S.1535 - Illegal Immigration Control and Enforcement Act of 1996104th Congress (1995-1996)
Bill
Hide Overview| Sponsor: | Sen. Abraham, Spencer [R-MI] (Introduced 01/26/1996) |
|---|---|
| Committees: | Senate - Judiciary |
| Latest Action: | Senate - 02/29/1996 Star Print ordered on the bill. (All Actions) |
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Introduced in Senate (01/26/1996)
[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[S. 1535 Introduced in Senate (IS)]
104th CONGRESS
2d Session
S. 1535
To strengthen enforcement of the immigration laws of the United States,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 1996
Mr. Abraham introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To strengthen enforcement of the immigration laws of the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illegal Immigration Control and
Enforcement Act of 1996''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--BORDER ENFORCEMENT
Sec. 101. Border patrol agents.
Sec. 102. Authority to acquire Federal equipment for border.
TITLE II--VISA DEPARTURE-DATE ENFORCEMENT
Sec. 201. Automated entry-exit control system.
Sec. 202. Civil penalties for failure to depart.
Sec. 203. Investigators.
TITLE III--ALIEN SMUGGLING; DOCUMENT FRAUD
Sec. 301. Wiretap authority for investigations of alien smuggling or
document fraud.
Sec. 302. Adding to RICO certain offenses relating to alien smuggling
or document fraud.
Sec. 303. Increased criminal penalties for alien smuggling.
Sec. 304. Admissibility of videotaped witness testimony.
Sec. 305. Expanded forfeiture for alien smuggling or document fraud.
Sec. 306. Criminal forfeiture for alien smuggling or document fraud.
Sec. 307. Civil penalties for bringing inadmissible aliens from
contiguous territories.
Sec. 308. Increased criminal penalties for fraudulent use of
government-issued documents.
Sec. 309. Criminal penalty for false statement in a document required
under the immigration laws or knowingly
presenting document which fails to contain
reasonable basis in law or fact.
Sec. 310. New criminal penalties for failure to disclose role as
preparer of false application for asylum or
for preparing certain post-conviction
applications.
Sec. 311. New civil penalties for document fraud.
Sec. 312. Changes in list of acceptable employment-verification
documents.
TITLE IV--CRIMINAL ALIENS
Sec. 401. Amended definition of aggravated felony.
Sec. 402. Judicial review of orders of exclusion or deportation entered
against criminal aliens.
Sec. 403. Limitations on relief from exclusion and deportation.
Sec. 404. Ineligibility of certain criminal aliens for adjustment of
status.
Sec. 405. Expeditious deportation creates no enforceable right for
aggravated felons.
Sec. 406. Custody of aliens convicted of felonies.
Sec. 407. Judicial deportation.
Sec. 408. Stipulated exclusion or deportation.
Sec. 409. Deportation as a condition of probation.
Sec. 410. Annual report on criminal aliens.
Sec. 411. Undercover investigation authority.
Sec. 412. Prisoner transfer treaties.
Sec. 413. Prisoner transfer treaties study.
Sec. 414. Using alien for immoral purposes, filing requirement.
Sec. 415. Technical corrections to Violent Crime Control Act and
Technical Corrections Act.
TITLE V--WELFARE ELIGIBILITY
Sec. 501. Ineligibility of excludable, deportable, and nonimmigrant
aliens.
Sec. 502. Definition of ``public charge'' for purposes of deportation.
Sec. 503. Requirements for sponsor's affidavit of support.
Sec. 504. Attribution of sponsor's income and resources to family-
sponsored immigrants.
Sec. 505. Authority to States and localities to limit assistance to
aliens and to distinguish among classes of
aliens in providing general public
assistance.
Sec. 506. Earned income tax credit denied to individuals not a citizen
or lawful permanent resident.
Sec. 507. Increased maximum criminal penalties for forging or
counterfeiting seal of a Federal department
or agency to facilitate benefit fraud by an
unlawful alien.
Sec. 508. State option under the medicaid program to place anti-fraud
investigators in hospitals.
Sec. 509. Limitation on the award of costs and fees.
Sec. 510. Computation of targeted assistance.
TITLE VI--EFFECTIVE DATES
Sec. 601. Effective dates.
TITLE I--BORDER ENFORCEMENT
SEC. 101. BORDER PATROL AGENTS.
The Attorney General, in each of the fiscal years 1996, 1997, 1998,
1999, and 2000--
(1) shall increase by no less than 900 the number of
positions for full-time, active-duty Border Patrol agents
within the Immigration and Naturalization Service above the
number of such positions for which funds were allotted for the
preceding fiscal year; and
(2) may increase by not more than 375 the number of
positions for personnel in support of Border Patrol agents
above the number of such positions for which funds were
allotted for the preceding fiscal year.
SEC. 102. AUTHORITY TO ACQUIRE FEDERAL EQUIPMENT FOR BORDER.
In order to facilitate or improve the detection, interdiction, and
reduction by the Immigration and Naturalization Service of illegal
immigration into the United States, the Attorney General is authorized
to acquire and utilize any Federal equipment (including, but not
limited to, fixed-wing aircraft, helicopters, four-wheel drive
vehicles, sedans, night vision goggles, night vision scopes, and sensor
units) determined available for transfer to the Department of Justice
by any other agency of the Federal Government upon request of the
Attorney General.
TITLE II--VISA DEPARTURE-DATE ENFORCEMENT
SEC. 201. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.
Not later than 2 years after the date of the enactment of this Act,
the Attorney General shall implement an automated entry and exit
control system that will enable the Attorney General to identify,
through on-line searching procedures, lawfully admitted nonimmigrants
who remain in the United States beyond the period authorized by the
Attorney General.
SEC. 202. CIVIL PENALTIES FOR FAILURE TO DEPART.
(a) Prohibition.--Any lawfully admitted nonimmigrant who remains in
the United States for more than 60 days beyond the period authorized by
the Attorney General shall be ineligible for additional nonimmigrant or
immigrant visas until the date that is--
(1) 3 years after the date the nonimmigrant departs the
United States in the case of a nonimmigrant not described in
paragraph (2); or
(2) 5 years after the date the nonimmigrant departs the
United States in the case of a nonimmigrant who without
reasonable cause fails or refuses to attend or remain in
attendance at a proceeding to determine the nonimmigrant's
deportability.
(b) Exception.--(1) Subsection (a) shall not apply to any lawfully
admitted nonimmigrant who is described in subsection (a)(1) and who
demonstrates good cause for remaining in the United States for the
entirety of the period (other than the first 60 days) during which the
nonimmigrant remained in the United States without the authorization of
the Attorney General.
(2) A final order of deportation shall not be stayed on the basis
of a claim of good cause made under this subsection.
(c) Effective Date.--Subsections (a) and (b) shall take effect on
the date of implementation of the automated entry-exit control system
described in section 201, or on the date that is 2 years after the date
of enactment of this Act, whichever is earlier.
(d) Implementation.--The Attorney General shall establish
procedures necessary to implement this section.
SEC. 203. INVESTIGATORS.
(a) Authorization.--There are authorized to be appropriated to the
Department of Justice such funds as may be necessary to enable the
Commissioner of the Immigration and Naturalization Service to increase
the number of investigators and support personnel to investigate
potential violations of this section by a number equivalent to 300
full-time active-duty investigators in each of the fiscal years 1996,
1997, and 1998.
(b) Limitation on Overtime.--None of the funds made available to
the Immigration and Naturalization Service under this section shall be
available for administrative expenses to pay any employee overtime pay
in an amount in excess of $25,000 for any fiscal year.
TITLE III--ALIEN SMUGGLING; DOCUMENT FRAUD
SEC. 301. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN SMUGGLING OR
DOCUMENT FRAUD.
Section 2516(1) of title 18, United States Code, is amended--
(1) in paragraph (c), by inserting after ``trains)'' the
following: ``, or a felony violation of section 1028 (relating
to production of false identification documentation), section
1425 (relating to the procurement of citizenship or
nationalization unlawfully), section 1426 (relating to the
reproduction of naturalization or citizenship papers), section
1427 (relating to the sale of naturalization or citizenship
papers), section 1541 (relating to passport issuance without
authority), section 1542 (relating to false statements in
passport applications), section 1543 (relating to forgery or
false use of passports), and section 1546 (relating to fraud
and misuse of visas, permits, and other documents)'';
(2) by striking ``or'' after paragraph (l);
(3) by redesignating paragraphs (m), (n), and (o) as
paragraphs (n), (o), and (p), respectively; and
(4) by inserting after paragraph (1) the following new
paragraph:
``(m) a violation of section 274, 277, or 278 of the Immigration
and Nationality Act (8 U.S.C. 1324, 1327, or 1328) (relating to the
smuggling of aliens);''.
SEC. 302. ADDING TO RICO CERTAIN OFFENSES RELATING TO ALIEN SMUGGLING
OR DOCUMENT FRAUD.
Section 1961(1) of title 18, United States Code, is amended--
(1) by striking ``or'' after ``law of the United States,'';
(2) by inserting ``or'' at the end of clause (E); and
(3) by adding at the end the following:
``(F) any act, or conspiracy to commit any act, in
violation of section 1028 (relating to production of
false identification documentation), section 1425
(relating to the procurement of citizenship or
nationalization unlawfully), section 1426 (relating to
the reproduction of naturalization or citizenship
papers), section 1427 (relating to the sale of
naturalization or citizenship papers), section 1541
(relating to passport issuance without authority),
section 1542 (relating to false statements in passport
applications), section 1543 (relating to forgery or
false use of passports), and section 1546 (relating to
fraud and misuse of visas, permits, and other
documents) of this title, for personal financial gain,
and section 274, 277, or 278 of the Immigration and
Nationality Act.''.
SEC. 303. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.
(a) In General.--Section 274(a) (8 U.S.C. 1324(a)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``or'' at the end of clause (iii);
(B) by striking the comma at the end of clause (iv)
and inserting ``; or''; and
(C) by adding at the end the following new clause:
``(v)(I) engages in any conspiracy to
commit any of the preceding acts, or
``(II) aids or abets the commission of any
of the preceding acts,'';
(2) in paragraph (1)(B)--
(A) in clause (i), by inserting ``or (v)(I)'' after
``(A)(i)'';
(B) in clause (ii), by striking ``or (iv)'' and
inserting ``(iv), or (v)(II)'';
(C) in clause (iii), by striking ``or (iv)'' and
inserting ``(iv), or (v)''; and
(D) in clause (iv), by striking ``or (iv)'' and
inserting ``(iv), or (v)'';
(3) in paragraph (2), by striking ``for each transaction
constituting a violation of this paragraph, regardless of the
number of aliens involved'' and inserting ``for each alien in
respect to whom a violation of this paragraph occurs'';
(4) in paragraph (2), at the end thereof, by striking ``be
fined'' and all that follows through the period and inserting
the following: ``be fined under title 18, United States Code,
and shall be imprisoned for a first offense not less than 3
years or more than 10 years, imprisoned for a second offense
not less than 5 years or more than 10 years, and imprisoned for
subsequent offenses not less than 10 years or more than 15
years.''; and
(5) by adding at the end the following new paragraph:
``(3) Any person who hires for employment an alien--
``(A) knowing that such alien is an unauthorized
alien (as defined in section 274A(h)(3)), and
``(B) knowing that such alien has been brought into
the United States in violation of this subsection,
shall be fined under title 18, United States Code, and
shall be imprisoned for not less than 2 years or more
than 5 years.''.
(b) Smuggling of Aliens Who Will Commit Crimes.--Section
274(a)(2)(B) (8 U.S.C. 1324(a)(2)) is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following:
``(iii) an offense committed with the
intent, or with substantial reason to believe,
that the alien unlawfully brought into the
United States will commit an offense against
the United States or any State punishable by
imprisonment for more than 1 year;''.
(c) Sentencing Guidelines.--Pursuant to section 994 of title 28,
United States Code, and section 21 of the Sentencing Act of 1987, the
United States Sentencing Commission shall promulgate guidelines or
amend existing guidelines to provide that an offender convicted of
smuggling, transporting, or harboring an unlawful alien under dangerous
or inhumane conditions in violation of section 274(a)(2)(B)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1324(a)(2)(B)(ii)) shall be
assigned a base offense level under chapter 2 of the sentencing
guidelines that is--
(1) in the case of a first offense, not lower than 22;
(2) in the case of an offender with one prior felony
conviction, not lower than 26;
(3) in the case of an offender with two prior felony
convictions, not lower than 32;
(4) in the case of bodily injury to such alien or any other
person, a required enhancement of between 2 and 6 offense
levels, in proportion to the severity of the injury inflicted;
and
(5) in the case of the death of such alien or any other
person, not lower than 41.
(d) Effective Date.--This section and the amendments made by this
section shall apply with respect to offenses occurring on or after the
date of enactment of this Act.
SEC. 304. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY.
Section 274 (8 U.S.C. 1324) is amended by adding at the end thereof
the following:
``(d) Notwithstanding the provisions of the Federal Rules of
Evidence, the videotaped (or otherwise audiovisually preserved)
deposition of a witness to a violation of subsection (a) who has been
deported or otherwise expelled from the United States, or is otherwise
unable to testify, may be admitted into evidence in an action brought
for that violation if the witness was available for cross examination
and the deposition otherwise complies with the Federal Rules of
Evidence.''.
SEC. 305. EXPANDED FORFEITURE FOR ALIEN SMUGGLING OR DOCUMENT FRAUD.
(a) In General.--Section 274(b) (8 U.S.C. 1324(b)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Any property, real or personal, which facilitates or
is intended to facilitate, or has been or is being used in or
is intended to be used in the commission of, a violation of
subsection (a) or of section 1028, 1425, 1426, 1427, 1541,
1542, 1543, 1544, or 1546 of title 18, United States Code, or
which constitutes, or is derived from or traceable to, the
proceeds obtained directly or indirectly from a commission of a
violation of subsection (a) or of section 1028, 1425, 1426,
1427, 1541, 1542, 1543, or 1546 of title 18, United States
Code, shall be subject to seizure and forfeiture, except that--
``(A) no property used by any person as a common
carrier in the transaction of business as a common
carrier shall be forfeited under the provisions of this
section unless it shall appear that the owner or other
person in charge of such property was a consenting
party or privy to the unlawful act;
``(B) no property shall be forfeited under the
provisions of this section by reason of any act or
omission established by the owner thereof to have been
committed or omitted by any person other than such
owner while such property was unlawfully in the
possession of a person other than the owner in
violation of the criminal laws of the United States or
of any State; and
``(C) no property shall be forfeited under this
paragraph to the extent of an interest of any owner, by
reason of any act or omission established by that owner
to have been committed or omitted without the knowledge
or consent of the owner, unless such action or omission
was committed by an employee or agent of the owner, and
facilitated or was intended to facilitate, or was used
in or intended to be used in, the commission of a
violation of subsection (a) or of section 1028, 1425,
1426, 1427, 1541, 1542, 1543, or 1546 of title 18,
United States Code, which was committed by the owner or
which was intended to further the business interests of
the owner, or to confer any other benefit upon the
owner.'';
(2) in paragraph (2)--
(A) by striking ``conveyance'' both places it
appears and inserting ``property''; and
(B) by striking ``is being used in'' and inserting
``is being used in, is facilitating, has facilitated,
or was intended to facilitate'';
(3) in paragraph (3)--
(A) by inserting ``(A)'' immediately after ``(3)'',
and
(B) by adding at the end the following:
``(B) Before the seizure of any real property
pursuant to this section, the Attorney General shall
provide notice and an opportunity to be heard to the
owner of the property. The Attorney General shall
prescribe such regulations as may be necessary to carry
out this subparagraph.'';
(4) in paragraphs (4) and (5), by striking ``a conveyance''
and ``conveyance'' each place such phrase or word appears and
inserting ``property''; and
(5) in paragraph (4)--
(A) by striking ``or'' at the end of subparagraph
(C),
(B) by striking the period at the end of
subparagraph (D) and inserting ``; or'', and
(C) by inserting at the end the following new
subparagraph:
``(E) transfer custody and ownership of forfeited
property to any Federal, State, or local agency
pursuant to section 616(c) of the Tariff Act of 1930
(19 U.S.C. 1616a(c)).''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to offenses occurring on or after the date of
enactment of this Act.
SEC. 306. CRIMINAL FORFEITURE FOR ALIEN SMUGGLING OR DOCUMENT FRAUD.
Section 274 (8 U.S.C. 1324(b)) is amended by redesignating
subsection (c) as subsection (d) and inserting after subsection (b) the
following:
``(c) Criminal Forfeiture.--(1) Any person convicted of a violation
of subsection (a) or of section 1028, 1425, 1426, 1427, 1541, 1542,
1543, or 1546 of title 18, United States Code, shall forfeit his
interest to the United States, irrespective of any provision of State
law--
``(A) any conveyance, including any vessel, vehicle, or
aircraft used in the commission of a violation of subsection
(a); and
``(B) any property real or personal--
``(i) that constitutes, or is derived from or is
traceable to the proceeds obtained directly or
indirectly from the commission of a violation of
subsection (a) or of section 1028, 1425, 1426, 1427,
1541, 1542, 1543, or 1546 of title 18, United States
Code; or
``(ii) that is used to facilitate, or is intended
to be used to facilitate, the commission of a violation
of subsection (a) or of section 1028, 1425, 1426, 1427,
1541, 1542, 1543, or 1546 of title 18, United States
Code.
The court, in imposing sentence on such person, shall order that the
person forfeit to the United States all property described in this
subsection.
``(2) The criminal forfeiture of property under this subsection,
including any seizure and disposition of the property and any related
administrative or judicial proceeding, shall be governed by the
provisions of section 413 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 853), except for subsections (a) and
(d) of such section 413, which subsections shall not apply to
forfeitures under this subsection.''.
SEC. 307. CIVIL PENALTIES FOR BRINGING INADMISSIBLE ALIENS FROM
CONTIGUOUS TERRITORIES.
(a) Increased Penalties.--Section 273 (8 U.S.C. 1323) is amended
by--
(1) striking ``(other than from foreign contiguous
territory)'' in subsection (a); and
(2) striking ``$3,000'' and inserting ``$5,000'' in
subsection (b).
(b) Effective Date.--The amendments made by this section shall
apply with respect to offenses occurring on or after the date of
enactment of this Act.
SEC. 308. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF
GOVERNMENT-ISSUED DOCUMENTS.
(a) Penalties for Fraud and Misuse of Government-Issued
Identification Documents.--(1) Sections 1028(b) of title 18, United
States Code, is amended to read as follows:
``(b)(1) Subject to paragraph (4), an offense under subsection (a)
which is--
``(A) the production or transfer of an identification
document or false identification document that is or appears to
be--
``(i) an identification document issued by or under
the authority of the United States, or
``(ii) a birth certificate, or a driver's license
or personal identification card,
``(B) the production or transfer of more than five
identification documents or false identification documents,
``(C) an offense under paragraph (5) of such subsection, or
``(D) used to obtain a Federal benefit;
shall be punishable by--
``(I) a fine under this title or imprisonment for not more
than 10 years, or both, for a first offense, if the offender is
under 21 years of age at the time of the offense,
``(II) a fine under this title or imprisonment for not less
than two and one-half years or more than 10 years, or both, for
a first offense, if the offender is 21 years of age or older at
the time of the offense,
``(III) a fine under this title or imprisonment for not
less than 5 years or more than 10 years, or both, for a second
offense, or
``(IV) a fine under this title or imprisonment for not less
than 10 years or more than 15 years, or both, for a third or
subsequent offense.
``(2) An offense under subsection (a) which is--
``(A) any other production or transfer of an identification
document or false identification document, or
``(B) an offense under paragraph (3) of such subsection,
shall be punishable by a fine under this title or imprisonment for not
more than three years, or both.
