II

104TH CONGRESS

1ST SESSION S. 999

To amend the Immigration and Nationality Act and other laws of the United

States relating to border security, illegal immigration, alien eligibility

for Federal financial benefits and services, criminal activity by aliens,

alien smuggling, fraudulent document use by aliens, asylum, terrorist

aliens, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 29 (legislative day, JUNE 19), 1995

Mrs. HUTCHISON 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 and other

laws of the United States relating to border security,

illegal immigration, alien eligibility for Federal financial

benefits and services, criminal activity by aliens, alien

smuggling, fraudulent document use by aliens, asylum,

terrorist aliens, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Illegal Immigration

5 Control Act of 1995’’.
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1 SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—INTERDICTION, EXCLUSION, AND DEPORTATION

Sec. 101. Physical barriers.

Sec. 102. Border Patrol agents.

Sec. 103. Interior repatriation program.

Sec. 104. Detention facilities.

Sec. 105. Notice to service of port of entry arrivals.

Sec. 106. Limitation on authority for suspension of deportation.

Sec. 107. Disqualification from attaining permanent residence status.

Sec. 108. Termination of work authorization for aliens in deportation proceedings.

Sec. 109. Countries to which aliens shall be deported.

Sec. 110. Repeal of adjustment of status of unlawful aliens.

TITLE II—ALIEN SMUGGLING

Sec. 201. Expanded forfeiture for smuggling or harboring illegal aliens.

Sec. 202. Including alien smuggling as a racketeering activity for purposes of

racketeering influenced and corrupt organizations (RICO) enforcement authority.

Sec. 203. Enhanced penalties for certain alien smuggling and for employers

who knowingly employ smuggled aliens.

Sec. 204. Wiretap authority for alien smuggling investigations.

TITLE III—EMPLOYMENT

Sec. 301. Immigration and Naturalization Service investigators.

Sec. 302. Enhancement of social security account number cards and establishment of number verification system.

TITLE IV—GOVERNMENT BENEFITS

Sec. 401. Prohibition of benefits for certain categories of aliens.

Sec. 402. Unemployment benefits.

Sec. 403. Housing benefits.

Sec. 404. SAVE system.

Sec. 405. Limitation on Federal financial assistance to localities that refuse to

cooperate in the arrest and deportation of unlawful aliens.

Sec. 406. Uniform vital statistics.

Sec. 407. Earned income tax credit denied to individuals not authorized to be

employed in the United States.

TITLE V—CRIMINAL ALIENS

Sec. 501. Authorizing registration of aliens on criminal probation or criminal

parole.

Sec. 502. Expansion in definition of ‘‘aggravated felony’’.

Sec. 503. Deportation procedures for certain criminal aliens.

Sec. 504. Restricting defenses to deportation for certain criminal aliens.

Sec. 505. Collateral attacks on underlying deportation order.

Sec. 506. Miscellaneous and technical changes.
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Sec. 507. Criminal alien tracking center.

Sec. 508. Prisoner transfer treaty study.

Sec. 509. Expediting criminal alien deportation and exclusion.

TITLE VI—TERRORIST ALIENS

Sec. 601. Removal of alien terrorists.

Sec. 602. Membership in a terrorist organization as a basis for exclusion from

the United States under the Immigration and Nationality Act.

TITLE VII—INSPECTIONS

Sec. 701. Preinspection at foreign airports.

Sec. 702. Training of airline personnel in detection of fraudulent documents.

Sec. 703. Passport and visa offenses penalties improvement.

TITLE VIII—ASYLUM

Sec. 801. Inspection and exclusion by immigration officers.

Sec. 802. Asylum.

Sec. 803. Failure to appear for provisional asylum hearing; judicial review.

Sec. 804. Conforming amendments.

Sec. 805. Effective dates.

TITLE IX—FUNDING

Sec. 901. Reduction in overhead costs incurred in federally sponsored research.

1 TITLE I—INTERDICTION,

2 EXCLUSION, AND DEPORTATION

3 SEC. 101. PHYSICAL BARRIERS.

4 The Attorney General, in consultation with the Com5 missioner of the Immigration and Naturalization Service,

6 shall take action to install additional physical barriers at

7 the United States border to deter unauthorized crossings

8 in areas of high illegal entry into the United States. Such

9 additional barriers shall include barriers similar to those

10 in use in the San Diego, California, vicinity.

11 SEC. 102. BORDER PATROL AGENTS.

12 In addition to such amounts as are otherwise author13 ized to be appropriated, there is authorized to be appro14 priated for each of the fiscal years 1995, 1996, 1997,
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1 1998, and 1999 for salaries and expenses of the Border

2 Patrol such amounts as may be necessary to provide for

3 an increase in the number of agents of the Border Patrol

4 by 6,000 full-time equivalent agent positions (and nec5 essary support personnel positions) beyond the number of

6 such positions authorized for the Border Patrol as of Octo7 ber 1, 1993.

8 SEC. 103. INTERIOR REPATRIATION PROGRAM.

9 Not later than 180 days after the date of enactment

10 of this Act, the Attorney General and the Commissioner

11 of the Immigration and Naturalization Service shall de12 velop and implement a program in which aliens who pre13 viously have illegally entered the United States not less

14 than 3 times and are deported or returned to a country

15 contiguous to the United States will be returned to loca16 tions not less than 500 kilometers from that country’s bor17 der with the United States.

18 SEC. 104. DETENTION FACILITIES.

19 (a) BORDER DETENTION FACILITIES.—Not later

20 than 180 days after the date of enactment of this Act,

21 the Attorney General and the Commissioner of the Immi22 gration and Naturalization Service shall take appropriate

23 action to increase the capability of the Immigration and

24 Naturalization Service to detain individuals who have ille25 gally entered the United States at a border area.
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1 (b) TRANSFER OF CLOSED MILITARY BASES FOR

2 FEDERAL ILLEGAL ALIEN INCARCERATION FACILI3 TIES.—

4 (1) PRIORITY AVAILABILITY TO DEPARTMENT

5 OF JUSTICE.—Notwithstanding any other provision

6 of law, a military installation or facility of the De7 partment of Defense to be closed under a base clo8 sure law may be made available, as determined by

9 the Attorney General, to the Bureau of Prisons of

10 the Department of Justice for use as a facility for

11 the incarceration of aliens who are subject to exclu12 sion or deportation from the United States.

13 (2) DEFINITION.—For purposes of this sub14 section, the term ‘‘base closure law’’ means each of

15 the following:

16 (A) The Defense Base Closure and Re17 alignment Act of 1990 (part A of title XXIX of

18 Public Law 101–510; 10 U.S.C. 2687 note).

19 (B) Title II of the Defense Authorization

20 Amendments and Base Closure and Realign21 ment Act (Public Law 100–526; 10 U.S.C.

22 2687 note).

23 (C) Section 2687 of title 10, United States

24 Code.
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1 (D) Any other similar law enacted after

2 the date of the enactment of this Act.

3 SEC. 105. NOTICE TO SERVICE OF PORT OF ENTRY ARRIV4 ALS.

5 The Attorney General is authorized to require, by

6 regulation, not less than 24 hour advance notice to the

7 Immigration and Naturalization Service of the intention

8 of any vessel to arrive at any port of entry.

9 SEC. 106. LIMITATION ON AUTHORITY FOR SUSPENSION OF

10 DEPORTATION.

11 (a) IN GENERAL.—Section 244 of the Immigration

12 and Nationality Act (8 U.S.C. 1254) is amended—

13 (1) in subsection (a), by striking ‘‘and—’’ and

14 all that follows through the period and inserting the

15 following: ‘‘and has served for a minimum period of

16 24 months in an active-duty status in the Armed

17 Forces of the United States and, if separated from

18 such service, was separated under honorable condi19 tions, and at the time of his enlistment or induction

20 was in the United States’’;

21 (2) by striking subsection (b);

22 (3) by striking subsection (g); and

23 (4) by redesignating subsections (c) through (f)

24 as subsections (a) through (d), respectively.
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1 (b) CONFORMING REPEAL.—Section 304(c)(1)(B) of

2 the Miscellaneous and Technical Immigration and Natu3 ralization Amendments of 1991 (Public Law 102–232) is

4 repealed.

5 SEC. 107. DISQUALIFICATION FROM ATTAINING PERMA6 NENT RESIDENCE STATUS.

7 (a) DISAPPROVAL OF PETITIONS.—Section 204 of

8 the Immigration and Nationality Act (8 U.S.C. 1154) is

9 amended by adding at the end the following new sub10 section:

11 ‘‘(i) The Attorney General may not approve any peti12 tion for lawful permanent residence status filed by an alien

13 who has at any time been apprehended in the United

14 States for (A) entry without inspection, or (B) failing to

15 depart from the United States upon the expiration of any

16 nonimmigrant [or temporary] visa.’’.

17 (b) DENIAL OF ADJUSTMENT OF STATUS.—Section

18 245(c) of the Immigration and Nationality Act (8 U.S.C.

19 1254(c)) is amended—

20 (1) by striking ‘‘or (5)’’ and inserting ‘‘(5)’’;

21 and

22 (2) by inserting before the period the following:

23 ‘‘or (6) any alien who (A) has at any time been ap24 prehended in the United States for entry without in25 spection, or (B) has failed to depart from the United
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1 States within 30 days of the expiration date of any

2 nonimmigrant or temporary visa, unless such alien

3 has applied for and been granted asylum or refugee

4 status in the United States’’.

5 SEC. 108. TERMINATION OF WORK AUTHORIZATION FOR

6 ALIENS IN DEPORTATION PROCEEDINGS.

7 (a) AMENDMENT TO IMMIGRATION AND NATIONAL8 ITY ACT.—Section 242B of the Immigration and Nation9 ality Act (8 U.S.C. 1252b) is amended—

10 (1) by redesignating subsection (f) as sub11 section (g); and

12 (2) by inserting after subsection (e) the follow13 ing:

14 ‘‘(f) INELIGIBILITY FOR WORK AUTHORIZATION.—

15 (1) Except as provided in paragraph (2), an alien with

16 respect to whom an order to show cause has been issued

17 under this section is not eligible for employment author18 ization.

19 ‘‘(2) The Attorney General, at his or her discretion,

20 may grant employment authorization to an alien described

21 in paragraph (1) if such alien is serving as an informant

22 or a witness for the Government in a criminal investiga23 tion.’’.
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1 (b) EFFECTIVE DATE.—The amendments made by

2 subsection (a) shall take effect three years after the date

3 of enactment of this Act.

