```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 756 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 756

  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 HOUSE OF REPRESENTATIVES

                            January 31, 1995

    Mr. Hunter (for himself, Mr. Moorhead, Mr. Young of Alaska, Mr. 
 Rohrabacher, Mr. McCollum, Mr. Kim, Mr. Cunningham, Mr. Calvert, Mr. 
 Stump, Mr. Burton of Indiana, Mr. Bryant of Tennessee, Mr. Gallegly, 
   Mr. Greenwood, Mr. Collins of Georgia, Mr. Canady of Florida, Mr. 
   Goodlatte, Mr. McKeon, Mr. Bilbray, and Mr. Shaw) introduced the 
 following bill; which was referred to the Committee on the Judiciary 
  and, in addition, to the Committees on National Security, Ways and 
   Means, Banking and Financial Services, and Government Reform and 
 Oversight, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Illegal Immigration Control Act of 
1995''.

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.
Sec. 106. Border crossing fee.
Sec. 107. Border Control Trust Fund.
                       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. Improvement of work eligibility documents.
Sec. 302. 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. Restricting defenses to deportation for certain criminal 
                            aliens.
Sec. 503. Miscellaneous and technical changes.
Sec. 504. Criminal alien tracking center.
Sec. 505. Prisoner transfer treaty study.
Sec. 506. 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.
                           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 I--INTERDICTION

SEC. 101. PHYSICAL BARRIERS.

    The Attorney General, in consultation with the Commissioner of the 
Immigration and Naturalization Service, shall take action to install 
additional physical barriers at the United States border to deter 
unauthorized crossings in areas of high illegal entry into the United 
States. Such additional barriers shall include barriers similar to 
those in use in the San Diego, California, vicinity.

SEC. 102. BORDER PATROL AGENTS.

    In addition to such amounts as are otherwise authorized to be 
appropriated, there is authorized to be appropriated for each of the 
fiscal years 1996, 1997, 1998, 1999, and 2000 for salaries and expenses 
of the Border Patrol such amounts as may be necessary to provide for an 
increase in the number of agents of the Border Patrol to 10,000 full-
time equivalent agent positions (and necessary support personnel 
positions) beyond the number of such positions authorized for the 
Border Patrol as of October 1, 1994.

SEC. 103. INTERIOR REPATRIATION PROGRAM.

    Not later than 180 days after the date of enactment of this Act, 
the Attorney General and the Commissioner of the Immigration and 
Naturalization Service shall develop and implement a program in which 
aliens who previously have illegally entered the United States not less 
than 3 times and are deported or returned to a country contiguous to 
the United States will be returned to locations not less than 500 
kilometers from that country's border with the United States.

SEC. 104. DETENTION FACILITIES.

    (a) Border Detention Facilities.--Not later than 180 days after the 
date of enactment of this Act, the Attorney General and the 
Commissioner of the Immigration and Naturalization Service shall take 
appropriate action to increase the capability of the Immigration and 
Naturalization Service to detain individuals who have illegally entered 
the United States at a border area.
    (b) Transfer of Closed Military Bases for Federal Illegal Alien 
Incarceration Facilities.--
            (1) Priority availability to department of justice.--
        Notwithstanding any other provision of law, a military 
        installation or facility of the Department of Defense to be 
        closed under a base closure law may be made available, as 
        determined by the Attorney General, to the Bureau of Prisons of 
        the Department of Justice for use as a facility for the 
        incarceration of aliens who are subject to exclusion or 
        deportation from the United States.
            (2) Definition.--For purposes of this subsection, the term 
        ``base closure law'' means each of the following:
                    (A) The Defense Base Closure and Realignment Act of 
                1990 (part A of title XXIX of Public Law 101-510; 10 
                U.S.C. 2687 note).
                    (B) Title II of the Defense Authorization 
                Amendments and Base Closure and Realignment Act (Public 
                Law 100-526; 10 U.S.C. 2687 note).
                    (C) Section 2687 of title 10, United States Code.
                    (D) Any other similar law enacted after the date of 
                the enactment of this Act.

SEC. 105. NOTICE TO SERVICE OF PORT OF ENTRY ARRIVALS.

    The Attorney General is authorized to require, by regulation, not 
less than 24 hour advance notice to the Immigration and Naturalization 
Service of the intention of any vessel to arrive at any port of entry.

SEC. 106. BORDER CROSSING FEE.

    The Commissioner shall collect a user fee for each entry into the 
United States by land after December 31, 1995. The amount of the fee to 
be charged shall be determined by the Commission and the Attorney 
General and such amount (rounded to the nearest whole dollar) shall not 
exceed the current fee charged to persons entering the United States by 
air. The Commissioner by regulation may establish a reduced fee or a 
multiple-crossing fee for frequent border crossers.

SEC. 107. BORDER CONTROL TRUST FUND.

    There is established a Border Control Trust Fund (``Fund'') under 
the control of the Commissioner. The fees collected under section 106 
shall be deposited into the Fund. Amounts deposited into the Fund and 
the earnings thereon shall be expended by the Commissioner exclusively 
for (1) measures, personnel, structures, and devices to deter and 
prevent illegal entry of persons and contraband into the United States 
by land or by sea, (2) construction and operation of facilities to 
expedite lawful border traffic and reduce, where practical, extensive 
delays in the time required for lawful entry of goods and persons, (3) 
deportation of aliens, (4) construction and operation of facilities 
used to detain individuals who have entered the United States illegally 
at the border including the mandate costs necessary to fully utilize 
INS Service Processing Center facilities, available local and State 
facilities, and available contract facilities, and (5) financial and 
other assistance to State and local law enforcement agencies that have 
entered into cooperative arrangements with the Immigration and 
Naturalization Service. Not less than 80 percent of the sum of (a) 
amounts deposited into the Fund during a fiscal year and (b) the 
earnings of the Fund during that fiscal year shall be expended during 
that or the subsequent fiscal year.

                       TITLE II--ALIEN SMUGGLING

SEC. 201. EXPANDED FORFEITURE FOR SMUGGLING OR HARBORING ILLEGAL 
              ALIENS.

    (a) In General.--Paragraph (1) of section 274(b) of the Immigration 
and Nationality Act (8 U.S.C. 1324(b)) is amended to read as follows:
    ``(1)(A) Except as provided in subparagraph (B), the following 
property shall be subject to seizure and forfeiture:
            ``(i) Any conveyance, including any vessel, vehicle, or 
        aircraft, which has been or is being used in the commission of 
        a violation of subsection (a).
            ``(ii) Any property, real or personal, which--
                    ``(I) constitutes, or is derived from or traceable 
                to, the proceeds obtained directly or indirectly from 
                the commission of a violation of subsection (a), or
                    ``(II) is used to facilitate, or is intended to be 
                so used in the commission of, a violation of subsection 
                (a)(1)(A).
    ``(B)(i) No property used by any person as a common carrier in the 
transaction of business as a common carrier shall be forfeited under 
this section, unless the owner or other person with lawful custody of 
the property was a consenting party to or privy to the violation of 
subsection (a) or of section 274A(a)(1) or 274A(a)(2).
    ``(ii) No property shall be forfeited under the provisions of this 
section by reason of any act or omission established by the owner to 
have been committed or omitted by a person other than the owner while 
the property was unlawfully in the possession of a person other than 
the owner in violation of the criminal laws of the United States or of 
any State.
    ``(iii) No property shall be forfeited under the provisions of this 
section to the extent of an interest of the owner, by reason of any act 
or omission established by the owner to have been committed or omitted 
without the knowledge, consent, or willful disregard of the owner, 
unless the act or omission was committed or omitted by an employee or 
agent of the owner or other person with lawful custody of the property 
with the intent of furthering the business interests of, or to confer 
any other benefit upon, the owner or other person with lawful custody 
of the property.''.
