‘‘(2) any conduct proscribed by chapter 110 of
title 18, United States Code;
‘‘(3) contact between any part of the defend-
ant’s body or an object and the genitals or anus of
a child;
‘‘(4) contact between the genitals or anus of the
defendant and any part of the body of a child;
‘‘(5) deriving sexual pleasure or gratification
from the infliction of death, bodily injury, or phys-
ical pain on a child; or
‘‘(6) an attempt or conspiracy to engage in con-
duct described in paragraphs (1)–(5).
‘‘Rule 415. Evidence of Similar Acts in Civil Cases
Concerning Sexual Assault or Child Mo-
lestation
‘‘(a) In a civil case in which a claim for damages or
other relief is predicated on a party’s alleged commission
of conduct constituting an offense of sexual assault or
child molestation, evidence of that party’s commission of
another offense or offenses of sexual assault or child mo-
lestation is admissible and may be considered as provided
in Rule 413 and Rule 414 of these Rules.
‘‘(b) A party who intends to offer evidence under this
Rule shall disclose the evidence to the party against whom
it will be offered, including statements of witnesses or a
summary of the substance of any testimony that is ex-
pected to be offered, at least 15 days before the scheduled
date of trial or at such later time as the court may allow
for good cause.
‘‘(c) This Rule shall not be construed to limit the ad-
mission or consideration of evidence under any other
Rule.’’.
(b) CLERICAL AMENDMENT.—The table of contents
for the Federal Rules of Evidence is amended by adding
at the end of the items relating to Article IV the following:
‘‘Rule 413. Evidence of similar crimes in sexual assault cases
‘‘Rule 414. Evidence of similar crimes in child molestation cases
‘‘Rule 415. Evidence of similar acts in civil cases concerning sexual assault or
child molestation’’.
SEC. 308. INTERSTATE TRAVEL TO COMMIT SPOUSE ABUSE
OR TO VIOLATE PROTECTIVE ORDER; INTER-
STATE STALKING.
(a) OFFENSE.—Part I of title 18, United States
Code, is amended by inserting after chapter 110 the
following:
‘‘CHAPTER 110A—DOMESTIC VIOLENCE AND
STALKING
‘‘Sec.
‘‘2261. Domestic violence and stalking.
‘‘§ 2261. Domestic violence and stalking
‘‘(a) OFFENSE.—Whoever causes or attempts to
cause bodily injury to, engages in sexual abuse against,
or violates a protective order in relation to, another shall
be punished—
‘‘(1) if death results, by death or by imprison-
ment for any term of years or for life;
‘‘(2) if permanent disfigurement or life-threat-
ening bodily injury results, by imprisonment for not
more than 20 years;
‘‘(3) if serious bodily injury results, or if a fire-
arm, knife, or other dangerous weapon is possessed,
carried, or used during the commission of the of-
fense, by imprisonment for not more than 10 years;
and
‘‘(4) in any other case, by imprisonment for not
more than five years.
If, however, the defendant engages in sexual abuse and
the penalty authorized for such conduct under chapter
109A exceeds the penalty which would otherwise be au-
thorized under this subsection, then the penalty authorized
for such conduct under chapter 109A shall apply.
‘‘(b) MANDATORY PENALTIES.—A sentence under
this section shall include at least 3 months of imprison-
ment if the offense involves the infliction of bodily injury
on or the commission of sexual abuse against the victim.
A sentence under this section shall include at least 6
months of imprisonment if the offense involves the viola-
tion of a protective order and the defendant has previously
violated a protective order in relation to the same victim.
‘‘(c) JURISDICTION.—There is Federal jurisdiction to
prosecute an offense under this section if the defendant
traveled in interstate or foreign commerce, or transported
or caused another to move in interstate or foreign com-
merce, with the intention of committing or in furtherance
of committing the offense, and—
‘‘(1) the victim was a spouse or former spouse
of the defendant, was cohabiting with or had
cohabited with the defendant, or had a child in com-
mon with the defendant; or
‘‘(2) the defendant on two or more occasions—
‘‘(A) has caused or attempted or threat-
ened to cause death or serious bodily injury to
or engaged in sexual abuse in relation to the
victim; or
‘‘(B) has engaged in any conduct that
caused or was intended to cause apprehension
by the victim that the victim would be subjected
to death, serious bodily injury, or sexual abuse.
