to any person or entity upon the 
                person's or entity's agreement to safeguard such 
                information; and
                    (B) to provide notice to all new employees and 
                applicants for employment of the right to request an 
                agency to review, correct, or amend the employee's or 
                applicant's record and the steps to follow to make such 
                a request.
    (e) Report of Attorney General.--Not later than 60 days before the 
expiration of the authority for subsection (a)(1), the Attorney General 
shall submit to the Congress a report containing an evaluation of each 
of the demonstration projects conducted under this section, including 
the findings made by the Comptroller General under section 113.
    (f) System Requirements.--
            (1) In general.--Demonstration projects conducted under 
        this section shall substantially meet the criteria in section 
        111(c)(1), except that with respect to the criteria in 
        subparagraphs (D) and (G) of section 111(c)(1), such projects 
        are required only to be likely to substantially meet the 
        criteria, as determined by the Attorney General.
            (2) Superseding effect.--(A) If the Attorney General 
        determines that any demonstration project conducted under this 
        section substantially meets the criteria in section 111(c)(1), 
        other than the criteria in subparagraphs (D) and (G) of that 
        section, and meets the criteria in such subparagraphs (D) and 
        (G) to a sufficient degree, the requirements for participants 
        in such project shall apply during the remaining period of its 
        operation in lieu of the procedures required under section 
        274A(b) of the Immigration and Nationality Act. Section 274B of 
        such Act shall remain fully applicable to the participants in 
        the project.
            (B) If the Attorney General makes the determination 
        referred to in subparagraph (A), the Attorney General may 
        require other, or all, employers in the geographical area 
        covered by such project to participate in it during the 
        remaining period of its operation.
            (C) The Attorney General may not require any employer to 
        participate in such a project, except as provided in 
        subparagraph (B).
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
    (h) Statutory Construction.--The provisions of this section 
supersede the provisions of section 274A of the Immigration and 
Nationality Act to the extent of any inconsistency therewith.
    (i) Definition of Regional Project.--For purposes of this section, 
the term ``regional project'' means a project conducted in a 
geographical area which includes more than a single locality but which 
is smaller than an entire State.

SEC. 113. COMPTROLLER GENERAL MONITORING AND REPORTS.

    (a) In General.--The Comptroller General of the United States shall 
track, monitor, and evaluate the compliance of each demonstration 
project with the objectives of sections 111 and 112, and shall verify 
the results of the demonstration projects.
    (b) Responsibilities.--
            (1) Collection of information.--The Comptroller General of 
        the United States shall collect and consider information on 
        each requirement described in section 111(a)(1)(C).
            (2)  Tracking and recording of practices.--The Comptroller 
        General shall track and record unlawful discriminatory 
        employment practices, if any, resulting from the use or 
        disclosure of information pursuant to a demonstration project 
        or implementation of the system, using such methods as--
                    (A) the collection and analysis of data;
                    (B) the use of hiring audits; and
                    (C) use of computer audits, including the 
                comparison of such audits with hiring records.
            (3) Maintenance of data.--The Comptroller General shall 
        also maintain data on unlawful discriminatory practices 
        occurring among a representative sample of employers who are 
        not participants in any project under this section to serve as 
        a baseline for comparison with similar data obtained from 
        employers who are participants in projects under this section.
    (c) Reports.--
            (1) Demonstration projects.--Beginning 12 months after the 
        date of the enactment of this Act, and annually thereafter, the 
        Comptroller General of the United States shall submit a report 
        to the Committees on the Judiciary of the House of 
        Representatives and the Senate setting forth evaluations of--
                    (A) the extent to which each demonstration project 
                is meeting each of the requirements of section 111(c); 
                and
                    (B) the Comptroller General's preliminary findings 
                made under this section.
            (2) Verification system.--Not later than 60 days after the 
        submission to the Congress of the plan under section 111(a)(2), 
        the Comptroller General of the United States shall submit a 
        report to the Congress setting forth an evaluation of--
                    (A) the extent to which the proposed system, if 
                any, meets each of the requirements of section 111(c); 
                and
                    (B) the Comptroller General's findings made under 
                this section.

SEC. 114. GENERAL NONPREEMPTION OF EXISTING RIGHTS AND REMEDIES.

    Nothing in this subpart may be construed to deny, impair, or 
otherwise adversely affect any right or remedy available under Federal, 
State, or local law to any person on or after the date of the enactment 
of this Act except to the extent the right or remedy is inconsistent 
with any provision of this part.

SEC. 115. DEFINITIONS.

    For purposes of this subpart--
            (1) Administration.-- The term ``Administration'' means the 
        Social Security Administration.
            (2) Employment authorized alien.--The term ``employment 
        authorized alien'' means an alien who has been provided with an 
        ``employment authorized'' endorsement by the Attorney General 
        or other appropriate work permit in accordance with the 
        Immigration and Nationality Act.
            (3) Service.--The term ``Service'' means the Immigration 
        and Naturalization Service.

       Subpart B--Strengthening Existing Verification Procedures

SEC. 116. CHANGES IN LIST OF ACCEPTABLE EMPLOYMENT-VERIFICATION 
              DOCUMENTS.

    (a) Authority To Require Social Security Account Numbers.--Section 
274A (8 U.S.C. 1324a) is amended by adding at the end of subsection 
(b)(2) the following new sentence: ``The Attorney General is authorized 
to require an individual to provide on the form described in paragraph 
(1)(A) the individual's social security account number for purposes of 
complying with this section.''.
    (b) Changes in Acceptable Documentation for Employment 
Authorization and Identity.--
            (1) Reduction in number of acceptable employment-
        verification documents.--Section 274A(b)(1) (8 U.S.C. 
        1324a(b)(1)) is amended--
                    (A) in subparagraph (B)--
                            (i) by striking clauses (ii), (iii), and 
                        (iv);
                            (ii) by redesignating clause (v) as clause 
                        (ii);
                            (iii) in clause (i), by adding at the end 
                        ``or'';
                            (iv) in clause (ii) (as redesignated), by 
                        amending the text preceding subclause (I) to 
                        read as follows:
                            ``(ii) resident alien card, alien 
                        registration card, or other document designated 
                        by regulation by the Attorney General, if the 
                        document--''; and
                            (v) in clause (ii) (as redesignated)--
                                    (I) by striking ``and'' at the end 
                                of subclause (I);
                                    (II) by striking the period at the 
                                end of subclause (II) and inserting ``, 
                                and''; and
                                    (III) by adding at the end the 
                                following new subclause:
                                    ``(III) contains appropriate 
                                security features.''; and
                    (B) in subparagraph (C)--
                            (i) by inserting ``or'' after the 
                        ``semicolon'' at the end of clause (i);
                            (ii) by striking clause (ii); and
                            (iii) by redesignating clause (iii) as 
                        clause (ii).
            (2) Authority to prohibit use of certain documents.--If the 
        Attorney General finds, by regulation, that any document 
        described in section 274A(b)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1324a(b)(1)) as establishing 
        employment authorization or identity does not reliably 
        establish such authorization or identity or is being used 
        fraudulently to an unacceptable degree, the Attorney General 
        may prohibit or place conditions on its use for purposes of the 
        verification system established in section 274A(b) of the 
        Immigration and Nationality Act under section 111 of this Act.
    (c) Effective Date.--The amendments made by subsections (a) and 
(b)(1) shall apply with respect to hiring (or recruiting or referring) 
occurring on or after such date as the Attorney General shall designate 
(but not later than 180 days after the date of the enactment of this 
Act).

SEC. 117. TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS UNFAIR 
              IMMIGRATION-RELATED EMPLOYMENT PRACTICES

    Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is amended--
            (1) by striking ``For purposes of paragraph (1), a'' and 
        inserting ``A''; and
            (2) by striking ``relating to the hiring of individuals'' 
        and inserting the following: ``if made for the purpose or with 
        the intent of discriminating against an individual in violation 
        of paragraph (1)''.

SEC. 118. IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS.

    (a) Birth Certificates.--
            (1) Limitation on acceptance.--(A) No Federal agency, 
        including but not limited to the Social Security Administration 
        and the Department of State, and no State agency that issues 
        driver's licenses or identification documents, may accept for 
        any official purpose a copy of a birth certificate, as defined 
        in paragraph (5), unless it is issued by a State or local 
        authorized custodian of record and it conforms to standards 
        described in subparagraph (B).
            (B) The standards described in this subparagraph are those 
        set forth in regulations promulgated by the Federal agency 
        designated by the President, after consultation with such other 
        Federal agencies as the President shall designate and with 
        State vital statistics offices, and shall--
                    (i) include but not be limited to--
                            (I) certification by the agency issuing the 
                        birth certificate, and
                            (II) use of safety paper, the seal of the 
                        issuing agency, and other features designed to 
                        limit tampering, counterfeiting, and 
                        photocopying, or otherwise duplicating, for 
                        fraudulent purposes,
                    (ii) not require a single design to which the 
                official birth certificate copies issued by each State 
                must conform; and
                    (iii) accommodate the differences between the 
                States in the manner and form in which birth records 
                are stored and in how birth certificate copies are 
                produced from such records.
            (2) Limitation on issuance.--(A) If one or more of the 
        conditions described in subparagraph (B) is present, no State 
        or local government agency may issue an official copy of a 
        birth certificate pertaining to an individual unless the copy 
        prominently notes that such individual is deceased.
            (B) The conditions described in this subparagraph include--
                    (i) the presence on the original birth certificate 
                of a notation that the individual is deceased, or
                    (ii) actual knowledge by the issuing agency that 
                the individual is deceased obtained through information 
                provided by the Social Security Administration, by an 
                interstate system of birth-death matching, or 
                otherwise.
            (3) Grants to states.--(A)(i) The Secretary of Health and 
        Human Services, in consultation with other agencies designated 
        by the President, shall establish a fund, administered through 
        the National Center for Health Statistics, to provide grants to 
        the States to encourage them to develop the capability to match 
        birth and death records, within each State and among the 
        States, and to note the fact of death on the birth certificates 
        of deceased persons. In developing the capability described in 
        the preceding sentence, States shall focus first on persons who 
        were born after 1950.
            (ii) Such grants shall be provided in proportion to 
        population and in an amount needed to provide a substantial 
        incentive for the States to develop such capability.
            (B) The Secretary of Health and Human Services shall 
        establish a fund, administered through the National Center for 
        Health Statistics, to provide grants to the States for a 
        project in each of 5 States to demonstrate the feasibility of a 
        system by which each such State's office of vital statistics 
        would be provided, within 24 hours, sufficient information to 
        establish the fact of death of every individual dying in such 
        State.
            (C) There are authorized to be appropriated to the 
        Department of Health and Human Services such amounts as may be 
        necessary to provide the grants described in subparagraphs (A) 
        and (B).
            (4) Report.--(A) Not later than one year after the date of 
        the enactment of this Act, the Secretary of Health and Human 
        Services shall submit a report to the Congress on ways to 
        reduce the fraudulent obtaining and the fraudulent use of birth 
        certificates, including any such use to obtain a social 
        security account number or a State or Federal document related 
        to identification or immigration.
            (B) Not later than one year after the date of enactment of 
        this Act, the agency designated by the President in paragraph 
        (1)(B) shall submit a report setting forth, and explaining, the 
        regulations described in such paragraph.
            (C) There are authorized to be appropriated to the 
        Department of Health and Human Services such amounts as may be 
        necessary for the preparation of the report described in 
        subparagraph (A).
            (5) Certificate of birth.--As used in this section, the 
        term ``birth certificate'' means a certificate of birth of--
                    (A) a person born in the United States, or
                    (B) a person born abroad who is a citizen or 
                national of the United States at birth, whose birth is 
                registered in the United States.
            (6) Effective dates.--
                    (A) Except as otherwise provided in subparagraph 
                (B) and in paragraph (4), this subsection shall take 
                effect two years after the enactment of this Act.
                    (B) Paragraph (1)(A) shall take effect two years 
                after the submission of the report described in 
                paragraph (4)(B).
    (b) State-Issued Drivers Licenses.--
            (1) Social security account number.--Each State-issued 
        driver's license and identification document shall contain a 
        social security account number, except that this paragraph 
        shall not apply if the document or license is issued by a State 
        that requires, pursuant to a statute, regulation, or 
        administrative policy which was, respectively, enacted, 
        promulgated, or implemented, prior to the date of enactment of 
        this Act, that--
                    (A) every applicant for such license or document 
                submit the number, and
                    (B) an agency of such State verify with the Social 
                Security Administration that the number is valid and is 
                not a number assigned for use by persons without 
                authority to work in the United States, but not that 
                the number appears on the card.
            (2) Application process.--The application process for a 
        State driver's license or identification document shall include 
        the presentation of such evidence of identity as is required by 
        regulations promulgated by the Secretary of Transportation, 
        after consultation with the American Association of Motor 
        Vehicle Administrators.
            (3) Form of license and identification document.--Each 
        State driver's license and identification document shall be in 
        a form consistent with requirements set forth in regulations 
        promulgated by the Secretary of Transportation, after 
        consultation with the American Association of Motor Vehicle 
        Administrators. Such form shall contain security features 
        designed to limit tampering, counterfeiting, and use by 
        impostors.
            (4) Limitation on acceptance of license and identification 
        document.--Neither the Social Security Administration or the 
        Passport Office or any other Federal agency or any State or 
        local government agency may accept for any evidentiary purpose 
        a State driver's license or identification document in a form 
        other than the form described in paragraph (3).
            (5) Effective dates.--
                    (A) Except as otherwise provided in subparagraph 
                (B) or (C), this subsection shall take effect on 
                October 1, 2000.
                    (B)(i) With respect to driver's licenses or 
                identification documents issued by States that issue 
                such licenses or documents for a period of validity of 
                six years or less, paragraphs (1) and (3) shall apply 
                beginning on October 1, 2000, but only to licenses or 
                documents issued to an individual for the first time 
                and to replacement or renewal licenses issued according 
                to State law.
                    (ii) With respect to driver's licenses or 
                identification documents issued in States that issue 
                such licenses or documents for a period of validity of 
                more than six years, paragraphs (1) and (3) shall 
                apply--
                            (I) during the period of October 1, 2000 
                        through September 30, 2006, only to licenses or 
                        documents issued to an individual for the first 
                        time and to replacement or renewal licenses 
                        issued according to State law, and
                            (II) beginning on October 1, 2006, to all 
                        driver's licenses or identification documents 
                        issued by such States.
                    (C) Paragraph (4) shall take effect on October 1, 
                2006.

SEC. 119. ENHANCED CIVIL PENALTIES IF LABOR STANDARDS VIOLATIONS ARE 
              PRESENT.

    (a) In General.--Section 274A(e) (8 U.S.C. 1324a(e)) is amended by 
adding at the end the following:
            ``(10)(A) The administrative law judge shall have the 
        authority to require payment of a civil money penalty in an 
        amount up to two times the amount of the penalty prescribed by 
        this subsection in any case in which the employer has been 
        found to have committed a willful violation or repeated 
        violations of any of the following statutes:
                    ``(i) The Fair Labor Standards Act (29 U.S.C. 201 
                et seq.) pursuant to a final determination by the 
                Secretary of Labor or a court of competent 
                jurisdiction.
                    ``(ii) The Migrant and Seasonal Agricultural Worker 
                Protection Act (29 U.S.C. 1801 et seq.) pursuant to a 
                final determination by the Secretary of Labor or a 
                court of competent jurisdiction.
                    ``(iii) The Family and Medical Leave Act (29 U.S.C. 
                2601 et seq.) pursuant to a final determination by the 
                Secretary of Labor or a court of competent 
                jurisdiction.
            ``(B) The Secretary of Labor and the Attorney General shall 
        consult regarding the administration of this paragraph.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to offenses occurring on or after the date of the 
enactment of this Act.

SEC. 120. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS TO 
              PROSECUTE CASES OF UNLAWFUL EMPLOYMENT OF ALIENS OR 
              DOCUMENT FRAUD.

    The Attorney General is authorized to hire for fiscal years 1996 
and 1997 such additional Assistant United States Attorneys as may be 
necessary for the prosecution of actions brought under sections 274A 
and 274C of the Immigration and Nationality Act and sections 911, 1001, 
1015 through 1018, 1028, 1030, 1541 through 1544, 1546, and 1621 of 
title 18, United States Code. Each such additional attorney shall be 
used primarily for such prosecutions.

SEC. 120A. SUBPOENA AUTHORITY FOR CASES OF UNLAWFUL EMPLOYMENT OF 
              ALIENS OR DOCUMENT FRAUD.

    (a) Immigration Officer Authority.--
            (1) Unlawful employment.--Section 274A(e)(2) (8 U.S.C. 
        1324a(e)(1)) is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting ``, and''; and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) immigration officers designated by the 
                Commissioner may compel by subpoena the attendance of 
                witnesses and the production of evidence at any 
                designated place prior to the filing of a complaint in 
                a case under paragraph (2).''.
            (2) Document fraud.--Section 274C(d)(1) (8 U.S.C. 
        1324c(d)(1)) is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting ``, and''; and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) immigration officers designated by the 
                Commissioner may compel by subpoena the attendance of 
                witnesses and the production of evidence at any 
                designated place prior to the filing of a complaint in 
                a case under paragraph (2).''.
    (b) Secretary of Labor Subpoena Authority.--
            (1) In general.--Chapter 9 of title II of the Immigration 
        and Nationality Act is amended by adding at the end the 
        following new section:

                ``secretary of labor subpoena authority

    ``Sec. 294. The Secretary of Labor may issue subpoenas requiring 
the attendance and testimony of witnesses or the production of any 
records, books, papers, or documents in connection with any 
investigation or hearing conducted in the enforcement of any 
immigration program for which the Secretary of Labor has been delegated 
enforcement authority under the Act. In such hearing, the Secretary of 
Labor may administer oaths, examine witnesses, and receive evidence. 
For the purpose of any such hearing or investigation, the authority 
contained in sections 9 and 10 of the Federal Trade Commission Act (15 
U.S.C. 49, 50), relating to the attendance of witnesses and the 
production of books, papers, and documents, shall be available to the 
Secretary of Labor.''.
            (2) Conforming amendment.--The table of contents of the 
        Immigration and Nationality Act is amended by inserting after 
        the item relating to section 293 the following new item:

``Sec. 294. Secretary of Labor subpoena authority.''.

SEC. 120B. TASK FORCE TO IMPROVE PUBLIC EDUCATION REGARDING UNLAWFUL 
              EMPLOYMENT OF ALIENS AND UNFAIR IMMIGRATION-RELATED 
              EMPLOYMENT PRACTICES.

    (a) Establishment.--The Attorney General shall establish a task 
force within the Department of Justice charged with the responsibility 
of--
            (1) providing advice and guidance to employers and 
        employees relating to unlawful employment of aliens under 
        section 274A of the Immigration and Nationality Act and unfair 
        immigration-related employment practices under 274B of such 
        Act; and
            (2) assisting employers in complying with those laws.
    (b) Composition.--The members of the task force shall be designated 
by the Attorney General from among officers or employees of the 
Immigration and Naturalization Service or other components of the 
Department of Justice.
    (c) Annual Report.--The task force shall report annually to the 
Attorney General on its operations.

SEC. 120C. NATIONWIDE FINGERPRINTING OF APPREHENDED ALIENS.

    There are authorized to be appropriated such additional sums as may 
be necessary to ensure that the program ``IDENT'', operated by the 
Immigration and Naturalization Service pursuant to section 130007 of 
Public Law 103-322, shall be expanded into a nationwide program.

SEC. 120D. APPLICATION OF VERIFICATION PROCEDURES TO STATE AGENCY 
              REFERRALS OF EMPLOYMENT.

    Section 274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the end 
the following new paragraph:
            ``(6) State agency referrals.--A State employment agency 
        that refers any individual for employment shall comply with the 
        procedures specified in subsection (b). For purposes of the 
        attestation requirement in subsection (b)(1), the agency 
        employee who is primarily involved in the referral of the 
        individual shall make the attestation on behalf of the 
        agency.''.

SEC. 120E. RETENTION OF VERIFICATION FORM.

    Section 274A(b)(3) (8 U.S.C. 1324a(b)(3)) is amended by inserting 
after ``must retain the form'' the following: ``(except in any case of 
disaster, act of God, or other event beyond the control of the person 
or entity)''.

                PART 3--ALIEN SMUGGLING; DOCUMENT FRAUD

SEC. 121. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN SMUGGLING OR 
              DOCUMENT FRAUD.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) in paragraph (c), by striking ``or section 1992 
        (relating to wrecking trains)'' and inserting ``section 1992 
        (relating to wrecking trains), a felony violation of section 
        1028 (relating to production of false identification 
        documentation), section 1425 (relating to the procurement of 
        citizenship or nationalization unlawfully), section 1426 
        (relating to the reproduction of naturalization or citizenship 
        papers), section 1427 (relating to the sale of naturalization 
        or citizenship papers), section 1541 (relating to passport 
        issuance without authority), section 1542 (relating to false 
        statements in passport applications), section 1543 (relating to 
        forgery or false use of passports), section 1544 (relating to 
        misuse of passports), or section 1546 (relating to fraud and 
        misuse of visas, permits, and other documents)'';
            (2) by striking ``or'' at the end of paragraph (l);
            (3) by redesignating paragraphs (m), (n), and (o) as 
        paragraphs (n), (o), and (p), respectively; and
            (4) by inserting after paragraph (l) the following new 
        paragraph:
    ``(m) a violation of section 274, 277, or 278 of the Immigration 
and Nationality Act (8 U.S.C. 1324, 1327, or 1328) (relating to the 
smuggling of aliens);''.

SEC. 122. ADDITIONAL COVERAGE IN RICO FOR OFFENSES RELATING TO ALIEN 
              SMUGGLING AND DOCUMENT FRAUD.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' after ``law of the United States,'';
            (2) by inserting ``or'' at the end of clause (E); and
            (3) by adding at the end the following: ``(F) any act, or 
        conspiracy to commit any act, in violation of--
                    ``(i) section 1028 (relating to production of false 
                identification documentation), section 1425 (relating 
                to the procurement of citizenship or nationalization 
                unlawfully), section 1426 (relating to the reproduction 
                of naturalization or citizenship papers), section 1427 
                (relating to the sale of naturalization or citizenship 
                papers), section 1541 (relating to passport issuance 
                without authority), section 1542 (relating to false 
                statements in passport applications), section 1543 
                (relating to forgery or false use of passports), or 
                section 1544 (relating to misuse of passports) of this 
                title, or, for personal financial gain, section 1546 
                (relating to fraud and misuse of visas, permits, and 
                other documents) of this title; or
                    ``(ii) section 274, 277, or 278 of the Immigration 
                and Nationality Act.''.

SEC. 123. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

    (a) In General.--Section 274(a) (8 U.S.C. 1324(a)) is amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``or'' at the end of clause (iii);
                    (B) by striking the comma at the end of clause (iv) 
                and inserting ``; or''; and
                    (C) by adding at the end the following new clause:
                            ``(v)(I) engages in any conspiracy to 
                        commit any of the preceding acts, or
                            ``(II) aids or abets the commission of any 
                        of the preceding acts,'';
            (2) in paragraph (1)(B)--
                    (A) in clause (i), by inserting ``or (v)(I)'' after 
                ``(A)(i)'';
                    (B) in clause (ii), by striking ``or (iv)'' and 
                inserting ``(iv), or (v)(II)'';
                    (C) in clause (iii), by striking ``or (iv)'' and 
                inserting ``(iv), or (v)''; and
                    (D) in clause (iv), by striking ``or (iv)'' and 
                inserting ``(iv), or (v)'';
            (3) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``for each transaction constituting a 
                violation of this paragraph, regardless of the number 
                of aliens involved'' and inserting ``for each alien in 
                respect to whom a violation of this paragraph occurs''; 
                and
                    (B) in the matter following subparagraph (B)(iii), 
                by striking ``be fined'' and all that follows through 
                the period and inserting the following: ``be fined 
                under title 18, United States Code, and shall be 
                imprisoned for a first or second offense, not more than 
                10 years, and for a third or subsequent offense, not 
                more than 15 years.''; and
            (4) by adding at the end the following new paragraph:
            ``(3) Any person who hires for employment an alien--
                    ``(A) knowing that such alien is an unauthorized 
                alien (as defined in section 274A(h)(3)), and
                    ``(B) knowing that such alien has been brought into 
                the United States in violation of this subsection,
        shall be fined under title 18, United States Code, and shall be 
        imprisoned for not more than 5 years.''.
    (b) Smuggling of Aliens Who Will Commit Crimes.--Section 
274(a)(2)(B) (8 U.S.C. 1324(a)(2)) is amended--
            (1) by striking ``or'' at the end of clause (ii);
            (2) by redesignating clause (iii) as clause (iv); and
            (3) by inserting after clause (ii) the following new 
        clause:
                            ``(iii) an offense committed with the 
                        intent, or with substantial reason to believe, 
                        that the alien unlawfully brought into the 
                        United States will commit an offense against 
                        the United States or any State punishable by 
                        imprisonment for more than 1 year; or''.
    (c) Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall promulgate sentencing guidelines or 
        amend existing sentencing guidelines for offenders convicted of 
        offenses related to smuggling, transporting, harboring, or 
        inducing aliens in violation of section 274(a) (1)(A) or (2)(B) 
        of the Immigration and Nationality Act (8 U.S.C. 1324(a) 
        (1)(A), (2)(B)) in accordance with this subsection.
            (2) Requirements.--In carrying out this subsection, the 
        Commission shall, with respect to the offenses described in 
        paragraph (1)--
                    (A) increase the base offense level for such 
                offenses at least 3 offense levels above the applicable 
                level in effect on the date of the enactment of this 
                Act;
                    (B) review the sentencing enhancement for the 
                number of aliens involved (U.S.S.G. 2L1.1(b)(2)), and 
                increase the sentencing enhancement by at least 50 
                percent above the applicable enhancement in effect on 
                the date of the enactment of this Act;
                    (C) impose an appropriate sentencing enhancement 
                upon an offender with 1 prior felony conviction arising 
                out of a separate and prior prosecution for an offense 
                that involved the same or similar underlying conduct as 
                the current offense, to be applied in addition to any 
                sentencing enhancement that would otherwise apply 
                pursuant to the calculation of the defendant's criminal 
                history category;
                    (D) impose an additional appropriate sentencing 
                enhancement upon an offender with 2 or more prior 
                felony convictions arising out of separate and prior 
                prosecutions for offenses that involved the same or 
                similar underling conduct as the current offense, to be 
                applied in addition to any sentencing enhancement that 
                would otherwise apply pursuant to the calculation of 
                the defendant's criminal history category;
                    (E) impose an appropriate sentencing enhancement on 
                a defendant who, in the course of committing an offense 
                described in this subsection--
                            (i) murders or otherwise causes death, 
                        bodily injury, or serious bodily injury to an 
                        individual;
                            (ii) uses or brandishes a firearm or other 
                        dangerous weapon; or
                            (iii) engages in conduct that consciously 
                        or recklessly places another in serious danger 
                        of death or serious bodily injury;
                    (F) consider whether a downward adjustment is 
                appropriate if the offense conduct involves fewer than 
                6 aliens or the defendant committed the offense other 
                than for profit; and
                    (G) consider whether any other aggravating or 
                mitigating circumstances warrant upward or downward 
                sentencing adjustments.
    (d) Emergency Authority to Sentencing Commission.--The Commission 
shall promulgate the guidelines or amendments provided for under this 
section as soon as practicable in accordance with the procedure set 
forth in section 21(a) of the Sentencing Act of 1987, as though the 
authority under that Act had not expired.
    (e) Effective Date.--This section and the amendments made by this 
section shall apply with respect to offenses occurring on or after the 
date of the enactment of this Act.

SEC. 124. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY.

    Section 274 (8 U.S.C. 1324) is amended by adding at the end thereof 
the following new subsection:
    ``(d) Notwithstanding any provision of the Federal Rules of 
Evidence, the videotaped (or otherwise audiovisually preserved) 
deposition of a witness to a violation of subsection (a) who has been 
deported or otherwise expelled from the United States, or is otherwise 
unable to testify, may be admitted into evidence in an action brought 
for that violation if the witness was available for cross examination 
and the deposition otherwise complies with the Federal Rules of 
Evidence.''.

SEC. 125. EXPANDED FORFEITURE FOR ALIEN SMUGGLING AND DOCUMENT FRAUD.

    (a) In General.--Section 274(b) (8 U.S.C. 1324(b)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Any property, real or personal, which facilitates or 
        is intended to facilitate, or has been or is being used in or 
        is intended to be used in the commission of, a violation of, or 
        conspiracy to violate, subsection (a) or section 1028, 1425, 
        1426, 1427, 1541, 1542, 1543, 1544, or 1546 of title 18, United 
        States Code, or which constitutes, or is derived from or 
        traceable to, the proceeds obtained directly or indirectly from 
        a commission of a violation of, or conspiracy to violate, 
        subsection (a) or section 1028, 1425, 1426, 1427, 1541, 1542, 
        1543, 1544, or 1546 of title 18, United States Code, shall be 
        subject to seizure and forfeiture, except that--
                    ``(A) no property used by any person as a common 
                carrier in the transaction of business as a common 
                carrier shall be forfeited under the provisions of this 
                section unless it shall appear that the owner or other 
                person in charge of such property was a consenting 
                party or privy to the unlawful act;
                    ``(B) no property shall be forfeited under this 
                section by reason of any act or omission established by 
                the owner thereof to have been committed or omitted by 
                any person other than such owner while such property 
                was unlawfully in the possession of a person other than 
                the owner in violation of, or in conspiracy to violate, 
                the criminal laws of the United States or of any State; 
                and
                    ``(C) no property shall be forfeited under this 
                paragraph to the extent of an interest of any owner, by 
                reason of any act or omission established by such owner 
                to have been committed or omitted without the knowledge 
                or consent of such owner, unless such act or omission 
                was committed by an employee or agent of such owner, 
                and facilitated or was intended to facilitate, the 
                commission of a violation of, or a conspiracy to 
                violate, subsection (a) or section 1028, 1425, 1426, 
                1427, 1541, 1542, 1543, 1544, or 1546 of title 18, 
                United States Code, or was intended to further the 
                business interests of the owner, or to confer any other 
                benefit upon the owner.'';
            (2) in paragraph (2)--
                    (A) by striking ``conveyance'' both places it 
                appears and inserting ``property''; and
                    (B) by striking ``is being used in'' and inserting 
                ``is being used in, is facilitating, has facilitated, 
                or was intended to facilitate'';
            (3) in paragraph (3)--
                    (A) by inserting ``(A)'' immediately after ``(3)'', 
                and
                    (B) by adding at the end the following:
                    ``(B) Before the seizure of any real property 
                pursuant to this section, the Attorney General shall 
                provide notice and an opportunity to be heard to the 
                owner of the property. The Attorney General shall 
                prescribe such regulations as may be necessary to carry 
                out this subparagraph.'';
            (4) in paragraphs (4) and (5), by striking ``a conveyance'' 
        and ``conveyance'' each place such phrase or word appears and 
        inserting ``property''; and
            (5) in paragraph (4)--
                    (A) by striking ``or'' at the end of subparagraph 
                (C);
                    (B) by striking the period at the end of 
                subparagraph (D) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(E) transfer custody and ownership of forfeited 
                property to any Federal, State, or local agency 
                pursuant to section 616(c) of the Tariff Act of 1930 
                (19 U.S.C. 1616a(c)).''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to offenses occurring on or after the date of the 
enactment of this Act.

SEC. 126. CRIMINAL FORFEITURE FOR ALIEN SMUGGLING, UNLAWFUL EMPLOYMENT 
              OF ALIENS, OR DOCUMENT FRAUD.

