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104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-828
_______________________________________________________________________


 
  ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996

                                _______
                                

               September 24, 1996.--Ordered to be printed

_______________________________________________________________________


  Mr. Hyde, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 2202]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
2202) to amend the Immigration and Nationality Act to improve 
deterrence of illegal immigration to the United States by 
increasing border patrol and investigative personnel, by 
increasing penalties for alien smuggling and for document 
fraud, by reforming exclusion and deportation law and 
procedures, by improving the verification system for the 
eligibility for employment, and through other measures, to 
reform the legal immigration system and facilitate legal 
entries into the United States, and for other purposes, having 
met, after full and free conference, have agreed to recommend 
and do recommend to their respective Houses as follows:
      That the House recede from its disagreement to the 
amendment of the Senate and agree to the same with an amendment 
as follows:
      In lieu of the matter proposed to be inserted by the 
Senate amendment, insert the following:

SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT; 
                    APPLICATION OF DEFINITIONS OF SUCH ACT; TABLE OF 
                    CONTENTS; SEVERABILITY.

    (a) Short Title.--This Act may be cited as the ``Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996''.
    (b) Amendments to Immigration and Nationality Act.--Except 
as otherwise specifically provided--
            (1) whenever in this Act an amendment or repeal is 
        expressed as the amendment or repeal of a section or 
        other provision, the reference shall be considered to 
        be made to that section or provision in the Immigration 
        and Nationality Act; and
            (2) amendments to a section or other provision are 
        to such section or other provision before any amendment 
        made to such section or other provision elsewhere in 
        this Act.
    (c) Application of Certain Definitions.--Except as 
otherwise specifically provided in this Act, for purposes of 
titles I and VI of this Act, the terms ``alien'', ``Attorney 
General'', ``border crossing identification card'', ``entry'', 
``immigrant'', ``immigrant visa'', ``lawfully admitted for 
permanent residence'', ``national'', ``naturalization'', 
``refugee'', ``State'', and ``United States'' shall have the 
meaning given such terms in section 101(a) of the Immigration 
and Nationality Act.
    (d) Table of Contents.--The table of contents for this Act 
is as follows:

Sec. 1. Short title; amendments to Immigration and Nationality Act; 
          application of definitions of such Act; table of contents.

 TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL ENTRY, 
                        AND INTERIOR ENFORCEMENT

             Subtitle A--Improved Enforcement at the Border

Sec. 101. Border patrol agents and support personnel.
Sec. 102. Improvement of barriers at border.
Sec. 103. Improved border equipment and technology.
Sec. 104. Improvement in border crossing identification card.
Sec. 105. Civil penalties for illegal entry.
Sec. 106. Hiring and training standards.
Sec. 107. Report on border strategy.
Sec. 108. Criminal penalties for high speed flights from immigration 
          checkpoints.
Sec. 109. Joint study of automated data collection.
Sec. 110. Automated entry-exit control system.
Sec. 111. Submission of final plan on realignment of border patrol 
          positions from interior stations.
Sec. 112. Nationwide fingerprinting of apprehended aliens.

                 Subtitle B--Facilitation of Legal Entry

Sec. 121. Land border inspectors.
Sec. 122. Land border inspection and automated permit pilot projects.
Sec. 123. Preinspection at foreign airports.
Sec. 124. Training of airline personnel in detection of fraudulent 
          documents.
Sec. 125. Preclearance authority.

                    Subtitle C--Interior Enforcement

Sec. 131. Authorization of appropriations for increase in number of 
          certain investigators.
Sec. 132. Authorization of appropriations for increase in number of 
          investigators of visa overstayers.
Sec. 133. Acceptance of State services to carry out immigration 
          enforcement.
Sec. 134. Minimum State INS presence.

 TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING; 
                             DOCUMENT FRAUD

 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

Sec. 201. Wiretap authority for investigations of alien smuggling or 
          document fraud.
Sec. 202. Racketeering offenses relating to alien smuggling.
Sec. 203. Increased criminal penalties for alien smuggling.
Sec. 204. Increased number of assistant United States Attorneys.
Sec. 205. Undercover investigation authority.

                Subtitle B--Deterrence of Document Fraud

Sec. 211. Increased criminal penalties for fraudulent use of government-
          issued documents.
Sec. 212. New document fraud offenses; new civil penalties for document 
          fraud.
Sec. 213. New criminal penalty for failure to disclose role as preparer 
          of false application for immigration benefits.
Sec. 214. Criminal penalty for knowingly presenting document which fails 
          to contain reasonable basis in law or fact.
Sec. 215. Criminal penalty for false claim to citizenship.
Sec. 216. Criminal penalty for voting by aliens in Federal election.
Sec. 217. Criminal forfeiture for passport and visa related offenses.
Sec. 218. Penalties for involuntary servitude.
Sec. 219. Admissibility of videotaped witness testimony.
Sec. 220. Subpoena authority in document fraud enforcement.

   TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND 
              REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS

        Subtitle A--Revision of Procedures for Removal of Aliens

Sec. 301. Treating persons present in the United States without 
          authorization as not admitted.
Sec. 302. Inspection of aliens; expedited removal of inadmissible 
          arriving aliens; referral for hearing (revised section 235).
Sec. 303. Apprehension and detention of aliens not lawfully in the 
          United States (revised section 236).
Sec. 304. Removal proceedings; cancellation of removal and adjustment of 
          status; voluntary departure (revised and new sections 239 to 
          240C).
Sec. 305. Detention and removal of aliens ordered removed (new section 
          241).
Sec. 306. Appeals from orders of removal (new section 242).
Sec. 307. Penalties relating to removal (revised section 243).
Sec. 308. Redesignation and reorganization of other provisions; 
          additional conforming amendments.
Sec. 309. Effective dates; transition.

                  Subtitle B--Criminal Alien Provisions

Sec. 321. Amended definition of aggravated felony.
Sec. 322. Definition of conviction and term of imprisonment.
Sec. 323. Authorizing registration of aliens on criminal probation or 
          criminal parole.
Sec. 324. Penalty for reentry of deported aliens.
Sec. 325. Change in filing requirement.
Sec. 326. Criminal alien identification system.
Sec. 327. Appropriations for criminal alien tracking center.
Sec. 328. Provisions relating to State criminal alien assistance 
          program.
Sec. 329. Demonstration project for identification of illegal aliens in 
          incarceration facility of Anaheim, California.
Sec. 330. Prisoner transfer treaties.
Sec. 331. Prisoner transfer treaties study.
Sec. 332. Annual report on criminal aliens.
Sec. 333. Penalties for conspiring with or assisting an alien to commit 
          an offense under the Controlled Substances Import and Export 
          Act.
Sec. 334. Enhanced penalties for failure to depart, illegal reentry, and 
          passport and visa fraud.

      Subtitle C--Revision of Grounds for Exclusion and Deportation

Sec. 341. Proof of vaccination requirement for immigrants.
Sec. 342. Incitement of terrorist activity and provision of false 
          documentation to terrorists as a basis for exclusion from the 
          United States.
Sec. 343. Certification requirements for foreign health-care workers.
Sec. 344. Removal of aliens falsely claiming United States citizenship.
Sec. 345. Waiver of exclusion and deportation ground for certain section 
          274C violators.
Sec. 346. Inadmissibility of certain student visa abusers.
Sec. 347. Removal of aliens who have unlawfully voted.
Sec. 348. Waivers for immigrants convicted of crimes.
Sec. 349. Waiver of misrepresentation ground of inadmissibility for 
          certain alien.
Sec. 350. Offenses of domestic violence and stalking as ground for 
          deportation.
Sec. 351. Clarification of date as of which relationship required for 
          waiver from exclusion or deportation for smuggling.
Sec. 352. Exclusion of former citizens who renounced citizenship to 
          avoid United States taxation.
Sec. 353. References to changes elsewhere in Act.

      Subtitle D--Changes in Removal of Alien Terrorist Provisions

Sec. 354. Treatment of classified information.
Sec. 355. Exclusion of representatives of terrorists organizations.
Sec. 356. Standard for judicial review of terrorist organization 
          designations.
Sec. 357. Removal of ancillary relief for voluntary departure.
Sec. 358. Effective date.

                  Subtitle E--Transportation of Aliens

Sec. 361. Definition of stowaway.
Sec. 362. Transportation contracts.

                    Subtitle F--Additional Provisions

Sec. 371. Immigration judges and compensation.
Sec. 372. Delegation of immigration enforcement authority.
Sec. 373. Powers and duties of the Attorney General and the 
          Commissioner.
Sec. 374. Judicial deportation.
Sec. 375. Limitation on adjustment of status.
Sec. 376. Treatment of certain fees.
Sec. 377. Limitation on legalization litigation.
Sec. 378. Rescission of lawful permanent resident status.
Sec. 379. Administrative review of orders.
Sec. 380. Civil penalties for failure to depart.
Sec. 381. Clarification of district court jurisdiction.
Sec. 382. Application of additional civil penalties to enforcement.
Sec. 383. Exclusion of certain aliens from family unity program.
Sec. 384. Penalties for disclosure of information.
Sec. 385. Authorization of additional funds for removal of aliens.
Sec. 386. Increase in INS detention facilities; report on detention 
          space.
Sec. 387. Pilot program on use of closed military bases for the 
          detention of inadmissible or deportable aliens.
Sec. 388. Report on interior repatriation program.

        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

   Subtitle A--Pilot Programs for Employment Eligibility Confirmation

Sec. 401. Establishment of programs.
Sec. 402. Voluntary election to participate in a pilot program.
Sec. 403. Procedures for participants in pilot programs.
Sec. 404. Employment eligibility confirmation system.
Sec. 405. Reports.

       Subtitle B--Other Provisions Relating to Employer Sanctions

Sec. 411. Limiting liability for certain technical violations of 
          paperwork requirements.
Sec. 412. Paperwork and other changes in the employer sanctions program.
Sec. 413. Report on additional authority or resources needed for 
          enforcement of employer sanctions provisions.
Sec. 414. Reports on earnings of aliens not authorized to work.
Sec. 415. Authorizing maintenance of certain information on aliens.
Sec. 416. Subpoena authority.

       Subtitle C--Unfair Immigration-Related Employment Practices

Sec. 421. Treatment of certain documentary practices as unfair 
          immigration-related employment practices.

              TITLE V--RESTRICTIONS ON BENEFITS FOR ALIENS

Sec. 500. Statements of national policy concerning public benefits and 
          immigration.

 Subtitle A--Ineligibility of Excludable, Deportable, and Nonimmigrant 
               Aliens From Public Assistance and Benefits

Sec. 501. Means-tested public benefits.
Sec. 502. Grants, contracts, and licenses.
Sec. 503. Unemployment benefits.
Sec. 504. Social security benefits.
Sec. 505. Requiring proof of identity for certain public assistance.
Sec. 506. Authorization for States to require proof of eligibility for 
          State programs.
Sec. 507. Limitation on eligibility for preferential treatment of aliens 
          not lawfully present on basis of residence for higher 
          education benefits.
Sec. 508. Verification of student eligibility for postsecondary Federal 
          student financial assistance.
Sec. 509. Verification of immigration status for purposes of social 
          security and higher educational assistance.
Sec. 510. No verification requirement for nonprofit charitable 
          organizations.
Sec. 511. GAO study of provision of means-tested public benefits to 
          ineligible aliens on behalf of eligible individuals.

 Subtitle B--Expansion of Disqualification From Immigration Benefits on 
                       the Basis of Public Charge

Sec. 531. Ground for exclusion.
Sec. 532. Ground for deportation.

       Subtitle C--Affidavits of Support and Attribution of Income

Sec. 551. Requirements for sponsor's affidavit of support.
Sec. 552. Attribution of sponsor's income and resources to sponsored 
          immigrants.
Sec. 553. Attribution of sponsor's income and resources authority for 
          State and local governments.
Sec. 554. Authority of States and political subdivisions of States to 
          limit assistance to aliens and to distinguish among classes of 
          aliens in providing general cash public assistance.

                  Subtitle D--Miscellaneous Provisions

Sec. 561. Increased maximum criminal penalties for forging or 
          counterfeiting seal of a Federal department or agency to 
          facilitate benefit fraud by an unlawful alien.
Sec. 562. Computation of targeted assistance.
Sec. 563. Treatment of expenses subject to emergency medical services 
          exception.
Sec. 564. Reimbursement of States and localities for emergency ambulance 
          services.
Sec. 565. Pilot programs to require bonding.
Sec. 566. Reports.

                     Subtitle E--Housing Assistance

Sec. 571. Short title.
Sec. 572. Prorating of financial assistance.
Sec. 573. Actions in cases of termination of financial assistance.
Sec. 574. Verification of immigration status and eligibility for 
          financial assistance.
Sec. 575. Prohibition of sanctions against entities making financial 
          assistance eligibility determinations.
Sec. 576. Regulations.
Sec. 577. Report on housing assistance programs.

                     Subtitle F--General Provisions

Sec. 591. Effective dates.
Sec. 592. Statutory construction.
Sec. 593. Not applicable to foreign assistance.
Sec. 594. Notification.
Sec. 595. Definitions.

                   TITLE VI--MISCELLANEOUS PROVISIONS

                Subtitle A--Refugees, Parole, and Asylum

Sec. 601. Persecution for resistance to coercive population control 
          methods.
Sec. 602. Limitation on use of parole.
Sec. 603. Treatment of long-term parolees in applying worldwide 
          numerical limitations.
Sec. 604. Asylum reform.
Sec. 605. Increase in asylum officers.
Sec. 606. Conditional repeal of Cuban Adjustment Act.

Subtitle B--Miscellaneous Amendments to the Immigration and Nationality 
                                   Act

Sec. 621. Alien witness cooperation.
Sec. 622. Waiver of foreign country residence requirement with respect 
          to international medical graduates.
Sec. 623. Use of legalization and special agricultural worker 
          information.
Sec. 624. Continued validity of labor certifications and classification 
          petitions for professional athletes.
Sec. 625. Foreign students.
Sec. 626. Services to family members of certain officers and agents 
          killed in the line of duty.

    Subtitle C--Provisions Relating to Visa Processing and Consular 
                               Efficiency

Sec. 631. Validity of period of visas.
Sec. 632. Elimination of consulate shopping for visa overstays.
Sec. 633. Authority to determine visa processing procedures.
Sec. 634. Changes regarding visa application process.
Sec. 635. Visa waiver program.
Sec. 636. Fee for diversity immigrant lottery.
Sec. 637. Eligibility for visas for certain Polish applicants for the 
          1995 diversity immigrant program.

                      Subtitle D--Other Provisions

Sec. 641. Program to collect information relating to nonimmigrant 
          foreign students.
Sec. 642. Communication between government agencies and the Immigration 
          and Naturalization Service.
Sec. 643. Regulations regarding habitual residence.
Sec. 644. Information regarding female genital mutilation.
Sec. 645. Criminalization of female genital mutilation.
Sec. 646. Adjustment of status for certain Polish and Hungarian 
          parolees.
Sec. 647. Support of demonstration projects.
Sec. 648. Sense of Congress regarding American-made products; 
          requirements regarding notice.
Sec. 649. Vessel movement controls during immigration emergency.
Sec. 650. Review of practices of testing entities.
Sec. 651. Designation of a United States customs administrative 
          building.
Sec. 652. Mail-order bride business.
Sec. 653. Review and report on H-2A nonimmigrant workers program.
Sec. 654. Report on allegations of harassment by Canadian customs 
          agents.
Sec. 655. Sense of Congress on discriminatory application of New 
          Brunswick provincial sales tax.
Sec. 656. Improvements in identification-related documents.
Sec. 657. Development of prototype of counterfeit-resistant Social 
          Security card.
Sec. 658. Border Patrol Museum.
Sec. 659. Sense of the Congress regarding the mission of the Immigration 
          and Naturalization Service.
Sec. 660. Authority for National Guard to assist in transportation of 
          certain aliens.

                    Subtitle E--Technical Corrections

Sec. 671. Miscellaneous technical corrections.
    (e) Severability.--If any provision of this Act or the 
application of such provision to any person or circumstances is 
held to be unconstitutional, the remainder of this Act and the 
application of the provisions of this Act to any person or 
circumstance shall not be affected thereby.

 TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL ENTRY, 
                        AND INTERIOR ENFORCEMENT

             Subtitle A--Improved Enforcement at the Border

SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.

    (a) Increased Number of Border Patrol Agents.--The Attorney 
General in each of fiscal years 1997, 1998, 1999, 2000, and 
2001 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 such positions for which funds were allotted for the 
preceding fiscal year.
    (b) Increase in Border Patrol Support Personnel.--The 
Attorney General, in each of fiscal years 1997, 1998, 1999, 
2000, and 2001, may increase by 300 the number of positions for 
personnel in support of border patrol agents above the number 
of such positions for which funds were allotted for the 
preceding fiscal year.
    (c) Deployment of Border Patrol Agents.--The Attorney 
General shall, to the maximum extent practicable, ensure that 
additional border patrol agents shall be deployed among 
Immigration and Naturalization Service sectors along the border 
in proportion to the level of illegal crossing of the borders 
of the United States measured in each sector during the 
preceding fiscal year and reasonably anticipated in the next 
fiscal year.
    (d) Forward Deployment.--
            (1) In general.--The Attorney General shall forward 
        deploy existing border patrol agents in those areas of 
        the border identified as areas of high illegal entry 
        into the United States in order to provide a uniform 
        and visible deterrent to illegal entry on a continuing 
        basis. The previous sentence shall not apply to border 
        patrol agents located at checkpoints.
            (2) Preservation of law enforcement functions and 
        capabilities in interior states.--The Attorney General 
        shall, when deploying border patrol personnel from 
        interior stations to border stations, coordinate with, 
        and act in conjunction with, State and local law 
        enforcement agencies to ensure that such deployment 
        does not degrade or compromise the law enforcement 
        capabilities and functions currently performed at 
        interior border patrol stations.
            (3) Report.--Not later than 6 months after the date 
        of the enactment of this Act, the Attorney General 
        shall submit to the Committees on the Judiciary of the 
        House of Representatives and of the Senate a report 
        on--
                    (A) the progress and effectiveness of the 
                forward deployment under paragraph (1); and
                    (B) the measures taken to comply with 
                paragraph (2).

SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.

    (a) In General.--The Attorney General, in consultation with 
the Commissioner of Immigration and Naturalization, shall take 
such actions as may be necessary to install additional physical 
barriers and roads (including the removal of obstacles to 
detection of illegal entrants) in the vicinity of the United 
States border to deter illegal crossings in areas of high 
illegal entry into the United States.
    (b) Construction of Fencing and Road Improvements in the 
Border Area Near San Diego, California.--
            (1) In general.--In carrying out subsection (a), 
        the Attorney General shall provide for the construction 
        along the 14 miles of the international land border of 
        the United States, starting at the Pacific Ocean and 
        extending eastward, of second and third fences, in 
        addition to the existing reinforced fence, and for 
        roads between the fences.
            (2) Prompt acquisition of necessary easements.--The 
        Attorney General, acting under the authority conferred 
        in section 103(b) of the Immigration and Nationality 
        Act (as inserted by subsection (d)), shall promptly 
        acquire such easements as may be necessary to carry out 
        this subsection and shall commence construction of 
        fences immediately following such acquisition (or 
        conclusion of portions thereof).
            (3) Safety features.--The Attorney General, while 
        constructing the additional fencing under this 
        subsection, shall incorporate such safety features into 
        the design of the fence system as are necessary to 
        ensure the well-being of border patrol agents deployed 
        within or in near proximity to the system.
            (4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this 
        subsection not to exceed $12,000,000. Amounts 
        appropriated under this paragraph are authorized to 
        remain available until expended.
    (c) Waiver.--The provisions of the Endangered Species Act 
of 1973 and the National Environmental Policy Act of 1969 are 
waived to the extent the Attorney General determines necessary 
to ensure expeditious construction of the barriers and roads 
under this section.
    (d) Land Acquisition Authority.--
            (1) In general.--Section 103 (8 U.S.C. 1103) is 
        amended--
                    (A) by redesignating subsections (b), (c), 
                and (d) as subsections (c), (d), and (e), 
                respectively; and
                    (B) by inserting after subsection (a) the 
                following:
    ``(b)(1) The Attorney General may contract for or buy any 
interest in land, including temporary use rights, adjacent to 
or in the vicinity of an international land border when the 
Attorney General deems the land essential to control and guard 
the boundaries and borders of the United States against any 
violation of this Act.
    ``(2) The Attorney General may contract for or buy any 
interest in land identified pursuant to paragraph (1) as soon 
as the lawful owner of that interest fixes a price for it and 
the Attorney General considers that price to be reasonable.
    ``(3) When the Attorney General and the lawful owner of an 
interest identified pursuant to paragraph (1) are unable to 
agree upon a reasonable price, the Attorney General may 
commence condemnation proceedings pursuant to the Act of August 
1, 1888 (Chapter 728; 25 Stat. 357).
    ``(4) The Attorney General may accept for the United States 
a gift of any interest in land identified pursuant to paragraph 
(1).''.
            (2) Conforming amendment.--Section 103(e) (as so 
        redesignated by paragraph (1)(A)) is amended by 
        striking ``subsection (c)'' and inserting ``subsection 
        (d)''.

SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.

    The Attorney General is authorized to acquire and use, for 
the purpose of detection, interdiction, and reduction of 
illegal immigration into the United States, any Federal 
equipment (including fixed wing aircraft, helicopters, four-
wheel drive vehicles, sedans, night vision goggles, night 
vision scopes, and sensor units) determined available for 
transfer by any other agency of the Federal Government upon 
request of the Attorney General.

SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION CARD.

    (a) In General.--Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is 
amended by adding at the end the following: ``Such regulations 
shall provide that (A) each such document include a biometric 
identifier (such as the fingerprint or handprint of the alien) 
that is machine readable and (B) an alien presenting a border 
crossing identification card is not permitted to cross over the 
border into the United States unless the biometric identifier 
contained on the card matches the appropriate biometric 
characteristic of the alien.''.
    (b) Effective Dates.--
            (1) Clause a.--Clause (A) of the sentence added by 
        the amendment made by subsection (a) shall apply to 
        documents issued on or after 18 months after the date 
        of the enactment of this Act.
            (2) Clause b.--Clause (B) of such sentence shall 
        apply to cards presented on or after 3 years after the 
        date of the enactment of this Act.

SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.

    (a) In General.--Section 275 (8 U.S.C. 1325) is amended--
            (1) by redesignating subsections (b) and (c) as 
        subsections (c) and (d), respectively; and
            (2) by inserting after subsection (a) the 
        following:
    ``(b) 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 $50 and not more than $250 for each 
        such entry (or attempted entry); or
            ``(2) twice 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.''.
    (b) Effective Date.--The amendments made by subsection (a) 
shall apply to illegal entries or attempts to enter occurring 
on or after the first day of the sixth month beginning after 
the date of the enactment of this Act.

SEC. 106. HIRING AND TRAINING STANDARDS.

    (a) Review of Hiring Standards.--Not later than 60 days 
after the date of the enactment of this Act, the Attorney 
General shall complete a review of all prescreening and hiring 
standards used by the Commissioner of Immigration and 
Naturalization, and, where necessary, revise such standards to 
ensure that they are consistent with relevant standards of 
professionalism.
    (b) Certification.--At the conclusion of each of fiscal 
years 1997, 1998, 1999, 2000, and 2001, the Attorney General 
shall certify in writing to the Committees on the Judiciary of 
the House of Representatives and of the Senate that all 
personnel hired by the Commissioner of Immigration and 
Naturalization for such fiscal year were hired pursuant to the 
appropriate standards, as revised under subsection (a).
    (c) Review of Training Standards.--
            (1) Review.--Not later than 180 days after the date 
        of the enactment of this Act, the Attorney General 
        shall complete a review of the sufficiency of all 
        training standards used by the Commissioner of 
        Immigration and Naturalization.
            (2) Report.--
                    (A) In general.--Not later than 90 days 
                after the completion of the review under 
                paragraph (1), the Attorney General shall 
                submit a report to the Committees on the 
                Judiciary of the House of Representatives and 
                of the Senate on the results of the review, 
                including--
                            (i) a description of the status of 
                        efforts to update and improve training 
                        throughout the Immigration and 
                        Naturalization Service; and
                            (ii) an estimate of when such 
                        efforts are expected to be completed.
                    (B) Areas requiring future review.--The 
                report shall disclose those areas of training 
                that the Attorney General determines require 
                further review in the future.

SEC. 107. 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.

SEC. 108. CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS FROM IMMIGRATION 
                    CHECKPOINTS.

    (a) Findings.--The Congress finds as follows:
            (1) Immigration checkpoints are an important 
        component of the national strategy to prevent illegal 
        immigration.
            (2) Individuals fleeing immigration checkpoints and 
        leading law enforcement officials on high speed vehicle 
        chases endanger law enforcement officers, innocent 
        bystanders, and the fleeing individuals themselves.
            (3) The pursuit of suspects fleeing immigration 
        checkpoints is complicated by overlapping jurisdiction 
        among Federal, State, and local law enforcement 
        officers.
    (b) High Speed Flight from Immigration Checkpoints.--
            (1) In general.--Chapter 35 of title 18, United 
        States Code, is amended by adding at the end the 
        following:

``Sec. 758. High speed flight from immigration checkpoint

    ``Whoever flees or evades a checkpoint operated by the 
Immigration and Naturalization Service, or any other Federal 
law enforcement agency, in a motor vehicle and flees Federal, 
State, or local law enforcement agents in excess of the legal 
speed limit shall be fined under this title, imprisoned not 
more than five years, or both.''.
            (2) Clerical amendment.--The table of sections at 
        the beginning of such chapter is amended by inserting 
        after the item relating to section 757 the following:

``758. High speed flight from immigration checkpoint.''.

    (c) Grounds for Deportation.--Section 241(a)(2)(A) (8 
U.S.C. 1251(a)(2)(A)) is amended--
            (1) by redesignating clause (iv) as clause (v);
            (2) by inserting after clause (iii) the following:
                            ``(iv) High speed flight.--Any 
                        alien who is convicted of a violation 
                        of section 758 of title 18, United 
                        States Code, (relating to high speed 
                        flight from an immigration checkpoint) 
                        is deportable.''; and
            (3) in clause (v) (as so redesignated by paragraph 
        (1)), by striking ``and (iii)'' and inserting ``(iii), 
        and (iv)''.

SEC. 109. JOINT STUDY OF AUTOMATED DATA COLLECTION.

    (a) Study.--The Attorney General, together with the 
Secretary of State, the Secretary of Agriculture, the Secretary 
of the Treasury, and appropriate representatives of the air 
transport industry, shall jointly undertake a study to develop 
a plan for making the transition to automated data collection 
at ports of entry.
    (b) Report.--Nine months after the date of the enactment of 
this Act, the Attorney General shall submit a report to the 
Committees on the Judiciary of the Senate and the House of 
Representatives on the outcome of the joint initiative under 
subsection (a), noting specific areas of agreement and 
disagreement, and recommending further steps to be taken, 
including any suggestions for legislation.

SEC. 110. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.

    (a) System.--Not later than 2 years after the date of the 
enactment of this Act, the Attorney General shall develop an 
automated entry and exit control system that will--
            (1) collect a record of departure for every alien 
        departing the United States and match the records of 
        departure with the record of the alien's arrival in the 
        United States; and
            (2) enable the Attorney General to identify, 
        through on-line searching procedures, lawfully admitted 
        nonimmigrants who remain in the United States beyond 
        the period authorized by the Attorney General.
    (b) Report.--
            (1) Deadline.--Not later than December 31 of each 
        year following the development of the system under 
        subsection (a), the Attorney General shall submit an 
        annual report to the Committees on the Judiciary of the 
        House of Representatives and of the Senate on such 
        system.
            (2) Information.--The report shall include the 
        following information:
                    (A) The number of departure records 
                collected, with an accounting by country of 
                nationality of the departing alien.
                    (B) The number of departure records that 
                were successfully matched to records of the 
                alien's prior arrival in the United States, 
                with an accounting by the alien's country of 
                nationality and by the alien's classification 
                as an immigrant or nonimmigrant.
                    (C) The number of aliens who arrived as 
                nonimmigrants, or as a visitor under the visa 
                waiver program under section 217 of the 
                Immigration and Nationality Act, for whom no 
                matching departure record has been obtained 
                through the system or through other means as of 
                the end of the alien's authorized period of 
                stay, with an accounting by the alien's country 
                of nationality and date of arrival in the 
                United States.
    (c) Use of Information on Overstays.--Information regarding 
aliens who have remained in the United States beyond their 
authorized period of stay identified through the system shall 
be integrated into appropriate data bases of the Immigration 
and Naturalization Service and the Department of State, 
including those used at ports of entry and at consular offices.

SEC. 111. SUBMISSION OF FINAL PLAN ON REALIGNMENT OF BORDER PATROL 
                    POSITIONS FROM INTERIOR STATIONS.

    Not later than November 30, 1996, the Attorney General 
shall submit to the Committees on the Judiciary of the House of 
Representatives and of the Senate a final plan regarding the 
redeployment of border patrol personnel from interior locations 
to the front lines of the border. The final plan shall be 
consistent with the following:
            (1) The preliminary plan regarding such 
        redeployment submitted by the Attorney General on May 
        17, 1996, to the Committee on Appropriations of the 
        House of Representatives and the Committee on 
        Appropriations of the Senate.
            (2) The direction regarding such redeployment 
        provided in the joint explanatory statement of the 
        committee of conference in the conference report to 
        accompany the Omnibus Consolidated Rescissions and 
        Appropriations Act of 1996 (Public Law 104-134).

SEC. 112. NATIONWIDE FINGERPRINTING OF APPREHENDED ALIENS.

    There are authorized to be appropriated such additional 
sums as may be necessary to ensure that the ``IDENT'' program 
(operated by the Immigration and Naturalization Service) is 
expanded to apply to illegal or criminal aliens apprehended 
nationwide.

                Subtitle B--Facilitation of Legal Entry

SEC. 121. LAND BORDER INSPECTORS.

    In order to eliminate undue delay in the thorough 
inspection of persons and vehicles lawfully attempting to enter 
the United States, the Attorney General and the Secretary of 
the Treasury each shall increase, by approximately equal 
numbers in each of fiscal years 1997 and 1998, the number of 
full-time land border inspectors assigned to active duty by the 
Immigration and Naturalization Service and the United States 
Customs Service to a level adequate to assure full staffing 
during peak crossing hours of all border crossing lanes 
currently in use, under construction, or whose construction has 
been authorized by the Congress, except such low-use lanes as 
the Attorney General may designate.

SEC. 122. LAND BORDER INSPECTION AND AUTOMATED PERMIT PILOT PROJECTS.

    (a) Extension of Land Border Inspection Project Authority; 
Establishment of Automated Permit Pilot Projects.--Section 
286(q) is amended--
            (1) by striking the matter preceding paragraph (2) 
        and inserting the following:
    ``(q) Land Border Inspection Fee Account.--(1)(A)(i) 
Notwithstanding any other provision of law, the Attorney 
General is authorized to establish, by regulation, not more 
than 6 projects under which a fee may be charged and collected 
for inspection services provided at one or more land border 
points of entry. Such projects may include the establishment of 
commuter lanes to be made available to qualified United States 
citizens and aliens, as determined by the Attorney General.
    ``(ii) The program authorized in this subparagraph shall 
terminate on September 30, 2000, unless further authorized by 
an Act of Congress.
    ``(iii) This subparagraph shall take effect, with respect 
to any project described in clause (1) that was not authorized 
to be commenced before the date of the enactment of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996, 30 
days after submission of a written plan by the Attorney General 
detailing the proposed implementation of such project.
    ``(iv) The Attorney General shall prepare and submit on a 
quarterly basis, until September 30, 2000, a status report on 
each land border inspection project implemented under this 
subparagraph.
    ``(B) The Attorney General, in consultation with the 
Secretary of the Treasury, may conduct pilot projects to 
demonstrate the use of designated ports of entry after working 
hours through the use of card reading machines or other 
appropriate technology.''; and
            (2) by striking paragraph (5).
    (b) Conforming amendment.--The Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies 
Appropriation Act, 1994 (Public Law 103-121, 107 Stat. 1161) is 
amended by striking the fourth proviso under the heading 
``Immigration and Naturalization Service, Salaries and 
Expenses''.

SEC. 123. PREINSPECTION AT FOREIGN AIRPORTS.

    (a) In General.--The Immigration and Nationality Act is 
amended by inserting after section 235 the following:


                  ``preinspection at foreign airports


    ``Sec. 235A. (a) Establishment of Preinspection Stations.--
            ``(1) New stations.--Subject to paragraph (5), not 
        later than October 31, 1998, the Attorney General, in 
        consultation with the Secretary of State, shall 
        establish and maintain preinspection stations in at 
        least 5 of the foreign airports that are among the 10 
        foreign airports which the Attorney General identifies 
        as serving as last points of departure for the greatest 
        numbers of inadmissible alien passengers who arrive 
        from abroad by air at ports of entry within the United 
        States. Such preinspection stations shall be in 
        addition to any preinspection stations established 
        prior to the date of the enactment of such Act.
            ``(2) Report.--Not later than October 31, 1998, the 
        Attorney General shall report to the Committees on the 
        Judiciary of the House of Representatives and of the 
        Senate on the implementation of paragraph (1).
            ``(3) Data collection.--Not later than November 1, 
        1997, and each subsequent November 1, the Attorney 
        General shall compile data identifying--
                    ``(A) the foreign airports which served as 
                last points of departure for aliens who arrived 
                by air at United States ports of entry without 
                valid documentation during the preceding fiscal 
                years;
                    ``(B) the number and nationality of such 
                aliens arriving from each such foreign airport; 
                and
                    ``(C) the primary routes such aliens 
                followed from their country of origin to the 
                United States.
            ``(4) Additional stations.--Subject to paragraph 
        (5), not later than October 31, 2000, the Attorney 
        General, in consultation with the Secretary of State, 
        shall establish preinspection stations in at least 5 
        additional foreign airports which the Attorney General, 
        in consultation with the Secretary of State, 
        determines, based on the data compiled under paragraph 
        (3) and such other information as may be available, 
        would most effectively reduce the number of aliens who 
        arrive from abroad by air at points of entry within the 
        United States who are inadmissible to the United 
        States. Such preinspection stations shall be in 
        addition to those established prior to the date of the 
        enactment of such Act or pursuant to paragraph (1).
            ``(5) Conditions.--Prior to the establishment of a 
        preinspection station, the Attorney General, in 
        consultation with the Secretary of State, shall ensure 
        that--
                    ``(A) employees of the United States 
                stationed at the preinspection station and 
                their accompanying family members will receive 
                appropriate protection;
                    ``(B) such employees and their families 
                will not be subject to unreasonable risks to 
                their welfare and safety; and
                    ``(C) the country in which the 
                preinspection station is to be established 
                maintains practices and procedures with respect 
                to asylum seekers and refugees in accordance 
                with the Convention Relating to the Status of 
                Refugees (done at Geneva, July 28, 1951), or 
                the Protocol Relating to the Status of Refugees 
                (done at New York, January 31, 1967), or that 
                an alien in the country otherwise has recourse 
                to avenues of protection from return to 
                persecution.
    ``(b) Establishment of Carrier Consultant Program.--The 
Attorney General shall assign additional immigration officers 
to assist air carriers in the detection of fraudulent documents 
at foreign airports which, based on the records maintained 
pursuant to subsection (a)(3), served as a point of departure 
for a significant number of arrivals at United States ports of 
entry without valid documentation, but where no preinspection 
station exists.''.
    (b) Clerical Amendment.--The table of contents is amended 
by inserting after the item relating to section 235 the 
following:

``Sec. 235A.  Preinspection at foreign airports.''.

SEC. 124. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF FRAUDULENT 
                    DOCUMENTS.

    (a) Use of Funds.--
            (1) In general.--Section 286(h)(2)(A) (8 U.S.C. 
        1356(h)(2)(A)) is amended--
                    (A) in clause (iv), by inserting ``, 
                including training of, and technical assistance 
                to, commercial airline personnel regarding such 
                detection'' after ``United States''; and
                    (B) by adding at the end the following:

``The Attorney General shall provide for expenditures for 
training and assistance described in clause (iv) in an amount, 
for any fiscal year, not less than 5 percent of the total of 
the expenses incurred that are described in the previous 
sentence.''.
            (2) Applicability.--The amendments made by 
        paragraph (1) shall apply to expenses incurred during 
        or after fiscal year 1997.
    (b) Compliance With Detection Regulations.--
            (1) In general.--Section 212(f) (8 U.S.C. 1182(f)) 
        is amended by adding at the end the following: 
        ``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.''.
            (2) Deadline.--The Attorney General shall first 
        issue, in proposed form, regulations referred to in the 
        second sentence of section 212(f) of the Immigration 
        and Nationality Act, as added by the amendment made by 
        paragraph (1), not later than 90 days after the date of 
        the enactment of this Act.

SEC. 125. PRECLEARANCE AUTHORITY.

    Section 103(a) of the Immigration and Nationality Act (8 
U.S.C. 1103(a)) is amended by adding at the end the following:

``After consultation with the Secretary of State, the Attorney 
General may authorize officers of a foreign country to be 
stationed at preclearance facilities in the United States for 
the purpose of ensuring that persons traveling from or through 
the United States to that foreign country comply with that 
country's immigration and related laws. Those officers may 
exercise such authority and perform such duties as United 
States immigration officers are authorized to exercise and 
perform in that foreign country under reciprocal agreement, and 
they shall enjoy such reasonable privileges and immunities 
necessary for the performance of their duties as the government 
of their country extends to United States immigration 
officers.''.

                    Subtitle C--Interior Enforcement

SEC. 131. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN NUMBER OF 
                    CERTAIN INVESTIGATORS.

    (a) Authorization.--There are authorized to be appropriated 
such funds as may be necessary to enable the Commissioner of 
Immigration and Naturalization to increase the number of 
investigators and support personnel to investigate potential 
violations of sections 274 and 274A of the Immigration and 
Nationality Act by a number equivalent to 300 full-time active-
duty investigators in each of fiscal years 1997, 1998, and 
1999.
    (b) Allocation of Investigators.--At least one-half of the 
investigators hired with funds made available under subsection 
(a) shall be assigned to investigate potential violations of 
section 274A of the Immigration and Nationality Act.
    (c) Limitation on Overtime.--None of the funds made 
available under subsection (a) shall be available for 
administrative expenses to pay any employee overtime pay in an 
amount in excess of $25,000 for any fiscal year.

SEC. 132. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN NUMBER OF 
                    INVESTIGATORS OF VISA OVERSTAYERS.

    There are authorized to be appropriated such funds as may 
be necessary to enable the Commissioner of Immigration and 
Naturalization to increase the number of investigators and 
support personnel to investigate visa overstayers by a number 
equivalent to 300 full-time active-duty investigators in fiscal 
year 1997.

SEC. 133. ACCEPTANCE OF STATE SERVICES TO CARRY OUT IMMIGRATION 
                    ENFORCEMENT.

    Section 287 (8 U.S.C. 1357) is amended by adding at the end 
the following:
    ``(g)(1) Notwithstanding section 1342 of title 31, United 
States Code, the Attorney General may enter into a written 
agreement with a State, or any political subdivision of a 
State, pursuant to which an officer or employee of the State or 
subdivision, who is determined by the Attorney General to be 
qualified to perform a function of an immigration officer in 
relation to the investigation, apprehension, or detention of 
aliens in the United States (including the transportation of 
such aliens across State lines to detention centers), may carry 
out such function at the expense of the State or political 
subdivision and to the extent consistent with State and local 
law.
    ``(2) An agreement under this subsection shall require that 
an officer or employee of a State or political subdivision of a 
State performing a function under the agreement shall have 
knowledge of, and adhere to, Federal law relating to the 
function, and shall contain a written certification that the 
officers or employees performing the function under the 
agreement have received adequate training regarding the 
enforcement of relevant Federal immigration laws.
    ``(3) In performing a function under this subsection, an 
officer or employee of a State or political subdivision of a 
State shall be subject to the direction and supervision of the 
Attorney General.
    ``(4) In performing a function under this subsection, an 
officer or employee of a State or political subdivision of a 
State may use Federal property or facilities, as provided in a 
written agreement between the Attorney General and the State or 
subdivision.
    ``(5) With respect to each officer or employee of a State 
or political subdivision who is authorized to perform a 
function under this subsection, the specific powers and duties 
that may be, or are required to be, exercised or performed by 
the individual, the duration of the authority of the 
individual, and the position of the agency of the Attorney 
General who is required to supervise and direct the individual, 
shall be set forth in a written agreement between the Attorney 
General and the State or political subdivision.
    ``(6) The Attorney General may not accept a service under 
this subsection if the service will be used to displace any 
Federal employee.
    ``(7) Except as provided in paragraph (8), an officer or 
employee of a State or political subdivision of a State 
performing functions under this subsection shall not be treated 
as a Federal employee for any purpose other than for purposes 
of chapter 81 of title 5, United States Code, (relating to 
compensation for injury) and sections 2671 through 2680 of 
title 28, United States Code (relating to tort claims).
    ``(8) An officer or employee of a State or political 
subdivision of a State acting under color of authority under 
this subsection, or any agreement entered into under this 
subsection, shall be considered to be acting under color of 
Federal authority for purposes of determining the liability, 
and immunity from suit, of the officer or employee in a civil 
action brought under Federal or State law.
    ``(9) Nothing in this subsection shall be construed to 
require any State or political subdivision of a State to enter 
into an agreement with the Attorney General under this 
subsection.
    ``(10) Nothing in this subsection shall be construed to 
require an agreement under this subsection in order for any 
officer or employee of a State or political subdivision of a 
State--
            ``(A) to communicate with the Attorney General 
        regarding the immigration status of any individual, 
        including reporting knowledge that a particular alien 
        is not lawfully present in the United States; or
            ``(B) otherwise to cooperate with the Attorney 
        General in the identification, apprehension, detention, 
        or removal of aliens not lawfully present in the United 
        States.''.

SEC. 134. MINIMUM STATE INS PRESENCE.

    (a) In General.--Section 103 (8 U.S.C. 1103), as amended by 
section 102(e), is further amended by adding at the end the 
following:
    ``(f) The Attorney General shall allocate to each State not 
fewer than 10 full-time active duty agents of the Immigration 
and Naturalization Service to carry out the functions of the 
Service, in order to ensure the effective enforcement of this 
Act.''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect 90 days after the date of the enactment of 
this Act.

 TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING; 
                             DOCUMENT FRAUD

 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

SEC. 201. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN SMUGGLING OR 
                    DOCUMENT FRAUD.

    Section 2516(1) of title 18, United States Code, is 
amended--
            (1) in paragraph (c), by striking ``or section 1992 
        (relating to wrecking trains)'' and inserting ``section 
        1992 (relating to wrecking trains), a felony violation 
        of section 1028 (relating to production of false 
        identification documentation), section 1425 (relating 
        to the procurement of citizenship or nationalization 
        unlawfully), section 1426 (relating to the reproduction 
        of naturalization or citizenship papers), section 1427 
        (relating to the sale of naturalization or citizenship 
        papers), section 1541 (relating to passport issuance 
        without authority), section 1542 (relating to false 
        statements in passport applications), section 1543 
        (relating to forgery or false use of passports), 
        section 1544 (relating to misuse of passports), or 
        section 1546 (relating to fraud and misuse of visas, 
        permits, and other documents)'';
            (2) by striking ``or'' at the end of paragraph (l);
            (3) by redesignating paragraphs (m), (n), and (o) 
        as paragraphs (n), (o), and (p), respectively; and
            (4) by inserting after paragraph (l) the following 
        new paragraph:
            ``(m) a violation of section 274, 277, or 278 of 
        the Immigration and Nationality Act (8 U.S.C. 1324, 
        1327, or 1328) (relating to the smuggling of 
        aliens);''.

SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.

    Section 1961(1) of title 18, United States Code, as amended 
by section 433 of Public Law 104-132, is amended--
            (1) by striking ``if the act indictable under 
        section 1028 was committed for the purpose of financial 
        gain'';
            (2) by inserting ``section 1425 (relating to the 
        procurement of citizenship or nationalization 
        unlawfully), section 1426 (relating to the reproduction 
        of naturalization or citizenship papers), section 1427 
        (relating to the sale of naturalization or citizenship 
        papers),'' after ``section 1344 (relating to financial 
        institution fraud),'';
            (3) by striking ``if the act indictable under 
        section 1542 was committed for the purpose of financial 
        gain'';
            (4) by striking ``if the act indictable under 
        section 1543 was committed for the purpose of financial 
        gain'';
            (5) by striking ``if the act indictable under 
        section 1544 was committed for the purpose of financial 
        gain''; and
            (6) by striking ``if the act indictable under 
        section 1546 was committed for the purpose of financial 
        gain''.

SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

    (a) Commercial Advantage.--Section 274(a)(1)(B)(i) (8 
U.S.C. 1324(a)(1)(B)(i)) is amended by inserting ``or in the 
case of a violation of subparagraph (A) (ii), (iii), or (iv) in 
which the offense was done for the purpose of commercial 
advantage or private financial gain'' after ``subparagraph 
(A)(i)''.
    (b) Additional Offenses.--Section 274(a) (8 U.S.C. 1324(a)) 
is amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``or'' at the end of clause 
                (iii);
                    (B) by striking the comma at the end of 
                clause (iv) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                clause:
            ``(v)(I) engages in any conspiracy to commit any of 
        the preceding acts, or
            ``(II) aids or abets the commission of any of the 
        preceding acts,'';
            (2) in paragraph (1)(B)--
                    (A) in clause (i), by inserting ``or 
                (v)(I)'' after ``(A)(i)'';
                    (B) in clause (ii), by striking ``or (iv)'' 
                and inserting ``(iv), or (v)(II)'';
                    (C) in clause (iii), by striking ``or 
                (iv)'' and inserting ``(iv), or (v)''; and
                    (D) in clause (iv), by striking ``or (iv)'' 
                and inserting ``(iv), or (v)'';
            (3) in paragraph (2)(B), by striking ``be fined'' 
        and all that follows and inserting the following: ``be 
        fined under title 18, United States Code, and shall be 
        imprisoned, in the case of a first or second violation 
        of subparagraph (B)(iii), not more than 10 years, in 
        the case of a first or second violation of subparagraph 
        (B)(i) or (B)(ii), not less than 3 nor more than 10 
        years, and for any other violation, not less than 5 nor 
        more than 15 years.''; and
            (4) by adding at the end the following new 
        paragraph:
    ``(3)(A) Any person who, during any 12-month period, 
knowingly hires for employment at least 10 individuals with 
actual knowledge that the individuals are aliens described in 
subparagraph (B) shall be fined under title 18, United States 
Code, or imprisoned for not more than 5 years, or both.
    ``(B) An alien described in this subparagraph is an alien 
who--
            ``(i) is an unauthorized alien (as defined in 
        section 274A(h)(3)), and
            ``(ii) has been brought into the United States in 
        violation of this subsection.''.
    (c) Smuggling of Aliens Who Will Commit Crimes.--Clause (i) 
of section 274(a)(2)(B) (8 U.S.C. 1324(a)(2)(B)) is amended to 
read as follows:
                    ``(i) an offense committed with the intent 
                or with reason to believe that the alien 
                unlawfully brought into the United States will 
                commit an offense against the United States or 
                any State punishable by imprisonment for more 
                than 1 year,''.
    (d) Applying Certain Penalties on a Per Alien Basis.--
Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by striking 
``for each transaction constituting a violation of this 
paragraph, regardless of the number of aliens involved'' and 
inserting ``for each alien in respect to whom a violation of 
this paragraph occurs''.
    (e) Sentencing Guidelines.--
            (1) In general.--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 offenders convicted of offenses related 
        to smuggling, transporting, harboring, or inducing 
        aliens in violation of section 274(a) (1)(A) or (2) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1324(a)(1)(A), (2)(B)) in accordance with this 
        subsection.
            (2) Requirements.--In carrying out this subsection, 
        the Commission shall, with respect to the offenses 
        described in paragraph (1)--
                    (A) increase the base offense level for 
                such offenses at least 3 offense levels above 
                the applicable level in effect on the date of 
                the enactment of this Act;
                    (B) review the sentencing enhancement for 
                the number of aliens involved (U.S.S.G. 
                2L1.1(b)(2)), and increase the sentencing 
                enhancement by at least 50 percent above the 
                applicable enhancement in effect on the date of 
                the enactment of this Act;
                    (C) impose an appropriate sentencing 
                enhancement upon an offender with 1 prior 
                felony conviction arising out of a separate and 
                prior prosecution for an offense that involved 
                the same or similar underlying conduct as the 
                current offense, to be applied in addition to 
                any sentencing enhancement that would otherwise 
                apply pursuant to the calculation of the 
                defendant's criminal history category;
                    (D) impose an additional appropriate 
                sentencing enhancement upon an offender with 2 
                or more prior felony convictions arising out of 
                separate and prior prosecutions for offenses 
                that involved the same or similar underling 
                conduct as the current offense, to be applied 
                in addition to any sentencing enhancement that 
                would otherwise apply pursuant to the 
                calculation of the defendant's criminal history 
                category;
                    (E) impose an appropriate sentencing 
                enhancement on a defendant who, in the course 
                of committing an offense described in this 
                subsection--
                            (i) murders or otherwise causes 
                        death, bodily injury, or serious bodily 
                        injury to an individual;
                            (ii) uses or brandishes a firearm 
                        or other dangerous weapon; or
                            (iii) engages in conduct that 
                        consciously or recklessly places 
                        another in serious danger of death or 
                        serious bodily injury;
                    (F) consider whether a downward adjustment 
                is appropriate if the offense is a first 
                offense and involves the smuggling only of the 
                alien's spouse or child; and
                    (G) consider whether any other aggravating 
                or mitigating circumstances warrant upward or 
                downward sentencing adjustments.
            (3) Emergency authority to sentencing commission.--
        The Commission shall promulgate the guidelines or 
        amendments provided for under this subsection as soon 
        as practicable in accordance with the procedure set 
        forth in section 21(a) of the Sentencing Act of 1987, 
        as though the authority under that Act had not expired.
    (f) Effective Date.--This section and the amendments made 
by this section shall apply with respect to offenses occurring 
on or after the date of the enactment of this Act.

SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS.

    (a) In General.--The number of Assistant United States 
Attorneys employed by the Department of Justice for the fiscal 
year 1997 shall be increased by at least 25 above the number of 
Assistant United States Attorneys that were authorized to be 
employed as of September 30, 1996.
    (b) Assignment.--Individuals employed to fill the 
additional positions described in subsection (a) shall 
prosecute persons who bring into the United States or harbor 
illegal aliens or violate other criminal statutes involving 
illegal aliens.

SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.

    (a) In General.--Title II is amended by adding at the end 
the following new section:


                  ``undercover investigation authority


    ``Sec. 294. (a) In General.--With respect to any undercover 
investigative operation of the Service which is necessary for 
the detection and prosecution of crimes against the United 
States--
            ``(1) sums appropriated for the Service may be used 
        for leasing space within the United States and the 
        territories and possessions of the United States 
        without regard to the following provisions of law:
                    ``(A) section 3679(a) of the Revised 
                Statutes (31 U.S.C. 1341),
                    ``(B) section 3732(a) of the Revised 
                Statutes (41 U.S.C. 11(a)),
                    ``(C) section 305 of the Act of June 30, 
                1949 (63 Stat. 396; 41 U.S.C. 255),
                    ``(D) the third undesignated paragraph 
                under the heading `Miscellaneous' of the Act of 
                March 3, 1877 (19 Stat. 370; 40 U.S.C. 34),
                    ``(E) section 3648 of the Revised Statutes 
                (31 U.S.C. 3324),
                    ``(F) section 3741 of the Revised Statutes 
                (41 U.S.C. 22), and
                    ``(G) subsections (a) and (c) of section 
                304 of the Federal Property and Administrative 
                Services Act of 1949 (63 Stat. 395; 41 U.S.C. 
                254 (a) and (c));
            ``(2) sums appropriated for the Service may be used 
        to establish or to acquire proprietary corporations or 
        business entities as part of an undercover operation, 
        and to operate such corporations or business entities 
        on a commercial basis, without regard to the provisions 
        of section 304 of the Government Corporation Control 
        Act (31 U.S.C. 9102);
            ``(3) sums appropriated for the Service, and the 
        proceeds from the undercover operation, may be 
        deposited in banks or other financial institutions 
        without regard to the provisions of section 648 of 
        title 18, United States Code, and of section 3639 of 
        the Revised Statutes (31 U.S.C. 3302); and
            ``(4) the proceeds from the undercover operation 
        may be used to offset necessary and reasonable expenses 
        incurred in such operation without regard to the 
        provisions of section 3617 of the Revised Statutes (31 
        U.S.C. 3302).
The authority set forth in this subsection may be exercised 
only upon written certification of the Commissioner, in 
consultation with the Deputy Attorney General, that any action 
authorized by paragraph (1), (2), (3), or (4) is necessary for 
the conduct of the undercover operation.
    ``(b) Disposition of Proceeds No Longer Required.--As soon 
as practicable after the proceeds from an undercover 
investigative operation, carried out under paragraphs (3) and 
(4) of subsection (a), are no longer necessary for the conduct 
of the operation, the proceeds or the balance of the proceeds 
remaining at the time shall be deposited into the Treasury of 
the United States as miscellaneous receipts.
    ``(c) Disposition of Certain Corporations and Business 
Entities.--If a corporation or business entity established or 
acquired as part of an undercover operation under paragraph (2) 
of subsection (a) with a net value of over $50,000 is to be 
liquidated, sold, or otherwise disposed of, the Service, as 
much in advance as the Commissioner or Commissioner's designee 
determines practicable, shall report the circumstances to the 
Attorney General, the Director of the Office of Management and 
Budget, and the Comptroller General. The proceeds of the 
liquidation, sale, or other disposition, after obligations are 
met, shall be deposited in the Treasury of the United States as 
miscellaneous receipts.
    ``(d) Financial Audits.--The Service shall conduct detailed 
financial audits of closed undercover operations on a quarterly 
basis and shall report the results of the audits in writing to 
the Deputy Attorney General.''.
    (b) Clerical Amendment.--The table of contents is amended 
by inserting after the item relating to section 293 the 
following:

``Sec. 294. Undercover investigation authority.''.

                Subtitle B--Deterrence of Document Fraud

SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF 
                    GOVERNMENT-ISSUED DOCUMENTS.

    (a) Fraud and Misuse of Government-Issued Identification 
Documents.--(1) Section 1028(b) of title 18, United States 
Code, is amended--
            (A) in paragraph (1), by inserting ``except as 
        provided in paragraphs (3) and (4),'' after ``(1)'' and 
        by striking ``five years'' and inserting ``15 years'';
            (B) in paragraph (2), by inserting ``except as 
        provided in paragraphs (3) and (4),'' after ``(2)'' and 
        by striking ``and'' at the end;
            (C) by redesignating paragraph (3) as paragraph 
        (5); and
            (D) by inserting after paragraph (2) the following 
        new paragraphs:
            ``(3) a fine under this title or imprisonment for 
        not more than 20 years, or both, if the offense is 
        committed to facilitate a drug trafficking crime (as 
        defined in section 929(a)(2) of this title);
            ``(4) a fine under this title or imprisonment for 
        not more than 25 years, or both, if the offense is 
        committed to facilitate an act of international 
        terrorism (as defined in section 2331(1) of this 
        title); and''.
    (2) Sections 1425 through 1427, sections 1541 through 1544, 
and section 1546(a) of title 18, United States Code, are each 
amended by striking ``imprisoned not more'' and all that 
follows through ``years'' each place it appears and inserting 
the following: ``imprisoned not more than 25 years (if the 
offense was committed to facilitate an act of international 
terrorism (as defined in section 2331 of this title)), 20 years 
(if the offense was committed to facilitate a drug trafficking 
crime (as defined in section 929(a) of this title)), 10 years 
(in the case of the first or second such offense, if the 
offense was not committed to facilitate such an act of 
international terrorism or a drug trafficking crime), or 15 
years (in the case of any other offense)''.
    (b) Changes to the Sentencing Levels.--
            (1) In general.--Pursuant to the Commission's 
        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 offenders convicted 
        of violating, or conspiring to violate, sections 
        1028(b)(1), 1425 through 1427, 1541 through 1544, and 
        1546(a) of title 18, United States Code, in accordance 
        with this subsection.
            (2) Requirements.--In carrying out this subsection, 
        the Commission shall, with respect to the offenses 
        referred to in paragraph (1)--
                    (A) increase the base offense level for 
                such offenses at least 2 offense levels above 
                the level in effect on the date of the 
                enactment of this Act;
                    (B) review the sentencing enhancement for 
                number of documents or passports involved 
                (U.S.S.G. 2L2.1(b)(2)), and increase the upward 
                adjustment by at least 50 percent above the 
                applicable enhancement in effect on the date of 
                the enactment of this Act;
                    (C) impose an appropriate sentencing 
                enhancement upon an offender with 1 prior 
                felony conviction arising out of a separate and 
                prior prosecution for an offense that involved 
                the same or similar underlying conduct as the 
                current offense, to be applied in addition to 
                any sentencing enhancement that would otherwise 
                apply pursuant to the calculation of the 
                defendant's criminal history category;
                    (D) impose an additional appropriate 
                sentencing enhancement upon an offender with 2 
                or more prior felony convictions arising out of 
                separate and prior prosecutions for offenses 
                that involved the same or similar underlying 
                conduct as the current offense, to be applied 
                in addition to any sentencing enhancement that 
                would otherwise apply pursuant to the 
                calculation of the defendant's criminal history 
                category; and
                    (E) consider whether any other aggravating 
                or mitigating circumstances warrant upward or 
                downward sentencing adjustments.
            (3) Emergency authority to sentencing commission.--
        The Commission shall promulgate the guidelines or 
        amendments provided for under this subsection as soon 
        as practicable in accordance with the procedure set 
        forth in section 21(a) of the Sentencing Act of 1987, 
        as though the authority under that Act had not expired.
    (c) Effective Date.--This section and the amendments made 
by this section shall apply with respect to offenses occurring 
on or after the date of the enactment of this Act.

SEC. 212. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL PENALTIES FOR DOCUMENT 
                    FRAUD.

    (a) Activities Prohibited.--Section 274C(a) (8 U.S.C. 
1324c(a)) is amended--
            (1) in paragraph (1), by inserting before the comma 
        at the end the following: ``or to obtain a benefit 
        under this Act'';
            (2) in paragraph (2), by inserting before the comma 
        at the end the following: ``or to obtain a benefit 
        under this Act'';
            (3) in paragraph (3)--
                    (A) by inserting ``or with respect to'' 
                after ``issued to'';
                    (B) by adding before the comma at the end 
                the following: ``or obtaining a benefit under 
                this Act''; and
                    (C) by striking ``or'' at the end;
            (4) in paragraph (4)--
                    (A) by inserting ``or with respect to'' 
                after ``issued to'';
                    (B) by adding before the period at the end 
                the following: ``or obtaining a benefit under 
                this Act''; and
                    (C) by striking the period at the end and 
                inserting ``, or''; and
            (5) by adding at the end the following new 
        paragraphs:
            ``(5) to prepare, file, or assist another in 
        preparing or filing, any application for benefits under 
        this Act, or any document required under this Act, or 
        any document submitted in connection with such 
        application or document, with knowledge or in reckless 
        disregard of the fact that such application or document 
        was falsely made or, in whole or in part, does not 
        relate to the person on whose behalf it was or is being 
        submitted, or
            ``(6)(A) to present before boarding a common 
        carrier for the purpose of coming to the United States 
        a document which relates to the alien's eligibility to 
        enter the United States, and (B) to fail to present 
        such document to an immigration officer upon arrival at 
        a United States port of entry.''.
    (b) Definition of Falsely Make.--Section 274C (8 U.S.C. 
1324c), as amended by section 213, is further amended by adding 
at the end the following new subsection:
    ``(f) Falsely Make.--For purposes of this section, the term 
`falsely make' means to prepare or provide an application or 
document, with knowledge or in reckless disregard of the fact 
that the application or document contains a false, fictitious, 
or fraudulent statement or material representation, or has no 
basis in law or fact, or otherwise fails to state a fact which 
is material to the purpose for which it was submitted.''.
    (c) Conforming Amendment.--Section 274C(d)(3) (8 U.S.C. 
1324c(d)(3)) is amended by striking ``each document used, 
accepted, or created and each instance of use, acceptance, or 
creation'' each place it appears and inserting ``each document 
that is the subject of a violation under subsection (a)''.
    (d) Waiver by Attorney General.--Section 274C(d) (8 U.S.C. 
1324c(d)) is amended by adding at the end the following new 
paragraph:
            ``(7) Waiver by attorney general.--The Attorney 
        General may waive the penalties imposed by this section 
        with respect to an alien who knowingly violates 
        subsection (a)(6) if the alien is granted asylum under 
        section 208 or withholding of deportation under section 
        243(h).''.
    (e) Effective Date.--Section 274C(f) of the Immigration and 
Nationality Act, as added by subsection (b), applies to the 
preparation of applications before, on, or after the date of 
the enactment of this Act.

SEC. 213. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE AS 
                    PREPARER OF FALSE APPLICATION FOR IMMIGRATION 
                    BENEFITS.

    Section 274C (8 U.S.C. 1324c) is amended by adding at the 
end the following new subsection:
    ``(e) Criminal Penalties for Failure To Disclose Role as 
Document Preparer.--(1) Whoever, in any matter within the 
jurisdiction of the Service, knowingly and willfully fails to 
disclose, conceals, or covers up the fact that they have, on 
behalf of any person and for a fee or other remuneration, 
prepared or assisted in preparing an application which was 
falsely made (as defined in subsection (f)) for immigration 
benefits, shall be fined in accordance with title 18, United 
States Code, imprisoned for not more than 5 years, or both, and 
prohibited from preparing or assisting in preparing, whether or 
not for a fee or other remuneration, any other such 
application.
    ``(2) Whoever, having been convicted of a violation of 
paragraph (1), knowingly and willfully prepares or assists in 
preparing an application for immigration benefits pursuant to 
this Act, or the regulations promulgated thereunder, whether or 
not for a fee or other remuneration and regardless of whether 
in any matter within the jurisdiction of the Service, shall be 
fined in accordance with title 18, United States Code, 
imprisoned for not more than 15 years, or both, and prohibited 
from preparing or assisting in preparing any other such 
application.''.

SEC. 214. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT WHICH 
                    FAILS TO CONTAIN REASONABLE BASIS IN LAW OR FACT.

    The fourth paragraph of section 1546(a) of title 18, United 
States Code, is amended by striking ``containing any such false 
statement'' and inserting ``which contains any such false 
statement or which fails to contain any reasonable basis in law 
or fact''.

SEC. 215. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP.

    Section 1015 of title 18, United States Code, is amended--
            (1) by striking the dash at the end of paragraph 
        (d) and inserting ``; or'', and
            (2) by inserting after paragraph (d) the following:
    ``(e) Whoever knowingly makes any false statement or claim 
that he is, or at any time has been, a citizen or national of 
the United States, with the intent to obtain on behalf of 
himself, or any other person, any Federal or State benefit or 
service, or to engage unlawfully in employment in the United 
States; or
    ``(f) Whoever knowingly makes any false statement or claim 
that he is a citizen of the United States in order to register 
to vote or to vote in any Federal, State, or local election 
(including an initiative, recall, or referendum)--''.

SEC. 216. CRIMINAL PENALTY FOR VOTING BY ALIENS IN FEDERAL ELECTION.

    (a) In General.--Title 18, United States Code, is amended 
by inserting after section 610 the following:

``Sec. 611. Voting by aliens

    ``(a) It shall be unlawful for any alien to vote in any 
election held solely or in part for the purpose of electing a 
candidate for the office of President, Vice President, 
Presidential elector, Member of the Senate, Member of the House 
of Representatives, Delegate from the District of Columbia, or 
Resident Commissioner, unless--
            ``(1) the election is held partly for some other 
        purpose;
            ``(2) aliens are authorized to vote for such other 
        purpose under a State constitution or statute or a 
        local ordinance; and
            ``(3) voting for such other purpose is conducted 
        independently of voting for a candidate for such 
        Federal offices, in such a manner that an alien has the 
        opportunity to vote for such other purpose, but not an 
        opportunity to vote for a candidate for any one or more 
        of such Federal offices.
    ``(b) Any person who violates this section shall be fined 
under this title, imprisoned not more than one year, or 
both.''.
    (b) Clerical Amendment.--The table of sections at the 
beginning of chapter 29 of title 18, United States Code, is 
amended by inserting after the item relating to section 610 the 
following new item:

``611. Voting by aliens.''.

SEC. 217. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED OFFENSES.

    Section 982(a) of title 18, United States Code, is amended 
by inserting after paragraph (5) the following new paragraph:
    ``(6)(A) The court, in imposing sentence on a person 
convicted of a violation of, or conspiracy to violate, section 
1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of this 
title, or a violation of, or conspiracy to violate, section 
1028 of this title if committed in connection with passport or 
visa issuance or use, shall order that the person forfeit to 
the United States, regardless of any provision of State law--
            ``(i) any conveyance, including any vessel, 
        vehicle, or aircraft used in the commission of a 
        violation of, or a conspiracy to violate, subsection 
        (a); and
            ``(ii) any property real or personal--
                    ``(I) that constitutes, or is derived from 
                or is traceable to the proceeds obtained 
                directly or indirectly from the commission of a 
                violation of, or a conspiracy to violate, 
                subsection (a), section 274A(a)(1) or 
                274A(a)(2) of the Immigration and Nationality 
                Act, or section 1028, 1425, 1426, 1427, 1541, 
                1542, 1543, 1544, or 1546 of this title; or
                    ``(II) that is used to facilitate, or is 
                intended to be used to facilitate, the 
                commission of a violation of, or a conspiracy 
                to violate, subsection (a), section 274A(a)(1) 
                or 274A(a)(2) of the Immigration and 
                Nationality Act, or section 1028, 1425, 1426, 
                1427, 1541, 1542, 1543, 1544, or 1546 of this 
                title.
The court, in imposing sentence on such person, shall order 
that the person forfeit to the United States all property 
described in this subparagraph.
    ``(B) The criminal forfeiture of property under 
subparagraph (A), including any seizure and disposition of the 
property and any related administrative or judicial proceeding, 
shall be governed by the provisions of section 413 of the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. 853), other than subsections (a) and (d) of such section 
413.''.

SEC. 218. CRIMINAL PENALTIES FOR INVOLUNTARY SERVITUDE.

    (a) Amendments to Title 18.--Sections 1581, 1583, 1584, and 
1588 of title 18, United States Code, are amended by striking 
``five'' each place it appears and inserting ``10''.
    (b) Review of Sentencing Guidelines.--The United States 
Sentencing Commission shall ascertain whether there exists an 
unwarranted disparity--
            (1) between the sentences for peonage, involuntary 
        servitude, and slave trade offenses, and the sentences 
        for kidnapping offenses in effect on the date of the 
        enactment of this Act; and
            (2) between the sentences for peonage, involuntary 
        servitude, and slave trade offenses, and the sentences 
        for alien smuggling offenses in effect on the date of 
        the enactment of this Act and after the amendment made 
        by subsection (a).
    (c) Amendment of Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under 
        section 994(p) of title 28, United States Code, the 
        United States Sentencing Commission shall review its 
        guidelines on sentencing for peonage, involuntary 
        servitude, and slave trade offenses under sections 1581 
        through 1588 of title 18, United States Code, and shall 
        amend such guidelines as necessary to--
                    (A) reduce or eliminate any unwarranted 
                disparity found under subsection (b) that 
                exists between the sentences for peonage, 
                involuntary servitude, and slave trade 
                offenses, and the sentences for kidnapping 
                offenses and alien smuggling offenses;
                    (B) ensure that the applicable guidelines 
                for defendants convicted of peonage, 
                involuntary servitude, and slave trade offenses 
                are sufficiently stringent to deter such 
                offenses and adequately reflect the heinous 
                nature of such offenses; and
                    (C) ensure that the guidelines reflect the 
                general appropriateness of enhanced sentences 
                for defendants whose peonage, involuntary 
                servitude, or slave trade offenses involve--
                            (i) a large number of victims;
                            (ii) the use or threatened use of a 
                        dangerous weapon; or
                            (iii) a prolonged period of peonage 
                        or involuntary servitude.
            (2) Emergency authority to sentencing commission.--
        The Commission shall promulgate the guidelines or 
        amendments provided for under this subsection as soon 
        as practicable in accordance with the procedure set 
        forth in section 21(a) of the Sentencing Act of 1987, 
        as though the authority under that Act had not expired.
    (d) Effective Date.--This section and the amendments made 
by this section shall apply with respect to offenses occurring 
on or after the date of the enactment of this Act.

SEC. 219. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY.

    Section 274 (8 U.S.C. 1324) is amended by adding at the end 
thereof the following new subsection:
    ``(d) Notwithstanding any provision of the Federal Rules of 
Evidence, the videotaped (or otherwise audiovisually preserved) 
deposition of a witness to a violation of subsection (a) who 
has been deported or otherwise expelled from the United States, 
or is otherwise unable to testify, may be admitted into 
evidence in an action brought for that violation if the witness 
was available for cross examination and the deposition 
otherwise complies with the Federal Rules of Evidence.''.

SEC. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD ENFORCEMENT.

    Section 274C(d)(1) (8 U.S.C. 1324c(d)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph 
        (A);
            (2) by striking the period at the end of 
        subparagraph (B) and inserting ``, and''; and
            (3) by inserting after subparagraph (B) the 
        following:
                    ``(C) immigration officers designated by 
                the Commissioner may compel by subpoena the 
                attendance of witnesses and the production of 
                evidence at any designated place prior to the 
                filing of a complaint in a case under paragraph 
                (2).''.

   TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND 
             REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS

        Subtitle A--Revision of Procedures for Removal of Aliens

SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES WITHOUT 
                    AUTHORIZATION AS NOT ADMITTED.

    (a) ``Admission'' Defined.--Paragraph (13) of section 
101(a) (8 U.S.C. 1101(a)) is amended to read as follows:
    ``(13)(A) The terms `admission' and `admitted' mean, with 
respect to an alien, the lawful entry of the alien into the 
United States after inspection and authorization by an 
immigration officer.
    ``(B) An alien who is paroled under section 212(d)(5) or 
permitted to land temporarily as an alien crewman shall not be 
considered to have been admitted.
    ``(C) An alien lawfully admitted for permanent residence in 
the United States shall not be regarded as seeking an admission 
into the United States for purposes of the immigration laws 
unless the alien--
            ``(i) has abandoned or relinquished that status,
            ``(ii) has been absent from the United States for a 
        continuous period in excess of 180 days,
            ``(iii) has engaged in illegal activity after 
        having departed the United States,
            ``(iv) has departed from the United States while 
        under legal process seeking removal of the alien from 
        the United States, including removal proceedings under 
        this Act and extradition proceedings,
            ``(v) has committed an offense identified in 
        section 212(a)(2), unless since such offense the alien 
        has been granted relief under section 212(h) or 
        240A(a), or
            ``(vi) is attempting to enter at a time or place 
        other than as designated by immigration officers or has 
        not been admitted to the United States after inspection 
        and authorization by an immigration officer.''.
    (b) Inadmissibility of Aliens Previously Removed and 
Unlawfully Present.--
            (1) In general.--Section 212(a) (8 U.S.C. 1182(a)) 
        is amended by redesignating paragraph (9) as paragraph 
        (10) and by inserting after paragraph (8) the following 
        new paragraph:
            ``(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.
                            ``(iii) Exception.--Clauses (i) and 
                        (ii) shall not apply to an alien 
                        seeking admission within a period if, 
                        prior to the date of the alien's 
                        reembarkation at a place outside the 
                        United States or attempt to be admitted 
                        from foreign contiguous territory, the 
                        Attorney General has consented to the 
                        alien's reapplying for admission.
                    ``(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.
                            ``(v) Waiver.--The Attorney General 
                        has sole discretion to waive clause (i) 
                        in the case of an immigrant who is the 
                        spouse or son or daughter of a United 
                        States citizen or of an alien lawfully 
                        admitted for permanent residence, if it 
                        is established to the satisfaction of 
                        the Attorney General that the refusal 
                        of admission to such immigrant alien 
                        would result in extreme hardship to the 
                        citizen or lawfully resident spouse or 
                        parent of such alien. No court shall 
                        have jurisdiction to review a decision 
                        or action by the Attorney General 
                        regarding a waiver under this clause.
                    ``(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.''.
            (2) Limitation on change of status.--Section 248 (8 
        U.S.C. 1258) is amended by inserting ``and who is not 
        inadmissible under section 212(a)(9)(B)(i) (or whose 
        inadmissibility under such section is waived under 
        section 212(a)(9)(B)(v))'' after ``maintain that 
        status''.
            (3) Treatment of unlawful presence before effective 
        date.--In applying section 212(a)(9)(B) of the 
        Immigration and Nationality Act, as inserted by 
        paragraph (1), no period before the title III-A 
        effective date shall be included in a period of 
        unlawful presence in the United States.
    (c) Revision to Ground of Inadmissibility for Illegal 
Entrants and Immigration Violators.--
            (1) In general.--Subparagraphs (A) and (B) of 
        section 212(a)(6) (8 U.S.C. 1182(a)(6)) are amended to 
        read as follows:
                    ``(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)(a) 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 
                                to such battery or cruelty, or 
                                (b) 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.''.
            (2) Transition for battered spouse or child 
        provision.--The requirements of subclauses (II) and 
        (III) of section 212(a)(6)(A)(ii) of the Immigration 
        and Nationality Act, as inserted by paragraph (1), 
        shall not apply to an alien who demonstrates that the 
        alien first arrived in the United States before the 
        title III-A effective date (described in section 
        309(a)).
    (d) Adjustment in Grounds for Deportation.--Section 241 (8 
U.S.C. 1251), before redesignation as section 237 by section 
305(a)(2), is amended--
            (1) in the matter before paragraph (1) of 
        subsection (a), by striking ``in the United States'' 
        and inserting ``in and admitted to the United States'';
            (2) in subsection (a)(1), by striking 
        ``Excludable'' each place it appears and inserting 
        ``Inadmissible'';
            (3) in subsection (a)(1)(A), by striking 
        ``excludable'' and inserting ``inadmissible''; and
            (4) by amending subparagraph (B) of subsection 
        (a)(1) to read as follows:
                    ``(B) Present in violation of law.--Any 
                alien who is present in the United States in 
                violation of this Act or any other law of the 
                United States is deportable.

SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF INADMISSIBLE 
                    ARRIVING ALIENS; REFERRAL FOR HEARING (REVISED 
                    SECTION 235).

