(1) by striking ‘‘or’’ at the end of subparagraph
(C),
(2) by striking the comma at the end of sub-
paragraph (D) and inserting ‘‘; or’’,
(3) by inserting after subparagraph (D) the fol-
lowing:
‘‘(E) contracts or agrees with another party for
that party to provide, for employment by the person
or another, an alien who is not authorized to be em-
ployed in the United States, knowing that such
party intends to cause such alien to be brought into
the United States in violation of the laws of the
United States,’’, and
(4) by striking ‘‘five years’’ and inserting ‘‘ten
years’’.
SEC. 204. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN-
VESTIGATIONS.
Section 2516(1) of title 18, United State Code, is
amended—
(1) in paragraph (c) by inserting after ‘‘weap-
ons),’’ the following: ‘‘or a felony violation of section
1028 (relating to production of false identification
documentation), section 1542 (relating to false
statements in passport applications), section 1546
(relating to fraud and misuse of visas, permits, and
other documents),’’;
(2) by striking out ‘‘or’’ after paragraph (l) and
redesignating paragraphs (m), (n), and (o) as para-
graphs (n), (o), and (p), respectively; and
(3) by inserting after paragraph (l) the follow-
ing new paragraph:
‘‘(m) a violation of section 274 of the Immigration
and Nationality Act (8 U.S.C. 1324) (relating to alien
smuggling), of section 277 of the Immigration and Nation-
ality Act (8 U.S.C. 1327) (relating to the smuggling of
aliens convicted of aggravated felonies or of aliens subject
to exclusion on grounds of national security), or of section
278 of the Immigration and Nationality Act (8 U.S.C.
1328) (relating to smuggling of aliens for the purpose of
prostitution or other immoral purpose);’’.
TITLE III—EMPLOYMENT
SEC. 301. IMPROVEMENT OF WORK ELIGIBILITY DOCU-
MENTS.
(a) WORK ELIGIBILITY DOCUMENTS AND VERIFICA-
TION OF ELIGIBILITY TO WORK.—Section 274A(b) of the
Immigration and Nationality Act is amended—
(1) by striking paragraph (1) of subsection (b)
and inserting:
‘‘(1) ATTESTATION AFTER EXAMINATION AND
VERIFICATION OF DOCUMENTATION.—The person or
entity must attest, under penalty or perjury and on
a form designated or established by the Attorney
General by regulation, that it has verified that the
individual is not an unauthorized alien by—
‘‘(A) examining the individual’s Social Se-
curity account number card issued pursuant to
subsection (d)(1), and
‘‘(B) verifying the individual’s Social Secu-
rity account number through the verification
system established pursuant to subsection
(d)(4).’’,
(2) by inserting the following paragraph and re-
designating the subsequent paragraphs accordingly:
‘‘(2) VERIFICATION OF CONTINUED WORK ELI-
GIBILITY
FOR
ALIENS
WITH
LIMITED
WORK
AU-
THORIZATION.—In the case of an alien whose work
authorization has an expiration date, a person or en-
tity who continues to employ such an alien after the
date the employment authorization expires must ver-
ify, through the verification system established pur-
suant to subsection (d)(4), that the alien’s work au-
thorization has been extended.’’, and
(3) by adding at the end the following:
‘‘(7) Notwithstanding any other provision of
law, a person or entity may not be considered to dis-
criminate by requesting the production of the docu-
mentation required under this subsection in the hir-
ing, recruiting, or referring of an individual for em-
ployment in the United States.’’.
(b) EFFECTIVE DATES.—(1) Subsection (a)(1) shall
be effective as of July 1, 1995.
(2) Paragraphs (2) and (3) of subsection (a) shall
be effective upon enactment of this Act.
(c) ENHANCEMENT
OF SOCIAL SECURITY CARDS
AND ESTABLISHMENT OF EMPLOYMENT VERIFICATION
SYSTEM.—Section 274A(d) of the Immigration and Na-
tionality Act is amended to read as follows:
‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.—
‘‘(1) ENHANCEMENT
OF
SOCIAL
SECURITY
CARDS.—
‘‘(A) ISSUANCE OF ENHANCED CARD FOR
CITIZENS.—The Secretary shall cause to be is-
sued enhanced Social Security account number
cards to United States citizens and United
States nationals who are 16 years of age or
older upon application, proof of identity, proof
of citizenship or nationality, and payment of a
reasonable fee.
‘‘(B) ISSUANCE OF ENHANCED CARD FOR
ALIENS.—The Secretary shall cause to be is-
sued enhanced Social Security account number
cards to aliens lawfully admitted for permanent
residence or who are otherwise authorized to
work in the United States and who are 16 years
of age or older upon application, proof of iden-
tity, verification of status by the Immigration
and Naturalization Service, and payment of a
reasonable fee.
‘‘(2) REQUIREMENTS OF NEW CARDS.—(A) The
cards issued pursuant to paragraph (1) shall—
‘‘(i) be uniform in appearance,
‘‘(ii) be as tamper-proof and counterfeit-re-
sistant as is practicable,
‘‘(iii) contain a photograph and such other
identifying information that is specific to each
person as the Secretary shall determine,
‘‘(iv) contain the name, sex, date of birth,
citizenship status, and Social Security account
number of the issuee, and
‘‘(v) incorporate a machine-readable encod-
ing of the information contained in the card.
‘‘(B) The cards issued pursuant to paragraph
(1)(B) to aliens who are not permanent resident
aliens shall indicate whether the work authorization
granted to the alien has an expiration date.
‘‘(3) IMPLEMENTATION.—(A) All Social Secu-
rity account number cards issued after July 1, 1995,
must be issued pursuant to the requirements under
this subsection.
‘‘(B) After July 1, 1995, individuals applying
for employment shall be required to apply for en-
hanced Social Security account cards to be issued
pursuant to paragraph (1).
‘‘(C) By January 1, 1999, all individuals who
are 16 years of age or older and who have a Social
Security account number must apply for Social Se-
curity account number card issued pursuant to para-
graph (1).
‘‘(4) VERIFICATION SYSTEM.—
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the Attorney General, shall make
such modifications and improvements as are
necessary to current data bases and systems to
develop and implement a verification system
that a person or entity can access by telephone
or other electronic means. Such system shall
allow for verification that an individual’s Social
Security account number—
‘‘(i) has been issued,
‘‘(ii) was issued to an individual au-
thorized to work in the United States, and
‘‘(iii) is not a number issued to a de-
ceased individual that has not been re-
issued.
The system shall also provide any other infor-
mation that the Secretary and Attorney General
determine is needed to verify that the number
is a number issued validly to the individual and
that such individual is authorized to work in
the United States.
‘‘(B) ACCESS FEE.—A fee, not to exceed
$2 plus any line charges payable to a telephone
carrier or equivalent entity, shall be charged for
each instance of accessing the verification sys-
tem to pay for the costs of operating the sys-
tem.
‘‘(C) EFFECTIVE DATE.—The verification
system required by this paragraph shall be
operational by July 1, 1995.
‘‘(5) FUNDING OF EMPLOYMENT VERIFICATION
SYSTEM.—
‘‘(A) The amount of the fee that is to be
charged under paragraph (1) shall be the
amount (rounded to the nearest whole dollar),
not exceeding $40, required to cover the costs
of issuing the cards. The Secretary shall pro-
vide for the waiver of any fee for persons un-
able to pay.
‘‘(B) Any costs incurred in developing and
implementing the new Social Security account
number cards and verification system estab-
lished under this subsection that exceed the fees
collected under paragraph (1) shall not be paid
for out of any trust fund established under the
Social Security Act.
‘‘(6) PRIVACY PROTECTIONS.—
‘‘(A) Any personal information utilized by
the system may not be made available to Gov-
ernment agencies, employers, and other persons
except to the extent necessary to verify that an
individual is not an unauthorized alien.
‘‘(B) The system must protect the privacy
and security of personal information and identi-
fiers utilized in the system.