‘‘(d) DEFINITIONS.—For purposes of this section—
‘‘(1) ‘protective order’ means an order issued by
a court of a State prohibiting or limiting violence
against, harassment of, contact or communication
with, or physical proximity to another person;
‘‘(2) ‘sexual abuse’ means any conduct pro-
scribed by chapter 109A of this title, whether or not
the conduct occurs in the special maritime and terri-
torial jurisdiction of the United States or in a Fed-
eral prison;
‘‘(3) ‘serious bodily injury’ and ‘bodily injury’
have the meanings given in section 1365(g); and
‘‘(4) ‘State’ has the meaning given in section
513(c)(5).’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part I of title 18, United States Code,
is amended by inserting after the item for chapter 110
the following:
‘‘110A. Domestic violence and stalking ..................................... 2261’’.
(c) MANDATORY RESTITUTION.—Section 3663 of
title 18, United States Code is amended by striking ‘‘or
chapter 110’’ and inserting ‘‘, chapter 110, or section
2261’’ in each of subsections (b)(2) and (d).
(d) INTERIM PROTECTION.—Section 3156(a)(4)(C)
of title 18, United States Code, as added by section 301
of this Act, is amended by striking ‘‘or chapter 110’’ and
inserting ‘‘, chapter 110, or section 2261’’.
(e) DEATH PENALTY PROCEDURES.—Section 1118
of title 18, United States Code, as added by section 302
of this Act, is amended in paragraph (1) of subsection (e)
by inserting ‘‘or section 2261’’ after ‘‘117’’.
SEC. 309. FULL FAITH AND CREDIT FOR PROTECTIVE OR-
DERS.
(a) REQUIREMENT OF FULL FAITH AND CREDIT.—
Chapter 110A of title 18, United States Code, as enacted
by section 308 of this Act, is amended by adding at the
end the following:
‘‘§ 2262. Full faith and credit for protective orders
‘‘(a) A protective order issued by a court of a State
shall have the same full faith and credit in a court in an-
other State that it would have in a court of the State in
which issued, and shall be enforced by the courts of any
State as if it were issued in that State.
‘‘(b) For purposes of this section—
‘‘(1) ‘protective order’ means an order prohibit-
ing or limiting violence against, harassment of, con-
tact or communication with, or physical proximity to
another person; and
‘‘(2) ‘State’ has the meaning given in section
513(c)(5).’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 110A of title 18, United States
Code, as enacted by section 308 of this Act, is amended
by inserting at the end the following:
‘‘2262. Full faith and credit for protective orders.’’.
SEC. 310. PRESUMPTION AGAINST CHILD CUSTODY FOR
SPOUSE ABUSERS.
(a) The Congress finds that—
(1) courts fail to recognize the detrimental ef-
fects of having as a custodial parent an individual
who physically abuses his or her spouse, insofar as
they do not hear or weigh evidence of domestic vio-
lence in child custody litigation;
(2) joint custody forced upon hostile parents
can create a damaging psychological environment for
a child;
(3) physical abuse of a spouse is relevant to the
likelihood of child abuse in child custody disputes;
(4) the effects on children of physical abuse of
a spouse include—
(A) traumatization and psychological dam-
age to children resulting from observation of
the abuse and the climate of violence and fear
existing in a home where abuse takes place;
(B) the risk that children may become tar-
gets of physical abuse when they attempt to in-
tervene on behalf of an abused parent; and
(C) the negative effects on children of ex-
posure to an inappropriate role model, in that
witnessing an aggressive parent may commu-
nicate to children that violence is an acceptable
means of dealing with others; and
(5) the harm to children from spouse abuse
may be compounded by award of exclusive or joint
custody to an abuser because further abuse may
occur when the abused spouse is forced to have con-
tact with the abuser as a result of the custody ar-
rangement, and because the child or children may be
exposed to abuse committed by the abuser against a
subsequent spouse or partner.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that, for purposes of determining child custody,
evidence establishing that a parent engages in physical
abuse of a spouse should create a statutory presumption
that it is detrimental to the child to be placed in the cus-
tody of the abusive spouse.
TITLE IV—IMMIGRATION AND
ASYLUM REFORM
SEC. 401. INSPECTION AND EXCLUSION BY IMMIGRATION
OFFICERS.
(a) IN GENERAL.—Section 235(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1225(b)) is amended
to read as follows:
‘‘(b)(1) An immigration officer shall inspect each
alien who is seeking entry to the United States.
‘‘(2)(A) If the examining immigration officer deter-
mines that an alien seeking entry—
‘‘(i) does not present the documentation re-
quired (if any) to obtain legal entry to the United
States; and
‘‘(ii) does not indicate either an intention to
apply for provisional asylum (under section 208) or
a fear of persecution,
the officer shall order the alien excluded from the United
States without further hearing or review.
‘‘(B) The examining immigration officer shall refer
for immediate inspection at the port of entry by an asylum
officer under subparagraph (C) any alien who (i) does not
present the documentation required (if any) to obtain legal
entry to the United States, and (ii) has indicated an inten-
tion to apply for provisional asylum or a fear of persecu-
tion.
‘‘(C)(i) If an asylum officer determines that an alien
has a credible fear of persecution, the alien shall be enti-
tled to apply for provisional asylum under section 208.
‘‘(ii)(I) Subject to subclause (II), if an asylum officer
determines that an alien does not have a credible fear of
persecution the officer shall order the alien excluded from
the United States without further hearing or review.
‘‘(II) The Attorney General shall promulgate regula-
tions to provide for the immediate review by another asy-
lum officer at the port of entry of a decision under
subclause (I).
‘‘(iii) For the purposes of this subparagraph, the
term ‘credible fear of persecution’ means (I) that it is
more probable than not that the statements made by the
alien in support of his or her claim are true, and (II) that
there is a significant possibility, in light of such state-
ments and of such other facts as are known to the officer
that the alien could establish eligibility for provisional asy-
lum under section 208.
‘‘(iv) Notwithstanding any other provision of law, no
court shall have jurisdiction to review, except by petition
for habeas corpus, any determination made with respect
to an alien found excludable pursuant to this paragraph.
In any such case, review by habeas corpus shall be limited
to examination of whether the petitioner (I) is an alien,
and (II) was ordered excluded from the United States pur-
suant to this paragraph.
‘‘(3)(A) Except as provided in subparagraph (B), if
the examining immigration officer determines that an
alien seeking entry is not clearly and beyond a doubt enti-
tled to enter, the alien shall be detained for a hearing be-
fore a special inquiry officer.
‘‘(B) The provisions of subparagraph (A) shall not
apply—
‘‘(i) to an alien crewman,
‘‘(ii) to an alien described in paragraph (2)(A)
or 2(C)(ii)(I), or
‘‘(iii) if the conditions described in section
273(d) exist.
‘‘(4) The decision of the examining immigration offi-
cer, if favorable to the admission of any alien, shall be
subject to challenge by any other immigration officer and
such challenge shall operate to take the alien, whose privi-
lege to enter is so challenged, before a special inquiry offi-
cer for a hearing on exclusion of the alien.
‘‘(5)(A) Subject to subparagraph (B), an alien has
not entered the United States for purposes of this Act un-
less and until such alien has been inspected and admitted
by an immigration officer pursuant to this subsection.
‘‘(B) An alien who (i) is physically present in the
United States, (ii) has been physically present in the Unit-
ed States for a continuous period of one year, and (iii)
has not been inspected and admitted by an immigration
officer shall be deemed to have entered the United States
without inspection.’’.
(b) CONFORMING AMENDMENTS.—Section 237(a) of
the Immigration and Nationality Act (8 U.S.C. 1227(a))
is amended—
(1) in the second sentence of paragraph (1) by
striking ‘‘Deportation’’ and inserting ‘‘Subject to
section 235(b)(2), deportation’’; and
(2) in the first sentence of paragraph (2) by
striking ‘‘If’’ and inserting ‘‘Subject to section
235(b)(2), if’’.
SEC. 402. ENHANCED PENALTIES FOR ALIEN SMUGGLING.
(a) 
ADDITIONAL
CRIMINAL
PENALTY.—Section
274(a)(1) of the Immigration and Nationality Act (8
U.S.C. 1324(a)(1)) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(C),
(2) by striking the comma at the end of sub-
paragraph (D) and inserting ‘‘; or’’,
(3) by inserting after subparagraph (D) the fol-
lowing:
‘‘(E) contracts or agrees with another party for
that party to provide, for employment by the person
or another, an alien who is not authorized to be em-
ployed in the United States, knowing that such
party intends to cause such alien to be brought into
the United States in violation of the laws of the
United States,’’, and
(4) by striking ‘‘shall be fined’’ and all that fol-
lows and inserting the following: ‘‘shall, for each
alien in respect to whom any violation of this para-
graph occurs, be fined in accordance with title 18,
United States Code, imprisoned not more than 5
years (or 10 years in the case of a violation of sub-
paragraph (A) or (E)), or 20 years if during and in
relation to the violation the person causes serious
bodily injury (as defined in section 1365 of title 18,
United States Code) to, or places in jeopardy the life
of, any alien, or for any term of years up to life if
during and in relation to the violation the person
causes the death of any alien, or both.’’.
(b) TREATMENT OF SMUGGLING AS AN AGGRAVATED
FELONY.—The first sentence of section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43))
is amended by inserting ‘‘or any offense under section
274(a)’’ before ‘‘for which the term of imprisonment’’ the
first place it appears.
SEC. 403. EXPANDED FORFEITURE FOR SMUGGLING OR
HARBORING ILLEGAL ALIENS.
(a) IN GENERAL.—Paragraph (1) of section 274(b)
of the Immigration and Nationality Act (8 U.S.C.
1324(b)) is amended to read as follows:
‘‘(1)(A) Except as provided in subparagraph (B),
the following property shall be subject to seizure and
forfeiture:
‘‘(i) Any conveyance, including any vessel, vehi-
cle, or aircraft, which has been or is being used in
the commission of a violation of subsection (a).
‘‘(ii) Any property, real or personal, which—
‘‘(I) constitutes, or is derived from or
traceable to, the proceeds obtained directly or
indirectly from the commission of a violation of
subsection (a), or
‘‘(II) is used to facilitate, or is intended to
be so used in the commission of, a violation of
subsection (a)(1)(A).
‘‘(B)(i) No property used by any person as a common
carrier in the transaction of business as a common carrier
shall be forfeited under this section, unless the owner or
other person with lawful custody of the property was a
consenting party to or privy to the violation of subsection
(a) or of section 274A(a)(1) or 274A(a)(2).
‘‘(ii) No property shall be forfeited under the provi-
sions of this section by reason of any act or omission es-
tablished by the owner to have been committed or omitted
by a person other than the owner while the property was
unlawfully in the possession of a person other than the
owner in violation of the criminal laws of the United
States or of any State.
‘‘(iii) No property shall be forfeited under the provi-
sions of this section to the extent of an interest of the
owner, by reason of any act or omission established by
the owner to have been committed or omitted without the
knowledge, consent, or willful blindness of the owner, un-
less the act or omission was committed or omitted by an
employee or agent of the owner or other person with lawful
custody of the property with the intent of furthering the
business interests of, or to confer any other benefit upon,
the owner or other person with lawful custody of the prop-
erty.’’.
(b) CONFORMING AMENDMENTS.—Section 274(b) of
such Act (8 U.S.C. 1324(b)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘conveyance’’ and inserting
‘‘property’’ each place it appears, and
(B) by striking ‘‘is being used in’’ and in-
serting ‘‘is being used in, is facilitating, has fa-
cilitated, is facilitating or was intended to facili-
tate’’; and
(2) in paragraphs (4) and (5), by striking ‘‘a
conveyance’’, ‘‘any conveyance’’, and ‘‘conveyance’’
and inserting ‘‘property’’ each place it appears.
SEC. 404. INCLUDING ALIEN SMUGGLING AS A RACKETEER-
ING ACTIVITY FOR PURPOSES OF RACK-
ETEERING INFLUENCED AND CORRUPT OR-
GANIZATIONS 
(RICO) 
ENFORCEMENT 
AU-
THORITY.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ before ‘‘(E) any act’’, and
(2) by inserting before the semicolon at the end
the following: ‘‘, or (F) any act which is indictable
under section 274(a)(1) of the Immigration and Na-
tionality Act (relating to alien smuggling)’’.
SEC. 405. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise provided, the
amendments made by this title shall take effect on the
date of the enactment of this Act and shall apply to aliens
who arrive in or seek admission to the United States on
or after such date.
(b) SMUGGLING.—The amendment made by section
102(b) shall apply to offenses for which convictions are
tion and establishes that it is more likely than
not that in the alien’s country of nationality
(or, in the case of a person having no national-
ity, the country in which such alien last habit-
ually resided) such alien’s life or freedom would
be threatened on account of race, religion, na-
tionality, membership in a particular social
group, or political opinion.
‘‘(B) DISCRETIONARY CASES.—The Attor-
ney General may grant provisional asylum to an
alien if the alien applies for provisional asylum
in accordance with the requirements of this sec-
tion and establishes that the alien is a refugee
within the meaning of section 101(a)(42).
‘‘(C) 
EXCEPTIONS.—(i) 
Subparagraphs
(A) and (B) shall not apply to an alien if the
Attorney General determines that—
‘‘(I) the alien ordered, incited, as-
sisted, or otherwise participated in the per-
secution of any person on account of race,
religion, nationality, membership in a par-
ticular social group, or political opinion;
‘‘(II) the alien, having been convicted
by a final judgment of a particularly seri-
ous crime, constitutes a danger to the com-
munity of the United States;
‘‘(III) there are serious reasons for
believing that the alien has committed a
serious nonpolitical crime outside the
United States prior to the arrival of the
alien in the United States;
‘‘(IV) there are reasonable grounds
for regarding the alien as a danger to the
security of the United States; or
‘‘(V) a country willing to accept the
alien has been identified (other than the
country described in subparagraph (A)) to
which the alien can be deported or re-
turned and the alien does not establish
that it is more likely than not that the
alien’s life or freedom would be threatened
in such country on account of race, reli-
gion, nationality, membership in a particu-
lar social group, or political opinion.
‘‘(ii)(I) For purposes of clause (i)(II), an
alien who has been convicted of an aggravated
felony shall be considered to have committed a
particularly serious crime.
‘‘(II) The Attorney General shall promul-
gate regulations that specify additional crimes
that will be considered to be a crime described
in clause (i)(II) or (i)(III).
‘‘(III) The Attorney General shall promul-
gate regulations establishing such additional
limitations and conditions as the Attorney Gen-
eral considers appropriate under which an alien
shall be ineligible to apply for provisional asy-
lum under subparagraph (B).
‘‘(3) PROVISIONAL
ASYLUM
STATUS.—In the
case of any alien granted provisional asylum under
paragraph (2), the Attorney General, in accordance
with this section—
‘‘(A) shall not deport or return the alien to
the country described under paragraph (2)(A);
‘‘(B) shall authorize the alien to engage in
employment in the United States and provide
the alien with an ‘employment authorized’ en-
dorsement or other appropriate work permit;
and
‘‘(C) may allow the alien to travel abroad
with the prior consent of the Attorney General.
‘‘(4) TERMINATION.—Provisional asylum grant-
ed under paragraph (2) may be terminated if the At-
torney General, pursuant to such regulations as the
Attorney General may prescribe, determines that—
‘‘(A) the alien no longer meets the condi-
tions described in paragraph (2) owing to a
change in circumstances in the alien’s country
of nationality or, in the case of an alien having
no nationality, in the country in which the alien
last habitually resided;
‘‘(B) the alien meets a condition described
in paragraph (2)(C); or
‘‘(C) a country willing to accept the alien
has been identified (other than the country de-
scribed in paragraph (2)) to which the alien can
be deported or returned and the alien cannot
establish that it is more likely than not that the
alien’s life or freedom would be threatened in
such country on account of race, religion, na-
tionality, membership in a particular social
group, or political opinion.
‘‘(5) ACCEPTANCE BY ANOTHER COUNTRY.—In
the case of an alien described in paragraph
(2)(C)(i)(V) or paragraph (4)(C), the alien’s depor-
tation or return shall be directed by the Attorney
General in the sole discretion of the Attorney Gen-
eral, to any country which is willing to accept the
alien into its territory (other than the country de-
scribed in paragraph (2)).
‘‘(b) PROVISIONAL ASYLUM PROCEDURE.—
‘‘(1) APPLICATIONS.—
‘‘(A) IN GENERAL.—
‘‘(i) DEADLINE.—Subject to clause
(ii), an alien’s application for provisional
asylum shall not be considered under this
section unless—
‘‘(I) the alien has filed, not later
than 30 days after entering or coming
to the United States, notice of inten-
tion to file such an application, and
‘‘(II) such application is actually
filed not later than 60 days after en-
tering or coming to the United States.
