133
conforms to standards described in subparagraph
(B).
‘‘(B) The standards described in this subpara-
graph are those set forth in regulations promulgated
by the Federal agency designated by the President,
after consultation with such other Federal agencies
as the President shall designate and with State vital
statistics offices, and shall—
‘‘(i) include but not be limited to—
‘‘(I) 
certification 
by 
the 
agency
issuing the birth certificate; and
‘‘(II) use of safety paper, the seal of
the issuing agency, and other features de-
signed to limit tampering, counterfeiting,
and photocopying, or otherwise duplicating,
for fraudulent purposes;
‘‘(ii) not require a single design to which
the official birth certificate copies issued by
each State must conform; and
‘‘(iii) accommodate the differences between
the States in the manner and form in which
birth records are stored and in how birth cer-
tificate copies are produced from such records.
‘‘(2) LIMITATION ON ISSUANCE.—(A) If one or
more of the conditions described in subparagraph
134
(B) is present, no State or local government agency
may issue an official copy of a birth certificate per-
taining to an individual unless the copy prominently
notes that such individual is deceased.
‘‘(B) The conditions described in this subpara-
graph include—
‘‘(i) the presence on the original birth cer-
tificate of a notation that the individual is de-
ceased, or
‘‘(ii) actual knowledge by the issuing agen-
cy that the individual is deceased obtained
through information provided by the Social Se-
curity Administration, by an interstate system
of birth-death matching, or otherwise.
‘‘(3) GRANTS
TO
STATES.—(A)(i) The Sec-
retary of Health and Human Services, in consulta-
tion with other agencies designated by the President,
shall establish a fund, administered through the Na-
tional Center for Health Statistics, to provide grants
to the States to encourage them to develop the capa-
bility to match birth and death records, within each
State and among the States, and to note the fact of
death on the birth certificates of deceased persons.
In developing the capability described in the pre-
135
ceding sentence, States shall focus first on persons
who were born after 1950.
‘‘(ii) Such grants shall be provided in propor-
tion to population and in an amount needed to pro-
vide a substantial incentive for the States to develop
such capability.
‘‘(B) The Secretary of Health and Human
Services shall establish a fund, administered through
the National Center for Health Statistics, to provide
grants to the States for a project in each of 5 States
to demonstrate the feasibility of a system by which
each such State’s office of vital statistics would be
provided, within 24 hours, sufficient information to
establish the fact of death of every individual dying
in such State.
‘‘(C) There are authorized to be appropriated to
the Department of Health and Human Services such
amounts as may be necessary to provide the grants
described in subparagraphs (A) and (B).
‘‘(4) REPORT.—(A) Not later than one year
after the date of the enactment of this Act, the Sec-
retary of Health and Human Services shall submit
a report to the Congress on ways to reduce the
fraudulent obtaining and the fraudulent use of birth
certificates, including any such use to obtain a social
136
security account number or a State or Federal docu-
ment related to identification or immigration.
‘‘(B) Not later than one year after the date of
enactment of this Act, the agency designated by the
President in paragraph (1)(B) shall submit a report
setting forth, and explaining, the regulations de-
scribed in such paragraph.
‘‘(C) There are authorized to be appropriated to
the Department of Health and Human Services such
amounts as may be necessary for the preparation of
the report described in subparagraph (A).
‘‘(5) CERTIFICATE OF BIRTH.—As used in this
section, the term ‘birth certificate’ means a certifi-
cate of birth of—
‘‘(A) a person born in the United States,
or
‘‘(B) a person born abroad who is a citizen
or national of the United States at birth, whose
birth is registered in the United States.
‘‘(6) EFFECTIVE DATES.—
‘‘(A) Except as otherwise provided in sub-
paragraph (B) and in paragraph (4), this sub-
section shall take effect two years after the en-
actment of the Securing America’s Future
through Enforcement Reform Act of 2002.
137
‘‘(B) Paragraph (1)(A) shall take effect
two years after the submission of the report de-
scribed in paragraph (4)(B).’’.
SEC. 502. DRIVERS LICENSES.
Section 656 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 is amended by in-
serting after subsection (a) the following:
‘‘(b) STATE-ISSUED DRIVERS LICENSES AND COM-
PARABLE IDENTIFICATION DOCUMENTS.—
‘‘(1) STANDARDS
FOR
ACCEPTANCE
BY
FED-
ERAL AGENCIES.—
‘‘(A) IN GENERAL.—A Federal agency may
not accept for any identification-related purpose
a driver’s license, or other comparable identi-
fication document, issued by a State, unless the
license or document satisfies the following re-
quirements:
‘‘(i) APPLICATION PROCESS.—The ap-
plication process for the license or docu-
ment shall include the presentation of such
evidence of identity as is required by regu-
lations promulgated by the Secretary of
Transportation after consultation with the
American Association of Motor Vehicle Ad-
ministrators.
138
‘‘(ii) SOCIAL
SECURITY
NUMBER.—
Except as provided in subparagraph (B),
the license or document shall contain a so-
cial security account number that can be
read visually or by electronic means.
‘‘(iii) FORM.—The license or docu-
ment otherwise shall be in a form con-
sistent with requirements set forth in regu-
lations promulgated by the Secretary of
Transportation after consultation with the
American Association of Motor Vehicle Ad-
ministrators. The form shall contain secu-
rity features designed to limit tampering,
counterfeiting, photocopying, or otherwise
duplicating, the license or document for
fraudulent purposes and to limit use of the
license or document by impostors.
‘‘(iv) SPECIAL EXPIRATION DATE.—If
a driver’s license is issued to an alien who
is in lawful status but who is not an alien
lawfully admitted for permanent residence,
the period of validity of the license must
expire on the date on which the alien’s au-
thorization to remain in the United States
expires.
139
‘‘(B) EXCEPTION.—The requirement in
subparagraph (A)(ii) shall not apply with re-
spect to a driver’s license or other comparable
identification document issued by a State, if the
State—
‘‘(i) does not require the license or
document to contain a social security ac-
count number; and
‘‘(ii) requires—
‘‘(I) every applicant for a driver’s
license, or other comparable identi-
fication document, to submit the ap-
plicant’s social security account num-
ber; and
‘‘(II) an agency of the State to
verify with the Social Security Admin-
istration that such account number is
valid.
‘‘(C) DEADLINE.—The Secretary of Trans-
portation shall promulgate the regulations re-
ferred to in clauses (i) and (iii) of subparagraph
(A) not later than 1 year after the date of the
enactment of the Securing America’s Future
through Enforcement Reform Act of 2002.
140
‘‘(2) GRANTS TO STATES.—Beginning on the
date final regulations are promulgated under para-
graph (1), the Secretary of Transportation shall
make grants to States to assist them in issuing driv-
er’s licenses and other comparable identification doc-
uments that satisfy the requirements under such
paragraph.
‘‘(3) EFFECTIVE DATES.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this paragraph, this subsection shall
take effect on the date of the enactment of the
Securing America’s Future through Enforce-
ment Reform Act of 2002.
‘‘(B) PROHIBITION
ON
FEDERAL
AGEN-
CIES.—Subparagraphs (A) and (B) of para-
graph (1) shall take effect beginning on October
1, 2006, but shall apply only to licenses or doc-
uments issued to an individual for the first time
and to replacement or renewal licenses or docu-
ments issued according to State law.’’.
SEC. 503. SOCIAL SECURITY CARDS.
(a) IMPROVEMENTS TO CARD.—
(1) In general.—For purposes of carrying out
section 274A of the Immigration and Nationality
Act, the Commissioner of Social Security (in this
141
section referred to as the ‘‘Commissioner’’) shall
make such improvements to the physical design,
technical specifications, and materials of the social
security account number card as are necessary to
ensure that it is a genuine official document and
that it offers the best possible security against coun-
terfeiting, forgery, alteration, and misuse.
(2) PERFORMANCE
STANDARDS.—In making
the improvements required in paragraph (1), the
Commissioner shall—
(A) make the card as secure against coun-
terfeiting as the 100 dollar Federal Reserve
note, with a rate of counterfeit detection com-
parable to the 100 dollar Federal Reserve note;
and
(B) make the card as secure against fraud-
ulent use as a United States passport.
(3) DEFINITION.—In this section, the term ‘‘se-
cured social security account number card’’ means a
social security account number card issued in ac-
cordance with the requirements of this paragraph.
(4) EFFECTIVE DATE.—All social security ac-
count number cards issued after January 1, 2005,
whether new or replacement, shall be secured social
security account number cards.
142
(b) USE FOR EMPLOYMENT VERIFICATION.—Begin-
ning on January 1, 2009, a document described in section
274A(b)(1)(C) of the Immigration and Nationality Act is
a secured social security account number card (other than
such a card which specifies on the face that the issuance
of the card does not authorize employment in the United
States).
(c) NOT
A NATIONAL IDENTIFICATION CARD.—
Cards issued pursuant to this section shall not be required
to be carried upon one’s person, and nothing in this sec-
tion shall be construed as authorizing the establishment
of a national identification card.
(d) EDUCATION CAMPAIGN.—The Commissioner of
Immigration and Naturalization, in consultation with the
Commissioner of Social Security, shall conduct a com-
prehensive campaign to educate employers about the secu-
rity features of the secured social security card and how
to detect counterfeit or fraudulently used social security
account number cards.
(e) ANNUAL REPORTS.—The Commissioner of Social
Security shall submit to Congress by July 1 of each year
a report on—
(1) the progress and status of developing a se-
cured social security account number card under this
section;
143
(2) the incidence of counterfeit production and
fraudulent use of social security account number
cards; and
(3) the steps being taken to detect and prevent
such counterfeiting and fraud.
(f) GAO ANNUAL AUDITS.—The Comptroller Gen-
eral shall perform an annual audit, the results of which
are to be presented to the Congress by January 1 of each
of the 5 years following the date of the enactment of the
Securing America’s Future through Enforcement Reform
Act of 2002, on the performance of the Social Security
Administration in meeting the requirements in paragraph
(1).
