1570
671(b)(13) of this division but before redesigna-
tion as section 238 by subsection (b)(5), are
each amended by striking ‘‘106’’ and inserting
‘‘242’’.
(B) 
Sections 
210(e)(3)(A) 
and
245A(f)(4)(A) 
(8 
U.S.C. 
1160(e)(3)(A),
1255a(f)(4)(A)) are amended by inserting ‘‘(as
in effect before October 1, 1996)’’ after ‘‘106’’.
(C) Section 242A(c)(3)(A)(iii) (8 U.S.C.
1252a(c)(3)(A)(iii)), as amended by section
671(b)(13) of this division but before redesigna-
tion as section 238 by subsection (b)(5), is
amended by striking ‘‘106(a)(1)’’ and inserting
‘‘242(b)(1)’’.
(3) REFERENCES TO SECTION 236.—
(A) Sections 205 and 209(a)(1) (8 U.S.C.
1155, 1159(a)(1)) are each amended by strik-
ing ‘‘236’’ and inserting ‘‘240’’.
(B) Section 4113(c) of title 18, United
States Code, is amended by striking ‘‘1226 of
title 8, United States Code’’ and inserting ‘‘240
of the Immigration and Nationality Act’’.
(4) REFERENCES TO SECTION 237.—
1571
(A) 
Section 
209(a)(1) 
(8 
U.S.C.
1159(a)(1)) is amended by striking ‘‘237’’ and
inserting ‘‘241’’.
(B) 
Section 
212(d)(7) 
(8 
U.S.C.
1182(d)(7)) is amended by striking ‘‘237(a)’’
and inserting ‘‘241(c)’’.
(C) Section 280(a) (8 U.S.C. 1330(a)) is
amended by striking ‘‘237, 239, 243’’ and in-
serting ‘‘234, 243(c)(2)’’.
(5) REFERENCES TO SECTION 242.—
(A)(i) 
Sections 
214(d), 
252(b), 
and
287(f)(1) 
(8 
U.S.C. 
1184(d), 
1282(b),
1357(f)(1)) are each amended by striking
‘‘242’’ and inserting ‘‘240’’.
(ii) Subsection (c)(4) of section 242A (8
U.S.C. 
1252a), 
as 
amended 
by 
section
671(b)(13) of this division but before redesigna-
tion as section 238 by subsection (b)(5), are
each amended by striking ‘‘242’’ and inserting
‘‘240’’.
(iii) Section 245A(a)(1)(B) (8 U.S.C.
1255a(a)(1)(B)) is amended by inserting ‘‘(as
in effect before October 1, 1996)’’ after ‘‘242’’.
(iv) Section 4113 of title 18, United States
Code, is amended—
1572
(I) in subsection (a), by striking ‘‘sec-
tion 1252(b) or section 1254(e) of title 8,
United States Code,’’ and inserting ‘‘sec-
tion 240B of the Immigration and Nation-
ality Act’’; and
(II) in subsection (b), by striking
‘‘section 1252 of title 8, United States
Code,’’ and inserting ‘‘section 240 of the
Immigration and Nationality Act’’.
(B) Section 130002(a) of Public Law 103–
322, as amended by section 345 of this division,
is amended by striking ‘‘242(a)(3)(A)’’ and in-
serting ‘‘236(d)’’.
(C) 
Section 
242A(b)(1) 
(8 
U.S.C.
1252a(b)(1)), before redesignation as section
238 by section 308(b)(5) of this division, is
amended by striking ‘‘242(b)’’ and inserting
‘‘240’’.
(D) Section 242A(c)(2)(D)(ii) (8 U.S.C.
1252a(c)(2)(D)(ii)), as amended by section
671(b)(13) of this division but before redesigna-
tion as section 238 by subsection (b)(5), is
amended by striking ‘‘242(b)’’ and inserting
‘‘240’’.
1573
(E) Section 1821(e) of title 28, United
States Code, is amended by striking ‘‘242(b)’’
and inserting ‘‘240’’.
(F) Section 130007(a) of Public Law 103–
322 is amended by striking ‘‘242(i)’’ and in-
serting ‘‘239(d)’’.
(G) Section 20301(c) of Public Law 103–
322 is amended by striking ‘‘242(j)(5)’’ and
‘‘242(j)’’ 
and 
inserting 
‘‘241(h)(5)’’ 
and
‘‘241(h)’’, respectively.
(6) REFERENCES TO SECTION 242B.—
(A) Section 303(d)(2) of the Immigration
Act of 1990 is amended by striking ‘‘242B’’
and inserting ‘‘240(b)(5)’’.
(B) Section 545(g)(1)(B) of the Immigra-
tion Act of 1990 is amended by striking
‘‘242B(a)(4)’’ and inserting ‘‘239(a)(4)’’.
(7) REFERENCES TO SECTION 243.—
(A) Section 214(d) (8 U.S.C. 1184(d)) is
amended by striking ‘‘243’’ and inserting
‘‘241’’.
(B) 
Section 
504(k)(2) 
(8 
U.S.C.
1534(k)(2)) is amended by striking ‘‘withhold-
ing of deportation under section 243(h)’’ and
1574
inserting ‘‘by withholding of removal under sec-
tion 241(b)(3)’’.
(C)(i) Section 315(c) of the Immigration
Reform and Control Act of 1986 is amended by
striking ‘‘243(g)’’ and ‘‘1253(g)’’and inserting
‘‘243(d)’’ and ‘‘1253(d)’’ respectively.
(ii) Section 702(b) of the Departments of
Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1988
is amended by striking ‘‘243(g)’’ and inserting
‘‘243(d)’’.
(iii) Section 903(b) of Public Law 100–204
is amended by striking ‘‘243(g)’’ and inserting
‘‘243(d)’’.
(D)(i) Section 6(f)(2)(F) of the Food
Stamp Act of 1977 (7 U.S.C. 2015(f)(2)(F)) is
amended by striking ‘‘243(h)’’ and inserting
‘‘241(b)(3)’’.
(ii) Section 214(a)(5) of the Housing and
Community Development Act of 1980 (42
U.S.C. 1436a(a)(5)) is amended by striking
‘‘243(h)’’ and inserting ‘‘241(b)(3)’’.
(E)(i) Subsection (c)(2)(B)(ii) of section
244A (8 U.S.C. 1254a), before redesignated as
section 244 by section 308(b)(7), is amended by
1575
striking 
‘‘243(h)(2)’’ 
and 
inserting
‘‘208(b)(2)(A)’’.
(ii) Section 301(e)(2) of the Immigration
Act 
of 
1990 
is 
amended 
by 
striking
‘‘243(h)(2)’’ and inserting ‘‘208(b)(2)(A)’’.
(F) Section 316(f) (8 U.S.C. 1427(f)) is
amended 
by 
striking 
‘‘subparagraphs 
(A)
through (D) of paragraph 243(h)(2)’’ and in-
serting ‘‘clauses (i) through (v) of section
208(b)(2)(A)’’.
(8) REFERENCES TO SECTION 244.—
(A)(i) Section 201(b)(1)(D) (8 U.S.C.
1151(b)(1)(D)) and subsection (e) of section
244A (8 U.S.C. 1254a), before redesignation as
section 244 by section 308(b)(7) of this divi-
sion, are each amended by striking ‘‘244(a)’’
and inserting ‘‘240A(a)’’.
(ii) Section 304(c)(1)(B) of the Miscellane-
ous and Technical Immigration and Naturaliza-
tion Amendments of 1991 (Public Law 102–
232) is amended by striking ‘‘244(a)’’ and in-
serting ‘‘240A(a)’’.
(B) 
Section 
504(k)(3) 
(8 
U.S.C.
1534(k)(3)) is amended by striking ‘‘suspension
of deportation under subsection (a) or (e) of
1576
section 244’’ and inserting ‘‘cancellation of re-
moval under section 240A’’.
(C) Section 304(c)(1)(B) of the Miscellane-
ous and Technical Immigration and Naturaliza-
tion Amendments of 1991 (Public Law 102–
232) is amended by striking ‘‘244(b)(2)’’ and
inserting ‘‘240A(b)(2)’’.
(D) Section 364(a)(2) of this division is
amended by striking ‘‘244(a)(3)’’ and inserting
‘‘240A(a)(3)’’.
(E) Section 431(c)(1)(B)(iii) of the Per-
sonal Responsibility and Work Opportunity
Reconciliation Act of 1996, as added by section
501 of this division, is amended by striking
‘‘suspension of deportation and adjustment of
status pursuant to section 244(a)(3) of such
Act’’ and inserting ‘‘cancellation of removal
under section 240A of such Act’’.
(9) REFERENCES TO CHAPTER 5.—
(A) Sections 266(b), 266(c), and 291 (8
U.S.C. 1306(b), 1306(c), 1361) are each
amended by striking ‘‘chapter 5’’ and inserting
‘‘chapter 4’’.
(B) Section 6(b) of the Act of August 1,
1956 (50 U.S.C. 855(b)) is amended by strik-
1577
ing ‘‘chapter 5, title II, of the Immigration and
Nationality Act (66 Stat. 163)’’ and inserting
‘‘chapter 4 of title II of the Immigration and
Nationality Act’’.
(10) MISCELLANEOUS CROSS-REFERENCE COR-
RECTIONS FOR NEWLY ADDED PROVISIONS.—
(A) Section 212(h), as amended by section
301(h) of this division, is amended by striking
‘‘section 212(c)’’ and inserting ‘‘paragraphs (1)
and (2) of section 240A(a)’’.
(B) Section 245(c)(6), as amended by sec-
tion 332(d) of this division, is amended by
striking 
‘‘241(a)(4)(B)’’ 
and 
inserting
‘‘237(a)(4)(B)’’.
(C) Section 249(d), as amended by section
332(e) of this division, is amended by striking
‘‘241(a)(4)(B)’’ and inserting ‘‘237(a)(4)(B)’’.
(D) Section 274C(d)(7), as added by sec-
tion 212(d) of this division, is amended by
striking ‘‘withholding of deportation under sec-
tion 243(h)’’ and inserting ‘‘withholding of re-
moval under section 241(b)(3)’’.
(E) Section 3563(b)(21) of title 18, United
States Code, as inserted by section 374(b) of
1579
ments made by this subtitle shall take effect on the first
day of the first month beginning more than 180 days after
the date of the enactment of this Act (in this title referred
to as the ‘‘title III–A effective date’’).
(b) PROMULGATION OF REGULATIONS.—The Attor-
ney General shall first promulgate regulations to carry out
this subtitle by not later than 30 days before the title III–
A effective date.
(c) TRANSITION FOR ALIENS IN PROCEEDINGS.—
(1) GENERAL RULE THAT NEW RULES DO NOT
APPLY.—Subject to the succeeding provisions of this
subsection, in the case of an alien who is in exclu-
sion or deportation proceedings as of the title III–
A effective date—
(A) the amendments made by this subtitle
shall not apply, and
(B) the proceedings (including judicial re-
view thereof) shall continue to be conducted
without regard to such amendments.
(2) ATTORNEY GENERAL OPTION TO ELECT TO
APPLY NEW PROCEDURES.—In a case described in
paragraph (1) in which an evidentiary hearing under
section 236 or 242 and 242B of the Immigration
and Nationality Act has not commenced as of the
title III–A effective date, the Attorney General may
1580
elect to proceed under chapter 4 of title II of such
Act (as amended by this subtitle). The Attorney
General shall provide notice of such election to the
alien involved not later than 30 days before the date
any evidentiary hearing is commenced. If the Attor-
ney General makes such election, the notice of hear-
ing provided to the alien under section 235 or
242(a) of such Act shall be valid as if provided
under section 239 of such Act (as amended by this
subtitle) to confer jurisdiction on the immigration
judge.
(3) ATTORNEY
GENERAL
OPTION
TO
TERMI-
NATE AND REINITIATE PROCEEDINGS.—In the case
described in paragraph (1), the Attorney General
may elect to terminate proceedings in which there
has not been a final administrative decision and to
reinitiate proceedings under chapter 4 of title II the
Immigration and Nationality Act (as amended by
this subtitle). Any determination in the terminated
proceeding shall not be binding in the reinitiated
proceeding.
(4) TRANSITIONAL CHANGES IN JUDICIAL RE-
VIEW.—In the case described in paragraph (1) in
which a final order of exclusion or deportation is en-
tered more than 30 days after the date of the enact-
1581
ment of this Act, notwithstanding any provision of
section 106 of the Immigration and Nationality Act
(as in effect as of the date of the enactment of this
Act) to the contrary—
(A) in the case of judicial review of a final
order of exclusion, subsection (b) of such sec-
tion shall not apply and the action for judicial
review shall be governed by the provisions of
subsections (a) and (c) of such in the same
manner as they apply to judicial review of or-
ders of deportation;
(B) a court may not order the taking of
additional evidence under section 2347(c) of
title 28, United States Code;
(C) the petition for judicial review must be
filed not later than 30 days after the date of
the final order of exclusion or deportation;
(D) the petition for review shall be filed
with the court of appeals for the judicial circuit
in which the administrative proceedings before
the special inquiry officer or immigration judge
were completed;
(E) there shall be no appeal of any discre-
tionary decision under section 212(c), 212(h),
212(i), 244, or 245 of the Immigration and Na-
1582
tionality Act (as in effect as of the date of the
enactment of this Act);
(F) service of the petition for review shall
not stay the deportation of an alien pending the
court’s decision on the petition, unless the court
orders otherwise; and
(G) there shall be no appeal permitted in
the case of an alien who is inadmissible or de-
portable by reason of having committed a crimi-
nal offense covered in section 212(a)(2) or sec-
tion 241(a)(2)(A)(iii), (B), (C), or (D) of the
Immigration and Nationality Act (as in effect
as of the date of the enactment of this Act), or
any offense covered by section 241(a)(2)(A)(ii)
of such Act (as in effect on such date) for
which both predicate offenses are, without re-
gard to their date of commission, otherwise cov-
ered by section 241(a)(2)(A)(i) of such Act (as
so in effect).
(5) TRANSITIONAL
RULE
WITH
REGARD
TO
SUSPENSION
OF
DEPORTATION.—Paragraphs (1)
and (2) of section 240A(d) of the Immigration and
Nationality Act (relating to continuous residence or
physical presence) shall apply to notices to appear
1583
issued before, on, or after the date of the enactment
of this Act.
(6) TRANSITION FOR CERTAIN FAMILY UNITY
ALIENS.—The Attorney General may waive the ap-
plication of section 212(a)(9) of the Immigration
and Nationality Act, as inserted by section
301(b)(1) of this division, in the case of an alien
who is provided benefits under the provisions of sec-
tion 301 of the Immigration Act of 1990 (relating
to family unity).
(7) LIMITATION ON SUSPENSION OF DEPORTA-
TION.—The Attorney General may not suspend the
deportation and adjust the status under section 244
of the Immigration and Nationality Act of more
than 4,000 aliens in any fiscal year (beginning after
the date of the enactment of this Act). The previous
sentence shall apply regardless of when an alien ap-
plied for such suspension and adjustment.
(d) TRANSITIONAL REFERENCES.—For purposes of
carrying out the Immigration and Nationality Act, as
amended by this subtitle—
(1) any reference in section 212(a)(1)(A) of
such Act to the term ‘‘inadmissible’’ is deemed to in-
clude a reference to the term ‘‘excludable’’, and
1584
(2) any reference in law to an order of removal
shall be deemed to include a reference to an order
of exclusion and deportation or an order of deporta-
tion.
(e) TRANSITION.—No period of time before the date
of the enactment of this Act shall be included in the period
of 1 year described in section 212(a)(6)(B)(i) of the Immi-
gration and Nationality Act (as amended by section 301(c)
of this division).
Subtitle B—Criminal Alien
Provisions
SEC. 321. AMENDED DEFINITION OF AGGRAVATED FELONY.
(a) IN GENERAL.—Section 101(a)(43) (8 U.S.C.
1101(a)(43)), as amended by section 441(e) of the
Antiterrorism and Effective Death Penalty Act of 1996
(P.L. 104–132), is amended—
(1) in subparagraph (A), by inserting ‘‘, rape,
or sexual abuse of a minor’’ after ‘‘murder’’;
(2) 
in 
subparagraph 
(D), 
by 
striking
‘‘$100,000’’ and inserting ‘‘$10,000’’;
(3) in subparagraphs (F), (G), (N), and (P), by
striking ‘‘is at least 5 years’’ each place it appears
and inserting ‘‘at least one year’’;
1585
(4) in subparagraph (J), by striking ‘‘sentence
of 5 years’ imprisonment’’ and inserting ‘‘sentence
of one year imprisonment’’;
(5) in subparagraph (K)(ii), by inserting ‘‘if
committed’’ before ‘‘for commercial advantage’’;
(6) in subparagraph (L)—
(A) by striking ‘‘or’’ at the end of clause
(i),
(B) by inserting ‘‘or’’ at the end of clause
(ii), and
(C) by adding at the end the following new
clause:
‘‘(iii) section 601 of the National Se-
curity Act of 1947 (relating to protecting
the identity of undercover agents);’’;
(7) 
in 
subparagraph 
(M), 
by 
striking
‘‘$200,000’’ each place it appears and inserting
‘‘$10,000’’;
(8) in subparagraph (N), by striking ‘‘for which
the term’’ and all that follows and inserting the fol-
lowing: ‘‘, except in the case of a first offense for
which the alien has affirmatively shown that the
alien committed the offense for the purpose of as-
sisting, abetting, or aiding only the alien’s spouse,
1586
child, or parent (and no other individual) to violate
a provision of this Act’’;
(9) in subparagraph (P), by striking ‘‘18
months’’ and inserting ‘‘12 months, except in the
case of a first offense for which the alien has affirm-
atively shown that the alien committed the offense
for the purpose of assisting, abetting, or aiding only
the alien’s spouse, child, or parent (and no other in-
dividual) to violate a provision of this Act’’;
(10) in subparagraph (R), by striking ‘‘for
which a sentence of 5 years’ imprisonment or more
may be imposed’’ and inserting ‘‘for which the term
of imprisonment is at least one year’’; and
(11) in subparagraph (S), by striking ‘‘for
which a sentence of 5 years’ imprisonment or more
may be imposed’’ and inserting ‘‘for which the term
of imprisonment is at least one year’’.
