CONFERENCE REPORT

27–298

104

ONGRESS

EPORT

HOUSE OF REPRESENTATIVES

2d Session 104–828

ILLEGAL IMMIGRATION REFORM AND IMMIGRANT

RESPONSIBILITY ACT OF 1996

EPTEMBER

24, 1996.—Ordered to be printed

Mr. H

YDE

, 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 deter-

rence of illegal immigration to the United States by increasing bor-

der 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 meas-

ures, 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 amend-

ment 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 NA-

TIONALITY ACT; APPLICATION OF DEFINITIONS OF SUCH

ACT; TABLE OF CONTENTS; SEVERABILITY.

(a) S

HORT

ITLE

.—This Act may be cited as the ‘‘Illegal Immi-

gration Reform and Immigrant Responsibility Act of 1996’’.

(b) A

MENDMENTS TO

MMIGRATION AND

ATIONALITY

.—Ex-

cept as otherwise specifically provided—

(1) whenever in this Act an amendment or repeal is ex-

pressed as the amendment or repeal of a section or other provi-

sion, 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.

PPLICATION OF

ERTAIN

EFINITIONS

.—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’’, ‘‘law-

fully admitted for permanent residence’’, ‘‘national’’, ‘‘naturaliza-

tion’’, ‘‘refugee’’, ‘‘State’’, and ‘‘United States’’ shall have the meaning

given such terms in section 101(a) of the Immigration and National-

ity Act.

(d) T

ABLE OF

ONTENTS

.—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 inves-

tigators.

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 docu-

ments.

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 appli-

cation for immigration benefits.

Sec. 214. Criminal penalty for knowingly presenting document which fails to con-

tain 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; re-

ferral for hearing (revised section 235).

Sec. 303. Apprehension and detention of aliens not lawfully in the United States (re-

vised 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 conform-

ing 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 pa-

role.

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 ter-

rorists 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 viola-

tors.

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 ex-

clusion 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 inadmis-

sible 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 require-

ments.

Sec. 412. Paperwork and other changes in the employer sanctions program.

Sec. 413. Report on additional authority or resources needed for enforcement of em-

ployer 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 finan-

cial assistance.

Sec. 509. Verification of immigration status for purposes of social security and high-

er 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 unlaw-

ful 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 eligi-

bility 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 limita-

tions.

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 inter-

national 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 im-

migrant 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 re-

garding 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 provin-

cial 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 Natu-

ralization Service.

Sec. 660. Authority for National Guard to assist in transportation of certain aliens.

Subtitle E—Technical Corrections

Sec. 671. Miscellaneous technical corrections.

(e) S

EVERABILITY

.—If any provision of this Act or the applica-

tion 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 ENFORCE-

MENT

Subtitle A—Improved Enforcement at the

Border

SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.

(a) I

NCREASED

UMBER OF

ORDER

ATROL

GENTS

.—The At-

torney 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 Immigra-

tion and Naturalization Service above the number of such positions

for which funds were allotted for the preceding fiscal year.

(b) I

NCREASE IN

ORDER

ATROL

UPPORT

ERSONNEL

.—The

Attorney General, in each of fiscal years 1997, 1998, 1999, 2000,

and 2001, may increase by 300 the number of positions for person-

nel in support of border patrol agents above the number of such po-

sitions for which funds were allotted for the preceding fiscal year.

EPLOYMENT OF

ORDER

ATROL

GENTS

.—The Attorney

General shall, to the maximum extent practicable, ensure that addi-

tional 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 meas-

ured in each sector during the preceding fiscal year and reasonably

anticipated in the next fiscal year.

(d) F

ORWARD

EPLOYMENT

.—

(1) I

N GENERAL

.—The Attorney General shall forward de-

ploy 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) P

RESERVATION 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 enforce-

ment capabilities and functions currently performed at interior

border patrol stations.

(3) R

EPORT

.—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 de-

ployment under paragraph (1); and

(B) the measures taken to comply with paragraph (2).

SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.

(a) I

ENERAL

.—The Attorney General, in consultation with

the Commissioner of Immigration and Naturalization, shall take

such actions as may be necessary to install additional physical bar-

riers 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) C

ONSTRUCTION OF

ENCING AND

OAD

MPROVEMENTS IN

THE

ORDER

REA

EAR

IEGO

, C

ALIFORNIA

.—

(1) I

N GENERAL

.—In carrying out subsection (a), the Attor-

ney 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) P

ROMPT ACQUISITION OF NECESSARY EASEMENTS

.—The

Attorney General, acting under the authority conferred in sec-

tion 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 com-

mence construction of fences immediately following such acqui-

sition (or conclusion of portions thereof).

(3) S

AFETY FEATURES

.—The Attorney General, while con-

structing the additional fencing under this subsection, shall in-

corporate 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) A

UTHORIZATION OF APPROPRIATIONS

.—There are author-

ized 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.

AIVER

.—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) L

AND

CQUISITION

UTHORITY

.—

(1) I

N GENERAL

.—Section 103 (8 U.S.C. 1103) is amended—

(A) by redesignating subsections (b), (c), and (d) as sub-

sections (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 inter-

est in land, including temporary use rights, adjacent to or in the vi-

cinity 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 in-

terest identified pursuant to paragraph (1) are unable to agree upon

a reasonable price, the Attorney General may commence condemna-

tion 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) C

ONFORMING AMENDMENT

.—Section 103(e) (as so redes-

ignated 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 immigra-

tion 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 Govern-

ment upon request of the Attorney General.

SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION

CARD.

(a) I

ENERAL

.—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 iden-

tifier (such as the fingerprint or handprint of the alien) that is ma-

chine readable and (B) an alien presenting a border crossing identi-

fication card is not permitted to cross over the border into the Unit-

ed States unless the biometric identifier contained on the card

matches the appropriate biometric characteristic of the alien.’’.

(b) E

FFECTIVE

ATES

.—

(1) C

LAUSE A

.—Clause (A) of the sentence added by the

amendment made by subsection (a) shall apply to documents is-

sued on or after 18 months after the date of the enactment of

this Act.

(2) C

LAUSE B

.—Clause (B) of such sentence shall apply to

cards presented on or after 3 years after the date of the enact-

ment of this Act.

SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.

(a) I

ENERAL

.—Section 275 (8 U.S.C. 1325) is amended—

(1) by redesignating subsections (b) and (c) as subsections

(2) by inserting after subsection (a) the following:

‘‘(b) Any alien who is apprehended while entering (or attempt-

ing to enter) the United States at a time or place other than as des-

ignated 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) E

FFECTIVE

ATE

.—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) R

EVIEW OF

IRING

TANDARDS

.—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 con-

sistent with relevant standards of professionalism.

(b) C

ERTIFICATION

.—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 Rep-

resentatives and of the Senate that all personnel hired by the Com-

missioner of Immigration and Naturalization for such fiscal year

were hired pursuant to the appropriate standards, as revised under

subsection (a).

EVIEW OF

RAINING

TANDARDS

.—

(1) R

EVIEW

.—Not later than 180 days after the date of the

enactment of this Act, the Attorney General shall complete a re-

view of the sufficiency of all training standards used by the

Commissioner of Immigration and Naturalization.

(2) R

EPORT

.—

(A) I

N GENERAL

.—Not later than 90 days after the com-

pletion of the review under paragraph (1), the Attorney

General shall submit a report to the Committees on the Ju-

diciary 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) A

REAS REQUIRING FUTURE REVIEW

.—The report

shall disclose those areas of training that the Attorney Gen-

eral determines require further review in the future.

SEC. 107. REPORT ON BORDER STRATEGY.

(a) E

VALUATION OF

TRATEGY

.—The Comptroller General of the

United States shall track, monitor, and evaluate the Attorney Gen-

eral’s strategy to deter illegal entry in the United States to deter-

mine the efficacy of such strategy.

(b) C

OOPERATION

.—The Attorney General, the Secretary of

State, and the Secretary of Defense shall cooperate with the Comp-

troller General of the United States in carrying out subsection (a).

EPORT

.—Not later than one year after the date of the enact-

ment 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 Represent-

atives 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 Gen-

eral’s strategy has been effective in reducing illegal entry. Each such

report shall include a collection and systematic analysis of data, in-

cluding 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 IM-

MIGRATION CHECKPOINTS.

(a) F

INDINGS

.—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 lead-

ing law enforcement officials on high speed vehicle chases en-

danger 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) H

IGH

PEED

LIGHT FROM

MMIGRATION

HECKPOINTS

.—

(1) I

N GENERAL

.—Chapter 35 of title 18, United States

Code, is amended by adding at the end the following:

‘‘§ 758. High speed flight from immigration checkpoint

‘‘Whoever flees or evades a checkpoint operated by the Immigra-

tion and Naturalization Service, or any other Federal law enforce-

ment 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) C

LERICAL AMENDMENT

.—The table of sections at the be-

ginning of such chapter is amended by inserting after the item

relating to section 757 the following:

‘‘758. High speed flight from immigration checkpoint.’’.

ROUNDS FOR

EPORTATION

.—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) H

IGH SPEED FLIGHT

.—Any alien who is con-

victed of a violation of section 758 of title 18, United

States Code, (relating to high speed flight from an im-

migration 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) S

TUDY

.—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 transi-

tion to automated data collection at ports of entry.

(b) R

EPORT

.—Nine months after the date of the enactment of

this Act, the Attorney General shall submit a report to the Commit-

tees 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) S

YSTEM

.—Not later than 2 years after the date of the enact-

ment 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) R

EPORT

.—

(1) D

EADLINE

.—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 Com-

mittees on the Judiciary of the House of Representatives and of

the Senate on such system.

(2) I

NFORMATION

.—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 success-

fully 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 immi-

grant or nonimmigrant.

immigrants, 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.

SE OF

NFORMATION ON

VERSTAYS

.—Information regard-

ing aliens who have remained in the United States beyond their au-

thorized period of stay identified through the system shall be inte-

grated into appropriate data bases of the Immigration and Natu-

ralization 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 Rep-

resentatives and of the Senate a final plan regarding the redeploy-

ment of border patrol personnel from interior locations to the front

lines of the border. The final plan shall be consistent with the fol-

lowing:

(1) The preliminary plan regarding such redeployment sub-

mitted by the Attorney General on May 17, 1996, to the Com-

mittee 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 as-

signed to active duty by the Immigration and Naturalization Serv-

ice and the United States Customs Service to a level adequate to as-

sure 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) E

XTENSION OF

AND

ORDER

NSPECTION

ROJECT

UTHOR

ITY

; E

STABLISHMENT OF

UTOMATED

ERMIT

ILOT

ROJECTS

.—

Section 286(q) is amended—

(1) by striking the matter preceding paragraph (2) and in-

serting the following:

‘‘(q) L

AND

ORDER

NSPECTION

CCOUNT

.—(1)(A)(i) Not-

withstanding any other provision of law, the Attorney General is au-

thorized 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 avail-

able to qualified United States citizens and aliens, as determined by

the Attorney General.

‘‘(ii) The program authorized in this subparagraph shall termi-

nate 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 com-

menced 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 quar-

terly 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) C

ONFORMING AMENDMENT

.—The Departments of Commerce,

Justice, and State, the Judiciary, and Related Agencies Appropria-

tion 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) I

ENERAL

.—The Immigration and Nationality Act is

amended by inserting after section 235 the following:

‘‘

PREINSPECTION AT FOREIGN AIRPORTS

‘‘S

. 235A. (a) E

STABLISHMENT OF

REINSPECTION

TIONS

.—

‘‘(1) N

EW 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) R

EPORT

.—Not later than October 31, 1998, the Attor-

ney General shall report to the Committees on the Judiciary of

the House of Representatives and of the Senate on the imple-

mentation of paragraph (1).

‘‘(3) D

ATA 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 pre-

ceding 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) A

DDITIONAL STATIONS

.—Subject to paragraph (5), not

later than October 31, 2000, the Attorney General, in consulta-

tion with the Secretary of State, shall establish preinspection

stations in at least 5 additional foreign airports which the At-

torney General, in consultation with the Secretary of State, de-

termines, based on the data compiled under paragraph (3) and

such other information as may be available, would most effec-

tively reduce the number of aliens who arrive from abroad by

air at points of entry within the United States who are inadmis-

sible to the United States. Such preinspection stations shall be

in addition to those established prior to the date of the enact-

ment of such Act or pursuant to paragraph (1).

‘‘(5) C

ONDITIONS

.—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 mem-

bers will receive appropriate protection;

‘‘(B) such employees and their families will not be sub-

ject 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 re-

spect to asylum seekers and refugees in accordance with the

Convention Relating to the Status of Refugees (done at Ge-

neva, 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) E

STABLISHMENT OF

ARRIER

ONSULTANT

ROGRAM

.—The

Attorney General shall assign additional immigration officers to as-

sist air carriers in the detection of fraudulent documents at foreign

airports which, based on the records maintained pursuant to sub-

section (a)(3), served as a point of departure for a significant num-

ber of arrivals at United States ports of entry without valid docu-

mentation, but where no preinspection station exists.’’.

(b) C

LERICAL

MENDMENT

.—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) U

SE OF

UNDS

.—

(1) I

N 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) A

PPLICABILITY

.—The amendments made by paragraph

(1) shall apply to expenses incurred during or after fiscal year

1997.

(b) C

OMPLIANCE

ITH

ETECTION

EGULATIONS

.—

(1) I

N GENERAL

.—Section 212(f) (8 U.S.C. 1182(f)) is

amended by adding at the end the following: ‘‘Whenever the At-

torney General finds that a commercial airline has failed to

comply with regulations of the Attorney General relating to re-

quirements 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) D

EADLINE

.—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 ensur-

ing 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 exer-

cise and perform in that foreign country under reciprocal agree-

ment, and they shall enjoy such reasonable privileges and immuni-

ties 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) A

UTHORIZATION

.—There are authorized to be appropriated

such funds as may be necessary to enable the Commissioner of Im-

migration and Naturalization to increase the number of investiga-

tors and support personnel to investigate potential violations of sec-

tions 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) A

LLOCATION OF

NVESTIGATORS

.—At least one-half of the in-

vestigators hired with funds made available under subsection (a)

shall be assigned to investigate potential violations of section 274A

of the Immigration and Nationality Act.

IMITATION ON

VERTIME

.—None of the funds made avail-

able under subsection (a) shall be available for administrative ex-

penses 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 Natu-

ralization to increase the number of investigators and support per-

sonnel 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 IMMIGRA-

TION 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 transpor-

tation of such aliens across State lines to detention centers), may

carry out such function at the expense of the State or political sub-

division 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 per-

forming a function under the agreement shall have knowledge of,

and adhere to, Federal law relating to the function, and shall con-

tain 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 be-

tween the Attorney General and the State or subdivision.

‘‘(5) With respect to each officer or employee of a State or politi-

cal subdivision who is authorized to perform a function under this

subsection, the specific powers and duties that may be, or are re-

quired 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 in-

dividual, shall be set forth in a written agreement between the At-

torney 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 em-

ployee.

‘‘(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 determin-

ing 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) I

ENERAL

.—Section 103 (8 U.S.C. 1103), as amended by

section 102(e), is further amended by adding at the end the follow-

ing:

‘‘(f) The Attorney General shall allocate to each State not fewer

than 10 full-time active duty agents of the Immigration and Natu-

ralization Service to carry out the functions of the Service, in order

to ensure the effective enforcement of this Act.’’.

(b) E

FFECTIVE

ATE

.—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 SMUG-

GLING 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 natu-

ralization or citizenship papers), section 1427 (relating to the

sale of naturalization or citizenship papers), section 1541 (relat-

ing to passport issuance without authority), section 1542 (relat-

ing to false statements in passport applications), section 1543

(relating to forgery or false use of passports), section 1544 (re-

lating 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 para-

graphs (n), (o), and (p), respectively; and

(4) by inserting after paragraph (l) the following new para-

graph:

‘‘(m) a violation of section 274, 277, or 278 of the Immigra-

tion and Nationality Act (8 U.S.C. 1324, 1327, or 1328) (relat-

ing 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 (re-

lating to the reproduction of naturalization or citizenship pa-

pers), section 1427 (relating to the sale of naturalization or citi-

zenship papers),’’ after ‘‘section 1344 (relating to financial insti-

tution 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) C

OMMERCIAL

DVANTAGE

.—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 viola-

tion 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) A

DDITIONAL

FFENSES

.—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

‘‘(v)(I) engages in any conspiracy to commit any of the pre-

ceding 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)’’;

‘‘(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 subpara-

graph (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, know-

ingly hires for employment at least 10 individuals with actual

knowledge that the individuals are aliens described in subpara-

graph (B) shall be fined under title 18, United States Code, or im-

prisoned 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.’’.

MUGGLING OF

LIENS

ILL

OMMIT

RIMES

.—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) A

PPLYING

ERTAIN

ENALTIES ON A

LIEN

ASIS

.—Sec-

tion 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 re-

spect to whom a violation of this paragraph occurs’’.

(e) S

ENTENCING

UIDELINES

.—

(1) I

N GENERAL

.—Pursuant to its authority under section

994(p) of title 28, United States Code, the United States Sen-

tencing Commission shall promulgate sentencing guidelines or

amend existing sentencing guidelines for offenders convicted of

offenses related to smuggling, transporting, harboring, or in-

ducing 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) R

EQUIREMENTS

.—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 enact-

ment of this Act;

upon an offender with 1 prior felony conviction arising out

of a separate and prior prosecution for an offense that in-

volved the same or similar underlying conduct as the cur-

rent offense, to be applied in addition to any sentencing en-

hancement that would otherwise apply pursuant to the cal-

culation of the defendant’s criminal history category;

(D) impose an additional appropriate sentencing en-

hancement 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 his-

tory category;

(E) impose an appropriate sentencing enhancement on

a defendant who, in the course of committing an offense de-

scribed in this subsection—

(i) murders or otherwise causes death, bodily in-

jury, or serious bodily injury to an individual;

(ii) uses or brandishes a firearm or other dan-

gerous weapon; or

(iii) engages in conduct that consciously or reck-

lessly places another in serious danger of death or seri-

ous bodily injury;

(F) consider whether a downward adjustment is appro-

priate if the offense is a first offense and involves the smug-

gling only of the alien’s spouse or child; and

(G) consider whether any other aggravating or mitigat-

ing circumstances warrant upward or downward sentenc-

ing adjustments.

