II

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.

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

2 This Act may be cited as the ‘‘Immigrant Control and

3 Financial Responsibility Act of 1995’’.

4 SEC. 2. TABLE OF CONTENTS.

5 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
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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.
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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.

1 TITLE I—IMMIGRANT CONTROL

2 Subtitle A—Law Enforcement

3 PART 1—ADDITIONAL ENFORCEMENT

4 PERSONNEL

5 SEC. 101. BORDER PATROL AGENTS.

6 There are authorized to be appropriated to the De7 partment of Justice such funds as may be necessary to

8 enable the Border Patrol to increase the number of its

9 agents and support personnel by 250 for each fiscal year

10 beginning with the fiscal year 1995 and ending with the

11 fiscal year 2000.

12 SEC. 102. INVESTIGATORS.

13 (a) AUTHORIZATION.—There are authorized to be ap14 propriated to the Department of Justice such funds as

15 may be necessary to enable the Commissioner of the Immi16 gration and Naturalization Service in fiscal year 1995 to

17 increase the number of investigators and support person18 nel to investigate potential violations of sections 274 and

19 274A of the Immigration and Nationality Act by 100.

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

21 made available to the Immigration and Naturalization

22 Service under this section shall be available for adminis-
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1 trative expenses to pay any employee overtime pay in an

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

3 PART 2—SYSTEM TO VERIFY ELIGIBILITY TO

4 WORK AND TO RECEIVE PUBLIC ASSISTANCE

5 SEC. 111. ESTABLISHMENT OF NEW VERIFICATION SYSTEM.

6 (a) IN GENERAL.—Within eight years of the enact7 ment of this Act, the Attorney General, together with the

8 Secretary of Health and Human Services, shall develop

9 and implement, subject to subsection (b), a system to ver10 ify eligibility for employment in the United States, and

11 eligibility for benefits under government-funded programs

12 of public assistance.

13 (b) SYSTEM REQUIREMENTS.—No verification sys14 tem may be implemented which does not meet the follow15 ing requirements:

16 (1) The system shall be capable of reliably de17 termining whether—

18 (A) the person with the identity claimed by

19 the individual whose eligibility is being verified

20 is in fact eligible, and

21 (B) the individual whose eligibility is being

22 verified is claiming the identity of another per23 son.

24 (2) If the system requires that document be

25 presented to or examined by either an employer or
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1 a public assistance administrator, as the case may

2 be, then the document—

3 (A) shall be in a form that is resistant to

4 counterfeiting and to tampering; and

5 (B) shall not be required by any govern6 ment entity or agency as a national identifica7 tion card or to be carried or presented except—

8 (i) to verify eligibility for employment

9 in the United States or eligibility for bene10 fits under a Government-funded program

11 of public assistance,

12 (ii) to enforce sections 1001, 1028,

13 1546, or 1621 of title 18 of the United

14 States Code, or

15 (iii) if the document was designed for

16 another purpose (such as a license to drive

17 a motor vehicle, a certificate of birth, or a

18 social security account number card issued

19 by the Social Security Administration), as

20 required under law for such other purpose.

21 (3) The system shall not be used for law en22 forcement purposes other than to enforce the Immi23 gration and Nationality Act; sections 1001, 1028,

24 1542, 1546, or 1621 of title 18 of the United States

25 Code; Federal, State, or local laws pertaining to eli-
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1 gibility Government-funded benefits described in sec2 tion 201 of this Act; or to enforce laws relating to

3 any document used by the system which was de4 signed for another purpose (such as a license to

5 drive a motor vehicle, a certificate of birth, or a so6 cial security account number card issued by the So7 cial Security Administration).

8 (4) The privacy and security of personal infor9 mation and identifiers obtained for and utilized in

10 the system must be protected in accordance with in11 dustry standards for privacy and security of con12 fidential information. No personal information ob13 tained from the system may be made available to

14 any person except to the extent necessary to the law15 ful operation of the system.

16 (5) A verification that a person is eligible for

17 employment in the United States, or for benefits

18 under a Government-funded program of public as19 sistance, may not be withheld or revoked under the

20 system for any reason other than the person is ineli21 gible under the applicable law or regulation.

22 (c) EMPLOYER SANCTIONS.—An employer shall not

23 be liable for any penalty under section 274A of the Immi24 gration and Nationality Act for employing an alien, if—
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1 (1) the alien appeared throughout the term of

2 employment to be prima facie eligible for the em3 ployment (under the requirements of section

4 274A(b) of such Act);

5 (2) the employer followed all procedures re6 quired in the verification system established in sec7 tion 111 of this Act; and

8 (3) (i) the alien was verified under such system

9 as eligible for the employment; or

10 (ii) a secondary verification procedure (as de11 scribed in section 113(d) of this Act) was conducted

12 with respect to the alien and the employer dis13 charged the alien promptly after receiving notice

14 that the secondary verification procedure had failed

15 to verify that the alien was eligible for the employ16 ment.

17 (d) RESTRICTION ON USE OF DOCUMENTS.—If the

18 Attorney General finds, by regulation, that one (or more)

19 of the documents described in section 274A(b)(1) of the

20 Immigration and Nationality Act as establishing employ21 ment authorization or identity does not reliably establish

22 the same or is being used fraudulently to an unacceptable

23 degree, the Attorney General may prohibit or place condi24 tions on its (or their) use for purposes of the verification
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1 system established in section 274A(b) of the Immigration

2 and Nationality Act or in this section.

3 SEC. 112. DEMONSTRATION PROJECTS.

4 (a) IN GENERAL.—(1) The President, acting through

5 the Attorney General, shall begin conducting projects in

6 five States demonstrating the feasibility of systems to ver7 ify eligibility for employment in the United States, and

8 for benefits under Government-funded programs of public

9 assistance. Each project shall be consistent with sub10 section (b) of section 111 of this Act and shall be con11 ducted for a period of three years in accordance with an

12 agreement entered into with the respective State. In deter13 mining which five States shall be designated for such

14 projects, the Attorney General shall take into account the

15 estimated number of excludable aliens and deportable

16 aliens in each State.

17 (2) Demonstration projects not using the

18 Database for Verifying Employment and Public As19 sistance Eligibility established in section 113 of this

20 Act must be started within six months of the date

21 of enactment of this Act.

22 (3) Demonstration projects using such

23 Database must be implemented within six months of

24 the establishment of such Database.
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1 (b) ADDITIONAL PROJECTS.—(1) The President is

2 authorized to renew agreements for demonstration

3 projects, consistent with subsection (b) of section 111 of

4 this Act. Each project conducted under such renewal

5 agreement shall be completed within three years of the re6 port required in subsection (f)(1).

7 (2) After the report required in subsection (f)(1), the

8 President is authorized to enter into additional agree9 ments for demonstration projects, consistent with sub10 section (b) of section 111 of this Act. Each project con11 ducted under such agreement shall be completed within

12 three years of such report.

13 (c) NATIONWIDE PROJECT.—Effective sixty days

14 after submission of the report described in subsection

15 (f)(1), and notwithstanding section 274A(d)(3) of the Im16 migration and Nationality Act, the President is author17 ized, subject to subsection (b) of section 401 of this Act,

18 to implement one or more of the demonstration projects,

19 in whole or in part, singly or in combination, as a nation20 wide demonstration project, to be completed within 3 years

21 of the report required in subsection (f)(1).

22 (d) CONGRESSIONAL CONSULTATION.—The Attorney

23 General shall consult with the Committees on the Judici24 ary of the House of Representatives and the Senate not

25 less than every six months from the date of enactment
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1 of this Act on the progress made in developing demonstra2 tion projects under this section.

3 (e) IMPLEMENTATION.—In carrying the projects de4 scribed in subsection (a), the President—

5 (1) shall support the efforts of Federal and

6 State government agencies in developing (A) tamper

7 and counterfeit-resistant documents that may be

8 used in the new verification system, including driv9 ers’ licenses or similar documents issued by a State

10 for the purpose of identification, the Social Security

11 account number card issued by the Social Security

12 Administration, and certificates of birth in the Unit13 ed States or establishing United States nationality

14 at birth, and (B) recordkeeping systems that would

15 reduce the fraudulent obtaining of such documents,

16 including a nationwide system to match birth and

17 death records; and

18 (2) shall, for one or more of such projects, uti19 lize the Database for Verifying Employment and

20 Public Assistance Eligibility established in section

21 113 of this Act.

22 (f) REPORTS.—(1) Within thirty-eight months of the

23 commencement of the latest-to-begin of the demonstration

24 projects conducted pursuant to subsection (a) which uti25 lizes the Database for Verifying Employment and Public
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1 Assistance Eligibility established in section 113 of this

2 Act, the President shall submit a report to Congress—

3 (A) describing the verification system the Presi4 dent recommends for permanent nationwide imple5 mentation; or

6 (B) recommending that certain of the dem7 onstration projects be renewed for up to three years,

8 or that additional projects be established in one or

9 more of the same or additional States for up to

10 three years.

11 (2) If any demonstration projects are completed after

12 the report required in subsection (f)(1), the President

13 shall submit a report to Congress within sixty days of the

14 completion of the last such project, describing the verifica15 tion system the President recommends for permanent na16 tionwide implementation.

17 (g) AUTHORIZATION OF APPROPRIATION.—There are

18 authorized to be appropriated such sums as may be nec19 essary to carry out this section.