    (a) In General.--Section 235 (8 U.S.C. 1225) is amended to 
read as follows:


``inspection by immigration officers; expedited removal of inadmissible 
                 arriving aliens; referral for hearing


    ``Sec. 235. (a) Inspection.--
            ``(1) Aliens treated as applicants for admission.--
        An alien present in the United States who has not been 
        admitted or who arrives in the United States (whether 
        or not at a designated port of arrival and including an 
        alien who is brought to the United States after having 
        been interdicted in international or United States 
        waters) shall be deemed for purposes of this Act an 
        applicant for admission.
            ``(2) Stowaways.--An arriving alien who is a 
        stowaway is not eligible to apply for admission or to 
        be admitted and shall be ordered removed upon 
        inspection by an immigration officer. Upon such 
        inspection if the alien indicates an intention to apply 
        for asylum under section 208 or a fear of persecution, 
        the officer shall refer the alien for an interview 
        under subsection (b)(1)(B). A stowaway may apply for 
        asylum only if the stowaway is found to have a credible 
        fear of persecution under subsection (b)(1)(B). In no 
        case may a stowaway be considered an applicant for 
        admission or eligible for a hearing under section 240.
            ``(3) Inspection.--All aliens (including alien 
        crewmen) who are applicants for admission or otherwise 
        seeking admission or readmission to or transit through 
        the United States shall be inspected by immigration 
        officers.
            ``(4) Withdrawal of application for admission.--An 
        alien applying for admission may, in the discretion of 
        the Attorney General and at any time, be permitted to 
        withdraw the application for admission and depart 
        immediately from the United States.
            ``(5) Statements.--An applicant for admission may 
        be required to state under oath any information sought 
        by an immigration officer regarding the purposes and 
        intentions of the applicant in seeking admission to the 
        United States, including the applicant's intended 
        length of stay and whether the applicant intends to 
        remain permanently or become a United States citizen, 
        and whether the applicant is inadmissible.
    ``(b) Inspection of Applicants for Admission.--
            ``(1) Inspection of aliens arriving in the united 
        states and certain other aliens who have not been 
        admitted or paroled.--
                    ``(A) Screening.--
                            ``(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 is described in 
                        clause (iii) 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 the alien 
                        indicates either an intention to apply 
                        for asylum under section 208 or a fear 
                        of persecution.
                            ``(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 is described in 
                        clause (iii) 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).
                            ``(iii) Application to certain 
                        other aliens.--
                                    ``(I) In general.--The 
                                Attorney General may apply 
                                clauses (i) and (ii) of this 
                                subparagraph to any or all 
                                aliens described in subclause 
                                (II) as designated by the 
                                Attorney General. Such 
                                designation shall be in the 
                                sole and unreviewable 
                                discretion of the Attorney 
                                General and may be modified at 
                                any time.
                                    ``(II) Aliens described.--
                                An alien described in this 
                                clause is an alien who is not 
                                described in subparagraph (F), 
                                who has not been admitted or 
                                paroled into the United States, 
                                and who has not affirmatively 
                                shown, to the satisfaction of 
                                an immigration officer, that 
                                the alien has been physically 
                                present in the United States 
                                continuously for the 2-year 
                                period immediately prior to the 
                                date of the determination of 
                                inadmissibility under this 
                                subparagraph.
                    ``(B) Asylum interviews.--
                            ``(i) Conduct by asylum officers.--
                        An asylum officer shall conduct 
                        interviews of aliens referred under 
                        subparagraph (A)(ii), either at a port 
                        of entry or at such other place 
                        designated by the Attorney General.
                            ``(ii) Referral of certain 
                        aliens.--If the officer determines at 
                        the time of the interview that an alien 
                        has a credible fear of persecution 
                        (within the meaning of clause (v)), the 
                        alien shall be detained for further 
                        consideration of the application for 
                        asylum.
                            ``(iii) Removal without further 
                        review if no credible fear of 
                        persecution.--
                                    ``(I) In general.--Subject 
                                to subclause (III), if the 
                                officer determines that an 
                                alien does not have a credible 
                                fear of persecution, the 
                                officer shall order the alien 
                                removed from the United States 
                                without further hearing or 
                                review.
                                    ``(II) Record of 
                                determination.--The officer 
                                shall prepare a written record 
                                of a determination under 
                                subclause (I). Such record 
                                shall include a summary of the 
                                material facts as stated by the 
                                applicant, such additional 
                                facts (if any) relied upon by 
                                the officer, and the officer's 
                                analysis of why, in the light 
                                of such facts, the alien has 
                                not established a credible fear 
                                of persecution. A copy of the 
                                officer's interview notes shall 
                                be attached to the written 
                                summary.
                                    ``(III) Review of 
                                determination.--The Attorney 
                                General shall provide by 
                                regulation and upon the alien's 
                                request for prompt review by an 
                                immigration judge of a 
                                determination under subclause 
                                (I) that the alien does not 
                                have a credible fear of 
                                persecution. Such review shall 
                                include an opportunity for the 
                                alien to be heard and 
                                questioned by the immigration 
                                judge, either in person or by 
                                telephonic or video connection. 
                                Review shall be concluded as 
                                expeditiously as possible, to 
                                the maximum extent practicable 
                                within 24 hours, but in no case 
                                later than 7 days after the 
                                date of the determination under 
                                subclause (I).
                                    ``(IV) Mandatory 
                                detention.--Any alien subject 
                                to the procedures under this 
                                clause shall be detained 
                                pending a final determination 
                                of credible fear of persecution 
                                and, if found not to have such 
                                a fear, until removed.
                            ``(iv) Information about 
                        interviews.--The Attorney General shall 
                        provide information concerning the 
                        asylum interview described in this 
                        subparagraph to aliens who may be 
                        eligible. An alien who is eligible for 
                        such interview may consult with a 
                        person or persons of the alien's 
                        choosing prior to the interview or any 
                        review thereof, according to 
                        regulations prescribed by the Attorney 
                        General. Such consultation shall be at 
                        no expense to the Government and shall 
                        not unreasonably delay the process.
                            ``(v) Credible fear of persecution 
                        defined.--For purposes of this 
                        subparagraph, the term `credible fear 
                        of persecution' means that there is a 
                        significant possibility, taking into 
                        account the credibility of the 
                        statements made by the alien in support 
                        of the alien's claim and such other 
                        facts as are known to the officer, that 
                        the alien could establish eligibility 
                        for asylum under section 208.
                    ``(C) Limitation on administrative 
                review.--Except as provided in subparagraph 
                (B)(iii)(III), a removal order entered in 
                accordance with subparagraph (A)(i) or 
                (B)(iii)(I) is not subject to administrative 
                appeal, except that the Attorney General shall 
                provide by regulation for prompt review of such 
                an order under subparagraph (A)(i) against an 
                alien who claims under oath, or as permitted 
                under penalty of perjury under section 1746 of 
                title 28, United States Code, after having been 
                warned of the penalties for falsely making such 
                claim under such conditions, to have been 
                lawfully admitted for permanent residence, to 
                have been admitted as a refugee under section 
                207, or to have been granted asylum under 
                section 208.
                    ``(D) Limit on collateral attacks.--In any 
                action brought against an alien under section 
                275(a) or section 276, the court shall not have 
                jurisdiction to hear any claim attacking the 
                validity of an order of removal entered under 
                subparagraph (A)(i) or (B)(iii).
                    ``(E) Asylum officer defined.--As used in 
                this paragraph, the term `asylum officer' means 
                an immigration officer who--
                            ``(i) has had professional training 
                        in country conditions, asylum law, and 
                        interview techniques comparable to that 
                        provided to full-time adjudicators of 
                        applications under section 208, and
                            ``(ii) is supervised by an officer 
                        who meets the condition described in 
                        clause (i) and has had substantial 
                        experience adjudicating asylum 
                        applications.
                    ``(F) Exception.--Subparagraph (A) shall 
                not apply to an alien who is a native or 
                citizen of a country in the Western Hemisphere 
                with whose government the United States does 
                not have full diplomatic relations and who 
                arrives by aircraft at a port of entry.
            ``(2) Inspection of other aliens.--
                    ``(A) In general.--Subject to subparagraphs 
                (B) and (C), in the case of an alien who is an 
                applicant for admission, if the examining 
                immigration officer determines that an alien 
                seeking admission is not clearly and beyond a 
                doubt entitled to be admitted, the alien shall 
                be detained for a proceeding under section 240.
                    ``(B) Exception.--Subparagraph (A) shall 
                not apply to an alien--
                            ``(i) who is a crewman,
                            ``(ii) to whom paragraph (1) 
                        applies, or
                            ``(iii) who is a stowaway.
                    ``(C) Treatment of aliens arriving from 
                contiguous territory.--In the case of an alien 
                described in subparagraph (A) who is arriving 
                on land (whether or not at a designated port of 
                arrival) from a foreign territory contiguous to 
                the United States, the Attorney General may 
                return the alien to that territory pending a 
                proceeding under section 240.
            ``(3) Challenge of decision.--The decision of the 
        examining immigration officer, if favorable to the 
        admission of any alien, shall be subject to challenge 
        by any other immigration officer and such challenge 
        shall operate to take the alien whose privilege to be 
        admitted is so challenged, before an immigration judge 
        for a proceeding under section 240.
    ``(c) Removal of Aliens Inadmissible on Security and 
Related Grounds.--
            ``(1) Removal without further hearing.--If an 
        immigration officer or an immigration judge suspects 
        that an arriving alien may be inadmissible under 
        subparagraph (A) (other than clause (ii)), (B), or (C) 
        of section 212(a)(3), the officer or judge shall--
                    ``(A) order the alien removed, subject to 
                review under paragraph (2);
                    ``(B) report the order of removal to the 
                Attorney General; and
                    ``(C) not conduct any further inquiry or 
                hearing until ordered by the Attorney General.
            ``(2) Review of order.--(A) The Attorney General 
        shall review orders issued under paragraph (1).
            ``(B) If the Attorney General--
                    ``(i) is satisfied on the basis of 
                confidential information that the alien is 
                inadmissible under subparagraph (A) (other than 
                clause (ii)), (B), or (C) of section 212(a)(3), 
                and
                    ``(ii) after consulting with appropriate 
                security agencies of the United States 
                Government, concludes that disclosure of the 
                information would be prejudicial to the public 
                interest, safety, or security,

        the Attorney General may order the alien removed 
        without further inquiry or hearing by an immigration 
        judge.
            ``(C) If the Attorney General does not order the 
        removal of the alien under subparagraph (B), the 
        Attorney General shall specify the further inquiry or 
        hearing that shall be conducted in the case.
            ``(3) Submission of statement and information.--The 
        alien or the alien's representative may submit a 
        written statement and additional information for 
        consideration by the Attorney General.
    ``(d) Authority Relating to Inspections.--
            ``(1) Authority to search conveyances.--Immigration 
        officers are authorized to board and search any vessel, 
        aircraft, railway car, or other conveyance or vehicle 
        in which they believe aliens are being brought into the 
        United States.
            ``(2) Authority to order detention and delivery of 
        arriving aliens.--Immigration officers are authorized 
        to order an owner, agent, master, commanding officer, 
        person in charge, purser, or consignee of a vessel or 
        aircraft bringing an alien (except an alien crewmember) 
        to the United States--
                    ``(A) to detain the alien on the vessel or 
                at the airport of arrival, and
                    ``(B) to deliver the alien to an 
                immigration officer for inspection or to a 
                medical officer for examination.
            ``(3) Administration of oath and consideration of 
        evidence.--The Attorney General and any immigration 
        officer shall have power to administer oaths and to 
        take and consider evidence of or from any person 
        touching the privilege of any alien or person he 
        believes or suspects to be an alien to enter, reenter, 
        transit through, or reside in the United States or 
        concerning any matter which is material and relevant to 
        the enforcement of this Act and the administration of 
        the Service.
            ``(4) Subpoena authority.--(A) The Attorney General 
        and any immigration officer shall have power to require 
        by subpoena the attendance and testimony of witnesses 
        before immigration officers and the production of 
        books, papers, and documents relating to the privilege 
        of any person to enter, reenter, reside in, or pass 
        through the United States or concerning any matter 
        which is material and relevant to the enforcement of 
        this Act and the administration of the Service, and to 
        that end may invoke the aid of any court of the United 
        States.
            ``(B) Any United States district court within the 
        jurisdiction of which investigations or inquiries are 
        being conducted by an immigration officer may, in the 
        event of neglect or refusal to respond to a subpoena 
        issued under this paragraph or refusal to testify 
        before an immigration officer, issue an order requiring 
        such persons to appear before an immigration officer, 
        produce books, papers, and documents if demanded, and 
        testify, and any failure to obey such order of the 
        court may be punished by the court as a contempt 
        thereof.''.
    (b) GAO Study on Operation of Expedited Removal 
Procedures.--
            (1) Study.--The Comptroller General shall conduct a 
        study on the implementation of the expedited removal 
        procedures under section 235(b)(1) of the Immigration 
        and Nationality Act, as amended by subsection (a). The 
        study shall examine--
                    (A) the effectiveness of such procedures in 
                deterring illegal entry,
                    (B) the detention and adjudication 
                resources saved as a result of the procedures,
                    (C) the administrative and other costs 
                expended to comply with the provision,
                    (D) the effectiveness of such procedures in 
                processing asylum claims by undocumented aliens 
                who assert a fear of persecution, including the 
                accuracy of credible fear determinations, and
                    (E) the cooperation of other countries and 
                air carriers in accepting and returning aliens 
                removed under such procedures.
            (2) Report.--By not later than 18 months after the 
        date of the enactment of this Act, the Comptroller 
        General shall submit to the Committees on the Judiciary 
        of the House of Representatives and the Senate a report 
        on the study conducted under paragraph (1).

SEC. 303. APPREHENSION AND DETENTION OF ALIENS (REVISED SECTION 236).

    (a) In General.--Section 236 (8 U.S.C. 1226) is amended to 
read as follows:


                 ``apprehension and detention of aliens


    ``Sec. 236. (a) Arrest, Detention, and Release.--On a 
warrant issued by the Attorney General, an alien may be 
arrested and detained pending a decision on whether the alien 
is to be removed from the United States. Except as provided in 
subsection (c) and pending such decision, the Attorney 
General--
            ``(1) may continue to detain the arrested alien; 
        and
            ``(2) may release the alien on--
                    ``(A) bond of at least $1,500 with security 
                approved by, and containing conditions 
                prescribed by, the Attorney General; or
                    ``(B) conditional parole; but
            ``(3) may not provide the alien with work 
        authorization (including an `employment authorized' 
        endorsement or other appropriate work permit), unless 
        the alien is lawfully admitted for permanent residence 
        or otherwise would (without regard to removal 
        proceedings) be provided such authorization.
    ``(b) Revocation of Bond or Parole.--The Attorney General 
at any time may revoke a bond or parole authorized under 
subsection (a), rearrest the alien under the original warrant, 
and detain the alien.
    ``(c) Detention of Criminal Aliens.--
            ``(1) Custody.--The Attorney General shall take 
        into custody any alien who--
                    ``(A) is inadmissible by reason of having 
                committed any offense covered in section 
                212(a)(2),
                    ``(B) is deportable by reason of having 
                committed any offense covered in section 
                237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D),
                    ``(C) is deportable under section 
                237(a)(2)(A)(i) on the basis of an offense for 
                which the alien has been sentence to a term of 
                imprisonment of at least 1 year, or
                    ``(D) is inadmissible under section 
                212(a)(3)(B) or deportable under section 
                237(a)(4)(B),
        when the alien is released, without regard to whether 
        the alien is released on parole, supervised release, or 
        probation, and without regard to whether the alien may 
        be arrested or imprisoned again for the same offense.
            ``(2) Release.--The Attorney General may release an 
        alien described in paragraph (1) only if the Attorney 
        General decides pursuant to section 3521 of title 18, 
        United States Code, that release of the alien from 
        custody is necessary to provide protection to a 
        witness, a potential witness, a person cooperating with 
        an investigation into major criminal activity, or an 
        immediate family member or close associate of a 
        witness, potential witness, or person cooperating with 
        such an investigation, and the alien satisfies the 
        Attorney General that the alien will not pose a danger 
        to the safety of other persons or of property and is 
        likely to appear for any scheduled proceeding. A 
        decision relating to such release shall take place in 
        accordance with a procedure that considers the severity 
        of the offense committed by the alien.
    ``(d) Identification of Criminal Aliens.--(1) The Attorney 
General shall devise and implement a system--
            ``(A) to make available, daily (on a 24-hour 
        basis), to Federal, State, and local authorities the 
        investigative resources of the Service to determine 
        whether individuals arrested by such authorities for 
        aggravated felonies are aliens;
            ``(B) to designate and train officers and employees 
        of the Service to serve as a liaison to Federal, State, 
        and local law enforcement and correctional agencies and 
        courts with respect to the arrest, conviction, and 
        release of any alien charged with an aggravated felony; 
        and
            ``(C) which uses computer resources to maintain a 
        current record of aliens who have been convicted of an 
        aggravated felony, and indicates those who have been 
        removed.
    ``(2) The record under paragraph (1)(C) shall be made 
available--
            ``(A) to inspectors at ports of entry and to border 
        patrol agents at sector headquarters for purposes of 
        immediate identification of any alien who was 
        previously ordered removed and is seeking to reenter 
        the United States, and
            ``(B) to officials of the Department of State for 
        use in its automated visa lookout system.
    ``(3) Upon the request of the governor or chief executive 
officer of any State, the Service shall provide assistance to 
State courts in the identification of aliens unlawfully present 
in the United States pending criminal prosecution.
    ``(e) Judicial Review.--The Attorney General's 
discretionary judgment regarding the application of this 
section shall not be subject to review. No court may set aside 
any action or decision by the Attorney General under this 
section regarding the detention or release of any alien or the 
grant, revocation, or denial of bond or parole.''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection 
        (a) shall become effective on the title III-A effective 
        date.
            (2) Notification regarding custody.--If the 
        Attorney General, not later than 10 days after the date 
        of the enactment of this Act, notifies in writing the 
        Committees on the Judiciary of the House of 
        Representatives and the Senate that there is 
        insufficient detention space and Immigration and 
        Naturalization Service personnel available to carry out 
        section 236(c) of the Immigration and Nationality Act, 
        as amended by subsection (a), or the amendments made by 
        section 440(c) of Public Law 104-132, the provisions in 
        paragraph (3) shall be in effect for a 1-year period 
        beginning on the date of such notification, instead of 
        such section or such amendments. The Attorney General 
        may extend such 1-year period for an additional year if 
        the Attorney General provides the same notice not later 
        than 10 days before the end of the first 1-year period. 
        After the end of such 1-year or 2-year periods, the 
        provisions of such section 236(c) shall apply to 
        individuals released after such periods.
            (3) Transition period custody rules.--
                    (A) In general.--During the period in which 
                this paragraph is in effect pursuant to 
                paragraph (2), the Attorney General shall take 
                into custody any alien who--
                            (i) has been convicted of an 
                        aggravated felony (as defined under 
                        section 101(a)(43) of the Immigration 
                        and Nationality Act, as amended by 
                        section 321 of this Act),
                            (ii) is inadmissible by reason of 
                        having committed any offense covered in 
                        section 212(a)(2) of such Act,
                            (iii) is deportable by reason of 
                        having committed any offense covered in 
                        section 241(a)(2)(A)(ii), (A)(iii), 
                        (B), (C), or (D) of such Act (before 
                        redesignation under this subtitle), or
                            (iv) is inadmissible under section 
                        212(a)(3)(B) of such Act or deportable 
                        under section 241(a)(4)(B) of such Act 
                        (before redesignation under this 
                        subtitle),
                when the alien is released, without regard to 
                whether the alien is released on parole, 
                supervised release, or probation, and without 
                regard to whether the alien may be arrested or 
                imprisoned again for the same offense.
                    (B) Release.--The Attorney General may 
                release the alien only if the alien is an alien 
                described in subparagraph (A)(ii) or (A)(iii) 
                and--
                            (i) the alien was lawfully admitted 
                        to the United States and satisfies the 
                        Attorney General that the alien will 
                        not pose a danger to the safety of 
                        other persons or of property and is 
                        likely to appear for any scheduled 
                        proceeding, or
                            (ii) the alien was not lawfully 
                        admitted to the United States, cannot 
                        be removed because the designated 
                        country of removal will not accept the 
                        alien, and satisfies the Attorney 
                        General that the alien will not pose a 
                        danger to the safety of other persons 
                        or of property and is likely to appear 
                        for any scheduled proceeding.

SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF REMOVAL AND ADJUSTMENT 
                    OF STATUS; VOLUNTARY DEPARTURE (REVISED AND NEW 
                    SECTIONS 239 TO 240C).

    (a) In General.--Chapter 4 of title II is amended--
            (1) by redesignating section 239 (8 U.S.C. 1229) as 
        section 234 and by moving such section to immediately 
        follow section 233;
            (2) by redesignating section 240 (8 U.S.C. 1230) as 
        section 240C; and
            (3) by inserting after section 238 the following 
        new sections:


                  ``initiation of removal proceedings


    ``Sec. 239. (a) Notice to Appear.--
            ``(1) In general.--In removal proceedings under 
        section 240, written notice (in this section referred 
        to as a `notice to appear') shall be given in person to 
        the alien (or, if personal service is not practicable, 
        through service by mail to the alien or to the alien's 
        counsel of record, if any) specifying the following:
                    ``(A) The nature of the proceedings against 
                the alien.
                    ``(B) The legal authority under which the 
                proceedings are conducted.
                    ``(C) The acts or conduct alleged to be in 
                violation of law.
                    ``(D) The charges against the alien and the 
                statutory provisions alleged to have been 
                violated.
                    ``(E) The alien may be represented by 
                counsel and the alien will be provided (i) a 
                period of time to secure counsel under 
                subsection (b)(1) and (ii) a current list of 
                counsel prepared under subsection (b)(2).
                    ``(F)(i) The requirement that the alien 
                must immediately provide (or have provided) the 
                Attorney General with a written record of an 
                address and telephone number (if any) at which 
                the alien may be contacted respecting 
                proceedings under section 240.
                    ``(ii) The requirement that the alien must 
                provide the Attorney General immediately with a 
                written record of any change of the alien's 
                address or telephone number.
                    ``(iii) The consequences under section 
                240(b)(5) of failure to provide address and 
                telephone information pursuant to this 
                subparagraph.
                    ``(G)(i) The time and place at which the 
                proceedings will be held.
                    ``(ii) The consequences under section 
                240(b)(5) of the failure, except under 
                exceptional circumstances, to appear at such 
                proceedings.
            ``(2) Notice of change in time or place of 
        proceedings.--
                    ``(A) In general.--In removal proceedings 
                under section 240, in the case of any change or 
                postponement in the time and place of such 
                proceedings, subject to subparagraph (B) a 
                written notice shall be given in person to the 
                alien (or, if personal service is not 
                practicable, through service by mail to the 
                alien or to the alien's counsel of record, if 
                any) specifying--
                            ``(i) the new time or place of the 
                        proceedings, and
                            ``(ii) the consequences under 
                        section 240(b)(5) of failing, except 
                        under exceptional circumstances, to 
                        attend such proceedings.
                    ``(B) Exception.--In the case of an alien 
                not in detention, a written notice shall not be 
                required under this paragraph if the alien has 
                failed to provide the address required under 
                paragraph (1)(F).
            ``(3) Central address files.--The Attorney General 
        shall create a system to record and preserve on a 
        timely basis notices of addresses and telephone numbers 
        (and changes) provided under paragraph (1)(F).
    ``(b) Securing of Counsel.--
            ``(1) In general.--In order that an alien be 
        permitted the opportunity to secure counsel before the 
        first hearing date in proceedings under section 240, 
        the hearing date shall not be scheduled earlier than 10 
        days after the service of the notice to appear, unless 
        the alien requests in writing an earlier hearing date.
            ``(2) Current lists of counsel.--The Attorney 
        General shall provide for lists (updated not less often 
        than quarterly) of persons who have indicated their 
        availability to represent pro bono aliens in 
        proceedings under section 240. Such lists shall be 
        provided under subsection (a)(1)(E) and otherwise made 
        generally available.
            ``(3) Rule of construction.--Nothing in this 
        subsection may be construed to prevent the Attorney 
        General from proceeding against an alien pursuant to 
        section 240 if the time period described in paragraph 
        (1) has elapsed and the alien has failed to secure 
        counsel.
    ``(c) Service by Mail.--Service by mail under this section 
shall be sufficient if there is proof of attempted delivery to 
the last address provided by the alien in accordance with 
subsection (a)(1)(F).
    ``(d) Prompt Initiation of Removal.--(1) In the case of an 
alien who is convicted of an offense which makes the alien 
deportable, the Attorney General shall begin any removal 
proceeding as expeditiously as possible after the date of the 
conviction.
    ``(2) Nothing in this subsection shall be construed to 
create any substantive or procedural right or benefit that is 
legally enforceable by any party against the United States or 
its agencies or officers or any other person.


                         ``removal proceedings


    ``Sec. 240. (a) Proceeding.--
            ``(1) In general.--An immigration judge shall 
        conduct proceedings for deciding the inadmissibility or 
        deportability of an alien.
            ``(2) Charges.--An alien placed in proceedings 
        under this section may be charged with any applicable 
        ground of inadmissibility under section 212(a) or any 
        applicable ground of deportability under section 
        237(a).
            ``(3) Exclusive procedures.--Unless otherwise 
        specified in this Act, a proceeding under this section 
        shall be the sole and exclusive procedure for 
        determining whether an alien may be admitted to the 
        United States or, if the alien has been so admitted, 
        removed from the United States. Nothing in this section 
        shall affect proceedings conducted pursuant to section 
        238.
    ``(b) Conduct of Proceeding.--
            ``(1) Authority of immigration judge.--The 
        immigration judge shall administer oaths, receive 
        evidence, and interrogate, examine, and cross-examine 
        the alien and any witnesses. The immigration judge may 
        issue subpoenas for the attendance of witnesses and 
        presentation of evidence. The immigration judge shall 
        have authority (under regulations prescribed by the 
        Attorney General) to sanction by civil money penalty 
        any action (or inaction) in contempt of the judge's 
        proper exercise of authority under this Act.
            ``(2) Form of proceeding.--
                    ``(A) In general.--The proceeding may take 
                place--
                            ``(i) in person,
                            ``(ii) where agreed to by the 
                        parties, in the absence of the alien,
                            ``(iii) through video conference, 
                        or
                            ``(iv) subject to subparagraph (B), 
                        through telephone conference.
                    ``(B) Consent required in certain cases.--
                An evidentiary hearing on the merits may only 
                be conducted through a telephone conference 
                with the consent of the alien involved after 
                the alien has been advised of the right to 
                proceed in person or through video conference.
            ``(3) Presence of alien.--If it is impracticable by 
        reason of an alien's mental incompetency for the alien 
        to be present at the proceeding, the Attorney General 
        shall prescribe safeguards to protect the rights and 
        privileges of the alien.
            ``(4) Aliens rights in proceeding.--In proceedings 
        under this section, under regulations of the Attorney 
        General--
                    ``(A) the alien shall have the privilege of 
                being represented, at no expense to the 
                Government, by counsel of the alien's choosing 
                who is authorized to practice in such 
                proceedings,
                    ``(B) the alien shall have a reasonable 
                opportunity to examine the evidence against the 
                alien, to present evidence on the alien's own 
                behalf, and to cross-examine witnesses 
                presented by the Government but these rights 
                shall not entitle the alien to examine such 
                national security information as the Government 
                may proffer in opposition to the alien's 
                admission to the United States or to an 
                application by the alien for discretionary 
                relief under this Act, and
                    ``(C) a complete record shall be kept of 
                all testimony and evidence produced at the 
                proceeding.
            ``(5) Consequences of failure to appear.--
                    ``(A) In general.--Any alien who, after 
                written notice required under paragraph (1) or 
                (2) of section 239(a) has been provided to the 
                alien or the alien's counsel of record, does 
                not attend a proceeding under this section, 
                shall be ordered removed in absentia if the 
                Service establishes by clear, unequivocal, and 
                convincing evidence that the written notice was 
                so provided and that the alien is removable (as 
                defined in subsection (e)(2)). The written 
                notice by the Attorney General shall be 
                considered sufficient for purposes of this 
                subparagraph if provided at the most recent 
                address provided under section 239(a)(1)(F).
                    ``(B) No notice if failure to provide 
                address information.--No written notice shall 
                be required under subparagraph (A) if the alien 
                has failed to provide the address required 
                under section 239(a)(1)(F).
                    ``(C) Rescission of order.--Such an order 
                may be rescinded only--
                            ``(i) upon a motion to reopen filed 
                        within 180 days after the date of the 
                        order of removal if the alien 
                        demonstrates that the failure to appear 
                        was because of exceptional 
                        circumstances (as defined in subsection 
                        (e)(1)), or
                            ``(ii) upon a motion to reopen 
                        filed at any time if the alien 
                        demonstrates that the alien did not 
                        receive notice in accordance with 
                        paragraph (1) or (2) of section 239(a) 
                        or the alien demonstrates that the 
                        alien was in Federal or State custody 
                        and the failure to appear was through 
                        no fault of the alien.

                The filing of the motion to reopen described in 
                clause (i) or (ii) shall stay the removal of 
                the alien pending disposition of the motion by 
                the immigration judge.
                    ``(D) Effect on judicial review.--Any 
                petition for review under section 242 of an 
                order entered in absentia under this paragraph 
                shall (except in cases described in section 
                242(b)(5)) be confined to (i) the validity of 
                the notice provided to the alien, (ii) the 
                reasons for the alien's not attending the 
                proceeding, and (iii) whether or not the alien 
                is removable.
                    ``(E) Additional application to certain 
                aliens in contiguous territory.--The preceding 
                provisions of this paragraph shall apply to all 
                aliens placed in proceedings under this 
                section, including any alien who remains in a 
                contiguous foreign territory pursuant to 
                section 235(b)(2)(C).
            ``(6) Treatment of frivolous behavior.--The 
        Attorney General shall, by regulation--
                    ``(A) define in a proceeding before an 
                immigration judge or before an appellate 
                administrative body under this title, frivolous 
                behavior for which attorneys may be sanctioned,
                    ``(B) specify the circumstances under which 
                an administrative appeal of a decision or 
                ruling will be considered frivolous and will be 
                summarily dismissed, and
                    ``(C) impose appropriate sanctions (which 
                may include suspension and disbarment) in the 
                case of frivolous behavior.

        Nothing in this paragraph shall be construed as 
        limiting the authority of the Attorney General to take 
        actions with respect to inappropriate behavior.
            ``(7) Limitation on discretionary relief for 
        failure to appear.--Any alien against whom a final 
        order of removal is entered in absentia under this 
        subsection and who, at the time of the notice described 
        in paragraph (1) or (2) of section 239(a), was provided 
        oral notice, either in the alien's native language or 
        in another language the alien understands, of the time 
        and place of the proceedings and of the consequences 
        under this paragraph of failing, other than because of 
        exceptional circumstances (as defined in subsection 
        (e)(1)) to attend a proceeding under this section, 
        shall not be eligible for relief under section 240A, 
        240B, 245, 248, or 249 for a period of 10 years after 
        the date of the entry of the final order of removal.
    ``(c) Decision and Burden of Proof.--
            ``(1) Decision.--
                    ``(A) In general.--At the conclusion of the 
                proceeding the immigration judge shall decide 
                whether an alien is removable from the United 
                States. The determination of the immigration 
                judge shall be based only on the evidence 
                produced at the hearing.
                    ``(B) Certain medical decisions.--If a 
                medical officer or civil surgeon or board of 
                medical officers has certified under section 
                232(b) that an alien has a disease, illness, or 
                addiction which would make the alien 
                inadmissible under paragraph (1) of section 
                212(a), the decision of the immigration judge 
                shall be based solely upon such certification.
            ``(2) Burden on alien.--In the proceeding the alien 
        has the burden of establishing--
                    ``(A) if the alien is an applicant for 
                admission, that the alien is clearly and beyond 
                doubt entitled to be admitted and is not 
                inadmissible under section 212; or
                    ``(B) by clear and convincing evidence, 
                that the alien is lawfully present in the 
                United States pursuant to a prior admission.

        In meeting the burden of proof under subparagraph (B), 
        the alien shall have access to the alien's visa or 
        other entry document, if any, and any other records and 
        documents, not considered by the Attorney General to be 
        confidential, pertaining to the alien's admission or 
        presence in the United States.
            ``(3) Burden on service in cases of deportable 
        aliens.--
                    ``(A) In general.--In the proceeding the 
                Service has the burden of establishing by clear 
                and convincing evidence that, in the case of an 
                alien who has been admitted to the United 
                States, the alien is deportable. No decision on 
                deportability shall be valid unless it is based 
                upon reasonable, substantial, and probative 
                evidence.
                    ``(B) Proof of convictions.--In any 
                proceeding under this Act, any of the following 
                documents or records (or a certified copy of 
                such an official document or record) shall 
                constitute proof of a criminal conviction:
                            ``(i) An official record of 
                        judgment and conviction.
                            ``(ii) An official record of plea, 
                        verdict, and sentence.
                            ``(iii) A docket entry from court 
                        records that indicates the existence of 
                        the conviction.
                            ``(iv) Official minutes of a court 
                        proceeding or a transcript of a court 
                        hearing in which the court takes notice 
                        of the existence of the conviction.
                            ``(v) An abstract of a record of 
                        conviction prepared by the court in 
                        which the conviction was entered, or by 
                        a State official associated with the 
                        State's repository of criminal justice 
                        records, that indicates the charge or 
                        section of law violated, the 
                        disposition of the case, the existence 
                        and date of conviction, and the 
                        sentence.
                            ``(vi) Any document or record 
                        prepared by, or under the direction of, 
                        the court in which the conviction was 
                        entered that indicates the existence of 
                        a conviction.
                            ``(vii) Any document or record 
                        attesting to the conviction that is 
                        maintained by an official of a State or 
                        Federal penal institution, which is the 
                        basis for that institution's authority 
                        to assume custody of the individual 
                        named in the record.
                    ``(C) Electronic records.--In any 
                proceeding under this Act, any record of 
                conviction or abstract that has been submitted 
                by electronic means to the Service from a State 
                or court shall be admissible as evidence to 
                prove a criminal conviction if it is--
                            ``(i) certified by a State official 
                        associated with the State's repository 
                        of criminal justice records as an 
                        official record from its repository or 
                        by a court official from the court in 
                        which the conviction was entered as an 
                        official record from its repository, 
                        and
                            ``(ii) certified in writing by a 
                        Service official as having been 
                        received electronically from the 
                        State's record repository or the 
                        court's record repository.
                A certification under clause (i) may be by 
                means of a computer-generated signature and 
                statement of authenticity.
            ``(4) Notice.--If the immigration judge decides 
        that the alien is removable and orders the alien to be 
        removed, the judge shall inform the alien of the right 
        to appeal that decision and of the consequences for 
        failure to depart under the order of removal, including 
        civil and criminal penalties.
            ``(5) Motions to reconsider.--
                    ``(A) In general.--The alien may file one 
                motion to reconsider a decision that the alien 
                is removable from the United States.
                    ``(B) Deadline.--The motion must be filed 
                within 30 days of the date of entry of a final 
                administrative order of removal.
                    ``(C) Contents.--The motion shall specify 
                the errors of law or fact in the previous order 
                and shall be supported by pertinent authority.
            ``(6) Motions to reopen.--
                    ``(A) In general.--An alien may file one 
                motion to reopen proceedings under this 
                section.
                    ``(B) Contents.--The motion to reopen shall 
                state the new facts that will be proven at a 
                hearing to be held if the motion is granted, 
                and shall be supported by affidavits or other 
                evidentiary material.
                    ``(C) Deadline.--
                            ``(i) In general.--Except as 
                        provided in this subparagraph, the 
                        motion to reopen shall be filed within 
                        90 days of the date of entry of a final 
                        administrative order of removal.
                            ``(ii) Asylum.--There is no time 
                        limit on the filing of a motion to 
                        reopen if the basis of the motion is to 
                        apply for relief under sections 208 or 
                        241(b)(3) and is based on changed 
                        country conditions arising in the 
                        country of nationality or the country 
                        to which removal has been ordered, if 
                        such evidence is material and was not 
                        available and would not have been 
                        discovered or presented at the previous 
                        proceeding.
                            ``(iii) Failure to appear.--The 
                        filing of a motion to reopen an order 
                        entered pursuant to subsection (b)(5) 
                        is subject to the deadline specified in 
                        subparagraph (C) of such subsection.
    ``(d) Stipulated Removal.--The Attorney General shall 
provide by regulation for the entry by an immigration judge of 
an order of removal stipulated to by the alien (or the alien's 
representative) and the Service. A stipulated order shall 
constitute a conclusive determination of the alien's 
removability from the United States.
    ``(e) Definitions.--In this section and section 240A:
            ``(1) Exceptional circumstances.--The term 
        `exceptional circumstances' refers to exceptional 
        circumstances (such as serious illness of the alien or 
        serious illness or death of the spouse, child, or 
        parent of the alien, but not including less compelling 
        circumstances) beyond the control of the alien.
            ``(2) Removable.--The term `removable' means--
                    ``(A) in the case of an alien not admitted 
                to the United States, that the alien is 
                inadmissible under section 212, or
                    ``(B) in the case of an alien admitted to 
                the United States, that the alien is deportable 
                under section 237.


            ``cancellation of removal; adjustment of status


    ``Sec. 240A. (a) Cancellation of Removal for Certain 
Permanent Residents.--The Attorney General may cancel removal 
in the case of an alien who is inadmissible or deportable from 
the United States if the alien--
            ``(1) has been an alien lawfully admitted for 
        permanent residence for not less than 5 years,
            ``(2) has resided in the United States continuously 
        for 7 years after having been admitted in any status, 
        and
            ``(3) has not been convicted of any aggravated 
        felony.
    ``(b) Cancellation of Removal and Adjustment of Status for 
Certain Nonpermanent Residents.--
            ``(1) In general.--The Attorney General may cancel 
        removal in the case of an alien who is inadmissible or 
        deportable from the United States if the alien--
                    ``(A) has been physically present in the 
                United States for a continuous period of not 
                less than 10 years immediately preceding the 
                date of such application;
                    ``(B) has been a person of good moral 
                character during such period;
                    ``(C) has not been convicted of an offense 
                under section 212(a)(2), 237(a)(2), or 
                237(a)(3); and
                    ``(D) establishes that removal would result 
                in exceptional and extremely unusual hardship 
                to the alien's spouse, parent, or child, who is 
                a citizen of the United States or an alien 
                lawfully admitted for permanent residence.
            ``(2) Special rule for battered spouse or child.--
        The Attorney General may cancel removal in the case of 
        an alien who is inadmissible or deportable from the 
        United States if the alien demonstrates that--
                    ``(A) the alien has been battered or 
                subjected to extreme cruelty in the United 
                States by a spouse or parent who is a United 
                States citizen or lawful permanent resident (or 
                is the parent of a child of a United States 
                citizen or lawful permanent resident and the 
                child has been battered or subjected to extreme 
                cruelty in the United States by such citizen or 
                permanent resident parent);
                    ``(B) the alien has been physically present 
                in the United States for a continuous period of 
                not less than 3 years immediately preceding the 
                date of such application;
                    ``(C) the alien has been a person of good 
                moral character during such period;
                    ``(D) the alien is not inadmissible under 
                paragraph (2) or (3) of section 212(a), is not 
                deportable under paragraph (1)(G) or (2) 
                through (4) of section 237(a), and has not been 
                convicted of an aggravated felony; and
                    ``(E) the removal would result in extreme 
                hardship to the alien, the alien's child, or 
                (in the case of an alien who is a child) to the 
                alien's parent.

        In acting on applications under this paragraph, the 
        Attorney General shall consider any credible evidence 
        relevant to the application. The determination of what 
        evidence is credible and the weight to be given that 
        evidence shall be within the sole discretion of the 
        Attorney General.
            ``(3) Adjustment of status.--The Attorney General 
        may adjust to the status of an alien lawfully admitted 
        for permanent residence any alien who the Attorney 
        General determines meets the requirements of paragraph 
        (1) or (2). The number of adjustments under this 
        paragraph shall not exceed 4,000 for any fiscal year. 
        The Attorney General shall record the alien's lawful 
        admission for permanent residence as of the date the 
        Attorney General's cancellation of removal under 
        paragraph (1) or (2) or determination under this 
        paragraph.
    ``(c) Aliens Ineligible for Relief.--The provisions of 
subsections (a) and (b)(1) shall not apply to any of the 
following aliens:
            ``(1) An alien who entered the United States as a 
        crewman subsequent to June 30, 1964.
            ``(2) An alien who was admitted to the United 
        States as a nonimmigrant exchange alien as defined in 
        section 101(a)(15)(J), or has acquired the status of 
        such a nonimmigrant exchange alien after admission, in 
        order to receive graduate medical education or 
        training, regardless of whether or not the alien is 
        subject to or has fulfilled the two-year foreign 
        residence requirement of section 212(e).
            ``(3) An alien who--
                    ``(A) was admitted to the United States as 
                a nonimmigrant exchange alien as defined in 
                section 101(a)(15)(J) or has acquired the 
                status of such a nonimmigrant exchange alien 
                after admission other than to receive graduate 
                medical education or training,
                    ``(B) is subject to the two-year foreign 
                residence requirement of section 212(e), and
                    ``(C) has not fulfilled that requirement or 
                received a waiver thereof.
            ``(4) An alien who is inadmissible under section 
        212(a)(3) or deportable under section 237(a)(4).
            ``(5) An alien who is described in section 
        241(b)(3)(B)(i).
            ``(6) An alien whose removal has previously been 
        cancelled under this section or whose deportation was 
        suspended under section 244(a) or who has been granted 
        relief under section 212(c), as such sections were in 
        effect before the date of the enactment of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 
        1996.
    ``(d) Special Rules Relating to Continuous Residence or 
Physical Presence.--
            ``(1) Termination of continuous period.--For 
        purposes of this section, any period of continuous 
        residence or continuous physical presence in the United 
        States shall be deemed to end when the alien is served 
        a notice to appear under section 239(a) or when the 
        alien has committed an offense referred to in section 
        212(a)(2) that renders the alien inadmissible to the 
        United States under section 212(a)(2) or removable from 
        the United States under section 237(a)(2) or 237(a)(4), 
        whichever is earliest.
            ``(2) Treatment of certain breaks in presence.--An 
        alien shall be considered to have failed to maintain 
        continuous physical presence in the United States under 
        subsections (b)(1) and (b)(2) if the alien has departed 
        from the United States for any period in excess of 90 
        days or for any periods in the aggregate exceeding 180 
        days.
            ``(3) Continuity not required because of honorable 
        service in armed forces and presence upon entry into 
        service.--The requirements of continuous residence or 
        continuous physical presence in the United States under 
        subsections (a) and (b) shall not apply to an alien 
        who--
                    ``(A) has served for a minimum period of 24 
                months in an active-duty status in the Armed 
                Forces of the United States and, if separated 
                from such service, was separated under 
                honorable conditions, and
                    ``(B) at the time of the alien's enlistment 
                or induction was in the United States.
    ``(e) Annual Limitation.--The Attorney General may not 
cancel the removal and adjust the status under this section, 
nor suspend the deportation and adjust the status under section 
244(a) (as in effect before the enactment of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996), 
of a total of more than 4,000 aliens in any fiscal year. The 
previous sentence shall apply regardless of when an alien 
applied for such cancellation and adjustment and whether such 
an alien had previously applied for suspension of deportation 
under such section 244(a).


                         ``voluntary departure


    ``Sec. 240B. (a) Certain Conditions.--
            ``(1) In general.--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 or prior 
        to the completion of such proceedings, if the alien is 
        not deportable under section 237(a)(2)(A)(iii) or 
        section 237(a)(4)(B).
            ``(2) Period.--Permission to depart voluntarily 
        under this subsection shall not be valid for a period 
        exceeding 120 days.
            ``(3) Bond.--The Attorney General may require an 
        alien permitted to depart voluntarily under this 
        subsection to post a voluntary departure bond, to be 
        surrendered upon proof that the alien has departed the 
        United States within the time specified.
            ``(4) 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, paragraph (1) 
        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).
    ``(b) At Conclusion of Proceedings.--
            ``(1) In general.--The Attorney General may permit 
        an alien voluntarily to depart the United States at the 
        alien's own expense if, at the conclusion of a 
        proceeding under section 240, 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 
                section 237(a)(2)(A)(iii) or section 237(a)(4); 
                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 60 days.
            ``(3) Bond.--An alien permitted to depart 
        voluntarily under this subsection shall be required 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) Aliens Not Eligible.--The Attorney General shall not 
permit an alien to depart voluntarily under this section if the 
alien was previously permitted to so depart after having been 
found inadmissible under section 212(a)(6)(A).
    ``(d) 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.
    ``(e) 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.
    ``(f) Judicial Review.--No court shall have jurisdiction 
over an appeal from denial of a request for an order of 
voluntary departure under subsection (b), nor shall any court 
order a stay of an alien's removal pending consideration of any 
claim with respect to voluntary departure.''.
    (b) Repeal of Section 212(c).--Section 212(c) (8 U.S.C. 
1182(c)) is repealed.
    (c) Streamlining Removal of Criminal Aliens.--
            (1) In general.--Section 242A(b)(4) (8 U.S.C. 
        1252a(b)(4)), as amended by section 442(a) of Public 
        Law 104-132 and before redesignation by section 
        308(b)(5), is amended--
                    (A) by striking subparagraph (D);
                    (B) by amending subparagraph (E) to read as 
                follows:
                    ``(D) a determination is made for the 
                record that the individual upon whom the notice 
                for the proceeding under this section is served 
                (either in person or by mail) is, in fact, the 
                alien named in such notice;''; and
                    (C) by redesignating subparagraphs (F) and 
                (G) as subparagraph (E) and (F), respectively.
            (2) Effective date.--The amendments made by 
        paragraph (1) shall be effective as if included in the 
        enactment of section 442(a) of Public Law 104-132.

SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED (NEW SECTION 
                    241).

    (a) In General.--Title II is further amended--
            (1) by striking section 237 (8 U.S.C. 1227),
            (2) by redesignating section 241 (8 U.S.C. 1251) as 
        section 237 and by moving such section to immediately 
        follow section 236, and
            (3) by inserting after section 240C (as 
        redesignated by section 304(a)(2)) the following new 
        section:


           ``detention and removal of aliens ordered removed


    ``Sec. 241. (a) Detention, Release, and Removal of Aliens 
Ordered Removed.--
            ``(1) Removal period.--
                    ``(A) In general.--Except as otherwise 
                provided in this section, when an alien is 
                ordered removed, the Attorney General shall 
                remove the alien from the United States within 
                a period of 90 days (in this section referred 
                to as the `removal period').
                    ``(B) Beginning of period.--The removal 
                period begins on the latest of the following:
                            ``(i) The date the order of removal 
                        becomes administratively final.
                            ``(ii) If the removal order is 
                        judicially reviewed and if a court 
                        orders a stay of the removal of the 
                        alien, the date of the court's final 
                        order.
                            ``(iii) If the alien is detained or 
                        confined (except under an immigration 
                        process), the date the alien is 
                        released from detention or confinement.
                    ``(C) Suspension of period.--The removal 
                period shall be extended beyond a period of 90 
                days and the alien may remain in detention 
                during such extended period if the alien fails 
                or refuses to make timely application in good 
                faith for travel or other documents necessary 
                to the alien's departure or conspires or acts 
                to prevent the alien's removal subject to an 
                order of removal.
            ``(2) Detention.--During the removal period, the 
        Attorney General shall detain the alien. Under no 
        circumstance during the removal period shall the 
        Attorney General release an alien who has been found 
        inadmissible under section 212(a)(2) or 212(a)(3)(B) or 
        deportable under section 237(a)(2) or 237(a)(4)(B).
            ``(3) Supervision after 90-day period.--If the 
        alien does not leave or is not removed within the 
        removal period, the alien, pending removal, shall be 
        subject to supervision under regulations prescribed by 
        the Attorney General. The regulations shall include 
        provisions requiring the alien--
                    ``(A) to appear before an immigration 
                officer periodically for identification;
                    ``(B) to submit, if necessary, to a medical 
                and psychiatric examination at the expense of 
                the United States Government;
                    ``(C) to give information under oath about 
                the alien's nationality, circumstances, habits, 
                associations, and activities, and other 
                information the Attorney General considers 
                appropriate; and
                    ``(D) to obey reasonable written 
                restrictions on the alien's conduct or 
                activities that the Attorney General prescribes 
                for the alien.
            ``(4) Aliens imprisoned, arrested, or on parole, 
        supervised release, or probation.--
                    ``(A) In general.--Except as provided in 
                section 343(a) of the Public Health Service Act 
                (42 U.S.C. 259(a)) and paragraph (2), the 
                Attorney General may not remove an alien who is 
                sentenced to imprisonment until the alien is 
                released from imprisonment. Parole, supervised 
                release, probation, or possibility of arrest or 
                further imprisonment is not a reason to defer 
                removal.
                    ``(B) Exception for removal of nonviolent 
                offenders prior to completion of sentence of 
                imprisonment.--The Attorney General is 
                authorized to remove an alien in accordance 
                with applicable procedures under this Act 
                before the alien has completed a sentence of 
                imprisonment--
                            ``(i) in the case of an alien in 
                        the custody of the Attorney General, if 
                        the Attorney General determines that 
                        (I) the alien is confined pursuant to a 
                        final conviction for a nonviolent 
                        offense (other than an offense related 
                        to smuggling or harboring of aliens or 
                        an offense described in section 
                        101(a)(43)(B), (C), (E), (I), or (L) 
                        and (II) the removal of the alien is 
                        appropriate and in the best interest of 
                        the United States; or
                            ``(ii) in the case of an alien in 
                        the custody of a State (or a political 
                        subdivision of a State), if the chief 
                        State official exercising authority 
                        with respect to the incarceration of 
                        the alien determines that (I) the alien 
                        is confined pursuant to a final 
                        conviction for a nonviolent offense 
                        (other than an offense described in 
                        section 101(a)(43)(C) or (E)), (II) the 
                        removal is appropriate and in the best 
                        interest of the State, and (III) 
                        submits a written request to the 
                        Attorney General that such alien be so 
                        removed.
                    ``(C) Notice.--Any alien removed pursuant 
                to this paragraph shall be notified of the 
                penalties under the laws of the United States 
                relating to the reentry of deported aliens, 
                particularly the expanded penalties for aliens 
                removed under subparagraph (B).
                    ``(D) No private right.--No cause or claim 
                may be asserted under this paragraph against 
                any official of the United States or of any 
                State to compel the release, removal, or 
                consideration for release or removal of any 
                alien.
            ``(5) Reinstatement of removal orders against 
        aliens illegally reentering.--If the Attorney General 
        finds that an alien has reentered the United States 
        illegally after having been removed or having departed 
        voluntarily, under an order of removal, the prior order 
        of removal is reinstated from its original date and is 
        not subject to being reopened or reviewed, the alien is 
        not eligible and may not apply for any relief under 
        this Act, and the alien shall be removed under the 
        prior order at any time after the reentry.
            ``(6) Inadmissible or criminal aliens.--An alien 
        ordered removed who is inadmissible under section 212, 
        removable under section 237(a)(1)(C), 237(a)(2), or 
        237(a)(4) or who has been determined by the Attorney 
        General to be a risk to the community or unlikely to 
        comply with the order of removal, may be detained 
        beyond the removal period and, if released, shall be 
        subject to the terms of supervision in paragraph (3).
            ``(7) Employment authorization.--No alien ordered 
        removed shall be eligible to receive authorization to 
        be employed in the United States unless the Attorney 
        General makes a specific finding that--
                    ``(A) the alien cannot be removed due to 
                the refusal of all countries designated by the 
                alien or under this section to receive the 
                alien, or
                    ``(B) the removal of the alien is otherwise 
                impracticable or contrary to the public 
                interest.
    ``(b) Countries to Which Aliens May Be Removed.--
            ``(1) Aliens arriving at the united states.--
        Subject to paragraph (3)--
                    ``(A) In general.--Except as provided by 
                subparagraphs (B) and (C), an alien who arrives 
                at the United States and with respect to whom 
                proceedings under section 240 were initiated at 
                the time of such alien's arrival shall be 
                removed to the country in which the alien 
                boarded the vessel or aircraft on which the 
                alien arrived in the United States.
                    ``(B) Travel from contiguous territory.--If 
                the alien boarded the vessel or aircraft on 
                which the alien arrived in the United States in 
                a foreign territory contiguous to the United 
                States, an island adjacent to the United 
                States, or an island adjacent to a foreign 
                territory contiguous to the United States, and 
                the alien is not a native, citizen, subject, or 
                national of, or does not reside in, the 
                territory or island, removal shall be to the 
                country in which the alien boarded the vessel 
                that transported the alien to the territory or 
                island.
                    ``(C) Alternative countries.--If the 
                government of the country designated in 
                subparagraph (A) or (B) is unwilling to accept 
                the alien into that country's territory, 
                removal shall be to any of the following 
                countries, as directed by the Attorney General:
                            ``(i) The country of which the 
                        alien is a citizen, subject, or 
                        national.
                            ``(ii) The country in which the 
                        alien was born.
                            ``(iii) The country in which the 
                        alien has a residence.
                            ``(iv) A country with a government 
                        that will accept the alien into the 
                        country's territory if removal to each 
                        country described in a previous clause 
                        of this subparagraph is impracticable, 
                        inadvisable, or impossible.
            ``(2) Other aliens.--Subject to paragraph (3)--
                    ``(A) Selection of country by alien.--
                Except as otherwise provided in this 
                paragraph--
                            ``(i) any alien not described in 
                        paragraph (1) who has been ordered 
                        removed may designate one country to 
                        which the alien wants to be removed, 
                        and
                            ``(ii) the Attorney General shall 
                        remove the alien to the country the 
                        alien so designates.
                    ``(B) Limitation on designation.--An alien 
                may designate under subparagraph (A)(i) a 
                foreign territory contiguous to the United 
                States, an adjacent island, or an island 
                adjacent to a foreign territory contiguous to 
                the United States as the place to which the 
                alien is to be removed only if the alien is a 
                native, citizen, subject, or national of, or 
                has resided in, that designated territory or 
                island.
                    ``(C) Disregarding designation.--The 
                Attorney General may disregard a designation 
                under subparagraph (A)(i) if--
                            ``(i) the alien fails to designate 
                        a country promptly;
                            ``(ii) the government of the 
                        country does not inform the Attorney 
                        General finally, within 30 days after 
                        the date the Attorney General first 
                        inquires, whether the government will 
                        accept the alien into the country;
                            ``(iii) the government of the 
                        country is not willing to accept the 
                        alien into the country; or
                            ``(iv) the Attorney General decides 
                        that removing the alien to the country 
                        is prejudicial to the United States.
                    ``(D) Alternative country.--If an alien is 
                not removed to a country designated under 
                subparagraph (A)(i), the Attorney General shall 
                remove the alien to a country of which the 
                alien is a subject, national, or citizen unless 
                the government of the country--
                            ``(i) does not inform the Attorney 
                        General or the alien finally, within 30 
                        days after the date the Attorney 
                        General first inquires or within 
                        another period of time the Attorney 
                        General decides is reasonable, whether 
                        the government will accept the alien 
                        into the country; or
                            ``(ii) is not willing to accept the 
                        alien into the country.
                    ``(E) Additional removal countries.--If an 
                alien is not removed to a country under the 
                previous subparagraphs of this paragraph, the 
                Attorney General shall remove the alien to any 
                of the following countries:
                            ``(i) The country from which the 
                        alien was admitted to the United 
                        States.
                            ``(ii) The country in which is 
                        located the foreign port from which the 
                        alien left for the United States or for 
                        a foreign territory contiguous to the 
                        United States.
                            ``(iii) A country in which the 
                        alien resided before the alien entered 
                        the country from which the alien 
                        entered the United States.
                            ``(iv) The country in which the 
                        alien was born.
                            ``(v) The country that had 
                        sovereignty over the alien's birthplace 
                        when the alien was born.
                            ``(vi) The country in which the 
                        alien's birthplace is located when the 
                        alien is ordered removed.
                            ``(vii) If impracticable, 
                        inadvisable, or impossible to remove 
                        the alien to each country described in 
                        a previous clause of this subparagraph, 
                        another country whose government will 
                        accept the alien into that country.
                    ``(F) Removal country when united states is 
                at war.--When the United States is at war and 
                the Attorney General decides that it is 
                impracticable, inadvisable, inconvenient, or 
                impossible to remove an alien under this 
                subsection because of the war, the Attorney 
                General may remove the alien--
                            ``(i) to the country that is host 
                        to a government in exile of the country 
                        of which the alien is a citizen or 
                        subject if the government of the host 
                        country will permit the alien's entry; 
                        or
                            ``(ii) if the recognized government 
                        of the country of which the alien is a 
                        citizen or subject is not in exile, to 
                        a country, or a political or 
                        territorial subdivision of a country, 
                        that is very near the country of which 
                        the alien is a citizen or subject, or, 
                        with the consent of the government of 
                        the country of which the alien is a 
                        citizen or subject, to another country.
            ``(3) Restriction on removal to a country where 
        alien's life or freedom would be threatened.--
                    ``(A) In general.--Notwithstanding 
                paragraphs (1) and (2), the Attorney General 
                may not remove an alien to a country if the 
                Attorney General decides that the alien's life 
                or freedom would be threatened in that country 
                because of the alien's race, religion, 
                nationality, membership in a particular social 
                group, or political opinion.
                    ``(B) Exception.--Subparagraph (A) does not 
                apply to an alien deportable under section 
                237(a)(4)(D) or if the Attorney General decides 
                that--
                            ``(i) the alien ordered, incited, 
                        assisted, or otherwise participated in 
                        the persecution of an individual 
                        because of the individual's race, 
                        religion, nationality, membership in a 
                        particular social group, or political 
                        opinion;
                            ``(ii) the alien, having been 
                        convicted by a final judgment of a 
                        particularly serious crime is a danger 
                        to the community of the United States;
                            ``(iii) there are serious reasons 
                        to believe that the alien committed a 
                        serious nonpolitical crime outside the 
                        United States before the alien arrived 
                        in the United States; or
                            ``(iv) there are reasonable grounds 
                        to believe that the alien is a danger 
                        to the security of the United States.

                For purposes of clause (ii), an alien who has 
                been convicted of an aggravated felony (or 
                felonies) for which the alien has been 
                sentenced to an aggregate term of imprisonment 
                of at least 5 years shall be considered to have 
                committed a particularly serious crime. The 
                previous sentence shall not preclude the 
                Attorney General from determining that, 
                notwithstanding the length of sentence imposed, 
                an alien has been convicted of a particularly 
                serious crime. For purposes of clause (iv), an 
                alien who is described in section 237(a)(4)(B) 
                shall be considered to be an alien with respect 
                to whom there are reasonable grounds for 
                regarding as a danger to the security of the 
                United States.
    ``(c) Removal of Aliens Arriving at Port of Entry.--
            ``(1) Vessels and aircraft.--An alien arriving at a 
        port of entry of the United States who is ordered 
        removed either without a hearing under section 
        235(b)(1) or 235(c) or pursuant to proceedings under 
        section 240 initiated at the time of such alien's 
        arrival shall be removed immediately on a vessel or 
        aircraft owned by the owner of the vessel or aircraft 
        on which the alien arrived in the United States, 
        unless--
                    ``(A) it is impracticable to remove the 
                alien on one of those vessels or aircraft 
                within a reasonable time, or
                    ``(B) the alien is a stowaway--
                            ``(i) who has been ordered removed 
                        in accordance with section 235(a)(1),
                            ``(ii) who has requested asylum, 
                        and
                            ``(iii) whose application has not 
                        been adjudicated or whose asylum 
                        application has been denied but who has 
                        not exhausted all appeal rights.
            ``(2) Stay of removal.--
                    ``(A) In general.--The Attorney General may 
                stay the removal of an alien under this 
                subsection if the Attorney General decides 
                that--
                            ``(i) immediate removal is not 
                        practicable or proper; or
                            ``(ii) the alien is needed to 
                        testify in the prosecution of a person 
                        for a violation of a law of the United 
                        States or of any State.
                    ``(B) Payment of detention costs.--During 
                the period an alien is detained because of a 
                stay of removal under subparagraph (A)(ii), the 
                Attorney General may pay from the appropriation 
                `Immigration and Naturalization Service--
                Salaries and Expenses'--
                            ``(i) the cost of maintenance of 
                        the alien; and
                            ``(ii) a witness fee of $1 a day.
                    ``(C) Release during stay.--The Attorney 
                General may release an alien whose removal is 
                stayed under subparagraph (A)(ii) on--
                            ``(i) the alien's filing a bond of 
                        at least $500 with security approved by 
                        the Attorney General;
                            ``(ii) condition that the alien 
                        appear when required as a witness and 
                        for removal; and
                            ``(iii) other conditions the 
                        Attorney General may prescribe.
            ``(3) Costs of detention and maintenance pending 
        removal.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and subsection (d), an owner 
                of a vessel or aircraft bringing an alien to 
                the United States shall pay the costs of 
                detaining and maintaining the alien--
                            ``(i) while the alien is detained 
                        under subsection (d)(1), and
                            ``(ii) in the case of an alien who 
                        is a stowaway, while the alien is being 
                        detained pursuant to--
                                    ``(I) subsection (d)(2)(A) 
                                or (d)(2)(B)(i),
                                    ``(II) subsection (d)(2)(B) 
                                (ii) or (iii) for the period of 
                                time reasonably necessary for 
                                the owner to arrange for 
                                repatriation or removal of the 
                                stowaway, including obtaining 
                                necessary travel documents, but 
                                not to extend beyond the date 
                                on which it is ascertained that 
                                such travel documents cannot be 
                                obtained from the country to 
                                which the stowaway is to be 
                                returned, or
                                    ``(III) section 
                                235(b)(1)(B)(ii), for a period 
                                not to exceed 15 days 
                                (excluding Saturdays, Sundays, 
                                and holidays) commencing on the 
                                first such day which begins on 
                                the earlier of 72 hours after 
                                the time of the initial 
                                presentation of the stowaway 
                                for inspection or at the time 
                                the stowaway is determined to 
                                have a credible fear of 
                                persecution.
                    ``(B) Nonapplication.--Subparagraph (A) 
                shall not apply if--
                            ``(i) the alien is a crewmember;
                            ``(ii) the alien has an immigrant 
                        visa;
                            ``(iii) the alien has a 
                        nonimmigrant visa or other 
                        documentation authorizing the alien to 
                        apply for temporary admission to the 
                        United States and applies for admission 
                        not later than 120 days after the date 
                        the visa or documentation was issued;
                            ``(iv) the alien has a reentry 
                        permit and applies for admission not 
                        later than 120 days after the date of 
                        the alien's last inspection and 
                        admission;
                            ``(v)(I) the alien has a 
                        nonimmigrant visa or other 
                        documentation authorizing the alien to 
                        apply for temporary admission to the 
                        United States or a reentry permit;
                            ``(II) the alien applies for 
                        admission more than 120 days after the 
                        date the visa or documentation was 
                        issued or after the date of the last 
                        inspection and admission under the 
                        reentry permit; and
                            ``(III) the owner of the vessel or 
                        aircraft satisfies the Attorney General 
                        that the existence of the condition 
                        relating to inadmissibility could not 
                        have been discovered by exercising 
                        reasonable care before the alien 
                        boarded the vessel or aircraft; or
                            ``(vi) the individual claims to be 
                        a national of the United States and has 
                        a United States passport.
     ``(d) Requirements of Persons Providing Transportation.--
            ``(1) Removal at time of arrival.--An owner, agent, 
        master, commanding officer, person in charge, purser, 
        or consignee of a vessel or aircraft bringing an alien 
        (except an alien crewmember) to the United States 
        shall--
                    ``(A) receive an alien back on the vessel 
                or aircraft or another vessel or aircraft owned 
                or operated by the same interests if the alien 
                is ordered removed under this part; and
                    ``(B) take the alien to the foreign country 
                to which the alien is ordered removed.
            ``(2) Alien stowaways.--An owner, agent, master, 
        commanding officer, charterer, or consignee of a vessel 
        or aircraft arriving in the United States with an alien 
        stowaway--
                    ``(A) shall detain the alien on board the 
                vessel or aircraft, or at such place as the 
                Attorney General shall designate, until 
                completion of the inspection of the alien by an 
                immigration officer;
                    ``(B) may not permit the stowaway to land 
                in the United States, except pursuant to 
                regulations of the Attorney General 
                temporarily--
                            ``(i) for medical treatment,
                            ``(ii) for detention of the 
                        stowaway by the Attorney General, or
                            ``(iii) for departure or removal of 
                        the stowaway; and
                    ``(C) if ordered by an immigration officer, 
                shall remove the stowaway on the vessel or 
                aircraft or on another vessel or aircraft.
        The Attorney General shall grant a timely request to 
        remove the stowaway under subparagraph (C) on a vessel 
        or aircraft other than that on which the stowaway 
        arrived if the requester has obtained any travel 
        documents necessary for departure or repatriation of 
        the stowaway and removal of the stowaway will not be 
        unreasonably delayed.
            ``(3) Removal upon order.--An owner, agent, master, 
        commanding officer, person in charge, purser, or 
        consignee of a vessel, aircraft, or other 
        transportation line shall comply with an order of the 
        Attorney General to take on board, guard safely, and 
        transport to the destination specified any alien 
        ordered to be removed under this Act.
    ``(e) Payment of Expenses of Removal.--
            ``(1) Costs of removal at time of arrival.--In the 
        case of an alien who is a stowaway or who is ordered 
        removed either without a hearing under section 
        235(a)(1) or 235(c) or pursuant to proceedings under 
        section 240 initiated at the time of such alien's 
        arrival, the owner of the vessel or aircraft (if any) 
        on which the alien arrived in the United States shall 
        pay the transportation cost of removing the alien. If 
        removal is on a vessel or aircraft not owned by the 
        owner of the vessel or aircraft on which the alien 
        arrived in the United States, the Attorney General 
        may--
                    ``(A) pay the cost from the appropriation 
                `Immigration and Naturalization Service--
                Salaries and Expenses'; and
                    ``(B) recover the amount of the cost in a 
                civil action from the owner, agent, or 
                consignee of the vessel or aircraft (if any) on 
                which the alien arrived in the United States.
            ``(2) Costs of removal to port of removal for 
        aliens admitted or permitted to land.--In the case of 
        an alien who has been admitted or permitted to land and 
        is ordered removed, the cost (if any) of removal of the 
        alien to the port of removal shall be at the expense of 
        the appropriation for the enforcement of this Act.
            ``(3) Costs of removal from port of removal for 
        aliens admitted or permitted to land.--
                    ``(A) Through appropriation.--Except as 
                provided in subparagraph (B), in the case of an 
                alien who has been admitted or permitted to 
                land and is ordered removed, the cost (if any) 
                of removal of the alien from the port of 
                removal shall be at the expense of the 
                appropriation for the enforcement of this Act.
                    ``(B) Through owner.--
                            ``(i) In general.--In the case of 
                        an alien described in clause (ii), the 
                        cost of removal of the alien from the 
                        port of removal may be charged to any 
                        owner of the vessel, aircraft, or other 
                        transportation line by which the alien 
                        came to the United States.
                            ``(ii) Aliens described.--An alien 
                        described in this clause is an alien 
                        who--
                                    ``(I) is admitted to the 
                                United States (other than 
                                lawfully admitted for permanent 
                                residence) and is ordered 
                                removed within 5 years of the 
                                date of admission based on a 
                                ground that existed before or 
                                at the time of admission, or
                                    ``(II) is an alien crewman 
                                permitted to land temporarily 
                                under section 252 and is 
                                ordered removed within 5 years 
                                of the date of landing.
                    ``(C) Costs of removal of certain aliens 
                granted voluntary departure.--In the case of an 
                alien who has been granted voluntary departure 
                under section 240B and who is financially 
                unable to depart at the alien's own expense and 
                whose removal the Attorney General deems to be 
                in the best interest of the United States, the 
                expense of such removal may be paid from the 
                appropriation for the enforcement of this Act.
    ``(f) Aliens Requiring Personal Care During Removal.--
            ``(1) In general.--If the Attorney General believes 
        that an alien being removed requires personal care 
        because of the alien's mental or physical condition, 
        the Attorney General may employ a suitable person for 
        that purpose who shall accompany and care for the alien 
        until the alien arrives at the final destination.
            ``(2) Costs.--The costs of providing the service 
        described in paragraph (1) shall be defrayed in the 
        same manner as the expense of removing the accompanied 
        alien is defrayed under this section.
    ``(g) Places of Detention.--
            ``(1) In general.--The Attorney General shall 
        arrange for appropriate places of detention for aliens 
        detained pending removal or a decision on removal. When 
        United States Government facilities are unavailable or 
        facilities adapted or suitably located for detention 
        are unavailable for rental, the Attorney General may 
        expend from the appropriation `Immigration and 
        Naturalization Service--Salaries and Expenses', without 
        regard to section 3709 of the Revised Statutes (41 
        U.S.C. 5), amounts necessary to acquire land and to 
        acquire, build, remodel, repair, and operate facilities 
        (including living quarters for immigration officers if 
        not otherwise available) necessary for detention.
            ``(2) Detention facilities of the immigration and 
        naturalization service.--Prior to initiating any 
        project for the construction of any new detention 
        facility for the Service, the Commissioner shall 
        consider the availability for purchase or lease of any 
        existing prison, jail, detention center, or other 
        comparable facility suitable for such use.
    ``(h) Statutory Construction.--Nothing in this section 
shall be construed to create any substantive or procedural 
right or benefit that is legally enforceable by any party 
against the United States or its agencies or officers or any 
other person.''.
    (b) Reentry of Alien Removed Prior to Completion of Term of 
Imprisonment.--Section 276(b) (8 U.S.C. 1326(b)), as amended by 
section 321(b), is amended--
            (1) by striking ``or'' at the end of paragraph (2),
            (2) by adding ``or'' at the end of paragraph (3), 
        and
            (3) by inserting after paragraph (3) the following 
        new paragraph:
            ``(4) who was removed from the United States 
        pursuant to section 241(a)(4)(B) who thereafter, 
        without the permission of the Attorney General, enters, 
        attempts to enter, or is at any time found in, the 
        United States (unless the Attorney General has 
        expressly consented to such alien's reentry) shall be 
        fined under title 18, United States Code, imprisoned 
        for not more than 10 years, or both.
    (c) Miscellaneous Conforming Amendment.--Section 212(a)(4) 
(8 U.S.C. 1182(a)(4)), as amended by section 621(a), is amended 
by striking ``241(a)(5)(B)'' each place it appears and 
inserting ``237(a)(5)(B)''.

SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SECTION 242).

    (a) In General.--Section 242 (8 U.S.C. 1252) is amended--
            (1) by redesignating subsection (j) as subsection 
        (i) and by moving such subsection and adding it at the 
        end of section 241, as inserted by section 305(a)(3); 
        and
            (2) by amending the remainder of section 242 to 
        read as follows:


                 ``judicial review of orders of removal


    ``Sec. 242. (a) Applicable Provisions.--
            ``(1) General orders of removal.--Judicial review 
        of a final order of removal (other than an order of 
        removal without a hearing pursuant to section 
        235(b)(1)) is governed only by chapter 158 of title 28 
        of the United States Code, except as provided in 
        subsection (b) and except that the court may not order 
        the taking of additional evidence under section 2347(c) 
        of such title.
            ``(2) Matters not subject to judicial review.--
                    ``(A) Review relating to section 
                235(b)(1).--Notwithstanding any other provision 
                of law, no court shall have jurisdiction to 
                review--
                            ``(i) except as provided in 
                        subsection (e), any individual 
                        determination or to entertain any other 
                        cause or claim arising from or relating 
                        to the implementation or operation of 
                        an order of removal pursuant to section 
                        235(b)(1),
                            ``(ii) except as provided in 
                        subsection (e), a decision by the 
                        Attorney General to invoke the 
                        provisions of such section,
                            ``(iii) the application of such 
                        section to individual aliens, including 
                        the determination made under section 
                        235(b)(1)(B), or
                            ``(iv) except as provided in 
                        subsection (e), procedures and policies 
                        adopted by the Attorney General to 
                        implement the provisions of section 
                        235(b)(1).
                    ``(B) Denials of discretionary relief.--
                Notwithstanding any other provision of law, no 
                court shall have jurisdiction to review--
                            ``(i) any judgment regarding the 
                        granting of relief under section 
                        212(h), 212(i), 240A, 240B, or 245, or
                            ``(ii) any other decision or action 
                        of the Attorney General the authority 
                        for which is specified under this title 
                        to be in the discretion of the Attorney 
                        General, other than the granting of 
                        relief under section 208(a).
                    ``(C) Orders against criminal aliens.--
                Notwithstanding any other provision of law, no 
                court shall have jurisdiction to review any 
                final order of removal against an alien who is 
                removable by reason of having committed a 
                criminal offense covered in section 212(a)(2) 
                or 237(a)(2)(A)(iii), (B), (C), or (D), or any 
                offense covered by section 237(a)(2)(A)(ii) for 
                which both predicate offenses are, without 
                regard to their date of commission, otherwise 
                covered by section 237(a)(2)(A)(i).
            ``(3) Treatment of certain decisions.--No alien 
        shall have a right to appeal from a decision of an 
        immigration judge which is based solely on a 
        certification described in section 240(c)(1)(B).
    ``(b) Requirements for Review of Orders of Removal.--With 
respect to review of an order of removal under subsection 
(a)(1), the following requirements apply:
            ``(1) Deadline.--The petition for review must be 
        filed not later than 30 days after the date of the 
        final order of removal.
            ``(2) Venue and forms.--The petition for review 
        shall be filed with the court of appeals for the 
        judicial circuit in which the immigration judge 
        completed the proceedings. The record and briefs do not 
        have to be printed. The court of appeals shall review 
        the proceeding on a typewritten record and on 
        typewritten briefs.
            ``(3) Service.--
                    ``(A) In general.--The respondent is the 
                Attorney General. The petition shall be served 
                on the Attorney General and on the officer or 
                employee of the Service in charge of the 
                Service district in which the final order of 
                removal under section 240 was entered.
                    ``(B) Stay of order.--Service of the 
                petition on the officer or employee does not 
                stay the removal of an alien pending the 
                court's decision on the petition, unless the 
                court orders otherwise.
                    ``(C) Alien's brief.--The alien shall serve 
                and file a brief in connection with a petition 
                for judicial review not later than 40 days 
                after the date on which the administrative 
                record is available, and may serve and file a 
                reply brief not later than 14 days after 
                service of the brief of the Attorney General, 
                and the court may not extend these deadlines 
                except upon motion for good cause shown. If an 
                alien fails to file a brief within the time 
                provided in this paragraph, the court shall 
                dismiss the appeal unless a manifest injustice 
                would result.
            ``(4) Scope and standard for review.--Except as 
        provided in paragraph (5)(B)--
                    ``(A) the court of appeals shall decide the 
                petition only on the administrative record on 
                which the order of removal is based,
                    ``(B) the administrative findings of fact 
                are conclusive unless any reasonable 
                adjudicator would be compelled to conclude to 
                the contrary,
                    ``(C) a decision that an alien is not 
                eligible for admission to the United States is 
                conclusive unless manifestly contrary to law, 
                and
                    ``(D) the Attorney General's discretionary 
                judgment whether to grant relief under section 
                208(a) shall be conclusive unless manifestly 
                contrary to the law and an abuse of discretion.
            ``(5) Treatment of nationality claims.--
                    ``(A) Court determination if no issue of 
                fact.--If the petitioner claims to be a 
                national of the United States and the court of 
                appeals finds from the pleadings and affidavits 
                that no genuine issue of material fact about 
                the petitioner's nationality is presented, the 
                court shall decide the nationality claim.
                    ``(B) Transfer if issue of fact.--If the 
                petitioner claims to be a national of the 
                United States and the court of appeals finds 
                that a genuine issue of material fact about the 
                petitioner's nationality is presented, the 
                court shall transfer the proceeding to the 
                district court of the United States for the 
                judicial district in which the petitioner 
                resides for a new hearing on the nationality 
                claim and a decision on that claim as if an 
                action had been brought in the district court 
                under section 2201 of title 28, United States 
                Code.
                    ``(C) Limitation on determination.--The 
                petitioner may have such nationality claim 
                decided only as provided in this paragraph.
            ``(6) Consolidation with review of motions to 
        reopen or reconsider.--When a petitioner seeks review 
        of an order under this section, any review sought of a 
        motion to reopen or reconsider the order shall be 
        consolidated with the review of the order.
            ``(7) Challenge to validity of orders in certain 
        criminal proceedings.--
                    ``(A) In general.--If the validity of an 
                order of removal has not been judicially 
                decided, a defendant in a criminal proceeding 
                charged with violating section 243(a) may 
                challenge the validity of the order in the 
                criminal proceeding only by filing a separate 
                motion before trial. The district court, 
                without a jury, shall decide the motion before 
                trial.
                    ``(B) Claims of united states 
                nationality.--If the defendant claims in the 
                motion to be a national of the United States 
                and the district court finds that--
                            ``(i) no genuine issue of material 
                        fact about the defendant's nationality 
                        is presented, the court shall decide 
                        the motion only on the administrative 
                        record on which the removal order is 
                        based and the administrative findings 
                        of fact are conclusive if supported by 
                        reasonable, substantial, and probative 
                        evidence on the record considered as a 
                        whole; or
                            ``(ii) a genuine issue of material 
                        fact about the defendant's nationality 
                        is presented, the court shall hold a 
                        new hearing on the nationality claim 
                        and decide that claim as if an action 
                        had been brought under section 2201 of 
                        title 28, United States Code.

