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the summary so long as the judge finds that the
summary is sufficient—
‘‘(A) to inform the alien of the general na-
ture of the evidence that the alien is an alien
terrorist, and
‘‘(B) to permit the alien to prepare a de-
fense against deportation.
The Department of Justice shall cause to be deliv-
ered to the alien a copy of the summary.
‘‘(3)
OPPORTUNITY
FOR
CORRECTION
AND
RESUBMITTAL.—If the judge does not approve the
summary, the judge shall provide the Department a
reasonable opportunity to correct the deficiencies
identified by the court and to submit a revised sum-
mary.
‘‘(4) CONDITIONS FOR TERMINATION OF PRO-
CEEDINGS IF SUMMARY NOT APPROVED.—
‘‘(A) IN GENERAL.—If, subsequent to the
opportunity described in paragraph (3), the
judge does not approve the summary, the judge
shall terminate the special removal hearing un-
less the judge makes the findings described in
subparagraph (B).
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‘‘(B) FINDINGS.—The findings described
in this subparagraph are, with respect to an
alien, that—
‘‘(i) the continued presence of the
alien in the United States would likely
cause serious and irreparable harm to the
national security or death or serious bodily
injury to any person, and
‘‘(ii) the provision of the required
summary would likely cause serious and ir-
reparable harm to the national security or
death or serious bodily injury to any per-
son.
‘‘(5)
CONTINUATION
OF
HEARING
WITHOUT
SUMMARY.—If a judge makes the findings described
in paragraph (4)(B)—
‘‘(A) if the alien involved is an alien law-
fully admitted for permanent residence, the pro-
cedures described in subsection (c) shall apply;
and
‘‘(B) in all cases the special removal hear-
ing shall continue, the Department of Justice
shall cause to be delivered to the alien a state-
ment that no summary is possible, and the clas-
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sified information submitted in camera and ex
parte may be used pursuant to section 505(e).
‘‘(c) SPECIAL PROCEDURES FOR ACCESS AND CHAL-
LENGES TO CLASSIFIED INFORMATION BY SPECIAL AT-
TORNEYS IN CASE OF LAWFUL PERMANENT ALIENS.—
‘‘(1) IN GENERAL.—The procedures described
in this subsection are that the judge (under rules of
the special removal court) shall designate a special
attorney to assist the alien—
‘‘(A) by reviewing in camera the classified
information on behalf of the alien, and
‘‘(B) by challenging through an in camera
proceeding the veracity of the evidence con-
tained in the classified information.
‘‘(2) RESTRICTIONS ON DISCLOSURE.—A spe-
cial attorney receiving classified information under
paragraph (1)—
‘‘(A) shall not disclose the information to
the alien or to any other attorney representing
the alien, and
‘‘(B) who discloses such information in vio-
lation of subparagraph (A) shall be subject to
a fine under title 18, United States Code, im-
prisoned for not less than 10 years nor more
than 25 years, or both.
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‘‘APPEALS
‘‘SEC. 507. (a) APPEALS OF DENIALS OF APPLICA-
TIONS FOR ORDERS.—The Department of Justice may
seek a review of the denial of an order sought in an appli-
cation by the United States Court of Appeals for the Dis-
trict of Columbia Circuit by notice of appeal which must
be filed within 20 days after the date of such denial. In
such a case the entire record of the proceeding shall be
transmitted to the Court of Appeals under seal and the
Court of Appeals shall hear the matter ex parte. In such
a case the Court of Appeals shall review questions of law
de novo, but a prior finding on any question of fact shall
not be set aside unless such finding was clearly erroneous.
‘‘(b) APPEALS OF DETERMINATIONS ABOUT SUM-
MARIES
OF CLASSIFIED INFORMATION.—Either party
may take an interlocutory appeal to the United States
Court of Appeals for the District of Columbia Circuit of—
‘‘(1) any determination by the judge pursuant
to section 506(a)—
‘‘(A) concerning whether an item of evi-
dence may be introduced in camera and ex
parte, or
‘‘(B) concerning the contents of any sum-
mary of evidence to be introduced in camera
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and ex parte prepared pursuant to section
506(b); or
‘‘(2) the refusal of the court to make the find-
ings permitted by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this sub-
section, the entire record, including any proposed order
of the judge or summary of evidence, shall be transmitted
to the Court of Appeals under seal and the matter shall
be heard ex parte.
‘‘(c) APPEALS OF DECISION IN HEARING.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
the decision of the judge after a special removal
hearing may be appealed by either the alien or the
Department of Justice to the United States Court of
Appeals for the District of Columbia Circuit by no-
tice of appeal.
‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA-
NENT
RESIDENT
ALIENS
IN
WHICH
NO
SUMMARY
PROVIDED.—
‘‘(A)
IN
GENERAL.—Unless
the
alien
waives the right to a review under this para-
graph, in any case involving an alien lawfully
admitted for permanent residence who is denied
a written summary of classified information
under section 506(b)(4) and with respect to
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which
the
procedures
described
in
section
506(c) apply, any order issued by the judge
shall be reviewed by the Court of Appeals for
the District of Columbia Circuit.
‘‘(B) USE OF SPECIAL ATTORNEY.—With
respect to any issue relating to classified infor-
mation that arises in such review, the alien
shall be represented only by the special attorney
designated under section 506(c)(1) on behalf of
the alien.
‘‘(d)
GENERAL
PROVISIONS
RELATING
TO
AP-
PEALS.—
‘‘(1) NOTICE.—A notice of appeal pursuant to
subsection (b) or (c) (other than under subsection
(c)(2)) must be filed within 20 days after the date
of the order with respect to which the appeal is
sought, during which time the order shall not be exe-
cuted.
‘‘(2) TRANSMITTAL OF RECORD.—In an appeal
or review to the Court of Appeals pursuant to sub-
section (b) or (c)—
‘‘(A) the entire record shall be transmitted
to the Court of Appeals, and
‘‘(B) information received pursuant to sec-
tion 505(e), and any portion of the judge’s
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order that would reveal the substance or source
of such information, shall be transmitted under
seal.
‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In
an appeal or review to the Court of Appeals pursu-
ant to subsection (b) or (c):
‘‘(A) REVIEW.—The appeal or review shall
be heard as expeditiously as practicable and the
Court may dispense with full briefing and hear
the matter solely on the record of the judge of
the special removal court and on such briefs or
motions as the Court may require to be filed by
the parties.
‘‘(B) DISPOSITION.—The Court shall up-
hold or reverse the judge’s order within 60 days
after the date of the issuance of the judge’s
final order.
‘‘(4) STANDARD FOR REVIEW.—In an appeal or
review to the Court of Appeals pursuant to sub-
section (b) or (c):
‘‘(A) QUESTIONS OF LAW.—The Court of
Appeals shall review all questions of law de
novo.
‘‘(B) QUESTIONS OF FACT.—(i) Subject to
clause (ii), a prior finding on any question of
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fact shall not be set aside unless such finding
was clearly erroneous.
‘‘(ii) In the case of a review under sub-
section (c)(2) in which an alien lawfully admit-
ted for permanent residence was denied a writ-
ten summary of classified information under
section 506(b)(4), the Court of Appeals shall
review questions of fact de novo.
‘‘(e) CERTIORARI.—Following a decision by the Court
of Appeals pursuant to subsection (b) or (c), either the
alien or the Department of Justice may petition the Su-
preme Court for a writ of certiorari. In any such case,
any information transmitted to the Court of Appeals
under seal shall, if such information is also submitted to
the Supreme Court, be transmitted under seal. Any order
of removal shall not be stayed pending disposition of a
writ of certiorari except as provided by the Court of Ap-
peals or a Justice of the Supreme Court.
‘‘(f) APPEALS OF DETENTION ORDERS.—
‘‘(1) IN GENERAL.— The provisions of sections
3145 through 3148 of title 18, United States Code,
pertaining to review and appeal of a release or de-
tention order, penalties for failure to appear, pen-
alties for an offense committed while on release, and
sanctions for violation of a release condition shall
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apply to an alien to whom section 508(b)(1) applies.
In applying the previous sentence—
‘‘(A) for purposes of section 3145 of such
title an appeal shall be taken to the United
States Court of Appeals for the District of Co-
lumbia Circuit, and
‘‘(B) for purposes of section 3146 of such
title the alien shall be considered released in
connection with a charge of an offense punish-
able by life imprisonment.
‘‘(2) NO REVIEW OF CONTINUED DETENTION.—
The determinations and actions of the Attorney
General pursuant to section 508(c)(2)(C) shall not
be subject to judicial review, including application
for a writ of habeas corpus, except for a claim by
the alien that continued detention violates the alien’s
rights under the Constitution. Jurisdiction over any
such challenge shall lie exclusively in the United
States Court of Appeals for the District of Columbia
Circuit.
‘‘DETENTION AND CUSTODY
‘‘SEC. 508. (a) INITIAL CUSTODY.—
‘‘(1) UPON FILING APPLICATION.—Subject to
paragraph (2), the Attorney General may take into
custody any alien with respect to whom an applica-
tion under section 503 has been filed and, notwith-
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standing any other provision of law, may retain such
an alien in custody in accordance with the proce-
dures authorized by this title.
‘‘(2) SPECIAL
RULES
FOR
PERMANENT
RESI-
DENT ALIENS.—An alien lawfully admitted for per-
manent residence shall be entitled to a release hear-
ing before the judge assigned to hear the special re-
moval hearing. Such an alien shall be detained pend-
ing the special removal hearing, unless the alien
demonstrates to the court that—
‘‘(A) the alien, if released upon such terms
and conditions as the court may prescribe (in-
cluding the posting of any monetary amount),
is not likely to flee, and
‘‘(B) the alien’s release will not endanger
national security or the safety of any person or
the community.
The judge may consider classified information sub-
mitted in camera and ex parte in making a deter-
mination under this paragraph.
‘‘(3) RELEASE IF ORDER DENIED AND NO RE-
VIEW SOUGHT.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if a judge of the special removal
court denies the order sought in an application
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with respect to an alien and the Department of
Justice does not seek review of such denial, the
alien shall be released from custody.
‘‘(B) APPLICATION
OF
REGULAR
PROCE-
DURES.—Subparagraph (A) shall not prevent
the arrest and detention of the alien pursuant
to title II.
‘‘(b) CONDITIONAL RELEASE IF ORDER DENIED AND
REVIEW SOUGHT.—
‘‘(1) IN GENERAL.—If a judge of the special re-
moval court denies the order sought in an applica-
tion with respect to an alien and the Department of
Justice seeks review of such denial, the judge shall
release the alien from custody subject to the least re-
strictive condition or combination of conditions of re-
lease described in section 3142(b) and clauses (i)
through (xiv) of section 3142(c)(1)(B) of title 18,
United States Code, that will reasonably assure the
appearance of the alien at any future proceeding
pursuant to this title and will not endanger the safe-
ty of any other person or the community.
‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If
the judge finds no such condition or combination of
conditions, the alien shall remain in custody until
the completion of any appeal authorized by this title.
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‘‘(c) CUSTODY AND RELEASE AFTER HEARING.—
‘‘(1) RELEASE.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if the judge decides pursuant to sec-
tion 505(i) that an alien should not be removed,
the alien shall be released from custody.
‘‘(B) CUSTODY PENDING APPEAL.—If the
Attorney General takes an appeal from such de-
cision, the alien shall remain in custody, subject
to the provisions of section 3142 of title 18,
United States Code.
‘‘(2) CUSTODY AND REMOVAL.—
‘‘(A) CUSTODY.—If the judge decides pur-
suant to section 505(i) that an alien shall be re-
moved, the alien shall be detained pending the
outcome of any appeal. After the conclusion of
any judicial review thereof which affirms the re-
moval order, the Attorney General shall retain
the alien in custody and remove the alien to a
country specified under subparagraph (B).
‘‘(B) REMOVAL.—
‘‘(i) IN GENERAL.—The removal of an
alien shall be to any country which the
alien shall designate if such designation
does not, in the judgment of the Attorney
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General, in consultation with the Secretary
of State, impair the obligation of the
United States under any treaty (including
a treaty pertaining to extradition) or other-
wise adversely affect the foreign policy of
the United States.
‘‘(ii) ALTERNATE COUNTRIES.—If the
alien refuses to designate a country to
which the alien wishes to be removed or if
the Attorney General, in consultation with
the Secretary of State, determines that re-
moval of the alien to the country so des-
ignated would impair a treaty obligation or
adversely affect United States foreign pol-
icy, the Attorney General shall cause the
alien to be removed to any country willing
to receive such alien.
‘‘(C)
CONTINUED
DETENTION.—If
no
country is willing to receive such an alien, the
Attorney General may, notwithstanding any
other provision of law, retain the alien in cus-
tody. The Attorney General, in coordination
with the Secretary of State, shall make periodic
efforts to reach agreement with other countries
to accept such an alien and at least every 6
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Title III, Subtitle B
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months shall provide to the attorney represent-
ing the alien at the special removal hearing a
written report on the Attorney General’s ef-
forts. Any alien in custody pursuant to this
subparagraph shall be released from custody
solely at the discretion of the Attorney General
and subject to such conditions as the Attorney
General shall deem appropriate.
‘‘(D) FINGERPRINTING.—Before an alien
is transported out of the United States pursu-
ant to this subsection, or pursuant to an order
of exclusion because such alien is excludable
under section 212(a)(3)(B), the alien shall be
photographed and fingerprinted, and shall be
advised of the provisions of subsection 276(b).
‘‘(d) CONTINUED DETENTION PENDING TRIAL.—
‘‘(1)
DELAY
IN
REMOVAL.—Notwithstanding
the provisions of subsection (c)(2), the Attorney
General may hold in abeyance the removal of an
alien who has been ordered removed pursuant to this
title to allow the trial of such alien on any Federal
or State criminal charge and the service of any sen-
tence of confinement resulting from such a trial.
‘‘(2) MAINTENANCE OF CUSTODY.—Pending the
commencement of any service of a sentence of con-
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finement by an alien described in paragraph (1),
such an alien shall remain in the custody of the At-
torney General, unless the Attorney General deter-
mines that temporary release of the alien to the cus-
tody of State authorities for confinement in a State
facility is appropriate and would not endanger na-
tional security or public safety.
‘‘(3) SUBSEQUENT
REMOVAL.—Following the
completion of a sentence of confinement by an alien
described in paragraph (1) or following the comple-
tion of State criminal proceedings which do not re-
sult in a sentence of confinement of an alien released
to the custody of State authorities pursuant to para-
graph (2), such an alien shall be returned to the
custody of the Attorney General who shall proceed
to carry out the provisions of subsection (c)(2) con-
cerning removal of the alien.
‘‘(e) APPLICATION OF CERTAIN PROVISIONS RELAT-
ING TO ESCAPE OF PRISONERS.—For purposes of sections
751 and 752 of title 18, United States Code, an alien in
the custody of the Attorney General pursuant to this title
shall be subject to the penalties provided by those sections
in relation to a person committed to the custody of the
Attorney General by virtue of an arrest on a charge of
a felony.
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‘‘(f) RIGHTS OF ALIENS IN CUSTODY.—
‘‘(1) FAMILY AND ATTORNEY VISITS.—An alien
in the custody of the Attorney General pursuant to
this title shall be given reasonable opportunity to
communicate with and receive visits from members
of the alien’s family, and to contact, retain, and
communicate with an attorney.
‘‘(2) DIPLOMATIC CONTACT.—An alien in the
custody of the Attorney General pursuant to this
title shall have the right to contact an appropriate
diplomatic or consular official of the alien’s country
of citizenship or nationality or of any country pro-
viding representation services therefore. The Attor-
ney General shall notify the appropriate embassy,
mission, or consular office of the alien’s detention.’’.
(b) CRIMINAL PENALTY FOR REENTRY OF ALIEN
TERRORISTS.—Section 276(b) (8 U.S.C. 1326(b)) is
amended—
(1) by striking ‘‘or’’ at the end of paragraph
(1),
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’, and
(3) by inserting after paragraph (2) the follow-
ing new paragraph:
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Title III, Subtitle B
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‘‘(3) who has been excluded from the United
States pursuant to subsection 235(c) because the
alien was excludable under subsection 212(a)(3)(B)
or who has been removed from the United States
pursuant to the provisions of title V, and who there-
after, without the permission of the Attorney Gen-
eral, enters the United States or attempts to do so
shall be fined under title 18, United States Code,
and imprisoned for a period of 10 years, which sen-
tence shall not run concurrently with any other sen-
tence.’’.
(c) ELIMINATION OF CUSTODY REVIEW BY HABEAS
CORPUS.—Section 106(a) (8 U.S.C. 1105a(a)) is amend-
ed—
(1) by adding ‘‘and’’ at the end of paragraph
(8),
(2) by striking ‘‘; and’’ at the end of paragraph
(9) and inserting a period, and
(3) by striking paragraph (10).
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to all aliens without regard
to the date of entry or attempted entry into the United
States.
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Title III, Subtitle B
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SEC. 322. FUNDING FOR DETENTION AND REMOVAL OF
ALIEN TERRORISTS.
In addition to amounts otherwise appropriated, there
are authorized to be appropriated for each fiscal year (be-
ginning with fiscal year 1996) $5,000,000 to the Immigra-
tion and Naturalization Service for the purpose of detain-
ing and removing alien terrorists.
PART 2—INADMISSIBILITY AND DENIAL OF
RELIEF FOR ALIEN TERRORISTS
SEC. 331. MEMBERSHIP IN TERRORIST ORGANIZATION AS
GROUND OF INADMISSIBILITY.
(a) IN GENERAL.—Section 212(a)(3)(B) (8 U.S.C.
1182(a)(3)(B)) is amended—
(1) in clause (i)—
(A)
by
striking
‘‘or’’
at
the
end
of
subclause (I),
(B) in subclause (II), by inserting ‘‘en-
gaged in or’’ after ‘‘believe,’’, and
(C) by inserting after subclause (II) the
following:
‘‘(III) is a representative of a ter-
rorist organization, or
‘‘(IV) is a member of a terrorist
organization which the alien knows or
should have known is a terrorist orga-
nization,’’; and
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Title III, Subtitle B
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(2) by adding at the end the following:
‘‘(iv) TERRORIST ORGANIZATION DE-
FINED.—
‘‘(I)
DESIGNATION.—For
pur-
poses of this Act, the term ‘terrorist
organization’ means a foreign organi-
zation designated in the Federal Reg-
ister as a terrorist organization by the
Secretary of State, in consultation
with
the
Attorney
General,
based
upon a finding that the organization
engages in, or has engaged in, terror-
ist activity that threatens the national
security of the United States.
‘‘(II) PROCESS.—At least 3 days
before designating an organization as
a terrorist organization through publi-
cation in the Federal Register, the
Secretary of State, in consultation
with the Attorney General, shall notify
the Committees on the Judiciary of
the House of Representatives and the
Senate of the intent to make such
designation and the findings and basis
for
designation.
The
Secretary
of
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State, in consultation with the Attor-
ney General, shall create an adminis-
trative record and may use classified
information in making such a designa-
tion. Such information is not subject
to disclosure so long as it remains
classified, except that it may be dis-
closed to a court ex parte and in cam-
era under subclause (III) for purposes
of judicial review of such a designa-
tion. The Secretary of State, in con-
sultation with the Attorney General,
shall provide notice and an oppor-
tunity for public comment prior to the
creation of the administrative record
under this subclause.
‘‘(III) JUDICIAL
REVIEW.—Any
organization designated as a terrorist
organization under the preceding pro-
visions of this clause may, not later
than 30 days after the date of the
designation, seek judicial review there-
of in the United States Court of Ap-
peals for the District of Columbia Cir-
cuit. Such review shall be based solely
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upon the administrative record, except
that the Government may submit, for
ex parte and in camera review, classi-
fied information considered in making
the designation. The court shall hold
unlawful and set aside the designation
if the court finds the designation to be
arbitrary, capricious, an abuse of dis-
cretion, or otherwise not in accord-
ance
with
law,
lacking
substantial
support in the administrative record
taken as a whole or in classified infor-
mation submitted to the court under
the
previous
sentence,
contrary
to
constitutional right, power, privilege,
or immunity, or not in accord with the
procedures required by law.
‘‘(IV) CONGRESSIONAL REMOVAL
AUTHORITY.—The Congress reserves
the authority to remove, by law, the
designation of an organization as a
terrorist organization for purposes of
this Act.
‘‘(V)
SUNSET.—Subject
to
subclause (IV), the designation under
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this clause of an organization as a
terrorist organization shall be effective
for a period of 2 years from the date
of the initial publication of the terror-
ist organization designation by the
Secretary of State. At the end of such
period (but no sooner than 60 days
prior to the termination of the 2-year-
designation period), the Secretary of
State, in consultation with the Attor-
ney General, may redesignate the or-
ganization in conformity with the re-
quirements of this clause for designa-
tion of the organization.
‘‘(VI)
REMOVAL
AUTHORITY.—
The Secretary of State, in consulta-
tion with the Attorney General, may
remove the terrorist organization des-
ignation from any organization pre-
viously designated as such an organi-
zation, at any time, so long as the
Secretary publishes notice of the re-
moval in the Federal Register. The
Secretary is not required to report to
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Title III, Subtitle B
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Congress prior to so removing such
designation.
‘‘(v) REPRESENTATIVE DEFINED.—In
this subparagraph, the term ‘representa-
tive’ includes an officer, official, or spokes-
man of the organization and any person
who directs, counsels, commands or in-
duces the organization or its members to
engage in terrorist activity.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 332. DENIAL OF RELIEF FOR ALIEN TERRORISTS.
(a)
WITHHOLDING
OF
DEPORTATION.—Section
243(h)(2) (8 U.S.C. 1253(h)(2)) is amended by adding
at the end the following new sentence: ‘‘For purposes of
subparagraph (D), an alien who is described in section
241(a)(4)(B) shall be considered to be an alien for whom
there are reasonable grounds for regarding as a danger
to the security of the United States.’’.
(b) SUSPENSION OF DEPORTATION.—Section 244(a)
(8 U.S.C. 1254(a)) is amended by striking ‘‘section
241(a)(4)(D)’’ and inserting ‘‘subparagraph (B) or (D) of
section 241(a)(4)’’.
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(c) VOLUNTARY DEPARTURE.—Section 244(e)(2) (8
U.S.C. 1254(e)(2)) is amended by inserting ‘‘under sec-
tion 241(a)(4)(B) or’’ after ‘‘who is deportable’’.
(d) ADJUSTMENT OF STATUS.—Section 245(c) (8
U.S.C. 1255(c)) is amended—
(1) by striking ‘‘or’’ before ‘‘(5)’’, and
(2) by inserting before the period at the end the
following: ‘‘, or (6) an alien who is deportable under
section 241(a)(4)(B)’’.
