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immigrants under section 101(a)(15)(5)(ii) of such Act) is
amended—
(1) by striking ‘‘100’’ and inserting ‘‘200’’; and
(2) by striking ‘‘25’’ and inserting ‘‘50’’.
Subtitle B—Other Control Measures
PART 1—PAROLE AUTHORITY
SEC. 191. USABLE ONLY ON A CASE-BY-CASE BASIS FOR HU-
MANITARIAN REASONS OR SIGNIFICANT PUB-
LIC BENEFIT.
Section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)) is amend-
ed by striking ‘‘for emergent reasons or for reasons deemed
strictly in the public interest’’ and inserting ‘‘on a case-
by-case basis for urgent humanitarian reasons or signifi-
cant public benefit’’.
SEC. 192. INCLUSION IN WORLDWIDE LEVEL OF FAMILY-
SPONSORED IMMIGRANTS.
(a) IN GENERAL.—Section 201(c) (8 U.S.C. 1151(c))
is amended—
(1) by amending paragraph (1)(A)(ii) to read as
follows:
‘‘(ii) the sum of the number computed under
paragraph (2) and the number computed under para-
graph (4), plus’’; and
(2) by adding at the end the following new para-
graphs:
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‘‘(4) The number computed under this paragraph for
a fiscal year is the number of aliens who were paroled into
the United States under section 212(d)(5) in the second pre-
ceding fiscal year and who did not depart from the United
States within 365 days.
‘‘(5) If any alien described in paragraph (4) is subse-
quently admitted as an alien lawfully admitted for perma-
nent residence, such alien shall not again be considered for
purposes of paragraph (1).’’.
(b) INCLUSION OF PAROLED ALIENS.—Section 202 (8
U.S.C. 1152) is amended by adding at the end the following
new subsection:
‘‘(f)(1) For purposes of subsection (a)(2), an immi-
grant visa shall be considered to have been made available
in a fiscal year to any alien who is not an alien lawfully
admitted for permanent residence but who was paroled into
the United States under section 212(d)(5) in the second pre-
ceding fiscal year and who did not depart from the United
States within 365 days.
‘‘(2) If any alien described in paragraph (1) is subse-
quently admitted as an alien lawfully admitted for perma-
nent residence, an immigrant visa shall not again be con-
sidered to have been made available for purposes of sub-
section (a)(2).’’.
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PART 2—ASYLUM
SEC. 193. TIME LIMITATION ON ASYLUM CLAIMS.
(a) Section 208(a) (8 U.S.C. 1158(a)) is amended—
(1) by striking ‘‘The’’ and inserting the follow-
ing: ‘‘(1) Except as provided in paragraph (2), the’’;
and
(2) by adding at the end the following:
‘‘(2)(A) An application for asylum filed for the first
time during an exclusion or deportation proceeding shall
not be considered if the proceeding was commenced more
than one year after the alien’s entry or admission into the
United States.
‘‘(B) An application for asylum may be considered,
notwithstanding subparagraph (A), if the applicant shows
good cause for not having filed within the specified period
of time.’’.
(b) As used in this section, ‘‘good cause’’ may include,
but is not limited to, circumstances that changed after the
applicant entered the United States and that are relevant
to the applicant’s eligibility for asylum; physical or mental
disability; threats of retribution against the applicant’s rel-
atives abroad; attempts to file affirmatively that were suc-
cessful because of technical defects; efforts to seek asylum
that were delayed by the temporary unavailability of pro-
fessional assistance; the illness or death of the applicant’s
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legal representative; or other extenuating circumstances as
determined by the Attorney General.
SEC. 194. LIMITATION ON WORK AUTHORIZATION FOR ASY-
LUM APPLICANTS.
Section 208 (8 U.S.C. 1158), as amended by this Act,
is further amended by adding at the end the following new
subsection:
‘‘(f)(1) An applicant for asylum may not engage in
employment in the United States unless such applicant has
submitted an application for employment authorization to
the Attorney General and, subject to paragraph (2), the At-
torney General has granted such authorization.
‘‘(2) The Attorney General may deny any application
for, or suspend or place conditions on any grant of, author-
ization for any applicant for asylum to engage in employ-
ment in the United States.’’.
SEC. 195. INCREASED RESOURCES FOR REDUCING ASYLUM
APPLICATION BACKLOGS.
(a) PURPOSE AND PERIOD OF AUTHORIZATION.—For
the purpose of reducing the number of applications pending
under sections 208 and 243(h) of the Immigration and Na-
tionality Act (8 U.S.C. 1158 and 1253) as of the date of
the enactment of this Act, the Attorney General shall have
the authority described in subsection (b) for a period of two
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years, beginning 90 days after the date of the enactment
of this Act.
(b) PROCEDURES
FOR PROPERTY ACQUISITION
ON
LEASING.—Notwithstanding the Federal Property and Ad-
ministrative Services Act of 1949 (40 U.S.C. 471 et seq.),
the Attorney General is authorized to expend out of funds
made available to the Department of Justice for the admin-
istration of the Immigration and Nationality Act such
amounts as may be necessary for the leasing or acquisition
of property to carry out the purpose described in subsection
(a).
PART 3—CUBAN ADJUSTMENT ACT
SEC. 196. REPEAL AND EXCEPTION.
(a) REPEAL.—Subject to subsection (b), Public Law
89–732, as amended, is hereby repealed.
(b) Notwithstanding any other provision of this Act,
the repeal of Public Law 89–732 made by this Act shall
become effective only upon a determination by the President
under section 203(c)(3) of the Cuban Liberty and Demo-
cratic Solidarity (LIBERTAD) Act of 1996 that a demo-
cratically elected government in Cuba is in power.
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Subtitle C—Effective Dates
SEC. 197. EFFECTIVE DATES.
Except as otherwise provided in this title, and the
amendments made by this title, shall take effect on the date
of the enactment of this Act.
TITLE II—FINANCIAL
RESPONSIBILITY
Subtitle A—Receipt of Certain
Government Benefits
SEC. 201. INELIGIBILITY OF EXCLUDABLE, DEPORTABLE,
AND NONIMMIGRANT ALIENS.
(a) PUBLIC ASSISTANCE AND BENEFITS.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law, an ineligible alien (as defined in
subsection (f)(2)) shall not be eligible to receive—
(A) any benefits under a public assistance
program (as defined in subsection (f)(3)), ex-
cept—
(i) emergency medical services under
title XIX of the Social Security Act,
(ii) subject to paragraph (4), prenatal
and postpartum services under title XIX of
the Social Security Act,
(iii) short-term emergency disaster re-
lief,
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(vi) such other service or assistance
(such as soup kitchens, crisis counseling,
intervention (including intervention for do-
mestic violence), and short-term shelter) as
the Attorney General specifies, in the Attor-
ney General’s sole and unreviewable discre-
tion, after consultation with the heads of
appropriate Federal agencies, if—
(I) such service or assistance is
delivered at the community level, in-
cluding through public or private non-
profit agencies;
(II) such service or assistance is
necessary for the protection of life, safe-
ty, or public health; and
(III) such service or assistance or
the amount or cost of such service or
assistance is not conditioned on the re-
cipient’s income or resources; or
(B) any grant, contract, loan, professional
license, or commercial license provided or funded
by any agency of the United States or any State
or local government entity, except—
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‘‘(i) if the alien is a nonimmigrant
alien authorized to work in the United
States—
‘‘(I) any professional or commer-
cial license required to engage in such
work, if the nonimmigrant is otherwise
qualified for such license; or
‘‘(II) any contract provided or
funded by such an agency or entity; or
‘‘(ii) if the alien is an alien who is
outside of the United States, any contract
provided or funded by such an agency or
entity.’’.
(2) BENEFITS OF RESIDENCE.—Notwithstanding
any other provision of law, no State or local govern-
ment entity shall consider any ineligible alien as a
resident when to do so would place such alien in a
more favorable position, regarding access to, or the
cost of, any benefit or government service, except ele-
mentary or secondary education, than a United
States citizen who is not regarded as such a resident.
(3) NOTIFICATION OF ALIENS.—
(A) IN GENERAL.—The agency administer-
ing a program referred to in paragraph (1)(A)
or providing benefits referred to in paragraph
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(1)(B) shall, directly or, in the case of a Federal
agency, through the States, notify individually
or by public notice, all ineligible aliens who are
receiving benefits under a program referred to in
paragraph (1)(A), or are receiving benefits re-
ferred to in paragraph (1)(B), as the case may
be, immediately prior to the date of the enact-
ment of this Act and whose eligibility for the
program is terminated by reason of this sub-
section.
(B) FAILURE TO GIVE NOTICE.—Nothing in
subparagraph (A) shall be construed to require
or authorize continuation of such eligibility if
the notice required by such paragraph is not
given.
(4) LIMITATION ON PREGNANCY SERVICES FOR
UNDOCUMENTED ALIENS.—
(A) 3-YEAR CONTINUOUS RESIDENCE.—An
ineligible alien may not receive the services de-
scribed in paragraph (1)(A)(ii) unless such alien
can establish proof of continuous residence in the
United States for not less than 3 years, as deter-
mined in accordance with section 245a.2(d)(3) of
title 8, Code of Federal Regulations as in effect
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on the day before the date of the enactment of
this Act.
(B) LIMITATION
ON
EXPENDITURES.—Not
more than $120,000,000 in outlays may be ex-
pended under title XIX of the Social Security
Act for reimbursement of services described in
paragraph (1)(A)(ii) that are provided to indi-
viduals described in subparagraph (A).
(C) CONTINUED
SERVICES
BY
CURRENT
STATES.—States that have provided services de-
scribed in paragraph (1)(A)(ii) for a period of 3
years before the date of the enactment of this Act
shall continue to provide such services and shall
be reimbursed by the Federal Government for the
costs incurred in providing such services. States
that have not provided such services before the
date of the enactment of this Act, but elect to
provide such services after such date, shall be re-
imbursed for the costs incurred in providing such
services. In no case shall States be required to
provide services in excess of the amounts pro-
vided in subparagraph (B).
(b) 
UNEMPLOYMENT
BENEFITS.—Notwithstanding
any other provision of law, only eligible aliens who have
been granted employment authorization pursuant to Fed-
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eral law, and United States citizens or nationals, may re-
ceive unemployment benefits payable out of Federal funds,
and such eligible aliens may receive only the portion of such
benefits which is attributable to the authorized employment.
(c) SOCIAL SECURITY BENEFITS.—(1) Section 202 of
the Social Security Act (42 U.S.C. 402) is amended by add-
ing at the end the following new subsection:
‘‘Limitation on Payments to Aliens
‘‘(y)(1) Notwithstanding any other provision of law
and except as provided in paragraph (2), no monthly bene-
fit under this title shall be payable to any alien in the Unit-
ed States for any month during which such alien is not
lawfully present in the United States as determined by the
Attorney General.
‘‘(2) Paragraph (1) shall not apply in any case where
entitlement to such benefit is based on an application filed
before the date of the enactment of this subsection.’’.
(2) Nothing in this subsection (c) shall affect any obli-
gation or liability of any individual or employer under title
21 of subtitle C of the Internal Revenue Code.
(3) No more than eighteen months following enactment
of this Act, the Comptroller General is directed to conduct
and complete a study of whether, and to what extent, indi-
viduals who are not authorized to work in the United States
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are qualifying for Old Age, Survivors, and Disability In-
surance (OASDI) benefits based on their earnings record.
(d) HOUSING ASSISTANCE PROGRAMS.—Not later than
90 days after the date of the enactment of this Act, the Sec-
retary of Housing and Urban Development shall submit a
report to the Committee on the Judiciary and the Commit-
tee on Banking, Housing, and Urban Affairs of the Senate,
and the Committee on the Judiciary and the Committee on
Banking and Financial Services of the House of Represent-
atives, describing the manner in which the Secretary is en-
forcing section 214 of the Housing and Community Devel-
opment Act of 1980 (Public Law 96–399; 94 Stat. 1637)
and containing statistics with respect to the number of indi-
viduals denied financial assistance under such section.
(e) NONPROFIT, CHARITABLE ORGANIZATIONS.—
(1) IN GENERAL.—Nothing in this Act shall be
construed as requiring a nonprofit charitable organi-
zation operating any program of assistance provided
or funded, in whole or in part, by the Federal Gov-
ernment to—
(A) determine, verify, or otherwise require
proof of the eligibility, as determined under this
title, of any applicant for benefits or assistance
under such program; or
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(B) deem that the income or assets of any
applicant for benefits or assistance under such
program include the income or assets described
in section 204(b).
(2) NO EFFECT ON FEDERAL AUTHORITY TO DE-
TERMINE
COMPLIANCE.—Nothing in this subsection
shall be construed as prohibiting the Federal Govern-
ment from determining the eligibility, under this sec-
tion or section 204, of any individual for benefits
under a public assistance program (as defined in sub-
section (f)(3)) or for government benefits (as defined
in subsection (f)(4)).