    (b) Conforming Amendments.--Section 274(b) of such Act (8 U.S.C. 
1324(b)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``conveyance'' and inserting 
                ``property'' each place it appears, and
                    (B) by striking ``is being used in'' and inserting 
                ``is being used in, is facilitating, has facilitated, 
                is facilitating or was intended to facilitate''; and
            (2) in paragraphs (4) and (5), by striking ``a 
        conveyance'', ``any conveyance'', and ``conveyance'' and 
        inserting ``property'' each place it appears.

SEC. 202. INCLUDING ALIEN SMUGGLING AS A RACKETEERING ACTIVITY FOR 
              PURPOSES OF RACKETEERING INFLUENCED AND CORRUPT 
              ORGANIZATIONS (RICO) ENFORCEMENT AUTHORITY.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' before ``(E) any act'', and
            (2) by inserting before the period at the end the 
        following: ``, or (F) any act which is indictable under section 
        274(a)(1) of the Immigration and Nationality Act (relating to 
        alien smuggling)''.

SEC. 203. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING AND FOR 
              EMPLOYERS WHO KNOWINGLY EMPLOY SMUGGLED ALIENS.

    Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (C),
            (2) by striking the comma at the end of subparagraph (D) 
        and inserting ``; or'',
            (3) by inserting after subparagraph (D) the following:
            ``(E) contracts or agrees with another party for that party 
        to provide, for employment by the person or another, an alien 
        who is not authorized to be employed in the United States, 
        knowing that such party intends to cause such alien to be 
        brought into the United States in violation of the laws of the 
        United States,'', and
            (4) by striking ``five years'' and inserting ``ten years''.

SEC. 204. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

    Section 2516(1) of title 18, United State Code, is amended--
            (1) in paragraph (c) by inserting after ``weapons),'' the 
        following: ``or a felony violation of section 1028 (relating to 
        production of false identification documentation), section 1542 
        (relating to false statements in passport applications), 
        section 1546 (relating to fraud and misuse of visas, permits, 
        and other documents),'';
            (2) by striking out ``or'' after paragraph (l) and 
        redesignating paragraphs (m), (n), and (o) as paragraphs (n), 
        (o), and (p), respectively; and
            (3) by inserting after paragraph (l) the following new 
        paragraph:
    ``(m) a violation of section 274 of the Immigration and Nationality 
Act (8 U.S.C. 1324) (relating to alien smuggling), of section 277 of 
the Immigration and Nationality Act (8 U.S.C. 1327) (relating to the 
smuggling of aliens convicted of aggravated felonies or of aliens 
subject to exclusion on grounds of national security), or of section 
278 of the Immigration and Nationality Act (8 U.S.C. 1328) (relating to 
smuggling of aliens for the purpose of prostitution or other immoral 
purpose);''.

                         TITLE III--EMPLOYMENT

SEC. 301. IMPROVEMENT OF WORK ELIGIBILITY DOCUMENTS.

    (a) Work Eligibility Documents and Verification of Eligibility to 
Work.--Section 274A(b) of the Immigration and Nationality Act is 
amended--
            (1) by striking paragraph (1) of subsection (b) and 
        inserting:
            ``(1) Attestation after examination and verification of 
        documentation.--The person or entity must attest, under penalty 
        or perjury and on a form designated or established by the 
        Attorney General by regulation, that it has verified that the 
        individual is not an unauthorized alien by--
                    ``(A) examining the individual's Social Security 
                account number card issued pursuant to subsection 
                (d)(1), and
                    ``(B) verifying the individual's Social Security 
                account number through the verification system 
                established pursuant to subsection (d)(4).'',
            (2) by inserting the following paragraph and redesignating 
        the subsequent paragraphs accordingly:
            ``(2) Verification of continued work eligibility for aliens 
        with limited work authorization.--In the case of an alien whose 
        work authorization has an expiration date, a person or entity 
        who continues to employ such an alien after the date the 
        employment authorization expires must verify, through the 
        verification system established pursuant to subsection (d)(4), 
        that the alien's work authorization has been extended.'', and
            (3) by adding at the end the following:
            ``(7) Notwithstanding any other provision of law, a person 
        or entity may not be considered to discriminate by requesting 
        the production of the documentation required under this 
        subsection in the hiring, recruiting, or referring of an 
        individual for employment in the United States.''.
    (b) Effective Dates.--(1) Subsection (a)(1) shall be effective as 
of July 1, 1996.
    (2) Paragraphs (2) and (3) of subsection (a) shall be effective 
upon enactment of this Act.
    (c) Enhancement of Social Security Cards and Establishment of 
Employment Verification System.--Section 274A(d) of the Immigration and 
Nationality Act is amended to read as follows:
    ``(d) Employment Verification System.--
            ``(1) Enhancement of social security cards.--
                    ``(A) Issuance of enhanced card for citizens.--The 
                Secretary shall cause to be issued enhanced Social 
                Security account number cards to United States citizens 
                and United States nationals who are 16 years of age or 
                older upon application, proof of identity, proof of 
                citizenship or nationality, and payment of a reasonable 
                fee.
                    ``(B) Issuance of enhanced card for aliens.--The 
                Secretary shall cause to be issued enhanced Social 
                Security account number cards to aliens lawfully 
                admitted for permanent residence or who are otherwise 
                authorized to work in the United States and who are 16 
                years of age or older upon application, proof of 
                identity, verification of status by the Immigration and 
                Naturalization Service, and payment of a reasonable 
                fee.
            ``(2) Requirements of new cards.--(A) The cards issued 
        pursuant to paragraph (1) shall--
                    ``(i) be uniform in appearance,
                    ``(ii) be as tamper-proof and counterfeit-resistant 
                as is practicable,
                    ``(iii) contain a photograph and such other 
                identifying information that is specific to each person 
                as the Secretary shall determine,
                    ``(iv) contain the name, sex, date of birth, 
                citizenship status, and Social Security account number 
                of the issuee, and
                    ``(v) incorporate a machine-readable encoding of 
                the information contained in the card.
            ``(B) The cards issued pursuant to paragraph (1)(B) to 
        aliens who are not permanent resident aliens shall indicate 
        whether the work authorization granted to the alien has an 
        expiration date.
            ``(3) Implementation.--(A) All Social Security account 
        number cards issued after July 1, 1996, must be issued pursuant 
        to the requirements under this subsection.
            ``(B) After July 1, 1996, individuals applying for 
        employment shall be required to apply for enhanced Social 
        Security account cards to be issued pursuant to paragraph (1).
            ``(C) By January 1, 2000, all individuals who are 16 years 
        of age or older and who have a Social Security account number 
        must apply for Social Security account number card issued 
        pursuant to paragraph (1).
            ``(4) Verification system.--
                    ``(A) In general.--The Secretary, in consultation 
                with the Attorney General, shall make such 
                modifications and improvements as are necessary to 
                current data bases and systems to develop and implement 
                a verification system that a person or entity can 
                access by telephone or other electronic means. Such 
                system shall allow for verification that an 
                individual's Social Security account number--
                            ``(i) has been issued,
                            ``(ii) was issued to an individual 
                        authorized to work in the United States, and
                            ``(iii) is not a number issued to a 
                        deceased individual that has not been reissued.
                The system shall also provide any other information 
                that the Secretary and Attorney General determine is 
                needed to verify that the number is a number issued 
                validly to the individual and that such individual is 
                authorized to work in the United States.