‘‘(ii) EXCEPTION.—An application for
provisional asylum may be considered, not-
withstanding that the requirements 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 last habitually re-
sided) affecting eligibility for provisional
asylum.
‘‘(B) REQUIREMENTS.—An application for
provisional asylum shall not be considered un-
less the alien submits to the taking of finger-
prints and a photograph in a manner deter-
mined by the Attorney 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 provisional asylum, for employ-
ment authorization under this section, and for
adjustment of status under section 209(b). The
Attorney General is authorized to provide for
the assessment and payment of any such fee
over a period 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 provisional
asylum, the alien shall be advised of the
privilege of being represented by counsel
(as provided under paragraph (2)(D)) and
of the consequences, under subsection (d),
of filing a frivolous application for provi-
sional asylum.
‘‘(ii) PROVISION
OF
LIST
OF
COUN-
SEL.—The Attorney General shall provide
for lists (updated not less often than quar-
terly) of persons who have indicated their
availability to represent pro bono aliens in
provisional asylum proceedings. Such lists
shall be provided to the alien at the time
of filing of notice of intention to apply for
provisional asylum, and otherwise be made
generally available.
‘‘(2) CONSIDERATION OF APPLICATIONS; HEAR-
INGS.—
‘‘(A) ASYLUM OFFICERS.—Applications for
provisional asylum shall be considered by offi-
cers of the Service (referred to in this Act as
‘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.
Pending the designation of such officers, individuals who
as of the date of the enactment of the Immigration En-
forcement and Asylum Reform Act of 1993 are authorized
to perform duties as asylum officers shall be deemed to
be qualified to be asylum officers for purposes of this Act.
‘‘(B) SCHEDULING OF HEARINGS.—
‘‘(i) IN GENERAL.—Upon the filing of
an application for provisional asylum, an
asylum officer, at the earliest practicable
time and after consultation with the attor-
ney for the Government and the attorney
(if any) for the applicant, shall set the ap-
plication for hearing on a day certain or
list it on a weekly or other short-term cal-
endar, so as to assure a speedy hearing.
‘‘(ii) DEADLINE.—Unless the appli-
cant (or an attorney for the applicant) con-
sents in writing to the contrary, the hear-
ing on the provisional asylum application
shall commence not later than 45 days
after the date the application was filed.
‘‘(C) PUBLIC HEARINGS.—A hearing on a
provisional asylum application shall be open to
the public unless the applicant requests that it
be closed to the public.
‘‘(D) PRIVILEGE OF COUNSEL.—The alien
shall have the privilege of being represented by
such counsel (at no expense to the government),
asylum resource information center of the
Immigration and Naturalization Service
and from the Secretary of State, but may
not request or consider recommendations
from the Secretary of State as to whether
a particular named individual should or
should not be granted provisional asylum.
‘‘(G) TRANSCRIPT OF HEARINGS.—A com-
plete record of the proceedings and of all testi-
mony and evidence produced at the hearing
shall be kept. The hearing shall be recorded
verbatim. The Attorney General and the Service
shall provide that a transcript of a hearing held
under this section is made available not later
than 10 days after the date of completion of the
hearing.
‘‘(H) DEADLINE FOR DETERMINATIONS ON
APPLICATIONS.—The officer shall render a de-
termination on the application not later than 30
days after the date of completion of the hear-
ing. The determination of the officer shall be
based only on the evidence produced at the
hearing or on information which is the subject
of official notice with respect to country condi-
tions.
‘‘(I) RESOURCE ALLOCATION.—The Attor-
ney General shall allocate sufficient resources
so as to assure that applications for provisional
asylum are heard and determined on a timely
basis. However, nothing in this paragraph relat-
ing to scheduling or deadlines shall be con-
strued as creating any right or benefit, sub-
stantive or procedural, which is legally enforce-
able by any party against the United States, its
agencies, its officers, or any other person.
‘‘(J) SANCTIONS
FOR
FAILURE
TO
AP-
PEAR.—
‘‘(i) Subject to clause (ii), the applica-
tion for provisional asylum of an alien who
does not appear for a hearing on such ap-
plication shall be summarily dismissed un-
less the alien can show exceptional cir-
cumstances 
(as 
defined 
in 
section
242B(f)(2)) as determined by the asylum
officer.
