Calendar No. 361

104TH CONGRESS

2D SESSION S. 1664

[Report No. 104–249]

A BILL

To amend the Immigration and Nationality Act to

of welfare by aliens; and for other purposes.portation law and procedures; to reduce the usefraud, and reforming asylum, exclusion, and depenalties for alien smuggling and documentship or work-authorized alien status, increasingthe system used by employers to verify citizentive personnel and detention facilities, improvingStates by increasing border patrol and investigaincrease control over immigration to the United

APRIL 10, 1996

Reported without amendment
II

Calendar No. 361

104TH CONGRESS

2D SESSION S. 1664

[Report No. 104–249]

To amend the Immigration and Nationality Act to increase control over

immigration to the United States by increasing border patrol and investigative personnel and detention facilities, improving the system used

by employers to verify citizenship or work-authorized alien status, increasing penalties for alien smuggling and document fraud, and reforming asylum, exclusion, and deportation law and procedures; to reduce

the use of welfare by aliens; and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 10, 1996

Mr. HATCH, from the Committee on the Judiciary, reported under the authority of the Senate of March 29, 1996 the following original bill; which was

read twice and placed on the calendar

APRIL 10, 1996

Reported by Mr. HATCH, without amendment

A BILL

To amend the Immigration and Nationality Act to increase

control over immigration to the United States by increasing border patrol and investigative personnel and detention facilities, improving the system used by employers

to verify citizenship or work-authorized alien status, increasing penalties for alien smuggling and document

fraud, and reforming asylum, exclusion, and deportation
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law and procedures; to reduce the use of welfare by

aliens; 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; REFERENCES IN ACT.

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

5 ‘‘Immigration Control and Financial Responsibility Act of

6 1996’’.

7 (b) REFERENCES IN ACT.—Except as otherwise spe8 cifically provided in this Act, whenever in this Act an

9 amendment or repeal is expressed as an amendment to

10 or repeal of a provision, the reference shall be deemed to

11 be made to the Immigration and Nationality Act (8 U.S.C.

12 1101 et seq.).

13 SEC. 2. TABLE OF CONTENTS.

14 The table of contents for this Act is as follows:

Sec. 1. Short title; references in Act.

Sec. 2. Table of contents.

TITLE I—IMMIGRATION CONTROL

Subtitle A—Law Enforcement

Part 1—Additional Enforcement Personnel and Facilities

Sec. 101. Border Patrol agents.

Sec. 102. Investigators.

Sec. 103. Land border inspectors.

Sec. 104. Investigators of visa overstayers.

Sec. 105. Increased personnel levels for the Labor Department.

Sec. 106. Increase in INS detention facilities.

Sec. 107. Hiring and training standards.

Sec. 108. Construction of fencing and road improvements in the border area

near San Diego, California.

Part 2—Verification of Eligibility to Work and to Receive Public Assistance
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SUBPART A—DEVELOPMENT OF NEW VERIFICATION SYSTEM

Sec. 111. Establishment of new system.

Sec. 112. Demonstration projects.

Sec. 113. Comptroller General monitoring and reports.

Sec. 114. General nonpreemption of existing rights and remedies.

Sec. 115. Definitions.

SUBPART B—STRENGTHENING EXISTING VERIFICATION PROCEDURES

Sec. 116. Changes in list of acceptable employment-verification documents.

Sec. 117. Treatment of certain documentary practices as unfair immigration-related employment practices.

Sec. 118. Improvements in identification-related documents.

Sec. 119. Enhanced civil penalties if labor standards violations are present.

Sec. 120. Increased number of Assistant United States Attorneys to prosecute

cases of unlawful employment of aliens or document fraud.

Sec. 120A. Subpoena authority for cases of unlawful employment of aliens or

document fraud.

Sec. 120B. Task force to improve public education regarding unlawful employment of aliens and unfair immigration-related employment

practices.

Sec. 120C. Nationwide fingerprinting of apprehended aliens.

Sec. 120D. Application of verification procedures to State agency referrals of

employment.

Sec. 120E. Retention of verification form.

Part 3—Alien Smuggling; Document Fraud

Sec. 121. Wiretap authority for investigations of alien smuggling or document

fraud.

Sec. 122. Amendments to RICO relating to alien smuggling and document

fraud offenses.

Sec. 123. Increased criminal penalties for alien smuggling.

Sec. 124. Admissibility of videotaped witness testimony.

Sec. 125. Expanded forfeiture for alien smuggling and document fraud.

Sec. 126. Criminal forfeiture for alien smuggling or document fraud.

Sec. 127. Increased criminal penalties for fraudulent use of government-issued

documents.

Sec. 128. Criminal penalty for false statement in a document required under

the immigration laws or knowingly presenting document which

fails to contain reasonable basis in law or fact.

Sec. 129. New criminal penalties for failure to disclose role as preparer of false

application for asylum or for preparing certain post-conviction

applications.

Sec. 130. New document fraud offenses; new civil penalties for document fraud.

Sec. 131. New exclusion for document fraud or for failure to present documents.

Sec. 132. Limitation on withholding of deportation and other benefits for aliens

excludable for document fraud or failing to present documents,

or excludable aliens apprehended at sea.

Sec. 133. Penalties for involuntary servitude.

Sec. 134. Exclusion relating to material support to terrorists.

Part 4—Exclusion and Deportation

Sec. 141. Special exclusion procedure.
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Sec. 142. Streamlining judicial review of orders of exclusion or deportation.

Sec. 143. Civil penalties for failure to depart.

Sec. 144. Conduct of proceedings by electronic means.

Sec. 145. Subpoena authority.

Sec. 146. Language of deportation notice; right to counsel.

Sec. 147. Addition of nonimmigrant visas to types of visa denied for countries

refusing to accept deported aliens.

Sec. 148. Authorization of special fund for costs of deportation.

Sec. 149. Pilot program to increase efficiency in removal of detained aliens.

Sec. 150. Limitations on relief from exclusion and deportation.

Sec. 151. Alien stowaways.

Sec. 152. Pilot program on interior repatriation and other methods to multiple

unlawful entries.

Sec. 153. Pilot program on use of closed military bases for the detention of excludable or deportable aliens.

Sec. 154. Requirement for immunization against vaccine-preventable diseases

for aliens seeking permanent residency.

Sec. 155. Certification requirements for foreign health-care workers.

Sec. 156. Increased bar to reentry for aliens previously removed.

Sec. 157. Elimination of consulate shopping for visa overstays.

Sec. 158. Incitement as a basis for exclusion from the United States.

Sec. 159. Conforming amendment to withholding of deportation.

Part 5—Criminal Aliens

Sec. 161. Amended definition of aggravated felony.

Sec. 162. Ineligibility of aggravated felons for adjustment of status.

Sec. 163. Expeditious deportation creates no enforceable right for aggravated

felons.

Sec. 164. Custody of aliens convicted of aggravated felonies.

Sec. 165. Judicial deportation.

Sec. 166. Stipulated exclusion or deportation.

Sec. 167. Deportation as a condition of probation.

Sec. 168. Annual report on criminal aliens.

Sec. 169. Undercover investigation authority.

Sec. 170. Prisoner transfer treaties.

Sec. 170A. Prisoner transfer treaties study.

Sec. 170B. Using alien for immoral purposes, filing requirement.

Sec. 170C. Technical corrections to Violent Crime Control Act and Technical

Corrections Act.

Sec. 170D. Demonstration project for identification of illegal aliens in incarceration facility of Anaheim, California.

Part 6—Miscellaneous

Sec. 171. Immigration emergency provisions.

Sec. 172. Authority to determine visa processing procedures.

Sec. 173. Joint study of automated data collection.

Sec. 174. Automated entry-exit control system.

Sec. 175. Use of legalization and special agricultural worker information.

Sec. 176. Rescission of lawful permanent resident status.

Sec. 177. Communication between Federal, State, and local government agencies, and the Immigration and Naturalization Service.

Sec. 178. Authority to use volunteers.

Sec. 179. Authority to acquire Federal equipment for border.

Sec. 180. Limitation on legalization litigation.
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Sec. 181. Limitation on adjustment of status.

Sec. 182. Report on detention space.

Sec. 183. Compensation of special inquiry officers.

Sec. 184. Acceptance of State services to carry out immigration enforcement.

Sec. 185. Alien witness cooperation.

Subtitle B—Other Control Measures

Part 1—Parole Authority

Sec. 191. Usable only on a case-by-case basis for humanitarian reasons or significant public benefit.

Sec. 192. Inclusion in worldwide level of family-sponsored immigrants.

Part 2—Asylum

Sec. 193. Limitations on asylum applications by aliens using documents fraudulently or by excludable aliens apprehended at sea; use of special

exclusion procedures.

Sec. 194. Time limitation on asylum claims.

Sec. 195. Limitation on work authorization for asylum applicants.

Sec. 196. Increased resources for reducing asylum application backlogs.

Part 3—Cuban Adjustment Act

Sec. 197. Repeal and exception.

TITLE II—FINANCIAL RESPONSIBILITY

Subtitle A—Receipt of Certain Government Benefits

Sec. 201. Ineligibility of excludable, deportable, and nonimmigrant aliens.

Sec. 202. Definition of ‘‘public charge’’ for purposes of deportation.

Sec. 203. Requirements for sponsor’s affidavit of support.

Sec. 204. Attribution of sponsor’s income and resources to family-sponsored immigrants.

Sec. 205. Verification of student eligibility for postsecondary Federal student financial assistance.

Sec. 206. Authority of States and localities to limit assistance to aliens and to

distinguish among classes of aliens in providing general public

assistance.

Sec. 207. Earned income tax credit denied to individuals not citizens or lawful

permanent residents.

Sec. 208. Increased maximum criminal penalties for forging or counterfeiting

seal of a Federal department or agency to facilitate benefit

fraud by an unlawful alien.

Sec. 209. State option under the medicaid program to place anti-fraud investigators in hospitals.

Sec. 210. Computation of targeted assistance.

Subtitle B—Miscellaneous Provisions

Sec. 211. Reimbursement of States and localities for emergency medical assistance for certain illegal aliens.

Sec. 212. Treatment of expenses subject to emergency medical services exception.

Sec. 213. Pilot programs.
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Subtitle C—Effective Dates

Sec. 221. Effective dates.

1 Subtitle A—Law Enforcement

2 PART 1—ADDITIONAL ENFORCEMENT

3 PERSONNEL AND FACILITIES

4 SEC. 101. BORDER PATROL AGENTS.

5 (a) BORDER PATROL AGENTS.—The Attorney Gen6 eral, in fiscal year 1996 shall increase by no less than 700,

7 and in each of fiscal years 1997, 1998, 1999, and 2000,

8 shall increase by no less than 1,000, the number of posi9 tions for full-time, active-duty Border Patrol agents within

10 the Immigration and Naturalization Service above the

11 number of such positions for which funds were allotted

12 for the preceding fiscal year.

13 (b) BORDER PATROL SUPPORT PERSONNEL.—The

14 Attorney General, in each of fiscal years 1996, 1997,

15 1998, 1999, and 2000, may increase by not more than

16 300 the number of positions for personnel in support of

17 Border Patrol agents above the number of such positions

18 for which funds were allotted for the preceding fiscal year.

19 SEC. 102. INVESTIGATORS.

20 (a) AUTHORIZATION.—There are authorized to be ap21 propriated to the Department of Justice such funds as

22 may be necessary to enable the Commissioner of the Immi23 gration and Naturalization Service to increase the number

24 of investigators and support personnel to investigate po-
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1 tential violations of sections 274 and 274A of the Immi2 gration and Nationality Act (8 U.S.C. 1324 and 1324a)

3 by a number equivalent to 300 full-time active-duty inves4 tigators in each of fiscal years 1996, 1997, and 1998.

5 (b) LIMITATION ON OVERTIME.—None of the funds

6 made available to the Immigration and Naturalization

7 Service under this section shall be available for adminis8 trative expenses to pay any employee overtime pay in an

9 amount in excess of $25,000 for any fiscal year.

10 SEC. 103. LAND BORDER INSPECTORS.

11 In order to eliminate undue delay in the thorough in12 spection of persons and vehicles lawfully attempting to

13 enter the United States, the Attorney General and the

14 Secretary of the Treasury shall increase, by approximately

15 equal numbers in each of fiscal years 1996 and 1997, the

16 number of full-time land border inspectors assigned to ac17 tive duty by the Immigration and Naturalization Service

18 and the United States Customs Service to a level adequate

19 to assure full staffing during peak crossing hours of all

20 border crossing lanes currently in use, under construction,

21 or whose construction has been authorized by Congress,

22 except such low-use lanes as the Attorney General may

23 designate.
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1 SEC. 104. INVESTIGATORS OF VISA OVERSTAYERS.

2 There are authorized to be appropriated to the De3 partment of Justice such funds as may be necessary to

4 enable the Commissioner of the Immigration and Natu5 ralization Service to increase the number of investigators

6 and support personnel to investigate visa overstayers by

7 a number equivalent to 300 full-time active-duty investiga8 tors in fiscal year 1996.

9 SEC. 105. INCREASED PERSONNEL LEVELS FOR THE LABOR

10 DEPARTMENT.

11 (a) INVESTIGATORS.—The Secretary of Labor, in

12 consultation with the Attorney General, is authorized to

13 hire in the Wage and Hour Division of the Department

14 of Labor for fiscal years 1996 and 1997 not more than

15 350 investigators and staff to enforce existing legal sanc16 tions against employers who violate current Federal wage

17 and hour laws.

18 (b) ASSIGNMENT OF ADDITIONAL PERSONNEL.—In19 dividuals employed to fill the additional positions described

20 in subsection (a) shall be assigned to investigate violations

21 of wage and hour laws in areas where the Attorney Gen22 eral has notified the Secretary of Labor that there are

23 high concentrations of aliens present in the United States

24 in violation of law.

25 (c) PREFERENCE FOR BILINGUAL WAGE AND HOUR

26 INSPECTORS.—In hiring new wage and our inspectors
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1 pursuant to this section, the Secretary of Labor shall give

2 priority to the employment of multilingual candidates who

3 are proficient in both English and such other language

4 or languages as may be spoken in the region in which such

5 inspectors are likely to be deployed.

6 SEC. 106. INCREASE IN INS DETENTION FACILITIES.

7 Subject to the availability of appropriations, the At8 torney General shall provide for an increase in the deten9 tion facilities of the Immigration and Naturalization Serv10 ice to at least 9,000 beds before the end of fiscal year

11 1997.

12 SEC. 107. HIRING AND TRAINING STANDARDS.

13 (a) REVIEW OF HIRING STANDARDS.—Within 60

14 days of the enactment of this title, the Attorney General

15 shall review all prescreening and hiring standards to be

16 utilized by the Immigration and Naturalization Service to

17 increase personnel pursuant to this title and, where nec18 essary, revise those standards to ensure that they are con19 sistent with relevant standards of professionalism.

20 (b) CERTIFICATION.—At the conclusion of each of

21 the fiscal years 1996, 1997, 1998, 1999, and 2000, the

22 Attorney General shall certify in writing to the Congress

23 that all personnel hired pursuant to this title for the pre24 vious fiscal year were hired pursuant to the appropriate

25 standards.
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1 (c) REVIEW OF TRAINING STANDARDS.—(1) Within

2 180 days of the date of the enactment of this Act, the

3 Attorney General shall review the sufficiency of all train4 ing standards to be utilized by the Immigration and Natu5 ralization Service in training all personnel hired pursuant

6 to this title.

7 (2)(A) The Attorney General shall submit a report

8 to the Congress on the results of the review conducted

9 under paragraph (1), including—

10 (i) a description of the status of ongoing efforts

11 to update and improve training throughout the Im12 migration and Naturalization Service, and

13 (ii) a statement of a timeframe for the comple14 tion of those efforts.

15 (B) In addition, the report shall disclose those areas

16 of training that the Attorney General determines require

17 additional or ongoing review in the future.

18 SEC. 108. CONSTRUCTION OF FENCING AND ROAD

19 IMPROVEMENTS IN THE BORDER AREA NEAR

20 SAN DIEGO, CALIFORNIA.

21 (a) IN GENERAL.—The Attorney General shall pro22 vide for the construction along the 14 miles of the inter23 national land border between the United States and Mex24 ico, starting at the Pacific Ocean and extending eastward,
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1 of second and third fences, in addition to the existing rein2 forced fence, and for roads between the fences.

3 (b) PROMPT ACQUISITION OF NECESSARY EASE4 MENTS.—The Attorney General shall promptly acquire

5 such easements as may be necessary to carry out this sub6 section and shall commence construction of fences imme7 diately following such acquisition (or conclusion of por8 tions thereof).

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated to carry out this section

11 not to exceed $12,000,000. Amounts appropriated under

12 this subsection are authorized to remain available until ex13 pended.

14 PART 2—VERIFICATION OF ELIGIBILITY TO

15 WORK AND TO RECEIVE PUBLIC ASSISTANCE

16 Subpart A—Development of New Verification System

17 SEC. 111. ESTABLISHMENT OF NEW SYSTEM.

18 (a) IN GENERAL.—(1) Not later than three years

19 after the date of enactment of this Act or, within one year

20 after the end of the last renewed or additional demonstra21 tion project (if any) conducted pursuant to the exception

22 in section 112(a)(4), whichever is later, the President

23 shall—

24 (A) develop and recommend to the Congress a

25 plan for the establishment of a data system or alter-
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1 native system (in this part referred to as the ‘‘sys2 tem’’), subject to subsections (b) and (c), to verify

3 eligibility for employment in the United States, and

4 immigration status in the United States for pur5 poses of eligibility for benefits under public assist6 ance programs (as defined in section 201(f)(3) or

7 government benefits described in section 201(f)(4));

8 (B) submit to the Congress a report setting

9 forth—

10 (i) a description of such recommended

11 plan;

12 (ii) data on and analyses of the alter13 natives considered in developing the plan de14 scribed in subparagraph (A), including analyses

15 of data from the demonstration projects con16 ducted pursuant to section 112; and

17 (iii) data on and analysis of the system de18 scribed in subparagraph (A), including esti19 mates of—

20 (I) the proposed use of the system, on

21 an industry-sector by industry-sector basis;

22 (II) the public assistance programs

23 and government benefits for which use of

24 the system is cost-effective and otherwise

25 appropriate;
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1 (III) the cost of the system;

2 (IV) the financial and administrative

3 cost to employers;

4 (V) the reduction of undocumented

5 workers in the United States labor force

6 resulting from the system;

7 (VI) any unlawful discrimination

8 caused by or facilitated by use of the

9 system;

10 (VII) any privacy intrusions caused by

11 misuse or abuse of system;

12 (VIII) the accuracy rate of the sys13 tem; and

14 (IX) the overall costs and benefits

15 that would result from implementation of

16 the system.

17 (2) The plan described in paragraph (1) shall take

18 effect on the date of enactment of a bill or joint resolution

19 approving the plan.

20 (b) OBJECTIVES.—The plan described in subsection

21 (a)(1) shall have the following objectives:

22 (1) To substantially reduce illegal immigration

23 and unauthorized employment of aliens.
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1 (2) To increase employer compliance, especially

2 in industry sectors known to employ undocumented

3 workers, with laws governing employment of aliens.

4 (3) To protect individuals from national origin

5 or citizenship-based unlawful discrimination and

6 from loss of privacy caused by use, misuse, or abuse

7 of personal information.

8 (4) To minimize the burden on business of ver9 ification of eligibility for employment in the United

10 States, including the cost of the system to

11 employers.

12 (5) To ensure that those who are ineligible for

13 public assistance or other government benefits are

14 denied or terminated, and that those eligible for

15 public assistance or other government benefits

16 shall—

17 (A) be provided a reasonable opportunity

18 to submit evidence indicating a satisfactory im19 migration status; and

20 (B) not have eligibility for public assist21 ance or other government benefits denied, re22 duced, terminated, or unreasonably delayed on

23 the basis of the individual’s immigration status

24 until such a reasonable opportunity has been

25 provided.
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1 (c) SYSTEM REQUIREMENTS.—(1) A verification sys2 tem may not be implemented under this section unless the

3 system meets the following requirements:

4 (A) The system must be capable of reliably de5 termining with respect to an individual whether—

6 (i) the person with the identity claimed by

7 the individual is authorized to work in the Unit8 ed States or has the immigration status being

9 claimed; and

10 (ii) the individual is claiming the identity

11 of another person.

12 (B) Any document (other than a document used

13 under section 274A of the Immigration and Nation14 ality Act) required by the system must be presented

15 to or examined by either an employer or an adminis16 trator of public assistance or other government bene17 fits, as the case may be, and—

18 (i) must be in a form that is resistant to

19 counterfeiting and to tampering; and

20 (ii) must not be required by any Govern21 ment entity or agency as a national identifica22 tion card or to be carried or presented except—

23 (I) to verify eligibility for employment

24 in the United States or immigration status

25 in the United States for purposes of eligi-
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1 bility for benefits under public assistance

2 programs (as defined in section 201(f)(3)

3 or government benefits described in section

4 201(f)(4));

5 (II) to enforce the Immigration and

6 Nationality Act or sections 911, 1001,

7 1028, 1542, 1546, or 1621 of title 18,

8 United States Code; or

9 (III) if the document was designed for

10 another purposes (such as a license to

11 drive a motor vehicle, a certificate of birth,

12 or a social security account number card

13 issued by the Administration), as required

14 under law for such other purpose.

15 (C) The system must not be used for law en16 forcement purposes other than the purposes de17 scribed in subparagraph (B).

18 (D) The system must ensure that information

19 is complete, accurate, verifiable, and timely. Correc20 tions or additions to the system records of an indi21 vidual provided by the individual, the Administra22 tion, or the Service, or other relevant Federal agen23 cy, must be checked for accuracy, processed, and en24 tered into the system within 10 business days after
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1 the agency’s acquisition of the correction or addi2 tional information.

3 (E)(i) Any personal information obtained in

4 connection with a demonstration project under sec5 tion 112 must not be made available to Government

6 agencies, employers, or other persons except to the

7 extent necessary—

8 (I) to verify, by an individual who is au9 thorized to conduct the employment verification

10 process, that an employee is not an unauthor11 ized alien (as defined in section 274A(h)(3) of

12 the Immigration and Nationality Act (8 U.S.C.

13 1324a(h)(3));

14 (II) to take other action required to carry

15 out section 112;

16 (III) to enforce the Immigration and Na17 tionality Act or section 911, 1001, 1028, 1542,

18 1546, or 1621 of title 18, United States Code;

19 or

20 (IV) to verify the individual’s immigration

21 status for purposes of determining eligibility for

22 Federal benefits under public assistance pro23 grams (defined in section 201(f)(3) or govern24 ment benefits described in section 201(f)(4)).
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1 (ii) In order to ensure the integrity, confiden2 tiality, and security of system information, the sys3 tem and those who use the system must maintain

4 appropriate administrative, technical, and physical

5 safeguards, such as—

6 (I) safeguards to prevent unauthorized dis7 closure of personal information, including pass8 words, cryptography, and other technologies;

9 (II) audit trails to monitor system use; or

10 (III) procedures giving an individual the

11 right to request records containing personal in12 formation about the individual held by agencies

13 and used in the system, for the purpose of ex14 amination, copying, correction, or amendment,

15 and a method that ensures notice to individuals

16 of these procedures.

17 (F) A verification that a person is eligible for

18 employment in the United States may not be with19 held or revoked under the system for any reasons

20 other than a determination pursuant to section

21 274A of the Immigration and Nationality Act.

22 (G) The system must be capable of accurately

23 verifying electronically within 5 business days,

24 whether a person has the required immigration sta25 tus in the United States and is legally authorized for
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1 employment in the United States in a substantial

2 percentage of cases (with the objective of not less

3 than 99 percent).

4 (H) There must be reasonable safeguards

5 against the system’s resulting in unlawful discrimi6 natory practices based on national origin or citizen7 ship status, including—

8 (i) the selective or unauthorized use of the

9 system to verify eligibility;

10 (ii) the use of the system prior to an offer

11 of employment;

12 (iii) the exclusion of certain individuals

13 from consideration for employment as a result

14 of a perceived likelihood that additional verifica15 tion will be required, beyond what is required

16 for most job applicants; or

17 (iv) denial reduction, termination, or un18 reasonable delay of public assistance to an indi19 vidual as a result of the perceived likelihood

20 that such additional verification will be

21 required.

22 (2) As used in this subsection, the term ‘‘business

23 day’’ means any day other than Saturday, Sunday, or any

24 day on which the appropriate Federal agency is closed.
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1 (d) REMEDIES AND PENALTIES FOR UNLAWFUL DIS2 CLOSURE.—

3 (1) CIVIL REMEDIES.—

4 (A) RIGHT OF INFORMATIONAL PRIVACY.—

5 The Congress declares that any person who

6 provides to an employer the information re7 quired by this section or section 274A of the

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

9 1324a) has a privacy expectation that the infor10 mation will only be used for compliance with

11 this Act or other applicable Federal, State, or

12 local law.

13 (B) CIVIL ACTIONS.—A employer, or other

14 person or entity, who knowingly and willfully

15 discloses the information that an employee is

16 required to provide by this section or section

17 274A of the Immigration and Nationality Act

18 (8 U.S.C. 1324a) for any purpose not author19 ized by this Act or other applicable Federal,

20 State, or local law shall be liable to the em21 ployee for actual damages. An action may be

22 brought in any Federal, State, or local court

23 having jurisdiction over the matter.

24 (2) CRIMINAL PENALTIES.—Any employer, or

25 other person or entity, who willfully and knowingly
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1 obtains, uses, or discloses information required pur2 suant to this section or section 274A of the Immi3 gration and Nationality Act (8 U.S.C. 1324a) for

4 any purpose not authorized by this Act or other ap5 plicable Federal, State, or local law shall be found

6 guilty of a misdemeanor and fined not more than

7 $5,000.

8 (3) PRIVACY ACT.—

9 (A) IN GENERAL.—Any person who is a

10 United States citizen, United States national,

11 lawful permanent resident, or other employ12 ment-authorized alien, and who is subject to

13 verification of work authorization or lawful

14 presence in the United States for purposes of

15 benefits eligibility under this section or section

16 112, shall be considered an individual under

17 section 552(a)(2) of title 5, United States Code,

18 with respect to records covered by this section.

19 (B) DEFINITION.—For purposes of this

20 paragraph, the term ‘‘record’’ means an item,

21 collection, or grouping of information about an

22 individual which—

23 (i) is created, maintained, or used by

24 a Federal agency for the purpose of deter25 mining—
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1 (I) the individual’s authorization

2 to work; or

3 (II) immigration status in the

4 United States for purposes of eligi5 bility to receive Federal, State or local

6 benefits in the United States; and

7 (ii) contains the individuals’s name or

8 identifying number, symbol, or any other

9 identifier assigned to the individual.

10 (e) EMPLOYER SAFEGUARDS.—An employer shall not

11 be liable for any penalty under section 274A of the Immi12 gration and Nationality Act for employing an unauthor13 ized alien, if—

14 (1) the alien appeared throughout the term of

15 employment to be prima facie eligible for the em16 ployment under the requirements of section 274A(b)

17 of such Act;

18 (2) the employer followed all procedures re19 quired in the system; and

20 (3)(A) the alien was verified under the system

21 as eligible for the employment; or

22 (B) the employer discharged the alien within a

23 reasonable period after receiving notice that the final

24 verification procedure had failed to verify that the

25 alien was eligible for the employment.
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1 (f) RESTRICTION ON USE OF DOCUMENTS.—If the

2 Attorney General determines that any document described

3 in section 274A(b)(1) of the Immigration and Nationality

4 Act as establishing employment authorization or identity

5 does not reliably establish such authorization or identity

6 or, to an unacceptable degree, is being used fraudulently

7 or is being requested for purposes not authorized by this

8 Act, the Attorney General may, by regulation, prohibit or

9 place conditions on the use of the document for purposes

10 of the system or the verification system established in sec11 tion 274A(b) of the Immigration and Nationality Act.

12 (g) PROTECTION FROM LIABILITY FOR ACTIONS

13 TAKEN ON THE BASIS OF INFORMATION PROVIDED BY

14 THE VERIFICATION SYSTEM.—No person shall be civilly

15 or criminally liable under section 274A of the Immigration

16 and Nationality Act for any action adverse to an individual

17 if such action was taken in good faith reliance on informa18 tion relating to such individual provided through the sys19 tem (including any demonstration project conducted under

20 section 112).

21 (h) STATUTORY CONSTRUCTION.—The provisions of

22 this section supersede the provisions of section 274A of

23 the Immigration and Nationality Act to the extent of any

24 inconsistency therewith.
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1 SEC. 112. DEMONSTRATION PROJECTS.

2 (a) AUTHORITY.—

3 (1) IN GENERAL.—(A)(i) Subject to clause (ii),

4 the President, acting through the Attorney General,

5 shall begin conducting several local and regional

6 projects, and a project in the legislative branch of

7 the Federal Government, to demonstrate the feasibil8 ity of alternative systems for verifying eligibility for

9 employment in the United States, and immigration

10 status in the United States for purposes of eligibility

11 for benefits under public assistance programs (as de12 fined in section 201(f)(3) and government benefits

13 described in section 201(f)(4)).

14 (ii) Each project under this section shall be

15 consistent with the objectives of section 111(b) and

16 this section and shall be conducted in accordance

17 with an agreement entered into with the State, local18 ity, employer, other entity, or the legislative branch

19 of the Federal Government, as the case may be.

20 (iii) In determining which State(s), localities,

21 employers, or other entities shall be designated for

22 such projects, the Attorney General shall take into

23 account the estimated number of excludable aliens

24 and deportable aliens in each State or locality.