                    ``(B) Access fee.--A fee, not to exceed $2 plus any 
                line charges payable to a telephone carrier or 
                equivalent entity, shall be charged for each instance 
of accessing the verification system to pay for the costs of operating 
the system.
                    ``(C) Effective date.--The verification system 
                required by this paragraph shall be operational by July 
                1, 1996.
            ``(5) Funding of employment verification system.--
                    ``(A) The amount of the fee that is to be charged 
                under paragraph (1) shall be the amount (rounded to the 
                nearest whole dollar), not exceeding $40, required to 
                cover the costs of issuing the cards. The Secretary 
                shall provide for the waiver of any fee for persons 
                unable to pay.
                    ``(B) Any costs incurred in developing and 
                implementing the new Social Security account number 
                cards and verification system established under this 
                subsection that exceed the fees collected under 
                paragraph (1) shall not be paid for out of any trust 
                fund established under the Social Security Act.
            ``(6) Privacy protections.--
                    ``(A) Any personal information utilized by the 
                system may not be made available to Government 
                agencies, employers, and other persons except to the 
                extent necessary to verify that an individual is not an 
                unauthorized alien.
                    ``(B) The system must protect the privacy and 
                security of personal information and identifiers 
                utilized in the system.
                    ``(C) A verification that an employee or 
                prospective employee is eligible to be employed in the 
                United States may not be withheld or revoked under the 
                system for any reason other than that the employee or 
                prospective employee is an unauthorized alien.
                    ``(D) The system may not be used for law 
                enforcement purposes, other than for enforcement of 
                this Act or section 1001, 1028, 1546, and 1621 of title 
                18, United States Code.
                    ``(E) The cards issued pursuant to this subsection 
                may not be required to be presented for any purpose 
                other than under this Act (or enforcement of sections 
                1001, 1028, 1546, and 1621 of title 18, United States 
                Code) nor to be carried on one's person.
                    ``(F) Unauthorized use or disclosure of the 
                information or identifiers contained in the employment 
                verification system shall be punishable by civil and 
                criminal penalties.
            ``(7) Monitoring and improvements in system.--(A) The 
        Attorney General shall provide for the monitoring and 
        evaluation of the degree to which the employment verification 
        system established under subsection (b) provides a secure 
        system to determine employment eligibility in the United 
        States.
            ``(B) To the extent that the system established under this 
        subsection and subsection (b) is found not to be a secure 
        system to determine employment eligibility in the United 
        States, the Attorney General shall recommend such changes in 
        (including additions to) the system as may be necessary to 
        establish such a system.
            ``(8) Definitions.--For purposes of this subsection--
                    ``(A) the term `Secretary' means the Secretary of 
                Health and Human Services, and
                    ``(B) the term `State' means one of the United 
                States, the District of Columbia, or Puerto Rico.''.
    (d) Conforming Amendments.--(1) Section 274A of the Immigration and 
Nationality Act is amended--
            (A) in subsection (b), by striking ``following three 
        paragraphs'' and inserting ``following four paragraphs'', and
            (B) by striking subsections (i), (j), (k), (l), (m), and 
        (n).
    (2) This subsection shall be effective on July 1, 1996.

SEC. 302. IMMIGRATION AND NATURALIZATION SERVICE INVESTIGATORS.

    In addition to such amounts as are otherwise authorized to be 
appropriated, there is authorized to be appropriated for each of the 
fiscal years 1996, 1997, 1998, 1999, and 2000 for salaries and expenses 
of the Immigration and Naturalization Service such amounts as may be 
necessary to provide for an increase in the number of investigators of 
the Immigration and Naturalization Service by 1,000 full-time 
equivalent investigator positions (and such support personnel as are 
necessary) beyond the number of such positions authorized as of October 
1, 1994.

                     TITLE IV--GOVERNMENT BENEFITS

SEC. 401. PROHIBITION OF BENEFITS FOR CERTAIN CATEGORIES OF ALIENS.

    (a) Direct Federal Financial Benefits.--Subject to subsection (b) 
and the Immigration and Nationality Act, and notwithstanding any other 
provision of law, an alien not lawfully within the United States as a 
permanent resident, a refugee, an asylee, or a parolee is not eligible 
for any direct Federal financial benefit or social insurance benefit 
(whether through grant, loan, guarantee, or otherwise) as such benefits 
are identified by the Attorney General in consultation with other 
appropriate heads of the various departments and agencies of the 
Federal Government.
    (b) Emergency Medical Care.--Subsection (a) shall not apply with 
respect to the Federal reimbursement of emergency medical care for 
aliens, as determined by the Secretary of Health and Human Services by 
regulation.

SEC. 402. UNEMPLOYMENT BENEFITS.

    (a) An alien who has not been granted employment authorization 
pursuant to the Immigration and Nationality Act or other Federal law 
shall be ineligible for unemployment compensation under an unemployment 
compensation law of a State or the United States.
    (b) An alien granted temporary work authorization shall be eligible 
only for unemployment compensation under an employment compensation law 
of a State or the United States that accrued during such time as the 
alien was authorized to work.

SEC. 403. HOUSING BENEFITS.

    (a) Limitation.--Notwithstanding section 401 or any other provision 
of law, no alien who is not a permanent resident, a refugee, an asylee, 
or a parolee shall be eligible for benefits under the following 
provisions of law:
            (1) The program of rental assistance on behalf of low-
        income families provided under section 8 of the United States 
        Housing Act of 1937 (42 U.S.C. 1437f).
            (2) The program of assistance to public housing under title 
        I of the United States Housing Act of 1937 (42 U.S.C. 1437 et 
        seq.).
            (3) The loan program under section 502 of the Housing Act 
        of 1949 (42 U.S.C. 1472).
            (4) The program of interest reduction payments pursuant to 
        contracts entered into by the Secretary of Housing and Urban 
        Development under section 236 of the National Housing Act (12 
        U.S.C. 1715z-1).
            (5) The program of loans for rental and cooperative housing 
        under section 515 of the Housing Act of 1949 (42 U.S.C. 1485).
            (6) The program of rental assistance payments pursuant to 
        contracts entered into under section 521(a)(2)(A) of the 
        Housing Act of 1949 (42 U.S.C. 1490a(a)(2)(A)).
            (7) The program of assistance payments on behalf of 
        homeowners under section 235 of the National Housing Act (12 
        U.S.C. 1715z).
            (8) The program of rent supplement payments on behalf of 
        qualified tenants pursuant to contracts entered into under 
        section 101 of the Housing and Urban Development Act of 1965 
        (12 U.S.C. 1701s).
            (9) The loan and grant programs under section 504 of the 
        Housing Act of 1949 (42 U.S.C. 1474) for repairs and 
        improvements to rural dwellings.
            (10) The loan and assistance programs under sections 514 
        and 516 of the Housing Act of 1949 (42 U.S.C. 1484, 1486) for 
        housing for farm labor.
            (11) The program of grants for preservation and 
        rehabilitation of housing under section 533 of the Housing Act 
        of 1949 (42 U.S.C. 1490m).
            (12) The program of grants and loans for mutual and self-
        help housing and technical assistance under section 523 of the 
        Housing Act of 1949 (42 U.S.C. 1490c).
            (13) The program of site loans under section 524 of the 
        Housing Act of 1949 (42 U.S.C. 1490d).
    (b) Regulations.--Not later than January 1, 1995, the Secretary of 
Housing and Urban Development shall issue final regulations to carry 
out subsection (a).

SEC. 404. SAVE SYSTEM.