20 SEC. 113. DATABASE FOR VERIFYING EMPLOYMENT AND

21 PUBLIC ASSISTANCE ELIGIBILITY.

22 (a) ESTABLISHMENT.—(1) Within twelve months of

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

24 shall establish the Database for Employment Authoriza25 tion Verification (referred to in this section as the
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1 ‘‘Database’’) containing information from the Immigra2 tion and Naturalization Service and the Social Security

3 Administration necessary to determine the work author4 ization of individuals residing in the United States.

5 (2) The Database may be used with demonstration

6 projects carried out under section 112 of this Act and with

7 any permanent system to verify eligibility for employment

8 in the United States or for benefits under any program

9 referred to in section 201 of this Act.

10 (b) LIMITATION ON DATA USE.—Any personal infor11 mation contained in the Database may not be made avail12 able to any Government agency, employer, or other person

13 except—

14 (1) to determine eligibility for employment in

15 the United States or for benefits under any Govern16 ment-funded program of public assistance; or

17 (2) to enforce the Immigration and Nationality

18 Act or section 1001, 1028, 1542, 1546, or 1621 of

19 title 18, United States Code.

20 (c) OFFICE OF EMPLOYMENT AND PUBLIC ASSIST21 ANCE ELIGIBILITY VERIFICATION.—(1) There is estab22 lished within the Department of Justice the Office of Em23 ployment and Public Assistance Eligibility Verification (in

24 this section referred to as the ‘‘Office’’) which shall be re25 sponsible for collecting and integrating the information
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1 necessary for the Database and for the administration of

2 the Database.

3 (2) For the purpose of establishing the Database, the

4 Office shall contract, to the extent practicable and subject

5 to the availability of appropriations, with computer serv6 ices specialists having demonstrated expertise in establish7 ment of confidential data systems and protection of pri8 vacy of individuals with respect to whom data is being col9 lected.

10 (d) SECONDARY VERIFICATION.—(1) The Adminis11 trator of Social Security and the Commissioner of Immi12 gration and Naturalization shall establish procedures for

13 prompt secondary verification of information in the

14 Database when necessary due to inability of the Database

15 to verify an individual’s eligibility for employment in the

16 United States or for benefits under a Government-funded

17 program of public assistance.

18 (2) When an individual’s assistance is required for

19 the completion of such secondary verification, the individ20 ual shall be promptly notified.

21 (e) DATA RELIABILITY.—(1) The Administrator of

22 the Office shall take all necessary steps to ensure that the

23 information in the Database is complete, accurate, verifi24 able, and revised within a period of ten business days after

25 acquisition of new or updated information provided by the
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1 Immigration and Naturalization Service or the Social Se2 curity Administration.

3 (2) The Administrator of Social Security and the

4 Commissioner of Immigration and Naturalization Service

5 shall provide such new or updated information to the Of6 fice within ten business days after acquisition by those

7 agencies.

8 (f) PRIVACY AND CIVIL LIBERTIES PROTECTIONS.—

9 (1) The privacy and security of personal information and

10 identifiers obtained for and utilized in the Database must

11 be protected in accordance with industry standards for

12 privacy and security of confidential information.

13 (2) No personal information collected pursuant to

14 this section may be made available to any person except

15 to the extent necessary—

16 (i) to establish or operate the verification sys17 tem established in section 111 of this Act or section

18 274A(b) of the Immigration and Nationality Act,

19 (ii) to administer the Social Security Act, or

20 (iii) to enforce the Immigration and Nationality

21 Act or section 1001, 1028, 1542, 1546, or 1621 of

22 title 18 of the Untied States Code.

23 (g) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated such sums as may be

25 necessary to carry out this section.
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1 (h) CERTIFICATION AND REPORTS.—(1) The Attor2 ney General shall certify to the Congress when the

3 Database is established and shall cause such certification

4 to be published in the Federal Register with a sixty-day

5 public comment period.

6 (2) Not later than three months after the date of the

7 certification under paragraph (1), the Comptroller General

8 of the United States shall submit a report to Congress

9 on the reliability of the Database.

10 (3) Not later than six months after the implementa11 tion of the Database the Attorney General and the Sec12 retary of Health and Human Services shall report to the

13 committees on the Judiciary of the House of Representa14 tives and the Senate on the feasibility and desirability of

15 utilizing the Database for the purposes set forth in section

16 121(a) of the Immigration Reform and Control Act of

17 1986.

18 PART 3—ALIEN SMUGGLING

19 SEC. 121. WIRETAP AUTHORITY FOR INVESTIGATIONS OF

20 ALIEN SMUGGLING.

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

22 amended—

23 (1) in paragraph (c), by inserting after

24 ‘‘trains)’’ the following: ‘‘, or a felony violation of

25 section 1028 (relating to production of false identi-
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1 fication documentation), section 1542 (relating to

2 false statements in passport applications), section

3 1546 (relating to fraud and misuse of visas, permits,

4 and other documents)’’;

5 (2) by striking ‘‘or’’ after paragraph (l);

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

7 (o) as paragraphs (n), (o), and (p), respectively; and

8 (4) by inserting after paragraph (1) the follow9 ing new paragraph:

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

11 Immigration and Nationality Act (relating to the smug12 gling of aliens);’’.

13 SEC. 122. ADDING OFFENSES TO RICO RELATING TO ALIEN

14 SMUGGLING OR FRAUDULENT DOCUMENTS.

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

16 amended—

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

18 States,’’;

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

20 and

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

22 ‘‘(F) any act in violation of section 1028,

23 1542, or 1546 of this title for personal financial

24 gain and section 274, 277, or 278 of the Immi25 gration and Nationality Act.’’.
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1 SEC. 123. INCREASED CRIMINAL PENALTIES FOR ALIEN

2 SMUGGLING.

3 (a) IN GENERAL.—Section 274(a) of the Immigra4 tion and Nationality Act (8 U.S.C. 1324(a)) is amended—

5 (1) in paragraph (1)(A)—

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

7 (iii);

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

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

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

11 clause:

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

13 commit any of the preceding acts, or

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

15 any of the preceding acts,’’;

16 (2) in paragraph (1)(B)—

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

18 after ‘‘(A)(i)’’;

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

20 inserting ‘‘(iv), or (v)(II)’’;

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

22 inserting ‘‘(iv), or (v)’’; and

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

24 inserting ‘‘(iv), or (v)’’; and

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

26 paragraph:
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1 ‘‘(3) Any person who hires for employment an

2 alien—

3 ‘‘(A) knowing that such alien is an unau4 thorized alien (as defined in section

5 274A(h)(3)), and

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

7 brought into the United States in violation of

8 this subsection, shall be fined under title 18,

9 United States Code, and shall be imprisoned for

10 not less than 2 years or more than 5 years.’’.

11 (b) SMUGGLING OF ALIENS WHO WILL COMMIT

12 CRIMES.—Section 274(a)(2) of the Immigration and Na13 tionality Act (8 U.S.C. 1324(a)(2)) is amended—

14 (1) in subparagraph (B)—

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

16 (ii);

17 (B) by redesignating clause (iii) as clause

18 (iv); and

19 (C) by inserting after clause (ii) the follow20 ing:

21 ‘‘(iii) an offense committed with the

22 intent or with reason to believe that the

23 alien unlawfully brought into the United

24 States will commit an offense against the
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1 United States or any State punishable by

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

3 (2) at the end thereof, by striking ‘‘be fined’’

4 and all that follows through the period and inserting

5 the following: ‘‘be fined under title 18, United States

6 Code, and shall be imprisoned not less than 3 years

7 or more than 10 years.’’.

8 SEC. 124. EXPANDED FORFEITURE FOR SMUGGLING OR

9 HARBORING ALIENS.

10 Section 274 of the Immigration and Nationality Act

11 (8 U.S.C. 1324(b)) is amended—

12 (1) by amending subsection (b)(1) to read as

13 follows:

14 ‘‘(b) SEIZURE AND FORFEITURE.—(1) Any property,

15 real or personal, which facilitates or is intended to facili16 tate, or has been used in or is intended to be used in the

17 commission of, a violation of subsection (a) or of section

18 274A(a)(1) or 274A(a)(2), or which constitutes, or is de19 rived from or traceable to, the proceeds obtained directly

20 or indirectly from a commission of a violation of sub21 section (a) or of section 274A(a)(1) or 274A(a)(2), shall

22 be subject to seizure and forfeiture, except that—

23 ‘‘(A) no property used by any person as a com24 mon carrier in the transaction of business as a com25 mon carrier shall be forfeited under the provisions of
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1 this section unless it shall appear that the owner or

2 other person in charge of such property was a con3 senting party or privy to the unlawful act;

4 ‘‘(B) no property shall be forfeited under the

5 provisions of this section by reason of any act or

6 omission established by the owner thereof to have

7 been committed or omitted by any person other than

8 such owner while such property was unlawfully in

9 the possession of a person other than the owner in

10 violation of the criminal laws of the United States

11 or of any State; and

12 ‘‘(C) no property shall be forfeited under this

13 paragraph to the extent of an interest of any owner,

14 by reason of any act or omission established by that

15 owner to have been committed or omitted without

16 the knowledge or consent of the owner, unless such

17 action or omission was committed by an employee or

18 agent of the owner, and facilitated or was intended

19 to facilitate, or was used in or intended to be used

20 in, the commission of a violation of subsection (a) or

21 of section 274A(a)(1) or 274A(a)(2) which was com22 mitted by the owner or which was intended to fur23 ther the business interests of the owner, or to confer

24 any other benefit upon the owner.’’;

25 (2) in paragraph (2)—
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1 (A) by striking ‘‘conveyance’’ both places it

2 appears and inserting ‘‘property’’; and

3 (B) by striking ‘‘is being used in’’ and in4 serting ‘‘is being used in, is facilitating, has fa5 cilitated, or was intended to facilitate’’;

6 (3) in paragraph (3)—

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

8 ‘‘(3)’’, and

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

10 ‘‘(B) Before the seizure of any real property

11 pursuant to this section, the Attorney General shall

12 provide notice and an opportunity to be heard to the

13 owner of the property. The Attorney General shall

14 prescribe such regulations as may be necessary to

15 carry out this subparagraph.’’;

16 (4) in paragraphs (4) and (5) by striking ‘‘a

17 conveyance’’ and ‘‘conveyance’’ each place such

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

19 and

20 (5) in paragraph (4) by—

21 (A) striking ‘‘or’’ at the end of subpara22 graph (C),

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

24 subparagraph (D) and inserting ‘‘; or’’, and
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1 (C) by inserting at the end the following

2 new subparagraph:

3 ‘‘(E) transfer custody and ownership of

4 forfeited property to any Federal, State, or

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

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

7 PART 4—DOCUMENT FRAUD, MISREPRESENTA8 TION, AND FAILURE TO PRESENT DOCU9 MENTS

10 SEC. 131. INCREASED CRIMINAL PENALTIES FOR FRAUDU11 LENT USE OF GOVERNMENT-ISSUED DOCU12 MENTS.

13 (a) FRAUD AND MISUSE OF GOVERNMENT-ISSUED

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

15 title 18, United States Code, is amended by striking ‘‘five

16 years’’ and inserting ‘‘10 years’’.

