II

103D CONGRESS

2D SESSION S. 2105

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

MAY 11 (legislative day, MAY 2), 1994

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 1994’’.
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1 SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—INTERDICTION

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.

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 alien smuggling and for employers who knowingly employ smuggled aliens.

Sec. 204. Wiretap authority for alien smuggling investigations.

TITLE III—INS INVESTIGATORS

Sec. 301. Immigration and Naturalization Service investigators.

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.

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 who are not permanent residents.

Sec. 504. Judicial deportation.

Sec. 505. Restricting defenses to deportation for certain criminal aliens.

Sec. 506. Enhancing penalties for failing to depart, or reentering, after final

order of deportation.

Sec. 507. Miscellaneous and technical changes.

Sec. 508. Criminal alien tracking center.

Sec. 509. Prisoner transfer treaty study.

Sec. 510. Expediting criminal alien deportation and exclusion.

Sec. 511. Incarceration of or payment for criminal aliens by the Federal Government.

TITLE VI—TERRORIST ALIENS
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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 SEC. 101. PHYSICAL BARRIERS.

3 The Attorney General, in consultation with the Com4 missioner of the Immigration and Naturalization Service,

5 shall take action to install additional physical barriers at

6 the United States border to deter unauthorized crossings

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

8 additional barriers shall include barriers similar to those

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

10 SEC. 102. BORDER PATROL AGENTS.

11 In addition to such amounts as are otherwise author12 ized to be appropriated, there is authorized to be appro13 priated for each of the fiscal years 1995, 1996, 1997,

14 1998, and 1999 for salaries and expenses of the Border

15 Patrol such amounts as may be necessary to provide for

16 an increase in the number of agents of the Border Patrol
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1 by 6,000 full-time equivalent agent positions (and nec2 essary support personnel positions) beyond the number of

3 such positions authorized for the Border Patrol as of Octo4 ber 1, 1993.

5 SEC. 103. INTERIOR REPATRIATION PROGRAM.

6 Not later than 180 days after the date of enactment

7 of this Act, the Attorney General and the Commissioner

8 of the Immigration and Naturalization Service shall de9 velop and implement a program in which aliens who pre10 viously have illegally entered the United States not less

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

12 contiguous to the United States will be returned to loca13 tions not less than 500 kilometers from that country’s bor14 der with the United States.

15 SEC. 104. DETENTION FACILITIES.

16 (a) BORDER DETENTION FACILITIES.—Not later

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

18 the Attorney General and the Commissioner of the Immi19 gration and Naturalization Service shall take appropriate

20 action to increase the capability of the Immigration and

21 Naturalization Service to detain individuals who have ille22 gally entered the United States at a border area.

23 (b) TRANSFER OF CLOSED MILITARY BASES FOR

24 FEDERAL ILLEGAL ALIEN INCARCERATION FACILI25 TIES.—
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1 (1) PRIORITY AVAILABILITY TO DEPARTMENT

2 OF JUSTICE.—Notwithstanding any other provision

3 of law, a military installation or facility of the De4 partment of Defense to be closed under a base clo5 sure law may be made available, as determined by

6 the Attorney General, to the Bureau of Prisons of

7 the Department of Justice for use as a facility for

8 the incarceration of aliens who are subject to exclu9 sion or deportation from the United States.

10 (2) DEFINITION.—For purposes of this sub11 section, the term ‘‘base closure law’’ means each of

12 the following:

13 (A) The Defense Base Closure and Re14 alignment Act of 1990 (part A of title XXIX of

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

16 (B) Title II of the Defense Authorization

17 Amendments and Base Closure and Realign18 ment Act (Public Law 100–526; 10 U.S.C.

19 2687 note).

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

21 Code.

22 (D) Any other similar law enacted after

23 the date of the enactment of this Act.
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1 SEC. 105. NOTICE TO SERVICE OF PORT OF ENTRY ARRIV2 ALS.

3 The Attorney General is authorized to require, by

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

5 Immigration and Naturalization Service of the intention

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

7 TITLE II—ALIEN SMUGGLING

8 SEC. 201. EXPANDED FORFEITURE FOR SMUGGLING OR

9 HARBORING ILLEGAL ALIENS.

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

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

12 1324(b)) is amended to read as follows:

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

14 following property shall be subject to seizure and forfeit15 ure:

16 ‘‘(i) Any conveyance, including any vessel, vehi17 cle, or aircraft, which has been or is being used in

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

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

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

21 traceable to, the proceeds obtained directly or

22 indirectly from the commission of a violation of

23 subsection (a), or

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

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

26 subsection (a)(1)(A).
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1 ‘‘(B)(i) No property used by any person as a common

2 carrier in the transaction of business as a common carrier

3 shall be forfeited under this section, unless the owner or

4 other person with lawful custody of the property was a

5 consenting party to or privy to the violation of subsection

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

7 ‘‘(ii) No property shall be forfeited under the provi8 sions of this section by reason of any act or omission es9 tablished by the owner to have been committed or omitted