4 SEC. 109. COUNTRIES TO WHICH ALIENS SHALL BE DE5 PORTED.

6 Section 243(g) of the Immigration and Nationality

7 Act (8 U.S.C. 1253(g)) is amended by inserting ‘‘non8 immigrant visas (other than visas for nonimmigrant aliens

9 described in subparagraphs (A), (C), (D), (E), and (G)

10 of section 101(a)(15))’’ after ‘‘issuance of’’.

11 SEC. 110. REPEAL OF ADJUSTMENT OF STATUS OF UNLAW12 FUL ALIENS.

13 (a) IN GENERAL.—Subsection (i) of section 245 of

14 the Immigration and Nationality Act (8 U.S.C. 1255), as

15 added by section 506(b) of the Department of State and

16 Related Agencies Appropriations Act, 1995 (Public Law

17 103–317), 108 Stat. 1765), is repealed.

18 (b) EFFECTIVE DATE.—The repeal made by sub19 section (a) shall apply to applications for adjustment of

20 status filed before, on, or after the date of the enactment

21 of this Act, except such applications as were approved as

22 of the date of the enactment of this Act. In the case of

23 such an application for adjustment filed, but not approved,

24 as of the date of the enactment of this Act, the Attorney
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1 General shall promptly refund to the applicant the amount

2 of the application fee paid.

3 TITLE II—ALIEN SMUGGLING

4 SEC. 201. EXPANDED FORFEITURE FOR SMUGGLING OR

5 HARBORING ILLEGAL ALIENS.

6 (a) IN GENERAL.—Paragraph (1) of section 274(b)

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

8 1324(b)) is amended to read as follows:

9 ‘‘(1)(A) Except as provided in subparagraph (B), the

10 following property shall be subject to seizure and forfeit11 ure:

12 ‘‘(i) Any conveyance, including any vessel, vehi13 cle, or aircraft, which has been or is being used in

14 the commission of a violation of subsection (a).

15 ‘‘(ii) Any property, real or personal, which—

16 ‘‘(I) constitutes, or is derived from or

17 traceable to, the proceeds obtained directly or

18 indirectly from the commission of a violation of

19 subsection (a), or

20 ‘‘(II) is used to facilitate, or is intended to

21 be so used in the commission of, a violation of

22 subsection (a)(1)(A).

23 ‘‘(B)(i) No property used by any person as a common

24 carrier in the transaction of business as a common carrier

25 shall be forfeited under this section, unless the owner or
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1 other person with lawful custody of the property was a

2 consenting party to or privy to the violation of subsection

3 (a) or of section 274A(a)(1) or 274A(a)(2).

4 ‘‘(ii) No property shall be forfeited under the provi5 sions of this section by reason of any act or omission es6 tablished by the owner to have been committed or omitted

7 by a person other than the owner while the property was

8 unlawfully in the possession of a person other than the

9 owner in violation of the criminal laws of the United

10 States or of any State.

11 ‘‘(iii) No property shall be forfeited under the provi12 sions of this section to the extent of an interest of the

13 owner, by reason of any act or omission established by

14 the owner to have been committed or omitted without the

15 knowledge, consent, or willful disregard of the owner, un16 less the act or omission was committed or omitted by an

17 employee or agent of the owner or other person with lawful

18 custody of the property with the intent of furthering the

19 business interests of, or to confer any other benefit upon,

20 the owner or other person with lawful custody of the prop21 erty.’’.

22 (b) CONFORMING AMENDMENTS.—Section 274(b) of

23 such Act (8 U.S.C. 1324(b)) is amended—

24 (1) in paragraph (2)—
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1 (A) by striking ‘‘conveyance’’ and inserting

2 ‘‘property’’ each place it appears, and

3 (B) by striking ‘‘is being used in’’ and in4 serting ‘‘is being used in, is facilitating, has fa5 cilitated, is facilitating or was intended to facili6 tate’’; and

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

8 conveyance’’, ‘‘any conveyance’’, and ‘‘conveyance’’

9 and inserting ‘‘property’’ each place it appears.

10 SEC. 202. INCLUDING ALIEN SMUGGLING AS A RACKETEER11 ING ACTIVITY FOR PURPOSES OF RACK12 ETEERING INFLUENCED AND CORRUPT OR13 GANIZATIONS (RICO) ENFORCEMENT AU14 THORITY.

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

16 amended—

17 (1) by striking ‘‘or’’ before ‘‘(E) any act’’, and

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

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

20 section 274(a)(1) of the Immigration and National21 ity Act (relating to alien smuggling)’’.
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1 SEC. 203. ENHANCED PENALTIES FOR CERTAIN ALIEN

2 SMUGGLING AND FOR EMPLOYERS WHO

3 KNOWINGLY EMPLOY SMUGGLED ALIENS.

4 (a) IMMIGRATION AND NATIONALITY ACT.—(1) Sec5 tion 274(a)(1)(A) of the Immigration and Nationality Act

6 (8 U.S.C. 1324(a)(1)(A)) is amended—

7 (A) by striking ‘‘or’’ at the end of clause (iii);

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

9 (iv) and all that follows through the period and in10 serting ‘‘; or’’; and

11 (C) by adding at the end the following:

12 ‘‘(v) contracts or agrees with another

13 party for that party to provide, for employ14 ment by the person or another, an alien

15 who is not authorized to be employed in

16 the United States, knowing that such

17 party intends to cause such alien to be

18 brought into the United States in violation

19 of the laws of the United States,’’.

20 (2) Section 274(a)(1)(B) of such Act is amended in

21 clause (i), by inserting ‘‘or (v)’’ after ‘‘(A)(i)’’.

22 SEC. 204. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN23 VESTIGATIONS.

24 Section 2516(1) of title 18, United State Code, is

25 amended—
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1 (1) in paragraph (c) by inserting after ‘‘weap2 ons),’’ the following: ‘‘or a felony violation of section

3 1028 (relating to production of false identification

4 documentation), section 1542 (relating to false

5 statements in passport applications), section 1546

6 (relating to fraud and misuse of visas, permits, and

7 other documents),’’;

8 (2) by striking out ‘‘or’’ after paragraph (l) and

9 redesignating paragraphs (m), (n), and (o) as para10 graphs (n), (o), and (p), respectively; and

11 (3) by inserting after paragraph (l) the follow12 ing new paragraph:

13 ‘‘(m) a violation of section 274 of the Immigration

14 and Nationality Act (8 U.S.C. 1324) (relating to alien

15 smuggling), of section 277 of the Immigration and Nation16 ality Act (8 U.S.C. 1327) (relating to the smuggling of

17 aliens convicted of aggravated felonies or of aliens subject

18 to exclusion on grounds of national security), or of section

19 278 of the Immigration and Nationality Act (8 U.S.C.

20 1328) (relating to smuggling of aliens for the purpose of

21 prostitution or other immoral purpose);’’.
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1 TITLE III—EMPLOYMENT

2 SEC. 301. IMMIGRATION AND NATURALIZATION SERVICE

3 INVESTIGATORS.

4 In addition to such amounts as are otherwise author5 ized to be appropriated, there is authorized to be appro6 priated for each of the fiscal years 1995, 1996, 1997,

7 1998, and 1999 for salaries and expenses of the Immigra8 tion and Naturalization Service such amounts as may be

9 necessary to provide for an increase in the number of in10 vestigators of the Immigration and Naturalization Service

11 by 1,000 full-time equivalent investigator positions (and

12 such support personnel as are necessary) beyond the num13 ber of such positions authorized as of October 1, 1993.

14 SEC. 302. ENHANCEMENT OF SOCIAL SECURITY ACCOUNT

15 NUMBER CARDS AND ESTABLISHMENT OF

16 NUMBER VERIFICATION SYSTEM.

17 Section 274A(d) of the Immigration and Nationality

18 Act (8 U.S.C. 1324A(d)) is amended to read as follows:

19 ‘‘(d) ENHANCED SOCIAL SECURITY ACCOUNT NUM20 BER CARDS AND NUMBER VERIFICATION SYSTEM.—

21 ‘‘(1) ENHANCEMENT OF SOCIAL SECURITY

22 CARDS.—

23 ‘‘(A) ISSUANCE OF ENHANCED CARD FOR

24 CITIZENS.—The Commissioner shall cause to be

25 issued enhanced social security account number
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1 cards to United States citizens and United

2 States nationals who are 16 years of age or

3 older upon application, proof of identity, proof

4 of citizenship or nationality, and payment of a

5 reasonable fee.

6 ‘‘(B) ISSUANCE OF ENHANCED CARD FOR

7 ALIENS.—The Commissioner shall cause to be

8 issued enhanced social security account number

9 cards to aliens lawfully admitted for permanent

10 residence or who are otherwise authorized to

11 work in the United States and who are 16 years

12 of age or older upon application, proof of iden13 tity, verification of status by the Immigration

14 and Naturalization Service, and payment of a

15 reasonable fee.

16 ‘‘(2) REQUIREMENTS OF NEW CARDS.—

17 ‘‘(A) IN GENERAL.—The cards issued pur18 suant to paragraph (1) shall—

19 ‘‘(i) be uniform in appearance,

20 ‘‘(ii) be as tamper-proof and counter21 feit-resistant as is practicable,

22 ‘‘(iii) contain such identifying infor23 mation that is specific to each person as

24 the Commissioner shall determine, and
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1 ‘‘(iv) contain the name, sex, date of

2 birth, and social security account number

3 of the issuee.

4 ‘‘(B) WORK AUTHORIZATION EXPIRATION

5 DATE.—The cards issued pursuant to para6 graph (1)(B) to aliens who are not permanent

7 resident aliens shall indicate whether the work

8 authorization granted to the alien has an expi9 ration date.

10 ‘‘(3) IMPLEMENTATION.—

11 ‘‘(A) IN GENERAL.—All social security ac12 count number cards issued after January 1,

13 1997, shall be issued pursuant to the require14 ments under this subsection.

15 ‘‘(B) NEW EMPLOYEES.—After January 1,

16 1997, individuals applying for employment shall

17 be required to apply for enhanced social secu18 rity account cards to be issued pursuant to

19 paragraph (1).

20 ‘‘(C) FULL IMPLEMENTATION.—By Janu21 ary 1, 2000, all individuals who are 16 years of

22 age or older and who have a social security ac23 count number must apply for a social security

24 account number card issued pursuant to para25 graph (1).
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1 ‘‘(4) NUMBER VERIFICATION SYSTEM.—

2 ‘‘(A) IN GENERAL.—The Commissioner, in

3 consultation with the Attorney General, shall

4 make such modifications and improvements as

5 are necessary to current data bases and systems

6 to develop and implement a number verification

7 system that a person or entity can access by

8 telephone or other electronic means. Such sys9 tem shall allow for verification that an individ10 ual’s social security account number—

11 ‘‘(i) has been issued,

12 ‘‘(ii) was issued to an individual au13 thorized to work in the United States, and

14 ‘‘(iii) is not a number issued to a de15 ceased individual that has not been re16 issued.