(e) REGISTRY.—Section 249(d) (8 U.S.C. 1259(d))
is amended by inserting ‘‘and is not deportable under sec-
tion 241(a)(4)(B)’’ after ‘‘ineligible to citizenship’’.
(f) EFFECTIVE DATE.—(1) The amendments made
by this section shall take effect on the date of the enact-
ment of this Act and shall apply to applications filed be-
fore, on, or after such date if final action has not been
taken on them before such date.
(2)
The
amendments
made
by
subsections
(a)
through (c) are subsequently superseded by the amend-
ments made by subtitle A.
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Title III, Subtitle C
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Subtitle
C—Deterring
Transpor-
tation of Unlawful Aliens to the
United States
SEC. 341. DEFINITION OF STOWAWAY.
(a) STOWAWAY DEFINED.—Section 101(a) (8 U.S.C.
1101(a)) is amended by adding the following new para-
graph:
‘‘(47) The term ‘stowaway’ means any alien
who obtains transportation without the consent of
the owner, charterer, master or person in command
of any vessel or aircraft through either concealment
on board such vessel or aircraft or evasion of that
carrier’s standard boarding procedures.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 342. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIV-
ING.
(a)
IN
GENERAL.—Section
231(a)
(8
U.S.C.
1221(a)) is amended—
(1) by amending the first sentence to read as
follows: ‘‘In connection with the arrival of any per-
son by water or by air at any port within the United
States from any place outside the United States, it
shall be the duty of the master or commanding offi-
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Title III, Subtitle C
HR 2202 RH
cer, or authorized agent, owner, or consignee of the
vessel or aircraft, having such person on board to
deliver to the immigration officers at the port of ar-
rival, or other place designated by the Attorney Gen-
eral, electronic, typewritten, or printed lists or mani-
fests of the persons on board such vessel or air-
craft.’’;
(2) in the second sentence, by striking ‘‘shall be
prepared’’ and inserting ‘‘shall be prepared and sub-
mitted’’; and
(3) by inserting after the second sentence the
following sentence: ‘‘Such lists or manifests shall
contain, but not be limited to, for each person trans-
ported, the person’s full name, date of birth, gender,
citizenship, travel document number (if applicable)
and arriving flight number.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to vessels or aircraft arriving
at ports of entry on or after such date (not later than
60 days after the date of the enactment of this Act) as
the Attorney General shall specify.
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SEC. 343. TRANSPORTATION LINE RESPONSIBILITY FOR
TRANSIT WITHOUT VISA ALIENS.
(a)
IN
GENERAL.—Section
238(c)
(8
U.S.C.
1228(c)), before redesignation as section 233 under sec-
tion 308(b)(4), is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’, and
(2) by adding at the end the following new
paragraph:
‘‘(2) Notwithstanding any other provision of this Act
and in consideration for bringing aliens transiting through
the United States without a visa, a transportation line
that has entered into a contract under this section is
deemed to have agreed to indemnify the United States
against any costs for the detention and removal from the
United States of any such alien who for any reason—
‘‘(A) is refused admission to the United States,
‘‘(B) fails to continue the alien’s journey to a
foreign country within the time prescribed by regula-
tion, or
‘‘(C) is refused admission by the foreign coun-
try to which the alien is travelling while transiting
through the United States. ’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to aliens arriving in the United
States on or after such date (not later than 60 days after
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the date of the enactment of this Act) as the Attorney
General shall specify.
SEC. 344. CIVIL PENALTIES FOR BRINGING INADMISSIBLE
ALIENS FROM CONTIGUOUS TERRITORIES.
(a) IN GENERAL.—Section 273 (8 U.S.C. 1323) is
amended—
(1) in subsection (a), by striking ‘‘(other than
from foreign contiguous territory)’’, and
(2) in subsection (b), by striking ‘‘$3,000’’ and
inserting ‘‘$5,000’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to aliens arriving in the United
States on or after such date (not later than 60 days after
the date of the enactment of this Act) as the Attorney
General shall specify.
Subtitle D—Additional Provisions
SEC. 351. DEFINITION OF CONVICTION.
(a)
IN
GENERAL.—Section
101(a)
(8
U.S.C.
1101(a)), as amended by section 341, is amended by add-
ing at the end the following new paragraph:
‘‘(48) The term ‘conviction’ means a formal
judgment of guilt entered by a court or, if adjudica-
tion of guilt has been withheld, where all of the fol-
lowing elements are present:
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‘‘(A) A judge or jury has found the alien
guilty or the alien has entered a plea of guilty
or nolo contendere or has admitted sufficient
facts to warrant a finding of guilt.
‘‘(B) The judge has ordered some form of
punishment, penalty, or restraint on the alien’s
liberty to be imposed.
‘‘(C) A judgment or adjudication of guilt
may be entered if the alien violates the terms
of the probation or fails to comply with the re-
quirements of the court’s order, without avail-
ability of further proceedings regarding the
alien’s
guilt
or
innocence
of
the
original
charge.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to convictions entered before,
on, or after the date of the enactment of this Act.
SEC. 352. USE OF TERM ‘‘IMMIGRATION JUDGE’’.
(a) DEFINITION OF TERM.—Paragraph (4) of section
101(b) (8 U.S.C. 1101(b)) is amended to read as follows:
‘‘(4) The term ‘immigration judge’ means an attorney
whom the Attorney General deems specially qualified to
conduct specified classes of proceedings, including a hear-
ing under section 240. An immigration judge shall be sub-
ject to such supervision and shall perform such duties as
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Title III, Subtitle D
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the Attorney General shall prescribe, but shall not be em-
ployed by the Immigration and Naturalization Service.’’.
(b) SUBSTITUTION FOR TERM ‘‘SPECIAL INQUIRY
OFFICER’’.—The Immigration and Nationality Act is
amended by striking ‘‘special inquiry officer’’ and ‘‘special
inquiry officers’’ and inserting ‘‘immigration judge’’ and
‘‘immigration judges’’, respectively, each place it appears
in the following sections:
(1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)).
(2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
(3) Section 234 (8 U.S.C. 1224).
(4) Section 235 (8 U.S.C. 1225).
(5) Section 236 (8 U.S.C. 1226).
(6) Section 242(b) (8 U.S.C. 1252(b)).
(7) Section 242(d)(1) (8 U.S.C. 1252(d)(1)).
(8) Section 292 (8 U.S.C. 1362).
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT
STATUS.
(a)
IN
GENERAL.—Section
246(a)
(8
U.S.C.
1256(a)) is amended by adding at the end the following
sentence: ‘‘Nothing in this subsection shall require the At-
torney General to rescind the alien’s status prior to com-
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Title III, Subtitle D
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mencement of procedures to remove the alien under sec-
tion 240, and an order of removal issued by an immigra-
tion judge shall be sufficient to rescind the alien’s sta-
tus.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the title III–A effective
date (as defined in section 309(a)).
SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 274C the follow-
ing new section:
‘‘CIVIL PENALTIES FOR FAILURE TO DEPART
‘‘SEC. 274D. (a) IN GENERAL.—Any alien subject to
a final order of removal who—
‘‘(1) willfully fails or refuses to—
‘‘(A) depart from the United States pursu-
ant to the order,
‘‘(B) make timely application in good faith
for travel or other documents necessary for de-
parture, or
‘‘(C) present for removal at the time and
place required by the Attorney General; or
‘‘(2) conspires to or takes any action designed
to prevent or hamper the alien’s departure pursuant
to the order,
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shall pay a civil penalty of not more $500 to the Commis-
sioner for each day the alien is in violation of this section.
‘‘(b) CONSTRUCTION.—Nothing in this section shall
be construed to diminish or qualify any penalties to which
an alien may be subject for activities proscribed by section
243(a) or any other section of this Act.’’.
(b) CLERICAL AMENDMENT.—The table of contents
is amended by inserting after the item relating to section
274C the following new item:
‘‘Sec. 274D. Civil penalties for failure to depart.’’.
(c) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to actions occurring on or after
the title III–A effective date (as defined in section 309(a)).
SEC. 355. CLARIFICATION OF DISTRICT COURT JURISDIC-
TION.
(a) IN GENERAL.—Section 279 (8 U.S.C. 1329) is
amended—
(1) by amending the first sentence to read as
follows: ‘‘The district courts of the United States
shall have jurisdiction of all causes, civil and crimi-
nal, brought by the United States that arise under
the provisions of this title.’’, and
(2) by adding at the end the following new sen-
tence: ‘‘Nothing in this section shall be construed as
providing jurisdiction for suits against the United
States or its agencies or officers.’’.
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(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to actions filed after the date
of the enactment of this Act.
øSEC. 356. USE OF RETIRED FEDERAL EMPLOYEES FOR IN-
STITUTIONAL HEARING PROGRAM.
ø(a) AUTHORIZATION OF TEMPORARY EMPLOYMENT
OF CERTAIN ANNUITANTS AND RETIREES.—For the pur-
pose of performing duties in connection with supporting
the enhanced Institutional Hearing Program, the Attorney
General may employ for a period not to exceed 24 months
(beginning 3 months after the date of the enactment of
this Act) not more than 300 individuals (at any one time)
who, by reason of separation from service on or before
January 1, 1995, are receiving—
ø(1) annuities under the provisions of sub-
chapter III of chapter 83 of title 5, United States
Code, or chapter 84 of such title;
ø(2) annuities under any other retirement sys-
tem for employees of the Federal Government; or
ø(3) retired or retainer pay as retired officers
of regular components of the uniformed services.
ø(b) NO REDUCTION IN ANNUITY OR RETIREMENT
PAY OR REDETERMINATION OF PAY DURING TEMPORARY
EMPLOYMENT.—
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ø(1) RETIREES UNDER CIVIL SERVICE RETIRE-
MENT SYSTEM AND FEDERAL EMPLOYEES’ RETIRE-
MENT SYSTEM.—In the case of an individual em-
ployed under subsection (a) who is receiving an an-
nuity described in subsection (a)(1)—
ø(A) such individual’s annuity shall con-
tinue during the employment under subsection
(a) and shall not be increased as a result of
service performed during that employment;
ø(B) retirement deductions shall not be
withheld from such individual’s pay; and
ø(C) such individual’s pay shall not be
subject to any deduction based on the portion
of such individual’s annuity which is allocable
to the period of employment.
ø(2) OTHER FEDERAL RETIREES.—The Presi-
dent shall apply the provisions of paragraph (1) to
individuals who are receiving an annuity described in
subsection (a)(2) and who are employed under sub-
section (a) in the same manner and to the same ex-
tent as such provisions apply to individuals who are
receiving an annuity described in subsection (a)(1)
and who are employed under subsection (a).
ø(3) RETIRED
OFFICERS
OF
THE
UNIFORM
SERVICES.—The retired or retainer pay of a retired
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Title III, Subtitle D
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officer of a regular component of a uniformed serv-
ice shall not be reduced under section 5532 of title
5, United States Code, by reason of temporary em-
ployment authorized under subsection (a).¿
SEC. ø357.¿ ø356.¿ ENHANCED PENALTIES FOR FAILURE TO
DEPART, ILLEGAL REENTRY, AND PASSPORT
AND VISA FRAUD.
(a) FAILING TO DEPART.—The United States Sen-
tencing Commission shall promptly promulgate, pursuant
to section 994 of title 28, United States Code, amend-
ments to the sentencing guidelines to make appropriate
increases in the base offense level for offenses under sec-
tion 242(e) and 276(b) of the Immigration and National-
ity Act (8 U.S.C. 1252(e) and 1326(b)) to reflect the
amendments made by section 130001 of the Violent Crime
Control and Law Enforcement Act of 1994.
(b) PASSPORT AND VISA OFFENSES.—The United
States Sentencing Commission shall promptly promulgate,
pursuant to section 994 of title 28, United States Code,
amendments to the sentencing guidelines to make appro-
priate increases in the base offense level for offenses under
chapter 75 of title 18, United States Code to reflect the
amendments made by section 130009 of the Violent Crime
Control and Law Enforcement Act of 1994.
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SEC. ø358.¿ ø357.¿ AUTHORIZATION OF ADDITIONAL FUNDS
FOR REMOVAL OF ALIENS.
In addition to the amounts otherwise authorized to
be appropriated for each fiscal year beginning with fiscal
year 1996, there are authorized to be appropriated to the
Attorney General $150,000,000 for costs associated with
the removal of inadmissible or deportable aliens, including
costs of detention of such aliens pending their removal,
the hiring of more investigators, and the hiring of more
detention and deportation officers.
SEC. ø359.¿ ø358.¿ APPLICATION OF ADDITIONAL CIVIL PEN-
ALTIES TO ENFORCEMENT.
(a) IN GENERAL.—Subsection (b) of section 280 (8
U.S.C. 1330(b)) is amended to read as follows:
‘‘(b)(1) There is established in the general fund of
the Treasury a separate account which shall be known as
the ‘Immigration Enforcement Account’. Notwithstanding
any other section of this title, there shall be deposited as
offsetting receipts into the Immigration Enforcement Ac-
count amounts described in paragraph (2) to remain avail-
able until expended.
‘‘(2) The amounts described in this paragraph are the
following:
‘‘(A) The increase in penalties collected result-
ing from the amendments made by sections 203(b)
and 543(a) of the Immigration Act of 1990.
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Title III, Subtitle D
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‘‘(B) Civil penalties collected under sections
240B(d), 274C, 274D, and 275(b).
‘‘(3)(A) The Secretary of the Treasury shall refund
out of the Immigration Enforcement Account to any ap-
propriation the amount paid out of such appropriation for
expenses incurred by the Attorney General for activities
that enhance enforcement of provisions of this title, in-
cluding—
‘‘(i) the identification, investigation, apprehen-
sion, detention, and removal of criminal aliens;
‘‘(ii) the maintenance and updating of a system
to identify and track criminal aliens, deportable
aliens, inadmissible aliens, and alien illegally enter-
ing the United States; and
‘‘(iii) for the repair, maintenance, or construc-
tion on the United States border, in areas experienc-
ing high levels of apprehensions of illegal aliens, of
structures to deter illegal entry into the United
States.
‘‘(B) The amounts which are required to be refunded
under subparagraph (A) shall be refunded at least quar-
terly on the basis of estimates made by the Attorney Gen-
eral of the expenses referred to in subparagraph (A).
Proper adjustments shall be made in the amounts subse-
quently refunded under subparagraph (A) to the extent
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Title III, Subtitle D
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prior estimates were in excess of, or less than, the amount
required to be refunded under subparagraph (A).’’.
(b) IMMIGRATION USER FEE ACCOUNT.—Section
286(h)(1)(B) (8 U.S.C. 1356(h)(1)(B)) is amended by
striking ‘‘271’’ and inserting ‘‘243(c), 271,’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to fines and penalties collected on
or after the date of the enactment of this Act.
SEC. ø360.¿ ø359.¿ PRISONER TRANSFER TREATIES.
(a) NEGOTIATION.—Congress advises the President
to begin to negotiate and renegotiate, not later than 90
days after the date of the enactment of this Act, bilateral
prisoner transfer treaties. The focus of such negotiations
shall be—
(1) to expedite the transfer of aliens unlawfully
in the United States who are (or are about to be)
incarcerated in United States prisons,
(2) to ensure that a transferred prisoner serves
the balance of the sentence imposed by the United
States courts, and
(3) to eliminate any requirement of prisoner
consent to such a transfer.
In entering into such negotiations, the President may con-
sider providing for appropriate compensation in cases
where the United States is able to independently verify
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Title III, Subtitle D
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the adequacy of the sites where aliens will be imprisoned
under such a treaty.
(b) CERTIFICATION.—The President shall submit to
the Congress, annually, a certification as to whether each
prisoner transfer treaty in force is effective in returning
aliens unlawfully in the United States who have committed
offenses for which they are incarcerated in the United
States to their country of nationality for further incarcer-
ation.
SEC. ø361.¿ ø360.¿ CRIMINAL ALIEN IDENTIFICATION SYS-
TEM.
Subsection (a) of section 130002 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law
103–312) is amended to read as follows:
‘‘(a) OPERATION AND PURPOSE.—The Commissioner
of Immigration and Naturalization shall, under the au-
thority of section 242(a)(3)(A) of the Immigration and
Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a crimi-
nal alien identification system. The criminal alien identi-
fication system shall be used to assist Federal, State, and
local law enforcement agencies in identifying and locating
aliens who may be subject to removal by reason of their
conviction of aggravated felonies, subject to prosecution
under section 275 of such Act, not lawfully present in the
United States, or otherwise removable. Such system shall
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Title III, Subtitle D
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include providing for recording of fingerprint records of
aliens who have been previously arrested and removed into
appropriate
automated
fingerprint
identification
sys-
tems.’’.
SEC. ø362.¿ ø361.¿ WAIVER OF EXCLUSION AND DEPORTA-
TION GROUND FOR CERTAIN SECTION 274C
VIOLATORS.
(a) EXCLUSION GROUNDS.—Section 212 (8 U.S.C.
1182) is amended—
(1) by amending subparagraph (F) of sub-
section (a)(6) to read as follows:
‘‘(F) SUBJECT OF CIVIL PENALTY.—
‘‘(i) IN
GENERAL.—An alien who is the
subject of a final order for violation of section
274C is inadmissible.
‘‘(ii) WAIVER AUTHORIZED.—For provision
authorizing waiver of clause (i), see subsection
(d)(12).’’; and
(2) by adding at the end of subsection (d) the
following new paragraph:
‘‘(12) The Attorney General may, in the discretion
of the Attorney General for humanitarian purposes, to as-
sure family unity, or when it is otherwise in the public
interest, waive application of clause (i) of subsection
(a)(6)(F)—
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Title III, Subtitle D
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‘‘(A) in the case of an alien lawfully admitted
for permanent residence who temporarily proceeded
abroad voluntarily and not under an order of depor-
tation and who is otherwise admissible to the United
States as a returning resident under section 211(b),
and
‘‘(B) in the case of an alien seeking admission
or adjustment of status under section 201(b)(2)(A)
or under section 203(a),
if the violation under section 274C was committed solely
to assist, aid, or support the alien’s spouse, parent, son,
or daughter (and not another individual).’’.
(b) GROUND OF DEPORTATION.—Subparagraph (C)
of section 241(a)(3) (8 U.S.C. 1251(a)(3)), before redesig-
nation by section 305(a)(2), is amended to read as follows:
‘‘(C) DOCUMENT FRAUD.—
‘‘(i) IN GENERAL.—An alien who is
the subject of a final order for violation of
section 274C is deportable.
‘‘(ii) WAIVER AUTHORIZED.—The At-
torney General may waive clause (i) in the
case of an alien lawfully admitted for per-
manent residence if the alien’s civil money
penalty under section 274C was incurred
solely to assist, aid, or support the alien’s
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spouse, parent, son, or daughter (and no
other individual).’’.
SEC. ø363.¿ ø362.¿ AUTHORIZING REGISTRATION OF ALIENS
ON CRIMINAL PROBATION OR CRIMINAL PA-
ROLE.
Section 263(a) (8 U.S.C. 1303(a)) is amended by
striking ‘‘and (5)’’ and inserting ‘‘(5) aliens who are or
have been on criminal probation or criminal parole within
the United States, and (6)’’.
TITLE
IV—ENFORCEMENT
OF
RESTRICTIONS AGAINST EM-
PLOYMENT
SEC.
401.
STRENGTHENED
ENFORCEMENT
OF
THE
EM-
PLOYER SANCTIONS PROVISIONS.
(a) IN GENERAL.—The number of full-time equiva-
lent positions in the Investigations Division within the Im-
migration and Naturalization Service of the Department
of Justice beginning in fiscal year 1996 shall be increased
by 350 positions above the number of full-time equivalent
positions available to such Division as of September 30,
1994.
(b) ASSIGNMENT.—Individuals employed to fill the
additional positions described in subsection (a) shall be as-
signed to investigate violations of the employer sanctions
provisions contained in section 274A of the Immigration
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Title IV
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and Nationality Act, including investigating reports of vio-
lations received from officers of the Employment Stand-
ards Administration of the Department of Labor.
SEC. 402. STRENGTHENED ENFORCEMENT OF WAGE AND
HOUR LAWS.
(a) IN GENERAL.—The number of full-time equiva-
lent positions in the Wage and Hour Division with the
Employment Standards Administration of the Department
of Labor beginning in fiscal year 1996 shall be increased
by 150 positions above the number of full-time equivalent
positions available to the Wage and Hour Division as of
September 30, 1994.
(b) ASSIGNMENT.—Individuals employed to fill the
additional positions described in subsection (a) shall be as-
signed to investigate violations of wage and hour laws in
areas where the Attorney General has notified the Sec-
retary of Labor that there are high concentrations of un-
documented aliens.
SEC. 403. CHANGES IN THE EMPLOYER SANCTIONS PRO-
GRAM.
(a) REDUCING THE NUMBER OF DOCUMENTS AC-
CEPTED
FOR
EMPLOYMENT
VERIFICATION.—Section
274A(b) (8 U.S.C. 1324a(b)) is amended—
(1) in paragraph (1)(B)—
(A) by adding ‘‘or’’ at the end of clause (i),
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(B) by striking clauses (ii) through (iv),
and
(C) in clause (v), by striking ‘‘or other
alien registration card, if the card’’ and insert-
ing ‘‘, alien registration card, or other docu-
ment designated by regulation by the Attorney
General, if the document’’ and redesignating
such clause as clause (ii);
(2) by amending subparagraph (C) of para-
graph (1) to read as follows:
‘‘(C) SOCIAL SECURITY ACCOUNT NUMBER
CARD AS EVIDENCE OF EMPLOYMENT AUTHOR-
IZATION.—A document described in this sub-
paragraph is an individual’s social security ac-
count number card (other than such a card
which specifies on the face that the issuance of
the card does not authorize employment in the
United States).’’; and
(3) by amending paragraph (2) to read as fol-
lows:
‘‘(2) INDIVIDUAL
ATTESTATION
OF
EMPLOY-
MENT AUTHORIZATION AND PROVISION OF SOCIAL
SECURITY
ACCOUNT
NUMBER.—The
individual
must—
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Title IV
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‘‘(A) attest, under penalty of perjury on
the form designated or established for purposes
of paragraph (1), that the individual is a citizen
or national of the United States, an alien law-
fully admitted for permanent residence, or an
alien who is authorized under this Act or by the
Attorney General to be hired, recruited, or re-
ferred for such employment; and
‘‘(B) provide on such form the individual’s
social security account number.’’.
