Text: H.R.5013 — 107th Congress (2001-2002)All Information (Except Text)

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Introduced in House (06/25/2002)

 
[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[H.R. 5013 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5013

To amend the Immigration and Nationality Act to bar the admission, and 
 facilitate the removal, of alien terrorists and their supporters and 
      fundraisers, to secure our borders against terrorists, drug 
  traffickers, and other illegal aliens, to facilitate the removal of 
illegal aliens and aliens who are criminals or human rights abusers, to 
  reduce visa, document, employment, and voting fraud, to reform the 
           legal immigration system, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2002

 Mr. Gekas (for himself, Mr. Bartlett of Maryland, Mr. Culberson, Mr. 
Deal of Georgia, Mr. Goode, Mr. Sam Johnson of Texas, Mr. Norwood, Mr. 
 Sessions, Mr. Smith of Texas, Mr. Stump, Mr. Tancredo, and Mr. Weldon 
 of Florida) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to bar the admission, and 
 facilitate the removal, of alien terrorists and their supporters and 
      fundraisers, to secure our borders against terrorists, drug 
  traffickers, and other illegal aliens, to facilitate the removal of 
illegal aliens and aliens who are criminals or human rights abusers, to 
  reduce visa, document, employment, and voting fraud, to reform the 
           legal immigration system, 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; REFERENCES; TABLE OF CONTENTS; SEVERABILITY.

    (a) Short Title.--This Act may be cited as the ``Securing America's 
Future through Enforcement Reform Act of 2002'' (SAFER Act).
    (b) References to Immigration and Nationality Act.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Immigration and Nationality 
Act.
    (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; references; table of contents; severability.
                      TITLE I--SECURING THE BORDER

     Subtitle A--Prevention and Punishment of Criminal Smuggling, 
                 Transporting, and Harboring of Aliens

Sec. 101. Increased personnel for investigating alien smuggling.
Sec. 102. Increased criminal sentences and fines for alien smuggling.
Sec. 103. Elimination of penalty on persons rendering emergency 
                            assistance.
Sec. 104. Change to sentencing guidelines.
Sec. 105. Enhanced penalties for persons committing offenses while 
                            armed.
Sec. 106. Discontinuing grant of visas to nationals of countries not 
                            cooperating in combatting alien smuggling.
               Subtitle B--Border Personnel and Strategy

Sec. 111. Increase in full-time border patrol agents.
Sec. 112. Report on number of border patrol agents needed to secure 
                            northern border.
Sec. 113. Use of Army and Air Force to secure the border.
Sec. 114. Use of border property to secure the border.
Sec. 115. Report on border strategy.
              TITLE II--SCREENING ALIENS SEEKING ADMISSION

Sec. 201. Increase in full-time inspectors.
Sec. 202. Visa waiver program.
Sec. 203. Consular officer interviews of all visa applicants.
Sec. 204. Recodification and reform of grounds of inadmissibility.
Sec. 205. Antifraud fee.
        TITLE III--TRACKING ALIENS PRESENT IN THE UNITED STATES

Sec. 301. Entry-exit system.
Sec. 302. Collection of information regarding foreign students.
Sec. 303. Alien registration.
Sec. 304. Visa term compliance bonds.
Sec. 305. Release of aliens in removal proceedings.
Sec. 306. Detention of aliens delivered by bondsmen.
   TITLE IV--REMOVING ALIEN TERRORISTS, CRIMINALS, AND HUMAN RIGHTS 
                               VIOLATORS

                 Subtitle A--Removing Alien Terrorists

Sec. 401. Deportability of alien terrorists.
Sec. 402. Administrative removal of alien terrorists.
Sec. 403. Asylum petitions by members of terrorist organizations.
                  Subtitle B--Removing Alien Criminals

Sec. 411. Definition of criminal conviction.
Sec. 412. Removing murderers, rapists, and sexual abusers of children.
Sec. 413. Detention and release of criminal aliens pending removal 
                            decision.
           Subtitle C--Removing Alien Human Rights Violators

Sec. 421. Serious human rights violator defined.
Sec. 422. Deportability of serious human rights violators.
Sec. 423. Arrest and detention of serious human rights violators 
                            pending removal and criminal prosecution 
                            decisions.
Sec. 424. Exception to restriction on removal for serious human rights 
                            violators and terrorists.
Sec. 425. Initiation of removal proceedings against serious human 
                            rights violators by complaint.
Sec. 426. Bars to refugee status and asylum for serious human rights 
                            violators.
Sec. 427. Bar to adjustment of status for serious human rights 
                            violators.
Sec. 428. Bar to finding of good moral character for serious human 
                            rights violators.
Sec. 429. Bar to cancellation of removal for serious human rights 
                            violators.
Sec. 430. Bar to adjustment of status with respect to certain special 
                            immigrants.
Sec. 431. Criminal penalties for reentry of removed serious human 
                            rights violators.
Sec. 432. Aiding or assisting serious human rights violators to enter 
                            the United States.
Sec. 433. Revision of regulations with respect to the involuntary 
                            return of persons in danger of subjection 
                            to torture.
Sec. 434. Effective date.
 TITLE V--ENHANCING ENFORCEMENT OF THE IMMIGRATION AND NATIONALITY ACT 
                            IN THE INTERIOR

                     Subtitle A--Document Security

Sec. 501. Birth certificates.
Sec. 502. Drivers licenses.
Sec. 503. Social security cards.
            Subtitle B--Employment Eligibility Verification

Sec. 511. Employment eligibility verification system.
Sec. 512. Employment eligibility verification process.
Sec. 513. Effective date.
                       Subtitle C--Miscellaneous

Sec. 521. Increased investigative personnel.
Sec. 522. Expedited exclusion.
Sec. 523. Adjustment of status for certain aliens.
Sec. 524. Termination of continuous presence for purposes of 
                            cancellation of removal upon commission of 
                            offense rendering alien inadmissible or 
                            deportable.
Sec. 525. Reentry of removed aliens.
Sec. 526. Criminal and civil penalties for entry of aliens at improper 
                            time or place, avoidance of examination or 
                            inspection, unlawful presence, and 
                            misrepresentation or concealment of facts.
Sec. 527. Communication between Government agencies and the Immigration 
                            and Naturalization Service.
Sec. 528. Exception to removal for certain aliens.
Sec. 529. Detention facilities.
Sec. 530. Voluntary departure.
TITLE VI--ELIMINATING EXCESSIVE REVIEW AND DILATORY AND ABUSIVE TACTICS 
                    BY ALIENS IN REMOVAL PROCEEDINGS

Sec. 601. Frivolous applications.
Sec. 602. Continuances; change of venue.
Sec. 603. Burden of proof in asylum proceedings.
Sec. 604. Review of convention against torture grants and denials.
Sec. 605. Time limit for decisions in administrative appeals.
Sec. 606. Review of asylum claims.
Sec. 607. Judicial review.
 TITLE VII--VERIFICATION OF CITIZENSHIP OF VOTERS IN FEDERAL ELECTIONS

Sec. 701. Establishment of program.
Sec. 702. Responses to inquiries.
Sec. 703. Requiring verification of citizenship of registered voters 
                            and applicants.
Sec. 704. Responsibilities of Federal officials.
Sec. 705. Limitation on use of the program and any related systems.
Sec. 706. Enforcement.
Sec. 707. Chief election official defined.
Sec. 708. Authorization of appropriations.
                TITLE VIII--REFORMING LEGAL IMMIGRATION

                  Subtitle A--Promotion of Citizenship

Sec. 801. Office of Citizenship established; changes in naturalization 
                            requirements.
   Subtitle B--Treatment of Nationals of State Sponsors of Terrorism

Sec. 811. Treatment of nationals of state sponsors of terrorism.
                  Subtitle C--Legal Immigration Reform

Sec. 821. Extended family preference categories.
Sec. 822. Employment third preference category.
Sec. 823. Elimination of diversity immigrant program.
Sec. 824. Refugee admissions.
                   TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. Temporary protected status.
Sec. 902. Good moral character.
Sec. 903. Removal for aliens who make misrepresentations to procure 
                            benefits.
Sec. 904. Designations of foreign terrorist organizations.
Sec. 905. Foreign students.
Sec. 906. Pay grade GS-15 available for INS trial attorneys.
Sec. 907. Proof of identity of aliens seeking relief.
Sec. 908. Following to join defined.
Sec. 909. Information on foreign crimes.
    (d) Severability.--If any provision of this Act, or the application 
of such a provision to any person or circumstance, is held to be 
unconstitutional, the remainder of this Act, and the application of the 
provisions of this Act to any other person or circumstance, shall not 
be affected by such holding.

                      TITLE I--SECURING THE BORDER

     Subtitle A--Prevention and Punishment of Criminal Smuggling, 
                 Transporting, and Harboring of Aliens

SEC. 101. INCREASED PERSONNEL FOR INVESTIGATING ALIEN SMUGGLING.

    (a) In General.--The Attorney General, in each of the fiscal years 
2003 through 2010, shall increase the number of positions for full-
time, active-duty investigators or other enforcement personnel within 
the Immigration and Naturalization Service who are assigned to combat 
alien smuggling by not less than 50 positions above the number of such 
positions for which funds were allotted for the preceding fiscal year.
    (b) Authorization of Appropriations.--
            (1) In general.--In addition to funds otherwise available 
        for such purpose, there are authorized to be appropriated to 
        the Immigration and Naturalization Service of the Department of 
        Justice such sums as may be necessary in each of the fiscal 
        years 2003 through 2010 to carry out subsection (a), and to 
        cover the operating expenses of the Service and the Department 
        in conducting undercover investigations of alien smuggling 
        activities and in prosecuting violations of section 
        274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
        1324(a)(1)(A)) (relating to alien smuggling), resulting from 
        the increase in personnel under subsection (a).
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.
    (c) Alien Smuggling Defined.--In this section, the term ``alien 
smuggling'' means any act prohibited by paragraph (1) or (2) of section 
274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)).

SEC. 102. INCREASED CRIMINAL SENTENCES AND FINES FOR ALIEN SMUGGLING.

    (a) In General.--Subject to subsection (b), pursuant to its 
authority under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall promulgate sentencing 
guidelines or amend existing sentencing guidelines for smuggling, 
transporting, harboring, or inducing aliens under sections 274(a)(1)(A) 
of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) so as 
to--
            (1) triple the minimum term of imprisonment under that 
        section for offenses involving the smuggling, transporting, 
        harboring, or inducing of--
                    (A) 1 to 5 aliens from 10 months to 30 months;
                    (B) 6 to 24 aliens from 18 months to 54 months;
                    (C) 25 to 100 aliens from 27 months to 81 months; 
                and
                    (D) 101 aliens or more from 37 months to 111 
                months;
            (2) increase the minimum level of fines for each of the 
        offenses described in subparagraphs (A) through (D) of 
        paragraph (1) to the greater of $25,000 per alien or 3 times 
        the amount the defendant received or expected to receive as 
        compensation for the illegal activity;
            (3) increase by at least 2 offense levels above the 
        applicable enhancement in effect on the date of the enactment 
        of this Act the sentencing enhancements for intentionally or 
        recklessly creating a substantial risk of serious bodily injury 
        or causing bodily injury, serious injury, or permanent or life 
        threatening injury;
            (4) for actions causing death, increase the offense level 
        to be equivalent to that for involuntary manslaughter under 
        section 1112 of title 28, United States Code; and
            (5) for corporations or other business entities that 
        knowingly benefit from such offenses, increase the minimum 
        level of fines for each of the offenses described in 
        subparagraphs (A) through (D) of paragraph (1) to $50,000 per 
        alien employed directly, or indirectly through contract, by the 
        corporation or entity.
    (b) Exception.--Subsection (a) shall not apply to an offense that 
involved the smuggling, transporting, or harboring only of the 
defendant's spouse or child (or both the defendant's spouse and child).
    (c) Deadline.--The United States Sentencing Commission shall carry 
out subsection (a) not later than the date that is 6 months after the 
date of the enactment of this Act.

SEC. 103. ELIMINATION OF PENALTY ON PERSONS RENDERING EMERGENCY 
              ASSISTANCE.

    (a) In General.--Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is amended 
by adding at the end the following:
    ``(C) In no case may any penalty for a violation of subparagraph 
(A) be imposed on any person solely based on actions taken by the 
person to render emergency assistance to an alien found physically 
present in the United States in life threatening circumstances.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
to offenses committed after such date.

SEC. 104. CHANGE TO SENTENCING GUIDELINES.

    In the exercise of its authority under section 994 of title 28, 
United States Code, the United States Sentencing Commission shall amend 
the Federal sentencing guidelines to provide that plea bargaining and 
other prosecutorial policies, and differences in those policies among 
different districts, are not a ground for imposing a sentence outside 
the applicable guidelines range for a violation of immigration law.

SEC. 105. ENHANCED PENALTIES FOR PERSONS COMMITTING OFFENSES WHILE 
              ARMED.

    (a) In General.--Section 924(c)(1) of title 18, United States Code, 
is amended--
            (1) in subparagraph (A)--
                    (A) by inserting after ``device)'' the following: 
                ``or any violation of section 274(a)(1)(A) of the 
                Immigration and Nationality Act''; and
                    (B) by striking ``or drug trafficking crime--'' and 
                inserting ``, drug trafficking  crime, or violation of 
section 274(a)(1)(A) of the Immigration and Nationality Act--''; and
            (2) in subparagraph (D)(ii), by striking ``or drug 
        trafficking crime'' and inserting ``, drug trafficking crime, 
        or violation of section 274(a)(1)(A) of the Immigration and 
        Nationality Act''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
to offenses committed after such date.

SEC. 106. DISCONTINUING GRANT OF VISAS TO NATIONALS OF COUNTRIES NOT 
              COOPERATING IN COMBATTING ALIEN SMUGGLING.

    On being notified by the Attorney General that the government of a 
foreign country has not cooperated fully with the United States, or has 
not taken adequate steps on its own, to combat the smuggling of aliens 
into the United States from territory controlled by the state, the 
Secretary of State shall order consular officers in the country to 
discontinue granting immigrant or nonimmigrant visas, or both, to 
citizens, subjects, nationals, and residents of the country until the 
Attorney General notifies the Secretary of State that the country has 
begun to cooperate fully, or has taken adequate steps, to combat such 
smuggling.

               Subtitle B--Border Personnel and Strategy

SEC. 111. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

    The Attorney General, in each of fiscal years 2003 through 2010, 
shall increase by not less than 1,000 the number of positions for full-
time active-duty border patrol agents within the Immigration and 
Naturalization Service above the number of positions for which funds 
were allotted for the preceding fiscal year.

SEC. 112. REPORT ON NUMBER OF BORDER PATROL AGENTS NEEDED TO SECURE 
              NORTHERN BORDER.

    (a) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General of the United States shall submit 
a report to the Committees on the Judiciary of the House of 
Representatives and the Senate on the number of border patrol agents 
needed to secure the northern border of the United States.
    (b) Cooperation.--The Attorney General, the Secretary of State, the 
Secretary of Defense, and the Director of Homeland Security shall 
cooperate with the Comptroller General of the United States in carrying 
out this section.

SEC. 113. USE OF ARMY AND AIR FORCE TO SECURE THE BORDER.

    Section 1385 of title 18, United States Code, is amended by 
inserting after ``execute the laws'' the following: ``other than at or 
near a border of the United States in order to prevent aliens, 
terrorists, and drug smugglers from entering the United States''.

SEC. 114. USE OF BORDER PROPERTY TO SECURE THE BORDER.

    Section 102(c) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended by striking 
``this section.'' and inserting ``this section and to secure the 
borders of the United States against aliens, terrorists, and drug 
smugglers.''.

SEC. 115. REPORT ON BORDER STRATEGY.

    (a) Evaluation of Strategy.--The Comptroller General of the United 
States shall track, monitor, and evaluate the Attorney General's 
strategy to deter illegal entry in the United States to determine the 
efficacy of such strategy.
    (b) Cooperation.--The Attorney General, the Secretary of State, and 
the Secretary of Defense shall cooperate with the Comptroller General 
of the United States in carrying out subsection (a).
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, and every year thereafter for the succeeding 5 
years, the Comptroller General of the United States shall submit a 
report to the Committees on the Judiciary of the House of 
Representatives and of the Senate on the results of the activities 
undertaken under subsection (a) during the previous year. Each such 
report shall include an analysis of the degree to which the Attorney 
General's strategy has been effective in reducing illegal entry. Each 
such report shall include a collection and systematic analysis of data, 
including workload indicators, related to activities to deter illegal 
entry and recommendations to improve and increase border security at 
the border and ports of entry.

              TITLE II--SCREENING ALIENS SEEKING ADMISSION

SEC. 201. INCREASE IN FULL-TIME INSPECTORS.

    (a) In General.--The Attorney General, in each of fiscal years 2003 
through 2010, shall increase by not less than 250 the number of 
positions for full-time inspectors within the Immigration and 
Naturalization Service above the number of positions for which funds 
were allotted for the preceding fiscal year.
    (b) Repeal.--Section 101(a)(1) of the Enhanced Border Security and 
Visa Entry Reform Act of 2002 (Public Law 107-173) is repealed.

SEC. 202. VISA WAIVER PROGRAM.

    (a) Passport Requirements.--Section 217(a)(3) (8 U.S.C. 1187(a)(3)) 
is amended to read as follows:
            ``(3) Machine-readable, tamper-resistant passport with 
        biometric identifiers.--On and after October 26, 2005, the 
        alien at the time of application for admission is in possession 
        of a valid unexpired machine-readable passport that--
                    ``(A) satisfies the internationally accepted 
                standard for machine readability;
                    ``(B) is tamper-resistant; and
                    ``(C) incorporates biometric and document 
                authentification identifiers that comply with 
                applicable biometric and document identifying standards 
                established by the International Civil Aviation 
                Organization.''.
    (b) Repeal.--Section 303(c) of the Enhanced Border Security and 
Visa Entry Reform Act of 2002 (Public Law 107-173) is repealed.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 26, 2005.

SEC. 203. CONSULAR OFFICER INTERVIEWS OF ALL VISA APPLICANTS.

    (a) In General.--Section 221 (8 U.S.C. 1201) is amended by adding 
at the end the following:
    ``(j) Prior to the issuance of an immigrant or nonimmigrant visa to 
any alien, the consular officer shall require such alien to submit to 
an in-person interview in accordance with such regulations as may be 
prescribed.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the amendment made by subsection (a) such 
sums as may be necessary for fiscal years 2003 through 2010.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to visas issued after October 1, 2002.

SEC. 204. RECODIFICATION AND REFORM OF GROUNDS OF INADMISSIBILITY.

    (a) Transfer and Redesignation.--Section 212 (8 U.S.C. 1182) is 
amended--
            (1) by transferring subsection (e) to the end of section 
        222 (8 U.S.C. 1202) and redesignating it as subsection (h);
            (2) by transferring subsections (j), (m), (n), and (q) to 
        the end of section 214 (8 U.S.C. 1202) and redesignating them 
        as subsections (s), (t), (u), and (v), respectively; and
            (3) by amending the remainder of such section to read as 
        follows:

``SEC. 212. GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND 
              INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILITY.

