I

104TH CONGRESS

1ST SESSION H. R. 2202

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.

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.
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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

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
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1 section or other provision, the reference shall be con2 sidered to be made to that section or provision in the

3 Immigration and Nationality Act, and

4 (2) amendments to a section or other provision

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

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

7 amendment made to such section or other provision

8 elsewhere in this Act.

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

10 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.
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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.

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.
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‘‘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.

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.
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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. 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
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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

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

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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

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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
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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 C

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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 C

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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 C

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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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Title I, Subtitle C

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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
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Title I, Subtitle C

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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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Title II, Subtitle A

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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
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Title II, Subtitle A

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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
22

Title II, Subtitle A

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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.’’.
23

Title II, Subtitle A

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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
24

Title II, Subtitle A

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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:
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Title II, Subtitle A

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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);
26

Title II, Subtitle A

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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.
27

Title II, Subtitle A

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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.’’.
28

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
29

Title II, Subtitle B

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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
30

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
31

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.
32

Title II, Subtitle B

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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.
33

Title II, Subtitle B

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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.
34

Title II, Subtitle B

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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
35

Title II, Subtitle C

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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-
36

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-
37

Title III, Subtitle A

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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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Title III, Subtitle A

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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.
39

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
40

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
41

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-
42

Title III, Subtitle A

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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-
43

Title III, Subtitle A

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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-
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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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Title III, Subtitle A

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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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Title III, Subtitle A

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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.
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‘‘Sec. 241. Detention and removal of aliens ordered removed.

‘‘Sec. 242. Judicial review of orders of removal.

‘‘Sec. 243. Penalties relating to removal.

‘‘Sec. 244. Temporary protected status.

‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.

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
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1 (C) by moving such provision to the end of

2 section 232.

3 (4) REDESIGNATING SECTION 238 AS SECTION

4 233.—Redesignate section 238 (8 U.S.C. 1228) as

5 section 233 and move the section to immediately fol6 low section 232.

7 (5) REDESIGNATING SECTION 240 AS SECTION

8 234A.—Redesignate section 240 (8 U.S.C. 1230) as

9 section 234A and move the section to immediately

10 follow section 233.

11 (6) REDESIGNATING SECTION 242A AS SECTION

12 238.—Redesignate section 242A as section 238,

13 strike ‘‘DEPORTATION’’ in its heading and insert

14 ‘‘REMOVAL’’, and move the section to immediately

15 follow section 237 (as redesignated by section

16 305(2)).

17 (7) STRIKING SECTION 242B.—Strike section

18 242B (8 U.S.C. 1252b).

19 (8) REDESIGNATING SECTION 244A AS SECTION

20 244.—Strike section 244 and redesignate section

21 244A as section 244.

22 (9) AMENDING CHAPTER HEADING.—Amend

23 the heading for chapter 5 of title II to read as fol24 lows:
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1 ‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.

2 (c) ADDITIONAL CONFORMING AMENDMENTS.—

3 (1) EXPEDITED PROCEDURES FOR AGGRA4 VATED FELONS (FORMER SECTION 242A).—Section

5 238 (which, previous to redesignation under section

6 308(b)(6), was section 242A) is amended—

7 (A) in subsection (a)(1), by striking ‘‘sec8 tion 242’’ and inserting ‘‘section 240’’;

9 (B) in subsection (a)(2), by striking ‘‘sec10 tion 242(a)(2)’’ and inserting ‘‘section 236(b)’’;

11 and

12 (C) in subsection (b)(1), by striking ‘‘sec13 tion 241(a)(2)(A)(iii)’’ and inserting ‘‘section

14 237(a)(2)(A)(iii)’’.

15 (2) TREATMENT OF CERTAIN HELPLESS

16 ALIENS.—

17 (A) CERTIFICATION OF HELPLESS

18 ALIENS.—Section 232, as amended by section

19 308(b), is further amended by adding at the

20 end the following new subsection:

21 ‘‘(c) CERTIFICATION OF CERTAIN HELPLESS

22 ALIENS.—If an examining medical officer determines that

23 an alien arriving in the United States is inadmissible, is

24 helpless from sickness or mental and physical disability,

25 or infancy, and is accompanied by another alien whose
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1 protection or guardianship may be required, the officer

2 may certify such fact for purposes of applying section

3 212(a)(9)(B) with respect to the other alien.’’.

4 (B) GROUND OF INADMISSIBILITY FOR

5 PROTECTION AND GUARDIANSHIP OF ALIENS

6 DENIED ADMISSION FOR HEALTH OR IN7 FANCY.—Subparagraph (B) of section

8 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended to

9 read as follows:

10 ‘‘(B) GUARDIAN REQUIRED TO ACCOMPANY

11 HELPLESS ALIEN.—Any alien—

12 ‘‘(i) who is accompanying another

13 alien who is inadmissible and who is cer14 tified to be helpless from sickness or men15 tal or physical disability or infancy pursu16 ant to section 232(c), and

17 ‘‘(ii) whose protection or guardianship

18 is determined to be required by the alien

19 described in clause (i),

20 is inadmissible.’’.

21 (3) CONTINGENT CONSIDERATION IN RELATION

22 TO REMOVAL OF ALIENS.—Section 273(a) (8 U.S.C.

23 1323(a)) is amended—

24 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’, and
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1 (B) by adding at the end the following new

2 paragraph:

3 ‘‘(2) It is unlawful for an owner, agent, master, com4 manding officer, person in charge, purser, or consignee of

5 a vessel or aircraft who is bringing an alien (except an

6 alien crewmember) to the United States to take any con7 sideration to be kept or returned contingent on whether

8 an alien is admitted to, or ordered removed from, the

9 United States.’’.

10 (4) CLARIFICATION.—(A) Section 238(a)(1),

11 which, previous to redesignation under section

12 308(b)(6), was section 242A(a)(1), is amended by

13 adding at the end the following: ‘‘Nothing in this

14 section shall be construed to create any substantive

15 or procedural right or benefit that is legally enforce16 able by any party against the United States or its

17 agencies or officers or any other person.’’.

18 (B) Section 225 of the Immigration and Na19 tionality Technical Corrections Act of 1994 (Public

20 Law 103–416), as amended by section 815(b), is

21 amended by striking ‘‘and nothing in’’ and all that

22 follows up to ‘‘shall’’.

23 (d) ADDITIONAL CONFORMING AMENDMENTS RE24 LATING TO EXCLUSION AND INADMISSIBILITY.—
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1 (1) SECTION 212.—Section 212 (8 U.S.C.

2 1182(a)) is amended—

3 (A) in the heading, by striking ‘‘EX4 CLUDED FROM’’ and inserting ‘‘INELIGIBLE

5 FOR’’;

6 (B) in the matter in subsection (a) before

7 paragraph (1), by striking all that follows ‘‘(a)’’

8 and inserting the following: ‘‘CLASSES OF

9 ALIENS INELIGIBLE FOR VISAS OR ADMIS10 SION.—Except as otherwise provided in this

11 Act, aliens who are inadmissible under the fol12 lowing paragraphs are ineligible to receive visas

13 and ineligible to be admitted to the United

14 States:’’;

15 (C) in subsection (a), by striking ‘‘is ex16 cludable’’ and inserting ‘‘is inadmissible’’ each

17 place it appears;

18 (D) in subsections (a)(5)(C), (d)(1), (k),

19 by striking ‘‘exclusion’’ and inserting ‘‘inadmis20 sibility’’;

21 (E) in subsections (b), (d)(3), (h)(1)(A)(i),

22 and (k), by striking ‘‘excludable’’ each place it

23 appears and inserting ‘‘inadmissible’’;

24 (F) in subsection (b)(2), by striking ‘‘and

25 ineligible for entry’’;
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1 (G) in subsection (d)(7), by striking ‘‘ex2 cluded from’’ and inserting ‘‘denied’’; and

3 (H) in subsection (h)(1)(B), by striking

4 ‘‘exclusion’’ and inserting ‘‘denial of admis5 sion’’.

6 (2) SECTION 241.—Section 241 (8 U.S.C.

7 1251), before redesignation as section 237 by section

8 305(2), is amended—

9 (A) in subsection (a)(1)(H), by striking

10 ‘‘excludable’’ and inserting ‘‘inadmissible’’;

11 (B) in subsection (a)(4)(C)(ii), by striking

12 ‘‘excludability’’ and inserting ‘‘inadmissibility’’;

13 and

14 (C) in subsections (c) and (h), by striking

15 ‘‘exclusion’’ and inserting ‘‘inadmissibility’’.

16 (3) OTHER GENERAL REFERENCES.—The fol17 lowing provisions are amended by striking ‘‘exclud18 ability’’ and ‘‘excludable’’ each place each appears

19 and inserting ‘‘inadmissibility’’ and ‘‘inadmissible’’,

20 respectively:

21 (A) Sections 101(f)(3), 213, 234,

22 241(a)(1) (before redesignation by section

23 305(2)), 272(a), 277, 286(h)(2)(A)(v), and

24 286(h)(2)(A)(vi) and the last sentence of sec25 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 SEC. 309. EFFECTIVE DATES; TRANSITION.

7 (a) IN GENERAL.—Except as provided in this section,

8 this subtitle and the amendments made by this subtitle

9 shall take effect on the first day of the first month begin10 ning more than 180 days after the date of the enactment

11 of this Act (in this title referred to as the ‘‘title III–A

12 effective date’’).

13 (b) PROMULGATION OF REGULATIONS.—The Attor14 ney General shall first promulgate regulations to carry out

15 this subtitle by not later than 1 month before the title

16 III–A effective date.

17 (c) TRANSITION FOR ALIENS IN PROCEEDINGS.—

18 (1) GENERAL RULE THAT NEW RULES DO NOT

19 APPLY.—Subject to the succeeding provisions of this

20 subsection, in the case of an alien who is in exclu21 sion or deportation proceedings as of the title III–

22 A effective date—

23 (A) the amendments made by this subtitle

24 shall not apply, and
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1 (B) the proceedings (including judicial re2 view thereof) shall continue to be conducted

3 without regard to such amendments.

4 (2) ATTORNEY GENERAL OPTION TO ELECT TO

5 APPLY NEW PROCEDURES.—In a case described in

6 paragraph (1) in which an evidentiary hearing under

7 section 236 or 242 and 242B of the Immigration

8 and Nationality Act has not commenced as of the

9 title III–A effective date, the Attorney General may

10 elect to proceed under chapter 4 of title II of such

11 Act (as amended by this subtitle). The Attorney

12 General shall provide notice of such election to the

13 alien involved not later than 30 days before the date

14 any evidentiary hearing is commenced. If the Attor15 ney General makes such election, the notice of hear16 ing provided to the alien under section 235 or

17 242(a) of such Act shall be valid as if provided

18 under section 239 of such Act (as amended by this

19 subtitle) to confer jurisdiction on the immigration

20 judge.

21 (3) ATTORNEY GENERAL OPTION TO TERMI22 NATE AND REINITIATE PROCEEDINGS.—In the case

23 described in paragraph (1), the Attorney General

24 may elect to terminate proceedings in which there

25 has not been a final administrative decision and to
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1 reinitiate proceedings under chapter 4 of title II the

2 Immigration and Nationality Act (as amended by

3 this subtitle). Any determination in the terminated

4 proceeding shall not be binding in the reinitiated

5 proceeding.

6 (4) TRANSITIONAL CHANGES IN JUDICIAL RE7 VIEW.—In the case described in paragraph (1) in

8 which a final order of exclusion or deportation is en9 tered more than 30 days after the date of the enact10 ment of this Act, notwithstanding any provision of

11 section 106 of the Immigration and Nationality Act

12 (as in effect as of the date of the enactment of this

13 Act) to the contrary—

14 (A) in the case of judicial review of a final

15 order of exclusion, subsection (b) of such sec16 tion shall not apply and the action for judicial

17 review shall be governed by the provisions of

18 subsections (a) and (c) of such in the same

19 manner as they apply to judicial review of or20 ders of deportation;

21 (B) a court may not order the taking of

22 additional evidence under section 2347(c) of

23 title 28, United States Code;
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1 (C) the petition for judicial review must be

2 filed not later than 30 days after the date of

3 the final order of exclusion or deportation; and

4 (D) the petition for review shall be filed

5 with the court of appeals for the judicial circuit

6 in which the administrative proceedings before

7 the special inquiry officer or immigration judge

8 were completed.

9 (5) TRANSITIONAL RULE WITH REGARD TO

10 SUSPENSION OF DEPORTATION.—In applying section

11 244(a) of the Immigration and Nationality Act (as

12 in effect before the date of the enactment of this

13 Act) with respect to an application for suspension of

14 deportation which is filed before, on, or after the

15 date of the enactment of this Act and which has not

16 been adjudicated as of 30 days after the date of the

17 enactment of this Act, the period of continuous

18 physical presence under such section shall be deemed

19 to have ended on the date the alien was served an

20 order to show cause pursuant to section 242A of

21 such Act (as in effect before such date of enact22 ment).

23 (6) TRANSITION FOR CERTAIN FAMILY UNITY

24 ALIENS.—The Attorney General may waive the ap25 plication of section 212(a)(9) of the Immigration
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1 and Nationality Act, as inserted by section 301(b) of

2 this subtitle, in the case of an alien who is provided

3 benefits under the provisions of section 301 of the

4 Immigration Act of 1990 (relating to family unity).

5 (d) TRANSITIONAL REFERENCES.—For purposes of

6 carrying out the Immigration and Nationality Act, as

7 amended by this subtitle—

8 (1) any reference in section 212(a)(1)(A) of

9 such Act to the term ‘‘inadmissible’’ is deemed to in10 clude a reference to the term ‘‘excludable’’, and

11 (2) any reference in law to an order of removal

12 shall be deemed to include a reference to an order

13 of exclusion and deportation or an order of deporta14 tion.

15 (e) TRANSITION.—No period of time before the date

16 of the enactment of this Act shall be included in the period

17 of 1 year described in section 212(a)(6)(B)(i) of the Immi18 gration and Nationality Act (as amended by section

19 301(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).
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1 ‘‘(2) The term ‘classified information’ has the

2 meaning given such term in section 1(a) of the Clas3 sified Information Procedures Act (18 U.S.C. App.).

4 ‘‘(3) The term ‘national security’ has the mean5 ing given such term in section 1(b) of the Classified

6 Information Procedures Act (18 U.S.C. App.).

7 ‘‘(4) The term ‘special attorney’ means an at8 torney who is on the panel established under section

9 502(e).

10 ‘‘(5) The term ‘special removal court’ means

11 the court established under section 502(a).

12 ‘‘(6) The term ‘special removal hearing’ means

13 a hearing under section 505.

14 ‘‘(7) The term ‘special removal proceeding’

15 means a proceeding under this title.

16 ‘‘ESTABLISHMENT OF SPECIAL REMOVAL COURT; PANEL

17 OF ATTORNEYS TO ASSIST WITH CLASSIFIED INFOR18 MATION

19 ‘‘SEC. 502. (a) IN GENERAL.—The Chief Justice of

20 the United States shall publicly designate 5 district court

21 judges from 5 of the United States judicial circuits who

22 shall constitute a court which shall have jurisdiction to

23 conduct all special removal proceedings.

24 ‘‘(b) TERMS.—Each judge designated under sub25 section (a) shall serve for a term of 5 years and shall be

26 eligible for redesignation, except that the four associate
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1 judges first so designated shall be designated for terms

2 of one, two, three, and four years so that the term of one

3 judge shall expire each year.

4 ‘‘(c) CHIEF JUDGE.—The Chief Justice shall publicly

5 designate one of the judges of the special removal court

6 to be the chief judge of the court. The chief judge shall

7 promulgate rules to facilitate the functioning of the court

8 and shall be responsible for assigning the consideration

9 of cases to the various judges.

10 ‘‘(d) EXPEDITIOUS AND CONFIDENTIAL NATURE OF

11 PROCEEDINGS.—The provisions of section 103(c) of the

12 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

13 1803(c)) shall apply to proceedings under this title in the

14 same manner as they apply to proceedings under such Act.

15 ‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL AT16 TORNEYS.—The special removal court shall provide for the

17 designation of a panel of attorneys each of whom—

18 ‘‘(1) has a security clearance which affords the

19 attorney access to classified information, and

20 ‘‘(2) has agreed to represent permanent resi21 dent aliens with respect to classified information

22 under section 506 in accordance with (and subject to

23 the penalties under) this title.
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1 ‘‘APPLICATION FOR INITIATION OF SPECIAL REMOVAL

2 PROCEEDING

3 ‘‘SEC. 503. (a) IN GENERAL.—Whenever the Attor4 ney General has classified information that an alien is an

5 alien terrorist, the Attorney General, in the Attorney Gen6 eral’s discretion, may seek removal of the alien under this

7 title through the filing of a written application described

8 in subsection (b) with the special removal court seeking

9 an order authorizing a special removal proceeding under

10 this title. The application shall be submitted in camera

11 and ex parte and shall be filed under seal with the court.

12 ‘‘(b) CONTENTS OF APPLICATION.—Each application

13 for a special removal proceeding shall include all of the

14 following:

15 ‘‘(1) The identity of the Department of Justice

16 attorney making the application.

17 ‘‘(2) The approval of the Attorney General or

18 the Deputy Attorney General for the filing of the ap19 plication based upon a finding by that individual

20 that the application satisfies the criteria and re21 quirements of this title.

22 ‘‘(3) The identity of the alien for whom author23 ization for the special removal proceedings is sought.
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1 ‘‘(4) A statement of the facts and cir2 cumstances relied on by the Department of Justice

3 to establish that—

4 ‘‘(A) the alien is an alien terrorist and is

5 physically present in the United States, and

6 ‘‘(B) with respect to such alien, adherence

7 to the provisions of title II regarding the re8 moval of aliens would pose a risk to the na9 tional security of the United States.

10 ‘‘(5) An oath or affirmation respecting each of

11 the facts and statements described in the previous

12 paragraphs.

13 ‘‘(c) RIGHT TO DISMISS.—The Department of Jus14 tice retains the right to dismiss a removal action under

15 this title at any stage of the proceeding.

16 ‘‘CONSIDERATION OF APPLICATION

17 ‘‘SEC. 504. (a) IN GENERAL.—In the case of an ap18 plication under section 503 to the special removal court,

19 a single judge of the court shall be assigned to consider

20 the application. The judge, in accordance with the rules

21 of the court, shall consider the application and may con22 sider other information, including classified information,

23 presented under oath or affirmation. The judge shall con24 sider the application (and any hearing thereof) in camera

25 and ex parte. A verbatim record shall be maintained of

26 any such hearing.
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1 ‘‘(b) APPROVAL OF ORDER.—The judge shall enter

2 ex parte the order requested in the application if the judge

3 finds, on the basis of such application and such other in4 formation (if any), that there is probable cause to believe

5 that—

6 ‘‘(1) the alien who is the subject of the applica7 tion has been correctly identified and is an alien ter8 rorist, and

9 ‘‘(2) adherence to the provisions of title II re10 garding the removal of the identified alien would

11 pose a risk to the national security of the United

12 States.

13 ‘‘(c) DENIAL OF ORDER.—If the judge denies the

14 order requested in the application, the judge shall prepare

15 a written statement of the judge’s reasons for the denial.

16 ‘‘(d) EXCLUSIVE PROVISIONS.—Whenever an order is

17 issued under this section with respect to an alien—

18 ‘‘(1) the alien’s rights regarding removal and

19 expulsion shall be governed solely by the provisions

20 of this title, and

21 ‘‘(2) except as they are specifically referenced,

22 no other provisions of this Act shall be applicable.

23 ‘‘SPECIAL REMOVAL HEARINGS

24 ‘‘SEC. 505. (a) IN GENERAL.—In any case in which

25 the application for the order is approved under section

26 504, a special removal hearing shall be conducted under
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1 this section for the purpose of determining whether the

2 alien to whom the order pertains should be removed from

3 the United States on the grounds that the alien is an alien

4 terrorist. Consistent with section 506, the alien shall be

5 given reasonable notice of the nature of the charges

6 against the alien and a general account of the basis for

7 the charges. The alien shall be given notice, reasonable

8 under all the circumstances, of the time and place at which

9 the hearing will be held. The hearing shall be held as expe10 ditiously as possible.

11 ‘‘(b) USE OF SAME JUDGE.—The special removal

12 hearing shall be held before the same judge who granted

13 the order pursuant to section 504 unless that judge is

14 deemed unavailable due to illness or disability by the chief

15 judge of the special removal court, or has died, in which

16 case the chief judge shall assign another judge to conduct

17 the special removal hearing. A decision by the chief judge

18 pursuant to the preceding sentence shall not be subject

19 to review by either the alien or the Department of Justice.

20 ‘‘(c) RIGHTS IN HEARING.—

21 ‘‘(1) PUBLIC HEARING.—The special removal

22 hearing shall be open to the public.

23 ‘‘(2) RIGHT OF COUNSEL.—The alien shall have

24 a right to be present at such hearing and to be rep25 resented by counsel. Any alien financially unable to
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1 obtain counsel shall be entitled to have counsel as2 signed to represent the alien. Such counsel shall be

3 appointed by the judge pursuant to the plan for fur4 nishing representation for any person financially un5 able to obtain adequate representation for the dis6 trict in which the hearing is conducted, as provided

7 for in section 3006A of title 18, United States Code.

8 All provisions of that section shall apply and, for

9 purposes of determining the maximum amount of

10 compensation, the matter shall be treated as if a fel11 ony was charged.

12 ‘‘(3) INTRODUCTION OF EVIDENCE.—The alien

13 shall have a right to introduce evidence on the

14 alien’s own behalf.

15 ‘‘(4) EXAMINATION OF WITNESSES.—Except as

16 provided in section 506, the alien shall have a rea17 sonable opportunity to examine the evidence against

18 the alien and to cross-examine any witness.

19 ‘‘(5) RECORD.—A verbatim record of the pro20 ceedings and of all testimony and evidence offered or

21 produced at such a hearing shall be kept.

22 ‘‘(6) DECISION BASED ON EVIDENCE AT HEAR23 ING.—The decision of the judge in the hearing shall

24 be based only on the evidence introduced at the
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1 hearing, including evidence introduced under sub2 section (e).

3 ‘‘(7) NO RIGHT TO ANCILLARY RELIEF.—In the

4 hearing, the judge is not authorized to consider or

5 provide for relief from removal based on any of the

6 following:

7 ‘‘(A) Asylum under section 208.

8 ‘‘(B) Withholding of deportation under sec9 tion 243(h).

10 ‘‘(C) Suspension of deportation under sec11 tion 244(a).

12 ‘‘(D) Voluntary departure under section

13 244(e).

14 ‘‘(E) Adjustment of status under section

15 245.

16 ‘‘(F) Registry under section 249.

17 ‘‘(d) SUBPOENAS.—

18 ‘‘(1) REQUEST.—At any time prior to the con19 clusion of the special removal hearing, either the

20 alien or the Department of Justice may request the

21 judge to issue a subpoena for the presence of a

22 named witness (which subpoena may also command

23 the person to whom it is directed to produce books,

24 papers, documents, or other objects designated

25 therein) upon a satisfactory showing that the pres-
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1 ence of the witness is necessary for the determina2 tion of any material matter. Such a request may be

3 made ex parte except that the judge shall inform the

4 Department of Justice of any request for a subpoena

5 by the alien for a witness or material if compliance

6 with such a subpoena would reveal evidence or the

7 source of evidence which has been introduced, or

8 which the Department of Justice has received per9 mission to introduce, in camera and ex parte pursu10 ant to subsection (e) and section 506, and the De11 partment of Justice shall be given a reasonable op12 portunity to oppose the issuance of such a subpoena.

13 ‘‘(2) PAYMENT FOR ATTENDANCE.—If an appli14 cation for a subpoena by the alien also makes a

15 showing that the alien is financially unable to pay

16 for the attendance of a witness so requested, the

17 court may order the costs incurred by the process

18 and the fees of the witness so subpoenaed to be paid

19 from funds appropriated for the enforcement of title

20 II.

21 ‘‘(3) NATIONWIDE SERVICE.—A subpoena

22 under this subsection may be served anywhere in the

23 United States.

24 ‘‘(4) WITNESS FEES.—A witness subpoenaed

25 under this subsection shall receive the same fees and
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1 expenses as a witness subpoenaed in connection with

2 a civil proceeding in a court of the United States.

3 ‘‘(5) NO ACCESS TO CLASSIFIED INFORMA4 TION.—Nothing in this subsection is intended to

5 allow an alien to have access to classified informa6 tion.

7 ‘‘(e) INTRODUCTION OF CLASSIFIED INFORMA8 TION.—

9 ‘‘(1) IN GENERAL.—When classified informa10 tion has been summarized pursuant to section

11 506(b) or where a finding has been made under sec12 tion 506(b)(5) that no summary is possible, classi13 fied information shall be introduced (either in writ14 ing or through testimony) in camera and ex parte

15 and neither the alien nor the public shall be in16 formed of such evidence or its sources other than

17 through reference to the summary provided pursuant

18 to such section. Notwithstanding the previous sen19 tence, the Department of Justice may, in its discre20 tion and, in the case of classified information, after

21 coordination with the originating agency, elect to in22 troduce such evidence in open session.

23 ‘‘(2) TREATMENT OF ELECTRONIC SURVEIL24 LANCE INFORMATION.—
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1 ‘‘(A) USE OF ELECTRONIC SURVEIL2 LANCE.—The Government is authorized to use

3 in a special removal proceedings the fruits of

4 electronic surveillance and unconsented physical

5 searches authorized under the Foreign Intel6 ligence Surveillance Act of 1978 (50 U.S.C.

7 1801 et seq.) without regard to subsections (c),

8 (e), (f), (g), and (h) of section 106 of that Act.

9 ‘‘(B) NO DISCOVERY OF ELECTRONIC SUR10 VEILLANCE INFORMATION.—An alien subject to

11 removal under this title shall have no right of

12 discovery of information derived from electronic

13 surveillance authorized under the Foreign Intel14 ligence Surveillance Act of 1978 or otherwise

15 for national security purposes. Nor shall such

16 alien have the right to seek suppression of evi17 dence.

18 ‘‘(C) CERTAIN PROCEDURES NOT APPLICA19 BLE.—The provisions and requirements of sec20 tion 3504 of title 18, United States Code, shall

21 not apply to procedures under this title.

22 ‘‘(3) RIGHTS OF UNITED STATES.—Nothing in

23 this section shall prevent the United States from

24 seeking protective orders and from asserting privi25 leges ordinarily available to the United States to
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1 protect against the disclosure of classified informa2 tion, including the invocation of the military and

3 state secrets privileges.

4 ‘‘(f) INCLUSION OF CERTAIN EVIDENCE.—The Fed5 eral Rules of Evidence shall not apply to hearings under

6 this section. Evidence introduced at the special removal

7 hearing, either in open session or in camera and ex parte,

8 may, in the discretion of the Department of Justice, in9 clude all or part of the information presented under sec10 tion 504 used to obtain the order for the hearing under

11 this section.

12 ‘‘(g) ARGUMENTS.—Following the receipt of evi13 dence, the attorneys for the Department of Justice and

14 for the alien shall be given fair opportunity to present ar15 gument as to whether the evidence is sufficient to justify

16 the removal of the alien. The attorney for the Department

17 of Justice shall open the argument. The attorney for the

18 alien shall be permitted to reply. The attorney for the De19 partment of Justice shall then be permitted to reply in

20 rebuttal. The judge may allow any part of the argument

21 that refers to evidence received in camera and ex parte

22 to be heard in camera and ex parte.

23 ‘‘(h) BURDEN OF PROOF.—In the hearing the De24 partment of Justice has the burden of showing by clear

25 and convincing evidence that the alien is subject to re-
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1 moval because the alien is an alien terrorist. If the judge

2 finds that the Department of Justice has met this burden,

3 the judge shall order the alien removed and detained pend4 ing removal from the United States. If the alien was re5 leased pending the special removal hearing, the judge shall

6 order the Attorney General to take the alien into custody.

7 ‘‘(i) WRITTEN ORDER.—At the time of rendering a

8 decision as to whether the alien shall be removed, the

9 judge shall prepare a written order containing a statement

10 of facts found and conclusions of law. Any portion of the

11 order that would reveal the substance or source of infor12 mation received in camera and ex parte pursuant to sub13 section (e) shall not be made available to the alien or the

14 public.

15 ‘‘CONSIDERATION OF CLASSIFIED INFORMATION

16 ‘‘SEC. 506. (a) CONSIDERATION IN CAMERA AND EX

17 PARTE.—In any case in which the application for the

18 order authorizing the special procedures of this title is ap19 proved, the judge who granted the order shall consider

20 each item of classified information the Department of Jus21 tice proposes to introduce in camera and ex parte at the

22 special removal hearing and shall order the introduction

23 of such information pursuant to section 505(e) if the judge

24 determines the information to be relevant.

25 ‘‘(b) PREPARATION AND PROVISION OF WRITTEN

26 SUMMARY.—
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1 ‘‘(1) PREPARATION.—The Department of Jus2 tice shall prepare a written summary of such classi3 fied information which does not pose a risk to na4 tional security.

5 ‘‘(2) CONDITIONS FOR APPROVAL BY JUDGE

6 AND PROVISION TO ALIEN.—The judge shall approve

7 the summary so long as the judge finds that the

8 summary is sufficient—

9 ‘‘(A) to inform the alien of the general na10 ture of the evidence that the alien is an alien

11 terrorist, and

12 ‘‘(B) to permit the alien to prepare a de13 fense against deportation.

14 The Department of Justice shall cause to be deliv15 ered to the alien a copy of the summary.

16 ‘‘(3) OPPORTUNITY FOR CORRECTION AND

17 RESUBMITTAL.—If the judge does not approve the

18 summary, the judge shall provide the Department a

19 reasonable opportunity to correct the deficiencies

20 identified by the court and to submit a revised sum21 mary.

22 ‘‘(4) CONDITIONS FOR TERMINATION OF PRO23 CEEDINGS IF SUMMARY NOT APPROVED.—

24 ‘‘(A) IN GENERAL.—If, subsequent to the

25 opportunity described in paragraph (3), the
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1 judge does not approve the summary, the judge

2 shall terminate the special removal hearing un3 less the judge makes the findings described in

4 subparagraph (B).

5 ‘‘(B) FINDINGS.—The findings described

6 in this subparagraph are, with respect to an

7 alien, that—

8 ‘‘(i) the continued presence of the

9 alien in the United States would likely

10 cause serious and irreparable harm to the

11 national security or death or serious bodily

12 injury to any person, and

13 ‘‘(ii) the provision of the required

14 summary would likely cause serious and ir15 reparable harm to the national security or

16 death or serious bodily injury to any per17 son.