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

11 unlawfully in the possession of a person other than the

12 owner in violation of the criminal laws of the United

13 States or of any State.

14 ‘‘(iii) No property shall be forfeited under the provi15 sions of this section to the extent of an interest of the

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

17 the owner to have been committed or omitted without the

18 knowledge, consent, or willful disregard of the owner, un19 less the act or omission was committed or omitted by an

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

21 custody of the property with the intent of furthering the

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

23 the owner or other person with lawful custody of the prop24 erty.’’.
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1 (b) CONFORMING AMENDMENTS.—Section 274(b) of

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

3 (1) in paragraph (2)—

4 (A) by striking ‘‘conveyance’’ and inserting

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

6 (B) by striking ‘‘is being used in’’ and in7 serting ‘‘is being used in, is facilitating, has fa8 cilitated, is facilitating or was intended to facili9 tate’’; and

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

11 conveyance’’, ‘‘any conveyance’’, and ‘‘conveyance’’

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

13 SEC. 202. INCLUDING ALIEN SMUGGLING AS A RACKETEER14 ING ACTIVITY FOR PURPOSES OF RACK15 ETEERING INFLUENCED AND CORRUPT OR16 GANIZATIONS (RICO) ENFORCEMENT AU17 THORITY.

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

19 amended—

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

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

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

23 section 274(a)(1) of the Immigration and National24 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 Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is amend5 ed—

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

7 (C),

8 (2) by striking the comma at the end of sub9 paragraph (D) and inserting ‘‘; or’’,

10 (3) by inserting after subparagraph (D) the fol11 lowing:

12 ‘‘(E) contracts or agrees with another party for

13 that party to provide, for employment by the person

14 or another, an alien who is not authorized to be em15 ployed in the United States, knowing that such

16 party intends to cause such alien to be brought into

17 the United States in violation of the laws of the

18 United States,’’, and

19 (4) by striking ‘‘five years’’ and inserting ‘‘ten

20 years’’.

21 SEC. 204. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN22 VESTIGATIONS.

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

24 amended—

25 (1) in paragraph (c) by inserting after ‘‘weap26 ons),’’ the following: ‘‘or a felony violation of section
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1 1028 (relating to production of false identification

2 documentation), section 1542 (relating to false

3 statements in passport applications), section 1546

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

5 other documents),’’;

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

7 redesignating paragraphs (m), (n), and (o) as para8 graphs (n), (o), and (p), respectively; and

9 (3) by inserting after paragraph (l) the follow10 ing new paragraph:

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

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

13 smuggling), of section 277 of the Immigration and Nation14 ality Act (8 U.S.C. 1327) (relating to the smuggling of

15 aliens convicted of aggravated felonies or of aliens subject

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

17 278 of the Immigration and Nationality Act (8 U.S.C.

18 1328) (relating to smuggling of aliens for the purpose of

19 prostitution or other immoral purpose);’’.

20 TITLE III—INS INVESTIGATORS

21 SEC. 301. IMMIGRATION AND NATURALIZATION SERVICE

22 INVESTIGATORS.

23 In addition to such amounts as are otherwise author24 ized to be appropriated, there is authorized to be appro25 priated for each of the fiscal years 1995, 1996, 1997,
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1 1998, and 1999 for salaries and expenses of the Immigra2 tion and Naturalization Service such amounts as may be

3 necessary to provide for an increase in the number of in4 vestigators of the Immigration and Naturalization Service

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

6 such support personnel as are necessary) beyond the num7 ber of such positions authorized as of October 1, 1993.

8 TITLE IV—GOVERNMENT

9 BENEFITS

10 SEC. 401. PROHIBITION OF BENEFITS FOR CERTAIN CAT11 EGORIES OF ALIENS.

12 (a) DIRECT FEDERAL FINANCIAL BENEFITS.—Sub13 ject to subsection (b) and the Immigration and Nationality

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

15 alien not lawfully within the United States as a permanent

16 resident, a refugee, an asylee, or a parolee is not eligible

17 for any direct Federal financial benefit or social insurance

18 benefit (whether through grant, loan, guarantee, or other19 wise) as such benefits are identified by the Attorney Gen20 eral in consulation with other appropriate heads of the

21 various departments and agencies of the Federal Govern22 ment.

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

24 shall not apply with respect to the Federal reimbursement
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1 of emergency medical care for aliens, as determined by the

2 Secretary of Health and Human Services by regulation.

3 SEC. 402. UNEMPLOYMENT BENEFITS.

4 (a) PROHIBITION.—An alien who has not been grant5 ed employment authorization pursuant to the Immigration

6 and Nationality Act or other Federal law shall be ineligible

7 for unemployment compensation under an unemployment

8 compensation law of a State or the United States.