    ``(a) Classes of Aliens Ineligible for Visas or Admission.--Except 
as otherwise provided in this Act, aliens who are inadmissible under 
the following paragraphs are ineligible to receive visas and ineligible 
to be admitted to the United States:
            ``(1) Health-related grounds.--
                    ``(A) In general.--Any alien--
                            ``(i) who is determined (in accordance with 
                        regulations prescribed by the Secretary of 
                        Health and Human Services) to have a 
                        communicable disease of public health 
                        significance, which shall include infection 
                        with the etiologic agent for acquired immune 
                        deficiency syndrome;
                            ``(ii) except as provided in subparagraph 
                        (C), who seeks admission as an immigrant, or 
                        who seeks adjustment of status to the status of 
                        an alien lawfully admitted for permanent 
                        residence, and who has failed to present 
                        documentation of having received vaccination 
                        against vaccine-preventable diseases, which 
                        shall include at least the following diseases: 
                        mumps, measles, rubella, polio, tetanus and 
                        diphtheria toxoids, pertussis, influenza type B 
                        and hepatitis B, and any other vaccinations 
                        against vaccine-preventable diseases 
                        recommended by the Advisory Committee for 
                        Immunization Practices;
                            ``(iii) who is determined (in accordance 
                        with regulations prescribed by the Secretary of 
                        Health and Human Services in consultation with 
                        the Attorney General)--
                                    ``(I) to have a physical or mental 
                                disorder and behavior associated with 
                                the disorder that may pose, or has 
                                posed, a threat to the property, 
                                safety, or welfare of the alien or 
                                others; or
                                    ``(II) to have had a physical or 
                                mental disorder and a history of 
                                behavior associated with the disorder, 
                                which behavior has posed a threat to 
                                the property, safety, or welfare of the 
                                alien or others and which behavior is 
                                likely to recur or to lead to other 
                                harmful behavior; or
                            ``(iv) who is determined (in accordance 
                        with regulations prescribed by the Secretary of 
                        Health and Human Services) to be a drug abuser 
                        or addict,
                is inadmissible.
                    ``(B) Waiver authorized.--For provision authorizing 
                waiver of certain clauses of subparagraph (A), see 
                subsection (e).
                    ``(C) Exception from immunization requirement for 
                adopted children 10 years of age or younger.--Clause 
                (ii) of subparagraph (A) shall not apply to a child 
                who--
                            ``(i) is 10 years of age or younger;
                            ``(ii) is described in section 
                        101(b)(1)(F); and
                            ``(iii) is seeking an immigrant visa as an 
                        immediate relative under section 201(b),
                if, prior to the admission of the child, an adoptive 
                parent or prospective adoptive parent of the child, who 
                has sponsored the child for admission as an immediate 
                relative, has executed an affidavit stating that the 
                parent is aware of the provisions of subparagraph 
                (A)(ii) and will ensure that, within 30 days of the 
                child's admission, or at the earliest time that is 
                medically appropriate, the child will receive the 
                vaccinations identified in such subparagraph.
            ``(2) Criminal and related grounds.--
                    ``(A) Conviction of certain crimes.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), any alien convicted of, or who 
                        admits having committed, or who admits 
                        committing acts which constitute the essential 
                        elements of--
                                    ``(I) a crime involving moral 
                                turpitude (other than a purely 
                                political offense) or an attempt or 
                                conspiracy to commit such a crime; or
                                    ``(II) a violation of (or a 
                                conspiracy or attempt to violate) any 
                                law or regulation of a State, the 
                                United States, or a foreign country 
                                relating to a controlled substance (as 
                                defined in section 102 of the 
                                Controlled Substances Act (21 U.S.C. 
                                802)),
                        is inadmissible.
                            ``(ii) Exception.--Clause (i)(I) shall not 
                        apply to an alien who committed only one crime 
                        if--
                                    ``(I) the crime was committed when 
                                the alien was under 18 years of age, 
                                and the crime was committed (and the 
                                alien released from any confinement to 
                                a prison or correctional institution 
                                imposed for the crime) more than 5 
                                years before the date of application 
                                for a visa or other documentation and 
                                the date of application for admission 
                                to the United States; or
                                    ``(II) the maximum penalty possible 
                                for the crime of which the alien was 
                                convicted (or which the alien admits 
                                having committed or of which the acts 
                                that the alien admits having committed 
                                constituted the essential elements) did 
                                not exceed imprisonment for one year 
                                and, if the alien was convicted of such 
                                crime, the alien was not sentenced to a 
                                term of imprisonment in excess of 6 
                                months (regardless of the extent to 
                                which the sentence was ultimately 
                                executed).
                    ``(B) Multiple criminal convictions.--Any alien 
                convicted of 2 or more offenses (other than purely 
                political offenses), regardless of whether the 
                conviction was in a single trial or whether the 
                offenses arose from a single scheme of misconduct and 
                regardless of whether the offenses involved moral 
                turpitude, for which the aggregate sentences to 
                confinement were 5 years or more is inadmissible.
                    ``(C) Controlled substance traffickers.--Any alien 
                who the consular officer or the Attorney General knows 
                or has reason to believe--
                            ``(i) is or has been an illicit trafficker 
                        in any controlled substance or in any listed 
                        chemical (as defined in section 102 of the 
                        Controlled Substances Act (21 U.S.C. 802)), or 
                        is or has been a knowing aider, abettor, 
                        assistant, conspirator, or colluder with others 
                        in the illicit trafficking in any such 
                        controlled or listed substance or chemical, or 
                        endeavored to do so; or
                            ``(ii) is the spouse, son, or daughter of 
                        an alien inadmissible under clause (i), has, 
                        within the previous 5 years, obtained any 
                        financial or other benefit from the illicit 
                        activity of that alien, and knew or reasonably 
                        should have known that the financial or other 
                        benefit was the product of such illicit 
                        activity,
                is inadmissible.
                    ``(D) Prostitution and commercialized vice.--Any 
                alien who--
                            ``(i) is coming to the United States 
                        solely, principally, or incidentally to engage 
                        in prostitution, or has engaged in prostitution 
                        within 10 years of the date of application for 
                        a visa, admission, or adjustment of status;
                            ``(ii) directly or indirectly procures or 
                        attempts to procure, or (within 10 years of the 
                        date of application for a visa, entry, or 
                        adjustment of status) procured or attempted to 
                        procure or to import, prostitutes or persons 
                        for the purpose of prostitution, or receives or 
                        (within such 10-year period) received, in whole 
                        or in part, the proceeds of prostitution; or
                            ``(iii) is coming to the United States to 
                        engage in any other unlawful commercialized 
                        vice, whether or not related to prostitution,
                is inadmissible.
                    ``(E) Certain aliens involved in serious criminal 
                activity who have asserted immunity from prosecution.--
                Any alien--
                            ``(i) who has committed in the United 
                        States at any time a serious criminal offense 
                        (as defined in section 101(h));
                            ``(ii) for whom immunity from criminal 
                        jurisdiction was exercised with respect to that 
                        offense;
                            ``(iii) who as a consequence of the offense 
                        and exercise of immunity has departed from the 
                        United States; and
                            ``(iv) who has not subsequently submitted 
                        fully to the jurisdiction of the court in the 
                        United States having jurisdiction with respect 
                        to that offense,
                is inadmissible.
                    ``(F) Waiver authorized.--For provision authorizing 
                waiver of certain subparagraphs of this paragraph, see 
                subsection (f).
                    ``(G) Serious human rights abusers.--Any serious 
                human rights violator is inadmissible.
                    ``(H) Significant traffickers in persons.--
                            ``(i) In general.--Any alien who is listed 
                        in a report submitted pursuant to section 
                        111(b) of the Trafficking Victims Protection 
                        Act of 2000, or who the consular officer or the 
                        Attorney General knows or has reason to believe 
                        is or has been a knowing aider, abettor, 
                        assistant, conspirator, or colluder with such a 
                        trafficker in severe forms of trafficking in 
                        persons, as defined in section 103 of such Act, 
                        is inadmissible.
                            ``(ii) Beneficiaries of trafficking.--
                        Except as provided in clause (iii), any alien 
                        who the consular officer or the Attorney 
                        General knows or has reason to believe is the 
                        spouse, son, or daughter of an alien 
                        inadmissible under clause (i), has, within the 
                        previous 5 years, obtained any financial or 
                        other benefit from the illicit activity of that 
                        alien, and knew or reasonably should have known 
                        that the financial or other benefit was the 
                        product of such illicit activity, is 
                        inadmissible.
                            ``(iii) Exception for certain sons and 
                        daughters.--Clause (ii) shall not apply to a 
                        son or daughter who was a child at the time he 
                        or she received the benefit described in such 
                        clause.
                    ``(I) Money laundering.--Any alien--
                            ``(i) who a consular officer or the 
                        Attorney General knows, or has reason to 
                        believe, has engaged, is engaging, or seeks to 
                        enter the United States to engage, in an 
                        offense which is described in section 1956 or 
                        1957 of title 18, United States Code (relating 
                        to laundering of monetary instruments); or
                            ``(ii) who a consular officer or the 
                        Attorney General knows is, or has been, a 
                        knowing aider, abettor, assistant, conspirator, 
                        or colluder with others in an offense which is 
                        described in such section,
                is inadmissible.
                    ``(J) Aggravated felony.--
                            ``(i) In general.--Any alien convicted of 
                        an aggravated felony is inadmissible.
                            ``(ii) Waiver authorized.--Clause (i) shall 
                        not apply in the case of an alien with respect 
                        to a criminal conviction if the alien 
                        subsequent to the criminal conviction has been 
                        granted a full and unconditional pardon by the 
                        President of the United States or by the 
                        Governor of any State.
                    ``(K) Certain firearm offenses.--Any alien who is 
                convicted under any law of purchasing, selling, 
                offering for sale, exchanging, using, owning, 
                possessing, or carrying, or of attempting or conspiring 
                to purchase, sell, offer for sale, exchange, use, own, 
                possess, or carry, any weapon, part, or accessory which 
                is a firearm or destructive device (as defined in 
                section 921(a) of title 18, United States Code) in 
                violation of any law is inadmissible.
            ``(3) Security and related grounds.--
                    ``(A) In general.--Any alien who a consular officer 
                or the Attorney General knows, or has reasonable ground 
                to believe, seeks to enter the United States to engage 
                solely, principally, or incidentally in--
                            ``(i) any activity--
                                    ``(I) to violate any law of the 
                                United States relating to espionage or 
                                sabotage; or
                                    ``(II) to violate or evade any law 
                                prohibiting the export from the United 
                                States of goods, technology, or 
                                sensitive information;
                            ``(ii) any other unlawful activity, 
                        including participation in a criminal 
                        enterprise, conspiracy, or scheme; or
                            ``(iii) any activity a purpose of which is 
                        the opposition to, or the control or overthrow 
                        of, the Government of the United States by 
                        force, violence, or other unlawful means,
                is inadmissible.
                    ``(B) Terrorist activities.--
                            ``(i) In general.--Any alien who--
                                    ``(I) has engaged in a terrorist 
                                activity;
                                    ``(II) a consular officer or the 
                                Attorney General knows, or has 
                                reasonable ground to believe, is 
                                engaged in or is likely to engage after 
                                entry in any terrorist activity (as 
                                defined in clause (iv));
                                    ``(III) has, under circumstances 
                                indicating an intention to cause death 
                                or serious bodily harm, incited 
                                terrorist activity;
                                    ``(IV) is a representative (as 
                                defined in clause (v)) of--
                                            ``(aa) a terrorist 
                                        organization; or
                                            ``(bb) a political, social, 
                                        or other group that endorses or 
                                        espouses terrorist activity;
                                    ``(V) is a member of a terrorist 
                                organization;
                                    ``(VI) endorses or espouses 
                                terrorist activity or persuades others 
                                to endorse or espouse terrorist 
                                activity or support a terrorist 
                                organization;
                                    ``(VII) had information about an 
                                activity that the alien knew, or should 
                                have known, was a terrorist activity 
                                (before or after such activity occurred 
                                or while it was ongoing), knew, or 
                                should have known, that such 
                                information was not public information, 
                                and failed to report such information 
                                to a governmental authority; or
                                    ``(VIII) is the spouse or child of 
                                an alien who is inadmissible under this 
                                subparagraph, if the activity causing 
                                the alien to be found inadmissible 
                                occurred within the last 5 years,
                        is inadmissible. An alien who is an officer, 
                        official, representative, or spokesman of the 
                        Palestine Liberation Organization is 
                        considered, for purposes of this Act, to be 
                        engaged in a terrorist activity.
                            ``(ii) Exception.--Subclause (VII) of 
                        clause (i) does not apply to a spouse or 
                        child--
                                    ``(I) who did not know or should 
                                not reasonably have known of the 
                                activity causing the alien to be found 
                                inadmissible under this subparagraph; 
                                or
                                    ``(II) whom the consular officer or 
                                Attorney General has reasonable grounds 
                                to believe has renounced the activity 
                                causing the alien to be found 
                                inadmissible under this subparagraph.
                            ``(iii) Terrorist activity defined.--As 
                        used in this subparagraph, the term `terrorist 
                        activity' means any activity which is unlawful 
                        under the laws of the place where it is 
                        committed (or which, if it had been or were to 
                        be committed in the United States, would be 
                        unlawful under the laws of the United States or 
                        any State) and which involves any of the 
                        following:
                                    ``(I) The hijacking or sabotage of 
                                any conveyance (including an aircraft, 
                                vessel, or vehicle).
                                    ``(II) The seizing or detaining, 
                                and threatening to kill, injure, or 
                                continue to detain, another individual 
                                in order to compel a third person 
                                (including a governmental organization) 
                                to do or abstain from doing any act as 
                                an explicit or implicit condition for 
                                the release of the individual seized or 
                                detained.
                                    ``(III) A violent attack upon an 
                                internationally protected person 
(as defined in section 1116(b)(4) of title 18, United States Code) or 
upon the liberty of such a person.
                                    ``(IV) An assassination.
                                    ``(V) The use of any--
                                            ``(aa) biological agent, 
                                        chemical agent, or nuclear 
                                        weapon or device; or
                                            ``(bb) explosive, firearm, 
                                        or other weapon or dangerous 
                                        device (other than for mere 
                                        personal monetary gain),
                                with intent to endanger, directly or 
                                indirectly, the safety of one or more 
                                individuals or to cause substantial 
                                damage to property.
                                    ``(VI) A threat, attempt, or 
                                conspiracy to do any of the foregoing.
                            ``(iv) Engage in terrorist activity 
                        defined.--As used in this subparagraph, the 
                        term `engage in terrorist activity' means, in 
                        an individual capacity or as a member of an 
                        organization--
                                    ``(I) to commit or to incite to 
                                commit, under circumstances indicating 
                                an intention to cause death or serious 
                                bodily injury, a terrorist activity;
                                    ``(II) to prepare or plan a 
                                terrorist activity;
                                    ``(III) to gather information on 
                                potential targets for terrorist 
                                activity;
                                    ``(IV) to solicit funds or other 
                                things of value for--
                                            ``(aa) a terrorist 
                                        activity;
                                            ``(bb) a terrorist 
                                        organization described in 
                                        clause (vi)(I) or (vi)(II); or
                                            ``(cc) a terrorist 
                                        organization described in 
                                        clause (vi)(III), unless the 
                                        solicitor can demonstrate by 
                                        clear and convincing evidence 
                                        that he did not know, and 
                                        should not reasonably have 
                                        known, that the organization 
                                        was a terrorist organization;
                                    ``(V) to solicit any individual--
                                            ``(aa) to engage in conduct 
                                        otherwise described in this 
                                        clause;
                                            ``(bb) for membership in a 
                                        terrorist organization 
                                        described in clause (vi)(I) or 
                                        (vi)(II); or
                                            ``(cc) for membership in a 
                                        terrorist organization 
                                        described in clause (vi)(III), 
                                        unless the solicitor can 
                                        demonstrate by clear and 
                                        convincing evidence that he did 
                                        not know, and should not 
                                        reasonably have known, that the 
                                        organization was a terrorist 
                                        organization; or
                                    ``(VI) to commit an act that the 
                                actor knows, or reasonably should know, 
                                affords material support, including a 
                                safe house, transportation, 
                                communications, funds, transfer of 
                                funds or other material financial 
                                benefit, false documentation or 
                                identification, weapons (including 
                                chemical, biological, or radiological 
                                weapons), explosives, or training--
                                            ``(aa) for the commission 
                                        of a terrorist activity;
                                            ``(bb) to any individual 
                                        who the actor knows, or 
                                        reasonably should know, has 
                                        committed or plans to commit a 
                                        terrorist activity; or
                                            ``(cc) to a terrorist 
                                        organization described in 
                                        subclauses (I) through (III) of 
                                        clause (vi).
                            ``(v) Representative defined.--As used in 
                        this subparagraph, the term `representative' 
                        includes an officer, official, or spokesman of 
                        an organization, and any person who directs, 
                        counsels, commands, or induces an organization 
                        or its members to engage in terrorist activity.
                            ``(vi) Terrorist organization defined.--As 
                        used in this section, the term `terrorist 
                        organization' means an organization--
                                    ``(I) designated under section 219;
                                    ``(II) otherwise designated, upon 
                                publication in the Federal Register, by 
                                the Secretary of State in consultation 
                                with or upon the request of the 
                                Attorney General, as a terrorist 
                                organization, after finding that the 
                                organization engages in the activities 
                                described in subclauses (I) through 
                                (VI) of clause (iv), or that the 
                                organization provides material support 
                                to further terrorist activity; or
                                    ``(III) that is a group of two or 
                                more individuals, whether organized or 
                                not, which engages in, or has a 
                                subgroup which engages in, the 
                                activities described in subclauses (I) 
                                through (VI) of clause (iv).
                    ``(C) Foreign policy.--An alien whose entry or 
                proposed activities in the United States the Secretary 
                of State has reasonable ground to believe would have 
                potentially serious adverse foreign policy consequences 
                for the United States is inadmissible.
                    ``(D) Immigrant membership in totalitarian party.--
                            ``(i) In general.--Any immigrant who is or 
                        has been a member of or affiliated with the 
                        Communist or any other totalitarian party (or 
                        subdivision or affiliate thereof), domestic or 
                        foreign, is inadmissible.
                            ``(ii) Exception for involuntary 
                        membership.--Clause (i) shall not apply to an 
                        alien because of membership or affiliation if 
                        the alien establishes to the satisfaction of 
                        the consular officer when applying for a visa 
                        (or to the satisfaction of the Attorney General 
                        when applying for admission) that the 
                        membership or affiliation is or was 
                        involuntary, or is or was solely when under 16 
                        years of age, by operation of law, or for 
                        purposes of obtaining employment, food rations, 
                        or other essentials of living and necessary for 
                        such purposes.
                            ``(iii) Exception for past membership.--
                        Clause (i) shall not apply to an alien because 
                        of membership or affiliation if the alien 
                        establishes to the satisfaction of the consular 
                        officer when applying for a visa (or to the 
                        satisfaction of the Attorney General when 
                        applying for admission) that--
                                    ``(I) the membership or affiliation 
                                terminated at least--
                                            ``(aa) 2 years before the 
                                        date of such application; or
                                            ``(bb) 5 years before the 
                                        date of such application, in 
                                        the case of an alien whose 
                                        membership or affiliation was 
                                        with the party controlling the 
                                        government of a foreign state 
                                        that is a totalitarian 
                                        dictatorship as of such date; 
                                        and
                                    ``(II) the alien is not a threat to 
                                the security of the United States.
                    ``(E) Participants in nazi persecutions.--Any alien 
                who, during the period beginning on March 23, 1933, and 
                ending on May 8, 1945, under the direction of, or in 
                association with--
                            ``(i) the Nazi government of Germany;
                            ``(ii) any government in any area occupied 
                        by the military forces of the Nazi government 
                        of Germany;
                            ``(iii) any government established with the 
                        assistance or cooperation of the Nazi 
                        government of Germany; or
                            ``(iv) any government which was an ally of 
                        the Nazi government of Germany,
                ordered, incited, assisted, or otherwise participated 
                in the persecution of any person because of race, 
                religion, national origin, or political opinion, is 
                inadmissible.
                    ``(F) Association with terrorist organizations.--
                Any alien who the Secretary of State, after 
                consultation with the Attorney General, or the Attorney 
                General, after consultation with the Secretary of 
                State, determines has been associated with a terrorist 
                organization and intends while in the United States to 
                engage solely, principally, or incidentally in 
                activities that could endanger the welfare, safety, or 
                security of the United States is inadmissible.
                    ``(G) National security consequences.--An alien 
                whose entry or proposed activities in the United States 
                the Attorney General has reasonable grounds to believe 
                would have potentially serious adverse consequences for 
                the national security of the United States is 
                inadmissible.
            ``(4) Public charge.--
                    ``(A) In general.--Any alien who, in the opinion of 
                the consular officer at the time of application for a 
                visa, or in the opinion of the Attorney General at the 
                time of application for admission or adjustment of 
                status, is likely at any time to become a public charge 
                is inadmissible.
                    ``(B) Factors to be taken into account.--
                            ``(i) In general.--In determining whether 
                        an alien is inadmissible under this paragraph, 
                        the consular officer or the Attorney General 
                        shall at a minimum consider the alien's--
                                    ``(I) age;
                                    ``(II) health;
                                    ``(III) family status;
                                    ``(IV) assets, resources, and 
                                financial status; and
                                    ``(V) education and skills.
                            ``(ii) Affidavit of support.--In addition 
                        to the factors under clause (i), the consular 
                        officer or the Attorney General may also 
                        consider any affidavit of support under section 
                        213A for purposes of exclusion under this 
                        paragraph.
                    ``(C) Family-sponsored immigrants.--Any alien who 
                seeks admission or adjustment of status under a visa 
                number issued under section 201(b)(2) or 203(a) is 
                inadmissible under this paragraph unless--
                            ``(i) the alien has obtained--
                                    ``(I) status as a spouse or a child 
                                of a United States citizen pursuant to 
                                clause (ii), (iii), or (iv) of section 
                                204(a)(1)(A); or
                                    ``(II) classification pursuant to 
                                clause (ii) or (iii) of section 
                                204(a)(1)(B); or
                            ``(ii) the person petitioning for the 
                        alien's admission (including any additional 
                        sponsor required under section 213A(f)) has 
                        executed an affidavit of support described in 
                        section 213A with respect to such alien.
                    ``(D) Certain employment-based immigrants.--Any 
                alien who seeks admission or adjustment of status under 
                a visa number issued under section 203(b) by virtue of 
                a classification petition filed by a relative of the 
                alien (or by an entity in which such relative has a 
                significant ownership interest) is inadmissible under 
                this paragraph unless such relative has executed an 
                affidavit of support described in section 213A with 
                respect to such alien.
            ``(5) Labor certification and qualifications for certain 
        immigrants.--
                    ``(A) Labor certification.--
                            ``(i) In general.--Any alien who seeks to 
                        enter the United States for the purpose of 
                        performing skilled or unskilled labor is 
                        inadmissible, unless the Secretary of Labor has 
                        determined and certified to the Secretary of 
                        State and the Attorney General that--
                                    ``(I) there are not sufficient 
                                workers who are able, willing, 
                                qualified (or equally qualified in the 
                                case of an alien described in clause 
                                (ii)) and available at the time of 
                                application for a visa and admission to 
                                the United States and at the place 
                                where the alien is to perform such 
                                skilled or unskilled labor; and
                                    ``(II) the employment of such alien 
                                will not adversely affect the wages and 
                                working conditions of workers in the 
                                United States similarly employed.
                            ``(ii) Certain aliens subject to special 
                        rule.--For purposes of clause (i)(I), an alien 
                        described in this clause is an alien who--
                                    ``(I) is a member of the teaching 
                                profession; or
                                    ``(II) has exceptional ability in 
                                the sciences or the arts.
                            ``(iii) Professional athletes.--
                                    ``(I) In general.--A certification 
                                made under clause (i) with respect to a 
                                professional athlete shall remain valid 
                                with respect to the athlete after the 
                                athlete changes employer, if the new 
                                employer is a team in the same sport as 
                                the team which employed the athlete 
                                when the athlete first applied for the 
                                certification.
                                    ``(II) Definition.--For purposes of 
                                subclause (I), the term `professional 
                                athlete' means an individual who is 
                                employed as an athlete by--
                                            ``(aa) a team that is a 
                                        member of an association of 6 
                                        or more professional sports 
                                        teams whose total combined 
                                        revenues exceed $10,000,000 per 
                                        year, if the association 
                                        governs the conduct of its 
                                        members and regulates the 
                                        contests and exhibitions in 
                                        which its member teams 
                                        regularly engage; or
                                            ``(bb) any minor league 
                                        team that is affiliated with 
                                        such an association.
                            ``(iv) Long delayed adjustment 
                        applicants.--A certification made under clause 
                        (i) with respect to an individual whose 
                        petition is covered by section 204(j) shall 
                        remain valid with respect to a new job accepted 
                        by the individual after the individual changes 
                        jobs or employers if the new job is in the same 
                        or a similar occupational classification as the 
                        job for which the certification was issued.
                            ``(v) Computation of prevailing wage.--
                                    ``(I) Employees of certain research 
                                organizations.--In computing the 
                                prevailing wage level for an 
                                occupational classification in an area 
                                of employment for purposes of section 
                                214(u)(1)(A)(i)(II) and this 
                                subparagraph in the case of an employee 
                                of--
                                            ``(aa) an institution of 
                                        higher education (as defined in 
                                        section 101(a) of the Higher 
                                        Education Act of 1965), or a 
                                        related or affiliated nonprofit 
                                        entity; or
                                            ``(bb) a nonprofit research 
                                        organization or a Governmental 
                                        research organization,
                                the prevailing wage level shall only 
                                take into account employees at such 
                                institutions and organizations in the 
                                area of employment.
                                    ``(II) Professional athletes.--With 
                                respect to a professional athlete (as 
                                defined in clause (iii)(II)) when the 
                                job opportunity is covered by 
                                professional sports league rules or 
                                regulations, the wage set forth in 
                                those rules or regulations shall be 
                                considered as not adversely affecting 
                                the wages of United States workers 
                                similarly employed and be considered 
                                the prevailing wage.
                    ``(B) Unqualified physicians.--An alien who is a 
                graduate of a medical school not accredited by a body 
                or bodies approved for the purpose by the Secretary of 
                Education (regardless of whether such school of 
                medicine is in the United States) and who is coming to 
                the United States principally to perform services as a 
                member of the medical profession is inadmissible, 
                unless the alien (i) has passed parts I and II of the 
                National Board of Medical Examiners Examination (or an 
                equivalent examination as determined by the Secretary 
                of Health and Human Services) and (ii) is competent in 
                oral and written English. For purposes of the previous 
                sentence, an alien who is a graduate of a medical 
                school shall be considered to have passed parts I and 
                II of the National Board of Medical Examiners if the 
                alien was fully and permanently licensed to practice 
                medicine in a State on January 9, 1978, and was 
                practicing medicine in a State on that date.
                    ``(C) Uncertified foreign health-care workers.--
                Subject to subsection (j), any alien who seeks to enter 
                the United States for the purpose of performing labor 
                as a health-care worker, other than a physician, is 
                inadmissible unless the alien presents to the consular 
                officer, or, in the case of an adjustment of status, 
                the Attorney General, a certificate from the Commission 
                on Graduates of Foreign Nursing Schools, or a 
                certificate from an equivalent independent 
                credentialing organization approved by the Attorney 
                General in consultation with the Secretary of Health 
                and Human Services, verifying that--
                            ``(i) the alien's education, training, 
                        license, and experience--
                                    ``(I) meet all applicable statutory 
                                and regulatory requirements for entry 
                                into the United States under the 
                                classification specified in the 
                                application;
                                    ``(II) are comparable with that 
                                required for an American health-care 
                                worker of the same type; and
                                    ``(III) are authentic and, in the 
                                case of a license, unencumbered;
                            ``(ii) the alien has the level of 
                        competence in oral and written English 
                        considered by the Secretary of Health and Human 
                        Services, in consultation with the Secretary of 
                        Education, to be appropriate for health care 
                        work of the kind in which the alien will be 
                        engaged, as shown by an appropriate score on 
                        one or more nationally recognized, commercially 
                        available, standardized assessments of the 
                        applicant's ability to speak and write; and
                            ``(iii) if a majority of States licensing 
                        the profession in which the alien intends to 
                        work recognize a test predicting the success on 
                        the profession's licensing or certification 
                        examination, the alien has passed such a test 
                        or has passed such an examination.
                For purposes of clause (ii), determination of the 
                standardized tests required and of the minimum scores 
                that are appropriate are within the sole discretion of 
                the Secretary of Health and Human Services and are not 
                subject to further administrative or judicial review.
                    ``(D) Application of grounds.--The grounds for 
                inadmissibility of aliens under subparagraphs (A) and 
                (B) shall apply to immigrants seeking admission or 
                adjustment of status under paragraph (2) or (3) of 
                section 203(b).
            ``(6) Illegal entrants and immigration violators.--
                    ``(A) Aliens present without admission or parole.--
                            ``(i) In general.--An alien present in the 
                        United States without being admitted or 
                        paroled, or who arrives in the United States at 
                        any time or place other than as designated by 
                        the Attorney General, is inadmissible.
                            ``(ii) Exception for certain battered women 
                        and children.--Clause (i) shall not apply to an 
                        alien who demonstrates that--
                                    ``(I) the alien qualifies for 
                                immigrant status under subparagraph 
                                (A)(iii), (A)(iv), (B)(ii), or (B)(iii) 
                                of section 204(a)(1);
                                    ``(II)(aa) the alien has been 
                                battered or subjected to extreme 
                                cruelty by a spouse or parent, or by a 
                                member of the spouse's or parent's 
                                family residing in the same household 
                                as the alien and the spouse or parent 
                                consented or acquiesced in such battery 
                                or cruelty, or (bb) the alien's child 
                                has been battered or subjected to 
                                extreme cruelty by a spouse or parent 
                                of the alien (without the active 
                                participation of the alien in the 
                                battery or cruelty) or by a member of 
                                the spouse's or parent's family 
                                residing in the same household as the 
                                alien when the spouse or parent 
                                consented to or acquiesced in such 
                                battery or cruelty and the alien did 
                                not actively participate in such 
                                battery or cruelty; and
                                    ``(III) there was a substantial 
                                connection between the battery or 
                                cruelty described in subclause (I) or 