``(3) An offense under subsection (a) other than an offense
described in paragraph (1) or (2) shall be punishable by a fine under
this title or imprisonment for not more than one year, or both.
``(4) The maximum term of imprisonment that may be imposed for an
offense described under subparagraph (A), (B), or (C) of paragraph
(1)--
``(A) if committed to facilitate a drug trafficking crime
(as defined in section 929(a) of this title), is 15 years; and
``(B) if committed to facilitate an act of international
terrorism (as defined in section 2331 of this title), is 20
years.''.
(2) Sections 1542 through 1543 of title 18, United States Code, are
amended by striking ``Shall be fined under this title, imprisoned not
more than 10 years, or both.'' each place it appears and inserting
``Shall be punishable by--
``(1) a fine under this title or imprisonment for not more
than 10 years, or both, for a first offense, if the offender is
under 21 years of age at the time of the offense,
``(2) a fine under this title or imprisonment for not less
than two and one-half years or more than 10 years, or both, for
a first offense, if the offender is 21 years of age or older at
the time of the offense,
``(3) a fine under this title or imprisonment for not less
than 5 years or more than 10 years, or both, for a second
offense, or
``(4) a fine under this title or imprisonment for not less
than 10 years or more than 15 years, or both, for a third or
subsequent offense.
Notwithstanding any other provision of this section, the maximum term
of imprisonment that may be imposed for an offense under this section--
``(A) if committed to facilitate a drug trafficking crime
(as defined in section 929(a) of this title), is 15 years; and
``(B) if committed to facilitate an act of international
terrorism (as defined in section 2331 of this title), is 20
years.''.
(3) Section 1546(a) of title 18, United States Code, is amended by
striking ``Shall be fined under this title, imprisoned not more than 10
years, or both.'' each place it appears and inserting ``Shall be
punishable by--
``(1) a fine under this title or imprisonment for not more
than 10 years, or both, for a first offense, if the offender is
under 21 years of age at the time of the offense,
``(2) a fine under this title or imprisonment for not less
than two and one-half years or more than 10 years, or both, for
a first offense, if the offender is 21 years of age or older at
the time of the offense,
``(3) a fine under this title or imprisonment for not less
than 5 years or more than 10 years, or both, for a second
offense, or
``(4) a fine under this title or imprisonment for not less
than 10 years or more than 15 years, or both, for a third or
subsequent offense.
Notwithstanding any other provision of this subsection, the maximum
term of imprisonment that may be imposed for an offense under this
subsection--
``(A) if committed to facilitate a drug trafficking crime
(as defined in section 929(a) of this title), is 15 years; and
``(B) if committed to facilitate an act of international
terrorism (as defined in section 2331 of this title), is 20
years.''.
(4) Sections 1425 through 1427 of title 18, United States Code, are
amended by striking ``be fined not more than $5,000 or imprisoned not
more than five years, or both'' each place it appears and inserting
``be--
``(1) fined under this title or imprisoned for not less
than two and one-half years or more than 10 years, or both, for
a first offense,
``(2) fined under this title or imprisoned for not less
than 5 years or more than 10 years, or both, for a second
offense, or
``(3) fined under this title or imprisoned for not less
than 10 years or more than 15 years, or both, for a third or
subsequent offense.
Notwithstanding any other provision of this section, the maximum term
of imprisonment that may be imposed for an offense under this section--
``(A) if committed to facilitate a drug trafficking crime
(as defined in section 929(a) of this title), is 15 years; and
``(B) if committed to facilitate an act of international
terrorism (as defined in section 2331 of this title), is 20
years.''.
(b) Changes to the Sentencing Levels.--Pursuant to section 944 of
title 28, United States Code, and section 21 of the Sentencing Act of
1987, the United States Sentencing Commission shall promulgate
guidelines, or amend existing guidelines, relating to defendants
convicted of violating, or conspiring to violate, sections 1028(b)(1),
1425 through 1427, 1542 through 1543, and 1546(a) of title 18, United
States Code. The base offense level under the appropriate sections of
the United States Sentencing Guidelines shall be increased to--
(1) in the case of a first offense under sections 1425
through 1427, or a first offense if the offender was at least
21 years old at the time of the offense, not lower than 22;
(2) in the case of an offender with one prior felony
conviction, not lower than 26;
(3) in the case of an offender with two or more prior
felony convictions, not lower than 32;
(4) in the case of an offender who knew the documents were
to be used to facilitate any other criminal activity described
in section 212(a)(2)(A)(i)(II) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)(II)) or in section
101(a)(43) of such Act (8 U.S.C. 1101(a)(43)), as amended by
this Act, not lower than 34;
(5) in the case of an offender who knew--
(A) the documents were being provided to, or would
be provided to, a person the offender knew or had
reason to know had engaged or would engage in a
terrorist activity (as such terms are defined in
section 212(a)(3)(B) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(B));
(B) the documents were being provided to, or would
be provided to, facilitate a terrorist activity or
assist a person to engage in terrorist activity (as
such terms are defined in section 212(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)); or
(C) the documents were being provided to, or would
be provided to, persons involved in racketeering
enterprises (as such acts or activities are defined in
section 1952 of title 18, United States Code);
not lower than 37; and
(6) in the case of procurement, production, transfer, or
possession of more than 5 documents or related implements
within the scope of this section, a required enhancement of
between 1 and 5 offense levels, in proportion to the quantity
of documents at issue.
(c) Effective Date.--This section and the amendments made by this
section shall apply with respect to offenses occurring on or after the
date of enactment of this Act.
SEC. 309. CRIMINAL PENALTY FOR FALSE STATEMENT IN A DOCUMENT REQUIRED
UNDER THE IMMIGRATION LAWS OR KNOWINGLY PRESENTING
DOCUMENT WHICH FAILS TO CONTAIN REASONABLE BASIS IN LAW
OR FACT.
The fourth undesignated paragraph of section 1546(a) of title 18,
United States Code, is amended to read as follows:
``Whoever knowingly makes under oath, or as permitted under penalty
of perjury under section 1746 of title 28, United States Code,
knowingly subscribes as true, any false statement with respect to a
material fact in any application, affidavit, or other document required
by the immigration laws or regulations prescribed thereunder, or
knowingly presents any such application, affidavit, or other document
which contains any such false statement or which fails to contain any
reasonable basis in law or fact--''.
SEC. 310. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE AS
PREPARER OF FALSE APPLICATION FOR ASYLUM OR FOR PREPARING
CERTAIN POST-CONVICTION APPLICATIONS.
Section 274C (8 U.S.C. 1324c) is amended by adding at the end the
following new subsection:
``(e) Criminal Penalties for Failure To Disclose Role as Document
Preparer.--(1) Whoever, in any matter within the jurisdiction of the
Service under section 208 of this Act, knowingly and willfully fails to
disclose, conceals, or covers up the fact that they have, on behalf of
any person and for a fee or other remuneration, prepared or assisted in
preparing an application which was falsely made (as defined in section
274C(a)) for immigration benefits pursuant to section 208 of this Act,
or the regulations promulgated thereunder, shall be guilty of a felony
and shall be fined in accordance with title 18, United States Code,
imprisoned for not less than 2 years nor more than 5 years, or both,
and prohibited from preparing or assisting in preparing, regardless of
whether for a fee or other remuneration, any other such application.
``(2) Whoever, having been convicted of a violation of section
274C(e), knowingly and willfully prepares or assists in preparing an
application for immigration benefits pursuant to this Act, or the
regulations promulgated thereunder, regardless of whether for a fee or
other remuneration and regardless of whether in any matter within the
jurisdiction of the Service under section 208, shall be guilty of a
felony and shall be fined in accordance with title 18, United States
Code, imprisoned for not less than 5 years or more than 15 years, or
both, and prohibited from preparing or assisting in preparing any other
such application.''.
SEC. 311. NEW CIVIL PENALTIES FOR DOCUMENT FRAUD.
(a) Activities Prohibited.--Section 274C(a) (8 U.S.C. 1324c(a)) is
amended--
(1) in paragraph (1), by inserting before the comma at the
end the following: ``or to obtain a benefit under this Act'';
(2) in paragraph (2), by inserting before the comma at the
end the following: ``or to obtain a benefit under this Act'';
(3) in paragraph (3)--
(A) by inserting ``or with respect to'' after
``issued to'';
(B) by adding before the comma at the end the
following: ``or obtaining a benefit under this Act'';
and
(C) by striking ``or'' at the end;
(4) in paragraph (4)--
(A) by inserting ``or with respect to'' after
``issued to'';
(B) by adding before the period at the end the
following: ``or obtaining a benefit under this Act'';
and
(C) by striking the period at the end and inserting
``, or''; and
(5) by adding at the end the following new paragraphs:
``(5) to prepare, file, or assist another in preparing or
filing, any application for benefits under this Act, or any
document required under this Act, or any document submitted in
connection with such application or document, with knowledge or
in reckless disregard of the fact that such application or
document was falsely made or, in whole or in part, does not
relate to the person on whose behalf it was or is being
submitted, or
``(6) to (A) present before boarding a common carrier for
the purpose of coming to the United States a document which
relates to the alien's eligibility to enter the United States,
and (B) fail to present such document to an immigration officer
upon arrival at a United States port of entry.
The phrase `falsely make', as used in this section in connection with
an application or document, means prepare or provide with knowledge or
in reckless disregard of the fact that the application or document
contains a false, fictitious, or fraudulent statement or material
representation, or has no basis in law or fact, or otherwise fails to
state a fact which is material to the purpose for which it was
submitted.''.
(b) Conforming Amendments.--Section 274C(d)(3) (8 U.S.C.
1324c(d)(3)) is amended by striking ``each document used, accepted, or
created and each instance of use, acceptance, or creation'' each of the
two places it appears and inserting ``each document that is the subject
of a violation under subsection (a)''.
