In the Senate of the United States,
May 2, 1996.
Resolved, That the bill from the House of Representa-
tives (H.R. 2202) entitled ‘‘An Act to amend the Immigra-
tion and Nationality Act to improve deterrence of illegal im-
migration to the United States by increasing border patrol
and investigative personnel, by increasing penalties for alien
smuggling and for document fraud, by reforming exclusion
and deportation law and procedures, by improving the ver-
ification system for eligibility for employment, and through
other measures, to reform the legal immigration system and
facilitate legal entries into the United States, and for other
purposes’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Im-
migration Control and Financial Responsibility Act of
1996’’.
(b) REFERENCES IN ACT.—Except as otherwise spe-
cifically provided in this Act, whenever in this Act an
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amendment or repeal is expressed as an amendment to or
repeal of a provision, the reference shall be deemed to be
made to the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title; references in Act.
Sec. 2. Table of contents.
TITLE I—IMMIGRATION CONTROL
Subtitle A—Law Enforcement
Part 1—Additional Enforcement Personnel and Facilities
Sec. 101. Border Patrol agents.
Sec. 102. Investigators.
Sec. 103. Land border inspectors.
Sec. 104. Investigators of visa overstayers.
Sec. 105. Increased personnel levels for the Labor Department.
Sec. 106. Increase in INS detention facilities.
Sec. 107. Hiring and training standards.
Sec. 108. Construction of physical barriers, deployment of technology and im-
provements to roads in the border area near San Diego, Califor-
nia.
Sec. 109. Preserve law enforcement functions and capabilities in interior States.
Part 2—Verification of Eligibility to Work and to Receive Public Assistance
SUBPART A—DEVELOPMENT OF NEW VERIFICATION SYSTEM
Sec. 111. Establishment of new system.
Sec. 112. Demonstration projects.
Sec. 113. Comptroller General monitoring and reports.
Sec. 114. General nonpreemption of existing rights and remedies.
Sec. 115. Definitions.
SUBPART B—STRENGTHENING EXISTING VERIFICATION PROCEDURES
Sec. 116. Changes in list of acceptable employment-verification documents.
Sec. 117. Treatment of certain documentary practices as unfair immigration-re-
lated employment practices.
Sec. 118. Improvements in identification-related documents.
Sec. 119. Enhanced civil penalties if labor standards violations are present.
Sec. 120. Increased number of Assistant United States Attorneys to prosecute
cases of unlawful employment of aliens or document fraud.
Sec. 120A. Subpoena authority for cases of unlawful employment of aliens or doc-
ument fraud.
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Sec. 120B. Task force to improve public education regarding unlawful employ-
ment of aliens and unfair immigration-related employment
practices.
Sec. 120C. Nationwide fingerprinting of apprehended aliens.
Sec. 120D. Application of verification procedures to State agency referrals of em-
ployment.
Sec. 120E. Retention of verification form.
Part 3—Alien Smuggling; Document Fraud
Sec. 121. Wiretap authority for investigations of alien smuggling or document
fraud.
Sec. 122. Additional coverage in RICO for offenses relating to alien smuggling
and document fraud.
Sec. 123. Increased criminal penalties for alien smuggling.
Sec. 124. Admissibility of videotaped witness testimony.
Sec. 125. Expanded forfeiture for alien smuggling and document fraud.
Sec. 126. Criminal forfeiture for alien smuggling, unlawful employment of aliens,
or document fraud.
Sec. 127. Increased criminal penalties for fraudulent use of government-issued
documents.
Sec. 128. Criminal penalty for false statement in a document required under the
immigration laws or knowingly presenting document which fails
to contain reasonable basis in law or fact.
Sec. 129. New criminal penalties for failure to disclose role as preparer of false
application for asylum or for preparing certain post-conviction
applications.
Sec. 130. New document fraud offenses; new civil penalties for document fraud.
Sec. 131. Penalties for involuntary servitude.
Sec. 132. Exclusion relating to material support to terrorists.
Part 4—Exclusion and Deportation
Sec. 141. Special exclusion in extraordinary migration situations.
Sec. 142. Judicial review of orders of exclusion and deportation.
Sec. 143. Civil penalties and visa ineligibility, for failure to depart.
Sec. 144. Conduct of proceedings by electronic means.
Sec. 145. Subpoena authority.
Sec. 146. Language of deportation notice; right to counsel.
Sec. 147. Addition of nonimmigrant visas to types of visa denied for countries
refusing to accept deported aliens.
Sec. 148. Authorization of special fund for costs of deportation.
Sec. 149. Pilot program to increase efficiency in removal of detained aliens.
Sec. 150. Limitations on relief from exclusion and deportation.
Sec. 151. Alien stowaways.
Sec. 152. Pilot program on interior repatriation and other methods to deter mul-
tiple unlawful entries.
Sec. 153. Pilot program on use of closed military bases for the detention of ex-
cludable or deportable aliens.
Sec. 154. Physical and mental examinations.
Sec. 155. Certification requirements for foreign health-care workers.
Sec. 156. Increased bar to reentry for aliens previously removed.
Sec. 157. Elimination of consulate shopping for visa overstays.
Sec. 158. Incitement as a basis for exclusion from the United States.
Sec. 159. Conforming amendment to withholding of deportation.
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Part 5—Criminal Aliens
Sec. 161. Amended definition of aggravated felony.
Sec. 162. Ineligibility of aggravated felons for adjustment of status.
Sec. 163. Expeditious deportation creates no enforceable right for aggravated fel-
ons.
Sec. 164. Custody of aliens convicted of aggravated felonies.
Sec. 165. Judicial deportation.
Sec. 166. Stipulated exclusion or deportation.
Sec. 167. Deportation as a condition of probation.
Sec. 168. Annual report on criminal aliens.
Sec. 169. Undercover investigation authority.
Sec. 170. Prisoner transfer treaties.
Sec. 170A. Prisoner transfer treaties study.
Sec. 170B. Using alien for immoral purposes, filing requirement.
Sec. 170C. Technical corrections to Violent Crime Control Act and Technical Cor-
rections Act.
Sec. 170D. Demonstration project for identification of illegal aliens in incarcer-
ation facility of Anaheim, California.
Part 6—Miscellaneous
Sec. 171. Immigration emergency provisions.
Sec. 172. Authority to determine visa processing procedures.
Sec. 173. Joint study of automated data collection.
Sec. 174. Automated entry-exit control system.
Sec. 175. Use of legalization and special agricultural worker information.
Sec. 176. Rescission of lawful permanent resident status.
Sec. 177. Communication between Federal, State, and local government agencies,
and the Immigration and Naturalization Service.
Sec. 178. Authority to use volunteers.
Sec. 179. Authority to acquire Federal equipment for border.
Sec. 180. Limitation on legalization litigation.
Sec. 181. Limitation on adjustment of status.
Sec. 182. Report on detention space.
Sec. 183. Compensation of immigration judges.
Sec. 184. Acceptance of State services to carry out immigration enforcement.
Sec. 185. Alien witness cooperation.
Subtitle B—Other Control Measures
Part 1—Parole Authority
Sec. 191. Usable only on a case-by-case basis for humanitarian reasons or signifi-
cant public benefit.
Sec. 192. Inclusion in worldwide level of family-sponsored immigrants.
Part 2—Asylum
Sec. 193. Time limitation on asylum claims.
Sec. 194. Limitation on work authorization for asylum applicants.
Sec. 195. Increased resources for reducing asylum application backlogs.
Part 3—Cuban Adjustment Act
Sec. 196. Repeal and exception.
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Subtitle C—Effective Dates
Sec. 197. Effective dates.
TITLE II—FINANCIAL RESPONSIBILITY
Subtitle A—Receipt of Certain Government Benefits
Sec. 201. Ineligibility of excludable, deportable, and nonimmigrant aliens.
Sec. 202. Definition of ‘‘public charge’’ for purposes of deportation.
Sec. 203. Requirements for sponsor’s affidavit of support.
Sec. 204. Attribution of sponsor’s income and resources to family-sponsored im-
migrants.
Sec. 205. Verification of student eligibility for postsecondary Federal student fi-
nancial assistance.
Sec. 206. Authority of States and localities to limit assistance to aliens and to
distinguish among classes of aliens in providing general public
assistance.
Sec. 207. Increased maximum criminal penalties for forging or counterfeiting seal
of a Federal department or agency to facilitate benefit fraud by
an unlawful alien.
Sec. 208. State option under the medicaid program to place anti-fraud investiga-
tors in hospitals.
Sec. 209. Computation of targeted assistance.
Subtitle B—Miscellaneous Provisions
Sec. 211. Reimbursement of States and localities for emergency medical assistance
for certain illegal aliens.
Sec. 212. Treatment of expenses subject to emergency medical services exception.
Sec. 213. Pilot programs.
Sec. 214. Use of public schools by nonimmigrant foreign students.
Sec. 215. Pilot program to collect information relating to nonimmigrant foreign
students.
Sec. 216. False claims of United States citizenship.
Sec. 217. Voting by aliens.
Sec. 218. Exclusion grounds for offenses of domestic violence, stalking, crimes
against children, and crimes of sexual violence.
SUBTITLE C—HOUSING ASSISTANCE
Sec. 221. Short title.
Sec. 222. Prorating of financial assistance.
Sec. 223. Actions in cases of termination of financial assistance.
Sec. 224. Verification of immigration status and eligibility for financial assist-
ance.
Sec. 225. Prohibition of sanctions against entities making financial assistance
eligibility determinations.
Sec. 226. Eligibility for public and assisted housing.
Sec. 227. Regulations.
SUBTITLE D—EFFECTIVE DATES
Sec. 231. Effective dates.
TITLE III—MISCELLANEOUS PROVISIONS
Sec. 301. Changes regarding visa application process.
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Sec. 302. Visa waiver program.
Sec. 303. Technical amendment.
Sec. 304. Criminal penalties for high speed flights from immigration checkpoints.
Sec. 305. Children born abroad to United States citizen mothers; transmission re-
quirements.
Sec. 306. Fee for diversity immigrant lottery.
Sec. 307. Support of demonstration projects for naturalization ceremonies.
Sec. 308. Review of contracts with English and civics test entities.
Sec. 309. Designation of a United States customs administrative building.
Sec. 310. Waiver of foreign country residence requirement with respect to inter-
national medical graduates.
Sec. 311. Continued validity of labor certifications and petitions for professional
athletes.
Sec. 312. Mail-order bride business.
Sec. 313. Appropriations for Criminal Alien Tracking Center.
Sec. 314. Border Patrol Museum.
Sec. 315. Pilot programs to permit bonding.
Sec. 316. Minimum State INS presence.
Sec. 317. Disqualification from attaining nonimmigrant or permanent residence
status.
Sec. 318. Passports issued for children under 16.
Sec. 319. Exclusion of certain aliens from family unity program.
Sec. 320. To ensure appropriately stringent penalties for conspiring with or as-
sisting an alien to commit an offense under the Controlled Sub-
stances Import and Export Act.
Sec. 321. Review and report on H–2A nonimmigrant workers program.
Sec. 322. Findings related to the role of interior Border Patrol stations.
Sec. 323. Administrative review of orders.
Sec. 324. Social Security Act.
Sec. 325. Housing and Community Development Act of 1980.
Sec. 326. Higher Education Act of 1965.
Sec. 327. Land acquisition authority.
Sec. 328. Services to family members of INS officers killed in the line of duty.
Sec. 329. Powers and duties of the Attorney General and the Commissioner.
Sec. 330. Preclearance authority.
Sec. 331. Confidentiality provision for certain alien battered spouses and chil-
dren.
Sec. 332. Development of prototype of counterfeit-resistant Social Security card
required.