                                (II) and the alien's unlawful entry 
                                into the United States.
                    ``(B) Failure to attend removal proceeding.--Any 
                alien who without reasonable cause fails or refuses to 
                attend or remain in attendance at a proceeding to 
                determine the alien's inadmissibility or deportability 
                and who seeks admission to the United States within 5 
                years of such alien's subsequent departure or removal 
                is inadmissible.
                    ``(C) Misrepresentation.--
                            ``(i) In general.--Any alien who, by fraud 
                        or willfully misrepresenting a material fact, 
                        seeks to procure (or has sought to procure or 
                        has procured) a visa, other documentation, or 
                        admission into the United States or other 
                        benefit provided under this Act for himself, 
                        herself, or any other alien, is inadmissible.
                            ``(ii) Falsely claiming citizenship.--
                                    ``(I) In general.--Any alien who 
                                falsely represents, or has falsely 
                                represented, himself or herself to be a 
                                citizen of the United States for any 
                                purpose or benefit under this Act 
                                (including section 274A) or any other 
                                Federal or State law is inadmissible.
                                    ``(II) Exception.--In the case of 
                                an alien making a representation 
                                described in subclause (I), if each 
                                natural parent of the alien (or, in the 
                                case of an adopted alien, each adoptive 
                                parent of the alien) is or was a 
                                citizen (whether by birth or 
                                naturalization), the alien permanently 
                                resided in the United States prior to 
                                attaining the age of 16, and the alien 
                                reasonably believed at the time of 
                                making such representation that he or 
                                she was a citizen, the alien shall not 
                                be considered to be inadmissible under 
                                any provision of this subsection based 
                                on such representation.
                    ``(D) Stowaways.--Any alien who is a stowaway is 
                inadmissible.
                    ``(E) Smugglers.--
                            ``(i) In general.--Any alien who at any 
                        time knowingly has encouraged, induced, 
                        assisted, abetted, or aided any other alien to 
                        enter or to try to enter the United States in 
                        violation of law is inadmissible.
                            ``(ii) Special rule in the case of family 
                        reunification.--Clause (i) shall not apply in 
                        the case of an alien who is an eligible 
                        immigrant (as defined in section 301(b)(1) of 
                        the Immigration Act of 1990), was physically 
                        present in the United States on May 5, 1988, 
                        and is seeking admission as an immediate 
                        relative or under section 203(a)(2) (including 
                        under section 112 of the Immigration Act of 
                        1990) or benefits under section 301(a) of the 
                        Immigration Act of 1990 if the alien, before 
                        May 5, 1988, has encouraged, induced, assisted, 
                        abetted, or aided only the alien's spouse, 
                        parent, son, or daughter (and no other 
                        individual) to enter the United States in 
                        violation of law.
                            ``(iii) Waiver authorized.--For provision 
                        authorizing waiver of clause (i), see 
                        subsection (c)(6).
                    ``(F) Subject of civil penalty.--An alien who is 
                the subject of a final order for violation of section 
                274C is inadmissible.
                    ``(G) Student visa abusers.--An alien who obtains 
                the status of a nonimmigrant under section 
                101(a)(15)(F)(i) and who violates a term or condition 
                of such status under section 214(l) is inadmissible 
                until the alien has been outside the United States for 
                a continuous period of 5 years after the date of the 
                violation.
                    ``(H) Change of address.--An alien who has failed 
                to comply with section 262 is inadmissible, unless the 
                alien establishes to the satisfaction of the Attorney 
                General that such failure was reasonably excusable or 
                was not willful.
            ``(7) Documentation requirements.--
                    ``(A) Immigrants.--
                            ``(i) In general.--Except as otherwise 
                        specifically provided in this Act, any 
                        immigrant at the time of application for 
                        admission--
                                    ``(I) who is not in possession of a 
                                valid unexpired immigrant visa, reentry 
                                permit, border crossing identification 
                                card, or other valid entry document 
                                required by this Act, and a valid 
                                unexpired passport, or other suitable 
                                travel document, or document of 
                                identity and nationality if such 
                                document is required under the 
                                regulations issued by the Attorney 
                                General under section 211(a); or
                                    ``(II) whose visa has been issued 
                                without compliance with the provisions 
                                of section 203,
                        is inadmissible.
                            ``(ii) Waiver authorized.--For provision 
                        authorizing waiver of clause (i), see 
                        subsection (g).
                    ``(B) Nonimmigrants.--
                            ``(i) In general.--Any nonimmigrant who--
                                    ``(I) is not in possession of a 
                                passport valid for a minimum of six 
                                months from the date of the expiration 
                                of the initial period of the alien's 
                                admission or contemplated initial 
                                period of stay authorizing the alien to 
                                return to the country from which the  
alien came or to proceed to and enter some other country during such 
period; or
                                    ``(II) is not in possession of a 
                                valid nonimmigrant visa or border 
                                crossing identification card at the 
                                time of application for admission,
                        is inadmissible.
                            ``(ii) General waiver authorized.--For 
                        provision authorizing waiver of clause (i), see 
                        subsection (c)(2).
            ``(8) Ineligible for citizenship.--
                    ``(A) In general.--Any immigrant who is permanently 
                ineligible to citizenship is inadmissible.
                    ``(B) Draft evaders.--Any person who has departed 
                from or who has remained outside the United States to 
                avoid or evade training or service in the armed forces 
                in time of war or a period declared by the President to 
                be a national emergency is inadmissible, except that 
                this subparagraph shall not apply to an alien who at 
                the time of such departure was a nonimmigrant and who 
                is seeking to reenter the United States as a 
                nonimmigrant.
            ``(9) Aliens previously removed.--
                    ``(A) Certain aliens previously removed.--
                            ``(i) Arriving aliens.--Any alien who has 
                        been ordered removed under section 235(b)(1) or 
                        at the end of proceedings under section 240 
                        initiated upon the alien's arrival in the 
                        United States and who again seeks admission 
                        within 5 years of the date of such removal (or 
                        within 20 years in the case of a second or 
                        subsequent removal or at any time in the case 
                        of an alien convicted of an aggravated felony) 
                        is inadmissible.
                            ``(ii) Other aliens.--Any alien not 
                        described in clause (i) who--
                                    ``(I) has been ordered removed 
                                under section 240 or any other 
                                provision of law; or
                                    ``(II) departed the United States 
                                while an order of removal was 
                                outstanding,
                        and who seeks admission within 10 years of the 
                        date of such alien's departure or removal (or 
                        within 20 years of such date in the case of a 
                        second or subsequent removal or at any time in 
                        the case of an alien convicted of an aggravated 
                        felony) is inadmissible.
                    ``(B) Aliens unlawfully present.--
                            ``(i) In general.--Any alien (other than an 
                        alien lawfully admitted for permanent 
                        residence) who--
                                    ``(I) was unlawfully present in the 
                                United States for a period of more than 
                                180 days but less than 1 year, 
                                voluntarily departed the United States 
                                (whether or not pursuant to section 
                                244(e)) prior to the commencement of 
                                proceedings under section 235(b)(1) or 
                                section 240, and again seeks admission 
                                within 3 years of the date of such 
                                alien's departure or removal; or
                                    ``(II) has been unlawfully present 
                                in the United States for one year or 
                                more, and who again seeks admission 
                                within 10 years of the date of such 
                                alien's departure or removal from the 
                                United States,
                        is inadmissible.
                            ``(ii) Construction of unlawful presence.--
                        For purposes of this paragraph, an alien is 
                        deemed to be unlawfully present in the United 
                        States if the alien is present in the United 
                        States after the expiration of the period of 
                        stay authorized by the Attorney General or is 
                        present in the United States without being 
                        admitted or paroled.
                            ``(iii) Exceptions.--
                                    ``(I) Minors.--No period of time in 
                                which an alien is under 18 years of age 
                                shall be taken into account in 
                                determining the period of unlawful 
                                presence in the United States under 
                                clause (i).
                                    ``(II) Asylees.--No period of time 
                                in which an alien has a bona fide 
                                application for asylum pending under 
                                section 208 shall be taken into account 
                                in determining the period of unlawful 
                                presence in the United States under 
                                clause (i) unless the alien during such 
                                period was employed without 
                                authorization in the United States.
                                    ``(III) Family unity.--No period of 
                                time in which the alien is a 
                                beneficiary of family unity protection 
                                pursuant to section 301 of the 
                                Immigration Act of 1990 shall be taken 
                                into account in determining the period 
                                of unlawful presence in the United 
                                States under clause (i).
                                    ``(IV) Battered women and 
                                children.--Clause (i) shall not apply 
                                to an alien who would be described in 
                                paragraph (6)(A)(ii) if `violation of 
                                the terms of the alien's nonimmigrant 
                                visa' were substituted for `unlawful 
                                entry into the United States' in 
                                subclause (III) of that paragraph.
                            ``(iv) Tolling for good cause.--In the case 
                        of an alien who--
                                    ``(I) has been lawfully admitted or 
                                paroled into the United States;
                                    ``(II) has filed a nonfrivolous 
                                application for a change or extension 
                                of status before the date of expiration 
                                of the period of stay authorized by the 
                                Attorney General; and
                                    ``(III) has not been employed 
                                without authorization in the United 
                                States before or during the pendency of 
                                such application,
                        the calculation of the period of time specified 
                        in clause (i)(I) shall be tolled during the 
                        pendency of such application, but not to exceed 
                        120 days.
                    ``(C) Aliens unlawfully present after previous 
                immigration violations.--
                            ``(i) In general.--Any alien who--
                                    ``(I) has been unlawfully present 
                                in the United States for an aggregate 
                                period of more than 1 year; or
                                    ``(II) has been ordered removed 
                                under section 235(b)(1), section 240, 
                                or any other provision of law,
                        and who enters or attempts to reenter the 
                        United States without being admitted is 
                        inadmissible.
                            ``(ii) Exception.--Clause (i) shall not 
                        apply to an alien seeking admission more than 
                        10 years after the date of the alien's last 
                        departure from the United States if, prior to 
                        the alien's reembarkation at a place outside 
                        the United States or attempt to be readmitted 
                        from a foreign contiguous territory, the 
                        Attorney General has consented to the alien's 
                        reapplying for admission. The Attorney General 
                        in the Attorney General's discretion may waive 
                        the provisions of section 212(a)(9)(C)(i) in 
                        the case of an alien to whom the Attorney 
                        General has granted classification under clause 
                        (iii), (iv), or (v) of section 204(a)(1)(A), or 
                        classification under clause (ii), (iii), or 
                        (iv) of section 204(a)(1)(B), in any case in 
                        which there is a direct connection between--
                                    ``(I) the alien's having been 
                                battered or subjected to extreme 
                                cruelty; and
                                    ``(II) the alien's--
                                            ``(aa) removal;
                                            ``(bb) departure from the 
                                        United States;
                                            ``(cc) reentry or reentries 
                                        into the United States; or
                                            ``(dd) attempted reentry 
                                        into the United States.
            ``(10) Miscellaneous.--
                    ``(A) Practicing polygamists.--Any immigrant who is 
                coming to the United States to practice polygamy is 
                inadmissible.
                    ``(B) Guardian required to accompany helpless 
                alien.--Any alien--
                            ``(i) who is accompanying another alien who 
                        is inadmissible and who is certified to be 
                        helpless from sickness, mental or physical 
                        disability, or infancy pursuant to section 
                        232(c); and
                            ``(ii) whose protection or guardianship is 
                        determined to be required by the alien 
                        described in clause (i),
                is inadmissible.
                    ``(C) International child abduction.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), any alien who, after entry of an 
                        order by a court in the United States granting 
                        custody to a person of a United States citizen 
                        child who detains or retains the child, or 
                        withholds custody of the child, outside the 
                        United States from the person granted custody 
                        by that order, is inadmissible until the child 
                        is surrendered to the person granted custody by 
                        that order.
                            ``(ii) Aliens supporting abductors and 
                        relatives of abductors.--Any alien who--
                                    ``(I) is known by the Secretary of 
                                State to have intentionally assisted an 
                                alien in the conduct described in 
                                clause (i);
                                    ``(II) is known by the Secretary of 
                                State to be intentionally providing 
                                material support or safe haven to an 
                                alien described in clause (i); or
                                    ``(III) is a spouse (other than the 
                                spouse who is the parent of the 
                                abducted child), child (other than the 
                                abducted child), parent, sibling, or 
                                agent of an alien described in clause 
                                (i), if such person has been designated 
                                by the Secretary of State at the 
                                Secretary's sole and unreviewable 
                                discretion, is inadmissible until the 
                                child described in clause (i) is 
                                surrendered to the person granted 
                                custody by the order described in that 
                                clause, and such person and child are 
                                permitted to return to the United 
                                States or such person's place of 
                                residence.
                            ``(iii) Exceptions.--Clauses (i) and (ii) 
                        shall not apply--
                                    ``(I) to a government official of 
                                the United States who is acting within 
                                the scope of his or her official 
                                duties;
                                    ``(II) to a government official of 
                                any foreign government if the official 
                                has been designated by the Secretary of 
                                State at the Secretary's sole and 
                                unreviewable discretion; or
                                    ``(III) so long as the child is 
                                located in a foreign state that is a 
                                party to the Convention on the Civil 
                                Aspects of International Child 
                                Abduction, done at The Hague on October 
                                25, 1980.
                    ``(D) Unlawful voters.--
                            ``(i) In general.--Any alien who has voted 
                        in violation of any Federal, State, or local 
                        constitutional provision, statute, ordinance, 
                        or regulation is inadmissible.
                            ``(ii) Exception.--In the case of an alien 
                        who voted in a Federal, State, or local 
                        election (including an initiative, recall, or 
                        referendum) in violation of a lawful 
                        restriction of voting to citizens, if each 
                        natural parent of the alien (or, in the case of 
                        an adopted alien, each adoptive parent of the 
                        alien) is or was a citizen (whether by birth or 
                        naturalization), the alien permanently resided 
                        in the United States prior to attaining the age 
                        of 16, and the alien reasonably believed at the 
                        time of such violation that he or she was a 
                        citizen, the alien shall not be considered to 
                        be inadmissible under any provision of this 
                        subsection based on such violation.
                    ``(E) Former citizens who renounced citizenship.--
                Any alien who is a former citizen of the United States 
                who officially renounced United States citizenship is 
                inadmissible.
    ``(b) Notices of Denials.--
            ``(1) In general.-- Subject to paragraphs (2) and (3), if 
        an alien's application for a visa, for admission to the United 
        States, or for adjustment of  status is denied by an 
immigration or consular officer because the officer determines the 
alien to be inadmissible under subsection (a), the officer shall 
provide the alien with a timely written notice that--
                    ``(A) states the determination; and
                    ``(B) lists the specific provision or provisions of 
                law under which the alien is excludable or ineligible 
                for entry or adjustment of status.
            ``(2) Waiver.--The Secretary of State may waive the 
        requirements of paragraph (1) with respect to a particular 
        alien or any class or classes of inadmissible aliens.
            ``(3) Inapplicability.--Paragraph (1) does not apply to any 
        alien inadmissible under paragraph (2) or (3) of subsection 
        (a).
    ``(c) Special Rules.--
            ``(1) `S' nonimmigrants.--The Attorney General shall 
        determine whether a ground for inadmissibility exists with 
        respect to a nonimmigrant described in section 101(a)(15)(S). 
        The Attorney General, in the Attorney General's discretion, may 
        waive the application of subsection (a) (other than paragraph 
        (3)(E)) in the case of a nonimmigrant described in section 
        101(a)(15)(S), if the Attorney General considers it to be in 
        the national interest to do so. Nothing in this section shall 
        be regarded as prohibiting the Immigration and Naturalization 
        Service from instituting removal proceedings against an alien 
        admitted as a nonimmigrant under section 101(a)(15)(S) for 
        conduct committed after the alien's admission into the United 
        States, or for conduct or a condition that was not disclosed to 
        the Attorney General prior to the alien's admission as a 
        nonimmigrant under section 101(a)(15)(S).
            ``(2) Documentary requirements for nonimmigrants.--Either 
        or both of the requirements of subsection (a)(7)(B)(i) may be 
        waived by the Attorney General and the Secretary of State 
        acting 
        jointly--
                    ``(A) on the basis of unforeseen emergency in 
                individual cases; or
                    ``(B) in the case of aliens proceeding in immediate 
                and continuous transit through the United States under 
                contracts authorized in section 238(c).
            ``(3) Parole.--
                    ``(A) In general.--The Attorney General may, except 
                as provided in subparagraph (B) or in section 214(f), 
                in the discretion of the Attorney General, parole into 
                the United States a Cuban national or, in the case of 
                nationals of other countries, temporarily under such 
                conditions as the Attorney General may prescribe only 
                on a case-by-case basis for urgent humanitarian reasons 
                or significant law enforcement reasons any alien 
                applying for admission to the United States, but such 
                parole shall not be regarded as an admission of the 
                alien and when the purposes of such parole shall, in 
                the opinion of the Attorney General, have been served 
                the alien shall forthwith return or be returned to the 
                custody from which the alien was paroled and thereafter 
                the case shall continue to be dealt with in the same 
                manner as that of any other applicant for admission to 
                the United States. Parole on a temporary basis cannot 
                exceed 120 days, unless for a significant law 
                enforcement reason. The Attorney General may not parole 
                into the United States an alien for urgent humanitarian 
                reasons if the alien is inadmissible under paragraph 
                (2), (3), or (9) of subsection (a).
                    ``(B) Refugees.--The Attorney General may not 
                parole into the United States an alien who is a refugee 
                unless the Attorney General determines that compelling 
                reasons in the public interest with respect to that 
                particular alien require that the alien be paroled into 
                the United States rather than be admitted as a refugee 
                under section 207.
            ``(4) Aliens entering from guam, puerto rico, or the virgin 
        islands.--The provisions of subsection (a) (other than 
        paragraph (7)) shall be applicable to any alien who shall leave 
        Guam, Puerto Rico, or the Virgin Islands of the United States, 
        and who seeks to enter the continental United States or any 
        other place under the jurisdiction of the United States. Any 
        alien described in this paragraph, who is denied admission to 
        the United States, shall be immediately removed in the manner 
        provided by section 241(c) of this Act.
            ``(5) Foreign government officials.--Upon a basis of 
        reciprocity accredited officials of foreign governments, their 
        immediate families, attendants, servants, and personal 
        employees may be admitted in immediate and continuous transit 
        through the United States without regard to the provisions of 
        this section except paragraphs (3)(A), (3)(B), (3)(C), and 
        (7)(B) of subsection (a) of this section.
            ``(6) Smugglers.--The Attorney General may, in the 
        discretion of the Attorney General for urgent humanitarian 
        reasons, waive application of subsection (a)(6)(E)(i) in the 
        case of any alien lawfully admitted for permanent residence who 
        temporarily proceeded abroad voluntarily and not under an order 
        of removal, and who is otherwise admissible to the United 
        States as a returning resident under section 211(b) if the 
        alien has encouraged, induced, assisted, abetted, or aided only 
        an individual who at the time of such action was the alien's 
        spouse, parent, son, or daughter (and no other individual) to 
        enter the United States in violation of law.
            ``(7) `T' nonimmigrants.--
                    ``(A) Determination.--The Attorney General shall 
                determine whether a ground for inadmissibility exists 
                with respect to a nonimmigrant described in section 
                101(a)(15)(T).
                    ``(B) Waiver.--In addition to any other waiver that 
                may be available under this section, in the case of a 
                nonimmigrant described in section 101(a)(15)(T), if the 
                Attorney General considers it to be in the national 
                interest to do so, the Attorney General, in the 
                Attorney General's discretion, may waive the 
                application of--
                            ``(i) paragraphs (1) and (4) of subsection 
                        (a); and
                            ``(ii) any other provision of such 
                        subsection (excluding paragraphs (2), (3), (8), 
                        (9)(A), (10)(C), (10)(D), and (10)(E)) if the 
                        activities rendering the alien inadmissible 
                        under the provision were caused by the 
                        victimization described in section 
                        101(a)(15)(T)(i)(I).
            ``(8) `U' nonimmigrants.--
                    ``(A) Determination.--The Attorney General shall 
                determine whether a ground for inadmissibility exists 
                with respect to a nonimmigrant described in section 
                101(a)(15)(U).
                    ``(B) Waiver.--In addition to any other waiver that 
                may be available under this section, in the case of a 
                nonimmigrant described in section 101(a)(15)(U), if the 
                Attorney General considers it to be in the national 
                interest to do so, the Attorney General, in the 
                Attorney General's discretion, may waive the 
                application of--
                            ``(i) paragraphs (1) and (4) of subsection 
                        (a); and
                            ``(ii) any other provision of such 
                        subsection (excluding paragraphs (2), (3), 
(8),  (9)(A), (10)(C), (10)(D), and (10)(E)) if the activities 
rendering the alien inadmissible under the provision were caused by the 
criminal activity described in section 101(a)(15)(U)(iii).
    ``(d) Suspension of Entry.--Whenever the President finds that the 
entry of any aliens or of any class of aliens into the United States 
would be detrimental to the interests of the United States, the 
President may by proclamation, and for such period as the President 
shall deem necessary, suspend the entry of all aliens or any class of 
aliens as immigrants or nonimmigrants, or impose on the entry of aliens 
any restrictions the President may deem to be appropriate. Whenever the 
Attorney General finds that a commercial airline has failed to comply 
with regulations of the Attorney General relating to requirements of 
airlines for the detection of fraudulent documents used by passengers 
traveling to the United States (including the training of personnel in 
such detection), the Attorney General may suspend the entry of some or 
all aliens transported to the United States by such airline.
    ``(e) Waivers of Health-Related Grounds.--The Attorney General may 
waive the application of--
            ``(1) subsection (a)(1)(A)(i) in the case of any alien 
        who--
                    ``(A) is the spouse or the unmarried son or 
                daughter, or the minor unmarried lawfully adopted 
                child, of a United States citizen, or of an alien 
                lawfully admitted for permanent residence, or of an 
                alien who has been issued an immigrant visa;
                    ``(B) has a son or daughter who is a United States 
                citizen, or an alien lawfully admitted for permanent 
                residence, or an alien who has been issued an immigrant 
                visa; or
                    ``(C) qualifies for classification under clause 
                (iii) or (iv) of section 204(a)(1)(A) or classification 
                under clause (ii) or (iii) of section 204(a)(1)(B);
        in accordance with such terms, conditions, and controls, if 
        any, including the giving of bond, as the Attorney General, in 
        the discretion of the Attorney General after consultation with 
        the Secretary of Health and Human Services, may by regulation 
        prescribe;
            ``(2) subsection (a)(1)(A)(ii) in the case of any alien--
                    ``(A) who receives vaccination against the vaccine-
                preventable disease or diseases for which the alien has 
                failed to present documentation of previous 
                vaccination;
                    ``(B) for whom a civil surgeon, medical officer, or 
                panel physician (as those terms are defined by section 
                34.2 of title 42, Code of Federal Regulations) 
                certifies, according to such regulations as the 
                Secretary of Health and Human Services may prescribe, 
                that such vaccination would not be medically 
                appropriate; or
                    ``(C) under such circumstances as the Attorney 
                General provides by regulation, with respect to whom 
                the requirement of such a vaccination would be contrary 
                to the alien's religious beliefs or moral convictions; 
                or
            ``(3) subsection (a)(1)(A)(iii) in the case of any alien, 
        in accordance with such terms, conditions, and controls, if 
        any, including the giving of bond, as the Attorney General, in 
        the discretion of the Attorney General after consultation with 
        the Secretary of Health and Human Services, may by regulation 
        prescribe.
    ``(f) Waivers of Criminal and Related Grounds.--The Attorney 
General may, in the discretion of the Attorney General, waive the 
application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection 
(a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it 
relates to a single offense of simple possession of 30 grams or less of 
marijuana if--
            ``(1)(A) in the case of any immigrant, it is established to 
        the satisfaction of the Attorney General that--
                    ``(i) the alien is inadmissible only under 
                subparagraph (D)(i) or (D)(ii) of such subsection or 
                the activities for which the alien is inadmissible 
                occurred more than 15 years before the date of the 
                alien's application for a visa, admission, or 
                adjustment of status;
                    ``(ii) the admission to the United States of such 
                alien would not be contrary to the national welfare, 
                safety, or security of the United States; and
                    ``(iii) the alien has been rehabilitated; or
            ``(B) in the case of an immigrant who is the spouse, 
        parent, son, or daughter of a citizen of the United States or 
        an alien lawfully admitted for permanent residence, if it is 
        established to the satisfaction of the Attorney General that 
        the alien's denial of admission would result in exceptional and 
        extremely unusual hardship to the United States citizen or 
        lawfully resident spouse, parent, son, or daughter of such 
        alien; and
            ``(2) the Attorney General, in the discretion of the 
        Attorney General, and pursuant to such terms, conditions, and 
        procedures as the Attorney General may by regulations 
        prescribe, has consented to the alien's applying or reapplying 
        for a visa, for admission to the United States, or adjustment 
        of status.
No waiver shall be provided under this subsection in the case of an 
alien who has been convicted of (or who has admitted committing acts 
that constitute) murder or criminal acts involving torture, or an 
attempt or conspiracy to commit murder or a criminal act involving 
torture. No waiver shall be granted under this subsection in the case 
of an alien who has previously been admitted to the United States as an 
alien lawfully admitted for permanent residence if either since the 
date of such admission the alien has been convicted of an aggravated 
felony or the alien has not lawfully resided continuously in the United 
States for a period of not less than 7 years immediately preceding the 
date of initiation of proceedings to remove the alien from the United 
States. No waiver shall be granted under this subsection in the case of 
any alien who is present in the United States after the expiration of 
the period of stay authorized by the Attorney General  or is present in 
the United States without being admitted or paroled if either the alien 
has been convicted of an aggravated felony committed in the United 
States or the alien has not resided continuously in the United States 
for a period of not less than 7 years immediately preceding the date of 
initiation of proceedings to remove the alien from the United States. 
No court shall have jurisdiction to review a decision of the Attorney 
General to grant or deny a waiver under this subsection.
    ``(g) Aliens Having Immigrant Visas.--Any alien, inadmissible to 
the United States under paragraph (5)(A) or (7)(A)(i) of subsection 
(a), who is in possession of an immigrant visa may, if otherwise 
admissible, be admitted in the discretion of the Attorney General if 
the Attorney General is satisfied that inadmissibility was not known 
to, and could not have been ascertained by the exercise of reasonable 
diligence by, the immigrant before the time of departure of the vessel 
or aircraft from the last port outside the United States and outside 
foreign contiguous territory or, in the case of an immigrant coming 
from foreign contiguous territory, before the time of the immigrant's 
application for admission.
    ``(h) Waiver of Documentation Requirements for Nonimmigrants.--
            ``(1) In general.--The requirement of subsection 
        (a)(7)(B)(i) may be waived by the Attorney General, the 
        Secretary of State, and the Secretary of the Interior, acting 
        jointly, in the case of an alien applying for admission as a 
        nonimmigrant visitor for business or pleasure and solely for 
        entry into and stay on Guam for a period not to exceed fifteen 
        days, if the Attorney General, the Secretary of State and the 
        Secretary of the Interior, after consultation with the Governor 
        of Guam, jointly determine that--
                    ``(A) an adequate arrival and departure control 
                system has been developed on Guam; and
                    ``(B) such a waiver does not represent a threat to 
                the welfare, safety, or security of the United States 
                or its territories and commonwealths.
            ``(2) Limitation.--An alien may not be provided a waiver 
        under this subsection unless the alien has waived any right--
                    ``(A) to review or appeal under this Act of an 
                immigration officer's determination as to the 
                admissibility of the alien at the port of entry into 
                Guam; or
                    ``(B) to contest, other than on the basis of an 
                application for asylum, any action for removal of the 
                alien.
    ``(i) Conditions on Receipt of Immigrant Visas Following 
Departure.--An alien who has been physically present in the United 
States shall not be eligible to receive an immigrant visa within ninety 
days following departure therefrom unless--
            ``(1) the alien was maintaining a lawful nonimmigrant 
        status at the time of such departure; or
            ``(2) the alien is the spouse or unmarried child of an 
        individual who obtained temporary or permanent resident status 
        under section 210 or 245A of the Immigration and Nationality 
        Act or section 202 of the Immigration Reform and Control Act of 
        1986 at any date, who--
                    ``(A) as of May 5, 1988, was the unmarried child or 
                spouse of the individual who obtained temporary or 
                permanent resident status under section 210 or 245A of 
                the Immigration and Nationality Act or section 202 of 
                the Immigration Reform and Control Act of 1986;
                    ``(B) entered the United States before May 5, 1988, 
                resided in the United States on May 5, 1988, and is not 
                a lawful permanent resident; and
                    ``(C) applied for benefits under section 301(a) of 
                the Immigration Act of 1990.
    ``(j) Uncertified Foreign Health-Care Workers.--Subsection 
(a)(5)(C) shall not apply to an alien who seeks to enter the United 
States for the purpose of performing labor as a nurse who presents to 
the consular officer (or in the case of an adjustment of status, the 
Attorney General) a certified statement from the Commission on 
Graduates of Foreign Nursing Schools (or an equivalent independent 
credentialing organization approved for the certification of nurses 
under subsection (a)(5)(C) by the Attorney General in consultation with 
the Secretary of Health and Human Services) that--
            ``(1) the alien has a valid and unrestricted license as a 
        nurse in a State where the alien intends to be employed and 
        such State verifies that the foreign licenses of alien nurses 
        are authentic and unencumbered;
            ``(2) the alien has passed the National Council Licensure 
        Examination (NCLEX);
            ``(3) the alien is a graduate of a nursing program--
                    ``(A) in which the language of instruction was 
                English;
                    ``(B) located in a country--
                            ``(i) designated by such commission not 
                        later than 30 days after the date of the 
                        enactment of the Nursing Relief for 
                        Disadvantaged Areas Act of 1999, based on such 
                        commission's assessment that the quality of 
                        nursing education in that country, and the 
                        English language proficiency of those who 
                        complete such programs in that country, justify 
                        the country's designation; or
                            ``(ii) designated on the basis of such an 
                        assessment by unanimous agreement of such 
                        commission and any equivalent credentialing 
                        organizations which have been approved under 
                        subsection (a)(5)(C) for the certification of 
                        nurses under this subsection; and
                    ``(C)(i) which was in operation on or before the 
                date of the enactment of the Nursing Relief for 
                Disadvantaged Areas Act of 1999; or
                    ``(ii) has been approved by unanimous agreement of 
                such commission and any equivalent credentialing 
                organizations which have been approved under subsection 
                (a)(5)(C) for the certification of nurses under this 
                subsection.
    ``(k) Public Charge Ground for Family-Sponsored Immigrants.--In 
determining whether an alien described in subsection (a)(4)(C)(i) is 
inadmissible under subsection (a)(4) or ineligible to receive an 
immigrant visa or otherwise to adjust to the status of permanent 
resident by reason of subsection (a)(4), the consular officer or the 
Attorney General shall not consider any benefits the alien may have 
received that were authorized under section 501 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1641(c)).''.
    (b) Technical and Conforming Amendments.--
            (1) The following provisions of the Immigration and 
        Nationality Act are amended by striking ``212(e)'' and 
        inserting ``222(h)'':
                    (A) Paragraphs (1), (2)(A), and (3) of section 
                214(l).
                    (B) Paragraphs (2) and (3)(B) of section 240A(c).
                    (C) Section 245A(a)(2)(C).
                    (D) Section 248(3).
            (2) Section 214 (8 U.S.C. 1202) is amended--
                    (A) by redesignating subsection (p) (as added by 
                the Departments of Commerce, Justice, and State, the 
                Judiciary, and Related Agencies Appropriations Act, 
                2001, as enacted into law by Public Law 106-553) as 
                subsection (r);
                    (B) by redesignating the second subsection (o) (as 
                added by the Departments of Commerce, Justice, and 
                State, the Judiciary, and Related Agencies 
                Appropriations Act, 2001, as enacted into law by Public 
                Law 106-553) as subsection (q);
                    (C) by redesignating the first subsection (o) as 
                subsection (p);
                    (D) by redesignating subsection (n) as subsection 
                (o); and
                    (E) by redesignating the second subsection (m) as 
                subsection (n).
            (3) Section 101(a) is amended--
                    (A) in paragraph (13)(B), by striking ``212(d)(5)'' 
                and inserting ``212(c)(3)''; and
                    (B) in paragraph (13)(C)(v), by striking ``212(h)'' 
                and inserting ``212(f)''.
                    (C) in paragraph (15)(H)--
                            (i) by striking ``212(j)(2)'' and inserting 
                        ``214(s)(2)'';
                            (ii) by striking ``212(n)(1)'' and 
                        inserting ``214(u)(1)'';
                            (iii) by striking ``212(m)(1)'' and 
                        inserting ``214(t)(1)'';
                            (iv) by striking ``212(m)(2)'' and 
                        inserting ``214(t)(2)''; and
                            (v) by striking ``212(m)(6)'' and inserting 
                        ``214(t)(6)'';
                    (D) in paragraph (15)(J), by striking ``212(j)'' 
                and inserting ``214(s)'';
                    (E) in paragraph (15)(K), by striking ``(p) of 
                section 214'' and inserting ``(r) of section 214'';
                    (F) in paragraph (15)(T)(i), by striking ``214(n)'' 
                and inserting ``214(o)'';
                    (G) in paragraph (15)(U)(i), by striking ``214(o)'' 
                and inserting ``214(p)''; and
                    (H) in paragraph (15)(V), by striking ``214(o)'' 
                and inserting ``214(q)''.
            (4) Section 201(c)(4) is amended by striking ``212(d)(5)'' 
        and inserting ``212(c)(3)''.
            (5) Section 214(a)(1) is amended by striking ``212(l)'' and 
        inserting ``212(h)''.
            (6) Section 214(e)(5) is amended--
                    (A) by striking ``212(m)'' both places it appears 
                and inserting ``214(t)''; and
                    (B) by striking ``212(n)'' and inserting 
                ``214(u)''.
            (7) Section 214(f)(2)(A) is amended by striking 
        ``212(d)(5)'' and inserting ``212(c)(3)''.
            (8) Section 216(f) is amended by striking ``subsection (h) 
        or (i) of section 212'' and inserting ``section 212(f)''.
            (9) Section 237(a)(1)(C)(ii) is amended by striking 
        ``212(g)'' and inserting ``212(e)''.
            (10) Section 240A(b)(4) is amended by striking 
        ``212(d)(5)'' and inserting ``212(c)(3)''.
            (11) Section 242(a)(2)(B)(i) is amended by striking 
        ``212(h), 212(i),'' and inserting ``212(f),''.
            (12) Section 245(c) is amended--
                    (A) by striking ``212(d)(4)(C)'' and inserting 
                ``212(c)(2)(C)''; and
                    (B) by striking ``212(l)'' and inserting 
                ``212(h)''.
            (13) Section 248 is amended by striking ``(or whose 
        inadmissibility under such section is waived under section 
        212(a)(9)(B)(v))'' in the matter preceding paragraph (1).
            (14) Section 248(4) is amended by striking ``212(l)'' and 
        inserting ``212(h)''.
            (15) Section 252(a) is amended by striking ``212(d)(3), 
        section 212(d)(5),'' and inserting ``212(c)(3),''.
            (16) Paragraphs (2) and (3) of section 254(a) are each 
        amended by striking ``212(d)(5)'' and inserting ``212(c)(3)''.
            (17) Section 286(s)(6) is amended--
                    (A) by striking ``212(n)(1)'' each place it appears 
                and inserting ``214(u)(1)''; and
                    (B) by striking ``212(n)(2)'' both places it 
                appears and inserting ``214(u)(2)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect of the date of the enactment of this Act and shall apply to acts 
undertaken, and conditions existing, before, on, or after such date.

