In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taxpayer Browsing Protection Act''.

SEC. 2. PENALTY FOR UNAUTHORIZED INSPECTION OF TAX RETURNS OR TAX 
              RETURN INFORMATION.

    (a) In General.--Part I of subchapter A of chapter 75 of the 
Internal Revenue Code of 1986 (relating to crimes, other offenses, and 
forfeitures) is amended by adding after section 7213 the following new 
section:

``SEC. 7213A. UNAUTHORIZED INSPECTION OF RETURNS OR RETURN INFORMATION.

    ``(a) Prohibitions.--
            ``(1) Federal employees and other persons.--It shall be 
        unlawful for--
                    ``(A) any officer or employee of the United States, 
                or
                    ``(B) any person described in section 6103(n) or an 
                officer or employee of any such person,
        willfully to inspect, except as authorized in this title, any 
        return or return information.
            ``(2) State and other employees.--It shall be unlawful for 
        any person (not described in paragraph (1)) willfully to 
        inspect, except as authorized in this title, any return or 
        return information acquired by such person or another person 
        under a provision of section 6103 referred to in section 
        7213(a)(2).
    ``(b) Penalty.--
            ``(1)  In general.--Any violation of subsection (a) shall 
        be punishable upon conviction by a fine in any amount not 
        exceeding $1,000, or imprisonment of not more than 1 year, or 
        both, together with the costs of prosecution.
            ``(2) Federal officers or employees.--An officer or 
        employee of the United States who is convicted of any violation 
        of subsection (a) shall, in addition to any other punishment, 
        be dismissed from office or discharged from employment.
    ``(c) Definitions.--For purposes of this section, the terms 
`inspect', `return', and `return information' have the respective 
meanings given such terms by section 6103(b).''.
    (b) Technical Amendments.--
            (1) Paragraph (2) of section 7213(a) of such Code is 
        amended by inserting ``(5),'' after ``(m)(2), (4),''.
            (2) The table of sections for part I of subchapter A of 
        chapter 75 of such Code is amended by inserting after the item 
        relating to section 7213 the following new item:

                              ``Sec. 7213A. Unauthorized inspection of 
                                        returns or return 
                                        information.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to violations occurring on and after the date of the enactment of 
this Act.

SEC. 3. CIVIL DAMAGES FOR UNAUTHORIZED INSPECTION OF RETURNS AND RETURN 
              INFORMATION; NOTIFICATION OF UNLAWFUL INSPECTION OR 
              DISCLOSURE.

    (a) Civil Damages for Unauthorized Inspection.--Subsection (a) of 
section 7431 of the Internal Revenue Code of 1986 is amended--
            (1) by striking ``Disclosure'' in the headings for 
        paragraphs (1) and (2) and inserting ``Inspection or 
        disclosure'', and
            (2) by striking ``discloses'' in paragraphs (1) and (2) and 
        inserting ``inspects or discloses''.
    (b) Notification of Unlawful Inspection or Disclosure.--Section 
7431 of such Code is amended by redesignating subsections (e) and (f) 
as subsections (f) and (g), respectively, and by inserting after 
subsection (d) the following new subsection:
    ``(e) Notification of Unlawful Inspection and Disclosure.--If any 
person is criminally charged by indictment or information with 
inspection or disclosure of a taxpayer's return or return information 
in violation of--
            ``(1) paragraph (1) or (2) of section 7213(a),
            ``(2) section 7213A(a), or
            ``(3) subparagraph (B) of section 1030(a)(2) of title 18, 
        United States Code,
the Secretary shall notify such taxpayer as soon as practicable of such 
inspection or disclosure.''.
    (c) No Damages for Inspection Requested by Taxpayer.--Subsection 
(b) of section 7431 of such Code is amended to read as follows:
    ``(b) Exceptions.--No liability shall arise under this section with 
respect to any inspection or disclosure--
            ``(1) which results from a good faith, but erroneous, 
        interpretation of section 6103, or
            ``(2) which is requested by the taxpayer.''.
    (d) Conforming Amendments.--
            (1) Subsections (c)(1)(A), (c)(1)(B)(i), and (d) of section 
        7431 of such Code are each amended by inserting ``inspection 
        or'' before ``disclosure''.
            (2) Clause (ii) of section 7431(c)(1)(B) of such Code is 
        amended by striking ``willful disclosure or a disclosure'' and 
        inserting ``willful inspection or disclosure or an inspection 
        or disclosure''.
            (3) Subsection (f) of section 7431 of such Code, as 
        redesignated by subsection (b), is amended to read as follows:
    ``(f) Definitions.--For purposes of this section, the terms 
`inspect', `inspection', `return', and `return information' have the 
respective meanings given such terms by section 6103(b).''.
            (4) The section heading for section 7431 of such Code is 
        amended by inserting ``inspection or'' before ``disclosure''.
            (5) The table of sections for subchapter B of chapter 76 of 
        such Code is amended by inserting ``inspection or'' before 
        ``disclosure'' in the item relating to section 7431.
            (6) Paragraph (2) of section 7431(g) of such Code, as 
        redesignated by subsection (b), is amended by striking ``any 
        use'' and inserting ``any inspection or use''.
    (e) Effective Date.--The amendments made by this section shall 
apply to inspections and disclosures occurring on and after the date of 
the enactment of this Act.