    Section 274 (8 U.S.C. 1324(b)) is amended by redesignating 
subsections (c) and (d) as subsections (d) and (e) and inserting after 
subsection (b) the following:
    ``(c) Criminal Forfeiture.--(1) Any person convicted of a violation 
of, or a conspiracy to violate, subsection (a) or section 274A(a) (1) 
or (2) of this Act, or section 1028, 1425, 1426, 1427, 1541, 1542, 
1543, 1544, or 1546 of title 18, United States Code, shall forfeit to 
the United States, regardless of any provision of State law--
            ``(A) any conveyance, including any vessel, vehicle, or 
        aircraft used in the commission of a violation of, or a 
        conspiracy to violate, subsection (a); and
            ``(B) any property real or personal--
                    ``(i) that constitutes, or is derived from or is 
                traceable to the proceeds obtained directly or 
                indirectly from the commission of a violation of, or a 
                conspiracy to violate, subsection (a), section 274A(a) 
                (1) or (2) of this Act, or section 1028, 1425, 1426, 
                1427, 1541, 1542, 1543, 1544, or 1546 of title 18, 
                United States Code; or
                    ``(ii) that is used to facilitate, or is intended 
                to be used to facilitate, the commission of a violation 
                of, or a conspiracy to violate, subsection (a), section 
                274A(a) (1) or (2) of this Act, or section 1028, 1425, 
                1426, 1427, 1541, 1542, 1543, 1544, or 1546 of title 
                18, United States Code.
The court, in imposing sentence on such person, shall order that the 
person forfeit to the United States all property described in this 
subsection.
    ``(2) The criminal forfeiture of property under this subsection, 
including any seizure and disposition of the property and any related 
administrative or judicial proceeding, shall be governed by the 
provisions of section 413 of the Comprehensive Drug Abuse Prevention 
and Control Act of 1970 (21 U.S.C. 853), other than subsections (a) and 
(d) of such section 413.''.

SEC. 127. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF 
              GOVERNMENT-ISSUED DOCUMENTS.

    (a) Penalties for Fraud and Misuse of Government-Issued 
Identification Documents.--(1) Section 1028(b) of title 18, United 
States Code, is amended to read as follows:
    ``(b)(1)(A) An offense under subsection (a) that is--
            ``(i) the production or transfer of an identification 
        document or false identification document that is or appears to 
        be--
                    ``(I) an identification document issued by or under 
                the authority of the United States; or
                    ``(II) a birth certificate, or a driver's license 
                or personal identification card;
            ``(ii) the production or transfer of more than five 
        identification documents or false identification documents; or
            ``(iii) an offense under paragraph (5) of such subsection 
        (a);
shall be punishable under subparagraph (B).
    ``(B) Except as provided in paragraph (4), a person who violates an 
offense described in subparagraph (A) shall be punishable by--
            ``(i) a fine under this title, imprisonment for not more 
        than 10 years, or both, for a first or second offense; or
            ``(ii) a fine under this title, imprisonment for not more 
        than 15 years, or both, for a third or subsequent offense.
    ``(2) A person convicted of an offense under subsection (a) that 
is--
            ``(A) any other production or transfer of an identification 
        document or false identification document; or
            ``(B) an offense under paragraph (3) of such subsection;
shall be punishable by a fine under this title, imprisonment for not 
more than three years, or both.
    ``(3) A person convicted of an offense under subsection (a), other 
than an offense described in paragraph (1) or (2), shall be punishable 
by a fine under this title, imprisonment for not more than one year, or 
both.
    ``(4) Notwithstanding any other provision of this section, the 
maximum term of imprisonment that may be imposed for an offense 
described in paragraph (1)(A) shall be--
            ``(A) if committed to facilitate a drug trafficking crime 
        (as defined in section 929(a) of this title), 15 years; and
            ``(B) if committed to facilitate an act of international 
        terrorism (as defined in section 2331 of this title), 20 
        years.''.
    (2) Sections 1541 through 1544 of title 18, United States Code, are 
amended by striking be fined under this title, imprisoned not more than 
10 years, or both.'' each place it appears and inserting the following:
    ``, except as otherwise provided in this section, be--
            ``(1) fined under this title, imprisoned for not more than 
        10 years, or both, for a first or second offense; or
            ``(2) fined under this title, imprisoned for not more than 
        15 years, or both, for a third or subsequent offense.
    ``Notwithstanding any other provision of this section, the maximum 
term of imprisonment that may be imposed for an offense under this 
section--
            ``(1) if committed to facilitate a drug trafficking crime 
        (as defined in section 929(a) of this title), is 15 years; and
            ``(2) if committed to facilitate an act of international 
        terrorism (as defined in section 2331 of this title), is 20 
        years.''.
    (3) Section 1546(a) of title 18, United States Code, is amended by 
striking ``be fined under this title, imprisoned not more than 10 
years, or both.'' and inserting the following:
    ``, except as otherwise provided in this subsection, be--
            ``(1) fined under this title, imprisoned for not more than 
        10 years, or both, for a first or second offense; or
            ``(2) fined under this title, imprisoned for not more than 
        15 years, or both, for a third or subsequent offense.
    ``Notwithstanding any other provision of this subsection, the 
maximum term of imprisonment that may be imposed for an offense under 
this subsection--
            ``(1) if committed to facilitate a drug trafficking crime 
        (as defined in section 929(a) of this title), is 15 years; and
            ``(2) if committed to facilitate an act of international 
        terrorism (as defined in section 2331 of this title), is 20 
        years.''.
    (4) Sections 1425 through 1427 of title 18, United States Code, are 
amended by striking ``be fined not more than $5,000 or imprisoned not 
more than five years, or both'' each place it appears and inserting ``, 
except as otherwise provided in this section, be--
            ``(1) fined under this title, imprisoned for not more than 
        10 years, or both, for a first or second offense; or
            ``(2) fined under this title, imprisoned for not more than 
        15 years, or both, for a third or subsequent offense.
    ``Notwithstanding any other provision of this section, the maximum 
term of imprisonment that may be imposed for an offense under this 
section--
            ``(1) if committed to facilitate a drug trafficking crime 
        (as defined in section 929(a) of this title), is 15 years; and
            ``(2) if committed to facilitate an act of international 
        terrorism (as defined in section 2331 of this title), is 20 
        years.''.
    (b) Changes to the Sentencing Levels.--
            (1) In general.--Pursuant to the Commission's authority 
        under section 994(p) of title 28, United States Code, the 
        United States Sentencing Commission shall promulgate sentencing 
        guidelines or amend existing sentencing guidelines for 
        offenders convicted of violating, or conspiring to violate, 
        sections 1028(b)(1), 1425 through 1427, 1541 through 1544, and 
        1546(a) of title 18, United States Code, in accordance with 
        this subsection.
            (2) Requirements.--In carrying out this subsection, the 
        Commission shall, with respect to the offenses referred to in 
        paragraph (1)--
                    (A) increase the base offense level for such 
                offenses at least 2 offense levels above the level in 
                effect on the date of the enactment of this Act;
                    (B) review the sentencing enhancement for number of 
                documents or passports involved (U.S.S.G. 2L2.1(b)(2)), 
                and increase the upward adjustment by at least 50 
                percent above the applicable enhancement in effect on 
                the date of the enactment of this Act;
                    (C) impose an appropriate sentencing enhancement 
                upon an offender with 1 prior felony conviction arising 
                out of a separate and prior prosecution for an offense 
                that involved the same or similar underlying conduct as 
                the current offense, to be applied in addition to any 
                sentencing enhancement that would otherwise apply 
                pursuant to the calculation of the defendant's criminal 
                history category;
                    (D) impose an additional appropriate sentencing 
                enhancement upon an offender with 2 or more prior 
                felony convictions arising out of separate and prior 
                prosecutions for offenses that involved the same or 
                similar underling conduct as the current offense, to be 
                applied in addition to any sentencing enhancement that 
                would otherwise apply pursuant to the calculation of 
                the defendant's criminal history category;
                    (E) consider whether a downward adjustment is 
                appropriate if the offense conduct involves fewer than 
                6 documents, or the defendant committed the offense 
                other than for profit and the offense was not committed 
                to facilitate an act of international terrorism; and
                    (F) consider whether any other aggravating or 
                mitigating circumstances warrant upward or downward 
                sentencing adjustments.
    (c) Emergency Authority to Sentencing Commission.--The Commission 
shall promulgate the guidelines or amendments provided for under this 
section as soon as practicable in accordance with the procedure set 
forth in section 21(a) of the Sentencing Act of 1987, as though the 
authority under that Act had not expired.
    (d) Effective Date.--This section and the amendments made by this 
section shall apply with respect to offenses occurring on or after the 
date of the enactment of this Act.

SEC. 128. CRIMINAL PENALTY FOR FALSE STATEMENT IN A DOCUMENT REQUIRED 
              UNDER THE IMMIGRATION LAWS OR KNOWINGLY PRESENTING 
              DOCUMENT WHICH FAILS TO CONTAIN REASONABLE BASIS IN LAW 
              OR FACT.

    The fourth undesignated paragraph of section 1546(a) of title 18, 
United States Code, is amended to read as follows:
    ``Whoever knowingly makes under oath, or as permitted under penalty 
of perjury under section 1746 of title 28, United States Code, 
knowingly subscribes as true, any false statement with respect to a 
material fact in any application, affidavit, or other document required 
by the immigration laws or regulations prescribed thereunder, or 
knowingly presents any such application, affidavit, or other document 
which contains any such false statement or which fails to contain any 
reasonable basis in law or fact--''.

SEC. 129. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE AS 
              PREPARER OF FALSE APPLICATION FOR ASYLUM OR FOR PREPARING 
              CERTAIN POST-CONVICTION APPLICATIONS.

    Section 274C (8 U.S.C. 1324c) is amended by adding at the end the 
following new subsection:
    ``(e) Criminal Penalties for Failure To Disclose Role as Document 
Preparer.--(1) Whoever, in any matter within the jurisdiction of the 
Service under section 208 of this Act, knowingly and willfully fails to 
disclose, conceals, or covers up the fact that they have, on behalf of 
any person and for a fee or other remuneration, prepared or assisted in 
preparing an application which was falsely made (as defined in 
subsection (f)) for immigration benefits pursuant to section 208 of 
this Act, or the regulations promulgated thereunder, shall be guilty of 
a felony and shall be fined in accordance with title 18, United States 
Code, imprisoned for not more than 5 years, or both, and prohibited 
from preparing or assisting in preparing, whether or not for a fee or 
other remuneration, any other such application.
    ``(2) Whoever, having been convicted of a violation of paragraph 
(1), knowingly and willfully prepares or assists in preparing an 
application for immigration benefits pursuant to this Act, or the 
regulations promulgated thereunder, whether or not for a fee or other 
remuneration and regardless of whether in any matter within the 
jurisdiction of the Service under section 208, shall be guilty of a 
felony and shall be fined in accordance with title 18, United States 
Code, imprisoned for not more than 15 years, or both, and prohibited 
from preparing or assisting in preparing any other such application.''.

SEC. 130. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL PENALTIES FOR DOCUMENT 
              FRAUD.

    (a) Activities Prohibited.--Section 274C(a) (8 U.S.C. 1324c(a)) is 
amended--
            (1) in paragraph (1), by inserting before the comma at the 
        end the following: ``or to obtain a benefit under this Act'';
            (2) in paragraph (2), by inserting before the comma at the 
        end the following: ``or to obtain a benefit under this Act'';
            (3) in paragraph (3)--
                    (A) by inserting ``or with respect to'' after 
                ``issued to'';
                    (B) by adding before the comma at the end the 
                following: ``or obtaining a benefit under this Act''; 
                and
                    (C) by striking ``or'' at the end;
            (4) in paragraph (4)--
                    (A) by inserting ``or with respect to'' after 
                ``issued to'';
                    (B) by adding before the period at the end the 
                following: ``or obtaining a benefit under this Act''; 
                and
                    (C) by striking the period at the end and inserting 
                ``, or''; and
            (5) by adding at the end the following new paragraphs:
            ``(5) to prepare, file, or assist another in preparing or 
        filing, any application for benefits under this Act, or any 
        document required under this Act, or any document submitted in 
        connection with such application or document, with knowledge or 
        in reckless disregard of the fact that such application or 
        document was falsely made or, in whole or in part, does not 
        relate to the person on whose behalf it was or is being 
        submitted; or
            ``(6) to (A) present before boarding a common carrier for 
        the purpose of coming to the United States a document which 
        relates to the alien's eligibility to enter the United States, 
        and (B) fail to present such document to an immigration officer 
        upon arrival at a United States port of entry.''.
    (b) Definition of Falsely Make.--Section 274C (8 U.S.C. 1324c), as 
amended by section 129 of this Act, is further amended by adding at the 
end the following new subsection:
    ``(f) Falsely Make.--For purposes of this section, the term 
`falsely make' means to prepare or provide an application or document, 
with knowledge or in reckless disregard of the fact that the 
application or document contains a false, fictitious, or fraudulent 
statement or material representation, or has no basis in law or fact, 
or otherwise fails to state a fact which is material to the purpose for 
which it was submitted.''.
    (c) Conforming Amendment.--Section 274C(d)(3) (8 U.S.C. 
1324c(d)(3)) is amended by striking ``each document used, accepted, or 
created and each instance of use, acceptance, or creation'' each place 
it appears and inserting ``each document that is the subject of a 
violation under subsection (a)''.
    (d) Enhanced Civil Penalties for Document Fraud if Labor Standards 
Violations Are Present.--Section 274C(d) (8 U.S.C. 1324c(d)) is amended 
by adding at the end the following new paragraph:
            ``(7) Civil Penalty.--(A) The administrative law judge 
        shall have the authority to require payment of a civil money 
        penalty in an amount up to two times the level of the penalty 
        prescribed by this subsection in any case where the employer 
        has been found to have committed willful or repeated violations 
        of any of the following statutes:
                    ``(i) The Fair Labor Standards Act (29 U.S.C. 201 
                et seq.) pursuant to a final determination by the 
                Secretary of Labor or a court of competent 
                jurisdiction.
                    ``(ii) The Migrant and Seasonal Agricultural Worker 
                Protection Act (29 U.S.C. 1801 et seq.) pursuant to a 
                final determination by the Secretary of Labor or a 
                court of competent jurisdiction.
                    ``(iii) The Family and Medical Leave Act (29 U.S.C. 
                2601 et seq.) pursuant to a final determination by the 
                Secretary of Labor or a court of competent 
                jurisdiction.
            ``(B) The Secretary of Labor and the Attorney General shall 
        consult regarding the administration of this paragraph.''.
    (e) Waiver by Attorney General.--Section 274C(d) (8 U.S.C. 
1324c(d)), as amended by subsection (d), is further amended by adding 
at the end the following new paragraph:
            ``(8) Waiver by attorney general.--The Attorney General may 
        waive the penalties imposed by this section with respect to an 
        alien who knowingly violates paragraph (6) if the alien is 
        granted asylum under section 208 or withholding of deportation 
        under section 243(h).''.
    (f) Effective Date.--
            (1) Definition of falsely make.--Section 274C(f) of the 
        Immigration and Nationality Act, as added by subsection (b), 
        applies to the preparation of applications before, on, or after 
        the date of the enactment of this Act.
            (2) Enhanced civil penalties.--The amendments made by 
        subsection (d) apply with respect to offenses occurring on or 
        after the date of the enactment of this Act.

SEC. 131. PENALTIES FOR INVOLUNTARY SERVITUDE.

    (a) Amendments to Title 18.--Sections 1581, 1583, 1584, and 1588 of 
title 18, United States Code, are amended by striking ``five'' each 
place it appears and inserting ``10''.
    (b) Review of Sentencing Guidelines.--The United States Sentencing 
Commission shall ascertain whether there exists an unwarranted 
disparity--
            (1) between the sentences for peonage, involuntary 
        servitude, and slave trade offenses, and the sentences for 
        kidnapping offenses in effect on the date of the enactment of 
        this Act; and
            (2) between the sentences for peonage, involuntary 
        servitude, and slave trade offenses, and the sentences for 
        alien smuggling offenses in effect on the date of the enactment 
        of this Act and after the amendment made by subsection (a).
    (c) Amendment of Sentencing Guidelines.--Pursuant to its authority 
under section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall review its guidelines on sentencing for 
peonage, involuntary servitude, and slave trade offenses under sections 
1581 through 1588 of title 18, United States Code, and shall amend such 
guidelines as necessary to--
            (1) reduce or eliminate any unwarranted disparity found 
        under subsection (b) that exists between the sentences for 
        peonage, involuntary servitude, and slave trade offenses, and 
        the sentences for kidnapping offenses and alien smuggling 
        offenses;
            (2) ensure that the applicable guidelines for defendants 
        convicted of peonage, involuntary servitude, and slave trade 
        offenses are sufficiently stringent to deter such offenses and 
        adequately reflect the heinous nature of such offenses; and
            (3) ensure that the guidelines reflect the general 
        appropriateness of enhanced sentences for defendants whose 
        peonage, involuntary servitude, or slave trade offenses 
        involve--
                    (A) a large number of victims;
                    (B) the use or threatened use of a dangerous 
                weapon; or
                    (C) a prolonged period of peonage or involuntary 
                servitude.
    (d) Emergency Authority to Sentencing Commission.--The Commission 
shall promulgate the guidelines or amendments provided for under this 
section as soon as practicable in accordance with the procedure set 
forth in section 21(a) of the Sentencing Act of 1987, as though the 
authority under that Act had not expired.
    (e) Effective Date.--This section and the amendments made by this 
section shall apply with respect to offenses occurring on or after the 
date of the enactment of this Act.

SEC. 132. EXCLUSION RELATING TO MATERIAL SUPPORT TO TERRORISTS.

    Section 212(a)(3)(B)(iii)(III) (8 U.S.C. 1182(a)(3)(B)(iii)(III)) 
is amended by inserting ``documentation or'' before ``identification''.

                   PART 4--EXCLUSION AND DEPORTATION

SEC. 141. SPECIAL EXCLUSION IN EXTRAORDINARY MIGRATION SITUATIONS.

    (a) In General.--The Immigration and Nationality Act is amended by 
adding after section 236 (8 U.S.C. 1226) the following new section:

       ``special exclusion in extraordinary migration situations

    ``Sec. 236A. (a) In General.--
            ``(1) Notwithstanding the provisions of sections 235(b) and 
        236, and subject to subsection (c), if the Attorney General 
        determines that the numbers or circumstances of aliens en route 
        to or arriving in the United States, by land, sea, or air, 
        present an extraordinary migration situation, the Attorney 
        General may, without referral to a special inquiry officer, 
        order the exclusion and deportation of any alien who is found 
        to be excludable under section 212(a) (6)(C) or (7).
            ``(2) As used in this section, the term `extraordinary 
        migration situation' means the arrival or imminent arrival in 
        the United States or its territorial waters of aliens who by 
        their numbers or circumstances substantially exceed the 
        capacity of the inspection and examination of such aliens.
            ``(3) Subject to paragraph (4), the determination whether 
        there exists an extraordinary migration situation within the 
        meaning of paragraphs (1) and (2) is committed to the sole and 
        exclusive discretion of the Attorney General.
            ``(4) The provisions of this subsection may be invoked 
        under paragraph (1) for a period not to exceed 90 days, unless 
        within such 90-day period or extension thereof, the Attorney 
        General determines, after consultation with the Committees on 
        the Judiciary of the Senate and the House of Representatives, 
        that an extraordinary migration situation continues to warrant 
        such procedures remaining in effect for an additional 90-day 
        period.
            ``(5) No alien may be ordered specially excluded under 
        paragraph (1) if--
                    ``(A) such alien is eligible to seek asylum under 
                section 208; and
                    ``(B) the Attorney General determines, in the 
                procedure described in subsection (b), that such alien 
                has a credible fear of persecution on account of race, 
                religion, nationality, membership in a particular 
                social group or political opinion in the country of 
                such person's nationality, or in the case of a person 
                having no nationality, the country in which such person 
                last habitually resided.
            ``(6) A special exclusion order entered in accordance with 
        the provisions of this section is not subject to administrative 
        review other than as provided in this section, except that the 
        Attorney General shall provide by regulation for a prompt 
        administrative review of such an order against an applicant who 
        claims under oath, or as permitted under penalty of perjury 
        under section 1746 of title 28, United States Code, after 
        having been warned of the penalties for falsely making such 
        claim under such conditions, to have been, and appears to have 
        been, lawfully admitted for permanent residence.
            ``(7) A special exclusion order entered in accordance with 
        the provisions of this section shall have the same effect as if 
        the alien had been ordered excluded and deported pursuant to 
        section 236.
            ``(8) Nothing in this subsection shall be construed as 
        requiring an inquiry before a special inquiry officer in the 
        case of an alien crewman.
    ``(b) Procedure for Using Special Exclusion.--(1) When the Attorney 
General has determined pursuant to this section that an extraordinary 
migration situation exists and an alien subject to special exclusion 
under such section has indicated a desire to apply for asylum or 
withholding of deportation under section 243(h) or has indicated a fear 
of persecution upon return, the immigration officer shall refer the 
matter to an asylum officer.
    ``(2) Such asylum officer shall interview the alien to determine 
whether the alien has a credible fear of persecution (or of return to 
persecution) in or from the country of such alien's nationality, or in 
the case of a person having no nationality, the country in which such 
alien last habitually resided.
    ``(3) The Attorney General shall provide information concerning the 
procedures described in this section to any alien who is subject to 
such provisions. The alien may consult with or be represented by a 
person or persons of the alien's choosing according to regulations 
prescribed by the Attorney General. Such consultation and 
representation shall be at no expense to the Government and shall not 
unreasonably delay the process.
    ``(4) The application for asylum or withholding of deportation of 
an alien who has been determined under the procedure described in 
paragraph (2) to have a credible fear of persecution shall be 
determined in due course by a special inquiry officer during a hearing 
on the exclusion of such alien.
    ``(5) If the officer determines that the alien does not have a 
credible fear of persecution in (or of return to persecution from) the 
country or countries referred to in paragraph (2), the alien may be 
specially excluded and deported in accordance with this section.
    ``(6) The Attorney General shall provide by regulation for a single 
level of administrative appellate review of a special exclusion order 
entered in accordance with the provisions of this section.
    ``(7) As used in this section, the term `asylum officer' means an 
immigration officer who--
            ``(A) has had extensive professional training in country 
        conditions, asylum law, and interview techniques;
            ``(B) has had at least one year of experience adjudicating 
        affirmative asylum applications of aliens who are not in 
        special exclusion proceedings; and
            ``(C) is supervised by an officer who meets the 
        qualifications described in subparagraphs (A) and (B).
    ``(8) As used in this section, the term `credible fear of 
persecution' means that, in light of statements and evidence produced 
by the alien in support of the alien's claim, and of such other facts 
as are known to the officer about country conditions, a claim by the 
alien that the alien is eligible for asylum under section 208 would not 
be manifestly unfounded.
    ``(c) Aliens Fleeing Ongoing Armed Conflict, Torture, Systematic 
Persecution, and Other Deprivations of Human Rights.--Notwithstanding 
any other provision of this section, the Attorney General may, in the 
Attorney General's discretion, proceed in accordance with section 236 
with regard to any alien fleeing from a country where--
            ``(1) the government (or a group within the country that 
        the government is unable or unwilling to control) engages in--
                    ``(A) torture or other cruel, inhuman, or degrading 
                treatment or punishment;
                    ``(B) prolonged arbitrary detention without charges 
                or trial;
                    ``(C) abduction, forced disappearance or 
                clandestine detention; or
                    ``(D) systematic persecution; or
            ``(2) an ongoing armed conflict or other extraordinary 
        conditions would pose a serious threat to the alien's personal 
        safety.''.
    (b) Conforming Amendments.--(1)(A) Section 235(b) of the 
Immigration and Nationality Act (8 U.S.C. 1225b) is amended to read as 
follows:
    ``(b) Every alien (other than an alien crewman), and except as 
otherwise provided in subsection (c) of this section and in section 
273(d), who may not appear to the examining officer at the port of 
arrival to be clearly and beyond a doubt entitled to land shall be 
detained for further inquiry to be conducted by a special inquiry 
officer. The decision of the examining immigration officer, if 
favorable to the admission of any alien, shall be subject to challenge 
by any other immigration officer and such challenge shall operate to 
take the alien, whose privilege to land is so challenged, before a 
special inquiry officer.''.
    (B) Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 
1227a) is amended--
            (i) in the second sentence of paragraph (1), by striking 
        ``Subject to section 235(b)(1), deportation'' and inserting 
        ``Deportation''; and
            (ii) in the first sentence of paragraph (2), by striking 
        ``Subject to section (b)(1), if'' and inserting ``If''.
    (2)(A) Section 106 of the Immigration and Nationality Act (8 U.S.C. 
1105a) is amended--
            (i) by striking subsection (e); and
            (ii) by amending the section heading to read as follows: 
        ``judicial review of orders of deportation and exclusion''.
    (B) Section 235(d) (8 U.S.C. 1225d) is repealed.
    (C) The item relating to section 106 in the table of contents of 
the Immigration and Nationality Act is amended to read as follows:

``106. Judicial review of orders of deportation and exclusion.''.
    (3) Section 241(d) (8 U.S.C. 1251d) is repealed.

SEC. 142. JUDICIAL REVIEW OF ORDERS OF EXCLUSION AND DEPORTATION.

    (a) In General.--Section 106 (8 U.S.C. 1105a) is amended to read as 
follows:

  ``judicial review of orders of deportation, exclusion, and special 
                               exclusion

    ``Sec. 106. (a) Applicable Provisions.--Except as provided in 
subsection (b), judicial review of a final order of exclusion or 
deportation is governed only by chapter 158 of title 28 of the United 
States Code, but in no such review may a court order the taking of 
additional evidence pursuant to section 2347(c) of title 28, United 
States Code.
    ``(b) Requirements.--(1)(A) A petition for judicial review must be 
filed not later than 30 days after the date of the final order of 
exclusion or deportation, except that in the case of any specially 
deportable criminal alien (as defined in section 242(k)), there shall 
be no judicial review of any final order of deportation.
    ``(B) The alien shall serve and file a brief in connection with a 
petition for judicial review not later than 40 days after the date on 
which the administrative record is available, and may serve and file a 
reply brief not later than 14 days after service of the brief of the 
Attorney General, and the court may not extend these deadlines except 
upon motion for good cause shown. Judicial review of all questions of 
law and fact, including interpretation and application of 
constitutional and statutory provisions, arising from any action taken 
or proceeding brought to exclude or deport an alien from the United 
States under title II of this Act shall be available only in the 
judicial review of a final order of exclusion or deportation under this 
section. If a petition filed under this section raises a Constitutional 
issue that the court of appeals finds presents a genuine issue of 
material fact that cannot be resolved on the basis of the 
administrative record, the court shall transfer the proceeding to the 
district court of the United States for the judicial district in which 
the petitioner resides or is detained for a new hearing on the 
Constitutional claim as if the proceedings were originally initiated in 
district court. The procedure in these cases in the district court is 
governed by the Federal Rules of Civil Procedure.
    ``(C) If an alien fails to file a brief in connection with a 
petition for judicial review within the time provided in this 
paragraph, the Attorney General may move to dismiss the appeal, and the 
court shall grant such motion unless a manifest injustice would result.
    ``(2) A petition for judicial review shall be filed with the court 
of appeals for the judicial circuit in which the special inquiry 
officer completed the proceedings.
    ``(3) The respondent of a petition for judicial review shall be the 
Attorney General. The petition shall be served on the Attorney General 
and on the officer or employee of the Immigration and Naturalization 
Service in charge of the Service district in which the final order of 
exclusion or deportation was entered. Service of the petition on the 
officer or employee does not stay the deportation of an alien pending 
the court's decision on the petition, unless the court orders 
otherwise.
    ``(4)(A) Except as provided in paragraph (5)(B), the court of 
appeals shall decide the petition only on the administrative record on 
which the order of exclusion or deportation is based and the Attorney 
General's findings of fact shall be conclusive unless a reasonable 
adjudicator would be compelled to conclude to the contrary.
    ``(B) The Attorney General's discretionary judgment whether to 
grant relief under section 212 (c) or (i), 244 (a) or (d), or 245 shall 
be conclusive and shall not be subject to review.
    ``(C) The Attorney General's discretionary judgment whether to 
grant relief under section 208(a) shall be conclusive unless manifestly 
contrary to law and an abuse of discretion.
    ``(5)(A) If the petitioner claims to be a national of the United 
States and the court of appeals finds from the pleadings and affidavits 
that no genuine issue of material fact about the petitioner's 
nationality is presented, the court shall decide the nationality claim.
    ``(B) If the petitioner claims to be a national of the United 
States and the court of appeals finds that a genuine issue of material 
fact about the petitioner's nationality is presented, the court shall 
transfer the proceeding to the district court of the United States for 
the judicial district in which the petitioner resides for a new hearing 
on the nationality claim and a decision on that claim as if an action 
had been brought in the district court under section 2201 of title 28, 
United States Code.
    ``(C) The petitioner may have the nationality claim decided only as 
provided in this section.
    ``(6)(A) If the validity of an order of deportation has not been 
judicially decided, a defendant in a criminal proceeding charged with 
violating subsection (d) or (e) of section 242 may challenge the 
validity of the order in the criminal proceeding only by filing a 
separate motion before trial. The district court, without a jury, shall 
decide the motion before trial.
    ``(B) If the defendant claims in the motion to be a national of the 
United States and the district court finds that no genuine issue of 
material fact about the defendant's nationality is presented, the court 
shall decide the motion only on the administrative record on which the 
deportation order is based. The administrative findings of fact are 
conclusive if supported by reasonable, substantial, and probative 
evidence on the record considered as a whole.
    ``(C) If the defendant claims in the motion to be a national of the 
United States and the district court finds that a genuine issue of 
material fact about the defendant's nationality is presented, the court 
shall hold a new hearing on the nationality claim and decide that claim 
as if an action had been brought under section 2201 of title 28, United 
States Code.
    ``(D) If the district court rules that the deportation order is 
invalid, the court shall dismiss the indictment. The United States 
Government may appeal the dismissal to the court of appeals for the 
appropriate circuit within 30 days. The defendant may not file a 
petition for review under this section during the criminal proceeding. 
The defendant may have the nationality claim decided only as provided 
in this section.
    ``(7) This subsection--
            ``(A) does not prevent the Attorney General, after a final 
        order of deportation has been issued, from detaining the alien 
        under section 242(c);
            ``(B) does not relieve the alien from complying with 
        subsection (d) or (e) of section 242; and
            ``(C) except as provided in paragraph (3), does not require 
        the Attorney General to defer deportation of the alien.
    ``(8) The record and briefs do not have to be printed. The court of 
appeals shall review the proceeding on a typewritten record and on 
typewritten briefs.
    ``(c) Requirements for Petition.--A petition for review of an order 
of exclusion or deportation shall state whether a court has upheld the 
validity of the order, and, if so, shall state the name of the court, 
the date of the court's ruling, and the kind of proceeding.
    ``(d) Review of Final Orders.--
            ``(1) A court may review a final order of exclusion or 
        deportation only if--
                    ``(A) the alien has exhausted all administrative 
                remedies available to the alien as a matter of right; 
                and
                    ``(B) another court has not decided the validity of 
                the order, unless, subject to paragraph (2), the 
                reviewing court finds that the petition presents 
                grounds that could not have been presented in the prior 
                judicial proceeding or that the remedy provided by the 
                prior proceeding was inadequate or ineffective to test 
                the validity of the order.
            ``(2) Nothing in paragraph (1)(B) may be construed as 
        creating a right of review if such review would be inconsistent 
        with subsection (e), (f), or (g), or any other provision of 
        this section.
    ``(e) No Judicial Review for Orders of Deportation or Exclusion 
Entered Against Certain Criminal Aliens.--Notwithstanding any other 
provision of law, any order of exclusion or deportation against an 
alien who is excludable or deportable by reason of having committed any 
criminal offense described in subparagraph (A)(iii), (B), (C), or (D) 
of section 241(a)(2), or two or more offenses described in section 
241(a)(2)(A)(ii), at least two of which resulted in a sentence or 
confinement described in section 241(a)(2)(A)(i)(II), is not subject to 
review by any court.
    ``(f) No Collateral Attack.--In any action brought for the 
assessment of penalties for improper entry or reentry of an alien under 
section 275 or 276, no court shall have jurisdiction to hear claims 
attacking the validity of orders of exclusion, special exclusion, or 
deportation entered under section 235, 236, or 242.''.
    (b) Rescission of Order.--Section 242B(c)(3) (8 U.S.C. 1252b(c)(3)) 
is amended by striking the period at the end and inserting ``by the 
special inquiry officer, but there shall be no stay pending further 
administrative or judicial review, unless ordered because of 
individually compelling circumstances.''.
    (c) Clerical Amendment.--The table of contents of the Act is 
amended by amending the item relating to section 106 to read as 
follows:

``Sec. 106. Judicial review of orders of deportation, exclusion, and 
                            special exclusion.''.
    (d) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply to all final orders of exclusion or deportation entered, 
and motions to reopen filed, on or after the date of the enactment of 
this Act.