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

10 temporary work authorization shall be eligible only for un11 employment compensation under an employment com12 pensation law of a State or the United States that accrued

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

14 SEC. 403. HOUSING BENEFITS.

15 (a) LIMITATION.—Notwithstanding section 401 or

16 any other provision of law, no alien who is not a perma17 nent resident, a refugee, an asylee, or a parolee shall be

18 eligible for benefits under the following provisions of law:

19 (1) The program of rental assistance on behalf

20 of low-income families provided under section 8 of

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

22 1437f).

23 (2) The program of assistance to public housing

24 under title I of the United States Housing Act of

25 1937 (42 U.S.C. 1437 et seq.).
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1 (3) The loan program under section 502 of the

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

3 (4) The program of interest reduction payments

4 pursuant to contracts entered into by the Secretary

5 of Housing and Urban Development under section

6 236 of the National Housing Act (12 U.S.C. 1715z–

7 1).

8 (5) The program of loans for rental and cooper9 ative housing under section 515 of the Housing Act

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

11 (6) The program of rental assistance payments

12 pursuant to contracts entered into under section

13 521(a)(2)(A) of the Housing Act of 1949 (42 U.S.C.

14 1490a(a)(2)(A)).

15 (7) The program of assistance payments on be16 half of homeowners under section 235 of the Na17 tional Housing Act (12 U.S.C. 1715z).

18 (8) The program of rent supplement payments

19 on behalf of qualified tenants pursuant to contracts

20 entered into under section 101 of the Housing and

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

22 (9) The loan and grant programs under section

23 504 of the Housing Act of 1949 (42 U.S.C. 1474)

24 for repairs and improvements to rural dwellings.
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1 (10) The loan and assistance programs under

2 sections 514 and 516 of the Housing Act of 1949

3 (42 U.S.C. 1484, 1486) for housing for farm labor.

4 (11) The program of grants for preservation

5 and rehabilitation of housing under section 533 of

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

7 (12) The program of grants and loans for mu8 tual and self-help housing and technical assistance

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

10 U.S.C. 1490c).

11 (13) The program of site loans under section

12 524 of the Housing Act of 1949 (42 U.S.C. 1490d).

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

14 the Secretary of Housing and Urban Development shall

15 issue final regulations to carry out subsection (a).

16 SEC. 404. SAVE SYSTEM.

17 There are authorized to be appropriated for each of

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

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

20 the automated SAVE system established under section

21 121 of the Immigration Reform and Control Act of 1986

22 (Public Law 99–603).
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1 SEC. 405. LIMITATION ON FEDERAL FINANCIAL ASSIST2 ANCE TO LOCALITIES THAT REFUSE TO CO3 OPERATE IN THE ARREST AND DEPORTATION

4 OF UNLAWFUL ALIENS.

5 Notwithstanding any other provision of law, Federal

6 financial assistance shall be reduced by 20 percent to any

7 local government on and after such date as the Attorney

8 General certifies that the local government has an official

9 policy of refusing to cooperate with officers or employees

10 of the Department of Justice (including the Immigration

11 and Naturalization Service) with respect to the arrest and

12 deportation of aliens who are not lawfully present within

13 the United States. Such reduction in assistance is not re14 imbursable and shall continue for as long as the policy

15 of noncooperation remains in effect.

16 SEC. 406. UNIFORM VITAL STATISTICS.

17 (a) PILOT PROGRAM.—The Secretary of Health and

18 Human Services shall consult with the State agency re19 sponsible for registration and certification of births and

20 deaths and, within 3 years of the date of enactment of

21 this Act, shall establish a pilot program for 3 of the 5

22 States with the largest number of undocumented aliens

23 of an electronic network linking the vital statistics records

24 of such States. The network shall provide, where practical,

25 for the matching of deaths with births and shall enable

26 the confirmation of births and deaths of citizens of such
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1 States, or of aliens within such States, by any Federal

2 or State agency or official in the performance of official

3 duties. The Secretary and participating State agencies

4 shall institute measures to achieve uniform and accurate

5 reporting of vital statistics into the pilot program network,

6 to protect the integrity of the registration and certification

7 process, and to prevent fraud against the Government and

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

10 (b) REPORT.—Not later than 180 days after the es11 tablishment of the pilot program under subsection (a), the

12 Secretary shall issue a written report to Congress with rec13 ommendations on how the pilot program could effectively

14 be instituted as a national network for the United States.

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated for fiscal year 1994 and

17 for subsequent fiscal years such sums as may be necessary

18 to carry out this section.