SEC. 4. NATIONAL FLOOD INSURANCE ACT OF 1968.

    (a) In General.--Section 1306(c)(1) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4013(c)(1)) is amended by striking ``30'' and 
inserting ``15''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
construed to have taken effect on January 1, 1997, and shall expire 
June 30, 1997.

            Passed the Senate April 15, 1997.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.
[EX A]: Taxpayer Browsing Protection Act - Amends the Internal Revenue Code to make it unlawful for Federal employees, State employees, or other specified persons to willfully inspect, except as authorized, any tax return or return information.  Provides for a monetary penalty, imprisonment, or both for violators.  (Current law imposes penalties only for the unlawful disclosure of such information.) 
Permits civil damages for the unauthorized inspection or disclosure (currently, only for the unauthorized disclosure) of tax returns and return information.  Requires the taxpayer to be notified as soon as practicable if any person is criminally charged by indictment with inspecting or disclosing the taxpayer's return or return information. 
Amends the National Flood Insurance Act of 1968 to reduce the waiting period for the effective date of policies for new flood insurance coverage, entered into after the date of enactment of the Riegle Community Development and Regulatory Improvement Act of 1994, from 30 to 15 days.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``End-User Protection Act of 2014''.

SEC. 2. DEFINITIONS.

    (a) In General.--Section 1a of the Commodity Exchange Act (7 U.S.C. 
1a) is amended--
            (1) by redesignating paragraphs (8) through (51) as 
        paragraphs (9) through (52), respectively;
            (2) by inserting after paragraph (7) the following:
            ``(8) Commercial market participant.--The term `commercial 
        market participant' means any producer, processor, merchant, or 
        commercial user of an exempt or agricultural commodity, or the 
        products or by-products of an exempt or agricultural 
        commodity.'';
            (3) in subparagraph (B) of paragraph (48) (as so 
        redesignated), by striking clause (ii) and inserting the 
        following:
                            ``(ii) any purchase or sale of a 
                        nonfinancial commodity or security for deferred 
                        shipment or delivery, so long as the 
                        transaction is intended to be physically 
                        settled, including any stand-alone or embedded 
                        option for which exercise would result in a 
                        physical delivery obligation;''; and
            (4) in paragraph (50) (as redesignated by paragraph (1)), 
        by striking subparagraph (D) and inserting the following:
                    ``(D) De minimis exception.--
                            ``(i) In general.--The Commission shall 
                        exempt from designation as a swap dealer an 
                        entity that engages in a de minimis quantity of 
                        swap dealing (which shall not be less than 
                        $8,000,000,000) in connection with transactions 
                        with or on behalf of its customers.
                            ``(ii) Regulations.--The Commission shall 
                        promulgate regulations to establish the factors 
                        to be used in a determination under clause (i) 
                        to exempt, including any monetary or other 
                        levels established by the Commission, and those 
                        levels shall only be amended or changed through 
                        an affirmative action of the Commission 
                        undertaken by rule or regulation.''.
    (b) Financial Entity.--Section 2(h)(7)(C) of the Commodity Exchange 
Act (7 U.S.C. 2(h)(7)(C)) is amended--
            (1) in clause (iii)--
                    (A) by striking ``an entity whose'' and inserting 
                the following: ``an entity--
                                    ``(I) whose'';
                    (B) by striking the period at the end and inserting 
                a semicolon; and
                    (C) by adding at the end the following:
                                    ``(II) that is--
                                            ``(aa) a commercial market 
                                        participant;
                                            ``(bb) included in clause 
                                        (i)(VIII); and
                                            ``(cc) not supervised by a 
                                        prudential regulator; or
                                    ``(III) that is included in clause 
                                (i)(VIII) because--
                                            ``(aa) the entity regularly 
                                        enters into foreign exchange or 
                                        derivatives transactions on 
                                        behalf of, or to hedge or 
                                        mitigate, whether directly or 
                                        indirectly, the commercial risk 
                                        of 1 or more entities within 
                                        the same commercial enterprise 
                                        as the entity; or
                                            ``(bb) of the making of 
                                        loans to 1 or more entities 
                                        within the same commercial 
                                        enterprise as the entity.''; 
                                        and