SEC. 205. ANTIFRAUD FEE.

    (a) Imposition of Fee.--
            (1) In general.--Chapter 9 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1351 et seq.) is amended by 
        inserting after section 281 the following:

                            ``antifraud fee

    ``Sec. 281A. (a) In General.--In addition to any other fees 
authorized by law, the Attorney General shall impose an antifraud fee 
on a petitioner filing a petition for classification under section 204, 
or a petition for an alien's status as a nonimmigrant under section 
101(a)(15) (excluding status under subparagraph (A), (B), (G), or (S) 
of such section).
    ``(b) Amount.--The amount of the fee shall be $100 for each such 
petition.
    ``(c) Disposition.--Fees collected under this section shall be 
deposited in the Treasury in accordance with section 286(v).''.
            (2) Clerical amendment.--The table of contents of the 
        Immigration and Nationality Act is amended by inserting after 
        the item relating to section 281 the following:

``Sec. 281A. Antifraud fee.''.
    (b) Establishment of Account; Use of Fees.--Section 286 (8 U.S.C. 
1356) is amended by adding at the end the following:
    ``(v) Antifraud Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account which shall be known as the 
        `Antifraud Account'. Notwithstanding any other provision of 
        law, there shall be deposited as offsetting receipts into the 
account all fees collected under section 281A.
            ``(2) Use of fees to combat fraud.--
                    ``(A) Attorney general.--
                            ``(i) Programs to eliminate fraud.--20 
                        percent of amounts deposited into the Antifraud 
                        Account shall remain available to the Attorney 
                        General until expended for programs and 
                        activities to eliminate fraud by petitioners 
                        and beneficiaries with respect to immigrant 
                        visa petitions under section 204 or status 
                        under section 101(a)(15) (excluding status 
                        under subparagraph (A), (B), (G), or (S) of 
                        such section).
                            ``(ii) Removal of aliens.--20 percent of 
                        amounts deposited into the Antifraud Account 
                        shall remain available to the Attorney General 
                        until expended for the removal of aliens who 
                        are deportable under section 237(a)(1)(A) by 
                        reason of having been found to be within the 
                        class of aliens inadmissible under section 
                        212(a)(6)(C).
                    ``(B) Secretary of state.--40 percent of the 
                amounts deposited into the Antifraud Account shall 
                remain available to the Secretary of State until 
                expended for programs and activities to eliminate fraud 
                by petitioners and beneficiaries described in 
                subparagraph (A).
                    ``(C) Joint programs.--20 percent of amounts 
                deposited into the Antifraud Account shall remain 
                available to the Attorney General and the Secretary of 
                State until expended for programs and activities 
                conducted by them jointly to eliminate fraud by 
                petitioners and beneficiaries described in subparagraph 
                (A).''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 6 months after the date of the enactment of this Act.

        TITLE III--TRACKING ALIENS PRESENT IN THE UNITED STATES

SEC. 301. ENTRY-EXIT SYSTEM.

    (a) Integrated Entry and Exit Data System.--Section 110(b)(1) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1221 note) is amended to read as follows:
            ``(1) provides access to, and integrates, arrival and 
        departure data of all aliens who arrive and depart at ports of 
        entry, in an electronic format and in a database of the 
        Department of Justice or the Department of State (including 
        those created or used at ports of entry and at consular 
        offices);''.
    (b) Construction.--Section 110(c) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is 
amended to read as follows:
    ``(c) Construction.--Nothing in this section shall be construed to 
reduce or curtail any authority of the Attorney General or the 
Secretary of State under any other provision of law.''.
    (c) Deadlines.--Section 110(d) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is 
amended--
            (1) in paragraph (1), by striking ``December 31'' and 
        inserting ``October 26'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) Land border ports of entry.--Not later than October 
        26, 2004, the Attorney General shall implement the integrated 
        entry and exit data system using the data described in 
        paragraph (1) and available alien arrival and departure data 
        described in subsection (b)(1) pertaining to aliens arriving 
        in, or departing from, the United States at all land border 
        ports of entry. Such implementation shall include ensuring that 
        such data, when collected or created by an immigration officer 
        at a port of entry, are entered into the system and can be 
        accessed by immigration officers at airports, seaports, and 
        other land border ports of entry.''; and
            (3) by striking paragraph (3).
    (d) Authority To Provide Access to System.--Section 110(f)(1) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1221 note) is amended by adding at the end the following:
        ``The Attorney General shall ensure that any officer or 
        employee of the Immigration and Naturalization Service or the 
        Department of State having need to access the data contained in 
        the integrated entry and exit data system for any lawful 
        purpose under the Immigration and Nationality Act has such 
        access, including access for purposes of representation of the 
        Service in removal proceedings under section 240 of such Act 
        and adjudication of applications for benefits under such 
        Act.''.
    (e) Waiver Available.--If the President determines in writing, with 
respect to a fiscal or calendar year, that a waiver of one or more of 
the amendments made by this section is desirable and would not threaten 
the national security of the United States, the President may waive the 
effectiveness of such amendment or amendments with respect to such 
year.

SEC. 302. COLLECTION OF INFORMATION REGARDING FOREIGN STUDENTS.

    (a) Course of Study.--Section 641(c)(1)(C) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1372(c)(1)(C)) is amended by inserting after ``including'' the 
following: ``each course of study the student has taken and is taking 
at the institution and''.
    (b) Implementation of Program To Collect Information Relating to 
Nonimmigrant Foreign Students and Other Exchange Program 
Participants.--Section 641(d)(2) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)(2)) is amended 
to read as follows:
            ``(2) Effect of failures.--
                    ``(A) Failure to implement program.--During any 
                period on or after January 1, 2003, if the program 
                described in subsection (a) is not fully implemented in 
                accordance with subsection (g), all approvals described 
                in subparagraph (A) of paragraph (1), and all grants of 
                authority described in subparagraph (B) of such 
                paragraph, shall be revoked.
                    ``(B) Failure to provide information.--During any 
                period on or after January 1, 2003, if an approved 
                institution of higher education or a designated 
                exchange visitor program fails to provide the 
                information described in subsection (c) through the 
                program described in subsection (a), all approvals 
                described in subparagraph (A) of paragraph (1), and all 
                grants of authority described in subparagraph (B) of 
                such paragraph, with respect to such institution or 
                exchange visitor program shall be revoked.

SEC. 303. ALIEN REGISTRATION.

    (a) In General.--Section 262 (8 U.S.C. 1302) is amended to read as 
follows:

             ``registration of aliens in the united states

    ``Sec. 262. (a) Initial Registration.--
            ``(1) In general.--It shall be the duty of every alien now 
        or hereafter in the United States, who (1) is fourteen years of 
        age or older, (2) has not been registered and fingerprinted 
        under section 221(b) of this Act or section 30 or 31 of the 
        Alien Registration Act, 1940, and (3) remains in the United 
        States for thirty days or longer, to apply for registration and 
        to be fingerprinted before the expiration of such thirty days.
            ``(2) Minors.--It shall be the duty of every parent or 
        legal guardian of any alien now or hereafter in the United 
        States, who (1) is less than fourteen years of age, (2) has not 
        been registered under section 221(b) of this Act or section 30 
        or 31 of the Alien Registration Act, 1940, and (3) remains in 
        the United States for thirty days or longer, to apply for the 
        registration of such alien before the expiration of such thirty 
        days. Whenever any alien attains his fourteenth birthday in the 
        United States he shall, within thirty days thereafter, apply in 
        person for registration and to be fingerprinted.
    ``(b) Subsequent Registrations.--
            ``(1) Permanent residents.--In addition to any other 
        registration otherwise required under this Act or any other 
        Act, each alien lawfully admitted for permanent residence shall 
        annually register with the Attorney General, regardless of 
        whether there has been any change in the alien's address. This 
        requirement shall commence on the first anniversary of the date 
        on which the alien acquired the status of an alien lawfully 
        admitted for permanent residence that occurs after the 
        enactment of the Securing America's Future through Enforcement 
        Reform Act of 2002.
            ``(2) Other aliens.--In addition to any other registration 
        otherwise required under this Act or any other Act, every alien 
        in the United States, other than an alien described in 
        paragraph (1), shall register with the Attorney General at the 
        expiration of each 3-month period during which the alien 
        remains in the United States, regardless of whether there has 
        been any change in the alien's address. This requirement shall 
        commence on the 60th day after the alien enters the United 
        States.
            ``(3) Minors.--In the case of an alien who is less than 
        fourteen years of age, a parent or legal guardian of the alien 
        may carry out this subsection on behalf of the alien.
    ``(c) Change of Address.--
            ``(1) In general.--Each alien required to be registered 
        under this title who is within the United States shall notify 
        the Attorney General in writing of each change of address and 
        new address within ten days from the date of such change and 
        furnish with such notice such additional information as the 
        Attorney General may require by regulation.
            ``(2) Certain foreign states.--
                    ``(A) In general.--The Attorney General may, in the 
                discretion of the Attorney General, upon ten days 
                notice, require the natives of any one or more foreign 
                states, or any class or group thereof, who are within 
                the United States and who are required to be registered 
                under this title, to notify the Attorney General of 
                their current addresses and furnish such additional 
                information as the Attorney General may require.
                    ``(B) Notice for minors.--In the case of an alien 
                for whom a parent or legal guardian is required to 
                apply for registration, the notice required by this 
                section shall be given to such parent or legal 
                guardian.
            ``(3) Minors.--In the case of an alien who is less than 
        fourteen years of age, a parent or legal guardian of the alien 
        may carry out this subsection on behalf of the alien.
    ``(d) Exception.--Subsections (b) and (c) shall not apply to an 
alien lawfully admitted for permanent residence, and the alien's spouse 
and children, if the alien is a member of the armed forces of the 
United States serving on active duty (as defined in section 101(d) of 
title 10, United States Code).
    ``(e) Forms.--The Attorney General shall prepare forms for 
registrations and change of address notifications required under this 
section. Such forms shall contain inquiries to obtain the following 
information:
            ``(1) Full name and aliases.
            ``(2) Current address.
            ``(3) Date of birth.
            ``(4) Visa category.
            ``(5) Date of entry into the United States.
            ``(6) Termination date of authorization to remain in the 
        United Sates, if any.
            ``(7) Signature.
            ``(8) Biometric feature of the alien.
            ``(9) Any additional information that the Attorney General 
        determines to be necessary.
    ``(f) Information Technology System.--The Attorney General shall 
establish and operate an information technology system for the 
electronic collection, compilation, and maintenance of the information 
submitted under this section. Such system shall permit any alien 
address in the United States that has been registered with the Attorney 
General, and the date of such registration, to be accessed by any 
officer or employee of the Immigration and Naturalization Service 
having need for such access for any lawful purpose under the 
Immigration and Nationality Act.''.
    (b) Repeal.--Section 265 (8 U.S.C. 1305) is repealed and the table 
of contents is amended by striking the item relating to such section.
    (c) Conforming Amendments.--
            (1) Removal for failure to comply.--Section 237(a)(3)(A) (8 
        U.S.C. 1227(a)(3)(A)) is amended by striking ``265'' and 
        inserting ``262''.
            (2) Registration of special groups.--Section 263(b) (8 
        U.S.C. 1303(b)) is amended by inserting ``(excluding subsection 
        (c) of such section)'' after ``262''.
            (3) Forms and procedure.--Section 264(a) (8 U.S.C. 1304(a)) 
        is amended by striking ``of this title, and the Attorney 
        General is authorized and directed to prepare forms for the 
        registration and fingerprinting of aliens under section 262 of 
        this title.'' and inserting a period.
            (4) Penalties.--Section 266 (8 U.S.C. 1306) is amended by 
        striking ``265'' each place such term appears and inserting 
        ``262''.
    (d) Attorney General Report.--Not later than 3 years after the date 
of the enactment of this Act, the Attorney General shall submit a 
report to the Committees on the Judiciary of the House of 
Representatives and the Senate on the implementation of section 262 of 
the Immigration and Nationality Act, as amended by this section, and 
the results of such implementation.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 304. VISA TERM COMPLIANCE BONDS.

    (a) Definitions.--For purposes of this section:
            (1) Visa term compliance bond.--The term ``visa term 
        compliance bond'' means a written suretyship undertaking 
        entered into by an alien individual seeking admission to the 
        United States of America on a nonimmigrant visa whose 
        performance is guaranteed by a bail agent.
            (2) Suretyship undertaking.--The term ``suretyship 
        undertaking'' means a written agreement, executed by a bail 
        agent, which binds all parties to its certain terms and 
        conditions and which provides obligations for the visa 
        applicant while under the bond and penalties for forfeiture to 
        ensure the obligations of the principal under the agreement.
            (3) Bail agent.--The term ``bail agent'' means any 
        individual properly licensed, approved, and appointed by power 
        of attorney to execute or countersign bail bonds in connection 
        with judicial proceedings and who receives a premium.
            (4) Surety.--The term ``surety'' means an entity, as 
        defined by, and that is in compliance with, sections 9304 
        through 9308 of title 31, United States Code, that agrees--
                    (A) to guarantee the performance, where 
                appropriate, of the principal under a visa term 
                compliance bond;
                    (B) to perform as required in the event of a 
                forfeiture; and
                    (C) to pay over the principal (penal) sum of the 
                bond for failure to perform.
    (b) Issuance of Bond.--A consular officer may require an applicant 
for a nonimmigrant visa, as a condition for granting such application, 
to obtain a visa term compliance bond.
    (c) Validity, Expiration, Renewal, and Cancellation of Bonds.--
            (1) Validity.--A visa term compliance bond undertaking is 
        valid if it--
                    (A) states the full, correct, and proper name of 
                the alien principal;
                    (B) states the amount of the bond;
                    (C) is guaranteed by a surety and countersigned by 
                an attorney-in-fact who is properly appointed;
                    (D) is an original signed document;
                    (E) is filed with the Commissioner along with the 
                original application for a visa; and
                    (F) is not executed by electronic means.
            (2) Expiration.--A visa term compliance bond undertaking 
        shall expire at the earliest of--
                    (A) 1 year from the date of issue;
                    (B) at the expiration, cancellation, or surrender 
                of the visa; or
                    (C) immediately upon nonpayment of the premium.
            (3) Renewal.--The bond may be renewed--
                    (A) annually with payment of proper premium at the 
                option of the bail agent or surety; and
                    (B) provided there has been no breech of 
                conditions, default, claim, or forfeiture of the bond.
            (4) Cancellation.--The bond shall be canceled and the 
        surety and bail agent exonerated--
                    (A) for nonrenewal;
                    (B) if the surety or bail agent provides reasonable 
                evidence that there was misrepresentation or fraud in 
                the application for the bond;
                    (C) upon termination of the visa;
                    (D) upon death, incarceration of the principal, or 
                the inability of the surety to produce the principal 
                for medical reasons;
                    (E) if the principal is detained in any city, 
                State, country, or political subdivision thereof;
                    (F) if the principal departs from the United States 
                of America for any reason without permission of the 
                Commissioner and the surety or bail agent; or
                    (G) if the principal is surrendered by the surety.
            (5) Effect of expiration or cancellation.--When a visa term 
        compliance bond expires without being immediately renewed, or 
        is canceled, the nonimmigrant status of the alien shall be 
        revoked immediately.
            (6) Surrender of principal; forfeiture of bond premium.--
                    (A) Surrender.--At any time before a breach of any 
                of the conditions of the bond, the surety or bail agent 
                may surrender the principal, or the principal may 
                surrender, to any Immigration and Naturalization 
                Service office or facility.
                    (B) Forfeiture of bond premium.--A principal may be 
                surrendered without the return of any bond premium if 
                the visa holder--
                            (i) changes address without notifying the 
                        surety or bail agent and the Attorney General 
                        in writing at least 60 days prior to such 
                        change;
                            (ii) changes schools, jobs, or occupations 
                        without written permission of the surety, bail 
                        agent, and the Attorney General;
                            (iii) conceals himself or herself;
                            (iv) fails to report to the Attorney 
                        General as required at least annually; or
                            (v) violates the contract with the bail 
                        agent or surety, commits any act that may lead 
                        to a breech of the bond, or otherwise violates 
                        any other obligation or condition of the visa 
                        established by the Attorney General.
            (7) Certified copy of undertaking or warrant to accompany 
        surrender.--
                    (A) In general.--A person desiring to make a 
                surrender of the visa holder--
                            (i) shall have the right to petition any 
                        Federal court for an arrest warrant for the 
                        arrest of the visa holder;
                            (ii) shall forthwith be provided a 
                        certified copy of the arrest warrant and the 
                        undertaking; and
                            (iii) shall have the right to pursue, 
                        apprehend, detain, and deliver the visa holder, 
                        together with the certified copy of the arrest 
                        warrant and the undertaking, to any official or 
                        facility of the Immigration and Naturalization 
                        Service or any detention facility authorized to 
                        hold Federal detainees.
                    (B) Effects of delivery.--Upon delivery of a person 
                under subparagraph (A)(iii)--
                            (i) the official to whom the delivery is 
                        made shall detain the visa holder in custody 
                        and issue a written certificate of surrender; 
                        and
                            (ii) the court issuing the warrant 
                        described in subparagraph (A)(i) and the 
                        Attorney General shall immediately exonerate 
                        the surety and bail agent from any further 
                        liability on the bond.
            (8) Form of bond.--A visa term compliance bond shall in all 
        cases state the following and be secured by a surety:
                    ``(A) Breech of bond; procedure, forfeiture, 
                notice.--
                            ``(i) If a visa holder violates any 
                        conditions of the visa or the visa bond the 
                        Attorney General shall--
                                    ``(I) order the visa canceled;
                                    ``(II) immediately obtain a warrant 
                                for the visa holder's arrest;
                                    ``(III) order the bail agent and 
                                surety to take the visa holder into 
                                custody and surrender the visa holder 
                                to the Attorney General; and
                                    ``(IV) mail notice to the bail 
                                agent and surety via certified mail 
                                return receipt at each of the addresses 
                                in the bond.
                            ``(ii) A bail agent or surety shall have 
                        full and complete access to any and all 
                        information, electronic or otherwise, in the 
                        care, custody, and control of the United States 
                        Government or any State or local government or 
                        any subsidiary or police  agency thereof 
regarding the visa holder needed to comply with section 304 of the 
Securing America's Future through Enforcement Reform Act of 2002 that 
the court issuing the warrant believes is crucial in locating the visa 
holder.
                            ``(iii) If the visa holder is later 
                        arrested, detained, or otherwise located 
                        outside the United States and the outlying 
                        possessions of the United States (as defined in 
                        section 101(a) of the Immigration and 
                        Nationality Act), the Attorney General shall--
                                    ``(I) order that the bail agent and 
                                surety are completely exonerated, and 
                                the bond canceled and terminated; and
                                    ``(II) if the Attorney General has 
                                issued an order under clause (i), the 
                                surety may request, by written, 
                                properly filed motion, reinstatement of 
                                the bond. This subclause may not be 
                                construed to prevent the Attorney 
                                General from revoking or resetting a 
                                higher bond.
                            ``(iv) The bail agent or surety must--
                                    ``(I) produce the visa bond holder; 
                                or
                                    ``(II)(aa) prove within 180 days 
                                that producing the bond holder was 
                                prevented--
                                            ``(aaa) by the bond 
                                        holder's illness or death;
                                            ``(bbb) because the bond 
                                        holder is detained in custody 
                                        in any city, State, country, or 
                                        political subdivision thereof;
                                            ``(ccc) because the bond 
                                        holder has left the United 
                                        States or its outlying 
                                        possessions (as defined in 
                                        section 101(a) of the 
                                        Immigration and Nationality Act 
                                        (8 U.S.C. 1101(a)); or
                                            ``(ddd) because required 
                                        notice was not given to the 
                                        bail agent or surety; and
                                    ``(bb) prove within 180 days that 
                                the inability to produce the bond 
                                holder was not with the consent or 
                                connivance of the bail agent or 
                                sureties.
                            ``(v) If the bail agent or surety does not 
                        comply with the terms of this bond within 60 
                        days after the mailing of the notice required 
                        under subparagraph (A)(i)(IV), a portion of the 
                        face value of the bond shall be assessed as a 
                        penalty against the surety.
                            ``(vi) If compliance occurs more than 60 
                        days but no more than 90 days after the mailing 
                        of the notice, the amount assessed shall be 
                        one-third of the face value of the bond.
                            ``(vii) If compliance occurs more than 90 
                        days, but no more than 180 days, after the 
                        mailing of the notice, the amount assessed 
                        shall be two-thirds of the face value of the 
                        bond.
                            ``(viii) If compliance does not occur 
                        within 180 days after the mailing of the 
                        notice, the amount assessed shall be 100 
                        percent of the face value of the bond.
                            ``(ix) All penalty fees shall be paid by 
                        the surety within 45 days after the end of such 
                        180-day period.
                    ``(B) The Attorney General may waive the penalty 
                fees or extend the period for payment or both, if--
                            ``(i) a written request is filed with the 
                        Attorney General; and
                            ``(ii) the bail agent or surety provides 
                        evidence satisfactory to the Attorney General 
                        that diligent efforts were made to effect 
                        compliance of the visa holder.
                    ``(C) Compliance; exoneration; limitation of 
                liability.--
                            ``(i) Compliance.--The bail agent or surety 
                        shall have the absolute right to locate, 
                        apprehend, arrest, detain, and surrender any 
                        visa holder, wherever he or she may be found, 
                        who violates any of the terms and conditions of 
                        the visa or bond.
                            ``(ii) Exoneration.--Upon satisfying any of 
                        the requirements of the bond, the surety shall 
                        be completely exonerated.
                            ``(iii) Limitation of liability.--The total 
                        liability on any undertaking shall not exceed 
                        the face amount of the bond.''.

SEC. 305. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

    (a) In General.--Section 236(a)(2) is amended to read as follows:
            ``(2) subject to section 241(a)(8), may release the alien 
        on bond of at least $10,000, with security approved by, and 
        containing conditions prescribed by, the Attorney General, but 
        the Attorney General shall not release the alien on or to his 
        own recognizance unless an order of an immigration judge 
        expressly finds that the alien is not a flight risk and is not 
        a threat to the United States; and''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 306. DETENTION OF ALIENS DELIVERED BY BONDSMEN.

    (a) In General.--Section 241(a) (8 U.S.C. 1231(a)) is amended by 
adding at the end the following:
            ``(8) Effect of production of alien by bondsman.--
        Notwithstanding any other provision of law, the Attorney 
        General shall take into custody any alien subject to a final 
        order of removal, and cancel any bond previously posted for the 
        alien, if the alien is produced within the prescribed time 
        limit by the obligor on the bond. The obligor on the bond shall 
        be deemed to have substantially performed all conditions 
        imposed by the terms of the bond, and shall be released from 
        liability on the bond, if the alien is produced within such 
        time limit.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this act and shall apply to 
all immigration bonds posted before, on, or after the date of the 
enactment of this Act.

   TITLE IV--REMOVING ALIEN TERRORISTS, CRIMINALS, AND HUMAN RIGHTS 
                               VIOLATORS

                 Subtitle A--Removing Alien Terrorists

SEC. 401. DEPORTABILITY OF ALIEN TERRORISTS.

    (a) In General.--Section 237(a)(4)(B) (8 U.S.C. 1227(a)(4)(B)) is 
amended to read as follows:
                    ``(B) Terrorist activities.--Any alien who would be 
                considered inadmissible pursuant to section 
                212(a)(3)(B) is deportable.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
conduct occurring before, on, or after such date.

SEC. 402. ADMINISTRATIVE REMOVAL OF ALIEN TERRORISTS.

    (a) In General.--Section 238 (8 U.S.C. 1228) is amended--
            (1) in the section heading, by striking ``aliens convicted 
        of committing aggravated felonies'' and inserting ``certain 
        aliens'';
            (2) in the heading of subsection (a), by inserting 
        ``Institutional'' before ``Removal'';
            (3) in subsection (a)(1), by striking ``241'' each place it 
        appears and inserting ``237'';
            (4) by amending the heading of subsection (b) to read as 
        follows:
    ``(b) Proceedings for the Administrative Removal of Aliens.--'';
            (5) by amending subsection (b)(1) to read as follows:
            ``(1) The Attorney General may--
                    ``(A) in the case of an alien described in 
                paragraph (2), determine the deportability of such 
                alien under section 237(a)(2)(A)(iii) (relating to 
                conviction of an aggravated felony); or
                    ``(B) in the case of an alien certified under 
                paragraph (2)(C), determine the deportability of such 
                alien under any provision of section 237,
        and issue an order of removal pursuant to the procedures set 
        forth in this subsection or section 240.'';
            (6) in subsection (b)(2)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(C) has been certified by the Attorney General, 
                pursuant to paragraph (6), which certification is not 
                reviewable except as provided in subsection (b)(7).'';
            (7) by adding at the end of subsection (b) the following:
            ``(6) Certification.--The Attorney General may certify an 
        alien under this paragraph if the Attorney General has 
        reasonable grounds to believe that the alien--
                    ``(A) is described in section 212(a)(3)(A)(i), 
                212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i), 
                237(a)(4)(A)(iii), or 237(a)(4)(B); or
                    ``(B) is engaged in any other activity that 
                endangers the national security of the United States.
            ``(7) Nondelegation.--The Attorney General may delegate the 
        authority provided under paragraph (6) only to the Deputy 
        Attorney General. The Deputy Attorney General may not delegate 
        such authority.
            ``(8) Judicial review.--Notwithstanding any other provision 
        of law, judicial review of an order under paragraph (2)(C) 
        shall be available only by a filing in the United States Court 
        of Appeals for the District of Columbia.'';
            (8) by striking the first subsection (c) and inserting the 
        following:
    ``(c) Presumption of Removability.--An alien convicted of an 
aggravated felony, or certified pursuant to section 238(b)(2)(C), shall 
be conclusively presumed to be removable from the United States.''; and
            (9) by redesignating the second subsection (c) 
        (redesignated as such by section 671(b)(13) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996) as 
        subsection (d).
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
aliens in removal proceedings on or after such date.

SEC. 403. ASYLUM PETITIONS BY MEMBERS OF TERRORIST ORGANIZATIONS.

    (a) In General.--Paragraph (1) of section 208(b) (8 U.S.C. 1158(b)) 
is amended by adding at the end the following: ``In any case in which 
there may be more than one motive for persecution, the alien bears the 
burden of showing that such persecution was or would be inflicted 
solely on account of race, religion, nationality, membership in a 
particular social group, or political opinion.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
determinations pending on or after such date with respect to which a 
final administrative decision has not been rendered as of such date.

                  Subtitle B--Removing Alien Criminals

SEC. 411. DEFINITION OF CRIMINAL CONVICTION.

    (a) In General.--Subparagraph (B) of section 101(a)(48) (8 U.S.C. 
1101(a)(48)) is amended by adding at the end the following: ``Any 
conviction entered by a court shall remain valid for immigration 
purposes notwithstanding a vacation of that conviction, unless the 
conviction is vacated on direct appeal wherein the court determines 
that vacation is warranted on the merits, or on grounds relating to a 
violation of a fundamental statutory or constitutional right in the 
underlying criminal proceedings.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
determinations pending on or after such date with respect to which a 
final administrative decision has not been rendered as of such date.

SEC. 412. REMOVING MURDERERS, RAPISTS, AND SEXUAL ABUSERS OF CHILDREN.

    (a) Removing Murderers, Rapists, and Sexual Abusers of Children.--
Subparagraph (A) of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is 
amended by inserting before the semicolon at the end the following: ``, 
regardless of the term of imprisonment, and regardless of whether the 
offenses are deemed to be misdemeanors or felonies under State or 
Federal law,''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
convictions entered on or after such date.

SEC. 413. DETENTION AND RELEASE OF CRIMINAL ALIENS PENDING REMOVAL 
              DECISION.