SEC. 143. CIVIL PENALTIES AND VISA INELIGIBILITY, FOR FAILURE TO 
              DEPART.

    (a) Aliens Subject to an Order of Exclusion or Deportation.--The 
Immigration and Nationality Act is amended by inserting after section 
274C (8 U.S.C. 1324c) the following new section:

                  ``civil penalties for failure to depart

    ``Sec. 274D. (a) Any alien subject to a final order of exclusion 
and deportation or deportation who--
            ``(1) willfully fails or refuses to--
                    ``(A) depart on time from the United States 
                pursuant to the order;
                    ``(B) make timely application in good faith for 
                travel or other documents necessary for departure; or
                    ``(C) present himself or herself for deportation at 
                the time and place required by the Attorney General; or
            ``(2) conspires to or takes any action designed to prevent 
        or hamper the alien's departure pursuant to the order,
shall pay a civil penalty of not more than $500 to the Commissioner for 
each day the alien is in violation of this section.
    ``(b) The Commissioner shall deposit amounts received under 
subsection (a) as offsetting collections in the appropriate 
appropriations account of the Service.
    ``(c) Nothing in this section shall be construed to diminish or 
qualify any penalties to which an alien may be subject for activities 
proscribed by section 242(e) or any other section of this Act.''.
    (b) Visa Overstayer.--The Immigration and Nationality Act is 
amended in section 212 (8 U.S.C. 1182) by inserting the following new 
subsection:
    ``(p)(1) Any lawfully admitted nonimmigrant who remains in the 
United States for more than 60 days beyond the period authorized by the 
Attorney General shall be ineligible for additional nonimmigrant or 
immigrant visas (other than visas available for spouses of United 
States citizens or aliens lawfully admitted for permanent residence) 
until the date that is--
            ``(A) 3 years after the date the nonimmigrant departs the 
        United States in the case of a nonimmigrant not described in 
        paragraph (2); or
            ``(B) 5 years after the date the nonimmigrant departs the 
        United States in the case of a nonimmigrant who without 
        reasonable cause fails or refuses to attend or remain in 
        attendance at a proceeding to determine the nonimmigrant's 
        deportability.
    ``(2)(A) Paragraph (1) shall not apply to any lawfully admitted 
nonimmigrant who is described in paragraph (1)(A) and who demonstrates 
good cause for remaining in the United States for the entirety of the 
period (other than the first 60 days) during which the nonimmigrant 
remained in the United States without the authorization of the Attorney 
General.
    ``(B) A final order of deportation shall not be stayed on the basis 
of a claim of good cause made under this subsection.
    ``(3) The Attorney General shall by regulation establish procedures 
necessary to implement this section.''.
    (c) Effective Date.--Subsection (b) shall take effect on the date 
of implementation of the automated entry-exit control system described 
in section 201, or on the date that is 2 years after the date of 
enactment of this Act, whichever is earlier.
    (d) Amendments to Table of Contents.--The table of contents of the 
Act is amended by inserting after the item relating to section 274C the 
following:

``Sec. 274D. Civil penalties for failure to depart.''.

SEC. 144. CONDUCT OF PROCEEDINGS BY ELECTRONIC MEANS.

    Section 242(b) (8 U.S.C. 1252(b)) is amended by inserting at the 
end the following new sentences: ``Nothing in this subsection precludes 
the Attorney General from authorizing proceedings by video electronic 
media, by telephone, or, where a requirement for the alien's appearance 
is waived or the alien's absence is agreed to by the parties, in the 
absence of the alien. Contested full evidentiary hearings on the merits 
may be conducted by telephone only with the consent of the alien.''.

SEC. 145. SUBPOENA AUTHORITY.

    (a) Exclusion Proceedings.--Section 236(a) (8 U.S.C. 1226(a)) is 
amended in the first sentence by inserting ``issue subpoenas,'' after 
``evidence,''.
    (b) Deportation Proceedings.--Section 242(b) (8 U.S.C. 1252(b)) is 
amended in the first sentence by inserting ``issue subpoenas,'' after 
``evidence,''.

SEC. 146. LANGUAGE OF DEPORTATION NOTICE; RIGHT TO COUNSEL.

    (a) Language of Notice.--Section 242B (8 U.S.C. 1252b) is amended 
in subsection (a)(3) by striking ``under this subsection'' and all that 
follows through ``(B)'' and inserting ``under this subsection''.
    (b) Privilege of Counsel.--(1) Section 242B(b)(1) (8 U.S.C. 
1252b(b)(1)) is amended by inserting before the period at the end the 
following: ``, except that a hearing may be scheduled as early as 3 
days after the service of the order to show cause if the alien has been 
continued in custody subject to section 242''.
    (2) The parenthetical phrase in section 292 (8 U.S.C. 1362) is 
amended to read as follows: ``(at no expense to the Government or 
unreasonable delay to the proceedings)''.
    (3) Section 242B(b) (8 U.S.C. 1252b(b)) is further amended by 
inserting at the end the following new paragraph:
            ``(3) Rule of construction.--Nothing in this subsection may 
        be construed to prevent the Attorney General from proceeding 
        against an alien pursuant to section 242 if the time period 
        described in paragraph (1) has elapsed and the alien has failed 
        to secure counsel.''.

SEC. 147. ADDITION OF NONIMMIGRANT VISAS TO TYPES OF VISA DENIED FOR 
              COUNTRIES REFUSING TO ACCEPT DEPORTED ALIENS.

    (a) In General.--Section 243(g) (8 U.S.C. 1253(g)) is amended to 
read as follows:
    ``(g)(1) If the Attorney General determines that any country upon 
request denies or unduly delays acceptance of the return of any alien 
who is a national, citizen, subject, or resident thereof, the Attorney 
General shall notify the Secretary of such fact, and thereafter, 
subject to paragraph (2), neither the Secretary of State nor any 
consular officer shall issue an immigrant or nonimmigrant visa to any 
national, citizen, subject, or resident of such country.
    ``(2) The Secretary of State may waive the application of paragraph 
(1) if the Secretary determines that such a waiver is necessary to 
comply with the terms of a treaty or international agreement or is in 
the national interest of the United States.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to countries for which the Secretary of State gives instructions 
to United States consular officers on or after the date of the 
enactment of this Act.

SEC. 148. AUTHORIZATION OF SPECIAL FUND FOR COSTS OF DEPORTATION.

    In addition to any other funds otherwise available in any fiscal 
year for such purpose, there are authorized to be appropriated to the 
Immigration and Naturalization Service $10,000,000 for use without 
fiscal year limitation for the purpose of--
            (1) executing final orders of deportation pursuant to 
        sections 242 and 242A of the Immigration and Nationality Act (8 
        U.S.C. 1252 and 1252a); and
            (2) detaining aliens prior to the execution of final orders 
        of deportation issued under such sections.

SEC. 149. PILOT PROGRAM TO INCREASE EFFICIENCY IN REMOVAL OF DETAINED 
              ALIENS.

    (a) Authority.--The Attorney General shall conduct one or more 
pilot programs to study methods for increasing the efficiency of 
deportation and exclusion proceedings against detained aliens by 
increasing the availability of pro bono counseling and representation 
for such aliens. Any such pilot program may provide for administrative 
grants to not-for-profit organizations involved in the counseling and 
representation of aliens in immigration proceedings. An evaluation 
component shall be included in any such pilot program to test the 
efficiency and cost-effectiveness of the services provided and the 
replicability of such programs at other locations.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice such sums as may be necessary 
to carry out the program or programs described in subsection (a).
    (c) Statutory Construction.--Nothing in this section may be 
construed as creating a right for any alien to be represented in any 
exclusion or deportation proceeding at the expense of the Government.

SEC. 150. LIMITATIONS ON RELIEF FROM EXCLUSION AND DEPORTATION.

    (a) Limitation.--Section 212(c) (8 U.S.C. 1182(c)) is amended to 
read as follows:
    ``(c)(1) Subject to paragraphs (2) through (5), an alien who is and 
has been lawfully admitted for permanent residence for at least 5 
years, who has resided in the United States continuously for 7 years 
after having been lawfully admitted, and who is returning to such 
residence after having temporarily proceeded abroad voluntarily and not 
under an order of deportation, may be admitted in the discretion of the 
Attorney General without regard to the provisions of subsection (a) 
(other than paragraphs (3) and (9)(C)).
    ``(2) For purposes of this subsection, any period of continuous 
residence shall be deemed to end when the alien is placed in 
proceedings to exclude or deport the alien from the United States.
    ``(3) Nothing contained in this subsection shall limit the 
authority of the Attorney General to exercise the discretion authorized 
under section 211(b).
    ``(4) Paragraph (1) shall not apply to an alien who has been 
convicted of one or more aggravated felonies and has been sentenced for 
such felony or felonies to a term or terms of imprisonment totalling, 
in the aggregate, at least 5 years.
    ``(5) This subsection shall apply only to an alien in proceedings 
under section 236.''.
    (b) Cancellation of Deportation.--Section 244 (8 U.S.C. 1254) is 
amended to read as follows:

    ``cancellation of deportation; adjustment of status; voluntary 
                               departure

    ``Sec. 244. (a) Cancellation of Deportation.--(1) The Attorney 
General may, in the Attorney General's discretion, cancel deportation 
in the case of an alien who is deportable from the United States and--
            ``(A) is, and has been for at least 5 years, a lawful 
        permanent resident; has resided in the United States 
        continuously for not less than 7 years after being lawfully 
        admitted; and has not been convicted of an aggravated felony or 
        felonies for which the alien has been sentenced to a term or 
        terms of imprisonment totaling, in the aggregate, at least 5 
        years;
            ``(B) has been physically present in the United States for 
        a continuous period of not less than 7 years since entering the 
        United States; has been a person of good moral character during 
        such period; and establishes that deportation would result in 
        extreme hardship to the alien or the alien's spouse, parent, or 
        child, who is a citizen or national of the United States or an 
        alien lawfully admitted for permanent residence;
            ``(C) has been physically present in the United States for 
        a continuous period of not less than three years since entering 
        the United States; has been battered or subjected to extreme 
        cruelty in the United States by a spouse or parent who is a 
        United States citizen or lawful permanent resident (or is the 
        parent of a child who is a United States citizen or lawful 
        permanent resident and the child has been battered or subjected 
        to extreme cruelty in the United States by such citizen or 
        permanent resident parent); has been a person of good moral 
        character during all of such period in the United States; and 
        establishes that deportation would result in extreme hardship 
        to the alien or the alien's parent or child; or
            ``(D) is deportable under paragraph (2) (A), (B), or (D), 
        or paragraph (3) of section 241(a); has been physically present 
        in the United States for a continuous period of not less than 
        10 years immediately following the commission of an act, or the 
        assumption of a status, constituting a ground for deportation, 
        and proves that during all of such period he has been a person 
        of good moral character; and is a person whose deportation 
        would, in the opinion of the Attorney General, result in 
        exceptional and extremely unusual hardship to the alien or to 
        his spouse, parent, or child, who is a citizen of the United 
        States or an alien lawfully admitted for permanent residence.
    ``(2)(A) For purposes of paragraph (1), any period of continuous 
residence or continuous physical presence in the United States shall be 
deemed to end when the alien is served an order to show cause pursuant 
to section 242 or 242B.
    ``(B) An alien shall be considered to have failed to maintain 
continuous physical presence in the United States under paragraph (1) 
(B), (C), or (D) if the alien was absent from the United States for any 
single period of more than 90 days or an aggregate period of more than 
180 days.
    ``(C) A person who is deportable under section 241(a)(2)(C) or 
241(a)(4) shall not be eligible for relief under this section.
    ``(D) A person who is deportable under section 241(a)(2) (A), (B), 
or (D) or section 241(a)(3) shall not be eligible for relief under 
paragraph (1) (B), or (D).
    ``(E) A person who has been convicted of an aggravated felony shall 
not be eligible for relief under paragraph (1) (B), or (C), (D).
    ``(F) A person who is deportable under section 241(a)(1)(G) shall 
not be eligible for relief under paragraph (1)(C).
    ``(b) Continuous Physical Presence Not Required Because of 
Honorable Service in Armed Forces and Presence Upon Entry Into 
Service.--The requirements of continuous residence or continuous 
physical presence in the United States specified in subsection (a)(1) 
(A) and (B) shall not be applicable to an alien who--
            ``(1) has served for a minimum period of 24 months in an 
        active-duty status in the Armed Forces of the United States 
        and, if separated from such service, was separated under 
        honorable conditions, and
            ``(2) at the time of his or her enlistment or induction, 
        was in the United States.
    ``(c) Adjustment of Status.--The Attorney General may cancel 
deportation and adjust to the status of an alien lawfully admitted for 
permanent residence any alien who the Attorney General determines meets 
the requirements of subsection (a)(1) (B), (C), or (D). The Attorney 
General shall record the alien's lawful admission for permanent 
residence as of the date the Attorney General decides to cancel such 
alien's removal.
    ``(d) Alien Crewmen; Nonimmigrant Exchange Aliens Admitted To 
Receive Graduate Medical Education or Training; Other.--The provisions 
of subsection (a) shall not apply to an alien who--
            ``(1) entered the United States as a crewman after June 30, 
        1964;
            ``(2) was admitted to the United States as a nonimmigrant 
        alien described in section 101(a)(15)(J), or has acquired the 
        status of such a nonimmigrant alien after admission, in order 
        to receive graduate medical education or training, without 
        regard to whether or not the alien is subject to or has 
        fulfilled the two-year foreign residence requirement of section 
        212(e); or
            ``(3)(A) was admitted to the United States as a 
        nonimmigrant alien described in section 101(a)(15)(J), or has 
        acquired the status of such a nonimmigrant alien after 
        admission, other than to receive graduate medical education or 
        training;
            ``(B) is subject to the two-year foreign residence 
        requirement of section 212(e); and
            ``(C) has not fulfilled that requirement or received a 
        waiver thereof, or, in the case of a foreign medical graduate 
        who has received a waiver pursuant to section 220 of the 
        Immigration and Nationality Technical Corrections Act of 1994 
        (Public Law 103-416), has not fulfilled the requirements of 
        section 214(k).
    ``(e) Voluntary Departure.--(1)(A) The Attorney General may permit 
an alien voluntarily to depart the United States at the alien's own 
expense--
            ``(i) in lieu of being subject to deportation proceedings 
        under section 242 or prior to the completion of such 
        proceedings, if the alien is not a person deportable under 
        section 241(a)(2)(A)(iii) or section 241(a)(4); or
            ``(ii) after the completion of deportation proceedings 
        under section 242, only if a special inquiry officer determines 
        that--
                    ``(I) the alien is, and has been for at least 5 
                years immediately preceding the alien's application for 
                voluntary departure, a person of good moral character;
                    ``(II) the alien is not deportable under section 
                241(a)(2)(A)(iii) or section 241(a)(4); and
                    ``(III) the alien establishes by clear and 
                convincing evidence that the alien has the means to 
                depart the United States and intends to do so.
    ``(B)(i) In the case of departure pursuant to subparagraph (A)(i), 
the Attorney General may require the alien to post a voluntary 
departure bond, to be surrendered upon proof that the alien has 
departed the United States within the time specified.
    ``(ii) If any alien who is authorized to depart voluntarily under 
this paragraph is financially unable to depart at the alien's own 
expense and the Attorney General deems the alien's removal to be in the 
best interest of the United States, the expense of such removal may be 
paid from the appropriation for enforcement of this Act.
    ``(C) In the case of departure pursuant to subparagraph (A)(ii), 
the alien shall be required to post a voluntary departure bond, in an 
amount necessary to ensure that the alien will depart, to be 
surrendered upon proof that the alien has departed the United States 
within the time specified.
    ``(2) If the alien fails voluntarily to depart the United States 
within the time period specified in accordance with paragraph (1), the 
alien shall be subject to a civil penalty of not more than $500 per day 
and shall be ineligible for any further relief under this subsection or 
subsection (a).
    ``(3)(A) The Attorney General may by regulation limit eligibility 
for voluntary departure for any class or classes of aliens.
    ``(B) No court may review any regulation issued under subparagraph 
(A).
    ``(4) No court shall have jurisdiction over an appeal from denial 
of a request for an order of voluntary departure under paragraph (1), 
nor shall any court order a stay of an alien's removal pending 
consideration of any claim with respect to voluntary departure.''.
    (c) Conforming Amendments.--(1) Section 242(b) (8 U.S.C. 1252(b)) 
is amended by striking the last two sentences.
    (2) Section 242B (8 U.S.C. 1252b) is amended--
            (A) in subsection (e)(2), by striking ``section 244(e)(1)'' 
        and inserting ``section 244(e)''; and
            (B) in subsection (e)(5)--
                    (i) by striking ``suspension of deportation'' and 
                inserting ``cancellation of deportation''; and
                    (ii) by inserting ``244,'' before ``245''.
    (d) Amendment to the Table of Contents.--The table of contents of 
the Act is amended by amending the item relating to section 244 to read 
as follows:

``Sec. 244. Cancellation of deportation; adjustment of status; 
                            voluntary departure.''.
    (e) Effective Dates.--(1) The amendments made by subsection (a) 
shall take effect on the date of the enactment of this Act, and shall 
apply to all applications for relief under section 212(c) of the 
Immigration and Nationality Act (8 U.S.C. 1182(c)), except that, for 
purposes of determining the period of continuous residence, the 
amendments made by subsection (a) shall apply to all aliens against 
whom proceedings are commenced on or after the date of the enactment of 
this Act.
    (2) The amendments made by subsection (b) shall take effect on the 
date of the enactment of this Act, and shall apply to all applications 
for relief under section 244 of the Immigration and Nationality Act (8 
U.S.C. 1254), except that, for purposes of determining the periods of 
continuous residence or continuous physical presence, the amendments 
made by subsection (b) shall apply to all aliens upon whom an order to 
show cause is served on or after the date of the enactment of this Act.
    (3) The amendments made by subsection (c) shall take effect on the 
date of the enactment of this Act.

SEC. 151. ALIEN STOWAWAYS.

    (a) Definition.--Section 101(a) (8 U.S.C. 1101) is amended by 
adding the following new paragraph:
    ``(47) The term `stowaway' means any alien who obtains 
transportation without the consent of the owner, charterer, master, or 
person in command of any vessel or aircraft through concealment aboard 
such vessel or aircraft. A passenger who boards with a valid ticket is 
not to be considered a stowaway.''.
    (b) Excludability.--Section 237 (8 U.S.C. 1227) is amended--
            (1) in subsection (a)(1), before the period at the end of 
        the first sentence, by inserting the following: ``, or unless 
        the alien is an excluded stowaway who has applied for asylum or 
        withholding of deportation and whose application has not been 
        adjudicated or whose application has been denied but who has 
        not exhausted every appeal right''; and
            (2) by inserting after the first sentence in subsection 
        (a)(1) the following new sentences: ``Any alien stowaway 
        inspected upon arrival in the United States is an alien who is 
        excluded within the meaning of this section. For purposes of 
        this section, the term `alien' includes an excluded stowaway. 
        The provisions of this section concerning the deportation of an 
        excluded alien shall apply to the deportation of a stowaway 
        under section 273(d).''.
    (c) Carrier Liability for Costs of Detention.--Section 273(d) (8 
U.S.C. 1323(d)) is amended to read as follows:
    ``(d)(1) It shall be the duty of the owner, charterer, agent, 
consignee, commanding officer, or master of any vessel or aircraft 
arriving at the United States from any place outside the United States 
to detain on board or at such other place as may be designated by an 
immigration officer any alien stowaway until such stowaway has been 
inspected by an immigration officer.
    ``(2) Upon inspection of an alien stowaway by an immigration 
officer, the Attorney General may by regulation take immediate custody 
of any stowaway and shall charge the owner, charterer, agent, 
consignee, commanding officer, or master of the vessel or aircraft on 
which the stowaway has arrived the costs of detaining the stowaway.
    ``(3) It shall be the duty of the owner, charterer, agent, 
consignee, commanding officer, or master of any vessel or aircraft 
arriving at the United States from any place outside the United States 
to deport any alien stowaway on the vessel or aircraft on which such 
stowaway arrived or on another vessel or aircraft at the expense of the 
vessel or aircraft on which such stowaway arrived when required to do 
so by an immigration officer.
    ``(4) Any person who fails to comply with paragraph (1) or (3), 
shall be subject to a fine of $5,000 for each alien for each failure to 
comply, payable to the Commissioner. The Commissioner shall deposit 
amounts received under this paragraph as offsetting collections to the 
applicable appropriations account of the Service. Pending final 
determination of liability for such fine, no such vessel or aircraft 
shall be granted clearance, except that clearance may be granted upon 
the deposit of a sum sufficient to cover such fine, or of a bond with 
sufficient surety to secure the payment thereof approved by the 
Commissioner.
    ``(5) An alien stowaway inspected upon arrival shall be considered 
an excluded alien under this Act.
    ``(6) The provisions of section 235 for detention of aliens for 
examination before a special inquiry officer and the right of appeal 
provided for in section 236 shall not apply to aliens who arrive as 
stowaways, and no such aliens shall be permitted to land in the United 
States, except temporarily for medical treatment, or pursuant to such 
regulations as the Attorney General may prescribe for the departure, 
removal, or deportation of such alien from the United States.
    ``(7) A stowaway may apply for asylum under section 208 or 
withholding of deportation under section 243(h), pursuant to such 
regulations as the Attorney General may establish.''.

SEC. 152. PILOT PROGRAM ON INTERIOR REPATRIATION AND OTHER METHODS TO 
              DETER MULTIPLE UNLAWFUL ENTRIES.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Attorney General, after consultation with 
the Secretary of State, shall establish a pilot program for up to two 
years which provides for methods to deter multiple unlawful entries by 
aliens into the United States. The pilot program may include the 
development and use of interior repatriation, third country 
repatriation, and other disincentives for multiple unlawful entries 
into the United States.
    (b) Report.--Not later than 35 months after the date of the 
enactment of this Act, the Attorney General, together with the 
Secretary of State, shall submit a report to the Committees on the 
Judiciary of the House of Representatives and of the Senate on the 
operation of the pilot program under this section and whether the pilot 
program or any part thereof should be extended or made permanent.

SEC. 153. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR THE 
              DETENTION OF EXCLUDABLE OR DEPORTABLE ALIENS.

    (a) Establishment.--The Attorney General and the Secretary of 
Defense shall jointly establish a pilot program for up to two years to 
determine the feasibility of the use of military bases available 
through the defense base realignment and closure process as detention 
centers for the Immigration and Naturalization Service.
    (b) Report.--Not later than 35 months after the date of the 
enactment of this Act, the Attorney General, together with the 
Secretary of State, shall submit a report to the Committees on the 
Judiciary of the House of Representatives and of the Senate, the 
Committee on National Security of the House of Representatives, and the 
Committee on Armed Services of the Senate, on the feasibility of using 
military bases closed through the defense base realignment and closure 
process as detention centers by the Immigration and Naturalization 
Service.

SEC. 154. PHYSICAL AND MENTAL EXAMINATIONS.

    Section 234 (8 U.S.C. 1224) is amended to read as follows:

                   ``physical and mental examinations

    ``Sec. 234. (a) Aliens Covered.--Each alien within any of the 
following classes of aliens who is seeking entry into the United States 
shall undergo a physical and mental examination in accordance with this 
section:
            ``(1) Aliens applying for visas for admission to the United 
        States for permanent residence.
            ``(2) Aliens seeking admission to the United States for 
        permanent residence for whom examinations were not made under 
        paragraph (1).
            ``(3) Aliens within the United States seeking adjustment of 
        status under section 245 to that of aliens lawfully admitted to 
        the United States for permanent residence.
            ``(4) Alien crewmen entering or in transit across the 
        United States.
    ``(b) Description of Examination.--(1) Each examination required by 
subsection (a) shall include--
            ``(A) an examination of the alien for any physical or 
        mental defect or disease and a certification of medical 
        findings made in accordance with subsection (d); and
            ``(B) an assessment of the vaccination record of the alien 
        in accordance with subsection (e).
    ``(2) The Secretary of Health and Human Services shall prescribe 
such regulations as may be necessary to carry out the medical 
examinations required by subsection (a).
    ``(c) Medical Examiners.--
            ``(1) Medical officers.--(A) Except as provided in 
        paragraphs (2) and (3), examinations under this section shall 
        be conducted by medical officers of the United States Public 
        Health Services.
            ``(B) Medical officers of the United States Public Health 
        Service who have had specialized training in the diagnosis of 
        insanity and mental defects shall be detailed for duty or 
        employed at such ports of entry as the Secretary may designate, 
        in consultation with the Attorney General.
            ``(2) Civil surgeons.--(A) Whenever medical officers of the 
        United States Public Health Service are not available to 
        perform examinations under this section, the Attorney General, 
        in consultation with the Secretary, shall designate civil 
        surgeons to perform the examinations.
            ``(B) Each civil surgeon designated under subparagraph (A) 
        shall--
                    ``(i) have at least 4 years of professional 
                experience unless the Secretary determines that special 
                or extenuating circumstances justify the designation of 
                an individual having a lesser amount of professional 
                experience; and
                    ``(ii) satisfy such other eligibility requirements 
                as the Secretary may prescribe.
            ``(3) Panel physicians.--In the case of examinations under 
        this section abroad, the medical examiner shall be a panel 
        physician designated by the Secretary of State, in consultation 
        with the Secretary.
    ``(d) Certification of Medical Findings.--The medical examiners 
shall certify for the information of immigration officers and special 
inquiry officers, or consular officers, as the case may be, any 
physical or mental defect or disease observed by such examiners in any 
such alien.
    ``(e) Vaccination Assessment.--(1) The assessment referred to in 
subsection (b)(1)(B) is an assessment of the alien's record of required 
vaccines for preventable diseases, including mumps, measles, rubella, 
polio, tetanus, diphtheria toxoids, pertussis, hemophilus-influenza 
type B, hepatitis type B, as well as any other diseases specified as 
vaccine-preventable by the Advisory Committee on Immunization 
Practices.
    ``(2) Medical examiners shall educate aliens on the importance of 
immunizations and shall create an immunization record for the alien at 
the time of examination.
    ``(3)(A) Each alien who has not been vaccinated against measles, 
and each alien under the age of 5 years who has not been vaccinated 
against polio, must receive such vaccination, unless waived by the 
Secretary, and must receive any other vaccination determined necessary 
by the Secretary prior to arrival in the United States.
    ``(B) Aliens who have not received the entire series of 
vaccinations prescribed in paragraph (1) (other than measles) shall 
return to a designated civil surgeon within 30 days of arrival in the 
United States, or within 30 days of adjustment of status, for the 
remainder of the vaccinations.
    ``(f) Appeal of Medical Examination Findings.--Any alien determined 
to have a health-related grounds of exclusion under paragraph (1) of 
section 212(a) may appeal that determination to a board of medical 
officers of the Public Health Service, which shall be convened by the 
Secretary. The alien may introduce at least one expert medical witness 
before the board at his or her own cost and expense.
    ``(g) Funding.--(1)(A) The Attorney General shall impose a fee upon 
any person applying for adjustment of status to that of an alien 
lawfully admitted to permanent residence under section 209, 210, 245, 
or 245A, and the Secretary of State shall impose a fee upon any person 
applying for a visa at a United States consulate abroad who is required 
to have a medical examination in accordance with subsection (a).
    ``(B) The amounts of the fees required by subparagraph (A) shall be 
established by the Secretary, in consultation with the Attorney General 
and the Secretary of State, as the case may be, and shall be set at 
such amounts as may be necessary to recover the full costs of 
establishing and administering the civil surgeon and panel physician 
programs, including the costs to the Service, the Department of State, 
and the Department of Health and Human Services for any additional 
expenditures associated with the administration of the fees collected.
    ``(2)(A) The fees imposed under paragraph (1) may be collected as 
separate fees or as surcharges to any other fees that may be collected 
in connection with an application for adjustment of status under 
section 209, 210, 245, or 245A, for a visa, or for a waiver of 
excludability under paragraph (1) or (2) of section 212(g), as the case 
may be.
    ``(B) The provisions of the Act of August 18, 1856 (Revised 
Statutes 1726-28, 22 U.S.C. 4212-14), concerning accounting for 
consular fees, shall not apply to fees collected by the Secretary of 
State under this section.
    ``(3)(A) There is established on the books of the Treasury of the 
United States a separate account which shall be known as the `Medical 
Examinations Fee Account'.
    ``(B) There shall be deposited as offsetting receipts into the 
Medical Examinations Fee Account all fees collected under paragraph 
(1), to remain available until expended.
    ``(C) Amounts in the Medical Examinations Fee Account shall be 
available only to reimburse any appropriation currently available for 
the programs established by this section.
    ``(h) Definitions.--As used in this section--
            ``(1) the term `medical examiner' refers to a medical 
        officer, civil surgeon, or panel physician, as described in 
        subsection (c); and
            ``(2) the term `Secretary' means the Secretary of Health 
        and Human Services.''.

SEC. 155. CERTIFICATION REQUIREMENTS FOR FOREIGN HEALTH-CARE WORKERS.

    (a) In General.--Section 212(a) (8 U.S.C. 1182(a)) is amended--
            (1) by redesignating paragraph (9) as paragraph (10); and
            (2) by inserting after paragraph (8) the following new 
        paragraph:
            ``(9) Uncertified foreign health-care workers.--(A) Any 
        alien who seeks to enter the United States for the purpose of 
        performing labor as a health-care worker, other than a 
        physician, is excludable unless the alien presents to the 
        consular officer, or, in the case of an adjustment of status, 
        the Attorney General, a certificate from the Commission on 
        Graduates of Foreign Nursing Schools, or a certificate from an 
        equivalent independent credentialing organization approved by 
        the Attorney General in consultation with the Secretary of 
        Health and Human Services, verifying that--
                    ``(i) the alien's education, training, license, and 
                experience--
                            ``(I) meet all applicable statutory and 
                        regulatory requirements for entry into the 
                        United States under the classification 
                        specified in the application;
                            ``(II) are comparable with that required 
                        for an American health-care worker of the same 
                        type; and
                            ``(III) are authentic and, in the case of a 
                        license, unencumbered;
                    ``(ii) the alien has the level of competence in 
                oral and written English considered by the Secretary of 
                Health and Human Services, in consultation with the 
                Secretary of Education, to be appropriate for health 
                care work of the kind in which the alien will be 
                engaged, as shown by an appropriate score on one or 
                more nationally recognized, commercially available, 
                standardized assessments of the applicant's ability to 
                speak and write; and
                    ``(iii) if a majority of States licensing the 
                profession in which the alien intends to work recognize 
                a test predicting the success on the profession's 
                licensing and certification examination, the alien has 
                passed such a test.
            ``(B) For purposes of subparagraph (A)(ii), determination 
        of the standardized tests required and of the minimum scores 
        that are appropriate are within the sole discretion of the 
        Secretary of Health and Human Services and are not subject to 
        further administrative or judicial review.''.
    (b) Conforming Amendments.--
            (1) Section 101(f)(3) is amended by striking ``(9)(A) of 
        section 212(a)'' and inserting ``(10)(A) of section 212(a)''.
            (2) Section 212(c) is amended by striking ``(9)(C)'' and 
        inserting ``(10)(C)''.