Sec. 333. Report on allegations of harassment by Canadian customs agents.
Sec. 334. Sense of Congress on the discriminatory application of the New Bruns-
wick Provincial Sales Tax.
Sec. 335. Female genital mutilation.
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TITLE I—IMMIGRATION
CONTROL
Subtitle A—Law Enforcement
PART 1—ADDITIONAL ENFORCEMENT
PERSONNEL AND FACILITIES
SEC. 101. BORDER PATROL AGENTS.
(a) BORDER PATROL AGENTS.—The Attorney General,
in fiscal year 1996 shall increase by no less than 700, and
in each of fiscal years 1997, 1998, 1999, and 2000, shall
increase by no less than 1,000, the number of positions for
full-time, active-duty Border Patrol agents within the Im-
migration and Naturalization Service above the number of
such positions for which funds were allotted for the preced-
ing fiscal year.
(b) BORDER PATROL SUPPORT PERSONNEL.—The At-
torney General, in each of fiscal years 1996, 1997, 1998,
1999, and 2000, may increase by not more than 300 the
number of positions for personnel in support of Border Pa-
trol agents above the number of such positions for which
funds were allotted for the preceding fiscal year.
SEC. 102. INVESTIGATORS.
(a) AUTHORIZATION.—There are authorized to be ap-
propriated to the Department of Justice such funds as may
be necessary to enable the Commissioner of the Immigration
and Naturalization Service to increase the number of inves-
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tigators and support personnel to investigate potential vio-
lations of sections 274 and 274A of the Immigration and
Nationality Act (8 U.S.C. 1324 and 1324a) by a number
equivalent to 300 full-time active-duty investigators in each
of fiscal years 1996, 1997, and 1998.
(b) LIMITATION ON OVERTIME.—None of the funds
made available to the Immigration and Naturalization
Service under this section shall be available for administra-
tive expenses to pay any employee overtime pay in an
amount in excess of $25,000 for any fiscal year.
SEC. 103. LAND BORDER INSPECTORS.
In order to eliminate undue delay in the thorough in-
spection of persons and vehicles lawfully attempting to
enter the United States, the Attorney General and the Sec-
retary of the Treasury shall increase, by approximately
equal numbers in each of fiscal years 1996 and 1997, the
number of full-time land border inspectors assigned to ac-
tive duty by the Immigration and Naturalization Service
and the United States Customs Service to a level adequate
to assure full staffing during peak crossing hours of all bor-
der crossing lanes currently in use, under construction, or
whose construction has been authorized by Congress, except
such low-use lanes as the Attorney General may designate.
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SEC. 104. INVESTIGATORS OF VISA OVERSTAYERS.
There are authorized to be appropriated to the Depart-
ment of Justice such funds as may be necessary to enable
the Commissioner of the Immigration and Naturalization
Service to increase the number of investigators and support
personnel to investigate visa overstayers by a number equiv-
alent to 300 full-time active-duty investigators in fiscal
year 1996.
SEC. 105. INCREASED PERSONNEL LEVELS FOR THE LABOR
DEPARTMENT.
(a) INVESTIGATORS.—The Secretary of Labor, in con-
sultation with the Attorney General, is authorized to hire
in the Wage and Hour Division of the Department of Labor
for fiscal years 1996 and 1997 not more than 350 investiga-
tors and staff to enforce existing legal sanctions against em-
ployers who violate current Federal wage and hour laws
except that not more than 150 of the number of investigators
authorized in this subparagraph shall be designated for the
purpose of carrying out the responsibilities of the Secretary
of Labor to conduct investigations, pursuant to a complaint
or based on receipt of credible material information, where
there is reasonable cause to believe that an employer has
made a misrepresentation of a material fact on a labor cer-
tification application under section 212(a)(5) of the Immi-
gration and Nationality Act or has failed to comply with
the terms and conditions of such an application.
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(b) ASSIGNMENT OF ADDITIONAL PERSONNEL.—Indi-
viduals employed to fill the additional positions described
in subsection (a) shall be assigned to investigate violations
of wage and hour laws in areas where the Attorney General
has notified the Secretary of Labor that there are high con-
centrations of aliens present in the United States in viola-
tion of law.
(c) PREFERENCE FOR BILINGUAL WAGE AND HOUR
INSPECTORS.—In hiring new wage and our inspectors pur-
suant to this section, the Secretary of Labor shall give pri-
ority to the employment of multilingual candidates who are
proficient in both English and such other language or lan-
guages as may be spoken in the region in which such inspec-
tors are likely to be deployed.
SEC. 106. INCREASE IN INS DETENTION FACILITIES.
Subject to the availability of appropriations, the Attor-
ney General shall provide for an increase in the detention
facilities of the Immigration and Naturalization Service to
at least 9,000 beds before the end of fiscal year 1997.
SEC. 107. HIRING AND TRAINING STANDARDS.
(a) REVIEW OF HIRING STANDARDS.—Within 60 days
of the enactment of this title, the Attorney General shall
review all prescreening and hiring standards to be utilized
by the Immigration and Naturalization Service to increase
personnel pursuant to this title and, where necessary, revise
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those standards to ensure that they are consistent with rel-
evant standards of professionalism.
(b) CERTIFICATION.—At the conclusion of each of the
fiscal years 1996, 1997, 1998, 1999, and 2000, the Attorney
General shall certify in writing to the Congress that all per-
sonnel hired pursuant to this title for the previous fiscal
year were hired pursuant to the appropriate standards.
(c) REVIEW OF TRAINING STANDARDS.—(1) Within
180 days of the date of the enactment of this Act, the Attor-
ney General shall review the sufficiency of all training
standards to be utilized by the Immigration and Natu-
ralization Service in training all personnel hired pursuant
to this title.
(2)(A) The Attorney General shall submit a report to
the Congress on the results of the review conducted under
paragraph (1), including—
(i) a description of the status of ongoing efforts
to update and improve training throughout the Immi-
gration and Naturalization Service, and
(ii) a statement of a timeframe for the comple-
tion of those efforts.
(B) In addition, the report shall disclose those areas
of training that the Attorney General determines require
additional or ongoing review in the future.
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SEC. 108. CONSTRUCTION OF PHYSICAL BARRIERS, DE-
PLOYMENT OF TECHNOLOGY AND IMPROVE-
MENTS TO ROADS IN THE BORDER AREA
NEAR SAN DIEGO, CALIFORNIA.
There are authorized to be appropriated funds of
$12,000,000 for the construction, expansion, improvement
or deployment of triple-fencing in addition to that currently
under construction, where such triple-fencing is determined
by the Immigration and Naturalization Service (INS) to
be safe and effective, and in addition, bollard style concrete
columns, all weather roads, low light television systems,
lighting, sensors and other technologies along the inter-
national land border between the United States and Mexico
south of San Diego, California, for the purpose of detecting
and deterring unlawful entry across the border. Amounts
appropriated under this section are authorized to remain
available until expended. The INS, while constructing the
additional fencing, shall incorporate the necessary safety
features into the design of the fence system to insure the
well-being of Border Patrol agents deployed within or in
near proximity to these additional barriers.
SEC. 109. PRESERVE LAW ENFORCEMENT FUNCTIONS AND
CAPABILITIES IN INTERIOR STATES.
The Immigration and Naturalization Service shall,
when deploying Border Patrol personnel from interior sta-
tions, coordinate with and act in conjunction with State
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and local law enforcement agencies to ensure that such rede-
ployment does not degrade or compromise the law enforce-
ment capabilities and functions currently performed at in-
terior Border Patrol stations.
PART 2—VERIFICATION OF ELIGIBILITY TO WORK
AND TO RECEIVE PUBLIC ASSISTANCE
Subpart A—Development of New Verification System
SEC. 111. ESTABLISHMENT OF NEW SYSTEM.
(a) IN GENERAL.—(1) Not later than three years after
the date of enactment of this Act or, within one year after
the end of the last renewed or additional demonstration
project (if any) conducted pursuant to the exception in sec-
tion 112(a)(4), whichever is later, the President shall—
(A) develop and recommend to the Congress a
plan for the establishment of a data system or alter-
native system (in this part referred to as the ‘‘sys-
tem’’), subject to subsections (b) and (c), to verify eli-
gibility for employment in the United States, and im-
migration status in the United States for purposes of
eligibility for benefits under public assistance pro-
grams (as defined in section 201(f)(3) or government
benefits described in section 201(f)(4));
(B) submit to the Congress a report setting
forth—
(i) a description of such recommended plan;
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(ii) data on and analyses of the alternatives
considered in developing the plan described in
subparagraph (A), including analyses of data
from the demonstration projects conducted pur-
suant to section 112; and
(iii) data on and analysis of the system de-
scribed in subparagraph (A), including estimates
of—
(I) the proposed use of the system, on
an industry-sector by industry-sector basis;
(II) the public assistance programs
and government benefits for which use of the
system is cost-effective and otherwise appro-
priate;
(III) the cost of the system;
(IV) the financial and administrative
cost to employers;
(V) the reduction of undocumented
workers in the United States labor force re-
sulting from the system;
(VI) 
any 
unlawful 
discrimination
caused by or facilitated by use of the
system;
(VII) any privacy intrusions caused by
misuse or abuse of system;
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(VIII) the accuracy rate of the system;
and
(IX) the overall costs and benefits that
would result from implementation of the
system.
(2) The plan described in paragraph (1) shall take ef-
fect on the date of enactment of a bill or joint resolution
approving the plan.
(b) OBJECTIVES.—The plan described in subsection
(a)(1) shall have the following objectives:
(1) To substantially reduce illegal immigration
and unauthorized employment of aliens.
(2) To increase employer compliance, especially
in industry sectors known to employ undocumented
workers, with laws governing employment of aliens.
(3) To protect individuals from national origin
or citizenship-based unlawful discrimination and
from loss of privacy caused by use, misuse, or abuse
of personal information.
(4) To minimize the burden on business of ver-
ification of eligibility for employment in the United
States, including the cost of the system to employers.
(5) To ensure that those who are ineligible for
public assistance or other government benefits are de-
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nied or terminated, and that those eligible for public
assistance or other government benefits shall—
(A) be provided a reasonable opportunity to
submit evidence indicating a satisfactory immi-
gration status; and
(B) not have eligibility for public assistance
or other government benefits denied, reduced, ter-
minated, or unreasonably delayed on the basis of
the individual’s immigration status until such a
reasonable opportunity has been provided.
(c) SYSTEM REQUIREMENTS.—(1) A verification sys-
tem may not be implemented under this section unless the
system meets the following requirements:
(A) The system must be capable of reliably deter-
mining with respect to an individual whether—
(i) the person with the identity claimed by
the individual is authorized to work in the Unit-
ed States or has the immigration status being
claimed; and
(ii) the individual is claiming the identity
of another person.
(B) Any document required by the system must
be presented to or examined by either an employer or
an administrator of public assistance or other govern-
ment benefits, as the case may be, and—
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(i) must be in a form that is resistant to
counterfeiting and to tampering; and
(ii) must not be required by any Govern-
ment entity or agency as a national identifica-
tion card or to be carried or presented except—
(I) to verify eligibility for employment
in the United States or immigration status
in the United States for purposes of eligi-
bility for benefits under public assistance
programs (as defined in section 201(f)(3) or
government benefits described in section
201(f)(4));
(II) to enforce the Immigration and
Nationality Act or sections 911, 1001, 1028,
1542, 1546, or 1621 of title 18, United
States Code; or
(III) if the document was designed for
another purposes (such as a license to drive
a motor vehicle, a certificate of birth, or a
social security account number card issued
by the Administration), as required under
law for such other purpose.
