under section 523 of the Housing Act of 1949 (42
U.S.C. 1490c).
(13) The program of site loans under section
524 of the Housing Act of 1949 (42 U.S.C. 1490d).
(b) REGULATIONS.—Not later than January 1, 1995,
the Secretary of Housing and Urban Development shall
issue final regulations to carry out subsection (a).
SEC. 404. SAVE SYSTEM.
There are authorized to be appropriated for each of
the fiscal years 1996, 1997, 1998, 1999, and 2000 such
sums as may be necessary to carry out the purposes of
the automated SAVE system established under section
121 of the Immigration Reform and Control Act of 1986
(Public Law 99–603).
SEC. 405. LIMITATION ON FEDERAL FINANCIAL ASSIST-
ANCE TO LOCALITIES THAT REFUSE TO CO-
OPERATE IN THE ARREST AND DEPORTATION
OF UNLAWFUL ALIENS.
Notwithstanding any other provision of law, Federal
financial assistance shall be reduced by 20 percent to any
local government on and after such date as the Attorney
General certifies that the local government has an official
policy of refusing to cooperate with officers or employees
of the Department of Justice (including the Immigration
and Naturalization Service) with respect to the arrest and
deportation of aliens who are not lawfully present within
the United States. Such reduction in assistance is not re-
imbursable and shall continue for as long as the policy
of noncooperation remains in effect.
SEC. 406. UNIFORM VITAL STATISTICS.
(a) PILOT PROGRAM.—The Secretary of Health and
Human Services shall consult with the State agency re-
sponsible for registration and certification of births and
deaths and, within 3 years of the date of enactment of
this Act, shall establish a pilot program for 3 of the 5
States with the largest number of undocumented aliens
of an electronic network linking the vital statistics records
of such States. The network shall provide, where practical,
for the matching of deaths with births and shall enable
the confirmation of births and deaths of citizens of such
States, or of aliens within such States, by any Federal
or State agency or official in the performance of official
duties. The Secretary and participating State agencies
shall institute measures to achieve uniform and accurate
reporting of vital statistics into the pilot program network,
to protect the integrity of the registration and certification
process, and to prevent fraud against the Government and
other persons through the use of false birth or death cer-
tificates.
(b) REPORT.—Not later than 180 days after the es-
tablishment of the pilot program under subsection (a), the
Secretary shall issue a written report to Congress with rec-
ommendations on how the pilot program could effectively
be instituted as a national network for the United States.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for fiscal year 1996 and
for subsequent fiscal years such sums as may be necessary
to carry out this section.
TITLE V—CRIMINAL ALIENS
SEC. 501. AUTHORIZING REGISTRATION OF ALIENS ON
CRIMINAL PROBATION OR CRIMINAL PA-
ROLE.
Section 263(a) of the Immigration and Nationality
Act (8 U.S.C. 1303(a)) is amended by striking ‘‘and (5)’’
and inserting ‘‘(5) aliens who are or have been on criminal
probation or criminal parole pursuant to the laws of the
United States or of any State, and (6)’’.
SEC. 502. RESTRICTING DEFENSES TO DEPORTATION FOR
CERTAIN CRIMINAL ALIENS.
(a) DEFENSES BASED ON SEVEN YEARS OF PERMA-
NENT RESIDENCE.—The last sentence of section 212(c)
of the Immigration and Nationality Act (8 U.S.C.
1182(c)) is amended by striking out ‘‘has served for such
felony or felonies’’ and all that follows through the period
and inserting in lieu thereof ‘‘has been sentenced for such
felony or felonies to a term of imprisonment of at least
5 years, provided that the time for appealing such convic-
tion or sentence has expired and the sentence has become
final.’’.
(b) DEFENSES BASED ON WITHHOLDING OF DEPOR-
TATION.—Section 243(h)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1253(h)(2)) is amended by—
(1) striking out the final sentence and inserting
in lieu thereof the following new subparagraph:
‘‘(E) the alien has been convicted of an ag-
gravated felony.’’; and
(2) striking out the ‘‘or’’ at the end of subpara-
graph (C) and inserting ‘‘or’’ at the end of subpara-
graph (D).
SEC. 503. MISCELLANEOUS AND TECHNICAL CHANGES.
(a) FORM OF DEPORTATION HEARINGS.—The sec-
ond sentence of section 242(b) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)) is amended by insert-
ing before the period the following: ‘‘; except that nothing
in this subsection shall preclude the Attorney General
from authorizing proceedings by electronic or telephonic
media (with or without the consent of the alien) or, where
waived or agreed to by the parties, in the absence of the
alien.’’.
(b) CONSTRUCTION OF EXPEDITED DEPORTATION
REQUIREMENTS.—No amendment made by this Act shall
be construed to create any right or benefit, substantive
or procedural, which is legally enforceable by any party
against the United States, its agencies, its officers or any
other person.
(c) COLLATERAL ATTACKS ON UNDERLYING DEPOR-
TATION ORDER.—Section 276 of the Immigration and Na-
tionality Act (8 U.S.C. 1326) is amended by inserting
after subsection (b) the following new subsection:
‘‘(c) In any criminal proceeding under this section,
no alien may challenge the validity of the deportation
order described in subsection (a)(1) or subsection (b) un-
less the alien demonstrates—
‘‘(1) that the alien exhausted the administrative
remedies (if any) that may have been available to
seek relief against such order,
‘‘(2) that the deportation proceedings at which
such order was issued improperly deprived the alien
of the opportunity for judicial review, and
‘‘(3) that the entry of such order was fun-
damentally unfair.’’.
SEC. 504. CRIMINAL ALIEN TRACKING CENTER.
(a) OPERATION.—The Commissioner of Immigration
and Naturalization, with the cooperation of the Director
of the Federal Bureau of Investigation and the heads of
other agencies, shall, under the authority of section
242(a)(3)(A) of the Immigration and Nationality Act (8
U.S.C. 1252(a)(3)(A)), operate a criminal alien tracking
center.
(b) PURPOSE.—The criminal alien tracking center
shall be used to assist Federal, State, and local law en-
forcement agencies in identifying and locating aliens who
may be subject to deportation by reason of their conviction
of aggravated felonies.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$2,000,000 for fiscal year 1996 and $5,000,000 for each
of the fiscal years 1997, 1998, 1999, and 2000.
SEC. 505. PRISONER TRANSFER TREATY STUDY.
(a) REPORT TO CONGRESS.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
of State and the Attorney General shall submit to the Con-
gress a report that describes the use and effectiveness of
the Prisoner Transfer Treaty (in this section referred to
as the ‘‘Treaty’’) with Mexico to remove from the United
States aliens who have been convicted of crimes in the
United States.
(b) USE OF TREATY.—The report under subsection
(a) shall include the following information: