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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 269 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 269

 To amend the Immigration and Nationality Act to increase control over 
   immigration to the United States by increasing border patrol and 
investigator personnel; improving the verification system for employer 
 sanctions; increasing penalties for alien smuggling and for document 
fraud; reforming asylum, exclusion, and deportation law and procedures; 
  instituting a land border user fee; and to reduce use of welfare by 
                                aliens.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             January 24 (legislative day, January 10), 1995

  Mr. Dole (for Mr. Simpson) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend the Immigration and Nationality Act to increase control over 
   immigration to the United States by increasing border patrol and 
investigator personnel; improving the verification system for employer 
 sanctions; increasing penalties for alien smuggling and for document 
fraud; reforming asylum, exclusion, and deportation law and procedures; 
  instituting a land border user fee; and to reduce use of welfare by 
                                aliens.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigrant Control and Financial 
Responsibility Act of 1995''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                       TITLE I--IMMIGRANT CONTROL

                      Subtitle A--Law Enforcement

                Part 1--Additional Enforcement Personnel

Sec. 101. Border Patrol agents.
Sec. 102. Investigators.
  Part 2--System To Verify Eligibility To Work and To Receive Public 
                               Assistance

Sec. 111. Establishment of new verification system.
Sec. 112. Demonstration projects.
Sec. 113. Database for verifying employment and public assistance 
                            eligibility.
                        Part 3--Alien Smuggling

Sec. 121. Wiretap authority for investigations of alien smuggling.
Sec. 122. Adding offenses to RICO relating to alien smuggling or 
                            fraudulent documents.
Sec. 123. Increased criminal penalties for alien smuggling.
Sec. 124. Expanded forfeiture for smuggling or harboring aliens.
   Part 4--Document Fraud, Misrepresentation, and Failure To Present 
                               Documents

Sec. 131. Increased criminal penalties for fraudulent use of 
                            government-issued documents.
Sec. 132. New civil penalties for document fraud.
Sec. 133. New civil penalty for failure to present documents.
Sec. 134. New criminal penalties for failure to disclose role as 
                            preparer of false application for asylum 
                            and for preparing certain post-conviction 
                            applications.
Sec. 135. 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. 136. New exclusion for document fraud and for failure to present 
                            documents.
Sec. 137. Limitation on withholding of deportation and other benefits 
                            for aliens excludable for document fraud or 
                            failing to present documents.
Sec. 138. Definition of ``falsely make any document.''
                   Part 5--Exclusion and Deportation

Sec. 141. Special port-of-entry exclusion procedure for aliens using 
                            documents fraudulently or failing to 
                            present documents, or excludable aliens 
                            apprehended at sea.
Sec. 142. Limited judicial review.
Sec. 143. Reduction of incentive to delay deportation proceedings.
Sec. 144. Civil penalty for failure to depart.
Sec. 145. Authorization of special fund for costs of deportation.
Sec. 146. Reform of deportation proceedings and judicial review.
Sec. 147. Denial of nonimmigrant and immigrant visas for countries 
                            refusing to accept deported aliens.
Sec. 148. Limitation on withholding of deportation for excludable 
                            aliens apprehended at sea.
                         Part 6--Miscellaneous

Sec. 151. Pilot program on interior repatriation of deportable or 
                            excludable aliens.
Sec. 152. Pilot program on use of closed military bases for the 
                            detention of excludable or deportable 
                            aliens.
Sec. 153. Use of legalization and special agricultural worker 
                            information.
Sec. 154. Communication between Federal, State, and local government 
                            agencies, and the Immigration and 
                            Naturalization Service.
                   Subtitle B--Other Control Measures

                        Part 1--Parole Authority

Sec. 161. Useable only on a case-by-case basis for humanitarian reasons 
                            or significant public benefit.
Sec. 162. Inclusion in world-wide level of family-sponsored immigrants.
                      Part 2--Asylum and Refugees

Sec. 171. Limitations on asylum applications by aliens using documents 
                            fraudulently or by excludable aliens 
                            apprehended at sea; use of special 
                            exclusion procedures.
Sec. 172. Limitation on work authorization for asylum applicants.
Sec. 173. Increased resources for reducing asylum application backlogs.
Sec. 174. Requirement of Congressional approval for admission of more 
                            than 50,000 refugees in a fiscal year.
                      Part 3--Cuban Adjustment Act

Sec. 181. Repeal.
                      Subtitle C--Effective Dates

Sec. 191. Effective dates.
                   TITLE II--FINANCIAL RESPONSIBILITY

               Part 1--Receipt of Certain Public Benefits

Sec. 201. Ineligibility of excludable, deportable, and nonimmigrant 
                            aliens.
Sec. 202. Attribution of sponsor's income and resources to family-
                            sponsored immigrants.
Sec. 203. Definition of ``public charge'' for purposes of deportation.
Sec. 204. Requirements for sponsor's affidavit of support.
                      Part 2--Border Crossing Fee

Sec. 211. Imposition of fee; use of collected fees.
Sec. 212. Pilot program.
                        Part 3--Effective Dates

Sec. 221. Effective dates.

                       TITLE I--IMMIGRANT CONTROL

                      Subtitle A--Law Enforcement

                PART 1--ADDITIONAL ENFORCEMENT PERSONNEL

SEC. 101. BORDER PATROL AGENTS.

    There are authorized to be appropriated to the Department of 
Justice such funds as may be necessary to enable the Border Patrol to 
increase the number of its agents and support personnel by 250 for each 
fiscal year beginning with the fiscal year 1995 and ending with the 
fiscal year 2000.

SEC. 102. INVESTIGATORS.

    (a) Authorization.--There are authorized to be appropriated to the 
Department of Justice such funds as may be necessary to enable the 
Commissioner of the Immigration and Naturalization Service in fiscal 
year 1995 to increase the number of investigators and support personnel 
to investigate potential violations of sections 274 and 274A of the 
Immigration and Nationality Act by 100.
    (b) Limitation on Overtime.--None of the funds made available to 
the Immigration and Naturalization Service under this section shall be 
available for administrative expenses to pay any employee overtime pay 
in an amount in excess of $25,000 for any fiscal year.

  PART 2--SYSTEM TO VERIFY ELIGIBILITY TO WORK AND TO RECEIVE PUBLIC 
                               ASSISTANCE

SEC. 111. ESTABLISHMENT OF NEW VERIFICATION SYSTEM.

    (a) In General.--Within eight years of the enactment of this Act, 
the Attorney General, together with the Secretary of Health and Human 
Services, shall develop and implement, subject to subsection (b), a 
system to verify eligibility for employment in the United States, and 
eligibility for benefits under government-funded programs of public 
assistance.
    (b) System Requirements.--No verification system may be implemented 
which does not meet the following requirements:
            (1) The system shall be capable of reliably determining 
        whether--
                    (A) the person with the identity claimed by the 
                individual whose eligibility is being verified is in 
                fact eligible, and
                    (B) the individual whose eligibility is being 
                verified is claiming the identity of another person.
            (2) If the system requires that document be presented to or 
        examined by either an employer or a public assistance 
        administrator, as the case may be, then the document--
                    (A) shall be in a form that is resistant to 
                counterfeiting and to tampering; and
                    (B) shall not be required by any government entity 
                or agency as a national identification card or to be 
                carried or presented except--
                            (i) to verify eligibility for employment in 
                        the United States or eligibility for benefits 
                        under a Government-funded program of public 
                        assistance,
                            (ii) to enforce sections 1001, 1028, 1546, 
                        or 1621 of title 18 of the United States Code, 
                        or
                            (iii) if the document was designed for 
                        another purpose (such as a license to drive a 
                        motor vehicle, a certificate of birth, or a 
                        social security account number card issued by 
                        the Social Security Administration), as 
                        required under law for such other purpose.
            (3) The system shall not be used for law enforcement 
        purposes other than to enforce the Immigration and Nationality 
        Act; sections 1001, 1028, 1542, 1546, or 1621 of title 18 of 
        the United States Code; Federal, State, or local laws 
        pertaining to eligibility Government-funded benefits described 
        in section 201 of this Act; or to enforce laws relating to any 
        document used by the system which was designed for another 
        purpose (such as a license to drive a motor vehicle, a 
        certificate of birth, or a social security account number card 
        issued by the Social Security Administration).
            (4) The privacy and security of personal information and 
        identifiers obtained for and utilized in the system must be 
        protected in accordance with industry standards for privacy and 
        security of confidential information. No personal information 
        obtained from the system may be made available to any person 
        except to the extent necessary to the lawful operation of the 
        system.
            (5) A verification that a person is eligible for employment 
        in the United States, or for benefits under a Government-funded 
        program of public assistance, may not be withheld or revoked 
        under the system for any reason other than the person is 
        ineligible under the applicable law or regulation.
    (c) Employer Sanctions.--An employer shall not be liable for any 
penalty under section 274A of the Immigration and Nationality Act for 
employing an alien, if--
            (1) the alien appeared throughout the term of employment to 
        be prima facie eligible for the employment (under the 
        requirements of section 274A(b) of such Act);
            (2) the employer followed all procedures required in the 
        verification system established in section 111 of this Act; and
            (3) (i) the alien was verified under such system as 
        eligible for the employment; or
            (ii) a secondary verification procedure (as described in 
        section 113(d) of this Act) was conducted with respect to the 
        alien and the employer discharged the alien promptly after 
        receiving notice that the secondary verification procedure had 
        failed to verify that the alien was eligible for the 
        employment.
    (d) Restriction on Use of Documents.--If the Attorney General 
finds, by regulation, that one (or more) of the documents described in 
section 274A(b)(1) of the Immigration and Nationality Act as 
establishing employment authorization or identity does not reliably 
establish the same or is being used fraudulently to an unacceptable 
degree, the Attorney General may prohibit or place conditions on its 
(or their) use for purposes of the verification system established in 
section 274A(b) of the Immigration and Nationality Act or in this 
section.

