Union Calendar No. 229

104TH CONGRESS

2D SESSION H. R. 2202

[Report No. 104–469, Parts I, II, and III]

A BILL

To amend the Immigration and Nationality Act to

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

MARCH 8, 1996

Reported from the Committee on Agriculture with

amendments

MARCH 8, 1996

The Committees on Banking and Financial Services,

Union, and ordered to be printedthe Committee of the Whole House on the State of thecurity, and Ways and Means discharged; committed toEconomic and Educational Opportunities, National Se-
IB

Union Calendar No. 229

104TH CONGRESS

2D SESSION H. R. 2202

[Report No. 104–469, Parts I, II, and III]

To amend the Immigration and Nationality Act to improve deterrence of

illegal immigration to the United States by increasing border patrol

and investigative personnel, by increasing penalties for alien smuggling

and for document fraud, by reforming exclusion and deportation law

and procedures, by improving the verification system for eligibility for

employment, and through other measures, to reform the legal immigration system and facilitate legal entries into the United States, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 1995

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

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

HEINEMAN, Mr. SENSENBRENNER, Mr. GEKAS, Mr. COBLE, Mr. CANADY

of Florida, Mr. INGLIS of South Carolina, Mr. GOODLATTE, Mr. BARR,

Mr. BOUCHER, Mr. BAKER of California, Mr. BALLENGER, Mr. BEILENSON, Mr. BILBRAY, Mr. BONILLA, Mr. BREWSTER, Mr. CALVERT, Mr.

CONDIT, Mr. CUNNINGHAM, Mr. DEAL of Georgia, Mr. DREIER, Mr.

DUNCAN, Mr. FOLEY, Mr. HAYES, Mr. HERGER, Mr. HUNTER, Mr. SAM

JOHNSON of Texas, Mrs. MEYERS of Kansas, Mr. PACKARD, Mr.

ROHRABACHER, Mrs. ROUKEMA, Mr. SHAYS, Mr. STENHOLM, Mr. TAUZIN, Mrs. VUCANOVICH, Mr. MCKEON, Mr. BARTON of Texas, Mr.

HUTCHINSON, Mr. THORNBERRY, Mr. LAUGHLIN, Mr. TRAFICANT, Mr.

KASICH, Mrs. SEASTRAND, Mr. PETE GEREN of Texas, Mr. WILSON, Mr.

STOCKMAN, Mr. HASTINGS of Washington, Mr. BEREUTER, Mr. COMBEST, Mr. BARTLETT of Maryland, Mr. BARRETT of Nebraska, Mr.

SHAW, Mr. PICKETT, Mr. SKEEN, Mr. GUTKNECHT, Mr. KINGSTON, Mr.

TAYLOR of North Carolina, Mr. ROGERS, Mr. SOLOMON, Mr. ROBERTS,

Mr. EVERETT, Mr. DOOLITTLE, Mr. HEFLEY, Mr. SCHAEFER, Mr. GOSS,

Mr. BUNNING of Kentucky, Mr. PARKER, Mr. TAYLOR of Mississippi, Mr.

EMERSON, Mr. SHUSTER, Mr. FIELDS of Texas, Mr. QUILLEN, Mr.

HALL of Texas, Mr. HOEKSTRA, Mr. MCCRERY, Mr. STEARNS, Mr. BURTON of Indiana, Mr. LEWIS of Kentucky, Mr. BAKER of Louisiana, Mr.
2

HR 2202 RH

BACHUS, Mr. LIGHTFOOT, Mr. COLLINS of Georgia, Mr. HANSEN, Mr.

HORN, Mr. PAXON, Ms. MOLINARI, Mr. LINDER, Mr. HASTERT, Mr.

ROYCE, Mr. KIM, Mr. CAMP, Mr. HANCOCK, Mr. SPENCE, Mr. JONES,

Mr. LIVINGSTON, Mr. REGULA, Mr. EWING, Mr. SALMON, Ms. HARMAN,

Mr. ZELIFF, Mr. SHADEGG, Mr. POMBO, Mr. DORNAN, and Mr.

RADANOVICH) introduced the following bill; which was referred to the

Committee on the Judiciary, and in addition to the Committees on National Security, Government Reform and Oversight, Ways and Means,

and Banking and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned

SEPTEMBER 19, 1995

Rereferred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, Banking and Financial Services, Economic and Educational Opportunities, Government Reform and Oversight, National Security, and Ways and Means, for a period to be subsequently determined

by the Speaker, in each case for consideration of such provisions as fall

within the jurisdiction of the committee concerned

MARCH 4, 1996

Reported from the Committee on the Judiciary with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

MARCH 4, 1996

Referral to the Committees on Agriculture, Banking and Financial Services,

Economic and Educational Opportunities, Government Reform and Oversight, National Security, and Ways and Means extended for a period ending not later than March 8, 1996

MARCH 7, 1996

Reported from the Committee on Government Reform and Oversight with

amendments

[Omit the part struck through in brackets and insert the part printed in italic in brackets]

MARCH 8, 1996

Reported from the Committee on Agriculture with amendments

[Insert the part printed in boldface roman]

MARCH 8, 1996

Additional sponsors: Mr. BUYER, Mr. CRAMER, Mr. NORWOOD, Mr. RIGGS,

Mr. LIPINSKI, Mr. FRANKS of Connecticut, Mr. COX of California, Mr.

TALENT, Mrs. FOWLER, Mr. FRAZER, Mr. COOLEY, Mr. CHAMBLISS, Mr.

BEVILL, Mr. GREENWOOD, Mr. OBEY, Mr. BROWDER, Mrs. LINCOLN,

Mr. SISISKY, Mr. CREMEANS, Mr. BATEMAN, and Mr. MARTINI

Deleted sponsor: Mr. KIM (added August 4, 1995; deleted September 27,

1995)

MARCH 8, 1996

The Committees on Banking and Financial Services, Economic and Edu-
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cational Opportunities, National Security, and Ways and Means discharged; committed to the Committee of the Whole House on the State

of the Union, and ordered to be printed

A BILL

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.

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

3 SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION

4 AND NATIONALITY ACT; TABLE OF CON5 TENTS.

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

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

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

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

12 section or other provision, the reference shall be con-
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1 sidered to be made to that section or provision in the

2 Immigration and Nationality Act, and

3 (2) amendments to a section or other provision

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

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

6 amendment made to such section or other provision

7 elsewhere in this Act.

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

9 this Act is as follows:

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

contents.

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

Subtitle A—Improved Enforcement at Border

Sec. 101. Border patrol agents and support personnel.

Sec. 102. Improvement of barriers at border.

Sec. 103. Improved border equipment and technology.

Sec. 104. Improvement in border crossing identification card.

Sec. 105. Civil penalties for illegal entry.

Sec. 106. Prosecution of aliens repeatedly reentering the United States unlawfully.

Sec. 107. Inservice training for the Border Patrol.

Subtitle B—Pilot Programs

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

aliens.

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

Sec. 113. Pilot program to collect records of departing passengers.

Subtitle C—Interior Enforcement

Sec. 121. Increase in personnel for interior enforcement.

TITLE II—ENHANCED ENFORCEMENT AND PENALTIES AGAINST

ALIEN SMUGGLING; DOCUMENT FRAUD

Subtitle A—Enhanced Enforcement and Penalties Against Alien Smuggling

Sec. 201. Wiretap authority for alien smuggling investigations.

Sec. 202. Racketeering offenses relating to alien smuggling.

Sec. 203. Increased criminal penalties for alien smuggling.
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Sec. 204. Increased number of assistant United States attorneys.

Sec. 205. Undercover investigation authority.

Subtitle B—Deterrence of Document Fraud

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

documents.

Sec. 212. New civil penalties for document fraud.

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

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

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

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

contain reasonable basis in law or fact.

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

Subtitle C—Asset Forfeiture for Passport and Visa Offenses

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

Sec. 222. Subpoenas for bank records.

Sec. 223. Effective date.

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

ALIENS

Subtitle A—Revision of Procedures for Removal of Aliens

Sec. 300. Overview of changes in removal procedures.

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

as not admitted.

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

referral for hearing (revised section 235).

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

States (revised section 236).

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

240C).

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

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

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

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

Sec. 309. Effective dates; transition.

Subtitle B—Removal of Alien Terrorists

PART 1—REMOVAL PROCEDURES FOR ALIEN TERRORISTS

Sec. 321. Removal procedures for alien terrorists.

‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR ALIEN

TERRORISTS

‘‘Sec. 501. Definitions.

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

assist with classified information.

‘‘Sec. 503. Application for initiation of special removal proceeding.
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HR 2202 RH

‘‘Sec. 504. Consideration of application.

‘‘Sec. 505. Special removal hearings.

‘‘Sec. 506. Consideration of classified information.

‘‘Sec. 507. Appeals.

‘‘Sec. 508. Detention and custody.’’.

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

PART 2—INADMISSIBILITY AND DENIAL OF RELIEF FOR ALIEN TERRORISTS

Sec. 331. Membership in terrorist organization as ground of inadmissibility.

Sec. 332. Denial of relief for alien terrorists.

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

Sec. 341. Definition of stowaway.

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

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

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

Subtitle D—Additional Provisions

Sec. 351. Definition of conviction.

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

Sec. 353. Rescission of lawful permanent resident status.

Sec. 354. Civil penalties for failure to depart.

Sec. 355. Clarification of district court jurisdiction.

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

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

and visa fraud.

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

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

Sec. 360. Prisoner transfer treaties.

Sec. 361. Criminal alien identification system.

Sec. 362. Waiver of exclusion and deportation ground for certain section 274C

violators.

Sec. 363. Authorizing registration of aliens on criminal probation or criminal

parole.

TITLE IV—ENFORCEMENT OF RESTRICTIONS AGAINST

EMPLOYMENT

Sec. 401. Strengthened enforcement of the employer sanctions provisions.

Sec. 402. Strengthened enforcement of wage and hour laws.

Sec. 403. Changes in the employer sanctions program.

Sec. 404. Reports on earnings of aliens not authorized to work.

Sec. 405. Authorizing maintenance of certain information on aliens.

Sec. 406. Limiting liability for certain technical violations of paperwork requirements.

Sec. 407. Remedies in unfair immigration-related discrimination orders.

TITLE V—REFORM OF LEGAL IMMIGRATION SYSTEM

Sec. 500. Overview of new legal immigration system.

Subtitle A—Worldwide Numerical Limits

Sec. 501. Worldwide numerical limitation on family-sponsored immigrants.
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Sec. 502. Worldwide numerical limitation on employment-based immigrants.

Sec. 503. Establishment of numerical limitation on humanitarian immigrants.

Sec. 504. Requiring congressional review and reauthorization of worldwide levels every 5 years.

Subtitle B—Changes in Preference System

Sec. 511. Limitation of immediate relatives to spouses and children.

Sec. 512. Change in family-sponsored classification.

Sec. 513. Change in employment-based classification.

Sec. 514. Authorization to require periodic confirmation of classification petitions.

Sec. 515. Changes in special immigrant status.

Sec. 516. Requirements for removal of conditional status of entrepreneurs.

Sec. 517. Miscellaneous conforming amendments.

Subtitle C—Refugees, Asylees, Parole, and Humanitarian Admissions

Sec. 521. Changes in refugee annual admissions.

Sec. 522. Fixing numerical adjustments for asylees at 10,000 each year.

Sec. 523. Increased resources for reducing asylum application backlogs.

Sec. 524. Parole available only on a case-by-case basis for humanitarian reasons or significant public benefit.

Sec. 525. Admission of humanitarian immigrants.

Sec. 526. Asylum reform.

Subtitle D—General Effective Date; Transition Provisions

Sec. 551. General effective date.

Sec. 552. General transition for current classification petitions.

Sec. 553. Special transition for certain backlogged spouses and children of lawful permanent resident aliens.

Sec. 554. Special treatment of certain disadvantaged family first preference immigrants.

TITLE VI—RESTRICTIONS ON BENEFITS FOR ALIENS

Sec. 600. Statements of national policy concerning welfare and immigration.

Subtitle A—Eligibility of Illegal Aliens for Public Benefits

PART 1—PUBLIC BENEFITS GENERALLY

Sec. 601. Making illegal aliens ineligible for public assistance, contracts, and licenses.

Sec. 602. Making unauthorized aliens ineligible for unemployment benefits.

Sec. 603. General exceptions.

Sec. 604. Treatment of expenses subject to emergency medical services exception.

Sec. 605. Report on disqualification of illegal aliens from housing assistance

programs.

Sec. 606. Definitions.

Sec. 607. Regulations and effective dates.

PART 2—EARNED INCOME TAX CREDIT

Sec. 611. Earned income tax credit denied to individuals not authorized to be

employed in the United States.
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Subtitle B—Expansion of Disqualification from Immigration Benefits on the

Basis of Public Charge

Sec. 621. Ground for inadmissibility.

Sec. 622. Ground for deportability.

Subtitle C—Attribution of Income and Affidavits of Support

Sec. 631. Attribution of sponsor’s income and resources to family-sponsored immigrants.

Sec. 632. Requirements for sponsor’s affidavit of support.

TITLE VII—FACILITATION OF LEGAL ENTRY

Sec. 701. Additional land border inspectors; infrastructure improvements.

Sec. 702. Commuter lane pilot programs.

Sec. 703. Preinspection at foreign airports.

Sec. 704. Training of airline personnel in detection of fraudulent documents.

TITLE VIII—MISCELLANEOUS PROVISIONS

Sec. 801. Amended definition of aggravated felony.

Sec. 802. Amended definitions of ‘‘child’’ and ‘‘parent’’ to facilitate adoption of

children born out-of-wedlock.

Sec. 803. Authority to determine visa processing procedures.

Sec. 804. Waiver authority concerning notice of denial of application for visas.

Sec. 805. Treatment of Canadian landed immigrants.

Sec. 806. Changes relating to H–1B nonimmigrants.

Sec. 807. Validity of period of visas.

Sec. 808. Limitation on adjustment of status of individuals not lawfully present

in the United States.

Sec. 809. Limited access to certain confidential INS files.

Sec. 810. Nonimmigrant status for spouses and children of members of the

Armed Services.

Sec. 811. Commission report on fraud associated with birth certificates.

Sec. 812. Uniform vital statistics.

Sec. 813. Communication between State and local government agencies, and

the Immigration and Naturalization Service.

Sec. 814. Criminal alien reimbursement costs.

Sec. 815. Miscellaneous technical corrections.
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Title I, Subtitle A

HR 2202 RH

1 TITLE I—DETERRENCE OF ILLE2 GAL IMMIGRATION THROUGH

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

7 Subtitle A—Improved Enforcement

8 at Border

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

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

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

16 positions as of September 30, 1994.

17 (b) INCREASE IN SUPPORT PERSONNEL.—The num18 ber of full-time support positions for personnel in support

19 of border enforcement, investigation, detention and depor20 tation, intelligence, information and records, legal pro21 ceedings, and management and administration in the Im22 migration and Naturalization Service shall be increased,

23 beginning with fiscal year 1996, by 800 positions above

24 the number of equivalent positions as of September 30,

25 1994.
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Title I, Subtitle A

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1 (c) DEPLOYMENT OF NEW BORDER PATROL

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

3 extent practicable, ensure that the border patrol agents

4 hired pursuant to subsection (a) shall—

5 (1) be deployed among the various Immigration

6 and Naturalization Service sectors in proportion to

7 the level of illegal intrusion measured in each sector

8 during the preceding fiscal year and reasonably an9 ticipated in the next fiscal year, and

10 (2) be actively engaged in law enforcement ac11 tivities related to the illegal crossing of the borders

12 of the United States.

13 SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.

14 (a) IN GENERAL.—The Attorney General, in con15 sultation with the Commissioner of the Immigration and

16 Naturalization Service, shall take such actions as may be

17 necessary to install additional physical barriers and roads

18 (including the removal of obstacles to detection of illegal

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

20 deter unauthorized crossings in areas of high illegal entry

21 into the United States.

22 (b) CONSTRUCTION OF FENCING AND ROAD IM23 PROVEMENTS IN THE BORDER AREA NEAR SAN DIEGO,

24 CALIFORNIA.—
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Title I, Subtitle A

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

2 (a), the Attorney General shall provide for the con3 struction along the 14 miles of the international

4 land border of the United States, starting at the Pa5 cific Ocean and extending eastward, of second and

6 third fences, in addition to the existing reinforced

7 fence, and for roads between the fences.

8 (2) PROMPT ACQUISITION OF NECESSARY EASE9 MENTS.—The Attorney General shall promptly ac10 quire such easements as may be necessary to carry

11 out this subsection and shall commence construction

12 of fences immediately following such acquisition (or

13 conclusion of portions thereof).

14 (3) AUTHORIZATION OF APPROPRIATIONS.—

15 There are authorized to be appropriated to carry out

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

17 appropriated under this paragraph are authorized to

18 remain available until expended.

19 (c) WAIVER.—The provisions of the Endangered Spe20 cies Act of 1973 are waived to the extent the Attorney

21 General determines necessary to assure expeditious con22 struction of the barriers and roads under this section.

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

24 Attorney General shall forward deploy existing border pa25 trol agents in those areas of the border identified as areas
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Title I, Subtitle A

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

2 provide a uniform and visible deterrent to illegal entry on

3 a continuing basis.

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

5 enactment of this Act, the Attorney General shall submit

6 to the appropriate committees of Congress a report on the

7 progress and effectiveness of such forward deployments.

8 SEC. 103. IMPROVED BORDER EQUIPMENT AND TECH9 NOLOGY.

10 The Attorney General is authorized to acquire and

11 utilize, for the purpose of detection, interdiction, and re12 duction of illegal immigration into the United States, any

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

14 wing aircraft, helicopters, four-wheel drive vehicles, se15 dans, night vision goggles, night vision scopes, and sensor

16 units) determined available for transfer by any other agen17 cy of the Federal Government upon request of the Attor18 ney General.

19 SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTI20 FICATION CARD.

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

22 1101(a)(6)) is amended by adding at the end the follow23 ing: ‘‘Such regulations shall provide that (A) each such

24 document include a biometric identifier (such as the fin25 gerprint or handprint of the alien) that is machine read-
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Title I, Subtitle A

HR 2202 RH

1 able and (B) an alien presenting a border crossing identi2 fication card is not permitted to cross over the border into

3 the United States unless the biometric identifier contained

4 on the card matches the appropriate biometric characteris5 tic of the alien.’’.

6 (b) EFFECTIVE DATES.—

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

8 amendment made by subsection (a) shall apply to

9 documents issued on or after 6 months after the

10 date of the enactment of this Act.

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

12 cards presented on or after 18 months after the date

13 of the enactment of this Act.

14 (c) REPORT.—Not later than one year after the im15 plementation of clause (A) of the sentence added by the

16 amendment made by subsection (a) the Attorney General

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

18 clause on border crossing activities.

19 SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.

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

21 amended—

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

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

24 (2) by inserting after subsection (a) the follow25 ing new subsection:
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Title I, Subtitle A

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

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

3 other than as designated by immigration officers shall be

4 subject to a civil penalty of—

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

6 each such entry (or attempted entry), or

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

8 (1) in the case of for an alien who has been pre9 viously subject to a civil penalty under this sub10 section.

11 Civil penalties under this subsection are in addition to,

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

13 that may be imposed under this title.’’.

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

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

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

17 the date of the enactment of this Act.

18 SEC. 106. PROSECUTION OF ALIENS REPEATEDLY REEN19 TERING THE UNITED STATES UNLAWFULLY.

20 (a) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated to the Attorney General

22 such sums as may be necessary to provide for detention

23 and prosecution of each alien who commits an act that

24 constitutes a violation of section 275(a) of the Immigra25 tion and Nationality Act if the alien has committed such
15

Title I, Subtitle A

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1 an act on two previous occasions. Funds appropriated pur2 suant to this subsection are authorized to remain available

3 until expended.

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that the Attorney General should use available re6 sources to assure detention and prosecution of aliens in

7 the cases described in subsection (a).

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

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

10 amended by adding at the end the following new sub11 section:

12 ‘‘(e)(1) The Attorney General shall continue to pro13 vide for such programs (including intensive language

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

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

16 the public as will familiarize the personnel with the rights

17 and varied cultural backgrounds of aliens and citizens in

18 order to ensure and safeguard the constitutional and civil

19 rights, personal safety, and human dignity of all individ20 uals, aliens as well as citizens, within the jurisdiction of

21 the United States with whom such personnel have contact

22 in their work.

23 ‘‘(2) The Attorney General shall provide that the an24 nual report of the Service include a description of steps

25 taken to carry out paragraph (1).’’.
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Title I, Subtitle B

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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to the Attorney General

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

4 carry out the inservice training described in section 103(e)

5 of the Immigration and Nationality Act. The funds appro6 priated pursuant to this subsection are authorized to re7 main available until expended.

8 Subtitle B—Pilot Programs

9 SEC. 111. PILOT PROGRAM ON INTERIOR REPATRIATION

10 OF INADMISSIBLE OR DEPORTABLE ALIENS.

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

12 the date of the enactment of this Act, the Attorney Gen13 eral, after consultation with the Secretary of State, shall

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

15 for methods to deter multiple unauthorized entries by

16 aliens into the United States. The pilot program may in17 clude the development and use of interior repatriation,

18 third country repatriation, and other disincentives for

19 multiple unlawful entries into the United States.

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

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

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

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

25 program under this section and whether the pilot program
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Title I, Subtitle B

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1 or any part thereof should be extended or made perma2 nent.

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

4 BASES FOR THE DETENTION OF INADMIS5 SIBLE OR DEPORTABLE ALIENS.

6 (a) ESTABLISHMENT.—The Attorney General and

7 the Secretary of Defense shall establish one or more pilot

8 programs for up to 2 years each to determine the feasibil9 ity of the use of military bases available because of actions

10 under a base closure law as detention centers for the Im11 migration and Naturalization Service.

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

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

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

15 to the Committees on the Judiciary of the House of Rep16 resentatives and of the Senate, and the Committees on

17 Armed Services of the House of Representatives and of

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

19 under a base closure law as detention centers by the Immi20 gration and Naturalization Service.

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

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

23 (1) The Defense Base Closure and Realignment

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

25 101–510; 10 U.S.C. 2687 note).
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Title I, Subtitle B

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1 (2) Title II of the Defense Authorization

2 Amendments and Base Closure and Realignment

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

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

5 Code.

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

7 of the enactment of this Act.

8 SEC. 113. PILOT PROGRAM TO COLLECT RECORDS OF DE9 PARTING PASSENGERS.

10 (a) ESTABLISHMENT.—The Commissioner of the Im11 migration and Naturalization Service shall, within 180

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

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

14 record of departure for every alien departing the United

15 States and match the records of departure with the record

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

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

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

19 ports of entry with the heaviest volume of incoming traffic

20 from foreign territories.

21 (b) REPORT.—

22 (1) DEADLINE.—The Commissioner shall sub23 mit a report to Congress not later than 2 years after

24 the date the pilot program is implemented under

25 subsection (a).
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1 (2) INFORMATION.—The report shall include

2 the following information for each participating port

3 of entry:

4 (A) The number of departure records col5 lected, with an accounting by country of nation6 ality of the departing alien.

7 (B) The number of departure records that

8 were successfully matched to records of the

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

10 an accounting by the alien’s country of nation11 ality and by the alien’s classification as an im12 migrant or nonimmigrant.

13 (C) The number of aliens who arrived at

14 the port of entry as nonimmigrants classified

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

16 and Nationality Act, or as a visitor under sec17 tion 217 of the Immigration and Nationality

18 Act, for whom no matching departure record

19 has been obtained through the pilot program or

20 through other means, with an accounting by the

21 alien’s country of nationality and date of arrival

22 in the United States.

23 (D) The estimated cost of establishing a

24 national system to verify the departure from
20

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1 the United States of aliens admitted tempo2 rarily as nonimmigrants.

3 (3) RECOMMENDATIONS.—The report also shall

4 include specific recommendations for implementation

5 of the pilot program on a permanent basis.

6 (c) USE OF INFORMATION ON VISA OVERSTAYS.—In7 formation on instances of visa overstay identified through

8 the pilot program shall be integrated into appropriate data

9 bases of the Immigration and Naturalization Service and

10 the Department of State, including those used at ports

11 of entry and at consular offices.

12 Subtitle C—Interior Enforcement

13 SEC. 121. INCREASE IN PERSONNEL FOR INTERIOR EN14 FORCEMENT.

15 Subject to the availability of appropriations, the At16 torney General shall provide for an increase in the number

17 of investigators and enforcement personnel of the Immi18 gration and Naturalization Service who are deployed in

19 the interior so that the number of such personnel is ap20 proximately equal to the number of personnel of the Serv21 ice involved in enforcement at the border.
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1 TITLE II—ENHANCED ENFORCE2 MENT AND PENALTIES

3 AGAINST ALIEN SMUGGLING;

4 DOCUMENT FRAUD

5 Subtitle A—Enhanced Enforcement

6 and Penalties Against Alien

7 Smuggling

8 SEC. 201. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN9 VESTIGATIONS.

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

11 amended—

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

13 (n),

14 (2) by redesignating paragraph (o) as para15 graph (p), and

16 (3) by inserting after paragraph (n) the follow17 ing new paragraph:

18 ‘‘(o)(1) a felony violation of section 1028 (relat19 ing to production of false identification documenta20 tion), section 1541 (relating to passport issuance

21 without authority), section 1542 (relating to false

22 statements in passport applications), section 1543

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

24 1544 (relating to misuse of passport), section 1546
22

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

2 other documents) of this title; or

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

4 the Immigration and Nationality Act (relating to the

5 smuggling of aliens); or’’.

6 SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN

7 SMUGGLING.

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

9 amended—

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

11 fraud and related activity in connection with identi12 fication documents),’’ before ‘‘section 1029’’;

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

14 statement in application and use of passport), sec15 tion 1543 (relating to forgery or false use of pass16 port), section 1544 (relating to misuse of passport),

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

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

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

20 1513 (relating to retaliating against a witness, vic21 tim, or an informant),’’;

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

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

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

25 the Immigration and Nationality Act, section 274
23

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1 (relating to bringing in and harboring certain

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

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

4 278 (relating to importation of alien for immoral

5 purpose)’’.

6 SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN

7 SMUGGLING.

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

9 1324(a)(1)) is amended—

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

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

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

13 of commercial advantage or private financial gain,’’

14 after ‘‘subparagraph (A)(i)’’, and

15 (2) by adding at the end the following new sub16 paragraph:

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

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

19 acts described in—

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

21 title 18, United States Code, imprisoned not more

22 than 10 years, or both; or

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

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

25 Code, imprisoned not more than 5 years, or both.’’.
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1 (b) SMUGGLING OF ALIENS WHO WILL COMMIT

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

3 amended—

4 (1) in subparagraph (B)—

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

6 (ii),

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

8 (iii), and

9 (C) by inserting after clause (iii) the fol10 lowing:

11 ‘‘(iv) an offense committed with the

12 intent or with reason to believe that the

13 alien unlawfully brought into the United

14 States will commit an offense against the

15 United States or any State punishable by

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

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

18 through the period at the end and inserting the fol19 lowing: ‘‘be fined under title 18, United States Code,

20 and shall be imprisoned not less than 3 years or

21 more than 10 years.’’.

22 (c) APPLYING CERTAIN PENALTIES ON A PER ALIEN

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

24 amended by striking ‘‘for each transaction constituting a

25 violation of this paragraph, regardless of the number of
25

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

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

3 SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED

4 STATES ATTORNEYS.

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

6 States Attorneys that may be employed by the Depart7 ment of Justice for the fiscal year 1996 shall be increased

8 by 25 above the number of Assistant United States Attor9 neys that could be employed as of September 30, 1994.

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

11 additional positions described in subsection (a) shall be

12 specially trained to be used for the prosecution of persons

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

14 fraud, and other criminal statutes involving illegal aliens.

15 SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.

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

17 the end the following new section:

18 ‘‘UNDERCOVER INVESTIGATION AUTHORITY

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

20 undercover investigative operation of the Service which is

21 necessary for the detection and prosecution of crimes

22 against the United States—

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

24 used for leasing space within the United States and

25 the territories and possessions of the United States

26 without regard to the following provisions of law:
26

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1 ‘‘(A) section 3679(a) of the Revised Stat2 utes (31 U.S.C. 1341),

3 ‘‘(B) section 3732(a) of the Revised Stat4 utes (41 U.S.C. 11(a)),

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

6 1949 (63 Stat. 396; 41 U.S.C. 255),

7 ‘‘(D) the third undesignated paragraph

8 under the heading ‘Miscellaneous’ of the Act of

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

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

11 (31 U.S.C. 3324),

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

13 (41 U.S.C. 22), and

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

15 of the Federal Property and Administrative

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

17 254 (a) and (c));

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

19 used to establish or to acquire proprietary corpora20 tions or business entities as part of an undercover

21 operation, and to operate such corporations or busi22 ness entities on a commercial basis, without regard

23 to the provisions of section 304 of the Government

24 Corporation Control Act (31 U.S.C. 9102);
27

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

2 proceeds from the undercover operation, may be de3 posited in banks or other financial institutions with4 out regard to the provisions of section 648 of title

5 18, United States Code, and of section 3639 of the

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

7 ‘‘(4) the proceeds from the undercover oper8 ation may be used to offset necessary and reasonable

9 expenses incurred in such operation without regard

10 to the provisions of section 3617 of the Revised

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

12 The authority set forth in this subsection may be exercised

13 only upon written certification of the Commissioner, in

14 consultation with the Deputy Attorney General, that any

15 action authorized by paragraph (1), (2), (3), or (4) is nec16 essary for the conduct of the undercover operation.

17 ‘‘(b) DISPOSITION OF PROCEEDS NO LONGER RE18 QUIRED.—As soon as practicable after the proceeds from

19 an undercover investigative operation, carried out under

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

21 necessary for the conduct of the operation, the proceeds

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

23 be deposited into the Treasury of the United States as

24 miscellaneous receipts.
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1 ‘‘(c) DISPOSITION OF CERTAIN CORPORATIONS AND

2 BUSINESS ENTITIES.—If a corporation or business entity

3 established or acquired as part of an undercover operation

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

5 of over $50,000 is to be liquidated, sold, or otherwise dis6 posed of, the Service, as much in advance as the Commis7 sioner or Commissioner’s designee determines practicable,

8 shall report the circumstances to the Attorney General,

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

10 the Comptroller General. The proceeds of the liquidation,

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

12 be deposited in the Treasury of the United States as mis13 cellaneous receipts.

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

15 detailed financial audits of closed undercover operations

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

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

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

19 is amended by inserting after the item relating to section

20 293 the following:

‘‘Sec. 294. Undercover investigation authority.’’.
29

Title II, Subtitle B

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1 Subtitle B—Deterrence of

2 Document Fraud

3 SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDU4 LENT USE OF GOVERNMENT-ISSUED DOCU5 MENTS.

6 (a) FRAUD AND MISUSE OF GOVERNMENT-ISSUED

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

8 title 18, United States Code, is amended—

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

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

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

12 years’’;

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

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

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

16 (3) by redesignating paragraph (3) as para17 graph (5); and

18 (4) by inserting after paragraph (2) the follow19 ing new paragraphs:

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

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

22 committed to facilitate a drug trafficking crime (as

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

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

25 not more than 25 years, or both, if the offense is
30

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1 committed to facilitate an act of international terror2 ism (as defined in section 2331(1) of this title); or’’.

3 (b) CHANGES TO THE SENTENCING LEVELS.—Pur4 suant to section 944 of title 28, United States Code, and

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

6 States Sentencing Commission shall promulgate guide7 lines, or amend existing guidelines, relating to defendants

8 convicted of violating, or conspiring to violate, sections

9 1546(a) and 1028(a) of title 18, United States Code. The

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

11 States Sentencing Guidelines shall be increased to—

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

13 involved 100 or more documents;

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

15 involved 1,000 or more documents, or if the docu16 ments were used to facilitate any other criminal ac17 tivity described in section 212(a)(2)(A)(i)(II) of the

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

19 1182(a)(A)(i)(II)) or in section 101(a)(43) of such

20 Act; and

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

22 involved—

23 (A) the provision of documents to a person

24 known or suspected of engaging in a terrorist

25 activity (as such terms are defined in section
31

Title II, Subtitle B

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1 212(a)(3)(B) of the Immigration and National2 ity Act (8 U.S.C. 1182(a)(3)(B));

3 (B) the provision of documents to facilitate

4 a terrorist activity or to assist a person to en5 gage in terrorist activity (as such terms are de6 fined in section 212(a)(3)(B) of the Immigra7 tion and Nationality Act (8 U.S.C.

8 1182(a)(3)(B)); or

9 (C) the provision of documents to persons

10 involved in racketeering enterprises (as such

11 acts or activities are defined in section 1952 of

12 title 18, United States Code).

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

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

15 U.S.C. 1324c(a)) is amended—

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

17 (3);

18 (2) by striking the period at the end of para19 graph (4) and inserting ‘‘, or’’; and

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

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

22 information is false or does not relate to the appli23 cant, to prepare, to file, or to assist another in pre24 paring or filing, documents which are falsely made
32

Title II, Subtitle B

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1 for the purpose of satisfying a requirement of this

2 Act.

3 For purposes of this section, the term ‘falsely made’ in4 cludes, with respect to a document or application, the

5 preparation or provision of the document or application

6 with knowledge or in reckless disregard of the fact that

7 such document contains a false, fictitious, or fraudulent

8 statement or material representation, or has no basis in

9 law or fact, or otherwise fails to state a material fact per10 taining to the document or application.’’.

11 (b) CONFORMING AMENDMENTS FOR CIVIL PEN12 ALTIES.—Section 274C(d)(3) (8 U.S.C. 1324c(d)(3)) is

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

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

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

16 violation under subsection (a)’’.

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

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

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

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

21 Act.

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

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

24 enactment of this Act.
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1 SEC. 213. NEW CIVIL PENALTY FOR FAILURE TO PRESENT

2 DOCUMENTS.

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

4 1324c(a)), as amended by section 212(a), is further

5 amended—

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

7 (4);

8 (2) by striking the period at the end of para9 graph (5) and inserting ‘‘; or’’; and

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

11 paragraph:

12 ‘‘(6) to present before boarding a common car13 rier for the purpose of coming to the United States

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

15 enter the United States and to fail to present such

16 document to an immigration officer upon arrival at

17 a United States port of entry. The Attorney General

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

19 this section with respect to an alien who knowingly

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

21 under section 208 or withholding of deportation

22 under section 243(h).’’.

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

24 subsection (a) shall apply to individuals who board a com25 mon carrier on or after 30 days after the date of the enact26 ment of this Act.
34

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1 SEC. 214. NEW CRIMINAL PENALTIES FOR FAILURE TO DIS2 CLOSE ROLE AS PREPARER OF FALSE APPLI3 CATION FOR ASYLUM AND FOR PREPARING

4 CERTAIN POST-CONVICTION APPLICATIONS.

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

6 at the end the following new subsection:

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

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

10 to disclose the fact that the person, on behalf of an11 other person and for a fee or other remuneration,

12 has prepared or assisted in preparing an application

13 for asylum pursuant to section 208, or the regula14 tions promulgated thereunder and who knowingly

15 and willfully fails to disclose, conceals, or covers up

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

17 person shall—

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

19 more than 5 years, fined in accordance with

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

21 ‘‘(B) be prohibited from preparing or as22 sisting in preparing, regardless of whether for

23 a fee or other remuneration, any other such ap24 plication for a period of at least 5 years and not

25 more than 15 years.
35

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1 ‘‘(2) Whoever, having been convicted of a viola2 tion of paragraph (1), knowingly and willfully pre3 pares or assists in preparing an application for asy4 lum pursuant to section 208, or the regulations pro5 mulgated thereunder, regardless of whether for a fee

6 or other remuneration, in violation of paragraph

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

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

9 18, United States Code, or both, and prohibited

10 from preparing or assisting in preparing any other

11 such application.’’.

12 SEC. 215. CRIMINAL PENALTY FOR KNOWINGLY PRESENT13 ING DOCUMENT WHICH FAILS TO CONTAIN

14 REASONABLE BASIS IN LAW OR FACT.

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

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

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

18 any such false statement or which fails to contain any rea19 sonable basis in law or fact’’.

20 SEC. 216. CRIMINAL PENALTIES FOR FALSE CLAIM TO CITI21 ZENSHIP.

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

23 amended—

24 (1) by striking the dash at the end of para25 graph (d) and inserting ‘‘; or’’, and
36

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1 (2) by inserting after paragraph (d) the follow2 ing:

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

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

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

6 on behalf of himself, or any other person, any Federal ben7 efit or service, or to engage unlawfully in employment in

8 the United States—’’.

9 Subtitle C—Asset Forfeiture for

10 Passport and Visa Offenses

11 SEC. 221. CRIMINAL FORFEITURE FOR PASSPORT AND VISA

12 RELATED OFFENSES.

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

14 amended—

15 (1) in subsection (a), by inserting after para16 graph (5) the following new paragraph:

17 ‘‘(6) The court, in imposing sentence on a person con18 victed of a violation of, or conspiracy to violate, section

19 1541, 1542, 1543, 1544, or 1546 of this title, or a viola20 tion of, or conspiracy to violate, section 1028 of this title

21 if committed in connection with passport or visa issuance

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

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

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

25 the commission of, the violation, and any property con-
37

Title III, Subtitle A

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1 stituting, or derived from, or traceable to, any proceeds

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

3 such violation.’’, and

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

5 (a)(6)’’ after ‘‘(a)(2)’’.

6 SEC. 222. SUBPOENAS FOR BANK RECORDS.

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

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

9 1546,’’ before ‘‘1956’’.

10 SEC. 223. EFFECTIVE DATE.

11 The amendments made by this subtitle shall take ef12 fect on the first day of the first month that begins more

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

14 TITLE III—INSPECTION, APPRE15 HENSION, DETENTION, ADJU16 DICATION, AND REMOVAL OF

17 INADMISSIBLE AND DEPORT18 ABLE ALIENS

19 Subtitle A—Revision of Procedures

20 for Removal of Aliens

21 SEC. 300. OVERVIEW OF CHANGES IN REMOVAL PROCE22 DURES.

23 This subtitle amends the provisions of the Immigra24 tion and Nationality Act relating to procedures for inspec-
38

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

2 for the following:

3 (1) EXPEDITED REMOVAL FOR UNDOCUMENTED

4 ALIENS.—Aliens arriving without valid documents

5 are subject to an expedited removal process, without

6 an evidentiary hearing and subject to strictly limited

7 judicial review.

8 (2) NO REWARD FOR ILLEGAL ENTRANTS OR

9 VISA OVERSTAYERS.—No alien will gain immigration

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

12 eligible for most discretionary immigration benefits,

13 such as suspension of removal and work authoriza14 tion.

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

20 (4) SIMPLIFIED, SINGLE REMOVAL PROCEEDING

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

23 and deportation are consolidated into a simpler, sin24 gle procedure for removal of inadmissible and de25 portable aliens.
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1 (5) STREAMLINED JUDICIAL REVIEW.—Judicial

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

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

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

8 who are ordered removed are subject to civil money

9 penalties for failure to depart on time and if they

10 seek reentry they are subject to immediate removal

11 under the prior order.

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

16 on their claims.

17 (8) REORGANIZATION.—The provisions of the

18 Act are reorganized to provide a more logical pro19 gression from arrival and inspection through pro20 ceedings and removal.
40

Title III, Subtitle A

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1 SEC. 301. TREATING PERSONS PRESENT IN THE UNITED

2 STATES WITHOUT AUTHORIZATION AS NOT

3 ADMITTED.

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

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

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

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

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

12 or permitted to land temporarily as an alien crewman shall

13 not be considered to have been admitted.

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

17 the immigration laws unless the alien—

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

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

20 departed the United States,

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

22 under legal process seeking removal of the alien

23 from the United States, including removal proceed24 ings under this Act and extradition proceedings, or
41

Title III, Subtitle A

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

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

4 (b) INADMISSIBILITY OF ALIENS PRESENT WITHOUT

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

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

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

8 (8) the following new paragraph:

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

12 United States at any time or place other than as

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

15 (c) REVISION TO GROUND OF INADMISSIBILITY FOR

16 ILLEGAL ENTRANTS AND IMMIGRATION VIOLATORS.—

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

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

19 ‘‘(A) ALIENS PREVIOUSLY REMOVED.—

20 ‘‘(i) ARRIVING ALIENS.—Any alien

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

23 under section 240 initiated upon the

24 alien’s arrival in the United States and

25 who again seeks admission within 5 years
42

Title III, Subtitle A

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1 of the date of such removal is inadmissible,

2 unless prior to the alien’s reembarkation at

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

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

8 ‘‘(ii) OTHER ALIENS.—Any alien not

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

11 other provision of law and who again seeks

12 admission within 10 years of the date of

13 such removal (or within 20 years in the

14 case of an alien convicted of an aggravated

15 felony) is inadmissible, unless prior to the

16 alien’s reembarkation at a place outside

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

19 Attorney General has consented to the

20 alien’s reapplying for admission.

21 ‘‘(B) ALIENS PRESENT UNLAWFULLY FOR

22 MORE THAN 1 YEAR.—

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

24 unlawfully present in the United States for

25 an aggregate period totaling 1 year is in-
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1 admissible unless the alien has remained

2 outside the United States for a period of

3 10 years.

4 ‘‘(ii) EXCEPTIONS.—

5 ‘‘(I) MINORS.—No period of time

6 in which an alien is under 21 years of

7 age shall be taken into account in de8 termining the period of unlawful pres9 ence in the United States under

10 clause (i).

11 ‘‘(II) ASYLEES.—No period of

12 time in which an alien has a bona fide

13 application for asylum pending under

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

17 under clause (i).

18 ‘‘(iii) EXTENSION.—The Attorney

19 General may extend the period of 1 year

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

21 in the case of an alien who applies to the

22 Attorney General (before the alien has

23 been present unlawfully in the United

24 States for a period totaling 1 year) and es-
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1 tablishes to the satisfaction of the Attorney

2 General that—

3 ‘‘(I) the alien is not inadmissible

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

6 ‘‘(II) the failure to extend such

7 period would constitute an extreme

8 hardship for the alien.’’.

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

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

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

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

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

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

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

22 Any alien who is present in the United States

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

24 United States is deportable.’’.
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1 SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL

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

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

5 follows:

6 ‘‘INSPECTION BY IMMIGRATION OFFICERS; EXPEDITED

7 REMOVAL OF INADMISSIBLE ARRIVING ALIENS; RE8 FERRAL FOR HEARING

9 ‘‘SEC. 235. (a) INSPECTION.—

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

12 who has not been admitted or who arrives in the

13 United States (whether or not at a designated port

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

15 an applicant for admission.

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

17 stowaway is not eligible to apply for admission or to

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

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

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

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

25 ‘‘(4) WITHDRAWAL OF APPLICATION FOR AD26 MISSION.—An alien applying for admission may, in
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1 the discretion of the Attorney General and at any

2 time, be permitted to withdraw the application for

3 admission and depart immediately from the United

4 States.

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

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

10 applicant’s intended length of stay and whether the

11 applicant intends to remain permanently or become

12 a United States citizen, and whether the applicant

13 is inadmissible.

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

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

16 UNITED STATES.—

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

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

20 of entry) is inadmissible under section

21 212(a)(6)(C) or 212(a)(7) and—

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

24 or a fear of persecution, the officer shall

25 order the alien removed from the United
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1 States without further hearing or review;

2 or

3 ‘‘(ii) indicates an intention to apply

4 for asylum under section 208 or a fear of

5 persecution, the officer shall refer the alien

6 for an interview by an asylum officer under

7 subparagraph (B).

8 ‘‘(B) ASYLUM INTERVIEWS.—

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

11 conduct interviews of aliens referred under

12 subparagraph (A)(ii).

13 ‘‘(ii) REFERRAL OF CERTAIN

14 ALIENS.—If the officer determines at the

15 time of the interview that an alien has a

16 credible fear of persecution (within the

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

18 detained for further consideration of the

19 application for asylum.

20 ‘‘(iii) REMOVAL WITHOUT FURTHER

21 REVIEW IF NO CREDIBLE FEAR OF PERSE22 CUTION.—

23 ‘‘(I) IN GENERAL.—Subject to

24 subclause (II), if the officer deter25 mines that an alien does not have a
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1 credible fear of persecution, the officer

2 shall order the alien removed from the

3 United States without further hearing

4 or review.

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

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

11 determination under subclause (I).

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

15 interview described in this subparagraph to

16 aliens who may be eligible. An alien who is

17 eligible for such interview may consult with

18 a person or persons of the alien’s choosing

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

21 the Attorney General. Such consultation

22 shall be at no expense to the Government

23 and shall not delay the process.

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

3 than not that the statements made by the

4 alien in support of the alien’s claim are

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

6 possibility, in light of such statements and

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

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

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

13 subject to administrative appeal, except that the

14 Attorney General shall provide by regulation for

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

17 oath, or as permitted under penalty of perjury

18 under section 1746 of title 28, United States

19 Code, after having been warned of the penalties

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

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

24 In any action brought against an alien under

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

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

4 ‘‘(E) ASYLUM OFFICER DEFINED.—As

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

7 ‘‘(i) has had professional training in

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

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

11 meets the condition described in clause (i).

12 ‘‘(2) INSPECTION OF OTHER ALIENS.—

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), in the case of an alien who is an ap15 plicant for admission, if the examining immi16 gration officer determines that an alien seeking

17 admission is not clearly and beyond a doubt en18 titled to be admitted, the alien shall be detained

19 for a hearing under section 240.

20 ‘‘(B) EXCEPTION.—Subparagraph (A)

21 shall not apply to an alien—

22 ‘‘(i) who is a crewman,

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

24 or

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

2 of the examining immigration officer, if favorable to

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

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

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

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

11 If an immigration officer or an immigration judge

12 suspects that an alien who has not been admitted to

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

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

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

17 review under paragraph (2);

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

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

21 hearing until ordered by the Attorney General.

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

23 General shall review orders issued under paragraph

24 (1).

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

2 information that the alien is inadmissible under

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

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

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

9 safety, or security,

10 the Attorney General may order the alien removed

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

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

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

15 Attorney General shall specify the further inquiry or

16 hearing that shall be conducted in the case.

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

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

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

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

23 Immigration officers are authorized to board and

24 search any vessel, aircraft, railway car, or other con-
53

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1 veyance or vehicle in which they believe aliens are

2 being brought into the United States.

3 ‘‘(2) AUTHORITY TO ORDER DETENTION AND

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

7 consignee of a vessel or aircraft bringing an alien

8 (except an alien crewmember) to the United

9 States—

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

11 the airport of arrival, and

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

13 officer for inspection or to a medical officer for

14 examination.

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

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

19 from any person touching the privilege of any alien

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

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

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

3 power to require by subpoena the attendance and

4 testimony of witnesses before immigration officers

5 and the production of books, papers, and documents

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

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

11 the aid of any court of the United States.

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

13 the jurisdiction of which investigations or inquiries

14 are being conducted by an immigration officer may,

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

16 subpoena issued under this paragraph or refusal to

17 testify before an immigration officer, issue an order

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

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

21 such order of the court may be punished by the

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

2 LAWFULLY IN THE UNITED STATES (REVISED

3 SECTION 236).

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

5 amended to read as follows:

6 ‘‘APPREHENSION AND DETENTION OF ALIENS NOT

7 LAWFULLY IN THE UNITED STATES

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

10 an alien may be arrested and detained pending a decision

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

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

13 such decision, the Attorney General—

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

15 and

16 ‘‘(2) may release the alien on—

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

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

20 ‘‘(B) conditional parole; but

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

23 endorsement or other appropriate work permit), un24 less the alien is lawfully admitted for permanent res25 idence or otherwise would (without regard to re26 moval proceedings) be provided such authorization.
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1 ‘‘(b) REVOCATION OF BOND OR PAROLE.—The At2 torney General at any time may revoke a bond or parole

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

4 the original warrant, and detain the alien.

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

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

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

12 whether the alien may be arrested or imprisoned

13 again for the same offense.

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

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

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

19 safety of other persons or of property and is

20 likely to appear for any scheduled proceeding;

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

22 the United States, cannot be removed because

23 the designated country of removal will not ac24 cept the alien, and satisfies the Attorney Gen25 eral that the alien will not pose a danger to the
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1 safety of other persons or of property and is

2 likely to appear for any scheduled proceeding;

3 or

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

6 Code, that release of the alien from custody is

7 necessary to provide protection to a witness, a

8 potential witness, a person cooperating with an

9 investigation into major criminal activity, or an

10 immediate family member or close associate of

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

13 A decision relating to such release shall take place

14 in accordance with a procedure that considers the

15 severity of the offense committed by the alien.

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

18 devise and implement a system—

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

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

21 investigative resources of the Service to determine

22 whether individuals arrested by such authorities for

23 aggravated felonies are aliens;

24 ‘‘(B) to designate and train officers and em25 ployees of the Service to serve as a liaison to Fed-
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1 eral, State, and local law enforcement and correc2 tional agencies and courts with respect to the arrest,

3 conviction, and release of any alien charged with an

4 aggravated felony; and

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

8 removed.

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

10 made available—

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

15 States, and

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

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

18 (b) INCREASE IN INS DETENTION FACILITIES.—

19 Subject to the availability of appropriations, the Attorney

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

22 at least 9,000 beds by fiscal year 1997.
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1 SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF RE2 MOVAL AND ADJUSTMENT OF STATUS; VOL3 UNTARY DEPARTURE (REVISED AND NEW

4 SECTIONS 239 TO 240C).

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

6 (1) by redesignating section 239 as section 234

7 and by moving such section to immediately follow

8 section 233;

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

10 1230) as section 240C; and

11 (3) by inserting after section 238 the following

12 new sections:

13 ‘‘INITIATION OF REMOVAL PROCEEDINGS

14 ‘‘SEC. 239. (a) NOTICE TO APPEAR.—

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

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

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

19 practicable, through service by mail to the alien or

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

21 following:

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

23 the alien.

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

25 proceedings are conducted.
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1 ‘‘(C) The acts or conduct alleged to be in

2 violation of law.

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

4 statutory provisions alleged to have been vio5 lated.

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

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

9 (b)(1) and (B) a current list of counsel pre10 pared under subsection (b)(2).

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

12 must immediately provide (or have provided)

13 the Attorney General with a written record of

14 an address and telephone number (if any) at

15 which the alien may be contacted respecting

16 proceedings under section 240.

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

18 provide the Attorney General immediately with

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

21 ‘‘(iii) The consequences under section

22 240(b)(5) of failure to provide address and tele23 phone information pursuant to this subpara24 graph.
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1 ‘‘(G)(i) The time and place at which the

2 proceedings will be held.

3 ‘‘(ii) The consequences under section

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

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

8 PROCEEDINGS.—

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

11 change or postponement in the time and place

12 of such proceedings, subject to subparagraph

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

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

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

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

20 ‘‘(ii) the consequences under section

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

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

25 not in detention, a written notice shall not be
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1 required under this paragraph if the alien has

2 failed to provide the address required under

3 paragraph (1)(F).

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

5 General shall create a system to record and preserve

6 on a timely basis notices of addresses and telephone

7 numbers (and changes) provided under paragraph

8 (1)(F).

9 ‘‘(b) SECURING OF COUNSEL.—

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

11 permitted the opportunity to secure counsel before

12 the first hearing date in proceedings under section

13 240, the hearing date shall not be scheduled earlier

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

16 hearing date.

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

19 often than quarterly) of persons who have indicated

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

23 made generally available.

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

25 section shall be sufficient if there is proof of attempted
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1 delivery to the last address provided by the alien in accord2 ance with subsection (a)(1)(F).

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

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

5 makes the alien deportable, the Attorney General shall

6 begin any removal proceeding as expeditiously as possible

7 after the date of the conviction.

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

9 create any substantive or procedural right or benefit that

10 is legally enforceable by any party against the United

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

12 ‘‘REMOVAL PROCEEDINGS

13 ‘‘SEC. 240. (a) PROCEEDING.—

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

15 conduct proceedings for deciding the inadmissibility

16 or deportability of an alien.

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

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

20 any applicable ground of deportability under section

21 237(a).

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

24 section shall be the sole and exclusive procedure for

25 determining whether an alien may be admitted to

26 the United States or, if the alien has been so admit-
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1 ted, removed from the United States. Nothing in

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

4 ‘‘(b) CONDUCT OF PROCEEDING.—

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

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

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

12 prescribed by the Attorney General) to sanction by

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

15 under this Act.

16 ‘‘(2) FORM OF PROCEEDING.—

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

18 take place—

19 ‘‘(i) in person,

20 ‘‘(ii) through video conference, or

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

22 through telephone conference.

23 ‘‘(B) CONSENT REQUIRED IN CERTAIN

24 CASES.—An evidentiary hearing on the merits

25 may only be conducted through a telephone con-
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1 ference with the consent of the alien involved

2 after the alien has been advised of the right to

3 proceed in person or through video conference.

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

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

8 rights and privileges of the alien.

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

11 Attorney General—

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

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

15 authorized to practice in such proceedings,

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

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

20 by the Government, and

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

22 testimony and evidence produced at the pro23 ceeding.

24 ‘‘(5) CONSEQUENCES OF FAILURE TO AP25 PEAR.—
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1 ‘‘(A) IN GENERAL.—Any alien who, after

2 written notice required under paragraph (1) or

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

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

5 attend a proceeding under this section, shall be

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

8 evidence that the written notice was so provided

9 and that the alien is removable (as defined in

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

11 Attorney General shall be considered sufficient

12 for purposes of this subparagraph if provided at

13 the most recent address provided under section

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

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

16 ADDRESS INFORMATION.—No written notice

17 shall be required under subparagraph (A) if the

18 alien has failed to provide the address required

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

20 ‘‘(C) RESCISSION OF ORDER.—Such an

21 order may be rescinded only—

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

23 within 180 days after the date of the order

24 of removal if the alien demonstrates that

25 the failure to appear was because of excep-
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1 tional circumstances (as defined in sub2 section (e)(1)), or

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

4 any time if the alien demonstrates that the

5 alien did not receive notice in accordance

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

7 or the alien demonstrates that the alien

8 was in Federal or State custody and did

9 not appear through no fault of the alien.

10 The filing of the motion to reopen described in

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

12 alien pending disposition of the motion.

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

14 petition for review under section 242 of an

15 order entered in absentia under this paragraph

16 shall (except in cases described in section

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

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

19 the alien’s not attending the proceeding, and

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

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

22 The Attorney General shall, by regulation—

23 ‘‘(A) define in a proceeding before an im24 migration judge or before an appellate adminis-
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1 trative body under this title, frivolous behavior

2 for which attorneys may be sanctioned,

3 ‘‘(B) specify the circumstances under

4 which an administrative appeal of a decision or

5 ruling will be considered frivolous and will be

6 summarily dismissed, and

7 ‘‘(C) impose appropriate sanctions (which

8 may include suspension and disbarment) in the

9 case of frivolous behavior.

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

12 actions with respect to inappropriate behavior.

13 ‘‘(7) LIMITATION ON DISCRETIONARY RELIEF

14 FOR FAILURE TO APPEAR.—Any alien against whom

15 a final order of removal is entered in absentia under

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

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

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

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

21 of the consequences under this paragraph of failing,

22 other than because of exceptional circumstances (as

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

24 under this section, shall not be eligible for relief

25 under section 240A, 240B, 245, 248, or 249 for a
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1 period of 10 years after the date of the entry of the

2 final order of removal.

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

4 ‘‘(1) DECISION.—

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

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

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

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

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

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

15 which would make the alien inadmissible under

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

17 the immigration judge shall be based solely

18 upon such certification.

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

20 the alien has the burden of establishing—

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

23 entitled to be admitted and is not inadmissible

24 under section 212; or
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1 ‘‘(B) by clear and convincing evidence, that

2 the alien is lawfully present in the United

3 States pursuant to a prior admission.

4 In meeting the burden of proof under subparagraph

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

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

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

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

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

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

16 unless it is based upon reasonable, substantial, and

17 probative evidence.

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

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

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

24 ‘‘(5) MOTIONS TO RECONSIDER.—
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1 ‘‘(A) IN GENERAL.—The alien may file one

2 motion to reconsider a decision that the alien is

3 removable from the United States.

4 ‘‘(B) DEADLINE.—The motion must be

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

6 final administrative order of removal.

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

9 and shall be supported by pertinent authority.

10 ‘‘(6) MOTIONS TO REOPEN.—

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

12 motion to reopen proceedings under this sec13 tion.

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

15 shall state the new facts that will be proven at

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

17 and shall be supported by affidavits or other

18 evidentiary material.

19 ‘‘(C) DEADLINE.—

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

22 reopen shall be filed within 90 days of the

23 date of entry of a final administrative

24 order of removal.
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1 ‘‘(ii) ASYLUM.—There is no time limit

2 on the filing of a motion to reopen if the

3 basis of the motion is to apply for relief

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

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

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

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

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

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

17 failure to appear for proceedings under

18 this section and the alien establishes that

19 the alien’s failure to appear was because of

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

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

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

25 shall provide by regulation for the entry by an immigration
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1 judge of an order of removal stipulated to by the alien

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

4 the alien’s removability from the United States.

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

6 240A:

7 ‘‘(1) EXCEPTIONAL CIRCUMSTANCES.—The

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

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

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

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

14 means—

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

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

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

19 the United States, that the alien is deportable

20 under section 237.

21 ‘‘CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS

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

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

25 inadmissible or deportable from the United States if the

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

2 permanent residence for not less than 5 years,

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

5 status, and

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

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

9 of at least 5 years.

10 ‘‘(b) CANCELLATION OF REMOVAL AND ADJUSTMENT

11 OF STATUS FOR CERTAIN NONPERMANENT RESI12 DENTS.—

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

14 cancel removal in the case of an alien is deportable

15 from the United States if the alien—

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

17 United States for a continuous period of not

18 less than 7 years since being admitted to the

19 United States;

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

21 character during such period;

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

24 ‘‘(D) establishes that removal would result

25 in extreme hardship to the alien or to the
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1 alien’s spouse, parent, or child, who is a citizen

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

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

5 CHILD.—The Attorney General may cancel removal

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

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

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

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

15 United States by such citizen or permanent

16 resident parent);

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

18 United States for a continuous period of not

19 less than 3 years immediately preceding the

20 date of such application;

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

22 character during such period;

23 ‘‘(D) is not inadmissible under paragraph

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

25 under paragraph (1)(G) or (2) through (4) of
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1 section 237, and has not been convicted of an

2 aggravated felony; and

3 ‘‘(E) establishes that removal would result

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

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

6 to the alien’s parent.

7 In acting on applications under this paragraph, the

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

10 of what evidence is credible and the weight to be

11 given that evidence shall be within the sole discretion

12 of the Attorney General.

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

14 General may adjust to the status of an alien lawfully

15 admitted for permanent residence any alien who the

16 Attorney General determines meets the requirements

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

18 record the alien’s lawful admission for permanent

19 residence as of the date the Attorney General’s can20 cellation of removal under paragraph (1) or (2) or

21 determination under this paragraph.

22 ‘‘(c) ALIENS INELIGIBLE FOR RELIEF.—The provi23 sions of subsections (a) and (b)(1) shall not apply to any

24 of the following aliens:
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1 ‘‘(1) An alien who entered the United States as

2 a crewman subsequent to June 30, 1964.

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

4 States as a visitor for business or pleasure under

5 section 101(a)(15)(B) or as a student under section

6 101(a)(15)(F) or 101(a)(15)(M), unless the alien

7 has adjusted status to that of an alien lawfully ad8 mitted for permanent residence.

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

10 States as a nonimmigrant exchange alien as defined

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

12 of such a nonimmigrant exchange alien after admis13 sion, in order to receive graduate medical education

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

15 subject to or has fulfilled the two-year foreign resi16 dence requirement of section 212(e).

17 ‘‘(4) An alien who—

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

19 a nonimmigrant exchange alien as defined in

20 section 101(a)(15)(J) or has acquired the sta21 tus of such a nonimmigrant exchange alien

22 after admission other than to receive graduate

23 medical education or training,

24 ‘‘(ii) is subject to the two-year foreign resi25 dence requirement of section 212(e), and
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1 ‘‘(iii) has not fulfilled that requirement or

2 received a waiver thereof.

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

4 212(a)(3) or deportable under subparagraph (B) or

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

6 ‘‘(d) SPECIAL RULES RELATING TO CONTINUOUS

7 RESIDENCE OR PHYSICAL PRESENCE.—

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

9 For purposes of this section, any period of continu10 ous residence or continuous physical presence in the

11 United States shall be deemed to end when the alien

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

13 ‘‘(2) TREATMENT OF CERTAIN BREAKS IN

14 PRESENCE.—An alien shall be considered to have

15 failed to maintain continuous physical presence in

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

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

18 States for any continuous period exceeding 90 days

19 or for any periods in the aggregate exceeding 180

20 days.

21 ‘‘(3) CONTINUITY NOT REQUIRED BECAUSE OF

22 HONORABLE SERVICE IN ARMED FORCES AND PRES23 ENCE UPON ENTRY INTO SERVICE.—The require24 ments of continuous residence or continuous physical
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1 presence in the United States under subsections (a)

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

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

4 24 months in an active-duty status in the

5 Armed Forces of the United States and, if sep6 arated from such service, was separated under

7 honorable conditions, and

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

9 or induction was in the United States.

10 ‘‘VOLUNTARY DEPARTURE

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

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

13 permit an alien voluntarily to depart the United

14 States at the alien’s own expense under this sub15 section, in lieu of being subject to proceedings under

16 section 240 or prior to the completion of such pro17 ceedings, if the alien is not deportable under section

18 237(a)(2)(A)(iii) or section 237(a)(4)(B).

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

20 under this subsection shall not be valid for a period

21 exceeding 120 days.

22 ‘‘(3) BOND.—The Attorney General may re23 quire an alien permitted to depart voluntarily under

24 this subsection to post a voluntary departure bond,

25 to be surrendered upon proof that the alien has de26 parted the United States within the time specified.
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1 ‘‘(4) TREATMENT OF ALIENS ARRIVING IN THE

2 UNITED STATES.—In the case of an alien who is ar3 riving in the United States and with respect to

4 whom proceedings under section 240 are (or would

5 otherwise be) initiated at the time of such alien’s ar6 rival, paragraph (1) shall not apply. Nothing in this

7 paragraph shall be construed as preventing such an

8 alien from withdrawing the application for admission

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

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

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

12 permit an alien voluntarily to depart the United

13 States at the alien’s own expense if, at the conclu14 sion of a proceeding under section 240, the immigra15 tion judge enters an order granting voluntary depar16 ture in lieu of removal and finds that—

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

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

19 year immediately preceding the date the notice

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

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

22 of good moral character for at least 5 years im23 mediately preceding the alien’s application for

24 voluntary departure;
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1 ‘‘(C) the alien is not deportable under sec2 tion 237(a)(2)(A)(iii) or section 237(a)(4); and

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

4 convincing evidence that the alien has the

5 means to depart the United States and intends

6 to do so.

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

8 under this subsection shall not be valid for a period

9 exceeding 60 days.

10 ‘‘(3) BOND.—An alien permitted to depart vol11 untarily under this subsection shall be required to

12 post a voluntary departure bond, in an amount nec13 essary to ensure that the alien will depart, to be sur14 rendered upon proof that the alien has departed the

15 United States within the time specified.

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

17 shall not permit an alien to depart voluntarily under this

18 section if the alien was previously permitted to so depart

19 after having been found inadmissible under section

20 212(a)(9).

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

22 If an alien is permitted to depart voluntarily under this

23 section and fails voluntarily to depart the United States

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

25 to a civil penalty of not less than $1,000 and not more
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1 than $5,000, and be ineligible for a period of 10 years

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

3 245, 248, and 249.

4 ‘‘(e) ADDITIONAL CONDITIONS.—The Attorney Gen5 eral may by regulation limit eligibility for voluntary depar6 ture under this section for any class or classes of aliens.

7 ‘‘(f) APPEALS OF DENIALS.—An alien may appeal

8 from denial of a request for an order of voluntary depar9 ture under subsection (b) in accordance with the proce10 dures in section 242. Notwithstanding the pendency of

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

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

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

14 appeal.’’.

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

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

17 SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED

18 REMOVED (NEW SECTION 241).

19 (a) IN GENERAL.—Title II is further amended—

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

21 (2) by redesignating section 241 as section 237

22 and by moving such section to immediately follow

23 section 236, and
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1 (3) by inserting after section 240C (as redesig2 nated by section 304(a)(2)) the following new sec3 tion:

4 ‘‘DETENTION AND REMOVAL OF ALIENS ORDERED

5 REMOVED

6 ‘‘SEC. 241. (a) DETENTION, RELEASE, AND RE7 MOVAL OF ALIENS ORDERED REMOVED.—

8 ‘‘(1) REMOVAL PERIOD.—

9 ‘‘(A) IN GENERAL.—Except as otherwise

10 provided in this section, when an alien is or11 dered removed, the Attorney General shall re12 move the alien from the United States within a

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

14 the ‘removal period’).

15 ‘‘(B) BEGINNING OF PERIOD.—The re16 moval period begins on the latest of the follow17 ing:

18 ‘‘(i) The date the order of removal be19 comes administratively final.

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

21 reviewed and such review serves to stay the

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

23 final order.

24 ‘‘(iii) If the alien is detained or con25 fined (except under an immigration proc-
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1 ess), the date the alien is released from de2 tention or confinement.

3 ‘‘(C) SUSPENSION OF PERIOD.—The re4 moval period shall be extended beyond a period

5 of 90 days and the alien may remain in deten6 tion during such extended period if the alien

7 willfully fails or refuses to make timely applica8 tion in good faith for travel or other documents

9 necessary to the alien’s departure or conspires

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

11 an order of removal.

12 ‘‘(2) DETENTION AND RELEASE BY THE ATTOR13 NEY GENERAL.—During the removal period, the At14 torney General shall detain the alien. If there is in15 sufficient detention space to detain the alien, the At16 torney General shall make a specific finding to this

17 effect and may release the alien on a bond contain18 ing such conditions as the Attorney General may

19 prescribe.

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

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

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

23 subject to supervision under regulations prescribed

24 by the Attorney General. The regulations shall in25 clude provisions requiring the alien—
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1 ‘‘(A) to appear before an immigration offi2 cer periodically for identification;

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

4 and psychiatric examination at the expense of

5 the United States Government;

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

7 the alien’s nationality, circumstances, habits,

8 associations, and activities, and other informa9 tion the Attorney General considers appro10 priate; and

11 ‘‘(D) to obey reasonable written restric12 tions on the alien’s conduct or activities that

13 the Attorney General prescribes for the alien.

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

15 PAROLE, SUPERVISED RELEASE, OR PROBATION.—

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

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

18 General may not remove an alien who is sentenced

19 to imprisonment until the alien is released from im20 prisonment. Parole, supervised release, probation, or

21 possibility of arrest or further imprisonment is not

22 a reason to defer removal.

23 ‘‘(5) REINSTATEMENT OF REMOVAL ORDERS

24 AGAINST ALIENS ILLEGALLY REENTERING.—If the

25 Attorney General finds that an alien has reentered
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1 the United States illegally after having been removed

2 or having departed voluntarily, under an order of re3 moval, the prior order of removal is reinstated from

4 its original date and is not subject to being reopened

5 or reviewed, and the alien shall be removed under

6 the prior order at any time after the reentry.

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

8 removed who is inadmissible under section 212 may

9 be detained beyond the removal period and, if re10 leased, shall be subject to the terms of supervision

11 in paragraph (3).

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

13 ordered removed shall be eligible to receive author14 ization to be employed in the United States unless

15 the Attorney General makes a specific finding that—

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

17 the refusal of all countries designated by the

18 alien or under this section to receive the alien,

19 or

20 ‘‘(B) the removal of the alien is otherwise

21 impracticable or contrary to the public interest.

22 ‘‘(b) COUNTRIES TO WHICH ALIENS MAY BE RE23 MOVED.—

24 ‘‘(1) ALIENS ARRIVING AT THE UNITED

25 STATES.—Subject to paragraph (3)—
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1 ‘‘(A) IN GENERAL.—Except as provided by

2 subparagraphs (B) and (C), an alien who ar3 rives at the United States and with respect to

4 whom proceedings under section 240 were initi5 ated at the time of such alien’s arrival shall be

6 removed to the country in which the alien

7 boarded the vessel or aircraft on which the alien

8 arrived in the United States.

9 ‘‘(B) TRAVEL FROM CONTIGUOUS TERRI10 TORY.—If the alien boarded the vessel or air11 craft on which the alien arrived in the United

12 States in a foreign territory contiguous to the

13 United States, an island adjacent to the United

14 States, or an island adjacent to a foreign terri15 tory contiguous to the United States, and the

16 alien is not a native, citizen, subject, or national

17 of, or does not reside in, the territory or island,

18 removal shall be to the country in which the

19 alien boarded the vessel that transported the

20 alien to the territory or island.

21 ‘‘(C) ALTERNATIVE COUNTRIES.—If the

22 government of the country designated in sub23 paragraph (A) or (B) is unwilling to accept the

24 alien into that country’s territory, removal shall
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1 be to any of the following countries, as directed

2 by the Attorney General:

3 ‘‘(i) The country of which the alien is

4 a citizen, subject, or national.

5 ‘‘(ii) The country in which the alien

6 was born.

7 ‘‘(iii) The country in which the alien

8 has a residence.

9 ‘‘(iv) A country with a government

10 that will accept the alien into the country’s

11 territory if removal to each country de12 scribed in a previous clause of this sub13 paragraph is impracticable, inadvisable, or

14 impossible.

15 ‘‘(2) OTHER ALIENS.—Subject to paragraph

16 (3)—

17 ‘‘(A) SELECTION OF COUNTRY BY

18 ALIEN.—Except as otherwise provided in this

19 paragraph—

20 ‘‘(i) any alien not described in para21 graph (1) who has been ordered removed

22 may designate one country to which the

23 alien wants to be removed, and
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1 ‘‘(ii) the Attorney General shall re2 move the alien to the country the alien so

3 designates.

4 ‘‘(B) LIMITATION ON DESIGNATION.—An

5 alien may designate under subparagraph (A)(i)

6 a foreign territory contiguous to the United

7 States, an adjacent island, or an island adja8 cent to a foreign territory contiguous to the

9 United States as the place to which the alien is

10 to be removed only if the alien is a native, citi11 zen, subject, or national of, or has resided in,

12 that designated territory or island.

13 ‘‘(C) DISREGARDING DESIGNATION.—The

14 Attorney General may disregard a designation

15 under subparagraph (A)(i) if—

16 ‘‘(i) the alien fails to designate a

17 country promptly;

18 ‘‘(ii) the government of the country

19 does not inform the Attorney General fi20 nally, within 1 month after the date the

21 Attorney General first inquires, whether

22 the government will accept the alien into

23 the country;
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1 ‘‘(iii) the government of the country is

2 not willing to accept the alien into the

3 country; or

4 ‘‘(iv) the Attorney General decides

5 that removing the alien to the country is

6 prejudicial to the United States.

7 ‘‘(D) ALTERNATIVE COUNTRY.—If an alien

8 is not removed to a country designated under

9 subparagraph (A)(i), the Attorney General shall

10 remove the alien to a country of which the alien

11 is a subject, national, or citizen unless the gov12 ernment of the country—

13 ‘‘(i) does not inform the Attorney

14 General or the alien finally, within 1

15 month after the date the Attorney General

16 first inquires or within another period of

17 time the Attorney General decides is rea18 sonable, whether the government will ac19 cept the alien into the country; or

20 ‘‘(ii) is not willing to accept the alien

21 into the country.

22 ‘‘(E) ADDITIONAL REMOVAL COUNTRIES.—

23 If an alien is not removed to a country under

24 the previous subparagraphs of this paragraph,
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1 the Attorney General shall remove the alien to

2 any of the following countries:

3 ‘‘(i) The country from which the alien

4 was admitted to the United States.

5 ‘‘(ii) The country in which is located

6 the foreign port from which the alien left

7 for the United States or for a foreign terri8 tory contiguous to the United States.

9 ‘‘(iii) A country in which the alien re10 sided before the alien entered the country

11 from which the alien entered the United

12 States.

13 ‘‘(iv) The country in which the alien

14 was born.

15 ‘‘(v) The country that had sovereignty

16 over the alien’s birthplace when the alien

17 was born.

18 ‘‘(vi) The country in which the alien’s

19 birthplace is located when the alien is or20 dered removed.

21 ‘‘(vii) If impracticable, inadvisable, or

22 impossible to remove the alien to each

23 country described in a previous clause of

24 this subparagraph, another country whose
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1 government will accept the alien into that

2 country.

3 ‘‘(F) REMOVAL COUNTRY WHEN UNITED

4 STATES IS AT WAR.—When the United States is

5 at war and the Attorney General decides that it

6 is impracticable, inadvisable, inconvenient, or

7 impossible to remove an alien under this sub8 section because of the war, the Attorney Gen9 eral may remove the alien—

10 ‘‘(i) to the country that is host to a

11 government in exile of the country of which

12 the alien is a citizen or subject if the gov13 ernment of the host country will permit the

14 alien’s entry; or

15 ‘‘(ii) if the recognized government of

16 the country of which the alien is a citizen

17 or subject is not in exile, to a country, or

18 a political or territorial subdivision of a

19 country, that is very near the country of

20 which the alien is a citizen or subject, or,

21 with the consent of the government of the

22 country of which the alien is a citizen or

23 subject, to another country.

24 ‘‘(c) REMOVAL OF ALIENS ARRIVING AT PORT OF

25 ENTRY.—
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1 ‘‘(1) VESSELS AND AIRCRAFT.—An alien arriv2 ing at a port of entry of the United States who is

3 ordered removed either without a hearing under sec4 tion 235(a)(1) or 235(c) or pursuant to proceedings

5 under section 240 initiated at the time of such

6 alien’s arrival shall be removed immediately on a

7 vessel or aircraft owned by the owner of the vessel

8 or aircraft on which the alien arrived in the United

9 States, unless—

10 ‘‘(A) it is impracticable to remove the alien

11 on one of those vessels or aircraft within a rea12 sonable time, or

13 ‘‘(B) the alien is a stowaway—

14 ‘‘(i) who has been ordered removed in

15 accordance with section 235(a)(1),

16 ‘‘(ii) who has requested asylum, and

17 ‘‘(iii) whose application has not been

18 adjudicated or whose asylum application

19 has been denied but who has not exhausted

20 all appeal rights.

21 ‘‘(2) STAY OF REMOVAL.—

22 ‘‘(A) IN GENERAL.—The Attorney General

23 may stay the removal of an alien under this

24 subsection if the Attorney General decides

25 that—
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1 ‘‘(i) immediate removal is not prac2 ticable or proper; or

3 ‘‘(ii) the alien is needed to testify in

4 the prosecution of a person for a violation

5 of a law of the United States or of any

6 State.

7 ‘‘(B) PAYMENT OF DETENTION COSTS.—

8 During the period an alien is detained because

9 of a stay of removal under subparagraph

10 (A)(ii), the Attorney General may pay from the

11 appropriation ‘Immigration and Naturalization

12 Service—Salaries and Expenses’—

13 ‘‘(i) the cost of maintenance of the

14 alien; and

15 ‘‘(ii) a witness fee of $1 a day.

16 ‘‘(C) RELEASE DURING STAY.—The Attor17 ney General may release an alien whose removal

18 is stayed under subparagraph (A)(ii) on—

19 ‘‘(i) the alien’s filing a bond of at

20 least $500 with security approved by the

21 Attorney General;

22 ‘‘(ii) condition that the alien appear

23 when required as a witness and for re24 moval; and
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1 ‘‘(iii) other conditions the Attorney

2 General may prescribe.

3 ‘‘(3) COSTS OF DETENTION AND MAINTENANCE

4 PENDING REMOVAL.—

5 ‘‘(A) IN GENERAL.—Except as provided in

6 subparagraph (B) and paragraph (4), an owner

7 of a vessel or aircraft bringing an alien to the

8 United States shall pay the costs of detaining

9 and maintaining the alien—

10 ‘‘(i) while the alien is detained under

11 subsection (d)(1), and

12 ‘‘(ii) in the case of an alien who is a

13 stowaway, while the alien is being detained

14 pursuant to subsection (d)(2)(A) or

15 (d)(2)(B)(ii).

16 ‘‘(B) NONAPPLICATION.—Subparagraph

17 (A) shall not apply if—

18 ‘‘(i) the alien is a crewmember;

19 ‘‘(ii) the alien has an immigrant visa;

20 ‘‘(iii) the alien has a nonimmigrant

21 visa or other documentation authorizing

22 the alien to apply for temporary admission

23 to the United States and applies for admis24 sion not later than 120 days after the date

25 the visa or documentation was issued;
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1 ‘‘(iv) the alien has a reentry permit

2 and applies for admission not later than

3 120 days after the date of the alien’s last

4 inspection and admission;

5 ‘‘(v)(I) the alien has a nonimmigrant

6 visa or other documentation authorizing

7 the alien to apply for temporary admission

8 to the United States or a reentry permit;

9 ‘‘(II) the alien applies for admission

10 more than 120 days after the date the visa

11 or documentation was issued or after the

12 date of the last inspection and admission

13 under the reentry permit; and

14 ‘‘(III) the owner of the vessel or air15 craft satisfies the Attorney General that

16 the existence of the condition relating to

17 inadmissibility could not have been discov18 ered by exercising reasonable care before

19 the alien boarded the vessel or aircraft; or

20 ‘‘(vi) the individual claims to be a na21 tional of the United States and has a Unit22 ed States passport.

23 ‘‘(d) REQUIREMENTS OF PERSONS PROVIDING

24 TRANSPORTATION.—
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1 ‘‘(1) REMOVAL AT TIME OF ARRIVAL.—An

2 owner, agent, master, commanding officer, person in

3 charge, purser, or consignee of a vessel or aircraft

4 bringing an alien (except an alien crewmember) to

5 the United States shall—

6 ‘‘(A) receive an alien back on the vessel or

7 aircraft or another vessel or aircraft owned or

8 operated by the same interests if the alien is or9 dered removed under this part; and

10 ‘‘(B) take the alien to the foreign country

11 to which the alien is ordered removed.

12 ‘‘(2) ALIEN STOWAWAYS.—An owner, agent,

13 master, commanding officer, charterer, or consignee

14 of a vessel or aircraft arriving in the United States

15 with an alien stowaway—

16 ‘‘(A) shall detain the alien on board the

17 vessel or aircraft;

18 ‘‘(B) may not permit the stowaway to land

19 in the United States, except pursuant to regula20 tions of the Attorney General temporarily—

21 ‘‘(i) for medical treatment,

22 ‘‘(ii) for detention of the stowaway by

23 the Attorney General, or

24 ‘‘(iii) for departure or removal of the

25 stowaway; and
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1 ‘‘(C) if ordered by an immigration officer,

2 shall remove the stowaway on the vessel or air3 craft or on another vessel or aircraft.

4 ‘‘(3) REMOVAL UPON ORDER.—An owner,

5 agent, master, commanding officer, person in

6 charge, purser, or consignee of a vessel, aircraft, or

7 other transportation line shall comply with an order

8 of the Attorney General to take on board, guard

9 safely, and transport to the destination specified any

10 alien ordered to be removed under this Act.

11 ‘‘(e) PAYMENT OF EXPENSES OF REMOVAL.—

12 ‘‘(1) COSTS OF REMOVAL AT TIME OF ARRIV13 AL.—In the case of an alien who is a stowaway or

14 who is ordered removed either without a hearing

15 under section 235(a)(1) or 235(c) or pursuant to

16 proceedings under section 240 initiated at the time

17 of such alien’s arrival, the owner of the vessel or air18 craft (if any) on which the alien arrived in the Unit19 ed States shall pay the transportation cost of remov20 ing the alien. If removal is on a vessel or aircraft not

21 owned by the owner of the vessel or aircraft on

22 which the alien arrived in the United States, the At23 torney General may—
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1 ‘‘(A) pay the cost from the appropriation

2 ‘Immigration and Naturalization Service—Sala3 ries and Expenses’; and

4 ‘‘(B) recover the amount of the cost in a

5 civil action from the owner, agent, or consignee

6 of the vessel or aircraft (if any) on which the

7 alien arrived in the United States.

8 ‘‘(2) COSTS OF REMOVAL TO PORT OF REMOVAL

9 FOR ALIENS ADMITTED OR PERMITTED TO LAND.—

10 In the case of an alien who has been admitted or

11 permitted to land and is ordered removed, the cost

12 (if any) of removal of the alien to the port of re13 moval shall be at the expense of the appropriation

14 for the enforcement of this Act.

15 ‘‘(3) COSTS OF REMOVAL FROM PORT OF RE16 MOVAL FOR ALIENS ADMITTED OR PERMITTED TO

17 LAND.—

18 ‘‘(A) THROUGH APPROPRIATION.—Except

19 as provided in subparagraph (B), in the case of

20 an alien who has been admitted or permitted to

21 land and is ordered removed, the cost (if any)

22 of removal of the alien from the port of removal

23 shall be at the expense of the appropriation for

24 the enforcement of this Act.

25 ‘‘(B) THROUGH OWNER.—
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1 ‘‘(i) IN GENERAL.—In the case of an

2 alien described in clause (ii), the cost of re3 moval of the alien from the port of removal

4 may be charged to any owner of the vessel,

5 aircraft, or other transportation line by

6 which the alien came to the United States.

7 ‘‘(ii) ALIENS DESCRIBED.—An alien

8 described in this clause is an alien who—

9 ‘‘(I) is admitted to the United

10 States (other than lawfully admitted

11 for permanent residence) and is or12 dered removed within 5 years of the

13 date of admission based on a ground

14 that existed before or at the time of

15 admission, or

16 ‘‘(II) is an alien crewman per17 mitted to land temporarily under sec18 tion 252 and is ordered removed with19 in 5 years of the date of landing.

20 ‘‘(C) COSTS OF REMOVAL OF CERTAIN

21 ALIENS GRANTED VOLUNTARY DEPARTURE.—In

22 the case of an alien who has been granted vol23 untary departure under section 240B and who

24 is financially unable to depart at the alien’s own

25 expense and whose removal the Attorney Gen-
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1 eral deems to be in the best interest of the

2 United States, the expense of such removal may

3 be paid from the appropriation for the enforce4 ment of this Act.

5 ‘‘(f) ALIENS REQUIRING PERSONAL CARE DURING

6 REMOVAL.—

7 ‘‘(1) IN GENERAL.—If the Attorney General be8 lieves that an alien being removed requires personal

9 care because of the alien’s mental or physical condi10 tion, the Attorney General may employ a suitable

11 person for that purpose who shall accompany and

12 care for the alien until the alien arrives at the final

13 destination.

14 ‘‘(2) COSTS.—The costs of providing the service

15 described in paragraph (1) shall be defrayed in the

16 same manner as the expense of removing the accom17 panied alien is defrayed under this section.

18 ‘‘(g) PLACES OF DETENTION.—The Attorney Gen19 eral shall arrange for appropriate places of detention for

20 aliens detained pending removal or a decision on removal.

21 When United States Government facilities are unavailable

22 or facilities adapted or suitably located for detention are

23 unavailable for rental, the Attorney General may expend

24 from the appropriation ‘Immigration and Naturalization

25 Service—Salaries and Expenses’, without regard to sec-
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1 tion 3709 of the Revised Statutes (41 U.S.C. 5), amounts

2 necessary to acquire land and to acquire, build, remodel,

3 repair, and operate facilities (including living quarters for

4 immigration officers if not otherwise available) necessary

5 for detention.’’.

6 (b) MODIFICATION OF AUTHORITY.—

7 (1) Section 241(h), as redesignated by section

8 306(a)(1) of this Act, is amended—

9 (A) in paragraph (3)(A), by inserting ‘‘or

10 two or more misdemeanors’’ after ‘‘a felony’’,

11 and

12 (B) by adding at the end the following new

13 paragraph:

14 ‘‘(6) In this subsection, the term ‘incarceration’

15 includes imprisonment in a State or local prison or

16 jail the time of which is counted towards completion

17 of a sentence.’’.

18 (2) The amendments made by paragraph (1)

19 shall apply beginning with fiscal year 1996.

20 SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SEC21 TION 242).

22 (a) IN GENERAL.—Section 242 (8 U.S.C. 1252) is

23 amended—

24 (1) by redesignating subsection (j) as sub25 section (h) and by moving such subsection and add-
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1 ing it at the end of section 241, as amended by sec2 tion 305(a)(3); and

3 (2) by amending the remainder of section 242

4 to read as follows:

5 ‘‘JUDICIAL REVIEW OF ORDERS OF REMOVAL

6 ‘‘SEC. 242. (a) APPLICABLE PROVISIONS.—

7 ‘‘(1) GENERAL ORDERS OF REMOVAL.—Judicial

8 review of a final order of removal (other than an

9 order of removal without a hearing pursuant to sec10 tion 235(b)(1)) is governed only by chapter 158 of

11 title 28 of the United States Code, except as pro12 vided in subsection (b) and except that the court

13 may not order the taking of additional evidence

14 under section 2347(c) of such title.

15 ‘‘(2) LIMITATIONS ON REVIEW RELATING TO

16 SECTION 235(b)(1).—Notwithstanding any other pro17 vision of law, no court shall have jurisdiction to re18 view—

19 ‘‘(A) except as provided in subsection (f),

20 any individual determination or to entertain any

21 other cause or claim arising from or relating to

22 the implementation or operation of an order of

23 removal pursuant to section 235(b)(1),

24 ‘‘(B) a decision by the Attorney General to

25 invoke the provisions of such section,
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1 ‘‘(C) the application of such section to in2 dividual aliens, including the determination

3 made under section 235(b)(1)(B), or

4 ‘‘(D) procedures and policies adopted by

5 the Attorney General to implement the provi6 sions of section 235(b)(1).

7 ‘‘(3) TREATMENT OF CERTAIN DECISIONS.—No

8 alien shall have a right to appeal from a decision of

9 an immigration judge which is based solely on a cer10 tification described in section 240(c)(1)(B).

11 ‘‘(b) REQUIREMENTS FOR ORDERS OF REMOVAL.—

12 With respect to review of an order of removal under sub13 section (a)(1), the following requirements apply:

14 ‘‘(1) DEADLINE.—The petition for review must

15 be filed not later than 30 days after the date of the

16 final order of removal.

17 ‘‘(2) VENUE AND FORMS.—The petition for re18 view shall be filed with the court of appeals for the

19 judicial circuit in which the immigration judge com20 pleted the proceedings. The record and briefs do not

21 have to be printed. The court of appeals shall review

22 the proceeding on a typewritten record and on type23 written briefs.

24 ‘‘(3) SERVICE.—
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1 ‘‘(A) IN GENERAL.—The respondent is the

2 Attorney General. The petition shall be served

3 on the Attorney General and on the officer or

4 employee of the Service in charge of the Service

5 district in which the initial proceedings under

6 section 240 were conducted.

7 ‘‘(B) STAY OF ORDER.—

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in clause (ii), service of the petition

10 on the officer or employee stays the re11 moval of an alien pending the court’s deci12 sion on the petition, unless the court or13 ders otherwise.

14 ‘‘(ii) EXCEPTION.—If the alien has

15 been convicted of an aggravated felony, or

16 the alien has been ordered removed pursu17 ant to a finding that the alien is inadmis18 sible under section 212, service of the peti19 tion does not stay the removal unless the

20 court orders otherwise.

21 ‘‘(4) DECISION.—Except as provided in para22 graph (5)(B)—

23 ‘‘(A) the court of appeals shall decide the

24 petition only on the administrative record on

25 which the order of removal is based,
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1 ‘‘(B) the administrative findings of fact are

2 conclusive if supported by reasonable, substan3 tial, and probative evidence on the record con4 sidered as a whole, and

5 ‘‘(C) a decision that an alien is not eligible

6 for admission to the United States is conclusive

7 unless manifestly contrary to law.

8 ‘‘(5) TREATMENT OF NATIONALITY CLAIMS.—

9 ‘‘(A) COURT DETERMINATION IF NO ISSUE

10 OF FACT.—If the petitioner claims to be a na11 tional of the United States and the court of ap12 peals finds from the pleadings and affidavits

13 that no genuine issue of material fact about the

14 petitioner’s nationality is presented, the court

15 shall decide the nationality claim.

16 ‘‘(B) TRANSFER IF ISSUE OF FACT.—If

17 the petitioner claims to be a national of the

18 United States and the court of appeals finds

19 that a genuine issue of material fact about the

20 petitioner’s nationality is presented, the court

21 shall transfer the proceeding to the district

22 court of the United States for the judicial dis23 trict in which the petitioner resides for a new

24 hearing on the nationality claim and a decision

25 on that claim as if an action had been brought
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1 in the district court under section 2201 of title

2 28, United States Code.

3 ‘‘(C) LIMITATION ON DETERMINATION.—

4 The petitioner may have such nationality claim

5 decided only as provided in this paragraph.

6 ‘‘(6) CONSOLIDATION WITH REVIEW OF MO7 TIONS TO REOPEN OR RECONSIDER.—When a peti8 tioner seeks review of an order under this section,

9 any review sought of a motion to reopen or recon10 sider the order shall be consolidated with the review

11 of the order.

12 ‘‘(7) CHALLENGE TO VALIDITY OF ORDERS IN

13 CERTAIN CRIMINAL PROCEEDINGS.—

14 ‘‘(A) IN GENERAL.—If the validity of an

15 order of removal has not been judicially de16 cided, a defendant in a criminal proceeding

17 charged with violating section 243(a) may chal18 lenge the validity of the order in the criminal

19 proceeding only by filing a separate motion be20 fore trial. The district court, without a jury,

21 shall decide the motion before trial.

22 ‘‘(B) CLAIMS OF UNITED STATES NATION23 ALITY.—If the defendant claims in the motion

24 to be a national of the United States and the

25 district court finds that—
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1 ‘‘(i) no genuine issue of material fact

2 about the defendant’s nationality is pre3 sented, the court shall decide the motion

4 only on the administrative record on which

5 the removal order is based and the admin6 istrative findings of fact are conclusive if

7 supported by reasonable, substantial, and

8 probative evidence on the record considered

9 as a whole; or

10 ‘‘(ii) a genuine issue of material fact

11 about the defendant’s nationality is pre12 sented, the court shall hold a new hearing

13 on the nationality claim and decide that

14 claim as if an action had been brought

15 under section 2201 of title 28, United

16 States Code.

17 The defendant may have such nationality claim

18 decided only as provided in this subparagraph.

19 ‘‘(C) CONSEQUENCE OF INVALIDATION.—

20 If the district court rules that the removal order

21 is invalid, the court shall dismiss the indictment

22 for violation of section 243(a). The United

23 States Government may appeal the dismissal to

24 the court of appeals for the appropriate circuit

25 within 30 days after the date of the dismissal.
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1 ‘‘(D) LIMITATION ON FILING PETITIONS

2 FOR REVIEW.—The defendant in a criminal

3 proceeding under section 243(a) may not file a

4 petition for review under subsection (a) during

5 the criminal proceeding.

6 ‘‘(8) CONSTRUCTION.—This subsection—

7 ‘‘(A) does not prevent the Attorney Gen8 eral, after a final order of removal has been is9 sued, from detaining the alien under section

10 241(a);

11 ‘‘(B) does not relieve the alien from com12 plying with section 241(a)(4) and section

13 243(g); and

14 ‘‘(C) except as provided in paragraph (3),

15 does not require the Attorney General to defer

16 removal of the alien.

17 ‘‘(c) REQUIREMENTS FOR PETITION.—A petition for

18 review or for habeas corpus of an order of removal shall

19 state whether a court has upheld the validity of the order,

20 and, if so, shall state the name of the court, the date of

21 the court’s ruling, and the kind of proceeding.

22 ‘‘(d) REVIEW OF FINAL ORDERS.—A court may re23 view a final order of removal only if—

24 ‘‘(1) the alien has exhausted all administrative

25 remedies available to the alien as of right, and
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1 ‘‘(2) another court has not decided the validity

2 of the order, unless the reviewing court finds that

3 the petition presents grounds that could not have

4 been presented in the prior judicial proceeding or

5 that the remedy provided by the prior proceeding

6 was inadequate or ineffective to test the validity of

7 the order.

8 ‘‘(e) LIMITED REVIEW FOR NON-PERMANENT RESI9 DENTS CONVICTED OF AGGRAVATED FELONIES.—

10 ‘‘(1) IN GENERAL.—A petition for review filed

11 by an alien against whom a final order of removal

12 has been issued under section 238 may challenge

13 only whether—

14 ‘‘(A) the alien is the alien described in the

15 order,

16 ‘‘(B) the alien is an alien described in sec17 tion 238(b)(2) and has been convicted after

18 entry into the United States of an aggravated

19 felony, and

20 ‘‘(C) proceedings against the alien com21 plied with section 238(b)(4).

22 ‘‘(2) LIMITED JURISDICTION.—A court review23 ing the petition has jurisdiction only to review the is24 sues described in paragraph (1).
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1 ‘‘(f) JUDICIAL REVIEW OF ORDERS UNDER SECTION

2 235(b)(1).—

3 ‘‘(1) APPLICATION.—The provisions of this sub4 section apply with respect to judicial review of or5 ders of removal effected under section 235(b)(1).

6 ‘‘(2) LIMITATIONS ON RELIEF.—Regardless of

7 the nature of the action or claim and regardless of

8 the identity of the party or parties bringing the ac9 tion, no court shall have jurisdiction or authority to

10 enter declaratory, injunctive, or other equitable relief

11 not specifically authorized in this subsection, or to

12 certify a class under Rule 23 of the Federal Rules

13 of Civil Procedure.

14 ‘‘(3) LIMITATION TO HABEAS CORPUS.—Judi15 cial review of any matter cause, claim, or individual

16 determination made or arising under or pertaining

17 to section 235(b)(1) shall only be available in habeas

18 corpus proceedings, and shall be limited to deter19 minations of—

20 ‘‘(A) whether the petitioner is an alien,

21 ‘‘(B) whether the petitioner was ordered

22 removed under such section, and

23 ‘‘(C) whether the petitioner can prove by a

24 preponderance of the evidence that the peti25 tioner is an alien lawfully admitted for perma-
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1 nent residence and is entitled to such further

2 inquiry as prescribed by the Attorney General

3 pursuant to section 235(b)(1)(C).

4 ‘‘(4) DECISION.—In any case where the court

5 determines that the petitioner—

6 ‘‘(A) is an alien who was not ordered re7 moved under section 235(b)(1), or

8 ‘‘(B) has demonstrated by a preponderance

9 of the evidence that the alien is a lawful perma10 nent resident,

11 the court may order no remedy or relief other than

12 to require that the petitioner be provided a hearing

13 in accordance with section 240. Any alien who is

14 provided a hearing under section 240 pursuant to

15 this paragraph may thereafter obtain judicial review

16 of any resulting final order of removal pursuant to

17 subsection (a)(1).

18 ‘‘(5) SCOPE OF INQUIRY.—In determining

19 whether an alien has been ordered removed under

20 section 235(b)(1), the court’s inquiry shall be limited

21 to whether such an order in fact was issued and

22 whether it relates to the petitioner. There shall be

23 no review of whether the alien is actually inadmis24 sible or entitled to any relief from removal.
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1 ‘‘(g) LIMIT ON INJUNCTIVE RELIEF.—Regardless of

2 the nature of the action or claim or of the identity of the

3 party or parties bringing the action, no court (other than

4 the Supreme Court) shall have jurisdiction or authority

5 to enjoin or restrain the operation of the provisions of

6 chapter 4 of title II, as amended by the Immigration in

7 the National Interest Act of 1995, other than with respect

8 to the application of such provisions to an individual alien

9 against whom proceedings under such chapter have been

10 initiated.’’.

11 (b) REPEAL OF SECTION 106.—Section 106 (8

12 U.S.C. 1105a) is repealed.

13 SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED

14 SECTION 243).

15 (a) IN GENERAL.—Section 243 (8 U.S.C. 1253) is

16 amended to read as follows:

17 ‘‘PENALTIES RELATED TO REMOVAL

18 ‘‘SEC. 243. ‘‘(a) PENALTY FOR FAILURE TO DE19 PART.—

20 ‘‘(1) IN GENERAL.—Any alien against whom a

21 final order of removal is outstanding by reason of

22 being a member of any of the classes described in

23 section 237(a), who—

24 ‘‘(A) willfully fails or refuses to depart

25 from the United States within a period of 90

26 days from the date of the final order of removal
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1 under administrative processes, or if judicial re2 view is had, then from the date of the final

3 order of the court,

4 ‘‘(B) willfully fails or refuses to make time5 ly application in good faith for travel or other

6 documents necessary to the alien’s departure,

7 ‘‘(C) connives or conspires, or takes any

8 other action, designed to prevent or hamper or

9 with the purpose of preventing or hampering

10 the alien’s departure pursuant to such, or

11 ‘‘(D) willfully fails or refuses to present

12 himself or herself for removal at the time and

13 place required by the Attorney General pursu14 ant to such order,

15 shall be fined under title 18, United States Code, or

16 imprisoned not more than four years (or 10 years if

17 the alien is a member of any of the classes described

18 in paragraph (1)(E), (2), (3), or (4) of section

19 237(a)), or both.

20 ‘‘(2) EXCEPTION.—It is not a violation of para21 graph (1) to take any proper steps for the purpose

22 of securing cancellation of or exemption from such

23 order of removal or for the purpose of securing the

24 alien’s release from incarceration or custody.
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1 ‘‘(3) SUSPENSION.—The court may for good

2 cause suspend the sentence of an alien under this

3 subsection and order the alien’s release under such

4 conditions as the court may prescribe. In determin5 ing whether good cause has been shown to justify re6 leasing the alien, the court shall take into account

7 such factors as—

8 ‘‘(A) the age, health, and period of deten9 tion of the alien;

10 ‘‘(B) the effect of the alien’s release upon

11 the national security and public peace or safety;

12 ‘‘(C) the likelihood of the alien’s resuming

13 or following a course of conduct which made or

14 would make the alien deportable;

15 ‘‘(D) the character of the efforts made by

16 such alien himself and by representatives of the

17 country or countries to which the alien’s re18 moval is directed to expedite the alien’s depar19 ture from the United States;

20 ‘‘(E) the reason for the inability of the

21 Government of the United States to secure

22 passports, other travel documents, or removal

23 facilities from the country or countries to which

24 the alien has been ordered removed; and
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1 ‘‘(F) the eligibility of the alien for discre2 tionary relief under the immigration laws.

3 ‘‘(b) WILLFUL FAILURE TO COMPLY WITH TERMS OF

4 RELEASE UNDER SUPERVISION.—An alien who shall will5 fully fail to comply with regulations or requirements issued

6 pursuant to section 241(a)(3) or knowingly give false in7 formation in response to an inquiry under such section

8 shall be fined not more than $1,000 or imprisoned for not

9 more than one year, or both.

10 ‘‘(c) PENALTIES RELATING TO VESSELS AND AIR11 CRAFT.—

12 ‘‘(1) CIVIL PENALTIES.—

13 ‘‘(A) FAILURE TO CARRY OUT CERTAIN

14 ORDERS.—If the Attorney General is satisfied

15 that a person has violated subsection (d) or (e)

16 of section 241, the person shall pay to the Com17 missioner the sum of $2,000 for each violation.

18 ‘‘(B) FAILURE TO REMOVE ALIEN STOW19 AWAYS.—If the Attorney General is satisfied

20 that a person has failed to remove an alien

21 stowaway as required under section 241(d)(2),

22 the person shall pay to the Commissioner the

23 sum of $5,000 for each alien stowaway not re24 moved.
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1 ‘‘(C) NO COMPROMISE.—The Attorney

2 General may not compromise the amount of

3 such penalty under this paragraph.

4 ‘‘(2) CLEARING VESSELS AND AIRCRAFT.—

5 ‘‘(A) CLEARANCE BEFORE DECISION ON

6 LIABILITY.—A vessel or aircraft may be grant7 ed clearance before a decision on liability is

8 made under paragraph (1) only if a bond ap9 proved by the Attorney General or an amount

10 sufficient to pay the civil penalty is deposited

11 with the Commissioner.

12 ‘‘(B) PROHIBITION ON CLEARANCE WHILE

13 PENALTY UNPAID.—A vessel or aircraft may

14 not be granted clearance if a civil penalty im15 posed under paragraph (1) is not paid.

16 ‘‘(d) DISCONTINUING GRANTING VISAS TO NATION17 ALS OF COUNTRY DENYING OR DELAYING ACCEPTING

18 ALIEN.—On being notified by the Attorney General that

19 the government of a foreign country denies or unreason20 ably delays accepting an alien who is a citizen, subject,

21 national, or resident of that country after the Attorney

22 General asks whether the government will accept the alien

23 under this section, the Secretary of State shall order con24 sular officers in that foreign country to discontinue grant25 ing immigrant visas or nonimmigrant visas, or both, to
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1 citizens, subjects, nationals, and residents of that country

2 until the Attorney General notifies the Secretary that the

3 country has accepted the alien.’’.

4 SEC. 308. REDESIGNATION AND REORGANIZATION OF

5 OTHER PROVISIONS; ADDITIONAL CONFORM6 ING AMENDMENTS.

7 (a) CONFORMING AMENDMENT TO TABLE OF CON8 TENTS; OVERVIEW OF REORGANIZED CHAPTERS.—The

9 table of contents, as amended by section 815(d)(1), is

10 amended—

11 (1) by striking the item relating to section 106,

12 and

13 (2) by striking the item relating to chapter 4 of

14 title II and all that follows through the item relating

15 to section 244A and inserting the following:

‘‘CHAPTER 4—INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, AND

REMOVAL

‘‘Sec. 231. Lists of alien and citizen passengers arriving or departing; record

of resident aliens and citizens leaving permanently for foreign

country.

‘‘Sec. 232. Detention of aliens for physical and mental examination.

‘‘Sec. 233. Entry through or from foreign contiguous territory and adjacent

islands; landing stations.

‘‘Sec. 234. Designation of ports of entry for aliens arriving by civil aircraft.

‘‘Sec. 235. Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing.

‘‘Sec. 236. Apprehension and detention of aliens not lawfully in the United

States.

‘‘Sec. 237. General classes of deportable aliens.

‘‘Sec. 238. Expedited removal of aliens convicted of committing aggravated

felonies.

‘‘Sec. 239. Initiation of removal proceedings.

‘‘Sec. 240. Removal proceedings.

‘‘Sec. 240A. Cancellation of removal; adjustment of status.

‘‘Sec. 240B. Voluntary departure.

‘‘Sec. 240C. Records of admission.

‘‘Sec. 241. Detention and removal of aliens ordered removed.
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‘‘Sec. 242. Judicial review of orders of removal.

‘‘Sec. 243. Penalties relating to removal.

‘‘Sec. 244. Temporary protected status.

‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.

1 (b) REORGANIZATION OF OTHER PROVISIONS.—

2 Chapters 4 and 5 of title II are amended as follows:

3 (1) AMENDING CHAPTER HEADING.—Amend

4 the heading for chapter 4 of title II to read as fol5 lows:

6 ‘‘CHAPTER 4—INSPECTION, APPREHENSION,

7 EXAMINATION, EXCLUSION, AND REMOVAL’’.

8 (2) REDESIGNATING SECTION 232 AS SECTION

9 232(a).—Amend section 232 (8 U.S.C. 1222)—

10 (A) by inserting ‘‘(a) DETENTION OF

11 ALIENS.—’’ after ‘‘SEC. 232.’’, and

12 (B) by amending the section heading to

13 read as follows:

14 ‘‘DETENTION OF ALIENS FOR PHYSICAL AND MENTAL

15 EXAMINATION’’.

16 (3) REDESIGNATING SECTION 234 AS SECTION

17 232(b).—Amend section 234 (8 U.S.C. 1224)—

18 (A) by striking the heading,

19 (B) by striking ‘‘SEC. 234.’’ and inserting

20 the following: ‘‘(b) PHYSICAL AND MENTAL EX21 AMINATION.—’’, and

22 (C) by moving such provision to the end of

23 section 232.
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1 (4) REDESIGNATING SECTION 238 AS SECTION

2 233.—Redesignate section 238 (8 U.S.C. 1228) as

3 section 233 and move the section to immediately fol4 low section 232.

5 (5) REDESIGNATING SECTION 240 AS SECTION

6 234A.—Redesignate section 240 (8 U.S.C. 1230) as

7 section 234A and move the section to immediately

8 follow section 233.

9 (6) REDESIGNATING SECTION 242A AS SECTION

10 238.—Redesignate section 242A as section 238,

11 strike ‘‘DEPORTATION’’ in its heading and insert

12 ‘‘REMOVAL’’, and move the section to immediately

13 follow section 237 (as redesignated by section

14 305(2)).

15 (7) STRIKING SECTION 242B.—Strike section

16 242B (8 U.S.C. 1252b).

17 (8) REDESIGNATING SECTION 244A AS SECTION

18 244.—Strike section 244 and redesignate section

19 244A as section 244.

20 (9) AMENDING CHAPTER HEADING.—Amend

21 the heading for chapter 5 of title II to read as fol22 lows:

23 ‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.

24 (c) ADDITIONAL CONFORMING AMENDMENTS.—
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1 (1) EXPEDITED PROCEDURES FOR AGGRA2 VATED FELONS (FORMER SECTION 242A).—Section

3 238 (which, previous to redesignation under section

4 308(b)(6), was section 242A) is amended—

5 (A) in subsection (a)(1), by striking ‘‘sec6 tion 242’’ and inserting ‘‘section 240’’;

7 (B) in subsection (a)(2), by striking ‘‘sec8 tion 242(a)(2)’’ and inserting ‘‘section 236(b)’’;

9 and

10 (C) in subsection (b)(1), by striking ‘‘sec11 tion 241(a)(2)(A)(iii)’’ and inserting ‘‘section

12 237(a)(2)(A)(iii)’’.

13 (2) TREATMENT OF CERTAIN HELPLESS

14 ALIENS.—

15 (A) CERTIFICATION OF HELPLESS

16 ALIENS.—Section 232, as amended by section

17 308(b), is further amended by adding at the

18 end the following new subsection:

19 ‘‘(c) CERTIFICATION OF CERTAIN HELPLESS

20 ALIENS.—If an examining medical officer determines that

21 an alien arriving in the United States is inadmissible, is

22 helpless from sickness or mental and physical disability,

23 or infancy, and is accompanied by another alien whose

24 protection or guardianship may be required, the officer
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1 may certify such fact for purposes of applying section

2 212(a)(9)(B) with respect to the other alien.’’.

3 (B) GROUND OF INADMISSIBILITY FOR

4 PROTECTION AND GUARDIANSHIP OF ALIENS

5 DENIED ADMISSION FOR HEALTH OR IN6 FANCY.—Subparagraph (B) of section

7 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended to

8 read as follows:

9 ‘‘(B) GUARDIAN REQUIRED TO ACCOMPANY

10 HELPLESS ALIEN.—Any alien—

11 ‘‘(i) who is accompanying another

12 alien who is inadmissible and who is cer13 tified to be helpless from sickness or men14 tal or physical disability or infancy pursu15 ant to section 232(c), and

16 ‘‘(ii) whose protection or guardianship

17 is determined to be required by the alien

18 described in clause (i),

19 is inadmissible.’’.

20 (3) CONTINGENT CONSIDERATION IN RELATION

21 TO REMOVAL OF ALIENS.—Section 273(a) (8 U.S.C.

22 1323(a)) is amended—

23 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’, and

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

25 paragraph:
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1 ‘‘(2) It is unlawful for an owner, agent, master, com2 manding officer, person in charge, purser, or consignee of

3 a vessel or aircraft who is bringing an alien (except an

4 alien crewmember) to the United States to take any con5 sideration to be kept or returned contingent on whether

6 an alien is admitted to, or ordered removed from, the

7 United States.’’.

8 (4) CLARIFICATION.—(A) Section 238(a)(1),

9 which, previous to redesignation under section

10 308(b)(6), was section 242A(a)(1), is amended by

11 adding at the end the following: ‘‘Nothing in this

12 section shall be construed to create any substantive

13 or procedural right or benefit that is legally enforce14 able by any party against the United States or its

15 agencies or officers or any other person.’’.

16 (B) Section 225 of the Immigration and Na17 tionality Technical Corrections Act of 1994 (Public

18 Law 103–416), as amended by section 815(b), is

19 amended by striking ‘‘and nothing in’’ and all that

20 follows up to ‘‘shall’’.

21 (d) ADDITIONAL CONFORMING AMENDMENTS RE22 LATING TO EXCLUSION AND INADMISSIBILITY.—

23 (1) SECTION 212.—Section 212 (8 U.S.C.

24 1182(a)) is amended—
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1 (A) in the heading, by striking ‘‘EX2 CLUDED FROM’’ and inserting ‘‘INELIGIBLE

3 FOR’’;

4 (B) in the matter in subsection (a) before

5 paragraph (1), by striking all that follows ‘‘(a)’’

6 and inserting the following: ‘‘CLASSES OF

7 ALIENS INELIGIBLE FOR VISAS OR ADMIS8 SION.—Except as otherwise provided in this

9 Act, aliens who are inadmissible under the fol10 lowing paragraphs are ineligible to receive visas

11 and ineligible to be admitted to the United

12 States:’’;

13 (C) in subsection (a), by striking ‘‘is ex14 cludable’’ and inserting ‘‘is inadmissible’’ each

15 place it appears;

16 (D) in subsections (a)(5)(C), (d)(1), (k),

17 by striking ‘‘exclusion’’ and inserting ‘‘inadmis18 sibility’’;

19 (E) in subsections (b), (d)(3), (h)(1)(A)(i),

20 and (k), by striking ‘‘excludable’’ each place it

21 appears and inserting ‘‘inadmissible’’;

22 (F) in subsection (b)(2), by striking ‘‘and

23 ineligible for entry’’;

24 (G) in subsection (d)(7), by striking ‘‘ex25 cluded from’’ and inserting ‘‘denied’’; and
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1 (H) in subsection (h)(1)(B), by striking

2 ‘‘exclusion’’ and inserting ‘‘denial of admis3 sion’’.

4 (2) SECTION 241.—Section 241 (8 U.S.C.

5 1251), before redesignation as section 237 by section

6 305(2), is amended—

7 (A) in subsection (a)(1)(H), by striking

8 ‘‘excludable’’ and inserting ‘‘inadmissible’’;

9 (B) in subsection (a)(4)(C)(ii), by striking

10 ‘‘excludability’’ and inserting ‘‘inadmissibility’’;

11 and

12 (C) in subsections (c) and (h), by striking

13 ‘‘exclusion’’ and inserting ‘‘inadmissibility’’.

14 (3) OTHER GENERAL REFERENCES.—The fol15 lowing provisions are amended by striking ‘‘exclud16 ability’’ and ‘‘excludable’’ each place each appears

17 and inserting ‘‘inadmissibility’’ and ‘‘inadmissible’’,

18 respectively:

19 (A) Sections 101(f)(3), 213, 234,

20 241(a)(1) (before redesignation by section

21 305(2)), 272(a), 277, 286(h)(2)(A)(v), and

22 286(h)(2)(A)(vi) and the last sentence of sec23 tion 208(a) (as added by section 332(a)).
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1 (B) Sections 304(c)(1)(A)(i),

2 304(c)(1)(A)(ii), and 601(c) of the Immigration

3 Act of 1990.

4 (C) Section 128 of the Foreign Relations

5 Authorization Act, Fiscal Years 1992 and 1993

6 (Public Law 102–138).

7 (D) Section 1073 of the National Defense

8 Authorization Act for Fiscal Year 1995 (Public

9 Law 103–337).

10 (E) Section 221 of the Immigration and

11 Nationality Technical Corrections Act of 1994

12 (Public Law 103–416).

13 (4) RELATED TERMS.—

14 (A) Section 101(a)(17) (8 U.S.C.

15 1101(a)(17)) is amended by striking ‘‘or expul16 sion’’ and inserting ‘‘expulsion, or removal’’.

17 (B) Section 102 (8 U.S.C. 1102) is

18 amended by striking ‘‘exclusion or deportation’’

19 and inserting ‘‘removal’’.

20 (C) Section 103(c)(2) (8 U.S.C.

21 1103(c)(2)) is amended by striking ‘‘been ex22 cluded or deported’’ and inserting ‘‘not been ad23 mitted or have been removed’’.