(C) The system must not be used for law enforce-
ment purposes other than the purposes described in
subparagraph (B).
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(D) The system must ensure that information is
complete, accurate, verifiable, and timely. Corrections
or additions to the system records of an individual
provided by the individual, the Administration, or the
Service, or other relevant Federal agency, must be
checked for accuracy, processed, and entered into the
system within 10 business days after the agency’s ac-
quisition of the correction or additional information.
(E)(i) Any personal information obtained in
connection with a demonstration project under section
112 must not be made available to Government agen-
cies, employers, or other persons except to the extent
necessary—
(I) to verify, by an individual who is au-
thorized to conduct the employment verification
process, that an employee is not an unauthorized
alien (as defined in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C.
1324a(h)(3));
(II) to take other action required to carry
out section 112;
(III) to enforce the Immigration and Na-
tionality Act or section 911, 1001, 1028, 1542,
1546, or 1621 of title 18, United States Code; or
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(IV) to verify the individual’s immigration
status for purposes of determining eligibility for
Federal benefits under public assistance pro-
grams (defined in section 201(f)(3) or govern-
ment benefits described in section 201(f)(4)).
(ii) In order to ensure the integrity, confidential-
ity, and security of system information, the system
and those who use the system must maintain appro-
priate administrative, technical, and physical safe-
guards, such as—
(I) safeguards to prevent unauthorized dis-
closure of personal information, including pass-
words, cryptography, and other technologies;
(II) audit trails to monitor system use; or
(III) procedures giving an individual the
right to request records containing personal in-
formation about the individual held by agencies
and used in the system, for the purpose of exam-
ination, copying, correction, or amendment, and
a method that ensures notice to individuals of
these procedures.
(F) A verification that a person is eligible for
employment in the United States may not be withheld
or revoked under the system for any reasons other
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than a determination pursuant to section 274A of the
Immigration and Nationality Act.
(G) The system must be capable of accurately
verifying electronically within 5 business days, wheth-
er a person has the required immigration status in
the United States and is legally authorized for em-
ployment in the United States in a substantial per-
centage of cases (with the objective of not less than 99
percent).
(H) There must be reasonable safeguards against
the system’s resulting in unlawful discriminatory
practices based on national origin or citizenship sta-
tus, including—
(i) the selective or unauthorized use of the
system to verify eligibility;
(ii) the use of the system prior to an offer
of employment;
(iii) the exclusion of certain individuals
from consideration for employment as a result of
a perceived likelihood that additional verifica-
tion will be required, beyond what is required for
most job applicants; or
(iv) denial reduction, termination, or un-
reasonable delay of public assistance to an indi-
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vidual as a result of the perceived likelihood that
such additional verification will be required.
(2) As used in this subsection, the term ‘‘business day’’
means any day other than Saturday, Sunday, or any day
on which the appropriate Federal agency is closed.
(d) REMEDIES AND PENALTIES FOR UNLAWFUL DIS-
CLOSURE.—
(1) CIVIL REMEDIES.—
(A) RIGHT OF INFORMATIONAL PRIVACY.—
The Congress declares that any person who pro-
vides to an employer the information required by
this section or section 274A of the Immigration
and Nationality Act (8 U.S.C. 1324a) has a pri-
vacy expectation that the information will only
be used for compliance with this Act or other ap-
plicable Federal, State, or local law.
(B) CIVIL ACTIONS.—A employer, or other
person or entity, who knowingly and willfully
discloses the information that an employee is re-
quired to provide by this section or section 274A
of the Immigration and Nationality Act (8
U.S.C. 1324a) for any purpose not authorized by
this Act or other applicable Federal, State, or
local law shall be liable to the employee for ac-
tual damages. An action may be brought in any
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Federal, State, or local court having jurisdiction
over the matter.
(2) CRIMINAL
PENALTIES.—Any employer, or
other person or entity, who willfully and knowingly
obtains, uses, or discloses information required pursu-
ant to this section or section 274A of the Immigration
and Nationality Act (8 U.S.C. 1324a) for any pur-
pose not authorized by this Act or other applicable
Federal, State, or local law shall be found guilty of
a misdemeanor and fined not more than $5,000.
(3) PRIVACY ACT.—
(A) IN
GENERAL.—Any person who is a
United States citizen, United States national,
lawful permanent resident, or other employment-
authorized alien, and who is subject to verifica-
tion of work authorization or lawful presence in
the United States for purposes of benefits eligi-
bility under this section or section 112, shall be
considered an individual under section 552(a)(2)
of title 5, United States Code, with respect to
records covered by this section.
(B) DEFINITION.—For purposes of this
paragraph, the term ‘‘record’’ means an item,
collection, or grouping of information about an
individual which—
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(i) is created, maintained, or used by
a Federal agency for the purpose of deter-
mining—
(I) the individual’s authorization
to work; or
(II) immigration status in the
United States for purposes of eligi-
bility to receive Federal, State or local
benefits in the United States; and
(ii) contains the individuals’s name or
identifying number, symbol, or any other
identifier assigned to the individual.
(e) EMPLOYER SAFEGUARDS.—An employer shall not
be liable for any penalty under section 274A of the Immi-
gration and Nationality Act for employing an unauthorized
alien, if—
(1) the alien appeared throughout the term of
employment to be prima facie eligible for the employ-
ment under the requirements of section 274A(b) of
such Act;
(2) the employer followed all procedures required
in the system; and
(3)(A) the alien was verified under the system as
eligible for the employment; or
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(B) the employer discharged the alien within a
reasonable period after receiving notice that the final
verification procedure had failed to verify that the
alien was eligible for the employment.
(f) RESTRICTION ON USE OF DOCUMENTS.—If the At-
torney General determines that any document described in
section 274A(b)(1) of the Immigration and Nationality Act
as establishing employment authorization or identity does
not reliably establish such authorization or identity or, to
an unacceptable degree, is being used fraudulently or is
being requested for purposes not authorized by this Act, the
Attorney General may, by regulation, prohibit or place con-
ditions on the use of the document for purposes of the system
or the verification system established in section 274A(b) of
the Immigration and Nationality Act.
(g) PROTECTION
FROM
LIABILITY
FOR
ACTIONS
TAKEN ON THE BASIS OF INFORMATION PROVIDED BY THE
VERIFICATION SYSTEM.—No person shall be civilly or
criminally liable under section 274A of the Immigration
and Nationality Act for any action adverse to an individ-
ual if such action was taken in good faith reliance on infor-
mation relating to such individual provided through the
system (including any demonstration project conducted
under section 112).
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(h) STATUTORY CONSTRUCTION.—The provisions of
this section supersede the provisions of section 274A of the
Immigration and Nationality Act to the extent of any in-
consistency therewith.
SEC. 112. DEMONSTRATION PROJECTS.
(a) AUTHORITY.—
(1) IN GENERAL.—(A)(i) Subject to clause (ii)
and (iv), the President, acting through the Attorney
General, shall begin conducting several local or re-
gional projects, and a project in the legislative branch
of the Federal Government, to demonstrate the fea-
sibility of alternative systems for verifying eligibility
for employment in the United States, and immigra-
tion status in the United States for purposes of eligi-
bility for benefits under public assistance programs
(as defined in section 201(f)(3) and government bene-
fits described in section 201(f)(4)).
(ii) Each project under this section shall be con-
sistent with the objectives of section 111(b) and this
section and shall be conducted in accordance with an
agreement entered into with the State, locality, em-
ployer, other entity, or the legislative branch of the
Federal Government, as the case may be.
(iii) In determining which State(s), localities,
employers, or other entities shall be designated for
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such projects, the Attorney General shall take into ac-
count the estimated number of excludable aliens and
deportable aliens in each State or locality.
(iv) At a minimum, at least one project of the
kind described in paragraph (2)(E), at least one
project of the kind described in paragraph (2)(F), and
at least one project of the kind described in paragraph
(2)(G), shall be conducted.
(B) For purposes of this paragraph, the term
‘‘legislative branch of the Federal Government’’ in-
cludes all offices described in section 101(9) of the
Congressional Accountability Act of 1995 (2 U.S.C.
1301(9)) and all agencies of the legislative branch of
Government.
(2) DESCRIPTION OF PROJECTS.—Demonstration
projects conducted under this subsection may include,
but are not limited to—
(A) a system which allows employers to ver-
ify the eligibility for employment of new employ-
ees using Administration records and, if nec-
essary, to conduct a cross-check using Service
records;
(B) a simulated linkage of the electronic
records of the Service and the Administration to
test the technical feasibility of establishing a
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(3) COMMENCEMENT
DATE.—The first dem-
onstration project under this section shall commence
not later than six months after the date of the enact-
ment of this Act.
(4) TERMINATION DATE.—The authority of para-
graph (1) shall cease to be effective four years after
the date of enactment of this Act, except that, if the
President determines that any one or more of the
projects conducted pursuant to paragraph (2) should
be renewed, or one or more additional projects should
be conducted before a plan is recommended under sec-
tion 111(a)(1)(A), the President may conduct such
project or projects for up to an additional three-year
period, without regard to section 274A(d)(4)(A) of the
Immigration and Nationality Act.
(b) OBJECTIVES.—The objectives of the demonstration
projects conducted under this section are—
(1) to assist the Attorney General in measuring
the benefits and costs of systems for verifying eligi-
bility for employment in the United States, and im-
migration status in the United States for purposes of
eligibility for benefits under public assistance pro-
grams defined in section 201(f)(3) and for government
benefits described in section 201(f)(4);
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(2) to assist the Service and the Administration
in determining the accuracy of Service and Adminis-
tration data that may be used in such systems; and
(3) to provide the Attorney General with infor-
mation necessary to make determinations regarding
the likely effects of the tested systems on employers,
employees, and other individuals, including informa-
tion on—
(A) losses of employment to individuals as
a result of inaccurate information in the system;
(B) unlawful discrimination;
(C) privacy violations;
(D) cost to individual employers, including
the cost per employee and the total cost as a per-
centage of the employers payroll; and
(E) timeliness of initial and final verifica-
tion determinations.
(c) CONGRESSIONAL CONSULTATION.—(1) Not later
than 12 months after the date of the enactment of this Act,
and annually thereafter, the Attorney General or the Attor-
ney General’s representatives shall consult with the Com-
mittees on the Judiciary of the House of Representatives
and the Senate regarding the demonstration projects being
conducted under this section.
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(2) The Attorney General or her representative, in ful-
filling the obligations described in paragraph (1), shall sub-
mit to the Congress the estimated cost to employers of each
demonstration project, including the system’s indirect and
administrative costs to employers.
(d) IMPLEMENTATION.—In carrying out the projects
described in subsection (a), the Attorney General shall—
(1) support and, to the extent possible, facilitate
the efforts of Federal and State government agencies
in developing—
(A) tamper- and counterfeit-resistant docu-
ments that may be used in a new verification
system, including drivers’ licenses or similar
documents issued by a State for the purpose of
identification, the social security account num-
ber card issued by the Administration, and cer-
tificates of birth in the United States or estab-
lishing United States nationality at birth; and
(B) recordkeeping systems that would re-
duce the fraudulent obtaining of such documents,
including a nationwide system to match birth
and death records;
(2) require appropriate notice to prospective em-
ployees concerning employers’ participation in a
demonstration project, which notice shall contain in-
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formation on filing complaints regarding misuse of
information or unlawful discrimination by employers
participating in the demonstration; and
(3) require employers to establish procedures de-
veloped by the Attorney General—
(A) to safeguard all personal information
from unauthorized disclosure and to condition
release of such information to any person or en-
tity upon the person’s or entity’s agreement to
safeguard such information; and
(B) to provide notice to all new employees
and applicants for employment of the right to re-
quest an agency to review, correct, or amend the
employee’s or applicant’s record and the steps to
follow to make such a request.