SEC. 112. DEMONSTRATION PROJECTS.

    (a) In General.--(1) The President, acting through the Attorney 
General, shall begin conducting projects in five States demonstrating 
the feasibility of systems to verify eligibility for employment in the 
United States, and for benefits under Government-funded programs of 
public assistance. Each project shall be consistent with subsection (b) 
of section 111 of this Act and shall be conducted for a period of three 
years in accordance with an agreement entered into with the respective 
State. In determining which five States shall be designated for such 
projects, the Attorney General shall take into account the estimated 
number of excludable aliens and deportable aliens in each State.
            (2) Demonstration projects not using the Database for 
        Verifying Employment and Public Assistance Eligibility 
        established in section 113 of this Act must be started within 
        six months of the date of enactment of this Act.
            (3) Demonstration projects using such Database must be 
        implemented within six months of the establishment of such 
        Database.
    (b) Additional Projects.--(1) The President is authorized to renew 
agreements for demonstration projects, consistent with subsection (b) 
of section 111 of this Act. Each project conducted under such renewal 
agreement shall be completed within three years of the report required 
in subsection (f)(1).
    (2) After the report required in subsection (f)(1), the President 
is authorized to enter into additional agreements for demonstration 
projects, consistent with subsection (b) of section 111 of this Act. 
Each project conducted under such agreement shall be completed within 
three years of such report.
    (c) Nationwide Project.--Effective sixty days after submission of 
the report described in subsection (f)(1), and notwithstanding section 
274A(d)(3) of the Immigration and Nationality Act, the President is 
authorized, subject to subsection (b) of section 401 of this Act, to 
implement one or more of the demonstration projects, in whole or in 
part, singly or in combination, as a nationwide demonstration project, 
to be completed within 3 years of the report required in subsection 
(f)(1).
    (d) Congressional Consultation.--The Attorney General shall consult 
with the Committees on the Judiciary of the House of Representatives 
and the Senate not less than every six months from the date of 
enactment of this Act on the progress made in developing demonstration 
projects under this section.
    (e) Implementation.--In carrying the projects described in 
subsection (a), the President--
            (1) shall support the efforts of Federal and State 
        government agencies in developing (A) tamper and counterfeit-
        resistant documents that may be used in the new verification 
        system, including drivers' licenses or similar documents issued 
        by a State for the purpose of identification, the Social 
        Security account number card issued by the Social Security 
        Administration, and certificates of birth in the United States 
        or establishing United States nationality at birth, and (B) 
        recordkeeping systems that would reduce the fraudulent 
        obtaining of such documents, including a nationwide system to 
        match birth and death records; and
            (2) shall, for one or more of such projects, utilize the 
        Database for Verifying Employment and Public Assistance 
        Eligibility established in section 113 of this Act.
    (f) Reports.--(1) Within thirty-eight months of the commencement of 
the latest-to-begin of the demonstration projects conducted pursuant to 
subsection (a) which utilizes the Database for Verifying Employment and 
Public Assistance Eligibility established in section 113 of this Act, 
the President shall submit a report to Congress--
            (A) describing the verification system the President 
        recommends for permanent nationwide implementation; or
            (B) recommending that certain of the demonstration projects 
        be renewed for up to three years, or that additional projects 
        be established in one or more of the same or additional States 
        for up to three years.
    (2) If any demonstration projects are completed after the report 
required in subsection (f)(1), the President shall submit a report to 
Congress within sixty days of the completion of the last such project, 
describing the verification system the President recommends for 
permanent nationwide implementation.
    (g) Authorization of Appropriation.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 113. DATABASE FOR VERIFYING EMPLOYMENT AND PUBLIC ASSISTANCE 
              ELIGIBILITY.

    (a) Establishment.--(1) Within twelve months of the date of 
enactment of this Act, the Attorney General shall establish the 
Database for Employment Authorization Verification (referred to in this 
section as the ``Database'') containing information from the 
Immigration and Naturalization Service and the Social Security 
Administration necessary to determine the work authorization of 
individuals residing in the United States.
    (2) The Database may be used with demonstration projects carried 
out under section 112 of this Act and with any permanent system to 
verify eligibility for employment in the United States or for benefits 
under any program referred to in section 201 of this Act.
    (b) Limitation on Data Use.--Any personal information contained in 
the Database may not be made available to any Government agency, 
employer, or other person except--
            (1) to determine eligibility for employment in the United 
        States or for benefits under any Government-funded program of 
        public assistance; or
            (2) to enforce the Immigration and Nationality Act or 
        section 1001, 1028, 1542, 1546, or 1621 of title 18, United 
        States Code.
    (c) Office of Employment and Public Assistance Eligibility 
Verification.--(1) There is established within the Department of 
Justice the Office of Employment and Public Assistance Eligibility 
Verification (in this section referred to as the ``Office'') which 
shall be responsible for collecting and integrating the information 
necessary for the Database and for the administration of the Database.
    (2) For the purpose of establishing the Database, the Office shall 
contract, to the extent practicable and subject to the availability of 
appropriations, with computer services specialists having demonstrated 
expertise in establishment of confidential data systems and protection 
of privacy of individuals with respect to whom data is being collected.
    (d) Secondary Verification.--(1) The Administrator of Social 
Security and the Commissioner of Immigration and Naturalization shall 
establish procedures for prompt secondary verification of information 
in the Database when necessary due to inability of the Database to 
verify an individual's eligibility for employment in the United States 
or for benefits under a Government-funded program of public assistance.
    (2) When an individual's assistance is required for the completion 
of such secondary verification, the individual shall be promptly 
notified.
    (e) Data Reliability.--(1) The Administrator of the Office shall 
take all necessary steps to ensure that the information in the Database 
is complete, accurate, verifiable, and revised within a period of ten 
business days after acquisition of new or updated information provided 
by the Immigration and Naturalization Service or the Social Security 
Administration.
    (2) The Administrator of Social Security and the Commissioner of 
Immigration and Naturalization Service shall provide such new or 
updated information to the Office within ten business days after 
acquisition by those agencies.
    (f) Privacy and Civil Liberties Protections.--(1) The privacy and 
security of personal information and identifiers obtained for and 
utilized in the Database must be protected in accordance with industry 
standards for privacy and security of confidential information.
    (2) No personal information collected pursuant to this section may 
be made available to any person except to the extent necessary--
            (i) to establish or operate the verification system 
        established in section 111 of this Act or section 274A(b) of 
        the Immigration and Nationality Act,
            (ii) to administer the Social Security Act, or
            (iii) to enforce the Immigration and Nationality Act or 
        section 1001, 1028, 1542, 1546, or 1621 of title 18 of the 
        Untied States Code.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
    (h) Certification and Reports.--(1) The Attorney General shall 
certify to the Congress when the Database is established and shall 
cause such certification to be published in the Federal Register with a 
sixty-day public comment period.
    (2) Not later than three months after the date of the certification 
under paragraph (1), the Comptroller General of the United States shall 
submit a report to Congress on the reliability of the Database.
    (3) Not later than six months after the implementation of the 
Database the Attorney General and the Secretary of Health and Human 
Services shall report to the committees on the Judiciary of the House 
of Representatives and the Senate on the feasibility and desirability 
of utilizing the Database for the purposes set forth in section 121(a) 
of the Immigration Reform and Control Act of 1986.