    (a) Arrest and Detention.--
            (1) In general.--Section 236(c)(1) (8 U.S.C. 1226(c)(1)) is 
        amended--
                    (A) by striking the matter preceding subparagraph 
                (A) and inserting the following:
            ``(1) Arrest and detention.--On a warrant issued by the 
        Attorney General, an alien shall be arrested and detained 
        pending a decision on whether the alien is to be removed from 
        the United States if the Attorney General alleges that the 
        alien--'';
                    (B) in subparagraph (D), by striking the comma at 
                the end and inserting a period; and
                    (C) by striking the matter following subparagraph 
                (D) and adding at the end the following:
        ``Nothing in this paragraph shall be construed as requiring the 
        Attorney General to arrest or detain an alien who is sentenced 
        to a term of imprisonment until the alien is released from 
        imprisonment, but parole, supervised release, probation, or 
        possibility of arrest or further imprisonment is not a reason 
        for the Attorney General to defer arrest and detention under 
        this paragraph.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to aliens who are in proceedings under the 
        Immigration and Nationality Act on or after the date of the 
        enactment of this Act if those proceedings have not resulted in 
        a final administrative order before such date.
    (b) Release.--
            (1) In general.--Section 236(c)(2) (8 U.S.C. 1226(c)(2)) is 
        amended--
                    (A) by inserting after the first sentence the 
                following:
        ``To satisfy this burden, the alien is required to present 
        documentary evidence or witness testimony from a third party, 
        where such evidence is reasonably available. No finder of fact 
        may determine that such evidence is not reasonably available 
        solely because the alien is detained.''; and
                    (B) by adding at the end the following:
        ``The Attorney General may release an alien under this 
        paragraph only on bond of at least $5,000 with security 
        approved by, and containing conditions prescribed by, the 
        Attorney General.''.
            (2) Condition on release.--Section 236(a) (8 U.S.C. 
        1226(a)) is amended by adding at the end the following:
``In order to be released, the alien has the burden of proving that the 
alien is neither a danger to the community nor a flight risk. To 
satisfy this burden, the alien is required to present documentary 
evidence or witness testimony from a third party, where such evidence 
is reasonably available. No finder of fact may determine that such 
evidence is not reasonably available solely because the alien is 
detained.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to releases occurring on or after the date of the 
        enactment of this Act.

           Subtitle C--Removing Alien Human Rights Violators

SEC. 421. SERIOUS HUMAN RIGHTS VIOLATOR DEFINED.

    Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the end 
the following:
    ``(51)(A) The term `serious human rights violator' means any alien 
who--
            ``(i) ordered, incited, assisted, or otherwise participated 
        in the persecution of any person on account of race, religion, 
        nationality, membership in a particular social group, or 
        political opinion;
            ``(ii) while serving as a foreign government official, was 
        responsible for, or directly carried out, particularly severe 
        violations of religious freedom (as defined in section 3 of the 
        International Religious Freedom Act of 1998 (22 U.S.C. 6402));
            ``(iii) during an armed conflict, ordered, incited, 
        assisted, or otherwise participated in a war crime (as defined 
        in section 2441(c) of title 18, United States Code);
            ``(iv) ordered, incited, assisted, otherwise participated 
        in, attempted to commit, or conspired to commit conduct that 
        would constitute genocide (as defined in section 1091(a) of 
        title 18, United States Code), if the conduct were committed in 
        the United States or by a United States national;
            ``(v) ordered, incited, assisted, or otherwise participated 
        in any act of torture (as defined in the United Nations 
        Convention Against Torture and Other Forms of Cruel, Inhuman or 
        Degrading Treatment or Punishment, done at New York on December 
        10, 1984, subject to any reservations, understandings, 
        declarations, and provisos contained in the United States 
        Senate resolution of ratification of the Convention); or
            ``(vi) committed, ordered, incited, assisted, otherwise 
        participated in, or was responsible for any of the following 
        acts, when undertaken in whole or in significant part for a 
        political, religious, or discriminatory purpose:
                    ``(I) Murder or other homicide.
                    ``(II) Kidnapping.
                    ``(III) Disappearance.
                    ``(IV) Rape.
                    ``(V) Torture or mutilation.
                    ``(VI) Prolonged, arbitrary detention.
                    ``(VII) Enslavement.
                    ``(VIII) Forced prostitution, impregnation, 
                sterilization, or abortion.
                    ``(IX) Genocide.
                    ``(X) Extermination.
                    ``(XI) Recruitment of persons under the age of 15 
                for use in armed conflict.
    ``(B) Subparagraph (A) shall not apply to an alien who demonstrates 
by clear and convincing evidence that the conduct was committed under 
extreme duress. For purposes of the preceding sentence, `extreme 
duress' means duress created by a threat of imminent death or rape of 
the alien, or a spouse, child, or parent of the alien.''.

SEC. 422. DEPORTABILITY OF SERIOUS HUMAN RIGHTS VIOLATORS.

    (a) In General.--Section 237(a) (8 U.S.C. 1227(a)) is amended by 
adding at the end the following:
            ``(8) Serious human rights violators.--Any serious human 
        rights violator is deportable.''.
    (b) Conforming Amendment.--Section 237(a)(4)(D) (8 U.S.C. 
1227(a)(4)(D)) is amended to read as follows:
                    ``(D) Assisted in nazi persecution.--Any alien 
                described in section 212(a)(3)(E) is deportable.''.

SEC. 423. ARREST AND DETENTION OF SERIOUS HUMAN RIGHTS VIOLATORS 
              PENDING REMOVAL AND CRIMINAL PROSECUTION DECISIONS.

    (a) Custody.--Section 236(c)(1)(D) (8 U.S.C. 1226(c)(1)(D)) is 
amended by striking ``section 237(a)(4)(B),'' and inserting ``paragraph 
(4)(B) or (8) of section 237(a)''.
    (b) Notice to Criminal Division.--Section 236(c) (8 U.S.C. 1226(c)) 
is amended by adding at the end the following:
            ``(3) Notice to criminal division.--The Commissioner shall 
        ensure that the Assistant Attorney General for the Criminal 
        Division of the Department of Justice--
                    ``(A) is notified when an alien is arrested and 
                detained under paragraph (1) by reason of 
                inadmissibility under section 212(a)(2)(G) or 
                deportability under section 237(a)(8);
                    ``(B) is provided the information that was the 
                basis for the application of such paragraph; and
                    ``(C) makes a determination whether the alien 
                should be arrested and prosecuted in the United States 
                for a criminal offense.
            ``(4) Reports.--Beginning 6 months after the date of the 
        enactment of the Securing America's Future through Enforcement 
        Reform Act of 2002, and every 12 months thereafter, the 
        Attorney General shall submit to the Committees on the 
        Judiciary of the United States House of Representatives and of 
        the Senate a report containing the following:
                    ``(A) The number of removal proceedings initiated 
                against aliens under sections 212(a)(2)(G) and 
                237(a)(8) during the reporting period.
                    ``(B) The number of removal proceedings under 
                sections 212(a)(2)(G) and 237(a)(8) pending at the 
                conclusion of the reporting period.
                    ``(C) The number of aliens removed under sections 
                212(a)(2)(G) and 237(a)(8) during the reporting period.
                    ``(D) The number of notifications under paragraph 
                (3)(A) made during the reporting period.
                    ``(E) The number of criminal prosecutions initiated 
                during the reporting period based on information 
                provided under paragraph (3).
                    ``(F) The number of criminal prosecutions pending 
                at the conclusion of the reporting period that were 
                initiated based on information provided under paragraph 
                (3).
                    ``(G) The number of criminal prosecutions initiated 
                based on information provided under paragraph (3) that 
                resulted in a conviction during the reporting 
                period.''.

SEC. 424. EXCEPTION TO RESTRICTION ON REMOVAL FOR SERIOUS HUMAN RIGHTS 
              VIOLATORS AND TERRORISTS.

    Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amended--
            (1) in the matter preceding clause (i), by striking 
        ``section 237(a)(4)(D)'' and inserting ``subparagraph (B) or 
        (D) of section 237(a)(4)''; and
            (2) by amending clause (i) to read as follows:
                            ``(i) the alien is a serious human rights 
                        violator;''.

SEC. 425. INITIATION OF REMOVAL PROCEEDINGS AGAINST SERIOUS HUMAN 
              RIGHTS VIOLATORS BY COMPLAINT.

    Section 239 (8 U.S.C. 1229) is amended by adding at the end the 
following:
    ``(e) Complaints Respecting Serious Human Rights Violators.--
            ``(1) Establishment of process.--The Attorney General shall 
        establish a process for the receipt, investigation, and 
        disposition of complaints alleging that an alien present in the 
        United States is a serious human rights violator and 
        identifying that alien.
            ``(2) Persons entitled to file complaints.--Any individual 
        may file a complaint under paragraph (1).
            ``(3) Form and content of complaint.--A complaint under 
        paragraph (1) shall be in the form of a written statement, 
        executed under oath or as permitted under penalty of perjury 
        under section 1746 of title 28, United States Code, and shall 
        contain such information as the Attorney General may require. 
        Complaints shall be filed with an office designated for that 
        purpose by the Attorney General.
            ``(4) Notice served on subject of complaint.--The Attorney 
        General shall serve notice, by certified mail and within 14 
        days of the filing of a complaint under paragraph (1), on each 
        alien identified in the complaint as a serious human rights 
        violator. The alien shall answer the complaint within 10 days 
        of receiving it.
            ``(5) Investigation and action.--The Attorney General shall 
        conduct an investigation of each complaint that satisfies the 
        requirements of this subsection. Not later than 180 days after 
        the date of filing of such a complaint, the Attorney General, 
        with respect to each alien identified in the complaint as a 
        serious human rights violator--
                    ``(A) shall initiate removal proceedings against 
                the alien; or
                    ``(B) shall issue to the complainant a written 
                determination that, in the opinion of the Attorney 
                General, the alien is not a serious human rights 
                violator.
            ``(6) Construction.--Nothing in this subsection shall be 
        construed to limit the discretion of consular officers under 
        section 291 to determine eligibility for a visa or document 
        required for entry or to limit the discretion of any 
        immigration officer otherwise to initiate removal proceedings 
        under this Act.''.

SEC. 426. BARS TO REFUGEE STATUS AND ASYLUM FOR SERIOUS HUMAN RIGHTS 
              VIOLATORS.

    (a) Refugee Defined.--Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is 
amended by striking the second sentence and inserting ``The term 
`refugee' does not include any person who is a serious human rights 
violator as defined in section 101(a)(51)(A).''.
    (b) No Waiver of Ground of Inadmissibility for Refuge Seekers.--
Section 207(c)(3) (8 U.S.C. 1157(c)(3)) is amended by inserting ``or 
(2)(G)'' after ``(2)(C)''.
    (c) Exceptions to Granting Asylum.--Section 208(b)(2)(A)(i) (8 
U.S.C. 1158(b)(2)(A)(i)) is amended to read as follows:
                            ``(i) the alien is a serious human rights 
                        violator;''.
    (d) Extension to Spouses and Children of Exceptions to Granting 
Asylum.--Section 208(b)(3) of the Immigration and Nationality Act (8 
U.S.C. 1158(b)(3)) is amended by striking ``such alien.'' and inserting 
``such alien, unless the Attorney General determines that one of the 
exceptions in clauses (i) through (v) of paragraph (2)(A) applies to 
the spouse or child.''.

SEC. 427. BAR TO ADJUSTMENT OF STATUS FOR SERIOUS HUMAN RIGHTS 
              VIOLATORS.

    Section 209(c) (8 U.S.C. 1159(c)) is amended by inserting ``or 
(2)(G)'' after ``(2)(C)''.

SEC. 428. BAR TO FINDING OF GOOD MORAL CHARACTER FOR SERIOUS HUMAN 
              RIGHTS VIOLATORS.

    Section 101(f) (8 U.S.C. 1101(f)) is amended by inserting after 
paragraph (1) the following:
            ``(2) a serious human rights violator;''.

SEC. 429. BAR TO CANCELLATION OF REMOVAL FOR SERIOUS HUMAN RIGHTS 
              VIOLATORS.

    Section 240A(c)(4) (8 U.S.C. 2339b(c)(4)) is 
amended--
            (1) by striking ``section 212(a)(3)'' and inserting 
        ``paragraph (2)(G) or (3) of section 212(a)''; and
            (2) by striking ``section 237(a)(4).'' and inserting 
        ``paragraph (4) or (8) of section 237(a).''.

SEC. 430. BAR TO ADJUSTMENT OF STATUS WITH RESPECT TO CERTAIN SPECIAL 
              IMMIGRANTS.

    Section 245(h)(2)(B) (8 U.S.C. 1255(h)(2)(B)) is amended by 
inserting ``(2)(G),'' before ``(3)(A)''.

SEC. 431. CRIMINAL PENALTIES FOR REENTRY OF REMOVED SERIOUS HUMAN 
              RIGHTS VIOLATORS.

    Section 276(b) (8 U.S.C. 1326(b)) is amended--
            (1) in paragraph (3), by striking ``sentence. or'' and 
        inserting ``sentence;'';
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; or''; and
            (3) by inserting after paragraph (4) the following:
            ``(5) who was removed from the United States pursuant to 
        section 212(a)(2)(G) or 237(a)(8), and who thereafter, without 
        the permission of the Attorney General, enters, attempts to 
        enter, or is at any time found in, the United States shall be 
        fined under title 18, United States Code, imprisoned not more 
        than 10 years, or both.''.

SEC. 432. AIDING OR ASSISTING SERIOUS HUMAN RIGHTS VIOLATORS TO ENTER 
              THE UNITED STATES.

    Section 277 (8 U.S.C. 1327) is amended by striking ``felony)'' and 
inserting ``felony or is a serious human rights violator)''.

SEC. 433. REVISION OF REGULATIONS WITH RESPECT TO THE INVOLUNTARY 
              RETURN OF PERSONS IN DANGER OF SUBJECTION TO TORTURE.

    (a) Regulations.--
            (1) Revision deadline.--Not later than 120 days after the 
        date of the enactment of this Act, the Attorney General shall 
        revise the regulations prescribed by the Attorney General to 
        implement the United Nations Convention Against Torture and 
        Other Forms of Cruel, Inhuman or Degrading Treatment or 
        Punishment, done at New York on December 10, 1984.
            (2) Exclusion of certain aliens.--The revision shall 
        exclude from the protection of such regulations aliens 
        described in section 241(b)(3)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1231(b)(3)(B)) (as amended by section 
        424 of this Act), including rendering such aliens ineligible 
        for withholding or deferral of removal under the Convention.
            (3) Burden of proof.--The revision shall also ensure that 
        the burden of proof is on the applicant for withholding or 
        deferral of removal under the Convention to establish by clear 
        and convincing evidence that he or she would be tortured if 
        removed to the proposed country of removal.
    (b) Judicial Review.--Notwithstanding any other provision of law, 
no court shall have jurisdiction to review the regulations adopted to 
implement this section, and nothing in this section shall be construed 
as providing any court jurisdiction to consider or review claims raised 
under the Convention or this section, except as part of the review of a 
final order of removal pursuant to section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252).

SEC. 434. EFFECTIVE DATE.

    This subtitle, and the amendments made by this subtitle, shall take 
effect on the date of the enactment of this Act and shall apply to 
violations occurring before, on, or after such date.

 TITLE V--ENHANCING ENFORCEMENT OF THE IMMIGRATION AND NATIONALITY ACT 
                            IN THE INTERIOR

                     Subtitle A--Document Security

SEC. 501. BIRTH CERTIFICATES.

    Subsection (a) of section 656 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (5 U.S.C. 301 note) is amended to 
read as follows:
    ``(a) Birth Certificates.--
            ``(1) Limitation on acceptance.--(A) No Federal agency, 
        including but not limited to the Social Security Administration 
        and the Department of State, and no State agency that issues 
        driver's licenses or identification documents, may accept for 
        any official purpose a copy of a birth certificate, as defined 
        in paragraph (5), unless it is issued by a State or local 
        authorized custodian of record and it conforms to standards 
described in subparagraph (B).
            ``(B) The standards described in this subparagraph are 
        those set forth in regulations promulgated by the Federal 
        agency designated by the President, after consultation with 
        such other Federal agencies as the President shall designate 
        and with State vital statistics offices, and shall--
                    ``(i) include but not be limited to--
                            ``(I) certification by the agency issuing 
                        the birth certificate; and
                            ``(II) use of safety paper, the seal of the 
                        issuing agency, and other features designed to 
                        limit tampering, counterfeiting, and 
                        photocopying, or otherwise duplicating, for 
                        fraudulent purposes;
                    ``(ii) not require a single design to which the 
                official birth certificate copies issued by each State 
                must conform; and
                    ``(iii) accommodate the differences between the 
                States in the manner and form in which birth records 
                are stored and in how birth certificate copies are 
                produced from such records.
            ``(2) Limitation on issuance.--(A) If one or more of the 
        conditions described in subparagraph (B) is present, no State 
        or local government agency may issue an official copy of a 
        birth certificate pertaining to an individual unless the copy 
        prominently notes that such individual is deceased.
            ``(B) The conditions described in this subparagraph 
        include--
                    ``(i) the presence on the original birth 
                certificate of a notation that the individual is 
                deceased, or
                    ``(ii) actual knowledge by the issuing agency that 
                the individual is deceased obtained through information 
                provided by the Social Security Administration, by an 
                interstate system of birth-death matching, or 
                otherwise.
            ``(3) Grants to states.--(A)(i) The Secretary of Health and 
        Human Services, in consultation with other agencies designated 
        by the President, shall establish a fund, administered through 
        the National Center for Health Statistics, to provide grants to 
        the States to encourage them to develop the capability to match 
        birth and death records, within each State and among the 
        States, and to note the fact of death on the birth certificates 
        of deceased persons. In developing the capability described in 
        the preceding sentence, States shall focus first on persons who 
        were born after 1950.
            ``(ii) Such grants shall be provided in proportion to 
        population and in an amount needed to provide a substantial 
        incentive for the States to develop such capability.
            ``(B) The Secretary of Health and Human Services shall 
        establish a fund, administered through the National Center for 
        Health Statistics, to provide grants to the States for a 
        project in each of 5 States to demonstrate the feasibility of a 
        system by which each such State's office of vital statistics 
        would be provided, within 24 hours, sufficient information to 
        establish the fact of death of every individual dying in such 
        State.
            ``(C) There are authorized to be appropriated to the 
        Department of Health and Human Services such amounts as may be 
        necessary to provide the grants described in subparagraphs (A) 
        and (B).
            ``(4) Report.--(A) Not later than one year after the date 
        of the enactment of this Act, the Secretary of Health and Human 
        Services shall submit a report to the Congress on ways to 
        reduce the fraudulent obtaining and the fraudulent use of birth 
        certificates, including any such use to obtain a social 
        security account number or a State or Federal document related 
        to identification or immigration.
            ``(B) Not later than one year after the date of enactment 
        of this Act, the agency designated by the President in 
        paragraph (1)(B) shall submit a report setting forth, and 
        explaining, the regulations described in such paragraph.
            ``(C) There are authorized to be appropriated to the 
        Department of Health and Human Services such amounts as may be 
        necessary for the preparation of the report described in 
        subparagraph (A).
            ``(5) Certificate of birth.--As used in this section, the 
        term `birth certificate' means a certificate of birth of--
                    ``(A) a person born in the United States, or
                    ``(B) a person born abroad who is a citizen or 
                national of the United States at birth, whose birth is 
                registered in the United States.
            ``(6) Effective dates.--
                    ``(A) Except as otherwise provided in subparagraph 
                (B) and in paragraph (4), this subsection shall take 
                effect two years after the enactment of the Securing 
                America's Future through Enforcement Reform Act of 
                2002.
                    ``(B) Paragraph (1)(A) shall take effect two years 
                after the submission of the report described in 
                paragraph (4)(B).''.

SEC. 502. DRIVERS LICENSES.

    Section 656 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 is amended by inserting after subsection (a) 
the following:
    ``(b) State-Issued Drivers Licenses and Comparable Identification 
Documents.--
            ``(1) Standards for acceptance by federal agencies.--
                    ``(A) In general.--A Federal agency may not accept 
                for any identification-related purpose a driver's 
                license, or other comparable identification document, 
                issued by a State, unless the license or document 
                satisfies the following requirements:
                            ``(i) Application process.--The application 
                        process for the license or document shall 
                        include the presentation of such evidence of 
                        identity as is required by regulations 
                        promulgated by the Secretary of Transportation 
                        after consultation with the American 
                        Association of Motor Vehicle Administrators.
                            ``(ii) Social security number.--Except as 
                        provided in subparagraph (B), the license or 
                        document shall contain a social security 
                        account number that can be read visually or by 
                        electronic means.
                            ``(iii) Form.--The license or document 
                        otherwise shall be in a form consistent with 
                        requirements set forth in regulations 
                        promulgated by the Secretary of Transportation 
                        after consultation with the American 
                        Association of Motor Vehicle Administrators. 
                        The form shall contain security features 
                        designed to limit tampering, counterfeiting, 
                        photocopying, or otherwise duplicating, the 
                        license or document for fraudulent purposes and 
                        to limit use of the license or document by 
                        impostors.
                            ``(iv) Special expiration date.--If a 
                        driver's license is issued to an alien who is 
                        in lawful status but who is not an alien 
                        lawfully admitted for permanent residence, the 
                        period of validity of the license must expire 
                        on the date on which the alien's authorization 
                        to remain in the United States expires.
                    ``(B) Exception.--The requirement in subparagraph 
                (A)(ii) shall not apply with respect to a driver's 
                license or other comparable identification document 
                issued by a State, if the State--
                            ``(i) does not require the license or 
                        document to contain a social security account 
                        number; and
                            ``(ii) requires--
                                    ``(I) every applicant for a 
                                driver's license, or other comparable 
                                identification document, to submit the 
                                applicant's social security account 
                                number; and
                                    ``(II) an agency of the State to 
                                verify with the Social Security 
                                Administration that such account number 
                                is valid.
                    ``(C) Deadline.--The Secretary of Transportation 
                shall promulgate the regulations referred to in clauses 
                (i) and (iii) of subparagraph (A) not later than 1 year 
                after the date of the enactment of the Securing 
                America's Future through Enforcement Reform Act of 
                2002.
            ``(2) Grants to states.--Beginning on the date final 
        regulations are promulgated under paragraph (1), the Secretary 
        of Transportation shall make grants to States to assist them in 
        issuing driver's licenses and other comparable identification 
        documents that satisfy the requirements under such paragraph.
            ``(3) Effective dates.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, this subsection shall take effect on 
                the date of the enactment of the Securing America's 
                Future through Enforcement Reform Act of 2002.
                    ``(B) Prohibition on federal agencies.--
                Subparagraphs (A) and (B) of paragraph (1) shall take 
                effect beginning on October 1, 2006, but shall apply 
                only to licenses or documents issued to an individual 
                for the first time and to replacement or renewal 
                licenses or documents issued according to State law.''.

SEC. 503. SOCIAL SECURITY CARDS.

    (a) Improvements to Card.--
            (1) In general.--For purposes of carrying out section 274A 
        of the Immigration and Nationality Act, the Commissioner of 
        Social Security (in this section referred to as the 
        ``Commissioner'') shall make such improvements to the physical 
        design, technical specifications, and materials of the social 
        security account number card as are necessary to ensure that it 
        is a genuine official document and that it offers the best 
        possible security against counterfeiting, forgery, alteration, 
        and misuse.
            (2) Performance standards.--In making the improvements 
        required in paragraph (1), the Commissioner shall--
                    (A) make the card as secure against counterfeiting 
                as the 100 dollar Federal Reserve note, with a rate of 
                counterfeit detection comparable to the 100 dollar 
                Federal Reserve note; and
                    (B) make the card as secure against fraudulent use 
                as a United States passport.
            (3) Definition.--In this section, the term ``secured social 
        security account number card'' means a social security account 
        number card issued in accordance with the requirements of this 
        paragraph.
            (4) Effective date.--All social security account number 
        cards issued after January 1, 2005, whether new or replacement, 
        shall be secured social security account number cards.
    (b) Use for Employment Verification.--Beginning on January 1, 2009, 
a document described in section 274A(b)(1)(C) of the Immigration and 
Nationality Act is a secured social security account number card (other 
than such a card which specifies on the face that the issuance of the 
card does not authorize employment in the United States).
    (c) Not a National Identification Card.--Cards issued pursuant to 
this section shall not be required to be carried upon one's person, and 
nothing in this section shall be construed as authorizing the 
establishment of a national identification card.
    (d) Education Campaign.--The Commissioner of Immigration and 
Naturalization, in consultation with the Commissioner of Social 
Security, shall conduct a comprehensive campaign to educate employers 
about the security features of the secured social security card and how 
to detect counterfeit or fraudulently used social security account 
number cards.
    (e) Annual Reports.--The Commissioner of Social Security shall 
submit to Congress by July 1 of each year a report on--
            (1) the progress and status of developing a secured social 
        security account number card under this section;
            (2) the incidence of counterfeit production and fraudulent 
        use of social security account number cards; and
            (3) the steps being taken to detect and prevent such 
        counterfeiting and fraud.
    (f) GAO Annual Audits.--The Comptroller General shall perform an 
annual audit, the results of which are to be presented to the Congress 
by January 1 of each of the 5 years following the date of the enactment 
of the Securing America's Future through Enforcement Reform Act of 
2002, on the performance of the Social Security Administration in 
meeting the requirements in paragraph (1).
    (g) Expenses.--No costs incurred in developing and issuing cards 
under this section that are above the costs that would have been 
incurred for cards issued in the absence of this section shall be paid 
for out of any trust fund established under the Social Security Act. 
There are authorized to be appropriated such sums as may be necessary 
to carry out this section.

            Subtitle B--Employment Eligibility Verification

SEC. 511. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

    Section 274A(b) (8 U.S.C. 1324a(b)) is amended by adding at the end 
the following:
            ``(7) Employment eligibility verification system.--
                    ``(A) In general.--The Attorney General shall 
                establish a verification system through which the 
                Attorney General (or a designee of the Attorney 
                General, which may be a nongovernmental entity)--
                            ``(i) responds to inquiries made by persons 
                        at any time through a toll-free telephone line 
                        or other toll-free electronic media concerning 
                        an individual's identity and whether the 
                        individual is authorized to be employed; and
                            ``(ii) maintains records of the inquiries 
                        that were made, of verifications provided (or 
                        not provided), and of the codes provided to 
                        inquirers as evidence of their compliance with 
                        their obligations under this section.
                To the extent practicable, the Attorney General shall 
                seek to establish such a system using one or more 
                nongovernmental entities.
                    ``(B) Initial response.--The verification system 
                shall provide verification or a tentative 
                nonverification of an individual's identity and 
                employment eligibility within 3 working days of the 
                initial inquiry. If providing verification or tentative 
                nonverification, the verification system shall provide 
                an appropriate code indicating such verification or 
                such nonverification.
                    ``(C) Secondary verification process in case of 
                tentative nonverification.--In cases of tentative 
                nonverification, the Attorney General shall specify, in 
                consultation with the Commissioner of Social Security 
                and the Commissioner of the Immigration and 
                Naturalization Service, an available secondary 
                verification process to confirm the validity of 
                information provided and to provide a final 
                verification or nonverification within 10 working days 
                after the date of the tentative nonverification. When 
                final verification or nonverification is provided, the 
                verification system shall provide an appropriate code 
                indicating such verification or nonverification.
                    ``(D) Design and operation of system.--The 
                verification system shall be designed and operated--
                            (i) to maximize its reliability and ease of 
                        use by persons and other entities consistent 
                        with insulating and protecting the privacy and 
                        security of the underlying information;
                            (ii) to respond to all inquiries made by 
                        such persons and entities on whether 
                        individuals are authorized to be employed and 
                        to register all times when such inquiries are 
                        not received;
                            (iii) with appropriate administrative, 
                        technical, and physical safeguards to prevent 
                        unauthorized disclosure of personal 
                        information; and
                            (iv) to have reasonable safeguards against 
                        the system's resulting in unlawful 
                        discriminatory practices based on national 
                        origin or citizenship status, including--
                                    (I) the selective or unauthorized 
                                use of the system to verify 
                                eligibility;
                                    (II) the use of the system prior to 
                                an offer of employment; or
                                    (III) the exclusion of certain 
                                individuals from consideration for 
                                employment as a result of a perceived 
                                likelihood that additional verification 
                                will be required, beyond what is 
                                required for most job applicants.
                    ``(E) Responsibilities of the commissioner of 
                social security.--As part of the verification system, 
                the Commissioner of Social Security, in consultation 
                with the entity responsible for administration of the 
                system, shall establish a reliable, secure method, 
                which, within the time periods specified under 
                subparagraphs (B) and (C), compares the name and social 
                security account number provided in an inquiry against 
                such information maintained by the Commissioner in 
                order to validate (or not validate) the information 
                provided regarding an individual whose identity and 
                employment eligibility must be confirmed, the 
                correspondence of the name and number, and whether the 
                individual has presented a social security account 
                number that is not valid for employment. The 
                Commissioner shall not disclose or release social 
                security information (other than such verification or 
                nonverification).
                    ``(F) Responsibilities of the commissioner of 
                immigration and naturalization.--As part of the 
                verification system, the Commissioner of Immigration 
                and Naturalization, in consultation with the entity 
                responsible for administration of the system, shall 
                establish a reliable, secure method, which, within the 
                time periods specified under subparagraphs (B) and (C), 
                compares the name and alien identification or 
                authorization number which are provided in an inquiry 
                against such information maintained by the Commissioner 
                in order to validate (or not validate) the information 
                provided, the correspondence of the name and number, 
                and whether the alien is authorized to be employed in 
                the United States.
                    ``(G) Updating information.--The Commissioners of 
                Social Security and Immigration and Naturalization 
                shall update their information in a manner that 
                promotes the maximum accuracy and shall provide a 
                process for the prompt correction of erroneous 
                information, including instances in which it is brought 
                to their attention in the secondary verification 
                process described in subparagraph (C).
                    ``(H) Limitation on use of the verification system 
                and any related systems.--
                            (i) In general.--Notwithstanding any other 
                        provision of law, nothing in this paragraph 
                        shall be construed to permit or allow any 
                        department, bureau, or other agency of the 
                        United States Government to utilize any 
                        information, data base, or other records 
                        assembled under this paragraph for any other 
                        purpose other than as provided for.
                            (ii) No national identification card.--
                        Nothing in this paragraph shall be construed to 
                        authorize, directly or indirectly, the issuance 
                        or use of national identification cards or the 
                        establishment of a national identification 
                        card.
                    (I) Federal tort claims act.--If an individual 
                alleges that the individual would not have been 
                dismissed from a job but for an error of the 
                verification mechanism, the individual  may seek 
compensation only through the mechanism of the Federal Tort Claims Act, 
and injunctive relief to correct such error. No class action may be 
brought under this subparagraph.
                    (J) Protection from liability for actions taken on 
                the basis of information.--No person or entity shall be 
                civilly or criminally liable for any action taken in 
                good faith reliance on information provided through the 
                employment eligibility verification mechanism 
                established under this paragraph.''.