‘‘(C) A verification that an employee or
prospective employee is eligible to be employed
in the United States may not be withheld or re-
voked under the system for any reason other
than that the employee or prospective employee
is an unauthorized alien.
‘‘(D) The system may not be used for law
enforcement purposes, other than for enforce-
ment of this Act or section 1001, 1028, 1546,
and 1621 of title 18, United States Code.
‘‘(E) The cards issued pursuant to this
subsection may not be required to be presented
for any purpose other than under this Act (or
enforcement of sections 1001, 1028, 1546, and
1621 of title 18, United States Code) nor to be
carried on one’s person.
‘‘(F) Unauthorized use or disclosure of the
information or identifiers contained in the em-
ployment verification system shall be punishable
by civil and criminal penalties.
‘‘(7) MONITORING AND IMPROVEMENTS IN SYS-
TEM.—(A) The Attorney General shall provide for
the monitoring and evaluation of the degree to which
the employment verification system established
under subsection (b) provides a secure system to de-
termine employment eligibility in the United States.
‘‘(B) To the extent that the system established
under this subsection and subsection (b) is found
not to be a secure system to determine employment
eligibility in the United States, the Attorney General
shall recommend such changes in (including addi-
tions to) the system as may be necessary to establish
such a system.
‘‘(8) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) the term ‘Secretary’ means the Sec-
retary of Health and Human Services, and
‘‘(B) the term ‘State’ means one of the
United States, the District of Columbia, or
Puerto Rico.’’.
(d) CONFORMING AMENDMENTS.—(1) Section 274A
of the Immigration and Nationality Act is amended—
(A) in subsection (b), by striking ‘‘following
three paragraphs’’ and inserting ‘‘following four
paragraphs’’, and
(B) by striking subsections (i), (j), (k), (l), (m),
and (n).
(2) This subsection shall be effective on July 1, 1995.
SEC. 302. IMMIGRATION AND NATURALIZATION SERVICE
INVESTIGATORS.
In addition to such amounts as are otherwise author-
ized to be appropriated, there is authorized to be appro-
priated for each of the fiscal years 1995, 1996, 1997,
1998, and 1999 for salaries and expenses of the Immigra-
tion and Naturalization Service such amounts as may be
necessary to provide for an increase in the number of in-
vestigators of the Immigration and Naturalization Service
by 1,000 full-time equivalent investigator positions (and
such support personnel as are necessary) beyond the num-
ber of such positions authorized as of October 1, 1993.
TITLE IV—GOVERNMENT
BENEFITS
SEC. 401. PROHIBITION OF BENEFITS FOR CERTAIN CAT-
EGORIES OF ALIENS.
(a) DIRECT FEDERAL FINANCIAL BENEFITS.—Sub-
ject to subsection (b) and the Immigration and Nationality
Act, and notwithstanding any other provision of law, an
alien not lawfully within the United States as a permanent
resident, a refugee, an asylee, or a parolee is not eligible
for any direct Federal financial benefit or social insurance
benefit (whether through grant, loan, guarantee, or other-
wise) as such benefits are identified by the Attorney Gen-
eral in consulation with other appropriate heads of the
various departments and agencies of the Federal Govern-
ment.
(b) EMERGENCY MEDICAL CARE.—Subsection (a)
shall not apply with respect to the Federal reimbursement
of emergency medical care for aliens, as determined by the
Secretary of Health and Human Services by regulation.
SEC. 402. UNEMPLOYMENT BENEFITS.
(a) An alien who has not been granted employment
authorization pursuant to the Immigration and National-
ity Act or other Federal law shall be ineligible for unem-
ployment compensation under an unemployment com-
pensation law of a State or the United States.
(b) An alien granted temporary work authorization
shall be eligible only for unemployment compensation
under an employment compensation law of a State or the
United States that accrued during such time as the alien
was authorized to work.
SEC. 403. HOUSING BENEFITS.
(a) LIMITATION.—Notwithstanding section 401 or
any other provision of law, no alien who is not a perma-
nent resident, a refugee, an asylee, or a parolee shall be
eligible for benefits under the following provisions of law:
(1) The program of rental assistance on behalf
of low-income families provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C.
1437f).
(2) The program of assistance to public housing
under title I of the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.).
(3) The loan program under section 502 of the
Housing Act of 1949 (42 U.S.C. 1472).
(4) The program of interest reduction payments
pursuant to contracts entered into by the Secretary
of Housing and Urban Development under section
236 of the National Housing Act (12 U.S.C. 1715z–
1).
(5) The program of loans for rental and cooper-
ative housing under section 515 of the Housing Act
of 1949 (42 U.S.C. 1485).
(6) The program of rental assistance payments
pursuant to contracts entered into under section
521(a)(2)(A) of the Housing Act of 1949 (42 U.S.C.
1490a(a)(2)(A)).
(7) The program of assistance payments on be-
half of homeowners under section 235 of the Na-
tional Housing Act (12 U.S.C. 1715z).
(8) The program of rent supplement payments
on behalf of qualified tenants pursuant to contracts
entered into under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s).
(9) The loan and grant programs under section
504 of the Housing Act of 1949 (42 U.S.C. 1474)
for repairs and improvements to rural dwellings.
(10) The loan and assistance programs under
sections 514 and 516 of the Housing Act of 1949
(42 U.S.C. 1484, 1486) for housing for farm labor.
(11) The program of grants for preservation
and rehabilitation of housing under section 533 of
the Housing Act of 1949 (42 U.S.C. 1490m).
(12) The program of grants and loans for mu-
tual and self-help housing and technical assistance
under section 523 of the Housing Act of 1949 (42
U.S.C. 1490c).
(13) The program of site loans under section
524 of the Housing Act of 1949 (42 U.S.C. 1490d).
(b) REGULATIONS.—Not later than January 1, 1995,
the Secretary of Housing and Urban Development shall
issue final regulations to carry out subsection (a).
SEC. 404. SAVE SYSTEM.
There are authorized to be appropriated for each of
the fiscal years 1995, 1996, 1997, 1998, and 1999 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 1994 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. EXPANSION IN DEFINITION OF ‘‘AGGRAVATED
FELONY’’.