                        PART 3--ALIEN SMUGGLING

SEC. 121. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN SMUGGLING.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) in paragraph (c), by inserting after ``trains)'' the 
        following: ``, or a felony violation of section 1028 (relating 
        to production of false identification documentation), section 
        1542 (relating to false statements in passport applications), 
        section 1546 (relating to fraud and misuse of visas, permits, 
        and other documents)'';
            (2) by striking ``or'' after paragraph (l);
            (3) by redesignating paragraphs (m), (n), and (o) as 
        paragraphs (n), (o), and (p), respectively; and
            (4) by inserting after paragraph (1) the following new 
        paragraph:
    ``(m) a violation of section 274, 277, or 278 of the Immigration 
and Nationality Act (relating to the smuggling of aliens);''.

SEC. 122. ADDING OFFENSES TO RICO RELATING TO ALIEN SMUGGLING OR 
              FRAUDULENT DOCUMENTS.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' after ``law of the United States,'';
            (2) by inserting ``or'' at the end of clause (E); and
            (3) by adding at the end the following:
                    ``(F) any act in violation of section 1028, 1542, 
                or 1546 of this title for personal financial gain and 
                section 274, 277, or 278 of the Immigration and 
                Nationality Act.''.

SEC. 123. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

    (a) In General.--Section 274(a) of the Immigration and Nationality 
Act (8 U.S.C. 1324(a)) is amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``or'' at the end of clause (iii);
                    (B) by striking the comma at the end of clause (iv) 
                and inserting ``; or''; and
                    (C) by adding at the end the following new clause:
                            ``(v)(I) engages in any conspiracy to 
                        commit any of the preceding acts, or
                            ``(II) aids or abets the commission of any 
                        of the preceding acts,'';
            (2) in paragraph (1)(B)--
                    (A) in clause (i), by inserting ``or (v)(I)'' after 
                ``(A)(i)'';
                    (B) in clause (ii), by striking ``or (iv)'' and 
                inserting ``(iv), or (v)(II)'';
                    (C) in clause (iii), by striking ``or (iv)'' and 
                inserting ``(iv), or (v)''; and
                    (D) in clause (iv), by striking ``or (iv)'' and 
                inserting ``(iv), or (v)''; and
            (3) by adding at the end the following new paragraph:
            ``(3) Any person who hires for employment an alien--
                    ``(A) knowing that such alien is an unauthorized 
                alien (as defined in section 274A(h)(3)), and
                    ``(B) knowing that such alien has been brought into 
                the United States in violation of this subsection, 
                shall be fined under title 18, United States Code, and 
                shall be imprisoned for not less than 2 years or more 
                than 5 years.''.
    (b) Smuggling of Aliens Who Will Commit Crimes.--Section 274(a)(2) 
of the Immigration and Nationality Act (8 U.S.C. 1324(a)(2)) is 
amended--
            (1) in subparagraph (B)--
                    (A) by striking ``or'' at the end of clause (ii);
                    (B) by redesignating clause (iii) as clause (iv); 
                and
                    (C) by inserting after clause (ii) the following:
                            ``(iii) an offense committed with the 
                        intent or with reason to believe that the alien 
                        unlawfully brought into the United States will 
                        commit an offense against the United States or 
                        any State punishable by imprisonment for more 
                        than 1 year,''; and
            (2) at the end thereof, by striking ``be fined'' and all 
        that follows through the period and inserting the following: 
        ``be fined under title 18, United States Code, and shall be 
        imprisoned not less than 3 years or more than 10 years.''.

SEC. 124. EXPANDED FORFEITURE FOR SMUGGLING OR HARBORING ALIENS.

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

   PART 4--DOCUMENT FRAUD, MISREPRESENTATION, AND FAILURE TO PRESENT 
                               DOCUMENTS

SEC. 131. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF 
              GOVERNMENT-ISSUED DOCUMENTS.

    (a) Fraud and Misuse of Government-Issued Identification 
Documents.--Section 1028(b)(1) of title 18, United States Code, is 
amended by striking ``five years'' and inserting ``10 years''.
    (b) Changes to the Sentencing Levels.--Pursuant to section 944 of 
title 28, United States Code, and section 21 of the Sentencing Act of 
1987, the United States Sentencing Commission shall promulgate 
guidelines, or amend existing guidelines, relating to defendants 
convicted of violating, or conspiring to violate, sections 1546(a) and 
1028(a) of title 18, United States Code. The basic offense level under 
section 2L2.1 of the United States Sentencing Guidelines shall be 
increased to--
            (1) not less than offense level 15 if the offense involved 
        100 or more documents;
            (2) not less than offense level 20 if the offense involved 
        1,000 or more documents, or if the documents were used to 
        facilitate any other criminal activity described in section 
        212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(A)(i)(II)) or in section 101(a)(43) of such Act, 
        as amended by this Act; and
            (3) not less than offense level 25 if the offense 
        involved--
                    (A) the provision of documents to a person known or 
                suspected of engaging in a terrorist activity (as such 
                terms are defined in section 212(a)(3)(B) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B));
                    (B) the provision of documents to facilitate a 
                terrorist activity or to assist a person to engage in 
                terrorist activity (as such terms are defined in 
                section 212(a)(3)(B) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(a)(3)(B)); or
                    (C) the provision of documents to persons involved 
                in racketeering enterprises (as such acts or activities 
                are defined in section 1952 of title 18, United States 
                Code).

SEC. 132. NEW CIVIL PENALTIES FOR DOCUMENT FRAUD.

    (a) Activities Prohibited.--Section 274C(a) of the Immigration and 
Nationality Act (8 U.S.C. 1324c(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (3);
            (2) by striking the period and inserting ``, or'' at the 
        end of paragraph (4); and
            (3) by adding at the end the following new paragraph:
            ``(5) in reckless disregard of the fact that the 
        information is false or does not relate to the applicant, to 
        prepare, to file, or to assist another in preparing or filing, 
        documents which are falsely made (including but not limited to 
        documents which contain false information, contain material 
        misrepresentations, or information which does not relate to the 
        applicant) for the purpose of satisfying a requirement of this 
        Act.''.
    (b) Conforming Amendments for Civil Penalties.--Section 274C(d)(3) 
of the Immigration and Nationality Act (8 U.S.C. 1324c(d)(3)) is 
amended by striking ``each document used, accepted, or created and each 
instance of use, acceptance, or creation'' each of the two places it 
appears and inserting ``each instance of a violation under subsection 
(a)''.

SEC. 133. NEW CIVIL PENALTY FOR FAILURE TO PRESENT DOCUMENTS.

    Section 274C(a) (8 U.S.C. 1324c(a)), as amended by section 132 of 
this Act, is further amended--
            (1) by striking ``or'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(6) to present before boarding a common carrier for the 
        purpose of coming to the United States a document which relates 
        to the alien's eligibility to enter the United States and to 
        fail to present such document to an immigration officer upon 
        arrival at a United States port of entry.
The Attorney General may, in his or her discretion, waive the penalties 
of this section with respect to an alien who knowingly violates 
paragraph (6) if the alien is granted asylum under section 208 or 
withholding of deportation under section 243(h).''.

SEC. 134. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE AS 
              PREPARER OF FALSE APPLICATION FOR ASYLUM AND FOR 
              PREPARING CERTAIN POST-CONVICTION APPLICATIONS.

    Section 274C of the Immigration and Nationality Act (8 U.S.C. 
1324c) is amended by adding at the end the following new subsection:
    ``(e) Criminal Penalties for Failure To Disclose Role as Document 
Preparer.--(1) Whoever, in any matter within the jurisdiction of the 
Service under section 208 of this Act, knowingly and willfully fails to 
disclose, conceals, or covers up the fact that they have, on behalf of 
any person and for a fee or other remuneration, prepared or assisted in 
preparing an application which was falsely made (as defined in section 
274C(a)) for immigration benefits pursuant to section 208 of this Act, 
or the regulations promulgated thereunder, shall be guilty of a felony 
and shall be fined in accordance with title 18, United States Code, 
imprisoned for not less than 2 nor more than 5 years, or both, and 
prohibited from preparing or assisting in preparing, regardless of 
whether for a fee or other remuneration, any other such application.
    ``(2) Whoever, having been convicted of a violation of section 
274C(e) of the Immigration and Nationality Act, knowingly and willfully 
prepares or assists in preparing an application for immigration 
benefits pursuant to this Act, or the regulations promulgated 
thereunder, regardless of whether for a fee or other remuneration and 
regardless of whether in any matter within the jurisdiction of the 
Service under section 208 of this Act, shall be guilty of a felony and 
shall be fined in accordance with title 18, United States Code, 
imprisoned for not less than 5 years or more than 15 years, or both, 
and prohibited from preparing or assisting in preparing any other such 
application.''.