25 (B) For purposes of this paragraph, the term

26 ‘‘legislative branch of the Federal Government’’ in-
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1 cludes all offices described in section 101(9) of the

2 Congressional Accountability Act of 1995 (2 U.S.C.

3 1301(9)) and all agencies of the legislative branch of

4 Government.

5 (2) DESCRIPTION OF PROJECTS.—Demonstra6 tion projects conducted under this subsection may

7 include, but are not limited to—

8 (A) a system which allows employers to

9 verify the eligibility for employment of new em10 ployees using Administration records and, if

11 necessary, to conduct a cross-check using Serv12 ice records;

13 (B) a simulated linkage of the electronic

14 records of the Service and the Administration

15 to test the technical feasibility of establishing a

16 linkage between the actual electronic records of

17 the Service and the Administration;

18 (C) improvements and additions to the

19 electronic records of the Service and the Admin20 istration for the purpose of using such records

21 for verification of employment eligibility;

22 (D) a system which allows employers to

23 verify the continued eligibility for employment

24 of employees with temporary work authoriza25 tion;
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1 (E) a system that requires employers to

2 verify the validity of employee social security

3 account numbers through a telephone call, and

4 to verify employee identity through a United

5 States passport, a State driver’s license or iden6 tification document, or a document issued by

7 the Service for purposes of this clause;

8 (F) a system which is based on State-is9 sued driver’s licenses and identification cards

10 that include a machine readable social security

11 account number and are resistant to tampering

12 and counterfeiting; and

13 (G) a system that requires employers to

14 verify with the Service the immigration status

15 of every employee except one who has attested

16 that he or she is a United States citizen or na17 tional.

18 (3) COMMENCEMENT DATE.—The first dem19 onstration project under this section shall commence

20 not later than six months after the date of the en21 actment of this Act.

22 (4) TERMINATION DATE.—The authority of

23 paragraph (1) shall cease to be effective four years

24 after the date of enactment of this Act, except that,

25 if the President determines that any one or more of
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1 the projects conducted pursuant to paragraph (2)

2 should be renewed, or one or more additional

3 projects should be conducted before a plan is rec4 ommended under section 111(a)(1)(A), the Presi5 dent may conduct such project or projects for up to

6 an additional three-year period, without regard to

7 section 274A(d)(4)(A) of the Immigration and Na8 tionality Act.

9 (b) OBJECTIVES.—The objectives of the demonstra10 tion projects conducted under this section are—

11 (1) to assist the Attorney General in measuring

12 the benefits and costs of systems for verifying eligi13 bility for employment in the United States, and im14 migration status in the United States for purposes

15 of eligibility for benefits under public assistance pro16 grams defined in section 201(f)(3) and for govern17 ment benefits described in section 201(f)(4);

18 (2) to assist the Service and the Administration

19 in determining the accuracy of Service and Adminis20 tration data that may be used in such systems; and

21 (3) to provide the Attorney General with infor22 mation necessary to make determinations regarding

23 the likely effects of the tested systems on employers,

24 employees, and other individuals, including informa25 tion on—
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1 (A) losses of employment to individuals as

2 a result of inaccurate information in the

3 system;

4 (B) unlawful discrimination;

5 (C) privacy violations;

6 (D) cost to individual employers, including

7 the cost per employee and the total cost as a

8 percentage of the employers payroll; and

9 (E) timeliness of initial and final verifica10 tion determinations.

11 (c) CONGRESSIONAL CONSULTATION.—(1) Not later

12 than 12 months after the date of the enactment of this

13 Act, and annually thereafter, the Attorney General or the

14 Attorney General’s representatives shall consult with the

15 Committees on the Judiciary of the House of Representa16 tives and the Senate regarding the demonstration projects

17 being conducted under this section.

18 (2) The Attorney General or her representative, in

19 fulfilling the obligations described in paragraph (1), shall

20 submit to the Congress the estimated cost to employers

21 of each demonstration project, including the system’s indi22 rect and administrative costs to employers.

23 (d) IMPLEMENTATION.—In carrying out the projects

24 described in subsection (a), the Attorney General shall—
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1 (1) support and, to the extent possible, facili2 tate the efforts of Federal and State government

3 agencies in developing—

4 (A) tamper- and counterfeit-resistant docu5 ments that may be used in a new verification

6 system, including drivers’ licenses or similar

7 documents issued by a State for the purpose of

8 identification, the social security account num9 ber card issued by the Administration, and cer10 tificates of birth in the United States or estab11 lishing United States nationality at birth; and

12 (B) recordkeeping systems that would re13 duce the fraudulent obtaining of such docu14 ments, including a nationwide system to match

15 birth and death records;

16 (2) require appropriate notice to prospective

17 employees concerning employers’ participation in a

18 demonstration project, which notice shall contain in19 formation on filing complaints regarding misuse of

20 information or unlawful discrimination by employers

21 participating in the demonstration; and

22 (3) require employers to establish procedures

23 developed by the Attorney General—

24 (A) to safeguard all personal information

25 from unauthorized disclosure and to condition
30

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1 release of such information to any person or en2 tity upon the person’s or entity’s agreement to

3 safeguard such information; and

4 (B) to provide notice to all new employees

5 and applicants for employment of the right to

6 request an agency to review, correct, or amend

7 the employee’s or applicant’s record and the

8 steps to follow to make such a request.

9 (e) REPORT OF ATTORNEY GENERAL.—Not later

10 than 60 days before the expiration of the authority for

11 subsection (a)(1), the Attorney General shall submit to the

12 Congress a report containing an evaluation of each of the

13 demonstration projects conducted under this section, in14 cluding the findings made by the Comptroller General

15 under section 113.

16 (f) SYSTEM REQUIREMENTS.—

17 (1) IN GENERAL.—Demonstration projects con18 ducted under this section shall substantially meet

19 the criteria in section 111(c)(1), except that with re20 spect to the criteria in subparagraphs (D) and (G)

21 of section 111(c)(1), such projects are required only

22 to be likely to substantially meet the criteria, as de23 termined by the Attorney General.

24 (2) SUPERSEDING EFFECT.—If the Attorney

25 General determines that any demonstration project
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1 conducted under this section substantially meets the

2 criteria in section 111(c)(1), other than the criteria

3 in subparagraphs (D) and (G) of that section, and

4 meets the criteria in such subparagraphs (D) and

5 (G) to a sufficient degree, the requirements for par6 ticipants in such project shall apply during the re7 maining period of its operation in lieu of the proce8 dures required under section 274A(b) of the Immi9 gration and Nationality Act. Section 274B of such

10 Act shall remain fully applicable to the participants

11 in the project.

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated such sums as may be

14 necessary to carry out this section.

15 (h) STATUTORY CONSTRUCTION.—The provisions of

16 this section supersede the provisions of section 274A of

17 the Immigration and Nationality Act to the extent of any

18 inconsistency therewith.

19 SEC. 113. COMPTROLLER GENERAL MONITORING AND

20 REPORTS.

21 (a) IN GENERAL.—The Comptroller General of the

22 United States shall track, monitor, and evaluate the com23 pliance of each demonstration project with the objectives

24 of sections 111 and 112, and shall verify the results of

25 the demonstration projects.
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1 (b) RESPONSIBILITIES.—

2 (1) COLLECTION OF INFORMATION.—The

3 Comptroller General of the United States shall col4 lect and consider information on each requirement

5 described in section 111(a)(1)(C).

6 (2) TRACKING AND RECORDING OF PRAC7 TICES.—The Comptroller General shall track and

8 record unlawful discriminatory employment prac9 tices, if any, resulting from the use or disclosure of

10 information pursuant to a demonstration project or

11 implementation of the system, using such methods

12 as—

13 (A) the collection and analysis of data;

14 (B) the use of hiring audits; and

15 (C) use of computer audits, including the

16 comparison of such audits with hiring records.

17 (3) MAINTENANCE OF DATA.—The Comptroller

18 General shall also maintain data on unlawful dis19 criminatory practices occurring among a representa20 tive sample of employers who are not participants in

21 any project under this section to serve as a baseline

22 for comparison with similar data obtained from em23 ployers who are participants in projects under this

24 section.

25 (c) REPORTS.—
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1 (1) DEMONSTRATION PROJECTS.—Beginning

2 12 months after the date of the enactment of this

3 Act, and annually thereafter, the Comptroller Gen4 eral of the United States shall submit a report to

5 the Committees on the Judiciary of the House of

6 Representatives and the Senate setting forth evalua7 tions of—

8 (A) the extent to which each demonstration

9 project is meeting each of the requirements of

10 section 111(c); and

11 (B) the Comptroller General’s preliminary

12 findings made under this section.

13 (2) VERIFICATION SYSTEM.—Not later than 60

14 days after the submission to the Congress of the

15 plan under section 111(a)(2), the Comptroller Gen16 eral of the United States shall submit a report to

17 the Congress setting forth an evaluation of—

18 (A) the extent to which the proposed sys19 tem, if any, meets each of the requirements of

20 section 111(c); and

21 (B) the Comptroller General’s findings

22 made under this section.
34

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1 SEC. 114. GENERAL NONPREEMPTION OF EXISTING RIGHTS

2 AND REMEDIES.

3 Nothing in this subpart may be construed to deny,

4 impair, or otherwise adversely affect any right or remedy

5 available under Federal, State, or local law to any person

6 on or after the date of the enactment of this Act except

7 to the extent the right or remedy is inconsistent with any

8 provision of this part.

9 SEC. 115. DEFINITIONS.

10 For purposes of this subpart—

11 (1) ADMINISTRATION.— The term ‘‘Administra12 tion’’ means the Social Security Administration.

13 (2) EMPLOYMENT AUTHORIZED ALIEN.—The

14 term ‘‘employment authorized alien’’ means an alien

15 who has been provided with an ‘‘employment author16 ized’’ endorsement by the Attorney General or other

17 appropriate work permit in accordance with the Im18 migration and Nationality Act.

19 (3) SERVICE.—The term ‘‘Service’’ means the

20 Immigration and Naturalization Service.

21 Subpart B—Strengthening Existing Verification

22 Procedures

23 SEC. 116. CHANGES IN LIST OF ACCEPTABLE EMPLOY24 MENT-VERIFICATION DOCUMENTS.

25 (a) AUTHORITY TO REQUIRE SOCIAL SECURITY AC26 COUNT NUMBERS.—Section 274A (8 U.S.C. 1324a) is
35

•S 1664 RS

1 amended by adding at the end of subsection (b)(2) the

2 following new sentence: ‘‘The Attorney General is author3 ized to require an individual to provide on the form de4 scribed in paragraph (1)(A) the individual’s social security

5 account number for purposes of complying with this

6 section.’’.

7 (b) CHANGES IN ACCEPTABLE DOCUMENTATION FOR

8 EMPLOYMENT AUTHORIZATION AND IDENTITY.—

9 (1) REDUCTION IN NUMBER OF ACCEPTABLE

10 EMPLOYMENT-VERIFICATION DOCUMENTS.—Section

11 274A(b)(1) (8 U.S.C. 1324a(b)(1)) is amended—

12 (A) in subparagraph (B)—

13 (i) by striking clauses (ii), (iii), and

14 (iv);

15 (ii) by redesignating clause (v) as

16 clause (ii);

17 (iii) in clause (i), by adding at the end

18 ‘‘or’’;

19 (iv) in clause (ii) (as redesignated), by

20 amending the text preceding subclause (I)

21 to read as follows:

22 ‘‘(ii) resident alien card, alien reg23 istration card, or other document des24 ignated by regulation by the Attorney Gen25 eral, if the document—’’; and
36

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1 (v) in clause (ii) (as redesignated)—

2 (I) by striking ‘‘and’’ at the end

3 of subclause (I);

4 (II) by striking the period at the

5 end of subclause (II) and inserting ‘‘,

6 and’’; and

7 (III) by adding at the end the

8 following new subclause:

9 ‘‘(III) contains appropriate secu10 rity features.’’; and

11 (B) in subparagraph (C)—

12 (i) by inserting ‘‘or’’ after the ‘‘semi13 colon’’ at the end of clause (i);

14 (ii) by striking clause (ii); and

15 (iii) by redesignating clause (iii) as

16 clause (ii).

17 (2) AUTHORITY TO PROHIBIT USE OF CERTAIN

18 DOCUMENTS.—If the Attorney General finds, by reg19 ulation, that any document described in section

20 274A(b)(1) of the Immigration and Nationality Act

21 (8 U.S.C. 1324a(b)(1)) as establishing employment

22 authorization or identity does not reliably establish

23 such authorization or identity or is being used fraud24 ulently to an unacceptable degree, the Attorney Gen25 eral may prohibit or place conditions on its use for
37

•S 1664 RS

1 purposes of the verification system established in

2 section 274A(b) of the Immigration and Nationality

3 Act under section 111 of this Act.

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

5 subsections (a) and (b)(1) shall apply with respect to hir6 ing (or recruiting or referring) occurring on or after such

7 date as the Attorney General shall designate (but not later

8 than 180 days after the date of the enactment of this Act).

9 SEC. 117. TREATMENT OF CERTAIN DOCUMENTARY PRAC10 TICES AS UNFAIR IMMIGRATION-RELATED

11 EMPLOYMENT PRACTICES

12 Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is

13 amended—

14 (1) by striking ‘‘For purposes of paragraph (1),

15 a’’ and inserting ‘‘A’’; and

16 (2) by striking ‘‘relating to the hiring of indi17 viduals’’ and inserting the following: ‘‘if made for

18 the purpose or with the intent of discriminating

19 against an individual in violation of paragraph (1)’’.

20 SEC. 118. IMPROVEMENTS IN IDENTIFICATION-RELATED

21 DOCUMENTS.

22 (a) BIRTH CERTIFICATES.—

23 (1) LIMITATION ON ACCEPTANCE.—(A) No

24 Federal agency, including but not limited to the So25 cial Security Administration and the Department of
38

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1 State, and no State agency that issues driver’s li2 censes or identification documents, may accept for

3 any official purpose a copy of a birth certificate, as

4 defined in paragraph (5), unless it is issued by a

5 State or local government registrar and it conforms

6 to standards described in subparagraph (B).

7 (B) The standards described in this subpara8 graph are those set forth in regulations promulgated

9 by the Secretary of Health and Human Services,

10 after consultation with the Association for Public

11 Health Statistics and Information Systems

12 (APHSIS), and shall include but not be limited to—

13 (i) certification by the agency issuing the

14 birth certificate, and

15 (ii) use of safety paper, the seal of the is16 suing agency, and other features designed to

17 limit tampering, counterfeiting, and use by

18 impostors.

19 (2) LIMITATION ON ISSUANCE.—(A) If one or

20 more of the conditions described in subparagraph

21 (B) is present, no State or local government agency

22 may issue an official copy of a birth certificate per23 taining to an individual unless the copy prominently

24 notes that such individual is deceased.
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1 (B) The conditions described in this subpara2 graph include—

3 (i) the presence on the original birth cer4 tificate of a notation that the individual is de5 ceased, or

6 (ii) actual knowledge by the issuing agency

7 that the individual is deceased obtained through

8 information provided by the Social Security Ad9 ministration, by an interstate system of birth10 death matching, or otherwise.

11 (3) GRANTS TO STATES.—(A)(i) The Secretary

12 of Health and Human Services shall establish a

13 fund, administered through the National Center for

14 Health Statistics, to provide grants to the States to

15 encourage them to develop the capability to match

16 birth and death records, within each State and

17 among the States, and to note the fact of death on

18 the birth certificates of deceased persons. In develop19 ing the capability described in the preceding sen20 tence, States shall focus first on persons who were

21 born after 1950.

22 (ii) Such grants shall be provided in proportion

23 to population and in an amount needed to provide

24 a substantial incentive for the States to develop such

25 capability.
40

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1 (B) The Secretary of Health and Human Serv2 ices shall establish a fund, administered through the

3 National Center for Health Statistics, to provide

4 grants to the States for a project in each of 5 States

5 to demonstrate the feasibility of a system by which

6 each such State’s office of vital statistics would be

7 provided, within 24 hours, sufficient information to

8 establish the fact of death of every individual dying

9 in such State.

10 (C) There are authorized to be appropriated to

11 the Department of Health and Human Services such

12 amounts as may be necessary to provide the grants

13 described in subparagraphs (A) and (B).

14 (4) REPORT.—Not later than one year after the

15 date of the enactment of this Act, the Secretary of

16 Health and Human Services shall submit a report to

17 the Congress on ways to reduce the fraudulent ob18 taining and the fraudulent use of birth certificates,

19 including any such use to obtain a social security ac20 count number or a State or Federal document relat21 ed to identification or immigration.

22 (5) CERTIFICATE OF BIRTH.—As used in this

23 section, the term ‘‘birth certificate’’ means a certifi24 cate of birth registered in the United States.
41

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1 (6) EFFECTIVE DATE.—This subsection shall

2 take effect on October 1, 1997.

3 (b) STATE-ISSUED DRIVERS LICENSES.—

4 (1) SOCIAL SECURITY ACCOUNT NUMBER.—

5 Each State-issued driver’s license and identification

6 document shall contain a social security account

7 number, except that this paragraph shall not apply

8 if the document is issued by a State that requires,

9 pursuant to a statute enacted prior to the date of

10 enactment of this Act, or pursuant to a regulation

11 issued thereunder or an administrative policy, that—

12 (A) every applicant for such license or doc13 ument submit the number, and

14 (B) an agency of such State verify with the

15 Social Security Administration that the number

16 is valid and is not a number assigned for use

17 by persons without authority to work in the

18 United States.

19 (2) APPLICATION PROCESS.—The application

20 process for a State driver’s license or identification

21 document shall include the presentation of such evi22 dence of identity as is required by regulations pro23 mulgated by the Secretary of Transportation, after

24 consultation with the American Association of Motor

25 Vehicle Administrators.
42

•S 1664 RS

1 (3) FORM OF LICENSE AND IDENTIFICATION

2 DOCUMENT.—Each State driver’s license and identi3 fication document shall be in a form consistent with

4 requirements set forth in regulations promulgated by

5 the Secretary of Transportation, after consultation

6 with the American Association of Motor Vehicle Ad7 ministrators. Such form shall contain security fea8 tures designed to limit tampering, counterfeiting,

9 and use by impostors.

10 (4) LIMITATION ON ACCEPTANCE OF LICENSE

11 AND IDENTIFICATION DOCUMENT.—Neither the So12 cial Security Administration or the Passport Office

13 or any other Federal agency or any State or local

14 government agency may accept for any evidentiary

15 purpose a State driver’s license or identification doc16 ument in a form other than the form described in

17 paragraph (3).

18 (5) EFFECTIVE DATE.—This subsection shall

19 take effect on October 1, 1997.

20 SEC. 119. ENHANCED CIVIL PENALTIES IF LABOR STAND21 ARDS VIOLATIONS ARE PRESENT.

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

23 1324a(e)) is amended by adding at the end the following:

24 ‘‘(10)(A) The administrative law judge shall

25 have the authority to require payment of a civil
43

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1 money penalty in an amount up to two times the

2 amount of the penalty prescribed by this subsection

3 in any case in which the employer has been found

4 to have committed a willful violation or repeated vio5 lations of any of the following statutes:

6 ‘‘(i) The Fair Labor Standards Act (29

7 U.S.C. 201 et seq.) pursuant to a final deter8 mination by the Secretary of Labor or a court

9 of competent jurisdiction.

10 ‘‘(ii) The Migrant and Seasonal Agricul11 tural Worker Protection Act (29 U.S.C. 1801 et

12 seq.) pursuant to a final determination by the

13 Secretary of Labor or a court of competent

14 jurisdiction.

15 ‘‘(iii) The Family and Medical Leave Act

16 (29 U.S.C. 2601 et seq.) pursuant to a final de17 termination by the Secretary of Labor or a

18 court of competent jurisdiction.

19 ‘‘(B) The Secretary of Labor and the Attorney

20 General shall consult regarding the administration of

21 this paragraph.’’.

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

23 this section shall apply with respect to offenses occurring

24 on or after the date of the enactment of this Act.
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1 SEC. 120. INCREASED NUMBER OF ASSISTANT UNITED

2 STATES ATTORNEYS TO PROSECUTE CASES

3 OF UNLAWFUL EMPLOYMENT OF ALIENS OR

4 DOCUMENT FRAUD.

5 The Attorney General is authorized to hire for fiscal

6 years 1996 and 1997 such additional Assistant United

7 States Attorneys as may be necessary for the prosecution

8 of actions brought under sections 274A and 274C of the

9 Immigration and Nationality Act and sections 911, 1001,

10 1015 through 1018, 1028, 1030, 1541 through 1544,

11 1546, and 1621 of title 18, United States Code. Each such

12 additional attorney shall be used primarily for such pros13 ecutions.

14 SEC. 120A. SUBPOENA AUTHORITY FOR CASES OF UNLAW15 FUL EMPLOYMENT OF ALIENS OR DOCUMENT

16 FRAUD.

17 (a) IMMIGRATION OFFICER AUTHORITY.—

18 (1) UNLAWFUL EMPLOYMENT.—Section

19 274A(e)(2) (8 U.S.C. 1324a(e)(1)) is amended—

20 (A) by striking ‘‘and’’ at the end of sub21 paragraph (A);

22 (B) by striking the period at the end of

23 subparagraph (B) and inserting ‘‘, and’’; and

24 (C) by inserting after subparagraph (B)

25 the following new subparagraph:
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1 ‘‘(C) immigration officers designated by

2 the Commissioner may compel by subpoena the

3 attendance of witnesses and the production of

4 evidence at any designated place prior to the fil5 ing of a complaint in a case under paragraph

6 (2).’’.

7 (2) DOCUMENT FRAUD.—Section 274C(d)(1) (8

8 U.S.C. 1324c(d)(1)) is amended—

9 (A) by striking ‘‘and’’ at the end of sub10 paragraph (A);

11 (B) by striking the period at the end of

12 subparagraph (B) and inserting ‘‘, and’’; and

13 (C) by inserting after subparagraph (B)

14 the following new subparagraph:

15 ‘‘(C) immigration officers designated by

16 the Commissioner may compel by subpoena the

17 attendance of witnesses and the production of

18 evidence at any designated place prior to the fil19 ing of a complaint in a case under paragraph

20 (2).’’.

21 (b) SECRETARY OF LABOR SUBPOENA

22 AUTHORITY.—

23 (1) IN GENERAL.—Chapter 9 of title II of the

24 Immigration and Nationality Act is amended by

25 adding at the end the following new section:
46

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1 ‘‘SECRETARY OF LABOR SUBPOENA AUTHORITY

2 ‘‘SEC. 294. The Secretary of Labor may issue sub3 poenas requiring the attendance and testimony of wit4 nesses or the production of any records, books, papers,

5 or documents in connection with any investigation or hear6 ing conducted in the enforcement of any immigration pro7 gram for which the Secretary of Labor has been delegated

8 enforcement authority under the Act. In such hearing, the

9 Secretary of Labor may administer oaths, examine wit10 nesses, and receive evidence. For the purpose of any such

11 hearing or investigation, the authority contained in sec12 tions 9 and 10 of the Federal Trade Commission Act (15

13 U.S.C. 49, 50), relating to the attendance of witnesses and

14 the production of books, papers, and documents, shall be

15 available to the Secretary of Labor.’’.

16 (2) CONFORMING AMENDMENT.—The table of

17 contents of the Immigration and Nationality Act is

18 amended by inserting after the item relating to sec19 tion 293 the following new item:

‘‘Sec. 294. Secretary of Labor subpoena authority.’’.
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1 SEC. 120B. TASK FORCE TO IMPROVE PUBLIC EDUCATION

2 REGARDING UNLAWFUL EMPLOYMENT OF

3 ALIENS AND UNFAIR IMMIGRATION-RELATED

4 EMPLOYMENT PRACTICES.

5 (a) ESTABLISHMENT.—The Attorney General shall

6 establish a task force within the Department of Justice

7 charged with the responsibility of—

8 (1) providing advice and guidance to employers

9 and employees relating to unlawful employment of

10 aliens under section 274A of the Immigration and

11 Nationality Act and unfair immigration-related em12 ployment practices under 274B of such Act; and

13 (2) assisting employers in complying with those

14 laws.

15 (b) COMPOSITION.—The members of the task force

16 shall be designated by the Attorney General from among

17 officers or employees of the Immigration and Naturaliza18 tion Service or other components of the Department of

19 Justice.

20 (c) ANNUAL REPORT.—The task force shall report

21 annually to the Attorney General on its operations.

22 SEC. 120C. NATIONWIDE FINGERPRINTING OF APPRE23 HENDED ALIENS.

24 There are authorized to be appropriated such addi25 tional sums as may be necessary to ensure that the pro26 gram ‘‘IDENT’’, operated by the Immigration and Natu-
48

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1 ralization Service pursuant to section 130007 of Public

2 Law 103–322, shall be expanded into a nationwide

3 program.

4 SEC. 120D. APPLICATION OF VERIFICATION PROCEDURES

5 TO STATE AGENCY REFERRALS OF EMPLOY6 MENT.

7 Section 274A(a) (8 U.S.C. 1324a(a)) is amended by

8 adding at the end the following new paragraph:

9 ‘‘(6) STATE AGENCY REFERRALS.—A State em10 ployment agency that refers any individual for em11 ployment shall comply with the procedures specified

12 in subsection (b). For purposes of the attestation re13 quirement in subsection (b)(1), the agency employee

14 who is primarily involved in the referral of the indi15 vidual shall make the attestation on behalf of the

16 agency.’’.

17 SEC. 120E. RETENTION OF VERIFICATION FORM.

18 Section 274A(b)(3) (8 U.S.C. 1324a(b)(3)) is amend19 ed by inserting after ‘‘must retain the form’’ the following:

20 ‘‘(except in any case of disaster, act of God, or other event

21 beyond the control of the person or entity)’’.
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1 PART 3—ALIEN SMUGGLING; DOCUMENT FRAUD

2 SEC. 121. WIRETAP AUTHORITY FOR INVESTIGATIONS OF

3 ALIEN SMUGGLING OR DOCUMENT FRAUD.

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

5 amended—

6 (1) in paragraph (c), by striking ‘‘or section

7 1992 (relating to wrecking trains)’’ and inserting

8 ‘‘section 1992 (relating to wrecking trains), a felony

9 violation of section 1028 (relating to production of

10 false identification documentation), section 1425 (re11 lating to the procurement of citizenship or national12 ization unlawfully), section 1426 (relating to the re13 production of naturalization or citizenship papers),

14 section 1427 (relating to the sale of naturalization

15 or citizenship papers), section 1541 (relating to

16 passport issuance without authority), section 1542

17 (relating to false statements in passport applica18 tions), section 1543 (relating to forgery or false use

19 of passports), section 1544 (relating to misuse of

20 passports), or section 1546 (relating to fraud and

21 misuse of visas, permits, and other documents)’’;

22 (2) by striking ‘‘or’’ at the end of paragraph

23 (l);

24 (3) by redesignating paragraphs (m), (n), and

25 (o) as paragraphs (n), (o), and (p), respectively; and
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1 (4) by inserting after paragraph (l) the follow2 ing new paragraph:

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

4 Immigration and Nationality Act (8 U.S.C. 1324, 1327,

5 or 1328) (relating to the smuggling of aliens);’’.

6 SEC. 122. ADDITIONAL COVERAGE IN RICO FOR OFFENSES

7 RELATING TO ALIEN SMUGGLING AND DOCU8 MENT FRAUD.

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

10 amended—

11 (1) by striking ‘‘or’’ after ‘‘law of the United

12 States,’’;

13 (2) by inserting ‘‘or’’ at the end of clause (E);

14 and

15 (3) by adding at the end the following: ‘‘(F)

16 any act, or conspiracy to commit any act, in viola17 tion of—

18 ‘‘(i) section 1028 (relating to production of

19 false identification documentation), section

20 1425 (relating to the procurement of citizenship

21 or nationalization unlawfully), section 1426 (re22 lating to the reproduction of naturalization or

23 citizenship papers), section 1427 (relating to

24 the sale of naturalization or citizenship papers),

25 section 1541 (relating to passport issuance
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1 without authority), section 1542 (relating to

2 false statements in passport applications), sec3 tion 1543 (relating to forgery or false use of

4 passports), or section 1544 (relating to misuse

5 of passports) of this title, or, for personal finan6 cial gain, section 1546 (relating to fraud and

7 misuse of visas, permits, and other documents)

8 of this title; or

9 ‘‘(ii) section 274, 277, or 278 of the Immi10 gration and Nationality Act.’’.

11 SEC. 123. INCREASED CRIMINAL PENALTIES FOR ALIEN

12 SMUGGLING.

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

14 1324(a)) is amended—

15 (1) in paragraph (1)(A)—

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

17 (iii);

18 (B) by striking the comma at the end of

19 clause (iv) and inserting ‘‘; or’’; and

20 (C) by adding at the end the following new

21 clause:

22 ‘‘(v)(I) engages in any conspiracy to

23 commit any of the preceding acts, or

24 ‘‘(II) aids or abets the commission of

25 any of the preceding acts,’’;
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1 (2) in paragraph (1)(B)—

2 (A) in clause (i), by inserting ‘‘or (v)(I)’’

3 after ‘‘(A)(i)’’;

4 (B) in clause (ii), by striking ‘‘or (iv)’’ and

5 inserting ‘‘(iv), or (v)(II)’’;

6 (C) in clause (iii), by striking ‘‘or (iv)’’ and

7 inserting ‘‘(iv), or (v)’’; and

8 (D) in clause (iv), by striking ‘‘or (iv)’’ and

9 inserting ‘‘(iv), or (v)’’;

10 (3) in paragraph (2)—

11 (A) in the matter preceding subparagraph

12 (A), by striking ‘‘for each transaction constitut13 ing a violation of this paragraph, regardless of

14 the number of aliens involved’’ and inserting

15 ‘‘for each alien in respect to whom a violation

16 of this paragraph occurs’’; and

17 (B) in the matter following subparagraph

18 (B)(iii), by striking ‘‘be fined’’ and all that fol19 lows through the period and inserting the fol20 lowing: ‘‘be fined under title 18, United States

21 Code, and shall be imprisoned for a first or sec22 ond offense, not more than 10 years, and for a

23 third or subsequent offense, not more than 15

24 years.’’; and
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1 (4) by adding at the end the following new

2 paragraph:

3 ‘‘(3) Any person who hires for employment an

4 alien—

5 ‘‘(A) knowing that such alien is an unau6 thorized alien (as defined in section

7 274A(h)(3)), and

8 ‘‘(B) knowing that such alien has been

9 brought into the United States in violation of

10 this subsection,

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

12 and shall be imprisoned for not more than 5 years.’’.