(e) REPORT OF ATTORNEY GENERAL.—Not later than
60 days before the expiration of the authority for subsection
(a)(1), the Attorney General shall submit to the Congress
a report containing an evaluation of each of the demonstra-
tion projects conducted under this section, including the
findings made by the Comptroller General under section
113.
(f) SYSTEM REQUIREMENTS.—
(1) IN GENERAL.—Demonstration projects con-
ducted under this section shall substantially meet the
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criteria in section 111(c)(1), except that with respect
to the criteria in subparagraphs (D) and (G) of sec-
tion 111(c)(1), such projects are required only to be
likely to substantially meet the criteria, as determined
by the Attorney General.
(2) SUPERSEDING EFFECT.—(A) If the Attorney
General determines that any demonstration project
conducted under this section substantially meets the
criteria in section 111(c)(1), other than the criteria in
subparagraphs (D) and (G) of that section, and meets
the criteria in such subparagraphs (D) and (G) to a
sufficient degree, the requirements for participants in
such project shall apply during the remaining period
of its operation in lieu of the procedures required
under section 274A(b) of the Immigration and Na-
tionality Act. Section 274B of such Act shall remain
fully applicable to the participants in the project.
(B) If the Attorney General makes the deter-
mination referred to in subparagraph (A), the Attor-
ney General may require other, or all, employers in
the geographical area covered by such project to par-
ticipate in it during the remaining period of its oper-
ation.
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(C) The Attorney General may not require any
employer to participate in such a project, except as
provided in subparagraph (B).
(g) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary to carry out this section.
(h) STATUTORY CONSTRUCTION.—The provisions of
this section supersede the provisions of section 274A of the
Immigration and Nationality Act to the extent of any in-
consistency therewith.
(i) DEFINITION OF REGIONAL PROJECT.—For pur-
poses of this section, the term ‘‘regional project’’ means a
project conducted in a geographical area which includes
more than a single locality but which is smaller than an
entire State.
SEC. 113. COMPTROLLER GENERAL MONITORING AND
REPORTS.
(a) IN GENERAL.—The Comptroller General of the
United States shall track, monitor, and evaluate the compli-
ance of each demonstration project with the objectives of sec-
tions 111 and 112, and shall verify the results of the dem-
onstration projects.
(b) RESPONSIBILITIES.—
(1) COLLECTION OF INFORMATION.—The Comp-
troller General of the United States shall collect and
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consider information on each requirement described
in section 111(a)(1)(C).
(2) TRACKING AND RECORDING OF PRACTICES.—
The Comptroller General shall track and record un-
lawful discriminatory employment practices, if any,
resulting from the use or disclosure of information
pursuant to a demonstration project or implementa-
tion of the system, using such methods as—
(A) the collection and analysis of data;
(B) the use of hiring audits; and
(C) use of computer audits, including the
comparison of such audits with hiring records.
(3) MAINTENANCE OF DATA.—The Comptroller
General shall also maintain data on unlawful dis-
criminatory practices occurring among a representa-
tive sample of employers who are not participants in
any project under this section to serve as a baseline
for comparison with similar data obtained from em-
ployers who are participants in projects under this
section.
(c) REPORTS.—
(1) DEMONSTRATION PROJECTS.—Beginning 12
months after the date of the enactment of this Act,
and annually thereafter, the Comptroller General of
the United States shall submit a report to the Com-
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mittees on the Judiciary of the House of Representa-
tives and the Senate setting forth evaluations of—
(A) the extent to which each demonstration
project is meeting each of the requirements of sec-
tion 111(c); and
(B) the Comptroller General’s preliminary
findings made under this section.
(2) VERIFICATION SYSTEM.—Not later than 60
days after the submission to the Congress of the plan
under section 111(a)(2), the Comptroller General of
the United States shall submit a report to the Con-
gress setting forth an evaluation of—
(A) the extent to which the proposed system,
if any, meets each of the requirements of section
111(c); and
(B) the Comptroller General’s findings
made under this section.
SEC. 114. GENERAL NONPREEMPTION OF EXISTING RIGHTS
AND REMEDIES.
Nothing in this subpart may be construed to deny, im-
pair, or otherwise adversely affect any right or remedy
available under Federal, State, or local law to any person
on or after the date of the enactment of this Act except to
the extent the right or remedy is inconsistent with any pro-
vision of this part.
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SEC. 115. DEFINITIONS.
For purposes of this subpart—
(1) ADMINISTRATION.— The term ‘‘Administra-
tion’’ means the Social Security Administration.
(2) EMPLOYMENT
AUTHORIZED
ALIEN.—The
term ‘‘employment authorized alien’’ means an alien
who has been provided with an ‘‘employment author-
ized’’ endorsement by the Attorney General or other
appropriate work permit in accordance with the Im-
migration and Nationality Act.
(3) SERVICE.—The term ‘‘Service’’ means the
Immigration and Naturalization Service.
Subpart B—Strengthening Existing Verification
Procedures
SEC. 116. CHANGES IN LIST OF ACCEPTABLE EMPLOYMENT-
VERIFICATION DOCUMENTS.
(a) AUTHORITY TO REQUIRE SOCIAL SECURITY AC-
COUNT NUMBERS.—Section 274A (8 U.S.C. 1324a) is
amended by adding at the end of subsection (b)(2) the fol-
lowing new sentence: ‘‘The Attorney General is authorized
to require an individual to provide on the form described
in paragraph (1)(A) the individual’s social security account
number for purposes of complying with this section.’’.
(b) CHANGES IN ACCEPTABLE DOCUMENTATION FOR
EMPLOYMENT AUTHORIZATION AND IDENTITY.—
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(1) REDUCTION IN NUMBER OF ACCEPTABLE EM-
PLOYMENT-VERIFICATION
DOCUMENTS.—Section
274A(b)(1) (8 U.S.C. 1324a(b)(1)) is amended—
(A) in subparagraph (B)—
(i) by striking clauses (ii), (iii), and
(iv);
(ii) by redesignating clause (v) as
clause (ii);
(iii) in clause (i), by adding at the end
‘‘or’’;
(iv) in clause (ii) (as redesignated), by
amending the text preceding subclause (I) to
read as follows:
‘‘(ii) resident alien card, alien reg-
istration card, or other document designated
by regulation by the Attorney General, if
the document—’’; and
(v) in clause (ii) (as redesignated)—
(I) by striking ‘‘and’’ at the end
of subclause (I);
(II) by striking the period at the
end of subclause (II) and inserting ‘‘,
and’’; and
(III) by adding at the end the fol-
lowing new subclause:
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‘‘(III) contains appropriate secu-
rity features.’’; and
(B) in subparagraph (C)—
(i) by inserting ‘‘or’’ after the ‘‘semi-
colon’’ at the end of clause (i);
(ii) by striking clause (ii); and
(iii) by redesignating clause (iii) as
clause (ii).
(2) AUTHORITY TO PROHIBIT USE OF CERTAIN
DOCUMENTS.—If the Attorney General finds, by regu-
lation, that any document described in section
274A(b)(1) of the Immigration and Nationality Act
(8 U.S.C. 1324a(b)(1)) as establishing employment
authorization or identity does not reliably establish
such authorization or identity or is being used fraud-
ulently to an unacceptable degree, the Attorney Gen-
eral may prohibit or place conditions on its use for
purposes of the verification system established in sec-
tion 274A(b) of the Immigration and Nationality Act
under section 111 of this Act.
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b)(1) shall apply with respect to hiring
(or recruiting or referring) occurring on or after such date
as the Attorney General shall designate (but not later than
180 days after the date of the enactment of this Act).
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SEC. 117. TREATMENT OF CERTAIN DOCUMENTARY PRAC-
TICES 
AS 
UNFAIR 
IMMIGRATION-RELATED
EMPLOYMENT PRACTICES
Section 
274B(a)(6) 
(8 
U.S.C. 
1324b(a)(6)) 
is
amended—
(1) by striking ‘‘For purposes of paragraph (1),
a’’ and inserting ‘‘A’’; and
(2) by striking ‘‘relating to the hiring of individ-
uals’’ and inserting the following: ‘‘if made for the
purpose or with the intent of discriminating against
an individual in violation of paragraph (1)’’.
SEC. 118. IMPROVEMENTS IN IDENTIFICATION-RELATED
DOCUMENTS.
(a) BIRTH CERTIFICATES.—
(1) LIMITATION ON ACCEPTANCE.—(A) No Fed-
eral agency, including but not limited to the Social
Security Administration and the Department of
State, and no State agency that issues driver’s li-
censes or identification documents, may accept for
any official purpose a copy of a birth certificate, as
defined in paragraph (5), unless it is issued by a
State or local authorized custodian of record and it
conforms to standards described in subparagraph (B).
(B) The standards described in this subpara-
graph are those set forth in regulations promulgated
by the Federal agency designated by the President,
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after consultation with such other Federal agencies as
the President shall designate and with State vital sta-
tistics offices, and shall—
(i) include but not be limited to—
(I) certification by the agency issuing
the birth certificate, and
(II) use of safety paper, the seal of the
issuing agency, and other features designed
to limit tampering, counterfeiting, and
photocopying, or otherwise duplicating, for
fraudulent purposes,
(ii) not require a single design to which the
official birth certificate copies issued by each
State must conform; and
(iii) accommodate the differences between
the States in the manner and form in which
birth records are stored and in how birth certifi-
cate copies are produced from such records.
(2) LIMITATION ON ISSUANCE.—(A) If one or
more of the conditions described in subparagraph (B)
is present, no State or local government agency may
issue an official copy of a birth certificate pertaining
to an individual unless the copy prominently notes
that such individual is deceased.
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(B) The conditions described in this subpara-
graph include—
(i) the presence on the original birth certifi-
cate of a notation that the individual is de-
ceased, or
(ii) actual knowledge by the issuing agency
that the individual is deceased obtained through
information provided by the Social Security Ad-
ministration, by an interstate system of birth-
death matching, or otherwise.
(3) GRANTS TO STATES.—(A)(i) The Secretary of
Health and Human Services, in consultation with
other agencies designated by the President, shall es-
tablish a fund, administered through the National
Center for Health Statistics, to provide grants to the
States to encourage them to develop the capability to
match birth and death records, within each State and
among the States, and to note the fact of death on the
birth certificates of deceased persons. In developing
the capability described in the preceding sentence,
States shall focus first on persons who were born after
1950.
(ii) Such grants shall be provided in proportion
to population and in an amount needed to provide a
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substantial incentive for the States to develop such ca-
pability.
(B) The Secretary of Health and Human Serv-
ices shall establish a fund, administered through the
National Center for Health Statistics, to provide
grants to the States for a project in each of 5 States
to demonstrate the feasibility of a system by which
each such State’s office of vital statistics would be
provided, within 24 hours, sufficient information to
establish the fact of death of every individual dying
in such State.
(C) There are authorized to be appropriated to
the Department of Health and Human Services such
amounts as may be necessary to provide the grants
described in subparagraphs (A) and (B).
(4) REPORT.—(A) Not later than one year after
the date of the enactment of this Act, the Secretary of
Health and Human Services shall submit a report to
the Congress on ways to reduce the fraudulent obtain-
ing and the fraudulent use of birth certificates, in-
cluding any such use to obtain a social security ac-
count number or a State or Federal document related
to identification or immigration.
(B) Not later than one year after the date of en-
actment of this Act, the agency designated by the
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President in paragraph (1)(B) shall submit a report
setting forth, and explaining, the regulations de-
scribed in such paragraph.
(C) There are authorized to be appropriated to
the Department of Health and Human Services such
amounts as may be necessary for the preparation of
the report described in subparagraph (A).