SEC. 135. CRIMINAL PENALTY FOR FALSE STATEMENT IN A DOCUMENT REQUIRED 
              UNDER THE IMMIGRATION LAWS OR KNOWINGLY PRESENTING 
              DOCUMENT WHICH FAILS TO CONTAIN REASONABLE BASIS IN LAW 
              OR FACT.

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

SEC. 136. NEW EXCLUSION FOR DOCUMENT FRAUD AND FOR FAILURE TO PRESENT 
              DOCUMENTS.

    Section 212(a)(6)(C) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(6)(C)) is amended--
            (1) by striking ``(C) Misrepresentation'' and inserting the 
        following:
                    ``(C) Fraud, misrepresentation, and failure to 
                present documents''; and
            (2) by adding at the end the following new clause:
                            ``(iii) Fraud, misrepresentation, and 
                        failure to present documents.--
                                    ``(I) Any alien who, in seeking 
                                entry to the United States or boarding 
                                a common carrier for the purpose of 
                                coming to the United States, presents 
                                any document which, in the 
                                determination of the immigration 
                                officer, is forged, counterfeit, 
                                altered, falsely made, stolen, or 
                                inapplicable to the person presenting 
                                the document, or otherwise contains a 
                                misrepresentation of a material fact, 
                                is excludable.
                                    ``(II) Any alien who is required to 
                                present a document relating to the 
                                alien's eligibility to enter the United 
                                States prior to boarding a common 
                                carrier for the purpose of coming to 
                                the United States and who fails to 
                                present such document to an immigration 
                                officer upon arrival at a port of entry 
                                into the United States is 
                                excludable.''.

SEC. 137. LIMITATION ON WITHHOLDING OF DEPORTATION AND OTHER BENEFITS 
              FOR ALIENS EXCLUDABLE FOR DOCUMENT FRAUD OR FAILING TO 
              PRESENT DOCUMENTS.

    (a) Section 235 of the Immigration and Nationality Act (8 U.S.C. 
1225) is amended by adding at the end the following new subsection:
    ``(d)(1) Subject to paragraph (2), any alien who has not been 
admitted to the United States, and who is excludable under section 
212(a)(6)(C)(iii), is ineligible for withholding of deportation 
pursuant to section 243(h), and may not apply therefor or for any other 
relief under this Act, except that an alien found to have a credible 
fear of persecution or of return to persecution in accordance with 
section 208(e) shall be taken before a special inquiry officer for 
exclusion proceedings in accordance with section 236 and may apply for 
asylum, withholding of deportation, or both, in the course of such 
proceedings.
    ``(2) An alien described in paragraph (1) who has been found 
ineligible to apply for asylum under section 208(e) may be returned 
under the provisions of this section only to a country in which (or 
from which) he or she has no credible fear of persecution (or of return 
to persecution). If there is no country to which the alien can be 
returned in accordance with the provisions of this paragraph, the alien 
shall be taken before a special inquiry officer for exclusion 
proceedings in accordance with section 236 and may apply for asylum, 
withholding of deportation, or both, in the course of such proceedings.
    (b) Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 
1227(a)) is amended--
            (1) in the second sentence of paragraph (1) by striking 
        ``Deportation'' and inserting ``Subject to section 235(d)(2), 
        deportation''; and
            (2) in the first sentence of paragraph (2) by striking 
        ``If'' and inserting ``Subject to section 235(d)(2), if''.

SEC. 138. DEFINITION OF ``FALSELY MAKE ANY DOCUMENT''.

    Section 274C(a) of the Immigration and Nationality Act (8 U.S.C. 
1324c), as amended by sections 132 and 133 of this Act, is further 
amended by inserting at the end the following new sentence: ``For the 
purposes of this subsection, the phrase `falsely make any document' 
includes the preparation or provision of any application for benefits 
under this Act, with knowledge or in reckless disregard of the fact 
that such application contains a false, fictitious, or fraudulent 
statement or material representation, or has no basis in law or fact, 
or otherwise fails to state a fact pertaining to the applicant which is 
material to whether the application should be approved.''.

                   PART 5--EXCLUSION AND DEPORTATION

SEC. 141. SPECIAL PORT-OF-ENTRY EXCLUSION PROCEDURE FOR ALIENS USING 
              DOCUMENTS FRAUDULENTLY OR FAILING TO PRESENT DOCUMENTS, 
              OR EXCLUDABLE ALIENS APPREHENDED AT SEA.

    Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225), 
as amended by sections 137 and 148 of this Act, is further amended by 
adding at the end the following new subsection:
    ``(e)(1)(A) Subject to paragraph (d)(2), any alien (including an 
alien crewman) who may appear to the examining immigration officer or 
to the special inquiry officer during the examination before either of 
such officers to be excludable under section 212(a)(6)(C)(iii) of the 
Immigration and Nationality Act may be ordered specially excluded and 
deported by the Attorney General, either by a special inquiry officer 
or otherwise; or
    ``(B) Subject to paragraph (d)(2), any alien (including an alien 
crewman) who was brought to the United States in the manner described 
in subsection (d)(3) and who may appear to an examining immigration 
officer to be excludable may be ordered specially excluded and deported 
by the Attorney General without any further inquiry, either by a 
special inquiry officer or otherwise.
    ``(2) Such special exclusion order is not subject to administrative 
appeal, except that the Attorney General shall provide by regulation 
for prompt review of such an order against an applicant who claims 
under oath, or as permitted under penalty of perjury under section 1746 
of title 28, United States Code, after having been warned of the 
penalties for falsely making such claim under such conditions, to have 
been lawfully admitted for permanent residence.
    ``(3) A special exclusion order entered in accordance with the 
provisions of this subsection shall have the same effect as if the 
alien had been ordered excluded and deported pursuant to section 236, 
except that judicial review of such an order shall be available only 
under section 106.
    ``(4) Nothing in this subsection shall be regarded as requiring an 
inquiry before a special inquiry officer in the case of an alien 
crewman.''.

SEC. 142. LIMITED JUDICIAL REVIEW.

    (a) Preclusion of Judicial Review.--Section 106 of the Immigration 
and Nationality Act (8 U.S.C. 1105a) is amended--
            (1) by amending the section heading to read as follows: 
        ``judicial review of orders of deportation and exclusion, and 
        special exclusion''; and
            (2) by adding at the end the following new subsection:
    ``(d)(1) Notwithstanding any other provision of law, and except as 
provided in this subsection, no court shall have jurisdiction to review 
any individual determination, or to entertain any other cause or claim, 
arising from or relating to the implementation or operation of sections 
208(e), 212(a)(6)(C)(iii), 235(d), and 235(e). Regardless of the nature 
of the action or claim, or the party or parties bringing the action, no 
court shall have jurisdiction or authority to enter declaratory, 
injunctive, or other equitable relief not specifically authorized in 
this subsection, nor to certify a class under Rule 23 of the Federal 
Rules of Civil Procedure.
    ``(2) Judicial review of any cause, claim, or individual 
determination covered under paragraph (d)(1) shall only be available in 
habeas corpus proceedings, and shall be limited to determinations of--
            ``(A) whether the petitioner is an alien, if the petitioner 
        makes a showing that his or her claim of United States 
        nationality is not frivolous;
            ``(B) whether the petitioner was ordered specially 
        excluded; and
            ``(C) whether the petitioner can prove by a preponderance 
        of the evidence that he or she is an alien lawfully admitted 
        for permanent residence and is entitled to such further inquiry 
        as is prescribed by the Attorney General pursuant to section 
        235(e)(2).
    ``(3) In any case where the court determines that an alien was not 
ordered specially excluded, or was not properly subject to special 
exclusion under the regulations adopted by the Attorney General, the 
court may order no relief beyond requiring that the alien receive a 
hearing in accordance with section 236, or a determination in 
accordance with section 235(c) or 273(d). Any alien excludable under 
section 212(a)(6)(C)(iii) who receives a hearing under section 236, 
whether by order of court or otherwise, may thereafter obtain judicial 
review of any resulting final order of exclusion pursuant to subsection 
(b).
    ``(4) In determining whether an alien has been ordered specially 
excluded, the court's inquiry shall be limited to whether such an order 
was in fact issued and whether it relates to the petitioner. There 
shall be no review of whether the alien is actually excludable under 
section 212(a)(6)(C)(iii) or entitled to any relief from exclusion.''.
    (b) Preclusion of Collateral Attacks.--Section 235 of the 
Immigration and Nationality Act (8 U.S.C. 1225), as amended by sections 
137, 141, and 148 of this Act, is further amended by adding at the end 
the following new subsection:
    ``(f) In any action brought for the assessment of penalties for 
improper entry or re-entry of an alien under sections 275 and 276 of 
the Immigration and Nationality Act, no court shall have jurisdiction 
to hear claims collaterally attacking the validity of orders of 
exclusion, special exclusion, or deportation entered under sections 
235, 236, and 242 of the Immigration and Nationality Act.''.