(b) EFFECTIVE
DATE
OF
DEFINITION.—Section
101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by adding
at the end the following new sentence: ‘‘Notwithstanding
any other provision of law (including any effective date),
the term applies regardless of whether the conviction was
entered before, on, or after the date of enactment of this
paragraph.’’.
1587
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to actions taken on or after the
date of the enactment of this Act, regardless of when the
conviction occurred, and shall apply under section 276(b)
of the Immigration and Nationality Act only to violations
of section 276(a) of such Act occurring on or after such
date.
SEC. 322. DEFINITION OF CONVICTION AND TERM OF IM-
PRISONMENT.
(a) DEFINITION.—
(1) IN
GENERAL.—Section 101(a) (8 U.S.C.
1101(a)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(48)(A) The term ‘conviction’ means, with respect
to an alien, a formal judgment of guilt of the alien entered
by a court or, if adjudication of guilt has been withheld,
where—
‘‘(i) a judge or jury has found the alien guilty
or the alien has entered a plea of guilty or nolo
contendere or has admitted sufficient facts to war-
rant a finding of guilt, and
‘‘(ii) the judge has ordered some form of pun-
ishment, penalty, or restraint on the alien’s liberty
to be imposed.
1588
‘‘(B) Any reference to a term of imprisonment or a
sentence with respect to an offense is deemed to include
the period of incarceration or confinement ordered by a
court of law regardless of any suspension of the imposition
or execution of that imprisonment or sentence in whole
or in part.’’.
(2) CONFORMING AMENDMENTS.—
(A) 
Section 
101(a)(43) 
(8 
U.S.C.
1101(a)(43)) is amended by striking ‘‘imposed
(regardless of any suspension of imprison-
ment)’’ each place it appears in subparagraphs
(F), (G), (N), and (P).
(B) 
Section 
212(a)(2)(B) 
(8 
U.S.C.
1182(a)(2)(B)) is amended by striking ‘‘actu-
ally imposed’’.
(b) REFERENCE TO PROOF PROVISIONS.—For provi-
sions relating to proof of convictions, see subparagraphs
(B) and (C) of section 240(c)(3) of the Immigration and
Nationality Act, as inserted by section 304(a)(3) of this
division.
(c) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to convictions and sentences en-
tered before, on, or after the date of the enactment of this
Act. Subparagraphs (B) and (C) of section 240(c)(3) of
the Immigration and Nationality Act, as inserted by sec-
1589
tion 304(a)(3) of this division, shall apply to proving such
convictions.
SEC. 323. AUTHORIZING REGISTRATION OF ALIENS ON
CRIMINAL PROBATION OR CRIMINAL PA-
ROLE.
Section 263(a) (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 within
the United States, and (6)’’.
SEC. 324. PENALTY FOR REENTRY OF DEPORTED ALIENS.
(a) IN GENERAL.—Section 276(a)(1) (8 U.S.C.
1326(a)(1)) is amended to read as follows:
‘‘(1) has been arrested and deported, has been
excluded and deported, or has departed the United
States while an order of exclusion or deportation is
outstanding, and thereafter’’.
(b) TREATMENT OF STIPULATIONS.—The last sen-
tence of section 276(b) (8 U.S.C. 1326(b)) is amended by
inserting ‘‘(or not during)’’ after ‘‘during’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to departures that occurred be-
fore, on, or after the date of the enactment of this Act,
but only with respect to entries (and attempted entries)
occurring on or after such date.
1590
SEC. 325. CHANGE IN FILING REQUIREMENT.
Section 2424 of title 18, United States Code, is
amended—
(1) in the first undesignated paragraph of sub-
section (a)—
(A) by striking ‘‘alien’’ each place it ap-
pears;
(B) by inserting after ‘‘individual’’ the first
place it appears the following: ‘‘, knowing or in
reckless disregard of the fact that the individual
is an alien’’; and
(C) by striking ‘‘within three years after
that individual has entered the United States
from any country, party to the arrangement
adopted July 25, 1902, for the suppression of
the white-slave traffic’’;
(2) in the second undesignated paragraph of
subsection (a)—
(A) by striking ‘‘thirty’’ and inserting ‘‘five
business’’; and
(B) by striking ‘‘within three years after
that individual has entered the United States
from any country, party to the said arrange-
ment for the suppression of the white-slave
traffic,’’; and
1591
(3) in the text following the third undesignated
paragraph of subsection (a), by striking ‘‘two’’ and
inserting ‘‘10’’.
SEC. 326. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Subsection (a) of section 130002 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law
103–322), as amended by section 432 of Public Law 104–
132, is amended to read as follows:
‘‘(a) OPERATION AND PURPOSE.—The Commissioner
of Immigration and Naturalization shall, under the au-
thority of section 242(a)(3)(A) of the Immigration and
Nationality Act operate a criminal alien identification sys-
tem. The criminal alien identification system shall be used
to assist Federal, State, and local law enforcement agen-
cies in identifying and locating aliens who may be subject
to removal by reason of their conviction of aggravated felo-
nies, subject to prosecution under section 275 of such Act,
not lawfully present in the United States, or otherwise re-
movable. Such system shall include providing for recording
of fingerprint records of aliens who have been previously
arrested and removed into appropriate automated finger-
print identification systems.’’.
1592
SEC. 327. APPROPRIATIONS FOR CRIMINAL ALIEN TRACK-
ING CENTER.
Section 130002(b) of the Violent Crime Control and
Law Enforcement Act of 1994 (8 U.S.C. 1252 note) is
amended—
(1) by inserting ‘‘and’’ after ‘‘1996;’’, and
(2) by striking paragraph (2) and all that fol-
lows through the period at the end and inserting the
following:
‘‘(2) $5,000,000 for each of fiscal years 1997
through 2001.’’.
SEC. 328. PROVISIONS RELATING TO STATE CRIMINAL
ALIEN ASSISTANCE PROGRAM.
(a) MODIFICATION OF AUTHORITY.—
(1) IN GENERAL.—Section 241(i), as redesig-
nated by section 306(a)(1) of this division, is
amended—
(A) in paragraph (3)(A), by striking ‘‘fel-
ony and sentenced to a term of imprisonment’’
and inserting ‘‘felony or two or more mis-
demeanors’’, and
(B) by adding at the end the following new
paragraph:
‘‘(6) To the extent of available appropriations,
funds otherwise made available under this section
with respect to a State (or political subdivision, in-
1593
cluding a municipality) for incarceration of an un-
documented criminal alien may, at the discretion of
the recipient of the funds, be used for the costs of
imprisonment of such alien in a State, local, or mu-
nicipal prison or jail.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply beginning with fiscal
year 1997.
(b) SENSE OF THE CONGRESS WITH RESPECT TO
PROGRAM.—
(1) FINDINGS.—The Congress finds as follows:
(A) Of the $130,000,000 appropriated in
fiscal year 1995 for the State Criminal Alien
Assistance Program, the Department of Justice
disbursed the first $43,000,000 to States on
October 6, 1994, 32 days before the 1994 gen-
eral election, and then failed to disburse the re-
maining $87,000,000 until January 31, 1996,
123 days after the end of fiscal year 1995.
(B) While H.R. 2880, the continuing ap-
propriation measure funding certain operations
of the Federal Government from January 26,
1996 to March 15, 1996, included $66,000,000
to reimburse States for the cost of incarcerating
documented illegal immigrant felons, the De-
1594
partment of Justice failed to disburse any of
the funds to the States during the period of the
continuing appropriation.
(2) SENSE OF THE CONGRESS.—It is the sense
of the Congress that—
(A) the Department of Justice was dis-
turbingly slow in disbursing fiscal year 1995
funds under the State Criminal Alien Assist-
ance Program to States after the initial grants
were released just prior to the 1994 election;
and
(B) the Attorney General should make it a
high priority to expedite the disbursement of
Federal funds intended to reimburse States for
the cost of incarcerating illegal immigrants,
aiming for all State Criminal Alien Assistance
Program funds to be disbursed during the fiscal
year for which they are appropriated.
SEC. 329. DEMONSTRATION PROJECT FOR IDENTIFICATION
OF ILLEGAL ALIENS IN INCARCERATION FA-
CILITY OF ANAHEIM, CALIFORNIA.
(a) AUTHORITY.—The Attorney General shall con-
duct a project demonstrating the feasibility of identifying,
from among the individuals who are incarcerated in local
governmental prison facilities prior to arraignment on
1595
criminal charges, those individuals who are aliens unlaw-
fully present in the United States.
(b) DESCRIPTION OF PROJECT.—The project author-
ized by subsection (a) shall include—
(1) the detail to incarceration facilities within
the city of Anaheim, California and the county of
Ventura, California, of an employee of the Immigra-
tion and Naturalization Service who has expertise in
the identification of aliens unlawfully in the United
States, and
(2) provision of funds sufficient to provide
for—
(A) access for such employee to records of
the Service necessary to identify such aliens,
and
(B) in the case of an individual identified
as such an alien, pre-arraignment reporting to
the court regarding the Service’s intention to
remove the alien from the United States.
(c) TERMINATION.—The authority under this section
shall cease to be effective 6 months after the date of the
enactment of this Act.
SEC. 330. PRISONER TRANSFER TREATIES.
(a) NEGOTIATIONS WITH OTHER COUNTRIES.—(1)
Congress advises the President to begin to negotiate and
1597
oned and the length of time the alien is actually incarcer-
ated in the foreign country under such a treaty.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that—
(1) the focus of negotiations for such agree-
ments should be—
(A) to expedite the transfer of aliens un-
lawfully in the United States who are (or are
about to be) incarcerated in United States pris-
ons,
(B) to ensure that a transferred prisoner
serves the balance of the sentence imposed by
the United States courts,
(C) to eliminate any requirement of pris-
oner consent to such a transfer, and
(D) to allow the Federal Government or
the States to keep their original prison sen-
tences in force so that transferred prisoners
who return to the United States prior to the
completion of their original United States sen-
tences can be returned to custody for the bal-
ance of their prison sentences;
(2) the Secretary of State should give priority
to concluding an agreement with any country for
which the President determines that the number of
1598
aliens described in subsection (a) who are nationals
of that country in the United States represents a
significant percentage of all such aliens in the Unit-
ed States; and
(3) no new treaty providing for the transfer of
aliens from Federal, State, or local incarceration fa-
cilities to a foreign incarceration facility should per-
mit the alien to refuse the transfer.
(c) PRISONER
CONSENT.—Notwithstanding any
other provision of law, except as required by treaty, the
transfer of an alien from a Federal, State, or local incar-
ceration facility under an agreement of the type referred
to in subsection (a) shall not require consent of the alien.
(d) ANNUAL REPORT.—Not later than 90 days after
the date of the enactment of this Act, and annually there-
after, the Attorney General shall submit a report to the
Committees on the Judiciary of the House of Representa-
tives and of the Senate stating whether each prisoner
transfer treaty to which the United States is a party has
been effective in the preceding 12 months in bringing
about the return of deportable incarcerated aliens to the
country of which they are nationals and in ensuring that
they serve the balance of their sentences.
(e) TRAINING FOREIGN LAW ENFORCEMENT PER-
SONNEL.—(1) Subject to paragraph (2), the President
1599
shall direct the Border Patrol Academy and the Customs
Service Academy to enroll for training an appropriate
number of foreign law enforcement personnel, and shall
make appointments of foreign law enforcement personnel
to such academies, as necessary to further the following
United States law enforcement goals:
(A) Preventing of drug smuggling and other
cross-border criminal activity.
(B) Preventing illegal immigration.
(C) Preventing the illegal entry of goods into
the United States (including goods the sale of which
is illegal in the United States, the entry of which
would cause a quota to be exceeded, or the appro-
priate duty or tariff for which has not been paid).
(2) The appointments described in paragraph (1)
shall be made only to the extent there is capacity in such
academies beyond what is required to train United States
citizens needed in the Border Patrol and Customs Service,
and only of personnel from a country with which the pris-
oner transfer treaty has been stated to be effective in the
most recent report referred to in subsection (d).
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section.
1602
(4) methods for preventing the unlawful reentry
into the United States of aliens who have been con-
victed of criminal offenses in the United States and
transferred pursuant to the treaties;
(5) any recommendations by appropriate offi-
cials of the appropriate government agencies of such
countries regarding programs to achieve the goals
of, and ensure full compliance with, the treaties;
(6) whether the recommendations under this
subsection require the renegotiation of the treaties;
and
(7) the additional funds required to implement
each recommendation under this subsection.
SEC. 332. ANNUAL REPORT ON CRIMINAL ALIENS.
Not later than 12 months after the date of the enact-
ment of this Act, and annually thereafter, the Attorney
General shall submit to the Committees on the Judiciary
of the House of Representatives and of the Senate a report
detailing—
(1) the number of illegal aliens incarcerated in
Federal and State prisons for having committed felo-
nies, stating the number incarcerated for each type
of offense;
(2) the number of illegal aliens convicted of
felonies in any Federal or State court, but not sen-
1603
tenced to incarceration, in the year before the report
was submitted, stating the number convicted for
each type of offense;
(3) programs and plans underway in the De-
partment of Justice to ensure the prompt removal
from the United States of criminal aliens subject to
removal; and
(4) methods for identifying and preventing the
unlawful reentry of aliens who have been convicted
of criminal offenses in the United States and re-
moved from the United States.
SEC. 333. PENALTIES FOR CONSPIRING WITH OR ASSISTING
AN ALIEN TO COMMIT AN OFFENSE UNDER
THE CONTROLLED SUBSTANCES IMPORT AND
EXPORT ACT.
(a) REVIEW
OF GUIDELINES.—Not later than 6
months after the date of the enactment of this Act, the
United States Sentencing Commission shall conduct a re-
view of the guidelines applicable to an offender who con-
spires with, or aids or abets, a person who is not a citizen
or national of the United States in committing any offense
under section 1010 of the Controlled Substance Import
and Export Act (21 U.S.C. 960).
(b) REVISION OF GUIDELINES.—Following such re-
view, pursuant to section 994(p) of title 28, United States
1604
Code, the Commission shall promulgate sentencing guide-
lines or amend existing sentencing guidelines to ensure an
appropriately stringent sentence for such offenders.
SEC. 334. ENHANCED PENALTIES FOR FAILURE TO DEPART,
ILLEGAL REENTRY, AND PASSPORT AND VISA
FRAUD.
(a) FAILING TO DEPART.—The United States Sen-
tencing Commission shall promptly promulgate, pursuant
to section 994 of title 28, United States Code, amend-
ments to the sentencing guidelines to make appropriate
increases in the base offense level for offenses under sec-
tion 242(e) and 276(b) of the Immigration and National-
ity Act (8 U.S.C. 1252(e) and 1326(b)) to reflect the
amendments made by section 130001 of the Violent Crime
Control and Law Enforcement Act of 1994.
(b) PASSPORT AND VISA OFFENSES.—The United
States Sentencing Commission shall promptly promulgate,
pursuant to section 994 of title 28, United States Code,
amendments to the sentencing guidelines to make appro-
priate increases in the base offense level for offenses under
chapter 75 of title 18, United States Code to reflect the
amendments made by section 130009 of the Violent Crime
Control and Law Enforcement Act of 1994.
1605
Subtitle C—Revision of Grounds
for Exclusion and Deportation
SEC. 341. PROOF OF VACCINATION REQUIREMENT FOR IM-
MIGRANTS.
(a) IN GENERAL.—Section 212(a)(1)(A) (8 U.S.C.
1182(a)(1)(A)) is amended—
(1) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively, and
(2) by inserting after clause (i) the following
new clause:
‘‘(ii) who seeks admission as an immi-
grant, or who seeks adjustment of status
to the status of an alien lawfully admitted
for permanent residence, and who has
failed to present documentation of having
received vaccination against vaccine-pre-
ventable diseases, which shall include at
least the following diseases: mumps, mea-
sles, rubella, polio, tetanus and diphtheria
toxoids, pertussis, influenza type B and
hepatitis B, and any other vaccinations
against vaccine-preventable diseases rec-
ommended by the Advisory Committee for
Immunization Practices,’’.
1606
(b) WAIVER.—Section 212(g) (8 U.S.C. 1182(g)) is
amended by striking ‘‘, or’’ at the end of paragraph (1)
and all that follows and inserting a semicolon and the fol-
lowing:
‘‘in accordance with such terms, conditions, and con-
trols, if any, including the giving of bond, as the At-
torney General, in the discretion of the Attorney
General after consultation with the Secretary of
Health and Human Services, may by regulation pre-
scribe;
‘‘(2) subsection (a)(1)(A)(ii) in the case of any
alien—
‘‘(A) who receives vaccination against the
vaccine-preventable disease or diseases for
which the alien has failed to present docu-
mentation of previous vaccination,
‘‘(B) for whom a civil surgeon, medical of-
ficer, or panel physician (as those terms are de-
fined by section 34.2 of title 42 of the Code of
Federal Regulations) certifies, according to
such regulations as the Secretary of Health and
Human Services may prescribe, that such vac-
cination would not be medically appropriate, or
‘‘(C) under such circumstances as the At-
torney General provides by regulation, with re-
1607
spect to whom the requirement of such a vac-
cination would be contrary to the alien’s reli-
gious beliefs or moral convictions; or
‘‘(3) subsection (a)(1)(A)(iii) in the case of any
alien, in accordance with such terms, conditions, and
controls, if any, including the giving of bond, as the
Attorney General, in the discretion of the Attorney
General after consultation with the Secretary of
Health and Human Services, may by regulation pre-
scribe.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to applications for im-
migrant visas or for adjustment of status filed after Sep-
tember 30, 1996.