13 (b) SMUGGLING OF ALIENS WHO WILL COMMIT

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

15 amended—

16 (1) by striking ‘‘or’’ at the end of clause (ii);

17 (2) by redesignating clause (iii) as clause (iv);

18 and

19 (3) by inserting after clause (ii) the following

20 new clause:

21 ‘‘(iii) an offense committed with the

22 intent, or with substantial reason to be23 lieve, that the alien unlawfully brought into

24 the United States will commit an offense

25 against the United States or any State
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1 punishable by imprisonment for more than

2 1 year; or’’.

3 (c) SENTENCING GUIDELINES.—

4 (1) IN GENERAL.—Pursuant to its authority

5 under section 994(p) of title 28, United States Code,

6 the United States Sentencing Commission shall pro7 mulgate sentencing guidelines or amend existing

8 sentencing guidelines for offenders convicted of of9 fenses related to smuggling, transporting, harboring,

10 or inducing aliens in violation of section 274(a)

11 (1)(A) or (2)(B) of the Immigration and Nationality

12 Act (8 U.S.C. 1324(a) (1)(A), (2)(B)) in accordance

13 with this subsection.

14 (2) REQUIREMENTS.—In carrying out this sub15 section, the Commission shall, with respect to the of16 fenses described in paragraph (1)—

17 (A) increase the base offense level for such

18 offenses at least 3 offense levels above the ap19 plicable level in effect on the date of the enact20 ment of this Act;

21 (B) review the sentencing enhancement for

22 the number of aliens involved (U.S.S.G.

23 2L1.1(b)(2)), and increase the sentencing en24 hancement by at least 50 percent above the ap-
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1 plicable enhancement in effect on the date of

2 the enactment of this Act;

3 (C) impose an appropriate sentencing en4 hancement upon an offender with 1 prior felony

5 conviction arising out of a separate and prior

6 prosecution for an offense that involved the

7 same or similar underlying conduct as the cur8 rent offense, to be applied in addition to any

9 sentencing enhancement that would otherwise

10 apply pursuant to the calculation of the defend11 ant’s criminal history category;

12 (D) impose an additional appropriate sen13 tencing enhancement upon an offender with 2

14 or more prior felony convictions arising out of

15 separate and prior prosecutions for offenses

16 that involved the same or similar underling con17 duct as the current offense, to be applied in ad18 dition to any sentencing enhancement that

19 would otherwise apply pursuant to the calcula20 tion of the defendant’s criminal history

21 category;

22 (E) impose an appropriate sentencing en23 hancement on a defendant who, in the course of

24 committing an offense described in this sub25 section—
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1 (i) murders or otherwise causes death,

2 bodily injury, or serious bodily injury to an

3 individual;

4 (ii) uses or brandishes a firearm or

5 other dangerous weapon; or

6 (iii) engages in conduct that con7 sciously or recklessly places another in se8 rious danger of death or serious bodily in9 jury;

10 (F) consider whether a downward adjust11 ment is appropriate if the offense conduct in12 volves fewer than 6 aliens or the defendant

13 committed the offense other than for profit; and

14 (G) consider whether any other aggravat15 ing or mitigating circumstances warrant up16 ward or downward sentencing adjustments.

17 (d) EFFECTIVE DATE.—This section and the amend18 ments made by this section shall apply with respect to of19 fenses occurring on or after the date of the enactment of

20 this Act.

21 SEC. 124. ADMISSIBILITY OF VIDEOTAPED WITNESS

22 TESTIMONY.

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

24 at the end thereof the following new subsection:
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1 ‘‘(d) Notwithstanding any provision of the Federal

2 Rules of Evidence, the videotaped (or otherwise audio3 visually preserved) deposition of a witness to a violation

4 of subsection (a) who has been deported or otherwise ex5 pelled from the United States, or is otherwise unable to

6 testify, may be admitted into evidence in an action brought

7 for that violation if the witness was available for cross ex8 amination and the deposition otherwise complies with the

9 Federal Rules of Evidence.’’.

10 SEC. 125. EXPANDED FORFEITURE FOR ALIEN SMUGGLING

11 AND DOCUMENT FRAUD.

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

13 1324(b)) is amended—

14 (1) by amending paragraph (1) to read as

15 follows:

16 ‘‘(1) Any property, real or personal, which fa17 cilitates or is intended to facilitate, or has been or

18 is being used in or is intended to be used in the

19 commission of, a violation of, or conspiracy to vio20 late, subsection (a) or section 1028, 1425, 1426,

21 1427, 1541, 1542, 1543, 1544, or 1546 of title 18,

22 United States Code, or which constitutes, or is de23 rived from or traceable to, the proceeds obtained di24 rectly or indirectly from a commission of a violation

25 of, or conspiracy to violate, subsection (a) or section
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1 1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544,

2 or 1546 of title 18, United States Code, shall be

3 subject to seizure and forfeiture, except that—

4 ‘‘(A) no property used by any person as a

5 common carrier in the transaction of business

6 as a common carrier shall be forfeited under

7 the provisions of this section unless it shall ap8 pear that the owner or other person in charge

9 of such property was a consenting party or

10 privy to the unlawful act;

11 ‘‘(B) no property shall be forfeited under

12 this section by reason of any act or omission es13 tablished by the owner thereof to have been

14 committed or omitted by any person other than

15 such owner while such property was unlawfully

16 in the possession of a person other than the

17 owner in violation of, or in conspiracy to violate,

18 the criminal laws of the United States or of any

19 State; and

20 ‘‘(C) no property shall be forfeited under

21 this paragraph to the extent of an interest of

22 any owner, by reason of any act or omission es23 tablished by such owner to have been committed

24 or omitted without the knowledge or consent of

25 such owner, unless such act or omission was
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1 committed by an employee or agent of such

2 owner, and facilitated or was intended to facili3 tate, the commission of a violation of, or a con4 spiracy to violate, subsection (a) or section

5 1028, 1425, 1426, 1427, 1541, 1542, 1543,

6 1544, or 1546 of title 18, United States Code,

7 or was intended to further the business inter8 ests of the owner, or to confer any other benefit

9 upon the owner.’’;

10 (2) in paragraph (2)—

11 (A) by striking ‘‘conveyance’’ both places it

12 appears and inserting ‘‘property’’; and

13 (B) by striking ‘‘is being used in’’ and in14 serting ‘‘is being used in, is facilitating, has fa15 cilitated, or was intended to facilitate’’;

16 (3) in paragraph (3)—

17 (A) by inserting ‘‘(A)’’ immediately after

18 ‘‘(3)’’, and

19 (B) by adding at the end the following:

20 ‘‘(B) Before the seizure of any real prop21 erty pursuant to this section, the Attorney Gen22 eral shall provide notice and an opportunity to

23 be heard to the owner of the property. The At24 torney General shall prescribe such regulations
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1 as may be necessary to carry out this subpara2 graph.’’;

3 (4) in paragraphs (4) and (5), by striking ‘‘a

4 conveyance’’ and ‘‘conveyance’’ each place such

5 phrase or word appears and inserting ‘‘property’’;

6 and

7 (5) in paragraph (4)—

8 (A) by striking ‘‘or’’ at the end of subpara9 graph (C);

10 (B) by striking the period at the end of

11 subparagraph (D) and inserting ‘‘; or’’; and

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

13 subparagraph:

14 ‘‘(E) transfer custody and ownership of

15 forfeited property to any Federal, State, or

16 local agency pursuant to section 616(c) of the

17 Tariff Act of 1930 (19 U.S.C. 1616a(c)).’’.

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

19 this section shall apply with respect to offenses occurring

20 on or after the date of the enactment of this Act.
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1 SEC. 126. CRIMINAL FORFEITURE FOR ALIEN SMUGGLING,

2 UNLAWFUL EMPLOYMENT OF ALIENS, OR

3 DOCUMENT FRAUD.

4 Section 274 (8 U.S.C. 1324(b)) is amended by redes5 ignating subsections (c) and (d) as subsections (d) and

6 (e) and inserting after subsection (b) the following:

7 ‘‘(c) CRIMINAL FORFEITURE.—(1) Any person con8 victed of a violation of, or a conspiracy to violate, sub9 section (a) or section 274A(a) (1) or (2) of this Act, or

10 section 1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544,

11 or 1546 of title 18, United States Code, shall forfeit to

12 the United States, regardless of any provision of State

13 law—

14 ‘‘(A) any conveyance, including any vessel, vehi15 cle, or aircraft used in the commission of a violation

16 of, or a conspiracy to violate, subsection (a); and

17 ‘‘(B) any property real or personal—

18 ‘‘(i) that constitutes, or is derived from or

19 is traceable to the proceeds obtained directly or

20 indirectly from the commission of a violation of,

21 or a conspiracy to violate, subsection (a), sec22 tion 274A(a) (1) or (2) of this Act, or section

23 1028, 1425, 1426, 1427, 1541, 1542, 1543,

24 1544, or 1546 of title 18, United States Code;

25 or
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1 ‘‘(ii) that is used to facilitate, or is in2 tended to be used to facilitate, the commission

3 of a violation of, or a conspiracy to violate, sub4 section (a), section 274A(a) (1) or (2) of this

5 Act, or section 1028, 1425, 1426, 1427, 1541,

6 1542, 1543, 1544, or 1546 of title 18, United

7 States Code.

8 The court, in imposing sentence on such person, shall

9 order that the person forfeit to the United States all prop10 erty described in this subsection.

11 ‘‘(2) The criminal forfeiture of property under this

12 subsection, including any seizure and disposition of the

13 property and any related administrative or judicial pro14 ceeding, shall be governed by the provisions of section 413

15 of the Comprehensive Drug Abuse Prevention and Control

16 Act of 1970 (21 U.S.C. 853), other than subsections (a)

17 and (d) of such section 413.’’.

18 SEC. 127. INCREASED CRIMINAL PENALTIES FOR

19 FRAUDULENT USE OF GOVERNMENT-ISSUED

20 DOCUMENTS.

21 (a) PENALTIES FOR FRAUD AND MISUSE OF GOV22 ERNMENT-ISSUED IDENTIFICATION DOCUMENTS.—(1)

23 Section 1028(b) of title 18, United States Code, is amend24 ed to read as follows:

25 ‘‘(b)(1)(A) An offense under subsection (a) that is—
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1 ‘‘(i) the production or transfer of an identifica2 tion document or false identification document that

3 is or appears to be—

4 ‘‘(I) an identification document issued by

5 or under the authority of the United States; or

6 ‘‘(II) a birth certificate, or a driver’s li7 cense or personal identification card;

8 ‘‘(ii) the production or transfer of more than

9 five identification documents or false identification

10 documents; or

11 ‘‘(iii) an offense under paragraph (5) of such

12 subsection (a);

13 shall be punishable under subparagraph (B).

14 ‘‘(B) Except as provided in paragraph (4), a person

15 who violates an offense described in subparagraph (A)

16 shall be punishable by—

17 ‘‘(i) a fine under this title, imprisonment for

18 not more than 10 years, or both, for a first or sec19 ond offense; or

20 ‘‘(ii) a fine under this title, imprisonment for

21 not more than 15 years, or both, for a third or sub22 sequent offense.

23 ‘‘(2) A person convicted of an offense under sub24 section (a) that is—
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1 ‘‘(A) any other production or transfer of an

2 identification document or false identification docu3 ment; or

4 ‘‘(B) an offense under paragraph (3) of such

5 subsection;

6 shall be punishable by a fine under this title, imprison7 ment for not more than three years, or both.

8 ‘‘(3) A person convicted of an offense under sub9 section (a), other than an offense described in paragraph

10 (1) or (2), shall be punishable by a fine under this title,

11 imprisonment for not more than one year, or both.

12 ‘‘(4) Notwithstanding any other provision of this sec13 tion, the maximum term of imprisonment that may be im14 posed for an offense described in paragraph (1)(A) shall

15 be—

16 ‘‘(A) if committed to facilitate a drug traffick17 ing crime (as defined in section 929(a) of this title),

18 15 years; and

19 ‘‘(B) if committed to facilitate an act of inter20 national terrorism (as defined in section 2331 of this

21 title), 20 years.’’.

22 (2) Sections 1541 through 1544 of title 18, United

23 States Code, are amended by striking be fined under this

24 title, imprisoned not more than 10 years, or both.’’ each

25 place it appears and inserting the following:
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1 ‘‘, except as otherwise provided in this section, be—

2 ‘‘(1) fined under this title, imprisoned for not

3 more than 10 years, or both, for a first or second

4 offense; or

5 ‘‘(2) fined under this title, imprisoned for not

6 more than 15 years, or both, for a third or subse7 quent offense.

8 ‘‘Notwithstanding any other provision of this section,

9 the maximum term of imprisonment that may be imposed

10 for an offense under this section—

11 ‘‘(1) if committed to facilitate a drug traffick12 ing crime (as defined in section 929(a) of this title),

13 is 15 years; and

14 ‘‘(2) if committed to facilitate an act of inter15 national terrorism (as defined in section 2331 of this

16 title), is 20 years.’’.

17 (3) Section 1546(a) of title 18, United States Code,

18 is amended by striking ‘‘be fined under this title, impris19 oned not more than 10 years, or both.’’ and inserting the

20 following:

21 ‘‘, except as otherwise provided in this subsection,

22 be—

23 ‘‘(1) fined under this title, imprisoned for not

24 more than 10 years, or both, for a first or second

25 offense; or
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1 ‘‘(2) fined under this title, imprisoned for not

2 more than 15 years, or both, for a third or subse3 quent offense.

4 ‘‘Notwithstanding any other provision of this sub5 section, the maximum term of imprisonment that may be

6 imposed for an offense under this subsection—

7 ‘‘(1) if committed to facilitate a drug traffick8 ing crime (as defined in section 929(a) of this title),

9 is 15 years; and

10 ‘‘(2) if committed to facilitate an act of inter11 national terrorism (as defined in section 2331 of this

12 title), is 20 years.’’.

13 (4) Sections 1425 through 1427 of title 18, United

14 States Code, are amended by striking ‘‘be fined not more

15 than $5,000 or imprisoned not more than five years, or

16 both’’ each place it appears and inserting ‘‘, except as oth17 erwise provided in this section, be—

18 ‘‘(1) fined under this title, imprisoned for not

19 more than 10 years, or both, for a first or second

20 offense; or

21 ‘‘(2) fined under this title, imprisoned for not

22 more than 15 years, or both, for a third or subse23 quent offense.
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1 ‘‘Notwithstanding any other provision of this section,

2 the maximum term of imprisonment that may be imposed

3 for an offense under this section—

4 ‘‘(1) if committed to facilitate a drug traffick5 ing crime (as defined in section 929(a) of this title),

6 is 15 years; and

7 ‘‘(2) if committed to facilitate an act of inter8 national terrorism (as defined in section 2331 of this

9 title), is 20 years.’’.

10 (b) CHANGES TO THE SENTENCING LEVELS.—

11 (1) IN GENERAL.—Pursuant to the Commis12 sion’s authority under section 994(p) of title 28,

13 United States Code, the United States Sentencing

14 Commission shall promulgate sentencing guidelines

15 or amend existing sentencing guidelines for offend16 ers convicted of violating, or conspiring to violate,

17 sections 1028(b)(1), 1425 through 1427, 1541

18 through 1544, and 1546(a) of title 18, United

19 States Code, in accordance with this subsection.

20 (2) REQUIREMENTS.—In carrying out this sub21 section, the Commission shall, with respect to the of22 fenses referred to in paragraph (1)—

23 (A) increase the base offense level for such

24 offenses at least 2 offense levels above the level
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1 in effect on the date of the enactment of this

2 Act;

3 (B) review the sentencing enhancement for

4 number of documents or passports involved

5 (U.S.S.G. 2L2.1(b)(2)), and increase the up6 ward adjustment by at least 50 percent above

7 the applicable enhancement in effect on the

8 date of the enactment of this Act;

9 (C) impose an appropriate sentencing en10 hancement upon an offender with 1 prior felony

11 conviction arising out of a separate and prior

12 prosecution for an offense that involved the

13 same or similar underlying conduct as the cur14 rent offense, to be applied in addition to any

15 sentencing enhancement that would otherwise

16 apply pursuant to the calculation of the defend17 ant’s criminal history category;

18 (D) impose an additional appropriate sen19 tencing enhancement upon an offender with 2

20 or more prior felony convictions arising out of

21 separate and prior prosecutions for offenses

22 that involved the same or similar underling con23 duct as the current offense, to be applied in ad24 dition to any sentencing enhancement that

25 would otherwise apply pursuant to the calcula-
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1 tion of the defendant’s criminal history

2 category;

3 (E) consider whether a downward adjust4 ment is appropriate if the offense conduct in5 volves fewer than 6 documents, or the defend6 ant committed the offense other than for profit

7 and the offense was not committed to facilitate

8 an act of international terrorism; and

9 (F) consider whether any other aggravat10 ing or mitigating circumstances warrant up11 ward or downward sentencing adjustments.

12 (c) EFFECTIVE DATE.—This section and the amend13 ments made by this section shall apply with respect to of14 fenses occurring on or after the date of the enactment of

15 this Act.

16 SEC. 128. CRIMINAL PENALTY FOR FALSE STATEMENT IN A

17 DOCUMENT REQUIRED UNDER THE IMMIGRA18 TION LAWS OR KNOWINGLY PRESENTING

19 DOCUMENT WHICH FAILS TO CONTAIN REA20 SONABLE BASIS IN LAW OR FACT.

21 The fourth undesignated paragraph of section

22 1546(a) of title 18, United States Code, is amended to

23 read as follows:

24 ‘‘Whoever knowingly makes under oath, or as per25 mitted under penalty of perjury under section 1746 of title
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1 28, United States Code, knowingly subscribes as true, any

2 false statement with respect to a material fact in any ap3 plication, affidavit, or other document required by the im4 migration laws or regulations prescribed thereunder, or

5 knowingly presents any such application, affidavit, or

6 other document which contains any such false statement

7 or which fails to contain any reasonable basis in law or

8 fact—’’.

9 SEC. 129. NEW CRIMINAL PENALTIES FOR FAILURE TO DIS10 CLOSE ROLE AS PREPARER OF FALSE APPLI11 CATION FOR ASYLUM OR FOR PREPARING

12 CERTAIN POST-CONVICTION APPLICATIONS.

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

14 at the end the following new subsection:

15 ‘‘(e) CRIMINAL PENALTIES FOR FAILURE TO DIS16 CLOSE ROLE AS DOCUMENT PREPARER.—(1) Whoever, in

17 any matter within the jurisdiction of the Service under

18 section 208 of this Act, knowingly and willfully fails to

19 disclose, conceals, or covers up the fact that they have,

20 on behalf of any person and for a fee or other remunera21 tion, prepared or assisted in preparing an application

22 which was falsely made (as defined in subsection (f)) for

23 immigration benefits pursuant to section 208 of this Act,

24 or the regulations promulgated thereunder, shall be guilty

25 of a felony and shall be fined in accordance with title 18,
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1 United States Code, imprisoned for not more than 5 years,

2 or both, and prohibited from preparing or assisting in pre3 paring, whether or not for a fee or other remuneration,

4 any other such application.

5 ‘‘(2) Whoever, having been convicted of a violation

6 of paragraph (1), knowingly and willfully prepares or as7 sists in preparing an application for immigration benefits

8 pursuant to this Act, or the regulations promulgated

9 thereunder, whether or not for a fee or other remuneration

10 and regardless of whether in any matter within the juris11 diction of the Service under section 208, shall be guilty

12 of a felony and shall be fined in accordance with title 18,

13 United States Code, imprisoned for not more than 15

14 years, or both, and prohibited from preparing or assisting

15 in preparing any other such application.’’.

16 SEC. 130. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL

17 PENALTIES FOR DOCUMENT FRAUD.

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

19 U.S.C. 1324c(a)) is amended—

20 (1) in paragraph (1), by inserting before the

21 comma at the end the following: ‘‘or to obtain a ben22 efit under this Act’’;

23 (2) in paragraph (2), by inserting before the

24 comma at the end the following: ‘‘or to obtain a ben25 efit under this Act’’;
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1 (3) in paragraph (3)—

2 (A) by inserting ‘‘or with respect to’’ after

3 ‘‘issued to’’;

4 (B) by adding before the comma at the end

5 the following: ‘‘or obtaining a benefit under this

6 Act’’; and

7 (C) by striking ‘‘or’’ at the end;

8 (4) in paragraph (4)—

9 (A) by inserting ‘‘or with respect to’’ after

10 ‘‘issued to’’;

11 (B) by adding before the period at the end

12 the following: ‘‘or obtaining a benefit under this

13 Act’’; and

14 (C) by striking the period at the end and

15 inserting ‘‘, or’’; and

16 (5) by adding at the end the following new

17 paragraphs:

18 ‘‘(5) to prepare, file, or assist another in pre19 paring or filing, any application for benefits under

20 this Act, or any document required under this Act,

21 or any document submitted in connection with such

22 application or document, with knowledge or in reck23 less disregard of the fact that such application or

24 document was falsely made or, in whole or in part,
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1 does not relate to the person on whose behalf it was

2 or is being submitted; or

3 ‘‘(6) to (A) present before boarding a common

4 carrier for the purpose of coming to the United

5 States a document which relates to the alien’s eligi6 bility to enter the United States, and (B) fail to

7 present such document to an immigration officer

8 upon arrival at a United States port of entry.’’.

9 (b) DEFINITION OF FALSELY MAKE.—Section 274C

10 (8 U.S.C. 1324c), as amended by section 129 of this Act,

11 is further amended by adding at the end the following new

12 subsection:

13 ‘‘(f) FALSELY MAKE.—For purposes of this section,

14 the term ‘falsely make’ means to prepare or provide an

15 application or document, with knowledge or in reckless

16 disregard of the fact that the application or document con17 tains a false, fictitious, or fraudulent statement or mate18 rial representation, or has no basis in law or fact, or other19 wise fails to state a fact which is material to the purpose

20 for which it was submitted.’’.

21 (c) CONFORMING AMENDMENT.—Section 274C(d)(3)

22 (8 U.S.C. 1324c(d)(3)) is amended by striking ‘‘each doc23 ument used, accepted, or created and each instance of use,

24 acceptance, or creation’’ each place it appears and insert-
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1 ing ‘‘each document that is the subject of a violation under

2 subsection (a)’’.

3 (d) ENHANCED CIVIL PENALTIES FOR DOCUMENT

4 FRAUD IF LABOR STANDARDS VIOLATIONS ARE

5 PRESENT.—Section 274C(d) (8 U.S.C. 1324c(d)) is

6 amended by adding at the end the following new para7 graph:

8 ‘‘(7) CIVIL PENALTY.—(A) The administrative

9 law judge shall have the authority to require pay10 ment of a civil money penalty in an amount up to

11 two times the level of the penalty prescribed by this

12 subsection in any case where the employer has been

13 found to have committed willful or repeated viola14 tions of any of the following statutes:

15 ‘‘(i) The Fair Labor Standards Act (29

16 U.S.C. 201 et seq.) pursuant to a final deter17 mination by the Secretary of Labor or a court

18 of competent jurisdiction.

19 ‘‘(ii) The Migrant and Seasonal Agricul20 tural Worker Protection Act (29 U.S.C. 1801 et

21 seq.) pursuant to a final determination by the

22 Secretary of Labor or a court of competent ju23 risdiction.

24 ‘‘(iii) The Family and Medical Leave Act

25 (29 U.S.C. 2601 et seq.) pursuant to a final de-
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1 termination by the Secretary of Labor or a

2 court of competent jurisdiction.

3 ‘‘(B) The Secretary of Labor and the Attorney

4 General shall consult regarding the administration of

5 this paragraph.’’.

6 (e) WAIVER BY ATTORNEY GENERAL.—Section

7 274C(d) (8 U.S.C. 1324c(d)), as amended by subsection

8 (d), is further amended by adding at the end the following

9 new paragraph:

10 ‘‘(8) WAIVER BY ATTORNEY GENERAL.—The

11 Attorney General may waive the penalties imposed

12 by this section with respect to an alien who know13 ingly violates paragraph (6) if the alien is granted

14 asylum under section 208 or withholding of deporta15 tion under section 243(h).’’.

16 (f) EFFECTIVE DATE.—

17 (1) DEFINITION OF FALSELY MAKE.—Section

18 274C(f) of the Immigration and Nationality Act, as

19 added by subsection (b), applies to the preparation

20 of applications before, on, or after the date of the

21 enactment of this Act.

22 (2) ENHANCED CIVIL PENALTIES.—The amend23 ments made by subsection (d) apply with respect to

24 offenses occurring on or after the date of the enact25 ment of this Act.
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1 SEC. 131. NEW EXCLUSION FOR DOCUMENT FRAUD OR FOR

2 FAILURE TO PRESENT DOCUMENTS.

3 Section 212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)) is

4 amended—

5 (1) by striking ‘‘(C) Misrepresentation’’ and in6 serting the following:

7 ‘‘(C) Fraud, misrepresentation, and failure

8 to present documents’’; and

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

10 clause:

11 ‘‘(iii) FRAUD, MISREPRESENTATION,

12 AND FAILURE TO PRESENT DOCUMENTS.—

13 ‘‘(I) Any alien who, in seeking

14 entry to the United States or board15 ing a common carrier for the purpose

16 of coming to the United States, pre17 sents any document which, in the de18 termination of the immigration offi19 cer, is forged, counterfeit, altered,

20 falsely made, stolen, or inapplicable to

21 the person presenting the document,

22 or otherwise contains a misrepresenta23 tion of a material fact, is excludable.

24 ‘‘(II) Any alien who is required

25 to present a document relating to the

26 alien’s eligibility to enter the United
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1 States prior to boarding a common

2 carrier for the purpose of coming to

3 the United States and who fails to

4 present such document to an immi5 gration officer upon arrival at a port

6 of entry into the United States is

7 excludable.’’.

8 SEC. 132. LIMITATION ON WITHHOLDING OF DEPORTATION

9 AND OTHER BENEFITS FOR ALIENS EXCLUD10 ABLE FOR DOCUMENT FRAUD OR FAILING TO

11 PRESENT DOCUMENTS, OR EXCLUDABLE

12 ALIENS APPREHENDED AT SEA.

13 (a) INELIGIBILITY.—Section 235 (8 U.S.C. 1225) is

14 amended by adding at the end the following new sub15 section:

16 ‘‘(d)(1) Subject to paragraph (2), any alien who has

17 not been admitted to the United States, and who is exclud18 able under section 212(a)(6)(C)(iii) or who is an alien de19 scribed in paragraph (3), is ineligible for withholding of

20 deportation pursuant to section 243(h), and may not apply

21 therefor or for any other relief under this Act, except that

22 an alien found to have a credible fear of persecution or

23 of return to persecution in accordance with section 208(e)

24 shall be taken before a special inquiry officer for exclusion

25 proceedings in accordance with section 236 and may apply
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1 for asylum, withholding of deportation, or both, in the

2 course of such proceedings.

3 ‘‘(2) An alien described in paragraph (1) who has

4 been found ineligible to apply for asylum under section

5 208(e) may be returned under the provisions of this sec6 tion only to a country in which (or from which) he or she

7 has no credible fear of persecution (or of return to perse8 cution). If there is no country to which the alien can be

9 returned in accordance with the provisions of this para10 graph, the alien shall be taken before a special inquiry

11 officer for exclusion proceedings in accordance with sec12 tion 236 and may apply for asylum, withholding of depor13 tation, or both, in the course of such proceedings.

14 ‘‘(3) Any alien who is excludable under section

15 212(a), and who has been brought or escorted under the

16 authority of the United States—

17 ‘‘(A) into the United States, having been on

18 board a vessel encountered seaward of the territorial

19 sea by officers of the United States; or

20 ‘‘(B) to a port of entry, having been on board

21 a vessel encountered within the territorial sea or in22 ternal waters of the United States;

23 shall either be detained on board the vessel on which such

24 person arrived or in such facilities as are designated by

25 the Attorney General or paroled in the discretion of the
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1 Attorney General pursuant to section 212(d)(5) pending

2 accomplishment of the purpose for which the person was

3 brought or escorted into the United States or to the port

4 of entry, except that no alien shall be detained on board

5 a public vessel of the United States without the concur6 rence of the head of the department under whose authority

7 the vessel is operating.’’.

8 (b) CONFORMING AMENDMENTS.—Section 237(a) (8

9 U.S.C. 1227(a)) is amended—

10 (1) in the second sentence of paragraph (1), by

11 striking ‘‘Deportation’’ and inserting ‘‘Subject to

12 section 235(d)(2), deportation’’; and

13 (2) in the first sentence of paragraph (2), by

14 striking ‘‘If’’ and inserting ‘‘Subject to section

15 235(d)(2), if’’.

16 SEC. 133. PENALTIES FOR INVOLUNTARY SERVITUDE.

17 (a) AMENDMENTS TO TITLE 18.—Sections 1581,

18 1583, 1584, and 1588 of title 18, United States Code,

19 are amended by striking ‘‘five’’ each place it appears and

20 inserting ‘‘10’’.

21 (b) REVIEW OF SENTENCING GUIDELINES.—The

22 United States Sentencing Commission shall ascertain

23 whether there exists an unwarranted disparity—

24 (1) between the sentences for peonage, involun25 tary servitude, and slave trade offenses, and the sen-
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1 tences for kidnapping offenses in effect on the date

2 of the enactment of this Act; and

3 (2) between the sentences for peonage, involun4 tary servitude, and slave trade offenses, and the sen5 tences for alien smuggling offenses in effect on the

6 date of the enactment of this Act and after the

7 amendment made by subsection (a).

8 (c) AMENDMENT OF SENTENCING GUIDELINES.—

9 Pursuant to its authority under section 994(p) of title 28,

10 United States Code, the United States Sentencing Com11 mission shall review its guidelines on sentencing for peon12 age, involuntary servitude, and slave trade offenses under

13 sections 1581 through 1588 of title 18, United States

14 Code, and shall amend such guidelines as necessary to—

15 (1) reduce or eliminate any unwarranted dis16 parity found under subsection (b) that exists be17 tween the sentences for peonage, involuntary ser18 vitude, and slave trade offenses, and the sentences

19 for kidnapping offenses and alien smuggling

20 offenses;

21 (2) ensure that the applicable guidelines for de22 fendants convicted of peonage, involuntary servitude,

23 and slave trade offenses are sufficiently stringent to

24 deter such offenses and adequately reflect the hei25 nous nature of such offenses; and
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1 (3) ensure that the guidelines reflect the gen2 eral appropriateness of enhanced sentences for de3 fendants whose peonage, involuntary servitude, or

4 slave trade offenses involve—

5 (A) a large number of victims;

6 (B) the use or threatened use of a dan7 gerous weapon; or

8 (C) a prolonged period of peonage or invol9 untary servitude.