(g) EXPENSES.—No costs incurred in developing and
issuing cards under this section that are above the costs
that would have been incurred for cards issued in the ab-
sence of this section shall be paid for out of any trust
fund established under the Social Security Act. There are
authorized to be appropriated such sums as may be nec-
essary to carry out this section.
144
Subtitle B—Employment Eligibility
Verification
SEC. 511. EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM.
Section 274A(b) (8 U.S.C. 1324a(b)) is amended by
adding at the end the following:
‘‘(7) EMPLOYMENT ELIGIBILITY VERIFICATION
SYSTEM.—
‘‘(A) IN GENERAL.—The Attorney General
shall establish a verification system through
which the Attorney General (or a designee of
the Attorney General, which may be a non-
governmental entity)—
‘‘(i) responds to inquiries made by
persons 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
‘‘(ii) maintains records of the inquir-
ies that were made, of verifications pro-
vided (or not provided), and of the codes
provided to inquirers as evidence of their
compliance with their obligations under
this section.
145
To the extent practicable, the Attorney General
shall seek to establish such a system using one
or more nongovernmental entities.
‘‘(B) INITIAL RESPONSE.—The verification
system shall provide verification or a tentative
nonverification of an individual’s identity and
employment eligibility within 3 working days of
the initial inquiry. If providing verification or
tentative nonverification, the verification system
shall provide an appropriate code indicating
such verification or such nonverification.
‘‘(C) SECONDARY VERIFICATION PROCESS
IN CASE OF TENTATIVE NONVERIFICATION.—In
cases of tentative nonverification, the Attorney
General shall specify, in consultation with the
Commissioner of Social Security and the Com-
missioner of the Immigration and Naturaliza-
tion Service, an available secondary verification
process to confirm the validity of information
provided and to provide a final verification or
nonverification within 10 working days after the
date of the tentative nonverification. When final
verification or nonverification is provided, the
verification system shall provide an appropriate
146
code 
indicating 
such 
verification 
or
nonverification.
‘‘(D) DESIGN
AND
OPERATION
OF
SYS-
TEM.—The verification system shall be designed
and operated—
(i) to maximize its reliability and ease
of use by persons and other entities con-
sistent with insulating and protecting the
privacy and security of the underlying in-
formation;
(ii) to respond to all inquiries made by
such persons and entities on whether indi-
viduals are authorized to be employed and
to register all times when such inquiries
are not received;
(iii) with appropriate administrative,
technical, and physical safeguards to pre-
vent unauthorized disclosure of personal
information; and
(iv) to have reasonable safeguards
against the system’s resulting in unlawful
discriminatory practices based on national
origin or citizenship status, including—
(I) the selective or unauthorized
use of the system to verify eligibility;
147
(II) the use of the system prior
to an offer of employment; or
(III) the exclusion of certain indi-
viduals from consideration for employ-
ment as a result of a perceived likeli-
hood that additional verification will
be required, beyond what is required
for most job applicants.
‘‘(E) RESPONSIBILITIES OF THE COMMIS-
SIONER OF SOCIAL SECURITY.—As part of the
verification system, the Commissioner of Social
Security, in consultation with the entity respon-
sible for administration of the system, shall es-
tablish a reliable, secure method, which, within
the time periods specified under subparagraphs
(B) and (C), compares the name and social se-
curity account number provided in an inquiry
against such information maintained by the
Commissioner in order to validate (or not vali-
date) the information provided regarding an in-
dividual whose identity and employment eligi-
bility must be confirmed, the correspondence of
the name and number, and whether the indi-
vidual has presented a social security account
number that is not valid for employment. The
148
Commissioner shall not disclose or release social
security 
information 
(other 
than 
such
verification or nonverification).
‘‘(F) RESPONSIBILITIES OF THE COMMIS-
SIONER
OF
IMMIGRATION
AND
NATURALIZA-
TION.—As part of the verification system, the
Commissioner of Immigration and Naturaliza-
tion, in consultation with the entity responsible
for administration of the system, shall establish
a reliable, secure method, which, within the
time periods specified under subparagraphs (B)
and (C), compares the name and alien identi-
fication or authorization number which are pro-
vided in an inquiry against such information
maintained by the Commissioner in order to
validate (or not validate) the information pro-
vided, the correspondence of the name and
number, and whether the alien is authorized to
be employed in the United States.
‘‘(G) 
UPDATING
INFORMATION.—The
Commissioners of Social Security and Immigra-
tion and Naturalization shall update their infor-
mation in a manner that promotes the max-
imum accuracy and shall provide a process for
the prompt correction of erroneous information,
149
including instances in which it is brought to
their attention in the secondary verification
process described in subparagraph (C).
‘‘(H) 
LIMITATION
ON
USE
OF
THE
VERIFICATION SYSTEM AND ANY RELATED SYS-
TEMS.—
(i) IN
GENERAL.—Notwithstanding
any other provision of law, nothing in this
paragraph shall be construed to permit or
allow any department, bureau, or other
agency of the United States Government to
utilize any information, data base, or other
records assembled under this paragraph
for any other purpose other than as pro-
vided for.
(ii) NO
NATIONAL
IDENTIFICATION
CARD.—Nothing in this paragraph shall be
construed to authorize, directly or indi-
rectly, the issuance or use of national iden-
tification cards or the establishment of a
national identification card.
(I) FEDERAL TORT CLAIMS ACT.—If an in-
dividual alleges that the individual would not
have been dismissed from a job but for an error
of the verification mechanism, the individual
150
may seek compensation only through the mech-
anism of the Federal Tort Claims Act, and in-
junctive relief to correct such error. No class
action may be brought under this subpara-
graph.
(J) PROTECTION FROM LIABILITY FOR AC-
TIONS
TAKEN
ON
THE
BASIS
OF
INFORMA-
TION.—No person or entity shall be civilly or
criminally liable for any action taken in good
faith reliance on information provided through
the employment eligibility verification mecha-
nism established under this paragraph.’’.
SEC. 512. EMPLOYMENT ELIGIBILITY VERIFICATION PROC-
ESS.
Section 274A (8 U.S.C. 1324a) is amended—
(1) in subsection (a)(3), by inserting ‘‘(A)’’
after ‘‘DEFENSE.—’’, and by adding at the end the
following:
‘‘(B) 
FAILURE
TO
SEEK
AND
OBTAIN
VERIFICATION.—In the case of a hiring of an indi-
vidual for employment in the United States by a
person or entity, the following requirements apply:
‘‘(i) FAILURE TO SEEK VERIFICATION.—
‘‘(I) IN GENERAL.—If the person or
entity has not made an inquiry, under the
151
mechanism established under subsection
(b)(7), seeking verification of the identity,
social security number, and work eligibility
of the individual, by not later than the end
of 3 working days (as specified by the At-
torney General) after the date of the hir-
ing, the defense under subparagraph (A)
shall not be considered to apply with re-
spect to any employment after such 3
working days, except as provided in sub-
clause (II).
‘‘(II) SPECIAL RULE FOR FAILURE OF
VERIFICATION MECHANISM.—If such a per-
son or entity in good faith attempts to
make an inquiry during such 3 working
days in order to qualify for the defense
under 
subparagraph 
(A) 
and 
the
verification mechanism has registered that
not all inquiries were responded to during
such time, the person or entity can make
an inquiry until the end of the first subse-
quent working day in which the verification
mechanism registers no nonresponses and
qualify for such defense.
152
‘‘(ii) 
FAILURE
TO
OBTAIN
VERIFICATION.—If the person or entity has
made the inquiry described in clause (i)(I) but
has not received an appropriate verification of
such identity, number, and work eligibility
under such mechanism within the time period
specified under subsection (b)(7)(B) after the
time the verification inquiry was received, the
defense under subparagraph (A) shall not be
considered to apply with respect to any employ-
ment after the end of such time period.’’;
(2) by amending subsection (b)(1)(A) to read as
follows:
‘‘(A) IN GENERAL.—The person or entity
must attest, under penalty of 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—
‘‘(i) obtaining from the individual the
individual’s social security account number
and recording the number on the form (if
the individual claims to have been issued
such a number), and, if the individual does
not attest to United States citizenship
under paragraph (2), obtaining such iden-
153
tification or authorization number estab-
lished by the Immigration and Naturaliza-
tion Service for the alien as the Attorney
General may specify, and recording such
number on the form; and
‘‘(ii)(I) examining a document de-
scribed in subparagraph (B); or (II) exam-
ining a document described in subpara-
graph (C) and a document described in
subparagraph (D).
A person or entity has complied with the re-
quirement of this paragraph with respect to ex-
amination of a document if the document rea-
sonably appears on its face to be genuine, rea-
sonably appears to pertain to the individual
whose identity and work eligibility is being
verified, and, if the document bears an expira-
tion date, that expiration date has not elapsed.