SEC. 143. REDUCTION OF INCENTIVE TO DELAY DEPORTATION PROCEEDINGS.

    Section 212(c) of the Immigration and Nationality Act (8 U.S.C. 
1182(c)) is amended--
            (1) by redesignating subsection (c) as subsection (c)(1); 
        and
            (2) by adding at the end the following:
    ``(2) The seven-year period described in paragraph (1) shall not 
include any period beginning after the alien has received an order to 
show cause issued under section 242 or 242B.''.

SEC. 144. CIVIL PENALTY FOR FAILURE TO DEPART.

    (A) In General.--Section 274C of the Immigration and Nationality 
Act (8 U.S.C. 1342c) is amended--
            (1) by amending the section heading to read as follows: 
        ``PENALTIES FOR DOCUMENT FRAUD, FAILURE TO DEPART, AND FAILURE 
        TO PRESENT DOCUMENTS'';
            (2) in subsection (a)--
                    (A) by striking ``or'' at the end of paragraph (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) if such person is an alien--
                    ``(A) to fail or refuse to depart from the United 
                States by the date that any final, unappealable order 
                (as defined in subsection (e)) become effective against 
                such person; or
                    ``(B) to fail or refuse to voluntarily depart the 
                United States by the date granted by the Attorney 
                General in lieu of a final, unappealable order of 
                deportation,'';
            (3) in subsection (c), by inserting before the period the 
        following: ``or in section 237 or section 242 of this Act'';
            (4) in subsection (d)(3)--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting ``, or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) up to $500 for each day that an alien is in 
                violation of subsection (a)(5)''; and
            (5) by inserting at the end the following new subsection:
    ``(e) Definition.--For the purposes of this section, the term 
`final, unappealable order of deportation' means any order of exclusion 
and deportation or deportation issued by the Attorney General which has 
not been administratively or judicially appealed within the deadlines 
established by this Act or regulations thereunder, or any such order 
the judicial appeal of which has been denied.''.
    (b) Amendment to the Table of Contents.--The table of contents for 
the Immigration and Nationality Act is amended by amending the item 
relating to section 274C to read as follows:

``Sec. 274C. Penalties for document fraud, failure to depart, and 
                            failure to present documents.''.

SEC. 145. AUTHORIZATION OF SPECIAL FUND FOR COSTS OF DEPORTATION.

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

SEC. 146. REFORM OF DEPORTATION PROCEEDINGS AND JUDICIAL REVIEW.

    (a) Language of Order To Show Cause.--Section 242B of the 
Immigration and Nationality Act (8 U.S.C. 1252b) is amended in 
subsection (a)(3) by striking ``under this subsection'' and all that 
follows through ``(B)'' and inserting ``under this subsection''.
    (b) Privilege of Counsel.--(1) Section 242B(b)(1) of such Act (8 
U.S.C. 1252(b)(1)) is amended by inserting before the period at the end 
the following: ``, except that a hearing may be scheduled as early as 3 
days after the service of the order to show cause if the alien has been 
continued in custody subject to section 242''.
    (2) The parenthetical phrase in section 292 of such Act (8 U.S.C. 
1362) is amended to read as follows: ``(at no expense to the Government 
or unreasonable delay to the proceedings)''.
    (3) Section 242B(b) of such Act is further amended by inserting at 
the end the following new paragraph:
            ``(3) Rule of construction.--Nothing in this subsection may 
        be construed to prevent the Attorney General from proceeding 
        against an alien pursuant to section 242 if the time period 
        described in paragraph (1) has elapsed and the alien has failed 
        to secure counsel.''.
    (c) Judicial Review.--Section 106(a) of such Act (8 U.S.C. 
1105a(a)) is amended by amending paragraph (1) to read as follows:
            ``(1)(A) a petition for review may be filed not later than 
        thirty days after the date of the issuance of the final 
        deportation order, or, in the case of an alien convicted of an 
        aggravated felony, not later than fifteen days after the 
        issuance of such order;
            ``(B) the alien shall serve and file a brief not later than 
        forty days after the date on which the administrative record is 
        available, and may serve and file a reply brief not later than 
        fourteen days after service of the brief of the Attorney 
        General, and the court may not extend these deadlines except 
        upon motion for good cause shown; and
            ``(C) if an alien fails to file a brief within the time 
        provided in this paragraph, the Attorney General may move to 
        dismiss the appeal, and the court shall grant such motion 
        unless a manifest injustice would result;''.

SEC. 147. DENIAL OF NONIMMIGRANT AND IMMIGRANT VISAS FOR COUNTRIES 
              REFUSING TO ACCEPT DEPORTED ALIENS.

    Section 243(g) of the Immigration and Nationality Act (8 U.S.C. 
1253(g)) is amended by inserting ``and nonimmigrant'' after 
``immigrant''.

SEC. 148. LIMITATION ON WITHHOLDING OF DEPORTATION FOR EXCLUDABLE 
              ALIENS APPREHENDED AT SEA.

    Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225), 
as amended by section 137 of this Act, is further amended in subsection 
(d)--
            (1) by inserting in paragraph (1), after the words 
        ``section 212(a)(6)(C)(iii)'', the following: ``or who is an 
        alien described in paragraph (3),''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Any alien who is excludable under section 212(a), and 
        who has been brought or escorted under the authority of the 
        United States--
                    ``(A) into the United States, having been on board 
                a vessel encountered seaward of the territorial sea by 
                officers of the United States, or
                    ``(B) to a port of entry, having been on board a 
                vessel encountered within the territorial sea or 
                internal waters of the United States, shall either be 
                detained on board the vessel on which such person 
                arrived or in such facilities as are designated by the 
                Attorney General or paroled in the discretion of the 
                Attorney General pursuant to section 212(d)(5) pending 
                accomplishment of the purpose for which the person was 
                brought or escorted into the United States or to the 
                port of entry, except that no alien shall be detained 
                on board a public vessel of the United States without 
                the concurrence of the head of the department under 
                whose authority the vessel is operating.''.

                         PART 6--MISCELLANEOUS

SEC. 151. PILOT PROGRAM ON INTERIOR REPATRIATION OF DEPORTABLE OR 
              EXCLUDABLE ALIENS.

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

SEC. 152. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR THE 
              DETENTION OF EXCLUDABLE OR DEPORTABLE ALIENS.

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

SEC. 153. USE OF LEGALIZATION AND SPECIAL AGRICULTURAL WORKER 
              INFORMATION.

    (a) Confidentiality of Information.--Section 245A(c)(5)(C) of the 
Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)(C)) is amended by 
amending the text after subparagraph (C) to read as follows: ``except 
that the Attorney General shall provide information furnished under 
this section when such information is requested in writing by a duly 
recognized law enforcement entity in connection with a criminal 
investigation or prosecution, or to an official coroner for purposes of 
affirmatively identifying a deceased individual (whether or not such 
individual is deceased as a result of a crime), and the Attorney 
General may provide, in the Attorney General's discretion, for the 
furnishing of information furnished under this section in the same 
manner and circumstances as census information may be disclosed by the 
Secretary of Commerce under section 8 of title 13, United States Code. 
Anyone who uses, publishes, or permits information to be examined in 
violation of this paragraph shall be fined in accordance with title 18, 
United States Code, or imprisoned not more than five years, or both.''.
    (b) Special Agricultural Workers.--Section 210(b)(6)(C) of such Act 
(8 U.S.C. 1160(b)(6)(C)) is amended--
            (1) by striking the period at the end of subparagraph (C) 
        and inserting a comma; and
            (2) by adding in full measure margin after subparagraph (C) 
        the following: ``except that the Attorney General shall provide 
        information furnished under this section when such information 
        is requested in writing by a duly recognized law enforcement 
        entity in connection with a criminal investigation or 
        prosecution, or to an official coroner for purposes of 
        affirmatively identifying a deceased individual (whether or not 
        such individual is deceased as a result of a crime).''.