                The defendant may have such nationality claim 
                decided only as provided in this subparagraph.
                    ``(C) Consequence of invalidation.--If the 
                district court rules that the removal order is 
                invalid, the court shall dismiss the indictment 
                for violation of section 243(a). The United 
                States Government may appeal the dismissal to 
                the court of appeals for the appropriate 
                circuit within 30 days after the date of the 
                dismissal.
                    ``(D) Limitation on filing petitions for 
                review.--The defendant in a criminal proceeding 
                under section 243(a) may not file a petition 
                for review under subsection (a) during the 
                criminal proceeding.
            ``(8) Construction.--This subsection--
                    ``(A) does not prevent the Attorney 
                General, after a final order of removal has 
                been issued, from detaining the alien under 
                section 241(a);
                    ``(B) does not relieve the alien from 
                complying with section 241(a)(4) and section 
                243(g); and
                    ``(C) does not require the Attorney General 
                to defer removal of the alien.
            ``(9) Consolidation of questions for judicial 
        review.--Judicial review of all questions of law and 
        fact, including interpretation and application of 
        constitutional and statutory provisions, arising from 
        any action taken or proceeding brought to remove an 
        alien from the United States under this title shall be 
        available only in judicial review of a final order 
        under this section.
    ``(c) Requirements for Petition.--A petition for review or 
for habeas corpus of an order of removal--
            ``(1) shall attach a copy of such order, and
            ``(2) shall state whether a court has upheld the 
        validity of the order, and, if so, shall state the name 
        of the court, the date of the court's ruling, and the 
        kind of proceeding.
    ``(d) Review of Final Orders.--A court may review a final 
order of removal only if--
            ``(1) the alien has exhausted all administrative 
        remedies available to the alien as of right, and
            ``(2) another court has not decided the validity of 
        the order, unless the reviewing court finds that the 
        petition presents grounds that could not have been 
        presented in the prior judicial proceeding or that the 
        remedy provided by the prior proceeding was inadequate 
        or ineffective to test the validity of the order.
    ``(e) Judicial Review of Orders Under Section 235(b)(1).--
            ``(1) Limitations on relief.--Without regard to the 
        nature of the action or claim and without regard to the 
        identity of the party or parties bringing the action, 
        no court may--
                    ``(A) enter declaratory, injunctive, or 
                other equitable relief in any action pertaining 
                to an order to exclude an alien in accordance 
                with section 235(b)(1) except as specifically 
                authorized in a subsequent paragraph of this 
                subsection, or
                    ``(B) certify a class under Rule 23 of the 
                Federal Rules of Civil Procedure in any action 
                for which judicial review is authorized under a 
                subsequent paragraph of this subsection.
            ``(2) Habeas corpus proceedings.--Judicial review 
        of any determination made under section 235(b)(1) is 
        available in habeas corpus proceedings, but shall be 
        limited to determinations of--
                    ``(A) whether the petitioner is an alien,
                    ``(B) whether the petitioner was ordered 
                removed under such section, and
                    ``(C) whether the petitioner can prove by a 
                preponderance of the evidence that the 
                petitioner is an alien lawfully admitted for 
                permanent residence, has been admitted as a 
                refugee under section 207, or has been granted 
                asylum under section 208, such status not 
                having been terminated, and is entitled to such 
                further inquiry as prescribed by the Attorney 
                General pursuant to section 235(b)(1)(C).
            ``(3) Challenges on validity of the system.--
                    ``(A) In general.--Judicial review of 
                determinations under section 235(b) and its 
                implementation is available in an action 
                instituted in the United States District Court 
                for the District of Columbia, but shall be 
                limited to determinations of--
                            ``(i) whether such section, or any 
                        regulation issued to implement such 
                        section, is constitutional; or
                            ``(ii) whether such a regulation, 
                        or a written policy directive, written 
                        policy guideline, or written procedure 
                        issued by or under the authority of the 
                        Attorney General to implement such 
                        section, is not consistent with 
                        applicable provisions of this title or 
                        is otherwise in violation of law.
                    ``(B) Deadlines for bringing actions.--Any 
                action instituted under this paragraph must be 
                filed no later than 60 days after the date the 
                challenged section, regulation, directive, 
                guideline, or procedure described in clause (i) 
                or (ii) of subparagraph (A) is first 
                implemented.
                    ``(C) Notice of appeal.--A notice of appeal 
                of an order issued by the District Court under 
                this paragraph may be filed not later than 30 
                days after the date of issuance of such order.
                    ``(D) Expeditious consideration of cases.--
                It shall be the duty of the District Court, the 
                Court of Appeals, and the Supreme Court of the 
                United States to advance on the docket and to 
                expedite to the greatest possible extent the 
                disposition of any case considered under this 
                paragraph.
            ``(4) Decision.--In any case where the court 
        determines that the petitioner--
                    ``(A) is an alien who was not ordered 
                removed under section 235(b)(1), or
                    ``(B) has demonstrated by a preponderance 
                of the evidence that the alien is an alien 
                lawfully admitted for permanent residence, has 
                been admitted as a refugee under section 207, 
                or has been granted asylum under section 208,

        the court may order no remedy or relief other than to 
        require that the petitioner be provided a hearing in 
        accordance with section 240. Any alien who is provided 
        a hearing under section 240 pursuant to this paragraph 
        may thereafter obtain judicial review of any resulting 
        final order of removal pursuant to subsection (a)(1).
            ``(5) Scope of inquiry.--In determining whether an 
        alien has been ordered removed under section 235(b)(1), 
        the court's inquiry shall be limited to whether such an 
        order in fact was issued and whether it relates to the 
        petitioner. There shall be no review of whether the 
        alien is actually inadmissible or entitled to any 
        relief from removal.
    ``(f) Limit on Injunctive Relief.--
            (1) In general.--Regardless of the nature of the 
        action or claim or of the identity of the party or 
        parties bringing the action, no court (other than the 
        Supreme Court) shall have jurisdiction or authority to 
        enjoin or restrain the operation of the provisions of 
        chapter 4 of title II, as amended by the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 
        1996, other than with respect to the application of 
        such provisions to an individual alien against whom 
        proceedings under such chapter have been initiated.
            (2) Particular cases.--Notwithstanding any other 
        provision of law, no court shall enjoin the removal of 
        any alien pursuant to a final order under this section 
        unless the alien shows by clear and convincing evidence 
        that the entry or execution of such order is prohibited 
        as a matter of law.
    ``(g) Exclusive Jurisdiction.--Except as provided in this 
section and notwithstanding any other provision of law, no 
court shall have jurisdiction to hear any cause or claim by or 
on behalf of any alien arising from the decision or action by 
the Attorney General to commence proceedings, adjudicate cases, 
or execute removal orders against any alien under this Act.''.
    (b) Repeal of Section 106.--Section 106 (8 U.S.C. 1105a) is 
repealed.
    (c) Effective Date.--
            (1) In general.--Subject to paragraph (2), the 
        amendments made by subsections (a) and (b) shall apply 
        to all final orders of deportation or removal and 
        motions to reopen filed on or after the date of the 
        enactment of this Act and subsection (g) of section 242 
        of the Immigration and Nationality Act (as added by 
        subsection (a)), shall apply without limitation to 
        claims arising from all past, pending, or future 
        exclusion, deportation, or removal proceedings under 
        such Act.
            (2) Limitation.--Paragraph (1) shall not be 
        considered to invalidate or to require the 
        reconsideration of any judgment or order entered under 
        section 106 of the Immigration and Nationality Act, as 
        amended by section 440 of Public Law 104-132.
    (d) Technical Amendment.--Effective as if included in the 
enactment of the Antiterrorism and Effective Death Penalty Act 
of 1996 (Public Law 104-132), subsections (a), (c), (d), (g), 
and (h) of section 440 of such Act are amended by striking 
``any offense covered by section 241(a)(2)(A)(ii) for which 
both predicate offenses are covered by section 
241(a)(2)(A)(i)'' and inserting ``any offense covered by 
section 241(a)(2)(A)(ii) for which both predicate offenses are, 
without regard to the date of their commission, otherwise 
covered by section 241(a)(2)(A)(i)''.

SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED SECTION 243).

    (a) In General.--Section 243 (8 U.S.C. 1253) is amended to 
read as follows:


                     ``penalties related to removal


    ``Sec. 243. (a) Penalty for Failure to Depart.--
            ``(1) In general.--Any alien against whom a final 
        order of removal is outstanding by reason of being a 
        member of any of the classes described in section 
        237(a), who--
                    ``(A) willfully fails or refuses to depart 
                from the United States within a period of 90 
                days from the date of the final order of 
                removal under administrative processes, or if 
                judicial review is had, then from the date of 
                the final order of the court,
                    ``(B) willfully fails or refuses to make 
                timely application in good faith for travel or 
                other documents necessary to the alien's 
                departure,
                    ``(C) connives or conspires, or takes any 
                other action, designed to prevent or hamper or 
                with the purpose of preventing or hampering the 
                alien's departure pursuant to such, or
                    ``(D) willfully fails or refuses to present 
                himself or herself for removal at the time and 
                place required by the Attorney General pursuant 
                to such order,

        shall be fined under title 18, United States Code, or 
        imprisoned not more than four years (or 10 years if the 
        alien is a member of any of the classes described in 
        paragraph (1)(E), (2), (3), or (4) of section 237(a)), 
        or both.
            ``(2) Exception.--It is not a violation of 
        paragraph (1) to take any proper steps for the purpose 
        of securing cancellation of or exemption from such 
        order of removal or for the purpose of securing the 
        alien's release from incarceration or custody.
            ``(3) Suspension.--The court may for good cause 
        suspend the sentence of an alien under this subsection 
        and order the alien's release under such conditions as 
        the court may prescribe. In determining whether good 
        cause has been shown to justify releasing the alien, 
        the court shall take into account such factors as--
                    ``(A) the age, health, and period of 
                detention of the alien;
                    ``(B) the effect of the alien's release 
                upon the national security and public peace or 
                safety;
                    ``(C) the likelihood of the alien's 
                resuming or following a course of conduct which 
                made or would make the alien deportable;
                    ``(D) the character of the efforts made by 
                such alien himself and by representatives of 
                the country or countries to which the alien's 
                removal is directed to expedite the alien's 
                departure from the United States;
                    ``(E) the reason for the inability of the 
                Government of the United States to secure 
                passports, other travel documents, or removal 
                facilities from the country or countries to 
                which the alien has been ordered removed; and
                    ``(F) the eligibility of the alien for 
                discretionary relief under the immigration 
                laws.
    ``(b) Willful Failure To Comply With Terms of Release Under 
Supervision.--An alien who shall willfully fail to comply with 
regulations or requirements issued pursuant to section 
241(a)(3) or knowingly give false information in response to an 
inquiry under such section shall be fined not more than $1,000 
or imprisoned for not more than one year, or both.
    ``(c) Penalties Relating to Vessels and Aircraft.--
            ``(1) Civil penalties.--
                    ``(A) Failure to carry out certain 
                orders.--If the Attorney General is satisfied 
                that a person has violated subsection (d) or 
                (e) of section 241, the person shall pay to the 
                Commissioner the sum of $2,000 for each 
                violation.
                    ``(B) Failure to remove alien stowaways.--
                If the Attorney General is satisfied that a 
                person has failed to remove an alien stowaway 
                as required under section 241(d)(2), the person 
                shall pay to the Commissioner the sum of $5,000 
                for each alien stowaway not removed.
                    ``(C) No compromise.--The Attorney General 
                may not compromise the amount of such penalty 
                under this paragraph.
            ``(2) Clearing vessels and aircraft.--
                    ``(A) Clearance before decision on 
                liability.--A vessel or aircraft may be granted 
                clearance before a decision on liability is 
                made under paragraph (1) only if a bond 
                approved by the Attorney General or an amount 
                sufficient to pay the civil penalty is 
                deposited with the Commissioner.
                    ``(B) Prohibition on clearance while 
                penalty unpaid.--A vessel or aircraft may not 
                be granted clearance if a civil penalty imposed 
                under paragraph (1) is not paid.
    ``(d) Discontinuing Granting Visas to Nationals of Country 
Denying or Delaying Accepting Alien.--On being notified by the 
Attorney General that the government of a foreign country 
denies or unreasonably delays accepting an alien who is a 
citizen, subject, national, or resident of that country after 
the Attorney General asks whether the government will accept 
the alien under this section, the Secretary of State shall 
order consular officers in that foreign country to discontinue 
granting immigrant visas or nonimmigrant visas, or both, to 
citizens, subjects, nationals, and residents of that country 
until the Attorney General notifies the Secretary that the 
country has accepted the alien.''.

SEC. 308. REDESIGNATION AND REORGANIZATION OF OTHER PROVISIONS; 
                    ADDITIONAL CONFORMING AMENDMENTS.

    (a) Conforming Amendment to Table of Contents; Overview of 
Reorganized Chapters.--The table of contents, as amended by 
sections 123(b) and 851(d)(1), is amended--
            (1) by striking the item relating to section 106, 
        and
            (2) by striking the item relating to chapter 4 of 
        title II and all that follows through the item relating 
        to section 244A and inserting the following:

    ``chapter 4--inspection, apprehension, examination, exclusion, and 
                                 removal

``Sec. 231. Lists of alien and citizen passengers arriving or departing; 
          record of resident aliens and citizens leaving permanently for 
          foreign country.
``Sec. 232. Detention of aliens for physical and mental examination.
``Sec. 233. Entry through or from foreign territory and adjacent 
          islands; landing stations.
``Sec. 234. Designation of ports of entry for aliens arriving by civil 
          aircraft.
``Sec. 235. Inspection by immigration officers; expedited removal of 
          inadmissible arriving aliens; referral for hearing.
``Sec. 235A.  Preinspection at foreign airports.
``Sec. 236. Apprehension and detention of aliens not lawfully in the 
          United States.
``Sec. 237. General classes of deportable aliens.
``Sec. 238. Expedited removal of aliens convicted of committing 
          aggravated felonies.
``Sec. 239. Initiation of removal proceedings.
``Sec. 240. Removal proceedings.
``Sec. 240A. Cancellation of removal; adjustment of status.
``Sec. 240B. Voluntary departure.
``Sec. 240C. Records of admission.
``Sec. 241. Detention and removal of aliens ordered removed.
``Sec. 242. Judicial review of orders of removal.
``Sec. 243. Penalties relating to removal.
``Sec. 244. Temporary protected status.

              ``chapter 5--adjustment and change of status''.

    (b) Reorganization of Other Provisions.--Chapters 4 and 5 
of title II are amended as follows:
            (1) Amending chapter heading.--Amend the heading 
        for chapter 4 of title II to read as follows:

  ``Chapter 4--Inspection, Apprehension, Examination, Exclusion, and 
                               Removal''.

            (2) Redesignating section 232 as section 232(a).--
        Amend section 232 (8 U.S.C. 1222)--
                    (A) by inserting ``(a) Detention of 
                Aliens.--'' after ``Sec. 232.'', and
                    (B) by amending the section heading to read 
                as follows:


      ``detention of aliens for physical and mental examination''.


            (3) Redesignating section 234 as section 232(b).--
        Amend section 234 (8 U.S.C. 1224)--
                    (A) by striking the heading,
                    (B) by striking ``Sec. 234.'' and inserting 
                the following: ``(b) Physical and Mental 
                Examination.--'', and
                    (C) by moving such provision to the end of 
                section 232.
            (4) Redesignating section 238 as section 233.--
        Redesignate section 238 (8 U.S.C. 1228) as section 233 
        and move the section to immediately follow section 232.
            (5) Redesignating section 242a as section 238.--
        Redesignate section 242A as section 238, strike 
        ``deportation'' in its heading and insert ``removal'', 
        and move the section to immediately follow section 237 
        (as redesignated by section 305(a)(2)).
            (6) Striking section 242b.--Strike section 242B (8 
        U.S.C. 1252b).
            (7) Striking section 244 and redesignating section 
        244a as section 244.--Strike section 244 (8 U.S.C. 
        1254) and redesignate section 244A as section 244.
            (8) Amending chapter heading.--Amend the heading 
        for chapter 5 of title II to read as follows:

            ``Chapter 5--Adjustment and Change of Status''.

    (c) Additional Conforming Amendments.--
            (1) Expedited procedures for aggravated felons 
        (former section 242a).--Section 238 (which, previous to 
        redesignation under section 308(b)(5), was section 
        242A) is amended--
                    (A) in subsection (a)(1), by striking 
                ``section 242'' and inserting ``section 240'';
                    (B) in subsection (a)(2), by striking 
                ``section 242(a)(2)'' and inserting ``section 
                236(c)''; and
                    (C) in subsection (b)(1), by striking 
                ``section 241(a)(2)(A)(iii)'' and inserting 
                ``section 237(a)(2)(A)(iii)''.
            (2) Treatment of certain helpless aliens.--
                    (A) Certification of helpless aliens.--
                Section 232 (8 U.S.C. 1222), as amended by 
                section 308(b)(2), is further amended by adding 
                at the end the following new subsection:
    ``(c) Certification of Certain Helpless Aliens.--If an 
examining medical officer determines that an alien arriving in 
the United States is inadmissible, is helpless from sickness, 
mental or physical disability, or infancy, and is accompanied 
by another alien whose protection or guardianship may be 
required, the officer may certify such fact for purposes of 
applying section 212(a)(10)(B) with respect to the other 
alien.''.
                    (B) Ground of inadmissibility for 
                protection and guardianship of aliens denied 
                admission for health or infancy.--Subparagraph 
                (B) of section 212(a)(10) (8 U.S.C. 
                1182(a)(10)), as redesignated by section 
                301(a)(1), is amended to read as follows:
                    ``(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.''.
            (3) Contingent consideration in relation to removal 
        of aliens.--Section 273(a) (8 U.S.C. 1323(a)) is 
        amended--
                    (A) by inserting ``(1)'' after ``(a)'', and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) It is unlawful for an owner, agent, master, 
commanding officer, person in charge, purser, or consignee of a 
vessel or aircraft who is bringing an alien (except an alien 
crewmember) to the United States to take any consideration to 
be kept or returned contingent on whether an alien is admitted 
to, or ordered removed from, the United States.''.
            (4) Clarification.--(A) Section 238(a)(1), which, 
        previous to redesignation under section 308(b)(5), was 
        section 242A(a)(1), is amended by adding at the end the 
        following: ``Nothing in this section shall be construed 
        to create any substantive or procedural right or 
        benefit that is legally enforceable by any party 
        against the United States or its agencies or officers 
        or any other person.''.
            (B) Section 225 of the Immigration and Nationality 
        Technical Corrections Act of 1994 (Public Law 103-416), 
        as amended by section 851(b)(15), is amended by 
        striking ``and nothing in'' and all that follows up to 
        ``shall''.
    (d) Additional Conforming Amendments Relating to Exclusion 
and Inadmissibility.--
            (1) Section 212.--Section 212 (8 U.S.C. 1182(a)) is 
        amended--
                    (A) in the heading, by striking ``excluded 
                from'' and inserting ``ineligible for'';
                    (B) in the matter in subsection (a) before 
                paragraph (1), by striking all that follows 
                ``(a)'' and inserting the following: ``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:'';
                    (C) in subsection (a), by striking ``is 
                excludable'' and inserting ``is inadmissible'' 
                each place it appears;
                    (D) in subsections (a)(5)(C) (before 
                redesignation by section 343(c)(1), (d)(1), 
                (k), by striking ``exclusion'' and inserting 
                ``inadmissibility'';
                    (E) in subsections (b), (d)(3), 
                (h)(1)(A)(i), and (k), by striking 
                ``excludable'' each place it appears and 
                inserting ``inadmissible'';
                    (F) in subsection (b)(2), by striking ``or 
                ineligible for entry'';
                    (G) in subsection (d)(7), by striking 
                ``excluded from'' and inserting ``denied''; and
                    (H) in subsection (h)(1)(B), by striking 
                ``exclusion'' and inserting ``denial of 
                admission''.
            (2) Section 241.--Section 241 (8 U.S.C. 1251), 
        before redesignation as section 237 by section 
        305(a)(2), is amended--
                    (A) in subsection (a)(1)(H), by striking 
                ``excludable'' and inserting ``inadmissible'';
                    (B) in subsection (a)(4)(C)(ii), by 
                striking ``excludability'' and inserting 
                ``inadmissibility'';
                    (C) in subsection (c), by striking 
                ``exclusion'' and inserting 
                ``inadmissibility''; and
                    (D) effective upon enactment of this Act, 
                by striking subsection (d), as added by section 
                414(a) of the Antiterrorism and Effective Death 
                Penalty Act of 1996 (P.L. 104-132).
            (3) Other general references.--The following 
        provisions are amended by striking ``excludability'' 
        and ``excludable'' each place each appears and 
        inserting ``inadmissibility'' and ``inadmissible'', 
        respectively:
                    (A) Sections 101(f)(3), 213, 234 (before 
                redesignation by section 308(b)), 241(a)(1) 
                (before redesignation by section 305(a)(2)), 
                272(a), 277, 286(h)(2)(A)(v), and 
                286(h)(2)(A)(vi).
                    (B) Section 601(c) of the Immigration Act 
                of 1990.
                    (C) Section 128 of the Foreign Relations 
                Authorization Act, Fiscal Years 1992 and 1993 
                (Public Law 102-138).
                    (D) Section 1073 of the National Defense 
                Authorization Act for Fiscal Year 1995 (Public 
                Law 103-337).
                    (E) Section 221 of the Immigration and 
                Nationality Technical Corrections Act of 1994 
                (Public Law 103-416).
            (4) Related terms.--
                    (A) Section 101(a)(17) (8 U.S.C. 
                1101(a)(17)) is amended by striking ``or 
                expulsion'' and inserting ``expulsion, or 
                removal''.
                    (B) Section 102 (8 U.S.C. 1102) is amended 
                by striking ``exclusion or deportation'' and 
                inserting ``removal''.
                    (C) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) 
                is amended by striking ``been excluded or 
                deported'' and inserting ``not been admitted or 
                have been removed''.
                    (D) Section 206 (8 U.S.C. 1156) is amended 
                by striking ``excluded from admission to the 
                United States and deported'' and inserting 
                ``denied admission to the United States and 
                removed''.
                    (E) Section 216(f) (8 U.S.C. 1186a) is 
                amended by striking ``exclusion'' and inserting 
                ``inadmissibility''.
                    (F) Section 217 (8 U.S.C. 1187) is amended 
                by striking ``excluded from admission'' and 
                inserting ``denied admission at the time of 
                arrival'' each place it appears.
                    (G) Section 221(f) (8 U.S.C. 1201) is 
                amended by striking ``exclude'' and inserting 
                ``deny admission to''.
                    (H) Section 232(a) (8 U.S.C. 1222(a)), as 
                redesignated by subsection (b)(2), is amended 
                by striking ``excluded by'' and ``the excluded 
                classes'' and inserting ``inadmissible under'' 
                and ``inadmissible classes'', respectively.
                    (I)(i) Section 272 (8 U.S.C. 1322) is 
                amended--
                            (I) by striking ``exclusion'' in 
                        the heading and inserting ``denial of 
                        admission'',
                            (II) in subsection (a), by striking 
                        ``excluding condition'' and inserting 
                        ``condition causing inadmissibility'', 
                        and
                            (III) in subsection (c), by 
                        striking ``excluding''.
                    (ii) The item in the table of contents 
                relating to such section is amended by striking 
                ``exclusion'' and inserting ``denial of 
                admission''.
                    (J) Section 276(a) (8 U.S.C. 1326(a)) is 
                amended--
                            (i) in paragraph (1), as amended by 
                        section 324(a)--
                                    (I) by striking ``arrested 
                                and deported, has been excluded 
                                and deported,'' and inserting 
                                ``denied admission, excluded, 
                                deported, or removed'', and
                                    (II) by striking 
                                ``exclusion or deportation'' 
                                and inserting ``exclusion, 
                                deportation, or removal''; and
                            (ii) in paragraph (2)(B), by 
                        striking ``excluded and deported'' and 
                        inserting ``denied admission and 
                        removed''.
                    (K) Section 286(h)(2)(A)(vi) (8 U.S.C. 
                1356(h)(2)(A)(vi)) is amended by striking 
                ``exclusion'' each place it appears and 
                inserting ``removal''.
                    (L) Section 287 (8 U.S.C. 1357) is 
                amended--
                            (i) in subsection (a), by striking 
                        ``or expulsion'' each place it appears 
                        and inserting ``expulsion, or 
                        removal'', and
                            (ii) in subsection (c), by striking 
                        ``exclusion from'' and inserting 
                        ``denial of admission to''.
                    (M) Section 290(a) (8 U.S.C. 1360(a)) is 
                amended by striking ``admitted to the United 
                States, or excluded therefrom'' each place it 
                appears and inserting ``admitted or denied 
                admission to the United States''.
                    (N) Section 291 (8 U.S.C. 1361) is amended 
                by striking ``subject to exclusion'' and 
                inserting ``inadmissible'' each place it 
                appears.
                    (O) Section 292 (8 U.S.C. 1362) is amended 
                by striking ``exclusion or deportation'' each 
                place it appears and inserting ``removal''.
                    (P) Section 360 (8 U.S.C. 1503) is 
                amended--
                            (i) in subsection (a), by striking 
                        ``exclusion'' each place it appears and 
                        inserting ``removal'', and
                            (ii) in subsection (c), by striking 
                        ``excluded from'' and inserting 
                        ``denied''.
                    (Q) Section 507(b)(2)(D) (8 U.S.C. 
                1537(b)(2)(D)) is amended by striking 
                ``exclusion because such alien is excludable'' 
                and inserting ``removal because such alien is 
                inadmissible''.
                    (R) Section 301(a)(1) of the Immigration 
                Act of 1990 is amended by striking 
                ``exclusion'' and inserting 
                ``inadmissibility''.
                    (S) Section 401(c) of the Refugee Act of 
                1980 is amended by striking ``deportation or 
                exclusion'' and inserting ``removal''.
                    (T) Section 501(e)(2) of the Refugee 
                Education Assistance Act of 1980 (Public Law 
                96-422) is amended--
                            (i) by striking ``exclusion or 
                        deportation'' each place it appears and 
                        inserting ``removal'', and
                            (ii) by striking ``deportation or 
                        exclusion'' each place it appears and 
                        inserting ``removal''.
                    (U) Section 4113(c) of title 18, United 
                States Code, is amended by striking ``exclusion 
                and deportation'' and inserting ``removal''.
            (5) Repeal of superseded provision.--Effective as 
        of the date of the enactment of the Antiterrorism and 
        Effective Death Penalty Act of 1996, section 422 of 
        such Act is repealed and the Immigration and 
        Nationality Act shall be applied as if such section had 
        not been enacted.
    (e) Revision of Terminology Relating to Deportation.--
            (1) Each of the following is amended by striking 
        ``deportation'' each place it appears and inserting 
        ``removal'':
                    (A) Subparagraphs (A)(iii)(II), 
                (A)(iv)(II), and (B)(iii)(II) of section 
                204(a)(1) (8 U.S.C. 1154(a)(1)).
                    (B) Section 212(d)(1) (8 U.S.C. 
                1182(d)(1)).
                    (C) Section 212(d)(11) (8 U.S.C. 
                1182(d)(11)).
                    (D) Section 214(k)(4)(C) (8 U.S.C. 
                1184(k)(4)(C)), as redesignated by section 
                851(a)(3)(A).
                    (E) Section 241(a)(1)(H) (8 U.S.C. 
                1251(a)(1)(H)), before redesignation as section 
                237 by section 305(a)(2).
                    (F) Section 242A (8 U.S.C. 1252a), before 
                redesignation as section 238 by subsection 
                (b)(5).
                    (G) Subsections (a)(3) and (b)(5)(B) of 
                section 244A (8 U.S.C. 1254a), before 
                redesignation as section 244 by subsection 
                (b)(7).
                    (H) Section 246(a) (8 U.S.C. 1256(a)).
                    (I) Section 254 (8 U.S.C. 1284).
                    (J) Section 263(a)(4) (8 U.S.C. 
                1303(a)(4)).
                    (K) Section 276(b) (8 U.S.C. 1326(b)).
                    (L) Section 286(h)(2)(A)(v) (8 U.S.C. 
                1356(h)(2)(A)(v)).
                    (M) Section 287(g) (8 U.S.C. 1357(g)) (as 
                added by section 122).
                    (N) Section 291 (8 U.S.C. 1361).
                    (O) Section 318 (8 U.S.C. 1429).
                    (P) Section 130005(a) of the Violent Crime 
                Control and Law Enforcement Act of 1994 (Public 
                Law 103-322).
                    (Q) Section 4113(b) of title 18, United 
                States Code.
            (2) Each of the following is amended by striking 
        ``deported'' each place it appears and inserting 
        ``removed'':
                    (A) Section 212(d)(7) (8 U.S.C. 
                1182(d)(7)).
                    (B) Section 214(d) (8 U.S.C. 1184(d)).
                    (C) Section 241(a) (8 U.S.C. 1251(a)), 
                before redesignation as section 237 by section 
                305(a)(2).
                    (D) Section 242A(c)(2)(D)(iv) (8 U.S.C. 
                1252a(c)(2)(D)(iv)), as amended by section 
                851(b)(14) but before redesignation as section 
                238 by subsection (b)(5).
                    (E) Section 252(b) (8 U.S.C. 1282(b)).
                    (F) Section 254 (8 U.S.C. 1284).
                    (G) Subsections (b) and (c) of section 266 
                (8 U.S.C. 1306).
                    (H) Section 301(a)(1) of the Immigration 
                Act of 1990.
                    (I) Section 4113 of title 18, United States 
                Code.
            (3) Section 101(g) (8 U.S.C. 1101(g)) is amended by 
        inserting ``or removed'' after ``deported'' each place 
        it appears.
            (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is 
        amended by striking ``suspension of deportation'' and 
        inserting ``cancellation of removal''.
            (5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) 
        is amended by striking ``deportation is suspended'' and 
        inserting ``removal is canceled''.
            (6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B)) 
        is amended by striking ``deportation against'' and 
        inserting ``removal of''.
            (7) Subsections (b)(2), (c)(2)(B), (c)(3)(D), 
        (c)(4)(A), and (d)(2)(C) of section 216 (8 U.S.C. 
        1186a) are each amended by striking ``deportation'', 
        ``deportation'', ``deport'', and ``deported'' each 
        place each appears and inserting ``removal'', 
        ``removal'', ``remove'', and ``removed'', respectively.
            (8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and 
        (d)(2)(C) of section 216A (8 U.S.C. 1186b) are each 
        amended by striking ``deportation'', ``deportation'', 
        ``deport'', and ``deported'' and inserting ``removal'', 
        ``removal'', ``remove'', and ``removed'', respectively.
            (9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is 
        amended by striking ``deportation against'' and 
        inserting ``removal of''.
            (10) Section 242A (8 U.S.C. 1252a), before 
        redesignation as section 238 by subsection (b)(6), is 
        amended, in the headings to various subdivisions, by 
        striking ``Deportation'' and ``deportation'' and 
        inserting ``Removal'' and ``removal'', respectively.
            (11) Section 244A(a)(1)(A) (8 U.S.C. 
        1254a(a)(1)(A)), before redesignation as section 244 by 
        subsection (b)(8), is amended--
                    (A) in subsection (a)(1)(A), by striking 
                ``deport'' and inserting ``remove'', and
                    (B) in subsection (e), by striking 
                ``Suspension of Deportation'' and inserting 
                ``Cancellation of Removal''.
            (12) Section 254 (8 U.S.C. 1284) is amended by 
        striking ``deport'' each place it appears and inserting 
        ``remove''.
            (13) Section 273(d) (8 U.S.C. 1323(d)) is repealed.
            (14)(A) Section 276 (8 U.S.C. 1326) is amended by 
        striking ``deported'' and inserting ``removed''.
            (B) The item in the table of contents relating to 
        such section is amended by striking ``deported'' and 
        inserting ``removed''.
            (15) Section 318 (8 U.S.C. 1429) is amended by 
        striking ``suspending'' and inserting ``canceling''.
            (16) Section 301(a) of the Immigration Act of 1990 
        is amended by striking ``Deportation'' and inserting 
        ``Removal''.
            (17) The heading of section 130005 of the Violent 
        Crime Control and Law Enforcement Act of 1994 (Public 
        Law 103-322) is amended by striking ``DEPORTATION'' and 
        inserting ``REMOVAL''.
            (18) Section 9 of the Peace Corps Act (22 U.S.C. 
        2508) is amended by striking ``deported'' and all that 
        follows through ``Deportation'' and inserting ``removed 
        pursuant to chapter 4 of title II of the Immigration 
        and Nationality Act''.
            (19) Section 8(c) of the Foreign Agents 
        Registration Act (22 U.S.C. 618(c)) is amended by 
        striking ``deportation'' and all that follows and 
        inserting ``removal pursuant to chapter 4 of title II 
        of the Immigration and Nationality Act.''.
    (f) Revision of References to Entry.--
            (1) The following provisions are amended by 
        striking ``entry'' and inserting ``admission'' each 
        place it appears:
                    (A) Section 101(a)(15)(K) (8 U.S.C. 
                1101(a)(15)(K)).
                    (B) Section 101(a)(30) (8 U.S.C. 
                1101(a)(30)).
                    (C) Section 212(a)(2)(D) (8 U.S.C. 
                1182(a)(2)(D)).
                    (D) Section 212(a)(6)(C)(i) (8 U.S.C. 
                1182(a)(6)(C)(i)).
                    (E) Section 212(h)(1)(A)(i) (8 U.S.C. 
                1182(h)(1)(A)(i)).
                    (F) Section 212(j)(1)(D) (8 U.S.C. 
                1182(j)(1)(D)).
                    (G) Section 214(c)(2)(A) (8 U.S.C. 
                1184(c)(2)(A)).
                    (H) Section 214(d) (8 U.S.C. 1184(d)).
                    (I) Section 216(b)(1)(A)(i) (8 U.S.C. 
                1186a(b)(1)(A)(i)).
                    (J) Section 216(d)(1)(A)(i)(III) (8 U.S.C. 
                1186a(d)(1)(A)(i)(III)).
                    (K) Subsection (b) of section 240 (8 U.S.C. 
                1230), before redesignation as section 240C by 
                section 304(a)(2).
                    (L) Subsection (a)(1)(G) of section 241 (8 
                U.S.C. 1251), before redesignation as section 
                237 by section 305(a)(2).
                    (M) Subsection (a)(1)(H) of section 241 (8 
                U.S.C. 1251), before redesignation as section 
                237 by section 305(a)(2), other than the last 
                time it appears.
                    (N) Paragraphs (2) and (4) of subsection 
                (a) of section 241 (8 U.S.C. 1251), before 
                redesignation as section 237 by section 
                305(a)(2).
                    (O) Section 245(e)(3) (8 U.S.C. 
                1255(e)(3)).
                    (P) Section 247(a) (8 U.S.C. 1257(a)).
                    (Q) Section 601(c)(2) of the Immigration 
                Act of 1990.
            (2) The following provisions are amended by 
        striking ``enter'' and inserting ``be admitted'':
                    (A) Section 204(e) (8 U.S.C. 1154(e)).
                    (B) Section 221(h) (8 U.S.C. 1201(h)).
                    (C) Section 245(e)(2) (8 U.S.C. 
                1255(e)(2)).
            (3) The following provisions are amended by 
        striking ``enters'' and inserting ``is admitted to'':
                    (A) Section 212(j)(1)(D)(ii) (8 U.S.C. 
                1154(e)).
                    (B) Section 214(c)(5)(B) (8 U.S.C. 
                1184(c)(5)(B)).
            (4) Subsection (a) of section 238 (8 U.S.C. 1228), 
        before redesignation as section 233 by section 
        308(b)(4), is amended by striking ``entry and 
        inspection'' and inserting ``inspection and 
        admission''.
            (5) Subsection (a)(1)(H)(ii) of section 241 (8 
        U.S.C. 1251), before redesignation as section 237 by 
        section 305(a)(2), is amended by striking ``at entry''.
            (6) Section 7 of the Central Intelligence Agency 
        Act of 1949 (50 U.S.C. 403h) is amended by striking 
        ``that the entry'', ``given entry into'', and 
        ``entering'' and inserting ``that the admission'', 
        ``admitted to'', and ``admitted to''.
            (7) Section 4 of the Atomic Weapons and Special 
        Nuclear Materials Rewards Act (50 U.S.C. 47c) is 
        amended by striking ``entry'' and inserting 
        ``admission''.
    (g) Conforming References to Reorganized Sections.--
            (1) References to sections 232, 234, 238, 239, 240, 
        241, 242a, and 244a.--Any reference in law in effect on 
        the day before the date of the enactment of this Act to 
        section 232, 234, 238, 239, 240, 241, 242A, or 244A of 
        the Immigration and Nationality Act (or a subdivision 
        of such section) is deemed, as of the title III-A 
        effective date, to refer to section 232(a), 232(b), 
        233, 234, 234A, 237, 238, or 244 of such Act (or the 
        corresponding subdivision of such section), as 
        redesignated by this subtitle. Any reference in law to 
        section 241 (or a subdivision of such section) of the 
        Immigration and Nationality Act in an amendment made by 
        a subsequent subtitle of this title is deemed a 
        reference (as of the title III-A effective date) to 
        section 237 (or the corresponding subdivision of such 
        section), as redesignated by this subtitle.
            (2) References to section 106.--
                    (A) Sections 242A(b)(3) and 
                242A(c)(3)(A)(ii) (8 U.S.C. 1252a(b)(3), 
                1252a(c)(3)(A)(ii)), as amended by section 
                851(b)(14) but before redesignation as section 
                238 by subsection (b)(5), are each amended by 
                striking ``106'' and inserting ``242''.
                    (B) Sections 210(e)(3)(A) and 245A(f)(4)(A) 
                (8 U.S.C. 1160(e)(3)(A), 1255a(f)(4)(A)) are 
                amended by inserting ``(as in effect before 
                October 1, 1996)'' after ``106''.
                    (C) Section 242A(c)(3)(A)(iii) (8 U.S.C. 
                1252a(c)(3)(A)(iii)), as amended by section 
                851(b)(14) but before redesignation as section 
                238 by subsection (b)(5), is amended by 
                striking ``106(a)(1)'' and inserting 
                ``242(b)(1)''.
            (3) References to section 236.--
                    (A) Sections 205 and 209(a)(1) (8 U.S.C. 
                1155, 1159(a)(1)) are each amended by striking 
                ``236'' and inserting ``240''.
                    (B) Section 4113(c) of title 18, United 
                States Code, is amended by striking ``1226 of 
                title 8, United States Code'' and inserting 
                ``240 of the Immigration and Nationality Act''.
            (4) References to section 237.--
                    (A) Section 209(a)(1) (8 U.S.C. 1159(a)(1)) 
                is amended by striking ``237'' and inserting 
                ``241''.
                    (B) Section 212(d)(7) (8 U.S.C. 1182(d)(7)) 
                is amended by striking ``237(a)'' and inserting 
                ``241(c)''.
                    (C) Section 280(a) (8 U.S.C. 1330(a)) is 
                amended by striking ``237, 239, 243'' and 
                inserting ``234, 243(c)(2)''.
            (5) References to section 242.--
                    (A)(i) Sections 214(d), 252(b), and 
                287(f)(1) (8 U.S.C. 1184(d), 1282(b), 
                1357(f)(1)) are each amended by striking 
                ``242'' and inserting ``240''.
                    (ii) Subsection (c)(4) of section 242A (8 
                U.S.C. 1252a), as amended by section 851(b)(13) 
                but before redesignation as section 238 by 
                subsection (b)(5), are each amended by striking 
                ``242'' and inserting ``240''.
                    (iii) Section 245A(a)(1)(B) (8 U.S.C. 
                1255a(a)(1)(B)) is amended by inserting ``(as 
                in effect before October 1, 1996)'' after 
                ``242''.
                    (iv) Section 4113 of title 18, United 
                States Code, is amended--
                            (I) in subsection (a), by striking 
                        ``section 1252(b) or section 1254(e) of 
                        title 8, United States Code,'' and 
                        inserting ``section 240B of the 
                        Immigration and Nationality Act''; and
                            (II) in subsection (b), by striking 
                        ``section 1252 of title 8, United 
                        States Code,'' and inserting ``section 
                        240 of the Immigration and Nationality 
                        Act''.
                    (B) Section 130002(a) of Public Law 103-
                322, as amended by section 345, is amended by 
                striking ``242(a)(3)(A)'' and inserting 
                ``236(d)''.
                    (C) Section 242A(b)(1) (8 U.S.C. 
                1252a(b)(1)), before redesignation as section 
                238 by section 308(b)(5), is amended by 
                striking ``242(b)'' and inserting ``240''.
                    (D) Section 242A(c)(2)(D)(ii) (8 U.S.C. 
                1252a(c)(2)(D)(ii)), as amended by section 
                851(b)(14) but before redesignation as section 
                238 by subsection (b)(5), is amended by 
                striking ``242(b)'' and inserting ``240''.
                    (E) Section 1821(e) of title 28, United 
                States Code, is amended by striking ``242(b)'' 
                and inserting ``240''.
                    (F) Section 130007(a) of Public Law 103-322 
                is amended by striking ``242(i)'' and inserting 
                ``239(d)''.
                    (G) Section 20301(c) of Public Law 103-322 
                is amended by striking ``242(j)(5)'' and 
                ``242(j)'' and inserting ``241(h)(5)'' and 
                ``241(h)'', respectively.
            (6) References to section 242b.--
                    (A) Section 303(d)(2) of the Immigration 
                Act of 1990 is amended by striking ``242B'' and 
                inserting ``240(b)(5)''.
                    (B) Section 545(g)(1)(B) of the Immigration 
                Act of 1990 is amended by striking 
                ``242B(a)(4)'' and inserting ``239(a)(4)''.
            (7) References to section 243.--
                    (A) Section 214(d) (8 U.S.C. 1184(d)) is 
                amended by striking ``243'' and inserting 
                ``241''.
                    (B) Section 504(k)(2) (8 U.S.C. 1534(k)(2)) 
                is amended by striking ``withholding of 
                deportation under section 243(h)'' and 
                inserting ``by withholding of removal under 
                section 241(b)(3)''.
                    (C)(i) Section 315(c) of the Immigration 
                Reform and Control Act of 1986 is amended by 
                striking ``243(g)'' and ``1253(g)'' and 
                inserting ``243(d)'' and ``1253(d)'' 
                respectively.
                    (ii) Section 702(b) of the Departments of 
                Commerce, Justice, and State, the Judiciary, 
                and Related Agencies Appropriations Act, 1988 
                is amended by striking ``243(g)'' and inserting 
                ``243(d)''.
                    (iii) Section 903(b) of Public Law 100-204 
                is amended by striking ``243(g)'' and inserting 
                ``243(d)''.
                    (D)(i) Section 6(f)(2)(F) of the Food Stamp 
                Act of 1977 (7 U.S.C. 2015(f)(2)(F)) is amended 
                by striking ``243(h)'' and inserting 
                ``241(b)(3)''.
                    (ii) Section 214(a)(5) of the Housing and 
                Community Development Act of 1980 (42 U.S.C. 
                1436a(a)(5)) is amended by striking ``243(h)'' 
                and inserting ``241(b)(3)''.
                    (E)(i) Subsection (c)(2)(B)(ii) of section 
                244A (8 U.S.C. 1254a), before redesignated as 
                section 244 by section 308(b)(7), is amended by 
                striking ``243(h)(2)'' and inserting 
                ``208(b)(2)(A)''.
                    (ii) Section 301(e)(2) of the Immigration 
                Act of 1990 is amended by striking 
                ``243(h)(2)'' and inserting ``208(b)(2)(A)''.
                    (F) Section 316(f) (8 U.S.C. 1427(f)) is 
                amended by striking ``subparagraphs (A) through 
                (D) of paragraph 243(h)(2)'' and inserting 
                ``clauses (i) through (v) of section 
                208(b)(2)(A)''.
            (8) References to section 244.--
                    (A)(i) Section 201(b)(1)(D) (8 U.S.C. 
                1151(b)(1)(D)) and subsection (e) of section 
                244A (8 U.S.C. 1254a), before redesignation as 
                section 244 by section 308(b)(7), are each 
                amended by striking ``244(a)'' and inserting 
                ``240A(a)''.
                    (ii) Section 304(c)(1)(B) of the 
                Miscellaneous and Technical Immigration and 
                Naturalization Amendments of 1991 (Public Law 
                102-232) is amended by striking ``244(a)'' and 
                inserting ``240A(a)''.
                    (B) Section 504(k)(3) (8 U.S.C. 1534(k)(3)) 
                is amended by striking ``suspension of 
                deportation under subsection (a) or (e) of 
                section 244'' and inserting ``cancellation of 
                removal under section 240A''.
                    (C) Section 304(c)(1)(B) of the 
                Miscellaneous and Technical Immigration and 
                Naturalization Amendments of 1991 (Public Law 
                102-232) is amended by striking ``244(b)(2)'' 
                and inserting ``240A(b)(2)''.
                    (D) Section 364(a)(2) of this Act is 
                amended by striking ``244(a)(3)'' and inserting 
                ``240A(a)(3)''.
            (9) References to chapter 5.--
                    (A) Sections 266(b), 266(c), and 291 (8 
                U.S.C. 1306(b), 1306(c), 1361) are each amended 
                by striking ``chapter 5'' and inserting 
                ``chapter 4''.
                    (B) Section 6(b) of the Act of August 1, 
                1956 (50 U.S.C. 855(b)) is amended by striking 
                ``chapter 5, title II, of the Immigration and 
                Nationality Act (66 Stat. 163)'' and inserting 
                ``chapter 4 of title II of the Immigration and 
                Nationality Act''.
            (10) Miscellaneous cross-reference corrections for 
        newly added provisions.--
                    (A) Section 212(h), as amended by section 
                301(h), is amended by striking ``section 
                212(c)'' and inserting ``paragraphs (1) and (2) 
                of section 240A(a)''.
                    (B) Section 245(c)(6), as amended by 
                section 332(d), is amended by striking 
                ``241(a)(4)(B)'' and inserting 
                ``237(a)(4)(B)''.
                    (C) Section 249(d), as amended by section 
                332(e), is amended by striking ``241(a)(4)(B)'' 
                and inserting ``237(a)(4)(B)''.
                    (D) Section 274C(d)(7), as added by section 
                212(d), is amended by striking ``withholding of 
                deportation under section 243(h)'' and 
                inserting ``withholding of removal under 
                section 241(b)(3)''.
                    (E) Section 3563(b)(21) of title 18, United 
                States Code, as inserted by section 374(b), is 
                amended by striking ``242A(d)(5)'' and 
                inserting ``238(d)(5)''.
                    (F) Section 130007(a) of the Violent Crime 
                Control and Law Enforcement Act of 1994 (Public 
                Law 103-322), as amended by section 671(a)(6), 
                is amended by striking ``242A(a)(3)'' and 
                inserting ``238(a)(3)''.
                    (G) Section 386(b) of this Act is amended 
                by striking ``excludable'' and ``excludable'' 
                and inserting ``inadmissible'' and 
                ``inadmissible'', respectively, each place each 
                appears.
                    (H) Subsections (a), (c), (d), (g), and (h) 
                of section 440 of the Antiterrorism and 
                Effective Death Penalty Act of 1996 (Public Law 
                104-132), as amended by section 306(d), are 
                amended by striking ``241(a)(2)(A)(ii)'' and 
                ``241(a)(2)(A)(i)'' and inserting 
                ``237(a)(2)(A)(ii)'' and ``237(a)(2)(A)(i)'', 
                respectively.

SEC. 309. EFFECTIVE DATES; TRANSITION.

    (a) In General.--Except as provided in this section and 
sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5), this 
subtitle and the amendments made by this subtitle shall take 
effect on the first day of the first month beginning more than 
180 days after the date of the enactment of this Act (in this 
title referred to as the ``title III-A effective date'').
    (b) Promulgation of Regulations.--The Attorney General 
shall first promulgate regulations to carry out this subtitle 
by not later than 30 days before the title III-A effective 
date.
    (c) Transition for Aliens in Proceedings.--
            (1) General rule that new rules do not apply.--
        Subject to the succeeding provisions of this 
        subsection, in the case of an alien who is in exclusion 
        or deportation proceedings as of the title III-A 
        effective date--
                    (A) the amendments made by this subtitle 
                shall not apply, and
                    (B) the proceedings (including judicial 
                review thereof) shall continue to be conducted 
                without regard to such amendments.
            (2) Attorney general option to elect to apply new 
        procedures.--In a case described in paragraph (1) in 
        which an evidentiary hearing under section 236 or 242 
        and 242B of the Immigration and Nationality Act has not 
        commenced as of the title III-A effective date, the 
        Attorney General may elect to proceed under chapter 4 
        of title II of such Act (as amended by this subtitle). 
        The Attorney General shall provide notice of such 
        election to the alien involved not later than 30 days 
        before the date any evidentiary hearing is commenced. 
        If the Attorney General makes such election, the notice 
        of hearing provided to the alien under section 235 or 
        242(a) of such Act shall be valid as if provided under 
        section 239 of such Act (as amended by this subtitle) 
        to confer jurisdiction on the immigration judge.
            (3) Attorney general option to terminate and 
        reinitiate proceedings.--In the case described in 
        paragraph (1), the Attorney General may elect to 
        terminate proceedings in which there has not been a 
        final administrative decision and to reinitiate 
        proceedings under chapter 4 of title II the Immigration 
        and Nationality Act (as amended by this subtitle). Any 
        determination in the terminated proceeding shall not be 
        binding in the reinitiated proceeding.
            (4) Transitional changes in judicial review.--In 
        the case described in paragraph (1) in which a final 
        order of exclusion or deportation is entered more than 
        30 days after the date of the enactment of this Act, 
        notwithstanding any provision of section 106 of the 
        Immigration and Nationality Act (as in effect as of the 
        date of the enactment of this Act) to the contrary--
                    (A) in the case of judicial review of a 
                final order of exclusion, subsection (b) of 
                such section shall not apply and the action for 
                judicial review shall be governed by the 
                provisions of subsections (a) and (c) of such 
                in the same manner as they apply to judicial 
                review of orders of deportation;
                    (B) a court may not order the taking of 
                additional evidence under section 2347(c) of 
                title 28, United States Code;
                    (C) the petition for judicial review must 
                be filed not later than 30 days after the date 
                of the final order of exclusion or deportation;
                    (D) the petition for review shall be filed 
                with the court of appeals for the judicial 
                circuit in which the administrative proceedings 
                before the special inquiry officer or 
                immigration judge were completed;
                    (E) there shall be no appeal of any 
                discretionary decision under section 212(c), 
                212(h), 212(i), 244, or 245 of the Immigration 
                and Nationality Act (as in effect as of the 
                date of the enactment of this Act);
                    (F) service of the petition for review 
                shall not stay the deportation of an alien 
                pending the court's decision on the petition, 
                unless the court orders otherwise; and
                    (G) there shall be no appeal permitted in 
                the case of an alien who is inadmissible or 
                deportable by reason of having committed a 
                criminal offense covered in section 212(a)(2) 
                or section 241(a)(2)(A)(iii), (B), (C), or (D) 
                of the Immigration and Nationality Act (as in 
                effect as of the date of the enactment of this 
                Act), or any offense covered by section 
                241(a)(2)(A)(ii) of such Act (as in effect on 
                such date) for which both predicate offenses 
                are, without regard to their date of 
                commission, otherwise covered by section 
                241(a)(2)(A)(i) of such Act (as so in effect).
            (5) Transitional rule with regard to suspension of 
        deportation.--Paragraphs (1) and (2) of section 240A(d) 
        of the Immigration and Nationality Act (relating to 
        continuous residence or physical presence) shall apply 
        to notices to appear issued before, on, or after the 
        date of the enactment of this Act.
            (6) Transition for certain family unity aliens.--
        The Attorney General may waive the application of 
        section 212(a)(9) of the Immigration and Nationality 
        Act, as inserted by section 301(b)(1), in the case of 
        an alien who is provided benefits under the provisions 
        of section 301 of the Immigration Act of 1990 (relating 
        to family unity).
            (7) Limitation on suspension of deportation.--The 
        Attorney General may not suspend the deportation and 
        adjust the status under section 244 of the Immigration 
        and Nationality Act of more than 4,000 aliens in any 
        fiscal year (beginning after the date of the enactment 
        of this Act). The previous sentence shall apply 
        regardless of when an alien applied for such suspension 
        and adjustment.
    (d) Transitional References.--For purposes of carrying out 
the Immigration and Nationality Act, as amended by this 
subtitle--
            (1) any reference in section 212(a)(1)(A) of such 
        Act to the term ``inadmissible'' is deemed to include a 
        reference to the term ``excludable'', and
            (2) any reference in law to an order of removal 
        shall be deemed to include a reference to an order of 
        exclusion and deportation or an order of deportation.
    (e) Transition.--No period of time before the date of the 
enactment of this Act shall be included in the period of 1 year 
described in section 212(a)(6)(B)(i) of the Immigration and 
Nationality Act (as amended by section 301(c)).

                 Subtitle B--Criminal Alien Provisions

SEC. 321. AMENDED DEFINITION OF AGGRAVATED FELONY.

    (a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)), 
as amended by section 441(e) of the Antiterrorism and Effective 
Death Penalty Act of 1996 (P.L. 104-132), is amended--
            (1) in subparagraph (A), by inserting ``, rape, or 
        sexual abuse of a minor'' after ``murder'';
            (2) in subparagraph (D), by striking ``$100,000'' 
        and inserting ``$10,000'';
            (3) in subparagraphs (F), (G), (N), and (P), by 
        striking ``is at least 5 years'' each place it appears 
        and inserting ``at least one year'';
            (4) in subparagraph (J), by striking ``sentence of 
        5 years' imprisonment'' and inserting ``sentence of one 
        year imprisonment'';
            (5) in subparagraph (K)(ii), by inserting ``if 
        committed'' before ``for commercial advantage'';
            (6) in subparagraph (L)--
                    (A) by striking ``or'' at the end of clause 
                (i),
                    (B) by inserting ``or'' at the end of 
                clause (ii), and
                    (C) by adding at the end the following new 
                clause:
                            ``(iii) section 601 of the National 
                        Security Act of 1947 (relating to 
                        protecting the identity of undercover 
                        agents);'';
            (7) in subparagraph (M), by striking ``$200,000'' 
        each place it appears and inserting ``$10,000'';
            (8) in subparagraph (N), by striking ``for which 
        the term'' and all that follows and inserting the 
        following: ``, except in the case of a first offense 
        for which the alien has affirmatively shown that the 
        alien committed the offense for the purpose of 
        assisting, abetting, or aiding only the alien's spouse, 
        child, or parent (and no other individual) to violate a 
        provision of this Act'';
            (9) in subparagraph (P), by striking ``18 months'' 
        and inserting ``12 months, except in the case of a 
        first offense for which the alien has affirmatively 
        shown that the alien committed the offense for the 
        purpose of assisting, abetting, or aiding only the 
        alien's spouse, child, or parent (and no other 
        individual) to violate a provision of this Act'';
            (10) in subparagraph (R), by striking ``for which a 
        sentence of 5 years' imprisonment or more may be 
        imposed'' and inserting ``for which the term of 
        imprisonment is at least one year''; and
            (11) in subparagraph (S), by striking ``for which a 
        sentence of 5 years' imprisonment or more may be 
        imposed'' and inserting ``for which the term of 
        imprisonment is at least one year''.
    (b) Effective Date of Definition.--Section 101(a)(43) (8 
U.S.C. 1101(a)(43)) is amended by adding at the end the 
following new sentence: ``Notwithstanding any other provision 
of law (including any effective date), the term applies 
regardless of whether the conviction was entered before, on, or 
after the date of enactment of this paragraph.''.
    (c) Effective Date.--The amendments made by this section 
shall apply to actions taken on or after the date of the 
enactment of this Act, regardless of when the conviction 
occurred, and shall apply under section 276(b) of the 
Immigration and Nationality Act only to violations of section 
276(a) of such Act occurring on or after such date.

SEC. 322. DEFINITION OF CONVICTION AND TERM OF IMPRISONMENT.

    (a) Definition.--
            (1) In general.--Section 101(a) (8 U.S.C. 1101(a)) 
        is amended by adding at the end the following new 
        paragraph:
    ``(48)(A) The term `conviction' means, with respect to an 
alien, a formal judgment of guilt of the alien entered by a 
court or, if adjudication of guilt has been withheld, where--
            ``(i) a judge or jury has found the alien guilty or 
        the alien has entered a plea of guilty or nolo 
        contendere or has admitted sufficient facts to warrant 
        a finding of guilt, and
            ``(ii) the judge has ordered some form of 
        punishment, penalty, or restraint on the alien's 
        liberty to be imposed.
    ``(B) Any reference to a term of imprisonment or a sentence 
with respect to an offense is deemed to include the period of 
incarceration or confinement ordered by a court of law 
regardless of any suspension of the imposition or execution of 
that imprisonment or sentence in whole or in part.''.
            (2) Conforming amendments.--
                    (A) Section 101(a)(43) (8 U.S.C. 
                1101(a)(43)) is amended by striking ``imposed 
                (regardless of any suspension of 
                imprisonment)'' each place it appears in 
                subparagraphs (F), (G), (N), and (P).
                    (B) Section 212(a)(2)(B) (8 U.S.C. 
                1182(a)(2)(B)) is amended by striking 
                ``actually imposed''.
    (b) Reference to Proof Provisions.--For provisions relating 
to proof of convictions, see subparagraphs (B) and (C) of 
section 240(c)(3) of the Immigration and Nationality Act, as 
inserted by section 304(a)(3).
    (c) Effective Date.--The amendments made by subsection (a) 
shall apply to convictions and sentences entered before, on, or 
after the date of the enactment of this Act. Subparagraphs (B) 
and (C) of section 240(c)(3) of the Immigration and Nationality 
Act, as inserted by section 304(a)(3), shall apply to proving 
such convictions.

SEC. 323. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR 
                    CRIMINAL PAROLE.

    Section 263(a) (8 U.S.C. 1303(a)) is amended by striking 
``and (5)'' and inserting ``(5) aliens who are or have been on 
criminal probation or criminal parole within the United States, 
and (6)''.

SEC. 324. PENALTY FOR REENTRY OF DEPORTED ALIENS.

    (a) In General.--Section 276(a)(1) (8 U.S.C. 1326(a)(1)) is 
amended to read as follows:
            ``(1) has been arrested and deported, has been 
        excluded and deported, or has departed the United 
        States while an order of exclusion or deportation is 
        outstanding, and thereafter''.
    (b) Treatment of Stipulations.--The last sentence of 
section 276(b) (8 U.S.C. 1326(b)) is amended by inserting ``(or 
not during)'' after ``during''.
    (c) Effective Date.--The amendment made by subsection (a) 
shall apply to departures that occurred before, on, or after 
the date of the enactment of this Act, but only with respect to 
entries (and attempted entries) occurring on or after such 
date.

SEC. 325. CHANGE IN FILING REQUIREMENT.

    Section 2424 of title 18, United States Code, is amended--
            (1) in the first undesignated paragraph of 
        subsection (a)--
                    (A) by striking ``alien'' each place it 
                appears;
                    (B) by inserting after ``individual'' the 
                first place it appears the following: ``, 
                knowing or in reckless disregard of the fact 
                that the individual is an alien''; and
                    (C) by striking ``within three years after 
                that individual has entered the United States 
                from any country, party to the arrangement 
                adopted July 25, 1902, for the suppression of 
                the white-slave traffic'';
            (2) in the second undesignated paragraph of 
        subsection (a)--
                    (A) by striking ``thirty'' and inserting 
                ``five business''; and
                    (B) by striking ``within three years after 
                that individual has entered the United States 
                from any country, party to the said arrangement 
                for the suppression of the white-slave 
                traffic,''; and
            (3) in the text following the third undesignated 
        paragraph of subsection (a), by striking ``two'' and 
        inserting ``10''.

SEC. 326. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

    Subsection (a) of section 130002 of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322), 
as amended by section 432 of Public Law 104-132, is amended to 
read as follows:
    ``(a) Operation and Purpose.--The Commissioner of 
Immigration and Naturalization shall, under the authority of 
section 242(a)(3)(A) of the Immigration and Nationality Act 
operate a criminal alien identification system. The criminal 
alien identification system shall be used to assist Federal, 
State, and local law enforcement agencies in identifying and 
locating aliens who may be subject to removal by reason of 
their conviction of aggravated felonies, subject to prosecution 
under section 275 of such Act, not lawfully present in the 
United States, or otherwise removable. Such system shall 
include providing for recording of fingerprint records of 
aliens who have been previously arrested and removed into 
appropriate automated fingerprint identification systems.''.

SEC. 327. APPROPRIATIONS FOR CRIMINAL ALIEN TRACKING CENTER.

    Section 130002(b) of the Violent Crime Control and Law 
Enforcement Act of 1994 (8 U.S.C. 1252 note) is amended--
            (1) by inserting ``and'' after ``1996;'', and
            (2) by striking paragraph (2) and all that follows 
        through the period at the end and inserting the 
        following:
            ``(2) $5,000,000 for each of fiscal years 1997 
        through 2001.''.

SEC. 328. PROVISIONS RELATING TO STATE CRIMINAL ALIEN ASSISTANCE 
                    PROGRAM.

    (a) Modification of Authority.--
            (1) In general.--Section 241(i), as redesignated by 
        section 306(a)(1), is amended--
                    (A) in paragraph (3)(A), by striking 
                ``felony and sentenced to a term of 
                imprisonment'' and inserting ``felony or two or 
                more misdemeanors'', and
                    (B) by adding at the end the following new 
                paragraph:
            ``(6) To the extent of available appropriations, 
        funds otherwise made available under this section with 
        respect to a State (or political subdivision, including 
        a municipality) for incarceration of an undocumented 
        criminal alien may, at the discretion of the recipient 
        of the funds, be used for the costs of imprisonment of 
        such alien in a State, local, or municipal prison or 
        jail.''.
            (2) Effective date.--The amendment made by 
        paragraph (1) shall apply beginning with fiscal year 
        1997.
    (b) Sense of the Congress With Respect to Program.--
            (1) Findings.--The Congress finds as follows:
                    (A) Of the $130,000,000 appropriated in 
                fiscal year 1995 for the State Criminal Alien 
                Assistance Program, the Department of Justice 
                disbursed the first $43,000,000 to States on 
                October 6, 1994, 32 days before the 1994 
                general election, and then failed to disburse 
                the remaining $87,000,000 until January 31, 
                1996, 123 days after the end of fiscal year 
                1995.
                    (B) While H.R. 2880, the continuing 
                appropriation measure funding certain 
                operations of the Federal Government from 
                January 26, 1996 to March 15, 1996, included 
                $66,000,000 to reimburse States for the cost of 
                incarcerating documented illegal immigrant 
                felons, the Department of Justice failed to 
                disburse any of the funds to the States during 
                the period of the continuing appropriation.
            (2) Sense of the congress.--It is the sense of the 
        Congress that--
                    (A) the Department of Justice was 
                disturbingly slow in disbursing fiscal year 
                1995 funds under the State Criminal Alien 
                Assistance Program to States after the initial 
                grants were released just prior to the 1994 
                election; and
                    (B) the Attorney General should make it a 
                high priority to expedite the disbursement of 
                Federal funds intended to reimburse States for 
                the cost of incarcerating illegal immigrants, 
                aiming for all State Criminal Alien Assistance 
                Program funds to be disbursed during the fiscal 
                year for which they are appropriated.

SEC. 329. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLEGAL ALIENS IN 
                    INCARCERATION FACILITY OF ANAHEIM, CALIFORNIA.

    (a) Authority.--The Attorney General shall conduct a 
project demonstrating the feasibility of identifying, from 
among the individuals who are incarcerated in local 
governmental prison facilities prior to arraignment on criminal 
charges, those individuals who are aliens unlawfully present in 
the United States.
    (b) Description of Project.--The project authorized by 
subsection (a) shall include--
            (1) the detail to incarceration facilities within 
        the city of Anaheim, California and the county of 
        Ventura, California, of an employee of the Immigration 
        and Naturalization Service who has expertise in the 
        identification of aliens unlawfully in the United 
        States, and
            (2) provision of funds sufficient to provide for--
                    (A) access for such employee to records of 
                the Service necessary to identify such aliens, 
                and
                    (B) in the case of an individual identified 
                as such an alien, pre-arraignment reporting to 
                the court regarding the Service's intention to 
                remove the alien from the United States.
    (c) Termination.--The authority under this section shall 
cease to be effective 6 months after the date of the enactment 
of this Act.

SEC. 330. PRISONER TRANSFER TREATIES.

    (a) Negotiations With Other Countries.--(1) Congress 
advises the President to begin to negotiate and renegotiate, 
not later than 90 days after the date of enactment of this Act, 
bilateral prisoner transfer treaties, providing for the 
incarceration, in the country of the alien's nationality, of 
any alien who--
            (A) is a national of a country that is party to 
        such a treaty; and
            (B) has been convicted of a criminal offense under 
        Federal or State law and who--
                    (i) is not in lawful immigration status in 
                the United States, or
                    (ii) on the basis of conviction for a 
                criminal offense under Federal or State law, or 
                on any other basis, is subject to deportation 
                or removal under the Immigration and 
                Nationality Act,

for the duration of the prison term to which the alien was 
sentenced for the offense referred to in subparagraph (B). Any 
such agreement may provide for the release of such alien 
pursuant to parole procedures of that country.
    (2) In entering into negotiations under paragraph (1), the 
President may consider providing for appropriate compensation, 
subject to the availability of appropriations, in cases where 
the United States is able to independently verify the adequacy 
of the sites where aliens will be imprisoned and the length of 
time the alien is actually incarcerated in the foreign country 
under such a treaty.
    (b) Sense of Congress.--It is the sense of the Congress 
that--
            (1) the focus of negotiations for such agreements 
        should be--
                    (A) to expedite the transfer of aliens 
                unlawfully in the United States who are (or are 
                about to be) incarcerated in United States 
                prisons,
                    (B) to ensure that a transferred prisoner 
                serves the balance of the sentence imposed by 
                the United States courts,
                    (C) to eliminate any requirement of 
                prisoner consent to such a transfer, and
                    (D) to allow the Federal Government or the 
                States to keep their original prison sentences 
                in force so that transferred prisoners who 
                return to the United States prior to the 
                completion of their original United States 
                sentences can be returned to custody for the 
                balance of their prisons sentences;
            (2) the Secretary of State should give priority to 
        concluding an agreement with any country for which the 
        President determines that the number of aliens 
        described in subsection (a) who are nationals of that 
        country in the United States represents a significant 
        percentage of all such aliens in the United States; and
            (3) no new treaty providing for the transfer of 
        aliens from Federal, State, or local incarceration 
        facilities to a foreign incarceration facility should 
        permit the alien to refuse the transfer.
    (c) Prisoner Consent.--Notwithstanding any other provision 
of law, except as required by treaty, the transfer of an alien 
from a Federal, State, or local incarceration facility under an 
agreement of the type referred to in subsection (a) shall not 
require consent of the alien.
    (d) Annual Report.--Not later than 90 days after the date 
of the enactment of this Act, and annually thereafter, the 
Attorney General shall submit a report to the Committees on the 
Judiciary of the House of Representatives and of the Senate 
stating whether each prisoner transfer treaty to which the 
United States is a party has been effective in the preceding 12 
months in bringing about the return of deportable incarcerated 
aliens to the country of which they are nationals and in 
ensuring that they serve the balance of their sentences.
    (e) Training Foreign Law Enforcement Personnel.--(1) 
Subject to paragraph (2), the President shall direct the Border 
Patrol Academy and the Customs Service Academy to enroll for 
training an appropriate number of foreign law enforcement 
personnel, and shall make appointments of foreign law 
enforcement personnel to such academies, as necessary to 
further the following United States law enforcement goals:
            (A) Preventing of drug smuggling and other cross-
        border criminal activity.
            (B) Preventing illegal immigration.
            (C) Preventing the illegal entry of goods into the 
        United States (including goods the sale of which is 
        illegal in the United States, the entry of which would 
        cause a quota to be exceeded, or the appropriate duty 
        or tariff for which has not been paid).
    (2) The appointments described in paragraph (1) shall be 
made only to the extent there is capacity in such academies 
beyond what is required to train United States citizens needed 
in the Border Patrol and Customs Service, and only of personnel 
from a country with which the prisoner transfer treaty has been 
stated to be effective in the most recent report referred to in 
subsection (d).
    (f) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section.

SEC. 331. PRISONER TRANSFER TREATIES STUDY.

    (a) Report to Congress.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State and 
the Attorney General shall submit to the Committees on the 
Judiciary of the House of Representatives and of the Senate a 
report that describes the use and effectiveness of the prisoner 
transfer treaties with the three countries with the greatest 
number of their nationals incarcerated in the United States in 
removing from the United States such incarcerated nationals.
    (b) Use of Treaty.--The report under subsection (a) shall 
include--
            (1) the number of aliens convicted of a criminal 
        offense in the United States since November 30, 1977, 
        who would have been or are eligible for transfer 
        pursuant to the treaties;
            (2) the number of aliens described in paragraph (1) 
        who have been transferred pursuant to the treaties;
            (3) the number of aliens described in paragraph (2) 
        who have been incarcerated in full compliance with the 
        treaties;
            (4) the number of aliens who are incarcerated in a 
        penal institution in the United States who are eligible 
        for transfer pursuant to the treaties; and
            (5) the number of aliens described in paragraph (4) 
        who are incarcerated in Federal, State, and local penal 
        institutions in the United States.
    (c) Recommendations.--The report under subsection (a) shall 
include the recommendations of the Secretary of State and the 
Attorney General to increase the effectiveness and use of, and 
full compliance with, the treaties. In considering the 
recommendations under this subsection, the Secretary and the 
Attorney General shall consult with such State and local 
officials in areas disproportionately impacted by aliens 
convicted of criminal offenses as the Secretary and the 
Attorney General consider appropriate. Such recommendations 
shall address--
            (1) changes in Federal laws, regulations, and 
        policies affecting the identification, prosecution, and 
        deportation of aliens who have committed criminal 
        offenses in the United States;
            (2) changes in State and local laws, regulations, 
        and policies affecting the identification, prosecution, 
        and deportation of aliens who have committed a criminal 
        offense in the United States;
            (3) changes in the treaties that may be necessary 
        to increase the number of aliens convicted of criminal 
        offenses who may be transferred pursuant to the 
        treaties;
            (4) methods for preventing the unlawful reentry 
        into the United States of aliens who have been 
        convicted of criminal offenses in the United States and 
        transferred pursuant to the treaties;
            (5) any recommendations by appropriate officials of 
        the appropriate government agencies of such countries 
        regarding programs to achieve the goals of, and ensure 
        full compliance with, the treaties;
            (6) whether the recommendations under this 
        subsection require the renegotiation of the treaties; 
        and
            (7) the additional funds required to implement each 
        recommendation under this subsection.

SEC. 332. ANNUAL REPORT ON CRIMINAL ALIENS.

    Not later than 12 months after the date of the enactment of 
this Act, and annually thereafter, the Attorney General shall 
submit to the Committees on the Judiciary of the House of 
Representatives and of the Senate a report detailing--
            (1) the number of illegal aliens incarcerated in 
        Federal and State prisons for having committed 
        felonies, stating the number incarcerated for each type 
        of offense;
            (2) the number of illegal aliens convicted of 
        felonies in any Federal or State court, but not 
        sentenced to incarceration, in the year before the 
        report was submitted, stating the number convicted for 
        each type of offense;
            (3) programs and plans underway in the Department 
        of Justice to ensure the prompt removal from the United 
        States of criminal aliens subject to removal; and
            (4) methods for identifying and preventing the 
        unlawful reentry of aliens who have been convicted of 
        criminal offenses in the United States and removed from 
        the United States.

SEC. 333. PENALTIES FOR CONSPIRING WITH OR ASSISTING AN ALIEN TO COMMIT 
                    AN OFFENSE UNDER THE CONTROLLED SUBSTANCES IMPORT 
                    AND EXPORT ACT.

    (a) Review of Guidelines.--Not later than 6 months after 
the date of the enactment of this Act, the United States 
Sentencing Commission shall conduct a review of the guidelines 
applicable to an offender who conspires with, or aids or abets, 
a person who is not a citizen or national of the United States 
in committing any offense under section 1010 of the Controlled 
Substance Import and Export Act (21 U.S.C. 960).
    (b) Revision of Guidelines.--Following such review, 
pursuant to section 994(p) of title 28, United States Code, the 
Commission shall promulgate sentencing guidelines or amend 
existing sentencing guidelines to ensure an appropriately 
stringent sentence for such offenders.

SEC. 334. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL REENTRY, 
                    AND PASSPORT AND VISA FRAUD.

    (a) Failing to Depart.--The United States Sentencing 
Commission shall promptly promulgate, pursuant to section 994 
of title 28, United States Code, amendments to the sentencing 
guidelines to make appropriate increases in the base offense 
level for offenses under section 242(e) and 276(b) of the 
Immigration and Nationality Act (8 U.S.C. 1252(e) and 1326(b)) 
to reflect the amendments made by section 130001 of the Violent 
Crime Control and Law Enforcement Act of 1994.
    (b) Passport and Visa Offenses.--The United States 
Sentencing Commission shall promptly promulgate, pursuant to 
section 994 of title 28, United States Code, amendments to the 
sentencing guidelines to make appropriate increases in the base 
offense level for offenses under chapter 75 of title 18, United 
States Code to reflect the amendments made by section 130009 of 
the Violent Crime Control and Law Enforcement Act of 1994.

     Subtitle C--Revision of Grounds for Exclusion and Deportation

SEC. 341. PROOF OF VACCINATION REQUIREMENT FOR IMMIGRANTS.

    (a) In General.--Section 212(a)(1)(A) (8 U.S.C. 
1182(a)(1)(A)) is amended--
            (1) by redesignating clauses (ii) and (iii) as 
        clauses (iii) and (iv), respectively, and
            (2) by inserting after clause (i) the following new 
        clause:
                            ``(ii) 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,''.
    (b) Waiver.--Section 212(g) (8 U.S.C. 1182(g)) is amended 
by striking ``, or'' at the end of paragraph (1) and all that 
follows and inserting a semicolon and the following:

        ``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 of the 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.''.
    (c) Effective Date.--The amendments made by this section 
shall apply with respect to applications for immigrant visas or 
for adjustment of status filed after September 30, 1996.

SEC. 342. INCITEMENT OF TERRORIST ACTIVITY AND PROVISION OF FALSE 
                    DOCUMENTATION TO TERRORISTS AS A BASIS FOR 
                    EXCLUSION FROM THE UNITED STATES.

    (a) In General.--Section 212(a)(3)(B) (8 U.S.C. 
1182(a)(3)(B)) is amended--
            (1) by redesignating subclauses (III) and (IV) of 
        clause (i) as subclauses (IV) and (V), respectively;
            (2) by inserting after subclause (II) of clause (i) 
        the following new subclause:
                                    ``(III) has, under 
                                circumstances indicating an 
                                intention to cause death or 
                                serious bodily harm, incited 
                                terrorist activity,''; and
            (3) in clause (iii)(III), by inserting 
        ``documentation or'' before ``identification'';
    (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 incitement regardless of when it occurs.

SEC. 343. CERTIFICATION REQUIREMENTS FOR FOREIGN HEALTH-CARE WORKERS.

    Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended--
            (1) by redesignating subparagraph (C) as 
        subparagraph (D), and
            (2) by inserting after subparagraph (B) the 
        following new subparagraph:
                    ``(C) Uncertified foreign health-care 
                workers.--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 excludable 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.''.

SEC. 344. REMOVAL OF ALIENS FALSELY CLAIMING UNITED STATES CITIZENSHIP.

    (a) Exclusion of Aliens Who Have Falsely Claimed United 
States Citizenship.--Section 212(a)(6)(C) (8 U.S.C. 
1182(a)(6)(C)) is amended--
            (1) by redesignating clause (ii) as clause (iii), 
        and
            (2) by inserting after clause (i) the following new 
        clause:
                            ``(ii) Falsely claiming 
                        citizenship.--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 excludable.''.
    (b) Deportation of Aliens Who Have Falsely Claimed United 
States Citizenship.--Section 241(a)(3) (8 U.S.C. 1251(a)(3)) is 
amended by adding at the end the following new subparagraph:
                    ``(D) Falsely claiming citizenship.--Any 
                alien who falsely represents, or has falsely 
                represented, himself to be a citizen of the 
                United States for any purpose or benefit under 
                this Act (including section 274A) or any 
                Federal or State law is deportable.''.
    (c) Effective Date.--The amendments made by this section 
shall apply to representations made on or after the date of the 
enactment of this Act.

SEC. 345. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR CERTAIN 
                    SECTION 274C VIOLATORS.

    (a) Exclusion Grounds.--Section 212 (8 U.S.C. 1182) is 
amended--
            (1) by amending subparagraph (F) of subsection 
        (a)(6) to read as follows:
                    ``(F) Subject of civil penalty.--
                            ``(i) In general.--An alien who is 
                        the subject of a final order for 
                        violation of section 274C is 
                        inadmissible.
                            ``(ii) Waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (d)(12).''; and
            (2) by adding at the end of subsection (d) the 
        following new paragraph:
    ``(12) The Attorney General may, in the discretion of the 
Attorney General for humanitarian purposes or to assure family 
unity, waive application of clause (i) of subsection 
(a)(6)(F)--
            ``(A) in the case of an alien lawfully admitted for 
        permanent residence who temporarily proceeded abroad 
        voluntarily and not under an order of deportation or 
        removal and who is otherwise admissible to the United 
        States as a returning resident under section 211(b), 
        and
            ``(B) in the case of an alien seeking admission or 
        adjustment of status under section 201(b)(2)(A) or 
        under section 203(a),

if no previous civil money penalty was imposed against the 
alien under section 274C and the offense was committed solely 
to assist, aid, or support the alien's spouse or child (and not 
another individual). No court shall have jurisdiction to review 
a decision of the Attorney General to grant or deny a waiver 
under this paragraph.''.
    (b) Ground of Deportation.--Subparagraph (C) of section 
241(a)(3) (8 U.S.C. 1251(a)(3)), before redesignation by 
section 305(a)(2), is amended to read as follows:
                    ``(C) Document fraud.--
                            ``(i) In general.--An alien who is 
                        the subject of a final order for 
                        violation of section 274C is 
                        deportable.
                            ``(ii) Waiver authorized.--The 
                        Attorney General may waive clause (i) 
                        in the case of an alien lawfully 
                        admitted for permanent residence if no 
                        previous civil money penalty was 
                        imposed against the alien under section 
                        274C and the offense was incurred 
                        solely to assist, aid, or support the 
                        alien's spouse or child (and no other 
                        individual). No court shall have 
                        jurisdiction to review a decision of 
                        the Attorney General to grant or deny a 
                        waiver under this clause.''.

SEC. 346. INADMISSIBILITY OF CERTAIN STUDENT VISA ABUSERS.

    (a) In General.--Section 212(a)(6) (8 U.S.C. 1182(a)(6)) is 
amended by adding at the end the following new subparagraph:
                    ``(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 excludable until the alien has been 
                outside the United States for a continuous 
                period of 5 years after the date of the 
                violation.''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall apply to aliens who obtain the status of a nonimmigrant 
under section 101(a)(15)(F) of the Immigration and Nationality 
Act after the end of the 60-day period beginning on the date of 
the enactment of this Act, including aliens whose status as 
such a nonimmigrant is extended after the end of such period.

SEC. 347. REMOVAL OF ALIENS WHO HAVE UNLAWFULLY VOTED.

    (a) Exclusion of Aliens Who Have Unlawfully Voted.--Section 
212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by section 
301(b), is amended by adding at the end the following new 
subparagraph:
                    ``(D) Unlawful voters.--Any alien who has 
                voted in violation of any Federal, State, or 
                local constitutional provision, statute, 
                ordinance, or regulation is excludable.''.
    (b) Deportation of Aliens Who Have Unlawfully Voted.--
Section 241(a) (8 U.S.C. 1251(a)), before redesignation by 
section 305(a)(2), is amended by adding at the end the 
following new paragraph:
            ``(6) Unlawful voters.--Any alien who has voted in 
        violation of any Federal, State, or local 
        constitutional provision, statute, ordinance, or 
        regulation is deportable.''.
    (c) Effective Date.--The amendments made by this section 
shall apply to voting occurring before, on, or after the date 
of the enactment of this Act.

SEC. 348. WAIVERS FOR IMMIGRANTS CONVICTED OF CRIMES.

    (a) In General.--Section 212(h) (8 U.S.C. 1182(h)) is 
amended by adding at the end the following: ``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 
court shall have jurisdiction to review a decision of the 
Attorney General to grant or deny a waiver under this 
subsection.''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall be effective on the date of the enactment of this Act and 
shall apply in the case of any alien who is in exclusion or 
deportation proceedings as of such date unless a final 
administrative order in such proceedings has been entered as of 
such date.

SEC. 349. WAIVER OF MISREPRESENTATION GROUND OF INADMISSIBILITY FOR 
                    CERTAIN ALIEN.

    Subsection (i) of section 212 (8 U.S.C. 1182) is amended to 
read as follows:
    ``(i)(1) The Attorney General may, in the discretion of the 
Attorney General, waive the application of clause (i) of 
subsection (a)(6)(C) in the case of an immigrant who is the 
spouse, son, or daughter of a United States citizen or of an 
alien lawfully admitted for permanent residence if it is 
established to the satisfaction of the Attorney General that 
the refusal of admission to the United States of such immigrant 
alien would result in extreme hardship to the citizen or 
lawfully resident spouse or parent of such an alien.
    ``(2) No court shall have jurisdiction to review a decision 
or action of the Attorney General regarding a waiver under 
paragraph (1).''.

SEC. 350. OFFENSES OF DOMESTIC VIOLENCE AND STALKING AS GROUND FOR 
                    DEPORTATION.

    (a) In General.--Section 241(a)(2) (8 U.S.C. 1251(a)(2)) is 
amended by adding at the end the following:
                    ``(E) Crimes of domestic violence, 
                stalking, or violation of protection order, 
                crimes against children and .--
                            ``(i) Domestic violence, stalking, 
                        and child abuse.--Any alien who at any 
                        time after entry is convicted of a 
                        crime of domestic violence, a crime of 
                        stalking, or a crime of child abuse, 
                        child neglect, or child abandonment is 
                        deportable. For purposes of this 
                        clause, the term `crime of domestic 
                        violence' means any crime of violence 
                        (as defined in section 16 of title 18, 
                        United States Code) against a person 
                        committed by a current or former spouse 
                        of the person, by an individual with 
                        whom the person shares a child in 
                        common, by an individual who is 
                        cohabiting with or has cohabited with 
                        the person as a spouse, by an 
                        individual similarly situated to a 
                        spouse of the person under the domestic 
                        or family violence laws of the 
                        jurisdiction where the offense occurs, 
                        or by any other individual against a 
                        person who is protected from that 
                        individual's acts under the domestic or 
                        family violence laws of the United 
                        States or any State, Indian tribal 
                        government, or unit of local 
                        government.
                    ``(ii) Violators of protection orders.--Any 
                alien who at any time after entry is enjoined 
                under a protection order issued by a court and 
                whom the court determines has engaged in 
                conduct that violates the portion of a 
                protection order that involves protection 
                against credible threats of violence, repeated 
                harassment, or bodily injury to the person or 
                persons for whom the protection order was 
                issued is deportable. For purposes of this 
                clause, the term `protection order' means any 
                injunction issued for the purpose of preventing 
                violent or threatening acts of domestic 
                violence, including temporary or final orders 
                issued by civil or criminal courts (other than 
                support or child custody orders or provisions) 
                whether obtained by filing an independent 
                action or as a pendente lite order in another 
                proceeding.''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall apply to convictions, or violations of court orders, 
occurring after the date of the enactment of this Act.

SEC. 351. CLARIFICATION OF DATE AS OF WHICH RELATIONSHIP REQUIRED FOR 
                    WAIVER FROM EXCLUSION OR DEPORTATION FOR SMUGGLING.

    (a) Exclusion.--Section 212(d)(11) (8 U.S.C. 1182(d)(11)) 
is amended by inserting ``an individual who at the time of such 
action was'' after ``aided only''.
    (b) Deportation.--Section 241(a)(1)(E)(iii) (8 U.S.C. 
1251(a)(1)(E)(iii)) is amended by inserting ``an individual who 
at the time of the offense was'' after ``aided only''.
    (c) Effective Date.--The amendments made by this section 
shall apply to applications for waivers filed before, on, or 
after the date of the enactment of this Act, but shall not 
apply to such an application for which a final determination 
has been made as of the date of the enactment of this Act.

SEC. 352. EXCLUSION OF FORMER CITIZENS WHO RENOUNCED CITIZENSHIP TO 
                    AVOID UNITED STATES TAXATION.

    (a) In General.--Section 212(a)(10) (8 U.S.C. 1182(a)(10)), 
as redesignated by section 301(b) and as amended by section 
347(a), is amended by adding at the end the following:
                    ``(E) Former citizens who renounced 
                citizenship to avoid taxation.--Any alien who 
                is a former citizen of the United States who 
                officially renounces United States citizenship 
                and who is determined by the Attorney General 
                to have renounced United States citizenship for 
                the purpose of avoiding taxation by the United 
                States is excludable.''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall apply to individuals who renounce United States 
citizenship on and after the date of the enactment of this Act.

SEC. 353. REFERENCES TO CHANGES ELSEWHERE IN ACT.

    (a) Deportation for High Speed Flight.--For provision 
making high speed flight from an immigration checkpoint subject 
to deportation, see section 108(c).
    (b) Inadmissibility of Aliens Previously Removed and 
Unlawfully Present.--For provision making aliens previously 
removed and unlawfully present in the United States 
inadmissible, see section 301(b).
    (c) Inadmissibility of Illegal Entrants.--For provision 
revising the ground of inadmissibility for illegal entrants and 
immigration violators, see section 301(c).
    (d) Deportation for Visa Violators.--For provision revising 
the ground of deportation for illegal entrants, see section 
301(d).
    (e) Labor Certifications for Professional Athletes.--For 
provision providing for continued validity of labor 
certifications and classification petitions for professional 
athletes, see section 624.

      Subtitle D--Changes in Removal of Alien Terrorist Provisions

SEC. 354. TREATMENT OF CLASSIFIED INFORMATION.

    (a) Limitation on Provision of Summaries; Use of Special 
Attorneys in Challenges to Classified Information.--
            (1) No provision of summary in certain cases.--
        Section 504(e)(3)(D) (8 U.S.C. 1534(e)(3)(D)) is 
        amended--
                    (A) in clause (ii), by inserting before the 
                period at the end the following: ``unless the 
                judge makes the findings under clause (iii)'', 
                and
                    (B) by adding at the end the following new 
                clause:
                            ``(iii) Findings.--The findings 
                        described in this clause are, with 
                        respect to an alien, that--
                                    ``(I) the continued 
                                presence of the alien in the 
                                United States would likely 
                                cause serious and irreparable 
                                harm to the national security 
                                or death or serious bodily 
                                injury to any person, and
                                    ``(II) the provision of the 
                                summary would likely cause 
                                serious and irreparable harm to 
                                the national security or death 
                                or serious bodily injury to any 
                                person.''.
            (2) Special challenge procedures.--Section 
        504(e)(3) (8 U.S.C. 1534(e)(3)) is amended by adding at 
        the end the following new subparagraphs:
                    ``(E) Continuation of hearing without 
                summary.--If a judge makes the findings 
                described in subparagraph (D)(iii)--
                            ``(i) if the alien involved is an 
                        alien lawfully admitted for permanent 
                        residence, the procedures described in 
                        subparagraph (F) shall apply; and
                            ``(ii) in all cases the special 
                        removal hearing shall continue, the 
                        Department of Justice shall cause to be 
                        delivered to the alien a statement that 
                        no summary is possible, and the 
                        classified information submitted in 
                        camera and ex parte may be used 
                        pursuant to this paragraph.
                    ``(F) Special procedures for access and 
                challenges to classified information by special 
                attorneys in case of lawful permanent aliens.--
                            ``(i) In general.--The procedures 
                        described in this subparagraph are that 
                        the judge (under rules of the removal 
                        court) shall designate a special 
                        attorney to assist the alien--
                                    ``(I) by reviewing in 
                                camera the classified 
                                information on behalf of the 
                                alien, and
                                    ``(II) by challenging 
                                through an in camera proceeding 
                                the veracity of the evidence 
                                contained in the classified 
                                information.
                            ``(ii) Restrictions on 
                        disclosure.--A special attorney 
                        receiving classified information under 
                        clause (i)--
                                    ``(I) shall not disclose 
                                the information to the alien or 
                                to any other attorney 
                                representing the alien, and
                                    ``(II) who discloses such 
                                information in violation of 
                                subclause (I) shall be subject 
                                to a fine under title 18, 
                                United States Code, imprisoned 
                                for not less than 10 years nor 
                                more than 25 years, or both.''.
            (3) Appeals.--Section 505(c) (8 U.S.C. 1535(c)) is 
        amended--
                    (A) in paragraph (1), by striking ``The 
                decision'' and inserting ``Subject to paragraph 
                (2), the decision'';
                    (B) in paragraph (3)(D), by inserting 
                before the period at the end the following: ``, 
                except that in the case of a review under 
                paragraph (2) in which an alien lawfully 
                admitted for permanent residence was denied a 
                written summary of classified information under 
                section 504(c)(3), the Court of Appeals shall 
                review questions of fact de novo'';
                    (C) by redesignating paragraphs (2) and (3) 
                as paragraphs (3) and (4), respectively; and
                    (D) by inserting after paragraph (1) the 
                following new paragraph:
            ``(2) Automatic appeals in cases of permanent 
        resident aliens in which no summary provided.--
                    ``(A) In general.--Unless the alien waives 
                the right to a review under this paragraph, in 
                any case involving an alien lawfully admitted 
                for permanent residence who is denied a written 
                summary of classified information under section 
                504(e)(3) and with respect to which the 
                procedures described in section 504(e)(3)(F) 
                apply, any order issued by the judge shall be 
                reviewed by the Court of Appeals for the 
                District of Columbia Circuit.
                    ``(B) Use of special attorney.--With 
                respect to any issue relating to classified 
                information that arises in such review, the 
                alien shall be represented only by the special 
                attorney designated under section 
                504(e)(3)(F)(i) on behalf of the alien.''.
            (4) Establishment of panel of special attorneys.--
        Section 502 (8 U.S.C. 1532) is amended by adding at the 
        end the following new subsection:
    ``(e) Establishment of Panel of Special Attorneys.--The 
removal court shall provide for the designation of a panel of 
attorneys each of whom--
            ``(1) has a security clearance which affords the 
        attorney access to classified information, and
            ``(2) has agreed to represent permanent resident 
        aliens with respect to classified information under 
        section 504(e)(3) in accordance with (and subject to 
        the penalties under) this title.''.
            (5) Definition of special attorney.--Section 501 (8 
        U.S.C. 1531) is amended--
                    (A) by striking ``and'' at the end of 
                paragraph (5),
                    (B) by striking the period at the end of 
                paragraph (6) and inserting ``; and'', and
                    (C) by adding at the end the following new 
                paragraph:
            ``(7) the term `special attorney' means an attorney 
        who is on the panel established under section 
        502(e).''.
    (b) Other Provisions Relating to Classified Information.--
            (1) Introduction of classified information.--
        Section 504(e) (8 U.S.C. 1534(e)) is amended--
                    (A) in paragraph (1)--
                            (i) by inserting after ``(A)'' the 
                        following: ``the Government is 
                        authorized to use in a removal 
                        proceedings the fruits of electronic 
                        surveillance and unconsented physical 
                        searches authorized under the Foreign 
                        Intelligence Surveillance Act of 1978 
                        (50 U.S.C. 1801 et seq.) without regard 
                        to subsections (c), (e), (f), (g), and 
                        (h) of section 106 of that Act and'', 
                        and
                            (ii) by striking ``the Foreign 
                        Intelligence Surveillance Act of 1978 
                        (50 U.S.C. 1801 et seq.)'' and 
                        inserting ``such Act''; and
                    (B) by striking the period at the end of 
                paragraph (3)(A) and inserting the following: 
                ``and neither the alien nor the public shall be 
                informed of such evidence or its sources other 
                than through reference to the summary provided 
                pursuant to this paragraph. Notwithstanding the 
                previous sentence, the Department of Justice 
                may, in its discretion and, in the case of 
                classified information, after coordination with 
                the originating agency, elect to introduce such 
                evidence in open session.''.
            (2) Maintenance of confidentiality of classified 
        information in arguments.--Section 504(f) (8 U.S.C. 
        1534(f)) is amended by adding at the end the following: 
        ``The judge may allow any part of the argument that 
        refers to evidence received in camera and ex parte to 
        be heard in camera and ex parte.''.
            (3) Maintenance of confidentiality of classified 
        information in orders.--Section 504(j) (8 U.S.C. 
        1534(j)) is amended by adding at the end the following: 
        ``Any portion of the order that would reveal the 
        substance or source of information received in camera 
        and ex parte pursuant to subsection (e) shall not be 
        made available to the alien or the public.''.

SEC. 355. EXCLUSION OF REPRESENTATIVES OF TERRORISTS ORGANIZATIONS.

    Section 212(a)(3)(B)(i)(IV) (8 U.S.C. 
1182(a)(3)(B)(i)(VI)), as inserted by section 411(1)(C) of 
Public Law 104-132, is amended by inserting ``which the alien 
knows or should have known is a terrorist organization'' after 
``219,''.

SEC. 356. STANDARD FOR JUDICIAL REVIEW OF TERRORIST ORGANIZATION 
                    DESIGNATIONS.

    Section 219(b)(3) (8 U.S.C. 1189(b)(3)), as added by 
section 302(a) of Public Law 104-132, is amended--
            (1) by striking ``or'' at the end of subparagraph 
        (B),
            (2) by striking the period at the end of 
        subparagraph (C) and inserting a semicolon, and
            (3) by adding at the end the following:
                    ``(D) lacking substantial support in the 
                administrative record taken as a whole or in 
                classified information submitted to the court 
                under paragraph (2), or
                    ``(E) not in accord with the procedures 
                required by law.''.

SEC. 357. REMOVAL OF ANCILLARY RELIEF FOR VOLUNTARY DEPARTURE.

    Section 504(k) (8 U.S.C. 1534(k)) is amended--
            (1) by redesignating paragraphs (4) and (5) as 
        paragraphs (5) and (6), and
            (2) by inserting after paragraph (3) the following 
        new paragraph:
            ``(4) voluntary departure under section 244(e);''.

SEC. 358. EFFECTIVE DATE.

    The amendments made by this subtitle shall be effective as 
if included in the enactment of subtitle A of title IV of the 
Antiterrorism and Effective Death Penalty Act of 1996 (Public 
Law 104-132).

                  Subtitle E--Transportation of Aliens

SEC. 361. DEFINITION OF STOWAWAY.

    (a) Stowaway Defined.--Section 101(a) (8 U.S.C. 1101(a)), 
as amended by section 322(a)(1), is amended by adding at the 
end the following new paragraph:
    ``(49) The term `stowaway' means any alien who obtains 
transportation without the consent of the owner, charterer, 
master or person in command of any vessel or aircraft through 
concealment aboard such vessel or aircraft. A passenger who 
boards with a valid ticket is not to be considered a 
stowaway.''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act.

SEC. 362. TRANSPORTATION CONTRACTS.

    (a) Coverage of Noncontiguous Territory.--Section 238 (8 
U.S.C. 1228), before redesignation as section 233 under section 
308(b)(4), is amended--
            (1) in the heading, by striking ``contiguous'', and
            (2) by striking ``contiguous'' each place it 
        appears in subsections (a), (b), and (d).
    (b) Coverage of Railroad Train.--Subsection (d) of such 
section is further amended by inserting ``or railroad train'' 
after ``aircraft''.

                   Subtitle F--Additional Provisions

SEC. 371. IMMIGRATION JUDGES AND COMPENSATION.

    (a) Definition of Term.--Paragraph (4) of section 101(b) (8 
U.S.C. 1101(b)) is amended to read as follows:
    ``(4) The term `immigration judge' means an attorney whom 
the Attorney General appoints as an administrative judge within 
the Executive Office for Immigration Review, qualified to 
conduct specified classes of proceedings, including a hearing 
under section 240. An immigration judge shall be subject to 
such supervision and shall perform such duties as the Attorney 
General shall prescribe, but shall not be employed by the 
Immigration and Naturalization Service.''.
    (b) Substitution for Term ``Special Inquiry Officer''.--The 
Immigration and Nationality Act is amended by striking ``a 
special inquiry officer'', ``A special inquiry officer'', 
``special inquiry officer'', and ``special inquiry officers'' 
and inserting ``an immigration judge'', ``An immigration 
judge'', ``immigration judge'', and ``immigration judges'', 
respectively, each place it appears in the following sections:
            (1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)), 
        before its repeal by section 306(c).
            (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
            (3) Section 234 (8 U.S.C. 1224), before 
        redesignation by section 308(b).
            (4) Section 235 (8 U.S.C. 1225), before amendment 
        by section 302(a).
            (5) Section 236 (8 U.S.C. 1226), before amendment 
        by section 303.
            (6) Section 242(b) (8 U.S.C. 1252(b)), before 
        amendment by section 306(a)(2).
            (7) Section 242B(d)(1) (8 U.S.C. 1252b(d)(1)), 
        before repeal by section 306(b)(6).
            (8) Section 273(d) (8 U.S.C. 1323(d)), before its 
        repeal by section 308(e)(13).
            (9) Section 292 (8 U.S.C. 1362).
    (c) Compensation for Immigration Judges.--
            (1) In general.--There shall be four levels of pay 
        for immigration judges, under the Immigration Judge 
        Schedule (designated as IJ-1, 2, 3, and 4, 
        respectively), and each such judge shall be paid at one 
        of those levels, in accordance with the provisions of 
        this subsection.
            (2) Rates of pay.--
                    (A) The rates of basic pay for the levels 
                established under paragraph (1) shall be as 
                follows:
  IJ-1..............70% of the next to highest rate of basic pay for the 
                    Senior Executive Service
  IJ-2..............80% of the next to highest rate of basic pay for the 
                    Senior Executive Service
  IJ-3..............90% of the next to highest rate of basic pay for the 
                    Senior Executive Service
  IJ-4..............92% of the next to highest rate of basic pay for the 
                    Senior Executive Service.
                    (B) Locality pay, where applicable, shall 
                be calculated into the basic pay for 
                immigration judges.
            (3) Appointment.--
                    (A) Upon appointment, an immigration judge 
                shall be paid at IJ-1, and shall be advanced to 
                IJ-2 upon completion of 104 weeks of service, 
                to IJ-3 upon completion of 104 weeks of service 
                in the next lower rate, and to IJ-4 upon 
                completion of 52 weeks of service in the next 
                lower rate.
                    (B) Notwithstanding subparagraph (A), the 
                Attorney General may provide for appointment of 
                an immigration judge at an advanced rate under 
                such circumstances as the Attorney General may 
                determine appropriate.
            (4) Transition.--Immigration judges serving as of 
        the effective date shall be paid at the rate that 
        corresponds to the amount of time, as provided under 
        paragraph (3)(A), that they have served as an 
        immigration judge, and in no case shall be paid less 
        after the effective date than the rate of pay prior to 
        the effective date.
    (d) Effective Dates.--
            (1) Subsections (a) and (b) shall take effect on 
        the date of the enactment of this Act.
            (2) Subsection (c) shall take effect 90 days after 
        the date of the enactment of this Act.

SEC. 372. DELEGATION OF IMMIGRATION ENFORCEMENT AUTHORITY.

    Section 103(a) (8 U.S.C. 1103(a)) is amended--
            (1) inserting ``(1)'' after ``(a)'',
            (2) by designating each sentence (after the first 
        sentence) as a separate paragraph with appropriate 
        consecutive numbering and initial indentation,
            (3) by adding at the end the following new 
        paragraph:
    ``(8) In the event the Attorney General determines that an 
actual or imminent mass influx of aliens arriving off the coast 
of the United States, or near a land border, presents urgent 
circumstances requiring an immediate Federal response, the 
Attorney General may authorize any State or local law 
enforcement officer, with the consent of the head of the 
department, agency, or establishment under whose jurisdiction 
the individual is serving, to perform or exercise any of the 
powers, privileges, or duties conferred or imposed by this Act 
or regulations issued thereunder upon officers or employees of 
the Service.''.

SEC. 373. POWERS AND DUTIES OF THE ATTORNEY GENERAL AND THE 
                    COMMISSIONER.

    Section 103 (8 U.S.C. 1103) is amended--
            (1) by adding at the end of subsection (a) the 
        following new paragraph:
    ``(9) The Attorney General, in support of persons in 
administrative detention in non-Federal institutions, is 
authorized--
            ``(A) to make payments from funds appropriated for 
        the administration and enforcement of the laws relating 
        to immigration, naturalization, and alien registration 
        for necessary clothing, medical care, necessary guard 
        hire, and the housing, care, and security of persons 
        detained by the Service pursuant to Federal law under 
        an agreement with a State or political subdivision of a 
        State; and
            ``(B) to enter into a cooperative agreement with 
        any State, territory, or political subdivision thereof, 
        for the necessary construction, physical renovation, 
        acquisition of equipment, supplies or materials 
        required to establish acceptable conditions of 
        confinement and detention services in any State or unit 
        of local government which agrees to provide guaranteed 
        bed space for persons detained by the Service.''; and
            (2) by adding at the end of subsection (c), as 
        redesignated by section 102(d)(1), the following: ``The 
        Commissioner may enter into cooperative agreements with 
        State and local law enforcement agencies for the 
        purpose of assisting in the enforcement of the 
        immigration laws.''.

SEC. 374. JUDICIAL DEPORTATION.

    (a) In General.--Section 242A(d) (8 U.S.C. 1252a(d)), as 
added by section 224(a) of Immigration and Nationality 
Technical Corrections Act of 1994 and before redesignation by 
section 308(b)(5), is amended--
            (1) in paragraph (1), by striking ``whose criminal 
        conviction causes such alien to be deportable under 
        section 241(a)(2)(A)'' and inserting ``who is 
        deportable'';
            (2) in paragraph (4), by striking ``without a 
        decision on the merits''; and
            (3) by adding at the end the following new 
        paragraph:
            ``(5) Stipulated judicial order of deportation.--
        The United States Attorney, with the concurrence of the 
        Commissioner, may, pursuant to Federal Rule of Criminal 
        Procedure 11, enter into a plea agreement which calls 
        for the alien, who is deportable under this Act, to 
        waive the right to notice and a hearing under this 
        section, and stipulate to the entry of a judicial order 
        of deportation from the United States as a condition of 
        the plea agreement or as a condition of probation or 
        supervised release, or both. The United States district 
        court, in both felony and misdemeanor cases, and a 
        United States magistrate judge in misdemeanor cases, 
        may accept such a stipulation and shall have 
        jurisdiction to enter a judicial order of deportation 
        pursuant to the terms of such stipulation.''.
    (b) Deportation As a Condition of Probation.--Section 
3563(b) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph 
        (20);
            (2) by redesignating paragraph (21) as paragraph 
        (22); and
            (3) by inserting after paragraph (20) the following 
        new paragraph:
            ``(21) be ordered deported by a United States 
        district court, or United States magistrate judge, 
        pursuant to a stipulation entered into by the defendant 
        and the United States under section 242A(d)(5) of the 
        Immigration and Nationality Act, except that, in the 
        absence of a stipulation, the United States district 
        court or a United States magistrate judge, may order 
        deportation as a condition of probation, if, after 
        notice and hearing pursuant to such section, the 
        Attorney General demonstrates by clear and convincing 
        evidence that the alien is deportable; or''.
    (c) Effective Date.--The amendment made by subsection 
(a)(2) shall be effective as if included in the enactment of 
section 224(a) of the Immigration and Nationality Technical 
Corrections Act of 1994.

SEC. 375. LIMITATION ON ADJUSTMENT OF STATUS.

    Section 245(c) (8 U.S.C. 1255(c)) is amended--
            (1) by striking ``or (6)'' and inserting ``(6)''; 
        and
            (2) by inserting before the period at the end the 
        following: ``; (7) any alien who seeks adjustment of 
        status to that of an immigrant under section 203(b) and 
        is not in a lawful nonimmigrant status; or (8) any 
        alien who was employed while the alien was an 
        unauthorized alien, as defined in section 274A(h)(3), 
        or who has otherwise violated the terms of a 
        nonimmigrant visa''.

SEC. 376. TREATMENT OF CERTAIN FEES.

    (a) Increase in Fee.--Section 245(i) (8 U.S.C. 1255(i)), as 
added by section 506(b) of Public Law 103-317, is amended--
            (1) in paragraph (1), by striking ``five times the 
        fee required for the processing of applications under 
        this section'' and inserting ``$1,000''; and
            (2) by amending paragraph (3) to read as follows:
    ``(3)(A) The portion of each application fee (not to exceed 
$200) that the Attorney General determines is required to 
process an application under this section and is remitted to 
the Attorney General pursuant to paragraphs (1) and (2) of this 
subsection shall be disposed of by the Attorney General as 
provided in subsections (m), (n), and (o) of section 286.
    ``(B) Any remaining portion of such fees remitted under 
such paragraphs shall be deposited by the Attorney General into 
the Immigration Detention Account established under section 
286(s).''.
    (b) Immigration Detention Account.--Section 286 (8 U.S.C. 
1356) is amended by adding at the end the following new 
subsection:
    ``(s) Immigration Detention Account.--(1) There is 
established in the general fund of the Treasury a separate 
account which shall be known as the `Immigration Detention 
Account'. Notwithstanding any other section of this title, 
there shall be deposited as offsetting receipts into the 
Immigration Detention Account amounts described in section 
245(i)(3)(B) to remain available until expended.
    ``(2)(A) The Secretary of the Treasury shall refund out of 
the Immigration Detention Account to any appropriation the 
amount paid out of such appropriation for expenses incurred by 
the Attorney General for the detention of aliens under sections 
236(c) and 241(a).
    ``(B) The amounts which are required to be refunded under 
subparagraph (A) shall be refunded at least quarterly on the 
basis of estimates made by the Attorney General of the expenses 
referred to in subparagraph (A). Proper adjustments shall be 
made in the amounts subsequently refunded under subparagraph 
(A) to the extent prior estimates were in excess of, or less 
than, the amount required to be refunded under subparagraph 
(A).
    ``(C) The amounts required to be refunded from the 
Immigration Detention Account for fiscal year 1997 and 
thereafter shall be refunded in accordance with estimates made 
in the budget request of the Attorney General for those fiscal 
years. Any proposed changes in the amounts designated in such 
budget requests shall only be made after notification to the 
Committees on Appropriations of the House of Representatives 
and the Senate in accordance with section 605 of Public Law 
104-134.
    ``(D) The Attorney General shall prepare and submit 
annually to the Congress statements of financial condition of 
the Immigration Detention Account, including beginning account 
balance, revenues, withdrawals, and ending account balance and 
projection for the ensuing fiscal year.''.
    (c) Effective Date.--The amendments made by this section 
shall apply to applications made on or after the end of the 90-
day period beginning on the date of the enactment of this Act.

SEC. 377. LIMITATION ON LEGALIZATION LITIGATION.

    (a) Limitation on Court Jurisdiction.--Section 245A(f)(4) 
(8 U.S.C. 1255a(f)(4)) is amended by adding at the end the 
following new subparagraph:
                    ``(C) Jurisdiction of courts.--
                Notwithstanding any other provision of law, no 
                court shall have jurisdiction of any cause of 
                action or claim by or on behalf of any person 
                asserting an interest under this section unless 
                such person in fact filed an application under 
                this section within the period specified by 
                subsection (a)(1), or attempted to file a 
                complete application and application fee with 
                an authorized legalization officer of the 
                Service but had the application and fee refused 
                by that officer.''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall be effective as if included in the enactment of the 
Immigration Reform and Control Act of 1986.

SEC. 378. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.

    (a) In General.--Section 246(a) (8 U.S.C. 1256(a)) is 
amended by adding at the end the following sentence: ``Nothing 
in this subsection shall require the Attorney General to 
rescind the alien's status prior to commencement of procedures 
to remove the alien under section 240, and an order of removal 
issued by an immigration judge shall be sufficient to rescind 
the alien's status.''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect on the title III-A effective date (as defined 
in section 309(a)).

SEC. 379. ADMINISTRATIVE REVIEW OF ORDERS.

    (a) In General.--Sections 274A(e)(7) and 274C(d)(4) (8 
U.S.C. 1324a(e)(7), 1324c(d)(4)) are each amended--
            (1) by striking ``unless, within 30 days, the 
        Attorney General modifies or vacates the decision and 
        order'' and inserting ``unless either (A) within 30 
        days, an official delegated by regulation to exercise 
        review authority over the decision and order modifies 
        or vacates the decision and order, or (B) within 30 
        days of the date of such a modification or vacation (or 
        within 60 days of the date of decision and order of an 
        administrative law judge if not so modified or vacated) 
        the decision and order is referred to the Attorney 
        General pursuant to regulations''; and
            (2) by striking ``a final order'' and inserting 
        ``the final agency decision and order''.
    (b) Effective Date.--The amendments made by subsection (a) 
shall apply to orders issued on or after the date of the 
enactment of this Act.

SEC. 380. CIVIL PENALTIES FOR FAILURE TO DEPART.

    (a) In General.--The Immigration and Nationality Act is 
amended by inserting after section 274C the following new 
section:


                ``civil penalties for failure to depart


    ``Sec. 274D. (a) In General.--Any alien subject to a final 
order of removal who--
            ``(1) willfully fails or refuses to--
                    ``(A) depart from the United States 
                pursuant to the order,
                    ``(B) make timely application in good faith 
                for travel or other documents necessary for 
                departure, or
                    ``(C) present for removal at the time and 
                place required by the Attorney General; or
            ``(2) conspires to or takes any action designed to 
        prevent or hamper the alien's departure pursuant to the 
        order,

shall pay a civil penalty of not more than $500 to the 
Commissioner for each day the alien is in violation of this 
section.
    ``(b) Construction.--Nothing in this section shall be 
construed to diminish or qualify any penalties to which an 
alien may be subject for activities proscribed by section 
243(a) or any other section of this Act.''.
    (b) Clerical Amendment.--The table of contents is amended 
by inserting after the item relating to section 274C the 
following new item:

``Sec. 274D. Civil penalties for failure to depart.''.

    (c) Effective Date.--The amendment made by subsection (a) 
shall apply to actions occurring on or after the title III-A 
effective date (as defined in section 309(a)).

SEC. 381. CLARIFICATION OF DISTRICT COURT JURISDICTION.

    (a) In General.--Section 279 (8 U.S.C. 1329) is amended--
            (1) by amending the first sentence to read as 
        follows: ``The district courts of the United States 
        shall have jurisdiction of all causes, civil and 
        criminal, brought by the United States that arise under 
        the provisions of this title.'', and
            (2) by adding at the end the following new 
        sentence: ``Nothing in this section shall be construed 
        as providing jurisdiction for suits against the United 
        States or its agencies or officers.''.
    (b) Effective Date.--The amendments made by subsection (a) 
shall apply to actions filed after the date of the enactment of 
this Act.

SEC. 382. APPLICATION OF ADDITIONAL CIVIL PENALTIES TO ENFORCEMENT.

    (a) In General.--Subsection (b) of section 280 (8 U.S.C. 
1330) is amended to read as follows:
    ``(b)(1) There is established in the general fund of the 
Treasury a separate account which shall be known as the 
`Immigration Enforcement Account'. Notwithstanding any other 
section of this title, there shall be deposited as offsetting 
receipts into the Immigration Enforcement Account amounts 
described in paragraph (2) to remain available until expended.
    ``(2) The amounts described in this paragraph are the 
following:
            ``(A) The increase in penalties collected resulting 
        from the amendments made by sections 203(b) and 543(a) 
        of the Immigration Act of 1990.
            ``(B) Civil penalties collected under sections 
        240B(d), 274C, 274D, and 275(b).
    ``(3)(A) The Secretary of the Treasury shall refund out of 
the Immigration Enforcement Account to any appropriation the 
amount paid out of such appropriation for expenses incurred by 
the Attorney General for activities that enhance enforcement of 
provisions of this title. Such activities include--
            ``(i) the identification, investigation, 
        apprehension, detention, and removal of criminal 
        aliens;
            ``(ii) the maintenance and updating of a system to 
        identify and track criminal aliens, deportable aliens, 
        inadmissible aliens, and aliens illegally entering the 
        United States; and
            ``(iii) for the repair, maintenance, or 
        construction on the United States border, in areas 
        experiencing high levels of apprehensions of illegal 
        aliens, of structures to deter illegal entry into the 
        United States.
    ``(B) The amounts which are required to be refunded under 
subparagraph (A) shall be refunded at least quarterly on the 
basis of estimates made by the Attorney General of the expenses 
referred to in subparagraph (A). Proper adjustments shall be 
made in the amounts subsequently refunded under subparagraph 
(A) to the extent prior estimates were in excess of, or less 
than, the amount required to be refunded under subparagraph 
(A).
    ``(C) The amounts required to be refunded from the 
Immigration Enforcement Account for fiscal year 1996 and 
thereafter shall be refunded in accordance with estimates made 
in the budget request of the Attorney General for those fiscal 
years. Any proposed changes in the amounts designated in such 
budget requests shall only be made after notification to the 
Committees on Appropriations of the House of Representatives 
and the Senate in accordance with section 605 of Public Law 
104-134.
    ``(D) The Attorney General shall prepare and submit 
annually to the Congress statements of financial condition of 
the Immigration Enforcement Account, including beginning 
account balance, revenues, withdrawals, and ending account 
balance and projection for the ensuing fiscal year.''.
    (b) Immigration User Fee Account.--Section 286(h)(1)(B) (8 
U.S.C. 1356(h)(1)(B)) is amended by striking ``271'' and 
inserting ``243(c), 271,''.
    (c) Effective Date.--The amendments made by this section 
shall apply to fines and penalties collected on or after the 
date of the enactment of this Act.

SEC. 383. EXCLUSION OF CERTAIN ALIENS FROM FAMILY UNITY PROGRAM.

    (a) In General.--Section 301(e) of the Immigration Act of 
1990 (8 U.S.C. 1255a note) is amended--
            (1) by striking ``or'' at the end of paragraph (1),
            (2) by striking the period at the end of paragraph 
        (2) and inserting ``, or'', and
            (3) by adding at the end the following new 
        paragraph:
            ``(3) has committed an act of juvenile delinquency 
        which if committed by an adult would be classified as--
                    ``(A) a felony crime of violence that has 
                an element the use or attempted use of physical 
                force against another individual, or
                    ``(B) a felony offense that by its nature 
                involves a substantial risk that physical force 
                against another individual may be used in the 
                course of committing the offense.''.
    (b) Effective Date.--The amendments made by subsection (a) 
shall apply to benefits granted or extended after the date of 
the enactment of this Act.

SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION.

    (a) In General.--Except as provided in subsection (b), in 
no case may the Attorney General, or any other official or 
employee of the Department of Justice (including any bureau or 
agency of such Department)--
            (1) make an adverse determination of admissibility 
        or deportability of an alien under the Immigration and 
        Nationality Act using information furnished solely by--
                    (A) a spouse or parent who has battered the 
                alien or subjected the alien to extreme 
                cruelty,
                    (B) a member of the spouse's or parent's 
                family residing in the same household as the 
                alien who has battered the alien or subjected 
                the alien to extreme cruelty when the spouse or 
                parent consented to or acquiesced in such 
                battery or cruelty,
                    (C) a spouse or parent who has battered the 
                alien's child or subjected the alien's child to 
                extreme cruelty (without the active 
                participation of the alien in the battery or 
                extreme cruelty), or
                    (D) a member of the spouse's or parent's 
                family residing in the same household as the 
                alien who has battered the alien's child or 
                subjected the alien's child to extreme cruelty 
                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,

        unless the alien has been convicted of a crime or 
        crimes listed in section 241(a)(2) of the Immigration 
        and Nationality Act; or
            (2) permit use by or disclosure to anyone (other 
        than a sworn officer or employee of the Department, or 
        bureau or agency thereof, for legitimate Department, 
        bureau, or agency purposes) of any information which 
        relates to an alien who is the beneficiary of an 
        application for relief under clause (iii) or (iv) of 
        section 204(a)(1)(A), clause (ii) or (iii) of section 
        204(a)(1)(B), section 216(c)(4)(C), or section 
        244(a)(3) of such Act as an alien (or the parent of a 
        child) who has been battered or subjected to extreme 
        cruelty.

The limitation under paragraph (2) ends when the application 
for relief is denied and all opportunities for appeal of the 
denial have been exhausted.
    (b) Exceptions.--
            (1) The Attorney General may provide, in the 
        Attorney General's discretion, for the disclosure of 
        information in the same manner and circumstances as 
        census information may be disclosed by the Secretary of 
        Commerce under section 8 of title 13, United States 
        Code.
            (2) The Attorney General may provide in the 
        discretion of the Attorney General for the disclosure 
        of information to law enforcement officials to be used 
        solely for a legitimate law enforcement purpose.
            (3) Subsection (a) shall not be construed as 
        preventing disclosure of information in connection with 
        judicial review of a determination in a manner that 
        protects the confidentiality of such information.
            (4) Subsection (a)(2) shall not apply if all the 
        battered individuals in the case are adults and they 
        have all waived the restrictions of such subsection.
    (c) Penalties for Violations.--Anyone who willfully uses, 
publishes, or permits information to be disclosed in violation 
of this section shall be subject to appropriate disciplinary 
action and subject to a civil money penalty of not more than 
$5,000 for each such violation.
    (d) Conforming Amendments to Other Disclosure 
Restrictions.--
            (1) In general.--The last sentence of section 
        210(b)(6) and the second sentence of section 245A(c)(5) 
        (8 U.S.C. 1255a(c)(5)) are each amended to read as 
        follows: ``Anyone who uses, publishes, or permits 
        information to be examined in violation of this 
        paragraph shall be subject to appropriate disciplinary 
        action and subject to a civil money penalty of not more 
        than $5,000 for each violation.''.
            (2) Effective date.--The amendments made by this 
        subsection shall apply to offenses occurring on or 
        after the date of the enactment of this Act.

SEC. 385. AUTHORIZATION OF ADDITIONAL FUNDS FOR REMOVAL OF ALIENS.

    In addition to the amounts otherwise authorized to be 
appropriated for each fiscal year beginning with fiscal year 
1996, there are authorized to be appropriated to the Attorney 
General $150,000,000 for costs associated with the removal of 
inadmissible or deportable aliens, including costs of detention 
of such aliens pending their removal, the hiring of more 
investigators, and the hiring of more detention and deportation 
officers.

SEC. 386. INCREASE IN INS DETENTION FACILITIES; REPORT ON DETENTION 
                    SPACE.

    (a) Increase in Detention Facilities.--Subject to the 
availability of appropriations, the Attorney General shall 
provide for an increase in the detention facilities of the 
Immigration and Naturalization Service to at least 9,000 beds 
before the end of fiscal year 1997.
    (b) Report on Detention Space.--
            (1) In general.--Not later than 6 months after the 
        date of the enactment of this Act, and every 6 months 
        thereafter, the Attorney General shall submit a report 
        to the Committees on the Judiciary of the House of 
        Representatives and of the Senate estimating the amount 
        of detention space that will be required, during the 
        fiscal year in which the report is submitted and the 
        succeeding fiscal year, to detain--
                    (A) all aliens subject to detention under 
                section 236(c) of the Immigration and 
                Nationality Act (as amended by section 303 of 
                this title) and section 241(a) of the 
                Immigration and Nationality Act (as inserted by 
                section 305(a)(3) of this title);
                    (B) all excludable or deportable aliens 
                subject to proceedings under section 238 of the 
                Immigration and Nationality Act (as 
                redesignated by section 308(b)(5) of this 
                title) or section 235(b)(2)(A) or 240 of the 
                Immigration and Nationality Act; and
                    (C) other excludable or deportable aliens 
                in accordance with the priorities established 
                by the Attorney General.
            (2) Estimate of number of aliens released into the 
        community.--
                    (A) Criminal aliens.--
                            (i) In general.--The first report 
                        submitted under paragraph (1) shall 
                        include an estimate of the number of 
                        criminal aliens who, in each of the 3 
                        fiscal years concluded prior to the 
                        date of the report--
                                    (I) were released from 
                                detention facilities of the 
                                Immigration and Naturalization 
                                Service (whether operated 
                                directly by the Service or 
                                through contract with other 
                                persons or agencies); or
                                    (II) were not taken into 
                                custody or detention by the 
                                Service upon completion of 
                                their incarceration.
                            (ii) Aliens convicted of aggravated 
                        felonies.--The estimate under clause 
                        (i) shall estimate separately, with 
                        respect to each year described in such 
                        clause, the number of criminal aliens 
                        described in such clause who were 
                        convicted of an aggravated felony.
                    (B) All excludable or deportable aliens.--
                The first report submitted under paragraph (1) 
                shall also estimate the number of excludable or 
                deportable aliens who were released into the 
                community due to a lack of detention facilities 
                in each of the 3 fiscal years concluded prior 
                to the date of the report notwithstanding 
                circumstances that the Attorney General 
                believed justified detention (for example, a 
                significant probability that the released alien 
                would not appear, as agreed, at subsequent 
                exclusion or deportation proceedings).
                    (C) Subsequent reports.--Each report under 
                paragraph (1) following the first such report 
                shall include the estimates under subparagraphs 
                (A) and (B), made with respect to the 6-month 
                period immediately preceding the date of the 
                submission of the report.

SEC. 387. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR THE 
                    DETENTION OF INADMISSIBLE OR DEPORTABLE ALIENS.

    (a) Establishment.--The Attorney General and the Secretary 
of Defense shall establish one or more pilot programs for up to 
2 years each to determine the feasibility of the use of 
military bases, available because of actions under a base 
closure law, as detention centers by the Immigration and 
Naturalization Service. In selecting real property at a 
military base for use as a detention center under the pilot 
program, the Attorney General and the Secretary shall consult 
with the redevelopment authority established for the military 
base and give substantial deference to the redevelopment plan 
prepared for the military base.
    (b) Report.--Not later than 30 months after the date of the 
enactment of this Act, the Attorney General, together with the 
Secretary of Defense, shall submit a report to the Committees 
on the Judiciary of the House of Representatives and of the 
Senate, and the Committees on Armed Services of the House of 
Representatives and of the Senate, on the feasibility of using 
military bases closed under a base closure law as detention 
centers by the Immigration and Naturalization Service.
    (c) Definition.--For purposes of this section, the term 
``base closure law'' means each of the following:
            (1) The Defense Base Closure and Realignment Act of 
        1990 (part A of title XXIX of Public Law 101-510; 10 
        U.S.C. 2687 note).
            (2) Title II of the Defense Authorization 
        Amendments and Base Closure and Realignment Act (Public 
        Law 100-526; 10 U.S.C. 2687 note).
            (3) Section 2687 of title 10, United States Code.
            (4) Any other similar law enacted after the date of 
        the enactment of this Act.

SEC. 388. REPORT ON INTERIOR REPATRIATION PROGRAM.

    Not later than 30 months after the date of the enactment of 
this Act, the Attorney General, in consultation with the 
Secretary of State, shall submit a report to the Committees on 
the Judiciary of the House of Representatives and of the Senate 
on the operation of the program of interior repatriation 
developed under section 437 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132).

        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

   Subtitle A--Pilot Programs for Employment Eligibility Confirmation

SEC. 401. ESTABLISHMENT OF PROGRAMS.

    (a) In General.--The Attorney General shall conduct 3 pilot 
programs of employment eligibility confirmation under this 
subtitle.
    (b) Implementation Deadline; Termination.--The Attorney 
General shall implement the pilot programs in a manner that 
permits persons and other entities to have elections under 
section 402 made and in effect no later than 1 year after the 
date of the enactment of this Act. Unless the Congress 
otherwise provides, the Attorney General shall terminate a 
pilot program at the end of the 4-year period beginning on the 
first day the pilot program is in effect.
    (c) Scope of Operation of Pilot Programs.--The Attorney 
General shall provide for the operation--
            (1) of the basic pilot program (described in 
        section 403(a)) in, at a minimum, 5 of the 7 States 
        with the highest estimated population of aliens who are 
        not lawfully present in the United States;
            (2) of the citizen attestation pilot program 
        (described in section 403(b)) in at least 5 States (or, 
        if fewer, all of the States) that meet the condition 
        described in section 403(b)(2)(A); and
            (3) of the machine-readable-document pilot program 
        (described in section 403(c)) in at least 5 States (or, 
        if fewer, all of the States) that meet the condition 
        described in section 403(c)(2).
    (d) References in Subtitle.--In this subtitle--
            (1) Pilot program references.--The terms 
        ``program'' or ``pilot program'' refer to any of the 3 
        pilot programs provided for under this subtitle.
            (2) Confirmation system.--The term ``confirmation 
        system'' means the confirmation system established 
        under section 404.
            (3) References to section 274a.--Any reference in 
        this subtitle to section 274A (or a subdivision of such 
        section) is deemed a reference to such section (or 
        subdivision thereof) of the Immigration and Nationality 
        Act.
            (4) I-9 or similar form.--The term ``I-9 or similar 
        form'' means the form used for purposes of section 
        274A(b)(1)(A) or such other form as the Attorney 
        General determines to be appropriate.
             (5) Limited application to recruiters and 
        referrers.--Any reference to recruitment or referral 
        (or a recruiter or referrer) in relation to employment 
        is deemed a reference only to such recruitment or 
        referral (or recruiter or referrer) that is subject to 
        section 274A(a)(1)(B)(ii).
            (6) United states citizenship.--The term ``United 
        States citizenship'' includes United States 
        nationality.
            (7) State.--The term ``State'' has the meaning 
        given such term in section 101(a)(36) of the 
        Immigration and Nationality Act.

SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN A PILOT PROGRAM.

    (a) Voluntary Election.--Subject to subsection (c)(3)(B), 
any person or other entity that conducts any hiring (or 
recruitment or referral) in a State in which a pilot program is 
operating may elect to participate in that pilot program. 
Except as specifically provided in subsection (e), the Attorney 
General may not require any person or other entity to 
participate in a pilot program.
    (b) Benefit of Rebuttable Presumption.--
            (1) In general.--If a person or other entity is 
        participating in a pilot program and obtains 
        confirmation of identity and employment eligibility in 
        compliance with the terms and conditions of the program 
        with respect to the hiring (or recruitment or referral) 
        of an individual for employment in the United States, 
        the person or entity has established a rebuttable 
        presumption that the person or entity has not violated 
        section 274A(a)(1)(A) with respect to such hiring (or 
        such recruitment or referral).
            (2) Construction.--Paragraph (1) shall not be 
        construed as preventing a person or other entity that 
        has an election in effect under subsection (a) from 
        establishing an affirmative defense under section 
        274A(a)(3) if the person or entity complies with the 
        requirements of section 274A(a)(1)(B) but fails to 
        obtain confirmation under paragraph (1).
    (c) General Terms of Elections.--
            (1) In general.--An election under subsection (a) 
        shall be in such form and manner, under such terms and 
        conditions, and shall take effect, as the Attorney 
        General shall specify. The Attorney General may not 
        impose any fee as a condition of making an election or 
        participating in a pilot program.
            (2) Scope of election.--
                    (A) In general.--Subject to paragraph (3), 
                any electing person or other entity may provide 
                that the election under subsection (a) shall 
                apply (during the period in which the election 
                is in effect)--
                            (i) to all its hiring (and all 
                        recruitment or referral) in the State 
                        (or States) in which the pilot program 
                        is operating, or
                            (ii) to its hiring (or recruitment 
                        or referral) in one or more pilot 
                        program States or one or more places of 
                        hiring (or recruitment or referral, as 
                        the case may be) in the pilot program 
                        States.
                    (B) Application of programs in non-pilot 
                program states.--In addition, the Attorney 
                General may permit a person or entity 
                electing--
                            (i) the basic pilot program 
                        (described in section 403(a)) to 
                        provide that the election applies to 
                        its hiring (or recruitment or referral) 
                        in one or more States or places of 
                        hiring (or recruitment or referral) in 
                        which the pilot program is not 
                        otherwise operating, or
                            (ii) the citizen attestation pilot 
                        program (described in 403(b)) or the 
                        machine-readable-document pilot program 
                        (described in section 403(c)) to 
                        provide that the election applies to 
                        its hiring (or recruitment or referral) 
                        in one or more States or places of 
                        hiring (or recruitment or referral) in 
                        which the pilot program is not 
                        otherwise operating but only if such 
                        States meet the requirements of 
                        403(b)(2)(A) and 403(c)(2), 
                        respectively.
            (3) Acceptance and rejection of elections.--
                    (A) In general.--Except as provided in 
                subparagraph (B), the Attorney General shall 
                accept all elections made under subsection (a).
                    (B) Rejection of elections.--The Attorney 
                General may reject an election by a person or 
                other entity under this section or limit its 
                applicability to certain States or places of 
                hiring (or recruitment or referral) if the 
                Attorney General has determined that there are 
                insufficient resources to provide appropriate 
                services under a pilot program for the person's 
                or entity's hiring (or recruitment or referral) 
                in any or all States or places of hiring.
            (4) Termination of elections.--The Attorney General 
        may terminate an election by a person or other entity 
        under this section because the person or entity has 
        substantially failed to comply with its obligations 
        under the pilot program. A person or other entity may 
        terminate an election in such form and manner as the 
        Attorney General shall specify.
    (d) Consultation, Education, and Publicity.--
            (1) Consultation.--The Attorney General shall 
        closely consult with representatives of employers (and 
        recruiters and referrers) in the development and 
        implementation of the pilot programs, including the 
        education of employers (and recruiters and referrers) 
        about such programs.
            (2) Publicity.--The Attorney General shall widely 
        publicize the election process and pilot programs, 
        including the voluntary nature of the pilot programs 
        and the advantages to employers (and recruiters and 
        referrers) of making an election under this section.
            (3) Assistance through district offices.--The 
        Attorney General shall designate one or more 
        individuals in each District office of the Immigration 
        and Naturalization Service for a Service District in 
        which a pilot program is being implemented--
                    (A) to inform persons and other entities 
                that seek information about pilot programs of 
                the voluntary nature of such programs, and
                    (B) to assist persons and other entities in 
                electing and participating in any pilot 
                programs in effect in the District, in 
                complying with the requirements of section 
                274A, and in facilitating confirmation of the 
                identity and employment eligibility of 
                individuals consistent with such section.
    (e) Select Entities Required to Participate in a Pilot 
Program.--
            (1) Federal government.--
                    (A) Executive departments.--
                            (i) In general.--Each Department of 
                        the Federal Government shall elect to 
                        participate in a pilot program and 
                        shall comply with the terms and 
                        conditions of such an election.
                            (ii) Election.--Subject to clause 
                        (iii), the Secretary of each such 
                        Department--
                                    (I) shall elect the pilot 
                                program (or programs) in which 
                                the Department shall 
                                participate, and
                                    (II) may limit the election 
                                to hiring occurring in certain 
                                States (or geographic areas) 
                                covered by the program (or 
                                programs) and in specified 
                                divisions within the 
                                Department, so long as all 
                                hiring by such divisions and in 
                                such locations is covered.
                            (iii) Role of attorney general.--
                        The Attorney General shall assist and 
                        coordinate elections under this 
                        subparagraph in such manner as assures 
                        that--
                                    (I) a significant portion 
                                of the total hiring within each 
                                Department within States 
                                covered by a pilot program is 
                                covered under such a program, 
                                and
                                    (II) there is significant 
                                participation by the Federal 
                                Executive branch in each of the 
                                pilot programs.
                    (B) Legislative branch.--Each Member of 
                Congress, each officer of Congress, and the 
                head of each agency of the legislative branch, 
                that conducts hiring in a State in which a 
                pilot program is operating shall elect to 
                participate in a pilot program, may specify 
                which pilot program or programs (if there is 
                more than one) in which the Member, officer, or 
                agency will participate, and shall comply with 
                the terms and conditions of such an election.
            (2) Application to certain violators.--An order 
        under section 274A(e)(4) or section 274B(g) of the 
        Immigration and Nationality Act may require the subject 
        of the order to participate in, and comply with the 
        terms of, a pilot program with respect to the subject's 
        hiring (or recruitment or referral) of individuals in a 
        State covered by such a program.
            (3) Consequence of failure to participate.--If a 
        person or other entity is required under this 
        subsection to participate in a pilot program and fails 
        to comply with the requirements of such program with 
        respect to an individual--
                    (A) such failure shall be treated as a 
                violation of section 274A(a)(1)(B) with respect 
                to that individual, and
                    (B) a rebuttable presumption is created 
                that the person or entity has violated section 
                274A(a)(1)(A).
        Subparagraph (B) shall not apply in any prosecution 
        under section 274A(f)(1).
    (f) Construction.--This subtitle shall not affect the 
authority of the Attorney General under any other law 
(including section 274A(d)(4)) to conduct demonstration 
projects in relation to section 274A.

SEC. 403. PROCEDURES FOR PARTICIPANTS IN PILOT PROGRAMS.

    (a) Basic Pilot Program.--A person or other entity that 
elects to participate in the basic pilot program described in 
this subsection agrees to conform to the following procedures 
in the case of the hiring (or recruitment or referral) for 
employment in the United States of each individual covered by 
the election:
            (1) Provision of additional information.--The 
        person or entity shall obtain from the individual (and 
        the individual shall provide) and shall record on the 
        I-9 or similar form--
                    (A) the individual's social security 
                account number, if the individual has been 
                issued such a number, and
                    (B) if the individual does not attest to 
                United States citizenship under section 
                274A(b)(2), such identification or 
                authorization number established by the 
                Immigration and Naturalization Service for the 
                alien as the Attorney General shall specify,
        and shall retain the original form and make it 
        available for inspection for the period and in the 
        manner required of I-9 forms under section 274A(b)(3).
            (2) Presentation of documentation.--
                    (A) In general.--The person or other 
                entity, and the individual whose identity and 
                employment eligibility are being confirmed, 
                shall, subject to subparagraph (B), fulfill the 
                requirements of section 274A(b) with the 
                following modifications:
                            (i) A document referred to in 
                        section 274A(b)(1)(B)(ii) (as 
                        redesignated by section 412(a)) must be 
                        designated by the Attorney General as 
                        suitable for the purpose of 
                        identification in a pilot program.
                            (ii) A document referred to in 
                        section 274A(b)(1)(D) must contain a 
                        photograph of the individual.
                            (iii) The person or other entity 
                        has complied with the requirements of 
                        section 274A(b)(1) with respect to 
                        examination of a document if the 
                        document reasonably appears on its face 
                        to be genuine and it reasonably appears 
                        to pertain to the individual whose 
                        identity and work eligibility is being 
                        confirmed.
                    (B) Limitation of requirement to examine 
                documentation.--If the Attorney General finds 
                that a pilot program would reliably determine 
                with respect to an individual whether--
                            (i) the person with the identity 
                        claimed by the individual is authorized 
                        to work in the United States, and
                            (ii) the individual is claiming the 
                        identity of another person,

                if a person or entity could fulfill the 
                requirement to examine documentation contained 
                in subparagraph (A) of section 274A(b)(1) by 
                examining a document specified in either 
                subparagraph (B) or (D) of such section, the 
                Attorney General may provide that, for purposes 
                of such requirement, only such a document need 
                be examined. In such case, any reference in 
                section 274A(b)(1)(A) to a verification that an 
                individual is not an unauthorized alien shall 
                be deemed to be a verification of the 
                individual's identity.
            (3) Seeking confirmation.--
                    (A) In general.--The person or other entity 
                shall make an inquiry, as provided in section 
                404(a)(1), using the confirmation system to 
                seek confirmation 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) Extension of time period.--If the 
                person or other entity in good faith attempts 
                to make an inquiry during such 3 working days 
                and the confirmation system has registered that 
                not all inquiries were received during such 
                time, the person or entity can make an inquiry 
                in the first subsequent working day in which 
                the confirmation system registers that it has 
                received all inquiries. If the confirmation 
                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.
            (4) Confirmation or nonconfirmation.--
                    (A) Confirmation upon initial inquiry.--If 
                the person or other entity receives an 
                appropriate confirmation of an individual's 
                identity and work eligibility under the 
                confirmation system within the time period 
                specified under section 404(b), the person or 
                entity shall record on the I-9 or similar form 
                an appropriate code that is provided under the 
                system and that indicates a final confirmation 
                of such identity and work eligibility of the 
                individual.
                    (B) Nonconfirmation upon initial inquiry 
                and secondary verification.--
                            (i) Nonconfirmation.--If the person 
                        or other entity receives a tentative 
                        nonconfirmation of an individual's 
                        identity or work eligibility under the 
                        confirmation system within the time 
                        period specified under 404(b), the 
                        person or entity shall so inform the 
                        individual for whom the confirmation is 
                        sought.
                            (ii) No contest.--If the individual 
                        does not contest the nonconfirmation 
                        within the time period specified in 
                        section 404(c), the nonconfirmation 
                        shall be considered final. The person 
                        or entity shall then record on the I-9 
                        or similar form an appropriate code 
                        which has been provided under the 
                        system to indicate a tentative 
                        nonconfirmation.
                            (iii) Contest.--If the individual 
                        does contest the nonconfirmation, the 
                        individual shall utilize the process 
                        for secondary verification provided 
                        under section 404(c). The 
                        nonconfirmation will remain tentative 
                        until a final confirmation or 
                        nonconfirmation is provided by the 
                        confirmation system within the time 
                        period specified in such section. 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 
                        nonconfirmation becomes final. Nothing 
                        in this clause shall apply to a 
                        termination of employment for any 
                        reason other than because of such a 
                        failure.
                            (iv) Recording of conclusion on 
                        form.--If a final confirmation or 
                        nonconfirmation is provided by the 
                        confirmation system under section 
                        404(c) regarding an individual, the 
                        person or entity shall record on the I-
                        9 or similar form an appropriate code 
                        that is provided under the system and 
                        that indicates a confirmation or 
                        nonconfirmation of identity and work 
                        eligibility of the individual.
                    (C) Consequences of nonconfirmation.--
                            (i) Termination or notification of 
                        continued employment.--If the person or 
                        other entity has received a final 
                        nonconfirmation regarding an individual 
                        under subparagraph (B), 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 confirmation 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 clause (i), the failure 
                        is deemed to constitute a violation of 
                        section 274A(a)(1)(B) with respect to 
                        that individual and the applicable 
                        civil monetary penalty under section 
                        274A(e)(5) shall be (notwithstanding 
                        the amounts specified in such section) 
                        no less than $500 and no more than 
                        $1,000 for each individual with respect 
                        to whom such violation occurred.
                            (iii) Continued employment after 
                        final nonconfirmation.--If the person 
                        or other entity continues to employ (or 
                        to recruit or refer) an individual 
                        after receiving final nonconfirmation, 
                        a rebuttable presumption is created 
                        that the person or entity has violated 
                        section 274A(a)(1)(A). The previous 
                        sentence shall not apply in any 
                        prosecution under section 274A(f)(1).
    (b) Citizen Attestation Pilot Program.--
            (1) In general.--Except as provided in paragraphs 
        (3) through (5), the procedures applicable under the 
        citizen attestation pilot program under this subsection 
        shall be the same procedures as those under the basic 
        pilot program under subsection (a).
            (2) Restrictions.--
                    (A) State document requirement to 
                participate in pilot program.--The Attorney 
                General may not provide for the operation of 
                the citizen attestation pilot program in a 
                State unless each driver's license or similar 
                identification document described in section 
                274A(b)(1)(D)(i) issued by the State--
                            (i) contains a photograph of the 
                        individual involved, and
                            (ii) has been determined by the 
                        Attorney General to have security 
                        features, and to have been issued 
                        through application and issuance 
                        procedures, which make such document 
                        sufficiently resistant to 
                        counterfeiting, tampering, and 
                        fraudulent use that it is a reliable 
                        means of identification for purposes of 
                        this section.
                    (B) Authorization to limit employer 
                participation.--The Attorney General may 
                restrict the number of persons or other 
                entities that may elect to participate in the 
                citizen attestation pilot program under this 
                subsection as the Attorney General determines 
                to be necessary to produce a representative 
                sample of employers and to reduce the potential 
                impact of fraud.
            (3) No confirmation required for certain 
        individuals attesting to u.s. citizenship.--In the case 
        of a person or other entity hiring (or recruiting or 
        referring) an individual under the citizen attestation 
        pilot program, if the individual attests to United 
        States citizenship (under penalty of perjury on an I-9 
        or similar form which form states on its face the 
        criminal and other penalties provided under law for a 
        false representation of United States citizenship)--
                    (A) the person or entity may fulfill the 
                requirement to examine documentation contained 
                in subparagraph (A) of section 274A(b)(1) by 
                examining a document specified in either 
                subparagraph (B)(i) or (D) of such section; and
                    (B) the person or other entity is not 
                required to comply with respect to such 
                individual with the procedures described in 
                paragraphs (3) and (4) of subsection (a), but 
                only if the person or entity retains the form 
                and makes it available for inspection in the 
                same manner as in the case of an I-9 form under 
                section 274A(b)(3).
            (4) Waiver of document presentation requirement in 
        certain cases.--
                    (A) In general.--In the case of a person or 
                entity that elects, in a manner specified by 
                the Attorney General consistent with 
                subparagraph (B), to participate in the pilot 
                program under this paragraph, if an individual 
                being hired (or recruited or referred) attests 
                (in the manner described in paragraph (3)) to 
                United States citizenship and the person or 
                entity retains the form on which the 
                attestation is made and makes it available for 
                inspection in the same manner as in the case of 
                an I-9 form under section 274A(b)(3), the 
                person or entity is not required to comply with 
                the procedures described in section 274A(b).
                    (B) Restriction.--The Attorney General 
                shall restrict the election under this 
                paragraph to no more than 1,000 employers and, 
                to the extent practicable, shall select among 
                employers seeking to make such election in a 
                manner that provides for such an election by a 
                representative sample of employers.
            (5) Nonreviewable determinations.--The 
        determinations of the Attorney General under paragraphs 
        (2) and (4) are within the discretion of the Attorney 
        General and are not subject to judicial or 
        administrative review.
    (c) Machine-Readable-Document Pilot Program.--
            (1) In general.--Except as provided in paragraph 
        (3), the procedures applicable under the machine-
        readable-document pilot program under this subsection 
        shall be the same procedures as those under the basic 
        pilot program under subsection (a).
            (2) State document requirement to participate in 
        pilot program.--The Attorney General may not provide 
        for the operation of the machine-readable-document 
        pilot program in a State unless driver's licenses and 
        similar identification documents described in section 
        274A(b)(1)(D)(i) issued by the State include a machine-
        readable social security account number.
            (3) Use of machine-readable documents.--If the 
        individual whose identity and employment eligibility 
        must be confirmed presents to the person or entity 
        hiring (or recruiting or referring) the individual a 
        license or other document described in paragraph (2) 
        that includes a machine-readable social security 
        account number, the person or entity must make an 
        inquiry through the confirmation system by using a 
        machine-readable feature of such document. If the 
        individual does not attest to United States citizenship 
        under section 274A(b)(2), the individual's 
        identification or authorization number described in 
        subsection (a)(1)(B) shall be provided as part of the 
        inquiry.
    (d) Protection from Liability for Actions Taken on the 
Basis of Information Provided by the Confirmation System.--No 
person or entity participating in a pilot program shall be 
civilly or criminally liable under any law for any action taken 
in good faith reliance on information provided through the 
confirmation system.

SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.

    (a) In General.--The Attorney General shall establish a 
pilot program confirmation system through which the Attorney 
General (or a designee of the Attorney General, which may be a 
nongovernmental entity)--
            (1) responds to inquiries made by electing persons 
        and other entities (including those made by the 
        transmittal of data from machine-readable documents 
        under the machine-readable pilot program) 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
            (2) maintains records of the inquiries that were 
        made, of confirmations provided (or not provided), and 
        of the codes provided to inquirers as evidence of their 
        compliance with their obligations under the pilot 
        programs.

To the extent practicable, the Attorney General shall seek to 
establish such a system using one or more nongovernmental 
entities.
    (b) Initial Response.--The confirmation system shall 
provide confirmation or a tentative nonconfirmation of an 
individual's identity and employment eligibility within 3 
working days of the initial inquiry. If providing confirmation 
or tentative nonconfirmation, the confirmation system shall 
provide an appropriate code indicating such confirmation or 
such nonconfirmation.
    (c) Secondary Verification Process in Case of Tentative 
Nonconfirmation.--In cases of tentative nonconfirmation, 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 confirmation or nonconfirmation 
within 10 working days after the date of the tentative 
nonconfirmation. When final confirmation or nonconfirmation is 
provided, the confirmation system shall provide an appropriate 
code indicating such confirmation or nonconfirmation.
    (d) Design and Operation of System.--The confirmation 
system shall be designed and operated--
            (1) to maximize its reliability and ease of use by 
        persons and other entities making elections under 
        section 402(a) consistent with insulating and 
        protecting the privacy and security of the underlying 
        information;
            (2) 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;
            (3) with appropriate administrative, technical, and 
        physical safeguards to prevent unauthorized disclosure 
        of personal information; and
            (4) to have reasonable safeguards against the 
        system's resulting in unlawful discriminatory practices 
        based on national origin or citizenship status, 
        including--
                    (A) the selective or unauthorized use of 
                the system to verify eligibility;
                    (B) the use of the system prior to an offer 
                of employment; or
                    (C) 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 confirmation 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 
subsections (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 confirm (or not 
confirm) the validity of 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 confirmation or nonconfirmation).
    (f) Responsibilities of the Commissioner of the Immigration 
and Naturalization Service.--As part of the confirmation 
system, the Commissioner of the Immigration and Naturalization 
Service, in consultation with the entity responsible for 
administration of the system, shall establish a reliable, 
secure method, which, within the time periods specified under 
subsections (b) and (c), compares the name and alien 
identification or authorization number described in section 
403(a)(1)(B) which are provided in an inquiry against such 
information maintained by the Commissioner in order to confirm 
(or not confirm) the validity of 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 the Immigration and Naturalization Service 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 subsection (c).
    (h) Limitation on Use of the Confirmation System and Any 
Related Systems.--
            (1) 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 this subtitle for any other purpose other than as 
        provided for under a pilot program.
            (2) 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. 405. REPORTS.

    The Attorney General shall submit to the Committees on the 
Judiciary of the House of Representatives and of the Senate 
reports on the pilot programs within 3 months after the end of 
the third and fourth years in which the programs are in effect. 
Such reports shall--
            (1) assess the degree of fraudulent attesting of 
        United States citizenship,
            (2) include recommendations on whether or not the 
        pilot programs should be continued or modified, and
            (3) assess the benefits of the pilot programs to 
        employers and the degree to which they assist in the 
        enforcement of section 274A.

      Subtitle B--Other Provisions Relating to Employer Sanctions

SEC. 411. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS OF 
                    PAPERWORK REQUIREMENTS.

    (a) In General.--Section 274A(b) (8 U.S.C. 1324a(b)) is 
amended by adding at the end the following new paragraph:
            ``(6) Good faith compliance.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), a person or entity 
                is considered to have complied with a 
                requirement of this subsection notwithstanding 
                a technical or procedural failure to meet such 
                requirement if there was a good faith attempt 
                to comply with the requirement.
                    ``(B) Exception if failure to correct after 
                notice.--Subparagraph (A) shall not apply if--
                            ``(i) the Service (or another 
                        enforcement agency) has explained to 
                        the person or entity the basis for the 
                        failure,
                            ``(ii) the person or entity has 
                        been provided a period of not less than 
                        10 business days (beginning after the 
                        date of the explanation) within which 
                        to correct the failure, and
                            ``(iii) the person or entity has 
                        not corrected the failure voluntarily 
                        within such period.
                    ``(C) Exception for pattern or practice 
                violators.--Subparagraph (A) shall not apply to 
                a person or entity that has or is engaging in a 
                pattern or practice of violations of subsection 
                (a)(1)(A) or (a)(2).''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall apply to failures occurring on or after the date of the 
enactment of this Act.

SEC. 412. PAPERWORK AND OTHER CHANGES IN THE EMPLOYER SANCTIONS 
                    PROGRAM.

    (a) Reducing the Number of Documents Accepted for 
Employment Verification.--Section 274A(b)(1) (8 U.S.C. 
1324a(b)(1)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking clauses (ii) through (iv),
                    (B) in clause (v), by striking ``or other 
                alien registration card, if the card'' and 
                inserting ``, alien registration card, or other 
                document designated by the Attorney General, if 
                the document'' and redesignating such clause as 
                clause (ii), and
                    (C) in clause (ii), as so redesignated--
                            (i) in subclause (I), by striking 
                        ``or'' before ``such other personal 
                        identifying information'' and inserting 
                        ``and'',
                            (ii) by striking ``and'' at the end 
                        of subclause (I),
                            (iii) by striking the period at the 
                        end of subclause (II) and inserting ``, 
                        and'', and
                            (iv) by adding at the end the 
                        following new subclause:
                                    ``(III) contains security 
                                features to make it resistant 
                                to tampering, counterfeiting, 
                                and fraudulent use.'';
            (2) in subparagraph (C)--
                    (A) by adding ``or'' at the end of clause 
                (i),
                    (B) by striking clause (ii), and
                    (C) by redesignating clause (iii) as clause 
                (ii); and
            (3) by adding at the end the following new 
        subparagraph:
                    ``(E) Authority to prohibit use of certain 
                documents.--If the Attorney General finds, by 
                regulation, that any document described in 
                subparagraph (B), (C), or (D) as establishing 
                employment authorization or identity does not 
                reliably establish such authorization or 
                identity or is being used fraudulently to an 
                unacceptable degree, the Attorney General may 
                prohibit or place conditions on its use for 
                purposes of this subsection.''.
    (b) Reduction of Paperwork for Certain Employees.--Section 
274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the end the 
following new paragraph:
            ``(6) Treatment of documentation for certain 
        employees.--
                    ``(A) In general.--For purposes of this 
                section, if--
                            ``(i) an individual is a member of 
                        a collective-bargaining unit and is 
                        employed, under a collective bargaining 
                        agreement entered into between one or 
                        more employee organizations and an 
                        association of two or more employers, 
                        by an employer that is a member of such 
                        association, and
                            ``(ii) within the period specified 
                        in subparagraph (B), another employer 
                        that is a member of the association (or 
                        an agent of such association on behalf 
                        of the employer) has complied with the 
                        requirements of subsection (b) with 
                        respect to the employment of the 
                        individual,

                the subsequent employer shall be deemed to have 
                complied with the requirements of subsection 
                (b) with respect to the hiring of the employee 
                and shall not be liable for civil penalties 
                described in subsection (e)(5).
                    ``(B) Period.--The period described in this 
                subparagraph is 3 years, or, if less, the 
                period of time that the individual is 
                authorized to be employed in the United States.
                    ``(C) Liability.--
                            ``(i) In general.--If any employer 
                        that is a member of an association 
                        hires for employment in the United 
                        States an individual and relies upon 
                        the provisions of subparagraph (A) to 
                        comply with the requirements of 
                        subsection (b) and the individual is an 
                        alien not authorized to work in the 
                        United States, then for the purposes of 
                        paragraph (1)(A), subject to clause 
                        (ii), the employer shall be presumed to 
                        have known at the time of hiring or 
                        afterward that the individual was an 
                        alien not authorized to work in the 
                        United States.
                            ``(ii) Rebuttal of presumption.--
                        The presumption established by clause 
                        (i) may be rebutted by the employer 
                        only through the presentation of clear 
                        and convincing evidence that the 
                        employer did not know (and could not 
                        reasonably have known) that the 
                        individual at the time of hiring or 
                        afterward was an alien not authorized 
                        to work in the United States.
                            ``(iii) Exception.--Clause (i) 
                        shall not apply in any prosecution 
                        under subsection (f)(1).''.
    (c) Elimination of Dated Provisions.--Section 274A (8 
U.S.C. 1324a) is amended by striking subsections (i) through 
(n).
    (d) Clarification of Application to Federal Government.--
Section 274A(a) (8 U.S.C. 1324a(a)), as amended by subsection 
(b), is amended by adding at the end the following new 
paragraph:
            ``(7) Application to federal government.--For 
        purposes of this section, the term `entity' includes an 
        entity in any branch of the Federal Government.''.
    (e) Effective Dates.--
            (1) The amendments made by subsection (a) shall 
        apply with respect to hiring (or recruitment or 
        referral) occurring on or after such date (not later 
        than 12 months after the date of the enactment of this 
        Act) as the Attorney General shall designate.
            (2) The amendment made by subsection (b) shall 
        apply to individuals hired on or after 60 days after 
        the date of the enactment of this Act.
            (3) The amendment made by subsection (c) shall take 
        effect on the date of the enactment of this Act.
            (4) The amendment made by subsection (d) applies to 
        hiring occurring before, on, or after the date of the 
        enactment of this Act, but no penalty shall be imposed 
        under subsection (e) or (f) of section 274A of the 
        Immigration and Nationality Act for such hiring 
        occurring before such date.

SEC. 413. REPORT ON ADDITIONAL AUTHORITY OR RESOURCES NEEDED FOR 
                    ENFORCEMENT OF EMPLOYER SANCTIONS PROVISIONS.

    (a) In General.--Not later than 1 year after the date of 
the enactment of this Act, the Attorney General shall submit to 
the Committees on the Judiciary of the House of Representatives 
and of the Senate a report on any additional authority or 
resources needed--
            (1) by the Immigration and Naturalization Service 
        in order to enforce section 274A of the Immigration and 
        Nationality Act, or
            (2) by Federal agencies in order to carry out the 
        Executive Order of February 13, 1996 (entitled 
        ``Economy and Efficiency in Government Procurement 
        Through Compliance with Certain Immigration and 
        Naturalization Act Provisions'') and to expand the 
        restrictions in such order to cover agricultural 
        subsidies, grants, job training programs, and other 
        Federally subsidized assistance programs.
    (b) Reference to Increased Authorization of 
Appropriations.--For provision increasing the authorization of 
appropriations for investigators for violations of sections 274 
and 274A of the Immigration and Nationality Act, see section 
131.

SEC. 414. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO WORK.

    (a) In General.--Subsection (c) of section 290 (8 U.S.C. 
1360) is amended to read as follows:
    ``(c)(1) Not later than 3 months after the end of each 
fiscal year (beginning with fiscal year 1996), the Commissioner 
of Social Security shall report to the Committees on the 
Judiciary of the House of Representatives and the Senate on the 
aggregate quantity of social security account numbers issued to 
aliens not authorized to be employed, with respect to which, in 
such fiscal year, earnings were reported to the Social Security 
Administration.
    ``(2) If earnings are reported on or after January 1, 1997, 
to the Social Security Administration on a social security 
account number issued to an alien not authorized to work in the 
United States, the Commissioner of Social Security shall 
provide the Attorney General with information regarding the 
name and address of the alien, the name and address of the 
person reporting the earnings, and the amount of the earnings. 
The information shall be provided in an electronic form agreed 
upon by the Commissioner and the Attorney General.''.
    (b) Report on Fraudulent Use of Social Security Account 
Numbers.--The Commissioner of Social Security shall transmit to 
the Attorney General, by not later than 1 year after the date 
of the enactment of this Act, a report on the extent to which 
social security account numbers and cards are used by aliens 
for fraudulent purposes.

SEC. 415. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON ALIENS.

    Section 264 (8 U.S.C. 1304) is amended by adding at the end 
the following new subsection:
    ``(f) Notwithstanding any other provision of law, the 
Attorney General is authorized to require any alien to provide 
the alien's social security account number for purposes of 
inclusion in any record of the alien maintained by the Attorney 
General or the Service.''.

SEC. 416. SUBPOENA AUTHORITY.

    Section 274A(e)(2) (8 U.S.C. 1324a(e)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph 
        (A);
            (2) by striking the period at the end of 
        subparagraph (B) and inserting ``, and''; and
            (3) by inserting after subparagraph (B) the 
        following:
                    ``(C) immigration officers designated by 
                the Commissioner may compel by subpoena the 
                attendance of witnesses and the production of 
                evidence at any designated place prior to the 
                filing of a complaint in a case under paragraph 
                (2).''.

      Subtitle C--Unfair Immigration-Related Employment Practices

SEC. 421. TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS UNFAIR 
                    IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

    (a) In General.--Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) 
is amended--
            (1) by striking ``For purposes of paragraph (1), 
        a'' and inserting ``A''; and
            (2) by striking ``relating to the hiring of 
        individuals'' and inserting the following: ``if made 
        for the purpose or with the intent of discriminating 
        against an individual in violation of paragraph (1)''.
    (b) Effective Date.--The amendments made by subsection (a) 
shall apply to requests made on or after the date of the 
enactment of this Act.

              TITLE V--RESTRICTIONS ON BENEFITS FOR ALIENS

SEC. 500. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE AND 
                    IMMIGRATION.

    (a) Statements of Congressional Policy.--The Congress makes 
the following statements concerning national policy with 
respect to welfare and immigration:
            (1) Self-sufficiency has been a basic principle of 
        United States immigration law since this country's 
        earliest immigration statutes.
            (2) It continues to be the immigration policy of 
        the United States that--
                    (A) aliens within the nation's borders not 
                depend on public resources to meet their needs, 
                but rather rely on their own capabilities and 
                the resources of their families, their 
                sponsors, and private organizations, and
                    (B) the availability of public benefits not 
                constitute an incentive for immigration to the 
                United States.
            (3) Despite this principle of self-sufficiency, 
        aliens have been applying for and receiving public 
        benefits from Federal, State, and local governments at 
        increasing rates.
            (4) Current eligibility rules for public assistance 
        and unenforceable financial support agreements have 
        proved incapable of assuring that individual aliens do 
        not burden the public benefits system.
            (5) It is a compelling government interest to enact 
        new rules for eligibility and sponsorship agreements in 
        order to assure that aliens are self-reliant in 
        accordance with national immigration policy.
            (6) It is a compelling government interest to 
        remove the incentive for illegal immigration provided 
        by the availability of public benefits.
    (b) Sense of Congress.--
            (1) In general.--With respect to the authority of a 
        State to make determinations concerning the eligibility 
        of aliens for public benefits, it is the sense of the 
        Congress that a court should apply the same standard of 
        review to an applicable State law as that court uses in 
        determining whether an Act of Congress regulating the 
        eligibility of aliens for public benefits meets 
        constitutional scrutiny.
            (2) Strict scrutiny.--In cases where a court holds 
        that a State law determining the eligibility of aliens 
        for public benefits must be the least restrictive means 
        available for achieving a compelling government 
        interest, a State that chooses to follow the Federal 
        classification in determining the eligibility of aliens 
        for public benefits, pursuant to the authorization 
        contained in this title, shall be considered to have 
        chosen the least restrictive means available for 
        achieving the compelling government interest of 
        assuring that aliens are self-reliant in accordance 
        with national immigration policy.

 Subtitle A--Ineligibility of Excludable Deportable, and Nonimmigrant 
               Aliens From Public Assistance and Benefits

SEC. 501. MEANS-TESTED PUBLIC BENEFITS.

    (a) In General.--Except as provided in subsection (b), and 
notwithstanding any other provision of law, an ineligible alien 
(as defined in subsection (d)) shall not be eligible to receive 
any means-tested public benefits (as defined in subsection 
(e)).
    (b) Exceptions.--Subsection (a) shall not apply to any of 
the following benefits:
            (1)(A) Medical assistance under title XIX of the 
        Social Security Act (or any successor program to such 
        title) for care and services that are necessary for the 
        treatment of an emergency medical condition of the 
        alien involved and are not related to an organ 
        transplant procedure.
            (B) For purposes of this paragraph, the term 
        ``emergency medical condition'' means a medical 
        condition (including emergency labor and delivery) 
        manifesting itself by acute symptoms of sufficient 
        severity (including severe pain) such that the absence 
        of immediate medical attention could reasonably be 
        expected to result in--
                    (i) placing the patient's health in serious 
                jeopardy,
                    (ii) serious impairment to bodily 
                functions, or
                    (iii) serious dysfunction of any bodily 
                organ or part.
            (2) Short-term noncash emergency disaster relief.
            (3) Assistance or benefits under any of the 
        following (including any successor program to any of 
        the following as identified by the Attorney General in 
        consultation with other appropriate officials):
                    (A) The National School Lunch Act (42 
                U.S.C. 1751 et seq.).
                    (B) The Child Nutrition Act of 1966 (42 
                U.S.C. 1771 et seq.).
                    (C) Section 4 of the Agriculture and 
                Consumer Protection Act of 1973 (Public Law 93-
                86; 7 U.S.C. 612c note).
                    (D) The Emergency Food Assistance Act of 
                1983 (Public Law 98-8; 7 U.S.C. 612c note).
                    (E) Section 110 of the Hunger Prevention 
                Act of 1988 (Public Law 100-435; 7 U.S.C. 612c 
                note).
                    (F) The food distribution program on Indian 
                reservations established under section 4(b) of 
                Public Law 88-525 (7 U.S.C. 2013(b)).
            (4) Public health assistance for immunizations and, 
        if the Secretary of Health and Human Services 
        determines that it is necessary to prevent the spread 
        of a serious communicable disease, for testing and 
        treatment for any such diseases (which may not include 
        treatment for HIV infection or acquired immune 
        deficiency syndrome).
            (5) Such other in-kind service or noncash 
        assistance (such as soup kitchens, crisis counseling, 
        intervention (including intervention for domestic 
        violence), and short-term shelter) as the Attorney 
        General specifies, in the Attorney General's sole and 
        unreviewable discretion, after consultation with 
        appropriate government agencies, if--
                    (A) such service or assistance is delivered 
                at the community level, including through 
                public or private nonprofit agencies;
                    (B) such service or assistance is necessary 
                for the protection of life, safety, or public 
                health; and
                    (C) such service or assistance or the 
                amount or cost of such service or assistance is 
                not conditioned on the recipient's income or 
                resources.
            (6) Benefits under laws administered by the 
        Secretary of Veterans Affairs and any other benefit 
        available by reason of service in the United States 
        Armed Forces.
    (c) Eligible Alien Defined.--For the purposes of this 
section--
            (1) In general.--The term ``eligible alien'' means 
        an alien--
                    (A) who is an alien lawfully admitted for 
                permanent residence under the Immigration and 
                Nationality Act,
                    (B) who is an alien granted asylum under 
                section 208 of such Act,
                    (C) who is an alien admitted as a refugee 
                under section 207 of such Act,
                    (D) whose deportation has been withheld 
                under section 241(b)(3) of such Act (as amended 
                by section 305(a)(3)), or
                    (E) who is paroled into the United States 
                under section 212(d)(5) of such Act for a 
                period of at least 1 year, but only for the 
                first year of such parole.
            (2) Inclusion of certain battered aliens.--Such 
        term includes--
                    (A) an alien who--
                            (i) has been battered or subjected 
                        to extreme cruelty in the United States 
                        by a spouse or a parent, or by a member 
                        of the spouse or parent's family 
                        residing in the same household as the 
                        alien and the spouse or parent 
                        consented to, or acquiesced in, such 
                        battery or cruelty, but only if (in the 
                        opinion of the Attorney General, which 
                        opinion is not subject to review by any 
                        court) there is a substantial 
                        connection between such battery or 
                        cruelty and the need for the benefits 
                        to be provided; and
                            (ii) has been approved or has a 
                        petition pending which sets forth a 
                        prima facie case for--
                                    (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) of the Immigration 
                                and Nationality Act,
                                    (II) classification 
                                pursuant to clause (ii) or 
                                (iii) of section 204(a)(1)(B) 
                                of the Act,
                                    (III) suspension of 
                                deportation and adjustment of 
                                status pursuant to section 
                                244(a)(3) of such Act, or
                                    (IV) status as a spouse or 
                                child of a United States 
                                citizen pursuant to clause (i) 
                                of section 204(a)(1)(A) of such 
                                Act, or classification pursuant 
                                to clause (i) of section 
                                204(a)(1)(B) of such Act; or
                    (B) an alien--
                            (i) whose child has been battered 
                        or subjected to extreme cruelty in the 
                        United States by a spouse or a parent 
                        of the alien (without the active 
                        participation of the alien in the 
                        battery or cruelty), or by a member of 
                        the spouse or parent's family residing 
                        in the same household as the alien and 
                        the spouse or parent consented or 
                        acquiesced to such battery or cruelty, 
                        and the alien did not actively 
                        participate in such battery or cruelty, 
                        but only if (in the opinion of the 
                        Attorney General, which opinion is not 
                        subject to review by any court) there 
                        is a substantial connection between 
                        such battery or cruelty and the need 
                        for the benefits to be provided; and
                            (ii) who meets the requirement of 
                        clause (ii) of subparagraph (A).
        Such term shall not apply to an alien during any period 
        in which the individual responsible for such battery or 
        cruelty resides in the same household or family 
        eligibility unit as the individual subjected to such 
        battery or cruelty.
    (d) Ineligible Alien Defined.--For purposes of this 
section, the term ``ineligible alien'' means an individual who 
is not--
            (1) a citizen or national of the United States; or
            (2) an eligible alien.
    (e) Means-Tested Public Benefit.--For purposes of this 
section, the term ``means-tested public benefit'' means any 
public benefit (including cash, medical, housing, food, and 
social services) provided or funded in whole or in part by the 
Federal Government, or by a State or political subdivision of a 
State, in which the eligibility of an individual, household, or 
family eligibility unit for the benefit or the amount of the 
benefit, or both, are determined on the basis of income, 
resources, or financial need of the individual, household, or 
unit.
    (f) Effective Date.--
            (1) In general.--This section shall apply to 
        benefits provided on or after such date as the Attorney 
        General specifies in regulations under paragraph (2). 
        Such date shall be at least 30 days, and not more than 
        60 days, after the date the Attorney General first 
        issues such regulations.
            (2) Regulations.--The Attorney General (in 
        consultation with the heads of other appropriate 
        agencies) shall first issue regulations to carry out 
        this section not later than 180 days after the date of 
        the enactment of this Act. Such regulations shall be 
        effective on an interim basis, pending change after 
        opportunity for public comment.
            (3) Waiver authority.--The Attorney General is 
        authorized to waive any provision of this section in 
        the case of applications pending on the effective date 
        of such provision.

SEC. 502. GRANTS, CONTRACTS, AND LICENSES.

    (a) In General.--Except as provided in subsection (b) and 
notwithstanding any other provision of law, an ineligible alien 
(as defined in section 501(d)) shall not be eligible for any 
grant, contract, loan, professional license, driver's license, 
or commercial license provided or funded by any agency of the 
United States or any State or political subdivision of a State.
    (b) Exceptions.--
            (1) Nonimmigrant alien authorized to work in the 
        United States.--Subsection (a) shall not apply to an 
        alien in lawful nonimmigrant status who is authorized 
        to work in the United States with respect to the 
        following:
                    (A) Any professional or commercial license 
                required to engage in such work.
                    (B) Any contract.
                    (C) A driver's license.
            (2) Nonimmigrant alien.--Subsection (a) shall not 
        apply to an alien in lawful nonimmigrant status with 
        respect to a driver's license.
            (3) Alien outside the united states.--Subsection 
        (a) shall not apply to an alien who is outside of the 
        United States with respect to any contract.
    (c) Effective Date.--
            (1) In general.--This section shall apply to 
        contracts or loan agreements entered into, and 
        professional, commercial, and driver's licenses issued 
        (or renewed), on or after such date as the Attorney 
        General specifies in regulations under paragraph (2). 
        Such date shall be at least 30 days, and not more than 
        60 days, after the date the Attorney General first 
        issues such regulations.
            (2) Regulations.--The Attorney General (in 
        consultation with the heads of other appropriate 
        agencies) shall first issue regulations to carry out 
        this section not later than 180 days after the date of 
        the enactment of this Act. Such regulations shall be 
        effective on an interim basis, pending change after 
        opportunity for public comment.
            (3) Waiver authority.--The Attorney General is 
        authorized to waive any provision of this section in 
        the case of applications pending on the effective date 
        of such provision.

SEC. 503. UNEMPLOYMENT BENEFITS.

    (a) Elimination of Crediting Employment Merely on Basis of 
PRUCOL Status.--Section 3304(a)(14)(A) of the Internal Revenue 
Code of 1986 is amended--
            (1) by striking ``, was lawfully'' and inserting 
        ``or was lawfully'', and
            (2) by striking ``, or was permanently'' and all 
        that follows up to the comma at the end.
    (b) Effective Date.--The amendments made by subsection (a) 
shall apply with respect to certifications of States for 1998 
and subsequent years, or for 1999 and subsequent years in the 
case of States the legislatures of which do not meet in a 
regular session which closes in the calendar year 1997.
    (c) Report.--The Secretary of Labor, in consultation with 
the Attorney General, shall provide for a study of the impact 
of limiting eligibility for unemployment compensation only to 
individuals who are citizens or nationals of the United States 
or eligible aliens (as defined in section 501(c)). Not later 
than 2 years after the date of the enactment of this Act, the 
Secretary shall submit a report on such study to the Committee 
on the Judiciary and the Committee on Labor and Human Resources 
of the Senate and the Committee on the Judiciary and the 
Committee on Economic and Educational Opportunities of the 
House of Representatives.

SEC. 504. SOCIAL SECURITY BENEFITS.

    (a) Ineligibility of Aliens Not Lawfully Present for Social 
Security Benefits.--
            (1) In general.--Section 202 of the Social Security 
        Act (42 U.S.C. 402) is amended by adding at the end the 
        following new subsection:

                   ``Limitation on Payments to Aliens

    ``(y) Notwithstanding any other provision of law, no 
monthly benefit under this title shall be payable to any alien 
in the United States for any month during which such alien is 
not lawfully present in the United States as determined by the 
Attorney General.''.
            (2) Effective date.--The amendment made by 
        paragraph (1) shall apply with respect to benefits for 
        which applications are filed on or after the first day 
        of the first month that begins at least 60 days after 
        the date of the enactment of this Act.
    (b) No Crediting for Unauthorized Employment.--
            (1) In general.--Section 210 of such Act (42 U.S.C. 
        410) is amended by adding at the end the following new 
        subsection:

             ``Demonstration of Required Citizenship Status

    ``(s) For purposes of this title, service performed by an 
individual in the United States shall constitute `employment' 
only if it is demonstrated to the satisfaction of the 
Commissioner of Social Security that such service was performed 
by such individual while such individual was a citizen, a 
national, a permanent resident, or otherwise authorized to be 
employed in the United States in such service.''.
            (2) Effective date.--The amendment made by 
        paragraph (1) shall apply with respect to services 
        performed after December 31, 1996.
    (c) Trade or Business.--
            (1) In general.--Section 211 of such Act (42 U.S.C. 
        411) is amended by adding at the end the following new 
        subsection:

             ``Demonstration of Required Citizenship Status

    ``(j) For purposes of this title, a trade or business (as 
defined in subsection (c)) carried on in the United States by 
any individual shall constitute a `trade or business' only if 
it is demonstrated to the satisfaction of the Commissioner of 
Social Security that such trade or business (as so defined) was 
carried on by such individual while such individual was a 
citizen, a national, a permanent resident, or otherwise 
lawfully present in the United States carrying on such trade or 
business.''.
            (2) Effective date.--The amendment made by 
        paragraph (1) shall apply with respect to any trade or 
        business carried on after December 31, 1996.
    (d) Construction.--Nothing in the amendments made by this 
section shall be construed to affect the application of chapter 
2 or chapter 21 of the Internal Revenue Code of 1986.

SEC. 505. REQUIRING PROOF OF IDENTITY FOR CERTAIN PUBLIC ASSISTANCE.

    (a) Revision of SAVE Program.--
            (1) In general.--Paragraph (2) of section 1137(d) 
        of the Social Security Act (42 U.S.C. 1320b-7(d)) is 
        amended to read as follows:
            ``(2) There must be presented the item (or items) 
        described in one of the following subparagraphs for 
        that individual:
                    ``(A) A United States passport (either 
                current or expired if issued both within the 
                previous 12 years and after the individual 
                attained 18 years of age).
                    ``(B) A resident alien card or an alien 
                registration card, if the card (i) contains a 
                photograph of the individual and (ii) contains 
                security features to make it resistant to 
                tampering, counterfeiting, and fraudulent use.
                    ``(C) A driver's license or similar 
                document issued for the purpose of 
                identification by a State, if it contains a 
                photograph of the individual.
                    ``(D) If the individual attests to being a 
                citizen or national of the United States and 
                that the individual does not have other 
                documentation under this paragraph (under 
                penalty of perjury), such other documents or 
                evidence that identify the individual as the 
                Attorney General may designate as constituting 
                reasonable evidence indicating United States 
                citizenship or nationality.''.
            (2) Temporary eligibility for benefits.--Section 
        1137(d) of such Act is further amended by adding after 
        paragraph (5) the following new paragraph (6):
            ``(6) If at the time of application for benefits, 
        the documentation under paragraph (2) is not presented 
        or verified, such benefits may be provided to the 
        applicant for not more than 2 months, if--
                    ``(A) the applicant provides a written 
                attestation (under penalty of perjury) that the 
                applicant is a citizen or national of the 
                United States, or
                    ``(B) the applicant provides documentation 
                certified by the Department of State or the 
                Department of Justice, which the Attorney 
                General determines constitutes reasonable 
                evidence indicating satisfactory immigration 
                status.''.
            (3) Conforming amendments.--Section 1137(d) of such 
        Act is further amended in paragraph (3), by striking 
        ``(2)(A) is presented'' and inserting ``(2)(B) is 
        presented and contains the individual's alien admission 
        number or alien file number (or numbers if the 
        individual has more than one number)''.
    (b) SSI.--Section 1631(e) of such Act (42 U.S.C. 
1383(e)(7)) is amended by adding at the end the following new 
paragraph:
    ``(8) The Commissioner of Social Security shall provide for 
the application under this title of rules similar to the 
requirements of section 1137(d), insofar as they apply to the 
verification of immigration or citizenship status for 
eligibility for supplemental security income benefits under 
this title.''.
    (c) Effective Date.--
            (1) In general.--This section shall apply to 
        application for benefits filed on or after such date as 
        the Attorney General specifies in regulations under 
        paragraph (2). Such date shall be at least 60 days, and 
        not more than 90 days, after the date the Attorney 
        General first issues such regulations.
            (2) Regulations.--The Attorney General (in 
        consultation with the heads of other appropriate 
        agencies) shall first issue regulations to carry out 
        this section (and the amendments made by this section) 
        not later than 180 days after the date of the enactment 
        of this Act. Such regulations shall be effective on an 
        interim basis, pending change after opportunity for 
        public comment.

SEC. 506. AUTHORIZATION FOR STATES TO REQUIRE PROOF OF ELIGIBILITY FOR 
                    STATE PROGRAMS.

    (a) In General.--In carrying out this title (and the 
amendments made by this title), subject to section 510, a State 
or political subdivision is authorized to require an applicant 
for benefits under a program of a State or political 
subdivision to provide proof of eligibility consistent with the 
provisions of this title.
    (b) Effective Date.--This section shall take effect on the 
date of the enactment of this Act.

SEC. 507. LIMITATION ON ELIGIBILITY FOR PREFERENTIAL TREATMENT OF 
                    ALIENS NOT LAWFULLY PRESENT ON BASIS OF RESIDENCE 
                    FOR HIGHER EDUCATION BENEFITS.

    (a) In General.--Notwithstanding any other provision of 
law, an alien who is not lawfully present in the United States 
shall not be eligible on the basis of residence within a State 
(or a political subdivision) for any postsecondary education 
benefit unless a citizen or national of the United States is 
eligible for such a benefit (in no less an amount, duration, 
and scope) without regard to whether the citizen or national is 
such a resident.
    (b) Effective Date.--This section shall apply to benefits 
provided on or after July 1, 1998.

SEC. 508. VERIFICATION OF STUDENT ELIGIBILITY FOR POSTSECONDARY FEDERAL 
                    STUDENT FINANCIAL ASSISTANCE.

    (a) In General.--No student shall be eligible for 
postsecondary Federal student financial assistance unless--
            (1) the student has certified that the student is a 
        citizen or national of the United States or an alien 
        lawfully admitted for permanent residence, and
            (2) the Secretary of Education has verified such 
        certification.
    (b) Report Requirement.--
            (1) In general.--Not later than one year after the 
        date of the enactment of this Act, the Secretary of 
        Education and the Commissioner of Social Security shall 
        jointly submit to the appropriate committees of the 
        Congress a report on the computer matching program of 
        the Department of Education under section 484(p) of the 
        Higher Education Act of 1965.
            (2) Report elements.--The report under paragraph 
        (1) shall include the following:
                    (A) An assessment by the Secretary and the 
                Commissioner of the effectiveness of the 
                computer matching program, and a justification 
                for such assessment.
                    (B) The ratio of successful matches under 
                the program to inaccurate matches.
                    (C) Such other information as the Secretary 
                and the Commissioner jointly consider 
                appropriate.
            (3) Appropriate committees of the Congress.--For 
        purposes of this subsection the term ``appropriate 
        committees of the Congress'' means the Committee on 
        Economic and Educational Opportunities and the 
        Committee on the Judiciary of the House of 
        Representatives and the Committee on Labor and Human 
        Resources and the Committee on the Judiciary of the 
        Senate.
    (c) Effective Date.--This section shall take effect on the 
date of the enactment of this Act.

SEC. 509. VERIFICATION OF IMMIGRATION STATUS FOR PURPOSES OF SOCIAL 
                    SECURITY AND HIGHER EDUCATIONAL ASSISTANCE.

    (a) Social Security Act State Income and Eligibility 
Verification Systems.--Section 1137(d)(4)(B)(i)) of the Social 
Security Act (42 U.S.C. 1320b-7(d)(4)(B)(i)) is amended to read 
as follows:
                            ``(i) the State shall transmit to 
                        the Immigration and Naturalization 
                        Service either photostatic or other 
                        similar copies of such documents, or 
                        information from such documents, as 
                        specified by the Immigration and 
                        Naturalization Service, for official 
                        verification,''.
    (b) Eligibility for Assistance Under Higher Education Act 
of 1965.--Section 484(g)(4)(B)(i) of the Higher Education Act 
of 1965 (20 U.S.C. 1091(g)(4)(B)(i)) is amended to read as 
follows:
                            ``(i) the institution shall 
                        transmit to the Immigration and 
                        Naturalization Service either 
                        photostatic or other similar copies of 
                        such documents, or information from 
                        such documents, as specified by the 
                        Immigration and Naturalization Service, 
                        for official verification,''.

SEC. 510. NO VERIFICATION REQUIREMENT FOR NONPROFIT CHARITABLE 
                    ORGANIZATIONS.

    (a) In General.--Subject to subsection (b), and 
notwithstanding any other provision of this title, a nonprofit 
charitable organization, in providing any means-tested public 
benefit (as defined in section 501(e), but not including any 
hospital benefit, as defined by the Attorney General in 
consultation with Secretary of Health and Human Services) is 
not required to determine, verify, or otherwise require proof 
of eligibility of any applicant for such benefits.
    (b) Requirement of State or Federal Determination of 
Eligibility.--
            (1) In General.--Except as provided in paragraph 
        (3), in order for a nonprofit charitable organization 
        to provide to an applicant any means-tested public 
        benefit, the organization shall obtain the following:
                    (A) In the case of a citizen or national of 
                the United States, a written attestation (under 
                penalty of perjury) that the applicant is a 
                citizen or national of the United States.
                    (B) In the case of an alien and subject to 
                paragraph (2), written verification, from an 
                appropriate State or Federal agency, of the 
                applicant's eligibility for assistance or 
                benefits and the amount of assistance or 
                benefits for which the applicant is eligible.
            (2) No notification within 10 days.--If the 
        organization is not notified within 10 business days 
        after a request of an appropriate State or Federal 
        agency for verification under paragraph (1)(B), the 
        requirement under paragraph (1) shall not apply to any 
        means-tested public benefit provided to such applicant 
        by the organization until 30 calendar days after such 
        notification is received.
            (3) Limitations.--
                    (A) Private funds.--The requirement under 
                paragraph (1) shall not apply to assistance or 
                benefits provided through private funds.
                    (B) Section 501 excepted benefits.--The 
                requirement under paragraph (1) shall not apply 
                to assistance or benefits described in section 
                501(b) which are not subject to the limitations 
                of section 501(a).
            (4) Administration.--
                    (A) In general.--The Attorney General shall 
                through regulation provide for an appropriate 
                procedure for the verification required under 
                paragraph (1)(B).
                    (B) Time period for response.--The 
                appropriate State or Federal agencies shall 
                provide for a response to a request for 
                verification under paragraph (1)(B) of an 
                applicant's eligibility under section 501(a) of 
                this title and the amount of eligibility under 
                section 552 (or comparable provisions of State 
                law as authorized under section 553 or 554) not 
                later than 10 business days after the date the 
                request is made.
                    (C) Recordkeeping.--If the Attorney General 
                determines that recordkeeping is required for 
                the purposes of this section, the Attorney 
                General may require that such a record be 
                maintained for not more than 90 days.

SEC. 511. GAO STUDY OF PROVISION OF MEANS-TESTED PUBLIC BENEFITS TO 
                    INELIGIBLE ALIENS ON BEHALF OF ELIGIBLE 
                    INDIVIDUALS.

    (a) In General.--Not later than 180 days after the date of 
the enactment of this Act, the Comptroller General shall submit 
to the Committees on the Judiciary of the House of 
Representatives and of the Senate and to the Inspector General 
of the Department of Justice a report on the extent to which 
means-tested public benefits are being paid or provided to 
ineligible aliens in order to provide such benefits to 
individuals who are United States citizens or eligible aliens. 
Such report shall address the locations in which such benefits 
are provided and the incidence of fraud or misrepresentation in 
connection with the provision of such benefits.
    (b) Definitions.--The terms ``eligible alien'', 
``ineligible alien'', and ``means-tested public benefits'' have 
the meanings given such terms in section 501.

Subtitle B--Expansion of Disqualification From Immigration Benefits on 
                       the Basis of Public Charge

SEC. 531. GROUND FOR EXCLUSION.

    (a) In General.--Paragraph (4) of section 212(a) (8 U.S.C. 
1182(a)) is amended to read as follows:
            ``(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 
                excludable.
                    ``(B) Factors to be taken into account.--
                (i) In determining whether an alien is 
                excludable 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) 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 excludable 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(g)) 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 excludable under this paragraph unless such 
                relative has executed an affidavit of support 
                described in section 213A with respect to such 
                alien.''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall apply to applications submitted on or after such date, 
not earlier than 30 days and not later than 60 days after the 
date the Attorney General promulgates under section 551(e) a 
standard form for an affidavit of support, as the Attorney 
General shall specify, but subparagraphs (C) and (D) of section 
212(a)(4) of the Immigration and Nationality Act, as so 
amended, shall not apply to applications with respect to which 
an official interview with an immigration officer was conducted 
before such effective date.

SEC. 532. GROUND FOR DEPORTATION.

    (a) Immigrants.--Section 241(a)(5) (8 U.S.C. 1251(a)(5)) is 
amended to read as follows:
            ``(5) Public charge.--
                    ``(A) In general.--
                            ``(i) Except as provided in 
                        subparagraph (B), an immigrant who 
                        during the public charge period becomes 
                        a public charge, regardless of when the 
                        cause for becoming a public charge 
                        arises, is deportable.
                            ``(ii) The immigrant shall be 
                        subject to deportation under this 
                        paragraph only if the deportation 
                        proceeding is initiated not later than 
                        the end of the 7-year period beginning 
                        on the last date the immigrant receives 
                        a benefit described in subparagraph (D) 
                        during the public charge period.
                    ``(B) Exceptions.--Subparagraph (A) shall 
                not apply--
                            ``(i) to an alien granted asylum 
                        under section 208;
                            ``(ii) to an alien admitted as a 
                        refugee under section 207; or
                            ``(iii) if the cause of the alien's 
                        becoming a public charge--
                                    ``(I) arose after entry in 
                                the case of an alien who 
                                entered as an immigrant or 
                                after adjustment to lawful 
                                permanent resident status in 
                                the case of an alien who 
                                entered as a nonimmigrant, and
                                    ``(II) was a physical 
                                illness or physical injury so 
                                serious the alien could not 
                                work at any job, or was a 
                                mental disability that required 
                                continuous 
                                institutionalization.
                    ``(C) Definitions.--
                            ``(i) Public charge period.--For 
                        purposes of subparagraph (A), the term 
                        `public charge period' means the period 
                        ending 7 years after the date on which 
                        the alien attains the status of an 
                        alien lawfully admitted for permanent 
                        residence (or attains such status on a 
                        conditional basis).
                            ``(ii) Public charge.--For purposes 
                        of subparagraph (A), the term `public 
                        charge' includes any alien who receives 
                        benefits described in subparagraph (D) 
                        for an aggregate period of at least 12 
                        months or 36 months in the case of an 
                        alien described in subparagraph (E).
                    ``(D) Benefits described.--
                            ``(i) In general.--Subject to 
                        clause (ii), the benefits described in 
                        this subparagraph are means-tested 
                        public benefits defined under section 
                        213A(e)(1).
                            ``(ii) Exceptions.--Benefits 
                        described in this subparagraph shall 
                        not include the following:
                                    ``(I) Any benefits to which 
                                the exceptions described in 
                                section 213A(e)(2) apply.
                                    ``(II) Emergency medical 
                                assistance (as defined in 
                                subparagraph (F)).
                                    ``(III) Payments for foster 
                                care and adoption assistance 
                                under parts B and E of title IV 
                                of the Social Security Act made 
                                on the child's behalf under 
                                such part.
                                    ``(IV) Benefits under laws 
                                administered by the Secretary 
                                of Veterans Affairs and any 
                                other benefit available by 
                                reason of service in the United 
                                States Armed Forces.
                                    ``(V) Benefits under the 
                                Head Start Act.
                                    ``(VI) Benefits under the 
                                Job Training Partnership Act.
                                    ``(VII) Benefits under any 
                                English as a second language 
                                program.
                            ``(iii) Successor programs.--
                        Benefits described in this subparagraph 
                        shall include any benefits provided 
                        under any successor program as 
                        identified by the Attorney General in 
                        consultation with other appropriate 
                        officials.
                    ``(E) Special rule for battered spouse and 
                child.--Subject to the second sentence of this 
                subparagraph, an alien is described under this 
                subparagraph if the alien demonstrates that--
                            ``(i)(I) the alien has been 
                        battered or subjected to extreme 
                        cruelty in the United States by a 
                        spouse or a parent, or by a member of 
                        the spouse or parent's family residing 
                        in the same household as the alien and 
                        the spouse or parent consented or 
                        acquiesced to such battery or cruelty, 
                        or (II) the alien's child has been 
                        battered or subjected to extreme 
                        cruelty in the United States 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 or parent's family 
                        residing in the same household as the 
                        alien when the spouse or parent 
                        consented or acquiesced to and the 
                        alien did not actively participate in 
                        such battery or cruelty;
                            ``(ii) the need for benefits 
                        described in subparagraph (D) beyond an 
                        aggregate period of 12 months has a 
                        substantial connection to the battery 
                        or cruelty described in clause (i); and
                            ``(iii) any battery or cruelty 
                        under clause (i) has been recognized in 
                        an order of a judge or an 
                        administrative law judge or a prior 
                        determination of the Service.

        An alien shall not be considered to be described under 
        this subparagraph during any period in which the 
        individual responsible for such battery or cruelty 
        resides in the same household or family eligibility 
        unit as the individual subjected to such battery or 
        cruelty.
                    ``(F) Emergency medical assistance.--
                            ``(i) In general.--For purposes of 
                        subparagraph (C)(ii)(II), the term 
                        `emergency medical assistance' means 
                        medical assistance under title XIX of 
                        the Social Security Act (or any 
                        successor program to such title) for 
                        care and services that are necessary 
                        for the treatment of an emergency 
                        medical condition of the alien involved 
                        and are not related to an organ 
                        transplant procedure.
                    ``(ii) Emergency medical condition 
                defined.--For purposes of this subparagraph, 
                the term `emergency medical condition' means a 
                medical condition (including emergency labor 
                and delivery) manifesting itself by acute 
                symptoms of sufficient severity (including 
                severe pain) such that the absence of immediate 
                medical attention could reasonably be expected 
                to result in--
                            ``(I) placing the patient's health 
                        in serious jeopardy,
                            ``(II) serious impairment to bodily 
                        functions, or
                            ``(III) serious dysfunction of any 
                        bodily organ or part.''.
    (b) Exclusion and Deportation of Nonimmigrants Committing 
Fraud or Misrepresentation in Obtaining Benefits.--
            (1) Exclusion.--Section 212(a)(6)(C) (8 U.S.C. 
        1182(a)(6)(C)), as amended by section 344(a), is 
        amended--
                    (A) by redesignating clause (iii) as clause 
                (iv), and
                    (B) by inserting after clause (ii) the 
                following clause (iii):
                            ``(iii) Nonimmigrant public benefit 
                        recipients.--Any alien who was admitted 
                        as a nonimmigrant and who has obtained 
                        benefits for which the alien was 
                        ineligible, through fraud or 
                        misrepresentation, under Federal law is 
                        excludable for a period of 5 years from 
                        the date of the alien's departure from 
                        the United States.''.
            (2) Deportation.--Section 241(a)(1)(C) (8 U.S.C. 
        1251(a)(1)(C)) is amended by adding after clause (ii) 
        the following:
                            ``(iii) Nonimmigrant public benefit 
                        recipients.--Any alien who was admitted 
                        as a nonimmigrant and who has obtained 
                        through fraud or misrepresentation 
                        benefits for which the alien was 
                        ineligible under Federal law is 
                        deportable.''.
    (c) Ineligibility to Naturalization for Aliens Deportable 
As Public Charge.--
            (1) In general.--Chapter 2 of title III of the Act 
        is amended by inserting after section 315 the following 
        new section:``


ineligibility to naturalization for persons deportable as public charge


    ``Sec. 315A. (a) A person shall not be naturalized if the 
person is deportable as a public charge under section 
241(a)(5).
    ``(b) An applicant for naturalization shall provide a 
written attestation, under penalty of perjury, as part of the 
application for naturalization that the applicant is not 
deportable as a public charge under section 241(a)(5) to the 
best of the applicant's knowledge.
    ``(c) The Attorney General shall make a determination that 
each applicant for naturalization is not deportable as a public 
charge under section 241(a)(5).''.
            (2) Clerical amendment.--The table of contents is 
        amended by inserting after the item relating to section 
        315 the following:

``Sec. 315A.  Ineligibility to naturalization for persons deportable as 
          public charge''.

    (d) Effective Dates.--
            (1) Subsection (a).--
                    (A) In general.--Except as provided in this 
                paragraph, the amendment made by subsection (a) 
                shall apply only to aliens who obtain the 
                status of an alien lawfully admitted for 
                permanent residence more than 30 days after the 
                date of the enactment of this Act.
                    (B) Application to current aliens.--Such 
                amendments shall apply also to aliens who 
                obtained the status of an alien lawfully 
                admitted for permanent residence less than 30 
                days after the date of the enactment of this 
                Act, but only with respect to benefits received 
                after the 1-year period beginning on the date 
                of enactment and benefits received before such 
                period shall not be taken into account.
            (2) Subsection (b).--The amendments made by 
        subsection (b) shall take effect on the date of the 
        enactment of this Act and shall apply to fraud or 
        misrepresentation committed before, on, or after such 
        date.
            (3) Subsection (c).--The amendments made by 
        subsection (c) shall take effect on the date of the 
        enactment of this Act and shall apply to applications 
        submitted on or after 30 days after the date of the 
        enactment of this Act.

      Subtitle C--Affidavits of Support and Attribution of Income

SEC. 551. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.

    (a) In General.--Title II is amended by inserting after 
section 213 the following new section:


           ``requirements for sponsor's affidavit of support


    ``Sec. 213A. (a) Enforceability.--
            ``(1) Terms of affidavit.--No affidavit of support 
        may be accepted by the Attorney General or by any 
        consular officer to establish that an alien is not 
        excludable as a public charge under section 212(a)(4) 
        unless such affidavit is executed by a sponsor of the 
        alien as a contract--
                    ``(A) in which the sponsor agrees to 
                provide support to maintain the sponsored alien 
                at an annual income that is not less than the 
                appropriate percentage (applicable to the 
                sponsor under subsection (g)) of the Federal 
                poverty line during the period in which the 
                affidavit is enforceable;
                    ``(B) that is legally enforceable against 
                the sponsor by the sponsored alien, the Federal 
                Government, any State (or any political 
                subdivision of such State), or by any other 
                entity that provides any means-tested public 
                benefit (as defined in subsection (e)), 
                consistent with the provisions of this section; 
                and
                    ``(C) in which the sponsor agrees to submit 
                to the jurisdiction of any Federal or State 
                court for the purpose of actions brought under 
                subsection (b)(2).
            ``(2) Period of enforceability.--An affidavit of 
        support shall be enforceable with respect to benefits 
        provided for an alien before the date the alien is 
        naturalized as a citizen of the United States, or, if 
        earlier, the termination date provided under paragraph 
        (3).
            ``(3) Termination of period of enforceability upon 
        completion of required period of employment, etc.--
                    ``(A) In general.--An affidavit of support 
                is not enforceable on or after the first day of 
                a year if it is demonstrated to the 
                satisfaction of the Attorney General that the 
                sponsored alien may be credited with an 
                aggregate of 40 qualifying quarters under this 
                paragraph for previous years.
                    ``(B) Qualifying quarter defined.--For 
                purposes this paragraph, the term `qualifying 
                quarter' means a qualifying quarter of coverage 
                under title II of the Social Security Act in 
                which the sponsored alien--
                            ``(i) has earned at least the 
                        minimum necessary for the period to 
                        count as one of the 40 quarters 
                        required to qualify for social security 
                        retirement benefits; and
                            ``(ii) has not received any means-
                        tested public benefit.
                    ``(C) Crediting for dependents and 
                spouses.--For purposes of this paragraph, in 
                determining the number of qualifying quarters 
                for which a sponsored alien has worked for 
                purposes of subparagraph (A), a sponsored alien 
                not meeting the requirement of subparagraph 
                (B)(i) for any quarter shall be treated as 
                meeting such requirements if--
                            ``(i) their spouse met such 
                        requirement for such quarter and they 
                        filed a joint income tax return 
                        covering such quarter; or
                            ``(ii) the individual who claimed 
                        such sponsored alien as a dependent on 
                        an income tax return covering such 
                        quarter met such requirement for such 
                        quarter.
                    ``(D) Provision of information to save 
                system.--The Attorney General shall ensure that 
                appropriate information regarding the 
                application of this paragraph is provided to 
                the system for alien verification of 
                eligibility (SAVE) described in section 
                1137(d)(3) of the Social Security Act (42 
                U.S.C. 1320b-7(d)(3)).
    ``(b) Reimbursement of Government Expenses.--
            ``(1) Request for reimbursement.--
                    ``(A) Requirement.--Upon notification that 
                a sponsored alien has received any means-tested 
                public benefit, the appropriate nongovernmental 
                entity which provided such benefit or the 
                appropriate entity of the Federal Government, a 
                State, or any political subdivision of a State 
                shall request reimbursement by the sponsor in 
                an amount which is equal to the unreimbursed 
                costs of such benefit.
                    ``(B) Regulations.--The Attorney General, 
                in consultation with the heads of other 
                appropriate Federal agencies, shall prescribe 
                such regulations as may be necessary to carry 
                out subparagraph (A).
            ``(2) Actions to compel reimbursement.--
                    ``(A) In case of nonresponse.--If within 45 
                days after a request for reimbursement under 
                paragraph (1)(A), the appropriate entity has 
                not received a response from the sponsor 
                indicating a willingness to commence payment an 
                action may be brought against the sponsor 
                pursuant to the affidavit of support.
                    ``(B) In case of failure to pay.--If the 
                sponsor fails to abide by the repayment terms 
                established by the appropriate entity, the 
                entity may bring an action against the sponsor 
                pursuant to the affidavit of support.
                    ``(C) Limitation on actions.--No cause of 
                action may be brought under this paragraph 
                later than 10 years after the date on which the 
                sponsored alien last received any means-tested 
                public benefit to which the affidavit of 
                support applies.
            ``(3) Use of collection agencies.--If the 
        appropriate entity under paragraph (1)(A) requests 
        reimbursement from the sponsor or brings an action 
        against the sponsor pursuant to the affidavit of 
        support, the appropriate entity may appoint or hire an 
        individual or other person to act on behalf of such 
        entity acting under the authority of law for purposes 
        of collecting any amounts owed.
    ``(c) Remedies.--Remedies available to enforce an affidavit 
of support under this section include any or all of the 
remedies described in section 3201, 3203, 3204, or 3205 of 
title 28, United States Code, as well as an order for specific 
performance and payment of legal fees and other costs of 
collection, and include corresponding remedies available under 
State law. A Federal agency may seek to collect amounts owed 
under this section in accordance with the provisions of 
subchapter II of chapter 37 of title 31, United States Code.
    ``(d) Notification of Change of Address.--
            ``(1) General requirement.--The sponsor shall 
        notify the Attorney General and the State in which the 
        sponsored alien is currently a resident within 30 days 
        of any change of address of the sponsor during the 
        period in which an affidavit of support is enforceable.
            ``(2) Penalty.--Any person subject to the 
        requirement of paragraph (1) who fails to satisfy such 
        requirement shall, after notice and opportunity to be 
        heard, be subject to a civil penalty of--
                    ``(A) not less than $250 or more than 
                $2,000, or
                    ``(B) if such failure occurs with knowledge 
                that the sponsored alien has received any 
                benefit described in section 241(a)(5)(D) not 
                less than $2,000 or more than $5,000.
        The Attorney General shall enforce this paragraph under 
        appropriate regulations.
    ``(e) Means-Tested Public Benefit.--
            ``(1) In general.--Subject to paragraph (2), the 
        term `means-tested public benefit' means any public 
        benefit (including cash, medical, housing, food, and 
        social services) provided or funded in whole or in part 
        by the Federal Government, or of a State or political 
        subdivision of a State, in which the eligibility of an 
        individual, household, or family eligibility unit for 
        such benefit or the amount of such benefit, or both are 
        determined on the basis of income, resources, or 
        financial need of the individual, household, or unit.
            ``(2) Exceptions.--Such term does not include the 
        following benefits:
                    ``(A) Short-term noncash emergency disaster 
                relief.
                    ``(B) Assistance or benefits under--
                            ``(i) the National School Lunch Act 
                        (42 U.S.C. 1751 et seq.);
                            ``(ii) the Child Nutrition Act of 
                        1966 (42 U.S.C. 1771 et seq.);
                            ``(iii) section 4 of the 
                        Agriculture and Consumer Protection Act 
                        of 1973 (Public Law 93-86; 7 U.S.C. 
                        612c note);
                            ``(iv) the Emergency Food 
                        Assistance Act of 1983 (Public Law 98-
                        8; 7 U.S.C. 612c note);
                            ``(v) section 110 of the Hunger 
                        Prevention Act of 1988 (Public Law 100-
                        435; 7 U.S.C. 612c note); and
                            ``(vi) the food distribution 
                        program on Indian reservations 
                        established under section 4(b) of 
                        Public Law 88-525 (7 U.S.C. 2013(b)).
                    ``(C) Public health assistance for 
                immunizations and, if the Secretary of Health 
                and Human Services determines that it is 
                necessary to prevent the spread of a serious 
                communicable disease, for testing and treatment 
                for such disease (which may not include 
                treatment for HIV infection or acquired immune 
                deficiency syndrome).
                    ``(D) Benefits under programs of student 
                assistance under titles IV, V, IX, and X of the 
                Higher Education Act of 1965 and titles III, 
                VII, and VIII of the Public Health Service Act.
                    ``(E) Benefits under any means-tested 
                programs under the Elementary and Secondary 
                Education Act of 1965.
                    ``(F) Such other in-kind service or noncash 
                assistance (such as soup kitchens, crisis 
                counseling, intervention (including 
                intervention for domestic violence) and short-
                term, shelter) as the Attorney General 
                specifies, in the Attorney General's sole and 
                unreviewable discretion, after consultation 
                with the heads of appropriate Federal agencies, 
                if--
                            ``(i) such service or assistance is 
                        delivered at the community level, 
                        including through public or private 
                        nonprofit agencies;
                            ``(ii) such service or assistance 
                        is necessary for the protection of 
                        life, safety, or public health; and
                            ``(iii) such service or assistance 
                        or the amount or cost of such service 
                        or assistance is not conditioned on the 
                        recipient's income or resources.
    ``(f) Jurisdiction.--An action to enforce an affidavit of 
support executed under subsection (a) may be brought against 
the sponsor in any appropriate court--
            ``(1) by a sponsored alien, with respect to 
        financial support; or
            ``(2) by the appropriate entity of the Federal 
        Government, a State or any political subdivision of a 
        State, or by any other nongovernmental entity under 
        subsection (b)(2), with respect to reimbursement.
    ``(g) Sponsor Defined.--
            ``(1) In general.--For purposes of this section the 
        term `sponsor' in relation to a sponsored alien means 
        an individual who executes an affidavit of support with 
        respect to the sponsored alien and who--
                    ``(A) is a citizen or national of the 
                United States or an alien who is lawfully 
                admitted to the United States for permanent 
                residence;
                    ``(B) is at least 18 years of age;
                    ``(C) is domiciled in any of the several 
                States of the United States, the District of 
                Columbia, or any territory or possession of the 
                United States;
                    ``(D) is petitioning for the admission of 
                the alien under section 204; and
                    ``(E) demonstrates (as provided in 
                paragraph (6)) the means to maintain an annual 
                income equal to at least 200 percent of the 
                Federal poverty line (or in the case of an 
                affidavit for a spouse or minor child of the 
                petitioner 140 percent of the Federal poverty 
                line).
            ``(2) Income requirement case.--Such term also 
        includes an individual who does not meet the 
        requirement of paragraph (1)(E) but demonstrates (as 
        provided in paragraph (6)) the means to maintain an 
        annual income equal to at least 125 percent of the 
        Federal poverty line and accepts joint and several 
        liability together with an individual under paragraph 
        (5).
            ``(3) Active duty armed services case.--Such term 
        also includes an individual who does not meet the 
        requirement of paragraph (1)(E) but is on active duty 
        (other than active duty for training) in the Armed 
        Forces of the United States, is petitioning for the 
        admission of the alien under section 204 as the spouse 
        or child of the individual, and demonstrates (as 
        provided in paragraph (6)) the means to maintain an 
        annual income equal to at least 100 percent of the 
        Federal poverty line.
            ``(4) Certain employment-based immigrants case.--
        Such term also includes an individual--
                    ``(A) who does not meet the requirement of 
                paragraph (1)(D), but is the relative of the 
                sponsored alien who filed a classification 
                petition for the sponsored alien as an 
                employment-based immigrant under section 203(b) 
                or who has a significant ownership interest in 
                the entity that filed such a petition; and
                    ``(B)(i) who demonstrates (as provided 
                under paragraph (6)) the means to maintain an 
                annual income equal to at least 200 percent of 
                the Federal poverty line (or in the case of an 
                affidavit for a spouse or minor child of the 
                petitioner 140 percent of the Federal poverty 
                line), or
                    ``(ii) does not meet the requirement of 
                paragraph (1)(E) but demonstrates (as provided 
                in paragraph (6)) the means to maintain an 
                annual income equal to at least 125 percent of 
                the Federal poverty line and accepts joint and 
                several liability together with an individual 
                under paragraph (5).
            ``(5) Non-petitioning case.--Such term also 
        includes an individual who does not meet the 
        requirement of paragraph (1)(D) but who accepts joint 
        and several liability with a petitioning sponsor under 
        paragraph (2) or relative of an employment-based 
        immigrant under paragraph (4) and who demonstrates (as 
        provided under paragraph (6)) the means to maintain an 
        annual income equal to at least 200 percent of the 
        Federal poverty line (or in the case of an affidavit 
        for a spouse or minor child of the petitioner 140 
        percent of the Federal poverty line).
            ``(6) Demonstration of means to maintain income.--
                    ``(A) In general.--
                            ``(i) Method of demonstration.--For 
                        purposes of this section, a 
                        demonstration of the means to maintain 
                        income shall include provision of a 
                        certified copy of the individual's 
                        Federal income tax return for the 
                        individual's 3 most recent taxable 
                        years and a written statement, executed 
                        under oath or as permitted under 
                        penalty of perjury under section 1746 
                        of title 28, United States Code, that 
                        the copies are certified copies of such 
                        returns.
                            ``(ii) Percent of poverty.--For 
                        purposes of this section, a reference 
                        to an annual income equal to at least a 
                        particular percentage of the Federal 
                        poverty line means an annual income 
                        equal to at least such percentage of 
                        the Federal poverty line for a family 
                        unit of a size equal to the number of 
                        members of the sponsor's household 
                        (including family and non-family 
                        dependents) plus the total number of 
                        other dependents and aliens sponsored 
                        by that sponsor.
                    ``(B) Limitation.--The Secretary of State, 
                or the Attorney General in the case of 
                adjustment of status, may provide that the 
                demonstration under subparagraph (A) applies 
                only to the most recent taxable year.
    ``(h) Federal Poverty Line Defined.--For purposes of this 
section, the term `Federal poverty line' means the level of 
income equal to the official poverty line (as defined by the 
Director of the Office of Management and Budget, as revised 
annually by the Secretary of Health and Human Services, in 
accordance with section 673(2) of the Omnibus Budget 
Reconciliation Act of 1981 (42 U.S.C. 9902)) that is applicable 
to a family of the size involved.
    ``(i) Sponsor's Social Security Account Number Required To 
Be Provided.--(1) An affidavit of support shall include the 
social security account number of each sponsor.
    ``(2) The Attorney General shall develop an automated 
system to maintain the social security account number data 
provided under paragraph (1).
    ``(3) The Attorney General shall submit an annual report to 
the Committees on the Judiciary of the House of Representatives 
and the Senate setting forth--
            ``(A) for the most recent fiscal year for which 
        data are available the number of sponsors under this 
        section and the number of sponsors in compliance with 
        the financial obligations of this section; and
            ``(B) a comparison of such numbers with the numbers 
        of such sponsors for the preceding fiscal year.''.
    (b) Clerical Amendment.--The table of contents is amended 
by inserting after the item relating to section 213 the 
following:

``Sec. 213A.  Requirements for sponsor's affidavit of support.''.

    (c) Settlement of Claims Prior to Naturalization.--Section 
316(a) (8 U.S.C. 1427(a)) is amended by striking ``and'' before 
``(3)'', and by inserting before the period at the end the 
following: ``, and (4) in the case of an applicant that has 
received assistance under a means-tested public benefits 
program (as defined in subsection (e) of section 213A) and with 
respect to which amounts are owing under an affidavit of 
support executed under such section, provides satisfactory 
evidence that there are no outstanding amounts that are owing 
pursuant to such affidavit by any sponsor who executed such 
affidavit''.
    (d) Effective Date; Promulgation of Form.--
            (1) In general.--The amendments made by this 
        section shall apply to affidavits of support executed 
        on or after a date specified by the Attorney General, 
        which date shall be not earlier than 60 days (and not 
        later than 90 days) after the date the Attorney General 
        formulates the form for such affidavits under paragraph 
        (2).
            (2) Promulgation of form.--Not later than 90 days 
        after the date of the enactment of this Act, the 
        Attorney General, in consultation with the heads of 
        other appropriate agencies, shall promulgate a standard 
        form for an affidavit of support consistent with the 
        provisions of section 213A of the Immigration and 
        Nationality Act.

SEC. 552. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO SPONSORED 
                    IMMIGRANTS.

    (a) Deeming Requirement for Federal Means-Tested Public 
Benefits.--Subject to subsections (d) and (h), for purposes of 
determining the eligibility of an alien for any Federal means-
tested public benefit, and the amount of such benefit, income 
and resources described in subsection (b) shall, 
notwithstanding any other provision of law, be deemed to be 
income and resources of such alien.
    (b) Deemed Income and Resources.--The income and resources 
described in this subsection shall include the income and 
resources of--
            (1) each sponsor under section 213A of the 
        Immigration and Nationality Act;
            (2) each person who, as a sponsor of an alien's 
        entry into the United States, or in order to enable an 
        alien lawfully to remain in the United States, executed 
        an affidavit of support or similar agreement other than 
        under section 213A with respect to such alien, and
            (3) each sponsor's spouse.
    (c) Length of Deeming Period.--
            (1) In general.--Subject to paragraph (3), for an 
        alien for whom an affidavit of support under section 
        213A of the Immigration and Nationality Act has been 
        executed, the requirement of subsection (a) shall apply 
        until the alien is naturalized as a citizen of the 
        United States.
            (2) Special rule for outdated affidavit of 
        support.--Subject to paragraph (3), for an alien for 
        whom an affidavit of support has been executed other 
        than as required under section 213A of the Immigration 
        and Nationality Act, the requirement of subsection (a) 
        shall apply for a period of 5 years beginning on the 
        day such alien was provided lawful permanent resident 
        status after the execution of such affidavit or 
        agreement, but in no case after the date of 
        naturalization of the alien.
            (3) Exception to general rule.--Subsection (a) 
        shall not apply and the period of attribution of a 
        sponsor's income and resources under this subsection 
        with respect to an alien shall terminate at such time 
        as an affidavit of support of such sponsor with respect 
        to the alien becomes no longer enforceable under 
        section 213A(a)(3) of the Immigration and Nationality 
        Act.
            (4) Provision of information to save.--The Attorney 
        General shall ensure that appropriate information 
        regarding sponsorship and the operation of this section 
        is provided to the system for alien verification of 
        eligibility (SAVE) described in section 1137(d)(3) of 
        the Social Security Act (42 U.S.C. 1320b-7(d)(3)).
    (d) Exceptions.--
            (1) Indigence.--
                    (A) In general.--For an alien for whom an 
                affidavit of support under section 213A of the 
                Immigration and Nationality Act has been 
                executed, if a determination described in 
                subparagraph (B) is made, the amount of income 
                and resources of the sponsor or the sponsor's 
                spouse which shall be attributed to the 
                sponsored alien shall not exceed the amount 
                actually provided for a period beginning on the 
                date of such determination and ending 12 months 
                after such date.
                    (B) Determination described.--A 
                determination described in this subparagraph is 
                a determination by an agency that a sponsored 
                alien would, in the absence of the assistance 
                provided by the agency, be unable to obtain 
                food and shelter, taking into account the 
                alien's own income, plus any cash, food, 
                housing, or other assistance provided by other 
                individuals, including the sponsor. The agency 
                shall notify the Attorney General of each such 
                determination, including the names of the 
                sponsor and the sponsored alien involved.
            (2) Excepted benefits.--The requirements of 
        subsection (a) shall not apply to the following:
                    (A)(i) Medical assistance under title XIX 
                of the Social Security Act (or any successor 
                program to such title) for care and services 
                that are necessary for the treatment of an 
                emergency medical condition of the alien 
                involved and are not related to an organ 
                transplant procedure.
                    (ii) For purposes of this subparagraph, the 
                term ``emergency medical condition'' means a 
                medical condition (including emergency labor 
                and delivery) manifesting itself by acute 
                symptoms of sufficient severity (including 
                severe pain) such that the absence of immediate 
                medical attention could reasonably be expected 
                to result in--
                            (I) placing the patient's health in 
                        serious jeopardy,
                            (II) serious impairment to bodily 
                        functions, or
                            (III) serious dysfunction of any 
                        bodily organ or part.
                    (B) Short-term noncash emergency disaster 
                relief.
                    (C) Assistance or benefits under--
                            (i) the National School Lunch Act 
                        (42 U.S.C. 1751 et seq.);
                            (ii) the Child Nutrition Act of 
                        1966 (42 U.S.C. 1771 et seq.);
                            (iii) section 4 of the Agriculture 
                        and Consumer Protection Act of 1973 
                        (Public Law 93-86; 7 U.S.C. 612c note);
                            (iv) the Emergency Food Assistance 
                        Act of 1983 (Public Law 98-8; 7 U.S.C. 
                        612c note);
                            (v) section 110 of the Hunger 
                        Prevention Act of 1988 (Public Law 100-
                        435; 7 U.S.C. 612c note); and
                            (vi) the food distribution program 
                        on Indian reservations established 
                        under section 4(b) of Public Law 88-525 
                        (7 U.S.C. 2013(b)).
                    (D) Public health assistance for 
                immunizations and, if the Secretary of Health 
                and Human Services determines that it is 
                necessary to prevent the spread of a serious 
                communicable disease, for testing and treatment 
                for such disease (which may not include 
                treatment for HIV infection or acquired immune 
                deficiency syndrome).
                    (E) Benefits under programs of student 
                assistance under titles IV, V, IX, and X of the 
                Higher Education Act of 1965 and titles III, 
                VII, and VIII of the Public Health Service Act.
                    (F) Benefits under any means-tested 
                programs under the Elementary and Secondary 
                Education Act of 1965.
                    (G) Such other in-kind service or noncash 
                assistance (such as soup kitchens, crisis 
                counseling, intervention (including 
                intervention for domestic violence) and short-
                term, shelter) as the Attorney General 
                specifies, in the Attorney General's sole and 
                unreviewable discretion, after consultation 
                with the heads of appropriate Federal agencies, 
                if--
                            (i) such service or assistance is 
                        delivered at the community level, 
                        including through public or private 
                        nonprofit agencies;
                            (ii) such service or assistance is 
                        necessary for the protection of life, 
                        safety, or public health; and
                            (iii) such service or assistance or 
                        the amount or cost of such service or 
                        assistance is not conditioned on the 
                        recipient's income or resources.
    (e) Federal Means-Tested Public Benefit Defined.--The term 
``Federal means-tested public benefit'' means any public 
benefit (including cash, medical, housing, and food assistance 
and social services) provided or funded in whole or in part by 
the Federal Government in which the eligibility of an 
individual, household, or family eligibility unit for the 
benefit, or the amount of the benefit, or both are determined 
on the basis of income, resources, or financial need of the 
individual, household, or unit.
    (f) Special Rule for Battered Spouse and Child.--
            (1) In general.--Subject to paragraph (2) and 
        notwithstanding any other provision of this section, 
        subsection (a) shall not apply to benefits--
                    (A) during a 12 month period if the alien 
                demonstrates that (i) the alien has been 
                battered or subjected to extreme cruelty in the 
                United States by a spouse or a parent, or by a 
                member of the spouse or parent's family 
                residing in the same household as the alien and 
                the spouse or parent consented to or acquiesced 
                to such battery or cruelty, or (ii) the alien's 
                child has been battered or subjected to extreme 
                cruelty in the United States by the 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 or acquiesced to and the alien did 
                not actively participate in such battery or 
                cruelty, and the battery or cruelty described 
                in clause (i) or (ii) (in the opinion of the 
                agency providing such public benefits, which 
                opinion is not subject to review by any court) 
                has a substantial connection to the need for 
                the public benefits applied for; and
                    (B) after a 12 month period (regarding the 
                batterer's income and resources only) if the 
                alien demonstrates that such battery or cruelty 
                under subparagraph (A) has been recognized in 
                an order of a judge or administrative law judge 
                or a prior determination of the Immigration and 
                Naturalization Service, and that such battery 
                or cruelty (in the opinion of the agency 
                providing such public benefits, which opinion 
                is not subject to review by any court) has a 
                substantial connection to the need for the 
                benefits.
            (2) Limitation.--The exception under paragraph (1) 
        shall not apply to benefits for an alien during any 
        period in which the individual responsible for such 
        battery or cruelty resides in the same household or 
        family eligibility unit as the individual who was 
        subjected to such battery or cruelty.
    (g) Application.--
            (1) In general.--The provisions of this section 
        shall apply with respect to determinations of 
        eligibility and amount of benefits for individuals for 
        whom an application is filed on or after the first day 
        of the first month beginning more than 60 days after 
        the date of the enactment of this Act.
            (2) Redeterminations.--This section shall apply 
        with respect to any redetermination of eligibility and 
        amount of benefits occurring on or after the date 
        determined under paragraph (1).
    (h) No Deeming Requirement for Nonprofit Charitable 
Organizations.--A nonprofit charitable organization operating 
any Federal means-tested public benefit program is not required 
to deem that the income or assets of any applicant for any 
benefit or assistance under such program include the income or 
assets described in subsection (b).

SEC. 553. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES AUTHORITY FOR 
                    STATE AND LOCAL GOVERNMENTS.

    (a) In General.--Subject to subsection (b) and 
notwithstanding any other provision of law, a State or 
political subdivision of a State is authorized, for purposes of 
determining the eligibility of an alien for benefits and the 
amount of benefits, under any means-based public benefit 
program of a State or a political subdivision of a State (other 
than a program of assistance provided or funded, in whole or in 
part, by the Federal Government), to require that the income 
and resources of any individual under section 552(b) be deemed 
to be the income and resources of such alien.
    (b) Limitations.--
            (1) Exceptions.--Any attribution of income and 
        resources pursuant to the authority of subsection (a) 
        shall be subject to exceptions comparable to the 
        exceptions of section 552(d).
            (2) Period of deeming.--Any period of attribution 
        of income and resources pursuant to the authority of 
        subsection (a) shall not exceed the period of 
        attribution under section 552(c).

SEC. 554. AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS OF STATES TO 
                    LIMIT ASSISTANCE TO ALIENS AND TO DISTINGUISH AMONG 
                    CLASSES OF ALIENS IN PROVIDING GENERAL CASH PUBLIC 
                    ASSISTANCE.

    (a) In General.--Subject to subsection (b) and 
notwithstanding any other provision of law, a State or 
political subdivision of a State is authorized to prohibit or 
otherwise limit or restrict the eligibility of aliens or 
classes of aliens for programs of general cash public 
assistance furnished under the law of the State or a political 
subdivision of a State.
    (b) Limitation.--The authority provided for under 
subsection (a) may be exercised only to the extent that any 
prohibitions, limitations, or restrictions imposed by a State 
or political subdivision of a State are not more restrictive 
than the prohibitions, limitations, or restrictions imposed 
under comparable Federal programs. For purposes of this 
section, attribution to an alien of a sponsor's income and 
resources (as described in section 552(b)) for purposes of 
determining eligibility for, and the amount of, benefits shall 
be considered less restrictive than a prohibition of 
eligibility for such benefits.

                  Subtitle D--Miscellaneous Provisions

SEC. 561. INCREASED MAXIMUM CRIMINAL PENALTIES FOR FORGING OR 
                    COUNTERFEITING SEAL OF A FEDERAL DEPARTMENT OR 
                    AGENCY TO FACILITATE BENEFIT FRAUD BY AN UNLAWFUL 
                    ALIEN.

    Section 506 of title 18, United States Code, is amended to 
read as follows:

``Sec. 506. Seals of departments or agencies

    ``(a) Whoever--
            ``(1) falsely makes, forges, counterfeits, 
        mutilates, or alters the seal of any department or 
        agency of the United States, or any facsimile thereof;
            ``(2) knowingly uses, affixes, or impresses any 
        such fraudulently made, forged, counterfeited, 
        mutilated, or altered seal or facsimile thereof to or 
        upon any certificate, instrument, commission, document, 
        or paper of any description; or
            ``(3) with fraudulent intent, possesses, sells, 
        offers for sale, furnishes, offers to furnish, gives 
        away, offers to give away, transports, offers to 
        transport, imports, or offers to import any such seal 
        or facsimile thereof, knowing the same to have been so 
        falsely made, forged, counterfeited, mutilated, or 
        altered,
shall be fined under this title, or imprisoned not more than 5 
years, or both.
    ``(b) Notwithstanding subsection (a) or any other provision 
of law, if a forged, counterfeited, mutilated, or altered seal 
of a department or agency of the United States, or any 
facsimile thereof, is--
            ``(1) so forged, counterfeited, mutilated, or 
        altered;
            ``(2) used, affixed, or impressed to or upon any 
        certificate, instrument, commission, document, or paper 
        of any description; or
            ``(3) with fraudulent intent, possessed, sold, 
        offered for sale, furnished, offered to furnish, given 
        away, offered to give away, transported, offered to 
        transport, imported, or offered to import,
with the intent or effect of facilitating an alien's 
application for, or receipt of, a Federal benefit to which the 
alien is not entitled, the penalties which may be imposed for 
each offense under subsection (a) shall be two times the 
maximum fine, and 3 times the maximum term of imprisonment, or 
both, that would otherwise be imposed for an offense under 
subsection (a).
    ``(c) For purposes of this section--
            ``(1) the term `Federal benefit' means--
                    ``(A) the issuance of any grant, contract, 
                loan, professional license, or commercial 
                license provided by any agency of the United 
                States or by appropriated funds of the United 
                States; and
                    ``(B) any retirement, welfare, Social 
                Security, health (including treatment of an 
                emergency medical condition in accordance with 
                section 1903(v) of the Social Security Act (19 
                U.S.C. 1396b(v))), disability, veterans, public 
                housing, education, food stamps, or 
                unemployment benefit, or any similar benefit 
                for which payments or assistance are provided 
                by an agency of the United States or by 
                appropriated funds of the United States; and
            ``(2) each instance of forgery, counterfeiting, 
        mutilation, or alteration shall constitute a separate 
        offense under this section.''.

SEC. 562. COMPUTATION OF TARGETED ASSISTANCE.

    (a) In General.--Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is 
amended by adding at the end the following new subparagraph:
    ``(C) All grants made available under this paragraph for a 
fiscal year (other than the Targeted Assistance Ten Percent 
Discretionary Program) shall be allocated by the Office of 
Resettlement in a manner that ensures that each qualifying 
county shall receive the same amount of assistance for each 
refugee and entrant residing in the county as of the beginning 
of the fiscal year who arrived in the United States not more 
than 60 months prior to such fiscal year.''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall be effective for fiscal years after fiscal year 1996.

SEC. 563. TREATMENT OF EXPENSES SUBJECT TO EMERGENCY MEDICAL SERVICES 
                    EXCEPTION.

    (a) In General.--Subject to such amounts as are provided in 
advance in appropriation Acts, each State or political 
subdivision of a State that provides medical assistance for 
care and treatment of an emergency medical condition (as 
defined for purposes of section 501(b)(1)) through a public 
hospital or other public facility (including a nonprofit 
hospital that is eligible for an additional payment adjustment 
under section 1886 of the Social Security Act) or through 
contract with another hospital or facility to an individual who 
is an alien not lawfully present in the United States is 
eligible for payment from the Federal Government of its costs 
of providing such services, but only to the extent that such 
costs are not otherwise reimbursed through any other Federal 
program and cannot be recovered from the alien or another 
person.
    (b) Confirmation of Immigration Status Required.--No 
payment shall be made under this section with respect to 
services furnished to an individual unless the immigration 
status of the individual has been verified through appropriate 
procedures established by the Secretary of Health and Human 
Services and the Attorney General.
    (c) Administration.--This section shall be administered by 
the Attorney General, in consultation with the Secretary of 
Health and Human Services.
    (d) Effective Date.--Subsection (a) shall apply to medical 
assistance for care and treatment of an emergency medical 
condition furnished on or after October 1, 1996.

SEC. 564. REIMBURSEMENT OF STATES AND LOCALITIES FOR EMERGENCY 
                    AMBULANCE SERVICES.

    Subject to the availability of appropriations, the Attorney 
General shall fully reimburse States and political subdivisions 
of States for costs incurred by such a State or subdivision for 
emergency ambulance services provided to any alien who--
            (1) is injured while crossing a land or sea border 
        of the United States without inspection or at any time 
        or place other than as designated by the Attorney 
        General; and
            (2) is under the custody of the State or 
        subdivision pursuant to a transfer, request, or other 
        action by a Federal authority.

SEC. 565. PILOT PROGRAMS TO REQUIRE BONDING.

    (a) In General.--
            (1) The Attorney General of the United States shall 
        establish a pilot program in 5 district offices of the 
        Immigration and Naturalization Service to require 
        aliens to post a bond in addition to the affidavit 
        requirements under section 551 and the deeming 
        requirements under section 552. Any pilot program 
        established pursuant to this subsection shall require 
        an alien to post a bond in an amount sufficient to 
        cover the cost of benefits for the alien and the 
        alien's dependents under the programs described in 
        section 241(a)(5)(D) of the Immigration and Nationality 
        Act (8 U.S.C. 1251(a)(5)(D)) and shall remain in effect 
        until the departure, naturalization, or death of the 
        alien.
            (2) Suit on any such bonds may be brought under the 
        terms and conditions set forth in section 213A of the 
        Immigration and Nationality Act.
    (b) Regulations.--Not later than 180 days after the date of 
the enactment of this Act, the Attorney General shall issue 
regulations for establishing the pilot programs, including--
            (1) criteria and procedures for--
                    (A) certifying bonding companies for 
                participation in the program, and
                    (B) debarment of any such company that 
                fails to pay a bond, and
            (2) criteria for setting the amount of the bond to 
        assure that the bond is in an amount that is not less 
        than the cost of providing benefits under the programs 
        described in section 241(a)(5)(D) for the alien and the 
        alien's dependents for 6 months.
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section.
    (d) Annual Reporting Requirement.--Beginning 9 months after 
the date of implementation of the pilot program, the Attorney 
General shall submit annually to the Committees on the 
Judiciary of the House of Representatives and the Senate a 
report on the effectiveness of the program. The Attorney 
General shall submit a final evaluation of the program not 
later than 1 year after termination.
    (e) Sunset.--The pilot program under this section shall 
terminate after 3 years of operation.
    (f) Bonds in Addition to Sponsorship and Deeming 
Requirements.--Section 213 of the Immigration and Nationality 
Act (8 U.S.C. 1183) is amended by inserting ``(subject to the 
affidavit of support requirement and attribution of sponsor's 
income and resources under section 213A)'' after ``in the 
discretion of the Attorney General''.

SEC. 566. REPORTS.

    Not later than 180 days after the end of each fiscal year, 
the Attorney General shall submit a report to the Inspector 
General of the Department of Justice and the Committees on the 
Judiciary of the House of Representatives and of the Senate 
describing the following:
            (1) Public charge deportations.--The number of 
        aliens deported on public charge grounds under section 
        241(a)(5) of the Immigration and Nationality Act during 
        the previous fiscal year.
            (2) Indigent sponsors.--The number of 
        determinations made under section 552(d)(1) of this Act 
        (relating to indigent sponsors) during the previous 
        fiscal year.
            (3) Reimbursement actions.--The number of actions 
        brought, and the amount of each action, for 
        reimbursement under section 213A of the Immigration and 
        Nationality Act (including private collections) for the 
        costs of providing public benefits.
            (4) Verifications of eligibility.--The number of 
        situations in which a Federal or State agency fails to 
        respond within 10 days to a request for verification of 
        eligibility under section 510(b), including the reasons 
        for, and the circumstances of, each such failure.

                     Subtitle E--Housing Assistance

SEC. 571. SHORT TITLE.

    This subtitle may be cited as the ``Use of Assisted Housing 
by Aliens Act of 1996''.

SEC. 572. PRORATING OF FINANCIAL ASSISTANCE.

    Section 214(b) of the Housing and Community Development Act 
of 1980 (42 U.S.C. 1436a(b)) is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following new 
        paragraph:
    ``(2) If the eligibility for financial assistance of at 
least one member of a family has been affirmatively established 
under the program of financial assistance and under this 
section, and the eligibility of one or more family members has 
not been affirmatively established under this section, any 
financial assistance made available to such family by the 
Secretary of Housing and Urban Development shall be prorated, 
based on the number of individuals in the family for whom 
eligibility has been affirmatively established under the 
program of financial assistance and under this section, as 
compared with the total number of individuals who are members 
of the family.''.

SEC. 573. ACTIONS IN CASES OF TERMINATION OF FINANCIAL ASSISTANCE.

    (a) In General.--Section 214(c)(1) of the Housing and 
Community Development Act of 1980 (42 U.S.C. 1436a(c)(1)) is 
amended--
            (1) in the matter preceding subparagraph (A)--
                    (A) by striking ``on the date of the 
                enactment of the Housing and Community 
                Development Act of 1987''; and
                    (B) by striking ``may, in its discretion,'' 
                and inserting ``shall'';
            (2) in subparagraph (A), by adding at the end the 
        following new sentence: ``Financial assistance 
        continued under this subparagraph for a family shall be 
        provided only on a prorated basis under which the 
        amount of financial assistance is based on the 
        percentage of the total number of members of the family 
        that are eligible for such assistance under the program 
        for financial assistance and under this section.''; and
            (3) by striking subparagraph (B), and inserting the 
        following new subparagraph:
            ``(B) Defer the termination of financial 
        assistance, if necessary to permit the orderly 
        transition of the individual and any family members 
        involved to other housing, subject to the following 
        requirements:
                    ``(i) Except as provided in clause (ii), 
                any deferral under this subparagraph shall be 
                for a single 3-month period.
                    ``(ii) The time period referred to in 
                clause (i) shall not apply in the case of a 
                refugee under section 207 of the Immigration 
                and Nationality Act or an individual seeking 
                asylum under section 208 of such Act.''.
    (b) Scope of Application.--
            (1) In general.--The amendment made by subsection 
        (a)(3) shall apply to any deferral granted under 
        section 214(c)(1)(B) of the Housing and Community 
        Development Act of 1980 on or after the date of the 
        enactment of this Act.
            (2) Treatment of deferrals and renewals granted 
        before enactment.--In the case of any deferral which 
        was granted or renewed under section 214(c)(1)(B) of 
        the Housing and Community Development Act of 1980 
        before the date of the enactment of this Act--
                    (A) if the deferral or renewal expires 
                before the expiration of the 3-month period 
                beginning upon such date of enactment, the 
                deferral or renewal may, upon expiration of the 
                deferral period, be renewed for not more than a 
                single additional 3-month period; and
                    (B) if the deferral or renewal expires on 
                or after the expiration of such 3-month period, 
                the deferral or renewal may not be renewed or 
                extended.

SEC. 574. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY FOR 
                    FINANCIAL ASSISTANCE.

    (a) In General.--Section 214(d) of the Housing and 
Community Development Act of 1980 (42 U.S.C. 1436a(d)) is 
amended--
            (1) by striking the matter preceding paragraph (1) 
        and inserting the following:
    ``(d) No individual applying for financial assistance shall 
receive such financial assistance before the affirmative 
establishment and verification of the eligibility of the 
individual under this subsection by the Secretary or other 
appropriate entity, and the following conditions shall apply 
with respect to financial assistance being or to be provided 
for the benefit of an individual:'';
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by adding at the 
                end the following: ``If the declaration states 
                that the individual is not a citizen or 
                national of the United States and the 
                individual is younger than 62 years of age, the 
                declaration shall be verified by the 
                Immigration and Naturalization Service.'';
                    (B) by striking subparagraph (B) and 
                inserting the following new subparagraph:
            ``(B) In the case of any individual who is younger 
        than 62 years of age and is receiving or applying for 
        financial assistance, there must be presented the item 
        (or items) described in one of the following 
        subparagraphs for that individual:
                    ``(i) A United States passport (either 
                current or expired if issued both within the 
                previous 20 years and after the individual 
                attained 18 years of age).
                    ``(ii) A resident alien card or an alien 
                registration card, if the card (i) contains a 
                photograph of the individual and (ii) contains 
                security features to make it resistant to 
                tampering, counterfeiting, and fraudulent use.
                    ``(iii) A driver's license or similar 
                document issued for the purpose of 
                identification by a State, if it contains a 
                photograph of the individual.
                    ``(iv) If the individual attests to being a 
                citizen or national of the United States and 
                the individual does not have other 
                documentation under this paragraph, such other 
                documents or evidence that identify the 
                individual, as the Attorney General may 
                designate as constituting reasonable evidence 
                indicating United States citizenship.''.
            (3) by striking paragraph (2) and inserting the 
        following new paragraph:
        ``(2) In the case of an individual who is not a citizen 
        or national of the United States, is not 62 years of 
        age or older, and is applying for financial assistance, 
        the Secretary may not provide such assistance for the 
        benefit of the individual before such documentation is 
        presented and verified under paragraph (3) or (4).'';
            (4) in paragraph (3), by striking ``(2)(A) is 
        presented'' and inserting ``(1)(B)(ii) is presented and 
        contains the individual's alien admission number or 
        alien file number (or numbers if the individual has 
        more than one number)''
            (5) in paragraph (4)--
                    (A) in the matter preceding subparagraph 
                (A)--
                            (i) by striking ``on the date of 
                        the enactment of the Housing and 
                        Community Development Act of 1987'' and 
                        inserting ``or applying for financial 
                        assistance'';
                            (ii) by striking ``paragraph (2)'' 
                        and inserting ``paragraph (1)(B)(ii)''; 
                        and
                            (iii) by striking ``paragraph 
                        (2)(A)'' and inserting ``paragraph 
                        (1)(B)(ii)'';
                    (B) in subparagraph (A)--
                            (i) in clause (i)--
                                    (I) by inserting ``, not to 
                                exceed 30 days,'' after 
                                ``reasonable opportunity''; and
                                    (II) by striking ``and'' at 
                                the end; and
                            (ii) by striking clause (ii) and 
                        inserting the following new clauses:
                            ``(ii) in the case of any 
                        individual who is receiving assistance, 
                        may not delay, deny, reduce, or 
                        terminate the individual's eligibility 
                        for financial assistance on the basis 
                        of the individual's immigration status 
                        until such 30-day period has expired, 
                        and
                            ``(iii) in the case of any 
                        individual who is applying for 
                        financial assistance, may not deny the 
                        application for such assistance on the 
                        basis of the individual's immigration 
                        status until such 30-day period has 
                        expired; and''; and
                    (C) in subparagraph (B), by striking 
                clauses (i) and (ii) and inserting the 
                following new clauses:
                            ``(i) the Secretary shall transmit 
                        to the Immigration and Naturalization 
                        Service either photostatic or other 
                        similar copies of such documents, or 
                        information from such documents, as 
                        specified by the Immigration and 
                        Naturalization Service, for official 
                        verification,
                            ``(ii) pending such verification or 
                        appeal, the Secretary may not--
                                    ``(I) in the case of any 
                                individual who is receiving 
                                assistance, delay, deny, 
                                reduce, or terminate the 
                                individual's eligibility for 
                                financial assistance on the 
                                basis of the individual's 
                                immigration status, and
                                    ``(II) in the case of any 
                                individual who is applying for 
                                financial assistance, deny the 
                                application for such assistance 
                                on the basis of the 
                                individual's immigration 
                                status, and'';
            (6) in paragraph (5), by striking all that follows 
        ``satisfactory immigration status'' and inserting the 
        following: ``, the Secretary shall--
                    ``(A) deny the individual's application for 
                financial assistance or terminate the 
                individual's eligibility for financial 
                assistance, as the case may be,
                    ``(B) provide the individual with written 
                notice of the determination under this 
                paragraph, which in the case of an individual 
                who is receiving financial assistance shall 
                also notify the individual of the opportunity 
                for a hearing under subparagraph (C), and
                    ``(C) in the case of an individual who is 
                receiving financial assistance and requests a 
                hearing under this subparagraph, provide a 
                hearing within 5 days of receipt of the notice 
                under subparagraph (B), at which hearing the 
                individual may produce the documentation of 
                immigration status required under this 
                subsection or the reasons for the termination 
                shall be explained and the individual shall be 
                notified of his or her eligibility for deferral 
                under subsection (c)(1)(B).'';
            (7) by striking paragraph (6) and inserting the 
        following new paragraph:
            ``(6) The Secretary shall terminate the eligibility 
        for financial assistance of an individual and the 
        members of the household of the individual, for a 
        period of not less than 24 months, upon determining 
        that such individual has knowingly permitted another 
        individual who is not eligible for such assistance to 
        use the assistance (including residence in the unit 
        receiving the assistance). This provision shall not 
        apply to a family if the ineligibility of the 
        ineligible individual at issue was considered in 
        calculating any proration under this section of 
        assistance provided for the family.''; and
            (8) by striking the matter following paragraph (6) 
        and inserting the following new paragraphs:
            ``(7) An owner of housing receiving financial 
        assistance--
                    ``(A) may initiate procedures to 
                affirmatively establish or verify the 
                eligibility of an individual or family under 
                this section at any time at which the owner 
                determines that such eligibility is in 
                question, regardless of whether or not the 
                individual or family is at or near the top of 
                the waiting list for the housing;
                    ``(B) shall affirmatively establish or 
                verify the eligibility of an individual or 
                family under this section in accordance with 
                the procedures set forth in section 274A(b)(1) 
                of the Immigration and Nationality Act; and
                    ``(C) shall have access to any relevant 
                information contained in the SAVE system (or 
                any successor thereto) that relates to any 
                individual or family applying for financial 
                assistance.
        ``For purposes of this paragraph, the term `owner' 
        includes any public housing agency (as such term is 
        defined in section 3 of the United States Housing Act 
        of 1937). For purposes of this paragraph, when used in 
        reference to a family, the term `eligibility' means the 
        eligibility of each member of the family.
            ``(8) For purposes of this subsection, the 
        following definitions shall apply:
                    ``(A) The term `satisfactory immigration 
                status' means an immigration status which does 
                not make the individual ineligible for 
                financial assistance.
                    ``(B) The term `Secretary' means the 
                Secretary of Housing and Urban Development, a 
                public housing agency, or another entity that 
                determines the eligibility of an individual for 
                financial assistance.''.
    (b) Effective Date.--
            (1) In general.--Notwithstanding section 576 of 
        this Act, the amendment made by subsection (a)(2)(B) of 
        this section shall apply to application for benefits 
        filed on or after such date as the Attorney General 
        specifies in regulations under paragraph (2) of this 
        subsection. Such date shall be at least 60 days, and 
        not more than 90 days, after the date the Attorney 
        General first issues such regulations.
            (2) Regulations.--The Attorney General (in 
        consultation with the heads of other appropriate 
        agencies) shall first issue regulations to carry out 
        the amendment made by subsection (a)(2)(B) of this 
        section not later than 180 days after the date of the 
        enactment of this Act. Such regulations shall be 
        effective on an interim basis, pending change after 
        opportunity for public comment.