If an individual provides a document (or com-
bination of documents) that reasonably appears
on its face to be genuine, reasonably appears to
pertain to the individual whose identity and
work eligibility is being verified, and is suffi-
cient to meet the first sentence of this para-
graph, nothing in this paragraph shall be con-
154
strued as requiring the person or entity to so-
licit the production of any other document or as
requiring the individual to produce another doc-
ument.’’;
(3) in subsection (b)(1)(D)—
(A) in clause (i), by striking ‘‘or such other
personal identification information relating to
the individual as the Attorney General finds, by
regulation, sufficient for purposes of this sec-
tion’’; and
(B) in clause (ii), by inserting before the
period ‘‘and that contains a photograph of the
individual’’;
(4) in subsection (b)(2), by adding at the end
the following: ‘‘The individual must also provide that
individual’s social security account number (if the
individual claims to have been issued such a num-
ber), and, if the individual does not attest to United
States citizenship under this paragraph, such identi-
fication or authorization number established by the
Immigration and Naturalization Service for the alien
as the Attorney General may specify.’’;
(5) by amending subsection (b)(3) to read as
follows:
155
‘‘(3) RETENTION OF VERIFICATION FORM AND
VERIFICATION.—
‘‘(A) IN
GENERAL.—After completion of
such form in accordance with paragraphs (1)
and (2), the person or entity must—
‘‘(i) retain the form and make it avail-
able for inspection by officers of the Serv-
ice, the Special Counsel for Immigration-
Related Unfair Employment Practices, or
the Department of Labor during a period
beginning on the date of the hiring, re-
cruiting, or referral of the individual and
ending—
‘‘(I) in the case of the recruiting
or referral for a fee (without hiring)
of an individual, three years after the
date of the recruiting or referral; and
‘‘(II) in the case of the hiring of
an individual, the later of—
‘‘(aa) three years after the
date of such hiring; or
‘‘(bb) one year after the
date the individual’s employment
is terminated; and
156
‘‘(B) make an inquiry, as provided in
paragraph (7), using the verification sys-
tem to seek verification of the identity and
employment eligibility of an individual, 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) VERIFICATION.—
‘‘(i) VERIFICATION RECEIVED.—If the
person or other entity receives an appro-
priate verification of an individual’s iden-
tity 
and 
work 
eligibility 
under 
the
verification system within the time period
specified, the person or entity shall record
on the form an appropriate code that is
provided under the system and that indi-
cates a final verification of such identity
and work eligibility of the individual.
‘‘(ii) TENTATIVE
NONVERIFICATION
RECEIVED.—If the person or other entity
receives a tentative nonverification of an
individual’s identity or work eligibility
under the verification system within the
time period specified, the person or entity
157
shall so inform the individual for whom the
verification is sought. If the individual does
not contest the nonverification within the
time period specified, the nonverification
shall be considered final. The person or en-
tity shall then record on the form an ap-
propriate code which has been provided
under the system to indicate a tentative
nonverification. If the individual does con-
test the nonverification, the individual shall
utilize 
the 
process 
for 
secondary
verification provided under paragraph (7).
The nonverification will remain tentative
until a final verification or nonverification
is provided by the verification system with-
in the time period specified. In no case
shall an employer terminate employment of
an individual because of a failure of the in-
dividual to have identity and work eligi-
bility confirmed under this section until a
nonverification becomes final. Nothing in
this clause shall apply to a termination of
employment for any reason other than be-
cause of such a failure.
158
‘‘(iii) 
FINAL
VERIFICATION
OR
NONVERIFICATION
RECEIVED.—If a final
verification or nonverification is provided
by the verification system regarding an in-
dividual, the person or entity shall record
on the form an appropriate code that is
provided under the system and that indi-
cates a verification or nonverification of
identity and work eligibility of the indi-
vidual.
‘‘(iv) EXTENSION
OF
TIME.—If the
person or other entity in good faith at-
tempts to make an inquiry during such 3
working days and the verification system
has registered that not all inquiries were
received during such time, the person or
entity may make an inquiry in the first
subsequent working day in which the
verification system registers that it has re-
ceived all inquiries. If the verification sys-
tem 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 pre-
vious sentence to apply to such an inquiry,
159
and does not have to provide any addi-
tional proof concerning such inquiry.
‘‘(v) 
CONSEQUENCES
OF
NONVERIFICATION.—
‘‘(I) TERMINATION OR NOTIFICA-
TION OF CONTINUED EMPLOYMENT.—
If the person or other entity has re-
ceived a final nonverification regard-
ing an individual, the person or entity
may terminate employment (or re-
cruitment or referral) of the indi-
vidual. If the person or entity does
not terminate employment (or recruit-
ment or referral) of the individual, the
person or entity shall notify the Attor-
ney General of such fact through the
verification system or in such other
manner as the Attorney General may
specify.
‘‘(II) FAILURE
TO
NOTIFY.—If
the person or entity fails to provide
notice with respect to an individual as
required under subclause (I), the fail-
ure is deemed to constitute a violation
of subsection (a)(1)(B) with respect to
160
that individual and the applicable civil
monetary penalty under subsection
(e)(5) shall be (notwithstanding the
amounts specified in such section) not
less than $1,000 and not more than
$20,000 for each individual with re-
spect to whom such violation occurred.
‘‘(vi) 
CONTINUED
EMPLOYMENT
AFTER
FINAL
NONVERIFICATION.—If the
person or other entity continues to employ
(or to recruit or refer) an individual after
receiving final nonverification, a rebuttable
presumption is created that the person or
entity has violated subsection (a)(1)(A).
The previous sentence shall not apply in
any prosecution under subsection (f)(1).’’.
SEC. 513. EFFECTIVE DATE.
This subtitle shall take effect 2 years after the date
of the enactment of this Act.
Subtitle C—Miscellaneous
SEC. 521. INCREASED INVESTIGATIVE PERSONNEL.
(a) BRINGING IN AND HARBORING CERTAIN ALIENS;
UNLAWFUL EMPLOYMENT OF ALIENS.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such funds
161
as may be necessary to enable the Commissioner of
Immigration and Naturalization to increase, above
the number specified in section 101(a)(2) of the En-
hanced Border Security and Visa Entry Reform Act
of 2002 (Public Law 107–173), the number of inves-
tigators and support personnel to investigate poten-
tial violations of sections 274 and 274A of the Im-
migration and Nationality Act (8 U.S.C. 1324 and
1324a), other than alien smuggling, by a number
equivalent to—
(A) 250 full-time active-duty investigators
in each of fiscal years 2003 through 2006; and
(B) 100 full-time active-duty investigators
in each of fiscal years 2007 through 2010.
(2) ALLOCATION.—At least one-half of the in-
vestigators hired with funds made available under
paragraph (1) shall be assigned to investigate poten-
tial violations of section 274A of the Immigration
and Nationality Act.
(b) VISA OVERSTAYS.—There are authorized to be
appropriated such funds as may be necessary to enable
the Commissioner of Immigration and Naturalization to
increase, above the number specified in section 101(a)(2)
of the Enhanced Border Security and Visa Entry Reform
Act of 2002 (Public Law 107–173), the number of investi-
162
gator and support personnel to investigate aliens who re-
main in the United States beyond the period of stay au-
thorized under their visa by a number equivalent to—
(1) 250 full-time active-duty investigators in
each of fiscal years 2003 through 2006; and
(2) 100 full-time active-duty investigators in
each of fiscal years 2007 through 2010.
SEC. 522. EXPEDITED EXCLUSION.
Section 235(b)(1)(A) (8 U.S.C. 1225(b)(1)(A)) is
amended by striking clauses (i) through (iii) and inserting
the following:
‘‘(i) IN GENERAL.—If an immigration
officer determines that an alien (other
than an alien described in subparagraph
(F)) who is arriving in the United States,
or who has not been admitted or paroled
into the United States and has not been
physically present in the United States
continuously for the 5-year period imme-
diately prior to the date of the determina-
tion of inadmissibility under this para-
graph, 
is 
inadmissible 
under 
section
212(a)(6)(C) or 212(a)(7), the officer shall
order the alien removed from the United
163
States without further hearing or review,
unless—
‘‘(I) the alien has been charged
with a crime; or
‘‘(II) the alien indicates an inten-
tion to apply for asylum under section
208 or a fear of persecution and the
officer determines that the alien has
been physically present in the United
States for less than 1 year.
‘‘(ii) CLAIMS FOR ASYLUM.—If an im-
migration officer determines that an alien
(other than an alien described in subpara-
graph (F)) who is arriving in the United
States, or who has not been admitted or
paroled into the United States and has not
been physically present in the United
States continuously for the 5-year period
immediately prior to the date of the deter-
mination of inadmissibility under this
paragraph, is inadmissible under section
212(a)(6)(C) or 212(a)(7), and the alien
indicates either an intention to apply for
asylum under section 208 or a fear of per-
secution, the officer shall refer the alien
164
for an interview by an asylum officer under
subparagraph (B) if the officer determines
that the alien has been physically present
in the United States for less than 1 year.’’.
SEC. 523. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS.
(a) INELIGIBILITY FOR ADJUSTMENT OF STATUS.—
Section 245(c) (8 U.S.C. 1255(c)) is amended by striking
‘‘(other than an immediate relative as defined in section
201(b) or a special immigrant described in section
101(a)(27)(H), (I), (J), or (K))’’.
(b) INAPPLICABILITY OF CERTAIN PROVISIONS FOR
CERTAIN
IMMIGRANTS.—Section 
245(k) 
(8 
U.S.C.
1255(k)) is amended to read as follows:
‘‘(k) INAPPLICABILITY OF CERTAIN PROVISIONS FOR
CERTAIN IMMIGRANTS.—An alien who is eligible to receive
an immigrant visa under paragraph (1), (2), or (3) of sec-
tion 203(b), as an immediate relative as defined in section
201(b), or, in the case of an alien who is an immigrant
described in subparagraph (C), (H), (I), (J), or (K) of
section 101(a)(27), under section 203(b)(4), may adjust
status pursuant to subsection (a) and notwithstanding
paragraphs (2), (7), and (8) of subsection (c), if—
‘‘(1) the alien, on the date of filing an applica-
tion for adjustment of status, is present in the
United States pursuant to a lawful admission; and
165
‘‘(2) the alien, subsequent to such lawful admis-
sion has not, for an aggregate period exceeding 180
days—
‘‘(A) failed to maintain continuously a law-
ful status;
‘‘(B) engaged in unauthorized employment;
or
‘‘(C) otherwise violated the terms and con-
ditions of the alien’s admission.’’.
SEC. 524. TERMINATION OF CONTINUOUS PRESENCE FOR
PURPOSES OF CANCELLATION OF REMOVAL
UPON COMMISSION OF OFFENSE RENDERING
ALIEN INADMISSIBLE OR DEPORTABLE.
(a) IN GENERAL.—Section 240A(d)(1) (8 U.S.C.