19 TITLE V—CRIMINAL ALIENS

20 SEC. 501. AUTHORIZING REGISTRATION OF ALIENS ON

21 CRIMINAL PROBATION OR CRIMINAL PA22 ROLE.

23 Section 263(a) of the Immigration and Nationality

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

25 and inserting ‘‘(5) aliens who are or have been on criminal
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1 probation or criminal parole pursuant to the laws of the

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

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

4 FELONY’’.

5 (a) EXPANSION IN DEFINITION.—Section 101(a)(43)

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

7 1101(a)(43)) is amended to read as follows:

8 ‘‘(43) The term ‘aggravated felony’ means—

9 ‘‘(A) murder;

10 ‘‘(B) any illicit trafficking in any con11 trolled substance (as defined in section 102 of

12 the Controlled Substances Act), including any

13 drug trafficking crime as defined in section

14 924(c) of title 18, United States Code;

15 ‘‘(C) any illicit trafficking in any firearms

16 or destructive devices as defined in section 921

17 of title 18, United States Code, or in explosive

18 materials as defined in section 841(c) of title

19 18, United States Code;

20 ‘‘(D) any offense described in sections

21 1951 through 1963 of title 18, United States

22 Code;

23 ‘‘(E) any offense described in—

24 ‘‘(i) subsections (h) or (i) of section

25 842, title 18, United States Code, or sub-
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1 section (d), (e), (f), (g), (h), or (i) of sec2 tion 844 of title 18, United States Code

3 (relating to explosive materials offenses),

4 ‘‘(ii) paragraph (1), (2), (3), (4), or

5 (5) of section 922(g), or section 922(j),

6 section 922(n), section 922(o), section

7 922(p), section 922(r), section 924(b), or

8 section 924(h) of title 18, United States

9 Code (relating to firearms offenses), or

10 ‘‘(iii) section 5861 of title 26, United

11 States Code (relating to firearms offenses);

12 ‘‘(F) any crime of violence (as defined in

13 section 16 of title 18, United States Code, not

14 including a purely political offense) for which

15 the term of imprisonment imposed (regardless

16 of any suspension of such imprisonment) is at

17 least 5 years;

18 ‘‘(G) any theft offense (including receipt of

19 stolen property) or any burglary offense, where

20 a sentence of 5 years imprisonment or more

21 may be imposed;

22 ‘‘(H) any offense described in section 875,

23 section 876, section 877, or section 1202 of

24 title 18, United States Code (relating to the de25 mand for or receipt of ransom);
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1 ‘‘(I) any offense described in section 2251,

2 section 2251A or section 2252 of title 18,

3 United States Code (relating to child pornog4 raphy);

5 ‘‘(J) 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 ‘‘(K) 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 ‘‘(L) any offense—

15 ‘‘(i) relating to the owning, control16 ling, managing or supervising of a pros17 titution business,

18 ‘‘(ii) described in section 2421

19 through 2424 of title 18, United States

20 Code, for commercial advantage, or

21 ‘‘(iii) described in sections 1581

22 through 1585, or section 1588, of title 18,

23 United States Code (relating to peonage,

24 slavery, and involuntary servitude);
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1 ‘‘(M) any offense relating to perjury or

2 subornation of perjury where a sentence of 5

3 years imprisonment or more may be imposed;

4 ‘‘(N) any offense described in—

5 ‘‘(i) section 793 (relating to gathering

6 or transmitting national defense informa7 tion), section 798 (relating to disclosure of

8 classified information), section 2153 (relat9 ing to sabotage) or section 2381 or section

10 2382 (relating to treason) of title 18,

11 United States Code, or

12 ‘‘(ii) section 421 of title 50, United

13 States Code (relating to protecting the

14 identity of undercover intelligence agents);

15 ‘‘(O) any offense—

16 ‘‘(i) involving fraud or deceit where

17 the loss to the victim or victims exceeded

18 $200,000; or

19 ‘‘(ii) described in section 7201 of title

20 26, United States Code (relating to tax

21 evasion), where the tax loss to the Govern22 ment exceeds $200,000;

23 ‘‘(P) any offense described in section

24 274(a)(1) of the Immigration and Nationality
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1 Act (relating to alien smuggling) for the pur2 pose of commercial advantage;

3 ‘‘(Q) any violation of section 1546(a) of

4 title 18, United States Code (relating to docu5 ment fraud), for the purpose of commercial ad6 vantage; or

7 ‘‘(R) any offense relating to failing to ap8 pear before a court pursuant to a court order

9 to answer to or dispose of a charge of a felony,

10 where a sentence of 2 years or more may be im11 posed;

12 or any attempt or conspiracy to commit any such

13 act. Such term applies to offenses described in this

14 paragraph whether in violation of Federal or State

15 law and applies to such offenses in violation of the

16 laws of a foreign country for which the term of im17 prisonment was completed within the previous 15

18 years.’’.

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

20 this section shall apply to all convictions entered before,

21 on, or after the date of enactment of this Act.
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1 SEC. 503. DEPORTATION PROCEDURES FOR CERTAIN

2 CRIMINAL ALIENS WHO ARE NOT PERMA3 NENT RESIDENTS.

4 (a) TECHNICAL AND CONFORMING CHANGES.—Sec5 tion 242A of the Immigration and Nationality Act (8

6 U.S.C. 1252a) is amended as follows:

7 (1) In subsection (a)—

8 (A) by striking ‘‘(a) IN GENERAL.—’’ and

9 inserting ‘‘(b) DEPORTATION OF PERMANENT

10 RESIDENT ALIENS.—(1) IN GENERAL.—’’; and

11 (B) by inserting in the first sentence ‘‘per12 manent resident’’ after ‘‘correctional facilities

13 for’’;

14 (2) In subsection (b)—

15 (A) by striking ‘‘(b) IMPLEMENTATION.—’’

16 and inserting ‘‘(2) IMPLEMENTATION.—’’; and

17 (B) by striking ‘‘respect to an’’ and insert18 ing ‘‘respect to a permanent resident’’;

19 (3) By striking out subsection (c);

20 (4) In subsection (d)—

21 (A) by striking ‘‘(d) EXPEDITED PRO22 CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE23 DITED PROCEEDINGS.—(A)’’;

24 (B) by inserting ‘‘permanent resident’’

25 after ‘‘in the case of any’’; and

26 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;
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1 (5) In subsection (e)—

2 (A) by striking ‘‘(e) REVIEW.—(1)’’ and

3 inserting ‘‘(4) REVIEW.—(A)’’;

4 (B) by striking the second sentence; and

5 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

6 (6) By inserting after the section heading the

7 following new subsection:

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

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

11 (7) The heading of such section is amended to

12 read as follows:

13 ‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF

14 COMMITTING AGGRAVATED FELONIES’’.

15 (b) ELIMINATION OF ADMINISTRATIVE HEARING FOR

16 CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi17 gration and Nationality Act (8 U.S.C. 1252a) is amended

18 by adding at the end the following:

19 ‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PER20 MANENT RESIDENTS.—

21 ‘‘(1) Notwithstanding section 242, and subject

22 to paragraph (5), the Attorney General may issue a

23 final order of deportation against any alien described

24 in paragraph (2) whom the Attorney General deter25 mines to be deportable under section
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1 241(a)(2)(A)(iii) (relating to conviction of an aggra2 vated felony).

3 ‘‘(2) An alien is described in this paragraph if

4 the alien—

5 ‘‘(A) was not lawfully admitted for perma6 nent residence at the time that proceedings

7 under this section commenced, or

8 ‘‘(B) had permanent resident status on a

9 conditional basis (as described in section 216)

10 at the time that proceedings under this section

11 commenced.

12 ‘‘(3) The Attorney General may delegate the

13 authority in this section to the Commissioner or to

14 any District Director of the Service.

15 ‘‘(4) No alien described in this section shall be

16 eligible for—

17 ‘‘(A) any relief from deportation that the

18 Attorney General may grant in his discretion,

19 or

20 ‘‘(B) relief under section 243(h).

21 ‘‘(5) The Attorney General may not execute any

22 order described in paragraph (1) until 14 calendar

23 days have passed from the date that such order was

24 issued, in order that the alien has an opportunity to

25 apply for judicial review under section 106.’’.
25

•S 2105 IS

1 (c) LIMITED JUDICIAL REVIEW.—Section 106 of the

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

3 amended—

4 (1) in the first sentence of subsection (a), by in5 serting ‘‘or pursuant to section 242A’’ after ‘‘under

6 section 242(b)’’;

7 (2) in subsection (a)(1) and subsection (a)(3),

8 by inserting ‘‘(including an alien described in section

9 242A)’’ after ‘‘aggravated felony’’; and

10 (3) by adding at the end the following new sub11 section:

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

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

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

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

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

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

18 this section shall apply to all aliens against whom deporta19 tion proceedings are initiated after the date of enactment

20 of this Act.

21 SEC. 504. JUDICIAL DEPORTATION.

22 (a) JUDICIAL DEPORTATION.—Section 242A of the

23 Immigration and Nationality Act (8 U.S.C. 1252a) is

24 amended by inserting at the end the following new sub25 section:
26

•S 2105 IS

1 ‘‘(d) JUDICIAL DEPORTATION.—

2 ‘‘(1) AUTHORITY.—Notwithstanding any other

3 provision of this Act, a United States district court

4 shall have jurisdiction to enter a judicial order of de5 portation at the time of sentencing against an alien

6 whose criminal conviction causes such alien to be de7 portable under section 241(a)(2)(A)(iii) (relating to

8 conviction of an aggravated felony), if such an order

9 has been requested prior to sentencing by the United

10 States Attorney with the concurrence of the Com11 missioner.

12 ‘‘(2) PROCEDURE.—

13 ‘‘(A) The United States Attorney shall pro14 vide notice of intent to request judicial deporta15 tion promptly after the entry in the record of

16 an adjudication of guilt or guilty plea. Such no17 tice shall be provided to the court, to the alien,

18 and to the alien’s counsel of record.

19 ‘‘(B) Notwithstanding section 242B, the

20 United States Attorney, with the concurrence of

21 the Commissioner, shall file at least 20 days

22 prior to the date set for sentencing a charge

23 containing factual allegations regarding the

24 alienage of the defendant and satisfaction by
27

•S 2105 IS

1 the defendant of the definition of aggravated

2 felony.

3 ‘‘(C) If the court determines that the de4 fendant has presented substantial evidence to

5 establish prima facie eligibility for relief from

6 deportation under section 212(c), the Commis7 sioner shall provide the court with a rec8 ommendation and report regarding the alien’s

9 eligibility for relief under such section. The

10 court shall either grant or deny the relief

11 sought.