SEC. 154. COMMUNICATION BETWEEN FEDERAL, STATE, AND LOCAL GOVERNMENT 
              AGENCIES, AND THE IMMIGRATION AND NATURALIZATION SERVICE.

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

                   Subtitle B--Other Control Measures

                        PART 1--PAROLE AUTHORITY

SEC. 161. USEABLE ONLY ON A CASE-BY-CASE BASIS FOR HUMANITARIAN REASONS 
              OR SIGNIFICANT PUBLIC BENEFIT.

    Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(5)) is amended--
            (1) by redesignating subparagraph (A) as subparagraph 
        (A)(i);
            (2) in subparagraph (A)(i) (as so redesignated), by 
        striking ``emergent reasons or for reasons deemed strictly in 
        the public interest'' and inserting ``on a case-by-case for 
        urgent humanitarian reasons or significant public benefit''.

SEC. 162. INCLUSION IN WORLD-WIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS.

    Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 
1151(c)) is amended--
            (1) by amending paragraph (1)(A)(ii) to read as follows:
            ``(ii) the sum of the number computed under paragraph (2) 
        and the number computed under paragraph (4), plus''; and
            (2) by adding at the end the following new paragraph:
    ``(4) The number computed under this paragraph for a fiscal year is 
the number of aliens who were paroled into the United States under 
section 212(d)(5) in the two previous fiscal years and who as of the 
last day of the previous fiscal year had not departed from the United 
States within 365 days.''.

                      PART 2--ASYLUM AND REFUGEES

SEC. 171. LIMITATIONS ON ASYLUM APPLICATIONS BY ALIENS USING DOCUMENTS 
              FRAUDULENTLY OR BY EXCLUDABLE ALIENS APPREHENDED AT SEA; 
              USE OF SPECIAL EXCLUSION PROCEDURES.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended by adding at the end the following new subsection:
    ``(e)(1) Notwithstanding subsection (a), any alien who, in seeking 
entry to the United States or boarding a common carrier for the purpose 
of coming to the United States, presents any document which, in the 
determination of the immigration officer, is fraudulent, forged, 
stolen, or inapplicable to the person presenting the document, or 
otherwise contains a misrepresentation of a material fact, may not 
apply for or be granted asylum, unless presentation of the document was 
necessary for direct departure from a country in which (or from which) 
the alien has a credible fear of persecution (or of return to 
persecution).
    ``(2) Notwithstanding subsection (a), an alien who boards a common 
carrier for the purpose of coming to the United States through the 
presentation of any document which relates or purports to relate to the 
alien's eligibility to enter the United States, and who fails to 
present such document to an immigration officer upon arrival at a port 
of entry into the United States, may not apply for or be granted 
asylum, unless presentation of such document was necessary to direct 
departure from a country in which (or from which) the alien has a 
credible fear of persecution (or of return to persecution).
    ``(3) Notwithstanding subsection (a), an alien described in section 
235(d)(3) may not apply for or be granted asylum, unless the person 
departed directly from a country in which (or from which) the alien has 
a credible fear of persecution (or of return to persecution).
    ``(4) Notwithstanding paragraphs (1), (2), and (3), the Attorney 
General may, under extraordinary circumstances, permit an alien 
described in paragraph (1), (2), or (3) to apply for asylum.
    ``(5)(A) When an immigration officer has determined that an alien 
has sought entry under either of the circumstances described in 
paragraph (1) or (2), or is an alien described in section 235(d)(3), 
and the alien has indicated a desire to apply for asylum, the 
immigration officer shall refer the matter to an asylum officer who 
shall interview the alien to determine whether presentation of the 
document was necessary to direct departure from a country in which (or 
from which) the alien has a credible fear of persecution (or of return 
to persecution), or in the case of an alien described in section 
235(d)(3), whether the alien had directly departed from such a country.
    ``(B) If the officer determines that the alien does not have a 
credible fear of persecution or of return to persecution in (or from) 
the country in which the alien was last present prior to attempting 
entry into the United States, or arriving in the United States or a 
port of entry under the circumstances described in section 235(d)(3), 
the alien may be specially excluded and deported in accordance with 
section 235(e).
    ``(C) The Attorney General shall provide by regulation for the 
prompt supervisory review of a determination under subparagraph (B) 
that an alien does not have a credible fear of persecution or of return 
to persecution in (or from) the country in which the alien was last 
present.
    ``(D) The Attorney General shall provide information concerning the 
procedure described in this paragraph to persons who may be eligible. 
An alien who is eligible for such procedure pursuant to subparagraph 
(A) may consult with a person or persons of his or her choosing prior 
to the procedure or any review thereof, according to regulations 
prescribed by the Attorney General. Such consultation shall be at no 
expense to the Government and shall not delay the process.
    ``(6) As used in this section, the term `credible fear of 
persecution (or of return to persecution)' means--
            ``(A) it is more probable than not that the statements made 
        by the alien in support of his or her claim are true; and
            ``(B) there is a significant possibility, in light of such 
        statements and of such other facts as are known to the officer 
        about country conditions, that the alien could establish 
        eligibility as a refugee within the meaning of section 
        101(a)(42)(A) with respect to the country from which the alien 
        has directly departed (or a country to which the alien is 
        likely to be returned without access to a full and fair 
        procedure for determining refugee status).
    ``(7) As used in this subsection, the term `asylum officer' means 
an immigration officer who--
            ``(A) has had professional training in country conditions, 
        asylum law, and interview techniques; and
            ``(B) is supervised by an officer who meets the condition 
        in subparagraph (A).''.

SEC. 172. LIMITATION ON WORK AUTHORIZATION FOR ASYLUM APPLICANTS.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended by inserting the following new subsection:
    ``(f) An applicant for asylum may not engage in employment in the 
United States except pursuant to this subsection. The Attorney General 
may deny any application for, or suspend or place conditions on any 
grant of, authorization to engage in employment in the United States to 
any alien who makes an application under this section.

SEC. 173. INCREASED RESOURCES FOR REDUCING ASYLUM APPLICATION BACKLOGS.

    (a) Purpose and Period of Authorization.--For the purpose of 
reducing the number of applications pending under sections 208 and 
243(h) of the Immigration and Nationality Act (8 U.S.C. 1158 and 8 
U.S.C. 1253) as of the date of enactment of this Act, the Attorney 
General shall have the authority described in subsections (b) and (c) 
for a period of two years, beginning ninety days after the date of 
enactment of this Act.
    (b) Procedures for Property Acquisition on Leasing.--
Notwithstanding the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 471 et seq.), the Attorney General is authorized to 
expend out of funds made available to the Department of Justice for the 
administration of the Immigration and Nationality Act such amounts as 
may be necessary for the leasing or acquisition of property to carry 
out the purpose described in subsection (a).
    (c) Use of Federal Retirees.--(1) In order to carry out the purpose 
described in subsection (a), the Attorney General may employ 
temporarily not more than three hundred persons who, by reason of 
retirement on or before January 1, 1993, are receiving--
            (A) annuities under the provisions of subchapter III of 
        chapter 83 of title 5, United States Code, or chapter 84 of 
        such title;
            (B) annuities under any other retirement system for 
        employees of the Federal Government; or
            (C) retired or retainer pay as retired officers of regular 
        components of the uniformed services.
    (2) In the case of a person retired under the provisions of 
subchapter III of chapter 83 of title 5, United States Code--
            (A) no amounts may be deducted from the person's pay,
            (B) the annuity of such person may not be terminated,
            (C) payment of annuity to such person may not be 
        discontinued, and
            (D) the annuity of such person may not be recomputed, under 
        section 8344 of such title by reason of temporary employment 
        authorized in paragraph (1).
    (3) In the case of a person retired under the provisions of chapter 
84 of title 5, United States Code--
            (A) no amounts may be deducted from the person's pay,
            (B) contributions to the Civil Service Retirement and 
        Disability Fund may not be made, and
            (C) the annuity of such person may not be recomputed, under 
        section 8468 of such title by reason of temporary employment 
        authorized in paragraph (1).
    (4) The retired or retainer pay of a retired officer of a regular 
component of a uniformed service may not be reduced under section 5532 
of title 5, United States Code, by reason of temporary employment 
authorized in paragraph (1).
    (5) The President shall apply the provisions of paragraphs (2) and 
(3) to persons referred to in paragraph (1)(B) in the same manner and 
to the same extent as such provisions apply to persons referred to in 
paragraph (1)(A).

SEC. 174. REQUIREMENT OF CONGRESSIONAL APPROVAL FOR ADMISSION OF MORE 
              THAN 50,000 REFUGEES IN A FISCAL YEAR.

    Section 207(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1157(a)(2)) is amended--
            (1) by inserting ``(A)'' immediately after ``(2)'';
            (2) by inserting ``in subparagraph (B) and'' after 
        ``provided''; and
            (3) by adding at the end the following:
                    ``(B) The number of refugees admitted in any fiscal 
                year may not exceed 50,000 unless Congress enacts a 
                bill or joint resolution specifically authorizing a 
                greater number.''.

                      PART 3--CUBAN ADJUSTMENT ACT

SEC. 181. REPEAL.

    Public Law 89-73, as amended, is hereby repealed.

                      Subtitle C--Effective Dates

SEC. 191. EFFECTIVE DATES.

    (a) Provisions Taking Effect Upon Enactment.--Except as otherwise 
provided in this title and subject to subsection (b), this title and 
the amendments made by this title shall take effect on the date of the 
enactment of this Act, and apply beginning in fiscal year 1995.
    (b) Other Effective Dates.--(1)(A) The amendments made by sections 
136, 137, 141, 142, 148, and 171 shall be effective upon the date of 
enactment of this Act, and shall apply to aliens who arrive in or seek 
admission to the United States on or after such date.
    (B) Notwithstanding any other provision of law, the Attorney 
General may issue interim final regulations to implement the provisions 
of the amendments listed in subparagraph (A) at any time on or after 
the date of enactment of this Act, which regulations may become 
effective upon publication without prior notice or opportunity for 
public comment.
    (2) The amendment made by section 138 applies to the preparation of 
applications before, on, or after the date of enactment of this Act.
    (3) The amendment made by section 143 shall apply to all 
applications for relief under section 212(c) or 244 of the Immigration 
and Nationality Act filed on or after the date of enactment of this 
Act.
    (4) The amendments made by section 146(c) shall apply to all final 
orders of deportation entered on or after the date of enactment of this 
Act.
    (5) The amendment made by section 147(a) shall apply to countries 
for which the Secretary of State gives instructions to United States 
consular officers on or after the date of enactment of this Act.

                   TITLE II--FINANCIAL RESPONSIBILITY

               PART 1--RECEIPT OF CERTAIN PUBLIC BENEFITS

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

    (a) Public Assistance and Benefits.--(1) In General.--
Notwithstanding any other provision of law, an ineligible alien (as 
defined in subsection (d)(2)) shall not be eligible to receive any 
benefits under any program of assistance provided or funded, in whole 
or in part, by the Federal Government or any State or local government 
entity, for which eligibility for benefits is based on need, or to 
receive any grant, contract, loan, professional license, or commercial 
license provided or funded by any agency of the United States or any 
State or local government entity, except--
            (A) emergency medical services under title XIX of the 
        Social Security Act,
            (B) short-term emergency disaster relief,
            (C) assistance or benefits under the National School Lunch 
        Act,
            (D) assistance or benefits under the Child Nutrition Act of 
        1966, and
            (E) public health assistance for immunizations with respect 
        to immunizable diseases and for testing and treatment for 
        communicable diseases.
    (2) Benefits of Residence.--Notwithstanding any other provision of 
law, no State or local government entity shall consider any ineligible 
alien as a resident when to do so would place such alien in a more 
favorable position, regarding access to, or the cost of, any benefit or 
government service, than a United States citizen who is not regarded as 
such a resident.
    (3) Notification of Aliens.--The agency administering a program 
referred to in paragraph (1) or (2) shall, directly or, in the case of 
a Federal agency, through the States, notify individually or by public 
notice, all ineligible aliens who receive benefits under the program on 
the date of the enactment of this Act and whose eligibility for the 
program is terminated by reason of this subsection.
    (b) Unemployment Benefits.--Notwithstanding any other provision of 
law, only eligible aliens who have been granted employment 
authorization pursuant to Federal law and United States citizens may 
receive any portion of unemployment benefits payable out of Federal 
funds, and such eligible aliens may receive only the portion of such 
benefits which is attributable to the authorized employment.
    (c) Housing Assistance Programs.--Not later than ninety days after 
the date of the enactment of this Act, the Secretary of Housing and 
Urban Development shall submit a report to the Committee on the 
Judiciary of the Senate, the Committee on the Judiciary of the House of 
Representatives, the Committee on Banking, Housing, and Urban Affairs 
of the Senate, and the Committee on Banking and Financial Services of 
the House of Representatives describing the manner in which the 
Secretary is enforcing section 214 of the Housing and Community 
Development Act of 1980 and containing statistics with respect to the 
number of individuals denied financial assistance under such section.
    (d) Definitions.--For the purposes of this section--
            (1) Eligible alien.--The term ``eligible alien'' means an 
        individual who is--
                    (A) an alien lawfully admitted for permanent 
                residence,
                    (B) an alien granted asylum,
                    (C) a refugee,
                    (D) an alien whose deportation has been 
withheld under section 243(h) of the Immigration and Nationality Act, 
or
                    (E) a parolee who has been paroled for a period of 
                1 year or more.
            (2) Ineligible alien.--The term ``ineligible alien'' means 
        an individual who is not--
                    (A) a United States citizen; or
                    (B) an eligible alien.

SEC. 202. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO FAMILY-
              SPONSORED IMMIGRANTS.

    Notwithstanding any other provision of law, in determining the 
eligibility and the amount of benefits of an eligible alien (as defined 
in section 201(d)(1) of this Act) under any Federal program, the income 
and resources of the alien shall be presumed to include--
            (1) the income and resources of any person who, as a 
        sponsor of such alien's entry into the United States, executed 
        an affidavit of support or similar agreement with respect to 
        such alien, and
            (2) the income and resources of such sponsor's spouse.
The preceding sentence shall apply until such time as the alien 
achieves United States citizenship through naturalization pursuant to 
chapter 2 of title III of the Immigration and Nationality Act.

SEC. 203. DEFINITION OF ``PUBLIC CHARGE'' FOR PURPOSES OF DEPORTATION.

    (a) In General.--Section 241(a)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1251(a)(5)) is amended to read as follows:
            ``(5) Public charge.--
                    ``(A) In general.--Any alien who, within five years 
                after the date of entry, has become a public charge 
                from causes not affirmatively shown to have arisen 
                since entry is deportable.
                    ``(B) Definition.--For purposes of subparagraph 
                (A), the term `public charge' shall include any alien 
                who receives benefits under one or more of the programs 
                described in subparagraph (C) for more than an 
                aggregate of 12 months.
                    ``(C) Programs described.--The programs described 
                in this subparagraph are the following:
                            ``(i) The aid to families with dependent 
                        children program under title IV of the Social 
                        Security Act.
                            ``(ii) The medicaid program under title XIX 
                        of the Social Security Act.
                            ``(iii) The food stamp program under the 
                        Food Stamp Act of 1977.
                            ``(iv) The supplemental security income 
                        program under title XVI of the Social Security 
                        Act.
                            ``(v) Any State general assistance program.
                            ``(vi) any other program of assistance 
                        funded, in whole or in part, by the Federal 
                        Government or any State or local government 
                        entity, for which eligibility for benefits is 
                        based on need, except the programs listed as 
                        exceptions in section 201(a)(1) of this Act.''
    (b) Construction.--Nothing in section 241(a)(5)(B) of the 
Immigration and Nationality Act may be construed to invalidate other 
factual bases for consideration of an alien as a public charge which 
were in effect on the day before the date of the enactment of this Act.
    (c) Review of Status.--(1) In reviewing any application by an alien 
for benefits under section 216, section 245, or chapter 2 of title III 
of the Immigration and Nationality Act, the Attorney General shall 
determine whether or not the applicant is described in section 
241(a)(5)(B) of such Act.
    (2) If the Attorney General determines that an alien is described 
in section 241(a)(5)(B) of such Act, the Attorney General shall deny 
such application and shall institute deportation proceedings with 
respect to such alien, unless the Attorney General exercises discretion 
to withhold or suspend deportation pursuant to one of the other 
sections of such Act.

SEC. 204. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.