1229b(d)(1)) is amended by striking ‘‘referred to in sec-
tion 212(a)(2)’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to aliens who are in proceedings
under the Immigration and Nationality Act on or after
the date of the enactment of this Act if those proceedings
have not resulted in a final administrative order before
such date.
SEC. 525. REENTRY OF REMOVED ALIENS.
(a) IN
GENERAL.—Section 276(a) (8 U.S.C.
1326(a)) is amended to read as follows:
166
‘‘SEC. 276. (a) Subject to subsection (b), any alien
shall be fined under title 18, United States Code, or im-
prisoned not more than 2 years, or both, who—
‘‘(1) has been denied admission, excluded, de-
ported, or removed or has departed the United
States while an order of exclusion, deportation, or
removal is outstanding; and
‘‘(2) thereafter enters, attempts to enter, or is
at any time found in, the United States,
unless, in the case of an alien previously denied admission
and removed, the alien establishes that the alien was not
required to obtain from the Attorney General advance con-
sent to reapply for admission under this Act or any prior
Act.’’.
(b) CRIMINAL PENALTIES FOR REENTRY OF CER-
TAIN
REMOVED
ALIENS.—Section 276(b) (8 U.S.C.
1326(b)) is amended—
(1) in paragraph (3), by striking ‘‘sentence.’’
and inserting ‘‘sentence;’’; and
(2) in paragraph (4), by striking ‘‘(unless the
Attorney General has expressly consented to such
alien’s reentry)’’.
(c) REENTRY OF ALIENS REMOVED PRIOR TO COM-
PLETION OF IMPRISONMENT.—Section 276(c) (8 U.S.C.
1326(c)) is amended—
167
(1) by inserting ‘‘(as in effect prior to the effec-
tive date of the amendments made by section 305 of
the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996), or removed under section
241(a)(4),’’ after ‘‘242(h)(2)’’;
(2) by striking ‘‘(unless the Attorney General
has expressly consented to such alien’s reentry)’’;
(3) by inserting ‘‘or removal’’ after ‘‘time of de-
portation’’; and
(4) by inserting ‘‘or removed’’ after ‘‘reentry of
deported’’.
(d) CHALLENGE TO VALIDITY OF ORDER.—Section
276(d) (8 U.S.C. 1326(d)) is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘deportation order’’ and inserting ‘‘deporta-
tion or removal order’’; and
(2) in paragraph (2), by inserting ‘‘or removal’’
after ‘‘deportation’’.
(e) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to criminal proceedings involv-
ing aliens who enter, attempt to enter, or are found in
the United States, after such date.
168
SEC. 526. CRIMINAL AND CIVIL PENALTIES FOR ENTRY OF
ALIENS 
AT 
IMPROPER 
TIME 
OR 
PLACE,
AVOIDANCE OF EXAMINATION OR INSPEC-
TION, UNLAWFUL PRESENCE, AND MISREPRE-
SENTATION OR CONCEALMENT OF FACTS.
Section 275 (8 U.S.C. 1325) is amended to read as
follows:
‘‘CRIMINAL AND CIVIL PENALTIES FOR ENTRY OF ALIENS
AT IMPROPER TIME OR PLACE, AVOIDANCE OF EX-
AMINATION OR INSPECTION, UNLAWFUL PRESENCE,
AND
MISREPRESENTATION
OR
CONCEALMENT
OF
FACTS
‘‘SEC. 275. (a) ENTRY
AT IMPROPER TIME
OR
PLACE; AVOIDANCE OF EXAMINATION OR INSPECTION;
UNLAWFUL PRESENCE; MISREPRESENTATION OR CON-
CEALMENT OF FACTS.—Any alien who—
‘‘(1) enters or attempts to enter the United
States at any time or place other than as designated
by immigration officers;
‘‘(2) eludes examination or inspection by immi-
gration officers;
‘‘(3) is knowingly unlawfully present in the
United States for an aggregate period of more than
180 days; or
‘‘(4) attempts to enter or obtains entry to the
United States by a willfully false or misleading rep-
169
resentation or the willful concealment of a material
fact,
shall, for the first commission of any such offense, be fined
under title 18, United States Code, or imprisoned not
more than 2 years, or both, and, for a subsequent commis-
sion of any such offense, be fined under title 18, United
States Code, or imprisoned not more than 10 years, or
both.
‘‘(b) IMPROPER
TIME
OR
PLACE; CIVIL
PEN-
ALTIES.—Any alien who is apprehended while entering (or
attempting to enter) the United States at a time or place
other than as designated by immigration officers shall be
subject to a civil penalty of—
‘‘(1) at least $100 and not more than $10,000
for each such entry (or attempted entry); or
‘‘(2) three times the amount specified in para-
graph (1) in the case of an alien who has been pre-
viously subject to a civil penalty under this sub-
section.
Civil penalties under this subsection are in addition to,
and not in lieu of, any criminal or other civil penalties
that may be imposed.
‘‘(c) MARRIAGE FRAUD.—An individual who know-
ingly enters into a marriage for the purpose of evading
any provision of the immigration laws shall be fined not
170
more than $1,000,000, imprisoned not more than 15
years, or both.
‘‘(d) IMMIGRATION-RELATED ENTREPRENEURSHIP
FRAUD.—Any individual who knowingly established a
commercial enterprise for the purpose of evading any pro-
vision of the immigration laws shall be fined under title
18, United States Code, or imprisoned not more than 15
years, or both.’’.
SEC. 527. COMMUNICATION BETWEEN GOVERNMENT AGEN-
CIES AND THE IMMIGRATION AND NATU-
RALIZATION SERVICE.
Section 642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is
amended by adding at the end the following:
‘‘(d) ENFORCEMENT.—
‘‘(1) INELIGIBILITY
FOR
FEDERAL
LAW
EN-
FORCEMENT AID.—Upon a determination that any
person, or any Federal, State, or local government
agency or entity, is in violation of subsection (a) or
(b), the Attorney General shall not provide to that
person, agency, or entity any grant amount pursuant
to any law enforcement grant program carried out
by any element of the Department of Justice, includ-
ing the program under section 241(i) of the Immi-
gration and Nationality Act (8 U.S.C. 241(i)), and
171
shall ensure that no such grant amounts are pro-
vided, directly or indirectly, to such person, agency,
or entity. In the case of grant amounts that other-
wise would be provided to such person, agency, or
entity pursuant to a formula, such amounts shall be
reallocated among eligible recipients.
‘‘(2) VIOLATIONS
BY
GOVERNMENT
OFFI-
CIALS.—In any case in which a Federal, State, or
local government official is in violation of subsection
(a) or (b), the government agency or entity that em-
ploys (or, at the time of the violation, employed) the
official shall be subject to the sanction under para-
graph (1).
‘‘(3) DURATION.—The sanction under para-
graph (1) shall remain in effect until the Attorney
General determines that the person, agency, or enti-
ty has ceased violating subsections (a) and (b).’’.
SEC. 528. EXCEPTION TO REMOVAL FOR CERTAIN ALIENS.
(a)(1) Section 214(o) (8 U.S.C. 1184(o)) (as redesig-
nated by section 204 of this Act) is amended by adding
at the end the following new paragraph:
‘‘(4) No alien shall be eligible for admission to the
United States under section 101(a)(15)(T) if there is a
substantial reason to believe that the alien voluntarily
came to the United States, except that if the alien is or
172
has been a victim of a severe form of trafficking in the
form of sex trafficking, the alien shall be eligible for ad-
mission under such section unless the alien knew or rea-
sonably should have known when coming to the United
States that the alien would be expected to perform com-
mercial sex acts.’’.
(2) Section 245(l) (8 U.S.C. 1255(l)), as added by
section 107(f) of Public Law 106–386, is amended—
(A) in paragraph (1)(C)(i), by striking ‘‘or’’ at
the end and inserting ‘‘and’’;
(B) by redesignating—
(i) paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(ii) the second paragraph (2) as paragraph
(3);
(C) in paragraph (2)(B), by striking ‘‘(3),
(10)(C), and (10(E)), if the activities rendering the
alien inadmissible under the provision were caused
by, or were incident to,’’ and inserting ‘‘(2), (3), (8),
(9)(A), (10)(C), (10)(D), and (10)(E)), if the activi-
ties rendering the alien inadmissible under the provi-
sion were caused by’’; and
(D) by amending paragraph (5) (as so redesig-
nated) to read as follows:
173
‘‘(5) Upon the approval of adjustment of status under
paragraph (1), the Attorney General shall record the
alien’s lawful admission for permanent residence as of the
date of such approval and the Secretary of State shall re-
duce by one the number of visas authorized to be issued
under sections 201(d) and 203(b)(4) for the fiscal year
then current, unless the number of remaining visas au-
thorized to be issued under section 203(b)(4) for such year
is zero, in which case such reductions shall not be made.’’.
(b)(1) 
Section 
101(a)(15)(U)(iii) 
(8 
U.S.C.
1101(a)(15)(U)(iii)) is amended to read as follows:
‘‘(iii) the criminal activity referred to in this
clause is that involving 1 or more of the following
or any similar activity in violation of Federal, State,
or local criminal law: rape; incest; domestic violence,
sexual assault; abusive sexual contact; sexual exploi-
tation; female genital mutilation; or attempt or con-
spiracy to commit any of the above mentioned
crimes; or’’.
(2) Section 204(a)(1)(C) (8 U.S.C. 1154(a)(1)(C)) is
amended by inserting ‘‘directly’’ before ‘‘connected’’.
(3) Section 214(p)(1) (8 U.S.C. 1184(p)(1)) (as re-
designated by section 204 of this Act) is amended by strik-
ing ‘‘This certification may also be provided by an official
of the Service whose ability to provide such certification
174
is not limited to information concerning immigration viola-
tions.’’.
(4) Section 237(a)(1)(H) (8 U.S.C. 1227(a)(1)(H))
is amended—
(A) by striking clause (ii);
(B) in clause (i), by striking ‘‘(I)’’; and
(C) by redesignating subclause (II) as clause
(ii).