10 SEC. 134. EXCLUSION RELATING TO MATERIAL SUPPORT

11 TO TERRORISTS.

12 Section 212(a)(3)(B)(iii)(III) (8 U.S.C.

13 1182(a)(3)(B)(iii)(III)) is amended by inserting ‘‘docu14 mentation or’’ before ‘‘identification’’.

15 PART 4—EXCLUSION AND DEPORTATION

16 SEC. 141. SPECIAL EXCLUSION PROCEDURE.

17 (a) ARRIVALS FROM CONTIGUOUS FOREIGN TERRI18 TORY.—Section 235 (8 U.S.C. 1225) is amended—

19 (1) by redesignating subsection (b) as sub20 section (b)(1); and

21 (2) by adding at the end of subsection (b)(1),

22 as redesignated, the following new paragraph:

23 ‘‘(2) If an alien subject to such further inquiry has

24 arrived from a foreign territory contiguous to the United

25 States, either at a land port of entry or on the land of
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1 the United States other than at a designated port of entry,

2 the alien may be returned to that territory pending the

3 inquiry.’’.

4 (b) SPECIAL ORDERS OF EXCLUSION AND DEPORTA5 TION.—Section 235 (8 U.S.C. 1225), as amended by sec6 tion 132 of this Act, is further amended by adding at the

7 end the following:

8 ‘‘(e)(1) Notwithstanding the provisions of subsection

9 (b) of this section and section 236, the Attorney General

10 may, without referral to a special inquiry officer or after

11 such a referral, order the exclusion and deportation of any

12 alien if—

13 ‘‘(A) the alien appears to an examining immi14 gration officer, or to a special inquiry officer if such

15 referral is made, to be an alien who—

16 ‘‘(i) has entered the United States without

17 having been inspected and admitted by an im18 migration officer pursuant to this section, un19 less such alien affirmatively demonstrates to the

20 satisfaction of such immigration officer or spe21 cial inquiry officer that he has been physically

22 present in the United States for an uninter23 rupted period of at least two years since such

24 entry without inspection;
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1 ‘‘(ii) is excludable under section

2 212(a)(6)(C)(iii);

3 ‘‘(iii) is brought or escorted under the au4 thority of the United States into the United

5 States, having been on board a vessel encoun6 tered outside of the territorial waters of the

7 United States by officers of the United States;

8 ‘‘(iv) is brought or escorted under the au9 thority of the United States to a port of entry,

10 having been on board a vessel encountered with11 in the territorial sea or internal waters of the

12 United States; or

13 ‘‘(v) has arrived on a vessel transporting

14 aliens to the United States without such alien

15 having received prior official authorization to

16 come to, enter, or reside in the United States;

17 or

18 ‘‘(B) the Attorney General has determined that

19 the numbers or circumstances of aliens en route to

20 or arriving in the United States, by land, sea, or air,

21 present an extraordinary migration situation.

22 ‘‘(2) As used in this section, the phrase ‘extraor23 dinary migration situation’ means the arrival or imminent

24 arrival in the United States or its territorial waters of

25 aliens who by their numbers or circumstances substan-
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1 tially exceed the capacity for the inspection and examina2 tion of such aliens.

3 ‘‘(3)(A) Subject to subparagraph (B), the determina4 tion of whether there exists an extraordinary migration

5 situation or whether to invoke the provisions of paragraph

6 (1) (A) or (B) is committed to the sole and exclusive dis7 cretion of the Attorney General.

8 ‘‘(B) The provisions of this subsection may be in9 voked under paragraph (1)(B) for a period not to exceed

10 90 days, unless, within such 90-day period or an extension

11 thereof authorized by this subparagraph, the Attorney

12 General determines, after consultation with the Commit13 tees on the Judiciary of the Senate and the House of Rep14 resentatives, that an extraordinary migration situation

15 continues to warrant such procedures remaining in effect

16 for an additional 90-day period.

17 ‘‘(4) When the Attorney General invokes the provi18 sions of clause (iii), (iv), or (v) of paragraph (1)(A) or

19 paragraph (1)(B), the Attorney General may, pursuant to

20 this section and sections 235(e) and 106(f), suspend, in

21 whole or in part, the operation of immigration regulations

22 regarding the inspection and exclusion of aliens.

23 ‘‘(5) No alien may be ordered specially excluded

24 under paragraph (1) if—
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1 ‘‘(A) such alien is eligible to seek, and seeks,

2 asylum under section 208; and

3 ‘‘(B) the Attorney General determines, in the

4 procedure described in section 208(e), that such

5 alien has a credible fear of persecution on account

6 of race, religion, nationality, membership in a par7 ticular social group, or political opinion, in the coun8 try of such person’s nationality, or in the case of a

9 person having no nationality, the country in which

10 such person last habitually resided.

11 An alien may be returned to a country in which the alien

12 does not have a credible fear of persecution and from

13 which the alien does not have a credible fear of return

14 to persecution.

15 ‘‘(6) A special exclusion order entered in accordance

16 with the provisions of this subsection is not subject to ad17 ministrative review, except that the Attorney General shall

18 provide by regulation for prompt review of such an order

19 against an applicant who claims under oath, or as per20 mitted under penalty of perjury under section 1746 of title

21 28, United States Code, after having been warned of the

22 penalties for falsely making such claim under such condi23 tions, to be, and appears to be, lawfully admitted for per24 manent residence.
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1 ‘‘(7) A special exclusion order entered in accordance

2 with the provisions of this subsection shall have the same

3 effect as if the alien had been ordered excluded and de4 ported pursuant to section 236, except that judicial review

5 of such an order shall be available only under section

6 106(f).

7 ‘‘(8) Nothing in this subsection may be construed as

8 requiring an inquiry before a special inquiry officer in the

9 case of an alien crewman.’’.

10 SEC. 142. STREAMLINING JUDICIAL REVIEW OF ORDERS OF

11 EXCLUSION OR DEPORTATION.

12 (a) IN GENERAL.—Section 106 (8 U.S.C. 1105a) is

13 amended to read as follows:

14 ‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION,

15 EXCLUSION, AND SPECIAL EXCLUSION

16 ‘‘SEC. 106. (a) APPLICABLE PROVISIONS.—Except as

17 provided in subsection (b), judicial review of a final order

18 of exclusion or deportation is governed only by chapter

19 158 of title 28 of the United States Code, but in no such

20 review may a court order the taking of additional evidence

21 pursuant to section 2347(c) of title 28, United States

22 Code.

23 ‘‘(b) REQUIREMENTS.—(1)(A) A petition for judicial

24 review must be filed not later than 30 days after the date

25 of the final order of exclusion or deportation, except that

26 in the case of any specially deportable criminal alien (as
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1 defined in section 242(k)), there shall be no judicial review

2 of any final order of deportation.

3 ‘‘(B) The alien shall serve and file a brief in connec4 tion with a petition for judicial review not later than 40

5 days after the date on which the administrative record is

6 available, and may serve and file a reply brief not later

7 than 14 days after service of the brief of the Attorney

8 General, and the court may not extend these deadlines ex9 cept upon motion for good cause shown.

10 ‘‘(C) If an alien fails to file a brief in connection with

11 a petition for judicial review within the time provided in

12 this paragraph, the Attorney General may move to dismiss

13 the appeal, and the court shall grant such motion unless

14 a manifest injustice would result.

15 ‘‘(2) A petition for judicial review shall be filed with

16 the court of appeals for the judicial circuit in which the

17 special inquiry officer completed the proceedings.

18 ‘‘(3) The respondent of a petition for judicial review

19 shall be the Attorney General. The petition shall be served

20 on the Attorney General and on the officer or employee

21 of the Immigration and Naturalization Service in charge

22 of the Service district in which the final order of exclusion

23 or deportation was entered. Service of the petition on the

24 officer or employee does not stay the deportation of an
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1 alien pending the court’s decision on the petition, unless

2 the court orders otherwise.

3 ‘‘(4)(A) Except as provided in paragraph (5)(B), the

4 court of appeals shall decide the petition only on the ad5 ministrative record on which the order of exclusion or de6 portation is based and the Attorney General’s findings of

7 fact shall be conclusive unless a reasonable adjudicator

8 would be compelled to conclude to the contrary.

9 ‘‘(B) The Attorney General’s discretionary judgment

10 whether to grant relief under section 212 (c) or (i), 244

11 (a) or (d), or 245 shall be conclusive and shall not be sub12 ject to review.

13 ‘‘(C) The Attorney General’s discretionary judgment

14 whether to grant relief under section 208(a) shall be con15 clusive unless manifestly contrary to law and an abuse of

16 discretion.

17 ‘‘(5)(A) If the petitioner claims to be a national of

18 the United States and the court of appeals finds from the

19 pleadings and affidavits that no genuine issue of material

20 fact about the petitioner’s nationality is presented, the

21 court shall decide the nationality claim.

22 ‘‘(B) If the petitioner claims to be a national of the

23 United States and the court of appeals finds that a genu24 ine issue of material fact about the petitioner’s nationality

25 is presented, the court shall transfer the proceeding to the
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1 district court of the United States for the judicial district

2 in which the petitioner resides for a new hearing on the

3 nationality claim and a decision on that claim as if an

4 action had been brought in the district court under section

5 2201 of title 28, United States Code.

6 ‘‘(C) The petitioner may have the nationality claim

7 decided only as provided in this section.

8 ‘‘(6)(A) If the validity of an order of deportation has

9 not been judicially decided, a defendant in a criminal pro10 ceeding charged with violating subsection (d) or (e) of sec11 tion 242 may challenge the validity of the order in the

12 criminal proceeding only by filing a separate motion before

13 trial. The district court, without a jury, shall decide the

14 motion before trial.

15 ‘‘(B) If the defendant claims in the motion to be a

16 national of the United States and the district court finds

17 that no genuine issue of material fact about the defend18 ant’s nationality is presented, the court shall decide the

19 motion only on the administrative record on which the de20 portation order is based. The administrative findings of

21 fact are conclusive if supported by reasonable, substantial,

22 and probative evidence on the record considered as a

23 whole.

24 ‘‘(C) If the defendant claims in the motion to be a

25 national of the United States and the district court finds
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1 that a genuine issue of material fact about the defendant’s

2 nationality is presented, the court shall hold a new hearing

3 on the nationality claim and decide that claim as if an

4 action had been brought under section 2201 of title 28,

5 United States Code.

6 ‘‘(D) If the district court rules that the deportation

7 order is invalid, the court shall dismiss the indictment.

8 The United States Government may appeal the dismissal

9 to the court of appeals for the appropriate circuit within

10 30 days. The defendant may not file a petition for review

11 under this section during the criminal proceeding. The de12 fendant may have the nationality claim decided only as

13 provided in this section.

14 ‘‘(7) This subsection—

15 ‘‘(A) does not prevent the Attorney General,

16 after a final order of deportation has been issued,

17 from detaining the alien under section 242(c);

18 ‘‘(B) does not relieve the alien from complying

19 with subsection (d) or (e) of section 242; and

20 ‘‘(C) except as provided in paragraph (3), does

21 not require the Attorney General to defer deporta22 tion of the alien.

23 ‘‘(8) The record and briefs do not have to be printed.

24 The court of appeals shall review the proceeding on a type25 written record and on typewritten briefs.
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1 ‘‘(c) REQUIREMENTS FOR PETITION.—A petition for

2 review of an order of exclusion or deportation shall state

3 whether a court has upheld the validity of the order, and,

4 if so, shall state the name of the court, the date of the

5 court’s ruling, and the kind of proceeding.

6 ‘‘(d) REVIEW OF FINAL ORDERS.—

7 ‘‘(1) A court may review a final order of exclu8 sion or deportation only if—

9 ‘‘(A) the alien has exhausted all adminis10 trative remedies available to the alien as a mat11 ter of right; and

12 ‘‘(B) another court has not decided the va13 lidity of the order, unless, subject to paragraph

14 (2), the reviewing court finds that the petition

15 presents grounds that could not have been pre16 sented in the prior judicial proceeding or that

17 the remedy provided by the prior proceeding

18 was inadequate or ineffective to test the validity

19 of the order.

20 ‘‘(2) Nothing in paragraph (1)(B) may be con21 strued as creating a right of review if such review

22 would be inconsistent with subsection (e), (f), or (g),

23 or any other provision of this section.

24 ‘‘(e) NO JUDICIAL REVIEW FOR ORDERS OF DEPOR25 TATION OR EXCLUSION ENTERED AGAINST CERTAIN
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1 CRIMINAL ALIENS.—Notwithstanding any other provision

2 of law, any order of exclusion or deportation against an

3 alien who is excludable or deportable by reason of having

4 committed any criminal offense described in subparagraph

5 (A)(iii), (B), (C), or (D) of section 241(a)(2), or two or

6 more offenses described in section 241(a)(2)(A)(ii), at

7 least two of which resulted in a sentence or confinement

8 described in section 241(a)(2)(A)(i)(II), is not subject to

9 review by any court.

10 ‘‘(f) LIMITED REVIEW FOR SPECIAL EXCLUSION AND

11 DOCUMENT FRAUD.—(1) Notwithstanding any other pro12 vision of law, except as provided in this subsection, no

13 court shall have jurisdiction to review any individual deter14 mination or to hear any other cause of action or claim

15 arising from or relating to the implementation or oper16 ation of sections 208(e), 212(a)(6)(iii), 235(d), and

17 235(e).

18 ‘‘(2)(A) Except as provided in this subsection, there

19 shall be no judicial review of—

20 ‘‘(i) a decision by the Attorney General to in21 voke the provisions of section 235(e);

22 ‘‘(ii) the application of section 235(e) to individ23 ual aliens, including the determination made under

24 paragraph (5); or
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1 ‘‘(iii) procedures and policies adopted by the At2 torney General to implement the provisions of sec3 tion 235(e).

4 ‘‘(B) Without regard to the nature of the action or

5 claim, or the identity of the party or parties bringing the

6 action, no court shall have jurisdiction or authority to

7 enter declaratory, injunctive, or other equitable relief not

8 specifically authorized in this subsection, or to certify a

9 class under Rule 23 of the Federal Rules of Civil Proce10 dure.

11 ‘‘(3) Judicial review of any cause, claim, or individual

12 determination made or arising under or relating to section

13 208(e), 212(a)(6)(iii), 235(d), or 235(e) shall only be

14 available in a habeas corpus proceeding, and shall be lim15 ited to determinations of—

16 ‘‘(A) whether the petitioner is an alien;

17 ‘‘(B) whether the petitioner was ordered spe18 cially excluded; and

19 ‘‘(C) whether the petitioner can prove by a pre20 ponderance of the evidence that he or she is an alien

21 lawfully admitted for permanent residence and is en22 titled to such further inquiry as is prescribed by the

23 Attorney General pursuant to section 235(e)(6).

24 ‘‘(4)(A) In any case where the court determines that

25 the petitioner—
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1 ‘‘(i) is an alien who was not ordered specially

2 excluded under section 235(e), or

3 ‘‘(ii) has demonstrated by a preponderance of

4 the evidence that he or she is a lawful permanent

5 resident,

6 the court may order no remedy or relief other than to re7 quire that the petitioner be provided a hearing in accord8 ance with section 236 or a determination in accordance

9 with section 235(c) or 273(d).

10 ‘‘(B) Any alien who is provided a hearing under sec11 tion 236 pursuant to these provisions may thereafter ob12 tain judicial review of any resulting final order of exclusion

13 pursuant to this section.

14 ‘‘(5) In determining whether an alien has been or15 dered specially excluded under section 235(e), the court’s

16 inquiry shall be limited to whether such an order in fact

17 was issued and whether it relates to the petitioner. There

18 shall be no review of whether the alien is actually exclud19 able or entitled to any relief from exclusion.

20 ‘‘(g) NO COLLATERAL ATTACK.—In any action

21 brought for the assessment of penalties for improper entry

22 or reentry of an alien under section 275 or 276, no court

23 shall have jurisdiction to hear claims attacking the validity

24 of orders of exclusion, special exclusion, or deportation en25 tered under section 235, 236, or 242.’’.
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1 (b) RESCISSION OF ORDER.—Section 242B(c)(3) (8

2 U.S.C. 1252b(c)(3)) is amended by striking the period at

3 the end and inserting ‘‘by the special inquiry officer, but

4 there shall be no stay pending further administrative or

5 judicial review, unless ordered because of individually com6 pelling circumstances.’’.

7 (c) CLERICAL AMENDMENT.—The table of contents

8 of the Act is amended by amending the item relating to

9 section 106 to read as follows:

‘‘Sec. 106. Judicial review of orders of deportation, exclusion, and special exclusion.’’.

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

11 subsections (a) and (b) shall apply to all final orders of

12 exclusion or deportation entered, and motions to reopen

13 filed, on or after the date of the enactment of this Act.

14 SEC. 143. CIVIL PENALTIES AND VISA INELIGIBILITY, FOR

15 FAILURE TO DEPART.

16 (a) ALIENS SUBJECT TO AN ORDER OF EXCLUSION

17 OR DEPORTATION.—The Immigration and Nationality Act

18 is amended by inserting after section 274C (8 U.S.C.

19 1324c) the following new section:

20 ‘‘CIVIL PENALTIES FOR FAILURE TO DEPART

21 ‘‘SEC. 274D. (a) Any alien subject to a final order

22 of exclusion and deportation or deportation who—

23 ‘‘(1) willfully fails or refuses to—
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1 ‘‘(A) depart on time from the United

2 States pursuant 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 himself or herself for deporta7 tion at the time and place required by the At8 torney General; or

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

10 to prevent or hamper the alien’s departure pursuant

11 to the order,

12 shall pay a civil penalty of not more than $500 to the

13 Commissioner for each day the alien is in violation of this

14 section.

15 ‘‘(b) The Commissioner shall deposit amounts re16 ceived under subsection (a) as offsetting collections in the

17 appropriate appropriations account of the Service.

18 ‘‘(c) Nothing in this section shall be construed to di19 minish or qualify any penalties to which an alien may be

20 subject for activities proscribed by section 242(e) or any

21 other section of this Act.’’.

22 (b) VISA OVERSTAYER.—The Immigration and Na23 tionality Act is amended in section 212 (8 U.S.C. 1182)

24 by inserting the following new subsection:
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1 ‘‘(p)(1) Any lawfully admitted nonimmigrant who re2 mains in the United States for more than 60 days beyond

3 the period authorized by the Attorney General shall be in4 eligible for additional nonimmigrant or immigrant visas

5 (other than visas available for spouses of United States

6 citizens or aliens lawfully admitted for permanent resi7 dence) until the date that is—

8 ‘‘(A) 3 years after the date the nonimmigrant

9 departs the United States in the case of a non10 immigrant not described in paragraph (2); or

11 ‘‘(B) 5 years after the date the nonimmigrant

12 departs the United States in the case of a non13 immigrant who without reasonable cause fails or re14 fuses to attend or remain in attendance at a pro15 ceeding to determine the nonimmigrant’s deportabil16 ity.

17 ‘‘(2)(A) Paragraph (1) shall not apply to any lawfully

18 admitted nonimmigrant who is described in paragraph

19 (1)(A) and who demonstrates good cause for remaining

20 in the United States for the entirety of the period (other

21 than the first 60 days) during which the nonimmigrant

22 remained in the United States without the authorization

23 of the Attorney General.
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1 ‘‘(B) A final order of deportation shall not be stayed

2 on the basis of a claim of good cause made under this

3 subsection.

4 ‘‘(3) The Attorney General shall by regulation estab5 lish procedures necessary to implement this section.’’.

6 (c) EFFECTIVE DATE.—Subsection (b) shall take ef7 fect on the date of implementation of the automated entry8 exit control system described in section 201, or on the date

9 that is 2 years after the date of enactment of this Act,

10 whichever is earlier.

11 (d) AMENDMENTS TO TABLE OF CONTENTS.—The

12 table of contents of the Act is amended by inserting after

13 the item relating to section 274C the following:

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

14 SEC. 144. CONDUCT OF PROCEEDINGS BY ELECTRONIC

15 MEANS.

16 Section 242(b) (8 U.S.C. 1252(b)) is amended by in17 serting at the end the following new sentences: ‘‘Nothing

18 in this subsection precludes the Attorney General from au19 thorizing proceedings by video electronic media, by tele20 phone, or, where a requirement for the alien’s appearance

21 is waived or the alien’s absence is agreed to by the parties,

22 in the absence of the alien. Contested full evidentiary hear23 ings on the merits may be conducted by telephone only

24 with the consent of the alien.’’.
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1 SEC. 145. SUBPOENA AUTHORITY.

2 (a) EXCLUSION PROCEEDINGS.—Section 236(a) (8

3 U.S.C. 1226(a)) is amended in the first sentence by insert4 ing ‘‘issue subpoenas,’’ after ‘‘evidence,’’.

5 (b) DEPORTATION PROCEEDINGS.—Section 242(b)

6 (8 U.S.C. 1252(b)) is amended in the first sentence by

7 inserting ‘‘issue subpoenas,’’ after ‘‘evidence,’’.

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

9 COUNSEL.

10 (a) LANGUAGE OF NOTICE.—Section 242B (8 U.S.C.

11 1252b) is amended in subsection (a)(3) by striking ‘‘under

12 this subsection’’ and all that follows through ‘‘(B)’’ and

13 inserting ‘‘under this subsection’’.

14 (b) PRIVILEGE OF COUNSEL.—(1) Section

15 242B(b)(1) (8 U.S.C. 1252b(b)(1)) is amended by insert16 ing before the period at the end the following: ‘‘, except

17 that a hearing may be scheduled as early as 3 days after

18 the service of the order to show cause if the alien has been

19 continued in custody subject to section 242’’.

20 (2) The parenthetical phrase in section 292 (8 U.S.C.

21 1362) is amended to read as follows: ‘‘(at no expense to

22 the Government or unreasonable delay to the proceed23 ings)’’.

24 (3) Section 242B(b) (8 U.S.C. 1252b(b)) is further

25 amended by inserting at the end the following new para26 graph:
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1 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in

2 this subsection may be construed to prevent the At3 torney General from proceeding against an alien

4 pursuant to section 242 if the time period described

5 in paragraph (1) has elapsed and the alien has failed

6 to secure counsel.’’.

7 SEC. 147. ADDITION OF NONIMMIGRANT VISAS TO TYPES

8 OF VISA DENIED FOR COUNTRIES REFUSING

9 TO ACCEPT DEPORTED ALIENS.

10 (a) IN GENERAL.—Section 243(g) (8 U.S.C.

11 1253(g)) is amended to read as follows:

12 ‘‘(g)(1) If the Attorney General determines that any

13 country upon request denies or unduly delays acceptance

14 of the return of any alien who is a national, citizen, sub15 ject, or resident thereof, the Attorney General shall notify

16 the Secretary of such fact, and thereafter, subject to para17 graph (2), neither the Secretary of State nor any consular

18 officer shall issue an immigrant or nonimmigrant visa to

19 any national, citizen, subject, or resident of such country.

20 ‘‘(2) The Secretary of State may waive the applica21 tion of paragraph (1) if the Secretary determines that

22 such a waiver is necessary to comply with the terms of

23 a treaty or international agreement or is in the national

24 interest of the United States.’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall apply to countries for which the Sec3 retary of State gives instructions to United States con4 sular officers on or after the date of the enactment of this

5 Act.

6 SEC. 148. AUTHORIZATION OF SPECIAL FUND FOR COSTS

7 OF DEPORTATION.

8 In addition to any other funds otherwise available in

9 any fiscal year for such purpose, there are authorized to

10 be appropriated to the Immigration and Naturalization

11 Service $10,000,000 for use without fiscal year limitation

12 for the purpose of—

13 (1) executing final orders of deportation pursu14 ant to sections 242 and 242A of the Immigration

15 and Nationality Act (8 U.S.C. 1252 and 1252a);

16 and

17 (2) detaining aliens prior to the execution of

18 final orders of deportation issued under such sec19 tions.

20 SEC. 149. PILOT PROGRAM TO INCREASE EFFICIENCY IN

21 REMOVAL OF DETAINED ALIENS.

22 (a) AUTHORITY.—The Attorney General shall con23 duct one or more pilot programs to study methods for in24 creasing the efficiency of deportation and exclusion pro25 ceedings against detained aliens by increasing the avail-
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1 ability of pro bono counseling and representation for such

2 aliens. Any such pilot program may provide for adminis3 trative grants to not-for-profit organizations involved in

4 the counseling and representation of aliens in immigration

5 proceedings. An evaluation component shall be included in

6 any such pilot program to test the efficiency and cost-ef7 fectiveness of the services provided and the replicability

8 of such programs at other locations.

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated to the Department of

11 Justice such sums as may be necessary to carry out the

12 program or programs described in subsection (a).

13 (c) STATUTORY CONSTRUCTION.—Nothing in this

14 section may be construed as creating a right for any alien

15 to be represented in any exclusion or deportation proceed16 ing at the expense of the Government.

17 SEC. 150. LIMITATIONS ON RELIEF FROM EXCLUSION AND

18 DEPORTATION.

19 (a) LIMITATION.—Section 212(c) (8 U.S.C. 1182(c))

20 is amended to read as follows:

21 ‘‘(c)(1) Subject to paragraphs (2) through (5), an

22 alien who is and has been lawfully admitted for permanent

23 residence for at least 5 years, who has resided in the Unit24 ed States continuously for 7 years after having been law25 fully admitted, and who is returning to such residence
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1 after having temporarily proceeded abroad voluntarily and

2 not under an order of deportation, may be admitted in

3 the discretion of the Attorney General without regard to

4 the provisions of subsection (a) (other than paragraphs

5 (3) and (9)(C)).

6 ‘‘(2) For purposes of this subsection, any period of

7 continuous residence shall be deemed to end when the

8 alien is placed in proceedings to exclude or deport the alien

9 from the United States.

10 ‘‘(3) Nothing contained in this subsection shall limit

11 the authority of the Attorney General to exercise the dis12 cretion authorized under section 211(b).

13 ‘‘(4) Paragraph (1) shall not apply to an alien who

14 has been convicted of one or more aggravated felonies and

15 has been sentenced for such felony or felonies to a term

16 or terms of imprisonment totalling, in the aggregate, at

17 least 5 years.

18 ‘‘(5) This subsection shall apply only to an alien in

19 proceedings under section 236.’’.

20 (b) CANCELLATION OF DEPORTATION.—Section 244

21 (8 U.S.C. 1254) is amended to read as follows:

22 ‘‘CANCELLATION OF DEPORTATION; ADJUSTMENT OF

23 STATUS; VOLUNTARY DEPARTURE

24 ‘‘SEC. 244. (a) CANCELLATION OF DEPORTATION.—

25 (1) The Attorney General may, in the Attorney General’s
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1 discretion, cancel deportation in the case of an alien who

2 is deportable from the United States and—

3 ‘‘(A) is, and has been for at least 5 years, a

4 lawful permanent resident; has resided in the United

5 States continuously for not less than 7 years after

6 being lawfully admitted; and has not been convicted

7 of an aggravated felony or felonies for which the

8 alien has been sentenced to a term or terms of im9 prisonment totaling, in the aggregate, at least 5

10 years;

11 ‘‘(B) has been physically present in the United

12 States for a continuous period of not less than 7

13 years since entering the United States; has been a

14 person of good moral character during such period;

15 and establishes that deportation would result in ex16 treme hardship to the alien or the alien’s spouse,

17 parent, or child, who is a citizen or national of the

18 United States or an alien lawfully admitted for per19 manent residence;

20 ‘‘(C) has been physically present in the United

21 States for a continuous period of not less than three

22 years since entering the United States; has been bat23 tered or subjected to extreme cruelty in the United

24 States by a spouse or parent who is a United States

25 citizen or lawful permanent resident (or is the par-
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1 ent of a child who is a United States citizen or law2 ful permanent resident and the child has been bat3 tered or subjected to extreme cruelty in the United

4 States by such citizen or permanent resident par5 ent); has been a person of good moral character dur6 ing all of such period in the United States; and es7 tablishes that deportation would result in extreme

8 hardship to the alien or the alien’s parent or child;

9 or

10 ‘‘(D) is deportable under paragraph (2) (A),

11 (B), or (D), or paragraph (3) of section 241(a); has

12 been physically present in the United States for a

13 continuous period of not less than 10 years imme14 diately following the commission of an act, or the as15 sumption of a status, constituting a ground for de16 portation, and proves that during all of such period

17 he has been a person of good moral character; and

18 is a person whose deportation would, in the opinion

19 of the Attorney General, result in exceptional and

20 extremely unusual hardship to the alien or to his

21 spouse, parent, or child, who is a citizen of the Unit22 ed States or an alien lawfully admitted for perma23 nent residence.

24 ‘‘(2)(A) For purposes of paragraph (1), any period

25 of continuous residence or continuous physical presence in
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1 the United States shall be deemed to end when the alien

2 is served an order to show cause pursuant to section 242

3 or 242B.

4 ‘‘(B) An alien shall be considered to have failed to

5 maintain continuous physical presence in the United

6 States under paragraph (1) (B), (C), or (D) if the alien

7 was absent from the United States for any single period

8 of more than 90 days or an aggregate period of more than

9 180 days.

10 ‘‘(C) A person who is deportable under section

11 241(a)(2)(C) or 241(a)(4) shall not be eligible for relief

12 under this section.

13 ‘‘(D) A person who is deportable under section

14 241(a)(2) (A), (B), or (D) or section 241(a)(3) shall not

15 be eligible for relief under paragraph (1) (A), (B), or (C).

16 ‘‘(E) A person who has been convicted of an aggra17 vated felony shall not be eligible for relief under paragraph

18 (1) (B), or (C), (D).

19 ‘‘(F) A person who is deportable under section

20 241(a)(1)(G) shall not be eligible for relief under para21 graph (1)(C).