SEC. 575. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING FINANCIAL 
                    ASSISTANCE ELIGIBILITY DETERMINATIONS.

    Section 214(e) of the Housing and Community Development Act 
of 1980 (42 U.S.C. 1436a(e)) is amended--
            (1) in paragraph (2), by inserting ``or'' after the 
        comma at the end;
            (2) in paragraph (3), by inserting after ``, or'' 
        at the end the following: ``the response from the 
        Immigration and Naturalization Service to the appeal of 
        such individual.''; and
            (3) by striking paragraph (4).

SEC. 576. REGULATIONS.

    (a) Issuance.--Not later than the expiration of the 60-day 
period beginning on the date of the enactment of this Act, the 
Secretary of Housing and Urban Development shall issue any 
regulations necessary to implement the amendments made by this 
subtitle. Such regulations shall be issued in the form of an 
interim final rule, which shall take effect upon issuance and 
shall not be subject to the provisions of section 533 of title 
5, United States Code, regarding notice or an opportunity for 
comment.
    (b) Failure To Issue.--If the Secretary fails to issue the 
regulations required under subsection (a) before the expiration 
of the period referred to in such subsection, the regulations 
relating to restrictions on assistance to noncitizens, 
contained in the final rule issued by the Secretary of Housing 
and Urban Development in RIN 2501-AA63 (Docket No. R-95-1409; 
FR-2383-F-050), published in the Federal Register of March 20, 
1995 (Vol. 60, No. 53; pp. 14824-14861), shall not apply after 
the expiration of such period.

SEC. 577. REPORT ON HOUSING ASSISTANCE PROGRAMS.

    Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Housing and Urban Development shall 
submit a report to the Committee on the Judiciary and the 
Committee on Banking, Housing, and Urban Affairs of the Senate, 
and the Committee on the Judiciary and the Committee on Banking 
and Financial Services of the House of Representatives, 
describing the manner in which the Secretary is enforcing 
section 214 of the Housing and Community Development Act of 
1980 and containing statistics with respect to the number of 
individuals denied financial assistance under such section.

                     Subtitle F--General Provisions

SEC. 591. EFFECTIVE DATES.

    Except as provided in this title, this title and the 
amendments made by this title shall take effect on the date of 
the enactment of this Act.

SEC. 592. STATUTORY CONSTRUCTION.

    Nothing in this title may be construed as an entitlement or 
a determination of an individual's eligibility or fulfillment 
of the requisite requirements for any Federal, State, or local 
governmental program, assistance, or benefits. For purposes of 
this title, eligibility relates only to the general issue of 
eligibility or ineligibility on the basis of alienage.

SEC. 593. NOT APPLICABLE TO FOREIGN ASSISTANCE.

    This title does not apply to any Federal, State, or local 
governmental program, assistance, or benefits provided to an 
alien under any program of foreign assistance as determined by 
the Secretary of State in consultation with the Attorney 
General.

SEC. 594. NOTIFICATION.

    (a) In General.--Each agency of the Federal Government or a 
State or political subdivision that administers a program 
affected by the provisions of this title, shall, directly or 
through the States, provide general notification to the public 
and to program recipients of the changes regarding eligibility 
for any such program pursuant to this title.
    (b) Failure To Give Notice.--Nothing in this section shall 
be construed to require or authorize continuation of 
eligibility if the notice under this section is not provided.

SEC. 595. DEFINITIONS.

    Except as otherwise provided in this title, for purposes of 
this title--
            (1) the terms ``alien'', ``Attorney General'', 
        ``national'', ``naturalization'', ``State'', and 
        ``United States'' shall have the meaning given such 
        terms in section 101(a) of the Immigration and 
        Nationality Act; and
            (2) the term ``child'' shall have the meaning given 
        such term in section 101(c) of the Immigration and 
        Nationality Act.

                   TITLE VI--MISCELLANEOUS PROVISIONS

                Subtitle A--Refugees, Parole, and Asylum

SEC. 601. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL 
                    METHODS.

    (a) Definition of Refugee.--
            (1) Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is 
        amended by adding at the end the following: ``For 
        purposes of determinations under this Act, a person who 
        has been forced to abort a pregnancy or to undergo 
        involuntary sterilization, or who has been persecuted 
        for failure or refusal to undergo such a procedure or 
        for other resistance to a coercive population control 
        program, shall be deemed to have been persecuted on 
        account of political opinion, and a person who has a 
        well founded fear that he or she will be forced to 
        undergo such a procedure or subject to persecution for 
        such failure, refusal, or resistance shall be deemed to 
        have a well founded fear of persecution on account of 
        political opinion.''.
            (2) Not later than 90 days after the end of each 
        fiscal year, the Attorney General shall submit a report 
        to the Committee on the Judiciary of the House of 
        Representatives and the Committee on the Judiciary of 
        the Senate describing the number and countries of 
        origin of aliens granted refugee status or asylum under 
        determinations pursuant to the amendment made by 
        paragraph (1). Each such report shall also contain 
        projections regarding the number and countries of 
        origin of aliens that are likely to be granted refugee 
        status or asylum for the subsequent 2 fiscal years.
    (b) Numerical Limitation.--Section 207(a) (8 U.S.C. 
1157(a)) is amended by adding at the end the following new 
paragraph:
    ``(5) For any fiscal year, not more than a total of 1,000 
refugees may be admitted under this subsection or granted 
asylum under section 208 pursuant to a determination under the 
third sentence of section 101(a)(42) (relating to persecution 
for resistance to coercive population control methods).''.

SEC. 602. LIMITATION ON USE OF PAROLE.

    (a) Parole Authority.--Section 212(d)(5)(A) (8 U.S.C. 
1182(d)(5)) is amended by striking ``for emergent reasons or 
for reasons deemed strictly in the public interest'' and 
inserting ``only on a case-by-case basis for urgent 
humanitarian reasons or significant public benefit''.
    (b) Report to Congress.--Not later than 90 days after the 
end of each fiscal year, the Attorney General shall submit a 
report to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the 
Senate describing the number and categories of aliens paroled 
into the United States under section 212(d)(5) of the 
Immigration and Nationality Act. Each such report shall provide 
the total number of aliens paroled into and residing in the 
United States and shall contain information and data for each 
country of origin concerning the number and categories of 
aliens paroled, the duration of parole, the current status of 
aliens paroled, and the number and categories of aliens 
returned to the custody from which they were paroled during the 
preceding fiscal year.

SEC. 603. TREATMENT OF LONG-TERM PAROLEES IN APPLYING WORLDWIDE 
                    NUMERICAL LIMITATIONS.

    Section 201(c) (8 U.S.C. 1151(c)) is amended--
            (1) by amending paragraph (1)(A)(ii) to read as 
        follows:
            ``(ii) the sum of the number computed under 
        paragraph (2) and the number computed under paragraph 
        (4), plus''; and
            (2) by adding at the end the following new 
        paragraphs:
    ``(4) The number computed under this paragraph for a fiscal 
year (beginning with fiscal year 1999) is the number of aliens 
who were paroled into the United States under section 212(d)(5) 
in the second preceding fiscal year--
            ``(A) who did not depart from the United States 
        (without advance parole) within 365 days; and
            ``(B) who (i) did not acquire the status of aliens 
        lawfully admitted to the United States for permanent 
        residence in the two preceding fiscal years, or (ii) 
        acquired such status in such years under a provision of 
        law (other than section 201(b)) which exempts such 
        adjustment from the numerical limitation on the 
        worldwide level of immigration under this section.
    ``(5) If any alien described in paragraph (4) (other than 
an alien described in paragraph (4)(B)(ii)) is subsequently 
admitted as an alien lawfully admitted for permanent residence, 
such alien shall not again be considered for purposes of 
paragraph (1).''.

SEC. 604. ASYLUM REFORM.

    (a) Asylum Reform.--Section 208 (8 U.S.C. 1158) is amended 
to read as follows:


                                ``asylum


    ``Sec. 208. (a) Authority To Apply for Asylum.--
            ``(1) In general.--Any alien who is physically 
        present in the United States or who arrives in the 
        United States (whether or not at a designated port of 
        arrival and including an alien who is brought to the 
        United States after having been interdicted in 
        international or United States waters), irrespective of 
        such alien's status, may apply for asylum in accordance 
        with this section or, where applicable, section 235(b).
            ``(2) Exceptions.--
                    ``(A) Safe third country.--Paragraph (1) 
                shall not apply to an alien if the Attorney 
                General determines that the alien may be 
                removed, pursuant to a bilateral or 
                multilateral agreement, to a country (other 
                than the country of the alien's nationality or, 
                in the case of an alien having no nationality, 
                the country of the alien's last habitual 
                residence) in which the alien's life or freedom 
                would not be threatened on account of race, 
                religion, nationality, membership in a 
                particular social group, or political opinion, 
                and where the alien would have access to a full 
                and fair procedure for determining a claim to 
                asylum or equivalent temporary protection, 
                unless the Attorney General finds that it is in 
                the public interest for the alien to receive 
                asylum in the United States.
                    ``(B) Time limit.--Subject to subparagraph 
                (D), paragraph (1) shall not apply to an alien 
                unless the alien demonstrates by clear and 
                convincing evidence that the application has 
                been filed within 1 year after the date of the 
                alien's arrival in the United States.
                    ``(C) Previous asylum applications.--
                Subject to subparagraph (D), paragraph (1) 
                shall not apply to an alien if the alien has 
                previously applied for asylum and had such 
                application denied.
                    ``(D) Changed circumstances.--An 
                application for asylum of an alien may be 
                considered, notwithstanding subparagraphs (B) 
                and (C), if the alien demonstrates to the 
                satisfaction of the Attorney General either the 
                existence of changed circumstances which 
                materially affect the applicant's eligibility 
                for asylum or extraordinary circumstances 
                relating to the delay in filing an application 
                within the period specified in subparagraph 
                (B).
            ``(3) Limitation on judicial review.--No court 
        shall have jurisdiction to review any determination of 
        the Attorney General under paragraph (2).
    ``(b) Conditions for Granting Asylum.--
            ``(1) In general.--The Attorney General may grant 
        asylum to an alien who has applied for asylum in 
        accordance with the requirements and procedures 
        established by the Attorney General under this section 
        if the Attorney General determines that such alien is a 
        refugee within the meaning of section 101(a)(42)(A).
            ``(2) Exceptions.--
                    ``(A) In general.--Paragraph (1) shall not 
                apply to an alien if the Attorney General 
                determines that--
                            ``(i) the alien 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) the alien, having been 
                        convicted by a final judgment of a 
                        particularly serious crime, constitutes 
                        a danger to the community of the United 
                        States;
                            ``(iii) there are serious reasons 
                        for believing that the alien has 
                        committed a serious nonpolitical crime 
                        outside the United States prior to the 
                        arrival of the alien in the United 
                        States;
                            ``(iv) there are reasonable grounds 
                        for regarding the alien as a danger to 
                        the security of the United States;
                            ``(v) the alien is inadmissible 
                        under subclause (I), (II), (III), or 
                        (IV) of section 212(a)(3)(B)(i) or 
                        removable under section 237(a)(4)(B) 
                        (relating to terrorist activity), 
                        unless, in the case only of an alien 
                        inadmissible under subclause (IV) of 
                        section 212(a)(3)(B)(i), the Attorney 
                        General determines, in the Attorney 
                        General's discretion, that there are 
                        not reasonable grounds for regarding 
                        the alien as a danger to the security 
                        of the United States; or
                            ``(vi) the alien was firmly 
                        resettled in another country prior to 
                        arriving in the United States.
                    ``(B) Special rules.--
                            ``(i) Conviction of aggravated 
                        felony.--For purposes of clause (ii) of 
                        subparagraph (A), an alien who has been 
                        convicted of an aggravated felony shall 
                        be considered to have been convicted of 
                        a particularly serious crime.
                            ``(ii) Offenses.--The Attorney 
                        General may designate by regulation 
                        offenses that will be considered to be 
                        a crime described in clause (ii) or 
                        (iii) of subparagraph (A).
                    ``(C) Additional limitations.--The Attorney 
                General may by regulation establish additional 
                limitations and conditions, consistent with 
                this section, under which an alien shall be 
                ineligible for asylum under paragraph (1).
                    ``(D) No judicial review.--There shall be 
                no judicial review of a determination of the 
                Attorney General under subparagraph (A)(v).
            ``(3) Treatment of spouse and children.--A spouse 
        or child (as defined in section 101(b)(1)(A), (B), (C), 
        (D), or (E)) of an alien who is granted asylum under 
        this subsection may, if not otherwise eligible for 
        asylum under this section, be granted the same status 
        as the alien if accompanying, or following to join, 
        such alien.
    ``(c) Asylum Status.--
            ``(1) In general.--In the case of an alien granted 
        asylum under subsection (b), the Attorney General--
                    ``(A) shall not remove or return the alien 
                to the alien's country of nationality or, in 
                the case of a person having no nationality, the 
                country of the alien's last habitual residence;
                    ``(B) shall authorize the alien to engage 
                in employment in the United States and provide 
                the alien with appropriate endorsement of that 
                authorization; and
                    ``(C) may allow the alien to travel abroad 
                with the prior consent of the Attorney General.
            ``(2) Termination of asylum.--Asylum granted under 
        subsection (b) does not convey a right to remain 
        permanently in the United States, and may be terminated 
        if the Attorney General determines that--
                    ``(A) the alien no longer meets the 
                conditions described in subsection (b)(1) owing 
                to a fundamental change in circumstances;
                    ``(B) the alien meets a condition described 
                in subsection (b)(2);
                    ``(C) the alien may be removed, pursuant to 
                a bilateral or multilateral agreement, to a 
                country (other than the country of the alien's 
                nationality or, in the case of an alien having 
                no nationality, the country of the alien's last 
                habitual residence) in which the alien's life 
                or freedom would not be threatened on account 
                of race, religion, nationality, membership in a 
                particular social group, or political opinion, 
                and where the alien is eligible to receive 
                asylum or equivalent temporary protection;
                    ``(D) the alien has voluntarily availed 
                himself or herself of the protection of the 
                alien's country of nationality or, in the case 
                of an alien having no nationality, the alien's 
                country of last habitual residence, by 
                returning to such country with permanent 
                resident status or the reasonable possibility 
                of obtaining such status with the same rights 
                and obligations pertaining to other permanent 
                residents of that country; or
                    ``(E) the alien has acquired a new 
                nationality and enjoys the protection of the 
                country of his or her new nationality.
            ``(3) Removal when asylum is terminated.--An alien 
        described in paragraph (2) is subject to any applicable 
        grounds of inadmissibility or deportability under 
        section 212(a) and 237(a), and the alien's removal or 
        return shall be directed by the Attorney General in 
        accordance with sections 240 and 241.
    ``(d) Asylum Procedure.--
            ``(1) Applications.--The Attorney General shall 
        establish a procedure for the consideration of asylum 
        applications filed under subsection (a). The Attorney 
        General may require applicants to submit fingerprints 
        and a photograph at such time and in such manner to be 
        determined by regulation by the Attorney General.
            ``(2) Employment.--An applicant for asylum is not 
        entitled to employment authorization, but such 
        authorization may be provided under regulation by the 
        Attorney General. An applicant who is not otherwise 
        eligible for employment authorization shall not be 
        granted such authorization prior to 180 days after the 
        date of filing of the application for asylum.
            ``(3) Fees.--The Attorney General may impose fees 
        for the consideration of an application for asylum, for 
        employment authorization under this section, and for 
        adjustment of status under section 209(b). Such fees 
        shall not exceed the Attorney General's costs in 
        adjudicating the applications. The Attorney General may 
        provide for the assessment and payment of such fees 
        over a period of time or by installments. Nothing in 
        this paragraph shall be construed to require the 
        Attorney General to charge fees for adjudication 
        services provided to asylum applicants, or to limit the 
        authority of the Attorney General to set adjudication 
        and naturalization fees in accordance with section 
        286(m).
            ``(4) Notice of privilege of counsel and 
        consequences of frivolous application.--At the time of 
        filing an application for asylum, the Attorney General 
        shall--
                    ``(A) advise the alien of the privilege of 
                being represented by counsel and of the 
                consequences, under paragraph (6), of knowingly 
                filing a frivolous application for asylum; and
                    ``(B) provide the alien a list of persons 
                (updated not less often than quarterly) who 
                have indicated their availability to represent 
                aliens in asylum proceedings on a pro bono 
                basis.
            ``(5) Consideration of asylum applications.--
                    ``(A) Procedures.--The procedure 
                established under paragraph (1) shall provide 
                that--
                            ``(i) asylum cannot be granted 
                        until the identity of the applicant has 
                        been checked against all appropriate 
                        records or databases maintained by the 
                        Attorney General and by the Secretary 
                        of State, including the Automated Visa 
                        Lookout System, to determine any 
                        grounds on which the alien may be 
                        inadmissible to or deportable from the 
                        United States, or ineligible to apply 
                        for or be granted asylum;
                            ``(ii) in the absence of 
                        exceptional circumstances, the initial 
                        interview or hearing on the asylum 
                        application shall commence not later 
                        than 45 days after the date an 
                        application is filed;
                            ``(iii) in the absence of 
                        exceptional circumstances, final 
                        administrative adjudication of the 
                        asylum application, not including 
                        administrative appeal, shall be 
                        completed within 180 days after the 
                        date an application is filed;
                            ``(iv) any administrative appeal 
                        shall be filed within 30 days of a 
                        decision granting or denying asylum, or 
                        within 30 days of the completion of 
                        removal proceedings before an 
                        immigration judge under section 240, 
                        whichever is later; and
                            ``(v) in the case of an applicant 
                        for asylum who fails without prior 
                        authorization or in the absence of 
                        exceptional circumstances to appear for 
                        an interview or hearing, including a 
                        hearing under section 240, the 
                        application may be dismissed or the 
                        applicant may be otherwise sanctioned 
                        for such failure.
                    ``(B) Additional regulatory conditions.--
                The Attorney General may provide by regulation 
                for any other conditions or limitations on the 
                consideration of an application for asylum not 
                inconsistent with this Act.
            ``(6) Frivolous applications.--If the Attorney 
        General determines that an alien has knowingly made a 
        frivolous application for asylum and the alien has 
        received the notice under paragraph (4)(A), the alien 
        shall be permanently ineligible for any benefits under 
        this Act, effective as of the date of a final 
        determination on such application.
            ``(7) No private right of action.--Nothing in this 
        subsection shall be construed to create any substantive 
        or procedural right or benefit that is legally 
        enforceable by any party against the United States or 
        its agencies or officers or any other person.''.
    (b) Conforming and Clerical Amendments.--
            (1) The item in the table of contents relating to 
        section 208 is amended to read as follows:

``Sec. 208. Asylum.''.

            (2) Section 104(d)(1)(A) of the Immigration Act of 
        1990 (Public Law 101-649) is amended by striking 
        ``208(b)'' and inserting ``208''.
    (c) Effective Date.--The amendment made by subsection (a) 
shall apply to applications for asylum filed on or after the 
first day of the first month beginning more than 180 days after 
the date of the enactment of this Act.

SEC. 605. INCREASE IN ASYLUM OFFICERS.

    Subject to the availability of appropriations, the Attorney 
General shall provide for an increase in the number of asylum 
officers to at least 600 asylum officers by fiscal year 1997.

SEC. 606. CONDITIONAL REPEAL OF CUBAN ADJUSTMENT ACT.

    (a) In General.--Public Law 89-732 is repealed effective 
only upon a determination by the President under section 
203(c)(3) of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (Public Law 104-114) that a 
democratically elected government in Cuba is in power.
    (b) Limitation.--Subsection (a) shall not apply to aliens 
for whom an application for adjustment of status is pending on 
such effective date.

Subtitle B--Miscellaneous Amendments to the Immigration and Nationality 
                                  Act

SEC. 621. ALIEN WITNESS COOPERATION.

    Section 214(j)(1) (8 U.S.C. 1184(j)(1)) (as added by 
section 130003(b)(2) of the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 2025)) 
(relating to numerical limitations on the number of aliens who 
may be provided a visa as nonimmigrants under section 
101(a)(15)(S)) is amended--
            (1) by striking ``100.'' and inserting ``200.''; 
        and
            (2) by striking ``25.'' and inserting ``50.''.

SEC. 622. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT 
                    TO INTERNATIONAL MEDICAL GRADUATES.

    (a) Extension of Waiver Program.--Section 220(c) of the 
Immigration and Nationality Technical Corrections Act of 1994 
(8 U.S.C. 1182 note) is amended by striking ``1996.'' and 
inserting ``2002.''.
    (b) Conditions on Federally Requested Waivers.--Section 
212(e) (8 U.S.C. 1182(e)) is amended by inserting after 
``except that in the case of a waiver requested by a State 
Department of Public Health, or its equivalent'' the following: 
``, or in the case of a waiver requested by an interested 
United States Government agency on behalf of an alien described 
in clause (iii),''.
    (c) Restrictions on Federally Requested Waivers.--Section 
214(k) (8 U.S.C. 1184(k)) (as added by section 220(b) of the 
Immigration and Nationality Technical Corrections Act of 1994 
(Public Law 103-416; 108 Stat. 4319)) is amended to read as 
follows:
    ``(k)(1) In the case of a request by an interested State 
agency, or by an interested Federal agency, for a waiver of the 
2-year foreign residence requirement under section 212(e) on 
behalf of an alien described in clause (iii) of such section, 
the Attorney General shall not grant such waiver unless--
            ``(A) in the case of an alien who is otherwise 
        contractually obligated to return to a foreign country, 
        the government of such country furnishes the Director 
        of the United States Information Agency with a 
        statement in writing that it has no objection to such 
        waiver;
            ``(B) in the case of a request by an interested 
        State agency, the grant of such waiver would not cause 
        the number of waivers allotted for that State for that 
        fiscal year to exceed 20;
            ``(C) in the case of a request by an interested 
        Federal agency or by an interested State agency--
                    ``(i) the alien demonstrates a bona fide 
                offer of full-time employment at a health 
                facility or health care organization, which 
                employment has been determined by the Attorney 
                General to be in the public interest; and
                    ``(ii) the alien agrees to begin employment 
                with the health facility or health care 
                organization within 90 days of receiving such 
                waiver, and agrees to continue to work for a 
                total of not less than 3 years (unless the 
                Attorney General determines that extenuating 
                circumstances exist, such as closure of the 
                facility or hardship to the alien, which would 
                justify a lesser period of employment at such 
                health facility or health care organization, in 
                which case the alien must demonstrate another 
                bona fide offer of employment at a health 
                facility or health care organization for the 
                remainder of such 3-year period); and
            ``(D) in the case of a request by an interested 
        Federal agency (other than a request by an interested 
        Federal agency to employ the alien full-time in medical 
        research or training) or by an interested State agency, 
        the alien agrees to practice medicine in accordance 
        with paragraph (2) for a total of not less than 3 years 
        only in the geographic area or areas which are 
        designated by the Secretary of Health and Human 
        Services as having a shortage of health care 
        professionals.
    ``(2)(A) Notwithstanding section 248(2), the Attorney 
General may change the status of an alien who qualifies under 
this subsection and section 212(e) to that of an alien 
described in section 101(a)(15)(H)(i)(b).
    ``(B) No person who has obtained a change of status under 
subparagraph (A) and who has failed to fulfill the terms of the 
contract with the health facility or health care organization 
named in the waiver application shall be eligible to apply for 
an immigrant visa, for permanent residence, or for any other 
change of nonimmigrant status, until it is established that 
such person has resided and been physically present in the 
country of his nationality or his last residence for an 
aggregate of at least 2 years following departure from the 
United States.
    ``(3) Notwithstanding any other provision of this 
subsection, the 2-year foreign residence requirement under 
section 212(e) shall apply with respect to an alien described 
in clause (iii) of such section, who has not otherwise been 
accorded status under section 101(a)(27)(H), if--
            ``(A) at any time the alien ceases to comply with 
        any agreement entered into under subparagraph (C) or 
        (D) of paragraph (1); or
            ``(B) the alien's employment ceases to benefit the 
        public interest at any time during the 3-year period 
        described in paragraph (1)(C).''.

SEC. 623. USE OF LEGALIZATION AND SPECIAL AGRICULTURAL WORKER 
                    INFORMATION.

    (a) Confidentiality of Information.--Section 245A(c)(5) (8 
U.S.C. 1255a(c)(5)) is amended to read as follows:
            ``(5) Confidentiality of information.--
                    ``(A) In general.--Except as provided in 
                this paragraph, neither the Attorney General, 
                nor any other official or employee of the 
                Department of Justice, or bureau or agency 
                thereof, may--
                            ``(i) use the information furnished 
                        by the applicant pursuant to an 
                        application filed under this section 
                        for any purpose other than to make a 
                        determination on the application, for 
                        enforcement of paragraph (6), or for 
                        the preparation of reports to Congress 
                        under section 404 of the Immigration 
                        Reform and Control Act of 1986;
                            ``(ii) make any publication whereby 
                        the information furnished by any 
                        particular applicant can be identified; 
                        or
                            ``(iii) permit anyone other than 
                        the sworn officers and employees of the 
                        Department or bureau or agency or, with 
                        respect to applications filed with a 
                        designated entity, that designated 
                        entity, to examine individual 
                        applications.
                    ``(B) Required disclosures.--The Attorney 
                General shall provide the information furnished 
                under this section, and any other information 
                derived from such furnished information, to a 
                duly recognized law enforcement entity in 
                connection with a criminal investigation or 
                prosecution, when such information is requested 
                in writing by such entity, or to an official 
                coroner for purposes of affirmatively 
                identifying a deceased individual (whether or 
                not such individual is deceased as a result of 
                a crime).
                    ``(C) Authorized disclosures.--The Attorney 
                General may provide, in the Attorney General's 
                discretion, for the furnishing of information 
                furnished under this section in the same manner 
                and circumstances as census information may be 
                disclosed by the Secretary of Commerce under 
                section 8 of title 13, United States Code.
                    ``(D) Construction.--
                            ``(i) In general.--Nothing in this 
                        paragraph shall be construed to limit 
                        the use, or release, for immigration 
                        enforcement purposes or law enforcement 
                        purposes of information contained in 
                        files or records of the Service 
                        pertaining to an application filed 
                        under this section, other than 
                        information furnished by an applicant 
                        pursuant to the application, or any 
                        other information derived from the 
                        application, that is not available from 
                        any other source.
                            ``(ii) Criminal convictions.--
                        Information concerning whether the 
                        applicant has at any time been 
                        convicted of a crime may be used or 
                        released for immigration enforcement or 
                        law enforcement purposes.
                    ``(E) Crime.--Whoever knowingly uses, 
                publishes, or permits information to be 
                examined in violation of this paragraph shall 
                be fined not more than $10,000.''.
    (b) Special Agricultural Workers.--Section 210(b)(6) (8 
U.S.C. 1160(b)(6)) is amended to read as follows:
            ``(6) Confidentiality of information.--
                    ``(A) In general.--Except as provided in 
                this paragraph, neither the Attorney General, 
                nor any other official or employee of the 
                Department of Justice, or bureau or agency 
                thereof, may--
                            ``(i) use the information furnished 
                        by the applicant pursuant to an 
                        application filed under this section 
                        for any purpose other than to make a 
                        determination on the application, 
                        including a determination under 
                        subsection (a)(3)(B), or for 
                        enforcement of paragraph (7);
                            ``(ii) make any publication whereby 
                        the information furnished by any 
                        particular individual can be 
                        identified; or
                            ``(iii) permit anyone other than 
                        the sworn officers and employees of the 
                        Department or bureau or agency or, with 
                        respect to applications filed with a 
                        designated entity, that designated 
                        entity, to examine individual 
                        applications.
                    ``(B) Required disclosures.--The Attorney 
                General shall provide information furnished 
                under this section, and any other information 
                derived from such furnished information, to a 
                duly recognized law enforcement entity in 
                connection with a criminal investigation or 
                prosecution, when such information is requested 
                in writing by such entity, or to an official 
                coroner for purposes of affirmatively 
                identifying a deceased individual (whether or 
                not such individual is deceased as a result of 
                a crime).
                    ``(C) Construction.--
                            ``(i) In general.--Nothing in this 
                        paragraph shall be construed to limit 
                        the use, or release, for immigration 
                        enforcement purposes or law enforcement 
                        purposes of information contained in 
                        files or records of the Service 
                        pertaining to an application filed 
                        under this section, other than 
                        information furnished by an applicant 
                        pursuant to the application, or any 
                        other information derived from the 
                        application, that is not available from 
                        any other source.
                            ``(ii) Criminal convictions.--
                        Information concerning whether the 
                        applicant has at any time been 
                        convicted of a crime may be used or 
                        released for immigration enforcement or 
                        law enforcement purposes.
                    ``(D) Crime.--Whoever knowingly uses, 
                publishes, or permits information to be 
                examined in violation of this paragraph shall 
                be fined not more than $10,000.''.

SEC. 624. CONTINUED VALIDITY OF LABOR CERTIFICATIONS AND CLASSIFICATION 
                    PETITIONS FOR PROFESSIONAL ATHLETES.

    (a) Labor Certification.--Section 212(a)(5)(A) (8 U.S.C. 
1182(a)(5)(A)) is amended by adding at the end the following:
                            ``(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.''.
    (b) Classification Petitions.--Section 204 (8 U.S.C. 1154) 
is amended by adding at the end the following:
    ``(i) Professional Athletes.--
            ``(1) In general.--A petition under subsection 
        (a)(4)(D) for classification of a professional athlete 
        shall remain valid for the athlete after the athlete 
        changes employers, if the new employer is a team in the 
        same sport as the team which was the employer who filed 
        the petition.
            ``(2) Definition.--For purposes of paragraph (1), 
        the term `professional athlete' means an individual who 
        is employed as an athlete by--
                    ``(A) 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
                    ``(B) any minor league team that is 
                affiliated with such an association.''.

SEC. 625. FOREIGN STUDENTS.

    (a) Limitations.--
            (1) In general.--Section 214 (8 U.S.C. 1184) is 
        amended by adding at the end the following new 
        subsection:
    ``(l)(1) An alien may not be accorded status as a 
nonimmigrant under section 101(a)(15)(F)(i) in order to pursue 
a course of study--
            ``(A) at a public elementary school or in a 
        publicly funded adult education program; or
            ``(B) at a public secondary school unless--
                    ``(i) the aggregate period of such status 
                at such a school does not exceed 12 months with 
                respect to any alien, and (ii) the alien 
                demonstrates that the alien has reimbursed the 
                local educational agency that administers the 
                school for the full, unsubsidized per capita 
                cost of providing education at such school for 
                the period of the alien's attendance.
    ``(2) An alien who obtains the status of a nonimmigrant 
under section 101(a)(15)(F)(i) in order to pursue a course of 
study at a private elementary or secondary school or in a 
language training program that is not publicly funded shall be 
considered to have violated such status, and the alien's visa 
under section 101(a)(15)(F) shall be void, if the alien 
terminates or abandons such course of study at such a school 
and undertakes a course of study at a public elementary school, 
in a publicly funded adult education program, in a publicly 
funded adult education language training program, or at a 
public secondary school (unless the requirements of paragraph 
(1)(B) are met).''.
            (2) Conforming amendment.--Section 101(a)(15)(F) (8 
        U.S.C. 1101(a)(15)(F)) is amended by inserting 
        ``consistent with section 214(l)'' after ``such a 
        course of study''.
    (b) Reference to New Ground of Exclusion for Student Visa 
Abusers.--For addition of ground of inadmissibility for certain 
nonimmigrant student abusers, see section 347.
    (c) Effective Date.--The amendments made by subsection (a) 
shall apply to individuals who obtain the status of a 
nonimmigrant under section 101(a)(15)(F) of the Immigration and 
Nationality Act after the end of the 60-day period beginning on 
the date of the enactment of this Act, including aliens whose 
status as such a nonimmigrant is extended after the end of such 
period.

SEC. 626. SERVICES TO FAMILY MEMBERS OF CERTAIN OFFICERS AND AGENTS 
                    KILLED IN THE LINE OF DUTY.

    (a) In General.--Title II, as amended by section 205(a), is 
amended by adding at the end the following new section:


 ``transportation of remains of immigration officers and border patrol 
                   agents killed in the line of duty


    ``Sec. 295. (a) In General.--To the extent provided in 
appropriation Acts, when an immigration officer or border 
patrol agent is killed in the line of duty, the Attorney 
General may pay from appropriations available for the activity 
in which the officer or agent was engaged--
            ``(1) the actual and necessary expenses of 
        transportation of the remains of the officer or agent 
        to a place of burial located in any State, American 
        Samoa, the Commonwealth of the Northern Mariana 
        Islands, the Republic of the Marshall Islands, the 
        Federated States of Micronesia, or the Republic of 
        Palau;
            ``(2) travel expenses, including per diem in lieu 
        of subsistence, of the decedent's spouse and minor 
        children to and from such site at rates not greater 
        than those established for official government travel 
        under subchapter I of chapter 57 of title 5, United 
        States Code; and
            ``(3) any other memorial service authorized by the 
        Attorney General.
    ``(b) Prepayment.--The Attorney General may prepay any 
expense authorized to be paid under this section.''.
    (b) Clerical Amendment.--The table of contents, as amended 
by section 205(b), is amended by inserting after the item 
relating to section 294 the following new item:

``Sec. 295.  Transportation of remains of immigration officers and 
          border patrol agents killed in the line of duty.''.

    Subtitle C--Provisions Relating to Visa Processing and Consular 
                               Efficiency

SEC. 631. VALIDITY OF PERIOD OF VISAS.

    (a) Extension of Validity of Immigrant Visas to 6 Months.--
Section 221(c) (8 U.S.C. 1201(c)) is amended by striking ``four 
months'' and inserting ``six months''.
    (b) Authorizing Application of Reciprocity Rule for 
Nonimmigrant Visa in Case of Refugees and Permanent 
Residents.--Such section is further amended by inserting before 
the period at the end of the third sentence the following: ``; 
except that in the case of aliens who are nationals of a 
foreign country and who either are granted refugee status and 
firmly resettled in another foreign country or are granted 
permanent residence and residing in another foreign country, 
the Secretary of State may prescribe the period of validity of 
such a visa based upon the treatment granted by that other 
foreign country to alien refugees and permanent residents, 
respectively, in the United States''.

SEC. 632. ELIMINATION OF CONSULATE SHOPPING FOR VISA OVERSTAYS.

    (a) In General.--Section 222 (8 U.S.C. 1202) is amended by 
adding at the end the following:
    ``(g)(1) In the case of an alien who has been admitted on 
the basis of a nonimmigrant visa and remained in the United 
States beyond the period of stay authorized by the Attorney 
General, such visa shall be void beginning after the conclusion 
of such period of stay.
    ``(2) An alien described in paragraph (1) shall be 
ineligible to be readmitted to the United States as a 
nonimmigrant, except--
            ``(A) on the basis of a visa (other than the visa 
        described in paragraph (1)) issued in a consular office 
        located in the country of the alien's nationality (or, 
        if there is no office in such country, in such other 
        consular office as the Secretary of State shall 
        specify); or
            ``(B) where extraordinary circumstances are found 
        by the Secretary of State to exist.''.
    (b) Applicability.--
            (1) Visas.--Section 222(g)(1) of the Immigration 
        and Nationality Act, as added by subsection (a), shall 
        apply to a visa issued before, on, or after the date of 
        the enactment of this Act.
            (2) Aliens seeking readmission.--Section 222(g)(2) 
        of the Immigration and Nationality Act, as added by 
        subsection (a), shall apply to any alien applying for 
        readmission to the United States after the date of the 
        enactment of this Act, except an alien applying for 
        readmission on the basis on a visa that--
                    (A) was issued before such date; and
                    (B) is not void through the application of 
                section 222(g)(1) of the Immigration and 
                Nationality Act, as added by subsection (a).

SEC. 633. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.

    Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amended--
            (1) by inserting ``(A)'' after 
        ``Nondiscrimination.--''; and
            (2) by adding at the end the following:
            ``(B) Nothing in this paragraph shall be construed 
        to limit the authority of the Secretary of State to 
        determine the procedures for the processing of 
        immigrant visa applications or the locations where such 
        applications will be processed.''.

SEC. 634. CHANGES REGARDING VISA APPLICATION PROCESS.

    (a) Nonimmigrant Applications.--Section 222(c) (8 U.S.C. 
1202(c)) is amended--
            (1) by striking ``personal description'' through 
        ``marks of identification);'';
            (2) by striking ``applicant'' and inserting 
        ``applicant, the determination of his eligibility for a 
        nonimmigrant visa,''; and
            (3) by adding at the end the following: ``At the 
        discretion of the Secretary of State, application forms 
        for the various classes of nonimmigrant admissions 
        described in section 101(a)(15) may vary according to 
        the class of visa being requested.''.
    (b) Disposition of Applications.--Section 222(e) (8 U.S.C. 
1202(e)) is amended--
            (1) in the first sentence, by striking ``required 
        by this section'' and inserting ``for an immigrant 
        visa''; and
            (2) in the fourth sentence--
                    (A) by striking ``stamp'' and inserting 
                ``stamp, or other'';
                    (B) by striking ``by the consular 
                officer''.

SEC. 635. VISA WAIVER PROGRAM.

    (a) Elimination of Joint Action Requirement.--Section 217 
(8 U.S.C. 1187) is amended--
            (1) in subsection (a), by striking ``Attorney 
        General and the Secretary of State, acting jointly'' 
        and inserting ``Attorney General, in consultation with 
        the Secretary of State'';
            (2) in subsection (c)(1), by striking ``Attorney 
        General and the Secretary of State acting jointly'' and 
        inserting ``Attorney General, in consultation with the 
        Secretary of State,''; and
            (3) in subsection (d), by striking ``Attorney 
        General and the Secretary of State, acting jointly,'' 
        and inserting ``Attorney General, in consultation with 
        the Secretary of State,''.
    (b) Extension of Program.--Section 217(f) (8 U.S.C. 
1187(f)) is amended by striking ``1996'' and inserting 
``1997.''.
    (c) Duration and Termination of Designation of Pilot 
Program Countries.--
            (1) In general.--Section 217(g) (8 U.S.C. 1187(g)) 
        is amended to read as follows:
    ``(g) Duration and Termination of Designation.--
            ``(1) In general.--
                    ``(A) Determination and notification of 
                disqualification rate.--Upon determination by 
                the Attorney General that a pilot program 
                country's disqualification rate is 2 percent or 
                more, the Attorney General shall notify the 
                Secretary of State.
                    ``(B) Probationary status.--If the program 
                country's disqualification rate is greater than 
                2 percent but less than 3.5 percent, the 
                Attorney General shall place the program 
                country in probationary status for a period not 
                to exceed 2 full fiscal years following the 
                year in which the determination under 
                subparagraph (A) is made.
                    ``(C) Termination of designation.--Subject 
                to paragraph (3), if the program country's 
                disqualification rate is 3.5 percent or more, 
                the Attorney General shall terminate the 
                country's designation as a pilot program 
                country effective at the beginning of the 
                second fiscal year following the fiscal year in 
                which the determination under subparagraph (A) 
                is made.
            ``(2) Termination of probationary status.--
                    ``(A) In general.--If the Attorney General 
                determines at the end of the probationary 
                period described in paragraph (1)(B) that the 
                program country placed in probationary status 
                under such paragraph has failed to develop a 
                machine-readable passport program as required 
                by section (c)(2)(C), or has a disqualification 
                rate of 2 percent or more, the Attorney General 
                shall terminate the designation of the country 
                as a pilot program country. If the Attorney 
                General determines that the program country has 
                developed a machine-readable passport program 
                and has a disqualification rate of less than 2 
                percent, the Attorney General shall redesignate 
                the country as a pilot program country.
                    ``(B) Effective date.--A termination of the 
                designation of a country under subparagraph (A) 
                shall take
effect on the first day of the first fiscal year following the 
fiscal year in which the determination under such subparagraph 
is made. Until such date, nationals of the country shall remain 
eligible for a waiver under subsection (a).
            ``(3) Nonapplicability of certain provisions.--
        Paragraph (1)(C) shall not apply unless the total 
        number of nationals of a pilot program country 
        described in paragraph (4)(A) exceeds 100.
            ``(4) Definition.--For purposes of this subsection, 
        the term `disqualification rate' means the percentage 
        which--
                    ``(A) the total number of nationals of the 
                pilot program country who were--
                            ``(i) excluded from admission or 
                        withdrew their application for 
                        admission during the most recent fiscal 
                        year for which data are available; and
                            ``(ii) admitted as nonimmigrant 
                        visitors during such fiscal year and 
                        who violated the terms of such 
                        admission; bears to
                    ``(B) the total number of nationals of such 
                country who applied for admission as 
                nonimmigrant visitors during such fiscal 
                year.''.
            (2) Transition.--A country designated as a pilot 
        program country with probationary status under section 
        217(g) of the Immigration and Nationality Act (as in 
        effect on the day before the date of the enactment of 
        this Act) shall be considered to be designated as a 
        pilot program country on and after such date, subject 
        to placement in probationary status or termination of 
        such designation under such section (as amended by 
        paragraph (1)).
            (3) Conforming amendment.--Section 217(a)(2)(B) (8 
        U.S.C. 1187(a)(2)(B)) is amended by striking ``or is'' 
        through ``subsection (g).'' and inserting a period.

SEC. 636. FEE FOR DIVERSITY IMMIGRANT LOTTERY.

    The Secretary of State may establish a fee to be paid by 
each applicant for an immigrant visa described in section 
203(c) of the Immigration and Nationality Act. Such fee may be 
set at a level that will ensure recovery of the cost to the 
Department of State of allocating visas under such section, 
including the cost of processing all applications thereunder. 
All fees collected under this section shall be used for 
providing consular services. All fees collected under this 
section shall be deposited as an offsetting collection to any 
Department of State appropriation and shall remain available 
for obligations until expended. The provisions of the Act of 
August 18, 1856 (11 Stat. 58; 22 U.S.C. 4212-4214), concerning 
accounting for consular fees, shall not apply to fees collected 
under this section.

SEC. 637. ELIGIBILITY FOR VISAS FOR CERTAIN POLISH APPLICANTS FOR THE 
                    1995 DIVERSITY IMMIGRANT PROGRAM.

    (a) In General.--The Attorney General, in consultation with 
the Secretary of State, shall include among the aliens selected 
for diversity immigrant visas for fiscal year 1997 pursuant to 
section 203(c) of the Immigration and Nationality Act any alien 
who, on or before September 30, 1995--
            (1) was selected as a diversity immigrant under 
        such section for fiscal year 1995;
            (2) applied for adjustment of status to that of an 
        alien lawfully admitted for permanent residence 
        pursuant to section 245 of such Act during fiscal year 
        1995, and whose application, and any associated fees, 
        were accepted by the Attorney General, in accordance 
        with applicable regulations;
            (3) was not determined by the Attorney General to 
        be excludable under section 212 of such Act or 
        ineligible under section 203(c)(2) of such Act; and
            (4) did not become an alien lawfully admitted for 
        permanent residence during fiscal year 1995.
    (b) Priority.--The aliens selected under subsection (a) 
shall be considered to have been selected for diversity 
immigrant visas for fiscal year 1997 prior to any alien 
selected under any other provision of law.
    (c) Reduction of Immigrant Visa Number.--For purposes of 
applying the numerical limitations in sections 201 and 203(c) 
of the Immigration and Nationality Act, aliens selected under 
subsection (a) who are granted an immigrant visa shall be 
treated as aliens granted a visa under section 203(c) of such 
Act.

                      Subtitle D--Other Provisions

SEC. 641. PROGRAM TO COLLECT INFORMATION RELATING TO NONIMMIGRANT 
                    FOREIGN STUDENTS AND OTHER EXCHANGE PROGRAM 
                    PARTICIPANTS.

    (a) In General.--
            (1) Program.--The Attorney General, in consultation 
        with the Secretary of State and the Secretary of 
        Education, shall develop and conduct a program to 
        collect from approved institutions of higher education 
        and designated exchange visitor programs in the United 
        States the information described in subsection (c) with 
        respect to aliens who--
                    (A) have the status, or are applying for 
                the status, of nonimmigrants under subparagraph 
                (F), (J), or (M) of section 101(a)(15) of the 
                Immigration and Nationality Act; and
                    (B) are nationals of the countries 
                designated under subsection (b).
            (2) Deadline.--The program shall commence not later 
        than January 1, 1998.
    (b) Covered Countries.--The Attorney General, in 
consultation with the Secretary of State, shall designate 
countries for purposes of subsection (a)(1)(B). The Attorney 
General shall initially designate not less than 5 countries and 
may designate additional countries at any time while the 
program is being conducted.
    (c) Information to be Collected.--
            (1) In general.--The information for collection 
        under subsection (a) with respect to an alien consists 
        of--
                    (A) the identity and current address in the 
                United States of the alien;
                    (B) the nonimmigrant classification of the 
                alien and the date on which a visa under the 
                classification was issued or extended or the 
                date on which a change to such classification 
                was approved by the Attorney General;
                    (C) in the case of a student at an approved 
                institution of higher education, the current 
                academic status of the alien, including whether 
                the alien is maintaining status as a full-time 
                student or, in the case of a participant in a 
                designated exchange visitor program, whether 
                the alien is satisfying the terms and 
                conditions of such program; and
                    (D) in the case of a student at an approved 
                institution of higher education, any 
                disciplinary action taken by the institution 
                against the alien as a result of the alien's 
                being convicted of a crime or, in the case of a 
                participant in a designated exchange visitor 
                program, any change in the alien's 
                participation as a result of the alien's being 
                convicted of a crime.
            (2) FERPA.--The Family Educational Rights and 
        Privacy Act of 1974 shall not apply to aliens described 
        in subsection (a) to the extent that the Attorney 
        General determines necessary to carry out the program 
        under subsection (a).
            (3) Electronic collection.--The information 
        described in paragraph (1) shall be collected 
        electronically, where practicable.
            (4) Computer software.--
                    (A) Collecting institutions.--To the extent 
                practicable, the Attorney General shall design 
                the program in a manner that permits approved 
                institutions of higher education and designated 
                exchange visitor programs to use existing 
                software for the collection, storage, and data 
                processing of information described in 
                paragraph (1).
                    (B) Attorney general.--To the extent 
                practicable, the Attorney General shall use or 
                enhance existing software for the collection, 
                storage, and data processing of information 
                described in paragraph (1).
    (d) Participation by Institutions of Higher Education and 
Exchange Visitor Programs.--
            (1) Condition.--The information described in 
        subsection (c) shall be provided by as a condition of--
            (A) in the case of an approved institution of 
        higher education, the continued approval of the 
        institution under subparagraph (F) or (M) of section 
        101(a)(15) of the Immigration and Nationality Act; and
            (B) in the case of an approved institution of 
        higher education or a designated exchange visitor 
        program, the granting of authority to issue documents 
        to an alien demonstrating the alien's eligibility for a 
        visa under subparagraph (F), (J), or (M) of section 
        101(a)(15) of such Act.
            (2) Effect of failure to provide information.--If 
        an approved institution of higher education or a 
        designated exchange visitor program fails to provide 
        the specified information, such approvals and such 
        issuance of visas shall be revoked or denied.
    (e) Funding.--
            (1) In general.--Beginning on April 1, 1997, an 
        approved institution of higher education and a 
        designated exchange visitor program shall impose on, 
        and collect from, each alien described in paragraph 
        (3), with respect to whom the institution or program is 
        required by subsection (a) to collect information, a 
        fee established by the Attorney General under paragraph 
        (4) at the time--
                    (A) when the alien first registers with the 
                institution or program after entering the 
                United States; or
                    (B) in a case where a registration under 
                subparagraph (A) does not exist, when the alien 
                first commences activities in the United States 
                with the institution or program.
            (2) Remittance.--An approved institution of higher 
        education and a designated exchange visitor program 
        shall remit the fees collected under paragraph (1) to 
        the Attorney General pursuant to a schedule established 
        by the Attorney General.
            (3) Aliens described.--An alien referred to in 
        paragraph (1) is an alien who has nonimmigrant status 
        under subparagraph (F), (J), or (M) of section 
        101(a)(15) of the Immigration and Nationality Act 
        (other than a nonimmigrant under section 101(a)(15)(J) 
        of such Act who has come to the United States as a 
        participant in a program sponsored by the Federal 
        Government).
            (4) Amount and use of fees.--
                    (A) Establishment of amount.--The Attorney 
                General shall establish the amount of the fee 
                to be imposed on, and collected from, an alien 
                under paragraph (1). Except as provided in 
                subsection (g)(2), the fee imposed on any 
                individual may not exceed $100. The amount of 
                the fee shall be based on the Attorney 
                General's estimate of the cost per alien of 
                conducting the information collection program 
                described in this section.
                    (B) Use.--Fees collected under paragraph 
                (1) shall be deposited as offsetting receipts 
                into the Immigration Examinations Fee Account 
                (established under section 286(m) of the 
                Immigration and Nationality Act) and shall 
                remain available until expended for the 
                Attorney General to reimburse any appropriation 
                the amount paid out of which is for expenses in 
                carrying out this section.
    (f) Joint Report.--Not later than 4 years after the 
commencement of the program established under subsection (a), 
the Attorney General, the Secretary of State, and the Secretary 
of Education shall jointly submit to the Committees on the 
Judiciary of the Senate and the House of Representatives a 
report on the operations of the program and the feasibility of 
expanding the program to cover the nationals of all countries.
    (g) Worldwide Applicability of the Program.--
            (1) Expansion of program.--
                    (A) In general.--Not later than 6 months 
                after the submission of the report required by 
                subsection (f), the Attorney General, in 
                consultation with the Secretary of State and 
                the Secretary of Education, shall commence 
                expansion of the program to cover the nationals 
                of all countries.
                    (B) Deadline.--Such expansion shall be 
                completed not later than 1 year after the date 
                of the submission of the report referred to in 
                subsection (f).
            (2) Revision of fee.--After the program has been 
        expanded, as provided in paragraph (1), the Attorney 
        General may, on a periodic basis, revise the amount of 
        the fee imposed and collected under subsection (e) in 
        order to take into account changes in the cost of 
        carrying out the program.
    (h) Definitions.--As used in this section:
            (1) Approved institution of higher education.--The 
        term ``approved institution of higher education'' means 
        a college or university approved by the Attorney 
        General, in consultation with the Secretary of 
        Education, under subparagraph (F), (J), or (M) of 
        section 101(a)(15) of the Immigration and Nationality 
        Act.
            (2) Designated exchange visitor program.--The term 
        ``designated exchange visitor program'' means a program 
        that has been--
                    (A) designated by the Director of the 
                United States Information Agency for purposes 
                of section 101(a)(15)(J) of the Immigration and 
                Nationality Act; and
                    (B) selected by the Attorney General for 
                purposes of the program under this section.

SEC. 642. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE IMMIGRATION 
                    AND NATURALIZATION SERVICE.

    (a) In General.--Notwithstanding any other provision of 
Federal, State, or local law, a Federal, State, or local 
government entity or official may not prohibit, or in any way 
restrict, any government entity or official from sending to, or 
receiving from, the Immigration and Naturalization Service 
information regarding the citizenship or immigration status, 
lawful or unlawful, of any individual.
    (b) Additional Authority of Government Entities.--
Notwithstanding any other provision of Federal, State, or local 
law, no person or agency may prohibit, or in any way restrict, 
a Federal, State, or local government entity from doing any of 
the following with respect to information regarding the 
immigration status, lawful or unlawful, of any individual:
            (1) Sending such information to, or requesting or 
        receiving such information from, the Immigration and 
        Naturalization Service.
            (2) Maintaining such information.
            (3) Exchanging such information with any other 
        Federal, State, or local government entity.
    (c) Obligation to Respond to Inquiries.--The Immigration 
and Naturalization Service shall respond to an inquiry by a 
Federal, State, or local government agency, seeking to verify 
or ascertain the citizenship or immigration status of any 
individual within the jurisdiction of the agency for any 
purpose authorized by law, by providing the requested 
verification or status information.

SEC. 643. REGULATIONS REGARDING HABITUAL RESIDENCE.

    Not later than 6 months after the date of the enactment of 
this Act, the Commissioner of Immigration and Naturalization 
shall issue regulations governing rights of ``habitual 
residence'' in the United States under the terms of the 
following:
            (1) The Compact of Free Association between the 
        Government of the United States and the Governments of 
        the Marshall Islands and the Federated States of 
        Micronesia (48 U.S.C. 1901 note).
            (2) The Compact of Free Association between the 
        Government of the United States and the Government of 
        Palau (48 U.S.C. 1931 note).

SEC. 644. INFORMATION REGARDING FEMALE GENITAL MUTILATION.

    (a) Provision of Information Regarding Female Genital 
Mutilation.--The Immigration and Naturalization Service (in 
cooperation with the Department of State) shall make available 
for all aliens who are issued immigrant or nonimmigrant visas, 
prior to or at the time of entry into the United States, the 
following information:
            (1) Information on the severe harm to physical and 
        psychological health caused by female genital 
        mutilation which is compiled and presented in a manner 
        which is limited to the practice itself and respectful 
        to the cultural values of the societies in which such 
        practice takes place.
            (2) Information concerning potential legal 
        consequences in the United States for (A) performing 
        female genital mutilation, or (B) allowing a child 
        under his or her care to be subjected to female genital 
        mutilation, under criminal or child protection statutes 
        or as a form of child abuse.
    (b) Limitation.--In consultation with the Secretary of 
State, the Commissioner of Immigration and Naturalization shall 
identify those countries in which female genital mutilation is 
commonly practiced and, to the extent practicable, limit the 
provision of information under subsection (a) to aliens from 
such countries.
    (c) Definition.--For purposes of this section, the term 
``female genital mutilation'' means the removal or infibulation 
(or both) of the whole or part of the clitoris, the labia 
minora, or labia majora.

SEC. 645. CRIMINALIZATION OF FEMALE GENITAL MUTILATION.

    (a) Findings.--The Congress finds that--
            (1) the practice of female genital mutilation is 
        carried out by members of certain cultural and 
        religious groups within the United States;
            (2) the practice of female genital mutilation often 
        results in the occurrence of physical and psychological 
        health effects that harm the women involved;
            (3) such mutilation infringes upon the guarantees 
        of rights secured by Federal and State law, both 
        statutory and constitutional;
            (4) the unique circumstances surrounding the 
        practice of female genital mutilation place it beyond 
        the ability of any single State or local jurisdiction 
        to control;
            (5) the practice of female genital mutilation can 
        be prohibited without abridging the exercise of any 
        rights guaranteed under the first amendment to the 
        Constitution or under any other law; and
            (6) Congress has the affirmative power under 
        section 8 of article I, the necessary and proper 
        clause, section 5 of the fourteenth amendment, as well 
        as under the treaty clause, to the Constitution to 
        enact such legislation.
    (b) Crime.--
            (1) In general.--Chapter 7 of title 18, United 
        States Code, is amended by adding at the end the 
        following:

``Sec. 116. Female genital mutilation

    ``(a) Except as provided in subsection (b), whoever 
knowingly circumcises, excises, or infibulates the whole or any 
part of the labia majora or labia minora or clitoris of another 
person who has not attained the age of 18 years shall be fined 
under this title or imprisoned not more than 5 years, or both.
    ``(b) A surgical operation is not a violation of this 
section if the operation is--
            ``(1) necessary to the health of the person on whom 
        it is performed, and is performed by a person licensed 
        in the place of its performance as a medical 
        practitioner; or
            ``(2) performed on a person in labor or who has 
        just given birth and is performed for medical purposes 
        connected with that labor or birth by a person licensed 
        in the place it is performed as a medical practitioner, 
        midwife, or person in training to become such a 
        practitioner or midwife.
    ``(c) In applying subsection (b)(1), no account shall be 
taken of the effect on the person on whom the operation is to 
be performed of any belief on the part of that person, or any 
other person, that the operation is required as a matter of 
custom or ritual.''.
            (2) Conforming amendment.--The table of sections at 
        the beginning of chapter 7 of title 18, United States 
        Code, is amended by adding at the end the following new 
        item:

``116. Female genital mutilation.''.

    (c) Effective Date.--The amendments made by subsection (b) 
shall take effect on the date that is 180 days after the date 
of the enactment of this Act.

SEC. 646. ADJUSTMENT OF STATUS FOR CERTAIN POLISH AND HUNGARIAN 
                    PAROLEES.

    (a) In General.--The Attorney General shall adjust the 
status of an alien described in subsection (b) to that of an 
alien lawfully admitted for permanent residence if the alien--
            (1) applies for such adjustment;
            (2) has been physically present in the United 
        States for at least 1 year and is physically present in 
        the United States on the date the application for such 
        adjustment is filed;
            (3) is admissible to the United States as an 
        immigrant, except as provided in subsection (c); and
            (4) pays a fee (determined by the Attorney General) 
        for the processing of such application.
    (b) Aliens Eligible for Adjustment of Status.--The benefits 
provided in subsection (a) shall only apply to an alien who--
            (1) was a national of Poland or Hungary; and
            (2) was inspected and granted parole into the 
        United States during the period beginning on November 
        1, 1989, and ending on December 31, 1991, after being 
        denied refugee status.
    (c) Waiver of Certain Grounds for Inadmissibility.--The 
provisions of paragraphs (4), (5), and (7)(A) of section 212(a) 
of the Immigration and Nationality Act shall not apply to 
adjustment of status under this section and the Attorney 
General may waive any other provision of such section (other 
than paragraph (2)(C) and subparagraphs (A), (B), (C), or (E) 
of paragraph (3)) with respect to such an adjustment for 
humanitarian purposes, to assure family unity, or when it is 
otherwise in the public interest.
    (d) Date of Approval.--Upon the approval of such an 
application for adjustment of status, the Attorney General 
shall create a record of the alien's admission as an alien 
lawfully admitted for permanent residence as of the date of the 
alien's inspection and parole described in subsection (b)(2).
    (e) No Offset in Number of Visas Available.--When an alien 
is granted the status of having been lawfully admitted for 
permanent residence under this section, the Secretary of State 
shall not be required to reduce the number of immigrant visas 
authorized to be issued under the Immigration and Nationality 
Act.

SEC. 647. SUPPORT OF DEMONSTRATION PROJECTS.

    (a) In General.--The Attorney General shall make available 
funds under this section, in each of fiscal years 1997 through 
2001, to the Commissioner of Immigration and Naturalization or 
to other public or private nonprofit entities to support 
demonstration projects under this section at 10 sites 
throughout the United States. Each such project shall be 
designed to provide for the administration of the oath of 
allegiance under section 337(a) of the Immigration and 
Nationality Act on a business day around Independence Day to 
approximately 500 people whose application for naturalization 
has been approved. Each project shall provide for appropriate 
outreach and ceremonial and celebratory activities.
    (b) Selection of Sites.--The Attorney General shall, in the 
Attorney General's discretion, select diverse locations for 
sites on the basis of the number of naturalization applicants 
living in proximity to each site and the degree of local 
community participation and support in the project to be held 
at the site. Not more than 2 sites may be located in the same 
State. The Attorney General shall consider changing the sites 
selected from year to year.
    (c) Amounts Available; Use of Funds.--
            (1) Amount.--The amount made available under this 
        section with respect to any single site for a year 
        shall not exceed $5,000.
            (2) Use.--Funds made available under this section 
        may be used only to cover expenses incurred in carrying 
        out oath administration ceremonies at the demonstration 
        sites under subsection (a), including expenses for--
                    (A) cost of personnel of the Immigration 
                and Naturalization Service (including travel 
                and overtime expenses);
                    (B) rental of space; and
                    (C) costs of printing appropriate brochures 
                and other information about the ceremonies.
            (3) Availability of funds.--Funds that are 
        otherwise available to the Immigration and 
        Naturalization Service to carry out naturalization 
        activities shall be available, to the extent provided 
        in appropriation Acts, to carry out this section.
    (d) Application.--In the case of an entity other than the 
Immigration and Naturalization Service seeking to conduct a 
demonstration project under this section, no amounts may be 
made available to the entity under this section unless an 
appropriate application has been made to, and approved by, the 
Attorney General, in a form and manner specified by the 
Attorney General.

SEC. 648. SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS; 
                    REQUIREMENTS REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent 
practicable, all equipment and products purchased with funds 
made available under this Act should be American-made.
    (b) Notice to Recipients of Grants.--In providing grants 
under this Act, the Attorney General, to the greatest extent 
practicable, shall provide to each recipient of a grant a 
notice describing the statement made in subsection (a) by the 
Congress.

SEC. 649. VESSEL MOVEMENT CONTROLS DURING IMMIGRATION EMERGENCY.

    Section 1 of the Act of June 15, 1917 (50 U.S.C. 191) is 
amended in the first sentence by inserting ``or whenever the 
Attorney General determines that an actual or anticipated mass 
migration of aliens en route to, or arriving off the coast of, 
the United States presents urgent circumstances requiring an 
immediate Federal response,'' after ``United States,'' the 
first place such term appears.

SEC. 650. REVIEW OF PRACTICES OF TESTING ENTITIES.

    (a) In General.--The Attorney General shall investigate, 
and submit a report to the Committees on the Judiciary of the 
House of Representatives and of the Senate regarding, the 
practices of entities authorized to administer standardized 
citizenship tests pursuant to section 312.3(a) of title 8, Code 
of Federal Regulations. The report shall include any findings 
of fraudulent practices by such entities.
    (b) Preliminary and Final Reports.--Not later than 90 days 
after the date of the enactment of this Act, the Attorney 
General shall submit to the Committees on the Judiciary of the 
House of Representatives and of the Senate a preliminary report 
on the investigation conducted under subsection (a). The 
Attorney General shall submit to such Committees a final report 
on such investigation not later than 275 days after the 
submission of the preliminary report.

SEC. 651. DESIGNATION OF A UNITED STATES CUSTOMS ADMINISTRATIVE 
                    BUILDING.

    (a) Designation.--The United States Customs Administrative 
Building at the Ysleta/Zaragosa Port of Entry located at 797 
South Zaragosa Road in El Paso, Texas, is designated as the 
``Timothy C. McCaghren Customs Administrative Building''.
    (b) Legal References.--Any reference in any law, 
regulation, document, record, map, or other paper of the United 
States to the building referred to in subsection (a) is deemed 
to be a reference to the ``Timothy C. McCaghren Customs 
Administrative Building''.

SEC. 652. MAIL-ORDER BRIDE BUSINESS.

    (a) Findings.--The Congress finds as follows:
            (1) There is a substantial ``mail-order bride'' 
        business in the United States. With approximately 200 
        companies in the United States, an estimated 2,000 to 
        3,500 men in the United States find wives through mail-
        order bride catalogs each year. However, there are no 
        official statistics available on the number of mail-
        order brides entering the United States each year.
            (2) The companies engaged in the mail-order bride 
        business earn substantial profits.
            (3) Although many of these mail-order marriages 
        work out, in many other cases, anecdotal evidence 
        suggests that mail-order brides find themselves in 
        abusive relationships. There is also evidence to 
        suggest that a substantial number of mail-order 
        marriages are fraudulent under United States law.
            (4) Many mail-order brides come to the United 
        States unaware or ignorant of United States immigration 
        law. Mail-order brides who are battered often think 
        that if they flee an abusive marriage, they will be 
        deported. Often the citizen spouse threatens to have 
        them deported if they report the abuse.
            (5) The Immigration and Naturalization Service 
        estimates that the rate of marriage fraud between 
        foreign nationals and United States citizens or aliens 
        lawfully admitted for permanent residence is 8 percent. 
        It is unclear what percentage of these marriage fraud 
        cases originate as mail-order marriages.
    (b) Information Dissemination.--
            (1) Requirement.--Each international matchmaking 
        organization doing business in the United States shall 
        disseminate to recruits, upon recruitment, such 
        immigration and naturalization information as the 
        Immigration and Naturalization Service deems 
        appropriate, in the recruit's native language, 
        including information regarding conditional permanent 
        residence status and the battered spouse waiver under 
        such status, permanent resident status, marriage fraud 
        penalties, the unregulated nature of the business 
        engaged in by such organizations, and the study 
        required under subsection (c).
            (2) Civil penalty.--
                    (A) Violation.--Any international 
                matchmaking organization that the Attorney 
                General determines has violated subsection (b) 
                shall be subject, in addition to any other 
                penalties that may be prescribed by law, to a 
                civil money penalty of not more than $20,000 
                for each such violation.
                    (B) Procedures for imposition of penalty.--
                Any penalty under subparagraph (A) may be 
                imposed only after notice and opportunity for 
                an agency hearing on the record in accordance 
                with sections 554 through 557 of title 5, 
                United States Code.
    (c) Study.--The Attorney General, in consultation with the 
Commissioner of Immigration and Naturalization and the Director 
of the Violence Against Women Initiative of the Department of 
Justice, shall conduct a study of mail-order marriages to 
determine, among other things--
            (1) the number of such marriages;
            (2) the extent of marriage fraud in such marriages, 
        including an estimate of the extent of marriage fraud 
        arising from the services provided by international 
        matchmaking organizations;
            (3) the extent to which mail-order spouses utilize 
        section 244(a)(3) of the Immigration and Nationality 
        Act (providing for suspension of deportation in certain 
        cases involving abuse), or section 204(a)(1)(A)(iii) of 
        such Act (providing for certain aliens who have been 
        abused to file a classification petition on their own 
        behalf);
            (4) the extent of domestic abuse in mail-order 
        marriages; and
            (5) the need for continued or expanded regulation 
        and education to implement the objectives of the 
        Violence Against Women Act of 1994 and the Immigration 
        Marriage Fraud Amendments of 1986 with respect to mail-
        order marriages.
    (d) Report.--Not later than 1 year 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 of the Senate setting forth the results of 
the study conducted under subsection (c).
    (e) Definitions.--As used in this section:
            (1) International matchmaking organization.--
                    (A) In general.--The term ``international 
                matchmaking organization'' means a corporation, 
                partnership, business, or other legal entity, 
                whether or not organized under the laws of the 
                United States or any State, that does business 
                in the United States and for profit offers to 
                United States citizens or aliens lawfully 
                admitted for permanent residence, dating, 
                matrimonial, or social referral services to 
                nonresident noncitizens, by--
                            (i) an exchange of names, telephone 
                        numbers, addresses, or statistics;
                            (ii) selection of photographs; or
                            (iii) a social environment provided 
                        by the organization in a country other 
                        than the United States.
                    (B) Exception.--Such term does not include 
                a traditional matchmaking organization of a 
                religious nature that otherwise operates in 
                compliance with the laws of the countries of 
                the recruits of such organization and the laws 
                of the United States.
            (2) Recruit.--The term ``recruit'' means a 
        noncitizen, nonresident person, recruited by the 
        international matchmaking organization for the purpose 
        of providing dating, matrimonial, or social referral 
        services to United States citizens or aliens lawfully 
        admitted for permanent residence.

SEC. 653. REVIEW AND REPORT ON H-2A NONIMMIGRANT WORKERS PROGRAM.

    (a) Sense of the Congress.--It is the sense of the Congress 
that the H2-A nonimmigrant worker program should be reviewed 
and may need improvement in order to meet the need of producers 
of labor-intensive agricultural commodities and livestock in 
the United States for an adequate workforce.
    (b) Review.--The Comptroller General shall review the 
effectiveness of the H-2A nonimmigrant worker program to ensure 
that the program provides a sufficient supply of agricultural 
labor in the event of future shortages of domestic workers 
after the enactment of this Act. Among other things, the 
Comptroller General shall review the H-2A nonimmigrant worker 
program to determine--
            (1) whether the program ensures that an adequate 
        supply of qualified United States workers is available 
        at the time and place needed for employers seeking such 
        workers after the date of enactment of this Act;
            (2) whether the program ensures that there is 
        timely approval of applications for temporary foreign 
        workers under the program in the event of shortages of 
        United States workers after the date of the enactment 
        of this Act;
            (3) whether the program ensures that implementation 
        of the program is not displacing United States 
        agricultural workers or diminishing the terms and 
        conditions of employment of United States agricultural 
        workers;
            (4) if, and to what extent, the program is 
        contributing to the problem of illegal immigration; and
            (5) that the program adequately meets the needs of 
        agricultural employers for all types of temporary 
        foreign agricultural workers, including higher-skilled 
        workers in occupations which require a level of 
        specific vocational preparation of 4 or higher (as 
        described in the 4th edition of the Dictionary of 
        Occupational Title, published by the Department of 
        Labor).
    (c) Report.--Not later than December 31, 1996, or 3 months 
after the date of the enactment of this Act, whichever occurs 
earlier, the Comptroller General shall submit a report to the 
appropriate committees of the Congress setting forth the 
conclusions of the Comptroller General from the review 
conducted under subsection (b).
    (d) Definitions.--As used in this section:
            (1) The term ``Comptroller General'' means the 
        Comptroller General of the United States.
            (2) The term ``H-2A nonimmigrant worker program'' 
        means the program for the admission of nonimmigrant 
        aliens described in section 101(a)(15)(H)(ii)(a) of the 
        Immigration and Nationality Act.

SEC. 654. REPORT ON ALLEGATIONS OF HARASSMENT BY CANADIAN CUSTOMS 
                    AGENTS.

    (a) Study and Review.--
            (1) In general.--Not later than 30 days after the 
        date of the enactment of this Act, the Commissioner of 
        the United States Customs Service shall initiate a 
        study of harassment by Canadian customs agents 
        allegedly undertaken for the purpose of deterring 
        cross-border commercial activity along the United 
        States-New Brunswick border. Such study shall include a 
        review of the possible connection between any incidents 
        of harassment and the discriminatory imposition of the 
        New Brunswick provincial sales tax on goods purchased 
        in the United States by New Brunswick residents, and 
        with any other actions taken by the Canadian provincial 
        governments to deter cross-border commercial 
        activities.
            (2) Consultation.--In conducting the study under 
        paragraph (1), the Commissioner of the United States 
        Customs Service shall consult with representatives of 
        the State of Maine, local governments, local 
        businesses, and any other knowledgeable persons who the 
        Commissioner considers to be important to the 
        completion of the study.
    (b) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Commissioner of the United States 
Customs Service shall submit to the Committees on the Judiciary 
of the House of Representatives and of the Senate a report on 
the study and review conducted under subsection (a). The report 
shall include recommendations for steps that the United States 
Government can take to help end any harassment by Canadian 
customs agents that is found to have occurred.

SEC. 655. SENSE OF CONGRESS ON DISCRIMINATORY APPLICATION OF NEW 
                    BRUNSWICK PROVINCIAL SALES TAX.

    (a) Findings.--The Congress finds as follows:
            (1) In July 1993, Canadian customs officers began 
        collecting an 11 percent New Brunswick provincial sales 
        tax on goods purchased in the United States by New 
        Brunswick residents, an action that has caused severe 
        economic harm to United States businesses located in 
        proximity to the border with New Brunswick.
            (2) This impediment to cross-border trade compounds 
        the damage already done from the Canadian Government's 
        imposition of a 7 percent tax on all goods bought by 
        Canadians in the United States.
            (3) Collection of the New Brunswick provincial 
        sales tax on goods purchased outside of New Brunswick 
        is effected only along the United States-Canadian 
        border, not along New Brunswick's borders with other 
        Canadian provinces; the tax is thus being administered 
        by Canadian authorities in a manner uniquely 
        discriminatory to Canadians shopping in the United 
        States.
            (4) In February 1994, the United States Trade 
        Representative publicly stated an intention to seek 
        redress from the discriminatory application of the New 
        Brunswick provincial sales tax under the dispute 
        resolution process in chapter 20 of the North American 
        Free Trade Agreement (NAFTA), but the United States 
        Government has still not made such a claim under NAFTA 
        procedures.
            (5) Initially, the United States Trade 
        Representative argued that filing a New Brunswick 
        provincial sales tax claim was delayed only because the 
        dispute mechanism under NAFTA had not yet been 
        finalized, but more than a year after such mechanism 
        has been put in place, the claim has still not been put 
        forward by the United States Trade Representative.
    (b) Sense of Congress.--It is the sense of the Congress 
that--
            (1) the provincial sales tax levied by the Canadian 
        province of New Brunswick on Canadian citizens of that 
        province who purchase goods in the United States--
                    (A) raises questions about a possible 
                violation of the North American Free Trade 
                Agreement in the discriminatory application of 
                the tax to cross-border trade with the United 
                States; and
                    (B) damages good relations between the 
                United States and Canada; and
            (2) the United States Trade Representative should 
        move forward without further delay in seeking redress 
        under the dispute resolution process in chapter 20 of 
        the North American Free Trade Agreement for the 
        violation.

SEC. 656. IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS.