(5) Section 240A (8 U.S.C. 1229b) is amended—
(A) in subsection (b)(2)(A)(ii), by striking ‘‘,
and the issuance of a charging document for removal
proceedings shall not toll the 3-year period of contin-
uous physical presence in the United States’’;
(B) by amending subsection (b)(2)(A)(iv) to
read as follows:
‘‘(iv) the alien is not inadmissible
under paragraph (2), (3), (8), (9)(A),
(10)(C), (10)(D), or (10)(E) of section
212(a), is not deportable under paragraph
(1)(E), (1)(G), or (2) through (4) of sec-
tion 237(a) (except in a case described in
section 237(a)(7) where the Attorney Gen-
eral exercises discretion to grant a waiver),
and has not been convicted of an aggra-
vated felony; and’’; and
175
(C) in subsection (b)(2)(B)—
(i) by inserting ‘‘direct’’ before ‘‘connection
between the absence’’;
(ii) by inserting ‘‘directly’’ before ‘‘con-
nected to the battering or extreme’’; and
(iii) in the third sentence, by inserting
‘‘battery or cruelty-related’’ before ‘‘absences or
portions of the absences’’;
(iv) in subsection (b)(2)(C), by inserting
‘‘directly’’ before ‘‘connected’’;
(v) in subsection (b)(4)(A), by striking
‘‘shall’’ and inserting ‘‘may’’; and
(vi) in subsection (d)(1), by striking ‘‘ex-
cept in the case of an alien who applies for can-
cellation of removal under subsection (b)(2),’’.
(6) Section 245 (8 U.S.C. 1255) is amended by redes-
ignating the subsection (l) that was added by section
1513(f) of Public Law 106–386 as subsection (m) and in
such redesignated subsection—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph
(A), by striking ‘‘section 212(a)(3)(E), unless
the Attorney General determines based on af-
firmative evidence’’ and inserting ‘‘(2), (3), (8),
(9)(A), (10)(C), (10)(D), or (10)(E) of section
176
212(a), unless the Attorney General deter-
mines’’;
(ii) by striking ‘‘and’’ at the end of sub-
paragraph (A);
(iii) by striking subparagraph (B) and in-
serting the following:
‘‘(B) the alien has, throughout such period,
been a person of good moral character; and
‘‘(C) in the opinion of the Attorney General, the
alien or the alien’s spouse, parent, or child, who is
a citizen of the United States or an alien lawfully
admitted for permanent residence, would suffer ex-
treme hardship.’’;
(B) in paragraph (2), by striking ‘‘or unless an
official involved in the investigation or prosecution
certifies that the absence was otherwise justified’’;
and
(C) by amending paragraph (4) to read as fol-
lows:
‘‘(4) Upon the approval of adjustment of status under
paragraph (1) or (3), the Attorney General shall record
the alien’s lawful admission for permanent residence as
of the date of such approval and the Secretary of State
shall reduce by one the number of visas authorized to be
issued under sections 201(d) and 203(b)(4) for the fiscal
177
year then current, unless the number of remaining visas
authorized to be issued under section 203(b)(4) for such
year is zero, in which case such reductions shall not be
made.’’.
SEC. 529. DETENTION FACILITIES.
(a) INCREASING NUMBER OF DETENTION BEDS.—
Subject to the availability of appropriations, the Attorney
General shall provide for a doubling in the detention beds
of the Immigration and Naturalization Service over the
number existing on the date of the enactment of this Act
by the end of fiscal year 2004.
(b) PLACES OF DETENTION FOR ALIENS ARRESTED
PENDING EXAMINATION AND DECISION ON REMOVAL.—
Section 241(g) (8 U.S.C. 1231(g)) is amended by adding
at the end the following:
‘‘(3) POLICY
ON
DETENTION
IN
STATE
AND
LOCAL
DETENTION
FACILITIES.—In carrying out
paragraph (1), the Attorney General shall ensure
that an alien arrested under section 287(a) may be
detained, pending the alien’s being taken for the ex-
amination described in such section, in a State or
local prison, jail, detention center, or other com-
parable facility, if—
178
‘‘(A) such facility is the most suitably lo-
cated Federal, State, or local facility available
for such purpose under the circumstances;
‘‘(B) an appropriate arrangement for such
use of the facility can be made; and
‘‘(C) such facility satisfies the standards
for the housing, care, and security of persons
held in custody of a United States marshal.’’.
SEC. 530. VOLUNTARY DEPARTURE.
(a) IN GENERAL.—Section 240B (8 U.S.C. 1229c)
is amended to read as follows:
‘‘VOLUNTARY DEPARTURE
‘‘SEC. 240B. (a) IN LIEU OF PROCEEDINGS.—The
Attorney General may permit an alien voluntarily to de-
part the United States at the alien’s own expense under
this subsection, in lieu of being subject to proceedings
under section 240 and in lieu of applying for another form
of relief from removal, if the alien is not deportable under
paragraph (2)(A)(iii) or (4)(B) of section 237(a). Permis-
sion to depart voluntarily under this subsection shall not
be valid for a period exceeding 90 days and cannot be ex-
tended. The Attorney General shall require an alien per-
mitted to depart voluntarily under this subsection to post
a voluntary departure bond, in an amount necessary to
ensure that the alien will depart, to be surrendered upon
179
proof that the alien has departed the United States within
the time specified.
‘‘(b) PRIOR TO SCHEDULING MERITS HEARING.—
The Attorney General may permit an alien voluntarily to
depart the United States at the alien’s own expense under
this subsection prior to the scheduling of the first merits
hearing, in lieu of applying for another form of relief from
removal, if the alien is not deportable under paragraph
(2)(A)(iii) or (4)(B) of section 237(a). Permission to de-
part voluntarily under this subsection shall not be valid
for a period exceeding 60 days and cannot be extended.
The Attorney General shall require an alien permitted to
depart voluntarily under this subsection to post a vol-
untary departure bond, in an amount necessary to ensure
that the alien will depart, to be surrendered upon proof
that the alien has departed the United States within the
time specified.
‘‘(c) ONCE FIRST MERITS HEARING SCHEDULED.—
‘‘(1) IN GENERAL.—Once the first merits hear-
ing has been scheduled under section 240, the Attor-
ney General may permit an alien voluntarily to de-
part the United States at the alien’s own expense
under this subsection, in lieu of pursuing another
form of relief from removal, if the immigration judge
180
enters an order granting voluntary departure in lieu
of removal and finds that—
‘‘(A) the alien has been physically present
in the United States for a period of at least one
year immediately preceding the date the notice
to appear was served under section 239(a);
‘‘(B) the alien is, and has been, a person
of good moral character for at least 5 years im-
mediately preceding the alien’s application for
voluntary departure;
‘‘(C) the alien is not deportable under
paragraph (2)(A)(iii) or (4)(B) of section
237(a); and
‘‘(D) the alien has established by clear and
convincing evidence that the alien has the
means to depart the United States and intends
to do so.
‘‘(2) PERIOD.—Permission to depart voluntarily
under this subsection shall not be valid for a period
exceeding 30 days and cannot be extended.
‘‘(3) BOND.—The Attorney General shall re-
quire an alien permitted to depart voluntarily under
this subsection to post a voluntary departure bond,
in an amount necessary to ensure that the alien will
depart, to be surrendered upon proof that the alien
181
has departed the United States within the time spec-
ified.
‘‘(d) ALIENS NOT ELIGIBLE.—The Attorney General
shall not permit an alien to depart voluntarily under this
section if the alien was previously permitted to depart vol-
untarily under section 244(e) or this section, or to volun-
tarily return, at any time.
‘‘(e) THREE-YEAR PILOT PROGRAM WAIVER.—
‘‘(1) IN GENERAL.—During the period October
1, 2000, through September 30, 2003, and subject
to paragraphs (2) and (3)(B), the Attorney General
may, in the discretion of the Attorney General for
humanitarian purposes, waive the time limitations
applicable under subsection (a), (b), or (c) in the
case of an alien—
‘‘(A) who was admitted to the United
States as a nonimmigrant visitor (described in
section 101(a)(15)(B)) under the provisions of
the visa waiver program established pursuant to
section 217, seeks the waiver for the purpose of
continuing to receive medical treatment in the
United States from a physician associated with
a health care facility, and submits to the Attor-
ney General—
182
‘‘(i) a detailed diagnosis statement
from the physician, which includes the
treatment being sought and the expected
time period the alien will be required to re-
main in the United States;
‘‘(ii) a statement from the health care
facility containing an assurance that the
alien’s treatment is not being paid through
any Federal or State public health assist-
ance, that the alien’s account has no out-
standing balance, and that such facility
will notify the Service when the alien is re-
leased or treatment is terminated; and
‘‘(iii) evidence of financial ability to
support the alien’s day-to-day expenses
while in the United States (including the
expenses of any family member described
in subparagraph (B)) and evidence that
any such alien or family member is not re-
ceiving any form of public assistance; or
‘‘(B) who—
‘‘(i) is a spouse, parent, brother, sis-
ter, son, daughter, or other family member
of a principal alien described in subpara-
graph (A); and
183
‘‘(ii) entered the United States accom-
panying, and with the same status as, such
principal alien.
‘‘(2) WAIVER LIMITATIONS.—
‘‘(A) REQUEST.—Waivers under this sub-
section may be granted only upon a request
submitted by a Service district office to Service
headquarters.
‘‘(B) NUMBER.—Not more than 300 waiv-
ers may be granted for any fiscal year for a
principal alien under paragraph (1)(A).
‘‘(C) ACCOMPANYING PERSONS.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), in the case of each
principal alien described in paragraph
(1)(A) not more than one adult may be
granted a waiver under paragraph (1)(B).