    There are authorized to be appropriated for each of the fiscal 
years 1996, 1997, 1998, 1999, and 2000 such sums as may be necessary to 
carry out the purposes of the automated SAVE system established under 
section 121 of the Immigration Reform and Control Act of 1986 (Public 
Law 99-603).

SEC. 405. LIMITATION ON FEDERAL FINANCIAL ASSISTANCE TO LOCALITIES THAT 
              REFUSE TO COOPERATE IN THE ARREST AND DEPORTATION OF 
              UNLAWFUL ALIENS.

    Notwithstanding any other provision of law, Federal financial 
assistance shall be reduced by 20 percent to any local government on 
and after such date as the Attorney General certifies that the local 
government has an official policy of refusing to cooperate with 
officers or employees of the Department of Justice (including the 
Immigration and Naturalization Service) with respect to the arrest and 
deportation of aliens who are not lawfully present within the United 
States. Such reduction in assistance is not reimbursable and shall 
continue for as long as the policy of noncooperation remains in effect.

SEC. 406. UNIFORM VITAL STATISTICS.

    (a) Pilot Program.--The Secretary of Health and Human Services 
shall consult with the State agency responsible for registration and 
certification of births and deaths and, within 3 years of the date of 
enactment of this Act, shall establish a pilot program for 3 of the 5 
States with the largest number of undocumented aliens of an electronic 
network linking the vital statistics records of such States. The 
network shall provide, where practical, for the matching of deaths with 
births and shall enable the confirmation of births and deaths of 
citizens of such States, or of aliens within such States, by any 
Federal or State agency or official in the performance of official 
duties. The Secretary and participating State agencies shall institute 
measures to achieve uniform and accurate reporting of vital statistics 
into the pilot program network, to protect the integrity of the 
registration and certification process, and to prevent fraud against 
the Government and other persons through the use of false birth or 
death certificates.
    (b) Report.--Not later than 180 days after the establishment of the 
pilot program under subsection (a), the Secretary shall issue a written 
report to Congress with recommendations on how the pilot program could 
effectively be instituted as a national network for the United States.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 1996 and for subsequent fiscal years such 
sums as may be necessary to carry out this section.

                        TITLE V--CRIMINAL ALIENS

SEC. 501. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR 
              CRIMINAL PAROLE.

    Section 263(a) of the Immigration and Nationality Act (8 U.S.C. 
1303(a)) is amended by striking ``and (5)'' and inserting ``(5) aliens 
who are or have been on criminal probation or criminal parole pursuant 
to the laws of the United States or of any State, and (6)''.

SEC. 502. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN CRIMINAL 
              ALIENS.

    (a) Defenses Based on Seven Years of Permanent Residence.--The last 
sentence of section 212(c) of the Immigration and Nationality Act (8 
U.S.C. 1182(c)) is amended by striking out ``has served for such felony 
or felonies'' and all that follows through the period and inserting in 
lieu thereof ``has been sentenced for such felony or felonies to a term 
of imprisonment of at least 5 years, provided that the time for 
appealing such conviction or sentence has expired and the sentence has 
become final.''.
    (b) Defenses Based on Withholding of Deportation.--Section 
243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) 
is amended by--
            (1) striking out the final sentence and inserting in lieu 
        thereof the following new subparagraph:
                    ``(E) the alien has been convicted of an aggravated 
                felony.''; and
            (2) striking out the ``or'' at the end of subparagraph (C) 
        and inserting ``or'' at the end of subparagraph (D).

SEC. 503. MISCELLANEOUS AND TECHNICAL CHANGES.

    (a) Form of Deportation Hearings.--The second sentence of section 
242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) is 
amended by inserting before the period the following: ``; except that 
nothing in this subsection shall preclude the Attorney General from 
authorizing proceedings by electronic or telephonic media (with or 
without the consent of the alien) or, where waived or agreed to by the 
parties, in the absence of the alien.''.
    (b) Construction of Expedited Deportation Requirements.--No 
amendment made by this Act shall be construed to create any right or 
benefit, substantive or procedural, which is legally enforceable by any 
party against the United States, its agencies, its officers or any 
other person.
    (c) Collateral Attacks on Underlying Deportation Order.--Section 
276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended 
by inserting after subsection (b) the following new subsection:
    ``(c) In any criminal proceeding under this section, no alien may 
challenge the validity of the deportation order described in subsection 
(a)(1) or subsection (b) unless the alien demonstrates--
            ``(1) that the alien exhausted the administrative remedies 
        (if any) that may have been available to seek relief against 
        such order,
            ``(2) that the deportation proceedings at which such order 
        was issued improperly deprived the alien of the opportunity for 
        judicial review, and
            ``(3) that the entry of such order was fundamentally 
        unfair.''.

SEC. 504. CRIMINAL ALIEN TRACKING CENTER.

    (a) Operation.--The Commissioner of Immigration and Naturalization, 
with the cooperation of the Director of the Federal Bureau of 
Investigation and the heads of other agencies, shall, under the 
authority of section 242(a)(3)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien tracking center.
    (b) Purpose.--The criminal alien tracking center shall be used to 
assist Federal, State, and local law enforcement agencies in 
identifying and locating aliens who may be subject to deportation by 
reason of their conviction of aggravated felonies.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,000,000 for fiscal year 1996 
and $5,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000.

SEC. 505. PRISONER TRANSFER TREATY STUDY.

    (a) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of State and the Attorney 
General shall submit to the Congress a report that describes the use 
and effectiveness of the Prisoner Transfer Treaty (in this section 
referred to as the ``Treaty'') with Mexico to remove from the United 
States aliens who have been convicted of crimes in the United States.
    (b) Use of Treaty.--The report under subsection (a) shall include 
the following information:
            (1) The number of aliens convicted of a criminal offense in 
        the United States since November 30, 1977, who would have been 
        or are eligible for transfer pursuant to the Treaty.
            (2) The number of aliens described in paragraph (1) who 
        have been transferred pursuant to the Treaty.
            (3) The number of aliens described in paragraph (2) who 
        have been incarcerated in full compliance with the Treaty.
            (4) The number of aliens who are incarcerated in a penal 
        institution in the United States who are eligible for transfer 
        pursuant to the Treaty.
            (5) The number of aliens described in paragraph (4) who are 
        incarcerated in State and local penal institutions.
    (c) Effectiveness of Treaty.--The report under subsection (a) shall 
include the recommendations of the Secretary of State and the Attorney 
General to increase the effectiveness and use of, and full compliance 
with, the Treaty. In considering the recommendations under this 
subsection, the Secretary and the Attorney General shall consult with 
such State and local officials in areas disproportionately impacted by 
aliens convicted of criminal offenses as the Secretary and the Attorney 
General consider appropriate. Such recommendations shall address the 
following areas:
            (1) Changes in Federal laws, regulations, and policies 
        affecting the identification, prosecution, and deportation of 
        aliens who have committed a criminal offense in the United 
        States.
            (2)Changes in State and local laws, regulations, and 
        policies affecting the identification, prosecution, and 
        deportation of aliens who have committed a criminal offense in 
        the United States.
            (3) Changes in the Treaty that may be necessary to increase 
        the number of aliens convicted of crimes who may be transferred 
        pursuant to the Treaty.
            (4) Methods for preventing the unlawful re-entry into the 
        United States of aliens who have been convicted of criminal 
        offenses in the United States and transferred pursuant to the 
        Treaty.
            (5) Any recommendations of appropriate officials of the 
        Mexican Government on programs to achieve the goals of, and 
        ensure full compliance with, the Treaty.
            (6) An assessment of whether the recommendations under this 
        subsection require the renegotiation of the Treaty.