SEC. 342. INCITEMENT OF TERRORIST ACTIVITY AND PRO-
VISION OF FALSE DOCUMENTATION TO TER-
RORISTS AS A BASIS FOR EXCLUSION FROM
THE UNITED STATES.
(a) IN GENERAL.—Section 212(a)(3)(B) (8 U.S.C.
1182(a)(3)(B)) is amended—
(1) by redesignating subclauses (III) and (IV)
of clause (i) as subclauses (IV) and (V), respectively;
(2) by inserting after subclause (II) of clause
(i) the following new subclause:
1608
‘‘(III) has, under circumstances
indicating an intention to cause death
or serious bodily harm, incited terror-
ist activity,’’; and
(3) in clause (iii)(III), by inserting ‘‘documenta-
tion or’’ before ‘‘identification’’;
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to incitement regardless
of when it occurs.
SEC. 343. CERTIFICATION REQUIREMENTS FOR FOREIGN
HEALTH-CARE WORKERS.
Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amend-
ed—
(1) by redesignating subparagraph (C) as sub-
paragraph (D), and
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph:
‘‘(C) UNCERTIFIED
FOREIGN
HEALTH-
CARE WORKERS.—Any alien who seeks to enter
the United States for the purpose of performing
labor as a health-care worker, other than a phy-
sician, is excludable unless the alien presents to
the consular officer, or, in the case of an ad-
justment of status, the Attorney General, a cer-
1609
tificate from the Commission on Graduates of
Foreign Nursing Schools, or a certificate from
an equivalent independent credentialing organi-
zation approved by the Attorney General in con-
sultation with the Secretary of Health and
Human Services, verifying that—
‘‘(i) the alien’s education, training, li-
cense, and experience—
‘‘(I) meet all applicable statutory
and regulatory requirements for entry
into the United States under the clas-
sification specified in the application;
‘‘(II) are comparable with that
required for an American health-care
worker of the same type; and
‘‘(III) are authentic and, in the
case of a license, unencumbered;
‘‘(ii) the alien has the level of com-
petence in oral and written English consid-
ered by the Secretary of Health and
Human Services, in consultation with the
Secretary of Education, to be appropriate
for health care work of the kind in which
the alien will be engaged, as shown by an
appropriate score on one or more nation-
1610
ally recognized, commercially available,
standardized assessments of the applicant’s
ability to speak and write; and
‘‘(iii) if a majority of States licensing
the profession in which the alien intends to
work recognize a test predicting the suc-
cess on the profession’s licensing or certifi-
cation examination, the alien has passed
such a test or has passed such an examina-
tion.
For purposes of clause (ii), determination of the
standardized tests required and of the minimum
scores that are appropriate are within the sole
discretion of the Secretary of Health and
Human Services and are not subject to further
administrative or judicial review.’’.
SEC. 344. REMOVAL OF ALIENS FALSELY CLAIMING UNITED
STATES CITIZENSHIP.
(a) EXCLUSION OF ALIENS WHO HAVE FALSELY
CLAIMED
UNITED
STATES
CITIZENSHIP.—Section
212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)) is amended—
(1) by redesignating clause (ii) as clause (iii),
and
(2) by inserting after clause (i) the following
new clause:
1611
‘‘(ii) FALSELY
CLAIMING
CITIZEN-
SHIP.—Any alien who falsely represents, or
has falsely represented, himself or herself
to be a citizen of the United States for any
purpose or benefit under this Act (includ-
ing section 274A) or any other Federal or
State law is excludable.’’.
(b) DEPORTATION OF ALIENS WHO HAVE FALSELY
CLAIMED
UNITED
STATES
CITIZENSHIP.—Section
241(a)(3) (8 U.S.C. 1251(a)(3)) is amended by adding at
the end the following new subparagraph:
‘‘(D) FALSELY CLAIMING CITIZENSHIP.—
Any alien who falsely represents, or has falsely
represented, himself to be a citizen of the Unit-
ed States for any purpose or benefit under this
Act (including section 274A) or any Federal or
State law is deportable.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to representations made on or after
the date of the enactment of this Act.
SEC. 345. WAIVER OF EXCLUSION AND DEPORTATION
GROUND FOR CERTAIN SECTION 274C VIOLA-
TORS.
(a) EXCLUSION GROUNDS.—Section 212 (8 U.S.C.
1182) is amended—
1612
(1) by amending subparagraph (F) of sub-
section (a)(6) to read as follows:
‘‘(F) SUBJECT OF CIVIL PENALTY.—
‘‘(i) IN GENERAL.—An alien who is
the subject of a final order for violation of
section 274C is inadmissible.
‘‘(ii) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see
subsection (d)(12).’’; and
(2) by adding at the end of subsection (d) the
following new paragraph:
‘‘(12) The Attorney General may, in the discretion
of the Attorney General for humanitarian purposes or to
assure family unity, waive application of clause (i) of sub-
section (a)(6)(F)—
‘‘(A) in the case of an alien lawfully admitted
for permanent residence who temporarily proceeded
abroad voluntarily and not under an order of depor-
tation or removal and who is otherwise admissible to
the United States as a returning resident under sec-
tion 211(b), and
‘‘(B) in the case of an alien seeking admission
or adjustment of status under section 201(b)(2)(A)
or under section 203(a),
1613
if no previous civil money penalty was imposed against the
alien under section 274C and the offense was committed
solely to assist, aid, or support the alien’s spouse or child
(and not another individual). No court shall have jurisdic-
tion to review a decision of the Attorney General to grant
or deny a waiver under this paragraph.’’.
(b) GROUND OF DEPORTATION.—Subparagraph (C)
of section 241(a)(3) (8 U.S.C. 1251(a)(3)), before redesig-
nation by section 305(a)(2) of this division, is amended
to read as follows:
‘‘(C) DOCUMENT FRAUD.—
‘‘(i) IN GENERAL.—An alien who is
the subject of a final order for violation of
section 274C is deportable.
‘‘(ii) WAIVER AUTHORIZED.—The At-
torney General may waive clause (i) in the
case of an alien lawfully admitted for per-
manent residence if no previous civil
money penalty was imposed against the
alien under section 274C and the offense
was incurred solely to assist, aid, or sup-
port the alien’s spouse or child (and no
other individual). No court shall have juris-
diction to review a decision of the Attorney
1614
General to grant or deny a waiver under
this clause.’’.
SEC. 346. INADMISSIBILITY OF CERTAIN STUDENT VISA
ABUSERS.
(a) IN GENERAL.—Section 212(a)(6) (8 U.S.C.
1182(a)(6)) is amended by adding at the end the following
new subparagraph:
‘‘(G) STUDENT VISA ABUSERS.—An alien
who obtains the status of a nonimmigrant
under section 101(a)(15)(F)(i) and who violates
a term or condition of such status under section
214(l) is excludable until the alien has been
outside the United States for a continuous pe-
riod of 5 years after the date of the violation.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to aliens who obtain the status
of a nonimmigrant under section 101(a)(15)(F) of the Im-
migration and Nationality Act after the end of the 60-
day period beginning on the date of the enactment of this
Act, including aliens whose status as such a nonimmigrant
is extended after the end of such period.
SEC. 347. REMOVAL OF ALIENS WHO HAVE UNLAWFULLY
VOTED.
(a) EXCLUSION
OF ALIENS WHO HAVE UNLAW-
FULLY
VOTED.—Section 
212(a)(10) 
(8 
U.S.C.
1615
1182(a)(10)), as redesignated by section 301(b) of this di-
vision, is amended by adding at the end the following new
subparagraph:
‘‘(D) UNLAWFUL VOTERS.—Any alien who
has voted in violation of any Federal, State, or
local constitutional provision, statute, ordi-
nance, or regulation is excludable.’’.
(b) DEPORTATION OF ALIENS WHO HAVE UNLAW-
FULLY VOTED.—Section 241(a) (8 U.S.C. 1251(a)), be-
fore redesignation by section 305(a)(2) of this division, is
amended by adding at the end the following new para-
graph:
‘‘(6) UNLAWFUL VOTERS.—Any alien who has
voted in violation of any Federal, State, or local con-
stitutional provision, statute, ordinance, or regula-
tion is deportable.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to voting occurring before, on, or
after the date of the enactment of this Act.
SEC. 348. WAIVERS FOR IMMIGRANTS CONVICTED OF
CRIMES.
(a) IN
GENERAL.—Section 212(h) (8 U.S.C.
1182(h)) is amended by adding at the end the following:
‘‘No waiver shall be granted under this subsection in the
case of an alien who has previously been admitted to the
1616
United States as an alien lawfully admitted for permanent
residence if either since the date of such admission the
alien has been convicted of an aggravated felony or the
alien has not lawfully resided continuously in the United
States for a period of not less than 7 years immediately
preceding the date of initiation of proceedings to remove
the alien from the United States. No court shall have ju-
risdiction to review a decision of the Attorney General to
grant or deny a waiver under this subsection.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall be effective on the date of the enact-
ment of this Act and shall apply in the case of any alien
who is in exclusion or deportation proceedings as of such
date unless a final administrative order in such proceed-
ings has been entered as of such date.
SEC. 349. WAIVER OF MISREPRESENTATION GROUND OF IN-
ADMISSIBILITY FOR CERTAIN ALIEN.
Subsection (i) of section 212 (8 U.S.C. 1182) is
amended to read as follows:
‘‘(i)(1) The Attorney General may, in the discretion
of the Attorney General, waive the application of clause
(i) of subsection (a)(6)(C) in the case of an immigrant
who is the spouse, son, or daughter of a United States
citizen or of an alien lawfully admitted for permanent resi-
dence if it is established to the satisfaction of the Attorney
1617
General that the refusal of admission to the United States
of such immigrant alien would result in extreme hardship
to the citizen or lawfully resident spouse or parent of such
an alien.
‘‘(2) No court shall have jurisdiction to review a deci-
sion or action of the Attorney General regarding a waiver
under paragraph (1).’’.
SEC. 350. OFFENSES OF DOMESTIC VIOLENCE AND STALK-
ING AS GROUND FOR DEPORTATION.
(a) IN GENERAL.—Section 241(a)(2) (8 U.S.C.
1251(a)(2)) is amended by adding at the end the follow-
ing:
‘‘(E) CRIMES
OF
DOMESTIC
VIOLENCE,
STALKING, 
OR
VIOLATION
OF
PROTECTION
ORDER, CRIMES AGAINST CHILDREN AND .—
‘‘(i) DOMESTIC VIOLENCE, STALKING,
AND CHILD ABUSE.—Any alien who at any
time after entry is convicted of a crime of
domestic violence, a crime of stalking, or a
crime of child abuse, child neglect, or child
abandonment is deportable. For purposes
of this clause, the term ‘crime of domestic
violence’ means any crime of violence (as
defined in section 16 of title 18, United
States Code) against a person committed
1618
by a current or former spouse of the per-
son, by an individual with whom the per-
son shares a child in common, by an indi-
vidual who is cohabiting with or has
cohabited with the person as a spouse, by
an individual similarly situated to a spouse
of the person under the domestic or family
violence laws of the jurisdiction where the
offense occurs, or by any other individual
against a person who is protected from
that individual’s acts under the domestic
or family violence laws of the United
States or any State, Indian tribal govern-
ment, or unit of local government.
‘‘(ii) VIOLATORS OF PROTECTION OR-
DERS.—Any alien who at any time after
entry is enjoined under a protection order
issued by a court and whom the court de-
termines has engaged in conduct that vio-
lates the portion of a protection order that
involves protection against credible threats
of violence, repeated harassment, or bodily
injury to the person or persons for whom
the protection order was issued is deport-
able. For purposes of this clause, the term
1619
‘protection order’ means any injunction is-
sued for the purpose of preventing violent
or threatening acts of domestic violence,
including temporary or final orders issued
by civil or criminal courts (other than sup-
port or child custody orders or provisions)
whether obtained by filing an independent
action or as a pendente lite order in an-
other proceeding.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to convictions, or violations of
court orders, occurring after the date of the enactment
of this Act.
SEC. 351. CLARIFICATION OF DATE AS OF WHICH RELA-
TIONSHIP REQUIRED FOR WAIVER FROM EX-
CLUSION 
OR 
DEPORTATION 
FOR 
SMUG-
GLING.
(a) EXCLUSION.—Section 212(d)(11) (8 U.S.C.
1182(d)(11)) is amended by inserting ‘‘an individual who
at the time of such action was’’ after ‘‘aided only’’.
(b) DEPORTATION.—Section 241(a)(1)(E)(iii) (8
U.S.C. 1251(a)(1)(E)(iii)) is amended by inserting ‘‘an in-
dividual who at the time of the offense was’’ after ‘‘aided
only’’.
1620
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to applications for waivers filed
before, on, or after the date of the enactment of this Act,
but shall not apply to such an application for which a final
determination has been made as of the date of the enact-
ment of this Act.
SEC. 352. EXCLUSION OF FORMER CITIZENS WHO RE-
NOUNCED CITIZENSHIP TO AVOID UNITED
STATES TAXATION.
(a) IN GENERAL.—Section 212(a)(10) (8 U.S.C.
1182(a)(10)), as redesignated by section 301(b) of this di-
vision and as amended by section 347(a) of this division,
is amended by adding at the end the following:
‘‘(E) FORMER CITIZENS WHO RENOUNCED
CITIZENSHIP TO AVOID TAXATION.—Any alien
who is a former citizen of the United States
who officially renounces United States citizen-
ship and who is determined by the Attorney
General to have renounced United States citi-
zenship for the purpose of avoiding taxation by
the United States is excludable.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to individuals who renounce
United States citizenship on and after the date of the en-
actment of this Act.
1621
SEC. 353. REFERENCES TO CHANGES ELSEWHERE IN DIVI-
SION.
(a) DEPORTATION FOR HIGH SPEED FLIGHT.—For
provision making high speed flight from an immigration
checkpoint subject to deportation, see section 108(c) of
this division.
(b) INADMISSIBILITY OF ALIENS PREVIOUSLY RE-
MOVED
AND UNLAWFULLY PRESENT.—For provision
making aliens previously removed and unlawfully present
in the United States inadmissible, see section 301(b) of
this division.
(c) INADMISSIBILITY OF ILLEGAL ENTRANTS.—For
provision revising the ground of inadmissibility for illegal
entrants and immigration violators, see section 301(c) of
this division.
(d) DEPORTATION FOR VISA VIOLATORS.—For provi-
sion revising the ground of deportation for illegal entrants,
see section 301(d) of this division.
(e) LABOR CERTIFICATIONS
FOR PROFESSIONAL
ATHLETES.—For provision providing for continued valid-
ity of labor certifications and classification petitions for
professional athletes, see section 624 of this division.
1622
Subtitle D—Changes in Removal of
Alien Terrorist Provisions
SEC. 354. TREATMENT OF CLASSIFIED INFORMATION.
(a) LIMITATION ON PROVISION OF SUMMARIES; USE
OF SPECIAL ATTORNEYS IN CHALLENGES TO CLASSIFIED
INFORMATION.—
(1) NO PROVISION OF SUMMARY IN CERTAIN
CASES.—Section 
504(e)(3)(D) 
(8 
U.S.C.
1534(e)(3)(D)) is amended—
(A) in clause (ii), by inserting before the
period at the end the following: ‘‘unless the
judge makes the findings under clause (iii)’’,
and
(B) by adding at the end the following new
clause:
‘‘(iii) FINDINGS.—The findings de-
scribed in this clause are, with respect to
an alien, that—
‘‘(I) the continued presence of
the alien in the United States would
likely cause serious and irreparable
harm to the national security or death
or serious bodily injury to any person,
and
1623
‘‘(II) the provision of the sum-
mary would likely cause serious and
irreparable harm to the national secu-
rity or death or serious bodily injury
to any person.’’.
(2) SPECIAL CHALLENGE PROCEDURES.—Sec-
tion 504(e)(3) (8 U.S.C. 1534(e)(3)) is amended by
adding at the end the following new subparagraphs:
‘‘(E) CONTINUATION OF HEARING WITH-
OUT SUMMARY.—If a judge makes the findings
described in subparagraph (D)(iii)—
‘‘(i) if the alien involved is an alien
lawfully admitted for permanent residence,
the procedures described in subparagraph
(F) shall apply; and
‘‘(ii) in all cases the special removal
hearing shall continue, the Department of
Justice shall cause to be delivered to the
alien a statement that no summary is pos-
sible, and the classified information sub-
mitted in camera and ex parte may be
used pursuant to this paragraph.
‘‘(F) SPECIAL PROCEDURES FOR ACCESS
AND
CHALLENGES
TO
CLASSIFIED
INFORMA-
1624
TION BY SPECIAL ATTORNEYS IN CASE OF LAW-
FUL PERMANENT ALIENS.—
‘‘(i) IN
GENERAL.—The procedures
described in this subparagraph are that the
judge (under rules of the removal court)
shall designate a special attorney to assist
the alien—
‘‘(I) by reviewing in camera the
classified information on behalf of the
alien, and
‘‘(II) by challenging through an
in camera proceeding the veracity of
the evidence contained in the classi-
fied information.