17 (b) CHANGES TO THE SENTENCING LEVELS.—Pur18 suant to section 944 of title 28, United States Code, and

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

20 States Sentencing Commission shall promulgate guide21 lines, or amend existing guidelines, relating to defendants

22 convicted of violating, or conspiring to violate, sections

23 1546(a) and 1028(a) of title 18, United States Code. The

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

25 States Sentencing Guidelines shall be increased to—
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1 (1) not less than offense level 15 if the offense

2 involved 100 or more documents;

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

4 involved 1,000 or more documents, or if the docu5 ments were used to facilitate any other criminal ac6 tivity described in section 212(a)(2)(A)(i)(II) of the

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

8 1182(a)(A)(i)(II)) or in section 101(a)(43) of such

9 Act, as amended by this Act; and

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

11 involved—

12 (A) the provision of documents to a person

13 known or suspected of engaging in a terrorist

14 activity (as such terms are defined in section

15 212(a)(3)(B) of the Immigration and National16 ity Act (8 U.S.C. 1182(a)(3)(B));

17 (B) the provision of documents to facilitate

18 a terrorist activity or to assist a person to en19 gage in terrorist activity (as such terms are de20 fined in section 212(a)(3)(B) of the Immigra21 tion and Nationality Act (8 U.S.C.

22 1182(a)(3)(B)); or

23 (C) the provision of documents to persons

24 involved in racketeering enterprises (as such
25

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1 acts or activities are defined in section 1952 of

2 title 18, United States Code).

3 SEC. 132. NEW CIVIL PENALTIES FOR DOCUMENT FRAUD.

4 (a) ACTIVITIES PROHIBITED.—Section 274C(a) of

5 the Immigration and Nationality Act (8 U.S.C. 1324c(a))

6 is amended—

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

8 (3);

9 (2) by striking the period and inserting ‘‘, or’’

10 at the end of paragraph (4); and

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

12 paragraph:

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

14 information is false or does not relate to the appli15 cant, to prepare, to file, or to assist another in pre16 paring or filing, documents which are falsely made

17 (including but not limited to documents which con18 tain false information, contain material misrepresen19 tations, or information which does not relate to the

20 applicant) for the purpose of satisfying a require21 ment of this Act.’’.

22 (b) CONFORMING AMENDMENTS FOR CIVIL PEN23 ALTIES.—Section 274C(d)(3) of the Immigration and Na24 tionality Act (8 U.S.C. 1324c(d)(3)) is amended by strik25 ing ‘‘each document used, accepted, or created and each
26

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1 instance of use, acceptance, or creation’’ each of the two

2 places it appears and inserting ‘‘each instance of a viola3 tion under subsection (a)’’.

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

5 DOCUMENTS.

6 Section 274C(a) (8 U.S.C. 1324c(a)), as amended by

7 section 132 of this Act, is further amended—

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

9 (4);

10 (2) by striking the period at the end of para11 graph (5) and inserting ‘‘; or’’; and

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

13 paragraph:

14 ‘‘(6) to present before boarding a common car15 rier for the purpose of coming to the United States

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

17 enter the United States and to fail to present such

18 document to an immigration officer upon arrival at

19 a United States port of entry.

20 The Attorney General may, in his or her discretion, waive

21 the penalties of this section with respect to an alien who

22 knowingly violates paragraph (6) if the alien is granted

23 asylum under section 208 or withholding of deportation

24 under section 243(h).’’.
27

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1 SEC. 134. NEW CRIMINAL PENALTIES FOR FAILURE TO DIS2 CLOSE ROLE AS PREPARER OF FALSE APPLI3 CATION FOR ASYLUM AND FOR PREPARING

4 CERTAIN POST-CONVICTION APPLICATIONS.

5 Section 274C of the Immigration and Nationality Act

6 (8 U.S.C. 1324c) is amended by adding at the end the

7 following new subsection:

8 ‘‘(e) CRIMINAL PENALTIES FOR FAILURE TO DIS9 CLOSE ROLE AS DOCUMENT PREPARER.—(1) Whoever, in

10 any matter within the jurisdiction of the Service under

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

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

13 on behalf of any person and for a fee or other remunera14 tion, prepared or assisted in preparing an application

15 which was falsely made (as defined in section 274C(a))

16 for immigration benefits pursuant to section 208 of this

17 Act, or the regulations promulgated thereunder, shall be

18 guilty of a felony and shall be fined in accordance with

19 title 18, United States Code, imprisoned for not less than

20 2 nor more than 5 years, or both, and prohibited from

21 preparing or assisting in preparing, regardless of whether

22 for a fee or other remuneration, any other such applica23 tion.

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

25 of section 274C(e) of the Immigration and Nationality

26 Act, knowingly and willfully prepares or assists in prepar-
28

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1 ing an application for immigration benefits pursuant to

2 this Act, or the regulations promulgated thereunder, re3 gardless of whether for a fee or other remuneration and

4 regardless of whether in any matter within the jurisdiction

5 of the Service under section 208 of this Act, shall be guilty

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

7 United States Code, imprisoned for not less than 5 years

8 or more than 15 years, or both, and prohibited from pre9 paring or assisting in preparing any other such applica10 tion.’’.

11 SEC. 135. CRIMINAL PENALTY FOR FALSE STATEMENT IN A

12 DOCUMENT REQUIRED UNDER THE IMMIGRA13 TION LAWS OR KNOWINGLY PRESENTING

14 DOCUMENT WHICH FAILS TO CONTAIN REA15 SONABLE BASIS IN LAW OR FACT.

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

17 United States Code, is amended to read as follows:

18 ‘‘Whoever knowingly makes under oath, or as per19 mitted under penalty of perjury under section 1746 of title

20 28, United States Code, knowingly subscribes as true, any

21 false statement with respect to a material fact in any ap22 plication, affidavit, or other document required by the im23 migration laws or regulations prescribed thereunder, or

24 knowingly presents any such application, affidavit, or

25 other document which contains any such false statement
29

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

2 fact—’’.

3 SEC. 136. NEW EXCLUSION FOR DOCUMENT FRAUD AND

4 FOR FAILURE TO PRESENT DOCUMENTS.

5 Section 212(a)(6)(C) of the Immigration and Nation6 ality Act (8 U.S.C. 1182(a)(6)(C)) is amended—

7 (1) by striking ‘‘(C) Misrepresentation’’ and in8 serting the following:

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

10 to present documents’’; and

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

12 clause:

13 ‘‘(iii) Fraud, misrepresentation, and

14 failure to present documents.—

15 ‘‘(I) Any alien who, in seeking

16 entry to the United States or board17 ing a common carrier for the purpose

18 of coming to the United States, pre19 sents any document which, in the de20 termination of the immigration offi21 cer, is forged, counterfeit, altered,

22 falsely made, stolen, or inapplicable to

23 the person presenting the document,

24 or otherwise contains a misrepresenta25 tion of a material fact, is excludable.
30

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1 ‘‘(II) Any alien who is required

2 to present a document relating to the

3 alien’s eligibility to enter the United

4 States prior to boarding a common

5 carrier for the purpose of coming to

6 the United States and who fails to

7 present such document to an immi8 gration officer upon arrival at a port

9 of entry into the United States is ex10 cludable.’’.

11 SEC. 137. LIMITATION ON WITHHOLDING OF DEPORTATION

12 AND OTHER BENEFITS FOR ALIENS EXCLUD13 ABLE FOR DOCUMENT FRAUD OR FAILING TO

14 PRESENT DOCUMENTS.

15 (a) Section 235 of the Immigration and Nationality

16 Act (8 U.S.C. 1225) is amended by adding at the end the

17 following new subsection:

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

19 not been admitted to the United States, and who is exclud20 able under section 212(a)(6)(C)(iii), is ineligible for with21 holding of deportation pursuant to section 243(h), and

22 may not apply therefor or for any other relief under this

23 Act, except that an alien found to have a credible fear

24 of persecution or of return to persecution in accordance

25 with section 208(e) shall be taken before a special inquiry
31

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1 officer for exclusion proceedings in accordance with sec2 tion 236 and may apply for asylum, withholding of depor3 tation, or both, in the course of such proceedings.