(5) CERTIFICATE OF BIRTH.—As used in this
section, the term ‘‘birth certificate’’ means a certifi-
cate of birth of—
(A) a person born in the United States, or
(B) a person born abroad who is a citizen
or national of the United States at birth, whose
birth is registered in the United States.
(6) EFFECTIVE DATES.—
(A) Except as otherwise provided in sub-
paragraph (B) and in paragraph (4), this sub-
section shall take effect two years after the enact-
ment of this Act.
(B) Paragraph (1)(A) shall take effect two
years after the submission of the report described
in paragraph (4)(B).
(b) STATE-ISSUED DRIVERS LICENSES.—
(1) SOCIAL SECURITY ACCOUNT NUMBER.—Each
State-issued driver’s license and identification docu-
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ment shall contain a social security account number,
except that this paragraph shall not apply if the doc-
ument or license is issued by a State that requires,
pursuant to a statute, regulation, or administrative
policy which was, respectively, enacted, promulgated,
or implemented, prior to the date of enactment of this
Act, that—
(A) every applicant for such license or docu-
ment submit the number, and
(B) an agency of such State verify with the
Social Security Administration that the number
is valid and is not a number assigned for use by
persons without authority to work in the United
States, but not that the number appears on the
card.
(2) APPLICATION
PROCESS.—The application
process for a State driver’s license or identification
document shall include the presentation of such evi-
dence of identity as is required by regulations pro-
mulgated by the Secretary of Transportation, after
consultation with the American Association of Motor
Vehicle Administrators.
(3) FORM OF LICENSE AND IDENTIFICATION DOC-
UMENT.—Each State driver’s license and identifica-
tion document shall be in a form consistent with re-
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quirements set forth in regulations promulgated by
the Secretary of Transportation, after consultation
with the American Association of Motor Vehicle Ad-
ministrators. Such form shall contain security fea-
tures designed to limit tampering, counterfeiting, and
use by impostors.
(4) LIMITATION
ON
ACCEPTANCE
OF
LICENSE
AND IDENTIFICATION DOCUMENT.—Neither the Social
Security Administration or the Passport Office or
any other Federal agency or any State or local gov-
ernment agency may accept for any evidentiary pur-
pose a State driver’s license or identification docu-
ment in a form other than the form described in
paragraph (3).
(5) EFFECTIVE DATES.—
(A) Except as otherwise provided in sub-
paragraph (B) or (C), this subsection shall take
effect on October 1, 2000.
(B)(i) With respect to driver’s licenses or
identification documents issued by States that
issue such licenses or documents for a period of
validity of six years or less, paragraphs (1) and
(3) shall apply beginning on October 1, 2000,
but only to licenses or documents issued to an
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individual for the first time and to replacement
or renewal licenses issued according to State law.
(ii) With respect to driver’s licenses or iden-
tification documents issued in States that issue
such licenses or documents for a period of valid-
ity of more than six years, paragraphs (1) and
(3) shall apply—
(I) during the period of October 1,
2000 through September 30, 2006, only to
licenses or documents issued to an individ-
ual for the first time and to replacement or
renewal licenses issued according to State
law, and
(II) beginning on October 1, 2006, to
all driver’s licenses or identification docu-
ments issued by such States.
(C) Paragraph (4) shall take effect on Octo-
ber 1, 2006.
SEC. 119. ENHANCED CIVIL PENALTIES IF LABOR STAND-
ARDS VIOLATIONS ARE PRESENT.
(a) 
IN
GENERAL.—Section 
274A(e) 
(8 
U.S.C.
1324a(e)) is amended by adding at the end the following:
‘‘(10)(A) The administrative law judge shall
have the authority to require payment of a civil
money penalty in an amount up to two times the
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amount of the penalty prescribed by this subsection in
any case in which the employer has been found to
have committed a willful violation or repeated viola-
tions of any of the following statutes:
‘‘(i) The Fair Labor Standards Act (29
U.S.C. 201 et seq.) pursuant to a final deter-
mination by the Secretary of Labor or a court
of competent jurisdiction.
‘‘(ii) The Migrant and Seasonal Agricul-
tural Worker Protection Act (29 U.S.C. 1801 et
seq.) pursuant to a final determination by the
Secretary of Labor or a court of competent
jurisdiction.
‘‘(iii) The Family and Medical Leave Act
(29 U.S.C. 2601 et seq.) pursuant to a final de-
termination by the Secretary of Labor or a court
of competent jurisdiction.
‘‘(B) The Secretary of Labor and the Attorney
General shall consult regarding the administration of
this paragraph.’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to offenses occurring on or
after the date of the enactment of this Act.
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SEC. 120. INCREASED NUMBER OF ASSISTANT UNITED
STATES ATTORNEYS TO PROSECUTE CASES
OF UNLAWFUL EMPLOYMENT OF ALIENS OR
DOCUMENT FRAUD.
The Attorney General is authorized to hire for fiscal
years 1996 and 1997 such additional Assistant United
States Attorneys as may be necessary for the prosecution
of actions brought under sections 274A and 274C of the Im-
migration and Nationality Act and sections 911, 1001,
1015 through 1018, 1028, 1030, 1541 through 1544, 1546,
and 1621 of title 18, United States Code. Each such addi-
tional attorney shall be used primarily for such prosecu-
tions.
SEC. 120A. SUBPOENA AUTHORITY FOR CASES OF UNLAW-
FUL EMPLOYMENT OF ALIENS OR DOCUMENT
FRAUD.
(a) IMMIGRATION OFFICER AUTHORITY.—
(1) 
UNLAWFUL
EMPLOYMENT.—Section
274A(e)(2) (8 U.S.C. 1324a(e)(1)) is amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A);
(B) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘, and’’; and
(C) by inserting after subparagraph (B) the
following new subparagraph:
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‘‘(C) immigration officers designated by the
Commissioner may compel by subpoena the at-
tendance of witnesses and the production of evi-
dence at any designated place prior to the filing
of a complaint in a case under paragraph (2).’’.
(2) DOCUMENT FRAUD.—Section 274C(d)(1) (8
U.S.C. 1324c(d)(1)) is amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A);
(B) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘, and’’; and
(C) by inserting after subparagraph (B) the
following new subparagraph:
‘‘(C) immigration officers designated by the
Commissioner may compel by subpoena the at-
tendance of witnesses and the production of evi-
dence at any designated place prior to the filing
of a complaint in a case under paragraph (2).’’.
(b) SECRETARY OF LABOR SUBPOENA AUTHORITY.—
(1) IN GENERAL.—Chapter 9 of title II of the
Immigration and Nationality Act is amended by add-
ing at the end the following new section:
‘‘SECRETARY OF LABOR SUBPOENA AUTHORITY
‘‘SEC. 294. The Secretary of Labor may issue subpoe-
nas requiring the attendance and testimony of witnesses or
the production of any records, books, papers, or documents
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in connection with any investigation or hearing conducted
in the enforcement of any immigration program for which
the Secretary of Labor has been delegated enforcement au-
thority under the Act. In such hearing, the Secretary of
Labor may administer oaths, examine witnesses, and re-
ceive evidence. For the purpose of any such hearing or in-
vestigation, the authority contained in sections 9 and 10
of the Federal Trade Commission Act (15 U.S.C. 49, 50),
relating to the attendance of witnesses and the production
of books, papers, and documents, shall be available to the
Secretary of Labor.’’.
(2) CONFORMING
AMENDMENT.—The table of
contents of the Immigration and Nationality Act is
amended by inserting after the item relating to sec-
tion 293 the following new item:
‘‘Sec. 294. Secretary of Labor subpoena authority.’’.
SEC. 120B. TASK FORCE TO IMPROVE PUBLIC EDUCATION
REGARDING 
UNLAWFUL 
EMPLOYMENT 
OF
ALIENS AND UNFAIR IMMIGRATION-RELATED
EMPLOYMENT PRACTICES.
(a) ESTABLISHMENT.—The Attorney General shall es-
tablish a task force within the Department of Justice
charged with the responsibility of—
(1) providing advice and guidance to employers
and employees relating to unlawful employment of
aliens under section 274A of the Immigration and
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Nationality Act and unfair immigration-related em-
ployment practices under 274B of such Act; and
(2) assisting employers in complying with those
laws.
(b) COMPOSITION.—The members of the task force shall
be designated by the Attorney General from among officers
or employees of the Immigration and Naturalization Serv-
ice or other components of the Department of Justice.
(c) ANNUAL REPORT.—The task force shall report an-
nually to the Attorney General on its operations.
SEC. 120C. NATIONWIDE FINGERPRINTING OF APPRE-
HENDED ALIENS.
There are authorized to be appropriated such addi-
tional sums as may be necessary to ensure that the program
‘‘IDENT’’, operated by the Immigration and Naturaliza-
tion Service pursuant to section 130007 of Public Law 103–
322, shall be expanded into a nationwide program.
SEC. 120D. APPLICATION OF VERIFICATION PROCEDURES
TO STATE AGENCY REFERRALS OF EMPLOY-
MENT.
Section 274A(a) (8 U.S.C. 1324a(a)) is amended by
adding at the end the following new paragraph:
‘‘(6) STATE AGENCY REFERRALS.—A State em-
ployment agency that refers any individual for em-
ployment shall comply with the procedures specified
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in subsection (b). For purposes of the attestation re-
quirement in subsection (b)(1), the agency employee
who is primarily involved in the referral of the indi-
vidual shall make the attestation on behalf of the
agency.’’.
SEC. 120E. RETENTION OF VERIFICATION FORM.
Section 274A(b)(3) (8 U.S.C. 1324a(b)(3)) is amended
by inserting after ‘‘must retain the form’’ the following:
‘‘(except in any case of disaster, act of God, or other event
beyond the control of the person or entity)’’.
PART 3—ALIEN SMUGGLING; DOCUMENT FRAUD
SEC. 121. WIRETAP AUTHORITY FOR INVESTIGATIONS OF
ALIEN SMUGGLING OR DOCUMENT FRAUD.
Section 2516(1) of title 18, United States Code, is
amended—
(1) in paragraph (c), by striking ‘‘or section
1992 (relating to wrecking trains)’’ and inserting
‘‘section 1992 (relating to wrecking trains), a felony
violation of section 1028 (relating to production of
false identification documentation), section 1425 (re-
lating to the procurement of citizenship or national-
ization unlawfully), section 1426 (relating to the re-
production of naturalization or citizenship papers),
section 1427 (relating to the sale of naturalization or
citizenship papers), section 1541 (relating to passport
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issuance without authority), section 1542 (relating to
false statements in passport applications), section
1543 (relating to forgery or false use of passports),
section 1544 (relating to misuse of passports), or sec-
tion 1546 (relating to fraud and misuse of visas, per-
mits, and other documents)’’;
(2) by striking ‘‘or’’ at the end of paragraph (l);
(3) by redesignating paragraphs (m), (n), and
(o) as paragraphs (n), (o), and (p), respectively; and
(4) by inserting after paragraph (l) the following
new paragraph:
‘‘(m) a violation of section 274, 277, or 278 of the Im-
migration and Nationality Act (8 U.S.C. 1324, 1327, or
1328) (relating to the smuggling of aliens);’’.