(a) EXPANSION IN DEFINITION.—Section 101(a)(43)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)) is amended to read as follows:
‘‘(43) The term ‘aggravated felony’ means—
‘‘(A) murder;
‘‘(B) any illicit trafficking in any con-
trolled substance (as defined in section 102 of
the Controlled Substances Act), including any
drug trafficking crime as defined in section
924(c) of title 18, United States Code;
‘‘(C) any illicit trafficking in any firearms
or destructive devices as defined in section 921
of title 18, United States Code, or in explosive
materials as defined in section 841(c) of title
18, United States Code;
‘‘(D) any offense described in sections
1951 through 1963 of title 18, United States
Code;
‘‘(E) any offense described in—
‘‘(i) subsections (h) or (i) of section
842, title 18, United States Code, or sub-
section (d), (e), (f), (g), (h), or (i) of sec-
tion 844 of title 18, United States Code
(relating to explosive materials offenses),
‘‘(ii) paragraph (1), (2), (3), (4), or
(5) of section 922(g), or section 922(j),
section 922(n), section 922(o), section
922(p), section 922(r), section 924(b), or
section 924(h) of title 18, United States
Code (relating to firearms offenses), or
‘‘(iii) section 5861 of title 26, United
States Code (relating to firearms offenses);
‘‘(F) any crime of violence (as defined in
section 16 of title 18, United States Code, not
including a purely political offense) for which
the term of imprisonment imposed (regardless
of any suspension of such imprisonment) is at
least 5 years;
‘‘(G) any theft offense (including receipt of
stolen property) or any burglary offense, where
a sentence of 5 years imprisonment or more
may be imposed;
‘‘(H) any offense described in section 875,
section 876, section 877, or section 1202 of
title 18, United States Code (relating to the de-
mand for or receipt of ransom);
‘‘(I) any offense described in section 2251,
section 2251A or section 2252 of title 18,
United States Code (relating to child pornog-
raphy);
‘‘(J) any offense described in section 1084
of title 18, United States Code, where a sen-
tence of 5 years imprisonment or more may be
imposed;
‘‘(K) any offense relating to commercial
bribery, counterfeiting, forgery or trafficking in
vehicles whose identification numbers have been
altered, where a sentence of 5 years imprison-
ment or more may be imposed;
‘‘(L) any offense—
‘‘(i) relating to the owning, control-
ling, managing or supervising of a pros-
titution business,
‘‘(ii) 
described 
in 
section 
2421
through 2424 of title 18, United States
Code, for commercial advantage, or
‘‘(iii) described in sections 1581
through 1585, or section 1588, of title 18,
United States Code (relating to peonage,
slavery, and involuntary servitude);
‘‘(M) any offense relating to perjury or
subornation of perjury where a sentence of 5
years imprisonment or more may be imposed;
‘‘(N) any offense described in—
‘‘(i) section 793 (relating to gathering
or transmitting national defense informa-
tion), section 798 (relating to disclosure of
classified information), section 2153 (relat-
ing to sabotage) or section 2381 or section
2382 (relating to treason) of title 18,
United States Code, or
‘‘(ii) section 421 of title 50, United
States Code (relating to protecting the
identity of undercover intelligence agents);
‘‘(O) any offense—
‘‘(i) involving fraud or deceit where
the loss to the victim or victims exceeded
$200,000; or
‘‘(ii) described in section 7201 of title
26, United States Code (relating to tax
evasion), where the tax loss to the Govern-
ment exceeds $200,000;
‘‘(P) any offense described in section
274(a)(1) of the Immigration and Nationality
Act (relating to alien smuggling) for the pur-
pose of commercial advantage;
‘‘(Q) any violation of section 1546(a) of
title 18, United States Code (relating to docu-
ment fraud), for the purpose of commercial ad-
vantage; or
‘‘(R) any offense relating to failing to ap-
pear before a court pursuant to a court order
to answer to or dispose of a charge of a felony,
where a sentence of 2 years or more may be im-
posed;
or any attempt or conspiracy to commit any such
act. Such term applies to offenses described in this
paragraph whether in violation of Federal or State
law and applies to such offenses in violation of the
laws of a foreign country for which the term of im-
prisonment was completed within the previous 15
years.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply to all convictions entered before,
on, or after the date of enactment of this Act.
SEC. 
503. 
DEPORTATION 
PROCEDURES 
FOR 
CERTAIN
CRIMINAL ALIENS WHO ARE NOT PERMA-
NENT RESIDENTS.
(a) ELIMINATION OF ADMINISTRATIVE HEARING FOR
CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi-
gration and Nationality Act (8 U.S.C. 1252a) is amended
by adding at the end the following:
‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PER-
MANENT RESIDENTS.—
‘‘(1) Notwithstanding section 242, and subject
to paragraph (5), the Attorney General may issue a
final order of deportation against any alien described
in paragraph (2) whom the Attorney General deter-
mines 
to 
be 
deportable 
under 
section
241(a)(2)(A)(iii) (relating to conviction of an aggra-
vated felony).
‘‘(2) An alien is described in this paragraph if
the alien—
‘‘(A) was not lawfully admitted for perma-
nent residence at the time that proceedings
under this section commenced, or
‘‘(B) had permanent resident status on a
conditional basis (as described in section 216)
at the time that proceedings under this section
commenced.
‘‘(3) The Attorney General may delegate the
authority in this section to the Commissioner or to
any District Director of the Service.
‘‘(4) No alien described in this section shall be
eligible for—
‘‘(A) any relief from deportation that the
Attorney General may grant in his discretion,
or
‘‘(B) relief under section 243(h).
‘‘(5) The Attorney General may not execute any
order described in paragraph (1) until 14 calendar
days have passed from the date that such order was
issued, in order that the alien has an opportunity to
apply for judicial review under section 106.’’.
(b) LIMITED JUDICIAL REVIEW.—Section 106 of the
Immigration and Nationality Act (8 U.S.C. 1105a) is
amended—
(1) in the first sentence of subsection (a), by in-
serting ‘‘or pursuant to section 242A’’ after ‘‘under
section 242(b)’’;
(2) in subsection (a)(1) and subsection (a)(3),
by inserting ‘‘(including an alien described in section
242A)’’ after ‘‘aggravated felony’’; and
(3) by adding at the end the following new sub-
section:
‘‘(d) Notwithstanding subsection (c), a petition for
review or for habeas corpus on behalf of an alien described
in section 242A(c) may only challenge whether the alien
is in fact an alien described in such section, and no court
shall have jurisdiction to review any other issue.’’.
(c) TECHNICAL AND CONFORMING CHANGES.—Sec-
tion 242A of the Immigration and Nationality Act (8
U.S.C. 1252a) is amended as follows:
(1) In subsection (a)—
(A) by striking ‘‘(a) IN GENERAL.—’’ and
inserting ‘‘(b) DEPORTATION OF PERMANENT
RESIDENT ALIENS.—(1) IN GENERAL.—’’; and
(B) by inserting in the first sentence ‘‘per-
manent resident’’ after ‘‘correctional facilities
for’’;
(2) In subsection (b)—
(A) by striking ‘‘(b) IMPLEMENTATION.—’’
and inserting ‘‘(2) IMPLEMENTATION.—’’; and
(B) by striking ‘‘respect to an’’ and insert-
ing ‘‘respect to a permanent resident’’;
(3) By striking out subsection (c);
(4) In subsection (d)—
(A) by striking ‘‘(d) EXPEDITED PRO-
CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE-
DITED PROCEEDINGS.—(A)’’;
(B) by inserting ‘‘permanent resident’’
after ‘‘in the case of any’’; and
(C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;
(5) In subsection (e)—
(A) by striking ‘‘(e) REVIEW.—(1)’’ and
inserting ‘‘(4) REVIEW.—(A)’’;
(B) by striking the second sentence; and
(C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;
(6) By inserting after the section heading the
following new subsection:
‘‘(a) PRESUMPTION OF DEPORTABILITY.—An alien
convicted of an aggravated felony shall be conclusively pre-
sumed to be deportable from the United States.’’; and
(7) The heading of such section is amended to
read as follows:
‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF
COMMITTING AGGRAVATED FELONIES’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to all aliens against whom deporta-
tion proceedings are initiated after the date of enactment
of this Act.
SEC. 504. JUDICIAL DEPORTATION.
(a) JUDICIAL DEPORTATION.—Section 242A of the
Immigration and Nationality Act (8 U.S.C. 1252a) is
amended by inserting at the end the following new sub-
section:
‘‘(d) JUDICIAL DEPORTATION.—
‘‘(1) AUTHORITY.—Notwithstanding any other
provision of this Act, a United States district court
shall have jurisdiction to enter a judicial order of de-
portation at the time of sentencing against an alien
whose criminal conviction causes such alien to be de-
portable under section 241(a)(2)(A)(iii) (relating to
conviction of an aggravated felony), if such an order
has been requested prior to sentencing by the United
States Attorney with the concurrence of the Com-
missioner.
‘‘(2) PROCEDURE.—
‘‘(A) The United States Attorney shall pro-
vide notice of intent to request judicial deporta-
tion promptly after the entry in the record of
an adjudication of guilt or guilty plea. Such no-
tice shall be provided to the court, to the alien,
and to the alien’s counsel of record.
‘‘(B) Notwithstanding section 242B, the
United States Attorney, with the concurrence of
the Commissioner, shall file at least 20 days
prior to the date set for sentencing a charge
containing factual allegations regarding the
alienage of the defendant and satisfaction by
the defendant of the definition of aggravated
felony.