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

5 been found ineligible to apply for asylum under section

6 208(e) may be returned under the provisions of this sec7 tion only to a country in which (or from which) he or she

8 has no credible fear of persecution (or of return to perse9 cution). If there is no country to which the alien can be

10 returned in accordance with the provisions of this para11 graph, the alien shall be taken before a special inquiry

12 officer for exclusion proceedings in accordance with sec13 tion 236 and may apply for asylum, withholding of depor14 tation, or both, in the course of such proceedings.

15 (b) Section 237(a) of the Immigration and National16 ity Act (8 U.S.C. 1227(a)) is amended—

17 (1) in the second sentence of paragraph (1) by

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

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

20 (2) in the first sentence of paragraph (2) by

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

22 235(d)(2), if’’.
32

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1 SEC. 138. DEFINITION OF ‘‘FALSELY MAKE ANY DOCU2 MENT’’.

3 Section 274C(a) of the Immigration and Nationality

4 Act (8 U.S.C. 1324c), as amended by sections 132 and

5 133 of this Act, is further amended by inserting at the

6 end the following new sentence: ‘‘For the purposes of this

7 subsection, the phrase ‘falsely make any document’ in8 cludes the preparation or provision of any application for

9 benefits under this Act, with knowledge or in reckless dis10 regard of the fact that such application contains a false,

11 fictitious, or fraudulent statement or material representa12 tion, or has no basis in law or fact, or otherwise fails to

13 state a fact pertaining to the applicant which is material

14 to whether the application should be approved.’’.

15 PART 5—EXCLUSION AND DEPORTATION

16 SEC. 141. SPECIAL PORT-OF-ENTRY EXCLUSION PROCE17 DURE FOR ALIENS USING DOCUMENTS

18 FRAUDULENTLY OR FAILING TO PRESENT

19 DOCUMENTS, OR EXCLUDABLE ALIENS AP20 PREHENDED AT SEA.

21 Section 235 of the Immigration and Nationality Act

22 (8 U.S.C. 1225), as amended by sections 137 and 148

23 of this Act, is further amended by adding at the end the

24 following new subsection:

25 ‘‘(e)(1)(A) Subject to paragraph (d)(2), any alien (in26 cluding an alien crewman) who may appear to the examin-
33

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1 ing immigration officer or to the special inquiry officer

2 during the examination before either of such officers to

3 be excludable under section 212(a)(6)(C)(iii) of the Immi4 gration and Nationality Act may be ordered specially ex5 cluded and deported by the Attorney General, either by

6 a special inquiry officer or otherwise; or

7 ‘‘(B) Subject to paragraph (d)(2), any alien (includ8 ing an alien crewman) who was brought to the United

9 States in the manner described in subsection (d)(3) and

10 who may appear to an examining immigration officer to

11 be excludable may be ordered specially excluded and de12 ported by the Attorney General without any further in13 quiry, either by a special inquiry officer or otherwise.

14 ‘‘(2) Such special exclusion order is not subject to

15 administrative appeal, except that the Attorney General

16 shall provide by regulation for prompt review of such an

17 order against an applicant who claims under oath, or as

18 permitted under penalty of perjury under section 1746 of

19 title 28, United States Code, after having been warned

20 of the penalties for falsely making such claim under such

21 conditions, to have been lawfully admitted for permanent

22 residence.

23 ‘‘(3) A special exclusion order entered in accordance

24 with the provisions of this subsection shall have the same

25 effect as if the alien had been ordered excluded and de-
34

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1 ported pursuant to section 236, except that judicial review

2 of such an order shall be available only under section 106.

3 ‘‘(4) Nothing in this subsection shall be regarded as

4 requiring an inquiry before a special inquiry officer in the

5 case of an alien crewman.’’.

6 SEC. 142. LIMITED JUDICIAL REVIEW.

7 (a) PRECLUSION OF JUDICIAL REVIEW.—Section

8 106 of the Immigration and Nationality Act (8 U.S.C.

9 1105a) is amended—

10 (1) by amending the section heading to read as

11 follows: ‘‘judicial review of orders of deportation and

12 exclusion, and special exclusion’’; and

13 (2) by adding at the end the following new sub14 section:

15 ‘‘(d)(1) Notwithstanding any other provision of law,

16 and except as provided in this subsection, no court shall

17 have jurisdiction to review any individual determination,

18 or to entertain any other cause or claim, arising from or

19 relating to the implementation or operation of sections

20 208(e), 212(a)(6)(C)(iii), 235(d), and 235(e). Regardless

21 of the nature of the action or claim, or the party or parties

22 bringing the action, no court shall have jurisdiction or au23 thority to enter declaratory, injunctive, or other equitable

24 relief not specifically authorized in this subsection, nor to
35

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1 certify a class under Rule 23 of the Federal Rules of Civil

2 Procedure.

3 ‘‘(2) Judicial review of any cause, claim, or individual

4 determination covered under paragraph (d)(1) shall only

5 be available in habeas corpus proceedings, and shall be

6 limited to determinations of—

7 ‘‘(A) whether the petitioner is an alien, if the

8 petitioner makes a showing that his or her claim of

9 United States nationality is not frivolous;

10 ‘‘(B) whether the petitioner was ordered spe11 cially excluded; and

12 ‘‘(C) whether the petitioner can prove by a pre13 ponderance of the evidence that he or she is an alien

14 lawfully admitted for permanent residence and is en15 titled to such further inquiry as is prescribed by the

16 Attorney General pursuant to section 235(e)(2).

17 ‘‘(3) In any case where the court determines that an

18 alien was not ordered specially excluded, or was not prop19 erly subject to special exclusion under the regulations

20 adopted by the Attorney General, the court may order no

21 relief beyond requiring that the alien receive a hearing in

22 accordance with section 236, or a determination in accord23 ance with section 235(c) or 273(d). Any alien excludable

24 under section 212(a)(6)(C)(iii) who receives a hearing

25 under section 236, whether by order of court or otherwise,
36

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1 may thereafter obtain judicial review of any resulting final

2 order of exclusion pursuant to subsection (b).

3 ‘‘(4) In determining whether an alien has been or4 dered specially excluded, the court’s inquiry shall be lim5 ited to whether such an order was in fact issued and

6 whether it relates to the petitioner. There shall be no re7 view of whether the alien is actually excludable under sec8 tion 212(a)(6)(C)(iii) or entitled to any relief from exclu9 sion.’’.

10 (b) PRECLUSION OF COLLATERAL ATTACKS.—Sec11 tion 235 of the Immigration and Nationality Act (8 U.S.C.

12 1225), as amended by sections 137, 141, and 148 of this

13 Act, is further amended by adding at the end the following

14 new subsection:

15 ‘‘(f) In any action brought for the assessment of pen16 alties for improper entry or re-entry of an alien under sec17 tions 275 and 276 of the Immigration and Nationality

18 Act, no court shall have jurisdiction to hear claims collat19 erally attacking the validity of orders of exclusion, special

20 exclusion, or deportation entered under sections 235, 236,

21 and 242 of the Immigration and Nationality Act.’’.

22 SEC. 143. REDUCTION OF INCENTIVE TO DELAY DEPORTA23 TION PROCEEDINGS.

24 Section 212(c) of the Immigration and Nationality

25 Act (8 U.S.C. 1182(c)) is amended—
37

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1 (1) by redesignating subsection (c) as sub2 section (c)(1); and

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

4 ‘‘(2) The seven-year period described in paragraph

5 (1) shall not include any period beginning after the alien

6 has received an order to show cause issued under section

7 242 or 242B.’’.

8 SEC. 144. CIVIL PENALTY FOR FAILURE TO DEPART.

9 (A) IN GENERAL.—Section 274C of the Immigration

10 and Nationality Act (8 U.S.C. 1342c) is amended—

11 (1) by amending the section heading to read as

12 follows: ‘‘PENALTIES FOR DOCUMENT

13 FRAUD, FAILURE TO DEPART, AND

14 FAILURE TO PRESENT DOCUMENTS’’;

15 (2) in subsection (a)—

16 (A) by striking ‘‘or’’ at the end of para17 graph (3);

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

19 paragraph (4) and inserting ‘‘; or’’; and

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

21 paragraph:

22 ‘‘(5) if such person is an alien—

23 ‘‘(A) to fail or refuse to depart from the

24 United States by the date that any final,
38

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1 unappealable order (as defined in subsection

2 (e)) become effective against such person; or

3 ‘‘(B) to fail or refuse to voluntarily depart

4 the United States by the date granted by the

5 Attorney General in lieu of a final,

6 unappealable order of deportation,’’;

7 (3) in subsection (c), by inserting before the pe8 riod the following: ‘‘or in section 237 or section 242

9 of this Act’’;

10 (4) in subsection (d)(3)—

11 (A) by striking ‘‘or’’ at the end of subpara12 graph (A);

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

14 subparagraph (B) and inserting ‘‘, or’’; and

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

16 subparagraph:

17 ‘‘(C) up to $500 for each day that an alien

18 is in violation of subsection (a)(5)’’; and

19 (5) by inserting at the end the following new

20 subsection:

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

22 the term ‘final, unappealable order of deportation’ means

23 any order of exclusion and deportation or deportation is24 sued by the Attorney General which has not been adminis25 tratively or judicially appealed within the deadlines estab-
39

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1 lished by this Act or regulations thereunder, or any such

2 order the judicial appeal of which has been denied.’’.

3 (b) AMENDMENT TO THE TABLE OF CONTENTS.—

4 The table of contents for the Immigration and Nationality

5 Act is amended by amending the item relating to section

6 274C to read as follows:

‘‘Sec. 274C. Penalties for document fraud, failure to depart, and failure to

present documents.’’.