17 The system shall also provide any other infor18 mation that the Commissioner and Attorney

19 General determine is needed to verify that the

20 number is a number issued validly to the indi21 vidual and that such individual is authorized to

22 work in the United States.

23 ‘‘(B) ACCESS FEE.—A fee, not to exceed

24 $2 plus any line charges payable to a telephone

25 carrier or equivalent entity, shall be charged for
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1 each instance of accessing the number verifica2 tion system to pay for the costs of operating the

3 system.

4 ‘‘(C) EFFECTIVE DATE.—The number ver5 ification system required by this paragraph

6 shall be operational by January 1, 1997.

7 ‘‘(5) FUNDING OF EMPLOYMENT VERIFICATION

8 AND NUMBER VERIFICATION SYSTEMS.—

9 ‘‘(A) IN GENERAL.—The amount of the fee

10 that is to be charged under paragraph (1) shall

11 be the amount (rounded to the nearest whole

12 dollar), not exceeding $10, required to cover the

13 cost of issuing the enhanced social security ac14 count number cards. The Commissioner shall

15 provide for the waiver of any fee for persons

16 unable to pay.

17 ‘‘(B) TRUST FUNDS PROTECTED.—Any

18 costs incurred in developing and implementing

19 the enhanced social security account number

20 cards and the employment verification and

21 number verification systems that exceed the

22 fees collected under paragraph (1) shall not be

23 paid for out of any trust fund established under

24 the Social Security Act.

25 ‘‘(6) PRIVACY PROTECTIONS.—
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1 ‘‘(A) PRIVACY OF INFORMATION.—The em2 ployment verification and number verification

3 systems must protect the privacy and security

4 of personal information and identifiers utilized

5 in the systems.

6 ‘‘(B) LIMITED USE OF SYSTEMS.—Any

7 personal information utilized by the employ8 ment verification and number verification sys9 tems may not be made available to Government

10 agencies, employers, and other persons except

11 to the extent necessary to verify that an individ12 ual is not an unauthorized alien.

13 ‘‘(C) LIMITED DENIAL OF VERIFICA14 TION.—A verification that an employee or pro15 spective employee is eligible to be employed in

16 the United States may not be withheld or re17 voked under the systems for any reason other

18 than that the employee or prospective employee

19 is an unauthorized alien.

20 ‘‘(D) LIMITED USE FOR LAW ENFORCE21 MENT PURPOSES.—The employment verification

22 and number verification systems may not be

23 used for law enforcement purposes, other than

24 for enforcement of this Act or sections 1001,
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1 1028, 1546, and 1621 of title 18, United States

2 Code.

3 ‘‘(E) RESTRICTION ON USE OF CARDS.—

4 The enhanced social security account number

5 cards issued pursuant to this subsection may

6 not be required to be presented for any purpose

7 other than under this Act (or enforcement of

8 sections 1001, 1028, 1546, and 1621 of title

9 18, United States Code, or for verification of an

10 applicant’s eligibility for any Federal, State or

11 local public assistance program) nor to be car12 ried on one’s person.

13 ‘‘(F) PENALTIES FOR UNAUTHORIZED

14 USE.—Unauthorized use or disclosure of the in15 formation or identifiers contained in the em16 ployment verification and number verification

17 systems shall be punishable by civil and crimi18 nal penalties determined by the Commissioner.

19 ‘‘(7) MONITORING AND IMPROVEMENTS IN SYS20 TEMS.—

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

22 shall provide for the monitoring and evaluation

23 of the degree to which the employment verifica24 tion and number verification systems estab25 lished under this section provide secure systems
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1 to determine employment eligibility in the Unit2 ed States.

3 ‘‘(B) RECOMMENDATIONS FOR CHANGE.—

4 To the extent that such systems are found not

5 to be secure systems to determine employment

6 eligibility in the United States, the Attorney

7 General shall recommend such changes in (in8 cluding additions to) the systems as may be

9 necessary to establish such systems.

10 ‘‘(8) DEFINITIONS.—For purposes of this sub11 section—

12 ‘‘(A) the term ‘Commissioner’ means the

13 Commissioner of the Social Security Adminis14 tration, and

15 ‘‘(B) the term ‘State’ means one of the

16 United States, the District of Columbia, or

17 Puerto Rico.’’.

18 TITLE IV—GOVERNMENT

19 BENEFITS

20 SEC. 401. PROHIBITION OF BENEFITS FOR CERTAIN CAT21 EGORIES OF ALIENS.

22 (a) DIRECT FEDERAL FINANCIAL BENEFITS.—Sub23 ject to subsection (b) and the Immigration and Nationality

24 Act, and notwithstanding any other provision of law, an

25 alien not lawfully within the United States as a permanent
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1 resident, a refugee, an asylee, or a parolee is not eligible

2 for any direct Federal financial benefit or social insurance

3 benefit (whether through grant, loan, guarantee, or other4 wise) as such benefits are identified by the Attorney Gen5 eral in consultation with other appropriate heads of the

6 various departments and agencies of the Federal Govern7 ment.

8 (b) EMERGENCY MEDICAL CARE.—Subsection (a)

9 shall not apply with respect to the Federal reimbursement

10 of emergency medical care for aliens, as determined by the

11 Secretary of Health and Human Services by regulation.

12 SEC. 402. UNEMPLOYMENT BENEFITS.

13 (a) PROHIBITION.—An alien who has not been grant14 ed employment authorization pursuant to the Immigration

15 and Nationality Act or other Federal law shall be ineligible

16 for unemployment compensation under an unemployment

17 compensation law of a State or the United States.

18 (b) CONDITION OF ELIGIBILITY.—An alien granted

19 temporary work authorization shall be eligible only for un20 employment compensation under an employment com21 pensation law of a State or the United States that accrued

22 during such time as the alien was authorized to work.

23 SEC. 403. HOUSING BENEFITS.

24 (a) LIMITATION.—Notwithstanding section 401 or

25 any other provision of law, no alien who is not a perma-
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1 nent resident, a refugee, an asylee, or a parolee shall be

2 eligible for benefits under the following provisions of law:

3 (1) The program of rental assistance on behalf

4 of low-income families provided under section 8 of

5 the United States Housing Act of 1937 (42 U.S.C.

6 1437f).

7 (2) The program of assistance to public housing

8 under title I of the United States Housing Act of

9 1937 (42 U.S.C. 1437 et seq.).

10 (3) The loan program under section 502 of the

11 Housing Act of 1949 (42 U.S.C. 1472).

12 (4) The program of interest reduction payments

13 pursuant to contracts entered into by the Secretary

14 of Housing and Urban Development under section

15 236 of the National Housing Act (12 U.S.C. 1715z–

16 1).

17 (5) The program of loans for rental and cooper18 ative housing under section 515 of the Housing Act

19 of 1949 (42 U.S.C. 1485).

20 (6) The program of rental assistance payments

21 pursuant to contracts entered into under section

22 521(a)(2)(A) of the Housing Act of 1949 (42 U.S.C.

23 1490a(a)(2)(A)).
25

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1 (7) The program of assistance payments on be2 half of homeowners under section 235 of the Na3 tional Housing Act (12 U.S.C. 1715z).

4 (8) The program of rent supplement payments

5 on behalf of qualified tenants pursuant to contracts

6 entered into under section 101 of the Housing and

7 Urban Development Act of 1965 (12 U.S.C. 1701s).

8 (9) The loan and grant programs under section

9 504 of the Housing Act of 1949 (42 U.S.C. 1474)

10 for repairs and improvements to rural dwellings.

11 (10) The loan and assistance programs under

12 sections 514 and 516 of the Housing Act of 1949

13 (42 U.S.C. 1484, 1486) for housing for farm labor.

14 (11) The program of grants for preservation

15 and rehabilitation of housing under section 533 of

16 the Housing Act of 1949 (42 U.S.C. 1490m).

17 (12) The program of grants and loans for mu18 tual and self-help housing and technical assistance

19 under section 523 of the Housing Act of 1949 (42

20 U.S.C. 1490c).

21 (13) The program of site loans under section

22 524 of the Housing Act of 1949 (42 U.S.C. 1490d).

23 (b) REGULATIONS.—Not later than January 1, 1995,

24 the Secretary of Housing and Urban Development shall

25 issue final regulations to carry out subsection (a).
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1 SEC. 404. SAVE SYSTEM.

2 There are authorized to be appropriated for each of

3 the fiscal years 1995, 1996, 1997, 1998, and 1999 such

4 sums as may be necessary to carry out the purposes of

5 the automated SAVE system established under section

6 121 of the Immigration Reform and Control Act of 1986

7 (Public Law 99–603).

8 SEC. 405. LIMITATION ON FEDERAL FINANCIAL ASSIST9 ANCE TO LOCALITIES THAT REFUSE TO CO10 OPERATE IN THE ARREST AND DEPORTATION

11 OF UNLAWFUL ALIENS.

12 Notwithstanding any other provision of law, Federal

13 financial assistance shall be reduced by 20 percent to any

14 local government on and after such date as the Attorney

15 General certifies that the local government has an official

16 policy of refusing to cooperate with officers or employees

17 of the Department of Justice (including the Immigration

18 and Naturalization Service) with respect to the arrest and

19 deportation of aliens who are not lawfully present within

20 the United States. Such reduction in assistance is not re21 imbursable and shall continue for as long as the policy

22 of noncooperation remains in effect.

23 SEC. 406. UNIFORM VITAL STATISTICS.

24 (a) IMPLEMENTATION.—

25 (1) IN GENERAL.—Not later than 2 years after

26 the date of the enactment of this Act, the Commis-
27

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1 sioner of the Social Security Administration (here2 after in this section referred to as the ‘‘Commis3 sioner’’) shall coordinate with the State agencies re4 sponsible for registration and certification of births

5 and deaths in all States that have, as of the date of

6 the enactment of this Act, computerized vital statis7 tics records in establishing a pilot program for an

8 electronic network linking the vital statistics records

9 of such States.

10 (2) EXPANSION OF NETWORK.—Not later than

11 3 years after the date of the enactment of this Act,

12 the electronic network described in paragraph (1)

13 shall be expanded to include the 10 States with the

14 largest number of undocumented aliens.

15 (3) USE OF NETWORK.—The pilot program net16 work shall provide, where practical, for the matching

17 of deaths with births and shall enable the confirma18 tion of births and deaths of citizens of such States,

19 or of aliens within such States, by any Federal or

20 State agency or official in the performance of official

21 duties, including by the Internal Revenue Service in

22 verifying taxpayer identification numbers for pur23 poses of section 32(c)(1)(E) of the Internal Revenue

24 Code of 1986.
28

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1 (4) ADDITIONAL MEASURES TO IMPROVE THE

2 NETWORK.—The Commissioner and participating

3 State agencies shall institute measures to achieve

4 uniform and accurate reporting of vital statistics

5 into the pilot program network, to protect the integ6 rity of the registration and certification process, and

7 to prevent fraud against the Government and other

8 persons through the use of false birth or death cer9 tificates.

10 (b) REPORT.—

11 (1) REPORT ON IMPLEMENTATION.—Not later

12 than 180 days after the date of the enactment of

13 this Act, the Commissioner shall issue a written re14 port to Congress regarding how the pilot program

15 will be implemented and the costs of the implemen16 tation.

17 (2) REPORT ON POSSIBLE NETWORK EXPAN18 SION.—Not later than 180 days after the establish19 ment of a pilot program under subsection (a)(1), the

20 Commissioner shall submit a report to Congress on

21 how soon the electronic network can be expanded na22 tionwide.

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated for fiscal year 1996 and
29

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1 for subsequent fiscal years such sums as may be necessary

2 to carry out this section.

3 SEC. 407. EARNED INCOME TAX CREDIT DENIED TO INDI4 VIDUALS NOT AUTHORIZED TO BE EM5 PLOYED IN THE UNITED STATES.

6 (a) IN GENERAL.—Section 32(c)(1) of the Internal

7 Revenue Code of 1986 (relating to individuals eligible to

8 claim the earned income tax credit) is amended by adding

9 at the end the following new subparagraph:

10 ‘‘(E) IDENTIFICATION NUMBER REQUIRE11 MENT.—The term ‘eligible individual’ does not

12 include any individual who does not include on

13 the return of tax for the taxable year—

14 ‘‘(i) such individual’s taxpayer identi15 fication number, and

16 ‘‘(ii) if the individual is married (with17 in the meaning of section 7703), the tax18 payer identification number of such indi19 vidual’s spouse.’’

20 (b) SPECIAL IDENTIFICATION NUMBER.—Section 32

21 of the Internal Revenue Code of 1986 is amended by add22 ing at the end the following new subsection:

23 ‘‘(k) IDENTIFICATION NUMBERS.—Solely for pur24 poses of subsections (c)(1)(E) and (c)(3)(D), a taxpayer

25 identification number means a social security number is-
30

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1 sued to an individual by the Social Security Administra2 tion (other than a social security number issued pursuant

3 to clause (II) (or that portion of clause (III) that relates

4 to clause (II)) of section 205(c)(2)(B)(i) of the Social Se5 curity Act).’’

6 (c) EXTENSION OF PROCEDURES APPLICABLE TO

7 MATHEMATICAL OR CLERICAL ERRORS.—Section

8 6213(g)(2) of the Internal Revenue Code of 1986 (relating

9 to the definition of mathematical or clerical errors) is

10 amended by striking ‘‘and’ at the end of subparagraph

11 (D), by striking the period at the end of subparagraph

12 (E) and inserting ‘‘, and’’, and by inserting after subpara13 graph (E) the following new subparagraph:

14 ‘‘(F) an omission of a correct taxpayer

15 identification number required under section 32

16 (relating to the earned income tax credit) to be

17 included on a return.’’.

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

19 this section shall apply to taxable years beginning after

20 December 31, 1995.
31

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1 TITLE V—CRIMINAL ALIENS

2 SEC. 501. AUTHORIZING REGISTRATION OF ALIENS ON

3 CRIMINAL PROBATION OR CRIMINAL PA4 ROLE.

5 Section 263(a) of the Immigration and Nationality

6 Act (8 U.S.C. 1303(a)) is amended by striking ‘‘and (5)’’

7 and inserting ‘‘(5) aliens who are or have been on criminal

8 probation or criminal parole pursuant to the laws of the

9 United States or of any State, and (6)’’.

10 SEC. 502. EXPANSION IN DEFINITION OF ‘‘AGGRAVATED

11 FELONY’’.

12 Section 101(a)(43) of the Immigration and National13 ity Act (8 U.S.C. 1101(a)(43)) is amended—

14 (1) in subparagraph (D), by inserting before

15 the semicolon the following: ‘‘, or an offense de16 scribed in sections 1951 through 1955 or in sections

17 1958 through 1963’’;

18 (2) in subparagraph (K)—

19 (A) by redesignating clauses (i) and (ii) as

20 clauses (ii) and (iii), respectively; and

21 (B) by inserting after ‘‘an offense that—’’

22 the following new clause:

23 (i) is described in sections 2421

24 through 2424 of title 18, United States

25 Code, for commercial advantage;
32

•S 999 IS

1 (3) by redesignating subparagraphs (P) and

2 (Q) as subparagraphs (Q) and (R), respectively; and

3 (4) by inserting after subparagraph (O) the fol4 lowing:

5 ‘‘(P) any offense described in section 1084

6 of title 18, United States Code, where a sen7 tence of 5 years imprisonment or more may be

8 imposed;

9 ‘‘(Q) any offense relating to commercial

10 bribery, counterfeiting, forgery or trafficking in

11 vehicles whose identification numbers have been

12 altered, where a sentence of 5 years imprison13 ment or more may be imposed;’’.

14 SEC. 503. DEPORTATION PROCEDURES FOR CERTAIN

15 CRIMINAL ALIENS.

16 (a) IN GENERAL.—Section 242A(a) of the Immigra17 tion and Nationality Act (8 U.S.C. 1252a(a)) is amend18 ed—

19 (1) in paragraph (1), by inserting ‘‘permanent

20 resident’’ after ‘‘correctional facilities for’’;

21 (2) in paragraph (2) by striking ‘‘respect to an’’

22 and inserting ‘‘respect to a permanent resident’’;

23 and

24 (3) in paragraph (3), by inserting ‘‘permanent

25 resident’’ after ‘‘in the case of any’’.
33

•S 999 IS

1 (b) DEPORTATION OF ALIENS WHO ARE NOT PER2 MANENT RESIDENTS.—Section 242A(b)(1) of such Act is

3 amended by striking ‘‘Attorney General may’’ and insert4 ing ‘‘Attorney General shall’’.

5 (c) PRESUMPTION OF DEPORTABILITY.—Section

6 242A of such Act (8 U.S.C. 1252a) is amended by adding

7 at the end the following new subsection:

8 ‘‘(d) PRESUMPTION OF DEPORTABILITY.—An alien

9 convicted of an aggravated felony shall be conclusively pre10 sumed to be deportable from the United States.’’.

11 (d) LIMITED JUDICIAL REVIEW.—Section 106(d) of

12 the Immigration and Nationality Act (8 U.S.C. 1105a) is

13 amended to read as follows:

14 ‘‘(d) Notwithstanding subsection (c), a petition for

15 review or for habeas corpus on behalf of an alien described

16 in section 242A(c) may only challenge whether the alien

17 is in fact an alien described in such section, and no court

18 shall have jurisdiction to review any other issue.’’.

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

20 this section shall apply to all aliens against whom deporta21 tion proceedings are initiated after the date of enactment

22 of this Act.
34

•S 999 IS

1 SEC. 504. RESTRICTING DEFENSES TO DEPORTATION FOR

2 CERTAIN CRIMINAL ALIENS.

3 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA4 NENT RESIDENCE.—The last sentence of section 212(c)

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

6 1182(c)) is amended by striking out ‘‘has served for such

7 felony or felonies’’ and all that follows through the period

8 and inserting in lieu thereof ‘‘has been sentenced for such

9 felony or felonies to a term of imprisonment of at least

10 5 years, provided that the time for appealing such convic11 tion or sentence has expired and the sentence has become

12 final.’’.

13 (b) DEFENSES BASED ON WITHHOLDING OF DEPOR14 TATION.—Section 243(h)(2) of the Immigration and Na15 tionality Act (8 U.S.C. 1253(h)(2)) is amended—

16 (1) by striking out the final sentence and in17 serting in lieu thereof the following new subpara18 graph:

19 ‘‘(E) the alien has been convicted of an ag20 gravated felony.’’; and

21 (2) by striking out the ‘‘or’’ at the end of sub22 paragraph (C) and inserting ‘‘or’’ at the end of sub23 paragraph (D).
35

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1 SEC. 505. COLLATERAL ATTACKS ON UNDERLYING DEPOR2 TATION ORDER.

3 Section 276 of the Immigration and Nationality Act

4 (8 U.S.C. 1326) is amended by inserting after subsection

5 (b) the following new subsection:

6 ‘‘(c) In any criminal proceeding under this section,

7 no alien may challenge the validity of the deportation

8 order described in subsection (a)(1) or subsection (b) un9 less the alien demonstrates—

10 ‘‘(1) that the alien exhausted the administrative

11 remedies (if any) that may have been available to

12 seek relief against such order,

13 ‘‘(2) that the deportation proceedings at which

14 such order was issued improperly deprived the alien

15 of the opportunity for judicial review, and

16 ‘‘(3) that the entry of such order was fun17 damentally unfair.’’.

18 SEC. 506. MISCELLANEOUS AND TECHNICAL CHANGES.

19 (a) FORM OF DEPORTATION HEARINGS.—The sec20 ond sentence of section 242(b) of the Immigration and

21 Nationality Act (8 U.S.C. 1252(b)) is amended by insert22 ing before the period the following: ‘‘; except that nothing

23 in this subsection shall preclude the Attorney General

24 from authorizing proceedings by electronic or telephonic

25 media (with or without the consent of the alien) or, where
36

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1 waived or agreed to by the parties, in the absence of the

2 alien.’’.

3 (b) CONSTRUCTION OF EXPEDITED DEPORTATION

4 REQUIREMENTS.—No amendment made by this Act shall

5 be construed to create any right or benefit, substantive

6 or procedural, which is legally enforceable by any party

7 against the United States, its agencies, its officers or any

8 other person.

9 SEC. 507. CRIMINAL ALIEN TRACKING CENTER.

10 (a) OPERATION.—The Commissioner of Immigration

11 and Naturalization, with the cooperation of the Director

12 of the Federal Bureau of Investigation and the heads of

13 other agencies, shall, under the authority of section

14 242(a)(3)(A) of the Immigration and Nationality Act (8

15 U.S.C. 1252(a)(3)(A)), operate a criminal alien tracking

16 center.