18 ‘‘(5) CONTINUATION OF HEARING WITHOUT

19 SUMMARY.—If a judge makes the findings described

20 in paragraph (4)(B)—

21 ‘‘(A) if the alien involved is an alien law22 fully admitted for permanent residence, the pro23 cedures described in subsection (c) shall apply;

24 and
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1 ‘‘(B) in all cases the special removal hear2 ing shall continue, the Department of Justice

3 shall cause to be delivered to the alien a state4 ment that no summary is possible, and the clas5 sified information submitted in camera and ex

6 parte may be used pursuant to section 505(e).

7 ‘‘(c) SPECIAL PROCEDURES FOR ACCESS AND CHAL8 LENGES TO CLASSIFIED INFORMATION BY SPECIAL AT9 TORNEYS IN CASE OF LAWFUL PERMANENT ALIENS.—

10 ‘‘(1) IN GENERAL.—The procedures described

11 in this subsection are that the judge (under rules of

12 the special removal court) shall designate a special

13 attorney to assist the alien—

14 ‘‘(A) by reviewing in camera the classified

15 information on behalf of the alien, and

16 ‘‘(B) by challenging through an in camera

17 proceeding the veracity of the evidence con18 tained in the classified information.

19 ‘‘(2) RESTRICTIONS ON DISCLOSURE.—A spe20 cial attorney receiving classified information under

21 paragraph (1)—

22 ‘‘(A) shall not disclose the information to

23 the alien or to any other attorney representing

24 the alien, and
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1 ‘‘(B) who discloses such information in vio2 lation of subparagraph (A) shall be subject to

3 a fine under title 18, United States Code, im4 prisoned for not less than 10 years nor more

5 than 25 years, or both.

6 ‘‘APPEALS

7 ‘‘SEC. 507. (a) APPEALS OF DENIALS OF APPLICA8 TIONS FOR ORDERS.—The Department of Justice may

9 seek a review of the denial of an order sought in an appli10 cation by the United States Court of Appeals for the Dis11 trict of Columbia Circuit by notice of appeal which must

12 be filed within 20 days after the date of such denial. In

13 such a case the entire record of the proceeding shall be

14 transmitted to the Court of Appeals under seal and the

15 Court of Appeals shall hear the matter ex parte. In such

16 a case the Court of Appeals shall review questions of law

17 de novo, but a prior finding on any question of fact shall

18 not be set aside unless such finding was clearly erroneous.

19 ‘‘(b) APPEALS OF DETERMINATIONS ABOUT SUM20 MARIES OF CLASSIFIED INFORMATION.—Either party

21 may take an interlocutory appeal to the United States

22 Court of Appeals for the District of Columbia Circuit of—

23 ‘‘(1) any determination by the judge pursuant

24 to section 506(a)—
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1 ‘‘(A) concerning whether an item of evi2 dence may be introduced in camera and ex

3 parte, or

4 ‘‘(B) concerning the contents of any sum5 mary of evidence to be introduced in camera

6 and ex parte prepared pursuant to section

7 506(b); or

8 ‘‘(2) the refusal of the court to make the find9 ings 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

12 of the judge or summary of evidence, shall be transmitted

13 to the Court of Appeals under seal and the matter shall

14 be heard ex parte.

15 ‘‘(c) APPEALS OF DECISION IN HEARING.—

16 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

17 the decision of the judge after a special removal

18 hearing may be appealed by either the alien or the

19 Department of Justice to the United States Court of

20 Appeals for the District of Columbia Circuit by no21 tice of appeal.

22 ‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA23 NENT RESIDENT ALIENS IN WHICH NO SUMMARY

24 PROVIDED.—
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1 ‘‘(A) IN GENERAL.—Unless the alien

2 waives the right to a review under this para3 graph, in any case involving an alien lawfully

4 admitted for permanent residence who is denied

5 a written summary of classified information

6 under section 506(b)(4) and with respect to

7 which the procedures described in section

8 506(c) apply, any order issued by the judge

9 shall be reviewed by the Court of Appeals for

10 the District of Columbia Circuit.

11 ‘‘(B) USE OF SPECIAL ATTORNEY.—With

12 respect to any issue relating to classified infor13 mation that arises in such review, the alien

14 shall be represented only by the special attorney

15 designated under section 506(c)(1) on behalf of

16 the alien.

17 ‘‘(d) GENERAL PROVISIONS RELATING TO AP18 PEALS.—

19 ‘‘(1) NOTICE.—A notice of appeal pursuant to

20 subsection (b) or (c) (other than under subsection

21 (c)(2)) must be filed within 20 days after the date

22 of the order with respect to which the appeal is

23 sought, during which time the order shall not be exe24 cuted.
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1 ‘‘(2) TRANSMITTAL OF RECORD.—In an appeal

2 or review to the Court of Appeals pursuant to sub3 section (b) or (c)—

4 ‘‘(A) the entire record shall be transmitted

5 to the Court of Appeals, and

6 ‘‘(B) information received pursuant to sec7 tion 505(e), and any portion of the judge’s

8 order that would reveal the substance or source

9 of such information, shall be transmitted under

10 seal.

11 ‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In

12 an appeal or review to the Court of Appeals pursu13 ant to subsection (b) or (c):

14 ‘‘(A) REVIEW.—The appeal or review shall

15 be heard as expeditiously as practicable and the

16 Court may dispense with full briefing and hear

17 the matter solely on the record of the judge of

18 the special removal court and on such briefs or

19 motions as the Court may require to be filed by

20 the parties.

21 ‘‘(B) DISPOSITION.—The Court shall up22 hold or reverse the judge’s order within 60 days

23 after the date of the issuance of the judge’s

24 final order.
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1 ‘‘(4) STANDARD FOR REVIEW.—In an appeal or

2 review to the Court of Appeals pursuant to sub3 section (b) or (c):

4 ‘‘(A) QUESTIONS OF LAW.—The Court of

5 Appeals shall review all questions of law de

6 novo.

7 ‘‘(B) QUESTIONS OF FACT.—(i) Subject to

8 clause (ii), a prior finding on any question of

9 fact shall not be set aside unless such finding

10 was clearly erroneous.

11 ‘‘(ii) In the case of a review under sub12 section (c)(2) in which an alien lawfully admit13 ted for permanent residence was denied a writ14 ten summary of classified information under

15 section 506(b)(4), the Court of Appeals shall

16 review questions of fact de novo.

17 ‘‘(e) CERTIORARI.—Following a decision by the Court

18 of Appeals pursuant to subsection (b) or (c), either the

19 alien or the Department of Justice may petition the Su20 preme Court for a writ of certiorari. In any such case,

21 any information transmitted to the Court of Appeals

22 under seal shall, if such information is also submitted to

23 the Supreme Court, be transmitted under seal. Any order

24 of removal shall not be stayed pending disposition of a
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1 writ of certiorari except as provided by the Court of Ap2 peals or a Justice of the Supreme Court.

3 ‘‘(f) APPEALS OF DETENTION ORDERS.—

4 ‘‘(1) IN GENERAL.— The provisions of sections

5 3145 through 3148 of title 18, United States Code,

6 pertaining to review and appeal of a release or de7 tention order, penalties for failure to appear, pen8 alties for an offense committed while on release, and

9 sanctions for violation of a release condition shall

10 apply to an alien to whom section 508(b)(1) applies.

11 In applying the previous sentence—

12 ‘‘(A) for purposes of section 3145 of such

13 title an appeal shall be taken to the United

14 States Court of Appeals for the District of Co15 lumbia Circuit, and

16 ‘‘(B) for purposes of section 3146 of such

17 title the alien shall be considered released in

18 connection with a charge of an offense punish19 able by life imprisonment.

20 ‘‘(2) NO REVIEW OF CONTINUED DETENTION.—

21 The determinations and actions of the Attorney

22 General pursuant to section 508(c)(2)(C) shall not

23 be subject to judicial review, including application

24 for a writ of habeas corpus, except for a claim by

25 the alien that continued detention violates the alien’s
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1 rights under the Constitution. Jurisdiction over any

2 such challenge shall lie exclusively in the United

3 States Court of Appeals for the District of Columbia

4 Circuit.

5 ‘‘DETENTION AND CUSTODY

6 ‘‘SEC. 508. (a) INITIAL CUSTODY.—

7 ‘‘(1) UPON FILING APPLICATION.—Subject to

8 paragraph (2), the Attorney General may take into

9 custody any alien with respect to whom an applica10 tion under section 503 has been filed and, notwith11 standing any other provision of law, may retain such

12 an alien in custody in accordance with the proce13 dures authorized by this title.

14 ‘‘(2) SPECIAL RULES FOR PERMANENT RESI15 DENT ALIENS.—An alien lawfully admitted for per16 manent residence shall be entitled to a release hear17 ing before the judge assigned to hear the special re18 moval hearing. Such an alien shall be detained pend19 ing the special removal hearing, unless the alien

20 demonstrates to the court that—

21 ‘‘(A) the alien, if released upon such terms

22 and conditions as the court may prescribe (in23 cluding the posting of any monetary amount),

24 is not likely to flee, and
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1 ‘‘(B) the alien’s release will not endanger

2 national security or the safety of any person or

3 the community.

4 The judge may consider classified information sub5 mitted in camera and ex parte in making a deter6 mination under this paragraph.

7 ‘‘(3) RELEASE IF ORDER DENIED AND NO RE8 VIEW SOUGHT.—

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graph (B), if a judge of the special removal

11 court denies the order sought in an application

12 with respect to an alien and the Department of

13 Justice does not seek review of such denial, the

14 alien shall be released from custody.

15 ‘‘(B) APPLICATION OF REGULAR PROCE16 DURES.—Subparagraph (A) shall not prevent

17 the arrest and detention of the alien pursuant

18 to title II.

19 ‘‘(b) CONDITIONAL RELEASE IF ORDER DENIED AND

20 REVIEW SOUGHT.—

21 ‘‘(1) IN GENERAL.—If a judge of the special re22 moval court denies the order sought in an applica23 tion with respect to an alien and the Department of

24 Justice seeks review of such denial, the judge shall

25 release the alien from custody subject to the least re-
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1 strictive condition or combination of conditions of re2 lease described in section 3142(b) and clauses (i)

3 through (xiv) of section 3142(c)(1)(B) of title 18,

4 United States Code, that will reasonably assure the

5 appearance of the alien at any future proceeding

6 pursuant to this title and will not endanger the safe7 ty of any other person or the community.

8 ‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If

9 the judge finds no such condition or combination of

10 conditions, the alien shall remain in custody until

11 the completion of any appeal authorized by this title.

12 ‘‘(c) CUSTODY AND RELEASE AFTER HEARING.—

13 ‘‘(1) RELEASE.—

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graph (B), if the judge decides pursuant to sec16 tion 505(i) that an alien should not be removed,

17 the alien shall be released from custody.

18 ‘‘(B) CUSTODY PENDING APPEAL.—If the

19 Attorney General takes an appeal from such de20 cision, the alien shall remain in custody, subject

21 to the provisions of section 3142 of title 18,

22 United States Code.

23 ‘‘(2) CUSTODY AND REMOVAL.—

24 ‘‘(A) CUSTODY.—If the judge decides pur25 suant to section 505(i) that an alien shall be re-
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1 moved, the alien shall be detained pending the

2 outcome of any appeal. After the conclusion of

3 any judicial review thereof which affirms the re4 moval order, the Attorney General shall retain

5 the alien in custody and remove the alien to a

6 country specified under subparagraph (B).

7 ‘‘(B) REMOVAL.—

8 ‘‘(i) IN GENERAL.—The removal of an

9 alien shall be to any country which the

10 alien shall designate if such designation

11 does not, in the judgment of the Attorney

12 General, in consultation with the Secretary

13 of State, impair the obligation of the

14 United States under any treaty (including

15 a treaty pertaining to extradition) or other16 wise adversely affect the foreign policy of

17 the United States.

18 ‘‘(ii) ALTERNATE COUNTRIES.—If the

19 alien refuses to designate a country to

20 which the alien wishes to be removed or if

21 the Attorney General, in consultation with

22 the Secretary of State, determines that re23 moval of the alien to the country so des24 ignated would impair a treaty obligation or

25 adversely affect United States foreign pol-
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1 icy, the Attorney General shall cause the

2 alien to be removed to any country willing

3 to receive such alien.

4 ‘‘(C) CONTINUED DETENTION.—If no

5 country is willing to receive such an alien, the

6 Attorney General may, notwithstanding any

7 other provision of law, retain the alien in cus8 tody. The Attorney General, in coordination

9 with the Secretary of State, shall make periodic

10 efforts to reach agreement with other countries

11 to accept such an alien and at least every 6

12 months shall provide to the attorney represent13 ing the alien at the special removal hearing a

14 written report on the Attorney General’s ef15 forts. Any alien in custody pursuant to this

16 subparagraph shall be released from custody

17 solely at the discretion of the Attorney General

18 and subject to such conditions as the Attorney

19 General shall deem appropriate.

20 ‘‘(D) FINGERPRINTING.—Before an alien

21 is transported out of the United States pursu22 ant to this subsection, or pursuant to an order

23 of exclusion because such alien is excludable

24 under section 212(a)(3)(B), the alien shall be
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1 photographed and fingerprinted, and shall be

2 advised of the provisions of subsection 276(b).

3 ‘‘(d) CONTINUED DETENTION PENDING TRIAL.—

4 ‘‘(1) DELAY IN REMOVAL.—Notwithstanding

5 the provisions of subsection (c)(2), the Attorney

6 General may hold in abeyance the removal of an

7 alien who has been ordered removed pursuant to this

8 title to allow the trial of such alien on any Federal

9 or State criminal charge and the service of any sen10 tence of confinement resulting from such a trial.

11 ‘‘(2) MAINTENANCE OF CUSTODY.—Pending the

12 commencement of any service of a sentence of con13 finement by an alien described in paragraph (1),

14 such an alien shall remain in the custody of the At15 torney General, unless the Attorney General deter16 mines that temporary release of the alien to the cus17 tody of State authorities for confinement in a State

18 facility is appropriate and would not endanger na19 tional security or public safety.

20 ‘‘(3) SUBSEQUENT REMOVAL.—Following the

21 completion of a sentence of confinement by an alien

22 described in paragraph (1) or following the comple23 tion of State criminal proceedings which do not re24 sult in a sentence of confinement of an alien released

25 to the custody of State authorities pursuant to para-
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1 graph (2), such an alien shall be returned to the

2 custody of the Attorney General who shall proceed

3 to carry out the provisions of subsection (c)(2) con4 cerning removal of the alien.

5 ‘‘(e) APPLICATION OF CERTAIN PROVISIONS RELAT6 ING TO ESCAPE OF PRISONERS.—For purposes of sections

7 751 and 752 of title 18, United States Code, an alien in

8 the custody of the Attorney General pursuant to this title

9 shall be subject to the penalties provided by those sections

10 in relation to a person committed to the custody of the

11 Attorney General by virtue of an arrest on a charge of

12 a felony.

13 ‘‘(f) RIGHTS OF ALIENS IN CUSTODY.—

14 ‘‘(1) FAMILY AND ATTORNEY VISITS.—An alien

15 in the custody of the Attorney General pursuant to

16 this title shall be given reasonable opportunity to

17 communicate with and receive visits from members

18 of the alien’s family, and to contact, retain, and

19 communicate with an attorney.

20 ‘‘(2) DIPLOMATIC CONTACT.—An alien in the

21 custody of the Attorney General pursuant to this

22 title shall have the right to contact an appropriate

23 diplomatic or consular official of the alien’s country

24 of citizenship or nationality or of any country pro25 viding representation services therefore. The Attor-
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1 ney General shall notify the appropriate embassy,

2 mission, or consular office of the alien’s detention.’’.

3 (b) CRIMINAL PENALTY FOR REENTRY OF ALIEN

4 TERRORISTS.—Section 276(b) (8 U.S.C. 1326(b)) is

5 amended—

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

7 (1),

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

10 (3) by inserting after paragraph (2) the follow11 ing new paragraph:

12 ‘‘(3) who has been excluded from the United

13 States pursuant to subsection 235(c) because the

14 alien was excludable under subsection 212(a)(3)(B)

15 or who has been removed from the United States

16 pursuant to the provisions of title V, and who there17 after, without the permission of the Attorney Gen18 eral, enters the United States or attempts to do so

19 shall be fined under title 18, United States Code,

20 and imprisoned for a period of 10 years, which sen21 tence shall not run concurrently with any other sen22 tence.’’.

23 (c) ELIMINATION OF CUSTODY REVIEW BY HABEAS

24 CORPUS.—Section 106(a) (8 U.S.C. 1105a(a)) is amend25 ed—
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1 (1) by adding ‘‘and’’ at the end of paragraph

2 (8),

3 (2) by striking ‘‘; and’’ at the end of paragraph

4 (9) and inserting a period, and

5 (3) by striking paragraph (10).

6 (d) EFFECTIVE DATE.—The amendments made by

7 this section shall take effect on the date of the enactment

8 of this Act and shall apply to all aliens without regard

9 to the date of entry or attempted entry into the United

10 States.

11 SEC. 322. FUNDING FOR DETENTION AND REMOVAL OF

12 ALIEN TERRORISTS.

13 In addition to amounts otherwise appropriated, there

14 are authorized to be appropriated for each fiscal year (be15 ginning with fiscal year 1996) $5,000,000 to the Immigra16 tion and Naturalization Service for the purpose of detain17 ing and removing alien terrorists.

18 PART 2—INADMISSIBILITY AND DENIAL OF

19 RELIEF FOR ALIEN TERRORISTS

20 SEC. 331. MEMBERSHIP IN TERRORIST ORGANIZATION AS

21 GROUND OF INADMISSIBILITY.

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

23 1182(a)(3)(B)) is amended—

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

2 subclause (I),

3 (B) in subclause (II), by inserting ‘‘en4 gaged in or’’ after ‘‘believe,’’, and

5 (C) by inserting after subclause (II) the

6 following:

7 ‘‘(III) is a representative of a ter8 rorist organization, or

9 ‘‘(IV) is a member of a terrorist

10 organization which the alien knows or

11 should have known is a terrorist orga12 nization,’’; and

13 (2) by adding at the end the following:

14 ‘‘(iv) TERRORIST ORGANIZATION DE15 FINED.—

16 ‘‘(I) DESIGNATION.—For pur17 poses of this Act, the term ‘terrorist

18 organization’ means a foreign organi19 zation designated in the Federal Reg20 ister as a terrorist organization by the

21 Secretary of State, in consultation

22 with the Attorney General, based

23 upon a finding that the organization

24 engages in, or has engaged in, terror-
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1 ist activity that threatens the national

2 security of the United States.

3 ‘‘(II) PROCESS.—At least 3 days

4 before designating an organization as

5 a terrorist organization through publi6 cation in the Federal Register, the

7 Secretary of State, in consultation

8 with the Attorney General, shall notify

9 the Committees on the Judiciary of

10 the House of Representatives and the

11 Senate of the intent to make such

12 designation and the findings and basis

13 for designation. The Secretary of

14 State, in consultation with the Attor15 ney General, shall create an adminis16 trative record and may use classified

17 information in making such a designa18 tion. Such information is not subject

19 to disclosure so long as it remains

20 classified, except that it may be dis21 closed to a court ex parte and in cam22 era under subclause (III) for purposes

23 of judicial review of such a designa24 tion. The Secretary of State, in con25 sultation with the Attorney General,
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1 shall provide notice and an oppor2 tunity for public comment prior to the

3 creation of the administrative record

4 under this subclause.

5 ‘‘(III) JUDICIAL REVIEW.—Any

6 organization designated as a terrorist

7 organization under the preceding pro8 visions of this clause may, not later

9 than 30 days after the date of the

10 designation, seek judicial review there11 of in the United States Court of Ap12 peals for the District of Columbia Cir13 cuit. Such review shall be based solely

14 upon the administrative record, except

15 that the Government may submit, for

16 ex parte and in camera review, classi17 fied information considered in making

18 the designation. The court shall hold

19 unlawful and set aside the designation

20 if the court finds the designation to be

21 arbitrary, capricious, an abuse of dis22 cretion, or otherwise not in accord23 ance with law, lacking substantial

24 support in the administrative record

25 taken as a whole or in classified infor-
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1 mation submitted to the court under

2 the previous sentence, contrary to

3 constitutional right, power, privilege,

4 or immunity, or not in accord with the

5 procedures required by law.

6 ‘‘(IV) CONGRESSIONAL REMOVAL

7 AUTHORITY.—The Congress reserves

8 the authority to remove, by law, the

9 designation of an organization as a

10 terrorist organization for purposes of

11 this Act.

12 ‘‘(V) SUNSET.—Subject to

13 subclause (IV), the designation under

14 this clause of an organization as a

15 terrorist organization shall be effective

16 for a period of 2 years from the date

17 of the initial publication of the terror18 ist organization designation by the

19 Secretary of State. At the end of such

20 period (but no sooner than 60 days

21 prior to the termination of the 2-year22 designation period), the Secretary of

23 State, in consultation with the Attor24 ney General, may redesignate the or25 ganization in conformity with the re-
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1 quirements of this clause for designa2 tion of the organization.

3 ‘‘(VI) REMOVAL AUTHORITY.—

4 The Secretary of State, in consulta5 tion with the Attorney General, may

6 remove the terrorist organization des7 ignation from any organization pre8 viously designated as such an organi9 zation, at any time, so long as the

10 Secretary publishes notice of the re11 moval in the Federal Register. The

12 Secretary is not required to report to

13 Congress prior to so removing such

14 designation.

15 ‘‘(v) REPRESENTATIVE DEFINED.—In

16 this subparagraph, the term ‘representa17 tive’ includes an officer, official, or spokes18 man of the organization and any person

19 who directs, counsels, commands or in20 duces the organization or its members to

21 engage in terrorist activity.’’.

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

23 this section shall take effect on the date of the enactment

24 of this Act.
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1 SEC. 332. DENIAL OF RELIEF FOR ALIEN TERRORISTS.

2 (a) WITHHOLDING OF DEPORTATION.—Section

3 243(h)(2) (8 U.S.C. 1253(h)(2)) is amended by adding

4 at the end the following new sentence: ‘‘For purposes of

5 subparagraph (D), an alien who is described in section

6 241(a)(4)(B) shall be considered to be an alien for whom

7 there are reasonable grounds for regarding as a danger

8 to the security of the United States.’’.

9 (b) SUSPENSION OF DEPORTATION.—Section 244(a)

10 (8 U.S.C. 1254(a)) is amended by striking ‘‘section

11 241(a)(4)(D)’’ and inserting ‘‘subparagraph (B) or (D) of

12 section 241(a)(4)’’.

13 (c) VOLUNTARY DEPARTURE.—Section 244(e)(2) (8

14 U.S.C. 1254(e)(2)) is amended by inserting ‘‘under sec15 tion 241(a)(4)(B) or’’ after ‘‘who is deportable’’.

16 (d) ADJUSTMENT OF STATUS.—Section 245(c) (8

17 U.S.C. 1255(c)) is amended—

18 (1) by striking ‘‘or’’ before ‘‘(5)’’, and

19 (2) by inserting before the period at the end the

20 following: ‘‘, or (6) an alien who is deportable under

21 section 241(a)(4)(B)’’.

22 (e) REGISTRY.—Section 249(d) (8 U.S.C. 1259(d))

23 is amended by inserting ‘‘and is not deportable under sec24 tion 241(a)(4)(B)’’ after ‘‘ineligible to citizenship’’.

25 (f) EFFECTIVE DATE.—(1) The amendments made

26 by this section shall take effect on the date of the enact-
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1 ment of this Act and shall apply to applications filed be2 fore, on, or after such date if final action has not been

3 taken on them before such date.

4 (2) The amendments made by subsections (a)

5 through (c) are subsequently superseded by the amend6 ments made by subtitle A.

7 Subtitle C—Deterring Transpor8 tation of Unlawful Aliens to the

9 United States

10 SEC. 341. DEFINITION OF STOWAWAY.

11 (a) STOWAWAY DEFINED.—Section 101(a) (8 U.S.C.

12 1101(a)) is amended by adding the following new para13 graph:

14 ‘‘(47) The term ‘stowaway’ means any alien

15 who obtains transportation without the consent of

16 the owner, charterer, master or person in command

17 of any vessel or aircraft through either concealment

18 on board such vessel or aircraft or evasion of that

19 carrier’s standard boarding procedures.’’.

20 (b) EFFECTIVE DATE.—The amendment made by

21 subsection (a) shall take effect on the date of the enact22 ment of this Act.
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1 SEC. 342. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIV2 ING.

3 (a) IN GENERAL.—Section 231(a) (8 U.S.C.

4 1221(a)) is amended—

5 (1) by amending the first sentence to read as

6 follows: ‘‘In connection with the arrival of any per7 son by water or by air at any port within the United

8 States from any place outside the United States, it

9 shall be the duty of the master or commanding offi10 cer, or authorized agent, owner, or consignee of the

11 vessel or aircraft, having such person on board to

12 deliver to the immigration officers at the port of ar13 rival, or other place designated by the Attorney Gen14 eral, electronic, typewritten, or printed lists or mani15 fests of the persons on board such vessel or air16 craft.’’;

17 (2) in the second sentence, by striking ‘‘shall be

18 prepared’’ and inserting ‘‘shall be prepared and sub19 mitted’’; and

20 (3) by inserting after the second sentence the

21 following sentence: ‘‘Such lists or manifests shall

22 contain, but not be limited to, for each person trans23 ported, the person’s full name, date of birth, gender,

24 citizenship, travel document number (if applicable)

25 and arriving flight number.’’.
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1 (b) EFFECTIVE DATE.—The amendments made by

2 subsection (a) shall apply to vessels or aircraft arriving

3 at ports of entry on or after such date (not later than

4 60 days after the date of the enactment of this Act) as

5 the Attorney General shall specify.

6 SEC. 343. TRANSPORTATION LINE RESPONSIBILITY FOR

7 TRANSIT WITHOUT VISA ALIENS.

8 (a) IN GENERAL.—Section 238(c) (8 U.S.C.

9 1228(c)), before redesignation as section 233 under sec10 tion 308(b)(4), is amended—

11 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’, and

12 (2) by adding at the end the following new

13 paragraph:

14 ‘‘(2) Notwithstanding any other provision of this Act

15 and in consideration for bringing aliens transiting through

16 the United States without a visa, a transportation line

17 that has entered into a contract under this section is

18 deemed to have agreed to indemnify the United States

19 against any costs for the detention and removal from the

20 United States of any such alien who for any reason—

21 ‘‘(A) is refused admission to the United States,

22 ‘‘(B) fails to continue the alien’s journey to a

23 foreign country within the time prescribed by regula24 tion, or
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1 ‘‘(C) is refused admission by the foreign coun2 try to which the alien is travelling while transiting

3 through the United States. ’’.

4 (b) EFFECTIVE DATE.—The amendment made by

5 subsection (a) shall apply to aliens arriving in the United

6 States on or after such date (not later than 60 days after

7 the date of the enactment of this Act) as the Attorney

8 General shall specify.

9 SEC. 344. CIVIL PENALTIES FOR BRINGING INADMISSIBLE

10 ALIENS FROM CONTIGUOUS TERRITORIES.

11 (a) IN GENERAL.—Section 273 (8 U.S.C. 1323) is

12 amended—

13 (1) in subsection (a), by striking ‘‘(other than

14 from foreign contiguous territory)’’, and

15 (2) in subsection (b), by striking ‘‘$3,000’’ and

16 inserting ‘‘$5,000’’.

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

18 subsection (a) shall apply to aliens arriving in the United

19 States on or after such date (not later than 60 days after

20 the date of the enactment of this Act) as the Attorney

21 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.

4 1101(a)), as amended by section 341, is amended by add5 ing at the end the following new paragraph:

6 ‘‘(48) The term ‘conviction’ means a formal

7 judgment of guilt entered by a court or, if adjudica8 tion of guilt has been withheld, where all of the fol9 lowing elements are 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

19 of the probation or fails to comply with the re20 quirements of the court’s order, without avail21 ability of further proceedings regarding the

22 alien’s guilt or innocence of the original

23 charge.’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall apply to convictions entered before,

3 on, or after the date of the enactment of this Act.

4 SEC. 352. USE OF TERM ‘‘IMMIGRATION JUDGE’’.

5 (a) DEFINITION OF TERM.—Paragraph (4) of section

6 101(b) (8 U.S.C. 1101(b)) is amended to read as follows:

7 ‘‘(4) The term ‘immigration judge’ means an attorney

8 whom the Attorney General deems specially qualified to

9 conduct specified classes of proceedings, including a hear10 ing under section 240. An immigration judge shall be sub11 ject to such supervision and shall perform such duties as

12 the Attorney General shall prescribe, but shall not be em13 ployed by the Immigration and Naturalization Service.’’.

14 (b) SUBSTITUTION FOR TERM ‘‘SPECIAL INQUIRY

15 OFFICER’’.—The Immigration and Nationality Act is

16 amended by striking ‘‘special inquiry officer’’ and ‘‘special

17 inquiry officers’’ and inserting ‘‘immigration judge’’ and

18 ‘‘immigration judges’’, respectively, each place it appears

19 in the following 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).

23 (4) Section 235 (8 U.S.C. 1225).

24 (5) Section 236 (8 U.S.C. 1226).

25 (6) Section 242(b) (8 U.S.C. 1252(b)).
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1 (7) Section 242(d)(1) (8 U.S.C. 1252(d)(1)).

2 (8) Section 292 (8 U.S.C. 1362).

3 (c) EFFECTIVE DATE.—The amendments made by

4 this section shall take effect on the date of the enactment

5 of this Act.

6 SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT

7 STATUS.

8 (a) IN GENERAL.—Section 246(a) (8 U.S.C.

9 1256(a)) is amended by adding at the end the following

10 sentence: ‘‘Nothing in this subsection shall require the At11 torney General to rescind the alien’s status prior to com12 mencement of procedures to remove the alien under sec13 tion 240, and an order of removal issued by an immigra14 tion judge shall be sufficient to rescind the alien’s sta15 tus.’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall take effect on the title III–A effective

18 date (as defined in section 309(a)).

19 SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.

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

21 Act is amended by inserting after section 274C the follow22 ing new section:

23 ‘‘CIVIL PENALTIES FOR FAILURE TO DEPART

24 ‘‘SEC. 274D. (a) IN GENERAL.—Any alien subject to

25 a final order of removal who—

26 ‘‘(1) willfully fails or refuses to—
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1 ‘‘(A) depart from the United States pursu2 ant to the order,

3 ‘‘(B) make timely application in good faith

4 for travel or other documents necessary for de5 parture, or

6 ‘‘(C) present for removal at the time and

7 place required by the Attorney General; or

8 ‘‘(2) conspires to or takes any action designed

9 to prevent or hamper the alien’s departure pursuant

10 to the order,

11 shall pay a civil penalty of not more $500 to the Commis12 sioner for each day the alien is in violation of this section.

