Text: S.1535 — 104th Congress (1995-1996)All Information (Except Text)

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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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