SEC. 122. ADDITIONAL COVERAGE IN RICO FOR OFFENSES
RELATING TO ALIEN SMUGGLING AND DOCU-
MENT FRAUD.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ after ‘‘law of the United
States,’’;
(2) by inserting ‘‘or’’ at the end of clause (E);
and
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(3) by adding at the end the following: ‘‘(F) any
act, or conspiracy to commit any act, in violation
of—
‘‘(i) section 1028 (relating to production of
false identification documentation), section 1425
(relating to the procurement of citizenship or na-
tionalization unlawfully), section 1426 (relating
to the reproduction of naturalization or citizen-
ship papers), section 1427 (relating to the sale of
naturalization or citizenship papers), section
1541 (relating to passport issuance without au-
thority), section 1542 (relating to false state-
ments in passport applications), section 1543
(relating to forgery or false use of passports), or
section 1544 (relating to misuse of passports) of
this title, or, for personal financial gain, section
1546 (relating to fraud and misuse of visas, per-
mits, and other documents) of this title; or
‘‘(ii) section 274, 277, or 278 of the Immi-
gration and Nationality Act.’’.
SEC. 123. INCREASED CRIMINAL PENALTIES FOR ALIEN
SMUGGLING.
(a) IN GENERAL.—Section 274(a) (8 U.S.C. 1324(a))
is amended—
(1) in paragraph (1)(A)—
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(A) by striking ‘‘or’’ at the end of clause
(iii);
(B) by striking the comma at the end of
clause (iv) and inserting ‘‘; or’’; and
(C) by adding at the end the following new
clause:
‘‘(v)(I) engages in any conspiracy to
commit any of the preceding acts, or
‘‘(II) aids or abets the commission of
any of the preceding acts,’’;
(2) in paragraph (1)(B)—
(A) in clause (i), by inserting ‘‘or (v)(I)’’
after ‘‘(A)(i)’’;
(B) in clause (ii), by striking ‘‘or (iv)’’ and
inserting ‘‘(iv), or (v)(II)’’;
(C) in clause (iii), by striking ‘‘or (iv)’’ and
inserting ‘‘(iv), or (v)’’; and
(D) in clause (iv), by striking ‘‘or (iv)’’ and
inserting ‘‘(iv), or (v)’’;
(3) in paragraph (2)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘for each transaction constitut-
ing a violation of this paragraph, regardless of
the number of aliens involved’’ and inserting
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‘‘for each alien in respect to whom a violation of
this paragraph occurs’’; and
(B) in the matter following subparagraph
(B)(iii), by striking ‘‘be fined’’ and all that fol-
lows through the period and inserting the follow-
ing: ‘‘be fined under title 18, United States Code,
and shall be imprisoned for a first or second of-
fense, not more than 10 years, and for a third
or subsequent offense, not more than 15 years.’’;
and
(4) by adding at the end the following new para-
graph:
‘‘(3) Any person who hires for employment an
alien—
‘‘(A) knowing that such alien is an unau-
thorized alien (as defined in section 274A(h)(3)),
and
‘‘(B) knowing that such alien has been
brought into the United States in violation of
this subsection,
shall be fined under title 18, United States Code, and
shall be imprisoned for not more than 5 years.’’.
(b) SMUGGLING
OF ALIENS WHO WILL COMMIT
CRIMES.—Section 274(a)(2)(B) (8 U.S.C. 1324(a)(2)) is
amended—
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(1) by striking ‘‘or’’ at the end of clause (ii);
(2) by redesignating clause (iii) as clause (iv);
and
(3) by inserting after clause (ii) the following
new clause:
‘‘(iii) an offense committed with the
intent, or with substantial reason to believe,
that the alien unlawfully brought into the
United States will commit an offense
against the United States or any State pun-
ishable by imprisonment for more than 1
year; or’’.
(c) SENTENCING GUIDELINES.—
(1) IN
GENERAL.—Pursuant to its authority
under section 994(p) of title 28, United States Code,
the United States Sentencing Commission shall pro-
mulgate sentencing guidelines or amend existing sen-
tencing guidelines for offenders convicted of offenses
related to smuggling, transporting, harboring, or in-
ducing aliens in violation of section 274(a) (1)(A) or
(2)(B) of the Immigration and Nationality Act (8
U.S.C. 1324(a) (1)(A), (2)(B)) in accordance with
this subsection.
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(2) REQUIREMENTS.—In carrying out this sub-
section, the Commission shall, with respect to the of-
fenses described in paragraph (1)—
(A) increase the base offense level for such
offenses at least 3 offense levels above the appli-
cable level in effect on the date of the enactment
of this Act;
(B) review the sentencing enhancement for
the 
number 
of 
aliens 
involved 
(U.S.S.G.
2L1.1(b)(2)), and increase the sentencing en-
hancement by at least 50 percent above the ap-
plicable enhancement in effect on the date of the
enactment of this Act;
(C) impose an appropriate sentencing en-
hancement upon an offender with 1 prior felony
conviction arising out of a separate and prior
prosecution for an offense that involved the same
or similar underlying conduct as the current of-
fense, to be applied in addition to any sentenc-
ing enhancement that would otherwise apply
pursuant to the calculation of the defendant’s
criminal history category;
(D) impose an additional appropriate sen-
tencing enhancement upon an offender with 2 or
more prior felony convictions arising out of sep-
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arate and prior prosecutions for offenses that in-
volved the same or similar underling conduct as
the current offense, to be applied in addition to
any sentencing enhancement that would other-
wise apply pursuant to the calculation of the de-
fendant’s criminal history category;
(E) impose an appropriate sentencing en-
hancement on a defendant who, in the course of
committing an offense described in this sub-
section—
(i) murders or otherwise causes death,
bodily injury, or serious bodily injury to an
individual;
(ii) uses or brandishes a firearm or
other dangerous weapon; or
(iii) engages in conduct that con-
sciously or recklessly places another in seri-
ous danger of death or serious bodily injury;
(F) consider whether a downward adjust-
ment is appropriate if the offense conduct in-
volves fewer than 6 aliens or the defendant com-
mitted the offense other than for profit; and
(G) consider whether any other aggravating
or mitigating circumstances warrant upward or
downward sentencing adjustments.
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(d) EMERGENCY AUTHORITY TO SENTENCING COMMIS-
SION.—The Commission shall promulgate the guidelines or
amendments provided for under this section as soon as
practicable in accordance with the procedure set forth in
section 21(a) of the Sentencing Act of 1987, as though the
authority under that Act had not expired.
(e) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to of-
fenses occurring on or after the date of the enactment of
this Act.
SEC. 
124. 
ADMISSIBILITY 
OF 
VIDEOTAPED 
WITNESS
TESTIMONY.
Section 274 (8 U.S.C. 1324) is amended by adding
at the end thereof the following new subsection:
‘‘(d) Notwithstanding any provision of the Federal
Rules of Evidence, the videotaped (or otherwise audio-
visually preserved) deposition of a witness to a violation
of subsection (a) who has been deported or otherwise ex-
pelled from the United States, or is otherwise unable to tes-
tify, may be admitted into evidence in an action brought
for that violation if the witness was available for cross ex-
amination and the deposition otherwise complies with the
Federal Rules of Evidence.’’.
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SEC. 125. EXPANDED FORFEITURE FOR ALIEN SMUGGLING
AND DOCUMENT FRAUD.
(a) IN GENERAL.—Section 274(b) (8 U.S.C. 1324(b))
is amended—
(1) by amending paragraph (1) to read as
follows:
‘‘(1) Any property, real or personal, which fa-
cilitates or is intended to facilitate, or has been or is
being used in or is intended to be used in the commis-
sion of, a violation of, or conspiracy to violate, sub-
section (a) or section 1028, 1425, 1426, 1427, 1541,
1542, 1543, 1544, or 1546 of title 18, United States
Code, or which constitutes, or is derived from or
traceable to, the proceeds obtained directly or indi-
rectly from a commission of a violation of, or conspir-
acy to violate, subsection (a) or section 1028, 1425,
1426, 1427, 1541, 1542, 1543, 1544, or 1546 of title
18, United States Code, shall be subject to seizure and
forfeiture, except that—
‘‘(A) no property used by any person as a
common carrier in the transaction of business as
a common carrier shall be forfeited under the
provisions of this section unless it shall appear
that the owner or other person in charge of such
property was a consenting party or privy to the
unlawful act;
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‘‘(B) no property shall be forfeited under
this section by reason of any act or omission es-
tablished by the owner thereof to have been com-
mitted or omitted by any person other than such
owner while such property was unlawfully in the
possession of a person other than the owner in
violation of, or in conspiracy to violate, the
criminal laws of the United States or of any
State; and
‘‘(C) no property shall be forfeited under
this paragraph to the extent of an interest of any
owner, by reason of any act or omission estab-
lished by such owner to have been committed or
omitted without the knowledge or consent of such
owner, unless such act or omission was commit-
ted by an employee or agent of such owner, and
facilitated or was intended to facilitate, the com-
mission of a violation of, or a conspiracy to vio-
late, subsection (a) or section 1028, 1425, 1426,
1427, 1541, 1542, 1543, 1544, or 1546 of title
18, United States Code, or was intended to fur-
ther the business interests of the owner, or to con-
fer any other benefit upon the owner.’’;
(2) in paragraph (2)—
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(A) by striking ‘‘conveyance’’ both places it
appears and inserting ‘‘property’’; and
(B) by striking ‘‘is being used in’’ and in-
serting ‘‘is being used in, is facilitating, has fa-
cilitated, or was intended to facilitate’’;
(3) in paragraph (3)—
(A) by inserting ‘‘(A)’’ immediately after
‘‘(3)’’, and
(B) by adding at the end the following:
‘‘(B) Before the seizure of any real property
pursuant to this section, the Attorney General
shall provide notice and an opportunity to be
heard to the owner of the property. The Attorney
General shall prescribe such regulations as may
be necessary to carry out this subparagraph.’’;
(4) in paragraphs (4) and (5), by striking ‘‘a
conveyance’’ and ‘‘conveyance’’ each place such phrase
or word appears and inserting ‘‘property’’; and
(5) in paragraph (4)—
(A) by striking ‘‘or’’ at the end of subpara-
graph (C);
(B) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘; or’’; and
(C) by adding at the end the following new
subparagraph:
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‘‘(E) transfer custody and ownership of for-
feited property to any Federal, State, or local
agency pursuant to section 616(c) of the Tariff
Act of 1930 (19 U.S.C. 1616a(c)).’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to offenses occurring on or
after the date of the enactment of this Act.
SEC. 126. CRIMINAL FORFEITURE FOR ALIEN SMUGGLING,
UNLAWFUL EMPLOYMENT OF ALIENS, OR
DOCUMENT FRAUD.
Section 274 (8 U.S.C. 1324(b)) is amended by redesig-
nating subsections (c) and (d) as subsections (d) and (e)
and inserting after subsection (b) the following:
‘‘(c) CRIMINAL FORFEITURE.—(1) Any person con-
victed of a violation of, or a conspiracy to violate, sub-
section (a) or section 274A(a) (1) or (2) of this Act, or sec-
tion 1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or
1546 of title 18, United States Code, shall forfeit to the
United States, regardless of any provision of State law—
‘‘(A) any conveyance, including any vessel, vehi-
cle, or aircraft used in the commission of a violation
of, or a conspiracy to violate, subsection (a); and
‘‘(B) any property real or personal—
‘‘(i) that constitutes, or is derived from or
is traceable to the proceeds obtained directly or
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indirectly from the commission of a violation of,
or a conspiracy to violate, subsection (a), section
274A(a) (1) or (2) of this Act, or section 1028,
1425, 1426, 1427, 1541, 1542, 1543, 1544, or
1546 of title 18, United States Code; or
‘‘(ii) that is used to facilitate, or is intended
to be used to facilitate, the commission of a vio-
lation of, or a conspiracy to violate, subsection
(a), section 274A(a) (1) or (2) of this Act, or sec-
tion 1028, 1425, 1426, 1427, 1541, 1542, 1543,
1544, or 1546 of title 18, United States Code.