12 ‘‘(D)(i) The alien shall have a reasonable

13 opportunity to examine the evidence against

14 him or her, to present evidence on his or her

15 own behalf, and to cross-examine witnesses pre16 sented by the Government.

17 ‘‘(ii) The court, for the purposes of deter18 mining whether to enter an order described in

19 paragraph (1), shall only consider evidence that

20 would be admissible in proceedings conducted

21 pursuant to section 242(b).

22 ‘‘(iii) Nothing in this subsection shall limit

23 the information a court of the United States

24 may receive or consider for the purposes of im25 posing an appropriate sentence.
28

•S 2105 IS

1 ‘‘(iv) The court may order the alien de2 ported if the Attorney General demonstrates by

3 clear and convincing evidence that the alien is

4 deportable under this Act.

5 ‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JU6 DICIAL ORDER OF DEPORTATION.—

7 ‘‘(A)(i) A judicial order of deportation or

8 denial of such order may be appealed by either

9 party to the court of appeals for the circuit in

10 which the district court is located.

11 ‘‘(ii) Except as provided in clause (iii),

12 such appeal shall be considered consistent with

13 the requirements described in section 106.

14 ‘‘(iii) Upon execution by the defendant of

15 a valid waiver of the right to appeal the convic16 tion on which the order of deportation is based,

17 the expiration of the period described in section

18 106(a)(1), or the final dismissal of an appeal

19 from such conviction, the order of deportation

20 shall become final and shall be executed at the

21 end of the prison term in accordance with the

22 terms of the order.

23 ‘‘(B) As soon as is practicable after entry

24 of a judicial order of deportation, the Commis25 sioner shall provide the defendant with written
29

•S 2105 IS

1 notice of the order of deportation, which shall

2 designate the defendant’s country of choice for

3 deportation and any alternate country pursuant

4 to section 243(a).

5 ‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial of a

6 request for a judicial order of deportation shall not

7 preclude the Attorney General from initiating depor8 tation proceedings pursuant to section 242 upon the

9 same ground of deportability or upon any other

10 ground of deportability provided under section

11 241(a).’’.

12 (b) TECHNICAL AND CONFORMING CHANGES.—The

13 ninth sentence of section 242(b) of the Immigration and

14 Nationality Act (8 U.S.C. 1252(b)) is amended by striking

15 out ‘‘The’’ and inserting in lieu thereof, ‘‘Except as pro16 vided in section 242A(d), the’’.

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

18 this section shall apply to all aliens whose adjudication of

19 guilt or guilty plea is entered in the record after the date

20 of enactment of this Act.

21 SEC. 505. RESTRICTING DEFENSES TO DEPORTATION FOR

22 CERTAIN CRIMINAL ALIENS.

23 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA24 NENT RESIDENCE.—The last sentence of section 212(c)

25 of the Immigration and Nationality Act (8 U.S.C.
30

•S 2105 IS

1 1182(c)) is amended by striking out ‘‘has served for such

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

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

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

5 5 years, provided that the time for appealing such convic6 tion or sentence has expired and the sentence has become

7 final.’’.

8 (b) DEFENSES BASED ON WITHHOLDING OF DEPOR9 TATION.—Section 243(h)(2) of the Immigration and Na10 tionality Act (8 U.S.C. 1253(h)(2)) is amended—

11 (1) by striking out the final sentence and in12 serting in lieu thereof the following new subpara13 graph:

14 ‘‘(E) the alien has been convicted of an ag15 gravated felony.’’; and

16 (2) by striking out the ‘‘or’’ at the end of sub17 paragraph (C) and inserting ‘‘or’’ at the end of sub18 paragraph (D).

19 SEC. 506. ENHANCING PENALTIES FOR FAILING TO DE20 PART, OR REENTERING, AFTER FINAL ORDER

21 OF DEPORTATION.

22 (a) FAILURE TO DEPART.—Section 242(e) of the Im23 migration and Nationality Act (8 U.S.C. 1252(e)) is

24 amended—
31

•S 2105 IS

1 (1) by striking out ‘‘paragraph (2), (3), or 4

2 of’’ the first time it appears, and

3 (2) by striking out ‘‘shall be imprisoned not

4 more than ten years’’ and inserting in lieu thereof,

5 ‘‘shall be imprisoned not more than two years, or

6 shall be imprisoned not more than ten years if the

7 alien is a member of any of the classes described in

8 paragraph (2), (3), or (4) of section 241(a).’’.