(3) E

MERGENCY AUTHORITY TO SENTENCING COMMISSION

.—

The Commission shall promulgate the guidelines or amend-

ments 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) E

FFECTIVE

ATE

.—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 ATTOR-

NEYS.

(a) I

ENERAL

.—The number of Assistant United States Attor-

neys 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) A

SSIGNMENT

.—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) I

ENERAL

.—Title II is amended by adding at the end the

following new section:

‘‘

UNDERCOVER INVESTIGATION AUTHORITY

‘‘S

. 294. (a) I

ENERAL

.—With respect to any undercover in-

vestigative operation of the Service which is necessary for the detec-

tion and prosecution of crimes against the United States—

‘‘(1) sums appropriated for the Service may be used for leas-

ing space within the United States and the territories and pos-

sessions 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 head-

ing ‘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 Fed-

eral 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 es-

tablish or to acquire proprietary corporations or business enti-

ties as part of an undercover operation, and to operate such cor-

porations or business entities on a commercial basis, without

regard to the provisions of section 304 of the Government Cor-

poration 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 para-

graph (1), (2), (3), or (4) is necessary for the conduct of the under-

cover operation.

‘‘(b) D

ISPOSITION OF

ROCEEDS

ONGER

EQUIRED

.—As

soon as practicable after the proceeds from an undercover investiga-

tive operation, carried out under paragraphs (3) and (4) of sub-

section (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 mis-

cellaneous receipts.

‘‘(c) D

ISPOSITION OF

ERTAIN

ORPORATIONS AND

USINESS

TITIES

.—If a corporation or business entity established or acquired

as part of an undercover operation under paragraph (2) of sub-

section (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 Gen-

eral. 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) F

INANCIAL

UDITS

.—The Service shall conduct detailed fi-

nancial 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) C

LERICAL

MENDMENT

.—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) F

RAUD AND

ISUSE OF

OVERNMENT

-I

SSUED

DENTIFICA

TION

OCUMENTS

.—(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;

(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 amend-

ed by striking ‘‘imprisoned not more’’ and all that follows through

‘‘years’’ each place it appears and inserting the following: ‘‘impris-

oned not more than 25 years (if the offense was committed to facili-

tate 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 of-

fense)’’.

(b) C

HANGES TO THE

ENTENCING

EVELS

.—

(1) I

N 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 sub-

section.

(2) R

EQUIREMENTS

.—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;

upon an offender with 1 prior felony conviction arising out

of a separate and prior prosecution for an offense that in-

volved the same or similar underlying conduct as the cur-

rent offense, to be applied in addition to any sentencing en-

hancement that would otherwise apply pursuant to the cal-

culation of the defendant’s criminal history category;

(D) impose an additional appropriate sentencing en-

hancement 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 his-

tory category; and

(E) consider whether any other aggravating or mitigat-

ing circumstances warrant upward or downward sentenc-

ing adjustments.

(3) E

MERGENCY AUTHORITY TO SENTENCING COMMISSION

.—

The Commission shall promulgate the guidelines or amend-

ments 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.

FFECTIVE

ATE

.—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) A

CTIVITIES

ROHIBITED

.—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 follow-

ing: ‘‘or obtaining a benefit under this Act’’; and

(4) in paragraph (4)—

(A) by inserting ‘‘or with respect to’’ after ‘‘issued to’’;

(B) by adding before the period at the end the follow-

ing: ‘‘or obtaining a benefit under this Act’’; and

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 re-

quired under this Act, or any document submitted in connection

with such application or document, with knowledge or in reck-

less disregard of the fact that such application or document was

falsely made or, in whole or in part, does not relate to the per-

son 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 re-

lates 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) D

EFINITION OF

ALSELY

AKE

.—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) F

ALSELY

AKE

.—For purposes of this section, the term

‘falsely make’ means to prepare or provide an application or docu-

ment, 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.’’.

ONFORMING

MENDMENT

.—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) W

AIVER BY

TTORNEY

ENERAL

.—Section 274C(d) (8 U.S.C.

1324c(d)) is amended by adding at the end the following new para-

graph:

‘‘(7) W

AIVER 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) E

FFECTIVE

ATE

.—Section 274C(f) of the Immigration and

Nationality Act, as added by subsection (b), applies to the prepara-

tion 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) C

RIMINAL

ENALTIES FOR

AILURE

ISCLOSE

OLE AS

OCUMENT

REPARER

.—(1) Whoever, in any matter within the juris-

diction of the Service, knowingly and willfully fails to disclose, con-

ceals, or covers up the fact that they have, on behalf of any person

and for a fee or other remuneration, prepared or assisted in prepar-

ing 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 ap-

plication.

‘‘(2) Whoever, having been convicted of a violation of paragraph

(1), knowingly and willfully prepares or assists in preparing an ap-

plication for immigration benefits pursuant to this Act, or the regu-

lations promulgated thereunder, whether or not for a fee or other re-

muneration and regardless of whether in any matter within the ju-

risdiction 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 DOCU-

MENT 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 in-

serting ‘‘; 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 unlaw-

fully 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 initia-

tive, recall, or referendum)—’’.

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

ELECTION.

(a) I

ENERAL

.—Title 18, United States Code, is amended by

inserting after section 610 the following:

‘‘§ 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 independ-

ently 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) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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 con-

nection 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 air-

craft 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 com-

mission of a violation of, or a conspiracy to violate, sub-

section (a), section 274A(a)(1) or 274A(a)(2) of the Immigra-

tion 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 conspir-

acy to violate, subsection (a), section 274A(a)(1) or

274A(a)(2) of the Immigration and Nationality Act, or sec-

tion 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 sub-

paragraph.

‘‘(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 Pre-

vention and Control Act of 1970 (21 U.S.C. 853), other than sub-

sections (a) and (d) of such section 413.’’.

SEC. 218. CRIMINAL PENALTIES FOR INVOLUNTARY SERVITUDE.

(a) A

MENDMENTS TO

ITLE

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) R

EVIEW OF

ENTENCING

UIDELINES

.—The United States

Sentencing Commission shall ascertain whether there exists an un-

warranted disparity—

(1) between the sentences for peonage, involuntary ser-

vitude, and slave trade offenses, and the sentences for kidnap-

ping offenses in effect on the date of the enactment of this Act;

and

(2) between the sentences for peonage, involuntary ser-

vitude, 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).

MENDMENT OF

ENTENCING

UIDELINES

.—

(1) I

N GENERAL

.—Pursuant to its authority under section

994(p) of title 28, United States Code, the United States Sen-

tencing 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 smug-

gling 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

priateness of enhanced sentences for defendants whose pe-

onage, involuntary servitude, or slave trade offenses in-

volve—

(i) a large number of victims;

(ii) the use or threatened use of a dangerous weap-

on; or

(iii) a prolonged period of peonage or involuntary

servitude.

(2) E

MERGENCY AUTHORITY TO SENTENCING COMMISSION

.—

The Commission shall promulgate the guidelines or amend-

ments 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) E

FFECTIVE

ATE

.—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 Evi-

dence, the videotaped (or otherwise audiovisually preserved) deposi-

tion of a witness to a violation of subsection (a) who has been de-

ported 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 ex-

amination and the deposition otherwise complies with the Federal

Rules of Evidence.’’.

SEC. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD ENFORCE-

MENT.

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 Commis-

sioner 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, APPREHEN-

SION, 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 WITH-

OUT AUTHORIZATION AS NOT ADMITTED.

(a) ‘‘A

DMISSION

’’ D

EFINED

.—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 re-

spect 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 per-

mitted to land temporarily as an alien crewman shall not be consid-

ered 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 continu-

ous 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, in-

cluding 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 im-

migration officer.’’.

(b) I

NADMISSIBILITY OF

LIENS

REVIOUSLY

EMOVED AND

LAWFULLY

RESENT

.—

(1) I

N 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) A

LIENS PREVIOUSLY REMOVED

.—

‘‘(A) C

ERTAIN ALIENS PREVIOUSLY REMOVED

.—

‘‘(i) A

RRIVING ALIENS

.—Any alien who has been or-

dered 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 ad-

mission 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) O

THER 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) E

XCEPTION

.—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) A

LIENS UNLAWFULLY PRESENT

.—

‘‘(i) I

N 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) C

ONSTRUCTION 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) E

XCEPTIONS

.—

‘‘(I) M

INORS

.—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) A

SYLEES

.—No period of time in which an

alien has a bona fide application for asylum pend-

ing 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 author-

ization in the United States.

‘‘(III) F

AMILY UNITY

.—No period of time in

which the alien is a beneficiary of family unity

protection pursuant to section 301 of the Immigra-

tion Act of 1990 shall be taken into account in de-

termining the period of unlawful presence in the

United States under clause (i).

‘‘(IV) B

ATTERED 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) T

OLLING 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 ex-

piration of the period of stay authorized by the At-

torney General, and

‘‘(III) has not been employed without author-

ization 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 appli-

cation, but not to exceed 120 days.

‘‘(v) W

AIVER

.—The Attorney General has sole dis-

cretion 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 deci-

sion or action by the Attorney General regarding a

waiver under this clause.

‘‘(C) A

LIENS UNLAWFULLY PRESENT AFTER PREVIOUS IM

MIGRATION VIOLATIONS

.—

‘‘(i) I

N GENERAL

.—Any alien who—

‘‘(I) has been unlawfully present in the United

States for an aggregate period of more than 1 year,

‘‘(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) E

XCEPTION

.—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 Gen-

eral has consented to the alien’s reapplying for admis-

sion.’’.

(2) L

IMITATION ON CHANGE OF STATUS

.—Section 248 (8

U.S.C. 1258) is amended by inserting ‘‘and who is not inadmis-

sible 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) T

REATMENT 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 un-

lawful presence in the United States.

EVISION TO

ROUND OF

NADMISSIBILITY FOR

LLEGAL

TRANTS AND

MMIGRATION

IOLATORS

.—

(1) I

N GENERAL

.—Subparagraphs (A) and (B) of section

212(a)(6) (8 U.S.C. 1182(a)(6)) are amended to read as follows:

‘‘(A) A

LIENS PRESENT WITHOUT ADMISSION OR PA

ROLE

.—

‘‘(i) I

N GENERAL

.—An alien present in the United

States without being admitted or paroled, or who ar-

rives in the United States at any time or place other

than as designated by the Attorney General, is inad-

missible.

‘‘(ii) E

XCEPTION 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 par-

ent 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 be-

tween the battery or cruelty described in subclause

(I) or (II) and the alien’s unlawful entry into the

United States.

‘‘(B) F

AILURE TO ATTEND REMOVAL PROCEEDING

.—Any

alien who without reasonable cause fails or refuses to at-

tend 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) T

RANSITION FOR BATTERED SPOUSE OR CHILD PROVI

SION

.—The requirements of subclauses (II) and (III) of section

212(a)(6)(A)(ii) of the Immigration and Nationality Act, as in-

serted by paragraph (1), shall not apply to an alien who dem-

onstrates that the alien first arrived in the United States before

the title III–A effective date (described in section 309(a)).

(d) A

DJUSTMENT IN

ROUNDS FOR

EPORTATION

.—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 ‘‘E

XCLUDABLE

’’ each

place it appears and inserting ‘‘I

NADMISSIBLE

’’;

(3) in subsection (a)(1)(A), by striking ‘‘excludable’’ and in-

serting ‘‘inadmissible’’; and

(4) by amending subparagraph (B) of subsection (a)(1) to

read as follows:

‘‘(B) P

RESENT 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 INADMIS-

SIBLE ARRIVING ALIENS; REFERRAL FOR HEARING (RE-

VISED SECTION 235).

(a) I

ENERAL

.—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

‘‘S

. 235. (a) I

NSPECTION

.—

‘‘(1) A

LIENS 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 des-

ignated port of arrival and including an alien who is brought

to the United States after having been interdicted in inter-

national or United States waters) shall be deemed for purposes

of this Act an applicant for admission.

‘‘(2) S

TOWAWAYS

.—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 stow-

away is found to have a credible fear of persecution under sub-

section (b)(1)(B). In no case may a stowaway be considered an

applicant for admission or eligible for a hearing under section

240.

‘‘(3) I

NSPECTION

.—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 in-

spected by immigration officers.

‘‘(4) W

ITHDRAWAL OF APPLICATION FOR ADMISSION

.—An

alien applying for admission may, in the discretion of the Attor-

ney General and at any time, be permitted to withdraw the ap-

plication for admission and depart immediately from the Unit-

ed States.

‘‘(5) S

TATEMENTS

.—An applicant for admission may be re-

quired to state under oath any information sought by an immi-

gration officer regarding the purposes and intentions of the ap-

plicant 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 citi-

zen, and whether the applicant is inadmissible.

‘‘(b) I

NSPECTION OF

PPLICANTS FOR

DMISSION

.—

‘‘(1) I

NSPECTION OF ALIENS ARRIVING IN THE UNITED STATES

AND CERTAIN OTHER ALIENS WHO HAVE NOT BEEN ADMITTED OR

PAROLED

.—

‘‘(A) S

CREENING

.—

‘‘(i) I

N GENERAL

.—If an immigration officer deter-

mines 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 sec-

tion 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) C

LAIMS FOR ASYLUM

.—If an immigration offi-

cer determines that an alien (other than an alien de-

scribed in subparagraph (F)) who is arriving in the

United States or is described in clause (iii) is inadmis-

sible 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 offi-

cer under subparagraph (B).

‘‘(iii) A

PPLICATION TO CERTAIN OTHER ALIENS

.—

‘‘(I) I

N GENERAL

.—The Attorney General may

apply clauses (i) and (ii) of this subparagraph to

any or all aliens described in subclause (II) as des-

ignated 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) A

LIENS 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 im-

migration officer, that the alien has been phys-

ically 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) A

SYLUM INTERVIEWS

.—

‘‘(i) C

ONDUCT 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) R

EFERRAL 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) R

EMOVAL WITHOUT FURTHER REVIEW IF NO

CREDIBLE FEAR OF PERSECUTION

.—

‘‘(I) I

N 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) R

ECORD 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 ap-

plicant, 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 estab-

lished a credible fear of persecution. A copy of the

officer’s interview notes shall be attached to the

written summary.

‘‘(III) R

EVIEW OF DETERMINATION

.—The Attor-

ney General shall provide by regulation and upon

the alien’s request for prompt review by an immi-

gration judge of a determination under subclause

(I) that the alien does not have a credible fear of

persecution. Such review shall include an oppor-

tunity for the alien to be heard and questioned by

the immigration judge, either in person or by tele-

phonic or video connection. Review shall be con-

cluded as expeditiously as possible, to the maxi-

mum extent practicable within 24 hours, but in no

case later than 7 days after the date of the deter-

mination under subclause (I).

‘‘(IV) M

ANDATORY DETENTION

.—Any alien sub-

ject to the procedures under this clause shall be de-

tained pending a final determination of credible

fear of persecution and, if found not to have such

a fear, until removed.

‘‘(iv) I

NFORMATION ABOUT INTERVIEWS

.—The Attor-

ney 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 At-

torney General. Such consultation shall be at no ex-

pense to the Government and shall not unreasonably

delay the process.

‘‘(v) C

REDIBLE 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) L

IMITATION 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 At-

torney General shall provide by regulation for prompt re-

view 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) L

IMIT 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) A

SYLUM OFFICER DEFINED

.—As used in this para-

graph, the term ‘asylum officer’ means an immigration offi-

cer who—

‘‘(i) has had professional training in country condi-

tions, asylum law, and interview techniques com-

parable to that provided to full-time adjudicators of

applications under section 208, and

‘‘(ii) is supervised by an officer who meets the con-

dition described in clause (i) and has had substantial

experience adjudicating asylum applications.

‘‘(F) E

XCEPTION

.—Subparagraph (A) shall not apply to

an alien who is a native or citizen of a country in the West-

ern Hemisphere with whose government the United States

does not have full diplomatic relations and who arrives by

aircraft at a port of entry.

‘‘(2) I

NSPECTION OF OTHER ALIENS

.—

‘‘(A) I

N GENERAL

.—Subject to subparagraphs (B) and

(C), in the case of an alien who is an applicant for admis-

sion, 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) E

XCEPTION

.—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) T

REATMENT OF ALIENS ARRIVING FROM CONTIG

UOUS TERRITORY

.—In the case of an alien described in sub-

paragraph (A) who is arriving on land (whether or not at

a designated port of arrival) from a foreign territory contig-

uous to the United States, the Attorney General may return

the alien to that territory pending a proceeding under sec-

tion 240.

‘‘(3) C

HALLENGE OF DECISION

.—The decision of the examin-

ing immigration officer, if favorable to the admission of any

alien, shall be subject to challenge by any other immigration of-

ficer 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) R

EMOVAL OF

LIENS

NADMISSIBLE ON

ECURITY AND

LATED

ROUNDS

.—

‘‘(1) R

EMOVAL WITHOUT FURTHER HEARING

.—If an immigra-

tion 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 Gen-

eral; and

‘‘(C) not conduct any further inquiry or hearing until

ordered by the Attorney General.