(c) Enhanced Civil Penalties for Document Fraud if Labor Standards
Violations are Present.--Section 274C(d) (8 U.S.C. 1324c(d)) is amended
by adding at the end the following new paragraph:
``(7) Civil penalty.--(A) The administrative law judge
shall have the authority to require payment of a civil money
penalty in an amount up to two times the level of the penalty
prescribed by this subsection in any case where the employer
has been found to have committed willful or repeated violations
of any of the following statutes:
``(i) The Fair Labor Standards Act (29 U.S.C. 201
et seq.) pursuant to a final determination by the
Secretary of Labor or a court of competent
jurisdiction.
``(ii) The Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1801 et seq.) pursuant to a
final determination by the Secretary of Labor or a
court of competent jurisdiction.
``(iii) The Family and Medical Leave Act (29 U.S.C.
2601 et seq.) pursuant to a final determination by the
Secretary of Labor or a court of competent
jurisdiction.
``(B) The Secretary of Labor and the Attorney General shall
consult regarding the administration of this paragraph.''.
(d) Waiver by Attorney General.--Section 274C(d) (8 U.S.C.
1324c(d)), as amended by subsection (c), is further amended by adding
the following new paragraph:
``(8) Waiver by attorney general.--The Attorney General
may, in his or her discretion, waive the penalties of this
section with respect to an alien who knowingly violates
paragraph (6) if the alien is granted asylum under section 208
or withholding of deportation under section 243(h).''.
(e) Effective Date.--(1) The new sentence added at the end of
section 274C(a) of the Immigration and Nationality Act by subsection
(a)(5) applies to the preparation of applications before, on, or after
the date of enactment of this Act.
(2) The amendments made by subsection (c) shall apply with respect
to offenses occurring on or after the date of enactment of this Act.
SEC. 312. CHANGES IN LIST OF ACCEPTABLE EMPLOYMENT-VERIFICATION
DOCUMENTS.
(a) Authority To Require Social Security Account Numbers.--Section
274A (8 U.S.C. 1324a) is amended by adding at the end of subsection
(b)(2) the following new sentence: ``The Attorney General is authorized
to require an individual to provide on the form described in paragraph
(1)(A) that individual's Social Security account number for purposes of
complying with this section.''.
(b) Changes in Acceptable Documentation for Employment
Authorization and Identity.--
(1) Reduction in number of acceptable employment-
verification documents.--Section 274A(b)(1) (8 U.S.C.
1324a(b)(1)) is amended--
(A) in subparagraph (B)--
(i) by striking clauses (ii), (iii), and
(iv);
(ii) by redesignating clause (v) as clause
(ii);
(iii) in clause (i), by adding at the end
``or''; and
(iv) in clause (ii) (as redesignated), by
amending the text above subclause (I) to read
as follows:
``(ii) resident alien card, alien
registration card, or other document designated
by regulation by the Attorney General, if the
document--''; and
(v) in clause (ii) (as redesignated), by
striking the period after subclause (II) and by
adding at the end the following new subclause:
``(III) and contains appropriate
security features.''; and
(B) in subparagraph (C)--
(i) by inserting ``or'' after the
``semicolon'' at the end of clause (i);
(ii) by striking clause (ii); and
(iii) by redesignating clause (iii) as
clause (ii).
(2) Authority to prohibit use of certain documents.--If the
Attorney General finds, by regulation, that any document
described in section 274A(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)(1)) as establishing
employment authorization or identity does not reliably
establish the same or is being used fraudulently to an
unacceptable degree, the Attorney General may prohibit or place
conditions on its use for purposes of the verification system
established in section 274A(b) of the Immigration and
Nationality Act or in this section.
(c) Effective Date.--The amendments made by subsections (a) and
(b)(1) shall apply with respect to hiring (or recruiting or referring)
occurring on or after such date as the Attorney General shall designate
(but not later than 180 days after the date of the enactment of this
Act).
TITLE IV--CRIMINAL ALIENS
SEC. 401. 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 Immigration and Nationality Technical
Corrections Act of 1994 (Public Law 103-416), is further amended--
(1) in subparagraph (D), by striking ``$100,000'' and
inserting ``$10,000'';
(2) in subparagraphs (F), (G), and (O), by striking ``for
which the term'' and all that follows within each such
subparagraph and inserting ``for which the term of imprisonment
imposed (regardless of any suspension of imprisonment) is at
least 1 year'';
(3) in subparagraph (J)--
(A) by striking ``for which a sentence of 5 years'
imprisonment or more may be imposed'' and inserting
``for which either the term of imprisonment imposed
(regardless of any suspension of imprisonment) is at
least 1 year or which is punishable by imprisonment of
at least 2\1/2\ years''; and
(B) by striking ``offense described'' and inserting
``offense described in section 1084 of title 18 (if it
is a second or subsequent offense), section 1955 of
such title (relating to gambling offenses), or'';
(4) in subparagraph (K)--
(A) by striking ``or'' after the semicolon in
subparagraph (i);
(B) by inserting ``or'' after the semicolon in
subparagraph (ii); and
(C) by adding at the end the following new clause:
``(iii) is described in section 2421, 2422,
or 2423 of title 18, United States Code
(relating to transportation for the purpose of
prostitution), if committed for commercial
advantage.'';
(5) in subparagraph (L)--
(A) by striking ``or'' at the end of clause (i);
(B) by inserting ``or'' at the end of clause (ii);
and
(C) by adding at the end the following new clause:
``(iii) section 601 of the National
Security Act of 1947, title 50, United States
Code (relating to protecting the identity of
undercover agents)'';
(6) in subparagraph (M), by striking ``$200,000'' and
inserting ``$10,000'';
(7) in subparagraph (N), by striking ``for the purpose of
commercial advantage'' and inserting the following: ``, except,
for a first offense, if the alien has affirmatively shown that
he or she committed the offense for the purpose of assisting,
abetting, or aiding only the alien's spouse, child, or parent
(and no other individual) to violate a provision of this Act'';
(8) by redesignating subparagraphs (P) and (Q) as
subparagraphs (R) and (S), respectively;
(9) by inserting after subparagraph (O) the following new
subparagraphs:
``(P) any offense relating to commercial bribery,
counterfeiting, forgery, or trafficking in vehicles
whose identification numbers have been altered, for
which either the term of imprisonment imposed
(regardless of any suspension of imprisonment) is at
least 1 year or which is punishable by imprisonment of
at least 2\1/2\ years;
``(Q) any offense relating to perjury or
subornation of perjury which is punishable by
imprisonment for which either the term of imprisonment
imposed (regardless of any suspension of imprisonment)
is at least 1 year or which is punishable by
imprisonment of at least 2\1/2\ years;'' and
(10) in redesignated subparagraph (R), by striking ``15''
and inserting ``5''.
(b) Effective Date of Definition.--Section 101(a)(43) (8 U.S.C.
1101(a)(43)) is amended by adding at the end the following new
sentence: ``Notwithstanding any other provision of law, the definition
in this paragraph applies for all purposes to any described offense,
regardless of whether the conviction was entered before, on, or after
the date of enactment of this paragraph or any part thereof.''.
SEC. 402. JUDICIAL REVIEW OF ORDERS OF EXCLUSION OR DEPORTATION ENTERED
AGAINST CRIMINAL ALIENS.
Section 106(a) (8 U.S.C. 1105a(a)) is amended by striking paragraph
(10) and inserting the following new paragraph:
``(10) notwithstanding any other provision of law, there
shall be no judicial review of any final order of exclusion or
deportation entered against any alien convicted of any criminal
offense covered in section 241(a)(2) (A)(iii) or (B), (C), and
(D), or any offense covered by clause (ii) of section
241(a)(2)(A) for which both predicate offenses are covered by
clause (i) of that section.''.
SEC. 403. LIMITATIONS ON RELIEF FROM EXCLUSION AND DEPORTATION.
(a) Limitation.--Section 212(c) (8 U.S.C. 1182(c)) is amended by
striking the last sentence and inserting the following: ``This
subsection shall not apply to an alien who is deportable by reason of
having committed any criminal offense covered in section 241(a)(2)
(A)(iii) or (B), (C), and (D), or any offense covered by clause (ii) of
section 241(a)(2)(A) for which both predicate offenses are covered by
clause (i) of that section.''.
SEC. 404. INELIGIBILITY OF CERTAIN CRIMINAL ALIENS FOR ADJUSTMENT OF
STATUS.
Section 244(a) (8 U.S.C. 1254(a)) is amended--
(1) by striking the parenthetical in the first sentence and
inserting ``(other than an alien who is deportable by reason of
having committed any criminal offense covered in Section
241(a)(2)(A)(iii) or (B) (C) and (D), or any offense covered in
clause (ii) of Section 241(a)(2)(A) for which both predicate
offenses are covered by clause (i) of that section, or who is
an alien described in paragraph (4)(D) of section 241(a))'';
and
(2) in subparagraph (2) by striking ``is deportable under''
and all that follows through ``not less than ten years'' and
inserting ``is deportable under paragraphs (1) (E) or (F), (3)
(B) or (C), or (4) (A) (B) or (C) of section 241(a) of this
title, has been physically present in the United States,
excluding any period during which the alien was imprisoned or
otherwise under the supervision of the criminal justice system,
for a continuous period of not less than 10 years''.
SEC. 405. EXPEDITIOUS DEPORTATION CREATES NO ENFORCEABLE RIGHT FOR
AGGRAVATED FELONS.
Section 225 of the Immigration and Nationality Technical
Corrections Act of 1994 (Public Law 103-416) is amended by striking
``section 242(i) of the Immigration and Nationality Act (8 U.S.C.
1252(i))'' and inserting ``sections 242(i) or 242A of the Immigation
and Nationality Act (8 U.S.C. 1252(i) or 1252a)''.
SEC. 406. CUSTODY OF ALIENS CONVICTED OF FELONIES.