The court, in imposing sentence on such person, shall order
that the person forfeit to the United States all property de-
scribed in this subsection.
‘‘(2) The criminal forfeiture of property under this
subsection, including any seizure and disposition of the
property and any related administrative or judicial pro-
ceeding, shall be governed by the provisions of section 413
of the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. 853), other than subsections (a) and
(d) of such section 413.’’.
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SEC. 
127. 
INCREASED 
CRIMINAL 
PENALTIES 
FOR
FRAUDULENT USE OF GOVERNMENT-ISSUED
DOCUMENTS.
(a) PENALTIES FOR FRAUD AND MISUSE OF GOVERN-
MENT-ISSUED IDENTIFICATION DOCUMENTS.—(1) Section
1028(b) of title 18, United States Code, is amended to read
as follows:
‘‘(b)(1)(A) An offense under subsection (a) that is—
‘‘(i) the production or transfer of an identifica-
tion document or false identification document that is
or appears to be—
‘‘(I) an identification document issued by
or under the authority of the United States; or
‘‘(II) a birth certificate, or a driver’s license
or personal identification card;
‘‘(ii) the production or transfer of more than five
identification documents or false identification docu-
ments; or
‘‘(iii) an offense under paragraph (5) of such
subsection (a);
shall be punishable under subparagraph (B).
‘‘(B) Except as provided in paragraph (4), a person
who violates an offense described in subparagraph (A) shall
be punishable by—
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‘‘(i) a fine under this title, imprisonment for not
more than 10 years, or both, for a first or second of-
fense; or
‘‘(ii) a fine under this title, imprisonment for
not more than 15 years, or both, for a third or subse-
quent offense.
‘‘(2) A person convicted of an offense under subsection
(a) that is—
‘‘(A) any other production or transfer of an
identification document or false identification docu-
ment; or
‘‘(B) an offense under paragraph (3) of such sub-
section;
shall be punishable by a fine under this title, imprisonment
for not more than three years, or both.
‘‘(3) A person convicted of an offense under subsection
(a), other than an offense described in paragraph (1) or
(2), shall be punishable by a fine under this title, imprison-
ment for not more than one year, or both.
‘‘(4) Notwithstanding any other provision of this sec-
tion, the maximum term of imprisonment that may be im-
posed for an offense described in paragraph (1)(A) shall
be—
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‘‘(A) if committed to facilitate a drug trafficking
crime (as defined in section 929(a) of this title), 15
years; and
‘‘(B) if committed to facilitate an act of inter-
national terrorism (as defined in section 2331 of this
title), 20 years.’’.
(2) Sections 1541 through 1544 of title 18, United
States Code, are amended by striking be fined under this
title, imprisoned not more than 10 years, or both.’’ each
place it appears and inserting the following:
‘‘, except as otherwise provided in this section, be—
‘‘(1) fined under this title, imprisoned for not
more than 10 years, or both, for a first or second of-
fense; or
‘‘(2) fined under this title, imprisoned for not
more than 15 years, or both, for a third or subsequent
offense.
‘‘Notwithstanding any other provision of this section,
the maximum term of imprisonment that may be imposed
for an offense under this section—
‘‘(1) if committed to facilitate a drug trafficking
crime (as defined in section 929(a) of this title), is 15
years; and
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‘‘(2) if committed to facilitate an act of inter-
national terrorism (as defined in section 2331 of this
title), is 20 years.’’.
(3) Section 1546(a) of title 18, United States Code,
is amended by striking ‘‘be fined under this title, impris-
oned not more than 10 years, or both.’’ and inserting the
following:
‘‘, except as otherwise provided in this subsection, be—
‘‘(1) fined under this title, imprisoned for not
more than 10 years, or both, for a first or second of-
fense; or
‘‘(2) fined under this title, imprisoned for not
more than 15 years, or both, for a third or subsequent
offense.
‘‘Notwithstanding any other provision of this sub-
section, the maximum term of imprisonment that may be
imposed for an offense under this subsection—
‘‘(1) if committed to facilitate a drug trafficking
crime (as defined in section 929(a) of this title), is 15
years; and
‘‘(2) if committed to facilitate an act of inter-
national terrorism (as defined in section 2331 of this
title), is 20 years.’’.
(4) Sections 1425 through 1427 of title 18, United
States Code, are amended by striking ‘‘be fined not more
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than $5,000 or imprisoned not more than five years, or
both’’ each place it appears and inserting ‘‘, except as other-
wise provided in this section, be—
‘‘(1) fined under this title, imprisoned for not
more than 10 years, or both, for a first or second of-
fense; or
‘‘(2) fined under this title, imprisoned for not
more than 15 years, or both, for a third or subsequent
offense.
‘‘Notwithstanding any other provision of this section,
the maximum term of imprisonment that may be imposed
for an offense under this section—
‘‘(1) if committed to facilitate a drug trafficking
crime (as defined in section 929(a) of this title), is 15
years; and
‘‘(2) if committed to facilitate an act of inter-
national terrorism (as defined in section 2331 of this
title), is 20 years.’’.
(b) CHANGES TO THE SENTENCING LEVELS.—
(1) IN GENERAL.—Pursuant to the Commission’s
authority under section 994(p) of title 28, United
States Code, the United States Sentencing Commis-
sion shall promulgate sentencing guidelines or amend
existing sentencing guidelines for offenders convicted
of violating, or conspiring to violate, sections
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1028(b)(1), 1425 through 1427, 1541 through 1544,
and 1546(a) of title 18, United States Code, in ac-
cordance with this subsection.
(2) REQUIREMENTS.—In carrying out this sub-
section, the Commission shall, with respect to the of-
fenses referred to in paragraph (1)—
(A) increase the base offense level for such
offenses at least 2 offense levels above the level in
effect on the date of the enactment of this Act;
(B) review the sentencing enhancement for
number of documents or passports involved
(U.S.S.G. 2L2.1(b)(2)), and increase the upward
adjustment by at least 50 percent above the ap-
plicable enhancement in effect on the date of the
enactment of this Act;
(C) impose an appropriate sentencing en-
hancement upon an offender with 1 prior felony
conviction arising out of a separate and prior
prosecution for an offense that involved the same
or similar underlying conduct as the current of-
fense, to be applied in addition to any sentenc-
ing enhancement that would otherwise apply
pursuant to the calculation of the defendant’s
criminal history category;
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(D) impose an additional appropriate sen-
tencing enhancement upon an offender with 2 or
more prior felony convictions arising out of sep-
arate and prior prosecutions for offenses that in-
volved the same or similar underling conduct as
the current offense, to be applied in addition to
any sentencing enhancement that would other-
wise apply pursuant to the calculation of the de-
fendant’s criminal history category;
(E) consider whether a downward adjust-
ment is appropriate if the offense conduct in-
volves fewer than 6 documents, or the defendant
committed the offense other than for profit and
the offense was not committed to facilitate an act
of international terrorism; and
(F) consider whether any other aggravating
or mitigating circumstances warrant upward or
downward sentencing adjustments.
(c) EMERGENCY AUTHORITY TO SENTENCING COMMIS-
SION.—The Commission shall promulgate the guidelines or
amendments provided for under this section as soon as
practicable in accordance with the procedure set forth in
section 21(a) of the Sentencing Act of 1987, as though the
authority under that Act had not expired.
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(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to of-
fenses occurring on or after the date of the enactment of
this Act.
SEC. 128. CRIMINAL PENALTY FOR FALSE STATEMENT IN A
DOCUMENT REQUIRED UNDER THE IMMIGRA-
TION LAWS OR KNOWINGLY PRESENTING
DOCUMENT WHICH FAILS TO CONTAIN REA-
SONABLE BASIS IN LAW OR FACT.
The fourth undesignated paragraph of section 1546(a)
of title 18, United States Code, is amended to read as fol-
lows:
‘‘Whoever knowingly makes under oath, or as per-
mitted under penalty of perjury under section 1746 of title
28, United States Code, knowingly subscribes as true, any
false statement with respect to a material fact in any appli-
cation, affidavit, or other document required by the immi-
gration laws or regulations prescribed thereunder, or know-
ingly presents any such application, affidavit, or other doc-
ument which contains any such false statement or which
fails to contain any reasonable basis in law or fact—’’.
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SEC. 129. NEW CRIMINAL PENALTIES FOR FAILURE TO DIS-
CLOSE ROLE AS PREPARER OF FALSE APPLI-
CATION FOR ASYLUM OR FOR PREPARING
CERTAIN POST-CONVICTION APPLICATIONS.
Section 274C (8 U.S.C. 1324c) is amended by adding
at the end the following new subsection:
‘‘(e) CRIMINAL PENALTIES
FOR FAILURE TO DIS-
CLOSE ROLE AS DOCUMENT PREPARER.—(1) Whoever, in
any matter within the jurisdiction of the Service under sec-
tion 208 of this Act, knowingly and willfully fails to dis-
close, conceals, or covers up the fact that they have, on behalf
of any person and for a fee or other remuneration, prepared
or assisted in preparing an application which was falsely
made (as defined in subsection (f)) for immigration benefits
pursuant to section 208 of this Act, or the regulations pro-
mulgated thereunder, shall be guilty of a felony and shall
be fined in accordance with title 18, United States Code,
imprisoned for not more than 5 years, or both, and prohib-
ited from preparing or assisting in preparing, whether or
not for a fee or other remuneration, any other such applica-
tion.
‘‘(2) Whoever, having been convicted of a violation of
paragraph (1), knowingly and willfully prepares or assists
in preparing an application for immigration benefits pur-
suant to this Act, or the regulations promulgated there-
under, whether or not for a fee or other remuneration and
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regardless of whether in any matter within the jurisdiction
of the Service under section 208, shall be guilty of a felony
and shall be fined in accordance with title 18, United States
Code, imprisoned for not more than 15 years, or both, and
prohibited from preparing or assisting in preparing any
other such application.’’.
SEC. 130. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL
PENALTIES FOR DOCUMENT FRAUD.
(a) ACTIVITIES PROHIBITED.—Section 274C(a) (8
U.S.C. 1324c(a)) is amended—
(1) in paragraph (1), by inserting before the
comma at the end the following: ‘‘or to obtain a bene-
fit under this Act’’;
(2) in paragraph (2), by inserting before the
comma at the end the following: ‘‘or to obtain a bene-
fit under this Act’’;
(3) in paragraph (3)—
(A) by inserting ‘‘or with respect to’’ after
‘‘issued to’’;
(B) by adding before the comma at the end
the following: ‘‘or obtaining a benefit under this
Act’’; and
(C) by striking ‘‘or’’ at the end;
(4) in paragraph (4)—
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(A) by inserting ‘‘or with respect to’’ after
‘‘issued to’’;
(B) by adding before the period at the end
the following: ‘‘or obtaining a benefit under this
Act’’; and
(C) by striking the period at the end and
inserting ‘‘, or’’; and
(5) by adding at the end the following new para-
graphs:
‘‘(5) to prepare, file, or assist another in prepar-
ing or filing, any application for benefits under this
Act, or any document required under this Act, or any
document submitted in connection with such applica-
tion or document, with knowledge or in reckless dis-
regard of the fact that such application or document
was falsely made or, in whole or in part, does not re-
late to the person on whose behalf it was or is being
submitted; or
‘‘(6) to (A) present before boarding a common
carrier for the purpose of coming to the United States
a document which relates to the alien’s eligibility to
enter the United States, and (B) fail to present such
document to an immigration officer upon arrival at
a United States port of entry.’’.