13 ‘‘(b) CONSTRUCTION.—Nothing in this section shall

14 be construed to diminish or qualify any penalties to which

15 an alien may be subject for activities proscribed by section

16 243(a) or any other section of this Act.’’.

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

18 is amended by inserting after the item relating to section

19 274C the following new item:

‘‘Sec. 274D. Civil penalties for failure to depart.’’.

20 (c) EFFECTIVE DATE.—The amendments made by

21 subsection (a) shall apply to actions occurring on or after

22 the title III–A effective date (as defined in section 309(a)).
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1 SEC. 355. CLARIFICATION OF DISTRICT COURT JURISDIC2 TION.

3 (a) IN GENERAL.—Section 279 (8 U.S.C. 1329) is

4 amended—

5 (1) by amending the first sentence to read as

6 follows: ‘‘The district courts of the United States

7 shall have jurisdiction of all causes, civil and crimi8 nal, brought by the United States that arise under

9 the provisions of this title.’’, and

10 (2) by adding at the end the following new sen11 tence: ‘‘Nothing in this section shall be construed as

12 providing jurisdiction for suits against the United

13 States or its agencies or officers.’’.

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

15 subsection (a) shall apply to actions filed after the date

16 of the enactment of this Act.

17 SEC. 356. USE OF RETIRED FEDERAL EMPLOYEES FOR IN18 STITUTIONAL HEARING PROGRAM.

19 (a) AUTHORIZATION OF TEMPORARY EMPLOYMENT

20 OF CERTAIN ANNUITANTS AND RETIREES.—For the pur21 pose of performing duties in connection with supporting

22 the enhanced Institutional Hearing Program, the Attorney

23 General may employ for a period not to exceed 24 months

24 (beginning 3 months after the date of the enactment of

25 this Act) not more than 300 individuals (at any one time)
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1 who, by reason of separation from service on or before

2 January 1, 1995, are receiving—

3 (1) annuities under the provisions of subchapter

4 III of chapter 83 of title 5, United States Code, or

5 chapter 84 of such title;

6 (2) annuities under any other retirement system

7 for employees of the Federal Government; or

8 (3) retired or retainer pay as retired officers of

9 regular components of the uniformed services.

10 (b) NO REDUCTION IN ANNUITY OR RETIREMENT

11 PAY OR REDETERMINATION OF PAY DURING TEMPORARY

12 EMPLOYMENT.—

13 (1) RETIREES UNDER CIVIL SERVICE RETIRE14 MENT SYSTEM AND FEDERAL EMPLOYEES’ RETIRE15 MENT SYSTEM.—In the case of an individual em16 ployed under subsection (a) who is receiving an an17 nuity described in subsection (a)(1)—

18 (A) such individual’s annuity shall con19 tinue during the employment under subsection

20 (a) and shall not be increased as a result of

21 service performed during that employment;

22 (B) retirement deductions shall not be

23 withheld from such individual’s pay; and

24 (C) such individual’s pay shall not be sub25 ject to any deduction based on the portion of
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1 such individual’s annuity which is allocable to

2 the period of employment.

3 (2) OTHER FEDERAL RETIREES.—The Presi4 dent shall apply the provisions of paragraph (1) to

5 individuals who are receiving an annuity described in

6 subsection (a)(2) and who are employed under sub7 section (a) in the same manner and to the same ex8 tent as such provisions apply to individuals who are

9 receiving an annuity described in subsection (a)(1)

10 and who are employed under subsection (a).

11 (3) RETIRED OFFICERS OF THE UNIFORM

12 SERVICES.—The retired or retainer pay of a retired

13 officer of a regular component of a uniformed serv14 ice shall not be reduced under section 5532 of title

15 5, United States Code, by reason of temporary em16 ployment authorized under subsection (a).

17 SEC. 357. ENHANCED PENALTIES FOR FAILURE TO DEPART,

18 ILLEGAL REENTRY, AND PASSPORT AND VISA

19 FRAUD.

20 (a) FAILING TO DEPART.—The United States Sen21 tencing Commission shall promptly promulgate, pursuant

22 to section 994 of title 28, United States Code, amend23 ments to the sentencing guidelines to make appropriate

24 increases in the base offense level for offenses under sec25 tion 242(e) and 276(b) of the Immigration and National-
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1 ity Act (8 U.S.C. 1252(e) and 1326(b)) to reflect the

2 amendments made by section 130001 of the Violent Crime

3 Control and Law Enforcement Act of 1994.

4 (b) PASSPORT AND VISA OFFENSES.—The United

5 States Sentencing Commission shall promptly promulgate,

6 pursuant to section 994 of title 28, United States Code,

7 amendments to the sentencing guidelines to make appro8 priate increases in the base offense level for offenses under

9 chapter 75 of title 18, United States Code to reflect the

10 amendments made by section 130009 of the Violent Crime

11 Control and Law Enforcement Act of 1994.

12 SEC. 358. AUTHORIZATION OF ADDITIONAL FUNDS FOR RE13 MOVAL OF ALIENS.

14 In addition to the amounts otherwise authorized to

15 be appropriated for each fiscal year beginning with fiscal

16 year 1996, there are authorized to be appropriated to the

17 Attorney General $150,000,000 for costs associated with

18 the removal of inadmissible or deportable aliens, including

19 costs of detention of such aliens pending their removal,

20 the hiring of more investigators, and the hiring of more

21 detention and deportation officers.

22 SEC. 359. APPLICATION OF ADDITIONAL CIVIL PENALTIES

23 TO ENFORCEMENT.

24 (a) IN GENERAL.—Subsection (b) of section 280 (8

25 U.S.C. 1330(b)) is amended to read as follows:
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1 ‘‘(b)(1) There is established in the general fund of

2 the Treasury a separate account which shall be known as

3 the ‘Immigration Enforcement Account’. Notwithstanding

4 any other section of this title, there shall be deposited as

5 offsetting receipts into the Immigration Enforcement Ac6 count amounts described in paragraph (2) to remain avail7 able until expended.

8 ‘‘(2) The amounts described in this paragraph are the

9 following:

10 ‘‘(A) The increase in penalties collected result11 ing from the amendments made by sections 203(b)

12 and 543(a) of the Immigration Act of 1990.

13 ‘‘(B) Civil penalties collected under sections

14 240B(d), 274C, 274D, and 275(b).

15 ‘‘(3)(A) The Secretary of the Treasury shall refund

16 out of the Immigration Enforcement Account to any ap17 propriation the amount paid out of such appropriation for

18 expenses incurred by the Attorney General for activities

19 that enhance enforcement of provisions of this title, in20 cluding—

21 ‘‘(i) the identification, investigation, apprehen22 sion, detention, and removal of criminal aliens;

23 ‘‘(ii) the maintenance and updating of a system

24 to identify and track criminal aliens, deportable
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1 aliens, inadmissible aliens, and alien illegally enter2 ing the United States; and

3 ‘‘(iii) for the repair, maintenance, or construc4 tion on the United States border, in areas experienc5 ing high levels of apprehensions of illegal aliens, of

6 structures to deter illegal entry into the United

7 States.

8 ‘‘(B) The amounts which are required to be refunded

9 under subparagraph (A) shall be refunded at least quar10 terly on the basis of estimates made by the Attorney Gen11 eral of the expenses referred to in subparagraph (A).

12 Proper adjustments shall be made in the amounts subse13 quently refunded under subparagraph (A) to the extent

14 prior estimates were in excess of, or less than, the amount

15 required to be refunded under subparagraph (A).’’.

16 (b) IMMIGRATION USER FEE ACCOUNT.—Section

17 286(h)(1)(B) (8 U.S.C. 1356(h)(1)(B)) is amended by

18 striking ‘‘271’’ and inserting ‘‘243(c), 271,’’.

19 (c) EFFECTIVE DATE.—The amendments made by

20 this section shall apply to fines and penalties collected on

21 or after the date of the enactment of this Act.

22 SEC. 360. PRISONER TRANSFER TREATIES.

23 (a) NEGOTIATION.—Congress advises the President

24 to begin to negotiate and renegotiate, not later than 90

25 days after the date of the enactment of this Act, bilateral
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1 prisoner transfer treaties. The focus of such negotiations

2 shall be—

3 (1) to expedite the transfer of aliens unlawfully

4 in the United States who are (or are about to be)

5 incarcerated in United States prisons,

6 (2) to ensure that a transferred prisoner serves

7 the balance of the sentence imposed by the United

8 States courts, and

9 (3) to eliminate any requirement of prisoner

10 consent to such a transfer.

11 In entering into such negotiations, the President may con12 sider providing for appropriate compensation in cases

13 where the United States is able to independently verify

14 the adequacy of the sites where aliens will be imprisoned

15 under such a treaty.

16 (b) CERTIFICATION.—The President shall submit to

17 the Congress, annually, a certification as to whether each

18 prisoner transfer treaty in force is effective in returning

19 aliens unlawfully in the United States who have committed

20 offenses for which they are incarcerated in the United

21 States to their country of nationality for further incarcer22 ation.
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1 SEC. 361. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

2 Subsection (a) of section 130002 of the Violent Crime

3 Control and Law Enforcement Act of 1994 (Public Law

4 103–312) is amended to read as follows:

5 ‘‘(a) OPERATION AND PURPOSE.—The Commissioner

6 of Immigration and Naturalization shall, under the au7 thority of section 242(a)(3)(A) of the Immigration and

8 Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a crimi9 nal alien identification system. The criminal alien identi10 fication system shall be used to assist Federal, State, and

11 local law enforcement agencies in identifying and locating

12 aliens who may be subject to removal by reason of their

13 conviction of aggravated felonies, subject to prosecution

14 under section 275 of such Act, not lawfully present in the

15 United States, or otherwise removable. Such system shall

16 include providing for recording of fingerprint records of

17 aliens who have been previously arrested and removed into

18 appropriate automated fingerprint identification sys19 tems.’’.

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—

25 (1) by amending subparagraph (F) of sub26 section (a)(6) to read as follows:
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1 ‘‘(F) SUBJECT OF CIVIL PENALTY.—

2 ‘‘(i) IN GENERAL.—An alien who is the

3 subject of a final order for violation of section

4 274C is inadmissible.

5 ‘‘(ii) WAIVER AUTHORIZED.—For provision

6 authorizing waiver of clause (i), see subsection

7 (d)(12).’’; and

8 (2) by adding at the end of subsection (d) the

9 following new paragraph:

10 ‘‘(12) The Attorney General may, in the discretion

11 of the Attorney General for humanitarian purposes, to as12 sure family unity, or when it is otherwise in the public

13 interest, waive application of clause (i) of subsection

14 (a)(6)(F)—

15 ‘‘(A) in the case of an alien lawfully admitted

16 for permanent residence who temporarily proceeded

17 abroad voluntarily and not under an order of depor18 tation and who is otherwise admissible to the United

19 States as a returning resident under section 211(b),

20 and

21 ‘‘(B) in the case of an alien seeking admission

22 or adjustment of status under section 201(b)(2)(A)

23 or 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)

5 of section 241(a)(3) (8 U.S.C. 1251(a)(3)), before redesig6 nation by section 305(a)(2), is amended to read as follows:

7 ‘‘(C) DOCUMENT FRAUD.—

8 ‘‘(i) IN GENERAL.—An alien who is

9 the subject of a final order for violation of

10 section 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 PA21 ROLE.

22 Section 263(a) (8 U.S.C. 1303(a)) is amended by

23 striking ‘‘and (5)’’ and inserting ‘‘(5) aliens who are or

24 have been on criminal probation or criminal parole within

25 the United States, and (6)’’.
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1 TITLE IV—ENFORCEMENT OF

2 RESTRICTIONS AGAINST EM3 PLOYMENT

4 SEC. 401. STRENGTHENED ENFORCEMENT OF THE EM5 PLOYER SANCTIONS PROVISIONS.

6 (a) IN GENERAL.—The number of full-time equiva7 lent positions in the Investigations Division within the Im8 migration and Naturalization Service of the Department

9 of Justice beginning in fiscal year 1996 shall be increased

10 by 350 positions above the number of full-time equivalent

11 positions available to such Division as of September 30,

12 1994.

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

14 additional positions described in subsection (a) shall be as15 signed to investigate violations of the employer sanctions

16 provisions contained in section 274A of the Immigration

17 and Nationality Act, including investigating reports of vio18 lations received from officers of the Employment Stand19 ards Administration of the Department of Labor.

20 SEC. 402. STRENGTHENED ENFORCEMENT OF WAGE AND

21 HOUR LAWS.

22 (a) IN GENERAL.—The number of full-time equiva23 lent positions in the Wage and Hour Division with the

24 Employment Standards Administration of the Department

25 of Labor beginning in fiscal year 1996 shall be increased
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1 by 150 positions above the number of full-time equivalent

2 positions available to the Wage and Hour Division as of

3 September 30, 1994.

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

5 additional positions described in subsection (a) shall be as6 signed to investigate violations of wage and hour laws in

7 areas where the Attorney General has notified the Sec8 retary of Labor that there are high concentrations of un9 documented aliens.

10 SEC. 403. CHANGES IN THE EMPLOYER SANCTIONS PRO11 GRAM.

12 (a) REDUCING THE NUMBER OF DOCUMENTS AC13 CEPTED FOR EMPLOYMENT VERIFICATION.—Section

14 274A(b) (8 U.S.C. 1324a(b)) is amended—

15 (1) in paragraph (1)(B)—

16 (A) by adding ‘‘or’’ at the end of clause (i),

17 (B) by striking clauses (ii) through (iv),

18 and

19 (C) in clause (v), by striking ‘‘or other

20 alien registration card, if the card’’ and insert21 ing ‘‘, alien registration card, or other docu22 ment designated by regulation by the Attorney

23 General, if the document’’ and redesignating

24 such clause as clause (ii);
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1 (2) by amending subparagraph (C) of para2 graph (1) to read as follows:

3 ‘‘(C) SOCIAL SECURITY ACCOUNT NUMBER

4 CARD AS EVIDENCE OF EMPLOYMENT AUTHOR5 IZATION.—A document described in this sub6 paragraph is an individual’s social security ac7 count number card (other than such a card

8 which specifies on the face that the issuance of

9 the card does not authorize employment in the

10 United States).’’; and

11 (3) by amending paragraph (2) to read as fol12 lows:

13 ‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOY14 MENT AUTHORIZATION AND PROVISION OF SOCIAL

15 SECURITY ACCOUNT NUMBER.—The individual

16 must—

17 ‘‘(A) attest, under penalty of perjury on

18 the form designated or established for purposes

19 of paragraph (1), that the individual is a citizen

20 or national of the United States, an alien law21 fully admitted for permanent residence, or an

22 alien who is authorized under this Act or by the

23 Attorney General to be hired, recruited, or re24 ferred for such employment; and
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1 ‘‘(B) provide on such form the individual’s

2 social security account number.’’.

3 (b) EMPLOYMENT ELIGIBILITY CONFIRMATION

4 PROCESS.—Section 274A (8 U.S.C. 1324a) is amended—

5 (1) in subsection (a)(3), by inserting ‘‘(A)’’

6 after ‘‘DEFENSE.—’’, and by adding at the end the

7 following:

8 ‘‘(B) FAILURE TO SEEK AND OBTAIN CON9 FIRMATION.—In the case of a hiring of an individual

10 for employment in the United States, if such a per11 son or entity—

12 ‘‘(i) has not made an inquiry, under the

13 mechanism established under subsection (b)(6),

14 seeking confirmation of the identity, social secu15 rity number, and work eligibility of the individ16 ual, by not later than the end of 2 working days

17 (as specified by the Attorney General) after the

18 date of the hiring, the defense under subpara19 graph (A) shall not be considered to apply with

20 respect to any employment after such 2 working

21 days, and

22 ‘‘(ii) has made the inquiry described in

23 clause (i) but has not received an appropriate

24 confirmation of such identity, number, and

25 work eligibility under such mechanism within
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1 the time period specified under subsection

2 (b)(6)(D)(iii) after the time the confirmation

3 inquiry was received, the defense under sub4 paragraph (A) shall not be considered to apply

5 with respect to any employment after the end of

6 such time period.’’;

7 (2) by amending paragraph (3) of subsection

8 (b) to read as follows:

9 ‘‘(3) RETENTION OF VERIFICATION FORM AND

10 CONFIRMATION.—After completion of such form in

11 accordance with paragraphs (1) and (2), the person

12 or entity must—

13 ‘‘(A) retain the form and make it available

14 for inspection by officers of the Service, the

15 Special Counsel for Immigration-Related Unfair

16 Employment Practices, or the Department of

17 Labor during a period beginning on the date of

18 the hiring, recruiting, or referral of the individ19 ual and ending—

20 ‘‘(i) in the case of the recruiting or re21 ferral for a fee (without hiring) of an indi22 vidual, three years after the date of the re23 cruiting or referral, and

24 ‘‘(ii) in the case of the hiring of an in25 dividual—
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1 ‘‘(I) three years after the date of

2 such hiring, or

3 ‘‘(II) one year after the date the

4 individual’s employment is terminated,

5 whichever is later; and

6 ‘‘(B) for individuals hired on or after Octo7 ber 1, 1999 (or, in a State with respect to

8 which a pilot program described in section

9 403(e)(2)(B) of the Immigration in the Na10 tional Interest Act of 1995 is in effect, on or

11 after such earlier date as the Attorney General

12 specifies), seek (within 2 working days of the

13 date of hiring) and have (within the time period

14 specified under paragraph (6)(D)(iii)) the iden15 tity, social security number, and work eligibility

16 of the individual confirmed in accordance with

17 the procedures established under paragraph

18 (6).’’; and

19 (3) by adding at the end of subsection (b) the

20 following new paragraph:

21 ‘‘(6) EMPLOYMENT ELIGIBILITY CONFIRMATION

22 PROCESS.—

23 ‘‘(A) IN GENERAL.—The Attorney General

24 shall establish a confirmation mechanism
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1 through which the Attorney General (or a des2 ignee of the Attorney General)—

3 ‘‘(i) responds to inquiries by employ4 ers, made through a toll-free telephone line

5 or other electronic media in the form of an

6 appropriate confirmation code or other7 wise, on whether an individual is author8 ized to be employed by that employer, and

9 ‘‘(ii) maintains a record that such an

10 inquiry was made and the confirmation

11 provided (or not provided).

12 ‘‘(B) EXPEDITED PROCEDURE IN CASE OF

13 NO CONFIRMATION.—In connection with sub14 paragraph (A), the Attorney General shall es15 tablish, in consultation with the Commissioner

16 of Social Security and the Commissioner of the

17 Service, expedited procedures that shall be used

18 to confirm the validity of information used

19 under the confirmation mechanism in cases in

20 which the confirmation is sought but is not pro21 vided through the confirmation mechanism.

22 ‘‘(C) DESIGN AND OPERATION OF MECHA23 NISM.—The confirmation mechanism shall be

24 designed and operated to maximize—
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1 ‘‘(i) the reliability of the confirmation

2 process, and

3 ‘‘(ii) the ease of use by employers, re4 cruiters, and referrers,

5 consistent with insulating and protecting the

6 privacy and security of the underlying informa7 tion.

8 ‘‘(D) CONFIRMATION PROCESS.—(i) As

9 part of the confirmation mechanism, the Com10 missioner of Social Security shall establish a re11 liable, secure method, which within the time pe12 riod specified under clause (iii), compares the

13 name and social security account number pro14 vided against such information maintained by

15 the Commissioner in order to confirm (or not

16 confirm) the validity of the information pro17 vided and whether the account number indi18 cates that the individual is authorized to be em19 ployed in the United States. The Commissioner

20 shall not disclose or release social security infor21 mation.

22 ‘‘(ii) As part of the confirmation mecha23 nism, the Commissioner of the Service shall es24 tablish a reliable, secure method, which, within

25 the time period specified under clause (iii),
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1 compares the name and alien identification

2 number (if any) provided against such informa3 tion maintained by the Commissioner in order

4 to confirm (or not confirm) the validity of the

5 information provided and whether the alien is

6 authorized to be employed in the United States.

7 ‘‘(iii) For purposes of this section, the At8 torney General shall specify, in consultation

9 with the Commissioner of Social Security and

10 the Commissioner of the Service, an expedited

11 time period within which confirmation is to be

12 provided through the confirmation mechanism.

13 ‘‘(iv) The Commissioners shall update their

14 information in a manner that promotes the

15 maximum accuracy and shall provide a process

16 for the prompt correction of erroneous informa17 tion.

18 ‘‘(E) PROTECTIONS.—(i) In no case shall

19 an individual be denied employment because of

20 inaccurate or inaccessible data under the con21 firmation mechanism.

22 ‘‘(ii) The Attorney General shall assure

23 that there is a timely and accessible process to

24 challenge nonconfirmations made through the

25 mechanism.
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1 ‘‘(F) TESTER PROGRAM.—As part of the

2 confirmation mechanism, the Attorney General

3 shall implement a program of testers and inves4 tigative activities (similar to testing and other

5 investigative activities assisted under the fair

6 housing initiatives program under section 561

7 of the Housing and Community Development

8 Act of 1987 to enforce rights under the Fair

9 Housing Act) in order to monitor and prevent

10 unlawful discrimination under the mechanism.’’.

11 (c) REDUCTION OF PAPERWORK FOR CERTAIN EM12 PLOYEES.—Section 274A(a) (8 U.S.C. 1324a(a)) is

13 amended by adding at the end the following new para14 graph:

15 ‘‘(6) TREATMENT OF DOCUMENTATION FOR

16 CERTAIN EMPLOYEES.—

17 ‘‘(A) IN GENERAL.—For purposes of para18 graphs (1)(B) and (3), if—

19 ‘‘(i) an individual is a member of a

20 collective-bargaining unit and is employed,

21 under a collective bargaining agreement

22 entered into between one or more employee

23 organizations and an association of two or

24 more employers, by an employer that is a

25 member of such association, and
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1 ‘‘(ii) within the period specified in

2 subparagraph (B), another employer that

3 is a member of the association (or an

4 agent of such association on behalf of the

5 employer) has complied with the require6 ments of subsection (b) with respect to the

7 employment of the individual,

8 the subsequent employer shall be deemed to

9 have complied with the requirements of sub10 section (b) with respect to the hiring of the em11 ployee and shall not be liable for civil penalties

12 described in subsection (e)(5).

13 ‘‘(B) PERIOD.—The period described in

14 this subparagraph is—

15 ‘‘(i) up to 5 years in the case of an in16 dividual who has presented documentation

17 identifying the individual as a national of

18 the United States or as an alien lawfully

19 admitted for permanent residence; or

20 ‘‘(ii) up to 3 years (or, if less, the pe21 riod of time that the individual is author22 ized to be employed in the United States)

23 in the case of another individual.

24 ‘‘(C) LIABILITY.—
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1 ‘‘(i) IN GENERAL.—If any employer

2 that is a member of an association hires

3 for employment in the United States an in4 dividual and relies upon the provisions of

5 subparagraph (A) to comply with the re6 quirements of subsection (b) and the indi7 vidual is an unauthorized alien, then for

8 the purposes of paragraph (1)(A), subject

9 to clause (ii), the employer shall be pre10 sumed to have known at the time of hiring

11 or afterward that the individual was an un12 authorized alien.

13 ‘‘(ii) REBUTTAL OF PRESUMPTION.—

14 The presumption established by clause (i)

15 may be rebutted by the employer only

16 through the presentation of clear and con17 vincing evidence that the employer did not

18 know (and could not reasonably have

19 known) that the individual at the time of

20 hiring or afterward was an unauthorized

21 alien.’’.

22 (d) ELIMINATION OF DATED PROVISIONS.—Section

23 274A (8 U.S.C. 1324a) is amended by striking subsections

24 (i) through (n).

25 (e) EFFECTIVE DATES.—
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1 (1) Except as provided in this subsection, the

2 amendments made by this section shall apply with

3 respect to hiring (or recruiting or referring) occur4 ring on or after such date (not later than 180 days

5 after the date of the enactment of this Act) as the

6 Attorney General shall designate.

7 (2)(A) The Attorney General shall establish the

8 employment eligibility confirmation mechanism (de9 scribed in section 274A(b)(6) of the Immigration

10 and Nationality Act, as added by subsection (b)) by

11 not later than October 1, 1999.

12 (B) Before establishing the mechanism, the At13 torney General shall undertake such pilot projects

14 for all employers, in at least 5 of the 7 States with

15 the highest estimated population of unauthorized

16 aliens, as will test and assure that the mechanism

17 implemented is reliable and easy to use. Such

18 projects shall be initiated not later than 6 months

19 after the date of the enactment of this Act.

20 (C) The Attorney General shall submit to the

21 Congress, beginning in 1997, annual reports on the

22 development and implementation of the mechanism.

23 (3) The amendment made by subsection (c)

24 shall apply to individuals hired on or after 60 days

25 after the date of the enactment of this Act.
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1 (4) The amendment made by subsection (d)

2 shall take effect on the date of the enactment of this

3 Act.

4 SEC. 404. REPORTS ON EARNINGS OF ALIENS NOT AUTHOR5 IZED TO WORK.

6 Subsection (c) of section 290 (8 U.S.C. 1360) is

7 amended to read as follows:

8 ‘‘(c)(1) Not later than 3 months after the end of each

9 fiscal year (beginning with fiscal year 1995), the Commis10 sioner of Social Security shall report to the Committees

11 on the Judiciary of the House of Representatives and the

12 Senate on the aggregate number of social security account

13 numbers issued to aliens not authorized to be employed

14 to which earnings were reported to the Social Security Ad15 ministration in such fiscal year.

16 ‘‘(2) If earnings are reported on or after January 1,

17 1996, to the Social Security Administration on a social

18 security account number issued to an alien not authorized

19 to work in the United States, the Commissioner of Social

20 Security shall provide the Attorney General with informa21 tion regarding the name and address of the alien, the

22 name and address of the person reporting the earnings,

23 and the amount of the earnings. The information shall be

24 provided in an electronic form agreed upon by the Com25 missioner and the Attorney General.’’.
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1 SEC. 405. AUTHORIZING MAINTENANCE OF CERTAIN IN2 FORMATION ON ALIENS.

3 Section 264 (8 U.S.C. 1304) is amended by adding

4 at the end the following new subsection:

5 ‘‘(f) Notwithstanding any other provision of law, the

6 Attorney General is authorized to require any alien to pro7 vide the alien’s social security account number for pur8 poses of inclusion in any record of the alien maintained

9 by the Attorney General or the Service.’’.

10 SEC. 406. LIMITING LIABILITY FOR CERTAIN TECHNICAL

11 VIOLATIONS OF PAPERWORK REQUIRE12 MENTS.

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

14 1324a(e)(1)) is amended—

15 (1) by striking ‘‘and’’ at the end of subpara16 graph (C),

17 (2) by striking the period at the end of sub18 paragraph (D) and inserting ‘‘, and’’, and

19 (3) by adding at the end the following new sub20 paragraph:

21 ‘‘(E) under which a person or entity shall

22 not be considered to have failed to comply with

23 the requirements of subsection (b) based upon

24 a technical or procedural failure to meet a re25 quirement of such subsection in which there

26 was a good faith attempt to comply with the re-
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1 quirement unless (i) the Service (or another en2 forcement agency) has explained to the person

3 or entity the basis for the failure, (ii) the per4 son or entity has been provided a period of not

5 less than 10 business days (beginning after the

6 date of the explanation) within which to correct

7 the failure, and (iii) the person or entity has

8 not corrected the failure voluntarily within such

9 period, except that this subparagraph shall not

10 apply with respect to the engaging by any per11 son or entity of a pattern or practice of viola12 tions of subsection (a)(1)(A) or (a)(2).’’.

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

14 subsection (a) shall apply to failures occurring on or after

15 the date of the enactment of this Act.

16 SEC. 407. REMEDIES IN UNFAIR IMMIGRATION-RELATED

17 DISCRIMINATION ORDERS.

18 (a) REQUIRING CERTAIN REMEDIES.—Section

19 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is amended—

20 (1) in subparagraph (A), by adding at the end

21 the following: ‘‘Such order also shall require the per22 son or entity to comply with the requirements of

23 clauses (ii) and (vi) of subparagraph (B).’’;
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1 (2) in subparagraph (B), by striking ‘‘Such an

2 order’’ and inserting ‘‘Subject to the second sentence

3 of subparagraph (A), such an order’’; and

4 (3) in subparagraph (B)(vi), by inserting before

5 the semicolon at the end the following: ‘‘and to cer6 tify the fact of such education’’.

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

8 subsection (a) shall apply to orders issued on or after the

9 first day of the first month beginning at least 90 days

10 after the date of the enactment of this Act.

11 TITLE V—REFORM OF LEGAL

12 IMMIGRATION SYSTEM

13 SEC. 500. OVERVIEW OF NEW LEGAL IMMIGRATION SYS14 TEM.

15 This title amends the legal immigration provisions of

16 the Immigration and Nationality Act so as to provide for

17 the following (beginning with fiscal year 1997):

18 (1) DIVISION OF IMMIGRATION AMONG 3 CAT19 EGORIES.—There will be a worldwide level of immi20 gration of approximately 535,000, divided among—

21 (A) family-sponsored immigrants, with a

22 worldwide annual numerical limitation (after a

23 transition) of approximately 330,000,
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1 (B) employment-based immigrants, with a

2 worldwide annual numerical limitation of

3 135,000, and

4 (C) humanitarian immigrants, with a

5 worldwide annual numerical limitation (after a

6 transition) of approximately 70,000.

7 Congress is required to reevaluate and reauthorize

8 these numbers every 5 years.

9 (2) FAMILY-SPONSORED IMMIGRANTS.—

10 (A) CATEGORIES.—Family-sponsored im11 migrants are (i) spouses and children of citi12 zens, (ii) spouses and children of permanent

13 resident aliens, and (iii) parents of adult United

14 States citizens if a majority of the sons and

15 daughters of the parents are in the United

16 States and the parents meet certain insurance

17 requirements.

18 (B) NUMERICAL LIMITATIONS.—

19 (i) There will be no direct numerical

20 limit on admission of spouses and children

21 of United States citizens.

22 (ii) The annual numerical limit on ad23 mission of spouses and children of perma24 nent residents will be below 85,000.
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1 (3) EMPLOYMENT-BASED IMMIGRANTS.—Em2 ployment-based immigrants will fall within the fol3 lowing categories and numerical limitations:

4 (A) EXTRAORDINARY IMMIGRANTS.—First,

5 aliens with extraordinary ability, up to 15,000

6 each year.

7 (B) VERY HIGHLY SKILLED IMMI8 GRANTS.—Second, aliens with exceptional abil9 ity, who are members of the professions holding

10 advanced degrees, or who are multinational ex11 ecutives and managers, up to 60,000 each year,

12 plus any left from the previous category.