9 (b) REENTRY.—Section 276(b) of the Immigration

10 and Nationality Act (8 U.S.C. 1326(b)) is amended—

11 (1) in paragraph (1)—

12 (A) by inserting after ‘‘commission of’’ the

13 following: ‘‘three or more misdemeanors or’’,

14 and

15 (B) by striking out ‘‘5’’ and inserting in

16 lieu thereof ‘‘10’’,

17 (2) in paragraph (2), by striking out ‘‘15’’ and

18 inserting in lieu thereof ‘‘20’’, and

19 (3) by adding at the end the following sentence:

20 ‘‘For the purposes of this subsection, the term ‘depor21 tation’ shall include any agreement where an alien stipu22 lates to deportation during a criminal trial under either

23 Federal or State law.’’.

24 (c) COLLATERAL ATTACKS ON UNDERLYING DEPOR25 TATION ORDER.—Section 276 of the Immigration and Na-
32

•S 2105 IS

1 tionality Act (8 U.S.C. 1326) is amended by inserting

2 after subsection (b) the following new subsection:

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

4 no alien may challenge the validity of the deportation

5 order described in subsection (a)(1) or subsection (b) un6 less the alien demonstrates—

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

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

9 seek relief against such order,

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

11 such order was issued improperly deprived the alien

12 of the opportunity for judicial review, and

13 ‘‘(3) that the entry of such order was fun14 damentally unfair.’’.

15 SEC. 507. MISCELLANEOUS AND TECHNICAL CHANGES.

16 (a) FORM OF DEPORTATION HEARINGS.—The sec17 ond sentence of section 242(b) of the Immigration and

18 Nationality Act (8 U.S.C. 1252(b)) is amended by insert19 ing before the period the following: ‘‘; except that nothing

20 in this subsection shall preclude the Attorney General

21 from authorizing proceedings by electronic or telephonic

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

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

24 alien.’’.
33

•S 2105 IS

1 (b) CONSTRUCTION OF EXPEDITED DEPORTATION

2 REQUIREMENTS.— No amendment made by this Act and

3 nothing in section 242(i) of the Immigration and Nation4 ality Act (8 U.S.C. 1252(i)), shall be construed to create

5 any right or benefit, substantive or procedural, which is

6 legally enforceable by any party against the United States,

7 its agencies, its officers or any other person.

8 SEC. 508. CRIMINAL ALIEN TRACKING CENTER.

9 (a) OPERATION.—The Commissioner of Immigration

10 and Naturalization, with the cooperation of the Director

11 of the Federal Bureau of Investigation and the heads of

12 other agencies, shall, under the authority of section

13 242(a)(3)(A) of the Immigration and Nationality Act (8

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

15 center.

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

17 shall be used to assist Federal, State, and local law en18 forcement agencies in identifying and locating aliens who

19 may be subject to deportation by reason of their conviction

20 of aggravated felonies.

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There

22 are authorized to be appropriated to carry out this section

23 $2,000,000 for fiscal year 1995 and $5,000,000 for each

24 of the fiscal years 1996, 1997, 1998, and 1999.
34

•S 2105 IS

1 SEC. 509. 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.
35

•S 2105 IS

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
36

•S 2105 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. 510. 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
37

•S 2105 IS

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:
38

•S 2105 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 SEC. 511. INCARCERATION OF OR PAYMENT FOR CRIMINAL

15 ALIENS BY THE FEDERAL GOVERNMENT.

16 (a) DEFINITION.—In this section, the phrase ‘‘crimi17 nal alien who has been convicted of a felony and is incar18 cerated in a State or local correctional facility’’ means an

19 alien who—

20 (1)(A) is in the United States in violation of the

21 immigration laws; or

22 (B) is deportable or excludable under the Immi23 gration and Nationality Act (8 U.S.C. 1101 et seq.);

24 and
39

•S 2105 IS

1 (2) has been convicted of a felony under State

2 or local law and incarcerated in a correctional facil3 ity of the State or a subdivision of the State.

4 (b) FEDERAL CUSTODY.—At the request of a State

5 or political subdivision of a State, the Attorney General

6 shall—

7 (1)(A) take custody of a criminal alien who has

8 been convicted of a felony and is incarcerated in a

9 State or local correctional facility; and

10 (B) provide for the imprisonment of the crimi11 nal alien in a Federal prison in accordance with the

12 sentence of the State court; or

13 (2) enter into a contractual arrangement with

14 the State or local government to compensate the

15 State or local government for incarcerating alien

16 criminals for the duration of their sentences.

17 TITLE VI—TERRORIST ALIENS

18 SEC. 601. REMOVAL OF ALIEN TERRORISTS.

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

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

21 following new section:

22 ‘‘REMOVAL OF ALIEN TERRORISTS

23 ‘‘SEC. 242C. (a) DEFINITIONS.—As used in this sec24 tion—

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

26 described in section 241(a)(4)(B);
40

•S 2105 IS

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

2 same meaning as defined in section 1(a) of the Clas3 sified Information Procedures Act (18 U.S.C. App.

4 IV);

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

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

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

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

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

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

11 the hearing described in subsection (e) of this sec12 tion.