24 (D) Section 206 (8 U.S.C. 1156) is

25 amended by striking ‘‘excluded from admission
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1 to the United States and deported’’ and insert2 ing ‘‘denied admission to the United States and

3 removed’’.

4 (E) Section 216(f) (8 U.S.C. 1186a) is

5 amended by striking ‘‘exclusion’’ and inserting

6 ‘‘inadmissibility’’.

7 (F) Section 217 (8 U.S.C. 1187) is amend8 ed by striking ‘‘excluded from admission’’ and

9 inserting ‘‘denied admission at the time of ar10 rival’’ each place it appears.

11 (G) Section 221(f) (8 U.S.C. 1201) is

12 amended by striking ‘‘exclude’’ and inserting

13 ‘‘deny admission to’’.

14 (H) Section 232(a) (8 U.S.C. 1222(a)), as

15 redesignated by subsection (b)(2), is amended

16 by striking ‘‘excluded by’’ and ‘‘the excluded

17 classes’’ and inserting ‘‘inadmissible under’’ and

18 ‘‘inadmissible classes’’, respectively.

19 (I)(i) Section 272 (8 U.S.C. 1322) is

20 amended—

21 (I) by striking ‘‘EXCLUSION’’ in the

22 heading and inserting ‘‘DENIAL OF ADMIS23 SION’’,
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1 (II) in subsection (a), by striking ‘‘ex2 cluding condition’’ and inserting ‘‘condition

3 causing inadmissibility’’, and

4 (III) in subsection (c), by striking

5 ‘‘excluding’’.

6 (ii) The item in the table of contents relat7 ing to such section is amended by striking ‘‘ex8 clusion’’ and inserting ‘‘denial of admission’’.

9 (J) Section 276(a) (8 U.S.C. 1326) is

10 amended—

11 (i) in paragraph (1), by striking ‘‘de12 ported or excluded and deported’’ and in13 serting ‘‘denied admission or removed’’,

14 and

15 (ii) in paragraph (2)(B), by striking

16 ‘‘excluded and deported’’ and inserting

17 ‘‘denied admission and removed’’.

18 (K) Section 286(h)(2)(A)(vi) (8 U.S.C.

19 1356(h)(2)(A)(vi)) is amended by striking ‘‘ex20 clusion’’ each place it appears and inserting

21 ‘‘removal’’.

22 (L) Section 287 (8 U.S.C. 1357) is amend23 ed—
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1 (i) in subsection (a), by striking ‘‘or

2 expulsion’’ each place it appears and in3 serting ‘‘expulsion, or removal’’, and

4 (ii) in subsection (c), by striking ‘‘ex5 clusion from’’ and inserting ‘‘denial of ad6 mission to’’.

7 (M) Section 290(a) (8 U.S.C. 1360(a)) is

8 amended by striking ‘‘admitted to the United

9 States, or excluded therefrom’’ each place it ap10 pears and inserting ‘‘admitted or denied admis11 sion to the United States’’.

12 (N) Section 291 (8 U.S.C. 1361) is

13 amended by striking ‘‘subject to exclusion’’ and

14 inserting ‘‘inadmissible’’ each place it appears.

15 (O) Section 292 (8 U.S.C. 1362) is

16 amended by striking ‘‘exclusion or deportation’’

17 each place it appears and inserting ‘‘removal’’.

18 (P) Section 360 (8 U.S.C. 1503) is amend19 ed—

20 (i) in subsection (a), by striking ‘‘ex21 clusion’’ each place it appears and insert22 ing ‘‘removal’’, and

23 (ii) in subsection (c), by striking ‘‘ex24 cluded from’’ and inserting ‘‘denied’’.
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1 (Q) Section 301(a)(1) of the Immigration

2 Act of 1990 is amended by striking ‘‘exclusion’’

3 and inserting ‘‘inadmissibility’’.

4 (R) Section 401(c) of the Refugee Act of

5 1980 is amended by striking ‘‘deportation or

6 exclusion’’ and inserting ‘‘removal’’.

7 (S) Section 501(e)(2) of the Refugee Edu8 cation Assistance Act of 1980 (Public Law 96–

9 422) is amended by striking ‘‘exclusion or de10 portation’’ each place it appears and inserting

11 ‘‘removal’’.

12 (e) REVISION OF TERMINOLOGY RELATING TO DE13 PORTATION.—

14 (1) Each of the following is amended by strik15 ing ‘‘deportation’’ each place it appears and insert16 ing ‘‘removal’’:

17 (A) Subparagraphs (A)(iii)(II), (A)(iv)(II),

18 and (B)(iii)(II) of section 204(a)(1) (8 U.S.C.

19 1154(a)(1)).

20 (B) Section 212(d)(1) (8 U.S.C.

21 1182(d)(1)).

22 (C) Section 212(d)(11) (8 U.S.C.

23 1182(d)(11)).
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1 (D) Section 214(k)(4)(C) (8 U.S.C.

2 1184(k)(4)(C)), as redesignated by section

3 815(a)(4)(A) of this Act.

4 (E) Section 241(a)(1)(H) (8 U.S.C.

5 1251(a)(1)(H)), before redesignation as section

6 237 by section 305(2) .

7 (F) Section 242A (8 U.S.C. 1252a), before

8 redesignation as section 238 by subsection

9 (b)(6).

10 (G) Subsections (a)(3) and (b)(5)(B) of

11 section 244A (8 U.S.C. 1254a), before redesig12 nation as section 244 by subsection (b)(8).

13 (H) Section 246(a) (8 U.S.C. 1256(a)).

14 (I) Section 254 (8 U.S.C. 1284).

15 (J) Section 263(a)(4) (8 U.S.C.

16 1303(a)(4)).

17 (K) Section 276(b) (8 U.S.C. 1326(b)).

18 (L) Section 280(b)(2) (8 U.S.C.

19 1330(b)(2)).

20 (M) Section 286(h)(2)(A)(v) (8 U.S.C.

21 1356(h)(2)(A)(v)).

22 (N) Section 291 (8 U.S.C. 1361).

23 (O) Section 318 (8 U.S.C. 1429).
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1 (P) Section 130005(a) of the Violent

2 Crime Control and Law Enforcement Act of

3 1994 (Public Law 103–322).

4 (2) Each of the following is amended by strik5 ing ‘‘deported’’ and inserting ‘‘removed’’:

6 (A) Section 212(d)(7) (8 U.S.C.

7 1182(d)(7)).

8 (B) Section 214(d) (8 U.S.C. 1184(d)).

9 (C) Section 241(a) (8 U.S.C. 1251(a)), be10 fore redesignation as section 237 by section

11 305(2).

12 (D) Section 242A(c)(2)(D)(iv) (8 U.S.C.

13 1252a(c)(2)(D)(iv)), as amended by section

14 815(b)(14) but before redesignation as section

15 238 by subsection (b)(6).

16 (E) Section 252(b) (8 U.S.C. 1282(b)).

17 (F) Section 254 (8 U.S.C. 1284).

18 (G) Subsections (b) and (c) of section 266

19 (8 U.S.C. 1306).

20 (H) Section 301(a)(1) of the Immigration

21 Act of 1990.

22 (3) Section 101(g) (8 U.S.C. 1101(g)) is

23 amended by inserting ‘‘or removed’’ after ‘‘deported’’

24 each place it appears.
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1 (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is

2 amended by striking ‘‘suspension of deportation’’

3 and inserting ‘‘cancellation of removal’’.

4 (5) Section 201(b)(1)(D) (8 U.S.C.

5 1151(b)(1)(D)) is amended by striking ‘‘deportation

6 is suspended’’ and inserting ‘‘removal is canceled’’.

7 (6) Section 212(l)(2)(B) (8 U.S.C.

8 1182(l)(2)(B)) is amended by striking ‘‘deportation

9 against’’ and inserting ‘‘removal of’’.

10 (7) Subsections (b)(2), (c)(2)(B), (c)(3)(D),

11 (c)(4)(A), and (d)(2)(C) of section 216 (8 U.S.C.

12 1186a) are each amended by striking ‘‘DEPORTA13 TION’’, ‘‘deportation’’, ‘‘deport’’, and ‘‘deported’’

14 each place each appears and inserting ‘‘REMOVAL’’,

15 ‘‘removal’’, ‘‘remove’’, and ‘‘removed’’, respectively.

16 (8) Subsections (b)(2), (c)(2)(B), (c)(3)(D),

17 and (d)(2)(C) of section 216A (8 U.S.C. 1186b) are

18 each amended by striking ‘‘DEPORTATION’’, ‘‘depor19 tation’’, ‘‘deport’’, and ‘‘deported’’ and inserting

20 ‘‘REMOVAL’’, ‘‘removal’’, ‘‘remove’’, and ‘‘removed’’,

21 respectively.

22 (9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is

23 amended by striking ‘‘deportation against’’ and in24 serting ‘‘removal of’’.
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1 (10) Section 242A (8 U.S.C. 1252a), before re2 designation as section 238 by subsection (b)(6), is

3 amended, in the headings to various subdivisions, by

4 striking ‘‘DEPORTATION’’ and ‘‘DEPORTATION’’ and

5 inserting ‘‘REMOVAL’’ and ‘‘REMOVAL’’, respectively.

6 (11) Section 244A(a)(1)(A) (8 U.S.C.

7 1254a(a)(1)(A)), before redesignation as section 244

8 by subsection (b)(8), is amended—

9 (A) in subsection (a)(1)(A), by striking

10 ‘‘deport’’ and inserting ‘‘remove’’, and

11 (B) in subsection (e), by striking ‘‘SUS12 PENSION OF DEPORTATION’’ and inserting

13 ‘‘CANCELLATION OF REMOVAL’’.

14 (12) Section 254 (8 U.S.C. 1284) is amended

15 by striking ‘‘deport’’ each place it appears and in16 serting ‘‘remove’’.

17 (13) Section 273(d) (8 U.S.C. 1323(d)) is re18 pealed.

19 (14)(A) Section 276 (8 U.S.C. 1326) is amend20 ed by striking ‘‘DEPORTED’’ and inserting ‘‘RE21 MOVED’’.

22 (B) The item in the table of contents relating

23 to such section is amended by striking ‘‘deported’’

24 and inserting ‘‘removed’’.
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1 (15) Section 318 (8 U.S.C. 1429) is amended

2 by striking ‘‘suspending’’ and inserting ‘‘canceling’’.

3 (16) Section 301(a) of the Immigration Act of

4 1990 is amended by striking ‘‘DEPORTATION’’ and

5 inserting ‘‘REMOVAL’’.

6 (17) The heading of section 130005 of the Vio7 lent Crime Control and Law Enforcement Act of

8 1994 (Public Law 103–322) is amended by striking

9 ‘‘DEPORTATION’’ and inserting ‘‘REMOVAL’’.

10 (f) REVISION OF REFERENCES TO ENTRY.—

11 (1) The following provisions are amended by

12 striking ‘‘entry’’ and inserting ‘‘admission’’ each

13 place it appears:

14 (A) Section 101(a)(15)(K) (8 U.S.C.

15 1101(a)(15)(K)).

16 (B) Section 101(a)(30) (8 U.S.C.

17 1101(a)(30)).

18 (C) Section 212(a)(2)(D) (8 U.S.C.

19 1182(a)(2)(D)).

20 (D) Section 212(a)(6)(C)(i) (8 U.S.C.

21 1182(a)(6)(C)(i)).

22 (E) Section 212(h)(1)(A)(i) (8 U.S.C.

23 1182(h)(1)(A)(i)).

24 (F) Section 212(i)(2) (8 U.S.C.

25 1182(i)(2)).
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1 (G) Section 212(j)(1)(D) (8 U.S.C.

2 1182(j)(1)(D)).

3 (H) Section 214(c)(2)(A) (8 U.S.C.

4 1184(c)(2)(A)).

5 (I) Section 214(d) (8 U.S.C. 1184(d)).

6 (J) Section 216(b)(1)(A)(i) (8 U.S.C.

7 1186a(b)(1)(A)(i)).

8 (K) Section 216(d)(1)(A)(i)(III) (8 U.S.C.

9 1186a(d)(1)(A)(i)(III)).

10 (L) Section 240(b) (8 U.S.C. 1230(b)).

11 (M) Section 241(a)(1)(G) (8 U.S.C.

12 1251(a)(1)(G)).

13 (N) Section 241(a)(1)(H) (8 U.S.C.

14 1251(a)(1)(H)), other than the last time it ap15 pears.

16 (O) Paragraphs (2) and (4) of section

17 241(a) (8 U.S.C. 1251(a)).

18 (P) Section 245(e)(3) (8 U.S.C.

19 1255(e)(3)).

20 (Q) Section 247(a) (8 U.S.C. 1257(a)).

21 (R) Section 601(c)(2) of the Immigration

22 Act of 1990.

23 (2) The following provisions are amended by

24 striking ‘‘enter’’ and inserting ‘‘be admitted’’:

25 (A) Section 204(e) (8 U.S.C. 1154(e)).
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1 (B) Section 221(h) (8 U.S.C. 1201(h)).

2 (C) Section 245(e)(2) (8 U.S.C.

3 1255(e)(2)).

4 (3) The following provisions are amended by

5 striking ‘‘enters’’ and inserting ‘‘is admitted to’’:

6 (A) Section 212(j)(1)(D)(ii) (8 U.S.C.

7 1154(e)).

8 (B) Section 214(c)(5)(B) (8 U.S.C.

9 1184(c)(5)(B)).

10 (4) Section 238(a) (8 U.S.C. 1228(a)) is

11 amended by striking ‘‘entry and inspection’’ and in12 serting ‘‘inspection and admission’’.

13 (5) Section 241(a)(1)(H)(ii) (8 U.S.C.

14 1251(a)(1)(H)(ii)) is amended by striking ‘‘at

15 entry’’.

16 (6) Section 7 of the Central Intelligence Agency

17 Act of 1949 (50 U.S.C. 403h) is amended by strik18 ing ‘‘that the entry’’, ‘‘given entry into’’, and ‘‘enter19 ing’’ and inserting ‘‘that the admission’’, ‘‘admitted

20 to’’, and ‘‘admitted to’’.

21 (7) Section 4 of the Atomic Weapons and Spe22 cial Nuclear Materials Rewards Act (50 U.S.C. 47c)

23 is amended by striking ‘‘entry’’ and inserting ‘‘ad24 mission’’.
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1 (g) CONFORMING REFERENCES TO REORGANIZED

2 SECTIONS.—

3 (1) REFERENCES TO SECTIONS 232, 234, 238,

4 239, 240, 241, 242A, AND 244A.—Any reference in law

5 in effect on the day before the date of the enactment

6 of this Act to section 232, 234, 238, 239, 240, 241,

7 242A, or 244A of the Immigration and Nationality

8 Act (or a subdivision of such section) is deemed, as

9 of the title III–A effective date, to refer to section

10 232(a), 232(b), 233, 234, 234A, 237, 238, or 244

11 of such Act (or the corresponding subdivision of

12 such section), as redesignated by this subtitle. Any

13 reference in law to section 241 (or a subdivision of

14 such section) of the Immigration and Nationality

15 Act in an amendment made by a subsequent subtitle

16 of this title is deemed a reference (as of the title

17 III–A effective date) to section 237 (or the cor18 responding subdivision of such section), as redesig19 nated by this subtitle.

20 (2) REFERENCES TO SECTION 106.—

21 (A) Sections 242A(b)(3) and

22 242A(c)(3)(A)(ii) (8 U.S.C. 1252a(b)(3),

23 1252a(c)(3)(A)(ii)), as amended by section

24 815(b)(14) but before redesignation as section
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1 238 by subsection (b)(6), are each amended by

2 striking ‘‘106’’ and inserting ‘‘242’’.

3 (B) Sections 210(e)(3)(A) and

4 245A(f)(4)(A) (8 U.S.C. 1160(e)(3)(A),

5 1255a(f)(4)(A)) are amended by inserting ‘‘(as

6 in effect before October 1, 1996)’’ after ‘‘106’’.

7 (C) Section 242A(c)(3)(A)(iii) (8 U.S.C.

8 1252a(c)(3)(A)(iii)), as amended by section

9 815(b)(14) but before redesignation as section

10 238 by subsection (b)(6), is amended by strik11 ing ‘‘106(a)(1)’’ and inserting ‘‘242(b)(1)’’.

12 (3) REFERENCES TO SECTION 236.—

13 (A) Sections 205 and 209(a)(1) (8 U.S.C.

14 1155, 1159(a)(1)) are each amended by strik15 ing ‘‘236’’ and inserting ‘‘240’’.

16 (B) Section 4113(c) of title 18, United

17 States Code, is amended by striking ‘‘1226 of

18 title 8, United States Code’’ and inserting ‘‘sec19 tion 240 of the Immigration and Nationality

20 Act’’.

21 (4) REFERENCES TO SECTION 237.—

22 (A) Section 209(a)(1) (8 U.S.C.

23 1159(a)(1)) is amended by striking ‘‘237’’ and

24 inserting ‘‘241’’.
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1 (B) Section 212(a)(9)(B) (8 U.S.C.

2 1182(a)(9)(B)) is amended by striking ‘‘section

3 237(e)’’ and inserting ‘‘section 232(c)’’.

4 (C) Section 212(d)(7) (8 U.S.C.

5 1182(d)(7)) is amended by striking ‘‘237(a)’’

6 and inserting ‘‘241(c)’’.

7 (D) Section 280(a) (8 U.S.C. 1330(a)) is

8 amended by striking ‘‘237, 239, 243’’ and in9 serting ‘‘234, 243(c)(2)’’.

10 (5) REFERENCES TO SECTION 242.—

11 (A)(i) Sections 214(d), 252(b), 280(b)(2),

12 and 287(f)(1) (8 U.S.C. 1184(d), 1282(b),

13 1330(b)(2), 1357(f)(1)) are each amended by

14 striking ‘‘242’’ and inserting ‘‘240’’.

15 (ii) Subsections (a)(1) and (c)(4) of section

16 242A (8 U.S.C. 1252a), as amended by section

17 815(b)(14) but before redesignation as section

18 238 by section 308(b)(6), are each amended by

19 striking ‘‘242’’ and inserting ‘‘240’’.

20 (iii) Section 245A(a)(1)(B) (8 U.S.C.

21 1255a(a)(1)(B)) is amended by inserting ‘‘(as

22 in effect before October 1, 1996)’’ after ‘‘242’’.

23 (iv) Section 4113(b) of title 18, United

24 States Code, is amended by striking ‘‘242’’ and

25 inserting ‘‘240’’.
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1 (v) Section 8(c) of the Foreign Agents

2 Registration Act of 1938 (as amended) (22

3 U.S.C. 618(c)) is amended by striking ‘‘242’’

4 and inserting ‘‘240’’.

5 (vi) Section 9 of the Peace Corps Act (22

6 U.S.C. 2508) is amended by striking ‘‘242’’ and

7 inserting ‘‘240’’.

8 (B) Section 242A(a)(2) (8 U.S.C.

9 1252a(a)(2)), before redesignation as section

10 238 by section 308(b)(6), is amended by strik11 ing ‘‘section 242(a)(2)’’ and inserting ‘‘section

12 236(c)’’.

13 (C) Section 130002(a) of Public Law 103–

14 322 is amended by striking ‘‘242(a)(3)(A)’’ and

15 inserting ‘‘236(d)’’.

16 (D) Section 242A(b)(1) (8 U.S.C.

17 1252a(b)(1)), before redesignation as section

18 238 by section 308(b)(6), is amended by strik19 ing ‘‘242(b)’’ and inserting ‘‘240’’.

20 (E) Section 242A(c)(2)(D)(ii) (8 U.S.C.

21 1252a(c)(2)(D)(ii)), as amended by section

22 815(b)(14) but before redesignation as section

23 238 by section 308(b)(6), is amended by strik24 ing ‘‘242(b)’’ and inserting ‘‘240’’.
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1 (F) Section 4113(a) of title 18, United

2 States Code, is amended by striking ‘‘242(b)’’

3 and inserting ‘‘240B’’.

4 (G) Section 1821(e) of title 28, United

5 States Code, is amended by striking ‘‘242(b)’’

6 and inserting ‘‘240’’.

7 (H) Section 225 of the Immigration and

8 Nationality Technical Corrections Act of 1994

9 (Public Law 103–416) is amended by striking

10 ‘‘242(i)’’ and inserting ‘‘239(d)’’.

11 (I) Section 130007(a) of Public Law 103–

12 322 is amended by striking ‘‘242(i)’’ and in13 serting ‘‘239(d)’’.

14 (J) Section 20301(c) of Public Law 103–

15 322 is amended by striking ‘‘242(j)(5)’’ and

16 ‘‘242(j)’’ and inserting ‘‘241(h)(5)’’ and

17 ‘‘241(h)’’, respectively.

18 (6) REFERENCES TO SECTION 242B.—

19 (A) Section 303(d)(2) of the Immigration

20 Act of 1990 is amended by striking ‘‘242B’’

21 and inserting ‘‘240(b)(5)’’.

22 (B) Section 545(g)(1)(B) of the Immigra23 tion Act of 1990 is amended by striking

24 ‘‘242B(a)(4)’’ and inserting ‘‘239(a)(4)’’.

25 (7) REFERENCES TO SECTION 243.—
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1 (A)(i) Section 214(d) (8 U.S.C. 1184(d))

2 is amended by striking ‘‘243’’ and inserting

3 ‘‘241’’.

4 (ii) Section 8(c) of the Foreign Agents

5 Registration Act of 1938 (as amended) (22

6 U.S.C. 618(c)) is amended by striking ‘‘243’’

7 and inserting ‘‘241’’.

8 (iii) Section 9 of the Peace Corps Act (22

9 U.S.C. 2508) is amended by striking ‘‘243’’ and

10 inserting ‘‘241’’.

11 (B) Section 236(e)(2) (8 U.S.C.

12 1226(e)(2)) is amended by striking ‘‘section

13 243(g)’’ and inserting ‘‘section 243(d)’’.

14 (C)(i) Section 315(c) of Public Law 99–

15 603 is amended by striking ‘‘243(g)’’ and in16 serting ‘‘243(d)’’.

17 (ii) Section 315(c) of the Immigration Re18 form and Control Act of 1986 is amended by

19 striking ‘‘243(g)’’ and inserting ‘‘243(d)’’.

20 (iii) Section 702(b) of the Departments of

21 Commerce, Justice, and State, the Judiciary,

22 and Related Agencies Appropriations Act, 1988

23 is amended by striking ‘‘243(g)’’ and inserting

24 ‘‘243(d)’’.
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1 (iv) Section 903(b) of Public Law 100–204

2 is amended by striking ‘‘243(g)’’ and inserting

3 ‘‘243(d)’’.

4 (D)(i) Section 6(f)(2)(F) of the Food

5 Stamp Act of 1977 (7 U.S.C. 2015(f)(2)(F)) is

6 amended by striking ‘‘243(h)’’ and inserting

7 ‘‘241(b)(3)’’.

8 (ii) Section 214(a)(5) of the Housing and

9 Community Development Act of 1980 (42

10 U.S.C. 1436a(a)(5)) is amended by striking

11 ‘‘243(h)’’ and inserting ‘‘241(b)(3)’’.

12 (E)(i) Section 244A(c)(2)(B)(ii) (8 U.S.C.

13 1254a(c)(2)(B)(ii)) is amended by striking

14 ‘‘243(h)(2)’’ and inserting ‘‘241(b)(3)(B)’’.

15 (ii) Section 202(a)(3) of the Immigration

16 Reform and Control Act of 1986 is amended by

17 striking ‘‘243(h)(2)’’ and inserting

18 ‘‘241(b)(3)(B)’’.

19 (iii) Section 301(e)(2) of the Immigration

20 Act of 1990 is amended by striking

21 ‘‘243(h)(2)’’ and inserting ‘‘241(b)(3)(B)’’.

22 (F) Section 316(f) (8 U.S.C. 1427(f)) is

23 amended by striking ‘‘subparagraphs (A)

24 through (D) of paragraph 243(h)(2)’’ and in-
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1 serting ‘‘clauses (i) through (iv) of section

2 241(b)(3)(B)’’.

3 (8) REFERENCES TO SECTION 244.—

4 (A)(i) Sections 201(b)(1)(D) and 244A(e)

5 (8 U.S.C. 1151(b)(1)(D), 1254a(e)) are each

6 amended by striking ‘‘244(a)’’ and inserting

7 ‘‘240A(a)’’.

8 (ii) Section 304(c)(1)(A) of the Miscellane9 ous and Technical Immigration and Naturaliza10 tion Amendments of 1991 (Public Law 102–

11 232) is amended by striking ‘‘244(a)’’ and in12 serting ‘‘244A(a)’’.

13 (B) Section 304(c)(1)(B) of the Mis14 cellaneous and Technical Immigration and Nat15 uralization Amendments of 1991 (Public Law

16 102–232) is amended by striking ‘‘244(a)(2)’’

17 and inserting ‘‘240A(a)(2)’’.

18 (C) Section 4113(a) of title 18, United

19 States Code, is amended by striking ‘‘244(e)’’

20 and inserting ‘‘240B(e)’’.

21 (D) Section 242B(e)(2)(A) (8 U.S.C.

22 1252b(e)(2)(A)) is amended by striking ‘‘sec23 tion 244(e)(1)’’ and inserting ‘‘section

24 240B(e)(1)’’.

25 (9) REFERENCES TO CHAPTER 5.—
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1 (A) Sections 266(b), 266(c), and 291 (8

2 U.S.C. 1306(b), 1306(c), 1361) are each

3 amended by striking ‘‘chapter 5’’ and inserting

4 ‘‘chapter 4’’.

5 (B) Section 6(b) of the Act of August 1,

6 1956 (50 U.S.C. 855(b)) is amended by strik7 ing ‘‘chapter 5, title II, of the Immigration and

8 Nationality Act (66 Stat. 163)’’ and inserting

9 ‘‘chapter 4 of title II of the Immigration and

10 Nationality Act’’.

11 (10) MISCELLANEOUS CROSS-REFERENCE COR12 RECTIONS FOR NEWLY ADDED PROVISIONS.—

13 (A) The last sentence of section 208(a), as

14 added by section 332(a), is amended by striking

15 ‘‘241(a)(4)(B)’’ and inserting ‘‘237(a)(4)(B)’’.

16 (B) Section 245(c)(6), as amended by sec17 tion 333(d), is amended by striking

18 ‘‘241(a)(4)(B)’’ and inserting ‘‘237(a)(4)(B)’’.

19 (C) The last sentence of section 246(a), as

20 added by section 353(a), is amended by striking

21 ‘‘deport the alien under sections 242 and

22 242A’’ and inserting ‘‘remove the alien under

23 section 240’’.
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1 (D) Section 249(d), as amended by section

2 333(e), is amended by striking ‘‘241(a)(4)(B)’’

3 and inserting ‘‘237(a)(4)(B)’’.

4 (E) Section 276(b)(3), as inserted by sec5 tion 321(b), is amended by striking ‘‘excluded’’

6 and ‘‘excludable’’ and inserting ‘‘removed’’ and

7 ‘‘inadmissible’’, respectively.

8 (F) Section 505(c)(7), as added by section

9 321(a)(1), is amended by amending subpara10 graphs (B) through (D) to read as follows:

11 ‘‘(B) Withholding of removal under section

12 241(b)(3).

13 ‘‘(C) Cancellation of removal under section

14 240A.

15 ‘‘(D) Voluntary departure under section

16 240B.’’.

17 (G) Section 506(b)(2)(B), as added by sec18 tion 321(a)(1), is amended by striking ‘‘depor19 tation’’ and inserting ‘‘removal’’.

20 (H) Section 508(c)(2)(D), as added by sec21 tion 321(a)(1), is amended by striking ‘‘exclu22 sion because such alien is excludable’’ and in23 serting ‘‘removal because such alien is inadmis24 sible’’.
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1 (I) Section 130007(a) of the Violent Crime

2 Control and Law Enforcement Act of 1994

3 (Public Law 103–322), as amended by section

4 815(a)(8), is amended by striking ‘‘242A(a)(3)’’

5 and inserting ‘‘238(a)(3)’’.

6 (J)(i) Section 214(l)(2), as added

7 by section 822(c), is amended by strik8 ing ‘‘241(a)(1)(C)’’ and inserting

9 ‘‘237(a)(1)(C)’’.

10 (ii) Section 218A(c)(8)(B), as in11 serted by section 823(a), is amended

12 by striking ‘‘deportation under sec13 tion 241(a)(1)(C)(i)’’ and inserting ‘‘re14 moval under section 237(a)(1)(C)(i)’’.

15 SEC. 309. EFFECTIVE DATES; TRANSITION.

16 (a) IN GENERAL.—Except as provided in this section,

17 this subtitle and the amendments made by this subtitle

18 shall take effect on the first day of the first month begin19 ning more than 180 days after the date of the enactment

20 of this Act (in this title referred to as the ‘‘title III–A

21 effective date’’).

22 (b) PROMULGATION OF REGULATIONS.—The Attor23 ney General shall first promulgate regulations to carry out

24 this subtitle by not later than 1 month before the title

25 III–A effective date.
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1 (c) TRANSITION FOR ALIENS IN PROCEEDINGS.—

2 (1) GENERAL RULE THAT NEW RULES DO NOT

3 APPLY.—Subject to the succeeding provisions of this

4 subsection, in the case of an alien who is in exclu5 sion or deportation proceedings as of the title III–

6 A effective date—

7 (A) the amendments made by this subtitle

8 shall not apply, and

9 (B) the proceedings (including judicial re10 view thereof) shall continue to be conducted

11 without regard to such amendments.

12 (2) ATTORNEY GENERAL OPTION TO ELECT TO

13 APPLY NEW PROCEDURES.—In a case described in

14 paragraph (1) in which an evidentiary hearing under

15 section 236 or 242 and 242B of the Immigration

16 and Nationality Act has not commenced as of the

17 title III–A effective date, the Attorney General may

18 elect to proceed under chapter 4 of title II of such

19 Act (as amended by this subtitle). The Attorney

20 General shall provide notice of such election to the

21 alien involved not later than 30 days before the date

22 any evidentiary hearing is commenced. If the Attor23 ney General makes such election, the notice of hear24 ing provided to the alien under section 235 or

25 242(a) of such Act shall be valid as if provided
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1 under section 239 of such Act (as amended by this

2 subtitle) to confer jurisdiction on the immigration

3 judge.

4 (3) ATTORNEY GENERAL OPTION TO TERMI5 NATE AND REINITIATE PROCEEDINGS.—In the case

6 described in paragraph (1), the Attorney General

7 may elect to terminate proceedings in which there

8 has not been a final administrative decision and to

9 reinitiate proceedings under chapter 4 of title II the

10 Immigration and Nationality Act (as amended by

11 this subtitle). Any determination in the terminated

12 proceeding shall not be binding in the reinitiated

13 proceeding.

14 (4) TRANSITIONAL CHANGES IN JUDICIAL RE15 VIEW.—In the case described in paragraph (1) in

16 which a final order of exclusion or deportation is en17 tered more than 30 days after the date of the enact18 ment of this Act, notwithstanding any provision of

19 section 106 of the Immigration and Nationality Act

20 (as in effect as of the date of the enactment of this

21 Act) to the contrary—

22 (A) in the case of judicial review of a final

23 order of exclusion, subsection (b) of such sec24 tion shall not apply and the action for judicial

25 review shall be governed by the provisions of
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1 subsections (a) and (c) of such in the same

2 manner as they apply to judicial review of or3 ders of deportation;

4 (B) a court may not order the taking of

5 additional evidence under section 2347(c) of

6 title 28, United States Code;

7 (C) the petition for judicial review must be

8 filed not later than 30 days after the date of

9 the final order of exclusion or deportation; and

10 (D) the petition for review shall be filed

11 with the court of appeals for the judicial circuit

12 in which the administrative proceedings before

13 the special inquiry officer or immigration judge

14 were completed.

15 (5) TRANSITIONAL RULE WITH REGARD TO

16 SUSPENSION OF DEPORTATION.—In applying section

17 244(a) of the Immigration and Nationality Act (as

18 in effect before the date of the enactment of this

19 Act) with respect to an application for suspension of

20 deportation which is filed before, on, or after the

21 date of the enactment of this Act and which has not

22 been adjudicated as of 30 days after the date of the

23 enactment of this Act, the period of continuous

24 physical presence under such section shall be deemed

25 to have ended on the date the alien was served an
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1 order to show cause pursuant to section 242A of

2 such Act (as in effect before such date of enact3 ment).

4 (6) TRANSITION FOR CERTAIN FAMILY UNITY

5 ALIENS.—The Attorney General may waive the ap6 plication of section 212(a)(9) of the Immigration

7 and Nationality Act, as inserted by section 301(b) of

8 this subtitle, in the case of an alien who is provided

9 benefits under the provisions of section 301 of the

10 Immigration Act of 1990 (relating to family unity).

11 (d) TRANSITIONAL REFERENCES.—For purposes of

12 carrying out the Immigration and Nationality Act, as

13 amended by this subtitle—

14 (1) any reference in section 212(a)(1)(A) of

15 such Act to the term ‘‘inadmissible’’ is deemed to in16 clude a reference to the term ‘‘excludable’’, and

17 (2) any reference in law to an order of removal

18 shall be deemed to include a reference to an order

19 of exclusion and deportation or an order of deporta20 tion.

21 (e) TRANSITION.—No period of time before the date

22 of the enactment of this Act shall be included in the period

23 of 1 year described in section 212(a)(6)(B)(i) of the Immi24 gration and Nationality Act (as amended by section

25 301(d)).
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1 Subtitle B—Removal of Alien

2 Terrorists

3 PART 1—REMOVAL PROCEDURES FOR ALIEN

4 TERRORISTS

5 SEC. 321. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

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

7 Act is amended—

8 (1) by adding at the end of the table of con9 tents the following:

‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR ALIEN

TERRORISTS

‘‘Sec. 501. Definitions.

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

with classified information.

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

‘‘Sec. 504. Consideration of application.

‘‘Sec. 505. Special removal hearings.

‘‘Sec. 506. Consideration of classified information.

‘‘Sec. 507. Appeals.

‘‘Sec. 508. Detention and custody.’’,

10 and

11 (2) by adding at the end the following new title:

12 ‘‘TITLE V—SPECIAL REMOVAL PROCEDURES

13 FOR ALIEN TERRORISTS

14 ‘‘DEFINITIONS

15 ‘‘SEC. 501. In this title:

16 ‘‘(1) The term ‘alien terrorist’ means an alien

17 described in section 241(a)(4)(B).

18 ‘‘(2) The term ‘classified information’ has the

19 meaning given such term in section 1(a) of the Clas20 sified Information Procedures Act (18 U.S.C. App.).
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1 ‘‘(3) The term ‘national security’ has the mean2 ing given such term in section 1(b) of the Classified

3 Information Procedures Act (18 U.S.C. App.).

4 ‘‘(4) The term ‘special attorney’ means an at5 torney who is on the panel established under section

6 502(e).

7 ‘‘(5) The term ‘special removal court’ means

8 the court established under section 502(a).

9 ‘‘(6) The term ‘special removal hearing’ means

10 a hearing under section 505.

11 ‘‘(7) The term ‘special removal proceeding’

12 means a proceeding under this title.

13 ‘‘ESTABLISHMENT OF SPECIAL REMOVAL COURT; PANEL

14 OF ATTORNEYS TO ASSIST WITH CLASSIFIED INFOR15 MATION

16 ‘‘SEC. 502. (a) IN GENERAL.—The Chief Justice of

17 the United States shall publicly designate 5 district court

18 judges from 5 of the United States judicial circuits who

19 shall constitute a court which shall have jurisdiction to

20 conduct all special removal proceedings.

21 ‘‘(b) TERMS.—Each judge designated under sub22 section (a) shall serve for a term of 5 years and shall be

23 eligible for redesignation, except that the four associate

24 judges first so designated shall be designated for terms

25 of one, two, three, and four years so that the term of one

26 judge shall expire each year.
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1 ‘‘(c) CHIEF JUDGE.—The Chief Justice shall publicly

2 designate one of the judges of the special removal court

3 to be the chief judge of the court. The chief judge shall

4 promulgate rules to facilitate the functioning of the court

5 and shall be responsible for assigning the consideration

6 of cases to the various judges.

7 ‘‘(d) EXPEDITIOUS AND CONFIDENTIAL NATURE OF

8 PROCEEDINGS.—The provisions of section 103(c) of the

9 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

10 1803(c)) shall apply to proceedings under this title in the

11 same manner as they apply to proceedings under such Act.

12 ‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL AT13 TORNEYS.—The special removal court shall provide for the

14 designation of a panel of attorneys each of whom—

15 ‘‘(1) has a security clearance which affords the

16 attorney access to classified information, and

17 ‘‘(2) has agreed to represent permanent resi18 dent aliens with respect to classified information

19 under section 506 in accordance with (and subject to

20 the penalties under) this title.

21 ‘‘APPLICATION FOR INITIATION OF SPECIAL REMOVAL

22 PROCEEDING

23 ‘‘SEC. 503. (a) IN GENERAL.—Whenever the Attor24 ney General has classified information that an alien is an

25 alien terrorist, the Attorney General, in the Attorney Gen26 eral’s discretion, may seek removal of the alien under this
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1 title through the filing of a written application described

2 in subsection (b) with the special removal court seeking

3 an order authorizing a special removal proceeding under

4 this title. The application shall be submitted in camera

5 and ex parte and shall be filed under seal with the court.

6 ‘‘(b) CONTENTS OF APPLICATION.—Each application

7 for a special removal proceeding shall include all of the

8 following:

9 ‘‘(1) The identity of the Department of Justice

10 attorney making the application.

11 ‘‘(2) The approval of the Attorney General or

12 the Deputy Attorney General for the filing of the ap13 plication based upon a finding by that individual

14 that the application satisfies the criteria and re15 quirements of this title.

16 ‘‘(3) The identity of the alien for whom author17 ization for the special removal proceedings is sought.

18 ‘‘(4) A statement of the facts and cir19 cumstances relied on by the Department of Justice

20 to establish that—

21 ‘‘(A) the alien is an alien terrorist and is

22 physically present in the United States, and

23 ‘‘(B) with respect to such alien, adherence

24 to the provisions of title II regarding the re-
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1 moval of aliens would pose a risk to the na2 tional security of the United States.

3 ‘‘(5) An oath or affirmation respecting each of

4 the facts and statements described in the previous

5 paragraphs.

6 ‘‘(c) RIGHT TO DISMISS.—The Department of Jus7 tice retains the right to dismiss a removal action under

8 this title at any stage of the proceeding.

9 ‘‘CONSIDERATION OF APPLICATION

10 ‘‘SEC. 504. (a) IN GENERAL.—In the case of an ap11 plication under section 503 to the special removal court,

12 a single judge of the court shall be assigned to consider

13 the application. The judge, in accordance with the rules

14 of the court, shall consider the application and may con15 sider other information, including classified information,

16 presented under oath or affirmation. The judge shall con17 sider the application (and any hearing thereof) in camera

18 and ex parte. A verbatim record shall be maintained of

19 any such hearing.

20 ‘‘(b) APPROVAL OF ORDER.—The judge shall enter

21 ex parte the order requested in the application if the judge

22 finds, on the basis of such application and such other in23 formation (if any), that there is probable cause to believe

24 that—
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1 ‘‘(1) the alien who is the subject of the applica2 tion has been correctly identified and is an alien ter3 rorist, and

4 ‘‘(2) adherence to the provisions of title II re5 garding the removal of the identified alien would

6 pose a risk to the national security of the United

7 States.

8 ‘‘(c) DENIAL OF ORDER.—If the judge denies the

9 order requested in the application, the judge shall prepare

10 a written statement of the judge’s reasons for the denial.

11 ‘‘(d) EXCLUSIVE PROVISIONS.—Whenever an order is

12 issued under this section with respect to an alien—

13 ‘‘(1) the alien’s rights regarding removal and

14 expulsion shall be governed solely by the provisions

15 of this title, and

16 ‘‘(2) except as they are specifically referenced,

17 no other provisions of this Act shall be applicable.

18 ‘‘SPECIAL REMOVAL HEARINGS

19 ‘‘SEC. 505. (a) IN GENERAL.—In any case in which

20 the application for the order is approved under section

21 504, a special removal hearing shall be conducted under

22 this section for the purpose of determining whether the

23 alien to whom the order pertains should be removed from

24 the United States on the grounds that the alien is an alien

25 terrorist. Consistent with section 506, the alien shall be

26 given reasonable notice of the nature of the charges
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1 against the alien and a general account of the basis for

2 the charges. The alien shall be given notice, reasonable

3 under all the circumstances, of the time and place at which

4 the hearing will be held. The hearing shall be held as expe5 ditiously as possible.

6 ‘‘(b) USE OF SAME JUDGE.—The special removal

7 hearing shall be held before the same judge who granted

8 the order pursuant to section 504 unless that judge is

9 deemed unavailable due to illness or disability by the chief

10 judge of the special removal court, or has died, in which

11 case the chief judge shall assign another judge to conduct

12 the special removal hearing. A decision by the chief judge

13 pursuant to the preceding sentence shall not be subject

14 to review by either the alien or the Department of Justice.

15 ‘‘(c) RIGHTS IN HEARING.—

16 ‘‘(1) PUBLIC HEARING.—The special removal

17 hearing shall be open to the public.

18 ‘‘(2) RIGHT OF COUNSEL.—The alien shall have

19 a right to be present at such hearing and to be rep20 resented by counsel. Any alien financially unable to

21 obtain counsel shall be entitled to have counsel as22 signed to represent the alien. Such counsel shall be

23 appointed by the judge pursuant to the plan for fur24 nishing representation for any person financially un25 able to obtain adequate representation for the dis-
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1 trict in which the hearing is conducted, as provided

2 for in section 3006A of title 18, United States Code.

3 All provisions of that section shall apply and, for

4 purposes of determining the maximum amount of

5 compensation, the matter shall be treated as if a fel6 ony was charged.

7 ‘‘(3) INTRODUCTION OF EVIDENCE.—The alien

8 shall have a right to introduce evidence on the

9 alien’s own behalf.

10 ‘‘(4) EXAMINATION OF WITNESSES.—Except as

11 provided in section 506, the alien shall have a rea12 sonable opportunity to examine the evidence against

13 the alien and to cross-examine any witness.

14 ‘‘(5) RECORD.—A verbatim record of the pro15 ceedings and of all testimony and evidence offered or

16 produced at such a hearing shall be kept.

17 ‘‘(6) DECISION BASED ON EVIDENCE AT HEAR18 ING.—The decision of the judge in the hearing shall

19 be based only on the evidence introduced at the

20 hearing, including evidence introduced under sub21 section (e).

22 ‘‘(7) NO RIGHT TO ANCILLARY RELIEF.—In the

23 hearing, the judge is not authorized to consider or

24 provide for relief from removal based on any of the

25 following:
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1 ‘‘(A) Asylum under section 208.

2 ‘‘(B) Withholding of deportation under sec3 tion 243(h).

4 ‘‘(C) Suspension of deportation under sec5 tion 244(a).

6 ‘‘(D) Voluntary departure under section

7 244(e).

8 ‘‘(E) Adjustment of status under section

9 245.

10 ‘‘(F) Registry under section 249.

11 ‘‘(d) SUBPOENAS.—

12 ‘‘(1) REQUEST.—At any time prior to the con13 clusion of the special removal hearing, either the

14 alien or the Department of Justice may request the

15 judge to issue a subpoena for the presence of a

16 named witness (which subpoena may also command

17 the person to whom it is directed to produce books,

18 papers, documents, or other objects designated

19 therein) upon a satisfactory showing that the pres20 ence of the witness is necessary for the determina21 tion of any material matter. Such a request may be

22 made ex parte except that the judge shall inform the

23 Department of Justice of any request for a subpoena

24 by the alien for a witness or material if compliance

25 with such a subpoena would reveal evidence or the
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1 source of evidence which has been introduced, or

2 which the Department of Justice has received per3 mission to introduce, in camera and ex parte pursu4 ant to subsection (e) and section 506, and the De5 partment of Justice shall be given a reasonable op6 portunity to oppose the issuance of such a subpoena.

7 ‘‘(2) PAYMENT FOR ATTENDANCE.—If an appli8 cation for a subpoena by the alien also makes a

9 showing that the alien is financially unable to pay

10 for the attendance of a witness so requested, the

11 court may order the costs incurred by the process

12 and the fees of the witness so subpoenaed to be paid

13 from funds appropriated for the enforcement of title

14 II.

15 ‘‘(3) NATIONWIDE SERVICE.—A subpoena

16 under this subsection may be served anywhere in the

17 United States.

18 ‘‘(4) WITNESS FEES.—A witness subpoenaed

19 under this subsection shall receive the same fees and

20 expenses as a witness subpoenaed in connection with

21 a civil proceeding in a court of the United States.

22 ‘‘(5) NO ACCESS TO CLASSIFIED INFORMA23 TION.—Nothing in this subsection is intended to

24 allow an alien to have access to classified informa25 tion.
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1 ‘‘(e) INTRODUCTION OF CLASSIFIED INFORMA2 TION.—

3 ‘‘(1) IN GENERAL.—When classified informa4 tion has been summarized pursuant to section

5 506(b) or where a finding has been made under sec6 tion 506(b)(5) that no summary is possible, classi7 fied information shall be introduced (either in writ8 ing or through testimony) in camera and ex parte

9 and neither the alien nor the public shall be in10 formed of such evidence or its sources other than

11 through reference to the summary provided pursuant

12 to such section. Notwithstanding the previous sen13 tence, the Department of Justice may, in its discre14 tion and, in the case of classified information, after

15 coordination with the originating agency, elect to in16 troduce such evidence in open session.

17 ‘‘(2) TREATMENT OF ELECTRONIC SURVEIL18 LANCE INFORMATION.—

19 ‘‘(A) USE OF ELECTRONIC SURVEIL20 LANCE.—The Government is authorized to use

21 in a special removal proceedings the fruits of

22 electronic surveillance and unconsented physical

23 searches authorized under the Foreign Intel24 ligence Surveillance Act of 1978 (50 U.S.C.
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1 1801 et seq.) without regard to subsections (c),

2 (e), (f), (g), and (h) of section 106 of that Act.

3 ‘‘(B) NO DISCOVERY OF ELECTRONIC SUR4 VEILLANCE INFORMATION.—An alien subject to

5 removal under this title shall have no right of

6 discovery of information derived from electronic

7 surveillance authorized under the Foreign Intel8 ligence Surveillance Act of 1978 or otherwise

9 for national security purposes. Nor shall such

10 alien have the right to seek suppression of evi11 dence.

12 ‘‘(C) CERTAIN PROCEDURES NOT APPLICA13 BLE.—The provisions and requirements of sec14 tion 3504 of title 18, United States Code, shall

15 not apply to procedures under this title.

16 ‘‘(3) RIGHTS OF UNITED STATES.—Nothing in

17 this section shall prevent the United States from

18 seeking protective orders and from asserting privi19 leges ordinarily available to the United States to

20 protect against the disclosure of classified informa21 tion, including the invocation of the military and

22 state secrets privileges.

23 ‘‘(f) INCLUSION OF CERTAIN EVIDENCE.—The Fed24 eral Rules of Evidence shall not apply to hearings under

25 this section. Evidence introduced at the special removal
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1 hearing, either in open session or in camera and ex parte,

2 may, in the discretion of the Department of Justice, in3 clude all or part of the information presented under sec4 tion 504 used to obtain the order for the hearing under

5 this section.

6 ‘‘(g) ARGUMENTS.—Following the receipt of evi7 dence, the attorneys for the Department of Justice and

8 for the alien shall be given fair opportunity to present ar9 gument as to whether the evidence is sufficient to justify

10 the removal of the alien. The attorney for the Department

11 of Justice shall open the argument. The attorney for the

12 alien shall be permitted to reply. The attorney for the De13 partment of Justice shall then be permitted to reply in

14 rebuttal. The judge may allow any part of the argument

15 that refers to evidence received in camera and ex parte

16 to be heard in camera and ex parte.

17 ‘‘(h) BURDEN OF PROOF.—In the hearing the De18 partment of Justice has the burden of showing by clear

19 and convincing evidence that the alien is subject to re20 moval because the alien is an alien terrorist. If the judge

21 finds that the Department of Justice has met this burden,

22 the judge shall order the alien removed and detained pend23 ing removal from the United States. If the alien was re24 leased pending the special removal hearing, the judge shall

25 order the Attorney General to take the alien into custody.
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1 ‘‘(i) WRITTEN ORDER.—At the time of rendering a

2 decision as to whether the alien shall be removed, the

3 judge shall prepare a written order containing a statement

4 of facts found and conclusions of law. Any portion of the

5 order that would reveal the substance or source of infor6 mation received in camera and ex parte pursuant to sub7 section (e) shall not be made available to the alien or the

8 public.

9 ‘‘CONSIDERATION OF CLASSIFIED INFORMATION

10 ‘‘SEC. 506. (a) CONSIDERATION IN CAMERA AND EX

11 PARTE.—In any case in which the application for the

12 order authorizing the special procedures of this title is ap13 proved, the judge who granted the order shall consider

14 each item of classified information the Department of Jus15 tice proposes to introduce in camera and ex parte at the

16 special removal hearing and shall order the introduction

17 of such information pursuant to section 505(e) if the judge

18 determines the information to be relevant.

19 ‘‘(b) PREPARATION AND PROVISION OF WRITTEN

20 SUMMARY.—

21 ‘‘(1) PREPARATION.—The Department of Jus22 tice shall prepare a written summary of such classi23 fied information which does not pose a risk to na24 tional security.

25 ‘‘(2) CONDITIONS FOR APPROVAL BY JUDGE

26 AND PROVISION TO ALIEN.—The judge shall approve
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1 the summary so long as the judge finds that the

2 summary is sufficient—

3 ‘‘(A) to inform the alien of the general na4 ture of the evidence that the alien is an alien

5 terrorist, and

6 ‘‘(B) to permit the alien to prepare a de7 fense against deportation.

8 The Department of Justice shall cause to be deliv9 ered to the alien a copy of the summary.

10 ‘‘(3) OPPORTUNITY FOR CORRECTION AND

11 RESUBMITTAL.—If the judge does not approve the

12 summary, the judge shall provide the Department a

13 reasonable opportunity to correct the deficiencies

14 identified by the court and to submit a revised sum15 mary.

16 ‘‘(4) CONDITIONS FOR TERMINATION OF PRO17 CEEDINGS IF SUMMARY NOT APPROVED.—

18 ‘‘(A) IN GENERAL.—If, subsequent to the

19 opportunity described in paragraph (3), the

20 judge does not approve the summary, the judge

21 shall terminate the special removal hearing un22 less the judge makes the findings described in

23 subparagraph (B).
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1 ‘‘(B) FINDINGS.—The findings described

2 in this subparagraph are, with respect to an

3 alien, that—

4 ‘‘(i) the continued presence of the

5 alien in the United States would likely

6 cause serious and irreparable harm to the

7 national security or death or serious bodily

8 injury to any person, and

9 ‘‘(ii) the provision of the required

10 summary would likely cause serious and ir11 reparable harm to the national security or

12 death or serious bodily injury to any per13 son.

14 ‘‘(5) CONTINUATION OF HEARING WITHOUT

15 SUMMARY.—If a judge makes the findings described

16 in paragraph (4)(B)—

17 ‘‘(A) if the alien involved is an alien law18 fully admitted for permanent residence, the pro19 cedures described in subsection (c) shall apply;

20 and

21 ‘‘(B) in all cases the special removal hear22 ing shall continue, the Department of Justice

23 shall cause to be delivered to the alien a state24 ment that no summary is possible, and the clas-
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1 sified information submitted in camera and ex

2 parte may be used pursuant to section 505(e).

3 ‘‘(c) SPECIAL PROCEDURES FOR ACCESS AND CHAL4 LENGES TO CLASSIFIED INFORMATION BY SPECIAL AT5 TORNEYS IN CASE OF LAWFUL PERMANENT ALIENS.—

6 ‘‘(1) IN GENERAL.—The procedures described

7 in this subsection are that the judge (under rules of

8 the special removal court) shall designate a special

9 attorney to assist the alien—

10 ‘‘(A) by reviewing in camera the classified

11 information on behalf of the alien, and

12 ‘‘(B) by challenging through an in camera

13 proceeding the veracity of the evidence con14 tained in the classified information.

15 ‘‘(2) RESTRICTIONS ON DISCLOSURE.—A spe16 cial attorney receiving classified information under

17 paragraph (1)—

18 ‘‘(A) shall not disclose the information to

19 the alien or to any other attorney representing

20 the alien, and

21 ‘‘(B) who discloses such information in vio22 lation of subparagraph (A) shall be subject to

23 a fine under title 18, United States Code, im24 prisoned for not less than 10 years nor more

25 than 25 years, or both.
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1 ‘‘APPEALS

2 ‘‘SEC. 507. (a) APPEALS OF DENIALS OF APPLICA3 TIONS FOR ORDERS.—The Department of Justice may

4 seek a review of the denial of an order sought in an appli5 cation by the United States Court of Appeals for the Dis6 trict of Columbia Circuit by notice of appeal which must

7 be filed within 20 days after the date of such denial. In

8 such a case the entire record of the proceeding shall be

9 transmitted to the Court of Appeals under seal and the

10 Court of Appeals shall hear the matter ex parte. In such

11 a case the Court of Appeals shall review questions of law

12 de novo, but a prior finding on any question of fact shall

13 not be set aside unless such finding was clearly erroneous.

14 ‘‘(b) APPEALS OF DETERMINATIONS ABOUT SUM15 MARIES OF CLASSIFIED INFORMATION.—Either party

16 may take an interlocutory appeal to the United States

17 Court of Appeals for the District of Columbia Circuit of—

18 ‘‘(1) any determination by the judge pursuant

19 to section 506(a)—

20 ‘‘(A) concerning whether an item of evi21 dence may be introduced in camera and ex

22 parte, or

23 ‘‘(B) concerning the contents of any sum24 mary of evidence to be introduced in camera
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1 and ex parte prepared pursuant to section

2 506(b); or

3 ‘‘(2) the refusal of the court to make the find4 ings permitted by section 506(b)(4)(B).

5 In any interlocutory appeal taken pursuant to this sub6 section, the entire record, including any proposed order

7 of the judge or summary of evidence, shall be transmitted

8 to the Court of Appeals under seal and the matter shall

9 be heard ex parte.

10 ‘‘(c) APPEALS OF DECISION IN HEARING.—

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

12 the decision of the judge after a special removal

13 hearing may be appealed by either the alien or the

14 Department of Justice to the United States Court of

15 Appeals for the District of Columbia Circuit by no16 tice of appeal.

17 ‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA18 NENT RESIDENT ALIENS IN WHICH NO SUMMARY

19 PROVIDED.—

20 ‘‘(A) IN GENERAL.—Unless the alien

21 waives the right to a review under this para22 graph, in any case involving an alien lawfully

23 admitted for permanent residence who is denied

24 a written summary of classified information

25 under section 506(b)(4) and with respect to
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1 which the procedures described in section

2 506(c) apply, any order issued by the judge

3 shall be reviewed by the Court of Appeals for

4 the District of Columbia Circuit.

5 ‘‘(B) USE OF SPECIAL ATTORNEY.—With

6 respect to any issue relating to classified infor7 mation that arises in such review, the alien

8 shall be represented only by the special attorney

9 designated under section 506(c)(1) on behalf of

10 the alien.

11 ‘‘(d) GENERAL PROVISIONS RELATING TO AP12 PEALS.—

13 ‘‘(1) NOTICE.—A notice of appeal pursuant to

14 subsection (b) or (c) (other than under subsection

15 (c)(2)) must be filed within 20 days after the date

16 of the order with respect to which the appeal is

17 sought, during which time the order shall not be exe18 cuted.

19 ‘‘(2) TRANSMITTAL OF RECORD.—In an appeal

20 or review to the Court of Appeals pursuant to sub21 section (b) or (c)—

22 ‘‘(A) the entire record shall be transmitted

23 to the Court of Appeals, and

24 ‘‘(B) information received pursuant to sec25 tion 505(e), and any portion of the judge’s
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1 order that would reveal the substance or source

2 of such information, shall be transmitted under

3 seal.

4 ‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In

5 an appeal or review to the Court of Appeals pursu6 ant to subsection (b) or (c):

7 ‘‘(A) REVIEW.—The appeal or review shall

8 be heard as expeditiously as practicable and the

9 Court may dispense with full briefing and hear

10 the matter solely on the record of the judge of

11 the special removal court and on such briefs or

12 motions as the Court may require to be filed by

13 the parties.

14 ‘‘(B) DISPOSITION.—The Court shall up15 hold or reverse the judge’s order within 60 days

16 after the date of the issuance of the judge’s

17 final order.

18 ‘‘(4) STANDARD FOR REVIEW.—In an appeal or

19 review to the Court of Appeals pursuant to sub20 section (b) or (c):

21 ‘‘(A) QUESTIONS OF LAW.—The Court of

22 Appeals shall review all questions of law de

23 novo.

24 ‘‘(B) QUESTIONS OF FACT.—(i) Subject to

25 clause (ii), a prior finding on any question of
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1 fact shall not be set aside unless such finding

2 was clearly erroneous.

3 ‘‘(ii) In the case of a review under sub4 section (c)(2) in which an alien lawfully admit5 ted for permanent residence was denied a writ6 ten summary of classified information under

7 section 506(b)(4), the Court of Appeals shall

8 review questions of fact de novo.

9 ‘‘(e) CERTIORARI.—Following a decision by the Court

10 of Appeals pursuant to subsection (b) or (c), either the

11 alien or the Department of Justice may petition the Su12 preme Court for a writ of certiorari. In any such case,

13 any information transmitted to the Court of Appeals

14 under seal shall, if such information is also submitted to

15 the Supreme Court, be transmitted under seal. Any order

16 of removal shall not be stayed pending disposition of a

17 writ of certiorari except as provided by the Court of Ap18 peals or a Justice of the Supreme Court.

19 ‘‘(f) APPEALS OF DETENTION ORDERS.—

20 ‘‘(1) IN GENERAL.— The provisions of sections

21 3145 through 3148 of title 18, United States Code,

22 pertaining to review and appeal of a release or de23 tention order, penalties for failure to appear, pen24 alties for an offense committed while on release, and

25 sanctions for violation of a release condition shall
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1 apply to an alien to whom section 508(b)(1) applies.

2 In applying the previous sentence—

3 ‘‘(A) for purposes of section 3145 of such

4 title an appeal shall be taken to the United

5 States Court of Appeals for the District of Co6 lumbia Circuit, and

7 ‘‘(B) for purposes of section 3146 of such

8 title the alien shall be considered released in

9 connection with a charge of an offense punish10 able by life imprisonment.

11 ‘‘(2) NO REVIEW OF CONTINUED DETENTION.—

12 The determinations and actions of the Attorney

13 General pursuant to section 508(c)(2)(C) shall not

14 be subject to judicial review, including application

15 for a writ of habeas corpus, except for a claim by

16 the alien that continued detention violates the alien’s

17 rights under the Constitution. Jurisdiction over any

18 such challenge shall lie exclusively in the United

19 States Court of Appeals for the District of Columbia

20 Circuit.

21 ‘‘DETENTION AND CUSTODY

22 ‘‘SEC. 508. (a) INITIAL CUSTODY.—

23 ‘‘(1) UPON FILING APPLICATION.—Subject to

24 paragraph (2), the Attorney General may take into

25 custody any alien with respect to whom an applica26 tion under section 503 has been filed and, notwith-
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1 standing any other provision of law, may retain such

2 an alien in custody in accordance with the proce3 dures authorized by this title.

4 ‘‘(2) SPECIAL RULES FOR PERMANENT RESI5 DENT ALIENS.—An alien lawfully admitted for per6 manent residence shall be entitled to a release hear7 ing before the judge assigned to hear the special re8 moval hearing. Such an alien shall be detained pend9 ing the special removal hearing, unless the alien

10 demonstrates to the court that—

11 ‘‘(A) the alien, if released upon such terms

12 and conditions as the court may prescribe (in13 cluding the posting of any monetary amount),

14 is not likely to flee, and

15 ‘‘(B) the alien’s release will not endanger

16 national security or the safety of any person or

17 the community.

18 The judge may consider classified information sub19 mitted in camera and ex parte in making a deter20 mination under this paragraph.

21 ‘‘(3) RELEASE IF ORDER DENIED AND NO RE22 VIEW SOUGHT.—

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), if a judge of the special removal

25 court denies the order sought in an application
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1 with respect to an alien and the Department of

2 Justice does not seek review of such denial, the

3 alien shall be released from custody.

4 ‘‘(B) APPLICATION OF REGULAR PROCE5 DURES.—Subparagraph (A) shall not prevent

6 the arrest and detention of the alien pursuant

7 to title II.

8 ‘‘(b) CONDITIONAL RELEASE IF ORDER DENIED AND

9 REVIEW SOUGHT.—

10 ‘‘(1) IN GENERAL.—If a judge of the special re11 moval court denies the order sought in an applica12 tion with respect to an alien and the Department of

13 Justice seeks review of such denial, the judge shall

14 release the alien from custody subject to the least re15 strictive condition or combination of conditions of re16 lease described in section 3142(b) and clauses (i)

17 through (xiv) of section 3142(c)(1)(B) of title 18,

18 United States Code, that will reasonably assure the

19 appearance of the alien at any future proceeding

20 pursuant to this title and will not endanger the safe21 ty of any other person or the community.

22 ‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If

23 the judge finds no such condition or combination of

24 conditions, the alien shall remain in custody until

25 the completion of any appeal authorized by this title.
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1 ‘‘(c) CUSTODY AND RELEASE AFTER HEARING.—

2 ‘‘(1) RELEASE.—

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graph (B), if the judge decides pursuant to sec5 tion 505(i) that an alien should not be removed,

6 the alien shall be released from custody.

7 ‘‘(B) CUSTODY PENDING APPEAL.—If the

8 Attorney General takes an appeal from such de9 cision, the alien shall remain in custody, subject

10 to the provisions of section 3142 of title 18,

11 United States Code.

12 ‘‘(2) CUSTODY AND REMOVAL.—

13 ‘‘(A) CUSTODY.—If the judge decides pur14 suant to section 505(i) that an alien shall be re15 moved, the alien shall be detained pending the

16 outcome of any appeal. After the conclusion of

17 any judicial review thereof which affirms the re18 moval order, the Attorney General shall retain

19 the alien in custody and remove the alien to a

20 country specified under subparagraph (B).

21 ‘‘(B) REMOVAL.—

22 ‘‘(i) IN GENERAL.—The removal of an

23 alien shall be to any country which the

24 alien shall designate if such designation

25 does not, in the judgment of the Attorney
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1 General, in consultation with the Secretary

2 of State, impair the obligation of the

3 United States under any treaty (including

4 a treaty pertaining to extradition) or other5 wise adversely affect the foreign policy of

6 the United States.

7 ‘‘(ii) ALTERNATE COUNTRIES.—If the

8 alien refuses to designate a country to

9 which the alien wishes to be removed or if

10 the Attorney General, in consultation with

11 the Secretary of State, determines that re12 moval of the alien to the country so des13 ignated would impair a treaty obligation or

14 adversely affect United States foreign pol15 icy, the Attorney General shall cause the

16 alien to be removed to any country willing

17 to receive such alien.

18 ‘‘(C) CONTINUED DETENTION.—If no

19 country is willing to receive such an alien, the

20 Attorney General may, notwithstanding any

21 other provision of law, retain the alien in cus22 tody. The Attorney General, in coordination

23 with the Secretary of State, shall make periodic

24 efforts to reach agreement with other countries

25 to accept such an alien and at least every 6
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1 months shall provide to the attorney represent2 ing the alien at the special removal hearing a

3 written report on the Attorney General’s ef4 forts. Any alien in custody pursuant to this

5 subparagraph shall be released from custody

6 solely at the discretion of the Attorney General

7 and subject to such conditions as the Attorney

8 General shall deem appropriate.

9 ‘‘(D) FINGERPRINTING.—Before an alien

10 is transported out of the United States pursu11 ant to this subsection, or pursuant to an order

12 of exclusion because such alien is excludable

13 under section 212(a)(3)(B), the alien shall be

14 photographed and fingerprinted, and shall be

15 advised of the provisions of subsection 276(b).

16 ‘‘(d) CONTINUED DETENTION PENDING TRIAL.—

17 ‘‘(1) DELAY IN REMOVAL.—Notwithstanding

18 the provisions of subsection (c)(2), the Attorney

19 General may hold in abeyance the removal of an

20 alien who has been ordered removed pursuant to this

21 title to allow the trial of such alien on any Federal

22 or State criminal charge and the service of any sen23 tence of confinement resulting from such a trial.

24 ‘‘(2) MAINTENANCE OF CUSTODY.—Pending the

25 commencement of any service of a sentence of con-
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1 finement by an alien described in paragraph (1),

2 such an alien shall remain in the custody of the At3 torney General, unless the Attorney General deter4 mines that temporary release of the alien to the cus5 tody of State authorities for confinement in a State

6 facility is appropriate and would not endanger na7 tional security or public safety.

8 ‘‘(3) SUBSEQUENT REMOVAL.—Following the

9 completion of a sentence of confinement by an alien

10 described in paragraph (1) or following the comple11 tion of State criminal proceedings which do not re12 sult in a sentence of confinement of an alien released

13 to the custody of State authorities pursuant to para14 graph (2), such an alien shall be returned to the

15 custody of the Attorney General who shall proceed

16 to carry out the provisions of subsection (c)(2) con17 cerning removal of the alien.

18 ‘‘(e) APPLICATION OF CERTAIN PROVISIONS RELAT19 ING TO ESCAPE OF PRISONERS.—For purposes of sections

20 751 and 752 of title 18, United States Code, an alien in

21 the custody of the Attorney General pursuant to this title

22 shall be subject to the penalties provided by those sections

23 in relation to a person committed to the custody of the

24 Attorney General by virtue of an arrest on a charge of

25 a felony.
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1 ‘‘(f) RIGHTS OF ALIENS IN CUSTODY.—

2 ‘‘(1) FAMILY AND ATTORNEY VISITS.—An alien

3 in the custody of the Attorney General pursuant to

4 this title shall be given reasonable opportunity to

5 communicate with and receive visits from members

6 of the alien’s family, and to contact, retain, and

7 communicate with an attorney.

8 ‘‘(2) DIPLOMATIC CONTACT.—An alien in the

9 custody of the Attorney General pursuant to this

10 title shall have the right to contact an appropriate

11 diplomatic or consular official of the alien’s country

12 of citizenship or nationality or of any country pro13 viding representation services therefore. The Attor14 ney General shall notify the appropriate embassy,

15 mission, or consular office of the alien’s detention.’’.

16 (b) CRIMINAL PENALTY FOR REENTRY OF ALIEN

17 TERRORISTS.—Section 276(b) (8 U.S.C. 1326(b)) is

18 amended—

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

20 (1),

21 (2) by striking the period at the end of para22 graph (2) and inserting ‘‘; or’’, and

23 (3) by inserting after paragraph (2) the follow24 ing new paragraph:
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1 ‘‘(3) who has been excluded from the United

2 States pursuant to subsection 235(c) because the

3 alien was excludable under subsection 212(a)(3)(B)

4 or who has been removed from the United States

5 pursuant to the provisions of title V, and who there6 after, without the permission of the Attorney Gen7 eral, enters the United States or attempts to do so

8 shall be fined under title 18, United States Code,

9 and imprisoned for a period of 10 years, which sen10 tence shall not run concurrently with any other sen11 tence.’’.

12 (c) ELIMINATION OF CUSTODY REVIEW BY HABEAS

13 CORPUS.—Section 106(a) (8 U.S.C. 1105a(a)) is amend14 ed—

15 (1) by adding ‘‘and’’ at the end of paragraph

16 (8),

17 (2) by striking ‘‘; and’’ at the end of paragraph

18 (9) and inserting a period, and

19 (3) by striking paragraph (10).

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

21 this section shall take effect on the date of the enactment

22 of this Act and shall apply to all aliens without regard

23 to the date of entry or attempted entry into the United

24 States.
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1 SEC. 322. FUNDING FOR DETENTION AND REMOVAL OF

2 ALIEN TERRORISTS.

3 In addition to amounts otherwise appropriated, there

4 are authorized to be appropriated for each fiscal year (be5 ginning with fiscal year 1996) $5,000,000 to the Immigra6 tion and Naturalization Service for the purpose of detain7 ing and removing alien terrorists.

8 PART 2—INADMISSIBILITY AND DENIAL OF

9 RELIEF FOR ALIEN TERRORISTS

10 SEC. 331. MEMBERSHIP IN TERRORIST ORGANIZATION AS

11 GROUND OF INADMISSIBILITY.

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

13 1182(a)(3)(B)) is amended—

14 (1) in clause (i)—

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

16 subclause (I),

17 (B) in subclause (II), by inserting ‘‘en18 gaged in or’’ after ‘‘believe,’’, and

19 (C) by inserting after subclause (II) the

20 following:

21 ‘‘(III) is a representative of a ter22 rorist organization, or

23 ‘‘(IV) is a member of a terrorist

24 organization which the alien knows or

25 should have known is a terrorist orga26 nization,’’; and
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1 (2) by adding at the end the following:

2 ‘‘(iv) TERRORIST ORGANIZATION DE3 FINED.—

4 ‘‘(I) DESIGNATION.—For pur5 poses of this Act, the term ‘terrorist

6 organization’ means a foreign organi7 zation designated in the Federal Reg8 ister as a terrorist organization by the

9 Secretary of State, in consultation

10 with the Attorney General, based

11 upon a finding that the organization

12 engages in, or has engaged in, terror13 ist activity that threatens the national

14 security of the United States.

15 ‘‘(II) PROCESS.—At least 3 days

16 before designating an organization as

17 a terrorist organization through publi18 cation in the Federal Register, the

19 Secretary of State, in consultation

20 with the Attorney General, shall notify

21 the Committees on the Judiciary of

22 the House of Representatives and the

23 Senate of the intent to make such

24 designation and the findings and basis

25 for designation. The Secretary of
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1 State, in consultation with the Attor2 ney General, shall create an adminis3 trative record and may use classified

4 information in making such a designa5 tion. Such information is not subject

6 to disclosure so long as it remains

7 classified, except that it may be dis8 closed to a court ex parte and in cam9 era under subclause (III) for purposes

10 of judicial review of such a designa11 tion. The Secretary of State, in con12 sultation with the Attorney General,

13 shall provide notice and an oppor14 tunity for public comment prior to the

15 creation of the administrative record

16 under this subclause.

17 ‘‘(III) JUDICIAL REVIEW.—Any

18 organization designated as a terrorist

19 organization under the preceding pro20 visions of this clause may, not later

21 than 30 days after the date of the

22 designation, seek judicial review there23 of in the United States Court of Ap24 peals for the District of Columbia Cir25 cuit. Such review shall be based solely
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1 upon the administrative record, except

2 that the Government may submit, for

3 ex parte and in camera review, classi4 fied information considered in making

5 the designation. The court shall hold

6 unlawful and set aside the designation

7 if the court finds the designation to be

8 arbitrary, capricious, an abuse of dis9 cretion, or otherwise not in accord10 ance with law, lacking substantial

11 support in the administrative record

12 taken as a whole or in classified infor13 mation submitted to the court under

14 the previous sentence, contrary to

15 constitutional right, power, privilege,

16 or immunity, or not in accord with the

17 procedures required by law.

18 ‘‘(IV) CONGRESSIONAL REMOVAL

19 AUTHORITY.—The Congress reserves

20 the authority to remove, by law, the

21 designation of an organization as a

22 terrorist organization for purposes of

23 this Act.

24 ‘‘(V) SUNSET.—Subject to

25 subclause (IV), the designation under
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1 this clause of an organization as a

2 terrorist organization shall be effective

3 for a period of 2 years from the date

4 of the initial publication of the terror5 ist organization designation by the

6 Secretary of State. At the end of such

7 period (but no sooner than 60 days

8 prior to the termination of the 2-year9 designation period), the Secretary of

10 State, in consultation with the Attor11 ney General, may redesignate the or12 ganization in conformity with the re13 quirements of this clause for designa14 tion of the organization.

15 ‘‘(VI) REMOVAL AUTHORITY.—

16 The Secretary of State, in consulta17 tion with the Attorney General, may

18 remove the terrorist organization des19 ignation from any organization pre20 viously designated as such an organi21 zation, at any time, so long as the

22 Secretary publishes notice of the re23 moval in the Federal Register. The

24 Secretary is not required to report to
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1 Congress prior to so removing such

2 designation.

3 ‘‘(v) REPRESENTATIVE DEFINED.—In

4 this subparagraph, the term ‘representa5 tive’ includes an officer, official, or spokes6 man of the organization and any person

7 who directs, counsels, commands or in8 duces the organization or its members to

9 engage in terrorist activity.’’.

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

11 this section shall take effect on the date of the enactment

12 of this Act.

13 SEC. 332. DENIAL OF RELIEF FOR ALIEN TERRORISTS.

14 (a) WITHHOLDING OF DEPORTATION.—Section

15 243(h)(2) (8 U.S.C. 1253(h)(2)) is amended by adding

16 at the end the following new sentence: ‘‘For purposes of

17 subparagraph (D), an alien who is described in section

18 241(a)(4)(B) shall be considered to be an alien for whom

19 there are reasonable grounds for regarding as a danger

20 to the security of the United States.’’.

21 (b) SUSPENSION OF DEPORTATION.—Section 244(a)

22 (8 U.S.C. 1254(a)) is amended by striking ‘‘section

23 241(a)(4)(D)’’ and inserting ‘‘subparagraph (B) or (D) of

24 section 241(a)(4)’’.
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1 (c) VOLUNTARY DEPARTURE.—Section 244(e)(2) (8

2 U.S.C. 1254(e)(2)) is amended by inserting ‘‘under sec3 tion 241(a)(4)(B) or’’ after ‘‘who is deportable’’.

4 (d) ADJUSTMENT OF STATUS.—Section 245(c) (8

5 U.S.C. 1255(c)) is amended—

6 (1) by striking ‘‘or’’ before ‘‘(5)’’, and

7 (2) by inserting before the period at the end the

8 following: ‘‘, or (6) an alien who is deportable under

9 section 241(a)(4)(B)’’.

10 (e) REGISTRY.—Section 249(d) (8 U.S.C. 1259(d))

11 is amended by inserting ‘‘and is not deportable under sec12 tion 241(a)(4)(B)’’ after ‘‘ineligible to citizenship’’.

13 (f) EFFECTIVE DATE.—(1) The amendments made

14 by this section shall take effect on the date of the enact15 ment of this Act and shall apply to applications filed be16 fore, on, or after such date if final action has not been

17 taken on them before such date.

18 (2) The amendments made by subsections (a)

19 through (c) are subsequently superseded by the amend20 ments made by subtitle A.
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1 Subtitle C—Deterring Transpor2 tation of Unlawful Aliens to the

3 United States

4 SEC. 341. DEFINITION OF STOWAWAY.

5 (a) STOWAWAY DEFINED.—Section 101(a) (8 U.S.C.

6 1101(a)) is amended by adding the following new para7 graph:

8 ‘‘(47) The term ‘stowaway’ means any alien

9 who obtains transportation without the consent of

10 the owner, charterer, master or person in command

11 of any vessel or aircraft through either concealment

12 on board such vessel or aircraft or evasion of that

13 carrier’s standard boarding procedures.’’.

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

15 subsection (a) shall take effect on the date of the enact16 ment of this Act.

17 SEC. 342. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIV18 ING.

19 (a) IN GENERAL.—Section 231(a) (8 U.S.C.

20 1221(a)) is amended—

21 (1) by amending the first sentence to read as

22 follows: ‘‘In connection with the arrival of any per23 son by water or by air at any port within the United

24 States from any place outside the United States, it

25 shall be the duty of the master or commanding offi-
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1 cer, or authorized agent, owner, or consignee of the

2 vessel or aircraft, having such person on board to

3 deliver to the immigration officers at the port of ar4 rival, or other place designated by the Attorney Gen5 eral, electronic, typewritten, or printed lists or mani6 fests of the persons on board such vessel or air7 craft.’’;

8 (2) in the second sentence, by striking ‘‘shall be

9 prepared’’ and inserting ‘‘shall be prepared and sub10 mitted’’; and

11 (3) by inserting after the second sentence the

12 following sentence: ‘‘Such lists or manifests shall

13 contain, but not be limited to, for each person trans14 ported, the person’s full name, date of birth, gender,

15 citizenship, travel document number (if applicable)

16 and arriving flight number.’’.

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

18 subsection (a) shall apply to vessels or aircraft arriving

19 at ports of entry on or after such date (not later than

20 60 days after the date of the enactment of this Act) as

21 the Attorney General shall specify.
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1 SEC. 343. TRANSPORTATION LINE RESPONSIBILITY FOR

2 TRANSIT WITHOUT VISA ALIENS.

3 (a) IN GENERAL.—Section 238(c) (8 U.S.C.

4 1228(c)), before redesignation as section 233 under sec5 tion 308(b)(4), is amended—

6 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’, and

7 (2) by adding at the end the following new

8 paragraph:

9 ‘‘(2) Notwithstanding any other provision of this Act

10 and in consideration for bringing aliens transiting through

11 the United States without a visa, a transportation line

12 that has entered into a contract under this section is

13 deemed to have agreed to indemnify the United States

14 against any costs for the detention and removal from the

15 United States of any such alien who for any reason—

16 ‘‘(A) is refused admission to the United States,

17 ‘‘(B) fails to continue the alien’s journey to a

18 foreign country within the time prescribed by regula19 tion, or

20 ‘‘(C) is refused admission by the foreign coun21 try to which the alien is travelling while transiting

22 through the United States. ’’.

23 (b) EFFECTIVE DATE.—The amendment made by

24 subsection (a) shall apply to aliens arriving in the United

25 States on or after such date (not later than 60 days after
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1 the date of the enactment of this Act) as the Attorney

2 General shall specify.

3 SEC. 344. CIVIL PENALTIES FOR BRINGING INADMISSIBLE

4 ALIENS FROM CONTIGUOUS TERRITORIES.

5 (a) IN GENERAL.—Section 273 (8 U.S.C. 1323) is

6 amended—

7 (1) in subsection (a), by striking ‘‘(other than

8 from foreign contiguous territory)’’, and

9 (2) in subsection (b), by striking ‘‘$3,000’’ and

10 inserting ‘‘$5,000’’.

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

12 subsection (a) shall apply to aliens arriving in the United

13 States on or after such date (not later than 60 days after

14 the date of the enactment of this Act) as the Attorney

15 General shall specify.

16 Subtitle D—Additional Provisions

17 SEC. 351. DEFINITION OF CONVICTION.

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

19 1101(a)), as amended by section 341, is amended by add20 ing at the end the following new paragraph:

21 ‘‘(48) The term ‘conviction’ means a formal

22 judgment of guilt entered by a court or, if adjudica23 tion of guilt has been withheld, where all of the fol24 lowing elements are present:
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1 ‘‘(A) A judge or jury has found the alien

2 guilty or the alien has entered a plea of guilty

3 or nolo contendere or has admitted sufficient

4 facts to warrant a finding of guilt.

5 ‘‘(B) The judge has ordered some form of

6 punishment, penalty, or restraint on the alien’s

7 liberty to be imposed.

8 ‘‘(C) A judgment or adjudication of guilt

9 may be entered if the alien violates the terms

10 of the probation or fails to comply with the re11 quirements of the court’s order, without avail12 ability of further proceedings regarding the

13 alien’s guilt or innocence of the original

14 charge.’’.

15 (b) EFFECTIVE DATE.—The amendment made by

16 subsection (a) shall apply to convictions entered before,

17 on, or after the date of the enactment of this Act.

18 SEC. 352. USE OF TERM ‘‘IMMIGRATION JUDGE’’.

19 (a) DEFINITION OF TERM.—Paragraph (4) of section

20 101(b) (8 U.S.C. 1101(b)) is amended to read as follows:

21 ‘‘(4) The term ‘immigration judge’ means an attorney

22 whom the Attorney General deems specially qualified to

23 conduct specified classes of proceedings, including a hear24 ing under section 240. An immigration judge shall be sub25 ject to such supervision and shall perform such duties as
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1 the Attorney General shall prescribe, but shall not be em2 ployed by the Immigration and Naturalization Service.’’.

3 (b) SUBSTITUTION FOR TERM ‘‘SPECIAL INQUIRY

4 OFFICER’’.—The Immigration and Nationality Act is

5 amended by striking ‘‘special inquiry officer’’ and ‘‘special

6 inquiry officers’’ and inserting ‘‘immigration judge’’ and

7 ‘‘immigration judges’’, respectively, each place it appears

8 in the following sections:

9 (1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)).

10 (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).

11 (3) Section 234 (8 U.S.C. 1224).

12 (4) Section 235 (8 U.S.C. 1225).

13 (5) Section 236 (8 U.S.C. 1226).

14 (6) Section 242(b) (8 U.S.C. 1252(b)).

15 (7) Section 242(d)(1) (8 U.S.C. 1252(d)(1)).

16 (8) Section 292 (8 U.S.C. 1362).

17 (c) EFFECTIVE DATE.—The amendments made by

18 this section shall take effect on the date of the enactment

19 of this Act.

20 SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT

21 STATUS.

22 (a) IN GENERAL.—Section 246(a) (8 U.S.C.

23 1256(a)) is amended by adding at the end the following

24 sentence: ‘‘Nothing in this subsection shall require the At25 torney General to rescind the alien’s status prior to com-
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1 mencement of procedures to remove the alien under sec2 tion 240, and an order of removal issued by an immigra3 tion judge shall be sufficient to rescind the alien’s sta4 tus.’’.

5 (b) EFFECTIVE DATE.—The amendment made by

6 subsection (a) shall take effect on the title III–A effective

7 date (as defined in section 309(a)).

8 SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.

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

10 Act is amended by inserting after section 274C the follow11 ing new section:

12 ‘‘CIVIL PENALTIES FOR FAILURE TO DEPART

13 ‘‘SEC. 274D. (a) IN GENERAL.—Any alien subject to

14 a final order of removal who—

15 ‘‘(1) willfully fails or refuses to—

16 ‘‘(A) depart from the United States pursu17 ant to the order,

18 ‘‘(B) make timely application in good faith

19 for travel or other documents necessary for de20 parture, or

21 ‘‘(C) present for removal at the time and

22 place required by the Attorney General; or

23 ‘‘(2) conspires to or takes any action designed

24 to prevent or hamper the alien’s departure pursuant

25 to the order,
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1 shall pay a civil penalty of not more $500 to the Commis2 sioner for each day the alien is in violation of this section.

3 ‘‘(b) CONSTRUCTION.—Nothing in this section shall

4 be construed to diminish or qualify any penalties to which

5 an alien may be subject for activities proscribed by section

6 243(a) or any other section of this Act.’’.

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

8 is amended by inserting after the item relating to section

9 274C the following new item:

‘‘Sec. 274D. Civil penalties for failure to depart.’’.

10 (c) EFFECTIVE DATE.—The amendments made by

11 subsection (a) shall apply to actions occurring on or after

12 the title III–A effective date (as defined in section 309(a)).

13 SEC. 355. CLARIFICATION OF DISTRICT COURT JURISDIC14 TION.

15 (a) IN GENERAL.—Section 279 (8 U.S.C. 1329) is

16 amended—

17 (1) by amending the first sentence to read as

18 follows: ‘‘The district courts of the United States

19 shall have jurisdiction of all causes, civil and crimi20 nal, brought by the United States that arise under

21 the provisions of this title.’’, and

22 (2) by adding at the end the following new sen23 tence: ‘‘Nothing in this section shall be construed as

24 providing jurisdiction for suits against the United

25 States or its agencies or officers.’’.
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1 (b) EFFECTIVE DATE.—The amendments made by

2 subsection (a) shall apply to actions filed after the date

3 of the enactment of this Act.

4 øSEC. 356. USE OF RETIRED FEDERAL EMPLOYEES FOR IN5 STITUTIONAL HEARING PROGRAM.

6 ø(a) AUTHORIZATION OF TEMPORARY EMPLOYMENT

7 OF CERTAIN ANNUITANTS AND RETIREES.—For the pur8 pose of performing duties in connection with supporting

9 the enhanced Institutional Hearing Program, the Attorney

10 General may employ for a period not to exceed 24 months

11 (beginning 3 months after the date of the enactment of

12 this Act) not more than 300 individuals (at any one time)

13 who, by reason of separation from service on or before

14 January 1, 1995, are receiving—

15 ø(1) annuities under the provisions of sub16 chapter III of chapter 83 of title 5, United States

17 Code, or chapter 84 of such title;

18 ø(2) annuities under any other retirement sys19 tem for employees of the Federal Government; or

20 ø(3) retired or retainer pay as retired officers

21 of regular components of the uniformed services.

22 ø(b) NO REDUCTION IN ANNUITY OR RETIREMENT

23 PAY OR REDETERMINATION OF PAY DURING TEMPORARY

24 EMPLOYMENT.—
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1 ø(1) RETIREES UNDER CIVIL SERVICE RETIRE2 MENT SYSTEM AND FEDERAL EMPLOYEES’ RETIRE3 MENT SYSTEM.—In the case of an individual em4 ployed under subsection (a) who is receiving an an5 nuity described in subsection (a)(1)—

6 ø(A) such individual’s annuity shall con7 tinue during the employment under subsection

8 (a) and shall not be increased as a result of

9 service performed during that employment;

10 ø(B) retirement deductions shall not be

11 withheld from such individual’s pay; and

12 ø(C) such individual’s pay shall not be

13 subject to any deduction based on the portion

14 of such individual’s annuity which is allocable

15 to the period of employment.

16 ø(2) OTHER FEDERAL RETIREES.—The Presi17 dent shall apply the provisions of paragraph (1) to

18 individuals who are receiving an annuity described in

19 subsection (a)(2) and who are employed under sub20 section (a) in the same manner and to the same ex21 tent as such provisions apply to individuals who are

22 receiving an annuity described in subsection (a)(1)

23 and who are employed under subsection (a).

24 ø(3) RETIRED OFFICERS OF THE UNIFORM

25 SERVICES.—The retired or retainer pay of a retired
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1 officer of a regular component of a uniformed serv2 ice shall not be reduced under section 5532 of title

3 5, United States Code, by reason of temporary em4 ployment authorized under subsection (a).¿

5 SEC. ø357.¿ ø356.¿ ENHANCED PENALTIES FOR FAILURE TO

6 DEPART, ILLEGAL REENTRY, AND PASSPORT

7 AND VISA FRAUD.

8 (a) FAILING TO DEPART.—The United States Sen9 tencing Commission shall promptly promulgate, pursuant

10 to section 994 of title 28, United States Code, amend11 ments to the sentencing guidelines to make appropriate

12 increases in the base offense level for offenses under sec13 tion 242(e) and 276(b) of the Immigration and National14 ity Act (8 U.S.C. 1252(e) and 1326(b)) to reflect the

15 amendments made by section 130001 of the Violent Crime

16 Control and Law Enforcement Act of 1994.

17 (b) PASSPORT AND VISA OFFENSES.—The United

18 States Sentencing Commission shall promptly promulgate,

19 pursuant to section 994 of title 28, United States Code,

20 amendments to the sentencing guidelines to make appro21 priate increases in the base offense level for offenses under

22 chapter 75 of title 18, United States Code to reflect the

23 amendments made by section 130009 of the Violent Crime

24 Control and Law Enforcement Act of 1994.
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1 SEC. ø358.¿ ø357.¿ AUTHORIZATION OF ADDITIONAL FUNDS

2 FOR REMOVAL OF ALIENS.

3 In addition to the amounts otherwise authorized to

4 be appropriated for each fiscal year beginning with fiscal

5 year 1996, there are authorized to be appropriated to the

6 Attorney General $150,000,000 for costs associated with

7 the removal of inadmissible or deportable aliens, including

8 costs of detention of such aliens pending their removal,

9 the hiring of more investigators, and the hiring of more

10 detention and deportation officers.

11 SEC. ø359.¿ ø358.¿ APPLICATION OF ADDITIONAL CIVIL PEN12 ALTIES TO ENFORCEMENT.

13 (a) IN GENERAL.—Subsection (b) of section 280 (8

14 U.S.C. 1330(b)) is amended to read as follows:

15 ‘‘(b)(1) There is established in the general fund of

16 the Treasury a separate account which shall be known as

17 the ‘Immigration Enforcement Account’. Notwithstanding

18 any other section of this title, there shall be deposited as

19 offsetting receipts into the Immigration Enforcement Ac20 count amounts described in paragraph (2) to remain avail21 able until expended.

22 ‘‘(2) The amounts described in this paragraph are the

23 following:

24 ‘‘(A) The increase in penalties collected result25 ing from the amendments made by sections 203(b)

26 and 543(a) of the Immigration Act of 1990.
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1 ‘‘(B) Civil penalties collected under sections

2 240B(d), 274C, 274D, and 275(b).

3 ‘‘(3)(A) The Secretary of the Treasury shall refund

4 out of the Immigration Enforcement Account to any ap5 propriation the amount paid out of such appropriation for

6 expenses incurred by the Attorney General for activities

7 that enhance enforcement of provisions of this title, in8 cluding—

9 ‘‘(i) the identification, investigation, apprehen10 sion, detention, and removal of criminal aliens;

11 ‘‘(ii) the maintenance and updating of a system

12 to identify and track criminal aliens, deportable

13 aliens, inadmissible aliens, and alien illegally enter14 ing the United States; and

15 ‘‘(iii) for the repair, maintenance, or construc16 tion on the United States border, in areas experienc17 ing high levels of apprehensions of illegal aliens, of

18 structures to deter illegal entry into the United

19 States.

20 ‘‘(B) The amounts which are required to be refunded

21 under subparagraph (A) shall be refunded at least quar22 terly on the basis of estimates made by the Attorney Gen23 eral of the expenses referred to in subparagraph (A).

24 Proper adjustments shall be made in the amounts subse25 quently refunded under subparagraph (A) to the extent
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1 prior estimates were in excess of, or less than, the amount

2 required to be refunded under subparagraph (A).’’.

3 (b) IMMIGRATION USER FEE ACCOUNT.—Section

4 286(h)(1)(B) (8 U.S.C. 1356(h)(1)(B)) is amended by

5 striking ‘‘271’’ and inserting ‘‘243(c), 271,’’.

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

7 this section shall apply to fines and penalties collected on

8 or after the date of the enactment of this Act.

9 SEC. ø360.¿ ø359.¿ PRISONER TRANSFER TREATIES.

10 (a) NEGOTIATION.—Congress advises the President

11 to begin to negotiate and renegotiate, not later than 90

12 days after the date of the enactment of this Act, bilateral

13 prisoner transfer treaties. The focus of such negotiations

14 shall be—

15 (1) to expedite the transfer of aliens unlawfully

16 in the United States who are (or are about to be)

17 incarcerated in United States prisons,

18 (2) to ensure that a transferred prisoner serves

19 the balance of the sentence imposed by the United

20 States courts, and

21 (3) to eliminate any requirement of prisoner

22 consent to such a transfer.

23 In entering into such negotiations, the President may con24 sider providing for appropriate compensation in cases

25 where the United States is able to independently verify
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1 the adequacy of the sites where aliens will be imprisoned

2 under such a treaty.

3 (b) CERTIFICATION.—The President shall submit to

4 the Congress, annually, a certification as to whether each

5 prisoner transfer treaty in force is effective in returning

6 aliens unlawfully in the United States who have committed

7 offenses for which they are incarcerated in the United

8 States to their country of nationality for further incarcer9 ation.

10 SEC. ø361.¿ ø360.¿ CRIMINAL ALIEN IDENTIFICATION SYS11 TEM.

12 Subsection (a) of section 130002 of the Violent Crime

13 Control and Law Enforcement Act of 1994 (Public Law

14 103–312) is amended to read as follows:

15 ‘‘(a) OPERATION AND PURPOSE.—The Commissioner

16 of Immigration and Naturalization shall, under the au17 thority of section 242(a)(3)(A) of the Immigration and

18 Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a crimi19 nal alien identification system. The criminal alien identi20 fication system shall be used to assist Federal, State, and

21 local law enforcement agencies in identifying and locating

22 aliens who may be subject to removal by reason of their

23 conviction of aggravated felonies, subject to prosecution

24 under section 275 of such Act, not lawfully present in the

25 United States, or otherwise removable. Such system shall
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1 include providing for recording of fingerprint records of

2 aliens who have been previously arrested and removed into

3 appropriate automated fingerprint identification sys4 tems.’’.

5 SEC. ø362.¿ ø361.¿ WAIVER OF EXCLUSION AND DEPORTA6 TION GROUND FOR CERTAIN SECTION 274C

7 VIOLATORS.

8 (a) EXCLUSION GROUNDS.—Section 212 (8 U.S.C.

9 1182) is amended—

10 (1) by amending subparagraph (F) of sub11 section (a)(6) to read as follows:

12 ‘‘(F) SUBJECT OF CIVIL PENALTY.—

13 ‘‘(i) IN GENERAL.—An alien who is the

14 subject of a final order for violation of section

15 274C is inadmissible.

16 ‘‘(ii) WAIVER AUTHORIZED.—For provision

17 authorizing waiver of clause (i), see subsection

18 (d)(12).’’; and

19 (2) by adding at the end of subsection (d) the

20 following new paragraph:

21 ‘‘(12) The Attorney General may, in the discretion

22 of the Attorney General for humanitarian purposes, to as23 sure family unity, or when it is otherwise in the public

24 interest, waive application of clause (i) of subsection

25 (a)(6)(F)—
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1 ‘‘(A) in the case of an alien lawfully admitted

2 for permanent residence who temporarily proceeded

3 abroad voluntarily and not under an order of depor4 tation and who is otherwise admissible to the United

5 States as a returning resident under section 211(b),

6 and

7 ‘‘(B) in the case of an alien seeking admission

8 or adjustment of status under section 201(b)(2)(A)

9 or under section 203(a),

10 if the violation under section 274C was committed solely

11 to assist, aid, or support the alien’s spouse, parent, son,

12 or daughter (and not another individual).’’.

13 (b) GROUND OF DEPORTATION.—Subparagraph (C)

14 of section 241(a)(3) (8 U.S.C. 1251(a)(3)), before redesig15 nation by section 305(a)(2), is amended to read as follows:

16 ‘‘(C) DOCUMENT FRAUD.—

17 ‘‘(i) IN GENERAL.—An alien who is

18 the subject of a final order for violation of

19 section 274C is deportable.

20 ‘‘(ii) WAIVER AUTHORIZED.—The At21 torney General may waive clause (i) in the

22 case of an alien lawfully admitted for per23 manent residence if the alien’s civil money

24 penalty under section 274C was incurred

25 solely to assist, aid, or support the alien’s
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1 spouse, parent, son, or daughter (and no

2 other individual).’’.

3 SEC. ø363.¿ ø362.¿ AUTHORIZING REGISTRATION OF ALIENS

4 ON CRIMINAL PROBATION OR CRIMINAL PA5 ROLE.

6 Section 263(a) (8 U.S.C. 1303(a)) is amended by

7 striking ‘‘and (5)’’ and inserting ‘‘(5) aliens who are or

8 have been on criminal probation or criminal parole within

9 the United States, and (6)’’.

10 TITLE IV—ENFORCEMENT OF

11 RESTRICTIONS AGAINST EM12 PLOYMENT

13 SEC. 401. STRENGTHENED ENFORCEMENT OF THE EM14 PLOYER SANCTIONS PROVISIONS.

15 (a) IN GENERAL.—The number of full-time equiva16 lent positions in the Investigations Division within the Im17 migration and Naturalization Service of the Department

18 of Justice beginning in fiscal year 1996 shall be increased

19 by 350 positions above the number of full-time equivalent

20 positions available to such Division as of September 30,

21 1994.

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

23 additional positions described in subsection (a) shall be as24 signed to investigate violations of the employer sanctions

25 provisions contained in section 274A of the Immigration
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1 and Nationality Act, including investigating reports of vio2 lations received from officers of the Employment Stand3 ards Administration of the Department of Labor.

4 SEC. 402. STRENGTHENED ENFORCEMENT OF WAGE AND

5 HOUR LAWS.

6 (a) IN GENERAL.—The number of full-time equiva7 lent positions in the Wage and Hour Division with the

8 Employment Standards Administration of the Department

9 of Labor beginning in fiscal year 1996 shall be increased

10 by 150 positions above the number of full-time equivalent

11 positions available to the Wage and Hour Division as of

12 September 30, 1994.

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

14 additional positions described in subsection (a) shall be as15 signed to investigate violations of wage and hour laws in

16 areas where the Attorney General has notified the Sec17 retary of Labor that there are high concentrations of un18 documented aliens.

19 SEC. 403. CHANGES IN THE EMPLOYER SANCTIONS PRO20 GRAM.

21 (a) REDUCING THE NUMBER OF DOCUMENTS AC22 CEPTED FOR EMPLOYMENT VERIFICATION.—Section

23 274A(b) (8 U.S.C. 1324a(b)) is amended—

24 (1) in paragraph (1)(B)—

25 (A) by adding ‘‘or’’ at the end of clause (i),
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1 (B) by striking clauses (ii) through (iv),

2 and

3 (C) in clause (v), by striking ‘‘or other

4 alien registration card, if the card’’ and insert5 ing ‘‘, alien registration card, or other docu6 ment designated by regulation by the Attorney

7 General, if the document’’ and redesignating

8 such clause as clause (ii);

9 (2) by amending subparagraph (C) of para10 graph (1) to read as follows:

11 ‘‘(C) SOCIAL SECURITY ACCOUNT NUMBER

12 CARD AS EVIDENCE OF EMPLOYMENT AUTHOR13 IZATION.—A document described in this sub14 paragraph is an individual’s social security ac15 count number card (other than such a card

16 which specifies on the face that the issuance of

17 the card does not authorize employment in the

18 United States).’’; and

19 (3) by amending paragraph (2) to read as fol20 lows:

21 ‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOY22 MENT AUTHORIZATION AND PROVISION OF SOCIAL

23 SECURITY ACCOUNT NUMBER.—The individual

24 must—
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1 ‘‘(A) attest, under penalty of perjury on

2 the form designated or established for purposes

3 of paragraph (1), that the individual is a citizen

4 or national of the United States, an alien law5 fully admitted for permanent residence, or an

6 alien who is authorized under this Act or by the

7 Attorney General to be hired, recruited, or re8 ferred for such employment; and

9 ‘‘(B) provide on such form the individual’s

10 social security account number.’’.

11 (b) EMPLOYMENT ELIGIBILITY CONFIRMATION

12 PROCESS.—Section 274A (8 U.S.C. 1324a) is amended—

13 (1) in subsection (a)(3), by inserting ‘‘(A)’’

14 after ‘‘DEFENSE.—’’, and by adding at the end the

15 following:

16 ‘‘(B) FAILURE TO SEEK AND OBTAIN CON17 FIRMATION.—In the case of a hiring of an individual

18 for employment in the United States, if such a per19 son or entity—

20 ‘‘(i) has not made an inquiry, under the

21 mechanism established under subsection (b)(6),

22 seeking confirmation of the identity, social secu23 rity number, and work eligibility of the individ24 ual, by not later than the end of 2 working days

25 (as specified by the Attorney General) after the
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1 date of the hiring, the defense under subpara2 graph (A) shall not be considered to apply with

3 respect to any employment after such 2 working

4 days, and

5 ‘‘(ii) has made the inquiry described in

6 clause (i) but has not received an appropriate

7 confirmation of such identity, number, and

8 work eligibility under such mechanism within

9 the time period specified under subsection

10 (b)(6)(D)(iii) after the time the confirmation

11 inquiry was received, the defense under sub12 paragraph (A) shall not be considered to apply

13 with respect to any employment after the end of

14 such time period.’’;

15 (2) by amending paragraph (3) of subsection

16 (b) to read as follows:

17 ‘‘(3) RETENTION OF VERIFICATION FORM AND

18 CONFIRMATION.—After completion of such form in

19 accordance with paragraphs (1) and (2), the person

20 or entity must—

21 ‘‘(A) retain the form and make it available

22 for inspection by officers of the Service, the

23 Special Counsel for Immigration-Related Unfair

24 Employment Practices, or the Department of

25 Labor during a period beginning on the date of
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1 the hiring, recruiting, or referral of the individ2 ual and ending—

3 ‘‘(i) in the case of the recruiting or re4 ferral for a fee (without hiring) of an indi5 vidual, three years after the date of the re6 cruiting or referral, and

7 ‘‘(ii) in the case of the hiring of an in8 dividual—

9 ‘‘(I) three years after the date of

10 such hiring, or

11 ‘‘(II) one year after the date the

12 individual’s employment is terminated,

13 whichever is later; and

14 ‘‘(B) for individuals hired on or after Octo15 ber 1, 1999 (or, in a State with respect to

16 which a pilot program described in section

17 403(e)(2)(B) of the Immigration in the Na18 tional Interest Act of 1995 is in effect, on or

19 after such earlier date as the Attorney General

20 specifies), seek (within 2 working days of the

21 date of hiring) and have (within the time period

22 specified under paragraph (6)(D)(iii)) the iden23 tity, social security number, and work eligibility

24 of the individual confirmed in accordance with
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1 the procedures established under paragraph

2 (6).’’; and

3 (3) by adding at the end of subsection (b) the

4 following new paragraph:

5 ‘‘(6) EMPLOYMENT ELIGIBILITY CONFIRMATION

6 PROCESS.—

7 ‘‘(A) IN GENERAL.—The Attorney General

8 shall establish a confirmation mechanism

9 through which the Attorney General (or a des10 ignee of the Attorney General)—

11 ‘‘(i) responds to inquiries by employ12 ers, made through a toll-free telephone line

13 or other electronic media in the form of an

14 appropriate confirmation code or other15 wise, on whether an individual is author16 ized to be employed by that employer, and

17 ‘‘(ii) maintains a record that such an

18 inquiry was made and the confirmation

19 provided (or not provided).

20 ‘‘(B) EXPEDITED PROCEDURE IN CASE OF

21 NO CONFIRMATION.—In connection with sub22 paragraph (A), the Attorney General shall es23 tablish, in consultation with the Commissioner

24 of Social Security and the Commissioner of the

25 Service, expedited procedures that shall be used
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1 to confirm the validity of information used

2 under the confirmation mechanism in cases in

3 which the confirmation is sought but is not pro4 vided through the confirmation mechanism.

5 ‘‘(C) DESIGN AND OPERATION OF MECHA6 NISM.—The confirmation mechanism shall be

7 designed and operated to maximize—

8 ‘‘(i) the reliability of the confirmation

9 process, and

10 ‘‘(ii) the ease of use by employers, re11 cruiters, and referrers,

12 consistent with insulating and protecting the

13 privacy and security of the underlying informa14 tion.

15 ‘‘(D) CONFIRMATION PROCESS.—(i) As

16 part of the confirmation mechanism, the Com17 missioner of Social Security shall establish a re18 liable, secure method, which within the time pe19 riod specified under clause (iii), compares the

20 name and social security account number pro21 vided against such information maintained by

22 the Commissioner in order to confirm (or not

23 confirm) the validity of the information pro24 vided and whether the account number indi25 cates that the individual is authorized to be em-
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1 ployed in the United States. The Commissioner

2 shall not disclose or release social security infor3 mation.

4 ‘‘(ii) As part of the confirmation mecha5 nism, the Commissioner of the Service shall es6 tablish a reliable, secure method, which, within

7 the time period specified under clause (iii),

8 compares the name and alien identification

9 number (if any) provided against such informa10 tion maintained by the Commissioner in order

11 to confirm (or not confirm) the validity of the

12 information provided and whether the alien is

13 authorized to be employed in the United States.

14 ‘‘(iii) For purposes of this section, the At15 torney General shall specify, in consultation

16 with the Commissioner of Social Security and

17 the Commissioner of the Service, an expedited

18 time period within which confirmation is to be

19 provided through the confirmation mechanism.

20 ‘‘(iv) The Commissioners shall update their

21 information in a manner that promotes the

22 maximum accuracy and shall provide a process

23 for the prompt correction of erroneous informa24 tion.
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1 ‘‘(E) PROTECTIONS.—(i) In no case shall

2 an individual be denied employment because of

3 inaccurate or inaccessible data under the con4 firmation mechanism.

5 ‘‘(ii) The Attorney General shall assure

6 that there is a timely and accessible process to

7 challenge nonconfirmations made through the

8 mechanism.

9 ‘‘(F) TESTER PROGRAM.—As part of the

10 confirmation mechanism, the Attorney General

11 shall implement a program of testers and inves12 tigative activities (similar to testing and other

13 investigative activities assisted under the fair

14 housing initiatives program under section 561

15 of the Housing and Community Development

16 Act of 1987 to enforce rights under the Fair

17 Housing Act) in order to monitor and prevent

18 unlawful discrimination under the mechanism.’’.

19 (c) REDUCTION OF PAPERWORK FOR CERTAIN EM20 PLOYEES.—Section 274A(a) (8 U.S.C. 1324a(a)) is

21 amended by adding at the end the following new para22 graph:

23 ‘‘(6) TREATMENT OF DOCUMENTATION FOR

24 CERTAIN EMPLOYEES.—
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1 ‘‘(A) IN GENERAL.—For purposes of para2 graphs (1)(B) and (3), if—

3 ‘‘(i) an individual is a member of a

4 collective-bargaining unit and is employed,

5 under a collective bargaining agreement

6 entered into between one or more employee

7 organizations and an association of two or

8 more employers, by an employer that is a

9 member of such association, and

10 ‘‘(ii) within the period specified in

11 subparagraph (B), another employer that

12 is a member of the association (or an

13 agent of such association on behalf of the

14 employer) has complied with the require15 ments of subsection (b) with respect to the

16 employment of the individual,

17 the subsequent employer shall be deemed to

18 have complied with the requirements of sub19 section (b) with respect to the hiring of the em20 ployee and shall not be liable for civil penalties

21 described in subsection (e)(5).

22 ‘‘(B) PERIOD.—The period described in

23 this subparagraph is—

24 ‘‘(i) up to 5 years in the case of an in25 dividual who has presented documentation
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1 identifying the individual as a national of

2 the United States or as an alien lawfully

3 admitted for permanent residence; or

4 ‘‘(ii) up to 3 years (or, if less, the pe5 riod of time that the individual is author6 ized to be employed in the United States)

7 in the case of another individual.

8 ‘‘(C) LIABILITY.—

9 ‘‘(i) IN GENERAL.—If any employer

10 that is a member of an association hires

11 for employment in the United States an in12 dividual and relies upon the provisions of

13 subparagraph (A) to comply with the re14 quirements of subsection (b) and the indi15 vidual is an unauthorized alien, then for

16 the purposes of paragraph (1)(A), subject

17 to clause (ii), the employer shall be pre18 sumed to have known at the time of hiring

19 or afterward that the individual was an un20 authorized alien.

21 ‘‘(ii) REBUTTAL OF PRESUMPTION.—

22 The presumption established by clause (i)

23 may be rebutted by the employer only

24 through the presentation of clear and con25 vincing evidence that the employer did not
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1 know (and could not reasonably have

2 known) that the individual at the time of

3 hiring or afterward was an unauthorized

4 alien.’’.

5 (d) ELIMINATION OF DATED PROVISIONS.—Section

6 274A (8 U.S.C. 1324a) is amended by striking subsections

7 (i) through (n).

8 (e) EFFECTIVE DATES.—

9 (1) Except as provided in this subsection, the

10 amendments made by this section shall apply with

11 respect to hiring (or recruiting or referring) occur12 ring on or after such date (not later than 180 days

13 after the date of the enactment of this Act) as the

14 Attorney General shall designate.

15 (2)(A) The Attorney General shall establish the

16 employment eligibility confirmation mechanism (de17 scribed in section 274A(b)(6) of the Immigration

18 and Nationality Act, as added by subsection (b)) by

19 not later than October 1, 1999.

20 (B) Before establishing the mechanism, the At21 torney General shall undertake such pilot projects

22 for all employers, in at least 5 of the 7 States with

23 the highest estimated population of unauthorized

24 aliens, as will test and assure that the mechanism

25 implemented is reliable and easy to use. Such
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1 projects shall be initiated not later than 6 months

2 after the date of the enactment of this Act.

3 (C) The Attorney General shall submit to the

4 Congress, beginning in 1997, annual reports on the

5 development and implementation of the mechanism.

6 (3) The amendment made by subsection (c)

7 shall apply to individuals hired on or after 60 days

8 after the date of the enactment of this Act.

9 (4) The amendment made by subsection (d)

10 shall take effect on the date of the enactment of this

11 Act.

12 SEC. 404. REPORTS ON EARNINGS OF ALIENS NOT AUTHOR13 IZED TO WORK.

14 Subsection (c) of section 290 (8 U.S.C. 1360) is

15 amended to read as follows:

16 ‘‘(c)(1) Not later than 3 months after the end of each

17 fiscal year (beginning with fiscal year 1995), the Commis18 sioner of Social Security shall report to the Committees

19 on the Judiciary of the House of Representatives and the

20 Senate on the aggregate number of social security account

21 numbers issued to aliens not authorized to be employed

22 to which earnings were reported to the Social Security Ad23 ministration in such fiscal year.

24 ‘‘(2) If earnings are reported on or after January 1,

25 1996, to the Social Security Administration on a social
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1 security account number issued to an alien not authorized

2 to work in the United States, the Commissioner of Social

3 Security shall provide the Attorney General with informa4 tion regarding the name and address of the alien, the

5 name and address of the person reporting the earnings,

6 and the amount of the earnings. The information shall be

7 provided in an electronic form agreed upon by the Com8 missioner and the Attorney General.’’.

9 SEC. 405. AUTHORIZING MAINTENANCE OF CERTAIN IN10 FORMATION ON ALIENS.

11 Section 264 (8 U.S.C. 1304) is amended by adding

12 at the end the following new subsection:

13 ‘‘(f) Notwithstanding any other provision of law, the

14 Attorney General is authorized to require any alien to pro15 vide the alien’s social security account number for pur16 poses of inclusion in any record of the alien maintained

17 by the Attorney General or the Service.’’.

18 SEC. 406. LIMITING LIABILITY FOR CERTAIN TECHNICAL

19 VIOLATIONS OF PAPERWORK REQUIRE20 MENTS.

21 (a) IN GENERAL.—Section 274A(e)(1) (8 U.S.C.

22 1324a(e)(1)) is amended—

23 (1) by striking ‘‘and’’ at the end of subpara24 graph (C),
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1 (2) by striking the period at the end of sub2 paragraph (D) and inserting ‘‘, and’’, and

3 (3) by adding at the end the following new sub4 paragraph:

5 ‘‘(E) under which a person or entity shall

6 not be considered to have failed to comply with

7 the requirements of subsection (b) based upon

8 a technical or procedural failure to meet a re9 quirement of such subsection in which there

10 was a good faith attempt to comply with the re11 quirement unless (i) the Service (or another en12 forcement agency) has explained to the person

13 or entity the basis for the failure, (ii) the per14 son or entity has been provided a period of not

15 less than 10 business days (beginning after the

16 date of the explanation) within which to correct

17 the failure, and (iii) the person or entity has

18 not corrected the failure voluntarily within such

19 period, except that this subparagraph shall not

20 apply with respect to the engaging by any per21 son or entity of a pattern or practice of viola22 tions of subsection (a)(1)(A) or (a)(2).’’.

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

24 subsection (a) shall apply to failures occurring on or after

25 the date of the enactment of this Act.
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1 SEC. 407. REMEDIES IN UNFAIR IMMIGRATION-RELATED

2 DISCRIMINATION ORDERS.

3 (a) REQUIRING CERTAIN REMEDIES.—Section

4 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is amended—

5 (1) in subparagraph (A), by adding at the end

6 the following: ‘‘Such order also shall require the per7 son or entity to comply with the requirements of

8 clauses (ii) and (vi) of subparagraph (B).’’;

9 (2) in subparagraph (B), by striking ‘‘Such an

10 order’’ and inserting ‘‘Subject to the second sentence

11 of subparagraph (A), such an order’’; and

12 (3) in subparagraph (B)(vi), by inserting before

13 the semicolon at the end the following: ‘‘and to cer14 tify the fact of such education’’.

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

16 subsection (a) shall apply to orders issued on or after the

17 first day of the first month beginning at least 90 days

18 after the date of the enactment of this Act.