22 ‘‘(b) CONTINUOUS PHYSICAL PRESENCE NOT RE23 QUIRED BECAUSE OF HONORABLE SERVICE IN ARMED

24 FORCES AND PRESENCE UPON ENTRY INTO SERVICE.—

25 The requirements of continuous residence or continuous
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1 physical presence in the United States specified in sub2 section (a)(1) (A) and (B) shall not be applicable to an

3 alien who—

4 ‘‘(1) has served for a minimum period of 24

5 months in an active-duty status in the Armed Forces

6 of the United States and, if separated from such

7 service, was separated under honorable conditions,

8 and

9 ‘‘(2) at the time of his or her enlistment or in10 duction, was in the United States.

11 ‘‘(c) ADJUSTMENT OF STATUS.—The Attorney Gen12 eral may cancel deportation and adjust to the status of

13 an alien lawfully admitted for permanent residence any

14 alien who the Attorney General determines meets the re15 quirements of subsection (a)(1) (B), (C), or (D). The At16 torney General shall record the alien’s lawful admission

17 for permanent residence as of the date the Attorney Gen18 eral decides to cancel such alien’s removal.

19 ‘‘(d) ALIEN CREWMEN; NONIMMIGRANT EXCHANGE

20 ALIENS ADMITTED TO RECEIVE GRADUATE MEDICAL

21 EDUCATION OR TRAINING; OTHER.—The provisions of

22 subsection (a) shall not apply to an alien who—

23 ‘‘(1) entered the United States as a crewman

24 after June 30, 1964;
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1 ‘‘(2) was admitted to the United States as a

2 nonimmigrant alien described in section

3 101(a)(15)(J), or has acquired the status of such a

4 nonimmigrant alien after admission, in order to re5 ceive graduate medical education or training, with6 out regard to whether or not the alien is subject to

7 or has fulfilled the two-year foreign residence re8 quirement of section 212(e); or

9 ‘‘(3)(A) was admitted to the United States as

10 a nonimmigrant alien described in section

11 101(a)(15)(J), or has acquired the status of such a

12 nonimmigrant alien after admission, other than to

13 receive graduate medical education or training;

14 ‘‘(B) is subject to the two-year foreign residence

15 requirement of section 212(e); and

16 ‘‘(C) has not fulfilled that requirement or re17 ceived a waiver thereof, or, in the case of a foreign

18 medical graduate who has received a waiver pursu19 ant to section 220 of the Immigration and National20 ity Technical Corrections Act of 1994 (Public Law

21 103–416), has not fulfilled the requirements of sec22 tion 214(k).

23 ‘‘(e) VOLUNTARY DEPARTURE.—(1)(A) The Attorney

24 General may permit an alien voluntarily to depart the

25 United States at the alien’s own expense—
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1 ‘‘(i) in lieu of being subject to deportation pro2 ceedings under section 242 or prior to the comple3 tion of such proceedings, if the alien is not a person

4 deportable under section 241(a)(2)(A)(iii) or section

5 241(a)(4); or

6 ‘‘(ii) after the completion of deportation pro7 ceedings under section 242, only if a special inquiry

8 officer determines that—

9 ‘‘(I) the alien is, and has been for at least

10 5 years immediately preceding the alien’s appli11 cation for voluntary departure, a person of good

12 moral character;

13 ‘‘(II) the alien is not deportable under sec14 tion 241(a)(2)(A)(iii) or section 241(a)(4); and

15 ‘‘(III) the alien establishes by clear and

16 convincing evidence that the alien has the

17 means to depart the United States and intends

18 to do so.

19 ‘‘(B)(i) In the case of departure pursuant to subpara20 graph (A)(i), the Attorney General may require the alien

21 to post a voluntary departure bond, to be surrendered

22 upon proof that the alien has departed the United States

23 within the time specified.

24 ‘‘(ii) If any alien who is authorized to depart volun25 tarily under this paragraph is financially unable to depart
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1 at the alien’s own expense and the Attorney General

2 deems the alien’s removal to be in the best interest of the

3 United States, the expense of such removal may be paid

4 from the appropriation for enforcement of this Act.

5 ‘‘(C) In the case of departure pursuant to subpara6 graph (A)(ii), the alien shall be required to post a vol7 untary departure bond, in an amount necessary to ensure

8 that the alien will depart, to be surrendered upon proof

9 that the alien has departed the United States within the

10 time specified.

11 ‘‘(2) If the alien fails voluntarily to depart the United

12 States within the time period specified in accordance with

13 paragraph (1), the alien shall be subject to a civil penalty

14 of not more than $500 per day and shall be ineligible for

15 any further relief under this subsection or subsection (a).

16 ‘‘(3)(A) The Attorney General may by regulation

17 limit eligibility for voluntary departure for any class or

18 classes of aliens.

19 ‘‘(B) No court may review any regulation issued

20 under subparagraph (A).

21 ‘‘(4) No court shall have jurisdiction over an appeal

22 from denial of a request for an order of voluntary depar23 ture under paragraph (1), nor shall any court order a stay

24 of an alien’s removal pending consideration of any claim

25 with respect to voluntary departure.’’.
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1 (c) CONFORMING AMENDMENTS.—(1) Section 242(b)

2 (8 U.S.C. 1252(b)) is amended by striking the last two

3 sentences.

4 (2) Section 242B (8 U.S.C. 1252b) is amended—

5 (A) in subsection (e)(2), by striking ‘‘section

6 244(e)(1)’’ and inserting ‘‘section 244(e)’’; and

7 (B) in subsection (e)(5)—

8 (i) by striking ‘‘suspension of deportation’’

9 and inserting ‘‘cancellation of deportation’’; and

10 (ii) by inserting ‘‘244,’’ before ‘‘245’’.

11 (d) AMENDMENT TO THE TABLE OF CONTENTS.—

12 The table of contents of the Act is amended by amending

13 the item relating to section 244 to read as follows:

‘‘Sec. 244. Cancellation of deportation; adjustment of status; voluntary departure.’’.

14 (e) EFFECTIVE DATES.—(1) The amendments made

15 by subsection (a) shall take effect on the date of the enact16 ment of this Act, and shall apply to all applications for

17 relief under section 212(c) of the Immigration and Nation18 ality Act (8 U.S.C. 1182(c)), except that, for purposes of

19 determining the period of continuous residence, the

20 amendments made by subsection (a) shall apply to all

21 aliens against whom proceedings are commenced on or

22 after the date of the enactment of this Act.

23 (2) The amendments made by subsection (b) shall

24 take effect on the date of the enactment of this Act, and
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1 shall apply to all applications for relief under section 244

2 of the Immigration and Nationality Act (8 U.S.C. 1254),

3 except that, for purposes of determining the periods of

4 continuous residence or continuous physical presence, the

5 amendments made by subsection (b) shall apply to all

6 aliens upon whom an order to show cause is served on

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

8 (3) The amendments made by subsection (c) shall

9 take effect on the date of the enactment of this Act.

10 SEC. 151. ALIEN STOWAWAYS.

11 (a) DEFINITION.—Section 101(a) (8 U.S.C. 1101) is

12 amended by adding the following new paragraph:

13 ‘‘(47) The term ‘stowaway’ means any alien who ob14 tains transportation without the consent of the owner,

15 charterer, master, or person in command of any vessel or

16 aircraft through concealment aboard such vessel or air17 craft. A passenger who boards with a valid ticket is not

18 to be considered a stowaway.’’.

19 (b) EXCLUDABILITY.—Section 237 (8 U.S.C. 1227)

20 is amended—

21 (1) in subsection (a)(1), before the period at

22 the end of the first sentence, by inserting the follow23 ing: ‘‘, or unless the alien is an excluded stowaway

24 who has applied for asylum or withholding of depor25 tation and whose application has not been adju-
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1 dicated or whose application has been denied but

2 who has not exhausted every appeal right’’; and

3 (2) by inserting after the first sentence in sub4 section (a)(1) the following new sentences: ‘‘Any

5 alien stowaway inspected upon arrival in the United

6 States is an alien who is excluded within the mean7 ing of this section. For purposes of this section, the

8 term ‘alien’ includes an excluded stowaway. The pro9 visions of this section concerning the deportation of

10 an excluded alien shall apply to the deportation of

11 a stowaway under section 273(d).’’.

12 (c) CARRIER LIABILITY FOR COSTS OF DETEN13 TION.—Section 273(d) (8 U.S.C. 1323(d)) is amended to

14 read as follows:

15 ‘‘(d)(1) It shall be the duty of the owner, charterer,

16 agent, consignee, commanding officer, or master of any

17 vessel or aircraft arriving at the United States from any

18 place outside the United States to detain on board or at

19 such other place as may be designated by an immigration

20 officer any alien stowaway until such stowaway has been

21 inspected by an immigration officer.

22 ‘‘(2) Upon inspection of an alien stowaway by an im23 migration officer, the Attorney General may by regulation

24 take immediate custody of any stowaway and shall charge

25 the owner, charterer, agent, consignee, commanding offi-
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1 cer, or master of the vessel or aircraft on which the stow2 away has arrived the costs of detaining the stowaway.

3 ‘‘(3) It shall be the duty of the owner, charterer,

4 agent, consignee, commanding officer, or master of any

5 vessel or aircraft arriving at the United States from any

6 place outside the United States to deport any alien stow7 away on the vessel or aircraft on which such stowaway

8 arrived or on another vessel or aircraft at the expense of

9 the vessel or aircraft on which such stowaway arrived

10 when required to do so by an immigration officer.

11 ‘‘(4) Any person who fails to comply with paragraph

12 (1) or (3), shall be subject to a fine of $5,000 for each

13 alien for each failure to comply, payable to the Commis14 sioner. The Commissioner shall deposit amounts received

15 under this paragraph as offsetting collections to the appli16 cable appropriations account of the Service. Pending final

17 determination of liability for such fine, no such vessel or

18 aircraft shall be granted clearance, except that clearance

19 may be granted upon the deposit of a sum sufficient to

20 cover such fine, or of a bond with sufficient surety to se21 cure the payment thereof approved by the Commissioner.

22 ‘‘(5) An alien stowaway inspected upon arrival shall

23 be considered an excluded alien under this Act.

24 ‘‘(6) The provisions of section 235 for detention of

25 aliens for examination before a special inquiry officer and
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1 the right of appeal provided for in section 236 shall not

2 apply to aliens who arrive as stowaways, and no such

3 aliens shall be permitted to land in the United States, ex4 cept temporarily for medical treatment, or pursuant to

5 such regulations as the Attorney General may prescribe

6 for the departure, removal, or deportation of such alien

7 from the United States.

8 ‘‘(7) A stowaway may apply for asylum under section

9 208 or withholding of deportation under section 243(h),

10 pursuant to such regulations as the Attorney General may

11 establish.’’.

12 SEC. 152. PILOT PROGRAM ON INTERIOR REPATRIATION

13 AND OTHER METHODS TO DETER MULTIPLE

14 UNLAWFUL ENTRIES.

15 (a) ESTABLISHMENT.—Not later than 180 days after

16 the date of the enactment of this Act, the Attorney Gen17 eral, after consultation with the Secretary of State, shall

18 establish a pilot program for up to two years which pro19 vides for methods to deter multiple unlawful entries by

20 aliens into the United States. The pilot program may in21 clude the development and use of interior repatriation,

22 third country repatriation, and other disincentives for

23 multiple unlawful entries into the United States.

24 (b) REPORT.—Not later than 35 months after the

25 date of the enactment of this Act, the Attorney General,
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1 together with the Secretary of State, shall submit a report

2 to the Committees on the Judiciary of the House of Rep3 resentatives and of the Senate on the operation of the pilot

4 program under this section and whether the pilot program

5 or any part thereof should be extended or made perma6 nent.

7 SEC. 153. PILOT PROGRAM ON USE OF CLOSED MILITARY

8 BASES FOR THE DETENTION OF EXCLUDABLE

9 OR DEPORTABLE ALIENS.

10 (a) ESTABLISHMENT.—The Attorney General and

11 the Secretary of Defense shall jointly establish a pilot pro12 gram for up to two years to determine the feasibility of

13 the use of military bases available through the defense

14 base realignment and closure process as detention centers

15 for the Immigration and Naturalization Service.

16 (b) REPORT.—Not later than 35 months after the

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

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

19 to the Committees on the Judiciary of the House of Rep20 resentatives and of the Senate, the Committee on National

21 Security of the House of Representatives, and the Com22 mittee on Armed Services of the Senate, on the feasibility

23 of using military bases closed through the defense base

24 realignment and closure process as detention centers by

25 the Immigration and Naturalization Service.
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1 SEC. 154. REQUIREMENT FOR IMMUNIZATION AGAINST

2 VACCINE-PREVENTABLE DISEASES FOR

3 ALIENS SEEKING PERMANENT RESIDENCY.

4 (a) REQUIREMENT.—Subsection (a)(1)(A) of section

5 212 (8 U.S.C. 1182) is amended—

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

7 (ii);

8 (2) by inserting ‘‘or’’ at the end of clause (iii);

9 and

10 (3) by inserting after clause (iii) the following

11 new clause:

12 ‘‘(iv) who seeks admission as a lawful

13 permanent resident, or who seeks adjust14 ment of status to that of an alien lawfully

15 admitted for permanent residence, and who

16 has failed to present documentation show17 ing that the alien has been vaccinated

18 against vaccine-preventable diseases (in19 cluding mumps, measles, rubella, polio, tet20 anus, diphtheria toxoids, pertussis,

21 haemophilus-influenza type B, hepatitis

22 type B, and any other diseases specified as

23 vaccine-preventable diseases by the Advi24 sory Committee on Immunization Prac25 tices),’’.
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1 (b) WAIVER.—Section 212(g) (8 U.S.C. 1182(g)) is

2 amended—

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

4 (1)(B);

5 (2) by inserting ‘‘or’’ at the end of paragraph

6 (2); and

7 (3) by inserting after paragraph (2) the follow8 ing new paragraph:

9 ‘‘(3) subsection (a)(1)(A)(iv) in the case of any

10 alien described in that subsection—

11 ‘‘(A) who receives vaccination against the

12 vaccine-preventable diseases described in that

13 subsection for which the alien cannot present

14 documentation showing that the alien had been

15 vaccinated previously, or

16 ‘‘(B) for whom a civil surgeon, medical of17 ficer, or panel physician (as such terms are de18 fined in section 34.2 of title 42, Code of Fed19 eral Regulations) certifies, in accordance with

20 such regulations as the Secretary of Health and

21 Human Services may prescribe, that vaccination

22 against such diseases would not be medically

23 appropriate,’’.

24 (c) INFORMATION ON VACCINATIONS.—The Attorney

25 General shall ensure that aliens covered by section
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1 212(a)(1)(A)(iv) of the Immigration and Nationality Act,

2 as added by subsection (a), receive information on public

3 health clinics accessible to such aliens which provide the

4 vaccinations covered by such section.

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

6 subsections (a) and (b) shall take effect on October 1,

7 1996, and apply to applications for admission, or adjust8 ment of status, filed on or after that date.

9 SEC. 155. CERTIFICATION REQUIREMENTS FOR FOREIGN

10 HEALTH-CARE WORKERS.

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

12 1182(a)) is amended—

13 (1) by redesignating paragraph (9) as para14 graph (10); and

15 (2) by inserting after paragraph (8) the follow16 ing new paragraph:

17 ‘‘(9) UNCERTIFIED FOREIGN HEALTH-CARE

18 WORKERS.—(A) Any alien who seeks to enter the

19 United States for the purpose of performing labor as

20 a health-care worker, other than a physician, is ex21 cludable unless the alien presents to the consular of22 ficer, or, in the case of an adjustment of status, the

23 Attorney General, a certificate from the Commission

24 on Graduates of Foreign Nursing Schools, or a cer25 tificate from an equivalent independent credentialing
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1 organization approved by the Attorney General in

2 consultation with the Secretary of Health and

3 Human Services, verifying that—

4 ‘‘(i) the alien’s education, training, license,

5 and experience—

6 ‘‘(I) meet all applicable statutory and

7 regulatory requirements for entry into the

8 United States under the classification spec9 ified in the application;

10 ‘‘(II) are comparable with that re11 quired for an American health-care worker

12 of the same type; and

13 ‘‘(III) are authentic and, in the case

14 of a license, unencumbered;

15 ‘‘(ii) the alien has the level of competence

16 in oral and written English considered by the

17 Secretary of Health and Human Services, in

18 consultation with the Secretary of Education, to

19 be appropriate for health care work of the kind

20 in which the alien will be engaged, as shown by

21 an appropriate score on one or more nationally

22 recognized, commercially available, standardized

23 assessments of the applicant’s ability to speak

24 and write; and
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1 ‘‘(iii) if a majority of States licensing the

2 profession in which the alien intends to work

3 recognize a test predicting the success on the

4 profession’s licensing and certification examina5 tion, the alien has passed such a test.

6 ‘‘(B) For purposes of subparagraph (A)(ii), de7 termination of the standardized tests required and of

8 the minimum scores that are appropriate are within

9 the sole discretion of the Secretary of Health and

10 Human Services and are not subject to further ad11 ministrative or judicial review.’’.

12 (b) CONFORMING AMENDMENTS.—

13 (1) Section 101(f)(3) is amended by striking

14 ‘‘(9)(A) of section 212(a)’’ and inserting ‘‘(10)(A) of

15 section 212(a)’’.

16 (2) Section 212(c) is amended by striking

17 ‘‘(9)(C)’’ and inserting ‘‘(10)(C)’’.

18 SEC. 156. INCREASED BAR TO REENTRY FOR ALIENS PRE19 VIOUSLY REMOVED.

20 (a) IN GENERAL.—Section 212(a)(6) (8 U.S.C.

21 1182(a)(6)) is amended—

22 (1) in subparagraph (A)—

23 (A) by striking ‘‘one year’’ and inserting

24 ‘‘five years’’; and
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1 (B) by inserting ‘‘, or within 20 years of

2 the date of any second or subsequent deporta3 tion,’’ after ‘‘deportation’’;

4 (2) in subparagraph (B)—

5 (A) by redesignating clauses (ii), (iii), and

6 (iv) as clauses (iii), (iv), and (v), respectively;

7 (B) by inserting after clause (i) the follow8 ing new clause;

9 ‘‘(ii) has departed the United States

10 while an order of deportation is outstand11 ing,’’;

12 (C) by striking ‘‘or’’ after ‘‘removal,’’; and

13 (D) by inserting ‘‘or (c) who seeks admis14 sion within 20 years of a second or subsequent

15 deportation or removal,’’ after ‘‘felony,’’.

16 (b) REENTRY OF DEPORTED ALIEN.—Section

17 276(a)(1) (8 U.S.C. 1326(a)(1)) is amended to read as

18 follows:

19 ‘‘(1) has been arrested and deported, has been

20 excluded and deported, or has departed the United

21 States while an order of exclusion or deportation is

22 outstanding, and thereafter’’.
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1 SEC. 157. ELIMINATION OF CONSULATE SHOPPING FOR

2 VISA OVERSTAYS.

3 (a) IN GENERAL.—Section 222 (8 U.S.C. 1202) is

4 amended by adding at the end the following new sub5 section:

6 ‘‘(g)(1) In the case of an alien who has entered and

7 remained in the United States beyond the authorized pe8 riod of stay, the alien’s nonimmigrant visa shall thereafter

9 be invalid for reentry into the United States.

10 ‘‘(2) An alien described in paragraph (1) shall be in11 eligible to be readmitted to the United States as a non12 immigrant subsequent to the expiration of the alien’s au13 thorized period of stay, except—

14 ‘‘(A) on the basis of a visa issued in a consular

15 office located in the country of the alien’s nationality

16 (or, if there is no office in such country, in such

17 other consular office as the Secretary of State shall

18 specify); or

19 ‘‘(B) where extraordinary circumstances are

20 found by the Secretary of State to exist.’’.

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

22 this section shall apply to visas issued before, on, or after

23 the date of the enactment of this Act.
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1 SEC. 158. INCITEMENT AS A BASIS FOR EXCLUSION FROM

2 THE UNITED STATES.

3 Section 212(a)(3)(B) of the Immigration and Nation4 ality Act (8 U.S.C. 1182(a)(3)(B)), is amended—

5 (1) by striking ‘‘or’’ at the end of clause (i)(I);

6 (2) in clause (i)(II), by inserting ‘‘or’’ at the

7 end; and

8 (3) by inserting after clause (i)(II) the following

9 new subclause:

10 ‘‘(III) has, under circumstances

11 indicating an intention to cause death

12 or serious bodily harm, incited terror13 ism, engaged in targeted racial vili14 fication, or advocated the overthrow of

15 the United States Government or

16 death or serious bodily harm to any

17 United States citizen or United States

18 Government official,’’.

19 SEC. 159. CONFORMING AMENDMENT TO WITHHOLDING OF

20 DEPORTATION.

21 Section 243(h) (8 U.S.C. 1253(h)) is amended by

22 adding at the end the following new paragraph:

23 ‘‘(3) The Attorney General may refrain from

24 deporting any alien if the Attorney General deter25 mines that—
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1 ‘‘(A) such alien’s life or freedom would be

2 threatened, in the country to which such alien

3 would be deported or returned, on account of

4 race, religion, nationality, membership in a par5 ticular social group, or political opinion, and

6 ‘‘(B) deporting such alien would violate the

7 1967 United Nations Protocol relating to the

8 Status of Refugees.’’.

9 PART 5—CRIMINAL ALIENS

10 SEC. 161. AMENDED DEFINITION OF AGGRAVATED FELONY.

11 (a) IN GENERAL.—Section 101(a)(43) (8 U.S.C.

12 1101(a)(43)) is amended—

13 (1) in subparagraph (D), by striking

14 ‘‘$100,000’’ and inserting ‘‘$10,000’’;

15 (2) in subparagraphs (F), (G), and (O), by

16 striking ‘‘is at least 5 years’’ each place it appears

17 and inserting ‘‘at least one year’’;

18 (3) in subparagraph (J)—

19 (A) by striking ‘‘sentence of 5 years’ im20 prisonment’’ and inserting ‘‘sentence of one

21 year imprisonment’’; and

22 (B) by striking ‘‘offense described’’ and in23 serting ‘‘offense described in section 1084 of

24 title 18 (if it is a second or subsequent offense),
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1 section 1955 of such title (relating to gambling

2 offenses), or’’;

3 (4) in subparagraph (K)—

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

5 (i);

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

7 (ii); and

8 (C) by adding at the end the following new

9 clause:

10 ‘‘(iii) is described in section 2421,

11 2422, or 2423 of title 18, United States

12 Code (relating to transportation for the

13 purpose of prostitution), if committed for

14 commercial advantage.’’;

15 (5) in subparagraph (L)—

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

17 (i);

18 (B) by inserting ‘‘or’’ at the end of clause

19 (ii); and

20 (C) by adding at the end the following new

21 clause:

22 ‘‘(iii) section 601 of the National Se23 curity Act of 1947 (relating to protecting

24 the identity of undercover agents)’’;
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1 (6) in subparagraph (M), by striking

2 ‘‘$200,000’’ each place it appears and inserting

3 ‘‘$10,000’’;

4 (7) in subparagraph (N)—

5 (A) by striking ‘‘of title 18, United States

6 Code’’; and

7 (B) by striking ‘‘for the purpose of com8 mercial advantage’’ and inserting the following:

9 ‘‘, except, for a first offense, if the alien has af10 firmatively shown that the alien committed the

11 offense for the purpose of assisting, abetting, or

12 aiding only the alien’s spouse, child, or parent

13 (and no other individual) to violate a provision

14 of this Act’’;

15 (8) in subparagraph (O), by striking ‘‘which

16 constitutes’’ and all that follows up to the semicolon

17 at the end and inserting the following: ‘‘, except, for

18 a first offense, if the alien has affirmatively shown

19 that the alien committed the offense for the purpose

20 of assisting, abetting, or aiding only the alien’s

21 spouse, child, or parent (and no other individual) to

22 violate a provision of this Act’’;

23 (9) by redesignating subparagraphs (P) and

24 (Q) as subparagraphs (R) and (S), respectively;
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1 (10) by inserting after subparagraph (O) the

2 following new subparagraphs:

3 ‘‘(P) any offense relating to commercial

4 bribery, counterfeiting, forgery, or trafficking in

5 vehicles whose identification numbers have been

6 altered for which the term of imprisonment im7 posed (regardless of any suspension of impris8 onment) is at least one year;

9 ‘‘(Q) any offense relating to perjury or

10 subornation of perjury for which the term of

11 imprisonment imposed (regardless of any sus12 pension of imprisonment) is at least one year;’’

13 and

14 (11) in subparagraph (R) (as redesignated), by

15 striking ‘‘15’’ and inserting ‘‘5’’.

16 (b) EFFECTIVE DATE OF DEFINITION.—Section

17 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by adding

18 at the end the following new sentence: ‘‘Notwithstanding

19 any other provision of law, the term applies regardless of

20 whether the conviction was entered before, on, or after the

21 date of enactment of this paragraph, except that, for pur22 poses of section 242(f)(2), the term has the same meaning

23 as was in effect under this paragraph on the date the of24 fense was committed.’’.
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1 (c) APPLICATION TO WITHHOLDING OF DEPORTA2 TION.—Section 243(h) (8 U.S.C. 1253(h)), as amended

3 by section 159 of this Act, is further amended in para4 graph (2) by striking the last sentence and inserting the

5 following: ‘‘For purposes of subparagraph (B), an alien

6 shall be considered to have committed a particularly seri7 ous crime if such alien has been convicted of one or more

8 of the following:

9 ‘‘(1) An aggravated felony, or attempt or con10 spiracy to commit an aggravated felony, for which

11 the term of imprisonment imposed (regardless of any

12 suspension of imprisonment) is at least one year.

13 ‘‘(2) An offense described in subparagraph (A),

14 (B), (C), (E), (H), (I), (J), (L), or subparagraph

15 (K)(ii), of section 101(a)(43), or an attempt or con16 spiracy to commit an offense described in one or

17 more of such subparagraphs.’’.

18 SEC. 162. INELIGIBILITY OF AGGRAVATED FELONS FOR AD19 JUSTMENT OF STATUS.

20 Section 244(c) (8 U.S.C. 1254(c)), as amended by

21 section 150 of this Act, is further amended by adding at

22 the end the following new sentence: ‘‘No person who has

23 been convicted of an aggravated felony shall be eligible for

24 relief under this subsection.’’.
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1 SEC. 163. EXPEDITIOUS DEPORTATION CREATES NO EN2 FORCEABLE RIGHT FOR AGGRAVATED FEL3 ONS.

4 Section 225 of the Immigration and Nationality

5 Technical Corrections Act of 1994 (Public Law 103–416)

6 is amended by striking ‘‘section 242(i) of the Immigration

7 and Nationality Act (8 U.S.C. 1252(i))’’ and inserting

8 ‘‘sections 242(i) or 242A of the Immigration and Nation9 ality Act (8 U.S.C. 1252(i) or 1252a)’’.

10 SEC. 164. CUSTODY OF ALIENS CONVICTED OF AGGRA11 VATED FELONIES.

12 (a) EXCLUSION AND DEPORTATION.—Section 236 (8

13 U.S.C. 1226) is amended in subsection (e)(2) by inserting

14 after ‘‘unless’’ the following: ‘‘(A) the Attorney General

15 determines, pursuant to section 3521 of title 18, United

16 States Code, that release from custody is necessary to pro17 vide protection to a witness, a potential witness, a person

18 cooperating with an investigation into major criminal ac19 tivity, or an immediate family member or close associate

20 of a witness, potential witness, or person cooperating with

21 such an investigation, and that after such release the alien

22 would not be a threat to the community, or (B)’’.

23 (b) CUSTODY UPON RELEASE FROM INCARCER24 ATION.—Section 242(a)(2) (8 U.S.C. 1252(a)(2)) is

25 amended to read as follows:
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1 ‘‘(2)(A) The Attorney General shall take into custody

2 any specially deportable criminal alien upon release of the

3 alien from incarceration and shall deport the alien as expe4 ditiously as possible. Notwithstanding any other provision

5 of law, the Attorney General shall not release such felon

6 from custody.

7 ‘‘(B) The Attorney General shall have sole and

8 unreviewable discretion to waive subparagraph (A) for

9 aliens who are cooperating with law enforcement authori10 ties or for purposes of national security.’’.

11 (c) PERIOD IN WHICH TO EFFECT ALIEN’S DEPAR12 TURE.—Section 242(c) is amended—

13 (1) in the first sentence—

14 (A) by striking ‘‘(c)’’ and inserting

15 ‘‘(c)(1)’’; and

16 (B) by inserting ‘‘(other than an alien de17 scribed in paragraph (2))’’; and

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

19 paragraphs:

20 ‘‘(2)(A) When a final order of deportation is made

21 against any specially deportable criminal alien, the Attor22 ney General shall have a period of 30 days from the later

23 of—

24 ‘‘(i) the date of such order, or

25 ‘‘(ii) the alien’s release from incarceration,
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1 within which to effect the alien’s departure from the Unit2 ed States.

3 ‘‘(B) The Attorney General shall have sole and

4 unreviewable discretion to waive subparagraph (A) for

5 aliens who are cooperating with law enforcement authori6 ties or for purposes of national security.

7 ‘‘(3) Nothing in this subsection shall be construed as

8 providing a right enforceable by or on behalf of any alien

9 to be released from custody or to challenge the alien’s de10 portation.’’.

11 (d) CRIMINAL PENALTY FOR UNLAWFUL RE12 ENTRY.—Section 242(f) of the Immigration and National13 ity Act (8 U.S.C. 1252(f)) is amended—

14 (1) by inserting ‘‘(1)’’ immediately after ‘‘(f)’’;

15 and

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

17 paragraph:

18 ‘‘(2) Any alien who has unlawfully reentered or is

19 found in the United States after having previously been

20 deported subsequent to a conviction for any criminal of21 fense covered in section 241(a)(2) (A)(iii), (B), (C), or

22 (D), or two or more offenses described in clause (ii) of

23 section 241(a)(2)(A), at least two of which resulted in a

24 sentence or confinement described in section

25 241(a)(2)(A)(i)(II), shall, in addition to the punishment
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1 provided for any other crime, be punished by imprison2 ment of not less than 15 years.’’.

3 (e) DEFINITION.—Section 242 (8 U.S.C. 1252) is

4 amended by adding at the end the following new sub5 section:

6 ‘‘(k) For purposes of this section, the term ‘specially

7 deportable criminal alien’ means any alien convicted of an

8 offense described in subparagraph (A)(iii), (B), (C), or

9 (D) of section 241(a)(2), or two or more offenses de10 scribed in section 241(a)(2)(A)(ii), at least two of which

11 resulted in a sentence or confinement described in section

12 241(a)(2)(A)(i)(II).’’.