(f) DEFINITIONS.—For the purposes of this section—
(1) ELIGIBLE ALIEN.—The term ‘‘eligible alien’’
means an individual who is—
(A) an alien lawfully admitted for perma-
nent residence under the Immigration and Na-
tionality Act,
(B) an alien granted asylum under section
208 of such Act,
(C) a refugee admitted under section 207 of
such Act,
(D) an alien whose deportation has been
withheld under section 243(h) of such Act,
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(E) an alien paroled into the United States
under section 212(d)(5) of such Act for a period
of at least 1 year, or
(F) an alien who—
(i) has been battered or subjected to ex-
treme cruelty in the United States by a
spouse or a parent, or by a member of the
spouse or parent’s family residing in the
same household as the alien and the spouse
or parent consented or acquiesced to such
battery or cruelty; and
(ii) has petitioned (or petitions within
45 days after the first application for
means-tested government assistance under
SSI, AFDC, social services block grants;
Medicaid, food stamps, or housing assist-
ance) for—
(I) status as a spouse or a child
of a United States citizen pursuant to
clause (ii), (iii), or (iv) of section
204(a)(1)(A) of the Immigration and
Nationality Act,
(II) classification pursuant to
clause 
(ii) 
or 
(iii) 
of 
section
204(a)(1)(B) of the Act, or
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(III) suspension of deportation
and adjustment of status pursuant to
section 244(a)(3) of such Act, or
(iii) is the beneficiary of a petition for
status as a spouse or child of a United
States citizen pursuant to clause (i) of sec-
tion 204(a)(1)(A) of the Immigration and
Nationality Act, or of a petition filed for
classification pursuant to clause (i) of sec-
tion 204(a)(1)(B) of such Act; or
(G) an alien whose child—
(i) has been battered or subjected to ex-
treme cruelty in the United States by a
spouse or a parent of the alien (without the
active participation of the alien in the bat-
tery or extreme cruelty), or by a member of
the spouse or parent’s family residing in the
same household as the alien and the spouse
or parent consented or acquiesced to such
battery or cruelty, and the alien did not ac-
tively participate in such battery or cruelty;
and
(ii) has petitioned (or petitions within
45 days after the first application for as-
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sistance from a means-tested government as-
sistance program) for—
(I) status as a spouse or a child
of a United States citizen pursuant to
clause (ii), (iii), or (iv) of section
204(a)(1)(A) of the Immigration and
Nationality Act,
(II) classification pursuant to
clause 
(ii) 
or 
(iii) 
of 
section
204(a)(1)(B) of the Act, or
(III) suspension of deportation
and adjustment of status pursuant to
section 244(a)(3) of such Act, or
(iii) is the beneficiary of a petition for
status as a spouse or child of a United
States citizen pursuant to clause (i) of sec-
tion 204(a)(1)(A) of the Immigration and
Nationality Act, or of a petition filed for
classification.
(2) INELIGIBLE
ALIEN.—The term ‘‘ineligible
alien’’ means an individual who is not—
(A) a United States citizen or national; or
(B) an eligible alien.
(3) PUBLIC
ASSISTANCE
PROGRAM.—The term
‘‘public assistance program’’ means any program of
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assistance provided or funded, in whole or in part, by
the Federal Government or any State or local govern-
ment entity, for which eligibility for benefits is based
on need.
(4) GOVERNMENT BENEFITS.—The term ‘‘govern-
ment benefits’’ includes—
(A) any grant, contract, loan, professional
license, or commercial license provided or funded
by any agency of the United States or any State
or local government entity, except—
(i) if the alien is a nonimmigrant
alien authorized to work in the United
States—
(I) any professional or commer-
cial license required to engage in such
work, if the nonimmigrant is otherwise
qualified for such license; or
(II) any contract provided or
funded by such an agency or entity; or
(ii) if the alien is an alien who is out-
side of the United States, any contract pro-
vided or funded by such an agency or en-
tity.
(B) unemployment benefits payable out of
Federal funds;
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(C) benefits under title II of the Social Se-
curity Act;
(D) financial assistance for purposes of sec-
tion 214(a) of the Housing and Community De-
velopment Act of 1980 (Public Law 96–399; 94
Stat. 1637); and
(E) benefits based on residence that are pro-
hibited by subsection (a)(2).
SEC. 202. DEFINITION OF ‘‘PUBLIC CHARGE’’ FOR PURPOSES
OF DEPORTATION.
(a) IN
GENERAL.—Section 241(a)(5) (8 U.S.C.
1251(a)(5)) is amended to read as follows:
‘‘(5) PUBLIC CHARGE.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraphs (B) and (E), any alien who dur-
ing the public charge period becomes a public
charge, regardless of when the cause for becoming
a public charge arises, is deportable for a period
of five years after the immigrant last receives a
benefit during the public charge period under
any of the programs described in subparagraph
(D).
‘‘(B) 
EXCEPTIONS.—Subparagraph 
(A)
shall not apply if the alien is a refugee or has
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been granted asylum, or if the cause of the
alien’s becoming a public charge—
‘‘(i) arose after entry (in the case of an
alien who entered as an immigrant) or after
adjustment to lawful permanent resident
status (in the case of an alien who entered
as a nonimmigrant), and
‘‘(ii) was a physical illness, or physical
injury, so serious the alien could not work
at any job, or a mental disability that re-
quired continuous hospitalization.
‘‘(C) DEFINITIONS.—
‘‘(i) PUBLIC
CHARGE
PERIOD.—For
purposes of subparagraph (A), the term
‘public charge period’ means the period be-
ginning on the date the alien entered the
United States and ending—
‘‘(I) for an alien who entered the
United States as an immigrant, 5
years after entry, or
‘‘(II) for an alien who entered the
United States as a nonimmigrant, 5
years after the alien adjusted to per-
manent resident status.
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‘‘(ii) PUBLIC CHARGE.—For purposes
of subparagraph (A), the term ‘public
charge’ includes any alien who receives ben-
efits under any program described in sub-
paragraph (D) for an aggregate period of
more than 12 months.
‘‘(D) PROGRAMS
DESCRIBED.—The pro-
grams described in this subparagraph are the fol-
lowing:
‘‘(i) The aid to families with dependent
children program under title IV of the So-
cial Security Act.
‘‘(ii) The medicaid program under title
XIX of the Social Security Act.
‘‘(iii) The food stamp program under
the Food Stamp Act of 1977.
‘‘(iv) The supplemental security in-
come program under title XVI of the Social
Security Act.
‘‘(v) Any State general assistance pro-
gram.
‘‘(vi) Any other program of assistance
funded, in whole or in part, by the Federal
Government or any State or local govern-
ment entity, for which eligibility for benefits
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is based on need, except the programs listed
as exceptions in clauses (i) through (vi) of
section 201(a)(1)(A) of the Immigration Re-
form Act of 1996 or any student assistance
received or approved for receipt under title
IV, V, IX, or X of the Higher Education Act
of 1965 in an academic year which ends or
begins in the calendar year in which this
Act is enacted until the matriculation of
their education.
‘‘(E) SPECIAL RULE FOR BATTERED WOMEN
AND CHILDREN.—(i) For purposes of any deter-
mination under subparagraph (A), and except as
provided under clause (ii), the aggregate period
shall be 48 months within the first 7 years of
entry if the alien can demonstrate that (I) the
alien has been battered or subjected to extreme
cruelty in the United States by a spouse or a
parent, or by a member of the spouse or parent’s
family residing in the same household as the
alien and the spouse or parent consented or ac-
quiesced to such battery or cruelty, or (II) the
alien’s child has been battered or subjected to ex-
treme cruelty in the United States by a spouse
or parent of the alien (without the active partici-
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pation of the alien in the battery or extreme cru-
elty), or by a member of the spouse or parent’s
family residing in the same household as the
alien when the spouse or parent consented or ac-
quiesced to and the alien did not actively par-
ticipate in such battery or cruelty, and the need
for the public benefits received has a connection
to the battery or cruelty described in subclause
(I) or (II).
‘‘(ii) For the purposes of a determination
under subparagraph (A), the aggregate period
may exceed 48 months within the first 7 years
of entry if the alien can demonstrate that any
battery or cruelty under clause (ii) is ongoing,
has led to the issuance of an order of a judge or
an administrative law judge or a prior deter-
mination of the Service, and that such battery or
cruelty has a causal relationship to the need for
the benefits received.pursuant to clause (i) of sec-
tion 204(a)(1)(B) of such Act.’’.
(b) CONSTRUCTION.—Nothing in subparagraph (B),
(C), or (D) of section 241(a)(5) of the Immigration and
Nationality Act, as amended by subsection (a), may be con-
strued to affect or apply to any determination of an alien
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as a public charge made before the date of the enactment
of this Act.
(c) REVIEW OF STATUS.—
(1) IN GENERAL.—In reviewing any application
by an alien for benefits under section 216, section
245, or chapter 2 of title III of the Immigration and
Nationality Act, the Attorney General shall determine
whether or not the applicant is deportable under sec-
tion 241(a)(5)(A) of such Act, as so amended.
(2) GROUNDS
FOR
DENIAL.—If the Attorney
General determines that an alien is deportable under
section 241(a)(5)(A) of the Immigration and Nation-
ality Act, the Attorney General shall deny such appli-
cation and shall institute deportation proceedings
with respect to such alien, unless the Attorney Gen-
eral exercises discretion to withhold or suspend depor-
tation pursuant to any other section of such Act.
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply to aliens who enter
the United States on or after the date of the enactment of
this Act and to aliens who entered as nonimmigrants before
such date but adjust or apply to adjust their status after
such date.
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SEC. 203. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF
SUPPORT.
(a) ENFORCEABILITY.—(1) No affidavit of support
may be relied upon by the Attorney General or by any con-
sular officer to establish that an alien is not excludable as
a public charge under section 212(a)(4) of the Immigration
and Nationality Act unless such affidavit is executed as a
contract—
(A) which is legally enforceable against the spon-
sor by the sponsored individual, by the Federal Gov-
ernment, and by any State, district, territory, or pos-
session of the United States (or any subdivision of
such State, district, territory, or possession of the
United States) which provides any benefit described
in section 241(a)(5)(D), but not later than 10 years
after the sponsored individual last receives any such
benefit;
(B) in which the sponsor agrees to financially
support the sponsored individual, so that he or she
will not become a public charge, until the sponsored
individual has worked in the United States for 40
qualifying quarters; and
(C) in which the sponsor agrees to submit to the
jurisdiction of any Federal or State court for the pur-
pose of actions brought under subsection (d) or (e).
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(2) In determining the number of qualifying quarters
for which a sponsored individual has worked for purposes
of paragraph (1)(B), an individual not meeting the require-
ments of subparagraphs (A) or (C) of subsection (f)(3) for
any quarter shall be treated as meeting such requirements
if—
(A) their spouse met such requirements for such
quarter and they filed a joint income tax return cov-
ering such quarter; or
(B) the individual who claimed such individual
as a dependent on an income tax return covering such
quarter met such requirements for such quarter.
(b) FORMS.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, the Attor-
ney General, and the Secretary of Health and Human Serv-
ices shall jointly formulate the affidavit of support described
in this section.
(c) NOTIFICATION OF CHANGE OF ADDRESS.—
(1) GENERAL REQUIREMENT.—The sponsor shall
notify the Attorney General and the State, district,
territory, or possession in which the sponsored indi-
vidual is currently a resident within 30 days of any
change of address of the sponsor during the period
specified in subsection (a)(1).
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(2) PENALTY.—Any person subject to the re-
quirement of paragraph (1) who fails to satisfy such
requirement shall, after notice and opportunity to be
heard, be subject to a civil penalty of—
(A) not less than $250 or more than $2,000,
or
(B) if such failure occurs with knowledge
that the sponsored individual has received any
benefit described in section 241(a)(5)(D) of the
Immigration and Nationality Act, as amended
by section 202(a) of this Act, not less than
$2,000 or more than $5,000.
(d) REIMBURSEMENT OF GOVERNMENT EXPENSES.—
(1) IN GENERAL.—
(A) REQUEST
FOR
REIMBURSEMENT.—
Upon notification that a sponsored individual
has received any benefit described in section
241(a)(5)(D) of the Immigration and National-
ity Act, as amended by section 202(a) of this
Act, the appropriate Federal, State, or local offi-
cial shall request reimbursement from the spon-
sor for the amount of such assistance.
(B) REGULATIONS.—The Commissioner of
Social Security shall prescribe such regulations
as may be necessary to carry out subparagraph
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(A). Such regulations shall provide that notifica-
tion be sent to the sponsor’s last known address
by certified mail.
(2) ACTION
AGAINST
SPONSOR.—If within 45
days after requesting reimbursement, the appropriate
Federal, State, or local agency has not received a re-
sponse from the sponsor indicating a willingness to
make payments, an action may be brought against
the sponsor pursuant to the affidavit of support.