19 TITLE V—REFORM OF LEGAL

20 IMMIGRATION SYSTEM

21 SEC. 500. OVERVIEW OF NEW LEGAL IMMIGRATION SYS22 TEM.

23 This title amends the legal immigration provisions of

24 the Immigration and Nationality Act so as to provide for

25 the following (beginning with fiscal year 1997):
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1 (1) DIVISION OF IMMIGRATION AMONG 3 CAT2 EGORIES.—There will be a worldwide level of immi3 gration of approximately 535,000, divided among—

4 (A) family-sponsored immigrants, with a

5 worldwide annual numerical limitation (after a

6 transition) of approximately 330,000,

7 (B) employment-based immigrants, with a

8 worldwide annual numerical limitation of

9 135,000, and

10 (C) humanitarian immigrants, with a

11 worldwide annual numerical limitation (after a

12 transition) of approximately 70,000.

13 Congress is required to reevaluate and reauthorize

14 these numbers every 5 years.

15 (2) FAMILY-SPONSORED IMMIGRANTS.—

16 (A) CATEGORIES.—Family-sponsored im17 migrants are (i) spouses and children of citi18 zens, (ii) spouses and children of permanent

19 resident aliens, and (iii) parents of adult United

20 States citizens if a majority of the sons and

21 daughters of the parents are in the United

22 States and the parents meet certain insurance

23 requirements.

24 (B) NUMERICAL LIMITATIONS.—
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1 (i) There will be no direct numerical

2 limit on admission of spouses and children

3 of United States citizens.

4 (ii) The annual numerical limit on ad5 mission of spouses and children of perma6 nent residents will be below 85,000.

7 (3) EMPLOYMENT-BASED IMMIGRANTS.—Em8 ployment-based immigrants will fall within the fol9 lowing categories and numerical limitations:

10 (A) EXTRAORDINARY IMMIGRANTS.—First,

11 aliens with extraordinary ability, up to 15,000

12 each year.

13 (B) VERY HIGHLY SKILLED IMMI14 GRANTS.—Second, aliens with exceptional abil15 ity, who are members of the professions holding

16 advanced degrees, or who are multinational ex17 ecutives and managers, up to 60,000 each year,

18 plus any left from the previous category.

19 (C) OTHER PROFESSIONALS AND SKILLED

20 WORKERS.—Third, aliens who are either other

21 professionals with a baccalaureate degree and

22 at least 5 years’ experience or skilled workers

23 with at least 7 years of training and work expe24 rience, up to 45,000 each year, plus any left

25 from the previous category.
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1 (D) INVESTORS.—Fourth, aliens who are

2 investing at least $1,000,000 in enterprises in

3 the United States that will employ at least 10

4 workers, up to 10,000 each year (with a 2-year

5 pilot program for those investing at least

6 $500,000 in enterprises employing at least 5

7 workers).

8 (E) CERTAIN SPECIAL IMMIGRANTS.—

9 Lastly, aliens who fall within certain classes of

10 special immigrants (such as religious ministers,

11 aliens who have worked for the Government

12 abroad, certain long-term alien employees of

13 international organizations, certain dependent

14 juveniles, and certain long-term alien members

15 of the Armed Forces), up to 5,000 each year.

16 (4) HUMANITARIAN IMMIGRANTS.—Humani17 tarian immigrants will fall within the following cat18 egories and numerical limitations:

19 (A) REFUGEES.—Refugees, subject to a

20 numerical limitation (after a transition and ex21 cluding emergency refugees) of 50,000 or such

22 higher number as the Congress may provide by

23 law.

24 (B) ASYLEES.—Aliens seeking asylum,

25 subject to no numerical limitation in any year.
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1 As under current law, asylees may adjust to

2 permanent residence status at a rate of up to

3 10,000 each year.

4 (C) OTHER HUMANITARIAN IMMI5 GRANTS.—Other immigrants who are of special

6 humanitarian concern to the United States, up

7 to 10,000 each year.

8 (5) TRANSITION.—

9 (A) ADDITIONAL VISA NUMBERS FOR

10 SPOUSES AND MINOR, UNMARRIED CHILDREN

11 OF PERMANENT RESIDENT ALIENS.—In order

12 to reduce the current backlog for spouses and

13 minor, unmarried children of lawful permanent

14 residents, there will be at least an additional

15 50,000 immigrant visa numbers made available

16 for these aliens for each of 5 fiscal years, with

17 priority for spouses and children of aliens who

18 did not participate in a legalization program.

19 (B) PHASE-DOWN IN NORMAL FLOW REFU20 GEE NUMERICAL LIMITATION.—The annual nu21 merical limitation on non-emergency refugees

22 (without specific approval of Congress) will be

23 phased down to 75,000 in fiscal year 1997 and

24 50,000 in fiscal year 1998 and thereafter.
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1 Subtitle A—Worldwide Numerical

2 Limits

3 SEC. 501. WORLDWIDE NUMERICAL LIMITATION ON FAM4 ILY-SPONSORED IMMIGRANTS.

5 (a) OVERVIEW.—

6 (1) The amendment made by subsection (b)

7 provides for a worldwide level of family-sponsored

8 immigrants of 330,000 less the number of spouses

9 and children of citizens admitted in the previous

10 year.

11 (2) However, there will be no limit on spouses

12 and children of citizens nor would the number of

13 visas available to spouses and children of lawful per14 manent residents go below 85,000.

15 (3) Any excess in family immigration above

16 330,000 would come from other unused visas and, if

17 necessary, from future visa numbers.

18 (4) If there are any unused family visas, those

19 visas would be added to the spouses and children of

20 lawful permanent resident aliens.

21 (b) AMENDMENT.—Subsection (c) of section 201 (8

22 U.S.C. 1151) is amended to read as follows:

23 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

24 IMMIGRANTS.—
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1 ‘‘(1) IN GENERAL.—Subject to the succeeding

2 provisions of this subsection, the worldwide level of

3 family-sponsored immigrants under this subsection

4 (in this subsection referred to as the ‘worldwide fam5 ily level’) for a fiscal year is 330,000.

6 ‘‘(2) REDUCTION FOR SPOUSES AND CHILDREN

7 OF UNITED STATES CITIZENS AND CERTAIN OTHER

8 FAMILY-RELATED IMMIGRANTS.—The worldwide

9 family level for a fiscal year shall be reduced (but

10 not below 85,000) by the number of aliens described

11 in subsection (b)(2) who were issued immigrant

12 visas or who otherwise acquired the status of aliens

13 lawfully admitted to the United States for perma14 nent residence in the previous fiscal year.

15 ‘‘(3) FURTHER REDUCTION FOR ANY PREVIOUS

16 EXCESS FAMILY IMMIGRATION.—

17 ‘‘(A) IN GENERAL.—If there are excess

18 family admissions in a particular fiscal year (as

19 determined under subparagraph (B)) beginning

20 with fiscal year 1997, then for the following fis21 cal year the worldwide family level shall be re22 duced (but not below 85,000) by the net num23 ber of excess admissions in that particular fiscal

24 year (as defined in subparagraph (C)).
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1 ‘‘(B) DETERMINATION OF EXCESS FAMILY

2 ADMISSIONS.—For purposes of subparagraph

3 (A), there are excess family admissions in a fis4 cal year if—

5 ‘‘(i) the number of aliens who are is6 sued immigrant visas or who otherwise ac7 quire the status of aliens lawfully admitted

8 to the United States for permanent resi9 dence under section 203(a) or subsection

10 (b)(2) in a fiscal year, exceeds

11 ‘‘(ii) 330,000, less the carryforward

12 number of excess admissions computed for

13 the previous fiscal year (as defined in sub14 paragraph (D)).

15 For purposes of this subparagraph, immigrant

16 visa numbers issued under section 553 of the

17 Immigration in the National Interest Act of

18 1995 (relating to certain transition immigrants)

19 shall not be counted under clause (i).

20 ‘‘(C) NET NUMBER OF EXCESS ADMIS21 SIONS.—For purposes of subparagraph (A), the

22 ‘net number of excess admissions’ for a fiscal

23 year is—
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1 ‘‘(i) the excess described in subpara2 graph (B) for the fiscal year, reduced (but

3 not below zero) by

4 ‘‘(ii) the number (if any) by which the

5 worldwide level under subsection (d) for

6 the previous fiscal year exceeds the number

7 of immigrants who are issued immigrant

8 visas or who otherwise acquire the status

9 of aliens lawfully admitted to the United

10 States for permanent residence under sec11 tion 203(b) in that previous fiscal year.

12 ‘‘(D) CARRYFORWARD NUMBER OF EXCESS

13 ADMISSIONS.—For purposes of subparagraph

14 (B)(ii), the carryforward number of excess ad15 missions for a particular fiscal year is the net

16 number of excess admissions for the previous

17 fiscal year (as defined in subparagraph (C)), re18 duced by the reductions effected under subpara19 graph (A) and paragraph (4) in visa numbers

20 for the particular fiscal year.

21 ‘‘(4) ADJUSTMENT IN CERTAIN EMPLOYMENT22 BASED VISA NUMBERS IN CASE OF REMAINING EX23 CESS FAMILY ADMISSIONS.—

24 ‘‘(A) IN GENERAL.—If there is a remain25 ing excess number of family admissions (as de-
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1 scribed in subparagraph (B)) in a fiscal year

2 (beginning with fiscal year 1997) that is great3 er than zero, then for the following fiscal year

4 there shall be reductions in immigrant visa

5 numbers made available, pursuant to subsection

6 (d) and paragraphs (3) and (4) of section

7 203(b), as follows:

‘‘(i) FIRST, ADJUSTMENT OF UP TO 1 8 ⁄2

9 OF NUMBERS OF VISAS FOR INVESTORS.—

10 First, the number of immigrant visa num11 bers made available under section

12 203(b)(4) shall be reduced by the lesser

13 of—

14 ‘‘(I) the remaining excess number

15 of family admissions (described in

16 subparagraph (B)), or

‘‘(II) 1 17 ⁄2 of the maximum number

18 of visa numbers that could (but for

19 this paragraph) otherwise be made

20 available under section 203(b)(4) in

21 such following fiscal year.

22 ‘‘(ii) THEN, ADJUSTMENT OF UP TO

1 23 ⁄2 OF NUMBERS OF VISAS FOR PROFES24 SIONALS AND SKILLED WORKERS.—If the

25 remaining excess number of family admis-
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1 sions is greater than the reduction in visa

2 numbers effected under clause (i), then the

3 number of immigrant visa numbers made

4 available under section 203(b)(3) shall be

5 reduced by the lesser of—

6 ‘‘(I) the remaining excess number

7 of family admissions (described in

8 subparagraph (B)) less the reduction

9 in visa numbers effected under clause

10 (i), or

‘‘(II) 1 11 ⁄2 of the maximum number

12 of visa numbers that could (but for

13 this paragraph) otherwise be made

14 available under section 203(b)(3) in

15 such following fiscal year.

16 ‘‘(B) REMAINING EXCESS NUMBER OF

17 FAMILY ADMISSIONS DESCRIBED.—For pur18 poses of subparagraph (A), the remaining ex19 cess number of family admissions in a fiscal

20 year is the net number of excess admissions for

21 the fiscal year (as defined in paragraph (3)(C)),

22 reduced by the reduction (if any) effected under

23 paragraph (3) in visa numbers for the succeed24 ing fiscal year.’’.
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1 SEC. 502. WORLDWIDE NUMERICAL LIMITATION ON EM2 PLOYMENT-BASED IMMIGRANTS.

3 Subsection (d) of section 201 (8 U.S.C. 1151) is

4 amended to read as follows:

5 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

6 IMMIGRANTS.—The worldwide level of employment-based

7 immigrants under this subsection for a fiscal year is—

8 ‘‘(1) 135,000, minus

9 ‘‘(2) beginning with fiscal year 1998, the total

10 of the reductions (if any) in visa numbers made

11 under subsection (c)(4) for that fiscal year.’’.

12 SEC. 503. ESTABLISHMENT OF NUMERICAL LIMITATION ON

13 HUMANITARIAN IMMIGRANTS.

14 (a) IN GENERAL.—Section 201 (8 U.S.C. 1151) is

15 amended—

16 (1) in subsection (a)(3), by striking ‘‘1995, di17 versity’’ and inserting ‘‘1997, humanitarian’’, and

18 (2) by amending subsection (e) to read as fol19 lows:

20 ‘‘(e) WORLDWIDE LEVEL OF HUMANITARIAN IMMI21 GRANTS.—

22 ‘‘(1) IN GENERAL.—Subject to the succeeding

23 provisions of this subsection, the worldwide level of

24 humanitarian immigrants is equal to 70,000 for

25 each fiscal year.
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1 ‘‘(2) REDUCTION FOR HUMANITARIAN IMMI2 GRANTS WHO ARE REFUGEES OR ASYLEES.—Such

3 worldwide level for a fiscal year under paragraph (1)

4 shall be reduced by the sum of—

5 ‘‘(A) 50,000, or, if less, the number of

6 aliens who were admitted as refugees under sec7 tion 207 in the previous fiscal year, and

8 ‘‘(B) the number of aliens who had been

9 granted asylum whose status was adjusted in

10 the previous fiscal year under section 209(b).

11 ‘‘(3) REDUCTION FOR PRIOR YEAR CANCELLA12 TION OF REMOVAL AND REGISTRY.—Such worldwide

13 level for a fiscal year under paragraph (1) shall be

14 further reduced by the sum of—

15 ‘‘(A) the number of aliens whose removal

16 was canceled and who were provided lawful per17 manent resident status in the previous fiscal

18 year under section 240A, and

19 ‘‘(B) the number of aliens who were pro20 vided permanent resident status in the previous

21 fiscal year under section 249.

22 ‘‘(4) LIMITATION.—In no case shall the world23 wide level for a fiscal year under this subsection

24 (taking into account any reductions under para25 graphs (2) and (3)) exceed 10,000.’’.
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1 SEC. 504. REQUIRING CONGRESSIONAL REVIEW AND REAU2 THORIZATION OF WORLDWIDE LEVELS

3 EVERY 5 YEARS.

4 Section 201 (8 U.S.C. 1151) is amended by adding

5 at the end the following new subsection:

6 ‘‘(f) REQUIREMENT FOR PERIODIC REVIEW AND RE7 AUTHORIZATION OF WORLDWIDE LEVELS.—

8 ‘‘(1) CONGRESSIONAL REVIEW.—The Commit9 tees on the Judiciary of the House of Representa10 tives and of the Senate shall undertake during fiscal

11 year 2004 (and each fifth fiscal year thereafter) a

12 thorough review of the appropriate worldwide levels

13 of immigration to be provided under this section

14 during the 5-fiscal-year period beginning with the

15 second subsequent fiscal year.

16 ‘‘(2) CONGRESSIONAL REAUTHORIZATION.—The

17 Congress, after consideration of the reviews under

18 paragraph (1) and by law, shall specify the appro19 priate worldwide levels of immigration to be provided

20 under this section during the 5-fiscal-year period be21 ginning with the second subsequent fiscal year.

22 ‘‘(3) SUNSET IN ABSENCE OF REAUTHORIZA23 TION.—The worldwide levels specified under the pre24 vious provisions of this section are applicable only to

25 fiscal years 1997 through 2005 and admissions after

26 fiscal year 2005 that are subject to such levels are
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1 only authorized to the extent provided by amend2 ment under paragraph (2) made to this section.’’.

3 Subtitle B—Changes in Preference

4 System

5 SEC. 511. LIMITATION OF IMMEDIATE RELATIVES TO

6 SPOUSES AND CHILDREN.

7 (a) RECLASSIFICATION.—Section 201(b)(2)(A) (8

8 U.S.C. 1151(b)(2)(A)) is amended—

9 (1) in clause (i)—

10 (A) by striking ‘‘IMMEDIATE RELA11 TIVES.—’’ and all that follows through the end

12 of the first sentence and inserting ‘‘An alien

13 who is a spouse or child of a citizen of the

14 United States.’’, and

15 (B) in the second sentence, by striking ‘‘an

16 immediate relative’’ and inserting ‘‘a spouse of

17 a citizen of the United States’’; and

18 (2) in clause (ii), by striking ‘‘an immediate rel19 ative’’ and inserting ‘‘a spouse of a citizen of the

20 United States’’.

21 (b) PROTECTION OF CERTAIN CHILDREN FROM

22 AGING OUT OF PREFERENCE STATUS.—

23 (1) IN GENERAL.—Section 204 (8 U.S.C. 1154)

24 is amended by adding at the end the following new

25 subsection:
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1 ‘‘(i) For purposes of applying section 101(b)(1) in the

2 case of issuance of an immigrant visa to, or admission or

3 adjustment of status of, an alien under section

4 201(b)(1)(A), section 203(a)(1), or 203(d) as a child of

5 a citizen of the United States or a permanent resident

6 alien, the age of the alien shall be determined as of the

7 date of the filing of the classification petition under sec8 tion 204(a)(1) as such a child of a citizen of the United

9 States or a permanent resident alien.’’.

10 (2) EFFECTIVE DATE.—The amendment made

11 by paragraph (1) shall apply to immigrant visas is12 sued on or after October 1, 1996.

13 SEC. 512. CHANGE IN FAMILY-SPONSORED CLASSIFICA14 TION.

15 (a) IN GENERAL.—Section 203(a) (8 U.S.C.

16 1153(a)) is amended by striking paragraphs (1) through

17 (4) and inserting the following:

18 ‘‘(1) SPOUSES AND CHILDREN OF LAWFUL PER19 MANENT RESIDENT ALIENS.—Immigrants who are

20 the spouses and children of an alien lawfully admit21 ted for permanent residence shall be allocated visas

22 in a number not to exceed 85,000, plus any immi23 grant visas not required for the class described in

24 paragraph (2).

25 ‘‘(2) PARENTS OF UNITED STATES CITIZENS.—
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1 ‘‘(A) IN GENERAL.—Immigrants who are

2 the qualifying parents (as defined in subpara3 graph (B)) of an individual who is at least 21

4 years of age and a citizen of the United States

5 shall be allocated visas in a number not to ex6 ceed the lesser of—

7 ‘‘(i) 50,000, or

8 ‘‘(ii) the number by which the world9 wide level exceeds 85,000.

10 ‘‘(B) QUALIFICATIONS.—For purposes of

11 subparagraph (A), the term ‘qualifying parent’

12 means an immigrant with respect to whom, as

13 of the date of approval of the classification peti14 tion under section 204(a)(1), at least 50 per15 cent of the immigrant’s sons and daughters are

16 (i) nationals of the United States or aliens law17 fully admitted for permanent residence and (ii)

18 lawfully residing in the United States.

19 ‘‘(C) REFERENCE TO INSURANCE RE20 QUIREMENT.—For requirement relating to in21 surance for qualifying parents, see section

22 212(a)(4)(D).’’.

23 (b) INSURANCE REQUIREMENT.—Section 212(a)(4)

24 (8 U.S.C. 1182(a)(4)), as amended by section 621(a) of
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1 this Act, is amended by adding at the end the following

2 new subparagraph:

3 ‘‘(D) INSURANCE REQUIREMENTS FOR

4 QUALIFYING PARENTS.—

5 ‘‘(i) IN GENERAL.—Any alien who

6 seeks admission as a qualifying parent

7 under section 203(a)(2) is inadmissible un8 less the alien demonstrates at the time of

9 issuance of the visa (and at the time of ad10 mission) to the satisfaction of the consular

11 officer and the Attorney General that the

12 alien—

13 ‘‘(I) will have coverage under an

14 adequate health insurance policy (at

15 least comparable to coverage provided

16 under the medicare program under

17 title XVIII of the Social Security

18 Act), and

19 ‘‘(II) will have coverage with re20 spect to long-term health needs (at

21 least comparable to such coverage

22 provided under the medicaid program

23 under title XIX of such Act for the

24 State in which either the alien intends

25 to reside or in which the petitioner
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1 (on behalf of the alien under section

2 204(a)(1)) resides,

3 throughout the period the individual is re4 siding in the United States.

5 ‘‘(ii) FACTORS TO BE TAKEN INTO AC6 COUNT.—In making a determination under

7 clause (i), the Attorney General shall take

8 into account the age of the qualifying par9 ent and the likelihood of the parent secur10 ing health insurance coverage through em11 ployment.’’.

12 SEC. 513. CHANGE IN EMPLOYMENT-BASED CLASSIFICA13 TION.

14 (a) IN GENERAL.—Section 203(b) (8 U.S.C.

15 1153(b)) is amended by striking paragraphs (1) through

16 (5) and inserting the following:

17 ‘‘(1) ALIENS WITH EXTRAORDINARY ABILITY.—

18 Visas shall first be made available in a number not

19 to exceed 15,000 of such worldwide level to immi20 grants—

21 ‘‘(A) who have extraordinary ability in the

22 sciences, arts, education, business, or athletics

23 which has been demonstrated by sustained na24 tional or international acclaim and whose
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Title V, Subtitle B

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1 achievements have been recognized in the field

2 through sufficient documentation,

3 ‘‘(B) who seek to be admitted into the

4 United States to continue work in the area of

5 extraordinary ability, and

6 ‘‘(C) whose admission into the United

7 States will substantially benefit prospectively

8 the United States.

9 ‘‘(2) ALIENS WHO ARE MEMBERS OF THE PRO10 FESSIONS HOLDING ADVANCED DEGREES OR ALIENS

11 OF EXCEPTIONAL ABILITY.—

12 ‘‘(A) IN GENERAL.—Visas shall be made

13 available, in a number not to exceed 60,000 of

14 such worldwide level, plus any visas not re15 quired for the class specified in paragraph (1),

16 to immigrants who are aliens described in sub17 paragraph (B) or (C).

18 ‘‘(B) ALIENS WHO ARE MEMBERS OF THE

19 PROFESSIONS HOLDING ADVANCED DEGREES

20 OR ALIENS OF EXCEPTIONAL ABILITY.—

21 ‘‘(i) IN GENERAL.—An alien is de22 scribed in this subparagraph if the alien is

23 a member of a profession holding an ad24 vanced degree or its equivalent or who be25 cause of exceptional ability in the sciences,
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1 arts, or business will substantially benefit

2 prospectively the national economy, cul3 tural or educational interests, or welfare of

4 the United States, and whose services in

5 the sciences, arts, professions, or business

6 are sought by an employer in the United

7 States.

8 ‘‘(ii) DETERMINATION OF EXCEP9 TIONAL ABILITY.—In determining under

10 clause (i) whether an immigrant has excep11 tional ability, the possession of a degree,

12 diploma, certificate, or similar award from

13 a college, university, school, or other insti14 tution of learning or a license to practice

15 or certification for a particular profession

16 or occupation shall not by itself be consid17 ered sufficient evidence of such exceptional

18 ability.

19 ‘‘(iii) LABOR CERTIFICATION RE20 QUIRED.—An immigrant visa may not be

21 issued to an immigrant under this sub22 paragraph until the consular officer is in

23 receipt of a determination made by the

24 Secretary of Labor pursuant to the provi25 sions of section 212(a)(5)(A).
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1 ‘‘(C) CERTAIN MULTINATIONAL EXECU2 TIVES AND MANAGERS.—An alien is described

3 in this subparagraph if the alien, in the 3 years

4 preceding the time of the alien’s application for

5 classification and admission into the United

6 States under this subparagraph, has been em7 ployed for at least 1 year by a firm or corpora8 tion or other legal entity or an affiliate or sub9 sidiary thereof and the alien seeks to enter the

10 United States in order to continue to render

11 services to the same employer or to a subsidiary

12 or affiliate thereof in a capacity that is manage13 rial or executive.

14 ‘‘(3) SKILLED WORKERS AND PROFES15 SIONALS.—

16 ‘‘(A) IN GENERAL.—Visas shall be made

17 available, in a number not to exceed 45,000 of

18 such worldwide level, plus any visas not re19 quired for the classes specified in paragraphs

20 (1) and (2) less the reduction in visa numbers

21 under this paragraph required to be effected

22 under section 201(c)(4)(A)(ii) for the fiscal

23 year involved, to aliens described in subpara24 graph (B) or (C).
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1 ‘‘(B) SKILLED WORKERS.—An alien de2 scribed in this subparagraph is an immigrant

3 who is capable, at the time a petition is filed,

4 of performing skilled labor (requiring at least 2

5 years training or experience), not of a tem6 porary or seasonal nature, for which qualified

7 workers are not available in the United States,

8 who has a total of 7 years of training or experi9 ence (or both) with respect to such labor.

10 ‘‘(C) PROFESSIONALS.—(i) An alien de11 scribed in this subparagraph is an immigrant

12 who holds a baccalaureate degree and is a

13 member of the professions and, subject to

14 clause (ii), has at least 5 years of experience in

15 the profession after the receipt of the degree.

16 ‘‘(ii) An alien who is a teacher and has

17 (within the previous 5 years) at least 2 years of

18 experience teaching a language (other than

19 English) full-time at an accredited elementary

20 or middle school may be classified and admitted

21 as a professional under this subparagraph not22 withstanding that the alien does not have 5

23 years of experience in the profession if the alien

24 is seeking admission to teach such language
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Title V, Subtitle B

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1 full-time in an accredited elementary or middle

2 school.

3 ‘‘(D) LABOR CERTIFICATION REQUIRED.—

4 An immigrant visa may not be issued to an im5 migrant under this paragraph until the consular

6 officer is in receipt of a determination made by

7 the Secretary of Labor pursuant to the provi8 sions of section 212(a)(5)(A).

9 ‘‘(4) INVESTORS IN JOB CREATION.—

10 ‘‘(A) IN GENERAL.—Visas shall be made

11 available, in a number not to exceed 10,000 of

12 such worldwide level less the reduction in visa

13 numbers under this paragraph required to be

14 effected under section 201(c)(4)(A)(i) for the

15 fiscal year involved, to immigrants seeking to

16 enter the United States for the purpose of en17 gaging in a new commercial enterprise—

18 ‘‘(i) which the alien has established,

19 ‘‘(ii) in which such alien has invested

20 (after the date of the enactment of the Im21 migration Act of 1990), or is actively in

22 the process of investing, capital in an

23 amount not less $1,000,000, and

24 ‘‘(iii) which will benefit the United

25 States economy and create full-time em-
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1 ployment for not fewer than 10 United

2 States citizens or aliens lawfully admitted

3 for permanent residence or other immi4 grants lawfully authorized to be employed

5 in the United States (other than the immi6 grant and the immigrant’s spouse, sons, or

7 daughters).

8 ‘‘(B) PILOT PROGRAM.—For each of fiscal

9 years 1997 and 1998, up to 2,000 visas other10 wise made available under this paragraph shall

11 be made available to immigrants who would be

12 described in subparagraph (A) if ‘$500,000’

13 were substituted for ‘$1,000,000’ in subpara14 graph (A)(ii) and if ‘for not fewer than 5’ were

15 substituted for ‘for not fewer than 10’ in sub16 paragraph (A)(iii). By not later than April 1,

17 1998, the Attorney General shall submit to

18 Congress a report on the operation of this sub19 paragraph and shall include in the report infor20 mation describing the immigrants admitted

21 under this paragraph and the enterprises they

22 invest in and a recommendation on whether the

23 pilot program under this subparagraph should

24 be continued or modified.
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1 ‘‘(5) CERTAIN SPECIAL IMMIGRANTS.—Visas

2 shall be made available, in a number not to exceed

3 5,000 of such worldwide level, to qualified special

4 immigrants described in section 101(a)(27) (other

5 than those described in subparagraph (A) thereof),

6 of which not more than 4,000 may be made available

7 in any fiscal year to special immigrants described in

8 subclause (II) or (III) of section 101(a)(27)(C)(ii).’’.

9 (b) CONDITIONAL STATUS FOR CERTAIN FOREIGN

10 LANGUAGE TEACHERS.—(1) Title II is amended by in11 serting after section 216A the following new section:

12 ‘‘CONDITIONAL PERMANENT RESIDENT STATUS FOR

13 CERTAIN FOREIGN LANGUAGE TEACHERS

14 ‘‘SEC. 216B. (a) IN GENERAL.—Subject to the suc15 ceeding provisions of this section, section 216A shall apply

16 to an alien foreign language teacher (as defined in sub17 section (d)(1)) and to an alien spouse or alien child (as

18 defined in subsection (d)(2)) in the same manner as such

19 section applies to an alien entrepreneur and an alien

20 spouse or alien child.

21 ‘‘(b) TIMING FOR PETITION.—

22 ‘‘(1) IN GENERAL.—In applying section 216A

23 under subsection (a), any reference to a ‘second an24 niversary of an alien’s lawful admission for perma-
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1 nent residence’ is deemed a reference to the end of

2 the time period described in paragraph (2).

3 ‘‘(2) TIME PERIOD FOR DETERMINATION.—The

4 time period described in this paragraph is 5 years

5 less the period of experience, during the 5-year pe6 riod ending on the date the alien foreign language

7 teacher obtains permanent resident status, of teach8 ing a language (other than English) full-time at an

9 accredited elementary or middle school.

10 ‘‘(c) REQUIREMENT FOR TOTAL OF 5 YEARS’ TEACH11 ING EXPERIENCE.—In applying section 216A under sub12 section (a), the determination of the Attorney General

13 under subsection (b)(1) of such section shall be whether

14 (and the facts and information under subsection (d)(1) of

15 such section shall demonstrate that) the alien has been

16 employed on a substantially full-time basis as a foreign

17 language teacher at an accredited elementary or middle

18 school in the United States during the period since obtain19 ing permanent residence status (instead of the determina20 tions described in section 216A(b)(1) and of the facts and

21 information described in section 216A(d)(1)).

22 ‘‘(d) DEFINITIONS.—In this section:

23 ‘‘(1) The term ‘alien foreign language teacher’

24 means an alien who obtains the status of an alien

25 lawfully admitted for permanent residence (whether
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1 on a conditional basis or otherwise) under section

2 203(b)(3)(C)(ii) on the basis of less than 5 years’

3 teaching experience.

4 ‘‘(2) The term ‘alien spouse’ and the term ‘alien

5 child’ mean an alien who obtains the status of an

6 alien lawfully admitted for permanent residence

7 (whether on a conditional basis or otherwise) by vir8 tue of being the spouse or child, respectively, of an

9 alien foreign language teacher.’’.

10 (2) The table of contents of the Immigration and Na11 tionality Act is amended by inserting after the item relat12 ing to section 216A the following:

‘‘Sec. 216B. Conditional permanent resident status for certain foreign language

teachers.’’.

13 SEC. 514. AUTHORIZATION TO REQUIRE PERIODIC CON14 FIRMATION OF CLASSIFICATION PETITIONS.

15 (a) IN GENERAL.—Section 204(b) (8 U.S.C.

16 1154(b)) is amended by inserting ‘‘(1)’’ after ‘‘(b)’’ and

17 by adding at the end the following new paragraph:

18 ‘‘(2)(A) The Attorney General may provide that a pe19 tition approved with respect to an alien (and the priority

20 date established with respect to the petition) shall expire

21 after a period (specified by the Attorney General and of

22 not less than 2 years) following the date of approval of

23 the petition, unless the petitioner files with the Attorney

24 General a form described in subparagraph (B).
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1 ‘‘(B) The Attorney General shall specify the form to

2 be used under this paragraph. Such form shall be de3 signed—

4 ‘‘(i) to reconfirm the continued intention of the

5 petitioner to seek admission of the alien based on

6 the classification involved, and

7 ‘‘(ii) as may be provided by the Attorney Gen8 eral, to update the contents of the original classifica9 tion petition.

10 ‘‘(C) The Attorney General may apply subparagraph

11 (A) to one or more classes of classification petitions and

12 for different periods of time for different classes of such

13 petitions, as specified by the Attorney General.’’.

14 (b) EFFECTIVE DATE.—(1) Except as provided in

15 paragraph (2), the amendments made by subsection (a)

16 shall not apply to classification petitions filed before Octo17 ber 1, 1996.

18 (2) The Attorney General may apply such amend19 ments to such classification petitions, but only in a man20 ner so that no such petition expires under such amend21 ments before October 1, 2000.

22 SEC. 515. CHANGES IN SPECIAL IMMIGRANT STATUS.

23 (a) REPEALING CERTAIN OBSOLETE PROVISIONS.—

24 Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is amended by

25 striking subparagraphs (B), (E), (F), (G), and (H).
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1 (b) SPECIAL IMMIGRANT STATUS FOR CERTAIN

2 NATO CIVILIAN EMPLOYEES.—Section 101(a)(27) (8

3 U.S.C. 1101(a)(27)) is further amended—

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

5 (J),

6 (2) by striking the period at the end of sub7 paragraph (K) and inserting ‘‘; or’’, and

8 (3) by adding at the end the following new sub9 paragraph:

10 ‘‘(L) an immigrant who would be described in

11 clause (i), (ii), (iii), or (iv) of subparagraph (I) if

12 any reference in such a clause—

13 ‘‘(i) to an international organization de14 scribed in paragraph (15)(G)(i) were treated as

15 a reference to the North American Treaty Or16 ganization (NATO);

17 ‘‘(ii) to a nonimmigrant under paragraph

18 (15)(G)(iv) were treated as a reference to a

19 nonimmigrant classifiable under NATO–6 (as a

20 member of a civilian component accompanying

21 a force entering in accordance with the provi22 sions of the NATO Status-of-Forces Agree23 ment, a member of a civilian component at24 tached to or employed by an Allied Head25 quarters under the ‘Protocol on the Status of
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Title V, Subtitle B

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1 International Military Headquarters’ set up

2 pursuant to the North Atlantic Treaty, or as a

3 dependent); and

4 ‘‘(iii) to the Immigration Technical Correc5 tions Act of 1988 or to the Immigration and

6 Nationality Technical Corrections Act of 1994

7 were a reference to the Immigration in the Na8 tional Interest Act of 1995.’’.

9 (c) CONFORMING NONIMMIGRANT STATUS FOR CER10 TAIN PARENTS OF SPECIAL IMMIGRANT CHILDREN.—

11 Section 101(a)(15)(N) (8 U.S.C. 1101(a)(15)(N)) is

12 amended—

13 (1) by inserting ‘‘(or under analogous authority

14 under paragraph (27)(L))’’ after ‘‘(27)(I)(i)’’, and

15 (2) by inserting ‘‘(or under analogous authority

16 under paragraph (27)(L))’’ after ‘‘(27)(I)’’.

17 (d) EXTENSION OF SUNSET FOR RELIGIOUS WORK18 ERS.—Section 101(a)(27)(C)(ii) (8 U.S.C.

19 1101(a)(27)(C)(ii)) is amended by striking ‘‘1997’’ and

20 inserting ‘‘2005’’ each place it appears.

21 (e) ADDITIONAL CONFORMING AMENDMENTS.—

22 (1) Section 201(b)(1)(A) (8 U.S.C.

23 1151(b)(1)(A)) is amended by striking ‘‘or (B)’’.

24 (2) Section 203(b)(4) (8 U.S.C. 1153(b)(4)) is

25 amended by striking ‘‘or (B)’’.
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1 (3) Section 214(l)(3) (8 U.S.C. 1184(l)(3)), as

2 redesignated by section 815(a)(4)(A) of this Act, is

3 amended by striking ‘‘, who has not otherwise been

4 accorded status under section 101(a)(27)(H),’’.

5 (4) Section 245(c)(2) (8 U.S.C. 1255(c)(2)) is

6 amended by striking ‘‘101(a)(27)(H), (I),’’ and in7 serting ‘‘101(a)(27)(I),’’.

8 (f) EFFECTIVE DATES.—(1) Except as provided in

9 this section, the amendments made by this section shall

10 take effect on the date of the enactment of this Act.

11 (2) The amendments made by subsection (a) shall not

12 apply to any alien with respect to whom an application

13 for special immigrant status under a subparagraph re14 pealed by such amendments has been filed by not later

15 than September 30, 1996.

16 SEC. 516. REQUIREMENTS FOR REMOVAL OF CONDITIONAL

17 STATUS OF ENTREPRENEURS.

18 (a) IN GENERAL.—Section 216A(b) (8 U.S.C.

19 1186b(b)) is amended—

20 (1) by amending clause (ii) of paragraph (1)(B)

21 to read as follows:

22 ‘‘(ii) subject to paragraph (3), the alien did

23 not invest (and maintain investment of) the

24 requisite capital, or did not employ the requisite

25 number of employees, throughout substantially
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1 the entire period since the alien’s admission;

2 or’’, and

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

4 paragraph:

5 ‘‘(3) EXCEPTIONS.—

6 ‘‘(A) GOOD FAITH EXCEPTION.—Para7 graph (1)(B)(ii) shall not apply to an alien to

8 the extent that the alien continues to attempt

9 in good faith throughout the period since ad10 mission to invest (and maintain investment of)

11 the requisite capital, and to employ the req12 uisite number of employees, but was unable to

13 do so due to circumstances for which the alien

14 should not justly be held responsible.

15 ‘‘(B) EXTENSION.—In the case of an alien

16 to whom the exception under subparagraph (A)

17 applies, the application period under subsection

18 (d)(2) (and period for termination under para19 graph (1)) shall be extended (for up to 3 addi20 tional years) by such additional period as may

21 be necessary to enable the alien to have had the

22 requisite capital and number of employees

23 throughout a 2-year period. Such extension

24 shall terminate at any time at which the Attor25 ney General finds that the alien has not contin-
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1 ued to attempt in good faith to invest such cap2 ital and employ such employees.’’.

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

4 subsection (a) shall apply to aliens admitted on or after

5 the date of the enactment of this Act.

6 SEC. 517. MISCELLANEOUS CONFORMING AMENDMENTS.

7 (a) CONFORMING AMENDMENTS RELATING TO IMME8 DIATE RELATIVES.—

9 (1) Section 101(b)(1)(F) (8 U.S.C.

10 1101(b)(1)(F)) is amended by striking ‘‘as an imme11 diate relative under section 201(b)’’ and inserting

12 ‘‘as a child of a citizen of the United States’’.

13 (2) Section 204 (8 U.S.C. 1154) is amended—

14 (A) in subsection (a)(1)(A)(i), by striking

15 ‘‘paragraph (1), (3), or (4) of section 203(a) or

16 to an immediate relative status’’ and inserting

17 ‘‘section 203(a)(2) or to status as the spouse or

18 child of a citizen of the United States’’;

19 (B) in subsection (a)(1)(A)(iii), by striking

20 ‘‘as an immediate relative’’ and inserting ‘‘as

21 the spouse of a citizen of the United States’’;

22 (C) in subsection (a)(1)(iv), by striking ‘‘as

23 an immediate relative’’ and inserting ‘‘as a

24 child of a citizen of the United States’’;
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1 (D) in subsection (b), by striking ‘‘an im2 mediate relative specified in section 201(b)’’

3 and inserting ‘‘a spouse or child of a citizen of

4 the United States under section 201(b)’’;

5 (E) in subsection (c), by striking ‘‘an im6 mediate relative or preference’’ and inserting ‘‘a

7 preferential’’;

8 (F) in subsection (e)—

9 (i) by striking ‘‘an immediate rel10 ative’’ and inserting ‘‘a spouse or child of

11 a citizen of the United States’’, and

12 (ii) by striking ‘‘his’’ and ‘‘he’’ and in13 serting ‘‘the alien’s’’ and ‘‘the alien’’, re14 spectively; and

15 (G) in subsection (g), by striking ‘‘imme16 diate relative status’’ and inserting ‘‘status as a

17 spouse or child of a citizen of the United States

18 or other’’.

19 (3) Section 212(a)(6)(E)(ii) (8 U.S.C.

20 1182(a)(6)(E)(ii)) is amended by striking ‘‘an imme21 diate relative’’ and inserting ‘‘a spouse, child, or par22 ent of a citizen of the United States’’.

23 (4) Section 212(d)(11) (8 U.S.C. 1182(d)(11))

24 is amended by striking ‘‘an immediate relative’’ and
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1 inserting ‘‘a spouse or child of a citizen of the Unit2 ed States’’.

3 (5) Section 216(g)(1)(A) (8 U.S.C.

4 1186a(g)(1)(A)) is amended by striking ‘‘an imme5 diate relative (described in section 201(b)) as the

6 spouse of a citizen of the United States’’ and insert7 ing ‘‘as the spouse of a citizen of the United States

8 (described in section 201(b))’’.

9 (6) Section 221(a) (8 U.S.C. 1201(a)) is

10 amended by striking ‘‘, immediate relative,’’.

11 (7)(A) Section 224 (8 U.S.C. 1204) is amend12 ed—

13 (i) by amending the heading to read as fol14 lows:

15 ‘‘VISAS FOR SPOUSES AND CHILDREN OF CITIZENS AND

16 SPECIAL IMMIGRANTS’’,

17 (ii) by striking ‘‘immediate relative’’ the

18 first place it appears and inserting ‘‘a spouse or

19 child of a citizen of the United States’’, and

20 (iii) by striking ‘‘immediate relative sta21 tus’’ and inserting ‘‘status or status as a spouse

22 or child of a citizen of the United States’’.

23 (B) The item in the table of contents relating

24 to section 224 is amended to read as follows:

‘‘Sec. 224. Visas for spouses and children of citizens and special immigrants.’’.
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1 (8) Subsection (a)(1)(E)(ii) of section 241 (8

2 U.S.C. 1251), before redesignation as section 237 by

3 section 305(2), is amended by striking ‘‘an imme4 diate relative’’ and inserting ‘‘a spouse, child, or par5 ent of a citizen of the United States under section

6 201(b) or 203(a)(2)’’.

7 (9) Section 245(c) (8 U.S.C. 1255(c)) is

8 amended by striking ‘‘an immediate relative as de9 fined in section 201(b)’’ and inserting ‘‘a spouse or

10 child of a citizen of the United States under section

11 201(b) or a parent of a citizen under section

12 203(a)(2)’’ each place it appears.

13 (10) Section 291 (8 U.S.C. 1361) is amended

14 by striking ‘‘immigrant, special immigrant, imme15 diate relative’’ and inserting ‘‘immigrant status, spe16 cial immigrant status, status as a spouse or child of

17 a citizen of the United States’’.

18 (11) Section 401 of the Immigration Reform

19 and Control Act of 1986 is amended by striking

20 ‘‘immediate relatives’’ and inserting ‘‘spouses and

21 children of citizens’’.

22 (b) CONFORMING AMENDMENTS FOR OTHER FAM23 ILY-SPONSORED IMMIGRANTS.—

24 (1) PETITIONING REQUIREMENTS.—Section

25 204 (8 U.S.C. 1154) is amended—
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1 (A) in subsection (a)(1)(B)(i), by striking

2 ‘‘203(a)(2)’’ and inserting ‘‘203(a)(1)’’;

3 (B) in clauses (ii) and (iii) of subsection

4 (a)(1), by striking ‘‘203(a)(2)(A)’’ and inserting

5 ‘‘203(a)(1)’’; and

6 (C) in subsection (f)(1), by striking ‘‘,

7 203(a)(1), or 203(a)(3)’’ and inserting ‘‘or

8 203(a)(2)’’.

9 (2) APPLICATION OF PER COUNTRY LEVELS.—

10 Section 202 (8 U.S.C. 1152) is amended—

11 (A) by amending paragraph (4) of sub12 section (a) to read as follows:

13 ‘‘(4) SPECIAL RULES FOR SPOUSES AND CHIL14 DREN OF LAWFUL PERMANENT RESIDENT ALIENS.—

15 ‘‘(A) 75 PERCENT OF 1ST PREFERENCE

16 NOT SUBJECT TO PER COUNTRY LIMITATION.—

17 Of the visa numbers made available under sec18 tion 203(a) to immigrants described in para19 graph (1) of that section in any fiscal year,

20 63,750 shall be issued without regard to the

21 numerical limitation under paragraph (2).

22 ‘‘(B) LIMITING PASS DOWN FOR CERTAIN

23 COUNTRIES SUBJECT TO SUBSECTION (e).—In

24 the case of a foreign state or dependent area to

25 which subsection (e) applies, if the total number
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1 of visas issued under section 203(a)(1) exceeds

2 the maximum number of visas that may be

3 made available to immigrants of the state or

4 area under such section consistent with sub5 section (e) (determined without regard to this

6 paragraph), in applying paragraph (2) of sec7 tion 203(a) under subsection (e)(2) all visas

8 shall be deemed to have been required for the

9 classes specified in paragraph (1) of such sec10 tion.’’; and

11 (B) in subsection (e)—

12 (i) in paragraph (1), by inserting be13 fore the semicolon the following: ‘‘(deter14 mined without regard to subsections (c)(4)

15 and (d)(2) of section 201)’’,

16 (ii) in paragraph (2), by striking

17 ‘‘paragraphs (1) through (4)’’ and insert18 ing ‘‘paragraphs (1) and (2)’’, and

19 (iii) in the last sentence, by striking

20 ‘‘203(a)(2)(A)’’ and inserting ‘‘203(a)(1)’’.

21 (3) ADDITIONAL CONFORMING AMENDMENTS.—

22 (A) Section 203(d) (8 U.S.C. 1153(d)) is

23 amended by striking ‘‘(a)’’ and inserting

24 ‘‘(a)(2)’’.
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1 (B) Section 212(a)(6)(E)(ii) (8 U.S.C.

2 1182(a)(6)(E)(ii)) is amended by striking

3 ‘‘203(a)(2)’’ and inserting ‘‘203(a)(1)’’.

4 (C) Section 212(d)(11) (8 U.S.C.

5 1182(d)(11)) is amended by striking ‘‘immi6 grant under section 203(a) (other than para7 graph (4) thereof)’’ and inserting ‘‘an immigra8 tion under section 203(a)’’.

9 (D) Section 216(g)(1)(C) (8 U.S.C.

10 1186a(g)(1)(C)) is amended by striking

11 ‘‘203(a)(2)’’ and inserting ‘‘203(a)(1)’’.

12 (E) Section 241(a)(1)(E)(ii) (8 U.S.C.

13 1251(a)(1)(E)(ii)), before redesignation as sec14 tion 237 under section 305(a)(2), is amended

15 by striking ‘‘203(a)(2)’’ and inserting

16 ‘‘203(a)(1)’’.

17 (F) Section 2(c) of the Virgin Islands Non18 immigrant Alien Adjustment Act of 1982 (Pub19 lic Law 97–271) is amended—

20 (i) in paragraph (2), by inserting ‘‘or

21 first family preference petitions’’ after

22 ‘‘second preference petitions’’;

23 (ii) in paragraph (3)(A), by striking

24 ‘‘or’’ at the end;
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1 (iii) in paragraph (3)(B), by striking

2 the period at the end and inserting ‘‘, or’’;

3 (iv) by adding at the end of para4 graph (3) the following new subparagraph:

5 ‘‘(C) by virtue of a first family preference peti6 tion filed by an individual who was admitted to the

7 United States as an immigrant by virtue of a second

8 family preference petition filed by the son or daugh9 ter of the individual, if that son or daughter had his

10 or her status adjusted under this section.’’; and

11 (v) in paragraph (4), by striking ‘‘on

12 or after such date).’’ and inserting the fol13 lowing: ‘‘on or after such date and before

14 October 1, 1996). For purposes of this

15 subsection, the terms ‘first family pref16 erence petition’ and ‘second family pref17 erence petition’ mean, in the case of an

18 alien, a petition filed under section 204(a)

19 of the Act to grant preference status to the

20 alien by reason of the relationship de21 scribed in section 203(a)(1) or 203(a)(2),

22 respectively (as in effect on and after Octo23 ber 1, 1996).’’.

24 (c) CONFORMING AMENDMENTS RELATING TO EM25 PLOYMENT-BASED IMMIGRANTS.—
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1 (1) TREATMENT OF SPECIAL K IMMIGRANTS.—

2 Section 203(b)(6)(B) (8 U.S.C. 1153(b)(6)(B)) is

3 amended—

4 (A) in clause (i), by striking ‘‘reduced by

1 5 ⁄3’’ and inserting ‘‘reduced by the same propor6 tion, as the proportion (of the visa numbers

7 made available under all such paragraphs) that

8 were made available under each respective para9 graph,’’, and

10 (B) in clause (iii), by striking ‘‘reduced by

1 11 ⁄3’’ and inserting ‘‘reduced by the same propor12 tion, as the proportion (of the visa numbers

13 made available under all such paragraphs to na14 tives of the foreign state) that were made avail15 able under each respective paragraph to such

16 natives,’’.

17 (2) CONFORMING AMENDMENTS RELATING TO

18 PETITIONING RIGHTS.—Section 204(a)(1) (8 U.S.C.

19 1154(a)(1)) is amended—

20 (A) in subparagraph (C), by striking

21 ‘‘203(b)(1)(A)’’ and inserting ‘‘203(b)(1)’’;

22 (B) in subparagraph (D), by striking ‘‘sec23 tion 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or

24 203(b)(3)’’ and inserting ‘‘section 203(b)(2) or

25 203(b)(3)’’;
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1 (C) in subparagraph (E)(i), by striking

2 ‘‘203(b)(4)’’ and inserting ‘‘203(b)(5)’’;

3 (D) in subparagraph (F), by striking

4 ‘‘203(b)(5)’’ and inserting ‘‘203(b)(4)’’; and

5 (E) by redesignating subparagraphs (E)

6 and (F) as subparagraphs (F) and (E), respec7 tively, and by moving subparagraph (E) (as so

8 redesignated) to precede subparagraph (F) (as

9 so redesignated).

10 (3) GROUND FOR INADMISSIBILITY.—Section

11 212(a)(5)(C) (8 U.S.C. 1182(a)(5)(C)) is amended

12 by striking ‘‘(2)’’ and inserting ‘‘(2)(B)’’.

13 (4) OTHER CONFORMING AMENDMENTS.—

14 (A) Subsections (b)(1)(C) and (f)(1) of

15 section 216A (8 U.S.C. 1186b) are each

16 amended by striking ‘‘203(b)(5)’’ and inserting

17 ‘‘203(b)(4)’’.

18 (B) Section 245(j)(3) (8 U.S.C.

19 1255(j)(3)), as added by section 130003(c)(1)

20 Violent Crime Control and Law Enforcement

21 Act of 1994 (Public Law 103–322) and as re22 designated by section 815(a)(4)(A) of this Act,

23 is amended by striking ‘‘203(b)(4)’’ and insert24 ing ‘‘203(b)(5)’’.
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1 (C) Section 154(b)(1)(B)(i) of the Immi2 gration Act of 1990 is amended by striking

3 ‘‘1991)’’ and inserting ‘‘1991, and before Octo4 ber 1, 1996) or under section 203(a),

5 203(b)(1), or 203(b)(2)(C) (as in effect on and

6 after October 1, 1996)’’.

7 (D) Section 206(a) of the Immigration Act

8 of 1990 is amended by striking ‘‘203(b)(1)(C)’’

9 and inserting ‘‘203(b)(2)(C)’’.

10 (E) Section 610 of Public Law 102–395 is

11 amended—

12 (i) in subsection (a), by striking ‘‘sec13 tion 203(b)(5) of the Immigration and Na14 tionality Act (8 U.S.C. 1153(b)(5))’’ and

15 inserting ‘‘section 203(b)(4) of the Immi16 gration and Nationality Act (8 U.S.C.

17 1153(b)(4))’’,

18 (ii) in subsection (b), by striking ‘‘sec19 tion 203(b)(5)’’ and inserting ‘‘section

20 203(b)(4)’’, and

21 (iii) in subsection (c), by striking

22 ‘‘203(b)(5)(A)(iii)’’ and inserting

23 ‘‘203(b)(4)(A)(iii)’’.
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1 (F) Section 2(d)(2) of the Chinese Student

2 Protection Act of 1992 (Public Law 102–404)

3 is amended—

4 (i) in subparagraph (A), by striking

5 ‘‘203(b)(3)(A)(i)’’ and inserting

6 ‘‘203(b)(3)(B)’’, and

7 (ii) in subparagraph (B), by striking

8 ‘‘203(b)(5)’’ and inserting ‘‘203(b)(4)’’.

9 (G) The Soviet Scientists Immigration Act

10 of 1992 (Public Law 102–509) is amended—

11 (i) in sections 3 and 4(a), by striking

12 ‘‘203(b)(2)(A) of the Immigration and Na13 tionality Act (8 U.S.C. 1153(b)(2)(A))’’

14 and inserting ‘‘203(b)(2)(B)(i) of the Im15 migration and Nationality Act (8 U.S.C.

16 1153(b)(2)(B)(i))’’, and

17 (ii) in section 4(c), by striking

18 ‘‘203(b)(2)(A) of the Immigration and Na19 tionality Act (8 U.S.C. 1153(b)(2)(A))’’

20 and inserting ‘‘203(b)(2)(B) of the Immi21 gration and Nationality Act (8 U.S.C.

22 1153(b)(2)(B))’’.

23 (d) REPEAL OF CERTAIN OUTDATED PROVISIONS.—

24 The following provisions of law are repealed:
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1 (1) Section 9 of Public Law 94–571 (90 Stat.

2 2707).

3 (2) Section 19 of Public Law 97-116 (95 Stat.

4 1621).

5 Subtitle C—Refugees, Asylees, Pa6 role, and Humanitarian Admis7 sions

8 SEC. 521. CHANGES IN REFUGEE ANNUAL ADMISSIONS.

9 (a) IN GENERAL.—Paragraphs (1) and (2) of section

10 207(a) (8 U.S.C. 1157(a)) are amended to read as follows:

11 ‘‘(1) Except as provided in paragraph (2) and sub12 section (b), the number of refugees who may be admitted

13 under this section in any fiscal year shall be such number

14 as the President determines, before the beginning of the

15 fiscal year and after appropriate consultation, is justified

16 by humanitarian concerns or is otherwise in the national

17 interest.

18 ‘‘(2)(A) Except as provided in subparagraph (B), the

19 number determined under paragraph (1) for a fiscal year

20 may not exceed—

21 ‘‘(i) 75,000 in the case of fiscal year 1997, or

22 ‘‘(ii) 50,000 in the case of any succeeding fiscal

23 year.

24 ‘‘(B) The number determined under paragraph (1)

25 for a fiscal year may exceed the limit specified under sub-
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1 paragraph (A) if Congress enacts a law providing for a

2 higher number.’’.

3 (b) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall apply beginning with fiscal year 1997.

5 SEC. 522. FIXING NUMERICAL ADJUSTMENTS FOR ASYLEES

6 AT 10,000 EACH YEAR.

7 (a) IN GENERAL.—Section 209(b) (8 U.S.C.

8 1159(b)) of such Act is amended by striking ‘‘Not more

9 than’’ and all that follows through ‘‘who—’’ and inserting

10 the following: ‘‘The Attorney General, in the Attorney

11 General’s discretion and under such regulations as the At12 torney General may prescribe, and in a number not to ex13 ceed 10,000 aliens in any fiscal year, may adjust to the

14 status of an alien lawfully admitted for permanent resi15 dence the status of any alien granted asylum who—’’.

16 (b) CONFORMING AMENDMENT.—Section 207(a) (8

17 U.S.C. 1157(a)) is amended by striking paragraph (4).

18 (c) EFFECTIVE DATE.—The amendments made by

19 this section shall take effect on October 1, 1996.

20 øSEC. 523. INCREASED RESOURCES FOR REDUCING ASY21 LUM APPLICATION BACKLOGS.

22 ø(a) AUTHORIZATION OF TEMPORARY EMPLOYMENT

23 OF CERTAIN ANNUITANTS AND RETIREES.—

24 ø(1) IN GENERAL.—For the purpose of per25 forming duties in connection with adjudicating appli-
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1 cations for asylum pending as of the date of the en2 actment of this Act, the Attorney General may em3 ploy for a period not to exceed 24 months (beginning

4 3 months after the date of the enactment of this

5 Act) not more than 300 individuals (at any one

6 time) who, by reason of separation from service on

7 or before January 1, 1995, are receiving—

8 ø(A) annuities under the provisions of sub9 chapter III of chapter 83 of title 5, United

10 States Code, or chapter 84 of such title;

11 ø(B) annuities under any other retirement

12 system for employees of the Federal Govern13 ment; or

14 ø(C) retired or retainer pay as retired offi15 cers of regular components of the uniformed

16 services.

17 ø(2) NO REDUCTION IN ANNUITY OR RETIRE18 MENT PAY OR REDETERMINATION OF PAY DURING

19 TEMPORARY EMPLOYMENT.—

20 ø(A) RETIREES UNDER CIVIL SERVICE RE21 TIREMENT SYSTEM AND FEDERAL EMPLOYEES’

22 RETIREMENT SYSTEM.—In the case of an indi23 vidual employed under paragraph (1) who is re24 ceiving an annuity described in paragraph

25 (1)(A)—
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1 ø(i) such individual’s annuity shall

2 continue during the employment under

3 paragraph (1) and shall not be increased

4 as a result of service performed during

5 that employment;

6 ø(ii) retirement deductions shall not

7 be withheld from such individual’s pay;

8 and

9 ø(iii) such individual’s pay shall not

10 be subject to any deduction based on the

11 portion of such individual’s annuity which

12 is allocable to the period of employment.

13 ø(B) OTHER FEDERAL RETIREES.—The

14 President shall apply the provisions of subpara15 graph (A) to individuals who are receiving an

16 annuity described in paragraph (1)(B) and who

17 are employed under paragraph (1) in the same

18 manner and to the same extent as such provi19 sions apply to individuals who are receiving an

20 annuity described in paragraph (1)(A) and who

21 are employed under paragraph (1).

22 ø(C) RETIRED OFFICERS OF THE UNI23 FORM SERVICES.—The retired or retainer pay

24 of a retired officer of a regular component of a

25 uniformed service shall not be reduced under
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1 section 5532 of title 5, United States Code, by

2 reason of temporary employment authorized

3 under paragraph (1).

4 ø(b) PROCEDURES FOR PROPERTY ACQUISITION ON

5 LEASING.—Notwithstanding the Federal Property and

6 Administrative Services Act of 1949 (40 U.S.C. 471 et

7 seq.), the Attorney General is authorized to expend out

8 of funds made available to the Department of Justice for

9 the administration of the Immigration and Nationality Act

10 such amounts as may be necessary for the leasing or ac11 quisition of property to carry out the purpose described

12 in subsection (a)(1).

13 ø(c) INCREASE IN ASYLUM OFFICERS.—Subject to

14 the availability of appropriations, the Attorney General

15 shall provide for an increase in the number of asylum offi16 cers to at least 600 asylum officers by fiscal year 1997.

17 SEC. ø524.¿ ø523.¿ PAROLE AVAILABLE ONLY ON A CASE-BY18 CASE BASIS FOR HUMANITARIAN REASONS

19 OR SIGNIFICANT PUBLIC BENEFIT.

20 (a) IN GENERAL.—Paragraph (5) of section 212(d)

21 (8 U.S.C. 1182(d)) is amended to read as follows:

22 ‘‘(5) HUMANITARIAN AND PUBLIC INTEREST PA23 ROLE.—

24 ‘‘(A) IN GENERAL.—Subject to the provisions of

25 this paragraph and section 214(f)(2), the Attorney
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1 General, in the sole discretion of the Attorney Gen2 eral, may on a case-by-case basis parole an alien into

3 the United States temporarily, under such conditions

4 as the Attorney General may prescribe, only—

5 ‘‘(i) for an urgent humanitarian reason (as

6 described under subparagraph (B)); or

7 ‘‘(ii) for a reason deemed strictly in the

8 public interest (as described under subpara9 graph (C)).

10 ‘‘(B) HUMANITARIAN PAROLE.—The Attorney

11 General may parole an alien based on an urgent hu12 manitarian reason described in this subparagraph

13 only if—

14 ‘‘(i) the alien has a medical emergency and

15 the alien cannot obtain necessary treatment in

16 the foreign state in which the alien is residing

17 or the medical emergency is life-threatening and

18 there is insufficient time for the alien to be ad19 mitted through the normal visa process;

20 ‘‘(ii) the alien is needed in the United

21 States in order to donate an organ or other tis22 sue for transplant into a close family member;

23 or

24 ‘‘(iii) the alien has a close family member

25 in the United States whose death is imminent
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1 and the alien could not arrive in the United

2 States in time to see such family member alive

3 if the alien were to be admitted through the

4 normal visa process.

5 ‘‘(C) PUBLIC INTEREST PAROLE.—The Attor6 ney General may parole an alien based on a reason

7 deemed strictly in the public interest described in

8 this subparagraph only if the alien has assisted the

9 United States Government in a matter, such as a

10 criminal investigation, espionage, or other similar

11 law enforcement activity, and either the alien’s pres12 ence in the United States is required by the Govern13 ment or the alien’s life would be threatened if the

14 alien were not permitted to come to the United

15 States.

16 ‘‘(D) LIMITATION ON THE USE OF PAROLE AU17 THORITY.—The Attorney General may not use the

18 parole authority under this paragraph to permit to

19 come to the United States aliens who have applied

20 for and have been found to be ineligible for refugee

21 status or any alien to whom the provisions of this

22 paragraph do not apply.

23 ‘‘(E) PAROLE NOT AN ADMISSION.—Parole of

24 an alien under this paragraph shall not be consid25 ered an admission of the alien into the United
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1 states. When the purposes of the parole of an alien

2 have been served, as determined by the Attorney

3 General, the alien shall immediately return or be re4 turned to the custody from which the alien was pa5 roled and the alien shall be considered for admission

6 to the United States on the same basis as other

7 similarly situated applicants for admission.

8 ‘‘(F) REPORT TO CONGRESS.—Not later than

9 90 days after the end of each fiscal year, the Attor10 ney General shall submit a report to the Committees

11 on the Judiciary of the House of Representatives

12 and the Senate describing the number and cat13 egories of aliens paroled into the United States

14 under this paragraph. Each such report shall con15 tain information and data concerning the number

16 and categories of aliens paroled, the duration of pa17 role, and the current status of aliens paroled during

18 the preceding fiscal year.’’.

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

20 subsection (a) shall take effect on the first day of the first

21 month beginning more than 60 days after the date of the

22 enactment of this Act.
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1 SEC. ø525.¿ ø526.¿ ADMISSION OF HUMANITARIAN IMMI2 GRANTS

3 (a) IN GENERAL.—Subsection (c) of section 203 (8

4 U.S.C. 1153) is amended to read as follows:

5 ‘‘(c) HUMANITARIAN IMMIGRANTS.—

6 ‘‘(1) IN GENERAL.—Aliens subject to the world7 wide level specified in section 201(e) for humani8 tarian immigrants shall be allotted visas only if the

9 aliens have been selected by the Attorney General,

10 under paragraph (2), as of special humanitarian

11 concern to the United States.

12 ‘‘(2) SELECTION OF IMMIGRANTS.—

13 ‘‘(A) IN GENERAL.—The Attorney General

14 shall, on a case-by-case basis and based on hu15 manitarian concerns and the public interest, se16 lect aliens for purposes of this subsection.

17 ‘‘(B) RESTRICTION.—The Attorney Gen18 eral may not select an alien under this para19 graph if the alien is a refugee (within the mean20 ing of section 101(a)(42)) unless the Attorney

21 General determines that compelling reasons in

22 the public interest with respect to that particu23 lar alien require that the alien be admitted into

24 the United States as a humanitarian immigrant

25 under this subsection rather than as a refugee

26 under section 207.
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1 ‘‘(3) ANNUAL REPORT.—Not later than 90 days

2 after the end of each fiscal year, the Attorney Gen3 eral shall submit to the Committees on the Judiciary

4 of the House of Representatives and of the Senate

5 a report describing the number of immigrant visas

6 issued under this subsection and the individuals to

7 whom the visas were issued.’’.

8 (b) PETITIONING.—Subparagraph (G) of section

9 204(a)(1) (8 U.S.C. 1154(a)(1)) is amended to read as

10 follows:

11 ‘‘(G) Any alien desiring to be provided an immigrant

12 visa under section 203(c) may file a petition with the At13 torney General for such classification, but only if the At14 torney General has identified the alien as possibly qualify15 ing for such a visa.’’.

16 (c) ORDER OF CONSIDERATION.—Section 203 (8

17 U.S.C. 1153) is amended—

18 (1) by amending paragraph (2) of subsection

19 (e) to read as follows:

20 ‘‘(2) Immigrant visa numbers made available under

21 subsection (c) (relating to humanitarian immigrants) shall

22 be issued to eligible immigrants in an order specified by

23 the Attorney General.’’, and

24 (2) in subsection (g), by striking ‘‘(a), (b), and

25 (c)’’ and inserting ‘‘(a) and (b)’’.
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1 (d) APPLICATION OF PER COUNTRY NUMERICAL

2 LIMITATIONS.—Section 202(a) (8 U.S.C. 1152(a)) is

3 amended by adding at the end the following new para4 graph:

5 ‘‘(5) PER COUNTRY LEVELS FOR HUMANI6 TARIAN IMMIGRANTS.—The total number of immi7 grant visas made available to natives of any single

8 foreign state or dependent area under section 203(c)

9 in any fiscal year may not exceed 50 percent (in the

10 case of a single foreign state) or 15 percent (in the

11 case of a dependent area) of the total number of

12 such visas made available under such subsection in

13 that fiscal year.’’.

14 (e) WAIVER OF CERTAIN GROUNDS OF INADMIS15 SIBILITY.—Section 212(a) (8 U.S.C. 1182(a)) is amend16 ed—

17 (1) in paragraph (4), as amended by section

18 621, by adding at the end the following new sub19 paragraph:

20 ‘‘(C) WAIVER AUTHORIZED FOR HUMANI21 TARIAN IMMIGRANTS.—The Attorney General,

22 in the discretion of the Attorney General, may

23 waive the ground of inadmissibility under sub24 paragraph (A) in the case of an alien seeking
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1 admission as a humanitarian immigrant under

2 section 203(c).’’;

3 (2) in paragraph (5)(C), by inserting before the

4 period at the end the following: ‘‘, and shall not

5 apply to immigrants seeking admissions as humani6 tarian immigrants under section 203(c)’’; and

7 (3) in paragraph (7)(A), by redesignating

8 clause (ii) as clause (iii) and by inserting after

9 clause (i) the following new clause:

10 ‘‘(ii) WAIVER AUTHORIZED FOR HU11 MANITARIAN IMMIGRANTS.—The Attorney

12 General, in the discretion of the Attorney

13 General, may waive the ground of inadmis14 sibility under clause (i) in the case of an

15 alien seeking admission as a humanitarian

16 immigrant under section 203(c).’’.

17 (f) CONFORMING AMENDMENTS RELATING TO

18 ELIMINATION OF DIVERSITY PROGRAM.—

19 (1) Section 141(c) of the Immigration Act of

20 1990 is amended by striking paragraph (2).

21 (2) Section 204(b)(1) of Immigration Act of

22 1990 is amended by inserting ‘‘, as in effect before

23 fiscal year 1996’’ after ‘‘Immigration and National24 ity Act’’.
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1 SEC. ø526.¿ ø525.¿ ASYLUM REFORM.

2 (a) ASYLUM REFORM.—Section 208 (8 U.S.C. 1158)

3 is amended to read as follows:

4 ‘‘ASYLUM

5 ‘‘SEC. 208. (a) AUTHORITY TO APPLY FOR ASY6 LUM.—Any alien who is physically present in the United

7 States or who arrives in the United States (whether or

8 not at a designated port of arrival), at a land border or

9 port of entry, irrespective of such alien’s status, may apply

10 for asylum in accordance with this section.

11 ‘‘(b) CONDITIONS FOR GRANTING ASYLUM.—

12 ‘‘(1) MANDATORY AUTHORITY.—The Attorney

13 General shall grant asylum to an alien if the alien

14 applies for asylum in accordance with the require15 ments of this section and establishes that it is more

16 likely than not that in the alien’s country of nation17 ality (or, in the case of a person having no national18 ity, the country in which such alien last habitually

19 resided) such alien’s life or freedom would be threat20 ened on account of race, religion, nationality, mem21 bership in a particular social group, or political opin22 ion.

23 ‘‘(2) DISCRETIONARY AUTHORITY.—The Attor24 ney General may grant asylum to an alien if the

25 alien applies for asylum in accordance with the re26 quirements of this section and establishes that the
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1 alien is a refugee within the meaning of section

2 101(a)(42).

3 ‘‘(3) LIMITATIONS.—(A) Paragraphs (1) and

4 (2) shall not apply to an alien if the Attorney Gen5 eral determines that—

6 ‘‘(i) the alien ordered, incited, assisted, or

7 otherwise participated in the persecution of any

8 person on account of race, religion, nationality,

9 membership in a particular social group, or po10 litical opinion;

11 ‘‘(ii) the alien, having been convicted by a

12 final judgment of a particularly serious crime,

13 constitutes a danger to the community of the

14 United States;

15 ‘‘(iii) there are serious reasons for believ16 ing that the alien has committed a serious non17 political crime outside the United States prior

18 to the arrival of the alien in the United States;

19 ‘‘(iv) there are reasonable grounds for re20 garding the alien as a danger to the security of

21 the United States;

22 ‘‘(v) the alien is inadmissible under

23 subclause (I), (II), or (III) of section

24 212(a)(3)(B)(i) or removable under section

25 237(a)(4)(B) (relating to terrorist activity); or
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1 ‘‘(vi) a country willing to accept the alien

2 has been identified (other than the country de3 scribed in paragraph (1)) to which the alien can

4 be removed or returned and the alien does not

5 establish that it is more likely than not that the

6 alien’s life or freedom would be threatened in

7 such country on account of race, religion, na8 tionality, membership in a particular social

9 group, or political opinion.

10 ‘‘(B)(i) For purposes of subparagraph (A)(ii),

11 an alien who has been convicted of an aggravated

12 felony shall be considered to have committed a par13 ticularly serious crime.

14 ‘‘(ii) The Attorney General shall promulgate

15 regulations that specify additional crimes that will

16 be considered to be a crime described in subpara17 graph (A)(ii) or (A)(iii).

18 ‘‘(iii) The Attorney General shall promulgate

19 regulations establishing such additional limitations

20 and conditions as the Attorney General considers ap21 propriate under which an alien shall be ineligible to

22 apply for asylum under paragraph (2).

23 ‘‘(c) ASYLUM STATUS.—
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1 ‘‘(1) IN GENERAL.—In the case of any alien

2 granted asylum under subsection (b), the Attorney

3 General, in accordance with this section—

4 ‘‘(A) shall not remove or return the alien

5 to the country described in subsection (b)(1);

6 ‘‘(B) shall authorize the alien to engage in

7 employment in the United States and provide

8 the alien with an ‘employment authorized’ en9 dorsement or other appropriate work permit;

10 and

11 ‘‘(C) may allow the alien to travel abroad

12 with the prior consent of the Attorney General.

13 ‘‘(2) LIMITATIONS.—Asylum status does not in14 clude or convey a right to remain permanently in the

15 United States.

16 ‘‘(d) TERMINATION OF ASYLUM.—Asylum granted

17 under subsection (b) may be terminated if the Attorney

18 General, pursuant to such regulations as the Attorney

19 General may prescribe, determines that—

20 ‘‘(1) the alien no longer meets the conditions

21 described in subsection (b) owing to a change in cir22 cumstances in the alien’s country of nationality or,

23 in the case of an alien having no nationality, in the

24 country in which the alien last habitually resided;
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1 ‘‘(2) the alien meets a condition described in

2 subsection (b)(3); or

3 ‘‘(3) a country willing to accept the alien has

4 been identified (other than the country described in

5 subsection (b)(1)) to which the alien can be removed

6 or returned and the alien cannot establish that it is

7 more likely than not that the alien’s life or freedom

8 would be threatened in such country on account of

9 race, religion, nationality, membership in a particu10 lar social group, or political opinion.

11 ‘‘(e) ACCEPTANCE BY ANOTHER COUNTRY.—In the

12 case of an alien described in subsection (b)(3)(A)(vi) or

13 subsection (d)(3), the alien’s removal or return shall be

14 directed by the Attorney General in the sole discretion of

15 the Attorney General, to any country which is willing to

16 accept the alien into its territory (other than the country

17 described in subsection (b)(1)).

18 ‘‘(f) ASYLUM PROCEDURE.—

19 ‘‘(1) APPLICATIONS.—

20 ‘‘(A) DEADLINE.—(i) Subject to clause

21 (ii), an alien’s application for asylum shall not

22 be considered under this section unless—

23 ‘‘(I) the alien has filed, not later than

24 30 days after being admitted or coming to
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1 the United States, notice of intention to

2 file such an application, and

3 ‘‘(II) such application is actually filed

4 not later than 60 days after being admit5 ted or coming to the United States.

6 ‘‘(ii) An application for asylum may be

7 considered, notwithstanding that the require8 ments of clause (i) have not been met, only if

9 the alien demonstrates by clear and convincing

10 evidence changed circumstances in the alien’s

11 country of nationality (or in the case of an alien

12 with no nationality, in the country where the

13 alien has habitually resided) affecting eligibility

14 for asylum.

15 ‘‘(B) REQUIREMENTS.—An application for

16 asylum shall not be considered unless the alien

17 submits to the taking of fingerprints and a pho18 tograph in a manner determined by the Attor19 ney General.

20 ‘‘(C) FEES.—In the discretion of the At21 torney General, the Attorney General may im22 pose reasonable fees for the consideration of an

23 application for asylum, for employment author24 ization under this section, and for adjustment

25 of status under section 209(b). The Attorney
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1 General is authorized to provide for the assess2 ment and payment of any such fee over a pe3 riod of time or by installments.

4 ‘‘(D) NOTICE OF PRIVILEGE OF COUNSEL

5 AND CONSEQUENCES OF FRIVOLOUS APPLICA6 TION.—

7 ‘‘(i) NOTICE.—At the time of filing a

8 notice of intention to apply for asylum, the

9 alien shall be advised of the privilege of

10 being presented by counsel and of the con11 sequences, under subsection (h), of filing a

12 frivolous application for asylum.

13 ‘‘(ii) PROVISION OF LIST OF COUN14 SEL.—The Attorney General shall provide

15 lists (updated not less often than quar16 terly) of persons who have indicated their

17 availability to represent pro bono aliens in

18 asylum proceedings. Such lists shall be

19 provided to the alien at the time of filing

20 of notice of intention to apply for asylum,

21 and otherwise be made generally available.

22 ‘‘(E) EMPLOYMENT AUTHORIZATION.—An

23 applicant for asylum is not entitled to engage in

24 employment in the United States. The Attorney

25 General may authorize an alien who has filed
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1 an application for asylum to engage in employ2 ment in the United States, in the discretion of

3 the Attorney General.

4 ‘‘(2) CONSIDERATION OF ASYLUM APPLICA5 TIONS.—

6 ‘‘(A) IN GENERAL.—The Attorney General

7 shall establish a procedure for considering ap8 plications for asylum submitted pursuant to

9 paragraph (1). Such procedure shall include—

10 ‘‘(i) a requirement that, unless an ap11 plicant (or an attorney for an applicant)

12 consents in writing to the contrary, hear13 ings on asylum applications shall com14 mence not later than 45 days after the

15 date an application is filed;

16 ‘‘(ii) a requirement that applications

17 for asylum shall be considered by asylum

18 officers who are specially designated by the

19 Service as having special training and

20 knowledge of international conditions and

21 human rights records of foreign countries;

22 and

23 ‘‘(iii) summary dismissal of applica24 tions for asylum of an alien who does not

25 appear for a hearing on such application,
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1 unless the alien can show exceptional cir2 cumstances (as defined in section 239(e)),

3 as determined by the asylum officer, or un4 less written and oral notice were not pro5 vided as required by section 239.

6 ‘‘(B) FINALITY OF DETERMINATIONS.—

7 The decision of an asylum officer shall be the

8 final administrative determination of a claim

9 for asylum.

10 ‘‘(g) TREATMENT OF SPOUSE AND CHILDREN.—A

11 spouse or child (as defined in section 101(b)(1)(A), (B),

12 (C), (D), or (E)) of an alien who is granted asylum under

13 subsection (f)(2) may, if not otherwise eligible for asylum

14 under this section, be granted the same status as the alien

15 if accompanying, or following to join, such alien.

16 ‘‘(h) DENIAL OF IMMIGRATION BENEFITS FOR FRIV17 OLOUS APPLICATIONS.—

18 ‘‘(1) IN GENERAL.—If the asylum officer deter19 mines that an alien has made a frivolous application

20 for asylum under this section and the alien has re21 ceived the notice under subsection (f)(1)(D)(i), the

22 alien shall be permanently ineligible for any benefits

23 under this Act, effective as of the date of a final de24 termination on such application.
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1 ‘‘(2) TREATMENT OF MATERIAL MISREPRESEN2 TATIONS.—For purposes of this subsection, an appli3 cation considered to be ‘frivolous’ includes, but is

4 not limited to, an application which contains a will5 ful misrepresentation or concealment of a material

6 fact.

7 ‘‘(i) JUDICIAL REVIEW.—The procedure prescribed

8 by, and all the provisions of chapter 158 of title 28, United

9 States Code, shall apply to, and shall be the sole and ex10 clusive procedure for, the judicial review of all final orders

11 granting or denying asylum, except that—

12 ‘‘(1) a petition for review may be filed not later

13 than 90 days after the date of the issuance of the

14 final order granting or denying asylum;

15 ‘‘(2) the venue of any petition for review under

16 this subsection shall be in the judicial circuit in

17 which the administrative proceedings before an asy18 lum officer were conducted in whole or in part, or

19 in the judicial circuit therein is the residence, as de20 fined in this Act, of the petitioner, but not in more

21 than one circuit; and

22 ‘‘(3) notwithstanding any other provision of

23 law, a determination granting or denying asylum

24 based on changed circumstances pursuant to sub-
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1 section (f)(1)(A)(ii) shall be in the sole discretion of

2 the asylum officer.’’.

3 (b) CONFORMING AND CLERICAL AMENDMENTS.—

4 (1) The item in the table of contents relating to section

5 208 is amended to read as follows:

‘‘Sec. 208. Asylum.’’.

6 (2) Section 104(d)(1)(A) of the Immigration Act of

7 1990 (Public Law 101–649) is amended by striking

8 ‘‘208(b)’’ and inserting ‘‘208’’.

9 (c) EFFECTIVE DATE.—The amendment made by

10 subsection (a) shall apply to applications for asylum filed

11 on or after such date (not later than 180 days after the

12 date of the enactment of this Act) as the Attorney General

13 shall specify.

14 Subtitle D—General Effective Date;

15 Transition Provisions

16 SEC. 551. GENERAL EFFECTIVE DATE.

17 (a) IN GENERAL.—Except as otherwise provided in

18 subsection (b) or in this title, this title and the amend19 ments made by this title shall take effect on October 1,

20 1996, and shall apply beginning with fiscal year 1997.

21 (b) PROVISIONS TAKING EFFECT UPON ENACT22 MENT.—Sections 523 and 554 shall take effect on the date

23 of the enactment of this Act.
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1 SEC. 552. GENERAL TRANSITION FOR CURRENT CLASSI2 FICATION PETITIONS.

3 (a) FAMILY-SPONSORED IMMIGRANTS.—

4 (1) IMMEDIATE RELATIVES.—Any petition filed

5 under section 204(a) of the Immigration and Na6 tionality Act before October 1, 1996, for immediate

7 relative status under section 201(b)(2)(A) of such

8 Act (as in effect before such date) as a spouse or

9 child of a United States citizen or as a parent of a

10 United States citizen shall be deemed, as of such

11 date, to be a petition filed under such section for

12 status under section 201(b)(2)(A) (as such a spouse

13 or child) or under section 203(a)(2), respectively, of

14 such Act (as amended by this title).

15 (2) SPOUSES AND CHILDREN OF PERMANENT

16 RESIDENTS.—Any petition filed under section 204(a)

17 of the Immigration and Nationality Act before Octo18 ber 1, 1996, for preference status under section

19 203(a)(2) of such Act as a spouse or child of an

20 alien lawfully admitted for permanent residence shall

21 be deemed, as of such date, to be a petition filed

22 under such section for preference status under sec23 tion 203(a)(1) of such Act (as amended by this

24 title).

25 (b) EMPLOYMENT-BASED IMMIGRANTS.—
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1 (1) IN GENERAL.—Subject to paragraph (2),

2 any petition filed before October 1, 1996, and ap3 proved on any date, to accord status under section

4 203(b)(1)(A), 203(b)(1)(B), 203(b)(1)(C),

5 203(b)(2), 203(b)(3)(A)(i), 203(b)(3)(A)(ii),

6 203(b)(4), or 203(b)(5) of the Immigration and Na7 tionality Act (as in effect before such date) shall be

8 deemed, on and after October 1, 1996 (or, if later,

9 the date of such approval), to be a petition approved

10 to accord status under section 203(b)(1),

11 203(b)(2)(B), 203(b)(2)(C), 203(b)(2)(B),

12 203(b)(3)(B), 203(b)(3)(C), 203(b)(5), or 203(b)(4),

13 respectively, of such Act (as in effect on and after

14 such date). Nothing in this paragraph shall be con15 strued as exempting the beneficiaries of such peti16 tions from the numerical limitations under section

17 203(b) of such Act (as amended by section 513).

18 (2) TIME LIMITATION.—Paragraph (1) shall

19 not apply more than two years after the date the

20 priority date for issuance of a visa on the basis of

21 such a petition has been reached.

22 (c) ADMISSIBILITY STANDARDS.—When an immi23 grant, in possession of an unexpired immigrant visa issued

24 before October 1, 1996, makes application for admission,

25 the immigrant’s admissibility under paragraph (7)(A) of
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1 section 212(a) of the Immigration and Nationality Act

2 shall be determined under the provisions of law in effect

3 on the date of the issuance of such visa.

4 (d) CONSTRUCTION.—Nothing in this title shall be

5 construed as affecting the provisions of section 19 of Pub6 lic Law 97–116, section 2(c)(1) of Public Law 97–271,

7 or section 202(e) of Public Law 99–603.

8 SEC. 553. SPECIAL TRANSITION FOR CERTAIN BACK9 LOGGED SPOUSES AND CHILDREN OF LAW10 FUL PERMANENT RESIDENT ALIENS.

11 (a) IN GENERAL.—(1) In addition to any immigrant

12 visa numbers otherwise available, 50,000 (or, if greater,

1 13 ⁄5 of the number of aliens described in paragraph (2))

14 immigrant visa numbers shall be made available in each

15 of fiscal years 1997 through 2001 for aliens who have peti16 tions approved for classification under section 203(a)(1)

17 of the Immigration and Nationality Act (as amended by

18 this title) for the fiscal year.

19 (2) Aliens described in this paragraph are aliens, for

20 whom petitions are pending as of the beginning of the fis21 cal year involved, with respect to whom the petitioning

22 alien became an alien admitted for lawful permanent resi23 dence through the operation of section 210 or 245A of

24 the Immigration and Nationality Act.
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1 (b) ORDER.—(1) Subject to paragraph (2), visa num2 bers under this section shall be made available in the order

3 in which a petition, in behalf of each such immigrant for

4 classification under section 203(a)(1) of the Immigration

5 and Nationality Act, is filed with the Attorney General

6 under section 204 of such Act.

7 (2) Visa numbers shall first be made available to

8 aliens for whom the petitioning alien did not become an

9 alien lawfully admitted for permanent residence thorough

10 the operation of section 210 or 245A of the Immigration

11 and Nationality Act.

12 (3) The per country numerical limitations of section

13 202 of such Act shall not apply with respect to visa num14 bers made available under this section, and visa numbers

15 made available under this section shall not be counted in

16 determining whether there are excess family admissions

17 in a fiscal year under section 201(c)(3)(B) of the Immi18 gration and Nationality Act (as amended by section

19 501(b) of this Act).

20 (c) REPORT.—The Attorney General shall submit to

21 Congress, by April 1, 2001, a report on the operation of

22 this section and the extent to which this section will, by

23 October 1, 2001, have resulted in visa numbers being

24 available to immigrants described in paragraphs (1) and

25 (2) of subsection (b) being available on a current basis.
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1 SEC. 554. SPECIAL TREATMENT OF CERTAIN DISADVAN2 TAGED FAMILY FIRST PREFERENCE IMMI3 GRANTS.

4 (a) DISREGARD OF PER COUNTRY LIMITS FOR LAST

5 HALF OF FISCAL YEAR 1996.—The per country numeri6 cal limitations specified in section 202(a) of the Immigra7 tion and Nationality Act shall not apply to immigrant

8 numbers made available under section 203(a)(1) of such

9 Act (as in effect before the date of the enactment of this

10 Act) on or after April 1, 1996, but only to the extent nec11 essary to assure that the priority date for aliens classified

12 under such section who are nationals of a country is not

13 earlier than the priority date for aliens classified under

14 section 203(a)(2)(B) of such Act for aliens who are na15 tionals of that country.

16 (b) ADDITIONAL VISA NUMBERS POTENTIALLY

17 AVAILABLE TO ASSURE EQUITABLE TREATMENT FOR

18 UNMARRIED SONS AND DAUGHTERS OF UNITED STATES

19 CITIZENS.—

20 (1) IN GENERAL.—In addition to any immi21 grant visa otherwise available, immigrant visa num22 bers shall be made available during fiscal year 1997

23 for disadvantaged family first preference aliens (as

24 defined in paragraph (2)) and for spouses and chil25 dren of such aliens who would otherwise be eligible

26 to immigrant status under section 203(d) of the Im-
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1 migration and Nationality Act in relation to such

2 aliens if the aliens remained entitled to immigrant

3 status under section 203(a) of such Act.

4 (2) DISADVANTAGED FAMILY FIRST PREF5 ERENCE ALIEN DEFINED.—In this subsection, the

6 term ‘‘disadvantaged family first preference alien’’

7 means an alien—

8 (A) with respect to whom a petition for

9 classification under section 203(a)(1) of the Im10 migration and Nationality Act (as in effect on

11 the date of the enactment of this Act) was ap12 proved as of September 30, 1996, and

13 (B) whose priority date, as of September

14 30, 1996, under such classification was earlier

15 than the priority date as of such date for aliens

16 of the same nationality with respect to whom a

17 petition for classification under section

18 203(a)(2)(B) of such Act (as in effect on such

19 date) had been approved.

20 (3) DISREGARD OF PER COUNTRY NUMERICAL

21 LIMITATIONS.—Additional visa numbers made avail22 able under this subsection shall not be taken into ac23 count for purposes of applying any numerical limita24 tion applicable to the country under section 202 of

25 such Act, and visa numbers made available under
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1 this subsection shall not be counted in determining

2 whether there are excess family admissions in a fis3 cal year under section 201(c)(3)(B) of the Immigra4 tion and Nationality Act (as amended by section

5 501(b) of this Act).

6 TITLE VI—RESTRICTIONS ON

7 BENEFITS FOR ALIENS

8 SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING

9 WELFARE AND IMMIGRATION.

10 The Congress makes the following statements con11 cerning national policy with respect to welfare and immi12 gration:

13 (1) Self-sufficiency has been a basic principle of

14 United States immigration law since this country’s

15 earliest immigration statutes.

16 (2) It continues to be the immigration policy of

17 the United States that—

18 (A) aliens within the nation’s borders not

19 depend on public resources to meet their needs,

20 but rather rely on their own capabilities and the

21 resources of their families, their sponsors, and

22 private organizations, and

23 (B) the availability of public benefits not

24 constitute an incentive for immigration to the

25 United States.
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1 (3) Despite the principle of self-sufficiency,

2 aliens have been applying for and receiving public

3 benefits from Federal, State, and local governments

4 at increasing rates.

5 (4) Current eligibility rules for public assistance

6 and unenforceable financial support agreements have

7 proved wholly incapable of assuring that individual

8 aliens not burden the public benefits system.

9 (5) It is a compelling government interest to

10 enact new rules for eligibility and sponsorship agree11 ments in order to assure that aliens be self-reliant

12 in accordance with national immigration policy.

13 (6) It is a compelling government interest to re14 move the incentive for illegal immigration provided

15 by the availability of public benefits.

16 (7) Where States are authorized to follow Fed17 eral eligibility rules for public assistance programs,

18 the Congress strongly encourages the States to

19 adopt the Federal eligibility rules.
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1 Subtitle A—Eligibility of Illegal

2 Aliens for Public Benefits

3 PART 1—PUBLIC BENEFITS GENERALLY

4 SEC. 601. MAKING ILLEGAL ALIENS INELIGIBLE FOR PUB5 LIC ASSISTANCE, CONTRACTS, AND LI6 CENSES.

7 (a) FEDERAL PROGRAMS.—Notwithstanding any

8 other provision of law, except as provided in section 603,

9 any alien who is not lawfully present in the United States

10 shall not be eligible for any of the following:

11 (1) FEDERAL ASSISTANCE PROGRAMS.—To re12 ceive any benefits under any program of assistance

13 provided or funded, in whole or in part, by the Fed14 eral Government for which eligibility (or the amount

15 of assistance) is based on financial need.

16 (2) FEDERAL CONTRACTS OR LICENSES.—To

17 receive any grant, to enter into any contract or loan

18 agreement, or to be issued (or have renewed) any

19 professional or commercial license, if the grant, con20 tract, loan, or license is provided or funded by any

21 Federal agency.

22 (b) STATE PROGRAMS.—Notwithstanding any other

23 provision of law, except as provided in section 603, any

24 alien who is not lawfully present in the United States shall

25 not be eligible for any of the following:
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1 (1) STATE ASSISTANCE PROGRAMS.—To receive

2 any benefits under any program of assistance (not

3 described in subsection (a)(1)) provided or funded,

4 in whole or in part, by a State or political subdivi5 sion of a State for which eligibility (or the amount

6 of assistance) is based on financial need.

7 (2) STATE CONTRACTS OR LICENSES.—To re8 ceive any grant, to enter into any contract or loan

9 agreement, or to be issued (or have renewed) any

10 professional or commercial license, if the grant, con11 tract, loan, or license is provided or funded by any

12 State agency.

13 (c) REQUIRING PROOF OF IDENTITY FOR FEDERAL

14 CONTRACTS, GRANTS, LOANS, LICENSES, AND PUBLIC

15 ASSISTANCE.—

16 (1) IN GENERAL.—In considering an applica17 tion for a Federal contract, grant, loan, or license,

18 or for public assistance under a program described

19 in paragraph (2), a Federal agency shall require the

20 applicant to provide proof of identity under para21 graph (3) to be considered for such Federal con22 tract, grant, loan, license, or public assistance.

23 (2) PUBLIC ASSISTANCE PROGRAMS COV24 ERED.—The requirement of proof of identity under
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1 paragraph (1) shall apply to the following Federal

2 public assistance programs:

3 (A) SSI.—The supplemental security in4 come program under title XVI of the Social Se5 curity Act, including State supplementary bene6 fits programs referred to in such title.

7 (B) AFDC.—The program of aid to fami8 lies with dependent children under part A or E

9 of title IV of the Social Security Act.

10 (C) SOCIAL SERVICES BLOCK GRANT.—The

11 program of block grants to States for social

12 services under title XX of the Social Security

13 Act.

14 (D) MEDICAID.—The program of medical

15 assistance under title XIX of the Social Secu16 rity Act.

17 (E) FOOD STAMPS.—The program under

18 the Food Stamp Act of 1977.

19 (F) HOUSING ASSISTANCE.—Financial as20 sistance as defined in section 214(b) of the

21 Housing and Community Development Act of

22 1980.

23 (3) DOCUMENTS THAT SHOW PROOF OF IDEN24 TITY.—Any one of the documents listed under this

25 paragraph may be used as proof of identity under
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1 this subsection. Any such document shall be current

2 and valid. No other document or documents shall be

3 sufficient to prove identity.

4 (A) United States passport (either current

5 or expired if issued both within the previous 20

6 years and after the individual attained 18 years

7 of age).

8 (B) Resident alien card.

9 (C) State driver’s license, if presented with

10 the individual’s social security account number

11 card.

12 (D) State identity card, if presented with

13 the individual’s social security account number

14 card.

15 (d) AUTHORIZATION FOR STATES TO REQUIRE

16 PROOF OF ELIGIBILITY FOR STATE PROGRAMS.—In con17 sidering an application for contracts, grants, loans, li18 censes, or public assistance under any State program, a

19 State is authorized to require the applicant to provide

20 proof of eligibility to be considered for such State con21 tracts, grants, loans, licenses, or public assistance.

22 SEC. 602. MAKING UNAUTHORIZED ALIENS INELIGIBLE

23 FOR UNEMPLOYMENT BENEFITS.

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law, no unemployment benefits shall be payable
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1 (in whole or in part) out of Federal funds to the extent

2 the benefits are attributable to any employment of the

3 alien in the United States for which the alien was not

4 granted employment authorization pursuant to Federal

5 law.

6 (b) PROCEDURES.—Entities responsible for providing

7 unemployment benefits subject to the restrictions of this

8 section shall make such inquiries as may be necessary to

9 assure that applicants for such benefits are eligible con10 sistent with this section.

11 SEC. 603. GENERAL EXCEPTIONS.

12 Sections 601 and 602 shall not apply to the following:

13 (1) EMERGENCY MEDICAL SERVICES.—The pro14 vision of emergency medical services (as defined by

15 the Attorney General in consultation with the Sec16 retary of Health and Human Services).

17 (2) PUBLIC HEALTH IMMUNIZATIONS.—Public

18 health assistance for immunizations with respect to

19 immunizable diseases and for testing and treatment

20 for communicable diseases.

21 (3) SHORT-TERM EMERGENCY DISASTER RE22 LIEF.—The provision of non-cash, in-kind, short23 term emergency disaster relief.
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1 SEC. 604. TREATMENT OF EXPENSES SUBJECT TO EMER2 GENCY MEDICAL SERVICES EXCEPTION.

3 (a) IN GENERAL.—Subject to such amounts as are

4 provided in advance in appropriation Acts, each State or

5 local government that provides emergency medical services

6 (as defined for purposes of section 603(1)) through a pub7 lic hospital or other public facility to an individual who

8 is an alien not lawfully present in the United States is

9 entitled to receive payment from the Federal Government

10 of its costs of providing such services, but only to the ex11 tent that such costs are not otherwise reimbursed through

12 any other Federal program and cannot be recovered from

13 the alien or another person.

14 (b) CONFIRMATION OF IMMIGRATION STATUS RE15 QUIRED.—No payment shall be made under this section

16 with respect to services furnished to an individual unless

17 the identity and immigration status of the individual has

18 been verified with the Immigration and Naturalization

19 Service in accordance with procedures established by the

20 Attorney General.

21 (c) ADMINISTRATION.—This section shall be adminis22 tered by the Attorney General, in consultation with the

23 Secretary of Health and Human Services.

24 (d) EFFECTIVE DATE.—Subsection (a) shall not

25 apply to emergency medical services furnished before Oc26 tober 1, 1995.
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1 SEC. 605. REPORT ON DISQUALIFICATION OF ILLEGAL

2 ALIENS FROM HOUSING ASSISTANCE PRO3 GRAMS.

4 Not later than 90 days after the date of the enact5 ment of this Act, the Secretary of Housing and Urban

6 Development shall submit a report to the Committees on

7 the Judiciary of the House of Representatives and of the

8 Senate, the Committee on Banking of the House of Rep9 resentatives, and the Committee on Banking, Housing,

10 and Urban Affairs of the Senate, describing the manner

11 in which the Secretary is enforcing section 214 of the

12 Housing and Community Development Act of 1980. The

13 report shall contain statistics with respect to the number

14 of aliens denied financial assistance under such section.

15 SEC. 606. DEFINITIONS.

16 For purposes of this part:

17 (1) LAWFUL PRESENCE.—The determination of

18 whether an alien is lawfully present in the United

19 States shall be made in accordance with regulations

20 of the Attorney General. An alien shall not be con21 sidered to be lawfully present in the United States

22 for purposes of this title merely because the alien

23 may be considered to be permanently residing in the

24 United States under color of law for purposes of any

25 particular program.
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1 (2) STATE.—The term ‘‘State’’ includes the

2 District of Columbia, Puerto Rico, the Virgin Is3 lands, Guam, the Northern Mariana Islands, and

4 American Samoa.

5 SEC. 607. REGULATIONS AND EFFECTIVE DATES.

6 (a) REGULATIONS.—The Attorney General shall first

7 issue regulations to carry out this part (other than section

8 605) by not later than 60 days after the date of the enact9 ment of this Act. Such regulations shall take effect on an

10 interim basis, pending changes based on public comment.

11 (b) EFFECTIVE DATE FOR RESTRICTIONS ON ELIGI12 BILITY FOR PUBLIC BENEFITS.—(1) Except as provided

13 in this subsection, section 601 shall apply to benefits pro14 vided, contracts or loan agreements entered into, and pro15 fessional and commercial licenses issued (or renewed) on

16 or after such date as the Attorney General specifies in reg17 ulations under subsection (a). Such date shall be at least

18 30 days, and not more than 60 days, after the date the

19 Attorney General first issues such regulations.

20 (2) The Attorney General, in carrying out section

21 601(a)(2), may permit such section to be waived in the

22 case of individuals for whom an application for the grant,

23 contract, loan, or license is pending (or approved) as of

24 a date that is on or before the effective date specified

25 under paragraph (1).
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1 (c) EFFECTIVE DATE FOR RESTRICTIONS ON ELIGI2 BILITY FOR UNEMPLOYMENT BENEFITS.—(1) Except as

3 provided in this subsection, section 602 shall apply to un4 employment benefits provided on or after such date as the

5 Attorney General specifies in regulations under subsection

6 (a). Such date shall be at least 30 days, and not more

7 than 60 days, after the date the Attorney General first

8 issues such regulations.

9 (2) The Attorney General, in carrying out section

10 602, may permit such section to be waived in the case

11 of an individual during a continuous period of unemploy12 ment for whom an application for unemployment benefits

13 is pending as of a date that is on or before the effective

14 date specified under paragraph (1).

15 (d) BROAD DISSEMINATION OF INFORMATION.—Be16 fore the effective dates specified in subsections (b) and (c),

17 the Attorney General shall broadly disseminate informa18 tion regarding the restrictions on eligibility established

19 under this part.

20 PART 2—EARNED INCOME TAX CREDIT

21 SEC. 611. EARNED INCOME TAX CREDIT DENIED TO INDI22 VIDUALS NOT AUTHORIZED TO BE EM23 PLOYED IN THE UNITED STATES.

24 (a) IN GENERAL.—Section 32(c)(1) of the Internal

25 Revenue Code of 1986 (relating to individuals eligible to
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1 claim the earned income tax credit) is amended by adding

2 at the end the following new subparagraph:

3 ‘‘(F) IDENTIFICATION NUMBER REQUIRE4 MENT.—The term ‘eligible individual’ does not

5 include any individual who does not include on

6 the return of tax for the taxable year—

7 ‘‘(i) such individual’s taxpayer identi8 fication number, and

9 ‘‘(ii) if the individual is married (with10 in the meaning of section 7703), the tax11 payer identification number of such indi12 vidual’s spouse.’’

13 (b) SPECIAL IDENTIFICATION NUMBER.—Section 32

14 of the Internal Revenue Code of 1986 (relating to earned

15 income) is amended by adding at the end the following

16 new subsection:

17 ‘‘(k) IDENTIFICATION NUMBERS.—For purposes of

18 subsections (c)(1)(F) and (c)(3)(D), a taxpayer identifica19 tion number means a social security number issued to an

20 individual by the Social Security Administration (other

21 than a social security number issued pursuant to clause

22 (II) (or that portion of clause (III) that relates to clause

23 (II)) of section 205(c)(2)(B)(i) of the Social Security

24 Act).’’
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1 (c) EXTENSION OF PROCEDURES APPLICABLE TO

2 MATHEMATICAL OR CLERICAL ERRORS.—Section

3 6213(g)(2) of the Internal Revenue Code of 1986 (relating

4 to the definition of mathematical or clerical errors) is

5 amended by striking ‘‘and’’ at the end of subparagraph

6 (D), by striking the period at the end of subparagraph

7 (E) and inserting ‘‘, and’’, and by inserting after subpara8 graph (E) the following new subparagraph:

9 ‘‘(F) an omission of a correct taxpayer

10 identification number required under section 23

11 (relating to credit for families with younger

12 children) or section 32 (relating to the earned

13 income tax credit) to be included on a return.’’.

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

15 this section shall apply to taxable years beginning after

16 December 31, 1995.

17 Subtitle B—Expansion of Disquali18 fication From Immigration Ben19 efits on the Basis of Public

20 Charge

21 SEC. 621. GROUND FOR INADMISSIBILITY.

22 (a) IN GENERAL.—Paragraph (4) of section 212(a)

23 (8 U.S.C. 1182(a)) is amended to read as follows:

24 ‘‘(4) PUBLIC CHARGE.—
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1 ‘‘(A) FAMILY-SPONSORED IMMIGRANTS.—

2 Any alien who seeks admission or adjustment of

3 status under a visa number issued under sec4 tion 203(a), who cannot demonstrate to the

5 consular officer at the time of application for a

6 visa, or to the Attorney General at the time of

7 application for admission or adjustment of sta8 tus, that the alien’s age, health, family status,

9 assets, resources, financial status, education,

10 skills, or a combination thereof, or an affidavit

11 of support described in section 213A, or both,

12 make it unlikely that the alien will become a

13 public charge (as determined under section

14 241(a)(5)(B)) is inadmissible.

15 ‘‘(B) NONIMMIGRANTS.—Any alien who

16 seeks admission under a visa number issued

17 under section 214, who cannot demonstrate to

18 the consular officer at the time of application

19 for the visa that the alien’s age, health, family

20 status, assets, resources, financial status, edu21 cation, skills or a combination thereof, or an af22 fidavit of support described in section 213A, or

23 both, make it unlikely that the alien will become

24 a public charge (as determined under section

25 241(a)(B)(5)) is inadmissible.
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1 ‘‘(C) EMPLOYMENT-BASED IMMIGRANTS.—

2 ‘‘(i) IN GENERAL.—Any alien who

3 seeks admission or adjustment of status

4 under a visa number issued under para5 graph (2) or (3) of section 203(b) who

6 cannot demonstrate to the consular officer

7 at the time of application for a visa, or to

8 the Attorney General at the time of appli9 cation for admission or adjustment of sta10 tus, that the immigrant has a valid offer of

11 employment is inadmissible.

12 ‘‘(ii) CERTAIN EMPLOYMENT-BASED

13 IMMIGRANTS.—Any alien who seeks admis14 sion or adjustment of status under a visa

15 number issued under section 203(b) by vir16 tue of a classification petition filed by a

17 relative of the alien (or by an entity in

18 which such relative has a significant own19 ership interest) is inadmissible unless such

20 relative has executed an affidavit of sup21 port described in section 213A with respect

22 to such alien.’’.

23 (b) EFFECTIVE DATE.—(1) Subject to paragraph

24 (2), the amendment made by subsection (a) shall apply

25 to applications submitted on or after such date, not earlier
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1 than 30 days and not later than 60 days after the date

2 the Attorney General promulgates under section 632(f) a

3 standard form for an affidavit of support, as the Attorney

4 General shall specify.

5 (2) Section 212(a)(4)(C)(i) of the Immigration and

6 Nationality Act, as amended by subsection (a), shall apply

7 only to aliens seeking admission or adjustment of status

8 under a visa number issued on or after October 1, 1996.

9 SEC. 622. GROUND FOR DEPORTABILITY.

10 (a) IN GENERAL.—Paragraph (5) of section 241(a)

11 (8 U.S.C. 1251(a)) is amended to read as follows:

12 ‘‘(5) PUBLIC CHARGE.—

13 ‘‘(A) IN GENERAL.—Any alien who, within

14 7 years after the date of entry or admission, be15 comes a public charge is deportable.

16 ‘‘(B) EXCEPTIONS.—(i) Subparagraph (A)

17 shall not apply if the alien establishes that the

18 alien has become a public charge from causes

19 that arose after entry or admission. A condition

20 that the alien knew (or had reason to know)

21 existed at the time of entry or admission shall

22 be deemed to be a cause that arose before entry

23 or admission.

24 ‘‘(ii) The Attorney General, in the discre25 tion of the Attorney General, may waive the ap-
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1 plication of subparagraph (A) in the case of an

2 alien who is admitted as a refugee under sec3 tion 207 or granted asylum under section 208.

4 ‘‘(C) INDIVIDUALS TREATED AS PUBLIC

5 CHARGE.—For purposes of this title, an alien is

6 deemed to be a ‘public charge’ if the alien re7 ceives benefits (other than benefits described in

8 subparagraph (E)) under one or more of the

9 public assistance programs described in sub10 paragraph (D) for an aggregate period of at

11 least 12 months within 7 years after the date

12 of entry. The previous sentence shall not be

13 construed as excluding any other bases for con14 sidering an alien to be a public charge, includ15 ing bases in effect on the day before the date

16 of the enactment of the Immigration in the Na17 tional Interest Act of 1995. The Attorney Gen18 eral, in consultation with the Secretary of

19 Health and Human Services, shall establish

20 rules regarding the counting of health benefits

21 described in subparagraph (D)(iv) for purposes

22 of this subparagraph.

23 ‘‘(D) PUBLIC ASSISTANCE PROGRAMS.—

24 For purposes of subparagraph (B), the public

25 assistance programs described in this subpara-
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1 graph are the following (and include any suc2 cessor to such a program as identified by the

3 Attorney General in consultation with other ap4 propriate officials):

5 ‘‘(i) SSI.—The supplemental security

6 income program under title XVI of the So7 cial Security Act, including State supple8 mentary benefits programs referred to in

9 such title.

10 ‘‘(ii) AFDC.—The program of aid to

11 families with dependent children under

12 part A or E of title IV of the Social Secu13 rity Act.

14 ‘‘(iii) SOCIAL SERVICES BLOCK

15 GRANT.—The program of block grants to

16 States for social services under title XX of

17 the Social Security Act.

18 ‘‘(iv) MEDICAID.—The program of

19 medical assistance under title XIX of the

20 Social Security Act.

21 ‘‘(v) FOOD STAMPS.—The program

22 under the Food Stamp Act of 1977.

23 ‘‘(vi) STATE GENERAL CASH ASSIST24 ANCE.—A program of general cash assist-
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1 ance of any State or political subdivision of

2 a State.

3 ‘‘(vii) HOUSING ASSISTANCE.—Finan4 cial assistance as defined in section 214(b)

5 of the Housing and Community Develop6 ment Act of 1980.

7 ‘‘(E) CERTAIN ASSISTANCE EXCEPTED.—

8 For purposes of subparagraph (B), an alien

9 shall not be considered to be a public charge on

10 the basis of receipt of any of the following bene11 fits:

12 ‘‘(i) EMERGENCY MEDICAL SERV13 ICES.—The provision of emergency medical

14 services (as defined by the Attorney Gen15 eral in consultation with the Secretary of

16 Health and Human Services).

17 ‘‘(ii) PUBLIC HEALTH IMMUNIZA18 TIONS.—Public health assistance for im19 munizations with respect to immunizable

20 diseases and for testing and treatment for

21 communicable diseases.

22 ‘‘(iii) SHORT-TERM EMERGENCY DIS23 ASTER RELIEF.—The provision of non24 cash, in-kind, short-term emergency disas25 ter relief.’’.
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1 (b) EFFECTIVE DATE.—(1) The amendment made by

2 subsection (a) shall take effect as of the first day of the

3 first month beginning at least 30 days after the date of

4 the enactment of this Act.

5 (2) In applying section 241(a)(5)(C) of the Immigra6 tion and Nationality Act, as amended by subsection (a),

7 no receipt of benefits under a public assistance program

8 before the effective date described in paragraph (1) shall

9 be taken into account.

10 Subtitle C—Attribution of Income

11 and Affidavits of Support

12 SEC. 631. ATTRIBUTION OF SPONSOR’S INCOME AND RE13 SOURCES TO FAMILY-SPONSORED IMMI14 GRANTS.

15 (a) FEDERAL PROGRAMS.—Notwithstanding any

16 other provision of law, in determining the eligibility and

17 the amount of benefits of an alien for any Federal means18 tested public benefits program (as defined in subsection

19 (d)) the income and resources of the alien shall be deemed

20 to include—

21 (1) the income and resources of any individual

22 who executed an affidavit of support pursuant to

23 section 213A of the Immigration and Nationality

24 Act (as inserted by section 632(a)) in behalf of such

25 alien, and
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1 (2) the income and resources of the spouse (if

2 any) of the individual.

3 (b) PERIOD OF ATTRIBUTION.—

4 (1) PARENTS OF UNITED STATES CITIZENS.—

5 Subsection (a) shall apply with respect to an alien

6 who is admitted to the United States as the parent

7 of a United States citizen under section 512 until

8 the alien is naturalized as a citizen of the United

9 States.

10 (2) SPOUSES OF UNITED STATES CITIZENS AND

11 LAWFUL PERMANENT RESIDENTS.—Subsection (a)

12 shall apply with respect to an alien who is admitted

13 to the United States as the spouse of a United

14 States citizen or lawful permanent resident under

15 section 511 or section 512 until—

16 (A) 7 years after the date the alien is law17 fully admitted to the United States for perma18 nent residence, or

19 (B) the alien is naturalized as a citizen of

20 the United States,

21 whichever occurs first.

22 (3) MINOR CHILDREN OF UNITED STATES CITI23 ZENS AND LAWFUL PERMANENT RESIDENTS.—Sub24 section (a) shall apply with respect to an alien who

25 is admitted to the United States as the minor child
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1 of a United States citizen or lawful permanent resi2 dent under section 511 or section 512 until the child

3 attains the age of 21 years or, if earlier, the date

4 the child is naturalized as a citizen of the United

5 States.

6 (4) ATTRIBUTION OF SPONSOR’S INCOME AND

7 RESOURCES ENDED IF SPONSORED ALIEN BECOMES

8 ELIGIBLE FOR OLD-AGE BENEFITS UNDER TITLE II

9 OF THE SOCIAL SECURITY ACT.—

10 (A) Notwithstanding any other provision of

11 this section, subsection (a) shall not apply and

12 the period of attribution of a sponsor’s income

13 and resources under this subsection shall termi14 nate if the alien is employed for a period suffi15 cient to qualify for old age benefits under title

16 II of the Social Security Act and the alien is

17 able to prove to the satisfaction of the Attorney

18 General that the alien qualifies.

19 (B) The Attorney General shall ensure

20 that appropriate information pursuant to sub21 paragraph (A) is provided to the System for

22 Alien Verification of Eligibility (SAVE).

23 (c) OPTIONAL APPLICATION TO STATE PROGRAMS.—

24 (1) AUTHORITY.—Notwithstanding any other

25 provision of law, in determining the eligibility and
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1 the amount of benefits of an alien for any State

2 means-tested public benefits program, the State or

3 political subdivision that offers the program is au4 thorized to provide that the income and resources of

5 the alien shall be deemed to include—

6 (A) the income and resources of any indi7 vidual who executed an affidavit of support pur8 suant to section 213A of the Immigration and

9 Nationality Act (as inserted by section 632(a))

10 in behalf of such alien, and

11 (B) the income and resources of the spouse

12 (if any) of the individual.

13 (2) PERIOD OF ATTRIBUTION.—The period of

14 attribution of a sponsor’s income and resources in

15 determining the eligibility and amount of benefits

16 for an alien under any State means-tested public

17 benefits program pursuant to paragraph (1) may not

18 exceed the Federal period of attribution with respect

19 to the alien.

20 (d) MEANS-TESTED PROGRAM DEFINED.—In this

21 section:

22 (1) The term ‘‘means-tested public benefits pro23 gram’’ means a program of public benefits (includ24 ing cash, medical, housing, and food assistance and

25 social services) of the Federal Government or of a
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1 State or political subdivision of a State in which the

2 eligibility of an individual, household, or family eligi3 bility unit for benefits under the program, or the

4 amount of such benefits, or both are determined on

5 the basis of income, resources, or financial need of

6 the individual, household, or unit.

7 (2) The term ‘‘Federal means-tested public ben8 efits program’’ means a means-tested public benefits

9 program of (or contributed to by) the Federal Gov10 ernment.

11 (3) The term ‘‘State means-tested public bene12 fits program’’ means a means-tested public benefits

13 program that is not a Federal means-tested pro14 gram.

15 SEC. 632. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF

16 SUPPORT.

17 (a) IN GENERAL.—Title II is amended by inserting

18 after section 213 the following new section:

19 ‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT

20 ‘‘SEC. 213A. (a) ENFORCEABILITY.—(1) No affidavit

21 of support may be accepted by the Attorney General or

22 by any consular officer to establish that an alien is not

23 inadmissible as a public charge under section 212(a)(4)

24 unless such affidavit is executed by a sponsor of the alien

25 as a contract—
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1 ‘‘(A) that is legally enforceable against the

2 sponsor by the Federal Government and by any

3 State (or any political subdivision of such State)

4 that provides any means-tested public benefits pro5 gram, until the expiration of the 10-year period de6 scribed in subsection (b)(4); and

7 ‘‘(B) in which the sponsor agrees to submit to

8 the jurisdiction of any Federal or State court for the

9 purpose of actions brought under subsection (b)(2).