‘‘(ii) 
RESTRICTIONS
ON
DISCLO-
SURE.—A special attorney receiving classi-
fied information under clause (i)—
‘‘(I) shall not disclose the infor-
mation to the alien or to any other at-
torney representing the alien, and
‘‘(II) who discloses such informa-
tion in violation of subclause (I) shall
be subject to a fine under title 18,
United States Code, imprisoned for
1625
not less than 10 years nor more than
25 years, or both.’’.
(3) 
APPEALS.—Section 
505(c) 
(8 
U.S.C.
1535(c)) is amended—
(A) in paragraph (1), by striking ‘‘The de-
cision’’ and inserting ‘‘Subject to paragraph
(2), the decision’’;
(B) in paragraph (3)(D), by inserting be-
fore the period at the end the following: ‘‘, ex-
cept that in the case of a review under para-
graph (2) in which an alien lawfully admitted
for permanent residence was denied a written
summary of classified information under section
504(c)(3), the Court of Appeals shall review
questions of fact de novo’’;
(C) by redesignating paragraphs (2) and
(3) as paragraphs (3) and (4), respectively; and
(D) by inserting after paragraph (1) the
following new paragraph:
‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA-
NENT
RESIDENT
ALIENS
IN
WHICH
NO
SUMMARY
PROVIDED.—
‘‘(A) IN
GENERAL.—Unless the alien
waives the right to a review under this para-
graph, in any case involving an alien lawfully
1626
admitted for permanent residence who is denied
a written summary of classified information
under section 504(e)(3) and with respect to
which the procedures described in section
504(e)(3)(F) apply, any order issued by the
judge shall be reviewed by the Court of Appeals
for the District of Columbia Circuit.
‘‘(B) USE OF SPECIAL ATTORNEY.—With
respect to any issue relating to classified infor-
mation that arises in such review, the alien
shall be represented only by the special attorney
designated under section 504(e)(3)(F)(i) on be-
half of the alien.’’.
(4) ESTABLISHMENT OF PANEL OF SPECIAL AT-
TORNEYS.—Section 502 (8 U.S.C. 1532) is amended
by adding at the end the following new subsection:
‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL AT-
TORNEYS.—The removal court shall provide for the des-
ignation of a panel of attorneys each of whom—
‘‘(1) has a security clearance which affords the
attorney access to classified information, and
‘‘(2) has agreed to represent permanent resi-
dent aliens with respect to classified information
under section 504(e)(3) in accordance with (and
subject to the penalties under) this title.’’.
1627
(5) DEFINITION OF SPECIAL ATTORNEY.—Sec-
tion 501 (8 U.S.C. 1531) is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (5),
(B) by striking the period at the end of
paragraph (6) and inserting ‘‘; and’’, and
(C) by adding at the end the following new
paragraph:
‘‘(7) the term ‘special attorney’ means an attor-
ney who is on the panel established under section
502(e).’’.
(b) OTHER PROVISIONS RELATING TO CLASSIFIED
INFORMATION.—
(1) INTRODUCTION
OF
CLASSIFIED
INFORMA-
TION.—Section 504(e) (8 U.S.C. 1534(e)) is amend-
ed—
(A) in paragraph (1)—
(i) by inserting after ‘‘(A)’’ the follow-
ing: ‘‘the Government is authorized to use
in a removal proceedings the fruits of elec-
tronic surveillance and unconsented phys-
ical searches authorized under the Foreign
Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) without regard to
1628
subsections (c), (e), (f), (g), and (h) of sec-
tion 106 of that Act and’’, and
(ii) by striking ‘‘the Foreign Intel-
ligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.)’’ and inserting ‘‘such
Act’’; and
(B) by striking the period at the end of
paragraph (3)(A) and inserting the following:
‘‘and neither the alien nor the public shall be
informed of such evidence or its sources other
than through reference to the summary pro-
vided pursuant to this paragraph. Notwith-
standing the previous sentence, the Department
of Justice may, in its discretion and, in the case
of classified information, after coordination with
the originating agency, elect to introduce such
evidence in open session.’’.
(2) MAINTENANCE
OF
CONFIDENTIALITY
OF
CLASSIFIED INFORMATION IN ARGUMENTS.—Section
504(f) (8 U.S.C. 1534(f)) is amended by adding at
the end the following: ‘‘The judge may allow any
part of the argument that refers to evidence received
in camera and ex parte to be heard in camera and
ex parte.’’.
1629
(3) MAINTENANCE
OF
CONFIDENTIALITY
OF
CLASSIFIED
INFORMATION
IN
ORDERS.—Section
504(j) (8 U.S.C. 1534(j)) is amended by adding at
the end the following: ‘‘Any portion of the order that
would reveal the substance or source of information
received in camera and ex parte pursuant to sub-
section (e) shall not be made available to the alien
or the public.’’.
SEC. 355. EXCLUSION OF REPRESENTATIVES OF TERROR-
ISTS ORGANIZATIONS.
Section 
212(a)(3)(B)(i)(IV) 
(8 
U.S.C.
1182(a)(3)(B)(i)(VI)), as inserted by section 411(1)(C) of
Public Law 104–132, is amended by inserting ‘‘which the
alien knows or should have known is a terrorist organiza-
tion’’ after ‘‘219,’’.
SEC. 356. STANDARD FOR JUDICIAL REVIEW OF TERRORIST
ORGANIZATION DESIGNATIONS.
Section 219(b)(3) (8 U.S.C. 1189(b)(3)), as added
by section 302(a) of Public Law 104–132, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(B),
(2) by striking the period at the end of sub-
paragraph (C) and inserting a semicolon, and
(3) by adding at the end the following:
1630
‘‘(D) lacking substantial support in the ad-
ministrative record taken as a whole or in clas-
sified information submitted to the court under
paragraph (2), or
‘‘(E) not in accord with the procedures re-
quired by law.’’.
SEC. 357. REMOVAL OF ANCILLARY RELIEF FOR VOL-
UNTARY DEPARTURE.
Section 504(k) (8 U.S.C. 1534(k)) is amended—
(1) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), and
(2) by inserting after paragraph (3) the follow-
ing new paragraph:
‘‘(4) 
voluntary 
departure 
under 
section
244(e);’’.
SEC. 358. EFFECTIVE DATE.
The amendments made by this subtitle shall be effec-
tive as if included in the enactment of subtitle A of title
IV of the Antiterrorism and Effective Death Penalty Act
of 1996 (Public Law 104–132).
Subtitle E—Transportation of
Aliens
SEC. 361. DEFINITION OF STOWAWAY.
(a) STOWAWAY DEFINED.—Section 101(a) (8 U.S.C.
1101(a)), as amended by section 322(a)(1) of this divi-
1631
sion, is amended by adding at the end the following new
paragraph:
‘‘(49) The term ‘stowaway’ means any alien who ob-
tains transportation without the consent of the owner,
charterer, master or person in command of any vessel or
aircraft through concealment aboard such vessel or air-
craft. A passenger who boards with a valid ticket is not
to be considered a stowaway.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 362. TRANSPORTATION CONTRACTS.
(a) COVERAGE OF NONCONTIGUOUS TERRITORY.—
Section 238 (8 U.S.C. 1228), before redesignation as sec-
tion 233 under section 308(b)(4) of this division, is
amended—
(1) in the heading, by striking ‘‘CONTIGUOUS’’,
and
(2) by striking ‘‘contiguous’’ each place it ap-
pears in subsections (a), (b), and (d).
(b) COVERAGE OF RAILROAD TRAIN.—Subsection (d)
of such section is further amended by inserting ‘‘or rail-
road train’’ after ‘‘aircraft’’.
1632
Subtitle F—Additional Provisions
SEC. 371. IMMIGRATION JUDGES AND COMPENSATION.
(a) DEFINITION OF TERM.—Paragraph (4) of section
101(b) (8 U.S.C. 1101(b)) is amended to read as follows:
‘‘(4) The term ‘immigration judge’ means an attorney
whom the Attorney General appoints as an administrative
judge within the Executive Office for Immigration Review,
qualified to conduct specified classes of proceedings, in-
cluding a hearing under section 240. An immigration
judge shall be subject to such supervision and shall per-
form such duties as the Attorney General shall prescribe,
but shall not be employed by the Immigration and Natu-
ralization Service.’’.
(b) SUBSTITUTION FOR TERM ‘‘SPECIAL INQUIRY
OFFICER’’.—The Immigration and Nationality Act is
amended by striking ‘‘a special inquiry officer’’, ‘‘A special
inquiry officer’’, ‘‘special inquiry officer’’, and ‘‘special in-
quiry officers’’ and inserting ‘‘an immigration judge’’, ‘‘An
immigration judge’’, ‘‘immigration judge’’, and ‘‘immigra-
tion judges’’, respectively, each place it appears in the fol-
lowing sections:
(1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)),
before its repeal by section 306(c) of this division.
(2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
1633
(3) Section 234 (8 U.S.C. 1224), before redes-
ignation by section 308(b) of this division.
(4) Section 235 (8 U.S.C. 1225), before amend-
ment by section 302(a) of this division.
(5) Section 236 (8 U.S.C. 1226), before amend-
ment by section 303 of this division.
(6) Section 242(b) (8 U.S.C. 1252(b)), before
amendment by section 306(a)(2) of this division.
(7) Section 242B(d)(1) (8 U.S.C. 1252b(d)(1)),
before repeal by section 306(b)(6) of this division.
(8) Section 273(d) (8 U.S.C. 1323(d)), before
its repeal by section 308(e)(13) of this division.
(9) Section 292 (8 U.S.C. 1362).
(c) COMPENSATION FOR IMMIGRATION JUDGES.—
(1) IN GENERAL.—There shall be four levels of
pay for immigration judges, under the Immigration
Judge Schedule (designated as IJ–1, 2, 3, and 4, re-
spectively), and each such judge shall be paid at one
of those levels, in accordance with the provisions of
this subsection.
(2) RATES OF PAY.—
(A) The rates of basic pay for the levels es-
tablished under paragraph (1) shall be as fol-
lows:
IJ–1 ...............................................
70% of the next to highest rate of
basic pay for the Senior Executive
Service
1634
IJ–2 ...............................................
80% of the next to highest rate of
basic pay for the Senior Executive
Service
IJ–3 ...............................................
90% of the next to highest rate of
basic pay for the Senior Executive
Service
IJ–4 ...............................................
92% of the next to highest rate of
basic pay for the Senior Executive
Service.
(B) Locality pay, where applicable, shall be
calculated into the basic pay for immigration
judges.
(3) APPOINTMENT.—
(A) Upon appointment, an immigration
judge shall be paid at IJ–1, and shall be ad-
vanced to IJ–2 upon completion of 104 weeks
of service, to IJ–3 upon completion of 104
weeks of service in the next lower rate, and to
IJ–4 upon completion of 52 weeks of service in
the next lower rate.
(B) Notwithstanding subparagraph (A),
the Attorney General may provide for appoint-
ment of an immigration judge at an advanced
rate under such circumstances as the Attorney
General may determine appropriate.
(4) TRANSITION.—Immigration judges serving
as of the effective date shall be paid at the rate that
corresponds to the amount of time, as provided
under paragraph (3)(A), that they have served as an
immigration judge, and in no case shall be paid less
1635
after the effective date than the rate of pay prior to
the effective date.
(d) EFFECTIVE DATES.—
(1) Subsections (a) and (b) shall take effect on
the date of the enactment of this Act.
(2) Subsection (c) shall take effect 90 days
after the date of the enactment of this Act.
SEC. 372. DELEGATION OF IMMIGRATION ENFORCEMENT
AUTHORITY.
Section 103(a) (8 U.S.C. 1103(a)) is amended—
(1) inserting ‘‘(1)’’ after ‘‘(a)’’,
(2) by designating each sentence (after the first
sentence) as a separate paragraph with appropriate
consecutive numbering and initial indentation,
(3) by adding at the end the following new
paragraph:
‘‘(8) In the event the Attorney General determines
that an actual or imminent mass influx of aliens arriving
off the coast of the United States, or near a land border,
presents urgent circumstances requiring an immediate
Federal response, the Attorney General may authorize any
State or local law enforcement officer, with the consent
of the head of the department, agency, or establishment
under whose jurisdiction the individual is serving, to per-
form or exercise any of the powers, privileges, or duties
1636
conferred or imposed by this Act or regulations issued
thereunder upon officers or employees of the Service.’’.
SEC. 373. POWERS AND DUTIES OF THE ATTORNEY GEN-
ERAL AND THE COMMISSIONER.
Section 103 (8 U.S.C. 1103) is amended—
(1) by adding at the end of subsection (a) the
following new paragraph:
‘‘(9) The Attorney General, in support of persons in
administrative detention in non-Federal institutions, is au-
thorized—
‘‘(A) to make payments from funds appro-
priated for the administration and enforcement of
the laws relating to immigration, naturalization, and
alien registration for necessary clothing, medical
care, necessary guard hire, and the housing, care,
and security of persons detained by the Service pur-
suant to Federal law under an agreement with a
State or political subdivision of a State; and
‘‘(B) to enter into a cooperative agreement with
any State, territory, or political subdivision thereof,
for the necessary construction, physical renovation,
acquisition of equipment, supplies or materials re-
quired to establish acceptable conditions of confine-
ment and detention services in any State or unit of
1637
local government which agrees to provide guaranteed
bed space for persons detained by the Service.’’; and
(2) by adding at the end of subsection (c), as
redesignated by section 102(d)(1) of this division,
the following: ‘‘The Commissioner may enter into co-
operative agreements with State and local law en-
forcement agencies for the purpose of assisting in
the enforcement of the immigration laws.’’.
SEC. 374. JUDICIAL DEPORTATION.
(a) IN
GENERAL.—Section 242A(d) (8 U.S.C.
1252a(d)), as added by section 224(a) of Immigration and
Nationality Technical Corrections Act of 1994 and before
redesignation by section 308(b)(5) of this division, is
amended—
(1) in paragraph (1), by striking ‘‘whose crimi-
nal conviction causes such alien to be deportable
under section 241(a)(2)(A)’’ and inserting ‘‘who is
deportable’’;
(2) in paragraph (4), by striking ‘‘without a de-
cision on the merits’’; and
(3) by adding at the end the following new
paragraph:
‘‘(5) STIPULATED JUDICIAL ORDER OF DEPOR-
TATION.—The United States Attorney, with the con-
currence of the Commissioner, may, pursuant to
1638
Federal Rule of Criminal Procedure 11, enter into
a plea agreement which calls for the alien, who is de-
portable under this Act, to waive the right to notice
and a hearing under this section, and stipulate to
the entry of a judicial order of deportation from the
United States as a condition of the plea agreement
or as a condition of probation or supervised release,
or both. The United States district court, in both
felony and misdemeanor cases, and a United States
magistrate judge in misdemeanor cases, may accept
such a stipulation and shall have jurisdiction to
enter a judicial order of deportation pursuant to the
terms of such stipulation.’’.
(b) DEPORTATION AS
A CONDITION
OF PROBA-
TION.—Section 3563(b) of title 18, United States Code,
is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(20);
(2) by redesignating paragraph (21) as para-
graph (22); and
(3) by inserting after paragraph (20) the fol-
lowing new paragraph:
‘‘(21) be ordered deported by a United States
district court, or United States magistrate judge,
pursuant to a stipulation entered into by the defend-
1639
ant and the United States under section 242A(d)(5)
of the Immigration and Nationality Act, except that,
in the absence of a stipulation, the United States
district court or a United States magistrate judge,
may order deportation as a condition of probation,
if, after notice and hearing pursuant to such section,
the Attorney General demonstrates by clear and con-
vincing evidence that the alien is deportable; or’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a)(2) shall be effective as if included in the
enactment of section 224(a) of the Immigration and Na-
tionality Technical Corrections Act of 1994.
SEC. 375. LIMITATION ON ADJUSTMENT OF STATUS.
Section 245(c) (8 U.S.C. 1255(c)) is amended—
(1) by striking ‘‘or (6)’’ and inserting ‘‘(6)’’;
and
(2) by inserting before the period at the end the
following: ‘‘; (7) any alien who seeks adjustment of
status to that of an immigrant under section 203(b)
and is not in a lawful nonimmigrant status; or (8)
any alien who was employed while the alien was an
unauthorized alien, as defined in section 274A(h)(3),
or who has otherwise violated the terms of a non-
immigrant visa’’.
1640
SEC. 376. TREATMENT OF CERTAIN FEES.
(a) INCREASE IN FEE.—Section 245(i) (8 U.S.C.
1255(i)), as added by section 506(b) of Public Law 103–
317, is amended—
(1) in paragraph (1), by striking ‘‘five times the
fee required for the processing of applications under
this section’’ and inserting ‘‘$1,000’’; and
(2) by amending paragraph (3) to read as fol-
lows:
‘‘(3)(A) The portion of each application fee (not to
exceed $200) that the Attorney General determines is re-
quired to process an application under this section and
is remitted to the Attorney General pursuant to para-
graphs (1) and (2) of this subsection shall be disposed of
by the Attorney General as provided in subsections (m),
(n), and (o) of section 286.
‘‘(B) Any remaining portion of such fees remitted
under such paragraphs shall be deposited by the Attorney
General into the Immigration Detention Account estab-
lished under section 286(s).’’.
(b) IMMIGRATION DETENTION ACCOUNT.—Section
286 (8 U.S.C. 1356) is amended by adding at the end
the following new subsection:
‘‘(s) 
IMMIGRATION
DETENTION
ACCOUNT.—(1)
There is established in the general fund of the Treasury
a separate account which shall be known as the ‘Immigra-
1642
the House of Representatives and the Senate in accord-
ance with section 605 of Public Law 104–134.