‘‘(2) R

EVIEW OF ORDER

.—(A) The Attorney General shall re-

view 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 inter-

est, safety, or security,

the Attorney General may order the alien removed without fur-

ther 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) S

UBMISSION OF STATEMENT AND INFORMATION

.—The

alien or the alien’s representative may submit a written state-

ment and additional information for consideration by the Attor-

ney General.

‘‘(d) A

UTHORITY

ELATING TO

NSPECTIONS

.—

‘‘(1) A

UTHORITY 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) A

UTHORITY TO ORDER DETENTION AND DELIVERY OF AR

RIVING 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 (ex-

cept 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) A

DMINISTRATION OF OATH AND CONSIDERATION OF EVI

DENCE

.—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 con-

cerning any matter which is material and relevant to the en-

forcement of this Act and the administration of the Service.

‘‘(4) S

UBPOENA AUTHORITY

.—(A) The Attorney General and

any immigration officer shall have power to require by sub-

poena the attendance and testimony of witnesses before immi-

gration officers and the production of books, papers, and docu-

ments 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 re-

spond 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 S

TUDY ON

PERATION OF

XPEDITED

EMOVAL

ROCE

DURES

.—

(1) S

TUDY

.—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 il-

legal entry,

(B) the detention and adjudication resources saved as

a result of the procedures,

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 deter-

minations, and

(E) the cooperation of other countries and air carriers

in accepting and returning aliens removed under such pro-

cedures.

(2) R

EPORT

.—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 Representa-

tives and the Senate a report on the study conducted under

paragraph (1).

SEC. 303. APPREHENSION AND DETENTION OF ALIENS (REVISED SEC-

TION 236).

(a) I

ENERAL

.—Section 236 (8 U.S.C. 1226) is amended to

read as follows:

‘‘

APPREHENSION AND DETENTION OF ALIENS

‘‘S

. 236. (a) A

RREST

, D

ETENTION

AND

ELEASE

.—On a war-

rant 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 Gen-

eral; or

‘‘(B) conditional parole; but

‘‘(3) may not provide the alien with work authorization (in-

cluding an ‘employment authorized’ endorsement or other ap-

propriate work permit), unless the alien is lawfully admitted for

permanent residence or otherwise would (without regard to re-

moval proceedings) be provided such authorization.

‘‘(b) R

EVOCATION OF

OND OR

AROLE

.—The Attorney General

at any time may revoke a bond or parole authorized under sub-

section (a), rearrest the alien under the original warrant, and detain

the alien.

‘‘(c) D

ETENTION OF

RIMINAL

LIENS

.—

‘‘(1) C

USTODY

.—The Attorney General shall take into cus-

tody 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 de-

portable 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 impris-

oned again for the same offense.

‘‘(2) R

ELEASE

.—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 protec-

tion 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 dan-

ger 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) I

DENTIFICATION OF

RIMINAL

LIENS

.—(1) The Attorney

General shall devise and implement a system—

‘‘(A) to make available, daily (on a 24-hour basis), to Fed-

eral, 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 en-

forcement 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 fel-

ony, and indicates those who have been removed.

‘‘(2) The record under paragraph (1)(C) shall be made avail-

able—

‘‘(A) to inspectors at ports of entry and to border patrol

agents at sector headquarters for purposes of immediate identi-

fication 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) J

UDICIAL

EVIEW

.—The Attorney General’s discretionary

judgment regarding the application of this section shall not be sub-

ject to review. No court may set aside any action or decision by the

Attorney General under this section regarding the detention or re-

lease of any alien or the grant, revocation, or denial of bond or pa-

role.’’.

(b) E

FFECTIVE

ATE

.—

(1) I

N GENERAL

.—The amendment made by subsection (a)

shall become effective on the title III–A effective date.

(2) N

OTIFICATION 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 in-

sufficient detention space and Immigration and Naturalization

Service personnel available to carry out section 236(c) of the Im-

migration 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) T

RANSITION PERIOD CUSTODY RULES

.—

(A) I

N GENERAL

.—During the period in which this

paragraph is in effect pursuant to paragraph (2), the Attor-

ney 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) R

ELEASE

.—The Attorney General may release the

alien only if the alien is an alien described in subpara-

graph (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 des-

ignated 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 pro-

ceeding.

SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF REMOVAL AND

ADJUSTMENT OF STATUS; VOLUNTARY DEPARTURE (RE-

VISED AND NEW SECTIONS 239 TO 240C).

(a) I

ENERAL

.—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

‘‘S

. 239. (a) N

OTICE TO

PPEAR

.—

‘‘(1) I

N GENERAL

.—In removal proceedings under section

240, written notice (in this section referred to as a ‘notice to ap-

pear’) shall be given in person to the alien (or, if personal serv-

ice 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 pre-

pared under subsection (b)(2).

‘‘(F)(i) The requirement that the alien must imme-

diately 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 pro-

ceedings 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 fail-

ure 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) N

OTICE OF CHANGE IN TIME OR PLACE OF PROCEED

INGS

.—

‘‘(A) I

N GENERAL

.—In removal proceedings under sec-

tion 240, in the case of any change or postponement in the

time and place of such proceedings, subject to subpara-

graph (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 at-

tend such proceedings.

‘‘(B) E

XCEPTION

.—In the case of an alien not in deten-

tion, a written notice shall not be required under this para-

graph if the alien has failed to provide the address re-

quired under paragraph (1)(F).

‘‘(3) C

ENTRAL 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) S

ECURING OF

OUNSEL

.—

‘‘(1) I

N 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) C

URRENT 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 gen-

erally available.

‘‘(3) R

ULE OF CONSTRUCTION

.—Nothing in this subsection

may be construed to prevent the Attorney General from proceed-

ing 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) S

ERVICE BY

AIL

.—Service by mail under this section shall

be sufficient if there is proof of attempted delivery to the last ad-

dress provided by the alien in accordance with subsection (a)(1)(F).

‘‘(d) P

ROMPT

NITIATION OF

EMOVAL

.—(1) In the case of an

alien who is convicted of an offense which makes the alien deport-

able, 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

‘‘S

. 240. (a) P

ROCEEDING

.—

‘‘(1) I

N GENERAL

.—An immigration judge shall conduct pro-

ceedings for deciding the inadmissibility or deportability of an

alien.

‘‘(2) C

HARGES

.—An alien placed in proceedings under this

section may be charged with any applicable ground of inadmis-

sibility under section 212(a) or any applicable ground of deport-

ability under section 237(a).

‘‘(3) E

XCLUSIVE 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 admit-

ted, removed from the United States. Nothing in this section

shall affect proceedings conducted pursuant to section 238.

‘‘(b) C

ONDUCT OF

ROCEEDING

.—

‘‘(1) A

UTHORITY 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 Attor-

ney 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) F

ORM OF PROCEEDING

.—

‘‘(A) I

N 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 tele-

phone conference.

‘‘(B) C

ONSENT REQUIRED IN CERTAIN CASES

.—An evi-

dentiary 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 pro-

ceed in person or through video conference.

‘‘(3) P

RESENCE 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) A

LIENS RIGHTS IN PROCEEDING

.—In proceedings under

this section, under regulations of the Attorney General—

‘‘(A) the alien shall have the privilege of being rep-

resented, at no expense to the Government, by counsel of the

alien’s choosing who is authorized to practice in such pro-

ceedings,

‘‘(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 enti-

tle 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) C

ONSEQUENCES OF FAILURE TO APPEAR

.—

‘‘(A) I

N 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 or-

dered removed in absentia if the Service establishes by

clear, unequivocal, and convincing evidence that the writ-

ten 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) N

O NOTICE IF FAILURE TO PROVIDE ADDRESS IN

FORMATION

.—No written notice shall be required under

subparagraph (A) if the alien has failed to provide the ad-

dress required under section 239(a)(1)(F).

‘‘(C) R

ESCISSION OF ORDER

.—Such an order may be re-

scinded only—

‘‘(i) upon a motion to reopen filed within 180 days

after the date of the order of removal if the alien dem-

onstrates that the failure to appear was because of ex-

ceptional 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 sec-

tion 239(a) or the alien demonstrates that the alien

was in Federal or State custody and the failure to ap-

pear 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) E

FFECT ON JUDICIAL REVIEW

.—Any petition for re-

view 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 at-

tending the proceeding, and (iii) whether or not the alien

is removable.

‘‘(E) A

DDITIONAL 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) T

REATMENT 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 sanc-

tioned,

‘‘(B) specify the circumstances under which an admin-

istrative 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 behav-

ior.

Nothing in this paragraph shall be construed as limiting the

authority of the Attorney General to take actions with respect to

inappropriate behavior.

‘‘(7) L

IMITATION 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 cir-

cumstances (as defined in subsection (e)(1)) to attend a proceed-

ing under this section, shall not be eligible for relief under sec-

tion 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) D

ECISION AND

URDEN OF

ROOF

.—

‘‘(1) D

ECISION

.—

‘‘(A) I

N GENERAL

.—At the conclusion of the proceeding

the immigration judge shall decide whether an alien is re-

movable from the United States. The determination of the

immigration judge shall be based only on the evidence pro-

duced at the hearing.

‘‘(B) C

ERTAIN 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 immi-

gration judge shall be based solely upon such certification.

‘‘(2) B

URDEN 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 docu-

ment, if any, and any other records and documents, not consid-

ered by the Attorney General to be confidential, pertaining to

the alien’s admission or presence in the United States.

‘‘(3) B

URDEN ON SERVICE IN CASES OF DEPORTABLE

ALIENS

.—

‘‘(A) I

N 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 de-

portability shall be valid unless it is based upon reason-

able, substantial, and probative evidence.

‘‘(B) P

ROOF 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 sen-

tence.

‘‘(iii) A docket entry from court records that indi-

cates 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 con-

viction 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 individ-

ual named in the record.

‘‘(C) E

LECTRONIC 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 offi-

cial 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 com-

puter-generated signature and statement of authenticity.

‘‘(4) N

OTICE

.—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 re-

moval, including civil and criminal penalties.

‘‘(5) M

OTIONS TO RECONSIDER

.—

‘‘(A) I

N GENERAL

.—The alien may file one motion to re-

consider a decision that the alien is removable from the

United States.

‘‘(B) D

EADLINE

.—The motion must be filed within 30

days of the date of entry of a final administrative order of

removal.

‘‘(C) C

ONTENTS

.—The motion shall specify the errors of

law or fact in the previous order and shall be supported by

pertinent authority.

‘‘(6) M

OTIONS TO REOPEN

.—

‘‘(A) I

N GENERAL

.—An alien may file one motion to re-

open proceedings under this section.

‘‘(B) C

ONTENTS

.—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) D

EADLINE

.—

‘‘(i) I

N GENERAL

.—Except as provided in this sub-

paragraph, the motion to reopen shall be filed within

90 days of the date of entry of a final administrative

order of removal.

‘‘(ii) A

SYLUM

.—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) F

AILURE 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) S

TIPULATED

EMOVAL

.—The Attorney General shall pro-

vide 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 de-

termination of the alien’s removability from the United States.

‘‘(e) D

EFINITIONS

.—In this section and section 240A:

‘‘(1) E

XCEPTIONAL CIRCUMSTANCES

.—The term ‘exceptional

circumstances’ refers to exceptional circumstances (such as seri-

ous 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) R

EMOVABLE

.—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

‘‘S

. 240A. (a) C

ANCELLATION OF

EMOVAL FOR

ERTAIN

MANENT

ESIDENTS

.—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 res-

idence 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) C

ANCELLATION OF

EMOVAL AND

DJUSTMENT OF

TATUS

FOR

ERTAIN

ONPERMANENT

ESIDENTS

.—

‘‘(1) I

N GENERAL

.—The Attorney General may cancel re-

moval 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 imme-

diately 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 excep-

tional 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 resi-

dence.

‘‘(2) S

PECIAL 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 sub-

jected to extreme cruelty in the United States by such citi-

zen 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 im-

mediately preceding the date of such application;

‘‘(C) the alien has been a person of good moral char-

acter 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 ap-

plication. The determination of what evidence is credible and

the weight to be given that evidence shall be within the sole dis-

cretion of the Attorney General.

‘‘(3) A

DJUSTMENT 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 adjust-

ments under this paragraph shall not exceed 4,000 for any fis-

cal 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) A

LIENS

NELIGIBLE FOR

ELIEF

.—The provisions of sub-

sections (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 non-

immigrant 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 non-

immigrant exchange alien as defined in section

101(a)(15)(J) or has acquired the status of such a non-

immigrant exchange alien after admission other than to re-

ceive graduate medical education or training,

‘‘(B) is subject to the two-year foreign residence require-

ment 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 en-

actment of the Illegal Immigration Reform and Immigrant Re-

sponsibility Act of 1996.

‘‘(d) S

PECIAL

ULES

ELATING TO

ONTINUOUS

ESIDENCE OR

HYSICAL

RESENCE

.—

‘‘(1) T

ERMINATION 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 sec-

tion 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 earli-

est.

‘‘(2) T

REATMENT 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 aggre-

gate exceeding 180 days.

‘‘(3) C

ONTINUITY NOT REQUIRED BECAUSE OF HONORABLE

SERVICE IN ARMED FORCES AND PRESENCE UPON ENTRY INTO

SERVICE

.—The requirements of continuous residence or continu-

ous 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) A

NNUAL

IMITATION

.—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 ef-

fect before the enactment of the Illegal Immigration Reform and Im-

migrant Responsibility Act of 1996), of a total of more than 4,000

aliens in any fiscal year. The previous sentence shall apply regard-

less 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

‘‘S

. 240B. (a) C

ERTAIN

ONDITIONS

.—

‘‘(1) I

N 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 pro-

ceedings 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) P

ERIOD

.—Permission to depart voluntarily under this

subsection shall not be valid for a period exceeding 120 days.

‘‘(3) B

OND

.—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 speci-

fied.

‘‘(4) T

REATMENT 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 para-

graph shall be construed as preventing such an alien from

withdrawing the application for admission in accordance with

section 235(a)(4).

‘‘(b) A

ONCLUSION OF

ROCEEDINGS

.—

‘‘(1) I

N 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 de-

parture 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 preced-

ing 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) P

ERIOD

.—Permission to depart voluntarily under this

subsection shall not be valid for a period exceeding 60 days.

‘‘(3) B

OND

.—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 de-

part, to be surrendered upon proof that the alien has departed

the United States within the time specified.

‘‘(c) A

LIENS

LIGIBLE

.—The Attorney General shall not per-

mit an alien to depart voluntarily under this section if the alien was

previously permitted to so depart after having been found inadmis-

sible under section 212(a)(6)(A).

‘‘(d) C

IVIL

ENALTY FOR

AILURE TO

EPART

.—If an alien is

permitted to depart voluntarily under this section and fails volun-

tarily 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) A

DDITIONAL

ONDITIONS

.—The Attorney General may by

regulation limit eligibility for voluntary departure under this sec-

tion for any class or classes of aliens. No court may review any reg-

ulation issued under this subsection.

‘‘(f) J

UDICIAL

EVIEW

.—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 vol-

untary departure.’’.

(b) R

EPEAL OF

ECTION

212(c).—Section 212(c) (8 U.S.C.

1182(c)) is repealed.

TREAMLINING

EMOVAL OF

RIMINAL

LIENS

.—

(1) I

N 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 in-

dividual 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

subparagraph (E) and (F), respectively.

(2) E

FFECTIVE DATE

.—The amendments made by para-

graph (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) I

ENERAL

.—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 sec-

tion 304(a)(2)) the following new section:

‘‘

DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED

‘‘S

. 241. (a) D

ETENTION

, R

ELEASE

AND

EMOVAL OF

LIENS

RDERED

EMOVED

.—

‘‘(1) R

EMOVAL PERIOD

.—

‘‘(A) I

N 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) B

EGINNING OF PERIOD

.—The removal period be-

gins on the latest of the following:

‘‘(i) The date the order of removal becomes admin-

istratively 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 re-

leased from detention or confinement.

‘‘(C) S

USPENSION 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) D

ETENTION

.—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) S

UPERVISION 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 regula-

tions prescribed by the Attorney General. The regulations shall

include provisions requiring the alien—

‘‘(A) to appear before an immigration officer periodi-

cally for identification;

‘‘(B) to submit, if necessary, to a medical and psy-

chiatric examination at the expense of the United States

Government;

‘‘(C) to give information under oath about the alien’s

nationality, circumstances, habits, associations, and activi-

ties, 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 pre-

scribes for the alien.

‘‘(4) A

LIENS IMPRISONED

ARRESTED

OR ON PAROLE

SUPER

VISED RELEASE

OR PROBATION

.—

‘‘(A) I

N 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) E

XCEPTION FOR REMOVAL OF NONVIOLENT OFFEND

ERS PRIOR TO COMPLETION OF SENTENCE OF IMPRISON

MENT

.—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 imprison-

ment—

‘‘(i) in the case of an alien in the custody of the At-

torney 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 de-

scribed 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 in-

carceration 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) N

OTICE

.—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 re-

moved under subparagraph (B).

‘‘(D) N

O PRIVATE RIGHT

.—No cause or claim may be as-

serted under this paragraph against any official of the

United States or of any State to compel the release, re-

moval, or consideration for release or removal of any alien.

‘‘(5) R

EINSTATEMENT 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 re-

moval, 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) I

NADMISSIBLE 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) E

MPLOYMENT AUTHORIZATION

.—No alien ordered re-

moved shall be eligible to receive authorization to be employed

in the United States unless the Attorney General makes a spe-

cific 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) C

OUNTRIES TO

HICH

LIENS

EMOVED

.—

‘‘(1) A

LIENS ARRIVING AT THE UNITED STATES

.—Subject to

paragraph (3)—

‘‘(A) I

N GENERAL

.—Except as provided by subpara-

graphs (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) T

RAVEL FROM CONTIGUOUS TERRITORY

.—If the

alien boarded the vessel or aircraft on which the alien ar-

rived 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 contig-

uous to the United States, and the alien is not a native, cit-

izen, subject, or national of, or does not reside in, the terri-

tory 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) A

LTERNATIVE COUNTRIES

.—If the government of

the country designated in subparagraph (A) or (B) is un-

willing to accept the alien into that country’s territory, re-

moval shall be to any of the following countries, as directed

by the Attorney General:

‘‘(i) The country of which the alien is a citizen, sub-

ject, or national.