10 ‘‘(2)(A) An affidavit of support shall be enforceable

11 with respect to benefits provided under any means-tested

12 public benefits program for an alien who is admitted to

13 the United States as the parent of a United States citizen

14 under section 512 until the alien is naturalized as a citizen

15 of the United States.

16 ‘‘(B) An affidavit of support shall be enforceable with

17 respect to benefits provided under any means-tested public

18 benefits program for an alien who is admitted to the Unit19 ed States as the spouse of a United States citizen or lawful

20 permanent resident under section 511 or section 512

21 until—

22 ‘‘(i) 7 years after the date the alien is lawfully

23 admitted to the United States for permanent resi24 dence, or
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1 ‘‘(ii) such time as the alien is naturalized as a

2 citizen of the United States,

3 whichever occurs first.

4 ‘‘(C) An affidavit of support shall be enforceable with

5 respect to benefits provided under any means-tested public

6 benefits program for an alien who is admitted to the Unit7 ed States as the minor child of a United States citizen

8 or lawful permanent resident under section 511 or section

9 512 until the child attains the age of 21 years.

10 ‘‘(D)(i) Notwithstanding any other provision of this

11 subparagraph, a sponsor shall be relieved of any liability

12 under an affidavit of support if the sponsored alien is em13 ployed for a period sufficient to qualify for old age benefits

14 under title II of the Social Security Act and the sponsor

15 or alien is able to prove to the satisfaction of the Attorney

16 General that the alien qualifies.

17 ‘‘(ii) The Attorney General shall ensure that appro18 priate information pursuant to clause (i) is provided to

19 the System for Alien Verification of Eligibility (SAVE).

20 ‘‘(b) REIMBURSEMENT OF GOVERNMENT EX21 PENSES.—(1)(A) Upon notification that a sponsored alien

22 has received any benefit under any means-tested public

23 benefits program, the appropriate Federal, State, or local

24 official shall request reimbursement by the sponsor in the

25 amount of such assistance.
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1 ‘‘(B) The Attorney General, in consultation with the

2 Secretary of Health and Human Services, shall prescribe

3 such regulations as may be necessary to carry out sub4 paragraph (A).

5 ‘‘(2) If within 45 days after requesting reimburse6 ment, the appropriate Federal, State, or local agency has

7 not received a response from the sponsor indicating a will8 ingness to commence payments, an action may be brought

9 against the sponsor pursuant to the affidavit of support.

10 ‘‘(3) If the sponsor fails to abide by the repayment

11 terms established by such agency, the agency may, within

12 60 days of such failure, bring an action against the spon13 sor pursuant to the affidavit of support.

14 ‘‘(4) No cause of action may be brought under this

15 subsection later than 10 years after the alien last received

16 any benefit under any means-tested public benefits pro17 gram.

18 ‘‘(5) If, pursuant to the terms of this subsection, a

19 Federal, State, or local agency requests reimbursement

20 from the sponsor in the amount of assistance provided,

21 or brings an action against the sponsor pursuant to the

22 affidavit of support, the appropriate agency may appoint

23 or hire an individual or other person to act on behalf of

24 such agency acting under the authority of law for purposes

25 of collecting any moneys owed. Nothing in this subsection
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1 shall preclude any appropriate Federal, State, or local

2 agency from directly requesting reimbursement from a

3 sponsor for the amount of assistance provided, or from

4 bringing an action against a sponsor pursuant to an affi5 davit of support.

6 ‘‘(c) REMEDIES.—Remedies available to enforce an

7 affidavit of support under this section include any or all

8 of the remedies described in section 3201, 3203, 3204,

9 or 3205 of title 28, United States Code, as well as an

10 order for specific performance and payment of legal fees

11 and other costs of collection, and include corresponding

12 remedies available under State law. A Federal agency may

13 seek to collect amounts owed under this section in accord14 ance with the provisions of subchapter II of chapter 37

15 of title 31, United States Code.

16 ‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—(1)

17 The sponsor of an alien shall notify the Federal Govern18 ment and the State in which the sponsored alien is cur19 rently residing within 30 days of any change of address

20 of the sponsor during the period specified in subsection

21 (a)(1).

22 ‘‘(2) Any person subject to the requirement of para23 graph (1) who fails to satisfy such requirement shall be

24 subject to a civil penalty of—
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1 ‘‘(A) not less than $250 or more than $2,000,

2 or

3 ‘‘(B) if such failure occurs with knowledge that

4 the sponsored alien has received any benefit under

5 any means-tested public benefits program, not less

6 than $2,000 or more than $5,000.

7 ‘‘(e) DEFINITIONS.—For the purposes of this sec8 tion—

9 ‘‘(1) SPONSOR.—The term ‘sponsor’ means,

10 with respect to an alien, an individual who—

11 ‘‘(A) is a citizen or national of the United

12 States or an alien who is lawfully admitted to

13 the United States for permanent residence;

14 ‘‘(B) is 18 years of age or over;

15 ‘‘(C) is domiciled in any State;

16 ‘‘(D) demonstrates, through presentation

17 of a certified copy of a tax return or otherwise,

18 the means to maintain an annual income equal

19 to at least 200 percent of the poverty level for

20 the individual and the individual’s family (in21 cluding the alien and any other aliens with re22 spect to whom the individual is a sponsor); and

23 ‘‘(E) is petitioning for the admission of the

24 alien under section 204.
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1 ‘‘(2) FEDERAL POVERTY LINE.—The term

2 ‘Federal poverty line’ means the income official pov3 erty line (as defined by the Office of Management

4 and Budget and revised annually in accordance with

5 section 673(2) of the Omnibus Budget Reconcili6 ation Act of 1981) that is applicable to a family of

7 the size involved.

8 ‘‘(3) MEANS-TESTED PUBLIC BENEFITS PRO9 GRAM.—The term ‘means-tested public benefits pro10 gram’ means a program of public benefits (including

11 cash, medical, housing, and food assistance and so12 cial services) of the Federal Government or of a

13 State or political subdivision of a State in which the

14 eligibility of an individual, household, or family eligi15 bility unit for benefits under the program, or the

16 amount of such benefits, or both are determined on

17 the basis of income, resources, or financial need of

18 the individual, household, or unit.’’.

19 (b) REQUIREMENT OF AFFIDAVIT OF SUPPORT

20 FROM EMPLOYMENT SPONSORS.—For requirement for af21 fidavit of support from individuals who file classification

22 petitions for a relative as an employment-based immi23 grant, see the amendment made by section 621(a).

24 (c) SETTLEMENT OF CLAIMS PRIOR TO NATURALIZA25 TION.—Section 316(a) (8 U.S.C. 1427(a)) is amended—
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1 (1) by striking ‘‘and’’ before ‘‘(3)’’, and

2 (2) by inserting before the period at the end the

3 following: ‘‘, and (4) in the case of an applicant that

4 has received assistance under a means-tested public

5 benefits program (as defined in subsection (f)(3) of

6 section 213A) administered by a Federal, State, or

7 local agency and with respect to which amounts may

8 be owing under an affidavit of support executed

9 under such section, provides satisfactory evidence

10 that there are no outstanding amounts that may be

11 owed to any such Federal, State, or local agency

12 pursuant to such affidavit by the sponsor who exe13 cuted such affidavit’’.

14 (d) CLERICAL AMENDMENT.—The table of contents

15 of such Act is amended by inserting after the item relating

16 to section 213 the following:

‘‘Sec. 213A. Requirements for sponsor’s affidavit of support.’’.

17 (e) EFFECTIVE DATE.—Subsection (a) of section

18 213A of the Immigration and Nationality Act, as inserted

19 by subsection (a) of this section, shall apply to affidavits

20 of support executed on or after a date specified by the

21 Attorney General, which date shall be not earlier than 60

22 days (and not later than 90 days) after the date the Attor23 ney General formulates the form for such affidavits under

24 subsection (f) of this section.
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1 (f) PROMULGATION OF FORM.—Not later than 90

2 days after the date of the enactment of this Act, the Attor3 ney General, in consultation with the Secretary of State

4 and the Secretary of Health and Human Services, shall

5 promulgate a standard form for an affidavit of support

6 consistent with the provisions of section 213A of the Im7 migration and Nationality Act.

8 TITLE VII—FACILITATION OF

9 LEGAL ENTRY

10 SEC. 701. ADDITIONAL LAND BORDER INSPECTORS; INFRA11 STRUCTURE IMPROVEMENTS.

12 (a) INCREASED PERSONNEL.—

13 (1) IN GENERAL.—In order to eliminate undue

14 delay in the thorough inspection of persons and vehi15 cles lawfully attempting to enter the United States,

16 the Attorney General and Secretary of the Treasury

17 shall increase, by approximately equal numbers in

18 each of the fiscal years 1996 and 1997, the number

19 of full-time land border inspectors assigned to active

20 duty by the Immigration and Naturalization Service

21 and the United States Customs Service to a level

22 adequate to assure full staffing during peak crossing

23 hours of all border crossing lanes now in use, under

24 construction, or whose construction has been author25 ized by Congress.
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1 (2) DEPLOYMENT OF PERSONNEL.—The Attor2 ney General and the Secretary of the Treasury shall,

3 to the maximum extent practicable, ensure that the

4 personnel hired pursuant to this subsection shall be

5 deployed among the various Immigration and Natu6 ralization Service sectors in proportion to the num7 ber of land border crossings measured in each such

8 sector during the preceding fiscal year.

9 (b) IMPROVED INFRASTRUCTURE.—

10 (1) IN GENERAL.—The Attorney General may,

11 from time to time, in consultation with the Secretary

12 of the Treasury, identify those physical improve13 ments to the infrastructure of the international land

14 borders of the United States necessary to expedite

15 the inspection of persons and vehicles attempting to

16 lawfully enter the United States in accordance with

17 existing policies and procedures of the Immigration

18 and Naturalization Service, the United States Cus19 toms Service, and the Drug Enforcement Agency.

20 (2) PRIORITIES.—Such improvements to the in21 frastructure of the land border of the United States

22 shall be substantially completed and fully funded in

23 those portions of the United States where the Attor24 ney General, in consultation with the Committees on

25 the Judiciary of the House of Representatives and
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1 the Senate, objectively determines the need to be

2 greatest or most immediate before the Attorney Gen3 eral may obligate funds for construction of any im4 provement otherwise located.

5 SEC. 702. COMMUTER LANE PILOT PROGRAMS.

6 (a) MAKING LAND BORDER INSPECTION FEE PER7 MANENT.—Section 286(q) (8 U.S.C. 1356(q)) is amend8 ed—

9 (1) in paragraph (1), by striking ‘‘a project’’

10 and inserting ‘‘projects’’;

11 (2) in paragraph (1), by striking ‘‘Such

12 project’’ and inserting ‘‘Such projects’’; and

13 (3) by striking paragraph (5).

14 (b) CONFORMING AMENDMENT.—The Departments

15 of Commerce, Justice, and State, the Judiciary, and Re16 lated Agencies Appropriation Act, 1994 (Public Law 103–

17 121, 107 Stat. 1161) is amended by striking the fourth

18 proviso under the heading ‘‘Immigration and Naturaliza19 tion Service, Salaries and Expenses’’.

20 SEC. 703. PREINSPECTION AT FOREIGN AIRPORTS.

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

22 Act is amended by inserting after section 235 the following

23 new section:

24 ‘‘PREINSPECTION AT FOREIGN AIRPORTS

25 ‘‘SEC. 235A. (a) ESTABLISHMENT OF PRE26 INSPECTION STATIONS.—(1) Subject to paragraph (4),
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1 not later than 2 years after the date of the enactment of

2 this section, the Attorney General, in consultation with the

3 Secretary of State, shall establish and maintain

4 preinspection stations in at least 5 of the foreign airports

5 that are among the 10 foreign airports which the Attorney

6 General identifies as serving as last points of departure

7 for the greatest numbers of passengers who arrive from

8 abroad by air at ports of entry within the United States.

9 Such preinspection stations shall be in addition to any

10 preinspection stations established prior to the date of the

11 enactment of this section.

12 ‘‘(2) Not later than November 1, 1995, and each sub13 sequent November 1, the Attorney General shall compile

14 data identifying—

15 ‘‘(A) the foreign airports which served as last

16 points of departure for aliens who arrived by air at

17 United States ports of entry without valid docu18 mentation during the preceding fiscal years,

19 ‘‘(B) the number and nationality of such aliens

20 arriving from each such foreign airport, and

21 ‘‘(C) the primary routes such aliens followed

22 from their country of origin to the United States.

23 ‘‘(3) Subject to paragraph (4), not later than 4 years

24 after the date of enactment of this section, the Attorney

25 General, in consultation with the Secretary of State, shall
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1 establish preinspection stations in at least 5 additional for2 eign airports which the Attorney General, in consultation

3 with the Secretary of State, determines based on the data

4 compiled under paragraph (2) and such other information

5 as may be available would most effectively reduce the

6 number of aliens who arrive from abroad by air at points

7 of entry within the United States without valid docu8 mentation. Such preinspection stations shall be in addition

9 to those established prior to or pursuant to paragraph (1).

10 ‘‘(4) Prior to the establishment of a preinspection

11 station the Attorney General, in consultation with the Sec12 retary of State, shall ensure that—

13 ‘‘(A) employees of the United States stationed

14 at the preinspection station and their accompanying

15 family members will receive appropriate protection,

16 ‘‘(B) such employees and their families will not

17 be subject to unreasonable risks to their welfare and

18 safety, and

19 ‘‘(C) the country in which the preinspection sta20 tion is to be established maintains practices and pro21 cedures with respect to asylum seekers and refugees

22 in accordance with the Convention Relating to the

23 Status of Refugees (done at Geneva, July 28, 1951),

24 or the Protocol Relating to the Status of Refugees

25 (done at New York, January 31, 1967).
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1 ‘‘(b) ESTABLISHMENT OF CARRIER CONSULTANT

2 PROGRAM.—The Attorney General shall assign additional

3 immigration officers to assist air carriers in the detection

4 of fraudulent documents at foreign airports which, based

5 on the records maintained pursuant to subsection (a)(2),

6 served as a point of departure for a significant number

7 of arrivals at United States ports of entry without valid

8 documentation, but where no preinspection station ex9 ists.’’.

10 (c) CLERICAL AMENDMENT.—The table of contents

11 is amended by inserting after the item relating to section

12 235 the following new item:

‘‘Sec. 235A. Preinspection at foreign airports.’’.

13 SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETEC14 TION OF FRAUDULENT DOCUMENTS.

15 (a) USE OF FUNDS.—Section 286(h)(2)(A) (8 U.S.C.

16 1356(h)(2)(A)) is amended—

17 (1) in clause (iv), by inserting ‘‘, including

18 training of, and technical assistance to, commercial

19 airline personnel regarding such detection’’ after

20 ‘‘United States’’, and

21 (2) by adding at the end the following:

22 ‘‘The Attorney General shall provide for expenditures for

23 training and assistance described in clause (iv) in an

24 amount, for any fiscal year, not less than 5 percent of
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1 the total of the expenses incurred that are described in

2 the previous sentence.’’.

3 (b) COMPLIANCE WITH DETECTION REGULA4 TIONS.—Section 212(f) (8 U.S.C. 1182(f)) is amended by

5 adding at the end the following: ‘‘Whenever the Attorney

6 General finds that a commercial airline has failed to com7 ply with regulations of the Attorney General relating to

8 requirements of airlines for the detection of fraudulent

9 documents used by passengers traveling to the United

10 States (including the training of personnel in such detec11 tion), the Attorney General may suspend the entry of some

12 or all aliens transported to the United States by such air13 line.’’.

14 (c) EFFECTIVE DATES.—

15 (1) The amendments made by subsection (a)

16 shall apply to expenses incurred during or after fis17 cal year 1996.

18 (2) The Attorney General shall first issue, in

19 proposed form, regulations referred to in the second

20 sentence of section 212(f) of the Immigration and

21 Nationality Act, as added by the amendment made

22 by subsection (b), by not later than 90 days after

23 the date of the enactment of this Act.
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1 TITLE VIII—MISCELLANEOUS

2 PROVISIONS

3 SEC. 801. AMENDED DEFINITION OF AGGRAVATED FELONY.

4 (a) IN GENERAL.—Section 101(a)(43) (8 U.S.C.

5 1101(a)(43)), as amended by section 222 of the Immigra6 tion and Nationality Technical Corrections Act of 1994

7 (Public Law 103–416), is amended—

8 (1) in subparagraph (N), by striking ‘‘of title

9 18, United States Code’’ and inserting ‘‘of this Act’’,

10 and

11 (2) in subparagraph (O), by striking ‘‘which

12 constitutes’’ and all that follows up to the semicolon

13 at the end and inserting ‘‘, for the purpose of com14 mercial advantage’’.

15 (b) EFFECTIVE DATE OF CONVICTION.—Section

16 101(a)(43) (8 U.S.C. 1101(a)(43)), as amended by section

17 222(b) of the Immigration and Nationality Technical Cor18 rections Act of 1994 (Public Law 103–416), is amended

19 by adding at the end the following sentence: ‘‘Notwith20 standing any other provision of law, the term applies for

21 all purposes to convictions entered before, on, or after the

22 date of enactment of the Immigration and Nationality

23 Technical Corrections Act of 1994.’’.

24 (c) EFFECTIVE DATE.—The amendments made by

25 this section shall be effective as if included in the enact-
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1 ment of the Immigration and Nationality Technical Cor2 rections Act of 1994 (Public Law 103–416).

3 SEC. 802. AMENDED DEFINITIONS OF ‘‘CHILD’’ AND ‘‘PAR4 ENT’’ TO FACILITATE ADOPTION OF CHIL5 DREN BORN OUT-OF-WEDLOCK.

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

7 1101(b)(1) is amended—

8 (1) in paragraph (1)(A), by striking ‘‘a legiti9 mate child’’ and inserting ‘‘a child born in wedlock’’,

10 and

11 (2) by paragraphs (1)(D) and (2), by striking

12 ‘‘an illegitimate child’’ and inserting ‘‘a child born

13 out of wedlock’’.

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

15 subsection (a) shall take effect on the date of the enact16 ment of this Act.

17 SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING

18 PROCEDURES.

19 (a) IN GENERAL.—Section 202(a) (8 U.S.C.

20 1152(a)) is amended—

21 (1) in paragraph (1), by striking ‘‘paragraph

22 (2)’’ and inserting ‘‘paragraphs (2) and (5)’’, and

23 (2) by adding at the end the following new

24 paragraph:
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1 ‘‘(5) CONSTRUCTION.—Nothing in paragraph

2 (1) shall be construed to limit the authority of the

3 Secretary of State to determine the procedures for

4 the processing of immigrant visa applications or the

5 locations where such applications will be processed.’’.

6 (b) ELIMINATION OF CONSULATE SHOPPING FOR

7 VISA OVERSTAYS.—Section 222 (8 U.S.C. 1202) is

8 amended by adding at the end the following new sub9 section:

10 ‘‘(g) In the case of an alien who has entered and re11 mained in the United States beyond the authorized period

12 of stay, the alien is not eligible to be admitted to the Unit13 ed States as a nonimmigrant on the basis of a visa issued

14 other than in a consular office located in the country of

15 the alien’s nationality (or, if there is no office in such

16 country, at such other consular office as the Secretary of

17 State shall specify).’’.

18 (c) EFFECTIVE DATE.—The amendments made by

19 this section shall apply to visas issued before, on, or after

20 the date of the enactment of this Act.

21 SEC. 804. WAIVER AUTHORITY CONCERNING NOTICE OF

22 DENIAL OF APPLICATION FOR VISAS.

23 Section 212(b) (8 U.S.C. 1182(b)) is amended—

24 (1) by redesignating paragraphs (1) and (2) as

25 subparagraphs (A) and (B);
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1 (2) by striking ‘‘If’’ and inserting ‘‘(1) Subject

2 to paragraph (2), if’’; and

3 (3) by inserting at the end the following para4 graph:

5 ‘‘(2) With respect to applications for visas, the Sec6 retary of State may waive the application of paragraph

7 (1) in the case of a particular alien or any class or classes

8 of aliens inadmissible under subsection (a)(2) or (a)(3).’’.

9 SEC. 805. TREATMENT OF CANADIAN LANDED IMMIGRANTS.

10 Section 212(d)(4)(B) (8 U.S.C. 1182(d)(4)(B)) is

11 amended—

12 (1) by striking ‘‘and residents’’ and inserting ‘‘,

13 residents’’, and

14 (2) by striking ‘‘nationals,’’ and inserting ‘‘na15 tionals, and aliens who are granted permanent resi16 dence by the government of the foreign contiguous

17 territory and who are residing in that territory’’.

18 SEC. 806. CHANGES RELATING TO H–1B NONIMMIGRANTS.

19 (a) REMOVAL OF ANY REQUIREMENT FOR OBJEC20 TIVE WAGE SYSTEM FOR ALL EMPLOYERS.—Section

21 212(n) (8 U.S.C. 1182(n)) is amended by adding at the

22 end the following new paragraph:

23 ‘‘(3) For purposes of determining the actual wages

24 paid under paragraph (1)(A)(i)(I), an employer shall not
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1 be required to have and document an objective system to

2 determine the wages of workers.’’.

3 (b) INAPPLICABILITY OF CERTAIN REGULATIONS TO

4 NON-H–1B-DEPENDENT EMPLOYERS.—

5 (1) DEFINITION OF H–1B-DEPENDENT EM6 PLOYER.—Section 212(n)(2) (8 U.S.C. 1182(n)(2))

7 is amended by inserting after subparagraph (D) the

8 following new subparagraph:

9 ‘‘(E) In this subsection, the term ‘H–1B-de10 pendent employer’ means an employer that—

11 ‘‘(i)(I) has fewer than 41 full-time equiva12 lent employees who are employed in the United

13 States, and (II) employs 4 or more

14 nonimmigrants under section

15 101(a)(15)(H)(i)(b); or

16 ‘‘(ii)(I) has at least 41 full-time equivalent

17 employees who are employed in the United

18 States, and (II) employs nonimmigrants de19 scribed in section 101(a)(15)(H)(i)(b) in a

20 number that is equal to at least 10 percent of

21 the number of such full-time equivalent employ22 ees.

23 In applying this subparagraph, any group treated as

24 a single employer under subsection (b), (c), (m), or

25 (o) of section 414 of the Internal Revenue Code of
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1 1986 shall be treated as a single employer under

2 this subparagraph. Aliens with respect to whom the

3 employer has filed such an application shall be treat4 ed as employees, and counted as nonimmigrants

5 under section 101(a)(15)(H)(i)(b), under this sub6 paragraph.’’.

7 (2) LIMITING APPLICATION OF CERTAIN RE8 QUIREMENTS FOR NON-H–1B-DEPENDENT EMPLOY9 ERS.—Section 212(n) (8 U.S.C. 1182(n)), as

10 amended in subsection (a), is further amended by

11 adding at the end the following new paragraph:

12 ‘‘(4) In carrying out this subsection in the case of

13 an employer that is not an H–1B-dependent employer—

14 ‘‘(A) the employer is not required to post no15 tices at worksites that were not listed on the applica16 tion under paragraph (1) if the worksites are within

17 the area of intended employment listed on such ap18 plication; and

19 ‘‘(B) if the employer has filed and had certified

20 an application under paragraph (1) with respect to

21 one or more nonimmigrants described in section

22 101(a)(15)(H)(i)(b) for one or more areas of em23 ployment—

24 ‘‘(i) the employer is not required to file

25 and have certified an additional application
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1 under paragraph (1) with respect to such a

2 nonimmigrant for an area of employment not

3 listed in the previous application because the

4 employer has placed one or more such

5 nonimmigrants in such a nonlisted area so long

6 as each such nonimmigrant is not placed in

7 such nonlisted areas for a period exceeding 45

8 workdays in any 12-month period and not to

9 exceed 90 workdays in any 36-month period,

10 and

11 ‘‘(ii) the employer is not required to pay

12 per diem and transportation costs at any speci13 fied rates for work performed in such a

14 nonlisted area.’’.

15 (3) LIMITATION ON AUTHORITY TO INITIATE

16 COMPLAINTS AND CONDUCT INVESTIGATIONS FOR

17 NON-H–1B-DEPENDENT EMPLOYERS.—Section

18 212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amend19 ed—

20 (A) in the second sentence, by inserting be21 fore the period at the end the following: ‘‘, ex22 cept that the Secretary may only file such a

23 complaint in the case of an H–1B-dependent

24 employer (as defined in subparagraph (E))’’,

25 and
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1 (B) by inserting after the second sentence

2 the following new sentence: ‘‘No investigation or

3 hearing shall be conducted with respect to an

4 employer that is not an H–1B-dependent em5 ployer except in response to a complaint filed

6 under the previous sentence.’’.

7 (4) DELAY PERMITTED FOR CERTIFICATION IN

8 THE CASE OF H–1B-DEPENDENT EMPLOYERS.—Sec9 tion 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by

10 inserting before the period at the end the following:

11 ‘‘(or 30 days in the case of an employer which is an

12 H–1B-dependent employer)’’.

13 (c) NO DISPLACEMENT OF AMERICAN WORKERS

14 PERMITTED.—(1) Section 212(n)(1) (8 U.S.C.

15 1182(n)(1)) is amended by inserting after subparagraph

16 (D) the following new subparagraph:

17 ‘‘(E)(i) If the employer—

18 ‘‘(I) within the 6 months preceding the

19 date the alien begins employment pursuant to

20 such admission or the provision of such status,

21 laid off any protected individual (within the

22 meaning of section 274B(a)(3)) with substan23 tially equivalent qualifications and experience in

24 the specific employment for which the non25 immigrant is being sought, the employer will
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1 pay an actual wage to the nonimmigrant that is

2 at least 110 percent of the arithmetic mean of

3 the last wage earned by such laid off employees

4 (or, if greater, 110 percent of arithmetic mean

5 of the highest wage earned by such laid off em6 ployees within the most recent year if the em7 ployer reduced such wage during such year

8 other than as part of a general company-wide

9 reduction of wages for substantially all employ10 ees); and

11 ‘‘(II) within the 90 days following the date

12 the alien so begins employment and for so long

13 as the application remains active or a visa re14 mains in effect with respect to a nonimmigrant

15 pursuant to such an application, lays off any

16 protected individual (within the meaning of sec17 tion 274B(a)(3)) with substantially equivalent

18 qualifications and experience in the specific em19 ployment for which the nonimmigrant is em20 ployed, the employer will pay an actual wage to

21 the nonimmigrant that is at least 110 percent

22 of the arithmetic mean of the last wage earned

23 by such laid off employees (or, if greater, 110

24 percent of arithmetic mean of the highest wage

25 earned by such laid off employees within the
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1 most recent year if the employer reduced such

2 wage during such year other than as part of a

3 general company-wide reduction of wages for

4 substantially all employees).

5 ‘‘(ii) In the case of an employer that is a job

6 contractor (within the meaning of regulations pro7 mulgated to carry out this subsection), the contrac8 tor will not place the employee with any other em9 ployer unless such other employer has executed an

10 attestation that the employer is complying and will

11 continue to comply with the requirements of clause

12 (i) in the same manner as they apply to the job con13 tractor.

14 ‘‘(iii) For purposes of this subparagraph, the

15 term ‘laid off’, with respect to an employee—

16 ‘‘(I) means the employee’s loss of employ17 ment, other than a discharge for cause, vol18 untary departure, or retirement, and

19 ‘‘(II) does not include any situation in

20 which the employee involved is offered a similar

21 job opportunity with the same employer carry22 ing similar compensation and benefits as the

23 position from which the employee was laid off,

24 regardless of whether or not the employee ac25 cepts the offer.’’.
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1 (2) Section 212(n)(2) (8 U.S.C. 1182(n)(2)) is

2 amended by adding at the end the following new subpara3 graph:

4 ‘‘(F) Under regulations of the Secretary, the previous

5 provisions of this paragraph shall apply to complaints re6 specting a failure of an other employer to comply with an

7 attestation described in paragraph (1)(E)(ii) in the same

8 manner that they apply to complaints of a petitioner with

9 respect to a failure to comply with a condition described

10 in paragraph (1)(E)(i).’’.

11 (3) Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is

12 amended by inserting ‘‘or (1)(E)’’ after ‘‘(1)(B)’’.

13 (d) COMPUTATION OF PREVAILING WAGE LEVEL.—

14 Section 212(n) (8 U.S.C. 1182(n)) is amended by adding

15 at the end the following new paragraph:

16 ‘‘(3) In computing the prevailing wage level for an

17 occupational classification in an area of employment for

18 purposes of paragraph (1)(A)(i)(II) and subsection

19 (a)(5)(A) in the case of an employee of an institution of

20 higher education (as defined in section 1201(a) of the

21 Higher Education Act of 1965), or a related or affiliated

22 nonprofit entity, the prevailing wage level shall only take

23 into account employees at such institutions and entities

24 in the area of employment.’’.

25 (e) EFFECTIVE DATES.—
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1 (1) Except as otherwise provided in this sub2 section, the amendments made by this section shall

3 take effect on the date of the enactment of this Act

4 and shall apply to applications filed with the Sec5 retary of Labor on or after 30 days after the date

6 of the enactment of this Act.

7 (2) The amendments made by subsection (b)(3)

8 shall apply to complaints filed, and to investigations

9 or hearings initiated, on or after January 15, 1995.

10 SEC. 807. VALIDITY OF PERIOD OF VISAS.

11 (a) EXTENSION OF VALIDITY OF IMMIGRANT VISAS

12 TO 6 MONTHS.—Section 221(c) (8 U.S.C. 1201(c)) is

13 amended by striking ‘‘four months’’ and inserting ‘‘six

14 months’’.

15 (b) AUTHORIZING APPLICATION OF RECIPROCITY

16 RULE FOR NONIMMIGRANT VISA IN CASE OF REFUGEES

17 AND PERMANENT RESIDENTS.—Such section is further

18 amended by inserting before the period at the end of the

19 third sentence the following: ‘‘; except that in the case of

20 aliens who are nationals of a foreign country and who ei21 ther are granted refugee status and firmly resettled in an22 other foreign country or are granted permanent residence

23 and residing in another foreign country, the Secretary of

24 State may prescribe the period of validity of such a visa

25 based upon the treatment granted by that other foreign
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1 country to alien refugees and permanent residents, respec2 tively, in the United States’’.

3 SEC. 808. LIMITATION ON ADJUSTMENT OF STATUS OF IN4 DIVIDUALS NOT LAWFULLY PRESENT IN THE

5 UNITED STATES.

6 (a) IN GENERAL.—Section 245(i) (8 U.S.C. 1255),

7 as added by section 506(b) of the Department of State

8 and Related Agencies Appropriations Act, 1995 (Public

9 Law 103–317, 108 Stat. 1765), is amended—

10 (1) in paragraph (1), by inserting ‘‘pursuant to

11 section 301 of the Immigration Act of 1990 is not

12 required to depart from the United States and who’’

13 after ‘‘who’’ the first place it appears, and

14 (2) by adding at the end of paragraph (2) the

15 following: ‘‘For purposes of subparagraph (A), the

16 ground of inadmissibility described in section

17 212(a)(9) shall not apply.’’.

18 (b) EFFECTIVE DATE.—(1) The amendment made by

19 subsection (a)(1) shall apply to applications for adjust20 ment of status filed after September 30, 1996.

21 (2) The amendment made by subsection (a)(2) shall

22 take effect on the title III–A effective date (as defined in

23 section 309(a)).
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1 SEC. 809. LIMITED ACCESS TO CERTAIN CONFIDENTIAL INS

2 FILES.

3 (a) LEGALIZATION PROGRAM.—Section 245A(c)(5)

4 (8 U.S.C. 1255a(c)(5)) is amended—

5 (1) by redesignating subparagraphs (A) through

6 (C) as clauses (i) through (iii), respectively;

7 (2) by striking ‘‘Neither’’ and inserting ‘‘(A)

8 Except as provided in this paragraph, neither’’;

9 (3) by redesignating the last sentence as sub10 paragraph (D);

11 (4) by striking the semicolon and inserting a

12 period;

13 (5) by striking ‘‘except that the’’ and inserting

14 the following:

15 ‘‘(B) The’’;

16 (6) by inserting after subparagraph (B), as cre17 ated by the amendment made by paragraph (5), the

18 following:

19 ‘‘(C) The Attorney General may authorize dis20 closure of information contained in the application of

21 the alien under this section to be used—

22 ‘‘(i) for identification of the alien when

23 there is reason to believe that the alien has

24 been killed or severely incapacitated;

25 ‘‘(ii) for criminal law enforcement purposes

26 against the alien whose application is to be dis-
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1 closed if the alleged criminal activity occurred

2 after the legalization application was filed and

3 such activity involves terrorist activity or poses

4 either an immediate risk to life or to national

5 security, or would be prosecutable as an aggra6 vated felony, but without regard to the length

7 of sentence that could be imposed on the appli8 cant; or

9 ‘‘(iii) for immigration enforcement pur10 poses but only if the information is the date or

11 disposition of the application.’’; and

12 (7) by adding at the end the following new sub13 paragraph:

14 ‘‘(E) Nothing in this paragraph shall preclude

15 the release for immigration enforcement purposes of

16 the following information contained in files or

17 records of the Service pertaining to the application:

18 ‘‘(i) The immigration status of the appli19 cant on any given date after the date of filing

20 the application (including whether the applicant

21 was authorized to work).

22 ‘‘(ii) The date of the applicant’s adjust23 ment (if any) to the status of an alien lawfully

24 admitted for permanent residence.
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1 ‘‘(iii) Information concerning whether the

2 applicant has been convicted of a crime occur3 ring after the date of filing the application.’’.

4 (b) SPECIAL AGRICULTURAL WORKER PROGRAM.—

5 Section 210(b) of such Act (8 U.S.C. 1160(b)) is amend6 ed—

7 (1) in paragraph (5), by inserting ‘‘, except as

8 permitting under paragraph (6)(B)’’ after ‘‘consent

9 of the alien’’;

10 (2) in paragraph (6)—

11 (A) by striking ‘‘Neither’’ and inserting

12 ‘‘(A) Except as provided in subparagraph (B),

13 neither’’;

14 (B) by striking ‘‘Anyone’’ and inserting

15 the following:

16 ‘‘(C) Anyone’’;

17 (C) by inserting after the first sentence the

18 following:

19 ‘‘(B) The Attorney General may authorize dis20 closure of information contained in the application of

21 the alien to be used—

22 ‘‘(i) for identification of the alien when

23 there is reason to believe that the alien has

24 been killed or severely incapacitated,
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1 ‘‘(ii) for criminal law enforcement purposes

2 against the alien whose application is to be dis3 closed if the alleged criminal activity occurred

4 after the special agricultural worker application

5 was filed and such activity involves terrorist ac6 tivity or poses either an immediate risk to life

7 or to national security, or would be prosecutable

8 as an aggravated felony, but without regard to

9 the length of sentence that could be imposed on

10 the applicant, or

11 ‘‘(iii) for immigration enforcement pur12 poses but only if the information is the date or

13 disposition of the application.’’; and

14 (3) by adding at the end the following new sub15 paragraph:

16 ‘‘(D) Nothing in this paragraph shall preclude

17 the release for immigration enforcement purposes of

18 the following information contained in files or

19 records of the Service pertaining to the application:

20 ‘‘(i) The immigration status of the appli21 cant on any given date after the date of filing

22 the application (including whether the applicant

23 was authorized to work).
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1 ‘‘(ii) The date of the applicant’s adjust2 ment (if any) to the status of an alien lawfully

3 admitted for permanent residence.

4 ‘‘(iii) Information concerning whether the

5 applicant has been convicted of a crime occur6 ring after the date of filing the application.’’.

7 SEC. 810. NONIMMIGRANT STATUS FOR SPOUSES AND CHIL8 DREN OF MEMBERS OF THE ARMED SERV9 ICES.

10 Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amend11 ed—

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

13 (R),

14 (2) by striking the period at the end of sub15 paragraph (S) and inserting ‘‘; or’’, and

16 (3) by inserting after subparagraph (S) the fol17 lowing new subparagraph:

18 ‘‘(T) an alien who is the spouse or child of a

19 another alien who is serving on active duty in the

20 Armed Forces of the United States during the pe21 riod in which the other alien is stationed in the

22 United States.’’.
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1 SEC. 811. COMMISSION REPORT ON FRAUD ASSOCIATED

2 WITH BIRTH CERTIFICATES.

3 Section 141 of the Immigration Act of 1990 is

4 amended—

5 (1) in subsection (b)—

6 (A) by striking ‘‘and’’ at the end of para7 graph (1),

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

9 paragraph (2) and inserting ‘‘; and’’, and

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

11 paragraph:

12 ‘‘(3) transmit to Congress, not later than Janu13 ary 1, 1997, a report containing recommendations

14 (consistent with subsection (c)(3)) of methods of re15 ducing or eliminating the fraudulent use of birth

16 certificates for the purpose of obtaining other iden17 tity documents that may be used in securing immi18 gration, employment, or other benefits.’’; and

19 (2) by adding at the end of subsection (c) the

20 following new paragraph:

21 ‘‘(3) FOR REPORT ON REDUCING BIRTH CER22 TIFICATE FRAUD.—In the report described in sub23 section (b)(3), the Commission shall consider and

24 analyze the feasibility of—

25 ‘‘(A) establishing national standards for

26 counterfeit-resistant birth certificates, and
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1 ‘‘(B) limiting the issuance of official copies

2 of a birth certificate of an individual to anyone

3 other than the individual or others acting on

4 behalf of the individual.’’.

5 SEC. 812. UNIFORM VITAL STATISTICS.

6 (a) PILOT PROGRAM.—The Secretary of Health and

7 Human Services shall consult with the State agency re8 sponsible for registration and certification of births and

9 deaths and, within 3 years of the date of enactment of

10 this Act, shall establish a pilot program for 3 of the 5

11 States with the largest number of undocumented aliens

12 of an electronic network linking the vital statistics records

13 of such States. The network shall provide, where practical,

14 for the matching of deaths with births and shall enable

15 the confirmation of births and deaths of citizens of such

16 States, or of aliens within such States, by any Federal

17 or State agency or official in the performance of official

18 duties. The Secretary and participating State agencies

19 shall institute measures to achieve uniform and accurate

20 reporting of vital statistics into the pilot program network,

21 to protect the integrity of the registration and certification

22 process, and to prevent fraud against the Government and

23 other persons through the use of false birth or death cer24 tificates.
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1 (b) REPORT.—Not later than 180 days after the es2 tablishment of the pilot program under subsection (a), the

3 Secretary shall issue a written report to Congress with rec4 ommendations on how the pilot program could effectively

5 be instituted as a national network for the United States.

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated for fiscal year 1996 and

8 for subsequent fiscal years such sums as may be necessary

9 to carry out this section.

10 SEC. 813. COMMUNICATION BETWEEN STATE AND LOCAL

11 GOVERNMENT AGENCIES, AND THE IMMIGRA12 TION AND NATURALIZATION SERVICE.

13 Notwithstanding any other provision of Federal,

14 State, or local law, no State or local government entity

15 shall prohibit, or in any way restrict, any government en16 tity or any official within its jurisdiction from sending to

17 or receiving from the Immigration and Naturalization

18 Service information regarding the immigration status,

19 lawful or unlawful, or an alien in the United States.

20 SEC. 814. CRIMINAL ALIEN REIMBURSEMENT COSTS.

21 Amounts appropriated to carry out section 501 of the

22 Immigration and Reform Act of 1986 for fiscal year 1995

23 shall be available to carry out section 242(j) of the Immi24 gration and Nationality Act in that fiscal year with respect
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1 to undocumented criminal aliens incarcerated under the

2 authority of political subdivisions of a State.

3 SEC. 815. MISCELLANEOUS TECHNICAL CORRECTIONS.

4 (a) AMENDMENTS RELATING TO PUBLIC LAW 103–

5 322 (VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

6 ACT OF 1994).—

7 (1) Section 60024(1)(F) of the Violent Crime

8 Control and Law Enforcement Act of 1994 (Public

9 Law 103–322) (in this subsection referred to as

10 ‘‘VCCLEA’’) is amended by inserting ‘‘United

11 States Code,’’ after ‘‘title 18,’’.

12 (2) Section 274(a)(2) (8 U.S.C. 1324(a)(2)), as

13 amended by section 60024(2) of VCCLEA, is

14 amended by striking the first period after ‘‘both’’.

15 (3) Section 130003(b)(3) of VCCLEA is

16 amended by striking ‘‘Naturalization’’ and inserting

17 ‘‘Nationality’’.

18 (4)(A) Section 214 (8 U.S.C. 1184) is amended

19 by redesignating the subsection (j), added by section

20 130003(b)(2) of VCCLEA (108 Stat. 2025), and the

21 subsection (k), added by section 220(b) of the Immi22 gration and Nationality Technical Amendments Act

23 of 1994 (Public Law 103–416, 108 Stat. 4319), as

24 subsections (k) and (l), respectively.
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1 (B) Section 101(a)(15)(S) (8 U.S.C.

2 1101(a)(15)(S)) is amended by striking ‘‘214(j)’’

3 and inserting ‘‘214(k)’’.

4 (5)(A) Section 245 (8 U.S.C. 1255) is amended

5 by redesignating the subsection (i) added by section

6 130003(c)(1) of VCCLEA as subsection (j).

7 (B) Section 241(a)(2)(A)(i)(I) (8 U.S.C.

8 1251(a)(2)(A)(i)(I)), as amended by section

9 130003(d) of VCCLEA and before redesignation by

10 section 305(2), is amended by striking ‘‘245(i)’’ and

11 inserting ‘‘245(j)’’.

12 (6) Section 245(i)(3), as added by section

13 130003(c)(1) of VCCLEA, is amended by striking

14 ‘‘paragraphs (1) or (2)’’ and inserting ‘‘paragraph

15 (1) or (2)’’.

16 (7) Section 130007(a) of VCCLEA is amended

17 by striking ‘‘242A(d)’’ and inserting ‘‘242A(a)(3)’’.

18 (8) The amendments made by this subsection

19 shall be effective as if included in the enactment of

20 the VCCLEA.

21 (b) AMENDMENTS RELATING TO IMMIGRATION AND

22 NATIONALITY TECHNICAL CORRECTIONS ACT OF 1994.—

23 (1) Section 101(d) of the Immigration and Na24 tionality Technical Corrections Act of 1994 (Public
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1 Law 103–416) (in this subsection referred to as

2 ‘‘INTCA’’) is amended—

3 (A) by striking ‘‘APPLICATION’’ and all

4 that follows through ‘‘This’’ and inserting ‘‘AP5 PLICABILITY OF TRANSMISSION REQUIRE6 MENTS.—This’’;

7 (B) by striking ‘‘any residency or other re8 tention requirements for’’ and inserting ‘‘the

9 application of any provision of law relating to

10 residence or physical presence in the United

11 States for purposes of transmitting United

12 States’’; and

13 (C) by striking ‘‘as in effect’’ and all that

14 follows through the end and inserting ‘‘to any

15 person whose claim is based on the amendment

16 made by subsection (a) or through whom such

17 a claim is derived.’’.

18 (2) Section 102 of INTCA is amended by add19 ing at the end the following new subsection:

20 ‘‘(e) TRANSITION.—In applying the amendment made

21 by subsection (a) to children born before November 14,

22 1986, any reference in the matter inserted by such amend23 ment to ‘five years, at least two of which’ is deemed a

24 reference to ‘10 years, at least 5 of which’.’’.
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1 (3) Section 351(a) (8 U.S.C. 1483(a)), as

2 amended by section 105(a)(2)(A) of INTCA, is

3 amended by striking the comma after ‘‘nationality’’.

4 (4) Section 207(2) of INTCA is amended by in5 serting a comma after ‘‘specified’’.

6 (5) Section 101(a)(43) (8 U.S.C. 1101(a)(43))

7 is amended—

8 (A) in subparagraph (K)(ii), by striking

9 the comma after ‘‘1588’’, and

10 (B) in subparagraph (O), by striking ‘‘sus11 picion’’ and inserting ‘‘suspension’’.

12 (6) Section 273(b) (8 U.S.C. 1323(b)), as

13 amended by section 209(a) of INTCA, is amended

14 by striking ‘‘remain’’ and inserting ‘‘remains’’.

15 (7) Section 209(a)(1) of INTCA is amended by

16 striking ‘‘$3000’’ and inserting ‘‘$3,000’’.

17 (8) Section 209(b) of INTCA is amended by

18 striking ‘‘subsection’’ and inserting ‘‘section’’.

19 (9) Section 217(f) (8 U.S.C. 1187(f)), as

20 amended by section 210 of INTCA, is amended by

21 adding a period at the end.

22 (10) Section 219(cc) of INTCA is amended by

23 striking ‘‘ ‘year 1993 the first place it appears’ ’’

24 and inserting ‘‘ ‘year 1993’ the first place it ap25 pears’’.
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1 (11) Section 219(ee) of INTCA is amended by

2 adding at the end the following new paragraph:

3 ‘‘(3) The amendments made by this subsection shall

4 take effect on the date of the enactment of this Act.’’.

5 (12) Paragraphs (4) and (6) of section 286(r)

6 (8 U.S.C. 1356(r)) are amended by inserting ‘‘the’’

7 before ‘‘Fund’’ each place it appears.

8 (13) Section 221 of INTCA is amended—

9 (A) by striking each semicolon and insert10 ing a comma,

11 (B) by striking ‘‘disasters.’’ and inserting

12 ‘‘disasters,’’, and

13 (C) by striking ‘‘The official’’ and inserting

14 ‘‘the official’’.

15 (14) Section 242A (8 U.S.C. 1252a), as added

16 by section 224(a) of INTCA and before redesigna17 tion as section 238 by section 308(b)(6), is amended

18 by redesignating subsection (d) as subsection (c).

19 (15) Section 225 of INTCA is amended—

20 (A) by striking ‘‘section 242(i)’’ and in21 serting ‘‘sections 242(i) and 242A’’, and

22 (B) by inserting ‘‘, 1252a’’ after

23 ‘‘1252(i)’’.

24 (16) Except as otherwise provided in this sub25 section, the amendments made by this subsection
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1 shall take effect as if included in the enactment of

2 INTCA.

3 (c) STRIKING REFERENCES TO SECTION 210A.—

4 (1)(A) Section 201(b)(1)(C) (8 U.S.C.

5 1151(b)(1)(C)) and section 274B(a)(3)(B) (8 U.S.C.

6 1324b(a)(3)(B)) are each amended by striking ‘‘,

7 210A,’’.

8 (B) Section 241(a)(1) (8 U.S.C. 1251(a)(1)),

9 before redesignation by section 305(2), is amended

10 by striking subparagraph (F).

11 (2) Sections 204(c)(1)(D)(i) and 204(j)(4) of

12 Immigration Reform and Control Act of 1986 are

13 each amended by striking ‘‘, 210A,’’.

14 (d) MISCELLANEOUS CHANGES IN THE IMMIGRATION

15 AND NATIONALITY ACT.—

16 (1) Before being amended by section 308(a),

17 the item in the table of contents relating to section

18 242A is amended to read as follows:

‘‘Sec. 242A. Expedited deportation of aliens convicted of committing aggravated felonies.’’.

19 (2) Section 101(a)(43)(N) (8 U.S.C.

20 1101(a)(43)(N)) is amended by striking ‘‘of title 18,

21 United States Code’’.

22 (3) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is

23 amended by striking ‘‘, 321, and 322’’ and inserting

24 ‘‘and 321’’.
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1 (4) Pursuant to section 6(b) of Public Law

2 103–272 (108 Stat. 1378)—

3 (A) section 214(f)(1) (8 U.S.C.

4 1184(f)(1)) is amended by striking ‘‘section

5 101(3) of the Federal Aviation Act of 1958’’

6 and inserting ‘‘section 40102(a)(2) of title 49,

7 United States Code’’; and

8 (B) section 258(b)(2) (8 U.S.C.

9 1288(b)(2)) is amended by striking ‘‘section

10 105 or 106 of the Hazardous Materials Trans11 portation Act (49 U.S.C. App. 1804, 1805’’ and

12 inserting ‘‘section 5103(b), 5104, 5106, 5107,

13 or 5110 of title 49, United States Code’’.

14 (5) Section 286(h)(1)(A) (8 U.S.C.

15 1356(h)(1)(A)) is amended by inserting a period

16 after ‘‘expended’’.

17 (6) Section 286(h)(2)(A) (8 U.S.C.

18 1356(h)(2)(A)) is amended—

19 (A) by striking ‘‘and’’ at the end of clause

20 (iv),

21 (B) by moving clauses (v) and (vi) 2 ems

22 to the left,

23 (C) by striking ‘‘; and’’ in clauses (v) and

24 (vi) and inserting ‘‘and for’’,
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1 (D) by striking the colons in clauses (v)

2 and (vi), and

3 (E) by striking the period at the end of

4 clause (v) and inserting ‘‘; and’’.

5 (7) Section 412(b) (8 U.S.C. 1522(b)) is

6 amended by striking the comma after ‘‘is author7 ized’’ in paragraph (3) and after ‘‘The Secretary’’ in

8 paragraph (4).

9 (e) MISCELLANEOUS CHANGE IN THE IMMIGRATION

10 ACT OF 1990.—Section 161(c)(3) of the Immigration Act

11 of 1990 is amended by striking ‘‘an an’’ and inserting ‘‘of

12 an’’.

13 (f) MISCELLANEOUS CHANGES IN OTHER ACTS.—

14 (1) Section 506(a) of the Intelligence Author15 ization Act, Fiscal Year 1990 (Public Law 101–193)

16 is amended by striking ‘‘this section’’ and inserting

17 ‘‘such section’’.

18 (2) Section 140 of the Foreign Relations Au19 thorization Act, Fiscal Years 1994 and 1995, as

20 amended by section 505(2) of Public Law 103–317,

21 is amended—

22 (A) by moving the indentation of sub23 sections (f) and (g) 2 ems to the left, and
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1 (B) in subsection (g), by striking ‘‘(g)’’

2 and all that follows through ‘‘shall’’ and insert3 ing ‘‘(g) Subsections (d) and (e) shall’’.

4 Subtitle B—Guest Worker

5 Visitation Program

6 SEC. 821. SHORT TITLE.

7 This subtitle may be cited as the ‘‘Tem8 porary Agricultural Worker Amendments of

9 1996’’.

10 SEC. 822. NEW NONIMMIGRANT H–2B CATEGORY FOR TEM11 PORARY AGRICULTURAL WORKERS.

12 (a) ESTABLISHMENT OF NEW CLASSIFICA13 TION.—Section 101(a)(15)(H)(ii) (8 U.S.C.

14 1101(a)(15)(H)(ii)) is amended by striking ‘‘or

15 (b)’’ and inserting ‘‘(b) having a residence in

16 a foreign country which he has no intention

17 of abandoning who is coming temporarily to

18 the United States pursuant to section 218A to

19 perform such agricultural labor or services of

20 a temporary or seasonal nature, or (c)’’.

21 (b) NO FAMILY MEMBERS PERMITTED.—Sec22 tion 101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is

23 amended by striking ‘‘specified in this para24 graph’’ and inserting ‘‘specified in this sub25 paragraph (other than in clause (ii)(b))’’.
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1 (c) DISQUALIFICATION IF CONVICTED OF

2 OWNERSHIP OR OPERATION OF A MOTOR VEHICLE

3 IN UNITED STATES WITHOUT INSURANCE.—Sec4 tion 214 (8 U.S.C. 1184) is amended by adding

5 at the end the following:

6 ‘‘(l)(1) An alien may not be admitted (or

7 provided status) as a temporary worker under

8 section 101(a)(15)(H)(ii)(b) if the alien (after

9 the date of the enactment of this subsection)

10 has been convicted of owning (or knowingly

11 operating) a motor vehicle in the United

12 States without having liability insurance that

13 meets applicable insurance requirements of

14 the State in which the alien is employed or in

15 which the vehicle is registered.

16 ‘‘(2) An alien who is admitted or provided

17 status as such a worker who is so convicted

18 shall be considered, on and after the date of

19 the conviction and for purposes of section

20 241(a)(1)(C), to have failed to comply with a

21 condition for the maintenance of status under

22 section 101(a)(15)(H)(ii)(b).’’

23 (d) CONFORMING REDESIGNATION.—Sub24 sections (c)(5)(A) and (g)(1)(B) of section 214

25 (8 U.S.C. 1184) are each amended by striking
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1 ‘‘101(a)(15)(H)(ii)(b)’’ and inserting

2 ‘‘101(a)(15)(H)(ii)(c)’’.

3 SEC. 823. ALTERNATIVE AGRICULTURAL TEMPORARY

4 WORKER PROCESS USING ATTESTATIONS.

5 (a) IN GENERAL.—The Immigration and Na6 tionality Act is amended by inserting after

7 section 218 the following:

8 ‘‘ALTERNATIVE AGRICULTURAL TEMPORARY

9 WORKER PROGRAM

10 ‘‘SEC. 218A. (a) CONDITION FOR THE EMPLOY11 MENT OF H–2B ALIENS.—

12 ‘‘(1) IN GENERAL.—No alien may be ad13 mitted or provided status as an H–2B

14 alien (as defined in subsection (n)(4)) un15 less—

16 ‘‘(A) the employment of the alien

17 is covered by a currently valid labor

18 condition attestation which—

19 ‘‘(i) is filed by the employer,

20 or by an association on behalf of

21 the employer, for the occupation

22 in which the alien will be em23 ployed;

24 ‘‘(ii) has been accepted by the

25 qualified State employment secu26 rity agency having jurisdiction
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1 over the area of intended employ2 ment; and

3 ‘‘(iii) states each of the items

4 described in paragraph (2) and in5 cludes information identifying

6 the employer or association and

7 agricultural job opportunities in8 volved; and

9 ‘‘(B) the employer is not disquali10 fied from employing H–2B aliens pur11 suant to subsection (g).

12 ‘‘(2) CONTENTS OF LABOR CONDITION AT13 TESTATION.—Each labor condition attesta14 tion filed by or on behalf of, an employer

15 shall include the following:

16 ‘‘(A) WAGE RATE.—The employer

17 will pay H–2B aliens and all other

18 workers in the occupation not less

19 than the prevailing wage for similarly

20 employed workers in the area of em21 ployment, and not less than the appli22 cable Federal, State or local statutory

23 minimum wage.

24 ‘‘(B) WORKING CONDITIONS.—The

25 employment of H–2B aliens will not
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1 adversely affect the working condi2 tions with respect to housing and

3 transportation of similarly employed

4 workers in the area of employment.

5 ‘‘(C) LIMITATION ON EMPLOYMENT.—

6 An H–2B alien will not be employed

7 in any job opportunity which is not

8 temporary or seasonal, and will not

9 be employed by the employer in any

10 job opportunity for more than 10

11 months in any 12-consecutive-month

12 period.

13 ‘‘(D) NO LABOR DISPUTE.—No H–2B

14 alien will be employed in any job op15 portunity which is vacant because its

16 former occupant is involved in a

17 strike, lockout or work stoppage in

18 the course of a labor dispute in the

19 occupation at the place of employ20 ment.

21 ‘‘(E) NOTICE.—The employer, at

22 the time of filing the attestation, has

23 provided notice of the attestation to

24 workers employed in the occupation
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1 in which H–2B aliens will be em2 ployed.

3 ‘‘(F) JOB ORDERS.—The employer

4 will file one or more job orders for

5 the occupation (or occupations) cov6 ered by the attestation with the quali7 fied State employment security agen8 cy no later than the day on which the

9 employer first employs any H–2B

10 aliens in the occupation.

11 ‘‘(G) PREFERENCE TO DOMESTIC

12 WORKERS.—The employer will give

13 preference to able, willing and quali14 fied United States workers who apply

15 to the employer and are available at

16 the time and place needed, for the

17 first 25 days after the filing of the job

18 order in an occupation or until 5 days

19 before the date employment of work20 ers in the occupation begins, which21 ever occurs later.

22 ‘‘(3) ESTABLISHMENT AS PILOT PROGRAM;

23 RESTRICTION OF ADMISSIONS TO PILOT PRO24 GRAM PERIOD.—
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1 ‘‘(A) IN GENERAL.—The program

2 under this section is deemed to be a

3 pilot program and no alien may be

4 admitted or provided status as an H–

5 2B alien under this section except

6 during the pilot program period spec7 ified in subparagraph (B).

8 ‘‘(B) PILOT PROGRAM PERIOD.—

9 ‘‘(i) IN GENERAL.—Subject to

10 clause (ii), the pilot program pe11 riod under this subparagraph is

12 the period (ending on October 1,

13 1999) during which the employ14 ment eligibility verification sys15 tem is in effect under section

16 274A(b)(7) (as amended by the Im17 migration in the National Interest

18 Act of 1995).

19 ‘‘(ii) CONSIDERATION OF EXTEN20 SION.—If Congress extends such

21 verification system, Congress

22 shall also extend the pilot pro23 gram period under this subpara24 graph for the same period of time.
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1 ‘‘(C) ANNUAL REPORTS.—The Comp2 troller General shall submit to Con3 gress annual reports on the operation

4 of the pilot program under this sec5 tion during the pilot program period.

6 Such reports shall include an assess7 ment of the program and of the need

8 for foreign workers to perform tem9 porary agricultural employment in

10 the United States.

11 ‘‘(4) LIMITATIONS ON NUMBER OF

12 VISAS.—

13 ‘‘(A) IN GENERAL.—In no case may

14 the number of aliens who are admit15 ted or provided status as an H–2B

16 alien in a fiscal year exceed the nu17 merical limitation specified under

18 subparagraph (B) for that fiscal year.

19 ‘‘(B) NUMERICAL LIMITATION.—The

20 numerical limitation specified in this

21 subparagraph for—

22 ‘‘(i) the first fiscal year in

23 which this section is applied is

24 250,000; and
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1 ‘‘(ii) any subsequent fiscal

2 year is the numerical limitation

3 specified in this subparagraph for

4 the previous fiscal year decreased

5 by 25,000.

6 ‘‘(b) FILING A LABOR CONDITION ATTESTA7 TION.—

8 ‘‘(1) FILING BY EMPLOYERS—Any em9 ployer in the United States is eligible to

10 file a labor condition attestation.

11 ‘‘(2) FILING BY ASSOCIATIONS ON BEHALF

12 OF EMPLOYER MEMBERS.—An agricultural

13 association may file a labor condition at14 testation as an agent on behalf of its

15 members. Such an attestation filed by an

16 agricultural association acting as an

17 agent for its members, when accepted,

18 shall apply to those employer members of

19 the association that the association cer20 tifies to the qualified State employment

21 security agency are members of the asso22 ciation and have agreed in writing to

23 comply with the requirements of this sec24 tion.
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1 ‘‘(3) PERIOD OF VALIDITY.—A labor con2 dition attestation is valid from the date

3 on which it is accepted by the qualified

4 State employment security agency for the

5 period of time requested by the employer,

6 but not to exceed 12 months.

7 ‘‘(4) WHERE TO FILE.—A labor condi8 tion attestation shall be filed with such

9 agency having jurisdiction over the area

10 of intended employment of the workers

11 covered by the attestation. If an em12 ployer, or the members of an association

13 of employers, will be employing workers

14 in an area or areas covered by more than

15 one such agency, the attestation shall be

16 filed with each such agency having juris17 diction over an area where the workers

18 will be employed.

19 ‘‘(5) DEADLINE FOR FILING.—An em20 ployer may file a labor condition attesta21 tion at any time up to 12 months prior to

22 the date of the employer’s anticipated

23 need for workers in the occupation (or

24 occupations) covered by the attestation.
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1 ‘‘(6) FILING FOR MULTIPLE OCCUPA2 TIONS.—A labor condition attestation may

3 be filed for one or more occupations and

4 cover one or more periods of employ5 ment.

6 ‘‘(7) MAINTAINING REQUIRED DOCU7 MENTATION.—

8 ‘‘(A) BY EMPLOYERS.—Each em9 ployer covered by an accepted labor

10 condition attestation must maintain a

11 file of the documentation required in

12 subsection (c) for each occupation in13 cluded in an accepted attestation cov14 ering the employer. The documenta15 tion shall be retained for a period of

16 one year following the expiration of

17 an accepted attestation. The em18 ployer shall make the documentation

19 available to representatives of the

20 Secretary during normal business

21 hours.

22 ‘‘(B) BY ASSOCIATIONS.—In comply23 ing with subparagraph (A), docu24 mentation maintained by an associa25 tion filing a labor condition attesta-
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1 tion on behalf of an employer shall be

2 deemed to be maintained by the em3 ployer.

4 ‘‘(8) WITHDRAWAL.—

5 ‘‘(A) COMPLIANCE WITH ATTESTA6 TION OBLIGATIONS.—An employer cov7 ered by an accepted labor condition

8 attestation for an occupation shall

9 comply with the terms and conditions

10 of the attestation from the date the

11 attestation is accepted and continu12 ing throughout the period any per13 sons are employed in an occupation

14 covered by such an accepted attesta15 tion, whether or not H–2B aliens are

16 employed in the occupation, unless

17 the attestation is withdrawn.

18 ‘‘(B) TERMINATION OF OBLIGA19 TIONS.—An employer may withdraw a

20 labor condition attestation in total, or

21 with respect to a particular occupa22 tion covered by the attestation. An as23 sociation may withdraw such an at24 testation with respect to one or more

25 of its members. To withdraw an attes-
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1 tation the employer or association

2 must notify in writing the qualified

3 State employment security agency of4 fice with which the attestation was

5 filed of the withdrawal of the attesta6 tion. An employer who withdraws an

7 attestation, or on whose behalf an at8 testation is withdrawn by an associa9 tion, is relieved of the obligations un10 dertaken in the attestation with re11 spect to the occupation (or occupa12 tions) with respect to which the attes13 tation was withdrawn, upon acknowl14 edgement by the appropriate quali15 fied State employment security agen16 cy of receipt of the withdrawal no17 tice. An attestation may not be with18 drawn with respect to any occupation

19 while any H–2B aliens covered by

20 that attestation are employed in the

21 occupation.

22 ‘‘(C) OBLIGATIONS UNDER OTHER

23 STATUTES.—Any obligation incurred

24 by the employer under any other law

25 or regulation as a result of recruit-
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1 ment of United States workers under

2 an offer of terms and conditions of

3 employment required by the H–2B

4 program is unaffected by withdrawal

5 of a labor condition attestation.

6 ‘‘(c) EMPLOYER RESPONSIBILITIES AND RE7 QUIREMENTS FOR EMPLOYING H–2B

8 NONIMMIGRANTS.—

9 ‘‘(1) REQUIREMENT TO PAY THE PREVAIL10 ING WAGE.—

11 ‘‘(A) EFFECT OF THE ATTESTATION.—

12 Employers shall pay each worker in

13 an occupation covered by an accept14 ed labor condition attestation at least

15 the prevailing wage in the occupation

16 in the area of intended employment.

17 The preceding sentence does not re18 quire employers to pay all workers in

19 the occupation the same wage. The

20 employer may, in the sole discretion

21 of the employer, maintain pay dif22 ferentials based on experience, ten23 ure with the employer, skill, or any

24 other work-related factor, if the dif25 ferential is not based on a criterion
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1 for which discrimination is prohib2 ited by the law and all workers in the

3 covered occupation receive at least

4 the prevailing wage.

5 ‘‘(B) PAYMENT OF QUALIFIED STATE

6 EMPLOYMENT SECURITY AGENCY DETER7 MINED WAGE SUFFICIENT.—The em8 ployer may request and obtain a pre9 vailing wage determination from the

10 qualified State employment security

11 agency. If the employer requests such

12 a determination, and pays the wage

13 determined, such payment shall be

14 considered sufficient to meet the re15 quirement of this paragraph if the H–

16 2B workers—

17 ‘‘(i) are employed in the occu18 pation for which the employer

19 possesses an accepted labor con20 dition attestation, and for which

21 the employer or association pos22 sesses a prevailing wage deter23 mination by the qualified State

24 employment security agency, and
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1 ‘‘(ii) are being paid at least

2 the prevailing wage so deter3 mined.

4 ‘‘(C) RELIANCE ON WAGE SURVEY.—

5 In lieu of the procedures of subpara6 graph (B), an employer may rely on

7 other information, such as an em8 ployer generated prevailing wage sur9 vey and determination, which meets

10 criteria specified by the Secretary by

11 regulation. In the event of a com12 plaint that the employer has failed to

13 pay the required wage, the Secretary

14 shall investigate to determine if the

15 information upon which the employer

16 relied complied with the criteria for

17 prevailing wage determinations.

18 ‘‘(D) ALTERNATE METHODS OF PAY19 MENT PERMITTED.—

20 ‘‘(i) IN GENERAL.—A prevailing

21 wage may be expressed as an

22 hourly wage, a piece rate, a task

23 rate (described in clause (ii)), or

24 other incentive pay system, in25 cluding a group rate (described in
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1 clause (iii)). The requirement to

2 pay at least the prevailing wage

3 in the occupation and area of in4 tended employment does not re5 quire an employer to pay by the

6 method of pay in which the pre7 vailing rate is expressed. How8 ever, if the employer adopts a

9 method of pay other than the pre10 vailing rate, the burden of proof

11 is on the employer to demonstrate

12 that the employer’s method of pay

13 is designed to produce earnings

14 equivalent to the earnings that

15 would result from payment of the

16 prevailing rate.

17 ‘‘(ii) TASK RATE.—For purposes

18 of this subparagraph, a task rate

19 is an incentive payment based on

20 a unit of work performed such

21 that the incentive rate varies

22 with the level of effort required to

23 perform individual units of work.

24 ‘‘(iii) GROUP RATE.—For pur25 poses of this subparagraph, a
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1 group rate is an incentive pay2 ment system in which the pay3 ment is shared among a group of

4 workers working together to per5 form the task.

6 ‘‘(E) REQUIRED DOCUMENTATION.—

7 The employer or association shall

8 document compliance with this para9 graph by retaining on file the em10 ployer or association’s request for a

11 determination by a qualified State

12 employment security agency and the

13 prevailing wage determination re14 ceived from such agency or other in15 formation upon which the employer

16 or association relied to assure compli17 ance with the prevailing wage re18 quirement.

19 ‘‘(2) REQUIREMENT TO PROVIDE HOUSING

20 AND TRANSPORTATION.—

21 ‘‘(A) EFFECT OF THE ATTESTATION.—

22 The employment of H–2B aliens shall

23 not adversely affect the working con24 ditions of United States workers simi25 larly employed in the area of in-
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1 tended employment. The employer’s

2 obligation not to adversely affect

3 working conditions shall continue for

4 the duration of the period of employ5 ment by the employer of any H–2B

6 aliens in the occupation and area of

7 intended employment. An employer

8 will be deemed to be in compliance

9 with this attestation if the employer

10 offers at least the benefits required

11 by subparagraphs (B) through (D).

12 The previous sentence does not re13 quire an employer to offer more than

14 such benefits.

15 ‘‘(B) HOUSING REQUIRED.—

16 ‘‘(i) HOUSING OFFER.—The em17 ployer must offer to H–2B aliens

18 and United States workers re19 cruited from beyond normal re20 cruiting distance housing, or a

21 housing allowance, if it is prevail22 ing practice in the occupation

23 and area of intended employment

24 to offer housing or a housing al25 lowance to workers who are re-
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1 cruited from beyond normal com2 muting distance.

3 ‘‘(ii) HOUSING STANDARDS.—If

4 the employer offers housing to

5 such workers, the housing shall

6 meet (at the option of the em7 ployer) applicable Federal farm

8 labor housing standards or appli9 cable local or State standards for

10 rental, public accommodation, or

11 other substantially similar class

12 of habitation.

13 ‘‘(iii) CHARGES FOR HOUSING.—

14 An employer who offers housing

15 to such workers may charge an

16 amount equal to the fair market

17 value (but not greater than the

18 employer’s actual cost) for utili19 ties and maintenance, or such

20 lesser amount as permitted by

21 law.

22 ‘‘(iv) HOUSING ALLOWANCE AS

23 ALTERNATIVE.—In lieu of offering

24 housing to such workers, at the

25 employer’s sole discretion on an
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1 individual basis, the employer

2 may provide a reasonable housing

3 allowance. An employer who of4 fers a housing allowance to such

5 a worker under this subpara6 graph shall not be deemed to be a

7 housing provider under section

8 203 of the Migrant and Seasonal

9 Agricultural Worker Protection

10 Act (29 U.S.C. 1823) merely by vir11 tue of providing such housing al12 lowance.

13 ‘‘(v) SECURITY DEPOSIT.—The

14 requirement, if any, to offer hous15 ing to such a worker under this

16 subparagraph shall not preclude

17 an employer from requiring a rea18 sonable deposit to protect against

19 gross negligence or willful de20 struction of property, as a condi21 tion for providing such housing.

22 ‘‘(vi) DAMAGES.—An employer

23 who offers housing to such a

24 worker shall not be precluded

25 from requiring a worker found to
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1 have been responsible for damage

2 to such housing which is not the

3 result of normal wear and tear re4 lated to habitation to reimburse

5 the employer for the reasonable

6 cost of repair of such damage.

7 ‘‘(C) TRANSPORTATION.—If the em8 ployer provides transportation ar9 rangements or assistance to H–2B

10 aliens, the employer must offer to

11 provide the same transportation ar12 rangements or assistance (generally

13 comparable in expense and scope) for

14 other individuals employed by the

15 employer in the occupation at the

16 place of employment who were re17 cruited from beyond normal commut18 ing distance.

19 ‘‘(D) WORKERS’ COMPENSATION.—If

20 the employment covered by a labor

21 condition attestation is not covered

22 by the State workers’ compensation

23 law, the employer must provide, at no

24 cost to the worker, insurance cover25 ing injury and disease arising out of
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1 and in the course of the workers’ em2 ployment which will provide benefits

3 at least equal to those provided under

4 the State workers’ compensation law

5 for comparable employment.

6 ‘‘(E) REQUIRED DOCUMENTATION.—

7 ‘‘(i) HOUSING AND TRANSPOR8 TATION.—No specific documenta9 tion is required to be maintained

10 to evidence compliance with the

11 requirements of subparagraphs

12 (B) and (C). In the event of a com13 plaint alleging a failure to comply

14 with such a requirement, the bur15 den of proof shall be on the em16 ployer to show that the employer

17 offered the required benefit to the

18 complainant, or that the employer

19 was not required by the terms of

20 this paragraph to offer such bene21 fit to the complainant.

22 ‘‘(ii) WORKERS’ COMPENSA23 TION.—The employer shall main24 tain copies of certificates of insur25 ance evidencing compliance with
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1 subparagraph (D) throughout the

2 period of validity of the labor

3 condition attestation.

4 ‘‘(3) REQUIREMENT TO EMPLOY ALIENS IN

5 TEMPORARY OR SEASONAL AGRICULTURAL

6 JOB OPPORTUNITIES.—

7 ‘‘(A) LIMITATIONS.—

8 ‘‘(i) IN GENERAL.—The em9 ployer may employ H–2B aliens

10 only in agricultural employment

11 which is temporary or seasonal.

12 ‘‘(ii) SEASONAL BASIS.—For pur13 poses of this section, labor is per14 formed on a seasonal basis where,

15 ordinarily, the employment per16 tains to or is of the kind exclu17 sively performed at certain sea18 sons or periods of the year and

19 which, from its nature, may not

20 be continuous or carried on

21 throughout the year.

22 ‘‘(iii) TEMPORARY BASIS.—For

23 purposes of this section, a worker

24 is employed on a temporary basis
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1 where the employment is in2 tended not to exceed 10 months.

3 ‘‘(B) REQUIRED DOCUMENTATION.—

4 No specific documentation is re5 quired to demonstrate compliance

6 with the requirement of subpara7 graph (A). In the event of a com8 plaint, the burden of proof shall fall

9 on the employer to show that the em10 ployment meets such requirement.

11 ‘‘(4) REQUIREMENT NOT TO EMPLOY

12 ALIENS IN JOB OPPORTUNITIES VACANT BE13 CAUSE OF A LABOR DISPUTE.—

14 ‘‘(A) IN GENERAL.—No H–2B alien

15 may be employed in any job oppor16 tunity which is vacant because its

17 former occupant is involved in a

18 strike, lockout, or work stoppage in

19 the course of a labor dispute in the

20 occupation at the place of employ21 ment.

22 ‘‘(B) REQUIRED DOCUMENTATION.—

23 No specific documentation is re24 quired to demonstrate compliance

25 with the requirement of subpara-
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1 graph (A). In the event of a com2 plaint, the burden of proof shall fall

3 on the employer to show that the job

4 opportunity in which the H–2B alien

5 was employed was not vacant be6 cause the former occupant was on

7 strike, locked out, or participating in

8 a work stoppage in the course of a

9 labor dispute in the occupation at the

10 place of employment.

11 ‘‘(5) NOTICE OF FILING OF ATTESTATION

12 AND SUPPORTING DOCUMENTATION.—

13 ‘‘(A) IN GENERAL.—The employer

14 shall—

15 ‘‘(i) provide notice of the filing

16 of a labor condition attestation to

17 the appropriate certified bargain18 ing agent (if any) which rep19 resents workers of the employer

20 in the occupation (or occupa21 tions) at the place of employment

22 covered by the attestation; or

23 ‘‘(ii) in the case where no ap24 propriate bargaining agent exists,

25 post notice of the filing of such an
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1 attestation in at least two con2 spicuous locations where applica3 tions for employment are accept4 ed.

5 ‘‘(B) PERIOD FOR POSTING.—The re6 quirement for a posting under sub7 paragraph (A)(ii) begins on the day

8 the attestation is filed, and continues

9 through the period during which the

10 employer’s job order is required to re11 main active pursuant to paragraph

12 (6)(A).

13 ‘‘(C) REQUIRED DOCUMENTATION.—

14 The employer shall maintain a copy

15 of the notice provided to the bargain16 ing agent (if any), together with evi17 dence that the notice was provided

18 (such as a signed receipt of evidence

19 of attempt to send the notice by cer20 tified or registered mail). In the case

21 where no appropriate certified bar22 gaining agent exists, the employer

23 shall retain a copy of the posted no24 tice, together with information as to
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1 the dates and locations where the no2 tice was displayed.

3 ‘‘(6) REQUIREMENT TO FILE A JOB

4 ORDER.—

5 ‘‘(A) EFFECT OF THE ATTESTATION.—

6 The employer, or an association act7 ing as agent for its members, shall

8 file the information necessary to com9 plete a local job order for each occu10 pation covered by an accepted labor

11 condition attestation with the appro12 priate local office of the qualified

13 State employment security agency

14 having jurisdiction over the area of

15 intended employment, or with the

16 State office of such an agency if

17 workers will be employed in an area

18 within the jurisdiction of more than

19 one local office of such an agency.

20 The job orders shall remain on file

21 for 25 calendar days or until 5 cal22 endar days before the anticipated

23 date of need for workers in the occu24 pation covered by the job order,

25 whichever occurs later. The job order
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1 shall provide at least the minimum

2 terms and conditions of employment

3 required for participation in the H–

4 2B program.

5 ‘‘(B) DEADLINE FOR FILING.—A job

6 order shall be filed under subpara7 graph (A) no later than the date on

8 which the employer files a petition

9 with the Attorney General for admis10 sion or extension of stay for aliens to

11 be employed in the occupation for

12 which the order is filed.

13 ‘‘(C) REQUIRED DOCUMENTATION.—

14 The office of the qualified State em15 ployment security agency which the

16 employer or association provides

17 with information necessary to file a

18 local job order shall provide the em19 ployer with evidence that the infor20 mation was provided in a timely man21 ner as required by this paragraph,

22 and the employer or association shall

23 retain such evidence for each occupa24 tion in which H–2B aliens are em25 ployed.
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1 ‘‘(7) REQUIREMENT TO GIVE PREFERENCE

2 TO QUALIFIED UNITED STATES WORKERS.—

3 ‘‘(A) FILING 30 DAYS OR MORE BE4 FORE DATE OF NEED.—If a job order is

5 filed 30 days or more before the an6 ticipated date of need for workers in

7 an occupation covered by a labor con8 dition attestation and for which the

9 job order has been filed, the employer

10 shall offer to employ able, willing,

11 and qualified United States workers

12 who apply to the employer and who

13 will be available at the time and

14 place needed for the job opportuni15 ties covered by the attestation until 5

16 calendar days before the anticipated

17 date of need for workers in the occu18 pation, or until the employer’s job op19 portunities in the occupation are

20 filled with qualified United States

21 workers, if that occurs more than 5

22 days before the anticipated date of

23 need for workers in the occupation.

24 ‘‘(B) FILLING FEWER THAN 30 DAYS

25 BEFORE DATE OF NEED.—If a job order
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1 is filed fewer than 30 days before the

2 anticipated date of need for workers

3 in an occupation covered by such an

4 attestation and for which a job order

5 has been filed, the employer shall

6 offer to employ able, willing, and

7 qualified United States workers who

8 are or will be available at the time

9 and place needed during the first 25

10 days after the job order is filed or

11 until the employer’s job opportunities

12 in the occupation are filled with Unit13 ed States workers, regardless of

14 whether any of the job opportunities

15 may already be occupied by H–2B

16 aliens.

17 ‘‘(C) FILING VACANCIES.—An em18 ployer may fill a job opportunity in

19 an occupation covered by an accept20 ed attestation which remains or be21 comes vacant after expiration of the

22 required preference period specified

23 in subparagraph (A) or (B) of para24 graph (6) without regard to such pref25 erence.
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1 ‘‘(D) JOB-RELATED REQUIREMENTS.—

2 No employer shall be required to ini3 tially employ a worker who fails to

4 meet lawful job-related employment

5 criteria, nor to continue the employ6 ment of a worker who fails to meet

7 lawful job-related standards of con8 duct and performance, including fail9 ure to meet minimum productivity

10 standards after a 3-day break-in pe11 riod.

12 ‘‘(E) REQUIRED DOCUMENTATION.—

13 No specific documentation is re14 quired to demonstrate compliance

15 with the requirements of this para16 graph. In the event of a complaint,

17 the burden of proof shall be on the

18 complainant to show that the com19 plainant applied for the job and was

20 available at the time and place need21 ed. If the complainant makes such a

22 showing, the burden of proof shall be

23 on the employer to show that the

24 complainant was not qualified or that

25 the preference period had expired.
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1 ‘‘(8) REQUIREMENTS OF NOTICE OF CER2 TAIN BREAKS IN EMPLOYMENT.—

3 ‘‘(A) IN GENERAL.—The employer

4 (or an association in relation to an H–

5 2B alien) shall notify the Service

6 within 7 days if an H–2B alien pre7 maturely abandons the alien’s em8 ployment.

9 ‘‘(B) OUT-OF-STATUS.—An H–2B

10 alien who abandons the alien’s em11 ployment shall be considered to have

12 failed to maintain nonimmigrant sta13 tus as an alien described in section

14 101(a)(15)(H)(ii)(b) and shall leave the

15 United States or be subject to depor16 tation under section 241(a)(1)(C)(i).

17 ‘‘(d) ACCEPTANCE BY QUALIFIED STATE EM18 PLOYMENT SECURITY AGENCY.—The qualified

19 State employment security agency shall re20 view labor condition attestations submitted

21 by employers or associations only for com22 pleteness and obvious inaccuracies. Unless

23 such an agency finds that the application is

24 incomplete or obviously inaccurate, the agen25 cy shall accept the attestation within 7 days
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1 of the date of filing of the attestation, and re2 turn a copy to the applicant marked ‘accept3 ed’.

4 ‘‘(e) PUBLIC REGISTRY.—The Secretary

5 shall maintain a registry of all accepted labor

6 condition attestations and make such registry

7 available for public inspection.

8 ‘‘(f) RESPONSIBILITIES OF THE QUALIFIED

9 STATE EMPLOYMENT SECURITY AGENCIES.—

10 ‘‘(1) DISSEMINATION OF LABOR MARKET

11 INFORMATION.—The Secretary shall direct

12 qualified State employment security

13 agencies to disseminate nonemployer14 specific information about potential labor

15 needs based on accepted attestations

16 filed by employers. Such dissemination

17 shall be separate from the clearance of

18 job orders through the Interstate and

19 Intrastate Clearance Systems, and shall

20 create no obligations for employers ex21 cept as provided in this section.

22 ‘‘(2) REFERRAL OF WORKERS ON QUALI23 FIED STATE EMPLOYMENT SECURITY AGENCY

24 JOB ORDERS.—Such agencies holding job

25 orders filed by employers covered by ap-
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1 proved labor condition attestations shall

2 be authorized to refer any able, willing,

3 and qualified eligible job applicant who

4 will be available at the time and place

5 needed and who is authorized to work in

6 the united States, including H–2B aliens

7 who are seeking additional work in the

8 United States and whose eligibility to re9 main in the United States pursuant to

10 subsection (h) has not expired, on job or11 ders filed by holders of accepted attesta12 tions.

13 ‘‘(g) ENFORCEMENT AND PENALTIES.—

14 ‘‘(1) ENFORCEMENT AUTHORITY.—

15 ‘‘(A) INVESTIGATION OF COM16 PLAINTS.—The Secretary shall estab17 lish a process for the receipt, inves18 tigation, and disposition of com19 plaints respecting an employer’s fail20 ure to meet a condition specified in

21 subsection (a) or an employer’s mis22 representation of material facts in

23 such an application. Complaints may

24 be filed by any aggrieved person or

25 organizations (including bargaining
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Title VIII, Subtitle B

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1 representatives). No investigation or

2 hearing shall be conducted on a com3 plaint concerning such a failure or

4 misrepresentation unless the com5 plaint was filed not later than 12

6 months after the date of the failure or

7 misrepresentation, respectively. The

8 Secretary shall conduct an investiga9 tion under this subparagraph if there

10 is reasonable cause to believe that

11 such a failure or misrepresentation

12 has occurred.

13 ‘‘(B) WRITTEN NOTICE OF FINDINGS

14 AND OPPORTUNITY FOR APPEAL.—After

15 an investigation has been conducted,

16 the Secretary shall issue a written de17 termination as to whether or not any

18 violation described in paragraph (2)

19 has been committed. The Secretary’s

20 determination shall be served on the

21 complainant and the employer, and

22 shall provide an opportunity for an

23 appeal of the Secretary’s decision to

24 an administrative law judge, who

25 may conduct a de novo hearing.
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1 ‘‘(2) REMEDIES.—

2 ‘‘(A) BACK WAGES.—Upon a final

3 determination that the employer has

4 failed to pay wages as required under

5 this section, the Secretary may assess

6 payment of back wages due to any

7 United States worker or H–2B alien

8 employed by the employer in the spe9 cific employment in question. The

10 back wages shall be equal to the dif11 ference between the amount that

12 should have been paid and the

13 amount that actually was paid to

14 such worker.

15 ‘‘(B) FAILURE TO PAY WAGES.—Upon

16 a final determination that the em17 ployer has failed to pay the wages re18 quired under this section, the Sec19 retary may assess a civil money pen20 alty up to $1,000 for each failure, and

21 may recommend to the Attorney Gen22 eral the disqualification of the em23 ployer from the employment of H–2B

24 aliens for a period of time determined

25 by the Secretary not to exceed 1 year.
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1 ‘‘(C) OTHER VIOLATIONS.—If the

2 Secretary, as a result of an investiga3 tion pursuant to a complaint, deter4 mines that an employer covered by

5 an accepted labor condition attesta6 tion has—

7 ‘‘(i) filed an attestation which

8 misrepresents a material fact; or

9 ‘‘(ii) failed to meet a condition

10 specified in subsection (a),

11 the Secretary may assess a civil

12 money penalty not to exceed $1,000

13 for each violation. In determining the

14 amount of civil money penalty to be

15 assessed, the Secretary shall consider

16 the seriousness of the violation, the

17 good faith of the employer, the size of

18 the business of the employer being

19 charged, the history of previous viola20 tions by the employer, whether the

21 employer obtained a financial gain

22 from the violation, whether the viola23 tion was willful, and other relevant

24 factors.

25 ‘‘(D) PROGRAM DISQUALIFICATION.—
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1 ‘‘(i) 3-YEARS FOR SECOND VIOLA2 TION.—Upon a second final deter3 mination that an employer has

4 failed to pay the wages required

5 under this section, the Secretary

6 shall report such determination

7 to the Attorney General and the

8 Attorney General shall disqualify

9 the employer from the employ10 ment of H–2B aliens for a period

11 of 3 years.

12 ‘‘(ii) PERMANENT FOR THIRD

13 VIOLATION.—Upon a third final de14 termination that an employer has

15 failed to pay the wages required

16 under this section, the Secretary

17 shall report such determination

18 to the Attorney General and the

19 Attorney General shall disqualify

20 the employer from any subse21 quent employment of H–2B aliens.

22 ‘‘(3) ROLE OF ASSOCIATIONS.—

23 ‘‘(A) VIOLATION BY A MEMBER OF AN

24 ASSOCIATION.—An employer on whose

25 behalf a labor condition attestation is
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1 filed by an association acting as its

2 agent is fully responsible for such at3 testation, and for complying with the

4 terms and conditions of this section,

5 as though the employer had filed the

6 attestation itself. If such an employer

7 is determined to have violated a re8 quirement of this section, the penalty

9 for such violation shall be assessed

10 against the employer who committed

11 the violation and not against the as12 sociation or other members of the as13 sociation.

14 ‘‘(B) VIOLATION BY AN ASSOCIATION

15 ACTING AS AN EMPLOYER.—If an asso16 ciation filing a labor condition attes17 tation on its own behalf as an em18 ployer is determined to have commit19 ted a violation under this subsection

20 which results in disqualification from

21 the program under paragraph (2)(D),

22 no individual member of such asso23 ciation may be the beneficiary of the

24 services of an H–2B alien in an occu25 pation in which such alien was em-
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1 ployed by the association during the

2 period such disqualification is in ef3 fect, unless such member files a labor

4 condition attestation as an individual

5 employer or such an attestation is

6 filed on the employer’s behalf by an

7 association with which the employer

8 has an agreement that the employer

9 will comply with the requirements of

10 this section.

11 ‘‘(h) PROCEDURE FOR ADMISSION OR EXTEN12 SION OF H–2B Aliens.—

13 ‘‘(1) ALIENS WHO ARE OUTSIDE THE UNIT14 ED STATES.—

15 ‘‘(A) PETITIONING FOR ADMISSION.—

16 An employer or an association acting

17 as agent for its members who seeks

18 the admission into the United States

19 of H–2B aliens may file a petition

20 with the District Director of the Serv21 ice having jurisdiction over the loca22 tion where the aliens will be em23 ployed. The petition shall be accom24 panied by an accepted and currently

25 valid labor condition attestation cov-
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1 ering the petitioner. The petition may

2 be for named or unnamed individual

3 or multiple beneficiaries.

4 ‘‘(B) EXPEDITED ADJUDICATION BY

5 DISTRICT DIRECTOR.—If an employer’s

6 petition for admission of H–2B aliens

7 is correctly filled out, and the em8 ployer is not ineligible to employ H–

9 2B aliens, the District Director (or the

10 Director’s designee) shall approve the

11 petition within 3 working days of re12 ceipt of the petition and accepted

13 labor condition attestation and imme14 diately (by fax, cable, or other means

15 assuring expedited delivery) transmit

16 a copy of the approved petition to the

17 petitioner and to the appropriate im18 migration officer at the port of entry

19 or United States consulate (as the

20 case may be) where the petitioner has

21 indicated that the alien beneficiary

22 (or beneficiaries) will apply for a visa

23 or admission to the United States.

24 ‘‘(C) UNNAMED BENEFICIARIES SE25 LECTED BY PETITIONER.—The petition-
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1 ing employer or association or its

2 representative shall approve the issu3 ance of visas to beneficiaries who are

4 unnamed on a petition for admission

5 granted to the employer or associa6 tion.

7 ‘‘(D) CRITERIA FOR ADMISSIBILITY.—

8 ‘‘(i) IN GENERAL.—An alien

9 shall be admissible under this sec10 tion if the alien is otherwise ad11 missible under this Act and the

12 alien is not debarred pursuant to

13 the provisions of clause (ii).

14 ‘‘(ii) DISQUALIFICATION.—An

15 alien shall be debarred from ad16 mission or being provided status

17 as an H–2B alien under this sec18 tion if the alien has, at any time—

19 ‘‘(I) violated a material

20 provision of this section, in21 cluding the requirement to

22 promptly depart the United

23 States when the alien’s au24 thorized period of admission
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1 under this section has ex2 pired; or

3 ‘‘(II) has otherwise vio4 lated a term or condition of

5 admission to the United

6 States as a nonimmigrant, in7 cluding overstaying the pe8 riod of authorized admission

9 as such a nonimmigrant.

10 ‘‘(E) PERIOD OF ADMISSION.—The

11 alien shall be admitted for the period

12 requested by the petitioner not to ex13 ceed 10 months, or the remaining va14 lidity period of the petitioner’s ap15 proved labor condition attestation,

16 whichever is shorter, plus an addi17 tional period of 14 days, during which

18 the alien shall seek authorized em19 ployment in the United States. Dur20 ing the 14-day period following the

21 expiration of the alien’s work author22 ization, the alien is not authorized to

23 be employed unless the original peti24 tioner or a subsequent petitioner has
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1 filed an extension of stay on behalf of

2 the alien.

3 ‘‘(F) ISSUANCE OF IDENTIFICATION

4 AND EMPLOYMENT ELIGIBILITY DOCU5 MENT.—

6 ‘‘(i) IN GENERAL.—The Attorney

7 General shall cause to be issued

8 to each H–2B alien a card in a

9 form which is resistant to coun10 terfeiting and tampering for the

11 purpose of providing proof of

12 identity and employment eligi13 bility under section 274A.

14 ‘‘(ii) DESIGN OF CARD.—Each

15 card issued pursuant to clause (i)

16 shall be designed in such a man17 ner and contain a photograph and

18 other identifying information

19 (such as date of birth, sex, and

20 distinguishing marks) that would

21 allow an employer to determine

22 with reasonable certainty that the

23 bearer is not claiming the iden24 tity of another individual, and

25 shall—
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1 ‘‘(I) contain a fingerprint

2 or other biometric identifying

3 data (or both);

4 ‘‘(II) specify the date of

5 the aliens authorization as an

6 H–2B alien;

7 ‘‘(III) specify the expira8 tion date of the alien’s work

9 authorization; and

10 ‘‘(IV) specify the alien’s

11 admission number or alien

12 file number.

13 ‘‘(2) EXTENSION OF STAY.—

14 ‘‘(A) APPLICATION FOR EXTENSION

15 OF STAY.—If a petitioner seeks to em16 ploy an H–2B alien already in the

17 United States, the petitioner shall file

18 an application for an extension of

19 stay. The application for extension of

20 stay shall be accompanied by a cur21 rently valid labor condition attesta22 tion.

23 ‘‘(B) LIMITATION ON FILING AN AP24 PLICATION FOR EXTENSION OF STAY.—An

25 application may not be filed for an
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1 extension of an alien’s stay for a pe2 riod of more than 10 months, or later

3 than a date which is 2 years from the

4 date of the alien’s last admission to

5 the United States as a H–2B alien,

6 whichever occurs first. An applica7 tion for extension of stay may not be

8 filed during the pendency of an

9 alien’s previous authorized period of

10 admission, nor after the alien’s au11 thorized stay in the United States has

12 expired.

13 ‘‘(C) WORK AUTHORIZATION UPON

14 FILING AN APPLICATION FOR EXTENSION

15 OF STAY.—An employer may begin em16 ploying an alien already in the Unit17 ed States in H–2B status on the day

18 the employer files its application for

19 extension of stay with the Service.

20 For the purpose of this requirement,

21 the term ‘filing’ means sending the

22 application by certified mail via the

23 United States Postal Service, return

24 receipt requested, or delivered by

25 guaranteed commercial delivery
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1 which will provide the employer with

2 a documented acknowledgment of re3 ceipt of the application. The employer

4 shall provide a copy of the employer’s

5 application for extension of stay to

6 the alien, who shall keep the applica7 tion with the alien’s identification

8 and employment eligibility card as

9 evidence that the extension has been

10 filed and that the alien is authorized

11 to work in the United States. Upon

12 approval of an application for exten13 sion of stay, the Service shall provide

14 a new employment document to the

15 alien indicating a new validity date,

16 after which the alien is not required

17 to retain a copy of the application for

18 extension of stay.

19 ‘‘(D) LIMITATION ON EMPLOYMENT

20 AUTHORIZATION OF H–2B ALIENS WITH21 OUT VALID IDENTIFICATION AND EMPLOY22 MENT ELIGIBILITY CARD.—An expired

23 identification and employment eligi24 bility card, together with a copy of an

25 application for extension of stay,
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1 shall constitute a valid work author2 ization document for a period of not

3 more than 60 days from the date of

4 application for the extension of stay,

5 after which time only a currently

6 valid identification and employment

7 eligibility card shall be acceptable.

8 ‘‘(3) LIMITATION ON AN INDIVIDUAL’S

9 STAY IN H–2B STATUS.—An alien having sta10 tus as an H–2B alien may not have the

11 status extended for a continuous period

12 longer than 2 years unless the alien re13 mains outside the United States for an

14 uninterrupted period of 6 months. An ab15 sence from the United States may break

16 the continuity of the period for which an

17 H–2B visa is valid. If the alien has resided

18 in the United States 10 months or less, an

19 absence breaks the continuity of the pe20 riod if it lasts for at least 2 months. If the

21 alien has resided in the United States 10

22 months or more, an absence breaks the

23 continuity of the period if it lasts for at

24 least one-fifth the duration of the stay.
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1 ‘‘(i) TRUST FUND TO ASSURE WORKER RE2 TURN.—

3 ‘‘(1) ESTABLISHMENT.—There is estab4 lished in the Treasury of the United

5 States a trust fund (in this section re6 ferred to as the ‘Trust Fund’) for the pur7 pose of providing a monetary incentive

8 for H–2B aliens to return to their country

9 of origin upon expiration of their visas

10 under this section.

11 ‘‘(2) WITHHOLDING OF WAGES; PAYMENT

12 INTO THE TRUST FUND.—

13 ‘‘(A) IN GENERAL.—Employers of

14 H–2B aliens shall—

15 ‘‘(i) withhold from the wages

16 of their H–2B alien workers an

17 amount equivalent to 25 percent

18 of the wages of each H–2B alien

19 worker and pay such withheld

20 amount into the Trust Fund in ac21 cordance with paragraph (3); and

22 ‘‘(ii) pay to the Trust Fund an

23 amount equivalent to the Federal

24 tax on the wages paid to H–2B

25 aliens that the employer would be
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1 obligated to pay under the Fed2 eral Unemployment Tax Act and

3 the Federal Insurance Contribu4 tions Act.

5 Amounts withheld under clause (i)

6 shall be maintained in such interest

7 bearing account with such a financial

8 institution as the Attorney General

9 shall specify.

10 ‘‘(3) DISTRIBUTION OF FUNDS.—The

11 amounts paid into the Trust Fund and

12 held pursuant to paragraph (2)(A)(i), and

13 interest earned thereon, shall be paid by

14 the Attorney General as follows:

15 ‘‘(A) REIMBURSEMENT OF EMER16 GENCY MEDICAL EXPENSES.—To reim17 burse valid claims for reimbursement

18 of emergency medical services fur19 nished to H–2B aliens, to the extent

20 that sufficient funds are not available

21 on an annual basis from the Trust

22 Fund pursuant to paragraphs

23 (2)(A)(ii) and (4)(B).

24 ‘‘(B) PAYMENTS TO WORKERS.—

25 Amounts paid into the Trust Fund on
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1 behalf of a worker, and interest

2 earned thereon, less a pro rata reduc3 tion for any payments made pursuant

4 to subparagraph (A), shall be paid by

5 the Attorney General to the worker

6 if—

7 ‘‘(i) the worker applies to the

8 Attorney General (or the designee

9 of the Attorney General) for pay10 ment within 30 days of the expira11 tion of the alien’s last authorized

12 stay in the United States as a H–

13 2B alien;

14 ‘‘(ii) in such application the

15 worker establishes that the work16 er has complied with the terms

17 and conditions of this section;

18 and

19 ‘‘(iii) in connection with the

20 application, the worker tenders

21 the identification and employ22 ment authorization card issued to

23 the worker pursuant to sub24 section (h)(1)(F) and establishes

25 that the worker is identified as
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1 the person to whom the card was

2 issued based on the biometric

3 identification information con4 tained on the card.

5 ‘‘(4) ADMINISTRATIVE EXPENSES AND

6 EMERGENCY MEDICAL EXPENSES.—The

7 amounts paid into the Trust Fund and

8 held pursuant to paragraph (2)(A)(ii), and

9 interest earned thereon, shall be paid by

10 the Attorney General as follows:

11 ‘‘(A) ADMINISTRATIVE EXPENSES.—

12 First, to the Attorney General, the

13 Secretary of Labor, and the Secretary

14 of State in amounts equivalent to the

15 expenses incurred by such officials in

16 the administration of section

17 101(a)(15)(H)(ii)(b) and this section.

18 ‘‘(B) REIMBURSEMENT OF EMER19 GENCY MEDICAL SERVICES.—Any re20 maining amounts shall be available

21 on an annual basis to reimburse hos22 pitals for emergency medical services

23 furnished to H–2B aliens as provided

24 in subsection (k)(2).
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1 ‘‘(5) REGULATIONS.—The Attorney Gen2 eral shall prescribe regulations to carry

3 out this subsection.

4 ‘‘(j) INVESTMENT OF TRUST FUND.—

5 ‘‘(1) IN GENERAL.—It shall be the duty

6 of the Secretary of the Treasury to invest

7 such portion of the Trust Fund as is not,

8 in the Secretary’s judgement, required to

9 meet current withdrawals. Such invest10 ments may be made only in interest-bear11 ing obligations of the United States or in

12 obligations guaranteed as to both prin13 cipal and interest by the United States.

14 For such purpose, such obligations may

15 be acquired—

16 ‘‘(A) on original issue at the price;

17 or

18 ‘‘(B) by purchase of outstanding

19 obligations at the market price.

20 The purposes for which obligations of the

21 United States may be issued under chap22 ter 31 of title 31, United States Code, are

23 hereby extended to authorize the issu24 ance at par of special obligations exclu25 sively to the Trust Fund. Such special ob-
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1 ligations shall bear interest at a rate

2 equal to the average rate of interest, com3 puted as to the end of the calendar

4 month next preceding the date of such

5 issue, borne by all marketable interest6 bearing obligations of the United States

7 then forming a part of the public debt,

8 except that where such average rate is

9 not a multiple of one-eighth of 1 percent

10 next lower than such average rate. Such

11 special obligations shall be issued only if

12 the Secretary of the Treasury determines

13 that the purchase of other interest-bear14 ing obligations of the United States, or of

15 obligations guaranteed as to both prin16 cipal and interest by the United States on

17 original issue or at the market price, is

18 not in the public interest.

19 ‘‘(2) SALE OF OBLIGATION.—Any obliga20 tion acquired by the Trust Fund (except

21 special obligations issued exclusively to

22 the Trust Fund) may be sold by the Sec23 retary of the Treasury at the market

24 price, and such special obligations may

25 be redeemed at par plus accrued interest.
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1 ‘‘(3) CREDITS TO TRUST FUND.—The in2 terest on, and the proceeds from the sale

3 or redemption of, any obligations held in

4 the Trust Fund shall be credited to and

5 form a part of the Trust Fund.

6 ‘‘(4) REPORT TO CONGRESS.—It shall be

7 the duty of the Secretary of the Treasury

8 to hold the Trust Fund, and (after con9 sultation with the Attorney General) to

10 report to the Congress each year on the

11 financial condition and the results of the

12 operations of the Trust Fund during the

13 preceding fiscal year and on its expected

14 condition and operations during the next

15 fiscal year. Such report shall be printed

16 as both a House and a Senate document

17 of the session of the Congress to which

18 the report is made.

19 ‘‘(k) REIMBURSEMENT OF COST OF EMER20 GENCY MEDICAL SERVICES.—

21 ‘‘(1) IN GENERAL.—The Attorney Gen22 eral shall establish procedures for reim23 bursement of hospitals operated by a

24 State or by a unit of local government (or

25 corporation owned or controlled by the
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1 State or unit) for the reasonable cost of

2 providing emergency medical services (as

3 defined by the Attorney General in con4 sultation with the Secretary of Health

5 and Human Services) in the United

6 States to H–2B aliens for which payment

7 has not been otherwise reimbursed.

8 ‘‘(2) SOURCE OF FUNDS FOR REIMBURSE9 MENT.—Funds for reimbursement of hos10 pitals pursuant to paragraph (1) shall be

11 drawn—

12 ‘‘(A) first under subsection

13 (i)(4)(B), from amounts deposited in

14 the Trust Fund under subsection

15 (i)(2)(A)(ii) after reimbursement of

16 certain administrative expenses; and

17 ‘‘(B) then under subsection

18 (i)(3)(A), to the extent that funds de19 scribed in subparagraph (A) are in20 sufficient to meet valid claims, from

21 amounts deposited in the Trust Fund

22 under subsection (i)(2)(A)(i).

23 ‘‘(l) MISCELLANEOUS PROVISIONS.—

24 ‘‘(1) APPLICABILITY OF LABOR LAWS.—

25 Except as provided in paragraphs (2), (3),
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1 and (4), all Federal, State, and local labor

2 laws (including laws affecting migrant

3 farm workers) applicable to United States

4 workers shall also apply to H–2B aliens.

5 ‘‘(2) LIMITATION OF WRITTEN DISCLO6 SURE IMPOSED UPON RECRUITERS.—Any dis7 closure required of recruiters under sec8 tion 201(a) of the Migrant and Seasonal

9 Agricultural Worker Protection Act (29

10 U.S.C. 1821(a)) need not be given to H–2B

11 aliens prior to the time their visa is is12 sued permitted entry into the United

13 States.

14 ‘‘(3) EXEMPTION FROM FICA AND FUTA

15 TAXES.—The wages paid to H–2B aliens

16 shall be excluded from wages subject to

17 taxation under the Federal Unemploy18 ment Tax Act and under the Federal In19 surance Contributions Act.

20 ‘‘(4) INELIGIBILITY FOR CERTAIN PUBLIC

21 BENEFITS PROGRAMS.—

22 ‘‘(A) IN GENERAL.—Notwithstand23 ing any other provision of law and ex24 cept as provided in subparagraph (B),

25 any alien provided status as an H–2B
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1 alien shall not be eligible for any Fed2 eral or State or local means-tested

3 public benefit program.

4 ‘‘(B) EXCEPTIONS.—Subparagraph

5 (A) shall not apply to the following:

6 ‘‘(i) EMERGENCY MEDICAL SERV7 ICES.—The provision of emergency

8 medical services (as defined by

9 the Attorney General in consulta10 tion with the Secretary of Health

11 and Human Services).

12 ‘‘(ii) PUBLIC HEALTH IMMUNIZA13 TIONS.—Public health assistance

14 for immunizations with respect to

15 immunizable diseases and for

16 testing and treatment for commu17 nicable diseases.

18 ‘‘(iii) SHORT-TERM EMERGENCY

19 DISASTER RELIEF.—The provision

20 of non-cash, in-kind, short-term

21 emergency disaster relief.

22 ‘‘(m) CONSULTATION ON REGULATIONS.—

23 ‘‘(1) REGULATIONS OF THE SECRETARY.—

24 The Secretary shall consult with the Sec25 retary of Agriculture, and the Attorney
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1 General shall approve, all regulations

2 dealing with the approval of labor condi3 tion attestations for H–2B aliens or en4 forcement of the requirements for em5 ploying H–2B aliens under an approved

6 attestation.

7 ‘‘(2) REGULATIONS OF THE ATTORNEY

8 GENERAL.—The Attorney General shall

9 consult with the Secretary of Agriculture

10 on all regulations dealing with the ap11 proval of petitions for admission or ex12 tension of stay of H–2B aliens or the re13 quirements for employing H–2B aliens or

14 the enforcement of such requirements.

15 ‘‘(n) DEFINITIONS.—For the purpose of this

16 section:

17 ‘‘(1) AGRICULTURAL ASSOCIATION.—The

18 term ‘agricultural association’ means any

19 nonprofit or cooperative association of

20 farmers, growers, or ranchers incor21 porated or qualified under applicable

22 State law, which recruits, solicits, hires,

23 employs, furnishes, or transports any ag24 ricultural workers.
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1 ‘‘(2) AGRICULTURAL EMPLOYMENT.—The

2 term ‘agricultural employment’ means

3 any service or activity included within

4 the provisions of section 3(f) of the Fair

5 Labor Standards Act of 1938 (29 U.S.C.

6 203(f)) or section 3121(g) of the Internal

7 Revenue Code of 1986 and the handling,

8 planting, drying, packing, packaging,

9 processing, freezing, or grading prior to

10 delivery for storage of any agricultural or

11 horticultural commodity in its unmanu12 factured state.

13 ‘‘(3) EMPLOYER.—The term ‘employer’

14 means any person or entity, including

15 any independent contractor and any agri16 cultural association, that employs work17 ers.

18 ‘‘(4) H–2B ALIEN.—The term ‘H–2B

19 alien’ means an alien admitted to the

20 United States or provided status as a

21 nonimmigrant under section

22 101(a)(15)(H)(ii)(b).

23 ‘‘(5) QUALIFIED STATE EMPLOYMENT SE24 CURITY AGENCY.—The term ‘qualified State

25 employment security agency’ means a
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1 State employment security agency in a

2 State in which the Secretary has deter3 mined that the State operates a job serv4 ice that actively seeks to match agricul5 tural workers with jobs and participates

6 in a multi-State job service program in

7 States where significant supplies of farm

8 labor exist.

9 ‘‘(6) SECRETARY.—The term ‘Secretary’

10 means the Secretary of Labor.

11 ‘‘(7) UNITED STATES WORKER.—The

12 term ‘United States worker’ means any

13 worker, whether a United States citizen,

14 a United States national, or an alien, who

15 is legally permitted to work in the job op16 portunity within the United States other

17 than aliens admitted pursuant to this sec18 tion.’’

19 (b) CLERICAL AMENDMENT.—The table of

20 contents is amended by inserting after the

21 item relating to section 218 the following new

22 item:

‘‘Sec. 218A. Alternative agricultural worker program.’’.
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1 SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION

2 AND NATIONALITY ACT; TABLE OF CONTENTS.

3 (a) SHORT TITLE.—This Act may be cited as the ‘‘Im4 migration in the National Interest Act of 1995’’.

5 (b) AMENDMENTS TO IMMIGRATION AND NATIONALITY

6 ACT.—Except as otherwise specifically provided—

7 (1) whenever in this Act an amendment or re8 peal is expressed as the amendment or repeal of a sec9 tion or other provision, the reference shall be consid10 ered to be made to that section or provision in the

11 Immigration and Nationality Act, and

12 (2) amendments to a section or other provision

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

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

15 amendment made to such section or other provision

16 elsewhere in this Act.

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

18 this Act is as follows:

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

TITLE I—DETERRENCE OF ILLEGAL IMMIGRATION

THROUGH IMPROVED BORDER ENFORCEMENT, PILOT

PROGRAMS, AND INTERIOR ENFORCEMENT

Subtitle A—Improved Enforcement at Border

Sec. 101. Border patrol agents and support personnel.

Sec. 102. Improvement of barriers at border.

Sec. 103. Improved border equipment and technology.

Sec. 104. Improvement in border crossing identification card.

Sec. 105. Civil penalties for illegal entry.

Sec. 106. Prosecution of aliens repeatedly reentering the United States unlawfully.

Sec. 107. Inservice training for the border patrol.
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Subtitle B—Pilot Programs

Sec. 111. Pilot program on interior repatriation.

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

Sec. 113. Pilot program to collect records of departing passengers.

Subtitle C—Interior Enforcement

Sec. 121. Increase in personnel for interior enforcement.

TITLE II—ENHANCED ENFORCEMENT AND PENALTIES

AGAINST ALIEN SMUGGLING; DOCUMENT FRAUD

Subtitle A—Enhanced Enforcement and Penalties Against

Alien Smuggling

Sec. 201. Wiretap authority for alien smuggling investigations.

Sec. 202. Racketeering offenses relating to alien smuggling.

Sec. 203. Increased criminal penalties for alien smuggling.

Sec. 204. Increased number of Assistant United States Attorneys.

Sec. 205. Undercover investigation authority.

Subtitle B—Deterrence of Document Fraud

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

documents.

Sec. 212. New civil penalties for document fraud.

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

immigration documents without authorization.

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

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

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

contain reasonable basis in law or fact.

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

Subtitle C—Asset Forfeiture for Passport and Visa Offenses

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

Sec. 222. Subpoenas for bank records.

Sec. 223. Effective date.

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

Subtitle A—Revision of Procedures for Removal of Aliens

Sec. 300. Overview of changes in removal procedures.

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

not admitted.

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

referral for hearing (revised section 235).

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

(revised section 236).

Sec. 304. Removal proceedings; cancellation of removal and adjustment of status;

voluntary departure (revised and new sections 239 to 240C).
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Sec. 305. Detention and removal of aliens ordered removed (new section 241).

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

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

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

Sec. 309. Effective dates; transition.

Subtitle B—Removal of Alien Terrorists

PART 1—REMOVAL PROCEDURES FOR ALIEN TERRORISTS

Sec. 321. Removal procedures for alien terrorists.

‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR ALIEN

TERRORISTS

‘‘Sec. 501. Definitions.

‘‘Sec. 502. Establishment of special removal court; panel of attorneys to assist with classified information.

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

‘‘Sec. 504. Consideration of application.

‘‘Sec. 505. Special removal hearings.

‘‘Sec. 506. Consideration of classified information.

‘‘Sec. 507. Appeals.

‘‘Sec. 508. Detention and custody.’’

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

PART 2—INADMISSIBILITY AND DENIAL OF RELIEF FOR ALIEN TERRORISTS

Sec. 331. Membership in terrorist organization as ground of inadmissibility.

Sec. 332. Denial of relief for alien terrorists.

Subtitle C—Deterring Transportation of Unlawful Aliens to the

United States

Sec. 341. Definition of stowaway.

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

Subtitle D—Additional Provisions

Sec. 351. Definition of conviction.

Sec. 352. Immigration judges and compensation.

Sec. 353. Rescission of lawful permanent resident status.

Sec. 354. Civil penalties for failure to depart.

Sec. 355. Clarification of district court jurisdiction.

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

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

and visa fraud.

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

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

Sec. 360. Prisoner transfer treaties.

Sec. 361. Criminal alien identification system.

Sec. 362. Waiver of exclusion and deportation ground for certain section 274C

violators.

Sec. 363. Authorizing registration of aliens on criminal probation or criminal

parole.

Sec. 364. Confidentiality provision for certain alien battered spouses and children.
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TITLE IV—ENFORCEMENT OF RESTRICTIONS AGAINST

EMPLOYMENT

Sec. 401. Strengthened enforcement of the employer sanctions provisions.

Sec. 402. Strengthened enforcement of wage and hour laws.

Sec. 403. Changes in the employer sanctions program.

Sec. 404. Reports on earnings of aliens not authorized to work.

Sec. 405. Authorizing maintenance of certain information on aliens.

Sec. 406. Limiting liability for certain technical violations of paperwork requirements.

Sec. 407. Unfair immigration-related employment practices.

TITLE V—REFORM OF LEGAL IMMIGRATION SYSTEM

Sec. 500. Overview of new legal immigration system.

Subtitle A—Worldwide Numerical Limits

Sec. 501. Worldwide numerical limitation on family-sponsored immigrants.

Sec. 502. Worldwide numerical limitation on employment-based immigrants.

Sec. 503. Worldwide numerical limitation on diversity immigrants.

Sec. 504. Establishment of numerical limitation on humanitarian immigrants.

Sec. 505. Requiring congressional review and reauthorization of worldwide levels

every 5 years.

Subtitle B—Changes in Preference System

Sec. 511. Limitation of immediate relatives to spouses and children.

Sec. 512. Change in family-sponsored classification.

Sec. 513. Change in employment-based classification.

Sec. 514. Changes in diversity immigrant program.

Sec. 515. Authorization to require periodic confirmation of classification petitions.

Sec. 516. Changes in special immigrant status.

Sec. 517. Requirements for removal of conditional status of entrepreneurs.

Sec. 518. Adult disabled children.

Sec. 519. Miscellaneous conforming amendments.