‘‘(C) If the court determines that the de-
fendant has presented substantial evidence to
establish prima facie eligibility for relief from
deportation under section 212(c), the Commis-
sioner shall provide the court with a rec-
ommendation and report regarding the alien’s
eligibility for relief under such section. The
court shall either grant or deny the relief
sought.
‘‘(D)(i) The alien shall have a reasonable
opportunity to examine the evidence against
him or her, to present evidence on his or her
own behalf, and to cross-examine witnesses pre-
sented by the Government.
‘‘(ii) The court, for the purposes of deter-
mining whether to enter an order described in
paragraph (1), shall only consider evidence that
would be admissible in proceedings conducted
pursuant to section 242(b).
‘‘(iii) Nothing in this subsection shall limit
the information a court of the United States
may receive or consider for the purposes of im-
posing an appropriate sentence.
‘‘(iv) The court may order the alien de-
ported if the Attorney General demonstrates by
clear and convincing evidence that the alien is
deportable under this Act.
‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JU-
DICIAL ORDER OF DEPORTATION.—
‘‘(A)(i) A judicial order of deportation or
denial of such order may be appealed by either
party to the court of appeals for the circuit in
which the district court is located.
‘‘(ii) Except as provided in clause (iii),
such appeal shall be considered consistent with
the requirements described in section 106.
‘‘(iii) Upon execution by the defendant of
a valid waiver of the right to appeal the convic-
tion on which the order of deportation is based,
the expiration of the period described in section
106(a)(1), or the final dismissal of an appeal
from such conviction, the order of deportation
shall become final and shall be executed at the
end of the prison term in accordance with the
terms of the order.
‘‘(B) As soon as is practicable after entry
of a judicial order of deportation, the Commis-
sioner shall provide the defendant with written
notice of the order of deportation, which shall
designate the defendant’s country of choice for
deportation and any alternate country pursuant
to section 243(a).
‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial of a
request for a judicial order of deportation shall not
preclude the Attorney General from initiating depor-
tation proceedings pursuant to section 242 upon the
same ground of deportability or upon any other
ground of deportability provided under section
241(a).’’.
(b) TECHNICAL AND CONFORMING CHANGES.—The
ninth sentence of section 242(b) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)) is amended by striking
out ‘‘The’’ and inserting in lieu thereof, ‘‘Except as pro-
vided in section 242A(d), the’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to all aliens whose adjudication of
guilt or guilty plea is entered in the record after the date
of enactment of this Act.
SEC. 505. 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. 506. ENHANCING PENALTIES FOR FAILING TO DE-
PART, OR REENTERING, AFTER FINAL ORDER
OF DEPORTATION.
(a) FAILURE TO DEPART.—Section 242(e) of the Im-
migration and Nationality Act (8 U.S.C. 1252(e)) is
amended—
(1) by striking out ‘‘paragraph (2), (3), or 4
of’’ the first time it appears, and
(2) by striking out ‘‘shall be imprisoned not
more than ten years’’ and inserting in lieu thereof,
‘‘shall be imprisoned not more than two years, or
shall be imprisoned not more than ten years if the
alien is a member of any of the classes described in
paragraph (2), (3), or (4) of section 241(a).’’.
(b) REENTRY.—Section 276(b) of the Immigration
and Nationality Act (8 U.S.C. 1326(b)) is amended—
(1) in paragraph (1), by (A) inserting after
‘‘commission of’’ the following: ‘‘three or more mis-
demeanors or’’, and (B) striking out ‘‘5’’ and insert-
ing in lieu thereof ‘‘10’’,
(2) in paragraph (2), by striking out ‘‘15’’ and
inserting in lieu thereof ‘‘20’’, and
(3) by adding at the end the following sentence:
‘‘For the purposes of this subsection, the term ‘depor-
tation’ shall include any agreement where an alien stipu-
lates to deportation during a criminal trial under either
Federal or State law.’’.
(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. 507. 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 and
nothing in section 242(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1252(i)), 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.
SEC. 508. 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 1995 and $5,000,000 for each
of the fiscal years 1996, 1997, 1998, and 1999.
SEC. 509. 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:
(1) The number of aliens convicted of a crimi-
nal offense in the United States since November 30,
1977, who would have been or are eligible for trans-
fer pursuant to the Treaty.
(2) The number of aliens described in para-
graph (1) who have been transferred pursuant to the
Treaty.
(3) The number of aliens described in para-
graph (2) who have been incarcerated in full compli-
ance with the Treaty.
(4) The number of aliens who are incarcerated
in a penal institution in the United States who are
eligible for transfer pursuant to the Treaty.
(5) The number of aliens described in para-
graph (4) who are incarcerated in State and local
penal institutions.
(c) EFFECTIVENESS OF TREATY.—The report under
subsection (a) shall include the recommendations of the
Secretary of State and the Attorney General to increase
the effectiveness and use of, and full compliance with, the
Treaty. In considering the recommendations under this
subsection, the Secretary and the Attorney General shall
consult with such State and local officials in areas dis-
proportionately impacted by aliens convicted of criminal
offenses as the Secretary and the Attorney General con-
sider appropriate. Such recommendations shall address
the following areas:
(1) Changes in Federal laws, regulations, and
policies affecting the identification, prosecution, and
deportation of aliens who have committed a criminal
offense in the United States.
(2)Changes in State and local laws, regulations,
and policies affecting the identification, prosecution,
and deportation of aliens who have committed a
criminal offense in the United States.
(3) Changes in the Treaty that may be nec-
essary to increase the number of aliens convicted of
crimes who may be transferred pursuant to the
Treaty.
(4) Methods for preventing the unlawful re-
entry into the United States of aliens who have been
convicted of criminal offenses in the United States
and transferred pursuant to the Treaty.
(5) Any recommendations of appropriate offi-
cials of the Mexican Government on programs to
achieve the goals of, and ensure full compliance
with, the Treaty.
(6) An assessment of whether the recommenda-
tions under this subsection require the renegotiation
of the Treaty.
(7) The additional funds required to implement
each recommendation under this subsection.
SEC. 510. EXPEDITING CRIMINAL ALIEN DEPORTATION AND
EXCLUSION.
(a) CONVICTED DEFINED.—Section 241(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1251(a)(2))
is amended by adding at the end the following new sub-
paragraph:
‘‘(E) CONVICTED DEFINED.—In this para-
graph, the term ‘convicted’ means a judge or
jury has found the alien guilty or the alien has
entered a plea of guilty or nolo contendere,
whether or not the alien appeals therefrom.’’.
(b) DEPORTATION OF CONVICTED ALIENS.—
(1) IMMEDIATE DEPORTATION.—Section 242(h)
of such Act (8 U.S.C. 1252(h)) is amended—
(A) by striking ‘‘(h) An alien’’ and insert-
ing ‘‘(h)(1) Subject to paragraph (2), an alien’’;
and
(B) by adding at the end the following new
paragraph:
‘‘(2) An alien sentenced to imprisonment may be de-
ported prior to the termination of such imprisonment by
the release of the alien from confinement, if the Service
petitions the appropriate court or other entity with author-
ity concerning the alien to release the alien into the cus-
tody of the Service for execution of an order of deporta-
tion.’’.
(2) PROHIBITION
OF
REENTRY
INTO
THE
UNITED STATES.—Section 212(a)(2) of such Act (8
U.S.C. 1182(a)(2)) is amended—
(A) by redesignating subparagraph (F) as
subparagraph (G); and
(B) by inserting after subparagraph (E)
the following new subparagraph:
‘‘(F) ALIENS DEPORTED BEFORE SERVING
MINIMUM PERIOD OF CONFINEMENT.—In addi-
tion to any other period of exclusion which may
apply an alien deported pursuant to section
242(h)(2) is excludable during the minimum pe-
riod of confinement to which the alien was sen-
tenced.’’.
(c) EXECUTION OF DEPORTATION ORDERS.—Section
242(i) of such Act (8 U.S.C. 1252(i)) is amended by add-
ing at the end the following: ‘‘An order of deportation may
not be executed until all direct appeals relating to the con-
viction which is the basis of the deportation order have
been exhausted.’’.