(3) FAILURE TO MEET REPAYMENT TERMS.—If
the sponsor agrees to make payments, but fails to
abide by the repayment terms established by the agen-
cy, the agency may, within 60 days of such failure,
bring an action against the sponsor pursuant to the
affidavit of support.
(e) JURISDICTION.—
(1) IN GENERAL.—An action to enforce an affi-
davit of support executed under subsection (a) may be
brought against the sponsor in any appropriate
court—
(A) by a sponsored individual, with respect
to financial support; or
(B) by a Federal, State, or local agency,
with respect to reimbursement.
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(2) COURT MAY NOT DECLINE TO HEAR CASE.—
For purposes of this section, no appropriate court
shall decline for lack of subject matter or personal ju-
risdiction to hear any action brought against a spon-
sor under paragraph (1) if—
(A) the sponsored individual is a resident of
the State in which the court is located, or re-
ceived public assistance while residing in the
State; and
(B) such sponsor has received service of
process in accordance with applicable law.
(f) DEFINITIONS.—For purposes of this section—
(1) SPONSOR.—The term ‘‘sponsor’’ means an
individual who—
(A) is a United States citizen or national
or an alien who is lawfully admitted to the
United States for permanent residence;
(B) is at least 18 years of age;
(C) is domiciled in any of the several States
of the United States, the District of Columbia, or
any territory or possession of the United States;
and
(D) demonstrates the means to maintain an
annual income equal to at least 125 percent of
the Federal poverty line for the individual and
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the individual’s family (including the sponsored
alien and any other alien sponsored by the indi-
vidual), through evidence that includes a copy of
the individual’s Federal income tax return for
the 3 most recent taxable years (which returns
need show such level of annual income only in
the most recent taxable year) and a written
statement, executed under oath or as permitted
under penalty of perjury under section 1746 of
title 28, United States Code, that the copies are
true copies of such returns.
In the case of an individual who is on active duty
(other than active duty for training) in the Armed
Forces of the United States, subparagraph (D) shall
be applied by substituting ‘‘100 percent’’ for ‘‘125
percent’’.
(2) FEDERAL POVERTY LINE.—The term ‘‘Fed-
eral poverty line’’ means the level of income equal to
the official poverty line (as defined by the Director of
the Office of Management and Budget, as revised an-
nually by the Secretary of Health and Human Serv-
ices, in accordance with section 673(2) of the Omni-
bus Budget Reconciliation Act of 1981 (42 U.S.C.
9902)) that is applicable to a family of the size in-
volved.
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(3) QUALIFYING QUARTER.—The term ‘‘qualify-
ing quarter’’ means a three-month period in which
the sponsored individual has—
(A) earned at least the minimum necessary
for the period to count as one of the 40 quarters
required to qualify for social security retirement
benefits;
(B) not received need-based public assist-
ance; and
(C) had income tax liability for the tax
year of which the period was part.
(4) APPROPRIATE
COURT.—The term ‘‘appro-
priate court’’ means—
(A) a Federal court, in the case of an
action for reimbursement of benefits pro-
vided or funded, in whole or in part, by the
Federal Government; and
(B) a State court, in the case of an ac-
tion for reimbursement of benefits provided
under a State or local program of assist-
ance.
(g) SPONSOR’S SOCIAL SECURITY ACCOUNT NUMBER
REQUIRED TO BE PROVIDED.—(1) Each affidavit of sup-
port shall include the social security account number of the
sponsor.
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(2) The Attorney General shall develop an automated
system to maintain the data of social security account num-
bers provided under paragraph (1).
(3) The Attorney General shall submit an annual re-
port to the Congress setting forth for the most recent fiscal
year for which data are available—
(A) the number of sponsors under this section
and the number of sponsors in compliance with the
financial obligations of this section; and
(B) a comparison of the data set forth under sub-
paragraph (A) with similar data for the preceding
fiscal year.
SEC. 204. ATTRIBUTION OF SPONSOR’S INCOME AND RE-
SOURCES 
TO 
FAMILY-SPONSORED 
IMMI-
GRANTS.
(a) DEEMING REQUIREMENT FOR FEDERAL AND FED-
ERALLY FUNDED PROGRAMS.—Subject to subsection (d), for
purposes of determining the eligibility of an alien for bene-
fits, and the amount of benefits, under any Federal program
of assistance, or any program of assistance funded in whole
or in part by the Federal Government, for which eligibility
for benefits is based on need, the income and resources de-
scribed in subsection (b) shall, notwithstanding any other
provision of law, except as provided in section 204(f), be
deemed to be the income and resources of such alien.
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(b) DEEMED INCOME AND RESOURCES.—The income
and resources described in this subsection include the in-
come and resources of—
(1) any person who, as a sponsor of an alien’s
entry into the United States, or in order to enable an
alien lawfully to remain in the United States, exe-
cuted an affidavit of support or similar agreement
with respect to such alien, and
(2) the sponsor’s spouse.
(c) LENGTH OF DEEMING PERIOD.—The requirement
of subsection (a) shall apply for the period for which the
sponsor has agreed, in such affidavit or agreement, to pro-
vide support for such alien, or for a period of 5 years begin-
ning on the day such alien was first lawfully in the United
States after the execution of such affidavit or agreement,
whichever period is longer.
(d) EXCEPTIONS.—
(1) INDIGENCE.—
(A) IN GENERAL.—If a determination de-
scribed in subparagraph (B) is made, the
amount of income and resources of the sponsor or
the sponsor’s spouse which shall be attributed to
the sponsored alien shall not exceed the amount
actually provided for a period—
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(i) beginning on the date of such deter-
mination and ending 12 months after such
date, or
(ii) if the address of the sponsor is un-
known to the sponsored alien, beginning on
the date of such determination and ending
on the date that is 12 months after the ad-
dress of the sponsor becomes known to the
sponsored alien or to the agency (which
shall inform such alien of the address with-
in 7 days).
(B) DETERMINATION DESCRIBED.—A deter-
mination described in this subparagraph is a de-
termination by an agency that a sponsored alien
would, in the absence of the assistance provided
by the agency, be unable to obtain food and shel-
ter, taking into account the alien’s own income,
plus any cash, food, housing, or other assistance
provided by other individuals, including the
sponsor.
(2) EDUCATION ASSISTANCE.—
(A) IN GENERAL.—The requirements of sub-
section (a) shall not apply with respect to spon-
sored aliens who have received, or have been ap-
proved to receive, student assistance under title
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IV, V, IX, or X of the Higher Education Act of
1965 in an academic year which ends or begins
in the calendar year in which this Act is en-
acted.
(B) DURATION.—The exception described in
subparagraph (A) shall apply only for the period
normally required to complete the course of study
for which the sponsored alien receives assistance
described in that subparagraph.
(3) CERTAIN SERVICES AND ASSISTANCE.—The
requirements of subsection (a) shall not apply to any
service or assistance described in clause (iv) or (vi) of
section 201(a)(1)(A).
(e) DEEMING AUTHORITY TO STATE AND LOCAL AGEN-
CIES.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law, but subject to exceptions equivalent
to the exceptions described in subsection (d), the State
or local government may, for purposes of determining
the eligibility of an alien for benefits, and the amount
of benefits, under any State or local program of as-
sistance for which eligibility is based on need, or any
need-based program of assistance administered by a
State or local government (other than a program of
assistance provided or funded, in whole or in part, by
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the Federal Government), require that the income and
resources described in subsection (b) be deemed to be
the income and resources of such alien.
(2) LENGTH OF DEEMING PERIOD.—Subject to
exceptions equivalent to the exceptions described in
subsection (d), a State or local government may im-
pose the requirement described in paragraph (1) for
the period for which the sponsor has agreed, in such
affidavit or agreement, to provide support for such
alien, or for a period of 5 years beginning on the day
such alien was first lawfully in the United States
after the execution of such affidavit or agreement,
whichever period is longer.
(f) SPECIAL RULE FOR BATTERED WOMEN AND CHIL-
DREN.—Notwithstanding any other provision of law, sub-
section (a) shall not apply—
(1) for up to 48 months if the alien can dem-
onstrate that (A) the alien has been battered or sub-
jected to extreme cruelty in the United States by a
spouse or a parent, or by a member of the spouse or
parent’s family residing in the same household as the
alien and the spouse or parent consented to or acqui-
esced to such battery or cruelty, or (B) the alien’s
child has been battered or subjected to extreme cruelty
in the United States by the spouse or parent of the
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alien (without the active participation of the alien in
the battery or cruelty), or by a member of the spouse’s
or parent’s family residing in the same household as
the alien when the spouse or parent consented or ac-
quiesced to and the alien did not actively participate
in such battery or cruelty, and the battery or cruelty
described in clause (i) or (ii) has a causal relation-
ship to the need for the public benefits applied; and
(2) for more than 48 months if the alien can
demonstrate that such battery or cruelty under para-
graph (1) is ongoing, has led to the issuance of an
order of a judge or administrative law judge or a
prior determination of the Service and that such bat-
tery or cruelty has a causal relationship to the need
for the benefits received.
SEC. 205. VERIFICATION OF STUDENT ELIGIBILITY FOR
POSTSECONDARY FEDERAL STUDENT FINAN-
CIAL ASSISTANCE.
(a) REPORT REQUIREMENT.—Not later than one year
after the date of the enactment of this Act, the Secretary
of Education and the Commissioner of Social Security shall
jointly submit to the Congress a report on the computer
matching program of the Department of Education under
section 484(p) of the Higher Education Act of 1965.
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(b) REPORT ELEMENTS.—The report shall include the
following:
(1) An assessment by the Secretary and the Com-
missioner of the effectiveness of the computer match-
ing program, and a justification for such assessment.
(2) The ratio of inaccurate matches under the
program to successful matches.
(3) Such other information as the Secretary and
the Commissioner jointly consider appropriate.
SEC. 206. AUTHORITY OF STATES AND LOCALITIES TO
LIMIT ASSISTANCE TO ALIENS AND TO DIS-
TINGUISH AMONG CLASSES OF ALIENS IN
PROVIDING GENERAL PUBLIC ASSISTANCE.
(a) IN GENERAL.—Subject to subsection (b) and not-
withstanding any other provision of law, a State or local
government may prohibit or otherwise limit or restrict the
eligibility of aliens or classes of aliens for programs of gen-
eral cash public assistance furnished under the law of the
State or a political subdivision of a State.
(b) LIMITATION.—The authority provided for under
subsection (a) may be exercised only to the extent that any
prohibitions, limitations, or restrictions imposed by a State
or local government are not more restrictive than the prohi-
bitions, limitations, or restrictions imposed under com-
parable Federal programs. For purposes of this section, at-
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tribution to an alien of a sponsor’s income and resources
(as described in section 204(b)) for purposes of determining
eligibility for, and the amount of, benefits shall be consid-
ered less restrictive than a prohibition of eligibility for such
benefits.
SEC. 207. INCREASED MAXIMUM CRIMINAL PENALTIES FOR
FORGING OR COUNTERFEITING SEAL OF A
FEDERAL DEPARTMENT OR AGENCY TO FA-
CILITATE BENEFIT FRAUD BY AN UNLAWFUL
ALIEN.
Section 506 of title 18, United States Code, is amended
to read as follows:
‘‘§ 506. Seals of departments or agencies
‘‘(a) Whoever—
‘‘(1) falsely makes, forges, counterfeits, mutilates,
or alters the seal of any department or agency of the
United States, or any facsimile thereof;
‘‘(2) knowingly uses, affixes, or impresses any
such fraudulently made, forged, counterfeited, muti-
lated, or altered seal or facsimile thereof to or upon
any certificate, instrument, commission, document, or
paper of any description; or
‘‘(3) with fraudulent intent, possesses, sells, offers
for sale, furnishes, offers to furnish, gives away, offers
to give away, transports, offers to transport, imports,
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or offers to import any such seal or facsimile thereof,
knowing the same to have been so falsely made,
forged, counterfeited, mutilated, or altered,
shall be fined under this title, or imprisoned not more than
5 years, or both.
‘‘(b) Notwithstanding subsection (a) or any other pro-
vision of law, if a forged, counterfeited, mutilated, or altered
seal of a department or agency of the United States, or any
facsimile thereof, is—
‘‘(1) so forged, counterfeited, mutilated, or al-
tered;
‘‘(2) used, affixed, or impressed to or upon any
certificate, instrument, commission, document, or
paper of any description; or
‘‘(3) with fraudulent intent, possessed, sold, of-
fered for sale, furnished, offered to furnish, given
away, offered to give away, transported, offered to
transport, imported, or offered to import,
with the intent or effect of facilitating an unlawful alien’s
application for, or receipt of, a Federal benefit, the penalties
which may be imposed for each offense under subsection (a)
shall be two times the maximum fine, and 3 times the maxi-
mum term of imprisonment, or both, that would otherwise
be imposed for an offense under subsection (a).