Subtitle C—Refugees, Parole, and Humanitarian Admissions

Sec. 521. Changes in refugee annual admissions.

Sec. 522. Persecution for resistance to coercive population control methods.

Sec. 523. Parole available only on a case-by-case basis for humanitarian reasons

or significant public benefit.

Sec. 524. Admission of humanitarian immigrants.

Subtitle D—Asylum Reform

Sec. 531. Asylum reform.

Sec. 532. Fixing numerical adjustments for asylees at 10,000 each year.

Sec. 533. Increased resources for reducing asylum application backlogs.

Subtitle E—General Effective Date; Transition Provisions

Sec. 551. General effective date.

Sec. 552. General transition for current classification petitions.

Sec. 553. Special transition for certain backlogged spouses and children of lawful

permanent resident aliens.
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Sec. 554. Special treatment of certain disadvantaged family first preference immigrants.

Sec. 555. Authorization of reimbursement of petitioners for eliminated familysponsored categories.

TITLE VI—RESTRICTIONS ON BENEFITS FOR ALIENS

Sec. 600. Statements of national policy concerning welfare and immigration.

Subtitle A—Eligibility of Illegal Aliens for Public Benefits

PART 1—PUBLIC BENEFITS GENERALLY

Sec. 601. Making illegal aliens ineligible for public assistance, contracts, and licenses.

Sec. 602. Making unauthorized aliens ineligible for unemployment benefits.

Sec. 603. General exceptions.

Sec. 604. Treatment of expenses subject to emergency medical services exception.

Sec. 605. Report on disqualification of illegal aliens from housing assistance programs.

Sec. 606. Verification of student eligibility for postsecondary Federal student financial assistance.

Sec. 607. Payment of public assistance benefits.

Sec. 608. Definitions.

Sec. 609. Regulations and effective dates.

PART 2—EARNED INCOME TAX CREDIT

Sec. 611. Earned income tax credit denied to individuals not authorized to be employed in the United States.

Subtitle B—Expansion of Disqualification From Immigration

Benefits on the Basis of Public Charge

Sec. 621. Ground for inadmissibility.

Sec. 622. Ground for deportability.

Subtitle C—Attribution of Income and Affidavits of Support

Sec. 631. Attribution of sponsor’s income and resources to family-sponsored immigrants.

Sec. 632. Requirements for sponsor’s affidavit of support.

TITLE VII—FACILITATION OF LEGAL ENTRY

Sec. 701. Additional land border inspectors; infrastructure improvements.

Sec. 702. Commuter lane pilot programs.

Sec. 703. Preinspection at foreign airports.

Sec. 704. Training of airline personnel in detection of fraudulent documents.

TITLE VIII—MISCELLANEOUS PROVISIONS

Subtitle A—Amendments to the Immigration and Nationality

Act

Sec. 801. Nonimmigrant status for spouses and children of members of the Armed

Services.

Sec. 802. Amended definition of aggravated felony.

Sec. 803. Authority to determine visa processing procedures.
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Sec. 804. Waiver authority concerning notice of denial of application for visas.

Sec. 805. Treatment of Canadian landed immigrants.

Sec. 806. Changes relating to H–1B nonimmigrants.

Sec. 807. Validity of period of visas.

Sec. 808. Limitation on adjustment of status of individuals not lawfully present

in the United States.

Sec. 809. Limited access to certain confidential INS files.

Sec. 810. Change of nonimmigrant classification.

Subtitle B—Other Provisions

Sec. 831. Commission report on fraud associated with birth certificates.

Sec. 832. Uniform vital statistics.

Sec. 833. Communication between State and local government agencies, and the

Immigration and Naturalization Service.

Sec. 834. Criminal alien reimbursement costs.

Sec. 835. Female genital mutilation.

Sec. 836. Designation of Portugal as a visa waiver pilot program country with

probationary status.

Subtitle C—Technical Corrections

Sec. 851. Miscellaneous technical corrections.

1 TITLE I—DETERRENCE OF ILLE2 GAL IMMIGRATION THROUGH

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

7 Subtitle A—Improved Enforcement

8 at Border

9 SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSON10 NEL.

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

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

2 positions as of September 30, 1994.

3 (b) INCREASE IN SUPPORT PERSONNEL.—The number

4 of full-time support positions for personnel in support of

5 border enforcement, investigation, detention and deporta6 tion, intelligence, information and records, legal proceed7 ings, and management and administration in the Immigra8 tion and Naturalization Service shall be increased, begin9 ning with fiscal year 1996, by 800 positions above the num10 ber of equivalent positions as of September 30, 1994.

11 (c) DEPLOYMENT OF NEW BORDER PATROL

12 AGENTS.—The Attorney General shall, to the maximum ex13 tent practicable, ensure that the border patrol agents hired

14 pursuant to subsection (a) shall—

15 (1) be deployed among the various Immigration

16 and Naturalization Service sectors in proportion to

17 the level of illegal crossing of the borders of the United

18 States measured in each sector during the preceding

19 fiscal year and reasonably anticipated in the next fis20 cal year, and

21 (2) be actively engaged in law enforcement ac22 tivities related to such illegal crossings.

23 SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.

24 (a) IN GENERAL.—The Attorney General, in consulta25 tion with the Commissioner of the Immigration and Natu-
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1 ralization Service, shall take such actions as may be nec2 essary to install additional physical barriers and roads (in3 cluding the removal of obstacles to detection of illegal en4 trants) in the vicinity of the United States border to deter

5 illegal crossings in areas of high illegal entry into the

6 United States.

7 (b) CONSTRUCTION OF FENCING AND ROAD IMPROVE8 MENTS IN THE BORDER AREA NEAR SAN DIEGO, CALIFOR9 NIA.—

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

11 (a), the Attorney General shall provide for the con12 struction along the 14 miles of the international land

13 border of the United States, starting at the Pacific

14 Ocean and extending eastward, of second and third

15 fences, in addition to the existing reinforced fence,

16 and for roads between the fences.

17 (2) PROMPT ACQUISITION OF NECESSARY EASE18 MENTS.—The Attorney General shall promptly ac19 quire such easements as may be necessary to carry

20 out this subsection and shall commence construction

21 of fences immediately following such acquisition (or

22 conclusion of portions thereof).

23 (3) AUTHORIZATION OF APPROPRIATIONS.—

24 There are authorized to be appropriated to carry out

25 this subsection not to exceed $12,000,000. Amounts
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1 appropriated under this paragraph are authorized to

2 remain available until expended.

3 (c) WAIVER.—The provisions of the Endangered Spe4 cies Act of 1973 are waived to the extent the Attorney Gen5 eral determines necessary to assure expeditious construction

6 of the barriers and roads under this section.

7 (d) FORWARD DEPLOYMENT.—

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

9 forward deploy existing border patrol agents in those

10 areas of the border identified as areas of high illegal

11 entry into the United States in order to provide a

12 uniform and visible deterrent to illegal entry on a

13 continuing basis.

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

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

16 General shall submit to the appropriate committees of

17 Congress a report on the progress and effectiveness of

18 such forward deployments.

19 SEC. 103. IMPROVED BORDER EQUIPMENT AND TECH20 NOLOGY.

21 The Attorney General is authorized to acquire and uti22 lize, for the purpose of detection, interdiction, and reduction

23 of illegal immigration into the United States, any Federal

24 equipment (including fixed wing aircraft, helicopters, four25 wheel drive vehicles, sedans, night vision goggles, night vi-
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1 sion scopes, and sensor units) determined available for

2 transfer by any other agency of the Federal Government

3 upon request of the Attorney General.

4 SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTI5 FICATION CARD.

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

7 1101(a)(6)) is amended by adding at the end the following:

8 ‘‘Such regulations shall provide that (A) each such docu9 ment include a biometric identifier (such as the fingerprint

10 or handprint of the alien) that is machine readable and

11 (B) an alien presenting a border crossing identification

12 card is not permitted to cross over the border into the

13 United States unless the biometric identifier contained on

14 the card matches the appropriate biometric characteristic

15 of the alien.’’.

16 (b) EFFECTIVE DATES.—

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

18 amendment made by subsection (a) shall apply to

19 documents issued on or after 6 months after the date

20 of the enactment of this Act.

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

22 cards presented on or after 3 years after the date of

23 the enactment of this Act.

24 (c) REPORT.—Not later than one year after the imple25 mentation of clause (A) of the sentence added by the amend-
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1 ment made by subsection (a) the Attorney General shall sub2 mit to Congress a report on the impact of such clause on

3 border crossing activities.

4 SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.

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

6 amended—

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

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

9 (2) by inserting after subsection (a) the following

10 new subsection:

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

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

13 other than as designated by immigration officers shall be

14 subject to a civil penalty of—

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

16 each such entry (or attempted entry), or

17 ‘‘(2) twice the amount specified in paragraph (1)

18 in the case of an alien who has been previously sub19 ject to a civil penalty under this subsection.

20 Civil penalties under this subsection are in addition to, and

21 not in lieu of, any criminal or other civil penalties that

22 may be imposed.’’.

23 (b) EFFECTIVE DATE.—The amendments made by sub24 section (a) shall apply to illegal entries or attempts to enter
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1 occurring on or after the first day of the sixth month begin2 ning after the date of the enactment of this Act.

3 SEC. 106. PROSECUTION OF ALIENS REPEATEDLY REENTER4 ING THE UNITED STATES UNLAWFULLY.

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There are

6 authorized to be appropriated to the Attorney General such

7 sums as may be necessary to provide for detention and pros8 ecution of each alien who commits an act that constitutes

9 a violation of section 275(a) of the Immigration and Na10 tionality Act if the alien has committed such an act on two

11 previous occasions. Funds appropriated pursuant to this

12 subsection are authorized to remain available until ex13 pended.

14 (b) SENSE OF CONGRESS.—It is the sense of Congress

15 that the Attorney General should use available resources to

16 assure detention and prosecution of aliens in the cases de17 scribed in subsection (a).

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

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

20 amended by adding at the end the following new subsection:

21 ‘‘(e)(1) The Attorney General shall continue to provide

22 for such programs (including intensive language training

23 programs) of inservice training for full-time and part-time

24 personnel of the Border Patrol in contact with the public

25 as will familiarize the personnel with the rights and varied
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1 cultural backgrounds of aliens and citizens in order to en2 sure and safeguard the constitutional and civil rights, per3 sonal safety, and human dignity of all individuals, aliens

4 as well as citizens, within the jurisdiction of the United

5 States with whom such personnel have contact in their

6 work.

7 ‘‘(2) The Attorney General shall provide that the an8 nual report of the Service include a description of steps

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

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

11 authorized to be appropriated to the Attorney General such

12 sums as may be necessary for fiscal year 1996 to carry out

13 the inservice training described in section 103(e)(1) of the

14 Immigration and Nationality Act. The funds appropriated

15 pursuant to this subsection are authorized to remain avail16 able until expended.

17 Subtitle B—Pilot Programs

18 SEC. 111. PILOT PROGRAM ON INTERIOR REPATRIATION.

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

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

21 after consultation with the Secretary of State, shall estab22 lish a pilot program for up to 2 years which provides for

23 methods to deter multiple illegal entries by aliens into the

24 United States. The pilot program may include the develop25 ment and use of interior repatriation, third country repa-
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1 triation, and other disincentives for multiple illegal entries

2 into the United States.

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

4 of the enactment of this Act, the Attorney General, together

5 with the Secretary of State, shall submit a report to the

6 Committees on the Judiciary of the House of Representa7 tives and of the Senate on the operation of the pilot pro8 gram under this section and whether the pilot program or

9 any part thereof should be extended or made permanent.

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

11 BASES FOR THE DETENTION OF INADMIS12 SIBLE OR DEPORTABLE ALIENS.

13 (a) ESTABLISHMENT.—The Attorney General and the

14 Secretary of Defense shall establish one or more pilot pro15 grams for up to 2 years each to determine the feasibility

16 of the use of military bases available because of actions

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

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

20 of the enactment of this Act, the Attorney General, together

21 with the Secretary of State, shall submit a report to the

22 Committees on the Judiciary of the House of Representa23 tives and of the Senate, and the Committees on Armed Serv24 ices of the House of Representatives and of the Senate, on

25 the feasibility of using military bases closed under a base
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1 closure law as detention centers by the Immigration and

2 Naturalization Service.

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

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

5 (1) The Defense Base Closure and Realignment

6 Act of 1990 (part A of title XXIX of Public Law 101–

7 510; 10 U.S.C. 2687 note).

8 (2) Title II of the Defense Authorization Amend9 ments and Base Closure and Realignment Act (Public

10 Law 100–526; 10 U.S.C. 2687 note).

11 (3) Section 2687 of title 10, United States Code.

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

13 of the enactment of this Act.

14 SEC. 113. PILOT PROGRAM TO COLLECT RECORDS OF DE15 PARTING PASSENGERS.

16 (a) ESTABLISHMENT.—The Commissioner of the Im17 migration and Naturalization Service shall, within 180

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

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

20 record of departure for every alien departing the United

21 States and match the records of departure with the record

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

23 shall be operated in as many air ports of entry as is deemed

24 appropriate, but at no less than 3 of the 5 air ports of entry
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1 with the heaviest volume of incoming traffic from foreign

2 territories.

3 (b) REPORT.—

4 (1) DEADLINE.—The Commissioner shall submit

5 a report to Congress not later than 2 years after the

6 date the pilot program is implemented under sub7 section (a).

8 (2) INFORMATION.—The report shall include the

9 following information for each participating port of

10 entry:

11 (A) The number of departure records col12 lected, with an accounting by country of nation13 ality of the departing alien.

14 (B) The number of departure records that

15 were successfully matched to records of the alien’s

16 prior arrival in the United States, with an ac17 counting by the alien’s country of nationality

18 and by the alien’s classification as an immi19 grant or nonimmigrant.

20 (C) The number of aliens who arrived at the

21 port of entry as nonimmigrants, or as a visitor

22 under the visa waiver program under section

23 217 of the Immigration and Nationality Act, for

24 whom no matching departure record has been ob25 tained through the pilot program or through
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1 other means, with an accounting by the alien’s

2 country of nationality and date of arrival in the

3 United States.

4 (D) The estimated cost of establishing a na5 tional system to verify the departure from the

6 United States of aliens admitted temporarily as

7 nonimmigrants.

8 (3) RECOMMENDATIONS.—The report also shall

9 include specific recommendations for implementation

10 of the pilot program on a permanent basis.

11 (c) USE OF INFORMATION ON VISA OVERSTAYS.—In12 formation on instances of visa overstay identified through

13 the pilot program shall be integrated into appropriate data

14 bases of the Immigration and Naturalization Service and

15 the Department of State, including those used at ports of

16 entry and at consular offices.

17 Subtitle C—Interior Enforcement

18 SEC. 121. INCREASE IN PERSONNEL FOR INTERIOR EN19 FORCEMENT.

20 Subject to the availability of appropriations, the Attor21 ney General shall provide for an increase in the number

22 of investigators and enforcement personnel of the Immigra23 tion and Naturalization Service who are deployed in the

24 interior so that the number of such personnel is adequate
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1 properly to investigate violations of, and to enforce, immi2 gration laws.

3 TITLE II—ENHANCED ENFORCE4 MENT AND PENALTIES

5 AGAINST ALIEN SMUGGLING;

6 DOCUMENT FRAUD

7 Subtitle A—Enhanced Enforcement

8 and Penalties Against Alien

9 Smuggling

10 SEC. 201. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN11 VESTIGATIONS.

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

13 amended—

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

15 (n),

16 (2) by redesignating paragraph (o) as paragraph

17 (p), and

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

20 ‘‘(o)(1) a felony violation of section 1028 (relat21 ing to production of false identification documenta22 tion), section 1541 (relating to passport issuance

23 without authority), section 1542 (relating to false

24 statements in passport applications), section 1543

25 (relating to forgery or false use of passport), section
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1 1544 (relating to misuse of passport), section 1546

2 (relating to fraud or misuse of visas, permits, or other

3 documents) of this title; or

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

5 Immigration and Nationality Act (relating to the

6 smuggling of aliens); or’’.

7 SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN

8 SMUGGLING.

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

10 amended—

11 (1) by inserting ‘‘section 1028 (relating to fraud

12 and related activity in connection with identification

13 documents),’’ before ‘‘section 1029’’;

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

15 statement in application and use of passport), section

16 1543 (relating to forgery or false use of passport), sec17 tion 1544 (relating to misuse of passport), section

18 1546 (relating to fraud and misuse of visas, permits,

19 and other documents), sections 1581–1588 (relating to

20 peonage and slavery),’’ after ‘‘section 1513 (relating

21 to retaliating against a witness, victim, or an inform22 ant),’’;

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

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

25 following: ‘‘, or (F) any act which is indictable under
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1 the Immigration and Nationality Act, section 274

2 (relating to bringing in and harboring certain

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

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

5 278 (relating to importation of alien for immoral

6 purpose)’’.

7 SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN

8 SMUGGLING.

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

10 1324(a)(1)) is amended—

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

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

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

14 of commercial advantage or private financial gain’’

15 after ‘‘subparagraph (A)(i)’’, and

16 (2) by adding at the end the following new sub17 paragraph:

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

19 commit, or aids or abets the commission of, any of the acts

20 described in—

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

22 title 18, United States Code, imprisoned not more

23 than 10 years, or both; or
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1 ‘‘(ii) clause (ii), (iii), or (iv) of subparagraph

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

3 imprisoned not more than 5 years, or both.’’.

4 (b) SMUGGLING OF ALIENS WHO WILL COMMIT

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

6 amended—

7 (1) in subparagraph (B)—

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

9 (ii),

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

11 (iii), and

12 (C) by inserting after clause (iii) the follow13 ing:

14 ‘‘(iv) an offense committed with the in15 tent or with reason to believe that the alien

16 unlawfully brought into the United States

17 will commit an offense against the United

18 States or any State punishable by impris19 onment for more than 1 year,’’; and

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

21 through the final period at the end and inserting the

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

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

24 or more than 10 years.’’.
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1 (c) APPLYING CERTAIN PENALTIES ON A PER ALIEN

2 BASIS.—Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is amend3 ed by striking ‘‘for each transaction constituting a violation

4 of this paragraph, regardless of the number of aliens in5 volved’’ and inserting ‘‘for each alien in respect to whom

6 a violation of this paragraph occurs’’.

7 SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED

8 STATES ATTORNEYS.

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

10 States Attorneys employed by the Department of Justice for

11 the fiscal year 1996 shall be increased by 25 above the num12 ber of Assistant United States Attorneys that were author13 ized to be employed as of September 30, 1994.

14 (b) ASSIGNMENT.—Individuals employed to fill the ad15 ditional positions described in subsection (a) shall be spe16 cially trained to be used for the prosecution of persons who

17 bring into the United States or harbor illegal aliens, fraud,

18 and other criminal statutes involving illegal aliens.

19 SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.

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

21 the end the following new section:

22 ‘‘UNDERCOVER INVESTIGATION AUTHORITY

23 ‘‘SEC. 294. (a) IN GENERAL.—With respect to any un24 dercover investigative operation of the Service which is nec25 essary for the detection and prosecution of crimes against

26 the United States—
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1 ‘‘(1) sums appropriated for the Service may be

2 used for leasing space within the United States and

3 the territories and possessions of the United States

4 without regard to the following provisions of law:

5 ‘‘(A) section 3679(a) of the Revised Statutes

6 (31 U.S.C. 1341),

7 ‘‘(B) section 3732(a) of the Revised Statutes

8 (41 U.S.C. 11(a)),

9 ‘‘(C) section 305 of the Act of June 30, 1949

10 (63 Stat. 396; 41 U.S.C. 255),

11 ‘‘(D) the third undesignated paragraph

12 under the heading ‘Miscellaneous’ of the Act of

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

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

15 (31 U.S.C. 3324),

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

17 (41 U.S.C. 22), and

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

19 of the Federal Property and Administrative

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

21 254 (a) and (c));

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

23 used to establish or to acquire proprietary corpora24 tions or business entities as part of an undercover op25 eration, and to operate such corporations or business
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1 entities on a commercial basis, without regard to the

2 provisions of section 304 of the Government Corpora3 tion Control Act (31 U.S.C. 9102);

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

5 proceeds from the undercover operation, may be de6 posited in banks or other financial institutions with7 out regard to the provisions of section 648 of title 18,

8 United States Code, and of section 3639 of the Re9 vised Statutes (31 U.S.C. 3302); and

10 ‘‘(4) the proceeds from the undercover operation

11 may be used to offset necessary and reasonable ex12 penses incurred in such operation without regard to

13 the provisions of section 3617 of the Revised Statutes

14 (31 U.S.C. 3302).

15 The authority set forth in this subsection may be exercised

16 only upon written certification of the Commissioner, in

17 consultation with the Deputy Attorney General, that any

18 action authorized by paragraph (1), (2), (3), or (4) is nec19 essary for the conduct of the undercover operation.

20 ‘‘(b) DISPOSITION OF PROCEEDS NO LONGER RE21 QUIRED.—As soon as practicable after the proceeds from an

22 undercover investigative operation, carried out under para23 graphs (3) and (4) of subsection (a), are no longer necessary

24 for the conduct of the operation, the proceeds or the balance
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1 of the proceeds remaining at the time shall be deposited into

2 the Treasury of the United States as miscellaneous receipts.

3 ‘‘(c) DISPOSITION OF CERTAIN CORPORATIONS AND

4 BUSINESS ENTITIES.—If a corporation or business entity

5 established or acquired as part of an undercover operation

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

7 over $50,000 is to be liquidated, sold, or otherwise disposed

8 of, the Service, as much in advance as the Commissioner

9 or Commissioner’s designee determines practicable, shall re10 port the circumstances to the Attorney General, the Director

11 of the Office of Management and Budget, and the Comptrol12 ler General. The proceeds of the liquidation, sale, or other

13 disposition, after obligations are met, shall be deposited in

14 the Treasury of the United States as miscellaneous receipts.

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

16 detailed financial audits of closed undercover operations on

17 a quarterly basis and shall report the results of the audits

18 in writing to the Deputy Attorney General.’’.

19 (b) CLERICAL AMENDMENT.—The table of contents is

20 amended by inserting after the item relating to section 293

21 the following:

‘‘Sec. 294. Undercover investigation authority.’’.
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1 Subtitle B—Deterrence of Document

2 Fraud

3 SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDU4 LENT USE OF GOVERNMENT-ISSUED DOCU5 MENTS.

6 (a) FRAUD AND MISUSE OF GOVERNMENT-ISSUED

7 IDENTIFICATION DOCUMENTS.—Section 1028(b) of title 18,

8 United States Code, is amended—

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

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

11 by striking ‘‘five years’’ and inserting ‘‘15 years’’;

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

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

14 by striking ‘‘and’’ at the end;

15 (3) by redesignating paragraph (3) as para16 graph (5); and

17 (4) by inserting after paragraph (2) the follow18 ing new paragraphs:

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

20 not more than 20 years, or both, if the offense is com21 mitted to facilitate a drug trafficking crime (as de22 fined in section 929(a)(2) of this title);

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

24 not more than 25 years, or both, if the offense is com-
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1 mitted to facilitate an act of international terrorism

2 (as defined in section 2331(1) of this title); and’’.

3 (b) CHANGES TO THE SENTENCING LEVELS.—Pursu4 ant to section 944 of title 28, United States Code, and sec5 tion 21 of the Sentencing Act of 1987, the United States

6 Sentencing Commission shall promulgate guidelines, or

7 amend existing guidelines, relating to defendants convicted

8 of violating, or conspiring to violate, sections 1546(a) and

9 1028(a) of title 18, United States Code. The basic offense

10 level under section 2L2.1 of the United States Sentencing

11 Guidelines shall be increased to—

12 (1) not less than offense level 15 if the offense in13 volves 100 or more documents;

14 (2) not less than offense level 20 if the offense in15 volves 1,000 or more documents, or if the documents

16 were used to facilitate any other criminal activity de17 scribed in section 212(a)(2)(A)(i)(II) of the Immigra18 tion and Nationality Act (8 U.S.C. 1182(a)(A)(i)(II))

19 or in section 101(a)(43) of such Act; and

20 (3) not less than offense level 25 if the offense in21 volves—

22 (A) the provision of documents to a person

23 known or suspected of engaging in a terrorist ac24 tivity (as such terms are defined in section
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1 212(a)(3)(B) of the Immigration and National2 ity Act (8 U.S.C. 1182(a)(3)(B));

3 (B) the provision of documents to facilitate

4 a terrorist activity or to assist a person to en5 gage in terrorist activity (as such terms are de6 fined in section 212(a)(3)(B) of the Immigration

7 and Nationality Act (8 U.S.C. 1182(a)(3)(B));

8 or

9 (C) the provision of documents to persons

10 involved in racketeering enterprises (described in

11 section 1952(a) of title 18, United States Code).

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

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

14 U.S.C. 1324c(a)) is amended—

15 (1) by striking ‘‘or’’ at the end of paragraph (3);

16 (2) by striking the period at the end of para17 graph (4) and inserting ‘‘, or’’; and

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

19 ‘‘(5) in reckless disregard of the fact that the in20 formation is false or does not relate to the applicant,

21 to prepare, to file, or to assist another in preparing

22 or filing, documents which are falsely made for the

23 purpose of satisfying a requirement of this Act.

24 For purposes of this section, the term ‘falsely made’ in25 cludes, with respect to a document or application, the prep-
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1 aration or provision of the document or application with

2 knowledge or in reckless disregard of the fact that such docu3 ment contains a false, fictitious, or fraudulent statement or

4 material representation, or has no basis in law or fact, or

5 otherwise fails to state a material fact pertaining to the

6 document or application.’’.

7 (b) CONFORMING AMENDMENTS FOR CIVIL PEN8 ALTIES.—Section 274C(d)(3) (8 U.S.C. 1324c(d)(3)) is

9 amended by striking ‘‘each document used, accepted, or cre10 ated and each instance of use, acceptance, or creation’’ both

11 places it appears and inserting ‘‘each instance of a viola12 tion under subsection (a)’’.

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

14 subsection (a) shall apply to the preparation or filing of

15 documents, and assistance in such preparation or filing,

16 occurring on or after the date of the enactment of this Act.

17 (2) The amendment made by subsection (b) shall apply

18 to violations occurring on or after the date of the enactment

19 of this Act.
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1 SEC. 213. NEW CIVIL PENALTY FOR FAILURE TO PRESENT

2 DOCUMENTS AND FOR PREPARING IMMIGRA3 TION DOCUMENTS WITHOUT AUTHORIZA4 TION.

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

6 1324c(a)), as amended by section 212(a), is further amend7 ed—

8 (1) by striking ‘‘or’’ at the end of paragraph (4);

9 (2) by striking the period at the end of para10 graph (5) and inserting a comma; and

11 (3) by inserting after paragraph (5) the follow12 ing new paragraphs:

13 ‘‘(6) to present before boarding a common carrier

14 for the purpose of coming to the United States a docu15 ment which relates to the alien’s eligibility to enter

16 the United States and to fail to present such docu17 ment to an immigration officer upon arrival at a

18 United States port of entry, or

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

20 submission of immigration forms, petitions, and ap21 plications if the person or entity is not authorized to

22 represent aliens, or to prepare or assist in the prepa23 ration and submission of such forms, petitions, and

24 applications pursuant to regulations promulgated by

25 the Attorney General.’’; and

26 (4) by adding at the end the following:
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1 ‘‘The Attorney General may, in the discretion of the Attor2 ney General, waive the penalties of this section with respect

3 to an alien who knowingly violates paragraph (6) if the

4 alien is granted asylum under section 208 or withholding

5 of deportation under section 243(h).’’.

6 (b) EFFECTIVE DATE.—The amendments made by sub7 section (a) shall apply to individuals who board a common

8 carrier on or after 30 days after the date of the enactment

9 of this Act.

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

13 CERTAIN POST-CONVICTION APPLICATIONS.

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

15 at the end the following new subsection:

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

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

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

21 prepared or assisted in preparing an application for

22 asylum pursuant to section 208, or the regulations

23 promulgated thereunder, and the person knowingly

24 and willfully fails to disclose, conceals, or covers up
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1 such fact, and the application was falsely made, the

2 person shall—

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

4 more than 5 years, fined in accordance with title

5 18, United States Code, or both, and

6 ‘‘(B) be prohibited from preparing or assist7 ing in preparing, regardless of whether for a fee

8 or other remuneration, any other such applica9 tion for a period of at least 5 years and not

10 more than 15 years.

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

16 other remuneration, in violation of paragraph (1)(B)

17 shall be imprisoned for not less than 5 years or more

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

19 United States Code, or both, and prohibited from pre20 paring or assisting in preparing any other such ap21 plication.’’.
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1 SEC. 215. CRIMINAL PENALTY FOR KNOWINGLY PRESENT2 ING DOCUMENT WHICH FAILS TO CONTAIN

3 REASONABLE BASIS IN LAW OR FACT.

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

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

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

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

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

11 Section 1015 of title 18, United States Code, is amend12 ed—

13 (1) by striking the dash at the end of paragraph

14 (d) and inserting ‘‘; or’’, and

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

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

18 claim that he is, or at any time has been, a citizen or na19 tional of the United States, with the intent to obtain on

20 behalf of himself, or any other person, any Federal benefit

21 or service, or to engage unlawfully in employment in the

22 United States; or

23 ‘‘(f) Whoever knowingly makes any false statement or

24 claim that he is a citizen of the United States in order to

25 register to vote or to vote in any Federal, State, or local
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1 election (including an initiative, recall, or referen2 dum)—’’.

3 Subtitle C—Asset Forfeiture for

4 Passport and Visa Offenses

5 SEC. 221. CRIMINAL FORFEITURE FOR PASSPORT AND VISA

6 RELATED OFFENSES.

7 Section 982 of title 18, United States Code, is amend8 ed—

9 (1) in subsection (a), by inserting after para10 graph (5) the following new paragraph:

11 ‘‘(6) The court, in imposing sentence on a person con12 victed of a violation of, or conspiracy to violate, section

13 1541, 1542, 1543, 1544, or 1546 of this title, or a violation

14 of, or conspiracy to violate, section 1028 of this title if com15 mitted in connection with passport or visa issuance or use,

16 shall order that the person forfeit to the United States any

17 property, real or personal, which the person used, or in18 tended to be used, in committing, or facilitating the com19 mission of, the violation, and any property constituting, or

20 derived from, or traceable to, any proceeds the person ob21 tained, directly or indirectly, as a result of such violation.’’,

22 and

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

24 (a)(6)’’ after ‘‘(a)(2)’’.
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1 SEC. 222. SUBPOENAS FOR BANK RECORDS.

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

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

4 1546,’’ before ‘‘1956’’.

5 SEC. 223. EFFECTIVE DATE.

6 The amendments made by this subtitle shall take effect

7 on the first day of the first month that begins more than

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

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

12 INADMISSIBLE AND DEPORT13 ABLE ALIENS

14 Subtitle A—Revision of Procedures

15 for Removal of Aliens

16 SEC. 300. OVERVIEW OF CHANGES IN REMOVAL PROCE17 DURES.

18 This subtitle amends the provisions of the Immigration

19 and Nationality Act relating to procedures for inspection,

20 exclusion, and deportation of aliens so as to provide for the

21 following:

22 (1) EXPEDITED REMOVAL FOR UNDOCUMENTED

23 ALIENS.—Aliens arriving without valid documents

24 are subject to an expedited removal process, without

25 an evidentiary hearing and subject to strictly limited

26 judicial review.
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1 (2) NO REWARD FOR ILLEGAL ENTRANTS OR VISA

2 OVERSTAYERS.—Aliens who enter illegally or who

3 overstay the period of authorized admission will have

4 a greater burden of proof in removal proceedings and

5 will face tougher standards for most discretionary im6 migration benefits, such as suspension of removal and

7 work authorization.

8 (3) STRICTER STANDARDS TO ASSURE DETEN9 TION OF ALIENS.—There are more stringent standards

10 for the release of aliens (particularly aliens convicted

11 of aggravated felonies) during and after removal pro12 ceedings.

13 (4) SIMPLIFIED, SINGLE REMOVAL PROCEEDING

14 (IN PLACE OF SEPARATE EXCLUSION AND DEPORTA15 TION PROCEEDINGS).—The procedures for exclusion

16 and deportation are consolidated into a simpler, sin17 gle procedure for removal of inadmissible and deport18 able aliens.

19 (5) STREAMLINED JUDICIAL REVIEW.—Judicial

20 review is streamlined through removing a layer of re21 view in exclusion cases, shortening the time period to

22 file for review, and permitting the removal of inad23 missible aliens pending the review.

24 (6) INCREASED PENALTIES TO ASSURE REMOVAL

25 AND PREVENT FURTHER REENTRY.—Aliens who are
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1 ordered removed are subject to civil money penalties

2 for failure to depart on time and if they seek reentry

3 they are subject to immediate removal under the prior

4 order.

5 (7) PROTECTION OF APPLICANTS FOR ASYLUM.—

6 Throughout the process, the procedures protect those

7 aliens who present credible claims for asylum by giv8 ing them an opportunity for a full hearing on their

9 claims.

10 (8) REORGANIZATION.—The provisions of the Act

11 are reorganized to provide a more logical progression

12 from arrival and inspection through proceedings and

13 removal.

14 SEC. 301. TREATING PERSONS PRESENT IN THE UNITED

15 STATES WITHOUT AUTHORIZATION AS NOT

16 ADMITTED.

17 (a) ‘‘ADMISSION’’ DEFINED.—Paragraph (13) of sec18 tion 101(a) (8 U.S.C. 1101(a)) is amended to read as fol19 lows:

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

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

22 United States after inspection and authorization by an im23 migration officer.
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1 ‘‘(B) An alien who is paroled under section 212(d)(5)

2 or permitted to land temporarily as an alien crewman shall

3 not be considered to have been admitted.

4 ‘‘(C) An alien lawfully admitted for permanent resi5 dence in the United States shall not be regarded as seeking

6 an admission into the United States for purposes of the im7 migration laws unless the alien—

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

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

10 departed the United States,

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

12 under legal process seeking removal of the alien from

13 the United States, including removal proceedings

14 under this Act and extradition proceedings,

15 ‘‘(iv) has been convicted of an aggravated felony,

16 unless since such conviction the alien has been grant17 ed relief under section 240A(a), or

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

19 other than as designated by immigration officers or

20 has not been admitted to the United States after in21 spection and authorization by an immigration offi22 cer.’’.

23 (b) INADMISSIBILITY OF ALIENS PRESENT WITHOUT

24 ADMISSION OR PAROLE.—
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1 (1) IN GENERAL.—Section 212(a) (8 U.S.C.

2 1182(a)) is amended by redesignating paragraph (9)

3 as paragraph (10) and by inserting after paragraph

4 (8) the following new paragraph:

5 ‘‘(9) PRESENT WITHOUT ADMISSION OR PA6 ROLE.—

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

8 United States without being admitted or paroled,

9 or who arrives in the United States at any time

10 or place other than as designated by the Attorney

11 General, is inadmissible.

12 ‘‘(B) EXCEPTION FOR CERTAIN BATTERED

13 WOMEN AND CHILDREN.—Subparagraph (A)

14 shall not apply to an alien who can demonstrate

15 that—

16 ‘‘(i) the alien qualifies for immigrant

17 status under subparagraphs (A)(iii),

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

19 204(a)(1),

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

21 subject to extreme cruelty by a spouse or

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

23 parent’s family residing in the same house24 hold as the alien and the spouse or parent

25 consented or acquiesced to such battery or
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1 cruelty, or (II) the alien’s child has been

2 battered or subject to extreme cruelty by a

3 spouse or parent of the alien (without the

4 active participation of the alien in the bat5 tery or extreme cruelty) or by a member of

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

7 the same household as the alien when the

8 spouse or parent consented to or acquiesced

9 in such battery or cruelty and the alien did

10 not actively participate in such battery or

11 cruelty, and

12 ‘‘(iii) there was a substantial connec13 tion between the battery or cruelty described

14 in subclause (I) or (II) and the alien’s un15 lawful entry into the United States.’’.

16 (2) TRANSITION FOR BATTERED SPOUSE OR

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

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

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

20 shall not apply to an alien who demonstrates that the

21 alien first arrived in the United States before the title

22 III–A effective date (described in section 309(a)).

23 (c) REVISION TO GROUND OF INADMISSIBILITY FOR IL24 LEGAL ENTRANTS AND IMMIGRATION VIOLATORS.—Sub-
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1 paragraphs (A) and (B) of section 212(a)(6) (8 U.S.C.

2 1182(a)(6)) are amended to read as follows:

3 ‘‘(A) ALIENS PREVIOUSLY REMOVED.—

4 ‘‘(i) ARRIVING ALIENS.—Any alien

5 who has been ordered removed under section

6 235(b)(1) or at the end of proceedings under

7 section 240 initiated upon the alien’s arriv8 al in the United States and who again seeks

9 admission within 5 years of the date of such

10 removal is inadmissible.

11 ‘‘(ii) OTHER ALIENS.—Any alien not

12 described in clause (i) who has been ordered

13 removed under section 240 or any other

14 provision of law and who again seeks ad15 mission within 10 years of the date of such

16 removal (or at any time in the case of an

17 alien convicted of an aggravated felony) is

18 inadmissible.

19 ‘‘(iii) EXCEPTION.—Clauses (i) and

20 (ii) shall not apply to an alien seeking ad21 mission within a period if, prior to the

22 alien’s reembarkation at a place outside the

23 United States or attempt to be admitted

24 from foreign contiguous territory, the Attor-
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1 ney General has consented to the alien’s

2 reapplying for admission.

3 ‘‘(B) ALIENS PRESENT UNLAWFULLY FOR

4 MORE THAN 1 YEAR.—

5 ‘‘(i) IN GENERAL.—Any alien who was

6 unlawfully present in the United States for

7 an aggregate period totaling 1 year is inad8 missible unless the alien has remained out9 side the United States for a period of 10

10 years.

11 ‘‘(ii) EXCEPTIONS.—

12 ‘‘(I) MINORS.—No period of time

13 in which an alien is under 18 years of

14 age shall be taken into account in de15 termining the period of unlawful pres16 ence in the United States under clause

17 (i).

18 ‘‘(II) ASYLEES.—No period of

19 time in which an alien has a bona fide

20 application for asylum pending under

21 section 208 shall be taken into account

22 in determining the period of unlawful

23 presence in the United States under

24 clause (i).
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1 ‘‘(III) ALIENS WITH WORK AU2 THORIZATION.—No period of time in

3 which an alien is provided authoriza4 tion to engage in employment in the

5 United States (including such an au6 thorization under section

7 244A(a)(1)(B)), or in which the alien

8 is the spouse of such an alien, shall be

9 taken into account in determining the

10 period of unlawful presence in the

11 United States under clause (i).

12 ‘‘(IV) FAMILY UNITY.—No period

13 of time in which the alien is a bene14 ficiary of family unity protection pur15 suant to section 301 of the Immigra16 tion Act of 1990 shall be taken into ac17 count in determining the period of un18 lawful presence in the United States

19 under clause (i).

20 ‘‘(V) BATTERED WOMEN AND

21 CHILDREN.—Clause (i) shall not apply

22 to an alien described in paragraph

23 (9)(B).

24 ‘‘(iii) EXTENSION.—The Attorney Gen25 eral may extend the period of 1 year under
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1 clause (i) to a period of 15 months in the

2 case of an alien who applies to the Attorney

3 General (before the alien has been present

4 unlawfully in the United States for a period

5 totaling 1 year) and establishes to the satis6 faction of the Attorney General that—

7 ‘‘(I) the alien is not inadmissible

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

10 ‘‘(II) the failure to extend such pe11 riod would constitute an extreme hard12 ship for the alien.

13 ‘‘(iv) WAIVER.—In the case of an alien

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

15 United States citizen or the spouse or child

16 of a permanent resident alien, the Attorney

17 General may waive clause (i) for humani18 tarian purposes, to assure family unity, or

19 when it is otherwise in the public interest.

20 ‘‘(v) NATIONAL INTEREST WAIVER.—

21 The Attorney General may waive clause (i)

22 if the Attorney General determines that such

23 a waiver is necessary to substantially bene24 fit—
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1 ‘‘(I) the national security, na2 tional defense, or Federal, State, or

3 local law enforcement;

4 ‘‘(II) health care, housing, or edu5 cational opportunities for an indigent

6 or low-income population or in an un7 derserved geographical area;

8 ‘‘(III) economic or employment

9 opportunities for a specific industry or

10 specific geographical area;

11 ‘‘(IV) the development of new tech12 nologies; or

13 ‘‘(V) environmental protection or

14 the productive use of natural resources;

15 and

16 the alien will engage in a specific undertak17 ing to advance one or more of the interests

18 identified in subclauses (I) through (V).’’.

19 (d) WAIVER OF MISREPRESENTATION GROUND OF IN20 ADMISSIBILITY FOR CERTAIN ALIENS.—Subsection (i) of

21 section 212 is amended to read as follows:

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

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

24 of subsection (a)(6)(C)—
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1 ‘‘(1) in the case of an immigrant who is the

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

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

4 spouse or son or daughter of an alien lawfully admit5 ted for permanent residence, if it is established to the

6 satisfaction of the Attorney General that the refusal of

7 admission to the United States of such immigrant

8 alien would result in extreme hardship to the lawfully

9 resident spouse or parent of such an alien.’’.

10 (e) PROHIBITION ON ISSUANCE OF VISAS FOR FORMER

11 CITIZENS WHO RENOUNCED CITIZENSHIP TO AVOID

12 UNITED STATES TAXATION.—Section 212(a)(10) (8 U.S.C.

13 1182(a)(10)), as redesignated by subsection (b)(1), is

14 amended by adding at the end the following:

15 ‘‘(D) FORMER CITIZENS WHO RENOUNCED

16 CITIZENSHIP TO AVOID TAXATION.—Any alien

17 who is a former citizen of the United States who

18 officially renounced United States citizenship

19 and who is determined by the Attorney General

20 to have renounced United States citizenship for

21 the purpose of avoiding taxation by the United

22 States is excludable.’’.

23 (f) PROOF OF VACCINATION REQUIREMENT FOR IMMI24 GRANTS.—
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1 (1) IN GENERAL.—Section 212(a)(1)(A) (8

2 U.S.C. 1182(a)(1)(A)) is amended—

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

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

5 (B) by inserting after clause (i) the follow6 ing new clause:

7 ‘‘(ii) who seeks admission as an immi8 grant, or who seeks adjustment of status to

9 the status of an alien lawfully admitted for

10 permanent residence, and who has failed to

11 present documentation of having received

12 vaccination against vaccine-preventable dis13 eases, which shall include at least the fol14 lowing diseases: mumps, measles, rubella,

15 polio, tetanus and diphtheria toxoids, per16 tussis, influenza type B and hepatitis B,

17 and any other vaccinations against vaccine18 preventable diseases recommended by the

19 Advisory Committee for Immunization

20 Practices,’’.

21 (2) WAIVER.—Section 212(g) (8 U.S.C. 1182(g)

22 is amended by striking ‘‘, or’’ at the end of paragraph

23 (1) and all that follows and inserting a semicolon and

24 the following:
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1 ‘‘in accordance with such terms, conditions, and con2 trols, if any, including the giving of bond, as the At3 torney General, in the discretion of the Attorney Gen4 eral after consultation with the Secretary of Health

5 and Human Services, may by regulation prescribe;

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

7 alien—

8 ‘‘(A) who receives vaccination against the

9 vaccine-preventable disease or diseases for which

10 the alien has failed to present documentation of

11 previous vaccination, or

12 ‘‘(B) for whom a civil surgeon, medical offi13 cer, or panel physician (as those terms are de14 fined by 42 C.F.R. 34.2) certifies, according to

15 such regulations as the Secretary of Health and

16 Human Services may prescribe, that such vac17 cination would not be medically appropriate; or

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

19 alien, in accordance with such terms, conditions, and

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

21 Attorney General, in the discretion of the Attorney

22 General after consultation with the Secretary of

23 Health and Human Services, may by regulation pre24 scribe.’’.
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1 (3) EFFECTIVE DATE.—The amendments made

2 by this subsection shall apply with respect to applica3 tions for immigrant visas or for adjustment of status

4 filed after September 30, 1996.

5 (g) ADJUSTMENT IN GROUNDS FOR DEPORTATION.—

6 Section 241 (8 U.S.C. 1251), before redesignation as section

7 237 by section 305(a)(2), is amended—

8 (1) in the matter before paragraph (1) of sub9 section (a), by striking ‘‘in the United States’’ and

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

11 (2) in subsection (a)(1), by striking ‘‘EXCLUD12 ABLE’’ each place it appears and inserting ‘‘INADMIS13 SIBLE’’;

14 (3) in subsection (a)(1)(A), by striking ‘‘exclud15 able’’ and inserting ‘‘inadmissible’’; and

16 (4) by amending subparagraph (B) of subsection

17 (a)(1) to read as follows:

18 ‘‘(B) PRESENT IN VIOLATION OF LAW.—Any

19 alien who is present in the United States in vio20 lation of this Act or any other law of the United

21 States is deportable.’’.
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1 SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF

2 INADMISSIBLE ARRIVING ALIENS; REFERRAL

3 FOR HEARING (REVISED SECTION 235).

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

5 follows:

6 ‘‘INSPECTION BY IMMIGRATION OFFICERS; EXPEDITED RE7 MOVAL OF INADMISSIBLE ARRIVING ALIENS; REFER8 RAL FOR HEARING

9 ‘‘SEC. 235. (a) INSPECTION.—

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

12 has not been admitted, who arrives in the United

13 States (whether or not at a designated port of arriv14 al), or who is brought to the United States after hav15 ing been interdicted in international or United States

16 waters shall be deemed for purposes of this Act an ap17 plicant for admission.

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

19 stowaway is not eligible to apply for admission or to

20 be admitted and shall be ordered removed upon in21 spection by an immigration officer. Upon such in22 spection if the alien indicates an intention to apply

23 for asylum under section 208 or a fear of persecution,

24 the officer shall refer the alien for an interview under

25 subsection (b)(1)(B). A stowaway may apply for asy26 lum only if the stowaway is found to have a credible
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1 fear of persecution under subsection (b)(1)(B). In no

2 case may a stowaway be considered an applicant for

3 admission or eligible for a hearing under section 240.

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

5 crewmen) who are applicants for admission or other6 wise seeking admission or readmission to or transit

7 through the United States shall be inspected by immi8 gration officers.

9 ‘‘(4) WITHDRAWAL OF APPLICATION FOR ADMIS10 SION.—An alien applying for admission may, in the

11 discretion of the Attorney General and at any time,

12 be permitted to withdraw the application for admis13 sion and depart immediately from the United States.

14 ‘‘(5) STATEMENTS.—An applicant for admission

15 may be required to state under oath any information

16 sought by an immigration officer regarding the pur17 poses and intentions of the applicant in seeking ad18 mission to the United States, including the appli19 cant’s intended length of stay and whether the appli20 cant intends to remain permanently or become a

21 United States citizen, and whether the applicant is

22 inadmissible.

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

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

25 UNITED STATES.—
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1 ‘‘(A) SCREENING.—If the examining immi2 gration officer determines that an alien arriving

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

4 of entry) is inadmissible under section

5 212(a)(6)(C) or 212(a)(7) and the alien—

6 ‘‘(i) does not indicate either an inten7 tion to apply for asylum under section 208

8 or a fear of persecution, the officer shall

9 order the alien removed from the United

10 States without further hearing or review; or

11 ‘‘(ii) indicates an intention to apply

12 for asylum under section 208 or a fear of

13 persecution, the officer shall refer the alien

14 for an interview by an asylum officer under

15 subparagraph (B).

16 ‘‘(B) ASYLUM INTERVIEWS.—

17 ‘‘(i) CONDUCT BY ASYLUM OFFICERS.—

18 An asylum officer shall promptly conduct

19 interviews of aliens referred under subpara20 graph (A)(ii).

21 ‘‘(ii) REFERRAL OF CERTAIN

22 ALIENS.—If the officer determines at the

23 time of the interview that an alien has a

24 credible fear of persecution (within the

25 meaning of clause (v)), the alien shall be de-
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1 tained for further consideration of the ap2 plication for asylum.

3 ‘‘(iii) REMOVAL WITHOUT FURTHER

4 REVIEW IF NO CREDIBLE FEAR OF PERSE5 CUTION.—

6 ‘‘(I) IN GENERAL.—Subject to

7 subclause (II), if the officer determines

8 that an alien does not have a credible

9 fear of persecution, the officer shall

10 order the alien removed from the Unit11 ed States without further hearing or

12 review.

13 ‘‘(II) REVIEW OF DETERMINATION

14 BY SUPERVISORY OFFICER.—The Attor15 ney General shall promulgate regula16 tions to provide for the immediate re17 view by a supervisory asylum officer at

18 the port of entry of a determination

19 under subclause (I).

20 ‘‘(iv) INFORMATION ABOUT INTER21 VIEWS.—The Attorney General shall provide

22 information concerning the asylum inter23 view described in this subparagraph to

24 aliens who may be eligible. An alien who is

25 eligible for such interview may consult with
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1 a person or persons of the alien’s choosing

2 prior to the interview or any review thereof,

3 according to regulations prescribed by the

4 Attorney General. Such consultation shall

5 be at no expense to the Government and

6 shall not delay the process.

7 ‘‘(v) CREDIBLE FEAR OF PERSECUTION

8 DEFINED.—For purposes of this subpara9 graph, the term ‘credible fear of persecution’

10 means (I) that it is more probable than not

11 that the statements made by the alien in

12 support of the alien’s claim are true, and

13 (II) that there is a significant possibility,

14 in light of such statements and of such other

15 facts as are known to the officer, that the

16 alien could establish eligibility for asylum

17 under section 208.

18 ‘‘(C) LIMITATION ON ADMINISTRATIVE RE19 VIEW.—A removal order entered in accordance

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

21 subject to administrative appeal, except that the

22 Attorney General shall provide by regulation for

23 prompt review of such an order under subpara24 graph (A)(i) against an alien who claims under

25 oath, or as permitted under penalty of perjury
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1 under section 1746 of title 28, United States

2 Code, after having been warned of the penalties

3 for falsely making such claim under such condi4 tions, to have been lawfully admitted for perma5 nent residence.

6 ‘‘(D) LIMIT ON COLLATERAL ATTACKS.—In

7 any action brought against an alien under sec8 tion 275(a) or section 276, the court shall not

9 have jurisdiction to hear any claim attacking the

10 validity of an order of removal entered under

11 subparagraph (A)(i) or (B)(iii)(I).

12 ‘‘(E) ASYLUM OFFICER DEFINED.—As used

13 in this paragraph, the term ‘asylum officer’

14 means an immigration officer who—

15 ‘‘(i) has had professional training in

16 country conditions, asylum law, and inter17 view techniques, and

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

19 meets the condition described in clause (i).

20 ‘‘(2) INSPECTION OF OTHER ALIENS.—

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), in the case of an alien who is an ap23 plicant for admission, if the examining immi24 gration officer determines that an alien seeking

25 admission is not clearly and beyond a doubt en-
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1 titled to be admitted, the alien shall be detained

2 for a hearing under section 240.

3 ‘‘(B) EXCEPTION.—Subparagraph (A) shall

4 not apply to an alien—

5 ‘‘(i) who is a crewman,

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

7 or

8 ‘‘(iii) who is a stowaway.

9 ‘‘(3) CHALLENGE OF DECISION.—The decision of

10 the examining immigration officer, if favorable to the

11 admission of any alien, shall be subject to challenge

12 by any other immigration officer and such challenge

13 shall operate to take the alien whose privilege to be

14 admitted is so challenged, before an immigration

15 judge for a hearing under section 240.

16 ‘‘(c) REMOVAL OF ALIENS INADMISSIBLE ON SECURITY

17 AND RELATED GROUNDS.—

18 ‘‘(1) REMOVAL WITHOUT FURTHER HEARING.—If

19 an immigration officer or an immigration judge sus20 pects that an arriving alien may be inadmissible

21 under subparagraph (A) (other than clause (ii)), (B),

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

23 ‘‘(A) order the alien removed, subject to re24 view under paragraph (2);
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1 ‘‘(B) report the order of removal to the At2 torney General; and

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

4 hearing until ordered by the Attorney General.

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

6 General shall review orders issued under paragraph

7 (1).

8 ‘‘(B) If the Attorney General—

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

10 information that the alien is inadmissible under

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

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

13 ‘‘(ii) after consulting with appropriate secu14 rity agencies of the United States Government,

15 concludes that disclosure of the information

16 would be prejudicial to the public interest, safe17 ty, or security,

18 the Attorney General may order the alien removed

19 without further inquiry or hearing by an immigra20 tion judge.

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

22 removal of the alien under subparagraph (B), the At23 torney General shall specify the further inquiry or

24 hearing that shall be conducted in the case.
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1 ‘‘(3) SUBMISSION OF STATEMENT AND INFORMA2 TION.—The alien or the alien’s representative may

3 submit a written statement and additional informa4 tion for consideration by the Attorney General.

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

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

7 Immigration officers are authorized to board and

8 search any vessel, aircraft, railway car, or other con9 veyance or vehicle in which they believe aliens are

10 being brought into the United States.

11 ‘‘(2) AUTHORITY TO ORDER DETENTION AND DE12 LIVERY OF ARRIVING ALIENS.—Immigration officers

13 are authorized to order an owner, agent, master, com14 manding officer, person in charge, purser, or con15 signee of a vessel or aircraft bringing an alien (except

16 an alien crewmember) to the United States—

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

18 the airport of arrival, and

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

20 officer for inspection or to a medical officer for

21 examination.

22 ‘‘(3) ADMINISTRATION OF OATH AND CONSIDER23 ATION OF EVIDENCE.—The Attorney General and any

24 immigration officer shall have power to administer

25 oaths and to take and consider evidence of or from
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1 any person touching the privilege of any alien or per2 son he believes or suspects to be an alien to enter, re3 enter, transit through, or reside in the United States

4 or concerning any matter which is material and rel5 evant to the enforcement of this Act and the adminis6 tration of the Service.

7 ‘‘(4) SUBPOENA AUTHORITY.—(A) The Attorney

8 General and any immigration officer shall have

9 power to require by subpoena the attendance and tes10 timony of witnesses before immigration officers and

11 the production of books, papers, and documents relat12 ing to the privilege of any person to enter, reenter, re13 side in, or pass through the United States or concern14 ing any matter which is material and relevant to the

15 enforcement of this Act and the administration of the

16 Service, and to that end may invoke the aid of any

17 court of the United States.

18 ‘‘(B) Any United States district court within the

19 jurisdiction of which investigations or inquiries are

20 being conducted by an immigration officer may, in

21 the event of neglect or refusal to respond to a sub22 poena issued under this paragraph or refusal to tes23 tify before an immigration officer, issue an order re24 quiring such persons to appear before an immigration

25 officer, produce books, papers, and documents if de-
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1 manded, and testify, and any failure to obey such

2 order of the court may be punished by the court as

3 a contempt thereof.’’.

4 SEC. 303. APPREHENSION AND DETENTION OF ALIENS NOT

5 LAWFULLY IN THE UNITED STATES (REVISED

6 SECTION 236).

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

8 amended to read as follows:

9 ‘‘APPREHENSION AND DETENTION OF ALIENS NOT

10 LAWFULLY IN THE UNITED STATES

11 ‘‘SEC. 236. (a) ARREST, DETENTION, AND RELEASE.—

12 On a warrant issued by the Attorney General, an alien may

13 be arrested and detained pending a decision on whether the

14 alien is to be removed from the United States. Except as

15 provided in subsection (c) and pending such decision, the

16 Attorney General—

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

18 and

19 ‘‘(2) may release the alien on—

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

21 approved by, and containing conditions pre22 scribed by, the Attorney General; or

23 ‘‘(B) conditional parole; but

24 ‘‘(3) may not provide the alien with work au25 thorization (including an ‘employment authorized’

26 endorsement or other appropriate work permit), un-
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1 less the alien is lawfully admitted for permanent resi2 dence or otherwise would (without regard to removal

3 proceedings) be provided such authorization.

4 ‘‘(b) REVOCATION OF BOND OR PAROLE.—The Attor5 ney General at any time may revoke a bond or parole au6 thorized under subsection (a), rearrest the alien under the

7 original warrant, and detain the alien.

8 ‘‘(c) ALIENS CONVICTED OF AGGRAVATED FELO9 NIES.—

10 ‘‘(1) CUSTODY.—The Attorney General shall take

11 into custody any alien convicted of an aggravated fel12 ony when the alien is released, without regard to

13 whether the alien is released on parole, supervised re14 lease, or probation, and without regard to whether the

15 alien may be arrested or imprisoned again for the

16 same offense.

17 ‘‘(2) RELEASE.—The Attorney General may re18 lease the alien only if—

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

20 United States and satisfies the Attorney General

21 that the alien will not pose a danger to the safety

22 of other persons or of property and is likely to

23 appear for any scheduled proceeding;

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

25 the United States, cannot be removed because the
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1 designated country of removal will not accept the

2 alien, and satisfies the Attorney General that the

3 alien will not pose a danger to the safety of other

4 persons or of property and is likely to appear for

5 any scheduled proceeding; or

6 ‘‘(C) the Attorney General decides pursuant

7 to section 3521 of title 18, United States Code,

8 that release of the alien from custody is nec9 essary to provide protection to a witness, a po10 tential witness, a person cooperating with an in11 vestigation into major criminal activity, or an

12 immediate family member or close associate of a

13 witness, potential witness, or person cooperating

14 with such an investigation.

15 A decision relating to such release shall take place in

16 accordance with a procedure that considers the sever17 ity of the offense committed by the alien.

18 ‘‘(d) IDENTIFICATION OF ALIENS CONVICTED OF AG19 GRAVATED FELONIES.—(1) The Attorney General shall de20 vise and implement a system—

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

22 basis), to Federal, State, and local authorities the in23 vestigative resources of the Service to determine

24 whether individuals arrested by such authorities for

25 aggravated felonies are aliens;
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1 ‘‘(B) to designate and train officers and employ2 ees of the Service to serve as a liaison to Federal,

3 State, and local law enforcement and correctional

4 agencies and courts with respect to the arrest, convic5 tion, and release of any alien charged with an aggra6 vated felony; and

7 ‘‘(C) which uses computer resources to maintain

8 a current record of aliens who have been convicted of

9 an aggravated felony and who have been removed.

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

11 available—

12 ‘‘(A) to inspectors at ports of entry and to border

13 patrol agents at sector headquarters for purposes of

14 immediate identification of any such previously re15 moved alien seeking to reenter the United States, and

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

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

18 (b) INCREASE IN INS DETENTION FACILITIES.—Sub19 ject to the availability of appropriations, the Attorney Gen20 eral shall provide for an increase in the detention facilities

21 of the Immigration and Naturalization Service to at least

22 9,000 beds by fiscal year 1997.
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1 SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF RE2 MOVAL AND ADJUSTMENT OF STATUS; VOL3 UNTARY DEPARTURE (REVISED AND NEW

4 SECTIONS 239 TO 240C).

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

6 (1) by redesignating section 239 as section 234

7 and by moving such section to immediately follow sec8 tion 233;

9 (2) by redesignating section 240 (8 U.S.C. 1230)

10 as section 240C; and

11 (3) by inserting after section 238 the following

12 new sections:

13 ‘‘INITIATION OF REMOVAL PROCEEDINGS

14 ‘‘SEC. 239. (a) NOTICE TO APPEAR.—

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

16 under section 240, written notice (in this section re17 ferred to as a ‘notice to appear’) shall be given in per18 son to the alien (or, if personal service is not prac19 ticable, through service by mail to the alien or to the

20 alien’s counsel of record, if any) specifying the follow21 ing:

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

23 the alien.

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

25 proceedings are conducted.
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1 ‘‘(C) The acts or conduct alleged to be in

2 violation of law.

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

4 statutory provisions alleged to have been vio5 lated.

6 ‘‘(E) The alien may be represented by coun7 sel and the alien will be provided (i) a period of

8 time to secure counsel under subsection (b)(1)

9 and (ii) a current list of counsel prepared under

10 subsection (b)(2).

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

12 immediately provide (or have provided) the At13 torney General with a written record of an ad14 dress and telephone number (if any) at which the

15 alien may be contacted respecting proceedings

16 under section 240.

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

18 provide the Attorney General immediately with

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

21 ‘‘(iii) The consequences under section

22 240(b)(5) of failure to provide address and tele23 phone information pursuant to this subpara24 graph.
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1 ‘‘(G)(i) The time and place at which the

2 proceedings will be held.

3 ‘‘(ii) The consequences under section

4 240(b)(5) of the failure, except under exceptional

5 circumstances, to appear at such proceedings.

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

7 PROCEEDINGS.—

8 ‘‘(A) IN GENERAL.—In removal proceedings

9 under section 240, in the case of any change or

10 postponement in the time and place of such pro11 ceedings, subject to subparagraph (B) a written

12 notice shall be given in person to the alien (or,

13 if personal service is not practicable, through

14 service by mail to the alien or to the alien’s

15 counsel of record, if any) specifying—

16 ‘‘(i) the new time or place of the pro17 ceedings, and

18 ‘‘(ii) the consequences under section

19 240(b)(5) of failing, except under excep20 tional circumstances, to attend such pro21 ceedings.

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

23 not in detention, a written notice shall not be re24 quired under this paragraph if the alien has
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1 failed to provide the address required under

2 paragraph (1)(F).

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

4 General shall create a system to record and preserve

5 on a timely basis notices of addresses and telephone

6 numbers (and changes) provided under paragraph

7 (1)(F).

8 ‘‘(b) SECURING OF COUNSEL.—

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

10 permitted the opportunity to secure counsel before the

11 first hearing date in proceedings under section 240,

12 the hearing date shall not be scheduled earlier than 10

13 days after the service of the notice to appear, unless

14 the alien requests in writing an earlier hearing date.

15 ‘‘(2) CURRENT LISTS OF COUNSEL.—The Attor16 ney General shall provide for lists (updated not less

17 often than quarterly) of persons who have indicated

18 their availability to represent pro bono aliens in pro19 ceedings under section 240. Such lists shall be pro20 vided under subsection (a)(1)(E) and otherwise made

21 generally available.

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

23 section shall be sufficient if there is proof of attempted deliv24 ery to the last address provided by the alien in accordance

25 with subsection (a)(1)(F).
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1 ‘‘(d) PROMPT INITIATION OF REMOVAL.—(1) In the

2 case of an alien who is convicted of an offense which makes

3 the alien deportable, the Attorney General shall begin any

4 removal proceeding as expeditiously as possible after the

5 date of the conviction.

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

7 create any substantive or procedural right or benefit that

8 is legally enforceable by any party against the United

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

10 ‘‘REMOVAL PROCEEDINGS

11 ‘‘SEC. 240. (a) PROCEEDING.—

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

13 conduct proceedings for deciding the inadmissibility

14 or deportability of an alien.

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

16 under this section may be charged with any applica17 ble ground of inadmissibility under section 212(a) or

18 any applicable ground of deportability under section

19 237(a).

20 ‘‘(3) EXCLUSIVE PROCEDURES.—Unless other21 wise specified in this Act, a proceeding under this sec22 tion shall be the sole and exclusive procedure for de23 termining whether an alien may be admitted to the

24 United States or, if the alien has been so admitted,

25 removed from the United States. Nothing in this sec-
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1 tion shall affect proceedings conducted pursuant to

2 section 238.

3 ‘‘(b) CONDUCT OF PROCEEDING.—

4 ‘‘(1) AUTHORITY OF IMMIGRATION JUDGE.—The

5 immigration judge shall administer oaths, receive evi6 dence, and interrogate, examine, and cross-examine

7 the alien and any witnesses. The immigration judge

8 may issue subpoenas for the attendance of witnesses

9 and presentation of evidence. The immigration judge

10 shall have authority (under regulations prescribed by

11 the Attorney General) to sanction by civil money pen12 alty any action (or inaction) in contempt of the

13 judge’s proper exercise of authority under this Act.

14 ‘‘(2) FORM OF PROCEEDING.—

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

16 take place—

17 ‘‘(i) in person,

18 ‘‘(ii) through video conference, or

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

20 through telephone conference.

21 ‘‘(B) CONSENT REQUIRED IN CERTAIN

22 CASES.—An evidentiary hearing on the merits

23 may only be conducted through a telephone con24 ference with the consent of the alien involved
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1 after the alien has been advised of the right to

2 proceed in person or through video conference.

3 ‘‘(3) PRESENCE OF ALIEN.—If it is impractica4 ble by reason of an alien’s mental incompetency for

5 the alien to be present at the proceeding, the Attorney

6 General shall prescribe safeguards to protect the rights

7 and privileges of the alien.

8 ‘‘(4) ALIENS RIGHTS IN PROCEEDING.—In pro9 ceedings under this section, under regulations of the

10 Attorney General—

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

12 being represented, at no expense to the Govern13 ment, by counsel of the alien’s choosing who is

14 authorized to practice in such proceedings,

15 ‘‘(B) the alien shall have a reasonable op16 portunity to examine the evidence against the

17 alien, to present evidence on the alien’s own be18 half, and to cross-examine witnesses presented by

19 the Government, and

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

21 testimony and evidence produced at the proceed22 ing.

23 ‘‘(5) CONSEQUENCES OF FAILURE TO APPEAR.—

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

25 written notice required under paragraph (1) or
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1 (2) of section 239(a) has been provided to the

2 alien or the alien’s counsel of record, does not at3 tend a proceeding under this section, shall be or4 dered removed in absentia if the Service estab5 lishes by clear, unequivocal, and convincing evi6 dence that the written notice was so provided

7 and that the alien is removable (as defined in

8 subsection (e)(2)). The written notice by the At9 torney General shall be considered sufficient for

10 purposes of this subparagraph if provided at the

11 most recent address provided under section

12 239(a)(1)(F).

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

14 ADDRESS INFORMATION.—No written notice shall

15 be required under subparagraph (A) if the alien

16 has failed to provide the address required under

17 section 239(a)(1)(F).

18 ‘‘(C) RESCISSION OF ORDER.—Such an

19 order may be rescinded only—

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

21 within 180 days after the date of the order

22 of removal if the alien demonstrates that the

23 failure to appear was because of exceptional

24 circumstances (as defined in subsection

25 (e)(1)), or
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1 ‘‘(ii) upon a motion to reopen filed at

2 any time if the alien demonstrates that the

3 alien did not receive notice in accordance

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

5 or the alien demonstrates that the alien was

6 in Federal or State custody and did not ap7 pear through no fault of the alien.

8 The filing of the motion to reopen described in

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

10 alien pending disposition of the motion.

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

12 petition for review under section 242 of an order

13 entered in absentia under this paragraph shall

14 (except in cases described in section 242(b)(5)) be

15 confined to (i) the validity of the notice provided

16 to the alien, (ii) the reasons for the alien’s not

17 attending the proceeding, and (iii) whether or

18 not the alien is removable.

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

20 The Attorney General shall, by regulation—

21 ‘‘(A) define in a proceeding before an immi22 gration judge or before an appellate administra23 tive body under this title, frivolous behavior for

24 which attorneys may be sanctioned,
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1 ‘‘(B) specify the circumstances under which

2 an administrative appeal of a decision or ruling

3 will be considered frivolous and will be sum4 marily dismissed, and

5 ‘‘(C) impose appropriate sanctions (which

6 may include suspension and disbarment) in the

7 case of frivolous behavior.

8 Nothing in this paragraph shall be construed as lim9 iting the authority of the Attorney General to take ac10 tions with respect to inappropriate behavior.

11 ‘‘(7) LIMITATION ON DISCRETIONARY RELIEF FOR

12 FAILURE TO APPEAR.—Any alien against whom a

13 final order of removal is entered in absentia under

14 this subsection and who, at the time of the notice de15 scribed in paragraph (1) or (2) of section 239(a), was

16 provided oral notice, either in the alien’s native lan17 guage or in another language the alien understands,

18 of the time and place of the proceedings and of the

19 consequences under this paragraph of failing, other

20 than because of exceptional circumstances (as defined

21 in subsection (e)(1)) to attend a proceeding under this

22 section, shall not be eligible for relief under section

23 240A, 240B, 245, 248, or 249 for a period of 10 years

24 after the date of the entry of the final order of re25 moval.
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1 ‘‘(c) DECISION AND BURDEN OF PROOF.—

2 ‘‘(1) DECISION.—

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

4 proceeding the immigration judge shall decide

5 whether an alien is removable from the United

6 States. The determination of the immigration

7 judge shall be based only on the evidence pro8 duced at the hearing.

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

10 medical officer or civil surgeon or board of medi11 cal officers has certified under section 232(b)

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

13 which would make the alien inadmissible under

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

15 the immigration judge shall be based solely upon

16 such certification.

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

18 alien has the burden of establishing—

19 ‘‘(A) if the alien is an applicant for admis20 sion, that the alien is clearly and beyond doubt

21 entitled to be admitted and is not inadmissible

22 under section 212; or

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

24 the alien is lawfully present in the United States

25 pursuant to a prior admission.
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1 In meeting the burden of proof under subparagraph

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

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

4 and documents, not considered by the Attorney Gen5 eral to be confidential, pertaining to the alien’s ad6 mission or presence in the United States.

7 ‘‘(3) BURDEN ON SERVICE IN CASES OF DEPORT8 ABLE ALIENS.—In the proceeding the Service has the

9 burden of establishing by clear and convincing evi10 dence that, in the case of an alien who has been ad11 mitted to the United States, the alien is deportable.

12 No decision on deportability shall be valid unless it

13 is based upon reasonable, substantial, and probative

14 evidence.

15 ‘‘(4) NOTICE.—If the immigration judge decides

16 that the alien is removable and orders the alien to be

17 removed, the judge shall inform the alien of the right

18 to appeal that decision and of the consequences for

19 failure to depart under the order of removal, includ20 ing civil and criminal penalties.

21 ‘‘(5) MOTIONS TO RECONSIDER.—

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

23 motion to reconsider a decision that the alien is

24 removable from the United States.
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1 ‘‘(B) DEADLINE.—The motion must be filed

2 within 30 days of the date of entry of a final ad3 ministrative order of removal.

4 ‘‘(C) CONTENTS.—The motion shall specify

5 the errors of law or fact in the previous order

6 and shall be supported by pertinent authority.

7 ‘‘(6) MOTIONS TO REOPEN.—

8 ‘‘(A) IN GENERAL.—An alien may file one

9 motion to reopen proceedings under this section.

10 ‘‘(B) CONTENTS.—The motion to reopen

11 shall state the new facts that will be proven at

12 a hearing to be held if the motion is granted,

13 and shall be supported by affidavits or other evi14 dentiary material.

15 ‘‘(C) DEADLINE.—

16 ‘‘(i) IN GENERAL.—Except as provided

17 in this subparagraph, the motion to reopen

18 shall be filed within 90 days of the date of

19 entry of a final administrative order of re20 moval.

21 ‘‘(ii) ASYLUM.—There is no time limit

22 on the filing of a motion to reopen if the

23 basis of the motion is to apply for relief

24 under sections 208 or 241(b)(3) and is

25 based on changed country conditions aris-
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1 ing in the country of nationality or the

2 country to which removal has been ordered,

3 if such evidence is material and was not

4 available and would not have been discov5 ered or presented at the previous proceeding.

6 ‘‘(iii) FAILURE TO APPEAR.—A motion

7 to reopen may be filed within 180 days

8 after the date of the final order of removal

9 if the order has been entered pursuant to

10 subsection (b)(5) due to the alien’s failure to

11 appear for proceedings under this section

12 and the alien establishes that the alien’s

13 failure to appear was because of exceptional

14 circumstances beyond the control of the

15 alien or because the alien did not receive the

16 notice required under section 239(a)(2).

17 ‘‘(d) STIPULATED REMOVAL.—The Attorney General

18 shall provide by regulation for the entry by an immigration

19 judge of an order of removal stipulated to by the alien (or

20 the alien’s representative) and the Service. A stipulated

21 order shall constitute a conclusive determination of the

22 alien’s removability from the United States.

23 ‘‘(e) DEFINITIONS.—In this section and section 240A:

24 ‘‘(1) EXCEPTIONAL CIRCUMSTANCES.—The term

25 ‘exceptional circumstances’ refers to exceptional cir-
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1 cumstances (such as serious illness of the alien or se2 rious illness or death of the spouse, child, or parent

3 of the alien, but not including less compelling cir4 cumstances) beyond the control of the alien.

5 ‘‘(2) REMOVABLE.—The term ‘removable’

6 means—

7 ‘‘(A) in the case of an alien not admitted to

8 the United States, that the alien is inadmissible

9 under section 212, or

10 ‘‘(B) in the case of an alien admitted to the

11 United States, that the alien is deportable under

12 section 237.

13 ‘‘CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS

14 ‘‘SEC. 240A. (a) CANCELLATION OF REMOVAL FOR

15 CERTAIN PERMANENT RESIDENTS.—The Attorney General

16 may cancel removal in the case of an alien who is inadmis17 sible or deportable from the United States if the alien—

18 ‘‘(1) has been an alien lawfully admitted for per19 manent residence for not less than 5 years,

20 ‘‘(2) has resided in the United States continu21 ously for 7 years after having been admitted in any

22 status, and

23 ‘‘(3) has not been convicted of an aggravated fel24 ony or felonies for which the alien has been sentenced,

25 in the aggregate, to a term of imprisonment of at

26 least 5 years.
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1 ‘‘(b) CANCELLATION OF REMOVAL AND ADJUSTMENT

2 OF STATUS FOR CERTAIN NONPERMANENT RESIDENTS.—

3 ‘‘(1) IN GENERAL.—The Attorney General may

4 cancel removal in the case of an alien who is deport5 able from the United States if the alien—

6 ‘‘(A) has been physically present in the

7 United States for a continuous period of not less

8 than 7 years immediately preceding the date of

9 such application;

10 ‘‘(B) has been a person of good moral char11 acter during such period;

12 ‘‘(C) has not been convicted of an aggra13 vated felony; and

14 ‘‘(D) establishes that removal would result

15 in extreme hardship to the alien or to the alien’s

16 spouse, parent, or child, who is a citizen of the

17 United States or an alien lawfully admitted for

18 permanent residence.

19 ‘‘(2) SPECIAL RULE FOR BATTERED SPOUSE OR

20 CHILD.—The Attorney General may cancel removal

21 in the case of an alien who is inadmissible or deport22 able from the United States if the alien—

23 ‘‘(A) has been battered or subjected to ex24 treme cruelty in the United States by a spouse

25 or parent who is a United States citizen or law-
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1 ful permanent resident (or is the parent of a

2 child of a United States citizen or lawful perma3 nent resident and the child has been battered or

4 subjected to extreme cruelty in the United States

5 by such citizen or permanent resident parent);

6 ‘‘(B) has been physically present in the

7 United States for a continuous period of not less

8 than 3 years immediately preceding the date of

9 such application;

10 ‘‘(C) has been a person of good moral char11 acter during such period;

12 ‘‘(D) is not inadmissible under paragraph

13 (2) or (3) of section 212(a), is not deportable

14 under paragraph (1)(G) or (2) through (4) of

15 section 237(a), and has not been convicted of an

16 aggravated felony; and

17 ‘‘(E) establishes that removal would result

18 in extreme hardship to the alien, the alien’s

19 child, or (in the case of an alien who is a child)

20 to the alien’s parent.

21 In acting on applications under this paragraph, the

22 Attorney General shall consider any credible evidence

23 relevant to the application. The determination of

24 what evidence is credible and the weight to be given
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1 that evidence shall be within the sole discretion of the

2 Attorney General.

3 ‘‘(3) ADJUSTMENT OF STATUS.—The Attorney

4 General may adjust to the status of an alien lawfully

5 admitted for permanent residence any alien who the

6 Attorney General determines meets the requirements

7 of paragraph (1) or (2). The number of adjustments

8 under this paragraph shall not exceed 4,000 for any

9 fiscal year. The Attorney General shall record the

10 alien’s lawful admission for permanent residence as

11 of the date the Attorney General’s cancellation of re12 moval under paragraph (1) or (2) or determination

13 under this paragraph.

14 ‘‘(c) ALIENS INELIGIBLE FOR RELIEF.—The provi15 sions of subsections (a) and (b)(1) shall not apply to any

16 of the following aliens:

17 ‘‘(1) An alien who entered the United States as

18 a crewman subsequent to June 30, 1964.

19 ‘‘(2) An alien who was admitted to the United

20 States as a nonimmigrant exchange alien as defined

21 in section 101(a)(15)(J), or has acquired the status of

22 such a nonimmigrant exchange alien after admission,

23 in order to receive graduate medical education or

24 training, regardless of whether or not the alien is sub-
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1 ject to or has fulfilled the two-year foreign residence

2 requirement of section 212(e).

3 ‘‘(3) An alien who—

4 ‘‘(A) was admitted to the United States as

5 a nonimmigrant exchange alien as defined in

6 section 101(a)(15)(J) or has acquired the status

7 of such a nonimmigrant exchange alien after ad8 mission other than to receive graduate medical

9 education or training,

10 ‘‘(B) is subject to the two-year foreign resi11 dence requirement of section 212(e), and

12 ‘‘(C) has not fulfilled that requirement or

13 received a waiver thereof.

14 ‘‘(4) An alien who is inadmissible under section

15 212(a)(3) or deportable under subparagraph (B) or

16 (D) of section 237(a)(4).

17 ‘‘(d) SPECIAL RULES RELATING TO CONTINUOUS RES18 IDENCE OR PHYSICAL PRESENCE.—

19 ‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—

20 For purposes of this section, any period of continuous

21 residence or continuous physical presence in the Unit22 ed States shall be deemed to end when the alien is

23 served a notice to appear under section 239(a).

24 ‘‘(2) TREATMENT OF CERTAIN BREAKS IN PRES25 ENCE.—An alien shall be considered to have failed to
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1 maintain continuous physical presence in the United

2 States under subsections (b)(1) and (b)(2) if the alien

3 has departed from the United States for any periods

4 in the aggregate exceeding 180 days, unless the Attor5 ney General finds that return could not be accom6 plished within that time period due to emergent rea7 sons.

8 ‘‘(3) CONTINUITY NOT REQUIRED BECAUSE OF

9 HONORABLE SERVICE IN ARMED FORCES AND PRES10 ENCE UPON ENTRY INTO SERVICE.—The requirements

11 of continuous residence or continuous physical pres12 ence in the United States under subsections (a) and

13 (b) shall not apply to an alien who—

14 ‘‘(A) has served for a minimum period of 24

15 months in an active-duty status in the Armed

16 Forces of the United States and, if separated

17 from such service, was separated under honorable

18 conditions, and

19 ‘‘(B) at the time of the alien’s enlistment or

20 induction was in the United States.

21 ‘‘VOLUNTARY DEPARTURE

22 ‘‘SEC. 240B. (a) CERTAIN CONDITIONS.—

23 ‘‘(1) IN GENERAL.—The Attorney General may

24 permit an alien voluntarily to depart the United

25 States at the alien’s own expense under this sub26 section, in lieu of being subject to proceedings under
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1 section 240 or prior to the completion of such proceed2 ings, if the alien is not deportable under section

3 237(a)(2)(A)(iii) or section 237(a)(4)(B).

4 ‘‘(2) PERIOD.—Permission to depart voluntarily

5 under this subsection shall not be valid for a period

6 exceeding 120 days.

7 ‘‘(3) BOND.—The Attorney General may require

8 an alien permitted to depart voluntarily under this

9 subsection to post a voluntary departure bond, to be

10 surrendered upon proof that the alien has departed

11 the United States within the time specified.

12 ‘‘(4) TREATMENT OF ALIENS ARRIVING IN THE

13 UNITED STATES.—In the case of an alien who is ar14 riving in the United States and with respect to whom

15 proceedings under section 240 are (or would otherwise

16 be) initiated at the time of such alien’s arrival, para17 graph (1) shall not apply. Nothing in this paragraph

18 shall be construed as preventing such an alien from

19 withdrawing the application for admission in accord20 ance with section 235(a)(4).

21 ‘‘(b) AT CONCLUSION OF PROCEEDINGS.—

22 ‘‘(1) IN GENERAL.—The Attorney General may

23 permit an alien voluntarily to depart the United

24 States at the alien’s own expense if, at the conclusion

25 of a proceeding under section 240, the immigration
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1 judge enters an order granting voluntary departure

2 in lieu of removal and finds that—

3 ‘‘(A) the alien has been physically present

4 in the United States for a period of at least one

5 year immediately preceding the date the notice

6 to appear was served under section 239(a);

7 ‘‘(B) the alien is, and has been, a person of

8 good moral character for at least 5 years imme9 diately preceding the alien’s application for vol10 untary departure;

11 ‘‘(C) the alien is not deportable under sec12 tion 237(a)(2)(A)(iii) or section 237(a)(4); and

13 ‘‘(D) the alien has established by clear and

14 convincing evidence that the alien has the means

15 to depart the United States and intends to do so.

16 ‘‘(2) PERIOD.—Permission to depart voluntarily

17 under this subsection shall not be valid for a period

18 exceeding 60 days.

19 ‘‘(3) BOND.—An alien permitted to depart vol20 untarily under this subsection shall be required to

21 post a voluntary departure bond, in an amount nec22 essary to ensure that the alien will depart, to be sur23 rendered upon proof that the alien has departed the

24 United States within the time specified.
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1 ‘‘(c) ALIENS NOT ELIGIBLE.—The Attorney General

2 shall not permit an alien to depart voluntarily under this

3 section if the alien was previously permitted to so depart

4 after having been found inadmissible under section

5 212(a)(9).

6 ‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.—If an

7 alien is permitted to depart voluntarily under this section

8 and fails voluntarily to depart the United States within

9 the time period specified, the alien shall be subject to a civil

10 penalty of not less than $1,000 and not more than $5,000,

11 and be ineligible for a period of 10 years for any further

12 relief under this section and sections 240A, 245, 248, and

13 249.

14 ‘‘(e) ADDITIONAL CONDITIONS.—The Attorney General

15 may by regulation limit eligibility for voluntary departure

16 under this section for any class or classes of aliens.

17 ‘‘(f) APPEALS OF DENIALS.—An alien may appeal

18 from denial of a request for an order of voluntary departure

19 under subsection (b) in accordance with the procedures in

20 section 242. Notwithstanding the pendency of such appeal,

21 the alien shall be removable from the United States 60 days

22 after entry of the order of removal. The alien’s removal from

23 the United States shall not moot the appeal.’’.

24 (b) REPEAL OF SECTION 212(c).—Section 212(c) (8

25 U.S.C. 1182(c)) is repealed.
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1 SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED

2 REMOVED (NEW SECTION 241).

3 (a) IN GENERAL.—Title II is further amended—

4 (1) by striking section 237 (8 U.S.C. 1227),

5 (2) by redesignating section 241 as section 237

6 and by moving such section to immediately follow sec7 tion 236, and

8 (3) by inserting after section 240C (as redesig9 nated by section 304(a)(2)) the following new section:

10 ‘‘DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED

11 ‘‘SEC. 241. (a) DETENTION, RELEASE, AND REMOVAL

12 OF ALIENS ORDERED REMOVED.—

13 ‘‘(1) REMOVAL PERIOD.—

14 ‘‘(A) IN GENERAL.—Except as otherwise

15 provided in this section, when an alien is or16 dered removed, the Attorney General shall re17 move the alien from the United States within a

18 period of 90 days (in this section referred to as

19 the ‘removal period’).

20 ‘‘(B) BEGINNING OF PERIOD.—The removal

21 period begins on the latest of the following:

22 ‘‘(i) The date the order of removal be23 comes administratively final.

24 ‘‘(ii) If the removal order is judicially

25 reviewed and such review serves to stay the
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1 removal of the alien, the date of the court’s

2 final order.

3 ‘‘(iii) If the alien is detained or con4 fined (except under an immigration proc5 ess), the date the alien is released from de6 tention or confinement.

7 ‘‘(C) SUSPENSION OF PERIOD.—The re8 moval period shall be extended beyond a period

9 of 90 days and the alien may remain in deten10 tion during such extended period if the alien

11 willfully fails or refuses to make timely applica12 tion in good faith for travel or other documents

13 necessary to the alien’s departure or conspires or

14 acts to prevent the alien’s removal subject to an

15 order of removal.

16 ‘‘(2) DETENTION AND RELEASE BY THE ATTOR17 NEY GENERAL.—During the removal period, the At18 torney General shall detain the alien. If there is in19 sufficient detention space to detain the alien, the At20 torney General shall make a specific finding to this

21 effect and may release the alien on a bond containing

22 such conditions as the Attorney General may pre23 scribe.

24 ‘‘(3) SUPERVISION AFTER 90-DAY PERIOD.—If the

25 alien does not leave or is not removed within the re-
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1 moval period, the alien, pending removal, shall be

2 subject to supervision under regulations prescribed by

3 the Attorney General. The regulations shall include

4 provisions requiring the alien—

5 ‘‘(A) to appear before an immigration offi6 cer periodically for identification;

7 ‘‘(B) to submit, if necessary, to a medical

8 and psychiatric examination at the expense of

9 the United States Government;

10 ‘‘(C) to give information under oath about

11 the alien’s nationality, circumstances, habits, as12 sociations, and activities, and other information

13 the Attorney General considers appropriate; and

14 ‘‘(D) to obey reasonable written restrictions

15 on the alien’s conduct or activities that the At16 torney General prescribes for the alien.

17 ‘‘(4) ALIENS IMPRISONED, ARRESTED, OR ON PA18 ROLE, SUPERVISED RELEASE, OR PROBATION.—Ex19 cept as provided in section 343(a) of the Public

20 Health Service Act (42 U.S.C. 259(a)), the Attorney

21 General may not remove an alien who is sentenced to

22 imprisonment until the alien is released from impris23 onment. Parole, supervised release, probation, or pos24 sibility of arrest or further imprisonment is not a

25 reason to defer removal.
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1 ‘‘(5) REINSTATEMENT OF REMOVAL ORDERS

2 AGAINST ALIENS ILLEGALLY REENTERING.—If the At3 torney General finds that an alien has reentered the

4 United States illegally after having been removed or

5 having departed voluntarily, under an order of re6 moval, the prior order of removal is reinstated from

7 its original date and is not subject to being reopened

8 or reviewed, and the alien shall be removed under the

9 prior order at any time after the reentry.

10 ‘‘(6) INADMISSIBLE ALIENS.—An alien ordered

11 removed who is inadmissible under section 212 may

12 be detained beyond the removal period and, if re13 leased, shall be subject to the terms of supervision in

14 paragraph (3).

15 ‘‘(7) EMPLOYMENT AUTHORIZATION.—No alien

16 ordered removed shall be eligible to receive authoriza17 tion to be employed in the United States unless the

18 Attorney General makes a specific finding that—

19 ‘‘(A) the alien cannot be removed due to the

20 refusal of all countries designated by the alien or

21 under this section to receive the alien, or

22 ‘‘(B) the removal of the alien is otherwise

23 impracticable or contrary to the public interest.

24 ‘‘(b) COUNTRIES TO WHICH ALIENS MAY BE RE25 MOVED.—
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1 ‘‘(1) ALIENS ARRIVING AT THE UNITED

2 STATES.—Subject to paragraph (3)—

3 ‘‘(A) IN GENERAL.—Except as provided by

4 subparagraphs (B) and (C), an alien who ar5 rives at the United States and with respect to

6 whom proceedings under section 240 were initi7 ated at the time of such alien’s arrival shall be

8 removed to the country in which the alien

9 boarded the vessel or aircraft on which the alien

10 arrived in the United States.

11 ‘‘(B) TRAVEL FROM CONTIGUOUS TERRI12 TORY.—If the alien boarded the vessel or aircraft

13 on which the alien arrived in the United States

14 in a foreign territory contiguous to the United

15 States, an island adjacent to the United States,

16 or an island adjacent to a foreign territory con17 tiguous to the United States, and the alien is not

18 a native, citizen, subject, or national of, or does

19 not reside in, the territory or island, removal

20 shall be to the country in which the alien

21 boarded the vessel that transported the alien to

22 the territory or island.

23 ‘‘(C) ALTERNATIVE COUNTRIES.—If the gov24 ernment of the country designated in subpara25 graph (A) or (B) is unwilling to accept the alien
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1 into that country’s territory, removal shall be to

2 any of the following countries, as directed by the

3 Attorney General:

4 ‘‘(i) The country of which the alien is

5 a citizen, subject, or national.

6 ‘‘(ii) The country in which the alien

7 was born.

8 ‘‘(iii) The country in which the alien

9 has a residence.

10 ‘‘(iv) A country with a government

11 that will accept the alien into the country’s

12 territory if removal to each country de13 scribed in a previous clause of this subpara14 graph is impracticable, inadvisable, or im15 possible.

16 ‘‘(2) OTHER ALIENS.—Subject to paragraph

17 (3)—

18 ‘‘(A) SELECTION OF COUNTRY BY ALIEN.—

19 Except as otherwise provided in this para20 graph—

21 ‘‘(i) any alien not described in para22 graph (1) who has been ordered removed

23 may designate one country to which the

24 alien wants to be removed, and
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1 ‘‘(ii) the Attorney General shall remove

2 the alien to the country the alien so des3 ignates.

4 ‘‘(B) LIMITATION ON DESIGNATION.—An

5 alien may designate under subparagraph (A)(i)

6 a foreign territory contiguous to the United

7 States, an adjacent island, or an island adjacent

8 to a foreign territory contiguous to the United

9 States as the place to which the alien is to be re10 moved only if the alien is a native, citizen, sub11 ject, or national of, or has resided in, that des12 ignated territory or island.

13 ‘‘(C) DISREGARDING DESIGNATION.—The

14 Attorney General may disregard a designation

15 under subparagraph (A)(i) if—

16 ‘‘(i) the alien fails to designate a coun17 try promptly;

18 ‘‘(ii) the government of the country

19 does not inform the Attorney General fi20 nally, within 30 days after the date the At21 torney General first inquires, whether the

22 government will accept the alien into the

23 country;
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1 ‘‘(iii) the government of the country is

2 not willing to accept the alien into the

3 country; or

4 ‘‘(iv) the Attorney General decides that

5 removing the alien to the country is preju6 dicial to the United States.

7 ‘‘(D) ALTERNATIVE COUNTRY.—If an alien

8 is not removed to a country designated under

9 subparagraph (A)(i), the Attorney General shall

10 remove the alien to a country of which the alien

11 is a subject, national, or citizen unless the gov12 ernment of the country—

13 ‘‘(i) does not inform the Attorney Gen14 eral or the alien finally, within 30 days

15 after the date the Attorney General first in16 quires or within another period of time the

17 Attorney General decides is reasonable,

18 whether the government will accept the alien

19 into the country; or

20 ‘‘(ii) is not willing to accept the alien

21 into the country.

22 ‘‘(E) ADDITIONAL REMOVAL COUNTRIES.—If

23 an alien is not removed to a country under the

24 previous subparagraphs of this paragraph, the
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1 Attorney General shall remove the alien to any

2 of the following countries:

3 ‘‘(i) The country from which the alien

4 was admitted to the United States.

5 ‘‘(ii) The country in which is located

6 the foreign port from which the alien left for

7 the United States or for a foreign territory

8 contiguous to the United States.

9 ‘‘(iii) A country in which the alien re10 sided before the alien entered the country

11 from which the alien entered the United

12 States.

13 ‘‘(iv) The country in which the alien

14 was born.

15 ‘‘(v) The country that had sovereignty

16 over the alien’s birthplace when the alien

17 was born.

18 ‘‘(vi) The country in which the alien’s

19 birthplace is located when the alien is or20 dered removed.

21 ‘‘(vii) If impracticable, inadvisable, or

22 impossible to remove the alien to each coun23 try described in a previous clause of this

24 subparagraph, another country whose gov-
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1 ernment will accept the alien into that

2 country.

3 ‘‘(F) REMOVAL COUNTRY WHEN UNITED

4 STATES IS AT WAR.—When the United States is

5 at war and the Attorney General decides that it

6 is impracticable, inadvisable, inconvenient, or

7 impossible to remove an alien under this sub8 section because of the war, the Attorney General

9 may remove the alien—

10 ‘‘(i) to the country that is host to a

11 government in exile of the country of which

12 the alien is a citizen or subject if the gov13 ernment of the host country will permit the

14 alien’s entry; or

15 ‘‘(ii) if the recognized government of

16 the country of which the alien is a citizen

17 or subject is not in exile, to a country, or

18 a political or territorial subdivision of a

19 country, that is very near the country of

20 which the alien is a citizen or subject, or,

21 with the consent of the government of the

22 country of which the alien is a citizen or

23 subject, to another country.

24 ‘‘(c) REMOVAL OF ALIENS ARRIVING AT PORT OF

25 ENTRY.—
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1 ‘‘(1) VESSELS AND AIRCRAFT.—An alien arriv2 ing at a port of entry of the United States who is or3 dered removed either without a hearing under section

4 235(a)(1) or 235(c) or pursuant to proceedings under

5 section 240 initiated at the time of such alien’s arriv6 al shall be removed immediately on a vessel or air7 craft owned by the owner of the vessel or aircraft on

8 which the alien arrived in the United States, unless—

9 ‘‘(A) it is impracticable to remove the alien

10 on one of those vessels or aircraft within a rea11 sonable time, or

12 ‘‘(B) the alien is a stowaway—

13 ‘‘(i) who has been ordered removed in

14 accordance with section 235(a)(1),

15 ‘‘(ii) who has requested asylum, and

16 ‘‘(iii) whose application has not been

17 adjudicated or whose asylum application

18 has been denied but who has not exhausted

19 all appeal rights.

20 ‘‘(2) STAY OF REMOVAL.—

21 ‘‘(A) IN GENERAL.—The Attorney General

22 may stay the removal of an alien under this sub23 section if the Attorney General decides that—

24 ‘‘(i) immediate removal is not prac25 ticable or proper; or
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1 ‘‘(ii) the alien is needed to testify in

2 the prosecution of a person for a violation

3 of a law of the United States or of any

4 State.

5 ‘‘(B) PAYMENT OF DETENTION COSTS.—

6 During the period an alien is detained because

7 of a stay of removal under subparagraph (A)(ii),

8 the Attorney General may pay from the appro9 priation ‘Immigration and Naturalization Serv10 ice—Salaries and Expenses’—

11 ‘‘(i) the cost of maintenance of the

12 alien; and

13 ‘‘(ii) a witness fee of $1 a day.

14 ‘‘(C) RELEASE DURING STAY.—The Attor15 ney General may release an alien whose removal

16 is stayed under subparagraph (A)(ii) on—

17 ‘‘(i) the alien’s filing a bond of at least

18 $500 with security approved by the Attor19 ney General;

20 ‘‘(ii) condition that the alien appear

21 when required as a witness and for removal;

22 and

23 ‘‘(iii) other conditions the Attorney

24 General may prescribe.
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1 ‘‘(3) COSTS OF DETENTION AND MAINTENANCE

2 PENDING REMOVAL.—

3 ‘‘(A) IN GENERAL.—Except as provided in

4 subparagraph (B) and subsection (d), an owner

5 of a vessel or aircraft bringing an alien to the

6 United States shall pay the costs of detaining

7 and maintaining the alien—

8 ‘‘(i) while the alien is detained under

9 subsection (d)(1), and

10 ‘‘(ii) in the case of an alien who is a

11 stowaway, while the alien is being detained

12 pursuant to—

13 ‘‘(I) subsection (d)(2)(A) or

14 (d)(2)(B)(i),

15 ‘‘(II) subsection (d)(2)(B)(ii) or

16 (iii) for the period of time reasonably

17 necessary for the owner to arrange for

18 repatriation or removal of the stow19 away, including obtaining necessary

20 travel documents, but not to extend be21 yond the date on which it is

22 ascertained that such travel documents

23 cannot be obtained from the country to

24 which the stowaway is to be returned,

25 or
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1 ‘‘(III) section 235(b)(1)(B)(ii), for

2 a period not to exceed 15 days (exclud3 ing Saturdays, Sundays, and holidays)

4 commencing on the first such day

5 which begins on the earlier of 72 hours

6 after the time of the initial presen7 tation of the stowaway for inspection

8 or at the time the stowaway is deter9 mined to have a credible fear of perse10 cution.

11 ‘‘(B) NONAPPLICATION.—Subparagraph (A)

12 shall not apply if—

13 ‘‘(i) the alien is a crewmember;

14 ‘‘(ii) the alien has an immigrant visa;

15 ‘‘(iii) the alien has a nonimmigrant

16 visa or other documentation authorizing the

17 alien to apply for temporary admission to

18 the United States and applies for admission

19 not later than 120 days after the date the

20 visa or documentation was issued;

21 ‘‘(iv) the alien has a reentry permit

22 and applies for admission not later than

23 120 days after the date of the alien’s last

24 inspection and admission;
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1 ‘‘(v)(I) the alien has a nonimmigrant

2 visa or other documentation authorizing the

3 alien to apply for temporary admission to

4 the United States or a reentry permit;

5 ‘‘(II) the alien applies for admission

6 more than 120 days after the date the visa

7 or documentation was issued or after the

8 date of the last inspection and admission

9 under the reentry permit; and

10 ‘‘(III) the owner of the vessel or air11 craft satisfies the Attorney General that the

12 existence of the condition relating to inad13 missibility could not have been discovered

14 by exercising reasonable care before the

15 alien boarded the vessel or aircraft; or

16 ‘‘(vi) the individual claims to be a na17 tional of the United States and has a Unit18 ed States passport.

19 ‘‘(d) REQUIREMENTS OF PERSONS PROVIDING TRANS20 PORTATION.—

21 ‘‘(1) REMOVAL AT TIME OF ARRIVAL.—An owner,

22 agent, master, commanding officer, person in charge,

23 purser, or consignee of a vessel or aircraft bringing

24 an alien (except an alien crewmember) to the United

25 States shall—
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1 ‘‘(A) receive an alien back on the vessel or

2 aircraft or another vessel or aircraft owned or

3 operated by the same interests if the alien is or4 dered removed under this part; and

5 ‘‘(B) take the alien to the foreign country to

6 which the alien is ordered removed.

7 ‘‘(2) ALIEN STOWAWAYS.—An owner, agent, mas8 ter, commanding officer, charterer, or consignee of a

9 vessel or aircraft arriving in the United States with

10 an alien stowaway—

11 ‘‘(A) shall detain the alien on board the ves12 sel or aircraft, or at such place as the Attorney

13 General shall designate, until completion of the

14 inspection of the alien by an immigration offi15 cer;

16 ‘‘(B) may not permit the stowaway to land

17 in the United States, except pursuant to regula18 tions of the Attorney General temporarily—

19 ‘‘(i) for medical treatment,

20 ‘‘(ii) for detention of the stowaway by

21 the Attorney General, or

22 ‘‘(iii) for departure or removal of the

23 stowaway; and
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1 ‘‘(C) if ordered by an immigration officer,

2 shall remove the stowaway on the vessel or air3 craft or on another vessel or aircraft.

4 The Attorney General shall grant a timely request to

5 remove the stowaway under subparagraph (C) on a

6 vessel or aircraft other than that on which the stow7 away arrived if any travel documents necessary for

8 departure or repatriation of the stowaway have been

9 obtained and removal of the stowaway will not be un10 reasonably delayed.

11 ‘‘(3) REMOVAL UPON ORDER.—An owner, agent,

12 master, commanding officer, person in charge, purser,

13 or consignee of a vessel, aircraft, or other transpor14 tation line shall comply with an order of the Attorney

15 General to take on board, guard safely, and transport

16 to the destination specified any alien ordered to be re17 moved under this Act.

18 ‘‘(e) PAYMENT OF EXPENSES OF REMOVAL.—

19 ‘‘(1) COSTS OF REMOVAL AT TIME OF ARRIVAL.—

20 In the case of an alien who is a stowaway or who is

21 ordered removed either without a hearing under sec22 tion 235(a)(1) or 235(c) or pursuant to proceedings

23 under section 240 initiated at the time of such alien’s

24 arrival, the owner of the vessel or aircraft (if any) on

25 which the alien arrived in the United States shall
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1 pay the transportation cost of removing the alien. If

2 removal is on a vessel or aircraft not owned by the

3 owner of the vessel or aircraft on which the alien ar4 rived in the United States, the Attorney General

5 may—

6 ‘‘(A) pay the cost from the appropriation

7 ‘Immigration and Naturalization Service—Sala8 ries and Expenses’; and

9 ‘‘(B) recover the amount of the cost in a

10 civil action from the owner, agent, or consignee

11 of the vessel or aircraft (if any) on which the

12 alien arrived in the United States.

13 ‘‘(2) COSTS OF REMOVAL TO PORT OF REMOVAL

14 FOR ALIENS ADMITTED OR PERMITTED TO LAND.—In

15 the case of an alien who has been admitted or per16 mitted to land and is ordered removed, the cost (if

17 any) of removal of the alien to the port of removal

18 shall be at the expense of the appropriation for the en19 forcement of this Act.

20 ‘‘(3) COSTS OF REMOVAL FROM PORT OF RE21 MOVAL FOR ALIENS ADMITTED OR PERMITTED TO

22 LAND.—

23 ‘‘(A) THROUGH APPROPRIATION.—Except

24 as provided in subparagraph (B), in the case of

25 an alien who has been admitted or permitted to
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1 land and is ordered removed, the cost (if any) of

2 removal of the alien from the port of removal

3 shall be at the expense of the appropriation for

4 the enforcement of this Act.

5 ‘‘(B) THROUGH OWNER.—

6 ‘‘(i) IN GENERAL.—In the case of an

7 alien described in clause (ii), the cost of re8 moval of the alien from the port of removal

9 may be charged to any owner of the vessel,

10 aircraft, or other transportation line by

11 which the alien came to the United States.

12 ‘‘(ii) ALIENS DESCRIBED.—An alien

13 described in this clause is an alien who—

14 ‘‘(I) is admitted to the United

15 States (other than lawfully admitted

16 for permanent residence) and is or17 dered removed within 5 years of the

18 date of admission based on a ground

19 that existed before or at the time of ad20 mission, or

21 ‘‘(II) is an alien crewman per22 mitted to land temporarily under sec23 tion 252 and is ordered removed with24 in 5 years of the date of landing.
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1 ‘‘(C) COSTS OF REMOVAL OF CERTAIN

2 ALIENS GRANTED VOLUNTARY DEPARTURE.—In

3 the case of an alien who has been granted vol4 untary departure under section 240B and who is

5 financially unable to depart at the alien’s own

6 expense and whose removal the Attorney General

7 deems to be in the best interest of the United

8 States, the expense of such removal may be paid

9 from the appropriation for the enforcement of

10 this Act.

11 ‘‘(f) ALIENS REQUIRING PERSONAL CARE DURING RE12 MOVAL.—

13 ‘‘(1) IN GENERAL.—If the Attorney General be14 lieves that an alien being removed requires personal

15 care because of the alien’s mental or physical condi16 tion, the Attorney General may employ a suitable

17 person for that purpose who shall accompany and

18 care for the alien until the alien arrives at the final

19 destination.

20 ‘‘(2) COSTS.—The costs of providing the service

21 described in paragraph (1) shall be defrayed in the

22 same manner as the expense of removing the accom23 panied alien is defrayed under this section.

24 ‘‘(g) PLACES OF DETENTION.—
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1 ‘‘(1) IN GENERAL.—The Attorney General shall

2 arrange for appropriate places of detention for aliens

3 detained pending removal or a decision on removal.

4 When United States Government facilities are un5 available or facilities adapted or suitably located for

6 detention are unavailable for rental, the Attorney

7 General may expend from the appropriation ‘Immi8 gration and Naturalization Service—Salaries and

9 Expenses’, without regard to section 3709 of the Re10 vised Statutes (41 U.S.C. 5), amounts necessary to

11 acquire land and to acquire, build, remodel, repair,

12 and operate facilities (including living quarters for

13 immigration officers if not otherwise available) nec14 essary for detention.

15 ‘‘(2) DETENTION FACILITIES OF THE IMMIGRA16 TION AND NATURALIZATION SERVICE.—Prior to initi17 ating any project for the construction of any new de18 tention facility for the Service, the Commissioner

19 shall consider the availability for purchase or lease of

20 any existing prison, jail, detention center, or other

21 comparable facility suitable for such use.

22 ‘‘(h) STATUTORY CONSTRUCTION.—Nothing in this

23 section shall be construed to create any substantive or proce24 dural right or benefit that is legally enforceable by any
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1 party against the United States or its agencies or officers

2 or any other person.’’.

3 (b) MODIFICATION OF AUTHORITY.—

4 (1) Section 241(i), as redesignated by section

5 306(a)(1), is amended—

6 (A) in paragraph (3)(A) by striking ‘‘felony

7 and sentenced to a term of imprisonment’’ and

8 inserting ‘‘felony or two or more misdemeanors’’,

9 and

10 (B) by adding at the end the following new

11 paragraph:

12 ‘‘(6) In this subsection, the term ‘incarceration’

13 includes imprisonment in a State or local prison or

14 jail the time of which is counted towards completion

15 of a sentence or the detention of an alien previously

16 convicted of a felony or misdemeanor who has been

17 arrested and is being held pending judicial action on

18 new charges or pending transfer to Federal custody.’’.

19 (2) The amendments made by paragraph (1)

20 shall apply beginning with fiscal year 1996.

21 (c) MISCELLANEOUS CONFORMING AMENDMENT.—Sec22 tion 212(a)(4) (8 U.S.C. 1182(a)(4)), as amended by section

23 621(a), is amended by striking ‘‘241(a)(5)(B)’’ each place

24 it appears and inserting ‘‘237(a)(5)(B)’’.
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1 SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SEC2 TION 242).

3 (a) IN GENERAL.—Section 242 (8 U.S.C. 1252) is

4 amended—

5 (1) by redesignating subsection (j) as subsection

6 (i) and by moving such subsection and adding it at

7 the end of section 241, as inserted by section

8 305(a)(3); and

9 (2) by amending the remainder of section 242 to

10 read as follows:

11 ‘‘JUDICIAL REVIEW OF ORDERS OF REMOVAL

12 ‘‘SEC. 242. (a) APPLICABLE PROVISIONS.—

13 ‘‘(1) GENERAL ORDERS OF REMOVAL.—Judicial

14 review of a final order of removal (other than an

15 order of removal without a hearing pursuant to sec16 tion 235(b)(1)) is governed only by chapter 158 of

17 title 28 of the United States Code, except as provided

18 in subsection (b) and except that the court may not

19 order the taking of additional evidence under section

20 2347(c) of such title.

21 ‘‘(2) LIMITATIONS ON REVIEW RELATING TO SEC22 TION 235(b)(1).—Notwithstanding any other provision

23 of law, no court shall have jurisdiction to review—

24 ‘‘(A) except as provided in subsection (f),

25 any individual determination or to entertain

26 any other cause or claim arising from or relat-
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1 ing to the implementation or operation of an

2 order of removal pursuant to section 235(b)(1),

3 ‘‘(B) a decision by the Attorney General to

4 invoke the provisions of such section,

5 ‘‘(C) the application of such section to indi6 vidual aliens, including the determination made

7 under section 235(b)(1)(B), or

8 ‘‘(D) procedures and policies adopted by the

9 Attorney General to implement the provisions of

10 section 235(b)(1).

11 ‘‘(3) TREATMENT OF CERTAIN DECISIONS.—No

12 alien shall have a right to appeal from a decision of

13 an immigration judge which is based solely on a cer14 tification described in section 240(c)(1)(B).

15 ‘‘(b) REQUIREMENTS FOR ORDERS OF REMOVAL.—

16 With respect to review of an order of removal under sub17 section (a)(1), the following requirements apply:

18 ‘‘(1) DEADLINE.—The petition for review must

19 be filed not later than 30 days after the date of the

20 final order of removal.

21 ‘‘(2) VENUE AND FORMS.—The petition for re22 view shall be filed with the court of appeals for the

23 judicial circuit in which the immigration judge com24 pleted the proceedings. The record and briefs do not

25 have to be printed. The court of appeals shall review
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Title III, Subtitle A

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1 the proceeding on a typewritten record and on type2 written briefs.

3 ‘‘(3) SERVICE.—

4 ‘‘(A) IN GENERAL.—The respondent is the

5 Attorney General. The petition shall be served on

6 the Attorney General and on the officer or em7 ployee of the Service in charge of the Service dis8 trict in which the initial proceedings under sec9 tion 240 were conducted.

10 ‘‘(B) STAY OF ORDER.—

11 ‘‘(i) IN GENERAL.—Except as provided

12 in clause (ii), service of the petition on the

13 officer or employee stays the removal of an

14 alien pending the court’s decision on the pe15 tition, unless the court orders otherwise.

16 ‘‘(ii) EXCEPTION.—If the alien has

17 been convicted of an aggravated felony, or

18 the alien has been ordered removed pursu19 ant to a finding that the alien is inadmis20 sible under section 212, service of the peti21 tion does not stay the removal unless the

22 court orders otherwise.

23 ‘‘(4) DECISION.—Except as provided in para24 graph (5)(B)—
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1 ‘‘(A) the court of appeals shall decide the

2 petition only on the administrative record on

3 which the order of removal is based,

4 ‘‘(B) the administrative findings of fact are

5 conclusive if supported by reasonable, substan6 tial, and probative evidence on the record consid7 ered as a whole, and

8 ‘‘(C) a decision that an alien is not eligible

9 for admission to the United States is conclusive

10 unless manifestly contrary to law.

11 ‘‘(5) TREATMENT OF NATIONALITY CLAIMS.—

12 ‘‘(A) COURT DETERMINATION IF NO ISSUE

13 OF FACT.—If the petitioner claims to be a na14 tional of the United States and the court of ap15 peals finds from the pleadings and affidavits

16 that no genuine issue of material fact about the

17 petitioner’s nationality is presented, the court

18 shall decide the nationality claim.

19 ‘‘(B) TRANSFER IF ISSUE OF FACT.—If the

20 petitioner claims to be a national of the United

21 States and the court of appeals finds that a gen22 uine issue of material fact about the petitioner’s

23 nationality is presented, the court shall transfer

24 the proceeding to the district court of the United

25 States for the judicial district in which the peti-
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1 tioner resides for a new hearing on the national2 ity claim and a decision on that claim as if an

3 action had been brought in the district court

4 under section 2201 of title 28, United States

5 Code.

6 ‘‘(C) LIMITATION ON DETERMINATION.—The

7 petitioner may have such nationality claim de8 cided only as provided in this paragraph.

9 ‘‘(6) CONSOLIDATION WITH REVIEW OF MOTIONS

10 TO REOPEN OR RECONSIDER.—When a petitioner

11 seeks review of an order under this section, any re12 view sought of a motion to reopen or reconsider the

13 order shall be consolidated with the review of the

14 order.

15 ‘‘(7) CHALLENGE TO VALIDITY OF ORDERS IN

16 CERTAIN CRIMINAL PROCEEDINGS.—

17 ‘‘(A) IN GENERAL.—If the validity of an

18 order of removal has not been judicially decided,

19 a defendant in a criminal proceeding charged

20 with violating section 243(a) may challenge the

21 validity of the order in the criminal proceeding

22 only by filing a separate motion before trial. The

23 district court, without a jury, shall decide the

24 motion before trial.
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1 ‘‘(B) CLAIMS OF UNITED STATES NATIONAL2 ITY.—If the defendant claims in the motion to be

3 a national of the United States and the district

4 court finds that—

5 ‘‘(i) no genuine issue of material fact

6 about the defendant’s nationality is pre7 sented, the court shall decide the motion

8 only on the administrative record on which

9 the removal order is based and the adminis10 trative findings of fact are conclusive if

11 supported by reasonable, substantial, and

12 probative evidence on the record considered

13 as a whole; or

14 ‘‘(ii) a genuine issue of material fact

15 about the defendant’s nationality is pre16 sented, the court shall hold a new hearing

17 on the nationality claim and decide that

18 claim as if an action had been brought

19 under section 2201 of title 28, United States

20 Code.

21 The defendant may have such nationality claim

22 decided only as provided in this subparagraph.

23 ‘‘(C) CONSEQUENCE OF INVALIDATION.—If

24 the district court rules that the removal order is

25 invalid, the court shall dismiss the indictment
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1 for violation of section 243(a). The United States

2 Government may appeal the dismissal to the

3 court of appeals for the appropriate circuit with4 in 30 days after the date of the dismissal.

5 ‘‘(D) LIMITATION ON FILING PETITIONS FOR

6 REVIEW.—The defendant in a criminal proceed7 ing under section 243(a) may not file a petition

8 for review under subsection (a) during the crimi9 nal proceeding.

10 ‘‘(8) CONSTRUCTION.—This subsection—

11 ‘‘(A) does not prevent the Attorney General,

12 after a final order of removal has been issued,

13 from detaining the alien under section 241(a);

14 ‘‘(B) does not relieve the alien from comply15 ing with section 241(a)(4) and section 243(g);

16 and

17 ‘‘(C) except as provided in paragraph (3),

18 does not require the Attorney General to defer re19 moval of the alien.

20 ‘‘(c) REQUIREMENTS FOR PETITION.—A petition for

21 review or for habeas corpus of an order of removal shall

22 state whether a court has upheld the validity of the order,

23 and, if so, shall state the name of the court, the date of

24 the court’s ruling, and the kind of proceeding.
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1 ‘‘(d) REVIEW OF FINAL ORDERS.—A court may review

2 a final order of removal only if—

3 ‘‘(1) the alien has exhausted all administrative

4 remedies available to the alien as of right, and

5 ‘‘(2) another court has not decided the validity

6 of the order, unless the reviewing court finds that the

7 petition presents grounds that could not have been

8 presented in the prior judicial proceeding or that the

9 remedy provided by the prior proceeding was inad10 equate or ineffective to test the validity of the order.

11 ‘‘(e) LIMITED REVIEW FOR NON-PERMANENT RESI12 DENTS CONVICTED OF AGGRAVATED FELONIES.—

13 ‘‘(1) IN GENERAL.—A petition for review filed by

14 an alien against whom a final order of removal has

15 been issued under section 238 may challenge only

16 whether—

17 ‘‘(A) the alien is the alien described in the

18 order,

19 ‘‘(B) the alien is an alien described in sec20 tion 238(b)(2) and has been convicted after entry

21 into the United States of an aggravated felony,

22 and

23 ‘‘(C) proceedings against the alien complied

24 with section 238(b)(4).
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1 ‘‘(2) LIMITED JURISDICTION.—A court reviewing

2 the petition has jurisdiction only to review the issues

3 described in paragraph (1).

4 ‘‘(f) JUDICIAL REVIEW OF ORDERS UNDER SECTION

5 235(b)(1).—

6 ‘‘(1) APPLICATION.—The provisions of this sub7 section apply with respect to judicial review of orders

8 of removal effected under section 235(b)(1).

9 ‘‘(2) LIMITATIONS ON RELIEF.—Regardless of the

10 nature of the action or claim and regardless of the

11 identity of the party or parties bringing the action,

12 no court shall have jurisdiction or authority to enter

13 declaratory, injunctive, or other equitable relief not

14 specifically authorized in this subsection, or to certify

15 a class under Rule 23 of the Federal Rules of Civil

16 Procedure.

17 ‘‘(3) LIMITATION TO HABEAS CORPUS.—Judicial

18 review of any matter, cause, claim, or individual de19 termination made or arising under or pertaining to

20 section 235(b)(1) shall only be available in habeas

21 corpus proceedings, and shall be limited to determina22 tions of—

23 ‘‘(A) whether the petitioner is an alien,

24 ‘‘(B) whether the petitioner was ordered re25 moved under such section, and
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1 ‘‘(C) whether the petitioner can prove by a

2 preponderance of the evidence that the petitioner

3 is an alien lawfully admitted for permanent res4 idence and is entitled to such further inquiry as

5 prescribed by the Attorney General pursuant to

6 section 235(b)(1)(C).

7 ‘‘(4) DECISION.—In any case where the court de8 termines that the petitioner—

9 ‘‘(A) is an alien who was not ordered re10 moved under section 235(b)(1), or

11 ‘‘(B) has demonstrated by a preponderance

12 of the evidence that the alien is a lawful perma13 nent resident,

14 the court may order no remedy or relief other than

15 to require that the petitioner be provided a hearing

16 in accordance with section 240. Any alien who is pro17 vided a hearing under section 240 pursuant to this

18 paragraph may thereafter obtain judicial review of

19 any resulting final order of removal pursuant to sub20 section (a)(1).

21 ‘‘(5) SCOPE OF INQUIRY.—In determining wheth22 er an alien has been ordered removed under section

23 235(b)(1), the court’s inquiry shall be limited to

24 whether such an order in fact was issued and whether

25 it relates to the petitioner. There shall be no review
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1 of whether the alien is actually inadmissible or enti2 tled to any relief from removal.

3 ‘‘(g) LIMIT ON INJUNCTIVE RELIEF.—Regardless of the

4 nature of the action or claim or of the identity of the party

5 or parties bringing the action, no court (other than the Su6 preme Court) shall have jurisdiction or authority to enjoin

7 or restrain the operation of the provisions of chapter 4 of

8 title II, as amended by the Immigration in the National

9 Interest Act of 1995, other than with respect to the applica10 tion of such provisions to an individual alien against whom

11 proceedings under such chapter have been initiated.’’.

12 (b) REPEAL OF SECTION 106.—Section 106 (8 U.S.C.

13 1105a) is repealed.

14 SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED

15 SECTION 243).

16 (a) IN GENERAL.—Section 243 (8 U.S.C. 1253) is

17 amended to read as follows:

18 ‘‘PENALTIES RELATED TO REMOVAL

19 ‘‘SEC. 243. (a) PENALTY FOR FAILURE TO DEPART.—

20 ‘‘(1) IN GENERAL.—Any alien against whom a

21 final order of removal is outstanding by reason of

22 being a member of any of the classes described in sec23 tion 237(a), who—

24 ‘‘(A) willfully fails or refuses to depart from

25 the United States within a period of 90 days

26 from the date of the final order of removal under
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1 administrative processes, or if judicial review is

2 had, then from the date of the final order of the

3 court,

4 ‘‘(B) willfully fails or refuses to make time5 ly application in good faith for travel or other

6 documents necessary to the alien’s departure,

7 ‘‘(C) connives or conspires, or takes any

8 other action, designed to prevent or hamper or

9 with the purpose of preventing or hampering the

10 alien’s departure pursuant to such, or

11 ‘‘(D) willfully fails or refuses to present

12 himself or herself for removal at the time and

13 place required by the Attorney General pursuant

14 to such order,

15 shall be fined under title 18, United States Code, or

16 imprisoned not more than four years (or 10 years if

17 the alien is a member of any of the classes described

18 in paragraph (1)(E), (2), (3), or (4) of section

19 237(a)), or both.

20 ‘‘(2) EXCEPTION.—It is not a violation of para21 graph (1) to take any proper steps for the purpose of

22 securing cancellation of or exemption from such order

23 of removal or for the purpose of securing the alien’s

24 release from incarceration or custody.
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1 ‘‘(3) SUSPENSION.—The court may for good

2 cause suspend the sentence of an alien under this sub3 section and order the alien’s release under such condi4 tions as the court may prescribe. In determining

5 whether good cause has been shown to justify releasing

6 the alien, the court shall take into account such fac7 tors as—

8 ‘‘(A) the age, health, and period of detention

9 of the alien;

10 ‘‘(B) the effect of the alien’s release upon the

11 national security and public peace or safety;

12 ‘‘(C) the likelihood of the alien’s resuming

13 or following a course of conduct which made or

14 would make the alien deportable;

15 ‘‘(D) the character of the efforts made by

16 such alien himself and by representatives of the

17 country or countries to which the alien’s removal

18 is directed to expedite the alien’s departure from

19 the United States;

20 ‘‘(E) the reason for the inability of the Gov21 ernment of the United States to secure passports,

22 other travel documents, or removal facilities from

23 the country or countries to which the alien has

24 been ordered removed; and
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1 ‘‘(F) the eligibility of the alien for discre2 tionary relief under the immigration laws.

3 ‘‘(b) WILLFUL FAILURE TO COMPLY WITH TERMS OF

4 RELEASE UNDER SUPERVISION.—An alien who shall will5 fully fail to comply with regulations or requirements issued

6 pursuant to section 241(a)(3) or knowingly give false infor7 mation in response to an inquiry under such section shall

8 be fined not more than $1,000 or imprisoned for not more

9 than one year, or both.

10 ‘‘(c) PENALTIES RELATING TO VESSELS AND AIR11 CRAFT.—

12 ‘‘(1) CIVIL PENALTIES.—

13 ‘‘(A) FAILURE TO CARRY OUT CERTAIN OR14 DERS.—If the Attorney General is satisfied that

15 a person has violated subsection (d) or (e) of sec16 tion 241, the person shall pay to the Commis17 sioner the sum of $2,000 for each violation.

18 ‘‘(B) FAILURE TO REMOVE ALIEN STOW19 AWAYS.—If the Attorney General is satisfied that

20 a person has failed to remove an alien stowaway

21 as required under section 241(d)(2), the person

22 shall pay to the Commissioner the sum of $5,000

23 for each alien stowaway not removed.
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1 ‘‘(C) NO COMPROMISE.—The Attorney Gen2 eral may not compromise the amount of such

3 penalty under this paragraph.

4 ‘‘(2) CLEARING VESSELS AND AIRCRAFT.—

5 ‘‘(A) CLEARANCE BEFORE DECISION ON LI6 ABILITY.—A vessel or aircraft may be granted

7 clearance before a decision on liability is made

8 under paragraph (1) only if a bond approved by

9 the Attorney General or an amount sufficient to

10 pay the civil penalty is deposited with the Com11 missioner.

12 ‘‘(B) PROHIBITION ON CLEARANCE WHILE

13 PENALTY UNPAID.—A vessel or aircraft may not

14 be granted clearance if a civil penalty imposed

15 under paragraph (1) is not paid.

16 ‘‘(d) DISCONTINUING GRANTING VISAS TO NATIONALS

17 OF COUNTRY DENYING OR DELAYING ACCEPTING ALIEN.—

18 On being notified by the Attorney General that the govern19 ment of a foreign country denies or unreasonably delays

20 accepting an alien who is a citizen, subject, national, or

21 resident of that country after the Attorney General asks

22 whether the government will accept the alien under this sec23 tion, the Secretary of State shall order consular officers in

24 that foreign country to discontinue granting immigrant

25 visas or nonimmigrant visas, or both, to citizens, subjects,
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1 nationals, and residents of that country until the Attorney

2 General notifies the Secretary that the country has accepted

3 the alien.’’.

4 SEC. 308. REDESIGNATION AND REORGANIZATION OF

5 OTHER PROVISIONS; ADDITIONAL CONFORM6 ING AMENDMENTS.

7 (a) CONFORMING AMENDMENT TO TABLE OF CON8 TENTS; OVERVIEW OF REORGANIZED CHAPTERS.—The

9 table of contents, as amended by section 851(d)(1), is

10 amended—

11 (1) by striking the item relating to section 106,

12 and

13 (2) by striking the item relating to chapter 4 of

14 title II and all that follows through the item relating

15 to section 244A and inserting the following:

‘‘CHAPTER 4—INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, AND

REMOVAL

‘‘Sec. 231. Lists of alien and citizen passengers arriving or departing; record of

resident aliens and citizens leaving permanently for foreign

country.

‘‘Sec. 232. Detention of aliens for physical and mental examination.

‘‘Sec. 233. Entry through or from foreign contiguous territory and adjacent islands; landing stations.

‘‘Sec. 234. Designation of ports of entry for aliens arriving by civil aircraft.

‘‘Sec. 235. Inspection by immigration officers; expedited removal of inadmissible

arriving aliens; referral for hearing.

‘‘Sec. 236. Apprehension and detention of aliens not lawfully in the United

States.

‘‘Sec. 237. General classes of deportable aliens.

‘‘Sec. 238. Expedited removal of aliens convicted of committing aggravated felonies.

‘‘Sec. 239. Initiation of removal proceedings.

‘‘Sec. 240. Removal proceedings.

‘‘Sec. 240A. Cancellation of removal; adjustment of status.

‘‘Sec. 240B. Voluntary departure.

‘‘Sec. 240C. Records of admission.

‘‘Sec. 241. Detention and removal of aliens ordered removed.
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‘‘Sec. 242. Judicial review of orders of removal.

‘‘Sec. 243. Penalties relating to removal.

‘‘Sec. 244. Temporary protected status.

‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.

1 (b) REORGANIZATION OF OTHER PROVISIONS.—Chap2 ters 4 and 5 of title II are amended as follows:

3 (1) AMENDING CHAPTER HEADING.—Amend the

4 heading for chapter 4 of title II to read as follows:

5 ‘‘CHAPTER 4—INSPECTION, APPREHENSION,

6 EXAMINATION, EXCLUSION, AND REMOVAL’’.

7 (2) REDESIGNATING SECTION 232 AS SECTION

8 232(a).—Amend section 232 (8 U.S.C. 1222)—

9 (A) by inserting ‘‘(a) DETENTION OF

10 ALIENS.—’’ after ‘‘SEC. 232.’’, and

11 (B) by amending the section heading to

12 read as follows:

13 ‘‘DETENTION OF ALIENS FOR PHYSICAL AND MENTAL

14 EXAMINATION’’.

15 (3) REDESIGNATING SECTION 234 AS SECTION

16 232(b).—Amend section 234 (8 U.S.C. 1224)—

17 (A) by striking the heading,

18 (B) by striking ‘‘SEC. 234.’’ and inserting

19 the following: ‘‘(b) PHYSICAL AND MENTAL EX20 AMINATION.—’’, and

21 (C) by moving such provision to the end of

22 section 232.
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1 (4) REDESIGNATING SECTION 238 AS SECTION

2 233.—Redesignate section 238 (8 U.S.C. 1228) as sec3 tion 233 and move the section to immediately follow

4 section 232.

5 (5) REDESIGNATING SECTION 242A AS SECTION

6 238.—Redesignate section 242A as section 238, strike

7 ‘‘DEPORTATION’’ in its heading and insert ‘‘RE8 MOVAL’’, and move the section to immediately follow

9 section 237 (as redesignated by section 305(a)(2)).

10 (6) STRIKING SECTION 242B.—Strike section

11 242B (8 U.S.C. 1252b).

12 (7) STRIKING SECTION 244 AND REDESIGNATING

13 SECTION 244A AS SECTION 244.—Strike section 244

14 and redesignate section 244A as section 244.

15 (8) AMENDING CHAPTER HEADING.—Amend the

16 heading for chapter 5 of title II to read as follows:

17 ‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.

18 (c) ADDITIONAL CONFORMING AMENDMENTS.—

19 (1) EXPEDITED PROCEDURES FOR AGGRAVATED

20 FELONS (FORMER SECTION 242A).—Section 238

21 (which, previous to redesignation under section

22 308(b)(5), was section 242A) is amended—

23 (A) in subsection (a)(1), by striking ‘‘sec24 tion 242’’ and inserting ‘‘section 240’’;
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1 (B) in subsection (a)(2), by striking ‘‘sec2 tion 242(a)(2)’’ and inserting ‘‘section 236(c)’’;

3 and

4 (C) in subsection (b)(1), by striking ‘‘section

5 241(a)(2)(A)(iii)’’ and inserting ‘‘section

6 237(a)(2)(A)(iii)’’.

7 (2) TREATMENT OF CERTAIN HELPLESS

8 ALIENS.—

9 (A) CERTIFICATION OF HELPLESS

10 ALIENS.—Section 232, as amended by section

11 308(b)(2), is further amended by adding at the

12 end the following new subsection:

13 ‘‘(c) CERTIFICATION OF CERTAIN HELPLESS

14 ALIENS.—If an examining medical officer determines that

15 an alien arriving in the United States is inadmissible, is

16 helpless from sickness, mental or physical disability, or in17 fancy, and is accompanied by another alien whose protec18 tion or guardianship may be required, the officer may cer19 tify such fact for purposes of applying section

20 212(a)(10)(B) with respect to the other alien.’’.

21 (B) GROUND OF INADMISSIBILITY FOR PRO22 TECTION AND GUARDIANSHIP OF ALIENS DENIED

23 ADMISSION FOR HEALTH OR INFANCY.—Subpara24 graph (B) of section 212(a)(10) (8 U.S.C.
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1 1182(a)(10)), as redesignated by section

2 301(a)(1), is amended to read as follows:

3 ‘‘(B) GUARDIAN REQUIRED TO ACCOMPANY

4 HELPLESS ALIEN.—Any alien—

5 ‘‘(i) who is accompanying another

6 alien who is inadmissible and who is cer7 tified to be helpless from sickness, mental or

8 physical disability, or infancy pursuant to

9 section 232(c), and

10 ‘‘(ii) whose protection or guardianship

11 is determined to be required by the alien de12 scribed in clause (i),

13 is inadmissible.’’.

14 (3) CONTINGENT CONSIDERATION IN RELATION

15 TO REMOVAL OF ALIENS.—Section 273(a) (8 U.S.C.

16 1323(a)) is amended—

17 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’, and

18 (B) by adding at the end the following new

19 paragraph:

20 ‘‘(2) It is unlawful for an owner, agent, master, com21 manding officer, person in charge, purser, or consignee of

22 a vessel or aircraft who is bringing an alien (except an

23 alien crewmember) to the United States to take any consid24 eration to be kept or returned contingent on whether an
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1 alien is admitted to, or ordered removed from, the United

2 States.’’.

3 (4) CLARIFICATION.—(A) Section 238(a)(1),

4 which, previous to redesignation under section

5 308(b)(5), was section 242A(a)(1), is amended by

6 adding at the end the following: ‘‘Nothing in this sec7 tion shall be construed to create any substantive or

8 procedural right or benefit that is legally enforceable

9 by any party against the United States or its agen10 cies or officers or any other person.’’.

11 (B) Section 225 of the Immigration and Nation12 ality Technical Corrections Act of 1994 (Public Law

13 103–416), as amended by section 851(b)(15), is

14 amended by striking ‘‘and nothing in’’ and all that

15 follows up to ‘‘shall’’.

16 (d) ADDITIONAL CONFORMING AMENDMENTS RELAT17 ING TO EXCLUSION AND INADMISSIBILITY.—

18 (1) SECTION 212.—Section 212 (8 U.S.C.

19 1182(a)) is amended—

20 (A) in the heading, by striking ‘‘EXCLUDED

21 FROM’’ and inserting ‘‘INELIGIBLE FOR’’;

22 (B) in the matter in subsection (a) before

23 paragraph (1), by striking all that follows ‘‘(a)’’

24 and inserting the following: ‘‘CLASSES OF

25 ALIENS INELIGIBLE FOR VISAS OR ADMIS-
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1 SION.—Except as otherwise provided in this Act,

2 aliens who are inadmissible under the following

3 paragraphs are ineligible to receive visas and in4 eligible to be admitted to the United States:’’;

5 (C) in subsection (a), by striking ‘‘is exclud6 able’’ and inserting ‘‘is inadmissible’’ each place

7 it appears;

8 (D) in subsections (a)(5)(C), (d)(1), (k), by

9 striking ‘‘exclusion’’ and inserting ‘‘inadmissibil10 ity’’;

11 (E) in subsections (b), (d)(3), (h)(1)(A)(i),

12 and (k), by striking ‘‘excludable’’ each place it

13 appears and inserting ‘‘inadmissible’’;

14 (F) in subsection (b)(2), by striking ‘‘or in15 eligible for entry’’;

16 (G) in subsection (d)(7), by striking ‘‘ex17 cluded from’’ and inserting ‘‘denied’’; and

18 (H) in subsection (h)(1)(B), by striking ‘‘ex19 clusion’’ and inserting ‘‘denial of admission’’.

20 (2) SECTION 241.—Section 241 (8 U.S.C. 1251),

21 before redesignation as section 237 by section

22 305(a)(2), is amended—

23 (A) in subsection (a)(1)(H), by striking ‘‘ex24 cludable’’ and inserting ‘‘inadmissible’’;
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1 (B) in subsection (a)(4)(C)(ii), by striking

2 ‘‘excludability’’ and inserting ‘‘inadmissibility’’;

3 and

4 (C) in subsection (c), by striking ‘‘exclu5 sion’’ and inserting ‘‘inadmissibility’’.

6 (3) OTHER GENERAL REFERENCES.—The follow7 ing provisions are amended by striking ‘‘exclud8 ability’’ and ‘‘excludable’’ each place each appears

9 and inserting ‘‘inadmissibility’’ and ‘‘inadmissible’’,

10 respectively:

11 (A) Sections 101(f)(3), 213, 234 (before re12 designation by section 308(b)), 241(a)(1) (before

13 redesignation by section 305(a)(2)), 272(a), 277,

14 286(h)(2)(A)(v), and 286(h)(2)(A)(vi).

15 (B) Section 601(c) of the Immigration Act

16 of 1990.

17 (C) Section 128 of the Foreign Relations

18 Authorization Act, Fiscal Years 1992 and 1993

19 (Public Law 102–138).

20 (D) Section 1073 of the National Defense

21 Authorization Act for Fiscal Year 1995 (Public

22 Law 103–337).

23 (E) Section 221 of the Immigration and

24 Nationality Technical Corrections Act of 1994

25 (Public Law 103–416).
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1 (4) RELATED TERMS.—

2 (A) Section 101(a)(17) (8 U.S.C.

3 1101(a)(17)) is amended by striking ‘‘or expul4 sion’’ and inserting ‘‘expulsion, or removal’’.

5 (B) Section 102 (8 U.S.C. 1102) is amended

6 by striking ‘‘exclusion or deportation’’ and in7 serting ‘‘removal’’.

8 (C) Section 103(c)(2) (8 U.S.C. 1103(c)(2))

9 is amended by striking ‘‘been excluded or de10 ported’’ and inserting ‘‘not been admitted or

11 have been removed’’.

12 (D) Section 206 (8 U.S.C. 1156) is amend13 ed by striking ‘‘excluded from admission to the

14 United States and deported’’ and inserting ‘‘de15 nied admission to the United States and re16 moved’’.

17 (E) Section 216(f) (8 U.S.C. 1186a) is

18 amended by striking ‘‘exclusion’’ and inserting

19 ‘‘inadmissibility’’.

20 (F) Section 217 (8 U.S.C. 1187) is amended

21 by striking ‘‘excluded from admission’’ and in22 serting ‘‘denied admission at the time of arrival’’

23 each place it appears.
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1 (G) Section 221(f) (8 U.S.C. 1201) is

2 amended by striking ‘‘exclude’’ and inserting

3 ‘‘deny admission to’’.

4 (H) Section 232(a) (8 U.S.C. 1222(a)), as

5 redesignated by subsection (b)(2), is amended by

6 striking ‘‘excluded by’’ and ‘‘the excluded classes’’

7 and inserting ‘‘inadmissible under’’ and ‘‘inad8 missible classes’’, respectively.

9 (I)(i) Section 272 (8 U.S.C. 1322) is

10 amended—

11 (I) by striking ‘‘EXCLUSION’’ in the

12 heading and inserting ‘‘DENIAL OF ADMIS13 SION’’,

14 (II) in subsection (a), by striking ‘‘ex15 cluding condition’’ and inserting ‘‘condition

16 causing inadmissibility’’, and

17 (III) in subsection (c), by striking ‘‘ex18 cluding’’.

19 (ii) The item in the table of contents relat20 ing to such section is amended by striking ‘‘ex21 clusion’’ and inserting ‘‘denial of admission’’.

22 (J) Section 276(a) (8 U.S.C. 1326) is

23 amended—
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1 (i) in paragraph (1), by striking ‘‘de2 ported or excluded and deported’’ and in3 serting ‘‘denied admission or removed’’, and

4 (ii) in paragraph (2)(B), by striking

5 ‘‘excluded and deported’’ and inserting ‘‘de6 nied admission and removed’’.

7 (K) Section 286(h)(2)(A)(vi) (8 U.S.C.

8 1356(h)(2)(A)(vi)) is amended by striking ‘‘ex9 clusion’’ each place it appears and inserting ‘‘re10 moval’’.

11 (L) Section 287 (8 U.S.C. 1357) is amend12 ed—

13 (i) in subsection (a), by striking ‘‘or

14 expulsion’’ each place it appears and insert15 ing ‘‘expulsion, or removal’’, and

16 (ii) in subsection (c), by striking ‘‘ex17 clusion from’’ and inserting ‘‘denial of ad18 mission to’’.

19 (M) Section 290(a) (8 U.S.C. 1360(a)) is

20 amended by striking ‘‘admitted to the United

21 States, or excluded therefrom’’ each place it ap22 pears and inserting ‘‘admitted or denied admis23 sion to the United States’’.
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1 (N) Section 291 (8 U.S.C. 1361) is amended

2 by striking ‘‘subject to exclusion’’ and inserting

3 ‘‘inadmissible’’ each place it appears.

4 (O) Section 292 (8 U.S.C. 1362) is amended

5 by striking ‘‘exclusion or deportation’’ each place

6 it appears and inserting ‘‘removal’’.

7 (P) Section 360 (8 U.S.C. 1503) is amend8 ed—

9 (i) in subsection (a), by striking ‘‘ex10 clusion’’ each place it appears and inserting

11 ‘‘removal’’, and

12 (ii) in subsection (c), by striking ‘‘ex13 cluded from’’ and inserting ‘‘denied’’.

14 (Q) Section 301(a)(1) of the Immigration

15 Act of 1990 is amended by striking ‘‘exclusion’’

16 and inserting ‘‘inadmissibility’’.

17 (R) Section 401(c) of the Refugee Act of

18 1980 is amended by striking ‘‘deportation or ex19 clusion’’ and inserting ‘‘removal’’.

20 (S) Section 501(e)(2) of the Refugee Edu21 cation Assistance Act of 1980 (Public Law 96–

22 422) is amended—

23 (i) by striking ‘‘exclusion or deporta24 tion’’ each place it appears and inserting

25 ‘‘removal’’, and
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1 (ii) by striking ‘‘deportation or exclu2 sion’’ each place it appears and inserting

3 ‘‘removal’’.

4 (T) Section 4113(c) of title 18, United

5 States Code, is amended by striking ‘‘exclusion

6 and deportation’’ and inserting ‘‘removal’’.

7 (e) REVISION OF TERMINOLOGY RELATING TO DEPOR8 TATION.—

9 (1) Each of the following is amended by striking

10 ‘‘deportation’’ each place it appears and inserting

11 ‘‘removal’’:

12 (A) Subparagraphs (A)(iii)(II), (A)(iv)(II),

13 and (B)(iii)(II) of section 204(a)(1) (8 U.S.C.

14 1154(a)(1)).

15 (B) Section 212(d)(1) (8 U.S.C.

16 1182(d)(1)).

17 (C) Section 212(d)(11) (8 U.S.C.

18 1182(d)(11)).

19 (D) Section 214(k)(4)(C) (8 U.S.C.

20 1184(k)(4)(C)), as redesignated by section

21 851(a)(3)(A).

22 (E) Section 241(a)(1)(H) (8 U.S.C.

23 1251(a)(1)(H)), before redesignation as section

24 237 by section 305(a)(2).
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1 (F) Section 242A (8 U.S.C. 1252a), before

2 redesignation as section 238 by subsection (b)(5).

3 (G) Subsections (a)(3) and (b)(5)(B) of sec4 tion 244A (8 U.S.C. 1254a), before redesignation

5 as section 244 by subsection (b)(7).

6 (H) Section 246(a) (8 U.S.C. 1256(a)).

7 (I) Section 254 (8 U.S.C. 1284).

8 (J) Section 263(a)(4) (8 U.S.C. 1303(a)(4)).

9 (K) Section 276(b) (8 U.S.C. 1326(b)).

10 (L) Section 286(h)(2)(A)(v) (8 U.S.C.

11 1356(h)(2)(A)(v)).

12 (M) Section 291 (8 U.S.C. 1361).

13 (N) Section 318 (8 U.S.C. 1429).

14 (O) Section 130005(a) of the Violent Crime

15 Control and Law Enforcement Act of 1994 (Pub16 lic Law 103–322).

17 (P) Section 4113(b) of title 18, United

18 States Code.

19 (2) Each of the following is amended by striking

20 ‘‘deported’’ each place it appears and inserting ‘‘re21 moved’’:

22 (A) Section 212(d)(7) (8 U.S.C.

23 1182(d)(7)).

24 (B) Section 214(d) (8 U.S.C. 1184(d)).
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1 (C) Section 241(a) (8 U.S.C. 1251(a)), be2 fore redesignation as section 237 by section

3 305(a)(2).

4 (D) Section 242A(c)(2)(D)(iv) (8 U.S.C.

5 1252a(c)(2)(D)(iv)), as amended by section

6 851(b)(14) but before redesignation as section

7 238 by subsection (b)(5).

8 (E) Section 252(b) (8 U.S.C. 1282(b)).

9 (F) Section 254 (8 U.S.C. 1284).

10 (G) Subsections (b) and (c) of section 266

11 (8 U.S.C. 1306).

12 (H) Section 301(a)(1) of the Immigration

13 Act of 1990.

14 (I) Section 4113 of title 18, United States

15 Code.

16 (3) Section 101(g) (8 U.S.C. 1101(g)) is amend17 ed by inserting ‘‘or removed’’ after ‘‘deported’’ each

18 place it appears.

19 (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is

20 amended by striking ‘‘suspension of deportation’’ and

21 inserting ‘‘cancellation of removal’’.

22 (5) Section 201(b)(1)(D) (8 U.S.C.

23 1151(b)(1)(D)) is amended by striking ‘‘deportation

24 is suspended’’ and inserting ‘‘removal is canceled’’.
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1 (6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B))

2 is amended by striking ‘‘deportation against’’ and in3 serting ‘‘removal of’’.

4 (7) Subsections (b)(2), (c)(2)(B), (c)(3)(D),

5 (c)(4)(A), and (d)(2)(C) of section 216 (8 U.S.C.

6 1186a) are each amended by striking ‘‘DEPORTA7 TION’’, ‘‘deportation’’, ‘‘deport’’, and ‘‘deported’’ each

8 place each appears and inserting ‘‘REMOVAL’’, ‘‘re9 moval’’, ‘‘remove’’, and ‘‘removed’’, respectively.

10 (8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and

11 (d)(2)(C) of section 216A (8 U.S.C. 1186b) are each

12 amended by striking ‘‘DEPORTATION’’, ‘‘deportation’’,

13 ‘‘deport’’, and ‘‘deported’’ and inserting ‘‘REMOVAL’’,

14 ‘‘removal’’, ‘‘remove’’, and ‘‘removed’’, respectively.

15 (9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is

16 amended by striking ‘‘deportation against’’ and in17 serting ‘‘removal of’’.

18 (10) Section 242A (8 U.S.C. 1252a), before re19 designation as section 238 by subsection (b)(6), is

20 amended, in the headings to various subdivisions, by

21 striking ‘‘DEPORTATION’’ and ‘‘DEPORTATION’’ and

22 inserting ‘‘REMOVAL’’ and ‘‘REMOVAL’’, respectively.

23 (11) Section 244A(a)(1)(A) (8 U.S.C.

24 1254a(a)(1)(A)), before redesignation as section 244

25 by subsection (b)(8), is amended—
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1 (A) in subsection (a)(1)(A), by striking ‘‘de2 port’’ and inserting ‘‘remove’’, and

3 (B) in subsection (e), by striking ‘‘SUSPEN4 SION OF DEPORTATION’’ and inserting ‘‘CAN5 CELLATION OF REMOVAL’’.

6 (12) Section 254 (8 U.S.C. 1284) is amended by

7 striking ‘‘deport’’ each place it appears and inserting

8 ‘‘remove’’.

9 (13) Section 273(d) (8 U.S.C. 1323(d)) is re10 pealed.

11 (14)(A) Section 276 (8 U.S.C. 1326) is amended

12 by striking ‘‘DEPORTED’’ and inserting ‘‘REMOVED’’.

13 (B) The item in the table of contents relating to

14 such section is amended by striking ‘‘deported’’ and

15 inserting ‘‘removed’’.

16 (15) Section 318 (8 U.S.C. 1429) is amended by

17 striking ‘‘suspending’’ and inserting ‘‘canceling’’.

18 (16) Section 301(a) of the Immigration Act of

19 1990 is amended by striking ‘‘DEPORTATION’’ and in20 serting ‘‘REMOVAL’’.

21 (17) The heading of section 130005 of the Violent

22 Crime Control and Law Enforcement Act of 1994

23 (Public Law 103–322) is amended by striking ‘‘DE24 PORTATION’’ and inserting ‘‘REMOVAL’’.
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1 (18) Section 9 of the Peace Corps Act (22 U.S.C.

2 2508) is amended by striking ‘‘deported’’ and all that

3 follows through ‘‘Deportation’’ and inserting ‘‘re4 moved pursuant to chapter 4 of title II of the Immi5 gration and Nationality Act’’.

6 (19) Section 8(c) of the Foreign Agents Registra7 tion Act (22 U.S.C. 618(c)) is amended by striking

8 ‘‘deportation’’ and all that follows and inserting ‘‘re9 moval pursuant to chapter 4 of title II of the Immi10 gration and Nationality Act.’’.

11 (f) REVISION OF REFERENCES TO ENTRY.—

12 (1) The following provisions are amended by

13 striking ‘‘entry’’ and inserting ‘‘admission’’ each

14 place it appears:

15 (A) Section 101(a)(15)(K) (8 U.S.C.

16 1101(a)(15)(K)).

17 (B) Section 101(a)(30) (8 U.S.C.

18 1101(a)(30)).

19 (C) Section 212(a)(2)(D) (8 U.S.C.

20 1182(a)(2)(D)).

21 (D) Section 212(a)(6)(C)(i) (8 U.S.C.

22 1182(a)(6)(C)(i)).

23 (E) Section 212(h)(1)(A)(i) (8 U.S.C.

24 1182(h)(1)(A)(i)).
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1 (F) Section 212(j)(1)(D) (8 U.S.C.

2 1182(j)(1)(D)).

3 (G) Section 214(c)(2)(A) (8 U.S.C.

4 1184(c)(2)(A)).

5 (H) Section 214(d) (8 U.S.C. 1184(d)).

6 (I) Section 216(b)(1)(A)(i) (8 U.S.C.

7 1186a(b)(1)(A)(i)).

8 (J) Section 216(d)(1)(A)(i)(III) (8 U.S.C.

9 1186a(d)(1)(A)(i)(III)).

10 (K) Subsection (b) of section 240 (8 U.S.C.

11 1230), before redesignation as section 240C by

12 section 304(a)(2).

13 (L) Subsection (a)(1)(G) of section 241 (8

14 U.S.C. 1251), before redesignation as section 237

15 by section 305(a)(2).

16 (M) Subsection (a)(1)(H) of section 241 (8

17 U.S.C. 1251), before redesignation as section 237

18 by section 305(a)(2), other than the last time it

19 appears.

20 (N) Paragraphs (2) and (4) of subsection

21 (a) of section 241 (8 U.S.C. 1251), before redesig22 nation as section 237 by section 305(a)(2).

23 (O) Section 245(e)(3) (8 U.S.C. 1255(e)(3)).

24 (P) Section 247(a) (8 U.S.C. 1257(a)).
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1 (Q) Section 601(c)(2) of the Immigration

2 Act of 1990.

3 (2) The following provisions are amended by

4 striking ‘‘enter’’ and inserting ‘‘be admitted’’:

5 (A) Section 204(e) (8 U.S.C. 1154(e)).

6 (B) Section 221(h) (8 U.S.C. 1201(h)).

7 (C) Section 245(e)(2) (8 U.S.C. 1255(e)(2)).

8 (3) The following provisions are amended by

9 striking ‘‘enters’’ and inserting ‘‘is admitted to’’:

10 (A) Section 212(j)(1)(D)(ii) (8 U.S.C.

11 1154(e)).

12 (B) Section 214(c)(5)(B) (8 U.S.C.

13 1184(c)(5)(B)).

14 (4) Subsection (a) of section 238 (8 U.S.C.

15 1228), before redesignation as section 233 by section

16 308(b)(4), is amended by striking ‘‘entry and inspec17 tion’’ and inserting ‘‘inspection and admission’’.

18 (5) Subsection (a)(1)(H)(ii) of section 241 (8

19 U.S.C. 1251), before redesignation as section 237 by

20 section 305(a)(2), is amended by striking ‘‘at entry’’.

21 (6) Section 7 of the Central Intelligence Agency

22 Act of 1949 (50 U.S.C. 403h) is amended by striking

23 ‘‘that the entry’’, ‘‘given entry into’’, and ‘‘entering’’

24 and inserting ‘‘that the admission’’, ‘‘admitted to’’,

25 and ‘‘admitted to’’.
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1 (7) Section 4 of the Atomic Weapons and Special

2 Nuclear Materials Rewards Act (50 U.S.C. 47c) is

3 amended by striking ‘‘entry’’ and inserting ‘‘admis4 sion’’.

5 (g) CONFORMING REFERENCES TO REORGANIZED SEC6 TIONS.—

7 (1) REFERENCES TO SECTIONS 232, 234, 238, 239,

8 240, 241, 242A, AND 244A.—Any reference in law in ef9 fect on the day before the date of the enactment of this

10 Act to section 232, 234, 238, 239, 240, 241, 242A, or

11 244A of the Immigration and Nationality Act (or a

12 subdivision of such section) is deemed, as of the title

13 III–A effective date, to refer to section 232(a), 232(b),

14 233, 234, 234A, 237, 238, or 244 of such Act (or the

15 corresponding subdivision of such section), as redesig16 nated by this subtitle. Any reference in law to section

17 241 (or a subdivision of such section) of the Immigra18 tion and Nationality Act in an amendment made by

19 a subsequent subtitle of this title is deemed a reference

20 (as of the title III–A effective date) to section 237 (or

21 the corresponding subdivision of such section), as re22 designated by this subtitle.

23 (2) REFERENCES TO SECTION 106.—

24 (A) Sections 242A(b)(3) and

25 242A(c)(3)(A)(ii) (8 U.S.C. 1252a(b)(3),
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1 1252a(c)(3)(A)(ii)), as amended by section

2 851(b)(14) but before redesignation as section

3 238 by subsection (b)(5), are each amended by

4 striking ‘‘106’’ and inserting ‘‘242’’.

5 (B) Sections 210(e)(3)(A) and

6 245A(f)(4)(A) (8 U.S.C. 1160(e)(3)(A),

7 1255a(f)(4)(A)) are amended by inserting ‘‘(as

8 in effect before October 1, 1996)’’ after ‘‘106’’.

9 (C) Section 242A(c)(3)(A)(iii) (8 U.S.C.

10 1252a(c)(3)(A)(iii)), as amended by section

11 851(b)(14) but before redesignation as section

12 238 by subsection (b)(5), is amended by striking

13 ‘‘106(a)(1)’’ and inserting ‘‘242(b)(1)’’.

14 (3) REFERENCES TO SECTION 236.—

15 (A) Sections 205 and 209(a)(1) (8 U.S.C.

16 1155, 1159(a)(1)) are each amended by striking

17 ‘‘236’’ and inserting ‘‘240’’.

18 (B) Section 4113(c) of title 18, United

19 States Code, is amended by striking ‘‘1226 of

20 title 8, United States Code’’ and inserting ‘‘240

21 of the Immigration and Nationality Act’’.

22 (4) REFERENCES TO SECTION 237.—

23 (A) Section 209(a)(1) (8 U.S.C. 1159(a)(1))

24 is amended by striking ‘‘237’’ and inserting

25 ‘‘241’’.
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1 (B) Section 212(d)(7) (8 U.S.C. 1182(d)(7))

2 is amended by striking ‘‘237(a)’’ and inserting

3 ‘‘241(c)’’.

4 (C) Section 280(a) (8 U.S.C. 1330(a)) is

5 amended by striking ‘‘237, 239, 243’’ and insert6 ing ‘‘234, 243(c)(2)’’.

7 (5) REFERENCES TO SECTION 242.—

8 (A)(i) Sections 214(d), 252(b), and

9 287(f)(1) (8 U.S.C. 1184(d), 1282(b), 1357(f)(1))

10 are each amended by striking ‘‘242’’ and insert11 ing ‘‘240’’.

12 (ii) Subsection (c)(4) of section 242A (8

13 U.S.C. 1252a), as amended by section 851(b)(14)

14 but before redesignation as section 238 by sub15 section (b)(5), are each amended by striking

16 ‘‘242’’ and inserting ‘‘240’’.

17 (iii) Section 245A(a)(1)(B) (8 U.S.C.

18 1255a(a)(1)(B)) is amended by inserting ‘‘(as in

19 effect before October 1, 1996)’’ after ‘‘242’’.

20 (iv) Section 4113 of title 18, United States

21 Code, is amended—

22 (I) in subsection (a), by striking ‘‘sec23 tion 1252(b) or section 1254(e) of title 8,

24 United States Code,’’ and inserting ‘‘section
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1 240B of the Immigration and Nationality

2 Act’’; and

3 (II) in subsection (b), by striking ‘‘sec4 tion 1252 of title 8, United States Code,’’

5 and inserting ‘‘section 240 of the Immigra6 tion and Nationality Act’’.

7 (B) Section 130002(a) of Public Law 103–

8 322, as amended by section 361(a), is amended

9 by striking ‘‘242(a)(3)(A)’’ and inserting

10 ‘‘236(d)’’.

11 (C) Section 242A(b)(1) (8 U.S.C.

12 1252a(b)(1)), before redesignation as section 238

13 by section 308(b)(5), is amended by striking

14 ‘‘242(b)’’ and inserting ‘‘240’’.

15 (D) Section 242A(c)(2)(D)(ii) (8 U.S.C.

16 1252a(c)(2)(D)(ii)), as amended by section

17 851(b)(14) but before redesignation as section

18 238 by subsection (b)(5), is amended by striking

19 ‘‘242(b)’’ and inserting ‘‘240’’.

20 (E) Section 1821(e) of title 28, United

21 States Code, is amended by striking ‘‘242(b)’’

22 and inserting ‘‘240’’.

23 (F) Section 130007(a) of Public Law 103–

24 322 is amended by striking ‘‘242(i)’’ and insert25 ing ‘‘239(d)’’.
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1 (G) Section 20301(c) of Public Law 103–

2 322 is amended by striking ‘‘242(j)(5)’’ and

3 ‘‘242(j)’’ and inserting ‘‘241(h)(5)’’ and

4 ‘‘241(h)’’, respectively.

5 (6) REFERENCES TO SECTION 242B.—

6 (A) Section 303(d)(2) of the Immigration

7 Act of 1990 is amended by striking ‘‘242B’’ and

8 inserting ‘‘240(b)(5)’’.

9 (B) Section 545(g)(1)(B) of the Immigra10 tion Act of 1990 is amended by striking

11 ‘‘242B(a)(4)’’ and inserting ‘‘239(a)(4)’’.

12 (7) REFERENCES TO SECTION 243.—

13 (A) Section 214(d) (8 U.S.C. 1184(d)) is

14 amended by striking ‘‘243’’ and inserting ‘‘241’’.

15 (B)(i) Section 315(c) of the Immigration

16 Reform and Control Act of 1986 is amended by

17 striking ‘‘243(g)’’ and ‘‘1253(g)’’and inserting

18 ‘‘243(d)’’ and ‘‘1253(d)’’ respectively.

19 (ii) Section 702(b) of the Departments of

20 Commerce, Justice, and State, the Judiciary,

21 and Related Agencies Appropriations Act, 1988

22 is amended by striking ‘‘243(g)’’ and inserting

23 ‘‘243(d)’’.
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1 (iii) Section 903(b) of Public Law 100–204

2 is amended by striking ‘‘243(g)’’ and inserting

3 ‘‘243(d)’’.

4 (C)(i) Section 6(f)(2)(F) of the Food Stamp

5 Act of 1977 (7 U.S.C. 2015(f)(2)(F)) is amended

6 by striking ‘‘243(h)’’ and inserting ‘‘241(b)(3)’’.

7 (ii) Section 214(a)(5) of the Housing and

8 Community Development Act of 1980 (42 U.S.C.

9 1436a(a)(5)) is amended by striking ‘‘243(h)’’

10 and inserting ‘‘241(b)(3)’’.

11 (D)(i) Subsection (c)(2)(B)(ii) of section

12 244A (8 U.S.C. 1254a), before redesignated as

13 section 244 by section 308(b)(7), is amended by

14 striking ‘‘243(h)(2)’’ and inserting

15 ‘‘208(b)(2)(A)’’.

16 (ii) Section 301(e)(2) of the Immigration

17 Act of 1990 is amended by striking ‘‘243(h)(2)’’

18 and inserting ‘‘208(b)(2)(A)’’.

19 (E) Section 316(f) (8 U.S.C. 1427(f)) is

20 amended by striking ‘‘subparagraphs (A)

21 through (D) of paragraph 243(h)(2)’’ and insert22 ing ‘‘clauses (i) through (v) of section

23 208(b)(2)(A)’’.

24 (8) REFERENCES TO SECTION 244.—
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1 (A)(i) Section 201(b)(1)(D) (8 U.S.C.

2 1151(b)(1)(D)) and subsection (e) of section

3 244A (8 U.S.C. 1254a), before redesignation as

4 section 244 by section 308(b)(7), are each

5 amended by striking ‘‘244(a)’’ and inserting

6 ‘‘240A(a)’’.

7 (ii) Section 304(c)(1)(B) of the Miscellane8 ous and Technical Immigration and Naturaliza9 tion Amendments of 1991 (Public Law 102–232)

10 is amended by striking ‘‘244(a)’’ and inserting

11 ‘‘240A(a)’’.

12 (B) Section 304(c)(1)(B) of the Miscellane13 ous and Technical Immigration and Naturaliza14 tion Amendments of 1991 (Public Law 102–232)

15 is amended by striking ‘‘244(b)(2)’’ and insert16 ing ‘‘240A(b)(2)’’.

17 (C) Section 364(a)(2) of this Act is amend18 ed by striking ‘‘244(a)(3)’’ and inserting

19 ‘‘240A(a)(3)’’.

20 (9) REFERENCES TO CHAPTER 5.—

21 (A) Sections 266(b), 266(c), and 291 (8

22 U.S.C. 1306(b), 1306(c), 1361) are each amended

23 by striking ‘‘chapter 5’’ and inserting ‘‘chapter

24 4’’.
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1 (B) Section 6(b) of the Act of August 1,

2 1956 (50 U.S.C. 855(b)) is amended by striking

3 ‘‘chapter 5, title II, of the Immigration and Na4 tionality Act (66 Stat. 163)’’ and inserting

5 ‘‘chapter 4 of title II of the Immigration and

6 Nationality Act’’.

7 (10) MISCELLANEOUS CROSS-REFERENCE COR8 RECTIONS FOR NEWLY ADDED PROVISIONS.—

9 (A) Section 245(c)(6), as amended by sec10 tion 332(d), is amended by striking

11 ‘‘241(a)(4)(B)’’ and inserting ‘‘237(a)(4)(B)’’.

12 (B) Section 249(d), as amended by section

13 332(e), is amended by striking ‘‘241(a)(4)(B)’’

14 and inserting ‘‘237(a)(4)(B)’’.

15 (C) Section 276(b)(3), as inserted by section

16 321(b), is amended by striking ‘‘excluded’’ and

17 ‘‘excludable’’ and inserting ‘‘removed’’ and ‘‘in18 admissible’’, respectively.

19 (D) Section 505(c)(7), as added by section

20 321(a)(1), is amended by amending subpara21 graphs (B) through (D) to read as follows:

22 ‘‘(B) Withholding of removal under section

23 241(b)(3).

24 ‘‘(C) Cancellation of removal under section

25 240A.
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1 ‘‘(D) Voluntary departure under section

2 240B.’’.

3 (E) Section 506(b)(2)(B), as added by sec4 tion 321(a)(1), is amended by striking ‘‘deporta5 tion’’ and inserting ‘‘removal’’.

6 (F) Section 508(c)(2)(D), as added by sec7 tion 321(a)(1), is amended by striking ‘‘exclu8 sion because such alien is excludable’’ and insert9 ing ‘‘removal because such alien is inadmis10 sible’’.

11 (G) Section 130007(a) of the Violent Crime

12 Control and Law Enforcement Act of 1994 (Pub13 lic Law 103–322), as amended by section

14 851(a)(6), is amended by striking ‘‘242A(a)(3)’’

15 and inserting ‘‘238(a)(3)’’.

16 SEC. 309. EFFECTIVE DATES; TRANSITION.

17 (a) IN GENERAL.—Except as provided in this section

18 and section 301(f), this subtitle and the amendments made

19 by this subtitle shall take effect on the first day of the first

20 month beginning more than 180 days after the date of the

21 enactment of this Act (in this title referred to as the ‘‘title

22 III–A effective date’’).

23 (b) PROMULGATION OF REGULATIONS.—The Attorney

24 General shall first promulgate regulations to carry out this
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1 subtitle by not later than 30 days before the title III–A effec2 tive date.

3 (c) TRANSITION FOR ALIENS IN PROCEEDINGS.—

4 (1) GENERAL RULE THAT NEW RULES DO NOT

5 APPLY.—Subject to the succeeding provisions of this

6 subsection, in the case of an alien who is in exclusion

7 or deportation proceedings as of the title III–A effec8 tive date—

9 (A) the amendments made by this subtitle

10 shall not apply, and

11 (B) the proceedings (including judicial re12 view thereof) shall continue to be conducted with13 out regard to such amendments.

14 (2) ATTORNEY GENERAL OPTION TO ELECT TO

15 APPLY NEW PROCEDURES.—In a case described in

16 paragraph (1) in which an evidentiary hearing under

17 section 236 or 242 and 242B of the Immigration and

18 Nationality Act has not commenced as of the title

19 III–A effective date, the Attorney General may elect

20 to proceed under chapter 4 of title II of such Act (as

21 amended by this subtitle). The Attorney General shall

22 provide notice of such election to the alien involved

23 not later than 30 days before the date any evidentiary

24 hearing is commenced. If the Attorney General makes

25 such election, the notice of hearing provided to the
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1 alien under section 235 or 242(a) of such Act shall be

2 valid as if provided under section 239 of such Act (as

3 amended by this subtitle) to confer jurisdiction on the

4 immigration judge.

5 (3) ATTORNEY GENERAL OPTION TO TERMINATE

6 AND REINITIATE PROCEEDINGS.—In the case described

7 in paragraph (1), the Attorney General may elect to

8 terminate proceedings in which there has not been a

9 final administrative decision and to reinitiate pro10 ceedings under chapter 4 of title II the Immigration

11 and Nationality Act (as amended by this subtitle).

12 Any determination in the terminated proceeding shall

13 not be binding in the reinitiated proceeding.

14 (4) TRANSITIONAL CHANGES IN JUDICIAL RE15 VIEW.—In the case described in paragraph (1) in

16 which a final order of exclusion or deportation is en17 tered more than 30 days after the date of the enact18 ment of this Act, notwithstanding any provision of

19 section 106 of the Immigration and Nationality Act

20 (as in effect as of the date of the enactment of this

21 Act) to the contrary—

22 (A) in the case of judicial review of a final

23 order of exclusion, subsection (b) of such section

24 shall not apply and the action for judicial re25 view shall be governed by the provisions of sub-
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1 sections (a) and (c) of such in the same manner

2 as they apply to judicial review of orders of de3 portation;

4 (B) a court may not order the taking of ad5 ditional evidence under section 2347(c) of title

6 28, United States Code;

7 (C) the petition for judicial review must be

8 filed not later than 30 days after the date of the

9 final order of exclusion or deportation; and

10 (D) the petition for review shall be filed

11 with the court of appeals for the judicial circuit

12 in which the administrative proceedings before

13 the special inquiry officer or immigration judge

14 were completed.

15 (5) TRANSITIONAL RULE WITH REGARD TO SUS16 PENSION OF DEPORTATION.—Paragraphs (1) and (2)

17 of section 240A(d) of the Immigration and National18 ity Act (relating to continuous residence or physical

19 presence) shall apply to notices to appear issued after

20 the date of the enactment of this Act.

21 (6) TRANSITION FOR CERTAIN FAMILY UNITY

22 ALIENS.—The Attorney General may waive the appli23 cation of section 212(a)(9) of the Immigration and

24 Nationality Act, as inserted by section 301(b)(1), in

25 the case of an alien who is provided benefits under the
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1 provisions of section 301 of the Immigration Act of

2 1990 (relating to family unity).

3 (d) TRANSITIONAL REFERENCES.—For purposes of

4 carrying out the Immigration and Nationality Act, as

5 amended by this subtitle—

6 (1) any reference in section 212(a)(1)(A) of such

7 Act to the term ‘‘inadmissible’’ is deemed to include

8 a reference to the term ‘‘excludable’’, and

9 (2) any reference in law to an order of removal

10 shall be deemed to include a reference to an order of

11 exclusion and deportation or an order of deportation.

12 (e) TRANSITION.—No period of time before the date of

13 the enactment of this Act shall be included in the period

14 of 1 year described in section 212(a)(6)(B)(i) of the Immi15 gration and Nationality Act (as amended by section

16 301(c)).

17 Subtitle B—Removal of Alien

18 Terrorists

19 PART 1—REMOVAL PROCEDURES FOR ALIEN

20 TERRORISTS

21 SEC. 321. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

22 (a) IN GENERAL.—The Immigration and Nationality

23 Act is amended—

24 (1) by adding at the end of the table of contents

25 the following:
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‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

‘‘Sec. 501. Definitions.

‘‘Sec. 502. Establishment of special removal court; panel of attorneys to assist

with classified information.

‘‘Sec. 503. Application for initiation of special removal proceeding.

‘‘Sec. 504. Consideration of application.

‘‘Sec. 505. Special removal hearings.

‘‘Sec. 506. Consideration of classified information.

‘‘Sec. 507. Appeals.

‘‘Sec. 508. Detention and custody.’’,

1 and

2 (2) by adding at the end the following new title:

3 ‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR

4 ALIEN TERRORISTS

5 ‘‘DEFINITIONS

6 ‘‘SEC. 501. In this title:

7 ‘‘(1) The term ‘alien terrorist’ means an alien

8 described in section 241(a)(4)(B).

9 ‘‘(2) The term ‘classified information’ has the

10 meaning given such term in section 1(a) of the Classi11 fied Information Procedures Act (18 U.S.C. App.).

12 ‘‘(3) The term ‘national security’ has the mean13 ing given such term in section 1(b) of the Classified

14 Information Procedures Act (18 U.S.C. App.).

15 ‘‘(4) The term ‘special attorney’ means an attor16 ney who is on the panel established under section

17 502(e).

18 ‘‘(5) The term ‘special removal court’ means the

19 court established under section 502(a).
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1 ‘‘(6) The term ‘special removal hearing’ means a

2 hearing under section 505.

3 ‘‘(7) The term ‘special removal proceeding’

4 means a proceeding under this title.

5 ‘‘ESTABLISHMENT OF SPECIAL REMOVAL COURT; PANEL OF

6 ATTORNEYS TO ASSIST WITH CLASSIFIED INFORMATION

7 ‘‘SEC. 502. (a) IN GENERAL.—The Chief Justice of the

8 United States shall publicly designate 5 district court

9 judges from 5 of the United States judicial circuits who

10 shall constitute a court which shall have jurisdiction to con11 duct all special removal proceedings.

12 ‘‘(b) TERMS.—Each judge designated under subsection

13 (a) shall serve for a term of 5 years and shall be eligible

14 for redesignation, except that the four associate judges first

15 so designated shall be designated for terms of one, two, three,

16 and four years so that the term of one judge shall expire

17 each year.

18 ‘‘(c) CHIEF JUDGE.—The Chief Justice shall publicly

19 designate one of the judges of the special removal court to

20 be the chief judge of the court. The chief judge shall promul21 gate rules to facilitate the functioning of the court and shall

22 be responsible for assigning the consideration of cases to the

23 various judges.

24 ‘‘(d) EXPEDITIOUS AND CONFIDENTIAL NATURE OF

25 PROCEEDINGS.—The provisions of section 103(c) of the For26 eign Intelligence Surveillance Act of 1978 (50 U.S.C.
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1 1803(c)) shall apply to proceedings under this title in the

2 same manner as they apply to proceedings under such Act.

3 ‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL ATTOR4 NEYS.—The special removal court shall provide for the des5 ignation of a panel of attorneys each of whom—

6 ‘‘(1) has a security clearance which affords the

7 attorney access to classified information, and

8 ‘‘(2) has agreed to represent permanent resident

9 aliens with respect to classified information under

10 section 506 in accordance with (and subject to the

11 penalties under) this title.

12 ‘‘APPLICATION FOR INITIATION OF SPECIAL REMOVAL

13 PROCEEDING

14 ‘‘SEC. 503. (a) IN GENERAL.—Whenever the Attorney

15 General has classified information that an alien is an alien

16 terrorist, the Attorney General, in the Attorney General’s

17 discretion, may seek removal of the alien under this title

18 through the filing of a written application described in sub19 section (b) with the special removal court seeking an order

20 authorizing a special removal proceeding under this title.

21 The application shall be submitted in camera and ex parte

22 and shall be filed under seal with the court.

23 ‘‘(b) CONTENTS OF APPLICATION.—Each application

24 for a special removal proceeding shall include all of the fol25 lowing:
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1 ‘‘(1) The identity of the Department of Justice

2 attorney making the application.

3 ‘‘(2) The approval of the Attorney General or the

4 Deputy Attorney General for the filing of the applica5 tion based upon a finding by that individual that the

6 application satisfies the criteria and requirements of

7 this title.

8 ‘‘(3) The identity of the alien for whom author9 ization for the special removal proceedings is sought.

10 ‘‘(4) A statement of the facts and circumstances

11 relied on by the Department of Justice to establish

12 that—

13 ‘‘(A) the alien is an alien terrorist and is

14 physically present in the United States, and

15 ‘‘(B) with respect to such alien, adherence to

16 the provisions of title II regarding the removal

17 of aliens would pose a risk to the national secu18 rity of the United States.

19 ‘‘(5) An oath or affirmation respecting each of

20 the facts and statements described in the previous

21 paragraphs.

22 ‘‘(c) RIGHT TO DISMISS.—The Department of Justice

23 retains the right to dismiss a removal action under this

24 title at any stage of the proceeding.
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1 ‘‘CONSIDERATION OF APPLICATION

2 ‘‘SEC. 504. (a) IN GENERAL.—In the case of an appli3 cation under section 503 to the special removal court, a sin4 gle judge of the court shall be assigned to consider the appli5 cation. The judge, in accordance with the rules of the court,

6 shall consider the application and may consider other infor7 mation, including classified information, presented under

8 oath or affirmation. The judge shall consider the applica9 tion (and any hearing thereof) in camera and ex parte. A

10 verbatim record shall be maintained of any such hearing.

11 ‘‘(b) APPROVAL OF ORDER.—The judge shall enter ex

12 parte the order requested in the application if the judge

13 finds, on the basis of such application and such other infor14 mation (if any), that there is probable cause to believe

15 that—

16 ‘‘(1) the alien who is the subject of the applica17 tion has been correctly identified and is an alien ter18 rorist, and

19 ‘‘(2) adherence to the provisions of title II re20 garding the removal of the identified alien would pose

21 a risk to the national security of the United States.

22 ‘‘(c) DENIAL OF ORDER.—If the judge denies the order

23 requested in the application, the judge shall prepare a writ24 ten statement of the judge’s reasons for the denial.
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1 ‘‘(d) EXCLUSIVE PROVISIONS.—Whenever an order is

2 issued under this section with respect to an alien—

3 ‘‘(1) the alien’s rights regarding removal and ex4 pulsion shall be governed solely by the provisions of

5 this title, and

6 ‘‘(2) except as they are specifically referenced, no

7 other provisions of this Act shall be applicable.

8 ‘‘SPECIAL REMOVAL HEARINGS

9 ‘‘SEC. 505. (a) IN GENERAL.—In any case in which

10 the application for the order is approved under section 504,

11 a special removal hearing shall be conducted under this sec12 tion for the purpose of determining whether the alien to

13 whom the order pertains should be removed from the United

14 States on the grounds that the alien is an alien terrorist.

15 Consistent with section 506, the alien shall be given reason16 able notice of the nature of the charges against the alien

17 and a general account of the basis for the charges. The alien

18 shall be given notice, reasonable under all the cir19 cumstances, of the time and place at which the hearing will

20 be held. The hearing shall be held as expeditiously as pos21 sible.

22 ‘‘(b) USE OF SAME JUDGE.—The special removal hear23 ing shall be held before the same judge who granted the order

24 pursuant to section 504 unless that judge is deemed un25 available due to illness or disability by the chief judge of

26 the special removal court, or has died, in which case the
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1 chief judge shall assign another judge to conduct the special

2 removal hearing. A decision by the chief judge pursuant to

3 the preceding sentence shall not be subject to review by ei4 ther the alien or the Department of Justice.

5 ‘‘(c) RIGHTS IN HEARING.—

6 ‘‘(1) PUBLIC HEARING.—The special removal

7 hearing shall be open to the public.

8 ‘‘(2) RIGHT OF COUNSEL.—The alien shall have

9 a right to be present at such hearing and to be rep10 resented by counsel. Any alien financially unable to

11 obtain counsel shall be entitled to have counsel as12 signed to represent the alien. Such counsel shall be

13 appointed by the judge pursuant to the plan for fur14 nishing representation for any person financially un15 able to obtain adequate representation for the district

16 in which the hearing is conducted, as provided for in

17 section 3006A of title 18, United States Code. All pro18 visions of that section shall apply and, for purposes

19 of determining the maximum amount of compensa20 tion, the matter shall be treated as if a felony was

21 charged.

22 ‘‘(3) INTRODUCTION OF EVIDENCE.—The alien

23 shall have a right to introduce evidence on the alien’s

24 own behalf.
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1 ‘‘(4) EXAMINATION OF WITNESSES.—Except as

2 provided in section 506, the alien shall have a reason3 able opportunity to examine the evidence against the

4 alien and to cross-examine any witness.

5 ‘‘(5) RECORD.—A verbatim record of the pro6 ceedings and of all testimony and evidence offered or

7 produced at such a hearing shall be kept.

8 ‘‘(6) DECISION BASED ON EVIDENCE AT HEAR9 ING.—The decision of the judge in the hearing shall

10 be based only on the evidence introduced at the hear11 ing, including evidence introduced under subsection

12 (e).

13 ‘‘(7) NO RIGHT TO ANCILLARY RELIEF.—In the

14 hearing, the judge is not authorized to consider or

15 provide for relief from removal based on any of the

16 following:

17 ‘‘(A) Asylum under section 208.

18 ‘‘(B) Withholding of deportation under sec19 tion 243(h).

20 ‘‘(C) Suspension of deportation under sec21 tion 244(a).

22 ‘‘(D) Voluntary departure under section

23 244(e).

24 ‘‘(E) Adjustment of status under section

25 245.
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1 ‘‘(F) Registry under section 249.

2 ‘‘(d) SUBPOENAS.—

3 ‘‘(1) REQUEST.—At any time prior to the con4 clusion of the special removal hearing, either the alien

5 or the Department of Justice may request the judge

6 to issue a subpoena for the presence of a named wit7 ness (which subpoena may also command the person

8 to whom it is directed to produce books, papers, docu9 ments, or other objects designated therein) upon a sat10 isfactory showing that the presence of the witness is

11 necessary for the determination of any material mat12 ter. Such a request may be made ex parte except that

13 the judge shall inform the Department of Justice of

14 any request for a subpoena by the alien for a witness

15 or material if compliance with such a subpoena

16 would reveal evidence or the source of evidence which

17 has been introduced, or which the Department of Jus18 tice has received permission to introduce, in camera

19 and ex parte pursuant to subsection (e) and section

20 506, and the Department of Justice shall be given a

21 reasonable opportunity to oppose the issuance of such

22 a subpoena.

23 ‘‘(2) PAYMENT FOR ATTENDANCE.—If an appli24 cation for a subpoena by the alien also makes a show25 ing that the alien is financially unable to pay for the
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1 attendance of a witness so requested, the court may

2 order the costs incurred by the process and the fees of

3 the witness so subpoenaed to be paid from funds ap4 propriated for the enforcement of title II.

5 ‘‘(3) NATIONWIDE SERVICE.—A subpoena under

6 this subsection may be served anywhere in the United

7 States.

8 ‘‘(4) WITNESS FEES.—A witness subpoenaed

9 under this subsection shall receive the same fees and

10 expenses as a witness subpoenaed in connection with

11 a civil proceeding in a court of the United States.

12 ‘‘(5) NO ACCESS TO CLASSIFIED INFORMATION.—

13 Nothing in this subsection is intended to allow an

14 alien to have access to classified information.

15 ‘‘(e) INTRODUCTION OF CLASSIFIED INFORMATION.—

16 ‘‘(1) IN GENERAL.—When classified information

17 has been summarized pursuant to section 506(b) or

18 where a finding has been made under section

19 506(b)(5) that no summary is possible, classified in20 formation shall be introduced (either in writing or

21 through testimony) in camera and ex parte and nei22 ther the alien nor the public shall be informed of such

23 evidence or its sources other than through reference to

24 the summary provided pursuant to such section. Not25 withstanding the previous sentence, the Department of
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1 Justice may, in its discretion and, in the case of clas2 sified information, after coordination with the origi3 nating agency, elect to introduce such evidence in

4 open session.

5 ‘‘(2) TREATMENT OF ELECTRONIC SURVEILLANCE

6 INFORMATION.—

7 ‘‘(A) USE OF ELECTRONIC SURVEIL8 LANCE.—The Government is authorized to use in

9 a special removal proceedings the fruits of elec10 tronic surveillance and unconsented physical

11 searches authorized under the Foreign Intel12 ligence Surveillance Act of 1978 (50 U.S.C. 1801

13 et seq.) without regard to subsections (c), (e), (f),

14 (g), and (h) of section 106 of that Act.

15 ‘‘(B) NO DISCOVERY OF ELECTRONIC SUR16 VEILLANCE INFORMATION.—An alien subject to

17 removal under this title shall have no right of

18 discovery of information derived from electronic

19 surveillance authorized under the Foreign Intel20 ligence Surveillance Act of 1978 or otherwise for

21 national security purposes. Nor shall such alien

22 have the right to seek suppression of evidence.

23 ‘‘(C) CERTAIN PROCEDURES NOT APPLICA24 BLE.—The provisions and requirements of sec-
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1 tion 3504 of title 18, United States Code, shall

2 not apply to procedures under this title.

3 ‘‘(3) RIGHTS OF UNITED STATES.—Nothing in

4 this section shall prevent the United States from seek5 ing protective orders and from asserting privileges or6 dinarily available to the United States to protect

7 against the disclosure of classified information, in8 cluding the invocation of the military and state se9 crets privileges.

10 ‘‘(f) INCLUSION OF CERTAIN EVIDENCE.—The Federal

11 Rules of Evidence shall not apply to hearings under this

12 section. Evidence introduced at the special removal hearing,

13 either in open session or in camera and ex parte, may, in

14 the discretion of the Department of Justice, include all or

15 part of the information presented under section 504 used

16 to obtain the order for the hearing under this section.

17 ‘‘(g) ARGUMENTS.—Following the receipt of evidence,

18 the attorneys for the Department of Justice and for the alien

19 shall be given fair opportunity to present argument as to

20 whether the evidence is sufficient to justify the removal of

21 the alien. The attorney for the Department of Justice shall

22 open the argument. The attorney for the alien shall be per23 mitted to reply. The attorney for the Department of Justice

24 shall then be permitted to reply in rebuttal. The judge may

25 allow any part of the argument that refers to evidence re-
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1 ceived in camera and ex parte to be heard in camera and

2 ex parte.

3 ‘‘(h) BURDEN OF PROOF.—In the hearing the Depart4 ment of Justice has the burden of showing by clear and con5 vincing evidence that the alien is subject to removal because

6 the alien is an alien terrorist. If the judge finds that the

7 Department of Justice has met this burden, the judge shall

8 order the alien removed and detained pending removal from

9 the United States. If the alien was released pending the spe10 cial removal hearing, the judge shall order the Attorney

11 General to take the alien into custody.

12 ‘‘(i) WRITTEN ORDER.—At the time of rendering a de13 cision as to whether the alien shall be removed, the judge

14 shall prepare a written order containing a statement of

15 facts found and conclusions of law. Any portion of the order

16 that would reveal the substance or source of information

17 received in camera and ex parte pursuant to subsection (e)

18 shall not be made available to the alien or the public.

19 ‘‘CONSIDERATION OF CLASSIFIED INFORMATION

20 ‘‘SEC. 506. (a) CONSIDERATION IN CAMERA AND EX

21 PARTE.—In any case in which the application for the order

22 authorizing the special procedures of this title is approved,

23 the judge who granted the order shall consider each item

24 of classified information the Department of Justice proposes

25 to introduce in camera and ex parte at the special removal

26 hearing and shall order the introduction of such informa-
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1 tion pursuant to section 505(e) if the judge determines the

2 information to be relevant.

3 ‘‘(b) PREPARATION AND PROVISION OF WRITTEN SUM4 MARY.—

5 ‘‘(1) PREPARATION.—The Department of Justice

6 shall prepare a written summary of such classified

7 information which does not pose a risk to national se8 curity.

9 ‘‘(2) CONDITIONS FOR APPROVAL BY JUDGE AND

10 PROVISION TO ALIEN.—The judge shall approve the

11 summary so long as the judge finds that the summary

12 is sufficient—

13 ‘‘(A) to inform the alien of the general na14 ture of the evidence that the alien is an alien ter15 rorist, and

16 ‘‘(B) to permit the alien to prepare a de17 fense against deportation.

18 The Department of Justice shall cause to be delivered

19 to the alien a copy of the summary.

20 ‘‘(3) OPPORTUNITY FOR CORRECTION AND

21 RESUBMITTAL.—If the judge does not approve the

22 summary, the judge shall provide the Department a

23 reasonable opportunity to correct the deficiencies

24 identified by the court and to submit a revised sum25 mary.
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1 ‘‘(4) CONDITIONS FOR TERMINATION OF PRO2 CEEDINGS IF SUMMARY NOT APPROVED.—

3 ‘‘(A) IN GENERAL.—If, subsequent to the op4 portunity described in paragraph (3), the judge

5 does not approve the summary, the judge shall

6 terminate the special removal hearing unless the

7 judge makes the findings described in subpara8 graph (B).

9 ‘‘(B) FINDINGS.—The findings described in

10 this subparagraph are, with respect to an alien,

11 that—

12 ‘‘(i) the continued presence of the alien

13 in the United States would likely cause seri14 ous and irreparable harm to the national

15 security or death or serious bodily injury to

16 any person, and

17 ‘‘(ii) the provision of the required sum18 mary would likely cause serious and irrep19 arable harm to the national security or

20 death or serious bodily injury to any per21 son.

22 ‘‘(5) CONTINUATION OF HEARING WITHOUT SUM23 MARY.—If a judge makes the findings described in

24 paragraph (4)(B)—
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1 ‘‘(A) if the alien involved is an alien law2 fully admitted for permanent residence, the pro3 cedures described in subsection (c) shall apply;

4 and

5 ‘‘(B) in all cases the special removal hear6 ing shall continue, the Department of Justice

7 shall cause to be delivered to the alien a state8 ment that no summary is possible, and the clas9 sified information submitted in camera and ex

10 parte may be used pursuant to section 505(e).

11 ‘‘(c) SPECIAL PROCEDURES FOR ACCESS AND CHAL12 LENGES TO CLASSIFIED INFORMATION BY SPECIAL ATTOR13 NEYS IN CASE OF LAWFUL PERMANENT ALIENS.—

14 ‘‘(1) IN GENERAL.—The procedures described in

15 this subsection are that the judge (under rules of the

16 special removal court) shall designate a special attor17 ney to assist the alien—

18 ‘‘(A) by reviewing in camera the classified

19 information on behalf of the alien, and

20 ‘‘(B) by challenging through an in camera

21 proceeding the veracity of the evidence contained

22 in the classified information.

23 ‘‘(2) RESTRICTIONS ON DISCLOSURE.—A special

24 attorney receiving classified information under para25 graph (1)—
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1 ‘‘(A) shall not disclose the information to

2 the alien or to any other attorney representing

3 the alien, and

4 ‘‘(B) who discloses such information in vio5 lation of subparagraph (A) shall be subject to a

6 fine under title 18, United States Code, impris7 oned for not less than 10 years nor more than

8 25 years, or both.

9 ‘‘APPEALS

10 ‘‘SEC. 507. (a) APPEALS OF DENIALS OF APPLICA11 TIONS FOR ORDERS.—The Department of Justice may seek

12 a review of the denial of an order sought in an application

13 by the United States Court of Appeals for the District of

14 Columbia Circuit by notice of appeal which must be filed

15 within 20 days after the date of such denial. In such a case

16 the entire record of the proceeding shall be transmitted to

17 the Court of Appeals under seal and the Court of Appeals

18 shall hear the matter ex parte. In such a case the Court

19 of Appeals shall review questions of law de novo, but a prior

20 finding on any question of fact shall not be set aside unless

21 such finding was clearly erroneous.

22 ‘‘(b) APPEALS OF DETERMINATIONS ABOUT SUM23 MARIES OF CLASSIFIED INFORMATION.—Either party may

24 take an interlocutory appeal to the United States Court of

25 Appeals for the District of Columbia Circuit of—
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1 ‘‘(1) any determination by the judge pursuant to

2 section 506(a)—

3 ‘‘(A) concerning whether an item of evidence

4 may be introduced in camera and ex parte, or

5 ‘‘(B) concerning the contents of any sum6 mary of evidence to be introduced in camera and

7 ex parte prepared pursuant to section 506(b); or

8 ‘‘(2) the refusal of the court to make the findings

9 permitted by section 506(b)(4)(B).

10 In any interlocutory appeal taken pursuant to this sub11 section, the entire record, including any proposed order of

12 the judge or summary of evidence, shall be transmitted to

13 the Court of Appeals under seal and the matter shall be

14 heard ex parte.

15 ‘‘(c) APPEALS OF DECISION IN HEARING.—

16 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the

17 decision of the judge after a special removal hearing

18 may be appealed by either the alien or the Depart19 ment of Justice to the United States Court of Appeals

20 for the District of Columbia Circuit by notice of ap21 peal.

22 ‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA23 NENT RESIDENT ALIENS IN WHICH NO SUMMARY PRO24 VIDED.—
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1 ‘‘(A) IN GENERAL.—Unless the alien waives

2 the right to a review under this paragraph, in

3 any case involving an alien lawfully admitted

4 for permanent residence who is denied a written

5 summary of classified information under section

6 506(b)(4) and with respect to which the proce7 dures described in section 506(c) apply, any

8 order issued by the judge shall be reviewed by the

9 Court of Appeals for the District of Columbia

10 Circuit.

11 ‘‘(B) USE OF SPECIAL ATTORNEY.—With re12 spect to any issue relating to classified informa13 tion that arises in such review, the alien shall be

14 represented only by the special attorney des15 ignated under section 506(c)(1) on behalf of the

16 alien.

17 ‘‘(d) GENERAL PROVISIONS RELATING TO APPEALS.—

18 ‘‘(1) NOTICE.—A notice of appeal pursuant to

19 subsection (b) or (c) (other than under subsection

20 (c)(2)) must be filed within 20 days after the date of

21 the order with respect to which the appeal is sought,

22 during which time the order shall not be executed.

23 ‘‘(2) TRANSMITTAL OF RECORD.—In an appeal

24 or review to the Court of Appeals pursuant to sub25 section (b) or (c)—
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1 ‘‘(A) the entire record shall be transmitted

2 to the Court of Appeals, and

3 ‘‘(B) information received pursuant to sec4 tion 505(e), and any portion of the judge’s order

5 that would reveal the substance or source of such

6 information, shall be transmitted under seal.

7 ‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In

8 an appeal or review to the Court of Appeals pursuant

9 to subsection (b) or (c):

10 ‘‘(A) REVIEW.—The appeal or review shall

11 be heard as expeditiously as practicable and the

12 Court may dispense with full briefing and hear

13 the matter solely on the record of the judge of the

14 special removal court and on such briefs or mo15 tions as the Court may require to be filed by the

16 parties.

17 ‘‘(B) DISPOSITION.—The Court shall uphold

18 or reverse the judge’s order within 60 days after

19 the date of the issuance of the judge’s final order.

20 ‘‘(4) STANDARD FOR REVIEW.—In an appeal or

21 review to the Court of Appeals pursuant to subsection

22 (b) or (c):

23 ‘‘(A) QUESTIONS OF LAW.—The Court of

24 Appeals shall review all questions of law de novo.
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1 ‘‘(B) QUESTIONS OF FACT.—(i) Subject to

2 clause (ii), a prior finding on any question of

3 fact shall not be set aside unless such finding

4 was clearly erroneous.

5 ‘‘(ii) In the case of a review under sub6 section (c)(2) in which an alien lawfully admit7 ted for permanent residence was denied a writ8 ten summary of classified information under sec9 tion 506(b)(4), the Court of Appeals shall review

10 questions of fact de novo.

11 ‘‘(e) CERTIORARI.—Following a decision by the Court

12 of Appeals pursuant to subsection (b) or (c), either the alien

13 or the Department of Justice may petition the Supreme

14 Court for a writ of certiorari. In any such case, any infor15 mation transmitted to the Court of Appeals under seal shall,

16 if such information is also submitted to the Supreme Court,

17 be transmitted under seal. Any order of removal shall not

18 be stayed pending disposition of a writ of certiorari except

19 as provided by the Court of Appeals or a Justice of the Su20 preme Court.

21 ‘‘(f) APPEALS OF DETENTION ORDERS.—

22 ‘‘(1) IN GENERAL.— The provisions of sections

23 3145 through 3148 of title 18, United States Code,

24 pertaining to review and appeal of a release or deten25 tion order, penalties for failure to appear, penalties
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1 for an offense committed while on release, and sanc2 tions for violation of a release condition shall apply

3 to an alien to whom section 508(b)(1) applies. In ap4 plying the previous sentence—

5 ‘‘(A) for purposes of section 3145 of such

6 title an appeal shall be taken to the United

7 States Court of Appeals for the District of Co8 lumbia Circuit, and

9 ‘‘(B) for purposes of section 3146 of such

10 title the alien shall be considered released in con11 nection with a charge of an offense punishable by

12 life imprisonment.

13 ‘‘(2) NO REVIEW OF CONTINUED DETENTION.—

14 The determinations and actions of the Attorney Gen15 eral pursuant to section 508(c)(2)(C) shall not be sub16 ject to judicial review, including application for a

17 writ of habeas corpus, except for a claim by the alien

18 that continued detention violates the alien’s rights

19 under the Constitution. Jurisdiction over any such

20 challenge shall lie exclusively in the United States

21 Court of Appeals for the District of Columbia Circuit.

22 ‘‘DETENTION AND CUSTODY

23 ‘‘SEC. 508. (a) INITIAL CUSTODY.—

24 ‘‘(1) UPON FILING APPLICATION.—Subject to

25 paragraph (2), the Attorney General may take into

26 custody any alien with respect to whom an applica-
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1 tion under section 503 has been filed and, notwith2 standing any other provision of law, may retain such

3 an alien in custody in accordance with the procedures

4 authorized by this title.

5 ‘‘(2) SPECIAL RULES FOR PERMANENT RESIDENT

6 ALIENS.—An alien lawfully admitted for permanent

7 residence shall be entitled to a release hearing before

8 the judge assigned to hear the special removal hear9 ing. Such an alien shall be detained pending the spe10 cial removal hearing, unless the alien demonstrates to

11 the court that—

12 ‘‘(A) the alien, if released upon such terms

13 and conditions as the court may prescribe (in14 cluding the posting of any monetary amount), is

15 not likely to flee, and

16 ‘‘(B) the alien’s release will not endanger

17 national security or the safety of any person or

18 the community.

19 The judge may consider classified information sub20 mitted in camera and ex parte in making a deter21 mination under this paragraph.

22 ‘‘(3) RELEASE IF ORDER DENIED AND NO RE23 VIEW SOUGHT.—

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), if a judge of the special removal court
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1 denies the order sought in an application with

2 respect to an alien and the Department of Jus3 tice does not seek review of such denial, the alien

4 shall be released from custody.

5 ‘‘(B) APPLICATION OF REGULAR PROCE6 DURES.—Subparagraph (A) shall not prevent the

7 arrest and detention of the alien pursuant to

8 title II.

9 ‘‘(b) CONDITIONAL RELEASE IF ORDER DENIED AND

10 REVIEW SOUGHT.—

11 ‘‘(1) IN GENERAL.—If a judge of the special re12 moval court denies the order sought in an application

13 with respect to an alien and the Department of Jus14 tice seeks review of such denial, the judge shall release

15 the alien from custody subject to the least restrictive

16 condition or combination of conditions of release de17 scribed in section 3142(b) and clauses (i) through

18 (xiv) of section 3142(c)(1)(B) of title 18, United

19 States Code, that will reasonably assure the appear20 ance of the alien at any future proceeding pursuant

21 to this title and will not endanger the safety of any

22 other person or the community.

23 ‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If the

24 judge finds no such condition or combination of con-
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1 ditions, the alien shall remain in custody until the

2 completion of any appeal authorized by this title.

3 ‘‘(c) CUSTODY AND RELEASE AFTER HEARING.—

4 ‘‘(1) RELEASE.—

5 ‘‘(A) IN GENERAL.—Subject to subpara6 graph (B), if the judge decides pursuant to sec7 tion 505(i) that an alien should not be removed,

8 the alien shall be released from custody.

9 ‘‘(B) CUSTODY PENDING APPEAL.—If the

10 Attorney General takes an appeal from such de11 cision, the alien shall remain in custody, subject

12 to the provisions of section 3142 of title 18,

13 United States Code.

14 ‘‘(2) CUSTODY AND REMOVAL.—

15 ‘‘(A) CUSTODY.—If the judge decides pursu16 ant to section 505(i) that an alien shall be re17 moved, the alien shall be detained pending the

18 outcome of any appeal. After the conclusion of

19 any judicial review thereof which affirms the re20 moval order, the Attorney General shall retain

21 the alien in custody and remove the alien to a

22 country specified under subparagraph (B).

23 ‘‘(B) REMOVAL.—

24 ‘‘(i) IN GENERAL.—The removal of an

25 alien shall be to any country which the
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1 alien shall designate if such designation

2 does not, in the judgment of the Attorney

3 General, in consultation with the Secretary

4 of State, impair the obligation of the United

5 States under any treaty (including a treaty

6 pertaining to extradition) or otherwise ad7 versely affect the foreign policy of the Unit8 ed States.

9 ‘‘(ii) ALTERNATE COUNTRIES.—If the

10 alien refuses to designate a country to

11 which the alien wishes to be removed or if

12 the Attorney General, in consultation with

13 the Secretary of State, determines that re14 moval of the alien to the country so des15 ignated would impair a treaty obligation or

16 adversely affect United States foreign pol17 icy, the Attorney General shall cause the

18 alien to be removed to any country willing

19 to receive such alien.

20 ‘‘(C) CONTINUED DETENTION.—If no coun21 try is willing to receive such an alien, the Attor22 ney General may, notwithstanding any other

23 provision of law, retain the alien in custody. The

24 Attorney General, in coordination with the Sec25 retary of State, shall make periodic efforts to
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1 reach agreement with other countries to accept

2 such an alien and at least every 6 months shall

3 provide to the attorney representing the alien at

4 the special removal hearing a written report on

5 the Attorney General’s efforts. Any alien in cus6 tody pursuant to this subparagraph shall be re7 leased from custody solely at the discretion of the

8 Attorney General and subject to such conditions

9 as the Attorney General shall deem appropriate.

10 ‘‘(D) FINGERPRINTING.—Before an alien is

11 transported out of the United States pursuant to

12 this subsection, or pursuant to an order of exclu13 sion because such alien is excludable under sec14 tion 212(a)(3)(B), the alien shall be photo15 graphed and fingerprinted, and shall be advised

16 of the provisions of subsection 276(b).

17 ‘‘(d) CONTINUED DETENTION PENDING TRIAL.—

18 ‘‘(1) DELAY IN REMOVAL.—Notwithstanding the

19 provisions of subsection (c)(2), the Attorney General

20 may hold in abeyance the removal of an alien who

21 has been ordered removed pursuant to this title to

22 allow the trial of such alien on any Federal or State

23 criminal charge and the service of any sentence of

24 confinement resulting from such a trial.
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1 ‘‘(2) MAINTENANCE OF CUSTODY.—Pending the

2 commencement of any service of a sentence of confine3 ment by an alien described in paragraph (1), such an

4 alien shall remain in the custody of the Attorney Gen5 eral, unless the Attorney General determines that tem6 porary release of the alien to the custody of State au7 thorities for confinement in a State facility is appro8 priate and would not endanger national security or

9 public safety.

10 ‘‘(3) SUBSEQUENT REMOVAL.—Following the

11 completion of a sentence of confinement by an alien

12 described in paragraph (1) or following the comple13 tion of State criminal proceedings which do not result

14 in a sentence of confinement of an alien released to

15 the custody of State authorities pursuant to para16 graph (2), such an alien shall be returned to the cus17 tody of the Attorney General who shall proceed to

18 carry out the provisions of subsection (c)(2) concern19 ing removal of the alien.

20 ‘‘(e) APPLICATION OF CERTAIN PROVISIONS RELATING

21 TO ESCAPE OF PRISONERS.—For purposes of sections 751

22 and 752 of title 18, United States Code, an alien in the

23 custody of the Attorney General pursuant to this title shall

24 be subject to the penalties provided by those sections in rela-
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1 tion to a person committed to the custody of the Attorney

2 General by virtue of an arrest on a charge of a felony.

3 ‘‘(f) RIGHTS OF ALIENS IN CUSTODY.—

4 ‘‘(1) FAMILY AND ATTORNEY VISITS.—An alien

5 in the custody of the Attorney General pursuant to

6 this title shall be given reasonable opportunity to

7 communicate with and receive visits from members of

8 the alien’s family, and to contact, retain, and com9 municate with an attorney.

10 ‘‘(2) DIPLOMATIC CONTACT.—An alien in the

11 custody of the Attorney General pursuant to this title

12 shall have the right to contact an appropriate diplo13 matic or consular official of the alien’s country of

14 citizenship or nationality or of any country provid15 ing representation services therefore. The Attorney

16 General shall notify the appropriate embassy, mis17 sion, or consular office of the alien’s detention.’’.

18 (b) CRIMINAL PENALTY FOR REENTRY OF ALIEN TER19 RORISTS.—Section 276(b) (8 U.S.C. 1326(b)) is amended—

20 (1) by striking ‘‘or’’ at the end of paragraph (1),

21 (2) by striking the period at the end of para22 graph (2) and inserting ‘‘; or’’, and

23 (3) by inserting after paragraph (2) the follow24 ing new paragraph:
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1 ‘‘(3) who has been excluded from the United

2 States pursuant to subsection 235(c) because the alien

3 was excludable under subsection 212(a)(3)(B) or who

4 has been removed from the United States pursuant to

5 the provisions of title V, and who thereafter, without

6 the permission of the Attorney General, enters the

7 United States or attempts to do so shall be fined

8 under title 18, United States Code, and imprisoned

9 for a period of 10 years, which sentence shall not run

10 concurrently with any other sentence.’’.

11 (c) ELIMINATION OF CUSTODY REVIEW BY HABEAS

12 CORPUS.—Section 106(a) (8 U.S.C. 1105a(a)) is amend13 ed—

14 (1) by adding ‘‘and’’ at the end of paragraph

15 (8),

16 (2) by striking ‘‘; and’’ at the end of paragraph

17 (9) and inserting a period, and

18 (3) by striking paragraph (10).

19 (d) EFFECTIVE DATE.—The amendments made by this

20 section shall take effect on the date of the enactment of this

21 Act and shall apply to all aliens without regard to the date

22 of entry or attempted entry into the United States.
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1 SEC. 322. FUNDING FOR DETENTION AND REMOVAL OF

2 ALIEN TERRORISTS.

3 In addition to amounts otherwise appropriated, there

4 are authorized to be appropriated for each fiscal year (be5 ginning with fiscal year 1996) $5,000,000 to the Immigra6 tion and Naturalization Service for the purpose of detain7 ing and removing alien terrorists.

8 PART 2—INADMISSIBILITY AND DENIAL OF

9 RELIEF FOR ALIEN TERRORISTS

10 SEC. 331. MEMBERSHIP IN TERRORIST ORGANIZATION AS

11 GROUND OF INADMISSIBILITY.

12 (a) IN GENERAL.—Section 212(a)(3)(B) (8 U.S.C.

13 1182(a)(3)(B)) is amended—

14 (1) in clause (i)—

15 (A) by striking ‘‘or’’ at the end of subclause

16 (I),

17 (B) in subclause (II), by inserting ‘‘engaged

18 in or’’ after ‘‘believe,’’, and

19 (C) by inserting after subclause (II) the fol20 lowing:

21 ‘‘(III) is a representative of a ter22 rorist organization, or

23 ‘‘(IV) is a member of a terrorist

24 organization which the alien knows or

25 should have known is a terrorist orga26 nization,’’; and
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1 (2) by adding at the end the following:

2 ‘‘(iv) TERRORIST ORGANIZATION DE3 FINED.—

4 ‘‘(I) DESIGNATION.—For purposes

5 of this Act, the term ‘terrorist organi6 zation’ means a foreign organization

7 designated in the Federal Register as a

8 terrorist organization by the Secretary

9 of State, in consultation with the At10 torney General, based upon a finding

11 that the organization engages in, or

12 has engaged in, terrorist activity that

13 threatens the national security of the

14 United States.

15 ‘‘(II) PROCESS.—At least 3 days

16 before designating an organization as

17 a terrorist organization through publi18 cation in the Federal Register, the Sec19 retary of State, in consultation with

20 the Attorney General, shall notify the

21 Committees on the Judiciary of the

22 House of Representatives and the Sen23 ate of the intent to make such designa24 tion and the findings and basis for des25 ignation. The Secretary of State, in
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1 consultation with the Attorney Gen2 eral, shall create an administrative

3 record and may use classified informa4 tion in making such a designation.

5 Such information is not subject to dis6 closure so long as it remains classified,

7 except that it may be disclosed to a

8 court ex parte and in camera under

9 subclause (III) for purposes of judicial

10 review of such a designation. The Sec11 retary of State, in consultation with

12 the Attorney General, shall provide no13 tice and an opportunity for public

14 comment prior to the creation of the

15 administrative record under this

16 subclause.

17 ‘‘(III) JUDICIAL REVIEW.—Any

18 organization designated as a terrorist

19 organization under the preceding pro20 visions of this clause may, not later

21 than 30 days after the date of the des22 ignation, seek judicial review thereof in

23 the United States Court of Appeals for

24 the District of Columbia Circuit. Such

25 review shall be based solely upon the
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1 administrative record, except that the

2 Government may submit, for ex parte

3 and in camera review, classified infor4 mation considered in making the des5 ignation. The court shall hold unlawful

6 and set aside the designation if the

7 court finds the designation to be arbi8 trary, capricious, an abuse of discre9 tion, or otherwise not in accordance

10 with law, lacking substantial support

11 in the administrative record taken as a

12 whole or in classified information sub13 mitted to the court under the previous

14 sentence, contrary to constitutional

15 right, power, privilege, or immunity,

16 or not in accord with the procedures

17 required by law.

18 ‘‘(IV) CONGRESSIONAL REMOVAL

19 AUTHORITY.—The Congress reserves the

20 authority to remove, by law, the des21 ignation of an organization as a ter22 rorist organization for purposes of this

23 Act.

24 ‘‘(V) SUNSET.—Subject to

25 subclause (IV), the designation under
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1 this clause of an organization as a ter2 rorist organization shall be effective for

3 a period of 2 years from the date of the

4 initial publication of the terrorist or5 ganization designation by the Sec6 retary of State. At the end of such pe7 riod (but no sooner than 60 days prior

8 to the termination of the 2-year-des9 ignation period), the Secretary of

10 State, in consultation with the Attor11 ney General, may redesignate the orga12 nization in conformity with the re13 quirements of this clause for designa14 tion of the organization.

15 ‘‘(VI) REMOVAL AUTHORITY.—The

16 Secretary of State, in consultation

17 with the Attorney General, may remove

18 the terrorist organization designation

19 from any organization previously des20 ignated as such an organization, at

21 any time, so long as the Secretary pub22 lishes notice of the removal in the Fed23 eral Register. The Secretary is not re24 quired to report to Congress prior to so

25 removing such designation.
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1 ‘‘(v) REPRESENTATIVE DEFINED.—

2 ‘‘(I) IN GENERAL.—In this sub3 paragraph, the term ‘representative’

4 includes an officer, official, or spokes5 man of the organization and any per6 son who directs, counsels, commands or

7 induces the organization or its mem8 bers to engage in terrorist activity.

9 ‘‘(II) JUDICIAL REVIEW.—The de10 termination under this subparagraph

11 that an alien is a representative of a

12 terrorist organization shall be subject

13 to judicial review under section 706 of

14 title 5, United States Code.’’.

15 (b) EFFECTIVE DATE.—The amendments made by this

16 section shall take effect on the date of the enactment of this

17 Act.

18 SEC. 332. DENIAL OF RELIEF FOR ALIEN TERRORISTS.

19 (a) WITHHOLDING OF DEPORTATION.—Subsection

20 (h)(2) of section 243 (8 U.S.C. 1253), before amendment

21 by section 307(a), is amended by adding at the end the fol22 lowing new sentence: ‘‘For purposes of subparagraph (D),

23 an alien who is described in section 241(a)(4)(B) shall be

24 considered to be an alien for whom there are reasonable
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1 grounds for regarding as a danger to the security of the

2 United States.’’.

3 (b) SUSPENSION OF DEPORTATION.—Section 244(a) (8

4 U.S.C. 1254(a)), before amendment by section 308(b), is

5 amended by striking ‘‘section 241(a)(4)(D)’’ and inserting

6 ‘‘subparagraph (B) or (D) of section 241(a)(4)’’.

7 (c) VOLUNTARY DEPARTURE.—Section 244(e)(2) (8

8 U.S.C. 1254(e)(2)), before amendment by section 308(b), is

9 amended by inserting ‘‘under section 241(a)(4)(B) or’’ after

10 ‘‘who is deportable’’.

11 (d) ADJUSTMENT OF STATUS.—Section 245(c) (8

12 U.S.C. 1255(c)) is amended—

13 (1) by striking ‘‘or’’ before ‘‘(5)’’, and

14 (2) by inserting before the period at the end the

15 following: ‘‘, or (6) an alien who is deportable under

16 section 241(a)(4)(B)’’.

17 (e) REGISTRY.—Section 249(d) (8 U.S.C. 1259(d)) is

18 amended by inserting ‘‘and is not deportable under section

19 241(a)(4)(B)’’ after ‘‘ineligible to citizenship’’.

20 (f) EFFECTIVE DATE.—(1) The amendments made by

21 this section shall take effect on the date of the enactment

22 of this Act and shall apply to applications filed before, on,

23 or after such date if final action has not been taken on them

24 before such date.
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1 (2) The amendments made by subsections (a) through

2 (c) are subsequently superseded by the amendments made

3 by subtitle A.

4 Subtitle C—Deterring Transpor5 tation of Unlawful Aliens to the

6 United States

7 SEC. 341. DEFINITION OF STOWAWAY.

8 (a) STOWAWAY DEFINED.—Section 101(a) (8 U.S.C.

9 1101(a)) is amended by adding the following new para10 graph:

11 ‘‘(47) The term ‘stowaway’ means any alien who ob12 tains transportation without the consent of the owner,

13 charterer, master or person in command of any vessel or

14 aircraft through concealment aboard such vessel or aircraft.

15 A passenger who boards with a valid ticket is not to be

16 considered a stowaway.’’.

17 (b) EFFECTIVE DATE.—The amendment made by sub18 section (a) shall take effect on the date of the enactment

19 of this Act.

20 SEC. 342. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIV21 ING.

22 (a) IN GENERAL.—Section 231(a) (8 U.S.C. 1221(a))

23 is amended—

24 (1) by amending the first sentence to read as fol25 lows: ‘‘In connection with the arrival of any person
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1 by water or by air at any port within the United

2 States from any place outside the United States, it

3 shall be the duty of the master or commanding officer,

4 or authorized agent, owner, or consignee of the vessel

5 or aircraft, having such person on board to deliver to

6 the immigration officers at the port of arrival, or

7 other place designated by the Attorney General, elec8 tronic, typewritten, or printed lists or manifests of

9 the persons on board such vessel or aircraft.’’;

10 (2) in the second sentence, by striking ‘‘shall be

11 prepared’’ and inserting ‘‘shall be prepared and sub12 mitted’’; and

13 (3) by inserting after the second sentence the fol14 lowing sentence: ‘‘Such lists or manifests shall con15 tain, but not be limited to, for each person trans16 ported, the person’s full name, date of birth, gender,

17 citizenship, travel document number (if applicable)

18 and arriving flight number.’’.

19 (b) EFFECTIVE DATE.—The amendments made by sub20 section (a) shall apply to vessels or aircraft arriving at

21 ports of entry on or after such date (not later than 60 days

22 after the date of the enactment of this Act) as the Attorney

23 General shall specify.
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1 Subtitle D—Additional Provisions

2 SEC. 351. DEFINITION OF CONVICTION.

3 (a) IN GENERAL.—Section 101(a) (8 U.S.C. 1101(a)),

4 as amended by section 341(a), is amended by adding at

5 the end the following new paragraph:

6 ‘‘(48) The term ‘conviction’ means a formal judgment

7 of guilt entered by a court or, if adjudication of guilt has

8 been withheld, where all of the following elements are

9 present:

10 ‘‘(A) A judge or jury has found the alien

11 guilty or the alien has entered a plea of guilty

12 or nolo contendere or has admitted sufficient

13 facts to warrant a finding of guilt.

14 ‘‘(B) The judge has ordered some form of

15 punishment, penalty, or restraint on the alien’s

16 liberty to be imposed.

17 ‘‘(C) A judgment or adjudication of guilt

18 may be entered if the alien violates the terms of

19 the probation or fails to comply with the require20 ments of the court’s order, without availability of

21 further proceedings regarding the alien’s guilt or

22 innocence of the original charge.’’.

23 (b) EFFECTIVE DATE.—The amendment made by sub24 section (a) shall apply to convictions entered before, on, or

25 after the date of the enactment of this Act.
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1 SEC. 352. IMMIGRATION JUDGES AND COMPENSATION.

2 (a) DEFINITION OF TERM.—Paragraph (4) of section

3 101(b) (8 U.S.C. 1101(b)) is amended to read as follows:

4 ‘‘(4) The term ‘immigration judge’ means an attorney

5 whom the Attorney General appoints as an administrative

6 judge within the Executive Office for Immigration Review,

7 qualified to conduct specified classes of proceedings, includ8 ing a hearing under section 240. An immigration judge

9 shall be subject to such supervision and shall perform such

10 duties as the Attorney General shall prescribe, but shall not

11 be employed by the Immigration and Naturalization Serv12 ice.’’.

13 (b) SUBSTITUTION FOR TERM ‘‘SPECIAL INQUIRY OF14 FICER’’.—The Immigration and Nationality Act is amend15 ed by striking ‘‘a special inquiry officer’’, ‘‘special inquiry

16 officer’’, and ‘‘special inquiry officers’’ and inserting ‘‘an

17 immigration judge’’, ‘‘immigration judge’’, and ‘‘immigra18 tion judges’’, respectively, each place it appears in the fol19 lowing sections:

20 (1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)).

21 (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).

22 (3) Section 234 (8 U.S.C. 1224), before redesig23 nation by section 308(b).

24 (4) Section 235 (8 U.S.C. 1225), before redesig25 nation by section 308(b).
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1 (5) Section 236 (8 U.S.C. 1226), before amend2 ment by section 303.

3 (6) Section 242(b) (8 U.S.C. 1252(b)), before

4 amendment by section 306(a)(2).

5 (7) Section 242(d)(1) (8 U.S.C. 1252(d)(1)), be6 fore amendment by section 306(a)(2).

7 (8) Section 292 (8 U.S.C. 1362).

8 (c) COMPENSATION FOR IMMIGRATION JUDGES.—

9 (1) IN GENERAL.—There shall be four levels of

10 pay for immigration judges, under the Immigration

11 Judge Schedule (designated as IJ–1, 2, 3, and 4, re12 spectively), and each such judge shall be paid at one

13 of those levels, in accordance with the provisions of

14 this subsection.

15 (2) RATES OF PAY.—

16 (A) The rates of basic pay for the levels es17 tablished under paragraph (1) shall be as fol18 lows:

IJ–1 ................................................... 70% of the next to highest rate of basic

pay for the Senior Executive Service

IJ–2 ................................................... 80% of the next to highest rate of basic

pay for the Senior Executive Service

IJ–3 ................................................... 90% of the next to highest rate of basic

pay for the Senior Executive Service

IJ–4 ................................................... 92% of the next to highest rate of basic

pay for the Senior Executive Service.
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1 (B) Locality pay, where applicable, shall be

2 calculated into the basic pay for immigration

3 judges.

4 (3) APPOINTMENT.—

5 (A) Upon appointment, an immigration

6 judge shall be paid at IJ–1, and shall be ad7 vanced to IJ–2 upon completion of 104 weeks of

8 service, to IJ–3 upon completion of 104 weeks of

9 service in the next lower rate, and to IJ–4 upon

10 completion of 52 weeks of service in the next

11 lower rate.

12 (B) The Attorney General may provide for

13 appointment of an immigration judge at an ad14 vanced rate under such circumstances as the At15 torney General may determine appropriate.

16 (4) TRANSITION.—Judges serving on the Immi17 gration Court as of the effective date shall be paid at

18 the rate that corresponds to the amount of time, as

19 provided under paragraph (3)(A), that they have

20 served as an immigration judge.

21 (d) EFFECTIVE DATES.—

22 (1) Subsections (a) and (b) shall take effect on

23 the date of the enactment of this Act.

24 (2) Subsection (c) shall take effect 90 days after

25 the date of the enactment of this Act.
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1 SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT

2 STATUS.

3 (a) IN GENERAL.—Section 246(a) (8 U.S.C. 1256(a))

4 is amended by adding at the end the following sentence:

5 ‘‘Nothing in this subsection shall require the Attorney Gen6 eral to rescind the alien’s status prior to commencement of

7 procedures to remove the alien under section 240, and an

8 order of removal issued by an immigration judge shall be

9 sufficient to rescind the alien’s status.’’.

10 (b) EFFECTIVE DATE.—The amendment made by sub11 section (a) shall take effect on the title III–A effective date

12 (as defined in section 309(a)).

13 SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.

14 (a) IN GENERAL.—The Immigration and Nationality

15 Act is amended by inserting after section 274C the following

16 new section:

17 ‘‘CIVIL PENALTIES FOR FAILURE TO DEPART

18 ‘‘SEC. 274D. (a) IN GENERAL.—Any alien subject to

19 a final order of removal who—

20 ‘‘(1) willfully fails or refuses to—

21 ‘‘(A) depart from the United States pursu22 ant to the order,

23 ‘‘(B) make timely application in good faith

24 for travel or other documents necessary for de25 parture, or
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1 ‘‘(C) present for removal at the time and

2 place required by the Attorney General; or

3 ‘‘(2) conspires to or takes any action designed to

4 prevent or hamper the alien’s departure pursuant to

5 the order,

6 shall pay a civil penalty of not more than $500 to the Com7 missioner for each day the alien is in violation of this sec8 tion.

9 ‘‘(b) CONSTRUCTION.—Nothing in this section shall be

10 construed to diminish or qualify any penalties to which an

11 alien may be subject for activities proscribed by section

12 243(a) or any other section of this Act.’’.

13 (b) CLERICAL AMENDMENT.—The table of contents is

14 amended by inserting after the item relating to section 274C

15 the following new item:

‘‘Sec. 274D. Civil penalties for failure to depart.’’.

16 (c) EFFECTIVE DATE.—The amendments made by sub17 section (a) shall apply to actions occurring on or after the

18 title III–A effective date (as defined in section 309(a)).

19 SEC. 355. CLARIFICATION OF DISTRICT COURT JURISDIC20 TION.

21 (a) IN GENERAL.—Section 279 (8 U.S.C. 1329) is

22 amended—

23 (1) by amending the first sentence to read as fol24 lows: ‘‘The district courts of the United States shall

25 have jurisdiction of all causes, civil and criminal,
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1 brought by the United States that arise under the pro2 visions of this title.’’, and

3 (2) by adding at the end the following new sen4 tence: ‘‘Nothing in this section shall be construed as

5 providing jurisdiction for suits against the United

6 States or its agencies or officers.’’.

7 (b) EFFECTIVE DATE.—The amendments made by sub8 section (a) shall apply to actions filed after the date of the

9 enactment of this Act.

10 SEC. 356. USE OF RETIRED FEDERAL EMPLOYEES FOR IN11 STITUTIONAL HEARING PROGRAM.

12 (a) AUTHORIZATION OF TEMPORARY EMPLOYMENT OF

13 CERTAIN ANNUITANTS AND RETIREES.—For the purpose of

14 performing duties in connection with supporting the en15 hanced Institutional Hearing Program, the Attorney Gen16 eral may employ for a period not to exceed 24 months (be17 ginning 3 months after the date of the enactment of this

18 Act) not more than 300 individuals (at any one time) who,

19 by reason of separation from service on or before January

20 1, 1995, are receiving—

21 (1) annuities under the provisions of subchapter

22 III of chapter 83 of title 5, United States Code, or

23 chapter 84 of such title;

24 (2) annuities under any other retirement system

25 for employees of the Federal Government; or
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1 (3) retired or retainer pay as retired officers of

2 regular components of the uniformed services.

3 (b) NO REDUCTION IN ANNUITY OR RETIREMENT PAY

4 OR REDETERMINATION OF PAY DURING TEMPORARY EM5 PLOYMENT.—

6 (1) RETIREES UNDER CIVIL SERVICE RETIRE7 MENT SYSTEM AND FEDERAL EMPLOYEES’ RETIRE8 MENT SYSTEM.—In the case of an individual em9 ployed under subsection (a) who is receiving an an10 nuity described in subsection (a)(1)—

11 (A) such individual’s annuity shall con12 tinue during the employment under subsection

13 (a) and shall not be increased as a result of serv14 ice performed during that employment;

15 (B) retirement deductions shall not be with16 held from such individual’s pay; and

17 (C) such individual’s pay shall not be sub18 ject to any deduction based on the portion of

19 such individual’s annuity which is allocable to

20 the period of employment.

21 (2) OTHER FEDERAL RETIREES.—The President

22 shall apply the provisions of paragraph (1) to indi23 viduals who are receiving an annuity described in

24 subsection (a)(2) and who are employed under sub25 section (a) in the same manner and to the same ex-
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1 tent as such provisions apply to individuals who are

2 receiving an annuity described in subsection (a)(1)

3 and who are employed under subsection (a).

4 (3) RETIRED OFFICERS OF THE UNIFORM SERV5 ICES.—The retired or retainer pay of a retired officer

6 of a regular component of a uniformed service shall

7 not be reduced under section 5532 of title 5, United

8 States Code, by reason of temporary employment au9 thorized under subsection (a).

10 SEC. 357. ENHANCED PENALTIES FOR FAILURE TO DEPART,

11 ILLEGAL REENTRY, AND PASSPORT AND VISA

12 FRAUD.

13 (a) FAILING TO DEPART.—The United States Sentenc14 ing Commission shall promptly promulgate, pursuant to

15 section 994 of title 28, United States Code, amendments to

16 the sentencing guidelines to make appropriate increases in

17 the base offense level for offenses under section 242(e) and

18 276(b) of the Immigration and Nationality Act (8 U.S.C.

19 1252(e) and 1326(b)) to reflect the amendments made by

20 section 130001 of the Violent Crime Control and Law En21 forcement Act of 1994.

22 (b) PASSPORT AND VISA OFFENSES.—The United

23 States Sentencing Commission shall promptly promulgate,

24 pursuant to section 994 of title 28, United States Code,

25 amendments to the sentencing guidelines to make appro-
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1 priate increases in the base offense level for offenses under

2 chapter 75 of title 18, United States Code to reflect the

3 amendments made by section 130009 of the Violent Crime

4 Control and Law Enforcement Act of 1994.

5 SEC. 358. AUTHORIZATION OF ADDITIONAL FUNDS FOR RE6 MOVAL OF ALIENS.

7 In addition to the amounts otherwise authorized to be

8 appropriated for each fiscal year beginning with fiscal year

9 1996, there are authorized to be appropriated to the Attor10 ney General $150,000,000 for costs associated with the re11 moval of inadmissible or deportable aliens, including costs

12 of detention of such aliens pending their removal, the hiring

13 of more investigators, and the hiring of more detention and

14 deportation officers.

15 SEC. 359. APPLICATION OF ADDITIONAL CIVIL PENALTIES

16 TO ENFORCEMENT.

17 (a) IN GENERAL.—Subsection (b) of section 280 (8

18 U.S.C. 1330(b)) is amended to read as follows:

19 ‘‘(b)(1) There is established in the general fund of the

20 Treasury a separate account which shall be known as the

21 ‘Immigration Enforcement Account’. Notwithstanding any

22 other section of this title, there shall be deposited as offset23 ting receipts into the Immigration Enforcement Account

24 amounts described in paragraph (2) to remain available

25 until expended.
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1 ‘‘(2) The amounts described in this paragraph are the

2 following:

3 ‘‘(A) The increase in penalties collected resulting

4 from the amendments made by sections 203(b) and

5 543(a) of the Immigration Act of 1990.

6 ‘‘(B) Civil penalties collected under sections

7 240B(d), 274C, 274D, and 275(b).

8 ‘‘(3)(A) The Secretary of the Treasury shall refund out

9 of the Immigration Enforcement Account to any appropria10 tion the amount paid out of such appropriation for expenses

11 incurred by the Attorney General for activities that enhance

12 enforcement of provisions of this title, including—

13 ‘‘(i) the identification, investigation, apprehen14 sion, detention, and removal of criminal aliens;

15 ‘‘(ii) the maintenance and updating of a system

16 to identify and track criminal aliens, deportable

17 aliens, inadmissible aliens, and aliens illegally enter18 ing the United States; and

19 ‘‘(iii) for the repair, maintenance, or construc20 tion on the United States border, in areas experienc21 ing high levels of apprehensions of illegal aliens, of

22 structures to deter illegal entry into the United

23 States.

24 ‘‘(B) The amounts which are required to be refunded

25 under subparagraph (A) shall be refunded at least quarterly
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1 on the basis of estimates made by the Attorney General of

2 the expenses referred to in subparagraph (A). Proper adjust3 ments shall be made in the amounts subsequently refunded

4 under subparagraph (A) to the extent prior estimates were

5 in excess of, or less than, the amount required to be refunded

6 under subparagraph (A).’’.

7 (b) IMMIGRATION USER FEE ACCOUNT.—Section

8 286(h)(1)(B) (8 U.S.C. 1356(h)(1)(B)) is amended by strik9 ing ‘‘271’’ and inserting ‘‘243(c), 271,’’.

10 (c) EFFECTIVE DATE.—The amendments made by this

11 section shall apply to fines and penalties collected on or

12 after the date of the enactment of this Act.

13 SEC. 360. PRISONER TRANSFER TREATIES.

14 (a) NEGOTIATION.—Congress advises the President to

15 begin to negotiate and renegotiate, not later than 90 days

16 after the date of the enactment of this Act, bilateral prisoner

17 transfer treaties. The focus of such negotiations shall be—

18 (1) to expedite the transfer of aliens unlawfully

19 in the United States who are (or are about to be) in20 carcerated in United States prisons,

21 (2) to ensure that a transferred prisoner serves

22 the balance of the sentence imposed by the United

23 States courts,

24 (3) to eliminate any requirement of prisoner

25 consent to such a transfer, and
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1 (4) to allow the Federal Government or the

2 States to keep their original prison sentences in force

3 so that transferred prisoners who return to the United

4 States prior to the completion of their original United

5 States sentences can be returned to custody for the

6 balance of their prison sentences.

7 In entering into such negotiations, the President may con8 sider providing for appropriate compensation in cases

9 where the United States is able to independently verify the

10 adequacy of the sites where aliens will be imprisoned and

11 the length of time the alien is actually incarcerated in the

12 foreign country under such a treaty.

13 (b) CERTIFICATION.—The President shall submit to the

14 Congress, annually, a certification as to whether each pris15 oner transfer treaty in force is effective in returning aliens

16 unlawfully in the United States who have committed of17 fenses for which they are incarcerated in the United States

18 to their country of nationality for further incarceration.