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

14 provisions of this section shall apply whenever the Attor15 ney General certifies under seal to the special court that—

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

17 General has approved of the proceeding under this

18 section;

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

20 the United States; and

21 ‘‘(3) removal of such alien terrorist by deporta22 tion proceedings described in sections 242, 242A, or

23 242B would pose a risk to the national security of

24 the United States because such proceedings would

25 disclose classified information.
41

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

2 United States shall publicly designate up to 7 judges from

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

4 cases arising under this section, in a manner consistent

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

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

7 1803(a)).

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

9 discretion, designate the same judges under this section

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

11 United States Code.

12 ‘‘(d) INVOCATION OF SPECIAL COURT PROCE13 DURE.—(1) When the Attorney General makes the appli14 cation described in subsection (b), a single judge of the

15 special court shall consider the application in camera and

16 ex parte.

17 ‘‘(2) The judge shall invoke the procedures of sub18 section (e), if the judge determines that there is probable

19 cause to believe that—

20 ‘‘(A) the alien who is the subject of the applica21 tion has been correctly identified;

22 ‘‘(B) a deportation proceeding described in sec23 tions 242, 242A, or 242B would pose a risk to the

24 national security of the United States because such
42

•S 2105 IS

1 proceedings would disclose classified information;

2 and

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

4 presence is immediate and involves the risk of death

5 or serious bodily harm.

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

7 provided in paragraph (4), the special removal hearing au8 thorized by a showing of probable cause described in sub9 section (d)(2) shall be open to the public.

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

11 hearing and to be represented by counsel. Any alien finan12 cially unable to obtain counsel shall be entitled to have

13 counsel assigned to represent such alien. Counsel may be

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

15 States Code.

16 ‘‘(3) The alien shall have a right to introduce evi17 dence on his own behalf, and except as provided in para18 graph (4), shall have a right to cross-examine any witness

19 or request that the judge issue a subpoena for the pres20 ence of a named witness.

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

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

23 the judge determines that public disclosure would pose a

24 risk to the national security of the United States because

25 it would disclose classified information.
43

•S 2105 IS

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.
44

•S 2105 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.
45

•S 2105 IS

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.’’.
46

•S 2105 IS

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 (a) IN GENERAL.—The Immigration and Nationality

25 Act is amended by inserting after section 235 the following

26 new section:
47

•S 2105 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, 1994, 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.
48

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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.—

16 (1) The amendments made by subsection (a)

17 shall apply to expenses incurred during or after fis18 cal year 1994.

19 (2) The Attorney General shall first issue, in

20 proposed form, regulations referred to in the second

21 sentence of section 212(f) of the Immigration and

22 Nationality Act, as added by the amendment made

23 by subsection (b), by not later than 90 days after

24 the date of the enactment 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 ‘‘(d) 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.—

8 (1) The amendments made by this title shall

9 not apply to applications for asylum or withholding

10 of deportation made before the first day of the first

11 month that begins more than 180 days after the

12 date of the enactment of this Act and no application

13 for provisional asylum under section 208 of the Im14 migration and Nationality Act (as amended by sec15 tion 801 of this title) shall be considered before such

16 first day.

17 (2) In applying section 208(b)(1)(A) of the Im18 migration and Nationality Act (as amended by this

19 title) in the case of an alien who has entered or

20 came to the United States before the first day de21 scribed in paragraph (1), notwithstanding the dead22 lines specified in such section—

23 (A) the deadline for the filing of a notice

24 of intention to file an application for provisional

25 asylum is 30 days after such first day, and
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1 (B) the deadline for the filing of the appli2 cation for provisional asylum is 30 days after

3 the date of filing such notice.

4 (3) The amendments made by section 803(b)

5 (relating to adjustment of status) shall not apply to

6 aliens granted asylum under section 208 of the Im7 migration and Nationality Act, as in effect before

8 the date of the enactment of this Act.

9 TITLE IX—FUNDING

10 SEC. 901. REDUCTION IN OVERHEAD COSTS INCURRED IN

11 FEDERALLY SPONSORED RESEARCH.

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

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

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

15 a contract with, an institution of higher education for re16 search and development, shall—

17 (1) reduce the overhead payment rate used to

18 pay for indirect costs related to such research and

19 development to a rate not to exceed 50 percent of

20 the modified total direct costs that are incurred by

21 such institution for such research and development;

22 and

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

24 paragraph (1) to the general fund of the Treasury.
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1 (b) CBO SCORING.—The Congressional Budget Of2 fice estimates that the reduction in overhead payments for

3 federally funded university research required by this sec4 tion will produce savings of $1,240,000,000 over the 5-

5 year period beginning October 1, 1994, and ending Sep6 tember 30, 1999.

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

8 (1) the term ‘‘indirect costs’’ means administra9 tive costs and the costs of library and student serv10 ices, building and equipment, and operations and

11 maintenance;

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

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

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

15 (3) the term ‘‘Federal agency’’ means a depart16 ment, agency, or instrumentality of the Federal Gov17 ernment (including an executive agency (as defined

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

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

20 means the costs of—

21 (A) salaries and wages;

22 (B) fringe benefits;

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

24 and
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1 (D) awarding a subgrant to, or entering

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

Æ

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