(b)
EMPLOYMENT
ELIGIBILITY
CONFIRMATION
PROCESS.—Section 274A (8 U.S.C. 1324a) is amended—
(1) in subsection (a)(3), by inserting ‘‘(A)’’
after ‘‘DEFENSE.—’’, and by adding at the end the
following:
‘‘(B) FAILURE
TO
SEEK
AND
OBTAIN
CON-
FIRMATION.—In the case of a hiring of an individual
for employment in the United States, if such a per-
son or entity—
‘‘(i) has not made an inquiry, under the
mechanism established under subsection (b)(6),
seeking confirmation of the identity, social secu-
rity number, and work eligibility of the individ-
ual, by not later than the end of 2 working days
(as specified by the Attorney General) after the
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date of the hiring, the defense under subpara-
graph (A) shall not be considered to apply with
respect to any employment after such 2 working
days, and
‘‘(ii) has made the inquiry described in
clause (i) but has not received an appropriate
confirmation of such identity, number, and
work eligibility under such mechanism within
the
time
period
specified
under
subsection
(b)(6)(D)(iii) after the time the confirmation
inquiry was received, the defense under sub-
paragraph (A) shall not be considered to apply
with respect to any employment after the end of
such time period.’’;
(2) by amending paragraph (3) of subsection
(b) to read as follows:
‘‘(3) RETENTION OF VERIFICATION FORM AND
CONFIRMATION.—After completion of such form in
accordance with paragraphs (1) and (2), the person
or entity must—
‘‘(A) retain the form and make it available
for inspection by officers of the Service, the
Special Counsel for Immigration-Related Unfair
Employment Practices, or the Department of
Labor during a period beginning on the date of
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the hiring, recruiting, or referral of the individ-
ual and ending—
‘‘(i) in the case of the recruiting or re-
ferral for a fee (without hiring) of an indi-
vidual, three years after the date of the re-
cruiting or referral, and
‘‘(ii) in the case of the hiring of an in-
dividual—
‘‘(I) three years after the date of
such hiring, or
‘‘(II) one year after the date the
individual’s employment is terminated,
whichever is later; and
‘‘(B) for individuals hired on or after Octo-
ber 1, 1999 (or, in a State with respect to
which a pilot program described in section
403(e)(2)(B) of the Immigration in the Na-
tional Interest Act of 1995 is in effect, on or
after such earlier date as the Attorney General
specifies), seek (within 2 working days of the
date of hiring) and have (within the time period
specified under paragraph (6)(D)(iii)) the iden-
tity, social security number, and work eligibility
of the individual confirmed in accordance with
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the
procedures
established
under
paragraph
(6).’’; and
(3) by adding at the end of subsection (b) the
following new paragraph:
‘‘(6) EMPLOYMENT ELIGIBILITY CONFIRMATION
PROCESS.—
‘‘(A) IN GENERAL.—The Attorney General
shall
establish
a
confirmation
mechanism
through which the Attorney General (or a des-
ignee of the Attorney General)—
‘‘(i) responds to inquiries by employ-
ers, made through a toll-free telephone line
or other electronic media in the form of an
appropriate confirmation code or other-
wise, on whether an individual is author-
ized to be employed by that employer, and
‘‘(ii) maintains a record that such an
inquiry was made and the confirmation
provided (or not provided).
‘‘(B) EXPEDITED PROCEDURE IN CASE OF
NO
CONFIRMATION.—In connection with sub-
paragraph (A), the Attorney General shall es-
tablish, in consultation with the Commissioner
of Social Security and the Commissioner of the
Service, expedited procedures that shall be used
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to confirm the validity of information used
under the confirmation mechanism in cases in
which the confirmation is sought but is not pro-
vided through the confirmation mechanism.
‘‘(C) DESIGN AND OPERATION OF MECHA-
NISM.—The confirmation mechanism shall be
designed and operated to maximize—
‘‘(i) the reliability of the confirmation
process, and
‘‘(ii) the ease of use by employers, re-
cruiters, and referrers,
consistent with insulating and protecting the
privacy and security of the underlying informa-
tion.
‘‘(D)
CONFIRMATION
PROCESS.—(i)
As
part of the confirmation mechanism, the Com-
missioner of Social Security shall establish a re-
liable, secure method, which within the time pe-
riod specified under clause (iii), compares the
name and social security account number pro-
vided against such information maintained by
the Commissioner in order to confirm (or not
confirm) the validity of the information pro-
vided and whether the account number indi-
cates that the individual is authorized to be em-
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ployed in the United States. The Commissioner
shall not disclose or release social security infor-
mation.
‘‘(ii) As part of the confirmation mecha-
nism, the Commissioner of the Service shall es-
tablish a reliable, secure method, which, within
the time period specified under clause (iii),
compares the name and alien identification
number (if any) provided against such informa-
tion maintained by the Commissioner in order
to confirm (or not confirm) the validity of the
information provided and whether the alien is
authorized to be employed in the United States.
‘‘(iii) For purposes of this section, the At-
torney General shall specify, in consultation
with the Commissioner of Social Security and
the Commissioner of the Service, an expedited
time period within which confirmation is to be
provided through the confirmation mechanism.
‘‘(iv) The Commissioners shall update their
information in a manner that promotes the
maximum accuracy and shall provide a process
for the prompt correction of erroneous informa-
tion.
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‘‘(E) PROTECTIONS.—(i) In no case shall
an individual be denied employment because of
inaccurate or inaccessible data under the con-
firmation mechanism.
‘‘(ii) The Attorney General shall assure
that there is a timely and accessible process to
challenge nonconfirmations made through the
mechanism.
‘‘(F) TESTER PROGRAM.—As part of the
confirmation mechanism, the Attorney General
shall implement a program of testers and inves-
tigative activities (similar to testing and other
investigative activities assisted under the fair
housing initiatives program under section 561
of the Housing and Community Development
Act of 1987 to enforce rights under the Fair
Housing Act) in order to monitor and prevent
unlawful discrimination under the mechanism.’’.
(c) REDUCTION OF PAPERWORK FOR CERTAIN EM-
PLOYEES.—Section
274A(a)
(8
U.S.C.
1324a(a))
is
amended by adding at the end the following new para-
graph:
‘‘(6) TREATMENT
OF
DOCUMENTATION
FOR
CERTAIN EMPLOYEES.—
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‘‘(A) IN GENERAL.—For purposes of para-
graphs (1)(B) and (3), if—
‘‘(i) an individual is a member of a
collective-bargaining unit and is employed,
under a collective bargaining agreement
entered into between one or more employee
organizations and an association of two or
more employers, by an employer that is a
member of such association, and
‘‘(ii) within the period specified in
subparagraph (B), another employer that
is a member of the association (or an
agent of such association on behalf of the
employer) has complied with the require-
ments of subsection (b) with respect to the
employment of the individual,
the subsequent employer shall be deemed to
have complied with the requirements of sub-
section (b) with respect to the hiring of the em-
ployee and shall not be liable for civil penalties
described in subsection (e)(5).
‘‘(B) PERIOD.—The period described in
this subparagraph is—
‘‘(i) up to 5 years in the case of an in-
dividual who has presented documentation
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identifying the individual as a national of
the United States or as an alien lawfully
admitted for permanent residence; or
‘‘(ii) up to 3 years (or, if less, the pe-
riod of time that the individual is author-
ized to be employed in the United States)
in the case of another individual.
‘‘(C) LIABILITY.—
‘‘(i) IN
GENERAL.—If any employer
that is a member of an association hires
for employment in the United States an in-
dividual and relies upon the provisions of
subparagraph (A) to comply with the re-
quirements of subsection (b) and the indi-
vidual is an unauthorized alien, then for
the purposes of paragraph (1)(A), subject
to clause (ii), the employer shall be pre-
sumed to have known at the time of hiring
or afterward that the individual was an un-
authorized alien.
‘‘(ii) REBUTTAL OF PRESUMPTION.—
The presumption established by clause (i)
may be rebutted by the employer only
through the presentation of clear and con-
vincing evidence that the employer did not
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know
(and
could
not
reasonably
have
known) that the individual at the time of
hiring or afterward was an unauthorized
alien.’’.
(d) ELIMINATION OF DATED PROVISIONS.—Section
274A (8 U.S.C. 1324a) is amended by striking subsections
(i) through (n).
(e) EFFECTIVE DATES.—
(1) Except as provided in this subsection, the
amendments made by this section shall apply with
respect to hiring (or recruiting or referring) occur-
ring on or after such date (not later than 180 days
after the date of the enactment of this Act) as the
Attorney General shall designate.
(2)(A) The Attorney General shall establish the
employment eligibility confirmation mechanism (de-
scribed in section 274A(b)(6) of the Immigration
and Nationality Act, as added by subsection (b)) by
not later than October 1, 1999.
(B) Before establishing the mechanism, the At-
torney General shall undertake such pilot projects
for all employers, in at least 5 of the 7 States with
the highest estimated population of unauthorized
aliens, as will test and assure that the mechanism
implemented is reliable and easy to use. Such
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projects shall be initiated not later than 6 months
after the date of the enactment of this Act.
(C) The Attorney General shall submit to the
Congress, beginning in 1997, annual reports on the
development and implementation of the mechanism.
(3) The amendment made by subsection (c)
shall apply to individuals hired on or after 60 days
after the date of the enactment of this Act.
(4) The amendment made by subsection (d)
shall take effect on the date of the enactment of this
Act.
SEC. 404. REPORTS ON EARNINGS OF ALIENS NOT AUTHOR-
IZED TO WORK.
Subsection (c) of section 290 (8 U.S.C. 1360) is
amended to read as follows:
‘‘(c)(1) Not later than 3 months after the end of each
fiscal year (beginning with fiscal year 1995), the Commis-
sioner of Social Security shall report to the Committees
on the Judiciary of the House of Representatives and the
Senate on the aggregate number of social security account
numbers issued to aliens not authorized to be employed
to which earnings were reported to the Social Security Ad-
ministration in such fiscal year.
‘‘(2) If earnings are reported on or after January 1,
1996, to the Social Security Administration on a social
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security account number issued to an alien not authorized
to work in the United States, the Commissioner of Social
Security shall provide the Attorney General with informa-
tion regarding the name and address of the alien, the
name and address of the person reporting the earnings,
and the amount of the earnings. The information shall be
provided in an electronic form agreed upon by the Com-
missioner and the Attorney General.’’.
SEC. 405. AUTHORIZING MAINTENANCE OF CERTAIN IN-
FORMATION ON ALIENS.
Section 264 (8 U.S.C. 1304) is amended by adding
at the end the following new subsection:
‘‘(f) Notwithstanding any other provision of law, the
Attorney General is authorized to require any alien to pro-
vide the alien’s social security account number for pur-
poses of inclusion in any record of the alien maintained
by the Attorney General or the Service.’’.
SEC. 406. LIMITING LIABILITY FOR CERTAIN TECHNICAL
VIOLATIONS
OF
PAPERWORK
REQUIRE-
MENTS.
(a) IN GENERAL.—Section 274A(e)(1) (8 U.S.C.
1324a(e)(1)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (C),
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(2) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘, and’’, and
(3) by adding at the end the following new sub-
paragraph:
‘‘(E) under which a person or entity shall
not be considered to have failed to comply with
the requirements of subsection (b) based upon
a technical or procedural failure to meet a re-
quirement of such subsection in which there
was a good faith attempt to comply with the re-
quirement unless (i) the Service (or another en-
forcement agency) has explained to the person
or entity the basis for the failure, (ii) the per-
son or entity has been provided a period of not
less than 10 business days (beginning after the
date of the explanation) within which to correct
the failure, and (iii) the person or entity has
not corrected the failure voluntarily within such
period, except that this subparagraph shall not
apply with respect to the engaging by any per-
son or entity of a pattern or practice of viola-
tions of subsection (a)(1)(A) or (a)(2).’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to failures occurring on or after
the date of the enactment of this Act.
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SEC. 407. REMEDIES IN UNFAIR IMMIGRATION-RELATED
DISCRIMINATION ORDERS.
(a)
REQUIRING
CERTAIN
REMEDIES.—Section
274B(g)(2) (8 U.S.C. 1324b(g)(2)) is amended—
(1) in subparagraph (A), by adding at the end
the following: ‘‘Such order also shall require the per-
son or entity to comply with the requirements of
clauses (ii) and (vi) of subparagraph (B).’’;
(2) in subparagraph (B), by striking ‘‘Such an
order’’ and inserting ‘‘Subject to the second sentence
of subparagraph (A), such an order’’; and
(3) in subparagraph (B)(vi), by inserting before
the semicolon at the end the following: ‘‘and to cer-
tify the fact of such education’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to orders issued on or after the
first day of the first month beginning at least 90 days
after the date of the enactment of this Act.
TITLE V—REFORM OF LEGAL
IMMIGRATION SYSTEM
SEC. 500. OVERVIEW OF NEW LEGAL IMMIGRATION SYS-
TEM.
This title amends the legal immigration provisions of
the Immigration and Nationality Act so as to provide for
the following (beginning with fiscal year 1997):
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Title V
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(1) DIVISION OF IMMIGRATION AMONG 3 CAT-
EGORIES.—There will be a worldwide level of immi-
gration of approximately 535,000, divided among—
(A) family-sponsored immigrants, with a
worldwide annual numerical limitation (after a
transition) of approximately 330,000,
(B) employment-based immigrants, with a
worldwide
annual
numerical
limitation
of
135,000, and
(C)
humanitarian
immigrants,
with
a
worldwide annual numerical limitation (after a
transition) of approximately 70,000.
Congress is required to reevaluate and reauthorize
these numbers every 5 years.
(2) FAMILY-SPONSORED IMMIGRANTS.—
(A) CATEGORIES.—Family-sponsored im-
migrants are (i) spouses and children of citi-
zens, (ii) spouses and children of permanent
resident aliens, and (iii) parents of adult United
States citizens if a majority of the sons and
daughters of the parents are in the United
States and the parents meet certain insurance
requirements.
(B) NUMERICAL LIMITATIONS.—
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(i) There will be no direct numerical
limit on admission of spouses and children
of United States citizens.
(ii) The annual numerical limit on ad-
mission of spouses and children of perma-
nent residents will be below 85,000.
(3)
EMPLOYMENT-BASED
IMMIGRANTS.—Em-
ployment-based immigrants will fall within the fol-
lowing categories and numerical limitations:
(A) EXTRAORDINARY IMMIGRANTS.—First,
aliens with extraordinary ability, up to 15,000
each year.
(B)
VERY
HIGHLY
SKILLED
IMMI-
GRANTS.—Second, aliens with exceptional abil-
ity, who are members of the professions holding
advanced degrees, or who are multinational ex-
ecutives and managers, up to 60,000 each year,
plus any left from the previous category.
(C) OTHER PROFESSIONALS AND SKILLED
WORKERS.—Third, aliens who are either other
professionals with a baccalaureate degree and
at least 5 years’ experience or skilled workers
with at least 7 years of training and work expe-
rience, up to 45,000 each year, plus any left
from the previous category.
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(D) INVESTORS.—Fourth, aliens who are
investing at least $1,000,000 in enterprises in
the United States that will employ at least 10
workers, up to 10,000 each year (with a 2-year
pilot
program
for
those
investing
at
least
$500,000 in enterprises employing at least 5
workers).
(E)
CERTAIN
SPECIAL
IMMIGRANTS.—
Lastly, aliens who fall within certain classes of
special immigrants (such as religious ministers,
aliens who have worked for the Government
abroad, certain long-term alien employees of
international organizations, certain dependent
juveniles, and certain long-term alien members
of the Armed Forces), up to 5,000 each year.
(4)
HUMANITARIAN
IMMIGRANTS.—Humani-
tarian immigrants will fall within the following cat-
egories and numerical limitations:
(A) REFUGEES.—Refugees, subject to a
numerical limitation (after a transition and ex-
cluding emergency refugees) of 50,000 or such
higher number as the Congress may provide by
law.
(B)
ASYLEES.—Aliens
seeking
asylum,
subject to no numerical limitation in any year.
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As under current law, asylees may adjust to
permanent residence status at a rate of up to
10,000 each year.
(C)
OTHER
HUMANITARIAN
IMMI-
GRANTS.—Other immigrants who are of special
humanitarian concern to the United States, up
to 10,000 each year.
(5) TRANSITION.—
(A)
ADDITIONAL
VISA
NUMBERS
FOR
SPOUSES
AND
MINOR,
UNMARRIED
CHILDREN
OF PERMANENT RESIDENT ALIENS.—In order
to reduce the current backlog for spouses and
minor, unmarried children of lawful permanent
residents, there will be at least an additional
50,000 immigrant visa numbers made available
for these aliens for each of 5 fiscal years, with
priority for spouses and children of aliens who
did not participate in a legalization program.
(B) PHASE-DOWN IN NORMAL FLOW REFU-
GEE NUMERICAL LIMITATION.—The annual nu-
merical limitation on non-emergency refugees
(without specific approval of Congress) will be
phased down to 75,000 in fiscal year 1997 and
50,000 in fiscal year 1998 and thereafter.
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Title V, Subtitle A
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Subtitle A—Worldwide Numerical
Limits
SEC. 501. WORLDWIDE NUMERICAL LIMITATION ON FAM-
ILY-SPONSORED IMMIGRANTS.
(a) OVERVIEW.—
(1) The amendment made by subsection (b)
provides for a worldwide level of family-sponsored
immigrants of 330,000 less the number of spouses
and children of citizens admitted in the previous
year.
(2) However, there will be no limit on spouses
and children of citizens nor would the number of
visas available to spouses and children of lawful per-
manent residents go below 85,000.
(3) Any excess in family immigration above
330,000 would come from other unused visas and, if
necessary, from future visa numbers.
(4) If there are any unused family visas, those
visas would be added to the spouses and children of
lawful permanent resident aliens.
(b) AMENDMENT.—Subsection (c) of section 201 (8
U.S.C. 1151) is amended to read as follows:
‘‘(c) WORLDWIDE LEVEL
OF FAMILY-SPONSORED
IMMIGRANTS.—
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Title V, Subtitle A
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‘‘(1) IN GENERAL.—Subject to the succeeding
provisions of this subsection, the worldwide level of
family-sponsored immigrants under this subsection
(in this subsection referred to as the ‘worldwide fam-
ily level’) for a fiscal year is 330,000.
‘‘(2) REDUCTION FOR SPOUSES AND CHILDREN
OF UNITED STATES CITIZENS AND CERTAIN OTHER
FAMILY-RELATED
IMMIGRANTS.—The
worldwide
family level for a fiscal year shall be reduced (but
not below 85,000) by the number of aliens described
in subsection (b)(2) who were issued immigrant
visas or who otherwise acquired the status of aliens
lawfully admitted to the United States for perma-
nent residence in the previous fiscal year.
‘‘(3) FURTHER REDUCTION FOR ANY PREVIOUS
EXCESS FAMILY IMMIGRATION.—
‘‘(A) IN
GENERAL.—If there are excess
family admissions in a particular fiscal year (as
determined under subparagraph (B)) beginning
with fiscal year 1997, then for the following fis-
cal year the worldwide family level shall be re-
duced (but not below 85,000) by the net num-
ber of excess admissions in that particular fiscal
year (as defined in subparagraph (C)).
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Title V, Subtitle A
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‘‘(B) DETERMINATION OF EXCESS FAMILY
ADMISSIONS.—For purposes of subparagraph
(A), there are excess family admissions in a fis-
cal year if—
‘‘(i) the number of aliens who are is-
sued immigrant visas or who otherwise ac-
quire the status of aliens lawfully admitted
to the United States for permanent resi-
dence under section 203(a) or subsection
(b)(2) in a fiscal year, exceeds
‘‘(ii) 330,000, less the carryforward
number of excess admissions computed for
the previous fiscal year (as defined in sub-
paragraph (D)).
For purposes of this subparagraph, immigrant
visa numbers issued under section 553 of the
Immigration in the National Interest Act of
1995 (relating to certain transition immigrants)
shall not be counted under clause (i).
‘‘(C) NET
NUMBER
OF
EXCESS
ADMIS-
SIONS.—For purposes of subparagraph (A), the
‘net number of excess admissions’ for a fiscal
year is—
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Title V, Subtitle A
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‘‘(i) the excess described in subpara-
graph (B) for the fiscal year, reduced (but
not below zero) by
‘‘(ii) the number (if any) by which the
worldwide level under subsection (d) for
the previous fiscal year exceeds the number
of immigrants who are issued immigrant
visas or who otherwise acquire the status
of aliens lawfully admitted to the United
States for permanent residence under sec-
tion 203(b) in that previous fiscal year.
‘‘(D) CARRYFORWARD NUMBER OF EXCESS
ADMISSIONS.—For purposes of subparagraph
(B)(ii), the carryforward number of excess ad-
missions for a particular fiscal year is the net
number of excess admissions for the previous
fiscal year (as defined in subparagraph (C)), re-
duced by the reductions effected under subpara-
graph (A) and paragraph (4) in visa numbers
for the particular fiscal year.
‘‘(4) ADJUSTMENT IN CERTAIN EMPLOYMENT-
BASED VISA NUMBERS IN CASE OF REMAINING EX-
CESS FAMILY ADMISSIONS.—
‘‘(A) IN GENERAL.—If there is a remain-
ing excess number of family admissions (as de-
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Title V, Subtitle A
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scribed in subparagraph (B)) in a fiscal year
(beginning with fiscal year 1997) that is great-
er than zero, then for the following fiscal year
there shall be reductions in immigrant visa
numbers made available, pursuant to subsection
(d) and paragraphs (3) and (4) of section
203(b), as follows:
‘‘(i) FIRST, ADJUSTMENT OF UP TO 1⁄2
OF NUMBERS OF VISAS FOR INVESTORS.—
First, the number of immigrant visa num-
bers
made
available
under
section
203(b)(4) shall be reduced by the lesser
of—
‘‘(I) the remaining excess number
of
family
admissions
(described
in
subparagraph (B)), or
‘‘(II) 1⁄2 of the maximum number
of visa numbers that could (but for
this paragraph) otherwise be made
available under section 203(b)(4) in
such following fiscal year.
‘‘(ii) THEN, ADJUSTMENT OF UP TO
1⁄2 OF NUMBERS OF VISAS FOR PROFES-
SIONALS AND SKILLED WORKERS.—If the
remaining excess number of family admis-
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sions is greater than the reduction in visa
numbers effected under clause (i), then the
number of immigrant visa numbers made
available under section 203(b)(3) shall be
reduced by the lesser of—
‘‘(I) the remaining excess number
of
family
admissions
(described
in
subparagraph (B)) less the reduction
in visa numbers effected under clause
(i), or
‘‘(II) 1⁄2 of the maximum number
of visa numbers that could (but for
this paragraph) otherwise be made
available under section 203(b)(3) in
such following fiscal year.
‘‘(B)
REMAINING
EXCESS
NUMBER
OF
FAMILY
ADMISSIONS
DESCRIBED.—For
pur-
poses of subparagraph (A), the remaining ex-
cess number of family admissions in a fiscal
year is the net number of excess admissions for
the fiscal year (as defined in paragraph (3)(C)),
reduced by the reduction (if any) effected under
paragraph (3) in visa numbers for the succeed-
ing fiscal year.’’.
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Title V, Subtitle A
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SEC. 502. WORLDWIDE NUMERICAL LIMITATION ON EM-
PLOYMENT-BASED IMMIGRANTS.
Subsection (d) of section 201 (8 U.S.C. 1151) is
amended to read as follows:
‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED
IMMIGRANTS.—The worldwide level of employment-based
immigrants under this subsection for a fiscal year is—
‘‘(1) 135,000, minus
‘‘(2) beginning with fiscal year 1998, the total
of the reductions (if any) in visa numbers made
under subsection (c)(4) for that fiscal year.’’.
SEC. 503. ESTABLISHMENT OF NUMERICAL LIMITATION ON
HUMANITARIAN IMMIGRANTS.
(a) IN GENERAL.—Section 201 (8 U.S.C. 1151) is
amended—
(1) in subsection (a)(3), by striking ‘‘1995, di-
versity’’ and inserting ‘‘1997, humanitarian’’, and
(2) by amending subsection (e) to read as fol-
lows:
‘‘(e) WORLDWIDE LEVEL OF HUMANITARIAN IMMI-
GRANTS.—
‘‘(1) IN GENERAL.—Subject to the succeeding
provisions of this subsection, the worldwide level of
humanitarian immigrants is equal to 70,000 for
each fiscal year.
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Title V, Subtitle A
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‘‘(2) REDUCTION
FOR
HUMANITARIAN
IMMI-
GRANTS WHO ARE REFUGEES OR ASYLEES.—Such
worldwide level for a fiscal year under paragraph (1)
shall be reduced by the sum of—
‘‘(A) 50,000, or, if less, the number of
aliens who were admitted as refugees under sec-
tion 207 in the previous fiscal year, and
‘‘(B) the number of aliens who had been
granted asylum whose status was adjusted in
the previous fiscal year under section 209(b).
‘‘(3) REDUCTION FOR PRIOR YEAR CANCELLA-
TION OF REMOVAL AND REGISTRY.—Such worldwide
level for a fiscal year under paragraph (1) shall be
further reduced by the sum of—
‘‘(A) the number of aliens whose removal
was canceled and who were provided lawful per-
manent resident status in the previous fiscal
year under section 240A, and
‘‘(B) the number of aliens who were pro-
vided permanent resident status in the previous
fiscal year under section 249.
‘‘(4) LIMITATION.—In no case shall the world-
wide level for a fiscal year under this subsection
(taking into account any reductions under para-
graphs (2) and (3)) exceed 10,000.’’.
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SEC. 504. REQUIRING CONGRESSIONAL REVIEW AND REAU-
THORIZATION
OF
WORLDWIDE
LEVELS
EVERY 5 YEARS.
Section 201 (8 U.S.C. 1151) is amended by adding
at the end the following new subsection:
‘‘(f) REQUIREMENT FOR PERIODIC REVIEW AND RE-
AUTHORIZATION OF WORLDWIDE LEVELS.—
‘‘(1) CONGRESSIONAL REVIEW.—The Commit-
tees on the Judiciary of the House of Representa-
tives and of the Senate shall undertake during fiscal
year 2004 (and each fifth fiscal year thereafter) a
thorough review of the appropriate worldwide levels
of immigration to be provided under this section
during the 5-fiscal-year period beginning with the
second subsequent fiscal year.
‘‘(2) CONGRESSIONAL REAUTHORIZATION.—The
Congress, after consideration of the reviews under
paragraph (1) and by law, shall specify the appro-
priate worldwide levels of immigration to be provided
under this section during the 5-fiscal-year period be-
ginning with the second subsequent fiscal year.
‘‘(3) SUNSET IN ABSENCE OF REAUTHORIZA-
TION.—The worldwide levels specified under the pre-
vious provisions of this section are applicable only to
fiscal years 1997 through 2005 and admissions after
fiscal year 2005 that are subject to such levels are
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Title V, Subtitle B
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only authorized to the extent provided by amend-
ment under paragraph (2) made to this section.’’.
Subtitle B—Changes in Preference
System
SEC.
511.
LIMITATION
OF
IMMEDIATE
RELATIVES
TO
SPOUSES AND CHILDREN.
(a) RECLASSIFICATION.—Section 201(b)(2)(A) (8
U.S.C. 1151(b)(2)(A)) is amended—
(1) in clause (i)—
(A)
by
striking
‘‘IMMEDIATE
RELA-
TIVES.—’’ and all that follows through the end
of the first sentence and inserting ‘‘An alien
who is a spouse or child of a citizen of the
United States.’’, and
(B) in the second sentence, by striking ‘‘an
immediate relative’’ and inserting ‘‘a spouse of
a citizen of the United States’’; and
(2) in clause (ii), by striking ‘‘an immediate rel-
ative’’ and inserting ‘‘a spouse of a citizen of the
United States’’.
(b) PROTECTION
OF CERTAIN CHILDREN
FROM
AGING OUT OF PREFERENCE STATUS.—
(1) IN GENERAL.—Section 204 (8 U.S.C. 1154)
is amended by adding at the end the following new
subsection:
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‘‘(i) For purposes of applying section 101(b)(1) in the
case of issuance of an immigrant visa to, or admission or
adjustment
of
status
of,
an
alien
under
section
201(b)(1)(A), section 203(a)(1), or 203(d) as a child of
a citizen of the United States or a permanent resident
alien, the age of the alien shall be determined as of the
date of the filing of the classification petition under sec-
tion 204(a)(1) as such a child of a citizen of the United
States or a permanent resident alien.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply to immigrant visas is-
sued on or after October 1, 1996.
SEC.
512.
CHANGE
IN
FAMILY-SPONSORED
CLASSIFICA-
TION.
(a)
IN
GENERAL.—Section
203(a)
(8
U.S.C.
1153(a)) is amended by striking paragraphs (1) through
(4) and inserting the following:
‘‘(1) SPOUSES AND CHILDREN OF LAWFUL PER-
MANENT RESIDENT ALIENS.—Immigrants who are
the spouses and children of an alien lawfully admit-
ted for permanent residence shall be allocated visas
in a number not to exceed 85,000, plus any immi-
grant visas not required for the class described in
paragraph (2).
‘‘(2) PARENTS OF UNITED STATES CITIZENS.—
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‘‘(A) IN GENERAL.—Immigrants who are
the qualifying parents (as defined in subpara-
graph (B)) of an individual who is at least 21
years of age and a citizen of the United States
shall be allocated visas in a number not to ex-
ceed the lesser of—
‘‘(i) 50,000, or
‘‘(ii) the number by which the world-
wide level exceeds 85,000.
‘‘(B) QUALIFICATIONS.—For purposes of
subparagraph (A), the term ‘qualifying parent’
means an immigrant with respect to whom, as
of the date of approval of the classification peti-
tion under section 204(a)(1), at least 50 per-
cent of the immigrant’s sons and daughters are
(i) nationals of the United States or aliens law-
fully admitted for permanent residence and (ii)
lawfully residing in the United States.
‘‘(C)
REFERENCE
TO
INSURANCE
RE-
QUIREMENT.—For requirement relating to in-
surance
for
qualifying
parents,
see
section
212(a)(4)(D).’’.
(b) INSURANCE REQUIREMENT.—Section 212(a)(4)
(8 U.S.C. 1182(a)(4)), as amended by section 621(a) of
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this Act, is amended by adding at the end the following
new subparagraph:
‘‘(D)
INSURANCE
REQUIREMENTS
FOR
QUALIFYING PARENTS.—
‘‘(i) IN
GENERAL.—Any alien who
seeks admission as a qualifying parent
under section 203(a)(2) is inadmissible un-
less the alien demonstrates at the time of
issuance of the visa (and at the time of ad-
mission) to the satisfaction of the consular
officer and the Attorney General that the
alien—
‘‘(I) will have coverage under an
adequate health insurance policy (at
least comparable to coverage provided
under the medicare program under
title XVIII of the Social Security
Act), and
‘‘(II) will have coverage with re-
spect to long-term health needs (at
least
comparable
to
such
coverage
provided under the medicaid program
under title XIX of such Act for the
State in which either the alien intends
to reside or in which the petitioner
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(on behalf of the alien under section
204(a)(1)) resides,
throughout the period the individual is re-
siding in the United States.
‘‘(ii) FACTORS TO BE TAKEN INTO AC-
COUNT.—In making a determination under
clause (i), the Attorney General shall take
into account the age of the qualifying par-
ent and the likelihood of the parent secur-
ing health insurance coverage through em-
ployment.’’.
SEC. 513. CHANGE IN EMPLOYMENT-BASED CLASSIFICA-
TION.
(a)
IN
GENERAL.—Section
203(b)
(8
U.S.C.
1153(b)) is amended by striking paragraphs (1) through
(5) and inserting the following:
‘‘(1) ALIENS WITH EXTRAORDINARY ABILITY.—
Visas shall first be made available in a number not
to exceed 15,000 of such worldwide level to immi-
grants—
‘‘(A) who have extraordinary ability in the
sciences, arts, education, business, or athletics
which has been demonstrated by sustained na-
tional
or
international
acclaim
and
whose
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achievements have been recognized in the field
through sufficient documentation,
‘‘(B) who seek to be admitted into the
United States to continue work in the area of
extraordinary ability, and
‘‘(C) whose admission into the United
States will substantially benefit prospectively
the United States.
‘‘(2) ALIENS WHO ARE MEMBERS OF THE PRO-
FESSIONS HOLDING ADVANCED DEGREES OR ALIENS
OF EXCEPTIONAL ABILITY.—
‘‘(A) IN GENERAL.—Visas shall be made
available, in a number not to exceed 60,000 of
such worldwide level, plus any visas not re-
quired for the class specified in paragraph (1),
to immigrants who are aliens described in sub-
paragraph (B) or (C).
‘‘(B) ALIENS WHO ARE MEMBERS OF THE
PROFESSIONS
HOLDING
ADVANCED
DEGREES
OR ALIENS OF EXCEPTIONAL ABILITY.—
‘‘(i) IN
GENERAL.—An alien is de-
scribed in this subparagraph if the alien is
a member of a profession holding an ad-
vanced degree or its equivalent or who be-
cause of exceptional ability in the sciences,
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Title V, Subtitle B
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arts, or business will substantially benefit
prospectively the national economy, cul-
tural or educational interests, or welfare of
the United States, and whose services in
the sciences, arts, professions, or business
are sought by an employer in the United
States.
‘‘(ii)
DETERMINATION
OF
EXCEP-
TIONAL
ABILITY.—In determining under
clause (i) whether an immigrant has excep-
tional ability, the possession of a degree,
diploma, certificate, or similar award from
a college, university, school, or other insti-
tution of learning or a license to practice
or certification for a particular profession
or occupation shall not by itself be consid-
ered sufficient evidence of such exceptional
ability.
‘‘(iii)
LABOR
CERTIFICATION
RE-
QUIRED.—An immigrant visa may not be
issued to an immigrant under this sub-
paragraph until the consular officer is in
receipt of a determination made by the
Secretary of Labor pursuant to the provi-
sions of section 212(a)(5)(A).
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‘‘(C)
CERTAIN
MULTINATIONAL
EXECU-
TIVES AND MANAGERS.—An alien is described
in this subparagraph if the alien, in the 3 years
preceding the time of the alien’s application for
classification and admission into the United
States under this subparagraph, has been em-
ployed for at least 1 year by a firm or corpora-
tion or other legal entity or an affiliate or sub-
sidiary thereof and the alien seeks to enter the
United States in order to continue to render
services to the same employer or to a subsidiary
or affiliate thereof in a capacity that is manage-
rial or executive.
‘‘(3)
SKILLED
WORKERS
AND
PROFES-
SIONALS.—
‘‘(A) IN GENERAL.—Visas shall be made
available, in a number not to exceed 45,000 of
such worldwide level, plus any visas not re-
quired for the classes specified in paragraphs
(1) and (2) less the reduction in visa numbers
under this paragraph required to be effected
under section 201(c)(4)(A)(ii) for the fiscal
year involved, to aliens described in subpara-
graph (B) or (C).
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‘‘(B) SKILLED
WORKERS.—An alien de-
scribed in this subparagraph is an immigrant
who is capable, at the time a petition is filed,
of performing skilled labor (requiring at least 2
years training or experience), not of a tem-
porary or seasonal nature, for which qualified
workers are not available in the United States,
who has a total of 7 years of training or experi-
ence (or both) with respect to such labor.
‘‘(C) PROFESSIONALS.—(i) An alien de-
scribed in this subparagraph is an immigrant
who holds a baccalaureate degree and is a
member of the professions and, subject to
clause (ii), has at least 5 years of experience in
the profession after the receipt of the degree.
‘‘(ii) An alien who is a teacher and has
(within the previous 5 years) at least 2 years of
experience teaching a language (other than
English) full-time at an accredited elementary
or middle school may be classified and admitted
as a professional under this subparagraph not-
withstanding that the alien does not have 5
years of experience in the profession if the alien
is seeking admission to teach such language
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full-time in an accredited elementary or middle
school.
‘‘(D) LABOR CERTIFICATION REQUIRED.—
An immigrant visa may not be issued to an im-
migrant under this paragraph until the consular
officer is in receipt of a determination made by
the Secretary of Labor pursuant to the provi-
sions of section 212(a)(5)(A).
‘‘(4) INVESTORS IN JOB CREATION.—
‘‘(A) IN GENERAL.—Visas shall be made
available, in a number not to exceed 10,000 of
such worldwide level less the reduction in visa
numbers under this paragraph required to be
effected under section 201(c)(4)(A)(i) for the
fiscal year involved, to immigrants seeking to
enter the United States for the purpose of en-
gaging in a new commercial enterprise—
‘‘(i) which the alien has established,
‘‘(ii) in which such alien has invested
(after the date of the enactment of the Im-
migration Act of 1990), or is actively in
the process of investing, capital in an
amount not less $1,000,000, and
‘‘(iii) which will benefit the United
States economy and create full-time em-
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Title V, Subtitle B
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ployment for not fewer than 10 United
States citizens or aliens lawfully admitted
for permanent residence or other immi-
grants lawfully authorized to be employed
in the United States (other than the immi-
grant and the immigrant’s spouse, sons, or
daughters).
‘‘(B) PILOT PROGRAM.—For each of fiscal
years 1997 and 1998, up to 2,000 visas other-
wise made available under this paragraph shall
be made available to immigrants who would be
described in subparagraph (A) if ‘$500,000’
were substituted for ‘$1,000,000’ in subpara-
graph (A)(ii) and if ‘for not fewer than 5’ were
substituted for ‘for not fewer than 10’ in sub-
paragraph (A)(iii). By not later than April 1,
1998, the Attorney General shall submit to
Congress a report on the operation of this sub-
paragraph and shall include in the report infor-
mation
describing
the
immigrants
admitted
under this paragraph and the enterprises they
invest in and a recommendation on whether the
pilot program under this subparagraph should
be continued or modified.
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‘‘(5)
CERTAIN
SPECIAL
IMMIGRANTS.—Visas
shall be made available, in a number not to exceed
5,000 of such worldwide level, to qualified special
immigrants described in section 101(a)(27) (other
than those described in subparagraph (A) thereof),
of which not more than 4,000 may be made available
in any fiscal year to special immigrants described in
subclause (II) or (III) of section 101(a)(27)(C)(ii).’’.
(b) CONDITIONAL STATUS FOR CERTAIN FOREIGN
LANGUAGE TEACHERS.—(1) Title II is amended by in-
serting after section 216A the following new section:
‘‘CONDITIONAL PERMANENT RESIDENT STATUS FOR
CERTAIN FOREIGN LANGUAGE TEACHERS
‘‘SEC. 216B. (a) IN GENERAL.—Subject to the suc-
ceeding provisions of this section, section 216A shall apply
to an alien foreign language teacher (as defined in sub-
section (d)(1)) and to an alien spouse or alien child (as
defined in subsection (d)(2)) in the same manner as such
section applies to an alien entrepreneur and an alien
spouse or alien child.
‘‘(b) TIMING FOR PETITION.—
‘‘(1) IN GENERAL.—In applying section 216A
under subsection (a), any reference to a ‘second an-
niversary of an alien’s lawful admission for perma-
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nent residence’ is deemed a reference to the end of
the time period described in paragraph (2).
‘‘(2) TIME PERIOD FOR DETERMINATION.—The
time period described in this paragraph is 5 years
less the period of experience, during the 5-year pe-
riod ending on the date the alien foreign language
teacher obtains permanent resident status, of teach-
ing a language (other than English) full-time at an
accredited elementary or middle school.
‘‘(c) REQUIREMENT FOR TOTAL OF 5 YEARS’ TEACH-
ING EXPERIENCE.—In applying section 216A under sub-
section (a), the determination of the Attorney General
under subsection (b)(1) of such section shall be whether
(and the facts and information under subsection (d)(1) of
such section shall demonstrate that) the alien has been
employed on a substantially full-time basis as a foreign
language teacher at an accredited elementary or middle
school in the United States during the period since obtain-
ing permanent residence status (instead of the determina-
tions described in section 216A(b)(1) and of the facts and
information described in section 216A(d)(1)).
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘alien foreign language teacher’
means an alien who obtains the status of an alien
lawfully admitted for permanent residence (whether
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on a conditional basis or otherwise) under section
203(b)(3)(C)(ii) on the basis of less than 5 years’
teaching experience.
‘‘(2) The term ‘alien spouse’ and the term ‘alien
child’ mean an alien who obtains the status of an
alien lawfully admitted for permanent residence
(whether on a conditional basis or otherwise) by vir-
tue of being the spouse or child, respectively, of an
alien foreign language teacher.’’.
(2) The table of contents of the Immigration and Na-
tionality Act is amended by inserting after the item relat-
ing to section 216A the following:
‘‘Sec. 216B. Conditional permanent resident status for certain foreign language
teachers.’’.
SEC. 514. AUTHORIZATION TO REQUIRE PERIODIC CON-
FIRMATION OF CLASSIFICATION PETITIONS.
(a)
IN
GENERAL.—Section
204(b)
(8
U.S.C.
1154(b)) is amended by inserting ‘‘(1)’’ after ‘‘(b)’’ and
by adding at the end the following new paragraph:
‘‘(2)(A) The Attorney General may provide that a pe-
tition approved with respect to an alien (and the priority
date established with respect to the petition) shall expire
after a period (specified by the Attorney General and of
not less than 2 years) following the date of approval of
the petition, unless the petitioner files with the Attorney
General a form described in subparagraph (B).
252
Title V, Subtitle B
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‘‘(B) The Attorney General shall specify the form to
be used under this paragraph. Such form shall be de-
signed—
‘‘(i) to reconfirm the continued intention of the
petitioner to seek admission of the alien based on
the classification involved, and
‘‘(ii) as may be provided by the Attorney Gen-
eral, to update the contents of the original classifica-
tion petition.
‘‘(C) The Attorney General may apply subparagraph
(A) to one or more classes of classification petitions and
for different periods of time for different classes of such
petitions, as specified by the Attorney General.’’.
(b) EFFECTIVE DATE.—(1) Except as provided in
paragraph (2), the amendments made by subsection (a)
shall not apply to classification petitions filed before Octo-
ber 1, 1996.
(2) The Attorney General may apply such amend-
ments to such classification petitions, but only in a man-
ner so that no such petition expires under such amend-
ments before October 1, 2000.
SEC. 515. CHANGES IN SPECIAL IMMIGRANT STATUS.
(a) REPEALING CERTAIN OBSOLETE PROVISIONS.—
Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is amended by
striking subparagraphs (B), (E), (F), (G), and (H).
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(b) SPECIAL IMMIGRANT STATUS
FOR CERTAIN
NATO CIVILIAN EMPLOYEES.—Section 101(a)(27) (8
U.S.C. 1101(a)(27)) is further amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(J),
(2) by striking the period at the end of sub-
paragraph (K) and inserting ‘‘; or’’, and
(3) by adding at the end the following new sub-
paragraph:
‘‘(L) an immigrant who would be described in
clause (i), (ii), (iii), or (iv) of subparagraph (I) if
any reference in such a clause—
‘‘(i) to an international organization de-
scribed in paragraph (15)(G)(i) were treated as
a reference to the North American Treaty Or-
ganization (NATO);
‘‘(ii) to a nonimmigrant under paragraph
(15)(G)(iv) were treated as a reference to a
nonimmigrant classifiable under NATO–6 (as a
member of a civilian component accompanying
a force entering in accordance with the provi-
sions of the NATO Status-of-Forces Agree-
ment, a member of a civilian component at-
tached to or employed by an Allied Head-
quarters under the ‘Protocol on the Status of
254
Title V, Subtitle B
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International
Military
Headquarters’
set
up
pursuant to the North Atlantic Treaty, or as a
dependent); and
‘‘(iii) to the Immigration Technical Correc-
tions Act of 1988 or to the Immigration and
Nationality Technical Corrections Act of 1994
were a reference to the Immigration in the Na-
tional Interest Act of 1995.’’.
(c) CONFORMING NONIMMIGRANT STATUS FOR CER-
TAIN PARENTS
OF SPECIAL IMMIGRANT CHILDREN.—
Section 101(a)(15)(N) (8 U.S.C. 1101(a)(15)(N)) is
amended—
(1) by inserting ‘‘(or under analogous authority
under paragraph (27)(L))’’ after ‘‘(27)(I)(i)’’, and
(2) by inserting ‘‘(or under analogous authority
under paragraph (27)(L))’’ after ‘‘(27)(I)’’.
(d) EXTENSION OF SUNSET FOR RELIGIOUS WORK-
ERS.—Section
101(a)(27)(C)(ii)
(8
U.S.C.
1101(a)(27)(C)(ii)) is amended by striking ‘‘1997’’ and
inserting ‘‘2005’’ each place it appears.
(e) ADDITIONAL CONFORMING AMENDMENTS.—
(1)
Section
201(b)(1)(A)
(8
U.S.C.
1151(b)(1)(A)) is amended by striking ‘‘or (B)’’.
(2) Section 203(b)(4) (8 U.S.C. 1153(b)(4)) is
amended by striking ‘‘or (B)’’.