SEC. 156. INCREASED BAR TO REENTRY FOR ALIENS PREVIOUSLY REMOVED.

    (a) In General.--Section 212(a)(6) (8 U.S.C. 1182(a)(6)) is 
amended--
            (1) in subparagraph (A)--
                    (A) by striking ``one year'' and inserting ``five 
                years''; and
                    (B) by inserting ``, or within 20 years of the date 
                of any second or subsequent deportation,'' after 
                ``deportation'';
            (2) in subparagraph (B)--
                    (A) by redesignating clauses (ii), (iii), and (iv) 
                as clauses (iii), (iv), and (v), respectively;
                    (B) by inserting after clause (i) the following new 
                clause;
                            ``(ii) has departed the United States while 
                        an order of deportation is outstanding,'';
                    (C) by striking ``or'' after ``removal,''; and
                    (D) by inserting ``or (c) who seeks admission 
                within 20 years of a second or subsequent deportation 
                or removal,'' after ``felony,''.
    (b) Reentry of Deported Alien.--Section 276(a)(1) (8 U.S.C. 
1326(a)(1)) is amended to read as follows:
            ``(1) has been arrested and deported, has been excluded and 
        deported, or has departed the United States while an order of 
        exclusion or deportation is outstanding, and thereafter''.

SEC. 157. ELIMINATION OF CONSULATE SHOPPING FOR VISA OVERSTAYS.

    (a) In General.--Section 222 (8 U.S.C. 1202) is amended by adding 
at the end the following new subsection:
    ``(g)(1) In the case of an alien who has entered and remained in 
the United States beyond the authorized period of stay, the alien's 
nonimmigrant visa shall thereafter be invalid for reentry into the 
United States.
    ``(2) An alien described in paragraph (1) shall be ineligible to be 
readmitted to the United States as a nonimmigrant subsequent to the 
expiration of the alien's authorized period of stay, except--
            ``(A) on the basis of a visa issued in a consular office 
        located in the country of the alien's nationality (or, if there 
        is no office in such country, in such other consular office as 
        the Secretary of State shall specify); or
            ``(B) where extraordinary circumstances are found by the 
        Secretary of State to exist.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to visas issued before, on, or after the date of the enactment of this 
Act.

SEC. 158. INCITEMENT AS A BASIS FOR EXCLUSION FROM THE UNITED STATES.

    Section 212(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)), is amended--
            (1) by striking ``or'' at the end of clause (i)(I);
            (2) in clause (i)(II), by inserting ``or'' at the end; and
            (3) by inserting after clause (i)(II) the following new 
        subclause:
                                    ``(III) has, under circumstances 
                                indicating an intention to cause death 
                                or serious bodily harm, incited 
                                terrorism, engaged in targeted racial 
                                vilification, or advocated the 
                                overthrow of the United States 
                                Government or death or serious bodily 
                                harm to any United States citizen or 
                                United States Government official,''.

SEC. 159. CONFORMING AMENDMENT TO WITHHOLDING OF DEPORTATION.

    Section 243(h) (8 U.S.C. 1253(h)) is amended by adding at the end 
the following new paragraph:
            ``(3) The Attorney General may refrain from deporting any 
        alien if the Attorney General determines that--
                    ``(A) such alien's life or freedom would be 
                threatened, in the country to which such alien would be 
                deported or returned, on account of race, religion, 
                nationality, membership in a particular social group, 
                or political opinion, and
                    ``(B) deporting such alien would violate the 1967 
                United Nations Protocol relating to the Status of 
                Refugees.''.

                        PART 5--CRIMINAL ALIENS

SEC. 161. AMENDED DEFINITION OF AGGRAVATED FELONY.

    (a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is 
amended--
            (1) in subparagraph (D), by striking ``$100,000'' and 
        inserting ``$10,000'';
            (2) in subparagraphs (F), (G), and (O), by striking ``is at 
        least 5 years'' each place it appears and inserting ``at least 
        one year'';
            (3) in subparagraph (J)--
                    (A) by striking ``sentence of 5 years' 
                imprisonment'' and inserting ``sentence of one year 
                imprisonment''; and
                    (B) by striking ``offense described'' and inserting 
                ``offense described in section 1084 of title 18 (if it 
                is a second or subsequent offense), section 1955 of 
                such title (relating to gambling offenses), or'';
            (4) in subparagraph (K)--
                    (A) by striking ``or'' at the end of clause (i);
                    (B) by adding ``or'' at the end of clause (ii); and
                    (C) by adding at the end the following new clause:
                            ``(iii) is described in section 2421, 2422, 
                        or 2423 of title 18, United States Code 
                        (relating to transportation for the purpose of 
                        prostitution), if committed for commercial 
                        advantage.'';
            (5) in subparagraph (L)--
                    (A) by striking ``or'' at the end of clause (i);
                    (B) by inserting ``or'' at the end of clause (ii); 
                and
                    (C) by adding at the end the following new clause:
                            ``(iii) section 601 of the National 
                        Security Act of 1947 (relating to protecting 
                        the identity of undercover agents)'';
            (6) in subparagraph (M), by striking ``$200,000'' each 
        place it appears and inserting ``$10,000'';
            (7) in subparagraph (N)--
                    (A) by striking ``of title 18, United States 
                Code''; and
                    (B) by striking ``for the purpose of commercial 
                advantage'' and inserting the following: ``, except, 
                for a first offense, if the alien has affirmatively 
                shown that the alien committed the offense for the 
                purpose of assisting, abetting, or aiding only the 
                alien's spouse, child, or parent (and no other 
                individual) to violate a provision of this Act'';
            (8) in subparagraph (O), by striking ``which constitutes'' 
        and all that follows up to the semicolon at the end and 
        inserting the following: ``, except, for a first offense, if 
        the alien has affirmatively shown that the alien committed the 
        offense for the purpose of assisting, abetting, or aiding only 
        the alien's spouse, child, or parent (and no other individual) 
        to violate a provision of this Act'';
            (9) by redesignating subparagraphs (P) and (Q) as 
        subparagraphs (R) and (S), respectively;
            (10) by inserting after subparagraph (O) the following new 
        subparagraphs:
                    ``(P) any offense relating to commercial bribery, 
                counterfeiting, forgery, or trafficking in vehicles 
                whose identification numbers have been altered for 
                which the term of imprisonment imposed (regardless of 
                any suspension of imprisonment) is at least one year;
                    ``(Q) any offense relating to perjury or 
                subornation of perjury for which the term of 
                imprisonment imposed (regardless of any suspension of 
                imprisonment) is at least one year;'' and
            (11) in subparagraph (R) (as redesignated), by striking 
        ``15'' and inserting ``5''.
    (b) Effective Date of Definition.--Section 101(a)(43) (8 U.S.C. 
1101(a)(43)) is amended by adding at the end the following new 
sentence: ``Notwithstanding any other provision of law, the term 
applies regardless of whether the conviction was entered before, on, or 
after the date of enactment of this paragraph, except that, for 
purposes of section 242(f)(2), the term has the same meaning as was in 
effect under this paragraph on the date the offense was committed.''.
    (c) Application to Withholding of Deportation.--Section 243(h) (8 
U.S.C. 1253(h)), as amended by section 159 of this Act, is further 
amended in paragraph (2) by striking the last sentence and inserting 
the following: ``For purposes of subparagraph (B), an alien shall be 
considered to have committed a particularly serious crime if such alien 
has been convicted of one or more of the following:
            ``(1) An aggravated felony, or attempt or conspiracy to 
        commit an aggravated felony, for which the term of imprisonment 
        imposed (regardless of any suspension of imprisonment) is at 
        least one year.
            ``(2) An offense described in subparagraph (A), (B), (C), 
        (E), (H), (I), (J), (L), or subparagraph (K)(ii), of section 
        101(a)(43), or an attempt or conspiracy to commit an offense 
        described in one or more of such subparagraphs.''.

SEC. 162. INELIGIBILITY OF AGGRAVATED FELONS FOR ADJUSTMENT OF STATUS.

    Section 244(c) (8 U.S.C. 1254(c)), as amended by section 150 of 
this Act, is further amended by adding at the end the following new 
sentence: ``No person who has been convicted of an aggravated felony 
shall be eligible for relief under this subsection.''.

SEC. 163. EXPEDITIOUS DEPORTATION CREATES NO ENFORCEABLE RIGHT FOR 
              AGGRAVATED FELONS.

    Section 225 of the Immigration and Nationality Technical 
Corrections Act of 1994 (Public Law 103-416) is amended by striking 
``section 242(i) of the Immigration and Nationality Act (8 U.S.C. 
1252(i))'' and inserting ``sections 242(i) or 242A of the Immigration 
and Nationality Act (8 U.S.C. 1252(i) or 1252a)''.

SEC. 164. CUSTODY OF ALIENS CONVICTED OF AGGRAVATED FELONIES.

    (a) Exclusion and Deportation.--Section 236 (8 U.S.C. 1226) is 
amended in subsection (e)(2) by inserting after ``unless'' the 
following: ``(A) the Attorney General determines, pursuant to section 
3521 of title 18, United States Code, that release from custody is 
necessary to provide protection to a witness, a potential witness, a 
person cooperating with an investigation into major criminal activity, 
or an immediate family member or close associate of a witness, 
potential witness, or person cooperating with such an investigation, 
and that after such release the alien would not be a threat to the 
community, or (B)''.
    (b) Custody Upon Release From Incarceration.--Section 242(a)(2) (8 
U.S.C. 1252(a)(2)) is amended to read as follows:
    ``(2)(A) The Attorney General shall take into custody any specially 
deportable criminal alien upon release of the alien from incarceration 
and shall deport the alien as expeditiously as possible. 
Notwithstanding any other provision of law, the Attorney General shall 
not release such felon from custody.
    ``(B) The Attorney General shall have sole and unreviewable 
discretion to waive subparagraph (A) for aliens who are cooperating 
with law enforcement authorities or for purposes of national 
security.''.
    (c) Period in Which To Effect Alien's Departure.--Section 242(c) is 
amended--
            (1) in the first sentence--
                    (A) by striking ``(c)'' and inserting ``(c)(1)''; 
                and
                    (B) by inserting ``(other than an alien described 
                in paragraph (2))''; and
            (2) by adding at the end the following new paragraphs:
    ``(2)(A) When a final order of deportation is made against any 
specially deportable criminal alien, the Attorney General shall have a 
period of 30 days from the later of--
            ``(i) the date of such order, or
            ``(ii) the alien's release from incarceration,
within which to effect the alien's departure from the United States.
    ``(B) The Attorney General shall have sole and unreviewable 
discretion to waive subparagraph (A) for aliens who are cooperating 
with law enforcement authorities or for purposes of national security.
    ``(3) Nothing in this subsection shall be construed as providing a 
right enforceable by or on behalf of any alien to be released from 
custody or to challenge the alien's deportation.''.
    (d) Criminal Penalty for Unlawful Reentry.--Section 242(f) of the 
Immigration and Nationality Act (8 U.S.C. 1252(f)) is amended--
            (1) by inserting ``(1)'' immediately after ``(f)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Any alien who has unlawfully reentered or is found in the 
United States after having previously been deported subsequent to a 
conviction for any criminal offense covered in section 241(a)(2) 
(A)(iii), (B), (C), or (D), or two or more offenses described in clause 
(ii) of section 241(a)(2)(A), at least two of which resulted in a 
sentence or confinement described in section 241(a)(2)(A)(i)(II), 
shall, in addition to the punishment provided for any other crime, be 
punished by imprisonment of not less than 15 years.''.
    (e) Definition.--Section 242 (8 U.S.C. 1252) is amended by adding 
at the end the following new subsection:
    ``(k) For purposes of this section, the term `specially deportable 
criminal alien' means any alien convicted of an offense described in 
subparagraph (A)(iii), (B), (C), or (D) of section 241(a)(2), or two or 
more offenses described in section 241(a)(2)(A)(ii), at least two of 
which resulted in a sentence or confinement described in section 
241(a)(2)(A)(i)(II).''.

SEC. 165. JUDICIAL DEPORTATION.

    (a) In General.--Section 242A (8 U.S.C. 1252a(d)) is amended--
            (1) by redesignating subsection (d) as subsection (c); and
            (2) in subsection (c), as redesignated--
                    (A) by striking paragraph (1) and inserting the 
                following:
                    ``(1) Authority.--Notwithstanding any other 
                provision of this Act, a United States district court 
                shall have jurisdiction to enter a judicial order of 
                deportation at the time of sentencing against an 
                alien--
                            ``(A) whose criminal conviction causes such 
                        alien to be deportable under section 
                        241(a)(2)(A)(iii) (relating to conviction of an 
                        aggravated felony);
                            ``(B) who has at any time been convicted of 
                        a violation of section 276 (a) or (b) (relating 
                        to reentry of a deported alien);
                            ``(C) who has at any time been convicted of 
                        a violation of section 275 (relating to entry 
                        of an alien at an improper time or place and to 
                        misrepresentation and concealment of facts); or
                            ``(D) who is otherwise deportable pursuant 
                        to any of the paragraphs (1) through (5) of 
                        section 241(a).
                A United States Magistrate shall have jurisdiction to 
                enter a judicial order of deportation at the time of 
                sentencing where the alien has been convicted of a 
                misdemeanor offense and the alien is deportable under 
                this Act.''; and
                    (B) by adding at the end the following new 
                paragraphs:
            ``(5) State court finding of deportability.--(A) On motion 
        of the prosecution or on the court's own motion, any State 
        court with jurisdiction to enter judgments in criminal cases is 
        authorized to make a finding that the defendant is deportable 
        as a specially deportable criminal alien (as defined in section 
        242(k)).
            ``(B) The finding of deportability under subparagraph (A), 
        when incorporated in a final judgment of conviction, shall for 
        all purposes be conclusive on the alien and may not be 
        reexamined by any agency or court, whether by habeas corpus or 
        otherwise. The court shall notify the Attorney General of any 
        finding of deportability.
            ``(6) Stipulated judicial order of deportation.--The United 
        States Attorney, with the concurrence of the Commissioner, may, 
        pursuant to Federal Rule of Criminal Procedure 11, enter into a 
        plea agreement which calls for the alien, who is deportable 
        under this Act, to waive the right to notice and a hearing 
        under this section, and stipulate to the entry of a judicial 
        order of deportation from the United States as a condition of 
        the plea agreement or as a condition of probation or supervised 
        release, or both. The United States District Court, in both 
        felony and misdemeanor cases, and the United States Magistrate 
        Court in misdemeanors cases, may accept such a stipulation and 
        shall have jurisdiction to enter a judicial order of 
        deportation pursuant to the terms of such stipulation.''.
    (b) Conforming Amendments.--(1) Section 512 of the Immigration Act 
of 1990 is amended by striking ``242A(d)'' and inserting ``242A(c)''.
    (2) Section 130007(a) of the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322) is amended by striking 
``242A(d)'' and inserting ``242A(c)''.

SEC. 166. STIPULATED EXCLUSION OR DEPORTATION.

    (a) Exclusion and Deportation.--Section 236 (8 U.S.C. 1226) is 
amended by adding at the end the following new subsection:
    ``(f) The Attorney General shall provide by regulation for the 
entry by a special inquiry officer of an order of exclusion and 
deportation stipulated to by the alien and the Service. Such an order 
may be entered without a personal appearance by the alien before the 
special inquiry officer. A stipulated order shall constitute a 
conclusive determination of the alien's excludability and deportability 
from the United States.''.
    (b) Apprehension and Deportation.--Section 242 (8 U.S.C. 1252) is 
amended in subsection (b)--
            (1) by redesignating paragraphs (1), (2), (3), and (4) as 
        subparagraphs (A), (B), (C), and (D), respectively;
            (2) by inserting ``(1)'' immediately after ``(b)'';
            (3) by striking the sentence beginning with ``Except as 
        provided in section 242A(d)'' and inserting the following:
    ``(2) The Attorney General shall further provide by regulation for 
the entry by a special inquiry officer of an order of deportation 
stipulated to by the alien and the Service. Such an order may be 
entered without a personal appearance by the alien before the special 
inquiry officer. A stipulated order shall constitute a conclusive 
determination of the alien's deportability from the United States.
    ``(3) The procedures prescribed in this subsection and in section 
242A(c) shall be the sole and exclusive procedures for determining the 
deportability of an alien.''; and
            (4) by redesignating the tenth sentence as paragraph (4); 
        and
            (5) by redesignating the eleventh and twelfth sentences as 
        paragraph (5).
    (c) Conforming Amendments.--(1) Section 106(a) is amended by 
striking ``section 242(b)'' and inserting ``section 242(b)(1)''.
    (2) Section 212(a)(6)(B)(iv) is amended by striking ``section 
242(b)'' and inserting ``section 242(b)(1)''.
    (3) Section 242(a)(1) is amended by striking ``subsection (b)'' and 
inserting ``subsection (b)(1)''.
    (4) Section 242A(b)(1) is amended by striking ``section 242(b)'' 
and inserting ``section 242(b)(1)''.
    (5) Section 242A(c)(2)(D)(ii), as redesignated by section 165 of 
this Act, is amended by striking ``section 242(b)'' and inserting 
``section 242(b)(1)''.
    (6) Section 4113(a) of title 18, United States Code, is amended by 
striking ``section 1252(b)'' and inserting ``section 1252(b)(1)''.
    (7) Section 1821(e) of title 28, United States Code, is amended by 
striking ``section 242(b) of such Act (8 U.S.C. 1252(b))'' and 
inserting ``section 242(b)(1) of such Act (8 U.S.C. 1252(b)(1))''.
    (8) Section 242B(c)(1) is amended by striking ``section 242(b)(1)'' 
and inserting ``section 242(b)(4)''.
    (9) Section 242B(e)(2)(A) is amended by striking ``section 
242(b)(1)'' and inserting ``section 242(b)(4)''.
    (10) Section 242B(e)(5)(A) is amended by striking ``section 
242(b)(1)'' and inserting ``section 242(b)(4)''.

SEC. 167. DEPORTATION AS A CONDITION OF PROBATION.

    Section 3563(b) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (21);
            (2) by striking the period at the end of paragraph (22) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(23) be ordered deported by a United States District 
        Court, or United States Magistrate Court, pursuant to a 
        stipulation entered into by the defendant and the United States 
        under section 242A(c) of the Immigration and Nationality Act (8 
        U.S.C. 1252a(c)), except that, in the absence of a stipulation, 
        the United States District Court or the United States 
        Magistrate Court, may order deportation as a condition of 
        probation, if, after notice and hearing pursuant to section 
        242A(c) of the Immigration and Nationality Act, the Attorney 
        General demonstrates by clear and convincing evidence that the 
        alien is deportable.''.

SEC. 168. ANNUAL REPORT ON CRIMINAL ALIENS.

    Not later than 12 months after the date of the enactment of this 
Act, and annually thereafter, the Attorney General shall submit to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate a report detailing--
            (1) the number of illegal aliens incarcerated in Federal 
        and State prisons for having committed felonies, stating the 
        number incarcerated for each type of offense;
            (2) the number of illegal aliens convicted for felonies in 
        any Federal or State court, but not sentenced to incarceration, 
        in the year before the report was submitted, stating the number 
        convicted for each type of offense;
            (3) programs and plans underway in the Department of 
        Justice to ensure the prompt removal from the United States of 
        criminal aliens subject to exclusion or deportation; and
            (4) methods for identifying and preventing the unlawful 
        reentry of aliens who have been convicted of criminal offenses 
        in the United States and removed from the United States.

SEC. 169. UNDERCOVER INVESTIGATION AUTHORITY.

    (a) Authorities.--(1) In order to conduct any undercover 
investigative operation of the Immigration and Naturalization Service 
which is necessary for the detection and prosecution of crimes against 
the United States, the Service is authorized--
            (A) to lease space within the United States, the District 
        of Columbia, and the territories and possessions of the United 
        States without regard to section 3679(a) of the Revised 
        Statutes (31 U.S.C. 1341), section 3732(a) of the Revised 
        Statutes (41 U.S.C. 11(a)), section 305 of the Act of June 30, 
        1949 (63 Stat. 396; 41 U.S.C. 255), the third undesignated 
        paragraph under the heading ``Miscellaneous'' of the Act of 
        March 3, 1877 (19 Stat. 370; 40 U.S.C. 34), section 3648 of the 
        Revised Statutes (31 U.S.C. 3324), section 3741 of the Revised 
        Statutes (41 U.S.C. 22), and subsections (a) and (c) of section 
        304 of the Federal Property and Administrative Services Act of 
        1949 (63 Stat. 395; 41 U.S.C. 254 (a) and (c));
            (B) to establish or to acquire proprietary corporations or 
        business entities as part of an undercover operation, and to 
        operate such corporations or business entities on a commercial 
        basis, without regard to the provisions of section 304 of the 
        Government Corporation Control Act (31 U.S.C. 9102);
            (C) to deposit funds, including the proceeds from such 
        undercover operation, in banks or other financial institutions 
        without regard to the provisions of section 648 of title 18 of 
        the United States Code, and section 3639 of the Revised 
        Statutes (31 U.S.C. 3302); and
            (D) to use the proceeds from such undercover operations to 
        offset necessary and reasonable expenses incurred in such 
        operations without regard to the provisions of section 3617 of 
        the Revised Statutes (31 U.S.C. 3302).
    (2) The authorization set forth in paragraph (1) may be exercised 
only upon written certification of the Commissioner of the Immigration 
and Naturalization Service, in consultation with the Deputy Attorney 
General, that any action authorized by paragraph (1) (A), (B), (C), or 
(D) is necessary for the conduct of such undercover operation.
    (b) Unused Funds.--As soon as practicable after the proceeds from 
an undercover investigative operation, carried out under paragraph (1) 
(C) or (D) of subsection (a), are no longer necessary for the conduct 
of such operation, such proceeds or the balance of such proceeds 
remaining at the time shall be deposited into the Treasury of the 
United States as miscellaneous receipts.
    (c) Report.--If a corporation or business entity established or 
acquired as part of an undercover operation under subsection (a)(1)(B) 
with a net value of over $50,000 is to be liquidated, sold, or 
otherwise disposed of, the Immigration and Naturalization Service, as 
much in advance as the Commissioner or his or her designee determine 
practicable, shall report the circumstances to the Attorney General, 
the Director of the Office of Management and Budget, and the 
Comptroller General of the United States. The proceeds of the 
liquidation, sale, or other disposition, after obligations are met, 
shall be deposited in the Treasury of the United States as 
miscellaneous receipts.
    (d) Audits.--The Immigration and Naturalization Service shall 
conduct detailed financial audits of closed undercover operations on a 
quarterly basis and shall report the results of the audits in writing 
to the Deputy Attorney General.

SEC. 170. PRISONER TRANSFER TREATIES.

    (a) Negotiations With Other Countries.--(1) Congress advises the 
President to begin to negotiate and renegotiate, not later than 90 days 
after the date of enactment of this Act, bilateral prisoner transfer 
treaties, providing for the incarceration, in the country of the 
alien's nationality, of any alien who--
            (A) is a national of a country that is party to such a 
        treaty; and
            (B) has been convicted of a criminal offense under Federal 
        or State law and who--
                    (i) is not in lawful immigration status in the 
                United States, or
                    (ii) on the basis of conviction for a criminal 
                offense under Federal or State law, or on any other 
                basis, is subject to deportation under the Immigration 
                and Nationality Act,
for the duration of the prison term to which the alien was sentenced 
for the offense referred to in subparagraph (B). Any such agreement may 
provide for the release of such alien pursuant to parole procedures of 
that country.
    (2) In entering into negotiations under paragraph (1), the 
President may consider providing for appropriate compensation, subject 
to the availability of appropriations, in cases where the United States 
is able to independently verify the adequacy of the sites where aliens 
will be imprisoned and the length of time the alien is actually 
incarcerated in the foreign country under such a treaty.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) the focus of negotiations for such agreements should 
        be--
                    (A) to expedite the transfer of aliens unlawfully 
                in the United States who are (or are about to be) 
                incarcerated in United States prisons,
                    (B) to ensure that a transferred prisoner serves 
                the balance of the sentence imposed by the United 
                States courts,
                    (C) to eliminate any requirement of prisoner 
                consent to such a transfer, and
                    (D) to allow the Federal Government or the States 
                to keep their original prison sentences in force so 
                that transferred prisoners who return to the United 
                States prior to the completion of their original United 
                States sentences can be returned to custody for the 
                balance of their prisons sentences;
            (2) the Secretary of State should give priority to 
        concluding an agreement with any country for which the 
        President determines that the number of aliens described in 
        subsection (a) who are nationals of that country in the United 
        States represents a significant percentage of all such aliens 
        in the United States; and
            (3) no new treaty providing for the transfer of aliens from 
        Federal, State, or local incarceration facilities to a foreign 
        incarceration facility should permit the alien to refuse the 
        transfer.
    (c) Prisoner Consent.--Notwithstanding any other provision of law, 
except as required by treaty, the transfer of an alien from a Federal, 
State, or local incarceration facility under an agreement of the type 
referred to in subsection (a) shall not require consent of the alien.
    (d) Annual Report.--Not later than 90 days after the date of the 
enactment of this Act, and annually thereafter, the Attorney General 
shall submit a report to the Committees on the Judiciary of the House 
of Representatives and of the Senate stating whether each prisoner 
transfer treaty to which the United States is a party has been 
effective in the preceding 12 months in bringing about the return of 
deportable incarcerated aliens to the country of which they are 
nationals and in ensuring that they serve the balance of their 
sentences.
    (e) Training Foreign Law Enforcement Personnel.--(1) Subject to 
paragraph (2), the President shall direct the Border Patrol Academy and 
the Customs Service Academy to enroll for training an appropriate 
number of foreign law enforcement personnel, and shall make 
appointments of foreign law enforcement personnel to such academies, as 
necessary to further the following United States law enforcement goals:
            (A) prevention of drug smuggling and other cross-border 
        criminal activity;
            (B) preventing illegal immigration; and
            (C) preventing the illegal entry of goods into the United 
        States (including goods the sale of which is illegal in the 
        United States, the entry of which would cause a quota to be 
        exceeded, or which have not paid the appropriate duty or 
        tariff).
    (2) The appointments described in paragraph (1) shall be made only 
to the extent there is capacity in such academies beyond what is 
required to train United States citizens needed in the Border Patrol 
and Customs Service, and only of personnel from a country with which 
the prisoner transfer treaty has been stated to be effective in the 
most recent report referred to in subsection (d).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 170A. PRISONER TRANSFER TREATIES STUDY.

    (a) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of State and the Attorney 
General shall submit to the Congress a report that describes the use 
and effectiveness of the prisoner transfer treaties with the three 
countries with the greatest number of their nationals incarcerated in 
the United States in removing from the United States such incarcerated 
nationals.
    (b) Use of Treaty.--The report under subsection (a) shall include--
            (1) the number of aliens convicted of a criminal offense in 
        the United States since November 30, 1977, who would have been 
        or are eligible for transfer pursuant to the treaties;
            (2) the number of aliens described in paragraph (1) who 
        have been transferred pursuant to the treaties;
            (3) the number of aliens described in paragraph (2) who 
        have been incarcerated in full compliance with the treaties;
            (4) the number of aliens who are incarcerated in a penal 
        institution in the United States who are eligible for transfer 
        pursuant to the treaties; and
            (5) the number of aliens described in paragraph (4) who are 
        incarcerated in Federal, State, and local penal institutions in 
        the United States.
    (c) Recommendations.--The report under subsection (a) shall include 
the recommendations of the Secretary of State and the Attorney General 
to increase the effectiveness and use of, and full compliance with, the 
treaties. In considering the recommendations under this subsection, the 
Secretary and the Attorney General shall consult with such State and 
local officials in areas disproportionately impacted by aliens 
convicted of criminal offenses as the Secretary and the Attorney 
General consider appropriate. Such recommendations shall address--
            (1) changes in Federal laws, regulations, and policies 
        affecting the identification, prosecution, and deportation of 
        aliens who have committed criminal offenses in the United 
        States;
            (2) changes in State and local laws, regulations, and 
        policies affecting the identification, prosecution, and 
        deportation of aliens who have committed a criminal offense in 
        the United States;
            (3) changes in the treaties that may be necessary to 
        increase the number of aliens convicted of criminal offenses 
        who may be transferred pursuant to the treaties;
            (4) methods for preventing the unlawful reentry into the 
        United States of aliens who have been convicted of criminal 
        offenses in the United States and transferred pursuant to the 
        treaties;
            (5) any recommendations by appropriate officials of the 
        appropriate government agencies of such countries regarding 
        programs to achieve the goals of, and ensure full compliance 
        with, the treaties;
            (6) whether the recommendations under this subsection 
        require the renegotiation of the treaties; and
            (7) the additional funds required to implement each 
        recommendation under this subsection.

SEC. 170B. USING ALIEN FOR IMMORAL PURPOSES, FILING REQUIREMENT.

    Section 2424 of title 18, United States Code, is amended--
            (1) in the first undesignated paragraph of subsection (a)--
                    (A) by striking ``alien'' each place it appears;
                    (B) by inserting after ``individual'' the first 
                place it appears the following: ``, knowing or in 
                reckless disregard of the fact that the individual is 
                an alien''; and
                    (C) by striking ``within three years after that 
                individual has entered the United States from any 
                country, party to the arrangement adopted July 25, 
                1902, for the suppression of the white-slave traffic'';
            (2) in the second undesignated paragraph of subsection 
        (a)--
                    (A) by striking ``thirty'' and inserting ``five 
                business''; and
                    (B) by striking ``within three years after that 
                individual has entered the United States from any 
                country, party to the said arrangement for the 
                suppression of the white-slave traffic,'';
            (3) in the text following the third undesignated paragraph 
        of subsection (a), by striking ``two'' and inserting ``10''; 
        and
            (4) in subsection (b), before the period at the end of the 
        second sentence, by inserting ``, or for enforcement of the 
        provisions of section 274A of the Immigration and Nationality 
        Act''.

SEC. 170C. TECHNICAL CORRECTIONS TO VIOLENT CRIME CONTROL ACT AND 
              TECHNICAL CORRECTIONS ACT.

    (a) In General.--The second subsection (i) of section 245 (as added 
by section 130003(c)(1) of the Violent Crime Control and Law 
Enforcement Act of 1994; Public Law 103-322) is redesignated as 
subsection (j) of such section.
    (b) Conforming Amendment.--Section 241(a)(2)(A)(i)(I) (8 U.S.C. 
1251(a)(2)(A)(i)(I)) is amended by striking ``section 245(i)'' and 
inserting ``section 245(j)''.
    (c) Denial of Judicial Order.--(1) Section 242A(c)(4), as 
redesignated by section 165 of this Act, is amended by striking 
``without a decision on the merits''.
    (2) The amendment made by this subsection shall be effective as if 
originally included in section 223 of the Immigration and Nationality 
Technical Corrections Act of 1994 (Public Law 103-416).