TITLE VI—TERRORIST ALIENS
SEC. 601. REMOVAL OF ALIEN TERRORISTS.
The Immigration and Nationality Act (8 U.S.C. 1101
et seq.) is amended by inserting the following new section:
‘‘REMOVAL OF ALIEN TERRORISTS
‘‘SEC. 242C. (a) DEFINITIONS.—As used in this sec-
tion—
‘‘(1) the term ‘alien terrorist’ means any alien
described in section 241(a)(4)(B);
‘‘(2) the term ‘classified information’ has the
same meaning as defined in section 1(a) of the Clas-
sified Information Procedures Act (18 U.S.C. App.
IV);
‘‘(3) the term ‘national security’ has the same
meaning as defined in section 1(b) of the Classified
Information Procedures Act (18 U.S.C. App. IV);
‘‘(4) the term ‘special court’ means the court
described in subsection (c) of this section; and
‘‘(5) the term ‘special removal hearing’ means
the hearing described in subsection (e) of this sec-
tion.
‘‘(b) APPLICATION FOR USE OF PROCEDURES.—The
provisions of this section shall apply whenever the Attor-
ney General certifies under seal to the special court that—
‘‘(1) the Attorney General or Deputy Attorney
General has approved of the proceeding under this
section;
‘‘(2) an alien terrorist is physically present in
the United States; and
‘‘(3) removal of such alien terrorist by deporta-
tion proceedings described in sections 242, 242A, or
242B would pose a risk to the national security of
the United States because such proceedings would
disclose classified information.
‘‘(c) SPECIAL COURT.—(1) The Chief Justice of the
United States shall publicly designate up to 7 judges from
up to 7 United States judicial districts to hear and decide
cases arising under this section, in a manner consistent
with the designation of judges described in section 103(a)
of the Foreign Intelligence Surveillance Act (50 U.S.C.
1803(a)).
‘‘(2) The Chief Justice may, in the Chief Justice’s
discretion, designate the same judges under this section
as are designated pursuant to 50 U.S.C. 1803(a).
‘‘(d) INVOCATION
OF
SPECIAL
COURT
PROCE-
DURE.—(1) When the Attorney General makes the appli-
cation described in subsection (b), a single judge of the
special court shall consider the application in camera and
ex parte.
‘‘(2) The judge shall invoke the procedures of sub-
section (e), if the judge determines that there is probable
cause to believe that—
‘‘(A) the alien who is the subject of the applica-
tion has been correctly identified;
‘‘(B) a deportation proceeding described in sec-
tions 242, 242A, or 242B would pose a risk to the
national security of the United States because such
proceedings would disclose classified information;
and
‘‘(C) the threat posed by the alien’s physical
presence is immediate and involves the risk of death
or serious bodily harm.
‘‘(e) SPECIAL REMOVAL HEARING.—(1) Except as
provided in paragraph (4), the special removal hearing au-
thorized by a showing of probable cause described in sub-
section (d)(2) shall be open to the public.
‘‘(2) The alien shall have a right to be present at such
hearing and to be represented by counsel. Any alien finan-
cially unable to obtain counsel shall be entitled to have
counsel assigned to represent such alien. Counsel may be
appointed as described in section 3006A of title 18, United
States Code.
‘‘(3) The alien shall have a right to introduce evi-
dence on his own behalf, and except as provided in para-
graph (4), shall have a right to cross-examine any witness
or request that the judge issue a subpoena for the pres-
ence of a named witness.
‘‘(4) The judge shall authorize the introduction in
camera and ex parte of any item of evidence for which
the judge determines that public disclosure would pose a
risk to the national security of the United States because
it would disclose classified information.
‘‘(5) With respect to any evidence described in para-
graph (4), the judge shall cause to be delivered to the alien
either—
‘‘(A)(i) the substitution for such evidence of a
statement admitting relevant facts that the specific
evidence would tend to prove, or (ii) the substitution
for such evidence of a summary of the specific evi-
dence; or
‘‘(B) if disclosure of even the substituted evi-
dence described in subparagraph (A) would create a
substantial risk of death or serious bodily harm to
any person, a statement informing the alien that no
such summary is possible.
‘‘(6) If the judge determines—
‘‘(A) that the substituted evidence described in
paragraph (4)(B) will provide the alien with sub-
stantially the same ability to make his defense as
would disclosure of the specific evidence, or
‘‘(B) that disclosure of even the substituted evi-
dence described in paragraph (5)(A) would create a
substantial risk of death or serious bodily harm to
any person,
then the determination of deportation (described in sub-
section (f)) may be made pursuant to this section.
‘‘(f) DETERMINATION OF DEPORTATION.—(1) If the
determination in subsection (e)(6)(A) has been made, the
judge shall, considering the evidence on the record as a
whole, require that the alien be deported if the Attorney
General proves, by clear and convincing evidence, that the
alien is subject to deportation because he is an alien as
described in section 241(a)(4)(B).
‘‘(2) If the determination in subsection (e)(6)(B) has
been made, the judge shall, considering the evidence re-
ceived (in camera and otherwise), require that the alien
be deported if the Attorney General proves, by clear, con-
vincing, and unequivocal evidence, that the alien is subject
to deportation because he is an alien as described in sec-
tion 241(a)(4)(B).
‘‘(g) APPEALS.—(1) The alien may appeal a deter-
mination under subsection (f) to the court of appeals for
the Federal Circuit, by filing a notice of appeal with such
court within 20 days of the determination under such sub-
section.
‘‘(2)(A) The Attorney General may appeal a deter-
mination under subsection (d), (e), or (f) to the court of
appeals for the Federal Circuit, by filing a notice of appeal
with such court within 20 days of the determination under
any one of such subsections.
‘‘(B) When requested by the Attorney General, the
entire record of the proceeding under this section shall be
transmitted to the court of appeals under seal. If the At-
torney General is appealing a determination under sub-
section (d) or (e), the court of appeals shall consider such
appeal in camera and ex parte.’’.
SEC. 602. MEMBERSHIP IN A TERRORIST ORGANIZATION AS
A BASIS FOR EXCLUSION FROM THE UNITED
STATES UNDER THE IMMIGRATION AND NA-
TIONALITY ACT.
Section 212(a)(3)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(B)) is amended—
(1) in clause (i)(II) by inserting ‘‘or’’ at the
end;
(2) by adding after clause (i)(II) the following:
‘‘(III) is a member of an organi-
zation that engages in, or has engaged
in, terrorist activity or who actively
supports or advocates terrorist activ-
ity,’’; and
(3) by adding after clause (iii) the following:
‘‘(iv) TERRORIST ORGANIZATION DE-
FINED.—As used in this Act, the term ‘ter-
rorist organization’ means an organization
which commits terrorist activity as deter-
mined by the Attorney General, in con-
sultation with the Secretary of State.’’.
TITLE VII—INSPECTIONS
SEC. 701. PREINSPECTION AT FOREIGN AIRPORTS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 235 the following
new section:
‘‘PREINSPECTION AT FOREIGN AIRPORTS
‘‘SEC. 
235A. 
(a) 
ESTABLISHMENT
OF
PREINSPECTION STATIONS.—(1) Subject to paragraph
(4), not later than 2 years after the date of the enactment
of this section, the Attorney General, in consultation with
the Secretary of State, shall establish and maintain
preinspection stations in at least 5 of the foreign airports
that are among the 10 foreign airports which the Attorney
General identifies as serving as last points of departure
for the greatest numbers of passengers who arrive from
abroad by air at ports of entry within the United States.
Such preinspection stations shall be in addition to any
preinspection stations established prior to the date of the
enactment of this section.