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(b) DEFINITION OF FALSELY MAKE.—Section 274C (8
U.S.C. 1324c), as amended by section 129 of this Act, is
further amended by adding at the end the following new
subsection:
‘‘(f) FALSELY MAKE.—For purposes of this section, the
term ‘falsely make’ means to prepare or provide an applica-
tion or document, with knowledge or in reckless disregard
of the fact that the application or document contains a false,
fictitious, or fraudulent statement or material representa-
tion, or has no basis in law or fact, or otherwise fails to
state a fact which is material to the purpose for which it
was submitted.’’.
(c) CONFORMING AMENDMENT.—Section 274C(d)(3)
(8 U.S.C. 1324c(d)(3)) is amended by striking ‘‘each docu-
ment used, accepted, or created and each instance of use,
acceptance, or creation’’ each place it appears and inserting
‘‘each document that is the subject of a violation under sub-
section (a)’’.
(d) ENHANCED CIVIL PENALTIES
FOR DOCUMENT
FRAUD
IF
LABOR
STANDARDS
VIOLATIONS
ARE
PRESENT.—Section 274C(d) (8 U.S.C. 1324c(d)) is amend-
ed by adding at the end the following new paragraph:
‘‘(7) CIVIL PENALTY.—(A) The administrative
law judge shall have the authority to require payment
of a civil money penalty in an amount up to two
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times the level of the penalty prescribed by this sub-
section in any case where the employer has been
found to have committed willful or repeated violations
of any of the following statutes:
‘‘(i) The Fair Labor Standards Act (29
U.S.C. 201 et seq.) pursuant to a final deter-
mination by the Secretary of Labor or a court
of competent jurisdiction.
‘‘(ii) The Migrant and Seasonal Agricul-
tural Worker Protection Act (29 U.S.C. 1801 et
seq.) pursuant to a final determination by the
Secretary of Labor or a court of competent juris-
diction.
‘‘(iii) The Family and Medical Leave Act
(29 U.S.C. 2601 et seq.) pursuant to a final de-
termination by the Secretary of Labor or a court
of competent jurisdiction.
‘‘(B) The Secretary of Labor and the Attorney
General shall consult regarding the administration of
this paragraph.’’.
(e) 
WAIVER
BY
ATTORNEY
GENERAL.—Section
274C(d) (8 U.S.C. 1324c(d)), as amended by subsection (d),
is further amended by adding at the end the following new
paragraph:
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‘‘(8) WAIVER BY ATTORNEY GENERAL.—The At-
torney General may waive the penalties imposed by
this section with respect to an alien who knowingly
violates paragraph (6) if the alien is granted asylum
under section 208 or withholding of deportation
under section 243(h).’’.
(f) EFFECTIVE DATE.—
(1) DEFINITION
OF
FALSELY
MAKE.—Section
274C(f) of the Immigration and Nationality Act, as
added by subsection (b), applies to the preparation of
applications before, on, or after the date of the enact-
ment of this Act.
(2) ENHANCED CIVIL PENALTIES.—The amend-
ments made by subsection (d) apply with respect to
offenses occurring on or after the date of the enact-
ment of this Act.
SEC. 131. PENALTIES FOR INVOLUNTARY SERVITUDE.
(a) AMENDMENTS TO TITLE 18.—Sections 1581, 1583,
1584, and 1588 of title 18, United States Code, are amended
by striking ‘‘five’’ each place it appears and inserting ‘‘10’’.
(b) REVIEW OF SENTENCING GUIDELINES.—The Unit-
ed States Sentencing Commission shall ascertain whether
there exists an unwarranted disparity—
(1) between the sentences for peonage, involun-
tary servitude, and slave trade offenses, and the sen-
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tences for kidnapping offenses in effect on the date of
the enactment of this Act; and
(2) between the sentences for peonage, involun-
tary servitude, and slave trade offenses, and the sen-
tences for alien smuggling offenses in effect on the
date of the enactment of this Act and after the amend-
ment made by subsection (a).
(c) AMENDMENT OF SENTENCING GUIDELINES.—Pur-
suant to its authority under section 994(p) of title 28, Unit-
ed States Code, the United States Sentencing Commission
shall review its guidelines on sentencing for peonage, invol-
untary servitude, and slave trade offenses under sections
1581 through 1588 of title 18, United States Code, and shall
amend such guidelines as necessary to—
(1) reduce or eliminate any unwarranted dispar-
ity found under subsection (b) that exists between the
sentences for peonage, involuntary servitude, and
slave trade offenses, and the sentences for kidnapping
offenses and alien smuggling offenses;
(2) ensure that the applicable guidelines for de-
fendants convicted of peonage, involuntary servitude,
and slave trade offenses are sufficiently stringent to
deter such offenses and adequately reflect the heinous
nature of such offenses; and
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(3) ensure that the guidelines reflect the general
appropriateness of enhanced sentences for defendants
whose peonage, involuntary servitude, or slave trade
offenses involve—
(A) a large number of victims;
(B) the use or threatened use of a dangerous
weapon; or
(C) a prolonged period of peonage or invol-
untary servitude.
(d) EMERGENCY AUTHORITY TO SENTENCING COMMIS-
SION.—The Commission shall promulgate the guidelines or
amendments provided for under this section as soon as
practicable in accordance with the procedure set forth in
section 21(a) of the Sentencing Act of 1987, as though the
authority under that Act had not expired.
(e) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to of-
fenses occurring on or after the date of the enactment of
this Act.
SEC. 132. EXCLUSION RELATING TO MATERIAL SUPPORT TO
TERRORISTS.
Section 
212(a)(3)(B)(iii)(III) 
(8 
U.S.C.
1182(a)(3)(B)(iii)(III)) is amended by inserting ‘‘docu-
mentation or’’ before ‘‘identification’’.
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PART 4—EXCLUSION AND DEPORTATION
SEC. 141. SPECIAL EXCLUSION IN EXTRAORDINARY MIGRA-
TION SITUATIONS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by adding after section 236 (8 U.S.C. 1226)
the following new section:
‘‘SPECIAL EXCLUSION IN EXTRAORDINARY MIGRATION
SITUATIONS
‘‘SEC. 236A. (a) IN GENERAL.—
‘‘(1) Notwithstanding the provisions of sections
235(b) and 236, and subject to subsection (c), if the
Attorney General determines that the numbers or cir-
cumstances of aliens en route to or arriving in the
United States, by land, sea, or air, present an ex-
traordinary migration situation, the Attorney Gen-
eral may, without referral to a special inquiry officer,
order the exclusion and deportation of any alien who
is found to be excludable under section 212(a) (6)(C)
or (7).
‘‘(2) As used in this section, the term ‘extraor-
dinary migration situation’ means the arrival or im-
minent arrival in the United States or its territorial
waters of aliens who by their numbers or cir-
cumstances substantially exceed the capacity of the
inspection and examination of such aliens.
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‘‘(3) Subject to paragraph (4), the determination
whether there exists an extraordinary migration situ-
ation within the meaning of paragraphs (1) and (2)
is committed to the sole and exclusive discretion of the
Attorney General.
‘‘(4) The provisions of this subsection may be in-
voked under paragraph (1) for a period not to exceed
90 days, unless within such 90-day period or exten-
sion thereof, the Attorney General determines, after
consultation with the Committees on the Judiciary of
the Senate and the House of Representatives, that an
extraordinary migration situation continues to war-
rant such procedures remaining in effect for an addi-
tional 90-day period.
‘‘(5) No alien may be ordered specially excluded
under paragraph (1) if—
‘‘(A) such alien is eligible to seek asylum
under section 208; and
‘‘(B) the Attorney General determines, in
the procedure described in subsection (b), that
such alien has a credible fear of persecution on
account of race, religion, nationality, member-
ship in a particular social group or political
opinion in the country of such person’s national-
ity, or in the case of a person having no nation-
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ality, the country in which such person last ha-
bitually resided.
‘‘(6) A special exclusion order entered in accord-
ance with the provisions of this section is not subject
to administrative review other than as provided in
this section, except that the Attorney General shall
provide by regulation for a prompt administrative re-
view of such an order against an applicant who
claims under oath, or as permitted under penalty of
perjury under section 1746 of title 28, United States
Code, after having been warned of the penalties for
falsely making such claim under such conditions, to
have been, and appears to have been, lawfully admit-
ted for permanent residence.
‘‘(7) A special exclusion order entered in accord-
ance with the provisions of this section shall have the
same effect as if the alien had been ordered excluded
and deported pursuant to section 236.
‘‘(8) Nothing in this subsection shall be construed
as requiring an inquiry before a special inquiry offi-
cer in the case of an alien crewman.
‘‘(b) PROCEDURE FOR USING SPECIAL EXCLUSION.—
(1) When the Attorney General has determined pursuant
to this section that an extraordinary migration situation
exists and an alien subject to special exclusion under such
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section has indicated a desire to apply for asylum or with-
holding of deportation under section 243(h) or has indi-
cated a fear of persecution upon return, the immigration
officer shall refer the matter to an asylum officer.
‘‘(2) Such asylum officer shall interview the alien to
determine whether the alien has a credible fear of persecu-
tion (or of return to persecution) in or from the country
of such alien’s nationality, or in the case of a person having
no nationality, the country in which such alien last habit-
ually resided.
‘‘(3) The Attorney General shall provide information
concerning the procedures described in this section to any
alien who is subject to such provisions. The alien may con-
sult with or be represented by a person or persons of the
alien’s choosing according to regulations prescribed by the
Attorney General. Such consultation and representation
shall be at no expense to the Government and shall not un-
reasonably delay the process.
‘‘(4) The application for asylum or withholding of de-
portation of an alien who has been determined under the
procedure described in paragraph (2) to have a credible fear
of persecution shall be determined in due course by a special
inquiry officer during a hearing on the exclusion of such
alien.
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‘‘(5) If the officer determines that the alien does not
have a credible fear of persecution in (or of return to perse-
cution from) the country or countries referred to in para-
graph (2), the alien may be specially excluded and deported
in accordance with this section.
‘‘(6) The Attorney General shall provide by regulation
for a single level of administrative appellate review of a
special exclusion order entered in accordance with the pro-
visions of this section.
‘‘(7) As used in this section, the term ‘asylum officer’
means an immigration officer who—
‘‘(A) has had extensive professional training in
country conditions, asylum law, and interview tech-
niques;
‘‘(B) has had at least one year of experience ad-
judicating affirmative asylum applications of aliens
who are not in special exclusion proceedings; and
‘‘(C) is supervised by an officer who meets the
qualifications described in subparagraphs (A) and
(B).
‘‘(8) As used in this section, the term ‘credible fear of
persecution’ means that, in light of statements and evidence
produced by the alien in support of the alien’s claim, and
of such other facts as are known to the officer about country
conditions, a claim by the alien that the alien is eligible
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‘‘(7) This subsection—
‘‘(A) does not prevent the Attorney General, after
a final order of deportation has been issued, from de-
taining the alien under section 242(c);
‘‘(B) does not relieve the alien from complying
with subsection (d) or (e) of section 242; and
‘‘(C) except as provided in paragraph (3), does
not require the Attorney General to defer deportation
of the alien.
‘‘(8) The record and briefs do not have to be printed.
The court of appeals shall review the proceeding on a type-
written record and on typewritten briefs.
‘‘(c) REQUIREMENTS FOR PETITION.—A petition for
review of an order of exclusion or deportation shall state
whether a court has upheld the validity of the order, and,
if so, shall state the name of the court, the date of the court’s
ruling, and the kind of proceeding.
‘‘(d) REVIEW OF FINAL ORDERS.—
‘‘(1) A court may review a final order of exclu-
sion or deportation only if—
‘‘(A) the alien has exhausted all administra-
tive remedies available to the alien as a matter
of right; and
‘‘(B) another court has not decided the va-
lidity of the order, unless, subject to paragraph