            (2) by adding at the end the following:
                            ``(iv) Same commercial enterprise.--For 
                        purposes of clause (iii)(III), an entity shall 
                        be considered to be within the same commercial 
                        enterprise as another entity if--
                                    ``(I) 1 of the entities owns, 
                                directly or indirectly, at least a 
                                majority ownership interest in the 
                                other entity and reports its financial 
                                statements on a consolidated basis and 
                                the consolidated financial statements 
                                include the financial results of both 
                                entities; or
                                    ``(II) a third party owns at least 
                                a majority ownership interest in both 
                                entities and reports its financial 
                                statements on a consolidated basis and 
                                the financial statements of the third 
                                party include the financial results of 
                                both entities.
                            ``(v) Predominantly engaged.--
                                    ``(I) In general.--Not later than 
                                90 days after the date of enactment of 
                                this clause, the Commission shall 
                                promulgate regulations defining the 
                                term `predominantly engaged' for 
                                purposes of clause (i)(VIII).
                                    ``(II) Minimum revenues.--The 
                                regulations shall provide that an 
                                entity shall not be considered to be 
                                predominantly engaged in activities 
                                that are in the business of banking or 
                                financial in nature if the consolidated 
                                revenues of the entity derived from the 
                                activities constitute less than a 
                                percentage (as specified by the 
                                Commission in the regulations) of the 
                                total consolidated revenues of the 
                                entity.
                                    ``(III) Revenues from banking or 
                                financial activities.--In determining 
                                the percentage of the revenues of an 
                                entity that are derived from activities 
                                that are in the business of banking or 
                                financial in nature, the regulations 
                                shall exclude all revenues that are or 
                                result from foreign exchange or 
                                derivatives transactions used to hedge 
                                or mitigate commercial risk (as defined 
                                by the Commission in the 
                                regulations).''.

SEC. 3. REPORTING OF ILLIQUID SWAPS SO AS TO NOT DISADVANTAGE CERTAIN 
              NON-FINANCIAL END USERS.

    Section 2(a)(13) of the Commodity Exchange Act (7 U.S.C. 2(a)(13)) 
is amended--
            (1) in subparagraph (C), by striking ``The Commission'' and 
        inserting ``Except as provided in subparagraph (D), the 
        Commission'';
            (2) by redesignating subparagraphs (D) through (G) as 
        subparagraphs (E) through (H), respectively; and
            (3) by inserting after subparagraph (C) the following:
                    ``(D) Requirements for swap transactions in 
                illiquid markets.--
                            ``(i) Definition of illiquid markets.--In 
                        this subparagraph, the term `illiquid markets' 
                        means any market in which the volume and 
                        frequency of trading in swaps is at such a 
                        level as to allow identification of individual 
                        market participants.
                            ``(ii) Requirements.--Notwithstanding 
                        subparagraph (C), the Commission shall--
                                    ``(I) provide by rule for the 
                                public reporting of swap transactions, 
                                including price and volume data, in 
                                illiquid markets that are not cleared 
                                and entered into by a nonfinancial 
                                entity that is hedging or mitigating 
                                commercial risk in accordance with 
                                subsection (h)(7)(A); and
                                    ``(II) ensure that the swap 
                                transaction information described in 
                                subclause (I) is available to the 
                                public not sooner than 30 days after 
                                the swap transaction has been executed 
                                or at such later date as the Commission 
                                determines appropriate to protect the 
                                identity of participants and positions 
                                in illiquid markets and to prevent the 
                                elimination or reduction of market 
                                liquidity.''.

SEC. 4. TREATMENT OF AFFILIATES.