‘‘(ii) The country in which the alien was born.

‘‘(iii) The country in which the alien has a resi-

dence.

‘‘(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 subpara-

graph is impracticable, inadvisable, or impossible.

‘‘(2) O

THER ALIENS

.—Subject to paragraph (3)—

‘‘(A) S

ELECTION OF COUNTRY BY ALIEN

.—Except as oth-

erwise 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) L

IMITATION ON DESIGNATION

.—An alien may des-

ignate under subparagraph (A)(i) a foreign territory contig-

uous 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) D

ISREGARDING DESIGNATION

.—The Attorney Gen-

eral 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) A

LTERNATIVE COUNTRY

.—If an alien is not re-

moved 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 coun-

try.

‘‘(E) A

DDITIONAL 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 admit-

ted 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 en-

tered 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 pre-

vious clause of this subparagraph, another country

whose government will accept the alien into that coun-

try.

‘‘(F) R

EMOVAL COUNTRY WHEN UNITED STATES IS AT

WAR

.—When the United States is at war and the Attorney

General decides that it is impracticable, inadvisable, incon-

venient, or impossible to remove an alien under this sub-

section because of the war, the Attorney General may re-

move 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 per-

mit 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 citi-

zen or subject, to another country.

‘‘(3) R

ESTRICTION ON REMOVAL TO A COUNTRY WHERE

ALIEN

’

S LIFE OR FREEDOM WOULD BE THREATENED

.—

‘‘(A) I

N 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) E

XCEPTION

.—Subparagraph (A) does not apply to

an alien deportable under section 237(a)(4)(D) or if the At-

torney General decides that—

‘‘(i) the alien ordered, incited, assisted, or other-

wise 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 par-

ticularly serious crime. The previous sentence shall not pre-

clude the Attorney General from determining that, notwith-

standing 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) R

EMOVAL OF

LIENS

RRIVING AT

ORT OF

NTRY

.—

‘‘(1) V

ESSELS AND AIRCRAFT

.—An alien arriving at a port of

entry of the United States who is ordered removed either with-

out 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 air-

craft 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) S

TAY OF REMOVAL

.—

‘‘(A) I

N 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;

‘‘(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) P

AYMENT OF DETENTION COSTS

.—During the pe-

riod 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 Serv-

ice—Salaries and Expenses’—

‘‘(i) the cost of maintenance of the alien; and

‘‘(ii) a witness fee of $1 a day.

‘‘(C) R

ELEASE DURING STAY

.—The Attorney General

may release an alien whose removal is stayed under sub-

paragraph (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) C

OSTS OF DETENTION AND MAINTENANCE PENDING RE

MOVAL

.—

‘‘(A) I

N 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 pe-

riod of time reasonably necessary for the owner to

arrange for repatriation or removal of the stow-

away, including obtaining necessary travel docu-

ments, 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 stow-

away 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 deter-

mined to have a credible fear of persecution.

‘‘(B) N

ONAPPLICATION

.—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 tem-

porary 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 tem-

porary admission to the United States or a reentry per-

mit;

‘‘(II) the alien applies for admission more than 120

days after the date the visa or documentation was is-

sued or after the date of the last inspection and admis-

sion 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 discov-

ered 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) R

EQUIREMENTS OF

ERSONS

ROVIDING

RANSPOR

TATION

.—

‘‘(1) R

EMOVAL AT TIME OF ARRIVAL

.—An owner, agent, mas-

ter, commanding officer, person in charge, purser, or consignee

of a vessel or aircraft bringing an alien (except an alien crew-

member) 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) A

LIEN STOWAWAYS

.—An owner, agent, master, com-

manding 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 air-

craft, or at such place as the Attorney General shall des-

ignate, until completion of the inspection of the alien by an

immigration officer;

‘‘(B) may not permit the stowaway to land in the Unit-

ed 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 repa-

triation of the stowaway and removal of the stowaway will not

be unreasonably delayed.

‘‘(3) R

EMOVAL UPON ORDER

.—An owner, agent, master, com-

manding officer, person in charge, purser, or consignee of a ves-

sel, 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) P

AYMENT OF

XPENSES OF

EMOVAL

.—

‘‘(1) C

OSTS 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 ves-

sel 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) C

OSTS 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) C

OSTS OF REMOVAL FROM PORT OF REMOVAL FOR

ALIENS ADMITTED OR PERMITTED TO LAND

.—

‘‘(A) T

HROUGH APPROPRIATION

.—Except as provided in

subparagraph (B), in the case of an alien who has been ad-

mitted 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 enforce-

ment of this Act.

‘‘(B) T

HROUGH OWNER

.—

‘‘(i) I

N 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) A

LIENS 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 re-

moved within 5 years of the date of landing.

‘‘(C) C

OSTS 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 ex-

pense 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 en-

forcement of this Act.

‘‘(f) A

LIENS

EQUIRING

ERSONAL

ARE

URING

EMOVAL

.—

‘‘(1) I

N 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 des-

tination.

‘‘(2) C

OSTS

.—The costs of providing the service described in

paragraph (1) shall be defrayed in the same manner as the ex-

pense of removing the accompanied alien is defrayed under this

section.

‘‘(g) P

LACES OF

ETENTION

.—

‘‘(1) I

N GENERAL

.—The Attorney General shall arrange for

appropriate places of detention for aliens detained pending re-

moval or a decision on removal. When United States Govern-

ment 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) D

ETENTION FACILITIES OF THE IMMIGRATION AND NATU

RALIZATION 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 com-

parable facility suitable for such use.

‘‘(h) S

TATUTORY

ONSTRUCTION

.—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) R

EENTRY OF

LIEN

EMOVED

RIOR TO

OMPLETION OF

ERM OF

MPRISONMENT

.—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 para-

graph:

‘‘(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 ex-

pressly consented to such alien’s reentry) shall be fined under

title 18, United States Code, imprisoned for not more than 10

years, or both.

ISCELLANEOUS

ONFORMING

MENDMENT

.—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 insert-

ing ‘‘237(a)(5)(B)’’.

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

(a) I

ENERAL

.—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 fol-

lows:

‘‘

JUDICIAL REVIEW OF ORDERS OF REMOVAL

‘‘S

. 242. (a) A

PPLICABLE

ROVISIONS

.—

‘‘(1) G

ENERAL 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 pro-

vided in subsection (b) and except that the court may not order

the taking of additional evidence under section 2347(c) of such

title.

‘‘(2) M

ATTERS NOT SUBJECT TO JUDICIAL REVIEW

.—

‘‘(A) R

EVIEW RELATING TO SECTION 235(

)(1)

.—Notwith-

standing any other provision of law, no court shall have ju-

risdiction to review—

‘‘(i) except as provided in subsection (e), any indi-

vidual 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), proce-

dures and policies adopted by the Attorney General to

implement the provisions of section 235(b)(1).

‘‘(B) D

ENIALS OF DISCRETIONARY RELIEF

.—Notwith-

standing any other provision of law, no court shall have ju-

risdiction 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) O

RDERS AGAINST CRIMINAL ALIENS

.—Notwith-

standing any other provision of law, no court shall have ju-

risdiction 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) T

REATMENT 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) R

EQUIREMENTS FOR

EVIEW OF

RDERS OF

EMOVAL

.—

With respect to review of an order of removal under subsection

(a)(1), the following requirements apply:

‘‘(1) D

EADLINE

.—The petition for review must be filed not

later than 30 days after the date of the final order of removal.

‘‘(2) V

ENUE 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 type-

written briefs.

‘‘(3) S

ERVICE

.—

‘‘(A) I

N GENERAL

.—The respondent is the Attorney Gen-

eral. 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) S

TAY OF ORDER

.—Service of the petition on the of-

ficer or employee does not stay the removal of an alien

pending the court’s decision on the petition, unless the court

orders otherwise.

‘‘(C) A

LIEN

’

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 administra-

tive record is available, and may serve and file a reply brief

not later than 14 days after service of the brief of the Attor-

ney 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 injus-

tice would result.

‘‘(4) S

COPE AND STANDARD FOR REVIEW

.—Except as pro-

vided 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 admis-

sion 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 conclu-

sive unless manifestly contrary to the law and an abuse of

discretion.

‘‘(5) T

REATMENT OF NATIONALITY CLAIMS

.—

‘‘(A) C

OURT 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 affi-

davits that no genuine issue of material fact about the peti-

tioner’s nationality is presented, the court shall decide the

nationality claim.

‘‘(B) T

RANSFER 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 re-

sides for a new hearing on the nationality claim and a de-

cision on that claim as if an action had been brought in the

district court under section 2201 of title 28, United States

Code.

‘‘(C) L

IMITATION ON DETERMINATION

.—The petitioner

may have such nationality claim decided only as provided

in this paragraph.

‘‘(6) C

ONSOLIDATION 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) C

HALLENGE TO VALIDITY OF ORDERS IN CERTAIN CRIMI

NAL PROCEEDINGS

.—

‘‘(A) I

N GENERAL

.—If the validity of an order of re-

moval 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 pro-

ceeding only by filing a separate motion before trial. The

district court, without a jury, shall decide the motion before

trial.

‘‘(B) C

LAIMS OF UNITED STATES NATIONALITY

.—If the

defendant claims in the motion to be a national of the Unit-

ed States and the district court finds that—

‘‘(i) no genuine issue of material fact about the de-

fendant’s nationality is presented, the court shall de-

cide the motion only on the administrative record on

which the removal order is based and the administra-

tive findings of fact are conclusive if supported by rea-

sonable, substantial, and probative evidence on the

record considered as a whole; or

‘‘(ii) a genuine issue of material fact about the de-

fendant’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) C

ONSEQUENCE 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) L

IMITATION 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) C

ONSTRUCTION

.—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 sec-

tion 241(a)(4) and section 243(g); and

‘‘(C) does not require the Attorney General to defer re-

moval of the alien.

‘‘(9) C

ONSOLIDATION OF QUESTIONS FOR JUDICIAL REVIEW

.—

Judicial review of all questions of law and fact, including inter-

pretation and application of constitutional and statutory provi-

sions, 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 sec-

tion.

‘‘(c) R

EQUIREMENTS FOR

ETITION

.—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) R

EVIEW OF

INAL

RDERS

.—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) J

UDICIAL

EVIEW OF

RDERS

NDER

ECTION

235(b)(1).—

‘‘(1) L

IMITATIONS 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 re-

lief 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 sub-

section.

‘‘(2) H

ABEAS CORPUS PROCEEDINGS

.—Judicial review of any

determination made under section 235(b)(1) is available in ha-

beas 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 preponder-

ance 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) C

HALLENGES ON VALIDITY OF THE SYSTEM

.—

‘‘(A) I

N 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 determina-

tions 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 Gen-

eral to implement such section, is not consistent with

applicable provisions of this title or is otherwise in vio-

lation of law.

‘‘(B) D

EADLINES FOR BRINGING ACTIONS

.—Any action

instituted under this paragraph must be filed no later than

60 days after the date the challenged section, regulation, di-

rective, guideline, or procedure described in clause (i) or (ii)

of subparagraph (A) is first implemented.

‘‘(C) N

OTICE 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) E

XPEDITIOUS 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) D

ECISION

.—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 evi-

dence that the alien is an alien lawfully admitted for per-

manent 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 sub-

section (a)(1).

‘‘(5) S

COPE 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 enti-

tled to any relief from removal.

‘‘(f) L

IMIT ON

NJUNCTIVE

ELIEF

.—

(1) I

N GENERAL

.—Regardless of the nature of the action or

claim or of the identity of the party or parties bringing the ac-

tion, no court (other than the Supreme Court) shall have juris-

diction or authority to enjoin or restrain the operation of the

provisions of chapter 4 of title II, as amended by the Illegal Im-

migration 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) P

ARTICULAR CASES

.—Notwithstanding any other provi-

sion of law, no court shall enjoin the removal of any alien pur-

suant 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) E

XCLUSIVE

URISDICTION

.—Except as provided in this sec-

tion 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) R

EPEAL OF

ECTION

106.—Section 106 (8 U.S.C. 1105a) is

repealed.

FFECTIVE

ATE

.—

(1) I

N GENERAL

.—Subject to paragraph (2), the amend-

ments 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, de-

portation, or removal proceedings under such Act.

(2) L

IMITATION

.—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 Nation-

ality Act, as amended by section 440 of Public Law 104–132.

(d) T

ECHNICAL

MENDMENT

.—Effective as if included in the en-

actment 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 cov-

ered 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) I

ENERAL

.—Section 243 (8 U.S.C. 1253) is amended to

read as follows:

‘‘

PENALTIES RELATED TO REMOVAL

‘‘S

. 243. (a) P

ENALTY FOR

AILURE TO

EPART

.—

‘‘(1) I

N 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 judi-

cial review is had, then from the date of the final order of

the court,

‘‘(B) willfully fails or refuses to make timely applica-

tion 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 pre-

venting or hampering the alien’s departure pursuant to

such, or

‘‘(D) willfully fails or refuses to present himself or her-

self for removal at the time and place required by the Attor-

ney 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) E

XCEPTION

.—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) S

USPENSION

.—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 fac-

tors 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 docu-

ments, 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) W

ILLFUL

AILURE

OMPLY

ITH

ERMS OF

ELEASE

NDER

UPERVISION

.—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 in-

quiry under such section shall be fined not more than $1,000 or im-

prisoned for not more than one year, or both.

‘‘(c) P

ENALTIES

ELATING TO

ESSELS AND

IRCRAFT

.—

‘‘(1) C

IVIL PENALTIES

.—

‘‘(A) F

AILURE 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) F

AILURE TO REMOVE ALIEN STOWAWAYS

.—If the At-

torney General is satisfied that a person has failed to re-

move 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) N

O COMPROMISE

.—The Attorney General may not

compromise the amount of such penalty under this para-

graph.

‘‘(2) C

LEARING VESSELS AND AIRCRAFT

.—

‘‘(A) C

LEARANCE BEFORE DECISION ON LIABILITY

.—A

vessel or aircraft may be granted clearance before a deci-

sion on liability is made under paragraph (1) only if a

bond approved by the Attorney General or an amount suffi-

cient to pay the civil penalty is deposited with the Commis-

sioner.

‘‘(B) P

ROHIBITION ON CLEARANCE WHILE PENALTY UN

PAID

.—A vessel or aircraft may not be granted clearance if

a civil penalty imposed under paragraph (1) is not paid.

‘‘(d) D

ISCONTINUING

RANTING

ISAS TO

ATIONALS OF

OUN

TRY

ENYING OR

ELAYING

CCEPTING

LIEN

.—On being notified

by the Attorney General that the government of a foreign country de-

nies or unreasonably delays accepting an alien who is a citizen, sub-

ject, national, or resident of that country after the Attorney General

asks whether the government will accept the alien under this sec-

tion, the Secretary of State shall order consular officers in that for-

eign country to discontinue granting immigrant visas or non-

immigrant visas, or both, to citizens, subjects, nationals, and resi-

dents of that country until the Attorney General notifies the Sec-

retary that the country has accepted the alien.’’.

SEC. 308. REDESIGNATION AND REORGANIZATION OF OTHER PROVI-

SIONS; ADDITIONAL CONFORMING AMENDMENTS.

(a) C

ONFORMING

MENDMENT TO

ABLE OF

ONTENTS

; O

VER

VIEW OF

EORGANIZED

HAPTERS

.—The table of contents, as amend-

ed 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 resi-

dent 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 sta-

tions.

‘‘Sec. 234. Designation of ports of entry for aliens arriving by civil aircraft.

‘‘Sec. 235. Inspection by immigration officers; expedited removal of inadmissible ar-

riving 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) R

EORGANIZATION OF

THER

ROVISIONS

.—Chapters 4 and 5

of title II are amended as follows:

(1) A

MENDING CHAPTER HEADING

.—Amend the heading for

chapter 4 of title II to read as follows:

‘‘C

HAPTER

4—I

NSPECTION

, A

PPREHENSION

, E

XAMINATION

XCLUSION

AND

EMOVAL

’’.

(2) R

EDESIGNATING SECTION 232 AS SECTION 232(

)

.—Amend

section 232 (8 U.S.C. 1222)—

(A) by inserting ‘‘(a) D

ETENTION OF

LIENS

.—’’ after ‘‘S

232.’’, and

(B) by amending the section heading to read as follows:

‘‘

DETENTION OF ALIENS FOR PHYSICAL AND MENTAL EXAMINATION

’’.

(3) R

EDESIGNATING SECTION 234 AS SECTION 232(

)

.—Amend

section 234 (8 U.S.C. 1224)—

(A) by striking the heading,

(B) by striking ‘‘S

. 234.’’ and inserting the following:

‘‘(b) P

HYSICAL AND

ENTAL

XAMINATION

.—’’, and

(4) R

EDESIGNATING SECTION 238 AS SECTION 233

.—Redesig-

nate section 238 (8 U.S.C. 1228) as section 233 and move the

section to immediately follow section 232.

(5) R

EDESIGNATING SECTION 242A AS SECTION 238

.—Redesig-

nate section 242A as section 238, strike ‘‘

DEPORTATION

’’ in its

heading and insert ‘‘

REMOVAL

’’, and move the section to imme-

diately follow section 237 (as redesignated by section 305(a)(2)).