(a) Section 236(e) (8 U.S.C. 1226(e)) is amended--
(1) in paragraph (1), by striking ``convicted of an
aggravated felony'' and inserting ``who is deport-
able by reason of having committed any criminal offense covered
in Section 241(a)(2) (A)(iii) or (B) (C) and (D), or any
offense covered in clause (ii) of Section 241(a)(2)(A) for
which both predicate offenses are covered by clause (i) of that
section''; and
(2) by amending paragraph (2) to read as follows:
``(2)(A) When a final order of deportation under
administrative processes is made against any alien who is
deportable by reason of having committed any criminal offense
covered in section 241(a)(2) (A)(iii) or (B), (C), and (D), or
any offense covered by clause (ii) of section 241(a)(2)(A) for
which both predicate offenses are covered by clause (i) of that
section, the Attorney General shall have a period of 30 days
from the later of--
``(i) the date of such order, or
``(ii) the alien's release from incarceration,
within which to effect the alien's departure from the
United States.
``(B) The Attorney General shall have sole and unreviewable
discretion to waive subparagraph (A) for aliens who are
cooperating with law enforcement authorities or for purposes of
national security.''.
(b) Section 242(a)(2) (8 U.S.C. 1252(a)(2)) is amended to read as
follows:
``(2)(A) The Attorney General shall take into custody any alien
convicted of any criminal offense covered in section 241(a)(2) (A)(iii)
or (B), (C), and (D), or any offense covered by clause (ii) of section
241(a)(2)(A) for which both predicate offenses are covered by clause
(i) of that section, upon release of the alien from incarceration and
shall deport the alien as expeditiously as possible. Notwithstanding
paragraph (1) or subsections (c) and (d) of this section the Attorney
General shall not release such felon from custody.
``(B) The Attorney General shall have sole and unreviewable
discretion to waive subparagraph (A) for aliens who are cooperating
with law enforcement authorities or for purposes of national
security.''.
(c) Section 242(c) is amended--
(1) in the first sentence--
(A) by striking ``(c)'' and inserting ``(c)(1)'';
and
(B) by inserting ``(other than an alien described
in paragraph (2))''; and
(2) by adding at the end the following:
``(2)(A) When a final order of deportation under administrative
processes is made against any alien who is deportable by reason of
having committed any criminal offense covered in section 241(a)(2)
(A)(iii) or (B), (C), and (D), or any offense covered by clause (ii) of
section 241(a)(2)(A) for which both predicate offenses are covered by
clause (i) of that section, the Attorney General shall have a period of
30 days from the later of--
``(i) the date of such order, or
``(ii) the alien's release from incarceration,
within which to effect the alien's departure from the United States.
``(B) The Attorney General shall have sole and unreviewable
discretion to waive subparagraph (A) for aliens who are cooperating
with law enforcement authorities or for purposes of national
security.``.
(d) Section 242(f) of the Immigration and Nationality Act (8 U.S.C.
1252(f)) is amended by adding at the end the following new sentence:
``Any alien who has unlawfully reentered the United States after having
previously been deported by reason of having committed any criminal
offense covered in section 241(a)(2) (A)(iii) or (B), (C), and (D), or
any offense covered by clause (ii) of section 241(a)(2)(A) for which
both predicate offenses are covered by clause (i) of that section,
shall, in addition to the punishment provided for any other crime, be
punished by imprisonment of not less than 15 years.''.
SEC. 407. JUDICIAL DEPORTATION.
(a) Section 242A (8 U.S.C. 1252a(a)(1) is amended--
(1) by amending paragraphs (1) and (2) of subsection (a) to
read as follows:
``(a) Deportation of Criminal Aliens.--
``(1) In general.--The Attorney General shall provide for
the availability of special deportation proceedings at certain
Federal, State, and local correctional facilities for aliens
convicted of any criminal offense covered in section 241(a)(2)
(A)(iii) or (B), (C), and (D), or any offense covered by clause
(ii) of section 241(a)(2)(A) for which both predicate offenses
are covered by clause (i) of that section. Such proceedings
shall be conducted in conformity with section 242 (except as
otherwise provided in this section), and in a manner which
eliminates the need for additional detention at any processing
center of the Service and in a manner which assures expeditious
deportation following the end of the alien's incarceration for
the underlying sentence.
``(2) Implementation.--With respect to an alien convicted
of any criminal offense covered in section 241(a)(2) (A)(iii)
or (B), (C), and (D), or any offense covered by clause (ii) of
section 241(a)(2)(A) for which both predicate offenses are
covered by clause (i) of that section who is taken into custody
by the Attorney General pursuant to section 242(a)(2), the
Attorney General shall, to the maximum extent practicable,
detain any such felon at a facility at which other such aliens
are detained. In the selection of such facility, the Attorney
General shall make reasonable efforts to ensure that the
alien's access to counsel and right to counsel under section
1362 are not impaired.'';
(2) by redesignating subsection (d) as subsection (c); and
(3) in subsection (c), as redesignated--
(A) by striking paragraph (1) and inserting the
following:
``(1) Authority.--Notwithstanding any other provision of
this Act, a United States district court shall have
jurisdiction to enter a judicial order of deportation at the
time of sentencing against an alien--
``(A) who is deportable pursuant to paragraphs (1)
through (5) of section 241(a);
``(B) who has at any time been convicted of a
violation of section 276 (a) or (b) (relating to
reentry of a deported alien); or
``(C) who has at any time been convicted of a
violation of section 275 (relating to entry of an alien
at an improper time or place, and to misrepresentation
and concealment of facts).
A United States Magistrate shall have jurisdiction to enter a
judicial order of deportation at the time of sentencing where
the alien has been convicted of a misdemeanor offense and the
alien is deportable under this Act.''; and
(B) by adding at the end the following new
paragraph:
``(5) Stipulated judicial order of deportation.--The United
States Attorney, with the concurrence of the Commissioner, may,
pursuant to Federal Rule of Criminal Procedure 11, enter into a
plea agreement which calls for the alien, who is deportable
under this Act, to waive the right to notice and a hearing
under this section, and stipulate to the entry of a judicial
order of deportation from the United States as a condition of
the plea agreement or as a condition of probation or supervised
release, or both. The United States District Court, in both
felony and misdemeanor cases, and the United States Magistrate
Court in misdemeanors cases, may accept such a stipulation and
shall have jurisdiction to enter a judicial order of
deportation pursuant to the terms of such stipulation.''.
SEC. 408. STIPULATED EXCLUSION OR DEPORTATION.
(a) Section 236 (8 U.S.C. 1226) is amended by adding at the end the
following new subsection:
``(f) The Attorney General shall provide by regulation for the
entry by a special inquiry officer of an order of exclusion and
deportation stipulated to by the alien and the Service. Such an order
may be entered without a personal appearance by the alien before the
special inquiry officer. A stipulated order shall constitute a
conclusive determination of the alien's excludability and deportability
from the United States.''.
(b) Section 242 (8 U.S.C. 1252) is amended in subsection (b)--
(1) by inserting ``(1)'' before the first sentence; and
(2) by striking the sentence beginning with ``Except as
provided in section 242A(d)'' and inserting the following:
``(2) The Attorney General shall further provide by
regulation for the entry by a special inquiry officer of an
order of deportation stipulated to by the alien and the
Service. Such an order may be entered without a personal
appearance by the alien before the special inquiry officer. A
stipulated order shall constitute a conclusive determination of
the alien's deportability from the United States.
``(3) The procedures prescribed in this subsection and in
section 242A(c) shall be the sole and exclusive procedures for
determining the deportability of an alien under this section.
``(4)''.
SEC. 409. DEPORTATION AS A CONDITION OF PROBATION.
Section 3563(b) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (21);
(2) by striking the period at the end of paragraph (22) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(23) be ordered deported by a United States District
Court, or United States Magistrate Court, pursuant to a
stipulation entered into by the defendant and the United States
under section 242A(c) of the Immigration and Nationality Act (8
U.S.C. 1252a(c)), except that, in the absence of a stipulation,
the United States District Court or the United States
Magistrate Court, may order deportation as a condition of
probation, if, after notice and hearing pursuant to section
242A(c) of the Immigration and Nationality Act, the Attorney
General demonstrates by clear and convincing evidence that the
alien is deportable.''.
SEC. 410. ANNUAL REPORT ON CRIMINAL ALIENS.
Not later than 12 months after the date of enactment of this Act,
and annually thereafter, the Attorney General shall submit to the
Committees on the Judiciary of the House of Representatives and of the
Senate a report detailing--
(1) the number of illegal aliens incarcerated in Federal
and State prisons for having committed felonies, stating the
number incarcerated for each type of offense;
(2) the number of illegal aliens convicted for felonies in
any Federal or State court, but not sentenced to incarceration,
in the year before the report was submitted, stating the number
convicted for each type of offense;
(3) programs and plans underway in the Department of
Justice to ensure the prompt removal from the United States of
criminal aliens subject to exclusion or deportation; and
(4) methods for identifying and preventing the unlawful
reentry of aliens who have been convicted of criminal offenses
in the United States and removed from the United States.
SEC. 411. UNDERCOVER INVESTIGATION AUTHORITY.
(a) Authorities.--With respect to any undercover investigative
operation of the Immigration and Naturalization Service which is
necessary for the detection and prosecution of crimes against the
United States--
(1) sums authorized to be appropriated for the Immigration
and Naturalization Service by this Act may be used for leasing
space within the United States, the District of Columbia, and
the territories and possessions of the United States without
regard to section 3679(a) of the Revised Statutes (31 U.S.C.
1341), section 3732(a) of the Revised Statutes (41 U.S.C.
11(a)), section 305 of the Act of June 30, 1949 (63 Stat. 396;
41 U.S.C. 255), the third undesignated paragraph under the
heading ``Miscellaneous'' of the Act of March 3, 1877 (19 Stat.
370; 40 U.S.C. 34), section 3648 of the Revised Statutes (31
U.S.C. 3324), section 3741 of the Revised Statutes (41 U.S.C.