‘‘(ii) Clause (i) shall not apply if writ-
ten and oral notice were not provided as
required by section 242B(e)(4)(B).
‘‘(K) FINALITY OF DETERMINATIONS.—
‘‘(i) IN
GENERAL.—The decision of
the asylum officer shall be the final admin-
istrative determination of a claim for provi-
sional asylum.
‘‘(ii) TREATMENT
OF
CASES
IN
EX-
CLUSION
OR
DEPORTATION.—If proceed-
ings are instituted against an alien under
section 235 or 242 of this Act and the
alien files an application for provisional
asylum based on circumstances described
in subsection (b)(1)(A)(ii), the asylum offi-
cer shall render, on an expedited basis, a
decision on the application.
‘‘(c) ASYLUM.—
‘‘(1) ADJUSTMENT
OF
STATUS.—Under such
regulations as the Attorney General may prescribe,
the Attorney General shall adjust to the status of an
alien granted asylum the status of any alien granted
provisional asylum under subsection (a)(2)(A) or
(a)(2)(B) who—
‘‘(A) applies for such adjustment;
‘‘(B) has been physically present in the
United States for at least 1 year after being
granted provisional asylum;
‘‘(C) continues to be eligible for provisional
asylum under this section; and
‘‘(D) is admissible under this Act at the
time of examination for adjustment of status
under this subsection.
‘‘(2) TREATMENT
OF
SPOUSE
AND
CHIL-
DREN.—A spouse or child (as defined in section
101(b) (A), (B), (C), (D), or (E)) of an alien whose
status is adjusted to that of an alien granted asylum
under paragraph (a)(2) may be granted the same
status as the alien if accompanying, or following to
join, such alien.
‘‘(3) APPLICATION FEES.—The Attorney Gen-
eral may impose a reasonable fee for the filing of an
application for asylum under this subsection.
‘‘(d) 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 provisional asylum under this section and the
alien has received the notice under subsection
(b)(1)(D)(i), the alien shall be permanently ineligible
for any benefits under this Act, effective as of the
date of a final determination on such application.
‘‘(2) TREATMENT OF MATERIAL MISREPRESEN-
TATIONS.—For purposes of this subsection, an appli-
cation considered to be ‘frivolous’ includes, but is
not limited to, an application which contains a will-
ful misrepresentation or concealment of a material
fact.’’.
(b) CLERICAL AMENDMENT.—The item in the table
of contents relating to section 208 is amended to read as
follows:
‘‘Sec. 208. Asylum.’’.
SEC. 407. FAILURE TO APPEAR FOR PROVISIONAL ASYLUM
HEARING; JUDICIAL REVIEW.
(a) FAILURE TO APPEAR FOR PROVISIONAL ASYLUM
HEARING.—Section 242B(e)(4) of the Immigration and
Nationality Act (8 U.S.C. 1252b(e)(4)) is amended—
(1) in the heading, by striking ‘‘ASYLUM’’ and
inserting ‘‘PROVISIONAL ASYLUM’’;
(2) by striking ‘‘asylum’’ each place it appears
and inserting ‘‘provisional asylum’’; and
(3) in subparagraph (A), by striking all after
clause (iii) and inserting the following:
‘‘shall not be eligible for any benefits under this
Act.’’.
(b) JUDICIAL REVIEW.—Section 106 of the Immigra-
tion and Nationality Act (8 U.S.C. 1105a) is amended by
adding at the end the following subsection:
‘‘(d) The procedure prescribed by, and all the provi-
sions of chapter 158 of title 28, United States Code, shall
apply to, and shall be the sole and exclusive procedure for,
the judicial review of all final orders granting or denying
provisional asylum, except that—
‘‘(1) a petition for review may be filed not later
than 90 days after the date of the issuance of the
final order granting or denying provisional asylum;
‘‘(2) the venue of any petition for review under
this subsection shall be in the judicial circuit in
which the administrative proceedings before an asy-
lum officer were conducted in whole or in part, or
in the judicial circuit wherein 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 provisional
asylum based on changed circumstances pursuant to
section 208(b)(1)(A)(ii) shall be in the sole discre-
tion of the asylum officer.’’.
SEC. 408. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise provided, the
amendments made by this title shall take effect on the
date of the enactment of this Act.
(b) EXCEPTIONS.—