(6) S

TRIKING SECTION 242B

.—Strike section 242B (8 U.S.C.

1252b).

(7) S

TRIKING 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) A

MENDING CHAPTER HEADING

.—Amend the heading for

chapter 5 of title II to read as follows:

‘‘C

HAPTER

5—A

DJUSTMENT AND

HANGE OF

TATUS

’’.

DDITIONAL

ONFORMING

MENDMENTS

.—

(1) E

XPEDITED PROCEDURES FOR AGGRAVATED FELONS

(FORMER SECTION 242A)

.—Section 238 (which, previous to redes-

ignation under section 308(b)(5), was section 242A) is amend-

ed—

(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

241(a)(2)(A)(iii)’’ and inserting ‘‘section 237(a)(2)(A)(iii)’’.

(2) T

REATMENT OF CERTAIN HELPLESS ALIENS

.—

(A) C

ERTIFICATION 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 sub-

section:

‘‘(c) C

ERTIFICATION OF

ERTAIN

ELPLESS

LIENS

.—If an ex-

amining 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) G

ROUND 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) G

UARDIAN REQUIRED TO ACCOMPANY HELPLESS

ALIEN

.—Any alien—

‘‘(i) who is accompanying another alien who is in-

admissible and who is certified to be helpless from

sickness, mental or physical disability, or infancy pur-

suant to section 232(c), and

‘‘(ii) whose protection or guardianship is deter-

mined to be required by the alien described in clause

(i),

is inadmissible.’’.

(3) C

ONTINGENT 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 of-

ficer, person in charge, purser, or consignee of a vessel or aircraft

who is bringing an alien (except an alien crewmember) to the Unit-

ed 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) C

LARIFICATION

.—(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 proce-

dural 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 Tech-

nical Corrections Act of 1994 (Public Law 103–416), as amend-

ed by section 851(b)(15), is amended by striking ‘‘and nothing

in’’ and all that follows up to ‘‘shall’’.

(d) A

DDITIONAL

ONFORMING

MENDMENTS

ELATING TO

CLUSION AND

NADMISSIBILITY

.—

(1) S

ECTION 212

.—Section 212 (8 U.S.C. 1182(a)) is amend-

ed—

(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 fol-

lowing: ‘‘C

LASSES OF

LIENS

NELIGIBLE FOR

ISAS OR

MISSION

.—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:’’;

serting ‘‘is inadmissible’’ each place it appears;

(D) in subsections (a)(5)(C) (before redesignation by sec-

tion 343(c)(1), (d)(1), (k), by striking ‘‘exclusion’’ and insert-

ing ‘‘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) S

ECTION 241

.—Section 241 (8 U.S.C. 1251), before redes-

ignation 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 ‘‘exclud-

ability’’ and inserting ‘‘inadmissibility’’;

ing ‘‘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) O

THER GENERAL REFERENCES

.—The following provi-

sions 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.

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) R

ELATED TERMS

.—

(A) Section 101(a)(17) (8 U.S.C. 1101(a)(17)) is amend-

ed 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’’.

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 de-

ported’’ 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 admis-

sion at the time of arrival’’ each place it appears.

(G) Section 221(f) (8 U.S.C. 1201) is amended by strik-

ing ‘‘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 in-

serting ‘‘

DENIAL OF ADMISSION

’’,

(II) in subsection (a), by striking ‘‘excluding condi-

tion’’ 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 ‘‘de-

nied 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 re-

moved’’.

(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 there-

from’’ each place it appears and inserting ‘‘admitted or de-

nied 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 insert-

ing ‘‘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 ex-

cludable’’ and inserting ‘‘removal because such alien is in-

admissible’’.

(R) Section 301(a)(1) of the Immigration Act of 1990 is

amended by striking ‘‘exclusion’’ and inserting ‘‘inadmis-

sibility’’.

(S) Section 401(c) of the Refugee Act of 1980 is amend-

ed by striking ‘‘deportation or exclusion’’ and inserting ‘‘re-

moval’’.

(T) Section 501(e)(2) of the Refugee Education Assist-

ance 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 in-

serting ‘‘removal’’.

(5) R

EPEAL 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) R

EVISION OF

ERMINOLOGY

ELATING TO

EPORTATION

.—

(1) Each of the following is amended by striking ‘‘deporta-

tion’’ 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)).

(D) Section 214(k)(4)(C) (8 U.S.C. 1184(k)(4)(C)), as re-

designated 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 sub-

section (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 sec-

tion 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)).

tion 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 insert-

ing ‘‘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 in-

serting ‘‘

REMOVAL

’’, ‘‘removal’’, ‘‘remove’’, and ‘‘removed’’, respec-

tively.

(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 ‘‘D

EPORTATION

’’ and ‘‘

DEPOR

TATION

’’ and inserting ‘‘R

EMOVAL

’’ 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 in-

serting ‘‘remove’’, and

(B) in subsection (e), by striking ‘‘S

USPENSION OF

PORTATION

’’ and inserting ‘‘C

ANCELLATION OF

EMOVAL

’’.

(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 ‘‘D

EPORTATION

’’ and inserting ‘‘R

EMOVAL

’’.

(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) R

EVISION OF

EFERENCES TO

NTRY

.—

(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)).

(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)).

(3) The following provisions are amended by striking ‘‘en-

ters’’ 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 re-

designation 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) C

ONFORMING

EFERENCES TO

EORGANIZED

ECTIONS

.—

(1) R

EFERENCES 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 National-

ity 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 amend-

ment made by a subsequent subtitle of this title is deemed a ref-

erence (as of the title III–A effective date) to section 237 (or the

corresponding subdivision of such section), as redesignated by

this subtitle.

(2) R

EFERENCES 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 sub-

section (b)(5), are each amended by striking ‘‘106’’ and in-

serting ‘‘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’’.

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) R

EFERENCES 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 insert-

ing ‘‘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) R

EFERENCES 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)’’.

striking ‘‘237, 239, 243’’ and inserting ‘‘234, 243(c)(2)’’.

(5) R

EFERENCES 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 in-

serting ‘‘section 240B of the Immigration and National-

ity 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)’’.

designation 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 be-

fore 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 amend-

ed by striking ‘‘242(i)’’ and inserting ‘‘239(d)’’.

(G) Section 20301(c) of Public Law 103–322 is amend-

ed by striking ‘‘242(j)(5)’’ and ‘‘242(j)’’ and inserting

‘‘241(h)(5)’’ and ‘‘241(h)’’, respectively.

(6) R

EFERENCES 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) R

EFERENCES 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 Ap-

propriations 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 amend-

ed 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) R

EFERENCES 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 re-

designation 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 Tech-

nical 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’’.

nical 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) R

EFERENCES 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 in-

serting ‘‘chapter 4 of title II of the Immigration and Nation-

ality Act’’.

(10) M

ISCELLANEOUS 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 ‘‘para-

graphs (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)’’.

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 sec-

tion 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 ‘‘inadmis-

sible’’ and ‘‘

INADMISSIBLE

’’, respectively, each place each ap-

pears.

(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) I

ENERAL

.—Except as provided in this section and sec-

tions 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) P

ROMULGATION OF

EGULATIONS

.—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.

RANSITION FOR

LIENS IN

ROCEEDINGS

.—

(1) G

ENERAL RULE THAT NEW RULES DO NOT APPLY

.—Sub-

ject 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) A

TTORNEY 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) A

TTORNEY GENERAL OPTION TO TERMINATE AND REINITI

ATE 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 re-

initiate proceedings under chapter 4 of title II the Immigration

and Nationality Act (as amended by this subtitle). Any deter-

mination in the terminated proceeding shall not be binding in

the reinitiated proceeding.

(4) T

RANSITIONAL CHANGES IN JUDICIAL REVIEW

.—In the

case described in paragraph (1) in which a final order of exclu-

sion 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 ex-

clusion, subsection (b) of such section shall not apply and

the action for judicial review shall be governed by the pro-

visions of subsections (a) and (c) of such in the same man-

ner as they apply to judicial review of orders of deportation;

(B) a court may not order the taking of additional evi-

dence under section 2347(c) of title 28, United States Code;

later than 30 days after the date of the final order of exclu-

sion or deportation;

(D) the petition for review shall be filed with the court

of appeals for the judicial circuit in which the administra-

tive proceedings before the special inquiry officer or immi-

gration judge were completed;

(E) there shall be no appeal of any discretionary deci-

sion 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 enact-

ment 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) T

RANSITIONAL RULE WITH REGARD TO SUSPENSION OF

DEPORTATION

.—Paragraphs (1) and (2) of section 240A(d) of the

Immigration and Nationality Act (relating to continuous resi-

dence or physical presence) shall apply to notices to appear is-

sued before, on, or after the date of the enactment of this Act.

(6) T

RANSITION 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 (re-

lating to family unity).

(7) L

IMITATION ON SUSPENSION OF DEPORTATION

.—The At-

torney 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 sus-

pension and adjustment.

(d) T

RANSITIONAL

EFERENCES

.—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 de-

portation or an order of deportation.

(e) T

RANSITION

.—No period of time before the date of the enact-

ment 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) I

ENERAL

.—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 insert-

ing ‘‘$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 imprison-

ment’’;

(5) in subparagraph (K)(ii), by inserting ‘‘if committed’’ be-

fore ‘‘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

‘‘(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 in-

serting ‘‘12 months, except in the case of a first offense for

which the alien has affirmatively shown that the alien commit-

ted the offense for the purpose of assisting, abetting, or aiding

only the alien’s spouse, child, or parent (and no other individ-

ual) 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 insert-

ing ‘‘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 insert-

ing ‘‘for which the term of imprisonment is at least one year’’.

(b) E

FFECTIVE

ATE OF

EFINITION

.—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 (includ-

ing any effective date), the term applies regardless of whether the

conviction was entered before, on, or after the date of enactment of

this paragraph.’’.

FFECTIVE

ATE

.—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) D

EFINITION

.—

(1) I

N 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 ad-

judication 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, pen-

alty, 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 suspen-

sion of the imposition or execution of that imprisonment or sentence

in whole or in part.’’.

(2) C

ONFORMING AMENDMENTS

.—

(A) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amend-

ed 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) R

EFERENCE TO

ROOF

ROVISIONS

.—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 sec-

tion 304(a)(3).

FFECTIVE

ATE

.—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 in-

serted by section 304(a)(3), shall apply to proving such convictions.

SEC. 323. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PRO-

BATION 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 pro-

bation or criminal parole within the United States, and (6)’’.

SEC. 324. PENALTY FOR REENTRY OF DEPORTED ALIENS.

(a) I

ENERAL

.—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) T

REATMENT OF

TIPULATIONS

.—The last sentence of section

276(b) (8 U.S.C. 1326(b)) is amended by inserting ‘‘(or not during)’’

after ‘‘during’’.

FFECTIVE

ATE

.—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 ap-

pears the following: ‘‘, knowing or in reckless disregard of

the fact that the individual is an alien’’; and

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 amend-

ed by section 432 of Public Law 104–132, is amended to read as fol-

lows:

‘‘(a) O

PERATION AND

URPOSE

.—The Commissioner of Immigra-

tion 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 identifica-

tion system shall be used to assist Federal, State, and local law en-

forcement agencies in identifying and locating aliens who may be

subject to removal by reason of their conviction of aggravated felo-

nies, subject to prosecution under section 275 of such Act, not law-

fully present in the United States, or otherwise removable. Such sys-

tem shall include providing for recording of fingerprint records of

aliens who have been previously arrested and removed into appro-

priate automated fingerprint identification systems.’’.

SEC. 327. APPROPRIATIONS FOR CRIMINAL ALIEN TRACKING CENTER.

Section 130002(b) of the Violent Crime Control and Law En-

forcement 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 ASSIST-

ANCE PROGRAM.

(a) M

ODIFICATION OF

UTHORITY

.—

(1) I

N GENERAL

.—Section 241(i), as redesignated by section

306(a)(1), is amended—

(A) in paragraph (3)(A), by striking ‘‘felony and sen-

tenced 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 other-

wise made available under this section with respect to a State

(or political subdivision, including a municipality) for incarcer-

ation of an undocumented criminal alien may, at the discretion

of the recipient of the funds, be used for the costs of imprison-

ment of such alien in a State, local, or municipal prison or

jail.’’.

(2) E

FFECTIVE DATE

.—The amendment made by paragraph

(1) shall apply beginning with fiscal year 1997.

(b) S

ENSE OF THE

ONGRESS

ITH

ESPECT TO

ROGRAM

.—

(1) F

INDINGS

.—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 Govern-

ment from January 26, 1996 to March 15, 1996, included

$66,000,000 to reimburse States for the cost of incarcerat-

ing 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) S

ENSE OF THE CONGRESS

.—It is the sense of the Con-

gress 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 immi-

grants, aiming for all State Criminal Alien Assistance Pro-

gram funds to be disbursed during the fiscal year for which

they are appropriated.

SEC. 329. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLE-

GAL ALIENS IN INCARCERATION FACILITY OF ANAHEIM,

CALIFORNIA.

(a) A

UTHORITY

.—The Attorney General shall conduct a project

demonstrating the feasibility of identifying, from among the individ-

uals 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) D

ESCRIPTION OF

ROJECT

.—The project authorized by sub-

section (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.

ERMINATION

.—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) N

EGOTIATIONS

ITH

THER

OUNTRIES

.—(1) Congress ad-

vises the President to begin to negotiate and renegotiate, not later

than 90 days after the date of enactment of this Act, bilateral pris-

oner 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 sub-

ject 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 proce-

dures of that country.

(2) In entering into negotiations under paragraph (1), the Presi-

dent 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) S

ENSE OF

ONGRESS

.—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 bal-

ance of the sentence imposed by the United States courts,

such a transfer, and

(D) to allow the Federal Government or the States to

keep their original prison sentences in force so that trans-

ferred 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 sen-

tences;

(2) the Secretary of State should give priority to concluding

an agreement with any country for which the President deter-

mines 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 in-

carceration facility should permit the alien to refuse the trans-

fer.

RISONER

ONSENT

.—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) A

NNUAL

EPORT

.—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) T

RAINING

OREIGN

NFORCEMENT

ERSONNEL

.—(1)

Subject to paragraph (2), the President shall direct the Border Pa-

trol Academy and the Customs Service Academy to enroll for train-

ing 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.

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 Pa-

trol and Customs Service, and only of personnel from a country

with which the prisoner transfer treaty has been stated to be effec-

tive in the most recent report referred to in subsection (d).

(f) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated such sums as may be necessary to carry out this

section.

SEC. 331. PRISONER TRANSFER TREATIES STUDY.

(a) R

EPORT TO

ONGRESS

.—Not later than 180 days after the

date of the enactment of this Act, the Secretary of State and the At-

torney General shall submit to the Committees on the Judiciary of

the House of Representatives and of the Senate a report that de-

scribes 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) U

SE OF

REATY

.—The report under subsection (a) shall in-

clude—

(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.

ECOMMENDATIONS

.—The report under subsection (a) shall

include the recommendations of the Secretary of State and the At-

torney General to increase the effectiveness and use of, and full com-

pliance 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 disproportion-

ately impacted by aliens convicted of criminal offenses as the Sec-

retary and the Attorney General consider appropriate. Such rec-

ommendations shall address—

(1) changes in Federal laws, regulations, and policies af-

fecting 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 poli-

cies 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 of-

fenses in the United States and transferred pursuant to the

treaties;

(5) any recommendations by appropriate officials of the ap-

propriate government agencies of such countries regarding pro-

grams to achieve the goals of, and ensure full compliance with,

the treaties;

(6) whether the recommendations under this subsection re-

quire the renegotiation of the treaties; and

(7) the additional funds required to implement each rec-

ommendation 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 con-

victed 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 re-

entry 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 SUB-

STANCES IMPORT AND EXPORT ACT.

(a) R

EVIEW OF

UIDELINES

.—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 of-

fense under section 1010 of the Controlled Substance Import and

Export Act (21 U.S.C. 960).

(b) R

EVISION OF

UIDELINES

.—Following such review, pursuant

to section 994(p) of title 28, United States Code, the Commission

shall promulgate sentencing guidelines or amend existing sentenc-

ing 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) F

AILING TO

EPART

.—The United States Sentencing Com-

mission 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 Enforce-

ment Act of 1994.

(b) P

ASSPORT AND

ISA

FFENSES

.—The United States Sentenc-

ing Commission shall promptly promulgate, pursuant to section 994

of title 28, United States Code, amendments to the sentencing guide-

lines to make appropriate increases in the base offense level for of-

fenses 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) I

ENERAL

.—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) W

AIVER

.—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-pre-

ventable 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 require-

ment 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 ac-

cordance with such terms, conditions, and controls, if any, in-

cluding the giving of bond, as the Attorney General, in the dis-

cretion of the Attorney General after consultation with the Sec-

retary of Health and Human Services, may by regulation pre-

scribe.’’.

FFECTIVE

ATE

.—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) I

ENERAL

.—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 follow-

ing 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’’ be-

fore ‘‘identification’’;

(b) E

FFECTIVE

ATE

.—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) U

NCERTIFIED FOREIGN HEALTH

CARE WORKERS

.—

Any alien who seeks to enter the United States for the pur-

pose 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 sta-

tus, the Attorney General, a certificate from the Commis-

sion on Graduates of Foreign Nursing Schools, or a certifi-

cate from an equivalent independent credentialing organi-

zation 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 ex-

perience—

‘‘(I) meet all applicable statutory and regu-

latory requirements for entry into the United

States under the classification specified in the ap-

plication;

‘‘(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 li-

cense, 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 en-

gaged, 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 pre-

dicting the success on the profession’s licensing or cer-

tification examination, the alien has passed such a test

or has passed such an examination.