19 SEC. 361. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

20 (a) OPERATION AND PURPOSE.—Subsection (a) of sec21 tion 130002 of the Violent Crime Control and Law Enforce22 ment Act of 1994 (Public Law 103–322) is amended to read

23 as follows:

24 ‘‘(a) OPERATION AND PURPOSE.—The Commissioner

25 of Immigration and Naturalization shall, under the author-
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1 ity of section 242(a)(3)(A) of the Immigration and Nation2 ality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien

3 identification system. The criminal alien identification sys4 tem shall be used to assist Federal, State, and local law

5 enforcement agencies in identifying and locating aliens who

6 may be subject to removal by reason of their conviction of

7 aggravated felonies, subject to prosecution under section 275

8 of such Act, not lawfully present in the United States, or

9 otherwise removable. Such system shall include providing

10 for recording of fingerprint records of aliens who have been

11 previously arrested and removed into appropriate auto12 mated fingerprint identification systems.’’.

13 (b) IDENTIFICATION OF CRIMINAL ALIENS UNLAW14 FULLY PRESENT IN THE UNITED STATES.—Upon the re15 quest of the governor or chief executive officer of any State,

16 the Immigration and Naturalization Service shall provide

17 assistance to State courts in the identification of aliens un18 lawfully present in the United States pending criminal

19 prosecution.

20 SEC. 362. WAIVER OF EXCLUSION AND DEPORTATION

21 GROUND FOR CERTAIN SECTION 274C VIOLA22 TORS.

23 (a) EXCLUSION GROUNDS.—Section 212 (8 U.S.C.

24 1182) is amended—
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1 (1) by amending subparagraph (F) of subsection

2 (a)(6) to read as follows:

3 ‘‘(F) SUBJECT OF CIVIL PENALTY.—

4 ‘‘(i) IN GENERAL.—An alien who is the

5 subject of a final order for violation of sec6 tion 274C is inadmissible.

7 ‘‘(ii) WAIVER AUTHORIZED.—For pro8 vision authorizing waiver of clause (i), see

9 subsection (d)(12).’’; and

10 (2) by adding at the end of subsection (d) the fol11 lowing new paragraph:

12 ‘‘(12) The Attorney General may, in the discretion of

13 the Attorney General for humanitarian purposes, to assure

14 family unity, or when it is otherwise in the public interest,

15 waive application of clause (i) of subsection (a)(6)(F)—

16 ‘‘(A) in the case of an alien lawfully admitted

17 for permanent residence who temporarily proceeded

18 abroad voluntarily and not under an order of depor19 tation and who is otherwise admissible to the United

20 States as a returning resident under section 211(b),

21 and

22 ‘‘(B) in the case of an alien seeking admission

23 or adjustment of status under section 201(b)(2)(A) or

24 under section 203(a),
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1 if the violation under section 274C was committed solely

2 to assist, aid, or support the alien’s spouse, parent, son,

3 or daughter (and not another individual).’’.

4 (b) GROUND OF DEPORTATION.—Subparagraph (C) of

5 section 241(a)(3) (8 U.S.C. 1251(a)(3)), before redesigna6 tion by section 305(a)(2), is amended to read as follows:

7 ‘‘(C) DOCUMENT FRAUD.—

8 ‘‘(i) IN GENERAL.—An alien who is the

9 subject of a final order for violation of sec10 tion 274C is deportable.

11 ‘‘(ii) WAIVER AUTHORIZED.—The At12 torney General may waive clause (i) in the

13 case of an alien lawfully admitted for per14 manent residence if the alien’s civil money

15 penalty under section 274C was incurred

16 solely to assist, aid, or support the alien’s

17 spouse, parent, son, or daughter (and no

18 other individual).’’.

19 SEC. 363. AUTHORIZING REGISTRATION OF ALIENS ON

20 CRIMINAL PROBATION OR CRIMINAL PAROLE.

21 Section 263(a) (8 U.S.C. 1303(a)) is amended by strik22 ing ‘‘and (5)’’ and inserting ‘‘(5) aliens who are or have

23 been on criminal probation or criminal parole within the

24 United States, and (6)’’.
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1 SEC. 364. CONFIDENTIALITY PROVISION FOR CERTAIN

2 ALIEN BATTERED SPOUSES AND CHILDREN.

3 (a) IN GENERAL.—Except as provided in subsection

4 (b), in no case may the Attorney General, or any other offi5 cial or employee of the Department of Justice (including

6 any bureau or agency of such Department)—

7 (1) make an adverse determination of admissi8 bility or deportability of an alien under the Immigra9 tion and Nationality Act using information furnished

10 solely by—

11 (A) a spouse or parent who has battered the

12 alien or subjected the alien to extreme cruelty,

13 (B) a member of the spouse’s or parent’s

14 family residing in the same household as the

15 alien who has battered the alien or subjected the

16 alien to extreme cruelty when the spouse or par17 ent consented to or acquiesced in such battery or

18 cruelty,

19 (C) a spouse or parent who has battered the

20 alien’s child or subjected the alien’s child to ex21 treme cruelty (without the active participation of

22 the alien in the battery or extreme cruelty), or

23 (D) a member of the spouse’s or parent’s

24 family residing in the same household as the

25 alien who has battered the alien’s child or sub26 jected the alien’s child to extreme cruelty when
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1 the spouse or parent consented to or acquiesced

2 in such battery or cruelty and the alien did not

3 actively participate in such battery or cruelty,

4 unless the alien has been convicted of a crime or

5 crimes listed in section 241(a)(2) of the Immigration

6 and Nationality Act; or

7 (2) permit use by or disclosure to anyone (other

8 than a sworn officer or employee of the Department,

9 or bureau or agency thereof, for legitimate Depart10 ment, bureau, or agency purposes) of any information

11 which relates to an alien who is the beneficiary of an

12 application for relief under clause (iii) or (iv) of sec13 tion 204(a)(1)(A), clause (ii) or (iii) of section

14 204(a)(1)(B), section 216(c)(4)(C), or section

15 244(a)(3) of such Act as an alien (or the parent of

16 a child) who has been battered or subjected to extreme

17 cruelty.

18 The limitation under paragraph (2) ends when the applica19 tion for relief is denied and all opportunities for appeal

20 of the denial have been exhausted.

21 (b) EXCEPTIONS.—

22 (1) The Attorney General may provide, in the

23 Attorney General’s discretion, for the disclosure of in24 formation in the same manner and circumstances as

25 census information may be disclosed by the Secretary
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1 of Commerce under section 8 of title 13, United States

2 Code.

3 (2) The Attorney General may provide in the

4 discretion of the Attorney General for the disclosure of

5 information to law enforcement officials to be used

6 solely for a legitimate law enforcement purpose.

7 (3) Subsection (a) shall not be construed as pre8 venting disclosure of information in connection with

9 judicial review of a determination in a manner that

10 protects the confidentiality of such information.

11 (4) Subsection (a)(2) shall not apply if all the

12 battered individuals in the case are adults and they

13 have all waived the restrictions of such subsection.

14 (c) PENALTIES FOR VIOLATIONS.—Anyone who uses,

15 publishes, or permits information to be disclosed in viola16 tion of this section shall be fined in accordance with title

17 18, United States Code, or imprisoned not more than 5

18 years, or both.

19 TITLE IV—ENFORCEMENT OF RE20 STRICTIONS AGAINST EM21 PLOYMENT

22 SEC. 401. STRENGTHENED ENFORCEMENT OF THE EM23 PLOYER SANCTIONS PROVISIONS.

24 (a) IN GENERAL.—The number of full-time equivalent

25 positions in the Investigations Division within the Immi-
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1 gration and Naturalization Service of the Department of

2 Justice beginning in fiscal year 1996 shall be increased by

3 350 positions above the number of full-time equivalent posi4 tions available to such Division as of September 30, 1994.

5 (b) ASSIGNMENT.—Individuals employed to fill the ad6 ditional positions described in subsection (a) shall be as7 signed to investigate violations of the employer sanctions

8 provisions contained in section 274A of the Immigration

9 and Nationality Act, including investigating reports of vio10 lations received from officers of the Employment Standards

11 Administration of the Department of Labor.

12 SEC. 402. STRENGTHENED ENFORCEMENT OF WAGE AND

13 HOUR LAWS.

14 (a) IN GENERAL.—The number of full-time equivalent

15 positions in the Wage and Hour Division with the Employ16 ment Standards Administration of the Department of

17 Labor beginning in fiscal year 1996 shall be increased by

18 150 positions above the number of full-time equivalent posi19 tions available to the Wage and Hour Division as of Sep20 tember 30, 1994.

21 (b) ASSIGNMENT.—Individuals employed to fill the ad22 ditional positions described in subsection (a) shall be as23 signed to investigate violations of wage and hour laws in

24 areas where the Attorney General has notified the Secretary
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1 of Labor that there are high concentrations of undocu2 mented aliens.

3 SEC. 403. CHANGES IN THE EMPLOYER SANCTIONS PRO4 GRAM.

5 (a) REDUCING THE NUMBER OF DOCUMENTS ACCEPT6 ED FOR EMPLOYMENT VERIFICATION.—Section 274A(b) (8

7 U.S.C. 1324a(b)) is amended—

8 (1) in paragraph (1)(B)—

9 (A) by adding ‘‘or’’ at the end of clause (i),

10 (B) by striking clauses (ii) through (iv),

11 and

12 (C) in clause (v), by striking ‘‘or other alien

13 registration card, if the card’’ and inserting ‘‘,

14 alien registration card, or other document des15 ignated by regulation by the Attorney General, if

16 the document’’ and redesignating such clause as

17 clause (ii);

18 (2) by amending subparagraph (C) of paragraph

19 (1) to read as follows:

20 ‘‘(C) SOCIAL SECURITY ACCOUNT NUMBER

21 CARD AS EVIDENCE OF EMPLOYMENT AUTHOR22 IZATION.—A document described in this sub23 paragraph is an individual’s social security ac24 count number card (other than such a card

25 which specifies on the face that the issuance of
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1 the card does not authorize employment in the

2 United States).’’; and

3 (3) by amending paragraph (2) to read as fol4 lows:

5 ‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOYMENT

6 AUTHORIZATION AND PROVISION OF SOCIAL SECURITY

7 ACCOUNT NUMBER.—The individual must—

8 ‘‘(A) attest, under penalty of perjury on the

9 form designated or established for purposes of

10 paragraph (1), that the individual is a citizen or

11 national of the United States, an alien lawfully

12 admitted for permanent residence, or an alien

13 who is authorized under this Act or by the Attor14 ney General to be hired, recruited, or referred for

15 such employment; and

16 ‘‘(B) provide on such form the individual’s

17 social security account number.’’.

18 (b) EMPLOYMENT ELIGIBILITY CONFIRMATION PROC19 ESS.—Section 274A (8 U.S.C. 1324a) is amended—

20 (1) in subsection (a)(3), by inserting ‘‘(A)’’ after

21 ‘‘DEFENSE.—’’, and by adding at the end the follow22 ing:

23 ‘‘(B) FAILURE TO SEEK AND OBTAIN CONFIRMA24 TION.—Subject to subsection (b)(7), in the case of a

25 hiring of an individual for employment in the United
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1 States by a person or entity that employs more than

2 3 employees, the following rules apply:

3 ‘‘(i) FAILURE TO SEEK CONFIRMATION.—

4 ‘‘(I) IN GENERAL.—If the person or en5 tity has not made an inquiry, under the

6 mechanism established under subsection

7 (b)(6), seeking confirmation of the identity,

8 social security number, and work eligibility

9 of the individual, by not later than the end

10 of 3 working days (as specified by the Attor11 ney General) after the date of the hiring, the

12 defense under subparagraph (A) shall not be

13 considered to apply with respect to any em14 ployment after such 3 working days, except

15 as provided in subclause (II).

16 ‘‘(II) SPECIAL RULE FOR FAILURE OF

17 CONFIRMATION MECHANISM.—If such a per18 son or entity in good faith attempts to make

19 an inquiry during such 3 working days in

20 order to qualify for the defense under sub21 paragraph (A) and the confirmation mecha22 nism has registered that not all inquiries

23 were responded to during such time, the

24 person or entity can make an inquiry in

25 the first subsequent working day in which
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1 the confirmation mechanism registers no

2 nonresponses and qualify for the defense.

3 ‘‘(ii) FAILURE TO OBTAIN CONFIRMATION.—

4 If the person or entity has made the inquiry de5 scribed in clause (i)(I) but has not received an

6 appropriate confirmation of such identity, num7 ber, and work eligibility under such mechanism

8 within the time period specified under subsection

9 (b)(6)(D)(iii) after the time the confirmation in10 quiry was received, the defense under subpara11 graph (A) shall not be considered to apply with

12 respect to any employment after the end of such

13 time period.’’;

14 (2) by amending paragraph (3) of subsection (b)

15 to read as follows:

16 ‘‘(3) RETENTION OF VERIFICATION FORM AND

17 CONFIRMATION.—After completion of such form in ac18 cordance with paragraphs (1) and (2), the person or

19 entity must—

20 ‘‘(A) retain the form and make it available

21 for inspection by officers of the Service, the Spe22 cial Counsel for Immigration-Related Unfair

23 Employment Practices, or the Department of

24 Labor during a period beginning on the date of
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1 the hiring, recruiting, or referral of the individ2 ual and ending—

3 ‘‘(i) in the case of the recruiting or re4 ferral for a fee (without hiring) of an indi5 vidual, three years after the date of the re6 cruiting or referral, and

7 ‘‘(ii) in the case of the hiring of an in8 dividual—

9 ‘‘(I) three years after the date of

10 such hiring, or

11 ‘‘(II) one year after the date the

12 individual’s employment is terminated,

13 whichever is later; and

14 ‘‘(B) subject to paragraph (7), if the person

15 employs more than 3 employees, seek to have

16 (within 3 working days of the date of hiring)

17 and have (within the time period specified under

18 paragraph (6)(D)(iii)) the identity, social secu19 rity number, and work eligibility of the individ20 ual confirmed in accordance with the procedures

21 established under paragraph (6), except that if

22 the person or entity in good faith attempts to

23 make an inquiry in accordance with the proce24 dures established under paragraph (6) during

25 such 3 working days in order to fulfill the re-
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1 quirements under this subparagraph, and the

2 confirmation mechanism has registered that not

3 all inquiries were responded to during such time,

4 the person or entity shall make an inquiry in the

5 first subsequent working day in which the con6 firmation mechanism registers no

7 nonresponses.’’; and

8 (3) by adding at the end of subsection (b) the fol9 lowing new paragraphs:

10 ‘‘(6) EMPLOYMENT ELIGIBILITY CONFIRMATION

11 PROCESS.—

12 ‘‘(A) IN GENERAL.—Subject to paragraph

13 (7), the Attorney General shall establish a con14 firmation mechanism through which the Attor15 ney General (or a designee of the Attorney Gen16 eral which may include a nongovernmental en17 tity)—

18 ‘‘(i) responds to inquiries by employ19 ers, made through a toll-free telephone line

20 or other electronic media in the form of an

21 appropriate confirmation code or otherwise,

22 on whether an individual is authorized to

23 be employed by that employer, and
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1 ‘‘(ii) maintains a record that such an

2 inquiry was made and the confirmation

3 provided (or not provided).

4 ‘‘(B) EXPEDITED PROCEDURE IN CASE OF

5 NO CONFIRMATION.—In connection with sub6 paragraph (A), the Attorney General shall estab7 lish, in consultation with the Commissioner of

8 Social Security and the Commissioner of the

9 Service, expedited procedures that shall be used

10 to confirm the validity of information used

11 under the confirmation mechanism in cases in

12 which the confirmation is sought but is not pro13 vided through the confirmation mechanism.

14 ‘‘(C) DESIGN AND OPERATION OF MECHA15 NISM.—The confirmation mechanism shall be de16 signed and operated—

17 ‘‘(i) to maximize the reliability of the

18 confirmation process, and the ease of use by

19 employers, recruiters, and referrers, consist20 ent with insulating and protecting the pri21 vacy and security of the underlying infor22 mation, and

23 ‘‘(ii) to respond to all inquiries made

24 by employers on whether individuals are

25 authorized to be employed by those employ-
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1 ers, recruiters, or referrers registering all

2 times when such response is not possible.

3 ‘‘(D) CONFIRMATION PROCESS.—(i) As part

4 of the confirmation mechanism, the Commis5 sioner of Social Security shall establish a reli6 able, secure method, which within the time pe7 riod specified under clause (iii), compares the

8 name and social security account number pro9 vided against such information maintained by

10 the Commissioner in order to confirm (or not

11 confirm) the validity of the information provided

12 and whether the individual has presented a so13 cial security account number that is not valid

14 for employment. The Commissioner shall not dis15 close or release social security information.

16 ‘‘(ii) As part of the confirmation mecha17 nism, the Commissioner of the Service shall es18 tablish a reliable, secure method, which, within

19 the time period specified under clause (iii), com20 pares the name and alien identification number

21 (if any) provided against such information

22 maintained by the Commissioner in order to

23 confirm (or not confirm) the validity of the in24 formation provided and whether the alien is au25 thorized to be employed in the United States.
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1 ‘‘(iii) For purposes of this section, the At2 torney General (or a designee of the Attorney

3 General) shall provide through the confirmation

4 mechanism confirmation or a tentative

5 nonconfirmation of an individual’s employment

6 eligibility within 3 working days of the initial

7 inquiry. In cases of tentative nonconfirmation,

8 the Attorney General shall specify, in consulta9 tion with the Commissioner of Social Security

10 and the Commissioner of the Service, an expe11 dited time period not to exceed 10 working days

12 within which final confirmation or denial must

13 be provided through the confirmation mechanism

14 in accordance with the procedures under sub15 paragraph (B).

16 ‘‘(iv) The Commissioners shall update their

17 information in a manner that promotes the max18 imum accuracy and shall provide a process for

19 the prompt correction of erroneous information.

20 ‘‘(E) PROTECTIONS.—(i) In no case shall

21 an individual be denied employment because of

22 inaccurate or inaccessible data under the con23 firmation mechanism.

24 ‘‘(ii) The Attorney General shall assure that

25 there is a timely and accessible process to chal-
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1 lenge nonconfirmations made through the mecha2 nism.

3 ‘‘(iii) If an individual would not have been

4 dismissed from a job but for an error of the con5 firmation mechanism, the individual will be en6 titled to compensation through the mechanism of

7 the Federal Tort Claims Act.

8 ‘‘(F) TESTER PROGRAM.—As part of the

9 confirmation mechanism, the Attorney General

10 shall implement a program of testers and inves11 tigative activities (similar to testing and other

12 investigative activities assisted under the fair

13 housing initiatives program under section 561 of

14 the Housing and Community Development Act of

15 1987 to enforce rights under the Fair Housing

16 Act) in order to monitor and prevent unlawful

17 discrimination under the mechanism.

18 ‘‘(G) PROTECTION FROM LIABILITY FOR AC19 TIONS TAKEN ON THE BASIS OF INFORMATION

20 PROVIDED BY THE EMPLOYMENT ELIGIBILITY

21 CONFIRMATION MECHANISM.—No person shall be

22 civilly or criminally liable for any action taken

23 in good faith reliance on information provided

24 through the employment eligibility confirmation

25 mechanism established under this paragraph (in-
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1 cluding any pilot program established under

2 paragraph (7)).

3 ‘‘(7) APPLICATION OF CONFIRMATION MECHA4 NISM THROUGH PILOT PROJECTS.—

5 ‘‘(A) IN GENERAL.—Subsection (a)(3)(B)

6 and paragraph (3) shall only apply to individ7 uals hired if they are covered under a pilot

8 project established under this paragraph.

9 ‘‘(B) UNDERTAKING PILOT PROJECTS.—For

10 purposes of this paragraph, the Attorney General

11 shall undertake pilot projects for all employers in

12 at least 5 of the 7 States with the highest esti13 mated population of unauthorized aliens, in

14 order to test and assure that the confirmation

15 mechanism described in paragraph (6) is reliable

16 and easy to use. Such projects shall be initiated

17 not later than 6 months after the date of the en18 actment of this paragraph. The Attorney Gen19 eral, however, shall not establish such mechanism

20 in other States unless Congress so provides by

21 law. The pilot projects shall terminate on such

22 dates, not later than October 1, 1999, as the At23 torney General determines. At least one such

24 pilot project shall be carried out through a non-
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1 governmental entity as the confirmation mecha2 nism.

3 ‘‘(C) REPORT.—The Attorney General shall

4 submit to the Congress annual reports in 1997,

5 1998, and 1999 on the development and imple6 mentation of the confirmation mechanism under

7 this paragraph. Such reports may include an

8 analysis of whether the mechanism imple9 mented—

10 ‘‘(i) is reliable and easy to use;

11 ‘‘(ii) limits job losses due to inaccurate

12 or unavailable data to less than 1 percent;

13 ‘‘(iii) increases or decreases discrimi14 nation;

15 ‘‘(iv) protects individual privacy with

16 appropriate policy and technological mecha17 nisms; and

18 ‘‘(v) burdens individual employers

19 with costs or additional administrative re20 quirements.’’.

21 (c) REDUCTION OF PAPERWORK FOR CERTAIN EM22 PLOYEES.—Section 274A(a) (8 U.S.C. 1324a(a)) is amend23 ed by adding at the end the following new paragraph:

24 ‘‘(6) TREATMENT OF DOCUMENTATION FOR CER25 TAIN EMPLOYEES.—
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1 ‘‘(A) IN GENERAL.—For purposes of para2 graphs (1)(B) and (3), if—

3 ‘‘(i) an individual is a member of a

4 collective-bargaining unit and is employed,

5 under a collective bargaining agreement en6 tered into between one or more employee or7 ganizations and an association of two or

8 more employers, by an employer that is a

9 member of such association, and

10 ‘‘(ii) within the period specified in

11 subparagraph (B), another employer that is

12 a member of the association (or an agent of

13 such association on behalf of the employer)

14 has complied with the requirements of sub15 section (b) with respect to the employment

16 of the individual,

17 the subsequent employer shall be deemed to have

18 complied with the requirements of subsection (b)

19 with respect to the hiring of the employee and

20 shall not be liable for civil penalties described in

21 subsection (e)(5).

22 ‘‘(B) PERIOD.—The period described in this

23 subparagraph is—

24 ‘‘(i) up to 5 years in the case of an in25 dividual who has presented documentation
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1 identifying the individual as a national of

2 the United States or as an alien lawfully

3 admitted for permanent residence; or

4 ‘‘(ii) up to 3 years (or, if less, the pe5 riod of time that the individual is author6 ized to be employed in the United States) in

7 the case of another individual.

8 ‘‘(C) LIABILITY.—

9 ‘‘(i) IN GENERAL.—If any employer

10 that is a member of an association hires for

11 employment in the United States an indi12 vidual and relies upon the provisions of

13 subparagraph (A) to comply with the re14 quirements of subsection (b) and the indi15 vidual is an unauthorized alien, then for

16 the purposes of paragraph (1)(A), subject to

17 clause (ii), the employer shall be presumed

18 to have known at the time of hiring or

19 afterward that the individual was an unau20 thorized alien.

21 ‘‘(ii) REBUTTAL OF PRESUMPTION.—

22 The presumption established by clause (i)

23 may be rebutted by the employer only

24 through the presentation of clear and con25 vincing evidence that the employer did not
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1 know (and could not reasonably have

2 known) that the individual at the time of

3 hiring or afterward was an unauthorized

4 alien.’’.

5 (d) ELIMINATION OF DATED PROVISIONS.—Section

6 274A (8 U.S.C. 1324a) is amended by striking subsections

7 (i) through (n).

8 (e) EFFECTIVE DATES.—

9 (1) Except as provided in this subsection, the

10 amendments made by this section shall apply with re11 spect to hiring (or recruiting or referring) occurring

12 on or after such date (not later than 180 days after

13 the date of the enactment of this Act) as the Attorney

14 General shall designate.

15 (2) The amendments made by subsections (a)(1)

16 and (a)(2) shall apply with respect to the hiring (or

17 recruiting or referring) occurring on or after such

18 date (not later than 18 months after the date of the

19 enactment of this Act) as the Attorney General shall

20 designate.

21 (3) The amendment made by subsection (c) shall

22 apply to individuals hired on or after 60 days after

23 the date of the enactment of this Act.

24 (4) The amendment made by subsection (d) shall

25 take effect on the date of the enactment of this Act.
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1 (5) Not later than 180 days after the date of the

2 enactment of this Act, the Attorney General shall

3 issue regulations which shall provide for the electronic

4 storage of forms I-9, in satisfaction of the require5 ments of section 274A(b)(3) of the Immigration and

6 Nationality Act as amended by this Act.

7 SEC. 404. REPORTS ON EARNINGS OF ALIENS NOT AUTHOR8 IZED TO WORK.

9 Subsection (c) of section 290 (8 U.S.C. 1360) is

10 amended to read as follows:

11 ‘‘(c)(1) Not later than 3 months after the end of each

12 fiscal year (beginning with fiscal year 1995), the Commis13 sioner of Social Security shall report to the Committees on

14 the Judiciary of the House of Representatives and the Sen15 ate on the aggregate number of social security account num16 bers issued to aliens not authorized to be employed to which

17 earnings were reported to the Social Security Administra18 tion in such fiscal year.

19 ‘‘(2) If earnings are reported on or after January 1,

20 1996, to the Social Security Administration on a social se21 curity account number issued to an alien not authorized

22 to work in the United States, the Commissioner of Social

23 Security shall provide the Attorney General with informa24 tion regarding the name and address of the alien, the name

25 and address of the person reporting the earnings, and the
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1 amount of the earnings. The information shall be provided

2 in an electronic form agreed upon by the Commissioner and

3 the Attorney General.’’.

4 SEC. 405. AUTHORIZING MAINTENANCE OF CERTAIN INFOR5 MATION ON ALIENS.

6 Section 264 (8 U.S.C. 1304) is amended by adding

7 at the end the following new subsection:

8 ‘‘(f) Notwithstanding any other provision of law, the

9 Attorney General is authorized to require any alien to pro10 vide the alien’s social security account number for purposes

11 of inclusion in any record of the alien maintained by the

12 Attorney General or the Service.’’.

13 SEC. 406. LIMITING LIABILITY FOR CERTAIN TECHNICAL

14 VIOLATIONS OF PAPERWORK REQUIRE15 MENTS.

16 (a) IN GENERAL.—Section 274A(e)(1) (8 U.S.C.

17 1324a(e)(1)) is amended—

18 (1) by striking ‘‘and’’ at the end of subpara19 graph (C),

20 (2) by striking the period at the end of subpara21 graph (D) and inserting ‘‘, and’’, and

22 (3) by adding at the end the following new sub23 paragraph:

24 ‘‘(E) under which a person or entity shall

25 not be considered to have failed to comply with
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1 the requirements of subsection (b) based upon a

2 technical or procedural failure to meet a require3 ment of such subsection in which there was a

4 good faith attempt to comply with the require5 ment unless (i) the Service (or another enforce6 ment agency) has explained to the person or en7 tity the basis for the failure, (ii) the person or

8 entity has been provided a period of not less

9 than 10 business days (beginning after the date

10 of the explanation) within which to correct the

11 failure, and (iii) the person or entity has not

12 corrected the failure voluntarily within such pe13 riod, except that this subparagraph shall not

14 apply with respect to the engaging by any per15 son or entity of a pattern or practice of viola16 tions of subsection (a)(1)(A) or (a)(2).’’.

17 (b) EFFECTIVE DATE.—The amendments made by sub18 section (a) shall apply to failures occurring on or after the

19 date of the enactment of this Act.

20 SEC. 407. UNFAIR IMMIGRATION-RELATED EMPLOYMENT

21 PRACTICES.

22 (a) REQUIRING CERTAIN REMEDIES IN UNFAIR IMMI23 GRATION-RELATED DISCRIMINATION ORDERS.—Section

24 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is amended—
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1 (1) in subparagraph (A), by adding at the end

2 the following: ‘‘Such order also shall require the per3 son or entity to comply with the requirements of

4 clauses (ii) and (vi) of subparagraph (B).’’;

5 (2) in subparagraph (B), by striking ‘‘Such an

6 order’’ and inserting ‘‘Subject to the second sentence

7 of subparagraph (A), such an order’’; and

8 (3) in subparagraph (B)(vi), by inserting before

9 the semicolon at the end the following: ‘‘and to certify

10 the fact of such education’’.

11 (b) TREATMENT OF CERTAIN DOCUMENTARY PRAC12 TICE AS EMPLOYMENT PRACTICES.—Section 274B(a)(6) (8

13 U.S.C. 1324b(a)(6)) is amended—

14 (1) by striking ‘‘For’’ and inserting ‘‘(A) Subject

15 to subparagraph (B), for’’, and

16 (2) by adding at the end the following new sub17 paragraph:

18 ‘‘(B) A person or other entity—

19 ‘‘(i) may request a document proving a re20 newal of employment authorization when an in21 dividual has previously submitted a time-limited

22 document to satisfy the requirements of section

23 274A(b)(1); or

24 ‘‘(ii) if possessing reason to believe that an

25 individual presenting a document which reason-
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1 ably appears on its face to be genuine is nonethe2 less an unauthorized alien, may (I) inform the

3 individual of the question about the document’s

4 validity, and of such person or other entity’s in5 tention to verify the validity of such document,

6 and (II) upon receiving confirmation that the

7 individual is unauthorized to work, may dismiss

8 the individual with no benefits or rights accru9 ing on the basis of the period employed.

10 Nothing in this provision prohibits an individual

11 from offering alternative documents that satisfy the

12 requirements of section 274A(b)(1).’’.

13 (c) EFFECTIVE DATE.—The amendments made by sub14 section (a) shall apply to orders issued on or after the first

15 day of the first month beginning at least 90 days after the

16 date of the enactment of this Act.

17 TITLE V—REFORM OF LEGAL

18 IMMIGRATION SYSTEM

19 SEC. 500. OVERVIEW OF NEW LEGAL IMMIGRATION SYSTEM.

20 This title amends the legal immigration provisions of

21 the Immigration and Nationality Act so as to provide for

22 the following (beginning with fiscal year 1997):

23 (1) DIVISION OF IMMIGRATION AMONG 3 CAT24 EGORIES.—There will be a worldwide level of immi25 gration of approximately 562,000, divided among—
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1 (A) family-sponsored immigrants, with a

2 worldwide annual numerical limitation (after a

3 transition) of approximately 330,000,

4 (B) employment-based immigrants, with a

5 worldwide annual numerical limitation of

6 135,000,

7 (C) diversity immigrants, with a worldwide

8 annual numerical limitation of 27,000, and

9 (D) humanitarian immigrants, with a

10 worldwide annual numerical limitation (after a

11 transition) of approximately 70,000.

12 Congress is required to reevaluate and reauthorize

13 these numbers every 5 years.

14 (2) FAMILY-SPONSORED IMMIGRANTS.—

15 (A) CATEGORIES.—Family-sponsored immi16 grants are (i) spouses and children of citizens,

17 (ii) spouses and children of permanent resident

18 aliens, (iii) parents of adult United States citi19 zens if the parents meet certain insurance re20 quirements, and (iv) sons or daughters of United

21 States citizens or sons or daughters of permanent

22 resident aliens who have never been married, are

23 childless, but for the residence requirements

24 would qualify as dependents for Federal income
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1 tax purposes, and are at least 21 but not more

2 than 25 years of age.

3 (B) NUMERICAL LIMITATIONS.—

4 (i) There will be no direct numerical

5 limit on admission of spouses and children

6 of United States citizens.

7 (ii) The annual numerical limit on ad8 mission of spouses and children of perma9 nent residents will not be below 85,000.

10 (iii) The annual numerical limit on

11 admission of parents of United States citi12 zens will not be below 25,000.

13 (3) EMPLOYMENT-BASED IMMIGRANTS.—Employ14 ment-based immigrants will fall within the following

15 categories and numerical limitations:

16 (A) EXTRAORDINARY IMMIGRANTS.—First,

17 aliens with extraordinary ability, up to 15,000

18 each year.

19 (B) OUTSTANDING PROFESSORS AND RE20 SEARCHERS AND MULTINATIONAL EXECUTIVES.—

21 Second, aliens who are outstanding professors

22 and researchers or multinational executives or

23 managers, up to 30,000 each year, plus any left

24 from the previous category.
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1 (C) PROFESSIONALS WITH ADVANCED DE2 GREES OR EXCEPTIONAL ABILITY ALIENS.—

3 Third, aliens who are members of the professions

4 holding advanced degrees or who have excep5 tional ability, up to 30,000 each year, plus any

6 left from the previous categories.

7 (D) OTHER PROFESSIONALS AND SKILLED

8 WORKERS.—Fourth, aliens who are skilled work9 ers with at least 4 years of training and work

10 experience or are professionals with a bacca11 laureate degree and at least 2 years’ experience,

12 up to 45,000 each year, plus any left from the

13 previous categories.

14 (E) INVESTORS.—Fifth, aliens who are in15 vesting at least $1,000,000 in enterprises in the

16 United States that will employ at least 10 work17 ers, up to 10,000 each year (with a 2-year pilot

18 program for those investing at least $500,000 in

19 enterprises employing at least 5 workers).

20 (F) CERTAIN SPECIAL IMMIGRANTS.—Last21 ly, aliens who fall within certain classes of spe22 cial immigrants (such as religious ministers,

23 aliens who have worked for the Government

24 abroad, certain long-term alien employees of

25 international organizations, certain dependent
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1 juveniles, and certain long-term alien members

2 of the Armed Forces), up to 5,000 each year.

3 (4) DIVERSITY IMMIGRANTS.—Diversity immi4 grants are chosen from the 10 countries in each re5 gion with the highest demand for diversity visas by

6 random selection.

7 (5) HUMANITARIAN IMMIGRANTS.—Humani8 tarian immigrants will fall within the following cat9 egories and numerical limitations:

10 (A) REFUGEES.—Refugees, subject to a nu11 merical limitation (after a transition and ex12 cluding emergency refugees) of 50,000 or such

13 higher number as the Congress may provide by

14 law.

15 (B) ASYLEES.—Aliens seeking asylum, sub16 ject to no numerical limitation in any year. As

17 under current law, asylees may adjust to perma18 nent residence status at a rate of up to 10,000

19 each year.

20 (C) OTHER HUMANITARIAN IMMIGRANTS.—

21 Other immigrants who are of special humani22 tarian concern to the United States, up to

23 10,000 each year.

24 (6) TRANSITION.—
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1 (A) ADDITIONAL VISA NUMBERS FOR

2 SPOUSES AND MINOR, UNMARRIED CHILDREN OF

3 PERMANENT RESIDENT ALIENS.—In order to re4 duce the current backlog for spouses and minor,

5 unmarried children of lawful permanent resi6 dents, there will be at least an additional 50,000

7 immigrant visa numbers made available for

8 these aliens for each of 5 fiscal years, with prior9 ity for spouses and children of aliens who did

10 not participate in a legalization program.

11 (B) PHASE-DOWN IN NORMAL FLOW REFU12 GEE NUMERICAL LIMITATION.—The annual nu13 merical limitation on non-emergency refugees

14 (without specific approval of Congress) will be

15 phased down to 75,000 in fiscal year 1997 and

16 50,000 in fiscal year 1998 and thereafter.

17 Subtitle A—Worldwide Numerical

18 Limits

19 SEC. 501. WORLDWIDE NUMERICAL LIMITATION ON FAMILY20 SPONSORED IMMIGRANTS.

21 (a) OVERVIEW.—

22 (1) The amendment made by subsection (b) pro23 vides for a worldwide level of family-sponsored immi24 grants of 330,000 less the number of spouses and chil25 dren of citizens admitted in the previous year.
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1 (2) However, there will be no limit on spouses

2 and children of citizens, nor would the number of

3 visas available to spouses and children of lawful per4 manent residents go below 85,000, nor would the

5 number of visas available to parents of citizens go

6 below 25,000.

7 (3) Any excess in family immigration above

8 330,000 would come from other unused visas and, if

9 necessary, from future visa numbers.

10 (4) If there are any remaining family visas,

11 these visas would be added to the visas made available

12 to spouses and children of lawful permanent resident

13 aliens.

14 (b) AMENDMENT.—Subsection (c) of section 201 (8

15 U.S.C. 1151) is amended to read as follows:

16 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM17 MIGRANTS.—

18 ‘‘(1) IN GENERAL.—Subject to the succeeding

19 provisions of this subsection, the worldwide level of

20 family-sponsored immigrants under this subsection

21 (in this subsection referred to as the ‘worldwide fam22 ily level’) for a fiscal year is 330,000.

23 ‘‘(2) REDUCTION FOR SPOUSES AND CHILDREN

24 OF UNITED STATES CITIZENS AND CERTAIN OTHER

25 FAMILY-RELATED IMMIGRANTS.—The worldwide fam-
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1 ily level for a fiscal year shall be reduced (but not

2 below a number sufficient to provide for the mini3 mum visa numbers described in paragraph (4)) by

4 the number of aliens described in subsection (b)(2)

5 who were issued immigrant visas or who otherwise

6 acquired the status of aliens lawfully admitted to the

7 United States for permanent residence in the previous

8 fiscal year.

9 ‘‘(3) FURTHER REDUCTION FOR ANY PREVIOUS

10 EXCESS FAMILY IMMIGRATION.—

11 ‘‘(A) IN GENERAL.—If there are excess fam12 ily admissions in a particular fiscal year (as de13 termined under subparagraph (B)) beginning

14 with fiscal year 1997, then for the following fis15 cal year the worldwide family level shall be re16 duced (but not below a number sufficient to pro17 vide for the minimum visa numbers described in

18 paragraph (4)) by the net number of excess ad19 missions in that particular fiscal year (as de20 fined in subparagraph (C)).

21 ‘‘(B) DETERMINATION OF EXCESS FAMILY

22 ADMISSIONS.—For purposes of subparagraph

23 (A), there are excess family admissions in a fis24 cal year if—
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1 ‘‘(i) the number of aliens who are is2 sued immigrant visas or who otherwise ac3 quire the status of aliens lawfully admitted

4 to the United States for permanent resi5 dence under section 203(a) or subsection

6 (b)(2) in a fiscal year, exceeds

7 ‘‘(ii) 330,000, less the carryforward

8 number of excess admissions for the pre9 vious fiscal year (as defined in subpara10 graph (D)).

11 For purposes of this subparagraph, immigrant

12 visa numbers issued under section 553 of the Im13 migration in the National Interest Act of 1995

14 (relating to certain transition immigrants) shall

15 not be counted under clause (i).

16 ‘‘(C) NET NUMBER OF EXCESS ADMIS17 SIONS.—For purposes of subparagraph (A), the

18 ‘net number of excess admissions’ for a fiscal

19 year is—

20 ‘‘(i) the excess described in subpara21 graph (B) for the fiscal year, reduced (but

22 not below zero) by

23 ‘‘(ii) the number (if any) by which the

24 worldwide level under subsection (d) for the

25 previous fiscal year exceeds the number of
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1 immigrants who are issued immigrant visas

2 or who otherwise acquire the status of aliens

3 lawfully admitted to the United States for

4 permanent residence under section 203(b)

5 in that previous fiscal year.

6 ‘‘(D) CARRYFORWARD NUMBER OF EXCESS

7 ADMISSIONS.—For purposes of subparagraph

8 (B)(ii), the carryforward number of excess ad9 missions for a particular fiscal year is the net

10 number of excess admissions for the previous fis11 cal year (as defined in subparagraph (C)), re12 duced by the reductions effected under subpara13 graph (A) and paragraph (5) in visa numbers

14 for the particular fiscal year.

15 ‘‘(4) NO REDUCTION IN NUMBER OF SPOUSES

16 AND CHILDREN OF LAWFUL PERMANENT RESIDENTS

17 OR PARENTS OF UNITED STATES CITIZENS.—

18 ‘‘(A) SPOUSES AND CHILDREN OF LAWFUL

19 PERMANENT RESIDENTS.—Any reductions in the

20 worldwide family level for a fiscal year under

21 paragraph (2) or (3) shall not reduce the number

22 of visas available to spouses and children of law23 ful permanent residents below 85,000.

24 ‘‘(B) PARENTS OF UNITED STATES CITI25 ZENS.—Any reductions in the worldwide family
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1 level for a fiscal year under paragraph (2) or (3)

2 shall not reduce the number of visas available to

3 parents of United States citizens below 25,000.

4 ‘‘(5) ADJUSTMENT IN CERTAIN EMPLOYMENT5 BASED VISA NUMBERS IN CASE OF REMAINING EXCESS

6 FAMILY ADMISSIONS.—

7 ‘‘(A) IN GENERAL.—If there is a remaining

8 excess number of family admissions (as described

9 in subparagraph (B)) in a fiscal year (beginning

10 with fiscal year 1997) that is greater than zero,

11 then for the following fiscal year there shall be

12 reductions in immigrant visa numbers made

13 available under subsection (d) and section

14 203(b)(4) by the lesser of—

15 ‘‘(i) the remaining excess number of

16 family admissions (described in subpara17 graph (B)), or

‘‘(ii) 1 18 ⁄2 of the maximum number of

19 visa numbers that could (but for this para20 graph) otherwise be made available under

21 section 203(b)(5) in such following fiscal

22 year.

23 ‘‘(B) REMAINING EXCESS NUMBER OF FAM24 ILY ADMISSIONS DESCRIBED.—For purposes of

25 subparagraph (A), the ‘remaining excess number
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1 of family admissions’ in a fiscal year is the net

2 number of excess admissions for the fiscal year

3 (as defined in paragraph (3)(C)), reduced by the

4 reduction (if any) effected under paragraph (3)

5 in visa numbers for the succeeding fiscal year.’’.

6 SEC. 502. WORLDWIDE NUMERICAL LIMITATION ON EM7 PLOYMENT-BASED IMMIGRANTS.

8 Subsection (d) of section 201 (8 U.S.C. 1151) is

9 amended to read as follows:

10 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED IM11 MIGRANTS.—The worldwide level of employment-based im12 migrants under this subsection for a fiscal year is—

13 ‘‘(1) 135,000, minus

14 ‘‘(2) beginning with fiscal year 1998, the total of

15 the reductions (if any) in visa numbers under section

16 203(a)(3)(C) made for the fiscal year pursuant to

17 subsection (c)(5) and in visa numbers under this sub18 section for the fiscal year pursuant to section

19 203(a)(3)(B)(ii)(II).’’.

20 SEC. 503. WORLDWIDE NUMERICAL LIMITATION ON DIVER21 SITY IMMIGRANTS.

22 Subsection (e) of section 201 (8 U.S.C. 1151) is

23 amended to read as follows:
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1 ‘‘(e) WORLDWIDE LEVEL OF DIVERSITY IMMI2 GRANTS.—The worldwide level of diversity immigrants is

3 equal to 27,000 for each fiscal year.’’.

4 SEC. 504. ESTABLISHMENT OF NUMERICAL LIMITATION ON

5 HUMANITARIAN IMMIGRANTS.

6 (a) IN GENERAL.—Section 201 (8 U.S.C. 1151) is

7 amended—

8 (1) in subsection (a)—

9 (A) by striking ‘‘and’’ at the end of para10 graph (2),

11 (B) by striking the period at the end of

12 paragraph (3) and inserting ‘‘; and’’, and

13 (C) by adding at the end the following new

14 paragraph:

15 ‘‘(4) for fiscal years beginning with fiscal year

16 1997, humanitarian immigrants described in section

17 203(e) (or who are admitted under section 211(a) on

18 the basis of a prior issuance of a visa to their accom19 panying parent under section 203(e)) in a number

20 not to exceed in any fiscal year the number specified

21 in subsection (f) for that year, and not to exceed in

22 any of the first 3 quarters of any fiscal year 27 per23 cent of the worldwide level under such subsection for

24 all of such fiscal year.’’; and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(f) WORLDWIDE LEVEL OF HUMANITARIAN IMMI4 GRANTS.—

5 ‘‘(1) IN GENERAL.—Subject to the succeeding

6 provisions of this subsection, the worldwide level of

7 humanitarian immigrants (in this subsection referred

8 to as the ‘worldwide humanitarian level’) under this

9 subsection for a fiscal year is equal to 70,000.

10 ‘‘(2) REDUCTION FOR HUMANITARIAN IMMI11 GRANTS WHO ARE REFUGEES OR ASYLEES.—The

12 worldwide humanitarian level for a fiscal year shall

13 be reduced by the sum of—

14 ‘‘(A) 50,000, or, if less, the number of aliens

15 who were admitted as refugees under section 207

16 in the previous fiscal year, and

17 ‘‘(B) the number of aliens who had been

18 granted asylum whose status was adjusted in the

19 previous fiscal year under section 209(b).

20 ‘‘(3) REDUCTION FOR PRIOR YEAR CANCELLA21 TION OF REMOVAL AND REGISTRY.—The worldwide

22 humanitarian level for a fiscal year shall be further

23 reduced by the sum of—

24 ‘‘(A) the number of aliens whose removal

25 was canceled and who were provided lawful per-
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1 manent resident status in the previous fiscal

2 year under section 240A, and

3 ‘‘(B) the number of aliens who were pro4 vided permanent resident status in the previous

5 fiscal year under section 249.

6 ‘‘(4) LIMITATION.—In no case shall the world7 wide humanitarian level for a fiscal year (taking into

8 account any reductions under paragraphs (2) and

9 (3)) exceed 10,000.’’.

10 (b) TRANSITION.—In determining the worldwide hu11 manitarian level under section 201(f) of the Immigration

12 and Nationality Act for fiscal year 1997, the reference in

13 paragraph (3)(A) of such section to ‘section 240A’ is deemed

14 a reference to ‘section 244(a)’.

15 SEC. 505. REQUIRING CONGRESSIONAL REVIEW AND REAU16 THORIZATION OF WORLDWIDE LEVELS EVERY

17 5 YEARS.

18 Section 201 (8 U.S.C. 1151) is further amended by

19 adding at the end the following new subsection:

20 ‘‘(g) REQUIREMENT FOR PERIODIC REVIEW AND RE21 AUTHORIZATION OF WORLDWIDE LEVELS.—

22 ‘‘(1) CONGRESSIONAL REVIEW.—The Committees

23 on the Judiciary of the House of Representatives and

24 of the Senate shall undertake during fiscal year 2004

25 (and each fifth fiscal year thereafter) a thorough re-
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1 view of the appropriate worldwide levels of immigra2 tion to be provided under this section during the 5-

3 fiscal-year period beginning with the second subse4 quent fiscal year.

5 ‘‘(2) CONGRESSIONAL REAUTHORIZATION.—The

6 Congress, after consideration of the reviews under

7 paragraph (1) and by amendment to this section,

8 shall specify the appropriate worldwide levels of im9 migration to be provided under this section during

10 the 5-fiscal-year period beginning with the second

11 subsequent fiscal year.

12 ‘‘(3) SUNSET IN ABSENCE OF REAUTHORIZA13 TION.—The worldwide levels specified under the pre14 vious provisions of this section are applicable only to

15 fiscal years 1997 through 2005. Immigrant visa num16 bers for fiscal years after fiscal year 2005 that are

17 subject to such levels are only authorized to the extent

18 provided by amendment under paragraph (2) made to

19 this section.’’.

20 Subtitle B—Changes in Preference

21 System

22 SEC. 511. LIMITATION OF IMMEDIATE RELATIVES TO

23 SPOUSES AND CHILDREN.

24 (a) RECLASSIFICATION.—Section 201(b)(2)(A) (8

25 U.S.C. 1151(b)(2)(A)) is amended—
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1 (1) in clause (i)—

2 (A) by striking ‘‘IMMEDIATE RELATIVES.—

3 ’’ and all that follows through the end of the first

4 sentence and inserting ‘‘An alien who is a spouse

5 or child of a citizen of the United States.’’, and

6 (B) in the second sentence, by striking ‘‘an

7 immediate relative’’ and inserting ‘‘a spouse of

8 a citizen of the United States’’; and

9 (2) in clause (ii), by striking ‘‘such an imme10 diate relative’’ and inserting ‘‘a spouse of a citizen of

11 the United States’’.

12 (b) PROTECTION OF CERTAIN CHILDREN FROM AGING

13 OUT OF PREFERENCE STATUS.—

14 (1) IN GENERAL.—Section 204 (8 U.S.C. 1154)

15 is amended by adding at the end the following new

16 subsection:

17 ‘‘(i) For purposes of applying section 101(b)(1) in the

18 case of issuance of an immigrant visa to, or admission or

19 adjustment of status of, an alien under section 201(b)(2)(A),

20 section 203(a)(1), or 203(e) as a child of a citizen of the

21 United States or a permanent resident alien, the age of the

22 alien shall be determined as of the date of the filing of the

23 classification petition under section 204(a)(1) as such a

24 child of a citizen of the United States or a permanent resi25 dent alien.’’.
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1 (2) EFFECTIVE DATE.—The amendment made by

2 paragraph (1) shall apply to immigrant visas issued

3 on or after October 1, 1996.

4 SEC. 512. CHANGE IN FAMILY-SPONSORED CLASSIFICATION.

5 (a) IN GENERAL.—Section 203(a) (8 U.S.C. 1153(a))

6 is amended by striking paragraphs (1) through (4) and in7 serting the following:

8 ‘‘(1) SPOUSES AND CHILDREN OF LAWFUL PER9 MANENT RESIDENT ALIENS.—Immigrants who are the

10 spouses and children of an alien lawfully admitted for

11 permanent residence shall be allocated visas in a

12 number not to exceed 85,000, plus any immigrant

13 visas not used under paragraphs (2) and (3).

14 ‘‘(2) PARENTS OF UNITED STATES CITIZENS.—

15 ‘‘(A) IN GENERAL.—Immigrants who are

16 the parents of an individual who is at least 21

17 years of age and a citizen of the United States

18 shall be allocated visas in a number, which is

19 not less than 25,000 and does not exceed the less20 er of—

21 ‘‘(i) 45,000, or

22 ‘‘(ii) the number by which the world23 wide level exceeds 85,000.
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1 ‘‘(B) REFERENCE TO INSURANCE REQUIRE2 MENT.—For requirement relating to insurance

3 for parents, see section 212(a)(4)(D).

4 ‘‘(3) ADULT SONS AND DAUGHTERS.—

5 ‘‘(A) IN GENERAL.—Immigrants who are

6 the qualifying adult sons or daughters (as de7 fined in subparagraph (C)) of an individual who

8 is (i) at least 21 years of age and (ii) either a

9 citizen of the United States or an alien lawfully

10 admitted for permanent residence shall be allo11 cated visas according to the levels established in

12 subparagraph (B).

13 ‘‘(B) ALLOCATION OF VISAS TO ADULT SONS

14 AND DAUGHTERS OF UNITED STATES CITIZENS

15 AND PERMANENT RESIDENT ALIENS.—

16 ‘‘(i) IN GENERAL.—Subject to clause

17 (ii), any remaining visas shall be allocated

18 under this paragraph in a number not to

19 exceed the lesser of—

20 ‘‘(I) 5,000, or

21 ‘‘(II) the number by which the

22 worldwide level exceeds the sum of

23 85,000 and the number of immigrant

24 visas used under paragraph (2).
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1 ‘‘(ii) ALLOCATION OF ADDITIONAL VISA

2 NUMBERS.—

3 ‘‘(I) IN GENERAL.—If the demand

4 for visa numbers under this paragraph

5 exceeds the number (if any) available

6 under clause (i) in any fiscal year, an

7 additional number of visas shall be

8 made available under this paragraph,

9 but not to exceed 5,000 additional

10 visas numbers in any fiscal year.

11 ‘‘(II) OFFSETTING REDUCTION IN

12 THE LEVELS OF EMPLOYMENT-BASED

13 VISAS.—If an additional number of

14 visa numbers are made available under

15 subclause (I) in a fiscal year, the num16 ber of visas made available under sec17 tion 201(a)(2) and paragraphs (1)

18 through (6) of subsection (b) in the fis19 cal year shall be reduced by a number

20 equal to such additional number re21 duced by the amount (if any) by which

22 110,000 exceeds the number of immi23 grant visas used under paragraphs (1)

24 and (2) of this subsection in the fiscal

25 year. The reduction under each such
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1 paragraph of subsection (b) shall be in

2 the same proportion to the total reduc3 tion as the ratio of the numerical limi4 tation under each such paragraph

5 specified under such subsection to the

6 worldwide level of employment-based

7 immigrants (as specified in section

8 201(d)).

9 ‘‘(C) QUALIFICATIONS.—For purposes of

10 this paragraph, the term ‘qualifying adult son or

11 daughter’ means an immigrant who, as of the

12 date of approval of the classification petition

13 under section 204(a)(1)—

14 ‘‘(i) is at least 21, but not more than

15 25 years of age,

16 ‘‘(ii) has never been married,

17 ‘‘(iii) is childless, and

18 ‘‘(iv) would qualify as a dependent of

19 the petitioning individual for Federal in20 come tax purposes, except that the immi21 grant does not meet the residence require22 ments.

23 ‘‘(D) THREE-YEAR CONDITIONAL REQUIRE24 MENT.—
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1 ‘‘(i) CONDITIONAL BASIS FOR STA2 TUS.—Notwithstanding any other provision

3 of this Act, an alien provided lawful perma4 nent residence status on the basis of being

5 a qualifying adult son or daughter shall be

6 considered, at the time of obtaining the sta7 tus of an alien lawfully admitted for per8 manent residence, to have obtained such sta9 tus on a conditional basis subject to the pro10 visions of this subparagraph.

11 ‘‘(ii) REQUIREMENTS OF NOTICE AND

12 PETITIONING FOR REMOVAL OF CONDI13 TIONAL STATUS.—The Attorney General

14 shall establish, by regulation, procedures

15 which incorporate the requirements of notice

16 and petitioning for removal of conditional

17 status similar to the requirements for re18 moval of conditional status under section

19 216A.

20 ‘‘(iii) TERMINATION OF STATUS.—In

21 the case of an alien with permanent resi22 dent status on a conditional basis under

23 clause (i), the alien must demonstrate that

24 the alien met the qualifications set forth in

25 subparagraph (C) as of the date of approval
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1 of the classification petition under section

2 204(a). In the absence of such a demonstra3 tion by the alien, the alien’s status shall be

4 terminated.

5 ‘‘(iv) SPECIAL RULE.—In applying

6 section 216A under this subparagraph, any

7 reference to the ‘second’ anniversary in such

8 section is deemed a reference to the ‘third’

9 anniversary.’’.

10 (b) INSURANCE REQUIREMENT.—Section 212(a)(4) (8

11 U.S.C. 1182(a)(4)), as amended by section 621(a), is

12 amended by adding at the end the following new subpara13 graph:

14 ‘‘(D) INSURANCE REQUIREMENTS FOR PAR15 ENTS.—

16 ‘‘(i) IN GENERAL.—Any alien who

17 seeks admission as a parent under section

18 203(a)(2) is inadmissible unless the alien

19 demonstrates at the time of issuance of the

20 visa (and at the time of admission) to the

21 satisfaction of the consular officer and the

22 Attorney General that the alien—

23 ‘‘(I) will have coverage under an

24 adequate health insurance policy (at

25 least comparable to coverage provided
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1 under the medicare program under

2 title XVIII of the Social Security Act),

3 and

4 ‘‘(II) will have coverage with re5 spect to long-term health needs (at least

6 comparable to such coverage provided

7 under the medicaid program under

8 title XIX of such Act for the State in

9 which either the alien intends to reside

10 or in which the petitioner, on behalf of

11 the alien under section 204(a)(1), re12 sides),

13 throughout the period the individual is re14 siding in the United States.

15 ‘‘(ii) FACTORS TO BE TAKEN INTO AC16 COUNT.—In making a determination under

17 clause (i), the Attorney General shall take

18 into account the age of the parent and the

19 likelihood of the parent securing health in20 surance coverage through employment.’’.

21 SEC. 513. CHANGE IN EMPLOYMENT-BASED CLASSIFICA22 TION.

23 (a) IN GENERAL.—Section 203(b) (8 U.S.C. 1153(b))

24 is amended—
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1 (1) by redesignating paragraph (6) as para2 graph (7);

3 (2) by striking paragraphs (1) through (5) and

4 inserting the following:

5 ‘‘(1) ALIENS WITH EXTRAORDINARY ABILITY.—

6 Visas shall first be made available in a number not

7 to exceed 15,000 of such worldwide level to immi8 grants—

9 ‘‘(A) who have extraordinary ability in the

10 sciences, arts, education, business, or athletics

11 which has been demonstrated by sustained na12 tional or international acclaim and whose

13 achievements have been recognized in the field

14 through sufficient documentation,

15 ‘‘(B) who seek to be admitted into the

16 United States to continue work in the area of ex17 traordinary ability, and

18 ‘‘(C) whose admission into the United

19 States will substantially benefit prospectively the

20 United States.

21 ‘‘(2) ALIENS WHO ARE OUTSTANDING PROFES22 SORS AND RESEARCHERS OR MULTINATIONAL EXECU23 TIVES AND MANAGERS.—

24 ‘‘(A) IN GENERAL.—Visas shall be made

25 available, in a number not to exceed 30,000 of
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1 such worldwide level, plus any visas not required

2 for the class specified in paragraph (1), to immi3 grants who are aliens described in subparagraph

4 (B) or (C).

5 ‘‘(B) OUTSTANDING PROFESSORS AND RE6 SEARCHERS.—An alien is described in this sub7 paragraph if—

8 ‘‘(i) the alien is recognized internation9 ally as outstanding in a specific academic

10 area,

11 ‘‘(ii) the alien has at least 3 years of

12 experience in teaching or research in the

13 academic area, and

14 ‘‘(iii) the alien seeks to enter the

15 United States—

16 ‘‘(I) for a tenured position (or

17 tenure-track position) within a univer18 sity or institution of higher education

19 to teach in the academic area,

20 ‘‘(II) for a comparable position

21 with a university or institution of

22 higher education to conduct research in

23 the area, or

24 ‘‘(III) for a comparable position

25 to conduct research in the area with a
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1 department, division, or institute of a

2 private employer, if the department,

3 division, or institute employs at least 3

4 persons full-time in research activities

5 and has achieved documented accom6 plishments in an academic field.

7 ‘‘(C) CERTAIN MULTINATIONAL EXECU8 TIVES AND MANAGERS.—An alien is de9 scribed in this subparagraph if the alien, in

10 the 3 years preceding the time of the alien’s

11 application for classification and admission

12 into the United States under this subpara13 graph, has been employed for at least 1 year

14 by a firm or corporation or other legal en15 tity or an affiliate or subsidiary thereof and

16 the alien seeks to enter the United States in

17 order to continue to render services to the

18 same employer or to a subsidiary or affili19 ate thereof in a capacity that is managerial

20 or executive.

21 ‘‘(3) ALIENS WHO ARE MEMBERS OF THE PRO22 FESSIONS HOLDING ADVANCED DEGREES OR ALIENS

23 OF EXCEPTIONAL ABILITY.—

24 ‘‘(A) IN GENERAL.—Visas shall be made

25 available, in a number not to exceed 30,000 of
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1 such worldwide level, plus any visas not required

2 for the classes specified in paragraphs (1) and

3 (2), to immigrants who are aliens described in

4 subparagraph (B).

5 ‘‘(B) ALIENS WHO ARE MEMBERS OF THE

6 PROFESSIONS HOLDING ADVANCED DEGREES OR

7 ALIENS OF EXCEPTIONAL ABILITY.—

8 ‘‘(i) IN GENERAL.—An alien is de9 scribed in this subparagraph if the alien is

10 a member of a profession holding an ad11 vanced degree or its equivalent or who be12 cause of exceptional ability in the sciences,

13 arts, or business will substantially benefit

14 prospectively the national economy, cultural

15 or educational interests, or welfare of the

16 United States, and whose services in the

17 sciences, arts, professions, or business are

18 sought by an employer in the United States.

19 ‘‘(ii) DETERMINATION OF EXCEP20 TIONAL ABILITY.—In determining under

21 clause (i) whether an immigrant has excep22 tional ability, the possession of a degree, di23 ploma, certificate, or similar award from a

24 college, university, school, or other institu25 tion of learning or a license to practice or
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1 certification for a particular profession or

2 occupation shall not by itself be considered

3 sufficient evidence of such exceptional abil4 ity.

5 ‘‘(iii) LABOR CERTIFICATION RE6 QUIRED.—An immigrant visa may not be

7 issued to an immigrant under this subpara8 graph until the consular officer is in receipt

9 of a determination made by the Secretary of

10 Labor pursuant to the provisions of section

11 212(a)(5)(A).

12 ‘‘(iv) NATIONAL INTEREST WAIVER.—

13 The Attorney General may waive the re14 quirement under clause (iii) and the re15 quirement under clause (i) that an alien’s

16 services be sought by an employer in the

17 United States only if—

18 ‘‘(I) such a waiver is necessary to

19 substantially benefit—

20 ‘‘(aa) the national security,

21 national defense, or Federal,

22 State, or local law enforcement;

23 ‘‘(bb) health care, housing, or

24 educational opportunities for an

25 indigent or low-income population
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1 or in an underserved geographical

2 area;

3 ‘‘(cc) economic or employ4 ment opportunities for a specific

5 industry or a specific geographi6 cal area;

7 ‘‘(dd) the development of new

8 technologies; or

9 ‘‘(ee) environmental protec10 tion or the productive use of natu11 ral resources, and

12 ‘‘(II) the alien will engage in a

13 specific undertaking to advance one or

14 more of the interests under subclause

15 (I).

16 ‘‘(4) SKILLED WORKERS AND PROFESSIONALS.—

17 ‘‘(A) IN GENERAL.—Visas shall be made

18 available, in a number not to exceed 45,000 of

19 such worldwide level, plus any visas not required

20 for the classes specified in paragraphs (1)

21 through (3) to immigrants who are described in

22 subparagraph (B) or (C).

23 ‘‘(B) SKILLED WORKERS.—An alien de24 scribed in this subparagraph is an immigrant

25 who is capable, at the time a petition is filed, of
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1 performing skilled labor (requiring at least 2

2 years of training or experience), not of a tem3 porary or seasonal nature, for which qualified

4 workers are not available in the United States,

5 and who has a total of 4 years of training or ex6 perience (or both) with respect to such labor.

7 ‘‘(C) PROFESSIONALS.—

8 ‘‘(i) IN GENERAL.—An alien described

9 in this subparagraph is an immigrant who

10 holds a baccalaureate degree and is a mem11 ber of the professions and, subject to clause

12 (ii), has at least 2 years of experience in the

13 profession after the receipt of the degree.

14 ‘‘(ii) SPECIAL RULE FOR LANGUAGE

15 TEACHERS.—An alien who is a teacher and

16 has (within the previous 5 years) at least 2

17 years of experience teaching a language

18 (other than English) full-time at an accred19 ited elementary or middle school may be

20 classified and admitted as a professional

21 under this subparagraph if the alien is seek22 ing admission to teach such language full23 time in an accredited elementary or middle

24 school.
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1 ‘‘(D) LABOR CERTIFICATION REQUIRED.—

2 An immigrant visa may not be issued to an im3 migrant under this paragraph until the consular

4 officer is in receipt of a determination made by

5 the Secretary of Labor pursuant to the provi6 sions of section 212(a)(5)(A).

7 ‘‘(E) EXPERIENCE REQUIREMENT.—Any pe8 riod of experience acquired as a nonimmigrant

9 under section 101(a)(15)(E), 101(a)(15)(H)(i),

10 or 101(a)(15)(L) may be used to fulfill a require11 ment for experience under this paragraph.

12 ‘‘(5) INVESTORS IN JOB CREATION.—

13 ‘‘(A) IN GENERAL.—Visas shall be made

14 available, in a number not to exceed 10,000 of

15 such worldwide level less the reduction in visa

16 numbers under this paragraph required to be ef17 fected under section 201(c)(5)(A) for the fiscal

18 year involved, to immigrants seeking to enter the

19 United States for the purpose of engaging in a

20 new commercial enterprise—

21 ‘‘(i) which the alien has established,

22 ‘‘(ii) in which the alien has invested

23 (after the date of the enactment of the Im24 migration Act of 1990), or is actively in the
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1 process of investing, capital in an amount

2 not less $1,000,000, and

3 ‘‘(iii) which will benefit the United

4 States economy and create full-time employ5 ment for not fewer than 10 United States

6 citizens or aliens lawfully admitted for per7 manent residence or other immigrants law8 fully authorized to be employed in the Unit9 ed States (other than the immigrant and

10 the immigrant’s spouse, sons, or daughters).

11 ‘‘(B) PILOT PROGRAM.—For each of fiscal

12 years 1997 and 1998, up to 2,000 visas otherwise

13 made available under this paragraph shall be

14 made available to immigrants who would be de15 scribed in subparagraph (A) if ‘$500,000’ were

16 substituted for ‘$1,000,000’ in subparagraph

17 (A)(ii) and if ‘for not fewer than 5’ were sub18 stituted for ‘for not fewer than 10’ in subpara19 graph (A)(iii). By not later than April 1, 1998,

20 the Attorney General shall submit to Congress a

21 report on the operation of this subparagraph and

22 shall include in the report information describ23 ing the immigrants admitted under this para24 graph and the enterprises they invest in and a

25 recommendation on whether the pilot program
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1 under this subparagraph should be continued or

2 modified.

3 ‘‘(6) CERTAIN SPECIAL IMMIGRANTS.—Visas

4 shall be made available, in a number not to exceed

5 5,000 of such worldwide level, to qualified special im6 migrants described in section 101(a)(27) (other than

7 those described in subparagraph (A) thereof), of which

8 not more than 4,000 may be made available in any

9 fiscal year to special immigrants described in

10 subclause (II) or (III) of section 101(a)(27)(C)(ii).’’;

11 and

12 (3) by adding at the end the following new para13 graph:

14 ‘‘(8) NOT COUNTING WORK EXPERIENCE AS AN

15 UNAUTHORIZED ALIEN.—For purposes of this sub16 section, work experience obtained in employment in

17 the United States with respect to which the alien was

18 an unauthorized alien (as defined in section

19 274A(h)(3)) shall not be taken into account.’’.

20 (b) CONDITIONAL STATUS FOR CERTAIN FOREIGN

21 LANGUAGE TEACHERS.—

22 (1) IN GENERAL.—Title II is amended by insert23 ing after section 216A the following new section:
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1 ‘‘CONDITIONAL PERMANENT RESIDENT STATUS FOR

2 CERTAIN FOREIGN LANGUAGE TEACHERS

3 ‘‘SEC. 216B. (a) IN GENERAL.—Subject to the succeed4 ing provisions of this section, section 216A shall apply to

5 an alien foreign language teacher (as defined in subsection

6 (d)(1)) and to an alien spouse or alien child (as defined

7 in subsection (d)(2)) in the same manner as such section

8 applies to an alien entrepreneur and an alien spouse or

9 alien child.

10 ‘‘(b) TIMING FOR PETITION.—

11 ‘‘(1) IN GENERAL.—In applying section 216A

12 under subsection (a), any reference to a ‘second anni13 versary of an alien’s lawful admission for permanent

14 residence’ is deemed a reference to the end of the time

15 period described in paragraph (2).

16 ‘‘(2) TIME PERIOD FOR DETERMINATION.—The

17 time period described in this paragraph is 5 years

18 less the period of experience, during the 5-year period

19 ending on the date the alien foreign language teacher

20 obtains permanent resident status, of teaching a lan21 guage (other than English) full-time at an accredited

22 elementary or middle school.

23 ‘‘(c) REQUIREMENT FOR TOTAL OF 5 YEARS’ TEACH24 ING EXPERIENCE.—In applying section 216A under sub25 section (a), the determination of the Attorney General under
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1 section 216A(b)(1) shall be whether (and the facts and infor2 mation under section 216A(d)(1) shall demonstrate that)

3 the alien has been employed on a substantially full-time

4 basis as a foreign language teacher at an accredited elemen5 tary or middle school in the United States during the period

6 since obtaining permanent residence status (instead of the

7 determinations described in section 216A(b)(1) and of the

8 facts and information described in section 216A(d)(1)).

9 ‘‘(d) DEFINITIONS.—In this section:

10 ‘‘(1) The term ‘alien foreign language teacher’

11 means an alien who obtains the status of an alien

12 lawfully admitted for permanent residence (whether

13 on a conditional basis or otherwise) under section

14 203(b)(4)(C)(ii) on the basis of less than 5 years’

15 teaching experience.

16 ‘‘(2) The term ‘alien spouse’ and the term ‘alien

17 child’ mean an alien who obtains the status of an

18 alien lawfully admitted for permanent residence

19 (whether on a conditional basis or otherwise) by vir20 tue of being the spouse or child, respectively, of an

21 alien foreign language teacher.’’.

22 (2) CLERICAL AMENDMENT.—The table of con23 tents is amended by inserting after the item relating

24 to section 216A the following:

‘‘Sec. 216B. Conditional permanent resident status for certain foreign language

teachers.’’.
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1 SEC. 514. CHANGES IN DIVERSITY IMMIGRANT PROGRAM.

2 (a) APPLICATION ONLY TO 10 COUNTRIES WITH HIGH3 EST REGISTRANTS.—Section 203(c) (8 U.S.C. 1153(c)) is

4 amended—

5 (1) in paragraph (1)(B)(ii), by striking ‘‘and’’

6 at the end of subclause (I), by striking the period at

7 the end of subclause (II) and inserting ‘‘, and’’, and

8 by adding at the end the following new subclause:

9 ‘‘(III) within each region, the 10

10 foreign states which had the highest

11 number of registrants for the diversity

12 immigrant program under this sub13 section for the period beginning Octo14 ber 1, 1994, and ending September 30,

15 1996, and which are not high-admis16 sion states.’’; and

17 (2) by adding at the end of paragraph (1)(E) the

18 following new clause:

19 ‘‘(vi) TEN STATES ELIGIBLE IN EACH

20 REGION.—Only natives of the 10 states

21 identified for each region in subparagraph

22 (B)(ii)(III) are eligible for diversity visas.’’.

23 (b) CHANGE IN DEFINITION OF REGION.—Section

24 203(c)(1)(F) (8 U.S.C. 1153(c)(1)(F)) is amended—

25 (1) by striking ‘‘Northern Ireland shall be treat26 ed as a separate foreign state,’’,
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1 (2) by striking the comma after ‘‘foreign state’’,

2 (3) in clause (iv), by striking ‘‘(other than Mex3 ico)’’,

4 (4) in clause (vi), by striking ‘‘Mexico,’’.

5 (c) ESTABLISHING JOB OFFER REQUIREMENT.—

6 Paragraph (2) of section 203(c) (8 U.S.C. 1153(c)) is

7 amended to read as follows:

8 ‘‘(2) REQUIREMENT OF JOB OFFER AND EDU9 CATION OR SKILLED WORKER.—An alien is not eligi10 ble for a visa under this subsection unless the alien—

11 ‘‘(A) has a job offer in the United States

12 which has been verified;

13 ‘‘(B) has at least a high school education or

14 its equivalent; and

15 ‘‘(C) has at least 2 years of work experience

16 in an occupation which requires at least 2 years

17 of training.’’.

18 (d) ADDITIONAL PROVISIONS.—Section 203(c) (8

19 U.S.C. 1153) is further amended by adding at the end the

20 following new paragraphs:

21 ‘‘(4) FEES.—Fees for the furnishing and ver22 ification of applications for visas under this sub23 section and for the issuance of visas under this sub24 section may be prescribed by the Secretary of State in

25 such amounts as are adequate to compensate the De-
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1 partment of State for the costs of administering the

2 diversity immigrant program. Any such fees collected

3 may be deposited as an offsetting collection to the ap4 propriate Department of State appropriation to re5 cover the costs of such program and shall remain

6 available for obligation until expended.

7 ‘‘(5) INELIGIBILITY OF ALIENS UNLAWFULLY

8 PRESENT IN THE UNITED STATES.—An alien who is

9 unlawfully present in the United States at the time

10 of filing of an application, within 5 years prior to the

11 filing of such application, or at any time subsequent

12 to the filing of the application is ineligible for a visa

13 under this subsection.’’.

14 SEC. 515. AUTHORIZATION TO REQUIRE PERIODIC CON15 FIRMATION OF CLASSIFICATION PETITIONS.

16 (a) IN GENERAL.—Section 204(b) (8 U.S.C. 1154(b))

17 is amended by inserting ‘‘(1)’’ after ‘‘(b)’’ and by adding

18 at the end the following new paragraph:

19 ‘‘(2)(A) The Attorney General may provide that a peti20 tion approved with respect to an alien (and the priority

21 date established with respect to the petition) shall expire

22 after a period (specified by the Attorney General and of

23 not less than 2 years) following the date of approval of the

24 petition, unless the petitioner files with the Attorney Gen25 eral a form described in subparagraph (B).
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1 ‘‘(B) The Attorney General shall specify the form to

2 be used under this paragraph. Such form shall be de3 signed—

4 ‘‘(i) to reconfirm the continued intention of the

5 petitioner to seek admission of the alien based on the

6 classification involved, and

7 ‘‘(ii) as may be provided by the Attorney Gen8 eral, to update the contents of the original classifica9 tion petition.

10 ‘‘(C) The Attorney General may apply subparagraph

11 (A) to one or more classes of classification petitions and

12 for different periods of time for different classes of such peti13 tions, as specified by the Attorney General.’’.

14 (b) EFFECTIVE DATE.—(1) Except as provided in

15 paragraph (2), the amendments made by subsection (a)

16 shall not apply to classification petitions filed before Octo17 ber 1, 1996.

18 (2) The Attorney General may apply such amendments

19 to such classification petitions, but only in a manner so

20 that no such petition expires under such amendments before

21 October 1, 2000.

22 SEC. 516. CHANGES IN SPECIAL IMMIGRANT STATUS.

23 (a) REPEALING CERTAIN OBSOLETE PROVISIONS.—

24 Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is amended by

25 striking subparagraphs (B), (E), (F), (G), and (H).
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1 (b) SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO

2 CIVILIAN EMPLOYEES.—Section 101(a)(27) (8 U.S.C.

3 1101(a)(27)) is further amended—

4 (1) by striking ‘‘or’’ at the end of subparagraph

5 (J),

6 (2) by striking the period at the end of subpara7 graph (K) and inserting ‘‘; or’’, and

8 (3) by adding at the end the following new sub9 paragraph:

10 ‘‘(L) an immigrant who would be described in

11 clause (i), (ii), (iii), or (iv) of subparagraph (I) if

12 any reference in such a clause—

13 ‘‘(i) to an international organization de14 scribed in paragraph (15)(G)(i) were treated as

15 a reference to the North American Treaty Orga16 nization (NATO);

17 ‘‘(ii) to a nonimmigrant under paragraph

18 (15)(G)(iv) were treated as a reference to a non19 immigrant classifiable under NATO–6 (as a

20 member of a civilian component accompanying

21 a force entering in accordance with the provi22 sions of the NATO Status-of-Forces Agreement,

23 a member of a civilian component attached to

24 or employed by an Allied Headquarters under

25 the ‘Protocol on the Status of International Mili-
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1 tary Headquarters’ set up pursuant to the North

2 Atlantic Treaty, or as a dependent); and

3 ‘‘(iii) to the Immigration Technical Correc4 tions Act of 1988 or to the Immigration and Na5 tionality Technical Corrections Act of 1994 were

6 a reference to the Immigration in the National

7 Interest Act of 1995.’’.

8 (c) CONFORMING NONIMMIGRANT STATUS FOR CER9 TAIN PARENTS OF SPECIAL IMMIGRANT CHILDREN.—Sec10 tion 101(a)(15)(N) (8 U.S.C. 1101(a)(15)(N)) is amend11 ed—

12 (1) by inserting ‘‘(or under analogous authority

13 under paragraph (27)(L))’’ after ‘‘(27)(I)(i)’’, and

14 (2) by inserting ‘‘(or under analogous authority

15 under paragraph (27)(L))’’ after ‘‘(27)(I)’’.

16 (d) EXTENSION OF SUNSET FOR RELIGIOUS WORK17 ERS.—Section 101(a)(27)(C)(ii) (8 U.S.C.

18 1101(a)(27)(C)(ii)) is amended by striking ‘‘1997’’ and in19 serting ‘‘2005’’ each place it appears.

20 (e) ADDITIONAL CONFORMING AMENDMENTS.—

21 (1) Section 201(b)(1)(A) (8 U.S.C.

22 1151(b)(1)(A)) is amended by striking ‘‘or (B)’’.

23 (2) Section 203(b)(4) (8 U.S.C. 1153(b)(4)) is

24 amended by striking ‘‘or (B)’’.
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1 (3) Section 214(l)(3) (8 U.S.C. 1184(l)(3)), as

2 redesignated by section 851(a)(3)(A), is amended by

3 striking ‘‘, who has not otherwise been accorded status

4 under section 101(a)(27)(H),’’.

5 (4) Section 245(c)(2) (8 U.S.C. 1255(c)(2)) is

6 amended by striking ‘‘101(a)(27)(H), (I),’’ and in7 serting ‘‘101(a)(27)(I),’’.

8 (f) EFFECTIVE DATES.—(1) Except as provided in this

9 section, the amendments made by this section shall take ef10 fect on the date of the enactment of this Act.

11 (2) The amendments made by subsection (a) shall not

12 apply to any alien with respect to whom an application

13 for special immigrant status under a subparagraph re14 pealed by such amendments has been filed by not later than

15 September 30, 1996.

16 SEC. 517. REQUIREMENTS FOR REMOVAL OF CONDITIONAL

17 STATUS OF ENTREPRENEURS.

18 (a) IN GENERAL.—Section 216A(b) (8 U.S.C.

19 1186b(b)) is amended—

20 (1) by amending clause (ii) of paragraph (1)(B)

21 to read as follows:

22 ‘‘(ii) subject to paragraph (3), the alien did

23 not invest (and maintain investment of) the req24 uisite capital, or did not employ the requisite

25 number of employees, throughout substantially
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1 the entire period since the alien’s admission; or’’,

2 and

3 (2) by adding at the end the following new para4 graph:

5 ‘‘(3) EXCEPTIONS.—

6 ‘‘(A) GOOD FAITH EXCEPTION.—Paragraph

7 (1)(B)(ii) shall not apply to an alien to the ex8 tent that the alien continues to attempt in good

9 faith throughout the period since admission to

10 invest (and maintain investment of) the requisite

11 capital, and to employ the requisite number of

12 employees, but was unable to do so due to cir13 cumstances for which the alien should not justly

14 be held responsible.

15 ‘‘(B) EXTENSION.—In the case of an alien

16 to whom the exception under subparagraph (A)

17 applies, the application period under subsection

18 (d)(2) (and period for termination under para19 graph (1)) shall be extended (for up to 3 addi20 tional years) by such additional period as may

21 be necessary to enable the alien to have had the

22 requisite capital and number of employees

23 throughout a 2-year period. Such extension shall

24 terminate at any time at which the Attorney

25 General finds that the alien has not continued to
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1 attempt in good faith to invest such capital and

2 employ such employees.’’.

3 (b) EFFECTIVE DATE.—The amendments made by sub4 section (a) shall apply to aliens admitted on or after the

5 date of the enactment of this Act.

6 SEC. 518. ADULT DISABLED CHILDREN.

7 Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amended—

8 (1) in subparagraph (E) by striking ‘‘or’’ at the

9 end,

10 (2) in subparagraph (F) by striking the period

11 at the end and inserting ‘‘; or’’, and

12 (3) by adding at the end the following new sub13 paragraph:

14 ‘‘(G) a child of a citizen or national of the Unit15 ed States or lawful permanent resident alien, regard16 less of age, who has never been married, and who has

17 a severe mental or physical impairment, or combina18 tion of mental or physical impairments, which—

19 ‘‘(i) is likely to continue indefinitely; and

20 ‘‘(ii) causes substantially total inability to

21 perform functions necessary for independent liv22 ing, including but not necessarily limited to 3 or

23 more of the following areas of major life activ24 ity—

25 ‘‘(I) self-care,
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1 ‘‘(II) interpersonal communication,

2 ‘‘(III) learning,

3 ‘‘(IV) mobility, and

4 ‘‘(V) self-direction:

5 Provided, That no child may be considered to be a

6 child within the meaning of this subparagraph on the

7 basis, in whole or in part, of any physical or mental

8 impairment that is not being ameliorated through

9 medical treatment to the maximum extent reasonably

10 possible given the ability and resources of such child

11 and the citizen, national, or lawful permanent resi12 dent alien who is the child’s parent.’’.

13 SEC. 519. MISCELLANEOUS CONFORMING AMENDMENTS.

14 (a) CONFORMING AMENDMENTS RELATING TO IMME15 DIATE RELATIVES.—

16 (1) Section 101(b)(1)(F) (8 U.S.C.

17 1101(b)(1)(F)) is amended by striking ‘‘as an imme18 diate relative under section 201(b)’’ and inserting ‘‘as

19 a child of a citizen of the United States’’.

20 (2) Section 204 (8 U.S.C. 1154) is amended—

21 (A) in subsection (a)(1)(A)(i), by striking

22 ‘‘to an immediate relative status’’ and inserting

23 ‘‘to status as the spouse or child of a citizen of

24 the United States’’;
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1 (B) in subsection (a)(1)(A)(iii), by striking

2 ‘‘as an immediate relative’’ and inserting ‘‘as the

3 spouse of a citizen of the United States’’;

4 (C) in subsection (a)(1)(iv), by striking ‘‘as

5 an immediate relative’’ and inserting ‘‘as a child

6 of a citizen of the United States’’;

7 (D) in subsection (b), by striking ‘‘an im8 mediate relative specified in section 201(b)’’ and

9 inserting ‘‘a spouse or child of a citizen of the

10 United States under section 201(b)’’;

11 (E) in subsection (c), by striking ‘‘an im12 mediate relative or preference’’ and inserting ‘‘a

13 preferential’’;

14 (F) in subsection (e)—

15 (i) by striking ‘‘an immediate relative’’

16 and inserting ‘‘a spouse or child of a citizen

17 of the United States’’, and

18 (ii) by striking ‘‘his’’ and ‘‘he’’ and in19 serting ‘‘the alien’s’’ and ‘‘the alien’’, re20 spectively; and

21 (G) in subsection (g), by striking ‘‘imme22 diate relative status’’ and inserting ‘‘status as a

23 spouse or child of a citizen of the United States

24 or other’’.
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1 (3) Section 212(a)(6)(E)(ii) (8 U.S.C.

2 1182(a)(6)(E)(ii)) is amended by striking ‘‘an imme3 diate relative’’ and inserting ‘‘a spouse, child, or par4 ent of a citizen of the United States’’.

5 (4) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is

6 amended by striking ‘‘an immediate relative’’ and in7 serting ‘‘a spouse or child of a citizen of the United

8 States’’.

9 (5) Section 216(g)(1)(A) (8 U.S.C.

10 1186a(g)(1)(A)) is amended by striking ‘‘an imme11 diate relative (described in section 201(b)) as the

12 spouse of a citizen of the United States’’ and insert13 ing ‘‘the spouse of a citizen of the United States (de14 scribed in section 201(b))’’.

15 (6) Section 221(a) (8 U.S.C. 1201(a)) is amend16 ed by striking ‘‘, immediate relative,’’.

17 (7)(A) Section 224 (8 U.S.C. 1204) is amend18 ed—

19 (i) by amending the heading to read as fol20 lows:

21 ‘‘VISAS FOR SPOUSES AND CHILDREN OF CITIZENS AND

22 SPECIAL IMMIGRANTS’’,

23 (ii) by striking ‘‘immediate relative’’ the

24 first place it appears and inserting ‘‘a spouse or

25 child of a citizen of the United States’’, and
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1 (iii) by striking ‘‘immediate relative status’’

2 and inserting ‘‘status or status as a spouse or

3 child of a citizen of the United States’’.

4 (B) The item in the table of contents relating to

5 section 224 is amended to read as follows:

‘‘Sec. 224. Visas for spouses and children of citizens and special immigrants.’’.

6 (8) Subsection (a)(1)(E)(ii) of section 241 (8

7 U.S.C. 1251), before redesignation as section 237 by

8 section 305(a)(2), is amended by striking ‘‘an imme9 diate relative’’ and inserting ‘‘a spouse, child, or par10 ent of a citizen of the United States under section

11 201(b) or 203(a)(2)’’.

12 (9) Section 245(c) (8 U.S.C. 1255(c)) is amended

13 by striking ‘‘an immediate relative as defined in sec14 tion 201(b)’’ and inserting ‘‘a spouse or child of a cit15 izen of the United States under section 201(b) or a

16 parent of a citizen under section 203(a)(2)’’ each

17 place it appears.

18 (10) Section 291 (8 U.S.C. 1361) is amended by

19 striking ‘‘immigrant, special immigrant, immediate

20 relative’’ and inserting ‘‘immigrant status, special

21 immigrant status, status as a spouse or child of a cit22 izen of the United States’’.

23 (11) Section 401 of the Immigration Reform and

24 Control Act of 1986 is amended by striking ‘‘imme-
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1 diate relatives’’ and inserting ‘‘spouses and children

2 of citizens’’.

3 (b) CONFORMING AMENDMENTS FOR OTHER FAMILY4 SPONSORED IMMIGRANTS.—

5 (1) PETITIONING REQUIREMENTS.—Section 204

6 (8 U.S.C. 1154) is amended—

7 (A) in subsection (a)(1)(A)(i), by striking

8 ‘‘paragraph (1), (3), or (4)’’ and inserting

9 ‘‘paragraph (2) or (3)’’;

10 (B) in subsection (a)(1)(B)(i), by striking

11 ‘‘section 203(a)(2)’’ and inserting ‘‘paragraph

12 (1) or (3) of section 203(a)(1)’’;

13 (C) in clauses (ii) and (iii) of subsection

14 (a)(1)(B), by striking ‘‘203(a)(2)(A)’’ and insert15 ing ‘‘203(a)(1)’’; and

16 (D) in subsection (f)(1), by striking ‘‘,

17 203(a)(1), or 203(a)(3)’’ and inserting ‘‘or

18 203(a)(2)’’.

19 (2) APPLICATION OF PER COUNTRY LEVELS.—

20 Section 202 (8 U.S.C. 1152) is amended—

21 (A) by amending paragraph (4) of sub22 section (a) to read as follows:

23 ‘‘(4) SPECIAL RULES FOR SPOUSES AND CHIL24 DREN OF LAWFUL PERMANENT RESIDENT ALIENS.—
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1 ‘‘(A) 75 PERCENT OF 1ST PREFERENCE NOT

2 SUBJECT TO PER COUNTRY LIMITATION.—Of the

3 visa numbers made available under section

4 203(a) to immigrants described in paragraph (1)

5 of that section in any fiscal year, 63,750 shall be

6 issued without regard to the numerical limita7 tion under paragraph (2).

8 ‘‘(B) LIMITING PASS DOWN FOR CERTAIN

9 COUNTRIES SUBJECT TO SUBSECTION (e).—In the

10 case of a foreign state or dependent area to

11 which subsection (e) applies, if the total number

12 of visas issued under section 203(a)(1) exceeds

13 the maximum number of visas that may be made

14 available to immigrants of the state or area

15 under such section consistent with subsection (e)

16 (determined without regard to this paragraph),

17 in applying paragraph (2) of section 203(a)

18 under subsection (e)(2) all visas shall be deemed

19 to have been required for the classes specified in

20 paragraph (1) of such section.’’; and

21 (B) in subsection (e)—

22 (i) in paragraph (1), by inserting be23 fore the semicolon the following: ‘‘(deter24 mined without regard to subsections (c)(4)

25 and (d)(2) of section 201)’’,
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1 (ii) in paragraph (2), by striking

2 ‘‘paragraphs (1) through (4)’’ and inserting

3 ‘‘paragraphs (1) and (2)’’, and

4 (iii) in the last sentence, by striking

5 ‘‘203(a)(2)(A)’’ and inserting ‘‘203(a)(1)’’.

6 (3) ADDITIONAL CONFORMING AMENDMENTS.—

7 (A) Subsection (d) of section 203 (8 U.S.C.

8 1153), before redesignation by section 524(a)(1),

9 is amended by striking ‘‘(a)’’ and inserting

10 ‘‘(a)(2)’’.

11 (B) Section 212(a)(6)(E)(ii) (8 U.S.C.

12 1182(a)(6)(E)(ii)) and subsection (a)(1)(E)(ii) of

13 section 241 (8 U.S.C. 1251)), before redesigna14 tion as section 237 under section 305(a)(2), are

15 each amended by striking ‘‘203(a)(2)’’ and in16 serting ‘‘203(a)(1)’’.

17 (C) Section 212(d)(11) (8 U.S.C.

18 1182(d)(11)) is amended by striking ‘‘immigrant

19 under section 203(a) (other than paragraph (4)

20 thereof)’’ and inserting ‘‘an immigrant under

21 section 203(a)’’.

22 (D) Section 216(g)(1)(C) (8 U.S.C.

23 1186a(g)(1)(C)) is amended by striking

24 ‘‘203(a)(2)’’ and inserting ‘‘203(a)(1)’’.
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1 (E) Section 2(c) of the Virgin Islands Non2 immigrant Alien Adjustment Act of 1982 (Public

3 Law 97–271) is amended—

4 (i) in paragraph (2), by inserting ‘‘or

5 first or third family preference petitions’’

6 after ‘‘second preference petitions’’;

7 (ii) in paragraph (3)(A), by striking

8 ‘‘or’’ at the end;

9 (iii) in paragraph (3)(B), by striking

10 the period at the end and inserting ‘‘; or’’;

11 (iv) by adding at the end of paragraph

12 (3) the following new subparagraph:

13 ‘‘(C) by virtue of a first or third family pref14 erence petition filed by an individual who was admit15 ted to the United States as an immigrant by virtue

16 of a second family preference petition filed by the son

17 or daughter of the individual, if that son or daughter

18 had his or her status adjusted under this section.’’;

19 and

20 (v) in paragraph (4), by striking ‘‘on

21 or after such date).’’ and inserting the fol22 lowing: ‘‘on or after such date and before

23 October 1, 1996). For purposes of this sub24 section, the terms ‘first family preference

25 petition’, ‘second family preference petition’,
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1 and ‘third family preference petition’ mean,

2 in the case of an alien, a petition filed

3 under section 204(a) of the Act to grant

4 preference status to the alien by reason of

5 the relationship described in section

6 203(a)(1), 203(a)(2), or 203(a)(3), respec7 tively (as in effect on and after October 1,

8 1996).’’.

9 (c) CONFORMING AMENDMENTS RELATING TO EM10 PLOYMENT-BASED IMMIGRANTS.—

11 (1) TREATMENT OF SPECIAL K IMMIGRANTS.—

12 Subparagraph (B) of section 203(b)(7) (8 U.S.C.

13 1153(b)(7)), as redesignated by section 513(a)(1), is

14 amended—

15 (A) in clause (i), by striking ‘‘and (3) shall

each be reduced by 1 16 ⁄3’’ and inserting ‘‘(3), and

17 (4) shall each be reduced by the same proportion,

18 as the proportion (of the visa numbers made

19 available under all such paragraphs) that were

20 made available under each respective para21 graph,’’, and

22 (B) in clause (iii), by striking ‘‘(3) of this

23 subsection in the fiscal year shall be reduced by

1 24 ⁄3’’ and inserting ‘‘(4) in the fiscal year reduced

25 by the same proportion, as the proportion (of the
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1 visa numbers made available under all such

2 paragraphs to natives of the foreign state) that

3 were made available under each respective para4 graph to such natives,’’.

5 (2) CONFORMING AMENDMENTS RELATING TO PE6 TITIONING RIGHTS.—Section 204(a)(1) (8 U.S.C.

7 1154(a)(1)) is amended—

8 (A) in subparagraph (C), by striking

9 ‘‘203(b)(1)(A)’’ and inserting ‘‘203(b)(1)’’;

10 (B) in subparagraph (D), by striking ‘‘sec11 tion 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or

12 203(b)(3)’’ and inserting ‘‘section 203(b)(2),

13 203(b)(3), or 203(b)(4)’’;

14 (C) in subparagraph (E)(i), by striking

15 ‘‘203(b)(4)’’ and inserting ‘‘203(b)(6)’’; and

16 (D) by redesignating subparagraphs (E)

17 and (F) as subparagraphs (F) and (E), respec18 tively, and by moving subparagraph (E) (as so

19 redesignated) to precede subparagraph (F) (as so

20 redesignated).

21 (3) GROUND FOR INADMISSIBILITY.—Section

22 212(a)(5)(C) (8 U.S.C. 1182(a)(5)(C)) is amended by

23 striking ‘‘(2) or (3)’’ and inserting ‘‘(3) or (4)’’.

24 (4) OTHER CONFORMING AMENDMENTS.—
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1 (A) Section 202(e)(3) (8 U.S.C. 1152(e)(3))

2 is amended by striking ‘‘through (5)’’ and insert3 ing ‘‘through (6)’’.

4 (B) Section 245(j)(3) (8 U.S.C. 1255(j)(3)),

5 as added by section 130003(c)(1) Violent Crime

6 Control and Law Enforcement Act of 1994 (Pub7 lic Law 103–322) and as redesignated by section

8 851(a)(3)(A) of this Act, is amended by striking

9 ‘‘203(b)(4)’’ and inserting ‘‘203(b)(6)’’.

10 (C) Section 154(b)(1)(B)(i) of the Immigra11 tion Act of 1990 is amended by striking ‘‘1991)’’

12 and inserting ‘‘1991, and before October 1, 1996)

13 or under section 203(a), 203(b)(1), or 203(b)(2)

14 (as in effect on and after October 1, 1996)’’.

15 (D) Section 206(a) of the Immigration Act

16 of 1990 is amended by striking ‘‘203(b)(1)(C)’’

17 and inserting ‘‘203(b)(2)(C)’’.

18 (E) Section 2(d)(2)(A) of the Chinese Stu19 dent Protection Act of 1992 (Public Law 102–

20 404) is amended by striking ‘‘203(b)(3)(A)(i)’’

21 and inserting ‘‘203(b)(4)(B)’’.

22 (F) The Soviet Scientists Immigration Act

23 of 1992 (Public Law 102–509) is amended—

24 (i) in sections 3 and 4(a), by striking

25 ‘‘203(b)(2)(A) of the Immigration and Na-
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1 tionality Act (8 U.S.C. 1153(b)(2)(A))’’ and

2 inserting ‘‘203(b)(3)(B)(i) of the Immigra3 tion and Nationality Act (8 U.S.C.

4 1153(b)(3)(B)(i))’’, and

5 (ii) in section 4(c), by striking

6 ‘‘203(b)(2)(A) of the Immigration and Na7 tionality Act (8 U.S.C. 1153(b)(2)(A))’’ and

8 inserting ‘‘203(b)(3) of the Immigration

9 and Nationality Act (8 U.S.C. 1153(b)(2))’’.

10 (d) REPEAL OF CERTAIN OUTDATED PROVISIONS.—

11 The following provisions of law are repealed:

12 (1) Section 9 of Public Law 94–571 (90 Stat.

13 2707).

14 (2) Section 19 of Public Law 97–116 (95 Stat.

15 1621).

16 Subtitle C—Refugees, Parole, and

17 Humanitarian Admissions

18 SEC. 521. CHANGES IN REFUGEE ANNUAL ADMISSIONS.

19 (a) IN GENERAL.—Paragraphs (1) and (2) of section

20 207(a) (8 U.S.C. 1157(a)) are amended to read as follows:

21 ‘‘(1) Except as provided in paragraph (2) and sub22 section (b), the number of refugees who may be admitted

23 under this section in any fiscal year shall be such number

24 as the President determines, before the beginning of the fis25 cal year and after appropriate consultation, is justified by
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1 humanitarian concerns or is otherwise in the national in2 terest.

3 ‘‘(2)(A) Except as provided in subparagraph (B), the

4 number determined under paragraph (1) for a fiscal year

5 may not exceed—

6 ‘‘(i) 75,000 in the case of fiscal year 1997, or

7 ‘‘(ii) 50,000 in the case of any succeeding fiscal

8 year.

9 ‘‘(B) The number determined under paragraph (1) for

10 a fiscal year may exceed the limit specified under subpara11 graph (A) if Congress enacts a law providing for a higher

12 number.’’.

13 (b) ADMISSIONS IN EMERGENCY REFUGEE SITUA14 TIONS AND TIMING OF THE REFUGEE CONSULTATION

15 PROCESS.—

16 (1) Section 207(b) (8 U.S.C. 1157(b)) and sec17 tion 207(d)(3)(B) (8 U.S.C. 1157(d)(3)(B)) are

18 amended by striking ‘‘unforeseen’’.

19 (2) Section 207(d)(1) (8 U.S.C. 1157(d)(1)) is

20 amended by striking ‘‘Before the start of each fiscal

21 year’’ and inserting ‘‘Before June 1 of the preceding

22 fiscal year’’.

23 (3) Section 207(e) (8 U.S.C. 1157(e)) is amended

24 by adding at the end the following:
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1 ‘‘Such discussions shall occur before July 1 of the fiscal year

2 preceding the fiscal year of admissions, except that discus3 sions relating to an emergency refugee situation shall occur

4 not more than 30 days after the President proposes admis5 sions in response to the emergency.’’.

6 (c) EFFECTIVE DATE.—The amendments made by sub7 sections (a) and (b) shall apply beginning with fiscal year

8 1997.

9 SEC. 522. PERSECUTION FOR RESISTANCE TO COERCIVE

10 POPULATION CONTROL METHODS.

11 (a) DEFINITION OF REFUGEE.—Section 101(a)(42) (8

12 U.S.C. 1101(a)(42)) is amended by adding at the end the

13 following: ‘‘For purposes of determinations under this Act,

14 a person who has been forced to abort a pregnancy or to

15 undergo involuntary sterilization, or who has been per16 secuted for failure or refusal to undergo such a procedure

17 or for other resistance to a coercive population control pro18 gram, shall be deemed to have been persecuted on account

19 of political opinion, and a person who has a well founded

20 fear that he or she will be forced to undergo such a proce21 dure or subject to persecution for such failure, refusal, or

22 resistance shall be deemed to have a well founded fear of

23 persecution on account of political opinion.’’.
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1 (b) NUMERICAL LIMITATION.—Section 207(a) (8

2 U.S.C. 1157(a)), as amended by section 532(b), is amended

3 by adding at the end the following new paragraph:

4 ‘‘(4) For any fiscal year, not more than a total of 1,000

5 refugees may be admitted under this subsection or granted

6 asylum under section 208 pursuant to a determination

7 under the last sentence of section 101(a)(42) (relating to

8 persecution for resistance to coercive population control

9 methods).’’.

10 SEC. 523. PAROLE AVAILABLE ONLY ON A CASE-BY-CASE

11 BASIS FOR HUMANITARIAN REASONS OR SIG12 NIFICANT PUBLIC BENEFIT.

13 (a) IN GENERAL.—Paragraph (5) of section 212(d) (8

14 U.S.C. 1182(d)) is amended to read as follows:

15 ‘‘(5)(A) Subject to the provisions of this paragraph

16 and section 214(f)(2), the Attorney General, in the sole dis17 cretion of the Attorney General, may on a case-by-case basis

18 parole an alien into the United States temporarily, under

19 such conditions as the Attorney General may prescribe,

20 only—

21 ‘‘(i) for an urgent humanitarian reason (as de22 scribed under subparagraph (B)); or

23 ‘‘(ii) for a reason deemed strictly in the public

24 interest (as described under subparagraph (C)).
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1 ‘‘(B) The Attorney General may parole an alien based

2 on an urgent humanitarian reason described in this sub3 paragraph only if—

4 ‘‘(i) the alien has a medical emergency and the

5 alien cannot obtain necessary treatment in the foreign

6 state in which the alien is residing or the medical

7 emergency is life-threatening and there is insufficient

8 time for the alien to be admitted through the normal

9 visa process;

10 ‘‘(ii) the alien is needed in the United States in

11 order to donate an organ or other tissue for trans12 plant into a close family member; or

13 ‘‘(iii) the alien has a close family member in the

14 United States whose death is imminent and the alien

15 could not arrive in the United States in time to see

16 such family member alive if the alien were to be ad17 mitted through the normal visa process.

18 ‘‘(C) The Attorney General may parole an alien based

19 on a reason deemed strictly in the public interest described

20 in this subparagraph only if—

21 ‘‘(i) the alien has assisted the United States Gov22 ernment in a matter, such as a criminal investiga23 tion, espionage, or other similar law enforcement ac24 tivity, and either the alien’s presence in the United

25 States is required by the Government or the alien’s
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1 life would be threatened if the alien were not per2 mitted to come to the United States; or

3 ‘‘(ii) the alien is to be prosecuted in the United

4 States for a crime.

5 ‘‘(D) The Attorney General may not use the parole au6 thority under this paragraph to permit to come to the Unit7 ed States aliens who have applied for and have been found

8 to be ineligible for refugee status or any alien to whom the

9 provisions of this paragraph do not apply.

10 ‘‘(E) Parole of an alien under this paragraph shall

11 not be considered an admission of the alien into the United

12 states. When the purposes of the parole of an alien have

13 been served, as determined by the Attorney General, the

14 alien shall immediately return or be returned to the custody

15 from which the alien was paroled and the alien shall be

16 considered for admission to the United States on the same

17 basis as other similarly situated applicants for admission.

18 ‘‘(F) Not later than 90 days after the end of each fiscal

19 year, the Attorney General shall submit a report to the

20 Committees on the Judiciary of the House of Representa21 tives and the Senate describing the number and categories

22 of aliens paroled into the United States under this para23 graph. Each such report shall contain information and

24 data concerning the number and categories of aliens pa-
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1 roled, the duration of parole, and the current status of

2 aliens paroled during the preceding fiscal year.’’.

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall apply to individuals paroled into the Unit5 ed States on or after the first day of the first month begin6 ning more than 60 days after the date of the enactment

7 of this Act.

8 SEC. 524. ADMISSION OF HUMANITARIAN IMMIGRANTS.

9 (a) IN GENERAL.—Section 203 (8 U.S.C. 1153) is

10 amended—

11 (1) by redesignating subsections (d) through (g)

12 as subsections (e) through (h), respectively, and

13 (2) by inserting after subsection (c) the following

14 new subsection:

15 ‘‘(d) HUMANITARIAN IMMIGRANTS.—

16 ‘‘(1) IN GENERAL.—Aliens subject to the world17 wide humanitarian level specified in section 201(e)

18 shall be allotted visas only if the aliens have been se19 lected by the Attorney General under paragraph (2)

20 as of special humanitarian concern to the United

21 States.

22 ‘‘(2) SELECTION OF IMMIGRANTS.—

23 ‘‘(A) IN GENERAL.—The Attorney General

24 shall, on a case-by-case basis and based on hu-
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1 manitarian concerns and the public interest, se2 lect aliens for purposes of this subsection.

3 ‘‘(B) RESTRICTION.—The Attorney General

4 may not select an alien under this paragraph if

5 the alien is a refugee (within the meaning of sec6 tion 101(a)(42)) unless the Attorney General de7 termines that compelling reasons in the public

8 interest with respect to that particular alien re9 quire that the alien be admitted into the United

10 States as a humanitarian immigrant under this

11 subsection rather than as a refugee under section

12 207.

13 ‘‘(3) ANNUAL REPORT.—Not later than 90 days

14 after the end of each fiscal year, the Attorney General

15 shall submit to the Committees on the Judiciary of

16 the House of Representatives and of the Senate a re17 port describing the number of immigrant visas issued

18 under this subsection and the individuals to whom the

19 visas were issued.’’.

20 (b) PETITIONING.—Section 204(a)(1) (8 U.S.C.

21 1154(a)(1)) is amended by adding at the end the following

22 new subparagraph:

23 ‘‘(I) Any alien desiring to be provided an immigrant

24 visa under section 203(d) may file a petition with the At25 torney General for such classification, but only if the Attor-
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1 ney General has identified the alien as possibly qualifying

2 for such a visa.’’.

3 (c) ORDER OF CONSIDERATION.—Subsection (f) of sec4 tion 203 (8 U.S.C. 1153), as redesignated by subsection

5 (a)(1), is amended by redesignating paragraph (3) as para6 graph (4) and by inserting after paragraph (2) the follow7 ing new paragraph:

8 ‘‘(3) Immigrant visa numbers made available under

9 subsection (d) (relating to humanitarian immigrants) shall

10 be issued to eligible immigrants in an order specified by

11 the Attorney General.’’.

12 (d) APPLICATION OF PER COUNTRY NUMERICAL LIMI13 TATIONS.—Section 202(a) (8 U.S.C. 1152(a)) is amended

14 by adding at the end the following new paragraph:

15 ‘‘(5) PER COUNTRY LEVELS FOR HUMANITARIAN

16 IMMIGRANTS.—The total number of immigrant visas

17 made available to natives of any single foreign state

18 or dependent area under section 203(d) in any fiscal

19 year may not exceed 50 percent (in the case of a sin20 gle foreign state) or 15 percent (in the case of a de21 pendent area) of the total number of such visas made

22 available under such subsection in that fiscal year.’’.

23 (e) WAIVER OF CERTAIN GROUNDS OF INADMISSIBIL24 ITY.—Section 212(a) (8 U.S.C. 1182(a)) is amended—
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1 (1) in paragraph (4), as amended by sections

2 621(a) and 512(b), by adding at the end the following

3 new subparagraph:

4 ‘‘(E) WAIVER AUTHORIZED FOR HUMANI5 TARIAN IMMIGRANTS.—The Attorney General, in

6 the discretion of the Attorney General, may

7 waive the ground of inadmissibility under sub8 paragraph (A) in the case of an alien seeking

9 admission as a humanitarian immigrant under

10 section 203(d).’’;

11 (2) in paragraph (5)(C), by inserting before the

12 period at the end the following: ‘‘, and shall not apply

13 to immigrants seeking admissions as humanitarian

14 immigrants under section 203(d)’’; and

15 (3) in paragraph (7)(A), by redesignating clause

16 (ii) as clause (iii) and by inserting after clause (i)

17 the following new clause:

18 ‘‘(ii) WAIVER AUTHORIZED FOR HU19 MANITARIAN IMMIGRANTS.—The Attorney

20 General, in the discretion of the Attorney

21 General, may waive the ground of inadmis22 sibility under clause (i) in the case of an

23 alien seeking admission as a humanitarian

24 immigrant under section 203(d).’’.
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1 (f) CONFORMING AMENDMENT.—Section 216(g)(1) (8

2 U.S.C. 1186a(g)(1)) is amended by striking ‘‘203(d)’’ and

3 inserting ‘‘203(e)’’.

4 Subtitle D—Asylum Reform

5 SEC. 531. ASYLUM REFORM.

6 (a) ASYLUM REFORM.—Section 208 (8 U.S.C. 1158)

7 is amended to read as follows:

8 ‘‘ASYLUM

9 ‘‘SEC. 208. (a) AUTHORITY TO APPLY FOR ASYLUM.—

10 ‘‘(1) IN GENERAL.—Any alien who is physically

11 present in the United States or who arrives in the

12 United States (whether or not at a designated port of

13 arrival), irrespective of such alien’s status, may apply

14 for asylum in accordance with this section.

15 ‘‘(2) EXCEPTIONS.—

16 ‘‘(A) SAFE THIRD COUNTRY.—Paragraph

17 (1) shall not apply to an alien if the Attorney

18 General determines that the alien may be re19 moved, including pursuant to a bilateral or mul20 tilateral agreement, to a country (other than the

21 country of the alien’s nationality or, in the case

22 of an alien having no nationality, the country of

23 the alien’s last habitual residence) in which the

24 alien’s life or freedom would not be threatened on

25 account of race, religion, nationality, member26 ship in a particular social group, or political
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1 opinion, and where the alien would have access

2 to a full and fair procedure for determining a

3 claim to asylum or equivalent temporary protec4 tion, unless the Attorney General finds that it is

5 in the public interest for the alien to receive asy6 lum in the United States.

7 ‘‘(B) TIME LIMIT.—Paragraph (1) shall not

8 apply to an alien unless the alien demonstrates

9 by clear and convincing evidence that the appli10 cation has been filed within 30 days after the

11 alien’s arrival in the United States.

12 ‘‘(C) PREVIOUS ASYLUM APPLICATIONS.—

13 Paragraph (1) shall not apply to an alien if the

14 alien has previously applied for asylum and had

15 such application denied.

16 ‘‘(D) CHANGED CONDITIONS.—An applica17 tion for asylum of an alien may be considered,

18 notwithstanding subparagraphs (B) and (C), if

19 the alien demonstrates to the satisfaction of the

20 Attorney General the existence of fundamentally

21 changed circumstances which affect the appli22 cant’s eligibility for asylum.

23 ‘‘(3) LIMITATION ON JUDICIAL REVIEW.—No

24 court shall have jurisdiction to review a determina25 tion of the Attorney General under paragraph (2).
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1 ‘‘(b) CONDITIONS FOR GRANTING ASYLUM.—

2 ‘‘(1) IN GENERAL.—The Attorney General may

3 grant asylum to an alien who has applied for asylum

4 in accordance with the requirements and procedures

5 established by the Attorney General under this section

6 if the Attorney General determines that such alien is

7 a refugee within the meaning of section

8 101(a)(42)(A).

9 ‘‘(2) EXCEPTIONS.—

10 ‘‘(A) IN GENERAL.—Paragraph (1) shall

11 not apply to an alien if the Attorney General de12 termines that—

13 ‘‘(i) the alien ordered, incited, assisted,

14 or otherwise participated in the persecution

15 of any person on account of race, religion,

16 nationality, membership in a particular so17 cial group, or political opinion;

18 ‘‘(ii) the alien, having been convicted

19 by a final judgment of a particularly seri20 ous crime, constitutes a danger to the com21 munity of the United States;

22 ‘‘(iii) there are serious reasons for be23 lieving that the alien has committed a seri24 ous nonpolitical crime outside the United
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1 States prior to the arrival of the alien in

2 the United States;

3 ‘‘(iv) there are reasonable grounds for

4 regarding the alien as a danger to the secu5 rity of the United States;

6 ‘‘(v) the alien is inadmissible under

7 subclause (I), (II), (III), or (IV) of section

8 212(a)(3)(B)(i) or removable under section

9 237(a)(4)(B) (relating to terrorist activity),

10 unless, in the case only of an alien inadmis11 sible under subclause (IV) of section

12 212(a)(3)(B)(i), the Attorney General deter13 mines, in the Attorney General’s discretion,

14 that there are not reasonable grounds for re15 garding the alien as a danger to the secu16 rity of the United States; or

17 ‘‘(vi) the alien was firmly resettled in

18 another country prior to arriving in the

19 United States.

20 ‘‘(B) SPECIAL RULES.—

21 ‘‘(i) CONVICTION OF AGGRAVATED FEL22 ONY.—For purposes of clause (ii) of sub23 paragraph (A), an alien who has been con24 victed of an aggravated felony shall be con-
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1 sidered to have been convicted of a particu2 larly serious crime.

3 ‘‘(ii) OFFENSES.—The Attorney Gen4 eral may designate by regulation offenses

5 that will be considered to be a crime de6 scribed in clause (ii) or (iii) of subpara7 graph (A).

8 ‘‘(C) ADDITIONAL LIMITATIONS.—The Attor9 ney General may by regulation establish addi10 tional limitations and conditions under which

11 an alien shall be ineligible for asylum under

12 paragraph (1).

13 ‘‘(D) NO JUDICIAL REVIEW.—There shall be

14 no judicial review of a determination of the At15 torney General under subparagraph (A)(v).

16 ‘‘(3) TREATMENT OF SPOUSE AND CHILDREN.—

17 A spouse or child (as defined in section 101(b)(1)(A),

18 (B), (C), (D), or (E)) of an alien who is granted asy19 lum under this subsection may, if not otherwise eligi20 ble for asylum under this section, be granted the same

21 status as the alien if accompanying, or following to

22 join, such alien.

23 ‘‘(c) ASYLUM STATUS.—
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1 ‘‘(1) IN GENERAL.—In the case of an alien

2 granted asylum under subsection (b), the Attorney

3 General—

4 ‘‘(A) shall not remove or return the alien to

5 the alien’s country of nationality or, in the case

6 of a person having no nationality, the country of

7 the alien’s last habitual residence;

8 ‘‘(B) shall authorize the alien to engage in

9 employment in the United States and provide

10 the alien with appropriate endorsement of that

11 authorization; and

12 ‘‘(C) may allow the alien to travel abroad

13 with the prior consent of the Attorney General.