‘‘(c) For purposes of this section—
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‘‘(1) the term ‘Federal benefit’ means—
‘‘(A) the issuance of any grant, contract,
loan, professional license, or commercial license
provided by any agency of the United States or
by appropriated funds of the United States; and
‘‘(B) any retirement, welfare, Social Secu-
rity, health (including treatment of an emer-
gency medical condition in accordance with sec-
tion 1903(v) of the Social Security Act (19
U.S.C. 1396b(v))), disability, veterans, public
housing, education, food stamps, or unemploy-
ment benefit, or any similar benefit for which
payments or assistance are provided by an agen-
cy of the United States or by appropriated funds
of the United States;
‘‘(2) the term ‘unlawful alien’ means an individ-
ual who is not—
‘‘(A) a United States citizen or national;
‘‘(B) an alien lawfully admitted for perma-
nent residence under the Immigration and Na-
tionality Act;
‘‘(C) an alien granted asylum under section
208 of such Act;
‘‘(D) a refugee admitted under section 207
of such Act;
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‘‘(E) an alien whose deportation has been
withheld under section 243(h) of such Act; or
‘‘(F) an alien paroled into the United
States under section 215(d)(5) of such Act for a
period of at least 1 year; and
‘‘(3) each instance of forgery, counterfeiting, mu-
tilation, or alteration shall constitute a separate of-
fense under this section.’’.
SEC. 208. STATE OPTION UNDER THE MEDICAID PROGRAM
TO PLACE ANTI-FRAUD INVESTIGATORS IN
HOSPITALS.
(a) IN GENERAL.—Section 1902(a) of the Social Secu-
rity Act (42 U.S.C. 1396a(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(61);
(2) by striking the period at the end of para-
graph (62) and inserting ‘‘; and’’; and
(3) by adding after paragraph (62) the following
new paragraph:
‘‘(63) in the case of a State that is certified by
the Attorney General as a high illegal immigration
State (as determined by the Attorney General), at the
election of the State, establish and operate a program
for the placement of anti-fraud investigators in State,
county, and private hospitals located in the State to
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verify the immigration status and income eligibility
of applicants for medical assistance under the State
plan prior to the furnishing of medical assistance.’’.
(b) PAYMENT.—Section 1903 of the Social Security
Act (42 U.S.C. 1396b) is amended—
(1) by striking ‘‘plus’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; plus’’; and
(3) by adding at the end the following new para-
graph:
‘‘(8) an amount equal to the Federal medical as-
sistance percentage (as defined in section 1905(b)) of
the total amount expended during such quarter which
is attributable to operating a program under section
1902(a)(63).’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b) shall take effect on the first day of the
first calendar quarter beginning after the date of the enact-
ment of this Act.
SEC. 209. COMPUTATION OF TARGETED ASSISTANCE.
Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is amended by
adding at the end the following new subparagraph:
‘‘(C) Except for the Targeted Assistance Ten Percent
Discretionary Program, all grants made available under
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this paragraph for a fiscal year shall be allocated by the
Office of Refugee Resettlement in a manner that ensures
that each qualifying county receives the same amount of
assistance for each refugee and entrant residing in the coun-
ty as of the beginning of the fiscal year who arrived in the
United States not earlier than 60 months before the begin-
ning of such fiscal year.’’.
Subtitle B—Miscellaneous
Provisions
SEC. 211. REIMBURSEMENT OF STATES AND LOCALITIES
FOR EMERGENCY MEDICAL ASSISTANCE FOR
CERTAIN ILLEGAL ALIENS.
(a) REIMBURSEMENT.—The Attorney General shall,
subject to the availability of appropriations, fully reimburse
the States and political subdivisions of the States for costs
incurred by the States and political subdivisions for emer-
gency ambulance service provided to any alien who—
(1) entered the United States without inspection
or at any time or place other than as designated by
the Attorney General;
(2) is under the custody of a State or a political
subdivision of a State as a result of transfer or other
action by Federal authorities; and
(3) is being treated for an injury suffered while
crossing the international border between the United
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States and Mexico or between the United States and
Canada.
(b) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion requires that the alien be arrested by Federal authori-
ties before entering into the custody of the State or political
subdivision.
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Attor-
ney General such sums as may be necessary to carry
out the provisions of this section.
(2) STATUTORY CONSTRUCTION.—Nothing in this
Act may be construed to prevent the Attorney General
from seeking reimbursement from an alien described
in subsection (a) for the costs of the emergency medi-
cal services provided to the alien.
SEC. 212. TREATMENT OF EXPENSES SUBJECT TO EMER-
GENCY MEDICAL SERVICES EXCEPTION.
(a) IN GENERAL.—Subject to such amounts as are pro-
vided in advance in appropriation Acts, each State or local
government that provides emergency medical services
through a public hospital, other public facility, or other fa-
cility (including a hospital that is eligible for an additional
payment adjustment under section 1886(d)(5)(F) or section
1923 of the Social Security Act), or through contract with
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another hospital or facility, to an individual who is an
alien not lawfully present in the United States, is entitled
to receive payment from the Federal Government for its
costs of providing such services, but only to the extent that
the costs of the State or local government are not fully reim-
bursed through any other Federal program and cannot be
recovered from the alien or other entity.
(b) CONFIRMATION
OF IMMIGRATION STATUS.—No
payment shall be made under this section with respect to
services furnished to aliens described in subsection (a) un-
less the State or local government establishes that it has
provided services to such aliens in accordance with proce-
dures established by the Secretary of Health and Human
Services, after consultation with the Attorney General and
State and local officials.
(c) ADMINISTRATION.—This section shall be adminis-
tered by the Attorney General, in consultation with the Sec-
retary of Health and Human Services.
(d) EFFECTIVE DATE.—This section shall not apply
to emergency medical services furnished before October 1,
1995.
SEC. 213. PILOT PROGRAMS.
(a) ADDITIONAL COMMUTER BORDER CROSSING FEES
PILOT PROJECTS.—In addition to the land border fee pilot
projects extended by the fourth proviso under the heading
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‘‘ Immigration and Naturalization Service, Salaries and
Expenses’’ of Public Law 103–121, the Attorney General
may establish another such pilot project on the northern
land border and another such pilot project on the southern
land border of the United States.
(b) AUTOMATED PERMIT PILOT PROJECTS.—The At-
torney General and the Commissioner of Customs are au-
thorized to conduct pilot projects to demonstrate—
(1) the feasibility of expanding port of entry
hours at designated ports of entry on the United
States-Canada border; or
(2) the use of designated ports of entry after
working hours through the use of card reading ma-
chines or other appropriate technology.
SEC. 214. USE OF PUBLIC SCHOOLS BY NONIMMIGRANT
FOREIGN STUDENTS.
(a) PERSONS ELIGIBLE FOR STUDENT VISAS.—Sec-
tion 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended—
(1) in clause (i) by striking ‘‘academic high
school, elementary school, or other academic institu-
tion or in a language training program’’ and insert-
ing in lieu thereof ‘‘public elementary or public sec-
ondary school (if the alien shows to the satisfaction
of the consular officer at the time of application for
a visa, or of the Attorney General at the time of ap-
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plication for admission or adjustment of status, that
(I) the alien will in fact reimburse such public ele-
mentary or public secondary school for the full,
unsubsidized per-capita cost of providing education at
such school to an individual pursuing such a course
of study, or (II) the school waives such reimburse-
ment), private elementary or private secondary
school, or postsecondary academic institution, or in a
language-training program’’; and
(2) by inserting before the semicolon at the end
of clause (ii) the following: ‘‘: Provided, That nothing
in this paragraph shall be construed to prevent a
child who is present in the United States in a non-
immigrant status other than that conferred by para-
graph (B), (C), (F)(i), or (M)(i), from seeking admis-
sion to a public elementary school or public secondary
school for which such child may otherwise be quali-
fied’’;
(b) EXCLUSION OF STUDENT VISA ABUSERS.—Section
212(a) (8 U.S.C. 1182(a)) is amended by adding at the end
the following new paragraph:
‘‘(9) STUDENT VISA ABUSERS.—Any alien de-
scribed in section 101(a)(15)(F) who is admitted as
a student for study at a private elementary school or
private secondary school and who does not remain en-
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rolled, throughout the duration of his or her elemen-
tary or secondary school education in the United
States, at either (A) such a private school, or (B) a
public elementary or public secondary school (if (I)
the alien is in fact reimbursing such public elemen-
tary or public secondary school for the full,
unsubsidized per-capita cost of providing education at
such school to an individual pursuing such a course
of study, or (II) the school waives such reimburse-
ment) is excludable.’’.
(c) DEPORTATION OF STUDENT VISA ABUSERS.—Sec-
tion 241(a) (8 U.S.C. 1251(a)) is amended by adding at
the end the following new paragraph:
‘‘(6) STUDENT VISA ABUSERS.—Any alien de-
scribed in section 101(a)(15)(F) who is admitted as
a student for study at a private elementary school or
private secondary school and who does not remain en-
rolled, throughout the duration of his or her elemen-
tary or secondary school education in the United
States, at either (A) such a private school, or (B) a
public elementary or public secondary school (if (I)
the alien is in fact reimbursing such public elemen-
tary or public secondary school for the full,
unsubsidized per-capita cost of providing education at
such school to an individual pursing such a course of
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study, or (II) the school waives such reimbursement),
is deportable.’’.
(d) EFFECTIVE DATE.—This section shall become effec-
tive 1 day after the date of enactment.
SEC. 215. PILOT PROGRAM TO COLLECT INFORMATION RE-
LATING TO NONIMMIGRANT FOREIGN STU-
DENTS.
(a) IN GENERAL.—(1) The Attorney General and the
Secretary of State shall jointly develop and conduct a pilot
program to collect electronically from approved colleges and
universities in the United States the information described
in subsection (c) with respect to aliens who—
(A) have the status, or are applying for the sta-
tus, of nonimmigrants under section 101(a)(15) (F),
(J), or (M) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15) (F), (J), or (M)); and
(B) are nationals of the countries designated
under subsection (b).
(2) The pilot program shall commence not later than
January 1, 1998.
(b) COVERED COUNTRIES.—The Attorney General and
the Secretary of State shall jointly designate countries for
purposes of subsection (a)(1)(B). The Attorney General and
the Secretary shall initially designate not less than five
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countries and may designate additional countries at any
time while the pilot program is being conducted.
(c) INFORMATION TO BE COLLECTED.—
(1) IN GENERAL.—The information for collection
under subsection (a) consists of—
(A) the identity and current address in the
United States of the alien;
(B) the nonimmigrant classification of the
alien and the date on which a visa under the
classification was issued or extended or the date
on which a change to such classification was ap-
proved by the Attorney General; and
(C) the academic standing of the alien, in-
cluding any disciplinary action taken by the col-
lege or university against the alien as a result of
the alien’s being convicted of a crime.
(2) FERPA.—The Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. 1232g) shall not
apply to aliens described in subsection (a) to the ex-
tent that the Attorney General and the Secretary of
State determine necessary to carry out the pilot pro-
gram.
(d) PARTICIPATION
BY
COLLEGES
AND
UNIVER-
SITIES.—(1) The information specified in subsection (c)
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shall be provided by approved colleges and universities as
a condition of—
(A) the continued approval of the colleges and
universities under section 101(a)(15) (F) or (M) of
the Immigration and Nationality Act, or
(B) the issuance of visas to aliens for purposes
of studying, or otherwise participating, at such col-
leges and universities in a program under section
101(a)(15)(J) of such Act.
(2) If an approved college or university fails to provide
the specified information, such approvals and such issuance
of visas shall be revoked or denied.
(e) FUNDING.—(1) The Attorney General and the Sec-
retary shall use funds collected under section 281(b) of the
Immigration and Nationality Act, as added by this sub-
section, to pay for the costs of carrying out this section.
(2) Section 281 of the Immigration and Nationality
Act (8 U.S.C. 1351) is amended—
(A) by inserting ‘‘(a)’’ after ‘‘SEC. 281.’’; and
(B) by adding at the end the following:
‘‘(b)(1) In addition to fees that are prescribed under
subsection (a), the Secretary of State shall impose and col-
lect a fee on all visas issued under the provisions of section
101(a)(15) (F), (J), or (M) of the Immigration and Nation-
ality Act. With respect to visas issued under the provisions
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of section 101(a)(15)(J), this subsection shall not apply to
those ‘J’ visa holders whose presence in the United States
is sponsored by the United States Government.
‘‘(2) The Attorney General shall impose and collect a
fee on all changes of nonimmigrant status under section 248
to such classifications. This subsection shall not apply to
those ‘J’ visa holders whose presence in the United States
is sponsored by the United States Government.