            (7) The additional funds required to implement each 
        recommendation under this subsection.

SEC. 506. EXPEDITING CRIMINAL ALIEN DEPORTATION AND EXCLUSION.

    (a) Convicted Defined.--Section 241(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1251(a)(2)) is amended by adding at the end 
the following new subparagraph:
                    ``(E) Convicted defined.--In this paragraph, the 
                term `convicted' means a judge or jury has found the 
                alien guilty or the alien has entered a plea of guilty 
                or nolo contendere, whether or not the alien appeals 
                therefrom.''.
    (b) Deportation of Convicted Aliens.--
            (1) Immediate deportation.--Section 242(h) of such Act (8 
        U.S.C. 1252(h)) is amended--
                    (A) by striking ``(h) An alien'' and inserting 
                ``(h)(1) Subject to paragraph (2), an alien''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) An alien sentenced to imprisonment may be deported prior to 
the termination of such imprisonment by the release of the alien from 
confinement, if the Service petitions the appropriate court or other 
entity with authority concerning the alien to release the alien into 
the custody of the Service for execution of an order of deportation.''.
            (2) Prohibition of reentry into the united states.--Section 
        212(a)(2) of such Act (8 U.S.C. 1182(a)(2)) is amended--
                    (A) by redesignating subparagraph (F) as 
                subparagraph (G); and
                    (B) by inserting after subparagraph (E) the 
                following new subparagraph:
                    ``(F) Aliens deported before serving minimum period 
                of confinement.--In addition to any other period of 
                exclusion which may apply an alien deported pursuant to 
                section 242(h)(2) is excludable during the minimum 
                period of confinement to which the alien was 
                sentenced.''.
    (c) Execution of Deportation Orders.--Section 242(i) of such Act (8 
U.S.C. 1252(i)) is amended by adding at the end the following: ``An 
order of deportation may not be executed until all direct appeals 
relating to the conviction which is the basis of the deportation order 
have been exhausted.''.

                       TITLE VI--TERRORIST ALIENS

SEC. 601. REMOVAL OF ALIEN TERRORISTS.

    The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended by inserting the following new section:

                     ``removal of alien terrorists

    ``Sec. 242C. (a) Definitions.--As used in this section--
            ``(1) the term `alien terrorist' means any alien described 
        in section 241(a)(4)(B);
            ``(2) the term `classified information' has the same 
        meaning as defined in section 1(a) of the Classified 
        Information Procedures Act (18 U.S.C. App. IV);
            ``(3) the term `national security' has the same meaning as 
        defined in section 1(b) of the Classified Information 
        Procedures Act (18 U.S.C. App. IV);
            ``(4) the term `special court' means the court described in 
        subsection (c) of this section; and
            ``(5) the term `special removal hearing' means the hearing 
        described in subsection (e) of this section.
    ``(b) Application for Use of Procedures.--The provisions of this 
section shall apply whenever the Attorney General certifies under seal 
to the special court that--
            ``(1) the Attorney General or Deputy Attorney General has 
        approved of the proceeding under this section;
            ``(2) an alien terrorist is physically present in the 
        United States; and
            ``(3) removal of such alien terrorist by deportation 
        proceedings described in sections 242, 242A, or 242B would pose 
        a risk to the national security of the United States because 
        such proceedings would disclose classified information.
    ``(c) Special Court.--(1) The Chief Justice of the United States 
shall publicly designate up to 7 judges from up to 7 United States 
judicial districts to hear and decide cases arising under this section, 
in a manner consistent with the designation of judges described in 
section 103(a) of the Foreign Intelligence Surveillance Act (50 U.S.C. 
1803(a)).
    ``(2) The Chief Justice may, in the Chief Justice's discretion, 
designate the same judges under this section as are designated pursuant 
to 50 U.S.C. 1803(a).
    ``(d) Invocation of Special Court Procedure.--(1) When the Attorney 
General makes the application described in subsection (b), a single 
judge of the special court shall consider the application in camera and 
ex parte.
    ``(2) The judge shall invoke the procedures of subsection (e), if 
the judge determines that there is probable cause to believe that--
            ``(A) the alien who is the subject of the application has 
        been correctly identified;
            ``(B) a deportation proceeding described in sections 242, 
        242A, or 242B would pose a risk to the national security of the 
        United States because such proceedings would disclose 
        classified information; and
            ``(C) the threat posed by the alien's physical presence is 
        immediate and involves the risk of death or serious bodily 
        harm.
    ``(e) Special Removal Hearing.--(1) Except as provided in paragraph 
(4), the special removal hearing authorized by a showing of probable 
cause described in subsection (d)(2) shall be open to the public.
    ``(2) The alien shall have a right to be present at such hearing 
and to be represented by counsel. Any alien financially unable to 
obtain counsel shall be entitled to have counsel assigned to represent 
such alien. Counsel may be appointed as described in section 3006A of 
title 18, United States Code.
    ``(3) The alien shall have a right to introduce evidence on his own 
behalf, and except as provided in paragraph (4), shall have a right to 
cross-examine any witness or request that the judge issue a subpoena 
for the presence of a named witness.
    ``(4) The judge shall authorize the introduction in camera and ex 
parte of any item of evidence for which the judge determines that 
public disclosure would pose a risk to the national security of the 
United States because it would disclose classified information.
    ``(5) With respect to any evidence described in paragraph (4), the 
judge shall cause to be delivered to the alien either--
            ``(A)(i) the substitution for such evidence of a statement 
        admitting relevant facts that the specific evidence would tend 
        to prove, or
            ``(ii) the substitution for such evidence of a summary of 
        the specific evidence; or
            ``(B) if disclosure of even the substituted evidence 
        described in subparagraph (A) would create a substantial risk 
        of death or serious bodily harm to any person, a statement 
        informing the alien that no such summary is possible.
    ``(6) If the judge determines--
            ``(A) that the substituted evidence described in paragraph 
        (4)(B) will provide the alien with substantially the same 
        ability to make his defense as would disclosure of the specific 
        evidence, or
            ``(B) that disclosure of even the substituted evidence 
        described in paragraph (5)(A) would create a substantial risk 
        of death or serious bodily harm to any person,
then the determination of deportation (described in subsection (f)) may 
be made pursuant to this section.
    ``(f) Determination of Deportation.--(1) If the determination in 
subsection (e)(6)(A) has been made, the judge shall, considering the 
evidence on the record as a whole, require that the alien be deported 
if the Attorney General proves, by clear and convincing evidence, that 
the alien is subject to deportation because he is an alien as described 
in section 241(a)(4)(B).
    ``(2) If the determination in subsection (e)(6)(B) has been made, 
the judge shall, considering the evidence received (in camera and 
otherwise), require that the alien be deported if the Attorney General 
proves, by clear, convincing, and unequivocal evidence, that the alien 
is subject to deportation because he is an alien as described in 
section 241(a)(4)(B).
    ``(g) Appeals.--(1) The alien may appeal a determination under 
subsection (f) to the court of appeals for the Federal Circuit, by 
filing a notice of appeal with such court within 20 days of the 
determination under such subsection.
    ``(2)(A) The Attorney General may appeal a determination under 
subsection (d), (e), or (f) to the court of appeals for the Federal 
Circuit, by filing a notice of appeal with such court within 20 days of 
the determination under any one of such subsections.
    ``(B) When requested by the Attorney General, the entire record of 
the proceeding under this section shall be transmitted to the court of 
appeals under seal. If the Attorney General is appealing a 
determination under subsection (d) or (e), the court of appeals shall 
consider such appeal in camera and ex parte.''.