14 ‘‘(2) TERMINATION OF ASYLUM.—Asylum grant15 ed under subsection (b) does not convey a right to re16 main permanently in the United States, and may be

17 terminated if the Attorney General determines that—

18 ‘‘(A) the alien no longer meets the condi19 tions described in subsection (b)(1) owing to a

20 fundamental change in circumstances;

21 ‘‘(B) the alien meets a condition described

22 in subsection (b)(2);

23 ‘‘(C) the alien may be removed, including

24 pursuant to a bilateral or multilateral agree25 ment, to a country (other than the country of the
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1 alien’s nationality or, in the case of an alien

2 having no nationality, the country of the alien’s

3 last habitual residence) in which the alien can4 not establish that it is more likely than not that

5 the alien’s life or freedom would be threatened on

6 account of race, religion, nationality, member7 ship in a particular social group, or political

8 opinion, and where the alien is eligible to receive

9 asylum or equivalent temporary protection;

10 ‘‘(D) the alien has voluntarily availed him11 self or herself of the protection of the alien’s

12 country of nationality or, in the case of an alien

13 having no nationality, the alien’s country of last

14 habitual residence, by returning to such country

15 with permanent resident status or the reasonable

16 possibility of obtaining such status with the

17 same rights and obligations pertaining to other

18 permanent residents of that country; or

19 ‘‘(E) the alien has acquired a new national20 ity and enjoys the protection of the country of

21 his new nationality.

22 ‘‘(3) REMOVAL WHEN ASYLUM IS TERMINATED.—

23 An alien described in paragraph (2) is subject to any

24 applicable grounds of inadmissibility or deportability

25 under section 212(a) and 237(a), and the alien’s re-
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1 moval or return shall be directed by the Attorney

2 General in accordance with sections 240 and 241.

3 ‘‘(4) LIMITATION ON JUDICIAL REVIEW.—No

4 court shall have jurisdiction to review a determina5 tion of the Attorney General under paragraph (2).

6 ‘‘(d) ASYLUM PROCEDURE.—

7 ‘‘(1) APPLICATIONS.—The Attorney General shall

8 establish a procedure for the consideration of asylum

9 applications filed under subsection (a). An applica10 tion for asylum shall not be considered unless the

11 alien submits fingerprints and a photograph in a

12 manner to be determined by regulation by the Attor13 ney General.

14 ‘‘(2) EMPLOYMENT.—An applicant for asylum is

15 not entitled to employment authorization, but such

16 authorization may be provided under regulation by

17 the Attorney General. An applicant who is not other18 wise eligible for employment authorization shall not

19 be granted such authorization prior to 180 days after

20 the date of filing of the application for asylum.

21 ‘‘(3) FEES.—The Attorney General may impose

22 fees for the consideration of an application for asy23 lum, for employment authorization under this section,

24 and for adjustment of status under section 209(b).

25 The Attorney General may provide for the assessment
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1 and payment of such fees over a period of time or by

2 installments. Nothing in this paragraph shall be con3 strued to require the Attorney General to charge fees

4 for adjudication services provided to asylum appli5 cants, or to limit the authority of the Attorney Gen6 eral to set adjudication and naturalization fees in ac7 cordance with section 286(m).

8 ‘‘(4) NOTICE OF PRIVILEGE OF COUNSEL AND

9 CONSEQUENCES OF FRIVOLOUS APPLICATION.—At the

10 time of filing an application for asylum, the Attorney

11 General shall—

12 ‘‘(A) advise the alien of the privilege of

13 being represented by counsel and of the con14 sequences, under paragraph (6), of knowingly fil15 ing a frivolous application for asylum; and

16 ‘‘(B) provide the alien a list of persons (up17 dated not less often than quarterly) who have in18 dicated their availability to represent aliens in

19 asylum proceedings on a pro bono basis.

20 ‘‘(5) CONSIDERATION OF ASYLUM APPLICA21 TIONS.—

22 ‘‘(A) PROCEDURES.—The procedure estab23 lished under paragraph (1) shall provide that—

24 ‘‘(i) asylum cannot be granted until

25 the identity of the applicant has been
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1 checked against all appropriate records or

2 databases maintained by the Attorney Gen3 eral and by the Secretary of State, includ4 ing the Automated Visa Lookout System, to

5 determine any grounds on which the alien

6 may be inadmissible to or deportable from

7 the United States, or ineligible to apply for

8 or be granted asylum;

9 ‘‘(ii) in the absence of exceptional cir10 cumstances, the initial interview or hearing

11 on the asylum application shall commence

12 not later than 45 days after the date an ap13 plication is filed;

14 ‘‘(iii) in the absence of exceptional cir15 cumstances, final administrative adjudica16 tion of the asylum application, not includ17 ing administrative appeal, shall be com18 pleted within 180 days after the date an ap19 plication is filed;

20 ‘‘(iv) any administrative appeal shall

21 be filed within 30 days of a decision grant22 ing or denying asylum, or within 30 days

23 of the completion of removal proceedings be24 fore an immigration judge under section

25 240, whichever is later; and
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1 ‘‘(v) in the case of an applicant for

2 asylum who fails without prior authoriza3 tion or in the absence of exceptional cir4 cumstances to appear for an interview or

5 hearing, including a hearing under section

6 240, the application may be dismissed or

7 the applicant may be otherwise sanctioned

8 for such failure.

9 ‘‘(B) ADDITIONAL REGULATORY CONDI10 TIONS.—The Attorney General may provide by

11 regulation for any other conditions or limita12 tions on the consideration of an application for

13 asylum not inconsistent with this Act.

14 ‘‘(6) FRIVOLOUS APPLICATIONS.—

15 ‘‘(A) IN GENERAL.—If the Attorney General

16 determines that an alien has knowingly made a

17 frivolous application for asylum and the alien

18 has received the notice under paragraph (4)(A),

19 the alien shall be permanently ineligible for any

20 benefits under this Act, effective as of the date of

21 a final determination on such application.

22 ‘‘(B) MATERIAL MISREPRESENTATIONS.—

23 An application shall be considered to be frivolous

24 if the Attorney General determines that the ap-
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1 plication contains a willful misrepresentation or

2 concealment of a material fact.

3 ‘‘(7) NO PRIVATE RIGHT OF ACTION.—Nothing in

4 this subsection shall be construed to create any sub5 stantive or procedural right or benefit that is legally

6 enforceable by any party against the United States or

7 its agencies or officers or any other person.’’.

8 (b) CONFORMING AND CLERICAL AMENDMENTS.—

9 (1) The item in the table of contents relating to

10 section 208 is amended to read as follows:

‘‘Sec. 208. Asylum.’’.

11 (2) Section 104(d)(1)(A) of the Immigration Act

12 of 1990 (Public Law 101–649) is amended by striking

13 ‘‘208(b)’’ and inserting ‘‘208’’.

14 (c) EFFECTIVE DATE.—The amendment made by sub15 section (a) shall apply to applications for asylum filed on

16 or after the first day of the first month beginning more than

17 180 days after the date of the enactment of this Act.

18 SEC. 532. FIXING NUMERICAL ADJUSTMENTS FOR ASYLEES

19 AT 10,000 EACH YEAR.

20 (a) IN GENERAL.—Section 209(b) (8 U.S.C. 1159(b))

21 is amended by striking ‘‘Not more than’’ and all that fol22 lows through ‘‘adjust’’ and inserting the following: ‘‘The At23 torney General, in the Attorney General’s discretion and

24 under such regulations as the Attorney General may pre-
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1 scribe, and in a number not to exceed 10,000 aliens in any

2 fiscal year, may adjust’’.

3 (b) CONFORMING AMENDMENT.—Section 207(a) (8

4 U.S.C. 1157(a)) is amended by striking paragraph (4).

5 (c) EFFECTIVE DATE.—The amendment made by sub6 section (a) shall take effect on October 1, 1996.

7 SEC. 533. INCREASED RESOURCES FOR REDUCING ASYLUM

8 APPLICATION BACKLOGS.

9 (a) AUTHORIZATION OF TEMPORARY EMPLOYMENT OF

10 CERTAIN ANNUITANTS AND RETIREES.—

11 (1) IN GENERAL.—For the purpose of performing

12 duties in connection with adjudicating applications

13 for asylum pending as of the date of the enactment

14 of this Act, the Attorney General may employ for a

15 period not to exceed 24 months (beginning 3 months

16 after the date of the enactment of this Act) not more

17 than 300 individuals (at any one time) who, by rea18 son of separation from service on or before January

19 1, 1995, are receiving—

20 (A) annuities under the provisions of sub21 chapter III of chapter 83 of title 5, United States

22 Code, or chapter 84 of such title;

23 (B) annuities under any other retirement

24 system for employees of the Federal Government;

25 or
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1 (C) retired or retainer pay as retired offi2 cers of regular components of the uniformed serv3 ices.

4 (2) NO REDUCTION IN ANNUITY OR RETIREMENT

5 PAY OR REDETERMINATION OF PAY DURING TEM6 PORARY EMPLOYMENT.—

7 (A) RETIREES UNDER CIVIL SERVICE RE8 TIREMENT SYSTEM AND FEDERAL EMPLOYEES’

9 RETIREMENT SYSTEM.—In the case of an indi10 vidual employed under paragraph (1) who is re11 ceiving an annuity described in paragraph

12 (1)(A)—

13 (i) such individual’s annuity shall con14 tinue during the employment under para15 graph (1) and shall not be increased as a

16 result of service performed during that em17 ployment;

18 (ii) retirement deductions shall not be

19 withheld from such individual’s pay; and

20 (iii) such individual’s pay shall not be

21 subject to any deduction based on the por22 tion of such individual’s annuity which is

23 allocable to the period of employment.

24 (B) OTHER FEDERAL RETIREES.—The

25 President shall apply the provisions of subpara-
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1 graph (A) to individuals who are receiving an

2 annuity described in paragraph (1)(B) and who

3 are employed under paragraph (1) in the same

4 manner and to the same extent as such provi5 sions apply to individuals who are receiving an

6 annuity described in paragraph (1)(A) and who

7 are employed under paragraph (1).

8 (C) RETIRED OFFICERS OF THE UNIFORM

9 SERVICES.—The retired or retainer pay of a re10 tired officer of a regular component of a uni11 formed service shall not be reduced under section

12 5532 of title 5, United States Code, by reason of

13 temporary employment authorized under para14 graph (1).

15 (b) PROCEDURES FOR PROPERTY ACQUISITION ON

16 LEASING.—Notwithstanding the Federal Property and Ad17 ministrative Services Act of 1949 (40 U.S.C. 471 et seq.),

18 the Attorney General is authorized to expend out of funds

19 made available to the Department of Justice for the admin20 istration of the Immigration and Nationality Act such

21 amounts as may be necessary for the leasing or acquisition

22 of property to carry out the purpose described in subsection

23 (a)(1).

24 (c) INCREASE IN ASYLUM OFFICERS.—Subject to the

25 availability of appropriations, the Attorney General shall
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1 provide for an increase in the number of asylum officers

2 to at least 600 asylum officers by fiscal year 1997.

3 Subtitle E—General Effective Date;

4 Transition Provisions

5 SEC. 551. GENERAL EFFECTIVE DATE.

6 (a) IN GENERAL.—Except as otherwise provided in

7 subsection (b) or in this title, this title and the amendments

8 made by this title shall take effect on October 1, 1996, and

9 shall apply beginning with fiscal year 1997.

10 (b) PROVISIONS TAKING EFFECT UPON ENACT11 MENT.—Sections 523 and 554 shall take effect on the date

12 of the enactment of this Act.

13 SEC. 552. GENERAL TRANSITION FOR CURRENT CLASSI14 FICATION PETITIONS.

15 (a) FAMILY-SPONSORED IMMIGRANTS.—

16 (1) IMMEDIATE RELATIVES.—Any petition filed

17 under section 204(a) of the Immigration and Nation18 ality Act before October 1, 1996, for immediate rel19 ative status under section 201(b)(2)(A) of such Act

20 (as in effect before such date) as a spouse or child of

21 a United States citizen or as a parent of a United

22 States citizen shall be deemed, as of such date, to be

23 a petition filed under such section for status under

24 section 201(b)(2)(A) (as such a spouse or child) or
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1 under section 203(a)(2), respectively, of such Act (as

2 amended by this title).

3 (2) SPOUSES AND CHILDREN OF PERMANENT

4 RESIDENTS.—Any petition filed under section 204(a)

5 of the Immigration and Nationality Act before Octo6 ber 1, 1996, for preference status under section

7 203(a)(2) of such Act as a spouse or child of an alien

8 lawfully admitted for permanent residence shall be

9 deemed, as of such date, to be a petition filed under

10 such section for preference status under section

11 203(a)(1) of such Act (as amended by this title).

12 (b) EMPLOYMENT-BASED IMMIGRANTS.—

13 (1) IN GENERAL.—Subject to paragraph (2), any

14 petition filed before October 1, 1996, and approved on

15 any date, to accord status under section 203(b)(1)(A),

16 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), 203(b)(3)(A)(i),

17 203(b)(3)(A)(ii), 203(b)(4), 203(b)(5) of the Immigra18 tion and Nationality Act (as in effect before such

19 date) shall be deemed, on and after October 1, 1996

20 (or, if later, the date of such approval), to be a peti21 tion approved to accord status under section

22 203(b)(1), 203(b)(2)(B), 203(b)(2)(C), 203(b)(3),

23 203(b)(4)(B), 203(b)(4)(C), 203(b)(6), or 203(b)(5),

24 respectively, of such Act (as in effect on and after

25 such date). Nothing in this paragraph shall be con-
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1 strued as exempting the beneficiaries of such petitions

2 from the numerical limitations under section 203(b)

3 of such Act (as amended by section 513).

4 (2) TIME LIMITATION.—Paragraph (1) shall not

5 apply more than two years after the date the priority

6 date for issuance of a visa on the basis of such a peti7 tion has been reached.

8 (c) ADMISSIBILITY STANDARDS.—When an immi9 grant, in possession of an unexpired immigrant visa issued

10 before October 1, 1996, makes application for admission,

11 the immigrant’s admissibility under paragraph (7)(A) of

12 section 212(a) of the Immigration and Nationality Act shall

13 be determined under the provisions of law in effect on the

14 date of the issuance of such visa.

15 (d) CONSTRUCTION.—Nothing in this title shall be con16 strued as affecting the provisions of section 19 of Public

17 Law 97–116, section 2(c)(1) of Public Law 97–271, or sec18 tion 202(e) of Public Law 99–603.

19 SEC. 553. SPECIAL TRANSITION FOR CERTAIN BACKLOGGED

20 SPOUSES AND CHILDREN OF LAWFUL PERMA21 NENT RESIDENT ALIENS.

22 (a) IN GENERAL.—(1) In addition to any immigrant

23 visa numbers otherwise available, immigrant visa numbers

in a number not to exceed 50,000 (or, if greater, 1 24 ⁄5 of the

25 number of aliens described in paragraph (2)) immigrant
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1 visa numbers shall be made available in each of fiscal years

2 1997 through 2001 for aliens who have petitions approved

3 for classification under section 203(a)(1) of the Immigra4 tion and Nationality Act (as amended by this title) for the

5 fiscal year.

6 (2) Aliens described in this paragraph are aliens, for

7 whom petitions are pending as of the beginning of the fiscal

8 year involved, with respect to whom the petitioning alien

9 became an alien admitted for lawful permanent residence

10 through the operation of section 210 or 245A of the Immi11 gration and Nationality Act.

12 (b) ORDER.—(1) Subject to paragraph (2), visa num13 bers under this section shall be made available in the order

14 in which a petition, in behalf of each such immigrant for

15 classification under section 203(a)(1) of the Immigration

16 and Nationality Act, is filed with the Attorney General

17 under section 204 of such Act.

18 (2) Visa numbers shall first be made available to aliens

19 for whom the petitioning alien did not become an alien law20 fully admitted for permanent residence through the oper21 ation of section 210 or 245A of the Immigration and Na22 tionality Act.

23 (3) The per country numerical limitations of section

24 202 of such Act shall not apply with respect to visa numbers

25 made available under this section, and visa numbers made
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1 available under this section shall not be counted in deter2 mining whether there are excess family admissions in a fis3 cal year under section 201(c)(3)(B) of the Immigration and

4 Nationality Act (as amended by section 501(b)).

5 (c) REPORT.—The Attorney General shall submit to

6 Congress, by April 1, 2001, a report on the operation of

7 this section and the extent to which this section will, by

8 October 1, 2001, have resulted in visa numbers being avail9 able to immigrants described in paragraphs (1) and (2) of

10 subsection (b) being available on a current basis.

11 SEC. 554. SPECIAL TREATMENT OF CERTAIN DISADVAN12 TAGED FAMILY FIRST PREFERENCE IMMI13 GRANTS.

14 (a) DISREGARD OF PER COUNTRY LIMITS FOR LAST

15 HALF OF FISCAL YEAR 1996.—The per country numerical

16 limitations specified in section 202(a) of the Immigration

17 and Nationality Act shall not apply to immigrant numbers

18 made available under section 203(a)(1) of such Act (as in

19 effect before the date of the enactment of this Act) on or

20 after April 1, 1996, but only to the extent necessary to as21 sure that the priority date for aliens classified under such

22 section who are nationals of a country is not earlier than

23 the priority date for aliens classified under section

24 203(a)(2)(B) of such Act for aliens who are nationals of

25 that country.
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1 (b) ADDITIONAL VISA NUMBERS POTENTIALLY AVAIL2 ABLE TO ASSURE EQUITABLE TREATMENT FOR UNMAR3 RIED SONS AND DAUGHTERS OF UNITED STATES CITI4 ZENS.—

5 (1) IN GENERAL.—In addition to any immi6 grant visa otherwise available, immigrant visa num7 bers shall be made available during fiscal year 1997

8 for disadvantaged family first preference aliens (as

9 defined in paragraph (2)) and for spouses and chil10 dren of such aliens who would otherwise be eligible to

11 immigrant status under section 203(e) of the Immi12 gration and Nationality Act in relation to such aliens

13 if the aliens remained entitled to immigrant status

14 under section 203(a) of such Act.

15 (2) DISADVANTAGED FAMILY FIRST PREFERENCE

16 ALIEN DEFINED.—In this subsection, the term ‘‘dis17 advantaged family first preference alien’’ means an

18 alien—

19 (A) with respect to whom a petition for

20 classification under section 203(a)(1) of the Im21 migration and Nationality Act (as in effect on

22 the date of the enactment of this Act) was ap23 proved as of September 30, 1996, and

24 (B) whose priority date, as of September 30,

25 1996, under such classification was earlier than
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1 the priority date as of such date for aliens of the

2 same nationality with respect to whom a peti3 tion for classification under section 203(a)(2)(B)

4 of such Act (as in effect on such date) had been

5 approved.

6 (3) DISREGARD OF PER COUNTRY NUMERICAL

7 LIMITATIONS.—Additional visa numbers made avail8 able under this subsection shall not be taken into ac9 count for purposes of applying any numerical limita10 tion applicable to the country under section 202 of

11 such Act, and visa numbers made available under this

12 subsection shall not be counted in determining wheth13 er there are excess family admissions in a fiscal year

14 under section 201(c)(3)(B) of the Immigration and

15 Nationality Act (as amended by section 501(b) of this

16 Act).

17 SEC. 555. AUTHORIZATION OF REIMBURSEMENT OF PETI18 TIONERS FOR ELIMINATED FAMILY-SPON19 SORED CATEGORIES.

20 (a) IN GENERAL.—Subject to the availability of appro21 priations, after the effective date of this title, the Attorney

22 General shall establish a process to provide for the reim23 bursement to each petitioner of all fees paid to the United

24 States, and which were required to be paid under the Immi25 gration and Nationality Act, for a petition, which was not
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1 disapproved as of such date and for which a visa has not

2 been issued, for a family-sponsored immigrant category

3 which is eliminated by this title or the amendments made

4 by this title. Any such process shall provide that such a

5 petitioner shall present any required documentation or

6 other proof of such claim, in person, to the Immigration

7 and Naturalization Service.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

9 authorized to be appropriated such sums as are necessary

10 to carry out this section.

11 TITLE VI—RESTRICTIONS ON

12 BENEFITS FOR ALIENS

13 SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING

14 WELFARE AND IMMIGRATION.

15 The Congress makes the following statements concern16 ing national policy with respect to welfare and immigra17 tion:

18 (1) Self-sufficiency has been a basic principle of

19 United States immigration law since this country’s

20 earliest immigration statutes.

21 (2) It continues to be the immigration policy of

22 the United States that—

23 (A) aliens within the nation’s borders not

24 depend on public resources to meet their needs,

25 but rather rely on their own capabilities and the
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1 resources of their families, their sponsors, and

2 private organizations, and

3 (B) the availability of public benefits not

4 constitute an incentive for immigration to the

5 United States.

6 (3) Despite the principle of self-sufficiency,

7 aliens have been applying for and receiving public

8 benefits from Federal, State, and local governments at

9 increasing rates.

10 (4) Current eligibility rules for public assistance

11 and unenforceable financial support agreements have

12 proved wholly incapable of assuring that individual

13 aliens not burden the public benefits system.

14 (5) It is a compelling government interest to

15 enact new rules for eligibility and sponsorship agree16 ments in order to assure that aliens be self-reliant in

17 accordance with national immigration policy.

18 (6) It is a compelling government interest to re19 move the incentive for illegal immigration provided

20 by the availability of public benefits.

21 (7) Where States are authorized to follow Federal

22 eligibility rules for public assistance programs, the

23 Congress strongly encourages the States to adopt the

24 Federal eligibility rules.
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1 Subtitle A—Eligibility of Illegal

2 Aliens for Public Benefits

3 PART 1—PUBLIC BENEFITS GENERALLY

4 SEC. 601. MAKING ILLEGAL ALIENS INELIGIBLE FOR PUB5 LIC ASSISTANCE, CONTRACTS, AND LI6 CENSES.

7 (a) FEDERAL PROGRAMS.—Notwithstanding any other

8 provision of law, except as provided in section 603, any

9 alien who is not lawfully present in the United States shall

10 not be eligible for any of the following:

11 (1) FEDERAL ASSISTANCE PROGRAMS.—To re12 ceive any benefits under any program of assistance

13 provided or funded, in whole or in part, by the Fed14 eral Government for which eligibility (or the amount

15 of assistance) is based on financial need.

16 (2) FEDERAL CONTRACTS OR LICENSES.—To re17 ceive any grant, to enter into any contract or loan

18 agreement, or to be issued (or have renewed) any pro19 fessional or commercial license, if the grant, contract,

20 loan, or license is provided or funded by any Federal

21 agency.

22 (b) STATE PROGRAMS.—Notwithstanding any other

23 provision of law, except as provided in section 603, any

24 alien who is not lawfully present in the United States shall

25 not be eligible for any of the following:
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1 (1) STATE ASSISTANCE PROGRAMS.—To receive

2 any benefits under any program of assistance (not de3 scribed in subsection (a)(1)) provided or funded, in

4 whole or in part, by a State or political subdivision

5 of a State for which eligibility (or the amount of as6 sistance) is based on financial need.

7 (2) STATE CONTRACTS OR LICENSES.—To receive

8 any grant, to enter into any contract or loan agree9 ment, or to be issued (or have renewed) any profes10 sional or commercial license, if the grant, contract,

11 loan, or license is provided or funded by any State

12 agency.

13 (c) REQUIRING PROOF OF IDENTITY FOR FEDERAL

14 CONTRACTS, GRANTS, LOANS, LICENSES, AND PUBLIC AS15 SISTANCE.—

16 (1) IN GENERAL.—In considering an application

17 for a Federal contract, grant, loan, or license, or for

18 public assistance under a program described in para19 graph (2), a Federal agency shall require the appli20 cant to provide proof of identity under paragraph (3)

21 to be considered for such Federal contract, grant,

22 loan, license, or public assistance.

23 (2) PUBLIC ASSISTANCE PROGRAMS COVERED.—

24 The requirement of proof of identity under paragraph
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1 (1) shall apply to the following Federal public assist2 ance programs:

3 (A) SSI.—The supplemental security in4 come program under title XVI of the Social Se5 curity Act, including State supplementary bene6 fits programs referred to in such title.

7 (B) AFDC.—The program of aid to families

8 with dependent children under part A or E of

9 title IV of the Social Security Act.

10 (C) SOCIAL SERVICES BLOCK GRANT.—The

11 program of block grants to States for social serv12 ices under title XX of the Social Security Act.

13 (D) MEDICAID.—The program of medical

14 assistance under title XIX of the Social Security

15 Act.

16 (E) FOOD STAMPS.—The program under the

17 Food Stamp Act of 1977.

18 (F) HOUSING ASSISTANCE.—Financial as19 sistance as defined in section 214(b) of the Hous20 ing and Community Development Act of 1980.

21 (3) DOCUMENTS THAT SHOW PROOF OF IDEN22 TITY.—

23 (A) IN GENERAL.—Any one of the docu24 ments described in subparagraph (B) may be

25 used as proof of identity under this subsection if
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1 the document is current and valid. No other doc2 ument or documents shall be sufficient to prove

3 identity.

4 (B) DOCUMENTS DESCRIBED.—The docu5 ments described in this subparagraph are the fol6 lowing:

7 (i) A United States passport (either

8 current or expired if issued both within the

9 previous 20 years and after the individual

10 attained 18 years of age).

11 (ii) A resident alien card.

12 (iii) A State driver’s license, if pre13 sented with the individual’s social security

14 account number card.

15 (iv) A State identity card, if presented

16 with the individual’s social security account

17 number card.

18 (d) AUTHORIZATION FOR STATES TO REQUIRE PROOF

19 OF ELIGIBILITY FOR STATE PROGRAMS.—In considering

20 an application for contracts, grants, loans, licenses, or pub21 lic assistance under any State program, a State is author22 ized to require the applicant to provide proof of eligibility

23 to be considered for such State contracts, grants, loans, li24 censes, or public assistance.

25 (e) EXCEPTION FOR BATTERED ALIENS.—
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1 (1) EXCEPTION.—The limitations on eligibility

2 for benefits under subsection (a) or (b) shall not apply

3 to an alien if—

4 (A)(i) the alien has been battered or subject

5 to extreme cruelty in the United States by a

6 spouse or parent, or by a member of the spouse

7 or parent’s family residing in the same house8 hold as the alien and the spouse or parent con9 sented or acquiesced to such battery or cruelty, or

10 (ii) the alien’s child has been battered or

11 subject to extreme cruelty in the United States

12 by a spouse or parent of the alien (without the

13 active participation of the alien in the battery or

14 extreme cruelty) or by a member of the spouse or

15 parent’s family residing in the same household

16 as the alien when the spouse or parent consented

17 or acquiesced to, and the alien did not actively

18 participate in, such battery or cruelty; and

19 (B)(i) the alien has petitioned (or petitions

20 within 45 days after the first application for as21 sistance subject to the limitations under sub22 section (a) or (b)) for—

23 (I) status as a spouse or child of a

24 United States citizen pursuant to clause
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1 (ii), (iii), or (iv) of section 204(a)(1)(A) of

2 the Immigration and Nationality Act,

3 (II) classification pursuant to clauses

4 (ii) or (iii) of section 204(a)(1)(B) of such

5 Act, or

6 (III) cancellation of removal and ad7 justment of status pursuant to section

8 240A(b)(2) of such Act ; or

9 (ii) the alien is the beneficiary of a petition

10 filed for status as a spouse or child of a United

11 States citizen pursuant to clause (i) of section

12 204(a)(1)(A) of the Immigration and National13 ity Act, or of a petition filed for classification

14 pursuant to clause (i) of section 204(a)(1)(B) of

15 such Act.

16 (2) TERMINATION OF EXCEPTION.—The exception

17 under paragraph (1) shall terminate if no complete

18 petition which sets forth a prima facie case is filed

19 pursuant to the requirement of paragraph (1)(B) or

20 (1)(C) or when an petition is denied.

21 SEC. 602. MAKING UNAUTHORIZED ALIENS INELIGIBLE FOR

22 UNEMPLOYMENT BENEFITS.

23 (a) IN GENERAL.—Notwithstanding any other provi24 sion of law, no unemployment benefits shall be payable (in

25 whole or in part) out of Federal funds to the extent the
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1 benefits are attributable to any employment of the alien in

2 the United States for which the alien was not granted em3 ployment authorization pursuant to Federal law.

4 (b) PROCEDURES.—Entities responsible for providing

5 unemployment benefits subject to the restrictions of this sec6 tion shall make such inquiries as may be necessary to as7 sure that recipients of such benefits are eligible consistent

8 with this section.

9 SEC. 603. GENERAL EXCEPTIONS.

10 Sections 601 and 602 shall not apply to the following:

11 (1) EMERGENCY MEDICAL SERVICES.—The pro12 vision of emergency medical services (as defined by

13 the Attorney General in consultation with the Sec14 retary of Health and Human Services).

15 (2) PUBLIC HEALTH IMMUNIZATIONS.—Public

16 health assistance for immunizations with respect to

17 immunizable diseases and for testing and treatment

18 for communicable diseases.

19 (3) SHORT-TERM EMERGENCY RELIEF.—The pro20 vision of non-cash, in-kind, short-term emergency re21 lief.

22 (4) FAMILY VIOLENCE SERVICES.—The provision

23 of any services directly related to assisting the victims

24 of domestic violence or child abuse.
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1 (5) SCHOOL LUNCH ACT.—Programs carried out

2 under the National School Lunch Act.

3 (6) CHILD NUTRITION ACT.—Programs of assist4 ance under the Child Nutrition Act of 1966.

5 SEC. 604. TREATMENT OF EXPENSES SUBJECT TO EMER6 GENCY MEDICAL SERVICES EXCEPTION.

7 (a) IN GENERAL.—Subject to such amounts as are pro8 vided in advance in appropriation Acts, each State or local

9 government that provides emergency medical services (as

10 defined for purposes of section 603(1)) through a public hos11 pital or other public facility (including a nonprofit hospital

12 that is eligible for an additional payment adjustment under

13 section 1886 of the Social Security Act) or through contract

14 with another hospital or facility to an individual who is

15 an alien not lawfully present in the United States is enti16 tled to receive payment from the Federal Government of its

17 costs of providing such services, but only to the extent that

18 such costs are not otherwise reimbursed through any other

19 Federal program and cannot be recovered from the alien

20 or another person.

21 (b) CONFIRMATION OF IMMIGRATION STATUS RE22 QUIRED.—No payment shall be made under this section

23 with respect to services furnished to an individual unless

24 the identity and immigration status of the individual has

25 been verified with the Immigration and Naturalization
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1 Service in accordance with procedures established by the At2 torney General.

3 (c) ADMINISTRATION.—This section shall be adminis4 tered by the Attorney General, in consultation with the Sec5 retary of Health and Human Services.

6 (d) EFFECTIVE DATE.—Subsection (a) shall not apply

7 to emergency medical services furnished before October 1,

8 1995.

9 SEC. 605. REPORT ON DISQUALIFICATION OF ILLEGAL

10 ALIENS FROM HOUSING ASSISTANCE PRO11 GRAMS.

12 Not later than 90 days after the date of the enactment

13 of this Act, the Secretary of Housing and Urban Develop14 ment shall submit a report to the Committees on the Judici15 ary of the House of Representatives and of the Senate, the

16 Committee on Banking of the House of Representatives, and

17 the Committee on Banking, Housing, and Urban Affairs

18 of the Senate, describing the manner in which the Secretary

19 is enforcing section 214 of the Housing and Community

20 Development Act of 1980. The report shall contain statistics

21 with respect to the number of aliens denied financial assist22 ance under such section.
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1 SEC. 606. VERIFICATION OF STUDENT ELIGIBILITY FOR

2 POSTSECONDARY FEDERAL STUDENT FINAN3 CIAL ASSISTANCE.

4 No student shall be eligible for postsecondary Federal

5 student financial assistance unless the student has certified

6 that the student is a citizen or national of the United States

7 or an alien lawfully admitted for permanent residence and

8 the Secretary of Education has verified such certification

9 through an appropriate procedure determined by the Attor10 ney General.

11 SEC. 607. PAYMENT OF PUBLIC ASSISTANCE BENEFITS.

12 In carrying out this part, the payment or provision

13 of benefits (other than those described in section 603 under

14 a program of assistance described in section 601(a)(1))

15 shall be made only through an individual or person who

16 is not ineligible to receive such benefits under such program

17 on the basis of immigration status pursuant to the require18 ments and limitations of this part.

19 SEC. 608. DEFINITIONS.

20 For purposes of this part:

21 (1) LAWFUL PRESENCE.—The determination of

22 whether an alien is lawfully present in the United

23 States shall be made in accordance with regulations

24 of the Attorney General. An alien shall not be consid25 ered to be lawfully present in the United States for

26 purposes of this title merely because the alien may be
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1 considered to be permanently residing in the United

2 States under color of law for purposes of any particu3 lar program.

4 (2) STATE.—The term ‘‘State’’ includes the Dis5 trict of Columbia, Puerto Rico, the Virgin Islands,

6 Guam, the Northern Mariana Islands, and American

7 Samoa.

8 SEC. 609. REGULATIONS AND EFFECTIVE DATES.

9 (a) REGULATIONS.—The Attorney General shall first

10 issue regulations to carry out this part (other than section

11 605) by not later than 60 days after the date of the enact12 ment of this Act. Such regulations shall take effect on an

13 interim basis, pending change after opportunity for public

14 comment.

15 (b) EFFECTIVE DATE FOR RESTRICTIONS ON ELIGI16 BILITY FOR PUBLIC BENEFITS.—(1) Except as provided in

17 this subsection, section 601 shall apply to benefits provided,

18 contracts or loan agreements entered into, and professional

19 and commercial licenses issued (or renewed) on or after

20 such date as the Attorney General specifies in regulations

21 under subsection (a). Such date shall be at least 30 days,

22 and not more than 60 days, after the date the Attorney Gen23 eral first issues such regulations.

24 (2) The Attorney General, in carrying out section

25 601(a)(2), may permit such section to be waived in the case
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1 of individuals for whom an application for the grant, con2 tract, loan, or license is pending (or approved) as of a date

3 that is on or before the effective date specified under para4 graph (1).

5 (c) EFFECTIVE DATE FOR RESTRICTIONS ON ELIGI6 BILITY FOR UNEMPLOYMENT BENEFITS.—(1) Except as

7 provided in this subsection, section 602 shall apply to un8 employment benefits provided on or after such date as the

9 Attorney General specifies in regulations under subsection

10 (a). Such date shall be at least 30 days, and not more than

11 60 days, after the date the Attorney General first issues such

12 regulations.

13 (2) The Attorney General, in carrying out section 602,

14 may permit such section to be waived in the case of an

15 individual during a continuous period of unemployment for

16 whom an application for unemployment benefits is pending

17 as of a date that is on or before the effective date specified

18 under paragraph (1).

19 (d) BROAD DISSEMINATION OF INFORMATION.—Before

20 the effective dates specified in subsections (b) and (c), the

21 Attorney General shall broadly disseminate information re22 garding the restrictions on eligibility established under this

23 part.
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1 PART 2—EARNED INCOME TAX CREDIT

2 SEC. 611. EARNED INCOME TAX CREDIT DENIED TO INDI3 VIDUALS NOT AUTHORIZED TO BE EMPLOYED

4 IN THE UNITED STATES.

5 (a) IN GENERAL.—Section 32(c)(1) of the Internal

6 Revenue Code of 1986 (relating to individuals eligible to

7 claim the earned income tax credit) is amended by adding

8 at the end the following new subparagraph:

9 ‘‘(F) IDENTIFICATION NUMBER REQUIRE10 MENT.—The term ‘eligible individual’ does not

11 include any individual who does not include on

12 the return of tax for the taxable year—

13 ‘‘(i) such individual’s taxpayer identi14 fication number, and

15 ‘‘(ii) if the individual is married

16 (within the meaning of section 7703), the

17 taxpayer identification number of such in18 dividual’s spouse.’’

19 (b) SPECIAL IDENTIFICATION NUMBER.—Section 32 of

20 the Internal Revenue Code of 1986 (relating to earned in21 come) is amended by adding at the end the following new

22 subsection:

23 ‘‘(k) IDENTIFICATION NUMBERS.—For purposes of sub24 sections (c)(1)(F) and (c)(3)(D), a taxpayer identification

25 number means a social security number issued to an indi26 vidual by the Social Security Administration (other than
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1 a social security number issued pursuant to clause (II) (or

2 that portion of clause (III) that relates to clause (II)) of

3 section 205(c)(2)(B)(i) of the Social Security Act).’’

4 (c) EXTENSION OF PROCEDURES APPLICABLE TO

5 MATHEMATICAL OR CLERICAL ERRORS.—Section

6 6213(g)(2) of the Internal Revenue Code of 1986 (relating

7 to the definition of mathematical or clerical errors) is

8 amended by striking ‘‘and’’ at the end of subparagraph (D),

9 by striking the period at the end of subparagraph (E) and

10 inserting ‘‘, and’’, and by inserting after subparagraph (E)

11 the following new subparagraph:

12 ‘‘(F) an omission of a correct taxpayer

13 identification number required under section 23

14 (relating to credit for families with younger chil15 dren) or section 32 (relating to the earned in16 come tax credit) to be included on a return.’’.

17 (d) EFFECTIVE DATE.—The amendments made by this

18 section shall apply to taxable years beginning after Decem19 ber 31, 1995.
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1 Subtitle B—Expansion of Disquali2 fication From Immigration Ben3 efits on the Basis of Public

4 Charge

5 SEC. 621. GROUND FOR INADMISSIBILITY.

6 (a) IN GENERAL.—Paragraph (4) of section 212(a) (8

7 U.S.C. 1182(a)) is amended to read as follows:

8 ‘‘(4) PUBLIC CHARGE.—

9 ‘‘(A) FAMILY-SPONSORED IMMIGRANTS.—

10 Any alien who seeks admission or adjustment of

11 status under a visa number issued under section

12 203(a), who cannot demonstrate to the consular

13 officer at the time of application for a visa, or

14 to the Attorney General at the time of applica15 tion for admission or adjustment of status, that

16 the alien’s age, health, family status, assets, re17 sources, financial status, education, skills, or a

18 combination thereof, or an affidavit of support

19 described in section 213A, or both, make it un20 likely that the alien will become a public charge

21 (as determined under section 241(a)(5)(B)) is in22 admissible.

23 ‘‘(B) NONIMMIGRANTS.—Any alien who

24 seeks admission under a visa number issued

25 under section 214, who cannot demonstrate to
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1 the consular officer at the time of application for

2 the visa that the alien’s age, health, family sta3 tus, assets, resources, financial status, education,

4 skills or a combination thereof, or an affidavit of

5 support described in section 213A, or both, make

6 it unlikely that the alien will become a public

7 charge (as determined under section

8 241(a)(5)(B)) is inadmissible.

9 ‘‘(C) EMPLOYMENT-BASED IMMIGRANTS.—

10 ‘‘(i) IN GENERAL.—Any alien who

11 seeks admission or adjustment of status

12 under a visa number issued under para13 graph (2) or (3) of section 203(b) who can14 not demonstrate to the consular officer at

15 the time of application for a visa, or to the

16 Attorney General at the time of application

17 for admission or adjustment of status, that

18 the immigrant has a valid offer of employ19 ment is inadmissible.

20 ‘‘(ii) CERTAIN EMPLOYMENT-BASED IM21 MIGRANTS.—Any alien who seeks admission

22 or adjustment of status under a visa num23 ber issued under section 203(b) by virtue of

24 a classification petition filed by a relative

25 of the alien (or by an entity in which such
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1 relative has a significant ownership inter2 est) is inadmissible unless such relative has

3 executed an affidavit of support described in

4 section 213A with respect to such alien.’’.

5 (b) EFFECTIVE DATE.—(1) Subject to paragraph (2),

6 the amendment made by subsection (a) shall apply to appli7 cations submitted on or after such date, not earlier than

8 30 days and not later than 60 days after the date the Attor9 ney General promulgates under section 632(f) a standard

10 form for an affidavit of support, as the Attorney General

11 shall specify.

12 (2) Section 212(a)(4)(C)(i) of the Immigration and

13 Nationality Act, as amended by subsection (a), shall apply

14 only to aliens seeking admission or adjustment of status

15 under a visa number issued on or after October 1, 1996.

16 SEC. 622. GROUND FOR DEPORTABILITY.

17 (a) IN GENERAL.—Paragraph (5) of subsection (a) of

18 section 241 (8 U.S.C. 1251(a)), before redesignation as sec19 tion 237 by section 305(a)(2), is amended to read as follows:

20 ‘‘(5) PUBLIC CHARGE.—

21 ‘‘(A) IN GENERAL.—Any alien who, within

22 7 years after the date of entry or admission, be23 comes a public charge is deportable.

24 ‘‘(B) EXCEPTIONS.—(i) Subparagraph (A)

25 shall not apply if the alien establishes that the
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1 alien has become a public charge from causes

2 that arose after entry or admission. A condition

3 that the alien knew (or had reason to know) ex4 isted at the time of entry or admission shall be

5 deemed to be a cause that arose before entry or

6 admission.

7 ‘‘(ii) The Attorney General, in the discre8 tion of the Attorney General, may waive the ap9 plication of subparagraph (A) in the case of an

10 alien who is admitted as a refugee under section

11 207 or granted asylum under section 208.

12 ‘‘(C) INDIVIDUALS TREATED AS PUBLIC

13 CHARGE.—

14 ‘‘(i) IN GENERAL.—For purposes of

15 this title, an alien is deemed to be a ‘public

16 charge’ if the alien receives benefits (other

17 than benefits described in subparagraph

18 (E)) under one or more of the public assist19 ance programs described in subparagraph

20 (D) for an aggregate period, except as pro21 vided in clauses (ii) and (iii), of at least 12

22 months within 7 years after the date of

23 entry. The previous sentence shall not be

24 construed as excluding any other bases for

25 considering an alien to be a public charge,
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1 including bases in effect on the day before

2 the date of the enactment of the Immigra3 tion in the National Interest Act of 1995.

4 The Attorney General, in consultation with

5 the Secretary of Health and Human Serv6 ices, shall establish rules regarding the

7 counting of health benefits described in sub8 paragraph (D)(iv) for purposes of this sub9 paragraph.

10 ‘‘(ii) DETERMINATION WITH RESPECT

11 TO BATTERED WOMEN AND CHILDREN.—For

12 purposes of a determination under clause

13 (i) and except as provided in clause (iii),

14 the aggregate period shall be 48 months

15 within 7 years after the date of entry if the

16 alien can demonstrate that (I) the alien has

17 been battered or subject to extreme cruelty

18 in the United States by a spouse or parent,

19 or by a member of the spouse or parent’s

20 family residing in the same household as

21 the alien and the spouse or parent consented

22 or acquiesced to such battery or cruelty, or

23 (II) the alien’s child has been battered or

24 subject to extreme cruelty in the United

25 States by a spouse or parent of the alien
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1 (without the active participation of the

2 alien in the battery or extreme cruelty), or

3 by a member of the spouse or parent’s fam4 ily residing in the same household as the

5 alien when the spouse or parent consented

6 or acquiesced to and the alien did not ac7 tively participate in such battery or cruelty,

8 and the need for the public benefits received

9 has a substantial connection to the battery

10 or cruelty described in subclause (I) or (II).

11 ‘‘(iii) SPECIAL RULE FOR ONGOING

12 BATTERY OR CRUELTY.—For purposes of a

13 determination under clause (i), the aggre14 gate period may exceed 48 months within 7

15 years after the date of entry if the alien can

16 demonstrate that any battery or cruelty

17 under clause (ii) is ongoing, has led to the

18 issuance of an order of a judge or an ad19 ministrative law judge or a prior deter20 mination of the Service, and that the need

21 for the benefits received has a substantial

22 connection to such battery or cruelty.

23 ‘‘(D) PUBLIC ASSISTANCE PROGRAMS.—For

24 purposes of subparagraph (B), the public assist25 ance programs described in this subparagraph
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1 are the following (and include any successor to

2 such a program as identified by the Attorney

3 General in consultation with other appropriate

4 officials):

5 ‘‘(i) SSI.—The supplemental security

6 income program under title XVI of the So7 cial Security Act, including State supple8 mentary benefits programs referred to in

9 such title.

10 ‘‘(ii) AFDC.—The program of aid to

11 families with dependent children under part

12 A or E of title IV of the Social Security

13 Act.

14 ‘‘(iii) MEDICAID.—The program of

15 medical assistance under title XIX of the

16 Social Security Act.

17 ‘‘(iv) FOOD STAMPS.—The program

18 under the Food Stamp Act of 1977.

19 ‘‘(v) STATE GENERAL CASH ASSIST20 ANCE.—A program of general cash assist21 ance of any State or political subdivision of

22 a State.

23 ‘‘(vi) HOUSING ASSISTANCE.—Finan24 cial assistance as defined in section 214(b)
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1 of the Housing and Community Develop2 ment Act of 1980.

3 ‘‘(E) CERTAIN ASSISTANCE EXCEPTED.—

4 For purposes of subparagraph (B), an alien shall

5 not be considered to be a public charge on the

6 basis of receipt of any of the following benefits:

7 ‘‘(i) EMERGENCY MEDICAL SERV8 ICES.—The provision of emergency medical

9 services (as defined by the Attorney General

10 in consultation with the Secretary of Health

11 and Human Services).

12 ‘‘(ii) PUBLIC HEALTH IMMUNIZA13 TIONS.—Public health assistance for immu14 nizations with respect to immunizable dis15 eases and for testing and treatment for com16 municable diseases.

17 ‘‘(iii) SHORT-TERM EMERGENCY RE18 LIEF.—The provision of non-cash, in-kind,

19 short-term emergency relief.’’.

20 (b) EFFECTIVE DATE.—(1) The amendment made by

21 subsection (a) shall take effect as of the first day of the first

22 month beginning at least 30 days after the date of the enact23 ment of this Act.

24 (2) In applying section 241(a)(5)(C) of the Immigra25 tion and Nationality Act (which is subsequently redesig-
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Title VI, Subtitle C

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1 nated as section 237(a)(5)(C) of such Act), as amended by

2 subsection (a), no receipt of benefits under a public assist3 ance program before the effective date described in para4 graph (1) shall be taken into account.

5 Subtitle C—Attribution of Income

6 and Affidavits of Support

7 SEC. 631. ATTRIBUTION OF SPONSOR’S INCOME AND RE8 SOURCES TO FAMILY-SPONSORED IMMI9 GRANTS.

10 (a) FEDERAL PROGRAMS.—Notwithstanding any other

11 provision of law, in determining the eligibility and the

12 amount of benefits of an alien for any Federal means-tested

13 public benefits program (as defined in subsection (d)) the

14 income and resources of the alien shall be deemed to in15 clude—

16 (1) the income and resources of any individual

17 who executed an affidavit of support pursuant to sec18 tion 213A of the Immigration and Nationality Act

19 (as inserted by section 632(a)) in behalf of such alien,

20 and

21 (2) the income and resources of the spouse (if

22 any) of the individual.

23 (b) PERIOD OF ATTRIBUTION.—

24 (1) PARENTS OF UNITED STATES CITIZENS.—

25 Subsection (a) shall apply with respect to an alien
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1 who is admitted to the United States as the parent

2 of a United States citizen under section 203(a)(2) of

3 the Immigration and Nationality Act, as amended by

4 section 512(a), until the alien is naturalized as a citi5 zen of the United States.

6 (2) SPOUSES OF UNITED STATES CITIZENS AND

7 LAWFUL PERMANENT RESIDENTS.—Subsection (a)

8 shall apply with respect to an alien who is admitted

9 to the United States as the spouse of a United States

10 citizen or lawful permanent resident under section

11 201(b)(2) of 203(a)(1) of the Immigration and Na12 tionality Act until—

13 (A) 7 years after the date the alien is law14 fully admitted to the United States for perma15 nent residence, or

16 (B) the alien is naturalized as a citizen of

17 the United States,

18 whichever occurs first.

19 (3) MINOR CHILDREN OF UNITED STATES CITI20 ZENS AND LAWFUL PERMANENT RESIDENTS.—Sub21 section (a) shall apply with respect to an alien who

22 is admitted to the United States as the minor child

23 of a United States citizen or lawful permanent resi24 dent under section 201(b)(2) of 203(a)(1) of the Im25 migration and Nationality Act until the child attains
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1 the age of 21 years or, if earlier, the date the child

2 is naturalized as a citizen of the United States.

3 (4) ATTRIBUTION OF SPONSOR’S INCOME AND

4 RESOURCES ENDED IF SPONSORED ALIEN BECOMES

5 ELIGIBLE FOR OLD-AGE BENEFITS UNDER TITLE II OF

6 THE SOCIAL SECURITY ACT.—

7 (A) Notwithstanding any other provision of

8 this section, subsection (a) shall not apply and

9 the period of attribution of a sponsor’s income

10 and resources under this subsection shall termi11 nate if the alien is employed for a period suffi12 cient to qualify for old age benefits under title II

13 of the Social Security Act and the alien is able

14 to prove to the satisfaction of the Attorney Gen15 eral that the alien so qualifies.

16 (B) The Attorney General shall ensure that

17 appropriate information pursuant to subpara18 graph (A) is provided to the System for Alien

19 Verification of Eligibility (SAVE).

20 (5) BATTERED WOMEN AND CHILDREN.—Not21 withstanding any other provision of this section, sub22 sections (a) and (c) shall not apply and the period of

23 attribution of the income and resources of any indi24 vidual under paragraphs (1) or (2) of subsection (a)

25 or paragraph (1) shall not apply—
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1 (A) for up to 48 months if the alien can

2 demonstrate that (i) the alien has been battered

3 or subject to extreme cruelty in the United States

4 by a spouse or parent, or by a member of the

5 spouse or parent’s family residing in the same

6 household as the alien and the spouse or parent

7 consented or acquiesced to such battery or cru8 elty, or (ii) the alien’s child has been battered or

9 subject to extreme cruelty in the United States

10 by a spouse or parent of the alien (without the

11 active participation of the alien in the battery

12 or extreme cruelty), or by a member of the spouse

13 or parent’s family residing in the same house14 hold as the alien when the spouse or parent con15 sented or acquiesced to and the alien did not ac16 tively participate in such battery or cruelty, and

17 need for the public benefits applied for has a sub18 stantial connection to the battery or cruelty de19 scribed in clause (i) or (ii); and

20 (B) for more than 48 months if the alien

21 can demonstrate that any battery or cruelty

22 under subparagraph (A) is ongoing, has led to

23 the issuance of an order of a judge or an admin24 istrative law judge or a prior determination of

25 the Service, and that need for such benefits has
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1 a substantial connection to such battery or cru2 elty.

3 (c) OPTIONAL APPLICATION TO STATE PROGRAMS.—

4 (1) AUTHORITY.—Notwithstanding any other

5 provision of law, in determining the eligibility and

6 the amount of benefits of an alien for any State

7 means-tested public benefits program, the State or po8 litical subdivision that offers the program is author9 ized to provide that the income and resources of the

10 alien shall be deemed to include—

11 (A) the income and resources of any indi12 vidual who executed an affidavit of support pur13 suant to section 213A of the Immigration and

14 Nationality Act (as inserted by section 632(a))

15 in behalf of such alien, and

16 (B) the income and resources of the spouse

17 (if any) of the individual.

18 (2) PERIOD OF ATTRIBUTION.—The period of at19 tribution of a sponsor’s income and resources in de20 termining the eligibility and amount of benefits for

21 an alien under any State means-tested public benefits

22 program pursuant to paragraph (1) may not exceed

23 the Federal period of attribution with respect to the

24 alien.
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1 (d) MEANS-TESTED PROGRAM DEFINED.—In this sec2 tion:

3 (1) The term ‘‘means-tested public benefits pro4 gram’’ means a program of public benefits (including

5 cash, medical, housing, and food assistance and social

6 services) of the Federal Government or of a State or

7 political subdivision of a State in which the eligi8 bility of an individual, household, or family eligi9 bility unit for benefits under the program, or the

10 amount of such benefits, or both are determined on

11 the basis of income, resources, or financial need of the

12 individual, household, or unit.

13 (2) The term ‘‘Federal means-tested public bene14 fits program’’ means a means-tested public benefits

15 program of (or contributed to by) the Federal Govern16 ment.

17 (3) The term ‘‘State means-tested public benefits

18 program’’ means a means-tested public benefits pro19 gram that is not a Federal means-tested program.

20 SEC. 632. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF

21 SUPPORT.

22 (a) IN GENERAL.—Title II is amended by inserting

23 after section 213 the following new section:

24 ‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT

25 ‘‘SEC. 213A. (a) ENFORCEABILITY.—(1) No affidavit

26 of support may be accepted by the Attorney General or by
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1 any consular officer to establish that an alien is not inad2 missible as a public charge under section 212(a)(4) unless

3 such affidavit is executed by a sponsor of the alien as a

4 contract—

5 ‘‘(A) that is legally enforceable against the spon6 sor by the Federal Government and by any State (or

7 any political subdivision of such State) that provides

8 any means-tested public benefits program, subject to

9 subsection (b)(4); and

10 ‘‘(B) in which the sponsor agrees to submit to the

11 jurisdiction of any Federal or State court for the pur12 pose of actions brought under subsection (b)(2).

13 ‘‘(2)(A) An affidavit of support shall be enforceable

14 with respect to benefits provided under any means-tested

15 public benefits program for an alien who is admitted to

16 the United States as the parent of a United States citizen

17 under section 203(a)(2) until the alien is naturalized as

18 a citizen of the United States.

19 ‘‘(B) An affidavit of support shall be enforceable with

20 respect to benefits provided under any means-tested public

21 benefits program for an alien who is admitted to the United

22 States as the spouse of a United States citizen or lawful

23 permanent resident under section 201(b)(2) or 203(a)(2)

24 until—
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1 ‘‘(i) 7 years after the date the alien is lawfully

2 admitted to the United States for permanent resi3 dence, or

4 ‘‘(ii) such time as the alien is naturalized as a

5 citizen of the United States,

6 whichever occurs first.

7 ‘‘(C) An affidavit of support shall be enforceable with

8 respect to benefits provided under any means-tested public

9 benefits program for an alien who is admitted to the United

10 States as the minor child of a United States citizen or law11 ful permanent resident under section 201(b)(2) or section

12 203(a)(2) until the child attains the age of 21 years.

13 ‘‘(D)(i) Notwithstanding any other provision of this

14 subparagraph, a sponsor shall be relieved of any liability

15 under an affidavit of support if the sponsored alien is em16 ployed for a period sufficient to qualify for old age benefits

17 under title II of the Social Security Act and the sponsor

18 or alien is able to prove to the satisfaction of the Attorney

19 General that the alien so qualifies.

20 ‘‘(ii) The Attorney General shall ensure that appro21 priate information pursuant to clause (i) is provided to the

22 System for Alien Verification of Eligibility (SAVE).

23 ‘‘(b) REIMBURSEMENT OF GOVERNMENT EXPENSES.—

24 (1)(A) Upon notification that a sponsored alien has re25 ceived any benefit under any means-tested public benefits
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1 program, the appropriate Federal, State, or local official

2 shall request reimbursement by the sponsor in the amount

3 of such assistance.

4 ‘‘(B) The Attorney General, in consultation with the

5 Secretary of Health and Human Services, shall prescribe

6 such regulations as may be necessary to carry out subpara7 graph (A).

8 ‘‘(2) If within 45 days after requesting reimbursement,

9 the appropriate Federal, State, or local agency has not re10 ceived a response from the sponsor indicating a willingness

11 to commence payments, an action may be brought against

12 the sponsor pursuant to the affidavit of support.

13 ‘‘(3) If the sponsor fails to abide by the repayment

14 terms established by such agency, the agency may, within

15 60 days of such failure, bring an action against the sponsor

16 pursuant to the affidavit of support.

17 ‘‘(4) No cause of action may be brought under this sub18 section later than 10 years after the alien last received any

19 benefit under any means-tested public benefits program.

20 ‘‘(5) If, pursuant to the terms of this subsection, a Fed21 eral, State, or local agency requests reimbursement from the

22 sponsor in the amount of assistance provided, or brings an

23 action against the sponsor pursuant to the affidavit of sup24 port, the appropriate agency may appoint or hire an indi25 vidual or other person to act on behalf of such agency acting
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1 under the authority of law for purposes of collecting any

2 moneys owed. Nothing in this subsection shall preclude any

3 appropriate Federal, State, or local agency from directly

4 requesting reimbursement from a sponsor for the amount

5 of assistance provided, or from bringing an action against

6 a sponsor pursuant to an affidavit of support.

7 ‘‘(c) REMEDIES.—Remedies available to enforce an af8 fidavit of support under this section include any or all of

9 the remedies described in section 3201, 3203, 3204, or 3205

10 of title 28, United States Code, as well as an order for spe11 cific performance and payment of legal fees and other costs

12 of collection, and include corresponding remedies available

13 under State law. A Federal agency may seek to collect

14 amounts owed under this section in accordance with the

15 provisions of subchapter II of chapter 37 of title 31, United

16 States Code.

17 ‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—(1)

18 The sponsor of an alien shall notify the Federal Government

19 and the State in which the sponsored alien is currently re20 siding within 30 days of any change of address of the spon21 sor during the period specified in subsection (a)(1).

22 ‘‘(2) Any person subject to the requirement of para23 graph (1) who fails to satisfy such requirement shall be sub24 ject to a civil penalty of—

25 ‘‘(A) not less than $250 or more than $2,000, or
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1 ‘‘(B) if such failure occurs with knowledge that

2 the sponsored alien has received any benefit under

3 any means-tested public benefits program, not less

4 than $2,000 or more than $5,000.

5 ‘‘(e) DEFINITIONS.—For the purposes of this section—

6 ‘‘(1) SPONSOR.—The term ‘sponsor’ means, with

7 respect to an alien, an individual who—

8 ‘‘(A) is a citizen or national of the United

9 States or an alien who is lawfully admitted to

10 the United States for permanent residence;

11 ‘‘(B) is 18 years of age or over;

12 ‘‘(C) is domiciled in any State;

13 ‘‘(D) demonstrates, through presentation of

14 a certified copy of a tax return or otherwise, (i)

15 the means to maintain an annual income equal

16 to at least 200 percent of the poverty level for the

17 individual and the individual’s family (includ18 ing the alien and any other aliens with respect

19 to whom the individual is a sponsor), or (ii) for

20 an individual who is on active duty (other than

21 active duty for training) in the Armed Forces of

22 the United States, the means to maintain an an23 nual income equal to at least 100 percent of the

24 poverty level for the individual and the individ25 ual’s family including the alien and any other
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1 aliens with respect to whom the individual is a

2 sponsor); and

3 ‘‘(E) is petitioning for the admission of the

4 alien under section 204 (or is an individual who

5 accepts joint and several liability with the peti6 tioner).

7 ‘‘(2) FEDERAL POVERTY LINE.—The term ‘Fed8 eral poverty line’ means the income official poverty

9 line (as defined in section 673(2) of the Community

10 Services Block Grant Act) that is applicable to a fam11 ily of the size involved.

12 ‘‘(3) MEANS-TESTED PUBLIC BENEFITS PRO13 GRAM.—The term ‘means-tested public benefits pro14 gram’ means a program of public benefits (including

15 cash, medical, housing, and food assistance and social

16 services) of the Federal Government or of a State or

17 political subdivision of a State in which the eligi18 bility of an individual, household, or family eligi19 bility unit for benefits under the program, or the

20 amount of such benefits, or both are determined on

21 the basis of income, resources, or financial need of the

22 individual, household, or unit.’’.

23 (b) REQUIREMENT OF AFFIDAVIT OF SUPPORT FROM

24 EMPLOYMENT SPONSORS.—For requirement for affidavit of

25 support from individuals who file classification petitions
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1 for a relative as an employment-based immigrant, see the

2 amendment made by section 621(a).

3 (c) SETTLEMENT OF CLAIMS PRIOR TO NATURALIZA4 TION.—Section 316 (8 U.S.C. 1427) is amended—

5 (1) in subsection (a), by striking ‘‘and’’ before

6 ‘‘(3)’’, and by inserting before the period at the end

7 the following: ‘‘, and (4) in the case of an applicant

8 that has received assistance under a means-tested

9 public benefits program (as defined in subsection

10 (f)(3) of section 213A) administered by a Federal,

11 State, or local agency and with respect to which

12 amounts may be owing under an affidavit of support

13 executed under such section, provides satisfactory evi14 dence that there are no outstanding amounts that

15 may be owed to any such Federal, State, or local

16 agency pursuant to such affidavit by the sponsor who

17 executed such affidavit, except as provided in sub18 section (g)’’; and

19 (2) by adding at the end the following new sub20 section:

21 ‘‘(g) Clause (4) of subsection (a) shall not apply to an

22 applicant where the applicant can demonstrate that—

23 ‘‘(A) either—

24 ‘‘(i) the applicant has been battered or sub25 ject to extreme cruelty in the United States by
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1 a spouse or parent or by a member of the spouse

2 or parent’s family residing in the same house3 hold as the applicant and the spouse or parent

4 consented or acquiesced to such battery or cru5 elty, or

6 ‘‘(ii) the applicant’s child has been battered

7 or subject to extreme cruelty in the United States

8 by the applicant’s spouse or parent (without the

9 active participation of the applicant in the bat10 tery or extreme cruelty), or by a member of the

11 spouse or parent’s family residing in the same

12 household as the applicant when the spouse or

13 parent consented or acquiesced to and the appli14 cant did not actively participate in such battery

15 or cruelty;

16 ‘‘(B) such battery or cruelty has led to the issu17 ance of an order of a judge or an administrative law

18 judge or a prior determination of the Service; and

19 ‘‘(C) the need for the public benefits received as

20 to which amounts are owing had a substantial con21 nection to the battery or cruelty described in subpara22 graph (A).’’.

23 (d) CLERICAL AMENDMENT.—The table of contents is

24 amended by inserting after the item relating to section 213

25 the following:

‘‘Sec. 213A. Requirements for sponsor’s affidavit of support.’’.
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1 (e) EFFECTIVE DATE.—Subsection (a) of section 213A

2 of the Immigration and Nationality Act, as inserted by sub3 section (a) of this section, shall apply to affidavits of sup4 port executed on or after a date specified by the Attorney

5 General, which date shall be not earlier than 60 days (and

6 not later than 90 days) after the date the Attorney General

7 formulates the form for such affidavits under subsection (f)

8 of this section.

9 (f) PROMULGATION OF FORM.—Not later than 90 days

10 after the date of the enactment of this Act, the Attorney

11 General, in consultation with the Secretary of State and

12 the Secretary of Health and Human Services, shall promul13 gate a standard form for an affidavit of support consistent

14 with the provisions of section 213A of the Immigration and

15 Nationality Act.

16 TITLE VII—FACILITATION OF

17 LEGAL ENTRY

18 SEC. 701. ADDITIONAL LAND BORDER INSPECTORS; INFRA19 STRUCTURE IMPROVEMENTS.

20 (a) INCREASED PERSONNEL.—

21 (1) IN GENERAL.—In order to eliminate undue

22 delay in the thorough inspection of persons and vehi23 cles lawfully attempting to enter the United States,

24 the Attorney General and Secretary of the Treasury

25 shall increase, by approximately equal numbers in
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1 each of the fiscal years 1996 and 1997, the number

2 of full-time land border inspectors assigned to active

3 duty by the Immigration and Naturalization Service

4 and the United States Customs Service to a level ade5 quate to assure full staffing during peak crossing

6 hours of all border crossing lanes now in use, under

7 construction, or construction of which has been au8 thorized by Congress.

9 (2) DEPLOYMENT OF PERSONNEL.—The Attorney

10 General and the Secretary of the Treasury shall, to

11 the maximum extent practicable, ensure that the per12 sonnel hired pursuant to this subsection shall be de13 ployed among the various Immigration and Natu14 ralization Service sectors in proportion to the number

15 of land border crossings measured in each such sector

16 during the preceding fiscal year.

17 (b) IMPROVED INFRASTRUCTURE.—

18 (1) IN GENERAL.—The Attorney General may,

19 from time to time, in consultation with the Secretary

20 of the Treasury, identify those physical improvements

21 to the infrastructure of the international land borders

22 of the United States necessary to expedite the inspec23 tion of persons and vehicles attempting to lawfully

24 enter the United States in accordance with existing

25 policies and procedures of the Immigration and Natu-
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1 ralization Service, the United States Customs Service,

2 and the Drug Enforcement Agency.

3 (2) PRIORITIES.—Such improvements to the in4 frastructure of the land border of the United States

5 shall be substantially completed and fully funded in

6 those portions of the United States where the Attorney

7 General, in consultation with the Committees on the

8 Judiciary of the House of Representatives and the

9 Senate, objectively determines the need to be greatest

10 or most immediate before the Attorney General may

11 obligate funds for construction of any improvement

12 otherwise located.

13 SEC. 702. COMMUTER LANE PILOT PROGRAMS.

14 (a) MAKING LAND BORDER INSPECTION FEE PERMA15 NENT.—Section 286(q) (8 U.S.C. 1356(q)) is amended—

16 (1) in paragraph (1), by striking ‘‘a project’’

17 and inserting ‘‘projects’’;

18 (2) in paragraph (1), by striking ‘‘Such project’’

19 and inserting ‘‘Such projects’’; and

20 (3) by striking paragraph (5).

21 (b) CONFORMING AMENDMENT.—The Departments of

22 Commerce, Justice, and State, the Judiciary, and Related

23 Agencies Appropriation Act, 1994 (Public Law 103–121,

24 107 Stat. 1161) is amended by striking the fourth proviso
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1 under the heading ‘‘Immigration and Naturalization Serv2 ice, Salaries and Expenses’’.

3 SEC. 703. PREINSPECTION AT FOREIGN AIRPORTS.

4 (a) IN GENERAL.—The Immigration and Nationality

5 Act is amended by inserting after section 235 the following

6 new section:

7 ‘‘PREINSPECTION AT FOREIGN AIRPORTS

8 ‘‘SEC. 235A. (a) ESTABLISHMENT OF PREINSPECTION

9 STATIONS.—(1) Subject to paragraph (4), not later than

10 2 years after the date of the enactment of this section, the

11 Attorney General, in consultation with the Secretary of

12 State, shall establish and maintain preinspection stations

13 in at least 5 of the foreign airports that are among the 10

14 foreign airports which the Attorney General identifies as

15 serving as last points of departure for the greatest numbers

16 of passengers who arrive from abroad by air at ports of

17 entry within the United States. Such preinspection stations

18 shall be in addition to any preinspection stations estab19 lished prior to the date of the enactment of this section.

20 ‘‘(2) Not later than November 1, 1995, and each subse21 quent November 1, the Attorney General shall compile data

22 identifying—

23 ‘‘(A) the foreign airports which served as last

24 points of departure for aliens who arrived by air at

25 United States ports of entry without valid docu26 mentation during the preceding fiscal years,
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1 ‘‘(B) the number and nationality of such aliens

2 arriving from each such foreign airport, and

3 ‘‘(C) the primary routes such aliens followed

4 from their country of origin to the United States.

5 ‘‘(3) Subject to paragraph (4), not later than 4 years

6 after the date of enactment of this section, the Attorney Gen7 eral, in consultation with the Secretary of State, shall estab8 lish preinspection stations in at least 5 additional foreign

9 airports which the Attorney General, in consultation with

10 the Secretary of State, determines based on the data com11 piled under paragraph (2) and such other information as

12 may be available would most effectively reduce the number

13 of aliens who arrive from abroad by air at points of entry

14 within the United States without valid documentation.

15 Such preinspection stations shall be in addition to those

16 established prior to or pursuant to paragraph (1).

17 ‘‘(4) Prior to the establishment of a preinspection sta18 tion the Attorney General, in consultation with the Sec19 retary of State, shall ensure that—

20 ‘‘(A) employees of the United States stationed at

21 the preinspection station and their accompanying

22 family members will receive appropriate protection,

23 ‘‘(B) such employees and their families will not

24 be subject to unreasonable risks to their welfare and

25 safety, and
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1 ‘‘(C) the country in which the preinspection sta2 tion is to be established maintains practices and pro3 cedures with respect to asylum seekers and refugees in

4 accordance with the Convention Relating to the Sta5 tus of Refugees (done at Geneva, July 28, 1951), or

6 the Protocol Relating to the Status of Refugees (done

7 at New York, January 31, 1967).

8 ‘‘(b) ESTABLISHMENT OF CARRIER CONSULTANT PRO9 GRAM.—The Attorney General shall assign additional im10 migration officers to assist air carriers in the detection of

11 fraudulent documents at foreign airports which, based on

12 the records maintained pursuant to subsection (a)(2),

13 served as a point of departure for a significant number of

14 arrivals at United States ports of entry without valid docu15 mentation, but where no preinspection station exists.’’.

16 (c) CLERICAL AMENDMENT.—The table of contents, as

17 amended by section 308(a)(2), is further amended by insert18 ing after the item relating to section 235 the following new

19 item:

‘‘Sec. 235A. Preinspection at foreign airports.’’.

20 SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETECTION

21 OF FRAUDULENT DOCUMENTS.

22 (a) USE OF FUNDS.—Section 286(h)(2)(A) (8 U.S.C.

23 1356(h)(2)(A)) is amended—

24 (1) in clause (iv), by inserting ‘‘, including

25 training of, and technical assistance to, commercial
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1 airline personnel regarding such detection’’ after

2 ‘‘United States’’, and

3 (2) by adding at the end the following:

4 ‘‘The Attorney General shall provide for expenditures for

5 training and assistance described in clause (iv) in an

6 amount, for any fiscal year, not less than 5 percent of the

7 total of the expenses incurred that are described in the pre8 vious sentence.’’.

9 (b) COMPLIANCE WITH DETECTION REGULATIONS.—

10 Section 212(f) (8 U.S.C. 1182(f)) is amended by adding at

11 the end the following: ‘‘Whenever the Attorney General finds

12 that a commercial airline has failed to comply with regula13 tions of the Attorney General relating to requirements of

14 airlines for the detection of fraudulent documents used by

15 passengers traveling to the United States (including the

16 training of personnel in such detection), the Attorney Gen17 eral may suspend the entry of some or all aliens transported

18 to the United States by such airline.’’.

19 (c) EFFECTIVE DATES.—

20 (1) The amendments made by subsection (a)

21 shall apply to expenses incurred during or after fiscal

22 year 1996.

23 (2) The Attorney General shall first issue, in

24 proposed form, regulations referred to in the second

25 sentence of section 212(f) of the Immigration and Na-
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1 tionality Act, as added by the amendment made by

2 subsection (b), by not later than 90 days after the

3 date of the enactment of this Act.

4 TITLE VIII—MISCELLANEOUS

5 PROVISIONS

6 Subtitle A—Amendments to the

7 Immigration and Nationality Act

8 SEC. 801. NONIMMIGRANT STATUS FOR SPOUSES AND CHIL9 DREN OF MEMBERS OF THE ARMED SERV10 ICES.

11 Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amend12 ed—

13 (1) by striking ‘‘or’’ at the end of subparagraph

14 (R),

15 (2) by striking the period at the end of subpara16 graph (S) and inserting ‘‘; or’’, and

17 (3) by inserting after subparagraph (S) the fol18 lowing new subparagraph:

19 ‘‘(T) an alien who is the spouse or child of a an20 other alien who is serving on active duty in the

21 Armed Forces of the United States during the period

22 in which the other alien is stationed in the United

23 States.’’.
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1 SEC. 802. AMENDED DEFINITION OF AGGRAVATED FELONY.

2 (a) IN GENERAL.—Section 101(a)(43) (8 U.S.C.

3 1101(a)(43)), as amended by section 222 of the Immigra4 tion and Nationality Technical Corrections Act of 1994

5 (Public Law 103–416), is amended—

6 (1) in subparagraph (N), by striking ‘‘of title 18,

7 United States Code’’ and inserting ‘‘of this Act’’, and

8 (2) in subparagraph (O), by striking ‘‘which

9 constitutes’’ and all that follows up to the semicolon

10 at the end and inserting ‘‘, for the purpose of com11 mercial advantage’’.

12 (b) EFFECTIVE DATE OF CONVICTION.—Section

13 101(a)(43) (8 U.S.C. 1101(a)(43)), as amended by section

14 222(a) of the Immigration and Nationality Technical Cor15 rections Act of 1994 (Public Law 103–416), is amended by

16 adding at the end the following sentence: ‘‘Notwithstanding

17 any other provision of law, the term applies for all purposes

18 to convictions entered before, on, or after the date of enact19 ment of the Immigration and Nationality Technical Correc20 tions Act of 1994.’’.

21 (c) EFFECTIVE DATE.—The amendments made by this

22 section shall be effective as if included in the enactment of

23 the Immigration and Nationality Technical Corrections Act

24 of 1994 (Public Law 103–416).
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1 SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING

2 PROCEDURES.

3 (a) IN GENERAL.—Section 202(a) (8 U.S.C. 1152(a)),

4 as amended by section 524(d), is amended—

5 (1) in paragraph (1), by striking ‘‘paragraph

6 (2)’’ and inserting ‘‘paragraphs (2) and (6)’’, and

7 (2) by adding at the end the following new para8 graph:

9 ‘‘(6) CONSTRUCTION.—Nothing in paragraph (1)

10 shall be construed to limit the authority of the Sec11 retary of State to determine the procedures for the

12 processing of immigrant visa applications or the loca13 tions where such applications will be processed.’’.

14 (b) ELIMINATION OF CONSULATE SHOPPING FOR VISA

15 OVERSTAYS.—Section 222 (8 U.S.C. 1202) is amended by

16 adding at the end the following new subsection:

17 ‘‘(g) In the case of an alien who has entered and re18 mained in the United States beyond the authorized period

19 of stay, the alien is not eligible to be admitted to the United

20 States as a nonimmigrant on the basis of a visa issued other

21 than in a consular office located in the country of the alien’s

22 nationality (or, if there is no office in such country, at such

23 other consular office as the Secretary of State shall speci24 fy).’’.
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1 (c) EFFECTIVE DATE.—The amendments made by this

2 section shall apply to visas issued before, on, or after the

3 date of the enactment of this Act.

4 SEC. 804. WAIVER AUTHORITY CONCERNING NOTICE OF DE5 NIAL OF APPLICATION FOR VISAS.

6 Section 212(b) (8 U.S.C. 1182(b)) is amended—

7 (1) by redesignating paragraphs (1) and (2) as

8 subparagraphs (A) and (B);

9 (2) by striking ‘‘If’’ and inserting ‘‘(1) Subject

10 to paragraph (2), if’’; and

11 (3) by inserting at the end the following para12 graph:

13 ‘‘(2) With respect to applications for visas, the Sec14 retary of State may waive the application of paragraph

15 (1) in the case of a particular alien or any class or classes

16 of aliens inadmissible under subsection (a)(2) or (a)(3).’’.

17 SEC. 805. TREATMENT OF CANADIAN LANDED IMMIGRANTS.

18 Section 212(d)(4)(B) (8 U.S.C. 1182(d)(4)(B)) is

19 amended—

20 (1) by striking ‘‘and residents’’ and inserting ‘‘,

21 residents’’, and

22 (2) by striking ‘‘nationals,’’ and inserting ‘‘na23 tionals, and aliens who are granted permanent resi24 dence by the government of the foreign contiguous ter25 ritory and who are residing in that territory’’.
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1 SEC. 806. CHANGES RELATING TO H–1B NONIMMIGRANTS.

2 (a) PROVISIONS RELATING TO WAGE DETERMINA3 TIONS.—Section 212(n) (8 U.S.C. 1182(n)) is amended by

4 adding at the end the following new paragraphs:

5 ‘‘(3) For purposes of determining the actual wage level

6 paid under paragraph (1)(A)(i)(I), an employer shall not

7 be required to have and document an objective system to

8 determine the wages of workers.

9 ‘‘(4) For purposes of determining the actual wage level

10 paid under paragraph (1)(A)(i)(I), a non-H–1B-dependent

11 employer of more than 1,000 full-time equivalent employees

12 in the United States may demonstrate that in determining

13 the wages of H–1B nonimmigrants, it utilizes a compensa14 tion and benefits system that has been previously certified

15 by the Secretary of Labor (and recertified at such intervals

16 the Secretary of Labor may designate) to satisfy all of the

17 following conditions:

18 ‘‘(A) The employer has a company-wide com19 pensation policy for its full-time equivalent employees

20 which ensures salary equity among employees simi21 larly employed.

22 ‘‘(B) The employer has a company-wide benefits

23 policy under which all full-time equivalent employees

24 similarly employed are eligible for substantially the

25 same benefits or under which some employees may ac-
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1 cept higher pay, at least equal in value to the benefits,

2 in lieu of benefits.

3 ‘‘(C) The compensation and benefits policy is

4 communicated to all employees.

5 ‘‘(D) The employer has a human resources or

6 compensation function that administers its compensa7 tion system.

8 ‘‘(E) The employer has established documenta9 tion for the job categories in question.

10 An employer’s payment of wages consistent with a system

11 which meets the conditions of subparagraphs (A) through

12 (E) of this paragraph which has been certified by the Sec13 retary of Labor pursuant to this paragraph shall be deemed

14 to satisfy the requirements of paragraph (1)(A)(i)(I).

15 ‘‘(5) For purposes of determining the prevailing wage

16 level paid under paragraph (1)(A)(i)(II), employers may

17 provide a published survey, a State Employment Security

18 Agency determination, a determination by an accepted pri19 vate source, or any other legitimate source. The Secretary

20 of Labor shall, not later than 180 days from the date of

21 enactment of this paragraph, provide for acceptance of pre22 vailing wage determinations not made by a State Employ23 ment Security Agency. The Secretary of Labor or the Sec24 retary’s designate must either accept such a non-State Em25 ployment Security Agency wage determination or issue a
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1 written decision rejecting the determination and detailing

2 the legitimate reasons that the determination is not accept3 able. If a detailed rejection is not issued within 45 days

4 of the date of the Secretary’s receipt of such determination,

5 the determination will be deemed accepted. An employer’s

6 payment of wages consistent with a prevailing wage deter7 mination not rejected by the Secretary of Labor under this

8 paragraph shall be deemed to satisfy the requirements of

9 paragraph (1)(A)(i)(II).’’.

10 (b) INAPPLICABILITY OF CERTAIN REGULATIONS TO

11 NON-H–1B-DEPENDENT EMPLOYERS.—

12 (1) DEFINITION OF H–1B-DEPENDENT EM13 PLOYER.—Section 212(n)(2) (8 U.S.C. 1182(n)(2)) is

14 amended by inserting after subparagraph (D) the fol15 lowing new subparagraphs:

16 ‘‘(E) In this subsection, the term ‘H–1B-dependent em17 ployer’ means an employer that—

18 ‘‘(i)(I) has fewer than 21 full-time equivalent

19 employees who are employed in the United States,

20 and (II) employs 4 or more H–1B nonimmigrants; or

21 ‘‘(ii)(I) has at least 21 but not more than 150

22 full-time equivalent employees who are employed in

23 the United States, and (II) employs H–1B

24 nonimmigrants in a number that is equal to at least
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1 20 percent of the number of such full-time equivalent

2 employees; or

3 ‘‘(iii)(I) has at least 151 full-time equivalent em4 ployees who are employed in the United States, and

5 (II) employs H–1B nonimmigrants in a number that

6 is equal to at least 15 percent of the number of such

7 full-time equivalent employees.

8 In applying this subparagraph, any group treated as a sin9 gle employer under subsection (b), (c), (m), or (o) of section

10 414 of the Internal Revenue Code of 1986 shall be treated

11 as a single employer. Aliens employed under a petition for

12 H–1B nonimmigrants shall be treated as employees, and

13 counted as nonimmigrants under section

14 101(a)(15)(H)(i)(b) under this subparagraph. In this sub15 section, the term ‘non-H–1B-dependent employer’ means an

16 employer that is not an H–1B-dependent employer.

17 ‘‘(F)(i) An employer who is an H–1B-dependent em18 ployer as defined in subparagraph (E) can nevertheless be

19 treated as a non-H–1B-dependent employer for five years

20 on a probationary status if—

21 ‘‘(I) the employer has demonstrated to the satis22 faction of the Secretary of Labor that it has developed

23 a reasonable plan for reducing its use of H–1B

24 nonimmigrants over a five-year period to the level of

25 a non-H–1B-dependent employer, and
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1 ‘‘(II) annual reviews of that plan by the Sec2 retary of Labor indicate successful implementation of

3 that plan.

4 If the employer has not met the requirements established

5 in this clause, the probationary status ends and the em6 ployer shall be treated as an H–1B-dependent employer

7 until such time as the employer can prove to the Secretary

8 of Labor that it no longer is an H–1B-dependent employer

9 as defined in subparagraph (E).

10 ‘‘(ii) The probationary program set out in clause (i)

11 shall be effective for no longer than five years after the date

12 of the enactment of this subparagraph.’’.

13 (2) LIMITING APPLICATION OF CERTAIN RE14 QUIREMENTS FOR NON-H–1B-DEPENDENT EMPLOY15 ERS.—Section 212(n) (8 U.S.C. 1182(n)), as amended

16 by subsection (a), is further amended by adding at

17 the end the following new paragraph:

18 ‘‘(6) In carrying out this subsection in the case of an

19 employer that is a non-H–1B-dependent employer—

20 ‘‘(A) the employer is not required to post a no21 tice at a worksite that was not listed on the applica22 tion under paragraph (1) if the worksite is within the

23 area of intended employment listed on such applica24 tion for such nonimmigrant; and
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1 ‘‘(B) if the employer has filed and had certified

2 an application under paragraph (1) with respect to

3 one or more H–1B nonimmigrants for one or more

4 areas of employment—

5 ‘‘(i) the employer is not required to file and

6 have certified an additional application under

7 paragraph (1) with respect to such a non8 immigrant for an area of employment not listed

9 in the previous application because the employer

10 has placed one or more such nonimmigrants in

11 such a nonlisted area so long as either (I) each

12 such nonimmigrant is not placed in such

13 nonlisted areas for a period exceeding 45 work14 days in any 12-month period and not to exceed

15 90 workdays in any 36-month period, or (II)

16 each such nonimmigrant’s principal place of em17 ployment has not changed to a nonlisted area,

18 and

19 ‘‘(ii) the employer is not required to pay

20 per diem and transportation costs at any speci21 fied rates for work performed in such a nonlisted

22 area.’’.

23 (3) LIMITATION ON AUTHORITY TO INITIATE

24 COMPLAINTS AND CONDUCT INVESTIGATIONS FOR NON-
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1 H–1B-DEPENDENT EMPLOYERS.—Section 212(n)(2)(A)

2 (8 U.S.C. 1182(n)(2)(A)) is amended—

3 (A) in the second sentence, by inserting be4 fore the period at the end the following: ‘‘, except

5 that the Secretary may only file such a com6 plaint in the case of an H–1B-dependent em7 ployer (as defined in subparagraph (E)) or when

8 conducting an annual review of a plan pursuant

9 to subparagraph (F)(i) if there appears to be a

10 violation of an attestation or a misrepresenta11 tion of a material fact in an application’’, and

12 (B) by inserting after the second sentence

13 the following new sentence: ‘‘No investigation or

14 hearing shall be conducted with respect to a non15 H–1B-dependent employer except in response to

16 a complaint filed under the previous sentence.’’.

17 (c) NO DISPLACEMENT OF AMERICAN WORKERS PER18 MITTED.—(1) Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is

19 amended by inserting after subparagraph (D) the following

20 new subparagraph:

21 ‘‘(E)(i) If the employer, within the period begin22 ning 6 months before and ending 90 days following

23 the date of filing of the application or during the 90

24 days immediately preceding and following the date of

25 filing of any visa petition supported by the applica-
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1 tion, has laid off or lays off any protected individual

2 with substantially equivalent qualifications and expe3 rience in the specific employment as to which the

4 nonimmigrant is sought or is employed, the employer

5 will pay a wage to the nonimmigrant that is at least

6 110 percent of the arithmetic mean of the last wage

7 earned by all such laid off individuals (or, if greater,

8 at least 110 percent of the arithmetic mean of the

9 highest wage earned by all such laid off individuals

10 within the most recent year if the employer reduced

11 the wage of any such laid off individual during such

12 year other than in accordance with a general com13 pany-wide reduction of wages for substantially all

14 employees).

15 ‘‘(ii) Except as provided in clause (iii), in the

16 case of an H–1B-dependent employer which employs

17 an H–1B nonimmigrant, the employer shall not place

18 the nonimmigrant with another employer where—

19 ‘‘(I) the nonimmigrant performs his or her

20 duties in whole or in part at one or more work21 sites owned, operated, or controlled by such other

22 employer, and

23 ‘‘(II) there are indicia of an employment

24 relationship between the nonimmigrant and such

25 other employer.
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1 ‘‘(iii) Clause (ii) shall not apply to an employ2 er’s placement of an H–1B nonimmigrant with an3 other employer if—

4 ‘‘(I) the other employer has executed an at5 testation that it, within the period beginning 6

6 months before and ending 90 days following the

7 date of filing of the application or during the 90

8 days immediately preceding and following the

9 date of filing of any visa petition supported by

10 the application, has not laid off and will not lay

11 off any protected individual with substantially

12 equivalent qualifications and experience in the

13 specific employment as to which the H–1B non14 immigrant is being sought or is employed, or

15 ‘‘(II) the employer pays a wage to the non16 immigrant that is at least 110 percent of the

17 arithmetic mean of the last wage earned by all

18 such laid off individuals (or, if greater, at least

19 110 percent of the arithmetic mean of the highest

20 wage earned by all such laid off individuals

21 within the most recent year if the other employer

22 reduced the wage of any such laid off individual

23 during such year other than in accordance with

24 a general company-wide reduction of wages for

25 substantially all employees).
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1 ‘‘(iv) For purposes of this subparagraph, the

2 term ‘laid off’, with respect to an individual—

3 ‘‘(I) refers to the individual’s loss of em4 ployment, other than a discharge for inadequate

5 performance, cause, voluntary departure, or re6 tirement, and

7 ‘‘(II) does not include any situation in

8 which the individual involved is offered, as an

9 alternative to such loss of employment, a similar

10 job opportunity with the same employer (or with

11 the H–1B-dependent employer described in

12 clause (ii)) carrying equivalent or higher com13 pensation and benefits as the position from

14 which the employee was laid off, regardless of

15 whether or not the employee accepts the offer.

16 ‘‘(v) For purposes of this subparagraph, the term

17 ‘protected individual’ means an individual who—

18 ‘‘(I) is a citizen or national of the United

19 States, or

20 ‘‘(II) is an alien who is lawfully admitted

21 for permanent residence, is granted the status of

22 an alien lawfully admitted for temporary resi23 dence under section 210(a), 210A(a), or

24 245(a)(1), is admitted as a refugee under section

25 207, or is granted asylum under section 208.’’.
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1 (2) Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as

2 amended by subsection (b)(1), is amended by adding at the

3 end the following new subparagraph:

4 ‘‘(G) Under regulations of the Secretary, the previous

5 provisions of this paragraph shall apply to complaints re6 specting a failure of an other employer to comply with an

7 attestation described in paragraph (1)(E)(iii)(I) in the

8 same manner that they apply to complaints with respect

9 to a failure to comply with a condition described in para10 graph (1)(E)(i).’’.

11 (3) Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is

12 amended by inserting ‘‘or (1)(E)’’ after ‘‘(1)(B)’’.

13 (d) INCREASED PENALTIES.—Section 212(n)(2) is

14 amended—

15 (1) in subparagraph (C)(i), by striking ‘‘$1,000’’

16 and inserting ‘‘$5,000’’;

17 (2) by amending subparagraph (C)(ii) to read as

18 follows:

19 ‘‘(ii) the Attorney General shall not approve pe20 titions filed with respect to that employer (or any em21 ployer who is a successor in interest) under section

22 204 or 214(c) for aliens to be employed by the em23 ployer—

24 ‘‘(I) during a period of at least 1 year in

25 the case of the first determination of a violation
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1 or any subsequent determination of a violation

2 occurring within 1 year of that first violation or

3 any subsequent determination of a nonwillful

4 violation occurring more than 1 year after the

5 first violation;

6 ‘‘(II) during a period of at least 5 years in

7 the case of a determination of a willful violation

8 occurring more than 1 year after the first viola9 tion; and

10 ‘‘(III) at any time in the case of a deter11 mination of a willful violation occurring more

12 than 5 years after a violation described in

13 subclause (II).’’; and

14 (3) in subparagraph (D), by adding at the end

15 the following: ‘‘If a penalty under subparagraph (C)

16 has been imposed in the case of a willful violation, the

17 Secretary shall impose on the employer a civil mone18 tary penalty in an amount equalling twice the

19 amount of backpay.’’.

20 (e) COMPUTATION OF PREVAILING WAGE LEVEL.—

21 Section 212(n) (8 U.S.C. 1182(n)), as amended by sub22 sections (a) and (b)(2), is further amended by adding at

23 the end the following new paragraph:

24 ‘‘(7) In computing the prevailing wage level for an oc25 cupational classification in an area of employment for pur-
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1 poses of paragraph (1)(A)(i)(II) and subsection (a)(5)(A)

2 in the case of an employee of (A) an institution of higher

3 education (as defined in section 1201(a) of the Higher Edu4 cation Act of 1965), or a related or affiliated nonprofit en5 tity, or (B) a nonprofit scientific research organization, the

6 prevailing wage level shall only take into account employees

7 at such institutions and entities in the area of employ8 ment.’’.

9 (f) CONFORMING AMENDMENTS.—Section 212(n) (8

10 U.S.C. 1182(n)) is further amended—

11 (1) in the matter in paragraph (1) before sub12 paragraph (A), by inserting ‘‘(in this subsection re13 ferred to as an ‘H–1B nonimmigrant’)’’ after

14 ‘‘101(a)(15)(H)(i)(b)’’; and

15 (2) in paragraph (1)(A), by striking ‘‘non16 immigrant described in section 101(a)(15)(H)(i)(b)’’

17 and inserting ‘‘H–1B nonimmigrant’’.

18 (g) EFFECTIVE DATES.—

19 (1) Except as otherwise provided in this sub20 section, the amendments made by this section shall

21 take effect on the date of the enactment of this Act

22 and shall apply to applications filed with the Sec23 retary of Labor on or after 30 days after the date of

24 the enactment of this Act.
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1 (2) The amendments made by subsection (b)(3)

2 shall apply to complaints filed, and to investigations

3 or hearings initiated, on or after January 19, 1995.

4 SEC. 807. VALIDITY OF PERIOD OF VISAS.

5 (a) EXTENSION OF VALIDITY OF IMMIGRANT VISAS TO

6 6 MONTHS.—Section 221(c) (8 U.S.C. 1201(c)) is amended

7 by striking ‘‘four months’’ and inserting ‘‘six months’’.

8 (b) AUTHORIZING APPLICATION OF RECIPROCITY

9 RULE FOR NONIMMIGRANT VISA IN CASE OF REFUGEES

10 AND PERMANENT RESIDENTS.—Such section is further

11 amended by inserting before the period at the end of the

12 third sentence the following: ‘‘; except that in the case of

13 aliens who are nationals of a foreign country and who ei14 ther are granted refugee status and firmly resettled in an15 other foreign country or are granted permanent residence

16 and residing in another foreign country, the Secretary of

17 State may prescribe the period of validity of such a visa

18 based upon the treatment granted by that other foreign

19 country to alien refugees and permanent residents, respec20 tively, in the United States’’.

21 SEC. 808. LIMITATION ON ADJUSTMENT OF STATUS OF IN22 DIVIDUALS NOT LAWFULLY PRESENT IN THE

23 UNITED STATES.

24 (a) IN GENERAL.—Section 245(i)(1) (8 U.S.C. 1255),

25 as added by section 506(b) of the Department of State and
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1 Related Agencies Appropriations Act, 1995 (Public Law

2 103–317, 108 Stat. 1765), is amended by striking all that

3 follows ‘‘equalling’’ through ‘‘application,’’ and inserting

4 ‘‘$2,500’’.

5 (b) ELIMINATION OF LIMITATION.—Section 212 (8

6 U.S.C. 1182) is amended by striking subsection (o).

7 (c) EFFECTIVE DATE.—The amendments made by this

8 section shall apply to applications for adjustment of status

9 filed after September 30, 1996.

10 SEC. 809. LIMITED ACCESS TO CERTAIN CONFIDENTIAL INS

11 FILES.

12 (a) LEGALIZATION PROGRAM.—Section 245A(c)(5) (8

13 U.S.C. 1255a(c)(5)) is amended—

14 (1) by redesignating subparagraphs (A) through

15 (C) as clauses (i) through (iii), respectively;

16 (2) by striking ‘‘Neither’’ and inserting ‘‘(A) Ex17 cept as provided in this paragraph, neither’’;

18 (3) by redesignating the last sentence as sub19 paragraph (D);

20 (4) by striking the semicolon and inserting a pe21 riod;

22 (5) by striking ‘‘except that the’’ and inserting

23 the following:

24 ‘‘(B) The’’;
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1 (6) by inserting after subparagraph (B), as cre2 ated by the amendment made by paragraph (5), the

3 following:

4 ‘‘(C) The Attorney General may authorize an ap5 plication to a Federal court of competent jurisdiction

6 for, and a judge of such court may grant, an order

7 authorizing disclosure of information contained in the

8 application of the alien under this section to be

9 used—

10 ‘‘(i) for identification of the alien when

11 there is reason to believe that the alien has been

12 killed or severely incapacitated; or

13 ‘‘(ii) for criminal law enforcement purposes

14 against the alien whose application is to be dis15 closed if the alleged criminal activity occurred

16 after the legalization application was filed and

17 such activity involves terrorist activity or poses

18 either an immediate risk to life or to national se19 curity, or would be prosecutable as an aggra20 vated felony, but without regard to the length of

21 sentence that could be imposed on the appli22 cant.’’; and

23 (7) by adding at the end the following new sub24 paragraph:
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1 ‘‘(E) Nothing in this paragraph shall preclude

2 the release for immigration enforcement purposes of

3 the following information contained in files or records

4 of the Service pertaining to the application:

5 ‘‘(i) The immigration status of the appli6 cant on any given date after the date of filing

7 the application (including whether the applicant

8 was authorized to work) but only for purposes of

9 a determination of whether the applicant is eli10 gible for relief from deportation or removal and

11 not otherwise.

12 ‘‘(ii) The date of the applicant’s adjustment

13 (if any) to the status of an alien lawfully admit14 ted for permanent residence.

15 ‘‘(iii) Information concerning whether the

16 applicant has been convicted of a crime occur17 ring after the date of filing the application.

18 ‘‘(iv) The date or disposition of the applica19 tion.’’.

20 (b) SPECIAL AGRICULTURAL WORKER PROGRAM.—

21 Section 210(b) of such Act (8 U.S.C. 1160(b)) is amended—

22 (1) in paragraph (5), by inserting ‘‘, except as

23 permitted under paragraph (6)(B)’’ after ‘‘consent of

24 the alien’’; and

25 (2) in paragraph (6)—
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1 (A) in subparagraph (A), by striking the

2 period at the end and inserting a comma,

3 (B) by redesignating subparagraphs (A)

4 through (C) as clauses (i) through (iii), respec5 tively,

6 (C) by striking ‘‘Neither’’ and inserting

7 ‘‘(A) Except as provided in subparagraph (B),

8 neither’’,

9 (D) by striking ‘‘Anyone’’ and inserting the

10 following:

11 ‘‘(C) Anyone’’,

12 (E) by inserting after the first sentence the

13 following:

14 ‘‘(B) The Attorney General may authorize an

15 application to a Federal court of competent jurisdic16 tion for, and a judge of such court may grant, an

17 order authorizing disclosure of information contained

18 in the application of the alien to be used—

19 ‘‘(i) for identification of the alien when

20 there is reason to believe that the alien has been

21 killed or severely incapacitated, or

22 ‘‘(ii) for criminal law enforcement purposes

23 against the alien whose application is to be dis24 closed if the alleged criminal activity occurred

25 after the special agricultural worker application
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1 was filed and such activity involves terrorist ac2 tivity or poses either an immediate risk to life

3 or to national security, or would be prosecutable

4 as an aggravated felony, but without regard to

5 the length of sentence that could be imposed on

6 the applicant.’’, and

7 (F) by adding at the end the following new

8 subparagraph:

9 ‘‘(D) Nothing in this paragraph shall preclude

10 the release for immigration enforcement purposes of

11 the following information contained in files or records

12 of the Service pertaining to the application:

13 ‘‘(i) The immigration status of the appli14 cant on any given date after the date of filing

15 the application (including whether the applicant

16 was authorized to work).

17 ‘‘(ii) The date of the applicant’s adjustment

18 (if any) to the status of an alien lawfully admit19 ted for permanent residence.

20 ‘‘(iii) Information concerning whether the

21 applicant has been convicted of a crime occur22 ring after the date of filing the application.

23 ‘‘(iv) The date or disposition of the applica24 tion.’’.
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1 SEC. 810. CHANGE OF NONIMMIGRANT CLASSIFICATION.

2 Section 248 (8 U.S.C. 1258) is amended by inserting

3 at the end the following:

4 ‘‘Any alien whose status is changed under this section may

5 apply to the Secretary of State for a visa without having

6 to leave the United States and apply at the visa office.’’.

7 Subtitle B—Other Provisions

8 SEC. 831. COMMISSION REPORT ON FRAUD ASSOCIATED

9 WITH BIRTH CERTIFICATES.

10 Section 141 of the Immigration Act of 1990 is amend11 ed—

12 (1) in subsection (b)—

13 (A) by striking ‘‘and’’ at the end of para14 graph (1),

15 (B) by striking the period at the end of

16 paragraph (2) and inserting ‘‘; and’’, and

17 (C) by adding at the end the following new

18 paragraph:

19 ‘‘(3) transmit to Congress, not later than Janu20 ary 1, 1997, a report containing recommendations

21 (consistent with subsection (c)(3)) of methods of re22 ducing or eliminating the fraudulent use of birth cer23 tificates for the purpose of obtaining other identity

24 documents that may be used in securing immigration,

25 employment, or other benefits.’’; and
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1 (2) by adding at the end of subsection (c), the

2 following new paragraph:

3 ‘‘(3) FOR REPORT ON REDUCING BIRTH CERTIFI4 CATE FRAUD.—In the report described in subsection

5 (b)(3), the Commission shall consider and analyze the

6 feasibility of—

7 ‘‘(A) establishing national standards for

8 counterfeit-resistant birth certificates, and

9 ‘‘(B) limiting the issuance of official copies

10 of a birth certificate of an individual to anyone

11 other than the individual or others acting on be12 half of the individual.’’.

13 SEC. 832. UNIFORM VITAL STATISTICS.

14 (a) PILOT PROGRAM.—The Secretary of Health and

15 Human Services shall consult with the State agency respon16 sible for registration and certification of births and deaths

17 and, within 2 years of the date of enactment of this Act,

18 shall establish a pilot program for 3 of the 5 States with

19 the largest number of undocumented aliens of an electronic

20 network linking the vital statistics records of such States.

21 The network shall provide, where practical, for the match22 ing of deaths with births and shall enable the confirmation

23 of births and deaths of citizens of such States, or of aliens

24 within such States, by any Federal or State agency or offi25 cial in the performance of official duties. The Secretary and
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1 participating State agencies shall institute measures to

2 achieve uniform and accurate reporting of vital statistics

3 into the pilot program network, to protect the integrity of

4 the registration and certification process, and to prevent

5 fraud against the Government and other persons through

6 the use of false birth or death certificates.

7 (b) REPORT.—Not later than 180 days after the estab8 lishment of the pilot program under subsection (a), the Sec9 retary shall issue a written report to Congress with rec10 ommendations on how the pilot program could effectively

11 be instituted as a national network for the United States.

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

13 authorized to be appropriated for fiscal year 1996 and for

14 subsequent fiscal years such sums as may be necessary to

15 carry out this section.

16 SEC. 833. COMMUNICATION BETWEEN STATE AND LOCAL

17 GOVERNMENT AGENCIES, AND THE IMMIGRA18 TION AND NATURALIZATION SERVICE.

19 Notwithstanding any other provision of Federal, State,

20 or local law, no State or local government entity shall pro21 hibit, or in any way restrict, any government entity or any

22 official within its jurisdiction from sending to or receiving

23 from the Immigration and Naturalization Service informa24 tion regarding the immigration status, lawful or unlawful,

25 of an alien in the United States. Notwithstanding any other
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1 provision of Federal, State, or local law (and excepting the

2 attorney-client privilege), no State or local government en3 tity may be prohibited, or in any way restricted, from send4 ing to or receiving from the Immigration and Naturaliza5 tion Service information regarding the immigration status,

6 lawful or unlawful, of an alien in the United States.

7 SEC. 834. CRIMINAL ALIEN REIMBURSEMENT COSTS.

8 Amounts appropriated to carry out section 501 of the

9 Immigration and Reform Act of 1986 for fiscal year 1995

10 shall be available to carry out section 242(j) of the Immi11 gration and Nationality Act in that fiscal year with respect

12 to undocumented criminal aliens incarcerated under the

13 authority of political subdivisions of a State.

14 SEC. 835. FEMALE GENITAL MUTILATION.

15 (a) INFORMATION REGARDING FEMALE GENITAL MU16 TILATION.—The Immigration and Naturalization Service

17 (in cooperation with the Department of State) shall make

18 available for all aliens who are issued immigrant or non19 immigrant visas, prior to or at the time of entry into the

20 United States, the following information:

21 (1) Information on the severe harm to physical

22 and psychological health caused by female genital mu23 tilation which is compiled and presented in a manner

24 which is limited to the practice itself and respectful
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1 to the cultural values of the societies in which such

2 practice takes place.

3 (2) Information concerning potential legal con4 sequences in the United States for (A) performing fe5 male genital mutilation, or (B) allowing a child

6 under his or her care to be subjected to female genital

7 mutilation, under criminal or child protection stat8 utes or as a form of child abuse.

9 (b) LIMITATION.—In consultation with the Secretary

10 of State, the Commissioner of Immigration and Naturaliza11 tion shall identify those countries in which female genital

12 mutilation is commonly practiced and, to the extent prac13 ticable, limit the provision of information under subsection

14 (a) to aliens from such countries.

15 (c) DEFINITION.—For purposes of this section, the

16 term ‘‘female genital mutilation’’ means the removal or

17 infibulation (or both) of the whole or part of the clitoris,

18 the labia minora, or labia majora.

19 SEC. 836. DESIGNATION OF PORTUGAL AS A VISA WAIVER

20 PILOT PROGRAM COUNTRY WITH PROBATION21 ARY STATUS.

22 Notwithstanding any other provision of law, Portugal

23 is designated as a visa waiver pilot program country with

24 probationary status under section 217(g) of the Immigra-
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1 tion and Nationality Act for each of the fiscal years 1996,

2 1997, and 1998.

3 Subtitle C—Technical Corrections

4 SEC. 851. MISCELLANEOUS TECHNICAL CORRECTIONS.

5 (a) AMENDMENTS RELATING TO PUBLIC LAW 103–322

6 (VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT

7 OF 1994).—

8 (1) Section 60024(1)(F) of the Violent Crime

9 Control and Law Enforcement Act of 1994 (Public

10 Law 103–322) (in this subsection referred to as

11 ‘‘VCCLEA’’) is amended by inserting ‘‘United States

12 Code,’’ after ‘‘title 18,’’.

13 (2) Section 130003(b)(3) of VCCLEA is amended

14 by striking ‘‘Naturalization’’ and inserting ‘‘Nation15 ality’’.

16 (3)(A) Section 214 (8 U.S.C. 1184) is amended

17 by redesignating the subsection (j), added by section

18 130003(b)(2) of VCCLEA (108 Stat. 2025), and the

19 subsection (k), added by section 220(b) of the Immi20 gration and Nationality Technical Amendments Act

21 of 1994 (Public Law 103–416, 108 Stat. 4319), as

22 subsections (k) and (l), respectively.

23 (B) Section 101(a)(15)(S) (8 U.S.C.

24 1101(a)(15)(S)) is amended by striking ‘‘214(j)’’ and

25 inserting ‘‘214(k)’’.
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1 (4)(A) Section 245 (8 U.S.C. 1255) is amended

2 by redesignating the subsection (i) added by section

3 130003(c)(1) of VCCLEA as subsection (j).

4 (B) Section 241(a)(2)(A)(i)(I) (8 U.S.C.

5 1251(a)(2)(A)(i)(I)), as amended by section

6 130003(d) of VCCLEA and before redesignation by

7 section 305(a)(2), is amended by striking ‘‘245(i)’’

8 and inserting ‘‘245(j)’’.

9 (5) Section 245(j)(3), as added by section

10 130003(c)(1) of VCCLEA and as redesignated by

11 paragraph (4)(A), is amended by striking ‘‘para12 graphs (1) or (2)’’ and inserting ‘‘paragraph (1) or

13 (2)’’.

14 (6) Section 130007(a) of VCCLEA is amended

15 by striking ‘‘242A(d)’’ and inserting ‘‘242A(a)(3)’’.

16 (7) The amendments made by this subsection

17 shall be effective as if included in the enactment of the

18 VCCLEA.

19 (b) AMENDMENTS RELATING TO IMMIGRATION AND

20 NATIONALITY TECHNICAL CORRECTIONS ACT OF 1994.—

21 (1) Section 101(d) of the Immigration and Na22 tionality Technical Corrections Act of 1994 (Public

23 Law 103–416) (in this subsection referred to as

24 ‘‘INTCA’’) is amended—
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1 (A) by striking ‘‘APPLICATION’’ and all that

2 follows through ‘‘This’’ and inserting ‘‘APPLICA3 BILITY OF TRANSMISSION REQUIREMENTS.—

4 This’’;

5 (B) by striking ‘‘any residency or other re6 tention requirements for’’ and inserting ‘‘the ap7 plication of any provision of law relating to resi8 dence or physical presence in the United States

9 for purposes of transmitting United States’’; and

10 (C) by striking ‘‘as in effect’’ and all that

11 follows through the end and inserting ‘‘to any

12 person whose claim is based on the amendment

13 made by subsection (a) or through whom such a

14 claim is derived.’’.

15 (2) Section 102 of INTCA is amended by adding

16 at the end the following new subsection:

17 ‘‘(e) TRANSITION.—In applying the amendment made

18 by subsection (a) to children born before November 14, 1986,

19 any reference in the matter inserted by such amendment

20 to ‘five years, at least two of which’ is deemed a reference

21 to ‘10 years, at least 5 of which’.’’.

22 (3) Section 351(a) (8 U.S.C. 1483(a)), as

23 amended by section 105(a)(2)(A) of INTCA, is

24 amended by striking the comma after ‘‘nationality’’.
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1 (4) Section 207(2) of INTCA is amended by in2 serting a comma after ‘‘specified’’.

3 (5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is

4 amended—

5 (A) in subparagraph (K)(ii), by striking the

6 comma after ‘‘1588’’, and

7 (B) in subparagraph (O), by striking ‘‘sus8 picion’’ and inserting ‘‘suspension’’.

9 (6) Section 273(b) (8 U.S.C. 1323(b)), as amend10 ed by section 209(a) of INTCA, is amended by strik11 ing ‘‘remain’’ and inserting ‘‘remains’’.

12 (7) Section 209(a)(1) of INTCA is amended by

13 striking ‘‘$3000’’ and inserting ‘‘$3,000’’.

14 (8) Section 209(b) of INTCA is amended by

15 striking ‘‘subsection’’ and inserting ‘‘section’’.

16 (9) Section 217(f) (8 U.S.C. 1187(f)), as amend17 ed by section 210 of INTCA, is amended by adding

18 a period at the end.

19 (10) Section 219(cc) of INTCA is amended by

20 striking ‘‘ ‘year 1993 the first place it appears’ ’’ and

21 inserting ‘‘ ‘year 1993’ the first place it appears’’.

22 (11) Section 219(ee) of INTCA is amended by

23 adding at the end the following new paragraph:

24 ‘‘(3) The amendments made by this subsection shall

25 take effect on the date of the enactment of this Act.’’.
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1 (12) Paragraphs (4) and (6) of section 286(r) (8

2 U.S.C. 1356(r)) are amended by inserting ‘‘the’’ be3 fore ‘‘Fund’’ each place it appears.

4 (13) Section 221 of INTCA is amended—

5 (A) by striking each semicolon and insert6 ing a comma,

7 (B) by striking ‘‘disasters.’’ and inserting

8 ‘‘disasters,’’, and

9 (C) by striking ‘‘The official’’ and inserting

10 ‘‘the official’’.

11 (14) Section 242A (8 U.S.C. 1252a), as added by

12 section 224(a) of INTCA and before redesignation as

13 section 238 by section 308(b)(5), is amended by redes14 ignating subsection (d) as subsection (c).

15 (15) Section 225 of INTCA is amended—

16 (A) by striking ‘‘section 242(i)’’ and insert17 ing ‘‘sections 242(i) and 242A’’, and

18 (B) by inserting ‘‘, 1252a’’ after ‘‘1252(i)’’.

19 (16) Except as otherwise provided in this sub20 section, the amendments made by this subsection shall

21 take effect as if included in the enactment of INTCA.

22 (c) STRIKING REFERENCES TO SECTION 210A.—

23 (1)(A) Section 201(b)(1)(C) (8 U.S.C.

24 1151(b)(1)(C)) and section 274B(a)(3)(B) (8 U.S.C.
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1 1324b(a)(3)(B)) are each amended by striking ‘‘,

2 210A,’’.

3 (B) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), be4 fore redesignation by section 305(a)(2), is amended by

5 striking subparagraph (F).

6 (2) Sections 204(c)(1)(D)(i) and 204(j)(4) of Im7 migration Reform and Control Act of 1986 are each

8 amended by striking ‘‘, 210A,’’.

9 (d) MISCELLANEOUS CHANGES IN THE IMMIGRATION

10 AND NATIONALITY ACT.—

11 (1) Before being amended by section 308(a), the

12 item in the table of contents relating to section 242A

13 is amended to read as follows:

‘‘Sec. 242A. Expedited deportation of aliens convicted of committing aggravated

felonies.’’.

14 (2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is

15 amended by striking ‘‘, 321, and 322’’ and inserting

16 ‘‘and 321’’.

17 (3) Pursuant to section 6(b) of Public Law 103–

18 272 (108 Stat. 1378)—

19 (A) section 214(f)(1) (8 U.S.C. 1184(f)(1))

20 is amended by striking ‘‘section 101(3) of the

21 Federal Aviation Act of 1958’’ and inserting

22 ‘‘section 40102(a)(2) of title 49, United States

23 Code’’; and
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1 (B) section 258(b)(2) (8 U.S.C. 1288(b)(2))

2 is amended by striking ‘‘section 105 or 106 of the

3 Hazardous Materials Transportation Act (49

4 U.S.C. App. 1804, 1805)’’ and inserting ‘‘section

5 5103(b), 5104, 5106, 5107, or 5110 of title 49,

6 United States Code’’.

7 (4) Section 286(h)(1)(A) (8 U.S.C.

8 1356(h)(1)(A)) is amended by inserting a period after

9 ‘‘expended’’.

10 (5) Section 286(h)(2)(A) (8 U.S.C.

11 1356(h)(2)(A)) is amended—

12 (A) by striking ‘‘and’’ at the end of clause

13 (iv),

14 (B) by moving clauses (v) and (vi) 2 ems

15 to the left,

16 (C) by striking ‘‘; and’’ in clauses (v) and

17 (vi) and inserting ‘‘and for’’,

18 (D) by striking the colons in clauses (v) and

19 (vi), and

20 (E) by striking the period at the end of

21 clause (v) and inserting ‘‘; and’’.

22 (6) Section 412(b) (8 U.S.C. 1522(b)) is amend23 ed by striking the comma after ‘‘is authorized’’ in

24 paragraph (3) and after ‘‘The Secretary’’ in para25 graph (4).
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1 (e) MISCELLANEOUS CHANGE IN THE IMMIGRATION

2 ACT OF 1990.—Section 161(c)(3) of the Immigration Act

3 of 1990 is amended by striking ‘‘an an’’ and inserting ‘‘of

4 an’’.

5 (f) MISCELLANEOUS CHANGES IN OTHER ACTS.—

6 (1) Section 506(a) of the Intelligence Authoriza7 tion Act, Fiscal Year 1990 (Public Law 101–193) is

8 amended by striking ‘‘this section’’ and inserting

9 ‘‘such section’’.

10 (2) Section 140 of the Foreign Relations Author11 ization Act, Fiscal Years 1994 and 1995, as amended

12 by section 505(2) of Public Law 103–317, is amend13 ed—

14 (A) by moving the indentation of sub15 sections (f) and (g) 2 ems to the left, and

16 (B) in subsection (g), by striking ‘‘(g)’’ and

17 all that follows through ‘‘shall’’ and inserting

18 ‘‘(g) Subsections (d) and (e) shall’’.

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