‘‘(2) Not later than November 1, 1994, and each sub-
sequent November 1, the Attorney General shall compile
data identifying—
‘‘(A) the foreign airports which served as last
points of departure for aliens who arrived by air at
United States ports of entry without valid docu-
mentation during the preceding fiscal years,
‘‘(B) the number and nationality of such aliens
arriving from each such foreign airport, and
‘‘(C) the primary routes such aliens followed
from their country of origin to the United States.
‘‘(3) Subject to paragraph (4), not later than 4 years
after the date of enactment of this section, the Attorney
General, in consultation with the Secretary of State, shall
establish preinspection stations in at least 5 additional for-
eign airports which the Attorney General, in consultation
with the Secretary of State, determines based on the data
compiled under paragraph (2) and such other information
as may be available would most effectively reduce the
number of aliens who arrive from abroad by air at points
of entry within the United States without valid docu-
mentation. Such preinspection stations shall be in addition
to those established prior to or pursuant to paragraph (1).
‘‘(4) Prior to the establishment of a preinspection
station the Attorney General, in consultation with the Sec-
retary of State, shall ensure that—
‘‘(A) employees of the United States stationed
at the preinspection station and their accompanying
family members will receive appropriate protection,
‘‘(B) such employees and their families will not
be subject to unreasonable risks to their welfare and
safety, and
‘‘(C) the country in which the preinspection sta-
tion is to be established maintains practices and pro-
cedures with respect to asylum seekers and refugees
in accordance with the Convention Relating to the
Status of Refugees (done at Geneva, July 28, 1951),
or the Protocol Relating to the Status of Refugees
(done at New York, January 31, 1967).
‘‘(b) ESTABLISHMENT
OF CARRIER CONSULTANT
PROGRAM.—The Attorney General shall assign additional
immigration officers to assist air carriers in the detection
of fraudulent documents at foreign airports which, based
on the records maintained pursuant to subsection (a)(2),
served as a point of departure for a significant number
of arrivals at United States ports of entry without valid
documentation, but where no preinspection station exists.
‘‘(c) CLERICAL AMENDMENT.—The table of contents
is amended by inserting after the item relating to section
235 the following new item:
‘‘Sec. 235A. Preinspection at foreign airports.’’.
SEC. 702. TRAINING OF AIRLINE PERSONNEL IN DETEC-
TION OF FRAUDULENT DOCUMENTS.
(a) USE OF FUNDS.—Section 286(h)(2)(A) (8 U.S.C.
1356(h)(2)(A)) is amended—
(1) in clause (iv), by inserting ‘‘, including
training of, and technical assistance to, commercial
airline personnel on such detection’’ after ‘‘United
States’’, and
(2) by adding at the end the following:
‘‘The Attorney General shall provide for expenditures for
training and assistance described in clause (iv) in an
amount, for any fiscal year, not less than 5 percent of
the total of the expenses incurred that are described in
the previous sentence.’’.
(b) 
COMPLIANCE
WITH
DETECTION
REGULA-
TIONS.—Section 212(f) (8 U.S.C. 1182(f)) is amended by
adding at the end the following: ‘‘Whenever the Attorney
General finds that a commercial airline has failed to com-
ply with regulations of the Attorney General relating to
requirements of airlines for the detection of fraudulent
documents used by passengers traveling to the United
States (including the training of personnel in such detec-
tion), the Attorney General may suspend the entry of some
or all aliens transported to the United States by such air-
line.’’.
(c) EFFECTIVE DATES.—
(1) The amendments made by subsection (a)
shall apply to expenses incurred during or after fis-
cal year 1994.
(2) The Attorney General shall first issue, in
proposed form, regulations referred to in the second
sentence of section 212(f) of the Immigration and
Nationality Act, as added by the amendment made
by subsection (b), by not later than 90 days after
the date of the enactment of this Act.
SEC. 703. PASSPORT AND VISA OFFENSES PENALTIES IM-
PROVEMENT.
(a) IN GENERAL.—Chapter 75 of title 18, United
States Code, is amended—
(1) in section 1541, by striking ‘‘not more than
$500 or imprisoned not more than one year’’ and in-
serting ‘‘under this title or imprisoned not more
than 10 years’’;
(2) in each of sections 1542, 1543, and 1544,
by striking ‘‘not more than $2,000 or imprisoned
not more than five years’’ and inserting ‘‘under this
title or imprisoned not more than 10 years’’;
(3) in section 1545, by striking ‘‘not more than
$2,000 or imprisoned not more than three years’’
and inserting ‘‘under this title or imprisoned not
more than 10 years’’;
(4) in section 1546(a), by striking ‘‘five years’’
and inserting ‘‘10 years’’;
(5) in section 1546(b), by striking ‘‘in accord-
ance with this title, or imprisoned not more than two
years’’ and inserting ‘‘under this title or imprisoned
not more than 10 years’’; and
(6) by adding at the end the following:
‘‘§ 1547. Alternative imprisonment maximum for cer-
tain offenses
‘‘Notwithstanding any other provision of this title,
the maximum term of imprisonment that may be imposed
for an offense under this chapter (other than an offense
under section 1545)—
‘‘(1) if committed to facilitate a drug traffick-
ing crime (as defined in 929(a) of this title) is 15
years; and
‘‘(2) if committed to facilitate an act of inter-
national terrorism (as defined in section 2331 of this
title) is 20 years.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 75 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘1547. Alternative imprisonment maximum for certain offenses.’’.
(c) ASSET FORFEITURE.—Section 981(a)(1) of title
18, United States Code, is amended by inserting after sub-
paragraph (F) the following:
‘‘(G) Any property used in committing an of-
fense under section 1543 or 1546 of this title or for
which the maximum authorized imprisonment is set
by section 1547 of this title.’’.
TITLE VIII—ASYLUM
SEC. 801. INSPECTION AND EXCLUSION BY IMMIGRATION
OFFICERS.
(a) IN
GENERAL.—Section 235(b) (8 U.S.C.
1225(b)) is amended to read as follows:
‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION
OFFICERS.—
‘‘(1) An immigration officer shall inspect each
alien who is seeking entry to the United States.
‘‘(2)(A) If the examining immigration officer
determines that an alien seeking entry—
‘‘(i) does not present the documentation
required (if any) to obtain legal entry to the
United States; and
‘‘(ii) does not indicate either an intention
to apply for provisional asylum (under section
208) or a fear of persecution,
the officer shall order the alien excluded from the
United States without further hearing or review.
‘‘(B) The examining immigration officer shall
refer for immediate inspection at the port of entry
by an asylum officer under subparagraph (C) any
alien who (i) does not present the documentation re-
quired (if any) to obtain legal entry to the United
States, and (ii) has indicated an intention to apply
for provisional asylum or a fear of persecution. Such
an alien shall not be considered to have been in-
spected and admitted for purposes of this Act.
‘‘(C)(i) If an asylum officer determines that an
alien has a credible fear of persecution, the alien
shall be entitled to apply for provisional asylum
under section 208.
‘‘(ii)(I) Subject to subclause (II), if an asylum
officer determines that an alien does not have a
credible fear of persecution the officer shall order
the alien excluded from the United States without
further hearing or review.
‘‘(II) The Attorney General shall promulgate
regulations to provide for the immediate review by
another asylum officer at the port of entry of a deci-
sion under subclause (I).
‘‘(iii) For the purposes of this subparagraph,
the term ‘credible fear of persecution’ means (I) that
it is more probable than not that the statements
made by the alien in support of his or her claim are
true, and (II) that there is a significant possibility,
in light of such statements and of such other facts
as are known to the officer that the alien could es-
tablish eligibility for provisional asylum under sec-
tion 208.
‘‘(iv) Notwithstanding any other provision of
law, no court shall have jurisdiction to review, except
by petition for habeas corpus, any determination
made with respect to an alien found excludable pur-
suant to this paragraph. In any such case, review by
habeas corpus shall be limited to examination of
whether the petitioner (I) is an alien, and (II) was
ordered excluded from the United States pursuant to
this paragraph.