    Section 2(h)(7)(D)(i) of the Commodity Exchange Act (7 U.S.C. 
2(h)(7)(D)(i)) is amended--
            (1) by striking ``An affiliate'' and inserting ``A person 
        that is a financial entity and is an affiliate'';
            (2) by striking ``(including affiliate entities 
        predominantly engaged in providing financing for the purchase 
        of the merchandise or manufactured goods of the person)''; and
            (3) by striking ``and as an agent''.

SEC. 5. APPLICABILITY TO BONA FIDE HEDGE TRANSACTIONS OR POSITIONS.

    Section 4a(c) of the Commodity Exchange Act (7 U.S.C. 6a(c)) is 
amended--
            (1) in the second sentence of paragraph (1), by striking 
        ``into the future for which'' and inserting ``in the future, to 
        be determined by the Commission, for which either an 
        appropriate swap is available or''; and
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``subsection (a)(2)'' and all that follows 
                through ``position that--'' and inserting ``paragraphs 
                (2) and (5) of subsection (a) for swaps, contracts of 
                sale for future delivery, or options on the contracts 
                or commodities, a bona fide hedging transaction or 
                position is a transaction or position that--''; and
                    (B) in subparagraph (A)(ii), by striking ``of 
                risks'' and inserting ``or management of current or 
                anticipated risks''; and
            (3) by adding at the end the following:
            ``(3) Commission definition.--The Commission may further 
        define, by rule or regulation, what constitutes a bona fide 
        hedging transaction or position so long as the rule or 
        regulation is consistent with the requirements of subparagraphs 
        (A) and (B) of paragraph (2).''.

SEC. 6. REPORTING AND RECORDKEEPING.

    Section 4g(f) of the Commodity Exchange Act (7 U.S.C. 6g(f)) is 
amended--
            (1) by striking ``(f) Nothing contained in this section'' 
        and inserting the following:
    ``(f) Authority of Commission To Make Separate Determinations 
Unimpaired.--
            ``(1) In general.--Except as provided in paragraph (2), 
        nothing in this section''; and
            (2) by adding at the end the following:
            ``(2) Exception.--If the Commission imposes any requirement 
        under this section on any person that is not registered, or 
        required to be registered, with the Commission in any capacity, 
        that person shall satisfy the requirements of any rule, order, 
        or regulation under this section by maintaining a written 
        record of each cash or forward transaction related to a 
        reportable or hedging commodity interest transaction, futures 
        contract, option on a futures contract, or swap.
            ``(3) Sufficiency.--A written record described in paragraph 
        (2) shall be sufficient if the written record--
                    ``(A) memorializes the final agreement between the 
                parties, including the material economic terms of the 
                transaction; and
                    ``(B) is identifiable and searchable by 
                transaction.''.

SEC. 7. MARGIN REQUIREMENTS.

    (a) Commodity Exchange Act Amendment.--Section 4s(e) of the 
Commodity Exchange Act (7 U.S.C. 6s(e)) is amended by adding at the end 
the following:
            ``(4) Applicability with respect to counterparties.--The 
        requirements of paragraphs (2)(A)(ii) and (2)(B)(ii), including 
        the initial and variation margin requirements imposed by rules 
        adopted pursuant to paragraphs (2)(A)(ii) and (2)(B)(ii), shall 
        not apply to a swap in which a counterparty qualifies for an 
        exception under section 2(h)(7)(A) or 2(h)(7)(D), or an 
        exemption issued under section 4(c)(1) from the requirements of 
        section 2(h)(1)(A) for cooperative entities as defined in that 
        exemption.''.
    (b) Securities Exchange Act Amendment.--Section 15F(e) of the 
Securities Exchange Act of 1934 (15 U.S.C. 78o-10(e)) is amended by 
adding at the end the following:
            ``(4) Applicability with respect to counterparties.--The 
        requirements of paragraphs (2)(A)(ii) and (2)(B)(ii) shall not 
        apply to a security-based swap in which a counterparty 
        qualifies for an exception under section 3C(g)(1) or satisfies 
        the criteria in section 3C(g)(4).''.
    (c) Implementation.--The amendments made by this section to the 
Commodity Exchange Act (7 U.S.C. 1 et seq.) shall be implemented--
            (1) without regard to--
                    (A) chapter 35 of title 44, United States Code; and
                    (B) the notice and comment provisions of section 
                553 of title 5, United States Code;
            (2) through the promulgation of an interim final rule, 
        pursuant to which public comment is sought before a final rule 
        is issued; and
            (3) such that paragraph (1) shall apply solely to changes 
        to rules and regulations, or proposed rules and regulations, 
        that are limited to and directly a consequence of the 
        amendments.