13 (C) OTHER PROFESSIONALS AND SKILLED

14 WORKERS.—Third, aliens who are either other

15 professionals with a baccalaureate degree and

16 at least 5 years’ experience or skilled workers

17 with at least 7 years of training and work expe18 rience, up to 45,000 each year, plus any left

19 from the previous category.

20 (D) INVESTORS.—Fourth, aliens who are

21 investing at least $1,000,000 in enterprises in

22 the United States that will employ at least 10

23 workers, up to 10,000 each year (with a 2-year

24 pilot program for those investing at least
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1 $500,000 in enterprises employing at least 5

2 workers).

3 (E) CERTAIN SPECIAL IMMIGRANTS.—

4 Lastly, aliens who fall within certain classes of

5 special immigrants (such as religious ministers,

6 aliens who have worked for the Government

7 abroad, certain long-term alien employees of

8 international organizations, certain dependent

9 juveniles, and certain long-term alien members

10 of the Armed Forces), up to 5,000 each year.

11 (4) HUMANITARIAN IMMIGRANTS.—Humani12 tarian immigrants will fall within the following cat13 egories and numerical limitations:

14 (A) REFUGEES.—Refugees, subject to a

15 numerical limitation (after a transition and ex16 cluding emergency refugees) of 50,000 or such

17 higher number as the Congress may provide by

18 law.

19 (B) ASYLEES.—Aliens seeking asylum,

20 subject to no numerical limitation in any year.

21 As under current law, asylees may adjust to

22 permanent residence status at a rate of up to

23 10,000 each year.

24 (C) OTHER HUMANITARIAN IMMI25 GRANTS.—Other immigrants who are of special
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1 humanitarian concern to the United States, up

2 to 10,000 each year.

3 (5) TRANSITION.—

4 (A) ADDITIONAL VISA NUMBERS FOR

5 SPOUSES AND MINOR, UNMARRIED CHILDREN

6 OF PERMANENT RESIDENT ALIENS.—In order

7 to reduce the current backlog for spouses and

8 minor, unmarried children of lawful permanent

9 residents, there will be at least an additional

10 50,000 immigrant visa numbers made available

11 for these aliens for each of 5 fiscal years, with

12 priority for spouses and children of aliens who

13 did not participate in a legalization program.

14 (B) PHASE-DOWN IN NORMAL FLOW REFU15 GEE NUMERICAL LIMITATION.—The annual nu16 merical limitation on non-emergency refugees

17 (without specific approval of Congress) will be

18 phased down to 75,000 in fiscal year 1997 and

19 50,000 in fiscal year 1998 and thereafter.

20 Subtitle A—Worldwide Numerical

21 Limits

22 SEC. 501. WORLDWIDE NUMERICAL LIMITATION ON FAM23 ILY-SPONSORED IMMIGRANTS.

24 (a) OVERVIEW.—
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1 (1) The amendment made by subsection (b)

2 provides for a worldwide level of family-sponsored

3 immigrants of 330,000 less the number of spouses

4 and children of citizens admitted in the previous

5 year.

6 (2) However, there will be no limit on spouses

7 and children of citizens nor would the number of

8 visas available to spouses and children of lawful per9 manent residents go below 85,000.

10 (3) Any excess in family immigration above

11 330,000 would come from other unused visas and, if

12 necessary, from future visa numbers.

13 (4) If there are any unused family visas, those

14 visas would be added to the spouses and children of

15 lawful permanent resident aliens.

16 (b) AMENDMENT.—Subsection (c) of section 201 (8

17 U.S.C. 1151) is amended to read as follows:

18 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

19 IMMIGRANTS.—

20 ‘‘(1) IN GENERAL.—Subject to the succeeding

21 provisions of this subsection, the worldwide level of

22 family-sponsored immigrants under this subsection

23 (in this subsection referred to as the ‘worldwide fam24 ily level’) for a fiscal year is 330,000.
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1 ‘‘(2) REDUCTION FOR SPOUSES AND CHILDREN

2 OF UNITED STATES CITIZENS AND CERTAIN OTHER

3 FAMILY-RELATED IMMIGRANTS.—The worldwide

4 family level for a fiscal year shall be reduced (but

5 not below 85,000) by the number of aliens described

6 in subsection (b)(2) who were issued immigrant

7 visas or who otherwise acquired the status of aliens

8 lawfully admitted to the United States for perma9 nent residence in the previous fiscal year.

10 ‘‘(3) FURTHER REDUCTION FOR ANY PREVIOUS

11 EXCESS FAMILY IMMIGRATION.—

12 ‘‘(A) IN GENERAL.—If there are excess

13 family admissions in a particular fiscal year (as

14 determined under subparagraph (B)) beginning

15 with fiscal year 1997, then for the following fis16 cal year the worldwide family level shall be re17 duced (but not below 85,000) by the net num18 ber of excess admissions in that particular fiscal

19 year (as defined in subparagraph (C)).

20 ‘‘(B) DETERMINATION OF EXCESS FAMILY

21 ADMISSIONS.—For purposes of subparagraph

22 (A), there are excess family admissions in a fis23 cal year if—

24 ‘‘(i) the number of aliens who are is25 sued immigrant visas or who otherwise ac-
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1 quire the status of aliens lawfully admitted

2 to the United States for permanent resi3 dence under section 203(a) or subsection

4 (b)(2) in a fiscal year, exceeds

5 ‘‘(ii) 330,000, less the carryforward

6 number of excess admissions computed for

7 the previous fiscal year (as defined in sub8 paragraph (D)).

9 For purposes of this subparagraph, immigrant

10 visa numbers issued under section 553 of the

11 Immigration in the National Interest Act of

12 1995 (relating to certain transition immigrants)

13 shall not be counted under clause (i).

14 ‘‘(C) NET NUMBER OF EXCESS ADMIS15 SIONS.—For purposes of subparagraph (A), the

16 ‘net number of excess admissions’ for a fiscal

17 year is—

18 ‘‘(i) the excess described in subpara19 graph (B) for the fiscal year, reduced (but

20 not below zero) by

21 ‘‘(ii) the number (if any) by which the

22 worldwide level under subsection (d) for

23 the previous fiscal year exceeds the number

24 of immigrants who are issued immigrant

25 visas or who otherwise acquire the status
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1 of aliens lawfully admitted to the United

2 States for permanent residence under sec3 tion 203(b) in that previous fiscal year.

4 ‘‘(D) CARRYFORWARD NUMBER OF EXCESS

5 ADMISSIONS.—For purposes of subparagraph

6 (B)(ii), the carryforward number of excess ad7 missions for a particular fiscal year is the net

8 number of excess admissions for the previous

9 fiscal year (as defined in subparagraph (C)), re10 duced by the reductions effected under subpara11 graph (A) and paragraph (4) in visa numbers

12 for the particular fiscal year.

13 ‘‘(4) ADJUSTMENT IN CERTAIN EMPLOYMENT14 BASED VISA NUMBERS IN CASE OF REMAINING EX15 CESS FAMILY ADMISSIONS.—

16 ‘‘(A) IN GENERAL.—If there is a remain17 ing excess number of family admissions (as de18 scribed in subparagraph (B)) in a fiscal year

19 (beginning with fiscal year 1997) that is great20 er than zero, then for the following fiscal year

21 there shall be reductions in immigrant visa

22 numbers made available, pursuant to subsection

23 (d) and paragraphs (3) and (4) of section

24 203(b), as follows:
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‘‘(i) FIRST, ADJUSTMENT OF UP TO 1 1 ⁄2

2 OF NUMBERS OF VISAS FOR INVESTORS.—

3 First, the number of immigrant visa num4 bers made available under section

5 203(b)(4) shall be reduced by the lesser

6 of—

7 ‘‘(I) the remaining excess number

8 of family admissions (described in

9 subparagraph (B)), or

‘‘(II) 1 10 ⁄2 of the maximum number

11 of visa numbers that could (but for

12 this paragraph) otherwise be made

13 available under section 203(b)(4) in

14 such following fiscal year.

15 ‘‘(ii) THEN, ADJUSTMENT OF UP TO

1 16 ⁄2 OF NUMBERS OF VISAS FOR PROFES17 SIONALS AND SKILLED WORKERS.—If the

18 remaining excess number of family admis19 sions is greater than the reduction in visa

20 numbers effected under clause (i), then the

21 number of immigrant visa numbers made

22 available under section 203(b)(3) shall be

23 reduced by the lesser of—

24 ‘‘(I) the remaining excess number

25 of family admissions (described in
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1 subparagraph (B)) less the reduction

2 in visa numbers effected under clause

3 (i), or

‘‘(II) 1 4 ⁄2 of the maximum number

5 of visa numbers that could (but for

6 this paragraph) otherwise be made

7 available under section 203(b)(3) in

8 such following fiscal year.

9 ‘‘(B) REMAINING EXCESS NUMBER OF

10 FAMILY ADMISSIONS DESCRIBED.—For pur11 poses of subparagraph (A), the remaining ex12 cess number of family admissions in a fiscal

13 year is the net number of excess admissions for

14 the fiscal year (as defined in paragraph (3)(C)),

15 reduced by the reduction (if any) effected under

16 paragraph (3) in visa numbers for the succeed17 ing fiscal year.’’.

18 SEC. 502. WORLDWIDE NUMERICAL LIMITATION ON EM19 PLOYMENT-BASED IMMIGRANTS.

20 Subsection (d) of section 201 (8 U.S.C. 1151) is

21 amended to read as follows:

22 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

23 IMMIGRANTS.—The worldwide level of employment-based

24 immigrants under this subsection for a fiscal year is—

25 ‘‘(1) 135,000, minus
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1 ‘‘(2) beginning with fiscal year 1998, the total

2 of the reductions (if any) in visa numbers made

3 under subsection (c)(4) for that fiscal year.’’.

4 SEC. 503. 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)(3), by striking ‘‘1995, di9 versity’’ and inserting ‘‘1997, humanitarian’’, and

10 (2) by amending subsection (e) to read as fol11 lows:

12 ‘‘(e) WORLDWIDE LEVEL OF HUMANITARIAN IMMI13 GRANTS.—

14 ‘‘(1) IN GENERAL.—Subject to the succeeding

15 provisions of this subsection, the worldwide level of

16 humanitarian immigrants is equal to 70,000 for

17 each fiscal year.

18 ‘‘(2) REDUCTION FOR HUMANITARIAN IMMI19 GRANTS WHO ARE REFUGEES OR ASYLEES.—Such

20 worldwide level for a fiscal year under paragraph (1)

21 shall be reduced by the sum of—

22 ‘‘(A) 50,000, or, if less, the number of

23 aliens who were admitted as refugees under sec24 tion 207 in the previous fiscal year, and
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1 ‘‘(B) the number of aliens who had been

2 granted asylum whose status was adjusted in

3 the previous fiscal year under section 209(b).

4 ‘‘(3) REDUCTION FOR PRIOR YEAR CANCELLA5 TION OF REMOVAL AND REGISTRY.—Such worldwide

6 level for a fiscal year under paragraph (1) shall be

7 further reduced by the sum of—

8 ‘‘(A) the number of aliens whose removal

9 was canceled and who were provided lawful per10 manent resident status in the previous fiscal

11 year under section 240A, and

12 ‘‘(B) the number of aliens who were pro13 vided permanent resident status in the previous

14 fiscal year under section 249.

15 ‘‘(4) LIMITATION.—In no case shall the world16 wide level for a fiscal year under this subsection

17 (taking into account any reductions under para18 graphs (2) and (3)) exceed 10,000.’’.

19 SEC. 504. REQUIRING CONGRESSIONAL REVIEW AND REAU20 THORIZATION OF WORLDWIDE LEVELS

21 EVERY 5 YEARS.

22 Section 201 (8 U.S.C. 1151) is amended by adding

23 at the end the following new subsection:

24 ‘‘(f) REQUIREMENT FOR PERIODIC REVIEW AND RE25 AUTHORIZATION OF WORLDWIDE LEVELS.—
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1 ‘‘(1) CONGRESSIONAL REVIEW.—The Commit2 tees on the Judiciary of the House of Representa3 tives and of the Senate shall undertake during fiscal

4 year 2004 (and each fifth fiscal year thereafter) a

5 thorough review of the appropriate worldwide levels

6 of immigration to be provided under this section

7 during the 5-fiscal-year period beginning with the

8 second subsequent fiscal year.

9 ‘‘(2) CONGRESSIONAL REAUTHORIZATION.—The

10 Congress, after consideration of the reviews under

11 paragraph (1) and by law, shall specify the appro12 priate worldwide levels of immigration to be provided

13 under this section during the 5-fiscal-year period be14 ginning with the second subsequent fiscal year.

15 ‘‘(3) SUNSET IN ABSENCE OF REAUTHORIZA16 TION.—The worldwide levels specified under the pre17 vious provisions of this section are applicable only to

18 fiscal years 1997 through 2005 and admissions after

19 fiscal year 2005 that are subject to such levels are

20 only authorized to the extent provided by amend21 ment under paragraph (2) made to this section.’’.
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1 Subtitle B—Changes in Preference

2 System

3 SEC. 511. LIMITATION OF IMMEDIATE RELATIVES TO

4 SPOUSES AND CHILDREN.

5 (a) RECLASSIFICATION.—Section 201(b)(2)(A) (8

6 U.S.C. 1151(b)(2)(A)) is amended—

7 (1) in clause (i)—

8 (A) by striking ‘‘IMMEDIATE RELA9 TIVES.—’’ and all that follows through the end

10 of the first sentence and inserting ‘‘An alien

11 who is a spouse or child of a citizen of the

12 United States.’’, and

13 (B) in the second sentence, by striking ‘‘an

14 immediate relative’’ and inserting ‘‘a spouse of

15 a citizen of the United States’’; and

16 (2) in clause (ii), by striking ‘‘an immediate rel17 ative’’ and inserting ‘‘a spouse of a citizen of the

18 United States’’.

19 (b) PROTECTION OF CERTAIN CHILDREN FROM

20 AGING OUT OF PREFERENCE STATUS.—

21 (1) IN GENERAL.—Section 204 (8 U.S.C. 1154)

22 is amended by adding at the end the following new

23 subsection:

24 ‘‘(i) For purposes of applying section 101(b)(1) in the

25 case of issuance of an immigrant visa to, or admission or
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1 adjustment of status of, an alien under section

2 201(b)(1)(A), section 203(a)(1), or 203(d) as a child of

3 a citizen of the United States or a permanent resident

4 alien, the age of the alien shall be determined as of the

5 date of the filing of the classification petition under sec6 tion 204(a)(1) as such a child of a citizen of the United

7 States or a permanent resident alien.’’.

8 (2) EFFECTIVE DATE.—The amendment made

9 by paragraph (1) shall apply to immigrant visas is10 sued on or after October 1, 1996.

11 SEC. 512. CHANGE IN FAMILY-SPONSORED CLASSIFICA12 TION.

13 (a) IN GENERAL.—Section 203(a) (8 U.S.C.

14 1153(a)) is amended by striking paragraphs (1) through

15 (4) and inserting the following:

16 ‘‘(1) SPOUSES AND CHILDREN OF LAWFUL PER17 MANENT RESIDENT ALIENS.—Immigrants who are

18 the spouses and children of an alien lawfully admit19 ted for permanent residence shall be allocated visas

20 in a number not to exceed 85,000, plus any immi21 grant visas not required for the class described in

22 paragraph (2).

23 ‘‘(2) PARENTS OF UNITED STATES CITIZENS.—

24 ‘‘(A) IN GENERAL.—Immigrants who are

25 the qualifying parents (as defined in subpara-
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1 graph (B)) of an individual who is at least 21

2 years of age and a citizen of the United States

3 shall be allocated visas in a number not to ex4 ceed the lesser of—

5 ‘‘(i) 50,000, or

6 ‘‘(ii) the number by which the world7 wide level exceeds 85,000.

8 ‘‘(B) QUALIFICATIONS.—For purposes of

9 subparagraph (A), the term ‘qualifying parent’

10 means an immigrant with respect to whom, as

11 of the date of approval of the classification peti12 tion under section 204(a)(1), at least 50 per13 cent of the immigrant’s sons and daughters are

14 (i) nationals of the United States or aliens law15 fully admitted for permanent residence and (ii)

16 lawfully residing in the United States.

17 ‘‘(C) REFERENCE TO INSURANCE RE18 QUIREMENT.—For requirement relating to in19 surance for qualifying parents, see section

20 212(a)(4)(D).’’.

21 (b) INSURANCE REQUIREMENT.—Section 212(a)(4)

22 (8 U.S.C. 1182(a)(4)), as amended by section 621(a) of

23 this Act, is amended by adding at the end the following

24 new subparagraph:
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1 ‘‘(D) INSURANCE REQUIREMENTS FOR

2 QUALIFYING PARENTS.—

3 ‘‘(i) IN GENERAL.—Any alien who

4 seeks admission as a qualifying parent

5 under section 203(a)(2) is inadmissible un6 less the alien demonstrates at the time of

7 issuance of the visa (and at the time of ad8 mission) to the satisfaction of the consular

9 officer and the Attorney General that the

10 alien—

11 ‘‘(I) will have coverage under an

12 adequate health insurance policy (at

13 least comparable to coverage provided

14 under the medicare program under

15 title XVIII of the Social Security

16 Act), and

17 ‘‘(II) will have coverage with re18 spect to long-term health needs (at

19 least comparable to such coverage

20 provided under the medicaid program

21 under title XIX of such Act for the

22 State in which either the alien intends

23 to reside or in which the petitioner

24 (on behalf of the alien under section

25 204(a)(1)) resides,
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1 throughout the period the individual is re2 siding in the United States.

3 ‘‘(ii) FACTORS TO BE TAKEN INTO AC4 COUNT.—In making a determination under

5 clause (i), the Attorney General shall take

6 into account the age of the qualifying par7 ent and the likelihood of the parent secur8 ing health insurance coverage through em9 ployment.’’.

10 SEC. 513. CHANGE IN EMPLOYMENT-BASED CLASSIFICA11 TION.

12 (a) IN GENERAL.—Section 203(b) (8 U.S.C.

13 1153(b)) is amended by striking paragraphs (1) through

14 (5) and inserting the following:

15 ‘‘(1) ALIENS WITH EXTRAORDINARY ABILITY.—

16 Visas shall first be made available in a number not

17 to exceed 15,000 of such worldwide level to immi18 grants—

19 ‘‘(A) who have extraordinary ability in the

20 sciences, arts, education, business, or athletics

21 which has been demonstrated by sustained na22 tional or international acclaim and whose

23 achievements have been recognized in the field

24 through sufficient documentation,
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1 ‘‘(B) who seek to be admitted into the

2 United States to continue work in the area of

3 extraordinary ability, and

4 ‘‘(C) whose admission into the United

5 States will substantially benefit prospectively

6 the United States.

7 ‘‘(2) ALIENS WHO ARE MEMBERS OF THE PRO8 FESSIONS HOLDING ADVANCED DEGREES OR ALIENS

9 OF EXCEPTIONAL ABILITY.—

10 ‘‘(A) IN GENERAL.—Visas shall be made

11 available, in a number not to exceed 60,000 of

12 such worldwide level, plus any visas not re13 quired for the class specified in paragraph (1),

14 to immigrants who are aliens described in sub15 paragraph (B) or (C).

16 ‘‘(B) ALIENS WHO ARE MEMBERS OF THE

17 PROFESSIONS HOLDING ADVANCED DEGREES

18 OR ALIENS OF EXCEPTIONAL ABILITY.—

19 ‘‘(i) IN GENERAL.—An alien is de20 scribed in this subparagraph if the alien is

21 a member of a profession holding an ad22 vanced degree or its equivalent or who be23 cause of exceptional ability in the sciences,

24 arts, or business will substantially benefit

25 prospectively the national economy, cul-
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1 tural or educational interests, or welfare of

2 the United States, and whose services in

3 the sciences, arts, professions, or business

4 are sought by an employer in the United

5 States.

6 ‘‘(ii) DETERMINATION OF EXCEP7 TIONAL ABILITY.—In determining under

8 clause (i) whether an immigrant has excep9 tional ability, the possession of a degree,

10 diploma, certificate, or similar award from

11 a college, university, school, or other insti12 tution of learning or a license to practice

13 or certification for a particular profession

14 or occupation shall not by itself be consid15 ered sufficient evidence of such exceptional

16 ability.

17 ‘‘(iii) LABOR CERTIFICATION RE18 QUIRED.—An immigrant visa may not be

19 issued to an immigrant under this sub20 paragraph until the consular officer is in

21 receipt of a determination made by the

22 Secretary of Labor pursuant to the provi23 sions of section 212(a)(5)(A).

24 ‘‘(C) CERTAIN MULTINATIONAL EXECU25 TIVES AND MANAGERS.—An alien is described
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1 in this subparagraph if the alien, in the 3 years

2 preceding the time of the alien’s application for

3 classification and admission into the United

4 States under this subparagraph, has been em5 ployed for at least 1 year by a firm or corpora6 tion or other legal entity or an affiliate or sub7 sidiary thereof and the alien seeks to enter the

8 United States in order to continue to render

9 services to the same employer or to a subsidiary

10 or affiliate thereof in a capacity that is manage11 rial or executive.

12 ‘‘(3) SKILLED WORKERS AND PROFES13 SIONALS.—

14 ‘‘(A) IN GENERAL.—Visas shall be made

15 available, in a number not to exceed 45,000 of

16 such worldwide level, plus any visas not re17 quired for the classes specified in paragraphs

18 (1) and (2) less the reduction in visa numbers

19 under this paragraph required to be effected

20 under section 201(c)(4)(A)(ii) for the fiscal

21 year involved, to aliens described in subpara22 graph (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,
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1 of performing skilled labor (requiring at least 2

2 years training or experience), not of a tem3 porary or seasonal nature, for which qualified

4 workers are not available in the United States,

5 who has a total of 7 years of training or experi6 ence (or both) with respect to such labor.

7 ‘‘(C) PROFESSIONALS.—(i) An alien de8 scribed in this subparagraph is an immigrant

9 who holds a baccalaureate degree and is a

10 member of the professions and, subject to

11 clause (ii), has at least 5 years of experience in

12 the profession after the receipt of the degree.

13 ‘‘(ii) An alien who is a teacher and has

14 (within the previous 5 years) at least 2 years of

15 experience teaching a language (other than

16 English) full-time at an accredited elementary

17 or middle school may be classified and admitted

18 as a professional under this subparagraph not19 withstanding that the alien does not have 5

20 years of experience in the profession if the alien

21 is seeking admission to teach such language

22 full-time in an accredited elementary or middle

23 school.

24 ‘‘(D) LABOR CERTIFICATION REQUIRED.—

25 An immigrant visa may not be issued to an im-
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1 migrant under this paragraph until the consular

2 officer is in receipt of a determination made by

3 the Secretary of Labor pursuant to the provi4 sions of section 212(a)(5)(A).

5 ‘‘(4) INVESTORS IN JOB CREATION.—

6 ‘‘(A) IN GENERAL.—Visas shall be made

7 available, in a number not to exceed 10,000 of

8 such worldwide level less the reduction in visa

9 numbers under this paragraph required to be

10 effected under section 201(c)(4)(A)(i) for the

11 fiscal year involved, to immigrants seeking to

12 enter the United States for the purpose of en13 gaging in a new commercial enterprise—

14 ‘‘(i) which the alien has established,

15 ‘‘(ii) in which such alien has invested

16 (after the date of the enactment of the Im17 migration Act of 1990), or is actively in

18 the process of investing, capital in an

19 amount not less $1,000,000, and

20 ‘‘(iii) which will benefit the United

21 States economy and create full-time em22 ployment for not fewer than 10 United

23 States citizens or aliens lawfully admitted

24 for permanent residence or other immi25 grants lawfully authorized to be employed
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1 in the United States (other than the immi2 grant and the immigrant’s spouse, sons, or

3 daughters).

4 ‘‘(B) PILOT PROGRAM.—For each of fiscal

5 years 1997 and 1998, up to 2,000 visas other6 wise made available under this paragraph shall

7 be made available to immigrants who would be

8 described in subparagraph (A) if ‘$500,000’

9 were substituted for ‘$1,000,000’ in subpara10 graph (A)(ii) and if ‘for not fewer than 5’ were

11 substituted for ‘for not fewer than 10’ in sub12 paragraph (A)(iii). By not later than April 1,

13 1998, the Attorney General shall submit to

14 Congress a report on the operation of this sub15 paragraph and shall include in the report infor16 mation describing the immigrants admitted

17 under this paragraph and the enterprises they

18 invest in and a recommendation on whether the

19 pilot program under this subparagraph should

20 be continued or modified.

21 ‘‘(5) CERTAIN SPECIAL IMMIGRANTS.—Visas

22 shall be made available, in a number not to exceed

23 5,000 of such worldwide level, to qualified special

24 immigrants described in section 101(a)(27) (other

25 than those described in subparagraph (A) thereof),
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1 of which not more than 4,000 may be made available

2 in any fiscal year to special immigrants described in

3 subclause (II) or (III) of section 101(a)(27)(C)(ii).’’.

4 (b) CONDITIONAL STATUS FOR CERTAIN FOREIGN

5 LANGUAGE TEACHERS.—(1) Title II is amended by in6 serting after section 216A the following new section:

7 ‘‘CONDITIONAL PERMANENT RESIDENT STATUS FOR

8 CERTAIN FOREIGN LANGUAGE TEACHERS

9 ‘‘SEC. 216B. (a) IN GENERAL.—Subject to the suc10 ceeding provisions of this section, section 216A shall apply

11 to an alien foreign language teacher (as defined in sub12 section (d)(1)) and to an alien spouse or alien child (as

13 defined in subsection (d)(2)) in the same manner as such

14 section applies to an alien entrepreneur and an alien

15 spouse or alien child.

16 ‘‘(b) TIMING FOR PETITION.—

17 ‘‘(1) IN GENERAL.—In applying section 216A

18 under subsection (a), any reference to a ‘second an19 niversary of an alien’s lawful admission for perma20 nent residence’ is deemed a reference to the end of

21 the time period described in paragraph (2).

22 ‘‘(2) TIME PERIOD FOR DETERMINATION.—The

23 time period described in this paragraph is 5 years

24 less the period of experience, during the 5-year pe25 riod ending on the date the alien foreign language
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1 teacher obtains permanent resident status, of teach2 ing a language (other than English) full-time at an

3 accredited elementary or middle school.

4 ‘‘(c) REQUIREMENT FOR TOTAL OF 5 YEARS’ TEACH5 ING EXPERIENCE.—In applying section 216A under sub6 section (a), the determination of the Attorney General

7 under subsection (b)(1) of such section shall be whether

8 (and the facts and information under subsection (d)(1) of

9 such section shall demonstrate that) the alien has been

10 employed on a substantially full-time basis as a foreign

11 language teacher at an accredited elementary or middle

12 school in the United States during the period since obtain13 ing permanent residence status (instead of the determina14 tions described in section 216A(b)(1) and of the facts and

15 information described in section 216A(d)(1)).

16 ‘‘(d) DEFINITIONS.—In this section:

17 ‘‘(1) The term ‘alien foreign language teacher’

18 means an alien who obtains the status of an alien

19 lawfully admitted for permanent residence (whether

20 on a conditional basis or otherwise) under section

21 203(b)(3)(C)(ii) on the basis of less than 5 years’

22 teaching experience.

23 ‘‘(2) The term ‘alien spouse’ and the term ‘alien

24 child’ mean an alien who obtains the status of an

25 alien lawfully admitted for permanent residence
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1 (whether on a conditional basis or otherwise) by vir2 tue of being the spouse or child, respectively, of an

3 alien foreign language teacher.’’.

4 (2) The table of contents of the Immigration and Na5 tionality Act is amended by inserting after the item relat6 ing to section 216A the following:

‘‘Sec. 216B. Conditional permanent resident status for certain foreign language

teachers.’’.

7 SEC. 514. AUTHORIZATION TO REQUIRE PERIODIC CON8 FIRMATION OF CLASSIFICATION PETITIONS.

9 (a) IN GENERAL.—Section 204(b) (8 U.S.C.

10 1154(b)) is amended by inserting ‘‘(1)’’ after ‘‘(b)’’ and

11 by adding at the end the following new paragraph:

12 ‘‘(2)(A) The Attorney General may provide that a pe13 tition approved with respect to an alien (and the priority

14 date established with respect to the petition) shall expire

15 after a period (specified by the Attorney General and of

16 not less than 2 years) following the date of approval of

17 the petition, unless the petitioner files with the Attorney

18 General a form described in subparagraph (B).

19 ‘‘(B) The Attorney General shall specify the form to

20 be used under this paragraph. Such form shall be de21 signed—

22 ‘‘(i) to reconfirm the continued intention of the

23 petitioner to seek admission of the alien based on

24 the classification involved, and
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1 ‘‘(ii) as may be provided by the Attorney Gen2 eral, to update the contents of the original classifica3 tion petition.

4 ‘‘(C) The Attorney General may apply subparagraph

5 (A) to one or more classes of classification petitions and

6 for different periods of time for different classes of such

7 petitions, as specified by the Attorney General.’’.

8 (b) EFFECTIVE DATE.—(1) Except as provided in

9 paragraph (2), the amendments made by subsection (a)

10 shall not apply to classification petitions filed before Octo11 ber 1, 1996.

12 (2) The Attorney General may apply such amend13 ments to such classification petitions, but only in a man14 ner so that no such petition expires under such amend15 ments before October 1, 2000.

16 SEC. 515. CHANGES IN SPECIAL IMMIGRANT STATUS.

17 (a) REPEALING CERTAIN OBSOLETE PROVISIONS.—

18 Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is amended by

19 striking subparagraphs (B), (E), (F), (G), and (H).

20 (b) SPECIAL IMMIGRANT STATUS FOR CERTAIN

21 NATO CIVILIAN EMPLOYEES.—Section 101(a)(27) (8

22 U.S.C. 1101(a)(27)) is further amended—

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

24 (J),
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1 (2) by striking the period at the end of sub2 paragraph (K) and inserting ‘‘; or’’, and

3 (3) by adding at the end the following new sub4 paragraph:

5 ‘‘(L) an immigrant who would be described in

6 clause (i), (ii), (iii), or (iv) of subparagraph (I) if

7 any reference in such a clause—

8 ‘‘(i) to an international organization de9 scribed in paragraph (15)(G)(i) were treated as

10 a reference to the North American Treaty Or11 ganization (NATO);

12 ‘‘(ii) to a nonimmigrant under paragraph

13 (15)(G)(iv) were treated as a reference to a

14 nonimmigrant classifiable under NATO–6 (as a

15 member of a civilian component accompanying

16 a force entering in accordance with the provi17 sions of the NATO Status-of-Forces Agree18 ment, a member of a civilian component at19 tached to or employed by an Allied Head20 quarters under the ‘Protocol on the Status of

21 International Military Headquarters’ set up

22 pursuant to the North Atlantic Treaty, or as a

23 dependent); and

24 ‘‘(iii) to the Immigration Technical Correc25 tions Act of 1988 or to the Immigration and
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1 Nationality Technical Corrections Act of 1994

2 were a reference to the Immigration in the Na3 tional Interest Act of 1995.’’.