SEC. 602. MEMBERSHIP IN A TERRORIST ORGANIZATION AS A BASIS FOR 
              EXCLUSION FROM THE UNITED STATES UNDER THE IMMIGRATION 
              AND NATIONALITY ACT.

    Section 212(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)) is amended--
            (1) in clause (i)(II) by inserting ``or'' at the end;
            (2) by adding after clause (i)(II) the following:
                                    ``(III) is a member of an 
                                organization that engages in, or has 
                                engaged in, terrorist activity or who 
                                actively supports or advocates 
                                terrorist activity,''; and
            (3) by adding after clause (iii) the following:
                            ``(iv) Terrorist organization defined.--As 
                        used in this Act, the term `terrorist 
                        organization' means an organization which 
                        commits terrorist activity as determined by the 
                        Attorney General, in consultation with the 
                        Secretary of State.''.

                         TITLE VII--INSPECTIONS

SEC. 701. PREINSPECTION AT FOREIGN AIRPORTS.

    (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 235 the following new section:

                  ``preinspection at foreign airports

    ``Sec. 235A. (a) Establishment of Pre- inspection Stations.--(1) 
Subject to paragraph (4), not later than 2 years after the date of the 
enactment of this section, the Attorney General, in consultation with 
the Secretary of State, shall establish and maintain preinspection 
stations in at least 5 of the foreign airports that are among the 10 
foreign airports which the Attorney General identifies as serving as 
last points of departure for the greatest numbers of passengers who 
arrive from abroad by air at ports of entry within the United States. 
Such preinspection stations shall be in addition to any preinspection 
stations established prior to the date of the enactment of this 
section.
    ``(2) Not later than November 1, 1995, and each subsequent November 
1, the Attorney General shall compile data identifying--
            ``(A) the foreign airports which served as last points of 
        departure for aliens who arrived by air at United States ports 
        of entry without valid documentation during the preceding 
        fiscal years,
            ``(B) the number and nationality of such aliens arriving 
        from each such foreign airport, and
            ``(C) the primary routes such aliens followed from their 
        country of origin to the United States.
    ``(3) Subject to paragraph (4), not later than 4 years after the 
date of enactment of this section, the Attorney General, in 
consultation with the Secretary of State, shall establish preinspection 
stations in at least 5 additional foreign airports which the Attorney 
General, in consultation with the Secretary of State, determines based 
on the data compiled under paragraph (2) and such other information as 
may be available would most effectively reduce the number of aliens who 
arrive from abroad by air at points of entry within the United States 
without valid documentation. Such preinspection stations shall be in 
addition to those established prior to or pursuant to paragraph (1).
    ``(4) Prior to the establishment of a preinspection station the 
Attorney General, in consultation with the Secretary of State, shall 
ensure that--
            ``(A) employees of the United States stationed at the 
        preinspection station and their accompanying family members 
        will receive appropriate protection,
            ``(B) such employees and their families will not be subject 
        to unreasonable risks to their welfare and safety, and
            ``(C) the country in which the preinspection station is to 
        be established maintains practices and procedures with respect 
        to asylum seekers and refugees in accordance with the 
        Convention Relating to the Status of Refugees (done at Geneva, 
        July 28, 1951), or the Protocol Relating to the Status of 
        Refugees (done at New York, January 31, 1967).
    ``(b) Establishment of Carrier Consultant Program.--The Attorney 
General shall assign additional immigration officers to assist air 
carriers in the detection of fraudulent documents at foreign airports 
which, based on the records maintained pursuant to subsection (a)(2), 
served as a point of departure for a significant number of arrivals at 
United States ports of entry without valid documentation, but where no 
preinspection station exists.
    ``(c) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 235 the following new 
item:

``Sec. 235A. Preinspection at foreign airports.''.

SEC. 702. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF FRAUDULENT 
              DOCUMENTS.

    (a) Use of Funds.--Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is 
amended--
            (1) in clause (iv), by inserting ``, including training of, 
        and technical assistance to, commercial airline personnel on 
        such detection'' after ``United States'', and
            (2) by adding at the end the following:
``The Attorney General shall provide for expenditures for training and 
assistance described in clause (iv) in an amount, for any fiscal year, 
not less than 5 percent of the total of the expenses incurred that are 
described in the previous sentence.''.
    (b) Compliance With Detection Regulations.--Section 212(f) (8 
U.S.C. 1182(f)) is amended by adding at the end the following: 
``Whenever the Attorney General finds that a commercial airline has 
failed to comply with regulations of the Attorney General relating to 
requirements of airlines for the detection of fraudulent documents used 
by passengers traveling to the United States (including the training of 
personnel in such detection), the Attorney General may suspend the 
entry of some or all aliens transported to the United States by such 
airline.''.
    (c) Effective Dates.--
            (1) The amendments made by subsection (a) shall apply to 
        expenses incurred during or after fiscal year 1995.
            (2) The Attorney General shall first issue, in proposed 
        form, regulations referred to in the second sentence of section 
        212(f) of the Immigration and Nationality Act, as added by the 
        amendment made by subsection (b), by not later than 90 days 
        after the date of the enactment of this Act.

                           TITLE VIII--ASYLUM

SEC. 801. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

    (a) In General.--Section 235(b) (8 U.S.C. 1225(b)) is amended to 
read as follows:
    ``(b) Inspection and Exclusion by Immigration Officers.--
            ``(1) An immigration officer shall inspect each alien who 
        is seeking entry to the United States.
            ``(2)(A) If the examining immigration officer determines 
        that an alien seeking entry--
                    ``(i) does not present the documentation required 
                (if any) to obtain legal entry to the United States; 
                and
                    ``(ii) does not indicate either an intention to 
                apply for provisional asylum (under section 208) or a 
                fear of persecution,
        the officer shall order the alien excluded from the United 
        States without further hearing or review.
            ``(B) The examining immigration officer shall refer for 
        immediate inspection at the port of entry by an asylum officer 
        under subparagraph (C) any alien who (i) does not present the 
        documentation required (if any) to obtain legal entry to the 
        United States, and (ii) has indicated an intention to apply for 
        provisional asylum or a fear of persecution. Such an alien 
        shall not be considered to have been inspected and admitted for 
        purposes of this Act.
            ``(C)(i) If an asylum officer determines that an alien has 
        a credible fear of persecution, the alien shall be entitled to 
        apply for provisional asylum under section 208.
            ``(ii)(I) Subject to subclause (II), if an asylum officer 
        determines that an alien does not have a credible fear of 
        persecution the officer shall order the alien excluded from the 
        United States without further hearing or review.
            ``(II) The Attorney General shall promulgate regulations to 
        provide for the immediate review by another asylum officer at 
        the port of entry of a decision under subclause (I).
            ``(iii) For the purposes of this subparagraph, the term 
        `credible fear of persecution' means (I) that it is more 
        probable than not that the statements made by the alien in 
        support of his or her claim are true, and (II) that there is a 
        significant possibility, in light of such statements and of 
        such other facts as are known to the officer that the alien 
        could establish eligibility for provisional asylum under 
        section 208.
            ``(iv) Notwithstanding any other provision of law, no court 
        shall have jurisdiction to review, except by petition for 
        habeas corpus, any determination made with respect to an alien 
        found excludable pursuant to this paragraph. In any such case, 
        review by habeas corpus shall be limited to examination of 
        whether the petitioner (I) is an alien, and (II) was ordered 
        excluded from the United States pursuant to this paragraph.