SEC. 8. ANALYSIS BY THE COMMODITY FUTURES TRADING COMMISSION OF THE 
              COSTS AND BENEFITS OF REGULATIONS AND ORDERS.

    Section 15(a) of the Commodity Exchange Act (7 U.S.C. 19(a)) is 
amended by striking paragraphs (1) and (2) and inserting the following:
            ``(1) In general.--Before promulgating a regulation under 
        this Act or issuing an order (except as provided in paragraph 
        (3)), the Commission, acting through the Office of the Chief 
        Economist, shall--
                    ``(A) state a justification for the regulation or 
                order;
                    ``(B) state the baseline for the cost-benefit 
                analysis and explain how the regulation or order 
                measures costs against the baseline;
                    ``(C) assess the costs and benefits, both 
                qualitative and quantitative, of the intended 
                regulation or order;
                    ``(D) measure, and seek to improve, the actual 
                results of regulatory requirements; and
                    ``(E) propose or adopt a regulation or order only 
                on a reasoned determination that the benefits of the 
                intended regulation or order justify the costs of the 
                intended regulation or order (recognizing that some 
                benefits and costs are difficult to quantify).
            ``(2) Considerations.--In making a reasoned determination 
        of costs and benefits under paragraph (1), the Commission shall 
        consider--
                    ``(A) the protection of market participants and the 
                public;
                    ``(B) the efficiency, competitiveness, and 
                financial integrity of futures and swaps markets;
                    ``(C) the impact on market liquidity in the futures 
                and swaps markets;
                    ``(D) price discovery;
                    ``(E) sound risk management practices;
                    ``(F) the cost of available alternatives to direct 
                regulation;
                    ``(G) the degree and nature of the risks posed by 
                various activities within the scope of the jurisdiction 
                of the Commission;
                    ``(H) whether, consistent with obtaining regulatory 
                objectives, the regulation or order is tailored to 
                impose the least burden on society, including market 
                participants, individuals, businesses of differing 
                sizes, and other entities (including small communities 
                and governmental entities), taking into account, to the 
                extent practicable, the cumulative costs of regulations 
                and orders;
                    ``(I) whether the regulation or order is 
                inconsistent, incompatible, or duplicative of other 
                Federal regulations and orders; and
                    ``(J) whether, in choosing among alternative 
                regulatory approaches, those approaches maximize net 
                benefits (including potential economic, environmental, 
                and other benefits, distributive impacts, and 
                equity).''.
[EX A]: End-User Protection Act of 2014 - Amends the Commodity Exchange Act with respect to exceptions to the requirement that any swap be cleared by a derivatives clearing organization either registered under that Act, or exempted from registration, if the swap is required to be cleared. Revises the definition of a financial entity subject to such requirement to exclude one that: (1) is a commercial market participant predominantly engaged in activities in the business of banking, or in activities that are financial in nature, but is not supervised by a prudential regulator; or (2) is considered as predominantly engaged in activities in the business of banking or in financial activities because it regularly enters into foreign exchange or derivatives transactions on behalf of, or to hedge or mitigate the commercial risk of, one or more other entities within the entity's same commercial enterprise, or because of making loans to one or more of such other entities. Directs the Commodity Futures Trading Commission (CFTC) to provide by rule for the public reporting of swap transactions, including price and volume data, in illiquid markets that are not cleared and entered into by a nonfinancial entity that is hedging or mitigating commercial risk. Defines &quot;illiquid&quot; as any market in which the volume and frequency of trading in swaps is at such a level as to allow identification of individual market participants. Requires the CFTC to ensure that such swap transaction information is not available to the public until 30 days after the transaction has been executed, or at an appropriate later date, in order to: (1) protect the identity of participants and positions in illiquid markets, and (2) prevent the elimination or reduction of market liquidity. Accords financial entities exempt from swap-clearing requirements the same treatment as exempted affiliates. Revises the exemption of bona fide hedge transactions or positions from certain trading limitations to set criteria for CFTC rules or regulations treating swaps, contracts of sale for future delivery, or options on the contracts or commodities as bona fide hedge transactions or positions also exempt from those limitations. Declares that, if the CFTC imposes any reporting and recordkeeping requirement on any person that is not registered, or required to be registered, with the CFTC, that person shall satisfy the requirements of any pertinent rule, order, or regulation by maintaining a written record of each cash or forward transaction related to a reportable or hedging commodity interest transaction, futures contract, option on a futures contract, or swap. Makes such a written record sufficient if it: (1) memorializes the final agreement between the parties, including the transaction's material economic terms; and (2) is identifiable and searchable by transaction. States that certain requirements for adoption of rules governing capital and margin requirements for swap dealers and major swap participants, including the initial and variation margin requirements imposed by rules adopted according to such requirements, shall not apply to a swap in which a counterparty qualifies for specified exceptions or exemptions. Revises requirements for a CFTC cost-benefit analysis made before an order is issued. Requires the CFTC, acting through the Office of the Chief Economist, among other things to:  state a justification for the regulation or order; state the baseline for the cost-benefit analysis and explain how the regulation or order measures costs against the baseline; assess the costs and benefits, both qualitative and quantitative, of the intended regulation or order; measure, and seek to improve, the actual results of regulatory requirements; and propose or adopt a regulation or order only on a reasoned determination that the benefits of the intended regulation or order justify its costs. 