SEC. 512. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

    Section 274A (8 U.S.C. 1324a) is amended--
            (1) in subsection (a)(3), by inserting ``(A)'' after 
        ``Defense.--'', and by adding at the end the following:
            ``(B) Failure to seek and obtain verification.--In the case 
        of a hiring of an individual for employment in the United 
        States by a person or entity, the following requirements apply:
                    ``(i) Failure to seek verification.--
                            ``(I) In general.--If the person or entity 
                        has not made an inquiry, under the mechanism 
                        established under subsection (b)(7), seeking 
                        verification of the identity, social security 
                        number, and work eligibility of the individual, 
                        by not later than the end of 3 working days (as 
                        specified by the Attorney General) after the 
                        date of the hiring, the defense under 
                        subparagraph (A) shall not be considered to 
                        apply with respect to any employment after such 
                        3 working days, except as provided in subclause 
                        (II).
                            ``(II) Special rule for failure of 
                        verification mechanism.--If such a person or 
                        entity in good faith attempts to make an 
                        inquiry during such 3 working days in order to 
                        qualify for the defense under subparagraph (A) 
                        and the verification mechanism has registered 
                        that not all inquiries were responded to during 
                        such time, the person or entity can make an 
                        inquiry until the end of the first subsequent 
                        working day in which the verification mechanism 
                        registers no nonresponses and qualify for such 
                        defense.
                    ``(ii) Failure to obtain verification.--If the 
                person or entity has made the inquiry described in 
                clause (i)(I) but has not received an appropriate 
                verification of such identity, number, and work 
                eligibility under such mechanism within the time period 
                specified under subsection (b)(7)(B) after the time the 
                verification inquiry was received, the defense under 
                subparagraph (A) shall not be considered to apply with 
                respect to any employment after the end of such time 
                period.'';
            (2) by amending subsection (b)(1)(A) to read as follows:
                    ``(A) In general.--The person or entity must 
                attest, under penalty of perjury and on a form 
                designated or established by the Attorney General by 
                regulation, that it has verified that the individual is 
                not an unauthorized alien by--
                            ``(i) obtaining from the individual the 
                        individual's social security account number and 
                        recording the number on the form (if the 
                        individual claims to have been issued such a 
                        number), and, if the individual does not attest 
                        to United States citizenship under paragraph 
                        (2), obtaining such identification or 
                        authorization number established by the 
                        Immigration and Naturalization Service for the 
                        alien as the Attorney General may specify, and 
                        recording such number on the form; and
                            ``(ii)(I) examining a document described in 
                        subparagraph (B); or (II) examining a document 
                        described in subparagraph (C) and a document 
                        described in subparagraph (D).
                A person or entity has complied with the requirement of 
                this paragraph with respect to examination of a 
                document if the document reasonably appears on its face 
                to be genuine, reasonably appears to pertain to the 
                individual whose identity and work eligibility is being 
                verified, and, if the document bears an expiration 
                date, that expiration date has not elapsed. If an 
                individual provides a document (or combination of 
                documents) that reasonably appears on its face to be 
                genuine, reasonably appears to pertain to the 
                individual whose identity and work eligibility is being 
                verified, and is sufficient to meet the first sentence 
                of this paragraph, nothing in this paragraph shall be 
                construed as requiring the person or entity to solicit 
                the production of any other document or as requiring 
                the individual to produce another document.'';
            (3) in subsection (b)(1)(D)--
                    (A) in clause (i), by striking ``or such other 
                personal identification information relating to the 
                individual as the Attorney General finds, by 
                regulation, sufficient for purposes of this section''; 
                and
                    (B) in clause (ii), by inserting before the period 
                ``and that contains a photograph of the individual'';
            (4) in subsection (b)(2), by adding at the end the 
        following: ``The individual must also provide that individual's 
        social security account number (if the individual claims to 
        have been issued such a number), and, if the individual does 
        not attest to United States citizenship under this paragraph, 
        such identification or authorization number established by the 
        Immigration and Naturalization Service for the alien as the 
        Attorney General may specify.'';
            (5) by amending subsection (b)(3) to read as follows:
            ``(3) Retention of verification form and verification.--
                    ``(A) In general.--After completion of such form in 
                accordance with paragraphs (1) and (2), the person or 
                entity must--
                            ``(i) retain the form and make it available 
                        for inspection by officers of the Service, the 
                        Special Counsel for Immigration-Related Unfair 
                        Employment Practices, or the Department of 
                        Labor during a period beginning on the date of 
                        the hiring, recruiting, or referral of the 
                        individual and ending--
                                    ``(I) in the case of the recruiting 
                                or referral for a fee (without hiring) 
                                of an individual, three years after the 
                                date of the recruiting or referral; and
                                    ``(II) in the case of the hiring of 
                                an individual, the later of--
                                            ``(aa) three years after 
                                        the date of such hiring; or
                                            ``(bb) one year after the 
                                        date the individual's 
                                        employment is terminated; and
                            ``(B) make an inquiry, as provided in 
                        paragraph (7), using the verification system to 
                        seek verification of the identity and  
employment eligibility of an individual, by not later than the end of 3 
working days (as specified by the Attorney General) after the date of 
the hiring (or recruitment or referral, as the case may be).
                    ``(B) Verification.--
                            ``(i) Verification received.--If the person 
                        or other entity receives an appropriate 
                        verification of an individual's identity and 
                        work eligibility under the verification system 
                        within the time period specified, the person or 
                        entity shall record on the form an appropriate 
                        code that is provided under the system and that 
                        indicates a final verification of such identity 
                        and work eligibility of the individual.
                            ``(ii) Tentative nonverification 
                        received.--If the person or other entity 
                        receives a tentative nonverification of an 
                        individual's identity or work eligibility under 
                        the verification system within the time period 
                        specified, the person or entity shall so inform 
                        the individual for whom the verification is 
                        sought. If the individual does not contest the 
                        nonverification within the time period 
                        specified, the nonverification shall be 
                        considered final. The person or entity shall 
                        then record on the form an appropriate code 
                        which has been provided under the system to 
                        indicate a tentative nonverification. If the 
                        individual does contest the nonverification, 
                        the individual shall utilize the process for 
                        secondary verification provided under paragraph 
                        (7). The nonverification will remain tentative 
                        until a final verification or nonverification 
                        is provided by the verification system within 
                        the time period specified. In no case shall an 
                        employer terminate employment of an individual 
                        because of a failure of the individual to have 
                        identity and work eligibility confirmed under 
                        this section until a nonverification becomes 
                        final. Nothing in this clause shall apply to a 
                        termination of employment for any reason other 
                        than because of such a failure.
                            ``(iii) Final verification or 
                        nonverification received.--If a final 
                        verification or nonverification is provided by 
                        the verification system regarding an 
                        individual, the person or entity shall record 
                        on the form an appropriate code that is 
                        provided under the system and that indicates a 
                        verification or nonverification of identity and 
                        work eligibility of the individual.
                            ``(iv) Extension of time.--If the person or 
                        other entity in good faith attempts to make an 
                        inquiry during such 3 working days and the 
                        verification system has registered that not all 
                        inquiries were received during such time, the 
                        person or entity may make an inquiry in the 
                        first subsequent working day in which the 
                        verification system registers that it has 
                        received all inquiries. If the verification 
                        system cannot receive inquiries at all times 
                        during a day, the person or entity merely has 
                        to assert that the entity attempted to make the 
                        inquiry on that day for the previous sentence 
                        to apply to such an inquiry, and does not have 
                        to provide any additional proof concerning such 
                        inquiry.
                            ``(v) Consequences of nonverification.--
                                    ``(I) Termination or notification 
                                of continued employment.--If the person 
                                or other entity has received a final 
                                nonverification regarding an 
                                individual, the person or entity may 
                                terminate employment (or recruitment or 
                                referral) of the individual. If the 
                                person or entity does not terminate 
                                employment (or recruitment or referral) 
                                of the individual, the person or entity 
                                shall notify the Attorney General of 
                                such fact through the verification 
                                system or in such other manner as the 
                                Attorney General may specify.
                                    ``(II) Failure to notify.--If the 
                                person or entity fails to provide 
                                notice with respect to an individual as 
                                required under subclause (I), the 
                                failure is deemed to constitute a 
                                violation of subsection (a)(1)(B) with 
                                respect to that individual and the 
                                applicable civil monetary penalty under 
                                subsection (e)(5) shall be 
                                (notwithstanding the amounts specified 
                                in such section) not less than $1,000 
                                and not more than $20,000 for each 
                                individual with respect to whom such 
                                violation occurred.
                            ``(vi) Continued employment after final 
                        nonverification.--If the person or other entity 
                        continues to employ (or to recruit or refer) an 
                        individual after receiving final 
                        nonverification, a rebuttable presumption is 
                        created that the person or entity has violated 
                        subsection (a)(1)(A). The previous sentence 
                        shall not apply in any prosecution under 
                        subsection (f)(1).''.

SEC. 513. EFFECTIVE DATE.

    This subtitle shall take effect 2 years after the date of the 
enactment of this Act.

                       Subtitle C--Miscellaneous

SEC. 521. INCREASED INVESTIGATIVE PERSONNEL.

    (a) Bringing In and Harboring Certain Aliens; Unlawful Employment 
of Aliens.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated such funds as may be necessary to enable the 
        Commissioner of Immigration and Naturalization to increase, 
        above the number specified in section 101(a)(2) of the Enhanced 
        Border Security and Visa Entry Reform Act of 2002 (Public Law 
        107-173), the number of investigators and support personnel to 
        investigate potential violations of sections 274 and 274A of 
        the Immigration and Nationality Act (8 U.S.C. 1324 and 1324a), 
        other than alien smuggling, by a number equivalent to--
                    (A) 250 full-time active-duty investigators in each 
                of fiscal years 2003 through 2006; and
                    (B) 100 full-time active-duty investigators in each 
                of fiscal years 2007 through 2010.
            (2) Allocation.--At least one-half of the investigators 
        hired with funds made available under paragraph (1) shall be 
        assigned to investigate potential violations of section 274A of 
        the Immigration and Nationality Act.
    (b) Visa Overstays.--There are authorized to be appropriated such 
funds as may be necessary to enable the Commissioner of Immigration and 
Naturalization to increase, above the number specified in section 
101(a)(2) of the Enhanced Border Security and Visa Entry Reform Act of 
2002 (Public Law 107-173), the number of investigator and support 
personnel to investigate aliens who remain in the United States beyond 
the period of stay authorized under their visa by a number equivalent 
to--
            (1) 250 full-time active-duty investigators in each of 
        fiscal years 2003 through 2006; and
            (2) 100 full-time active-duty investigators in each of 
        fiscal years 2007 through 2010.

SEC. 522. EXPEDITED EXCLUSION.

    Section 235(b)(1)(A) (8 U.S.C. 1225(b)(1)(A)) is amended by 
striking clauses (i) through (iii) and inserting the following:
                            ``(i) In general.--If an immigration 
                        officer determines that an alien (other than an 
                        alien described in subparagraph (F)) who is 
                        arriving in the United States, or who has not 
                        been admitted or paroled into the United States 
                        and has not been physically present in the 
                        United States continuously for the 5-year 
                        period immediately prior to the date of the 
                        determination of inadmissibility under this 
                        paragraph, is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), the officer shall 
                        order the alien removed from the United States 
                        without further hearing or review, unless--
                                    ``(I) the alien has been charged 
                                with a crime; or
                                    ``(II) the alien indicates an 
                                intention to apply for asylum under 
                                section 208 or a fear of persecution 
                                and the officer determines that the 
                                alien has been physically present in 
                                the United States for less than 1 year.
                            ``(ii) Claims for asylum.--If an 
                        immigration officer determines that an alien 
                        (other than an alien described in subparagraph 
                        (F)) who is arriving in the United States, or 
                        who has not been admitted or paroled into the 
                        United States and has not been physically 
                        present in the United States continuously for 
                        the 5-year period immediately prior to the date 
                        of the determination of inadmissibility under 
                        this paragraph, is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), and the alien 
                        indicates either an intention to apply for 
                        asylum under section 208 or a fear of 
                        persecution, the officer shall refer the alien 
                        for an interview by an asylum officer under 
                        subparagraph (B) if the officer determines that 
                        the alien has been physically present in the 
                        United States for less than 1 year.''.

SEC. 523. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS.

    (a) Ineligibility for Adjustment of Status.--Section 245(c) (8 
U.S.C. 1255(c)) is amended by striking ``(other than an immediate 
relative as defined in section 201(b) or a special immigrant described 
in section 101(a)(27)(H), (I), (J), or (K))''.
    (b) Inapplicability of Certain Provisions for Certain Immigrants.--
Section 245(k) (8 U.S.C. 1255(k)) is amended to read as follows:
    ``(k) Inapplicability of Certain Provisions for Certain 
Immigrants.--An alien who is eligible to receive an immigrant visa 
under paragraph (1), (2), or (3) of section 203(b), as an immediate 
relative as defined in section 201(b), or, in the case of an alien who 
is an immigrant described in subparagraph (C), (H), (I), (J), or (K) of 
section 101(a)(27), under section 203(b)(4), may adjust status pursuant 
to subsection (a) and notwithstanding paragraphs (2), (7), and (8) of 
subsection (c), if--
            ``(1) the alien, on the date of filing an application for 
        adjustment of status, is present in the United States pursuant 
        to a lawful admission; and
            ``(2) the alien, subsequent to such lawful admission has 
        not, for an aggregate period exceeding 180 days--
                    ``(A) failed to maintain continuously a lawful 
                status;
                    ``(B) engaged in unauthorized employment; or
                    ``(C) otherwise violated the terms and conditions 
                of the alien's admission.''.

SEC. 524. TERMINATION OF CONTINUOUS PRESENCE FOR PURPOSES OF 
              CANCELLATION OF REMOVAL UPON COMMISSION OF OFFENSE 
              RENDERING ALIEN INADMISSIBLE OR DEPORTABLE.

    (a) In General.--Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is 
amended by striking ``referred to in section 212(a)(2)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to aliens who are in proceedings under the Immigration and 
Nationality Act on or after the date of the enactment of this Act if 
those proceedings have not resulted in a final administrative order 
before such date.

SEC. 525. REENTRY OF REMOVED ALIENS.

    (a) In General.--Section 276(a) (8 U.S.C. 1326(a)) is amended to 
read as follows:
    ``Sec. 276. (a) Subject to subsection (b), any alien shall be fined 
under title 18, United States Code, or imprisoned not more than 2 
years, or both, who--
            ``(1) has been denied admission, excluded, deported, or 
        removed or has departed the United States while an order of 
        exclusion, deportation, or removal is outstanding; and
            ``(2) thereafter enters, attempts to enter, or is at any 
        time found in, the United States,
unless, in the case of an alien previously denied admission and 
removed, the alien establishes that the alien was not required to 
obtain from the Attorney General advance consent to reapply for 
admission under this Act or any prior Act.''.
    (b) Criminal Penalties for Reentry of Certain Removed Aliens.--
Section 276(b) (8 U.S.C. 1326(b)) is amended--
            (1) in paragraph (3), by striking ``sentence.'' and 
        inserting ``sentence;''; and
            (2) in paragraph (4), by striking ``(unless the Attorney 
        General has expressly consented to such alien's reentry)''.
    (c) Reentry of Aliens Removed Prior to Completion of 
Imprisonment.--Section 276(c) (8 U.S.C. 1326(c)) is amended--
            (1) by inserting ``(as in effect prior to the effective 
        date of the amendments made by section 305 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996), 
        or removed under section 241(a)(4),'' after ``242(h)(2)'';
            (2) by striking ``(unless the Attorney General has 
        expressly consented to such alien's reentry)'';
            (3) by inserting ``or removal'' after ``time of 
        deportation''; and
            (4) by inserting ``or removed'' after ``reentry of 
        deported''.
    (d) Challenge to Validity of Order.--Section 276(d) (8 U.S.C. 
1326(d)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``deportation order'' and inserting ``deportation or removal 
        order''; and
            (2) in paragraph (2), by inserting ``or removal'' after 
        ``deportation''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
criminal proceedings involving aliens who enter, attempt to enter, or 
are found in the United States, after such date.

SEC. 526. CRIMINAL AND CIVIL PENALTIES FOR ENTRY OF ALIENS AT IMPROPER 
              TIME OR PLACE, AVOIDANCE OF EXAMINATION OR INSPECTION, 
              UNLAWFUL PRESENCE, AND MISREPRESENTATION OR CONCEALMENT 
              OF FACTS.

    Section 275 (8 U.S.C. 1325) is amended to read as follows:

``criminal and civil penalties for entry of aliens at improper time or 
 place, avoidance of examination or inspection, unlawful presence, and 
               misrepresentation or concealment of facts

    ``Sec. 275. (a) Entry at Improper Time or Place; Avoidance of 
Examination or Inspection; Unlawful Presence; Misrepresentation or 
Concealment of Facts.--Any alien who--
            ``(1) enters or attempts to enter the United States at any 
        time or place other than as designated by immigration officers;
            ``(2) eludes examination or inspection by immigration 
        officers;
            ``(3) is knowingly unlawfully present in the United States 
        for an aggregate period of more than 180 days; or
            ``(4) attempts to enter or obtains entry to the United 
        States by a willfully false or misleading representation or the 
        willful concealment of a material fact,
shall, for the first commission of any such offense, be fined under 
title 18, United States Code, or imprisoned not more than 2 years, or 
both, and, for a subsequent commission of any such offense, be fined 
under title 18, United States Code, or imprisoned not more than 10 
years, or both.
    ``(b) Improper Time or Place; Civil Penalties.--Any alien who is 
apprehended while entering (or attempting to enter) the United States 
at a time or place other than as designated by immigration officers 
shall be subject to a civil penalty of--
            ``(1) at least $100 and not more than $10,000 for each such 
        entry (or attempted entry); or
            ``(2) three times the amount specified in paragraph (1) in 
        the case of an alien who has been previously subject to a civil 
        penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in 
lieu of, any criminal or other civil penalties that may be imposed.
    ``(c) Marriage Fraud.--An individual who knowingly enters into a 
marriage for the purpose of evading any provision of the immigration 
laws shall be fined not more than $1,000,000, imprisoned not more than 
15 years, or both.
    ``(d) Immigration-Related Entrepreneurship Fraud.--Any individual 
who knowingly established a commercial enterprise for the purpose of 
evading any provision of the immigration laws shall be fined under 
title 18, United States Code, or imprisoned not more than 15 years, or 
both.''.

SEC. 527. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE IMMIGRATION 
              AND NATURALIZATION SERVICE.

    Section 642 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1373) is amended by adding at the 
end the following:
    ``(d) Enforcement.--
            ``(1) Ineligibility for federal law enforcement aid.--Upon 
        a determination that any person, or any Federal, State, or 
        local government agency or entity, is in violation of 
        subsection (a) or (b), the Attorney General shall not provide 
        to that person, agency, or entity any grant amount pursuant to 
        any law enforcement grant program carried out by any element of 
        the Department of Justice, including the program under section 
        241(i) of the Immigration and Nationality Act (8 U.S.C. 
        241(i)), and shall ensure that no such grant amounts are 
        provided, directly or indirectly, to such person, agency, or 
        entity. In the case of grant amounts that otherwise would be 
        provided to such person, agency, or entity pursuant to a 
        formula, such amounts shall be reallocated among eligible 
        recipients.
            ``(2) Violations by government officials.--In any case in 
        which a Federal, State, or local government official is in 
        violation of subsection (a) or (b), the government agency or 
        entity that employs (or, at the time of the violation, 
        employed) the official shall be subject to the sanction under 
        paragraph (1).
            ``(3) Duration.--The sanction under paragraph (1) shall 
        remain in effect until the Attorney General determines that the 
        person, agency, or entity has ceased violating subsections (a) 
        and (b).''.

SEC. 528. EXCEPTION TO REMOVAL FOR CERTAIN ALIENS.

    (a)(1) Section 214(o) (8 U.S.C. 1184(o)) (as redesignated by 
section 204 of this Act) is amended by adding at the end the following 
new paragraph:
    ``(4) No alien shall be eligible for admission to the United States 
under section 101(a)(15)(T) if there is a substantial reason to believe 
that the alien voluntarily came to the United States, except that if 
the alien is or has been a victim of a severe form of trafficking in 
the form of sex trafficking, the alien shall be eligible for admission 
under such section unless the alien knew or reasonably should have 
known when coming to the United States that the alien would be expected 
to perform commercial sex acts.''.
    (2) Section 245(l) (8 U.S.C. 1255(l)), as added by section 107(f) 
of Public Law 106-386, is amended--
            (A) in paragraph (1)(C)(i), by striking ``or'' at the end 
        and inserting ``and'';
            (B) by redesignating--
                    (i) paragraphs (3) and (4) as paragraphs (4) and 
                (5), respectively; and
                    (ii) the second paragraph (2) as paragraph (3);
            (C) in paragraph (2)(B), by striking ``(3), (10)(C), and 
        (10(E)), if the activities rendering the alien inadmissible 
        under the provision were caused by, or were incident to,'' and 
        inserting ``(2), (3), (8), (9)(A), (10)(C), (10)(D), and 
        (10)(E)), if the activities rendering the alien inadmissible 
        under the provision were caused by''; and
            (D) by amending paragraph (5) (as so redesignated) to read 
        as follows:
    ``(5) Upon the approval of adjustment of status under paragraph 
(1), the Attorney General shall record the alien's lawful admission for 
permanent residence as of the date of such approval and the Secretary 
of State shall reduce by one the number of visas authorized to be 
issued under sections 201(d) and 203(b)(4) for the fiscal year then 
current, unless the number of remaining visas authorized to be issued 
under section 203(b)(4) for such year is zero, in which case such 
reductions shall not be made.''.
    (b)(1) Section 101(a)(15)(U)(iii) (8 U.S.C. 1101(a)(15)(U)(iii)) is 
amended to read as follows:
            ``(iii) the criminal activity referred to in this clause is 
        that involving 1 or more of the following or any similar 
        activity in violation of Federal, State, or local criminal law: 
        rape; incest; domestic violence, sexual assault; abusive sexual 
        contact; sexual exploitation; female genital mutilation; or 
        attempt or conspiracy to commit any of the above mentioned 
        crimes; or''.
    (2) Section 204(a)(1)(C) (8 U.S.C. 1154(a)(1)(C)) is amended by 
inserting ``directly'' before ``connected''.
    (3) Section 214(p)(1) (8 U.S.C. 1184(p)(1)) (as redesignated by 
section 204 of this Act) is amended by striking ``This certification 
may also be provided by an official of the Service whose ability to 
provide such certification is not limited to information concerning 
immigration violations.''.
    (4) Section 237(a)(1)(H) (8 U.S.C. 1227(a)(1)(H)) is amended--
            (A) by striking clause (ii);
            (B) in clause (i), by striking ``(I)''; and
            (C) by redesignating subclause (II) as clause (ii).
    (5) Section 240A (8 U.S.C. 1229b) is amended--
            (A) in subsection (b)(2)(A)(ii), by striking ``, and the 
        issuance of a charging document for removal proceedings shall 
        not toll the 3-year period of continuous physical presence in 
        the United States'';
            (B) by amending subsection (b)(2)(A)(iv) to read as 
        follows:
                            ``(iv) the alien is not inadmissible under 
                        paragraph (2), (3), (8), (9)(A), (10)(C), 
                        (10)(D), or (10)(E) of section 212(a), is not 
                        deportable under paragraph (1)(E), (1)(G), or 
                        (2) through (4) of section 237(a) (except in a 
                        case described in section 237(a)(7) where the 
                        Attorney General exercises discretion to grant 
                        a waiver), and has not been convicted of an 
                        aggravated felony; and''; and
            (C) in subsection (b)(2)(B)--
                    (i) by inserting ``direct'' before ``connection 
                between the absence'';
                    (ii) by inserting ``directly'' before ``connected 
                to the battering or extreme''; and
                    (iii) in the third sentence, by inserting ``battery 
                or cruelty-related'' before ``absences or portions of 
                the absences'';
                    (iv) in subsection (b)(2)(C), by inserting 
                ``directly'' before ``connected'';
                    (v) in subsection (b)(4)(A), by striking ``shall'' 
                and inserting ``may''; and
                    (vi) in subsection (d)(1), by striking ``except in 
                the case of an alien who applies for cancellation of 
                removal under subsection (b)(2),''.
    (6) Section 245 (8 U.S.C. 1255) is amended by redesignating the 
subsection (l) that was added by section 1513(f) of Public Law 106-386 
as subsection (m) and in such redesignated subsection--
            (A) in paragraph (1)--
                    (i) in the matter preceding subparagraph (A), by 
                striking ``section 212(a)(3)(E), unless the Attorney 
                General determines based on affirmative evidence'' and 
                inserting ``(2), (3), (8), (9)(A), (10)(C), (10)(D), or 
                (10)(E) of section 212(a), unless the Attorney General 
                determines'';
                    (ii) by striking ``and'' at the end of subparagraph 
                (A);
                    (iii) by striking subparagraph (B) and inserting 
                the following:
            ``(B) the alien has, throughout such period, been a person 
        of good moral character; and
            ``(C) in the opinion of the Attorney General, the alien or 
        the alien's spouse, parent, or child, who is a citizen of the 
        United States or an alien lawfully admitted for permanent 
        residence, would suffer extreme hardship.'';
            (B) in paragraph (2), by striking ``or unless an official 
        involved in the investigation or prosecution certifies that the 
        absence was otherwise justified''; and
            (C) by amending paragraph (4) to read as follows:
    ``(4) Upon the approval of adjustment of status under paragraph (1) 
or (3), the Attorney General shall record the alien's lawful admission 
for permanent residence as of the date of such approval and the 
Secretary of State shall reduce by one the number of visas authorized 
to be issued under sections 201(d) and 203(b)(4) for the fiscal year 
then current, unless the number of remaining visas authorized to be 
issued under section 203(b)(4) for such year is zero, in which case 
such reductions shall not be made.''.

SEC. 529. DETENTION FACILITIES.

    (a) Increasing Number of Detention Beds.--Subject to the 
availability of appropriations, the Attorney General shall provide for 
a doubling in the detention beds of the Immigration and Naturalization 
Service over the number existing on the date of the enactment of this 
Act by the end of fiscal year 2004.
    (b) Places of Detention for Aliens Arrested Pending Examination and 
Decision on Removal.--Section 241(g) (8 U.S.C. 1231(g)) is amended by 
adding at the end the following:
            ``(3) Policy on detention in state and local detention 
        facilities.--In carrying out paragraph (1), the Attorney 
        General shall ensure that an alien arrested under section 
        287(a) may be detained, pending the alien's being taken for the 
        examination described in such section, in a State or local 
        prison, jail, detention center, or other comparable facility, 
        if--
                    ``(A) such facility is the most suitably located 
                Federal, State, or local facility available for such 
                purpose under the circumstances;
                    ``(B) an appropriate arrangement for such use of 
                the facility can be made; and
                    ``(C) such facility satisfies the standards for the 
                housing, care, and security of persons held in custody 
                of a United States marshal.''.