17 (b) PURPOSE.—The criminal alien tracking center

18 shall be used to assist Federal, State, and local law en19 forcement agencies in identifying and locating aliens who

20 may be subject to deportation by reason of their conviction

21 of aggravated felonies.

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated to carry out this section

24 $2,000,000 for fiscal year 1995 and $5,000,000 for each

25 of the fiscal years 1996, 1997, 1998, and 1999.
37

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1 SEC. 508. PRISONER TRANSFER TREATY STUDY.

2 (a) REPORT TO CONGRESS.—Not later than 180 days

3 after the date of the enactment of this Act, the Secretary

4 of State and the Attorney General shall submit to the Con5 gress a report that describes the use and effectiveness of

6 the Prisoner Transfer Treaty with Mexico to remove from

7 the United States aliens who have been convicted of crimes

8 in the United States.

9 (b) USE OF TREATY.—The report under subsection

10 (a) shall include the following information:

11 (1) The number of aliens convicted of a crimi12 nal offense in the United States since November 30,

13 1977, who would have been or are eligible for trans14 fer pursuant to the Treaty.

15 (2) The number of aliens described in para16 graph (1) who have been transferred pursuant to the

17 Treaty.

18 (3) The number of aliens described in para19 graph (2) who have been incarcerated in full compli20 ance with the Treaty.

21 (4) The number of aliens who are incarcerated

22 in a penal institution in the United States who are

23 eligible for transfer pursuant to the Treaty.

24 (5) The number of aliens described in para25 graph (4) who are incarcerated in State and local

26 penal institutions.
38

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1 (c) EFFECTIVENESS OF TREATY.—The report under

2 subsection (a) shall include the recommendations of the

3 Secretary of State and the Attorney General to increase

4 the effectiveness and use of, and full compliance with, the

5 Treaty. In considering the recommendations under this

6 subsection, the Secretary and the Attorney General shall

7 consult with such State and local officials in areas dis8 proportionately impacted by aliens convicted of criminal

9 offenses as the Secretary and the Attorney General con10 sider appropriate. Such recommendations shall address

11 the following areas:

12 (1) Changes in Federal laws, regulations, and

13 policies affecting the identification, prosecution, and

14 deportation of aliens who have committed a criminal

15 offense in the United States.

16 (2) Changes in State and local laws, regula17 tions, and policies affecting the identification, pros18 ecution, and deportation of aliens who have commit19 ted a criminal offense in the United States.

20 (3) Changes in the Treaty that may be nec21 essary to increase the number of aliens convicted of

22 crimes who may be transferred pursuant to the

23 Treaty.

24 (4) Methods for preventing the unlawful re25 entry into the United States of aliens who have been
39

•S 999 IS

1 convicted of criminal offenses in the United States

2 and transferred pursuant to the Treaty.

3 (5) Any recommendations of appropriate offi4 cials of the Mexican Government on programs to

5 achieve the goals of, and ensure full compliance

6 with, the Treaty.

7 (6) An assessment of whether the recommenda8 tions under this subsection require the renegotiation

9 of the Treaty.

10 (7) The additional funds required to implement

11 each recommendation under this subsection.

12 (d) DEFINITION.—As used in this section, the term

13 ‘‘Prisoner Transfer Treaty with Mexico’’ or ‘‘Treaty’’ re14 fers to the Treaty Between the United States of America

15 and the United Mexican States on the Execution of Penal

16 Sentences, done at Mexico City on November 25, 1976

17 (28 U.S.T. 7399).

18 SEC. 509. EXPEDITING CRIMINAL ALIEN DEPORTATION AND

19 EXCLUSION.

20 (a) CONVICTED DEFINED.—Section 241(a)(2) of the

21 Immigration and Nationality Act (8 U.S.C. 1251(a)(2))

22 is amended by adding at the end the following new sub23 paragraph:

24 ‘‘(E) CONVICTED DEFINED.—In this para25 graph, the term ‘convicted’ means a judge or
40

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1 jury has found the alien guilty or the alien has

2 entered a plea of guilty or nolo contendere,

3 whether or not the alien appeals therefrom.’’.

4 (b) DEPORTATION OF CONVICTED ALIENS.—

5 (1) IMMEDIATE DEPORTATION.—Section 242(h)

6 of such Act (8 U.S.C. 1252(h)) is amended—

7 (A) by striking ‘‘(h) An alien’’ and insert8 ing ‘‘(h)(1) Subject to paragraph (2), an alien’’;

9 and

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

11 paragraph:

12 ‘‘(2) An alien sentenced to imprisonment may be de13 ported prior to the termination of such imprisonment by

14 the release of the alien from confinement, if the Service

15 petitions the appropriate court or other entity with author16 ity concerning the alien to release the alien into the cus17 tody of the Service for execution of an order of deporta18 tion.’’.

19 (2) PROHIBITION OF REENTRY INTO THE

20 UNITED STATES.—Section 212(a)(2) of such Act (8

21 U.S.C. 1182(a)(2)) is amended—

22 (A) by redesignating subparagraph (F) as

23 subparagraph (G); and

24 (B) by inserting after subparagraph (E)

25 the following new subparagraph:
41

•S 999 IS

1 ‘‘(F) ALIENS DEPORTED BEFORE SERVING

2 MINIMUM PERIOD OF CONFINEMENT.—In addi3 tion to any other period of exclusion which may

4 apply an alien deported pursuant to section

5 242(h)(2) is excludable during the minimum pe6 riod of confinement to which the alien was sen7 tenced.’’.

8 (c) EXECUTION OF DEPORTATION ORDERS.—Section

9 242(i) of such Act (8 U.S.C. 1252(i)) is amended by add10 ing at the end the following: ‘‘An order of deportation may

11 not be executed until all direct appeals relating to the con12 viction which is the basis of the deportation order have

13 been exhausted.’’.

14 TITLE VI—TERRORIST ALIENS

15 SEC. 601. REMOVAL OF ALIEN TERRORISTS.

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

17 Act (8 U.S.C. 1101 et seq.) is amended by inserting the

18 following new section:

19 ‘‘REMOVAL OF ALIEN TERRORISTS

20 ‘‘SEC. 242C. (a) DEFINITIONS.—As used in this sec21 tion—

22 ‘‘(1) the term ‘alien terrorist’ means any alien

23 described in section 241(a)(4)(B);

24 ‘‘(2) the term ‘classified information’ has the

25 same meaning as defined in section 1(a) of the Clas-
42

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1 sified Information Procedures Act (18 U.S.C. App.

2 IV);

3 ‘‘(3) the term ‘national security’ has the same

4 meaning as defined in section 1(b) of the Classified

5 Information Procedures Act (18 U.S.C. App. IV);

6 ‘‘(4) the term ‘special court’ means the court

7 described in subsection (c) of this section; and

8 ‘‘(5) the term ‘special removal hearing’ means

9 the hearing described in subsection (e) of this sec10 tion.

11 ‘‘(b) APPLICATION FOR USE OF PROCEDURES.—The

12 provisions of this section shall apply whenever the Attor13 ney General certifies under seal to the special court that—

14 ‘‘(1) the Attorney General or Deputy Attorney

15 General has approved of the proceeding under this

16 section;

17 ‘‘(2) an alien terrorist is physically present in

18 the United States; and

19 ‘‘(3) removal of such alien terrorist by deporta20 tion proceedings described in sections 242, 242A, or

21 242B would pose a risk to the national security of

22 the United States because such proceedings would

23 disclose classified information.

24 ‘‘(c) SPECIAL COURT.—(1) The Chief Justice of the

25 United States shall publicly designate up to 7 judges from
43

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1 up to 7 United States judicial districts to hear and decide

2 cases arising under this section, in a manner consistent

3 with the designation of judges described in section 103(a)

4 of the Foreign Intelligence Surveillance Act (50 U.S.C.

5 1803(a)).

6 ‘‘(2) The Chief Justice may, in the Chief Justice’s

7 discretion, designate the same judges under this section

8 as are designated pursuant to section 1803(a) of title 50,

9 United States Code.

10 ‘‘(d) INVOCATION OF SPECIAL COURT PROCE11 DURE.—(1) When the Attorney General makes the appli12 cation described in subsection (b), a single judge of the

13 special court shall consider the application in camera and

14 ex parte.

15 ‘‘(2) The judge shall invoke the procedures of sub16 section (e), if the judge determines that there is probable

17 cause to believe that—

18 ‘‘(A) the alien who is the subject of the applica19 tion has been correctly identified;

20 ‘‘(B) a deportation proceeding described in sec21 tions 242, 242A, or 242B would pose a risk to the

22 national security of the United States because such

23 proceedings would disclose classified information;

24 and
44

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1 ‘‘(C) the threat posed by the alien’s physical

2 presence is immediate and involves the risk of death

3 or serious bodily harm.

4 ‘‘(e) SPECIAL REMOVAL HEARING.—(1) Except as

5 provided in paragraph (4), the special removal hearing au6 thorized by a showing of probable cause described in sub7 section (d)(2) shall be open to the public.

8 ‘‘(2) The alien shall have a right to be present at such

9 hearing and to be represented by counsel. Any alien finan10 cially unable to obtain counsel shall be entitled to have

11 counsel assigned to represent such alien. Counsel may be

12 appointed as described in section 3006A of title 18, United

13 States Code.

14 ‘‘(3) The alien shall have a right to introduce evi15 dence on his own behalf, and except as provided in para16 graph (4), shall have a right to cross-examine any witness

17 or request that the judge issue a subpoena for the pres18 ence of a named witness.

19 ‘‘(4) The judge shall authorize the introduction in

20 camera and ex parte of any item of evidence for which

21 the judge determines that public disclosure would pose a

22 risk to the national security of the United States because

23 it would disclose classified information.
45

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1 ‘‘(5) With respect to any evidence described in para2 graph (4), the judge shall cause to be delivered to the alien

3 either—

4 ‘‘(A)(i) the substitution for such evidence of a

5 statement admitting relevant facts that the specific

6 evidence would tend to prove, or (ii) the substitution

7 for such evidence of a summary of the specific evi8 dence; or

9 ‘‘(B) if disclosure of even the substituted evi10 dence described in subparagraph (A) would create a

11 substantial risk of death or serious bodily harm to

12 any person, a statement informing the alien that no

13 such summary is possible.