‘‘(ii) EXCEPTION.—Not more than
two adults may be granted a waiver under
paragraph (1)(B) in a case in which—
‘‘(I) the principal alien described in
paragraph (1)(A) is a dependent under the
age of 18; or
‘‘(II) one such adult is age 55 or older
or is physically handicapped.
184
‘‘(3) REPORT TO CONGRESS; SUSPENSION OF
WAIVER AUTHORITY.—
‘‘(A) ANNUAL
REPORT.—Not later than
March 30 of each year, the Commissioner shall
submit to the Congress an annual report re-
garding all waivers granted under this sub-
section during the preceding fiscal year.
‘‘(B) SUSPENSION.—Notwithstanding any
other provision of law, the authority of the At-
torney General under this subsection shall be
suspended during any period in which an an-
nual report under subparagraph (A) is past due
and has not been submitted.
‘‘(4) APPLICABILITY.—This subsection shall not
apply to any alien who enters the United States
after the date that is 180 days after the date of the
enactment of the Securing America’s Future
through Enforcement Reform Act of 2002.
‘‘(f) CIVIL PENALTY FOR FAILURE TO DEPART.—If
an alien is permitted to depart voluntarily under this sec-
tion and fails voluntarily to depart the United States with-
in the time period specified, the alien shall be subject to
a civil penalty of not less than $1,000 and not more than
$5,000, and be ineligible for a period of 10 years for any
further relief under this section and sections 240A, 245,
185
248, and 249. The order permitting the alien to depart
voluntarily shall inform the alien of the penalties under
this subsection.
‘‘(g) ADDITIONAL CONDITIONS.—The Attorney Gen-
eral may by regulation limit eligibility for voluntary depar-
ture under this section for any class or classes of aliens.
No court may review any regulation issued under this sub-
section.
‘‘(h) TREATMENT
OF ALIENS ARRIVING
IN
THE
UNITED STATES.—In the case of an alien who is arriving
in the United States and with respect to whom pro-
ceedings under section 240 are (or would otherwise be)
initiated at the time of such alien’s arrival, subsections
(a) through (c) shall not apply. Nothing in this paragraph
shall be construed as preventing such an alien from with-
drawing the application for admission in accordance with
section 235(a)(4).
‘‘(i) REVIEW.—There shall be no administrative or
judicial review of a denial of a request for an order of
voluntary departure. No court or agency shall order a stay
of an alien’s removal pending consideration of any claim
with respect to voluntary departure. The order permitting
the alien to depart voluntarily shall inform the alien that
the alien has no right to appeal any issue relating to the
removal proceeding.’’.
186
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to aliens who are in pro-
ceedings under the Immigration and Nationality Act on
or after such date if those proceedings have not resulted
in a final administrative order before such date.
TITLE VI—ELIMINATING EXCES-
SIVE REVIEW AND DILATORY
AND 
ABUSIVE 
TACTICS 
BY
ALIENS 
IN 
REMOVAL 
PRO-
CEEDINGS
SEC. 601. FRIVOLOUS APPLICATIONS.
(a) IN GENERAL.—Paragraph (6) of section 208(d)
(8 U.S.C. 1158(d)) is amended by adding at the end the
following new sentence: ‘‘As used in this section, the term
‘frivolous application’ means an application that lacks a
reasonably arguable basis either in law or in fact. If an
alien withdraws an application for asylum and pursues an-
other benefit or form of relief under this Act, the alien
shall bear the burden of proving by clear and convincing
evidence, in the adjudication respecting such other benefit
or form of relief, that such asylum application was not
a frivolous application. If the alien fails to carry such bur-
den, the alien shall be permanently ineligible for any ben-
efit under this Act.’’.
187
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to applications for asylum
pending on or after such date if the application has not
resulted in a final administrative order before such date.
SEC. 602. CONTINUANCES; CHANGE OF VENUE.
(a) IN GENERAL.—Section 240(b)(1) (8 U.S.C.
1229a(b)(1)) is amended by adding at the end the fol-
lowing:
‘‘The immigration judge may not grant a continu-
ance to permit an alien to become eligible for relief
under any provision of law. In proceedings under
this section or under section 236, the immigration
judge may not grant a change of venue for an alien
who has not been inspected and admitted or paroled
into the United States. For all other aliens, the im-
migration judge may grant a change of venue only
if the alien demonstrates that the alien cannot ob-
tain a fair proceeding in the current venue.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to continuances and
changes of venue sought after such date.
188
SEC. 603. BURDEN OF PROOF IN ASYLUM PROCEEDINGS.
(a) IN GENERAL.—Section 208(b)(1) (8 U.S.C.
1158(b)(1)) is amended—
(1) by striking ‘‘(1) IN GENERAL.—The Attor-
ney General’’ and inserting the following:
‘‘(1) IF ALIEN IS A REFUGEE.—
‘‘(A) IN
GENERAL.—The Attorney Gen-
eral’’; and
(2) by adding at the end the following:
‘‘(B) BURDEN OF PROOF.—The burden of
proof is on the applicant for asylum to establish
that he or she is a refugee within the meaning
of section 101(a)(42). The testimony of the ap-
plicant, if credible, may be sufficient to sustain
such burden without corroboration. Where it is
reasonable to expect corroborating evidence for
certain alleged facts pertaining to the specifics
of an alien’s claim for asylum, such evidence
must be provided unless a reasonable expla-
nation is given as to why such information is
not presented.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to applications for asylum
pending on or after such date if the application has not
resulted in a final administrative order before such date.
189
SEC. 604. REVIEW OF CONVENTION AGAINST TORTURE
GRANTS AND DENIALS.
(a) IN
GENERAL.—Section 241(b) (8 U.S.C.
1231(b)) is amended by adding at the end the following
new paragraph:
‘‘(4) ELIMINATION OF REVIEW.—A determina-
tion as to whether the removal of an alien to any
country should be withheld or deferred under the
United Nations Convention Against Torture and
Other Cruel, Inhuman, or Degrading Treatment or
Punishment shall be made by the Service District
Director in the district in which the alien resides or
is being detained. Authority to make this determina-
tion shall not be delegated below the level of Assist-
ant District Director. There shall be no administra-
tive or judicial review of a determination of the Dis-
trict Director under this section.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to applications pending
on or after such date if the application has not resulted
in a final administrative order before such date.
190
SEC. 605. TIME LIMIT FOR DECISIONS IN ADMINISTRATIVE
APPEALS.
(a) IN GENERAL.—Chapter 9 of title II of the Act
is amended by inserting after section 294 the following
new section:
‘‘RULES FOR DECISIONS IN ADMINISTRATIVE APPEALS
‘‘SEC. 295. (a) DEADLINE.—A decision in any ad-
ministrative appeal from a decision of an immigration
judge shall be issued not later than 180 days after the
appeal is filed. If the appeal is not decided before such
deadline, the decision of the immigration judge shall be
final, unless the Attorney General certifies the decision for
review.
(b) STANDARD OF REVIEW.—In any administrative
appeal from a decision of an immigration judge, such
judge’s determinations of factual issues, including findings
as to the credibility of testimony, shall be accepted unless
they are clearly erroneous.’’.
(b) CLERICAL AMENDMENT.—The table of contents
of the Immigration and Nationality Act is amended by in-
serting after the item relating to section 294 the following:
‘‘Sec. 295. Rules for decisions in administrative appeals.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to decisions appealed on or
after such date.
191
SEC. 606. REVIEW OF ASYLUM CLAIMS.
(a) JUDICIAL REVIEW.—
(1) IN GENERAL.—Section 208 (8 U.S.C. 1158)
is amended by adding at the end the following:
‘‘(e) LIMITATION ON JUDICIAL REVIEW.—No court
shall have jurisdiction to review any decision of the Attor-
ney General under this section.’’.
(2) CONFORMING AMENDMENTS.—Section 242
(8 U.S.C 1252) is amended—
(A) in subsection (a)(2)(B)(i), by inserting
‘‘208,’’ before ‘‘212(h),’’;
(B) in subsection (a)(2)(B)(ii), by striking
‘‘General,’’ and all that follows through the pe-
riod at the end and inserting ‘‘General.’’; and
(C) in subsection (b)(4)—
(i) in subparagraph (B), by adding
‘‘and’’ at the end;
(ii) in subparagraph (C), by striking
‘‘, and’’ at the end and inserting a period;
and
(iii) by striking subparagraph (D).
(b) LIMITATION
ON
ASYLUM
OFFICE.—Section
208(d) (8 U.S.C. 1158(d)) is amended by adding at the
end the following:
‘‘(8) OTHER PROCEDURAL MATTERS.—
192
‘‘(A) DETERMINATION
OF
LAWFUL
STA-
TUS.—
‘‘(i) IN GENERAL.—In the case of an
alien who is physically present in the
United States and who has applied to the
Service for asylum, the Service shall deter-
mine whether the alien is inadmissible or
deportable before the Service prepares to
schedule the applicant for an asylum inter-
view. If the Service determines that the
alien is not inadmissible or deportable, the
Service shall adjudicate the asylum appli-
cation and render a decision granting or
denying asylum. If the Service determines
that the alien is inadmissible or deportable
before the Service prepares to schedule an
interview, the Service shall place the alien
in removal proceedings without adjudi-
cating the asylum application. The alien
may then pursue such application in such
proceedings.
‘‘(ii) REVIEW
OF
SERVICE
DETER-
MINATIONS.—If an alien’s asylum applica-
tion has been denied by the Service, in any
administrative or judicial appeal from such
193
denial, the Service’s determinations of fac-
tual issues, including findings as to the
credibility of testimony, shall be accepted
into evidence.
‘‘(B) RECORDING
OF
INTERVIEWS.—The
Service shall record asylum interviews and in-
clude any such recording in the applicant’s file
and record of proceedings.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to decisions rendered on or
after such date.
SEC. 607. JUDICIAL REVIEW.