22), and subsections (a) and (c) of section 304 of the Federal
Property and Administrative Services Act of 1949 (63 Stat. 395;
41 U.S.C. 254 (a) and (c));
(2) sums authorized to be appropriated for the Immigration
and Naturalization Service by this Act may be used to establish
or to acquire proprietary corporations or business entities as
part of an undercover operation, and to operate such
corporations or business entities on a commercial basis,
without regard to the provisions of section 304 of the
Government Corporation Control Act (31 U.S.C. 9102);
(3) sums authorized to be appropriated for the Immigration
and Naturalization Service by this Act, and the proceeds from
such undercover operation, may be deposited in banks or other
financial institutions without regard to the provisions of
section 648 of title 18 of the United States Code, and section
3639 of the Revised Statutes (31 U.S.C. 3302); and
(4) the proceeds from such undercover operation may be used
to offset necessary and reasonable expenses incurred in such
operation without regard to the provisions of section 3617 of
the Revised Statutes (31 U.S.C. 3302).
The authorization set forth in this section may be exercised only upon
written certification of the Commissioner of the Immigration and
Naturalization Service, in consultation with the Deputy Attorney
General, that any action authorized by paragraph (1), (2), (3), or (4)
is necessary for the conduct of such undercover operation.
(b) Unused Funds.--As soon as practicable after the proceeds from
an undercover investigative operation, carried out under paragraphs (3)
and (4) of subsection (a), are no longer necessary for the conduct of
such operation, such proceeds or the balance of such proceeds remaining
at the time shall be deposited into the Treasury of the United States
as miscellaneous receipts.
(c) Report.--If a corporation or business entity established or
acquired as part of an undercover operation under subsection (a)(2)
with a net value of over $50,000 is to be liquidated, sold, or
otherwise disposed of, the Immigration and Naturalization Service, as
much in advance as the Commissioner or his or her designee determine
practicable, shall report the circumstances to the Attorney General,
the Director of the Office of Management and Budget, and the
Comptroller General of the United States. The proceeds of the
liquidation, sale, or other disposition, after obligations are met,
shall be deposited in the Treasury of the United States as
miscellaneous receipts.
(d) Audits.--The Immigration and Naturalization Service shall
conduct detailed financial audits of closed undercover operations on a
quarterly basis and shall report the results of the audits in writing
to the Deputy Attorney General.
SEC. 412. PRISONER TRANSFER TREATIES.
(a) Negotiations With Other Countries.--The Secretary of State,
together with the Attorney General, may enter into an agreement with
any foreign country providing for the incarceration in that country of
any individual who--
(1) is a national of that country; and
(2) has been convicted of a criminal offense under Federal
or State law and who--
(A) is not in lawful immigration status in the
United States, or
(B) on the basis of conviction for a criminal
offense under Federal or State law, or on any other
basis, is subject to deportation under the Immigration
and Nationality Act,
for the duration of the prison term to which the individual was
sentenced for the offense referred to in paragraph (2). Any such
agreement may provide for the release of such individual pursuant to
parole procedures of that country.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) the focus of negotiations for such agreements should be
on arrangements to expedite the transfer of the individuals
described in subsection (a) and to ensure that such individuals
serve the balance of their sentences;
(2) the Secretary of State should give priority to
concluding an agreement with any country for which the
President determines that the number of individuals described
in subsection (a) who are nationals of that country in the
United States represents a significant percentage of all such
individuals in the United States; and
(3) no new treaty providing for the transfer of aliens from
Federal, State, or local incarceration facilities to a foreign
incarceration facility may permit the alien to refuse the
transfer.
(c) Prisoner Consent.--Notwithstanding any other provision of law,
except as required by treaty, the transfer of an alien from a Federal,
State, or local incarceration facility under an agreement of the type
referred to in subsection (a) shall not require consent of the alien.
(d) Annual Report.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Attorney General
shall submit a report to the Committees on the Judiciary of the House
of Representatives and of the Senate, stating whether each prisoner
transfer treaty to which the United States is a party has been
effective in the preceding 12 months in bringing about the return of
deportable incarcerated aliens to the country of which they are
nationals and in ensuring that they serve the balance of their
sentences.
(e) Training Foreign Law Enforcement Personnel.--(1) Subject to
paragraph (2), the President shall direct the Border Patrol Academy and
the Customs Service Academy to enroll for training an
appropriate number of foreign law enforcement personnel, and shall make
appointments of foreign law enforcement personnel to such academies, as
necessary to further the following United States law enforcement goals:
(A) prevention of drug smuggling and other cross-border
criminal activity;
(B) preventing illegal immigration; and
(C) preventing the illegal entry of goods into the United
States (including goods the sale of which is illegal in the
United States, the entry of which would cause a quota to be
exceeded, or which have not paid the appropriate duty or
tariff).
(2) The appointments described in paragraph (1) shall be made only
to the extent there is capacity in such academies beyond what is
required to train United States citizens needed in the Border Patrol
and Customs Service, and only of personnel from a country with which
the prisoner transfer treaty has been stated to be effective in the
most recent report referred to in subsection (d).
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 413. PRISONER TRANSFER TREATIES STUDY.
(a) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the Attorney
General shall submit to the Congress a report that describes the use
and effectiveness of the prisoner transfer treaties with the three
countries with the greatest number of their nationals incarcerated in
the United States in removing from the United States such incarcerated
nationals.
(b) Use of Treaty.--The report under subsection (a) shall include--
(1) the number of aliens convicted of a criminal offense in
the United States since November 30, 1977, who would have been
or are eligible for transfer pursuant to the treaties;
(2) the number of aliens described in paragraph (1) who
have been transferred pursuant to the treaties;
(3) the number of aliens described in paragraph (2) who
have been incarcerated in full compliance with the treaties;
(4) the number of aliens who are incarcerated in a penal
institution in the United States who are eligible for transfer
pursuant to the treaties; and
(5) the number of aliens described in paragraph (4) who are
incarcerated in Federal, State, and local penal institutions in
the United States.
(c) Recommendations.--The report under subsection (a) shall include
the recommendations of the Secretary of State and the Attorney General
to increase the effectiveness and use of, and full compliance with, the
treaties. In considering the recommendations under this subsection, the
Secretary and the Attorney General shall consult with such State and
local officials in areas disproportionately impacted by aliens
convicted of criminal offenses as the Secretary and the Attorney
General consider appropriate. Such recommendations shall address--
(1) changes in Federal laws, regulations, and policies
affecting the identification, prosecution, and deportation of
aliens who have committed a criminal offense in the United
States;
(2) changes in State and local laws, regulations, and
policies affecting the identification, prosecution, and
deportation of aliens who have committed a criminal offense in
the United States;
(3) changes in the treaties that may be necessary to
increase the number of aliens convicted of crimes who may be
transferred pursuant to the treaties;
(4) methods for preventing the unlawful reentry into the
United States of aliens who have been convicted of criminal
offenses in the United States and transferred pursuant to the
treaties;
(5) any recommendations by appropriate officials of the
appropriate government agencies of such countries regarding
programs to achieve the goals of, and ensure full compliance
with, the treaties;
(6) whether the recommendations under this subsection
require the renegotiation of the treaties; and
(7) the additional funds required to implement each
recommendation under this subsection.
SEC. 414. USING ALIEN FOR IMMORAL PURPOSES, FILING REQUIREMENT.
Section 2424 of title 18, United States Code, is amended by--
(1) in the first paragraph of subsection (a)--
(A) by striking ``alien'';
(B) by inserting after ``individual'' the first
time it appears ``, knowing or in reckless disregard of
the fact that said individual is an alien,''; and
(C) by striking ``within three years after that
individual has entered the United States from any
country, party to the arrangement adopted July 25,
1902, for the suppression of the white-slave traffic'';
(2) in the second paragraph of subsection (a)--
(A) by striking ``thirty'' and inserting ``five
business''; and
(B) by striking ``within three years after that
individual has entered the United States from any
country, party to the said arrangement for the
suppression of the white slave traffic'';
(3) in the third paragraph of subsection (a), striking
``two'' and inserting ``ten''; and
(4) in subsection (b), by striking the period after
``failing to comply with this section'' and inserting ``, or
for enforcement of the provisions of section 274A of the
Immigration and Nationality Act.''.
SEC. 415. TECHNICAL CORRECTIONS TO VIOLENT CRIME CONTROL ACT AND
TECHNICAL CORRECTIONS ACT.
(a)(1) Section 130003(c)(1) of the Violent Crime Control Act of
1994 (Public Law 103-322) is amended by striking ``a new subsection
(i)'' and inserting ``a new subsection (j)''.
(2) The amendment made by this subsection shall be effective as if
originally included in section 130003(c)(1) of such Act.
(b)(1) Section 242A(d)(4) (8 U.S.C. 1252a(d)(4)), as added by
section 224 of the Immigration and Nationality Technical Corrections
Act of 1994 (Public Law 103-416), but as redesignated as section
242A(c)(4), by section 165 of this Act, is amended by striking
``without a decision on the merits''.
(2) The amendment made by this subsection shall be effective as if
originally included in section 223 of such Act.
TITLE V--WELFARE ELIGIBILITY
SEC. 501. INELIGIBILITY OF EXCLUDABLE, DEPORTABLE, AND NONIMMIGRANT
ALIENS.
(a) Public Assistance and Benefits.--
(1) In general.--Notwithstanding any other provision of
law, an ineligible alien (as defined in subsection (e)(2))
shall not be eligible to receive any benefits under any program
of assistance provided or funded, in whole or in part, by the
Federal Government or any State or local government entity, for
which eligibility for benefits is based on need, or to receive
any grant, contract, loan, professional license, or commercial
license provided or funded by any agency of the United States
or any State or local government entity, except--
(A) emergency medical services under title XIX of
the Social Security Act,
(B) short-term, non-cash, in kind, emergency
disaster relief,
(C) assistance or benefits under the National
School Lunch Act,
(D) assistance or benefits under the Child
Nutrition Act of 1966,
(E) public health assistance for immunizations and,
if the Secretary of Health and Human Services
determines that it is necessary to prevent the spread
of a serious communicable disease, for testing and
treatment for such diseases, and
(F) with respect to nonimmigrants authorized to
work in the United States, professional or commercial
licenses required to engage in such work, if such
nonimmigrants are otherwise qualified for such
licenses.