7 SEC. 145. AUTHORIZATION OF SPECIAL FUND FOR COSTS

8 OF DEPORTATION.

9 In addition to any other funds otherwise authorized

10 to be appropriated in any fiscal year for the purpose de11 scribed in this section, there are authorized to be appro12 priated to the Immigration and Naturalization Service

13 $10,000,000 for use without fiscal year limitation for the

14 purpose of—

15 (1) executing final orders of deportation pursu16 ant to sections 242 and 242A of the Immigration

17 and Nationality Act (8 U.S.C. 1252); and

18 (2) detaining aliens prior to the execution of

19 final orders issued under such sections.

20 SEC. 146. REFORM OF DEPORTATION PROCEEDINGS AND

21 JUDICIAL REVIEW.

22 (a) LANGUAGE OF ORDER TO SHOW CAUSE.—Sec23 tion 242B of the Immigration and Nationality Act (8

24 U.S.C. 1252b) is amended in subsection (a)(3) by striking
40

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1 ‘‘under this subsection’’ and all that follows through ‘‘(B)’’

2 and inserting ‘‘under this subsection’’.

3 (b) PRIVILEGE OF COUNSEL.—(1) Section

4 242B(b)(1) of such Act (8 U.S.C. 1252(b)(1)) is amended

5 by inserting before the period at the end the following:

6 ‘‘, except that a hearing may be scheduled as early as 3

7 days after the service of the order to show cause if the

8 alien has been continued in custody subject to section

9 242’’.

10 (2) The parenthetical phrase in section 292 of such

11 Act (8 U.S.C. 1362) is amended to read as follows: ‘‘(at

12 no expense to the Government or unreasonable delay to

13 the proceedings)’’.

14 (3) Section 242B(b) of such Act is further amended

15 by inserting at the end the following new paragraph:

16 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in

17 this subsection may be construed to prevent the At18 torney General from proceeding against an alien

19 pursuant to section 242 if the time period described

20 in paragraph (1) has elapsed and the alien has failed

21 to secure counsel.’’.

22 (c) JUDICIAL REVIEW.—Section 106(a) of such Act

23 (8 U.S.C. 1105a(a)) is amended by amending paragraph

24 (1) to read as follows:
41

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1 ‘‘(1)(A) a petition for review may be filed not

2 later than thirty days after the date of the issuance

3 of the final deportation order, or, in the case of an

4 alien convicted of an aggravated felony, not later

5 than fifteen days after the issuance of such order;

6 ‘‘(B) the alien shall serve and file a brief not

7 later than forty days after the date on which the ad8 ministrative record is available, and may serve and

9 file a reply brief not later than fourteen days after

10 service of the brief of the Attorney General, and the

11 court may not extend these deadlines except upon

12 motion for good cause shown; and

13 ‘‘(C) if an alien fails to file a brief within the

14 time provided in this paragraph, the Attorney Gen15 eral may move to dismiss the appeal, and the court

16 shall grant such motion unless a manifest injustice

17 would result;’’.

18 SEC. 147. DENIAL OF NONIMMIGRANT AND IMMIGRANT

19 VISAS FOR COUNTRIES REFUSING TO AC20 CEPT DEPORTED ALIENS.

21 Section 243(g) of the Immigration and Nationality

22 Act (8 U.S.C. 1253(g)) is amended by inserting ‘‘and non23 immigrant’’ after ‘‘immigrant’’.
42

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1 SEC. 148. LIMITATION ON WITHHOLDING OF DEPORTATION

2 FOR EXCLUDABLE ALIENS APPREHENDED AT

3 SEA.

4 Section 235 of the Immigration and Nationality Act

5 (8 U.S.C. 1225), as amended by section 137 of this Act,

6 is further amended in subsection (d)—

7 (1) by inserting in paragraph (1), after the

8 words ‘‘section 212(a)(6)(C)(iii)’’, the following: ‘‘or

9 who is an alien described in paragraph (3),’’; and

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

11 paragraph:

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

13 212(a), and who has been brought or escorted under

14 the authority of the United States—

15 ‘‘(A) into the United States, having been

16 on board a vessel encountered seaward of the

17 territorial sea by officers of the United States,

18 or

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

20 board a vessel encountered within the territorial

21 sea or internal waters of the United States,

22 shall either be detained on board the vessel on

23 which such person arrived or in such facilities

24 as are designated by the Attorney General or

25 paroled in the discretion of the Attorney Gen26 eral pursuant to section 212(d)(5) pending ac-
43

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1 complishment of the purpose for which the per2 son was brought or escorted into the United

3 States or to the port of entry, except that no

4 alien shall be detained on board a public vessel

5 of the United States without the concurrence of

6 the head of the department under whose au7 thority the vessel is operating.’’.

8 PART 6—MISCELLANEOUS

9 SEC. 151. PILOT PROGRAM ON INTERIOR REPATRIATION

10 OF DEPORTABLE OR EXCLUDABLE ALIENS.

11 (a) ESTABLISHMENT.—Not later than one hundred

12 and twenty days after the date of enactment of this Act,

13 the Attorney General, after consultation with the Sec14 retary of State, shall establish a pilot program for up to

15 two years which provides for methods to deter multiple

16 unauthorized entries by aliens into the United States. The

17 pilot program may include the development and use of in18 terior repatriation, third country repatriation, and other

19 disincentives for multiple unlawful entries into the United

20 States.

21 (b) REPORT.—Not later than thirty-five months after

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

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

24 to the Committees on the Judiciary of the House of Rep25 resentatives and of the Senate on the operation of the pilot
44

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1 program under this section and whether the pilot program

2 or any part thereof should be extended or made perma3 nent.

4 SEC. 152. PILOT PROGRAM ON USE OF CLOSED MILITARY

5 BASES FOR THE DETENTION OF EXCLUDABLE

6 OR DEPORTABLE ALIENS.

7 (a) ESTABLISHMENT.—The Attorney General and

8 the Secretary of Defense shall establish a pilot program

9 for up to two years to determine the feasibility of the use

10 of military bases available through the defense base clo11 sure and realignment process as detention centers for the

12 Immigration and Naturalization Service.

13 (b) REPORT.—Not later than thirty-five months after

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

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

16 to the Committees on the Judiciary of the House of Rep17 resentatives and of the Senate, and the Committees on

18 Armed Services of the House of Representatives and of

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

20 through the defense base closure and realignment process

21 as detention centers by the Immigration and Naturaliza22 tion Service.
45

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1 SEC. 153. USE OF LEGALIZATION AND SPECIAL AGRICUL2 TURAL WORKER INFORMATION.

3 (a) CONFIDENTIALITY OF INFORMATION.—Section

4 245A(c)(5)(C) of the Immigration and Nationality Act (8

5 U.S.C. 1255a(c)(5)(C)) is amended by amending the text

6 after subparagraph (C) to read as follows: ‘‘except that

7 the Attorney General shall provide information furnished

8 under this section when such information is requested in

9 writing by a duly recognized law enforcement entity in

10 connection with a criminal investigation or prosecution, or

11 to an official coroner for purposes of affirmatively identify12 ing a deceased individual (whether or not such individual

13 is deceased as a result of a crime), and the Attorney Gen14 eral may provide, in the Attorney General’s discretion, for

15 the furnishing of information furnished under this section

16 in the same manner and circumstances as census informa17 tion may be disclosed by the Secretary of Commerce under

18 section 8 of title 13, United States Code. Anyone who

19 uses, publishes, or permits information to be examined in

20 violation of this paragraph shall be fined in accordance

21 with title 18, United States Code, or imprisoned not more

22 than five years, or both.’’.

23 (b) SPECIAL AGRICULTURAL WORKERS.—Section

24 210(b)(6)(C) of such Act (8 U.S.C. 1160(b)(6)(C)) is

25 amended—
46

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1 (1) by striking the period at the end of sub2 paragraph (C) and inserting a comma; and

3 (2) by adding in full measure margin after sub4 paragraph (C) the following: ‘‘except that the Attor5 ney General shall provide information furnished

6 under this section when such information is re7 quested in writing by a duly recognized law enforce8 ment entity in connection with a criminal investiga9 tion or prosecution, or to an official coroner for pur10 poses of affirmatively identifying a deceased individ11 ual (whether or not such individual is deceased as a

12 result of a crime).’’.

13 SEC. 154. COMMUNICATION BETWEEN FEDERAL, STATE,

14 AND LOCAL GOVERNMENT AGENCIES, AND

15 THE IMMIGRATION AND NATURALIZATION

16 SERVICE.

17 Notwithstanding any other provision of Federal,

18 State, or local law, no Federal, State, or local government

19 entity shall prohibit, or in any way restrict, any govern20 ment entity or any official within its jurisdiction from

21 sending to or receiving from the Immigration and Natu22 ralization Service information regarding the immigration

23 status, lawful or unlawful, of an alien in the United

24 States.
47

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1 Subtitle B—Other Control Measures

2 PART 1—PAROLE AUTHORITY

3 SEC. 161. USEABLE ONLY ON A CASE-BY-CASE BASIS FOR

4 HUMANITARIAN REASONS OR SIGNIFICANT

5 PUBLIC BENEFIT.

6 Section 212(d)(5) of the Immigration and Nationality

7 Act (8 U.S.C. 1182(d)(5)) is amended—

8 (1) by redesignating subparagraph (A) as sub9 paragraph (A)(i);

10 (2) in subparagraph (A)(i) (as so redesignated),

11 by striking ‘‘emergent reasons or for reasons deemed

12 strictly in the public interest’’ and inserting ‘‘on a

13 case-by-case for urgent humanitarian reasons or sig14 nificant public benefit’’.