‘‘(v) Notwithstanding any other provision of
law, no court shall have jurisdiction (I) to review the
procedures established by the Attorney General for
the determination of exclusion pursuant to this para-
graph, or (II) to enter declaratory or injunctive re-
lief with respect to the implementation of this para-
graph. Regardless of the nature of the suit or claim,
no court shall have jurisdiction except by habeas cor-
pus petition as provided in clause (iv) to consider
the validity of any adjudication or determination
under this paragraph or to provide declaratory or in-
junctive relief with respect to the exclusion of any
alien pursuant to this paragraph.
‘‘(vi) In any action brought for the assessment
of penalties for improper entry or re-entry of an
alien under section 275 or 276, no court shall have
jurisdiction to hear claims collaterally attacking the
validity of orders of exclusion or deportation entered
under sections 235, 236, and 242.
‘‘(3)(A) Except as provided in subparagraph
(B), if the examining immigration officer determines
that an alien seeking entry is not clearly and beyond
a doubt entitled to enter, the alien shall be detained
for a hearing before a special inquiry officer.
‘‘(B) The provisions of subparagraph (A) shall
not apply—
‘‘(i) to an alien crewman,
‘‘(ii) to an alien described in paragraph
(2)(A) or 2(B), or
‘‘(iii) if the conditions described in section
273(d) exist.
‘‘(4) The decision of the examining immigration
officer, if favorable to the admission of any alien,
shall be subject to challenge by any other immigra-
tion officer and such challenge shall operate to take
the alien, whose privilege to enter is so challenged,
before a special inquiry officer for a hearing on ex-
clusion of the alien.
‘‘(5) An alien has not entered the United States
for purposes of this Act unless and until such alien
has been inspected and admitted by an immigration
officer pursuant to this subsection.
(b) CONFORMING AMENDMENTS.—Section 237(a) (8
U.S.C. 1227(a)) is amended—
(1) in the second sentence of paragraph (1) by
striking ‘‘Deportation’’ and inserting ‘‘Subject to
section 235(b)(2), deportation’’; and
(2) in the first sentence of paragraph (2) by
striking ‘‘If ’’ and inserting ‘‘Subject to section
235(b)(2), if ’’.
SEC. 802. ASYLUM.
(a) IN GENERAL.—Section 208 (8 U.S.C. 1158) is
amended to read as follows:
‘‘SEC. 208. ASYLUM.–
(a) PROVISIONAL ASYLUM.—
‘‘(1) RIGHT TO APPLY.—The Attorney General
shall establish a procedure for an alien physically
present in the United States or at a land border or
port of entry, irrespective of such alien’s status, to
apply for provisional asylum in accordance with this
section.
‘‘(2) CONDITIONS FOR GRANTING.—
‘‘(A) MANDATORY
CASES.—The Attorney
General shall grant provisional asylum to an
alien if the alien applies for provisional asylum
in accordance with the requirements of this sec-
tion and establishes that it is more likely than
not that in the alien’s country of nationality
(or, in the case of a person having no national-
ity, the country in which such alien last habit-
ually resided) such alien’s life or freedom would
be threatened on account of race, religion, na-
tionality, membership in a particular social
group, or political opinion.
‘‘(B) DISCRETIONARY CASES.—The Attor-
ney General may grant provisional asylum to an
alien if the alien applies for provisional asylum
in accordance with the requirements of this sec-
tion and establishes that the alien is a refugee
within the meaning of section 101(a)(42).
‘‘(C) 
EXCEPTIONS.—(i) 
Subparagraphs
(A) and (B) shall not apply to an alien if the
Attorney General determines that—
‘‘(I) the alien ordered, incited, as-
sisted, or otherwise participated in the per-
secution of any person on account of race,
religion, nationality, membership in a par-
ticular social group, or political opinion;
‘‘(II) the alien, having been convicted
by a final judgment of a particularly seri-
ous crime, constitutes a danger to the com-
munity of the United States;
‘‘(III) there are serious reasons for
believing that the alien has committed a
serious nonpolitical crime outside the
United States prior to the arrival of the
alien in the United States;
‘‘(IV) there are reasonable grounds
for regarding the alien as a danger to the
security of the United States; or
‘‘(V) a country willing to accept the
alien has been identified (other than the
country described in subparagraph (A)) to
which the alien can be deported or re-
turned and the alien does not establish
that it is more likely than not that the
alien’s life or freedom would be threatened
in such country on account of race, reli-
gion, nationality, membership in a particu-
lar social group, or political opinion.
‘‘(ii)(I) For purposes of clause (i)(II), an
alien who has been convicted of an aggravated
felony shall be considered to have committed a
particularly serious crime.
‘‘(II) The Attorney General shall promul-
gate regulations that specify additional crimes
that will be considered to be a crime described
in clause (i)(II) or (i)(III).
‘‘(III) The Attorney General shall promul-
gate regulations establishing such additional
limitations and conditions as the Attorney Gen-
eral considers appropriate under which an alien
shall be ineligible to apply for provisional asy-
lum under subparagraph (B).
‘‘(3) PROVISIONAL
ASYLUM
STATUS.—In the
case of any alien granted provisional asylum under
paragraph (2)(A), the Attorney General, in accord-
ance with this section—
‘‘(A) shall not deport or return the alien to
the country described under paragraph (2)(A);
‘‘(B) shall authorize the alien to engage in
employment in the United States and provide
the alien with an ‘employment authorized’ en-
dorsement or other appropriate work permit;
and
‘‘(C) may allow the alien to travel abroad
with the prior consent of the Attorney General.
‘‘(4) TERMINATION.—Provisional asylum grant-
ed under paragraph (2) may be terminated if the At-
torney General, pursuant to such regulations as the
Attorney General may prescribe, determines that—
‘‘(A) the alien no longer meets the condi-
tions described in paragraph (2) owing to a
change in circumstances in the alien’s country
of nationality or, in the case of an alien having
no nationality, in the country in which the alien
last habitually resided;
‘‘(B) the alien meets a condition described
in paragraph (2)(C); or
‘‘(C) a country willing to accept the alien
has been identified (other than the country de-
scribed in paragraph (2)) to which the alien can
be deported or returned and the alien cannot
establish that it is more likely than not that the
alien’s life or freedom would be threatened in
such country on account of race, religion, na-
tionality, membership in a particular social
group, or political opinion.
‘‘(5) ACCEPTANCE BY ANOTHER COUNTRY.—In
the case of an alien described in paragraph
(2)(C)(i)(V) or paragraph (4)(C), the alien’s depor-
tation or return shall be directed by the Attorney
General in the sole discretion of the Attorney Gen-
eral, to any country which is willing to accept the
alien into its territory (other than the country de-
scribed in paragraph (2)(A)).
‘‘(b) PROVISIONAL ASYLUM APPLICATIONS.—
‘‘(1) IN GENERAL.—
‘‘(A) DEADLINE.—Subject to subpara-
graph (B), an alien’s application for provisional
asylum shall not be considered under this sec-
tion unless—
‘‘(i) the alien has filed, not later than
30 days after entering or coming to the
United States, notice of intention to file
such an application, and
‘‘(ii) such application is actually filed
not later than 60 days after entering or
coming to the United States.
‘‘(B) EXCEPTION.—An application for pro-
visional asylum may be considered, not with-
standing that the requirements of subparagraph
(A) have not been met, only if the alien dem-
onstrates by clear and convincing evidence
changed circumstances in the alien’s country of
nationality (or in the case of an alien with no
nationality, in the country where the alien last
habitually resided) affecting eligibility for provi-
sional asylum.
‘‘(2) REQUIREMENTS.—An application for pro-
visional asylum shall not be considered unless the
alien submits to the taking of fingerprints and a
photograph in a manner determined by the Attorney
General.
‘‘(3) PREVIOUS DENIAL OF ASYLUM.—An appli-
cation for provisional asylum shall not be considered
if the alien has been denied asylum by a country in
which the alien had access to a full and fair proce-
dure for determining his or her asylum claim in ac-
cordance with a bilateral or multilateral agreement
between that country and the United States.