For purposes of clause (ii), determination of the standard-

ized tests required and of the minimum scores that are ap-

propriate 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) E

XCLUSION OF

LIENS

AVE

ALSELY

LAIMED

NITED

TATES

ITIZENSHIP

.—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) F

ALSELY CLAIMING CITIZENSHIP

.—Any alien

who falsely represents, or has falsely represented, him-

self 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) D

EPORTATION OF

LIENS

AVE

ALSELY

LAIMED

NITED

TATES

ITIZENSHIP

.—Section 241(a)(3) (8 U.S.C.

1251(a)(3)) is amended by adding at the end the following new sub-

paragraph:

‘‘(D) F

ALSELY 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.’’.

FFECTIVE

ATE

.—The amendments made by this section

shall apply to representations made on or after the date of the enact-

ment of this Act.

SEC. 345. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR

CERTAIN SECTION 274C VIOLATORS.

(a) E

XCLUSION

ROUNDS

.—Section 212 (8 U.S.C. 1182) is

amended—

(1) by amending subparagraph (F) of subsection (a)(6) to

read as follows:

‘‘(F) S

UBJECT OF CIVIL PENALTY

.—

‘‘(i) I

N GENERAL

.—An alien who is the subject of a

final order for violation of section 274C is inadmis-

sible.

‘‘(ii) W

AIVER AUTHORIZED

.—For provision authoriz-

ing 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 Attor-

ney 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 perma-

nent 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 resi-

dent under section 211(b), and

‘‘(B) in the case of an alien seeking admission or adjust-

ment 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 individ-

ual). No court shall have jurisdiction to review a decision of the At-

torney General to grant or deny a waiver under this paragraph.’’.

(b) G

ROUND OF

EPORTATION

.—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) D

OCUMENT FRAUD

.—

‘‘(i) I

N GENERAL

.—An alien who is the subject of a

final order for violation of section 274C is deportable.

‘‘(ii) W

AIVER 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 as-

sist, 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) I

ENERAL

.—Section 212(a)(6) (8 U.S.C. 1182(a)(6)) is

amended by adding at the end the following new subparagraph:

‘‘(G) S

TUDENT 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) E

FFECTIVE

ATE

.—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 en-

actment of this Act, including aliens whose status as such a non-

immigrant is extended after the end of such period.

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

(a) E

XCLUSION OF

LIENS

AVE

NLAWFULLY

OTED

.—

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 subpara-

graph:

‘‘(D) U

NLAWFUL VOTERS

.—Any alien who has voted in

violation of any Federal, State, or local constitutional pro-

vision, statute, ordinance, or regulation is excludable.’’.

(b) D

EPORTATION OF

LIENS

AVE

NLAWFULLY

OTED

.—

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 para-

graph:

‘‘(6) U

NLAWFUL VOTERS

.—Any alien who has voted in viola-

tion of any Federal, State, or local constitutional provision,

statute, ordinance, or regulation is deportable.’’.

FFECTIVE

ATE

.—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) I

ENERAL

.—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) E

FFECTIVE

ATE

.—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 INADMIS-

SIBILITY 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 Attor-

ney 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 cit-

izen or lawfully resident spouse or parent of such an alien.

‘‘(2) No court shall have jurisdiction to review a decision or ac-

tion of the Attorney General regarding a waiver under paragraph

(1).’’.

SEC. 350. OFFENSES OF DOMESTIC VIOLENCE AND STALKING AS

GROUND FOR DEPORTATION.

(a) I

ENERAL

.—Section 241(a)(2) (8 U.S.C. 1251(a)(2)) is

amended by adding at the end the following:

‘‘(E) C

RIMES OF DOMESTIC VIOLENCE

STALKING

OR VIO

LATION OF PROTECTION ORDER

CRIMES AGAINST CHILDREN

AND

.—

‘‘(i) D

OMESTIC VIOLENCE

STALKING

AND CHILD

ABUSE

.—Any alien who at any time after entry is con-

victed of a crime of domestic violence, a crime of stalk-

ing, 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 individ-

ual 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 individ-

ual 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 individ-

ual’s acts under the domestic or family violence laws of

the United States or any State, Indian tribal govern-

ment, or unit of local government.

‘‘(ii) V

IOLATORS 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 vi-

olence, repeated harassment, or bodily injury to the person

or persons for whom the protection order was issued is de-

portable. For purposes of this clause, the term ‘protection

order’ means any injunction issued for the purpose of pre-

venting violent or threatening acts of domestic violence, in-

cluding temporary or final orders issued by civil or crimi-

nal courts (other than support or child custody orders or

provisions) whether obtained by filing an independent ac-

tion or as a pendente lite order in another proceeding.’’.

(b) E

FFECTIVE

ATE

.—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 RE-

QUIRED FOR WAIVER FROM EXCLUSION OR DEPORTATION

FOR SMUGGLING.

(a) E

XCLUSION

.—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) D

EPORTATION

.—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’’.

FFECTIVE

ATE

.—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 ap-

plication 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 CITI-

ZENSHIP TO AVOID UNITED STATES TAXATION.

(a) I

ENERAL

.—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) F

ORMER 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) E

FFECTIVE

ATE

.—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) D

EPORTATION FOR

IGH

PEED

LIGHT

.—For provision

making high speed flight from an immigration checkpoint subject to

deportation, see section 108(c).

(b) I

NADMISSIBILITY OF

LIENS

REVIOUSLY

EMOVED AND

LAWFULLY

RESENT

.—For provision making aliens previously re-

moved and unlawfully present in the United States inadmissible,

see section 301(b).

NADMISSIBILITY OF

LLEGAL

NTRANTS

.—For provision re-

vising the ground of inadmissibility for illegal entrants and immi-

gration violators, see section 301(c).

(d) D

EPORTATION FOR

ISA

IOLATORS

.—For provision revising

the ground of deportation for illegal entrants, see section 301(d).

(e) L

ABOR

ERTIFICATIONS FOR

ROFESSIONAL

THLETES

.—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) L

IMITATION ON

ROVISION OF

UMMARIES

; U

SE OF

PECIAL

TTORNEYS IN

HALLENGES TO

LASSIFIED

NFORMATION

.—

(1) N

O 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) F

INDINGS

.—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 irrep-

arable 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) S

PECIAL CHALLENGE PROCEDURES

.—Section 504(e)(3) (8

U.S.C. 1534(e)(3)) is amended by adding at the end the follow-

ing new subparagraphs:

‘‘(E) C

ONTINUATION OF HEARING WITHOUT SUMMARY

.—

If a judge makes the findings described in subparagraph

(D)(iii)—

‘‘(i) if the alien involved is an alien lawfully admit-

ted 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) S

PECIAL PROCEDURES FOR ACCESS AND CHAL

LENGES TO CLASSIFIED INFORMATION BY SPECIAL ATTOR

NEYS IN CASE OF LAWFUL PERMANENT ALIENS

.—

‘‘(i) I

N GENERAL

.—The procedures described in this

subparagraph are that the judge (under rules of the re-

moval court) shall designate a special attorney to assist

the alien—

‘‘(I) by reviewing in camera the classified in-

formation on behalf of the alien, and

‘‘(II) by challenging through an in camera pro-

ceeding the veracity of the evidence contained in

the classified information.

‘‘(ii) R

ESTRICTIONS ON DISCLOSURE

.—A special at-

torney 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 viola-

tion 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) A

PPEALS

.—Section 505(c) (8 U.S.C. 1535(c)) is amend-

ed—

(A) in paragraph (1), by striking ‘‘The decision’’ and in-

serting ‘‘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 re-

view under paragraph (2) in which an alien lawfully ad-

mitted for permanent residence was denied a written sum-

mary of classified information under section 504(c)(3), the

Court of Appeals shall review questions of fact de novo’’;

graphs (3) and (4), respectively; and

(D) by inserting after paragraph (1) the following new

paragraph:

‘‘(2) A

UTOMATIC APPEALS IN CASES OF PERMANENT RESI

DENT ALIENS IN WHICH NO SUMMARY PROVIDED

.—

‘‘(A) I

N 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 de-

nied 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) U

SE 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 at-

torney designated under section 504(e)(3)(F)(i) on behalf of

the alien.’’.

(4) E

STABLISHMENT OF PANEL OF SPECIAL ATTORNEYS

.—

Section 502 (8 U.S.C. 1532) is amended by adding at the end

the following new subsection:

‘‘(e) E

STABLISHMENT OF

ANEL OF

PECIAL

TTORNEYS

.—The

removal court shall provide for the designation of a panel of attor-

neys each of whom—

‘‘(1) has a security clearance which affords the attorney ac-

cess to classified information, and

‘‘(2) has agreed to represent permanent resident aliens with

respect to classified information under section 504(e)(3) in ac-

cordance with (and subject to the penalties under) this title.’’.

(5) D

EFINITION 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

‘‘(7) the term ‘special attorney’ means an attorney who is on

the panel established under section 502(e).’’.

(b) O

THER

ROVISIONS

ELATING TO

LASSIFIED

NFORMA

TION

.—

(1) I

NTRODUCTION 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 Gov-

ernment is authorized to use in a removal proceedings

the fruits of electronic surveillance and unconsented

physical searches authorized under the Foreign Intel-

ligence 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 Surveil-

lance Act of 1978 (50 U.S.C. 1801 et seq.)’’ and insert-

ing ‘‘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 pro-

vided pursuant to this paragraph. Notwithstanding the

previous sentence, the Department of Justice may, in its

discretion and, in the case of classified information, after

100

coordination with the originating agency, elect to introduce

such evidence in open session.’’.

(2) M

AINTENANCE OF CONFIDENTIALITY OF CLASSIFIED IN

FORMATION 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) M

AINTENANCE OF CONFIDENTIALITY OF CLASSIFIED IN

FORMATION 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 informa-

tion 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 ORGANI-

ZATIONS.

Section 212(a)(3)(B)(i)(IV) (8 U.S.C. 1182(a)(3)(B)(i)(VI)), as in-

serted by section 411(1)(C) of Public Law 104–132, is amended by

inserting ‘‘which the alien knows or should have known is a terror-

ist organization’’ after ‘‘219,’’.

SEC. 356. STANDARD FOR JUDICIAL REVIEW OF TERRORIST ORGANI-

ZATION 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 sub-

mitted 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 DEPAR-

TURE.

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 para-

graph:

‘‘(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) S

TOWAWAY

EFINED

.—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:

101

‘‘(49) The term ‘stowaway’ means any alien who obtains trans-

portation without the consent of the owner, charterer, master or per-

son 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) E

FFECTIVE

ATE

.—The amendment made by subsection (a)

shall take effect on the date of the enactment of this Act.

SEC. 362. TRANSPORTATION CONTRACTS.

(a) C

OVERAGE OF

ONCONTIGUOUS

ERRITORY

.—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 sub-

sections (a), (b), and (d).

(b) C

OVERAGE OF

AILROAD

RAIN

.—Subsection (d) of such sec-

tion is further amended by inserting ‘‘or railroad train’’ after ‘‘air-

craft’’.

Subtitle F—Additional Provisions

SEC. 371. IMMIGRATION JUDGES AND COMPENSATION.

(a) D

EFINITION OF

ERM

.—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 speci-

fied 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 Serv-

ice.’’.

(b) S

UBSTITUTION FOR

ERM

‘‘S

PECIAL

NQUIRY

FFICER

’’.—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 sec-

tion 308(b).

(4) Section 235 (8 U.S.C. 1225), before amendment by sec-

tion 302(a).

(5) Section 236 (8 U.S.C. 1226), before amendment by sec-

tion 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).

102

OMPENSATION FOR

MMIGRATION

UDGES

.—

(1) I

N GENERAL

.—There shall be four levels of pay for im-

migration judges, under the Immigration Judge Schedule (des-

ignated as IJ–1, 2, 3, and 4, respectively), and each such judge

shall be paid at one of those levels, in accordance with the pro-

visions of this subsection.

(2) R

ATES 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) A

PPOINTMENT

.—

(A) Upon appointment, an immigration judge shall be

paid at IJ–1, and shall be advanced to IJ–2 upon comple-

tion 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) T

RANSITION

.—Immigration judges serving as of the ef-

fective 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) E

FFECTIVE

ATES

.—

(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 Unit-

ed States, or near a land border, presents urgent circumstances re-

quiring an immediate Federal response, the Attorney General may

authorize any State or local law enforcement officer, with the con-

sent 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

103

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 administra-

tive detention in non-Federal institutions, is authorized—

‘‘(A) to make payments from funds appropriated for the ad-

ministration and enforcement of the laws relating to immigra-

tion, naturalization, and alien registration for necessary cloth-

ing, 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 sub-

division of a State; and

‘‘(B) to enter into a cooperative agreement with any State,

territory, or political subdivision thereof, for the necessary con-

struction, physical renovation, acquisition of equipment, sup-

plies 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 en-

forcement agencies for the purpose of assisting in the enforce-

ment of the immigration laws.’’.

SEC. 374. JUDICIAL DEPORTATION.

(a) I

ENERAL

.—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) S

TIPULATED JUDICIAL ORDER OF DEPORTATION

.—The

United States Attorney, with the concurrence of the Commis-

sioner, 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 judi-

cial order of deportation from the United States as a condition

of the plea agreement or as a condition of probation or super-

vised 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.’’.

104

(b) D

EPORTATION

ONDITION OF

ROBATION

.—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 en-

tered 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’’.

FFECTIVE

ATE

.—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 im-

migrant under section 203(b) and is not in a lawful non-

immigrant 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 non-

immigrant visa’’.

SEC. 376. TREATMENT OF CERTAIN FEES.

(a) I

NCREASE IN

.—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 insert-

ing ‘‘$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 ap-

plication under this section and is remitted to the Attorney General

pursuant to paragraphs (1) and (2) of this subsection shall be dis-

posed 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 Im-

migration Detention Account established under section 286(s).’’.

(b) I

MMIGRATION

ETENTION

CCOUNT

.—Section 286 (8 U.S.C.

1356) is amended by adding at the end the following new sub-

section:

‘‘(s) I

MMIGRATION

ETENTION

CCOUNT

.—(1) There is estab-

lished in the general fund of the Treasury a separate account which

shall be known as the ‘Immigration Detention Account’. Notwith-

standing any other section of this title, there shall be deposited as

105

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 Im-

migration Detention Account to any appropriation the amount paid

out of such appropriation for expenses incurred by the Attorney Gen-

eral for the detention of aliens under sections 236(c) and 241(a).

‘‘(B) The amounts which are required to be refunded under sub-

paragraph (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 ex-

tent prior estimates were in excess of, or less than, the amount re-

quired 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 re-

funded 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 en-

suing fiscal year.’’.

FFECTIVE

ATE

.—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) L

IMITATION ON

OURT

URISDICTION

.—Section 245A(f)(4) (8

U.S.C. 1255a(f)(4)) is amended by adding at the end the following

new subparagraph:

‘‘(C) J

URISDICTION 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 pe-

riod specified by subsection (a)(1), or attempted to file a

complete application and application fee with an author-

ized legalization officer of the Service but had the applica-

tion and fee refused by that officer.’’.

(b) E

FFECTIVE

ATE

.—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) I

ENERAL

.—Section 246(a) (8 U.S.C. 1256(a)) is amended

by adding at the end the following sentence: ‘‘Nothing in this sub-

section shall require the Attorney General to rescind the alien’s sta-

tus 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.’’.

106

(b) E

FFECTIVE

ATE

.—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) I

ENERAL

.—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 Gen-

eral modifies or vacates the decision and order’’ and inserting

‘‘unless either (A) within 30 days, an official delegated by regu-

lation 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 agen-

cy decision and order’’.

(b) E

FFECTIVE

ATE

.—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) I

ENERAL

.—The Immigration and Nationality Act is

amended by inserting after section 274C the following new section:

‘‘

CIVIL PENALTIES FOR FAILURE TO DEPART

‘‘S

. 274D. (a) I

ENERAL

.—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) C

ONSTRUCTION

.—Nothing in this section shall be construed

to diminish or qualify any penalties to which an alien may be sub-

ject for activities proscribed by section 243(a) or any other section

of this Act.’’.

(b) C

LERICAL

MENDMENT

.—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.’’.

FFECTIVE

ATE

.—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) I

ENERAL

.—Section 279 (8 U.S.C. 1329) is amended—

107

(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: ‘‘Noth-

ing in this section shall be construed as providing jurisdiction

for suits against the United States or its agencies or officers.’’.

(b) E

FFECTIVE

ATE

.—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 EN-

FORCEMENT.

(a) I

ENERAL

.—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 En-

forcement 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 Immi-

gration 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 Im-

migration 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, deten-

tion, 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 appre-

hensions of illegal aliens, of structures to deter illegal entry into

the United States.

‘‘(B) The amounts which are required to be refunded under sub-

paragraph (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 ex-

tent prior estimates were in excess of, or less than, the amount re-

quired 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 re-

funded 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

108

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, reve-

nues, withdrawals, and ending account balance and projection for

the ensuing fiscal year.’’.

(b) I

MMIGRATION

SER

CCOUNT

.—Section 286(h)(1)(B) (8

U.S.C. 1356(h)(1)(B)) is amended by striking ‘‘271’’ and inserting

‘‘243(c), 271,’’.

FFECTIVE

ATE

.—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 PRO-

GRAM.

(a) I

ENERAL

.—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 indi-

vidual, or

‘‘(B) a felony offense that by its nature involves a sub-

stantial risk that physical force against another individual

may be used in the course of committing the offense.’’.

(b) E

FFECTIVE

ATE

.—The amendments made by subsection (a)

shall apply to benefits granted or extended after the date of the en-

actment of this Act.

SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION.