‘‘(D) The Attorney General shall prepare and submit
annually to the Congress statements of financial condition
of the Immigration Detention Account, including begin-
ning account balance, revenues, withdrawals, and ending
account balance and projection for the ensuing fiscal
year.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to applications made on or after
the end of the 90-day period beginning on the date of the
enactment of this Act.
SEC. 377. LIMITATION ON LEGALIZATION LITIGATION.
(a) LIMITATION ON COURT JURISDICTION.—Section
245A(f)(4) (8 U.S.C. 1255a(f)(4)) is amended by adding
at the end the following new subparagraph:
‘‘(C) JURISDICTION OF COURTS.—Notwith-
standing any other provision of law, no court
shall have jurisdiction of any cause of action or
claim by or on behalf of any person asserting
an interest under this section unless such per-
son in fact filed an application under this sec-
tion within the period specified by subsection
(a)(1), or attempted to file a complete applica-
tion and application fee with an authorized le-
1643
galization officer of the Service but had the ap-
plication and fee refused by that officer.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall be effective as if included in the enact-
ment of the Immigration Reform and Control Act of 1986.
SEC. 378. RESCISSION OF LAWFUL PERMANENT RESIDENT
STATUS.
(a) IN
GENERAL.—Section 246(a) (8 U.S.C.
1256(a)) is amended by adding at the end the following
sentence: ‘‘Nothing in this subsection shall require the At-
torney General to rescind the alien’s status prior to com-
mencement of procedures to remove the alien under sec-
tion 240, and an order of removal issued by an immigra-
tion judge shall be sufficient to rescind the alien’s sta-
tus.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the title III–A effective
date (as defined in section 309(a) of this division).
SEC. 379. ADMINISTRATIVE REVIEW OF ORDERS.
(a) 
IN
GENERAL.—Sections 
274A(e)(7) 
and
274C(d)(4) (8 U.S.C. 1324a(e)(7), 1324c(d)(4)) are each
amended—
(1) by striking ‘‘unless, within 30 days, the At-
torney General modifies or vacates the decision and
order’’ and inserting ‘‘unless either (A) within 30
1644
days, an official delegated by regulation to exercise
review authority over the decision and order modifies
or vacates the decision and order, or (B) within 30
days of the date of such a modification or vacation
(or within 60 days of the date of decision and order
of an administrative law judge if not so modified or
vacated) the decision and order is referred to the At-
torney General pursuant to regulations’’; and
(2) by striking ‘‘a final order’’ and inserting
‘‘the final agency decision and order’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to orders issued on or after the
date of the enactment of this Act.
SEC. 380. CIVIL PENALTIES FOR FAILURE TO DEPART.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 274C the follow-
ing new section:
‘‘CIVIL PENALTIES FOR FAILURE TO DEPART
‘‘SEC. 274D. (a) IN GENERAL.—Any alien subject to
a final order of removal who—
‘‘(1) willfully fails or refuses to—
‘‘(A) depart from the United States pursu-
ant to the order,
‘‘(B) make timely application in good faith
for travel or other documents necessary for de-
parture, or
1645
‘‘(C) present for removal at the time and
place required by the Attorney General; or
‘‘(2) conspires to or takes any action designed
to prevent or hamper the alien’s departure pursuant
to the order,
shall pay a civil penalty of not more than $500 to the
Commissioner for each day the alien is in violation of this
section.
‘‘(b) CONSTRUCTION.—Nothing in this section shall
be construed to diminish or qualify any penalties to which
an alien may be subject for activities proscribed by section
243(a) or any other section of this Act.’’.
(b) CLERICAL AMENDMENT.—The table of contents
is amended by inserting after the item relating to section
274C the following new item:
‘‘Sec. 274D. Civil penalties for failure to depart.’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to actions occurring on or after
the title III–A effective date (as defined in section 309(a)
of this division).
SEC. 381. CLARIFICATION OF DISTRICT COURT JURISDIC-
TION.
(a) IN GENERAL.—Section 279 (8 U.S.C. 1329) is
amended—
(1) by amending the first sentence to read as
follows: ‘‘The district courts of the United States
1646
shall have jurisdiction of all causes, civil and crimi-
nal, brought by the United States that arise under
the provisions of this title.’’, and
(2) by adding at the end the following new sen-
tence: ‘‘Nothing in this section shall be construed as
providing jurisdiction for suits against the United
States or its agencies or officers.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to actions filed after the date
of the enactment of this Act.
SEC. 382. APPLICATION OF ADDITIONAL CIVIL PENALTIES
TO ENFORCEMENT.
(a) IN GENERAL.—Subsection (b) of section 280 (8
U.S.C. 1330) is amended to read as follows:
‘‘(b)(1) There is established in the general fund of
the Treasury a separate account which shall be known as
the ‘Immigration Enforcement Account’. Notwithstanding
any other section of this title, there shall be deposited as
offsetting receipts into the Immigration Enforcement Ac-
count amounts described in paragraph (2) to remain avail-
able until expended.
‘‘(2) The amounts described in this paragraph are the
following:
1647
‘‘(A) The increase in penalties collected result-
ing from the amendments made by sections 203(b)
and 543(a) of the Immigration Act of 1990.
‘‘(B) Civil penalties collected under sections
240B(d), 274C, 274D, and 275(b).
‘‘(3)(A) The Secretary of the Treasury shall refund
out of the Immigration Enforcement Account to any ap-
propriation the amount paid out of such appropriation for
expenses incurred by the Attorney General for activities
that enhance enforcement of provisions of this title. Such
activities include—
‘‘(i) the identification, investigation, apprehen-
sion, detention, and removal of criminal aliens;
‘‘(ii) the maintenance and updating of a system
to identify and track criminal aliens, deportable
aliens, inadmissible aliens, and aliens illegally enter-
ing the United States; and
‘‘(iii) for the repair, maintenance, or construc-
tion on the United States border, in areas experienc-
ing high levels of apprehensions of illegal aliens, of
structures to deter illegal entry into the United
States.
‘‘(B) The amounts which are required to be refunded
under subparagraph (A) shall be refunded at least quar-
terly on the basis of estimates made by the Attorney Gen-
1649
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to fines and penalties collected on
or after the date of the enactment of this Act.
SEC. 383. EXCLUSION OF CERTAIN ALIENS FROM FAMILY
UNITY PROGRAM.
(a) IN GENERAL.—Section 301(e) of the Immigration
Act of 1990 (8 U.S.C. 1255a note) is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(1),
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘, or’’, and
(3) by adding at the end the following new
paragraph:
‘‘(3) has committed an act of juvenile delin-
quency which if committed by an adult would be
classified as—
‘‘(A) a felony crime of violence that has an
element the use or attempted use of physical
force against another individual, or
‘‘(B) a felony offense that by its nature in-
volves a substantial risk that physical force
against another individual may be used in the
course of committing the offense.’’.
1650
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to benefits granted or extended
after the date of the enactment of this Act.
SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION.
(a) IN GENERAL.—Except as provided in subsection
(b), in no case may the Attorney General, or any other
official or employee of the Department of Justice (includ-
ing any bureau or agency of such Department)—
(1) make an adverse determination of admissi-
bility or deportability of an alien under the Immigra-
tion and Nationality Act using information furnished
solely by—
(A) a spouse or parent who has battered
the alien or subjected the alien to extreme cru-
elty,
(B) a member of the spouse’s or parent’s
family residing in the same household as the
alien who has battered the alien or subjected
the alien to extreme cruelty when the spouse or
parent consented to or acquiesced in such bat-
tery or cruelty,
(C) a spouse or parent who has battered
the alien’s child or subjected the alien’s child to
extreme cruelty (without the active participation
1651
of the alien in the battery or extreme cruelty),
or
(D) a member of the spouse’s or parent’s
family residing in the same household as the
alien who has battered the alien’s child or sub-
jected the alien’s child to extreme cruelty when
the spouse or parent consented to or acquiesced
in such battery or cruelty and the alien did not
actively participate in such battery or cruelty,
unless the alien has been convicted of a crime or
crimes listed in section 241(a)(2) of the Immigration
and Nationality Act; or
(2) permit use by or disclosure to anyone (other
than a sworn officer or employee of the Department,
or bureau or agency thereof, for legitimate Depart-
ment, bureau, or agency purposes) of any informa-
tion which relates to an alien who is the beneficiary
of an application for relief under clause (iii) or (iv)
of section 204(a)(1)(A), clause (ii) or (iii) of section
204(a)(1)(B), 
section 
216(c)(4)(C), 
or 
section
244(a)(3) of such Act as an alien (or the parent of
a child) who has been battered or subjected to ex-
treme cruelty.
1652
The limitation under paragraph (2) ends when the appli-
cation for relief is denied and all opportunities for appeal
of the denial have been exhausted.
(b) EXCEPTIONS.—
(1) The Attorney General may provide, in the
Attorney General’s discretion, for the disclosure of
information in the same manner and circumstances
as census information may be disclosed by the Sec-
retary of Commerce under section 8 of title 13,
United States Code.
(2) The Attorney General may provide in the
discretion of the Attorney General for the disclosure
of information to law enforcement officials to be
used solely for a legitimate law enforcement purpose.
(3) Subsection (a) shall not be construed as
preventing disclosure of information in connection
with judicial review of a determination in a manner
that protects the confidentiality of such information.
(4) Subsection (a)(2) shall not apply if all the
battered individuals in the case are adults and they
have all waived the restrictions of such subsection.
(c) PENALTIES FOR VIOLATIONS.—Anyone who will-
fully uses, publishes, or permits information to be dis-
closed in violation of this section shall be subject to appro-
1653
priate disciplinary action and subject to a civil money pen-
alty of not more than $5,000 for each such violation.
(d) CONFORMING AMENDMENTS TO OTHER DISCLO-
SURE RESTRICTIONS.—
(1) IN GENERAL.—The last sentence of section
210(b)(6) and the second sentence of section
245A(c)(5) (8 U.S.C. 1255a(c)(5)) are each amend-
ed to read as follows: ‘‘Anyone who uses, publishes,
or permits information to be examined in violation
of this paragraph shall be subject to appropriate dis-
ciplinary action and subject to a civil money penalty
of not more than $5,000 for each violation.’’.
(2) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to offenses occurring
on or after the date of the enactment of this Act.
SEC. 385. AUTHORIZATION OF ADDITIONAL FUNDS FOR RE-
MOVAL OF ALIENS.
In addition to the amounts otherwise authorized to
be appropriated for each fiscal year beginning with fiscal
year 1996, there are authorized to be appropriated to the
Attorney General $150,000,000 for costs associated with
the removal of inadmissible or deportable aliens, including
costs of detention of such aliens pending their removal,
the hiring of more investigators, and the hiring of more
detention and deportation officers.
1654
SEC. 386. INCREASE IN INS DETENTION FACILITIES; RE-
PORT ON DETENTION SPACE.
(a) INCREASE IN DETENTION FACILITIES.—Subject
to the availability of appropriations, the Attorney General
shall provide for an increase in the detention facilities of
the Immigration and Naturalization Service to at least
9,000 beds before the end of fiscal year 1997.
(b) REPORT ON DETENTION SPACE.—
(1) IN
GENERAL.—Not later than 6 months
after the date of the enactment of this Act, and
every 6 months thereafter, the Attorney General
shall submit a report to the Committees on the Judi-
ciary of the House of Representatives and of the
Senate estimating the amount of detention space
that will be required, during the fiscal year in which
the report is submitted and the succeeding fiscal
year, to detain—
(A) all aliens subject to detention under
section 236(c) of the Immigration and Nation-
ality Act (as amended by section 303 of this
title) and section 241(a) of the Immigration
and Nationality Act (as inserted by section
305(a)(3) of this title);
(B) all excludable or deportable aliens sub-
ject to proceedings under section 238 of the Im-
migration and Nationality Act (as redesignated
1655
by section 308(b)(5) of this title) or section
235(b)(2)(A) or 240 of the Immigration and
Nationality Act; and
(C) other excludable or deportable aliens in
accordance with the priorities established by the
Attorney General.
(2) ESTIMATE
OF
NUMBER
OF
ALIENS
RE-
LEASED INTO THE COMMUNITY.—
(A) CRIMINAL ALIENS.—
(i) IN
GENERAL.—The first report
submitted under paragraph (1) shall in-
clude an estimate of the number of crimi-
nal aliens who, in each of the 3 fiscal years
concluded prior to the date of the report—
(I) were released from detention
facilities of the Immigration and Nat-
uralization Service (whether operated
directly by the Service or through con-
tract with other persons or agencies);
or
(II) were not taken into custody
or detention by the Service upon com-
pletion of their incarceration.
(ii) ALIENS
CONVICTED
OF
AGGRA-
VATED
FELONIES.—The estimate under
1656
clause (i) shall estimate separately, with
respect to each year described in such
clause, the number of criminal aliens de-
scribed in such clause who were convicted
of an aggravated felony.
(B) ALL
EXCLUDABLE
OR
DEPORTABLE
ALIENS.—The first report submitted under
paragraph (1) shall also estimate the number of
excludable or deportable aliens who were re-
leased into the community due to a lack of de-
tention facilities in each of the 3 fiscal years
concluded prior to the date of the report not-
withstanding circumstances that the Attorney
General believed justified detention (for exam-
ple, a significant probability that the released
alien would not appear, as agreed, at subse-
quent exclusion or deportation proceedings).
(C) SUBSEQUENT REPORTS.—Each report
under paragraph (1) following the first such re-
port shall include the estimates under subpara-
graphs (A) and (B), made with respect to the
6-month period immediately preceding the date
of the submission of the report.
1657
SEC. 387. PILOT PROGRAM ON USE OF CLOSED MILITARY
BASES FOR THE DETENTION OF INADMIS-
SIBLE OR DEPORTABLE ALIENS.
(a) ESTABLISHMENT.—The Attorney General and
the Secretary of Defense shall establish one or more pilot
programs for up to 2 years each to determine the feasibil-
ity of the use of military bases, available because of actions
under a base closure law, as detention centers by the Im-
migration and Naturalization Service. In selecting real
property at a military base for use as a detention center
under the pilot program, the Attorney General and the
Secretary shall consult with the redevelopment authority
established for the military base and give substantial def-
erence to the redevelopment plan prepared for the military
base.
(b) REPORT.—Not later than 30 months after the
date of the enactment of this Act, the Attorney General,
together with the Secretary of Defense, shall submit a re-
port to the Committees on the Judiciary of the House of
Representatives and of the Senate, and the Committees
on Armed Services of the House of Representatives and
of the Senate, on the feasibility of using military bases
closed under a base closure law as detention centers by
the Immigration and Naturalization Service.
(c) DEFINITION.—For purposes of this section, the
term ‘‘base closure law’’ means each of the following:
1658
(1) 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).
(2) Title II of the Defense Authorization
Amendments and Base Closure and Realignment
Act (Public Law 100–526; 10 U.S.C. 2687 note).
(3) Section 2687 of title 10, United States
Code.
(4) Any other similar law enacted after the date
of the enactment of this Act.
SEC. 388. REPORT ON INTERIOR REPATRIATION PROGRAM.
Not later than 30 months after the date of the enact-
ment of this Act, the Attorney General, in consultation
with the Secretary of State, shall submit a report to the
Committees on the Judiciary of the House of Representa-
tives and of the Senate on the operation of the program
of interior repatriation developed under section 437 of the
Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104–132).
1659
TITLE 
IV—ENFORCEMENT 
OF
RESTRICTIONS AGAINST EM-
PLOYMENT
Subtitle A—Pilot Programs for Em-
ployment Eligibility Confirma-
tion
SEC. 401. ESTABLISHMENT OF PROGRAMS.
(a) IN GENERAL.—The Attorney General shall con-
duct 3 pilot programs of employment eligibility confirma-
tion under this subtitle.
(b) IMPLEMENTATION DEADLINE; TERMINATION.—
The Attorney General shall implement the pilot programs
in a manner that permits persons and other entities to
have elections under section 402 of this division made and
in effect no later than 1 year after the date of the enact-
ment of this Act. Unless the Congress otherwise provides,
the Attorney General shall terminate a pilot program at
the end of the 4-year period beginning on the first day
the pilot program is in effect.
(c) SCOPE OF OPERATION OF PILOT PROGRAMS.—
The Attorney General shall provide for the operation—
(1) of the basic pilot program (described in sec-
tion 403(a) of this division) in, at a minimum, 5 of
the 7 States with the highest estimated population
1660
of aliens who are not lawfully present in the United
States;
(2) of the citizen attestation pilot program (de-
scribed in section 403(b) of this division) in at least
5 States (or, if fewer, all of the States) that meet
the condition described in section 403(b)(2)(A) of
this division; and
(3) of the machine-readable-document pilot pro-
gram (described in section 403(c) of this division) in
at least 5 States (or, if fewer, all of the States) that
meet the condition described in section 403(c)(2) of
this division.
(d) REFERENCES IN SUBTITLE.—In this subtitle—
(1) PILOT PROGRAM REFERENCES.—The terms
‘‘program’’ or ‘‘pilot program’’ refer to any of the 3
pilot programs provided for under this subtitle.
(2) CONFIRMATION SYSTEM.—The term ‘‘con-
firmation system’’ means the confirmation system
established under section 404 of this division.
(3) REFERENCES TO SECTION 274A.—Any ref-
erence in this subtitle to section 274A (or a subdivi-
sion of such section) is deemed a reference to such
section (or subdivision thereof) of the Immigration
and Nationality Act.
1661
(4) I–9 OR SIMILAR FORM.—The term ‘‘I–9 or
similar form’’ means the form used for purposes of
section 274A(b)(1)(A) or such other form as the At-
torney General determines to be appropriate.