(a) ORDERS AGAINST CRIMINAL ALIENS.—Subpara-
graph (C) of section 242(a)(2) (8 U.S.C. 1252(a)(2)) is
amended—
(1) by striking ‘‘no court shall have jurisdic-
tion’’ and inserting ‘‘including section 2241 of title
28, United States Code, no court shall have jurisdic-
tion, except as provided in this section,’’; and
(2) by adding at the end the following: ‘‘Such
review shall be limited to constitutional challenges or
statutory claims involving pure issues of law,’’.
(b) VENUE FOR REVIEW OF ORDERS OF REMOVAL.—
Section 242(b)(2) (8 U.S.C. 1252(b)(2)) is amended by
194
striking ‘‘with the court of appeals for the judicial circuit
in which the immigration judge completed the pro-
ceedings.’’ and inserting ‘‘with the United States Court
of Appeals for the District of Columbia Circuit.’’.
(c) FEDERAL CIRCUIT COURT APPEALS.—
(1) IN GENERAL.—Title I of the Act is amended by
inserting after section 105 the following:
‘‘RULES FOR DECISIONS IN ADMINISTRATIVE APPEALS
‘‘SEC. 106. Notwithstanding any other provision of
law, the final order of a district court of the United States
in any proceeding under this Act, or under any other im-
migration law of the United States, shall be subject to re-
view, on appeal, by the United States Court of Appeals
for the District of Columbia Circuit. There shall be no
right of appeal in such proceedings to any other circuit
court of appeals. The law applied by the Supreme Court,
and the United States Court of Appeals for the District
of Columbia Circuit, shall be regarded as the rule of deci-
sion in any proceeding under this Act.’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents of the Immigration and Nationality Act is
amended by inserting after the item relating to sec-
tion 105 the following:
‘‘Sec. 106. Federal circuit court appeals.’’.
195
TITLE 
VII—VERIFICATION 
OF
CITIZENSHIP OF VOTERS IN
FEDERAL ELECTIONS
SEC. 701. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—The Attorney General, in con-
sultation with the Commissioner of Social Security and the
Commissioner of the Immigration and Naturalization
Service, shall establish a Citizenship Verification Program
(hereafter in this title referred to as the ‘‘Program’’)
under which they shall respond to citizenship verification
inquiries made by the chief election official of any State
to verify the United States citizenship of an individual ap-
plying to register to vote, or registered to vote, in elections
for Federal office in the State.
(b) INFORMATION REQUIRED TO BE PROVIDED BY
ELECTION OFFICIALS.—
(1) IN GENERAL.—In order to make an inquiry
through the Program with respect to an individual,
an election official shall provide the name, date of
birth, and social security account number of the in-
dividual.
(2) AUTHORITY TO USE SOCIAL SECURITY AC-
COUNT NUMBERS.—The chief election official of a
State shall, for the purpose of making inquiries
under the Program, use the social security account
196
numbers issued by the Commissioner of Social Secu-
rity, and shall, for such purpose, require any indi-
vidual who is or appears to be affected by a voter
registration law of such State (or political subdivi-
sion thereof) to furnish to such official the social se-
curity account number (or numbers, if the individual
has more than one such number) issued to the indi-
vidual by the Commissioner.
(c) FEATURES OF PROGRAM.—
(1) IN GENERAL.—The Program shall be de-
signed and operated—
(A) to respond to an inquiry concerning
citizenship only in a case where determining
whether an individual is a citizen of the United
States is necessary for determining whether the
individual is eligible to vote in an election for
Federal office;
(B) in a manner that is uniform, non-
discriminatory, and in compliance with the Vot-
ing Rights Act of 1965 (42 U.S.C. 1973 et
seq.);
(C) to maximize its reliability and ease of
use, consistent with insulating and protecting
the privacy and security of the underlying infor-
mation;
197
(D) to permit inquiries to be made to the
program through a toll-free telephone line or
other toll-free electronic media;
(E) to respond to all inquiries made by au-
thorized persons;
(F) with appropriate administrative, tech-
nical, and physical safeguards to prevent unau-
thorized disclosure of personal information, in-
cluding violations of the requirements of section
205(c)(2)(C)(viii) of the Social Security Act;
and
(G) to have reasonable safeguards against
the Program’s resulting in unlawful discrimina-
tory practices based on national origin, includ-
ing the selective or unauthorized use of the pro-
gram.
(2) 
USE
OF
EMPLOYMENT
ELIGIBILITY
VERIFICATION SYSTEM.—To the extent practicable,
in establishing the verification system used under
the Program, the Attorney General, in consultation
with the Commissioner of Social Security, shall use
the employment eligibility verification system estab-
lished under section 274A(b)(7) of the Immigration
and Nationality Act, as added by section 511 of this
Act.
198
SEC. 702. RESPONSES TO INQUIRIES.
(a) IN GENERAL.—The Program shall provide for a
verification or a nonverification of an individual’s United
States citizenship by the Commissioner of Social Security
or the Commissioner of the Immigration and Naturaliza-
tion Service as soon as practicable after an initial inquiry
to the Attorney General.
(b) NOTICE TO INDIVIDUAL OF NONVERIFICATION.—
If the chief election official of a State receives a notice
under subsection (a) of nonverification of an individual’s
United States citizenship, the official shall provide the in-
dividual with a written notice of such nonverification, and
shall include in the notice a description of the individual’s
right to use the process provided under section 704(c) for
the prompt correction of erroneous information in the Pro-
gram.
(c) REJECTION OF APPLICATION.—If the chief elec-
tion official of a State receives a notice under subsection
(a) of nonverification of the United States citizenship of
an individual who is an applicant for voter registration in
the State, the official shall reject the application (subject
to the right to reapply), but only if each of the following
conditions has been satisfied:
(1) The 30-day period beginning on the date
notice of nonverification was mailed or otherwise
199
provided to the individual pursuant to subsection (b)
has elapsed.
(2) During such 30-day period, the official did
not receive adequate verification of the individual’s
United States citizenship from the Program, pursu-
ant to a new inquiry to the Program made by the
official upon receipt of information (from the indi-
vidual or through any other reliable source) that er-
roneous or incomplete material information pre-
viously in the Program has been updated, supple-
mented, or corrected.
(d) REMOVAL OF INELIGIBLE REGISTRANTS.—
(1) IN GENERAL.—If the chief election official
of a State receives a notice under subsection (a) of
nonverification of the United States citizenship of an
individual who is registered to vote in elections for
Federal office in the State, the official shall remove
the name of the individual from the official list of
eligible voters for elections for Federal office in the
State (subject to the right to submit another voter
registration application), but only if each of the fol-
lowing conditions has been satisfied:
(A) The 30-day period beginning on the
date notice of nonverification was mailed or
200
otherwise provided to the individual pursuant to
subsection (b) has elapsed.
(B) During such 30-day period, the official
did not receive adequate verification of the citi-
zenship of the individual under subsection
(c)(2).
(2) 
CONFORMING
AMENDMENT.—Section
8(a)(3) of the National Voter Registration Act of
1993 (42 U.S.C. 1973gg–6(a)(3)) is amended—
(A) by striking ‘‘; or’’ at the end of sub-
paragraph (B) and inserting a comma;
(B) by striking the semicolon at the end of
subparagraph (C) and inserting ‘‘, or’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(D) in accordance with the citizenship
verification program established and operated
under title VII of the Securing America’s Fu-
ture through Enforcement Reform Act of
2002;’’.
SEC. 703. REQUIRING VERIFICATION OF CITIZENSHIP OF
REGISTERED VOTERS AND APPLICANTS.
(a) REQUIRING INQUIRIES TO BE MADE UNDER
PROGRAM FOR REGISTRANTS.—
201
(1) IN
GENERAL.—Not later than June 1,
2003, the chief election official of each State shall
submit a citizenship verification inquiry through the
Program with respect to each individual who is reg-
istered to vote in elections for Federal office in the
State as of such date.
(2) REMOVAL
OF
REGISTRANTS
WITHOUT
VERIFIED
CITIZENSHIP.—In accordance with the
procedures described in section 702(d), the chief
election official of each State shall remove from the
list of individuals eligible to vote in elections for
Federal office in the State any individual who is the
subject of an inquiry under paragraph (1) whose
United States citizenship is not verified under the
Program.
(b) REQUIRING INQUIRIES TO BE MADE UNDER
PROGRAM FOR NEW APPLICANTS FOR VOTER REGISTRA-
TION.—
(1) IN GENERAL.—The chief election official of
each State shall submit a citizenship verification in-
quiry through the Program with respect to each in-
dividual who, on or after the date on which the offi-
cial submits inquiries under subsection (a), applies
to register to vote in elections for Federal office in
the State.
202
(2) PROHIBITING
REGISTRATION
OF
INDIVID-
UALS WITHOUT VERIFIED CITIZENSHIP.—The chief
election official of a State may not accept a voter
registration application submitted by an individual
whose United States citizenship is not verified under
the Program.
(3) SPECIAL
RULE
FOR
STATES
PERMITTING
INDIVIDUALS TO REGISTER ON OR NEAR DATE OF
ELECTION.—In the case of a State which, under law
in effect continuously on and after January 1, 2003,
permits an individual to register to vote in an elec-
tion for Federal office fewer than 60 days before the
date of the election (including at the polling place at
the time of voting in the election), the following
rules shall apply with respect to such individual’s ap-
plication for registration:
(A) Notwithstanding paragraph (2), the in-
dividual shall be permitted to register to vote
and vote in the election (if the individual is oth-
erwise eligible to register to vote and vote under
applicable State law).
(B) On the day after the date of the elec-
tion, the chief State election official shall sub-
mit a citizenship verification inquiry with re-
spect to the individual through the Program.
203
The official may not submit the inquiry with re-
spect to the individual prior to such date.
(C) An election official at the polling place
shall transfer the ballot cast by the individual
to an appropriate State or local election official
to be set aside until the individual’s citizenship
can be verified under the Program.
(D) As soon as practicable after receiving
the inquiry, the program shall provide the chief
election official of the State with verification or
nonverification of the individual’s United States
citizenship.