(a) I

ENERAL

.—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 de-

portability 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 resid-

ing 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,

child or subjected the alien’s child to extreme cruelty (with-

out the active participation of the alien in the battery or ex-

treme cruelty), or

(D) a member of the spouse’s or parent’s family resid-

ing in the same household as the alien who has battered

109

the alien’s child or subjected the alien’s child to extreme

cruelty when the spouse or parent consented to or acqui-

esced in such battery or cruelty and the alien did not ac-

tively 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 agen-

cy thereof, for legitimate Department, bureau, or agency pur-

poses) 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) E

XCEPTIONS

.—

(1) The Attorney General may provide, in the Attorney Gen-

eral’s discretion, for the disclosure of information in the same

manner and circumstances as census information may be dis-

closed 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 en-

forcement officials to be used solely for a legitimate law enforce-

ment purpose.

(3) Subsection (a) shall not be construed as preventing dis-

closure 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 indi-

viduals in the case are adults and they have all waived the re-

strictions of such subsection.

ENALTIES FOR

IOLATIONS

.—Anyone who willfully uses,

publishes, or permits information to be disclosed in violation of this

section shall be subject to appropriate disciplinary action and sub-

ject to a civil money penalty of not more than $5,000 for each such

violation.

(d) C

ONFORMING

MENDMENTS TO

THER

ISCLOSURE

STRICTIONS

.—

(1) I

N 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, pub-

lishes, or permits information to be examined in violation of

this paragraph shall be subject to appropriate disciplinary ac-

tion and subject to a civil money penalty of not more than

$5,000 for each violation.’’.

(2) E

FFECTIVE DATE

.—The amendments made by this sub-

section shall apply to offenses occurring on or after the date of

the enactment of this Act.

110

SEC. 385. AUTHORIZATION OF ADDITIONAL FUNDS FOR REMOVAL OF

ALIENS.

In addition to the amounts otherwise authorized to be appro-

priated 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 hir-

ing of more detention and deportation officers.

SEC. 386. INCREASE IN INS DETENTION FACILITIES; REPORT ON DE-

TENTION SPACE.

(a) I

NCREASE IN

ETENTION

ACILITIES

.—Subject to the avail-

ability of appropriations, the Attorney General shall provide for an

increase in the detention facilities of the Immigration and Natu-

ralization Service to at least 9,000 beds before the end of fiscal year

1997.

(b) R

EPORT ON

ETENTION

PACE

.—

(1) I

N GENERAL

.—Not later than 6 months after the date of

the enactment of this Act, and every 6 months thereafter, the At-

torney General shall submit a report to the Committees on the

Judiciary of the House of Representatives and of the Senate es-

timating 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 Immigra-

tion and Nationality Act (as inserted by section 305(a)(3) of

this title);

(B) all excludable or deportable aliens subject to pro-

ceedings under section 238 of the Immigration and Nation-

ality Act (as redesignated by section 308(b)(5) of this title)

or section 235(b)(2)(A) or 240 of the Immigration and Na-

tionality Act; and

with the priorities established by the Attorney General.

(2) E

STIMATE OF NUMBER OF ALIENS RELEASED INTO THE

COMMUNITY

.—

(A) C

RIMINAL ALIENS

.—

(i) I

N 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);

(II) were not taken into custody or detention by

the Service upon completion of their incarceration.

(ii) A

LIENS CONVICTED OF AGGRAVATED FELO

NIES

.—The estimate under clause (i) shall estimate sep-

arately, with respect to each year described in such

111

clause, the number of criminal aliens described in such

clause who were convicted of an aggravated felony.

(B) A

LL EXCLUDABLE OR DEPORTABLE ALIENS

.—The

first report submitted under paragraph (1) shall also esti-

mate 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).

UBSEQUENT REPORTS

.—Each report under para-

graph (1) following the first such report shall include the

estimates under subparagraphs (A) and (B), made with re-

spect 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) E

STABLISHMENT

.—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 con-

sult with the redevelopment authority established for the military

base and give substantial deference to the redevelopment plan pre-

pared for the military base.

(b) R

EPORT

.—Not later than 30 months after the date of the en-

actment of this Act, the Attorney General, together with the Sec-

retary 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 Nat-

uralization Service.

EFINITION

.—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 en-

actment 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

112

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) I

ENERAL

.—The Attorney General shall conduct 3 pilot

programs of employment eligibility confirmation under this subtitle.

(b) I

MPLEMENTATION

EADLINE

; T

ERMINATION

.—The Attorney

General shall implement the pilot programs in a manner that per-

mits persons and other entities to have elections under section 402

made and in effect no later than 1 year after the date of the enact-

ment of this Act. Unless the Congress otherwise provides, the Attor-

ney 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.

COPE OF

PERATION OF

ILOT

ROGRAMS

.—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 sec-

tion 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 (de-

scribed 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) R

EFERENCES IN

UBTITLE

.—In this subtitle—

(1) P

ILOT PROGRAM REFERENCES

.—The terms ‘‘program’’ or

‘‘pilot program’’ refer to any of the 3 pilot programs provided for

under this subtitle.

(2) C

ONFIRMATION SYSTEM

.—The term ‘‘confirmation sys-

tem’’ means the confirmation system established under section

404.

(3) R

EFERENCES 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 appro-

priate.

(5) L

IMITED APPLICATION TO RECRUITERS AND REFER

RERS

.—Any reference to recruitment or referral (or a recruiter

or referrer) in relation to employment is deemed a reference only

113

to such recruitment or referral (or recruiter or referrer) that is

subject to section 274A(a)(1)(B)(ii).

(6) U

NITED STATES CITIZENSHIP

.—The term ‘‘United States

citizenship’’ includes United States nationality.

(7) S

TATE

.—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 PRO-

GRAM.

(a) V

OLUNTARY

LECTION

.—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) B

ENEFIT OF

EBUTTABLE

RESUMPTION

.—

(1) I

N GENERAL

.—If a person or other entity is participating

in a pilot program and obtains confirmation of identity and em-

ployment eligibility in compliance with the terms and condi-

tions 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 pre-

sumption that the person or entity has not violated section

274A(a)(1)(A) with respect to such hiring (or such recruitment

or referral).

(2) C

ONSTRUCTION

.—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 de-

fense under section 274A(a)(3) if the person or entity complies

with the requirements of section 274A(a)(1)(B) but fails to ob-

tain confirmation under paragraph (1).

ENERAL

ERMS OF

LECTIONS

.—

(1) I

N 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 mak-

ing an election or participating in a pilot program.

(2) S

COPE OF ELECTION

.—

(A) I

N GENERAL

.—Subject to paragraph (3), any elect-

ing 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) A

PPLICATION 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

114

(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 pro-

gram (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 recruit-

ment or referral) in which the pilot program is not oth-

erwise operating but only if such States meet the re-

quirements of 403(b)(2)(A) and 403(c)(2), respectively.

(3) A

CCEPTANCE AND REJECTION OF ELECTIONS

.—

(A) I

N GENERAL

.—Except as provided in subparagraph

(B), the Attorney General shall accept all elections made

under subsection (a).

(B) R

EJECTION 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 pro-

vide appropriate services under a pilot program for the per-

son’s or entity’s hiring (or recruitment or referral) in any or

all States or places of hiring.

(4) T

ERMINATION 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) C

ONSULTATION

, E

DUCATION

AND

UBLICITY

.—

(1) C

ONSULTATION

.—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) P

UBLICITY

.—The Attorney General shall widely pub-

licize the election process and pilot programs, including the vol-

untary nature of the pilot programs and the advantages to em-

ployers (and recruiters and referrers) of making an election

under this section.

(3) A

SSISTANCE THROUGH DISTRICT OFFICES

.—The Attorney

General shall designate one or more individuals in each Dis-

trict office of the Immigration and Naturalization Service for a

Service District in which a pilot program is being imple-

mented—

(A) to inform persons and other entities that seek infor-

mation 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.

115

(e) S

ELECT

NTITIES

EQUIRED TO

ARTICIPATE IN A

ILOT

ROGRAM

.—

(1) F

EDERAL GOVERNMENT

.—

(A) E

XECUTIVE DEPARTMENTS

.—

(i) I

N GENERAL

.—Each Department of the Federal

Government shall elect to participate in a pilot pro-

gram and shall comply with the terms and conditions

of such an election.

(ii) E

LECTION

.—Subject to clause (iii), the Sec-

retary 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 divi-

sions within the Department, so long as all hiring

by such divisions and in such locations is covered.

(iii) R

OLE 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 pro-

grams.

(B) L

EGISLATIVE 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 pro-

grams (if there is more than one) in which the Member, of-

ficer, or agency will participate, and shall comply with the

terms and conditions of such an election.

(2) A

PPLICATION 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 partici-

pate in, and comply with the terms of, a pilot program with re-

spect to the subject’s hiring (or recruitment or referral) of indi-

viduals in a State covered by such a program.

(3) C

ONSEQUENCE 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 sec-

tion 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 sec-

tion 274A(f)(1).

(f) C

ONSTRUCTION

.—This subtitle shall not affect the authority

of the Attorney General under any other law (including section

116

274A(d)(4)) to conduct demonstration projects in relation to section

274A.

SEC. 403. PROCEDURES FOR PARTICIPANTS IN PILOT PROGRAMS.

(a) B

ASIC

ILOT

ROGRAM

.—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 hir-

ing (or recruitment or referral) for employment in the United States

of each individual covered by the election:

(1) P

ROVISION 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 in-

spection for the period and in the manner required of I–9 forms

under section 274A(b)(3).

(2) P

RESENTATION OF DOCUMENTATION

.—

(A) I

N 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 ap-

pears to pertain to the individual whose identity and

work eligibility is being confirmed.

(B) L

IMITATION OF REQUIREMENT TO EXAMINE DOCU

MENTATION

.—If the Attorney General finds that a pilot pro-

gram would reliably determine with respect to an individ-

ual whether—

(i) the person with the identity claimed by the indi-

vidual is authorized to work in the United States, and

(ii) the individual is claiming the identity of an-

other person,

if a person or entity could fulfill the requirement to exam-

ine 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 Gen-

eral may provide that, for purposes of such requirement,

only such a document need be examined. In such case, any

117

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) S

EEKING CONFIRMATION

.—

(A) I

N 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 Attor-

ney General) after the date of the hiring (or recruitment or

referral, as the case may be).

(B) E

XTENSION 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 reg-

istered 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 confirma-

tion 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) C

ONFIRMATION OR NONCONFIRMATION

.—

(A) C

ONFIRMATION UPON INITIAL INQUIRY

.—If the per-

son or other entity receives an appropriate confirmation of

an individual’s identity and work eligibility under the con-

firmation system within the time period specified under sec-

tion 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) N

ONCONFIRMATION UPON INITIAL INQUIRY AND SEC

ONDARY VERIFICATION

.—

(i) N

ONCONFIRMATION

.—If the person or other en-

tity receives a tentative nonconfirmation of an individ-

ual’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) N

O CONTEST

.—If the individual does not con-

test the nonconfirmation within the time period speci-

fied in section 404(c), the nonconfirmation shall be con-

sidered 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) C

ONTEST

.—If the individual does contest the

nonconfirmation, the individual shall utilize the proc-

ess 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 speci-

fied in such section. In no case shall an employer ter-

118

minate employment of an individual because of a fail-

ure of the individual to have identity and work eligi-

bility confirmed under this section until a noncon-

firmation becomes final. Nothing in this clause shall

apply to a termination of employment for any reason

other than because of such a failure.

(iv) R

ECORDING 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 pro-

vided under the system and that indicates a confirma-

tion or nonconfirmation of identity and work eligibility

of the individual.

ONSEQUENCES OF NONCONFIRMATION

.—

(i) T

ERMINATION OR NOTIFICATION OF CONTINUED

EMPLOYMENT

.—If the person or other entity has re-

ceived a final nonconfirmation regarding an individual

under subparagraph (B), the person or entity may ter-

minate employment (or recruitment or referral) of the

individual. If the person or entity does not terminate

employment (or recruitment or referral) of the individ-

ual, the person or entity shall notify the Attorney Gen-

eral of such fact through the confirmation system or in

such other manner as the Attorney General may speci-

fy.

(ii) F

AILURE 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 con-

stitute 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 (notwith-

standing the amounts specified in such section) no less

than $500 and no more than $1,000 for each individ-

ual with respect to whom such violation occurred.

(iii) C

ONTINUED EMPLOYMENT AFTER FINAL NON

CONFIRMATION

.—If the person or other entity continues

to employ (or to recruit or refer) an individual after re-

ceiving final nonconfirmation, a rebuttable presump-

tion 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) C

ITIZEN

TTESTATION

ILOT

ROGRAM

.—

(1) I

N GENERAL

.—Except as provided in paragraphs (3)

through (5), the procedures applicable under the citizen attesta-

tion pilot program under this subsection shall be the same pro-

cedures as those under the basic pilot program under subsection

(a).

(2) R

ESTRICTIONS

.—

(A) S

TATE 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

119

document described in section 274A(b)(1)(D)(i) issued by the

State—

(i) contains a photograph of the individual in-

volved, 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, tam-

pering, and fraudulent use that it is a reliable means

of identification for purposes of this section.

(B) A

UTHORIZATION TO LIMIT EMPLOYER PARTICIPA

TION

.—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 po-

tential impact of fraud.

(3) N

O CONFIRMATION REQUIRED FOR CERTAIN INDIVIDUALS

ATTESTING TO U

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 at-

tests to United States citizenship (under penalty of perjury on

an I–9 or similar form which form states on its face the crimi-

nal and other penalties provided under law for a false represen-

tation 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 ei-

ther 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 de-

scribed in paragraphs (3) and (4) of subsection (a), but only

if the person or entity retains the form and makes it avail-

able for inspection in the same manner as in the case of an

I–9 form under section 274A(b)(3).

(4) W

AIVER OF DOCUMENT PRESENTATION REQUIREMENT IN

CERTAIN CASES

.—

(A) I

N GENERAL

.—In the case of a person or entity that

elects, in a manner specified by the Attorney General con-

sistent 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 de-

scribed in paragraph (3)) to United States citizenship and

the person or entity retains the form on which the attesta-

tion 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) R

ESTRICTION

.—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.

120

(5) N

ONREVIEWABLE DETERMINATIONS

.—The determinations

of the Attorney General under paragraphs (2) and (4) are with-

in the discretion of the Attorney General and are not subject to

judicial or administrative review.

ACHINE

-R

EADABLE

-D

OCUMENT

ILOT

ROGRAM

.—

(1) I

N GENERAL

.—Except as provided in paragraph (3), the

procedures applicable under the machine-readable-document

pilot program under this subsection shall be the same proce-

dures as those under the basic pilot program under subsection

(a).

(2) S

TATE 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 docu-

ments described in section 274A(b)(1)(D)(i) issued by the State

include a machine-readable social security account number.

(3) U

SE OF MACHINE

READABLE DOCUMENTS

.—If the indi-

vidual whose identity and employment eligibility must be con-

firmed 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 secu-

rity 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 individ-

ual’s identification or authorization number described in sub-

section (a)(1)(B) shall be provided as part of the inquiry.

(d) P

ROTECTION FROM

IABILITY FOR

CTIONS

AKEN ON THE

ASIS OF

NFORMATION

ROVIDED BY THE

ONFIRMATION

YSTEM

.—

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) I

ENERAL

.—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 nongovern-

mental 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 iden-

tity 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 pro-

vided to inquirers as evidence of their compliance with their ob-

ligations under the pilot programs.

To the extent practicable, the Attorney General shall seek to estab-

lish such a system using one or more nongovernmental entities.

(b) I

NITIAL

ESPONSE

.—The confirmation system shall provide

confirmation or a tentative nonconfirmation of an individual’s iden-

121

tity 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.

ECONDARY

ERIFICATION

ROCESS IN

ASE OF

ENTATIVE

ONCONFIRMATION

.—In cases of tentative nonconfirmation, the At-

torney 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 pro-

vide an appropriate code indicating such confirmation or noncon-

firmation.

(d) D

ESIGN AND

PERATION OF

YSTEM

.—The confirmation sys-

tem 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) consist-

ent 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 infor-

mation; and

(4) to have reasonable safeguards against the system’s re-

sulting 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 employ-

ment; or

ation for employment as a result of a perceived likelihood

that additional verification will be required, beyond what

is required for most job applicants.

(e) R

ESPONSIBILITIES OF THE

OMMISSIONER OF

OCIAL

ECU

RITY

.—As part of the confirmation system, the Commissioner of So-

cial Security, in consultation with the entity responsible for admin-

istration 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 Commis-

sioner in order to confirm (or not confirm) the validity of the infor-

mation provided regarding an individual whose identity and em-

ployment eligibility must be confirmed, the correspondence of the

name and number, and whether the individual has presented a so-

cial security account number that is not valid for employment. The

Commissioner shall not disclose or release social security informa-

tion (other than such confirmation or nonconfirmation).

(f) R

ESPONSIBILITIES OF THE

OMMISSIONER OF THE

MMIGRA

TION AND

ATURALIZATION

ERVICE

.—As part of the confirmation

122

system, the Commissioner of the Immigration and Naturalization

Service, in consultation with the entity responsible for administra-

tion of the system, shall establish a reliable, secure method, which,

within the time periods specified under subsections (b) and (c), com-

pares the name and alien identification or authorization number de-

scribed 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) U

PDATING

NFORMATION

.—The Commissioners of Social Se-

curity and the Immigration and Naturalization Service shall up-

date their information in a manner that promotes the maximum ac-

curacy and shall provide a process for the prompt correction of erro-

neous information, including instances in which it is brought to

their attention in the secondary verification process described in

subsection (c).

(h) L

IMITATION ON

SE OF THE

ONFIRMATION

YSTEM AND

ELATED

YSTEMS

.—

(1) I

N 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 pur-

pose other than as provided for under a pilot program.