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Families United Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The rights and interests of U.S. citizens should be 
        protected by our Nation's immigration laws.
            (2) It is the intent of Congress to provide the Attorney 
        General and Secretary of Homeland Security with the limited 
        ability to provide fairness to the spouses, children and 
        parents of American citizens in immigration proceedings on a 
        case-by-case basis.

SEC. 3. RULES OF CONSTRUCTION.

    Nothing in this Act shall be construed--
            (1) to provide the Attorney General or the Secretary of 
        Homeland Security with the ability to expand the discretionary 
        authority beyond a case-by-case basis; or
            (2) to provide, confirm or concur legalization or 
        nationalization of persons covered under this Act, it is solely 
        designed to address hardships incurred by a small minority of 
        American families that are adversely affected by 
        inadmissibility and deportation provisions that cause family 
        separation.

SEC. 4. WAIVERS OF INADMISSIBILITY.

    (a) Aliens Who Entered as Children.--Section 212(a)(9)(B)(iii) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is 
amended by adding at the end the following:
                                    ``(VI) Aliens who entered as 
                                children.--Clause (i) shall not apply 
                                to an alien who is the beneficiary of 
                                an approved petition under 
                                101(a)(15)(H) and who has earned a 
                                baccalaureate or higher degree from a 
                                United States institution of higher 
                                education (as defined in section 101(a) 
                                of the Higher Education Act of 1965 (20 
                                U.S.C. 1001(a))), and had not yet 
                                reached the age of 16 years at the time 
                                of initial entry to the United 
                                States.''.
    (b) Aliens Unlawfully Present.--Section 212(a)(9)(B)(v) of the 
Immigration and Nationality Act (8 U.S.C. 1181(a)(9)(B)(v)) is 
amended--
            (1) by striking ``spouse or son or daughter'' and inserting 
        ``spouse, son, daughter, or parent'';
            (2) by striking ``extreme''; and
            (3) by inserting ``, child,'' after ``lawfully resident 
        spouse''.
    (c) Previous Immigration Violations.--Section 212(a)(9)(C)(i) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(i)) is 
amended by adding ``, other than an alien described in clause (iii) or 
(iv) of subparagraph (B),'' after ``Any alien''.
    (d) False Claims.--
            (1) Inadmissibility.--
                    (A) In general.--Section 212(a)(6)(C) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(6)(C)) is amended to read as follows:
                    ``(C) Misrepresentation.--
                            ``(i) In general.--Any alien who, by fraud 
                        or willfully misrepresenting a material fact, 
                        seeks to procure (or within the last 3 years 
                        has sought to procure or has procured) a visa, 
                        other documentation, or admission into the 
                        United States or other benefit provided under 
                        this Act is inadmissible.
                            ``(ii) Falsely claiming citizenship.--
                                    ``(I) Inadmissibility.--Subject to 
                                subclause (II), any alien who knowingly 
                                misrepresents himself or herself to be 
                                a citizen of the United States for any 
                                purpose or benefit under this chapter 
                                (including section 274A) or any other 
                                Federal or State law is inadmissible.
                                    ``(II) Special rule.--An alien 
                                shall not be inadmissible under this 
                                clause if the misrepresentation 
                                described in subclause (I) was made by 
                                the alien when the alien--
                                            ``(aa) was under 18 years 
                                        of age; or
                                            ``(bb) otherwise lacked the 
                                        mental competence to knowingly 