(E) Upon verification of the individual’s
United States citizenship through the program
(including verification resulting from the indi-
vidual’s correction of erroneous information
pursuant to section 704(c)), the State shall ac-
cept the individual’s voter registration applica-
tion and the individual’s vote shall be tabulated.
(c) REQUIRING NEW APPLICANTS REGISTERING TO
VOTE TO PROVIDE INFORMATION.—
(1) REGISTRATION
WITH
APPLICATION
FOR
DRIVER’S LICENSE.—
204
(A) IN GENERAL.—Section 5(c)(2) of the
National Voter Registration Act of 1993 (42
U.S.C. 1973gg–3(c)(2)) is amended—
(i) by striking ‘‘and’’ at the end of
subparagraph (D);
(ii) by striking the period at the end
of subparagraph (E) and inserting ‘‘;
and’’; and
(iii) by adding at the end the fol-
lowing new subparagraph:
‘‘(F) shall require the applicant to provide the
applicant’s Social Security number.’’.
(B) CONFORMING
AMENDMENT.—Section
5(c)(2)(A) of such Act (42 U.S.C. 1973gg–
3(c)(2)(A)) is amended by inserting after ‘‘sub-
paragraph (C)’’ the following: ‘‘, or the infor-
mation described in subparagraph (F)’’.
(2) MAIL
REGISTRATION.—Section 9(b)(1) of
such Act (42 U.S.C. 1973gg–7(b)(1)) is amended by
striking ‘‘may require only such identifying informa-
tion’’ and inserting the following: ‘‘shall require the
applicant to provide the applicant’s Social Security
number, and may require only such additional iden-
tifying information’’.
205
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply with respect to appli-
cants registering to vote in elections for Federal of-
fice after the expiration of the 90-day period which
begins on the date of the enactment of this Act.
SEC. 704. RESPONSIBILITIES OF FEDERAL OFFICIALS.
(a) RESPONSIBILITIES OF THE COMMISSIONER OF
SOCIAL SECURITY.—As part of the Program, the Commis-
sioner of Social Security shall establish a reliable, secure
method which compares the name, date of birth, and social
security account number provided in an inquiry against
such information maintained by the Commissioner, in
order to verify (or not verify) the correspondence of the
name, date of birth, and number provided and whether
the individual is shown as a citizen of the United States
on the records maintained by the Commissioner (including
whether such records show that the individual was born
in the United States). The Commissioner shall not disclose
or release social security information (other than such
verification or nonverification).
(b) RESPONSIBILITIES OF THE COMMISSIONER OF
THE IMMIGRATION AND NATURALIZATION SERVICE.—As
part of the Program, the Commissioner of the Immigra-
tion and Naturalization Service shall establish a reliable,
secure method which compares the name and date of birth
206
which are provided in an inquiry against information
maintained by the Commissioner in order to verify (or not
verify) the validity of the information provided, the cor-
respondence of the name and date of birth, and whether
the individual is a citizen of the United States.
(c) UPDATING INFORMATION.—The Commissioner of
Social Security and the Commissioner of the Immigration
and Naturalization Service shall each update the informa-
tion maintained under the Program in a manner that pro-
motes the maximum accuracy of the Program and shall
each provide a process for the prompt correction of erro-
neous information, including instances in which the Com-
mission is made aware of erroneous information under the
Program as a result of any action taken by an individual
upon receipt of a written notice of nonverification under
section 702(b).
SEC. 705. LIMITATION ON USE OF THE PROGRAM AND ANY
RELATED SYSTEMS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, nothing in this subtitle shall be construed to
permit or allow any department, bureau, or other agency
of the United States Government to utilize any informa-
tion, data base, or other records assembled under the Pro-
gram for any other purpose other than as provided for
under this subtitle.
207
(b) NO NATIONAL IDENTIFICATION CARD.—Nothing
in this subtitle shall be construed to authorize, directly or
indirectly, the issuance or use of national identification
cards or the establishment of a national identification
card.
SEC. 706. ENFORCEMENT.
(a) CIVIL ACTION BY ATTORNEY GENERAL.—The
Attorney General may bring a civil action in an appro-
priate district court for such declaratory or injunctive re-
lief as is necessary to carry out this title.
(b) PRIVATE RIGHT OF ACTION.—(1) A person who
is aggrieved by a violation of this title may provide written
notice of the violation to the chief election official of the
State involved.
(2) If the violation is not corrected within 90 days
after receipt of a notice under paragraph (1), or within
20 days after receipt of the notice if the violation occurred
within 120 days before the date of an election for Federal
office, the aggrieved person may bring a civil action in an
appropriate district court for declaratory or injunctive re-
lief with respect to the violation.
(3) If the violation occurred within 30 days before
the date of an election for Federal office, the aggrieved
person need not provide notice to the chief election official
208
of the State under paragraph (1) before bringing a civil
action under paragraph (2).
(c) ATTORNEY’S FEES.—In a civil action under this
section, the court may allow the prevailing party (other
than the United States) reasonable attorney’s fees, includ-
ing litigation expenses, and costs.
(d) CRIMINAL PENALTIES.—A person, including an
election official, who knowingly and willfully deprives, de-
frauds, or attempts to deprive or defraud any individual
who is a citizen of the United States of the right to reg-
ister to vote through the operation of the Program or
through any other action taken pursuant to this title shall
be fined in accordance with title 18, United States Code,
or imprisoned not more than 5 years, or both.
(e) RELATION TO OTHER LAWS.—(1) The rights and
remedies established by this section are in addition to all
other rights and remedies provided by law, and neither
the rights and remedies established by this section nor any
other provision of this title shall supersede, restrict, or
limit the application of the Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.).
(2) Nothing in this title authorizes or requires con-
duct that is prohibited by the Voting Rights Act of 1965
(42 U.S.C. 1973 et seq.).
209
SEC. 707. CHIEF ELECTION OFFICIAL DEFINED.
In this title, the term ‘‘chief election official’’ means,
with respect to a State, the individual designated by the
State under section 10 of the National Voter Registration
Act of 1993 (42 U.S.C. 1973gg–8) to be responsible for
coordination of the State’s responsibilities under such Act.
SEC. 708. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the De-
partment of Justice, the Immigration and Naturalization
Service, and the Social Security Administration for fiscal
year and each succeeding fiscal year such sums as may
be necessary to carry out the provisions of this title.
TITLE VIII—REFORMING LEGAL
IMMIGRATION
Subtitle A—Promotion of
Citizenship
SEC. 801. OFFICE OF CITIZENSHIP ESTABLISHED; CHANGES
IN NATURALIZATION REQUIREMENTS.
(a) OFFICE OF CITIZENSHIP.—There is established
in the Immigration and Naturalization Service an office
to be known as the ‘‘Office of Citizenship’’. The head of
such office shall be the Chief of the Office of Citizenship.
The Chief shall be responsible for—
(1) promoting instruction and training on citi-
zenship responsibilities for aliens interested in be-
210
coming naturalized citizens of the United States, in-
cluding the development of educational materials;
(2) furthering efforts by such aliens to acquire,
in order to be eligible for naturalization—
(A) an understanding of the English lan-
guage;
(B) a knowledge and understanding of the
fundamentals of the history, and the principles
and form of government, of the United States;
(C) an understanding of, and attachment
to, the principles of the Constitution of the
United States; and
(D) an understanding of the oath of alle-
giance required under section 337(a) of the Im-
migration and Nationality Act (8 U.S.C.
1448(a));
(3) communicating and coordinating with the
heads of other Federal agencies and programs in-
volved with civic education and the promotion of
civic interests, such as the English as a Second Lan-
guage civics program at the Department of Edu-
cation; and
(4) promoting, through conferences, training
materials, and other materials, the familiarity of
aliens seeking to naturalize with the political and
211
civic privileges and responsibilities of United States
citizens.
(b) STUDY OF NATURALIZATION EXAMINATION.—
(1) IN GENERAL.—The Chief of the Office of
Citizenship shall conduct a study of the scope and
nature of the examination of applicants for natu-
ralization. The study shall analyze the value of the
questions on the exam, and recommend questions
that ought to be eliminated and new questions that
ought to be included. The study shall recommend
new questions to be included that gauge an appli-
cant’s understanding of the principles in the oath of
allegiance required under section 337(a) of the Im-
migration and Nationality Act (8 U.S.C. 1448(a)).
(2) CIVICS COURSE.—The study shall also ana-
lyze and make recommendations as to whether appli-
cants for naturalization ought to be required to com-
plete a course in civic education.
(3) REPORT.—Not later than 6 months after
his or her appointment, the Chief of the Office of
Citizenship shall submit a report to the Congress
containing the results of the study conducted under
this subsection. The report shall also contain a pro-
posed revised examination to be administered to ap-
plicants for naturalization that reflects the rec-
212
ommendations developed through the study. In de-
veloping the proposed examination, the Chief of the
Office of Citizenship shall consult with interested
groups specializing in immigration issues, civics or-
ganizations, patriotic associations, and veterans’
groups.
(c) REQUIRING APPLICANTS FOR NATURALIZATION
TO UNDERSTAND OATH.—
(1) REQUIREMENTS
FOR
NATURALIZATION.—
Section 312(a) (8 U.S.C. 1423(a)) is amended—
(A) in paragraph (1), by striking ‘‘and’’ at
the end;
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) an understanding of the oath of allegiance
required under section 337(a).’’.
(2) EXAMINATION.—Section 332(a) (8 U.S.C.
1443(a)) is amended by inserting before ‘‘ability’’
the following: ‘‘understanding of the oath of alle-
giance required under section 337(a),’’.
(c) CONTENTS OF CERTIFICATE OF NATURALIZA-
TION.—Section 338 (8 U.S.C. 1449) is amended by insert-
ing before ‘‘and the seal’’ the following: ‘‘the oath of alle-
giance required under section 337(a); a statement that the