(2) N

O 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 estab-

lishment of a national identification card.

SEC. 405. REPORTS.

The Attorney General shall submit to the Committees on the Ju-

diciary 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) I

ENERAL

.—Section 274A(b) (8 U.S.C. 1324a(b)) is

amended by adding at the end the following new paragraph:

‘‘(6) G

OOD FAITH COMPLIANCE

.—

‘‘(A) I

N GENERAL

.—Except as provided in subpara-

graphs (B) and (C), a person or entity is considered to have

123

complied with a requirement of this subsection notwith-

standing a technical or procedural failure to meet such re-

quirement if there was a good faith attempt to comply with

the requirement.

‘‘(B) E

XCEPTION IF FAILURE TO CORRECT AFTER NO

TICE

.—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 pe-

riod 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 fail-

ure voluntarily within such period.

‘‘(C) E

XCEPTION FOR PATTERN OR PRACTICE VIOLA

TORS

.—Subparagraph (A) shall not apply to a person or en-

tity that has or is engaging in a pattern or practice of viola-

tions of subsection (a)(1)(A) or (a)(2).’’.

(b) E

FFECTIVE

ATE

.—The amendment made by subsection (a)

shall apply to failures occurring on or after the date of the enact-

ment of this Act.

SEC. 412. PAPERWORK AND OTHER CHANGES IN THE EMPLOYER SANC-

TIONS PROGRAM.

(a) R

EDUCING THE

UMBER OF

OCUMENTS

CCEPTED FOR

PLOYMENT

ERIFICATION

.—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

(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 sub-

clause:

‘‘(III) contains security features to make it re-

sistant to tampering, counterfeiting, and fraudu-

lent use.’’;

(2) in subparagraph (C)—

(A) by adding ‘‘or’’ at the end of clause (i),

(B) by striking clause (ii), and

(3) by adding at the end the following new subparagraph:

‘‘(E) A

UTHORITY TO PROHIBIT USE OF CERTAIN DOCU

MENTS

.—If the Attorney General finds, by regulation, that

any document described in subparagraph (B), (C), or (D) as

124

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 pur-

poses of this subsection.’’.

(b) R

EDUCTION OF

APERWORK FOR

ERTAIN

MPLOYEES

.—Sec-

tion 274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the end

the following new paragraph:

‘‘(6) T

REATMENT OF DOCUMENTATION FOR CERTAIN EMPLOY

EES

.—

‘‘(A) I

N GENERAL

.—For purposes of this section, if—

‘‘(i) an individual is a member of a collective-bar-

gaining unit and is employed, under a collective bar-

gaining 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 associa-

tion (or an agent of such association on behalf of the

employer) has complied with the requirements of sub-

section (b) with respect to the employment of the indi-

vidual,

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 pen-

alties described in subsection (e)(5).

‘‘(B) P

ERIOD

.—The period described in this subpara-

graph is 3 years, or, if less, the period of time that the indi-

vidual is authorized to be employed in the United States.

‘‘(C) L

IABILITY

.—

‘‘(i) I

N GENERAL

.—If any employer that is a mem-

ber of an association hires for employment in the Unit-

ed 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 au-

thorized to work in the United States, then for the pur-

poses of paragraph (1)(A), subject to clause (ii), the em-

ployer 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) R

EBUTTAL OF PRESUMPTION

.—The presump-

tion 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 indi-

vidual at the time of hiring or afterward was an alien

not authorized to work in the United States.

‘‘(iii) E

XCEPTION

.—Clause (i) shall not apply in

any prosecution under subsection (f)(1).’’.

LIMINATION OF

ATED

ROVISIONS

.—Section 274A (8

U.S.C. 1324a) is amended by striking subsections (i) through (n).

(d) C

LARIFICATION OF

PPLICATION TO

EDERAL

OVERN

MENT

.—Section 274A(a) (8 U.S.C. 1324a(a)), as amended by sub-

125

section (b), is amended by adding at the end the following new

paragraph:

‘‘(7) A

PPLICATION TO FEDERAL GOVERNMENT

.—For purposes

of this section, the term ‘entity’ includes an entity in any branch

of the Federal Government.’’.

(e) E

FFECTIVE

ATES

.—

(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 des-

ignate.

(2) The amendment made by subsection (b) shall apply to

individuals hired on or after 60 days after the date of the enact-

ment 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 hir-

ing 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 NEED-

ED FOR ENFORCEMENT OF EMPLOYER SANCTIONS PROVI-

SIONS.

(a) I

ENERAL

.—Not later than 1 year after the date of the en-

actment of this Act, the Attorney General shall submit to the Com-

mittees 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,

(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 ex-

pand the restrictions in such order to cover agricultural sub-

sidies, grants, job training programs, and other Federally sub-

sidized assistance programs.

(b) R

EFERENCE TO

NCREASED

UTHORIZATION OF

PPROPRIA

TIONS

.—For provision increasing the authorization of appropria-

tions 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) I

ENERAL

.—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 Secu-

rity 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 em-

ployed, with respect to which, in such fiscal year, earnings were re-

ported to the Social Security Administration.

126

‘‘(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) R

EPORT ON

RAUDULENT

SE OF

OCIAL

ECURITY

COUNT

UMBERS

.—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 so-

cial 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 Commis-

sioner 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 UN-

FAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

(a) I

ENERAL

.—Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is

amended—

(1) by striking ‘‘For purposes of paragraph (1), a’’ and in-

serting ‘‘A’’; and

(2) by striking ‘‘relating to the hiring of individuals’’ and

inserting the following: ‘‘if made for the purpose or with the in-

tent of discriminating against an individual in violation of

paragraph (1)’’.

(b) E

FFECTIVE

ATE

.—The amendments made by subsection (a)

shall apply to requests made on or after the date of the enactment

of this Act.

127

TITLE V—RESTRICTIONS ON BENEFITS

FOR ALIENS

SEC. 500. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE

AND IMMIGRATION.

(a) S

TATEMENTS OF

ONGRESSIONAL

OLICY

.—The Congress

makes the following statements concerning national policy with re-

spect to welfare and immigration:

(1) Self-sufficiency has been a basic principle of United

States immigration law since this country’s earliest immigra-

tion 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 unen-

forceable financial support agreements have proved incapable of

assuring that individual aliens do not burden the public bene-

fits 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 immi-

gration policy.

(6) It is a compelling government interest to remove the in-

centive for illegal immigration provided by the availability of

public benefits.

(b) S

ENSE OF

ONGRESS

.—

(1) I

N 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) S

TRICT 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 inter-

est of assuring that aliens are self-reliant in accordance with

national immigration policy.

128

Subtitle A—Ineligibility of Excludable De-

portable, and Nonimmigrant Aliens From

Public Assistance and Benefits

SEC. 501. MEANS-TESTED PUBLIC BENEFITS.

(a) I

ENERAL

.—Except as provided in subsection (b), and not-

withstanding any other provision of law, an ineligible alien (as de-

fined in subsection (d)) shall not be eligible to receive any means-

tested public benefits (as defined in subsection (e)).

(b) E

XCEPTIONS

.—Subsection (a) shall not apply to any of the

following benefits:

(1)(A) Medical assistance under title XIX of the Social Se-

curity 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 emer-

gency labor and delivery) manifesting itself by acute symptoms

of sufficient severity (including severe pain) such that the ab-

sence of immediate medical attention could reasonably be ex-

pected 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 (in-

cluding any successor program to any of the following as identi-

fied by the Attorney General in consultation with other appro-

priate 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.).

tion 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 reserva-

tions 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 dis-

ease, for testing and treatment for any such diseases (which

may not include treatment for HIV infection or acquired im-

mune 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

129

and unreviewable discretion, after consultation with appro-

priate government agencies, if—

(A) such service or assistance is delivered at the com-

munity level, including through public or private nonprofit

agencies;

(B) such service or assistance is necessary for the pro-

tection of life, safety, or public health; and

such service or assistance is not conditioned on the recipi-

ent’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.

LIGIBLE

LIEN

EFINED

.—For the purposes of this sec-

tion—

(1) I

N 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,

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) I

NCLUSION 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 Na-

tionality 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,

(IV) status as a spouse or child of a United

States citizen pursuant to clause (i) of section

130

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 con-

sented 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 Gen-

eral, 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 sub-

paragraph (A).

Such term shall not apply to an alien during any period in

which the individual responsible for such battery or cruelty re-

sides in the same household or family eligibility unit as the in-

dividual subjected to such battery or cruelty.

(d) I

NELIGIBLE

LIEN

EFINED

.—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) M

EANS

-T

ESTED

UBLIC

ENEFIT

.—For purposes of this sec-

tion, the term ‘‘means-tested public benefit’’ means any public bene-

fit (including cash, medical, housing, food, and social services) pro-

vided 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) E

FFECTIVE

ATE

.—

(1) I

N GENERAL

.—This section shall apply to benefits pro-

vided 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) R

EGULATIONS

.—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 op-

portunity for public comment.

(3) W

AIVER AUTHORITY

.—The Attorney General is author-

ized to waive any provision of this section in the case of applica-

tions pending on the effective date of such provision.

SEC. 502. GRANTS, CONTRACTS, AND LICENSES.

(a) I

ENERAL

.—Except as provided in subsection (b) and not-

withstanding any other provision of law, an ineligible alien (as de-

fined in section 501(d)) shall not be eligible for any grant, contract,

131

loan, professional license, driver’s license, or commercial license pro-

vided or funded by any agency of the United States or any State or

political subdivision of a State.

(b) E

XCEPTIONS

.—

(1) N

ONIMMIGRANT ALIEN AUTHORIZED TO WORK IN THE

NITED

TATES

.—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.

(2) N

ONIMMIGRANT ALIEN

.—Subsection (a) shall not apply

to an alien in lawful nonimmigrant status with respect to a

driver’s license.

(3) A

LIEN OUTSIDE THE UNITED STATES

.—Subsection (a)

shall not apply to an alien who is outside of the United States

with respect to any contract.

FFECTIVE

ATE

.—

(1) I

N 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 para-

graph (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) R

EGULATIONS

.—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 op-

portunity for public comment.

(3) W

AIVER AUTHORITY

.—The Attorney General is author-

ized to waive any provision of this section in the case of applica-

tions pending on the effective date of such provision.

SEC. 503. UNEMPLOYMENT BENEFITS.

(a) E

LIMINATION OF

REDITING

MPLOYMENT

ERELY ON

ASIS

PRUCOL S

TATUS

.—Section 3304(a)(14)(A) of the Internal Reve-

nue Code of 1986 is amended—

(1) by striking ‘‘, was lawfully’’ and inserting ‘‘or was law-

fully’’, and

(2) by striking ‘‘, or was permanently’’ and all that follows

up to the comma at the end.

(b) E

FFECTIVE

ATE

.—The amendments made by subsection (a)

shall apply with respect to certifications of States for 1998 and sub-

sequent 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.

EPORT

.—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

132

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) I

NELIGIBILITY OF

LIENS

AWFULLY

RESENT FOR

CIAL

ECURITY

ENEFITS

.—

(1) I

N 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 Gen-

eral.’’.

(2) E

FFECTIVE 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) N

REDITING FOR

NAUTHORIZED

MPLOYMENT

.—

(1) I

N 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 individ-

ual in the United States shall constitute ‘employment’ only if it is

demonstrated to the satisfaction of the Commissioner of Social Secu-

rity that such service was performed by such individual while such

individual was a citizen, a national, a permanent resident, or other-

wise authorized to be employed in the United States in such serv-

ice.’’.

(2) E

FFECTIVE DATE

.—The amendment made by paragraph

(1) shall apply with respect to services performed after Decem-

ber 31, 1996.

RADE OR

USINESS

.—

(1) I

N 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) E

FFECTIVE DATE

.—The amendment made by paragraph

(1) shall apply with respect to any trade or business carried on

after December 31, 1996.

133

(d) C

ONSTRUCTION

.—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 AS-

SISTANCE.

(a) R

EVISION OF

SAVE P

ROGRAM

.—

(1) I

N 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 in-

dividual 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 tam-

pering, 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 pho-

tograph of the individual.

‘‘(D) If the individual attests to being a citizen or na-

tional 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 des-

ignate as constituting reasonable evidence indicating Unit-

ed States citizenship or nationality.’’.

(2) T

EMPORARY 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 docu-

mentation 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 na-

tional 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 reason-

able evidence indicating satisfactory immigration status.’’.

(3) C

ONFORMING 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 immigra-

tion or citizenship status for eligibility for supplemental security in-

come benefits under this title.’’.

134

FFECTIVE

ATE

.—

(1) I

N 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) R

EGULATIONS

.—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 en-

actment of this Act. Such regulations shall be effective on an in-

terim basis, pending change after opportunity for public com-

ment.

SEC. 506. AUTHORIZATION FOR STATES TO REQUIRE PROOF OF ELIGI-

BILITY FOR STATE PROGRAMS.

(a) I

ENERAL

.—In carrying out this title (and the amend-

ments 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 eli-

gibility consistent with the provisions of this title.

(b) E

FFECTIVE

ATE

.—This section shall take effect on the date

of the enactment of this Act.

SEC. 507. LIMITATION ON ELIGIBILITY FOR PREFERENTIAL TREAT-

MENT OF ALIENS NOT LAWFULLY PRESENT ON BASIS OF

RESIDENCE FOR HIGHER EDUCATION BENEFITS.

(a) I

ENERAL

.—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) E

FFECTIVE

ATE

.—This section shall apply to benefits pro-

vided on or after July 1, 1998.

SEC. 508. VERIFICATION OF STUDENT ELIGIBILITY FOR POSTSECOND-

ARY FEDERAL STUDENT FINANCIAL ASSISTANCE.

(a) I

ENERAL

.—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 certifi-

cation.

(b) R

EPORT

EQUIREMENT

.—

(1) I

N 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 ap-

propriate committees of the Congress a report on the computer

matching program of the Department of Education under sec-

tion 484(p) of the Higher Education Act of 1965.

(2) R

EPORT ELEMENTS

.—The report under paragraph (1)

shall include the following:

135

(A) An assessment by the Secretary and the Commis-

sioner of the effectiveness of the computer matching pro-

gram, and a justification for such assessment.

(B) The ratio of successful matches under the program

to inaccurate matches.

Commissioner jointly consider appropriate.

(3) A

PPROPRIATE COMMITTEES OF THE

ONGRESS

.—For

purposes of this subsection the term ‘‘appropriate committees of

the Congress’’ means the Committee on Economic and Edu-

cational 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.

FFECTIVE

ATE

.—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 ASSIST-

ANCE.

(a) S

OCIAL

ECURITY

TATE

NCOME AND

LIGIBILITY

IFICATION

YSTEMS

.—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) E

LIGIBILITY FOR

SSISTANCE

NDER

IGHER

DUCATION

CT 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 Immigra-

tion 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 CHARI-

TABLE ORGANIZATIONS.

(a) I

ENERAL

.—Subject to subsection (b), and notwithstand-

ing any other provision of this title, a nonprofit charitable organiza-

tion, in providing any means-tested public benefit (as defined in sec-

tion 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) R

EQUIREMENT OF

TATE OR

EDERAL

ETERMINATION OF

LIGIBILITY

.—

(1) I

ENERAL

.—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.

136

(B) In the case of an alien and subject to paragraph

(2), written verification, from an appropriate State or Fed-

eral agency, of the applicant’s eligibility for assistance or

benefits and the amount of assistance or benefits for which

the applicant is eligible.

(2) N

O NOTIFICATION WITHIN 10 DAYS

.—If the organization

is not notified within 10 business days after a request of an ap-

propriate State or Federal agency for verification under para-

graph (1)(B), the requirement under paragraph (1) shall not

apply to any means-tested public benefit provided to such appli-

cant by the organization until 30 calendar days after such noti-

fication is received.

(3) L

IMITATIONS

.—

(A) P

RIVATE FUNDS

.—The requirement under para-

graph (1) shall not apply to assistance or benefits provided

through private funds.

(B) S

ECTION 501 EXCEPTED BENEFITS

.—The require-

ment 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) A

DMINISTRATION

.—

(A) I

N GENERAL

.—The Attorney General shall through

regulation provide for an appropriate procedure for the ver-

ification required under paragraph (1)(B).

(B) T

IME 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 appli-

cant’s eligibility under section 501(a) of this title and the

amount of eligibility under section 552 (or comparable pro-

visions of State law as authorized under section 553 or

554) not later than 10 business days after the date the re-

quest is made.

ECORDKEEPING

.—If the Attorney General deter-

mines 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 BENE-

FITS TO INELIGIBLE ALIENS ON BEHALF OF ELIGIBLE IN-

DIVIDUALS.

(a) I

ENERAL

.—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 bene-

fits are provided and the incidence of fraud or misrepresentation in

connection with the provision of such benefits.

(b) D

EFINITIONS

.—The terms ‘‘eligible alien’’, ‘‘ineligible alien’’,

and ‘‘means-tested public benefits’’ have the meanings given such

terms in section 501.

137

Subtitle B—Expansion of Disqualification

From Immigration Benefits on the Basis

of Public Charge

SEC. 531. GROUND FOR EXCLUSION.

(a) I

ENERAL

.—Paragraph (4) of section 212(a) (8 U.S.C.

1182(a)) is amended to read as follows:

‘‘(4) P

UBLIC CHARGE

.—

‘‘(A) I

N 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 applica-

tion for admission or adjustment of status, is likely at any

time to become a public charge is excludable.

‘‘(B) F

ACTORS TO BE TAKEN INTO ACCOUNT

.—(i) In de-

termining whether an alien is excludable under this para-

graph, 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 con-

sular officer or the Attorney General may also consider any

affidavit of support under section 213A for purposes of ex-

clusion under this paragraph.

‘‘(C) F

AMILY