(5) LIMITED APPLICATION TO RECRUITERS AND
REFERRERS.—Any reference to recruitment or refer-
ral (or a recruiter or referrer) in relation to employ-
ment is deemed a reference only to such recruitment
or referral (or recruiter or referrer) that is subject
to section 274A(a)(1)(B)(ii).
(6) UNITED STATES CITIZENSHIP.—The term
‘‘United States citizenship’’ includes United States
nationality.
(7) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 101(a)(36) of the Im-
migration and Nationality Act.
SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN A
PILOT PROGRAM.
(a) VOLUNTARY ELECTION.—Subject to subsection
(c)(3)(B), any person or other entity that conducts any
hiring (or recruitment or referral) in a State in which a
pilot program is operating may elect to participate in that
pilot program. Except as specifically provided in sub-
section (e), the Attorney General may not require any per-
son or other entity to participate in a pilot program.
1662
(b) BENEFIT OF REBUTTABLE PRESUMPTION.—
(1) IN GENERAL.—If a person or other entity
is participating in a pilot program and obtains con-
firmation of identity and employment eligibility in
compliance with the terms and conditions of the pro-
gram with respect to the hiring (or recruitment or
referral) of an individual for employment in the
United States, the person or entity has established
a rebuttable presumption that the person or entity
has not violated section 274A(a)(1)(A) with respect
to such hiring (or such recruitment or referral).
(2) CONSTRUCTION.—Paragraph (1) shall not
be construed as preventing a person or other entity
that has an election in effect under subsection (a)
from establishing an affirmative defense under sec-
tion 274A(a)(3) if the person or entity complies with
the requirements of section 274A(a)(1)(B) but fails
to obtain confirmation under paragraph (1).
(c) GENERAL TERMS OF ELECTIONS.—
(1) IN GENERAL.—An election under subsection
(a) shall be in such form and manner, under such
terms and conditions, and shall take effect, as the
Attorney General shall specify. The Attorney Gen-
eral may not impose any fee as a condition of mak-
ing an election or participating in a pilot program.
1663
(2) SCOPE OF ELECTION.—
(A) IN GENERAL.—Subject to paragraph
(3), any electing person or other entity may
provide that the election under subsection (a)
shall apply (during the period in which the elec-
tion is in effect)—
(i) to all its hiring (and all recruit-
ment or referral) in the State (or States)
in which the pilot program is operating, or
(ii) to its hiring (or recruitment or re-
ferral) in one or more pilot program States
or one or more places of hiring (or recruit-
ment or referral, as the case may be) in
the pilot program States.
(B) APPLICATION OF PROGRAMS IN NON-
PILOT PROGRAM STATES.—In addition, the At-
torney General may permit a person or entity
electing—
(i) the basic pilot program (described
in section 403(a) of this division) to pro-
vide that the election applies to its hiring
(or recruitment or referral) in one or more
States or places of hiring (or recruitment
or referral) in which the pilot program is
not otherwise operating, or
1664
(ii) the citizen attestation pilot pro-
gram (described in 403(b) of this division)
or the machine-readable-document pilot
program (described in section 403(c) of
this division) to provide that the election
applies to its hiring (or recruitment or re-
ferral) in one or more States or places of
hiring (or recruitment or referral) in which
the pilot program is not otherwise operat-
ing but only if such States meet the re-
quirements of 403(b)(2)(A) and 403(c)(2)
of this division, respectively.
(3) ACCEPTANCE
AND
REJECTION
OF
ELEC-
TIONS.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), the Attorney General shall
accept all elections made under subsection (a).
(B) REJECTION OF ELECTIONS.—The At-
torney General may reject an election by a per-
son or other entity under this section or limit
its applicability to certain States or places of
hiring (or recruitment or referral) if the Attor-
ney General has determined that there are in-
sufficient resources to provide appropriate serv-
ices under a pilot program for the person’s or
1665
entity’s hiring (or recruitment or referral) in
any or all States or places of hiring.
(4) TERMINATION OF ELECTIONS.—The Attor-
ney General may terminate an election by a person
or other entity under this section because the person
or entity has substantially failed to comply with its
obligations under the pilot program. A person or
other entity may terminate an election in such form
and manner as the Attorney General shall specify.
(d) CONSULTATION, EDUCATION, AND PUBLICITY.—
(1) CONSULTATION.—The Attorney General
shall closely consult with representatives of employ-
ers (and recruiters and referrers) in the development
and implementation of the pilot programs, including
the education of employers (and recruiters and refer-
rers) about such programs.
(2) PUBLICITY.—The Attorney General shall
widely publicize the election process and pilot pro-
grams, including the voluntary nature of the pilot
programs and the advantages to employers (and re-
cruiters and referrers) of making an election under
this section.
(3) 
ASSISTANCE
THROUGH
DISTRICT
OF-
FICES.—The Attorney General shall designate one or
more individuals in each District office of the Immi-
1666
gration and Naturalization Service for a Service Dis-
trict in which a pilot program is being imple-
mented—
(A) to inform persons and other entities
that seek information about pilot programs of
the voluntary nature of such programs, and
(B) to assist persons and other entities in
electing and participating in any pilot programs
in effect in the District, in complying with the
requirements of section 274A, and in facilitat-
ing confirmation of the identity and employ-
ment eligibility of individuals consistent with
such section.
(e) SELECT ENTITIES REQUIRED TO PARTICIPATE IN
A PILOT PROGRAM.—
(1) FEDERAL GOVERNMENT.—
(A) EXECUTIVE DEPARTMENTS.—
(i) IN GENERAL.—Each Department
of the Federal Government shall elect to
participate in a pilot program and shall
comply with the terms and conditions of
such an election.
(ii) ELECTION.—Subject to clause
(iii), the Secretary of each such Depart-
ment—
1667
(I) shall elect the pilot program
(or programs) in which the Depart-
ment shall participate, and
(II) may limit the election to hir-
ing occurring in certain States (or ge-
ographic areas) covered by the pro-
gram (or programs) and in specified
divisions within the Department, so
long as all hiring by such divisions
and in such locations is covered.
(iii) ROLE OF ATTORNEY GENERAL.—
The Attorney General shall assist and co-
ordinate elections under this subparagraph
in such manner as assures that—
(I) a significant portion of the
total hiring within each Department
within States covered by a pilot pro-
gram is covered under such a pro-
gram, and
(II) there is significant participa-
tion by the Federal Executive branch
in each of the pilot programs.
(B) LEGISLATIVE BRANCH.—Each Member
of Congress, each officer of Congress, and the
head of each agency of the legislative branch,
1668
that conducts hiring in a State in which a pilot
program is operating shall elect to participate
in a pilot program, may specify which pilot pro-
gram or programs (if there is more than one)
in which the Member, officer, or agency will
participate, and shall comply with the terms
and conditions of such an election.
(2) APPLICATION TO CERTAIN VIOLATORS.—An
order under section 274A(e)(4) or section 274B(g)
of the Immigration and Nationality Act may require
the subject of the order to participate in, and comply
with the terms of, a pilot program with respect to
the subject’s hiring (or recruitment or referral) of
individuals in a State covered by such a program.
(3) CONSEQUENCE
OF
FAILURE
TO
PARTICI-
PATE.—If a person or other entity is required under
this subsection to participate in a pilot program and
fails to comply with the requirements of such pro-
gram with respect to an individual—
(A) such failure shall be treated as a viola-
tion of section 274A(a)(1)(B) with respect to
that individual, and
(B) a rebuttable presumption is created
that the person or entity has violated section
274A(a)(1)(A).
1669
Subparagraph (B) shall not apply in any prosecution
under section 274A(f)(1).
(f) CONSTRUCTION.—This subtitle shall not affect
the authority of the Attorney General under any other law
(including section 274A(d)(4)) to conduct demonstration
projects in relation to section 274A.
SEC. 403. PROCEDURES FOR PARTICIPANTS IN PILOT PRO-
GRAMS.
(a) BASIC PILOT PROGRAM.—A person or other en-
tity that elects to participate in the basic pilot program
described in this subsection agrees to conform to the fol-
lowing procedures in the case of the hiring (or recruitment
or referral) for employment in the United States of each
individual covered by the election:
(1) PROVISION
OF
ADDITIONAL
INFORMA-
TION.—The person or entity shall obtain from the
individual (and the individual shall provide) and
shall record on the I–9 or similar form—
(A) the individual’s social security account
number, if the individual has been issued such
a number, and
(B) if the individual does not attest to
United 
States 
citizenship 
under 
section
274A(b)(2), such identification or authorization
number established by the Immigration and
1670
Naturalization Service for the alien as the At-
torney General shall specify,
and shall retain the original form and make it avail-
able for inspection for the period and in the manner
required of I–9 forms under section 274A(b)(3).
(2) PRESENTATION OF DOCUMENTATION.—
(A) IN GENERAL.—The person or other en-
tity, and the individual whose identity and em-
ployment eligibility are being confirmed, shall,
subject to subparagraph (B), fulfill the require-
ments of section 274A(b) with the following
modifications:
(i) A document referred to in section
274A(b)(1)(B)(ii) (as redesignated by sec-
tion 412(a) of this division) must be des-
ignated by the Attorney General as suit-
able for the purpose of identification in a
pilot program.
(ii) A document referred to in section
274A(b)(1)(D) must contain a photograph
of the individual.
(iii) The person or other entity has
complied with the requirements of section
274A(b)(1) with respect to examination of
a document if the document reasonably ap-
1671
pears on its face to be genuine and it rea-
sonably appears to pertain to the individ-
ual whose identity and work eligibility is
being confirmed.
(B) LIMITATION OF REQUIREMENT TO EX-
AMINE DOCUMENTATION.—If the Attorney Gen-
eral finds that a pilot program would reliably
determine with respect to an individual wheth-
er—
(i) the person with the identity
claimed by the individual is authorized to
work in the United States, and
(ii) the individual is claiming the iden-
tity of another person,
if a person or entity could fulfill the require-
ment to examine documentation contained in
subparagraph (A) of section 274A(b)(1) by ex-
amining a document specified in either subpara-
graph (B) or (D) of such section, the Attorney
General may provide that, for purposes of such
requirement, only such a document need be ex-
amined. In such case, any reference in section
274A(b)(1)(A) to a verification that an individ-
ual is not an unauthorized alien shall be
1672
deemed to be a verification of the individual’s
identity.
(3) SEEKING CONFIRMATION.—
(A) IN GENERAL.—The person or other en-
tity shall make an inquiry, as provided in sec-
tion 404(a)(1) of this division, using the con-
firmation system to seek confirmation of the
identity and employment eligibility of an indi-
vidual, by not later than the end of 3 working
days (as specified by the Attorney General)
after the date of the hiring (or recruitment or
referral, as the case may be).
(B) EXTENSION OF TIME PERIOD.—If the
person or other entity in good faith attempts to
make an inquiry during such 3 working days
and the confirmation system has registered that
not all inquiries were received during such time,
the person or entity can make an inquiry in the
first subsequent working day in which the con-
firmation system registers that it has received
all inquiries. If the confirmation system cannot
receive inquiries at all times during a day, the
person or entity merely has to assert that the
entity attempted to make the inquiry on that
day for the previous sentence to apply to such
1673
an inquiry, and does not have to provide any
additional proof concerning such inquiry.
(4) CONFIRMATION OR NONCONFIRMATION.—
(A) CONFIRMATION
UPON
INITIAL
IN-
QUIRY.—If the person or other entity receives
an appropriate confirmation of an individual’s
identity and work eligibility under the confirma-
tion system within the time period specified
under section 404(b) of this division, the person
or entity shall record on the I–9 or similar form
an appropriate code that is provided under the
system and that indicates a final confirmation
of such identity and work eligibility of the indi-
vidual.
(B) NONCONFIRMATION UPON INITIAL IN-
QUIRY AND SECONDARY VERIFICATION.—
(i) NONCONFIRMATION.—If the per-
son or other entity receives a tentative
nonconfirmation of an individual’s identity
or work eligibility under the confirmation
system within the time period specified
under 404(b) of this division, the person or
entity shall so inform the individual for
whom the confirmation is sought.
1674
(ii) NO CONTEST.—If the individual
does not contest the nonconfirmation with-
in the time period specified in section
404(c) of this division, the nonconfirmation
shall be considered final. The person or en-
tity shall then record on the I–9 or similar
form an appropriate code which has been
provided under the system to indicate a
tentative nonconfirmation.
(iii) CONTEST.—If the individual does
contest the nonconfirmation, the individual
shall utilize the process for secondary ver-
ification provided under section 404(c) of
this division. The nonconfirmation will re-
main tentative until a final confirmation or
nonconfirmation is provided by the con-
firmation system within the time period
specified in such section. In no case shall
an employer terminate employment of an
individual because of a failure of the indi-
vidual to have identity and work eligibility
confirmed under this section until a non-
confirmation becomes final. Nothing in this
clause shall apply to a termination of em-
1675
ployment for any reason other than be-
cause of such a failure.
(iv) RECORDING OF CONCLUSION ON
FORM.—If a final confirmation or noncon-
firmation is provided by the confirmation
system under section 404(c) of this divi-
sion regarding an individual, the person or
entity shall record on the I–9 or similar
form an appropriate code that is provided
under the system and that indicates a con-
firmation or nonconfirmation of identity
and work eligibility of the individual.
(C) CONSEQUENCES
OF
NONCONFIRMA-
TION.—
(i) TERMINATION
OR
NOTIFICATION
OF CONTINUED EMPLOYMENT.—If the per-
son or other entity has received a final
nonconfirmation regarding an individual
under subparagraph (B), the person or en-
tity may terminate employment (or recruit-
ment or referral) of the individual. If the
person or entity does not terminate em-
ployment (or recruitment or referral) of
the individual, the person or entity shall
notify the Attorney General of such fact
1676
through the confirmation system or in such
other manner as the Attorney General may
specify.
(ii) FAILURE TO NOTIFY.—If the per-
son or entity fails to provide notice with
respect to an individual as required under
clause (i), the failure is deemed to con-
stitute a violation of section 274A(a)(1)(B)
with respect to that individual and the ap-
plicable civil monetary penalty under sec-
tion 274A(e)(5) shall be (notwithstanding
the amounts specified in such section) no
less than $500 and no more than $1,000
for each individual with respect to whom
such violation occurred.
(iii) CONTINUED EMPLOYMENT AFTER
FINAL NONCONFIRMATION.—If the person
or other entity continues to employ (or to
recruit or refer) an individual after receiv-
ing final nonconfirmation, a rebuttable
presumption is created that the person or
entity has violated section 274A(a)(1)(A).
The previous sentence shall not apply in
any prosecution under section 274A(f)(1).
(b) CITIZEN ATTESTATION PILOT PROGRAM.—
1677
(1) IN GENERAL.—Except as provided in para-
graphs (3) through (5), the procedures applicable
under the citizen attestation pilot program under
this subsection shall be the same procedures as those
under the basic pilot program under subsection (a).
(2) RESTRICTIONS.—
(A) STATE DOCUMENT REQUIREMENT TO
PARTICIPATE IN PILOT PROGRAM.—The Attor-
ney General may not provide for the operation
of the citizen attestation pilot program in a
State unless each driver’s license or similar
identification document described in section
274A(b)(1)(D)(i) issued by the State—
(i) contains a photograph of the indi-
vidual involved, and
(ii) has been determined by the Attor-
ney General to have security features, and
to have been issued through application
and issuance procedures, which make such
document sufficiently resistant to counter-
feiting, tampering, and fraudulent use that
it is a reliable means of identification for
purposes of this section.
(B) AUTHORIZATION TO LIMIT EMPLOYER
PARTICIPATION.—The Attorney General may
1678
restrict the number of persons or other entities
that may elect to participate in the citizen at-
testation pilot program under this subsection as
the Attorney General determines to be nec-
essary to produce a representative sample of
employers and to reduce the potential impact of
fraud.
(3) NO CONFIRMATION REQUIRED FOR CERTAIN
INDIVIDUALS ATTESTING TO U.S. CITIZENSHIP.—In
the case of a person or other entity hiring (or re-
cruiting or referring) an individual under the citizen
attestation pilot program, if the individual attests to
United States citizenship (under penalty of perjury
on an I–9 or similar form which form states on its
face the criminal and other penalties provided under
law for a false representation of United States citi-
zenship)—
(A) the person or entity may fulfill the re-
quirement to examine documentation contained
in subparagraph (A) of section 274A(b)(1) by
examining a document specified in either sub-
paragraph (B)(i) or (D) of such section; and
(B) the person or other entity is not re-
quired to comply with respect to such individual
with the procedures described in paragraphs (3)
1679
and (4) of subsection (a), but only if the person
or entity retains the form and makes it avail-
able for inspection in the same manner as in
the case of an I–9 form under section
274A(b)(3).
(4) WAIVER OF DOCUMENT PRESENTATION RE-
QUIREMENT IN CERTAIN CASES.—
(A) IN GENERAL.—In the case of a person
or entity that elects, in a manner specified by
the Attorney General consistent with subpara-
graph (B), to participate in the pilot program
under this paragraph, if an individual being
hired (or recruited or referred) attests (in the
manner described in paragraph (3)) to United
States citizenship and the person or entity re-
tains the form on which the attestation is made
and makes it available for inspection in the
same manner as in the case of an I–9 form
under section 274A(b)(3), the person or entity
is not required to comply with the procedures
described in section 274A(b).
(B) RESTRICTION.—The Attorney General
shall restrict the election under this paragraph
to no more than 1,000 employers and, to the
extent practicable, shall select among employers
1680
seeking to make such election in a manner that
provides for such an election by a representative
sample of employers.
(5) NONREVIEWABLE
DETERMINATIONS.—The
determinations of the Attorney General under para-
graphs (2) and (4) are within the discretion of the
Attorney General and are not subject to judicial or
administrative review.
(c) MACHINE-READABLE-DOCUMENT PILOT PRO-
GRAM.—
(1) IN GENERAL.—Except as provided in para-
graph (3), the procedures applicable under the ma-
chine-readable-document pilot program under this
subsection shall be the same procedures as those
under the basic pilot program under subsection (a).
(2) STATE DOCUMENT REQUIREMENT TO PAR-
TICIPATE IN PILOT PROGRAM.—The Attorney Gen-
eral may not provide for the operation of the ma-
chine-readable-document pilot program in a State
unless driver’s licenses and similar identification
documents described in section 274A(b)(1)(D)(i) is-
sued by the State include a machine-readable social
security account number.
(3) 
USE
OF
MACHINE-READABLE
DOCU-
MENTS.—If the individual whose identity and em-
1681
ployment eligibility must be confirmed presents to
the person or entity hiring (or recruiting or refer-
ring) the individual a license or other document de-
scribed in paragraph (2) that includes a machine-
readable social security account number, the person
or entity must make an inquiry through the con-
firmation system by using a machine-readable fea-
ture of such document. If the individual does not at-
test to United States citizenship under section
274A(b)(2), the individual’s identification or author-
ization number described in subsection (a)(1)(B)
shall be provided as part of the inquiry.
(d) PROTECTION FROM LIABILITY
FOR ACTIONS
TAKEN ON THE BASIS OF INFORMATION PROVIDED BY
THE CONFIRMATION SYSTEM.—No person or entity par-
ticipating in a pilot program shall be civilly or criminally
liable under any law for any action taken in good faith
reliance on information provided through the confirmation
system.
SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYS-
TEM.
(a) IN GENERAL.—The Attorney General shall estab-
lish a pilot program confirmation system through which
the Attorney General (or a designee of the Attorney Gen-
eral, which may be a nongovernmental entity)—
1682
(1) responds to inquiries made by electing per-
sons and other entities (including those made by the
transmittal of data from machine-readable docu-
ments under the machine-readable pilot program) at
any time through a toll-free telephone line or other
toll-free electronic media concerning an individual’s
identity and whether the individual is authorized to
be employed, and
(2) maintains records of the inquiries that were
made, of confirmations provided (or not provided),
and of the codes provided to inquirers as evidence of
their compliance with their obligations under the
pilot programs.
To the extent practicable, the Attorney General shall seek
to establish such a system using one or more nongovern-
mental entities.
(b) INITIAL RESPONSE.—The confirmation system
shall provide confirmation or a tentative nonconfirmation
of an individual’s identity and employment eligibility with-
in 3 working days of the initial inquiry. If providing con-
firmation or tentative nonconfirmation, the confirmation
system shall provide an appropriate code indicating such
confirmation or such nonconfirmation.
(c) SECONDARY VERIFICATION PROCESS IN CASE OF
TENTATIVE NONCONFIRMATION.—In cases of tentative
1683
nonconfirmation, the Attorney General shall specify, in
consultation with the Commissioner of Social Security and
the Commissioner of the Immigration and Naturalization
Service, an available secondary verification process to con-
firm the validity of information provided and to provide
a final confirmation or nonconfirmation within 10 working
days after the date of the tentative nonconfirmation. When
final confirmation or nonconfirmation is provided, the con-
firmation system shall provide an appropriate code indi-
cating such confirmation or nonconfirmation.
(d) DESIGN AND OPERATION OF SYSTEM.—The con-
firmation system shall be designed and operated—
(1) to maximize its reliability and ease of use
by persons and other entities making elections under
section 402(a) of this division consistent with insu-
lating and protecting the privacy and security of the
underlying information;
(2) to respond to all inquiries made by such
persons and entities on whether individuals are au-
thorized to be employed and to register all times
when such inquiries are not received;
(3) with appropriate administrative, technical,
and physical safeguards to prevent unauthorized dis-
closure of personal information; and
1684
(4) to have reasonable safeguards against the
system’s resulting in unlawful discriminatory prac-
tices based on national origin or citizenship status,
including—
(A) the selective or unauthorized use of the
system to verify eligibility;
(B) the use of the system prior to an offer
of employment; or
(C) the exclusion of certain individuals
from consideration for employment as a result
of a perceived likelihood that additional verifica-
tion will be required, beyond what is required
for most job applicants.
(e) RESPONSIBILITIES OF THE COMMISSIONER OF
SOCIAL SECURITY.—As part of the confirmation system,
the Commissioner of Social Security, in consultation with
the entity responsible for administration of the system,
shall establish a reliable, secure method, which, within the
time periods specified under subsections (b) and (c), com-
pares the name and social security account number pro-
vided in an inquiry against such information maintained
by the Commissioner in order to confirm (or not confirm)
the validity of the information provided regarding an indi-
vidual whose identity and employment eligibility must be
confirmed, the correspondence of the name and number,
1685
and whether the individual has presented a social security
account number that is not valid for employment. The
Commissioner shall not disclose or release social security
information (other than such confirmation or noncon-
firmation).
(f) RESPONSIBILITIES OF THE COMMISSIONER OF
THE IMMIGRATION AND NATURALIZATION SERVICE.—As
part of the confirmation system, the Commissioner of the
Immigration and Naturalization Service, in consultation
with the entity responsible for administration of the sys-
tem, shall establish a reliable, secure method, which, with-
in the time periods specified under subsections (b) and (c),
compares the name and alien identification or authoriza-
tion number described in section 403(a)(1)(B) of this divi-
sion which are provided in an inquiry against such infor-
mation maintained by the Commissioner in order to con-
firm (or not confirm) the validity of the information pro-
vided, the correspondence of the name and number, and
whether the alien is authorized to be employed in the Unit-
ed States.
(g) UPDATING INFORMATION.—The Commissioners
of Social Security and the Immigration and Naturalization
Service shall update their information in a manner that
promotes the maximum accuracy and shall provide a proc-
ess for the prompt correction of erroneous information, in-
1686
cluding instances in which it is brought to their attention
in the secondary verification process described in sub-
section (c).
(h) LIMITATION ON USE OF THE CONFIRMATION
SYSTEM AND ANY RELATED SYSTEMS.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, nothing in this subtitle shall be
construed to permit or allow any department, bu-
reau, or other agency of the United States Govern-
ment to utilize any information, data base, or other
records assembled under this subtitle for any other
purpose other than as provided for under a pilot
program.
(2) NO
NATIONAL
IDENTIFICATION
CARD.—
Nothing in this subtitle shall be construed to author-
ize, directly or indirectly, the issuance or use of na-
tional identification cards or the establishment of a
national identification card.
SEC. 405. REPORTS.
The Attorney General shall submit to the Committees
on the Judiciary of the House of Representatives and of
the Senate reports on the pilot programs within 3 months
after the end of the third and fourth years in which the
programs are in effect. Such reports shall—
1687
(1) assess the degree of fraudulent attesting of
United States citizenship,
(2) include recommendations on whether or not
the pilot programs should be continued or modified,
and
(3) assess the benefits of the pilot programs to
employers and the degree to which they assist in the
enforcement of section 274A.
Subtitle B—Other Provisions
Relating to Employer Sanctions
SEC. 411. LIMITING LIABILITY FOR CERTAIN TECHNICAL
VIOLATIONS 
OF 
PAPERWORK 
REQUIRE-
MENTS.
(a) IN
GENERAL.—Section 274A(b) (8 U.S.C.
1324a(b)) is amended by adding at the end the following
new paragraph:
‘‘(6) GOOD FAITH COMPLIANCE.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraphs (B) and (C), a person or entity
is considered to have complied with a require-
ment of this subsection notwithstanding a tech-
nical or procedural failure to meet such require-
ment if there was a good faith attempt to com-
ply with the requirement.
1688
‘‘(B) EXCEPTION IF FAILURE TO CORRECT
AFTER
NOTICE.—Subparagraph (A) shall not
apply if—
‘‘(i) the Service (or another enforce-
ment agency) has explained to the person
or entity the basis for the failure,
‘‘(ii) the person or entity has been
provided a period of not less than 10 busi-
ness days (beginning after the date of the
explanation) within which to correct the
failure, and
‘‘(iii) the person or entity has not cor-
rected the failure voluntarily within such
period.
‘‘(C) EXCEPTION FOR PATTERN OR PRAC-
TICE VIOLATORS.—Subparagraph (A) shall not
apply to a person or entity that has or is engag-
ing in a pattern or practice of violations of sub-
section (a)(1)(A) or (a)(2).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to failures occurring on or after
the date of the enactment of this Act.
1689
SEC. 412. PAPERWORK AND OTHER CHANGES IN THE EM-
PLOYER SANCTIONS PROGRAM.
(a) REDUCING THE NUMBER OF DOCUMENTS AC-
CEPTED
FOR
EMPLOYMENT
VERIFICATION.—Section
274A(b)(1) (8 U.S.C. 1324a(b)(1)) is amended—
(1) in subparagraph (B)—
(A) by striking clauses (ii) through (iv),
(B) in clause (v), by striking ‘‘or other
alien registration card, if the card’’ and insert-
ing ‘‘, alien registration card, or other docu-
ment designated by the Attorney General, if the
document’’ and redesignating such clause as
clause (ii), and
(C) in clause (ii), as so redesignated—
(i) in subclause (I), by striking ‘‘or’’
before ‘‘such other personal identifying in-
formation’’ and inserting ‘‘and’’,
(ii) by striking ‘‘and’’ at the end of
subclause (I),
(iii) by striking the period at the end
of subclause (II) and inserting ‘‘, and’’,
and
(iv) by adding at the end the following
new subclause:
1690
‘‘(III) contains security features
to make it resistant to tampering,
counterfeiting, and fraudulent use.’’;
(2) in subparagraph (C)—
(A) by adding ‘‘or’’ at the end of clause (i),
(B) by striking clause (ii), and
(C) by redesignating clause (iii) as clause
(ii); and
(3) by adding at the end the following new sub-
paragraph:
‘‘(E) AUTHORITY
TO
PROHIBIT
USE
OF
CERTAIN
DOCUMENTS.—If the Attorney Gen-
eral finds, by regulation, that any document de-
scribed in subparagraph (B), (C), or (D) as es-
tablishing employment authorization or identity
does not reliably establish such authorization or
identity or is being used fraudulently to an un-
acceptable degree, the Attorney General may
prohibit or place conditions on its use for pur-
poses of this subsection.’’.
(b) REDUCTION OF PAPERWORK FOR CERTAIN EM-
PLOYEES.—Section 274A(a) (8 U.S.C. 1324a(a)) is
amended by adding at the end the following new para-
graph:
1691
‘‘(6) TREATMENT
OF
DOCUMENTATION
FOR
CERTAIN EMPLOYEES.—
‘‘(A) IN GENERAL.—For purposes of this
section, if—
‘‘(i) an individual is a member of a
collective-bargaining unit and is employed,
under a collective bargaining agreement
entered into between one or more employee
organizations and an association of two or
more employers, by an employer that is a
member of such association, and
‘‘(ii) within the period specified in
subparagraph (B), another employer that
is a member of the association (or an
agent of such association on behalf of the
employer) has complied with the require-
ments of subsection (b) with respect to the
employment of the individual,
the subsequent employer shall be deemed to
have complied with the requirements of sub-
section (b) with respect to the hiring of the em-
ployee and shall not be liable for civil penalties
described in subsection (e)(5).
‘‘(B) PERIOD.—The period described in
this subparagraph is 3 years, or, if less, the pe-
1692
riod of time that the individual is authorized to
be employed in the United States.
‘‘(C) LIABILITY.—
‘‘(i) IN
GENERAL.—If any employer
that is a member of an association hires
for employment in the United States an in-
dividual and relies upon the provisions of
subparagraph (A) to comply with the re-
quirements of subsection (b) and the indi-
vidual is an alien not authorized to work in
the United States, then for the purposes of
paragraph (1)(A), subject to clause (ii),
the employer shall be presumed to have
known at the time of hiring or afterward
that the individual was an alien not au-
thorized to work in the United States.
‘‘(ii) REBUTTAL OF PRESUMPTION.—
The presumption established by clause (i)
may be rebutted by the employer only
through the presentation of clear and con-
vincing evidence that the employer did not
know (and could not reasonably have
known) that the individual at the time of
hiring or afterward was an alien not au-
thorized to work in the United States.
1693
‘‘(iii) EXCEPTION.—Clause (i) shall
not apply in any prosecution under sub-
section (f)(1).’’.
(c) ELIMINATION OF DATED PROVISIONS.—Section
274A (8 U.S.C. 1324a) is amended by striking subsections
(i) through (n).
(d) CLARIFICATION OF APPLICATION TO FEDERAL
GOVERNMENT.—Section 274A(a) (8 U.S.C. 1324a(a)), as
amended by subsection (b), is amended by adding at the
end the following new paragraph:
‘‘(7) APPLICATION
TO
FEDERAL
GOVERN-
MENT.—For purposes of this section, the term ‘en-
tity’ includes an entity in any branch of the Federal
Government.’’.
(e) EFFECTIVE DATES.—
(1) The amendments made by subsection (a)
shall apply with respect to hiring (or recruitment or
referral) occurring on or after such date (not later
than 12 months after the date of the enactment of
this Act) as the Attorney General shall designate.
(2) The amendment made by subsection (b)
shall apply to individuals hired on or after 60 days
after the date of the enactment of this Act.
1694
(3) The amendment made by subsection (c)
shall take effect on the date of the enactment of this
Act.
(4) The amendment made by subsection (d) ap-
plies to hiring occurring before, on, or after the date
of the enactment of this Act, but no penalty shall be
imposed under subsection (e) or (f) of section 274A
of the Immigration and Nationality Act for such hir-
ing occurring before such date.
SEC. 413. REPORT ON ADDITIONAL AUTHORITY OR RE-
SOURCES NEEDED FOR ENFORCEMENT OF
EMPLOYER SANCTIONS PROVISIONS.
(a) IN GENERAL.—Not later than 1 year after the
date of the enactment of this Act, the Attorney General
shall submit to the Committees on the Judiciary of the
House of Representatives and of the Senate a report on
any additional authority or resources needed—
(1) by the Immigration and Naturalization
Service in order to enforce section 274A of the Im-
migration and Nationality Act, or
(2) by Federal agencies in order to carry out
the Executive Order of February 13, 1996 (entitled
‘‘Economy and Efficiency in Government Procure-
ment Through Compliance with Certain Immigration
and Naturalization Act Provisions’’) and to expand
1695
the restrictions in such order to cover agricultural
subsidies, grants, job training programs, and other
Federally subsidized assistance programs.
(b) REFERENCE TO INCREASED AUTHORIZATION OF
APPROPRIATIONS.—For provision increasing the author-
ization of appropriations for investigators for violations of
sections 274 and 274A of the Immigration and National-
ity Act, see section 131 of this division.
SEC. 414. REPORTS ON EARNINGS OF ALIENS NOT AUTHOR-
IZED TO WORK.
(a) IN GENERAL.—Subsection (c) of section 290 (8
U.S.C. 1360) is amended to read as follows:
‘‘(c)(1) Not later than 3 months after the end of each
fiscal year (beginning with fiscal year 1996), the Commis-
sioner of Social Security shall report to the Committees
on the Judiciary of the House of Representatives and the
Senate on the aggregate quantity of social security ac-
count numbers issued to aliens not authorized to be em-
ployed, with respect to which, in such fiscal year, earnings
were reported to the Social Security Administration.
‘‘(2) If earnings are reported on or after January 1,
1997, to the Social Security Administration on a social
security account number issued to an alien not authorized
to work in the United States, the Commissioner of Social
Security shall provide the Attorney General with informa-
1696
tion regarding the name and address of the alien, the
name and address of the person reporting the earnings,
and the amount of the earnings. The information shall be
provided in an electronic form agreed upon by the Com-
missioner and the Attorney General.’’.
(b) REPORT ON FRAUDULENT USE OF SOCIAL SECU-
RITY ACCOUNT NUMBERS.—The Commissioner of Social
Security shall transmit to the Attorney General, by not
later than 1 year after the date of the enactment of this
Act, a report on the extent to which social security account
numbers and cards are used by aliens for fraudulent pur-
poses.
SEC. 415. AUTHORIZING MAINTENANCE OF CERTAIN IN-
FORMATION ON ALIENS.
Section 264 (8 U.S.C. 1304) is amended by adding
at the end the following new subsection:
‘‘(f) Notwithstanding any other provision of law, the
Attorney General is authorized to require any alien to pro-
vide the alien’s social security account number for pur-
poses of inclusion in any record of the alien maintained
by the Attorney General or the Service.’’.
SEC. 416. SUBPOENA AUTHORITY.
Section 274A(e)(2) (8 U.S.C. 1324a(e)(2)) is amend-
ed—
1697
(1) by striking ‘‘and’’ at the end of subpara-
graph (A);
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘, and’’; and
(3) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) immigration officers designated by
the Commissioner may compel by subpoena the
attendance of witnesses and the production of
evidence at any designated place prior to the fil-
ing of a complaint in a case under paragraph
(2).’’.
Subtitle C—Unfair Immigration-
Related Employment Practices
SEC. 421. TREATMENT OF CERTAIN DOCUMENTARY PRAC-
TICES AS UNFAIR IMMIGRATION-RELATED
EMPLOYMENT PRACTICES.
(a) IN GENERAL.—Section 274B(a)(6) (8 U.S.C.
1324b(a)(6)) is amended—
(1) by striking ‘‘For purposes of paragraph (1),
a’’ and inserting ‘‘A’’; and
(2) by striking ‘‘relating to the hiring of indi-
viduals’’ and inserting the following: ‘‘if made for
the purpose or with the intent of discriminating
against an individual in violation of paragraph (1)’’.