SEC. 170D. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLEGAL ALIENS 
              IN INCARCERATION FACILITY OF ANAHEIM, CALIFORNIA.

    (a) Authority.--The Attorney General is authorized to conduct a 
project demonstrating the feasibility of identifying illegal aliens 
among those individuals who are incarcerated in local governmental 
prison facilities prior to arraignment on criminal charges.
    (b) Description of Project.--The project authorized by subsection 
(a) shall include the detail to the city of Anaheim, California, of an 
employee of the Immigration and Naturalization Service having expertise 
in the identification of illegal aliens for the purpose of training 
local officials in the identification of such aliens.
    (c) Termination.--The authority of this section shall cease to be 
effective 6 months after the date of the enactment of this Act.
    (d) Definition.--As used in this section, the term ``illegal 
alien'' means an alien in the United States who is not within any of 
the following classes of aliens:
            (1) Aliens lawfully admitted for permanent residence.
            (2) Nonimmigrant aliens described in section 101(a)(15) of 
        the Immigration and Nationality Act.
            (3) Refugees.
            (4) Asylees.
            (5) Parolees.
            (6) Aliens having deportation withheld under section 243(h) 
        of the Immigration and Nationality Act.
            (7) Aliens having temporary residence status.

                         PART 6--MISCELLANEOUS

SEC. 171. IMMIGRATION EMERGENCY PROVISIONS.

    (a) Reimbursement of Federal Agencies From Immigration Emergency 
Fund.--Section 404(b) (8 U.S.C. 1101 note) is amended--
            (1) in paragraph (1)--
                    (A) after ``paragraph (2)'' by striking ``and'' and 
                inserting a comma,
                    (B) by striking ``State'' and inserting ``other 
                Federal agencies and States'',
                    (C) by inserting ``, and for the costs associated 
                with repatriation of aliens attempting to enter the 
                United States illegally, whether apprehended within or 
                outside the territorial sea of the United States'' 
                before ``except'', and
                    (D) by adding at the end the following new 
                sentence: ``The fund may be used for the costs of such 
                repatriations without the requirement for a 
                determination by the President that an immigration 
                emergency exists.''; and
            (2) in paragraph (2)(A)--
                    (A) by inserting ``to Federal agencies providing 
                support to the Department of Justice or'' after 
                ``available''; and
                    (B) by inserting a comma before ``whenever''.
    (b) Vessel Movement Controls.--Section 1 of the Act of June 15, 
1917 (50 U.S.C. 191) is amended in the first sentence by inserting ``or 
whenever the Attorney General determines that an actual or anticipated 
mass migration of aliens en route to or arriving off the coast of the 
United States presents urgent circumstances requiring an immediate 
Federal response,'' after ``United States,'' the first place it 
appears.
    (c) Delegation of Immigration Enforcement Authority.--Section 103 
(8 U.S.C. 1103) is amended by adding at the end of subsection (a) the 
following new sentence: ``In the event the Attorney General determines 
that an actual or imminent mass influx of aliens arriving off the coast 
of the United States, or near a land border, presents urgent 
circumstances requiring an immediate Federal response, the Attorney 
General may authorize any specially designated State or local law 
enforcement officer, with the consent of the head of the department, 
agency, or establishment under whose jurisdiction the individual is 
serving, to perform or exercise any of the powers, privileges, or 
duties conferred or imposed by this Act or regulations issued 
thereunder upon officers or employees of the Service.''.

SEC. 172. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.

    Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amended--
            (1) by inserting ``(A)'' after ``Nondiscrimination.--''; 
        and
            (2) by adding at the end the following:
            ``(B) Nothing in this paragraph shall be construed to limit 
        the authority of the Secretary of State to determine the 
        procedures for the processing of immigrant visa applications or 
        the locations where such applications will be processed.''.

SEC. 173. JOINT STUDY OF AUTOMATED DATA COLLECTION.

    (a) Study.--The Attorney General, together with the Secretary of 
State, the Secretary of Agriculture, the Secretary of the Treasury, and 
appropriate representatives of the air transport industry, shall 
jointly undertake a study to develop a plan for making the transition 
to automated data collection at ports of entry.
    (b) Report.--Nine months after the date of enactment of this Act, 
the Attorney General shall submit a report to the Committees on the 
Judiciary of the Senate and the House of Representatives on the outcome 
of this joint initiative, noting specific areas of agreement and 
disagreement, and recommending further steps to be taken, including any 
suggestions for legislation.

SEC. 174. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.

    Not later than 2 years after the date of the enactment of this Act, 
the Attorney General shall develop an automated entry and exit control 
system that will enable the Attorney General to identify, through on-
line searching procedures, lawfully admitted nonimmigrants who remain 
in the United States beyond the period authorized by the Attorney 
General.

SEC. 175. USE OF LEGALIZATION AND SPECIAL AGRICULTURAL WORKER 
              INFORMATION.

    (a) Confidentiality of Information.--Section 245A(c)(5) (8 U.S.C. 
1255a(c)(5)) is amended by striking ``except that the Attorney 
General'' and inserting the following: ``except that the Attorney 
General shall provide information furnished under this section to a 
duly recognized law enforcement entity in connection with a criminal 
investigation or prosecution, when such information is requested in 
writing by such entity, or to an official coroner for purposes of 
affirmatively identifying a deceased individual (whether or not such 
individual is deceased as a result of a crime) and''.
    (b) Special Agricultural Workers.--Section 210(b)(6)(C) (8 U.S.C. 
1160(b)(6)(C)) is amended--
            (1) by striking the period at the end of subparagraph (C) 
        and inserting a comma; and
            (2) by adding in full measure margin after subparagraph (C) 
        the following:
        ``except that the Attorney General shall provide information 
        furnished under this section to a duly recognized law 
        enforcement entity in connection with a criminal investigation 
        or prosecution, when such information is requested in writing 
        by such entity, or to an official coroner for purposes of 
        affirmatively identifying a deceased individual (whether or not 
        such individual is deceased as a result of a crime).''.

SEC. 176. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.

    Section 246(a) (8 U.S.C. 1256(a)) is amended--
            (1) by inserting ``(1)'' immediately after ``(a)''; and
            (2) by adding at the end the following new sentence: 
        ``Nothing in this subsection requires the Attorney General to 
        rescind the alien's status prior to commencement of procedures 
        to deport the alien under section 242 or 242A, and an order of 
        deportation issued by a special inquiry officer shall be 
        sufficient to rescind the alien's status.''.

SEC. 177. COMMUNICATION BETWEEN FEDERAL, STATE, AND LOCAL GOVERNMENT 
              AGENCIES, AND THE IMMIGRATION AND NATURALIZATION SERVICE.

    Notwithstanding any other provision of Federal, State, or local 
law, no Federal, State, or local government entity shall prohibit, or 
in any way restrict, any government entity or any official within its 
jurisdiction from sending to, or receiving from, the Immigration and 
Naturalization Service information regarding the immigration status, 
lawful or unlawful, of any person.

SEC. 178. AUTHORITY TO USE VOLUNTEERS.

    (a) Acceptance of Donated Services.--Notwithstanding any other 
provision of law, but subject to subsection (b), the Attorney General 
may accept, administer, and utilize gifts of services from any person 
for the purpose of providing administrative assistance to the 
Immigration and Naturalization Service in administering programs 
relating to naturalization, adjudications at ports of entry, and 
removal of criminal aliens. Nothing in this section requires the 
Attorney General to accept the services of any person.
    (b) Limitation.--Such person may not administer or score tests and 
may not adjudicate.

SEC. 179. AUTHORITY TO ACQUIRE FEDERAL EQUIPMENT FOR BORDER.

    In order to facilitate or improve the detection, interdiction, and 
reduction by the Immigration and Naturalization Service of illegal 
immigration into the United States, the Attorney General is authorized 
to acquire and utilize any Federal equipment (including, but not 
limited to, fixed-wing aircraft, helicopters, four-wheel drive 
vehicles, sedans, night vision goggles, night vision scopes, and sensor 
units) determined available for transfer to the Department of Justice 
by any other agency of the Federal Government upon request of the 
Attorney General.

SEC. 180. LIMITATION ON LEGALIZATION LITIGATION.

    (a) Limitation on Court Jurisdiction.--Section 245A(f)(4) is 
amended by adding at the end the following new subparagraph:
    ``(C) Jurisdiction of courts.--Notwithstanding any other provision 
of law, no court shall have jurisdiction of any cause of action or 
claim by or on behalf of any person asserting an interest under this 
section unless such person in fact filed an application under this 
section within the period specified by subsection (a)(1), or attempted 
to file a complete application and application fee with an authorized 
legalization officer of the Immigration and Naturalization Service but 
had the application and fee refused by that officer.''.
    (b) Effective Date.--The amendment made by this section shall be 
effective as if originally included in section 201 of the Immigration 
Control and Financial Responsibility Act of 1986.

SEC. 181. LIMITATION ON ADJUSTMENT OF STATUS.

    Section 245(c) (8 U.S.C. 1255(c)) is amended--
            (1) by striking ``or (5)'' and inserting ``(5)''; and
            (2) by inserting before the period at the end the 
        following: ``; (6) any alien who seeks adjustment of status as 
        an employment-based immigrant and is not in a lawful 
        nonimmigrant status; or (7) any alien who was employed while 
        the alien was an unauthorized alien, as defined in section 
        274A(h)(3), or who has otherwise violated the terms of a 
        nonimmigrant visa''.

SEC. 182. REPORT ON DETENTION SPACE.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Attorney General shall submit a report to 
the Congress estimating the amount of detention space that would be 
required on the date of enactment of this Act, in 5 years, and in 10 
years, under various policies on the detention of aliens, including but 
not limited to--
            (1) detaining all excludable or deportable aliens who may 
        lawfully be detained;
            (2) detaining all excludable or deportable aliens who 
        previously have been excluded, been deported, departed while an 
        order of exclusion or deportation was outstanding, voluntarily 
        departed under section 244, or voluntarily returned after being 
        apprehended while violating an immigration law of the United 
        States; and
            (3) the current policy.
    (b) Estimate of Number of Aliens Released Into the Community.--Such 
report shall also estimate the number of excludable or deportable 
aliens who have been released into the community in each of the 3 years 
prior to the date of enactment of this Act under circumstances that the 
Attorney General believes justified detention (for example, a 
significant probability that the released alien would not appear, as 
agreed, at subsequent exclusion or deportation proceedings), but a lack 
of detention facilities required release.

SEC. 183. COMPENSATION OF IMMIGRATION JUDGES.

    (a) Compensation.--
            (1) In general.--There shall be four levels of pay for 
        special inquiry officers of the Department of Justice (in this 
        section referred to as ``immigration judges'') under the 
        Immigration Judge Schedule (designated as IJ-1, IJ-2, IJ-3, and 
        IJ-4, respectively), and each such judge shall be paid at one 
        of those levels, in accordance with the provisions of this 
        subsection.
            (2) Rates of pay.--(A) The rates of basic pay for the 
        levels established under paragraph (1) shall be as follows:

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

SEC. 184. ACCEPTANCE OF STATE SERVICES TO CARRY OUT IMMIGRATION 
              ENFORCEMENT.

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

SEC. 185. ALIEN WITNESS COOPERATION.

    Section 214(j)(1) of the Immigration and Nationality Act (8 U.S.C. 
1184(j)(1)) (relating to numerical limitations on the number of aliens 
that may be provided visas as nonimmigrants under section 
101(a)(15)(5)(ii) of such Act) is amended--
            (1) by striking ``100'' and inserting ``200''; and
            (2) by striking ``25'' and inserting ``50''.

                   Subtitle B--Other Control Measures

                        PART 1--PAROLE AUTHORITY

SEC. 191. USABLE ONLY ON A CASE-BY-CASE BASIS FOR HUMANITARIAN REASONS 
              OR SIGNIFICANT PUBLIC BENEFIT.

    Section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)) is amended by striking 
``for emergent reasons or for reasons deemed strictly in the public 
interest'' and inserting ``on a case-by-case basis for urgent 
humanitarian reasons or significant public benefit''.

SEC. 192. INCLUSION IN WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS.

    (a) In General.--Section 201(c) (8 U.S.C. 1151(c)) is amended--
            (1) by amending paragraph (1)(A)(ii) to read as follows:
            ``(ii) the sum of the number computed under paragraph (2) 
        and the number computed under paragraph (4), plus''; and
            (2) by adding at the end the following new paragraphs:
    ``(4) The number computed under this paragraph for a fiscal year is 
the number of aliens who were paroled into the United States under 
section 212(d)(5) in the second preceding fiscal year and who did not 
depart from the United States within 365 days.
    ``(5) If any alien described in paragraph (4) is subsequently 
admitted as an alien lawfully admitted for permanent residence, such 
alien shall not again be considered for purposes of paragraph (1).''.
    (b) Inclusion of Paroled Aliens.--Section 202 (8 U.S.C. 1152) is 
amended by adding at the end the following new subsection:
    ``(f)(1) For purposes of subsection (a)(2), an immigrant visa shall 
be considered to have been made available in a fiscal year to any alien 
who is not an alien lawfully admitted for permanent residence but who 
was paroled into the United States under section 212(d)(5) in the 
second preceding fiscal year and who did not depart from the United 
States within 365 days.
    ``(2) If any alien described in paragraph (1) is subsequently 
admitted as an alien lawfully admitted for permanent residence, an 
immigrant visa shall not again be considered to have been made 
available for purposes of subsection (a)(2).''.

                             PART 2--ASYLUM

SEC. 193. TIME LIMITATION ON ASYLUM CLAIMS.

    (a) Section 208(a) (8 U.S.C. 1158(a)) is amended--
            (1) by striking ``The'' and inserting the following: ``(1) 
        Except as provided in paragraph (2), the''; and
            (2) by adding at the end the following:
    ``(2)(A) An application for asylum filed for the first time during 
an exclusion or deportation proceeding shall not be considered if the 
proceeding was commenced more than one year after the alien's entry or 
admission into the United States.
    ``(B) An application for asylum may be considered, notwithstanding 
subparagraph (A), if the applicant shows good cause for not having 
filed within the specified period of time.''.
    (b) As used in this section, ``good cause'' may include, but is not 
limited to, circumstances that changed after the applicant entered the 
United States and that are relevant to the applicant's eligibility for 
asylum; physical or mental disability; threats of retribution against 
the applicant's relatives abroad; attempts to file affirmatively that 
were successful because of technical defects; efforts to seek asylum 
that were delayed by the temporary unavailability of professional 
assistance; the illness or death of the applicant's legal 
representative; or other extenuating circumstances as determined by the 
Attorney General.

SEC. 194. LIMITATION ON WORK AUTHORIZATION FOR ASYLUM APPLICANTS.

    Section 208 (8 U.S.C. 1158), as amended by this Act, is further 
amended by adding at the end the following new subsection:
    ``(f)(1) An applicant for asylum may not engage in employment in 
the United States unless such applicant has submitted an application 
for employment authorization to the Attorney General and, subject to 
paragraph (2), the Attorney General has granted such authorization.
    ``(2) The Attorney General may deny any application for, or suspend 
or place conditions on any grant of, authorization for any applicant 
for asylum to engage in employment in the United States.''.

SEC. 195. INCREASED RESOURCES FOR REDUCING ASYLUM APPLICATION BACKLOGS.

    (a) Purpose and Period of Authorization.--For the purpose of 
reducing the number of applications pending under sections 208 and 
243(h) of the Immigration and Nationality Act (8 U.S.C. 1158 and 1253) 
as of the date of the enactment of this Act, the Attorney General shall 
have the authority described in subsection (b) for a period of two 
years, beginning 90 days after the date of the enactment of this Act.
    (b) Procedures for Property Acquisition on Leasing.--
Notwithstanding the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 471 et seq.), the Attorney General is authorized to 
expend out of funds made available to the Department of Justice for the 
administration of the Immigration and Nationality Act such amounts as 
may be necessary for the leasing or acquisition of property to carry 
out the purpose described in subsection (a).

                      PART 3--CUBAN ADJUSTMENT ACT

SEC. 196. REPEAL AND EXCEPTION.

    (a) Repeal.--Subject to subsection (b), Public Law 89-732, as 
amended, is hereby repealed.
    (b) Notwithstanding any other provision of this Act, the repeal of 
Public Law 89-732 made by this Act shall become effective only upon a 
determination by the President under section 203(c)(3) of the Cuban 
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 that a 
democratically elected government in Cuba is in power.

                      Subtitle C--Effective Dates

SEC. 197. EFFECTIVE DATES.

    Except as otherwise provided in this title, and the amendments made 
by this title, shall take effect on the date of the enactment of this 
Act.

                   TITLE II--FINANCIAL RESPONSIBILITY

           Subtitle A--Receipt of Certain Government Benefits

SEC. 201. INELIGIBILITY OF EXCLUDABLE, DEPORTABLE, AND NONIMMIGRANT 
              ALIENS.

    (a) Public Assistance and Benefits.--
            (1) In general.--Notwithstanding any other provision of 
        law, an ineligible alien (as defined in subsection (f)(2)) 
        shall not be eligible to receive--
                    (A) any benefits under a public assistance program 
                (as defined in subsection (f)(3)), except--
                            (i) emergency medical services under title 
                        XIX of the Social Security Act,
                            (ii) subject to paragraph (4), prenatal and 
                        postpartum services under title XIX of the 
                        Social Security Act,
                            (iii) short-term emergency disaster relief,
                            (iv) assistance or benefits under--
                                    (I) the National School Lunch Act 
                                (42 U.S.C. 1751 et seq.),
                                    (II) the Child Nutrition Act of 
                                1966 (42 U.S.C. 1771 et seq.),
                                    (III) section 4 of the Agriculture 
                                and Consumer Protection Act of 1973 
                                (Public Law 93-86; 7 U.S.C. 612c note),
                                    (IV) the Emergency Food Assistance 
                                Act of 1983 (Public Law 98-8; 7 U.S.C. 
                                612c note),
                                    (V) section 110 of the Hunger 
                                Prevention Act of 1988 (Public Law 100-
                                435; 7 U.S.C. 612c note), and
                                    (VI) the food distribution program 
                                on Indian reservations established 
                                under section 4(b) of Public Law 88-525 
                                (7 U.S.C. 2013(b)),
                            (v) public health assistance for 
                        immunizations and, if the Secretary of Health 
                        and Human Services determines that it is 
                        necessary to prevent the spread of a serious 
                        communicable disease, for testing and treatment 
                        for such diseases, and
                            (vi) such other service or assistance (such 
                        as soup kitchens, crisis counseling, 
                        intervention (including intervention for 
                        domestic violence), and short-term shelter) as 
                        the Attorney General specifies, in the Attorney 
                        General's sole and unreviewable discretion, 
                        after consultation with the heads of 
                        appropriate Federal agencies, if--
                                    (I) such service or assistance is 
                                delivered at the community level, 
                                including through public or private 
                                nonprofit agencies;
                                    (II) such service or assistance is 
                                necessary for the protection of life, 
                                safety, or public health; and
                                    (III) such service or assistance or 
                                the amount or cost of such service or 
                                assistance is not conditioned on the 
                                recipient's income or resources; or
                    (B) any grant, contract, loan, professional 
                license, or commercial license provided or funded by 
                any agency of the United States or any State or local 
                government entity, except--
                            ``(i) if the alien is a nonimmigrant alien 
                        authorized to work in the United States--
                                    ``(I) any professional or 
                                commercial license required to engage 
                                in such work, if the nonimmigrant is 
                                otherwise qualified for such license; 
                                or
                                    ``(II) any contract provided or 
                                funded by such an agency or entity; or
                            ``(ii) if the alien is an alien who is 
                        outside of the United States, any contract 
                        provided or funded by such an agency or 
                        entity.''.
            (2) Benefits of residence.--Notwithstanding any other 
        provision of law, no State or local government entity shall 
        consider any ineligible alien as a resident when to do so would 
        place such alien in a more favorable position, regarding access 
        to, or the cost of, any benefit or government service, except 
        elementary or secondary education, than a United States citizen 
        who is not regarded as such a resident.
            (3) Notification of aliens.--
                    (A) In general.--The agency administering a program 
                referred to in paragraph (1)(A) or providing benefits 
                referred to in paragraph (1)(B) shall, directly or, in 
                the case of a Federal agency, through the States, 
                notify individually or by public notice, all ineligible 
                aliens who are receiving benefits under a program 
                referred to in paragraph (1)(A), or are receiving 
                benefits referred to in paragraph (1)(B), as the case 
                may be, immediately prior to the date of the enactment 
                of this Act and whose eligibility for the program is 
                terminated by reason of this subsection.
                    (B) Failure to give notice.--Nothing in 
                subparagraph (A) shall be construed to require or 
                authorize continuation of such eligibility if the 
                notice required by such paragraph is not given.
            (4) Limitation on pregnancy services for undocumented 
        aliens.--
                    (A) 3-year continuous residence.--An ineligible 
                alien may not receive the services described in 
                paragraph (1)(A)(ii) unless such alien can establish 
                proof of continuous residence in the United States for 
                not less than 3 years, as determined in accordance with 
                section 245a.2(d)(3) of title 8, Code of Federal 
                Regulations as in effect on the day before the date of 
                the enactment of this Act.
                    (B) Limitation on expenditures.--Not more than 
                $120,000,000 in outlays may be expended under title XIX 
                of the Social Security Act for reimbursement of 
                services described in paragraph (1)(A)(ii) that are 
                provided to individuals described in subparagraph (A).
                    (C) Continued services by current states.--States 
                that have provided services described in paragraph 
                (1)(A)(ii) for a period of 3 years before the date of 
                the enactment of this Act shall continue to provide 
                such services and shall be reimbursed by the Federal 
                Government for the costs incurred in providing such 
                services. States that have not provided such services 
                before the date of the enactment of this Act, but elect 
                to provide such services after such date, shall be 
                reimbursed for the costs incurred in providing such 
                services. In no case shall States be required to 
                provide services in excess of the amounts provided in 
                subparagraph (B).
    (b) Unemployment Benefits.--Notwithstanding any other provision of 
law, only eligible aliens who have been granted employment 
authorization pursuant to Federal law, and United States citizens or 
nationals, may receive unemployment benefits payable out of Federal 
funds, and such eligible aliens may receive only the portion of such 
benefits which is attributable to the authorized employment.
    (c) Social Security Benefits.--(1) Section 202 of the Social 
Security Act (42 U.S.C. 402) is amended by adding at the end the 
following new subsection:

                   ``Limitation on Payments to Aliens

    ``(y)(1) Notwithstanding any other provision of law and except as 
provided in paragraph (2), no monthly benefit under this title shall be 
payable to any alien in the United States for any month during which 
such alien is not lawfully present in the United States as determined 
by the Attorney General.
    ``(2) Paragraph (1) shall not apply in any case where entitlement 
to such benefit is based on an application filed before the date of the 
enactment of this subsection.''.
    (2) Nothing in this subsection (c) shall affect any obligation or 
liability of any individual or employer under title 21 of subtitle C of 
the Internal Revenue Code.
    (3) No more than eighteen months following enactment of this Act, 
the Comptroller General is directed to conduct and complete a study of 
whether, and to what extent, individuals who are not authorized to work 
in the United States are qualifying for Old Age, Survivors, and 
Disability Insurance (OASDI) benefits based on their earnings record.
    (d) Housing Assistance Programs.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Housing and Urban 
Development shall submit a report to the Committee on the Judiciary and 
the Committee on Banking, Housing, and Urban Affairs of the Senate, and 
the Committee on the Judiciary and the Committee on Banking and 
Financial Services of the House of Representatives, describing the 
manner in which the Secretary is enforcing section 214 of the Housing 
and Community Development Act of 1980 (Public Law 96-399; 94 Stat. 
1637) and containing statistics with respect to the number of 
individuals denied financial assistance under such section.
    (e) Nonprofit, Charitable Organizations.--
            (1) In general.--Nothing in this Act shall be construed as 
        requiring a nonprofit charitable organization operating any 
        program of assistance provided or funded, in whole or in part, 
        by the Federal Government to--
                    (A) determine, verify, or otherwise require proof 
                of the eligibility, as determined under this title, of 
                any applicant for benefits or assistance under such 
                program; or
                    (B) deem that the income or assets of any applicant 
                for benefits or assistance under such program include 
                the income or assets described in section 204(b).
            (2) No effect on federal authority to determine 
        compliance.--Nothing in this subsection shall be construed as 
        prohibiting the Federal Government from determining the 
        eligibility, under this section or section 204, of any 
        individual for benefits under a public assistance program (as 
        defined in subsection (f)(3)) or for government benefits (as 
        defined in subsection (f)(4)).
    (f) Definitions.--For the purposes of this section--
            (1) Eligible alien.--The term ``eligible alien'' means an 
        individual who is--
                    (A) an alien lawfully admitted for permanent 
                residence under the Immigration and Nationality Act,
                    (B) an alien granted asylum under section 208 of 
                such Act,
                    (C) a refugee admitted under section 207 of such 
                Act,
                    (D) an alien whose deportation has been withheld 
                under section 243(h) of such Act,
                    (E) an alien paroled into the United States under 
                section 212(d)(5) of such Act for a period of at least 
                1 year, or
                    (F) an alien who--
                            (i) has been battered or subjected to 
                        extreme cruelty in the United States by a 
                        spouse or a parent, or by a member of the 
                        spouse or parent's family residing in the same 
                        household as the alien and the spouse or parent 
                        consented or acquiesced to such battery or 
                        cruelty; and
                            (ii) has petitioned (or petitions within 45 
                        days after the first application for means-
                        tested government assistance under SSI, AFDC, 
                        social services block grants; Medicaid, food 
                        stamps, or housing assistance) for--
                                    (I) status as a spouse or a child 
                                of a United States citizen pursuant to 
                                clause (ii), (iii), or (iv) of section 
                                204(a)(1)(A) of the Immigration and 
                                Nationality Act,
                                    (II) classification pursuant to 
                                clause (ii) or (iii) of section 
                                204(a)(1)(B) of the Act, or
                                    (III) suspension of deportation and 
                                adjustment of status pursuant to 
                                section 244(a)(3) of such Act, or
                            (iii) is the beneficiary of a petition for 
                        status as a spouse or child of a United States 
                        citizen pursuant to clause (i) of section 
                        204(a)(1)(A) of the Immigration and Nationality 
                        Act, or of a petition filed for classification 
                        pursuant to clause (i) of section 204(a)(1)(B) 
                        of such Act; or
                    (G) an alien whose child--
                            (i) has been battered or subjected to 
                        extreme cruelty in the United States by a 
                        spouse or a parent of the alien (without the 
                        active participation of the alien in the 
                        battery or extreme cruelty), or by a member of 
                        the spouse or parent's family residing in the 
                        same household as the alien and the spouse or 
                        parent consented or acquiesced to such battery 
                        or cruelty, and the alien did not actively 
                        participate in such battery or cruelty; and
                            (ii) has petitioned (or petitions within 45 
                        days after the first application for assistance 
                        from a means-tested government assistance 
                        program) for--
                                    (I) status as a spouse or a child 
                                of a United States citizen pursuant to 
                                clause (ii), (iii), or (iv) of section 
                                204(a)(1)(A) of the Immigration and 
                                Nationality Act,
                                    (II) classification pursuant to 
                                clause (ii) or (iii) of section 
                                204(a)(1)(B) of the Act, or
                                    (III) suspension of deportation and 
                                adjustment of status pursuant to 
                                section 244(a)(3) of such Act, or
                            (iii) is the beneficiary of a petition for 
                        status as a spouse or child of a United States 
                        citizen pursuant to clause (i) of section 
                        204(a)(1)(A) of the Immigration and Nationality 
                        Act, or of a petition filed for classification.
            (2) Ineligible alien.--The term ``ineligible alien'' means 
        an individual who is not--
                    (A) a United States citizen or national; or
                    (B) an eligible alien.
            (3) Public assistance program.--The term ``public 
        assistance program'' means any program of assistance provided 
        or funded, in whole or in part, by the Federal Government or 
        any State or local government entity, for which eligibility for 
        benefits is based on need.
            (4) Government benefits.--The term ``government benefits'' 
        includes--
                    (A) any grant, contract, loan, professional 
                license, or commercial license provided or funded by 
                any agency of the United States or any State or local 
                government entity, except--
                            (i) if the alien is a nonimmigrant alien 
                        authorized to work in the United States--
                                    (I) any professional or commercial 
                                license required to engage in such 
                                work, if the nonimmigrant is otherwise 
                                qualified for such license; or
                                    (II) any contract provided or 
                                funded by such an agency or entity; or
                            (ii) if the alien is an alien who is 
                        outside of the United States, any contract 
                        provided or funded by such an agency or entity.
                    (B) unemployment benefits payable out of Federal 
                funds;
                    (C) benefits under title II of the Social Security 
                Act;
                    (D) financial assistance for purposes of section 
                214(a) of the Housing and Community Development Act of 
                1980 (Public Law 96-399; 94 Stat. 1637); and
                    (E) benefits based on residence that are prohibited 
                by subsection (a)(2).

SEC. 202. DEFINITION OF ``PUBLIC CHARGE'' FOR PURPOSES OF DEPORTATION.