                                        misrepresent a claim of United 
                                        States citizenship.
                            ``(iii) Waiver.--The Attorney General or 
                        the Secretary of Homeland Security may, in the 
                        discretion of the Attorney General or the 
                        Secretary, waive the application of clause (i) 
                        or (ii)(I) for an alien, regardless whether the 
                        alien is within or outside the United States, 
                        if the Attorney General or the Secretary find 
                        that a determination of inadmissibility to the 
                        United States for such alien would--
                                    ``(I) result in hardship to the 
                                alien or to the alien's parent, spouse, 
                                son, or daughter who is a citizen of 
                                the United States or an alien lawfully 
                                admitted for permanent residence; or
                                    ``(II) in the case of a VAWA self-
                                petitioner, result in hardship to the 
                                alien or a parent or child of the alien 
                                who is a citizen of the United States, 
                                an alien lawfully admitted for 
                                permanent residence, or a qualified 
                                alien (as defined in section 431 of the 
                                Personal Responsibility and Work 
                                Opportunity Reconciliation Act of 1996 
                                (8 U.S.C. 1641(b))).
                        For purposes of this clause, family separation 
                        in and of itself shall be deemed to be a 
                        hardship.
                            ``(iv) Limitation on review.--No court 
                        shall have jurisdiction to review a decision or 
                        action of the Attorney General or the Secretary 
                        regarding a waiver under clause (iii).''.
                    (B) Conforming amendment.--Section 212 of the 
                Immigration and Nationality Act (8 U.S.C. 1182) is 
                amended by striking subsection (i).
            (2) Deportability.--Section 237(a)(3)(D) of the Immigration 
        and Nationality Act (8 U.S.C. 1227(a)(3)(D)) is amended to read 
        as follows:
                    ``(D) Falsely claiming citizenship.--Any alien 
                described in section 212(a)(6)(C)(ii) is deportable.''.
    (e) Definition of Conviction.--
            (1) Section 101(a)(48) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(48)) is amended by striking subparagraphs 
        (A) and (B) and inserting the following:
                    ``(A) The term `conviction' means, with respect to 
                an alien, a final, formal judgment of guilt entered by 
                a court. Where a State or Federal court enters an 
                adjudication or judgment of guilt that has been 
                withheld, deferred, expunged, annulled, invalidated or 
                vacated, or enters an order of probation without entry 
                of judgment, or any similar disposition under State or 
                Federal law such judgment or adjudication shall not be 
                considered a conviction for purposes of this Act.
                    ``(B) Any pardon entered by a State or Federal 
                authority shall render the prior conviction null and 
                void for all purposes under this Act.
                    ``(C) Any reference to a term of imprisonment or a 
                sentence with respect to an offense is deemed to 
                include only the actual period of incarceration or 
                confinement ordered by a court of law. The suspension 
                of the imposition or execution of that imprisonment or 
                sentence in whole or in part shall not be included as a 
                part of the sentence for purposes of this Act.''.
            (2) Effective date and application.--The amendments made by 
        subsection (a) shall take effect on the date of the enactment 
        of this Act and shall apply to convictions and sentences 
        entered before, on, or after the date of the enactment of this 
        Act.

SEC. 5. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL, DEPORTATION, 
              INELIGIBILITY OR INADMISSIBILITY OF CITIZEN AND RESIDENT 
              IMMEDIATE FAMILY MEMBERS.