SEC. 530. VOLUNTARY DEPARTURE.

    (a) In General.--Section 240B (8 U.S.C. 1229c) is amended to read 
as follows:

                         ``voluntary departure

    ``Sec. 240B. (a) In Lieu of Proceedings.--The Attorney General may 
permit an alien voluntarily to depart the United States at the alien's 
own expense under this subsection, in lieu of being subject to 
proceedings under section 240 and in lieu of applying for another form 
of relief from removal, if the alien is not deportable under paragraph 
(2)(A)(iii) or (4)(B) of section 237(a). Permission to depart 
voluntarily under this subsection shall not be valid for a period 
exceeding 90 days and cannot be extended. The Attorney General shall 
require an alien permitted to depart voluntarily under this subsection 
to post a voluntary departure bond, in an amount necessary to ensure 
that the alien will depart, to be surrendered upon proof that the alien 
has departed the United States within the time specified.
    ``(b) Prior to Scheduling Merits Hearing.--The Attorney General may 
permit an alien voluntarily to depart the United States at the alien's 
own expense under this subsection prior to the scheduling of the first 
merits hearing, in lieu of applying for another form of relief from 
removal, if the alien is not deportable under paragraph (2)(A)(iii) or 
(4)(B) of section 237(a). Permission to depart voluntarily under this 
subsection shall not be valid for a period exceeding 60 days and cannot 
be extended. The Attorney General shall require an alien permitted to 
depart voluntarily under this subsection to post a voluntary departure 
bond, in an amount necessary to ensure that the alien will depart, to 
be surrendered upon proof that the alien has departed the United States 
within the time specified.
    ``(c) Once First Merits Hearing Scheduled.--
            ``(1) In general.--Once the first merits hearing has been 
        scheduled under section 240, the Attorney General may permit an 
        alien voluntarily to depart the United States at the alien's 
        own expense under this subsection, in lieu of pursuing another 
        form of relief from removal, if the immigration judge enters an 
        order granting voluntary departure in lieu of removal and finds 
        that--
                    ``(A) the alien has been physically present in the 
                United States for a period of at least one year 
                immediately preceding the date the notice to appear was 
                served under section 239(a);
                    ``(B) the alien is, and has been, a person of good 
                moral character for at least 5 years immediately 
                preceding the alien's application for voluntary 
                departure;
                    ``(C) the alien is not deportable under paragraph 
                (2)(A)(iii) or (4)(B) of section 237(a); and
                    ``(D) the alien has established by clear and 
                convincing evidence that the alien has the means to 
                depart the United States and intends to do so.
            ``(2) Period.--Permission to depart voluntarily under this 
        subsection shall not be valid for a period exceeding 30 days 
        and cannot be extended.
            ``(3) Bond.--The Attorney General shall require an alien 
        permitted to depart voluntarily under this subsection to post a 
        voluntary departure bond, in an amount necessary to ensure that 
        the alien will depart, to be surrendered upon proof that the 
        alien has departed the United States within the time specified.
    ``(d) Aliens Not Eligible.--The Attorney General shall not permit 
an alien to depart voluntarily under this section if the alien was 
previously permitted to depart voluntarily under section 244(e) or this 
section, or to voluntarily return, at any time.
    ``(e) Three-Year Pilot Program Waiver.--
            ``(1) In general.--During the period October 1, 2000, 
        through September 30, 2003, and subject to paragraphs (2) and 
        (3)(B), the Attorney General may, in the discretion of the 
        Attorney General for humanitarian purposes, waive the time 
        limitations applicable under subsection (a), (b), or (c) in the 
        case of an alien--
                    ``(A) who was admitted to the United States as a 
                nonimmigrant visitor (described in section 
                101(a)(15)(B)) under the provisions of the visa waiver 
                program established pursuant to section 217, seeks the 
                waiver for the purpose of continuing to receive medical 
                treatment in the United States from a physician 
                associated with a health care facility, and submits to 
                the Attorney General--
                            ``(i) a detailed diagnosis statement from 
                        the physician, which includes the treatment 
                        being sought and the expected time period the 
                        alien will be required to remain in the United 
                        States;
                            ``(ii) a statement from the health care 
                        facility containing an assurance that the 
                        alien's treatment is not being paid through any 
                        Federal or State public health assistance, that 
                        the alien's account has no outstanding balance, 
                        and that such facility will notify the Service 
                        when the alien is released or treatment is 
                        terminated; and
                            ``(iii) evidence of financial ability to 
                        support the alien's day-to-day expenses while 
                        in the United States (including the expenses of 
                        any family member described in subparagraph 
                        (B)) and evidence that any such alien or family 
                        member is not receiving any form of public 
                        assistance; or
                    ``(B) who--
                            ``(i) is a spouse, parent, brother, sister, 
                        son, daughter, or other family member of a 
                        principal alien described in subparagraph (A); 
                        and
                            ``(ii) entered the United States 
                        accompanying, and with the same status as, such 
                        principal alien.
            ``(2) Waiver limitations.--
                    ``(A) Request.--Waivers under this subsection may 
                be granted only upon a request submitted by a Service 
                district office to Service headquarters.
                    ``(B) Number.--Not more than 300 waivers may be 
                granted for any fiscal year for a principal alien under 
                paragraph (1)(A).
                    ``(C) Accompanying persons.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), in the case of each principal 
                        alien described in paragraph (1)(A) not more 
                        than one adult may be granted a waiver under 
                        paragraph (1)(B).
                            ``(ii) Exception.--Not more than two adults 
                        may be granted a waiver under paragraph (1)(B) 
                        in a case in which--
                            ``(I) the principal alien described in 
                        paragraph (1)(A) is a dependent under the age 
                        of 18; or
                            ``(II) one such adult is age 55 or older or 
                        is physically handicapped.
            ``(3) Report to congress; suspension of waiver authority.--
                    ``(A) Annual report.--Not later than March 30 of 
                each year, the Commissioner shall submit to the 
Congress an annual report regarding all waivers granted under this 
subsection during the preceding fiscal year.
                    ``(B) Suspension.--Notwithstanding any other 
                provision of law, the authority of the Attorney General 
                under this subsection shall be suspended during any 
                period in which an annual report under subparagraph (A) 
                is past due and has not been submitted.
            ``(4) Applicability.--This subsection shall not apply to 
        any alien who enters the United States after the date that is 
        180 days after the date of the enactment of the Securing 
        America's Future through Enforcement Reform Act of 2002.
    ``(f) Civil Penalty for Failure to Depart.--If an alien is 
permitted to depart voluntarily under this section and fails 
voluntarily to depart the United States within the time period 
specified, the alien shall be subject to a civil penalty of not less 
than $1,000 and not more than $5,000, and be ineligible for a period of 
10 years for any further relief under this section and sections 240A, 
245, 248, and 249. The order permitting the alien to depart voluntarily 
shall inform the alien of the penalties under this subsection.
    ``(g) Additional Conditions.--The Attorney General may by 
regulation limit eligibility for voluntary departure under this section 
for any class or classes of aliens. No court may review any regulation 
issued under this subsection.
    ``(h) Treatment of Aliens Arriving in the United States.--In the 
case of an alien who is arriving in the United States and with respect 
to whom proceedings under section 240 are (or would otherwise be) 
initiated at the time of such alien's arrival, subsections (a) through 
(c) shall not apply. Nothing in this paragraph shall be construed as 
preventing such an alien from withdrawing the application for admission 
in accordance with section 235(a)(4).
    ``(i) Review.--There shall be no administrative or judicial review 
of a denial of a request for an order of voluntary departure. No court 
or agency shall order a stay of an alien's removal pending 
consideration of any claim with respect to voluntary departure. The 
order permitting the alien to depart voluntarily shall inform the alien 
that the alien has no right to appeal any issue relating to the removal 
proceeding.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
aliens who are in proceedings under the Immigration and Nationality Act 
on or after such date if those proceedings have not resulted in a final 
administrative order before such date.

TITLE VI--ELIMINATING EXCESSIVE REVIEW AND DILATORY AND ABUSIVE TACTICS 
                    BY ALIENS IN REMOVAL PROCEEDINGS

SEC. 601. FRIVOLOUS APPLICATIONS.

    (a) In General.--Paragraph (6) of section 208(d) (8 U.S.C. 1158(d)) 
is amended by adding at the end the following new sentence: ``As used 
in this section, the term `frivolous application' means an application 
that lacks a reasonably arguable basis either in law or in fact. If an 
alien withdraws an application for asylum and pursues another benefit 
or form of relief under this Act, the alien shall bear the burden of 
proving by clear and convincing evidence, in the adjudication 
respecting such other benefit or form of relief, that such asylum 
application was not a frivolous application. If the alien fails to 
carry such burden, the alien shall be permanently ineligible for any 
benefit under this Act.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
applications for asylum pending on or after such date if the 
application has not resulted in a final administrative order before 
such date.

SEC. 602. CONTINUANCES; CHANGE OF VENUE.

    (a) In General.--Section 240(b)(1) (8 U.S.C. 1229a(b)(1)) is 
amended by adding at the end the following:
        ``The immigration judge may not grant a continuance to permit 
        an alien to become eligible for relief under any provision of 
        law. In proceedings under this section or under section 236, 
        the immigration judge may not grant a change of venue for an 
        alien who has not been inspected and admitted or paroled into 
        the United States. For all other aliens, the immigration judge 
        may grant a change of venue only if the alien demonstrates that 
        the alien cannot obtain a fair proceeding in the current 
        venue.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
continuances and changes of venue sought after such date.

SEC. 603. BURDEN OF PROOF IN ASYLUM PROCEEDINGS.

    (a) In General.--Section 208(b)(1) (8 U.S.C. 1158(b)(1)) is 
amended--
            (1) by striking ``(1) In general.--The Attorney General'' 
        and inserting the following:
            ``(1) If alien is a refugee.--
                    ``(A) In general.--The Attorney General''; and
                    (2) by adding at the end the following:
                    ``(B) Burden of proof.--The burden of proof is on 
                the applicant for asylum to establish that he or she is 
                a refugee within the meaning of section 101(a)(42). The 
                testimony of the applicant, if credible, may be 
                sufficient to sustain such burden without 
                corroboration. Where it is reasonable to expect 
                corroborating evidence for certain alleged facts 
                pertaining to the specifics of an alien's claim for 
                asylum, such evidence must be provided unless a 
                reasonable explanation is given as to why such 
                information is not presented.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
applications for asylum pending on or after such date if the 
application has not resulted in a final administrative order before 
such date.

SEC. 604. REVIEW OF CONVENTION AGAINST TORTURE GRANTS AND DENIALS.

    (a) In General.--Section 241(b) (8 U.S.C. 1231(b)) is amended by 
adding at the end the following new paragraph:
            ``(4) Elimination of Review.--A determination as to whether 
        the removal of an alien to any country should be withheld or 
        deferred under the United Nations Convention Against Torture 
        and Other Cruel, Inhuman, or Degrading Treatment or Punishment 
        shall be made by the Service District Director in the district 
        in which the alien resides or is being detained. Authority to 
        make this determination shall not be delegated below the level 
        of Assistant District Director. There shall be no 
        administrative or judicial review of a determination of the 
        District Director under this section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
applications pending on or after such date if the application has not 
resulted in a final administrative order before such date.

SEC. 605. TIME LIMIT FOR DECISIONS IN ADMINISTRATIVE APPEALS.

    (a) In General.--Chapter 9 of title II of the Act is amended by 
inserting after section 294 the following new section:

            ``rules for decisions in administrative appeals

    ``Sec. 295. (a) Deadline.--A decision in any administrative appeal 
from a decision of an immigration judge shall be issued not later than 
180 days after the appeal is filed. If the appeal is not decided before 
such deadline, the decision of the immigration judge shall be final, 
unless the Attorney General certifies the decision for review.
    (b) Standard of Review.--In any administrative appeal from a 
decision of an immigration judge, such judge's determinations of 
factual issues, including findings as to the credibility of testimony, 
shall be accepted unless they are clearly erroneous.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 294 the following:

``Sec. 295. Rules for decisions in administrative appeals.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
decisions appealed on or after such date.

SEC. 606. REVIEW OF ASYLUM CLAIMS.

    (a) Judicial Review.--
            (1) In general.--Section 208 (8 U.S.C. 1158) is amended by 
        adding at the end the following:
    ``(e) Limitation on Judicial Review.--No court shall have 
jurisdiction to review any decision of the Attorney General under this 
section.''.
            (2) Conforming amendments.--Section 242 (8 U.S.C 1252) is 
        amended--
                    (A) in subsection (a)(2)(B)(i), by inserting 
                ``208,'' before ``212(h),'';
                    (B) in subsection (a)(2)(B)(ii), by striking 
                ``General,'' and all that follows through the period at 
                the end and inserting ``General.''; and
                    (C) in subsection (b)(4)--
                            (i) in subparagraph (B), by adding ``and'' 
                        at the end;
                            (ii) in subparagraph (C), by striking ``, 
                        and'' at the end and inserting a period; and
                            (iii) by striking subparagraph (D).
    (b) Limitation on Asylum Office.--Section 208(d) (8 U.S.C. 1158(d)) 
is amended by adding at the end the following:
            ``(8) Other procedural matters.--
                    ``(A) Determination of lawful status.--
                            ``(i) In general.--In the case of an alien 
                        who is physically present in the United States 
                        and who has applied to the Service for asylum, 
                        the Service shall determine whether the alien 
                        is inadmissible or deportable before the 
                        Service prepares to schedule the applicant for 
                        an asylum interview. If the Service determines 
                        that the alien is not inadmissible or 
                        deportable, the Service shall adjudicate the 
                        asylum application and render a decision 
                        granting or denying asylum. If the Service 
                        determines that the alien is inadmissible or 
                        deportable before the Service prepares to 
                        schedule an interview, the Service shall place 
                        the alien in removal proceedings without 
                        adjudicating the asylum application. The alien 
                        may then pursue such application in such 
                        proceedings.
                            ``(ii) Review of service determinations.--
                        If an alien's asylum application has been 
                        denied by the Service, in any administrative or 
                        judicial appeal from such denial, the Service's 
                        determinations of factual issues, including 
                        findings as to the credibility of testimony, 
                        shall be accepted into evidence.
                    ``(B) Recording of interviews.--The Service shall 
                record asylum interviews and include any such recording 
                in the applicant's file and record of proceedings.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
decisions rendered on or after such date.

SEC. 607. JUDICIAL REVIEW.

    (a) Orders Against Criminal Aliens.--Subparagraph (C) of section 
242(a)(2) (8 U.S.C. 1252(a)(2)) is amended--
            (1) by striking ``no court shall have jurisdiction'' and 
        inserting ``including section 2241 of title 28, United States 
        Code, no court shall have jurisdiction, except as provided in 
        this section,''; and
            (2) by adding at the end the following: ``Such review shall 
        be limited to constitutional challenges or statutory claims 
        involving pure issues of law,''.
    (b) Venue for Review of Orders of Removal.--Section 242(b)(2) (8 
U.S.C. 1252(b)(2)) is amended by striking ``with the court of appeals 
for the judicial circuit in which the immigration judge completed the 
proceedings.'' and inserting ``with the United States Court of Appeals 
for the District of Columbia Circuit.''.
    (c) Federal Circuit Court Appeals.--
    (1) In general.--Title I of the Act is amended by inserting after 
section 105 the following:

            ``rules for decisions in administrative appeals

    ``Sec. 106. Notwithstanding any other provision of law, the final 
order of a district court of the United States in any proceeding under 
this Act, or under any other immigration law of the United States, 
shall be subject to review, on appeal, by the United States Court of 
Appeals for the District of Columbia Circuit. There shall be no right 
of appeal in such proceedings to any other circuit court of appeals. 
The law applied by the Supreme Court, and the United States Court of 
Appeals for the District of Columbia Circuit, shall be regarded as the 
rule of decision in any proceeding under this Act.''.
            (2) Clerical amendment.--The table of contents of the 
        Immigration and Nationality Act is amended by inserting after 
        the item relating to section 105 the following:

``Sec. 106. Federal circuit court appeals.''.

 TITLE VII--VERIFICATION OF CITIZENSHIP OF VOTERS IN FEDERAL ELECTIONS

SEC. 701. ESTABLISHMENT OF PROGRAM.

    (a) In General.--The Attorney General, in consultation with the 
Commissioner of Social Security and the Commissioner of the Immigration 
and Naturalization Service, shall establish a Citizenship Verification 
Program (hereafter in this title referred to as the ``Program'') under 
which they shall respond to citizenship verification inquiries made by 
the chief election official of any State to verify the United States 
citizenship of an individual applying to register to vote, or 
registered to vote, in elections for Federal office in the State.
    (b) Information Required To Be Provided by Election Officials.--
            (1) In general.--In order to make an inquiry through the 
        Program with respect to an individual, an election official 
        shall provide the name, date of birth, and social security 
        account number of the individual.
            (2) Authority to use social security account numbers.--The 
        chief election official of a State shall, for the purpose of 
        making inquiries under the Program, use the social security 
        account numbers issued by the Commissioner of Social Security, 
        and shall, for such purpose, require any individual who is or 
        appears to be affected by a voter registration law of such 
        State (or political subdivision thereof) to furnish to such 
        official the social security account number (or numbers, if the 
        individual has more than one such number) issued to the 
        individual by the Commissioner.
    (c) Features of Program.--
            (1) In general.--The Program shall be designed and 
        operated--
                    (A) to respond to an inquiry concerning citizenship 
                only in a case where determining whether an individual 
                is a citizen of the United States is necessary for 
                determining whether the individual is eligible to vote 
                in an election for Federal office;
                    (B) in a manner that is uniform, nondiscriminatory, 
                and in compliance with the Voting Rights Act of 1965 
                (42 U.S.C. 1973 et seq.);
                    (C) to maximize its reliability and ease of use, 
                consistent with insulating and protecting the privacy 
                and security of the underlying information;
                    (D) to permit inquiries to be made to the program 
                through a toll-free telephone line or other toll-free 
                electronic media;
                    (E) to respond to all inquiries made by authorized 
                persons;
                    (F) with appropriate administrative, technical, and 
                physical safeguards to prevent unauthorized disclosure 
                of personal information, including violations of the 
                requirements of section 205(c)(2)(C)(viii) of the 
                Social Security Act; and
                    (G) to have reasonable safeguards against the 
                Program's resulting in unlawful discriminatory 
                practices based on national origin, including the 
                selective or unauthorized use of the program.
            (2) Use of employment eligibility verification system.--To 
        the extent practicable, in establishing the verification system 
        used under the Program, the Attorney General, in consultation 
        with the Commissioner of Social Security, shall use the 
        employment eligibility verification system established under 
        section 274A(b)(7) of the Immigration and Nationality Act, as 
        added by section 511 of this Act.

SEC. 702. RESPONSES TO INQUIRIES.

    (a) In General.--The Program shall provide for a verification or a 
nonverification of an individual's United States citizenship by the 
Commissioner of Social Security or the Commissioner of the Immigration 
and Naturalization Service as soon as practicable after an initial 
inquiry to the Attorney General.
    (b) Notice to Individual of Nonverification.--If the chief election 
official of a State receives a notice under subsection (a) of 
nonverification of an individual's United States citizenship, the 
official shall provide the individual with a written notice of such 
nonverification, and shall include in the notice a description of the 
individual's right to use the process provided under section 704(c) for 
the prompt correction of erroneous information in the Program.
    (c) Rejection of Application.--If the chief election official of a 
State receives a notice under subsection (a) of nonverification of the 
United States citizenship of an individual who is an applicant for 
voter registration in the State, the official shall reject the 
application (subject to the right to reapply), but only if each of the 
following conditions has been satisfied:
            (1) The 30-day period beginning on the date notice of 
        nonverification was mailed or otherwise provided to the 
        individual pursuant to subsection (b) has elapsed.
            (2) During such 30-day period, the official did not receive 
        adequate verification of the individual's United States 
        citizenship from the Program, pursuant to a new inquiry to the 
        Program made by the official upon receipt of information (from 
        the individual or through any other reliable source) that 
        erroneous or incomplete material information previously in the 
        Program has been updated, supplemented, or corrected.
    (d) Removal of Ineligible Registrants.--
            (1) In general.--If the chief election official of a State 
        receives a notice under subsection (a) of nonverification of 
        the United States citizenship of an individual who is 
        registered to vote in elections for Federal office in the 
        State, the official shall remove the name of the individual 
        from the official list of eligible voters for elections for 
        Federal office in the State (subject to the right to submit 
        another voter registration application), but only if each of 
        the following conditions has been satisfied:
                    (A) The 30-day period beginning on the date notice 
                of nonverification was mailed or otherwise provided to 
the individual pursuant to subsection (b) has elapsed.
                    (B) During such 30-day period, the official did not 
                receive adequate verification of the citizenship of the 
                individual under subsection (c)(2).
            (2) Conforming amendment.--Section 8(a)(3) of the National 
        Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(a)(3)) is 
        amended--
                    (A) by striking ``; or'' at the end of subparagraph 
                (B) and inserting a comma;
                    (B) by striking the semicolon at the end of 
                subparagraph (C) and inserting ``, or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(D) in accordance with the citizenship 
                verification program established and operated under 
                title VII of the Securing America's Future through 
                Enforcement Reform Act of 2002;''.

SEC. 703. REQUIRING VERIFICATION OF CITIZENSHIP OF REGISTERED VOTERS 
              AND APPLICANTS.

    (a) Requiring Inquiries To Be Made Under Program for Registrants.--
            (1) In general.--Not later than June 1, 2003, the chief 
        election official of each State shall submit a citizenship 
        verification inquiry through the Program with respect to each 
        individual who is registered to vote in elections for Federal 
        office in the State as of such date.
            (2) Removal of registrants without verified citizenship.--
        In accordance with the procedures described in section 702(d), 
        the chief election official of each State shall remove from the 
        list of individuals eligible to vote in elections for Federal 
        office in the State any individual who is the subject of an 
        inquiry under paragraph (1) whose United States citizenship is 
        not verified under the Program.
    (b) Requiring Inquiries To Be Made Under Program for New Applicants 
for Voter Registration.--
            (1) In general.--The chief election official of each State 
        shall submit a citizenship verification inquiry through the 
        Program with respect to each individual who, on or after the 
        date on which the official submits inquiries under subsection 
        (a), applies to register to vote in elections for Federal 
        office in the State.
            (2) Prohibiting registration of individuals without 
        verified citizenship.--The chief election official of a State 
        may not accept a voter registration application submitted by an 
        individual whose United States citizenship is not verified 
        under the Program.
            (3) Special rule for states permitting individuals to 
        register on or near date of election.--In the case of a State 
        which, under law in effect continuously on and after January 1, 
        2003, permits an individual to register to vote in an election 
        for Federal office fewer than 60 days before the date of the 
        election (including at the polling place at the time of voting 
        in the election), the following rules shall apply with respect 
        to such individual's application for registration:
                    (A) Notwithstanding paragraph (2), the individual 
                shall be permitted to register to vote and vote in the 
                election (if the individual is otherwise eligible to 
                register to vote and vote under applicable State law).
                    (B) On the day after the date of the election, the 
                chief State election official shall submit a 
                citizenship verification inquiry with respect to the 
                individual through the Program. The official may not 
                submit the inquiry with respect to the individual prior 
                to such date.
                    (C) An election official at the polling place shall 
                transfer the ballot cast by the individual to an 
                appropriate State or local election official to be set 
                aside until the individual's citizenship can be 
                verified under the Program.
                    (D) As soon as practicable after receiving the 
                inquiry, the program shall provide the chief election 
                official of the State with verification or 
                nonverification of the individual's United States 
                citizenship.
                    (E) Upon verification of the individual's United 
                States citizenship through the program (including 
                verification resulting from the individual's correction 
                of erroneous information pursuant to section 704(c)), 
                the State shall accept the individual's voter 
                registration application and the individual's vote 
                shall be tabulated.
    (c) Requiring New Applicants Registering To Vote To Provide 
Information.--
            (1) Registration with application for driver's license.--
                    (A) In general.--Section 5(c)(2) of the National 
                Voter Registration Act of 1993 (42 U.S.C. 1973gg-
                3(c)(2)) is amended--
                            (i) by striking ``and'' at the end of 
                        subparagraph (D);
                            (ii) by striking the period at the end of 
                        subparagraph (E) and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
            ``(F) shall require the applicant to provide the 
        applicant's Social Security number.''.
                    (B) Conforming amendment.--Section 5(c)(2)(A) of 
                such Act (42 U.S.C. 1973gg-3(c)(2)(A)) is amended by 
                inserting after ``subparagraph (C)'' the following: ``, 
                or the information described in subparagraph (F)''.
            (2) Mail registration.--Section 9(b)(1) of such Act (42 
        U.S.C. 1973gg-7(b)(1)) is amended by striking ``may require 
        only such identifying information'' and inserting the 
        following: ``shall require the applicant to provide the 
        applicant's Social Security number, and may require only such 
        additional identifying information''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply with respect to applicants registering to vote in 
        elections for Federal office after the expiration of the 90-day 
        period which begins on the date of the enactment of this Act.

SEC. 704. RESPONSIBILITIES OF FEDERAL OFFICIALS.

    (a) Responsibilities of the Commissioner of Social Security.--As 
part of the Program, the Commissioner of Social Security shall 
establish a reliable, secure method which compares the name, date of 
birth, and social security account number provided in an inquiry 
against such information maintained by the Commissioner, in order to 
verify (or not verify) the correspondence of the name, date of birth, 
and number provided and whether the individual is shown as a citizen of 
the United States on the records maintained by the Commissioner 
(including whether such records show that the individual was born in 
the United States). The Commissioner shall not disclose or release 
social security information (other than such verification or 
nonverification).
    (b) Responsibilities of the Commissioner of the Immigration and 
Naturalization Service.--As part of the Program, the Commissioner of 
the Immigration and Naturalization Service shall establish a reliable, 
secure method which compares the name and date of birth which are 
provided in an inquiry against information maintained by the 
Commissioner in order to verify (or not verify) the validity of the 
information provided, the correspondence of the name and date of birth, 
and whether the individual is a citizen of the United States.
    (c) Updating Information.--The Commissioner of Social Security and 
the Commissioner of the Immigration and Naturalization Service shall 
each update the information maintained under the Program in a manner 
that promotes the maximum accuracy of the Program and shall each 
provide a process for the prompt correction of erroneous information, 
including instances in which the Commission is made aware of erroneous 
information under the Program as a result of any action taken by an 
individual upon receipt of a written notice of nonverification under 
section 702(b).

SEC. 705. LIMITATION ON USE OF THE PROGRAM AND ANY RELATED SYSTEMS.

    (a) In General.--Notwithstanding any other provision of law, 
nothing in this subtitle shall be construed to permit or allow any 
department, bureau, or other agency of the United States Government to 
utilize any information, data base, or other records assembled under 
the Program for any other purpose other than as provided for under this 
subtitle.
    (b) No National Identification Card.--Nothing in this subtitle 
shall be construed to authorize, directly or indirectly, the issuance 
or use of national identification cards or the establishment of a 
national identification card.

SEC. 706. ENFORCEMENT.

    (a) Civil Action by Attorney General.--The Attorney General may 
bring a civil action in an appropriate district court for such 
declaratory or injunctive relief as is necessary to carry out this 
title.
    (b) Private Right of Action.--(1) A person who is aggrieved by a 
violation of this title may provide written notice of the violation to 
the chief election official of the State involved.
    (2) If the violation is not corrected within 90 days after receipt 
of a notice under paragraph (1), or within 20 days after receipt of the 
notice if the violation occurred within 120 days before the date of an 
election for Federal office, the aggrieved person may bring a civil 
action in an appropriate district court for declaratory or injunctive 
relief with respect to the violation.
    (3) If the violation occurred within 30 days before the date of an 
election for Federal office, the aggrieved person need not provide 
notice to the chief election official of the State under paragraph (1) 
before bringing a civil action under paragraph (2).
    (c) Attorney's Fees.--In a civil action under this section, the 
court may allow the prevailing party (other than the United States) 
reasonable attorney's fees, including litigation expenses, and costs.
    (d) Criminal Penalties.--A person, including an election official, 
who knowingly and willfully deprives, defrauds, or attempts to deprive 
or defraud any individual who is a citizen of the United States of the 
right to register to vote through the operation of the Program or 
through any other action taken pursuant to this title shall be fined in 
accordance with title 18, United States Code, or imprisoned not more 
than 5 years, or both.
    (e) Relation to Other Laws.--(1) The rights and remedies 
established by this section are in addition to all other rights and 
remedies provided by law, and neither the rights and remedies 
established by this section nor any other provision of this title shall 
supersede, restrict, or limit the application of the Voting Rights Act 
of 1965 (42 U.S.C. 1973 et seq.).
    (2) Nothing in this title authorizes or requires conduct that is 
prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).