13 SEC. 165. JUDICIAL DEPORTATION.

14 (a) IN GENERAL.—Section 242A (8 U.S.C.

15 1252a(d)) is amended—

16 (1) by redesignating subsection (d) as sub17 section (c); and

18 (2) in subsection (c), as redesignated—

19 (A) by striking paragraph (1) and insert20 ing the following:

21 ‘‘(1) AUTHORITY.—Notwithstanding any

22 other provision of this Act, a United States dis23 trict court shall have jurisdiction to enter a ju24 dicial order of deportation at the time of sen25 tencing against an alien—
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1 ‘‘(A) whose criminal conviction causes

2 such alien to be deportable under section

3 241(a)(2)(A)(iii) (relating to conviction of

4 an aggravated felony);

5 ‘‘(B) who has at any time been con6 victed of a violation of section 276 (a) or

7 (b) (relating to reentry of a deported

8 alien);

9 ‘‘(C) who has at any time been con10 victed of a violation of section 275 (relat11 ing to entry of an alien at an improper

12 time or place and to misrepresentation and

13 concealment of facts); or

14 ‘‘(D) who is otherwise deportable pur15 suant to any of the paragraphs (1)

16 through (5) of section 241(a).

17 A United States Magistrate shall have jurisdic18 tion to enter a judicial order of deportation at

19 the time of sentencing where the alien has been

20 convicted of a misdemeanor offense and the

21 alien is deportable under this Act.’’; and

22 (B) by adding at the end the following new

23 paragraphs:

24 ‘‘(5) STATE COURT FINDING OF DEPORTABIL25 ITY.—(A) On motion of the prosecution or on the
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1 court’s own motion, any State court with jurisdiction

2 to enter judgments in criminal cases is authorized to

3 make a finding that the defendant is deportable as

4 a specially deportable criminal alien (as defined in

5 section 242(k)).

6 ‘‘(B) The finding of deportability under sub7 paragraph (A), when incorporated in a final judg8 ment of conviction, shall for all purposes be conclu9 sive on the alien and may not be reexamined by any

10 agency or court, whether by habeas corpus or other11 wise. The court shall notify the Attorney General of

12 any finding of deportability.

13 ‘‘(6) STIPULATED JUDICIAL ORDER OF DEPOR14 TATION.—The United States Attorney, with the con15 currence of the Commissioner, may, pursuant to

16 Federal Rule of Criminal Procedure 11, enter into

17 a plea agreement which calls for the alien, who is de18 portable under this Act, to waive the right to notice

19 and a hearing under this section, and stipulate to

20 the entry of a judicial order of deportation from the

21 United States as a condition of the plea agreement

22 or as a condition of probation or supervised release,

23 or both. The United States District Court, in both

24 felony and misdemeanor cases, and the United

25 States Magistrate Court in misdemeanors cases, may
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1 accept such a stipulation and shall have jurisdiction

2 to enter a judicial order of deportation pursuant to

3 the terms of such stipulation.’’.

4 (b) CONFORMING AMENDMENTS.—(1) Section 512 of

5 the Immigration Act of 1990 is amended by striking

6 ‘‘242A(d)’’ and inserting ‘‘242A(c)’’.

7 (2) Section 130007(a) of the Violent Crime Control

8 and Law Enforcement Act of 1994 (Public Law 103-322)

9 is amended by striking ‘‘242A(d)’’ and inserting

10 ‘‘242A(c)’’.

11 SEC. 166. STIPULATED EXCLUSION OR DEPORTATION.

12 (a) EXCLUSION AND DEPORTATION.—Section 236 (8

13 U.S.C. 1226) is amended by adding at the end the follow14 ing new subsection:

15 ‘‘(f) The Attorney General shall provide by regulation

16 for the entry by a special inquiry officer of an order of

17 exclusion and deportation stipulated to by the alien and

18 the Service. Such an order may be entered without a per19 sonal appearance by the alien before the special inquiry

20 officer. A stipulated order shall constitute a conclusive de21 termination of the alien’s excludability and deportability

22 from the United States.’’.

23 (b) APPREHENSION AND DEPORTATION.—Section

24 242 (8 U.S.C. 1252) is amended in subsection (b)—
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1 (1) by redesignating paragraphs (1), (2), (3),

2 and (4) as subparagraphs (A), (B), (C), and (D), re3 spectively;

4 (2) by inserting ‘‘(1)’’ immediately after ‘‘(b)’’;

5 (3) by striking the sentence beginning with

6 ‘‘Except as provided in section 242A(d)’’ and insert7 ing the following:

8 ‘‘(2) The Attorney General shall further provide by

9 regulation for the entry by a special inquiry officer of an

10 order of deportation stipulated to by the alien and the

11 Service. Such an order may be entered without a personal

12 appearance by the alien before the special inquiry officer.

13 A stipulated order shall constitute a conclusive determina14 tion of the alien’s deportability from the United States.

15 ‘‘(3) The procedures prescribed in this subsection and

16 in section 242A(c) shall be the sole and exclusive proce17 dures for determining the deportability of an alien.’’; and

18 (4) by redesignating the tenth sentence as para19 graph (4); and

20 (5) by redesignating the eleventh and twelfth

21 sentences as paragraph (5).

22 (c) CONFORMING AMENDMENTS.—(1) Section 106(a)

23 is amended by striking ‘‘section 242(b)’’ and inserting

24 ‘‘section 242(b)(1)’’.
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1 (2) Section 212(a)(6)(B)(iv) is amended by striking

2 ‘‘section 242(b)’’ and inserting ‘‘section 242(b)(1)’’.

3 (3) Section 242(a)(1) is amended by striking ‘‘sub4 section (b)’’ and inserting ‘‘subsection (b)(1)’’.

5 (4) Section 242A(b)(1) is amended by striking ‘‘sec6 tion 242(b)’’ and inserting ‘‘section 242(b)(1)’’.

7 (5) Section 242A(c)(2)(D)(ii), as redesignated by sec8 tion 165 of this Act, is amended by striking ‘‘section

9 242(b)’’ and inserting ‘‘section 242(b)(1)’’.

10 (6) Section 4113(a) of title 18, United States Code,

11 is amended by striking ‘‘section 1252(b)’’ and inserting

12 ‘‘section 1252(b)(1)’’.

13 (7) Section 1821(e) of title 28, United States Code,

14 is amended by striking ‘‘section 242(b) of such Act (8

15 U.S.C. 1252(b))’’ and inserting ‘‘section 242(b)(1) of such

16 Act (8 U.S.C. 1252(b)(1))’’.

17 (8) Section 242B(c)(1) is amended by striking ‘‘sec18 tion 242(b)(1)’’ and inserting ‘‘section 242(b)(4)’’.

19 (9) Section 242B(e)(2)(A) is amended by striking

20 ‘‘section 242(b)(1)’’ and inserting ‘‘section 242(b)(4)’’.

21 (10) Section 242B(e)(5)(A) is amended by striking

22 ‘‘section 242(b)(1)’’ and inserting ‘‘section 242(b)(4)’’.

23 SEC. 167. DEPORTATION AS A CONDITION OF PROBATION.

24 Section 3563(b) of title 18, United States Code, is

25 amended—
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1 (1) by striking ‘‘or’’ at the end of paragraph

2 (21);

3 (2) by striking the period at the end of para4 graph (22) and inserting ‘‘; or’’; and

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

6 paragraph:

7 ‘‘(23) be ordered deported by a United States

8 District Court, or United States Magistrate Court,

9 pursuant to a stipulation entered into by the defend10 ant and the United States under section 242A(c) of

11 the Immigration and Nationality Act (8 U.S.C.

12 1252a(c)), except that, in the absence of a stipula13 tion, the United States District Court or the United

14 States Magistrate Court, may order deportation as

15 a condition of probation, if, after notice and hearing

16 pursuant to section 242A(c) of the Immigration and

17 Nationality Act, the Attorney General demonstrates

18 by clear and convincing evidence that the alien is de19 portable.’’.

20 SEC. 168. ANNUAL REPORT ON CRIMINAL ALIENS.

21 Not later than 12 months after the date of the enact22 ment of this Act, and annually thereafter, the Attorney

23 General shall submit to the Committees on the Judiciary

24 of the House of Representatives and of the Senate a report

25 detailing—
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1 (1) the number of illegal aliens incarcerated in

2 Federal and State prisons for having committed felo3 nies, stating the number incarcerated for each type

4 of offense;

5 (2) the number of illegal aliens convicted for

6 felonies in any Federal or State court, but not sen7 tenced to incarceration, in the year before the report

8 was submitted, stating the number convicted for

9 each type of offense;

10 (3) programs and plans underway in the De11 partment of Justice to ensure the prompt removal

12 from the United States of criminal aliens subject to

13 exclusion or deportation; and

14 (4) methods for identifying and preventing the

15 unlawful reentry of aliens who have been convicted

16 of criminal offenses in the United States and re17 moved from the United States.

18 SEC. 169. UNDERCOVER INVESTIGATION AUTHORITY.

19 (a) AUTHORITIES.—(1) In order to conduct any un20 dercover investigative operation of the Immigration and

21 Naturalization Service which is necessary for the detection

22 and prosecution of crimes against the United States, the

23 Service is authorized—

24 (A) to lease space within the United States, the

25 District of Columbia, and the territories and posses-
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1 sions of the United States without regard to section

2 3679(a) of the Revised Statutes (31 U.S.C. 1341),

3 section 3732(a) of the Revised Statutes (41 U.S.C.

4 11(a)), section 305 of the Act of June 30, 1949 (63

5 Stat. 396; 41 U.S.C. 255), the third undesignated

6 paragraph under the heading ‘‘Miscellaneous’’ of the

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

8 section 3648 of the Revised Statutes (31 U.S.C.

9 3324), section 3741 of the Revised Statutes (41

10 U.S.C. 22), and subsections (a) and (c) of section

11 304 of the Federal Property and Administrative

12 Services Act of 1949 (63 Stat. 395; 41 U.S.C. 254

13 (a) and (c));

14 (B) to establish or to acquire proprietary cor15 porations or business entities as part of an under16 cover operation, and to operate such corporations or

17 business entities on a commercial basis, without re18 gard to the provisions of section 304 of the Govern19 ment Corporation Control Act (31 U.S.C. 9102);

20 (C) to deposit funds, including the proceeds

21 from such undercover operation, in banks or other

22 financial institutions without regard to the provi23 sions of section 648 of title 18 of the United States

24 Code, and section 3639 of the Revised Statutes (31

25 U.S.C. 3302); and
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1 (D) to use the proceeds from such undercover

2 operations to offset necessary and reasonable ex3 penses incurred in such operations without regard to

4 the provisions of section 3617 of the Revised Stat5 utes (31 U.S.C. 3302).

6 (2) The authorization set forth in paragraph (1) may

7 be exercised only upon written certification of the Commis8 sioner of the Immigration and Naturalization Service, in

9 consultation with the Deputy Attorney General, that any

10 action authorized by paragraph (1) (A), (B), (C), or (D)

11 is necessary for the conduct of such undercover operation.

12 (b) UNUSED FUNDS.—As soon as practicable after

13 the proceeds from an undercover investigative operation,

14 carried out under paragraph (1) (C) or (D) of subsection

15 (a), are no longer necessary for the conduct of such oper16 ation, such proceeds or the balance of such proceeds re17 maining at the time shall be deposited into the Treasury

18 of the United States as miscellaneous receipts.

19 (c) REPORT.—If a corporation or business entity es20 tablished or acquired as part of an undercover operation

21 under subsection (a)(1)(B) with a net value of over

22 $50,000 is to be liquidated, sold, or otherwise disposed

23 of, the Immigration and Naturalization Service, as much

24 in advance as the Commissioner or his or her designee

25 determine practicable, shall report the circumstances to
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1 the Attorney General, the Director of the Office of Man2 agement and Budget, and the Comptroller General of the

3 United States. The proceeds of the liquidation, sale, or

4 other disposition, after obligations are met, shall be depos5 ited in the Treasury of the United States as miscellaneous

6 receipts.

7 (d) AUDITS.—The Immigration and Naturalization

8 Service shall conduct detailed financial audits of closed un9 dercover operations on a quarterly basis and shall report

10 the results of the audits in writing to the Deputy Attorney

11 General.

12 SEC. 170. PRISONER TRANSFER TREATIES.

13 (a) NEGOTIATIONS WITH OTHER COUNTRIES.—(1)

14 Congress advises the President to begin to negotiate and

15 renegotiate, not later than 90 days after the date of enact16 ment of this Act, bilateral prisoner transfer treaties, pro17 viding for the incarceration, in the country of the alien’s

18 nationality, of any alien who—

19 (A) is a national of a country that is party to

20 such a treaty; and

21 (B) has been convicted of a criminal offense

22 under Federal or State law and who—

23 (i) is not in lawful immigration status in

24 the United States, or
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1 (ii) on the basis of conviction for a crimi2 nal offense under Federal or State law, or on

3 any other basis, is subject to deportation under

4 the Immigration and Nationality Act,

5 for the duration of the prison term to which the alien was

6 sentenced for the offense referred to in subparagraph (B).

7 Any such agreement may provide for the release of such

8 alien pursuant to parole procedures of that country.

9 (2) In entering into negotiations under paragraph

10 (1), the President may consider providing for appropriate

11 compensation, subject to the availability of appropriations,

12 in cases where the United States is able to independently

13 verify the adequacy of the sites where aliens will be impris14 oned and the length of time the alien is actually incarcer15 ated in the foreign country under such a treaty.

16 (b) SENSE OF CONGRESS.—It is the sense of the

17 Congress that—

18 (1) the focus of negotiations for such agree19 ments should be—

20 (A) to expedite the transfer of aliens un21 lawfully in the United States who are (or are

22 about to be) incarcerated in United States pris23 ons,
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1 (B) to ensure that a transferred prisoner

2 serves the balance of the sentence imposed by

3 the United States courts,

4 (C) to eliminate any requirement of pris5 oner consent to such a transfer, and

6 (D) to allow the Federal Government or

7 the States to keep their original prison sen8 tences in force so that transferred prisoners

9 who return to the United States prior to the

10 completion of their original United States sen11 tences can be returned to custody for the bal12 ance of their prisons sentences;

13 (2) the Secretary of State should give priority

14 to concluding an agreement with any country for

15 which the President determines that the number of

16 aliens described in subsection (a) who are nationals

17 of that country in the United States represents a

18 significant percentage of all such aliens in the Unit19 ed States; and

20 (3) no new treaty providing for the transfer of

21 aliens from Federal, State, or local incarceration fa22 cilities to a foreign incarceration facility should per23 mit the alien to refuse the transfer.

24 (c) PRISONER CONSENT.—Notwithstanding any

25 other provision of law, except as required by treaty, the
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1 transfer of an alien from a Federal, State, or local incar2 ceration facility under an agreement of the type referred

3 to in subsection (a) shall not require consent of the alien.

4 (d) ANNUAL REPORT.—Not later than 90 days after

5 the date of the enactment of this Act, and annually there6 after, the Attorney General shall submit a report to the

7 Committees on the Judiciary of the House of Representa8 tives and of the Senate stating whether each prisoner

9 transfer treaty to which the United States is a party has

10 been effective in the preceding 12 months in bringing

11 about the return of deportable incarcerated aliens to the

12 country of which they are nationals and in ensuring that

13 they serve the balance of their sentences.

14 (e) TRAINING FOREIGN LAW ENFORCEMENT PER15 SONNEL.—(1) Subject to paragraph (2), the President

16 shall direct the Border Patrol Academy and the Customs

17 Service Academy to enroll for training an appropriate

18 number of foreign law enforcement personnel, and shall

19 make appointments of foreign law enforcement personnel

20 to such academies, as necessary to further the following

21 United States law enforcement goals:

22 (A) prevention of drug smuggling and other

23 cross-border criminal activity;

24 (B) preventing illegal immigration; and
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1 (C) preventing the illegal entry of goods into

2 the United States (including goods the sale of which

3 is illegal in the United States, the entry of which

4 would cause a quota to be exceeded, or which have

5 not paid the appropriate duty or tariff).

6 (2) The appointments described in paragraph (1)

7 shall be made only to the extent there is capacity in such

8 academies beyond what is required to train United States

9 citizens needed in the Border Patrol and Customs Service,

10 and only of personnel from a country with which the pris11 oner transfer treaty has been stated to be effective in the

12 most recent report referred to in subsection (d).

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated such sums as may be

15 necessary to carry out this section.

16 SEC. 170A. PRISONER TRANSFER TREATIES STUDY.

17 (a) REPORT TO CONGRESS.—Not later than 180 days

18 after the date of the enactment of this Act, the Secretary

19 of State and the Attorney General shall submit to the Con20 gress a report that describes the use and effectiveness of

21 the prisoner transfer treaties with the three countries with

22 the greatest number of their nationals incarcerated in the

23 United States in removing from the United States such

24 incarcerated nationals.
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1 (b) USE OF TREATY.—The report under subsection

2 (a) shall include—

3 (1) the number of aliens convicted of a criminal

4 offense in the United States since November 30,

5 1977, who would have been or are eligible for trans6 fer pursuant to the treaties;

7 (2) the number of aliens described in paragraph

8 (1) who have been transferred pursuant to the trea9 ties;

10 (3) the number of aliens described in paragraph

11 (2) who have been incarcerated in full compliance

12 with the treaties;

13 (4) the number of aliens who are incarcerated

14 in a penal institution in the United States who are

15 eligible for transfer pursuant to the treaties; and

16 (5) the number of aliens described in paragraph

17 (4) who are incarcerated in Federal, State, and local

18 penal institutions in the United States.

19 (c) RECOMMENDATIONS.—The report under sub20 section (a) shall include the recommendations of the Sec21 retary of State and the Attorney General to increase the

22 effectiveness and use of, and full compliance with, the

23 treaties. In considering the recommendations under this

24 subsection, the Secretary and the Attorney General shall

25 consult with such State and local officials in areas dis-
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1 proportionately impacted by aliens convicted of criminal

2 offenses as the Secretary and the Attorney General con3 sider appropriate. Such recommendations shall address—

4 (1) changes in Federal laws, regulations, and

5 policies affecting the identification, prosecution, and

6 deportation of aliens who have committed criminal

7 offenses in the United States;

8 (2) changes in State and local laws, regulations,

9 and policies affecting the identification, prosecution,

10 and deportation of aliens who have committed a

11 criminal offense in the United States;

12 (3) changes in the treaties that may be nec13 essary to increase the number of aliens convicted of

14 criminal offenses who may be transferred pursuant

15 to the treaties;

16 (4) methods for preventing the unlawful reentry

17 into the United States of aliens who have been con18 victed of criminal offenses in the United States and

19 transferred pursuant to the treaties;

20 (5) any recommendations by appropriate offi21 cials of the appropriate government agencies of such

22 countries regarding programs to achieve the goals

23 of, and ensure full compliance with, the treaties;
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1 (6) whether the recommendations under this

2 subsection require the renegotiation of the treaties;

3 and

4 (7) the additional funds required to implement

5 each recommendation under this subsection.

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

7 REQUIREMENT.

8 Section 2424 of title 18, United States Code, is

9 amended—

10 (1) in the first undesignated paragraph of sub11 section (a)—

12 (A) by striking ‘‘alien’’ each place it ap13 pears;

14 (B) by inserting after ‘‘individual’’ the first

15 place it appears the following: ‘‘, knowing or in

16 reckless disregard of the fact that the individual

17 is an alien’’; and

18 (C) by striking ‘‘within three years after

19 that individual has entered the United States

20 from any country, party to the arrangement

21 adopted July 25, 1902, for the suppression of

22 the white-slave traffic’’;

23 (2) in the second undesignated paragraph of

24 subsection (a)—
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1 (A) by striking ‘‘thirty’’ and inserting ‘‘five

2 business’’; and

3 (B) by striking ‘‘within three years after

4 that individual has entered the United States

5 from any country, party to the said arrange6 ment for the suppression of the white-slave

7 traffic,’’;

8 (3) in the text following the third undesignated

9 paragraph of subsection (a), by striking ‘‘two’’ and

10 inserting ‘‘10’’; and

11 (4) in subsection (b), before the period at the

12 end of the second sentence, by inserting ‘‘, or for en13 forcement of the provisions of section 274A of the

14 Immigration and Nationality Act’’.

15 SEC. 170C. TECHNICAL CORRECTIONS TO VIOLENT CRIME

16 CONTROL ACT AND TECHNICAL CORREC17 TIONS ACT.

18 (a) IN GENERAL.—The second subsection (i) of sec19 tion 245 (as added by section 130003(c)(1) of the Violent

20 Crime Control and Law Enforcement Act of 1994; Public

21 Law 103–322) is redesignated as subsection (j) of such

22 section.

23 (b) CONFORMING AMENDMENT.—Section

24 241(a)(2)(A)(i)(I) (8 U.S.C. 1251(a)(2)(A)(i)(I)) is
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1 amended by striking ‘‘section 245(i)’’ and inserting ‘‘sec2 tion 245(j)’’.

3 (c) DENIAL OF JUDICIAL ORDER.—(1) Section

4 242A(c)(4), as redesignated by section 165 of this Act,

5 is amended by striking ‘‘without a decision on the merits’’.

6 (2) The amendment made by this subsection shall be

7 effective as if originally included in section 223 of the Im8 migration and Nationality Technical Corrections Act of

9 1994 (Public Law 103–416).

10 SEC. 170D. DEMONSTRATION PROJECT FOR IDENTIFICA11 TION OF ILLEGAL ALIENS IN INCARCER12 ATION FACILITY OF ANAHEIM, CALIFORNIA.

13 (a) AUTHORITY.—The Attorney General is author14 ized to conduct a project demonstrating the feasibility of

15 identifying illegal aliens among those individuals who are

16 incarcerated in local governmental prison facilities prior

17 to arraignment on criminal charges.

18 (b) DESCRIPTION OF PROJECT.—The project author19 ized by subsection (a) shall include the detail to the city

20 of Anaheim, California, of an employee of the Immigration

21 and Naturalization Service having expertise in the identi22 fication of illegal aliens for the purpose of training local

23 officials in the identification of such aliens.
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1 (c) TERMINATION.—The authority of this section

2 shall cease to be effective 6 months after the date of the

3 enactment of this Act.

4 (d) DEFINITION.—As used in this section, the term

5 ‘‘illegal alien’’ means an alien in the United States who

6 is not within any of the following classes of aliens:

7 (1) Aliens lawfully admitted for permanent resi8 dence.

9 (2) Nonimmigrant aliens described in section

10 101(a)(15) of the Immigration and Nationality Act.

11 (3) Refugees.

12 (4) Asylees.

13 (5) Parolees.

14 (6) Aliens having deportation withheld under

15 section 243(h) of the Immigration and Nationality

16 Act.

17 (7) Aliens having temporary residence status.

18 PART 6—MISCELLANEOUS

19 SEC. 171. IMMIGRATION EMERGENCY PROVISIONS.

20 (a) REIMBURSEMENT OF FEDERAL AGENCIES FROM

21 IMMIGRATION EMERGENCY FUND.—Section 404(b) (8

22 U.S.C. 1101 note) is amended—

23 (1) in paragraph (1)—

24 (A) after ‘‘paragraph (2)’’ by striking

25 ‘‘and’’ and inserting a comma,
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1 (B) by striking ‘‘State’’ and inserting

2 ‘‘other Federal agencies and States’’,

3 (C) by inserting ‘‘, and for the costs asso4 ciated with repatriation of aliens attempting to

5 enter the United States illegally, whether appre6 hended within or outside the territorial sea of

7 the United States’’ before ‘‘except’’, and

8 (D) by adding at the end the following new

9 sentence: ‘‘The fund may be used for the costs

10 of such repatriations without the requirement

11 for a determination by the President that an

12 immigration emergency exists.’’; and

13 (2) in paragraph (2)(A)—

14 (A) by inserting ‘‘to Federal agencies pro15 viding support to the Department of Justice

16 or’’ after ‘‘available’’; and

17 (B) by inserting a comma before ‘‘when18 ever’’.

19 (b) VESSEL MOVEMENT CONTROLS.—Section 1 of

20 the Act of June 15, 1917 (50 U.S.C. 191) is amended

21 in the first sentence by inserting ‘‘or whenever the Attor22 ney General determines that an actual or anticipated mass

23 migration of aliens en route to or arriving off the coast

24 of the United States presents urgent circumstances requir-
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1 ing an immediate Federal response,’’ after ‘‘United

2 States,’’ the first place it appears.

3 (c) DELEGATION OF IMMIGRATION ENFORCEMENT

4 AUTHORITY.—Section 103 (8 U.S.C. 1103) is amended by

5 adding at the end of subsection (a) the following new sen6 tence: ‘‘In the event the Attorney General determines that

7 an actual or imminent mass influx of aliens arriving off

8 the coast of the United States, or near a land border, pre9 sents urgent circumstances requiring an immediate Fed10 eral response, the Attorney General may authorize any

11 specially designated State or local law enforcement officer,

12 with the consent of the head of the department, agency,

13 or establishment under whose jurisdiction the individual

14 is serving, to perform or exercise any of the powers, privi15 leges, or duties conferred or imposed by this Act or regula16 tions issued thereunder upon officers or employees of the

17 Service.’’.

18 SEC. 172. AUTHORITY TO DETERMINE VISA PROCESSING

19 PROCEDURES.

20 Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amend21 ed—

22 (1) by inserting ‘‘(A)’’ after ‘‘NONDISCRIMINA23 TION.—’’; and

24 (2) by adding at the end the following:
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1 ‘‘(B) Nothing in this paragraph shall be con2 strued to limit the authority of the Secretary of

3 State to determine the procedures for the processing

4 of immigrant visa applications or the locations where

5 such applications will be processed.’’.

6 SEC. 173. JOINT STUDY OF AUTOMATED DATA COLLECTION.

7 (a) STUDY.—The Attorney General, together with the

8 Secretary of State, the Secretary of Agriculture, the Sec9 retary of the Treasury, and appropriate representatives of

10 the air transport industry, shall jointly undertake a study

11 to develop a plan for making the transition to automated

12 data collection at ports of entry.

13 (b) REPORT.—Nine months after the date of enact14 ment of this Act, the Attorney General shall submit a re15 port to the Committees on the Judiciary of the Senate

16 and the House of Representatives on the outcome of this

17 joint initiative, noting specific areas of agreement and dis18 agreement, and recommending further steps to be taken,

19 including any suggestions for legislation.

20 SEC. 174. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.

21 Not later than 2 years after the date of the enact22 ment of this Act, the Attorney General shall develop an

23 automated entry and exit control system that will enable

24 the Attorney General to identify, through on-line search25 ing procedures, lawfully admitted nonimmigrants who re-
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1 main in the United States beyond the period authorized

2 by the Attorney General.

3 SEC. 175. USE OF LEGALIZATION AND SPECIAL AGRICUL4 TURAL WORKER INFORMATION.

5 (a) CONFIDENTIALITY OF INFORMATION.—Section

6 245A(c)(5) (8 U.S.C. 1255a(c)(5)) is amended by striking

7 ‘‘except that the Attorney General’’ and inserting the fol8 lowing: ‘‘except that the Attorney General shall provide

9 information furnished under this section to a duly recog10 nized law enforcement entity in connection with a criminal

11 investigation or prosecution, when such information is re12 quested in writing by such entity, or to an official coroner

13 for purposes of affirmatively identifying a deceased indi14 vidual (whether or not such individual is deceased as a

15 result of a crime) and’’.

16 (b) SPECIAL AGRICULTURAL WORKERS.—Section

17 210(b)(6)(C) (8 U.S.C. 1160(b)(6)(C)) is amended—

18 (1) by striking the period at the end of sub19 paragraph (C) and inserting a comma; and

20 (2) by adding in full measure margin after sub21 paragraph (C) the following:

22 ‘‘except that the Attorney General shall provide in23 formation furnished under this section to a duly rec24 ognized law enforcement entity in connection with a

25 criminal investigation or prosecution, when such in-
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1 formation is requested in writing by such entity, or

2 to an official coroner for purposes of affirmatively

3 identifying a deceased individual (whether or not

4 such individual is deceased as a result of a crime).’’.

5 SEC. 176. RESCISSION OF LAWFUL PERMANENT RESIDENT

6 STATUS.

7 Section 246(a) (8 U.S.C. 1256(a)) is amended—

8 (1) by inserting ‘‘(1)’’ immediately after ‘‘(a)’’;

9 and

10 (2) by adding at the end the following new sen11 tence: ‘‘Nothing in this subsection requires the At12 torney General to rescind the alien’s status prior to

13 commencement of procedures to deport the alien

14 under section 242 or 242A, and an order of deporta15 tion issued by a special inquiry officer shall be suffi16 cient to rescind the alien’s status.’’.

17 SEC. 177. COMMUNICATION BETWEEN FEDERAL, STATE,

18 AND LOCAL GOVERNMENT AGENCIES, AND

19 THE IMMIGRATION AND NATURALIZATION

20 SERVICE.

21 Notwithstanding any other provision of Federal,

22 State, or local law, no Federal, State, or local government

23 entity shall prohibit, or in any way restrict, any govern24 ment entity or any official within its jurisdiction from

25 sending to, or receiving from, the Immigration and Natu-
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1 ralization Service information regarding the immigration

2 status, lawful or unlawful, of any person.

3 SEC. 178. AUTHORITY TO USE VOLUNTEERS.

4 (a) ACCEPTANCE OF DONATED SERVICES.—Notwith5 standing any other provision of law, but subject to sub6 section (b), the Attorney General may accept, administer,

7 and utilize gifts of services from any person for the pur8 pose of providing administrative assistance to the Immi9 gration and Naturalization Service in administering pro10 grams relating to naturalization, adjudications at ports of

11 entry, and removal of criminal aliens. Nothing in this sec12 tion requires the Attorney General to accept the services

13 of any person.

14 (b) LIMITATION.—Such person may not administer

15 or score tests and may not adjudicate.