15 SEC. 162. INCLUSION IN WORLD-WIDE LEVEL OF FAMILY16 SPONSORED IMMIGRANTS.

17 Section 201(c) of the Immigration and Nationality

18 Act (8 U.S.C. 1151(c)) is amended—

19 (1) by amending paragraph (1)(A)(ii) to read

20 as follows:

21 ‘‘(ii) the sum of the number computed under

22 paragraph (2) and the number computed under

23 paragraph (4), plus’’; and

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

25 paragraph:
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1 ‘‘(4) The number computed under this paragraph for

2 a fiscal year is the number of aliens who were paroled into

3 the United States under section 212(d)(5) in the two pre4 vious fiscal years and who as of the last day of the pre5 vious fiscal year had not departed from the United States

6 within 365 days.’’.

7 PART 2—ASYLUM AND REFUGEES

8 SEC. 171. LIMITATIONS ON ASYLUM APPLICATIONS BY

9 ALIENS USING DOCUMENTS FRAUDULENTLY

10 OR BY EXCLUDABLE ALIENS APPREHENDED

11 AT SEA; USE OF SPECIAL EXCLUSION PROCE12 DURES.

13 Section 208 of the Immigration and Nationality Act

14 (8 U.S.C. 1158) is amended by adding at the end the fol15 lowing new subsection:

16 ‘‘(e)(1) Notwithstanding subsection (a), any alien

17 who, in seeking entry to the United States or boarding

18 a common carrier for the purpose of coming to the United

19 States, presents any document which, in the determination

20 of the immigration officer, is fraudulent, forged, stolen,

21 or inapplicable to the person presenting the document, or

22 otherwise contains a misrepresentation of a material fact,

23 may not apply for or be granted asylum, unless presen24 tation of the document was necessary for direct departure
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1 from a country in which (or from which) the alien has

2 a credible fear of persecution (or of return to persecution).

3 ‘‘(2) Notwithstanding subsection (a), an alien who

4 boards a common carrier for the purpose of coming to the

5 United States through the presentation of any document

6 which relates or purports to relate to the alien’s eligibility

7 to enter the United States, and who fails to present such

8 document to an immigration officer upon arrival at a port

9 of entry into the United States, may not apply for or be

10 granted asylum, unless presentation of such document was

11 necessary to direct departure from a country in which (or

12 from which) the alien has a credible fear of persecution

13 (or of return to persecution).

14 ‘‘(3) Notwithstanding subsection (a), an alien de15 scribed in section 235(d)(3) may not apply for or be grant16 ed asylum, unless the person departed directly from a

17 country in which (or from which) the alien has a credible

18 fear of persecution (or of return to persecution).

19 ‘‘(4) Notwithstanding paragraphs (1), (2), and (3),

20 the Attorney General may, under extraordinary cir21 cumstances, permit an alien described in paragraph (1),

22 (2), or (3) to apply for asylum.

23 ‘‘(5)(A) When an immigration officer has determined

24 that an alien has sought entry under either of the cir25 cumstances described in paragraph (1) or (2), or is an
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1 alien described in section 235(d)(3), and the alien has in2 dicated a desire to apply for asylum, the immigration offi3 cer shall refer the matter to an asylum officer who shall

4 interview the alien to determine whether presentation of

5 the document was necessary to direct departure from a

6 country in which (or from which) the alien has a credible

7 fear of persecution (or of return to persecution), or in the

8 case of an alien described in section 235(d)(3), whether

9 the alien had directly departed from such a country.

10 ‘‘(B) If the officer determines that the alien does not

11 have a credible fear of persecution or of return to persecu12 tion in (or from) the country in which the alien was last

13 present prior to attempting entry into the United States,

14 or arriving in the United States or a port of entry under

15 the circumstances described in section 235(d)(3), the alien

16 may be specially excluded and deported in accordance with

17 section 235(e).

18 ‘‘(C) The Attorney General shall provide by regula19 tion for the prompt supervisory review of a determination

20 under subparagraph (B) that an alien does not have a

21 credible fear of persecution or of return to persecution in

22 (or from) the country in which the alien was last present.

23 ‘‘(D) The Attorney General shall provide information

24 concerning the procedure described in this paragraph to

25 persons who may be eligible. An alien who is eligible for
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1 such procedure pursuant to subparagraph (A) may consult

2 with a person or persons of his or her choosing prior to

3 the procedure or any review thereof, according to regula4 tions prescribed by the Attorney General. Such consulta5 tion shall be at no expense to the Government and shall

6 not delay the process.

7 ‘‘(6) As used in this section, the term ‘credible fear

8 of persecution (or of return to persecution)’ means—

9 ‘‘(A) it is more probable than not that the

10 statements made by the alien in support of his or

11 her claim are true; and

12 ‘‘(B) there is a significant possibility, in light of

13 such statements and of such other facts as are

14 known to the officer about country conditions, that

15 the alien could establish eligibility as a refugee with16 in the meaning of section 101(a)(42)(A) with respect

17 to the country from which the alien has directly de18 parted (or a country to which the alien is likely to

19 be returned without access to a full and fair proce20 dure for determining refugee status).

21 ‘‘(7) As used in this subsection, the term ‘asylum offi22 cer’ means an immigration officer who—

23 ‘‘(A) has had professional training in country

24 conditions, asylum law, and interview techniques;

25 and
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1 ‘‘(B) is supervised by an officer who meets the

2 condition in subparagraph (A).’’.

3 SEC. 172. LIMITATION ON WORK AUTHORIZATION FOR ASY4 LUM APPLICANTS.

5 Section 208 of the Immigration and Nationality Act

6 (8 U.S.C. 1158) is amended by inserting the following new

7 subsection:

8 ‘‘(f) An applicant for asylum may not engage in em9 ployment in the United States except pursuant to this sub10 section. The Attorney General may deny any application

11 for, or suspend or place conditions on any grant of, au12 thorization to engage in employment in the United States

13 to any alien who makes an application under this section.

14 SEC. 173. INCREASED RESOURCES FOR REDUCING ASYLUM

15 APPLICATION BACKLOGS.

16 (a) PURPOSE AND PERIOD OF AUTHORIZATION.—

17 For the purpose of reducing the number of applications

18 pending under sections 208 and 243(h) of the Immigra19 tion and Nationality Act (8 U.S.C. 1158 and 8 U.S.C.

20 1253) as of the date of enactment of this Act, the Attor21 ney General shall have the authority described in sub22 sections (b) and (c) for a period of two years, beginning

23 ninety days after the date of enactment of this Act.

24 (b) PROCEDURES FOR PROPERTY ACQUISITION ON

25 LEASING.—Notwithstanding the Federal Property and
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1 Administrative Services Act of 1949 (40 U.S.C. 471 et

2 seq.), the Attorney General is authorized to expend out

3 of funds made available to the Department of Justice for

4 the administration of the Immigration and Nationality Act

5 such amounts as may be necessary for the leasing or ac6 quisition of property to carry out the purpose described

7 in subsection (a).

8 (c) USE OF FEDERAL RETIREES.—(1) In order to

9 carry out the purpose described in subsection (a), the At10 torney General may employ temporarily not more than

11 three hundred persons who, by reason of retirement on

12 or before January 1, 1993, are receiving—

13 (A) annuities under the provisions of sub14 chapter III of chapter 83 of title 5, United States

15 Code, or chapter 84 of such title;

16 (B) annuities under any other retirement sys17 tem for employees of the Federal Government; or

18 (C) retired or retainer pay as retired officers of

19 regular components of the uniformed services.

20 (2) In the case of a person retired under the provi21 sions of subchapter III of chapter 83 of title 5, United

22 States Code—

23 (A) no amounts may be deducted from the per24 son’s pay,
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1 (B) the annuity of such person may not be ter2 minated,

3 (C) payment of annuity to such person may not

4 be discontinued, and

5 (D) the annuity of such person may not be re6 computed, under section 8344 of such title by reason

7 of temporary employment authorized in paragraph

8 (1).

9 (3) In the case of a person retired under the provi10 sions of chapter 84 of title 5, United States Code—

11 (A) no amounts may be deducted from the per12 son’s pay,

13 (B) contributions to the Civil Service Retire14 ment and Disability Fund may not be made, and

15 (C) the annuity of such person may not be re16 computed, under section 8468 of such title by reason

17 of temporary employment authorized in paragraph

18 (1).

19 (4) The retired or retainer pay of a retired officer

20 of a regular component of a uniformed service may not

21 be reduced under section 5532 of title 5, United States

22 Code, by reason of temporary employment authorized in

23 paragraph (1).

24 (5) The President shall apply the provisions of para25 graphs (2) and (3) to persons referred to in paragraph
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1 (1)(B) in the same manner and to the same extent as such

2 provisions apply to persons referred to in paragraph

3 (1)(A).

4 SEC. 174. REQUIREMENT OF CONGRESSIONAL APPROVAL

5 FOR ADMISSION OF MORE THAN 50,000 REFU6 GEES IN A FISCAL YEAR.

7 Section 207(a)(2) of the Immigration and Nationality

8 Act (8 U.S.C. 1157(a)(2)) is amended—

9 (1) by inserting ‘‘(A)’’ immediately after ‘‘(2)’’;

10 (2) by inserting ‘‘in subparagraph (B) and’’

11 after ‘‘provided’’; and

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

13 ‘‘(B) The number of refugees admitted in

14 any fiscal year may not exceed 50,000 unless

15 Congress enacts a bill or joint resolution specifi16 cally authorizing a greater number.’’.

17 PART 3—CUBAN ADJUSTMENT ACT

18 SEC. 181. REPEAL.

19 Public Law 89–73, as amended, is hereby repealed.

20 Subtitle C—Effective Dates

21 SEC. 191. EFFECTIVE DATES.

22 (a) PROVISIONS TAKING EFFECT UPON ENACT23 MENT.—Except as otherwise provided in this title and

24 subject to subsection (b), this title and the amendments

25 made by this title shall take effect on the date of the en-
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1 actment of this Act, and apply beginning in fiscal year

2 1995.