            ``(v) Notwithstanding any other provision of law, no court 
        shall have jurisdiction (I) to review the procedures 
        established by the Attorney General for the determination of 
        exclusion pursuant to this paragraph, or (II) to enter 
        declaratory or injunctive relief with respect to the 
        implementation of this paragraph. Regardless of the nature of 
        the suit or claim, no court shall have jurisdiction except by 
        habeas corpus petition as provided in clause (iv) to consider 
        the validity of any adjudication or determination under this 
        paragraph or to provide declaratory or injunctive relief with 
        respect to the exclusion of any alien pursuant to this 
        paragraph.
            ``(vi) In any action brought for the assessment of 
        penalties for improper entry or re-entry of an alien under 
        section 275 or 276, no court shall have jurisdiction to hear 
        claims collaterally attacking the validity of orders of 
        exclusion or deportation entered under sections 235, 236, and 
        242.
            ``(3)(A) Except as provided in subparagraph (B), if the 
        examining immigration officer determines that an alien seeking 
        entry is not clearly and beyond a doubt entitled to enter, the 
        alien shall be detained for a hearing before a special inquiry 
        officer.
            ``(B) The provisions of subparagraph (A) shall not apply--
                    ``(i) to an alien crewman,
                    ``(ii) to an alien described in paragraph (2)(A) or 
                2(B), or
                    ``(iii) if the conditions described in section 
                273(d) exist.
            ``(4) The decision of the examining immigration officer, if 
        favorable to the admission of any alien, shall be subject to 
        challenge by any other immigration officer and such challenge 
        shall operate to take the alien, whose privilege to enter is so 
challenged, before a special inquiry officer for a hearing on exclusion 
of the alien.
            ``(5) An alien has not entered the United States for 
        purposes of this Act unless and until such alien has been 
        inspected and admitted by an immigration officer pursuant to 
        this subsection.''.
    (b) Conforming Amendments.--Section 237(a) (8 U.S.C. 1227(a)) is 
amended--
            (1) in the second sentence of paragraph (1) by striking 
        ``Deportation'' and inserting ``Subject to section 235(b)(2), 
        deportation''; and
            (2) in the first sentence of paragraph (2) by striking 
        ``If'' and inserting ``Subject to section 235(b)(2), if''.

SEC. 802. ASYLUM.

    (a) In General.--Section 208 (8 U.S.C. 1158) is amended to read as 
follows:

``SEC. 208. ASYLUM.

    (a) Provisional Asylum.--
            ``(1) Right to apply.--The Attorney General shall establish 
        a procedure for an alien physically present in the United 
        States or at a land border or port of entry, irrespective of 
        such alien's status, to apply for provisional asylum in 
        accordance with this section.
            ``(2) Conditions for granting.--
                    ``(A) Mandatory cases.--The Attorney General shall 
                grant provisional asylum to an alien if the alien 
                applies for provisional asylum in accordance with the 
                requirements of this section and establishes that it is 
                more likely than not that in the alien's country of 
                nationality (or, in the case of a person having no 
                nationality, the country in which such alien last 
                habitually resided) such alien's life or freedom would 
                be threatened on account of race, religion, 
                nationality, membership in a particular social group, 
                or political opinion.
                    ``(B) Discretionary cases.--The Attorney General 
                may grant provisional asylum to an alien if the alien 
                applies for provisional asylum in accordance with the 
                requirements of this section and establishes that the 
                alien is a refugee within the meaning of section 
                101(a)(42).
                    ``(C) Exceptions.--(i) Subparagraphs (A) and (B) 
                shall not apply to an alien if the Attorney General 
                determines that--
                            ``(I) the alien ordered, incited, assisted, 
                        or otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion;
                            ``(II) the alien, having been convicted by 
                        a final judgment of a particularly serious 
                        crime, constitutes a danger to the community of 
                        the United States;
                            ``(III) there are serious reasons for 
                        believing that the alien has committed a 
                        serious nonpolitical crime outside the United 
                        States prior to the arrival of the alien in the 
                        United States;
                            ``(IV) there are reasonable grounds for 
                        regarding the alien as a danger to the security 
                        of the United States; or
                            ``(V) a country willing to accept the alien 
                        has been identified (other than the country 
                        described in subparagraph (A)) to which the 
                        alien can be deported or returned and the alien 
                        does not establish that it is more likely than 
                        not that the alien's life or freedom would be 
                        threatened in such country on account of race, 
                        religion, nationality, membership in a 
                        particular social group, or political opinion.
                    ``(ii)(I) For purposes of clause (i)(II), an alien 
                who has been convicted of an aggravated felony shall be 
                considered to have committed a particularly serious 
                crime.
                    ``(II) The Attorney General shall promulgate 
                regulations that specify additional crimes that will be 
                considered to be a crime described in clause (i)(II) or 
                (i)(III).
                    ``(III) The Attorney General shall promulgate 
                regulations establishing such additional limitations 
                and conditions as the Attorney General considers 
                appropriate under which an alien shall be ineligible to 
                apply for provisional asylum under subparagraph (B).
            ``(3) Provisional asylum status.--In the case of any alien 
        granted provisional asylum under paragraph (2)(A), the Attorney 
        General, in accordance with this section--
                    ``(A) shall not deport or return the alien to the 
                country described under paragraph (2)(A);
                    ``(B) shall authorize the alien to engage in 
                employment in the United States and provide the alien 
                with an `employment authorized' endorsement or other 
                appropriate work permit; and
                    ``(C) may allow the alien to travel abroad with the 
                prior consent of the Attorney General.
            ``(4) Termination.--Provisional asylum granted under 
        paragraph (2) may be terminated if the Attorney General, 
        pursuant to such regulations as the Attorney General may 
        prescribe, determines that--
                    ``(A) the alien no longer meets the conditions 
                described in paragraph (2) owing to a change in 
                circumstances in the alien's country of nationality or, 
                in the case of an alien having no nationality, in the 
                country in which the alien last habitually resided;
                    ``(B) the alien meets a condition described in 
                paragraph (2)(C); or
                    ``(C) a country willing to accept the alien has 
                been identified (other than the country described in 
                paragraph (2)) to which the alien can be deported or 
                returned and the alien cannot establish that it is more 
                likely than not that the alien's life or freedom would 
                be threatened in such country on account of race, 
                religion, nationality, membership in a particular 
                social group, or political opinion.
            ``(5) Acceptance by another country.--In the case of an 
        alien described in paragraph (2)(C)(i)(V) or paragraph (4)(C), 
        the alien's deportation or return shall be directed by the 
        Attorney General in the sole discretion of the Attorney 
        General, to any country which is willing to accept the alien 
        into its territory (other than the country described in 
        paragraph (2)(A)).
    ``(b) Provisional Asylum Applications.--
            ``(1) In general.--
                    ``(A) Deadline.--Subject to subparagraph (B), an 
                alien's application for provisional asylum shall not be 
                considered under this section unless--
                            ``(i) the alien has filed, not later than 
                        30 days after entering or coming to the United 
                        States, notice of intention to file such an 
                        application, and
                            ``(ii) such application is actually filed 
                        not later than 60 days after entering or coming 
                        to the United States.
                    ``(B) Exception.--An application for provisional 
                asylum may be considered, not withstanding that the 
                requirements of subparagraph (A) have not been met, 
                only if the alien demonstrates by clear and convincing 
                evidence changed circumstances in the alien's country 
                of nationality (or in the case of an alien with no 
                nationality, in the country where the alien last 
                habitually resided) affecting eligibility for 
                provisional asylum.
            ``(2) Requirements.--An application for provisional asylum 
        shall not be considered unless the alien submits to the taking 
        of fingerprints and a photograph in a manner determined by the 
        Attorney General.