14 ‘‘(6) If the judge determines—

15 ‘‘(A) that the substituted evidence described in

16 paragraph (4)(B) will provide the alien with sub17 stantially the same ability to make his defense as

18 would disclosure of the specific evidence, or

19 ‘‘(B) that disclosure of even the substituted evi20 dence described in paragraph (5)(A) would create a

21 substantial risk of death or serious bodily harm to

22 any person,

23 then the determination of deportation (described in sub24 section (f)) may be made pursuant to this section.
46

•S 999 IS

1 ‘‘(f) DETERMINATION OF DEPORTATION.—(1) If the

2 determination in subsection (e)(6)(A) has been made, the

3 judge shall, considering the evidence on the record as a

4 whole, require that the alien be deported if the Attorney

5 General proves, by clear and convincing evidence, that the

6 alien is subject to deportation because he is an alien as

7 described in section 241(a)(4)(B).

8 ‘‘(2) If the determination in subsection (e)(6)(B) has

9 been made, the judge shall, considering the evidence re10 ceived (in camera and otherwise), require that the alien

11 be deported if the Attorney General proves, by clear, con12 vincing, and unequivocal evidence, that the alien is subject

13 to deportation because he is an alien as described in sec14 tion 241(a)(4)(B).

15 ‘‘(g) APPEALS.—(1) The alien may appeal a deter16 mination under subsection (f) to the Court of Appeals for

17 the Federal Circuit, by filing a notice of appeal with such

18 court within 20 days of the determination under such sub19 section.

20 ‘‘(2)(A) The Attorney General may appeal a deter21 mination under subsection (d), (e), or (f) to the court of

22 appeals for the Federal Circuit, by filing a notice of appeal

23 with such court within 20 days of the determination under

24 any one of such subsections.
47

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1 ‘‘(B) When requested by the Attorney General, the

2 entire record of the proceeding under this section shall be

3 transmitted to the court of appeals under seal. If the At4 torney General is appealing a determination under sub5 section (d) or (e), the court of appeals shall consider such

6 appeal in camera and ex parte.’’.

7 (b) CONFORMING AMENDMENT.—Section 1295(a) of

8 title 28, United States Code, is amended—

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

10 (13);

11 (2) by striking the period at the end of para12 graph (14) and inserting ‘‘; and’’; and

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

14 paragraph:

15 ‘‘(15) of an appeal under section 242C(g) of the

16 Immigration and Nationality Act.’’.

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

18 of the Immigration and Nationality Act is amended by in19 serting after the item relating to section 242B the follow20 ing new item:

‘‘Sec. 242C. Removal of alien terrorists.’’.
48

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1 SEC. 602. MEMBERSHIP IN A TERRORIST ORGANIZATION AS

2 A BASIS FOR EXCLUSION FROM THE UNITED

3 STATES UNDER THE IMMIGRATION AND NA4 TIONALITY ACT.

5 Section 212(a)(3)(B) of the Immigration and Nation6 ality Act (8 U.S.C. 1182(a)(3)(B)) is amended—

7 (1) in clause (i)(II) by inserting ‘‘or’’ at the

8 end;

9 (2) by adding after clause (i)(II) the following:

10 ‘‘(III) is a member of an organi11 zation that engages in, or has engaged

12 in, terrorist activity or who actively

13 supports or advocates terrorist activ14 ity,’’; and

15 (3) by adding after clause (iii) the following:

16 ‘‘(iv) TERRORIST ORGANIZATION DE17 FINED.—As used in this Act, the term ‘ter18 rorist organization’ means an organization

19 which commits terrorist activity as deter20 mined by the Attorney General, in con21 sultation with the Secretary of State.’’.

22 TITLE VII—INSPECTIONS

23 SEC. 701. PREINSPECTION AT FOREIGN AIRPORTS.

24 The Immigration and Nationality Act is amended by

25 inserting after section 235 the following new section:
49

•S 999 IS

1 ‘‘PREINSPECTION AT FOREIGN AIRPORTS

2 ‘‘SEC. 235A. (a) ESTABLISHMENT OF

3 PREINSPECTION STATIONS.—(1) Subject to paragraph

4 (4), not later than 2 years after the date of the enactment

5 of this section, the Attorney General, in consultation with

6 the Secretary of State, shall establish and maintain

7 preinspection stations in at least 5 of the foreign airports

8 that are among the 10 foreign airports which the Attorney

9 General identifies as serving as last points of departure

10 for the greatest numbers of passengers who arrive from

11 abroad by air at ports of entry within the United States.

12 Such preinspection stations shall be in addition to any

13 preinspection stations established prior to the date of the

14 enactment of this section.

15 ‘‘(2) Not later than November 1, 1995, and each sub16 sequent November 1, the Attorney General shall compile

17 data identifying—

18 ‘‘(A) the foreign airports which served as last

19 points of departure for aliens who arrived by air at

20 United States ports of entry without valid docu21 mentation during the preceding fiscal years,

22 ‘‘(B) the number and nationality of such aliens

23 arriving from each such foreign airport, and

24 ‘‘(C) the primary routes such aliens followed

25 from their country of origin to the United States.
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1 ‘‘(3) Subject to paragraph (4), not later than 4 years

2 after the date of enactment of this section, the Attorney

3 General, in consultation with the Secretary of State, shall

4 establish preinspection stations in at least 5 additional for5 eign airports which the Attorney General, in consultation

6 with the Secretary of State, determines based on the data

7 compiled under paragraph (2) and such other information

8 as may be available would most effectively reduce the

9 number of aliens who arrive from abroad by air at points

10 of entry within the United States without valid docu11 mentation. Such preinspection stations shall be in addition

12 to those established prior to or pursuant to paragraph (1).

13 ‘‘(4) Prior to the establishment of a preinspection

14 station the Attorney General, in consultation with the Sec15 retary of State, shall ensure that—

16 ‘‘(A) employees of the United States stationed

17 at the preinspection station and their accompanying

18 family members will receive appropriate protection,

19 ‘‘(B) such employees and their families will not

20 be subject to unreasonable risks to their welfare and

21 safety, and

22 ‘‘(C) the country in which the preinspection sta23 tion is to be established maintains practices and pro24 cedures with respect to asylum seekers and refugees

25 in accordance with the Convention Relating to the
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1 Status of Refugees (done at Geneva, July 28, 1951),

2 or the Protocol Relating to the Status of Refugees

3 (done at New York, January 31, 1967).

4 ‘‘(b) ESTABLISHMENT OF CARRIER CONSULTANT

5 PROGRAM.—The Attorney General shall assign additional

6 immigration officers to assist air carriers in the detection

7 of fraudulent documents at foreign airports which, based

8 on the records maintained pursuant to subsection (a)(2),

9 served as a point of departure for a significant number

10 of arrivals at United States ports of entry without valid

11 documentation, but where no preinspection station exists.

12 ‘‘(c) CLERICAL AMENDMENT.—The table of contents

13 is amended by inserting after the item relating to section

14 235 the following new item:

‘‘Sec. 235A. Preinspection at foreign airports.’’.

15 SEC. 702. TRAINING OF AIRLINE PERSONNEL IN DETEC16 TION OF FRAUDULENT DOCUMENTS.

17 (a) USE OF FUNDS.—Section 286(h)(2)(A) (8 U.S.C.

18 1356(h)(2)(A)) is amended—

19 (1) in clause (iv), by inserting ‘‘, including

20 training of, and technical assistance to, commercial

21 airline personnel on such detection’’ after ‘‘United

22 States’’, and

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

24 ‘‘The Attorney General shall provide for expenditures for

25 training and assistance described in clause (iv) in an
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1 amount, for any fiscal year, not less than 5 percent of

2 the total of the expenses incurred that are described in

3 the previous sentence.’’.

4 (b) COMPLIANCE WITH DETECTION REGULA5 TIONS.—Section 212(f) (8 U.S.C. 1182(f)) is amended by

6 adding at the end the following: ‘‘Whenever the Attorney

7 General finds that a commercial airline has failed to com8 ply with regulations of the Attorney General relating to

9 requirements of airlines for the detection of fraudulent

10 documents used by passengers traveling to the United

11 States (including the training of personnel in such detec12 tion), the Attorney General may suspend the entry of some

13 or all aliens transported to the United States by such air14 line.’’.

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

16 by subsection (a) shall apply to expenses incurred during

17 or after fiscal year 1995.

18 (2) The Attorney General shall first issue, in pro19 posed form, regulations referred to in the second sentence

20 of section 212(f) of the Immigration and Nationality Act,

21 as added by the amendment made by subsection (b), by

22 not later than 90 days after the date of the enactment

23 of this Act.
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1 SEC. 703. PASSPORT AND VISA OFFENSES PENALTIES IM2 PROVEMENT.

3 (a) IN GENERAL.—Chapter 75 of title 18, United

4 States Code, is amended—

5 (1) in section 1541, by striking ‘‘not more than

6 $500 or imprisoned not more than one year’’ and in7 serting ‘‘under this title or imprisoned not more

8 than 10 years’’;

9 (2) in each of sections 1542, 1543, and 1544,

10 by striking ‘‘not more than $2,000 or imprisoned

11 not more than five years’’ and inserting ‘‘under this

12 title or imprisoned not more than 10 years’’;

13 (3) in section 1545, by striking ‘‘not more than

14 $2,000 or imprisoned not more than three years’’

15 and inserting ‘‘under this title or imprisoned not

16 more than 10 years’’;

17 (4) in section 1546(a), by striking ‘‘five years’’

18 and inserting ‘‘10 years’’;

19 (5) in section 1546(b), by striking ‘‘in accord20 ance with this title, or imprisoned not more than two

21 years’’ and inserting ‘‘under this title or imprisoned

22 not more than 10 years’’; and

23 (6) by adding at the end the following:
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1 ‘‘§ 1547. Alternative imprisonment maximum for cer2 tain offenses

3 ‘‘Notwithstanding any other provision of this title,

4 the maximum term of imprisonment that may be imposed

5 for an offense under this chapter (other than an offense

6 under section 1545)—

7 ‘‘(1) if committed to facilitate a drug traffick8 ing crime (as defined in 929(a) of this title) is 15

9 years; and

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

12 title) is 20 years.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections

14 at the beginning of chapter 75 of title 18, United States

15 Code, is amended by adding at the end the following new

16 item:

‘‘1547. Alternative imprisonment maximum for certain offenses.’’.

17 (c) ASSET FORFEITURE.—Section 981(a)(1) of title

18 18, United States Code, is amended by inserting after sub19 paragraph (F) the following:

20 ‘‘(G) Any property used in committing an of21 fense under section 1543 or 1546 of this title or for

22 which the maximum authorized imprisonment is set

23 by section 1547 of this title.’’.
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1 TITLE VIII—ASYLUM

2 SEC. 801. INSPECTION AND EXCLUSION BY IMMIGRATION

3 OFFICERS.

4 (a) IN GENERAL.—Section 235(b) (8 U.S.C.