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Title V, Subtitle B
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(3) Section 214(l)(3) (8 U.S.C. 1184(l)(3)), as
redesignated by section 815(a)(4)(A) of this Act, is
amended by striking ‘‘, who has not otherwise been
accorded status under section 101(a)(27)(H),’’.
(4) Section 245(c)(2) (8 U.S.C. 1255(c)(2)) is
amended by striking ‘‘101(a)(27)(H), (I),’’ and in-
serting ‘‘101(a)(27)(I),’’.
(f) EFFECTIVE DATES.—(1) Except as provided in
this section, the amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) The amendments made by subsection (a) shall not
apply to any alien with respect to whom an application
for special immigrant status under a subparagraph re-
pealed by such amendments has been filed by not later
than September 30, 1996.
SEC. 516. REQUIREMENTS FOR REMOVAL OF CONDITIONAL
STATUS OF ENTREPRENEURS.
(a)
IN
GENERAL.—Section
216A(b)
(8
U.S.C.
1186b(b)) is amended—
(1) by amending clause (ii) of paragraph (1)(B)
to read as follows:
‘‘(ii) subject to paragraph (3), the alien did
not invest (and maintain investment of) the
requisite capital, or did not employ the requisite
number of employees, throughout substantially
256
Title V, Subtitle B
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the entire period since the alien’s admission;
or’’, and
(2) by adding at the end the following new
paragraph:
‘‘(3) EXCEPTIONS.—
‘‘(A)
GOOD
FAITH
EXCEPTION.—Para-
graph (1)(B)(ii) shall not apply to an alien to
the extent that the alien continues to attempt
in good faith throughout the period since ad-
mission to invest (and maintain investment of)
the requisite capital, and to employ the req-
uisite number of employees, but was unable to
do so due to circumstances for which the alien
should not justly be held responsible.
‘‘(B) EXTENSION.—In the case of an alien
to whom the exception under subparagraph (A)
applies, the application period under subsection
(d)(2) (and period for termination under para-
graph (1)) shall be extended (for up to 3 addi-
tional years) by such additional period as may
be necessary to enable the alien to have had the
requisite
capital
and
number
of
employees
throughout a 2-year period. Such extension
shall terminate at any time at which the Attor-
ney General finds that the alien has not contin-
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Title V, Subtitle B
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ued to attempt in good faith to invest such cap-
ital and employ such employees.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to aliens admitted on or after
the date of the enactment of this Act.
SEC. 517. MISCELLANEOUS CONFORMING AMENDMENTS.
(a) CONFORMING AMENDMENTS RELATING TO IMME-
DIATE RELATIVES.—
(1)
Section
101(b)(1)(F)
(8
U.S.C.
1101(b)(1)(F)) is amended by striking ‘‘as an imme-
diate relative under section 201(b)’’ and inserting
‘‘as a child of a citizen of the United States’’.
(2) Section 204 (8 U.S.C. 1154) is amended—
(A) in subsection (a)(1)(A)(i), by striking
‘‘paragraph (1), (3), or (4) of section 203(a) or
to an immediate relative status’’ and inserting
‘‘section 203(a)(2) or to status as the spouse or
child of a citizen of the United States’’;
(B) in subsection (a)(1)(A)(iii), by striking
‘‘as an immediate relative’’ and inserting ‘‘as
the spouse of a citizen of the United States’’;
(C) in subsection (a)(1)(iv), by striking ‘‘as
an immediate relative’’ and inserting ‘‘as a
child of a citizen of the United States’’;
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Title V, Subtitle B
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(D) in subsection (b), by striking ‘‘an im-
mediate relative specified in section 201(b)’’
and inserting ‘‘a spouse or child of a citizen of
the United States under section 201(b)’’;
(E) in subsection (c), by striking ‘‘an im-
mediate relative or preference’’ and inserting ‘‘a
preferential’’;
(F) in subsection (e)—
(i) by striking ‘‘an immediate rel-
ative’’ and inserting ‘‘a spouse or child of
a citizen of the United States’’, and
(ii) by striking ‘‘his’’ and ‘‘he’’ and in-
serting ‘‘the alien’s’’ and ‘‘the alien’’, re-
spectively; and
(G) in subsection (g), by striking ‘‘imme-
diate relative status’’ and inserting ‘‘status as a
spouse or child of a citizen of the United States
or other’’.
(3)
Section
212(a)(6)(E)(ii)
(8
U.S.C.
1182(a)(6)(E)(ii)) is amended by striking ‘‘an imme-
diate relative’’ and inserting ‘‘a spouse, child, or par-
ent of a citizen of the United States’’.
(4) Section 212(d)(11) (8 U.S.C. 1182(d)(11))
is amended by striking ‘‘an immediate relative’’ and
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Title V, Subtitle B
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inserting ‘‘a spouse or child of a citizen of the Unit-
ed States’’.
(5)
Section
216(g)(1)(A)
(8
U.S.C.
1186a(g)(1)(A)) is amended by striking ‘‘an imme-
diate relative (described in section 201(b)) as the
spouse of a citizen of the United States’’ and insert-
ing ‘‘as the spouse of a citizen of the United States
(described in section 201(b))’’.
(6)
Section
221(a)
(8
U.S.C.
1201(a))
is
amended by striking ‘‘, immediate relative,’’.
(7)(A) Section 224 (8 U.S.C. 1204) is amend-
ed—
(i) by amending the heading to read as fol-
lows:
‘‘VISAS FOR SPOUSES AND CHILDREN OF CITIZENS AND
SPECIAL IMMIGRANTS’’,
(ii) by striking ‘‘immediate relative’’ the
first place it appears and inserting ‘‘a spouse or
child of a citizen of the United States’’, and
(iii) by striking ‘‘immediate relative sta-
tus’’ and inserting ‘‘status or status as a spouse
or child of a citizen of the United States’’.
(B) The item in the table of contents relating
to section 224 is amended to read as follows:
‘‘Sec. 224.
Visas for spouses and children of citizens and special immigrants.’’.
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(8) Subsection (a)(1)(E)(ii) of section 241 (8
U.S.C. 1251), before redesignation as section 237 by
section 305(2), is amended by striking ‘‘an imme-
diate relative’’ and inserting ‘‘a spouse, child, or par-
ent of a citizen of the United States under section
201(b) or 203(a)(2)’’.
(9)
Section
245(c)
(8
U.S.C.
1255(c))
is
amended by striking ‘‘an immediate relative as de-
fined in section 201(b)’’ and inserting ‘‘a spouse or
child of a citizen of the United States under section
201(b) or a parent of a citizen under section
203(a)(2)’’ each place it appears.
(10) Section 291 (8 U.S.C. 1361) is amended
by striking ‘‘immigrant, special immigrant, imme-
diate relative’’ and inserting ‘‘immigrant status, spe-
cial immigrant status, status as a spouse or child of
a citizen of the United States’’.
(11) Section 401 of the Immigration Reform
and Control Act of 1986 is amended by striking
‘‘immediate relatives’’ and inserting ‘‘spouses and
children of citizens’’.
(b) CONFORMING AMENDMENTS FOR OTHER FAM-
ILY-SPONSORED IMMIGRANTS.—
(1)
PETITIONING
REQUIREMENTS.—Section
204 (8 U.S.C. 1154) is amended—
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Title V, Subtitle B
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(A) in subsection (a)(1)(B)(i), by striking
‘‘203(a)(2)’’ and inserting ‘‘203(a)(1)’’;
(B) in clauses (ii) and (iii) of subsection
(a)(1), by striking ‘‘203(a)(2)(A)’’ and inserting
‘‘203(a)(1)’’; and
(C) in subsection (f)(1), by striking ‘‘,
203(a)(1), or 203(a)(3)’’ and inserting ‘‘or
203(a)(2)’’.
(2) APPLICATION OF PER COUNTRY LEVELS.—
Section 202 (8 U.S.C. 1152) is amended—
(A) by amending paragraph (4) of sub-
section (a) to read as follows:
‘‘(4) SPECIAL RULES FOR SPOUSES AND CHIL-
DREN OF LAWFUL PERMANENT RESIDENT ALIENS.—
‘‘(A) 75
PERCENT
OF
1ST
PREFERENCE
NOT SUBJECT TO PER COUNTRY LIMITATION.—
Of the visa numbers made available under sec-
tion 203(a) to immigrants described in para-
graph (1) of that section in any fiscal year,
63,750 shall be issued without regard to the
numerical limitation under paragraph (2).
‘‘(B) LIMITING PASS DOWN FOR CERTAIN
COUNTRIES SUBJECT TO SUBSECTION (e).—In
the case of a foreign state or dependent area to
which subsection (e) applies, if the total number
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of visas issued under section 203(a)(1) exceeds
the maximum number of visas that may be
made available to immigrants of the state or
area under such section consistent with sub-
section (e) (determined without regard to this
paragraph), in applying paragraph (2) of sec-
tion 203(a) under subsection (e)(2) all visas
shall be deemed to have been required for the
classes specified in paragraph (1) of such sec-
tion.’’; and
(B) in subsection (e)—
(i) in paragraph (1), by inserting be-
fore the semicolon the following: ‘‘(deter-
mined without regard to subsections (c)(4)
and (d)(2) of section 201)’’,
(ii)
in
paragraph
(2),
by
striking
‘‘paragraphs (1) through (4)’’ and insert-
ing ‘‘paragraphs (1) and (2)’’, and
(iii) in the last sentence, by striking
‘‘203(a)(2)(A)’’ and inserting ‘‘203(a)(1)’’.
(3) ADDITIONAL CONFORMING AMENDMENTS.—
(A) Section 203(d) (8 U.S.C. 1153(d)) is
amended
by
striking
‘‘(a)’’
and
inserting
‘‘(a)(2)’’.
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(B)
Section
212(a)(6)(E)(ii)
(8
U.S.C.
1182(a)(6)(E)(ii))
is
amended
by
striking
‘‘203(a)(2)’’ and inserting ‘‘203(a)(1)’’.
(C)
Section
212(d)(11)
(8
U.S.C.
1182(d)(11)) is amended by striking ‘‘immi-
grant under section 203(a) (other than para-
graph (4) thereof)’’ and inserting ‘‘an immigra-
tion under section 203(a)’’.
(D)
Section
216(g)(1)(C)
(8
U.S.C.
1186a(g)(1)(C))
is
amended
by
striking
‘‘203(a)(2)’’ and inserting ‘‘203(a)(1)’’.
(E)
Section
241(a)(1)(E)(ii)
(8
U.S.C.
1251(a)(1)(E)(ii)), before redesignation as sec-
tion 237 under section 305(a)(2), is amended
by
striking
‘‘203(a)(2)’’
and
inserting
‘‘203(a)(1)’’.
(F) Section 2(c) of the Virgin Islands Non-
immigrant Alien Adjustment Act of 1982 (Pub-
lic Law 97–271) is amended—
(i) in paragraph (2), by inserting ‘‘or
first
family
preference
petitions’’
after
‘‘second preference petitions’’;
(ii) in paragraph (3)(A), by striking
‘‘or’’ at the end;
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(iii) in paragraph (3)(B), by striking
the period at the end and inserting ‘‘, or’’;
(iv) by adding at the end of para-
graph (3) the following new subparagraph:
‘‘(C) by virtue of a first family preference peti-
tion filed by an individual who was admitted to the
United States as an immigrant by virtue of a second
family preference petition filed by the son or daugh-
ter of the individual, if that son or daughter had his
or her status adjusted under this section.’’; and
(v) in paragraph (4), by striking ‘‘on
or after such date).’’ and inserting the fol-
lowing: ‘‘on or after such date and before
October 1, 1996). For purposes of this
subsection, the terms ‘first family pref-
erence petition’ and ‘second family pref-
erence petition’ mean, in the case of an
alien, a petition filed under section 204(a)
of the Act to grant preference status to the
alien by reason of the relationship de-
scribed in section 203(a)(1) or 203(a)(2),
respectively (as in effect on and after Octo-
ber 1, 1996).’’.
(c) CONFORMING AMENDMENTS RELATING TO EM-
PLOYMENT-BASED IMMIGRANTS.—
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(1) TREATMENT OF SPECIAL K IMMIGRANTS.—
Section 203(b)(6)(B) (8 U.S.C. 1153(b)(6)(B)) is
amended—
(A) in clause (i), by striking ‘‘reduced by
1⁄3’’ and inserting ‘‘reduced by the same propor-
tion, as the proportion (of the visa numbers
made available under all such paragraphs) that
were made available under each respective para-
graph,’’, and
(B) in clause (iii), by striking ‘‘reduced by
1⁄3’’ and inserting ‘‘reduced by the same propor-
tion, as the proportion (of the visa numbers
made available under all such paragraphs to na-
tives of the foreign state) that were made avail-
able under each respective paragraph to such
natives,’’.
(2) CONFORMING AMENDMENTS RELATING TO
PETITIONING RIGHTS.—Section 204(a)(1) (8 U.S.C.
1154(a)(1)) is amended—
(A)
in
subparagraph
(C),
by
striking
‘‘203(b)(1)(A)’’ and inserting ‘‘203(b)(1)’’;
(B) in subparagraph (D), by striking ‘‘sec-
tion 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or
203(b)(3)’’ and inserting ‘‘section 203(b)(2) or
203(b)(3)’’;
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(C) in subparagraph (E)(i), by striking
‘‘203(b)(4)’’ and inserting ‘‘203(b)(5)’’;
(D)
in
subparagraph
(F),
by
striking
‘‘203(b)(5)’’ and inserting ‘‘203(b)(4)’’; and
(E) by redesignating subparagraphs (E)
and (F) as subparagraphs (F) and (E), respec-
tively, and by moving subparagraph (E) (as so
redesignated) to precede subparagraph (F) (as
so redesignated).
(3) GROUND
FOR
INADMISSIBILITY.—Section
212(a)(5)(C) (8 U.S.C. 1182(a)(5)(C)) is amended
by striking ‘‘(2)’’ and inserting ‘‘(2)(B)’’.
(4) OTHER CONFORMING AMENDMENTS.—
(A) Subsections (b)(1)(C) and (f)(1) of
section
216A
(8
U.S.C.
1186b)
are
each
amended by striking ‘‘203(b)(5)’’ and inserting
‘‘203(b)(4)’’.
(B)
Section
245(j)(3)
(8
U.S.C.
1255(j)(3)), as added by section 130003(c)(1)
Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103–322) and as re-
designated by section 815(a)(4)(A) of this Act,
is amended by striking ‘‘203(b)(4)’’ and insert-
ing ‘‘203(b)(5)’’.
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(C) Section 154(b)(1)(B)(i) of the Immi-
gration Act of 1990 is amended by striking
‘‘1991)’’ and inserting ‘‘1991, and before Octo-
ber
1,
1996)
or
under
section
203(a),
203(b)(1), or 203(b)(2)(C) (as in effect on and
after October 1, 1996)’’.
(D) Section 206(a) of the Immigration Act
of 1990 is amended by striking ‘‘203(b)(1)(C)’’
and inserting ‘‘203(b)(2)(C)’’.
(E) Section 610 of Public Law 102–395 is
amended—
(i) in subsection (a), by striking ‘‘sec-
tion 203(b)(5) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)(5))’’ and
inserting ‘‘section 203(b)(4) of the Immi-
gration and Nationality Act (8 U.S.C.
1153(b)(4))’’,
(ii) in subsection (b), by striking ‘‘sec-
tion
203(b)(5)’’
and
inserting
‘‘section
203(b)(4)’’, and
(iii) in subsection (c), by striking
‘‘203(b)(5)(A)(iii)’’
and
inserting
‘‘203(b)(4)(A)(iii)’’.
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(F) Section 2(d)(2) of the Chinese Student
Protection Act of 1992 (Public Law 102–404)
is amended—
(i) in subparagraph (A), by striking
‘‘203(b)(3)(A)(i)’’
and
inserting
‘‘203(b)(3)(B)’’, and
(ii) in subparagraph (B), by striking
‘‘203(b)(5)’’ and inserting ‘‘203(b)(4)’’.
(G) The Soviet Scientists Immigration Act
of 1992 (Public Law 102–509) is amended—
(i) in sections 3 and 4(a), by striking
‘‘203(b)(2)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)(2)(A))’’
and inserting ‘‘203(b)(2)(B)(i) of the Im-
migration and Nationality Act (8 U.S.C.
1153(b)(2)(B)(i))’’, and
(ii)
in
section
4(c),
by
striking
‘‘203(b)(2)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)(2)(A))’’
and inserting ‘‘203(b)(2)(B) of the Immi-
gration and Nationality Act (8 U.S.C.
1153(b)(2)(B))’’.
(d) REPEAL OF CERTAIN OUTDATED PROVISIONS.—
The following provisions of law are repealed:
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(1) Section 9 of Public Law 94–571 (90 Stat.
2707).
(2) Section 19 of Public Law 97-116 (95 Stat.
1621).
Subtitle C—Refugees, Asylees, Pa-
role, and Humanitarian Admis-
sions
SEC. 521. CHANGES IN REFUGEE ANNUAL ADMISSIONS.
(a) IN GENERAL.—Paragraphs (1) and (2) of section
207(a) (8 U.S.C. 1157(a)) are amended to read as follows:
‘‘(1) Except as provided in paragraph (2) and sub-
section (b), the number of refugees who may be admitted
under this section in any fiscal year shall be such number
as the President determines, before the beginning of the
fiscal year and after appropriate consultation, is justified
by humanitarian concerns or is otherwise in the national
interest.
‘‘(2)(A) Except as provided in subparagraph (B), the
number determined under paragraph (1) for a fiscal year
may not exceed—
‘‘(i) 75,000 in the case of fiscal year 1997, or
‘‘(ii) 50,000 in the case of any succeeding fiscal
year.
‘‘(B) The number determined under paragraph (1)
for a fiscal year may exceed the limit specified under sub-
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paragraph (A) if Congress enacts a law providing for a
higher number.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply beginning with fiscal year 1997.
SEC. 522. FIXING NUMERICAL ADJUSTMENTS FOR ASYLEES
AT 10,000 EACH YEAR.
(a)
IN
GENERAL.—Section
209(b)
(8
U.S.C.
1159(b)) of such Act is amended by striking ‘‘Not more
than’’ and all that follows through ‘‘who—’’ and inserting
the following: ‘‘The Attorney General, in the Attorney
General’s discretion and under such regulations as the At-
torney General may prescribe, and in a number not to ex-
ceed 10,000 aliens in any fiscal year, may adjust to the
status of an alien lawfully admitted for permanent resi-
dence the status of any alien granted asylum who—’’.
(b) CONFORMING AMENDMENT.—Section 207(a) (8
U.S.C. 1157(a)) is amended by striking paragraph (4).
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 1996.
øSEC. 523. INCREASED RESOURCES FOR REDUCING ASY-
LUM APPLICATION BACKLOGS.
ø(a) AUTHORIZATION OF TEMPORARY EMPLOYMENT
OF CERTAIN ANNUITANTS AND RETIREES.—
ø(1) IN GENERAL.—For the purpose of per-
forming duties in connection with adjudicating appli-
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cations for asylum pending as of the date of the en-
actment of this Act, the Attorney General may em-
ploy for a period not to exceed 24 months (beginning
3 months after the date of the enactment of this
Act) not more than 300 individuals (at any one
time) who, by reason of separation from service on
or before January 1, 1995, are receiving—
ø(A) annuities under the provisions of sub-
chapter III of chapter 83 of title 5, United
States Code, or chapter 84 of such title;
ø(B) annuities under any other retirement
system for employees of the Federal Govern-
ment; or
ø(C) retired or retainer pay as retired offi-
cers of regular components of the uniformed
services.
ø(2) NO REDUCTION IN ANNUITY OR RETIRE-
MENT PAY OR REDETERMINATION OF PAY DURING
TEMPORARY EMPLOYMENT.—
ø(A) RETIREES UNDER CIVIL SERVICE RE-
TIREMENT SYSTEM AND FEDERAL EMPLOYEES’
RETIREMENT SYSTEM.—In the case of an indi-
vidual employed under paragraph (1) who is re-
ceiving
an
annuity
described
in
paragraph
(1)(A)—
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Title V, Subtitle C
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ø(i) such individual’s annuity shall
continue
during
the
employment
under
paragraph (1) and shall not be increased
as a result of service performed during
that employment;
ø(ii) retirement deductions shall not
be withheld from such individual’s pay;
and
ø(iii) such individual’s pay shall not
be subject to any deduction based on the
portion of such individual’s annuity which
is allocable to the period of employment.
ø(B) OTHER
FEDERAL
RETIREES.—The
President shall apply the provisions of subpara-
graph (A) to individuals who are receiving an
annuity described in paragraph (1)(B) and who
are employed under paragraph (1) in the same
manner and to the same extent as such provi-
sions apply to individuals who are receiving an
annuity described in paragraph (1)(A) and who
are employed under paragraph (1).
ø(C) RETIRED
OFFICERS
OF
THE
UNI-
FORM SERVICES.—The retired or retainer pay
of a retired officer of a regular component of a
uniformed service shall not be reduced under
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Title V, Subtitle C
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section 5532 of title 5, United States Code, by
reason of temporary employment authorized
under paragraph (1).
ø(b) PROCEDURES FOR PROPERTY ACQUISITION ON
LEASING.—Notwithstanding the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.), the Attorney General is authorized to expend out
of funds made available to the Department of Justice for
the administration of the Immigration and Nationality Act
such amounts as may be necessary for the leasing or ac-
quisition of property to carry out the purpose described
in subsection (a)(1).
ø(c) INCREASE IN ASYLUM OFFICERS.—Subject to
the availability of appropriations, the Attorney General
shall provide for an increase in the number of asylum offi-
cers to at least 600 asylum officers by fiscal year 1997.
SEC. ø524.¿ ø523.¿ PAROLE AVAILABLE ONLY ON A CASE-BY-
CASE BASIS FOR HUMANITARIAN REASONS
OR SIGNIFICANT PUBLIC BENEFIT.
(a) IN GENERAL.—Paragraph (5) of section 212(d)
(8 U.S.C. 1182(d)) is amended to read as follows:
‘‘(5) HUMANITARIAN
AND PUBLIC INTEREST PA-
ROLE.—
‘‘(A) IN GENERAL.—Subject to the provisions of
this paragraph and section 214(f)(2), the Attorney
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Title V, Subtitle C
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General, in the sole discretion of the Attorney Gen-
eral, may on a case-by-case basis parole an alien into
the United States temporarily, under such conditions
as the Attorney General may prescribe, only—
‘‘(i) for an urgent humanitarian reason (as
described under subparagraph (B)); or
‘‘(ii) for a reason deemed strictly in the
public interest (as described under subpara-
graph (C)).
‘‘(B) HUMANITARIAN
PAROLE.—The Attorney
General may parole an alien based on an urgent hu-
manitarian reason described in this subparagraph
only if—
‘‘(i) the alien has a medical emergency and
the alien cannot obtain necessary treatment in
the foreign state in which the alien is residing
or the medical emergency is life-threatening and
there is insufficient time for the alien to be ad-
mitted through the normal visa process;
‘‘(ii) the alien is needed in the United
States in order to donate an organ or other tis-
sue for transplant into a close family member;
or
‘‘(iii) the alien has a close family member
in the United States whose death is imminent
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Title V, Subtitle C
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and the alien could not arrive in the United
States in time to see such family member alive
if the alien were to be admitted through the
normal visa process.
‘‘(C) PUBLIC INTEREST PAROLE.—The Attor-
ney General may parole an alien based on a reason
deemed strictly in the public interest described in
this subparagraph only if the alien has assisted the
United States Government in a matter, such as a
criminal investigation, espionage, or other similar
law enforcement activity, and either the alien’s pres-
ence in the United States is required by the Govern-
ment or the alien’s life would be threatened if the
alien were not permitted to come to the United
States.
‘‘(D) LIMITATION ON THE USE OF PAROLE AU-
THORITY.—The Attorney General may not use the
parole authority under this paragraph to permit to
come to the United States aliens who have applied
for and have been found to be ineligible for refugee
status or any alien to whom the provisions of this
paragraph do not apply.
‘‘(E) PAROLE NOT AN ADMISSION.—Parole of
an alien under this paragraph shall not be consid-
ered an admission of the alien into the United
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Title V, Subtitle C
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states. When the purposes of the parole of an alien
have been served, as determined by the Attorney
General, the alien shall immediately return or be re-
turned to the custody from which the alien was pa-
roled and the alien shall be considered for admission
to the United States on the same basis as other
similarly situated applicants for admission.
‘‘(F) REPORT TO CONGRESS.—Not later than
90 days after the end of each fiscal year, the Attor-
ney General shall submit a report to the Committees
on the Judiciary of the House of Representatives
and the Senate describing the number and cat-
egories of aliens paroled into the United States
under this paragraph. Each such report shall con-
tain information and data concerning the number
and categories of aliens paroled, the duration of pa-
role, and the current status of aliens paroled during
the preceding fiscal year.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the first day of the first
month beginning more than 60 days after the date of the
enactment of this Act.
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Title V, Subtitle C
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SEC. ø525.¿ ø526.¿ ADMISSION OF HUMANITARIAN IMMI-
GRANTS
(a) IN GENERAL.—Subsection (c) of section 203 (8
U.S.C. 1153) is amended to read as follows:
‘‘(c) HUMANITARIAN IMMIGRANTS.—
‘‘(1) IN GENERAL.—Aliens subject to the world-
wide level specified in section 201(e) for humani-
tarian immigrants shall be allotted visas only if the
aliens have been selected by the Attorney General,
under paragraph (2), as of special humanitarian
concern to the United States.
‘‘(2) SELECTION OF IMMIGRANTS.—
‘‘(A) IN GENERAL.—The Attorney General
shall, on a case-by-case basis and based on hu-
manitarian concerns and the public interest, se-
lect aliens for purposes of this subsection.
‘‘(B) RESTRICTION.—The Attorney Gen-
eral may not select an alien under this para-
graph if the alien is a refugee (within the mean-
ing of section 101(a)(42)) unless the Attorney
General determines that compelling reasons in
the public interest with respect to that particu-
lar alien require that the alien be admitted into
the United States as a humanitarian immigrant
under this subsection rather than as a refugee
under section 207.
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Title V, Subtitle C
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‘‘(3) ANNUAL REPORT.—Not later than 90 days
after the end of each fiscal year, the Attorney Gen-
eral shall submit to the Committees on the Judiciary
of the House of Representatives and of the Senate
a report describing the number of immigrant visas
issued under this subsection and the individuals to
whom the visas were issued.’’.
(b) PETITIONING.—Subparagraph (G) of
section
204(a)(1) (8 U.S.C. 1154(a)(1)) is amended to read as
follows:
‘‘(G) Any alien desiring to be provided an immigrant
visa under section 203(c) may file a petition with the At-
torney General for such classification, but only if the At-
torney General has identified the alien as possibly qualify-
ing for such a visa.’’.
(c) ORDER
OF CONSIDERATION.—Section 203 (8
U.S.C. 1153) is amended—
(1) by amending paragraph (2) of subsection
(e) to read as follows:
‘‘(2) Immigrant visa numbers made available under
subsection (c) (relating to humanitarian immigrants) shall
be issued to eligible immigrants in an order specified by
the Attorney General.’’, and
(2) in subsection (g), by striking ‘‘(a), (b), and
(c)’’ and inserting ‘‘(a) and (b)’’.
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Title V, Subtitle C
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(d) APPLICATION
OF PER COUNTRY NUMERICAL
LIMITATIONS.—Section 202(a) (8 U.S.C. 1152(a)) is
amended by adding at the end the following new para-
graph:
‘‘(5)
PER
COUNTRY
LEVELS
FOR
HUMANI-
TARIAN IMMIGRANTS.—The total number of immi-
grant visas made available to natives of any single
foreign state or dependent area under section 203(c)
in any fiscal year may not exceed 50 percent (in the
case of a single foreign state) or 15 percent (in the
case of a dependent area) of the total number of
such visas made available under such subsection in
that fiscal year.’’.
(e) WAIVER OF CERTAIN GROUNDS OF INADMIS-
SIBILITY.—Section 212(a) (8 U.S.C. 1182(a)) is amend-
ed—
(1) in paragraph (4), as amended by section
621, by adding at the end the following new sub-
paragraph:
‘‘(C) WAIVER AUTHORIZED FOR HUMANI-
TARIAN
IMMIGRANTS.—The Attorney General,
in the discretion of the Attorney General, may
waive the ground of inadmissibility under sub-
paragraph (A) in the case of an alien seeking
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Title V, Subtitle C
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admission as a humanitarian immigrant under
section 203(c).’’;
(2) in paragraph (5)(C), by inserting before the
period at the end the following: ‘‘, and shall not
apply to immigrants seeking admissions as humani-
tarian immigrants under section 203(c)’’; and
(3)
in
paragraph
(7)(A),
by
redesignating
clause (ii) as clause (iii) and by inserting after
clause (i) the following new clause:
‘‘(ii) WAIVER AUTHORIZED FOR HU-
MANITARIAN
IMMIGRANTS.—The Attorney
General, in the discretion of the Attorney
General, may waive the ground of inadmis-
sibility under clause (i) in the case of an
alien seeking admission as a humanitarian
immigrant under section 203(c).’’.
(f)
CONFORMING
AMENDMENTS
RELATING
TO
ELIMINATION OF DIVERSITY PROGRAM.—
(1) Section 141(c) of the Immigration Act of
1990 is amended by striking paragraph (2).
(2) Section 204(b)(1) of Immigration Act of
1990 is amended by inserting ‘‘, as in effect before
fiscal year 1996’’ after ‘‘Immigration and National-
ity Act’’.
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Title V, Subtitle C
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SEC. ø526.¿ ø525.¿ ASYLUM REFORM.
(a) ASYLUM REFORM.—Section 208 (8 U.S.C. 1158)
is amended to read as follows:
‘‘ASYLUM
‘‘SEC. 208. (a) AUTHORITY TO APPLY FOR ASY-
LUM.—Any alien who is physically present in the United
States or who arrives in the United States (whether or
not at a designated port of arrival), at a land border or
port of entry, irrespective of such alien’s status, may apply
for asylum in accordance with this section.
‘‘(b) CONDITIONS FOR GRANTING ASYLUM.—
‘‘(1) MANDATORY AUTHORITY.—The Attorney
General shall grant asylum to an alien if the alien
applies for asylum in accordance with the require-
ments of this section and establishes that it is more
likely than not that in the alien’s country of nation-
ality (or, in the case of a person having no national-
ity, the country in which such alien last habitually
resided) such alien’s life or freedom would be threat-
ened on account of race, religion, nationality, mem-
bership in a particular social group, or political opin-
ion.
‘‘(2) DISCRETIONARY AUTHORITY.—The Attor-
ney General may grant asylum to an alien if the
alien applies for asylum in accordance with the re-
quirements of this section and establishes that the
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alien is a refugee within the meaning of section
101(a)(42).
‘‘(3) LIMITATIONS.—(A) Paragraphs (1) and
(2) shall not apply to an alien if the Attorney Gen-
eral determines that—
‘‘(i) the alien ordered, incited, assisted, or
otherwise participated in the persecution of any
person on account of race, religion, nationality,
membership in a particular social group, or po-
litical opinion;
‘‘(ii) the alien, having been convicted by a
final judgment of a particularly serious crime,
constitutes a danger to the community of the
United States;
‘‘(iii) there are serious reasons for believ-
ing that the alien has committed a serious non-
political crime outside the United States prior
to the arrival of the alien in the United States;
‘‘(iv) there are reasonable grounds for re-
garding the alien as a danger to the security of
the United States;
‘‘(v)
the
alien
is
inadmissible
under
subclause
(I),
(II),
or
(III)
of
section
212(a)(3)(B)(i)
or
removable
under
section
237(a)(4)(B) (relating to terrorist activity); or
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Title V, Subtitle C
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‘‘(vi) a country willing to accept the alien
has been identified (other than the country de-
scribed in paragraph (1)) to which the alien can
be removed or returned and the alien does not
establish that it is more likely than not that the
alien’s life or freedom would be threatened in
such country on account of race, religion, na-
tionality, membership in a particular social
group, or political opinion.
‘‘(B)(i) For purposes of subparagraph (A)(ii),
an alien who has been convicted of an aggravated
felony shall be considered to have committed a par-
ticularly serious crime.
‘‘(ii) The Attorney General shall promulgate
regulations that specify additional crimes that will
be considered to be a crime described in subpara-
graph (A)(ii) or (A)(iii).
‘‘(iii) The Attorney General shall promulgate
regulations establishing such additional limitations
and conditions as the Attorney General considers ap-
propriate under which an alien shall be ineligible to
apply for asylum under paragraph (2).
‘‘(c) ASYLUM STATUS.—
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Title V, Subtitle C
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‘‘(1) IN GENERAL.—In the case of any alien
granted asylum under subsection (b), the Attorney
General, in accordance with this section—
‘‘(A) shall not remove or return the alien
to the country described in subsection (b)(1);
‘‘(B) shall authorize the alien to engage in
employment in the United States and provide
the alien with an ‘employment authorized’ en-
dorsement or other appropriate work permit;
and
‘‘(C) may allow the alien to travel abroad
with the prior consent of the Attorney General.
‘‘(2) LIMITATIONS.—Asylum status does not in-
clude or convey a right to remain permanently in the
United States.
‘‘(d) TERMINATION OF ASYLUM.—Asylum granted
under subsection (b) may be terminated if the Attorney
General, pursuant to such regulations as the Attorney
General may prescribe, determines that—
‘‘(1) the alien no longer meets the conditions
described in subsection (b) owing to a change in cir-
cumstances in the alien’s country of nationality or,
in the case of an alien having no nationality, in the
country in which the alien last habitually resided;
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‘‘(2) the alien meets a condition described in
subsection (b)(3); or
‘‘(3) a country willing to accept the alien has
been identified (other than the country described in
subsection (b)(1)) to which the alien can be removed
or returned and the alien cannot establish that it is
more likely than not that the alien’s life or freedom
would be threatened in such country on account of
race, religion, nationality, membership in a particu-
lar social group, or political opinion.
‘‘(e) ACCEPTANCE BY ANOTHER COUNTRY.—In the
case of an alien described in subsection (b)(3)(A)(vi) or
subsection (d)(3), the alien’s removal or return shall be
directed by the Attorney General in the sole discretion of
the Attorney General, to any country which is willing to
accept the alien into its territory (other than the country
described in subsection (b)(1)).
‘‘(f) ASYLUM PROCEDURE.—
‘‘(1) APPLICATIONS.—
‘‘(A) DEADLINE.—(i) Subject to clause
(ii), an alien’s application for asylum shall not
be considered under this section unless—
‘‘(I) the alien has filed, not later than
30 days after being admitted or coming to
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the United States, notice of intention to
file such an application, and
‘‘(II) such application is actually filed
not later than 60 days after being admit-
ted or coming to the United States.
‘‘(ii) An application for asylum may be
considered, notwithstanding that the require-
ments of clause (i) have not been met, only if
the alien demonstrates by clear and convincing
evidence changed circumstances in the alien’s
country of nationality (or in the case of an alien
with no nationality, in the country where the
alien has habitually resided) affecting eligibility
for asylum.
‘‘(B) REQUIREMENTS.—An application for
asylum shall not be considered unless the alien
submits to the taking of fingerprints and a pho-
tograph in a manner determined by the Attor-
ney General.
‘‘(C) FEES.—In the discretion of the At-
torney General, the Attorney General may im-
pose reasonable fees for the consideration of an
application for asylum, for employment author-
ization under this section, and for adjustment
of status under section 209(b). The Attorney
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General is authorized to provide for the assess-
ment and payment of any such fee over a pe-
riod of time or by installments.
‘‘(D) NOTICE OF PRIVILEGE OF COUNSEL
AND CONSEQUENCES OF FRIVOLOUS APPLICA-
TION.—
‘‘(i) NOTICE.—At the time of filing a
notice of intention to apply for asylum, the
alien shall be advised of the privilege of
being presented by counsel and of the con-
sequences, under subsection (h), of filing a
frivolous application for asylum.
‘‘(ii) PROVISION
OF
LIST
OF
COUN-
SEL.—The Attorney General shall provide
lists (updated not less often than quar-
terly) of persons who have indicated their
availability to represent pro bono aliens in
asylum proceedings. Such lists shall be
provided to the alien at the time of filing
of notice of intention to apply for asylum,
and otherwise be made generally available.
‘‘(E) EMPLOYMENT AUTHORIZATION.—An
applicant for asylum is not entitled to engage in
employment in the United States. The Attorney
General may authorize an alien who has filed
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an application for asylum to engage in employ-
ment in the United States, in the discretion of
the Attorney General.
‘‘(2)
CONSIDERATION
OF
ASYLUM
APPLICA-
TIONS.—
‘‘(A) IN GENERAL.—The Attorney General
shall establish a procedure for considering ap-
plications for asylum submitted pursuant to
paragraph (1). Such procedure shall include—
‘‘(i) a requirement that, unless an ap-
plicant (or an attorney for an applicant)
consents in writing to the contrary, hear-
ings on asylum applications shall com-
mence not later than 45 days after the
date an application is filed;
‘‘(ii) a requirement that applications
for asylum shall be considered by asylum
officers who are specially designated by the
Service as having special training and
knowledge of international conditions and
human rights records of foreign countries;
and
‘‘(iii) summary dismissal of applica-
tions for asylum of an alien who does not
appear for a hearing on such application,
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unless the alien can show exceptional cir-
cumstances (as defined in section 239(e)),
as determined by the asylum officer, or un-
less written and oral notice were not pro-
vided as required by section 239.
‘‘(B) FINALITY
OF
DETERMINATIONS.—
The decision of an asylum officer shall be the
final administrative determination of a claim
for asylum.
‘‘(g) TREATMENT OF SPOUSE AND CHILDREN.—A
spouse or child (as defined in section 101(b)(1)(A), (B),
(C), (D), or (E)) of an alien who is granted asylum under
subsection (f)(2) may, if not otherwise eligible for asylum
under this section, be granted the same status as the alien
if accompanying, or following to join, such alien.
‘‘(h) DENIAL OF IMMIGRATION BENEFITS FOR FRIV-
OLOUS APPLICATIONS.—
‘‘(1) IN GENERAL.—If the asylum officer deter-
mines that an alien has made a frivolous application
for asylum under this section and the alien has re-
ceived the notice under subsection (f)(1)(D)(i), the
alien shall be permanently ineligible for any benefits
under this Act, effective as of the date of a final de-
termination on such application.
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‘‘(2) TREATMENT OF MATERIAL MISREPRESEN-
TATIONS.—For purposes of this subsection, an appli-
cation considered to be ‘frivolous’ includes, but is
not limited to, an application which contains a will-
ful misrepresentation or concealment of a material
fact.
‘‘(i) JUDICIAL REVIEW.—The procedure prescribed
by, and all the provisions of chapter 158 of title 28, United
States Code, shall apply to, and shall be the sole and ex-
clusive procedure for, the judicial review of all final orders
granting or denying asylum, except that—
‘‘(1) a petition for review may be filed not later
than 90 days after the date of the issuance of the
final order granting or denying asylum;
‘‘(2) the venue of any petition for review under
this subsection shall be in the judicial circuit in
which the administrative proceedings before an asy-
lum officer were conducted in whole or in part, or
in the judicial circuit therein is the residence, as de-
fined in this Act, of the petitioner, but not in more
than one circuit; and
‘‘(3) notwithstanding any other provision of
law, a determination granting or denying asylum
based on changed circumstances pursuant to sub-
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section (f)(1)(A)(ii) shall be in the sole discretion of
the asylum officer.’’.
(b) CONFORMING AND CLERICAL AMENDMENTS.—
(1) The item in the table of contents relating to section
208 is amended to read as follows:
‘‘Sec. 208.
Asylum.’’.
(2) Section 104(d)(1)(A) of the Immigration Act of
1990 (Public Law 101–649) is amended by striking
‘‘208(b)’’ and inserting ‘‘208’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to applications for asylum filed
on or after such date (not later than 180 days after the
date of the enactment of this Act) as the Attorney General
shall specify.
Subtitle D—General Effective Date;
Transition Provisions
SEC. 551. GENERAL EFFECTIVE DATE.
(a) IN GENERAL.—Except as otherwise provided in
subsection (b) or in this title, this title and the amend-
ments made by this title shall take effect on October 1,
1996, and shall apply beginning with fiscal year 1997.
(b) PROVISIONS TAKING EFFECT UPON ENACT-
MENT.—Sections 523 and 554 shall take effect on the date
of the enactment of this Act.
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section 212(a) of the Immigration and Nationality Act
shall be determined under the provisions of law in effect
on the date of the issuance of such visa.
(d) CONSTRUCTION.—Nothing in this title shall be
construed as affecting the provisions of section 19 of Pub-
lic Law 97–116, section 2(c)(1) of Public Law 97–271,
or section 202(e) of Public Law 99–603.
SEC.
553.
SPECIAL
TRANSITION
FOR
CERTAIN
BACK-
LOGGED SPOUSES AND CHILDREN OF LAW-
FUL PERMANENT RESIDENT ALIENS.
(a) IN GENERAL.—(1) In addition to any immigrant
visa numbers otherwise available, 50,000 (or, if greater,
1⁄5 of the number of aliens described in paragraph (2))
immigrant visa numbers shall be made available in each
of fiscal years 1997 through 2001 for aliens who have peti-
tions approved for classification under section 203(a)(1)
of the Immigration and Nationality Act (as amended by
this title) for the fiscal year.
(2) Aliens described in this paragraph are aliens, for
whom petitions are pending as of the beginning of the fis-
cal year involved, with respect to whom the petitioning
alien became an alien admitted for lawful permanent resi-
dence through the operation of section 210 or 245A of
the Immigration and Nationality Act.
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(b) ORDER.—(1) Subject to paragraph (2), visa num-
bers under this section shall be made available in the order
in which a petition, in behalf of each such immigrant for
classification under section 203(a)(1) of the Immigration
and Nationality Act, is filed with the Attorney General
under section 204 of such Act.
(2) Visa numbers shall first be made available to
aliens for whom the petitioning alien did not become an
alien lawfully admitted for permanent residence thorough
the operation of section 210 or 245A of the Immigration
and Nationality Act.
(3) The per country numerical limitations of section
202 of such Act shall not apply with respect to visa num-
bers made available under this section, and visa numbers
made available under this section shall not be counted in
determining whether there are excess family admissions
in a fiscal year under section 201(c)(3)(B) of the Immi-
gration and Nationality Act (as amended by section
501(b) of this Act).
(c) REPORT.—The Attorney General shall submit to
Congress, by April 1, 2001, a report on the operation of
this section and the extent to which this section will, by
October 1, 2001, have resulted in visa numbers being
available to immigrants described in paragraphs (1) and
(2) of subsection (b) being available on a current basis.
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SEC. 554. SPECIAL TREATMENT OF CERTAIN DISADVAN-
TAGED
FAMILY
FIRST
PREFERENCE
IMMI-
GRANTS.
(a) DISREGARD OF PER COUNTRY LIMITS FOR LAST
HALF OF FISCAL YEAR 1996.—The per country numeri-
cal limitations specified in section 202(a) of the Immigra-
tion and Nationality Act shall not apply to immigrant
numbers made available under section 203(a)(1) of such
Act (as in effect before the date of the enactment of this
Act) on or after April 1, 1996, but only to the extent nec-
essary to assure that the priority date for aliens classified
under such section who are nationals of a country is not
earlier than the priority date for aliens classified under
section 203(a)(2)(B) of such Act for aliens who are na-
tionals of that country.
(b)
ADDITIONAL
VISA
NUMBERS
POTENTIALLY
AVAILABLE TO ASSURE EQUITABLE TREATMENT
FOR
UNMARRIED SONS AND DAUGHTERS OF UNITED STATES
CITIZENS.—
(1) IN
GENERAL.—In addition to any immi-
grant visa otherwise available, immigrant visa num-
bers shall be made available during fiscal year 1997
for disadvantaged family first preference aliens (as
defined in paragraph (2)) and for spouses and chil-
dren of such aliens who would otherwise be eligible
to immigrant status under section 203(d) of the Im-
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migration and Nationality Act in relation to such
aliens if the aliens remained entitled to immigrant
status under section 203(a) of such Act.
(2)
DISADVANTAGED
FAMILY
FIRST
PREF-
ERENCE ALIEN DEFINED.—In this subsection, the
term ‘‘disadvantaged family first preference alien’’
means an alien—
(A) with respect to whom a petition for
classification under section 203(a)(1) of the Im-
migration and Nationality Act (as in effect on
the date of the enactment of this Act) was ap-
proved as of September 30, 1996, and
(B) whose priority date, as of September
30, 1996, under such classification was earlier
than the priority date as of such date for aliens
of the same nationality with respect to whom a
petition
for
classification
under
section
203(a)(2)(B) of such Act (as in effect on such
date) had been approved.