4 (c) CONFORMING NONIMMIGRANT STATUS FOR CER5 TAIN PARENTS OF SPECIAL IMMIGRANT CHILDREN.—

6 Section 101(a)(15)(N) (8 U.S.C. 1101(a)(15)(N)) is

7 amended—

8 (1) by inserting ‘‘(or under analogous authority

9 under paragraph (27)(L))’’ after ‘‘(27)(I)(i)’’, and

10 (2) by inserting ‘‘(or under analogous authority

11 under paragraph (27)(L))’’ after ‘‘(27)(I)’’.

12 (d) EXTENSION OF SUNSET FOR RELIGIOUS WORK13 ERS.—Section 101(a)(27)(C)(ii) (8 U.S.C.

14 1101(a)(27)(C)(ii)) is amended by striking ‘‘1997’’ and

15 inserting ‘‘2005’’ each place it appears.

16 (e) ADDITIONAL CONFORMING AMENDMENTS.—

17 (1) Section 201(b)(1)(A) (8 U.S.C.

18 1151(b)(1)(A)) is amended by striking ‘‘or (B)’’.

19 (2) Section 203(b)(4) (8 U.S.C. 1153(b)(4)) is

20 amended by striking ‘‘or (B)’’.

21 (3) Section 214(l)(3) (8 U.S.C. 1184(l)(3)), as

22 redesignated by section 815(a)(4)(A) of this Act, is

23 amended by striking ‘‘, who has not otherwise been

24 accorded status under section 101(a)(27)(H),’’.
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1 (4) Section 245(c)(2) (8 U.S.C. 1255(c)(2)) is

2 amended by striking ‘‘101(a)(27)(H), (I),’’ and in3 serting ‘‘101(a)(27)(I),’’.

4 (f) EFFECTIVE DATES.—(1) Except as provided in

5 this section, the amendments made by this section shall

6 take effect on the date of the enactment of this Act.

7 (2) The amendments made by subsection (a) shall not

8 apply to any alien with respect to whom an application

9 for special immigrant status under a subparagraph re10 pealed by such amendments has been filed by not later

11 than September 30, 1996.

12 SEC. 516. REQUIREMENTS FOR REMOVAL OF CONDITIONAL

13 STATUS OF ENTREPRENEURS.

14 (a) IN GENERAL.—Section 216A(b) (8 U.S.C.

15 1186b(b)) is amended—

16 (1) by amending clause (ii) of paragraph (1)(B)

17 to read as follows:

18 ‘‘(ii) subject to paragraph (3), the alien did

19 not invest (and maintain investment of) the

20 requisite capital, or did not employ the requisite

21 number of employees, throughout substantially

22 the entire period since the alien’s admission;

23 or’’, and

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

25 paragraph:
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1 ‘‘(3) EXCEPTIONS.—

2 ‘‘(A) GOOD FAITH EXCEPTION.—Para3 graph (1)(B)(ii) shall not apply to an alien to

4 the extent that the alien continues to attempt

5 in good faith throughout the period since ad6 mission to invest (and maintain investment of)

7 the requisite capital, and to employ the req8 uisite number of employees, but was unable to

9 do so due to circumstances for which the alien

10 should not justly be held responsible.

11 ‘‘(B) EXTENSION.—In the case of an alien

12 to whom the exception under subparagraph (A)

13 applies, the application period under subsection

14 (d)(2) (and period for termination under para15 graph (1)) shall be extended (for up to 3 addi16 tional years) by such additional period as may

17 be necessary to enable the alien to have had the

18 requisite capital and number of employees

19 throughout a 2-year period. Such extension

20 shall terminate at any time at which the Attor21 ney General finds that the alien has not contin22 ued to attempt in good faith to invest such cap23 ital and employ such employees.’’.
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1 (b) EFFECTIVE DATE.—The amendments made by

2 subsection (a) shall apply to aliens admitted on or after

3 the date of the enactment of this Act.

4 SEC. 517. MISCELLANEOUS CONFORMING AMENDMENTS.

5 (a) CONFORMING AMENDMENTS RELATING TO IMME6 DIATE RELATIVES.—

7 (1) Section 101(b)(1)(F) (8 U.S.C.

8 1101(b)(1)(F)) is amended by striking ‘‘as an imme9 diate relative under section 201(b)’’ and inserting

10 ‘‘as a child of a citizen of the United States’’.

11 (2) Section 204 (8 U.S.C. 1154) is amended—

12 (A) in subsection (a)(1)(A)(i), by striking

13 ‘‘paragraph (1), (3), or (4) of section 203(a) or

14 to an immediate relative status’’ and inserting

15 ‘‘section 203(a)(2) or to status as the spouse or

16 child of a citizen of the United States’’;

17 (B) in subsection (a)(1)(A)(iii), by striking

18 ‘‘as an immediate relative’’ and inserting ‘‘as

19 the spouse of a citizen of the United States’’;

20 (C) in subsection (a)(1)(iv), by striking ‘‘as

21 an immediate relative’’ and inserting ‘‘as a

22 child of a citizen of the United States’’;

23 (D) in subsection (b), by striking ‘‘an im24 mediate relative specified in section 201(b)’’
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1 and inserting ‘‘a spouse or child of a citizen of

2 the United States under section 201(b)’’;

3 (E) in subsection (c), by striking ‘‘an im4 mediate relative or preference’’ and inserting ‘‘a

5 preferential’’;

6 (F) in subsection (e)—

7 (i) by striking ‘‘an immediate rel8 ative’’ and inserting ‘‘a spouse or child of

9 a citizen of the United States’’, and

10 (ii) by striking ‘‘his’’ and ‘‘he’’ and in11 serting ‘‘the alien’s’’ and ‘‘the alien’’, re12 spectively; and

13 (G) in subsection (g), by striking ‘‘imme14 diate relative status’’ and inserting ‘‘status as a

15 spouse or child of a citizen of the United States

16 or other’’.

17 (3) Section 212(a)(6)(E)(ii) (8 U.S.C.

18 1182(a)(6)(E)(ii)) is amended by striking ‘‘an imme19 diate relative’’ and inserting ‘‘a spouse, child, or par20 ent of a citizen of the United States’’.

21 (4) Section 212(d)(11) (8 U.S.C. 1182(d)(11))

22 is amended by striking ‘‘an immediate relative’’ and

23 inserting ‘‘a spouse or child of a citizen of the Unit24 ed States’’.
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1 (5) Section 216(g)(1)(A) (8 U.S.C.

2 1186a(g)(1)(A)) is amended by striking ‘‘an imme3 diate relative (described in section 201(b)) as the

4 spouse of a citizen of the United States’’ and insert5 ing ‘‘as the spouse of a citizen of the United States

6 (described in section 201(b))’’.

7 (6) Section 221(a) (8 U.S.C. 1201(a)) is

8 amended by striking ‘‘, immediate relative,’’.

9 (7)(A) Section 224 (8 U.S.C. 1204) is amend10 ed—

11 (i) by amending the heading to read as fol12 lows:

13 ‘‘VISAS FOR SPOUSES AND CHILDREN OF CITIZENS AND

14 SPECIAL IMMIGRANTS’’,

15 (ii) by striking ‘‘immediate relative’’ the

16 first place it appears and inserting ‘‘a spouse or

17 child of a citizen of the United States’’, and

18 (iii) by striking ‘‘immediate relative sta19 tus’’ and inserting ‘‘status or status as a spouse

20 or child of a citizen of the United States’’.

21 (B) The item in the table of contents relating

22 to section 224 is amended to read as follows:

‘‘Sec. 224. Visas for spouses and children of citizens and special immigrants.’’.

23 (8) Subsection (a)(1)(E)(ii) of section 241 (8

24 U.S.C. 1251), before redesignation as section 237 by

25 section 305(2), is amended by striking ‘‘an imme-
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1 diate relative’’ and inserting ‘‘a spouse, child, or par2 ent of a citizen of the United States under section

3 201(b) or 203(a)(2)’’.

4 (9) Section 245(c) (8 U.S.C. 1255(c)) is

5 amended by striking ‘‘an immediate relative as de6 fined in section 201(b)’’ and inserting ‘‘a spouse or

7 child of a citizen of the United States under section

8 201(b) or a parent of a citizen under section

9 203(a)(2)’’ each place it appears.

10 (10) Section 291 (8 U.S.C. 1361) is amended

11 by striking ‘‘immigrant, special immigrant, imme12 diate relative’’ and inserting ‘‘immigrant status, spe13 cial immigrant status, status as a spouse or child of

14 a citizen of the United States’’.

15 (11) Section 401 of the Immigration Reform

16 and Control Act of 1986 is amended by striking

17 ‘‘immediate relatives’’ and inserting ‘‘spouses and

18 children of citizens’’.

19 (b) CONFORMING AMENDMENTS FOR OTHER FAM20 ILY-SPONSORED IMMIGRANTS.—

21 (1) PETITIONING REQUIREMENTS.—Section

22 204 (8 U.S.C. 1154) is amended—

23 (A) in subsection (a)(1)(B)(i), by striking

24 ‘‘203(a)(2)’’ and inserting ‘‘203(a)(1)’’;
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1 (B) in clauses (ii) and (iii) of subsection

2 (a)(1), by striking ‘‘203(a)(2)(A)’’ and inserting

3 ‘‘203(a)(1)’’; and

4 (C) in subsection (f)(1), by striking ‘‘,

5 203(a)(1), or 203(a)(3)’’ and inserting ‘‘or

6 203(a)(2)’’.

7 (2) APPLICATION OF PER COUNTRY LEVELS.—

8 Section 202 (8 U.S.C. 1152) is amended—

9 (A) by amending paragraph (4) of sub10 section (a) to read as follows:

11 ‘‘(4) SPECIAL RULES FOR SPOUSES AND CHIL12 DREN OF LAWFUL PERMANENT RESIDENT ALIENS.—

13 ‘‘(A) 75 PERCENT OF 1ST PREFERENCE

14 NOT SUBJECT TO PER COUNTRY LIMITATION.—

15 Of the visa numbers made available under sec16 tion 203(a) to immigrants described in para17 graph (1) of that section in any fiscal year,

18 63,750 shall be issued without regard to the

19 numerical limitation under paragraph (2).

20 ‘‘(B) LIMITING PASS DOWN FOR CERTAIN

21 COUNTRIES SUBJECT TO SUBSECTION (e).—In

22 the case of a foreign state or dependent area to

23 which subsection (e) applies, if the total number

24 of visas issued under section 203(a)(1) exceeds

25 the maximum number of visas that may be
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1 made available to immigrants of the state or

2 area under such section consistent with sub3 section (e) (determined without regard to this

4 paragraph), in applying paragraph (2) of sec5 tion 203(a) under subsection (e)(2) all visas

6 shall be deemed to have been required for the

7 classes specified in paragraph (1) of such sec8 tion.’’; and

9 (B) in subsection (e)—

10 (i) in paragraph (1), by inserting be11 fore the semicolon the following: ‘‘(deter12 mined without regard to subsections (c)(4)

13 and (d)(2) of section 201)’’,

14 (ii) in paragraph (2), by striking

15 ‘‘paragraphs (1) through (4)’’ and insert16 ing ‘‘paragraphs (1) and (2)’’, and

17 (iii) in the last sentence, by striking

18 ‘‘203(a)(2)(A)’’ and inserting ‘‘203(a)(1)’’.

19 (3) ADDITIONAL CONFORMING AMENDMENTS.—

20 (A) Section 203(d) (8 U.S.C. 1153(d)) is

21 amended by striking ‘‘(a)’’ and inserting

22 ‘‘(a)(2)’’.

23 (B) Section 212(a)(6)(E)(ii) (8 U.S.C.

24 1182(a)(6)(E)(ii)) is amended by striking

25 ‘‘203(a)(2)’’ and inserting ‘‘203(a)(1)’’.
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1 (C) Section 212(d)(11) (8 U.S.C.

2 1182(d)(11)) is amended by striking ‘‘immi3 grant under section 203(a) (other than para4 graph (4) thereof)’’ and inserting ‘‘an immigra5 tion under section 203(a)’’.

6 (D) Section 216(g)(1)(C) (8 U.S.C.

7 1186a(g)(1)(C)) is amended by striking

8 ‘‘203(a)(2)’’ and inserting ‘‘203(a)(1)’’.

9 (E) Section 241(a)(1)(E)(ii) (8 U.S.C.

10 1251(a)(1)(E)(ii)), before redesignation as sec11 tion 237 under section 305(a)(2), is amended

12 by striking ‘‘203(a)(2)’’ and inserting

13 ‘‘203(a)(1)’’.

14 (F) Section 2(c) of the Virgin Islands Non15 immigrant Alien Adjustment Act of 1982 (Pub16 lic Law 97–271) is amended—

17 (i) in paragraph (2), by inserting ‘‘or

18 first family preference petitions’’ after

19 ‘‘second preference petitions’’;

20 (ii) in paragraph (3)(A), by striking

21 ‘‘or’’ at the end;

22 (iii) in paragraph (3)(B), by striking

23 the period at the end and inserting ‘‘, or’’;

24 (iv) by adding at the end of para25 graph (3) the following new subparagraph:
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1 ‘‘(C) by virtue of a first family preference peti2 tion filed by an individual who was admitted to the

3 United States as an immigrant by virtue of a second

4 family preference petition filed by the son or daugh5 ter of the individual, if that son or daughter had his

6 or her status adjusted under this section.’’; and

7 (v) in paragraph (4), by striking ‘‘on

8 or after such date).’’ and inserting the fol9 lowing: ‘‘on or after such date and before

10 October 1, 1996). For purposes of this

11 subsection, the terms ‘first family pref12 erence petition’ and ‘second family pref13 erence petition’ mean, in the case of an

14 alien, a petition filed under section 204(a)

15 of the Act to grant preference status to the

16 alien by reason of the relationship de17 scribed in section 203(a)(1) or 203(a)(2),

18 respectively (as in effect on and after Octo19 ber 1, 1996).’’.

20 (c) CONFORMING AMENDMENTS RELATING TO EM21 PLOYMENT-BASED IMMIGRANTS.—

22 (1) TREATMENT OF SPECIAL K IMMIGRANTS.—

23 Section 203(b)(6)(B) (8 U.S.C. 1153(b)(6)(B)) is

24 amended—
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1 (A) in clause (i), by striking ‘‘reduced by

1 2 ⁄3’’ and inserting ‘‘reduced by the same propor3 tion, as the proportion (of the visa numbers

4 made available under all such paragraphs) that

5 were made available under each respective para6 graph,’’, and

7 (B) in clause (iii), by striking ‘‘reduced by

1 8 ⁄3’’ and inserting ‘‘reduced by the same propor9 tion, as the proportion (of the visa numbers

10 made available under all such paragraphs to na11 tives of the foreign state) that were made avail12 able under each respective paragraph to such

13 natives,’’.

14 (2) CONFORMING AMENDMENTS RELATING TO

15 PETITIONING RIGHTS.—Section 204(a)(1) (8 U.S.C.

16 1154(a)(1)) is amended—

17 (A) in subparagraph (C), by striking

18 ‘‘203(b)(1)(A)’’ and inserting ‘‘203(b)(1)’’;

19 (B) in subparagraph (D), by striking ‘‘sec20 tion 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or

21 203(b)(3)’’ and inserting ‘‘section 203(b)(2) or

22 203(b)(3)’’;

23 (C) in subparagraph (E)(i), by striking

24 ‘‘203(b)(4)’’ and inserting ‘‘203(b)(5)’’;
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1 (D) in subparagraph (F), by striking

2 ‘‘203(b)(5)’’ and inserting ‘‘203(b)(4)’’; and

3 (E) by redesignating subparagraphs (E)

4 and (F) as subparagraphs (F) and (E), respec5 tively, and by moving subparagraph (E) (as so

6 redesignated) to precede subparagraph (F) (as

7 so redesignated).

8 (3) GROUND FOR INADMISSIBILITY.—Section

9 212(a)(5)(C) (8 U.S.C. 1182(a)(5)(C)) is amended

10 by striking ‘‘(2)’’ and inserting ‘‘(2)(B)’’.

11 (4) OTHER CONFORMING AMENDMENTS.—

12 (A) Subsections (b)(1)(C) and (f)(1) of

13 section 216A (8 U.S.C. 1186b) are each

14 amended by striking ‘‘203(b)(5)’’ and inserting

15 ‘‘203(b)(4)’’.

16 (B) Section 245(j)(3) (8 U.S.C.

17 1255(j)(3)), as added by section 130003(c)(1)

18 Violent Crime Control and Law Enforcement

19 Act of 1994 (Public Law 103–322) and as re20 designated by section 815(a)(4)(A) of this Act,

21 is amended by striking ‘‘203(b)(4)’’ and insert22 ing ‘‘203(b)(5)’’.

23 (C) Section 154(b)(1)(B)(i) of the Immi24 gration Act of 1990 is amended by striking

25 ‘‘1991)’’ and inserting ‘‘1991, and before Octo-
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1 ber 1, 1996) or under section 203(a),

2 203(b)(1), or 203(b)(2)(C) (as in effect on and

3 after October 1, 1996)’’.

4 (D) Section 206(a) of the Immigration Act

5 of 1990 is amended by striking ‘‘203(b)(1)(C)’’

6 and inserting ‘‘203(b)(2)(C)’’.

7 (E) Section 610 of Public Law 102–395 is

8 amended—

9 (i) in subsection (a), by striking ‘‘sec10 tion 203(b)(5) of the Immigration and Na11 tionality Act (8 U.S.C. 1153(b)(5))’’ and

12 inserting ‘‘section 203(b)(4) of the Immi13 gration and Nationality Act (8 U.S.C.

14 1153(b)(4))’’,

15 (ii) in subsection (b), by striking ‘‘sec16 tion 203(b)(5)’’ and inserting ‘‘section

17 203(b)(4)’’, and

18 (iii) in subsection (c), by striking

19 ‘‘203(b)(5)(A)(iii)’’ and inserting

20 ‘‘203(b)(4)(A)(iii)’’.

21 (F) Section 2(d)(2) of the Chinese Student

22 Protection Act of 1992 (Public Law 102–404)

23 is amended—
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1 (i) in subparagraph (A), by striking

2 ‘‘203(b)(3)(A)(i)’’ and inserting

3 ‘‘203(b)(3)(B)’’, and

4 (ii) in subparagraph (B), by striking

5 ‘‘203(b)(5)’’ and inserting ‘‘203(b)(4)’’.

6 (G) The Soviet Scientists Immigration Act

7 of 1992 (Public Law 102–509) is amended—

8 (i) in sections 3 and 4(a), by striking

9 ‘‘203(b)(2)(A) of the Immigration and Na10 tionality Act (8 U.S.C. 1153(b)(2)(A))’’

11 and inserting ‘‘203(b)(2)(B)(i) of the Im12 migration and Nationality Act (8 U.S.C.

13 1153(b)(2)(B)(i))’’, and

14 (ii) in section 4(c), by striking

15 ‘‘203(b)(2)(A) of the Immigration and Na16 tionality Act (8 U.S.C. 1153(b)(2)(A))’’

17 and inserting ‘‘203(b)(2)(B) of the Immi18 gration and Nationality Act (8 U.S.C.

19 1153(b)(2)(B))’’.

20 (d) REPEAL OF CERTAIN OUTDATED PROVISIONS.—

21 The following provisions of law are repealed:

22 (1) Section 9 of Public Law 94–571 (90 Stat.

23 2707).

24 (2) Section 19 of Public Law 97-116 (95 Stat.

25 1621).
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1 Subtitle C—Refugees, Asylees, Pa2 role, and Humanitarian Admis3 sions

4 SEC. 521. CHANGES IN REFUGEE ANNUAL ADMISSIONS.

5 (a) IN GENERAL.—Paragraphs (1) and (2) of section

6 207(a) (8 U.S.C. 1157(a)) are amended to read as follows:

7 ‘‘(1) Except as provided in paragraph (2) and sub8 section (b), the number of refugees who may be admitted

9 under this section in any fiscal year shall be such number

10 as the President determines, before the beginning of the

11 fiscal year and after appropriate consultation, is justified

12 by humanitarian concerns or is otherwise in the national

13 interest.

14 ‘‘(2)(A) Except as provided in subparagraph (B), the

15 number determined under paragraph (1) for a fiscal year

16 may not exceed—

17 ‘‘(i) 75,000 in the case of fiscal year 1997, or

18 ‘‘(ii) 50,000 in the case of any succeeding fiscal

19 year.

20 ‘‘(B) The number determined under paragraph (1)

21 for a fiscal year may exceed the limit specified under sub22 paragraph (A) if Congress enacts a law providing for a

23 higher number.’’.

24 (b) EFFECTIVE DATE.—The amendment made by

25 subsection (a) shall apply beginning with fiscal year 1997.
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1 SEC. 522. FIXING NUMERICAL ADJUSTMENTS FOR ASYLEES

2 AT 10,000 EACH YEAR.

3 (a) IN GENERAL.—Section 209(b) (8 U.S.C.

4 1159(b)) of such Act is amended by striking ‘‘Not more

5 than’’ and all that follows through ‘‘who—’’ and inserting

6 the following: ‘‘The Attorney General, in the Attorney

7 General’s discretion and under such regulations as the At8 torney General may prescribe, and in a number not to ex9 ceed 10,000 aliens in any fiscal year, may adjust to the

10 status of an alien lawfully admitted for permanent resi11 dence the status of any alien granted asylum who—’’.

12 (b) CONFORMING AMENDMENT.—Section 207(a) (8

13 U.S.C. 1157(a)) is amended by striking paragraph (4).

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

15 this section shall take effect on October 1, 1996.

16 SEC. 523. INCREASED RESOURCES FOR REDUCING ASYLUM

17 APPLICATION BACKLOGS.

18 (a) AUTHORIZATION OF TEMPORARY EMPLOYMENT

19 OF CERTAIN ANNUITANTS AND RETIREES.—

20 (1) IN GENERAL.—For the purpose of perform21 ing duties in connection with adjudicating applica22 tions for asylum pending as of the date of the enact23 ment of this Act, the Attorney General may employ

24 for a period not to exceed 24 months (beginning 3

25 months after the date of the enactment of this Act)

26 not more than 300 individuals (at any one time)
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1 who, by reason of separation from service on or be2 fore January 1, 1995, are receiving—

3 (A) annuities under the provisions of sub4 chapter III of chapter 83 of title 5, United

5 States Code, or chapter 84 of such title;

6 (B) annuities under any other retirement

7 system for employees of the Federal Govern8 ment; or

9 (C) retired or retainer pay as retired offi10 cers of regular components of the uniformed

11 services.

12 (2) NO REDUCTION IN ANNUITY OR RETIRE13 MENT PAY OR REDETERMINATION OF PAY DURING

14 TEMPORARY EMPLOYMENT.—

15 (A) RETIREES UNDER CIVIL SERVICE RE16 TIREMENT SYSTEM AND FEDERAL EMPLOYEES’

17 RETIREMENT SYSTEM.—In the case of an indi18 vidual employed under paragraph (1) who is re19 ceiving an annuity described in paragraph

20 (1)(A)—

21 (i) such individual’s annuity shall con22 tinue during the employment under para23 graph (1) and shall not be increased as a

24 result of service performed during that em25 ployment;
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1 (ii) retirement deductions shall not be

2 withheld from such individual’s pay; and

3 (iii) such individual’s pay shall not be

4 subject to any deduction based on the por5 tion of such individual’s annuity which is

6 allocable to the period of employment.

7 (B) OTHER FEDERAL RETIREES.—The

8 President shall apply the provisions of subpara9 graph (A) to individuals who are receiving an

10 annuity described in paragraph (1)(B) and who

11 are employed under paragraph (1) in the same

12 manner and to the same extent as such provi13 sions apply to individuals who are receiving an

14 annuity described in paragraph (1)(A) and who

15 are employed under paragraph (1).

16 (C) RETIRED OFFICERS OF THE UNIFORM

17 SERVICES.—The retired or retainer pay of a re18 tired officer of a regular component of a uni19 formed service shall not be reduced under sec20 tion 5532 of title 5, United States Code, by

21 reason of temporary employment authorized

22 under paragraph (1).

23 (b) PROCEDURES FOR PROPERTY ACQUISITION ON

24 LEASING.—Notwithstanding the Federal Property and

25 Administrative Services Act of 1949 (40 U.S.C. 471 et
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1 seq.), the Attorney General is authorized to expend out

2 of funds made available to the Department of Justice for

3 the administration of the Immigration and Nationality Act

4 such amounts as may be necessary for the leasing or ac5 quisition of property to carry out the purpose described

6 in subsection (a)(1).

7 (c) INCREASE IN ASYLUM OFFICERS.—Subject to the

8 availability of appropriations, the Attorney General shall

9 provide for an increase in the number of asylum officers

10 to at least 600 asylum officers by fiscal year 1997.

11 SEC. 524. PAROLE AVAILABLE ONLY ON A CASE-BY-CASE

12 BASIS FOR HUMANITARIAN REASONS OR SIG13 NIFICANT PUBLIC BENEFIT.

14 (a) IN GENERAL.—Paragraph (5) of section 212(d)

15 (8 U.S.C. 1182(d)) is amended to read as follows:

16 ‘‘(5) HUMANITARIAN AND PUBLIC INTEREST PA17 ROLE.—

18 ‘‘(A) IN GENERAL.—Subject to the provisions of

19 this paragraph and section 214(f)(2), the Attorney

20 General, in the sole discretion of the Attorney Gen21 eral, may on a case-by-case basis parole an alien into

22 the United States temporarily, under such conditions

23 as the Attorney General may prescribe, only—

24 ‘‘(i) for an urgent humanitarian reason (as

25 described under subparagraph (B)); or
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1 ‘‘(ii) for a reason deemed strictly in the

2 public interest (as described under subpara3 graph (C)).

4 ‘‘(B) HUMANITARIAN PAROLE.—The Attorney

5 General may parole an alien based on an urgent hu6 manitarian reason described in this subparagraph

7 only if—

8 ‘‘(i) the alien has a medical emergency and

9 the alien cannot obtain necessary treatment in

10 the foreign state in which the alien is residing

11 or the medical emergency is life-threatening and

12 there is insufficient time for the alien to be ad13 mitted through the normal visa process;

14 ‘‘(ii) the alien is needed in the United

15 States in order to donate an organ or other tis16 sue for transplant into a close family member;

17 or

18 ‘‘(iii) the alien has a close family member

19 in the United States whose death is imminent

20 and the alien could not arrive in the United

21 States in time to see such family member alive

22 if the alien were to be admitted through the

23 normal visa process.

24 ‘‘(C) PUBLIC INTEREST PAROLE.—The Attor25 ney General may parole an alien based on a reason
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1 deemed strictly in the public interest described in

2 this subparagraph only if the alien has assisted the

3 United States Government in a matter, such as a

4 criminal investigation, espionage, or other similar

5 law enforcement activity, and either the alien’s pres6 ence in the United States is required by the Govern7 ment or the alien’s life would be threatened if the

8 alien were not permitted to come to the United

9 States.

10 ‘‘(D) LIMITATION ON THE USE OF PAROLE AU11 THORITY.—The Attorney General may not use the

12 parole authority under this paragraph to permit to

13 come to the United States aliens who have applied

14 for and have been found to be ineligible for refugee

15 status or any alien to whom the provisions of this

16 paragraph do not apply.

17 ‘‘(E) PAROLE NOT AN ADMISSION.—Parole of

18 an alien under this paragraph shall not be consid19 ered an admission of the alien into the United

20 states. When the purposes of the parole of an alien

21 have been served, as determined by the Attorney

22 General, the alien shall immediately return or be re23 turned to the custody from which the alien was pa24 roled and the alien shall be considered for admission
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1 to the United States on the same basis as other

2 similarly situated applicants for admission.

3 ‘‘(F) REPORT TO CONGRESS.—Not later than

4 90 days after the end of each fiscal year, the Attor5 ney General shall submit a report to the Committees

6 on the Judiciary of the House of Representatives

7 and the Senate describing the number and cat8 egories of aliens paroled into the United States

9 under this paragraph. Each such report shall con10 tain information and data concerning the number

11 and categories of aliens paroled, the duration of pa12 role, and the current status of aliens paroled during

13 the preceding fiscal year.’’.

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

15 subsection (a) shall take effect on the first day of the first

16 month beginning more than 60 days after the date of the

17 enactment of this Act.

18 SEC. 525. ADMISSION OF HUMANITARIAN IMMIGRANTS.

19 (a) IN GENERAL.—Subsection (c) of section 203 (8

20 U.S.C. 1153) is amended to read as follows:

21 ‘‘(c) HUMANITARIAN IMMIGRANTS.—

22 ‘‘(1) IN GENERAL.—Aliens subject to the world23 wide level specified in section 201(e) for humani24 tarian immigrants shall be allotted visas only if the

25 aliens have been selected by the Attorney General,
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1 under paragraph (2), as of special humanitarian

2 concern to the United States.

3 ‘‘(2) SELECTION OF IMMIGRANTS.—

4 ‘‘(A) IN GENERAL.—The Attorney General

5 shall, on a case-by-case basis and based on hu6 manitarian concerns and the public interest, se7 lect aliens for purposes of this subsection.

8 ‘‘(B) RESTRICTION.—The Attorney Gen9 eral may not select an alien under this para10 graph if the alien is a refugee (within the mean11 ing of section 101(a)(42)) unless the Attorney

12 General determines that compelling reasons in

13 the public interest with respect to that particu14 lar alien require that the alien be admitted into

15 the United States as a humanitarian immigrant

16 under this subsection rather than as a refugee

17 under section 207.

18 ‘‘(3) ANNUAL REPORT.—Not later than 90 days

19 after the end of each fiscal year, the Attorney Gen20 eral shall submit to the Committees on the Judiciary

21 of the House of Representatives and of the Senate

22 a report describing the number of immigrant visas

23 issued under this subsection and the individuals to

24 whom the visas were issued.’’.
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1 (b) PETITIONING.—Subparagraph (G) of section

2 204(a)(1) (8 U.S.C. 1154(a)(1)) is amended to read as

3 follows:

4 ‘‘(G) Any alien desiring to be provided an immigrant

5 visa under section 203(c) may file a petition with the At6 torney General for such classification, but only if the At7 torney General has identified the alien as possibly qualify8 ing for such a visa.’’.