    (a) Enforceability.--No affidavit of support may be relied upon by 
the Attorney General or by any consular officer to establish that an 
alien is not excludable as a public charge under section 212(a)(4) of 
the Immigration and Nationality Act unless such affidavit is executed 
as a contract--
            (1) which is legally enforceable against the sponsor by the 
        Federal Government and by any State, district, territory, or 
        possession of the United States (or any subdivision of such 
        State, district, territory, or possession of the United States) 
        which provides any benefit described in section 241(a)(5)(C), 
        but not later than ten years after the alien last receives any 
        such benefit; and
            (2) in which the sponsor agrees to submit to the 
        jurisdiction of any Federal or State court for the purpose of 
        actions brought under subsection (e)(2).
    (b) Forms.--Not later than ninety days after the date of enactment 
of this Act, the Secretary of State, the Attorney General, and the 
Secretary of Health and Human Resources shall jointly formulate the 
affidavit of support described in this section.
    (c) Statutory Construction.--Nothing in this section shall be 
construed to grant third party beneficiary rights to any sponsored 
alien under an affidavit of support.
    (d) Notification of Change of Address.--(1) The sponsor shall 
notify the Federal Government and the State, district, territory, or 
possession in which the sponsored alien is currently resident within 
thirty days of any change of address of the sponsor during the period 
specified in subsection (a)(1).
    (2) Any person subject to the requirement of paragraph (1) who 
fails to satisfy such requirement shall be subject to a civil penalty 
of--
            (A) not less than $250 or more than $2,000, or
            (B) if such failure occurs with knowledge that the 
        sponsored alien has received any benefit described in section 
        241(a)(5)(C) of the Immigration and Nationality Act, not less 
        than $2,000 or more than $5,000.
    (e) Reimbursement of Government Expenses.--(1)(A) Upon notification 
that a sponsored alien has received any benefit described in section 
241(a)(5)(C) of the Immigration and Nationality Act, the appropriate 
Federal, State, or local official shall request reimbursement by the 
sponsor in the amount of such assistance.
    (B) The Secretary of Health and Human Services shall prescribe such 
regulations as may be necessary to carry out subparagraph (A). Such 
regulations shall provide for notification to the sponsor by certified 
mail to the sponsor's last known address.
    (2) If within forty-five days after requesting reimbursement, the 
appropriate Federal, State, or local agency has not received a response 
from the sponsor indicating a willingness to commence payments, an 
action may be brought against the sponsor pursuant to the affidavit of 
support.
    (3) If the sponsor fails to abide by the repayment terms 
established by such agency, the agency may, within sixty days of such 
failure, bring an action against the sponsor pursuant to the affidavit 
of support.
    (4) No cause of action may be brought under this subsection later 
than ten years after the alien last received any benefit described in 
section 241(a)(5)(C) of the Immigration and Nationality Act.
    (f) Jurisdiction.--For purposes of this section, no State court 
shall decline for lack of jurisdiction to hear any action brought 
against a sponsor for reimbursement of the cost of any benefit 
described in section 241(a)(5)(C) of the Immigration and Nationality 
Act if the sponsored alien received public assistance while residing in 
the State.
    (g) Definitions.--For the purposes of this section--
            (1) the term ``sponsor'' means an individual who--
                    (A) is a United States citizen or an alien who is 
                lawfully admitted to the United States for permanent 
                residence;
                    (B) is 18 years of age or over;
                    (C) is domiciled in any of the several States of 
                the United States, the District of Columbia, or any 
                territory or possession of the United States; and
                    (D) demonstrates the means to maintain an annual 
                income equal to at least 125 percent of the Federal 
                poverty line for the individual and for the sponsored 
                alien; and
            (2) the term ``poverty line'' means the income official 
        poverty line (as defined by the Office of Management and 
        Budget, and revised annually in accordance with section 673(2) 
        of the Omnibus Budget Reconciliation Act of 1981) that is 
        applicable to a family of the size involved.

                      PART 2--BORDER CROSSING FEE

SEC. 211. IMPOSITION OF FEE; USE OF COLLECTED FEES.

    (a) Land Border User Fee Account.--Section 286(q) of the 
Immigration and Nationality Act (8 U.S.C. 1356(q)) is amended to read 
as follows:
    ``(q) Land Border User Fee Account.--(1) The Attorney General, 
after consultation with the Secretary of State, shall institute a 
policy of imposing a fee at the time of any person's entry into the 
United States at a land border port of entry for the person's use of 
border facilities or services of the Immigration and Naturalization 
Service in an amount necessary to make the total of such fees 
substantially equal to the cost of maintaining and operating such 
facilities and services.
    ``(2) All fees collected under paragraph (1) shall be deposited as 
offsetting receipts in a separate account within the general fund of 
the Treasury of the United States and shall remain available until 
expended. Such account shall be known as the `Land Border User Fee 
Account'.
    ``(3)(A) The Secretary of the Treasury shall refund out of the Land 
Border User Fee Account, at least on a quarterly basis, amounts to any 
appropriations for expenses incurred in providing inspection services 
at land border points of entry. Such expenses shall include--
            ``(i) the cost of providing inspection services;
            ``(ii) the cost of operating and maintaining inspection 
        facilities at land border points of entry;
            ``(iii) the cost of expanding, operating, and maintaining 
        information systems for nonimmigrant control;
            ``(iv) the cost of employing additional permanent and 
        temporary inspectors;
            ``(v) the minor construction costs associated with adding 
        new traffic lanes (with the concurrence of the General Services 
        Administration), including the establishment of commuter lanes 
        to be made available to qualified United States citizens and 
        aliens, as determined by the Attorney General;
            ``(vi) the cost of detecting fraudulent documents used by 
        passengers traveling to the United States; and
            ``(vii) the cost of administering the Land Border User Fee 
        Account.
    ``(B) Beginning with the fiscal year which begins after the 
effective date of this subsection, amounts required to be refunded in 
any fiscal year shall be refunded in accordance with estimates made in 
the budget request of the Attorney General for that fiscal year. Any 
proposed change in an amount specified in such budget request shall 
only be made after notification to the Committees on Appropriations of 
the House of Representatives and the Senate in accordance with section 
606 of the Public Law 101-162 and only if the Committees on the 
Judiciary of the House of Representatives and the Senate are notified 
at least fifteen days in advance.
    ``(4) Beginning two years after the date of enactment of this Act, 
and every two years thereafter, the Attorney General shall prepare and 
submit to the Congress a report containing--
            ``(A) a statement of the financial condition of the Land 
        Border Use Fee Account, including the beginning account 
        balance, revenues, withdrawals, and ending account balance and 
        projection for the next two fiscal years; and
            ``(B) a recommendation, if necessary, regarding any 
        adjustment in the prescribed fee that may be required to ensure 
        that the receipts collected from the fee charged for the 
        succeeding two-year period equal, as closely as possible, the 
        cost of providing the facilities and services described in 
        paragraph (1).''.
    (b) Submission of Plan.--Not later than ninety days after the date 
of enactment of this Act, the Attorney General shall submit in writing 
to the Committees on the Judiciary and the Committees on Appropriations 
of the House of Representatives and of the Senate a plan detailing the 
proposed implementation of section 286(q) of the Immigration and 
Nationality Act (as amended by this Act).
    (c) Repeal of Proviso.--Effective six months after the date of 
enactment of this Act, the fourth proviso under the heading `` 
Immigration and Naturalization Service, Salaries and Expenses'' in 
Public Law 103-121 is repealed.
    (d) Use of Unused Moneys for Border Security.--(1) Notwithstanding 
any other provision of law, upon the date of enactment of this Act, the 
Secretary of the Treasury shall refund to the Appropriation Account of 
the Immigration and Naturalization Service the following amounts of 
unobligated funds in the Land Border Inspection Fee Account (to the 
extent available), for use as follows:
            (A) Such funds may be used for the hiring and equipping of 
        additional Border Patrol agents and of support personnel and 
        equipment for increases in the number of Border Patrol agents 
        for that fiscal year;
            (B) Any portion of such funds not used for the purposes 
        described in paragraph (A) may be used for the deportation-
        related purposes described in section 145 of this Act.

SEC. 212. PILOT PROGRAMS.

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

                        PART 3--EFFECTIVE DATES

SEC. 221. EFFECTIVE DATES.

    (a) Provisions Taking Effect Upon Enactment.--Except as otherwise 
provided in this title and subject to subsection (b), this title and 
the amendments made by this title shall take effect on the date of the 
enactment of this Act, and apply beginning in fiscal year 1995.
    (b) Other Effective Dates.--(1) The provisions of section 201 and 
section 202 shall apply to benefits or applications for benefits 
received on or after the date of the enactment of this Act.
    (2) The amendment made by section 211(a) shall take effect six 
months after the date of enactment of this Act.
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