1698
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to requests made on or after
the date of the enactment of this Act.
TITLE V—RESTRICTIONS ON
BENEFITS FOR ALIENS
Subtitle A—Eligibility of Aliens for
Public Assistance and Benefits
SEC. 501. EXCEPTION TO INELIGIBILITY FOR PUBLIC BENE-
FITS FOR CERTAIN BATTERED ALIENS.
Section 431 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641)
is amended by adding at the end the following new sub-
section:
‘‘(c) TREATMENT OF CERTAIN BATTERED ALIENS AS
QUALIFIED ALIENS.—For purposes of this title, the term
‘qualified alien’ includes—
‘‘(1) an alien who—
‘‘(A) has been battered or subjected to ex-
treme cruelty in the United States by a spouse
or a parent, or by a member of the spouse or
parent’s family residing in the same household
as the alien and the spouse or parent consented
to, or acquiesced in, such battery or cruelty, but
only if (in the opinion of the Attorney General,
which opinion is not subject to review by any
1699
court) there is a substantial connection between
such battery or cruelty and the need for the
benefits to be provided; and
‘‘(B) has been approved or has a petition
pending which sets forth a prima facie case
for—
‘‘(i) status as a spouse or a child of
a United States citizen pursuant to clause
(ii), (iii), or (iv) of section 204(a)(1)(A) of
the Immigration and Nationality Act,
‘‘(ii) classification pursuant to clause
(ii) or (iii) of section 204(a)(1)(B) of the
Act,
‘‘(iii) suspension of deportation and
adjustment of status pursuant to section
244(a)(3) of such Act, or
‘‘(iv) status as a spouse or child of a
United States citizen pursuant to clause (i)
of section 204(a)(1)(A) of such Act, or
classification pursuant to clause (i) of sec-
tion 204(a)(1)(B) of such Act; or
‘‘(2) an alien—
‘‘(A) whose child has been battered or sub-
jected to extreme cruelty in the United States
by a spouse or a parent of the alien (without
1700
the active participation of the alien in the bat-
tery or cruelty), or by a member of the spouse
or parent’s family residing in the same house-
hold as the alien and the spouse or parent con-
sented or acquiesced to such battery or cruelty,
and the alien did not actively participate in
such battery or cruelty, but only if (in the opin-
ion of the Attorney General, which opinion is
not subject to review by any court) there is a
substantial connection between such battery or
cruelty and the need for the benefits to be pro-
vided; and
‘‘(B) who meets the requirement of clause
(ii) of subparagraph (A).
This subsection shall not apply to an alien during any pe-
riod in which the individual responsible for such battery
or cruelty resides in the same household or family eligi-
bility unit as the individual subjected to such battery or
cruelty.’’.
SEC. 502. PILOT PROGRAMS ON LIMITING ISSUANCE OF
DRIVER’S LICENSES TO ILLEGAL ALIENS.
(a) IN GENERAL.—Pursuant to guidelines prescribed
by the Attorney General not later than 6 months after
the date of the enactment of this Act, all States may con-
duct pilot programs within their State to determine the
1701
viability, advisability, and cost-effectiveness of the State’s
denying driver’s licenses to aliens who are not lawfully
present in the United States. Under a pilot program a
State may deny a driver’s license to aliens who are not
lawfully present in the United States. Such program shall
be conducted in cooperation with relevant State and local
authorities.
(b) REPORT.—Not later than 3 years after the date
of the enactment of this Act, the Attorney General shall
submit a report to the Judiciary Committees of the House
of Representatives and of the Senate on the results of the
pilot programs conducted under subsection (a).
SEC. 503. INELIGIBILITY OF ALIENS NOT LAWFULLY
PRESENT FOR SOCIAL SECURITY BENEFITS.
(a) IN GENERAL.—Section 202 of the Social Security
Act (42 U.S.C. 402) is amended by adding at the end the
following new subsection:
‘‘Limitation on Payments to Aliens
‘‘(y) Notwithstanding any other provision of law, no
monthly benefit under this title shall be payable to any
alien in the United States for any month during which
such alien is not lawfully present in the United States as
determined by the Attorney General.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to benefits for
1702
which applications are filed on or after the first day of
the first month that begins at least 60 days after the date
of the enactment of this Act.
SEC. 504. PROCEDURES FOR REQUIRING PROOF OF CITI-
ZENSHIP FOR FEDERAL PUBLIC BENEFITS.
Section 432(a) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1642) is amended—
(1) by inserting ‘‘(1)’’ after the dash, and
(2) by adding at the end the following:
‘‘(2) Not later than 18 months after the date of the
enactment of this Act, the Attorney General, in consulta-
tion with the Secretary of Health and Human Services,
shall also establish procedures for a person applying for
a Federal public benefit (as defined in section 401(c)) to
provide proof of citizenship in a fair and nondiscrim-
inatory manner.’’.
SEC. 505. LIMITATION ON ELIGIBILITY FOR PREFERENTIAL
TREATMENT 
OF 
ALIENS 
NOT 
LAWFULLY
PRESENT ON BASIS OF RESIDENCE FOR
HIGHER EDUCATION BENEFITS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, an alien who is not lawfully present in the
United States shall not be eligible on the basis of residence
within a State (or a political subdivision) for any post-
1703
secondary education benefit unless a citizen or national
of the United States is eligible for such a benefit (in no
less an amount, duration, and scope) without regard to
whether the citizen or national is such a resident.
(b) EFFECTIVE DATE.—This section shall apply to
benefits provided on or after July 1, 1998.
SEC. 506. STUDY AND REPORT ON ALIEN STUDENT ELIGI-
BILITY FOR POSTSECONDARY FEDERAL STU-
DENT FINANCIAL ASSISTANCE.
(a) GAO STUDY AND REPORT.—
(1) STUDY.—The Comptroller General shall
conduct a study to determine the extent to which
aliens who are not lawfully admitted for permanent
residence are receiving postsecondary Federal stu-
dent financial assistance.
(2) REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Comptroller
General shall submit a report to the appropriate
committees of the Congress on the study conducted
under paragraph (1).
(b) REPORT ON COMPUTER MATCHING PROGRAM.—
(1) IN
GENERAL.—Not later than one year
after the date of the enactment of this Act, the Sec-
retary of Education and the Commissioner of Social
Security shall jointly submit to the appropriate com-
1704
mittees of the Congress a report on the computer
matching program of the Department of Education
under section 484(p) of the Higher Education Act of
1965.
(2) REPORT
ELEMENTS.—The report under
paragraph (1) shall include the following:
(A) An assessment by the Secretary and
the Commissioner of the effectiveness of the
computer matching program, and a justification
for such assessment.
(B) The ratio of successful matches under
the program to inaccurate matches.
(C) Such other information as the Sec-
retary and the Commissioner jointly consider
appropriate.
(c) APPROPRIATE
COMMITTEES
OF
THE
CON-
GRESS.—For purposes of this section the term ‘‘appro-
priate committees of the Congress’’ means the Committee
on Economic and Educational Opportunities and the Com-
mittee on the Judiciary of the House of Representatives
and the Committee on Labor and Human Resources and
the Committee on the Judiciary of the Senate.
1705
SEC. 507. VERIFICATION OF IMMIGRATION STATUS FOR
PURPOSES OF SOCIAL SECURITY AND HIGH-
ER EDUCATIONAL ASSISTANCE.
(a) SOCIAL SECURITY ACT STATE INCOME AND ELI-
GIBILITY
VERIFICATION
SYSTEMS.—Section
1137(d)(4)(B)(i)) of the Social Security Act (42 U.S.C.
1320b–7(d)(4)(B)(i)) is amended to read as follows:
‘‘(i) the State shall transmit to the
Immigration and Naturalization Service ei-
ther photostatic or other similar copies of
such documents, or information from such
documents, as specified by the Immigra-
tion and Naturalization Service, for official
verification,’’.
(b) ELIGIBILITY FOR ASSISTANCE UNDER HIGHER
EDUCATION ACT OF 1965.—Section 484(g)(4)(B)(i) of
the Higher Education Act of 1965 (20 U.S.C.
1091(g)(4)(B)(i)) is amended to read as follows:
‘‘(i) the institution shall transmit to
the Immigration and Naturalization Serv-
ice either photostatic or other similar cop-
ies of such documents, or information from
such documents, as specified by the Immi-
gration and Naturalization Service, for of-
ficial verification,’’.
1706
SEC. 508. NO VERIFICATION REQUIREMENT FOR NON-
PROFIT CHARITABLE ORGANIZATIONS.
Section 432 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1642)
is amended by adding at the end the following new sub-
section:
‘‘(d) NO VERIFICATION REQUIREMENT FOR NON-
PROFIT CHARITABLE ORGANIZATIONS.—Subject to sub-
section (a), a nonprofit charitable organization, in provid-
ing any Federal public benefit (as defined in section
401(c)) or any State or local public benefit (as defined
in section 411(c)), is not required under this title to deter-
mine, verify, or otherwise require proof of eligibility of any
applicant for such benefits.’’.
SEC. 509. GAO STUDY OF PROVISION OF MEANS-TESTED
PUBLIC BENEFITS TO ALIENS WHO ARE NOT
QUALIFIED ALIENS ON BEHALF OF ELIGIBLE
INDIVIDUALS.
Not later than 180 days after the date of the enact-
ment of this Act, the Comptroller General shall submit
to the Committees on the Judiciary of the House of Rep-
resentatives and of the Senate and to the Inspector Gen-
eral of the Department of Justice a report on the extent
to which means-tested public benefits are being paid or
provided to aliens who are not qualified aliens (as defined
in section 431(b) of the Personal Responsibility and Work
1707
Opportunity Reconciliation Act of 1996) in order to pro-
vide such benefits to individuals who are United States
citizens or qualified aliens (as so defined). Such report
shall address the locations in which such benefits are pro-
vided and the incidence of fraud or misrepresentation in
connection with the provision of such benefits.
SEC. 510. TRANSITION FOR ALIENS CURRENTLY RECEIVING
BENEFITS UNDER THE FOOD STAMP PRO-
GRAM.
Effective as if included in the enactment of the Per-
sonal Responsibility and Work Opportunity Reconciliation
Act of 1996, subclause (I) of section 402(a)(2)(D)(ii) (8
U.S.C. 1612(a)(2)(D)(ii)) is amended to read as follows:
‘‘(I) IN GENERAL.—With respect
to the specified Federal program de-
scribed in paragraph (3)(B), ineligibil-
ity under paragraph (1) shall not
apply until April 1, 1997, to an alien
who received benefits under such pro-
gram on the date of enactment of this
Act, unless such alien is determined to
be ineligible to receive such benefits
under the Food Stamp Act of 1977.
The State agency shall recertify the
eligibility of all such aliens during the
1708
period beginning April 1, 1997, and
ending August 22, 1997.’’.
Subtitle B—Public Charge
Exclusion
SEC. 531. GROUND FOR EXCLUSION.
(a) IN GENERAL.—Paragraph (4) of section 212(a)
(8 U.S.C. 1182(a)) is amended to read as follows:
‘‘(4) PUBLIC CHARGE.—
‘‘(A) IN GENERAL.—Any alien who, in the
opinion of the consular officer at the time of
application for a visa, or in the opinion of the
Attorney General at the time of application for
admission or adjustment of status, is likely at
any time to become a public charge is exclud-
able.
‘‘(B) FACTORS
TO
BE
TAKEN
INTO
AC-
COUNT.—(i) In determining whether an alien is
excludable under this paragraph, the consular
officer or the Attorney General shall at a mini-
mum consider the alien’s—
‘‘(I) age;
‘‘(II) health;
‘‘(III) family status;
‘‘(IV) assets, resources, and financial
status; and
1709
‘‘(V) education and skills.
‘‘(ii) In addition to the factors under
clause (i), the consular officer or the Attorney
General may also consider any affidavit of sup-
port under section 213A for purposes of exclu-
sion under this paragraph.
‘‘(C) FAMILY-SPONSORED
IMMIGRANTS.—
Any alien who seeks admission or adjustment of
status under a visa number issued under sec-
tion 201(b)(2) or 203(a) is excludable under
this paragraph unless—
‘‘(i) the alien has obtained—
‘‘(I) status as a spouse or a child
of a United States citizen pursuant to
clause (ii), (iii), or (iv) of section
204(a)(1)(A), or
‘‘(II) classification pursuant to
clause 
(ii) 
or 
(iii) 
of 
section
204(a)(1)(B); or
‘‘(ii) the person petitioning for the
alien’s admission (including any additional
sponsor required under section 213A(f))
has executed an affidavit of support de-
scribed in section 213A with respect to
such alien.
1710
‘‘(D) CERTAIN EMPLOYMENT-BASED IMMI-
GRANTS.—Any alien who seeks admission or ad-
justment of status under a visa number issued
under section 203(b) by virtue of a classifica-
tion petition filed by a relative of the alien (or
by an entity in which such relative has a signifi-
cant ownership interest) is excludable under
this paragraph unless such relative has exe-
cuted an affidavit of support described in sec-
tion 213A with respect to such alien.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to applications submitted on or
after such date, not earlier than 30 days and not later
than 60 days after the date the Attorney General promul-
gates under section 551(c)(2) of this division a standard
form for an affidavit of support, as the Attorney General
shall specify, but subparagraphs (C) and (D) of section
212(a)(4) of the Immigration and Nationality Act, as so
amended, shall not apply to applications with respect to
which an official interview with an immigration officer was
conducted before such effective date.
1711
Subtitle C—Affidavits of Support
SEC. 551. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF
SUPPORT.
(a) IN GENERAL.—Section 213A (8 U.S.C. 1183a),
as inserted by section 423(a) of the Personal Responsibil-
ity and Work Opportunity Reconciliation Act of 1996, is
amended to read as follows:
‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT
‘‘SEC. 213A. (a) ENFORCEABILITY.—
‘‘(1) TERMS
OF
AFFIDAVIT.—No affidavit of
support may be accepted by the Attorney General or
by any consular officer to establish that an alien is
not excludable as a public charge under section
212(a)(4) unless such affidavit is executed by a
sponsor of the alien as a contract—
‘‘(A) in which the sponsor agrees to pro-
vide support to maintain the sponsored alien at
an annual income that is not less than 125 per-
cent of the Federal poverty line during the pe-
riod in which the affidavit is enforceable;
‘‘(B) that is legally enforceable against the
sponsor by the sponsored alien, the Federal
Government, any State (or any political subdivi-
sion of such State), or by any other entity that
provides any means-tested public benefit (as de-
1712
fined in subsection (e)), consistent with the pro-
visions of this section; and
‘‘(C) in which the sponsor agrees to submit
to the jurisdiction of any Federal or State court
for the purpose of actions brought under sub-
section (b)(2).
‘‘(2) PERIOD OF ENFORCEABILITY.—An affida-
vit of support shall be enforceable with respect to
benefits provided for an alien before the date the
alien is naturalized as a citizen of the United States,
or, if earlier, the termination date provided under
paragraph (3).
‘‘(3) TERMINATION OF PERIOD OF ENFORCE-
ABILITY UPON COMPLETION OF REQUIRED PERIOD
OF EMPLOYMENT, ETC.—
‘‘(A) IN GENERAL.—An affidavit of sup-
port is not enforceable after such time as the
alien (i) has worked 40 qualifying quarters of
coverage as defined under title II of the Social
Security Act or can be credited with such quali-
fying quarters as provided under subparagraph
(B), and (ii) in the case of any such qualifying
quarter creditable for any period beginning
after December 31, 1996, did not receive any
Federal means-tested public benefit (as pro-
1719
‘‘(3) ACTIVE DUTY ARMED SERVICES CASE.—
Such term also includes an individual who does not
meet the requirement of paragraph (1)(E) but is on
active duty (other than active duty for training) in
the Armed Forces of the United States, is petition-
ing for the admission of the alien under section 204
as the spouse or child of the individual, and dem-
onstrates (as provided in paragraph (6)) the means
to maintain an annual income equal to at least 100
percent of the Federal poverty line.
‘‘(4) 
CERTAIN
EMPLOYMENT-BASED
IMMI-
GRANTS CASE.—Such term also includes an individ-
ual—
‘‘(A) who does not meet the requirement of
paragraph (1)(D), but is the relative of the
sponsored alien who filed a classification peti-
tion for the sponsored alien as an employment-
based immigrant under section 203(b) or who
has a significant ownership interest in the en-
tity that filed such a petition; and
‘‘(B)(i) who demonstrates (as provided
under paragraph (6)) the means to maintain an
annual income equal to at least 125 percent of
the Federal poverty line, or
1726
member of the spouse’s or parent’s family resid-
ing in the same household as the alien when the
spouse or parent consented or acquiesced to
and the alien did not actively participate in
such battery or cruelty, and the battery or cru-
elty described in clause (i) or (ii) (in the opin-
ion of the agency providing such public benefits,
which opinion is not subject to review by any
court) has a substantial connection to the need
for the public benefits applied for; and
‘‘(B) after a 12 month period (regarding
the batterer’s income and resources only) if the
alien demonstrates that such battery or cruelty
under subparagraph (A) has been recognized in
an order of a judge or administrative law judge
or a prior determination of the Immigration
and Naturalization Service, and that such bat-
tery or cruelty (in the opinion of the agency
providing such public benefits, which opinion is
not subject to review by any court) has a sub-
stantial connection to the need for the benefits.
‘‘(2) LIMITATION.—The exception under para-
graph (1) shall not apply to benefits for an alien
during any period in which the individual responsible
for such battery or cruelty resides in the same