9 (c) ORDER OF CONSIDERATION.—Section 203 (8

10 U.S.C. 1153) is amended—

11 (1) by amending paragraph (2) of subsection

12 (e) to read as follows:

13 ‘‘(2) Immigrant visa numbers made available under

14 subsection (c) (relating to humanitarian immigrants) shall

15 be issued to eligible immigrants in an order specified by

16 the Attorney General.’’, and

17 (2) in subsection (g), by striking ‘‘(a), (b), and

18 (c)’’ and inserting ‘‘(a) and (b)’’.

19 (d) APPLICATION OF PER COUNTRY NUMERICAL

20 LIMITATIONS.—Section 202(a) (8 U.S.C. 1152(a)) is

21 amended by adding at the end the following new para22 graph:

23 ‘‘(5) PER COUNTRY LEVELS FOR HUMANI24 TARIAN IMMIGRANTS.—The total number of immi25 grant visas made available to natives of any single
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1 foreign state or dependent area under section 203(c)

2 in any fiscal year may not exceed 50 percent (in the

3 case of a single foreign state) or 15 percent (in the

4 case of a dependent area) of the total number of

5 such visas made available under such subsection in

6 that fiscal year.’’.

7 (e) WAIVER OF CERTAIN GROUNDS OF INADMIS8 SIBILITY.—Section 212(a) (8 U.S.C. 1182(a)) is amend9 ed—

10 (1) in paragraph (4), as amended by section

11 621, by adding at the end the following new sub12 paragraph:

13 ‘‘(C) WAIVER AUTHORIZED FOR HUMANI14 TARIAN IMMIGRANTS.—The Attorney General,

15 in the discretion of the Attorney General, may

16 waive the ground of inadmissibility under sub17 paragraph (A) in the case of an alien seeking

18 admission as a humanitarian immigrant under

19 section 203(c).’’;

20 (2) in paragraph (5)(C), by inserting before the

21 period at the end the following: ‘‘, and shall not

22 apply to immigrants seeking admissions as humani23 tarian immigrants under section 203(c)’’; and
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1 (3) in paragraph (7)(A), by redesignating

2 clause (ii) as clause (iii) and by inserting after

3 clause (i) the following new clause:

4 ‘‘(ii) WAIVER AUTHORIZED FOR HU5 MANITARIAN IMMIGRANTS.—The Attorney

6 General, in the discretion of the Attorney

7 General, may waive the ground of inadmis8 sibility under clause (i) in the case of an

9 alien seeking admission as a humanitarian

10 immigrant under section 203(c).’’.

11 (f) CONFORMING AMENDMENTS RELATING TO

12 ELIMINATION OF DIVERSITY PROGRAM.—

13 (1) Section 141(c) of the Immigration Act of

14 1990 is amended by striking paragraph (2).

15 (2) Section 204(b)(1) of Immigration Act of

16 1990 is amended by inserting ‘‘, as in effect before

17 fiscal year 1996’’ after ‘‘Immigration and National18 ity Act’’.

19 SEC. 526. ASYLUM REFORM.

20 (a) ASYLUM REFORM.—Section 208 (8 U.S.C. 1158)

21 is amended to read as follows:

22 ‘‘ASYLUM

23 ‘‘SEC. 208. (a) AUTHORITY TO APPLY FOR ASY24 LUM.—Any alien who is physically present in the United

25 States or who arrives in the United States (whether or

26 not at a designated port of arrival), at a land border or
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1 port of entry, irrespective of such alien’s status, may apply

2 for asylum in accordance with this section.

3 ‘‘(b) CONDITIONS FOR GRANTING ASYLUM.—

4 ‘‘(1) MANDATORY AUTHORITY.—The Attorney

5 General shall grant asylum to an alien if the alien

6 applies for asylum in accordance with the require7 ments of this section and establishes that it is more

8 likely than not that in the alien’s country of nation9 ality (or, in the case of a person having no national10 ity, the country in which such alien last habitually

11 resided) such alien’s life or freedom would be threat12 ened on account of race, religion, nationality, mem13 bership in a particular social group, or political opin14 ion.

15 ‘‘(2) DISCRETIONARY AUTHORITY.—The Attor16 ney General may grant asylum to an alien if the

17 alien applies for asylum in accordance with the re18 quirements of this section and establishes that the

19 alien is a refugee within the meaning of section

20 101(a)(42).

21 ‘‘(3) LIMITATIONS.—(A) Paragraphs (1) and

22 (2) shall not apply to an alien if the Attorney Gen23 eral determines that—

24 ‘‘(i) the alien ordered, incited, assisted, or

25 otherwise participated in the persecution of any
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1 person on account of race, religion, nationality,

2 membership in a particular social group, or po3 litical opinion;

4 ‘‘(ii) the alien, having been convicted by a

5 final judgment of a particularly serious crime,

6 constitutes a danger to the community of the

7 United States;

8 ‘‘(iii) there are serious reasons for believ9 ing that the alien has committed a serious non10 political crime outside the United States prior

11 to the arrival of the alien in the United States;

12 ‘‘(iv) there are reasonable grounds for re13 garding the alien as a danger to the security of

14 the United States;

15 ‘‘(v) the alien is inadmissible under

16 subclause (I), (II), or (III) of section

17 212(a)(3)(B)(i) or removable under section

18 237(a)(4)(B) (relating to terrorist activity); or

19 ‘‘(vi) a country willing to accept the alien

20 has been identified (other than the country de21 scribed in paragraph (1)) to which the alien can

22 be removed or returned and the alien does not

23 establish that it is more likely than not that the

24 alien’s life or freedom would be threatened in

25 such country on account of race, religion, na-
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1 tionality, membership in a particular social

2 group, or political opinion.

3 ‘‘(B)(i) For purposes of subparagraph (A)(ii),

4 an alien who has been convicted of an aggravated

5 felony shall be considered to have committed a par6 ticularly serious crime.

7 ‘‘(ii) The Attorney General shall promulgate

8 regulations that specify additional crimes that will

9 be considered to be a crime described in subpara10 graph (A)(ii) or (A)(iii).

11 ‘‘(iii) The Attorney General shall promulgate

12 regulations establishing such additional limitations

13 and conditions as the Attorney General considers ap14 propriate under which an alien shall be ineligible to

15 apply for asylum under paragraph (2).

16 ‘‘(c) ASYLUM STATUS.—

17 ‘‘(1) IN GENERAL.—In the case of any alien

18 granted asylum under subsection (b), the Attorney

19 General, in accordance with this section—

20 ‘‘(A) shall not remove or return the alien

21 to the country described in subsection (b)(1);

22 ‘‘(B) shall authorize the alien to engage in

23 employment in the United States and provide

24 the alien with an ‘employment authorized’ en-
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1 dorsement or other appropriate work permit;

2 and

3 ‘‘(C) may allow the alien to travel abroad

4 with the prior consent of the Attorney General.

5 ‘‘(2) LIMITATIONS.—Asylum status does not in6 clude or convey a right to remain permanently in the

7 United States.

8 ‘‘(d) TERMINATION OF ASYLUM.—Asylum granted

9 under subsection (b) may be terminated if the Attorney

10 General, pursuant to such regulations as the Attorney

11 General may prescribe, determines that—

12 ‘‘(1) the alien no longer meets the conditions

13 described in subsection (b) owing to a change in cir14 cumstances in the alien’s country of nationality or,

15 in the case of an alien having no nationality, in the

16 country in which the alien last habitually resided;

17 ‘‘(2) the alien meets a condition described in

18 subsection (b)(3); or

19 ‘‘(3) a country willing to accept the alien has

20 been identified (other than the country described in

21 subsection (b)(1)) to which the alien can be removed

22 or returned and the alien cannot establish that it is

23 more likely than not that the alien’s life or freedom

24 would be threatened in such country on account of
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1 race, religion, nationality, membership in a particu2 lar social group, or political opinion.

3 ‘‘(e) ACCEPTANCE BY ANOTHER COUNTRY.—In the

4 case of an alien described in subsection (b)(3)(A)(vi) or

5 subsection (d)(3), the alien’s removal or return shall be

6 directed by the Attorney General in the sole discretion of

7 the Attorney General, to any country which is willing to

8 accept the alien into its territory (other than the country

9 described in subsection (b)(1)).

10 ‘‘(f) ASYLUM PROCEDURE.—

11 ‘‘(1) APPLICATIONS.—

12 ‘‘(A) DEADLINE.—(i) Subject to clause

13 (ii), an alien’s application for asylum shall not

14 be considered under this section unless—

15 ‘‘(I) the alien has filed, not later than

16 30 days after being admitted or coming to

17 the United States, notice of intention to

18 file such an application, and

19 ‘‘(II) such application is actually filed

20 not later than 60 days after being admit21 ted or coming to the United States.

22 ‘‘(ii) An application for asylum may be

23 considered, notwithstanding that the require24 ments of clause (i) have not been met, only if

25 the alien demonstrates by clear and convincing
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1 evidence changed circumstances in the alien’s

2 country of nationality (or in the case of an alien

3 with no nationality, in the country where the

4 alien has habitually resided) affecting eligibility

5 for asylum.

6 ‘‘(B) REQUIREMENTS.—An application for

7 asylum shall not be considered unless the alien

8 submits to the taking of fingerprints and a pho9 tograph in a manner determined by the Attor10 ney General.

11 ‘‘(C) FEES.—In the discretion of the At12 torney General, the Attorney General may im13 pose reasonable fees for the consideration of an

14 application for asylum, for employment author15 ization under this section, and for adjustment

16 of status under section 209(b). The Attorney

17 General is authorized to provide for the assess18 ment and payment of any such fee over a pe19 riod of time or by installments.

20 ‘‘(D) NOTICE OF PRIVILEGE OF COUNSEL

21 AND CONSEQUENCES OF FRIVOLOUS APPLICA22 TION.—

23 ‘‘(i) NOTICE.—At the time of filing a

24 notice of intention to apply for asylum, the

25 alien shall be advised of the privilege of
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1 being presented by counsel and of the con2 sequences, under subsection (h), of filing a

3 frivolous application for asylum.

4 ‘‘(ii) PROVISION OF LIST OF COUN5 SEL.—The Attorney General shall provide

6 lists (updated not less often than quar7 terly) of persons who have indicated their

8 availability to represent pro bono aliens in

9 asylum proceedings. Such lists shall be

10 provided to the alien at the time of filing

11 of notice of intention to apply for asylum,

12 and otherwise be made generally available.

13 ‘‘(E) EMPLOYMENT AUTHORIZATION.—An

14 applicant for asylum is not entitled to engage in

15 employment in the United States. The Attorney

16 General may authorize an alien who has filed

17 an application for asylum to engage in employ18 ment in the United States, in the discretion of

19 the Attorney General.

20 ‘‘(2) CONSIDERATION OF ASYLUM APPLICA21 TIONS.—

22 ‘‘(A) IN GENERAL.—The Attorney General

23 shall establish a procedure for considering ap24 plications for asylum submitted pursuant to

25 paragraph (1). Such procedure shall include—
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1 ‘‘(i) a requirement that, unless an ap2 plicant (or an attorney for an applicant)

3 consents in writing to the contrary, hear4 ings on asylum applications shall com5 mence not later than 45 days after the

6 date an application is filed;

7 ‘‘(ii) a requirement that applications

8 for asylum shall be considered by asylum

9 officers who are specially designated by the

10 Service as having special training and

11 knowledge of international conditions and

12 human rights records of foreign countries;

13 and

14 ‘‘(iii) summary dismissal of applica15 tions for asylum of an alien who does not

16 appear for a hearing on such application,

17 unless the alien can show exceptional cir18 cumstances (as defined in section 239(e)),

19 as determined by the asylum officer, or un20 less written and oral notice were not pro21 vided as required by section 239.

22 ‘‘(B) FINALITY OF DETERMINATIONS.—

23 The decision of an asylum officer shall be the

24 final administrative determination of a claim

25 for asylum.
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1 ‘‘(g) TREATMENT OF SPOUSE AND CHILDREN.—A

2 spouse or child (as defined in section 101(b)(1)(A), (B),

3 (C), (D), or (E)) of an alien who is granted asylum under

4 subsection (f)(2) may, if not otherwise eligible for asylum

5 under this section, be granted the same status as the alien

6 if accompanying, or following to join, such alien.

7 ‘‘(h) DENIAL OF IMMIGRATION BENEFITS FOR FRIV8 OLOUS APPLICATIONS.—

9 ‘‘(1) IN GENERAL.—If the asylum officer deter10 mines that an alien has made a frivolous application

11 for asylum under this section and the alien has re12 ceived the notice under subsection (f)(1)(D)(i), the

13 alien shall be permanently ineligible for any benefits

14 under this Act, effective as of the date of a final de15 termination on such application.

16 ‘‘(2) TREATMENT OF MATERIAL MISREPRESEN17 TATIONS.—For purposes of this subsection, an appli18 cation considered to be ‘frivolous’ includes, but is

19 not limited to, an application which contains a will20 ful misrepresentation or concealment of a material

21 fact.

22 ‘‘(i) JUDICIAL REVIEW.—The procedure prescribed

23 by, and all the provisions of chapter 158 of title 28, United

24 States Code, shall apply to, and shall be the sole and ex-
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1 clusive procedure for, the judicial review of all final orders

2 granting or denying asylum, except that—

3 ‘‘(1) a petition for review may be filed not later

4 than 90 days after the date of the issuance of the

5 final order granting or denying asylum;

6 ‘‘(2) the venue of any petition for review under

7 this subsection shall be in the judicial circuit in

8 which the administrative proceedings before an asy9 lum officer were conducted in whole or in part, or

10 in the judicial circuit therein is the residence, as de11 fined in this Act, of the petitioner, but not in more

12 than one circuit; and

13 ‘‘(3) notwithstanding any other provision of

14 law, a determination granting or denying asylum

15 based on changed circumstances pursuant to sub16 section (f)(1)(A)(ii) shall be in the sole discretion of

17 the asylum officer.’’.

18 (b) CONFORMING AND CLERICAL AMENDMENTS.—

19 (1) The item in the table of contents relating to section

20 208 is amended to read as follows:

‘‘Sec. 208. Asylum.’’.

21 (2) Section 104(d)(1)(A) of the Immigration Act of

22 1990 (Public Law 101–649) is amended by striking

23 ‘‘208(b)’’ and inserting ‘‘208’’.

24 (c) EFFECTIVE DATE.—The amendment made by

25 subsection (a) shall apply to applications for asylum filed
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1 on or after such date (not later than 180 days after the

2 date of the enactment of this Act) as the Attorney General

3 shall specify.

4 Subtitle D—General Effective Date;

5 Transition Provisions

6 SEC. 551. GENERAL EFFECTIVE DATE.

7 (a) IN GENERAL.—Except as otherwise provided in

8 subsection (b) or in this title, this title and the amend9 ments made by this title shall take effect on October 1,

10 1996, and shall apply beginning with fiscal year 1997.

11 (b) PROVISIONS TAKING EFFECT UPON ENACT12 MENT.—Sections 523 and 554 shall take effect on the date

13 of the enactment of this Act.

14 SEC. 552. GENERAL TRANSITION FOR CURRENT CLASSI15 FICATION PETITIONS.

16 (a) FAMILY-SPONSORED IMMIGRANTS.—

17 (1) IMMEDIATE RELATIVES.—Any petition filed

18 under section 204(a) of the Immigration and Na19 tionality Act before October 1, 1996, for immediate

20 relative status under section 201(b)(2)(A) of such

21 Act (as in effect before such date) as a spouse or

22 child of a United States citizen or as a parent of a

23 United States citizen shall be deemed, as of such

24 date, to be a petition filed under such section for

25 status under section 201(b)(2)(A) (as such a spouse
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1 or child) or under section 203(a)(2), respectively, of

2 such Act (as 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

8 alien lawfully admitted for permanent residence shall

9 be deemed, as of such date, to be a petition filed

10 under such section for preference status under sec11 tion 203(a)(1) of such Act (as amended by this

12 title).

13 (b) EMPLOYMENT-BASED IMMIGRANTS.—

14 (1) IN GENERAL.—Subject to paragraph (2),

15 any petition filed before October 1, 1996, and ap16 proved on any date, to accord status under section

17 203(b)(1)(A), 203(b)(1)(B), 203(b)(1)(C),

18 203(b)(2), 203(b)(3)(A)(i), 203(b)(3)(A)(ii),

19 203(b)(4), or 203(b)(5) of the Immigration and Na20 tionality Act (as in effect before such date) shall be

21 deemed, on and after October 1, 1996 (or, if later,

22 the date of such approval), to be a petition approved

23 to accord status under section 203(b)(1),

24 203(b)(2)(B), 203(b)(2)(C), 203(b)(2)(B),

25 203(b)(3)(B), 203(b)(3)(C), 203(b)(5), or 203(b)(4),
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1 respectively, of such Act (as in effect on and after

2 such date). Nothing in this paragraph shall be con3 strued as exempting the beneficiaries of such peti4 tions from the numerical limitations under section

5 203(b) of such Act (as amended by section 513).

6 (2) TIME LIMITATION.—Paragraph (1) shall

7 not apply more than two years after the date the

8 priority date for issuance of a visa on the basis of

9 such a petition has been reached.

10 (c) ADMISSIBILITY STANDARDS.—When an immi11 grant, in possession of an unexpired immigrant visa issued

12 before October 1, 1996, makes application for admission,

13 the immigrant’s admissibility under paragraph (7)(A) of

14 section 212(a) of the Immigration and Nationality Act

15 shall be determined under the provisions of law in effect

16 on the date of the issuance of such visa.

17 (d) CONSTRUCTION.—Nothing in this title shall be

18 construed as affecting the provisions of section 19 of Pub19 lic Law 97–116, section 2(c)(1) of Public Law 97–271,

20 or section 202(e) of Public Law 99–603.

21 SEC. 553. SPECIAL TRANSITION FOR CERTAIN BACK22 LOGGED SPOUSES AND CHILDREN OF LAW23 FUL PERMANENT RESIDENT ALIENS.

24 (a) IN GENERAL.—(1) In addition to any immigrant

25 visa numbers otherwise available, 50,000 (or, if greater,
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1 1 ⁄5 of the number of aliens described in paragraph (2))

2 immigrant visa numbers shall be made available in each

3 of fiscal years 1997 through 2001 for aliens who have peti4 tions approved for classification under section 203(a)(1)

5 of the Immigration and Nationality Act (as amended by

6 this title) for the fiscal year.

7 (2) Aliens described in this paragraph are aliens, for

8 whom petitions are pending as of the beginning of the fis9 cal year involved, with respect to whom the petitioning

10 alien became an alien admitted for lawful permanent resi11 dence through the operation of section 210 or 245A of

12 the Immigration and Nationality Act.

13 (b) ORDER.—(1) Subject to paragraph (2), visa num14 bers under this section shall be made available in the order

15 in which a petition, in behalf of each such immigrant for

16 classification under section 203(a)(1) of the Immigration

17 and Nationality Act, is filed with the Attorney General

18 under section 204 of such Act.

19 (2) Visa numbers shall first be made available to

20 aliens for whom the petitioning alien did not become an

21 alien lawfully admitted for permanent residence thorough

22 the operation of section 210 or 245A of the Immigration

23 and Nationality Act.

24 (3) The per country numerical limitations of section

25 202 of such Act shall not apply with respect to visa num-
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1 bers made available under this section, and visa numbers

2 made available under this section shall not be counted in

3 determining whether there are excess family admissions

4 in a fiscal year under section 201(c)(3)(B) of the Immi5 gration and Nationality Act (as amended by section

6 501(b) of this Act).

7 (c) REPORT.—The Attorney General shall submit to

8 Congress, by April 1, 2001, a report on the operation of

9 this section and the extent to which this section will, by

10 October 1, 2001, have resulted in visa numbers being

11 available to immigrants described in paragraphs (1) and

12 (2) of subsection (b) being available on a current basis.

13 SEC. 554. SPECIAL TREATMENT OF CERTAIN DISADVAN14 TAGED FAMILY FIRST PREFERENCE IMMI15 GRANTS.

16 (a) DISREGARD OF PER COUNTRY LIMITS FOR LAST

17 HALF OF FISCAL YEAR 1996.—The per country numeri18 cal limitations specified in section 202(a) of the Immigra19 tion and Nationality Act shall not apply to immigrant

20 numbers made available under section 203(a)(1) of such

21 Act (as in effect before the date of the enactment of this

22 Act) on or after April 1, 1996, but only to the extent nec23 essary to assure that the priority date for aliens classified

24 under such section who are nationals of a country is not

25 earlier than the priority date for aliens classified under
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1 section 203(a)(2)(B) of such Act for aliens who are na2 tionals of that country.

3 (b) ADDITIONAL VISA NUMBERS POTENTIALLY

4 AVAILABLE TO ASSURE EQUITABLE TREATMENT FOR

5 UNMARRIED SONS AND DAUGHTERS OF UNITED STATES

6 CITIZENS.—

7 (1) IN GENERAL.—In addition to any immi8 grant visa otherwise available, immigrant visa num9 bers shall be made available during fiscal year 1997

10 for disadvantaged family first preference aliens (as

11 defined in paragraph (2)) and for spouses and chil12 dren of such aliens who would otherwise be eligible

13 to immigrant status under section 203(d) of the Im14 migration and Nationality Act in relation to such

15 aliens if the aliens remained entitled to immigrant

16 status under section 203(a) of such Act.

17 (2) DISADVANTAGED FAMILY FIRST PREF18 ERENCE ALIEN DEFINED.—In this subsection, the

19 term ‘‘disadvantaged family first preference alien’’

20 means an alien—

21 (A) with respect to whom a petition for

22 classification under section 203(a)(1) of the Im23 migration and Nationality Act (as in effect on

24 the date of the enactment of this Act) was ap25 proved as of September 30, 1996, and
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1 (B) whose priority date, as of September

2 30, 1996, under such classification was earlier

3 than the priority date as of such date for aliens

4 of the same nationality with respect to whom a

5 petition for classification under section

6 203(a)(2)(B) of such Act (as in effect on such

7 date) had been approved.

8 (3) DISREGARD OF PER COUNTRY NUMERICAL

9 LIMITATIONS.—Additional visa numbers made avail10 able under this subsection shall not be taken into ac11 count for purposes of applying any numerical limita12 tion applicable to the country under section 202 of

13 such Act, and visa numbers made available under

14 this subsection shall not be counted in determining

15 whether there are excess family admissions in a fis16 cal year under section 201(c)(3)(B) of the Immigra17 tion and Nationality Act (as amended by section

18 501(b) of this Act).

19 TITLE VI—RESTRICTIONS ON

20 BENEFITS FOR ALIENS

21 SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING

22 WELFARE AND IMMIGRATION.

23 The Congress makes the following statements con24 cerning national policy with respect to welfare and immi25 gration:
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1 (1) Self-sufficiency has been a basic principle of

2 United States immigration law since this country’s

3 earliest immigration statutes.

4 (2) It continues to be the immigration policy of

5 the United States that—

6 (A) aliens within the nation’s borders not

7 depend on public resources to meet their needs,

8 but rather rely on their own capabilities and the

9 resources of their families, their sponsors, and

10 private organizations, and

11 (B) the availability of public benefits not

12 constitute an incentive for immigration to the

13 United States.

14 (3) Despite the principle of self-sufficiency,

15 aliens have been applying for and receiving public

16 benefits from Federal, State, and local governments

17 at increasing rates.

18 (4) Current eligibility rules for public assistance

19 and unenforceable financial support agreements have

20 proved wholly incapable of assuring that individual

21 aliens not burden the public benefits system.

22 (5) It is a compelling government interest to

23 enact new rules for eligibility and sponsorship agree24 ments in order to assure that aliens be self-reliant

25 in accordance with national immigration policy.
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1 (6) It is a compelling government interest to re2 move the incentive for illegal immigration provided

3 by the availability of public benefits.

4 (7) Where States are authorized to follow Fed5 eral eligibility rules for public assistance programs,

6 the Congress strongly encourages the States to

7 adopt the Federal eligibility rules.

8 Subtitle A—Eligibility of Illegal

9 Aliens for Public Benefits

10 PART 1—PUBLIC BENEFITS GENERALLY

11 SEC. 601. MAKING ILLEGAL ALIENS INELIGIBLE FOR PUB12 LIC ASSISTANCE, CONTRACTS, AND LI13 CENSES.

14 (a) FEDERAL PROGRAMS.—Notwithstanding any

15 other provision of law, except as provided in section 603,

16 any alien who is not lawfully present in the United States

17 shall not be eligible for any of the following:

18 (1) FEDERAL ASSISTANCE PROGRAMS.—To re19 ceive any benefits under any program of assistance

20 provided or funded, in whole or in part, by the Fed21 eral Government for which eligibility (or the amount

22 of assistance) is based on financial need.

23 (2) FEDERAL CONTRACTS OR LICENSES.—To

24 receive any grant, to enter into any contract or loan

25 agreement, or to be issued (or have renewed) any
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1 professional or commercial license, if the grant, con2 tract, loan, or license is provided or funded by any

3 Federal agency.

4 (b) STATE PROGRAMS.—Notwithstanding any other

5 provision of law, except as provided in section 603, any

6 alien who is not lawfully present in the United States shall

7 not be eligible for any of the following:

8 (1) STATE ASSISTANCE PROGRAMS.—To receive

9 any benefits under any program of assistance (not

10 described in subsection (a)(1)) provided or funded,

11 in whole or in part, by a State or political subdivi12 sion of a State for which eligibility (or the amount

13 of assistance) is based on financial need.

14 (2) STATE CONTRACTS OR LICENSES.—To re15 ceive any grant, to enter into any contract or loan

16 agreement, or to be issued (or have renewed) any

17 professional or commercial license, if the grant, con18 tract, loan, or license is provided or funded by any

19 State agency.

20 (c) REQUIRING PROOF OF IDENTITY FOR FEDERAL

21 CONTRACTS, GRANTS, LOANS, LICENSES, AND PUBLIC

22 ASSISTANCE.—

23 (1) IN GENERAL.—In considering an applica24 tion for a Federal contract, grant, loan, or license,

25 or for public assistance under a program described
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1 in paragraph (2), a Federal agency shall require the

2 applicant to provide proof of identity under para3 graph (3) to be considered for such Federal con4 tract, grant, loan, license, or public assistance.

5 (2) PUBLIC ASSISTANCE PROGRAMS COV6 ERED.—The requirement of proof of identity under

7 paragraph (1) shall apply to the following Federal

8 public assistance programs:

9 (A) SSI.—The supplemental security in10 come program under title XVI of the Social Se11 curity Act, including State supplementary bene12 fits programs referred to in such title.

13 (B) AFDC.—The program of aid to fami14 lies with dependent children under part A or E

15 of title IV of the Social Security Act.

16 (C) SOCIAL SERVICES BLOCK GRANT.—The

17 program of block grants to States for social

18 services under title XX of the Social Security

19 Act.

20 (D) MEDICAID.—The program of medical

21 assistance under title XIX of the Social Secu22 rity Act.

23 (E) FOOD STAMPS.—The program under

24 the Food Stamp Act of 1977.
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1 (F) HOUSING ASSISTANCE.—Financial as2 sistance as defined in section 214(b) of the

3 Housing and Community Development Act of

4 1980.

5 (3) DOCUMENTS THAT SHOW PROOF OF IDEN6 TITY.—Any one of the documents listed under this

7 paragraph may be used as proof of identity under

8 this subsection. Any such document shall be current

9 and valid. No other document or documents shall be

10 sufficient to prove identity.

11 (A) United States passport (either current

12 or expired if issued both within the previous 20

13 years and after the individual attained 18 years

14 of age).

15 (B) Resident alien card.

16 (C) State driver’s license, if presented with

17 the individual’s social security account number

18 card.

19 (D) State identity card, if presented with

20 the individual’s social security account number

21 card.

22 (d) AUTHORIZATION FOR STATES TO REQUIRE

23 PROOF OF ELIGIBILITY FOR STATE PROGRAMS.—In con24 sidering an application for contracts, grants, loans, li25 censes, or public assistance under any State program, a
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1 State is authorized to require the applicant to provide

2 proof of eligibility to be considered for such State con3 tracts, grants, loans, licenses, or public assistance.

4 SEC. 602. MAKING UNAUTHORIZED ALIENS INELIGIBLE

5 FOR UNEMPLOYMENT BENEFITS.

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, no unemployment benefits shall be payable

8 (in whole or in part) out of Federal funds to the extent

9 the benefits are attributable to any employment of the

10 alien in the United States for which the alien was not

11 granted employment authorization pursuant to Federal

12 law.

13 (b) PROCEDURES.—Entities responsible for providing

14 unemployment benefits subject to the restrictions of this

15 section shall make such inquiries as may be necessary to

16 assure that applicants for such benefits are eligible con17 sistent with this section.

18 SEC. 603. GENERAL EXCEPTIONS.

19 Sections 601 and 602 shall not apply to the following:

20 (1) EMERGENCY MEDICAL SERVICES.—The pro21 vision of emergency medical services (as defined by

22 the Attorney General in consultation with the Sec23 retary of Health and Human Services).

24 (2) PUBLIC HEALTH IMMUNIZATIONS.—Public

25 health assistance for immunizations with respect to
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1 immunizable diseases and for testing and treatment

2 for communicable diseases.

3 (3) SHORT-TERM EMERGENCY DISASTER RE4 LIEF.—The provision of non-cash, in-kind, short5 term emergency disaster relief.

6 SEC. 604. TREATMENT OF EXPENSES SUBJECT TO EMER7 GENCY MEDICAL SERVICES EXCEPTION.

8 (a) IN GENERAL.—Subject to such amounts as are

9 provided in advance in appropriation Acts, each State or

10 local government that provides emergency medical services

11 (as defined for purposes of section 603(1)) through a pub12 lic hospital or other public facility to an individual who

13 is an alien not lawfully present in the United States is

14 entitled to receive payment from the Federal Government

15 of its costs of providing such services, but only to the ex16 tent that such costs are not otherwise reimbursed through

17 any other Federal program and cannot be recovered from

18 the alien or another person.

19 (b) CONFIRMATION OF IMMIGRATION STATUS RE20 QUIRED.—No payment shall be made under this section

21 with respect to services furnished to an individual unless

22 the identity and immigration status of the individual has

23 been verified with the Immigration and Naturalization

24 Service in accordance with procedures established by the

25 Attorney General.
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1 (c) ADMINISTRATION.—This section shall be adminis2 tered by the Attorney General, in consultation with the

3 Secretary of Health and Human Services.

4 (d) EFFECTIVE DATE.—Subsection (a) shall not

5 apply to emergency medical services furnished before Oc6 tober 1, 1995.