16 SEC. 179. AUTHORITY TO ACQUIRE FEDERAL EQUIPMENT

17 FOR BORDER.

18 In order to facilitate or improve the detection, inter19 diction, and reduction by the Immigration and Naturaliza20 tion Service of illegal immigration into the United States,

21 the Attorney General is authorized to acquire and utilize

22 any Federal equipment (including, but not limited to,

23 fixed-wing aircraft, helicopters, four-wheel drive vehicles,

24 sedans, night vision goggles, night vision scopes, and sen25 sor units) determined available for transfer to the Depart-
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1 ment of Justice by any other agency of the Federal Gov2 ernment upon request of the Attorney General.

3 SEC. 180. LIMITATION ON LEGALIZATION LITIGATION.

4 (a) LIMITATION ON COURT JURISDICTION.—Section

5 245A(f)(4) is amended by adding at the end the following

6 new subparagraph:

7 ‘‘(C) JURISDICTION OF COURTS.—Notwithstanding

8 any other provision of law, no court shall have jurisdiction

9 of any cause of action or claim by or on behalf of any

10 person asserting an interest under this section unless such

11 person in fact filed an application under this section with12 in the period specified by subsection (a)(1), or attempted

13 to file a complete application and application fee with an

14 authorized legalization officer of the Immigration and

15 Naturalization Service but had the application and fee re16 fused by that officer.’’.

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

18 this section shall be effective as if originally included in

19 section 201 of the Immigration Control and Financial Re20 sponsibility Act of 1986.

21 SEC. 181. LIMITATION ON ADJUSTMENT OF STATUS.

22 Section 245(c) (8 U.S.C. 1255(c)) is amended—

23 (1) by striking ‘‘or (5)’’ and inserting ‘‘(5)’’;

24 and
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1 (2) by inserting before the period at the end the

2 following: ‘‘; (6) any alien who seeks adjustment of

3 status as an employment-based immigrant and is not

4 in a lawful nonimmigrant status; or (7) any alien

5 who was employed while the alien was an unauthor6 ized alien, as defined in section 274A(h)(3), or who

7 has otherwise violated the terms of a nonimmigrant

8 visa’’.

9 SEC. 182. REPORT ON DETENTION SPACE.

10 (a) IN GENERAL.—Not later than one year after the

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

12 shall submit a report to the Congress estimating the

13 amount of detention space that would be required on the

14 date of enactment of this Act, in 5 years, and in 10 years,

15 under various policies on the detention of aliens, including

16 but not limited to—

17 (1) detaining all excludable or deportable aliens

18 who may lawfully be detained;

19 (2) detaining all excludable or deportable aliens

20 who previously have been excluded, been deported,

21 departed while an order of exclusion or deportation

22 was outstanding, voluntarily departed under section

23 244, or voluntarily returned after being apprehended

24 while violating an immigration law of the United

25 States; and
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1 (3) the current policy.

2 (b) ESTIMATE OF NUMBER OF ALIENS RELEASED

3 INTO THE COMMUNITY.—Such report shall also estimate

4 the number of excludable or deportable aliens who have

5 been released into the community in each of the 3 years

6 prior to the date of enactment of this Act under cir7 cumstances that the Attorney General believes justified

8 detention (for example, a significant probability that the

9 released alien would not appear, as agreed, at subsequent

10 exclusion or deportation proceedings), but a lack of deten11 tion facilities required release.

12 SEC. 183. COMPENSATION OF IMMIGRATION JUDGES.

13 (a) COMPENSATION.—

14 (1) IN GENERAL.—There shall be four levels of

15 pay for special inquiry officers of the Department of

16 Justice (in this section referred to as ‘‘immigration

17 judges’’) under the Immigration Judge Schedule

18 (designated as IJ–1, IJ–2, IJ–3, and IJ–4, respec19 tively), and each such judge shall be paid at one of

20 those levels, in accordance with the provisions of this

21 subsection.

22 (2) RATES OF PAY.—(A) The rates of basic pay

23 for the levels established under paragraph (1) shall

24 be as follows:

IJ–1 ............................................... 70 percent of the next to highest rate

of basic pay for the Senior Executive Service.
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IJ–2 ............................................... 80 percent of the next to highest rate

of basic pay for the Senior Executive Service.

IJ–3 ............................................... 90 percent of the next to highest rate

of basic pay for the Senior Executive Service.

IJ–4 ............................................... 92 percent of the next to highest rate

of basic pay for the Senior Executive Service.

1 (B) Locality pay, where applicable, shall be cal2 culated into the basic pay for immigration judges.

3 (3) APPOINTMENT.—(A) Upon appointment, an

4 immigration judge shall be paid at IJ–1, and shall

5 be advanced to IJ–2 upon completion of 104 weeks

6 of service, to IJ–3 upon completion of 104 weeks of

7 service in the next lower rate, and to IJ–4 upon

8 completion of 52 weeks of service in the next lower

9 rate.

10 (B) The Attorney General may provide for ap11 pointment of an immigration judge at an advanced

12 rate under such circumstances as the Attorney Gen13 eral may determine appropriate.

14 (4) TRANSITION.—Judges serving on the Immi15 gration Court as of the effective date of this sub16 section shall be paid at the rate that corresponds to

17 the amount of time, as provided under paragraph

18 (3)(A), that they have served as an immigration

19 judge.

20 (b) EFFECTIVE DATE.—Subsection (a) shall take ef21 fect 90 days after the date of the enactment of this Act.
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1 SEC. 184. ACCEPTANCE OF STATE SERVICES TO CARRY OUT

2 IMMIGRATION ENFORCEMENT.

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

4 at the end the following:

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

6 United States Code, the Attorney General may enter into

7 a written agreement with a State, or any political subdivi8 sion of a State, pursuant to which an officer or employee

9 of the State or subdivision, who is determined by the At10 torney General to be qualified to perform a function of

11 an immigration officer in relation to the arrest or deten12 tion of aliens in the United States, may carry out such

13 function at the expense of the State or political subdivision

14 and to the extent consistent with State and local law.

15 ‘‘(2) An agreement under this subsection shall re16 quire that an officer or employee of a State or political

17 subdivision of a State performing a function under the

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

19 law relating to the function, and shall contain a written

20 certification that the officers or employees performing the

21 function under the agreement have received adequate

22 training regarding the enforcement of relevant Federal im23 migration laws.

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

25 an officer or employee of a State or political subdivision
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1 of a State shall be subject to the direction and supervision

2 of the Attorney General.

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

4 an officer or employee of a State or political subdivision

5 of a State may use Federal property or facilities, as pro6 vided in a written agreement between the Attorney Gen7 eral and the State or subdivision.

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

9 State or political subdivision who is authorized to perform

10 a function under this subsection, the specific powers and

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

12 performed by the individual, the duration of the authority

13 of the individual, and the position of the agency of the

14 Attorney General who is required to supervise and direct

15 the individual, shall be set forth in a written agreement

16 between the Attorney General and the State or political

17 subdivision.

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

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

20 any Federal employee.

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

22 or employee of a State or political subdivision of a State

23 performing functions under this subsection shall not be

24 treated as a Federal employee for any purpose other than

25 for purposes of chapter 81 of title 5, United States Code,
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1 (relating to compensation for injury) and sections 2671

2 through 2680 of title 28, United States Code (relating to

3 tort claims).

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

5 subdivision of a State acting under color of authority

6 under this subsection, or any agreement entered into

7 under this subsection, shall be considered to be acting

8 under color of Federal authority for purposes of determin9 ing the liability, and immunity from suit, of the officer

10 or employee in a civil action brought under Federal or

11 State law.

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

13 require any State or political subdivision of a State to

14 enter into an agreement with the Attorney General under

15 this subsection.

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

17 to require an agreement under this subsection in order for

18 any officer or employee of a State or political subdivision

19 of a State—

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

21 regarding the immigration status of any individual,

22 including reporting knowledge that a particular alien

23 is not lawfully present in the United States; or

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

25 General in the identification, apprehension, deten-
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1 tion, or removal of aliens not lawfully present in the

2 United States.’’.

3 SEC. 185. ALIEN WITNESS COOPERATION.

4 Section 214(j)(1) of the Immigration and Nationality

5 Act (8 U.S.C. 1184(j)(1)) (relating to numerical limita6 tions on the number of aliens that may be provided visas

7 as nonimmigrants under section 101(a)(15)(5)(ii) of such

8 Act) is amended—

9 (1) by striking ‘‘100’’ and inserting ‘‘200’’; and

10 (2) by striking ‘‘25’’ and inserting ‘‘50’’.

11 Subtitle B—Other Control

12 Measures

13 PART 1—PAROLE AUTHORITY

14 SEC. 191. USABLE ONLY ON A CASE-BY-CASE BASIS FOR HU15 MANITARIAN REASONS OR SIGNIFICANT PUB16 LIC BENEFIT.

17 Section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)) is

18 amended by striking ‘‘for emergent reasons or for reasons

19 deemed strictly in the public interest’’ and inserting ‘‘on

20 a case-by-case basis for urgent humanitarian reasons or

21 significant public benefit’’.

22 SEC. 192. INCLUSION IN WORLDWIDE LEVEL OF FAMILY23 SPONSORED IMMIGRANTS.

24 (a) IN GENERAL.—Section 201(c) (8 U.S.C. 1151(c))

25 is amended—
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1 (1) by amending paragraph (1)(A)(ii) to read

2 as follows:

3 ‘‘(ii) the sum of the number computed under

4 paragraph (2) and the number computed under

5 paragraph (4), plus’’; and

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

7 paragraphs:

8 ‘‘(4) The number computed under this paragraph for

9 a fiscal year is the number of aliens who were paroled into

10 the United States under section 212(d)(5) in the second

11 preceding fiscal year and who did not depart from the

12 United States within 365 days.

13 ‘‘(5) If any alien described in paragraph (4) is subse14 quently admitted as an alien lawfully admitted for perma15 nent residence, such alien shall not again be considered

16 for purposes of paragraph (1).’’.

17 (b) INCLUSION OF PAROLED ALIENS.—Section 202

18 (8 U.S.C. 1152) is amended by adding at the end the fol19 lowing new subsection:

20 ‘‘(f)(1) For purposes of subsection (a)(2), an immi21 grant visa shall be considered to have been made available

22 in a fiscal year to any alien who is not an alien lawfully

23 admitted for permanent residence but who was paroled

24 into the United States under section 212(d)(5) in the sec-
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1 ond preceding fiscal year and who did not depart from

2 the United States within 365 days.

3 ‘‘(2) If any alien described in paragraph (1) is subse4 quently admitted as an alien lawfully admitted for perma5 nent residence, an immigrant visa shall not again be con6 sidered to have been made available for purposes of sub7 section (a)(2).’’.

8 PART 2—ASYLUM

9 SEC. 193. LIMITATIONS ON ASYLUM APPLICATIONS BY

10 ALIENS USING DOCUMENTS FRAUDULENTLY

11 OR BY EXCLUDABLE ALIENS APPREHENDED

12 AT SEA; USE OF SPECIAL EXCLUSION PROCE13 DURES.

14 Section 208 (8 U.S.C. 1158) is amended by striking

15 subsection (e) and inserting the following:

16 ‘‘(e)(1) Notwithstanding subsection (a), any alien

17 who, in seeking entry to the United States or boarding

18 a common carrier for the purpose of coming to the United

19 States, presents any document which, in the determination

20 of the immigration officer, is fraudulent, forged, stolen,

21 or inapplicable to the person presenting the document, or

22 otherwise contains a misrepresentation of a material fact,

23 may not apply for or be granted asylum, unless presen24 tation of the document was necessary to depart from a

25 country in which the alien has a credible fear of persecu-
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1 tion, or from which the alien has a credible fear of return

2 to persecution, and the alien traveled from such country

3 directly to the United States.

4 ‘‘(2) Notwithstanding subsection (a), an alien who

5 boards a common carrier for the purpose of coming to the

6 United States through the presentation of any document

7 which relates or purports to relate to the alien’s eligibility

8 to enter the United States, and who fails to present such

9 document to an immigration officer upon arrival at a port

10 of entry into the United States, may not apply for or be

11 granted asylum, unless presentation of such document was

12 necessary to depart from a country in which the alien has

13 a credible fear of persecution, or from which the alien has

14 a credible fear of return to persecution, and the alien trav15 eled from such country directly to the United States.

16 ‘‘(3) Notwithstanding subsection (a), an alien de17 scribed in section 235(d)(3) may not apply for or be grant18 ed asylum, unless the alien traveled directly from a coun19 try in which the alien has a credible fear of persecution,

20 or from which the alien has a credible fear of return to

21 persecution.

22 ‘‘(4) Notwithstanding paragraph (1), (2), or (3), the

23 Attorney General may, under extraordinary cir24 cumstances, permit an alien described in any such para25 graph to apply for asylum.
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1 ‘‘(5)(A) When an immigration officer has determined

2 that an alien has sought entry under either of the cir3 cumstances described in paragraph (1) or (2), or is an

4 alien described in section 235(d)(3), or is otherwise an

5 alien subject to the special exclusion procedure of section

6 235(e), and the alien has indicated a desire to apply for

7 asylum or for withholding of deportation under section

8 243(h), the immigration officer shall refer the matter to

9 an asylum officer.

10 ‘‘(B) Such asylum officer shall interview the alien, in

11 person or by video conference, to determine whether the

12 alien has a credible fear of persecution (or of return to

13 persecution) in or from—

14 ‘‘(i) the country of such alien’s nationality or,

15 in the case of a person having no nationality, the

16 country in which such alien last habitually resided,

17 and

18 ‘‘(ii) in the case of an alien seeking asylum who

19 has sought entry under either of the circumstances

20 described in paragraph (1) or (2), or who is de21 scribed in section 235(d)(3), the country in which

22 the alien was last present prior to attempting entry

23 into the United States.

24 ‘‘(C) If the officer determines that the alien does not

25 have a credible fear of persecution in (or of return to per-
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1 secution from) the country or countries referred to in sub2 paragraph (B), the alien may be specially excluded and

3 deported in accordance with section 235(e).

4 ‘‘(D) The Attorney General shall provide by regula5 tion for the prompt supervisory review of a determination

6 under subparagraph (C) that an alien physically present

7 in the United States does not have a credible fear of perse8 cution in (or of return to persecution from) the country

9 or countries referred to in subparagraph (B).

10 ‘‘(E) The Attorney General shall provide information

11 concerning the procedure described in this paragraph to

12 persons who may be eligible. An alien who is eligible for

13 such procedure pursuant to subparagraph (A) may consult

14 with a person or persons of the alien’s choosing prior to

15 the procedure or any review thereof, in accordance with

16 regulations prescribed by the Attorney General. Such con17 sultation shall be at no expense to the Government and

18 shall not delay the process.

19 ‘‘(6) An alien who has been determined under the

20 procedure described in paragraph (5) to have a credible

21 fear of persecution shall be taken before a special inquiry

22 officer for a hearing in accordance with section 236.

23 ‘‘(7) As used in this subsection, the term ‘asylum offi24 cer’ means an immigration officer who—
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1 ‘‘(A) has had professional training in country

2 conditions, asylum law, and interview techniques;

3 and

4 ‘‘(B) is supervised by an officer who meets the

5 condition in subparagraph (A).

6 ‘‘(8) As used in this section, the term ‘credible fear

7 of persecution’ means that—

8 ‘‘(A) there is a substantial likelihood that the

9 statements made by the alien in support of the

10 alien’s claim are true; and

11 ‘‘(B) there is a significant possibility, in light of

12 such statements and of country conditions, that the

13 alien could establish eligibility as a refugee within

14 the meaning of section 101(a)(42)(A).’’.

15 SEC. 194. TIME LIMITATION ON ASYLUM CLAIMS.

16 Section 208(a) (8 U.S.C. 1158(a)) is amended—

17 (1) by striking ‘‘The’’ and inserting the follow18 ing: ‘‘(1) Except as provided in paragraph (2), the’’;

19 and

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

21 ‘‘(2)(A) An application for asylum filed for the first

22 time during an exclusion or deportation proceeding shall

23 not be considered if the proceeding was commenced more

24 than one year after the alien’s entry or admission into the

25 United States.
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1 ‘‘(B) An application for asylum may be considered,

2 notwithstanding subparagraph (A), if the applicant shows

3 good cause for not having filed within the specified period

4 of time.’’.

5 SEC. 195. LIMITATION ON WORK AUTHORIZATION FOR ASY6 LUM APPLICANTS.

7 Section 208 (8 U.S.C. 1158), as amended by this Act,

8 is further amended by adding at the end the following new

9 subsection:

10 ‘‘(f)(1) An applicant for asylum may not engage in

11 employment in the United States unless such applicant

12 has submitted an application for employment authoriza13 tion to the Attorney General and, subject to paragraph

14 (2), the Attorney General has granted such authorization.

15 ‘‘(2) The Attorney General may deny any application

16 for, or suspend or place conditions on any grant of, au17 thorization for any applicant for asylum to engage in em18 ployment in the United States.’’.

19 SEC. 196. INCREASED RESOURCES FOR REDUCING ASYLUM

20 APPLICATION BACKLOGS.

21 (a) PURPOSE AND PERIOD OF AUTHORIZATION.—

22 For the purpose of reducing the number of applications

23 pending under sections 208 and 243(h) of the Immigra24 tion and Nationality Act (8 U.S.C. 1158 and 1253) as

25 of the date of the enactment of this Act, the Attorney Gen-
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1 eral shall have the authority described in subsections (b)

2 and (c) for a period of two years, beginning 90 days after

3 the date of the enactment of this Act.

4 (b) PROCEDURES FOR PROPERTY ACQUISITION ON

5 LEASING.—Notwithstanding the Federal Property and

6 Administrative Services Act of 1949 (40 U.S.C. 471 et

7 seq.), the Attorney General is authorized to expend out

8 of funds made available to the Department of Justice for

9 the administration of the Immigration and Nationality Act

10 such amounts as may be necessary for the leasing or ac11 quisition of property to carry out the purpose described

12 in subsection (a).

13 (c) USE OF FEDERAL RETIREES.—(1) In order to

14 carry out the purpose described in subsection (a), the At15 torney General may employ temporarily not more than

16 300 persons who, by reason of retirement on or before

17 January 1, 1993, are receiving—

18 (A) annuities under the provisions of sub19 chapter III of chapter 83 of title 5, United States

20 Code, or chapter 84 of such title;

21 (B) annuities under any other retirement sys22 tem for employees of the Federal Government; or

23 (C) retired or retainer pay as retired officers of

24 regular components of the uniformed services.
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1 (2) In the case of a person retired under the provi2 sions of subchapter III of chapter 83 of title 5, United

3 States Code—

4 (A) no amounts may be deducted from the per5 son’s pay,

6 (B) the annuity of such person may not be ter7 minated,

8 (C) payment of the annuity to such person may

9 not be discontinued, and

10 (D) the annuity of such person may not be re11 computed, under section 8344 of such title,

12 by reason of the temporary employment authorized in

13 paragraph (1).

14 (3) In the case of a person retired under the provi15 sions of chapter 84 of title 5, United States Code—

16 (A) no amounts may be deducted from the per17 son’s pay,

18 (B) contributions to the Civil Service Retire19 ment and Disability Fund may not be made, and

20 (C) the annuity of such person may not be re21 computed, under section 8468 of such title,

22 by reason of the temporary employment authorized in

23 paragraph (1).

24 (4) The retired or retainer pay of a retired officer

25 of a regular component of a uniformed service may not
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1 be reduced under section 5532 of title 5, United States

2 Code, by reason of temporary employment authorized in

3 paragraph (1).

4 (5) The President shall apply the provisions of para5 graphs (2) and (3) to persons receiving annuities de6 scribed in paragraph (1)(B) in the same manner and to

7 the same extent as such provisions apply to persons receiv8 ing annuities described in paragraph (1)(A).

9 PART 3—CUBAN ADJUSTMENT ACT

10 SEC. 197. REPEAL AND EXCEPTION.

11 (a) REPEAL.—Subject to subsection (b), Public Law

12 89–732, as amended, is hereby repealed.

13 (b) SAVINGS PROVISIONS.—(1) The provisions of

14 such Act shall continue to apply on a case-by-case basis

15 with respect to individuals paroled into the United States

16 pursuant to the Cuban Migration Agreement of 1995.

17 (2) The individuals obtaining lawful permanent resi18 dent status under such provisions in a fiscal year shall

19 be treated as if they were family-sponsored immigrants ac20 quiring the status of aliens lawfully admitted to the United

21 States in such fiscal year for purposes of the world-wide

22 and per-country levels of immigration described in sections

23 201 and 202 of the Immigration and Nationality Act, ex24 cept that any individual who previously was included in

25 the number computed under section 201(c)(4) of the Im-
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1 migration and Nationality Act, as added by section 192

2 of this Act, or had been counted for purposes of section

3 202 of the Immigration and Nationality Act, as amended

4 by section 192 of this Act, shall not be so treated.

5 Subtitle C—Effective Dates

6 SEC. 198. EFFECTIVE DATES.

7 (a) IN GENERAL.—Except as otherwise provided in

8 this title and subject to subsection (b), this title, and the

9 amendments made by this title, shall take effect on the

10 date of the enactment of this Act.

11 (b) OTHER EFFECTIVE DATES.—

12 (1) EFFECTIVE DATES FOR PROVISIONS DEAL13 ING WITH DOCUMENT FRAUD; REGULATIONS TO IM14 PLEMENT.—

15 (A) IN GENERAL.—The amendments made

16 by sections 131, 132, 141, and 195 shall be ef17 fective upon the date of the enactment of this

18 Act and shall apply to aliens who arrive in or

19 seek admission to the United States on or after

20 such date.

21 (B) REGULATIONS.—Notwithstanding any

22 other provision of law, the Attorney General

23 may issue interim final regulations to imple24 ment the provisions of the amendments listed in

25 subparagraph (A) at any time on or after the
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1 date of the enactment of this Act, which regula2 tions may become effective upon publication

3 without prior notice or opportunity for public

4 comment.

5 (2) ALIEN SMUGGLING, EXCLUSION, AND DE6 PORTATION.—The amendments made by sections

7 122, 126, 128, 129, 143, and 150(b) shall apply

8 with respect to offenses occurring on or after the

9 date of the enactment of this Act.

10 TITLE II—FINANCIAL

11 RESPONSIBILITY

12 Subtitle A—Receipt of Certain

13 Government Benefits

14 SEC. 201. INELIGIBILITY OF EXCLUDABLE, DEPORTABLE,

15 AND NONIMMIGRANT ALIENS.

16 (a) PUBLIC ASSISTANCE AND BENEFITS.—

17 (1) IN GENERAL.—Notwithstanding any other

18 provision of law, an ineligible alien (as defined in

19 subsection (f)(2)) shall not be eligible to receive—

20 (A) any benefits under a public assistance

21 program (as defined in subsection (f)(3)), ex22 cept—

23 (i) emergency medical services under

24 title XIX of the Social Security Act,
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1 (ii) subject to paragraph (4), prenatal

2 and postpartum services under title XIX of

3 the Social Security Act,

4 (iii) short-term emergency disaster re5 lief,

6 (iv) assistance or benefits under the

7 National School Lunch Act,

8 (v) assistance or benefits under the

9 Child Nutrition Act of 1966,

10 (vi) public health assistance for immu11 nizations and, if the Secretary of Health

12 and Human Services determines that it is

13 necessary to prevent the spread of a seri14 ous communicable disease, for testing and

15 treatment for such diseases, and

16 (vii) such other service or assistance

17 (such as soup kitchens, crisis counseling,

18 intervention (including intervention for do19 mestic violence), and short-term shelter) as

20 the Attorney General specifies, in the At21 torney General’s sole and unreviewable dis22 cretion, after consultation with the heads

23 of appropriate Federal agencies, if—

24 (I) such service or assistance is

25 delivered at the community level, in-
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1 cluding through public or private non2 profit agencies;

3 (II) such service or assistance is

4 necessary for the protection of life,

5 safety, or public health; and

6 (III) such service or assistance or

7 the amount or cost of such service or

8 assistance is not conditioned on the

9 recipient’s income or resources; or

10 (B) any grant, contract, loan, professional

11 license, or commercial license provided or fund12 ed by any agency of the United States or any

13 State or local government entity, except, with

14 respect to a nonimmigrant authorized to work

15 in the United States, any professional or com16 mercial license required to engage in such work,

17 if the nonimmigrant is otherwise qualified for

18 such license.

19 (2) BENEFITS OF RESIDENCE.—Notwithstand20 ing any other provision of law, no State or local gov21 ernment entity shall consider any ineligible alien as

22 a resident when to do so would place such alien in

23 a more favorable position, regarding access to, or

24 the cost of, any benefit or government service, than
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1 a United States citizen who is not regarded as such

2 a resident.

3 (3) NOTIFICATION OF ALIENS.—

4 (A) IN GENERAL.—The agency administer5 ing a program referred to in paragraph (1)(A)

6 or providing benefits referred to in paragraph

7 (1)(B) shall, directly or, in the case of a Fed8 eral agency, through the States, notify individ9 ually or by public notice, all ineligible aliens

10 who are receiving benefits under a program re11 ferred to in paragraph (1)(A), or are receiving

12 benefits referred to in paragraph (1)(B), as the

13 case may be, immediately prior to the date of

14 the enactment of this Act and whose eligibility

15 for the program is terminated by reason of this

16 subsection.

17 (B) FAILURE TO GIVE NOTICE.—Nothing

18 in subparagraph (A) shall be construed to re19 quire or authorize continuation of such eligi20 bility if the notice required by such paragraph

21 is not given.

22 (4) LIMITATION ON PREGNANCY SERVICES FOR

23 UNDOCUMENTED ALIENS.—

24 (A) 3-YEAR CONTINUOUS RESIDENCE.—An

25 ineligible alien may not receive the services de-
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1 scribed in paragraph (1)(A)(ii) unless such

2 alien can establish proof of continuous residence

3 in the United States for not less than 3 years,

4 as determined in accordance with section

5 245a.2(d)(3) of title 8, Code of Federal Regula6 tions as in effect on the day before the date of

7 the enactment of this Act.

8 (B) LIMITATION ON EXPENDITURES.—Not

9 more than $120,000,000 in outlays may be ex10 pended under title XIX of the Social Security

11 Act for reimbursement of services described in

12 paragraph (1)(A)(ii) that are provided to indi13 viduals described in subparagraph (A).

14 (C) CONTINUED SERVICES BY CURRENT

15 STATES.—States that have provided services de16 scribed in paragraph (1)(A)(ii) for a period of

17 3 years before the date of the enactment of this

18 Act shall continue to provide such services and

19 shall be reimbursed by the Federal Government

20 for the costs incurred in providing such serv21 ices. States that have not provided such services

22 before the date of the enactment of this Act,

23 but elect to provide such services after such

24 date, shall be reimbursed for the costs incurred

25 in providing such services. In no case shall
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1 States be required to provide services in excess

2 of the amounts provided in subparagraph (B).

3 (b) UNEMPLOYMENT BENEFITS.—Notwithstanding

4 any other provision of law, only eligible aliens who have

5 been granted employment authorization pursuant to Fed6 eral law, and United States citizens or nationals, may re7 ceive unemployment benefits payable out of Federal funds,

8 and such eligible aliens may receive only the portion of

9 such benefits which is attributable to the authorized em10 ployment.

11 (c) SOCIAL SECURITY BENEFITS.—

12 (1) IN GENERAL.—Notwithstanding any other

13 provision of law, only eligible aliens who have been

14 granted employment authorization pursuant to Fed15 eral law and United States citizen or nationals may

16 receive any benefit under title II of the Social Secu17 rity Act, and such eligible aliens may receive only

18 the portion of such benefits which is attributable to

19 the authorized employment.

20 (2) NO REFUND OR REIMBURSEMENT.—Not21 withstanding any other provision of law, no tax or

22 other contribution required pursuant to the Social

23 Security Act (other than by an eligible alien who has

24 been granted employment authorization pursuant to
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1 Federal law, or by an employer of such alien) shall

2 be refunded or reimbursed, in whole or in part.

3 (d) HOUSING ASSISTANCE PROGRAMS.—Not later

4 than 90 days after the date of the enactment of this Act,

5 the Secretary of Housing and Urban Development shall

6 submit a report to the Committee on the Judiciary and

7 the Committee on Banking, Housing, and Urban Affairs

8 of the Senate, and the Committee on the Judiciary and

9 the Committee on Banking and Financial Services of the

10 House of Representatives, describing the manner in which

11 the Secretary is enforcing section 214 of the Housing and

12 Community Development Act of 1980 (Public Law 96–

13 399; 94 Stat. 1637) and containing statistics with respect

14 to the number of individuals denied financial assistance

15 under such section.

16 (e) NONPROFIT, CHARITABLE ORGANIZATIONS.—

17 (1) IN GENERAL.—Nothing in this Act shall be

18 construed as requiring a nonprofit charitable organi19 zation operating any program of assistance provided

20 or funded, in whole or in part, by the Federal Gov21 ernment to—

22 (A) determine, verify, or otherwise require

23 proof of the eligibility, as determined under this

24 title, of any applicant for benefits or assistance

25 under such program; or
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1 (B) deem that the income or assets of any

2 applicant for benefits or assistance under such

3 program include the income or assets described

4 in section 204(b).

5 (2) NO EFFECT ON FEDERAL AUTHORITY TO

6 DETERMINE COMPLIANCE.—Nothing in this sub7 section shall be construed as prohibiting the Federal

8 Government from determining the eligibility, under

9 this section or section 204, of any individual for ben10 efits under a public assistance program (as defined

11 in subsection (f)(3)) or for government benefits (as

12 defined in subsection (f)(4)).

13 (f) DEFINITIONS.—For the purposes of this section—

14 (1) ELIGIBLE ALIEN.—The term ‘‘eligible

15 alien’’ means an individual who is—

16 (A) an alien lawfully admitted for perma17 nent residence under the Immigration and Na18 tionality Act,

19 (B) an alien granted asylum under section

20 208 of such Act,

21 (C) a refugee admitted under section 207

22 of such Act,

23 (D) an alien whose deportation has been

24 withheld under section 243(h) of such Act, or
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1 (E) an alien paroled into the United States

2 under section 212(d)(5) of such Act for a pe3 riod of at least 1 year.

4 (2) INELIGIBLE ALIEN.—The term ‘‘ineligible

5 alien’’ means an individual who is not—

6 (A) a United States citizen or national; or

7 (B) an eligible alien.