‘‘(3) Except as provided in section 205(g)(2) of the Im-
migration Reform Act of 1996, the amount of the fees im-
posed and collected under paragraphs (1) and (2) shall be
the amount which the Attorney General and the Secretary
jointly determine is necessary to recover the costs of con-
ducting the information-collection program described in
subsection (a), but may not exceed $100.
‘‘(4) Funds collected under paragraph (1) shall be
available to the Attorney General and the Secretary, with-
out regard to appropriation Acts and without fiscal year
limitation, to supplement funds otherwise available to the
Department of Justice and the Department of State, respec-
tively.’’.
(3) The amendments made by paragraphs (1) and (2)
shall become effective April 1, 1997.
(f) JOINT REPORT.—Not later than five years after the
commencement of the pilot program established under sub-
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section (a), the Attorney General and the Secretary of State
shall jointly submit to the Committees on the Judiciary of
the United States Senate and House of Representatives on
the operations of the pilot program and the feasibility of
expanding the program to cover the nationals of all coun-
tries.
(g) WORLDWIDE APPLICABILITY OF THE PROGRAM.—
(1)(A) Not later than six months after the submission of
the report required by subsection (f), the Secretary of State
and the Attorney General shall jointly commence expansion
of the pilot program to cover the nationals of all countries.
(B) Such expansion shall be completed not later than
one year after the date of the submission of the report re-
ferred to in subsection (f).
(2) After the program has been expanded, as provided
in paragraph (1), the Attorney General and the Secretary
of State may, on a periodic basis, jointly revise the amount
of the fee imposed and collected under section 281(b) of the
Immigration and Nationality Act in order to take into ac-
count changes in the cost of carrying out the program.
(h) DEFINITION.—As used in this section, the phrase
‘‘approved colleges and universities’’ means colleges and
universities approved by the Attorney General, in consulta-
tion with the Secretary of Education, under subparagraph
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(F), (J), or (M) of section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)).
SEC. 216. FALSE CLAIMS OF UNITED STATES CITIZENSHIP.
(a) EXCLUSION
OF ALIENS WHO HAVE FALSELY
CLAIMED
UNITED
STATES
CITIZENSHIP.—Section
212(a)(9) (8 U.S.C. 1182(a)(9)) is amended by adding at
the end the following new subparagraph:
‘‘(D) FALSELY
CLAIMING
CITIZENSHIP.—
Any alien who falsely represents, or has falsely
represented, himself to be a citizen of the United
States is excludable.’’.
(b) DEPORTATION OF ALIENS WHO HAVE FALSELY
CLAIMED UNITED STATES CITIZENSHIP.—Section 241(a)
(8 U.S.C. 1251(a)) is amended by adding at the end the
following new paragraph:
‘‘(6) FALSELY
CLAIMING
CITIZENSHIP.—Any
alien who falsely represents, or has falsely rep-
resented, himself to be a citizen of the United States
is deportable.’’.
SEC. 217. VOTING BY ALIENS.
(a) CRIMINAL PENALTY FOR VOTING BY ALIENS IN
FEDERAL ELECTION.—Title 18, United States Code, is
amended by adding the following new section:
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‘‘§ 611. Voting by aliens
‘‘(a) It shall by unlawful for any alien to vote in any
election held solely or in part for the purpose of electing
a candidate for the office of President, Vice President, Presi-
dential elector, Member of the Senate, Member of the House
of Representatives, Delegate from the District of Columbia,
or Resident Commissioner, unless—
‘‘(1) the election is held partly for some other
purpose;
‘‘(2) aliens are authorized to vote for such other
purpose under a State constitution or statute or a
local ordinance; and
‘‘(3) voting for such other purpose is conducted
independently of voting for a candidate for such Fed-
eral offices, in such a manner that an alien has the
opportunity to vote for such other purpose, but not an
opportunity to vote for a candidate for any one or
more of such Federal offices.
‘‘(b) Any person who violates this section shall be fined
not more than $5,000 or imprisoned not more than one year
or both.’’.
(b) EXCLUSION OF ALIENS WHO HAVE UNLAWFULLY
VOTED.—Section 212(a) (8 U.S.C. 1182(a)) is amended by
adding at the end the following new paragraph:
‘‘(9) UNLAWFUL VOTERS.—Any alien who has
voted in violation of any Federal, State, or local con-
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stitutional provision, statute, ordinance, or regulation
is excludable.’’.
(c) DEPORTATION OF ALIENS WHO HAVE UNLAW-
FULLY VOTED.—Section 241(a) (8 U.S.C. 1251(a)) is
amended by adding at the end the following new paragraph:
‘‘(6) UNLAWFUL VOTERS.—Any alien who has
voted in violation of any Federal, State, or local con-
stitutional provision, statute, ordinance, or regulation
is deportable.’’.
SEC. 218. EXCLUSION GROUNDS FOR OFFENSES OF DOMES-
TIC VIOLENCE, STALKING, CRIMES AGAINST
CHILDREN, AND CRIMES OF SEXUAL VIO-
LENCE.
(a) IN
GENERAL.—Section 241(a)(2) (8 U.S.C.
1251(a)(2)) is amended by adding at the end the following:
‘‘(E) DOMESTIC
VIOLENCE, VIOLATION
OF
PROTECTION ORDER, CRIMES AGAINST CHILDREN
AND STALKING.—(i) Any alien who at any time
after entry is convicted of a crime of domestic vi-
olence is deportable.
‘‘(ii) Any alien who at any time after entry
engages in conduct that violates the portion of a
protection order that involves protection against
credible threats of violence, repeated harassment,
or bodily injury to the person or persons for
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whom the protection order was issued is deport-
able.
‘‘(iii) Any alien who at any time after
entry is convicted of a crime of stalking is de-
portable.
‘‘(iv) Any alien who at any time after entry
is convicted of a crime of child abuse, child sex-
ual abuse, child neglect, or child abandonment is
deportable.
‘‘(F) CRIMES OF SEXUAL VIOLENCE.—Any
alien who at any time after entry is convicted of
a crime of rape, aggravated sodomy, aggravated
sexual abuse, sexual abuse, abusive sexual con-
tact, or other crime of sexual violence is deport-
able.’’.
(b) DEFINITIONS.—Section 101(a) (8 U.S.C. 1101(a))
is amended by adding at the end the following new para-
graphs:
‘‘(47) The term ‘crime of domestic violence’ means any
felony or misdemeanor crime of violence committed by a
current or former spouse of the victim, by a person with
whom the victim shares a child in common, by a person
who is cohabiting with or has cohabited with the victim
as a spouse, by a person similarly situated to a spouse of
the victim under the domestic or family violence laws of
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the jurisdiction where the offense occurs, or by any other
adult person against a victim who is protected from that
person’s acts under the domestic or family violence laws of
the United States or any State, Indian tribal government,
or unit of local government.
‘‘(48) The term ‘protection order’ means any injunc-
tion issued for the purpose of preventing violent or threaten-
ing acts of domestic violence, including temporary or final
orders issued by civil or criminal courts (other than support
or child custody orders or provisions) whether obtained by
filing an independent action or as a pendente lite order
in another proceeding.’’.
(c) EFFECTIVE DATE.—This section will become effec-
tive one day after the date of enactment of the Act.
Subtitle C—Housing Assistance
SEC. 221. SHORT TITLE.
This subtitle may be cited as the ‘‘Use of Assisted
Housing by Aliens Act of 1996’’.
SEC. 222. PRORATING OF FINANCIAL ASSISTANCE.
Section 214(b) of the Housing and Community Devel-
opment Act of 1980 (42 U.S.C. 1436a(b)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following new para-
graph:
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‘‘(2) If the eligibility for financial assistance of at least
one member of a family has been affirmatively established
under the program of financial assistance and under this
section, and the ineligibility of one or more family members
has not been affirmatively established under this section,
any financial assistance made available to that family by
the Secretary of Housing and Urban Development shall be
prorated, based on the number of individuals in the family
for whom eligibility has been affirmatively established
under the program of financial assistance and under this
section, as compared with the total number of individuals
who are members of the family.’’.
SEC. 
223. 
ACTIONS 
IN 
CASES 
OF 
TERMINATION 
OF
FINANCIAL ASSISTANCE.
Section 214(c)(1) of the Housing and Community De-
velopment Act of 1980 (42 U.S.C. 1436a(c)(1)) is amend-
ed—
(1) in the matter preceding subparagraph (A),
by striking ‘‘may, in its discretion,’’ and inserting
‘‘shall’’;
(2) in subparagraph (A), by adding at the end
the following: ‘‘Financial assistance continued under
this subparagraph for a family may be provided only
on a prorated basis, under which the amount of fi-
nancial assistance is based on the percentage of the
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total number of members of the family that are eligi-
ble for that assistance under the program of financial
assistance and under this section.’’; and
(3) in subparagraph (B)—
(A) by striking ‘‘6-month period’’ and all
that follows through the end of the subparagraph
and inserting ‘‘single 3-month period.’’;
(B) by inserting ‘‘(i)’’ after ‘‘(B)’’;
(C) by striking ‘‘Any deferral’’ and insert-
ing the following:
‘‘(ii) Except as provided in clause (iii) and
subject to clause (iv), any deferral’’; and
(D) by adding at the end the following new
clauses:
‘‘(iii) The time period described in clause
(ii) shall not apply in the case of a refugee under
section 207 of the Immigration and Nationality
Act or an individual seeking asylum under sec-
tion 208 of that Act.
‘‘(iv) The time period described in clause
(ii) shall be extended for a period of 1 month in
the case of any individual who is provided, upon
request, with a hearing under this section.’’.
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SEC. 224. VERIFICATION OF IMMIGRATION STATUS AND ELI-
GIBILITY FOR FINANCIAL ASSISTANCE.
Section 214(d) of the Housing and Community Devel-
opment Act of 1980 (42 U.S.C. 1436a(d)) is amended—
(1) in the matter preceding paragraph (1), by
inserting ‘‘or to be’’ after ‘‘being’’;
(2) in paragraph (1)(A), by adding at the end
the following: ‘‘If the declaration states that the indi-
vidual is not a citizen or national of the United
States and that the individual is younger than 62
years of age, the declaration shall be verified by the
Immigration and Naturalization Service. If the dec-
laration states that the individual is a citizen or na-
tional of the United States, the Secretary of Housing
and Urban Development, or the agency administering
assistance covered by this section, may request ver-
ification of the declaration by requiring presentation
of documentation that the Secretary considers appro-
priate, including a United States passport, resident
alien card, alien registration card, social security
card, or other documentation.’’;
(3) in paragraph (2)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘on the date of the enactment of
the Housing and Community Development Act of
1987’’ and inserting ‘‘on the date of enactment
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of the Use of Assisted Housing by Aliens Act of
1996 or applying for financial assistance on or
after that date’’; and
(B) by adding at the end the following:
‘‘In the case of an individual applying for financial assist-
ance on or after the date of enactment of the Use of Assisted
Housing by Aliens Act of 1996, the Secretary may not pro-
vide any such assistance for the benefit of that individual
before documentation is presented and verified under para-
graph (3) or (4).’’;
(4) in paragraph (4)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘on the date of the enactment of
the Housing and Community Development Act of
1987’’ and inserting ‘‘on the date of enactment
of the Use of Assisted Housing by Aliens Act of
1996 or applying for financial assistance on or
after that date’’;
(B) in subparagraph (A)—
(i) in clause (i)—
(I) by inserting ‘‘, not to exceed
30 days,’’ after ‘‘reasonable oppor-
tunity’’; and
(II) by striking ‘‘and’’ at the end;
and
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(ii) by striking clause (ii) and insert-
ing the following:
‘‘(ii) in the case of any individual re-
ceiving assistance on the date of enactment
of the Use of Assisted Housing by Aliens Act
of 1996, may not delay, deny, reduce, or
terminate the eligibility of that individual
for financial assistance on the basis of the
immigration status of that individual until
the expiration of that 30-day period; and
‘‘(iii) in the case of any individual ap-
plying for financial assistance on or after
the date of enactment of the Use of Assisted
Housing by Aliens Act of 1996, may not
deny the application for such assistance on
the basis of the immigration status of that
individual until the expiration of that 30-
day period; and’’; and
(C) in subparagraph (B), by striking clause
(ii) and inserting the following:
‘‘(ii) pending such verification or ap-
peal, the Secretary may not—
‘‘(I) in the case of any individual
receiving assistance on the date of en-
actment of the Use of Assisted Housing
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by Aliens Act of 1996, delay, deny, re-
duce, or terminate the eligibility of
that individual for financial assistance
on the basis of the immigration status
of that individual; and
‘‘(II) in the case of any individ-
ual applying for financial assistance
on or after the date of enactment of the
Use of Assisted Housing by Aliens Act
of 1996, deny the application for such
assistance on the basis of the immigra-
tion status of that individual; and’’;
(5) in paragraph (5), by striking ‘‘status—’’ and
all that follows through the end of the paragraph and
inserting the following: ‘‘status, the Secretary shall—
‘‘(A) deny the application of that individ-
ual for financial assistance or terminate the eli-
gibility of that individual for financial assist-
ance, as applicable; and
‘‘(B) provide to the individual written no-
tice of the determination under this paragraph
and the right to a fair hearing process.’’; and
(6) by striking paragraph (6) and inserting the
following:
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‘‘(6) The Secretary shall terminate the eligibility
for financial assistance of an individual and the
members of the household of the individual, for a pe-
riod of not less than 24 months, upon determining
that such individual has knowingly permitted another
individual who is not eligible for such assistance to
reside in the public or assisted housing unit of the in-
dividual. This provision shall not apply to a family
if the ineligibility of the ineligible individual at issue
was considered in calculating any proration of assist-
ance provided for the family.’’.