7 SEC. 605. REPORT ON DISQUALIFICATION OF ILLEGAL

8 ALIENS FROM HOUSING ASSISTANCE PRO9 GRAMS.

10 Not later than 90 days after the date of the enact11 ment of this Act, the Secretary of Housing and Urban

12 Development shall submit a report to the Committees on

13 the Judiciary of the House of Representatives and of the

14 Senate, the Committee on Banking of the House of Rep15 resentatives, and the Committee on Banking, Housing,

16 and Urban Affairs of the Senate, describing the manner

17 in which the Secretary is enforcing section 214 of the

18 Housing and Community Development Act of 1980. The

19 report shall contain statistics with respect to the number

20 of aliens denied financial assistance under such section.

21 SEC. 606. DEFINITIONS.

22 For purposes of this part:

23 (1) LAWFUL PRESENCE.—The determination of

24 whether an alien is lawfully present in the United

25 States shall be made in accordance with regulations
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1 of the Attorney General. An alien shall not be con2 sidered to be lawfully present in the United States

3 for purposes of this title merely because the alien

4 may be considered to be permanently residing in the

5 United States under color of law for purposes of any

6 particular program.

7 (2) STATE.—The term ‘‘State’’ includes the

8 District of Columbia, Puerto Rico, the Virgin Is9 lands, Guam, the Northern Mariana Islands, and

10 American Samoa.

11 SEC. 607. REGULATIONS AND EFFECTIVE DATES.

12 (a) REGULATIONS.—The Attorney General shall first

13 issue regulations to carry out this part (other than section

14 605) by not later than 60 days after the date of the enact15 ment of this Act. Such regulations shall take effect on an

16 interim basis, pending changes based on public comment.

17 (b) EFFECTIVE DATE FOR RESTRICTIONS ON ELIGI18 BILITY FOR PUBLIC BENEFITS.—(1) Except as provided

19 in this subsection, section 601 shall apply to benefits pro20 vided, contracts or loan agreements entered into, and pro21 fessional and commercial licenses issued (or renewed) on

22 or after such date as the Attorney General specifies in reg23 ulations under subsection (a). Such date shall be at least

24 30 days, and not more than 60 days, after the date the

25 Attorney General first issues such regulations.
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1 (2) The Attorney General, in carrying out section

2 601(a)(2), may permit such section to be waived in the

3 case of individuals for whom an application for the grant,

4 contract, loan, or license is pending (or approved) as of

5 a date that is on or before the effective date specified

6 under paragraph (1).

7 (c) EFFECTIVE DATE FOR RESTRICTIONS ON ELIGI8 BILITY FOR UNEMPLOYMENT BENEFITS.—(1) Except as

9 provided in this subsection, section 602 shall apply to un10 employment benefits provided on or after such date as the

11 Attorney General specifies in regulations under subsection

12 (a). Such date shall be at least 30 days, and not more

13 than 60 days, after the date the Attorney General first

14 issues such regulations.

15 (2) The Attorney General, in carrying out section

16 602, may permit such section to be waived in the case

17 of an individual during a continuous period of unemploy18 ment for whom an application for unemployment benefits

19 is pending as of a date that is on or before the effective

20 date specified under paragraph (1).

21 (d) BROAD DISSEMINATION OF INFORMATION.—Be22 fore the effective dates specified in subsections (b) and (c),

23 the Attorney General shall broadly disseminate informa24 tion regarding the restrictions on eligibility established

25 under this 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 EM4 PLOYED 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 (with16 in the meaning of section 7703), the tax17 payer identification number of such indi18 vidual’s spouse.’’

19 (b) SPECIAL IDENTIFICATION NUMBER.—Section 32

20 of the Internal Revenue Code of 1986 (relating to earned

21 income) is amended by adding at the end the following

22 new subsection:

23 ‘‘(k) IDENTIFICATION NUMBERS.—For purposes of

24 subsections (c)(1)(F) and (c)(3)(D), a taxpayer identifica25 tion number means a social security number issued to an

26 individual by the Social Security Administration (other
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1 than a social security number issued pursuant to clause

2 (II) (or that portion of clause (III) that relates to clause

3 (II)) of section 205(c)(2)(B)(i) of the Social Security

4 Act).’’

5 (c) EXTENSION OF PROCEDURES APPLICABLE TO

6 MATHEMATICAL OR CLERICAL ERRORS.—Section

7 6213(g)(2) of the Internal Revenue Code of 1986 (relating

8 to the definition of mathematical or clerical errors) is

9 amended by striking ‘‘and’’ at the end of subparagraph

10 (D), by striking the period at the end of subparagraph

11 (E) and inserting ‘‘, and’’, and by inserting after subpara12 graph (E) the following new subparagraph:

13 ‘‘(F) an omission of a correct taxpayer

14 identification number required under section 23

15 (relating to credit for families with younger

16 children) or section 32 (relating to the earned

17 income tax credit) to be included on a return.’’.

18 (d) EFFECTIVE DATE.—The amendments made by

19 this section shall apply to taxable years beginning after

20 December 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)

7 (8 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 sec12 tion 203(a), who cannot demonstrate to the

13 consular officer at the time of application for a

14 visa, or to the Attorney General at the time of

15 application for admission or adjustment of sta16 tus, that the alien’s age, health, family status,

17 assets, resources, financial status, education,

18 skills, or a combination thereof, or an affidavit

19 of support described in section 213A, or both,

20 make it unlikely that the alien will become a

21 public charge (as determined under section

22 241(a)(5)(B)) is inadmissible.

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

2 for the visa that the alien’s age, health, family

3 status, assets, resources, financial status, edu4 cation, skills or a combination thereof, or an af5 fidavit of support described in section 213A, or

6 both, make it unlikely that the alien will become

7 a public charge (as determined under section

8 241(a)(B)(5)) 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

14 cannot demonstrate to the consular officer

15 at the time of application for a visa, or to

16 the Attorney General at the time of appli17 cation for admission or adjustment of sta18 tus, that the immigrant has a valid offer of

19 employment is inadmissible.

20 ‘‘(ii) CERTAIN EMPLOYMENT-BASED

21 IMMIGRANTS.—Any alien who seeks admis22 sion or adjustment of status under a visa

23 number issued under section 203(b) by vir24 tue of a classification petition filed by a

25 relative of the alien (or by an entity in
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1 which such relative has a significant own2 ership interest) is inadmissible unless such

3 relative has executed an affidavit of sup4 port described in section 213A with respect

5 to such alien.’’.

6 (b) EFFECTIVE DATE.—(1) Subject to paragraph

7 (2), the amendment made by subsection (a) shall apply

8 to applications submitted on or after such date, not earlier

9 than 30 days and not later than 60 days after the date

10 the Attorney General promulgates under section 632(f) a

11 standard form for an affidavit of support, as the Attorney

12 General shall specify.

13 (2) Section 212(a)(4)(C)(i) of the Immigration and

14 Nationality Act, as amended by subsection (a), shall apply

15 only to aliens seeking admission or adjustment of status

16 under a visa number issued on or after October 1, 1996.

17 SEC. 622. GROUND FOR DEPORTABILITY.

18 (a) IN GENERAL.—Paragraph (5) of section 241(a)

19 (8 U.S.C. 1251(a)) 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)

4 existed at the time of entry or admission shall

5 be deemed to be a cause that arose before entry

6 or 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 sec11 tion 207 or granted asylum under section 208.

12 ‘‘(C) INDIVIDUALS TREATED AS PUBLIC

13 CHARGE.—For purposes of this title, an alien is

14 deemed to be a ‘public charge’ if the alien re15 ceives benefits (other than benefits described in

16 subparagraph (E)) under one or more of the

17 public assistance programs described in sub18 paragraph (D) for an aggregate period of at

19 least 12 months within 7 years after the date

20 of entry. The previous sentence shall not be

21 construed as excluding any other bases for con22 sidering an alien to be a public charge, includ23 ing bases in effect on the day before the date

24 of the enactment of the Immigration in the Na25 tional Interest Act of 1995. The Attorney Gen-
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1 eral, in consultation with the Secretary of

2 Health and Human Services, shall establish

3 rules regarding the counting of health benefits

4 described in subparagraph (D)(iv) for purposes

5 of this subparagraph.

6 ‘‘(D) PUBLIC ASSISTANCE PROGRAMS.—

7 For purposes of subparagraph (B), the public

8 assistance programs described in this subpara9 graph are the following (and include any suc10 cessor to such a program as identified by the

11 Attorney General in consultation with other ap12 propriate officials):

13 ‘‘(i) SSI.—The supplemental security

14 income program under title XVI of the So15 cial Security Act, including State supple16 mentary benefits programs referred to in

17 such title.

18 ‘‘(ii) AFDC.—The program of aid to

19 families with dependent children under

20 part A or E of title IV of the Social Secu21 rity Act.

22 ‘‘(iii) SOCIAL SERVICES BLOCK

23 GRANT.—The program of block grants to

24 States for social services under title XX of

25 the Social Security Act.
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1 ‘‘(iv) MEDICAID.—The program of

2 medical assistance under title XIX of the

3 Social Security Act.

4 ‘‘(v) FOOD STAMPS.—The program

5 under the Food Stamp Act of 1977.

6 ‘‘(vi) STATE GENERAL CASH ASSIST7 ANCE.—A program of general cash assist8 ance of any State or political subdivision of

9 a State.

10 ‘‘(vii) HOUSING ASSISTANCE.—Finan11 cial assistance as defined in section 214(b)

12 of the Housing and Community Develop13 ment Act of 1980.

14 ‘‘(E) CERTAIN ASSISTANCE EXCEPTED.—

15 For purposes of subparagraph (B), an alien

16 shall not be considered to be a public charge on

17 the basis of receipt of any of the following bene18 fits:

19 ‘‘(i) EMERGENCY MEDICAL SERV20 ICES.—The provision of emergency medical

21 services (as defined by the Attorney Gen22 eral in consultation with the Secretary of

23 Health and Human Services).

24 ‘‘(ii) PUBLIC HEALTH IMMUNIZA25 TIONS.—Public health assistance for im-
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1 munizations with respect to immunizable

2 diseases and for testing and treatment for

3 communicable diseases.

4 ‘‘(iii) SHORT-TERM EMERGENCY DIS5 ASTER RELIEF.—The provision of non6 cash, in-kind, short-term emergency disas7 ter relief.’’.

8 (b) EFFECTIVE DATE.—(1) The amendment made by

9 subsection (a) shall take effect as of the first day of the

10 first month beginning at least 30 days after the date of

11 the enactment of this Act.

12 (2) In applying section 241(a)(5)(C) of the Immigra13 tion and Nationality Act, as amended by subsection (a),

14 no receipt of benefits under a public assistance program

15 before the effective date described in paragraph (1) shall

16 be taken into account.

17 Subtitle C—Attribution of Income

18 and Affidavits of Support

19 SEC. 631. ATTRIBUTION OF SPONSOR’S INCOME AND RE20 SOURCES TO FAMILY-SPONSORED IMMI21 GRANTS.

22 (a) FEDERAL PROGRAMS.—Notwithstanding any

23 other provision of law, in determining the eligibility and

24 the amount of benefits of an alien for any Federal means25 tested public benefits program (as defined in subsection
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1 (d)) the income and resources of the alien shall be deemed

2 to include—

3 (1) the income and resources of any individual

4 who executed an affidavit of support pursuant to

5 section 213A of the Immigration and Nationality

6 Act (as inserted by section 632(a)) in behalf of such

7 alien, and

8 (2) the income and resources of the spouse (if

9 any) of the individual.

10 (b) PERIOD OF ATTRIBUTION.—

11 (1) PARENTS OF UNITED STATES CITIZENS.—

12 Subsection (a) shall apply with respect to an alien

13 who is admitted to the United States as the parent

14 of a United States citizen under section 512 until

15 the alien is naturalized as a citizen of the United

16 States.

17 (2) SPOUSES OF UNITED STATES CITIZENS AND

18 LAWFUL PERMANENT RESIDENTS.—Subsection (a)

19 shall apply with respect to an alien who is admitted

20 to the United States as the spouse of a United

21 States citizen or lawful permanent resident under

22 section 511 or section 512 until—

23 (A) 7 years after the date the alien is law24 fully admitted to the United States for perma25 nent residence, or
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1 (B) the alien is naturalized as a citizen of

2 the United States,

3 whichever occurs first.

4 (3) MINOR CHILDREN OF UNITED STATES CITI5 ZENS AND LAWFUL PERMANENT RESIDENTS.—Sub6 section (a) shall apply with respect to an alien who

7 is admitted to the United States as the minor child

8 of a United States citizen or lawful permanent resi9 dent under section 511 or section 512 until the child

10 attains the age of 21 years or, if earlier, the date

11 the child is naturalized as a citizen of the United

12 States.

13 (4) ATTRIBUTION OF SPONSOR’S INCOME AND

14 RESOURCES ENDED IF SPONSORED ALIEN BECOMES

15 ELIGIBLE FOR OLD-AGE BENEFITS UNDER TITLE II

16 OF THE SOCIAL SECURITY ACT.—

17 (A) Notwithstanding any other provision of

18 this section, subsection (a) shall not apply and

19 the period of attribution of a sponsor’s income

20 and resources under this subsection shall termi21 nate if the alien is employed for a period suffi22 cient to qualify for old age benefits under title

23 II of the Social Security Act and the alien is

24 able to prove to the satisfaction of the Attorney

25 General that the alien qualifies.
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1 (B) The Attorney General shall ensure

2 that appropriate information pursuant to sub3 paragraph (A) is provided to the System for

4 Alien Verification of Eligibility (SAVE).

5 (c) OPTIONAL APPLICATION TO STATE PROGRAMS.—

6 (1) AUTHORITY.—Notwithstanding any other

7 provision of law, in determining the eligibility and

8 the amount of benefits of an alien for any State

9 means-tested public benefits program, the State or

10 political subdivision that offers the program is au11 thorized to provide that the income and resources of

12 the alien shall be deemed to include—

13 (A) the income and resources of any indi14 vidual who executed an affidavit of support pur15 suant to section 213A of the Immigration and

16 Nationality Act (as inserted by section 632(a))

17 in behalf of such alien, and

18 (B) the income and resources of the spouse

19 (if any) of the individual.

20 (2) PERIOD OF ATTRIBUTION.—The period of

21 attribution of a sponsor’s income and resources in

22 determining the eligibility and amount of benefits

23 for an alien under any State means-tested public

24 benefits program pursuant to paragraph (1) may not
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1 exceed the Federal period of attribution with respect

2 to the alien.

3 (d) MEANS-TESTED PROGRAM DEFINED.—In this

4 section:

5 (1) The term ‘‘means-tested public benefits pro6 gram’’ means a program of public benefits (includ7 ing cash, medical, housing, and food assistance and

8 social services) of the Federal Government or of a

9 State or political subdivision of a State in which the

10 eligibility of an individual, household, or family eligi11 bility unit for benefits under the program, or the

12 amount of such benefits, or both are determined on

13 the basis of income, resources, or financial need of

14 the individual, household, or unit.

15 (2) The term ‘‘Federal means-tested public ben16 efits program’’ means a means-tested public benefits

17 program of (or contributed to by) the Federal Gov18 ernment.

19 (3) The term ‘‘State means-tested public bene20 fits program’’ means a means-tested public benefits

21 program that is not a Federal means-tested pro22 gram.
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1 SEC. 632. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF

2 SUPPORT.

3 (a) IN GENERAL.—Title II is amended by inserting

4 after section 213 the following new section:

5 ‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT

6 ‘‘SEC. 213A. (a) ENFORCEABILITY.—(1) No affidavit

7 of support may be accepted by the Attorney General or

8 by any consular officer to establish that an alien is not

9 inadmissible as a public charge under section 212(a)(4)

10 unless such affidavit is executed by a sponsor of the alien

11 as a contract—

12 ‘‘(A) that is legally enforceable against the

13 sponsor by the Federal Government and by any

14 State (or any political subdivision of such State)

15 that provides any means-tested public benefits pro16 gram, until the expiration of the 10-year period de17 scribed in subsection (b)(4); and

18 ‘‘(B) in which the sponsor agrees to submit to

19 the jurisdiction of any Federal or State court for the

20 purpose of actions brought under subsection (b)(2).

21 ‘‘(2)(A) An affidavit of support shall be enforceable

22 with respect to benefits provided under any means-tested

23 public benefits program for an alien who is admitted to

24 the United States as the parent of a United States citizen

25 under section 512 until the alien is naturalized as a citizen

26 of the United States.
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1 ‘‘(B) An affidavit of support shall be enforceable with

2 respect to benefits provided under any means-tested public

3 benefits program for an alien who is admitted to the Unit4 ed States as the spouse of a United States citizen or lawful

5 permanent resident under section 511 or section 512

6 until—

7 ‘‘(i) 7 years after the date the alien is lawfully

8 admitted to the United States for permanent resi9 dence, or

10 ‘‘(ii) such time as the alien is naturalized as a

11 citizen of the United States,

12 whichever occurs first.

13 ‘‘(C) An affidavit of support shall be enforceable with

14 respect to benefits provided under any means-tested public

15 benefits program for an alien who is admitted to the Unit16 ed States as the minor child of a United States citizen

17 or lawful permanent resident under section 511 or section

18 512 until the child attains the age of 21 years.

19 ‘‘(D)(i) Notwithstanding any other provision of this

20 subparagraph, a sponsor shall be relieved of any liability

21 under an affidavit of support if the sponsored alien is em22 ployed for a period sufficient to qualify for old age benefits

23 under title II of the Social Security Act and the sponsor

24 or alien is able to prove to the satisfaction of the Attorney

25 General that the alien qualifies.
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1 ‘‘(ii) The Attorney General shall ensure that appro2 priate information pursuant to clause (i) is provided to

3 the System for Alien Verification of Eligibility (SAVE).

4 ‘‘(b) REIMBURSEMENT OF GOVERNMENT EX5 PENSES.—(1)(A) Upon notification that a sponsored alien

6 has received any benefit under any means-tested public

7 benefits program, the appropriate Federal, State, or local

8 official shall request reimbursement by the sponsor in the

9 amount of such assistance.

10 ‘‘(B) The Attorney General, in consultation with the

11 Secretary of Health and Human Services, shall prescribe

12 such regulations as may be necessary to carry out sub13 paragraph (A).

14 ‘‘(2) If within 45 days after requesting reimburse15 ment, the appropriate Federal, State, or local agency has

16 not received a response from the sponsor indicating a will17 ingness to commence payments, an action may be brought

18 against the sponsor pursuant to the affidavit of support.

19 ‘‘(3) If the sponsor fails to abide by the repayment

20 terms established by such agency, the agency may, within

21 60 days of such failure, bring an action against the spon22 sor pursuant to the affidavit of support.

23 ‘‘(4) No cause of action may be brought under this

24 subsection later than 10 years after the alien last received
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1 any benefit under any means-tested public benefits pro2 gram.

3 ‘‘(5) If, pursuant to the terms of this subsection, a

4 Federal, State, or local agency requests reimbursement

5 from the sponsor in the amount of assistance provided,

6 or brings an action against the sponsor pursuant to the

7 affidavit of support, the appropriate agency may appoint

8 or hire an individual or other person to act on behalf of

9 such agency acting under the authority of law for purposes

10 of collecting any moneys owed. Nothing in this subsection

11 shall preclude any appropriate Federal, State, or local

12 agency from directly requesting reimbursement from a

13 sponsor for the amount of assistance provided, or from

14 bringing an action against a sponsor pursuant to an affi15 davit of support.

16 ‘‘(c) REMEDIES.—Remedies available to enforce an

17 affidavit of support under this section include any or all

18 of the remedies described in section 3201, 3203, 3204,

19 or 3205 of title 28, United States Code, as well as an

20 order for specific performance and payment of legal fees

21 and other costs of collection, and include corresponding

22 remedies available under State law. A Federal agency may

23 seek to collect amounts owed under this section in accord24 ance with the provisions of subchapter II of chapter 37

25 of title 31, United States Code.
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1 ‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—(1)

2 The sponsor of an alien shall notify the Federal Govern3 ment and the State in which the sponsored alien is cur4 rently residing within 30 days of any change of address

5 of the sponsor during the period specified in subsection

6 (a)(1).

7 ‘‘(2) Any person subject to the requirement of para8 graph (1) who fails to satisfy such requirement shall be

9 subject to a civil penalty of—

10 ‘‘(A) not less than $250 or more than $2,000,

11 or

12 ‘‘(B) if such failure occurs with knowledge that

13 the sponsored alien has received any benefit under

14 any means-tested public benefits program, not less

15 than $2,000 or more than $5,000.

16 ‘‘(e) DEFINITIONS.—For the purposes of this sec17 tion—

18 ‘‘(1) SPONSOR.—The term ‘sponsor’ means,

19 with respect to an alien, an individual who—

20 ‘‘(A) is a citizen or national of the United

21 States or an alien who is lawfully admitted to

22 the United States for permanent residence;

23 ‘‘(B) is 18 years of age or over;

24 ‘‘(C) is domiciled in any State;
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1 ‘‘(D) demonstrates, through presentation

2 of a certified copy of a tax return or otherwise,

3 the means to maintain an annual income equal

4 to at least 200 percent of the poverty level for

5 the individual and the individual’s family (in6 cluding the alien and any other aliens with re7 spect to whom the individual is a sponsor); and

8 ‘‘(E) is petitioning for the admission of the

9 alien under section 204.

10 ‘‘(2) FEDERAL POVERTY LINE.—The term

11 ‘Federal poverty line’ means the income official pov12 erty line (as defined by the Office of Management

13 and Budget and revised annually in accordance with

14 section 673(2) of the Omnibus Budget Reconcili15 ation Act of 1981) that is applicable to a family of

16 the size involved.

17 ‘‘(3) MEANS-TESTED PUBLIC BENEFITS PRO18 GRAM.—The term ‘means-tested public benefits pro19 gram’ means a program of public benefits (including

20 cash, medical, housing, and food assistance and so21 cial services) of the Federal Government or of a

22 State or political subdivision of a State in which the

23 eligibility of an individual, household, or family eligi24 bility unit for benefits under the program, or the

25 amount of such benefits, or both are determined on
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1 the basis of income, resources, or financial need of

2 the individual, household, or unit.’’.

3 (b) REQUIREMENT OF AFFIDAVIT OF SUPPORT

4 FROM EMPLOYMENT SPONSORS.—For requirement for af5 fidavit of support from individuals who file classification

6 petitions for a relative as an employment-based immi7 grant, see the amendment made by section 621(a).

8 (c) SETTLEMENT OF CLAIMS PRIOR TO NATURALIZA9 TION.—Section 316(a) (8 U.S.C. 1427(a)) is amended—

10 (1) by striking ‘‘and’’ before ‘‘(3)’’, and

11 (2) by inserting before the period at the end the

12 following: ‘‘, and (4) in the case of an applicant that

13 has received assistance under a means-tested public

14 benefits program (as defined in subsection (f)(3) of

15 section 213A) administered by a Federal, State, or

16 local agency and with respect to which amounts may

17 be owing under an affidavit of support executed

18 under such section, provides satisfactory evidence

19 that there are no outstanding amounts that may be

20 owed to any such Federal, State, or local agency

21 pursuant to such affidavit by the sponsor who exe22 cuted such affidavit’’.

23 (d) CLERICAL AMENDMENT.—The table of contents

24 of such Act is amended by inserting after the item relating

25 to section 213 the following:

‘‘Sec. 213A. Requirements for sponsor’s affidavit of support.’’.
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1 (e) EFFECTIVE DATE.—Subsection (a) of section

2 213A of the Immigration and Nationality Act, as inserted

3 by subsection (a) of this section, shall apply to affidavits

4 of support executed on or after a date specified by the

5 Attorney General, which date shall be not earlier than 60

6 days (and not later than 90 days) after the date the Attor7 ney General formulates the form for such affidavits under

8 subsection (f) of this section.

9 (f) PROMULGATION OF FORM.—Not later than 90

10 days after the date of the enactment of this Act, the Attor11 ney General, in consultation with the Secretary of State

12 and the Secretary of Health and Human Services, shall

13 promulgate a standard form for an affidavit of support

14 consistent with the provisions of section 213A of the Im15 migration and 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

5 adequate to assure full staffing during peak crossing

6 hours of all border crossing lanes now in use, under

7 construction, or whose construction has been author8 ized by Congress.

9 (2) DEPLOYMENT OF PERSONNEL.—The Attor10 ney General and the Secretary of the Treasury shall,

11 to the maximum extent practicable, ensure that the

12 personnel hired pursuant to this subsection shall be

13 deployed among the various Immigration and Natu14 ralization Service sectors in proportion to the num15 ber of land border crossings measured in each such

16 sector 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 improve21 ments to the infrastructure of the international land

22 borders of the United States necessary to expedite

23 the inspection of persons and vehicles attempting to

24 lawfully enter the United States in accordance with

25 existing policies and procedures of the Immigration
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1 and Naturalization Service, the United States Cus2 toms Service, 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 Attor7 ney General, in consultation with the Committees on

8 the Judiciary of the House of Representatives and

9 the Senate, objectively determines the need to be

10 greatest or most immediate before the Attorney Gen11 eral may obligate funds for construction of any im12 provement otherwise located.

13 SEC. 702. COMMUTER LANE PILOT PROGRAMS.

14 (a) MAKING LAND BORDER INSPECTION FEE PER15 MANENT.—Section 286(q) (8 U.S.C. 1356(q)) is amend16 ed—

17 (1) in paragraph (1), by striking ‘‘a project’’

18 and inserting ‘‘projects’’;

19 (2) in paragraph (1), by striking ‘‘Such

20 project’’ and inserting ‘‘Such projects’’; and

21 (3) by striking paragraph (5).

22 (b) CONFORMING AMENDMENT.—The Departments

23 of Commerce, Justice, and State, the Judiciary, and Re24 lated Agencies Appropriation Act, 1994 (Public Law 103–

25 121, 107 Stat. 1161) is amended by striking the fourth
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1 proviso under the heading ‘‘Immigration and Naturaliza2 tion Service, 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 PRE9 INSPECTION STATIONS.—(1) Subject to paragraph (4),

10 not later than 2 years after the date of the enactment of

11 this section, the Attorney General, in consultation with the

12 Secretary of State, shall establish and maintain

13 preinspection stations in at least 5 of the foreign airports

14 that are among the 10 foreign airports which the Attorney

15 General identifies as serving as last points of departure

16 for the greatest numbers of passengers who arrive from

17 abroad by air at ports of entry within the United States.

18 Such preinspection stations shall be in addition to any

19 preinspection stations established prior to the date of the

20 enactment of this section.

21 ‘‘(2) Not later than November 1, 1995, and each sub22 sequent November 1, the Attorney General shall compile

23 data identifying—

24 ‘‘(A) the foreign airports which served as last

25 points of departure for aliens who arrived by air at
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1 United States ports of entry without valid docu2 mentation during the preceding fiscal years,

3 ‘‘(B) the number and nationality of such aliens

4 arriving from each such foreign airport, and

5 ‘‘(C) the primary routes such aliens followed

6 from their country of origin to the United States.

7 ‘‘(3) Subject to paragraph (4), not later than 4 years

8 after the date of enactment of this section, the Attorney

9 General, in consultation with the Secretary of State, shall

10 establish preinspection stations in at least 5 additional for11 eign airports which the Attorney General, in consultation

12 with the Secretary of State, determines based on the data

13 compiled under paragraph (2) and such other information

14 as may be available would most effectively reduce the

15 number of aliens who arrive from abroad by air at points

16 of entry within the United States without valid docu17 mentation. Such preinspection stations shall be in addition

18 to those established prior to or pursuant to paragraph (1).

19 ‘‘(4) Prior to the establishment of a preinspection

20 station the Attorney General, in consultation with the Sec21 retary of State, shall ensure that—

22 ‘‘(A) employees of the United States stationed

23 at the preinspection station and their accompanying

24 family members will receive appropriate protection,
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1 ‘‘(B) such employees and their families will not

2 be subject to unreasonable risks to their welfare and

3 safety, and

4 ‘‘(C) the country in which the preinspection sta5 tion is to be established maintains practices and pro6 cedures with respect to asylum seekers and refugees

7 in accordance with the Convention Relating to the

8 Status of Refugees (done at Geneva, July 28, 1951),

9 or the Protocol Relating to the Status of Refugees

10 (done at New York, January 31, 1967).

11 ‘‘(b) ESTABLISHMENT OF CARRIER CONSULTANT

12 PROGRAM.—The Attorney General shall assign additional

13 immigration officers to assist air carriers in the detection

14 of fraudulent documents at foreign airports which, based

15 on the records maintained pursuant to subsection (a)(2),

16 served as a point of departure for a significant number

17 of arrivals at United States ports of entry without valid

18 documentation, but where no preinspection station ex19 ists.’’.

20 (c) CLERICAL AMENDMENT.—The table of contents

21 is amended by inserting after the item relating to section

22 235 the following new item:

‘‘Sec. 235A. Preinspection at foreign airports.’’.
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1 SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETEC2 TION OF FRAUDULENT DOCUMENTS.

3 (a) USE OF FUNDS.—Section 286(h)(2)(A) (8 U.S.C.

4 1356(h)(2)(A)) is amended—

5 (1) in clause (iv), by inserting ‘‘, including

6 training of, and technical assistance to, commercial

7 airline personnel regarding such detection’’ after

8 ‘‘United States’’, and

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

10 ‘‘The Attorney General shall provide for expenditures for

11 training and assistance described in clause (iv) in an

12 amount, for any fiscal year, not less than 5 percent of

13 the total of the expenses incurred that are described in

14 the previous sentence.’’.

15 (b) COMPLIANCE WITH DETECTION REGULA16 TIONS.—Section 212(f) (8 U.S.C. 1182(f)) is amended by

17 adding at the end the following: ‘‘Whenever the Attorney

18 General finds that a commercial airline has failed to com19 ply with regulations of the Attorney General relating to

20 requirements of airlines for the detection of fraudulent

21 documents used by passengers traveling to the United

22 States (including the training of personnel in such detec23 tion), the Attorney General may suspend the entry of some

24 or all aliens transported to the United States by such air25 line.’’.

26 (c) EFFECTIVE DATES.—
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1 (1) The amendments made by subsection (a)

2 shall apply to expenses incurred during or after fis3 cal year 1996.

4 (2) The Attorney General shall first issue, in

5 proposed form, regulations referred to in the second

6 sentence of section 212(f) of the Immigration and

7 Nationality Act, as added by the amendment made

8 by subsection (b), by not later than 90 days after

9 the date of the enactment of this Act.

10 TITLE VIII—MISCELLANEOUS

11 PROVISIONS

12 SEC. 801. AMENDED DEFINITION OF AGGRAVATED FELONY.

13 (a) IN GENERAL.—Section 101(a)(43) (8 U.S.C.