3 (b) OTHER EFFECTIVE DATES.—(1)(A) The amend4 ments made by sections 136, 137, 141, 142, 148, and 171

5 shall be effective upon the date of enactment of this Act,

6 and shall apply to aliens who arrive in or seek admission

7 to the United States on or after such date.

8 (B) Notwithstanding any other provision of law, the

9 Attorney General may issue interim final regulations to

10 implement the provisions of the amendments listed in sub11 paragraph (A) at any time on or after the date of enact12 ment of this Act, which regulations may become effective

13 upon publication without prior notice or opportunity for

14 public comment.

15 (2) The amendment made by section 138 applies to

16 the preparation of applications before, on, or after the

17 date of enactment of this Act.

18 (3) The amendment made by section 143 shall apply

19 to all applications for relief under section 212(c) or 244

20 of the Immigration and Nationality Act filed on or after

21 the date of enactment of this Act.

22 (4) The amendments made by section 146(c) shall

23 apply to all final orders of deportation entered on or after

24 the date of enactment of this Act.
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1 (5) The amendment made by section 147(a) shall

2 apply to countries for which the Secretary of State gives

3 instructions to United States consular officers on or after

4 the date of enactment of this Act.

5 TITLE II—FINANCIAL RESPONSIBILITY

6 PART 1—RECEIPT OF CERTAIN PUBLIC BENEFITS

7 SEC. 201. INELIGIBILITY OF EXCLUDABLE, DEPORTABLE,

8 AND NONIMMIGRANT ALIENS.

9 (a) PUBLIC ASSISTANCE AND BENEFITS.—(1) IN

10 GENERAL.—Notwithstanding any other provision of law,

11 an ineligible alien (as defined in subsection (d)(2)) shall

12 not be eligible to receive any benefits under any program

13 of assistance provided or funded, in whole or in part, by

14 the Federal Government or any State or local government

15 entity, for which eligibility for benefits is based on need,

16 or to receive any grant, contract, loan, professional license,

17 or commercial license provided or funded by any agency

18 of the United States or any State or local government en19 tity, except—

20 (A) emergency medical services under title XIX

21 of the Social Security Act,

22 (B) short-term emergency disaster relief,

23 (C) assistance or benefits under the National

24 School Lunch Act,
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1 (D) assistance or benefits under the Child Nu2 trition Act of 1966, and

3 (E) public health assistance for immunizations

4 with respect to immunizable diseases and for testing

5 and treatment for communicable diseases.

6 (2) BENEFITS OF RESIDENCE.—Notwithstanding

7 any other provision of law, no State or local government

8 entity shall consider any ineligible alien as a resident when

9 to do so would place such alien in a more favorable posi10 tion, regarding access to, or the cost of, any benefit or

11 government service, than a United States citizen who is

12 not regarded as such a resident.

13 (3) NOTIFICATION OF ALIENS.—The agency admin14 istering a program referred to in paragraph (1) or (2)

15 shall, directly or, in the case of a Federal agency, through

16 the States, notify individually or by public notice, all ineli17 gible aliens who receive benefits under the program on the

18 date of the enactment of this Act and whose eligibility for

19 the program is terminated by reason of this subsection.

20 (b) UNEMPLOYMENT BENEFITS.—Notwithstanding

21 any other provision of law, only eligible aliens who have

22 been granted employment authorization pursuant to Fed23 eral law and United States citizens may receive any por24 tion of unemployment benefits payable out of Federal

25 funds, and such eligible aliens may receive only the portion
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1 of such benefits which is attributable to the authorized

2 employment.

3 (c) HOUSING ASSISTANCE PROGRAMS.—Not later

4 than ninety days after the date of the enactment of this

5 Act, the Secretary of Housing and Urban Development

6 shall submit a report to the Committee on the Judiciary

7 of the Senate, the Committee on the Judiciary of the

8 House of Representatives, the Committee on Banking,

9 Housing, and Urban Affairs of the Senate, and the Com10 mittee on Banking and Financial Services of the House

11 of Representatives describing the manner in which the

12 Secretary is enforcing section 214 of the Housing and

13 Community Development Act of 1980 and containing sta14 tistics with respect to the number of individuals denied

15 financial assistance under such section.

16 (d) DEFINITIONS.—For the purposes of this sec17 tion—

18 (1) ELIGIBLE ALIEN.—The term ‘‘eligible

19 alien’’ means an individual who is—

20 (A) an alien lawfully admitted for perma21 nent residence,

22 (B) an alien granted asylum,

23 (C) a refugee,
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1 (D) an alien whose deportation has been

2 withheld under section 243(h) of the Immigra3 tion and Nationality Act, or

4 (E) a parolee who has been paroled for a

5 period of 1 year or more.

6 (2) INELIGIBLE ALIEN.—The term ‘‘ineligible

7 alien’’ means an individual who is not—

8 (A) a United States citizen; or

9 (B) an eligible alien.

10 SEC. 202. ATTRIBUTION OF SPONSOR’S INCOME AND RE11 SOURCES TO FAMILY-SPONSORED IMMI12 GRANTS.

13 Notwithstanding any other provision of law, in deter14 mining the eligibility and the amount of benefits of an eli15 gible alien (as defined in section 201(d)(1) of this Act)

16 under any Federal program, the income and resources of

17 the alien shall be presumed to include—

18 (1) the income and resources of any person

19 who, as a sponsor of such alien’s entry into the

20 United States, executed an affidavit of support or

21 similar agreement with respect to such alien, and

22 (2) the income and resources of such sponsor’s

23 spouse.

24 The preceding sentence shall apply until such time as the

25 alien achieves United States citizenship through natu-
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1 ralization pursuant to chapter 2 of title III of the Immi2 gration and Nationality Act.

3 SEC. 203. DEFINITION OF ‘‘PUBLIC CHARGE’’ FOR PUR4 POSES OF DEPORTATION.

5 (a) IN GENERAL.—Section 241(a)(5) of the Immi6 gration and Nationality Act (8 U.S.C. 1251(a)(5)) is

7 amended to read as follows:

8 ‘‘(5) PUBLIC CHARGE.—

9 ‘‘(A) IN GENERAL.—Any alien who, within

10 five years after the date of entry, has become

11 a public charge from causes not affirmatively

12 shown to have arisen since entry is deportable.

13 ‘‘(B) DEFINITION.—For purposes of sub14 paragraph (A), the term ‘public charge’ shall

15 include any alien who receives benefits under

16 one or more of the programs described in sub17 paragraph (C) for more than an aggregate of

18 12 months.

19 ‘‘(C) PROGRAMS DESCRIBED.—The pro20 grams described in this subparagraph are the

21 following:

22 ‘‘(i) The aid to families with depend23 ent children program under title IV of the

24 Social Security Act.
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1 ‘‘(ii) The medicaid program under

2 title XIX of the Social Security Act.

3 ‘‘(iii) The food stamp program under

4 the Food Stamp Act of 1977.

5 ‘‘(iv) The supplemental security in6 come program under title XVI of the So7 cial Security Act.

8 ‘‘(v) Any State general assistance pro9 gram.

10 ‘‘(vi) any other program of assistance

11 funded, in whole or in part, by the Federal

12 Government or any State or local govern13 ment entity, for which eligibility for bene14 fits is based on need, except the programs

15 listed as exceptions in section 201(a)(1) of

16 this Act.’’

17 (b) CONSTRUCTION.—Nothing in section

18 241(a)(5)(B) of the Immigration and Nationality Act may

19 be construed to invalidate other factual bases for consider20 ation of an alien as a public charge which were in effect

21 on the day before the date of the enactment of this Act.

22 (c) REVIEW OF STATUS.—(1) In reviewing any appli23 cation by an alien for benefits under section 216, section

24 245, or chapter 2 of title III of the Immigration and Na25 tionality Act, the Attorney General shall determine wheth-
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1 er or not the applicant is described in section 241(a)(5)(B)

2 of such Act.

3 (2) If the Attorney General determines that an alien

4 is described in section 241(a)(5)(B) of such Act, the At5 torney General shall deny such application and shall insti6 tute deportation proceedings with respect to such alien,

7 unless the Attorney General exercises discretion to with8 hold or suspend deportation pursuant to one of the other

9 sections of such Act.

10 SEC. 204. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF

11 SUPPORT.

12 (a) ENFORCEABILITY.—No affidavit of support may

13 be relied upon by the Attorney General or by any consular

14 officer to establish that an alien is not excludable as a

15 public charge under section 212(a)(4) of the Immigration

16 and Nationality Act unless such affidavit is executed as

17 a contract—

18 (1) which is legally enforceable against the

19 sponsor by the Federal Government and by any

20 State, district, territory, or possession of the United

21 States (or any subdivision of such State, district,

22 territory, or possession of the United States) which

23 provides any benefit described in section

24 241(a)(5)(C), but not later than ten years after the

25 alien last receives any such benefit; and
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1 (2) in which the sponsor agrees to submit to

2 the jurisdiction of any Federal or State court for the

3 purpose of actions brought under subsection (e)(2).

4 (b) FORMS.—Not later than ninety days after the

5 date of enactment of this Act, the Secretary of State, the

6 Attorney General, and the Secretary of Health and

7 Human Resources shall jointly formulate the affidavit of

8 support described in this section.