            ``(3) Previous denial of asylum.--An application for 
        provisional asylum shall not be considered if the alien has 
        been denied asylum by a country in which the alien had access 
        to a full and fair procedure for determining his or her asylum 
        claim in accordance with a bilateral or multilateral agreement 
        between that country and the United States.
            ``(4) Fees.--In the discretion of the Attorney General, the 
        Attorney General may impose reasonable fees for the 
        consideration of an application for provisional asylum, for 
        employment authorization under this section, and for adjustment 
        of status under section 209(b). The Attorney General is 
        authorized to provide for the assessment and payment of any 
        such fee over a period of time or by installments.
            ``(5) Employment.--An applicant for provisional asylum is 
        not entitled to engage in employment in the United States. The 
        Attorney General may authorize an alien who has filed an 
        application for provisional asylum to engage in employment in 
        the United States, in the discretion of the Attorney General.
            ``(6) Notice of consequences of frivolous applications.--At 
        the time of filing a notice of intention to apply for 
        provisional asylum, the alien shall be advised of the 
        consequences, under subsection (e), of filing a frivolous 
        application for provisional asylum.
    ``(c) Sanctions for Failure to Appear.--
            ``(1) Subject to paragraph (2), the application for 
        provisional asylum of an alien who does not appear for a 
        hearing on such application shall be summarily dismissed unless 
        the alien can show exceptional circumstances (as defined in 
        section 242B(f)(2)) as determined by an asylum officer or 
        immigration judge.
            ``(2) Paragraph (1) shall not apply if written and oral 
        notice were not provided to the alien of the time and place at 
which the asylum hearing was to be held, and in the case of any change 
or postponement in such time or place, written and oral notice were 
provided to the alien of the new time or place of the hearing.
    ``(d) Asylum.--
            ``(1) Adjustment of status.--Under such regulations as the 
        Attorney General may prescribe, the Attorney General shall 
        adjust to the status of an alien granted asylum the status of 
        any alien granted provisional asylum under subsection (a)(2)(A) 
        or (a)(2)(B) who--
                    ``(A) applies for such adjustment;
                    ``(B) has been physically present in the United 
                States for at least 1 year after being granted 
                provisional asylum;
                    ``(C) continues to be eligible for provisional 
                asylum under this section; and
                    ``(D) is admissible under this Act at the time of 
                examination for adjustment of status under this 
                subsection.
            ``(2) Treatment of spouse and children.--A spouse or child 
        (as defined in section 101(b)(A), (B), (C), (D), or (E)) of an 
        alien whose status is adjusted to that of an alien granted 
        asylum under paragraph (a)(2) may be granted the same status as 
        the alien if accompanying, or following to join, such alien.
            ``(3) Application fees.--The Attorney General may impose a 
        reasonable fee for the filing of an application for asylum 
        under this subsection.
    ``(e) Denial of Immigration Benefits for Frivolous Applications.--
            ``(1) In general.--If the Attorney General determines that 
        an alien has made a frivolous application for provisional 
        asylum under this section and the alien has received the notice 
        under subsection (b)(5), the alien shall be permanently 
        ineligible for any benefits under this Act, effective as of the 
        date of a final determination on such application.
            ``(2) Treatment of material misrepresentations.--For 
        purposes of this subsection, an application considered to be 
        `frivolous' includes, but is not limited to, an application 
        which contains a willful misrepresentation or concealment of a 
        material fact.''.
    (b) Clerical Amendment.--The item in the table of contents relating 
to section 208 is amended to read as follows:

``Sec. 208. Asylum.''.

SEC. 803. FAILURE TO APPEAR FOR PROVISIONAL ASYLUM HEARING; JUDICIAL 
              REVIEW.

    (a) Failure To Appear for Provisional Asylum Hearing.--Section 
242B(e)(4) (8 U.S.C. 1252b(e)(4)) is amended--
            (1) in the heading, by striking ``asylum'' and inserting 
        ``provisional asylum'';
            (2) by striking ``asylum'' each place it appears and 
        inserting ``provisional asylum''; and
            (3) in subparagraph (A), by striking all after clause (iii) 
        and inserting ``shall not be eligible for any benefits under 
        this Act.''.
    (b) Judicial Review.--Section 106 (8 U.S.C. 1105a) is amended by 
adding at the end the following subsection:
    ``(d) The procedure prescribed by, and all the provisions of 
chapter 158 of title 28, United States Code, shall apply to, and shall 
be the sole and exclusive procedure for, the judicial review of all 
final orders granting or denying provisional asylum, except that--
            ``(1) a petition for review may be filed not later than 90 
        days after the date of the issuance of the final order granting 
        or denying provisional asylum;
            ``(2) the venue of any petition for review under this 
        subsection shall be in the judicial circuit in which the 
        administrative proceedings were conducted in whole or in part, 
or in the judicial circuit wherein is the residence, as defined in this 
Act, of the petitioner, but not in more than one circuit; and
            ``(3) notwithstanding any other provision of law, a 
        determination granting or denying provisional asylum based on 
        changed circumstances pursuant to section 208(b)(1)(A)(ii) 
        shall be in the sole discretion of the officer conducting the 
        administrative proceeding.''.

SEC. 804. CONFORMING AMENDMENTS.

    (a) Limitation on Deportation.--Section 243 (8 U.S.C. 1253) is 
amended by striking subsection (h).
    (b) Adjustment of Status.--Section 209(b) (8 U.S.C. 1159(b)) is 
amended--
            (1) in paragraph (2) by striking ``one year'' and inserting 
        ``2 years''; and
            (2) by amending paragraph (3) to read as follows:
            ``(3) continues to be eligible for provisional asylum under 
        section 208,''.
    (c) Aliens Ineligible for Temporary Protected Status.--Section 
244A(c)(2)(B)(ii) (8 U.S.C. 1254a(c)(2)(B)(ii)) is amended by striking 
``section 243(h)(2)'' and inserting ``section 208(a)(2)(C)''.
    (d) Eligibility for Naturalization.--Section 316(f)(1) (8 U.S.C. 
1427(f)(1)) is amended by striking ``subparagraphs (A) through (D) of 
paragraph 243(h)(2)'' and inserting ``section 208(a)(2)(C).''.
    (e) Family Unity.--Section 301(e) of the Immigration Act of 1990 
(Public Law 101-649) is amended by striking ``section 243(h)(2)'' and 
inserting ``section 208(a)(2)(C).''.

SEC. 805. EFFECTIVE DATES.

    (a) In General.--Except as otherwise provided, the amendments made 
by this title shall take effect on the date of the enactment of this 
Act.
    (b) Exceptions.--
            (1) The amendments made by this title shall not apply to 
        applications for asylum or withholding of deportation made 
        before the first day of the first month that begins more than 
        180 days after the date of the enactment of this Act and no 
        application for provisional asylum under section 208 of the 
        Immigration and Nationality Act (as amended by section 801 of 
        this title) shall be considered before such first day.
            (2) In applying section 208(b)(1)(A) of the Immigration and 
        Nationality Act (as amended by this title) in the case of an 
        alien who has entered or came to the United States before the 
        first day described in paragraph (1), notwithstanding the 
        deadlines specified in such section--
                    (A) the deadline for the filing of a notice of 
                intention to file an application for provisional asylum 
                is 30 days after such first day, and
                    (B) the deadline for the filing of the application 
                for provisional asylum is 30 days after the date of 
                filing such notice.
            (3) The amendments made by section 803(b) (relating to 
        adjustment of status) shall not apply to aliens granted asylum 
        under section 208 of the Immigration and Nationality Act, as in 
        effect before the date of the enactment of this Act.
                                 <all>
HR 756 IH----2
HR 756 IH----3
HR 756 IH----4
HR 756 IH----5
```