5 1225(b)) is amended to read as follows:

6 ‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION

7 OFFICERS.—

8 ‘‘(1) An immigration officer shall inspect each

9 alien who is seeking entry to the United States.

10 ‘‘(2)(A) If the examining immigration officer

11 determines that an alien seeking entry—

12 ‘‘(i) does not present the documentation

13 required (if any) to obtain legal entry to the

14 United States; and

15 ‘‘(ii) does not indicate either an intention

16 to apply for provisional asylum (under section

17 208) or a fear of persecution,

18 the officer shall order the alien excluded from the

19 United States without further hearing or review.

20 ‘‘(B) The examining immigration officer shall

21 refer for immediate inspection at the port of entry

22 by an asylum officer under subparagraph (C) any

23 alien who (i) does not present the documentation re24 quired (if any) to obtain legal entry to the United

25 States, and (ii) has indicated an intention to apply
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1 for provisional asylum or a fear of persecution. Such

2 an alien shall not be considered to have been in3 spected and admitted for purposes of this Act.

4 ‘‘(C)(i) If an asylum officer determines that an

5 alien has a credible fear of persecution, the alien

6 shall be entitled to apply for provisional asylum

7 under section 208.

8 ‘‘(ii)(I) Subject to subclause (II), if an asylum

9 officer determines that an alien does not have a

10 credible fear of persecution the officer shall order

11 the alien excluded from the United States without

12 further hearing or review.

13 ‘‘(II) The Attorney General shall promulgate

14 regulations to provide for the immediate review by

15 another asylum officer at the port of entry of a deci16 sion under subclause (I).

17 ‘‘(iii) For the purposes of this subparagraph,

18 the term ‘credible fear of persecution’ means (I) that

19 it is more probable than not that the statements

20 made by the alien in support of his or her claim are

21 true, and (II) that there is a significant possibility,

22 in light of such statements and of such other facts

23 as are known to the officer that the alien could es24 tablish eligibility for provisional asylum under sec25 tion 208.
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1 ‘‘(iv) Notwithstanding any other provision of

2 law, no court shall have jurisdiction to review, except

3 by petition for habeas corpus, any determination

4 made with respect to an alien found excludable pur5 suant to this paragraph. In any such case, review by

6 habeas corpus shall be limited to examination of

7 whether the petitioner (I) is an alien, and (II) was

8 ordered excluded from the United States pursuant to

9 this paragraph.

10 ‘‘(v) Notwithstanding any other provision of

11 law, no court shall have jurisdiction (I) to review the

12 procedures established by the Attorney General for

13 the determination of exclusion pursuant to this para14 graph, or (II) to enter declaratory or injunctive re15 lief with respect to the implementation of this para16 graph. Regardless of the nature of the suit or claim,

17 no court shall have jurisdiction except by habeas cor18 pus petition as provided in clause (iv) to consider

19 the validity of any adjudication or determination

20 under this paragraph or to provide declaratory or in21 junctive relief with respect to the exclusion of any

22 alien pursuant to this paragraph.

23 ‘‘(vi) In any action brought for the assessment

24 of penalties for improper entry or re-entry of an

25 alien under section 275 or 276, no court shall have
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1 jurisdiction to hear claims collaterally attacking the

2 validity of orders of exclusion or deportation entered

3 under sections 235, 236, and 242.

4 ‘‘(3)(A) Except as provided in subparagraph

5 (B), if the examining immigration officer determines

6 that an alien seeking entry is not clearly and beyond

7 a doubt entitled to enter, the alien shall be detained

8 for a hearing before a special inquiry officer.

9 ‘‘(B) The provisions of subparagraph (A) shall

10 not apply—

11 ‘‘(i) to an alien crewman,

12 ‘‘(ii) to an alien described in paragraph

13 (2)(A) or 2(B), or

14 ‘‘(iii) if the conditions described in section

15 273(d) exist.

16 ‘‘(4) The decision of the examining immigration

17 officer, if favorable to the admission of any alien,

18 shall be subject to challenge by any other immigra19 tion officer and such challenge shall operate to take

20 the alien, whose privilege to enter is so challenged,

21 before a special inquiry officer for a hearing on ex22 clusion of the alien.

23 ‘‘(5) An alien has not entered the United States

24 for purposes of this Act unless and until such alien
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1 has been inspected and admitted by an immigration

2 officer pursuant to this subsection.’’.

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

4 U.S.C. 1227(a)) is amended—

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

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

7 section 235(b)(2), deportation’’; and

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

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

10 235(b)(2), if ’’.

11 SEC. 802. ASYLUM.

12 (a) IN GENERAL.—Section 208 (8 U.S.C. 1158) is

13 amended to read as follows:

14 ‘‘SEC. 208. ASYLUM.

15 ‘‘(a) PROVISIONAL ASYLUM.—

16 ‘‘(1) RIGHT TO APPLY.—The Attorney General

17 shall establish a procedure for an alien physically

18 present in the United States or at a land border or

19 port of entry, irrespective of such alien’s status, to

20 apply for provisional asylum in accordance with this

21 section.

22 ‘‘(2) CONDITIONS FOR GRANTING.—

23 ‘‘(A) MANDATORY CASES.—The Attorney

24 General shall grant provisional asylum to an

25 alien if the alien applies for provisional asylum
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1 in accordance with the requirements of this sec2 tion and establishes that it is more likely than

3 not that in the alien’s country of nationality

4 (or, in the case of a person having no national5 ity, the country in which such alien last habit6 ually resided) such alien’s life or freedom would

7 be threatened on account of race, religion, na8 tionality, membership in a particular social

9 group, or political opinion.

10 ‘‘(B) DISCRETIONARY CASES.—The Attor11 ney General may grant provisional asylum to an

12 alien if the alien applies for provisional asylum

13 in accordance with the requirements of this sec14 tion and establishes that the alien is a refugee

15 within the meaning of section 101(a)(42).

16 ‘‘(C) EXCEPTIONS.—(i) Subparagraphs

17 (A) and (B) shall not apply to an alien if the

18 Attorney General determines that—

19 ‘‘(I) the alien ordered, incited, as20 sisted, or otherwise participated in the per21 secution of any person on account of race,

22 religion, nationality, membership in a par23 ticular social group, or political opinion;

24 ‘‘(II) the alien, having been convicted

25 by a final judgment of a particularly seri-
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1 ous crime, constitutes a danger to the com2 munity of the United States;

3 ‘‘(III) there are serious reasons for

4 believing that the alien has committed a

5 serious nonpolitical crime outside the

6 United States prior to the arrival of the

7 alien in the United States;

8 ‘‘(IV) there are reasonable grounds

9 for regarding the alien as a danger to the

10 security of the United States; or

11 ‘‘(V) a country willing to accept the

12 alien has been identified (other than the

13 country described in subparagraph (A)) to

14 which the alien can be deported or re15 turned and the alien does not establish

16 that it is more likely than not that the

17 alien’s life or freedom would be threatened

18 in such country on account of race, reli19 gion, nationality, membership in a particu20 lar social group, or political opinion.

21 ‘‘(ii)(I) For purposes of clause (i)(II), an

22 alien who has been convicted of an aggravated

23 felony shall be considered to have committed a

24 particularly serious crime.
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1 ‘‘(II) The Attorney General shall promul2 gate regulations that specify additional crimes

3 that will be considered to be a crime described

4 in clause (i)(II) or (i)(III).

5 ‘‘(III) The Attorney General shall promul6 gate regulations establishing such additional

7 limitations and conditions as the Attorney Gen8 eral considers appropriate under which an alien

9 shall be ineligible to apply for provisional asy10 lum under subparagraph (B).

11 ‘‘(3) PROVISIONAL ASYLUM STATUS.—In the

12 case of any alien granted provisional asylum under

13 paragraph (2)(A), the Attorney General, in accord14 ance with this section—

15 ‘‘(A) shall not deport or return the alien to

16 the country described under paragraph (2)(A);

17 ‘‘(B) shall authorize the alien to engage in

18 employment in the United States and provide

19 the alien with an ‘employment authorized’ en20 dorsement or other appropriate work permit;

21 and

22 ‘‘(C) may allow the alien to travel abroad

23 with the prior consent of the Attorney General.

24 ‘‘(4) TERMINATION.—Provisional asylum grant25 ed under paragraph (2) may be terminated if the At-
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1 torney General, pursuant to such regulations as the

2 Attorney General may prescribe, determines that—

3 ‘‘(A) the alien no longer meets the condi4 tions described in paragraph (2) owing to a

5 change in circumstances in the alien’s country

6 of nationality or, in the case of an alien having

7 no nationality, in the country in which the alien

8 last habitually resided;

9 ‘‘(B) the alien meets a condition described

10 in paragraph (2)(C); or

11 ‘‘(C) a country willing to accept the alien

12 has been identified (other than the country de13 scribed in paragraph (2)) to which the alien can

14 be deported or returned and the alien cannot

15 establish that it is more likely than not that the

16 alien’s life or freedom would be threatened in

17 such country on account of race, religion, na18 tionality, membership in a particular social

19 group, or political opinion.

20 ‘‘(5) ACCEPTANCE BY ANOTHER COUNTRY.—In

21 the case of an alien described in paragraph

22 (2)(C)(i)(V) or paragraph (4)(C), the alien’s depor23 tation or return shall be directed by the Attorney

24 General in the sole discretion of the Attorney Gen25 eral, to any country which is willing to accept the
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1 alien into its territory (other than the country de2 scribed in paragraph (2)(A)).

3 ‘‘(b) PROVISIONAL ASYLUM APPLICATIONS.—

4 ‘‘(1) IN GENERAL.—

5 ‘‘(A) DEADLINE.—Subject to subpara6 graph (B), an alien’s application for provisional

7 asylum shall not be considered under this sec8 tion unless—

9 ‘‘(i) the alien has filed, not later than

10 30 days after entering or coming to the

11 United States, notice of intention to file

12 such an application, and

13 ‘‘(ii) such application is actually filed

14 not later than 60 days after entering or

15 coming to the United States.

16 ‘‘(B) EXCEPTION.—An application for pro17 visional asylum may be considered, not with18 standing that the requirements of subparagraph

19 (A) have not been met, only if the alien dem20 onstrates by clear and convincing evidence

21 changed circumstances in the alien’s country of

22 nationality (or in the case of an alien with no

23 nationality, in the country where the alien last

24 habitually resided) affecting eligibility for provi25 sional asylum.
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1 ‘‘(2) REQUIREMENTS.—An application for pro2 visional asylum shall not be considered unless the

3 alien submits to the taking of fingerprints and a

4 photograph in a manner determined by the Attorney

5 General.

6 ‘‘(3) PREVIOUS DENIAL OF ASYLUM.—An appli7 cation for provisional asylum shall not be considered

8 if the alien has been denied asylum by a country in

9 which the alien had access to a full and fair proce10 dure for determining his or her asylum claim in ac11 cordance with a bilateral or multilateral agreement

12 between that country and the United States.