    (a) Applications for Relief From Removal.--Section 240(c)(4) of the 
Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)) is amended by 
adding at the end the following:
                    ``(D) Judicial discretion.--In the case of an alien 
                subject to removal, deportation, ineligibility or 
                inadmissibility, the immigration judge may exercise 
                discretion to decline to order the alien removable, 
                deportable, ineligible or inadmissible from the United 
                States and terminate proceedings or grant permission to 
                reapply for admission or any application for relief 
                from removal if the judge determines that such removal, 
                deportation, ineligibility or inadmissibility is 
                against the public interest or would result in hardship 
                to the alien's United States citizen or lawful 
                permanent resident parent, spouse, or child, or the 
                judge determines the alien is prima facie eligible for 
                naturalization except that this subparagraph shall not 
                apply to an alien whom the judge determines--
                            ``(i) is inadmissible or deportable under--
                                    ``(I) subparagraph (B), (C), 
                                (D)(ii), (E), (H), or (I) of section 
                                212(a)(2);
                                    ``(II) section 212(a)(3);
                                    ``(III) subparagraph (A), (C), or 
                                (D) of section 212(a)(10); or
                                    ``(IV) paragraph (2)(A)(ii), 
                                (2)(A)(v), (2)(F), (4), or (6) of 
                                section 237(a); or
                            ``(ii) has--
                                    ``(I) engaged in conduct described 
                                in paragraph (8) or (9) of section 103 
                                of the Trafficking Victims Protection 
                                Act of 2000 (22 U.S.C. 7102); or
                                    ``(II) a felony conviction 
                                described in section 101(a)(43) that 
                                would have been classified as an 
                                aggravated felony at the time of 
                                conviction.
                        For purposes of this subparagraph, family 
                        separation in and of itself shall be deemed to 
                        be a hardship and shall be deemed to be against 
                        the public interest.''.
    (b) Secretary's Discretion.--Section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended by adding at the end the 
following:
    ``(u) Secretary's Discretion.--In the case of an alien who is 
inadmissible under this section or deportable under section 237 or 
ineligible under any provision of this Act, the Secretary of Homeland 
Security may exercise discretion to waive a ground of ineligibility, 
inadmissibility or deportability or grant permission to reapply for 
admission or any application for immigration benefits if the Secretary 
determines that such ineligibility, removal or refusal of admission is 
against the public interest or would result in hardship, including 
family separation, to the alien's United States citizen or permanent 
resident parent, spouse, or child. For purposes of this subsection, 
family separation in and of itself shall be deemed to be a hardship and 
shall be deemed to be against the public interest. This subsection 
shall not apply to an alien whom the Secretary determines--
            ``(1) is inadmissible or deportable under--
                    ``(A) subparagraph (B), (C), (D)(ii), (E), (H), or 
                (I) of subsection (a)(2);
                    ``(B) subsection (a)(3);
                    ``(C) subparagraph (A), (C), or (D) of subsection 
                (a)(10);
                    ``(D) paragraph (2)(A)(ii), (2)(A)(v), (2)(F), or 
                (6) of section 237(a); or
                    ``(E) section 240(c)(4)(D)(ii)(II); or
            ``(2) has--
                    ``(A) engaged in conduct described in paragraph (8) 
                or (9) of section 103 of the Trafficking Victims 
                Protection Act of 2000 (22 U.S.C. 7102);
                    ``(B) a felony conviction described in section 
                101(a)(43) that would have been classified as an 
                aggravated felony at the time of conviction;''.
    (c) Reinstatement of Removal Orders.--Section 241(a)(5) of the 
Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) is amended by 
striking the period at the end and inserting ``, unless the alien 
reentered prior to attaining the age of 18 years, or reinstatement of 
the prior order of removal would not be in the public interest or would 
result in hardship, including family separation, to the alien's United 
States citizen or permanent resident parent, spouse, or child.''.
[EX A]:
American Families United Act - States that nothing in this Act shall be construed to enable the Attorney General (DOJ) or the Secretary of Homeland Security (DHS) to expand his or her discretionary authority beyond a case-by-case basis, or to provide legalization or nationalization of persons covered under this Act.  Amends the Immigration and Nationality Act (INA) to revise waiver of inadmissibility requirements, among other things waiving inadmissibility for: (1) certain persons who entered the United States before age 16 who have earned a degree from a U.S. institution of higher education, (2) false claims of U.S. citizenship by persons under age 18 or lacking mental competence to knowingly misrepresent a claim, and (3) false claims of U.S. citizenship if inadmissibility would create family separation hardship for the alien (including a self-petitioner under the Violence Against Women Act) or for a U.S. citizen or lawful permanent resident family member. Authorizes parents of U.S. citizens or lawful permanent residents to apply for a waiver of inadmissibility for unlawful presence. Places a three-year limit on immigration-related misrepresentations rendering aliens inadmissible. Revises the definition &quot;conviction&quot; for INA purposes. Authorizes an immigration judge in specified circumstances, including family separation hardship, but with certain exceptions, to decline to order an alien removed, deported, or excluded and terminate related proceedings or grant permission to reapply for admission or for relief from removal.