(3) DISREGARD OF PER COUNTRY NUMERICAL
LIMITATIONS.—Additional visa numbers made avail-
able under this subsection shall not be taken into ac-
count for purposes of applying any numerical limita-
tion applicable to the country under section 202 of
such Act, and visa numbers made available under
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this subsection shall not be counted in determining
whether there are excess family admissions in a fis-
cal year under section 201(c)(3)(B) of the Immigra-
tion and Nationality Act (as amended by section
501(b) of this Act).
TITLE VI—RESTRICTIONS ON
BENEFITS FOR ALIENS
SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING
WELFARE AND IMMIGRATION.
The Congress makes the following statements con-
cerning national policy with respect to welfare and immi-
gration:
(1) Self-sufficiency has been a basic principle of
United States immigration law since this country’s
earliest immigration statutes.
(2) It continues to be the immigration policy of
the United States that—
(A) aliens within the nation’s borders not
depend on public resources to meet their needs,
but rather rely on their own capabilities and the
resources of their families, their sponsors, and
private organizations, and
(B) the availability of public benefits not
constitute an incentive for immigration to the
United States.
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(3) Despite the principle of self-sufficiency,
aliens have been applying for and receiving public
benefits from Federal, State, and local governments
at increasing rates.
(4) Current eligibility rules for public assistance
and unenforceable financial support agreements have
proved wholly incapable of assuring that individual
aliens not burden the public benefits system.
(5) It is a compelling government interest to
enact new rules for eligibility and sponsorship agree-
ments in order to assure that aliens be self-reliant
in accordance with national immigration policy.
(6) It is a compelling government interest to re-
move the incentive for illegal immigration provided
by the availability of public benefits.
(7) Where States are authorized to follow Fed-
eral eligibility rules for public assistance programs,
the Congress strongly encourages the States to
adopt the Federal eligibility rules.
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Subtitle A—Eligibility of Illegal
Aliens for Public Benefits
PART 1—PUBLIC BENEFITS GENERALLY
SEC. 601. MAKING ILLEGAL ALIENS INELIGIBLE FOR PUB-
LIC
ASSISTANCE,
CONTRACTS,
AND
LI-
CENSES.
(a)
FEDERAL
PROGRAMS.—Notwithstanding
any
other provision of law, except as provided in section 603,
any alien who is not lawfully present in the United States
shall not be eligible for any of the following:
(1) FEDERAL ASSISTANCE PROGRAMS.—To re-
ceive any benefits under any program of assistance
provided or funded, in whole or in part, by the Fed-
eral Government for which eligibility (or the amount
of assistance) is based on financial need.
(2) FEDERAL
CONTRACTS
OR
LICENSES.—To
receive any grant, to enter into any contract or loan
agreement, or to be issued (or have renewed) any
professional or commercial license, if the grant, con-
tract, loan, or license is provided or funded by any
Federal agency.
(b) STATE PROGRAMS.—Notwithstanding any other
provision of law, except as provided in section 603, any
alien who is not lawfully present in the United States shall
not be eligible for any of the following:
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(1) STATE ASSISTANCE PROGRAMS.—To receive
any benefits under any program of assistance (not
described in subsection (a)(1)) provided or funded,
in whole or in part, by a State or political subdivi-
sion of a State for which eligibility (or the amount
of assistance) is based on financial need.
(2) STATE CONTRACTS OR LICENSES.—To re-
ceive any grant, to enter into any contract or loan
agreement, or to be issued (or have renewed) any
professional or commercial license, if the grant, con-
tract, loan, or license is provided or funded by any
State agency.
(c) REQUIRING PROOF OF IDENTITY FOR FEDERAL
CONTRACTS, GRANTS, LOANS, LICENSES, AND PUBLIC
ASSISTANCE.—
(1) IN GENERAL.—In considering an applica-
tion for a Federal contract, grant, loan, or license,
or for public assistance under a program described
in paragraph (2), a Federal agency shall require the
applicant to provide proof of identity under para-
graph (3) to be considered for such Federal con-
tract, grant, loan, license, or public assistance.
(2)
PUBLIC
ASSISTANCE
PROGRAMS
COV-
ERED.—The requirement of proof of identity under
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paragraph (1) shall apply to the following Federal
public assistance programs:
(A) SSI.—The supplemental security in-
come program under title XVI of the Social Se-
curity Act, including State supplementary bene-
fits programs referred to in such title.
(B) AFDC.—The program of aid to fami-
lies with dependent children under part A or E
of title IV of the Social Security Act.
(C) SOCIAL SERVICES BLOCK GRANT.—The
program of block grants to States for social
services under title XX of the Social Security
Act.
(D) MEDICAID.—The program of medical
assistance under title XIX of the Social Secu-
rity Act.
(E) FOOD STAMPS.—The program under
the Food Stamp Act of 1977.
(F) HOUSING ASSISTANCE.—Financial as-
sistance as defined in section 214(b) of the
Housing and Community Development Act of
1980.
(3) DOCUMENTS THAT SHOW PROOF OF IDEN-
TITY.—Any one of the documents listed under this
paragraph may be used as proof of identity under
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this subsection. Any such document shall be current
and valid. No other document or documents shall be
sufficient to prove identity.
(A) United States passport (either current
or expired if issued both within the previous 20
years and after the individual attained 18 years
of age).
(B) Resident alien card.
(C) State driver’s license, if presented with
the individual’s social security account number
card.
(D) State identity card, if presented with
the individual’s social security account number
card.
(d)
AUTHORIZATION
FOR
STATES
TO
REQUIRE
PROOF OF ELIGIBILITY FOR STATE PROGRAMS.—In con-
sidering an application for contracts, grants, loans, li-
censes, or public assistance under any State program, a
State is authorized to require the applicant to provide
proof of eligibility to be considered for such State con-
tracts, grants, loans, licenses, or public assistance.
SEC.
602.
MAKING
UNAUTHORIZED
ALIENS
INELIGIBLE
FOR UNEMPLOYMENT BENEFITS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no unemployment benefits shall be payable
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(in whole or in part) out of Federal funds to the extent
the benefits are attributable to any employment of the
alien in the United States for which the alien was not
granted employment authorization pursuant to Federal
law.
(b) PROCEDURES.—Entities responsible for providing
unemployment benefits subject to the restrictions of this
section shall make such inquiries as may be necessary to
assure that applicants for such benefits are eligible con-
sistent with this section.
SEC. 603. GENERAL EXCEPTIONS.
Sections 601 and 602 shall not apply to the following:
(1) EMERGENCY MEDICAL SERVICES.—The pro-
vision of emergency medical services (as defined by
the Attorney General in consultation with the Sec-
retary of Health and Human Services).
(2) PUBLIC HEALTH IMMUNIZATIONS.—Public
health assistance for immunizations with respect to
immunizable diseases and for testing and treatment
for communicable diseases.
(3) SHORT-TERM
EMERGENCY
DISASTER
RE-
LIEF.—The provision of non-cash, in-kind, short-
term emergency disaster relief.
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Title VI, Subtitle A
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SEC. 604. TREATMENT OF EXPENSES SUBJECT TO EMER-
GENCY MEDICAL SERVICES EXCEPTION.
(a) IN GENERAL.—Subject to such amounts as are
provided in advance in appropriation Acts, each State or
local government that provides emergency medical services
(as defined for purposes of section 603(1)) through a pub-
lic hospital or other public facility to an individual who
is an alien not lawfully present in the United States is
entitled to receive payment from the Federal Government
of its costs of providing such services, but only to the ex-
tent that such costs are not otherwise reimbursed through
any other Federal program and cannot be recovered from
the alien or another person.
(b) CONFIRMATION OF IMMIGRATION STATUS RE-
QUIRED.—No payment shall be made under this section
with respect to services furnished to an individual unless
the identity and immigration status of the individual has
been verified with the Immigration and Naturalization
Service in accordance with procedures established by the
Attorney General.
(c) ADMINISTRATION.—This section shall be adminis-
tered by the Attorney General, in consultation with the
Secretary of Health and Human Services.
(d) EFFECTIVE DATE.—Subsection (a) shall not
apply to emergency medical services furnished before Oc-
tober 1, 1995.
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SEC.
605.
REPORT
ON
DISQUALIFICATION
OF
ILLEGAL
ALIENS
FROM
HOUSING
ASSISTANCE
PRO-
GRAMS.
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Housing and Urban
Development shall submit a report to the Committees on
the Judiciary of the House of Representatives and of the
Senate, the Committee on Banking of the House of Rep-
resentatives, and the Committee on Banking, Housing,
and Urban Affairs of the Senate, describing the manner
in which the Secretary is enforcing section 214 of the
Housing and Community Development Act of 1980. The
report shall contain statistics with respect to the number
of aliens denied financial assistance under such section.
SEC. 606. DEFINITIONS.
For purposes of this part:
(1) LAWFUL PRESENCE.—The determination of
whether an alien is lawfully present in the United
States shall be made in accordance with regulations
of the Attorney General. An alien shall not be con-
sidered to be lawfully present in the United States
for purposes of this title merely because the alien
may be considered to be permanently residing in the
United States under color of law for purposes of any
particular program.
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(2) STATE.—The term ‘‘State’’ includes the
District of Columbia, Puerto Rico, the Virgin Is-
lands, Guam, the Northern Mariana Islands, and
American Samoa.
SEC. 607. REGULATIONS AND EFFECTIVE DATES.
(a) REGULATIONS.—The Attorney General shall first
issue regulations to carry out this part (other than section
605) by not later than 60 days after the date of the enact-
ment of this Act. Such regulations shall take effect on an
interim basis, pending changes based on public comment.
(b) EFFECTIVE DATE FOR RESTRICTIONS ON ELIGI-
BILITY FOR PUBLIC BENEFITS.—(1) Except as provided
in this subsection, section 601 shall apply to benefits pro-
vided, contracts or loan agreements entered into, and pro-
fessional and commercial licenses issued (or renewed) on
or after such date as the Attorney General specifies in reg-
ulations under subsection (a). Such date shall be at least
30 days, and not more than 60 days, after the date the
Attorney General first issues such regulations.
(2) The Attorney General, in carrying out section
601(a)(2), may permit such section to be waived in the
case of individuals for whom an application for the grant,
contract, loan, or license is pending (or approved) as of
a date that is on or before the effective date specified
under paragraph (1).
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(c) EFFECTIVE DATE FOR RESTRICTIONS ON ELIGI-
BILITY FOR UNEMPLOYMENT BENEFITS.—(1) Except as
provided in this subsection, section 602 shall apply to un-
employment benefits provided on or after such date as the
Attorney General specifies in regulations under subsection
(a). Such date shall be at least 30 days, and not more
than 60 days, after the date the Attorney General first
issues such regulations.
(2) The Attorney General, in carrying out section
602, may permit such section to be waived in the case
of an individual during a continuous period of unemploy-
ment for whom an application for unemployment benefits
is pending as of a date that is on or before the effective
date specified under paragraph (1).
(d) BROAD DISSEMINATION OF INFORMATION.—Be-
fore the effective dates specified in subsections (b) and (c),
the Attorney General shall broadly disseminate informa-
tion regarding the restrictions on eligibility established
under this part.
PART 2—EARNED INCOME TAX CREDIT
SEC. 611. EARNED INCOME TAX CREDIT DENIED TO INDI-
VIDUALS
NOT
AUTHORIZED
TO
BE
EM-
PLOYED IN THE UNITED STATES.
(a) IN GENERAL.—Section 32(c)(1) of the Internal
Revenue Code of 1986 (relating to individuals eligible to
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Title VI, Subtitle A
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claim the earned income tax credit) is amended by adding
at the end the following new subparagraph:
‘‘(F) IDENTIFICATION NUMBER REQUIRE-
MENT.—The term ‘eligible individual’ does not
include any individual who does not include on
the return of tax for the taxable year—
‘‘(i) such individual’s taxpayer identi-
fication number, and
‘‘(ii) if the individual is married (with-
in the meaning of section 7703), the tax-
payer identification number of such indi-
vidual’s spouse.’’
(b) SPECIAL IDENTIFICATION NUMBER.—Section 32
of the Internal Revenue Code of 1986 (relating to earned
income) is amended by adding at the end the following
new subsection:
‘‘(k) IDENTIFICATION NUMBERS.—For purposes of
subsections (c)(1)(F) and (c)(3)(D), a taxpayer identifica-
tion number means a social security number issued to an
individual by the Social Security Administration (other
than a social security number issued pursuant to clause
(II) (or that portion of clause (III) that relates to clause
(II)) of section 205(c)(2)(B)(i) of the Social Security
Act).’’
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Title VI, Subtitle B
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(c) EXTENSION OF PROCEDURES APPLICABLE TO
MATHEMATICAL
OR
CLERICAL
ERRORS.—Section
6213(g)(2) of the Internal Revenue Code of 1986 (relating
to the definition of mathematical or clerical errors) is
amended by striking ‘‘and’’ at the end of subparagraph
(D), by striking the period at the end of subparagraph
(E) and inserting ‘‘, and’’, and by inserting after subpara-
graph (E) the following new subparagraph:
‘‘(F) an omission of a correct taxpayer
identification number required under section 23
(relating to credit for families with younger
children) or section 32 (relating to the earned
income tax credit) to be included on a return.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 1995.
Subtitle B—Expansion of Disquali-
fication From Immigration Ben-
efits
on
the
Basis
of
Public
Charge
SEC. 621. GROUND FOR INADMISSIBILITY.
(a) IN GENERAL.—Paragraph (4) of section 212(a)
(8 U.S.C. 1182(a)) is amended to read as follows:
‘‘(4) PUBLIC CHARGE.—
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Title VI, Subtitle B
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‘‘(A) FAMILY-SPONSORED
IMMIGRANTS.—
Any alien who seeks admission or adjustment of
status under a visa number issued under sec-
tion 203(a), who cannot demonstrate to the
consular officer at the time of application for a
visa, or to the Attorney General at the time of
application for admission or adjustment of sta-
tus, that the alien’s age, health, family status,
assets, resources, financial status, education,
skills, or a combination thereof, or an affidavit
of support described in section 213A, or both,
make it unlikely that the alien will become a
public charge (as determined under section
241(a)(5)(B)) is inadmissible.
‘‘(B)
NONIMMIGRANTS.—Any
alien
who
seeks admission under a visa number issued
under section 214, who cannot demonstrate to
the consular officer at the time of application
for the visa that the alien’s age, health, family
status, assets, resources, financial status, edu-
cation, skills or a combination thereof, or an af-
fidavit of support described in section 213A, or
both, make it unlikely that the alien will become
a public charge (as determined under section
241(a)(B)(5)) is inadmissible.
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‘‘(C) EMPLOYMENT-BASED IMMIGRANTS.—
‘‘(i) IN
GENERAL.—Any alien who
seeks admission or adjustment of status
under a visa number issued under para-
graph (2) or (3) of section 203(b) who
cannot demonstrate to the consular officer
at the time of application for a visa, or to
the Attorney General at the time of appli-
cation for admission or adjustment of sta-
tus, that the immigrant has a valid offer of
employment is inadmissible.
‘‘(ii)
CERTAIN
EMPLOYMENT-BASED
IMMIGRANTS.—Any alien who seeks admis-
sion or adjustment of status under a visa
number issued under section 203(b) by vir-
tue of a classification petition filed by a
relative of the alien (or by an entity in
which such relative has a significant own-
ership interest) is inadmissible unless such
relative has executed an affidavit of sup-
port described in section 213A with respect
to such alien.’’.
(b) EFFECTIVE DATE.—(1) Subject to paragraph
(2), the amendment made by subsection (a) shall apply
to applications submitted on or after such date, not earlier
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than 30 days and not later than 60 days after the date
the Attorney General promulgates under section 632(f) a
standard form for an affidavit of support, as the Attorney
General shall specify.
(2) Section 212(a)(4)(C)(i) of the Immigration and
Nationality Act, as amended by subsection (a), shall apply
only to aliens seeking admission or adjustment of status
under a visa number issued on or after October 1, 1996.
SEC. 622. GROUND FOR DEPORTABILITY.
(a) IN GENERAL.—Paragraph (5) of section 241(a)
(8 U.S.C. 1251(a)) is amended to read as follows:
‘‘(5) PUBLIC CHARGE.—
‘‘(A) IN GENERAL.—Any alien who, within
7 years after the date of entry or admission, be-
comes a public charge is deportable.
‘‘(B) EXCEPTIONS.—(i) Subparagraph (A)
shall not apply if the alien establishes that the
alien has become a public charge from causes
that arose after entry or admission. A condition
that the alien knew (or had reason to know)
existed at the time of entry or admission shall
be deemed to be a cause that arose before entry
or admission.
‘‘(ii) The Attorney General, in the discre-
tion of the Attorney General, may waive the ap-
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plication of subparagraph (A) in the case of an
alien who is admitted as a refugee under sec-
tion 207 or granted asylum under section 208.
‘‘(C) INDIVIDUALS
TREATED
AS
PUBLIC
CHARGE.—For purposes of this title, an alien is
deemed to be a ‘public charge’ if the alien re-
ceives benefits (other than benefits described in
subparagraph (E)) under one or more of the
public assistance programs described in sub-
paragraph (D) for an aggregate period of at
least 12 months within 7 years after the date
of entry. The previous sentence shall not be
construed as excluding any other bases for con-
sidering an alien to be a public charge, includ-
ing bases in effect on the day before the date
of the enactment of the Immigration in the Na-
tional Interest Act of 1995. The Attorney Gen-
eral, in consultation with the Secretary of
Health and Human Services, shall establish
rules regarding the counting of health benefits
described in subparagraph (D)(iv) for purposes
of this subparagraph.
‘‘(D) PUBLIC
ASSISTANCE
PROGRAMS.—
For purposes of subparagraph (B), the public
assistance programs described in this subpara-
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graph are the following (and include any suc-
cessor to such a program as identified by the
Attorney General in consultation with other ap-
propriate officials):
‘‘(i) SSI.—The supplemental security
income program under title XVI of the So-
cial Security Act, including State supple-
mentary benefits programs referred to in
such title.
‘‘(ii) AFDC.—The program of aid to
families
with
dependent
children
under
part A or E of title IV of the Social Secu-
rity Act.
‘‘(iii)
SOCIAL
SERVICES
BLOCK
GRANT.—The program of block grants to
States for social services under title XX of
the Social Security Act.
‘‘(iv)
MEDICAID.—The
program
of
medical assistance under title XIX of the
Social Security Act.
‘‘(v)
FOOD
STAMPS.—The
program
under the Food Stamp Act of 1977.
‘‘(vi) STATE GENERAL CASH ASSIST-
ANCE.—A program of general cash assist-
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ance of any State or political subdivision of
a State.
‘‘(vii) HOUSING ASSISTANCE.—Finan-
cial assistance as defined in section 214(b)
of the Housing and Community Develop-
ment Act of 1980.
‘‘(E) CERTAIN ASSISTANCE EXCEPTED.—
For purposes of subparagraph (B), an alien
shall not be considered to be a public charge on
the basis of receipt of any of the following bene-
fits:
‘‘(i)
EMERGENCY
MEDICAL
SERV-
ICES.—The provision of emergency medical
services (as defined by the Attorney Gen-
eral in consultation with the Secretary of
Health and Human Services).
‘‘(ii)
PUBLIC
HEALTH
IMMUNIZA-
TIONS.—Public health assistance for im-
munizations with respect to immunizable
diseases and for testing and treatment for
communicable diseases.
‘‘(iii) SHORT-TERM EMERGENCY DIS-
ASTER
RELIEF.—The provision of non-
cash, in-kind, short-term emergency disas-
ter relief.’’.
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(b) EFFECTIVE DATE.—(1) The amendment made by
subsection (a) shall take effect as of the first day of the
first month beginning at least 30 days after the date of
the enactment of this Act.
(2) In applying section 241(a)(5)(C) of the Immigra-
tion and Nationality Act, as amended by subsection (a),
no receipt of benefits under a public assistance program
before the effective date described in paragraph (1) shall
be taken into account.
Subtitle C—Attribution of Income
and Affidavits of Support
SEC. 631. ATTRIBUTION OF SPONSOR’S INCOME AND RE-
SOURCES
TO
FAMILY-SPONSORED
IMMI-
GRANTS.
(a)
FEDERAL
PROGRAMS.—Notwithstanding
any
other provision of law, in determining the eligibility and
the amount of benefits of an alien for any Federal means-
tested public benefits program (as defined in subsection
(d)) the income and resources of the alien shall be deemed
to include—
(1) the income and resources of any individual
who executed an affidavit of support pursuant to
section 213A of the Immigration and Nationality
Act (as inserted by section 632(a)) in behalf of such
alien, and
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(2) the income and resources of the spouse (if
any) of the individual.
(b) PERIOD OF ATTRIBUTION.—
(1) PARENTS OF UNITED STATES CITIZENS.—
Subsection (a) shall apply with respect to an alien
who is admitted to the United States as the parent
of a United States citizen under section 512 until
the alien is naturalized as a citizen of the United
States.
(2) SPOUSES OF UNITED STATES CITIZENS AND
LAWFUL
PERMANENT
RESIDENTS.—Subsection (a)
shall apply with respect to an alien who is admitted
to the United States as the spouse of a United
States citizen or lawful permanent resident under
section 511 or section 512 until—
(A) 7 years after the date the alien is law-
fully admitted to the United States for perma-
nent residence, or
(B) the alien is naturalized as a citizen of
the United States,
whichever occurs first.
(3) MINOR CHILDREN OF UNITED STATES CITI-
ZENS AND LAWFUL PERMANENT RESIDENTS.—Sub-
section (a) shall apply with respect to an alien who
is admitted to the United States as the minor child
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of a United States citizen or lawful permanent resi-
dent under section 511 or section 512 until the child
attains the age of 21 years or, if earlier, the date
the child is naturalized as a citizen of the United
States.
(4) ATTRIBUTION OF SPONSOR’S INCOME AND
RESOURCES ENDED IF SPONSORED ALIEN BECOMES
ELIGIBLE FOR OLD-AGE BENEFITS UNDER TITLE II
OF THE SOCIAL SECURITY ACT.—
(A) Notwithstanding any other provision of
this section, subsection (a) shall not apply and
the period of attribution of a sponsor’s income
and resources under this subsection shall termi-
nate if the alien is employed for a period suffi-
cient to qualify for old age benefits under title
II of the Social Security Act and the alien is
able to prove to the satisfaction of the Attorney
General that the alien qualifies.
(B) The Attorney General shall ensure
that appropriate information pursuant to sub-
paragraph (A) is provided to the System for
Alien Verification of Eligibility (SAVE).