SEC. 225. PROHIBITION OF SANCTIONS AGAINST ENTITIES
MAKING FINANCIAL ASSISTANCE ELIGIBILITY
DETERMINATIONS.
Section 214(e) of the Housing and Community Devel-
opment Act of 1980 (42 U.S.C. 1436a(e)) is amended—
(1) in paragraph (2), by adding ‘‘or’’ at the end;
(2) in paragraph (3), by adding at the end the
following: ‘‘the response from the Immigration and
Naturalization Service to the appeal of that individ-
ual.’’; and
(3) by striking paragraph (4).
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SEC. 226. ELIGIBILITY FOR PUBLIC AND ASSISTED HOUS-
ING.
Section 214 of the Housing and Community Develop-
ment Act of 1980 (42 U.S.C. 1436a) is amended by adding
at the end the following new subsection:
‘‘(h) VERIFICATION OF ELIGIBILITY.—
‘‘(1) IN GENERAL.—Except in the case of an elec-
tion under paragraph (2)(A), no individual or family
applying for financial assistance may receive such fi-
nancial assistance prior to the affirmative establish-
ment and verification of eligibility of that individual
or family under this section by the Secretary or other
appropriate entity.
‘‘(2) RULES
APPLICABLE
TO
PUBLIC
HOUSING
AGENCIES.—A public housing agency (as that term is
defined in section 3 of the United States Housing Act
of 1937)—
‘‘(A) may elect not to comply with this sec-
tion; and
‘‘(B) in complying with this section—
‘‘(i) may initiate procedures to affirm-
atively establish or verify the eligibility of
an individual or family under this section
at any time at which the public housing
agency determines that such eligibility is in
question, regardless of whether or not that
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individual or family is at or near the top
of the waiting list of the public housing
agency;
‘‘(ii) may affirmatively establish or
verify the eligibility of an individual or
family under this section in accordance
with the procedures set forth in section
274A(b)(1) of the Immigration and Nation-
ality Act; and
‘‘(iii) shall have access to any relevant
information contained in the SAVE system
(or any successor thereto) that relates to
any individual or family applying for fi-
nancial assistance.
‘‘(3) ELIGIBILITY OF FAMILIES.—For purposes of
this subsection, with respect to a family, the term ‘eli-
gibility’ means the eligibility of each family mem-
ber.’’.
SEC. 227. REGULATIONS.
(a) ISSUANCE.—Not later than the 60 days after the
date of enactment of this Act, the Secretary of Housing and
Urban Development shall issue any regulations necessary
to implement the amendments made by this part. Such reg-
ulations shall be issued in the form of an interim final rule,
which shall take effect upon issuance and shall not be sub-
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ject to the provisions of section 533 of title 5, United States
Code, regarding notice or opportunity for comment.
(b) FAILURE TO ISSUE.—If the Secretary fails to issue
the regulations required under subsection (a) before the date
specified in that subsection, the regulations relating to re-
strictions on assistance to noncitizens, contained in the
final rule issued by the Secretary of Housing and Urban
Development in RIN–2501–AA63 (Docket No. R–95–1409;
FR–2383–F–050), published in the Federal Register on
March 20, 1995 (Vol. 60, No. 53; pp. 14824–14861), shall
not apply after that date.
Subtitle D—Effective Dates
SEC. 231. EFFECTIVE DATES.
(a) IN GENERAL.—Except as provided in subsection
(b) or as otherwise provided in this title, this title and the
amendments made by this title shall take effect on the date
of the enactment of this Act.
(b) BENEFITS.—The provisions of sections 201 and
204 shall apply to benefits and to applications for benefits
received on or after the date of the enactment of this Act.
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TITLE III—MISCELLANEOUS
PROVISIONS
SEC. 301. CHANGES REGARDING VISA APPLICATION PROC-
ESS.
(a) NONIMMIGRANT APPLICATIONS.—Section 222(c) (8
U.S.C. 1202(c)) is amended—
(1) by striking all that follows after ‘‘United
States;’’ through ‘‘marital status;’’; and
(2) by adding at the end thereof the following:
‘‘At the discretion of the Secretary of State, applica-
tion forms for the various classes of nonimmigrant
admissions described in section 101(a)(15) may vary
according to the class of visa being requested.’’.
(b) DISPOSITION OF APPLICATIONS.—Section 222(e)
(8 U.S.C. 1202(e)) is amended—
(1) in the first sentence, by striking ‘‘required by
this section’’ and inserting ‘‘for an immigrant visa’’;
and
(2) in the third sentence—
(A) by inserting ‘‘or other document’’ after
‘‘stamp,’’; and
(B) by striking ‘‘by the consular officer’’.
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SEC. 302. VISA WAIVER PROGRAM.
(a) EXTENSION
OF PROGRAM.—Section 217(f) (8
U.S.C. 1187(f)) is amended by striking ‘‘1996’’ and insert-
ing ‘‘1998’’.
(b) REPEAL OF PROBATIONARY PROGRAM.—(1) Sec-
tion 217(g) (8 U.S.C. 1187(g)) is repealed.
(2) A country designated as a pilot program country
with probationary status under section 217(g) of the Immi-
gration and Nationality Act (as in effect prior to the date
of enactment of this Act) shall be subject to paragraphs (3)
and (4) of that subsection as if such paragraphs were not
repealed.
(c) DURATION AND TERMINATION OF DESIGNATION OF
PILOT PROGRAM COUNTRIES.—Section 217, as amended by
this section, is further amended by adding at the end the
following:
‘‘(g) DURATION
AND
TERMINATION
OF
DESIGNA-
TION.—
‘‘(1) PROGRAM
COUNTRIES.—(A) Upon deter-
mination by the Attorney General that a visa waiver
program country’s disqualification rate is 2 percent
or more, the Attorney General shall notify the Sec-
retary of State.
‘‘(B) If the program country’s disqualification
rate is greater than 2 percent but less than 3.5 per-
cent, the Attorney General and the Secretary of State
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shall place the program country in probationary sta-
tus for a period not to exceed 3 full fiscal years fol-
lowing the year in which the designation of the coun-
try as a pilot program country is made.
‘‘(C) If the program country’s disqualification
rate is 3.5 percent or more, the Attorney General and
the Secretary of State, acting jointly, shall terminate
the country’s designation effective at the beginning of
the second fiscal year following the fiscal year in
which the determination is made.
‘‘(2) END OF PROBATIONARY STATUS.—(A) If the
Attorney General and the Secretary of State, acting
jointly, determine at the end of the probationary pe-
riod described in subparagraph (B) that the program
country’s disqualification rate is less than 2 percent,
they shall redesignate the country as a program coun-
try.
‘‘(B) If the Attorney General and the Secretary
of State, acting jointly, determine at the end of the
probationary period described in subparagraph (B)
that a visa waiver country has—
‘‘(i) failed to develop a machine readable
passport program as required by subparagraph
(C) of subsection (c)(2), or
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‘‘(ii) has a disqualification rate of 2 percent
or more,
then the Attorney General and the Secretary of State
shall jointly terminate the designation of the country
as a visa waiver program country, effective at the be-
ginning of the first fiscal year following the fiscal
year in which in the determination is made.
‘‘(3) DISCRETIONARY
TERMINATION.—Notwith-
standing any other provision of this section, the At-
torney General and the Secretary of State, acting
jointly, may for any reason (including national secu-
rity or failure to meet any other requirement of this
section), at any time, rescind any waiver under sub-
section (a) or terminate any designation under sub-
section (c), effective upon such date as they shall
jointly determine.
‘‘(4) EFFECTIVE
DATE
OF
TERMINATION.—Na-
tionals of a country whose eligibility for the program
is terminated by the Attorney General and the Sec-
retary of State, acting jointly, may continue to have
paragraph (7)(B)(i)(II) of section 212(a) waived, as
authorized by subsection (a), until the country’s ter-
mination of designation becomes effective as provided
in this subsection.
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‘‘(5) NONAPPLICABILITY
OF
CERTAIN
PROVI-
SIONS.—Paragraphs (1)(C) and (3) shall not apply
unless the total number of nationals of a designated
country, as described in paragraph (6)(A), is in ex-
cess of 100.
‘‘(6) DEFINITION.—For purposes of this sub-
section, the term ‘disqualification rate’ means the
ratio of—
‘‘(A) the total number of nationals of the
visa waiver program country—
‘‘(i) who were excluded from admission
or withdrew their application for admission
during the most recent fiscal year for which
data is available, and
‘‘(ii) who were admitted as non-
immigrant visitors during such fiscal year
and who violated the terms of such admis-
sion, to
‘‘(B) the total number of nationals of that
country who applied for admission as non-
immigrant visitors during such fiscal year.’’.
SEC. 303. TECHNICAL AMENDMENT.
Section 212(d)(11) of the Immigration and National-
ity Act (8 U.S.C. 1182(d)(11)) is amended by inserting a
‘‘comma’’ after ‘‘(4) thereof)’’.
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SEC. 304. CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS
FROM IMMIGRATION CHECKPOINTS.
(a) FINDINGS.—Congress makes the following findings:
(1) Immigration checkpoints are an important
component of the national strategy to prevent illegal
immigration.
(2) Individuals fleeing immigration checkpoints
and leading law enforcement officials on high speed
vehicle chases endanger law enforcement officers, in-
nocent bystanders, and the fleeing individuals them-
selves.
(3) The pursuit of suspects fleeing immigration
checkpoints is complicated by overlapping jurisdiction
among Federal, State, and local law enforcement offi-
cers.
(b) HIGH SPEED FLIGHT
FROM BORDER CHECK-
POINTS.—Chapter 35 of title 18, United States Code, is
amended by inserting the following new section:
‘‘§ 758. High speed flight from immigration check-
point
‘‘(a) Whoever flees or evades a checkpoint operated by
the Immigration and Naturalization Service or any other
Federal law enforcement agency in a motor vehicle after
entering the United States and flees Federal, State, or local
law enforcement agents in excess of the legal speed limit
shall be imprisoned not more than five years.’’.
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(c) 
GROUNDS
FOR
DEPORTATION.—Section
241(a)(2)(A) (8 U.S.C. 1251(a)(2)(A)) of title 8, United
States Code, is amended by inserting the following new sub-
section:
‘‘(v) HIGH SPEED FLIGHT.—Any alien who is con-
victed of high speed flight from a checkpoint (as defined
by section 758(a) of chapter 35) is deportable.’’.
SEC. 305. CHILDREN BORN ABROAD TO UNITED STATES CIT-
IZEN MOTHERS; TRANSMISSION REQUIRE-
MENTS.
(a) AMENDMENTS TO IMMIGRATION AND NATIONALITY
ACT TECHNICAL CORRECTIONS ACT
OF 1994.—Section
101(d) of the Immigration and Nationality Technical Cor-
rections Act of 1994 (Public Law 103–416) is amended to
read as follows:
‘‘(d) APPLICABILITY
OF
TRANSMISSION
REQUIRE-
MENTS.—Notwithstanding this section and the amendments
made by this section, any provision of law relating to resi-
dence or physical presence in the United States for purposes
of transmitting United States citizenship shall apply to any
person whose claim of citizenship is based on the amend-
ment made by subsection (a), and to any person through
whom such a claim of citizenship is derived.’’.
(b) EFFECTIVE DATE.—The amendment made by this
section shall be deemed to have become effective as of the
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date of enactment of the Immigration and Nationality
Technical Corrections Act of 1994.
SEC. 306. FEE FOR DIVERSITY IMMIGRANT LOTTERY.
The Secretary of State may establish a fee to be paid
by each immigrant issued a visa under subsection (c) of
section 203 of the Immigration and Nationality Act (8
U.S.C. 1153(c)). Such fee may be set at a level so as to
cover the full cost to the Department of State of administer-
ing that subsection, including the cost of processing all ap-
plications thereunder. All such fees collected shall be depos-
ited as an offsetting collection to any Department of State
appropriation and shall remain available for obligation
until expended. The provisions of the Act of August 18, 1856
(Rev. Stat. 1726–28; 22 U.S.C. 4212–14), concerning ac-
counting for consular fees, shall not apply to fees collected
pursuant to this section.