    (a) In General.--Section 241(a)(5) (8 U.S.C. 1251(a)(5)) is amended 
to read as follows:
            ``(5) Public charge.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (E), any alien who during the 
                public charge period becomes a public charge, 
                regardless of when the cause for becoming a public 
                charge arises, is deportable for a period of five years 
                after the immigrant last receives a benefit during the 
                public charge period under any of the programs 
                described in subparagraph (D).
                    ``(B) Exceptions.--Subparagraph (A) shall not apply 
                if the alien is a refugee or has been granted asylum, 
                or if the cause of the alien's becoming a public 
                charge--
                            ``(i) arose after entry (in the case of an 
                        alien who entered as an immigrant) or after 
                        adjustment to lawful permanent resident status 
                        (in the case of an alien who entered as a 
                        nonimmigrant), and
                            ``(ii) was a physical illness, or physical 
                        injury, so serious the alien could not work at 
                        any job, or a mental disability that required 
                        continuous hospitalization.
                    ``(C) Definitions.--
                            ``(i) Public charge period.--For purposes 
                        of subparagraph (A), the term `public charge 
                        period' means the period beginning on the date 
                        the alien entered the United States and 
                        ending--
                                    ``(I) for an alien who entered the 
                                United States as an immigrant, 5 years 
                                after entry, or
                                    ``(II) for an alien who entered the 
                                United States as a nonimmigrant, 5 
                                years after the alien adjusted to 
                                permanent resident status.
                            ``(ii) Public charge.--For purposes of 
                        subparagraph (A), the term `public charge' 
                        includes any alien who receives benefits under 
                        any program described in subparagraph (D) for 
                        an aggregate period of more than 12 months.
                    ``(D) Programs described.--The programs described 
                in this subparagraph are the following:
                            ``(i) The aid to families with dependent 
                        children program under title IV of the Social 
                        Security Act.
                            ``(ii) The medicaid program under title XIX 
                        of the Social Security Act.
                            ``(iii) The food stamp program under the 
                        Food Stamp Act of 1977.
                            ``(iv) The supplemental security income 
                        program under title XVI of the Social Security 
                        Act.
                            ``(v) Any State general assistance program.
                            ``(vi) Any other program of assistance 
                        funded, in whole or in part, by the Federal 
                        Government or any State or local government 
                        entity, for which eligibility for benefits is 
                        based on need, except the programs listed as 
                        exceptions in clauses (i) through (vi) of 
                        section 201(a)(1)(A) of the Immigration Reform 
                        Act of 1996 or any student assistance received 
                        or approved for receipt under title IV, V, IX, 
                        or X of the Higher Education Act of 1965 in an 
                        academic year which ends or begins in the 
                        calendar year in which this Act is enacted 
                        until the matriculation of their education.
                    ``(E) Special rule for battered women and 
                children.--(i) For purposes of any determination under 
                subparagraph (A), and except as provided under clause 
                (ii), the aggregate period shall be 48 months within 
                the first 7 years of entry if the alien can demonstrate 
                that (I) the alien has been battered or subjected to 
                extreme cruelty in the United States by a spouse or a 
                parent, or by a member of the spouse or parent's family 
                residing in the same household as the alien and the 
                spouse or parent consented or acquiesced to such 
                battery or cruelty, or (II) the alien's child has been 
                battered or subjected to extreme cruelty in the United 
                States by a spouse or parent of the alien (without the 
                active participation of the alien in the battery or 
                extreme cruelty), or by a member of the spouse or 
                parent's family residing in the same household as the 
                alien when the spouse or parent consented or acquiesced 
                to and the alien did not actively participate in such 
                battery or cruelty, and the need for the public 
                benefits received has a connection to the battery or 
                cruelty described in subclause (I) or (II).
                    ``(ii) For the purposes of a determination under 
                subparagraph (A), the aggregate period may exceed 48 
                months within the first 7 years of entry if the alien 
                can demonstrate that any battery or cruelty under 
                clause (ii) is ongoing, has led to the issuance of an 
                order of a judge or an administrative law judge or a 
                prior determination of the Service, and that such 
                battery or cruelty has a causal relationship to the 
                need for the benefits received.pursuant to clause (i) 
                of section 204(a)(1)(B) of such Act.''.
    (b) Construction.--Nothing in subparagraph (B), (C), or (D) of 
section 241(a)(5) of the Immigration and Nationality Act, as amended by 
subsection (a), may be construed to affect or apply to any 
determination of an alien as a public charge made before the date of 
the enactment of this Act.
    (c) Review of Status.--
            (1) In general.--In reviewing any application by an alien 
        for benefits under section 216, section 245, or chapter 2 of 
        title III of the Immigration and Nationality Act, the Attorney 
        General shall determine whether or not the applicant is 
        deportable under section 241(a)(5)(A) of such Act, as so 
        amended.
            (2) Grounds for denial.--If the Attorney General determines 
        that an alien is deportable under section 241(a)(5)(A) of the 
        Immigration and Nationality Act, the Attorney General shall 
        deny such application and shall institute deportation 
        proceedings with respect to such alien, unless the Attorney 
        General exercises discretion to withhold or suspend deportation 
        pursuant to any other section of such Act.
    (d) Effective Date.--This section and the amendments made by this 
section shall apply to aliens who enter the United States on or after 
the date of the enactment of this Act and to aliens who entered as 
nonimmigrants before such date but adjust or apply to adjust their 
status after such date.

SEC. 203. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.

    (a) Enforceability.--(1) No affidavit of support may be relied upon 
by the Attorney General or by any consular officer to establish that an 
alien is not excludable as a public charge under section 212(a)(4) of 
the Immigration and Nationality Act unless such affidavit is executed 
as a contract--
            (A) which is legally enforceable against the sponsor by the 
        sponsored individual, by the Federal Government, and by any 
        State, district, territory, or possession of the United States 
        (or any subdivision of such State, district, territory, or 
        possession of the United States) which provides any benefit 
        described in section 241(a)(5)(D), but not later than 10 years 
        after the sponsored individual last receives any such benefit;
            (B) in which the sponsor agrees to financially support the 
        sponsored individual, so that he or she will not become a 
        public charge, until the sponsored individual has worked in the 
        United States for 40 qualifying quarters; and
            (C) in which the sponsor agrees to submit to the 
        jurisdiction of any Federal or State court for the purpose of 
        actions brought under subsection (d) or (e).
    (2) In determining the number of qualifying quarters for which a 
sponsored individual has worked for purposes of paragraph (1)(B), an 
individual not meeting the requirements of subparagraphs (A) or (C) of 
subsection (f)(3) for any quarter shall be treated as meeting such 
requirements if--
            (A) their spouse met such requirements for such quarter and 
        they filed a joint income tax return covering such quarter; or
            (B) the individual who claimed such individual as a 
        dependent on an income tax return covering such quarter met 
        such requirements for such quarter.
    (b) Forms.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of State, the Attorney General, and the 
Secretary of Health and Human Services shall jointly formulate the 
affidavit of support described in this section.
    (c) Notification of Change of Address.--
            (1) General requirement.--The sponsor shall notify the 
        Attorney General and the State, district, territory, or 
        possession in which the sponsored individual is currently a 
        resident within 30 days of any change of address of the sponsor 
        during the period specified in subsection (a)(1).
            (2) Penalty.--Any person subject to the requirement of 
        paragraph (1) who fails to satisfy such requirement shall, 
        after notice and opportunity to be heard, be subject to a civil 
        penalty of--
                    (A) not less than $250 or more than $2,000, or
                    (B) if such failure occurs with knowledge that the 
                sponsored individual has received any benefit described 
                in section 241(a)(5)(D) of the Immigration and 
                Nationality Act, as amended by section 202(a) of this 
                Act, not less than $2,000 or more than $5,000.
    (d) Reimbursement of Government Expenses.--
            (1) In general.--
                    (A) Request for reimbursement.--Upon notification 
                that a sponsored individual has received any benefit 
                described in section 241(a)(5)(D) of the Immigration 
                and Nationality Act, as amended by section 202(a) of 
                this Act, the appropriate Federal, State, or local 
                official shall request reimbursement from the sponsor 
                for the amount of such assistance.
                    (B) Regulations.--The Commissioner of Social 
                Security shall prescribe such regulations as may be 
                necessary to carry out subparagraph (A). Such 
                regulations shall provide that notification be sent to 
                the sponsor's last known address by certified mail.
            (2) Action against sponsor.--If within 45 days after 
        requesting reimbursement, the appropriate Federal, State, or 
        local agency has not received a response from the sponsor 
        indicating a willingness to make payments, an action may be 
        brought against the sponsor pursuant to the affidavit of 
        support.
            (3) Failure to meet repayment terms.--If the sponsor agrees 
        to make payments, but fails to abide by the repayment terms 
        established by the agency, the agency may, within 60 days of 
        such failure, bring an action against the sponsor pursuant to 
        the affidavit of support.
    (e) Jurisdiction.--
            (1) In general.--An action to enforce an affidavit of 
        support executed under subsection (a) may be brought against 
        the sponsor in any appropriate court--
                    (A) by a sponsored individual, with respect to 
                financial support; or
                    (B) by a Federal, State, or local agency, with 
                respect to reimbursement.
            (2) Court may not decline to hear case.--For purposes of 
        this section, no appropriate court shall decline for lack of 
        subject matter or personal jurisdiction to hear any action 
        brought against a sponsor under paragraph (1) if--
                    (A) the sponsored individual is a resident of the 
                State in which the court is located, or received public 
                assistance while residing in the State; and
                    (B) such sponsor has received service of process in 
                accordance with applicable law.
    (f) Definitions.--For purposes of this section--
            (1) Sponsor.--The term ``sponsor'' means an individual 
        who--
                    (A) is a United States citizen or national or an 
                alien who is lawfully admitted to the United States for 
                permanent residence;
                    (B) is at least 18 years of age;
                    (C) is domiciled in any of the several States of 
                the United States, the District of Columbia, or any 
                territory or possession of the United States; and
                    (D) demonstrates the means to maintain an annual 
                income equal to at least 125 percent of the Federal 
                poverty line for the individual and the individual's 
                family (including the sponsored alien and any other 
                alien sponsored by the individual), through evidence 
                that includes a copy of the individual's Federal income 
                tax return for the 3 most recent taxable years (which 
                returns need show such level of annual income only in 
                the most recent taxable year) and a written statement, 
                executed under oath or as permitted under penalty of 
                perjury under section 1746 of title 28, United States 
                Code, that the copies are true copies of such returns.
        In the case of an individual who is on active duty (other than 
        active duty for training) in the Armed Forces of the United 
        States, subparagraph (D) shall be applied by substituting ``100 
        percent'' for ``125 percent''.
            (2) Federal poverty line.--The term ``Federal poverty 
        line'' means the level of income equal to the official poverty 
        line (as defined by the Director of the Office of Management 
        and Budget, as revised annually by the Secretary of Health and 
        Human Services, in accordance with section 673(2) of the 
        Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902)) 
        that is applicable to a family of the size involved.
            (3) Qualifying quarter.--The term ``qualifying quarter'' 
        means a three-month period in which the sponsored individual 
        has--
                    (A) earned at least the minimum necessary for the 
                period to count as one of the 40 quarters required to 
                qualify for social security retirement benefits;
                    (B) not received need-based public assistance; and
                    (C) had income tax liability for the tax year of 
                which the period was part.
            (4) Appropriate court.--The term ``appropriate court'' 
        means--
                            (A) a Federal court, in the case of an 
                        action for reimbursement of benefits provided 
                        or funded, in whole or in part, by the Federal 
                        Government; and
                            (B) a State court, in the case of an action 
                        for reimbursement of benefits provided under a 
                        State or local program of assistance.
    (g) Sponsor's Social Security Account Number Required To Be 
Provided.--(1) Each affidavit of support shall include the social 
security account number of the sponsor.
    (2) The Attorney General shall develop an automated system to 
maintain the data of social security account numbers provided under 
paragraph (1).
    (3) The Attorney General shall submit an annual report to the 
Congress setting forth for the most recent fiscal year for which data 
are available--
            (A) the number of sponsors under this section and the 
        number of sponsors in compliance with the financial obligations 
        of this section; and
            (B) a comparison of the data set forth under subparagraph 
        (A) with similar data for the preceding fiscal year.

SEC. 204. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO FAMILY-
              SPONSORED IMMIGRANTS.

    (a) Deeming Requirement for Federal and Federally Funded 
Programs.--Subject to subsection (d), for purposes of determining the 
eligibility of an alien for benefits, and the amount of benefits, under 
any Federal program of assistance, or any program of assistance funded 
in whole or in part by the Federal Government, for which eligibility 
for benefits is based on need, the income and resources described in 
subsection (b) shall, notwithstanding any other provision of law, 
except as provided in section 204(f), be deemed to be the income and 
resources of such alien.
    (b) Deemed Income and Resources.--The income and resources 
described in this subsection include the income and resources of--
            (1) any person who, as a sponsor of an alien's entry into 
        the United States, or in order to enable an alien lawfully to 
        remain in the United States, executed an affidavit of support 
        or similar agreement with respect to such alien, and
            (2) the sponsor's spouse.
    (c) Length of Deeming Period.--The requirement of subsection (a) 
shall apply for the period for which the sponsor has agreed, in such 
affidavit or agreement, to provide support for such alien, or for a 
period of 5 years beginning on the day such alien was first lawfully in 
the United States after the execution of such affidavit or agreement, 
whichever period is longer.
    (d) Exceptions.--
            (1) Indigence.--
                    (A) In general.--If a determination described in 
                subparagraph (B) is made, the amount of income and 
                resources of the sponsor or the sponsor's spouse which 
                shall be attributed to the sponsored alien shall not 
                exceed the amount actually provided for a period--
                            (i) beginning on the date of such 
                        determination and ending 12 months after such 
                        date, or
                            (ii) if the address of the sponsor is 
                        unknown to the sponsored alien, beginning on 
                        the date of such determination and ending on 
                        the date that is 12 months after the address of 
                        the sponsor becomes known to the sponsored 
                        alien or to the agency (which shall inform such 
                        alien of the address within 7 days).
                    (B) Determination described.--A determination 
                described in this subparagraph is a determination by an 
                agency that a sponsored alien would, in the absence of 
                the assistance provided by the agency, be unable to 
                obtain food and shelter, taking into account the 
                alien's own income, plus any cash, food, housing, or 
                other assistance provided by other individuals, 
                including the sponsor.
            (2) Education assistance.--
                    (A) In general.--The requirements of subsection (a) 
                shall not apply with respect to sponsored aliens who 
                have received, or have been approved to receive, 
                student assistance under title IV, V, IX, or X of the 
                Higher Education Act of 1965 in an academic year which 
                ends or begins in the calendar year in which this Act 
                is enacted.
                    (B) Duration.--The exception described in 
                subparagraph (A) shall apply only for the period 
                normally required to complete the course of study for 
                which the sponsored alien receives assistance described 
                in that subparagraph.
            (3) Certain services and assistance.--The requirements of 
        subsection (a) shall not apply to any service or assistance 
        described in clause (iv) or (vi) of section 201(a)(1)(A).
    (e) Deeming Authority to State and Local Agencies.--
            (1) In general.--Notwithstanding any other provision of 
        law, but subject to exceptions equivalent to the exceptions 
        described in subsection (d), the State or local government may, 
        for purposes of determining the eligibility of an alien for 
        benefits, and the amount of benefits, under any State or local 
        program of assistance for which eligibility is based on need, 
        or any need-based program of assistance administered by a State 
        or local government (other than a program of assistance 
        provided or funded, in whole or in part, by the Federal 
        Government), require that the income and resources described in 
        subsection (b) be deemed to be the income and resources of such 
        alien.
            (2) Length of deeming period.--Subject to exceptions 
        equivalent to the exceptions described in subsection (d), a 
        State or local government may impose the requirement described 
        in paragraph (1) for the period for which the sponsor has 
        agreed, in such affidavit or agreement, to provide support for 
        such alien, or for a period of 5 years beginning on the day 
        such alien was first lawfully in the United States after the 
        execution of such affidavit or agreement, whichever period is 
        longer.
    (f) Special Rule for Battered Women and Children.--Notwithstanding 
any other provision of law, subsection (a) shall not apply--
            (1) for up to 48 months if the alien can demonstrate that 
        (A) the alien has been battered or subjected to extreme cruelty 
        in the United States by a spouse or a parent, or by a member of 
        the spouse or parent's family residing in the same household as 
        the alien and the spouse or parent consented to or acquiesced 
        to such battery or cruelty, or (B) the alien's child has been 
        battered or subjected to extreme cruelty in the United States 
        by the spouse or parent of the alien (without the active 
        participation of the alien in the battery or cruelty), or by a 
        member of the spouse's or parent's family residing in the same 
        household as the alien when the spouse or parent consented or 
        acquiesced to and the alien did not actively participate in 
        such battery or cruelty, and the battery or cruelty described 
        in clause (i) or (ii) has a causal relationship to the need for 
        the public benefits applied; and
            (2) for more than 48 months if the alien can demonstrate 
        that such battery or cruelty under paragraph (1) is ongoing, 
        has led to the issuance of an order of a judge or 
        administrative law judge or a prior determination of the 
        Service and that such battery or cruelty has a causal 
        relationship to the need for the benefits received.

SEC. 205. VERIFICATION OF STUDENT ELIGIBILITY FOR POSTSECONDARY FEDERAL 
              STUDENT FINANCIAL ASSISTANCE.

    (a) Report Requirement.--Not later than one year after the date of 
the enactment of this Act, the Secretary of Education and the 
Commissioner of Social Security shall jointly submit to the Congress a 
report on the computer matching program of the Department of Education 
under section 484(p) of the Higher Education Act of 1965.
    (b) Report Elements.--The report shall include the following:
            (1) An assessment by the Secretary and the Commissioner of 
        the effectiveness of the computer matching program, and a 
        justification for such assessment.
            (2) The ratio of inaccurate matches under the program to 
        successful matches.
            (3) Such other information as the Secretary and the 
        Commissioner jointly consider appropriate.

SEC. 206. AUTHORITY OF STATES AND LOCALITIES TO LIMIT ASSISTANCE TO 
              ALIENS AND TO DISTINGUISH AMONG CLASSES OF ALIENS IN 
              PROVIDING GENERAL PUBLIC ASSISTANCE.

    (a) In General.--Subject to subsection (b) and notwithstanding any 
other provision of law, a State or local government may prohibit or 
otherwise limit or restrict the eligibility of aliens or classes of 
aliens for programs of general cash public assistance furnished under 
the law of the State or a political subdivision of a State.
    (b) Limitation.--The authority provided for under subsection (a) 
may be exercised only to the extent that any prohibitions, limitations, 
or restrictions imposed by a State or local government are not more 
restrictive than the prohibitions, limitations, or restrictions imposed 
under comparable Federal programs. For purposes of this section, 
attribution to an alien of a sponsor's income and resources (as 
described in section 204(b)) for purposes of determining eligibility 
for, and the amount of, benefits shall be considered less restrictive 
than a prohibition of eligibility for such benefits.

SEC. 207. INCREASED MAXIMUM CRIMINAL PENALTIES FOR FORGING OR 
              COUNTERFEITING SEAL OF A FEDERAL DEPARTMENT OR AGENCY TO 
              FACILITATE BENEFIT FRAUD BY AN UNLAWFUL ALIEN.

    Section 506 of title 18, United States Code, is amended to read as 
follows:
``Sec. 506. Seals of departments or agencies
    ``(a) Whoever--
            ``(1) falsely makes, forges, counterfeits, mutilates, or 
        alters the seal of any department or agency of the United 
        States, or any facsimile thereof;
            ``(2) knowingly uses, affixes, or impresses any such 
        fraudulently made, forged, counterfeited, mutilated, or altered 
        seal or facsimile thereof to or upon any certificate, 
        instrument, commission, document, or paper of any description; 
        or
            ``(3) with fraudulent intent, possesses, sells, offers for 
        sale, furnishes, offers to furnish, gives away, offers to give 
        away, transports, offers to transport, imports, or offers to 
        import any such seal or facsimile thereof, knowing the same to 
        have been so falsely made, forged, counterfeited, mutilated, or 
        altered,
shall be fined under this title, or imprisoned not more than 5 years, 
or both.
    ``(b) Notwithstanding subsection (a) or any other provision of law, 
if a forged, counterfeited, mutilated, or altered seal of a department 
or agency of the United States, or any facsimile thereof, is--
            ``(1) so forged, counterfeited, mutilated, or altered;
            ``(2) used, affixed, or impressed to or upon any 
        certificate, instrument, commission, document, or paper of any 
        description; or
            ``(3) with fraudulent intent, possessed, sold, offered for 
        sale, furnished, offered to furnish, given away, offered to 
        give away, transported, offered to transport, imported, or 
        offered to import,
with the intent or effect of facilitating an unlawful alien's 
application for, or receipt of, a Federal benefit, the penalties which 
may be imposed for each offense under subsection (a) shall be two times 
the maximum fine, and 3 times the maximum term of imprisonment, or 
both, that would otherwise be imposed for an offense under subsection 
(a).
    ``(c) For purposes of this section--
            ``(1) the term `Federal benefit' means--
                    ``(A) the issuance of any grant, contract, loan, 
                professional license, or commercial license provided by 
                any agency of the United States or by appropriated 
                funds of the United States; and
                    ``(B) any retirement, welfare, Social Security, 
                health (including treatment of an emergency medical 
                condition in accordance with section 1903(v) of the 
                Social Security Act (19 U.S.C. 1396b(v))), disability, 
                veterans, public housing, education, food stamps, or 
                unemployment benefit, or any similar benefit for which 
                payments or assistance are provided by an agency of the 
                United States or by appropriated funds of the United 
                States;
            ``(2) the term `unlawful alien' means an individual who is 
        not--
                    ``(A) a United States citizen or national;
                    ``(B) an alien lawfully admitted for permanent 
                residence under the Immigration and Nationality Act;
                    ``(C) an alien granted asylum under section 208 of 
                such Act;
                    ``(D) a refugee admitted under section 207 of such 
                Act;
                    ``(E) an alien whose deportation has been withheld 
                under section 243(h) of such Act; or
                    ``(F) an alien paroled into the United States under 
                section 215(d)(5) of such Act for a period of at least 
                1 year; and
            ``(3) each instance of forgery, counterfeiting, mutilation, 
        or alteration shall constitute a separate offense under this 
        section.''.

SEC. 208. STATE OPTION UNDER THE MEDICAID PROGRAM TO PLACE ANTI-FRAUD 
              INVESTIGATORS IN HOSPITALS.

    (a) In General.--Section 1902(a) of the Social Security Act (42 
U.S.C. 1396a(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (61);
            (2) by striking the period at the end of paragraph (62) and 
        inserting ``; and''; and
            (3) by adding after paragraph (62) the following new 
        paragraph:
            ``(63) in the case of a State that is certified by the 
        Attorney General as a high illegal immigration State (as 
        determined by the Attorney General), at the election of the 
        State, establish and operate a program for the placement of 
        anti-fraud investigators in State, county, and private 
        hospitals located in the State to verify the immigration status 
        and income eligibility of applicants for medical assistance 
        under the State plan prior to the furnishing of medical 
        assistance.''.
    (b) Payment.--Section 1903 of the Social Security Act (42 U.S.C. 
1396b) is amended--
            (1) by striking ``plus'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; plus''; and
            (3) by adding at the end the following new paragraph:
            ``(8) an amount equal to the Federal medical assistance 
        percentage (as defined in section 1905(b)) of the total amount 
        expended during such quarter which is attributable to operating 
        a program under section 1902(a)(63).''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect on the first day of the first calendar quarter 
beginning after the date of the enactment of this Act.

SEC. 209. COMPUTATION OF TARGETED ASSISTANCE.

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

                  Subtitle B--Miscellaneous Provisions

SEC. 211. REIMBURSEMENT OF STATES AND LOCALITIES FOR EMERGENCY MEDICAL 
              ASSISTANCE FOR CERTAIN ILLEGAL ALIENS.

    (a) Reimbursement.--The Attorney General shall, subject to the 
availability of appropriations, fully reimburse the States and 
political subdivisions of the States for costs incurred by the States 
and political subdivisions for emergency ambulance service provided to 
any alien who--
            (1) entered the United States without inspection or at any 
        time or place other than as designated by the Attorney General;
            (2) is under the custody of a State or a political 
        subdivision of a State as a result of transfer or other action 
        by Federal authorities; and
            (3) is being treated for an injury suffered while crossing 
        the international border between the United States and Mexico 
        or between the United States and Canada.
    (b) Statutory Construction.--Nothing in this section requires that 
the alien be arrested by Federal authorities before entering into the 
custody of the State or political subdivision.
    (c) Authorization of Appropriations.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated to the Attorney General such sums as may be 
        necessary to carry out the provisions of this section.
            (2) Statutory construction.--Nothing in this Act may be 
        construed to prevent the Attorney General from seeking 
        reimbursement from an alien described in subsection (a) for the 
        costs of the emergency medical services provided to the alien.

SEC. 212. TREATMENT OF EXPENSES SUBJECT TO EMERGENCY MEDICAL SERVICES 
              EXCEPTION.

    (a) In General.--Subject to such amounts as are provided in advance 
in appropriation Acts, each State or local government that provides 
emergency medical services through a public hospital, other public 
facility, or other facility (including a hospital that is eligible for 
an additional payment adjustment under section 1886(d)(5)(F) or section 
1923 of the Social Security Act), or through contract with another 
hospital or facility, to an individual who is an alien not lawfully 
present in the United States, is entitled to receive payment from the 
Federal Government for its costs of providing such services, but only 
to the extent that the costs of the State or local government are not 
fully reimbursed through any other Federal program and cannot be 
recovered from the alien or other entity.
    (b) Confirmation of Immigration Status.--No payment shall be made 
under this section with respect to services furnished to aliens 
described in subsection (a) unless the State or local government 
establishes that it has provided services to such aliens in accordance 
with procedures established by the Secretary of Health and Human 
Services, after consultation with the Attorney General and State and 
local officials.
    (c) Administration.--This section shall be administered by the 
Attorney General, in consultation with the Secretary of Health and 
Human Services.
    (d) Effective Date.--This section shall not apply to emergency 
medical services furnished before October 1, 1995.

SEC. 213. PILOT PROGRAMS.

    (a) Additional Commuter Border Crossing Fees Pilot Projects.--In 
addition to the land border fee pilot projects extended by the fourth 
proviso under the heading `` Immigration and Naturalization Service, 
Salaries and Expenses'' of Public Law 103-121, the Attorney General may 
establish another such pilot project on the northern land border and 
another such pilot project on the southern land border of the United 
States.
    (b) Automated Permit Pilot Projects.--The Attorney General and the 
Commissioner of Customs are authorized to conduct pilot projects to 
demonstrate--
            (1) the feasibility of expanding port of entry hours at 
        designated ports of entry on the United States-Canada border; 
        or
            (2) the use of designated ports of entry after working 
        hours through the use of card reading machines or other 
        appropriate technology.

SEC. 214. USE OF PUBLIC SCHOOLS BY NONIMMIGRANT FOREIGN STUDENTS.

    (a) Persons Eligible for Student Visas.--Section 101(a)(15)(F) (8 
U.S.C. 1101(a)(15)(F)) is amended--
            (1) in clause (i) by striking ``academic high school, 
        elementary school, or other academic institution or in a 
        language training program'' and inserting in lieu thereof 
        ``public elementary or public secondary school (if the alien 
        shows to the satisfaction of the consular officer at the time 
        of application for a visa, or of the Attorney General at the 
        time of application for admission or adjustment of status, that 
        (I) the alien will in fact reimburse such public elementary or 
        public secondary school for the full, unsubsidized per-capita 
        cost of providing education at such school to an individual 
        pursuing such a course of study, or (II) the school waives such 
        reimbursement), private elementary or private secondary school, 
        or postsecondary academic institution, or in a language-
        training program''; and
            (2) by inserting before the semicolon at the end of clause 
        (ii) the following: ``: Provided, That nothing in this 
        paragraph shall be construed to prevent a child who is present 
        in the United States in a nonimmigrant status other than that 
        conferred by paragraph (B), (C), (F)(i), or (M)(i), from 
        seeking admission to a public elementary school or public 
        secondary school for which such child may otherwise be 
        qualified'';
    (b) Exclusion of Student Visa Abusers.--Section 212(a) (8 U.S.C. 
1182(a)) is amended by adding at the end the following new paragraph:
            ``(9) Student visa abusers.--Any alien described in section 
        101(a)(15)(F) who is admitted as a student for study at a 
        private elementary school or private secondary school and who 
        does not remain enrolled, throughout the duration of his or her 
        elementary or secondary school education in the United States, 
        at either (A) such a private school, or (B) a public elementary 
        or public secondary school (if (I) the alien is in fact 
        reimbursing such public elementary or public secondary school 
        for the full, unsubsidized per-capita cost of providing 
        education at such school to an individual pursuing such a 
        course of study, or (II) the school waives such reimbursement) 
        is excludable.''.
    (c) Deportation of Student Visa Abusers.--Section 241(a) (8 U.S.C. 
1251(a)) is amended by adding at the end the following new paragraph:
            ``(6) Student visa abusers.--Any alien described in section 
        101(a)(15)(F) who is admitted as a student for study at a 
        private elementary school or private secondary school and who 
        does not remain enrolled, throughout the duration of his or her 
        elementary or secondary school education in the United States, 
        at either (A) such a private school, or (B) a public elementary 
        or public secondary school (if (I) the alien is in fact 
        reimbursing such public elementary or public secondary school 
        for the full, unsubsidized per-capita cost of providing 
        education at such school to an individual pursing such a course 
        of study, or (II) the school waives such reimbursement), is 
        deportable.''.
    (d) Effective Date.--This section shall become effective 1 day 
after the date of enactment.

SEC. 215. PILOT PROGRAM TO COLLECT INFORMATION RELATING TO NONIMMIGRANT 
              FOREIGN STUDENTS.

    (a) In General.--(1) The Attorney General and the Secretary of 
State shall jointly develop and conduct a pilot program to collect 
electronically from approved colleges and universities in the United 
States the information described in subsection (c) with respect to 
aliens who--
            (A) have the status, or are applying for the status, of 
        nonimmigrants under section 101(a)(15) (F), (J), or (M) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15) (F), (J), 
        or (M)); and
            (B) are nationals of the countries designated under 
        subsection (b).
    (2) The pilot program shall commence not later than January 1, 
1998.
    (b) Covered Countries.--The Attorney General and the Secretary of 
State shall jointly designate countries for purposes of subsection 
(a)(1)(B). The Attorney General and the Secretary shall initially 
designate not less than five countries and may designate additional 
countries at any time while the pilot program is being conducted.
    (c) Information to be Collected.--
            (1) In general.--The information for collection under 
        subsection (a) consists of--
                    (A) the identity and current address in the United 
                States of the alien;
                    (B) the nonimmigrant classification of the alien 
                and the date on which a visa under the classification 
                was issued or extended or the date on which a change to 
                such classification was approved by the Attorney 
                General; and
                    (C) the academic standing of the alien, including 
                any disciplinary action taken by the college or 
                university against the alien as a result of the alien's 
                being convicted of a crime.
            (2) FERPA.--The Family Educational Rights and Privacy Act 
        of 1974 (20 U.S.C. 1232g) shall not apply to aliens described 
        in subsection (a) to the extent that the Attorney General and 
        the Secretary of State determine necessary to carry out the 
        pilot program.
    (d) Participation by Colleges and Universities.--(1) The 
information specified in subsection (c) shall be provided by approved 
colleges and universities as a condition of--
            (A) the continued approval of the colleges and universities 
        under section 101(a)(15) (F) or (M) of the Immigration and 
        Nationality Act, or
            (B) the issuance of visas to aliens for purposes of 
        studying, or otherwise participating, at such colleges and 
        universities in a program under section 101(a)(15)(J) of such 
        Act.
    (2) If an approved college or university fails to provide the 
specified information, such approvals and such issuance of visas shall 
be revoked or denied.
    (e) Funding.--(1) The Attorney General and the Secretary shall use 
funds collected under section 281(b) of the Immigration and Nationality 
Act, as added by this subsection, to pay for the costs of carrying out 
this section.
    (2) Section 281 of the Immigration and Nationality Act (8 U.S.C. 
1351) is amended--
            (A) by inserting ``(a)'' after ``SEC. 281.''; and
            (B) by adding at the end the following:
    ``(b)(1) In addition to fees that are prescribed under subsection 
(a), the Secretary of State shall impose and collect a fee on all visas 
issued under the provisions of section 101(a)(15) (F), (J), or (M) of 
the Immigration and Nationality Act. With respect to visas issued under 
the provisions of section 101(a)(15)(J), this subsection shall not 
apply to those `J' visa holders whose presence in the United States is 
sponsored by the United States Government.
    ``(2) The Attorney General shall impose and collect a fee on all 
changes of nonimmigrant status under section 248 to such 
classifications. This subsection shall not apply to those `J' visa 
holders whose presence in the United States is sponsored by the United 
States Government.
    ``(3) Except as provided in section 205(g)(2) of the Immigration 
Reform Act of 1996, the amount of the fees imposed and collected under 
paragraphs (1) and (2) shall be the amount which the Attorney General 
and the Secretary jointly determine is necessary to recover the costs 
of conducting the information-collection program described in 
subsection (a), but may not exceed $100.
    ``(4) Funds collected under paragraph (1) shall be available to the 
Attorney General and the Secretary, without regard to appropriation 
Acts and without fiscal year limitation, to supplement funds otherwise 
available to the Department of Justice and the Department of State, 
respectively.''.
    (3) The amendments made by paragraphs (1) and (2) shall become 
effective April 1, 1997.
    (f) Joint Report.--Not later than five years after the commencement 
of the pilot program established under subsection (a), the Attorney 
General and the Secretary of State shall jointly submit to the 
Committees on the Judiciary of the United States Senate and House of 
Representatives on the operations of the pilot program and the 
feasibility of expanding the program to cover the nationals of all 
countries.
    (g) Worldwide Applicability of the Program.--(1)(A) Not later than 
six months after the submission of the report required by subsection 
(f), the Secretary of State and the Attorney General shall jointly 
commence expansion of the pilot program to cover the nationals of all 
countries.
    (B) Such expansion shall be completed not later than one year after 
the date of the submission of the report referred to in subsection (f).
    (2) After the program has been expanded, as provided in paragraph 
(1), the Attorney General and the Secretary of State may, on a periodic 
basis, jointly revise the amount of the fee imposed and collected under 
section 281(b) of the Immigration and Nationality Act in order to take 
into account changes in the cost of carrying out the program.
    (h) Definition.--As used in this section, the phrase ``approved 
colleges and universities'' means colleges and universities approved by 
the Attorney General, in consultation with the Secretary of Education, 
under subparagraph (F), (J), or (M) of section 101(a)(15) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).