13 ‘‘(4) FEES.—In the discretion of the Attorney

14 General, the Attorney General may impose reason15 able fees for the consideration of an application for

16 provisional asylum, for employment authorization

17 under this section, and for adjustment of status

18 under section 209(b). The Attorney General is au19 thorized to provide for the assessment and payment

20 of any such fee over a period of time or by install21 ments.

22 ‘‘(5) EMPLOYMENT.—An applicant for provi23 sional asylum is not entitled to engage in employ24 ment in the United States. The Attorney General

25 may authorize an alien who has filed an application
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1 for provisional asylum to engage in employment in

2 the United States, in the discretion of the Attorney

3 General.

4 ‘‘(6) NOTICE OF CONSEQUENCES OF FRIVOLOUS

5 APPLICATIONS.—At the time of filing a notice of in6 tention to apply for provisional asylum, the alien

7 shall be advised of the consequences, under sub8 section (e), of filing a frivolous application for provi9 sional asylum.

10 ‘‘(c) SANCTIONS FOR FAILURE TO APPEAR.—

11 ‘‘(1) Subject to paragraph (2), the application

12 for provisional asylum of an alien who does not ap13 pear for a hearing on such application shall be sum14 marily dismissed unless the alien can show excep15 tional circumstances (as defined in section

16 242B(f)(2)) as determined by an asylum officer or

17 immigration judge.

18 ‘‘(2) Paragraph (1) shall not apply if written

19 and oral notice were not provided to the alien of the

20 time and place at which the asylum hearing was to

21 be held, and in the case of any change or postpone22 ment in such time or place, written and oral notice

23 were provided to the alien of the new time or place

24 of the hearing.

25 ‘‘(d) ASYLUM.—
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1 ‘‘(1) ADJUSTMENT OF STATUS.—Under such

2 regulations as the Attorney General may prescribe,

3 the Attorney General shall adjust to the status of an

4 alien granted asylum the status of any alien granted

5 provisional asylum under subsection (a)(2)(A) or

6 (a)(2)(B) who—

7 ‘‘(A) applies for such adjustment;

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

9 United States for at least 1 year after being

10 granted provisional asylum;

11 ‘‘(C) continues to be eligible for provisional

12 asylum under this section; and

13 ‘‘(D) is admissible under this Act at the

14 time of examination for adjustment of status

15 under this subsection.

16 ‘‘(2) TREATMENT OF SPOUSE AND CHIL17 DREN.—A spouse or child (as defined in section

18 101(b) (A), (B), (C), (D), or (E)) of an alien whose

19 status is adjusted to that of an alien granted asylum

20 under paragraph (a)(2) may be granted the same

21 status as the alien if accompanying, or following to

22 join, such alien.

23 ‘‘(3) APPLICATION FEES.—The Attorney Gen24 eral may impose a reasonable fee for the filing of an

25 application for asylum under this subsection.
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1 ‘‘(e) DENIAL OF IMMIGRATION BENEFITS FOR FRIV2 OLOUS APPLICATIONS.—

3 ‘‘(1) IN GENERAL.—If the Attorney General de4 termines that an alien has made a frivolous applica5 tion for provisional asylum under this section and

6 the alien has received the notice under subsection

7 (b)(5), the alien shall be permanently ineligible for

8 any benefits under this Act, effective as of the date

9 of a final determination on such application.

10 ‘‘(2) TREATMENT OF MATERIAL MISREPRESEN11 TATIONS.—For purposes of this subsection, an appli12 cation considered to be ‘frivolous’ includes, but is

13 not limited to, an application which contains a will14 ful misrepresentation or concealment of a material

15 fact.’’.

16 (b) CLERICAL AMENDMENT.—The item in the table

17 of contents relating to section 208 is amended to read as

18 follows:

‘‘Sec. 208. Asylum.’’.

19 SEC. 803. FAILURE TO APPEAR FOR PROVISIONAL ASYLUM

20 HEARING; JUDICIAL REVIEW.

21 (a) FAILURE TO APPEAR FOR PROVISIONAL ASYLUM

22 HEARING.—Section 242B(e)(4) (8 U.S.C. 1252b(e)(4)) is

23 amended—

24 (1) in the heading, by striking ‘‘ASYLUM’’ and

25 inserting ‘‘PROVISIONAL ASYLUM’’;
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1 (2) by striking ‘‘asylum’’ each place it appears

2 and inserting ‘‘provisional asylum’’; and

3 (3) in subparagraph (A), by striking all after

4 clause (iii) and inserting ‘‘shall not be eligible for

5 any benefits under this Act.’’.

6 (b) JUDICIAL REVIEW.—Section 106 (8 U.S.C.

7 1105a) is amended by adding at the end the following sub8 section:

9 ‘‘(e) The procedure prescribed by, and all the provi10 sions of chapter 158 of title 28, United States Code, shall

11 apply to, and shall be the sole and exclusive procedure for,

12 the judicial review of all final orders granting or denying

13 provisional asylum, except that—

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

15 than 90 days after the date of the issuance of the

16 final order granting or denying provisional asylum;

17 ‘‘(2) the venue of any petition for review under

18 this subsection shall be in the judicial circuit in

19 which the administrative proceedings were conducted

20 in whole or in part, or in the judicial circuit wherein

21 is the residence, as defined in this Act, of the peti22 tioner, but not in more than one circuit; and

23 ‘‘(3) notwithstanding any other provision of

24 law, a determination granting or denying provisional

25 asylum based on changed circumstances pursuant to
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1 section 208(b)(1)(A)(ii) shall be in the sole discre2 tion of the officer conducting the administrative pro3 ceeding.’’.

4 SEC. 804. CONFORMING AMENDMENTS.

5 (a) LIMITATION ON DEPORTATION.—Section 243 (8

6 U.S.C. 1253) is amended by striking subsection (h).

7 (b) ADJUSTMENT OF STATUS.—Section 209(b) (8

8 U.S.C. 1159(b)) is amended—

9 (1) in paragraph (2) by striking ‘‘one year’’ and

10 inserting ‘‘2 years’’; and

11 (2) by amending paragraph (3) to read as

12 follows:

13 ‘‘(3) continues to be eligible for provisional asy14 lum under section 208,’’.

15 (c) ALIENS INELIGIBLE FOR TEMPORARY PRO16 TECTED STATUS.—Section 244A(c)(2)(B)(ii) (8 U.S.C.

17 1254a(c)(2)(B)(ii)) is amended by striking ‘‘section

18 243(h)(2)’’ and inserting ‘‘section 208(a)(2)(C)’’.

19 (d) ELIGIBILITY FOR NATURALIZATION.—Section

20 316(f)(1) (8 U.S.C. 1427(f)(1)) is amended by striking

21 ‘‘subparagraphs (A) through (D) of paragraph 243(h)(2)’’

22 and inserting ‘‘section 208(a)(2)(C).’’.

23 (e) FAMILY UNITY.—Section 301(e) of the Immigra24 tion Act of 1990 (Public Law 101–649) is amended by
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1 striking ‘‘section 243(h)(2)’’ and inserting ‘‘section

2 208(a)(2)(C).’’.

3 SEC. 805. EFFECTIVE DATES.

4 (a) IN GENERAL.—Except as otherwise provided, the

5 amendments made by this title shall take effect on the

6 date of the enactment of this Act.

7 (b) EXCEPTIONS.—(1) The amendments made by

8 this title shall not apply to applications for asylum or with9 holding of deportation made before the first day of the

10 first month that begins more than 180 days after the date

11 of the enactment of this Act and no application for provi12 sional asylum under section 208 of the Immigration and

13 Nationality Act (as amended by section 801 of this title)

14 shall be considered before such first day.

15 (2) In applying section 208(b)(1)(A) of the Immigra16 tion and Nationality Act (as amended by this title) in the

17 case of an alien who has entered or came to the United

18 States before the first day described in paragraph (1), not19 withstanding the deadlines specified in such section—

20 (A) the deadline for the filing of a notice of in21 tention to file an application for provisional asylum

22 is 30 days after such first day, and

23 (B) the deadline for the filing of the application

24 for provisional asylum is 30 days after the date of

25 filing such notice.
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1 (3) The amendments made by section 803(b) (relat2 ing to adjustment of status) shall not apply to aliens

3 granted asylum under section 208 of the Immigration and

4 Nationality Act, as in effect before the date of the enact5 ment of this Act.

6 TITLE IX—FUNDING

7 SEC. 901. REDUCTION IN OVERHEAD COSTS INCURRED IN

8 FEDERALLY SPONSORED RESEARCH.

9 (a) LIMITATION.—Notwithstanding any other law, on

10 and after the date of the enactment of this Act, each head

11 of a Federal agency making a grant to, or entering into

12 a contract with, an institution of higher education for re13 search and development, shall—

14 (1) reduce the overhead payment rate used to

15 pay for indirect costs related to such research and

16 development to a rate not to exceed 50 percent of

17 the modified total direct costs that are incurred by

18 such institution for such research and development;

19 and

20 (2) return the amount saved as a result of

21 paragraph (1) to the general fund of the Treasury.

22 (b) CBO SCORING.—The Congressional Budget Of23 fice estimates that the reduction in overhead payments for

24 federally funded university research required by this sec25 tion will produce savings of $1,240,000,000 over the 5-
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1 year period beginning October 1, 1995, and ending Sep2 tember 30, 1999.

3 (c) DEFINITIONS.—For the purpose of this section—

4 (1) the term ‘‘indirect costs’’ means administra5 tive costs and the costs of library and student serv6 ices, building and equipment, and operations and

7 maintenance;

8 (2) the term ‘‘institution of higher education’’

9 has the meaning stated in section 1201(a) of the

10 Higher Education Act of 1965 (20 U.S.C. 1141(a));

11 (3) the term ‘‘Federal agency’’ means a depart12 ment, agency, or instrumentality of the Federal Gov13 ernment (including an executive agency (as defined

14 in section 105 of title 5, United States Code)); and

15 (4) the term ‘‘modified total direct costs’’

16 means the costs of—

17 (A) salaries and wages;

18 (B) fringe benefits;

19 (C) materials, supplies, services and travel;

20 and

21 (D) awarding a subgrant to, or entering

22 into a subcontract for, not more than $25,000.

Æ

S 999 IS——2

S 999 IS——3
74

•S 999 IS

S 999 IS——4

S 999 IS——5

S 999 IS——6