SEC. 307. SUPPORT OF DEMONSTRATION PROJECTS FOR
NATURALIZATION CEREMONIES.
(a) FINDINGS.—The Congress makes the following
findings:
(1) American democracy performs best when the
maximum number of people subject to its laws par-
ticipate in the political process, at all levels of govern-
ment.
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(2) Citizenship actively exercised will better as-
sure that individuals both assert their rights and ful-
fill their responsibilities of membership within our
political community, thereby benefiting all citizens
and residents of the United States.
(3) A number of private and charitable organi-
zations assist in promoting citizenship, and the Sen-
ate urges them to continue to do so.
(b) DEMONSTRATION PROJECTS.—The Attorney Gen-
eral shall make available funds under this section, in each
of 5 consecutive years (beginning with 1996), to the Immi-
gration and Naturalization Service or to other public or
private nonprofit entities to support demonstration projects
under this section at 10 sites throughout the United States.
Each such project shall be designed to provide for the ad-
ministration of the oath of allegiance (under section 337(a)
of the Immigration and Nationality Act) on a business day
around the 4th of July for approximately 500 people whose
application for naturalization has been approved. Each
project shall provide for appropriate outreach and ceremo-
nial and celebratory activities.
(c) SELECTION
OF SITES.—The Attorney General
shall, in the Attorney General’s discretion, select diverse lo-
cations for sites on the basis of the number of naturalization
applicants living in proximity to each site and on the de-
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gree of local community participation and support in the
project to be held at the site. Not more than 2 sites may
be located in the same State. The Attorney General should
consider changing the sites selected from year to year.
(d) AMOUNTS AVAILABLE; USE OF FUNDS.—
(1) AMOUNT.—The amount that may be made
available under this section with respect to any single
site for a year shall not exceed $5,000.
(2) USE.—Funds provided under this section
may only be used to cover expenses incurred carrying
out symbolic swearing-in ceremonies at the dem-
onstration sites, including expenses for—
(A) cost of personnel of the Immigration
and Naturalization Service (including travel
and overtime expenses),
(B) local outreach,
(C) rental of space, and
(D) costs of printing appropriate brochures
and other information about the ceremonies.
(3) AVAILABILITY OF FUNDS.—Funds that are
otherwise available to the Immigration and Natu-
ralization Service to carry out naturalization activi-
ties (including funds in the Immigration Examina-
tions Fee Account, under section 286(n) of the Immi-
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gration and Nationality Act) shall be available under
this section.
(e) APPLICATION.—In the case of an entity other than
the Immigration and Naturalization Service seeking to con-
duct a demonstration project under this section, no amounts
may be made available to the entity under this section un-
less an appropriate application has been made to, and ap-
proved by, the Attorney General, in a form and manner
specified by the Attorney General.
(f) STATE DEFINED.—For purposes of this section, the
term ‘‘State’’ has the meaning given such term in section
101(a)(36) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(36)).
SEC. 308. REVIEW OF CONTRACTS WITH ENGLISH AND
CIVICS TEST ENTITIES.
(a) IN GENERAL.—The Attorney General of the United
States shall investigate and submit a report to the Congress
regarding the practices of test entities authorized to admin-
ister the English and civics tests pursuant to section
312.3(a) of title 8, Code of Federal Regulations. The report
shall include any findings of fraudulent practices by the
testing entities.
(b) PRELIMINARY AND FINAL REPORTS.—Not later
than 90 days after the date of the enactment of this Act,
the Attorney General shall submit to the Congress a prelimi-
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nary report of the findings of the investigation conducted
pursuant to subsection (a) and shall submit to the Congress
a final report within 275 days after the submission of the
preliminary report.
SEC. 309. DESIGNATION OF A UNITED STATES CUSTOMS AD-
MINISTRATIVE BUILDING.
(a) DESIGNATION.—The United States Customs Ad-
ministrative Building at the Ysleta/Zaragosa Port of Entry
located at 797 South Zaragosa Road in El Paso, Texas,
shall be known and designated as the ‘‘Timothy C.
McCaghren Customs Administrative Building’’.
(b) REFERENCES.—Any reference in a law, map, regu-
lation, document, paper, or other record of the United
States to the building referred to in section 1 shall be
deemed to be a reference to the ‘‘Timothy C. McCaghren
Customs Administrative Building’’.
SEC. 310. WAIVER OF FOREIGN COUNTRY RESIDENCE RE-
QUIREMENT 
WITH 
RESPECT 
TO 
INTER-
NATIONAL MEDICAL GRADUATES.
(a) EXTENSION
OF
WAIVER
PROGRAM.—Section
220(c) of the Immigration and Nationality Technical Cor-
rections Act of 1994 (8 U.S.C. 1182 note) is amended by
striking ‘‘June 1, 1996’’ and inserting ‘‘June 1, 2002’’.
(b) CONDITIONS ON FEDERALLY REQUESTED WAIV-
ERS.—Section 212(e) of the Immigration and Nationality
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Act (8 U.S.C. 1184(e)) is amended by inserting after ‘‘ex-
cept that in the case of a waiver requested by a State De-
partment of Public Health or its equivalent’’ the following:
‘‘or in the case of a waiver requested by an interested Unit-
ed States Government agency on behalf of an alien described
in clause (iii)’’.
(c) RESTRICTIONS ON FEDERALLY REQUESTED WAIV-
ERS.—Section 214(k) (8 U.S.C. 1184(k)) is amended to
read as follows:
‘‘(k)(1) In the case of a request by an interested State
agency or by an interested United States Government agen-
cy for a waiver of the two-year foreign residence require-
ment under section 212(e) with respect to an alien described
in clause (iii) of that section, the Attorney General shall
not grant such waiver unless—
‘‘(A) in the case of an alien who is otherwise
contractually obligated to return to a foreign country,
the government of such country furnishes the Director
of the United States Information Agency with a state-
ment in writing that it has no objection to such waiv-
er; and
‘‘(B)(i) in the case of a request by an interested
State agency—
‘‘(I) the alien demonstrates a bona fide offer
of full-time employment, agrees to begin employ-
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ment with the health facility or organization
named in the waiver application within 90 days
of receiving such waiver, and agrees to work for
a total of not less than three years (unless the At-
torney General determines that extenuating cir-
cumstances exist, such as closure of the facility
or hardship to the alien would justify a lesser pe-
riod of time); and
‘‘(II) the alien’s employment continues to
benefit the public interest; or
‘‘(ii) in the case of a request by an interested
United States Government agency—
‘‘(I) the alien demonstrates a bona fide offer
of full-time employment that has been found to
be in the public interest, agrees to begin employ-
ment with the health facility or organization
named in the waiver application within 90 days
of receiving such waiver, and agrees to work for
a total of not less than three years (unless the At-
torney General determines that extenuating cir-
cumstances exist, such as closure of the facility
or hardship to the alien would justify a lesser pe-
riod of time); and
‘‘(II) the alien’s employment continues to
benefit the public interest;
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‘‘(C) in the case of a request by an interested
State agency, the alien agrees to practice medicine in
accordance with paragraph (2) for a total of not less
than three years only in the geographic area or areas
which are designated by the Secretary of Health and
Human Services as having a shortage of health care
professionals; and
‘‘(D) in the case of a request by an interested
State agency, the grant of such a waiver would not
cause the number of waivers allotted for that State for
that fiscal year to exceed 20.
‘‘(2)(A) Notwithstanding section 248(2) the Attorney
General may change the status of an alien that qualifies
under this subsection and section 212(e) to that of an alien
described in section 101(a)(15)(H)(i)(b).
‘‘(B) No person who has obtained a change of status
under subparagraph (A) and who has failed to fulfill the
terms of the contract with the health facility or organization
named in the waiver application shall be eligible to apply
for an immigrant visa, for permanent residence, or for any
other change of nonimmigrant status until it is established
that such person has resided and been physically present
in the country of his nationality or his last residence for
an aggregate of at least two years following departure from
the United States.
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‘‘(3) Notwithstanding any other provisions of this sub-
section, the two-year foreign residence requirement under
section 212(e) shall apply with respect to an alien in clause
(iii) of that section who has not otherwise been accorded
status under section 101(a)(27)(H)—
‘‘(A) in the case of a request by an interested
State agency, if at any time the alien practices medi-
cine in an area other than an area described in para-
graph (1)(C); and
‘‘(B) in the case of a request by an interested
United States Government agency, if at any time the
alien engages in employment for a health facility or
organization not named in the waiver application.’’.
SEC. 
311. 
CONTINUED 
VALIDITY 
OF 
LABOR 
CERTIFI-
CATIONS 
AND 
PETITIONS 
FOR 
PROFES-
SIONAL ATHLETES.
(a) LABOR
CERTIFICATION.—Section 212(a)(5) is
amended by adding at the end the following:
‘‘(D) PROFESSIONAL ATHLETES.—The labor
certification received for a professional athlete
shall remain valid for that athlete after the ath-
lete changes employer if the new employer is a
team in the same sport as the team which em-
ployed the athlete when he first applied for labor
certification hereunder. For purposes of this sub-
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paragraph, the term ‘professional athlete’ means
an individual who is employed as an athlete by
a team that belongs to the National Hockey
League, the National Football League, the Na-
tional Basketball Association, Major League
Baseball, or any minor league which is affiliated
with one of the forgoing leagues.’’.
(b) PETITIONS.—Section 204(a)(1)(D) is amended by
adding at the end the following new sentences: ‘‘A petition
for a professional athlete will remain valid for that athlete
after the athlete changes employers provided that the new
employer is a team in the same sport as the team which
employed the athlete when he first applied for labor certifi-
cation hereunder. For purposes of the preceding sentence,
the term ‘professional athlete’ means an individual who is
employed as an athlete by a team that belongs to the Na-
tional Hockey League, the National Football League, the
National Basketball Association, Major League Baseball, or
any minor league which is affiliated with one of the fore-
going leagues.’’.
SEC. 312. MAIL-ORDER BRIDE BUSINESS.
(a) CONGRESSIONAL FINDINGS.—The Congress makes
the following findings:
(1) There is a substantial ‘‘mail-order bride’’
business in the United States. With approximately
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200 companies in the United States, an estimated
2,000 to 3,500 American men find wives through
mail-order bride catalogs each year. However, there
are no official statistics available on the number of
mail-order brides entering the United States each
year.
(2) The companies engaged in the mail-order
bride business earn substantial profits from their
businesses.
(3) Although many of these mail-order marriages
work out, in many other cases, anecdotal evidence
suggests that mail-order brides often find themselves
in abusive relationships. There is also evidence to sug-
gest that a substantial number of mail-order mar-
riages constitute marriage fraud under United States
law.
(4) Many mail-order brides come to the United
States unaware or ignorant of United States immi-
gration law. Mail-order brides who are battered
spouses often think that if they flee an abusive mar-
riage, they will be deported. Often the citizen spouse
threatens to have them deported if they report the
abuse.
(5) The Immigration and Naturalization Service
estimates the rate of marriage fraud between foreign
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nationals and United States citizens or legal perma-
nent residents as eight percent. It is unclear what
percent of those marriage fraud cases originated as
mail-order marriages.
(b) 
INFORMATION
DISSEMINATION.—Each 
inter-
national matchmaking organization doing business in the
United States shall disseminate to recruits, upon recruit-
ment, such immigration and naturalization information as
the Immigration and Naturalization Service deems appro-
priate, in the recruit’s native language, including informa-
tion regarding conditional permanent residence status, per-
manent resident status, the battered spouse waiver of condi-
tional permanent resident status requirement, marriage
fraud penalties, immigrants’ rights, the unregulated nature
of the business, and the study mandated in subsection (c).
(c) STUDY.—The Attorney General, in consultation
with the Commissioner of Immigration and Naturalization
and the Violence Against Women Office of the Department
of Justice, shall conduct a study to determine, among other
things—
(1) the number of mail-order marriages;
(2) the extent of marriage fraud arising as a re-
sult of the services provided by international match-
making organizations;
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(3) the extent to which mail-order spouses utilize
section 244(a)(3) of the Immigration and Nationality
Act providing for waiver of deportation in the event
of abuse, or section 204(a)(1)(A)(iii) of such Act pro-
viding for self-petitioning for permanent resident sta-
tus;
(4) the extent of domestic abuse in mail-order
marriages; and
(5) the need for continued or expanded regula-
tion and education to implement the objectives of the
Violence Against Women Act of 1994 in this area.
(d) REPORT.—Not later than one year after the date
of enactment of this Act, the Attorney General shall submit
a report to the Congress setting forth the results of the study
conducted under subsection (c).
(e) CIVIL PENALTY.—(1) The Attorney General shall
impose a civil penalty of not to exceed $20,000 for each
violation of subsection (b).
(2) Any penalty under paragraph (1) may be imposed
only after notice and opportunity for an agency hearing
on the record in accordance with sections 554 through 557
of title 5, United States Code.