SEC. 216. FALSE CLAIMS OF UNITED STATES CITIZENSHIP.

    (a) Exclusion of Aliens Who Have Falsely Claimed United States 
Citizenship.--Section 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended by 
adding at the end the following new subparagraph:
                    ``(D) Falsely claiming citizenship.--Any alien who 
                falsely represents, or has falsely represented, himself 
                to be a citizen of the United States is excludable.''.
    (b) Deportation of Aliens Who Have Falsely Claimed United States 
Citizenship.--Section 241(a) (8 U.S.C. 1251(a)) is amended by adding at 
the end the following new paragraph:
            ``(6) Falsely claiming citizenship.--Any alien who falsely 
        represents, or has falsely represented, himself to be a citizen 
        of the United States is deportable.''.

SEC. 217. VOTING BY ALIENS.

    (a) Criminal Penalty for Voting by Aliens in Federal Election.--
Title 18, United States Code, is amended by adding the following new 
section:
``Sec. 611. Voting by aliens
    ``(a) It shall by unlawful for any alien to vote in any election 
held solely or in part for the purpose of electing a candidate for the 
office of President, Vice President, Presidential elector, Member of 
the Senate, Member of the House of Representatives, Delegate from the 
District of Columbia, or Resident Commissioner, unless--
            ``(1) the election is held partly for some other purpose;
            ``(2) aliens are authorized to vote for such other purpose 
        under a State constitution or statute or a local ordinance; and
            ``(3) voting for such other purpose is conducted 
        independently of voting for a candidate for such Federal 
        offices, in such a manner that an alien has the opportunity to 
        vote for such other purpose, but not an opportunity to vote for 
        a candidate for any one or more of such Federal offices.
    ``(b) Any person who violates this section shall be fined not more 
than $5,000 or imprisoned not more than one year or both.''.
    (b) Exclusion of Aliens Who Have Unlawfully Voted.--Section 212(a) 
(8 U.S.C. 1182(a)) is amended by adding at the end the following new 
paragraph:
            ``(9) Unlawful voters.--Any alien who has voted in 
        violation of any Federal, State, or local constitutional 
        provision, statute, ordinance, or regulation is excludable.''.
    (c) Deportation of Aliens Who Have Unlawfully Voted.--Section 
241(a) (8 U.S.C. 1251(a)) is amended by adding at the end the following 
new paragraph:
            ``(6) Unlawful voters.--Any alien who has voted in 
        violation of any Federal, State, or local constitutional 
        provision, statute, ordinance, or regulation is deportable.''.

SEC. 218. EXCLUSION GROUNDS FOR OFFENSES OF DOMESTIC VIOLENCE, 
              STALKING, CRIMES AGAINST CHILDREN, AND CRIMES OF SEXUAL 
              VIOLENCE.

    (a) In General.--Section 241(a)(2) (8 U.S.C. 1251(a)(2)) is amended 
by adding at the end the following:
                    ``(E) Domestic violence, violation of protection 
                order, crimes against children and stalking.--(i) Any 
                alien who at any time after entry is convicted of a 
                crime of domestic violence is deportable.
                    ``(ii) Any alien who at any time after entry 
                engages in conduct that violates the portion of a 
                protection order that involves protection against 
                credible threats of violence, repeated harassment, or 
                bodily injury to the person or persons for whom the 
                protection order was issued is deportable.
                    ``(iii) Any alien who at any time after entry is 
                convicted of a crime of stalking is deportable.
                    ``(iv) Any alien who at any time after entry is 
                convicted of a crime of child abuse, child sexual 
                abuse, child neglect, or child abandonment is 
                deportable.
                    ``(F) Crimes of sexual violence.--Any alien who at 
                any time after entry is convicted of a crime of rape, 
                aggravated sodomy, aggravated sexual abuse, sexual 
                abuse, abusive sexual contact, or other crime of sexual 
                violence is deportable.''.
    (b) Definitions.--Section 101(a) (8 U.S.C. 1101(a)) is amended by 
adding at the end the following new paragraphs:
    ``(47) The term `crime of domestic violence' means any felony or 
misdemeanor crime of violence committed by a current or former spouse 
of the victim, by a person with whom the victim shares a child in 
common, by a person who is cohabiting with or has cohabited with the 
victim as a spouse, by a person similarly situated to a spouse of the 
victim under the domestic or family violence laws of the jurisdiction 
where the offense occurs, or by any other adult person against a victim 
who is protected from that person's acts under the domestic or family 
violence laws of the United States or any State, Indian tribal 
government, or unit of local government.
    ``(48) The term `protection order' means any injunction issued for 
the purpose of preventing violent or threatening acts of domestic 
violence, including temporary or final orders issued by civil or 
criminal courts (other than support or child custody orders or 
provisions) whether obtained by filing an independent action or as a 
pendente lite order in another proceeding.''.
    (c) Effective Date.--This section will become effective one day 
after the date of enactment of the Act.

                     Subtitle C--Housing Assistance

SEC. 221. SHORT TITLE.

    This subtitle may be cited as the ``Use of Assisted Housing by 
Aliens Act of 1996''.

SEC. 222. PRORATING OF FINANCIAL ASSISTANCE.

    Section 214(b) of the Housing and Community Development Act of 1980 
(42 U.S.C. 1436a(b)) is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) If the eligibility for financial assistance of at least one 
member of a family has been affirmatively established under the program 
of financial assistance and under this section, and the ineligibility 
of one or more family members has not been affirmatively established 
under this section, any financial assistance made available to that 
family by the Secretary of Housing and Urban Development shall be 
prorated, based on the number of individuals in the family for whom 
eligibility has been affirmatively established under the program of 
financial assistance and under this section, as compared with the total 
number of individuals who are members of the family.''.

SEC. 223. ACTIONS IN CASES OF TERMINATION OF FINANCIAL ASSISTANCE.

    Section 214(c)(1) of the Housing and Community Development Act of 
1980 (42 U.S.C. 1436a(c)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``may, in its discretion,'' and inserting ``shall'';
            (2) in subparagraph (A), by adding at the end the 
        following: ``Financial assistance continued under this 
        subparagraph for a family may be provided only on a prorated 
        basis, under which the amount of financial assistance is based 
        on the percentage of the total number of members of the family 
        that are eligible for that assistance under the program of 
        financial assistance and under this section.''; and
            (3) in subparagraph (B)--
                    (A) by striking ``6-month period'' and all that 
                follows through the end of the subparagraph and 
                inserting ``single 3-month period.'';
                    (B) by inserting ``(i)'' after ``(B)'';
                    (C) by striking ``Any deferral'' and inserting the 
                following:
                    ``(ii) Except as provided in clause (iii) and 
                subject to clause (iv), any deferral''; and
                    (D) by adding at the end the following new clauses:
                    ``(iii) The time period described in clause (ii) 
                shall not apply in the case of a refugee under section 
                207 of the Immigration and Nationality Act or an 
                individual seeking asylum under section 208 of that 
                Act.
                    ``(iv) The time period described in clause (ii) 
                shall be extended for a period of 1 month in the case 
                of any individual who is provided, upon request, with a 
                hearing under this section.''.

SEC. 224. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY FOR 
              FINANCIAL ASSISTANCE.

    Section 214(d) of the Housing and Community Development Act of 1980 
(42 U.S.C. 1436a(d)) is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``or to be'' after ``being'';
            (2) in paragraph (1)(A), by adding at the end the 
        following: ``If the declaration states that the individual is 
        not a citizen or national of the United States and that the 
        individual is younger than 62 years of age, the declaration 
        shall be verified by the Immigration and Naturalization 
        Service. If the declaration states that the individual is a 
        citizen or national of the United States, the Secretary of 
        Housing and Urban Development, or the agency administering 
        assistance covered by this section, may request verification of 
        the declaration by requiring presentation of documentation that 
        the Secretary considers appropriate, including a United States 
        passport, resident alien card, alien registration card, social 
        security card, or other documentation.'';
            (3) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``on the date of the enactment of the Housing 
                and Community Development Act of 1987'' and inserting 
                ``on the date of enactment of the Use of Assisted 
                Housing by Aliens Act of 1996 or applying for financial 
                assistance on or after that date''; and
                    (B) by adding at the end the following:
``In the case of an individual applying for financial assistance on or 
after the date of enactment of the Use of Assisted Housing by Aliens 
Act of 1996, the Secretary may not provide any such assistance for the 
benefit of that individual before documentation is presented and 
verified under paragraph (3) or (4).'';
            (4) in paragraph (4)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``on the date of the enactment of the Housing 
                and Community Development Act of 1987'' and inserting 
                ``on the date of enactment of the Use of Assisted 
                Housing by Aliens Act of 1996 or applying for financial 
                assistance on or after that date'';
                    (B) in subparagraph (A)--
                            (i) in clause (i)--
                                    (I) by inserting ``, not to exceed 
                                30 days,'' after ``reasonable 
                                opportunity''; and
                                    (II) by striking ``and'' at the 
                                end; and
                            (ii) by striking clause (ii) and inserting 
                        the following:
                            ``(ii) in the case of any individual 
                        receiving assistance on the date of enactment 
                        of the Use of Assisted Housing by Aliens Act of 
                        1996, may not delay, deny, reduce, or terminate 
                        the eligibility of that individual for 
                        financial assistance on the basis of the 
                        immigration status of that individual until the 
                        expiration of that 30-day period; and
                            ``(iii) in the case of any individual 
                        applying for financial assistance on or after 
                        the date of enactment of the Use of Assisted 
                        Housing by Aliens Act of 1996, may not deny the 
                        application for such assistance on the basis of 
                        the immigration status of that individual until 
                        the expiration of that 30-day period; and''; 
                        and
                    (C) in subparagraph (B), by striking clause (ii) 
                and inserting the following:
                            ``(ii) pending such verification or appeal, 
                        the Secretary may not--
                                    ``(I) in the case of any individual 
                                receiving assistance on the date of 
                                enactment of the Use of Assisted 
                                Housing by Aliens Act of 1996, delay, 
                                deny, reduce, or terminate the 
                                eligibility of that individual for 
                                financial assistance on the basis of 
                                the immigration status of that 
                                individual; and
                                    ``(II) in the case of any 
                                individual applying for financial 
                                assistance on or after the date of 
                                enactment of the Use of Assisted 
                                Housing by Aliens Act of 1996, deny the 
                                application for such assistance on the 
                                basis of the immigration status of that 
                                individual; and'';
            (5) in paragraph (5), by striking ``status--'' and all that 
        follows through the end of the paragraph and inserting the 
        following: ``status, the Secretary shall--
                    ``(A) deny the application of that individual for 
                financial assistance or terminate the eligibility of 
                that individual for financial assistance, as 
                applicable; and
                    ``(B) provide to the individual written notice of 
                the determination under this paragraph and the right to 
                a fair hearing process.''; and
            (6) by striking paragraph (6) and inserting the following:
            ``(6) The Secretary shall terminate the eligibility for 
        financial assistance of an individual and the members of the 
        household of the individual, for a period of not less than 24 
        months, upon determining that such individual has knowingly 
        permitted another individual who is not eligible for such 
        assistance to reside in the public or assisted housing unit of 
        the individual. This provision shall not apply to a family if 
        the ineligibility of the ineligible individual at issue was 
        considered in calculating any proration of assistance provided 
        for the family.''.

SEC. 225. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING FINANCIAL 
              ASSISTANCE ELIGIBILITY DETERMINATIONS.

    Section 214(e) of the Housing and Community Development Act of 1980 
(42 U.S.C. 1436a(e)) is amended--
            (1) in paragraph (2), by adding ``or'' at the end;
            (2) in paragraph (3), by adding at the end the following: 
        ``the response from the Immigration and Naturalization Service 
        to the appeal of that individual.''; and
            (3) by striking paragraph (4).

SEC. 226. ELIGIBILITY FOR PUBLIC AND ASSISTED HOUSING.

    Section 214 of the Housing and Community Development Act of 1980 
(42 U.S.C. 1436a) is amended by adding at the end the following new 
subsection:
    ``(h) Verification of Eligibility.--
            ``(1) In general.--Except in the case of an election under 
        paragraph (2)(A), no individual or family applying for 
        financial assistance may receive such financial assistance 
        prior to the affirmative establishment and verification of 
        eligibility of that individual or family under this section by 
        the Secretary or other appropriate entity.
            ``(2) Rules applicable to public housing agencies.--A 
        public housing agency (as that term is defined in section 3 of 
        the United States Housing Act of 1937)--
                    ``(A) may elect not to comply with this section; 
                and
                    ``(B) in complying with this section--
                            ``(i) may initiate procedures to 
                        affirmatively establish or verify the 
                        eligibility of an individual or family under 
                        this section at any time at which the public 
                        housing agency determines that such eligibility 
                        is in question, regardless of whether or not 
                        that individual or family is at or near the top 
                        of the waiting list of the public housing 
                        agency;
                            ``(ii) may affirmatively establish or 
                        verify the eligibility of an individual or 
                        family under this section in accordance with 
                        the procedures set forth in section 274A(b)(1) 
                        of the Immigration and Nationality Act; and
                            ``(iii) shall have access to any relevant 
                        information contained in the SAVE system (or 
                        any successor thereto) that relates to any 
                        individual or family applying for financial 
                        assistance.
            ``(3) Eligibility of families.--For purposes of this 
        subsection, with respect to a family, the term `eligibility' 
        means the eligibility of each family member.''.

SEC. 227. REGULATIONS.

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

                      Subtitle D--Effective Dates

SEC. 231. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b) or as 
otherwise provided in this title, this title and the amendments made by 
this title shall take effect on the date of the enactment of this Act.
    (b) Benefits.--The provisions of sections 201 and 204 shall apply 
to benefits and to applications for benefits received on or after the 
date of the enactment of this Act.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. CHANGES REGARDING VISA APPLICATION PROCESS.

    (a) Nonimmigrant Applications.--Section 222(c) (8 U.S.C. 1202(c)) 
is amended--
            (1) by striking all that follows after ``United States;'' 
        through ``marital status;''; and
            (2) by adding at the end thereof the following: ``At the 
        discretion of the Secretary of State, application forms for the 
        various classes of nonimmigrant admissions described in section 
        101(a)(15) may vary according to the class of visa being 
        requested.''.
    (b) Disposition of Applications.--Section 222(e) (8 U.S.C. 1202(e)) 
is amended--
            (1) in the first sentence, by striking ``required by this 
        section'' and inserting ``for an immigrant visa''; and
            (2) in the third sentence--
                    (A) by inserting ``or other document'' after 
                ``stamp,''; and
                    (B) by striking ``by the consular officer''.

SEC. 302. VISA WAIVER PROGRAM.

    (a) Extension of Program.--Section 217(f) (8 U.S.C. 1187(f)) is 
amended by striking ``1996'' and inserting ``1998''.
    (b) Repeal of Probationary Program.--(1) Section 217(g) (8 U.S.C. 
1187(g)) is repealed.
    (2) A country designated as a pilot program country with 
probationary status under section 217(g) of the Immigration and 
Nationality Act (as in effect prior to the date of enactment of this 
Act) shall be subject to paragraphs (3) and (4) of that subsection as 
if such paragraphs were not repealed.
    (c) Duration and Termination of Designation of Pilot Program 
Countries.--Section 217, as amended by this section, is further amended 
by adding at the end the following:
    ``(g) Duration and Termination of Designation.--
            ``(1) Program countries.--(A) Upon determination by the 
        Attorney General that a visa waiver program country's 
        disqualification rate is 2 percent or more, the Attorney 
        General shall notify the Secretary of State.
            ``(B) If the program country's disqualification rate is 
        greater than 2 percent but less than 3.5 percent, the Attorney 
        General and the Secretary of State shall place the program 
        country in probationary status for a period not to exceed 3 
        full fiscal years following the year in which the designation 
        of the country as a pilot program country is made.
            ``(C) If the program country's disqualification rate is 3.5 
        percent or more, the Attorney General and the Secretary of 
        State, acting jointly, shall terminate the country's 
        designation effective at the beginning of the second fiscal 
        year following the fiscal year in which the determination is 
        made.
            ``(2) End of probationary status.--(A) If the Attorney 
        General and the Secretary of State, acting jointly, determine 
        at the end of the probationary period described in subparagraph 
        (B) that the program country's disqualification rate is less 
        than 2 percent, they shall redesignate the country as a program 
        country.
            ``(B) If the Attorney General and the Secretary of State, 
        acting jointly, determine at the end of the probationary period 
        described in subparagraph (B) that a visa waiver country has--
                    ``(i) failed to develop a machine readable passport 
                program as required by subparagraph (C) of subsection 
                (c)(2), or
                    ``(ii) has a disqualification rate of 2 percent or 
                more,
        then the Attorney General and the Secretary of State shall 
        jointly terminate the designation of the country as a visa 
        waiver program country, effective at the beginning of the first 
        fiscal year following the fiscal year in which in the 
        determination is made.
            ``(3) Discretionary termination.--Notwithstanding any other 
        provision of this section, the Attorney General and the 
        Secretary of State, acting jointly, may for any reason 
        (including national security or failure to meet any other 
        requirement of this section), at any time, rescind any waiver 
        under subsection (a) or terminate any designation under 
        subsection (c), effective upon such date as they shall jointly 
        determine.
            ``(4) Effective date of termination.--Nationals of a 
        country whose eligibility for the program is terminated by the 
        Attorney General and the Secretary of State, acting jointly, 
        may continue to have paragraph (7)(B)(i)(II) of section 212(a) 
        waived, as authorized by subsection (a), until the country's 
        termination of designation becomes effective as provided in 
        this subsection.
            ``(5) Nonapplicability of certain provisions.--Paragraphs 
        (1)(C) and (3) shall not apply unless the total number of 
        nationals of a designated country, as described in paragraph 
        (6)(A), is in excess of 100.
            ``(6) Definition.--For purposes of this subsection, the 
        term `disqualification rate' means the ratio of--
                    ``(A) the total number of nationals of the visa 
                waiver program country--
                            ``(i) who were excluded from admission or 
                        withdrew their application for admission during 
                        the most recent fiscal year for which data is 
                        available, and
                            ``(ii) who were admitted as nonimmigrant 
                        visitors during such fiscal year and who 
                        violated the terms of such admission, to
                    ``(B) the total number of nationals of that country 
                who applied for admission as nonimmigrant visitors 
                during such fiscal year.''.

SEC. 303. TECHNICAL AMENDMENT.

    Section 212(d)(11) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(11)) is amended by inserting a ``comma'' after ``(4) 
thereof)''.

SEC. 304. CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS FROM IMMIGRATION 
              CHECKPOINTS.

    (a) Findings.--Congress makes the following findings:
            (1) Immigration checkpoints are an important component of 
        the national strategy to prevent illegal immigration.
            (2) Individuals fleeing immigration checkpoints and leading 
        law enforcement officials on high speed vehicle chases endanger 
        law enforcement officers, innocent bystanders, and the fleeing 
        individuals themselves.
            (3) The pursuit of suspects fleeing immigration checkpoints 
        is complicated by overlapping jurisdiction among Federal, 
        State, and local law enforcement officers.
    (b) High Speed Flight from Border Checkpoints.--Chapter 35 of title 
18, United States Code, is amended by inserting the following new 
section:
``Sec. 758. High speed flight from immigration checkpoint
    ``(a) Whoever flees or evades a checkpoint operated by the 
Immigration and Naturalization Service or any other Federal law 
enforcement agency in a motor vehicle after entering the United States 
and flees Federal, State, or local law enforcement agents in excess of 
the legal speed limit shall be imprisoned not more than five years.''.
    (c) Grounds for Deportation.--Section 241(a)(2)(A) (8 U.S.C. 
1251(a)(2)(A)) of title 8, United States Code, is amended by inserting 
the following new subsection:
    ``(v) High Speed Flight.--Any alien who is convicted of high speed 
flight from a checkpoint (as defined by section 758(a) of chapter 35) 
is deportable.''.

SEC. 305. CHILDREN BORN ABROAD TO UNITED STATES CITIZEN MOTHERS; 
              TRANSMISSION REQUIREMENTS.

    (a) Amendments to Immigration and Nationality Act Technical 
Corrections Act of 1994.--Section 101(d) of the Immigration and 
Nationality Technical Corrections Act of 1994 (Public Law 103-416) is 
amended to read as follows:
    ``(d) Applicability of transmission requirements.--Notwithstanding 
this section and the amendments made by this section, any provision of 
law relating to residence or physical presence in the United States for 
purposes of transmitting United States citizenship shall apply to any 
person whose claim of citizenship is based on the amendment made by 
subsection (a), and to any person through whom such a claim of 
citizenship is derived.''.
    (b) Effective Date.--The amendment made by this section shall be 
deemed to have become effective as of the date of enactment of the 
Immigration and Nationality Technical Corrections Act of 1994.

SEC. 306. FEE FOR DIVERSITY IMMIGRANT LOTTERY.

    The Secretary of State may establish a fee to be paid by each 
immigrant issued a visa under subsection (c) of section 203 of the 
Immigration and Nationality Act (8 U.S.C. 1153(c)). Such fee may be set 
at a level so as to cover the full cost to the Department of State of 
administering that subsection, including the cost of processing all 
applications thereunder. All such fees collected shall be deposited as 
an offsetting collection to any Department of State appropriation and 
shall remain available for obligation until expended. The provisions of 
the Act of August 18, 1856 (Rev. Stat. 1726-28; 22 U.S.C. 4212-14), 
concerning accounting for consular fees, shall not apply to fees 
collected pursuant to this section.

SEC. 307. SUPPORT OF DEMONSTRATION PROJECTS FOR NATURALIZATION 
              CEREMONIES.

    (a) Findings.--The Congress makes the following findings:
            (1) American democracy performs best when the maximum 
        number of people subject to its laws participate in the 
        political process, at all levels of government.
            (2) Citizenship actively exercised will better assure that 
        individuals both assert their rights and fulfill their 
        responsibilities of membership within our political community, 
        thereby benefiting all citizens and residents of the United 
        States.
            (3) A number of private and charitable organizations assist 
        in promoting citizenship, and the Senate urges them to continue 
        to do so.
    (b) Demonstration Projects.--The Attorney General shall make 
available funds under this section, in each of 5 consecutive years 
(beginning with 1996), to the Immigration and Naturalization Service or 
to other public or private nonprofit entities to support demonstration 
projects under this section at 10 sites throughout the United States. 
Each such project shall be designed to provide for the administration 
of the oath of allegiance (under section 337(a) of the Immigration and 
Nationality Act) on a business day around the 4th of July for 
approximately 500 people whose application for naturalization has been 
approved. Each project shall provide for appropriate outreach and 
ceremonial and celebratory activities.
    (c) Selection of Sites.--The Attorney General shall, in the 
Attorney General's discretion, select diverse locations for sites on 
the basis of the number of naturalization applicants living in 
proximity to each site and on the degree of local community 
participation and support in the project to be held at the site. Not 
more than 2 sites may be located in the same State. The Attorney 
General should consider changing the sites selected from year to year.
    (d) Amounts Available; Use of Funds.--
            (1) Amount.--The amount that may be made available under 
        this section with respect to any single site for a year shall 
        not exceed $5,000.
            (2) Use.--Funds provided under this section may only be 
        used to cover expenses incurred carrying out symbolic swearing-
        in ceremonies at the demonstration sites, including expenses 
        for--
                    (A) cost of personnel of the Immigration and 
                Naturalization Service (including travel and overtime 
                expenses),
                    (B) local outreach,
                    (C) rental of space, and
                    (D) costs of printing appropriate brochures and 
                other information about the ceremonies.
            (3) Availability of funds.--Funds that are otherwise 
        available to the Immigration and Naturalization Service to 
        carry out naturalization activities (including funds in the 
        Immigration Examinations Fee Account, under section 286(n) of 
        the Immigration and Nationality Act) shall be available under 
        this section.
    (e) Application.--In the case of an entity other than the 
Immigration and Naturalization Service seeking to conduct a 
demonstration project under this section, no amounts may be made 
available to the entity under this section unless an appropriate 
application has been made to, and approved by, the Attorney General, in 
a form and manner specified by the Attorney General.
    (f) State Defined.--For purposes of this section, the term 
``State'' has the meaning given such term in section 101(a)(36) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(36)).

SEC. 308. REVIEW OF CONTRACTS WITH ENGLISH AND CIVICS TEST ENTITIES.

    (a) In General.--The Attorney General of the United States shall 
investigate and submit a report to the Congress regarding the practices 
of test entities authorized to administer the English and civics tests 
pursuant to section 312.3(a) of title 8, Code of Federal Regulations. 
The report shall include any findings of fraudulent practices by the 
testing entities.
    (b) Preliminary and Final Reports.--Not later than 90 days after 
the date of the enactment of this Act, the Attorney General shall 
submit to the Congress a preliminary report of the findings of the 
investigation conducted pursuant to subsection (a) and shall submit to 
the Congress a final report within 275 days after the submission of the 
preliminary report.

SEC. 309. DESIGNATION OF A UNITED STATES CUSTOMS ADMINISTRATIVE 
              BUILDING.

    (a) Designation.--The United States Customs Administrative Building 
at the Ysleta/Zaragosa Port of Entry located at 797 South Zaragosa Road 
in El Paso, Texas, shall be known and designated as the ``Timothy C. 
McCaghren Customs Administrative Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the building referred to 
in section 1 shall be deemed to be a reference to the ``Timothy C. 
McCaghren Customs Administrative Building''.

SEC. 310. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT 
              TO INTERNATIONAL MEDICAL GRADUATES.

    (a) Extension of Waiver Program.--Section 220(c) of the Immigration 
and Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note) 
is amended by striking ``June 1, 1996'' and inserting ``June 1, 2002''.
    (b) Conditions on Federally Requested Waivers.--Section 212(e) of 
the Immigration and Nationality Act (8 U.S.C. 1184(e)) is amended by 
inserting after ``except that in the case of a waiver requested by a 
State Department of Public Health or its equivalent'' the following: 
``or in the case of a waiver requested by an interested United States 
Government agency on behalf of an alien described in clause (iii)''.
    (c) Restrictions on Federally Requested Waivers.--Section 214(k) (8 
U.S.C. 1184(k)) is amended to read as follows:
    ``(k)(1) In the case of a request by an interested State agency or 
by an interested United States Government agency for a waiver of the 
two-year foreign residence requirement under section 212(e) with 
respect to an alien described in clause (iii) of that section, the 
Attorney General shall not grant such waiver unless--
            ``(A) in the case of an alien who is otherwise 
        contractually obligated to return to a foreign country, the 
        government of such country furnishes the Director of the United 
        States Information Agency with a statement in writing that it 
        has no objection to such waiver; and
            ``(B)(i) in the case of a request by an interested State 
        agency--
                    ``(I) the alien demonstrates a bona fide offer of 
                full-time employment, agrees to begin employment with 
                the health facility or organization named in the waiver 
                application within 90 days of receiving such waiver, 
                and agrees to work for a total of not less than three 
                years (unless the Attorney General determines that 
                extenuating circumstances exist, such as closure of the 
                facility or hardship to the alien would justify a 
                lesser period of time); and
                    ``(II) the alien's employment continues to benefit 
                the public interest; or
            ``(ii) in the case of a request by an interested United 
        States Government agency--
                    ``(I) the alien demonstrates a bona fide offer of 
                full-time employment that has been found to be in the 
                public interest, agrees to begin employment with the 
                health facility or organization named in the waiver 
                application within 90 days of receiving such waiver, 
                and agrees to work for a total of not less than three 
                years (unless the Attorney General determines that 
                extenuating circumstances exist, such as closure of the 
                facility or hardship to the alien would justify a 
                lesser period of time); and
                    ``(II) the alien's employment continues to benefit 
                the public interest;
            ``(C) in the case of a request by an interested State 
        agency, the alien agrees to practice medicine in accordance 
        with paragraph (2) for a total of not less than three years 
        only in the geographic area or areas which are designated by 
        the Secretary of Health and Human Services as having a shortage 
        of health care professionals; and
            ``(D) in the case of a request by an interested State 
        agency, the grant of such a waiver would not cause the number 
        of waivers allotted for that State for that fiscal year to 
        exceed 20.
    ``(2)(A) Notwithstanding section 248(2) the Attorney General may 
change the status of an alien that qualifies under this subsection and 
section 212(e) to that of an alien described in section 
101(a)(15)(H)(i)(b).
    ``(B) No person who has obtained a change of status under 
subparagraph (A) and who has failed to fulfill the terms of the 
contract with the health facility or organization named in the waiver 
application shall be eligible to apply for an immigrant visa, for 
permanent residence, or for any other change of nonimmigrant status 
until it is established that such person has resided and been 
physically present in the country of his nationality or his last 
residence for an aggregate of at least two years following departure 
from the United States.
    ``(3) Notwithstanding any other provisions of this subsection, the 
two-year foreign residence requirement under section 212(e) shall apply 
with respect to an alien in clause (iii) of that section who has not 
otherwise been accorded status under section 101(a)(27)(H)--
            ``(A) in the case of a request by an interested State 
        agency, if at any time the alien practices medicine in an area 
        other than an area described in paragraph (1)(C); and
            ``(B) in the case of a request by an interested United 
        States Government agency, if at any time the alien engages in 
        employment for a health facility or organization not named in 
        the waiver application.''.

SEC. 311. CONTINUED VALIDITY OF LABOR CERTIFICATIONS AND PETITIONS FOR 
              PROFESSIONAL ATHLETES.

    (a) Labor Certification.--Section 212(a)(5) is amended by adding at 
the end the following:
                    ``(D) Professional athletes.--The labor 
                certification received for a professional athlete shall 
                remain valid for that athlete after the athlete changes 
                employer if the new employer is a team in the same 
                sport as the team which employed the athlete when he 
                first applied for labor certification hereunder. For 
                purposes of this subparagraph, the term `professional 
                athlete' means an individual who is employed as an 
                athlete by a team that belongs to the National Hockey 
                League, the National Football League, the National 
                Basketball Association, Major League Baseball, or any 
                minor league which is affiliated with one of the 
                forgoing leagues.''.
    (b) Petitions.--Section 204(a)(1)(D) is amended by adding at the 
end the following new sentences: ``A petition for a professional 
athlete will remain valid for that athlete after the athlete changes 
employers provided that the new employer is a team in the same sport as 
the team which employed the athlete when he first applied for labor 
certification hereunder. For purposes of the preceding sentence, the 
term `professional athlete' means an individual who is employed as an 
athlete by a team that belongs to the National Hockey League, the 
National Football League, the National Basketball Association, Major 
League Baseball, or any minor league which is affiliated with one of 
the foregoing leagues.''.

SEC. 312. MAIL-ORDER BRIDE BUSINESS.