(c) OPTIONAL APPLICATION TO STATE PROGRAMS.—
(1) AUTHORITY.—Notwithstanding any other
provision of law, in determining the eligibility and
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the amount of benefits of an alien for any State
means-tested public benefits program, the State or
political subdivision that offers the program is au-
thorized to provide that the income and resources of
the alien shall be deemed to include—
(A) the income and resources of any indi-
vidual who executed an affidavit of support pur-
suant to section 213A of the Immigration and
Nationality Act (as inserted by section 632(a))
in behalf of such alien, and
(B) the income and resources of the spouse
(if any) of the individual.
(2) PERIOD OF ATTRIBUTION.—The period of
attribution of a sponsor’s income and resources in
determining the eligibility and amount of benefits
for an alien under any State means-tested public
benefits program pursuant to paragraph (1) may not
exceed the Federal period of attribution with respect
to the alien.
(d) MEANS-TESTED PROGRAM DEFINED.—In this
section:
(1) The term ‘‘means-tested public benefits pro-
gram’’ means a program of public benefits (includ-
ing cash, medical, housing, and food assistance and
social services) of the Federal Government or of a
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State or political subdivision of a State in which the
eligibility of an individual, household, or family eligi-
bility unit for benefits under the program, or the
amount of such benefits, or both are determined on
the basis of income, resources, or financial need of
the individual, household, or unit.
(2) The term ‘‘Federal means-tested public ben-
efits program’’ means a means-tested public benefits
program of (or contributed to by) the Federal Gov-
ernment.
(3) The term ‘‘State means-tested public bene-
fits program’’ means a means-tested public benefits
program that is not a Federal means-tested pro-
gram.
SEC. 632. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF
SUPPORT.
(a) IN GENERAL.—Title II is amended by inserting
after section 213 the following new section:
‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT
‘‘SEC. 213A. (a) ENFORCEABILITY.—(1) No affidavit
of support may be accepted by the Attorney General or
by any consular officer to establish that an alien is not
inadmissible as a public charge under section 212(a)(4)
unless such affidavit is executed by a sponsor of the alien
as a contract—
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‘‘(A) that is legally enforceable against the
sponsor by the Federal Government and by any
State (or any political subdivision of such State)
that provides any means-tested public benefits pro-
gram, until the expiration of the 10-year period de-
scribed in subsection (b)(4); and
‘‘(B) in which the sponsor agrees to submit to
the jurisdiction of any Federal or State court for the
purpose of actions brought under subsection (b)(2).
‘‘(2)(A) An affidavit of support shall be enforceable
with respect to benefits provided under any means-tested
public benefits program for an alien who is admitted to
the United States as the parent of a United States citizen
under section 512 until the alien is naturalized as a citizen
of the United States.
‘‘(B) An affidavit of support shall be enforceable with
respect to benefits provided under any means-tested public
benefits program for an alien who is admitted to the Unit-
ed States as the spouse of a United States citizen or lawful
permanent resident under section 511 or section 512
until—
‘‘(i) 7 years after the date the alien is lawfully
admitted to the United States for permanent resi-
dence, or
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‘‘(ii) such time as the alien is naturalized as a
citizen of the United States,
whichever occurs first.
‘‘(C) An affidavit of support shall be enforceable with
respect to benefits provided under any means-tested public
benefits program for an alien who is admitted to the Unit-
ed States as the minor child of a United States citizen
or lawful permanent resident under section 511 or section
512 until the child attains the age of 21 years.
‘‘(D)(i) Notwithstanding any other provision of this
subparagraph, a sponsor shall be relieved of any liability
under an affidavit of support if the sponsored alien is em-
ployed for a period sufficient to qualify for old age benefits
under title II of the Social Security Act and the sponsor
or alien is able to prove to the satisfaction of the Attorney
General that the alien qualifies.
‘‘(ii) The Attorney General shall ensure that appro-
priate information pursuant to clause (i) is provided to
the System for Alien Verification of Eligibility (SAVE).
‘‘(b)
REIMBURSEMENT
OF
GOVERNMENT
EX-
PENSES.—(1)(A) Upon notification that a sponsored alien
has received any benefit under any means-tested public
benefits program, the appropriate Federal, State, or local
official shall request reimbursement by the sponsor in the
amount of such assistance.
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Title VI, Subtitle C
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‘‘(B) The Attorney General, in consultation with the
Secretary of Health and Human Services, shall prescribe
such regulations as may be necessary to carry out sub-
paragraph (A).
‘‘(2) If within 45 days after requesting reimburse-
ment, the appropriate Federal, State, or local agency has
not received a response from the sponsor indicating a will-
ingness to commence payments, an action may be brought
against the sponsor pursuant to the affidavit of support.
‘‘(3) If the sponsor fails to abide by the repayment
terms established by such agency, the agency may, within
60 days of such failure, bring an action against the spon-
sor pursuant to the affidavit of support.
‘‘(4) No cause of action may be brought under this
subsection later than 10 years after the alien last received
any benefit under any means-tested public benefits pro-
gram.
‘‘(5) If, pursuant to the terms of this subsection, a
Federal, State, or local agency requests reimbursement
from the sponsor in the amount of assistance provided,
or brings an action against the sponsor pursuant to the
affidavit of support, the appropriate agency may appoint
or hire an individual or other person to act on behalf of
such agency acting under the authority of law for purposes
of collecting any moneys owed. Nothing in this subsection
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shall preclude any appropriate Federal, State, or local
agency from directly requesting reimbursement from a
sponsor for the amount of assistance provided, or from
bringing an action against a sponsor pursuant to an affi-
davit of support.
‘‘(c) REMEDIES.—Remedies available to enforce an
affidavit of support under this section include any or all
of the remedies described in section 3201, 3203, 3204,
or 3205 of title 28, United States Code, as well as an
order for specific performance and payment of legal fees
and other costs of collection, and include corresponding
remedies available under State law. A Federal agency may
seek to collect amounts owed under this section in accord-
ance with the provisions of subchapter II of chapter 37
of title 31, United States Code.
‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—(1)
The sponsor of an alien shall notify the Federal Govern-
ment and the State in which the sponsored alien is cur-
rently residing within 30 days of any change of address
of the sponsor during the period specified in subsection
(a)(1).
‘‘(2) Any person subject to the requirement of para-
graph (1) who fails to satisfy such requirement shall be
subject to a civil penalty of—
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‘‘(A) not less than $250 or more than $2,000,
or
‘‘(B) if such failure occurs with knowledge that
the sponsored alien has received any benefit under
any means-tested public benefits program, not less
than $2,000 or more than $5,000.
‘‘(e) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) SPONSOR.—The term ‘sponsor’ means,
with respect to an alien, an individual who—
‘‘(A) is a citizen or national of the United
States or an alien who is lawfully admitted to
the United States for permanent residence;
‘‘(B) is 18 years of age or over;
‘‘(C) is domiciled in any State;
‘‘(D) demonstrates, through presentation
of a certified copy of a tax return or otherwise,
the means to maintain an annual income equal
to at least 200 percent of the poverty level for
the individual and the individual’s family (in-
cluding the alien and any other aliens with re-
spect to whom the individual is a sponsor); and
‘‘(E) is petitioning for the admission of the
alien under section 204.
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‘‘(2)
FEDERAL
POVERTY
LINE.—The
term
‘Federal poverty line’ means the income official pov-
erty line (as defined by the Office of Management
and Budget and revised annually in accordance with
section 673(2) of the Omnibus Budget Reconcili-
ation Act of 1981) that is applicable to a family of
the size involved.
‘‘(3) MEANS-TESTED
PUBLIC
BENEFITS
PRO-
GRAM.—The term ‘means-tested public benefits pro-
gram’ means a program of public benefits (including
cash, medical, housing, and food assistance and so-
cial services) of the Federal Government or of a
State or political subdivision of a State in which the
eligibility of an individual, household, or family eligi-
bility unit for benefits under the program, or the
amount of such benefits, or both are determined on
the basis of income, resources, or financial need of
the individual, household, or unit.’’.
(b)
REQUIREMENT
OF
AFFIDAVIT
OF
SUPPORT
FROM EMPLOYMENT SPONSORS.—For requirement for af-
fidavit of support from individuals who file classification
petitions for a relative as an employment-based immi-
grant, see the amendment made by section 621(a).
(c) SETTLEMENT OF CLAIMS PRIOR TO NATURALIZA-
TION.—Section 316(a) (8 U.S.C. 1427(a)) is amended—
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Title VI, Subtitle C
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(1) by striking ‘‘and’’ before ‘‘(3)’’, and
(2) by inserting before the period at the end the
following: ‘‘, and (4) in the case of an applicant that
has received assistance under a means-tested public
benefits program (as defined in subsection (f)(3) of
section 213A) administered by a Federal, State, or
local agency and with respect to which amounts may
be owing under an affidavit of support executed
under such section, provides satisfactory evidence
that there are no outstanding amounts that may be
owed to any such Federal, State, or local agency
pursuant to such affidavit by the sponsor who exe-
cuted such affidavit’’.
(d) CLERICAL AMENDMENT.—The table of contents
of such Act is amended by inserting after the item relating
to section 213 the following:
‘‘Sec. 213A.
Requirements for sponsor’s affidavit of support.’’.
(e) EFFECTIVE DATE.—Subsection (a) of section
213A of the Immigration and Nationality Act, as inserted
by subsection (a) of this section, shall apply to affidavits
of support executed on or after a date specified by the
Attorney General, which date shall be not earlier than 60
days (and not later than 90 days) after the date the Attor-
ney General formulates the form for such affidavits under
subsection (f) of this section.
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(f) PROMULGATION OF FORM.—Not later than 90
days after the date of the enactment of this Act, the Attor-
ney General, in consultation with the Secretary of State
and the Secretary of Health and Human Services, shall
promulgate a standard form for an affidavit of support
consistent with the provisions of section 213A of the Im-
migration and Nationality Act.
TITLE VII—FACILITATION OF
LEGAL ENTRY
SEC. 701. ADDITIONAL LAND BORDER INSPECTORS; INFRA-
STRUCTURE IMPROVEMENTS.
(a) INCREASED PERSONNEL.—
(1) IN GENERAL.—In order to eliminate undue
delay in the thorough inspection of persons and vehi-
cles lawfully attempting to enter the United States,
the Attorney General and Secretary of the Treasury
shall increase, by approximately equal numbers in
each of the fiscal years 1996 and 1997, the number
of full-time land border inspectors assigned to active
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 border crossing lanes now in use, under
construction, or whose construction has been author-
ized by Congress.
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(2) DEPLOYMENT OF PERSONNEL.—The Attor-
ney General and the Secretary of the Treasury shall,
to the maximum extent practicable, ensure that the
personnel hired pursuant to this subsection shall be
deployed among the various Immigration and Natu-
ralization Service sectors in proportion to the num-
ber of land border crossings measured in each such
sector during the preceding fiscal year.
(b) IMPROVED INFRASTRUCTURE.—
(1) IN GENERAL.—The Attorney General may,
from time to time, in consultation with the Secretary
of the Treasury, identify those physical improve-
ments to the infrastructure of the international land
borders of the United States necessary to expedite
the inspection of persons and vehicles attempting to
lawfully enter the United States in accordance with
existing policies and procedures of the Immigration
and Naturalization Service, the United States Cus-
toms Service, and the Drug Enforcement Agency.
(2) PRIORITIES.—Such improvements to the in-
frastructure of the land border of the United States
shall be substantially completed and fully funded in
those portions of the United States where the Attor-
ney General, in consultation with the Committees on
the Judiciary of the House of Representatives and
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the Senate, objectively determines the need to be
greatest or most immediate before the Attorney Gen-
eral may obligate funds for construction of any im-
provement otherwise located.
SEC. 702. COMMUTER LANE PILOT PROGRAMS.
(a) MAKING LAND BORDER INSPECTION FEE PER-
MANENT.—Section 286(q) (8 U.S.C. 1356(q)) is amend-
ed—
(1) in paragraph (1), by striking ‘‘a project’’
and inserting ‘‘projects’’;
(2)
in
paragraph
(1),
by
striking
‘‘Such
project’’ and inserting ‘‘Such projects’’; and
(3) by striking paragraph (5).
(b) CONFORMING AMENDMENT.—The Departments
of Commerce, Justice, and State, the Judiciary, and Re-
lated Agencies Appropriation Act, 1994 (Public Law 103–
121, 107 Stat. 1161) is amended by striking the fourth
proviso under the heading ‘‘Immigration and Naturaliza-
tion Service, Salaries and Expenses’’.
SEC. 703. PREINSPECTION AT FOREIGN AIRPORTS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 235 the following
new section:
‘‘PREINSPECTION AT FOREIGN AIRPORTS
‘‘SEC.
235A.
(a)
ESTABLISHMENT
OF
PRE-
INSPECTION STATIONS.—(1) Subject to paragraph (4),
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not later than 2 years after the date of the enactment of
this section, the Attorney General, in consultation with the
Secretary
of
State,
shall
establish
and
maintain
preinspection stations in at least 5 of the foreign airports
that are among the 10 foreign airports which the Attorney
General identifies as serving as last points of departure
for the greatest numbers of passengers who arrive from
abroad by air at ports of entry within the United States.
Such preinspection stations shall be in addition to any
preinspection stations established prior to the date of the
enactment of this section.
‘‘(2) Not later than November 1, 1995, and each sub-
sequent November 1, the Attorney General shall compile
data identifying—
‘‘(A) the foreign airports which served as last
points of departure for aliens who arrived by air at
United States ports of entry without valid docu-
mentation during the preceding fiscal years,
‘‘(B) the number and nationality of such aliens
arriving from each such foreign airport, and
‘‘(C) the primary routes such aliens followed
from their country of origin to the United States.
‘‘(3) Subject to paragraph (4), not later than 4 years
after the date of enactment of this section, the Attorney
General, in consultation with the Secretary of State, shall
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establish preinspection stations in at least 5 additional for-
eign airports which the Attorney General, in consultation
with the Secretary of State, determines based on the data
compiled under paragraph (2) and such other information
as may be available would most effectively reduce the
number of aliens who arrive from abroad by air at points
of entry within the United States without valid docu-
mentation. Such preinspection stations shall be in addition
to those established prior to or pursuant to paragraph (1).
‘‘(4) Prior to the establishment of a preinspection
station the Attorney General, in consultation with the Sec-
retary of State, shall ensure that—
‘‘(A) employees of the United States stationed
at the preinspection station and their accompanying
family members will receive appropriate protection,
‘‘(B) such employees and their families will not
be subject to unreasonable risks to their welfare and
safety, and
‘‘(C) the country in which the preinspection sta-
tion is to be established maintains practices and pro-
cedures with respect to asylum seekers and refugees
in accordance with the Convention Relating to the
Status of Refugees (done at Geneva, July 28, 1951),
or the Protocol Relating to the Status of Refugees
(done at New York, January 31, 1967).
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‘‘(b) ESTABLISHMENT
OF CARRIER CONSULTANT
PROGRAM.—The Attorney General shall assign additional
immigration officers to assist air carriers in the detection
of fraudulent documents at foreign airports which, based
on the records maintained pursuant to subsection (a)(2),
served as a point of departure for a significant number
of arrivals at United States ports of entry without valid
documentation, but where no preinspection station ex-
ists.’’.
(c) CLERICAL AMENDMENT.—The table of contents
is amended by inserting after the item relating to section
235 the following new item:
‘‘Sec. 235A.
Preinspection at foreign airports.’’.
SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETEC-
TION OF FRAUDULENT DOCUMENTS.
(a) USE OF FUNDS.—Section 286(h)(2)(A) (8 U.S.C.
1356(h)(2)(A)) is amended—
(1) in clause (iv), by inserting ‘‘, including
training of, and technical assistance to, commercial
airline personnel regarding such detection’’ after
‘‘United States’’, and
(2) by adding at the end the following:
‘‘The Attorney General shall provide for expenditures for
training and assistance described in clause (iv) in an
amount, for any fiscal year, not less than 5 percent of
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the total of the expenses incurred that are described in
the previous sentence.’’.
(b)
COMPLIANCE
WITH
DETECTION
REGULA-
TIONS.—Section 212(f) (8 U.S.C. 1182(f)) is amended by
adding at the end the following: ‘‘Whenever the Attorney
General finds that a commercial airline has failed to com-
ply with regulations of the Attorney General relating to
requirements of airlines for the detection of fraudulent
documents used by passengers traveling to the United
States (including the training of personnel in such detec-
tion), the Attorney General may suspend the entry of some
or all aliens transported to the United States by such air-
line.’’.
(c) EFFECTIVE DATES.—
(1) The amendments made by subsection (a)
shall apply to expenses incurred during or after fis-
cal year 1996.
(2) The Attorney General shall first issue, in
proposed form, regulations referred to in the second
sentence of section 212(f) of the Immigration and
Nationality Act, as added by the amendment made
by subsection (b), by not later than 90 days after
the date of the enactment of this Act.
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TITLE VIII—MISCELLANEOUS
PROVISIONS
SEC. 801. AMENDED DEFINITION OF AGGRAVATED FELONY.
(a) IN GENERAL.—Section 101(a)(43) (8 U.S.C.
1101(a)(43)), as amended by section 222 of the Immigra-
tion and Nationality Technical Corrections Act of 1994
(Public Law 103–416), is amended—
(1) in subparagraph (N), by striking ‘‘of title
18, United States Code’’ and inserting ‘‘of this Act’’,
and
(2) in subparagraph (O), by striking ‘‘which
constitutes’’ and all that follows up to the semicolon
at the end and inserting ‘‘, for the purpose of com-
mercial advantage’’.
(b) EFFECTIVE DATE
OF CONVICTION.—Section
101(a)(43) (8 U.S.C. 1101(a)(43)), as amended by section
222(b) of the Immigration and Nationality Technical Cor-
rections Act of 1994 (Public Law 103–416), is amended
by adding at the end the following sentence: ‘‘Notwith-
standing any other provision of law, the term applies for
all purposes to convictions entered before, on, or after the
date of enactment of the Immigration and Nationality
Technical Corrections Act of 1994.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall be effective as if included in the enact-
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ment of the Immigration and Nationality Technical Cor-
rections Act of 1994 (Public Law 103–416).
SEC. 802. AMENDED DEFINITIONS OF ‘‘CHILD’’ AND ‘‘PAR-
ENT’’
TO
FACILITATE
ADOPTION
OF
CHIL-
DREN BORN OUT-OF-WEDLOCK.
(a)
IN
GENERAL.—Section
101(b)
(8
U.S.C.
1101(b)(1) is amended—
(1) in paragraph (1)(A), by striking ‘‘a legiti-
mate child’’ and inserting ‘‘a child born in wedlock’’,
and
(2) by paragraphs (1)(D) and (2), by striking
‘‘an illegitimate child’’ and inserting ‘‘a child born
out of wedlock’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING
PROCEDURES.
(a)
IN
GENERAL.—Section
202(a)
(8
U.S.C.
1152(a)) is amended—
(1) in paragraph (1), by striking ‘‘paragraph
(2)’’ and inserting ‘‘paragraphs (2) and (5)’’, and
(2) by adding at the end the following new
paragraph:
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‘‘(5) CONSTRUCTION.—Nothing in paragraph
(1) shall be construed to limit the authority of the
Secretary of State to determine the procedures for
the processing of immigrant visa applications or the
locations where such applications will be processed.’’.
(b) ELIMINATION
OF CONSULATE SHOPPING
FOR
VISA OVERSTAYS.—Section 222 (8 U.S.C. 1202) is
amended by adding at the end the following new sub-
section:
‘‘(g) In the case of an alien who has entered and re-
mained in the United States beyond the authorized period
of stay, the alien is not eligible to be admitted to the Unit-
ed States as a nonimmigrant on the basis of a visa issued
other than in a consular office located in the country of
the alien’s nationality (or, if there is no office in such
country, at such other consular office as the Secretary of
State shall specify).’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to visas issued before, on, or after
the date of the enactment of this Act.
SEC. 804. WAIVER AUTHORITY CONCERNING NOTICE OF
DENIAL OF APPLICATION FOR VISAS.
Section 212(b) (8 U.S.C. 1182(b)) is amended—
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
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(2) by striking ‘‘If’’ and inserting ‘‘(1) Subject
to paragraph (2), if’’; and
(3) by inserting at the end the following para-
graph:
‘‘(2) With respect to applications for visas, the Sec-
retary of State may waive the application of paragraph
(1) in the case of a particular alien or any class or classes
of aliens inadmissible under subsection (a)(2) or (a)(3).’’.
SEC. 805. TREATMENT OF CANADIAN LANDED IMMIGRANTS.
Section 212(d)(4)(B) (8 U.S.C. 1182(d)(4)(B)) is
amended—
(1) by striking ‘‘and residents’’ and inserting ‘‘,
residents’’, and
(2) by striking ‘‘nationals,’’ and inserting ‘‘na-
tionals, and aliens who are granted permanent resi-
dence by the government of the foreign contiguous
territory and who are residing in that territory’’.
SEC. 806. CHANGES RELATING TO H–1B NONIMMIGRANTS.
(a) REMOVAL OF ANY REQUIREMENT FOR OBJEC-
TIVE WAGE SYSTEM
FOR ALL EMPLOYERS.—Section
212(n) (8 U.S.C. 1182(n)) is amended by adding at the
end the following new paragraph:
‘‘(3) For purposes of determining the actual wages
paid under paragraph (1)(A)(i)(I), an employer shall not
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shall take effect as if included in the enactment of
INTCA.
(c) STRIKING REFERENCES TO SECTION 210A.—
(1)(A)
Section
201(b)(1)(C)
(8
U.S.C.
1151(b)(1)(C)) and section 274B(a)(3)(B) (8 U.S.C.
1324b(a)(3)(B)) are each amended by striking ‘‘,
210A,’’.
(B) Section 241(a)(1) (8 U.S.C. 1251(a)(1)),
before redesignation by section 305(2), is amended
by striking subparagraph (F).
(2) Sections 204(c)(1)(D)(i) and 204(j)(4) of
Immigration Reform and Control Act of 1986 are
each amended by striking ‘‘, 210A,’’.
(d) MISCELLANEOUS CHANGES IN THE IMMIGRATION
AND NATIONALITY ACT.—
(1) Before being amended by section 308(a),
the item in the table of contents relating to section
242A is amended to read as follows:
‘‘Sec. 242A. Expedited deportation of aliens convicted of committing aggra-
vated felonies.’’.
(2)
Section
101(a)(43)(N)
(8
U.S.C.
1101(a)(43)(N)) is amended by striking ‘‘of title 18,
United States Code’’.
(3) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is
amended by striking ‘‘, 321, and 322’’ and inserting
‘‘and 321’’.