(f) DEFINITIONS.—As used in this section:
(1) INTERNATIONAL
MATCHMAKING
ORGANIZA-
TION.—The term ‘‘international matchmaking organi-
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zation’’ means a corporation, partnership, business,
or other legal entity, whether or not organized under
the laws of the United States or any State, that does
business in the United States and for profit offers to
United States citizens or permanent resident aliens,
dating, matrimonial, or social referral services to
nonresident, noncitizens, by—
(A) an exchange of names, telephone num-
bers, addresses, or statistics;
(B) selection of photographs; or
(C) a social environment provided by the
organization in a country other than the United
States.
(2) RECRUIT.—The term ‘‘recruit’’ means a non-
citizen, nonresident person, recruited by the inter-
national matchmaking organization for the purpose
of providing dating, matrimonial, or social referral
services to United States citizens or permanent resi-
dent aliens.
SEC. 313. APPROPRIATIONS FOR CRIMINAL ALIEN TRACK-
ING CENTER.
Section 130002(b) of the Violent Crime Control and
Law Enforcement Act of 1994 (8 U.S.C. 1252 note) is
amended—
(1) by inserting ‘‘and’’ after ‘‘1996;’’, and
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(2) by striking paragraph (2) and all that fol-
lows through the end period and inserting the follow-
ing:
‘‘(2) $5,000,000 for each of fiscal years 1997
through 2001.’’.
SEC. 314. BORDER PATROL MUSEUM
(a) AUTHORITY.—Notwithstanding section 203 of the
Federal Property and Administrative Services Act of 1949
(40 U.S.C. 484) or any other provision of law, the Attorney
General is authorized to transfer and convey to the Border
Patrol Museum and Memorial Library Foundation, incor-
porated in the State of Texas, such equipment, artifacts,
and memorabilia held by the Immigration and Naturaliza-
tion Service, as the Attorney General may determine is nec-
essary to further the purposes of the Museum and Founda-
tion.
(b) TECHNICAL ASSISTANCE.—The Attorney General
is authorized to provide technical assistance, through the
detail of personnel of the Immigration and Naturalization
Service, to the Border Patrol Museum and Memorial Li-
brary Foundation for the purpose of demonstrating the use
of the items transferred under subsection (a).
SEC. 315. PILOT PROGRAMS TO PERMIT BONDING.
(a) IN GENERAL.—The Attorney General of the United
States shall establish a pilot program in 5 INS district of-
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fices (at least 2 of which are in States selected for a dem-
onstration project under section 112 of this Act) to require
aliens to post a bond in lieu of the affidavit requirements
in section 203 of the Immigration Control and Financial
Responsibility Act of 1996 and the deeming requirements
in section 204 of such Act. Any pilot program established
pursuant to this subsection shall require an alien to post
a bond in an amount sufficient to cover the cost of benefits
for the alien and the alien’s dependents under the programs
described in section 241(a)(5)(D) of the Immigration and
Nationality Act (8 U.S.C. 1251(a)(5)(D)) and shall remain
in effect until the alien and all members of the alien’s fam-
ily permanently depart from the United States, are natu-
ralized, or die. Suit on any such bonds may be brought
under the terms and conditions set forth in section 213 of
the Immigration and Nationality Act.
(b) REGULATIONS.—Not later than 180 days after the
date of the enactment of this Act, the Attorney General shall
issue regulations for establishing the pilot programs, includ-
ing—
(1) criteria and procedures for—
(A) certifying bonding companies for par-
ticipation in the program, and
(B) debarment of any such company that
fails to pay a bond, and
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(2) criteria for setting the amount of the bond to
assure that the bond is in an amount that is not less
than the cost of providing benefits under the programs
described in section 241(a)(5)(D) for the alien and the
alien’s dependents for 6 months.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary to carry out this section.
(d) ANNUAL REPORTING REQUIREMENT.—The Attor-
ney General shall report annually to Congress on the effec-
tiveness of the pilot program, once within 9 months and
again within 1 year and 9 months after the pilot program
begins operating.
(e) SUNSET.—The pilot program shall sunset after 2
years of operation.
SEC. 316. MINIMUM STATE INS PRESENCE.
(a) IN GENERAL.—Section 103 (8 U.S.C. 1103) is
amended by adding at the end the following new subsection:
‘‘(e) The Attorney General shall ensure that no State
is allocated fewer than 10 full-time active duty agents of
the Immigration and Naturalization Service to carry out
the enforcement, examinations, and inspections functions of
the Service for the purposes of effective enforcement of the
Immigration and Nationality Act.’’.
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(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect 90 days after the date of enact-
ment of this Act.
SEC. 
317. 
DISQUALIFICATION 
FROM 
ATTAINING 
NON-
IMMIGRANT OR PERMANENT RESIDENCE STA-
TUS.
(a) DISAPPROVAL OF PETITIONS.—Section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) is
amended by adding at the end the following new subsection:
‘‘(i) Restrictions on future entry of aliens apprehended
for violating immigration laws.
‘‘(1) The Attorney General may not approve any
petition for lawful permanent residence status filed by
an alien or any person on behalf of an alien (other
than petitions filed by or on behalf of spouses of Unit-
ed States citizens or of aliens lawfully admitted for
permanent residence) who has at any time been ap-
prehended in the United States for (A) entry without
inspection, or (B) failing to depart from the United
States within one year of the expiration of any non-
immigrant visa, until the date that is ten years after
the alien’s departure or removal from the United
States.’’.
(b) VIOLATION OF IMMIGRATION LAW AS GROUNDS
FOR EXCLUSION.—Section 212(a)(6) of the Immigration
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and Nationality Act (8 U.S.C. 1182(a)(6)) is amended by
adding at the end the following new subparagraph:
‘‘(G) Any alien who (i) has at any time
been apprehended in the United States for entry
without inspection, or (ii) has failed to depart
from the United States within one year of the ex-
piration date of any nonimmigrant visa, unless
such alien has applied for and been granted asy-
lum or refugee status in the United States or has
a bona fide application for asylum pending, is
excludable until the date that is ten years after
the alien’s departure or removal from the United
States.’’.
(c) DENIAL OF ADJUSTMENT OF STATUS.—Section
245(c) of the Immigration and Nationality Act (8 U.S.C.
1255(c)) is amended—
(1) by striking ‘‘or (5)’’ and inserting ‘‘(5)’’; and
(2) by inserting before the period the following:
‘‘or (6) any alien who (A) has at any time been ap-
prehended in the United States for entry without in-
spection, or (B) has failed to depart from the United
States within one year of the expiration under section
208 date of any nonimmigrant visa, unless such alien
has applied for and been granted asylum or refugee
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SEC. 318. PASSPORTS ISSUED FOR CHILDREN UNDER 16.
(a) IN GENERAL.—Section 1 of title IX of the Act of
June 15, 1917 (22 U.S.C. 213) is amended—
(1) by striking ‘‘Before’’ and insert ‘‘(a) IN GEN-
ERAL.—Before’’, and
(2) by adding at the end the following new sub-
section:
‘‘(b) PASSPORTS ISSUED FOR CHILDREN UNDER 16.—
‘‘(1) SIGNATURES REQUIRED.—In the case of a
child under the age of 16, the written application re-
quired as a prerequisite to the issuance of a passport
for such child shall be signed by—
‘‘(A) both parents of the child if the child
lives with both parents;
‘‘(B) the parent of the child having primary
custody of the child if the child does not live with
both parents; or
‘‘(C) the surviving parent (or legal guard-
ian) of the child, if 1 or both parents are de-
ceased.
‘‘(2) WAIVER.—The Secretary of State may
waive the requirements of paragraph (1)(A) if the
Secretary determines that circumstances do not per-
mit obtaining the signatures of both parents.’’.
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(b) EFFECTIVE DATE.—The amendments made by this
section shall apply to applications for passports filed on
or after the date of enactment of this Act.
SEC. 319. EXCLUSION OF CERTAIN ALIENS FROM FAMILY
UNITY PROGRAM.
Section 301(e) of the Immigration Act of 1990 (8
U.S.C. 1255a note) is amended to read as follows:
‘‘(e) EXCEPTION FOR CERTAIN ALIENS.—An alien is
not eligible for a new grant or extension of benefits of this
section if the Attorney General finds that the alien—
‘‘(1) has been convicted of a felony or 3 or more
misdemeanors in the United States,
‘‘(2) is described in section 243(h)(2) of the Im-
migration and Nationality Act, or
‘‘(3) has committed an act of juvenile delin-
quency which if committed by an adult would be clas-
sified as—
‘‘(A) a felony crime of violence that has an
element the use or attempted use of physical force
against the person of another; or
‘‘(B) a felony offense that by its nature in-
volves a substantial risk that physical force
against the person of another may be used in the
course of committing the offense.’’.
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SEC. 320. TO ENSURE APPROPRIATELY STRINGENT PEN-
ALTIES FOR CONSPIRING WITH OR ASSISTING
AN ALIEN TO COMMIT AN OFFENSE UNDER
THE CONTROLLED SUBSTANCES IMPORT AND
EXPORT ACT.
(a) Not later than 6 months following enactment of
this Act, the United States Sentencing Commission shall
conduct a review of the guidelines applicable to an offender
who conspires with, or aids or abets, a person who is not
a citizen or national of the United States in committing
any offense under section 1010 of the Controlled Substance
Import and Export Act (21 U.S.C. 960).
(b) Following such review, pursuant to section 994(p)
of title 28, United States Code, the Commission shall pro-
mulgate sentencing guidelines or amend existing sentencing
guidelines to ensure an appropriately stringent sentence for
such offenders.
SEC. 321. REVIEW AND REPORT ON H–2A NONIMMIGRANT
WORKERS PROGRAM.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that the enactment of this Act may impact the
future availability of an adequate work force for the produc-
ers of our Nation’s labor intensive agricultural commodities
and livestock.
(b) REVIEW.—The Comptroller General shall review
the effectiveness of the H–2A nonimmigrant worker pro-
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gram to ensure that the program provides a workable safety
valve in the event of future shortages of domestic workers
after the enactment of this Act. Among other things, the
Comptroller General shall review the program to deter-
mine—
(1) that the program ensures that an adequate
supply of qualified United States workers is available
at the time and place needed for employers seeking
such workers after the date of enactment of this Act;
(2) that the program ensures that there is timely
approval of applications for temporary foreign work-
ers under the H–2A nonimmigrant worker program
in the event of shortages of United States workers
after the date of enactment of this Act;
(3) that the program ensures that implementa-
tion of the H–2A nonimmigrant worker program is
not displacing United States agricultural workers or
diminishing the terms and conditions of employment
of United States agricultural workers; and
(4) if and to what extent the H–2A non-
immigrant worker program is contributing to the
problem of illegal immigration.
(c) REPORT.—Not later than December 31, 1996, or
three months after the date of enactment of this Act, which-
ever is sooner, the Comptroller General shall submit a re-
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port to Congress setting forth the findings of the review con-
ducted under subsection (b).
(d) DEFINITIONS.—As used in this section—
(1) the term ‘‘Comptroller General’’ means the
Comptroller General of the United States; and
(2) the term ‘‘H–2A nonimmigrant worker pro-
gram’’ means the program for the admission of non-
immigrant 
aliens 
described 
in 
section
101(a)(15)(H)(ii)(a) of the Immigration and Nation-
ality Act.
SEC. 322. FINDINGS RELATED TO THE ROLE OF INTERIOR
BORDER PATROL STATIONS.
The Congress makes the following findings:
(1) The Immigration and Naturalization Service
has drafted a preliminary plan for the removal of 200
Border Patrol agents from interior stations and the
transfer of these agents to the Southwest border.
(2) The INS has stated that it intends to carry
out this transfer without disrupting service and sup-
port to the communities in which interior stations are
located.
(3) Briefings conducted by INS personnel in
communities with interior Border Patrol stations
have revealed that Border Patrol agents at interior
stations, particularly those located in Southwest bor-
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der States, perform valuable law enforcement func-
tions that cannot be performed by other INS person-
nel.
(4) The transfer of 200 Border Patrol agents
from interior stations to the Southwest border, which
would not increase the total number of law enforce-
ment personnel at INS, would cost the Federal Gov-
ernment approximately $12,000,000.
(5) The cost to the Federal Government of hiring
new criminal investigators and other personnel for
interior stations is likely to be greater than the cost
of retaining Border Patrol agents at interior stations.
(6) The first recommendation of the report by the
National Task Force on Immigration was to increase
the number of Border Patrol agents at the interior
stations.
(7) Therefore, it is the sense of the Congress
that—
(A) the United States Border Patrol plays
a key role in apprehending and deporting un-
documented aliens throughout the United States;
(B) interior Border Patrol stations play a
unique and critical role in the agency’s enforce-
ment mission and serve as an invaluable second
line of defense in controlling illegal immigration