8 (3) PUBLIC ASSISTANCE PROGRAM.—The term

9 ‘‘public assistance program’’ means any program of

10 assistance provided or funded, in whole or in part,

11 by the Federal Government or any State or local

12 government entity, for which eligibility for benefits is

13 based on need.

14 (4) GOVERNMENT BENEFITS.—The term ‘‘gov15 ernment benefits’’ includes—

16 (A) any grant, contract, loan, professional

17 license, or commercial license provided or fund18 ed by any agency of the United States or any

19 State or local government entity, except, with

20 respect to a nonimmigrant authorized to work

21 in the United States, any professional or com22 mercial license required to engage in such work,

23 if the nonimmigrant is otherwise qualified for

24 such license;
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1 (B) unemployment benefits payable out of

2 Federal funds;

3 (C) benefits under title II of the Social Se4 curity Act;

5 (D) financial assistance for purposes of

6 section 214(a) of the Housing and Community

7 Development Act of 1980 (Public Law 96–399;

8 94 Stat. 1637); and

9 (E) benefits based on residence that are

10 prohibited by subsection (a)(2).

11 SEC. 202. DEFINITION OF ‘‘PUBLIC CHARGE’’ FOR PUR12 POSES OF DEPORTATION.

13 (a) IN GENERAL.—Section 241(a)(5) (8 U.S.C.

14 1251(a)(5)) is amended to read as follows:

15 ‘‘(5) PUBLIC CHARGE.—

16 ‘‘(A) IN GENERAL.—Any alien who during

17 the public charge period becomes a public

18 charge, regardless of when the cause for becom19 ing a public charge arises, is deportable.

20 ‘‘(B) EXCEPTIONS.—Subparagraph (A)

21 shall not apply if the alien is a refugee or has

22 been granted asylum, or if the cause of the

23 alien’s becoming a public charge—

24 ‘‘(i) arose after entry (in the case of

25 an alien who entered as an immigrant) or
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1 after adjustment to lawful permanent resi2 dent status (in the case of an alien who en3 tered as a nonimmigrant), and

4 ‘‘(ii) was a physical illness, or physical

5 injury, so serious the alien could not work

6 at any job, or a mental disability that re7 quired continuous hospitalization.

8 ‘‘(C) DEFINITIONS.—

9 ‘‘(i) PUBLIC CHARGE PERIOD.—For

10 purposes of subparagraph (A), the term

11 ‘public charge period’ means the period be12 ginning on the date the alien entered the

13 United States and ending—

14 ‘‘(I) for an alien who entered the

15 United States as an immigrant, 5

16 years after entry, or

17 ‘‘(II) for an alien who entered

18 the United States as a nonimmigrant,

19 5 years after the alien adjusted to

20 permanent resident status.

21 ‘‘(ii) PUBLIC CHARGE.—For purposes

22 of subparagraph (A), the term ‘public

23 charge’ includes any alien who receives

24 benefits under any program described in
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1 subparagraph (D) for an aggregate period

2 of more than 12 months.

3 ‘‘(D) PROGRAMS DESCRIBED.—The pro4 grams described in this subparagraph are the

5 following:

6 ‘‘(i) The aid to families with depend7 ent children program under title IV of the

8 Social Security Act.

9 ‘‘(ii) The medicaid program under

10 title XIX of the Social Security Act.

11 ‘‘(iii) The food stamp program under

12 the Food Stamp Act of 1977.

13 ‘‘(iv) The supplemental security in14 come program under title XVI of the So15 cial Security Act.

16 ‘‘(v) Any State general assistance pro17 gram.

18 ‘‘(vi) Any other program of assistance

19 funded, in whole or in part, by the Federal

20 Government or any State or local govern21 ment entity, for which eligibility for bene22 fits is based on need, except the programs

23 listed as exceptions in clauses (i) through

24 (vi) of section 201(a)(1)(A) of the Immi25 gration Reform Act of 1996.’’.
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1 (b) CONSTRUCTION.—Nothing in subparagraph (B),

2 (C), or (D) of section 241(a)(5) of the Immigration and

3 Nationality Act, as amended by subsection (a), may be

4 construed to affect or apply to any determination of an

5 alien as a public charge made before the date of the enact6 ment of this Act.

7 (c) REVIEW OF STATUS.—

8 (1) IN GENERAL.—In reviewing any application

9 by an alien for benefits under section 216, section

10 245, or chapter 2 of title III of the Immigration and

11 Nationality Act, the Attorney General shall deter12 mine whether or not the applicant is described in

13 section 241(a)(5)(A) of such Act, as so amended.

14 (2) GROUNDS FOR DENIAL.—If the Attorney

15 General determines that an alien is described in sec16 tion 241(a)(5)(A) of the Immigration and National17 ity Act, the Attorney General shall deny such appli18 cation and shall institute deportation proceedings

19 with respect to such alien, unless the Attorney Gen20 eral exercises discretion to withhold or suspend de21 portation pursuant to any other section of such Act.

22 (d) EFFECTIVE DATE.—This section and the amend23 ments made by this section shall apply to aliens who enter

24 the United States on or after the date of the enactment

25 of this Act and to aliens who entered as nonimmigrants
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1 before such date but adjust or apply to adjust their status

2 after such date.

3 SEC. 203. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF

4 SUPPORT.

5 (a) ENFORCEABILITY.—No affidavit of support may

6 be relied upon by the Attorney General or by any consular

7 officer to establish that an alien is not excludable as a

8 public charge under section 212(a)(4) of the Immigration

9 and Nationality Act unless such affidavit is executed as

10 a contract—

11 (1) which is legally enforceable against the

12 sponsor by the sponsored individual, or by the Fed13 eral Government or any State, district, territory, or

14 possession of the United States (or any subdivision

15 of such State, district, territory, or possession of the

16 United States) that provides any benefit described in

17 section 241(a)(5)(D), as amended by section 202(a)

18 of this Act, but not later than 10 years after the

19 sponsored individual last receives any such benefit;

20 (2) in which the sponsor agrees to financially

21 support the sponsored individual, so that he or she

22 will not become a public charge, until the sponsored

23 individual has worked in the United States for 40

24 qualifying quarters or has become a United States

25 citizen, whichever occurs first; and
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1 (3) in which the sponsor agrees to submit to

2 the jurisdiction of any Federal or State court for the

3 purpose of actions brought under subsection (d) or

4 (e).

5 (b) FORMS.—Not later than 90 days after the date

6 of the enactment of this Act, the Secretary of State, the

7 Attorney General, and the Secretary of Health and

8 Human Services shall jointly formulate the affidavit of

9 support described in this section.

10 (c) NOTIFICATION OF CHANGE OF ADDRESS.—

11 (1) GENERAL REQUIREMENT.—The sponsor

12 shall notify the Attorney General and the State, dis13 trict, territory, or possession in which the sponsored

14 individual is currently a resident within 30 days of

15 any change of address of the sponsor during the pe16 riod specified in subsection (a)(1).

17 (2) PENALTY.—Any person subject to the re18 quirement of paragraph (1) who fails to satisfy such

19 requirement shall, after notice and opportunity to be

20 heard, be subject to a civil penalty of—

21 (A) not less than $250 or more than

22 $2,000, or

23 (B) if such failure occurs with knowledge

24 that the sponsored individual has received any

25 benefit described in section 241(a)(5)(D) of the
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1 Immigration and Nationality Act, as amended

2 by section 202(a) of this Act, not less than

3 $2,000 or more than $5,000.

4 (d) REIMBURSEMENT OF GOVERNMENT EX5 PENSES.—

6 (1) IN GENERAL.—

7 (A) REQUEST FOR REIMBURSEMENT.—

8 Upon notification that a sponsored individual

9 has received any benefit described in section

10 241(a)(5)(D) of the Immigration and National11 ity Act, as amended by section 202(a) of this

12 Act, the appropriate Federal, State, or local of13 ficial shall request reimbursement from the

14 sponsor for the amount of such assistance.

15 (B) REGULATIONS.—The Commissioner of

16 Social Security shall prescribe such regulations

17 as may be necessary to carry out subparagraph

18 (A). Such regulations shall provide that notifi19 cation be sent to the sponsor’s last known ad20 dress by certified mail.

21 (2) ACTION AGAINST SPONSOR.—If within 45

22 days after requesting reimbursement, the appro23 priate Federal, State, or local agency has not re24 ceived a response from the sponsor indicating a will25 ingness to make payments, an action may be
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1 brought against the sponsor pursuant to the affida2 vit of support.

3 (3) FAILURE TO MEET REPAYMENT TERMS.—If

4 the sponsor agrees to make payments, but fails to

5 abide by the repayment terms established by the

6 agency, the agency may, within 60 days of such fail7 ure, bring an action against the sponsor pursuant to

8 the affidavit of support.

9 (e) JURISDICTION.—

10 (1) IN GENERAL.—An action to enforce an affi11 davit of support executed under subsection (a) may

12 be brought against the sponsor in any Federal or

13 State court—

14 (A) by a sponsored individual, with respect

15 to financial support; or

16 (B) by a Federal, State, or local agency,

17 with respect to reimbursement.

18 (2) COURT MAY NOT DECLINE TO HEAR

19 CASE.—For purposes of this section, no Federal or

20 State court shall decline for lack of subject matter

21 or personal jurisdiction to hear any action brought

22 against a sponsor under paragraph (1) if—

23 (A) the sponsored individual is a resident

24 of the State in which the court is located, or re-
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1 ceived public assistance while residing in the

2 State; and

3 (B) such sponsor has received service of

4 process in accordance with applicable law.

5 (f) DEFINITIONS.—For purposes of this section—

6 (1) SPONSOR.—The term ‘‘sponsor’’ means an

7 individual who—

8 (A) is a United States citizen or national

9 or an alien who is lawfully admitted to the

10 United States for permanent residence;

11 (B) is at least 18 years of age;

12 (C) is domiciled in any of the several

13 States of the United States, the District of Co14 lumbia, or any territory or possession of the

15 United States; and

16 (D) demonstrates the means to maintain

17 an annual income equal to at least 125 percent

18 of the Federal poverty line for the individual

19 and the individual’s family (including the spon20 sored alien and any other alien sponsored by

21 the individual), through evidence that includes

22 a copy of the individual’s Federal income tax

23 return for the 3 most recent taxable years

24 (which returns need show such level of annual

25 income only in the most recent taxable year)
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1 and a written statement, executed under oath

2 or as permitted under penalty of perjury under

3 section 1746 of title 28, United States Code,

4 that the copies are true copies of such returns.

5 In the case of an individual who is on active duty

6 (other than active duty for training) in the Armed

7 Forces of the United States, subparagraph (D) shall

8 be applied by substituting ‘‘100 percent’’ for ‘‘125

9 percent’’.

10 (2) FEDERAL POVERTY LINE.—The term ‘‘Fed11 eral poverty line’’ means the level of income equal to

12 the official poverty line (as defined by the Director

13 of the Office of Management and Budget, as revised

14 annually by the Secretary of Health and Human

15 Services, in accordance with section 673(2) of the

16 Omnibus Budget Reconciliation Act of 1981 (42

17 U.S.C. 9902)) that is applicable to a family of the

18 size involved.

19 (3) QUALIFYING QUARTER.—The term ‘‘qualify20 ing quarter’’ means a three-month period in which

21 the sponsored individual has—

22 (A) earned at least the minimum necessary

23 for the period to count as one of the 40 quar24 ters required to qualify for social security re25 tirement benefits;
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1 (B) not received need-based public assist2 ance; and

3 (C) had income tax liability for the tax

4 year of which the period was part.

5 SEC. 204. ATTRIBUTION OF SPONSOR’S INCOME AND RE6 SOURCES TO FAMILY-SPONSORED IMMI7 GRANTS.

8 (a) DEEMING REQUIREMENT FOR FEDERAL AND

9 FEDERALLY FUNDED PROGRAMS.—Subject to subsection

10 (d), for purposes of determining the eligibility of an alien

11 for benefits, and the amount of benefits, under any public

12 assistance program (as defined in section 201(f)(3)), the

13 income and resources described in subsection (b) shall,

14 notwithstanding any other provision of law, be deemed to

15 be the income and resources of such alien.

16 (b) DEEMED INCOME AND RESOURCES.—The income

17 and resources described in this subsection include the in18 come and resources of—

19 (1) any person who, as a sponsor of an alien’s

20 entry into the United States, or in order to enable

21 an alien lawfully to remain in the United States, ex22 ecuted an affidavit of support or similar agreement

23 with respect to such alien, and

24 (2) the sponsor’s spouse.
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1 (c) LENGTH OF DEEMING PERIOD.—The require2 ment of subsection (a) shall apply for the period for which

3 the sponsor has agreed, in such affidavit or agreement,

4 to provide support for such alien, or for a period of 5 years

5 beginning on the day such alien was first lawfully in the

6 United States after the execution of such affidavit or

7 agreement, whichever period is longer.

8 (d) EXCEPTIONS.—

9 (1) INDIGENCE.—

10 (A) IN GENERAL.—If a determination de11 scribed in subparagraph (B) is made, the

12 amount of income and resources of the sponsor

13 or the sponsor’s spouse which shall be attrib14 uted to the sponsored alien shall not exceed the

15 amount actually provided for a period—

16 (i) beginning on the date of such de17 termination and ending 12 months after

18 such date, or

19 (ii) if the address of the sponsor is

20 unknown to the sponsored alien, beginning

21 on the date of such determination and end22 ing on the date that is 12 months after the

23 address of the sponsor becomes known to

24 the sponsored alien or to the agency (which
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1 shall inform such alien of the address with2 in 7 days).

3 (B) DETERMINATION DESCRIBED.—A de4 termination described in this subparagraph is a

5 determination by an agency that a sponsored

6 alien would, in the absence of the assistance

7 provided by the agency, be unable to obtain

8 food and shelter, taking into account the alien’s

9 own income, plus any cash, food, housing, or

10 other assistance provided by other individuals,

11 including the sponsor.

12 (2) EDUCATION ASSISTANCE.—

13 (A) IN GENERAL.—The requirements of

14 subsection (a) shall not apply with respect to

15 sponsored aliens who have received, or have

16 been approved to receive, student assistance

17 under title IV, V, IX, or X of the Higher Edu18 cation Act of 1965 in an academic year which

19 ends or begins in the calendar year in which

20 this Act is enacted.

21 (B) DURATION.—The exception described

22 in subparagraph (A) shall apply only for the pe23 riod normally required to complete the course of

24 study for which the sponsored alien receives as25 sistance described in that subparagraph.
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1 (3) CERTAIN SERVICES AND ASSISTANCE.—The

2 requirements of subsection (a) shall not apply to any

3 service or assistance described in section

4 201(a)(1)(A)(vii).

5 (e) DEEMING AUTHORITY TO STATE AND LOCAL

6 AGENCIES.—

7 (1) IN GENERAL.—Notwithstanding any other

8 provision of law, but subject to exceptions equivalent

9 to the exceptions described in subsection (d), the

10 State or local government may, for purposes of de11 termining the eligibility of an alien for benefits, and

12 the amount of benefits, under any State or local pro13 gram of assistance for which eligibility is based on

14 need, or any need-based program of assistance ad15 ministered by a State or local government (other

16 than a program of assistance provided or funded, in

17 whole or in part, by the Federal Government), re18 quire that the income and resources described in

19 subsection (b) be deemed to be the income and re20 sources of such alien.

21 (2) LENGTH OF DEEMING PERIOD.—Subject to

22 exceptions equivalent to the exceptions described in

23 subsection (d), a State or local government may im24 pose the requirement described in paragraph (1) for

25 the period for which the sponsor has agreed, in such
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1 affidavit or agreement, to provide support for such

2 alien, or for a period of 5 years beginning on the day

3 such alien was first lawfully in the United States

4 after the execution of such affidavit or agreement,

5 whichever period is longer.

6 SEC. 205. VERIFICATION OF STUDENT ELIGIBILITY FOR

7 POSTSECONDARY FEDERAL STUDENT FINAN8 CIAL ASSISTANCE.

9 (a) REPORT REQUIREMENT.—Not later than one

10 year after the date of the enactment of this Act, the Sec11 retary of Education and the Commissioner of Social Secu12 rity shall jointly submit to the Congress a report on the

13 computer matching program of the Department of Edu14 cation under section 484(p) of the Higher Education Act

15 of 1965.

16 (b) REPORT ELEMENTS.—The report shall include

17 the following:

18 (1) An assessment by the Secretary and the

19 Commissioner of the effectiveness of the computer

20 matching program, and a justification for such as21 sessment.

22 (2) The ratio of inaccurate matches under the

23 program to successful matches.

24 (3) Such other information as the Secretary

25 and the Commissioner jointly consider appropriate.
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1 SEC. 206. AUTHORITY OF STATES AND LOCALITIES TO

2 LIMIT ASSISTANCE TO ALIENS AND TO DIS3 TINGUISH AMONG CLASSES OF ALIENS IN

4 PROVIDING GENERAL PUBLIC ASSISTANCE.

5 (a) IN GENERAL.—Subject to subsection (b) and not6 withstanding any other provision of law, a State or local

7 government may prohibit or otherwise limit or restrict the

8 eligibility of aliens or classes of aliens for programs of gen9 eral cash public assistance furnished under the law of the

10 State or a political subdivision of a State.

11 (b) LIMITATION.—The authority provided for under

12 subsection (a) may be exercised only to the extent that

13 any prohibitions, limitations, or restrictions imposed by a

14 State or local government are not more restrictive than

15 the prohibitions, limitations, or restrictions imposed under

16 comparable Federal programs. For purposes of this sec17 tion, attribution to an alien of a sponsor’s income and re18 sources (as described in section 204(b)) for purposes of

19 determining eligibility for, and the amount of, benefits

20 shall be considered less restrictive than a prohibition of

21 eligibility for such benefits.

22 SEC. 207. EARNED INCOME TAX CREDIT DENIED TO INDI23 VIDUALS NOT CITIZENS OR LAWFUL PERMA24 NENT RESIDENTS.

25 (a) IN GENERAL.—
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1 (1) LIMITATION.—Notwithstanding any other

2 provision of law, an individual may not receive an

3 earned income tax credit for any year in which such

4 individual was not, for the entire year, either a Unit5 ed States citizen or national or a lawful permanent

6 resident.

7 (2) IDENTIFICATION NUMBER REQUIRED.—Sec8 tion 32(c)(1) of the Internal Revenue Code of 1986

9 (relating to individuals eligible to claim the earned

10 income tax credit) is amended by adding at the end

11 the following new subparagraph:

12 ‘‘(F) IDENTIFICATION NUMBER REQUIRE13 MENT.—The term ‘eligible individual’ does not

14 include any individual who does not include on

15 the return of tax for the taxable year—

16 ‘‘(i) such individual’s taxpayer identi17 fication number, and

18 ‘‘(ii) if the individual is married (with19 in the meaning of section 7703), the tax20 payer identification number of such indi21 vidual’s spouse.’’.

22 (b) SPECIAL IDENTIFICATION NUMBER.—Section 32

23 of the Internal Revenue Code of 1986 is amended by add24 ing at the end the following new subsection:
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1 ‘‘(k) IDENTIFICATION NUMBERS.—Solely for pur2 poses of subsections (c)(1)(F) and (c)(3)(D), a taxpayer

3 identification number means a social security number is4 sued to an individual by the Social Security Administra5 tion (other than a social security number issued pursuant

6 to clause (II) (or that portion of clause (III) that relates

7 to clause (II)) of section 205(c)(2)(B)(i) of the Social Se8 curity Act).’’.

9 (c) EXTENSION OF PROCEDURES APPLICABLE TO

10 MATHEMATICAL OR CLERICAL ERRORS.—Section

11 6213(g)(2) of the Internal Revenue Code of 1986 (relating

12 to the definition of mathematical or clerical errors) is

13 amended—

14 (1) by striking ‘‘and’’ at the end of subpara15 graph (D),

16 (2) by striking the period at the end of sub17 paragraph (E) and inserting ‘‘, and’’, and

18 (3) by inserting after subparagraph (E) the fol19 lowing new subparagraph:

20 ‘‘(F) an unintended omission of a correct

21 taxpayer identification number required under

22 section 32 (relating to the earned income tax

23 credit) to be included on a return.’’.
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1 (d) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to taxable years beginning after

3 December 31, 1995.

4 SEC. 208. INCREASED MAXIMUM CRIMINAL PENALTIES FOR

5 FORGING OR COUNTERFEITING SEAL OF A

6 FEDERAL DEPARTMENT OR AGENCY TO FA7 CILITATE BENEFIT FRAUD BY AN UNLAWFUL

8 ALIEN.

9 Section 506 of title 18, United States Code, is

10 amended to read as follows:

11 ‘‘§ 506. Seals of departments or agencies

12 ‘‘(a) Whoever—

13 ‘‘(1) falsely makes, forges, counterfeits, muti14 lates, or alters the seal of any department or agency

15 of the United States, or any facsimile thereof;

16 ‘‘(2) knowingly uses, affixes, or impresses any

17 such fraudulently made, forged, counterfeited, muti18 lated, or altered seal or facsimile thereof to or upon

19 any certificate, instrument, commission, document,

20 or paper of any description; or

21 ‘‘(3) with fraudulent intent, possesses, sells, of22 fers for sale, furnishes, offers to furnish, gives away,

23 offers to give away, transports, offers to transport,

24 imports, or offers to import any such seal or fac25 simile thereof, knowing the same to have been so
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1 falsely made, forged, counterfeited, mutilated, or al2 tered,

3 shall be fined under this title, or imprisoned not more than

4 5 years, or both.

5 ‘‘(b) Notwithstanding subsection (a) or any other

6 provision of law, if a forged, counterfeited, mutilated, or

7 altered seal of a department or agency of the United

8 States, or any facsimile thereof, is—

9 ‘‘(1) so forged, counterfeited, mutilated, or al10 tered;

11 ‘‘(2) used, affixed, or impressed to or upon any

12 certificate, instrument, commission, document, or

13 paper of any description; or

14 ‘‘(3) with fraudulent intent, possessed, sold, of15 fered for sale, furnished, offered to furnish, given

16 away, offered to give away, transported, offered to

17 transport, imported, or offered to import,

18 with the intent or effect of facilitating an unlawful alien’s

19 application for, or receipt of, a Federal benefit, the pen20 alties which may be imposed for each offense under sub21 section (a) shall be two times the maximum fine, and 3

22 times the maximum term of imprisonment, or both, that

23 would otherwise be imposed for an offense under sub24 section (a).

25 ‘‘(c) For purposes of this section—
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1 ‘‘(1) the term ‘Federal benefit’ means—

2 ‘‘(A) the issuance of any grant, contract,

3 loan, professional license, or commercial license

4 provided by any agency of the United States or

5 by appropriated funds of the United States; and

6 ‘‘(B) any retirement, welfare, Social Secu7 rity, health (including treatment of an emer8 gency medical condition in accordance with sec9 tion 1903(v) of the Social Security Act (19

10 U.S.C. 1396b(v))), disability, veterans, public

11 housing, education, food stamps, or unemploy12 ment benefit, or any similar benefit for which

13 payments or assistance are provided by an

14 agency of the United States or by appropriated

15 funds of the United States;

16 ‘‘(2) the term ‘unlawful alien’ means an individ17 ual who is not—

18 ‘‘(A) a United States citizen or national;

19 ‘‘(B) an alien lawfully admitted for perma20 nent residence under the Immigration and Na21 tionality Act;

22 ‘‘(C) an alien granted asylum under sec23 tion 208 of such Act;

24 ‘‘(D) a refugee admitted under section 207

25 of such Act;
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1 ‘‘(E) an alien whose deportation has been

2 withheld under section 243(h) of such Act; or

3 ‘‘(F) an alien paroled into the United

4 States under section 215(d)(5) of such Act for

5 a period of at least 1 year; and

6 ‘‘(3) each instance of forgery, counterfeiting,

7 mutilation, or alteration shall constitute a separate

8 offense under this section.’’.

9 SEC. 209. STATE OPTION UNDER THE MEDICAID PROGRAM

10 TO PLACE ANTI-FRAUD INVESTIGATORS IN

11 HOSPITALS.

12 (a) IN GENERAL.—Section 1902(a) of the Social Se13 curity Act (42 U.S.C. 1396a(a)) is amended—

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

15 (61);

16 (2) by striking the period at the end of para17 graph (62) and inserting ‘‘; and’’; and

18 (3) by adding after paragraph (62) the follow19 ing new paragraph:

20 ‘‘(63) in the case of a State that is certified by

21 the Attorney General as a high illegal immigration

22 State (as determined by the Attorney General), at

23 the election of the State, establish and operate a

24 program for the placement of anti-fraud investiga25 tors in State, county, and private hospitals located
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1 in the State to verify the immigration status and in2 come eligibility of applicants for medical assistance

3 under the State plan prior to the furnishing of medi4 cal assistance.’’.

5 (b) PAYMENT.—Section 1903 of the Social Security

6 Act (42 U.S.C. 1396b) is amended—

7 (1) by striking ‘‘plus’’ at the end of paragraph

8 (6);

9 (2) by striking the period at the end of para10 graph (7) and inserting ‘‘; plus’’; and

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

12 paragraph:

13 ‘‘(8) an amount equal to the Federal medical

14 assistance percentage (as defined in section 1905(b))

15 of the total amount expended during such quarter

16 which is attributable to operating a program under

17 section 1902(a)(63).’’.

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

19 subsections (a) and (b) shall take effect on the first day

20 of the first calendar quarter beginning after the date of

21 the enactment of this Act.

22 SEC. 210. COMPUTATION OF TARGETED ASSISTANCE.

23 Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is amended

24 by adding at the end the following new subparagraph:
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1 ‘‘(C) Except for the Targeted Assistance Ten Percent

2 Discretionary Program, all grants made available under

3 this paragraph for a fiscal year shall be allocated by the

4 Office of Refugee Resettlement in a manner that ensures

5 that each qualifying county receives the same amount of

6 assistance for each refugee and entrant residing in the

7 county as of the beginning of the fiscal year who arrived

8 in the United States not earlier than 60 months before

9 the beginning of such fiscal year.’’.

10 Subtitle B—Miscellaneous

11 Provisions

12 SEC. 211. REIMBURSEMENT OF STATES AND LOCALITIES

13 FOR EMERGENCY MEDICAL ASSISTANCE FOR

14 CERTAIN ILLEGAL ALIENS.

15 (a) REIMBURSEMENT.—The Attorney General shall,

16 subject to the availability of appropriations, fully reim17 burse the States and political subdivisions of the States

18 for costs incurred by the States and political subdivisions

19 for emergency ambulance service provided to any alien

20 who—

21 (1) entered the United States without inspec22 tion or at any time or place other than as designated

23 by the Attorney General;
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1 (2) is under the custody of a State or a political

2 subdivision of a State as a result of transfer or other

3 action by Federal authorities; and

4 (3) is being treated for an injury suffered while

5 crossing the international border between the United

6 States and Mexico or between the United States and

7 Canada.

8 (b) STATUTORY CONSTRUCTION.—Nothing in this

9 section requires that the alien be arrested by Federal au10 thorities before entering into the custody of the State or

11 political subdivision.

12 (c) AUTHORIZATION OF APPROPRIATIONS.—

13 (1) AUTHORIZATION OF APPROPRIATIONS.—

14 There are authorized to be appropriated to the At15 torney General such sums as may be necessary to

16 carry out the provisions of this section.

17 (2) STATUTORY CONSTRUCTION.—Nothing in

18 this Act may be construed to prevent the Attorney

19 General from seeking reimbursement from an alien

20 described in subsection (a) for the costs of the emer21 gency medical services provided to the alien.

22 SEC. 212. TREATMENT OF EXPENSES SUBJECT TO EMER23 GENCY MEDICAL SERVICES EXCEPTION.

24 (a) IN GENERAL.—Subject to such amounts as are

25 provided in advance in appropriation Acts, each State or
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1 local government that provides emergency medical services

2 through a public hospital, other public facility, or other

3 facility (including a hospital that is eligible for an addi4 tional payment adjustment under section 1886(d)(5)(F)

5 or section 1923 of the Social Security Act), or through

6 contract with another hospital or facility, to an individual

7 who is an alien not lawfully present in the United States,

8 is entitled to receive payment from the Federal Govern9 ment for its costs of providing such services, but only to

10 the extent that the costs of the State or local government

11 are not fully reimbursed through any other Federal pro12 gram and cannot be recovered from the alien or other en13 tity.

14 (b) CONFIRMATION OF IMMIGRATION STATUS.—No

15 payment shall be made under this section with respect to

16 services furnished to aliens described in subsection (a) un17 less the State or local government establishes that it has

18 provided services to such aliens in accordance with proce19 dures established by the Secretary of Health and Human

20 Services, after consultation with the Attorney General and

21 State and local officials.

22 (c) ADMINISTRATION.—This section shall be adminis23 tered by the Attorney General, in consultation with the

24 Secretary of Health and Human Services.
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1 (d) EFFECTIVE DATE.—This section shall not apply

2 to emergency medical services furnished before October 1,

3 1995.

4 SEC. 213. PILOT PROGRAMS.

5 (a) ADDITIONAL COMMUTER BORDER CROSSING

6 FEES PILOT PROJECTS.—In addition to the land border

7 fee pilot projects extended by the fourth proviso under the

8 heading ‘‘ Immigration and Naturalization Service, Sala9 ries and Expenses’’ of Public Law 103–121, the Attorney

10 General may establish another such pilot project on the

11 northern land border and another such pilot project on

12 the southern land border of the United States.

13 (b) AUTOMATED PERMIT PILOT PROJECTS.—The

14 Attorney General and the Commissioner of Customs are

15 authorized to conduct pilot projects to demonstrate—

16 (1) the feasibility of expanding port of entry

17 hours at designated ports of entry on the United

18 States-Canada border; or

19 (2) the use of designated ports of entry after

20 working hours through the use of card reading ma21 chines or other appropriate technology.

22 Subtitle C—Effective Dates

23 SEC. 221. EFFECTIVE DATES.

24 (a) IN GENERAL.—Except as provided in subsection

25 (b) or as otherwise provided in this title, this title and
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1 the amendments made by this title shall take effect on

2 the date of the enactment of this Act.

3 (b) BENEFITS.—The provisions of section 201 and

4 204 shall apply to benefits and to applications for benefits

5 received on or after the date of the enactment of this Act.