SEC. 707. CHIEF ELECTION OFFICIAL DEFINED.

    In this title, the term ``chief election official'' means, with 
respect to a State, the individual designated by the State under 
section 10 of the National Voter Registration Act of 1993 (42 U.S.C. 
1973gg-8) to be responsible for coordination of the State's 
responsibilities under such Act.

SEC. 708. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Department of 
Justice, the Immigration and Naturalization Service, and the Social 
Security Administration for fiscal year and each succeeding fiscal year 
such sums as may be necessary to carry out the provisions of this 
title.

                TITLE VIII--REFORMING LEGAL IMMIGRATION

                  Subtitle A--Promotion of Citizenship

SEC. 801. OFFICE OF CITIZENSHIP ESTABLISHED; CHANGES IN NATURALIZATION 
              REQUIREMENTS.

    (a) Office of Citizenship.--There is established in the Immigration 
and Naturalization Service an office to be known as the ``Office of 
Citizenship''. The head of such office shall be the Chief of the Office 
of Citizenship. The Chief shall be responsible for--
            (1) promoting instruction and training on citizenship 
        responsibilities for aliens interested in becoming naturalized 
        citizens of the United States, including the development of 
        educational materials;
            (2) furthering efforts by such aliens to acquire, in order 
        to be eligible for naturalization--
                    (A) an understanding of the English language;
                    (B) a knowledge and understanding of the 
                fundamentals of the history, and the principles and 
                form of government, of the United States;
                    (C) an understanding of, and attachment to, the 
                principles of the Constitution of the United States; 
                and
                    (D) an understanding of the oath of allegiance 
                required under section 337(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1448(a));
            (3) communicating and coordinating with the heads of other 
        Federal agencies and programs involved with civic education and 
        the promotion of civic interests, such as the English as a 
        Second Language civics program at the Department of Education; 
        and
            (4) promoting, through conferences, training materials, and 
        other materials, the familiarity of aliens seeking to 
        naturalize with the political and civic privileges and 
responsibilities of United States citizens.
    (b) Study of Naturalization Examination.--
            (1) In general.--The Chief of the Office of Citizenship 
        shall conduct a study of the scope and nature of the 
        examination of applicants for naturalization. The study shall 
        analyze the value of the questions on the exam, and recommend 
        questions that ought to be eliminated and new questions that 
        ought to be included. The study shall recommend new questions 
        to be included that gauge an applicant's understanding of the 
        principles in the oath of allegiance required under section 
        337(a) of the Immigration and Nationality Act (8 U.S.C. 
        1448(a)).
            (2) Civics course.--The study shall also analyze and make 
        recommendations as to whether applicants for naturalization 
        ought to be required to complete a course in civic education.
            (3) Report.--Not later than 6 months after his or her 
        appointment, the Chief of the Office of Citizenship shall 
        submit a report to the Congress containing the results of the 
        study conducted under this subsection. The report shall also 
        contain a proposed revised examination to be administered to 
        applicants for naturalization that reflects the recommendations 
        developed through the study. In developing the proposed 
        examination, the Chief of the Office of Citizenship shall 
        consult with interested groups specializing in immigration 
        issues, civics organizations, patriotic associations, and 
        veterans' groups.
    (c) Requiring Applicants for Naturalization To Understand Oath.--
            (1) Requirements for naturalization.--Section 312(a) (8 
        U.S.C. 1423(a)) is amended--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) an understanding of the oath of allegiance required 
        under section 337(a).''.
            (2) Examination.--Section 332(a) (8 U.S.C. 1443(a)) is 
        amended by inserting before ``ability'' the following: 
        ``understanding of the oath of allegiance required under 
        section 337(a),''.
    (c) Contents of Certificate of Naturalization.--Section 338 (8 
U.S.C. 1449) is amended by inserting before ``and the seal'' the 
following: ``the oath of allegiance required under section 337(a); a 
statement that the applicant recognizes the privileges and 
responsibilities of citizenship;''.

   Subtitle B--Treatment of Nationals of State Sponsors of Terrorism

SEC. 811. TREATMENT OF NATIONALS OF STATE SPONSORS OF TERRORISM.

    (a) In General.--
            (1) Amendment.--Chapter 9 of title II, as amended by 
        section 265 of this Act, is further amended by inserting after 
        section 295 the following new section:

        ``treatment of nationals of state sponsors of terrorism

    ``Sec. 296. (a) In General.--No nonimmigrant or immigrant visa may 
be issued, or nonimmigrant or immigrant status otherwise provided, 
other than a visa or status described in section 101(a)(15)(A), to any 
alien who is a national of, or residing in, a country that is 
determined to be a state sponsor of terrorism, or that was subject to 
such a determination on September 11, 2001.
    ``(b) State Sponsor of Terrorism Defined.--
            ``(1) In general.--In this section, the term `state sponsor 
        of terrorism' means any country, other than Cuba, the 
        government of which has been determined by the Secretary of 
        State under any of the laws specified in paragraph (2) to have 
        repeatedly provided support for acts of terrorism.
            ``(2) Laws under which determinations were made.--The laws 
        specified in this paragraph are the following:
                    ``(A) Section 6(j)(1)(A) of the Export 
                Administration Act of 1979 (or successor statute).
                    ``(B) Section 40(d) of the Arms Export Control Act.
                    ``(C) Section 620A(a) of the Foreign Assistance Act 
                of 1961.''.
            (2) Clerical amendment.--The table of contents of the 
        Immigration and Nationality Act is amended by inserting after 
        the item relating to section 295 the following:

``Sec. 296. Treatment of nationals of state sponsors of terrorism.''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act and 
        shall apply to visas issued, or status provided, on and after 
        such date.
    (b) Application to Admitted Nonimmigrants.--
            (1) In general.--In the case of a nonimmigrant alien 
        lawfully admitted into the United States who would have been 
        ineligible to be granted such nonimmigrant status if the 
        amendments made by subsection (a) had been in effect on the 
        date on which such status was granted, notwithstanding any 
        other provision of law, the period of authorized admission as 
        such a nonimmigrant shall terminate 60 days after the date of 
        the enactment of this Act, unless the nonimmigrant is the 
        beneficiary (including a spouse or child of a principal alien, 
        if eligible to receive a visa under section 203(d) of the 
        Immigration and Nationality Act (8 U.S.C. 1153(d)) of--
                    (A) a petition for classification under section 204 
                of such Act (8 U.S.C. 1154) that was filed with the 
                Attorney General on or before the date of the enactment 
                of this Act; or
                    (B) an application for a labor certification under 
                section 212(a)(5)(A) of such Act (8 U.S.C. 
                1182(a)(5)(A)) that was filed pursuant to the 
                regulations of the Secretary of Labor on or before such 
                date.
            (2) Departure of petition beneficiaries.--In the case of a 
        nonimmigrant who is the beneficiary of a petition or 
        application described in subparagraph (A) or (B) of paragraph 
        (1), the period of authorized admission as such a nonimmigrant 
        shall terminate on, and the alien shall be required to depart 
        the United States before, the earlier of--
                    (A) the date that is 60 days after the date on 
                which--
                            (i) such petition or application is finally 
                        denied; or
                            (ii) the nonimmigrant's application for 
                        adjustment of status is finally denied; or
                    (B) the date on which such nonimmigrant status 
                terminates, unless such termination is pursuant to an 
                adjustment to the status of an alien lawfully admitted 
                for permanent residence.
    (c) Repeal.--Section 306 of the Enhanced Border Security and Visa 
Entry Reform Act of 2002 (Public Law 107-173) is repealed.

                  Subtitle C--Legal Immigration Reform

SEC. 821. EXTENDED FAMILY PREFERENCE CATEGORIES.

    (a) In General.--Section 203(a) (8 U.S.C. 1153(a)) is amended to 
read as follows:
    ``(a) Preference Allocation for Family-Sponsored Immigrants.--
Qualified immigrants who are the spouses or children of an alien 
lawfully admitted for permanent residence shall be subject to the 
worldwide level specified in section 201(c) for family-sponsored 
immigrants, and shall be allocated visas in a number not to exceed such 
level.''.
    (b) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c) 
(8 U.S.C. 1151(c)) is amended--
            (1) by striking ``480,000'' and inserting ``87,934''; and
            (2) by striking ``226,000'' and inserting ``87,934''.
    (c) Numerical Limitation to Any Single Foreign State.--Section 202 
(8 U.S.C. 1152) is amended--
            (1) in subsection (a)(4), by striking subparagraph (A) and 
        inserting the following:
                    ``(A) 75 percent not subject to per country 
                limitation.--Of the visa numbers made available under 
                section 203(a) in any fiscal year, 75 percent shall be 
                issued without regard to the numerical limitation under 
                paragraph (2).''; and
            (2) in subsection (e)--
                    (A) in paragraph (1), by adding ``and'' at the end;
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph 
                (2).
    (d) Procedure for Granting Immigrant Status.--Section 204 (8 U.S.C. 
1154) is amended--
            (1) in subsection (a)(1)(A)(i), by striking ``paragraph 
        (1), (3), or (4) of''; and
            (2) in subsection (a)(1)(B), by striking ``203(a)(2)'' and 
        ``203(a)(2)(A)'' each place such terms appear and inserting 
        ``203(a)'';
            (3) in subsection (a)(1)(D)(i)--
                    (A) in subclause (I), by striking ``a petitioner 
                for preference status under paragraph (1), (2), or 
                (3)'' and all that follows through the period at the 
                end and inserting ``to be an individual under 21 years 
                of age for purposes of adjudicating such petition, and 
                for purposes of admission as an immediate relative 
                under section 201(b)(2)(A)(i), notwithstanding the 
                actual age of the individual.''; and
                    (B) in subclause (III), by striking ``paragraph 
                (1), (2), or (3) of section 203(a), whichever paragraph 
                is applicable,'' and inserting ``section 203(a), and 
                under 21 years of age (notwithstanding the actual age 
                of the individual),''.
            (4) in subsection (f), by striking ``201(b), 203(a)(1), or 
        203(a)(3), as appropriate.'' and inserting ``201(b).''.
    (e) Classes of Deportable Aliens.--Section 237(a)(1)(E)(ii) (8 
U.S.C. 1227(a)(1)(E)(ii)) is amended by striking ``203(a)(2)'' and 
inserting ``203(a)''.
    (f) Conditional Permanent Resident Status for Certain Alien Spouses 
and Sons and Daughters.--Section 216(g)(1)(C) (8 U.S.C. 1186a(g)(1)(C)) 
is amended by striking ``203(a)(2)'' and inserting ``203(a)''.
    (g) Effective Date.--The amendments made this section shall take 
effect on October 1, 2002.

SEC. 822. EMPLOYMENT THIRD PREFERENCE CATEGORY.

    (a) In General.--Paragraph (3) of section 203(b) (8 U.S.C. 1153(b)) 
is amended to read as follows:
            ``(3) Skilled workers and professionals.--
                    ``(A) In general.--Visas shall be made available, 
                in a number not to exceed 28.6 percent of such 
                worldwide level, plus any visas not required for the 
                classes specified in paragraphs (1) and (2), to the 
                following classes of aliens who are not described in 
                paragraph (2):
                            ``(i) Skilled workers.--Qualified 
                        immigrants who are capable, at the time of 
                        petitioning for classification under this 
                        paragraph, of performing skilled labor 
                        (requiring at least 2 years training or 
                        experience), not of a temporary or seasonal 
                        nature, for which qualified workers are not 
                        available in the United States.
                            ``(ii) Professionals.--Qualified immigrants 
                        who hold baccalaureate degrees and who are 
                        members of the professions.
                    ``(B) Labor certification required.--An immigrant 
                visa may not be issued to an immigrant under 
                subparagraph (A) until the consular officer is in 
                receipt of a determination made by the Secretary of 
                labor pursuant to the provisions of section 
                212(a)(5)(A).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2002.

SEC. 823. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.

    (a) Worldwide Level of Diversity Immigrants.--Section 201 (8 U.S.C. 
1151) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``and'' at the end of paragraph 
                (1);
                    (B) by striking ``; and'' at the end of paragraph 
                (2) and inserting a period; and
                    (C) by striking paragraph (3); and
            (2) by striking subsection (e).
    (b) Allocation of Diversity Immigrant Visas.--Section 203 (8 U.S.C. 
1153) is amended--
            (1) by striking subsection (c);
            (2) in subsection (d), by striking ``(a), (b), or (c),'' 
        and inserting ``(a) or (b),'';
            (3) in subsection (e), by striking paragraph (2) and 
        redesignating paragraph (3) as paragraph (2);
            (4) in subsection (f), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''; and
            (5) in subsection (g), by striking ``(a), (b), and (c)'' 
        and inserting ``(a) and (b)''.
    (c) Procedure for Granting Immigrant Status.--Section 204 (8 U.S.C. 
1154) is amended--
            (1) by striking subsection (a)(1)(I); and
            (2) in subsection (e), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''.
    (c) Effective Date.--The amendments made this section shall take 
effect on October 1, 2002.

SEC. 824. REFUGEE ADMISSIONS.

    (a) In General.--Paragraphs (1) and (2) of section 207(a) (8 U.S.C. 
1157(a)) are amended to read as follows:
    ``(a)(1) Except as provided in paragraph (2) and subsection (b), 
the number of refugees who may be admitted under this section in any 
fiscal year shall be such number as the President determines, before 
the beginning of the fiscal year and after appropriate consultation, is 
justified by humanitarian concerns or is otherwise in the national 
interest.
    ``(2)(A) Except as provided in subparagraphs (B) and (C), the 
number determined under paragraph (1) for a fiscal year may not exceed 
the number of United Nations High Commissioner for Refugees-referred 
refugees who were resettled in a country other than the United States 
(excluding any internally resettled person) in the second preceding 
calendar year.
    ``(B) The number determined under paragraph (1) for a fiscal year 
may exceed the limit specified in subparagraph (A) by the number of 
refugees admitted pursuant to section 599D(b)(3) of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1990 (8 U.S.C. 1157 note).
    ``(C) The number determined under paragraph (1) for a fiscal year 
may exceed the limit specified in subparagraph (A) if the Congress 
enacts a law providing for a higher number.''.
    (b) Emergency Refugee Situations.--Section 207(b) (8 U.S.C. 
1157(b)) is amended by striking ``the President may fix'' and inserting 
``the President may, if the Congress enacts a law providing such 
authority, fix''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2002.

                   TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. TEMPORARY PROTECTED STATUS.

    (a) In General.--Section 244 (8 U.S.C. 1254a) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (3)(D);
                    (B) in paragraph (4)--
                            (i) by striking subparagraph (B);
                            (ii) by moving the text of subparagraph (A) 
                        up and to the right so that it follows 
                        immediately after the paragraph heading; and
                            (iii) by striking ``(A)'';
                    (C) in paragraph (5), by striking ``to deny 
                temporary protected status to an alien based on the 
                alien's immigration status or'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by adding ``or'' 
                        at the end
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by striking 
                                ``disruption of living conditions'' and 
                                inserting ``physical destruction of 
                                homes and businesses'';
                                    (II) by amending clause (ii) to 
                                read as follows:
                            ``(ii) the foreign state is unable, 
                        temporarily, to house and employ the aliens who 
                        are nationals of the state residing in the 
                        United States, but has a specific plan to 
                        repatriate such nationals in a short and 
                        specified period of time; and''; and
                                    (III) in clause (iii), by striking 
                                ``; or'' and inserting a period;
                            (iii) by striking subparagraph (C); and
                            (iv) by adding at the end the following:
        ``An initial designation, or extension of a designation, of a 
        foreign state (or part of such foreign state) under this 
        paragraph shall not become effective if the Attorney General 
        finds that permitting the aliens to remain temporarily in the 
        United States is contrary to the national interest of the 
        United States.''
                    (B) in the last sentence of paragraph (2), by 
                striking ``18 months'' and inserting ``12 months'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (A), by inserting 
                        ``all'' after ``and shall determine whether'';
                            (ii) in subparagraph (B), by inserting 
                        ``all'' after ``no longer continues to meet''; 
                        and
                            (iii) by amending subparagraph (C) to read 
                        as follows:
                    ``(C) Extension of designation.--If the Attorney 
                General determines under subparagraph (A) that a 
                foreign state (or part of such foreign state) continues 
                to meet all the conditions for designation under 
                paragraph (1) and that the foreign state warrants an 
                extension, the period of designation of the foreign 
                State is extended for an additional period of 6 months 
                (or, in the discretion of the Attorney General, a 
                period of 12 months).''; and
                    (D) in paragraph (5)--
                            (i) by striking subparagraph (B);
                            (ii) by moving the text of subparagraph (A) 
                        up and to the right so that it follows 
                        immediately after the paragraph heading; and
                            (iii) by striking ``(A) Designations.--'';
            (3) in subsection (c)--
                    (A) in paragraph (1)(B), by striking ``The amount 
                of any such fee shall not exceed $50.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``of 
                        paragraph (1)--'' and all that follows through 
                        the end and inserting the following: ``, the 
                        provisions of section 212(a)(1) may be waived 
                        in the Attorney General's discretion if a 
                        denial of temporary protected status would 
                        separate the alien from a spouse or child in 
                        the United States.'';
                            (ii) in subparagraph (B)--
                                    (I) by amending clause (i) to read 
                                as follows:
                            ``(i) the alien is inadmissible under 
                        section 212(a) by reason of having been 
                        convicted of a crime committed in the United 
                        States, or the alien is deportable  under 
section 237(a) (other than under section 237(a)(1)(B));'';
                                    (II) in clause (ii), by striking 
                                the period at the end and inserting ``; 
                                or''; and
                                    (III) by adding at the end the 
                                following:
                            ``(iii) the alien was unlawfully present in 
                        the United States on the effective date of the 
                        designation of the applicable foreign state (or 
                        part of a state), or the effective date of any 
                        extension of such designation, unless a law to 
                        the contrary is enacted before such date, 
                        except that if the Congress is adjourned sine 
                        die on such date, the alien may be granted 
                        temporary protected status for a period of not 
                        more than 4 months.'';
                    (C) in paragraph (3)--
                            (i) by striking ``, or'' at the end of 
                        subparagraph (B) and inserting a semicolon;
                            (ii) in subparagraph (C)--
                                    (I) by inserting ``and record the 
                                alien's current address'' after 
                                ``register''; and
                                    (II) by striking the period at the 
                                end and inserting a semicolon; and
                            (iii) by adding at the end the following:
                    ``(D) the alien commits a crime after being granted 
                temporary protected status; or
                    ``(E) the alien travels, no matter how briefly, to 
                the foreign state (or part of such state) the 
                designation of which was the basis of the alien being 
                granted such status.'';
                    (D) in paragraph (4), in each of subparagraphs (A) 
                and (B), by inserting before the period at the end the 
                following: ``, unless the alien travels, no matter how 
                briefly, to the foreign state (or part of such state) 
                the designation of which was the basis of the alien 
                being granted such status''; and
                    (E) by striking paragraph (6);
            (4) in subsection (d), by striking paragraph (4);
            (5) in subsection (e), by striking ``, unless the Attorney 
        General determines that extreme hardship exists'' in the first 
        sentence;
            (6) in subsection (f)--
                    (A) by inserting ``and'' at the end of paragraph 
                (2);
                    (B) in paragraph (3), by striking ``General; and'' 
                and inserting ``General, except to the foreign state 
                (or part of such state) the designation of which was 
                the basis of the alien being granted such status.''; 
                and
                    (C) by striking paragraph (4); and
            (7) in subsection (h)--
                    (A) in paragraph (1), by inserting ``or the House 
                of Representatives'' after ``Senate'';
                    (B) in paragraph (2), by striking ``three-fifths'' 
                and inserting ``two-thirds''; and
                    (C) by inserting ``and the House of 
                Representatives'' after ``Senate'' each place such term 
                appears in paragraphs (2) and (3).
    (b) Ineligibility of Certain Aliens.--
            (1) In general.--In the case of a foreign state (or part of 
        a foreign state) initially designated under section 244 (8 
        U.S.C. 1254a), or having such a designation extended, before 
        the date of the enactment of this Act, an alien who is a 
        national of such state (or in the case of an alien having no 
        nationality, is a person who last habitually resided in such 
        state), and was unlawfully present in the United States on the 
        date of such designation or extension, shall be subject to 
        paragraph (2).
            (2) Aliens ineligible.--An alien described in paragraph (1) 
        shall not be considered eligible for temporary protected status 
        under section 244 pursuant to any initial or succeeding 
        extension of a designation described in such paragraph that 
        takes effect after the date of the enactment of this Act, 
        unless a law to the contrary is enacted before such effective 
        date, except that if the Congress is adjourned sine die on such 
        effective date, the alien may be granted temporary protected 
        status for a period of not more than 4 months.

SEC. 902. GOOD MORAL CHARACTER.

    (a) In General.--Section 101(f)(6) (8 U.S.C. 1101(f)(6)) is amended 
to read as follows:
            ``(6) one who, by fraud or willfully misrepresenting a 
        material fact, seeks to procure (or has sought to procure or 
        has procured) a visa, other documentation, or admission into 
        the United States or other benefit provided under this Act, for 
        himself, herself, or any other alien;''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
misrepresentations made on or after such date.

SEC. 903. REMOVAL FOR ALIENS WHO MAKE MISREPRESENTATIONS TO PROCURE 
              BENEFITS.

    (a) In General.--Section 237(a)(3) (8 U.S.C. 1127(a)(3)) is amended 
by adding at the end the following:
                    ``(F) Misrepresentation.--Any alien who, by fraud 
                or willfully misrepresenting a material fact, seeks to 
                procure (or has sought to procure or has procured) a 
                visa, other documentation, or admission into the United 
                States or other benefit provided under this Act, for 
                himself, herself, or any other alien, is deportable.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
misrepresentations made on or after such date.

SEC. 904. DESIGNATIONS OF FOREIGN TERRORIST ORGANIZATIONS.

    Section 219 (8 U.S.C. 1189) is amended--
            (1) by striking ``Secretary'' each place such term appears, 
        excluding subparagraphs (A) and (C)  of subsection (a)(2), and 
inserting ``official specified under subsection (d)'';
            (2) in subsection (c)--
                    (A) in paragraph (2), by adding ``and'' at the end;
                    (B) in paragraph (3), by striking ``; and'' at the 
                end and inserting a period; and
                    (C) by striking paragraph (4); and
            (3) by adding at the end the following:
    ``(d) Implementation of Duties and Authorities.--
            ``(1) By secretary or attorney general.--Except as 
        otherwise provided in this subsection, the duties under this 
        section shall, and authorities under this section may, be 
        exercised by--
                    ``(A) the Secretary of State--
                            ``(i) after consultation with the Secretary 
                        of the Treasury and with the concurrence of the 
                        Attorney General; or
                            ``(ii) upon instruction by the Director of 
                        Homeland Security pursuant to paragraph (2); or
                    ``(B) the Attorney General--
                            ``(i) after consultation with the Secretary 
                        of the Treasury and with the concurrence of the 
                        Secretary of State; or
                            ``(ii) upon instruction by the Director of 
                        Homeland Security pursuant to paragraph (2).
            ``(2) Concurrence.--The Secretary of State and the Attorney 
        General shall each seek the other's concurrence in accordance 
        with paragraph (1). In any case in which such concurrence is 
        denied or withheld, the official seeking the concurrence shall 
        so notify the Director of Homeland Security and shall request 
        the Director of Homeland Security to make a determination as to 
        how the issue shall be resolved. Such notification and request 
        of the Director of Homeland Security may not be made before the 
        earlier of--
                    ``(A) the date on which a denial of concurrence is 
                received; or
                    ``(B) the end of the 60-day period beginning on the 
                date the concurrence was sought.
            ``(3) Exception.--It shall be the duty of the Secretary of 
        State to carry out the procedural requirements of paragraphs 
        (2)(A) and (6)(B) of subsection (a) in all cases, including 
        cases in which a designation or revocation is initiated by the 
        Attorney General.''.

SEC. 905. FOREIGN STUDENTS.

    (a) Length of Visa Term.--Section 221(c) (8 U.S.C. 1201(c)) is 
amended--
            (1) by striking ``A nonimmigrant visa'' and inserting 
        ``Except as otherwise provided by law, a nonimmigrant visa''; 
        and
            (2) by adding at the end the following:
``In the case of a nonimmigrant visa issued under subparagraph (F), 
(J), or (M) of section 101(a)(15) for study in the United States, the 
visa shall not be valid for any period in excess of the stated period 
that the institution or place of study to which the visa relates 
determines is necessary and proper for the purpose of achieving the 
objective of such study. Such determinations shall be timely submitted, 
in accordance with such regulations as the Attorney General may 
prescribe, as a condition of the granting of authority to issue 
documents demonstrating aliens' eligibility for a visa under 
subparagraph (F), (J), or (M) of section 101(a)(15).''.
    (b) Eligible Institution.--Section 214 (8 U.S.C. 1202), as amended 
by section 204 of this Act, is further amended by adding at the end the 
following:
    ``(w) A nonimmigrant visa may not be issued under subparagraph (F), 
(J), or (M) of section 101(a)(15) for postsecondary study at an 
educational institution unless that institution is an eligible 
institution for the purpose of a program authorized under title IV of 
the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect 6 months after the date of the enactment of this Act. The 
amendment made by subsection (b) shall take effect on the date of the 
enactment of this Act.

SEC. 906. PAY GRADE GS-15 AVAILABLE FOR INS TRIAL ATTORNEYS.

    There are authorized to be appropriated such sums as may be to 
establish a range for the annual rate of basic pay for positions as a 
trial attorney in the Immigration and Naturalization Service (or a 
successor agency) between the minimum annual rate of basic pay payable 
for grade GS-11 of the General Schedule and the maximum annual rate of 
basic pay payable for grade GS-15 of the General Schedule.

SEC. 907. PROOF OF IDENTITY OF ALIENS SEEKING RELIEF.

    (a) Asylum.--Section 208(b)(2) (8 U.S.C. 1158(b)(2)) is amended by 
adding at the end the following:
                    ``(E) Proof of identity.--No alien may be granted 
                asylum until the alien proves the alien's true identity 
                by clear and convincing evidence.''.
    (b) Adjustment of Status of Refugees.--Section 209 (8 U.S.C. 1159) 
is amended by adding at the end the following:
    ``(d) No alien may have the alien's status adjusted under this 
section until the alien proves the alien's true identity by clear and 
convincing evidence.''.
    (c) Cancellation of Removal.--Section 240A (8 U.S.C. 1229b) is 
amended by adding at the end the following:
    ``(f) Proof of Identity.--No alien may receive relief under this 
section until the alien proves the alien's true identity by clear and 
convincing evidence.''.
    (d) Adjustment of Status of Nonimmigrants.--Section 245 (8 U.S.C. 
1255) is amended--
            (1) by redesignating the subsection (l) added by section 
        1513(f) of Public Law 106-386 (114 Stat. 1536) as subsection 
        (m); and
            (2) by adding at the end the following:
    ``(n) Proof of Identity.--No alien may have the alien's status 
adjusted under this section until the alien proves the alien's true 
identity by clear and convincing evidence.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
relief provided on and after such date.

SEC. 908. FOLLOWING TO JOIN DEFINED.

    Section 101(a) (8 U.S.C. 1101) is amended by adding at the end the 
following:
    ``(51) The term `following to join' when used with respect to a 
spouse or child of an alien, means that the spouse or child departs for 
the United States, in order to reside with the alien, during the 1-year 
period beginning on the date on which the alien is admitted into the 
United States.''.

SEC. 909. INFORMATION ON FOREIGN CRIMES.

    Section 245(a) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following: ``(3) 
        the Attorney General has thoroughly examined the alien's 
        countries of prior residence to determine that the alien has 
        not committed a crime in those countries making the alien 
        inadmissible, and''.
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