9 (c) STATUTORY CONSTRUCTION.—Nothing in this

10 section shall be construed to grant third party beneficiary

11 rights to any sponsored alien under an affidavit of sup12 port.

13 (d) NOTIFICATION OF CHANGE OF ADDRESS.—(1)

14 The sponsor shall notify the Federal Government and the

15 State, district, territory, or possession in which the spon16 sored alien is currently resident within thirty days of any

17 change of address of the sponsor during the period speci18 fied in subsection (a)(1).

19 (2) Any person subject to the requirement of para20 graph (1) who fails to satisfy such requirement shall be

21 subject to a civil penalty of—

22 (A) not less than $250 or more than $2,000, or

23 (B) if such failure occurs with knowledge that

24 the sponsored alien has received any benefit de25 scribed in section 241(a)(5)(C) of the Immigration
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1 and Nationality Act, not less than $2,000 or more

2 than $5,000.

3 (e) REIMBURSEMENT OF GOVERNMENT EX4 PENSES.—(1)(A) Upon notification that a sponsored alien

5 has received any benefit described in section 241(a)(5)(C)

6 of the Immigration and Nationality Act, the appropriate

7 Federal, State, or local official shall request reimburse8 ment by the sponsor in the amount of such assistance.

9 (B) The Secretary of Health and Human Services

10 shall prescribe such regulations as may be necessary to

11 carry out subparagraph (A). Such regulations shall pro12 vide for notification to the sponsor by certified mail to the

13 sponsor’s last known address.

14 (2) If within forty-five days after requesting reim15 bursement, the appropriate Federal, State, or local agency

16 has not received a response from the sponsor indicating

17 a willingness to commence payments, an action may be

18 brought against the sponsor pursuant to the affidavit of

19 support.

20 (3) If the sponsor fails to abide by the repayment

21 terms established by such agency, the agency may, within

22 sixty days of such failure, bring an action against the

23 sponsor pursuant to the affidavit of support.

24 (4) No cause of action may be brought under this

25 subsection later than ten years after the alien last received
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1 any benefit described in section 241(a)(5)(C) of the Immi2 gration and Nationality Act.

3 (f) JURISDICTION.—For purposes of this section, no

4 State court shall decline for lack of jurisdiction to hear

5 any action brought against a sponsor for reimbursement

6 of the cost of any benefit described in section 241(a)(5)(C)

7 of the Immigration and Nationality Act if the sponsored

8 alien received public assistance while residing in the State.

9 (g) DEFINITIONS.—For the purposes of this sec10 tion—

11 (1) the term ‘‘sponsor’’ means an individual

12 who—

13 (A) is a United States citizen or an alien

14 who is lawfully admitted to the United States

15 for permanent residence;

16 (B) is 18 years of age or over;

17 (C) is domiciled in any of the several

18 States of the United States, the District of Co19 lumbia, or any territory or possession of the

20 United States; and

21 (D) demonstrates the means to maintain

22 an annual income equal to at least 125 percent

23 of the Federal poverty line for the individual

24 and for the sponsored alien; and
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1 (2) the term ‘‘poverty line’’ means the income

2 official poverty line (as defined by the Office of Man3 agement and Budget, and revised annually in ac4 cordance with section 673(2) of the Omnibus Budget

5 Reconciliation Act of 1981) that is applicable to a

6 family of the size involved.

7 PART 2—BORDER CROSSING FEE

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

9 (a) LAND BORDER USER FEE ACCOUNT.—Section

10 286(q) of the Immigration and Nationality Act (8 U.S.C.

11 1356(q)) is amended to read as follows:

12 ‘‘(q) LAND BORDER USER FEE ACCOUNT.—(1) The

13 Attorney General, after consultation with the Secretary of

14 State, shall institute a policy of imposing a fee at the time

15 of any person’s entry into the United States at a land bor16 der port of entry for the person’s use of border facilities

17 or services of the Immigration and Naturalization Service

18 in an amount necessary to make the total of such fees

19 substantially equal to the cost of maintaining and operat20 ing such facilities and services.

21 ‘‘(2) All fees collected under paragraph (1) shall be

22 deposited as offsetting receipts in a separate account with23 in the general fund of the Treasury of the United States

24 and shall remain available until expended. Such account

25 shall be known as the ‘Land Border User Fee Account’.
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1 ‘‘(3)(A) The Secretary of the Treasury shall refund

2 out of the Land Border User Fee Account, at least on

3 a quarterly basis, amounts to any appropriations for ex4 penses incurred in providing inspection services at land

5 border points of entry. Such expenses shall include—

6 ‘‘(i) the cost of providing inspection services;

7 ‘‘(ii) the cost of operating and maintaining in8 spection facilities at land border points of entry;

9 ‘‘(iii) the cost of expanding, operating, and

10 maintaining information systems for nonimmigrant

11 control;

12 ‘‘(iv) the cost of employing additional perma13 nent and temporary inspectors;

14 ‘‘(v) the minor construction costs associated

15 with adding new traffic lanes (with the concurrence

16 of the General Services Administration), including

17 the establishment of commuter lanes to be made

18 available to qualified United States citizens and

19 aliens, as determined by the Attorney General;

20 ‘‘(vi) the cost of detecting fraudulent documents

21 used by passengers traveling to the United States;

22 and

23 ‘‘(vii) the cost of administering the Land Bor24 der User Fee Account.
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1 ‘‘(B) Beginning with the fiscal year which begins

2 after the effective date of this subsection, amounts re3 quired to be refunded in any fiscal year shall be refunded

4 in accordance with estimates made in the budget request

5 of the Attorney General for that fiscal year. Any proposed

6 change in an amount specified in such budget request shall

7 only be made after notification to the Committees on Ap8 propriations of the House of Representatives and the Sen9 ate in accordance with section 606 of the Public Law 101–

10 162 and only if the Committees on the Judiciary of the

11 House of Representatives and the Senate are notified at

12 least fifteen days in advance.

13 ‘‘(4) Beginning two years after the date of enactment

14 of this Act, and every two years thereafter, the Attorney

15 General shall prepare and submit to the Congress a report

16 containing—

17 ‘‘(A) a statement of the financial condition of

18 the Land Border Use Fee Account, including the be19 ginning account balance, revenues, withdrawals, and

20 ending account balance and projection for the next

21 two fiscal years; and

22 ‘‘(B) a recommendation, if necessary, regarding

23 any adjustment in the prescribed fee that may be re24 quired to ensure that the receipts collected from the

25 fee charged for the succeeding two-year period equal,
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1 as closely as possible, the cost of providing the facili2 ties and services described in paragraph (1).’’.

3 (b) SUBMISSION OF PLAN.—Not later than ninety

4 days after the date of enactment of this Act, the Attorney

5 General shall submit in writing to the Committees on the

6 Judiciary and the Committees on Appropriations of the

7 House of Representatives and of the Senate a plan detail8 ing the proposed implementation of section 286(q) of the

9 Immigration and Nationality Act (as amended by this

10 Act).

11 (c) REPEAL OF PROVISO.—Effective six months after

12 the date of enactment of this Act, the fourth proviso under

13 the heading ‘‘ Immigration and Naturalization Service,

14 Salaries and Expenses’’ in Public Law 103–121 is re15 pealed.

16 (d) USE OF UNUSED MONEYS FOR BORDER SECU17 RITY.—(1) Notwithstanding any other provision of law,

18 upon the date of enactment of this Act, the Secretary of

19 the Treasury shall refund to the Appropriation Account

20 of the Immigration and Naturalization Service the follow21 ing amounts of unobligated funds in the Land Border In22 spection Fee Account (to the extent available), for use as

23 follows:

24 (A) Such funds may be used for the hiring and

25 equipping of additional Border Patrol agents and of
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1 support personnel and equipment for increases in

2 the number of Border Patrol agents for that fiscal

3 year;

4 (B) Any portion of such funds not used for the

5 purposes described in paragraph (A) may be used

6 for the deportation-related purposes described in sec7 tion 145 of this Act.

8 SEC. 212. PILOT PROGRAMS.

9 (a) ADDITIONAL COMMUTER BORDER CROSSING

10 FEES PILOT PROJECTS.—In addition to the land border

11 fee pilot projects extended by the fourth proviso under the

12 heading ‘‘ Immigration and Naturalization Service, Sala13 ries and Expenses’’ of Public Law 103–121, the Attorney

14 General is authorized to establish another such pilot

15 project on the northern land border and another such pilot

16 project on the southern land border of the United States.

17 (b) AUTOMATED PERMIT PILOT PROJECTS.—The

18 Attorney General and the Commissioner of Customs are

19 authorized to conduct pilot projects to demonstrate—

20 (1) the feasibility of expanding port of entry

21 hours at designated ports of entry on the United

22 States-Canada border; or

23 (2) the use of designated ports of entry after

24 working hours through the use of card readers or

25 other appropriate technology.
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1 PART 3—EFFECTIVE DATES

2 SEC. 221. EFFECTIVE DATES.

3 (a) PROVISIONS TAKING EFFECT UPON ENACT4 MENT.—Except as otherwise provided in this title and

5 subject to subsection (b), this title and the amendments

6 made by this title shall take effect on the date of the en7 actment of this Act, and apply beginning in fiscal year

8 1995.

9 (b) OTHER EFFECTIVE DATES.—(1) The provisions

10 of section 201 and section 202 shall apply to benefits or

11 applications for benefits received on or after the date of

12 the enactment of this Act.

13 (2) The amendment made by section 211(a) shall

14 take effect six months after the date of enactment of this

15 Act.

Æ

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