(2) Benefits of residence.--Notwithstanding any other
provision of law, no State or local government entity shall
consider any ineligible alien as a resident when to do so would
place such alien in a more favorable position, regarding access
to, or the cost of, any benefit or government service, than a
United States citizen who is not regarded as such a resident.
(3) Notification of aliens.--(A) The agency administering a
program referred to in paragraph (1) or (2) shall, directly or,
in the case of a Federal agency, through the States, notify
individually or by public notice, all ineligible aliens who
receive benefits under the program on the date of the enactment
of this Act and whose eligibility for the program is terminated
by reason of this subsection.
(B) Nothing in subparagraph (A), may construed to require,
or authorize, that, if the notice required in such paragraph is
not given, such eligibility not be so terminated.
(b) Unemployment Benefits.--Notwithstanding any other provision of
law, only eligible aliens who have been granted employment
authorization pursuant to Federal law, and United States citizen or
nationals, may receive any portion of unemployment benefits payable out
of Federal funds, and such eligible aliens may receive only the portion
of such benefits which is attributable to the authorized employment.
(c) Social Security Benefits.--(1) Notwithstanding any other
provision of law, only eligible aliens who have been granted employment
authorization pursuant to Federal law and United States citizen or
nationals may receive any benefit under title II of the Social Security
Act, and such eligible aliens may receive only the portion of such
benefits which is attributable to the authorized employment.
(2) Notwithstanding any other provision of law, no tax or other
contribution required under the Social Security Act, paid by any alien
other than an eligible alien who has been granted employment
authorization pursuant to Federal law, or by an employer of such alien,
shall be refunded or reimbursed, in whole or in part.
(d) Housing Assistance Programs.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Housing and Urban
Development shall submit a report to the Committee on the Judiciary of
the Senate, the Committee on the Judiciary of the House of
Representatives, the Committee on Banking, Housing, and Urban Affairs
of the Senate, and the Committee on Banking and Financial Services of
the House of Representatives describing the manner in which the
Secretary is enforcing section 214 of the Housing and Community
Development Act of 1980 and containing statistics with respect to the
number of individuals denied financial assistance under such section.
(e) Definitions.--For the purposes of this section--
(1) Eligible alien.--The term ``eligible alien'' means an
individual who is--
(A) an alien lawfully admitted for permanent
residence,
(B) an alien granted asylum, within 5 years of the
grant of asylum,
(C) a refugee, within 5 years of the individual's
date of entry into the United States,
(D) an alien whose deportation has been withheld
under section 243(h) of the Immigration and Nationality
Act, within 5 years of the withholding of deportation,
or
(E) a parolee who has been paroled for a period of
1 year or more.
(2) Ineligible alien.--The term ``ineligible alien'' means
an individual who is not--
(A) a United States citizen or national; or
(B) an eligible alien.
SEC. 502. DEFINITION OF ``PUBLIC CHARGE'' FOR PURPOSES OF DEPORTATION.
(a) In General.--Section 241(a)(5) (8 U.S.C. 1251(a)(5)) is amended
to read as follows:
``(5) Public charge.--
``(A) In general.--Any alien who during the public
charge period has become a public charge, regardless of
when the cause arose, is deportable.
``(B) Exceptions.--An alien is not subject to
subparagraph (A) if the alien is a refugee or has been
granted asylum, or if--
``(i) the cause of the alien's becoming a
public charge arose after entry or, in the case
of an alien who entered as a nonimmigrant,
after adjustment to lawful permanent resident
status, and
``(ii) was a physical illness, or physical
injury, so serious the alien could not work at
any job, or a mental disability that required
continuous hospitalization.
``(C) Definitions.--
``(i) Public charge period.--For purposes
of subparagraph (A), the term `public charge
period' shall mean the period beginning on the
date the alien entered the United States and
ending, for an alien who entered the United
States as an immigrant, 5 years after entry,
or, for an alien who entered the United States
as a nonimmigrant, 5 years after the alien
adjusted to permanent resident status;
``(ii) Public charge.--For purposes of
subparagraph (A), the term `public charge'
shall include any alien who receives benefits
under any of the programs described in
subparagraph (D) for more than an aggregate of
12 months.
``(D) Programs described.--The programs described
in this subparagraph are the following:
``(i) The aid to families with dependent
children program under title IV of the Social
Security Act.
``(ii) The medicaid program under title XIX
of the Social Security Act.
``(iii) The food stamp program under the
Food Stamp Act of 1977.
``(iv) The supplemental security income
program under title XVI of the Social Security
Act.
``(v) Any State general assistance program.
``(vi) any other program of assistance
funded, in whole or in part, by the Federal
Government or any State or local government
entity, for which eligibility for benefits is
based on need, except the programs listed as
exceptions in section 201(a)(1) of the
Immigration Reform Act of 1995.''.
(b) Construction.--Nothing in subparagraph (B), (C), or (D) of
section 241(a)(5) of the Immigration and Nationality Act may be
construed to invalidate other factual bases for consideration of an
alien as a public charge which were in effect on the day before the
date of the enactment of this Act.
(c) Review of Status.--(1) In reviewing any application by an alien
for benefits under section 216, section 245, or chapter 2 of title III
of the Immigration and Nationality Act, the Attorney General shall
determine whether or not the applicant is described in section
241(a)(5)(A) of such Act.
(2) If the Attorney General determines that an alien is described
in section 241(a)(5)(A) of such Act, the Attorney General shall deny
such application and shall institute deportation proceedings with
respect to such alien, unless the Attorney General exercises discretion
to withhold or suspend deportation pursuant to any other section of
such Act.
(d) Effective Date.--This section shall apply to aliens who enter
the United States after the date of the enactment of this Act and to
aliens who entered as nonimmigrants before such date but adjust or
apply to adjust their status after such date.
SEC. 503. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.
(a) Enforceability.--No affidavit of support may be relied upon by
the Attorney General or by any consular officer to establish that an
alien is not excludable as a public charge under section 212(a)(4) of
the Immigration and Nationality Act unless such affidavit is executed
as a contract--
(1) which is legally enforceable against the sponsor by the
Federal Government and by any State, district, territory, or
possession of the United States (or any subdivision of such
State, district, territory, or possession of the United States)
which provides any benefit described in section 241(a)(5)(D),
but not later than 10 years after the sponsored individual last
receives any such benefit;
(2) in which the sponsor agrees to financially support the
sponsored individual, so that he or she will not become a
public charge, until the sponsored individual--
(A) achieves United States citizenship through
naturalization pursuant to chapter 2 of title III of
the Immigration and Nationality Act; or
(B)(i) has worked 40 qualifying quarters of
coverage as defined under title II of the Social
Security Act or can be credited with such qualifying
quarters as provided under section 436, and (ii) did
not receive any Federal public benefit as described in
section 501(a)(1) during any such quarter; and
(3) in which the sponsor agrees to submit to the
jurisdiction of any Federal or State court for the purpose of
actions brought under subsection (d) or (e).
(b) Forms.--Not later than 90 days after the date of enactment of
this Act, the Secretary of State, the Attorney General, and the
Secretary of Health and Human Services shall jointly formulate the
affidavit of support described in this section.
(c) Notification of Change of Address.--(1) The sponsor shall
notify the Attorney General and the State, district, territory, or
possession in which the sponsored individual is currently resident
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 paragraph (1) who
fails to satisfy such requirement shall be subject to a civil penalty
of--
(A) not less than $250 or more than $2,000, or
(B) if such failure occurs with knowledge that the
sponsored individual has received any benefit described in
section 241(a)(5)(D) of the Immigration and Nationality Act,
not less than $2,000 or more than $5,000.
(d) Reimbursement of Government Expenses.--(1)(A) Upon notification
that a sponsored individual has received any benefit described in
section 241(a)(5)(D) of the Immigration and Nationality Act, the
appropriate Federal, State, or local official shall request
reimbursement by the sponsor in the amount of such assistance.
(B) The Attorney General, in consultation with the Secretary of
Health and Human Resources, shall prescribe such regulations as may be
necessary to carry out subparagraph (A). Such regulations shall provide
for notification to the sponsor by certified mail to the sponsor's last
known address.
(2) If within 45 days after requesting reimbursement, the
appropriate Federal, State, or local agency has not received a response
from the sponsor indicating a willingness 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 sponsor pursuant to the affidavit
of support.
(4) No cause of action may be brought under this subsection later
than 10 years after the sponsored individual last received any benefit
described in section 241(a)(5)(D).
(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 shall preclude any appropriate
Federal, State, or local agency from directly requesting reimbusement
from a sponsor for the amount of assistance provided, or from bringing
an action against a sponsor pursuant to an affidavit of support.
(e) Jurisdiction.--(1) An action to enforce an affidavit of support
executed under section 203(a) of this Act may be brought against the
sponsor in any Federal or State court by a Federal, State, or local
agency, with respect to reimbursement.
(2) For purposes of this section, no Federal or State court shall
decline for lack of subject matter or personal jurisdiction to hear any
action brought against a sponsor under paragraph (1) if the sponsored
individual is a resident of the State in which the court is located, or
received public assistance while residing in the State.
(f) Definitions.--For the purposes of this section--
(1) the term ``sponsor'' means an individual who--
(A) is a United States citizen or national or an
alien who is lawfully admitted to the United States for
permanent residence;
(B) is 18 years of age or over; and
(C) is domiciled in any of the several States of
the United States, the District of Columbia, or any
territory or possession of the United States; and
(2) the term ``qualifying quarter'' means a three-month
period in which the sponsored individual has--
(A) earned at least the minimum necessary for the
period to count as one of the 40 quarters required to
qualify for social security retirement benefits;
(B) not received need-based public assistance; and
(C) had income tax liability for the tax year of
which the period was part.
SEC. 504. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO FAMILY-
SPONSORED IMMIGRANTS.