    (a) Birth Certificates.--
            (1) Standards for acceptance by Federal agencies.--
                    (A) In general.--
                            (i) General rule.--Subject to 
                        clause (ii), a Federal agency may not 
                        accept for any official purpose a 
                        certificate of birth, unless the 
                        certificate--
                                    (I) is a birth certificate 
                                (as defined in paragraph (3)); 
                                and
                                    (II) conforms to the 
                                standards set forth in the 
                                regulation promulgated under 
                                subparagraph (B).
                            (ii) Applicability.--Clause (i) 
                        shall apply only to a certificate of 
                        birth issued after the day that is 3 
                        years after the date of the 
                        promulgation of a final regulation 
                        under subparagraph (B). Clause (i) 
                        shall not be construed to prevent a 
                        Federal agency from accepting for 
                        official purposes any certificate of 
                        birth issued on or before such day.
                    (B) Regulation.--
                            (i) Consultation with government 
                        agencies.--The President shall select 1 
                        or more Federal agencies to consult 
                        with State vital statistics offices, 
                        and with other appropriate Federal 
                        agencies designated by the President, 
                        for the purpose of developing 
                        appropriate standards for birth 
                        certificates that may be accepted for 
                        official purposes by Federal agencies, 
                        as provided in subparagraph (A).
                            (ii) Selection of lead agency.--Of 
                        the Federal agencies selected under 
                        clause (i), the President shall select 
                        1 agency to promulgate, upon the 
                        conclusion of the consultation 
                        conducted under such clause, a 
                        regulation establishing standards of 
                        the type described in such clause.
                            (iii) Deadline.--The agency 
                        selected under clause (ii) shall 
                        promulgate a final regulation under 
                        such clause not later than the date 
                        that is 1 year after the date of the 
                        enactment of this Act.
                            (iv) Minimum requirements.--The 
                        standards established under this 
                        subparagraph--
                                    (I) at a minimum, shall 
                                require certification of the 
                                birth certificate by the State 
                                or local custodian of record 
                                that issued the certificate, 
                                and shall require the use of 
                                safety paper, the seal of the 
                                issuing custodian of record, 
                                and other features designed to 
                                limit tampering, 
                                counterfeiting, and 
                                photocopying, or otherwise 
                                duplicating, the birth 
                                certificate for fraudulent 
                                purposes;
                                    (II) may not require a 
                                single design to which birth 
                                certificates issued by all 
                                States must conform; and
                                    (III) shall accommodate the 
                                differences between the States 
                                in the manner and form in which 
                                birth records are stored and 
                                birth certificates are produced 
                                from such records.
            (2) Grants to states.--
                    (A) Assistance in meeting federal 
                standards.--
                            (i) In general.--Beginning on the 
                        date a final regulation is promulgated 
                        under paragraph (1)(B), the Secretary 
                        of Health and Human Services, acting 
                        through the Director of the National 
                        Center for Health Statistics and after 
                        consulting with the head of any other 
                        agency designated by the President, 
                        shall make grants to States to assist 
                        them in issuing birth certificates that 
                        conform to the standards set forth in 
                        the regulation.
                            (ii) Allocation of grants.--The 
                        Secretary shall provide grants to 
                        States under this subparagraph in 
                        proportion to the populations of the 
                        States applying to receive a grant and 
                        in an amount needed to provide a 
                        substantial incentive for States to 
                        issue birth certificates that conform 
                        to the standards described in clause 
                        (i).
                    (B) Assistance in matching birth and death 
                records.--
                            (i) In general.--The Secretary of 
                        Health and Human Services, acting 
                        through the Director of the National 
                        Center for Health Statistics and after 
                        consulting with the head of any other 
                        agency designated by the President, 
                        shall make grants to States to assist 
                        them in developing 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, a State that 
                        receives a grant under this 
                        subparagraph shall focus first on 
                        individuals born after 1950.
                            (ii) Allocation and amount of 
                        grants.--The Secretary shall provide 
                        grants to States under this 
                        subparagraph in proportion to the 
                        populations of the States applying to 
                        receive a grant and in an amount needed 
                        to provide a substantial incentive for 
                        States to develop the capability 
                        described in clause (i).
                    (C) Demonstration projects.--The Secretary 
                of Health and Human Services, acting through 
                the Director of the National Center for Health 
                Statistics, shall make grants to States for a 
                project in each of 5 States to demonstrate the 
                feasibility of a system under which persons 
                otherwise required to report the death of 
                individuals to a State would be required to 
                provide to the State's office of vital 
                statistics sufficient information to establish 
                the fact of death of every individual dying in 
                the State within 24 hours of acquiring the 
                information.
            (3) Birth Certificate.--As used in this subsection, 
        the term ``birth certificate'' means a certificate of 
        birth--
                    (A) of--
                            (i) an individual born in the 
                        United States; or
                            (ii) an individual born abroad--
                                    (I) who is a citizen or 
                                national of the United States 
                                at birth; and
                                    (II) whose birth is 
                                registered in the United 
                                States; and
                    (B) that--
                            (i) is a copy, issued by a State or 
                        local authorized custodian of record, 
                        of an original certificate of birth 
                        issued by such custodian of record; or
                            (ii) was issued by a State or local 
                        authorized custodian of record and was 
                        produced from birth records maintained 
                        by such custodian of record.
    (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.
                    (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 this Act.
            (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 this Act.
                    (B) Prohibition on federal agencies.--
                Subparagraphs (A) and (B) of paragraph (1) 
                shall take effect beginning on October 1, 2000, 
                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.
    (c) Report.--Not later than 1 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.
    (d) Federal Agency Defined.--For purposes of this section, 
the term ``Federal agency'' means any of the following:
            (1) An Executive agency (as defined in section 105 
        of title 5, United States Code).
            (2) A military department (as defined in section 
        102 of such title).
            (3) An agency in the legislative branch of the 
        Government of the United States.
            (4) An agency in the judicial branch of the 
        Government of the United States.

SEC. 657. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESISTANT SOCIAL 
                    SECURITY CARD.

    (a) Development.--
            (1) In general.--The Commissioner of Social 
        Security (in this section referred to as the 
        ``Commissioner'') shall, in accordance with the 
        provisions of this section, develop a prototype of a 
        counterfeit-resistant social security card. Such 
        prototype card--
                    (A) shall be made of a durable, tamper-
                resistant material such as plastic or 
                polyester;
                    (B) shall employ technologies that provide 
                security features, such as magnetic stripes, 
                holograms, and integrated circuits; and
                    (C) shall be developed so as to provide 
                individuals with reliable proof of citizenship 
                or legal resident alien status.
            (2) Assistance by attorney general.--The Attorney 
        General shall provide such information and assistance 
        as the Commissioner deems necessary to achieve the 
        purposes of this section.
    (b) Studies and Reports.--
            (1) In general.--The Comptroller General and the 
        Commissioner of Social Security shall each conduct a 
        study, and issue a report to the Congress, that 
        examines different methods of improving the social 
        security card application process.
            (2) Elements of studies.--The studies shall include 
        evaluations of the cost and work load implications of 
        issuing a counterfeit-resistant social security card 
        for all individuals over a 3, 5, and 10 year period. 
        The studies shall also evaluate the feasibility and 
        cost implications of imposing a user fee for 
        replacement cards and cards issued to individuals who 
        apply for such a card prior to the scheduled 3, 5, and 
        10 year phase-in options.
            (3) Distribution of reports.--Copies of the reports 
        described in this subsection, along with facsimiles of 
        the prototype cards as described in subsection (a), 
        shall be submitted to the Committees on Ways and Means 
        and Judiciary of the House of Representatives and the 
        Committees on Finance and Judiciary of the Senate not 
        later than 1 year after the date of the enactment of 
        this Act.

SEC. 658. BORDER PATROL MUSEUM.

    (a) Authority.--Notwithstanding section 203 of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 
484) or any other provision of law, the Attorney General is 
authorized to transfer and convey to the Border Patrol Museum 
and Memorial Library Foundation, incorporated in the State of 
Texas, such equipment, artifacts, and memorabilia held by the 
Immigration and Naturalization Service as the Attorney General 
may determine is necessary to further the purposes of the 
Museum and Foundation.
    (b) Technical Assistance.--The Attorney General is 
authorized to provide technical assistance, through the detail 
of personnel of the Immigration and Naturalization Service, to 
the Border Patrol Museum and Memorial Library Foundation for 
the purpose of demonstrating the use of the items transferred 
under subsection (a).

SEC. 659. SENSE OF THE CONGRESS REGARDING THE MISSION OF THE 
                    IMMIGRATION AND NATURALIZATION SERVICE.

    It is the sense of the Congress that the mission statement 
of the Immigration and Naturalization Service should include a 
statement that it is the responsibility of the Service to 
detect, apprehend, and remove those aliens unlawfully present 
in the United States, particularly those aliens involved in 
drug trafficking or other criminal activity.

SEC. 660. AUTHORITY FOR NATIONAL GUARD TO ASSIST IN TRANSPORTATION OF 
                    CERTAIN ALIENS.

    Section 112(d)(1) of title 32, United States Code, is 
amended by adding at the end the following new sentence: ``The 
plan as approved by the Secretary may provide for the use of 
personnel and equipment of the National Guard of that State to 
assist the Immigration and Naturalization Service in the 
transportation of aliens who have violated a Federal or State 
law prohibiting or regulating the possession, use, or 
distribution of a controlled substance.''.

                   Subtitle E--Technical Corrections

SEC. 671. MISCELLANEOUS TECHNICAL CORRECTIONS.

    (a) Amendments Relating to Public Law 103-322 (Violent 
Crime Control and Law Enforcement Act of 1994).--
            (1) Section 60024(1)(F) of the Violent Crime 
        Control and Law Enforcement Act of 1994 (Public Law 
        103-322) (in this subsection referred to as ``VCCLEA'') 
        is amended by inserting ``United States Code,'' after 
        ``title 18,''.
            (2) Section 130003(b)(3) of VCCLEA is amended by 
        striking ``Naturalization'' and inserting 
        ``Nationality''.
            (3)(A) Section 214 (8 U.S.C. 1184) is amended by 
        redesignating the subsection (j), added by section 
        130003(b)(2) of VCCLEA (108 Stat. 2025), and the 
        subsection (k), as amended by section 622(c), as 
        subsections (k) and (l), respectively.
            (B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) 
        is amended by striking ``214(j)'' and inserting 
        ``214(k)''.
            (4)(A) Section 245 (8 U.S.C. 1255) is amended by 
        redesignating the subsection (i) added by section 
        130003(c)(1) of VCCLEA as subsection (j).
            (B) Section 241(a)(2)(A)(i)(I) (8 U.S.C. 
        1251(a)(2)(A)(i)(I)), as amended by section 130003(d) 
        of VCCLEA and before redesignation by section 
        305(a)(2), is amended by striking ``245(i)'' and 
        inserting ``245(j)''.
            (5) Section 245(j)(3), as added by section 
        130003(c)(1) of VCCLEA and as redesignated by paragraph 
        (4)(A), is amended by striking ``paragraphs (1) or 
        (2)'' and inserting ``paragraph (1) or (2)''.
            (6) Section 130007(a) of VCCLEA is amended by 
        striking ``242A(d)'' and inserting ``242A(a)(3)''.
            (7) The amendments made by this subsection shall be 
        effective as if included in the enactment of the 
        VCCLEA.
    (b) Amendments Relating to Immigration and Nationality 
Technical Corrections Act of 1994.--
            (1) Section 101(d) of the Immigration and 
        Nationality Technical Corrections Act of 1994 (Public 
        Law 103-416) (in this subsection referred to as 
        ``INTCA'') is amended--
                    (A) by striking ``Application'' and all 
                that follows through ``This'' and inserting 
                ``Applicability of Transmission Requirements.--
                This'';
                    (B) by striking ``any residency or other 
                retention requirements for'' and inserting 
                ``the application of any provision of law 
                relating to residence or physical presence in 
                the United States for purposes of transmitting 
                United States''; and
                    (C) by striking ``as in effect'' and all 
                that follows through the end and inserting ``to 
                any person whose claim is based on the 
                amendment made by subsection (a) or through 
                whom such a claim is derived.''.
            (2) Section 102 of INTCA is amended by adding at 
        the end the following:
    ``(e) Transition.--In applying the amendment made by 
subsection (a) to children born before November 14, 1986, any 
reference in the matter inserted by such amendment to `five 
years, at least two of which' is deemed a reference to `10 
years, at least 5 of which'.''.
            (3) Section 351(a) (8 U.S.C. 1483(a)), as amended 
        by section 105(a)(2)(A) of INTCA, is amended by 
        striking the comma after ``nationality''.
            (4) Section 207(2) of INTCA is amended by inserting 
        a comma after ``specified''.
            (5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is 
        amended in subparagraph (K)(ii), by striking the comma 
        after ``1588''.
            (6) Section 273(b) (8 U.S.C. 1323(b)), as amended 
        by section 209(a) of INTCA, is amended by striking 
        ``remain'' and inserting ``remains''.
            (7) Section 209(a)(1) of INTCA is amended by 
        striking ``$3000'' and inserting ``$3,000''.
            (8) Section 209(b) of INTCA is amended by striking 
        ``subsection'' and inserting ``section''.
            (9) Section 219(cc) of INTCA is amended by striking 
        `` `year 1993 the first place it appears' '' and 
        inserting `` `year 1993' the first place it appears''.
            (10) Section 219(ee) of INTCA is amended by adding 
        at the end the following:
    ``(3) The amendments made by this subsection shall take 
effect on the date of the enactment of this Act.''.
            (11) Paragraphs (4) and (6) of section 286(r) (8 
        U.S.C. 1356(r)) are amended by inserting ``the'' before 
        ``Fund'' each place it appears.
            (12) Section 221 of INTCA is amended--
                    (A) by striking each semicolon and 
                inserting a comma,
                    (B) by striking ``disasters.'' and 
                inserting ``disasters,''; and
                    (C) by striking ``The official'' and 
                inserting ``the official''.
            (13) Section 242A (8 U.S.C. 1252a), as added by 
        section 224(a) of INTCA and before redesignation as 
        section 238 by section 308(b)(5), is amended by 
        redesignating subsection (d) as subsection (c).
            (14) Except as otherwise provided in this 
        subsection, the amendments made by this subsection 
        shall take effect as if included in the enactment of 
        INTCA.
    (c) Amendments Relating to Public Law 104-132 
(Antiterrorism and Effective Death Penalty Act of 1996).--
            (1) Section 219 (8 U.S.C. 1189), as added by 
        section 302(a) of Antiterrorism and Effective Death 
        Penalty Act of 1996 (Public Law 104-132) (in this 
        subsection referred to as ``AEDPA''), is amended by 
        striking the heading and all that follows through 
        ``(a)'' and inserting the following:


            ``designation of foreign terrorist organizations


    ``Sec. 219. (a)''.
            (2) Section 302(b) of AEDPA is amended by striking 
        ``, relating to terrorism,''.
            (3) Section 106(a) (8 U.S.C. 1105a(a)), as amended 
        by sections 401(e) and 440(a) of AEDPA, is amended--
                    (A) by striking ``and'' at the end of 
                paragraph (8);
                    (B) by striking the period at the end of 
                paragraph (9) and inserting ``; and''; and
                    (C) in paragraph (10), by striking ``Any'' 
                and inserting ``any''.
            (4) Section 440(a) of the AEDPA is amended by 
        striking ``Section 106 of the Immigration and 
        Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to 
        read as follows:'' and inserting ``Section 106(a) of 
        the Immigration and Nationality Act (8 U.S.C. 1105a(a)) 
        is amended by adding at the end the following:''.
            (5) Section 440(g)(1)(A) of AEDPA is amended--
                    (A) by striking ``of this title''; and
                    (B) by striking the period after 
                ``241(a)(2)(A)(i)''.
            (6) Section 440(g) of AEDPA is amended by striking 
        paragraph (2).
            (7) The amendments made by this subsection shall 
        take effect as if included in the enactment of subtitle 
        A of title IV of AEPDA.
    (d) Striking References to Section 210A.--
            (1)(A) Section 201(b)(1)(C) (8 U.S.C. 
        1151(b)(1)(C)) is amended by striking ``, 210A,''.
            (B) Section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) 
        is amended by striking ``, 210A(a),''.
            (C) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), before 
        redesignation by section 305(a)(2), is amended by 
        striking subparagraph (F).
            (2) Sections 204(c)(1)(D)(i) and 204(j)(4) of 
        Immigration Reform and Control Act of 1986 are each 
        amended by striking ``, 210A,''.
    (e) Miscellaneous Changes in the Immigration and 
Nationality Act.--
            (1) Before being amended by section 308(a)(2), the 
        item in the table of contents relating to section 242A 
        is amended to read as follows:

``Sec. 242A. Expedited deportation of aliens convicted of committing 
          aggravated felonies.''.

            (2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is 
        amended by striking ``, 321, and 322'' and inserting 
        ``and 321''.
            (3) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is 
        amended by inserting a comma after ``(4) thereof)''.
            (4) Pursuant to section 6(b) of Public Law 103-272 
        (108 Stat. 1378)--
                    (A) section 214(f)(1) (8 U.S.C. 1184(f)(1)) 
                is amended by striking ``section 101(3) of the 
                Federal Aviation Act of 1958'' and inserting 
                ``section 40102(a)(2) of title 49, United 
                States Code''; and
                    (B) section 258(b)(2) (8 U.S.C. 1288(b)(2)) 
                is amended by striking ``section 105 or 106 of 
                the Hazardous Materials Transportation Act (49 
                U.S.C. App. 1804, 1805)'' and inserting 
                ``section 5103(b), 5104, 5106, 5107, or 5110 of 
                title 49, United States Code''.
            (5) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A)) 
        is amended by inserting a period after ``expended''.
            (6) Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) 
        is amended--
                    (A) by striking ``and'' at the end of 
                clause (iv);
                    (B) by moving clauses (v) and (vi) 2 ems to 
                the left;
                    (C) by striking ``; and'' in clauses (v) 
                and (vi) and inserting ``and for'';
                    (D) by striking the colons in clauses (v) 
                and (vi); and
                    (E) by striking the period at the end of 
                clause (v) and inserting ``; and''.
            (7) Section 412(b) (8 U.S.C. 1522(b)) is amended by 
        striking the comma after ``is authorized'' in paragraph 
        (3) and after ``The Secretary'' in paragraph (4).
    (f) Miscellaneous Change in the Immigration Act of 1990.--
Section 161(c)(3) of the Immigration Act of 1990 is amended by 
striking ``an an'' and inserting ``of an''.
    (g) Miscellaneous Changes in Other Acts.--
            (1) Section 506(a) of the Intelligence 
        Authorization Act, Fiscal Year 1990 (Public Law 101-
        193) is amended by striking ``this section'' and 
        inserting ``such section''.
            (2) Section 140 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995, as 
        amended by section 505(2) of Public Law 103-317, is 
        amended--
                    (A) by moving the indentation of 
                subsections (f) and (g) 2 ems to the left; and
                    (B) in subsection (g), by striking ``(g)'' 
                and all that follows through ``shall'' and 
                inserting ``(g) Subsections (d) and (e) 
                shall''.
    And the Senate agree to the same.

                                   Henry Hyde,
                                   Lamar Smith,
                                   Elton Gallegly,
                                   Bill McCollum,
                                   Bob Goodlatte,
                                   Ed Bryant,
                                   Sonny Bono,
                                   Bill Goodling,
                                   Randy ``Duke'' Cunningham,
                                   Howard P. ``Buck'' McKeon,
                                   E. Clay Shaw, Jr.,
                                 Managers on the Part of the House.

                                   Orrin Hatch,
                                   Al Simpson,
                                   Chuck Grassley,
                                   Jon Kyl,
                                   Arlen Specter,
                                   Strom Thurmond,
                                   Dianne Feinstein,
                                Managers on the Part of the Senate.
       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the Senate to the bill (H.R. 2202) to amend 
the Immigration and Nationality Act to improve deterrence of 
illegal immigration to the United States by increasing border 
patrol and investigative personnel, by increasing penalties for 
alien smuggling and for document fraud, by reforming exclusion 
and deportation law and procedures, by improving the 
verification system for eligibility for employment, and through 
other measures, to reform the legal immigration system and 
facilitate legal entries into the United States, and for other 
purposes, submit the following joint statement to the House and 
the Senate in explanation of the effect of the action agreed 
upon by the managers and recommended in the accompanying 
conference report:
      The Senate amendment struck all of the House bill after 
the enacting clause and inserted a substitute text.
      The House recedes from its disagreement to the amendment 
of the Senate with an amendment that is a substitute for the 
House bill and the Senate amendment. The differences between 
the House bill, the Senate amendment, and the substitute agreed 
to in conference are noted below, except for clerical 
corrections, conforming changes made necessary by agreements 
reached by the conferees, and minor drafting and clerical 
changes.

 Title I--Improvements to Border Control, Facilitation of Legal Entry, 
                        and Interior Enforcement

             Subtitle A--Improved Enforcement at the Border

      Section 101--House recedes to sections 101 (a) and (b) of 
the Senate amendment, with modifications, and the Senate 
recedes to House section 101(c) with modifications. This 
section increases the number of Border Patrol agents by 1000 
per year from FY 1997 through 2001. It further provides that 
the Attorney General, in each fiscal year from 1997 through 
2001, may increase by 300 the number of support personnel for 
the Border Patrol. The additional border patrol agents are to 
be deployed in sectors along the border in proportion to the 
level of illegal crossings of the border in such sectors. 
Border Patrol resources should be used primarily at the border 
to deter illegal crossings and to apprehend at the earliest 
possible juncture those who have made such crossings. This 
section also requires the forward deployment of Border Patrol 
agents to provide a visible deterrent to illegal immigration, 
and includes the requirement in Senate amendment section 109 
regarding the preservation of immigration enforcement functions 
in interior areas. The managers intend that for purposes of 
this section, border sectors shall include coastal areas of the 
United States. The managers also intend, as a further deterrent 
to repeat illegal crossings, that available resources be made 
used to detain and prosecute aliens who repeatedly violate 
section 275(a) of the Immigration and Nationality Act.
      Section 102--Senate amendment section 108 recedes to 
House section 102, with modifications, including the 
substantive provisions of sections 109 and 327 of the Senate 
amendment. This section requires the Attorney General to 
install additional fences and roads to deter illegal 
immigration. In the San Diego sector, it calls for extension of 
the new fencing to a point 14 miles east of the Pacific Ocean, 
and the construction of second and third fences, with roads 
between the fences, to provide an additional deterrent. This 
section includes a proviso (from Senate amendment section 108) 
that the design of such fencing incorporate features necessary 
to ensure the safety of Border Patrol agents. This section also 
includes provisions based on Senate amendment section 327 to 
enhance the Attorney General's ability to acquire property 
along the border for purposes of improving border controls. 
This section also provides for a limited waiver of the 
Endangered Species Act of 1973 and the National Environmental 
Policy Act of 1969 in order to facilitate a uniform 
construction of necessary fences and roads.
      Section 103--Senate amendment section 179 recedes to 
House section 103. This section authorizes the acquisition by 
the Attorney General of improved equipment and technology to 
deter illegal immigration on the border.
       Section 104--Senate recedes to House sections 104(a) and 
104(b). This section requires improvement in the Border 
Crossing Identification Card, a document issued in lieu of a 
visa to aliens from Canada and Mexico for short-term visits 
within a designated distance from the border. Such cards are 
frequently counterfeited and used by impostors. The new cards 
issued under this section will be machine-readable and contain 
security features to prevent use by impostors.
       Section 105--Senate recedes to House section 105. This 
section provides for civil money penalties for aliens 
apprehended while entering or attempting to enter the United 
States other than at a lawful port of entry.
       Section 106--House section 107 recedes to Senate 
amendment section 107. This section requires the Attorney 
General to review within 60 days of enactment all hiring 
standards of the INS, and within 180 days of enactment all 
training standards of the INS. The Attorney General shall 
submit a certification in each of fiscal years 1997 through 
2000 that all personnel hired in that year were hired in 
accordance with appropriate standards. The Attorney General 
also shall submit a report based on the review of training 
standards describing the status of efforts to improve such 
standards.
       Section 107--Senate recedes to House section 108, with 
modification. This section requires the Comptroller General, 
with the cooperation of the Attorney General and in 
consultation with the Secretary of State and the Secretary of 
Defense, to track, monitor, and evaluate efforts to deter 
illegal entry into the United States. The Comptroller General 
shall report his findings to the Committees on the Judiciary of 
the Senate and the House of Representatives within 1 year from 
the date of enactment and every year thereafter through FY 
2000. The report shall include recommendations to increase 
border security at the land border and at ports of entry.
       Section 108--House recedes to Senate amendment section 
304. This section amends chapter 35 of title 18 to add a new 
section 758, making high-speed flight from an INS checkpoint a 
felony punishable by up to 5 years in prison. This section also 
amends INA section 241(a)(2)(A) to make an alien convicted of 
this offense deportable.
       Section 109--House recedes to Senate amendment section 
173. This section requires the Attorney General, together with 
the Secretary of State, the Secretary of the Treasury, and 
representatives of the air transport industry, to develop a 
plan for automated data collection at ports of entry. The 
Attorney General shall report to the Committees on the 
Judiciary of the House of Representatives and the Senate within 
9 months of the date of enactment regarding the outcome of this 
joint initiative, including recommendations for legislation.
      Section 110--House recedes to Senate amendment section 
174, with modifications to include most of the substantive 
requirements from House section 113. This section will require 
the Attorney General within 2 years of enactment to establish 
an automated entry and exit control system that will (1) 
collect a record of departure for every alien departing the 
United States and match the record of departure with the record 
of the alien's arrival in the United States, and (2) enable the 
identification of lawfully admitted nonimmigrants who remain in 
the United States beyond the period authorized by the Attorney 
General. The Commissioner of the INS must submit an annual 
report to the Committees on the Judiciary of the Senate and the 
House of Representatives on the operation of the system, 
including information on the number of departure records 
collected, the number of records successfully matched to 
records of arrival, and the number of nonimmigrants and other 
visitors for whom no matching departure record was obtained. 
All of this information shall include accounting by country of 
nationality of the arriving and departing aliens. Information 
on visa overstays identified through the entry and exit control 
system shall be integrated into appropriate data bases of the 
INS and the Department of State, including those used at ports 
of entry and consular offices.
       Section 111--House recedes to Senate amendment section 
322, with modifications. This section requires the Attorney 
General to submit a report by September 30, 1996, to the 
Committees on the Judiciary of the House of Representatives and 
of the Senate regarding the redeployment of border patrol 
agents.
       Section 112--House recedes to Senate amendment section 
120C. This section authorizes the appropriation of funds to 
ensure that the ``IDENT'' program operated by the Immigration 
and Naturalization Service (INS) is expanded to apply to all 
apprehended illegal and criminal aliens.
       Section 113--Senate recedes to House section 106, with 
modification.

                Subtitle B--Facilitation of Legal Entry

       Section 121--House section 701 recedes to Senate 
amendment section 103, with modification. This section will 
require the Attorney General and Secretary of the Treasury to 
increase in FY 1997 and 1998 the number of full-time land 
border inspectors of the INS and the Customs Service to levels 
adequate to assure full staffing during peak crossing hours of 
all border crossing lanes currently in use, under construction, 
or authorized to be constructed.
       Section 122--Senate amendment section 213 recedes to 
House section 702, with modifications. This section will extend 
the authority under INA section 286(q) for commuter lane pilot 
programs through FY 2000, and raise to 6 the maximum number of 
such pilots. It also includes the authorization in Senate 
amendment section 213(b)(2) for the Attorney General to conduct 
pilot projects for automated entry, using card reading or 
similar technology, at land border ports of entry after hours 
of normal operation have ended.
       Section 123--Senate recedes to House section 703, with 
modifications. This section amends the INA to create a new 
section 235A, providing for the establishment within 2 years of 
enactment of preinspection stations at 5 of the 10 foreign 
airports serving as the last points of departure for the 
greatest number of inadmissible passengers arriving by air in 
the United States. Not later than 4 years after enactment, the 
Attorney General shall establish preinspection stations in at 
least 5 additional foreign airports, on the basis of most 
effectively reducing the number of inadmissible aliens who 
arrive in the United States. This section also requires the 
Attorney General to compile data arising from the operation of 
preinspection stations, and to establish a carrier consultant 
program to deter boarding by aliens inadmissible to the United 
States.
       Section 124--Senate recedes to House section 704. This 
section amends INA section 286(h)(2)(A)(iv) to provide that 
funds may be expended from the Immigration User Fee Account for 
the training of commercial airline personnel in the detection 
of fraudulent documents, and that not less than 5 percent of 
the funds expended out of the Account in a given fiscal year 
shall be for this purpose. This section also amends INA section 
212(f) to provide that if a commercial airline has failed to 
comply with regulations of the Attorney General relating to the 
detection of fraudulent documents, including the training of 
personnel, the Attorney General may suspend the entry of aliens 
transported to the U.S. by the airline.
       Section 125--House recedes to Senate amendment section 
330. This section amends INA section 103(a) to provide that the 
Attorney General may authorize officers of a foreign country to 
be stationed at preclearance stations in the United States to 
ensure that persons traveling from or through the United States 
to that foreign country comply with that country's immigration 
and related laws. Such officers shall be authorized to perform 
duties, and shall enjoy such privileges and immunities 
necessary for the performance of such duties, as are granted to 
United States immigration officers in that foreign country 
under reciprocal agreement.

                    Subtitle C--Interior Enforcement

       Section 131--House sections 121 and 404 recede to Senate 
amendment section 102, with modifications. This section will 
authorize an increase in the number of INS investigators and 
support personnel assigned to investigate violations of INA 
sections 274A (employer sanctions) and 274C (civil document 
fraud) by 300 in each of FY 1997, 1998, and 1999. Not less than 
half of these newly-hired investigators shall be assigned to 
investigate potential violations of section 274A.
       Section 132--House recedes to Senate amendment section 
104. This section authorizes the appropriation of funds 
necessary to increase the number of investigators and support 
personnel to investigate visa overstayers by 300 in FY 1997.
      Section 133--House sections 122 and 365 recede to Senate 
amendment section 184, with modifications. This section amends 
INA section 287 to permit the Attorney General to enter into 
written agreements with State and local authorities to 
designate qualified officers or employees of the State or 
locality to perform immigration enforcement functions 
pertaining to the investigation, apprehension, or detention of 
aliens unlawfully in the United States, including the 
transportation of aliens across State lines to detention 
centers. Such functions shall be carried out at State or local 
expense and the designated officers and employees shall operate 
under the direction of the Attorney General.
      Section 134--House recedes to Senate amendment section 
316, with modification. This amendment directs that each State 
be allocated at least 10 active-duty INS agents.

 Title II--Enhanced Enforcement and Penalties Against Alien Smuggling 
                           and Document Fraud

 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

      Section 201--House section 201 recedes to Senate 
amendment section 121. This section amends 18 U.S.C. 2516(1) to 
give INS the authority under such section to use wiretaps in 
investigations of alien smuggling and document fraud offenses.
      Section 202--Senate amendment section 122 recedes to 
House section 202, with modifications. This section amends 18 
U.S.C. 1961(1) to include as racketeering offenses acts 
indictable as document fraud crimes under title 18 (including 
the naturalization and citizenship document offenses specified 
in the Senate bill) or as alien smuggling offenses under 
section 274, 277, and 278 of the Immigration and Nationality 
Act. The offenses under the INA may be considered as RICO 
predicates only if committed for the purpose of financial gain.
      Section 203(a)--Senate recedes to House section 
203(a)(1). This provision amends INA section 274(a)(1) to 
increase criminal penalties in cases where an offense relating 
to alien smuggling, harboring, inducement, or transportation is 
done for the purpose of financial gain.
      Section 203(b)--House section 203(a)(2) recedes to Senate 
amendment sections 123(a) (1) and (2). This provision amends 
INA section 274 to specify criminal penalties for those who 
engage in a conspiracy to violate alien smuggling, inducement, 
harboring, and transportation prohibitions, and for those who 
aid and abet such crimes. Senate amendment sections 
123(a)(3)(B) and 123(b) recede to House section 203(b), as 
modified. This provision will increase penalties under section 
274(b) to up to 10 years imprisonment, and up to 15 years for a 
third or subsequent offense, for certain alien smuggling 
violations. House recedes to Senate amendment section 
123(a)(4), with modifications. This provision creates a new 
offense for an employer to hire an alien who the employer knows 
is not authorized to be employed in the United States, and who 
the employer also knows was brought into the United States in 
violation of INA section 274(a). In order to be liable under 
this provision, the employer must have actual knowledge both of 
the alien's unauthorized status and of the fact that the alien 
was brought into the United States illegally.
      Section 203(c)--Senate recedes to that portion of House 
section 203(b) that creates a new offense under INA section 
274(a) for smuggling an alien with reason to believe that the 
alien will commit a crime in the United States.
      Section 203(d)--Senate amendment section 123(a)(3) 
recedes to House section 203(c). This provision will change the 
standard for calculating penalties for alien smuggling crimes. 
Henceforth, an offense will be counted for each alien smuggled, 
not, as under current law, for each transaction regardless of 
the number of aliens involved.
      Section 203 (e)-(f)--House recedes to Senate amendment 
sections 123 (c)-(e), with modifications. These provisions 
require the United States Sentencing Commission to promulgate 
or amend guidelines for offenders convicted of smuggling, 
harboring, inducement, or transportation of illegal aliens; 
provide emergency authority to the Sentencing Commission to 
complete this task; and make section 203 of this Act (and the 
amendments made thereby) applicable to offenses occurring on or 
after the date of enactment.
      Section 204--Senate amendment section 120 recedes to 
House section 204, with modifications. This section provides 
that the number of Assistant United States Attorneys shall be 
increased in fiscal year 1997 by at least 25, and that such 
attorneys shall prosecute persons involved in smuggling or 
harboring of illegal aliens, or other crimes involving illegal 
aliens, which would include immigration document fraud offenses 
relating to false identification documents, visas, passports, 
and citizenship and naturalization documents.
      Section 205--Senate amendment section 169 recedes to 
House section 205. This section provides authority for the INS 
to use appropriated funds for the establishment and operation 
of undercover proprietary corporations or business entities.

 Subtitle B--Enhanced Enforcement and Penalties Against Document Fraud

      Section 211--Senate amendment section 127(a)(1) recedes 
to House section 211(a). This provision increases the maximum 
term of imprisonment for fraud and misuse of government-issued 
identification documents from 5 years to 15 years. The sentence 
is increased to 20 years if the offense is committed to 
facilitate a drug-trafficking crime, and to 25 years if 
committed to facilitate an act of international terrorism. 
House recedes to Senate amendment section 127(a) (2)-(4), as 
modified. These provisions will increase penalties for document 
fraud crimes under sections 1541-1544, 1546(a), and 1425-1427 
of title 18 to 10 years for a first or second offense, 15 years 
for a third or subsequent offense, with the same enhancements 
for crimes committed to facilitate drug trafficking (20 years) 
or international terrorism (25 years). House section 211(b) 
recedes to Senate section 127 (b)-(d). These provisions require 
the United States Sentencing Commission to promulgate or amend 
guidelines for offenders convicted of document fraud offenses, 
provide emergency authority to the Sentencing Commission to 
complete this task, and make section 211 (and the amendments 
made thereby) applicable to offenses occurring on or after the 
date of enactment.
      Section 212--House sections 212 and 213 recede to Senate 
amendment section 130, as modified. This section amends INA 
section 274C, regarding civil penalties for document fraud, to 
expand liability to those who engage in document fraud for the 
purpose of obtaining a benefit under the INA. New liability is 
established for those who prepare, file, or assist another 
person in preparing or filing an application for benefits with 
knowledge or in reckless disregard of the fact that such 
application or document was falsely made. New liability also is 
established for aliens who destroy travel documents en route to 
the United States after having presented such documents to 
board a common carrier to the United States. A waiver from 
civil document fraud penalties may be granted to an alien who 
is granted asylum or withholding of deportation. The amendments 
made by this section shall apply to offenses occurring on or 
after the date of enactment.
      Section 213--House section 214 recedes to Senate 
amendment section 129. This section amends INA section 274C by 
adding a new subsection (e), providing that a person who fails 
to disclose or conceals his role in preparing, for a fee or 
other remuneration, a false application for benefits under the 
INA is subject to imprisonment of not more than 5 years, and is 
prohibited from preparing, whether or not for a fee or other 
remuneration, any other such application. A person convicted 
under this section who later prepares or assists in preparing 
an application for immigration benefits, regardless of whether 
for a fee or other remuneration, is subject to imprisonment of 
not more than 15 years, and is prohibited from preparing any 
other such application.
      Section 214--Senate amendment section 128 recedes to 
House section 215. This section amends section 1546(a) of title 
18 to provide that the penalty for knowingly presenting a 
document which contains a false statement also extends to a 
document which fails to contain any reasonable basis in law or 
fact.
      Section 215--Senate recedes to House section 216. This 
section amends section 1015 of title 18 by adding new 
subparagraphs (e) and (f). New subparagraph (e) makes it 
unlawful for any person to make a false claim to United States 
citizenship or nationality for the purpose of obtaining, for 
himself or any other person, any Federal benefit or service or 
employment in the United States. New subsection (f) makes it 
unlawful for any person to make a false claim to United States 
citizenship in order to vote or register to vote in any 
Federal, State, or local election, including an initiative, 
recall, or referendum.
      Section 216--House recedes to Senate amendment section 
217(a). This section amends title 18 to add a new section 611, 
making it unlawful for any alien to vote in any election for 
Federal office, and subjects violators to fines and a term of 
imprisonment of not more than 1 year.
      Section 217--This section merges House section 221 and 
Senate amendment section 126. This section amends 18 U.S.C. 
982(a) by adding a new paragraph (6), providing that a person 
who is convicted of a violation of or of a conspiracy to 
violate sections 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 
1546 of title 18, or section 1028 of title 18, or section 
274(a) of the INA, if committed in connection with passport or 
visa issuance or use, shall forfeit any conveyance used in the 
commission of the offense, as well as any property, real or 
personal, which was used or intended to be used in facilitating 
the violation, and any property constituting, derived from, or 
traceable to the proceeds of the violation. The criminal 
forfeiture shall be governed by the provisions of section 413 
(other than subsections (a) and (d)) of the Comprehensive Drug 
Abuse Prevention and Control Act of 1970 (21 U.S.C. 853).
      Section 218--House recedes to Senate amendment section 
131. This section increases penalties for violations of 
sections 1581, 1583, 1584, and 1588 of title 18 (regarding 
involuntary servitude, peonage, and slave trade offenses) from 
a maximum of 5 years to 10 years imprisonment. The section also 
requires the United States Sentencing Commission to ascertain 
if there exists an unwarranted disparity between sentences for 
such crimes and the sentences for kidnaping and alien smuggling 
offenses, and further requires the Commission to amend the 
Sentencing Guidelines to reduce or eliminate any such 
unwarranted disparity and to ensure that the Sentencing 
Guidelines reflect the heinous nature of such offenses as well 
as aggravating factors such as large numbers of victims and 
prolonged periods of peonage or involuntary servitude. The 
section also provides emergency authority to the Sentencing 
Commission to effect such changes.
      Section 219--House recedes to Senate amendment section 
124. This section permits the introduction of videotaped 
deposition testimony, in trials involving offenses under 
section 274 of the INA, of witnesses who have been deported 
from the United States or who are otherwise unavailable to 
testify, provided that there was an opportunity for cross-
examination at such deposition. This provision will permit the 
introduction, in trials for alien smuggling and related 
offenses, of critical testimony from aliens who have been 
smuggled into the United States, eliminating the need to detain 
such aliens in the United States.
      Section 220--House recedes to Senate amendment section 
120A(a)(2). This provision amends section 274C (pertaining to 
civil penalties for document fraud) to provide that immigration 
officers designated by the Attorney General may use subpoena 
authority to compel the attendance of witnesses and the 
production of documents in connection with investigating a 
complaint of civil document fraud.

   Title III--Inspection, Apprehension, Detention, Adjudication, and 
             Removal of Inadmissible and Deportable Aliens

        Subtitle A--Revision of Procedures for Removal of Aliens

      Sec. 301(a)--Senate recedes to House section 301(a), with 
modifications. Subsection (a) of this section amends INA 
section 101(a)(13) by replacing the definition of ``entry'' 
with a definition for ``admission'' and ``admitted'': the 
lawful entry of an alien into the United States after 
inspection and authorization by an immigration officer. An 
alien who is paroled under INA section 212(d)(5) shall not be 
considered to have been admitted. With certain specified 
exceptions (including in the case of an individual who has been 
absent from the United States for a period of greater than 180 
days or has committed an offense identified in section 
212(a)(2)), a returning lawful permanent resident alien (LPR) 
shall not be considered to be seeking admission.
      Sec. 301(b)--Senate amendment sections 143(b) and 317 
recede to House section 301(c), with modifications. This 
subsection redesignates paragraph (9) of INA section 212(a) as 
paragraph (10), and inserts a new paragraph (9). Under this 
subsection, an alien ordered removed under revised INA section 
235(b)(1) (see explanation of section 302 of this Act below), 
or at the end of proceedings under new section 240 (see 
explanation of section 304 of this Act below) that were 
initiated upon the alien's arrival in the United States, is 
inadmissible for a period of 5 years (or for 20 years in the 
case of a second or subsequent removal and permanently in the 
case of an alien convicted of an aggravated felony). An alien 
otherwise ordered removed from the United States, or who has 
departed the United States while an order of removal is 
outstanding, shall be barred from admission for 10 years (or 
for 20 years in the case of a second or subsequent removal, and 
permanently in the case of an alien convicted of an aggravated 
felony). These bars to readmission can be waived (as in current 
law) if the Attorney General has given prior consent to the 
alien's reapplying for admission.
      This subsection also provides that an alien unlawfully 
present in the United States for a period of more than 180 days 
but less than 1 year who voluntarily departed the United States 
is barred from admission for 3 years. An alien unlawfully 
present for 1 year or more who voluntarily departs is barred 
from admission for 10 years. An alien is unlawfully present if 
the alien has been present in the United States without 
admission or parole, or remains in the United States beyond an 
authorized period of stay. No period of time in which the alien 
was present in the United States under the age of 18, as a bona 
fide applicant for asylum under section 208, or as a 
beneficiary of family unity protection, shall count towards the 
aggregate 1-year period. The calculation of time is suspended 
if the alien has filed a bona fide application for change or 
extension of status, and such application is approved. This bar 
shall not apply to an alien described in new INA section 
212(a)(6)(A)(ii) (battered spouse or child). The bar also may 
be waived, in the sole and unreviewable discretion of the 
Attorney General, for an immigrant who is the spouse or son or 
daughter of a United States citizen or lawful permanent 
resident, and the refusal of admission to the alien would cause 
extreme hardship to that citizen or lawfully resident spouse or 
parent.
      This subsection also provides that an alien who has been 
present unlawfully in the United States for more than 1 year or 
has been ordered removed from the United States, and who 
subsequently enters or attempts to enter the United States 
without being lawfully admitted, is permanently barred from 
admission. Such an alien may be admitted not earlier than 10 
years after the alien's last departure from the United States, 
but only if the Attorney General gives prior consent to the 
alien's reapplying for admission.
      Section 301(c)--Senate recedes to House section 301(b), 
with modifications. This subsection states that an alien who is 
present in the U.S. without being admitted or paroled, or who 
has arrived in the U.S. at any time or place other than as 
designated by the Attorney General, is inadmissible. This 
ground of inadmissibility shall not apply if: (I) the alien 
qualifies for immigrant status as the spouse or child of a 
United States citizen or lawful permanent resident; (II) the 
alien or the alien's child has been battered or subject to 
extreme cruelty; and (III) there was a substantial connection 
between the cruelty or battery and the alien's unlawful entry 
into the United States. As a matter of transition, the 
requirements under (II) and (III) shall not apply if the alien 
establishes that he or she first entered the United States 
prior to the effective date of Title III of this legislation, 
as set forth in section 309(a). This subsection also provides 
that an alien who without reasonable cause fails to attend or 
remain in attendance at any proceeding regarding the alien's 
removal from the United States is barred from admission for 5 
years.
      Section 301(d)--Senate recedes to House section 301(g), 
which makes a number of conforming references regarding the 
change in nomenclature in INA section 212(a) from 
``excludable'' to ``inadmissible.'' Subparagraph (B) of INA 
section 241(a)(1) (entry without inspection) will be amended to 
state that an alien present in the United States in violation 
of law is deportable. The current category of persons who are 
deportable because they have made an entry without inspection 
will, under the amendments made by section 301(c) of this bill, 
instead be considered inadmissible under revised paragraph 
(6)(A) of subsection 212(a).
      Section 302--Senate recedes to House section 302, with 
modifications. This section will amend INA section 235, 
regarding the inspection of aliens arriving in the U.S. New 
section 235(a) provides that an alien present in the United 
States who has not been admitted to the U.S., or who arrives in 
the United States, (whether or not at a designated port of 
arrival and including an alien who is brought to the United 
States after having been interdicted in international or United 
States waters), shall be deemed an applicant for admission.
      An arriving alien who is a stowaway is not eligible to 
apply for admission or to be admitted and shall be ordered 
removed upon inspection by an immigration officer. A stowaway 
shall not be eligible to apply for asylum in the United States 
unless the stowaway establishes a credible fear of persecution 
pursuant to the expedited review process in section 235(b)(1).
      Aliens seeking admission, readmission, or transit through 
the United States shall be inspected by an immigration officer, 
who shall have the same authority to take statements and 
receive evidence as under current INA section 235. An alien 
applying for admission may, at the discretion of the Attorney 
General, be permitted to withdraw the application for admission 
and depart immediately from the United States.
      New section 235(b) establishes new procedures for the 
inspection and in some cases removal of aliens arriving in the 
United States.
      Expedited Removal of Arriving Aliens: New paragraph 
(b)(1) provides that if an examining immigration officer 
determines that an arriving alien is inadmissible under section 
212(a)(6)(C) (fraud or misrepresentation) or 212(a)(7) (lack of 
valid documents), the officer shall order the alien removed 
without further hearing or review, unless the alien states a 
fear of persecution or an intention to apply for asylum. This 
provision shall not apply to an alien arriving by air who is a 
national of a Western Hemisphere nation with which the United 
States does not have diplomatic relations. The provisions also 
may be applied, in the sole and unreviewable discretion of the 
Attorney General, to an alien who has not been paroled or 
admitted into the United States and who cannot affirmatively 
show to an immigration officer that he or she has been 
continuously present in the United States for a period of 2 
years immediately prior to the date of the officer's 
determination. The purpose of these provisions is to expedite 
the removal from the United States of aliens who indisputably 
have no authorization to be admitted to the United States, 
while providing an opportunity for such an alien who claims 
asylum to have the merits of his or her claim promptly assessed 
by officers with full professional training in adjudicating 
asylum claims.
      An alien who states a fear of persecution or an intention 
to apply for asylum shall be referred for interview by an 
asylum officer, who is an immigration officer who has had 
professional training in asylum law, country conditions, and 
interview techniques comparable to that provided to full-time 
adjudicators of asylum applications. The officer shall be, for 
purposes of determinations made under this section, under the 
supervision of an immigration officer with similar training and 
substantial experience in adjudicating asylum applications. If 
the officer finds that the alien has a credible fear of 
persecution, the alien shall be detained for further 
consideration of the application for asylum under normal non-
expedited removal proceedings. If the alien does not meet this 
standard and, if the alien requests administrative review, the 
officer's decision is upheld by an immigration judge, the alien 
will be ordered removed. To the maximum extent practicable, 
review by the immigration judge shall be completed within 24 
hours, but in no case shall such review take longer than 7 
days. Throughout this process of administrative review, the 
alien shall be detained by the INS. An alien may consult with a 
person of his or her choosing before the interview, at no 
expense to the Government and without unreasonably delaying the 
interview. A ``credible fear of persecution'' means that there 
is a significant possibility, taking into account the 
credibility of the statements made by the alien in support of 
the alien's claim and such other facts as are known to the 
officer, that the alien could establish eligibility for asylum.
      There is no other administrative review of a removal 
order entered under this paragraph, but an alien claiming under 
penalty of perjury to be lawfully admitted for permanent 
residence, or to have been admitted as a refugee or granted 
asylum, shall be entitled to administrative review of such an 
order as the Attorney General shall provide by regulation. An 
alien ordered removed under this paragraph may not make a 
collateral attack against the order in a prosecution under 
section 275(a) (illegal entry) or 276 (illegal reentry).
      The availability of judicial review is described below in 
the explanation of section 306 of this Act.
      New paragraph (b)(2) provides that an alien determined to 
be inadmissible by an immigration officer (other than an alien 
subject to removal under paragraph (b)(1), or an alien crewman 
or stowaway) shall be referred for a hearing before an 
immigration judge under new section 240.
      Subsection (c) restates the provisions of current INA 
section 235(c) regarding the removal of aliens arriving in the 
United States who are inadmissible on national security 
grounds. This subsection is not intended to apply in the case 
of aliens who are inadmissible under new section 212(a)(6)(A) 
because they are already present in the United States without 
having been admitted or paroled. Such aliens could, however, be 
subject to the special removal procedures provided in Subtitle 
B of this Title.
      New subsection (d) restates provisions currently in INA 
section 235(a) authorizing immigration officers to search 
conveyances, administer oaths, and receive evidence, and to 
issue subpoenas enforceable in a United States district court.
      Section 303--Senate recedes to House section 303, with 
modifications. This section amends INA section 236, as 
described in the next paragraphs below. (The provisions in 
current section 236 regarding hearings on the exclusion of 
aliens are reflected in new section 240, as amended by section 
304 of this report.)
      New section 236(a) restates the current provisions in 
section 242(a)(1) regarding the authority of the Attorney 
General to arrest, detain, and release on bond an alien who is 
not lawfully in the United States. (The current authority in 
section 242(a) for a court in habeas corpus proceedings to 
review the conditions of detention or release pending the 
determination of the alien's inadmissibility or deportability 
is not retained.) The minimum bond for an alien released 
pending removal proceedings is raised from $500 to $1500. New 
section 236(b) restates the current provisions in section 
242(a)(1) that the Attorney General may at any time revoke an 
alien's bond or parole.
      New section 236(c) provides that the Attorney General 
must detain an alien who is inadmissible under section 
212(a)(2) or deportable under new section 237(a)(2). This 
requirement does not apply to an alien deportable under section 
237(a)(2)(A)(i) on the basis of an offense for which the alien 
has not been sentenced to at least 1 year in prison. This 
detention mandate applies whenever such an alien is released 
from imprisonment, regardless of the circumstances of the 
release. This subsection also provides that such an alien may 
be released from the Attorney General's custody only if the 
Attorney General decides in accordance with 18 U.S.C. 3521 that 
release is necessary to provide protection to a witness, 
potential witness, a person cooperating with an investigation 
into major criminal activity, or a family member or close 
associate of such a witness or cooperator, and such release 
will not pose a danger to the safety of other persons or of 
property, and the alien is likely to appear for any scheduled 
proceeding.
      New section 236(d) restates the current provisions in 
section 242(a)(3) regarding the identification of aliens 
arrested for aggravated felonies and amends those provisions to 
require that information on aliens convicted of aggravated 
felonies and deported be provided to the Department of State 
for inclusion in its automated visa lookout system.
      New section 236(e) states that no discretionary judgment 
of the Attorney General made under the authority of section 236 
shall be subject to judicial review, and that no court shall 
set aside a decision of the Attorney General regarding 
detention or release of an alien, or the granting or denial of 
bond or parole.
      Section 304--Senate recedes to House section 304, with 
modifications. This section redesignates current INA section 
239 (designation of ports of entry for aliens arriving by civil 
aircraft) as section 234, redesignates INA section 240 (records 
of admission) as section 240C, and inserts new INA sections 
239, 240, 240A, and 240B.
      New section 239 restates the provisions of current 
subsections (a) and (b) of section 242B regarding the provision 
of written notice to aliens placed in removal proceedings. 
These provisions are conformed to the establishment of a single 
removal hearing to replace the two current proceedings under 
current section 236 (exclusion) and 242 (deportation). The 
requirement that the written notice be provided in Spanish as 
well as English is not retained. The INS will determine when a 
language other than English should be used and when the 
services of a translator are necessary. The mandatory period 
between notice and date of hearing is reduced to 10 days. 
Service is sufficient if there is proof of mailing to the last 
address provided by the alien.
      New section 240 restates provisions in current sections 
236 (exclusion proceedings) and 242 and 242B (deportation 
proceedings). Section 240(a) provides that there shall be a 
single proceeding for deciding whether an alien is inadmissible 
under section 212(a) or deportable under section 237 (formerly 
section 241(a)). This subsection shall not affect proceedings 
under new section 235(c) (aliens inadmissible on national 
security grounds), new section 238 (currently section 242A) 
(aliens convicted of aggravated felonies), or new section 
235(b)(1) (arriving aliens, or aliens present in the United 
States without having been admitted or paroled, who are 
inadmissible for fraud or lack of documents).
      Section 240(b) provides that the removal proceeding under 
this section shall be conducted by an immigration judge in 
largely the same manner as currently provided in sections 242 
and 242B. Under paragraph (b)(2), the proceeding may take place 
in person, or through video or telephone conference. (Hearings 
on the merits could be conducted by telephone conference only 
with the consent of the alien). In addition, with the consent 
of the parties, the proceeding may take place in the alien's 
absence. Under paragraph (b)(4), an alien shall have a 
reasonable opportunity to examine the evidence presented 
against the alien, and to cross-examine Government witnesses, 
but not to examine national security information provided in 
opposition to the alien's admission to the United States, or in 
opposition to an alien's application for discretionary relief. 
Under paragraph (b)(5), an alien who fails to appear for a 
hearing may be ordered removed if the Service establishes by 
clear, unequivocal, and convincing evidence that notice under 
section 239 was provided and that the alien is inadmissible or 
deportable. There is no requirement to provide written notice 
if the alien has failed to provide the address required under 
section 239(a)(1)(F). Under paragraph (b)(5)(C), an in absentia 
order can only be rescinded through a motion to reopen filed 
within 180 days if the alien demonstrates that the failure to 
appear was due to exceptional circumstances (as defined in 
section 240(e)), or a motion to reopen filed at any other time 
if the alien demonstrates that the alien either did not receive 
notice of the hearing or was in Federal or State custody and 
could not appear. An alien who fails to appear shall, in the 
absence of exceptional circumstances, be ineligible for 10 
years for any relief under new sections 240A (voluntary 
departure) and 240B (cancellation of removal), and sections 
245, 248, and 249.
      Section 240(c) provides that the immigration judge shall 
make a decision on removability based only upon the evidence at 
the hearing. An alien applicant for admission shall have the 
burden to establish that he or she is beyond doubt entitled to 
be admitted. An alien who is not an applicant for admission 
shall have the burden to establish by clear and convincing 
evidence that he or she is lawfully present in the U.S. 
pursuant to a prior lawful admission. If the alien meets this 
burden, the Service has the burden to establish by clear and 
convincing evidence that the alien is deportable. This 
subsection also clarifies the types of evidence of criminal 
convictions that are admissible in immigration proceedings.
      An alien is limited to one motion to reconsider the 
decision of the immigration judge. Such motion shall be filed 
within 30 days of the final administrative order of removal and 
shall specify the errors of law or fact in the order. An alien 
is limited to one motion to reopen proceedings. Such motion 
shall be filed within 90 days of the final administrative order 
of removal and shall state the new facts to be proven at a 
hearing if the motion is granted. The deadline for a motion to 
reopen may be extended in the case of an application for asylum 
or withholding of removal that is based on new evidence of 
changed country conditions, evidence that was not available at 
the time of the initial hearing. In the case of an in absentia 
order of removal under section 240(b)(5), the deadline for a 
motion to reopen shall be as set forth in section 240(b)(5)(C).
      Section 240(d) provides that the Attorney General shall 
provide by regulation for the entry by an immigration judge of 
an order of removal stipulated to by the alien and the INS. 
Such an order shall be a conclusive determination of the 
alien's removability from the U.S.
      Section 240(e) defines as ``exceptional circumstances'' 
the serious illness of the alien or the serious illness or 
death of the spouse, parent, or child of the alien, and other 
exceptional circumstances that are not less compelling. The 
subsection defines ``removable'' to mean in the case of an 
alien who has not been admitted, that the alien is inadmissible 
under section 212, and in the case of an alien who has been 
admitted, that the alien is deportable under redesignated 
section 237.
      New section 240A establishes revised rules for the type 
of relief that is currently available to excludable and 
deportable aliens under section 212(c) and 244 (a)-(d). Senate 
amendment section 150 recedes to these House provisions, with 
modifications.
      Section 240A(a) provides that the Attorney General may 
cancel removal in the case of an alien lawfully admitted for 
permanent residence for not less than 5 years, if the alien has 
resided in the United States continuously for 7 years since 
being lawfully admitted in any status and has not been 
convicted of an aggravated felony. This provision is intended 
to replace and modify the form of relief now granted under 
section 212(c) of the INA.
      Section 240A(b)(1) provides that the Attorney General may 
cancel removal in the case of an alien who (1) has been 
physically present in the United States for a continuous period 
of at least 10 years immediately preceding the date of applying 
for such relief, (2) has been a person of good moral character, 
(3) has at no time been convicted of an offense that would 
render the alien inadmissible under section 212(a)(2)(A) or 
deportable under redesignated sections 237(a)(2) or 237(a) (3), 
and (4) establishes that removal would result in exceptional 
and extremely unusual hardship to the alien's spouse, parent, 
or child who is a citizen of the United States or an alien 
lawfully admitted for permanent residence.
      Section 240A(b)(1) replaces the relief now available 
under INA section 244(a) (``suspension of deportation''), but 
limits the categories of illegal aliens eligible for such 
relief and the circumstances under which it may be granted. The 
managers have deliberately changed the required showing of 
hardship from ``extreme hardship'' to ``exceptional and 
extremely unusual hardship'' to emphasize that the alien must 
provide evidence of harm to his spouse, parent, or child 
substantially beyond that which ordinarily would be expected to 
result from the alien's deportation. The ``extreme hardship'' 
standard has been weakened by recent administrative decisions 
holding that forced removal of an alien who has become 
``acclimated'' to the United States would constitute a hardship 
sufficient to support a grant of suspension of deportation. See 
Matter of O-J-O-, Int. Dec. 3280 (BIA 1996). Such a ruling 
would be inconsistent with the standard set forth in new 
section 240A(b)(1). Similarly, a showing that an alien's United 
States citizen child would fare less well in the alien's 
country of nationality than in the United States does not 
establish ``exceptional'' or ``extremely unusual'' hardship and 
thus would not support a grant of relief under this provision. 
Our immigration law and policy clearly provide that an alien 
parent may not derive immigration benefits through his or her 
child who is a United States citizen. The availability in truly 
exceptional cases of relief under section 240A(b)(1) must not 
undermine this or other fundamental immigration enforcement 
policies.
      Section 240A(b)(2) restates the provisions in current 
section 244(a)(3), enacted in section 40703(a)(3) of the 
Violent Crime Control and Law Enforcement Act of 1994. It 
provides that the Attorney General may cancel removal if the 
inadmissible or deportable alien has been subjected to extreme 
cruelty in the United States by a spouse or parent who is a 
United States citizen or lawful permanent resident; has been 
physically present in the United States for a continuous period 
of at least 3 years; has been a person of good moral character 
during such period; is not deportable or inadmissible on 
grounds related to criminal activity, national security, or 
marriage fraud; and establishes that removal would result in 
extreme hardship.
      Section 240A(b)(3) states that the Attorney General may 
adjust to the status of an alien lawfully admitted for 
permanent residence an alien who meets the requirements for 
cancellation of removal under section 240A(b) (1) or (2). The 
number of such adjustments shall not exceed 4,000 in any fiscal 
year.
      Section 240A(c) provides that the following categories of 
aliens shall not be eligible for cancellation of removal under 
subsections (a) and (b)(1): an alien who entered as a crewman 
after June 30, 1964; an alien who was admitted as a 
nonimmigrant exchange alien under 101(a)(15)(J) in order to 
receive graduate medical education; an alien who otherwise was 
admitted as a nonimmigrant exchange alien under section 
101(a)(15)(J), is subject to the two-year foreign residence 
requirement of section 212(e), and has not fulfilled that 
requirement or received a waiver; an alien who is inadmissible 
under section 212(a)(3) or deportable under redesignated 
section 237(a)(4) (national security and related grounds); an 
alien who is a persecutor as described in new section 
241(b)(3)(B)(i); or an alien who has previously been granted 
relief under this section, or under INA sections 212(c) or 
244(a) before the effective date of this Act.
      Section 240A(d) provides that the period of continuous 
residence or physical presence ends when an alien is served a 
notice to appear under section 239(a) (for the commencement of 
removal proceedings under section 240), or when the alien is 
convicted of an offense that renders the alien deportable from 
the United States, whichever is earliest. A period of 
continuous physical presence under section 240A(b) is broken if 
the alien has departed from the United States for any period of 
90 days, or for any periods in the aggregate exceeding 180 
days. The continuous physical presence requirement does not 
apply to an alien who has served 24 months in active-duty 
status in the United States armed forces, was in the United 
States at the time of enlistment or induction, and was 
honorably discharged.
      Section 240A(e) limits the granting of cancellation of 
removal and suspension of deportation under current section 244 
to not more than an aggregate total of 4,000 aliens per fiscal 
year. This limitation shall apply regardless of when the alien 
applied for such relief.
      New section 240B establishes new conditions for the 
granting of voluntary departure, currently governed by section 
242(b) and 244(e) of the INA. Senate amendment section 150 
recedes to these House provisions, with modifications.
      Section 240B(a) provides that the Attorney General may 
permit an alien voluntarily to depart the United States at the 
alien's expense in lieu of being subject to removal proceedings 
under section 240 or prior to the completion of such 
proceedings, if the alien is not deportable because of 
conviction for an aggravated felony or on national security and 
related grounds. Permission to depart voluntarily under this 
subsection shall not be valid for a period exceeding 120 days 
and an alien may be required to post a voluntary departure 
bond, to be surrendered upon proof that the alien has departed 
the U.S. within the time specified. No alien arriving in the 
United States for whom removal proceedings under section 240 
are instituted at the time of arrival is eligible for voluntary 
departure under this section. Such an alien may withdraw his or 
her application for admission to the United States in 
accordance with section 235(a)(4).
      Section 240B(b) provides that the Attorney General may 
permit an alien voluntarily to depart the United States at the 
conclusion of proceedings under section 240 if the alien has 
been physically present (before the notice to appear) for at 
least one year in the United States, the alien has been a 
person of good moral character for the 5 years preceding the 
application, the alien is not deportable because of conviction 
for an aggravated felony or on national security and related 
grounds, and 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. The period for voluntary departure 
cannot exceed 60 days and a voluntary departure bond is 
required.
      Section 240B(c) provides that an alien is not eligible 
for voluntary departure if the alien was previously granted 
voluntary departure after having been found inadmissible under 
section 212(a)(6)(A) (present without admission or parole).
      Section 240B(d) provides that if an alien is permitted to 
depart voluntarily and fails to do so, the alien shall be 
subject to a civil penalty of not less than $1,000 nor more 
than $5,000 and shall not be eligible for any further relief 
under this section or sections 240A, 245, 248, or 249 for a 
period of 10 years. The order granting voluntary departure 
shall inform the alien of these penalties.
      Section 240B(e) provides that the Attorney General may by 
regulation limit eligibility for voluntary departure for any 
class or classes of aliens.
      Section 304(c) of this Act amends INA section 242A (to be 
redesignated as section 238) to further streamline procedures 
for administrative deportation of certain criminal aliens.
      Section 305--Senate recedes to House section 305, with 
modifications. Subsection (a) of this section strikes section 
237, redesignates section 241 as section 237, and inserts a new 
section 241.
      New section 241 restates and revises provisions in 
current sections 237, 242, and 243 regarding the detention and 
removal of aliens.
      Section 241(a) provides that the Attorney General shall 
remove an alien within 90 days of the alien being ordered 
removed. This removal period shall begin when the alien's order 
is administratively final, when the alien is released from non-
immigration related detention or confinement, or, if the alien 
has appealed his order to a court and removal has been stayed, 
the date of the court's final order. The removal period is 
extended beyond 90 days if the alien refuses to apply for 
travel documents or takes other steps (other than appeals) to 
prevent removal.
      The alien shall be detained during the removal period. If 
the alien is not removed within 90 days, the alien shall be 
subject to supervision under conditions similar to those 
currently in section 242(d). An alien who has been ordered 
removed may be detained beyond the 90-day period if the alien 
is inadmissible under section 212, is removable under 
redesignated sections 237(a)(1)(c), 237(a)(2), or 237(a)(4), 
or, in the Attorney General's determination, is unlikely to 
comply with the order of removal or is a risk to the community.
      The Attorney General may not remove an alien who is 
sentenced to imprisonment until the alien is released, but 
parole, supervised release, probation, or the possibility of 
arrest are not grounds to defer removal. However, under section 
241(a)(4)(B), an alien may be removed prior to the completion 
of sentence if the alien has been convicted of a nonviolent 
offense (except for certain aggravated felonies) and removal of 
the alien is appropriate and in the best interests of the 
United States or of the State in whose custody the alien is 
held. There is no right of action against the United States or 
any State, or any officials thereof, to compel the release or 
removal of any alien under this provision.
      If an alien reenters the United States illegally after 
having been removed or departed voluntarily under an order of 
removal, the prior order of removal is reinstated and the alien 
shall be removed under the prior order, which shall not be 
subject to review. The alien is not eligible to apply for any 
relief under the INA.
      An alien who is subject to an order of removal may not be 
granted authorization to work in the United States unless there 
is no country willing to accept the alien, or the removal is 
otherwise impracticable or contrary to the public interest.
      Section 241(b) establishes the countries to which an 
alien may be removed. Subsection (b)(1) restates the provisions 
in current section 237(a); subsection (b)(2) restates the 
provisions in current sections 243 (a) and (b). Subsection 
(b)(3) restates, with some modifications, the provisions in 
current section 243(h) regarding withholding of deportation to 
a country where the alien's life or freedom would be 
threatened. Subsection (b)(3)(B) specifies that an alien is 
barred from this form of relief if, having been convicted of a 
particularly serious crime, the alien is a danger to the 
community. An aggravated felony or felonies for which the alien 
has been sentenced to an aggregate of 5 years imprisonment is 
deemed to be such a crime, but the Attorney General retains the 
authority to determine other circumstances in which an alien 
has been convicted of a particularly serious crime, regardless 
of the length of sentence.
      Section 241(c) provides that an alien arriving in the 
United States who is ordered removed shall be removed 
immediately by the vessel or aircraft that brought the alien, 
unless it is impracticable to do so or the alien is a stowaway 
who has been ordered removed by operation of section 235(b)(1) 
but has a pending application for asylum. This subsection also 
restates and revises the provisions in section 237(d) regarding 
stay of removal, and the provisions in section 237(a) regarding 
cost of detention and maintenance pending removal. These 
provisions make it clear that actual physical detention of an 
alien who has been permitted to land in the United States shall 
be the sole responsibility of the Attorney General and shall 
take place in INS facilities or contract facilities, even in 
cases where the liability for cost of detention is assigned to 
a private entity such as a carrier. It is expected that the 
rate of reimbursement charged to the carrier or other entity 
made responsible for the cost of detention of an alien shall be 
at the same per diem rate charged to the government for the 
cost of detention.
      In the case of an alien stowaway, the carrier shall be 
liable for the cost of detention incurred by the Attorney 
General. If the stowaway does not claim asylum, the only task 
is to arrange for the stowaway's departure from the United 
States. This could occur directly on the vessel of arrival, 
particularly in the case of aircraft. Due to commercial 
requirements, safety concerns, and other factors, it is often 
not practicable for the stowaway to be removed on the vessel of 
arrival, particularly in the case of commercial maritime 
vessels. For this reason, section 241(d)(2)(B) provides that an 
alien stowaway may be allowed to land in the United States for 
detention by the Attorney General or departure or removal of 
the stowaway. In such a case, the carrier shall be responsible, 
under section 241(c)(3)(A)(ii)(II), for the cost of detention 
by the Attorney General for the time reasonably necessary to 
arrange for repatriation or removal of the alien, including 
obtaining necessary travel documents. The carrier's liability 
shall not extend beyond the date on which it is ascertained 
that such travel documents cannot be obtained. It is expected 
that the carrier and the INS will work cooperatively in order 
to obtain such travel documents in an expeditious manner. In 
some circumstances, foreign governments do not cooperate in 
issuing such documents. Since circumstances in such cases vary, 
this legislation does not designate a time period beyond which 
the financial responsibility for continued detention shifts 
from the carrier to the INS. It is expected that the INS, 
through regulations or internal policy guidance, will set a 
reasonable time line and other criteria that will be applied 
uniformly in all INS districts. Such guidelines should include 
an obligation on the part of the carrier to continue efforts to 
obtain travel documents and make other arrangements for the 
departure of the stowaway from the United States.
      In the case of a stowaway who has claimed asylum and is 
being detained to pursue an application for asylum, the carrier 
shall be liable, under section 241(c)(3)(A)(ii)(III), for a 
period not to exceed 15 business days, excluding Saturdays, 
Sundays, and holidays. The 15-day period shall begin when the 
alien is determined, under section 235(b)(1), to have a 
credible fear of persecution and thus be eligible to apply for 
asylum, but not later than 72 hours after the actual arrival of 
the stowaway in the U.S. The 72-hour period is intended to 
provide adequate time for the Attorney General to determine if 
the stowaway has a credible fear of persecution and thus will 
be detained by the INS to pursue an asylum application. (As 
stated in new INA section 235(b)(1), this Act intends that the 
credible fear screening process, including administrative 
review, will ordinarily be completed within 24 hours or shortly 
thereafter. Additional time may be required in the case of a 
stowaway because of the unusual and sometimes dangerous 
circumstances in which a stowaway arrives in the United 
States.) Under no circumstances shall the carrier be required 
to reimburse the INS for a period of detention greater than 15 
business days, plus the portion of the initial 72-hour period 
required to determine if the stowaway is eligible to apply for 
asylum. The obligation of the carrier to pay for detention 
costs does not include an obligation for the carrier to pay for 
the cost of translators, legal counsel, or other assistance in 
preparing and presenting the stowaway's claim for asylum. It is 
expected that the INS will adopt, through regulations 
consistent with the provisions of this legislation, clear 
policy guidance regarding the conduct of interviews to 
determine if a stowaway has a credible fear of persecution.
      Section 241(d) restates the provisions in current section 
237(b) requiring the owner of the vessel or aircraft bringing 
an alien to the United States to comply with orders of an 
immigration officer regarding the detention or removal of the 
alien. This subsection also restates the provisions in section 
243(e) that any carrier (not limited to the carrier who has 
brought an alien) comply with an order of the Attorney General 
to remove to a specific destination an alien who has been 
ordered removed.
      Section 241(d) also revises and restates the requirements 
in section 273(d) regarding permission for a stowaway to land 
in the U.S. A carrier who has brought a stowaway shall, pending 
completion of the inspection of the stowaway, detain the 
stowaway on board the vessel or at another place designated by 
the INS. The carrier may not permit the stowaway to land except 
temporarily for medical treatment, for detention of the 
stowaway by the Attorney General, or for departure and removal 
of the stowaway. However, a carrier shall not be required to 
detain a stowaway who has been permitted to remain in the U.S. 
to pursue an application for asylum, who shall be detained by 
the Attorney General subject to the reimbursement requirements 
set forth in section 241(c). Furthermore, the Attorney General 
shall grant a timely request by a carrier to remove the 
stowaway on a vessel other than that on which the alien has 
arrived in the U.S., provided that the carrier pays the cost of 
removal and obtains all necessary travel documents. In this 
way, the stowaway can be rapidly repatriated to the country of 
origin, instead of being forced to remain on the vessel while 
it makes other ports of call.
      Section 241(e) restates the provisions in current 
sections 237(c) and 243(c) regarding the payment of expenses 
for removal of aliens who have been ordered removed.
      Section 241(f) restates the provisions in section 243(f) 
regarding the employment of persons to provide personal care to 
aliens requiring such care during the removal process.
      Section 241(g) amends and restates the authority in 
current section 242(c) for construction and operation of 
detention facilities. The amendment states that before the 
construction of new facilities, the Commissioner of the INS 
shall consider the availability of existing facilities for 
purchase or lease.
      Section 241(h) provides that nothing in section 241 shall 
be construed to create any substantive or procedural right or 
benefit that is legally enforceable against the United States, 
its agencies or officers, or any other person. This provision 
is intended, among other things, to prohibit the litigation of 
claims by aliens who have been ordered removed from the U.S. 
that they be removed at a particular time or to a particular 
place.
      Section 305(b) amends INA section 276(b) to establish a 
penalty of 10 years imprisonment for aliens who reenter the 
United States without authorization after having been removed 
prior to the completion of their term of imprisonment under new 
section 241(a)(4)(B).
      Section 306--Senate amendment sections 141(b) and 142 
recedes to House section 306, with modifications. This section 
amends INA section 242 to revise and restate the provisions in 
current section 106, which is repealed.
      Section 242(a) provides that a final order of removal, 
other than an order or removal under section 235(b)(1), is 
governed by chapter 158 of title 28. This is consistent with 
current section 106(a). This subsection also provides that, 
subject to the conditions stated in new section 242(e), no 
court shall have jurisdiction to review any individual 
determination or cause or claim arising from the implementation 
or operation of an order of removal under INA section 
235(b)(1), or to review, except as provided in subsection (e), 
a decision by the Attorney General to invoke section 235(b)(1), 
the application of such section to individual aliens (including 
the determination under section 235(b)(1)(B) regarding credible 
fear of persecution), or, except as provided in subsection (e), 
procedures and policies to implement section 235(b)(1). 
Individual determinations under section 235(b)(1) may only be 
reviewed under new subsection 242(e) (1)-(2).
      This subsection also bars judicial review (1) of any 
judgment whether to grant relief under section 212 (h) or (i), 
240A, 240B, or 245, (2) of any decision or action of the 
Attorney General which is specified to be in the discretion of 
the Attorney General (except a discretionary judgment whether 
to grant asylum as described in section 242(b)), or (3) of any 
decision in the case of an alien who, by virtue of having 
committed a criminal offense, is inadmissible under section 
212(a)(2) or deportable under redesignated section 237(a)(2) 
(with the exception of section 237(a)(2)(A)(i).
      Section 242(b) provides that a petition for review must 
be filed within 30 days after the final order of removal in the 
Federal court of appeals for the circuit in which the final 
order of removal under section 240 was entered. As provided in 
Senate amendment section 142, the filing of a petition does not 
stay the removal of the alien unless the court orders 
otherwise. As further provided in the Senate amendment, the 
alien shall serve and file a brief not later than 40 days after 
the final administrative record becomes available, and may file 
a reply brief not later than 14 days after service of the brief 
of the Attorney General. These deadlines may be extended for 
good cause. The petition shall be decided solely upon the 
administrative record and the administrative findings of fact 
are conclusive unless any reasonable adjudicator would be 
compelled to conclude to the contrary. A discretionary judgment 
of the Attorney General whether to grant asylum under section 
208 is conclusive unless manifestly contrary to law and an 
abuse of discretion. Judicial review of all questions of law 
and fact, including constitutional and statutory claims, 
arising out of an action to remove an alien from the United 
States, is available only as part of the judicial review of a 
final order of removal under this section.
      Section 242(b) also revises and restates the provisions 
in current section 106 regarding form, service, decisions about 
eligibility for admission, treatment of a petitioner's claim 
that he or she is a national of the United States, 
consolidation of motions to reopen and reconsider with orders 
of removal, challenges to the validity of orders of removal in 
criminal proceedings, and detention and removal of alien 
petitioners.
      Section 242(c) restates the provisions in the second 
sentence of subsection (c) of current section 106 that a 
petition for review must state whether a court has upheld the 
validity of an order of removal, and if so, identifying the 
court and date and type of proceeding.
      Section 242(d) restates the provisions in the first and 
third sentences of subsection (c) of current section 106 
requiring that a petitioner have exhausted administrative 
remedies and precluding a court from reviewing an order of 
removal that has been reviewed by another court absent a 
showing that the prior review was inadequate to address the 
issues presented in the petition, or that the petition presents 
new grounds that could not have been presented in the prior 
proceeding.
      Section 242(e) provides rules for judicial review of 
orders of removal under section 235(b)(1). No court shall have 
jurisdiction or authority to enter declaratory, injunctive, or 
other equitable relief against the operation of section 
235(b)(1) (other than that specifically authorized in this 
subsection), or to certify a class under Rule 23 of the Federal 
Rules of Civil Procedure in any action for which judicial 
review is authorized in this section. Except as provided in 
section 242(e)(3) (see next paragraph), judicial review is 
available in habeas corpus, limited to whether the petitioner 
is an alien, whether the petitioner was ordered removed under 
revised INA section 235(b)(1), and whether the petitioner can 
prove by a preponderance of the evidence that he or she is an 
alien lawfully admitted for permanent residence, or has been 
admitted as a refugee or granted asylum. If the court 
determines that the petitioner was not ordered removed under 
section 235(b)(1) or is an alien lawfully admitted for 
permanent residence or a refugee or asylee, the court may order 
no relief other than to require that the alien be provided a 
hearing under section 240. The habeas corpus proceeding shall 
not address whether the alien actually is admissible or 
entitled to any relief from removal.
      Section 242(e)(3) provides for limited judicial review of 
the validity of procedures under section 235(b)(1). This 
limited provision for judicial review does not extend to 
determinations of credible fear and removability in the case of 
individual aliens, which are not reviewable. Section 242(e)(3) 
provides that judicial review is available only in an action 
instituted in the United States District Court for the District 
of Columbia, and is limited to whether section 235(b)(1), or 
any regulations issued pursuant to that section, is 
constitutional, or whether the regulations, or a written policy 
directive, written policy guidance, or written procedures 
issued by the Attorney General are consistent with the INA or 
other law. Any action seeking such review must be filed within 
60 days of the implementation of the regulations, directive, 
guidance, or procedures.
      Section 242(f) provides that no court other than the 
Supreme Court shall have jurisdiction or authority to enjoin or 
restrain the operation of the provisions in chapter 4 of Title 
II of the INA, as amended by this legislation, other than with 
respect to the application of the provisions to an individual 
alien against whom removal proceedings have been initiated. 
Section 242(g) provides that no court shall have jurisdiction 
to hear any cause or claim on behalf of any alien arising from 
the decision of the Attorney General to commence proceedings, 
adjudicate cases, or execute removal orders against any alien.
      Section 306(b) of this Act repeals INA section 106. 
Section 306(c) establishes that the amendments in subsections 
(a) and (b) shall apply to all final orders of exclusion, 
deportation, or removal, and all motions to reopen or 
reconsider, filed on or after the date of enactment of this 
Act. The jurisdictional bar in new section 242(g) shall apply 
without limitation to all past, pending, or future exclusion, 
deportation, or removal proceedings under the INA. Section 
306(d) makes a technical amendment to sections 440 (a), (c), 
(d), (g), and (h) of the Antiterrorism and Effective Death 
Penalty Act of 1996, Public Law 104-132, 110 Stat. 1214 (April. 
24, 1996) (Public Law 104-132) (``AEDPA''), to clarify the 
circumstances in which aliens with multiple criminal 
convictions are barred from relief or subject to special 
procedures to effect their removal from the United States.
      Section 307--Senate recedes to House section 307. Section 
307(a) amends INA section 243(a) to restate the provisions in 
current INA section 242(e) regarding penalties for failure to 
depart within 90 days of the order of removal. New section 
243(b) restates the provisions in the third (and final) 
sentence of current INA section 242(d) regarding penalties for 
failure to comply with the terms of release under supervision 
pursuant to section 241(a)(3) (currently the first two 
sentences of section 242(d)). New section 243(c) restates the 
provisions in the second and third sentences of current section 
237(d) and the final clause of current section 243(e) regarding 
penalties for failure to comply with an order to remove an 
alien from the United States, including civil money penalties 
and limitations on the clearance of vessels. New section 243(d) 
revises and restates the provisions in current section 243(g) 
regarding sanctions against a country that refuses to accept an 
alien ordered removed who is a citizen, subject, national, or 
resident of that country. Under the amendment, the Secretary of 
State shall order that the issuance of both immigrant and 
nonimmigrant visas to citizens, nationals, subjects, or 
nationals of that country be suspended until the country has 
accepted the alien.
      Section 308--Senate recedes to House section 308. This 
section makes a series of redesignations and conforming 
amendments in addition to those made in other sections. (The 
following list includes amendments made in other sections).
            Current section 232 is redesignated as section 
        232(a).
            Current section 234 is redesignated as section 
        232(b).
            Current section 238 is redesignated as section 233.
            Current section 240 is redesignated as section 
        240C.
            Current section 242A is redesignated as section 
        238, with conforming amendments.
            Current section 242B is stricken.
            Current section 244 is stricken.
            Current section 244A is redesignated as section 
        244.
      The provisions in current section 237(e) regarding the 
removal of an arriving alien who is helpless from sickness or 
mental or physical disorder are restated as a new section 
232(c). Section 212(a)(10)(B), the redesignated ground of 
inadmissibility for an alien who is ordered to accompany such a 
helpless alien during removal, also is amended to conform to 
the amendments in new section 232(c).
      Section 273(a) is amended by adding a new paragraph (2) 
to restate the provisions in current section 237(b)(5) 
prohibiting a carrier from taking any consideration contingent 
on whether an alien is admitted to or ordered removed from the 
U.S. Section 273(d) is repealed.
      Section 309--Senate recedes to House section 309. This 
section establishes general effective dates and transition 
provisions for the amendments made by this subtitle. Subsection 
(a) provides that, except as otherwise provided, the changes 
made in this subtitle shall take effect on the first day of the 
first month beginning more than 180 days after the date of 
enactment. Subsection (b) provides that the Attorney General 
shall promulgate regulations to carry out this subtitle at 
least 1 month before the effective date in subsection (a). 
Subsection (c) provides for the transition to new procedures in 
the case of an alien already in exclusion or deportation 
proceedings on the effective date. In general, the amendments 
made by this subtitle shall not apply and the proceedings 
(including judicial review) shall continue to be conducted 
without regard to such amendments. The Attorney General may 
elect to apply the new procedures in a case in which an 
evidentiary hearing under current section 236 (exclusion) or 
sections 242 and 242B (deportation) has not been commenced as 
of the effective date. The Attorney General shall provide 
notice of such election to the alien, but the prior notice of 
hearing and order to show cause served upon the alien shall be 
effective to retain jurisdiction over the alien.
      The Attorney General also may elect, in a case in which 
there has been no final administrative decision, to terminate 
proceedings without prejudice to the Attorney General's ability 
to initiate new proceedings under the amendments made by this 
subtitle. Determinations in the terminated proceeding shall not 
be binding in the new proceeding.
      This subsection also provides that in the case where a 
final order of exclusion or deportation is entered more than 30 
days after the date of enactment and before the Title III-A 
effective date (180 days after enactment), transitional rules 
similar to those established in section 305 of this Act 
(revised INA section 241) shall apply to petitions for judicial 
review filed prior to the Title III-A effective date. Under 
these transitional rules, all judicial review, both of 
exclusion and deportation decisions, shall be by petition for 
review to the court of appeals for the judicial circuit in 
which the final administrative order was entered. The petition 
for review also must be filed not later than 30 days after the 
final order of exclusion or deportation. The new limitations on 
appeals in the case of claims for discretionary relief or in 
the case of criminal aliens, and the new rule providing for no 
automatic stay of removal, are to take effect in all cases for 
which a final order of exclusion, deportation, or removal is 
entered after the date of enactment. Regardless of the date of 
entry of the final order of exclusion or deportation, if the 
petition for review is filed after the Title III-A effective 
date, then the permanent changes made by section 306 of this 
bill shall apply exclusively to such petition for review.
      The rules under new section 240A(d) (1) and (2) regarding 
continuous physical presence in the United States as a 
criterion for eligibility for cancellation of removal shall 
apply to any notice to appear (including an Order to Show Cause 
under current section 242A) issued after the date of enactment 
of this Act.