14 1101(a)(43)), as amended by section 222 of the Immigra15 tion and Nationality Technical Corrections Act of 1994

16 (Public Law 103–416), is amended—

17 (1) in subparagraph (N), by striking ‘‘of title

18 18, United States Code’’ and inserting ‘‘of this Act’’,

19 and

20 (2) in subparagraph (O), by striking ‘‘which

21 constitutes’’ and all that follows up to the semicolon

22 at the end and inserting ‘‘, for the purpose of com23 mercial advantage’’.

24 (b) EFFECTIVE DATE OF CONVICTION.—Section

25 101(a)(43) (8 U.S.C. 1101(a)(43)), as amended by section
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1 222(b) of the Immigration and Nationality Technical Cor2 rections Act of 1994 (Public Law 103–416), is amended

3 by adding at the end the following sentence: ‘‘Notwith4 standing any other provision of law, the term applies for

5 all purposes to convictions entered before, on, or after the

6 date of enactment of the Immigration and Nationality

7 Technical Corrections Act of 1994.’’.

8 (c) EFFECTIVE DATE.—The amendments made by

9 this section shall be effective as if included in the enact10 ment of the Immigration and Nationality Technical Cor11 rections Act of 1994 (Public Law 103–416).

12 SEC. 802. AMENDED DEFINITIONS OF ‘‘CHILD’’ AND ‘‘PAR13 ENT’’ TO FACILITATE ADOPTION OF CHIL14 DREN BORN OUT-OF-WEDLOCK.

15 (a) IN GENERAL.—Section 101(b) (8 U.S.C.

16 1101(b)(1) is amended—

17 (1) in paragraph (1)(A), by striking ‘‘a legiti18 mate child’’ and inserting ‘‘a child born in wedlock’’,

19 and

20 (2) by paragraphs (1)(D) and (2), by striking

21 ‘‘an illegitimate child’’ and inserting ‘‘a child born

22 out of wedlock’’.

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

24 subsection (a) shall take effect on the date of the enact25 ment of this Act.
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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.

4 1152(a)) is amended—

5 (1) in paragraph (1), by striking ‘‘paragraph

6 (2)’’ and inserting ‘‘paragraphs (2) and (5)’’, and

7 (2) by adding at the end the following new

8 paragraph:

9 ‘‘(5) CONSTRUCTION.—Nothing in paragraph

10 (1) shall be construed to limit the authority of the

11 Secretary of State to determine the procedures for

12 the processing of immigrant visa applications or the

13 locations where such applications will be processed.’’.

14 (b) ELIMINATION OF CONSULATE SHOPPING FOR

15 VISA OVERSTAYS.—Section 222 (8 U.S.C. 1202) is

16 amended by adding at the end the following new sub17 section:

18 ‘‘(g) In the case of an alien who has entered and re19 mained in the United States beyond the authorized period

20 of stay, the alien is not eligible to be admitted to the Unit21 ed States as a nonimmigrant on the basis of a visa issued

22 other than in a consular office located in the country of

23 the alien’s nationality (or, if there is no office in such

24 country, at such other consular office as the Secretary of

25 State shall specify).’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to visas issued before, on, or after

3 the date of the enactment of this Act.

4 SEC. 804. WAIVER AUTHORITY CONCERNING NOTICE OF

5 DENIAL 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

25 territory and who are residing in that territory’’.
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1 SEC. 806. CHANGES RELATING TO H–1B NONIMMIGRANTS.

2 (a) REMOVAL OF ANY REQUIREMENT FOR OBJEC3 TIVE WAGE SYSTEM FOR ALL EMPLOYERS.—Section

4 212(n) (8 U.S.C. 1182(n)) is amended by adding at the

5 end the following new paragraph:

6 ‘‘(3) For purposes of determining the actual wages

7 paid under paragraph (1)(A)(i)(I), an employer shall not

8 be required to have and document an objective system to

9 determine the wages of workers.’’.

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))

14 is amended by inserting after subparagraph (D) the

15 following new subparagraph:

16 ‘‘(E) In this subsection, the term ‘H–1B-de17 pendent employer’ means an employer that—

18 ‘‘(i)(I) has fewer than 41 full-time equiva19 lent employees who are employed in the United

20 States, and (II) employs 4 or more

21 nonimmigrants under section

22 101(a)(15)(H)(i)(b); or

23 ‘‘(ii)(I) has at least 41 full-time equivalent

24 employees who are employed in the United

25 States, and (II) employs nonimmigrants de26 scribed in section 101(a)(15)(H)(i)(b) in a
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1 number that is equal to at least 10 percent of

2 the number of such full-time equivalent employ3 ees.

4 In applying this subparagraph, any group treated as

5 a single employer under subsection (b), (c), (m), or

6 (o) of section 414 of the Internal Revenue Code of

7 1986 shall be treated as a single employer under

8 this subparagraph. Aliens with respect to whom the

9 employer has filed such an application shall be treat10 ed as employees, and counted as nonimmigrants

11 under section 101(a)(15)(H)(i)(b), under this sub12 paragraph.’’.

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

16 amended in subsection (a), is further amended by

17 adding at the end the following new paragraph:

18 ‘‘(4) In carrying out this subsection in the case of

19 an employer that is not an H–1B-dependent employer—

20 ‘‘(A) the employer is not required to post no21 tices at worksites that were not listed on the applica22 tion under paragraph (1) if the worksites are within

23 the area of intended employment listed on such ap24 plication; 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 nonimmigrants described in section

4 101(a)(15)(H)(i)(b) for one or more areas of em5 ployment—

6 ‘‘(i) the employer is not required to file

7 and have certified an additional application

8 under paragraph (1) with respect to such a

9 nonimmigrant for an area of employment not

10 listed in the previous application because the

11 employer has placed one or more such

12 nonimmigrants in such a nonlisted area so long

13 as each such nonimmigrant is not placed in

14 such nonlisted areas for a period exceeding 45

15 workdays in any 12-month period and not to

16 exceed 90 workdays in any 36-month period,

17 and

18 ‘‘(ii) the employer is not required to pay

19 per diem and transportation costs at any speci20 fied rates for work performed in such a

21 nonlisted area.’’.

22 (3) LIMITATION ON AUTHORITY TO INITIATE

23 COMPLAINTS AND CONDUCT INVESTIGATIONS FOR

24 NON-H–1B-DEPENDENT EMPLOYERS.—Section
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1 212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amend2 ed—

3 (A) in the second sentence, by inserting be4 fore the period at the end the following: ‘‘, ex5 cept that the Secretary may only file such a

6 complaint in the case of an H–1B-dependent

7 employer (as defined in subparagraph (E))’’,

8 and

9 (B) by inserting after the second sentence

10 the following new sentence: ‘‘No investigation or

11 hearing shall be conducted with respect to an

12 employer that is not an H–1B-dependent em13 ployer except in response to a complaint filed

14 under the previous sentence.’’.

15 (4) DELAY PERMITTED FOR CERTIFICATION IN

16 THE CASE OF H–1B-DEPENDENT EMPLOYERS.—Sec17 tion 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by

18 inserting before the period at the end the following:

19 ‘‘(or 30 days in the case of an employer which is an

20 H–1B-dependent employer)’’.

21 (c) NO DISPLACEMENT OF AMERICAN WORKERS

22 PERMITTED.—(1) Section 212(n)(1) (8 U.S.C.

23 1182(n)(1)) is amended by inserting after subparagraph

24 (D) the following new subparagraph:

25 ‘‘(E)(i) If the employer—
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1 ‘‘(I) within the 6 months preceding the

2 date the alien begins employment pursuant to

3 such admission or the provision of such status,

4 laid off any protected individual (within the

5 meaning of section 274B(a)(3)) with substan6 tially equivalent qualifications and experience in

7 the specific employment for which the non8 immigrant is being sought, the employer will

9 pay an actual wage to the nonimmigrant that is

10 at least 110 percent of the arithmetic mean of

11 the last wage earned by such laid off employees

12 (or, if greater, 110 percent of arithmetic mean

13 of the highest wage earned by such laid off em14 ployees within the most recent year if the em15 ployer reduced such wage during such year

16 other than as part of a general company-wide

17 reduction of wages for substantially all employ18 ees); and

19 ‘‘(II) within the 90 days following the date

20 the alien so begins employment and for so long

21 as the application remains active or a visa re22 mains in effect with respect to a nonimmigrant

23 pursuant to such an application, lays off any

24 protected individual (within the meaning of sec25 tion 274B(a)(3)) with substantially equivalent
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1 qualifications and experience in the specific em2 ployment for which the nonimmigrant is em3 ployed, the employer will pay an actual wage to

4 the nonimmigrant that is at least 110 percent

5 of the arithmetic mean of the last wage earned

6 by such laid off employees (or, if greater, 110

7 percent of arithmetic mean of the highest wage

8 earned by such laid off employees within the

9 most recent year if the employer reduced such

10 wage during such year other than as part of a

11 general company-wide reduction of wages for

12 substantially all employees).

13 ‘‘(ii) In the case of an employer that is a job

14 contractor (within the meaning of regulations pro15 mulgated to carry out this subsection), the contrac16 tor will not place the employee with any other em17 ployer unless such other employer has executed an

18 attestation that the employer is complying and will

19 continue to comply with the requirements of clause

20 (i) in the same manner as they apply to the job con21 tractor.

22 ‘‘(iii) For purposes of this subparagraph, the

23 term ‘laid off’, with respect to an employee—
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1 ‘‘(I) means the employee’s loss of employ2 ment, other than a discharge for cause, vol3 untary departure, or retirement, and

4 ‘‘(II) does not include any situation in

5 which the employee involved is offered a similar

6 job opportunity with the same employer carry7 ing similar compensation and benefits as the

8 position from which the employee was laid off,

9 regardless of whether or not the employee ac10 cepts the offer.’’.

11 (2) Section 212(n)(2) (8 U.S.C. 1182(n)(2)) is

12 amended by adding at the end the following new subpara13 graph:

14 ‘‘(F) Under regulations of the Secretary, the previous

15 provisions of this paragraph shall apply to complaints re16 specting a failure of an other employer to comply with an

17 attestation described in paragraph (1)(E)(ii) in the same

18 manner that they apply to complaints of a petitioner with

19 respect to a failure to comply with a condition described

20 in paragraph (1)(E)(i).’’.

21 (3) Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is

22 amended by inserting ‘‘or (1)(E)’’ after ‘‘(1)(B)’’.

23 (d) COMPUTATION OF PREVAILING WAGE LEVEL.—

24 Section 212(n) (8 U.S.C. 1182(n)) is amended by adding

25 at the end the following new paragraph:
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1 ‘‘(3) In computing the prevailing wage level for an

2 occupational classification in an area of employment for

3 purposes of paragraph (1)(A)(i)(II) and subsection

4 (a)(5)(A) in the case of an employee of an institution of

5 higher education (as defined in section 1201(a) of the

6 Higher Education Act of 1965), or a related or affiliated

7 nonprofit entity, the prevailing wage level shall only take

8 into account employees at such institutions and entities

9 in the area of employment.’’.

10 (e) EFFECTIVE DATES.—

11 (1) Except as otherwise provided in this sub12 section, the amendments made by this section shall

13 take effect on the date of the enactment of this Act

14 and shall apply to applications filed with the Sec15 retary of Labor on or after 30 days after the date

16 of the enactment of this Act.

17 (2) The amendments made by subsection (b)(3)

18 shall apply to complaints filed, and to investigations

19 or hearings initiated, on or after January 15, 1995.

20 SEC. 807. VALIDITY OF PERIOD OF VISAS.

21 (a) EXTENSION OF VALIDITY OF IMMIGRANT VISAS

22 TO 6 MONTHS.—Section 221(c) (8 U.S.C. 1201(c)) is

23 amended by striking ‘‘four months’’ and inserting ‘‘six

24 months’’.
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1 (b) AUTHORIZING APPLICATION OF RECIPROCITY

2 RULE FOR NONIMMIGRANT VISA IN CASE OF REFUGEES

3 AND PERMANENT RESIDENTS.—Such section is further

4 amended by inserting before the period at the end of the

5 third sentence the following: ‘‘; except that in the case of

6 aliens who are nationals of a foreign country and who ei7 ther are granted refugee status and firmly resettled in an8 other foreign country or are granted permanent residence

9 and residing in another foreign country, the Secretary of

10 State may prescribe the period of validity of such a visa

11 based upon the treatment granted by that other foreign

12 country to alien refugees and permanent residents, respec13 tively, in the United States’’.

14 SEC. 808. LIMITATION ON ADJUSTMENT OF STATUS OF IN15 DIVIDUALS NOT LAWFULLY PRESENT IN THE

16 UNITED STATES.

17 (a) IN GENERAL.—Section 245(i) (8 U.S.C. 1255),

18 as added by section 506(b) of the Department of State

19 and Related Agencies Appropriations Act, 1995 (Public

20 Law 103–317, 108 Stat. 1765), is amended—

21 (1) in paragraph (1), by inserting ‘‘pursuant to

22 section 301 of the Immigration Act of 1990 is not

23 required to depart from the United States and who’’

24 after ‘‘who’’ the first place it appears, and
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1 (2) by adding at the end of paragraph (2) the

2 following: ‘‘For purposes of subparagraph (A), the

3 ground of inadmissibility described in section

4 212(a)(9) shall not apply.’’.

5 (b) EFFECTIVE DATE.—(1) The amendment made by

6 subsection (a)(1) shall apply to applications for adjust7 ment of status filed after September 30, 1996.

8 (2) The amendment made by subsection (a)(2) shall

9 take effect on the title III–A effective date (as defined in

10 section 309(a)).

11 SEC. 809. LIMITED ACCESS TO CERTAIN CONFIDENTIAL INS

12 FILES.

13 (a) LEGALIZATION PROGRAM.—Section 245A(c)(5)

14 (8 U.S.C. 1255a(c)(5)) is amended—

15 (1) by redesignating subparagraphs (A) through

16 (C) as clauses (i) through (iii), respectively;

17 (2) by striking ‘‘Neither’’ and inserting ‘‘(A)

18 Except as provided in this paragraph, neither’’;

19 (3) by redesignating the last sentence as sub20 paragraph (D);

21 (4) by striking the semicolon and inserting a

22 period;

23 (5) by striking ‘‘except that the’’ and inserting

24 the following:

25 ‘‘(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 dis5 closure of information contained in the application of

6 the alien under this section to be used—

7 ‘‘(i) for identification of the alien when

8 there is reason to believe that the alien has

9 been killed or severely incapacitated;

10 ‘‘(ii) for criminal law enforcement purposes

11 against the alien whose application is to be dis12 closed if the alleged criminal activity occurred

13 after the legalization application was filed and

14 such activity involves terrorist activity or poses

15 either an immediate risk to life or to national

16 security, or would be prosecutable as an aggra17 vated felony, but without regard to the length

18 of sentence that could be imposed on the appli19 cant; or

20 ‘‘(iii) for immigration enforcement pur21 poses but only if the information is the date or

22 disposition of the application.’’; 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

4 records 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).

9 ‘‘(ii) The date of the applicant’s adjust10 ment (if any) to the status of an alien lawfully

11 admitted for permanent residence.

12 ‘‘(iii) Information concerning whether the

13 applicant has been convicted of a crime occur14 ring after the date of filing the application.’’.

15 (b) SPECIAL AGRICULTURAL WORKER PROGRAM.—

16 Section 210(b) of such Act (8 U.S.C. 1160(b)) is amend17 ed—

18 (1) in paragraph (5), by inserting ‘‘, except as

19 permitting under paragraph (6)(B)’’ after ‘‘consent

20 of the alien’’;

21 (2) in paragraph (6)—

22 (A) by striking ‘‘Neither’’ and inserting

23 ‘‘(A) Except as provided in subparagraph (B),

24 neither’’;
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1 (B) by striking ‘‘Anyone’’ and inserting

2 the following:

3 ‘‘(C) Anyone’’;

4 (C) by inserting after the first sentence the

5 following:

6 ‘‘(B) The Attorney General may authorize dis7 closure of information contained in the application of

8 the alien to be used—

9 ‘‘(i) for identification of the alien when

10 there is reason to believe that the alien has

11 been killed or severely incapacitated,

12 ‘‘(ii) for criminal law enforcement purposes

13 against the alien whose application is to be dis14 closed if the alleged criminal activity occurred

15 after the special agricultural worker application

16 was filed and such activity involves terrorist ac17 tivity or poses either an immediate risk to life

18 or to national security, or would be prosecutable

19 as an aggravated felony, but without regard to

20 the length of sentence that could be imposed on

21 the applicant, or

22 ‘‘(iii) for immigration enforcement pur23 poses but only if the information is the date or

24 disposition of the application.’’; and
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1 (3) by adding at the end the following new sub2 paragraph:

3 ‘‘(D) Nothing in this paragraph shall preclude

4 the release for immigration enforcement purposes of

5 the following information contained in files or

6 records of the Service pertaining to the application:

7 ‘‘(i) The immigration status of the appli8 cant on any given date after the date of filing

9 the application (including whether the applicant

10 was authorized to work).

11 ‘‘(ii) The date of the applicant’s adjust12 ment (if any) to the status of an alien lawfully

13 admitted for permanent residence.

14 ‘‘(iii) Information concerning whether the

15 applicant has been convicted of a crime occur16 ring after the date of filing the application.’’.

17 SEC. 810. NONIMMIGRANT STATUS FOR SPOUSES AND CHIL18 DREN OF MEMBERS OF THE ARMED SERV19 ICES.

20 Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amend21 ed—

22 (1) by striking ‘‘or’’ at the end of subparagraph

23 (R),

24 (2) by striking the period at the end of sub25 paragraph (S) and inserting ‘‘; or’’, and
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1 (3) by inserting after subparagraph (S) the fol2 lowing new subparagraph:

3 ‘‘(T) an alien who is the spouse or child of a

4 another alien who is serving on active duty in the

5 Armed Forces of the United States during the pe6 riod in which the other alien is stationed in the

7 United States.’’.

8 SEC. 811. COMMISSION REPORT ON FRAUD ASSOCIATED

9 WITH BIRTH CERTIFICATES.

10 Section 141 of the Immigration Act of 1990 is

11 amended—

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

23 certificates for the purpose of obtaining other iden24 tity documents that may be used in securing immi25 gration, 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 CER4 TIFICATE FRAUD.—In the report described in sub5 section (b)(3), the Commission shall consider and

6 analyze the 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

12 behalf of the individual.’’.

13 SEC. 812. UNIFORM VITAL STATISTICS.

14 (a) PILOT PROGRAM.—The Secretary of Health and

15 Human Services shall consult with the State agency re16 sponsible for registration and certification of births and

17 deaths and, within 3 years of the date of enactment of

18 this Act, shall establish a pilot program for 3 of the 5

19 States with the largest number of undocumented aliens

20 of an electronic network linking the vital statistics records

21 of such States. The network shall provide, where practical,

22 for the matching of deaths with births and shall enable

23 the confirmation of births and deaths of citizens of such

24 States, or of aliens within such States, by any Federal

25 or State agency or official in the performance of official
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1 duties. The Secretary and participating State agencies

2 shall institute measures to achieve uniform and accurate

3 reporting of vital statistics into the pilot program network,

4 to protect the integrity of the registration and certification

5 process, and to prevent fraud against the Government and

6 other persons through the use of false birth or death cer7 tificates.

8 (b) REPORT.—Not later than 180 days after the es9 tablishment of the pilot program under subsection (a), the

10 Secretary shall issue a written report to Congress with rec11 ommendations on how the pilot program could effectively

12 be instituted as a national network for the United States.

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated for fiscal year 1996 and

15 for subsequent fiscal years such sums as may be necessary

16 to carry out this section.

17 SEC. 813. COMMUNICATION BETWEEN STATE AND LOCAL

18 GOVERNMENT AGENCIES, AND THE IMMIGRA19 TION AND NATURALIZATION SERVICE.

20 Notwithstanding any other provision of Federal,

21 State, or local law, no State or local government entity

22 shall prohibit, or in any way restrict, any government en23 tity or any official within its jurisdiction from sending to

24 or receiving from the Immigration and Naturalization
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1 Service information regarding the immigration status,

2 lawful or unlawful, or an alien in the United States.

3 SEC. 814. CRIMINAL ALIEN REIMBURSEMENT COSTS.

4 Amounts appropriated to carry out section 501 of the

5 Immigration and Reform Act of 1986 for fiscal year 1995

6 shall be available to carry out section 242(j) of the Immi7 gration and Nationality Act in that fiscal year with respect

8 to undocumented criminal aliens incarcerated under the

9 authority of political subdivisions of a State.

10 SEC. 815. MISCELLANEOUS TECHNICAL CORRECTIONS.

11 (a) AMENDMENTS RELATING TO PUBLIC LAW 103–

12 322 (VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

13 ACT OF 1994).—

14 (1) Section 60024(1)(F) of the Violent Crime

15 Control and Law Enforcement Act of 1994 (Public

16 Law 103–322) (in this subsection referred to as

17 ‘‘VCCLEA’’) is amended by inserting ‘‘United

18 States Code,’’ after ‘‘title 18,’’.

19 (2) Section 274(a)(2) (8 U.S.C. 1324(a)(2)), as

20 amended by section 60024(2) of VCCLEA, is

21 amended by striking the first period after ‘‘both’’.

22 (3) Section 130003(b)(3) of VCCLEA is

23 amended by striking ‘‘Naturalization’’ and inserting

24 ‘‘Nationality’’.
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1 (4)(A) Section 214 (8 U.S.C. 1184) is amended

2 by redesignating the subsection (j), added by section

3 130003(b)(2) of VCCLEA (108 Stat. 2025), and the

4 subsection (k), added by section 220(b) of the Immi5 gration and Nationality Technical Amendments Act

6 of 1994 (Public Law 103–416, 108 Stat. 4319), as

7 subsections (k) and (l), respectively.

8 (B) Section 101(a)(15)(S) (8 U.S.C.

9 1101(a)(15)(S)) is amended by striking ‘‘214(j)’’

10 and inserting ‘‘214(k)’’.

11 (5)(A) Section 245 (8 U.S.C. 1255) is amended

12 by redesignating the subsection (i) added by section

13 130003(c)(1) of VCCLEA as subsection (j).

14 (B) Section 241(a)(2)(A)(i)(I) (8 U.S.C.

15 1251(a)(2)(A)(i)(I)), as amended by section

16 130003(d) of VCCLEA and before redesignation by

17 section 305(2), is amended by striking ‘‘245(i)’’ and

18 inserting ‘‘245(j)’’.

19 (6) Section 245(i)(3), as added by section

20 130003(c)(1) of VCCLEA, is amended by striking

21 ‘‘paragraphs (1) or (2)’’ and inserting ‘‘paragraph

22 (1) or (2)’’.

23 (7) Section 130007(a) of VCCLEA is amended

24 by striking ‘‘242A(d)’’ and inserting ‘‘242A(a)(3)’’.
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1 (8) The amendments made by this subsection

2 shall be effective as if included in the enactment of

3 the VCCLEA.

4 (b) AMENDMENTS RELATING TO IMMIGRATION AND

5 NATIONALITY TECHNICAL CORRECTIONS ACT OF 1994.—

6 (1) Section 101(d) of the Immigration and Na7 tionality Technical Corrections Act of 1994 (Public

8 Law 103–416) (in this subsection referred to as

9 ‘‘INTCA’’) is amended—

10 (A) by striking ‘‘APPLICATION’’ and all

11 that follows through ‘‘This’’ and inserting ‘‘AP12 PLICABILITY OF TRANSMISSION REQUIRE13 MENTS.—This’’;

14 (B) by striking ‘‘any residency or other re15 tention requirements for’’ and inserting ‘‘the

16 application of any provision of law relating to

17 residence or physical presence in the United

18 States for purposes of transmitting United

19 States’’; and

20 (C) by striking ‘‘as in effect’’ and all that

21 follows through the end and inserting ‘‘to any

22 person whose claim is based on the amendment

23 made by subsection (a) or through whom such

24 a claim is derived.’’.
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1 (2) Section 102 of INTCA is amended by add2 ing at the end the following new subsection:

3 ‘‘(e) TRANSITION.—In applying the amendment made

4 by subsection (a) to children born before November 14,

5 1986, any reference in the matter inserted by such amend6 ment to ‘five years, at least two of which’ is deemed a

7 reference to ‘10 years, at least 5 of which’.’’.

8 (3) Section 351(a) (8 U.S.C. 1483(a)), as

9 amended by section 105(a)(2)(A) of INTCA, is

10 amended by striking the comma after ‘‘nationality’’.

11 (4) Section 207(2) of INTCA is amended by in12 serting a comma after ‘‘specified’’.

13 (5) Section 101(a)(43) (8 U.S.C. 1101(a)(43))

14 is amended—

15 (A) in subparagraph (K)(ii), by striking

16 the comma after ‘‘1588’’, and

17 (B) in subparagraph (O), by striking ‘‘sus18 picion’’ and inserting ‘‘suspension’’.

19 (6) Section 273(b) (8 U.S.C. 1323(b)), as

20 amended by section 209(a) of INTCA, is amended

21 by striking ‘‘remain’’ and inserting ‘‘remains’’.

22 (7) Section 209(a)(1) of INTCA is amended by

23 striking ‘‘$3000’’ and inserting ‘‘$3,000’’.

24 (8) Section 209(b) of INTCA is amended by

25 striking ‘‘subsection’’ and inserting ‘‘section’’.
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1 (9) Section 217(f) (8 U.S.C. 1187(f)), as

2 amended by section 210 of INTCA, is amended by

3 adding a period at the end.

4 (10) Section 219(cc) of INTCA is amended by

5 striking ‘‘ ‘year 1993 the first place it appears’ ’’

6 and inserting ‘‘ ‘year 1993’ the first place it ap7 pears’’.

8 (11) Section 219(ee) of INTCA is amended by

9 adding at the end the following new paragraph:

10 ‘‘(3) The amendments made by this subsection shall

11 take effect on the date of the enactment of this Act.’’.

12 (12) Paragraphs (4) and (6) of section 286(r)

13 (8 U.S.C. 1356(r)) are amended by inserting ‘‘the’’

14 before ‘‘Fund’’ each place it appears.

15 (13) Section 221 of INTCA is amended—

16 (A) by striking each semicolon and insert17 ing a comma,

18 (B) by striking ‘‘disasters.’’ and inserting

19 ‘‘disasters,’’, and

20 (C) by striking ‘‘The official’’ and inserting

21 ‘‘the official’’.

22 (14) Section 242A (8 U.S.C. 1252a), as added

23 by section 224(a) of INTCA and before redesigna24 tion as section 238 by section 308(b)(6), is amended

25 by redesignating subsection (d) as subsection (c).
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1 (15) Section 225 of INTCA is amended—

2 (A) by striking ‘‘section 242(i)’’ and in3 serting ‘‘sections 242(i) and 242A’’, and

4 (B) by inserting ‘‘, 1252a’’ after

5 ‘‘1252(i)’’.

6 (16) Except as otherwise provided in this sub7 section, the amendments made by this subsection

8 shall take effect as if included in the enactment of

9 INTCA.

10 (c) STRIKING REFERENCES TO SECTION 210A.—

11 (1)(A) Section 201(b)(1)(C) (8 U.S.C.

12 1151(b)(1)(C)) and section 274B(a)(3)(B) (8 U.S.C.

13 1324b(a)(3)(B)) are each amended by striking ‘‘,

14 210A,’’.

15 (B) Section 241(a)(1) (8 U.S.C. 1251(a)(1)),

16 before redesignation by section 305(2), is amended

17 by striking subparagraph (F).

18 (2) Sections 204(c)(1)(D)(i) and 204(j)(4) of

19 Immigration Reform and Control Act of 1986 are

20 each amended by striking ‘‘, 210A,’’.

21 (d) MISCELLANEOUS CHANGES IN THE IMMIGRATION

22 AND NATIONALITY ACT.—
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1 (1) Before being amended by section 308(a),

2 the item in the table of contents relating to section

3 242A is amended to read as follows:

‘‘Sec. 242A. Expedited deportation of aliens convicted of committing aggravated felonies.’’.

4 (2) Section 101(a)(43)(N) (8 U.S.C.

5 1101(a)(43)(N)) is amended by striking ‘‘of title 18,

6 United States Code’’.

7 (3) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is

8 amended by striking ‘‘, 321, and 322’’ and inserting

9 ‘‘and 321’’.

10 (4) Pursuant to section 6(b) of Public Law

11 103–272 (108 Stat. 1378)—

12 (A) section 214(f)(1) (8 U.S.C.

13 1184(f)(1)) is amended by striking ‘‘section

14 101(3) of the Federal Aviation Act of 1958’’

15 and inserting ‘‘section 40102(a)(2) of title 49,

16 United States Code’’; and

17 (B) section 258(b)(2) (8 U.S.C.

18 1288(b)(2)) is amended by striking ‘‘section

19 105 or 106 of the Hazardous Materials Trans20 portation Act (49 U.S.C. App. 1804, 1805’’ and

21 inserting ‘‘section 5103(b), 5104, 5106, 5107,

22 or 5110 of title 49, United States Code’’.
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1 (5) Section 286(h)(1)(A) (8 U.S.C.

2 1356(h)(1)(A)) is amended by inserting a period

3 after ‘‘expended’’.

4 (6) Section 286(h)(2)(A) (8 U.S.C.

5 1356(h)(2)(A)) is amended—

6 (A) by striking ‘‘and’’ at the end of clause

7 (iv),

8 (B) by moving clauses (v) and (vi) 2 ems

9 to the left,

10 (C) by striking ‘‘; and’’ in clauses (v) and

11 (vi) and inserting ‘‘and for’’,

12 (D) by striking the colons in clauses (v)

13 and (vi), and

14 (E) by striking the period at the end of

15 clause (v) and inserting ‘‘; and’’.

16 (7) Section 412(b) (8 U.S.C. 1522(b)) is

17 amended by striking the comma after ‘‘is author18 ized’’ in paragraph (3) and after ‘‘The Secretary’’ in

19 paragraph (4).

20 (e) MISCELLANEOUS CHANGE IN THE IMMIGRATION

21 ACT OF 1990.—Section 161(c)(3) of the Immigration Act

22 of 1990 is amended by striking ‘‘an an’’ and inserting ‘‘of

23 an’’.

24 (f) MISCELLANEOUS CHANGES IN OTHER ACTS.—
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1 (1) Section 506(a) of the Intelligence Author2 ization Act, Fiscal Year 1990 (Public Law 101–193)

3 is amended by striking ‘‘this section’’ and inserting

4 ‘‘such section’’.

5 (2) Section 140 of the Foreign Relations Au6 thorization Act, Fiscal Years 1994 and 1995, as

7 amended by section 505(2) of Public Law 103–317,

8 is amended—

9 (A) by moving the indentation of sub10 sections (f) and (g) 2 ems to the left, and

11 (B) in subsection (g), by striking ‘‘(g)’’

12 and all that follows through ‘‘shall’’ and insert13 ing ‘‘(g) Subsections (d) and (e) shall’’.

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