(a) Deeming Requirement for Federal and Federally Funded
Programs.--For purposes of determining the eligibility of a sponsored
individual for benefits, and the amount of benefits, under any Federal
program of assistance, or any program of assistance funded in whole or
in part by the Federal Government, for which eligibility is based on
need, the income and resources described in subsection (b) shall,
notwithstanding any other provision of law, be deemed to be the income
and resources of such individual.
(b) Deemed Income and Resources.--The income and resources referred
to in subsection (a) include--
(1) the income and resources of any person who, as a
sponsor of such individual's entry into the United States, or
in order to enable such individual lawfully to remain in the
United States, executed an affidavit of support or similar
agreement with respect to such individual, and
(2) the income and resources of the sponsor's spouse.
(c) Length of Deeming Period.--The requirement of subsection (a)
shall apply--
(1) for the period for which the sponsor has agreed, in
such affidavit or agreement, to provide support for such
individual, or for a period of 5 years beginning on the day
such individual was first lawfully in the United States after
the execution of such affidavit or agreement, whichever period
is longer, or
(2) until such time as the sponsored individual achieves
United States citizenship through naturalization pursuant to
chapter 2 of title III of the Immigration and Nationality Act,
whichever first occurs.
(d) Deeming Authority to State and Local Agencies.--(1) For
purposes of determining the eligibility of a sponsored individual for
benefits, and the amount of benefits, under any State or local program
of assistance for which eligibility is based on need, or any need-based
program of assistance administered by a State or local government other
than a program described in subsection (a), the State or local
government may, notwithstanding any other provision of law, require
that the income and resources described in paragraph (2) be deemed to
be the income and resources of such individual.
(2) The income and resources referred to in paragraph (1) include--
(A) the income and resources of any person who, as a
sponsor of such individual's entry into the United States, or
in order to enable such individual lawfully to remain in the
United States, executed an affidavit of support or similar
agreement with respect to such individual, and
(B) the income and resources of the sponsor's spouse.
(3) A State or local government may impose a requirement described
in paragraph (1)--
(A) for the period for which the sponsor has agreed, in
such affidavit or agreement, to provide support for such
individual, or for a period of 5 years beginning on the day
such individual was first lawfully in the United States after
the execution of such affidavit or agreement, whichever period
is longer, or
(B) until such time as the sponsored individual achieves
United States citizenship through naturalization pursuant to
chapter 2 of title III of the Immigration and Nationality Act,
whichever first occurs.
SEC. 505. AUTHORITY TO STATES AND LOCALITIES TO LIMIT ASSISTANCE TO
ALIENS AND TO DISTINGUISH AMONG CLASSES OF ALIENS IN
PROVIDING GENERAL PUBLIC ASSISTANCE.
(a) In General.--Subject to subsection (b) and notwithstanding any
other provision of law, a State or local government may prohibit or
otherwise limit or restrict the eligibility of aliens or classes of
aliens for programs of general cash public assistance furnished under
the law of the State or a political subdivision of a State.
(b) Limitation.--The authority under subsection (a) may be
exercised only to the extent that any prohibitions, limitations, or
restrictions are not more restrictive than comparable Federal programs.
For the purposes of this section, attribution to an alien of a
sponsor's income and resources for purposes of determining the
eligibility for and amount of benefits of an alien shall be considered
less restrictive than a prohibition of eligibility.
SEC. 506. EARNED INCOME TAX CREDIT DENIED TO INDIVIDUALS NOT A CITIZEN
OR LAWFUL PERMANENT RESIDENT.
(a) In General.--(1) Notwithstanding any other provision of law, no
individual may receive an earned income tax credit for any year in
which such individual was not, for the entire tax year, either a United
States citizen or national or a lawful permanent resident alien.
(2) Section 32(c)(1) of the Internal Revenue Code of 1986 (relating
to individuals eligible to claim the earned income tax credit) is
amended by adding at the end the following new subparagraph:
``(F) Identification number requirement.--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
identification number, and
``(ii) if the individual is married (within
the meaning of section 7703), the taxpayer
identification number of such individual's
spouse.''.
(b) Special Identification Number.--Section 32 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subsection:
``(k) Identification Numbers.--Solely for purposes of subsections
(c)(1)(F) and (c)(3)(D), a taxpayer identification 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).''.
(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--
(1) by striking ``and'' at the end of subparagraph (D),
(2) by striking the period at the end of subparagraph (E)
and inserting ``, and'', and
(3) by inserting after subparagraph (E) the following new
subparagraph:
``(F) an unintended 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.
SEC. 507. INCREASED MAXIMUM CRIMINAL PENALTIES FOR FORGING OR
COUNTERFEITING SEAL OF A FEDERAL DEPARTMENT OR AGENCY TO
FACILITATE BENEFIT FRAUD BY AN UNLAWFUL ALIEN.
Section 506 of title 18, United States Code, is amended to read as
follows:
``Sec. 506. Seals of departments or agencies
``(a) Whoever--
``(1) falsely makes, forges, counterfeits, mutilates, or
alters the seal of any department or agency of the United
States, or any facsimile thereof;
``(2) knowingly uses, affixes, or impresses any such
fraudulently made, forged, counterfeited, mutilated, or altered
seal or facsimile thereof to or upon any certificate,
instrument, commission, document, or paper of any description;
or
``(3) with fraudulent intent, possesses, sells, offers for
sale, furnishes, offers to furnish, gives away, offers to give
away, transports, offers to transport, imports, or offers to
import any such seal or facsimile thereof, knowing the same to
have been so falsely made, forged, counterfeited, mutilated, or
altered,
shall be fined under this title, or imprisoned not more than 5 years,
or both.
``(b) Notwithstanding subsection (a) or any other provision of law,
if a forged, counterfeited, mutilated, or altered seal of a department
or agency of the United States, or any facsimile thereof, is--
``(1) so forged, counterfeited, mutilated, or altered;
``(2) used, affixed, or impressed to or upon any
certificate, instrument, commission, document, or paper of any
description; or
``(3) with fraudulent intent, possessed, sold, offered for
sale, furnished, offered to furnish, given away, offered to
give away, transported, offered to transport, imported, or
offered to import,
with the intent or effect of facilitating an unlawful alien's
application for, or receipt of, a Federal benefit, the penalties which
may be imposed for each offense under subsection (a) shall be two times
the maximum fine, and 3 times the maximum term of imprisonment, or
both, that would otherwise be imposed for an offense under subsection
(a).
``(c) For purposes of this section--
``(1) the term `Federal benefit' means--
``(A) the issuance of any grant, contract, loan,
professional license, or commercial license provided by
any agency of the United States or by appropriated
funds of the United States; and
``(B) any retirement, welfare, Social Security,
health (including treatment of an emergency medical
condition in accordance with section 1903(v) of the
Social Security Act (19 U.S.C. 1396b(v))), disability,
veterans, public housing, education, food stamps, or
unemployment benefit, or any similar benefit for which
payments or assistance are provided by an agency of the
United States or by appropriated funds of the United
States;
``(2) the term `unlawful alien' means an individual who is
not--
``(A) a United States citizen or national;
``(B) an alien lawfully admitted to the United
States for permanent residence;
``(C) an alien granted asylum;
``(D) a refugee;
``(E) an alien whose deportation has been withheld
under section 243(h) of the Immigration and Nationality
Act; or
``(F) a parolee who has been paroled for a period
of 1 year or more; and
``(3) each instance of forgery, counterfeiting, mutilation,
or alteration shall constitute a separate offense under this
section.''.
SEC. 508. STATE OPTION UNDER THE MEDICAID PROGRAM TO PLACE ANTI-FRAUD
INVESTIGATORS IN HOSPITALS.
(a) In General.--Section 1902(a) of the Social Security Act (42
U.S.C. 1396a(a)) is amended--
(1) by striking ``and'' at the end of paragraph (61);
(2) by striking the period at the end of paragraph (62) and
inserting ``and''; and
(3) by adding after paragraph (62) the following new
paragraph:
``(63) in the case of a State that is certified by the
Attorney General as a high illegal immigration State (as
determined by the Attorney General), at the option of the
State, establish and operate a program for the placement of
anti-fraud investigators in State, county, and private
hospitals located in the State to verify the immigration status
and income eligibility of applicants for medical assistance
under the State plan prior to the furnishing of medical
assistance.''.
(b) Payment.--Section 1903 of such Act (42 U.S.C. 1396b) is
amended--
(1) by striking ``plus'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``plus''; and
(3) by adding at the end the following new paragraph:
``(8) an amount equal to the Federal medical assistance
percentage (as defined in section 1905(b)) of the total amount
expended during such quarter which are attributable to
operating a program under section 1902(a)(63).''.
(c) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the first calendar quarter beginning
after the date of the enactment of this Act.
SEC. 509. LIMITATION ON THE AWARD OF COSTS AND FEES.
(a) Limitation.--Section 2412 of title 28, United States Code, is
amended by adding at the end the following new subsection:
``(g) Costs, fees, or expenses shall not be awarded under this
section in any civil action brought by or on behalf of any individual
who is not a United States citizen or national or alien who is a lawful
permanent resident alien of the United States.''.
(b) Effective Date.--The amendments made by subsection (a) shall be
effective upon the date of enactment of this Act and shall apply to all
judgments entered and civil actions commenced thereafter.
SEC. 510. COMPUTATION OF TARGETED ASSISTANCE.
Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is amended by adding at the
end the following new subparagraph:
``(C) Except for the Targeted Assistance Ten Percent Discretionary
Program, all grants made available under this paragraph for a fiscal
year shall be allocated by the Office of Refugee Resettlement in a
manner that ensures that each qualifying county shall receive the same
amount of assistance for each refugee and entrant residing in the
county as of the beginning of the fiscal year who arrived in the United
States not more than 60 months prior to such fiscal year.''.
TITLE VI--EFFECTIVE DATES
SEC. 601. EFFECTIVE DATES.
Except as otherwise provided in this Act, this Act shall take
effect on the date on enactment.
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