                 subtitle b--criminal alien provisions

      Section 321--House section 802 recedes to Senate 
amendment section 161. This section amends INA section 
101(a)(43) (as amended by section 440(e)) of the AEDPA (Public 
Law 104-132)), the definition of ``aggravated felony,'' by: 
adding crimes of rape and sexual abuse of a minor; lowering the 
fine threshold for crimes relating to money laundering and 
certain illegal monetary transactions from $100,000 to $10,000; 
lowering the imprisonment threshold for crimes of theft, 
violence, racketeering, and document fraud from 5 years to 1 
year; and lowering the loss threshold for crimes of tax evasion 
and fraud and deceit from $200,000 to $10,000. This section 
also adds new offenses to the definition relating to gambling, 
bribery, perjury, revealing the identity of undercover agents, 
and transporting prostitutes. It deletes the requirement that a 
crime of alien smuggling be for commercial advantage in order 
to be considered an aggravated felony, but exempts a first 
offense involving solely the alien's spouse, child or parent. 
The amendment provides that the amended definition of 
``aggravated felony'' applies to offenses that occurred before, 
on, or after the date of enactment.
      This section also provides, in section 321(c), that there 
shall be no ex post facto application of this amended 
definition in the case of prosecutions under INA section 276(b) 
(for illegal re-entry into the United States after deportation 
when the deportation was subsequent to a conviction for an 
aggravated felony). Thus, an alien whose deportation followed 
conviction for a crime or crimes, none of which met the 
definition of aggravated felony under INA section 101(a)(43) 
prior to the enactment of this bill, but at least one of which 
did meet the definition after such enactment, may only be 
prosecuted under INA section 276(b) for an illegal entry that 
occurs on or after the date of enactment of this bill.
      Section 322--Senate recedes to House section 351. This 
section amends section 101(a) of the INA to add a new paragraph 
(48), defining conviction to mean a formal judgment of guilt 
entered by a court. If adjudication of guilt has been withheld, 
a judgment is nevertheless considered a conviction if (1) the 
judge or jury has found the alien guilty or the alien has 
pleaded guilty or nolo contendere and (2) the judge has imposed 
some form of punishment or restraint on liberty. This section 
also provides that any reference in the INA to a term of 
imprisonment or sentence shall include any period of 
incarceration or confinement ordered by a court of law 
regardless of any suspension of the imposition or execution of 
that imprisonment or sentence.
      This section deliberately broadens the scope of the 
definition of ``conviction'' beyond that adopted by the Board 
of Immigration Appeals in Matter of Ozkok, 19 I&N; Dec. 546 (BIA 
1988). As the Board noted in Ozkok, there exist in the various 
States a myriad of provisions for ameliorating the effects of a 
conviction. As a result, aliens who have clearly been guilty of 
criminal behavior and whom Congress intended to be considered 
``convicted'' have escaped the immigration consequences 
normally attendant upon a conviction. Ozkok, while making it 
more difficult for alien criminals to escape such consequences, 
does not go far enough to address situations where a judgment 
of guilt or imposition of sentence is suspended, conditioned 
upon the alien's future good behavior. For example, the third 
prong of Ozkok requires that a judgment or adjudication of 
guilt may be entered if the alien violates a term or condition 
of probation, without the need for any further proceedings 
regarding guilt or innocence on the original charge. In some 
States, adjudication may be ``deferred'' upon a finding or 
confession of guilt, and a final judgment of guilt may not be 
imposed if the alien violates probation until there is an 
additional proceeding regarding the alien's guilt or innocence. 
In such cases, the third prong of the Ozkok definition prevents 
the original finding or confession of guilt to be considered a 
``conviction'' for deportation purposes. This new provision, by 
removing the third prong of Ozkok, clarifies Congressional 
intent that even in cases where adjudication is ``deferred,'' 
the original finding or confession of guilt is sufficient to 
establish a ``conviction'' for purposes of the immigration 
laws. In addition, this new definition clarifies that in cases 
where immigration consequences attach depending upon the length 
of a term of sentence, any court-ordered sentence is considered 
to be ``actually imposed,'' including where the court has 
suspended the imposition of the sentence. The purpose of this 
provision is to overturn current administrative rulings holding 
that a sentence is not ``actually imposed'' in such cases. See 
Matter of Castro, 19 I&N; Dec. 692 (BIA 1988); In re Esposito, 
Int. Dec. 3243 (BIA, March 30, 1995).
      Section 323--Senate recedes to House section 363. This 
section amends section 263(a) to authorize the registration by 
the Attorney General of aliens who are or who have been on 
criminal probation or criminal parole within the U.S.
      Section 324--House recedes to Senate amendment section 
156(b). This section amends INA section 276(a)(1) to extend 
criminal liability for an alien who reenters the United States 
without authorization to an alien who has departed the United 
States while an order of exclusion or deportation is 
outstanding.
      Section 325--House recedes to Senate amendment section 
170B. This section amends section 2424 of title 18 to expand 
the registration requirements for those who control or harbor 
alien prostitutes to require earlier filing and to cover aliens 
of all nationalities.
      Section 326--Senate recedes to House section 361. This 
section amends section 130002(a) of the Violent Crimes Control 
and Law Enforcement Act of 1994 (VCCLEA) to require that the 
criminal alien identification system be used to assist Federal, 
State, and local law enforcement agencies in identifying and 
locating aliens who may be removable on account of criminal or 
other grounds. The system shall provide for recording of 
fingerprints of aliens previously arrested and removed into 
appropriate automated identification systems.
      Section 327--House recedes to Senate amendment section 
313. This section amends section 130002(b) of VCCLEA (criminal 
alien tracking center) to establish an authorization for 
appropriations of $5 million per year for each of fiscal years 
1997 through 2001.
      Section 328--Senate recedes to House section 305(b) and 
843, with modifications. This section amends redesignated INA 
section 241(i) to provide that funds under the State Criminal 
Alien Assistance Program may be used for the costs of 
imprisonment of criminal aliens in a State or local prison or 
jail, including a jail operated by a municipality. This section 
also states the sense of Congress that SCAAP funds be 
distributed on a more expeditious basis. The managers 
anticipate that States will consult with counties and 
municipalities regarding their respective costs of detaining 
illegal aliens.
      Section 329--Senate amendment section 170D recedes to 
House section 356. This section provides authorization for the 
Attorney General to conduct a 6-month pilot project to identify 
criminal aliens incarcerated in local governmental prison 
facilities in Anaheim, California.
      Section 330--House section 360 recedes to Senate 
amendment section 170. This section advises the President to 
negotiate and renegotiate bilateral prisoner transfer treaties 
to expedite the transfer to their countries of nationality of 
aliens subject to incarceration who are unlawfully in the 
United States or are subject to deportation or removal. The 
negotiations are to ensure that a transferred prisoner serves 
the balance of the sentence imposed by the United States, and 
to eliminate any requirement of prisoner consent to such 
transfer. The President shall submit an annual certification to 
the Committees on the Judiciary of the Senate and the House of 
Representatives, on whether each prisoner transfer treaty in 
force is effective in returning criminal aliens to their 
countries of nationality.
      Section 331--House recedes to Senate amendment section 
170A. This section requires the Secretary of State and Attorney 
General, within 180 days of the date of enactment, to submit to 
the Committees on the Judiciary of the Senate and the House of 
Representatives a report describing the use and effectiveness 
of the prisoner transfer treaties with the three countries with 
the greatest number of their nationals incarcerated in the 
United States. This section specifies information that shall be 
provided in such report, and requires the report to include 
recommendations to increase the effectiveness and use of, and 
compliance with, such treaties.
      Section 332--House recedes to Senate amendment section 
168. This section requires the Attorney General, not later than 
12 months after the date of enactment, to issue a report 
detailing populations of alien felons incarcerated in Federal 
and State prisons, and programs and plans to remove such aliens 
who are inadmissible or deportable, and to prevent their 
illegal reentry into the United States.
      Section 333--House recedes to Senate amendment section 
320. This section requires the United States Sentencing 
Commission to review and amend current guidelines applicable to 
offenders convicted of conspiring with or aiding and abetting 
an alien in committing an offense under section 1010 of the 
Controlled Substance Import and Export Act (21 U.S.C. 960).
      Section 334--Senate recedes to House section 357. House 
recedes to Senate amendment section 156(b). This section 
instructs the Sentencing Commission to promptly promulgate 
amendments to the sentencing guidelines to reflect the 
amendments made in section 130001 and 130009 of the Violent 
Crime Control and Law Enforcement Act of 1994.

     Subtitle C--Revision of Grounds for Exclusion and Deportation

      Section 341--Senate recedes to House section 301(f). This 
subsection amends INA section 212(a)(1)(A) by adding a new 
clause (ii), making inadmissible any alien who seeks admission 
as an immigrant who does not present evidence of vaccination 
against mumps, measles, rubella, polio, tetanus and diphtheria 
toxoids, pertussis, influenza type B and hepatitis B, and any 
other vaccinations recommended by the Advisory Committee for 
Immunization Practices. This subsection also provides that this 
new ground of inadmissibility may be waived if the alien 
receives the required vaccination, if a civil surgeon or 
similar official designated in 42 CFR 34.2 certifies that the 
vaccination would not be medically appropriate, or, if the 
vaccination would be contrary to the alien's religious or moral 
beliefs. It is anticipated that this waiver authority would be 
exercised in appropriate cases to permit admission of aliens 
where, for example, an alien has been unable to receive a safe 
dosage or vaccine in the alien's country of nationality, the 
alien is a child who is required to complete a series of 
vaccinations over a course of time and has not had a reasonable 
opportunity to complete that course, or the alien is an active 
member of a religious faith that notifies the Attorney General 
that such vaccinations would contradict the fundamental tenets 
of such religion.
      Section 342--House recedes to Senate section 158. This 
section amends the terrorist exclusion ground, section 
212(a)(3)(B), to make inadmissible an alien who, with the 
intent to cause death or serious bodily harm, has incited 
terrorist activity.
      Section 343--House section 811 recedes to Senate 
amendment section 155. This section amends section 212(a)(5) to 
make inadmissible to the United States any alien seeking 
admission for employment as a health-care worker unless the 
alien presents a certificate from the Commission on Graduates 
of Foreign Nursing Schools or an equivalent independent 
credentialing organization (approved by the Attorney General in 
consultation with the Secretary of Health and Human Services) 
verifying the alien's training, licensing, and experience, as 
well as a level of competency in English appropriate to the 
position in which the alien will be employed.
      Notwithstanding any international trade agreements or 
treaties, a ``health care worker'' subject to prescreening 
under this section should include any alien seeking an 
immigrant or nonimmigrant visa as a nurse, physical therapist, 
occupational therapist, speech-language pathologist, medical 
technologist and technician, physician assistant, or other 
occupations designated in regulations. The Attorney General 
should not approve a credentialing organization unless the 
organization is independent and free of material conflicts of 
interest regarding whether an alien receives a visa. The 
organization also should demonstrate an ability to evaluate 
both the foreign credentials appropriate for the profession and 
the results of examinations for proficiency in English 
appropriate for the health care of the kind in which the alien 
will be engaged, and maintain comprehensive and current 
information on foreign educational institutions, ministries of 
health and foreign health care licensing jurisdictions. In 
addition, because this provision contemplates that alien 
health-care workers be screened before they arrive in the 
United States, such organizations should demonstrate an ability 
to conduct examinations outside the United States.
      Section 344--House recedes to Senate amendment section 
216. This section amends INA section 212(a)(6)(C) and 241(a)(3) 
to create new grounds of inadmissibility and deportability in 
the case of an alien who falsely represents himself to be a 
citizen of the United States.
      Section 345--Senate recedes to House section 362, with 
modifications. Subsection (a) of this section amends 
subparagraph 212(a)(6)(F) and adds a new paragraph 212(d)(12), 
to provide that an alien who is inadmissible for having been 
subject to a final order for a violation of section 274C (civil 
document fraud) may have the ground of inadmissibility waived 
if the alien is a lawful permanent resident or an alien seeking 
admission as a family-sponsored or employment-based immigrant, 
and, if no civil money penalty had been imposed, the final 
order resulted from an offense that was committed solely to 
assist an individual who at the time of the document fraud 
offense was the alien's spouse or child (and not another 
individual). This statutory language makes clear that the 
family relationship must exist at the time of the civil 
document fraud offense, not merely at the time the application 
for the waiver is filed.
      Subsection (b) amends subparagraph 241(a)(3)(C) (prior to 
redesignation as section 237(a)(3)(C)) to provide a similar 
waiver for an alien who is deportable due to a section 274C 
violation. The same limitations on family relationship are to 
apply. No court shall have jurisdiction to review a decision 
whether or not to grant a waiver under either of these 
subsections.
      Section 346--House recedes to Senate amendment section 
214(b), with modifications. This section amends INA section 
212(a)(6) to add a new subparagraph (G), making inadmissible 
for 5 years any alien who obtains a visa as a nonimmigrant 
student under section 101(a)(15)(F)(i) and who violates a term 
or condition of the nonimmigrant status.
      Section 347--House recedes to Senate amendment sections 
217(b) and 217(c). This section adds new sections 212(a)(10)(F) 
and 241(a)(7) creating, respectively, new grounds of 
inadmissibility and deportability in the case of an alien who 
has voted in an election in violation of any Federal, State, or 
local constitutional provision, statute, ordinance, or 
regulation.
      Section 348--Senate recedes to House section 301(h), with 
modifications. This section amends INA section 212(h) to limit 
waivers granted under that provision in the case of an 
immigrant previously admitted to the United States. An alien is 
ineligible for such a waiver if, since admission as a lawful 
permanent resident, the alien has been convicted of an 
aggravated felony, or if the alien has not lawfully resided in 
the United States for a continuous period of 7 years prior to 
notification to the alien of the initiation of proceedings to 
remove the alien from the United States. The managers intend 
that the provisions governing continuous residence set forth in 
INA section 240A as enacted by this legislation shall be 
applied as well for purposes of waivers under INA section 
212(h).
      Section 349--Senate recedes to House section 301(d), with 
modifications. This subsection revises INA section 212(i) to 
provide that the ground of inadmissibility under section 
212(a)(6)(C) (fraud and misrepresentation) may be waived in the 
case of a spouse, son, or daughter of a United States citizen 
or of a lawful permanent resident, if the refusal of admission 
would result in extreme hardship to the citizen or lawfully 
resident spouse or parent. No court shall have jurisdiction to 
review a decision regarding such a waiver.
      Section 350--House recedes to Senate amendment section 
218 with modifications. This section amends INA section 
241(a)(2) (prior to redesignation as section 237(a)(2)) to 
provide that an alien convicted of crimes of domestic violence, 
stalking, or child abuse is deportable. The crimes of rape and 
sexual abuse of a minor are elsewhere classified as aggravated 
felonies under INA section 101(a)(43), thus making aliens 
convicted of those crimes deportable and ineligible for most 
forms of immigration benefits or relief from deportation.
      Section 351--This section amends INA sections 212(d)(11) 
and 241(a)(1)(E)(iii), regarding waivers, respectively, of 
excludability and deportability in the case of an alien who has 
engaged in alien smuggling if the act of smuggling was solely 
to aid certain close family members. The amendment clarifies 
that the family relationship must exist at the time of the act 
of smuggling. Thus, an alien does not qualify for the waiver if 
the spousal or parent-child relationship is established after 
the offense, but prior to the date of application for the 
waiver. The managers specifically disapprove of and intend to 
override the recent contrary holding of the Board of 
Immigration Appeals. See Matter of Farias, Int. Dec. 3269 (BIA 
1996).
      Section 352--Senate recedes to House section 301(e), with 
modification to make the ground of inadmissibility applicable 
to those who renounce citizenship after enactment.
      Section 353--This section identifies other sections of 
this Act that make changes to grounds of inadmissibility or 
deportability.

                Subtitle D--Removal of Alien Terrorists

      Section 354--Senate recedes to House section 321, with 
modifications. This section amends INA section 504, as enacted 
by section 401 of AEDPA (Public Law 104-132), to provide, among 
other things, that the special deportation procedures employed 
in the case of an alien terrorist may proceed in the event that 
no summary of classified evidence being used against the alien 
can be provided to the alien without disclosing classified 
information. In such circumstances, a special attorney shall be 
appointed for the alien (in addition to the attorney who may 
have been appointed to represent the alien in the main 
proceedings). The special attorney shall be entitled to review 
the classified evidence that is not disclosed or summarized for 
the alien, but may not disclose that information to any other 
person, including to the alien.
      Section 355--Senate recedes to House section 331, with 
modifications. This section amends INA section 
212(a)(3)(B)(i)(IV) as inserted by section 411(1)(C) of AEDPA 
to clarify that when a member of an organization which engages 
in or actively supports or advocates terrorist activity is 
excludable from the United States.
      Section 356--Senate recedes to House section 331, with 
modifications. This section amends section 219(b), as added by 
section 302(a) of AEDPA, to clarify the standard for judicial 
review of a designation of an organization as a terrorist 
organization.
      Section 357--Senate recedes to House section 332. This 
section clarifies that relief under INA section 244(e)(2) 
(voluntary departure) is not available to an alien in 
proceedings under Title V of the INA, as inserted by AEDPA.
      Section 358--This section provides that the effective 
date for the provisions in this subtitle shall be effective as 
if included in the enactment of subtitle A of title IV of 
AEDPA, as enacted on April 24, 1996.

                  Subtitle E--Transportation of Aliens

      Section 361--Senate amendment section 151(a) recedes to 
House section 341. This section amends INA section 101 to add a 
new paragraph (47), defining ``stowaway'' to mean any alien who 
obtains transportation without consent including through 
concealment. A passenger who boards with a valid ticket is not 
to be considered a stowaway.
      Section 362--Senate recedes to House amendment section 
343. This section amends INA section 238, before redesignation 
as section 233, to clarify that the authority of the INS to 
enter into contracts with carriers who transport aliens to the 
United States applies regardless of the point of departure of 
such aliens, and is not limited to departures from contiguous 
territories. The authority also is extended to cover 
transportation by rail.

                   Subtitle F--Additional Provisions

      Section 371--Senate amendment section 183 recedes to 
House section 352, with modifications. Subsection (a) amends 
paragraph (4) of section 101(b) to replace the definition of 
``special inquiry officer'' with a definition of ``immigration 
judge'': an attorney designated by the Attorney General as an 
administrative judge within the Executive Office for 
Immigration Review to conduct proceedings, including 
proceedings under section 240. Subsection (b) substitutes the 
term ``immigration judge'' for ``special inquiry officer'' 
wherever it appears in the INA.
       Subsection (c) establishes a four-level pay scale for 
immigration judges, beginning at 70 percent and reaching 92 
percent of the next-to-highest rate of basic pay for the Senior 
Executive Service.
      Section 372--House recedes to Senate amendment section 
171(c). This section amends INA section 103(a) to provide that 
in the event of a mass influx of aliens off the coast of the 
United States or at a land border, the Attorney General may 
authorize a State or local law enforcement officer, with the 
consent of the officer's superiors, to perform duties of 
immigration officers under the INA.
      Section 373--House recedes to Senate amendment section 
329. This section amends INA section 103(a) to clarify the 
authority of the Attorney General to use appropriated funds for 
the care and security of individuals detained by the Service 
through agreements with State and local governments. This 
provision also grants authority for the Attorney General to 
contract with State and local authorities for construction, 
renovation, and acquisition of equipment in support of the 
detention of aliens held by the INS in State and local 
facilities.
      Section 374--House recedes to Senate amendment section 
165(a)(2)(A), with modifications, and Senate amendment section 
167. This section extends the authority for judicial 
deportation under INA section 242A(c) (redesignated as section 
238(c)) to any case in which an alien is deportable. This 
section also clarifies that no denial of a request for a 
judicial order of deportation (including a decision on the 
merits) shall preclude the Attorney General from initiating 
deportation proceedings before an immigration judge on the same 
or different ground of deportability. Finally, this section 
permits the entry of a stipulated order of deportation as part 
of a plea agreement.
      Section 375--House recedes to Senate amendment section 
181. This section amends INA section 245(c) to make ineligible 
for adjustment of status aliens who are not in lawful 
nonimmigrant status, who have violated the terms of their 
nonimmigrant visa, or who have engaged in unauthorized 
employment.
      Section 376--Senate recedes to House section 808, with 
modifications. This section amends INA section 245(i) to 
provide that an alien applying for adjustment of status under 
this provision shall pay a fee of $1,000, not less than $800 of 
which shall be paid into an Immigration Detention Account. This 
section also amends INA section 286 to provide for creation and 
operation of the Immigration Detention Account.
      Section 377--House recedes to Senate amendment section 
180. This section amends INA section 245A to put an end to 
litigation seeking to extend the amnesty provisions of the 
Immigration Reform and Control Act of 1986, and to limit claims 
under that section to aliens who in fact filed an application 
for legalization under that section within the prescribed time 
limits, or attempted to do so but their application was refused 
by an immigration officer.
      Section 378--Senate amendment section 176 recedes to 
House section 353. This section amends section 246(a) of the 
INA to clarify that the Attorney General is not required to 
rescind the lawful permanent resident status of a deportable 
alien separate and apart from the removal proceeding under 
section 240.
      Section 379--House recedes to Senate amendment section 
323, with modifications. This section amends sections 274A and 
274C to clarify when the decision and order of an 
administrative law judge under these sections becomes final.
      Section 380--Senate amendment section 143(a) recedes to 
House section 354. This section adds a new section 274D to the 
INA, providing that aliens under an order of removal who 
willfully fail to depart or to take actions necessary to permit 
departure (e.g., apply for travel documents) are subject to a 
civil penalty of up to $500 for each day in violation. This 
section would not diminish the criminal penalties at section 
243(a) (for failure to depart) or at any other section of the 
INA.
      Section 381--Senate recedes to House section 355. This 
section clarifies that the grant of jurisdiction under section 
279 of the INA is to permit the Government to institute 
lawsuits for enforcement of provisions of the INA, not for 
private parties to sue the Government. This has no effect on 
other statutory or constitutional grounds for private suits 
against the Government.
      Section 382--Senate recedes to House section 359. This 
section amends section 280(b) to provide for establishment of 
an Immigration Enforcement Account, into which shall be 
deposited the civil penalties collected under sections 240B(d), 
274C, 274D, and 275(b), as amended by this bill. The collected 
funds shall be used for specified immigration enforcement 
purposes.
      Section 383--House recedes to Senate amendment section 
319, with modifications. This section amends section 301 of the 
Immigration Act of 1990 to exclude from ``family unity'' 
protection aliens who have committed certain serious offenses 
while juveniles.
      Section 384--Senate amendment section 331 recedes to 
House section 364, with modifications. This section provides 
that the Attorney General shall not make an adverse 
determination of admissibility or deportability against an 
alien or an alien's child, using information furnished solely 
by certain individuals who have battered or subjected to 
extreme cruelty that alien or that alien's child, unless the 
alien has been convicted of a crime identified in redesignated 
section 237(a)(2). Neither shall the Attorney General permit 
use by, or disclosure to any person (other than an officer of 
the Department of Justice for official and certain other 
designated purposes) of any information that relates to an 
alien who is the beneficiary of an application for relief 
(which has not been denied) under section 204(a)(1) (A) and (B) 
(self-petition for immigrant visa by alien who has been 
battered or subject to extreme cruelty), section 216(c)(4)(C) 
(hardship waiver allowing removal of conditional permanent 
resident status based on qualifying marriage because alien 
spouse or child has been subject to battery or extreme 
cruelty), or section 244(a)(3) (suspension of deportation for 
alien spouse or child who has been subject to battery or 
extreme cruelty). Civil penalties are established for willful 
violations.
      Section 385--Senate amendment section 148 recedes to 
House section 358. This section authorizes to be appropriated 
beginning in fiscal year 1996 the sum of $150,000,000 for costs 
associated with the removal of inadmissible or deportable 
aliens, including costs of detention of such aliens pending 
their removal. This section is intended to authorize sufficient 
funds in fiscal year 1996 for the hiring of 475 detention and 
deportation officers and support personnel and 475 
investigators and support personnel.
      Section 386--Subsection (a): House section 303(b) recedes 
to Senate amendment section 106. This section requires, subject 
to appropriations, an increase in INS detention facilities to 
9,000 beds by the end of FY 1997. Subsection (b): House recedes 
to Senate amendment section 182, with modifications. This 
subsection requires that within 6 months of the date of 
enactment, and every 6 months thereafter, the Attorney General 
shall submit a report to the Committees on the Judiciary of the 
Senate and the House of Representatives estimating the amount 
of detention space that will be required in the current fiscal 
year, and in each of the succeeding 5 fiscal years, to detain 
all aliens required to be detained under INA sections 236(c) 
(as amended by section 303(a) of this Act) and 241(a) (as 
amended by section 305(a) of this Act), to detain other illegal 
aliens in accordance with the detention priorities of the 
Attorney General, and to detain all inadmissible and deportable 
aliens subject to proceedings under INA sections 235(b) (1) or 
(2), 238, and 240. The report also shall include other 
specified information regarding the release of criminal aliens 
and other illegal aliens into the community.
      Section 387--Senate amendment section 153 recedes to 
House section 112. This subsection requires a pilot program to 
determine the feasibility of using military bases available as 
a result of base closure laws as INS detention centers, and 
specifies that in selecting real property at a military base 
for such purpose, the Attorney General and Secretary of Defense 
consult with the redevelopment authority established for the 
base and give substantial deference to the redevelopment plan 
for the base. This section also requires a report not less than 
30 months after enactment to the Committees on the Judiciary of 
the House of Representatives and the Senate on the feasibility 
of using closed military facilities as INS detention centers.
      Section 388--Section 437 of AEDPA (Public Law 104-132), 
requires the Attorney General to implement within 180 days of 
enactment a program to repatriate aliens who have illegally 
entered the United States not less than 3 times, and who are 
being removed to a country contiguous to the United States, to 
a location not less than 500 kilometers from that country's 
border with the United States. In light of this enactment, the 
pilot programs in House section 111 and Senate amendment 
section 152 are unnecessary. The Senate recedes to House 
section 111(b), requiring a report to the Committees on the 
Judiciary of the House of Representatives and Senate regarding 
interior repatriation, with modification to refer to the 
mandate in section 437 of AEDPA.

        Title IV--Enforcement of Restrictions Against Employment

   Subtitle A--Pilot Programs for Employment Eligibility Confirmation

      Sections 401 through 405--Senate amendment sections 111-
115 recede to House section 401, with modifications. Subtitle A 
sets up three pilot programs of employment eligibility 
confirmation which will last four years each. These programs 
generally will be operated according to the pilot program 
procedures set out in House section 401. Participation in the 
pilot programs will be voluntary on the part of employers, 
except with regard to the executive and legislative branches of 
the Federal Government and certain employers who have been 
found to be in violation of certain sections of the Immigration 
and Nationality Act. Volunteer employers may have their 
elections apply to all hiring in all State(s) in which a pilot 
program is operating, or to their hiring in only one or more 
pilot program States or places of hiring within any such 
States. The Attorney General may reject elections or limit 
their applicability where the pilot program would have 
insufficient resources available to allow the company to 
participate in the pilot to the extent desired. The Attorney 
General may permit a participating employer to have its 
election apply to hiring in States in which the chosen pilot 
program is not otherwise operating (if the State meets the 
requirements of the pilot program). If an electing employer 
fails to comply with its obligations under a pilot program, 
such as by not complying with the program requirements for all 
new employees covered by its election, the Attorney General may 
terminate the employer's participation in the pilot program. An 
employer may also choose to terminate its participation (in 
such form and manner as the Attorney General may specify). If 
an employer required to participate in a pilot program fails to 
comply, such failure will be treated as a paperwork violation 
of the Immigration and Nationality Act's employment 
verification requirement, and a rebuttable presumption will 
arise that the employer has hired aliens knowing that they are 
unauthorized to work in the United States.
      An employer participating in a pilot program who receives 
confirmation of an employee's identity and employment 
eligibility under the program will benefit from a rebuttable 
presumption that the employer has not hired an alien knowing 
the alien is unauthorized to work. Also, the Attorney General 
shall designate one or more individuals in each INS District 
Office for a Service District in which a pilot program is being 
implemented to assist employers in electing and participating 
in the program, and in more generally complying with INA 
section 274A.
      The first pilot program, the basic pilot program, 
originates in House section 401. Employers in (at a minimum) 
five of the seven States with the highest number of illegal 
aliens may elect to participate. As under current law, the 
employer will have to complete the document review process 
described in INA section 274A(b) (as modified to increase the 
reliability of identification documents). However, if the 
Attorney General determines that an employer participating in 
this (or either of the other two) pilot program(s) can reliably 
determine a new employee's identity and authorization to work 
in the United States relying only on the pilot program 
procedures (discussed below) and a document review process 
including only documents confirming identity, the Attorney 
General can exempt participating employers from having to 
review documents confirming employment authorization.
      Under the basic pilot program, employers would then make 
inquiries (within three days of hire) to the Attorney General 
(or a designee) by means of toll-free telephone line or other 
toll-free electronic media to seek confirmation of the identity 
and employment eligibility of new employees. Employers would be 
given additional time to make inquiries in situations where the 
confirmation system did not receive their initial inquiry, for 
instance because the system's phone lines were overloaded or 
out of operation. While the pilot program could not require 
that participating employers pay any fee to participate, 
employers would be responsible for providing the equipment 
needed to make inquiries. In most cases, this would simply be a 
telephone. However, if an employer wanted to use, for instance, 
a computer and modem to make large numbers of inquiries at 
once, the employer would have to provide such equipment. When 
making an inquiry, an employer would provide a new employee's 
name and social security number (and, if the employee had not 
attested to being a citizen, the employee's INS-issued number).
      Through the confirmation system, this information 
provided in the inquiry will be checked against existing 
Federal Government records in order to provide (or not provide) 
confirmation of identity and work authorization. No new types 
of records will be added to government databases. The 
confirmation system will respond within three days of an 
inquiry--either by providing confirmation of the employee's 
identity and authorization to work or by providing a tentative 
nonconfirmation (in both cases, an appropriate code will be 
provided the employer by the system). After being notified of 
the tentative nonconfirmation, the employee can chose to 
contest or not contest the finding. If the employee does not 
contest the finding, the non-confirmation is considered final. 
If the employee does contest the finding, he or she--within a 
10-day secondary verification period--will communicate with the 
Commissioner of Social Security and/or the Commissioner of the 
Immigration and Naturalization Service to resolve those issues 
preventing the confirmation system from confirming the 
employee's identity and work authorization. By the end of the 
secondary verification period, the confirmation system must 
provide either a final confirmation or a final nonconfirmation 
(and appropriate code) to the employer. An employer shall not 
terminate employment of an employee because of a failure to 
have identity and work authorization confirmed under the pilot 
program until a nonconfirmation becomes final. However, the 
employer can terminate the employee for other reasons (as 
consistent with applicable law), such as the failure of the 
employee to show up for work following a tentative 
nonconfirmation.
      An employer, once provided with final nonconfirmation 
with regard to an employee, may either terminate the individual 
or continue his or her employment. If the employer continues to 
employ the individual, the employer must notify the Attorney 
General of this decision. Failure to notify will be deemed to 
be a paperwork violation and will be subject to enhanced 
paperwork violation penalties. Also, if the employer continues 
employment, a rebuttable presumption is created that the 
employer has hired the employee knowing the employee is 
unauthorized to work in the United States. The option of 
continued employment is only intended for the rare circumstance 
where an employer has knowledge independent of the confirmation 
process that the employee is eligible to work in the United 
States--such as knowing the employee since childhood.
       The second pilot program, the citizenship-attestation 
pilot program, originated in Senate amendment section 
112(a)(2)(G). It will operate in at least 5 States or, if 
fewer, all of the States that issue driver's licenses and 
identification cards with enhanced security features and 
procedures. However, employers can only participate in this 
pilot program in the sole discretion of the Attorney General. 
It will operate like the basic pilot program, with one 
important modification. If an employee attests to being a 
citizen, the employer is not required to (1) review documents 
confirming employment authorization when completing the 274A(b) 
document review process, or (2) make an inquiry through the 
confirmation system. This pilot program is designed to make the 
hiring process as easy and pitfall-free as possible for 
citizens and their employers. Its success depends in part on 
the effectiveness of this Act's heightened penalties for 
falsely attesting to U.S. citizenship.
       A variation of the citizen-attestation pilot project 
will be open to election by a maximum of 1,000 employers chosen 
by the Attorney General. Under this program, employers do not 
have to comply with any part of the 274A(b) document review 
process with regard to new employees who attest to being 
citizens. Otherwise, the program is identical in nature to the 
citizen-attestation pilot program.
      The third pilot program, the machine-readable document 
pilot program, originates in Senate section 112(a)(2)(F). It 
will operate as does the basic pilot program, except that if 
the new employee presents a State-issued identification 
document or driver's license that includes a machine-readable 
social security number, the employer will make an inquiry 
through the confirmation system by using a machine-readable 
feature of such document. The employer would have to procure 
the device needed to read the machine-readable document and to 
supply the information needed for the inquiry through the 
machine-readable feature of the document. Since the Social 
Security Administration does not keep up-to-date records of the 
employment eligibility of aliens, those employees who do not 
attest to citizenship will also have to provide their INS-
issued numbers, which the employers will pass on when making 
inquiries through the confirmation system. Employees not 
possessing machine-readable documents will be confirmed as 
under the basic pilot program.
       The machine-readable document pilot program is of course 
limited by the number of States which issue such enhanced 
documents and the fact that even in such States, not all 
individuals will have the machine-readable documents. Thus, it 
will only operate in at least 5 of the States (or, if fewer, 
all of the States) which issue driver's licenses and other 
identification documents with a machine-readable social 
security number (which need not be visible on the card). States 
are encouraged to issue such documents since use of machine-
readable documents makes the confirmation process simpler and 
provides additional assurance that the documents are genuine.
       Employers participating in any of the pilot programs are 
shielded from civil or criminal liability for actions taken in 
good faith reliance on information provided through the 
confirmation system--such as firing a new employee after 
receiving a final nonconfirmation of identity and/or work 
authorization through the confirmation system or continuing to 
employ an employee after receiving final confirmation.
       Nothing in Subtitle A shall be construed to permit the 
Federal Government to utilize any information, data base, or 
other records assembled under the subtitle for any purpose 
other than as provided for under one of the three pilot 
programs. In addition, nothing in the subtitle shall be 
construed to authorize the issuance or use of national 
identification cards or the establishment of a national 
identification card. The confirmation system shall be designed 
and operated to, among other things, maximize its reliability 
and ease of use consistent with insulating and protecting the 
privacy and security of the underlying information, prevent the 
unauthorized disclosure of personal information, and ensure 
that the system not result in unlawful discriminatory practices 
based on national origin or citizenship status. Finally, the 
INS and Social Security Administration shall update their 
information in a manner that promotes maximum accuracy and 
shall provide a process for the prompt correction of erroneous 
information.

       Subtitle B--Other Provisions Relating to Employer Sanctions

       Section 411--Senate recedes to House section 402, with 
modifications. This section provides those employers who in 
good faith make technical or procedural errors in complying 
with INA section 274A(b) an opportunity to correct those errors 
without penalty.
       Section 412(a)--House section 403(a) recedes to Senate 
amendment section 116(b), with modifications. This provision 
reduces the number of documents that can be used to establish 
an individual's employment authorization and/or identity under 
section 274A(b) of the Immigration and Nationality Act. To 
establish both employment authorization and identity, an 
individual may present a (1) a U.S. passport, or (2) a resident 
alien card, alien registration card, or other document 
designated by the Attorney General, all of which must meet 
certain standards (including having certain security features). 
The other documents designated by the Attorney General may 
include an unexpired foreign passport which has an appropriate, 
unexpired endorsement of the Attorney General or an appropriate 
unexpired visa authorizing the individual's employment in the 
United States. To establish employment authorization, an 
individual may present a social security account number card or 
certain other documentation found acceptable by the Attorney 
General. No change has been made from current law as to the 
documents which may be presented to establish identity. 
Finally, the Attorney General may prohibit or place conditions 
on the use of any documents for purposes of section 274A(b) if 
they are found to not reliably establish employment 
authorization or identity or are being used fraudulently to an 
unacceptable degree.
       Section 412(b)--Senate recedes to House section 403(b), 
with modifications. This provision provides a streamlined 
confirmation process under INA section 274A(b) for a new 
employee who is beginning work for a member of an employer 
association that has concluded a collective bargaining 
agreement with an organization representing the employee and 
the employee has within a specified period worked for another 
member of the association who has complied with the 
requirements of section 274A(b) with respect to the employee. 
If these conditions are met, the current employer is deemed to 
have complied with the requirements of section 274A(b) with 
respect to the employee.
       Section 412(c)--Senate recedes to House section 403(c). 
This provision eliminates obsolete provisions of the 
Immigration and Nationality Act.
       Section 412(d)--Senate recedes to House section 403(d). 
This provision clarifies that the Federal government must 
comply with section 274A of the Immigration and Nationality 
Act, which makes unlawful the knowing employment of aliens not 
authorized to work in the United States and requires employers 
to confirm the identity and employment authorization of new 
employees.
       Section 413--Senate recedes to House section 404(c)(2). 
This provision requires the Attorney General to submit to 
Congress a report on additional authority or resources needed 
to enforce section 274A of the Immigration and Nationality Act 
and the Executive Order of February 13, 1996 (prohibiting 
Federal contractors from knowingly hiring aliens not authorized 
to work in the United States).
       Section 414--Senate recedes to House section 405, with 
modifications. This provision requires the Commissioner of 
Social Security to prepare annual reports regarding social 
security account numbers issued to aliens not authorized to be 
employed, with respect to which, in a fiscal year, earnings 
were reported to the Social Security Administration, and a 
single report on the extent to which social security account 
numbers and cards are used by aliens for fraudulent purposes.
       Section 415--Senate recedes to House section 406. This 
section authorizes the Attorney General to require aliens to 
provide their social security account numbers.
       Section 416--House recedes to Senate amendment section 
120A(a)(1). This section provides that certain immigration 
officers may compel by subpoena the attendance of witnesses and 
the production of documents while conducting investigations of 
potential violations by employers of section 274A(a) of the 
Immigration and Nationality Act.

      SUBTITLE C--UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES

      Section 421--House section 407(b) recedes to Senate 
section 117. This provision provides that an employer's request 
of a new employee for more or different documents than are 
required to confirm an employee's identity and authorization to 
work in the United States under INA section 274A(b) or an 
employer's refusal to honor documents that reasonably appear to 
be genuine shall only be considered unfair immigration-related 
employment practices under INA section 274B(a)(1) if made for 
the purpose or with the intent of unlawfully discriminating 
against the employee on the basis of citizenship status or 
national origin.

              Title V--Restrictions on Benefits for Aliens

      Section 500--Senate recedes to House section 600 with 
modifications to divide this section into two parts: subsection 
(a), setting forth a series of statements of congressional 
policy regarding aliens and public benefits; and subsection 
(b), stating the sense of Congress that: (1) courts should 
apply the same standard of review to States choosing to 
restrict their public benefits programs pursuant to the 
authorizations contained in this Act as the court uses in 
determining whether an Act of Congress regulating the 
eligibility of aliens for public benefits is constitutional; 
and (2) if a court applies the strict scrutiny standard of 
constitutional review, the court shall consider the State law 
to be the least restrictive means available for achieving the 
compelling government interest of assuring that aliens be self-
reliant in accordance with national immigration policy. The 
purpose of the congressional grants of authority to States 
regarding eligibility for public benefits contained in this Act 
is to encourage States to implement the national immigration 
policy of assuring that aliens be self-reliant and not become 
public charges--a fundamental part of U.S. immigration policy 
since 1882.

SUBTITLE A--ELIGIBILITY OF EXCLUDABLE, DEPORTABLE, NONIMMIGRANT ALIENS 
                   FOR PUBLIC ASSISTANCE AND BENEFITS

      Sections 501 and 502--House section 601 recedes to Senate 
amendment section 201(a)(1) with modifications. These sections 
bar ineligible aliens (as defined herein) from Federal, State, 
and local public benefits programs, contracts, grants, loans, 
and licenses, with specified exemptions (as defined herein).
      In general, ineligible aliens should not take advantage 
of taxpayers by accessing public benefits. However, the 
managers believe that certain public health, nutrition, and in-
kind community service programs should be exempted from the 
general prohibition on ineligible aliens accessing public 
benefits. The exemption for public health assistance for 
immunizations is not intended to be limited to immunizations 
under the Public Health Service Act, but refers to all 
immunizations. In the subparagraph treating certain battered 
aliens (or certain aliens subjected to extreme cruelty) as 
eligible aliens, the managers believe that the phrase ``an 
alien whose child has been battered or subjected to extreme 
cruelty'' includes children who have been sexually molested.
      The managers intend that the inclusion of parolees who 
are paroled into the United States for a period of at least one 
year in the definition of eligible alien refers only to the 
period for which such aliens are authorized to remain in the 
United States after their parole. The statement contained in 
the Committee Report accompanying the Senate Amendment, that 
such reference referred to parolees who had been present in the 
United States for one year or more, does not reflect the 
intention of the managers as stated herein.
      In defining ``means-tested public benefit,'' (for 
purposes of sections 501, 551, 552), the managers do not intend 
to include programs which do not consider an applicant's income 
in the disbursement of assistance. For example, Title I grants 
under the Elementary and Secondary Education Act of 1965 are 
provided to school districts with significant numbers of needy 
students. Since all students in that district will receive 
assistance from these funds--regardless of each student's 
financial status--neither ``deeming'' (see section 552) nor the 
prohibition on receipt by illegal aliens are applicable. ESEA 
is exempted under sections 551 and 552 only because certain 
means-tested benefits (such as Elleander Fellowships) are 
authorized under that Act as well.
      Many States use Federal block grant monies to provide 
services to the poor which are not within the scope of what the 
managers consider ``means-tested.'' For example, soup kitchens 
and homeless shelters serve needy individuals, but the 
operators do not require each applicant to demonstrate 
financial need. Similarly, if a State chose to use money from 
the Social Service Block Grant to fund the administrative costs 
of a youth soccer league in a poor area of that State, such a 
benefit would not be considered ``means-tested'' under this 
Act.
      The exception for treatment of communicable diseases is 
very narrow. The managers intend that it only apply where 
absolutely necessary to prevent the spread of such diseases. 
The managers do not intend that the exception for testing and 
treatment for communicable diseases should include treatment 
for the HIV virus or acquired immune deficiency syndrome. This 
exception is only intended to cover short-term measures that 
would be taken prior to the departure of the alien from the 
United States. It does not provide authority for long-term 
treatment of such diseases or a means for illegal aliens to 
delay their removal from the country.
      The allowance for emergency medical services also is very 
narrow. The managers intend that it only apply to medical care 
that is strictly of an emergency nature, such as medical 
treatment for emergency treatment administered in an emergency 
room, critical care unit, or intensive care unit. Emergency 
medical services do not include pre-natal or delivery care, or 
post-partum assistance, that is not strictly of an emergency 
nature as specified herein--including State-funded or 
administered pre-natal and post-partum care. The managers 
intend that any provision of services under this exception for 
mental health disorders be limited to circumstances in which 
the alien's condition is such that he is a danger to himself or 
to others and has therefore been judged incompetent by a court 
of appropriate jurisdiction.
      Section 503--House section 602 recedes to Senate 
amendment section 201(b) with modifications to eliminate the 
crediting of employment for purposes of unemployment benefits 
for individuals in PRUCOL status.
      Section 504--House recedes to Senate amendment section 
201(c) with modifications. This section amends section 202 of 
the Social Security Act to provide that no Social Security 
benefits may be paid to an alien not lawfully present in the 
United States. This section also amends section 210 of the 
Social Security Act to provide that periods of unauthorized 
employment shall not count towards an alien's eligibility for 
Social Security retirement benefits. The managers intend to 
allow sufficient time for the Social Security Administration to 
comply with this provision in order for SSA field offices to 
develop appropriate screening procedures.
      Section 505--Senate recedes to House section 601(c) with 
modifications to amend the SAVE program. This section requires 
proof of identity for all applicants in addition to the 
verification requirements for non-citizens under section 
1137(d) of the Social Security Act.
      Section 506--Senate recedes to House section 601(d). This 
section authorizes State and local governments to require proof 
of eligibility (including identity) from applicants for State 
and local public benefits programs.
      Section 507--House recedes to Senate amendment section 
201(a)(2) with modifications. This section provides that 
illegal aliens are not eligible for in-state tuition rates at 
public institutions of higher education.
      Section 508--Senate recedes to House section 606. House 
recedes to Senate amendment section 205. This section requires 
that applicants for post-secondary financial assistance be 
subject to verification of their eligibility prior to receiving 
such assistance. The managers believe that House section 606 
reflects the current practice of the Department of Education 
regarding the verification of student eligibility for 
postsecondary financial assistance.
      Section 509--House recedes to Senate amendment sections 
324 and 326. These sections amend the Social Security Act, and 
the Higher Education Act of 1986 to require the submission of 
photostatic or similar copies of documents or information 
specified by the INS for verification of an alien's immigration 
status.
      Section 510--House recedes to Senate amendment section 
201(e) with modifications. This section requires Federal, 
State, and local public benefits agencies to verify an 
applicant's eligibility (including the amount of eligibility) 
prior to the administration of public benefits by a non-profit 
charitable organization. The managers believe that non-profit 
charitable organizations themselves should not have to verify 
immigration status or determine the eligibility of aliens for 
public benefits, e.g., by ``deeming'' the income of sponsors to 
immigrant applicants for assistance (see section 552). The 
managers also believe, however, that the appropriate Federal or 
State agency must verify and determine the amount of 
eligibility of aliens for public benefits before a non-profit 
charitable organization may distribute means-tested benefits to 
such aliens.
      Section 511--Senate recedes to House section 607, with 
modifications. This section requires the Comptroller General to 
submit a report to the Committees on the Judiciary of the House 
of Representatives and the Senate regarding the receipt of 
means-tested public benefits by ineligible aliens on behalf of 
U.S. citizens and eligible aliens. The managers note that 
illegal aliens often access public benefits, such as AFDC and 
Food Stamps, for which they themselves are ineligible, by 
applying for such benefits on behalf of their U.S. citizen or 
legal immigrant children.

Subtitle B--Expansion of Disqualification From Immigration Benefits on 
                       the Basis of Public Charge

      Section 531--Senate recedes to House section 621 with 
modifications. This section amends INA section 212(a)(4) to 
expand the public charge ground of inadmissibility. Aliens have 
been excludable if likely to become public charges since 1882. 
Self-reliance is one of the most fundamental principles of 
immigration law. The managers believe that all family-sponsored 
immigrants, and certain employment-based immigrants, should 
have affidavits of support executed on their behalf as a 
condition of admission.
      Section 532--House recedes to Senate amendment section 
202 with modifications. This section amends INA section 
241(a)(5) to expand the public charge ground of deportation. 
Aliens who access welfare have been deportable as public 
charges since 1917. However, only a negligible number of aliens 
who become public charges have been deported in the last 
decade. The managers believe that aliens who become public 
charges within 7 years of their admission to the United States 
should promptly be removed from the country. Just as with the 
definition of ``eligible alien'' in section 501, the exception 
in section 532 for battered children includes children who are 
victims of sexual molestation.

      Subtitle C--Affidavits of Support and Attribution of Income

      Section 551--House recedes to Senate amendment section 
203 with modifications. This section creates a new, legally-
binding affidavit of support in order to seek reimbursement 
from sponsors for the costs of providing public benefits. The 
managers intend that the affidavit of support be a legally-
binding contract between an alien's sponsor, the sponsored 
alien, and the government. The managers also intend that public 
hospitals, private hospitals, and community health centers be 
allowed to seek reimbursement from sponsors for the costs of 
providing emergency medical services to the extent such 
services would, in the absence of the deeming requirements of 
section 552, be reimbursed by means-tested public benefit 
programs. The managers further intend that the new, legally 
enforceable, affidavit of support be used in all cases where an 
affidavit of support is required (including for nonimmigrants 
and aliens granted parole under section 212(d)(5) of the INA), 
either by statute, regulation, or administrative practice. 
Exceptions to the definition of ``means-tested public benefit'' 
include public health assistance for immunizations and, if the 
Secretary of Health and Human Services determines that it is 
necessary to prevent the spread of a serious communicable 
disease, for testing and treatment of such disease. However, 
the exception applies in the case of HIV infection to testing 
only.
      The provision is designed to encourage immigrants to be 
self-reliant in accordance with national immigration policy. 
The managers intend to establish a process that will authorize 
visas only for those applicants whose sponsors (both the 
petitioning sponsor as defined in subsection (g)(1), (g)(2), 
(g)(3), or (g)(4)) and any non-petitioning sponsor as defined 
in subsection (g)(5) demonstrate the means to meet the 
applicable income requirements (as set forth in subsection 
(g)). It is expected that an applicant whose sponsors fail to 
demonstrate the means to meet the applicable income 
requirements will be denied a visa, and that the next applicant 
in the queue will then be given an opportunity to qualify. The 
managers further intend that an applicant whose petitioning 
sponsor or non-petitioning sponsor (or both) is unable to meet 
the applicable income requirements in the initial interview may 
be afforded one additional opportunity to meet such 
requirements. If such applicant has already utilized a non-
petitioning sponsor at the initial interview, and such non-
petitioning sponsor was unable to meet the applicable income 
requirements, such applicant may be provided one additional 
opportunity to demonstrate that the non-petitioning sponsor 
meets the applicable income requirements, but may not be 
authorized in the second interview to substitute a new or 
different non-petitioning sponsor. The managers intend that 
applicants shall have no more than two opportunities to 
demonstrate that their sponsor (or sponsors) meets the 
applicable income requirements.
      Section 552--House recedes to Senate amendment section 
204 with modifications. This section deems that a sponsor's 
income is to be counted with a sponsored alien's in determining 
the alien's eligibility for public benefits. In subsection 
(c)(4), the managers intend for the Attorney General to enter 
information regarding the eligibility (including the amount of 
eligibility) of aliens for public benefits into the SAVE system 
as a means for all public benefits agencies to access such 
information for purposes of determining eligibility and seeking 
reimbursement. In subsection (d)(1), the managers believe that 
the scope of the exception to deeming in cases of indigence is 
very narrow, and only applies to situations where a sponsor and 
the sponsor's spouse cannot or will not provide needed support, 
and the sponsored alien could not obtain food or shelter 
without assistance from a public benefits agency. In 
determining whether a sponsored alien could obtain food or 
shelter in such a situation, the agency making the 
determination shall take into account whether the sponsored 
alien could obtain assistance for food or shelter from a 
privately-funded organization, and if so, shall refer the alien 
to such organization in lieu of providing benefits. The agency 
must notify the Attorney General when exercising this 
exception.
      Under current law, all three programs which ``deem'' 
sponsor income exclude a portion of the sponsor's income in 
their calculations. This legislation rejects this approach. At 
entry, a sponsor and the sponsored alien are considered to be 
part of one family unit (living under the same roof), and all 
of the sponsor's income is considered to be available--just as 
would be available to the sponsor's spouse or child. The same 
approach should be used at adjudication for benefits. All of 
the income of the sponsor and the sponsor's spouse should be 
deemed to be available to the sponsored alien, as though the 
sponsored alien is a member of the same family unit (and lives 
under the same roof) as the sponsor.
      Subsection (d) provides that the deeming rules shall not 
apply to Medicaid assistance used for emergency medical 
services. Under subsection 552(f), just as in the case of the 
definition of ``eligible alien'' in section 501, the exception 
to deeming rules for battered children includes children who 
are victims of sexual molestation.
      Section 553--House recedes to Senate amendment section 
204(e). This section authorizes State and local government to 
follow the Federal Government in deeming a sponsor's income to 
a sponsored alien who applies for public benefits. The managers 
intend to authorize States to enact sponsor-to-alien deeming 
laws as part of the national immigration policy that aliens be 
self-reliant. If a State deeming law, enacted pursuant to the 
authorization contained in this section, should be challenged 
in court, the managers intend that the court shall apply the 
standard of review described in section 500(b)(1) of this Act.
      Section 554--House recedes to Senate amendment section 
206. This section authorizes State and local governments to 
enact alienage restrictions in State and local cash public 
assistance programs. The managers intend to authorize States to 
prohibit or otherwise limit eligibility of aliens for general 
cash assistance as part of the national immigration policy that 
aliens be self-reliant, but only to the extent that such limit 
is not more restrictive than under comparable Federal programs. 
If a State restriction, enacted pursuant to the authorization 
contained in this section, should be challenged in court, the 
managers intend that the court shall apply the standard of 
review contained in section 500(b)(1) of this Act.

                  Subtitle D--Miscellaneous Provisions

      Section 561--House recedes to Senate amendment section 
207 with modifications. This provision increases the maximum 
criminal penalties for forging or counterfeiting a Federal seal 
or facilitating the fraudulent obtaining of public benefits by 
aliens.
      Section 562--Senate recedes to House section 812, with 
modification. This section amends INA section 412(c)(2) to 
specify that in the computation of targeted refugee 
resettlement assistance, each county shall receive the same 
amount of assistance for each refugee and entrant residing in 
the county at the beginning of each fiscal year (counting those 
refugees and entrants who arrived within 60 months prior to 
that fiscal year).
      Section 563--Senate recedes to House section 604 with 
modifications. This provision allows public hospitals to seek 
reimbursement for costs incurred from providing emergency 
medical services to illegal aliens if the immigration status of 
individuals for whom reimbursement is sought has been verified, 
but is not intended to create an entitlement for such 
reimbursement.
      Section 564--House recedes to Senate amendment section 
211 with modifications. This provision allows States to be 
reimbursed for emergency ambulance service costs provided to 
certain illegal aliens who are injured while attempting to 
enter the U.S., but is not intended to create an entitlement 
for such reimbursement.
      Section 565--House recedes to Senate amendment section 
315 with modifications. This section establishes a pilot 
program to require bonds in addition to sponsorship and deeming 
requirements for the purposes of overcoming excludability as a 
public charge under INA section 212(a)(4). The managers believe 
that where bonds are used to overcome the grounds for exclusion 
as a public charge, whether in this pilot program or in current 
INA section 213, the bonds should be required in addition to, 
not in lieu of, the new sponsorship and deeming requirements 
created in this Act.
      Section 566--The managers agree to require a series of 
reports by the Attorney General regarding the affidavit of 
support, attribution of sponsor income, public charge 
deportation, and non-profit charitable organization exemption 
provisions of this Act.

                     Subtitle E--Housing Assistance

      Section 571--House recedes to Senate amendment section 
221. This section provides a short title for the provisions 
contained in this subtitle.
      Section 572--House recedes to Senate amendment section 
222 with modifications. This section prorates public housing 
assistance based upon the number of eligible recipients within 
a family unit.
      Section 573--House section 611 recedes to Senate 
amendment section 223 with modifications. This provision limits 
any deferrals of termination decisions to a single 3-month 
period.
      Section 574--House section 612 recedes to Senate 
amendment sections 224 and 325 with modifications. This 
provision ensures that aliens are not allowed to receive public 
housing assistance until their eligibility has been verified. 
Aliens may not begin receiving such assistance while their 
applications are pending.
      Section 575--House section 613 recedes to section 225 of 
the Senate amendment. This section prohibits sanctions against 
entities that make erroneous determinations of eligibility for 
housing assistance.
      Section 576--House section 614 recedes to Senate 
amendment section 227 with modifications. This provision 
establishes regulations for carrying out the sections of this 
subtitle.
      Section 577--House section 605 recedes to Senate 
amendment section 201(d). This provision requires a report 
describing the manner in which the Secretary of Housing and 
Urban Development is enforcing section 214 of the Housing and 
Community Development Act of 1980, which prevents illegal 
aliens from receiving public housing assistance.

                     Subtitle F--General Provisions

      Section 591--House recedes to Senate amendment section 
231(a). This section provides that unless otherwise specified, 
the provisions of this title take effect on the date of 
enactment.
      Section 592--Senate recedes to House section 634. This 
section clarifies that the provisions of this title do not set 
forth all requirements of eligibility for public assistance, or 
determine when such requirements are satisfied, but only relate 
to the general issue of eligibility or ineligibility on the 
basis of alienage.
      Section 593--The managers agree to include a provision 
clarifying that Title V does not apply to programs of foreign 
assistance.
      Section 594--House recedes to Senate amendment section 
201(a)(3) with modifications to allow either individual or 
public notice of changes in eligibility for benefits recipients 
caused by this Act.
      Section 595--This section provides that, for purposes of 
this title, the definitions of ``alien,'' ``State,'' ``United 
States,'' ``national,'' ``naturalization,'' and ``child'' are 
the same definitions as set forth in the INA.
      The managers acknowledge that some of the provisions 
contained in this Title differ from similar provisions enacted 
this year as part of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (Public Law 104-193). To 
the extent possible, the managers intend to reconcile these 
differing provisions during the next Congress to avoid 
confusion in the implementation of these policies.

                   Title VI--Miscellaneous Provisions

                Subtitle A--Refugees, Parole, and Asylum

      Section 601--Senate recedes to House section 501. 
Subsection (a) amends the definition of refugee at section 
101(a)(42) to provide that a person who has been forced to 
abort a pregnancy or to undergo involuntary sterilization, or 
who has been persecuted for failure or refusal to undergo such 
a procedure or for other resistance to a coercive population 
control program shall be deemed to have been persecuted on 
account of political opinion, and a person who has a well 
founded fear of being compelled to undergo such a procedure or 
being subject to such persecution shall be deemed to have a 
well founded fear of persecution on account of political 
opinion.
      Subsection (b) amends section 207(a) to provide that not 
more than 1,000 refugees shall be admitted on the basis of 
persecution under coercive population control policies.
      Section 602--House recedes to Senate amendment section 
191 with modifications. This section amends INA section 
212(d)(5) to provide that the Attorney General's parole 
authority may be exercised only on a case-by-case basis for 
urgent humanitarian reasons or significant public benefit. This 
section also requires that not later than 90 days after the end 
of the fiscal year, the Attorney General shall report to the 
Committees on the Judiciary of the House of Representatives and 
the Senate describing the number and categories of aliens 
paroled into the United States under section 212(d)(5), along 
with other specified information.
      Section 603--House recedes to Senate amendment section 
192 with modifications. This section amends INA section 201(c) 
to provide, beginning in 1999, that aliens paroled into the 
United States in the second previous fiscal year who do not 
depart within 365 days and who have not yet become permanent 
resident aliens (or who, if they did become LPRs, did so under 
a provision of law other than 201(b) that did not count toward 
the worldwide level), will be counted towards the worldwide 
level of family-sponsored immigrants. If an alien is counted 
towards the worldwide level under this provision and 
subsequently adjusts to LPR status, the alien shall not be so 
counted again at the time of adjustment.
      Section 604--Senate recedes to House section 511, with 
modifications. This section amends section 208 of the 
Immigration and Nationality Act to provide that an alien who is 
physically present in, or who arrives in, the United States may 
apply for asylum in accordance with section 208 or, where 
applicable, section 235(b)(1). However, an alien may not apply 
for asylum if the Attorney General determines that the alien 
can be returned to a safe third country pursuant to a bilateral 
agreement, unless the Attorney General finds that it is in the 
public interest for the alien to receive asylum in the United 
States. An applicant for asylum must demonstrate by clear and 
convincing evidence that the application has been filed within 
1 year of arriving in the United States (unless the alien can 
demonstrate to the satisfaction of the Attorney General that 
extraordinary circumstances caused the delay in filing an 
application prior to the deadline), and an alien is not 
eligible to apply for asylum if the alien has previously 
applied for and been denied asylum; these bars do not apply if 
the alien demonstrates the existence of changed circumstances 
which materially affect the applicant's eligibility for asylum. 
A determination by the Attorney General that an alien is 
ineligible to apply for asylum is not subject to judicial 
review.
      Subsection (b) adopts the conditions for granting asylum 
outlined in House section 511(a). Subsection (c) clarifies the 
status of an alien granted asylum. It also provides that asylum 
may be terminated if the alien: is no longer a refugee under 
section 101(a)(42); is ineligible for asylum under subsection 
(b); may be returned to a safe third country; has voluntarily 
returned to his country of nationality or last habitual 
residence with lawful permanent resident or equivalent status; 
or has acquired a new nationality which confers protection on 
the alien. An alien whose asylum is terminated is subject to 
any applicable ground of inadmissibility or deportation.
      Subsection (d) provides for the establishment of 
procedures for considering applications for asylum. The 
applicant may be required to submit fingerprints and a 
photograph. The House provisions regarding employment 
authorization, application fees, legal representation, and 
notice of the consequences of knowingly filing a frivolous 
application for asylum are included, as are the House 
provisions on consideration of asylum applications. If the 
Attorney General determines that an alien has knowingly made a 
frivolous application for asylum and the alien has received 
notice, the alien shall be permanently ineligible for any 
benefits under the INA. Nothing in subsection (d) shall be 
construed to create any substantive or procedural right or 
benefit that is enforceable by any party against the United 
States.
      Subsection (b) makes conforming and clerical amendments. 
Subsection (c) provides that the amendments made by this 
section shall take effect on the first day of the first month 
beginning more than 180 days after the date of enactment.
      Section 605--Senate recedes to House section 513. This 
section authorizes an increase in the number of asylum officers 
by at least 600 in FY 1997.
      Section 606--House recedes to Senate amendment section 
196. This section provides for the conditional repeal of the 
Cuban Adjustment Act upon the establishment of democracy in 
Cuba.

Subtitle B--Miscellaneous Amendments to the Immigration and Nationality 
                                  Act

      Section 621--House recedes to Senate amendment section 
185. This section amends INA section 214(j)(1) to double the 
number of ``S'' visas (pertaining to alien witness cooperators) 
that may be issued in a given fiscal year.
      Section 622--House recedes to Senate amendment section 
310. This section extends the period for waiver of the foreign 
country residence requirement for foreign medical graduates to 
June 1, 2002, and amends INA sections 212(e) and 214(k) to 
place additional conditions and restrictions on waivers 
requested by a United States Government or State agency. These 
additional restrictions are imposed, among other things, to 
ensure that aliens granted such waivers remain employed in 
positions deemed to be in the public interest.
      Section 623--House section 809 recedes to Senate 
amendment section 175, with modifications. This section amends 
INA sections 245A(c)(5) and 210(b)(6)(C) to require the 
Attorney General to disclose information in an application for 
legalization to a law enforcement entity, upon written request, 
in connection with a criminal investigation or prosecution, or 
to a coroner in order to identify a deceased individual.
      Section 624--House recedes to Senate amendment section 
311. This section amends section 212(a)(5) to provide that in 
the case of certain professional athletes, a labor 
certification shall remain valid if the athlete is traded by 
his original sponsoring employer to another team in the same 
sport.
      Section 625--House recedes to Senate amendment section 
214(a), with modifications. This section amends INA section 214 
to provide that an alien may not be given or validly remain in 
nonimmigrant status under INA section 101(a)(15)(F) if the 
alien is pursuing studies at a public elementary school or 
publicly-funded adult education program. The section also 
provides that an alien may not have such status at a public 
secondary school unless the period of such status does not 
exceed 12 months and the alien has paid reimbursement equal to 
the full unsubsidized per capita student cost. This amendment 
also provides that an alien who obtains an ``F-1'' visa to 
pursue studies at a private elementary or secondary school, or 
privately-funded language program, shall be considered to have 
violated the conditions of the visa if the alien terminates or 
abandons such studies and undertakes studies at a public school 
or publicly-funded adult education or language training 
program.
      Section 626--House recedes to Senate amendment section 
328. This section adds a new INA section 294 to permit the 
Attorney General to expend appropriated funds to pay for the 
transportation of the remains of any INS officer or Border 
Patrol agent killed in the line of duty to a place of burial in 
the United States, Puerto Rico, or U.S. territories or 
possessions, as well as other related and incidental costs.

    Subtitle C--Provisions Relating to Visa Processing and Consular 
                               Efficiency

      Section 631--Senate recedes to House section 807. This 
section amends INA section 221(c) to provide that an immigrant 
visa shall be valid for a period of six months, and to provide 
that the period for validity of a nonimmigrant visa issued to 
an alien of one nationality who has been granted refugee status 
and been firmly resettled in another country shall be based on 
the treatment granted by the country of resettlement to alien 
refugees resettled in the U.S.
      Section 632--House section 803(b) recedes to Senate 
amendment section 157. This section amends INA section 222 by 
adding a new subsection (g), providing that an alien who has 
remained in the United States beyond the authorized period of 
stay may not be readmitted to the United States on that 
nonimmigrant visa, and may only be readmitted as a nonimmigrant 
on the basis of a visa issued in a consular office located in 
the country of the alien's nationality (or, if there is no such 
office, at a consular office designated by the Secretary of 
State), or where extraordinary circumstances are found by the 
Secretary of State.
      Section 633--House section 803(a) recedes to Senate 
amendment section 172. This section amends INA section 
202(a)(1) to clarify that the Secretary of State has non-
reviewable authority to establish procedures for the processing 
of immigrant visa applications and the locations where visas 
will be processed.
      Section 634--House recedes to Senate amendment section 
301, with modifications. This section amends INA sections 222 
(c) and (e) to make certain changes in the visa application 
process.
      Section 635--House section 836 recedes to Senate 
amendment section 302. This section amends INA section 217(f) 
to extend the authorization for the Visa Waiver Pilot Program 
(VWPP) through September 30, 1997. This section also repeals 
current section 217(g) (regarding the probationary program), 
and adds a new section 217(g) to specify procedures for 
termination of a country's designation to participate in the 
VWPP. A country with a disqualification rate of between 2 and 
3.5 percent shall be placed on probationary status for a period 
of not more than 3 years. (The disqualification rate is the 
percentage that the number of aliens from the country who were 
found inadmissible, withdrew their applications for admission, 
or were admitted as nonimmigrants and violated the terms of 
their admission in a given fiscal year, represents of the total 
number of nationals of that country who applied for admission 
as nonimmigrant visitors during the same fiscal year.) A 
country with a disqualification rate of greater than 3.5 
percent shall be terminated from the VWPP at the beginning of 
the second fiscal year after this determination is made. If a 
country on probationary status by the end of the designated 
period fails to develop a machine-readable passport program or 
has a disqualification rate of greater than 2 percent, the 
country shall be terminated from the VWPP at the beginning of 
the first fiscal year after such determination is made. The 
Attorney General and Secretary of State retain the discretion 
to terminate any country's designation as a participant in the 
VWPP, or to deny a waiver to any individual from a country 
which is a participant.
      Section 636--House recedes to Senate amendment section 
306, with modifications. This section provides that the 
Secretary of State may establish a fee for diversity immigrant 
visas to be paid by each applicant for such a visa. The fee may 
be set to recover the cost of administering the diversity visa 
program, including the cost of processing all applications for 
diversity visas. It is intended that this fee would be paid by 
all entrants into the ``lottery'' for eligibility for a 
diversity visa.
      Section 637--Senate recedes to House section 841, with 
modifications. This section provides that certain aliens 
selected as diversity immigrants during FY 1995, and whose 
applications for adjustment of status under INA section 245 
were accepted by the Attorney General, shall be selected for 
diversity immigrant visas in FY 1997 and given priority over 
other aliens selected for such visas. The number of Polish 
nationals notified in FY 1995 that they were eligible for a 
diversity immigrant visa exceeded the number of visas that were 
available. The purpose of this provision is to place these 
individuals in the same position they would have been in FY 
1995 had sufficient visas been available.

                      Subtitle D--Other Provisions

      Section 641--House recedes to Senate amendment section 
215, with modifications. This section requires the Attorney 
General, in cooperation with the Secretaries of State and 
Education, to collect from colleges and universities certain 
information regarding nonimmigrant foreign students from 
designated countries who are enrolled at such institutions 
pursuant to visas under INA section 101(a)(15) (F), (J), or 
(M). The information shall include the alien's identity, 
current address, nonimmigrant classification, academic 
standing, and disciplinary action, if any. Institutions shall 
participate as a condition of their approval for participation 
in exchange student visa programs, and the collection of data 
shall be funded by a fee charged on all visas issued under 
section 101(a)(15) (F), (J), or (M).
      Section 642--Senate amendment section 177 recedes to 
House section 833, with modifications. This section provides 
that notwithstanding any other provision of Federal, State, or 
local law, no State or local government entity shall prohibit 
or in any way restrict any government entity or official from 
sending to or receiving from the INS information regarding the 
immigration status of any individual in the United States.
      Section 643--Senate recedes to House section 834. This 
section requires the Attorney General, not later than 6 months 
after the date of enactment, to issue regulations regarding the 
rights of ``habitual residence'' under the Compacts of Free 
Association between the United States and the governments of 
the Marshall Islands, and the Federated States of Micronesia, 
and between the United States and Palau.
      Section 644--Senate recedes to House section 835. This 
section requires aliens from certain countries specified by the 
INS in consultation with the Secretary of State to be advised 
prior to or at the time of entry into the United States of the 
severe harm caused by female genital mutilation and the 
potential legal consequences in the United States of performing 
female genital mutilation or of allowing a child to be 
subjected to female genital mutilation.
      Section 645--House recedes to Senate amendment section 
335. This section amends chapter 7 of title 18 to add a new 
section 116, prohibiting the practice of female genital 
mutilation on any individual less than 18 years old, and 
setting penalties of up to 5 years imprisonment.
      Section 646--Senate recedes to House section 837. This 
section will permit the adjustment of status of certain 
nationals of Poland and Hungary who were paroled into the 
United States between November 1, 1989, and December 31, 1991, 
after having been denied refugee status.
      Section 647--Senate amendment section 307 recedes to 
House section 838. This section requires the Attorney General 
to make available funds up to $5,000 for demonstration projects 
in support of naturalization ceremonies to be conducted in 
fiscal years 1997 through 2001.
      Section 648--Senate recedes to House section 842. This 
section states the sense of Congress that, to the extent 
practicable, all equipment and products purchased with funds 
authorized by this Act shall be American-made, and that 
recipients of grants under this Act receive notice of this 
statement of Congress.
      Section 649--House recedes to Senate amendment section 
171(b). This section amends 50 U.S.C. 191 to extend the 
authority of the Attorney General to direct the movement of 
vessels in emergencies to include situations of actual or 
anticipated mass migrations of aliens arriving by sea.
      Section 650--House recedes to Senate amendment section 
308. This section requires the Attorney General to investigate 
and submit a report to Congress regarding the practices of 
entities authorized by regulation to administer the English and 
civics tests to applicants for naturalization. A preliminary 
report shall be submitted within 90 days of enactment, and a 
final report shall be issued within 275 days after submission 
of the preliminary report.
      Section 651--House recedes to Senate amendment section 
309. This section provides that the United States Customs 
Administrative Building at the Ysleta/Zaragosa Port of Entry in 
El Paso shall be known as the ``Timothy C. McCaghren Customs 
Administrative Building.''
      Section 652--House recedes to Senate amendment section 
312. This section addresses abuses in the practices of certain 
international matchmaking organizations (``mail order bride 
businesses'') by requiring such organizations, under pain of 
civil penalty, to provide certain immigration information to 
potential recruits for immigration to the United States, and by 
requiring the Attorney General to conduct a study and submit a 
report to Congress regarding the number of mail order 
marriages, the extent of marriage fraud arising as a result of 
such marriages, the extent of domestic abuse in such marriages, 
and the need for expanded regulation to implement the policies 
of the Violence Against Women Act of 1994 in this area.
      Section 653--House recedes to Senate amendment section 
321. This section requires the Comptroller General to review 
the effectiveness of the H-2A nonimmigrant program to ensure 
that the program provides a workable safety valve in the event 
of future shortages of domestic agricultural workers. The 
report shall be submitted not later than December 31, 1996, or 
3 months after the date of enactment, whichever is sooner.
      Section 654--House recedes to Senate amendment section 
333. This section requires the Commissioner of the Customs 
Service to initiate a study of allegations of harassment by 
Canadian Customs agents designed to deter cross-border 
commercial activity along the United States-New Brunswick 
border. The study shall include a review of the connection 
between such incidents of harassment and the imposition of the 
New Brunswick Provincial Sales Tax on goods purchased in the 
United States by New Brunswick residents. The Commissioner 
shall consult with State and local officials in Maine in 
conducting this study, and shall submit a report to Congress on 
results of the study within 120 days of enactment of this Act.
      Section 655--House recedes to Senate amendment section 
334. This section states the sense of Congress that the 
collection by Canadian Customs officials of a New Brunswick 
Provincial Sales Tax on goods purchased in the United States by 
residents of New Brunswick, but not on goods purchased by New 
Brunswick residents in other Canadian provinces, may violate 
the North American Free Trade Agreement (NAFTA) and that the 
United States Trade Representative should move without delay in 
seeking redress under the dispute resolution process in chapter 
20 of NAFTA.
      Section 656--House sections 831 and 832 recede to Senate 
amendment section 118, with modifications. Without placing 
mandates on states, this section establishes grant programs to 
encourage states to develop more counterfeit-resistant birth 
certificates and driver's licenses. After October 1, 2000, 
Federal agencies may only accept as proof of identity driver's 
licenses that conform to standards developed by the Secretary 
of the Treasury after consultation with state motor vehicle 
officials through the American Association of Motor Vehicle 
Administrators. Beginning 4 years after the date of enactment, 
Federal agencies may only accept birth certificates issued 
after such date that conform to standards developed by the 
Secretary of Health and Human Services after consultation with 
appropriate State officials. The managers intend that the new 
standards developed in consultation with state officials apply 
only to licenses issued or renewed after October 1, 2000, and 
only to birth certificates issued more than 4 years after the 
date of enactment.
      Section 657--House recedes to Senate amendment section 
332, with modifications. This section requires the Commissioner 
of Social Security to develop a prototype of a counterfeit-
resistant social security card, and requires the Comptroller 
General to conduct a study and issue a report t