    (a) Congressional Findings.--The Congress makes the following 
findings:
            (1) There is a substantial ``mail-order bride'' business in 
        the United States. With approximately 200 companies in the 
        United States, an estimated 2,000 to 3,500 American men find 
        wives through mail-order bride catalogs each year. However, 
        there are no official statistics available on the number of 
        mail-order brides entering the United States each year.
            (2) The companies engaged in the mail-order bride business 
        earn substantial profits from their businesses.
            (3) Although many of these mail-order marriages work out, 
        in many other cases, anecdotal evidence suggests that mail-
        order brides often find themselves in abusive relationships. 
        There is also evidence to suggest that a substantial number of 
        mail-order marriages constitute marriage fraud under United 
        States law.
            (4) Many mail-order brides come to the United States 
        unaware or ignorant of United States immigration law. Mail-
        order brides who are battered spouses often think that if they 
        flee an abusive marriage, they will be deported. Often the 
        citizen spouse threatens to have them deported if they report 
        the abuse.
            (5) The Immigration and Naturalization Service estimates 
        the rate of marriage fraud between foreign nationals and United 
        States citizens or legal permanent residents as eight percent. 
        It is unclear what percent of those marriage fraud cases 
        originated as mail-order marriages.
    (b) Information Dissemination.--Each international matchmaking 
organization doing business in the United States shall disseminate to 
recruits, upon recruitment, such immigration and naturalization 
information as the Immigration and Naturalization Service deems 
appropriate, in the recruit's native language, including information 
regarding conditional permanent residence status, permanent resident 
status, the battered spouse waiver of conditional permanent resident 
status requirement, marriage fraud penalties, immigrants' rights, the 
unregulated nature of the business, and the study mandated in 
subsection (c).
    (c) Study.--The Attorney General, in consultation with the 
Commissioner of Immigration and Naturalization and the Violence Against 
Women Office of the Department of Justice, shall conduct a study to 
determine, among other things--
            (1) the number of mail-order marriages;
            (2) the extent of marriage fraud arising as a result of the 
        services provided by international matchmaking organizations;
            (3) the extent to which mail-order spouses utilize section 
        244(a)(3) of the Immigration and Nationality Act providing for 
        waiver of deportation in the event of abuse, or section 
        204(a)(1)(A)(iii) of such Act providing for self-petitioning 
        for permanent resident status;
            (4) the extent of domestic abuse in mail-order marriages; 
        and
            (5) the need for continued or expanded regulation and 
        education to implement the objectives of the Violence Against 
        Women Act of 1994 in this area.
    (d) Report.--Not later than one year after the date of enactment of 
this Act, the Attorney General shall submit a report to the Congress 
setting forth the results of the study conducted under subsection (c).
    (e) Civil Penalty.--(1) The Attorney General shall impose a civil 
penalty of not to exceed $20,000 for each violation of subsection (b).
    (2) Any penalty under paragraph (1) may be imposed only after 
notice and opportunity for an agency hearing on the record in 
accordance with sections 554 through 557 of title 5, United States 
Code.
    (f) Definitions.--As used in this section:
            (1) International matchmaking organization.--The term 
        ``international matchmaking organization'' means a corporation, 
        partnership, business, or other legal entity, whether or not 
        organized under the laws of the United States or any State, 
        that does business in the United States and for profit offers 
        to United States citizens or permanent resident aliens, dating, 
        matrimonial, or social referral services to nonresident, 
        noncitizens, by--
                    (A) an exchange of names, telephone numbers, 
                addresses, or statistics;
                    (B) selection of photographs; or
                    (C) a social environment provided by the 
                organization in a country other than the United States.
            (2) Recruit.--The term ``recruit'' means a noncitizen, 
        nonresident person, recruited by the international matchmaking 
        organization for the purpose of providing dating, matrimonial, 
        or social referral services to United States citizens or 
        permanent resident aliens.

SEC. 313. APPROPRIATIONS FOR CRIMINAL ALIEN TRACKING CENTER.

    Section 130002(b) of the Violent Crime Control and Law Enforcement 
Act of 1994 (8 U.S.C. 1252 note) is amended--
            (1) by inserting ``and'' after ``1996;'', and
            (2) by striking paragraph (2) and all that follows through 
        the end period and inserting the following:
            ``(2) $5,000,000 for each of fiscal years 1997 through 
        2001.''.

SEC. 314. BORDER PATROL MUSEUM

    (a) Authority.--Notwithstanding section 203 of the Federal Property 
and Administrative Services Act of 1949 (40 U.S.C. 484) or any other 
provision of law, the Attorney General is authorized to transfer and 
convey to the Border Patrol Museum and Memorial Library Foundation, 
incorporated in the State of Texas, such equipment, artifacts, and 
memorabilia held by the Immigration and Naturalization Service, as the 
Attorney General may determine is necessary to further the purposes of 
the Museum and Foundation.
    (b) Technical Assistance.--The Attorney General is authorized to 
provide technical assistance, through the detail of personnel of the 
Immigration and Naturalization Service, to the Border Patrol Museum and 
Memorial Library Foundation for the purpose of demonstrating the use of 
the items transferred under subsection (a).

SEC. 315. PILOT PROGRAMS TO PERMIT BONDING.

    (a) In General.--The Attorney General of the United States shall 
establish a pilot program in 5 INS district offices (at least 2 of 
which are in States selected for a demonstration project under section 
112 of this Act) to require aliens to post a bond in lieu of the 
affidavit requirements in section 203 of the Immigration Control and 
Financial Responsibility Act of 1996 and the deeming requirements in 
section 204 of such Act. Any pilot program established pursuant to this 
subsection shall require an alien to post a bond in an amount 
sufficient to cover the cost of benefits for the alien and the alien's 
dependents under the programs described in section 241(a)(5)(D) of the 
Immigration and Nationality Act (8 U.S.C. 1251(a)(5)(D)) and shall 
remain in effect until the alien and all members of the alien's family 
permanently depart from the United States, are naturalized, or die. 
Suit on any such bonds may be brought under the terms and conditions 
set forth in section 213 of the Immigration and Nationality Act.
    (b) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Attorney General shall issue regulations for 
establishing the pilot programs, including--
            (1) criteria and procedures for--
                    (A) certifying bonding companies for participation 
                in the program, and
                    (B) debarment of any such company that fails to pay 
                a bond, and
            (2) criteria for setting the amount of the bond to assure 
        that the bond is in an amount that is not less than the cost of 
        providing benefits under the programs described in section 
        241(a)(5)(D) for the alien and the alien's dependents for 6 
        months.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
    (d) Annual Reporting Requirement.--The Attorney General shall 
report annually to Congress on the effectiveness of the pilot program, 
once within 9 months and again within 1 year and 9 months after the 
pilot program begins operating.
    (e) Sunset.--The pilot program shall sunset after 2 years of 
operation.

SEC. 316. MINIMUM STATE INS PRESENCE.

    (a) In General.--Section 103 (8 U.S.C. 1103) is amended by adding 
at the end the following new subsection:
    ``(e) The Attorney General shall ensure that no State is allocated 
fewer than 10 full-time active duty agents of the Immigration and 
Naturalization Service to carry out the enforcement, examinations, and 
inspections functions of the Service for the purposes of effective 
enforcement of the Immigration and Nationality Act.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 90 days after the date of enactment of this Act.

SEC. 317. DISQUALIFICATION FROM ATTAINING NONIMMIGRANT OR PERMANENT 
              RESIDENCE STATUS.

    (a) Disapproval of Petitions.--Section 204 of the Immigration and 
Nationality Act (8 U.S.C. 1154) is amended by adding at the end the 
following new subsection:
    ``(i) Restrictions on future entry of aliens apprehended for 
violating immigration laws.
            ``(1) The Attorney General may not approve any petition for 
        lawful permanent residence status filed by an alien or any 
        person on behalf of an alien (other than petitions filed by or 
        on behalf of spouses of United States citizens or of aliens 
        lawfully admitted for permanent residence) who has at any time 
        been apprehended in the United States for (A) entry without 
        inspection, or (B) failing to depart from the United States 
        within one year of the expiration of any nonimmigrant visa, 
        until the date that is ten years after the alien's departure or 
        removal from the United States.''.
    (b) Violation of Immigration Law as Grounds for Exclusion.--Section 
212(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)) 
is amended by adding at the end the following new subparagraph:
                    ``(G) Any alien who (i) has at any time been 
                apprehended in the United States for entry without 
                inspection, or (ii) has failed to depart from the 
                United States within one year of the expiration date of 
                any nonimmigrant visa, unless such alien has applied 
                for and been granted asylum or refugee status in the 
                United States or has a bona fide application for asylum 
                pending, is excludable until the date that is ten years 
                after the alien's departure or removal from the United 
                States.''.
    (c) Denial of Adjustment of Status.--Section 245(c) of the 
Immigration and Nationality Act (8 U.S.C. 1255(c)) is amended--
            (1) by striking ``or (5)'' and inserting ``(5)''; and
            (2) by inserting before the period the following: ``or (6) 
        any alien who (A) has at any time been apprehended in the 
        United States for entry without inspection, or (B) has failed 
        to depart from the United States within one year of the 
        expiration under section 208 date of any nonimmigrant visa, 
        unless such alien has applied for and been granted asylum or 
        refugee status in the United States or has a bona fide 
        application for asylum pending''.
    (d) Exceptions.--Section 245 (8 U.S.C. 1254) is amended by adding 
at the end the following new subsection:
    ``(k) The following periods of time shall be excluded from the 
determination of periods of unauthorized stay under subsection 
(c)(6)(B) and section 204(i):
            (1) Any period of time in which an alien is under 18 years 
        of age.
            (2) Any period of time in which an alien has a bona fide 
        application for asylum pending under section 208.
            (3) Any period of time during which an alien is provided 
        authorization to engage in employment in the United States 
        (including such an authorization under section 244A(a)(1)(B)), 
        or in which the alien is the spouse of such an alien.
            (4) Any period of time during which the alien is a 
        beneficiary of family unity protection pursuant to section 301 
        on the Immigration Act of 1990.
            (5) Any period of time for which the alien demonstrates 
        good cause for remaining in the United States without the 
        authorization of the Attorney General.

SEC. 318. PASSPORTS ISSUED FOR CHILDREN UNDER 16.

    (a) In General.--Section 1 of title IX of the Act of June 15, 1917 
(22 U.S.C. 213) is amended--
            (1) by striking ``Before'' and insert ``(a) In General.--
        Before'', and
            (2) by adding at the end the following new subsection:
    ``(b) Passports Issued for Children Under 16.--
            ``(1) Signatures required.--In the case of a child under 
        the age of 16, the written application required as a 
        prerequisite to the issuance of a passport for such child shall 
        be signed by--
                    ``(A) both parents of the child if the child lives 
                with both parents;
                    ``(B) the parent of the child having primary 
                custody of the child if the child does not live with 
                both parents; or
                    ``(C) the surviving parent (or legal guardian) of 
                the child, if 1 or both parents are deceased.
            ``(2) Waiver.--The Secretary of State may waive the 
        requirements of paragraph (1)(A) if the Secretary determines 
        that circumstances do not permit obtaining the signatures of 
        both parents.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to applications for passports filed on or after the date of 
enactment of this Act.

SEC. 319. EXCLUSION OF CERTAIN ALIENS FROM FAMILY UNITY PROGRAM.

    Section 301(e) of the Immigration Act of 1990 (8 U.S.C. 1255a note) 
is amended to read as follows:
    ``(e) Exception for Certain Aliens.--An alien is not eligible for a 
new grant or extension of benefits of this section if the Attorney 
General finds that the alien--
            ``(1) has been convicted of a felony or 3 or more 
        misdemeanors in the United States,
            ``(2) is described in section 243(h)(2) of the Immigration 
        and Nationality Act, or
            ``(3) has committed an act of juvenile delinquency which if 
        committed by an adult would be classified as--
                    ``(A) a felony crime of violence that has an 
                element the use or attempted use of physical force 
                against the person of another; or
                    ``(B) a felony offense that by its nature involves 
                a substantial risk that physical force against the 
                person of another may be used in the course of 
                committing the offense.''.

SEC. 320. TO ENSURE APPROPRIATELY STRINGENT PENALTIES FOR CONSPIRING 
              WITH OR ASSISTING AN ALIEN TO COMMIT AN OFFENSE UNDER THE 
              CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT.

    (a) Not later than 6 months following enactment of this Act, the 
United States Sentencing Commission shall conduct a review of the 
guidelines applicable to an offender who conspires with, or aids or 
abets, a person who is not a citizen or national of the United States 
in committing any offense under section 1010 of the Controlled 
Substance Import and Export Act (21 U.S.C. 960).
    (b) Following such review, pursuant to section 994(p) of title 28, 
United States Code, the Commission shall promulgate sentencing 
guidelines or amend existing sentencing guidelines to ensure an 
appropriately stringent sentence for such offenders.

SEC. 321. REVIEW AND REPORT ON H-2A NONIMMIGRANT WORKERS PROGRAM.

    (a) Sense of the Congress.--It is the sense of the Congress that 
the enactment of this Act may impact the future availability of an 
adequate work force for the producers of our Nation's labor intensive 
agricultural commodities and livestock.
    (b) Review.--The Comptroller General shall review the effectiveness 
of the H-2A nonimmigrant worker program to ensure that the program 
provides a workable safety valve in the event of future shortages of 
domestic workers after the enactment of this Act. Among other things, 
the Comptroller General shall review the program to determine--
            (1) that the program ensures that an adequate supply of 
        qualified United States workers is available at the time and 
        place needed for employers seeking such workers after the date 
        of enactment of this Act;
            (2) that the program ensures that there is timely approval 
        of applications for temporary foreign workers under the H-2A 
        nonimmigrant worker program in the event of shortages of United 
        States workers after the date of enactment of this Act;
            (3) that the program ensures that implementation of the H-
        2A nonimmigrant worker program is not displacing United States 
        agricultural workers or diminishing the terms and conditions of 
        employment of United States agricultural workers; and
            (4) if and to what extent the H-2A nonimmigrant worker 
        program is contributing to the problem of illegal immigration.
    (c) Report.--Not later than December 31, 1996, or three months 
after the date of enactment of this Act, whichever is sooner, the 
Comptroller General shall submit a report to Congress setting forth the 
findings of the review conducted under subsection (b).
    (d) Definitions.--As used in this section--
            (1) the term ``Comptroller General'' means the Comptroller 
        General of the United States; and
            (2) the term ``H-2A nonimmigrant worker program'' means the 
        program for the admission of nonimmigrant aliens described in 
        section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
        Act.

SEC. 322. FINDINGS RELATED TO THE ROLE OF INTERIOR BORDER PATROL 
              STATIONS.

    The Congress makes the following findings:
            (1) The Immigration and Naturalization Service has drafted 
        a preliminary plan for the removal of 200 Border Patrol agents 
        from interior stations and the transfer of these agents to the 
        Southwest border.
            (2) The INS has stated that it intends to carry out this 
        transfer without disrupting service and support to the 
        communities in which interior stations are located.
            (3) Briefings conducted by INS personnel in communities 
        with interior Border Patrol stations have revealed that Border 
        Patrol agents at interior stations, particularly those located 
        in Southwest border States, perform valuable law enforcement 
        functions that cannot be performed by other INS personnel.
            (4) The transfer of 200 Border Patrol agents from interior 
        stations to the Southwest border, which would not increase the 
        total number of law enforcement personnel at INS, would cost 
        the Federal Government approximately $12,000,000.
            (5) The cost to the Federal Government of hiring new 
        criminal investigators and other personnel for interior 
        stations is likely to be greater than the cost of retaining 
        Border Patrol agents at interior stations.
            (6) The first recommendation of the report by the National 
        Task Force on Immigration was to increase the number of Border 
        Patrol agents at the interior stations.
            (7) Therefore, it is the sense of the Congress that--
                    (A) the United States Border Patrol plays a key 
                role in apprehending and deporting undocumented aliens 
                throughout the United States;
                    (B) interior Border Patrol stations play a unique 
                and critical role in the agency's enforcement mission 
                and serve as an invaluable second line of defense in 
                controlling illegal immigration and its penetration to 
                the interior of our country;
                    (C) a permanent redeployment of Border Patrol 
                agents from interior stations is not the most cost-
                effective way to meet enforcement needs along the 
                Southwest border, and should only be done where new 
                Border Patrol agents cannot practicably be assigned to 
                meet enforcement needs along the Southwest border; and
                    (D) the INS should hire, train and assign new staff 
                based on a strong Border Patrol presence both on the 
                Southwest border and in interior stations that support 
                border enforcement.

SEC. 323. ADMINISTRATIVE REVIEW OF ORDERS.

    (a) Section 274A(e)(7) is amended by striking the phrase ``, within 
30 days,''.
    (b) Section 274C(d)(4) is amended by striking the phrase ``, within 
30 days,''.

SEC. 324. SOCIAL SECURITY ACT.

    Section 1173(d)(4)(B)) of the Social Security Act (42 U.S.C. 1320b-
7(d)(4)(B)) is amended by striking clause (i) and inserting the 
following new clause:
                            ``(i) the State shall transmit to the 
                        Immigration and Naturalization Service either 
                        photostatic or other similar copies of such 
                        documents, or information from such documents, 
                        as specified by the Immigration and 
                        Naturalization Service, for official 
                        verification,''.

SEC. 325. HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980.

    Section 214(d)(4)(B) of the Housing and Community Development Act 
of 1980 (42 U.S.C. 1436a(d)(4)(B)) is amended by striking clause (i) 
and inserting the following new clause:
                            ``(i) the Secretary shall transmit to the 
                        Immigration and Naturalization Service either 
                        photostatic or other similar copies of such 
                        documents, or information from such documents, 
                        as specified by the Immigration and 
                        Naturalization Service, for official 
                        verification,''.

SEC. 326. HIGHER EDUCATION ACT OF 1965.

    Section 484(g)(B) of the Higher Education Act of 1965 (20 U.S.C. 
1091(g)(4)(B)) is amended by striking clause (i) and inserting the 
following new clause:
                            ``(i) the institution shall transmit to the 
                        Immigration and Naturalization Service either 
                        photostatic or other similar copies of such 
                        documents, or information from such documents, 
                        as specified by the Immigration and 
                        Naturalization Service, for official 
                        verification,''.

SEC. 327. LAND ACQUISITION AUTHORITY.

    Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) 
is amended by redesignating subsections (b), (c), and (d) as 
subsections (c), (d), and (e) accordingly, and inserting the following 
new subsection (b):
    ``(b)(1) The Attorney General may contract for or buy any interest 
in land, including temporary use rights, adjacent to or in the vicinity 
of an international land border when the Attorney General deems the 
land essential to control and guard the boundaries and borders of the 
United States against any violation of this Act.
    ``(2) The Attorney General may contract for or buy any interest in 
land identified pursuant to subsection (a) as soon as the lawful owner 
of that interest fixes a price for it and the Attorney General 
considers that price to be reasonable.
    ``(3) When the Attorney General and the lawful owner of an interest 
identified pursuant to subsection (a) are unable to agree upon a 
reasonable price, the Attorney General may commence condemnation 
proceedings pursuant to section 257 of title 40, United States Code.
    ``(4) The Attorney General may accept for the United States a gift 
of any interest in land identified pursuant to subsection (a).''.

SEC. 328. SERVICES TO FAMILY MEMBERS OF INS OFFICERS KILLED IN THE LINE 
              OF DUTY.

    Sec. 294. [8 U.S.C. 1364]--Transportation of the Remains of 
Immigration Officers and Border Patrol Agents Killed in the Line of 
Duty.
    (a) Nothwithstanding any other provision of law, the Attorney 
General may expend appropriated funds to pay for--
            (1) the transportation of the remains of any Immigration 
        Officer or Border Patrol agent killed in the line of duty to a 
        place of burial located in the United States, the Commonwealth 
        of Puerto Rico, or the territories and possessions of the 
        United States;
            (2) the transportation of the decedent's spouse and minor 
        children to and from the same site at rates no greater than 
        those established for official government travel; and
            (3) any other memorial service sanctioned by the Department 
        of Justice.
    (b) The Department of Justice may prepay the costs of any 
transportation authorized by this section.

SEC. 329. POWERS AND DUTIES OF THE ATTORNEY GENERAL AND THE 
              COMMISSIONER.

    Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) 
is amended in subsection (a) by adding the following after the last 
sentence of that subsection:
``The Attorney General, in support of persons in administrative 
detention in non-Federal institutions, is authorized to make payments 
from funds appropriated for the administration and enforcement of the 
laws relating to immigration, naturalization, and alien registration 
for necessary clothing, medical care, necessary guard hire, and the 
housing, care, and security of persons detained by the Service pursuant 
to Federal law under intergovernmental service agreements with State or 
local units of government. The Attorney General, in support of persons 
in administrative detention in non-Federal institutions, is further 
authorized to enter into cooperative agreements with any State, 
territory, or political subdivision thereof, for the necessary 
construction, physical renovation, acquisition of equipment, supplies 
or materials required to establish acceptable conditions of confinement 
and detention services in any State or local jurisdiction which agrees 
to provide guaranteed bed space for persons detained by the Immigration 
and Naturalization Service.''.
    Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) 
is amended in subsection (b) by adding the following:
``The Commissioner may enter into cooperative agreements with State and 
local law enforcement agencies for the purpose of assisting in the 
enforcement of the immigration laws of the United States.''.

SEC. 330. PRECLEARANCE AUTHORITY.

    Section 103(a) of the Immigration and Nationality Act (8 U.S.C. 
1103(a)) is amended by adding at the end the following:
``After consultation with the Secretary of State, the Attorney General 
may authorize officers of a foreign country to be stationed at 
preclearance facilities in the United States for the purpose of 
ensuring that persons traveling from or through the United States to 
that foreign country comply with that country's immigration and related 
laws. Those officers may exercise such authority and perform such 
duties as United States immigration officers are authorized to exercise 
and perform in that foreign country under reciprocal agreement, and 
they shall enjoy such reasonable privileges and immunities necessary 
for the performance of their duties as the government of their country 
extends to United States immigration officers.''.

SEC. 331. CONFIDENTIALITY PROVISION FOR CERTAIN ALIEN BATTERED SPOUSES 
              AND CHILDREN.

    (a) In General.--With respect to information provided pursuant to 
section 150(b)(C) of this Act and except as provided in subsection (b), 
in no case may the Attorney General, or any other official or employee 
of the Department of Justice (including any bureau or agency of such 
department)--
            (1) make an adverse determination of admissibility or 
        deportability of an alien under the Immigration and Nationality 
        Act using only information furnished solely by--
                    (A) a spouse or parent who has battered the alien 
                or the alien's children or subjected the alien or the 
                alien's children to extreme cruelty, or
                    (B) a member of the alien's spouse's or parent's 
                family who has battered the alien or the alien's child 
                or subjected the alien or alien's child to extreme 
                cruelty,
        unless the alien has been convicted of a crime or crimes listed 
        in section 241(a)(2) of the Immigration and Nationality Act;
            (2) make any publication whereby information furnished by 
        any particular individual can be identified;
            (3) permit anyone other than the sworn officers and 
        employees of the Department, bureau or agency, who needs to 
        examine such information for legitimate Department, bureau, or 
        agency purposes, to examine any publication of any individual 
        who files for relief as a person who has been battered or 
        subjected to extreme cruelty.
    (b) Exceptions.--(1) The Attorney General may provide for the 
furnishing of information furnished under this section in the same 
manner and circumstances as census information may be disclosed by the 
Secretary of Commerce under section 8 of title 13, United States Code.
    (2) The Attorney General may provide for the furnishing of 
information furnished under this section to law enforcement officials 
to be used solely for legitimate law enforcement purposes.

SEC. 332. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESISTANT SOCIAL 
              SECURITY CARD REQUIRED.

    (a) Development.--
            (1) In general.--The Commissioner of Social Security 
        (hereafter in this section referred to as the ``Commissioner'') 
        shall in accordance with the provisions of this section develop 
        a prototype of a counterfeit-resistant social security card. 
        Such prototype card shall--
                    (A) be made of a durable, tamper-resistant material 
                such as plastic or polyester,
                    (B) employ technologies that provide security 
                features, such as magnetic stripes, holograms, and 
                integrated circuits, and
                    (C) be developed so as to provide individuals with 
                reliable proof of citizenship or legal resident alien 
                status.
            (2) Assistance by attorney general.--The Attorney General 
        of the United States shall provide such information and 
        assistance as the Commissioner deems necessary to achieve the 
        purposes of this section.
    (b) Study and Report.--
            (1) In general.--The Commissioner shall conduct a study and 
        issue a report to Congress which examines different methods of 
        improving the social security card application process.
            (2) Elements of study.--The study shall include an 
        evaluation of the cost and work load implications of issuing a 
        counterfeit-resistant social security card for all individuals 
        over a 3, 5, and 10 year period. The study shall also evaluate 
        the feasibility and cost implications of imposing a user fee 
        for replacement cards and cards issued to individuals who apply 
        for such a card prior to the scheduled 3, 5, and 10 year phase-
        in options.
            (3) Distribution of report.--Copies of the report described 
        in this subsection along with a facsimile of the prototype card 
        as described in subsection (a) shall be submitted to the 
        Committees on Ways and Means and Judiciary of the House of 
        Representatives and the Committees on Finance and Judiciary of 
        the Senate within 1 year of the date of the enactment of this 
        Act.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated and are appropriated from the Federal Old-Age and 
Survivors Insurance Trust Fund such sums as may be necessary to carry 
out the purposes of this section.

SEC. 333. REPORT ON ALLEGATIONS OF HARASSMENT BY CANADIAN CUSTOMS 
              AGENTS.

    (a) Study and Review.--(1) Not later than 30 days after the 
enactment of this Act, the Commissioner of the United States Customs 
Service shall initiate a study of allegations of harassment by Canadian 
Customs agents for the purpose of deterring cross-border commercial 
activity along the United States-New Brunswick border. Such study shall 
include a review of the possible connection between any incidents of 
harassment with the discriminatory imposition of the New Brunswick 
Provincial Sales Tax (PST) tax on goods purchased in the United States 
by New Brunswick residents, and with any other activities taken by the 
Canadian provincial and Federal Governments to deter cross-border 
commercial activities.
    (2) In conducting the study in subparagraph (1), the Commissioner 
shall consult with representatives of the State of Maine, local 
governments, local businesses, and any other knowledgeable persons that 
the Commissioner deems important to the completion of the study.
    (b) Report.--Not later than 120 days after enactment of this Act, 
the Commissioner of the United States Customs Service shall submit to 
Congress a report of the study and review detailed in subsection (a). 
The report shall also include recommendations for steps that the United 
States Government can take to help end harassment by Canadian Customs 
agents found to have occurred.

SEC. 334. SENSE OF CONGRESS ON THE DISCRIMINATORY APPLICATION OF THE 
              NEW BRUNSWICK PROVINCIAL SALES TAX.

    (a) Findings.--The Congress finds that--
            (1) in July 1993, Canadian Customs officers began 
        collecting an 11 percent New Brunswick Provincial Sales Tax 
        (PST) tax on goods purchased in the United States by New 
        Brunswick residents, an action that has caused severe economic 
        harm to United States businesses located in proximity to the 
        border with New Brunswick;
            (2) this impediment to cross-border trade compounds the 
        damage already done from the Canadian government's imposition 
        of a 7 percent tax on all goods bought by Canadians in the 
        United States;
            (3) collection of the New Brunswick Provincial Sales Tax on 
        goods purchased outside of New Brunswick is collected only 
        along the United States-Canadian border--not along New 
        Brunswick's borders with other Canadian provinces--thus being 
        administered by Canadian authorities in a manner uniquely 
        discriminatory to Canadians shopping in the United States;
            (4) in February 1994, the United States Trade 
        Representative (USTR) publicly stated an intention to seek 
        redress from the discriminatory application of the PST under 
        the dispute resolution process in chapter 20 of the North 
        American Free Trade Agreement (NAFTA), but the United States 
        Government has still not made such a claim under NAFTA 
        procedures; and
            (5) initially, the USTR argued that filing a PST claim was 
        delayed only because the dispute mechanism under NAFTA had not 
        yet been finalized, but more than a year after such mechanism 
        has been put in place, the PST claim has still not been put 
        forward by the USTR.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Provincial Sales Tax levied by the Canadian 
        Province of New Brunswick on Canadian citizens of that province 
        who purchase goods in the United States raises questions about 
        the possible violation of the North American Free Trade 
        Agreement in its discriminatory application to cross-border 
        trade with the United States and damages good relations between 
        the United States and Canada; and
            (2) the United States Trade Representative should move 
        forward without further delay in seeking redress under the 
        dispute resolution process in chapter 20 of the North American 
        Free Trade Agreement for the discriminatory application of the 
        New Brunswick Provincial Sales Tax on United States-Canada 
        cross-border trade.

SEC. 335. FEMALE GENITAL MUTILATION.

    (a) Congressional Findings.--The Congress finds that--
            (1) the practice of female genital mutilation is carried 
        out by members of certain cultural and religious groups within 
        the United States;
            (2) the practice of female genital mutilation often results 
        in the occurrence of physical and psychological health effects 
        that harm the women involved;
            (3) such mutilation infringes upon the guarantees of rights 
        secured by Federal and State law, both statutory and 
        constitutional;
            (4) the unique circumstances surrounding the practice of 
        female genital mutilation place it beyond the ability of any 
        single State or local jurisdiction to control;
            (5) the practice of female genital mutilation can be 
        prohibited without abridging the exercise of any rights 
        guaranteed under the First Amendment to the Constitution or 
        under any other law; and
            (6) Congress has the affirmative power under section 8 of 
        article I, the necessary and proper clause, section 5 of the 
        Fourteenth Amendment, as well as under the treaty clause of the 
        Constitution to enact such legislation.
    (b) Criminal Conduct.--
            (1) In general.--Chapter 7 of title 18, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 116. Female genital mutilation
    ``(a) Except as provided in subsection (b), whoever knowingly 
circumcises, excises, or infibulates the whole or any part of the labia 
majora or labia minora or clitoris of another person who has not 
attained the age of 18 years shall be fined under this title or 
imprisoned not more than 5 years, or both.
    ``(b) A surgical operation is not a violation of this section if 
the operation is--
            ``(1) necessary to the health of the person on whom it is 
        performed, and is performed by a person licensed in the place 
        of its performance as a medical practitioner; or
            ``(2) performed on a person in labor or who has just given 
        birth and is performed for medical purposes connected with that 
        labor or birth by a person licensed in the place it is 
        performed as a medical practitioner, midwife, or person in 
        training to become such a practitioner or midwife.
    ``(c) In applying subsection (b)(1), no account shall be taken of 
the effect on the person on whom the operation is to be performed of 
any belief on the part of that or any other person that the operation 
is required as a matter of custom or ritual.
    ``(d) Whoever knowingly denies to any person medical care or 
services or otherwise discriminates against any person in the provision 
of medical care or services, because--
            ``(1) that person has undergone female circumcision, 
        excision, or infibulation; or
            ``(2) that person has requested that female circumcision, 
        excision, or infibulation be performed on any person;
shall be fined under this title or imprisoned not more than one year, 
or both.''.
            (2) Conforming amendment.--The table of sections at the 
        beginning of chapter 7 of title 18, United States Code, is 
        amended by adding at the end the following new item:

``116. Female genital mutilation.''.
    (c) Effective Date.--Subsection (b) shall take effect on the date 
that is 180 days after the date of the enactment of this Act.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                               H. R. 2202

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HR 2202 EAS----11
HR 2202 EAS----12
HR 2202 EAS----13
HR 2202 EAS----14
HR 2202 EAS----15
HR 2202 EAS----16
HR 2202 EAS----17
HR 2202 EAS----18
HR 2202 EAS----19
HR 2202 EAS----20
```