‘‘(4) FEES.—In the discretion of the Attorney
General, the Attorney General may impose reason-
able fees for the consideration of an application for
provisional asylum, for employment authorization
under this section, and for adjustment of status
under section 209(b). The Attorney General is au-
thorized to provide for the assessment and payment
of any such fee over a period of time or by install-
ments.
‘‘(5) EMPLOYMENT.—An applicant for provi-
sional asylum is not entitled to engage in employ-
ment in the United States. The Attorney General
may authorize an alien who has filed an application
for provisional asylum to engage in employment in
the United States, in the discretion of the Attorney
General.
‘‘(6) NOTICE OF CONSEQUENCES OF FRIVOLOUS
APPLICATIONS.—At the time of filing a notice of in-
tention to apply for provisional asylum, the alien
shall be advised of the consequences, under sub-
section (e), of filing a frivolous application for provi-
sional asylum.
‘‘(c) SANCTIONS FOR FAILURE TO APPEAR.—
‘‘(1) Subject to paragraph (2), the application
for provisional asylum of an alien who does not ap-
pear for a hearing on such application shall be sum-
marily dismissed unless the alien can show excep-
tional 
circumstances 
(as 
defined 
in 
section
242B(f)(2)) as determined by an asylum officer or
immigration judge.
‘‘(2) Paragraph (1) shall not apply if written
and oral notice were not provided to the alien of the
time and place at which the asylum hearing was to
be held, and in the case of any change or postpone-
ment in such time or place, written and oral notice
were provided to the alien of the new time or place
of the hearing.
‘‘(d) ASYLUM.—
‘‘(1) ADJUSTMENT
OF
STATUS.—Under such
regulations as the Attorney General may prescribe,
the Attorney General shall adjust to the status of an
alien granted asylum the status of any alien granted
provisional asylum under subsection (a)(2)(A) or
(a)(2)(B) who—
‘‘(A) applies for such adjustment;
‘‘(B) has been physically present in the
United States for at least 1 year after being
granted provisional asylum;
‘‘(C) continues to be eligible for provisional
asylum under this section; and
‘‘(D) is admissible under this Act at the
time of examination for adjustment of status
under this subsection.
‘‘(2) TREATMENT
OF
SPOUSE
AND
CHIL-
DREN.—A spouse or child (as defined in section
101(b)(A), (B), (C), (D), or (E)) of an alien whose
status is adjusted to that of an alien granted asylum
under paragraph (a)(2) may be granted the same
status as the alien if accompanying, or following to
join, such alien.
‘‘(3) APPLICATION FEES.—The Attorney Gen-
eral may impose a reasonable fee for the filing of an
application for asylum under this subsection.
‘‘(e) DENIAL OF IMMIGRATION BENEFITS FOR FRIV-
OLOUS APPLICATIONS.—
‘‘(1) IN GENERAL.—If the Attorney General de-
termines that an alien has made a frivolous applica-
tion for provisional asylum under this section and
the alien has received the notice under subsection
(b)(5), the alien shall be permanently ineligible for
any benefits under this Act, effective as of the date
of a final determination on such application.
‘‘(2) TREATMENT OF MATERIAL MISREPRESEN-
TATIONS.—For purposes of this subsection, an appli-
cation considered to be ‘frivolous’ includes, but is
not limited to, an application which contains a will-
ful misrepresentation or concealment of a material
fact.’’.
(b) CLERICAL AMENDMENT.—The item in the table
of contents relating to section 208 is amended to read as
follows:
‘‘Sec. 208. Asylum.’’.
SEC. 803. FAILURE TO APPEAR FOR PROVISIONAL ASYLUM
HEARING; JUDICIAL REVIEW.
(a) FAILURE TO APPEAR FOR PROVISIONAL ASYLUM
HEARING.—Section 242B(e)(4) (8 U.S.C. 1252b(e)(4)) is
amended—
(1) in the heading, by striking ‘‘ASYLUM’’ and
inserting ‘‘PROVISIONAL ASYLUM’’;
(2) by striking ‘‘asylum’’ each place it appears
and inserting ‘‘provisional asylum’’; and
(3) in subparagraph (A), by striking all after
clause (iii) and inserting ‘‘shall not be eligible for
any benefits under this Act.’’.
(b) JUDICIAL
REVIEW.—Section 106 (8 U.S.C.
1105a) is amended by adding at the end the following sub-
section:
‘‘(d) The procedure prescribed by, and all the provi-
sions of chapter 158 of title 28, United States Code, shall
apply to, and shall be the sole and exclusive procedure for,
the judicial review of all final orders granting or denying
provisional asylum, except that—
‘‘(1) a petition for review may be filed not later
than 90 days after the date of the issuance of the
final order granting or denying provisional asylum;
‘‘(2) the venue of any petition for review under
this subsection shall be in the judicial circuit in
which the administrative proceedings were conducted
in whole or in part, or in the judicial circuit wherein
is the residence, as defined in this Act, of the peti-
tioner, but not in more than one circuit; and
‘‘(3) notwithstanding any other provision of
law, a determination granting or denying provisional
asylum based on changed circumstances pursuant to
section 208(b)(1)(A)(ii) shall be in the sole discre-
tion of the officer conducting the administrative pro-
ceeding.’’.
SEC. 804. CONFORMING AMENDMENTS.
(a) LIMITATION ON DEPORTATION.—Section 243 (8
U.S.C. 1253) is amended by striking subsection (h).
(b) ADJUSTMENT OF STATUS.—Section 209(b) (8
U.S.C. 1159(b)) is amended—
(1) in paragraph (2) by striking ‘‘one year’’ and
inserting ‘‘2 years’’; and
(2) by amending paragraph (3) to read as
follows:
‘‘(3) continues to be eligible for provisional asy-
lum under section 208,’’.
(c) ALIENS
INELIGIBLE
FOR
TEMPORARY
PRO-
TECTED STATUS.—Section 244A(c)(2)(B)(ii) (8 U.S.C.
1254a(c)(2)(B)(ii)) is amended by striking ‘‘section
243(h)(2)’’ and inserting ‘‘section 208(a)(2)(C)’’.
(d) ELIGIBILITY
FOR
NATURALIZATION.—Section
316(f)(1) (8 U.S.C. 1427(f)(1)) is amended by striking
‘‘subparagraphs (A) through (D) of paragraph 243(h)(2)’’
and inserting ‘‘section 208(a)(2)(C).’’.
(e) FAMILY UNITY.—Section 301(e) of the Immigra-
tion Act of 1990 (Public Law 101–649) is amended by
striking ‘‘section 243(h)(2)’’ and inserting ‘‘section
208(a)(2)(C).’’.
SEC. 805. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise provided, the
amendments made by this title shall take effect on the
date of the enactment of this Act.
(b) EXCEPTIONS.—
(1) The amendments made by this title shall
not apply to applications for asylum or withholding
of deportation made before the first day of the first
month that begins more than 180 days after the
date of the enactment of this Act and no application
for provisional asylum under section 208 of the Im-
migration and Nationality Act (as amended by sec-
tion 801 of this title) shall be considered before such
first day.
(2) In applying section 208(b)(1)(A) of the Im-
migration and Nationality Act (as amended by this
title) in the case of an alien who has entered or
came to the United States before the first day de-
scribed in paragraph (1), notwithstanding the dead-
lines specified in such section—
(A) the deadline for the filing of a notice
of intention to file an application for provisional
asylum is 30 days after such first day, and
(B) the deadline for the filing of the appli-
cation for provisional asylum is 30 days after
the date of filing such notice.
(3) The amendments made by section 803(b)
(relating to adjustment of status) shall not apply to
aliens granted asylum under section 208 of the Im-
migration and Nationality Act, as in effect before
the date of the enactment of this Act.
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